HomeMy WebLinkAboutCity of Tamarac Resolution R-93-128Temp. Reso. # 6542
CITY OF TAMAR.AC, FLORIDA
RESOLUTION NO. R-93-I
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT AND
COVENANT RUNNING WITH THE LAND (HOLD
HARMLESS AGREEMENT) WITH REGENCY HOMES,
INC., FOR A WALL CROSSING OVER A 15-FOOT
WIDE UTILITY EASEMENT FOR THE WOODMONT
TRACT 56 PROJECT PROVIDING AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City Officials are
hereby authorized to execute an agreement and Convenant Running
with the Land (Hold Harmless Agreement) with Regency Homes,
Inc., for a wall crossing over a 15-foot wide utility easement
for the Woodmont Tract 56 project, a copy of said agreement
being attached hereto as "Exhibit 1".
SECTION 2: That the City Clerk is hereby authorized and
directed to record said agreement in the public records of
Broward County.
SECTION 3: This resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this 1 day of ,1993.
ATTEST:
�2�d--.
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
as
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4
S
i% AYOR
DIST 1:
DIST. 2:
DIST. 3:
DIST. 4:
H L . BENDER Y-
E
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AGREEMENT AND
OVENANT RUNNING WITH THE LAND
FOR: Woodmont Tract 56
THIS COVENANT made this' J9 day of 1-99,1�oy and
betwan Regency Homes, Inc.
having an address of 2826 North
University Drive, Coral Springs, FL 330�ireinafter referned to as "Developer"), and
CITY OF TAMARAC, FLORIDA having an address of 7525 N.W. 88 Avenue, Tamarac, Florida
33321 (hereinafter referred to as "Tamarac").
WITNESSETH:
WHEREAS, Developer is the owner of a parcel of land in the City of Tamarac, County
of Broward and State of Florida described in Exhibit (A) attached hereto and hereby incorporated
herein by reference; and
Ya EAS, Developer is building a subdivision on said properly and in the course of
said construction has erected a wall in ° a Utility Easement which is recorded P.B. 123
Page 44 as shown in Exhibit (B).
WHEREAS, said wall is described on the site plan for Woodmont prepared by
Tract 56
Consul -Tech - .and dated, a copy of which is on file with Ta**!a=
Engineering, Inc.
WHEREAS, Tamarac requires that Developer hold Tamarac harmless against any expense
of removal of said wall
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NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained, the parries hereto hereby agree as follows:
1. Developer shall remove said encroachment at such time as Developer shall be
required to do so by Tamarac or any lawful titleholder to said easement.
Z. Developer shall hold Tamarac harmless from and indemnify Tamarac against all
claims, liability and expense arising from the aforesaid encroachments, including the expense of
removing and relocating same.
3. Developer shall place a plaque on the wall and shall state as follows:
"This structure may be ordered removed by the City of Tamarac at no cost to the City
should its removal become necessary to repair any utility line. The cost of removal shall
be borne by Regency Homes, Inc. , its successors and assigns".
• 4. This Agrotment contains the entire Agreement between the parties relating the
subject matter hereof. No amendmenoball be binding unless reduced to writing and executed
by both parties hereto.
5. This Agreement shall run with the land and bind Developer, its agents, beirs,
successors and assigns and subsequent owners of the aforesaid described real estate.
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IN WITNESS WHEREOF, Grantor has her o set his hand and ten.
s on th day and year first above wr t
TEST: COR
C ,porate Secretary 7
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 takq acknowledgement , personally appeared
Lc EAO - Ei to me known to be
the person(s) described in and who executed the foregoing
instrument and A4.1. acknowledged before me that fig, executed
the same.
TION:
President
(Corporate Seal)
WITNESS mY hand and official seal this day of
77—
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Personally known to me, or
Produced Identification
PUBLIC
e
SUSAN D BYRON
NOTARY PUBLIC SPATE OF FL @RIDA
COMMISSION NO. CCCIS6401
( c:
Print, Stamp or Type as
Commissioned)
Type of I.D. Produced
DID take an oath, or ( / ) DID NOT take an oath.
930520
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BPSIEE
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ATTEST
MBy Aou�- V
je*�. ��' fan
City Manager t�
b1Y"1c�. Y C_-p_�'rAC'TT
ACCEPTED BY CITY OF TAMARAC,
GRANTEE
By
H. Ben r,
Mayor �1
Date:_7�---
ATTEST:
• Bye-��7��_ BY
Carol A. Evans,
City Clerk
CITY 4F TAMA RAC
APPROVED AT MEETING OF ) 2 - -j --�3
STATE OF FLORIDA
COUNTY OF BROWARD
M �
City Manager DShc%-c��r'rYlcs{-�
App o ed as to form:
Y
Mitchell K aft
City Attorney
SS:
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County
a orgsai o 6akkeer ackn rn d ments , personally appeared
�e� to me known to be the person(s)
who ex cuted the tor goin instrument, and ag-11- acknowledged
before me that kEeL executed the same.
WITNESS my hand and fficial seal in the State and County
la aforesaid, this �j-+ day of
A.A. 19 9�-
NO ARY PU LIC State of Florida
at Large ,1 Bpi OWENS WOOD
P. W COMMISSION N CC =140
!)rM: Jm 26, IM
(Name of No -
Print, Stamp, or Type as
Commissioned)
Personally known to me, or
Produced Identification _
Type of I.D. Produced
DID take an oath, or (X/) DID NOT taken an oath.
MAST-DOC
BPSIEE
C� J
930520
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BPSIEE
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Exhibit A
LOCATION SKETCH
NOT TO SCALE
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LEGAL DESCRIPTION
WOOD ONT TRACT 56 A0001RUNG TO THE PLAT THEREOF AS RECORnW /N
PLAT BOOK 12.E PAGE 44 OF THE PUBW REDS OF BRC WARD COUNTY. FLMDA.
0
CONSUL -TECH ENGINEERING, INC.
Consulting Engineers o Landp(anners o Land Surveyors
CIrE 50 East Sample Road 4th Floor
Pompano Beach, Florida 33064 (305) 785- 8400
-SKETCH AND DESCRIPTION --
NOTE: THIS IS NOT A SKETCH OF SURVEY. BUT ONLY A GRAPHIC DEPICTION OF
THE DESCRIPTION SHOWN
HEREON.
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LEGAL DESCRIPTION
A portion of lands lying in Parcel
Woodmont Tract 56, an recorded in Plat
Book 123, Page 44 of the Public Records
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of Broward County, Florida, being more
for /G
particularly described as follows:
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Commence at Northeast corner of said Parcel
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"A", said point being the POINT OF BEGINNING;
thence South 00012'16" East, a distance of 655.25
feet; thence South 44'47144" West, a distance of
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35.00 feet; thence South 89*47044" West, a
distance of 225.25 feet; thence North 00012'16"
West, a distance of 12.00 feet; thence North
89'47'44" East, a distance of 230.18 feet;
thence North 44'47044" Rant, a distance of
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20.96 feet; thence North 00-12116" West, a
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distance of 653.18 feet; thence North 89*4714411
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Bast, a distance of 5.00 feet, to the POINT OF
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BEGINNING; Said lands lying in the City of
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Deerfield Beach containing 0.1410 acres of land,
more or less.
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Bearings are based on north line of said Parcel
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"A" as being North 89 47' 44" EAST.
savvy G.•�c o.9�ce� :9" S 8 9' �i7 44- "U/ �zS. 2S
S-mz Y 'P/6, ZIAe
iuui JB t� ST�ee7'
I HEREBY CERTIFY
THAT THE ATTACHED SKETCH AND DESCRIPTION
CONFORMS TO CHAPTER 21MM-6.06 (1) (FLORIDA
ADMINISTRATIVE CODE), MINIMUM TECHNICAL
STANDARDS FOR LAND SURVEYING IN THE STATE
OF FLORIDA, AND IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF.
THIS DRAWING 13 NOT VALID UNLEU
IT GEARS AN ORIGINAL SEAL w SIGM7URE
91
61.03
MAYNAR H, THOMPSON WdiE
REGISTERED LAND SUR EYOR NO.3854
STATE OF FLORIDA
UPDATES/REVISIONS DATE BY CK'D NOTEr The undsrsigned and CONSUL -TECH D161NEERING INC. jnoke no
representations or guarantees a$ to the oen�pleh"" of tyre nn4ornwtlon
reflected hereon pertaining to oossnnnwe, rights -Of -way, set -back lines, reserva-
tions, ogreonneMs Or other 8101 rs of reoed. This lnMneeent is Intended to
reflect or 00 forth only those Items shown in the references above.
CONSUL -TECH ENGINEERM, INC. did not research the .pudic records for
matters affecting the lands shown.
NOTE: This instrument Is the property of CONSUL -TECH ENGINEERING, INC.
and shall not be reprodm ad : in whole or In part without Written permission
Of CONSUL -TECH EENGINI�G, INC. m
Job No. 9oaelo 16f4Wn By Srevc C_ Steer' / AF / F�.,y/,� p6 Scats