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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 I I WING DR. r 0 z MCNAB ROAD TEE PLAT J & J PLAT TAMARAC MARKET PLACE a a / ZEPHYRHILLS L❑VESHAW I.T.W. MIMA f r a = 67 ST W W MONEA ARCH ALUMINUM W W CULLIGAN W w W W ¢W cl vW f�':.•_--::.-r.-rrrr=rr.:-r.•.:•:.•: r: --.:: _'_::._ -.:-_-"=--= -=--=--- - ---- ----•..- :�r...•:-..-.:.-•..••..-:..-: _ rt:::-�-:-�%i��i%1��%%�i��i%%�i1�� 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- SHEET1 OF 1