HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-154Temp. Reso. #9407
May 23, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-154
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 FAZIO HOLDINGS, L.P., FOR THE
SONNY'S ENTERPRISES PROJECT, LOCATED AT 5605
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
WHEREAS, Fazio Holdings, L.P., the Developer of the Sonny's Enterprises
Project located at 5605 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
1
Temp. Reso. #9407
May 23, 2001 2
WHEREAS, Fazio Holdings, L.P., has offered a Blanket Public Safety
Ingress/Egress Easement to the City of Tamarac for the Sonny's Enterprises Project;
and
WHEREAS, it is the recommendation of the Director of Utilities that the Blanket
Public Safety Ingress/Egress Easement with Fazio Holdings, L.P., be approved and
executed for the Sonny's Enterprises 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 Fazio Holdings, L.P., for
the Sonny's Enterprises 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 Fazio Holdings, L.P., for the Sonny's Enterprises
Project, located at 5605 Hiatus Road.
SECTION 3: The City Clerk is hereby authorized and directed to record
said agreement in the public records of Broward County.
Temp. Reso. #9407
May 23, 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 `h day of une, 2001.
JOE SCHREIBER
MAYOR
ATTEST:
MARION SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.;
"MITCHELL S. K
CITY ATTOW
TR/DTM/db
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER CA
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN_
DIST 3: VIM SULTANOF_
DIST 4: COMM. ROBERTS
TEMP. RESO. # 9407
EXHIBIT 1
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LAND SEC.
7
PUBLIC
SERVICES
COMPLEX
S❑NNY'S_ENT.DWG
SONNY'S ENTERPRISES
BLANKET PUBLIC SAFETY INGRESS/EGRESS
Exhibit 2
TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
PROJECT: gnnnxr I s Enter= r; yes _.
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
day of , 20-CL, by Fazio Holdings, L.P: , a Florida Limited
Partnership
having an address of 1400 S.W. 33rd Place, Ft. Lauderdale, F1 33315
(the "Grantor"), and the City of Tamarac, a Florida municipal corporation
having an address at 7525 Northwest 88t" 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", 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
Blanket 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.
981208 1 Blanket Public Safety Ingress/Egress Easement
It is acknowledged that Grantor, or its successors, intends to construct an office and
warehouse facility and other improvements upon the above -described 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 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.
981206 2 Blanket Public Safety Ingress/Egress Easement
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
(Corporate Seal)
STATE OF FLORIDA
:SS
COUNTY OF BROWARD
(GRANTOR)
FAZIO HOLDINGS, L.P., a Florida limited
partnership
By: FAZIO OPERATING SYS S, LLC,
a Florida li ab' ' c Pany
By:
Name: aul Fazio
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 Paul Fazio as sole member of Fazio Operating Systems, LLC, a Florida limited
liability company as general partner of Fazio Holdings, L.P., a Florida limited partnership
to me known to be the person described in and who executed the foregoing instrument
and he acknowledged before me and under oath that he executed same.
WITNESS my hand and official seal this day of August, 2000.
NOTA Y P , State of Florida, at Large
DOCO 274660 V0*1 040SU-0001
(Name of Notary Public: Print, Stamp or type as
Commissioned)
Philip E. ?. Commis is n # B 792747
a Expires NOY 23, 20o2
ATLANTIC BONDING OQ. IC.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
By: L `L4
Marion Swenson, CIVIC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:Q4�_C,
/ ,�
Joe 4§8hreiber
Mayor
Date: dWv
27,
By.
/'J
Jeffrey L./Villef
r City Manager
2%, 2
Date:x. C��
ADbrov6dlas W fo
By:
Mitchbli 9. Kraft,
: SS `"City Attorney
COUNTY OF &0-[Uh
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
for said and in the County aforesaid to take acknowledgments, personally appeared
JI) Ui, to me known to be the person(s) described in and
who executed the fore oing instrument and fir 0.. acknowledged before me and
under oath that qh.t,
U executed the same.
WITNESS my hand and official seal this day of
20 0)
✓� Personally known to me, or
Produced identification
NOTARY 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 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.
M.
By:
Type Name
(Corporate Seal)
STATE OF FLORIDA :
S5
COUNTY OFiLZ�—�
MORTGAG► E
Type Name 'R a C. LC_
Lac
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State afo aid and i the unW of resaid to take acknowledgments, personally
appeared Zf to me known be the person(s)
described in and who executed the fo going instrument and `acknowledged
before me and under oath that executed the same.
WITNESS my hand and official seal this day of a4z�-Sd� .
1►� BR�ENDA J. MCCORMACK
r0 COMMISSION IIICC615904
EXPIRES FES 23, 2001S BONTHROUGH
�I, ATLANTIC BONDING CO. INC.
,�
(X) Personally known to me, or
( ) Produced Identification
981208
"NOTARY ZPU C, Mate of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
A
Type of I.D. Produced
DID take can oath, or ( ) DID NOT take an oath.
rJ 6lanket P011c Safety Ingress/Egress Easement
Exhibit "A"
STONER & ASSOCIATES, Inc.
1372 North University Drive SURVEYORS - PLANNERS Tel. (305) 370-1880
Plantation, Florida 33322 to. "33 Fax (305) 370--1883
LEGAL DESCRIPTION OF:
SONNY'S ENTERPRISES
CITY OF TAMARAC, RROWARD COUNTY, FLORIDA
LEGAL DESCRIPTION:
A Poracl of Land bcing a portion of TRACT 13, WEST POINT SECTION 7 PLAT, according to tho 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 S.89'06'50"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 cis shown on said Plat:
Thence
N.01'07'32"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 N.00'44'46'"W., a distance of 339.95 feet;
Thence East, a distance of 974.74 feet, to a point on the West right—of—way line of Hiatus Road as
the
shown on said Plot, said point also being a point on the arc or a non —tangent
curve concave to
Northeast, said curve having a chord bearing of S.16'39'22"E.;
Thence Southeasterly along the arc of said curve to the left, having: a radius of
3065.00 feet, a
central angle of 00'49'44- for an arc distance of 44.34 feet, to a point of reverse curvature of a
tangent curve concave to the Southwest;
Thence Southeasterly along the arc of said curve to the right, having: a radius of 1735.00 feet, a
central angle of 06'11'l0", for an arc distance of 187.32 feet, to a point on a
line radial to the last
described curve:
Thence N.79'06'56"E., along said radial line a distance of 12.00 feet, to o point
on the arc of a
S.09'24'20"E.;
non —tangent curve concave to the Southwest, said curve having a chord bearing
of
Thence Southeasterly along the arc of said curve to the right, having: a radius
of 1747.00 feet, a
central angle of 02'57'28", for an arc distance of 90.18 feet, to a point on a
non —tangent line;
Thence S.11'04'37"`N., a distance of 29,61 feet (the previous five courses being
coincident with the
West right—of—way line of Hiatus Road as shown on said Plot), to -the Point of
Beginning;
Sold land situate within the City of Tamarac, Broward County, Florido, containing
7.959 ocres (346.700
square feet), more or less-
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