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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-326Temp. Reso. #8825, November 4, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- -M-6 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 INTOWN SUITES COMMERCIAL BOULEVARD, INC., FOR THE INTOWN SUITES PROJECT, LOCATED ON THE NORTHEAST CORNER OF COMMERCIAL BOULEVARD AND NW 82nd 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; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Intown Suites Commercial Boulevard, Inc., the Developer of the Intown Suites Project, located on the northeast corner of Commercial Boulevard and NW 82nd Avenue (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 WHEREAS, Intown Suites Commercial Boulevard, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Intown Suites Project; and Temp. Reso. #8825, November 4, 1999 2 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Intown Suites Commercial Boulevard, Inc., be approved and executed for the Intown Suites 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 Intown Suites Commercial Boulevard, Inc., for the Intown Suites Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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 Blanket Public Safety Ingress/Egress Easement (attached hereto as "Exhibit 2") with Intown Suites Commercial Boulevard, Inc., for the Intown Suites Project, located on the northeast corner of Commercial Boulevard and NW 82nd Avenue. SECTION 3: That 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. #8825, November 4, 1999 3 0 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. a`9�. PASSED, ADOPTED AND APPROVED this day of , 1999. ATTEST: U CAROL GOD, CMC/AAE CITY CLERK HEREBY CERTIFY that I have a ed this RESOLUTION as o for . MITCHELL S CITY ATTO 0 MW/krs/mg JOE SCHREIBER MAYOR RECORD OF COMMIS MAYOR _ SCHREIBER DIST 1: COMM. PORTN DIST 2: V/M MISHKIN DIST 3: COMM. SULTAP DIST 4: COMM. ROBEF VOTE EXHIBIT 1 • r� TEMP. RESO. #8825 +70 ST a obZ 70 CT �] rn V J Y F-• r' 7 WV) 7 Q ] Z 0 LLJW❑❑DM❑NTv❑ ❑ a W o❑. ❑ a¢ a 0 W o CL CL Ocl �¢ w Z % Z as w? COMMONS � PLAZA Dt y v L L L W W r Mc NAB ROAD W �• �• y W y y W C❑NC❑RD VILLAGE W WOo LANII LAKES• Y W W W LY1• •Y �• `W❑❑ W a y •V LA + L r o L W W W V \ W •Y �• W T S. +' •Y 'V 'V W W v SANDS POINT ��• ; �' + y m L y y a COL. W. \\ W W V W W CANNpN Y + y r CLUB N\ LAND } SEC. 9 W W GAT HOUSE �\\ W �4CQ�Ny C W W x\ y �• 2 VCaSA L w W a 4 ILLCS GAaDCNS W RAL W W o \\� C L M S W �\\� . y ❑LF CAMAS �\ 4 \�\\ \\ �\ ��NN V LLAS + W W W W R❑KEST y S COLONY CIR. y PO1NC w APTS. W W S�w`�S LAGgS PARKW❑ y y y y L W W W W •Y Y y' W W W W W •Y 1• Y •Y i `Y •Y 'Y •Y Y Y a y W W WEDGES W W W W W `�W W W V GOLF C❑URSE, W ,i• i' W W \ �\ W W X\ FAIRVIEW jJR WYY W .V W y L 6 \' W V \N W W r BOARDWALK APTS w\�:�\ W .� q 61 ST Q/ BOARDWALK APTS. Q % 59 PL Lil Q j ¢ 59 CT g ISLES rw- J MAINLAND m 59 ST UNIT 13 CL r-c r 58 58 PL a PL w nau n a ~ 58 ST �Q 00 �D CD Lo co 57 DR w w MAI LA DS UNIT 1 57 LN n ]¢ REENH OD r 57 PL 12 aD 8741-8767 57 CT ❑FC. BLDG 57 ST CHEVRON FAIRWAYS vm 61 ST 59 PL T ] 59 CT cn S 59 ST °0 58 62 CT �! GEW TER) 61 } a 7(DT ao a w a i ao co WATERSIDE 60 ST MAI L NDS a Li58 CT UN T lj/,. cn 58 , EARTLAND aY �$ S . c0 CT coN � OF TAMARAC �j ST ] 57 PL cor ¢ j FAIR1AVEN M ] _ // g co Q CD / n 57 CT NW 57TH ST SITE --tea x C3 LOCATION tHT wN a ,,, sorress fyOMMERCI7L-B'LVD, '--" _... INTOWN_SULDWG INTOWN SUITES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT "Exhibit 2" TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: INTOWN SUITES (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this 11 =day of 19'M, by INTOWN SUITES COMMERCIAL BOULEVARD,—INC. having an address of 2102 PIEDMONT ROAD ATLANTAt GEORGIA 30324 (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 0 WHEREAS, Grantor is the fee simple owner of the real property described on Exhibit "A" attached hereto "Property"); the 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, maintenance to existing canals, fire protection, police protection, emergency and other public safety services. 981208 1 Blanket Public Safety IngresslEgress Easement 0 �-1 • It is acknowledged that Grantor, or its successors, intends to construct a 121 ROOM HOTEL and other improvements upon the above -described property, and nothing contained herein shall be deemed to prohibit or restrict Grantor or its successors from constructing any buildings or improvements upon the property, subject to the requirements of Grantee or any other controlling governmental authority, and upon the construction of any building and improvements upon such property, the easement created hereby shall be subject to such improvements as are constructed 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. 981208 2 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. (GRANTOR) INTOWN SUITES COMMERCIAL BOULE VYAVg I�� By: By: "AG� Type Name�,111 3kck'CT: "_ Type Name MICHAEL SMITH Corporate Secretary VICE PRESIDENT, REAL ESTATE (Corporate Seal) STATE OF GEORGIA : SS COUNTY OF . i I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afor said and in the County aforesaid to take acknowledgments, personally appeared �1p 0-1S lb T.1 4 _ to me known to be the person(s) .described in and who executed the foregoing instrument and ue acknowledged before me and under oath that _ t4e executed the same. WITNESS my hand and official seal this IS- day of 199(1. ( "Personally known to me, or ( ) Produced Identification NOTARY PUWLIIMIB 1* EORG at Large cr P;P-� ' IN MAY 2Brg;-�J _ (Name of Nota ' rint, Stamp, or type as Commissio e ) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. • 981208 3 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: C . Jeff r L. Mlle City Manager ATTEST: By: 46P_ Carol Go MC/ City Clerk ACCEPTED BY CITY OF TAMARAC GRANT By: Joe S,6 reiber Mayor Date: By A 1\7 Je L. Mi r Ci Manager zw 5 By: STATE OF FLORIDA Mitch . Kraft, : SS City Attorney COUNTY OF&4vtt4' I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afar said and in the County aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who exelbuted the foregoing instrument and �hc acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of 199�_. ( Personally known to me, or ( ) Produced identification ( ) DID take an oath, or ( NOTARY PUBLIC, State of Florida at Large OFFICIAL NOTARY SEAL MARION SW ENSON NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC605215 (Name of hAWMAI Y I P, or Type as Commissioned) Type of I.D. Produced .-t51D NOT take an oath 981208 4 Blanket Public Safety Ingress/Egress Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I `� wC ors/i do hereby affirm that I am the k_;41 a)- zw�-6 I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for THE- INTOWN SUITES 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. FURTHER AFFIANT SAYETH NOT. yam' (Signature) This fsfday of STATE OF GEORGIA : SS COUNTY OF I I O�J : , 199?. .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 W11CAINPI alh"S:dto me known to be the person(s) described in and who executed the foregoing instrument and HE_acknowledged before me and under oath that He executed the same. WITNESS my hand and official seal this l��day of IS ell, ..__ 199 -. (Personally known to me, or ( ) Produced Identification NOTARY PU ,:72RkCA afalb at Large ° IA C) (Name of Nota or type as Commissioned) Type of I.D. Produced IA nt, Stamp, ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 5 Blanket Public Safety ingress/Egress Easement C� • • ASSOCIATED ENGINEERS & SURWYORS Sheet I of 2 OF SOUTH FLORIDA, CORPORATION See Sheet 2 of 2 for GONSUILTING ENGINEERS - LAND SURVEYORS Legal Description 73M GRIFFIN RDA, SUITE 103 DAVIE FL 33314 PHONE C9343 791-�8110 FAX, [954) 791-133e Of Easement. EXHIBIT NAw - SKETCH AND DESCRIPTON - NOTE: THIS IS NOT A SURVEY BUT ONLY A GRAPHIC REPRESENTATION OF THE DESCRIPTION SHOWN HERON. PROPERTY BOUPMRRY OF INTOWN SUITES (TAIVIRAC) NV 57TH STREET 446.00' N. LINE, BLOCK 6 F-. • I 1 I 1 1 I Z I I �NTUWN SUITES SATE _ LYON4 COMMERCIAL SUBIbIVISION �.R 69, PAGE 42 a LOT 9 LOT 8 LOT 7 BLOCK 6 i BLOCK 6 I BLOCK 6 I I WEST CLIMMEReiAL DLVD. ASSOCIATED ENGINEERS & SURVEYORS OF SOUTH FLORIDA CORP. •L.6.00006827 •E.B. f0007846 I I I 1 1 I I I I I I x I 1 I I I 1 C I I I I I 1 THE W. 66' 1 OF LDT 6 1 BUCK 6 I I 1 I I 1 I I I I I LINE, BLOCK 6 l I HEREBY CERTIFY: THAT THE ATTACHED SKETCH AND BY, DESCRIPTION CONFORMS TO CHAPTER 1 21HH-6.06 (1) (FLORIDA FaM=M A Arse. Pc_ Pis ADMINISTRATIVE CODE), MINIMUM 01=1 E ® • =457 TECHNICAL STANDARDS FOR LAND REGUIsr T wwrl� IR t SURVEYING IN THE STATE OF FLORIDA, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF UPDATES/REVISIONS BY, NOTEt The undersigned and ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORIDA CORPORATION make no representations or guarantees as to the completeness of the Information reflected hereon pertaining to easement. right-of-way set back lines, reservations, agreements or other matter of record. This Instrument Is Intended to reflect or set forth only the Information shown In the reference above. ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORIDA CORP. Did not research ppuublic record natters affecting the land shown% NOTES This Instrument Is the property of ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORMA, CORP. And shall not be reproduced In whole or In part without written ppermission of ASSOCIATED ENGINEERS AND SURVEYORS OF SOUTH FLORIDA CORPORATMR SCALE DRAWN Bri CHECKED eri FJP.G f�Rtl,1ECT+ NITSXFA FAA 99'Mz It ASSOCIATED ENGINEERS a SU�WYORS�L OF SOUTH FLORIDA, CORPOON SHHSl 2OP2 ClirpSlA.TlNG EN6BB�RS - SIMSHEff1OF1FOR 13FFiNRIA.MWVM2 4 MITCH OF BASIMMU CAR4) FB1_l110r['ma2" EXHIBIT "A" - SKETCH AND DESCFU rK)N - DESCRIPTION OF PROPERTY BOUNDARY OF INTOWN SUITES (TAMARAC)- L ots 7,8,9 and the West 66.00 feet of lot 6, block 6 of the subdivision of "Lyons Commercial Subdivision', according to the Plat thereof as recorded in Plat Book 69, at Page 42 of the Public Records of Broward County, Florida. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida, and containing approximately 130,680 Square Feet or 3.00 Acres. ASSOCIATED ENGINEERS A SURVEYORS OF SOUTH FLORIDA CORP. 'L.B.*0006 t7 'E.B.f0007R46 '11 FRAM= A AaREUTTUED PL PLR. LANDSUA r 701r wrmiurvera aasr ZrAIC IF FLOIIDA I HEREBY CERTIFY: THAT THE ATTACHED SKETCH AND DESCRIPTION CONFORMS TO CHAPTER IINN-6.06 0) (FLORIDA ADMINISTRATIVE CODE), MINIMUM TECHNICAL STANDARDS FOR LAND SU1111"NO IN THE STATE OF FLORIDA. AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF UPGATESPA VI&ONS NOTE' The undersigned and ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORIDA CORPORATION make no representations or guarantees as to the completeness of the Information reflected hereon pertaining to easement, right-of-way set back limes, reservations, agreements or other natter of record. This Instrument Is Intended to reflect or set forth only the Information shown In the reference above. ASSOCIATED ENGINEERS L SURVEYORS [IF SOUTH FLORIDA CORP. Did not research %publk record matters affecting the land shown, NOTEi This Instrument Is the property of ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORIDA. CORP. And shall not be reproduced In whole or In part without Britten permission of ASSOCIATED ENGINEERS AND SURVEYORS OF SOUTH FLORIDA CORPORATION. I SCAU N�'TS I DRAWN Rn 7fFA I CHECKED RP FAN I f.AP.G ( PROJECT ow 99-MR I 11/05/1999 12:03 404-875-7427 INTOWN SUITES PAGE 01 N Ga/N Piedmont Road• Atlanta, Georgia 30324 * 404.875.7910 Fax November 5, 1999 VIA FACsmME (954) 724-2406 City of Tamarac Utilities Department Attention. Kurt Dear Kurt: 9544 The purpose of this letter is to notify you that Michael Smith is authorized to sign all building contracts, developer's agreements and easements in the name of Intown Suites. Should you require additional information or have any questions, do not hesitate to contact me at (404) 875-7910, extension 109. Sincer s, 15 5 �f David Vickers President c: Michael Smith 0