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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-258Temp. Reso. #9509 August 30, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-258 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 ELIAS PROPERTIES TAMARAC, L.L.C., FOR THE WALGREEN'S PROJECT, LOCATED ON THE NORTHWEST CORNER OF COMMERCIAL BOULEVARD AND PINE ISLAND 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, Elias Properties Tamarac, L.L.C., is the Developer of the Walgreen's Project located on the northwest corner of Commercial Boulevard and Pine Island 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 Temp. Reso. #9509 August 30, 2001 2 WHEREAS, Elias Properties Tamarac, L.L.C., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Walgreen's Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Pudic Safety Ingress/Egress Easement with Elias Properties Tamarac, L.L.C., be approved and executed for the Walgreen's 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 Elias Properties Tamarac, L.L.C., for the Walgreen's 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 Elias Properties Tamarac, L.L.C., for the Walgreen's Project, located on the northwest corner of Commercial Boulevard and Pine Island Road. SECTION 3: The City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. SECTION 4: All resolutions or parts of resolutions in conflict herewith are 1 1 1 1 1 Temp. Reso. #9509 August 30, 2001 3 hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Replution 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 261" day of September, 2001. ATTEST:- MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KRAFW CITY ATTORNEY TR/dm/db JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Aye/ DIST 1: COMM. PORTNER A & DIST 2: COMM. MISHKIN A v DIST 3: V/M SULTANOF A-y& DIST 4: COMM. ROBERTS A er EXHIBIT 1 TEMP. RESO. # "9509 zo cy)os MCNAB ROAD MCNAB ROAD W / BLv• 'i LIME LIME BAY BAY �%% THE GREENS �P j SE II ©F TAMARAC W W �w SEC. I COL. O W, "• W W W %/�/•/ //j,/. `7 W y Y/ W W CLUB U B HOUSE •\�\\ \\�\ 67 sT Z/ W T OD 2 F� %�/ ' %jib% L W W y ; W C RAL L MrS W W W W W fly Nr %�// Cj d1Z W Cb W w V LLAS W W W W �/ 6• W W ��� W / 3 w W W y W N\ POAGQS °9 �P 9R, $PN9$ WW W W W W W WEDGES Op PI 3 �W W .7� %/ WA y W W •Y W y y W WEDGEWOOD LN W W W W W W W63 W W % I•.T. W W W oW W W BOARDWALK APTS. v SANTA ROSA2! 61 ST 34 j ¢ 61 ST a PARADISE CT 61 ST PATIO HOMES 6 T5 ch Q m m ¢ I ¢ PAR. DR CY B❑ARDWALK APTS, E 60 ST m� r! 60 ST II mw a �' q %/' 9 PL. w P R, % 5 ci STANLEY LN. %/// / / ' '/ ' % % / ' % ' % ' % / m L I 59 Pit j LANDINGS [IN PARADISE j' W Q j 59 CT >- u % CYPRESS ESTATES %� Z J /� m 59 ST ago �HRADSHAW LNM5 � GREENS � � j% E. PLUM HARBOR WY, 59 CT % WATERS /�%/�//// %///�//// /j///jj//r/.%%////�% ����� ���\��• %/%%%� EDGE LYUNS %��� a v PL w %% y INDUSTRIAL %�/ o? 3 �" •% w V.G•C, PARK PARK 3 n n F (VISUAL GRAPHICS) 58 % % 58 ST co M � GRAPHLINE ST /� MARLEN 57 DR w ST❑ROPACK ¢ %/ %//./ %r/./ ,%/• /,/ %/ !/� PARK 57 LN i. CD ¢ THE TAMARAC a ACTIVE n 57 PL g a+ MIAMI JEWISH — SENI❑R CINNAM❑N m HERALD CENTER (isRESIDENCE TREE 8741-8767 57 C z PI A7A ❑FC, BLDG 57 S7 LOCATION WALGRE-C❑MM-PI.DWG WALGREENS BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT Exhibit 2 Wal reens -� 8801 W. Commercial Blvd., Tamarac PROJECT: (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this Elias Properties Tamarac, L.L.C. day of , 20,, by P having an address of 225 Bal Ba Dxive Bat Harbour Florida 33154 (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88 h 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 gc)c,, 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. vat one w . -1 B1�aM PuElfe 8aMy NpnwlE�ra�s Finar�t it is acknowledged that Grantor, or its successors, intends to construct . a drug store 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. pt)12Ge 2 9tankat PuNie safety IeomwEams Eassmer t IN WITNESS WHEREOF, Grantor has he'reunto set his hand and seat on the day and year first above written. (GRAN R) ELIAS PRCPERTIES-'Y'AMATtAC, L.L.C. By: , Type Name P Corporate Secretary (Corporate Seal) By; Type Name _ Lew; s R EL 7 a..G.- Managing Member STATE OF FLORIDA - -- - MIAMI- SS _.. COUNTY OF BADE I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County afordsaid to take acknowledgments, personally appeared Lewis R. Elias 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 day of kAA 20.QL. NO AR L -C.-State of Florida at L rg a ANABEUE EIGUEROA :, MY COMMISSION # CC 900516 EXPIRES: January 6, 2004 Bonded 1hru Nets Podia U r"tars (Name of Notary Print, owrnp, or type as Commissioned) ( v� Personally known to me, or y ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. ~ 9812W 3 Slar" Sa%W Iv*ms.reqrw" Eas m ft i IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year Indicated below: ATTEST: By: Marion Swenson, MC City Clerk ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe reiber Mayor Date: q-27- C)I By: (LP" L `� Jeffrey L. ille City Manager C? / Date: to 1. By: '"OL-1111:Xf, STATE OF FLORIDA Mitc ell S. Kraft, : SS City Attorney COUNTY OF BrOLL r t 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 `) ,-krc, �(-W� cq L. N, j)-c r to me known to be the person(s) described in and who executed the foregoing instrument and -L.4'.eL�W.. acknowledged before me and under oath that 4 j_. �� executed the same. WITNESS my hand and official seal this 2 �' day of 200/ R DAN M. LESNIAKOWSKI OMSSIN G62 19 EXPRES AUG 20 200A 30ov N AAYANTOE NWOYA VU ('�-) 4, l . / P 3 I ) l G3 (Name of Notary Public: Print, Stamp, ( 4Personally known to me, or or Type as Commissioned) ( ) Produced identification - N/A Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath NOTARY PUBLIC, State of Florida at Large 951208 4 Shw*st Pubk Sskq UvrrsalEgress F.Asomont IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: _ MORTGAGEE NORTHERN TRUST BANK OF F TDA, By: la G t By. nn mocrv.k C�vr N.I i�.r�(A Type Name.-%ILwS Type Name w�c President .� b ve,7 (Corporate Seal) STATE OF FLORIDA MIAMI- SS COUNTY OF DADE 1 HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of esaid nd aaforesaid to take acknowledgments, personally 2'L'0421 appeared ti°/o to me known be the person(s) described In and who executed the foregoing instrument and acknowledged before me and under oath that V-� executed the same. WITNESS my hand and official seal,this /—S day of ✓v , 20&/—. MARIAMARTARODRIQUEZ NOTARY PUBLI , $ta Icarlda MY COMMISSION # CC 792692 _• at Large - EXPIRES: December 19, 2DQ2 Rf Bonded ihru Notary Pubk t lnderwdtere ( personally known to me, or ( ) Produced Identification (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. 901208 6 BIWW PubIle safety kwesvEwan Easement ' EXHIBIT "A" SKET'CHAND DE'SC'Rll T.IOI Fog Development Inc. LEGAL DESCRIPTION: A POR770N OF LOTS 1, 2, & 3, BLOCK 9, L YONS COMMERCIAL SUBDIVISION NO. 2 ACCORD/NG TO THE PLA T THEREOF, AS RECORDED IN PLAT BOOK 69, PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE PAR77CULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTT4 8859-'060 EAST, ALONG THE NORTH LINE OF SAID LOT 1, SAID LINE 9E/NG CON77G000S W1T Y THE SOUTH RIGHT —OF— WAY LINE OF NORTHWEST 57th STREET, A DISTANCE OF 146.63 FEE%- THENCE SOUTH 44 3O'21 " EAST, A DISTANCE OF 49.05 FEET TO A POINT ON 7HE WEST RIGHT—OF—WAY UNE OF NORTHWEST 88th AVENUE ALSO KNOWN AS PINE ISLAND ROAD; THENCE SOUTH 00'01'37" EAST, ALONG SAID RIGHT —OF —WA r LINE A DISTANCE OF 223.00 FEET, THENCE SOUTH 4529'39" WEST, A DISTANCE OF 49.95 FEET TO A POINT ON THE NORTH RIGHT -OF WAY LINE OF NOR774KE"ST 56th STREET, ALSO KNOWN AS WEST COMMERCIAL BOULEVARD,- THENCE NORTH 8859106" WEST, ALONG SAID NORTH RIGHT=6F—WAY UNE,A DISTANCE OF 150.68 FEET TO THE POIIIIT OF INTERSECTION W!7H THE WEST LINE OF THE AFORESAID LOT 1, SAID LINE BEING CONTIGUOUS WITH THE EAST LINE OF THE AFORESAID LOT 2,• -THENCE CON77NU-NOR77a 8959'060-{yE"ST, -ALONG SAID - RIGHT OF —WAY UNE, A DISTANCE OF 94Z32 FEET, THENCE NORTH 00171'37' WEST, A DISTANCE OF 92.28 FFET TO 7HE WEST UNE OF SAID LOT 2, THENCE CONTINUE NORTH 000177" H'EST;- A DISTANCE OF 2D0.7.5 FEET TO THE NORTH LINE OF THE AFORESAID LOT 3, SAID UNE BEING CONTIGUOUS W97H THE SOUTH RIGHT OF WAY UNE OF NORTHWEST 57th STREET THENCE SOUTH 8859'06" EAST ALONG SA/D RIGHT= -OF --WAY UNE A DISTANCE OF 3.65 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE CON77NUE SOUTH 88:54 06" EAST, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, 01NG AND BEING IN BROWARD COUNTY, FLORIDA. CONTAINING 82,165 SQUARE FEET MORE OR LESS. NOTES:, 1) TrIIS IS NOT A SKETCH OF SURVEY 2) Bearings shown hereon are based on the North line of Lott (P.B. 69, PC.. 43. B-C.R.) South 99'59'06- East, 3) This Sketch and Description eansists -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 Ucensed Surveyor and Mapper. 5) The undersigned and David & Gerchor, Inc.. make no representations or guarantees os to the information reflected hereon pertaining to casements, rights -of --way, setback lines, agreements and other matters, and further, this instrument is not intended to retleet or set forth oil 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 I of 2 REVISIONS n . �� SUMC at AM �� FWNDA REdSTRA1101 1`061. SM OAMO a• WtCHi INC. lJ!f "M DATE aY CKD I R/PG A ,PORTION OFLOT,S 1, Z AND 3, LYONS COA&IER CLAI SUB MSIONNO Z (PL 4TBODK 69, PAW 43, B.C.R.) SCALE. FB/M-. N/A DRAWN BY: TA. O.F1.a. A-1 JOB N0: 2Z44.-21t AVM & COW. .FUS--,.: Q\ -x24 ERCHAR, iNc QATL- SURMORS AM MAPPERS '/'°IVII 4301 Oak Ch4c. Same 1 PROD.: Ii RL- vh%W 4WXKM Boca itaom Florida 33431 t— •• 9l-224 (561) 417-6173 - Fax (MI) 417-9619 SKETCHAAD DESCRIPTION .Fog 17evelo Me It7c. N. {N.. 57th STREET P aa. �146 • RIW) Nc+47H►rFSi croaNEJ7 NORTH UNE OF LOT 3 LDi T, L)Z7YNS CL4vdIERGAL RTN PROPERTY UNE OF LOT 1 , NORTH UNE OF LOT 2 SUMWSIW UNIT Na 2 SOUTH RIGHT-OF-WAY UNE FP.L EASEMENT HW CORNiFs. LOT OJLB. 28071. PC. OMS. B.C.R.) �, / 100.00• 365• s 88'5s06' E _ s 14 as" y� 5 88*59'06" E I (^ I •os•� I Z100' BILD L SET -BACK UNE (P.& 61, PC. 43, B.C.R.)Ltj I I a zI I a 82,165 SQUARE FEET rA MORE OR LESS hl a Q LOT 3 0 LOT 2 I' s z FOG a 5U00 PC, 19-1 I (P.O. Q I Q INGRFS5/f� M EASEMENT 0) �• (OAM u1e2s, Pc. 071, 6.C.R_) --- - I ggh 9 ..... ` _.... — — 98.3.2' 4..T—.1rr , 150.68• k 9S —N W*59 a SOUTH UNE OF BLOCx g NORTH RIGHT-OF-WAY UNE w I�sauhTuN� s��`z1 � 44 N. W 56th STREET W c oN a-40-:1 (WEST COMMERCIAL RL lV j P�aa� POINT CIF BEGINNING . (R/W W OM VARIES) P. B. PLAT BOOK PG. PAGE — B. C. R. BROYARD COUNTY RECURDS \ CENTERLINE L SOUTH RIGHT -OF -MAY LINE• THIS IS NOT A SKETCH OF SURVEY (P.B_ 160. PG ati 1.".) SHEET 2 OF 2 REVISIONS DATE BY I CKO I FS/PG A PORTION OFLOTS sc 1- - Bo• sae Na "-U4L-2IR AVM & 4 2 AND 3, FB/PG: cw. PILE: L YONS COMMERCIAL "'A C_l`0"`5`•224 ERCH SAR, nvc. UBDIVISIONNO. 2 Dom' IWN�' Tom. a�7E: SURVEYORS ,AND MAPPERS �/16/gA (MA7*BOOK 69, FACE43, B.GK) CK0_ err: PROD. FILE: Bm= 1k.3ft1 D.kC, 1 "-214 (561) 417-6173 • Fax: (561) 417-%19 A- 2