HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-320Temp. Reso. #9562 1
October 5, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-320
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A TAMARAC
PUBLIC UTILITY EASEMENT WITH WENDY'S OF N.E.
FLORIDA, INC., FOR THE WENDY'S OLD FASHIONED
HAMBURGERS PROJECT LOCATED AT 8901 WEST
COMMERCIAL BOULEVARD; AUTHORIZING AND
DIRECTING THE CITY CLERK TO RECORD SAID
AGREEMENT IN THE PUBLIC RECORDS OF BROWARD
COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Wendy's Old Fashioned Hamburgers Project located at 8901 West
Commercial Boulevard (a copy of which is attached hereto as "Exhibit 1 ") will require the
installation of various public utilities; and
WHEREAS, the public utility easement is required by City Code Section 10-207
which states that recorded easements shall be provided for the installation of all
underground utilities facilities; and
WHEREAS, Wendy's of N.E. Florida, Inc., as owner of the Wendy's Old Fashioned
Hamburgers Project has offered a "Tamarac Public Utility Easement" (a copy of which is
attached hereto as "Exhibit 2") for utilities; and
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed; and
1
Temp. Reso. #9562 2
October 5, 2001
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 authorize the
appropriate City Officials to accept and execute a "Tamarac Public Utility Easement" with
Wendy's of N.E. Florida, Inc., for the Wendy's Old Fashioned Hamburgers Project located
at 8901 West Commercial Boulevard as required for the installation and operation of
various public utilities and infrastructures.
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 "Tamarac Public Utility Easement" agreement with Wendy's of N.E. Florida,
Inc., for the Wendy's Old Fashioned Hamburgers Project located at 8901 West
Commercial Boulevard to allow legal access by public utility personnel in performing their
duties, including utility installation, maintenance and operation.
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
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution
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1
Temp. Reso. #9562 3
October 5, 2001
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 14t" day of November, 2001.
ATTEST:
-z . -
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
R�IUTION as to form.
I'TCHELL S.
CITY ATTO
RG/DTM/db
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER _A -ye!
DIST 1: COMM. PORTNER A el
DIST 2: COMM. MISHKIN A ev
DIST 3: V/M SULTANOF Ayei
DIST 4: COMM. ROBERTS A e,
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TEMP. RESO. # 9562
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WENDY'S OLD FASHIONED HAMBURGERS
PUBLIC UTILITY EASEMENT
Zlcllibi't 2
TAMARAC PUBLIC UTILITY EASEMENT
Wendys Old Fashioned Hamburgers
FOR: 8901 W. Commercial Boulevard, Tamarac, FL
NAME OF PROJECT
f
This PUBLIC UTILITY EASEMENT made this ok day of �°
200J , by Wendy's of N.E. Florida Inc. having an address of
4288 W. Dublin -Granville
(hereinafter "Grantor'), and the City of Tamarac, a municipal corporation of the State of
Florida, having an address at 7525 Northwest 88t" Avenue, Tamarac, Florida 33321,
(hereinafter "Grantee"). (Whenever used herein, the term "Grantor" and "Grantee" shall
include the respective successors and assigns of the parties hereto, whenever the
context so admits or requires).
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in Broward
County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred
to as "Servient Estate"), and
WHEREAS, Grantor desires to grant unto Grantee a non-exclusive easement to
use a portion of the servient estate.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable considerations paid by each of the parties hereto to the other
party, receipt of which is hereby acknowledged by both parties, the parties hereto do
hereby grant and agree as follows:
1. Grantor hereby grants and conveys to Grantee, its successors and
assigns, a non-exclusive easement over and upon the servient estate for the installation
and maintenance of public utilities.
1 Public Utility Easement
2. Grantor reserves all rights not herein granted pursuant to this easement,
including but not limited to, the right of free ingress and egress over and upon the
servient estate and to grant further easements under, over and on the servient estate;
provided that, in no event shall any of the rights herein reserved impede the easement
herein granted or the exercise of the rights of use thereunder.
3. 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.
4. This easement shall not be released or altered without consent of the
Grantee.
2 Pubiic Utility Easement
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST:
By:
T)
DANA Itt.EIN
Type Name _ Assistant5ecretag
• Corporate Secretary
(Corporate Seal)
STATE OF PL4-R40A
: SS
COUNTY OF A/V/' /;j :
Type Name
President CWdExecutive 0M=&
Presidcnc
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 7014N T. SCHUESSLER to me known to be the person(s)
described in and wF6 he foregoing instrument and acknowledged
before me and under oath that _�executed the same.y
WITNESS my hand and official seal this day of
200.
( Personally known to me, or
( ) Produced Identification
TARY PUBLIC, State of Pbrida 61riv
at Large
C &
(N ry PujdAK rMj#amp,
or y IOFOO
MyC0W=3o� rir JV
0
Type of I. D `educed
( ) DID take an oath, or ( ) DID NOT take an oath.
9806M 3 Public Utility Easement
FIK"3111-1911-
ATTEST:
By:
Marion Swenson, 6MC
City Clerk
STATE OF FLORIDA
SS
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
J chreiber
Mayor
Date
j1-14-CI
By: _ zz Z
Jeffrey L. WlIer&f
City Manager
11-14-VI
as
By: 'A •'
Mit ell S. Kraft,
City Attorney
COUNTY OF EROWI�P-0
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
Joe -1pPE) acc �i Jc-rW6' Z- M)urxto me known to be the person(s) described in and
who executed the foregoing instrument and -rf4�v acknowledged before me and
under oath that - phi executed the same.
WITNESS my hand and official seal this (4 day of 1VUV6-rn F-L-P-
20_W—.
L
( -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
950605 4 Public Utility Easement
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
REM B. ANDERSON
ExecutiveChievice alPresident & do hereby affirm that I am the Ltl� �
I, Chief Financial (1fFicer _
of �v _ � �1 � /� .� " � � �and�thalhave exe uted a�Pubhi�cUtility
asement with the City of Tamarac for i�°�C ',�� �!
project and that I am the owner of the property covered by said Public Utility Easement.
There are no mortgages held on the
Utility Easement.
Thi
SS
COUNTY OF I
, which is the subject of said Public
ER AFRAIWIf SA
Execdd* MdH"iitbht &
Chief Financial Officer
day of J ,4V- , 20 0%
t.ega? t3ept..- --
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State ofpresaid and in the County aforesaid to take acknowledgments, personally
appeared (� . A06( iIS(yl _ __ to me known to be the person(s)
described in and who executed the foregoing instrument and 4�-t acknowledged
before me and under oath that �dc. _ executed the same.
WITNESS my hand and official seal this '`day of ,
20_�L.
( Personally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
D'J' , W T.", 4 0"'.-
NOTARY PUBLIC, State of a k6
lo
lar„
a° ANDRF_A Pit. McGEEHAN
— NOTARY PUBLIC, STATE OF OHIO
MY COMMISSION EXPIRES JAN. 24, 2002
.=Notary Public: Print, Stamp,
of"ty fs Commissioned)
Type of I.D. Produced
) DID NOT take an oath.
SIpM 5 Public Utility Easement
EXHIBIT A SKETCH OF ILL`+ SURIP11 UN
FOR
6' PUBLIC UTILITY EASEMENT
LEGAL DESCRIPTION- EASEMENT NO. 1
A PORTION OF L 0 T 6 & 7, BLOCK 9, L )IONS COMMERCIAL UNIT NO. 2,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 69, PAGE 4J OF
THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE SOUTH 8859 06"
EAST ALONG THE SOUTH RIGHT OF WAY LINE OF N. W. 57th STREET FOR A
DISTANCE OF 3.71 FEET, THENCE SOUTH 00.01 '37" EAST FOR DISTANCE OF
291.00 FEET; THENCE SOUTH 88'59'06" EAST FOR A DISTANCE OF 6.00 FEET'
THENCE NORTH 00'01 '37" WEST FOR A DISTANCE OF 281.00 FEET- THENCE
NORTH 88.59 06" WEST FOR A DISTANCE OF 2.29 FEET TO THE POINT OF
BEGINNING.
LEGAL DESCR/PT/ON.• EASEMENT N0. 2
A PORTION OF LOT 4 & 5, BLOCK 9, LYONS COMMERCIAL UNIT NO. 2,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 69, PAGE 43 OF
THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER .OF SAID LOT 6; THENCE SOUTH
88.59'06" EAST ALONG THE SOUTH RIGHT OF WAY LINE OF N. W. 57th STREET
FOR A DISTANCE OF 196.32 FEET TO THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED UTILITY EASEMENT,' THENCE SOUTH 00'01 '37" EAST FOR
DISTANCE OF 281.24 FEET; THENCE NORTH 82'08'32 " WEST FOR A DISTANCE OF
1.99 FEET, THENCE NORTH 88.59'06" WEST FOR A DISTANCE OF 4.03 FEET,'
THENCE NORTH 00.01 '37" WEST FOR A DISTANCE OF 287.00 FEET; THENCE
SOUTH 89'59'06" EAST FOR A DISTANCE OF 6.00 FEET TO THE POINT OF
BEGINNING.
NOTES.•
7. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT
A BOUNDARY SURVEY.
2. THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION
/S S. 00.01 37 E ALONG THE SOUTH RIGHT OF WAY / OF N. W. 57th STREET
3. THE INFORMATION WAS PROVIDED 9Y "CpRPORATF PROPERTY SERVICES. "
SURVEYORS CERTY-IGAT/ON.•
I HEREBY CERTIFY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION"
WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM
TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESS/ONAL
LAND SURVEYORS AND MAPPERS IN CHAPTER 6I G 17-6, FLORIDA STATUTES,
AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF. NOT VALID WITHOUT T. THE SIGNATURE AND THE ORIGINAL RAISED SEAL
OF A. FL ORIDA LICENSED SURVEYOR AND MAPPER
ROSSRT BL OOMSTER - JR
PROFESSIONAL LAND 'SURVEYOR
NO. 4 734 STATE OF FLORIDA
NOT VALID WTHOUT SHEET 2 OF 2
BL 0 OMS TER
PROFESSIONAL LAND
SURVEYORS, INC.
FLORIDA LS. / 6016
791 NORTHEAST DIXIE HIGHWAY
JENSEN BEACH, FLORIDA 34957
PHONE 561-334-0868
SHEET 1 OF 2
SCALE 1' - 6V
DATE; 0/24 01
F.B. SRER +
JW ND. 3452
REVISIONS
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR: CORPORATE PROPERTY SERWCES
SITE L OCA MD:
rAMARAC, BROWARD COUNTY, FLORIDA
SKETCH OF DESCRIPTION
FOR
6' PUBLIC UTILITY EASEMENT
CENTERLINE OF 106 FOOT RIGHT OF WA Y
N. Nf
57M S? RFFT
POINT OF BEGINNING (EASEMENT NO 1)
POINT OF COMMENCEMENT
N. c'o 06 "W.
2.29'
. SOUTH RIGHT OF WA Y LINE OF
NORTHWEST CORNER OF LOT 6, BLOCK 9
N. W. 57th STREET
L YONS COMMERCIAL SU8D. UNI T NO. 2
PLAT BOOK 69, PAGE 43
`
S.8 5906E
BROWARD COUNTY RECORDS
S. 88 59 06 E
116. J2'
I
3.71'
I
I
�
I
I
I
EXI RNG
i
SAN/TAR Y�EASEMENT
O.R.B. J16 7, PG. 955
BROWARD COUNTY RECORDS I
LOT 7
I LOT 6
LOT 5 I
I
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Iw
can
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til
ti
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S. 88 59 ' E
6. oa'
I
N. 88 59 06 "W.
.4. 03'
I I
POINT OF
EASEMENT NO.2
S. 88 59 06 E
6.00'
LOT 4
-- o-------.. — — —
v — N820832"W.
0
n v
N. 566 S (NEST G�AIAL)
SOUTH L E OF SECTION 8, TOWNSHIP 49 SOUTH, RANGE 41 EAST
NORTH RIGHT OF WA Y LINE OF
S. W. 56th STREET (WEST COMMERCIAL BOULEVARD)
ORIGINAL NORTH RIGHT OF WA Y LINE OF N. W. 56th STREET
AND SOUTH LOT LINES OF BLOCK 9
L YONS COMMERCIAL SUBDI V/S/ON UNIT NO. 2
NOT VALID WITHOUT SHEET 1 OF 2
CERTIFICATE
I, Dana Klein, hereby certify that I am the duly elected, qualified, and acting Assistant
Secretary of Wendys of N.E. Florida, Inc., a Florida corporation (hereinafter referred to as the
"Corporation"). By An Action Without Meeting of the Board of Directors of said Corporation
which was executed on February 7, 2001 , the following resolution was unanimously
adppted:
RESOLVED, that the Chief Executive Officer, President or the Chief
Financial Officer, acting alone, or any two of the following, to wit, the
President & Chief Operating Officer - North America; any Executive Vice
President, Senior Vice President and any Vice President, be, and they
hereby are, authorized to execute in the name of the Corporation, any and all
notes, loan agreements, commitment agreements, mortgages, deeds of trust,
assignments of mortgage, leases, subleases, real estate purchase and sale
contracts, deeds, easements, rights of way, construction agreements, and any
and all other documents related to the acquisition of interests in real estate
for Wendy's Old Fashioned Hamburgers restaurant sites or for other
corporate purposes, the disposition of any interest in such real estate and the
financing and construction of improvements on such real estate; and they
further be, and they hereby are, authorized to execute in the name of the
Corporation any guarantee of any obligation of the Corporation relating to
the acquisition, disposition or financing of interests in real estate for
Wendy's Old Fashioned Hamburgers restaurant sites or for other corporate
purposes or relating to the financing and construction of improvements on
such real estate.
I further certify that the foregoing resolution has not been altered, amended or repealed and
is now in full force and effect.
.1
Dated at JczuC4s�-� , [ this U�day of
2001
Dana Klein
Assistant Secretary
#49482