HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-110Temp. Reso. #9352
April 10, 2001 1
Revision 1, May 7, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-110
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS
EASEMENT WITH NYCH PARTNERS, LTD., FOR THE
LYONS COMMERCIAL SUBDIVISION NO. 2, LOTS 3-8
PROJECT, LOCATED ON THE NORTH SIDE OF
COMMERCIAL BOULEVARD BETWEEN PINE ISLAND
ROAD AND NW 91ST AVENUE, TO PROVIDE PROPER
ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES
SUCH AS UTILITY, CANAL, FIRE AND POLICE
PROTECTION, EMERGENCY AND OTHER PUBLIC SAFETY
SERVICES; AUTHORIZING AND DIRECTING THE CITY
CLERK TO RECORD SAID DOCUMENT IN THE PUBLIC
RECORDS OF BROWARD COUNTY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, NYCH Partners, Ltd., is the Developer of the Lyons Commercial
Subdivision No. 2, Lots 3-8 Project located on the north side of Commercial Boulevard
between Pine Island Road and NW 91" Avenue (a copy of which is attached hereto in
map form as "Exhibit 1 "); and
WHEREAS, a Blanket Public Safety Ingress/Egress Easement is required by
City Code Section 24-580 (1)(3)(a), to provide proper access to private property for
municipal services; and
WHEREAS, NYCH Partners, Ltd., has offered a Blanket Public Safety
Ingress/Egress Easement to the City of Tamarac for the Lyons Commercial Subdivision
No. 2, Lots 3-8 Project; and
Temp. Reso. #9352
April 10, 2001 2
Revision 1, May 7, 2001
WHEREAS, it is the recommendation of the Director of Utilities that the Blanket
Public Safety Ingress/Egress Easement with NYCH Partners, Ltd., be approved and
executed for the Lyons Commercial Subdivision No. 2, Lots 3-8 Project; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to accept and
execute a Blanket Public Safety Ingress/Egress Easement with NYCH Partners, Ltd.,
for the Lyons Commercial Subdivision No. 2, Lots 3-8 Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution.
SECTION 2: The appropriate City Officials are hereby authorized to
accept and execute a Blanket Public Safety Ingress/Egress Easement (a copy of which
is attached hereto as "Exhibit 2") with NYCH Partners, Ltd., for the Lyons Commercial
Subdivision No. 2, Lots 3-8 Project, located on the north side of Commercial Boulevard
between Pine Island Road and NW 915t Avenue.
SECTION 3: The City Clerk is hereby authorized and directed to record
said document in the public records of Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
1
1
Temp. Reso. #9352
April 10, 2001 3
Revision 1, May 7, 2001
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 9t" day of May, 2001.
%? JOE SCHREIBER
MAYOR
ATTEST:
MARION SNSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
MIITCHELL S. KRAF
CITY ATTORNEY
RG/DM/mg
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
67
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS� ,
f
EXHIBIT 1
TEMP. RESO. # 9352
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LYONS L3-8.DWG
LYONS COMMERCIAL SUBDIVISION
LOTS 3-8
BLANKET PUBLIC SAFETY INGRESS / EGRESS
Exhibit 2
TAMARAC LIJILITIE-a
PUBLIC FETY
INGRE S/EGRESS EAUMENT
PROJECT: L lQuaiVl�(aN. ��1tfi��
(NAME OF PROJECT)
This PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this q+h day of
address of rli illl -,
(the "Grantor"), and the City of Tamarac, a Florida municipal corporation
having an address at 7525 Northwest 88th Avenue, Tamarac, Florida 33321 (the
"Grantee")
WITNESSETH
WHEREAS, Grantor is the fee simple owner of the real property described on
Exhibit "A", attached hereto (the "Property"); and
WHEREAS, Grantor desires to create a non-exclusive easement in favor of
Grantee for ingress and egress over the Property as indicated on Exhibit "A", in the
condition and with such improvements as may exist from time to time, upon the terms
and conditions set forth herein.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) paid to
Grantor, the receipt and adequacy of which is hereby acknowledged, and for other good
and valuable considerations, Grantor does hereby create, establish and grant this
Ingress and Egress Easement to Grantee for the specific purpose of access by
Grantee, for Grantee to provide municipal services to the above -described property
such as services to existing utilities, maintenance to existing canals, fire protection,
police protection, emergency and other public safety services.
Nothing contained herein shall be deemed to prohibit or restrict Grantor or its
successors from constructing any buildings or improvements upon the property, and/or
relocating any paved areas or other improvements on the Property, subject to the
requirements of Grantee or any other controlling governmental authority. Upon the
construction of any building and improvements upon such property, the easement
created hereby shall be subject to such improvements as are constructed and shall be
used by Grantee in a manner which is consistent with the buildings and improvements
constructed upon the property and which, to the extent possible, will minimize
interference with and will be compatible with the construction and use of said buildings
and improvements.
The provisions of this easement shall be binding on the parties hereto and the
respective successors and assigns as a covenant running with and binding upon the
servient estate.
This easement shall not be released or altered without consent of the Grantee.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
(GRANTOR)
Wit ess
Type Name L
qt �� Pj�- a AA4�U
Witness
Type Name
STATE OF FLORIDA
SS
COUNTY OF4'JIS6yo
h nc...
G L 0 eoTice.
Type Name/Title r
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the Countv aforesaid to take acknowledgments, personally
appeared Ice_ i 6n to me known to be the person(s)
described in and who executed the foregoing i strument and acknowledged
before me and under oath that a cuted the same.
WITNESS my hand and official se this day of May(.' �
2001
N
� Janette L Barr
* , *My Commission C0883042
3tiA,► Expires September 28, 2001
( personally known to me, or
( ) Produced Identification
Purlone ck,1)?r- �� c�cr►. b� ,
r
N ARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( )DID take an oath or (DID NOT take an oath.
981208 3 Blanket Public Safety Ingress/Egress Easement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST-
By:
Marion--�wenstx , CIVIC
City Clerk -
STATE OF FLORIDA
: SS
COUNTY OF &OWa'M :
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe reiber
Mayor
Date-
By:
/� u effrey L I I I
4 City Manager
Date: S / 5- O
Ap rov d s to rm:
Y�
Mitch S. Kraft, i
ity Attorney
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
ckC Sc,gRp&,-P_1JC-FF t-V t Mil -WE to me known to be the person(s) described in and
who executed the foregoing instrument and _ acknowledged before me and
under oath that � executed the same.
WITNESS my hand and official seal this IJ day of
200/
r.•............................r�
�1
Produced identification
( ) DID take an oath, or (
Pa&&
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
DID NOT take an oath
981208 4 Blanket Public Safety Ingress/Egress Easement
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
SST: e SS
M
Type Name
Corporate Secretary
(Corporate Seal)
l
14, J rra rGt"r—
_ Type Name CXC17(p SI
V
I`C 1 President
MORTGAGEE F/'rs� On/0,1V 1V00' 1tQ1,6Q1?)�
STATE OF FLORIDA
kj-o.0SS
�
COUNTY OF SLor�
By: V . o.
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State of resaid and in the County aforesaid to take acknowledgments, personally
appeared (. n to me known to be the person(s)
described in and who execu ed t W
regoing instrument and k,Lacknowledged
before me and under oath that executed a same.
WITNESS my hand and official seal this Z day of apr(I
200 f.
pU��i� OFFICIAL NOTARY SEAL
JANICE K TICE
COMMpMWN MWER
t CC642306
!or FleaAPH226,200 ES
( Personally known to me, or
NO/TARY"PUBLIC, State of Florida
e
A CI.
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
981208 5 Blanket Public Safety Ingress/Egress Easement
Exhibit A
SKETCHAND DESCRIPTION
Fog Development Inc.
LEGAL DESCRIPTION.•
A PORTION OF LOTS 2, 3, 4 AND 5, SLOCK 9, L YONS COMMERCIAL SUED/VISION UNIT No. 2,
ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T BOOK 69, PAGE 43, OF THE
PUBLIC RECORDS OF BROWARD COUNTY" FLORIDA. BEING FULLY DESCRIBED AS FOLLOWS.-
COMMENCING A T THE NOR THWEST CORNER OF SAID L 0 T 2; THENCE NORTH 88 59,06 " WEST,
ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 5.65 FEET TO THE POINT OF
BEGINNING. THENCE CONTINUE NORTH 8859 06" WEST A DISTANCE OF 96.35 TO THE
NORTHWEST CORNER OF SAID LOT J; THENCE CONTINUE NORTH 8859 06" WEST A DISTANCE
OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 4, THENCE CONTINUE NORTH
885906" WEST, A DISTANCE OF 3.68 FEET, THE LAST 4 CALLS BEING COINCIDENT WITH THE
SOUTH RIGHT—OF—WAY LINE OF N. W. 57th STREET,• THENCE SOUTH 00 01 37"" EAST, A
DISTANCE OF 20255 FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF THE
AFORESAID LOT 4; THENCE CONTINUE SOUTH 000137" EAST, A DISTANCE OF 90.46 FEET TO
A POINT ON THE NORTH RIGHT —OF —WA Y LINE OF N. W. 56th STREET (WEST COMMERCIAL
BOULEVARD); THENCE SOUTH 885906" EAST, A DISTANCE OF 98.35 FEET TO THE POINT OF
INTERSECTION WITH THE WEST PROPERTY LINE OF THE AFORESAID LOT 3,• THENCE CONTINUE
SOUTH 8859'06" EAST A DISTANCE OF 100.00 FEET TO THE POINT OF INTERSECTION WITH
THE EAST PROPERTY LINE OF THE AFORESAID LOT THENCE CONTINUE SOUTH 8859 06 , A
DISTANCE OF 1,68 FEET, THE LAST 3 CALLS BEING COINCIDENT WITH THE NORTH
RIGHT —OF —WA Y LINE OF N. W. 56th STREET (WEST COMMERCIAL BOULEVARD); THENCE NORTH
0007,37" A DISTANCE OF 92.28 FEET TO THE POINT OF INTERSECTION WITH THE EAST LINE
OF THE AFORESAID LOT THENCE CONTINUE NORTH DO 01 37"" WEST, A DISTANCE OF
200.73 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA.
SAID LANDS CONTAIN 58,602 SQUARE FEET (1.345 ACRES) MORE OR LESS.
NOTFS-
1) THIS IS NOT A SKETCH OF SURVEY
2) Bearings shown hereon are based on the North line of Lot 3 (P.B. 69, PG. 43, B.C.R.)
North 88'59'06" West.
3) This Sketch and Description consists of two sheets and is not complete without both sheets.
4) This Sketch and Description is not valid without the signature and original raised seal of a
Florida Licensed Surveyor and Mapper.
5) The undersigned and David & Gerchar, Inc., make no representations or guarantees as to
the information reflected hereon pertaining to easements, rights —of —way, setback lines,
agreements and other matters, and further, this instrument is not intended to reflect or
set forth all such matters. Such information should be obtained and confirmed by others
through appropriate title verification. lands shown hereon were not abstracted for
rights--of—way and/or easements of record.
SHEET 1 of 2
REVISIONS DATE BY CKD FB/PG
A PORTION OFLOTS
2, 7 4 AND S, BLOCK 9
L YONS COMMERCIAL
SUBDIVISIONNO.2
(PLATBOOK69, PAGE43, B.C.R)
SCALE:
1" = 80,
FB/PG:
N/A
11Rb\1i7ilk ■ 0
DEAN M. GERCHAR FOR THE FIRM RRM
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO, 5829 CKD. BY:
DAVID & GERCHAR, INC. LB#6935 I TD
JOB NO:
99-224L-BANK
CAD. FILE:
C:\TDWGS\99-224
DATE:
10/6/00
PROJ. FILE:
99-224
AVID &
ERCHAR, INC.
SURVEYORS AND MAPPERS
4301 Oak Circle, Suite 1
Boca Raton, Florida 33431
(561)417-6173•Fax: (561)417-9619
SKETCHAND DESCRIPTION
Fog Development Inc.
N. W. 57th STREET
(106 ' R/W)
NORTHWEST CORNER OF
SOUTH R/W LINE OF NORTHWEST CORNER L 0 T 2, L YONS COMMERCIAL
N.W. 57th STREET OF LOT 4 P.O.B' SU90IVISION UNIT NO. 2
200.03' (TOTAL)
N 88:59 06" W
100.00" 96.35'
J. 68' I NORTHWEST CORNER
OF LOT 3 I a n
o I J. 65' a r
o I O I cn o
NI a� I NI wZ
ao
1ar a.oa ser-eAac urn
I
�CK RciAL
E 2
cp N .
T. SONS UNIT o
LOT 2
L o 5 ¢ W 43, B o
pIvI�IpN
SU p
B 69,
s p (P L o r a
rn 1
N
nor 4 IM
LEGEND-
tp I 00 ^
a ^
P. 0. B. POINT OF BEGINNING
P. B. PLAT HOOK
Q I
NH.
PG. PAGE
C. R. BROWARD COUNTY RECORDS
p
CENTERLINE
Z
P. O. C. PDINT OF COMMENCEMENT
98.35' 100.00'
— -----N885906"W---- -----
200.03- (TOTAL)
NORTH R/W LINE OF 1.68'
N.W. 56th STREET/
WEST COMMERCIAL�BLVD. jL
�so1
11NE SECTION e--49-41
N. W. 56 th S TREE
(WEST COMMERCIAL EL VDj
THIS IS NOT A SKETCH OF SURVEY (R/W WIDTH VARIE-S)
SHEET 2 OF 2
REVISIONS
DATE
BY
CKD
FB/PG
JOB N0:
AVID
A PORTION OFLOTS
_ so*
99-224L-BANK
OCr
CAD. FILE:
C: \TFOG\99-224
2 3 4 AND S BLOCK 9
>>>N/A
ERCHAR, INC.
L YONS COMMERCIAL
EFB/PG:
DATE:
SURVEYORS AND MAPPERS
SUBDIVISIONNO.2T.D.
10/6/00
4301 Oak Circle, Suite 1
PROJ. FILE:
(PLATB0OK 69, PAGE43, B.0 J?-
Boca Raton, Florida 33431
D.M.G.
99-224
(561) 417-6173 • Fax: (561) 417-9619
SKETCHAND DESCRIPTION
Fog Development Inc.
LEGAL DESCRIPTION'
A PORTION OF LOTS 4, 5, 6 AND 7, BLOCK 9, L YONS COMMERCIAL SUBDIVISION 2
ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLAT BOOK 69, PAGE 43, OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING FULLY DESCRIBED AS FOLLOWS.-
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6, THENCE SOUTH 8859 06" EAST, A
DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 5,• THENCE CONTINUE
SOUTH 8859'06" EAST, A DISTANCE OF 96.32 FEET, THE LAST TWO CALLS BEING
COINCIDENT WITH THE SOUTH RIGHT—OF—WAY LINE OF N.W. 57th STREET; THENCE SOUTH
0001'37" EAST, A DISTANCE OF 202.55 FEET TO THE EAST LINE OF SAID LOT 5; THENCE
CONTINUE SOUTH -00 01'37" EAST, A DISTANCE OF 90.46 FEET TO THE NORTH
RIGHT —OF —WA Y LINE OF N. W. 56th STREET (WEST COMMERCIAL BOULEVARD); THENCE NORTH
8859 06" WEST A DISTANCE OF 1.64 FEET TO THE EAST LINE OF SAID LOT 5; THENCE
CONTINUE NORTH 8859'06" WEST A DISTANCE OF 100.00 FEET TO THE WEST LINE OF SAID
LOT 5; 77-IENCE CONTINUE NORTH 8859106" WEST, A DI57ANCE OF 98.39 FEET, THE LAST
THREE CALLS BEING COINCIDENT WITH THE NOR77-1 RIGHT OF —WAY LINE OF At 56th STREET
(WEST COMMERCIAL BOULEVARD); THENCE NORTH 0001'37" WEST, A DISTANCE OF 88.64
FEET TO THE WEST LINE OF SAID LOT 6; THENCE CON71NUE NORTH 00 01'37" WEST, A
DISTANCE OF 204.37 FEET TO THE SOUTH RIGHT —OF— WAY LINE OF N.W. 57th STREET
THENCE SOUTH 885906" EAST, A DISTANCE OF 3.71 FEET TO THE POINT OF BEGINNING.
SAID LANDS S177JA TE, L Y/NG AND BEING /N BROWARD COUNTY, FLORIDA.
SAID LANDS CONTAIN 58, 601.8 SQUARE FEET (I.35 ACRES) MORE OR LESS.
NOTES:
1) THIS IS NOT A SKETCH OF SURVEY
2) Bearings shown hereon are based on the North line of Lott (P.B. 69, PG. 43, B.C.R.)
South 88'59'06" East.
3) This Sketch and Description consists of two sheets and is not complete without both sheets.
4) This Sketch and Description is not valid without the signature and original raised seal of a
Florida Licensed Surveyor and Mapper.
5) The undersigned and David & Gerchar, Inc., make no representations or guarantees as to
the information. reflected hereon pertaining to easements, rights —of —way, setback lines,
agreements and other matters, and further, this instrument is not intended to reflect or
set forth all such matters. Such information should be obtained and confirmed by others
through appropriate title verification, lands shown hereon were not abstracted for
rights--of--way and/or easements of record. SHEET 1 OF Z
REVISIONS DATE BY CKD FB/PG A POR TION OF L 0 TS
4, S, 6AND 7, BLOCK 9
L YONS COMMERCIAL
SUBDIVISIONNO.2
(FLAT BOOK 69, PAGE 43, B. C.R)
SCALE: JOB N0: A
VID
pw
1" BO' 99-224L—WENDYS -2OG.
FB/PG: CAD. FILE:
N/A c:\TDWGS\99-224RCHAR., LNc.
DRAWN BY: DATE: SURVEYORS AND' MAPPERS
DEAN M. GERCHAR FOR THE FIRM T.D. 9/8/00
PROFESSIONAL SURVEYOR AND MAPPER 4301 Oak Circle, Suite 1
FLORIDA REGISTRATION N0. 5829 CKD. BY: PROD. FILE: Boca Raton, Florida 33431
DAVID & GERCHAR, INC. LB(%6935 D.M.G. 99-224 (561) 417-6173 - Fax: (561) 417-9619
(PLATBOOK69, PAGE 43, B.C.R.)
PROJ. FILE:
99-224
Boca Raton, Florida 33431
(561) 417-6173 • Fax: (561) 417-9619
i
SK E TCH A ND DESCRIPTION
Fog Development Inc.
N. W. 57th STREET
P.O. B.
(105' R/W)
��_
NOLi'iNWEST CORNER OF
LOT 8, LYONS COMMERCIAL SOUTH R/W LINE OF
Pq SUBawslON UNIT N0, 2 N.W. 57th STREET
196.28• (TOTAL)
N 8839 06" W
100.00' 96.28'
LOT 9
r
NORTH R/W LINE OF —/ w
N.W. 56th STREET/
(WEST COMMERCIAL BLVD.)
01
A
0
5
NORTHWEST CORNER
OF LOT 7 I
N(
NI
w
m
ao I
z
gLOCK 19
MEFZcIAOL 2
()Ns GotNiT N �.R•)
SUBpj�iS1 P4 q.31 6' -
(p.6 69' LOT
LOT 8
W
00
I d~
I n.
rW
�-j
I �-j
---r 1aw e1.13a su-&qx Uw
J
INS
LOT 6
� v m
t �
3
'
1 El EN)Z
P. 0. B.
POINT OF BEGINNING
^)
P. B.
PLAT BOOK
^�
N
PG.
PAGE
B. C. R.
BROVAR➢ COUNTY RECORDS
Q
CENTERLINE
C
100.00' 100.00' I
--S885906"E----- ---- — —
201.61' (TOTAL)
1.61'
`-SpUhi LINE SECTION B-49-41 t
N. W. 56 th S TREE T
(WEST COMMERCIA L BL VD. )
THIS IS NOT A SKETCH OF SURVEY (RIW WIDTH VARIES)
REVISIONS DATE
LOT 8 TOGETHER WITH
A PORTION OFLOTS
6AND 7, BLOCK 9
L YONS COMMERCIAL
SUBDIVISIONNO.2
(PLATBOOK69, PAGE43, B.C.R.)
SCALE:
JOB NO:
1" 80'
99-224L-TB
FB/PG:
CAD. FILE:
N/A
C:\TFOG\99-224
DRAWN BY:
DATE:
T.D.
10/6/00
CKD. BY:
LJ. FILE:
D.M.G.
ss—zza
SHEET 2 OF 2
BY I CKD I FB/PG
P-Ir AVID &
ERCHAR, nvc.
SURVEYORS AND MAPPERS
4301 Oak Circle, Suite 1
Boca Raton, Florida 33431
(561) 417-6173 • Fax: (561) 417-9619