HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-132Temp. Reso. #9384
April 27, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-132
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 WESTPOINT BUILDING NO. 1, L.L.C.,
FOR THE CONVERGYS PROJECT, LOCATED AT 5601
HIATUS ROAD, 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, Westpoint Building No. 1, L.L.C., the Developer of the Convergys
Project located at 5601 Hiatus Road (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
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Temp. Reso. #9384
April 27, 2001 2
WHEREAS, Westpoint Building No. 1, L.L.C., has offered a Blanket Public
Safety Ingress/Egress Easement to the City of Tamarac for the Convergys Project; and
WHEREAS, it is the recommendation of the Director of Utilities that the Blanket
Public Safety Ingress/Egress Easement with Westpoint Building No. 1, L.L.C., be
approved and executed for the Convergys 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 Westpoint Building No.
1, L.L.C., for the Convergys 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 Westpoint Building No. 1, L.L.C., for the
Convergys Project located at 5601 Hiatus Road.
SECTION 3: The City Clerk is hereby authorized and directed to record
said document in the public records of Broward County.
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Temp. Reso. #9384
April 27, 2001 3
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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 23ra day of May, 2001.
ATTEST:
MARION ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
approved this
ES LU`TIOW as to form.
MITCHELL S
CITY ATTO
RG/DTM/mg
NEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER 'x,t(
DIST 1: COMM. PORTNER r c
DIST 2: COMM. MISHKIN I
DIST 3: V/M SULTANOF Ldlit
DIST 4: COMM. ROBERTS (Au,
EXHIBIT l
TEMP. RESO. # 9 3 s 4
MCNAB ROAD
TEE
PLAT J & J PLAT TAMARAC
MARKET
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CONVERGYS OFFICE BUILDING
BLANKET PUBLIC SAFETY INGRESS / EGRESS
Exhibit 2
Return to: (enclose self-addressed stamped envelope)
Name: John L. Shiekman, Esq.
Address:
Ruden, McClosky, Smith,
Schuster & Russell, P.A.
200 East Broward Boulevard
Suite 1500
Fort Lauderdale, Florida 33301
This Instrument Prepared by:
John L. Shiekman, Esq.
Ruden, McClosky, Smith,
Schuster & Russell, P.A.
200 East Broward Boulevard
Suite 1500
Fort Lauderdale, Florida 33301
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
PROJECT: CONVERGYS
day of
TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
2000, by WESTPOINT BUILDING NO. 1, L.L.C., a Delaware limited
liability company, having an address of 200 est Madison, 37th Floor, Chicago, Illinois, 60606
(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 upon the terms and conditions set forth herein.
1
FTL:720592:2
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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 Blanket Ingress and Egress
Easement to Grantee for the specific purpose of access by Grantee, for Grantee to provide
municipal services to the Property such as services to existing utilities, maintenance to existing
canals, fire protection, police protection, emergency and other public safety services.
It is acknowledged that Grantor, or its successors, intends to construct Buildings and
other improvements upon the Property, and nothing contained herein shall be deemed to prohibit
or restrict Grantor or its successors from constructing any buildings or improvements upon the
Property, subject to the requirements of Grantee or any other controlling governmental authority,
and upon the construction of any buildings and improvements upon the 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 Property.
This easement shall not be released or altered without consent of the Grantee.
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F rL:720592:2
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal on the day and year
first above written.
Witness
Type Name Marsha Peterson -Maass
Witness
Type Name Carla Randles
STATE OF FEORM-A )
) SS
COUNTY OF C)
WESTPOINT BUILDING NO. 1, L.L.C., a
Delaware limited liability company
V. e
Type Name/Titl «, S
Timothy J. McEnery
Type Name/Title Member
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
,the of WESTPOINT BUILDING NO. 1, L.L.C., a Delaware
limited liability compa , to me known to be the person(s) described in and who executed the
foregoing instrument and he/she acknowledged before me and under oath that he/she
executed the same.
WITNESS my hand and official seal this ?{� day of 2000.
M Personally known to me, or
( ) Produced Identification
) DID take and oath, or (
NOTARY PUBLIC, State of Ftnri& at
Lar L 1
ARLENE C PAYNE
rARY PUBLIC STATE aF ILLINOIS
(Name; -VT' Notary u lic: FrmL, OLUMP, or
type as Commissioned)
Type of I.D. Produced
) DID NOT take an oath.
3
FTL:720592:2
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year indicated below:
-ATTEST:
By'2�1 - U - 1, . - , -
Marion Swens , Cf"C
City Clerk
STATE OF FLORIDA )
) SS
COUNTY OF B001-dAreD)
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe S eiber
Mayor
Date:-
,.Teffrey L. ler
City Manager
Date: /I / 5 2 9- O 1
MitCl4 I S. Kraft,
City 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 JOC ScWc7e1&21
J����L _ Mbar? 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 -2 9 day of
h� UA J_ W,
DAWN M. LESNIAie^%Aj KI NOTARY PUBLI State of Florida at
COMMISSION CC962191
erArr� EXPIRES ALIG 20 2004
PLM�M BONDED THROUGH
ADN'1NTAGE NOTARYrE
(Personally known to me, or
( ) Produced Identification
Large
�41), M. 1�1snlQ.�1o1'jSkl
(Name of Notary Public: Print, Stamp, or
type as Commissioned)
Type of I.D. Produced
DID take and oath, or DID NOT take an oath.
4
FTI:720592:2
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
do hereby affirm that I am the
mew ,, of 1,� ��� PxI l L11 Qb. I LL-c- and that I have executed a Blanket
Public Safety Ingress/Egress Easement with the City of Tamarac for the Convergys project and
that WESTPOINT BUILDING NO. 1, L.L.C. is the owner of the property covered by said
Blanket Public Safety Ingress/Egress Easement.
There are no mortgages held on the property, which is the subject of said Blanket Public
Safety Ingress/Egress Easement.
FURTHER AFFIANT SAYETH NOT.
(i ature)
This Z.z -%` day of r�� �,'�,�� , 2000
STATE OF, A )
SS
COUNTY OF _ )
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 / rrNa
to me known to be the person(s) described in and who executed the foregoing
instrument and he/she acknowledged before me and under oath that he/she executed the same.
WITNESS my hand and official seal this J 7't day of _ 2000.
NOTARY PUBLIC, State ofa at
Lai go CIAE SEAL
pMXNE C PAYNE
NOTARY PUBLIC STATE OF AIJ NM
(N o ary u ic: rin , tamp, or
type as Commissioned)
( �rsonally known to me, or
( ) Produced Identification
Type of I.D. Produced
DID take and oath, or ( ) DID NOT take an oath.
FTL:720592:2
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Legal Description: (Convergys Site)
A Parcel of Land being a portion of TRACT B and all of TRACT C, WESTPOINT
SECTION 7 PLAT, according to the Plat thereof recorded in Plat Book 162, Page
23, of the Public Records of Broward County, Florida, said parcel being more
particularly described as follows:
Commence at the Southeast Corner of the Southeast One -Quarter (SE 1/4) of
Section 7, Township 49 South, Range 41 East, as shown on said Plat;
Thence 5.89006'50"W., along the South line of the said Southeast One -Quarter (SE
1/4), a distance of 1094.63 feet, to a point of intersection with the centerline
of Hiatus Road as shown on said Plat;
Thence N.01007'32"W., along said centerline a distance of 401.53 feet, to a
point on the arc of a tangent curve concave to the West;
Thence Northerly and Northwesterly along the arc of said curve to the left,
having: a radius of 1800,00 feet, a central angle of 05°38'03", for an arc
distance of 177.00 feet, to a point on a non -tangent line;
Thence West, a distance of 62.87 feet, to a point on the West right-of-way line
of said Hiatus Road, said point also being the Point of Beginning;
Thence continue West, a distance of 1049.07 feet;
Thence 5.00°44'46"E., a distance of 523.40 feet to a point on the South line of
said TRACT C and the Northerly right of way line of Commercial Boulevard as
shown on said plat;
Thence
N.89006'50"E., a
distance
of 217.00 feet;
Thence
5.840 02'36"E., a
distance
of 100.72 feet;
Thence
N.89006'50"E., a
distance
of 699.81 feet;
Thence N.43°59'39"E_, a distance of 49.59 feet. The previous four courses being
coincident with the south line of said TRACT C and the Northerly right of way
line of Commercial Boulevard. The next five courses being coincident with the
West right of way line for Hiatus Road and the Easterly line for said TRACT C;
Thence N.01°07'32"W., a distance of 199.56 feet;
Thence 5.88052'28"W., a distance of 12.00 feet;
Thence N.01007'32"E., a distance of 106.53 feet to a point of curvature of a
tangent curve concave to the West;
Thence Northerly along arc of said curve, to the left, having a radius of
1716.00 feet, a central angle of 03°31'18", for an arc distance of 105.47 feet
to a point on a non -tangent line;
Thence N,II°04'37"W., a distance of 74.22 feet to the Point of Beginning
Said land situate within the City of Tamarac, Broward County, Florida,
containing 12.550 acres (546,757 square feet), more or less.
EXHIBIT "A"
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