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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 n L-J� 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, I. EXHIBIT 1 TEMP. RESO. # 9562 g ST TEXACO c')Q MCNAB ROAD BLv,1f THE GREENS 3 gPA LIME BAY j BAY OF TAMARAC SEC . � SEC. I q II � f COL. W. CLUB r HOUSE CA 61 o TF� fj/ T ❑D 2 f>>�1f W W f�/ff,1 W T /� ff W RAL W w /f�-, ., f W Q LMS W P 66 Sp CJ 1f r¢ a W ❑LF W W V LLAS W W W f/ J / V - v .y W W Q W W W W W W W �6, W a. `M / Qi �. OSN\n \�S Y Goo p�`. Lfy UR v► �ba Y`1' -D' � `~n 2 3 W W WEDGES 6p r(� ♦ 1� 3 w Li x W W W W LAND SEC. 8 r WEDGEW❑OD LN _ 463 4ST) r, r W 14i / W W W W W W W BOARDWALK APTS. SANTA RASA DR. 61 ST 34 / 7 61 ST ¢ PARADISE CT 61 ST a� zi r) PATIO 7 cu HOMES 7 I 6 To+ 0 7 I PAR, DR Q � BOARDWALK APTS. _ S a 0+Q 0¢ a' ¢ = W 60 ST mT l 60 ST II w i- PAR. Q 1f 59 pL U STANLEY LN 59 Pt W / Q a 59 CT w A J f LANDINGS ❑N PARADISE 1 Z J n ,n f CYPRESS ESTATES ,--, L7 j ao 59 ST OD 'BrrADSNAw LN yw GREENS � / H f/ 59 CT WATERS E. PLUM NARBO<t WY. ff %off 58 PL EDGE LY❑NS a ran a PL Li \ INDUSTRIAL / o Z 3 ~ 1 « V.G.C. PARK PARK /f1f /f/ 3 58 STD `O ID (VISUAL GRAPHICS) 58 / 57 DR CD ao GRAPHLINE 7 ST MARL EN w MA INLA 4DS UNI 1 a ST❑R❑PACK 1f / / /1 �1 f ff ylff PARK 57 JLNn 7¢ 3 THE TAMARAC a W m 57 PL z MIAMI JEWISH HERALD CENTER ON CINNAMON TREE 8741-8767 57 CT P1 eye OFC. BLDG 57 ST WLNIJi"J..UV 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 Izz d Iq Rtn Iw can I � til ti o l of I J I Z I I 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