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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-086Temp. Reso. #9327 March 21, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-86 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 THE HERGENRADER FAMILY TRUST, FOR THE 7-ELEVEN PROJECT, LOCATED ON THE NORTHWEST CORNER OF COMMERCIAL BOULEVARD AND NW 79T" AVENUE, 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, The Hergenrader Family Trust is the Developer of the 7-Eleven Project located on the northwest corner of Commercial Boulevard and NW 791" Avenue (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 1 Temp. Reso. #9327 March 21, 2001 2 WHEREAS, The Hergenrader Family Trust, has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the 7-Eleven Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with The Hergenrader Family Trust, be approved and executed for the 7-Eleven 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 The Hergenrader Family Trust, for the 7-Eleven 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 The Hergenrader Family Trust, for the 7-Eleven Project, located on the northwest corner of Commercial Boulevard and NW 79' Avenue. SECTION 3: The City Clerk is hereby authorized and directed to record said document in the public records of Broward County. 1 1 Temp. Reso. #9327 March 21, 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 2511 day of April, 2001. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I havebapprbved,�his RCS U lO s to form " MITCHELL . KRAFT CITY AT NEY RNDM/db JOE Sd1HREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER L DIST 1: COMM. PORTNE _L DIST 2: COMM. MISHIKIWIA DIST 3: V/M SULTANOF -V DIST 4: COMM. ROBERT EXHIBIT 1 TEMP. RESG. # 9327 y y v y W y W w GW TEXAC❑ C❑NC❑ D VILLAGE BANK W00DLAND LAKES W W W w w w w W W w W W ,Wpp w W w W W w W UNIVERSITY .�. W ., r. W y W W w • V LA W y W w W w w W W Y v w W Y w TS. w w y COMMONS y SANDS P❑INT W\ W W W W C_W y W W w W w W \\\\ W w W w W ANNQ�NG4 p� w w \�� w BELLE TERRE ❑F V[ n N cTR TAMARAC \N\ . W \ W 1, C S ( W W W Q W W \\ W b AILL�S GAlCDCN W W n^n W \NN \N S S '\ W W W \\�, y W Q W r�� CI-IMAO W \\ \\\\\ti\\\\ \\\~�\\\\\\ W J W W V, Y \� \ \\ \ w \- UNIV. S. COLONY CIR. w \� w > SHOPPES w R❑KEST W a' W \\�,\ & > AGnS w APTS, w W \\\\.' 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POST CHICKEN z NW 57TH ST ❑FFICE w Lo t a w W ¢ w Z Z ¢ SITE x w x r u z 'two AZ as cu LOCAT1 oa < L No ©-' z ¢Q 00-m OD L.1W LjQQ � �� Qa Q� ¢ppq Q �J g U Oq U J CU H A _ _ _ =— — _ CCIMMERCTALBLVD, _.._ LAUDERHILL 7-Eleven,DWG 7--ELEVEN BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT Exhibit 2 Tamarac Utilities Blanket Public Safety Ingress/Egress Easement PROJECT: 7-ELEVEN AT COMMERCIAL BOULEVARD AND 79TH STREET (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made ;;12o 1 thisday o2860 by L. RALPH HERGENRADER AND MARGUERITE H. HERGENRADER AS TRUSTEES OF THE HERGENRADER FAMILY TRUST UNDER AGREEMENT DATED MARCH_ 22 1990 Having an address 61576 LONGVIEW STREET BEND OREGON 97702 (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88t" 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 consideration, 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 1 existing canals, fire protection, police protection, emergency and other public safety services. This easement is not intended to nor will it create any rights in the general public for Ingress/Egress, utilities or any other matter granted herein to Grantee. It is acknowledged that Grantor, or its successors, intends to construct improvements upon the above -described property, and nothing contained herein shall be deemed to prohibit or restrict Grantor or its successors from redeveloping its site and/or constructing any buildings or improvements upon the property, subject only to the requirements of controlling governmental authority, and the easement created hereby shall be subject to such improvements as are constructed and shall be used by Grantee in a matter which is consistent with the buildings and improvements constructed on the property and which, to the extent possible, will not unreasonably interfere with and will minimize interference with and will be compatible with the construction and use of said property. The provisions of this easement shall be binding on the parties hereto and the respective and assigns as a covenant running with and binding upon the servant estate. This easement shall not be released or altered without consent of the Grantee. Tamarac. utilities.7.12.00.belleair TR 2 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Witness (GRANT Type Name Type Name L. RALPH HERGE NRADER AS TRUSTEES OF THE HERGENRADER FAMILY TRUST UNDER AGREEMENT DATED MARCH 22, 1990 STATE OF FBA°► SS COUNTY OF 1� 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 L - ��Dh 4CngrCj_cjto me known to be the person(s) described in and who executed M foregoing instrument and _1,_,,_-acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of T, 2000 . �j OFFICIAL SEAL CARRI MILLEirE NOTARY PUBLIC -OF, GON *� - COMMISSION NO.332637 MY 9- ISSION EXPIRES MAR. 15 2004 ( ) Personally known to me, or ( Produced Identification W, rismi 010" W-Mdeo N' �� � � �'�+ram � • w • CAM H 1 L.j_ 67 1T (Name of Notary Public: Print, Stamp,, or type as Commissioned) " . Type of 4.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 3 Blanket Public safety Ingress/Egress Easement IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Witness By: A Type Name hl, L"L'rna AS TRUSTEES OF THE HERGENRADER FAMILY TRUST UNDER AGREEMENT DATED MARCH 22 1990 or STATE OF FLA� SS COUNTY OF� �-Xa�- I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the C unty afore aid to take acknowledgments, personally appeared G to me known to be the person(s) described in and Vqho executed the f regoing instrument and _acknowledged before me and under oath that -qLl� executed the same. WITNESS my hand and official seal this day of , 20�. OFFICIAL SEAL NOTARYRPUBL C REGION "' r COMMISSION NO. 332637 My COMMISSION EXPIF4E5 MAR. 15 2004 ( ) Personally known to me, or =r -BLIC, State of- -- at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) ( roduced Identification Dya(ufl -Z L - Type of IJD. Produced (-4DID take an oath, or( ) DID NOT take an oath. 981208 3 A Blanket Public Safety Ingress/Egress Easement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: �nr Marion Swenson, CIVIC Interim City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jo chreiber Mayor Dater 7 - Q / By: Z, IefFery ill r City Manager Date: Itz- ,1-7-0 App v s to or itch S. Kraft, SS `City Attorney I,/COUNTY OF.eeoulR.e6 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 z -$ ���;� ' 4�3�4wL Ail- Cto me known to be the person(s) described in and who executed the foregoing instrument and � acknowledged before me and under oath that -,,Ld executed the same. WITNESS my hand and official seal this A7', day of I , 20pj_. 19 re • 1' �' Ir Personally known to me, or ) Produced identification 0" (, �- a - -� V/� -, NOTA 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 981208 4 Blanket Public safety Ingress/Egress Easement IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST• By: Type Name BRYAN GROSSCUP Corporate Secretary STATE e Lw- : SS COUNTY OF MORT G By: w� c iL�,L-N Type Name _ WNSM It SCM=kb._ President 2nd Va Prakkm 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 LfL Z11 � 10 h rv» ecxl e to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that - �% �r executed t same. WITNESS my hand and official seal this _ day of ff�k 1 , 20Z_. ENERAL NOTARY -State of Nebraska J III OANNENNE P. MOSI_EY My Comm. Exp. Septt.16, 2000 ( ) Personally known to me, or ( ) Produced Identification N ARY PUBLIC, State o at Large F mosfe (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. 981208 5 Blanket Public safety Ingress/Egress Easement 7 -ELEVEN LOCATION 32881 .LEGAL DESCRIPTION All of Lot I and portion of Lot 2, Block 6 L ' SUBDIVISION • -according to the p/at thereof, YONS COMMERCIAL Book *69, Page 42, of the Public records o f B o record In plot Florida, subject to on eosem e� t /n O f{' wOrO� County, Page 9-" `t "Oward County Records, o%n°/ West rds Book 6786, BoulevWd and being more fully described as follows..Commercio/ BEGIIIlNI/VG of the Northwest corner of said 175 4400" East on the North line of so • Lot �; thence North 175.44 feet to a point of curve; . thence Soui 1' ° distance of to the right having a rodius of 25; 0D• feet o easterly on a curve 88 58 28 ; an arc distance of 38. B2 feet to ° ° cen trot °ng/e of thence. South .Q1•p1;32" East on Easterly line of point °f tangency distance Of 250.04 -feet to a point of curve; . th sped Lot 1, a on a curve to the right having a rodius 25.0Q -thence -Southwesterly angle of 91 V 132 ; on arc distance of 39. 72 feet t and o cen tral tangency, thence South .90190190. West on the t to a point of Lots 1 and 2, a distance of 179.91 feet; then South line of said West on o line 106.89. feet Eost of and oral/ thence North QO'p0'00" Of said Lot 2,. a -d/stance of st f fee el with the West line BEGINNING. to the POINT OF Said /ands situpte, /Nng and being in the City of Tamarac, Brow more ,County, Florida, and containing 60, 535 s uare more or less 4 feet ar 1.3897 acres F I bS ro rfN3 na b" `k �1 '�'y EAST LAVC OF 40T / _ � iF .>>A g. rp yyy sj b4 j-Ctin s S o fi/ HK E w MEST R/1V UN£ 4 40' ASP NAL r PA V / N 0 N. W 79th a = -; °m t' al e 1 OF R �ti`,IIa awnrenehr i pi• g ng � �1 ? � � ♦t 1 �F \ a$ t-. 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