The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-2001-238Temp. Reso. #9392 May 8, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-238 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 5607 HIATUS ROAD BUILDING, L.L.C., FOR THE WESTPOINT DISTRIBUTION CENTRE I PROJECT, LOCATED AT 5607 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, 5607 Hiatus Road Building, L.L.C., the Developer of the Westpoint Distribution Centre I Project located at 5607 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. #9392 May 8, 2001 2 WHEREAS, 5607 Hiatus Road Building, L.L.C., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Westpoint Distribution Centre I Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with 5607 Hiatus Road Building, L.L.C., be approved and executed for the Westpoint Distribution Centre I 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 5607 Hiatus Road Building, L.L.C., for the Westpoint Distribution Centre I 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 Hiatus Road Building, L.L.C., for the Westpoint Distribution Centre I Project, located at 5607 Hiatus Road. SECTION 3: The City Clerk is hereby authorized and directed to record Temp. Reso. #9392 May 8, 2001 3 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. 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 12' day of September, 2001. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY have approved this WSOLDTION as to f WITCHELL VRAF (/ CITY ATTORNEY RG/D7M/db JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ayer DIST 1: COMM. PORTNER_Ayg _ DIST 2: COMM. MISHKIN Alves DIST 3: V/M SULTANOF A -ye, DIST 4: COMM. ROBERTS Al Pi EXHIBIT 1 TEMP. RESO. # 9392 WING DR. MCNAB ROAD TEE PLAT J & J PLAT TAMARAC MARKET ....................... ....................... PLACE ............................................................ ZEPHYRHILLS LOVESHAW I.T.W. MIMA 67 ST ARCH MEDIA ❑ALUMINUM ONE z CULLIGAN CULL,( LAND SEC, 7 .......... ................ ....................... PUBLIC cv SERVICES p COMPLEX -i hi PQ SITE LOCATION C3 LA— > to --------------- COMWRCIAL BLVD, SUNRISE WESTPOINT—DIST—CEN1,11WEi WESTPOINT DISTRIBUTION CENTRE I IRTANT(FT PTTTIT.,Tr SAFFTY INGRESS/EGRESS EASEMENT ExbiEit 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 Pnr+ T mirlarrlala Flnrirla TVA01 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: WESTPOINT DISTRIBUTION CENTRE I This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this 12 --��a day of & )�j I'll lake-? 2000, by 5607 HIATUS ROAD BUILDING, L.L.C., a Delaware limited liability company, having an address of 200 West 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•719423:3 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. PA FTL:719423:3 IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal on the day and year first above written. L Witness �QQ ype Name r C�7 lq. itness Type Nam I STATE OF ) SS COUNTY OF G ooK ) 5607 HIATUS ROAD BUILDING, L.L.C., a Delaware limited liability company By. W� Typ ame/Title John Kevin Poorman VP / If, �/ /Z- - � Type Name/Title Robbin Cohen, VP 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 s A, V ev �tRo,*, or the U;c� Cis _ of 5607 HIATUS ROAD BUILDING, L.L.C., a Delaware limited liability company, 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 Q, '5 day of Q.I.IeWo e f 2000. "OFFICIAL SE A L " NOTARY PUBLIC, State of at ROSEMARIE A RODRIGUE� Large knots NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 12/9/2000 (Name of Notary Public: Print, Stamp, or type as Commissioned) ( Personally known to me, or ( ) Produced Identification Type of I.D. Produced ) DID take and oath, or ( ) DID NOT take an oath. FTL:719423:3 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion Swenson, WC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe S hreiber May r Date: C'� By: 4. /-7[�t�-�t•t Jeffrey CIA iller City Manager ndo-1 , (l-') -Cl $ .. CII.,nv . By: Mitch II S. Kraft, SS City Attorney V COUNTY OF`'�1-%cc A� I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State �foresaid and in the County aforesaid to take acknowledgments, personally appeared G`C. •_` ti'r��:� %'1l i'c �/ �- /1l/jZc), to me known to be the person(s) described in and who executed the foregoing instrument and _-77)c V acknowledged before me and under oath that 74L executed the same. WITNESS my hand and official seal this 14 day oft===►'- 20 (A ��u�ua+♦♦aa rya•+a• � Personally known to - . Produced identification NOTARY PUBLIC, tate of Florida at Large Ali (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 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, e.V � �� ; mc� r� do hereby affirm that I am the ;c.2 of kA ' 3 c , <� .� !wand that I have executed a Blanket Public Safety Ingress/Egress Easement with the City o Tamarac for the Westpoint Distribution Centre I project and that 5607 Hiatus Road Building, 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. UA." htl� (Signature) This cW4" day of _f�oJ� web r , 2000 STATE OFF ) ) SS COUNTY OF CaO'A ) 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 `Tv t'y-. T cpr man 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 h day of No b� 2000. "OFFICIAL SEAL" ROSEMARIE A RODRIGUE=Z NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 12/9/2000 Personally known to me, or ( ) Produced Identification ) DID take and oath, or ( FTL:719423:3 NOTARY PUBLIC, State o*-_T_1 Large Ns -Rose ' ci v: 2 A C Z (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced DID NOT take an oath. 5 CERTIFICATE OF SECRETARY The undersigned, being the Secretary of 5607 HIATUS ROAD BUILDING, L.L.C., a Delaware limited liability company ("Company") hereby certifies that the following officer of the Company is authorized to execute any and all documents conveying real and personal property in connection with the project being developed by the Company within the Westpointe Center in Tamarac, Florida, to -wit: John Kevin Poorman - Vice President IN WITNESS WHEREOF, the undersigned Secretary of the Company has executed this Certificate on this • dC)4- day of 12001. Signature: Printed Nan6o JUD /rio rL Title: SecreVary STATE OF 1I rlhn _ 'l ) SS: COUNTY OF C (WOK ) 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, the foregoing instrument was acknowledged before me by i ha 6,y rna n, Secretary of 5607 HIATUS ROAD BUILDING, L.L.C., a Delaware limited liability company, who is personally known to me ®r- WITNESS my hand and official seal i e County and State last aforesaid this -QD-A- day ' of , 2001. �r:hiGiAL SEAL f 1ANNE M. CHIAPPETTI Notary Public '(�l I qRY PUBLIC, STATE OF ILLINOIS q UM^• 5•SION EXPIRES 3-2.2004 ""Nome, �LCk 2 Typed, printed or stamped name of Notary Public My Commission Expires: 3_0_6 FTl .70CPOr.t Exhibit A I of 2) Legal Description: (Westpoint Distribution Centre 1) A Parcel of Land being a portion of TRACT B, WESTPOINT SECTION 7 PLAT, according to the Plat thereof recorded in Plot 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-Ouarter (SE 1/4) of Section 7, Township 49 South, Range 41 East, as shown on said Plat; Thence S.893/6406'50"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,01107'32"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 15156'42", for an arc distance of 500.93 feet, to a point of reverse curvature of a tangent curve concave to the East; Thence Northwesterly along the arc of said curve to the right, having: a radius of 3000.00 feet, a central angle of 00°28'01", for an arc distance of 24.45 feet to a point on a non -tangent line; Thence West, a distance of 67,76 feet, to ❑ paint 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 974.74 feet; Thence N.00°44'46"W., ❑ distance of 256.47 feet, to a point on the arc of a tangent curve concave to the Southeast; Thence Northerly, Northeasterly and Easterly, along the arc of said curve to the right, having: a radius of 50.00 feet, a central angle of 87°43'14", for an arc distance of 76.55 feet, to a point of tangency; Thence N.86°58'28"E.; along a line tangent to the last described curve, a distance of 380.72 feet, to a point on the arc of a tangent curve concave to the North; Thence Easterly and Northeasterly, along the arc of said curve to the left, having: a radius of 1000.00 feet, a central angle of 17°15'15", for an arc distance of 301.14 feet, 10 a point of reverse curvature of a tangent curve concave to the Southeast; Thence Northeasterly and Easterly, along the arc of said curve to the right, having: a radius of 1000.00 feet, a central angle of 9145'11", for an arc distance of 170.22 feet, to a point on the West right-of-way line of Hiatus Road as shown on said Plat, said point also being a point on the arc of a non -tangent curve concave to the Northeast, said curve having a chord bearing of S.08°02'24"E.; Thence Southeasterly along the arc of said curve to the Iefi, having: a radius of 3065.00 feet, o centrol angle of 00109'45" for an arc distance of 8.69 feet, to a point on a line radial to the last described curve; Thence N.81°52'44"E., along said radial line a distance of 12.00 feet, to a point on the arc of a non -tangent curve concave to the Northeast, said curve having a chord bearing of S.10027'51"E.; Thence Southeasterly along the arc of said curve to the left, having: a radius of 3053.00 feet, a central angle of 04141'10", for an arc distance of 249.70 feet, to a point on a non -tangent line; Thence S.06°54'59"E., a distance of 100.91 feet, to a point on the arc of a non - tangent curve concave to the Northeast, said curve having a chord bearing of S.15°27'47"E.; Thence Southeasterly along the arc of said curve to the left, having: a radius of 3065.00 feet, a central angle of 01033'28", for an arc distance of 83.33 feet, to a point on a non -tangent line, (the previous five courses being coincident with the West right-of-way line of Hiatus Road as shown on said Plat), to the Point of Beginning; Said land situate within the City of Tamarac, Broward County, Florida, containing 7.482 acres (325,896 square feet), more or less. EXHIBIT "A" Exhibit A (2 of 2) �,d �!I j,�(�f'�}f `►(t R�6 {f 9 �f =�f ��f tf �Is �� ?i � ed .�lpi �• � !sf� tb� f}¢ 1q� i e� ,� �If� �� ra" tr q�+t c.,i� p �� 5&E �I FNS iL}" �F ;e [j r r jj I;� �iP pp jar Ij f it E{'r :, ijt �e�fr of �i ij�Ef �if eft 1(Iv di�C 11 ��•pi! II r ajP .i 4►,�rtl �� ygF Llj F �6& F � P YI�F�t Jill �IF FF {`, i 6 , ipZI1�IFNrr+=jl�[}� j i �Ci;j�l[�I,j(i•�ilCif;iS'r��'i ifil},�f�t�,��`�F�, E{ j j 1tt t F p ar 6 im ""L—..A aGrrsQ"a"F, �a'c f7� N@NNNiiNni=3"sNNN"� � lql d��{Eit}}}{� 51 yFit ��- al a .• "°'""1P""• auw: n�" 9OUNOARY $ TOPOGRAPHIC SURVEY OF, pm,Y �)i Sr'OAM A Aa600M MS, N0' rr•Aaw °A� "•�°° ' 8 m ° 1 Q 19, HIGGINS DEVELOPMENT inc. a O y ■ :' 3' lwM1C C *FTAMAMC,11NYWMIfl WAJ1M,,L0Mt � IM N. YN RW MVF PLANTAr R A MM