Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-98-1471 Temp. Reso. #8245 April 29, 1998 1 CITY OF TAMARAC RESOLUTION NO. R-98-1417 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 VALUE DINING OF TAMARAC, INC., FOR THE GOLDEN CORRAL OF TAMARAC PROJECT, LOCATED AT 7401 WEST COMMERCIAL BOULEVARD, TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE WHEREAS, Value Dining of Tamarac, Inc., the developer of the Golden Corral of Tamarac Project is proposing a restaurant located at 7401 West Commercial Boulevard (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, Value Dining of Tamarac, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Golden Corral of Tamarac Project; and I-] 1 Temp. Reso. #8245 April 29, 1998 2 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Value Dining of Tamarac, Inc., be approved and executed for the Golden Corral of Tamarac 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 Value Dining of Tamarac, Inc., for the Golden Corral of Tamarac 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 Value Dining of Tamarac, Inc., for the Golden Corral of Tamarac Project located at 7401 West Commercial Boulevard. 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 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 1 Temp. Reso. #8245 April 29, 1998 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 c2 7 day of , ..; ATTEST: &val�fz� CARO OLD, CMC/AAE Ory CLERK I HEREBY CERTIFY that I have appyoXed this RESOLUTION as TR/dav/tk a < ITCHELL S. KF CITY ATTORN �� A�- JOE SCHREIBER MAYOR RECORD OF COMMIS MAYOR SCHREIBER DIST 1: COMM, McKgYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBFRTc VOTE EXHIBIT 1 TEMP. RESO. # 8245 a A is W W W ID W W W \\ COMMONS > 67 ST ¢ \ BELLE r: z CpGpN), W W TERRE > OF d ¢ 66 ST a C W\ W Q TAMARAC m N i- \ U ¢ W W MAINL NDS S1S//// W W ¢ 65 ST UN I V, 64 CT y W SH❑PPES OFCS. 64 ST 64 ST W W W W W w W EGAN W W W W PLAT W W W W y Q > 63 63 CT IEW bR, W \\� H n a ¢ > CT L7 n REEN ILLAGE W 63 ST 63 ST 62 CT WATER THUMB SgUARE � SAINT 62 ST 62 ST4 PLAINT v �' Z MALACHY a > > //n LJ ¢o a � HTER, TER. > n n N n i. cEDGEW 61 TER) ST CURTIS 61 ST ¢ > ¢ r a' FIELD NATIONS N ANDS SE 10 / / / n PLAT BANK 60 ST 76 ATERSID 60 ST LAND SEC. 10 �' �4 T4 r i 59 ST r/r EARTLAND o TAMARAC co 58 CT ¢ > ¢ T IL ¢ 11 a, 59 M WAY PLAZA raw n 58 ST �, a 58 ST a BLOCK 00 n 57 PL n / ^ o BUSTER `� g n BIG LOTS MAI L D SEC 9 >Q r UNITED B❑ST❑N PLAZA 57 DR DR a > a STATES CHICKEN Z 57 CT _ n 57 CT r n ❑FFICE z W ca 57 ST ¢ Z Y (J W a Q r O J ¢ r U Y F- q [n H my t� d x W 0 Z L7 J W Q T D 9Q (nQ Qd' � N U J W © Z ¢Q W �-- V-- O U QYd ..,.:ti, ¢ Ff-1 L7 Z W W ¢ (n w Li 2R n U d' ¢� I-FQ Q �� .�.�QdA f� �Y ~� < 0 W U Li Fa Li C❑MMERCIAL DIVD (CO RD. 870) SITE LOCATION LAUDERHILL 2245.DWG GOLDEN CORRAL OF TAMARAC BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT EXHIBIT 2 Temp. Reso.#8245 TAMARAQ UTILITIES BLANKET PUBLIC aAFETY. INGRE /EGRES SEMENT PROJECT: Golden Corral of Tamarac (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this K day ofZ, 199 S"' , by Value Dining of Tamarac, Inc., having an address of 6501 Palm Trace Landing. #107, Davie, FIgrida 33314„ -, (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, maintenance to existing canals, fire protection, police protection, emergency and other public safety services. It is acknowledged that Grantor, or its successors, intends to construct a restaurant and other improvements upon the above -described property, and nothing contained herein 961010 1 Bpsiee.wpd E • r� 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. 961010 2 Bpsiee.wpd IN WIAIESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year firs ab ve written. Value Dining of Tamarac, Inc. By. Type Na�e M*fn—Y Faguzldes / pe Name Steve Markley 68 oraR� �ecreta p ry President (Corporate Seal) STATE OF FLORIDA : : SS COUNTY OF BROWARD 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 Steve Markley to me known to be the person(s) described in and who executed the foregoing instrument and T he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this Zt day of r• 1 1990 ', f� i Michael Christiansen j TA PUBLIC, State of Florida * *My Commission CC717539 / at Large Expires February 18, 2002 (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( )C) PersonalIv know to me, or ( ) Pro uced identification MIA Type of I.D. Produced ( ) DID take an oath, or (X) DID NOT take an oath. 0 961010 3 Bpsiee.wpd • • ATTE B� Ro . Noe, Jr., City Manager ATTEST - By: Carol A. Gold, C/AAE City Clerk STATE OF FLORIDA SS COUNTY OF BROWARD I HEREBY CERTIFY that on this day, pfores_aicl and in the CQunty aforesaid described in and who executed before me and under oath that 199 ACCEPTED BY CITY OF TAMARAC GRANTEE l ` By: Joe Schreiber Mayor , Date: ' `' By: l `� ` -i rt S. Noe, Jr., City Manager Date: /A/ , a Mitcge P. Kraft, City Attorney before me, an Officer duly authorized in the State to take acknowledgments, personally appeared L to me knol5to be the person(s) regoing instrument and acknowledged _ executed the same. WITNESS my hand and official seal this ,--Z? day of , {iv pUi:F;C1AL NOTARY SEAL OtiP '9<- P14YLLIS POLIKOFF 2 i n COMMISSION NUMBER e 6;C390392 �j 4� MY COMMISSION EXP. Fps FVo SEo7 23 1998 Personally known to me, or ( ) Produced identification &L6, ��� NOTARY PUBLIC, St f Florida at Large A/vz//5 P01'110� (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. 961010 rd Bpsiee.wpd AFFIDAVIT 5HALLB COMPLETED WHEN MORTGAGEE -SIGNAT-LJRE 15 NOT APPLICABLE I Steve Markley do hereby affirm that I am therresident of and that I have executed a Blanket Public Safety Ingress / Egress Easement with the City of Tamarac for Golden Corral 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. FURT ER AFFIANT SAYETH NOT. ignature) ThisZZday of APILk STATE OF FLORIDA : SS COUNTY OF $xawARD 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 Steve Markley to 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 _U day of r• , 199 ,k,- n Ik T Y PUBLIC, State of Florida sv"f Michael Christiansen at Large **My Commission CC717539 �qN•` Expires February 18.2002 (�) Personally know to me, or ( ) Produced iclentification (Name of Notary Public: Print, Stamp, or Type as Commissioned) NIA Type of I.D. Produced ) DID take an oath, or (X) DID NOT take an oath. 0 961010 Bpsiee.wpd PYWT14TT M • LEGAL DESCRIPTION: A portion of Parcel "A" of "BLATT COMMERCIAL PLAT", according to the plat thereof as recorded in Plat Book 133 at Page 45 of the Public Records of Broward County, Florida, being more particularly described as follows: BEGIN at the northwest corner of said Parcel "A"; thence N89'32'45"E along the north line of said Parcel "A" for 300.18 feet; thence SOO-27'15"E for 280.96 feet to the south line of said Parcel "A"; the following three (3) courses being along the south line of said Parcel "A"; (1) thence S89'32'45"W for 62.98 feet; (2) thence S00'27'15"E for 12.00 feet; (3) thence S89' 32'45"W for 232.07 feet to the southwest corner of said Parcel "A"; thence N01'27'28"W along the west line of said Parcel "A" for 293.00 feet to the POINT OF BEGINNING. �J 0 �J ml 5 •I I � I I v � O I a � I � I nnnnnp ICJ a I � d --- ______—__ ,l � I I L® '----------'-'-- — �s►.cz.00s T --� — — — 4 4 !. z a U w 7 �aaivwi i:� 4y� (SJ.aVd oind iNnoosla) l�: 30Vd 1V 't N008 1.V-ld aid swae.A nn8l 3-leo13anv-i l�joj 1 r r 1 r `ri of 3 �I �7 iI - � ^ _ZS � 12 W) 2 cl I III ��� b�bld 41414 I Sr