HomeMy WebLinkAboutCity of Tamarac Resolution R-90-090Temp. Reso. #5742'
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-90- ,w
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT AND COVENANT
RUNNING WITH THE LAND WITH AUTO CARE CENTERS OF
TAMARAC, INC., PERTAINING TO ENCROACHMENT OF CAR
WASH EQUIPMENT UPON A UTILITY EASEMENT FOR THE
AUTO CARE CENTER OF TAMARAC PROJECT; AND PRO-
VIDING 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 Covenant running with the
land with Auto Care Centers of Tamarac Inc., pertaining to
encroachment of car wash equipment upon a Utility Easement for
the Auto Care Center of Tamarac project, a copy of said agree-
ment 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, Florida.
SECTION 3: This Resolution shall become effective immedi-
ately upon adoption.
PASSED, ADOPTED AND APPROVED, this day of
1990.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
ALAN F, RU P--
INTERIM CITY ATTORNEY
NORMAN ABRAMOWITZ
MAYOR
RECORD OF :COUNCIL VOTE
MAYORv j R Mow ITS
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AGREEMENT AND
COVENANT RUNNING WITH THE LAND
0 THIS COVENANT, made this 3 day o 060, 100' by and
between AUTO CARE CENTER OF TAMARAC, a Florida corporation
(hereinafter referred to as "Developer), and CITY OF TAMARAC,
FLORIDA (hereinafter referred to as "Tamarac").
W I T N E S S E T H
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
WHEREAS, Developer is building and Auto Care Center on said
poperty and in the course of said construction has erected Car
Wash Equipment which may encroach upon a Utility Easement recorded
in O.R. Book 14584 Page 163.
WHEREAS, said Car Wash Equipment is described on the "As
built" plans for Tamarac Auto Care Center prepared by Davis
Associates, Inc. and dated August 20, 1987, a copy of which is on
file with Tamarac.
WHEREAS, Tamarac requires that Developer hold Tamarac
Harmless against any expense removal of said Car Wash Equipment.
I* NOW, THEREFORE, in consideration of the premises and the
mutual covenants herein contained, the parties hereto hereby
agree as follows:
1. 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.
•
2. This Agreement contains the entire Agreement between the
parties relating the subject matter hereof. No amendment shall be
banding unless reduced to writing and executed by both parties
hereto.
3. This Agreement shall run with the land and bind
Developer, its agents, heirs, successors and assigns and
subsequent owners of the aforesaid described real estate.
IN WITNESS WHEREOF, the parties hereto have executed this
(Agreement as of the day and year first set forth above.
k�t'1 /Y J-3A
AUTO CARE CENTER OF TAMARAC
By:
Martin P. Heise, President }*.
Duly Authorized Officer
By: 'y-
Gerald S. Berson
Corporate Secretary
CITY OF TAMARAC, FLORIDA
-75d!5"
N.W. 88TH Avenue
Tamarac, Florida 33321
B y = Ii "� -U� F� L i3�
Nb man Abramowitz, ayor
Du A oe icer
B5HEBY
'Z
n P. Kelly, Manager
I CERTIFY tqaV I have
approved the form and
co
L7r tness f is document.
-
C�
E
STATE OF FLORIDA )
SS:
COUNTY OF BROWARD)
Before me personally appeared _�Q►2T�n�'L}-�LiSF_-�
to me we-known`ana`CCnown `to `o me tbe t4 per`sonTsT--acscr_,.i6ed
in and who executed the foregoing instrument, and acknowledge to
and before me thatijilf, executed said instrument for the purposes
therein expressed.
WITNESS my hand
/CE _ A. D. 19 ED .
and official seal, this IS- day of
My commission expires:
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD
4ta --� u i c '�""`
State of Florida at Large
NnloR GLT� STAVE I FLOFiCP,
Ny CUNHISSION EXP. AUG
Before me personally appeared.c�
- 1---`-� - -- - .c
to me weTT 'nown ana_k t to 6e-t)�--- - ---T
e person�sj aescrlbed
in and who executed the foregoing instrument, and acknowledge to
and before me that executed said instrument for the purposes
therein expressed.
WITNESS my hand and official seal, this 3 day of
---
-- A. D. 19 J92. --
----- not----a-ry_13ubT1 -c -----------
State of Florida at Large
My commission expires:
NOTARY PUBLIC STATE OF FLORIDA
NY CONNISSION EXP SEAT 17,1990
RDNDED TOW GENERAL INS. M.
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LEGAL DESCRIPTION: J
THE NORTH 175.00 FEET OF PARCEL "SDI, LESS THE EASTERLY 125.00 FEET
THEREOF, "TAMARAC LAKES SOUTH", A SUBDIVISION AS RECORDED IN PLAT
BOOK 62, PAGE 24, IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA
AND
THE SOUTH 45.00'OF THE NORTH 220.00'OF PARCEL "S" TAMARAC LAKES SOUTH.
A SUBDIVISION AS RECORDED IN PLAT BOOK 62, PAGE 24, BROWARD COUNTY,
FLORIDA AND ALSO INCLUDING THE WEST 50.00' OF VACATED RIGHT OF WAY OF
PROSPECT ROAD, LYING ADJACENT THERETO, AS RECORDED IN O.R.B. 3513,
PAGES 208 and 209 BROWARD COUNTY FLORIDA
NW
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