HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-32111
Temp. Reso. #9563
October 5, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-321
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A "TAMARAC WATER AND SEWER UTILITY
EASEMENT" 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 CITY
UTILITY PERSONNEL FOR INSTALLING, MAINTAINING,
AND OPERATING THE WATER DISTRIBUTION SYSTEM;
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 Site Plan for the Wendy's Old Fashioned Hamburgers Project,
located at 8901 West Commercial Boulevard (attached hereto in map form as "Exhibit 1 ")
was approved by City Commission on June 27, 2001; and
WHEREAS, the development of the Wendy's Old Fashioned Hamburgers Project
requires the installation of the Water Distribution System; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution System required to serve the Wendy's Old Fashioned Hamburgers Project; and
WHEREAS, Wendy's of N.E. Florida, Inc., as the owner of the property, has offered
the "Tamarac Water and Sewer Utility Easement" for water mains, water services, fire
hydrants; and
Temp. Reso. #9563
October 5, 2001 2
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed for the Wendy's Old Fashioned Hamburgers 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 "Tamarac Water and Sewer Utility Easement" with Wendy's of N.E. Florida, Inc., for the
Wendy's Old Fashioned Hamburgers Project, required for the installation,
maintenance and operation of the Water Distribution System.
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: That the appropriate City Officials are hereby authorized to
accept and execute a "Tamarac Water and Sewer Utility Easement" (attached hereto as
"Exhibit 2") 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 City 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.
Temp. Reso. #9563
October 5, 2001 3
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 141" day of November, 2001.
ATTEST:
MARION SVVENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
3h ve proved this
R S UTJON as to
MITCHEL
CITY Al
100191LVArro1$7
1
KRAFT
RNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A el
DIST 1: COMM. PORTNER 8yg�
DIST 2: COMM. MISHKIN A e.,
DIST 3: V/M SULTANOF A e,
DIST 4: COMM. ROBERTS A e,
EXHIBIT 1
TEMP. RESO. # 9563
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WENDY'S OLD FASHIONED HAMBURGERS
WATER AND SEWER UTILITY EASEMENT
Exhibit 2
TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
Wendy's old Fashioned Hamburgers
FOR: 89o1 W. commercial Boulevard Tamarac, FL
NAME OF PROJECT
On this day of 20 0! , that
having an address of
en
4288 W. Dublin -Granville Road Dublin OH 43017
hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a
municipal corporation of the State of Florida, having an address at 7525 Northwest 88th
Avenue, Tamarac, Florida, 33321, (hereinafter "Grantee"), subject to the following
provisions and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable considerations paid by Grantee to Grantor, receipt of which is hereby
acknowledged by both parties.
Grantor is the fee simple owner of that parcel of real property, a legal description
and sketch of which is attached hereto as Exhibit "A", and incorporated by reference
herein, (hereinafter "the servient estate").
Grantor hereby grants, bargains and sells to Grantee, its successors and
assigns, a perpetual easement under, over and upon a portion of the servient estate, a
legal description of which is attached hereto as Exhibit "B" and incorporated by
reference herein, (hereinafter "the easement area").
Grantee may use the easement area for laying, installing, maintaining, operating
and altering of water lines and appurtenant facilities, sewer lines and appurtenant
facilities as well as for surface water storm drainage, and for other comparable public
utility purposes.
Grantee's right to utilize the easement area shall be exclusive to the extent that
Grantor shall grant no easement or license, nor make any covenants, having the effect
of permitting use of the easement area by one other than Grantee, except grantor may
furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised
cable TV that crosses this easement at right angles.
000615 1 Water and Sewer Utility Easement
Grantor may, for its own purposes, utilize the easement area and shall retain a
right of free ingress and egress under, over and upon the easement area, provided that,
in no event, shall any of the rights herein reserved to Grantor impede the easement
herein granted or the exercise of the rights of use thereunder.
., Grantee shall have the right to remove any natural or man-made obstructions
placed on the easement, which impede the easement herein granted, or the exercise of
the rights thereunder.
Grantor shall hold Grantee harmless from and against all claims, liability and
expense arising from the aforesaid removal of obstructions, including the expense of
removing, relocating, restoring and replacing same.
Grantor grants to the Grantee, a perpetual non-exclusive easement upon the
servient estate whereby Grantee shall have reasonable access necessary to fully
exercise Grantee's rights within the easement area.
The provisions of the easement shall be binding on the parties hereto and their
respective successors and assigns as a covenant running with and binding upon the
servient estate.
This easement shall not be released or amended without consent of the Grantee
as evidenced by a document signed with the same formalities as this document.
Grantee shall record this document in the Public Records of Broward County,
Florida.
This instrument contains the entire agreement between the parties relating to the
rights granted and the obligations assumed pursuant to this instrument. Any oral
representations or modifications concerning this instrument shall be of no force and
effect, excepting a subsequent modification reduced to writing, signed by the party to be
charged therewith.
2 Water and Sewer Utility Easement
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST:
By:
pAE4A. T FIN
Type Name Assistant 3cmtary
y�54. Corporate Secretary
(Corporate Seal)
STATE OF FEeR1$A
/ : SS
COUNTY OF r%�v'd111U
GRANTOR
By -
Type ame JOHN T. s
President Executive Offim&
President
Legal Dept.
Loc
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid im ty aforesaid to take acknowledgments, personally
appeared
s�ii to me known to be the person(s)
described in and Who eRedMed the foregoing instrument and __acknowledged
before me and under oath that j E executed the same.,,,
WITNESS my hand and official seal this day of
200
( j/�Personally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
TARY PUBLIC, State of-Rerida
at Large d
��p1Al 8tF
(Nam PubIj0 &MWP,
OON
or tyAb V�WMJMM,20
r
sr��of0
w ''nil
Type of I.D. Produ
DID NOT take an oath.
980605 3 Water and Sewer Utility Easement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
By.
Marion Swenson, CIVIC
City Clerk
STATE OF FLORIDA
M
ACCEPTED BY CITY OF TAMARAC
GRANTEE
J
By: 'S;- Q_
Joel hreiber
Mayor
Date: i-I 0 /
By: tz- 1'7GG(—
Jeffrey L. le
City Manager
Data-1 /1- / 4 0 /
*l
By:
Mit I S. Kraft,
Cit Attomev
COUNTY OFr�I���'�Q6 :
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
�ioG Scf����g A14,6e to me known to be the person(s) described in and
who executed the foregoing instrument and _-f-7-ieV acknowledged before me and
under oath that `7-4ev executed the same.
WITNESS my hand and official seal this
20_LL.
IFLIF
• r r. r • i
■
I Atj i
� w WTIy
Ih. ♦1LLaLLL ♦: L'w■ LLI LLL�A•L LLii�
( -'SPersonally known to me, or
( ) Produced identification
14 day of l JOVEV)BL�?- ,
Z, A.
NOTARY PUBLIC, State of Florida
at Large
l
(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
4 Water and Sewer Utility Easement
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE TERMB ,ANDERSON
Executive Vice President & /� r�
i
I, Chief Financial officer do hereby affirm that I am the V � a
of __ ,f o�l lVy- - 1 c_ • and that I have execute a Tamar�gc
Utilities Wafer and Sewer Easement with the City of Tamarac for 'CIO/ i 7ef a/ � J
project and that I am the owner of the property covered by said
Tamarac Utilities Water and Sewer Easement.
There are no mortgages held on the property, which is the subject of said
Tamarac Utilities Water and Sewer Easement. J
STATE OF 4�A
COUNTY OF
SS
FURTKER AgFIANT SAfOETH NOT.
Ex tivevice �h1 ure)
of financial officer
This o 8ay of , 200/
C Lgal Dept..: e
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 Kp*'til 6. Avidervylto me known to be the person(s)
described in and who executed the foregoing instrument and _acknowledged
before me and under oath that �,L C,- executed the same.
WITNESS my hand and official seal this X day of a _
206.
( vPersonally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
MI
to w M40" m
�"" ` ANDREA 141. McGEEHAN
n * NOTARY PUBLIC, STATE OF OHIO
X Notary Public: Print, Stamp,
as Commissioned)
Type of I.D. Produced
) DID NOT take an oath.
5 Water and Sewer Utility Easement
Exhibit A — Sheet 1 of 2
LEGAL DESCRIPTION
FOR
OVERALL WENDr S PARCEL
LEGAL DESCR/PT/ON.•
A PORTION OF LOTS 4, 5, 6 AND 7, BLOCK 9, L ?'ONS COMMERCIAL SUBDIVISION
UNIT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 59,
PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING FULLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE SOUTH
88"59'06 EAST, A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF
SAID LOT 5; THENCE CONTINUE SOUTH 88'59'06" EAST, A DISTANCE OF 96.32
FEE , THE LAST TWO CALLS BEING COINCIDENT WITH THE SOUTH RIGHT OF WAY
LINE OF N W. 57th STREET THENCE SOUTH 00'01 '37" EAST A DISTANCE OF
202.55 FEET TO THE EAST LINE OF SAID LOT 5; THENCE CONTINUE SOUTH
00'07'.3'7" EAST A DISTANCE OF 78.69 FEET,• THENCE NORTH 82'08 J2 " WEST A
DISTANCE OF 7.44 FEET TO THE EAST LINE OF SAID LOT 5; THENCE CONTINUE -
NORTH 82'08'32" WEST FOR A DISTANCE OF 0.55 FEET; THENCE NORTH
88"59'06" WEST A DISTANCE OF 99.46 FEET TO THE WEST LINE OF SAID LOT 5;
THENCE CONTINUE NORTH 88'59 D6 " WEST A DISTANCE OF 98.61 f EET THENCE
NORTH 00'01 '37" WEST, A DISTANCE OF 76.64 FEET TO THE WEST LINE OF SAID
LOT 6; THENCE CONTINUE NORTH 00'01 '37" WEST" A DISTANCE OF 204.37 FEET
TO THE SOUTH RIGHT OF WAY LINE OF N. W 57th STREET; THENCE SOUTH
88 59'06" EAST A DISTANCE OF 3.71 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING /N SROWARD COUNTY, FLORIOA.
NOTES-
I- THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT
A BOUNDARY SURVEY.
2 THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION
/S S. 00701 '37'E ALONG THE SOUTH RIGHT OF WAY LINE OF N W. 57ih STREET.
J THE INFORMATION WAS PROVIDED SY 'CORPORATE PROPERTY SERVICES. "
SURVEYORS CERTIFICATION.-
/ 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 /N CHAPTER 61 G 17-6, FLORIDA STATUTES,
AND THAT IT /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE' ORIGINAL RAISED SEAL
OF A FLORIDA LICENSED SURVf DR AND MAPPER.
ROSERT SLOOMSTS&.JR.
PROFE55/0NAL L4N0 SURVEYOR
NO. ' 4134 STATE OF FLORIDA
BL o OMS TER
PROFESSIONAL LAND
SURVEYORS,
INC.
FLOA L8. / dma
791 NORTHEAST DIXIE HIGHWAY
JENSEN BEACH. FLORIDA 34957
PHONE 561-334-0858
SHEET 1 OF 2
`75ALL i• - aO'
DATL i 17
F.B. SKETCH
im No. 345Z
REVISIONS
SAFs`TCH TO ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR: CORPORA 7-E PROPERTY SER tiICES
5/1F LOCATED.
7'AAddOA/' P70nLVAOn /^nl/Ali"V Cl gMIMA
Exhibit A - Sheet 2 of 2
SKETCH OF DESCRIPTION
FOR
OVERALL WEND r S PARCEL
N. W. 57th SnjW rr
C IWL� LINE OF 106 FOOT RIGHT OF WA)'
NORTHWEST CORNER OF LOT 5, BLOCK 9
SOUTH RIGHT OF WA Y LINE OF o L YONS COMMERCIAL SUED. UNIT NO. 2
N.W. 57th STREET h PLAT BOOK 69, PAGE 43
6ROWARD COUNTY RECORDS
�lra
POINT Or CLwMENCEI SN7'
NORPMEST CO ER OF LOT 6, 64OCK 9
L YONS COMA
E /AL SUED. UN/T NO 2
PLAT B K 69, PAGE 4J
BROWARD COUNTY RECORDS
LL07*8 I LOT 5
zw
LET 7 Y ORIGINAL LOT LINES AS
PER PLA T r Re -CORD
r
.9
9861'
c0r 4
N.82V8'32AY.
N.8ZV8°J2"W.
99.Q48� 1.44'
h N r s—
N. S (MES'T COMWME74rGY� 4
a41P�DJ
50U1N L E OF SEC7701V 8, TOWNSHIP 49 SOUTH, RANGE 47 EAST
NOR7N RIGHT OF WA Y LINE OF
S W. 56th STREET (WEST COMMERCIAL BOULEVARD)
ORIGINAL NOR7H RIGHT OF WA Y LINE OF N. W. 56th STREET
AND SOUTH LOT L/NES OF BLOCK 9
L YONS COMMERCIAL SUB0/0S/01V UNIT NO, 2
Exhibit B . LEGAL DESCRIPTION
Sheet 1 of 2 FOR
15' TAMARA C EXCLUSIVE
WATER UTILITY EASEMENT
LEGAL DESCRIPT/ON.•
A PORTION OF LOT 5, BLOCK 9, L)'ONS 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
8L9'59 06 "" EAST ALONG THE SOUTH RIGHT OF WAY LINE OF N. W. 57th STREET
FOR A DISTANCE OF 66.98 FEET AND POINT OF BEGINNING OF THE FOLLOWING
DESCRIBED CENTERLINF; THENCE SOUTH 00'01 '37" EAST FOR A DISTANCE OF
108.12 FEE%- THENCE SOUTH 44 58 23 " WEST FOR A DISTANCE OF 22.36 FEET;
THENCE SOUTH 01 "02'06" WEST FOR A DISTANCE OF 62.08 FEET TO A POINT ON
THE NORTH LINE OF A 15 FOOT UTILITY DESCRIBED IN DAVID & GERCHER
(PROJECT FILE- 99-224, DATED: MARCH 27, 2001) AND POINT OF TERMINUS;
THENCE CONTINUE SOUTH 01 "02'06" WEST FOR A DISTANCE OF 16.50 FEET TO A
POINT KNOWN AS REFERENCE POINT A ',- THENCE SOUTH 01 "02'06 " WEST TO A
POINT ON THE CENTERLINE OF SAID 15 FOOT UTILITY EASEMENT AS PER DAVID
AND GERCHER; THENCE NORTH 89"18 50 EAST FOR A DISTANCE OF 39.38 FEET
ALONG SAID CENTERLINE TO A POINT KNOWN AS REFERENCE POINT 'B
BEGIN AT REFERENCE POINT A ; THENCE NORTH 885754 " EAST FOR A DISTANCE
OF 12.50 FEET TO THE POINT OF TERMINUS,
BEGIN AT REFERENCE POINT B ; THENCE NORTH 00'01 '37" WEST FOR A DISTANCE -
OF 16.75 FEET TO THE POINT OF TERMINUS.
EASEMENT LINES ARE TO BE LENTHENED OR SHORTENED TO PROVIDE A
CONTINUOUS 15 FOOT WIDE EASEMENT.
CONTAINING: 3908.70 SQUARE FEET OR 0.090 ACRES MORE OR LESS.
IdII)r6X
1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT
A BOUNDARY SURVEY.
2 THE BEARINO BASE OF THIS SKETCH OF LEGAL DESCRIPTION
IS S. 00 01 '37'E: AL ONG THE SOUTH RIGHT OF WAY LINE OF N W. 571h STREET.
3- THE INFORMATION WAS PROVIDED SY 'CORPORATE PROPERTY SERVICES. "
SURVEYORS CERT/F/CAT/ON.•
/ HEREBY CERTIFY THAT THE SKETCH TO ACCOMPANY LEGAL DESCRIPTION"
WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MIN/MUM
TECHNICAL STANDARDS AS SET FORTH BY THE FL ORIDA BOARD OF PROFESSIONAL
LAND SURVEYORS AND MAPPERS /N CHAPTER 61 G 17-6, FL OR/DA STATUTES,
AND THAT IT /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL
OF A FL ORIDA LICENSED SURVEYOR AND MAPPER.
ROBERT BLOOMSTER: Jig
PROFESSIONAL LAND"SURVEYOR
NO. 4134 STATE OF FL OR/DA
NOT VALID WITHOUT SHEET 2 OF 2
BLOOMS TER
PROFESSIONAL LAND
SURVEYORS, INC.
FLOMDA LB. / 6M8
791 NORTHEAST DIXIE HIGHWAY
JENSEN BEACH, FLORIDA 34957
PHONE 561-334-0868
SHEET 1 OF 2
SCALE: 1' - 60'
DAB: a 2+ m
F.B. SKETCH
JOB No. 3452
REVISIONS
SKETCH TO ACCOMPANY LECAL DESCRIPTION
PREPARED FOR- CORPORATE PROPERTY SERWCES
SITE LOCH TED:
TAMARAC, SHOWARD COUNTY, FLORIDA
Exhibit t SKETCH OF DESCRIPTION
' sheet 2 of 2 FOR
15' TAMARA C EXCLUSIVE
WATER UTILITY EASEMENT
CENTERUNE OF 106 FOOT RIGHT OF WA Y
X.OK 57M 57AWr
PANT OF COMMENCEMENT
NORTHWST CORNER OF LOT 6, BLOCK 9 SOUTH RIGHT OF WA Y LINE OF
L YONS COMMERCIAL SURD. UNIT NO. 2 N.W. 57th STREET
PLAT BOOK 69, PAGE 43
BROWARD COUNTY RECORDS11 S. B8 59 06 E
66.98P NT OF BEGINNING
LOT 7
EXIS77NG
15' UTILITY EASEMENT
AS PER DA WD & GERCHER
JOB NO. 99--224L -WEND YS-15UE
(SHADED AREA)
v ',4 CENTERLINE
LOT 6 I
LOT 5
ti 15 FOOT
U77UTY EASEMENT
S44 58L"W
22.36'
9
"W.
0
I
70 06
S. 01.0
0�
o
62. 8'
Oft"
POIN TERMINUS
REFERE
NCE POINT
a
N. 88 II57 54 E 12. 50'
OF TERMINUS
N. 9'1850"E. 39.38'
POINT OF TERMINUS
N. 00'01 3T "W.
`.".
'5- 16.75'
REFERENCE POINT 'B'
O
N
N
O
�o
N. 3B S (NEST COA4AMAL ,91 X
V
SOUTH L E OF SECRON 8, To Ps ISh'IP 49 SOU774 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 SUBDIVISION UNIT NO. 2
LOT 4
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 Wendy's 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
adapted:
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.
Dated at45c2k - , CA this )OL day of
2001
Dana Klein
Assistant Secretary
US'1.1 r6