HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-335Temp. Reso. #9595
October 31, 2001
CITY OF TAMARAC, FLORIDA
w' RESOLUTION NO. R-2001-335
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 RAMCO-GERSHENSON PROPERTIES,
L.P., FOR THE SUNSHINE PLAZA PROJECT, LOCATED ON
THE NORTHWEST CORNER OF WEST COMMERCIAL
BOULEVARD AND STATE ROAD 7, 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, Ramco-Gershenson Properties, L.P., the owner of the Sunshine
Plaza Project located on the northwest corner of West Commercial Boulevard and State
Road 7 (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
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Temp. Reso. #9595
October 31, 2001 2
WHEREAS, Ramco-Gershenson Properties, L.P., has offered a Blanket Public
Safety Ingress/Egress Easement to the City of Tamarac for the Sunshine Plaza Project;
and
WHEREAS, it is the recommendation of the Director of Utilities that the Blanket
Public Safety Ingress/Egress Easement with Ramco-Gershenson Properties, L.P., be
approved and executed for the Sunshine Plaza 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 Ramco-Gershenson
Properties, L.P., for the Sunshine Plaza 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 Ramco-Gershenson Properties, L.P., for the
Sunshine Plaza Project, located on the northwest corner of West Commercial
Boulevard and State Road 7.
SECTION 3: The City Clerk is hereby authorized and directed to record
said document in the public records of Broward County.
Temp. Reso. #9595
October 31, 2001 3
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 14th day of November, 2001.
ATTEST:
MARION -SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
hnSaLzroved this
TIONaas to form.
MITCHELL S. KF
CITY ATTORN
RG/DTM/mg
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Alvel
DIST 1: COMM. PORTNER_ Xg
DIST 2: COMM. MISHKIN_,4vel
DIST 3: V/M SULTANOF_A-yew
DIST 4: COMM. ROBERTS_A1yer
EXHIBIT 1
TEMP. RESO. # 9595
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SUNNHlNL_YLALF
SUNSHINE PLAZA
BLANKET PUBLIC SAFETY INGRESS / EGRESS EASEMENT
A
2
TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
INGRESS EGRESS EASEMENT
PROJECT: Sunshine Plaza Shopping Center
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made
this day of , 2001, by Ramco-Gershenson Properties,
• L.P. having an address of 27600 Northwestern Highway, Suite 200,
Southfield Michigan 48034, (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, 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 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 above -described property such as services to existing utilities,
1
maintenance to existing canals, fire protection, police protection, emergency
and other public safety services.
It is acknowledged that Grantor is the current owner of the Property on
which the Sunshine Plaza Shopping Center is located and nothing contained
�N
herein shall be deemed to prohibit or restrict Grantor or its successors from
constructing or reconstructing any buildings or improvements upon the
Property, subject to the requirements of Grantee or any other controlling
governmental authority, and upon the construction or reconstruction of any
building and improvements upon such Property, the easement created hereby
shall be subject to such improvements as are constructed (including any
proposed improvements approved by the Grantee) 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.
2
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day
and year first above written.
Witnes
Type Name Jenae Hornbuckle
STATE OF MICHIGAN
SS
COUNTY OFA4k4Jtn1D :
RAMCO-GERSHENSON PROPERTIES,
L.P., a Delaware limited partnership
By: Ramco-Gershenson Properties
Trust, a Maryland Real Estate
Investment Trust, its general
par ner
ame: 44t5ard J. Smith
Title: CFO
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 k1d"eb S-WTH to me known to be
the person(s) described in and who executed the foregoing instrument and
acknowledged before me that h e- executed the same.
WITNESS my hand and official seal this /c/ ay of ee-rOSC-E' , 2001.
01
NO ARY PUBLI , State of Mi
(Signature of Notary Public: Print, 'Stamp, or Type as
Commissioned)
Type of I.D. Produced
ROSEMARY., CUNNINGHAM
( ersonally known to me, or Notary Public, Wayne County, MI
( ) Produced identification Acting in Oakland County, MI
( ) Did take an oath, or ( ID NOT take an oath.
MY Commission Expires 02-05-2003
V
IN WITNESS WHEREOF, the parties has hereunto set his hand and seal on the
day and year first above written.
ATTEST:
By:
Marion Swens n, CMC
City Clerk
STATE OF FLORIDA
SS
COUNTY OF "2wa,r�
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
J chreiber
yor
Date: l I -14 - 01
y�
Jeffrey it r
City Manager
Date:_. A
MitcMll S. Kraft,
City Attorney
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in g personally Pp in the County aforesaid to take
acknowled ements ersonall aforesaid a ea appeared SC h V et W-.f "I J. X, ILL'r
to me known to be the person(s) described in and who executed the foregoing
instrument and - -f �U ,� acknowledged before me and under oath that
executed the same.
WITNESS my hand
(& Uf rM W►' , 200/.
DAWN M. LESNIAKOWSKI
NpTAny COMMISSION CC962198
pueuc EXPIRES AUG 20 2004
aTA� BONDED THROUGH
fl.OMdl
ADVANTAGE NOTARY
( ✓) Personally known to me, or
and offi ' 1 seal this 14- day of
1l e Alk1—
NOTARY PUBLI , State of Florida
at Large
baton M �esnia kowsk,
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Produced Identification Type of I.D. Produced
DID take an oath, or (-I")- DID NOT take an oath.
C!
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I, Richard J. Smith do hereby affirm that I am the CFO
of Ramco-Gershenson Properties Trust and that I have executed a
Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for
Sunshine Plaza Shopping Center project and that I am 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.
bt
This � day of aL -d&-!&
20_gL.
STATE OF MICHIGAN
SS
COUNTY OF OAKLAND
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared gio-NAeN Z. .SM i`TH
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
De-T`"0 A ,E-R-- , 20Q
ROSEMARY E. CUNNINGHAM
Notary Public, Wayne County, MI
Acting in Oakland County. MI
My Commission Expires 02-05-2003
( ersonally known to me, or
( ) Produced Identification
( DID take an oath, or
official seal this 9 day of
NOTARY PULL C, State of Michigan
at Large /
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
) DID NOT take an oath.
61
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I W06.119M[rLA
A PORTION OF TRACTS 7 AND 8 OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF
SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4, PAGE
31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTH EAST CORNER OF TRACT 8, OF SAID SECTION 13; THENCE
"SOUTH 0°12'12" EAST, ALONG THE EAST LINE OF SAID TRACT 8, 454.07 FEET TO A POINT;
THENCE NORTH 89015'42" WEST, PARALLEL WITH THE NORTH LINE OF SAID TRACT 8, 100.01
FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; SAID POINT BEING FURTHER
DESCRIBED AS BEING ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 7; THENCE
CONTINUE NORTH 89015'42" WEST, ALONG THE LAST DESCRIBED LINE 1469.21 FEET TO A
POINT, SAID POINT BEING FURTHER DESCRIBED AS BEING ON THE NORTH RIGHT-OF-WAY
LINE OF WEST COMMERCIAL BOULEVARD; THENCE SOUTH 38033'14" EAST ALONG SAID
RIGHT-OF-WAY LINE 617.15 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE
LEFT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF
894.93 FEET, AN ARC DISTANCE OF 584.17 FEET; THENCE NORTH 0044'18" EAST, A DISTANCE
OF 130.71 FEET; THENCE SOUTH 89015'42" EAST, A DISTANCE .OF 150.00 FEET; THENCE
SOUTH 0044'18" WEST, A DISTANCE OF 152.99 FEET TO THE NORTH RIGHT-OF-WAY LINE OF
WEST COMMERCIAL BOULEVARD, SAID POINT BEING FURTHER DESCRIBED AS BEING ON A
CIRCULAR CURVE TO THE LEFT; THENCE EASTERLY ALONG THE ARC OF SAID CURVE HAVING
A RADIUS OF 894.93 FEET AN ARC DISTANCE OF 56.04 FEET TO THE POINT OF TANGENCY OF
SAID CURVE; THENCE SOUTH 89015'42" EAST, A DISTANCE OF 199.01 THENCE NORTH
0012'12" WEST, A DISTANCE OF 193.00 FEET; THENCE SOUTH 89015'42" EAST, A DISTANCE OF
200.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 7; THENCE
NORTH 0012'12" WEST ALONG THE SAID RIGHT-OF-WAY, A DISTANCE OF 612.93 FEET TO THE
POINT OF BEGINNING.
CONTAINING 838,291 SQUARE FEET OR 19.244 ACRES MORE OR LESS.
-- EXHIBIT "A"
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