HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-033Temp. Reso. No. 12471
March 26, 2014
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014 - 33
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING THE ENCROACHMENT
AGREEMENT BETWEEN THE CITY OF TAMARAC AND HOWARD
BIRD, ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED
HEREIN; AUTHORIZING AND DIRECTING THE CITY MANAGER, OR
HIS DESIGNEE, TO TAKE ANY AND ALL ACTION NECESSARY TO
EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Howard Bird is seeking to sell the real property located at 2801 N.W.
51 St Place, Tamarac, Florida (the "Property"); and
WHEREAS, while reviewing the title work for the property, counsel for Mr. Bird
was advised that a small portion of the Property encroached onto the public right-of-
way; a n d
WHEREAS, counsel for Mr. Bird has requested that the City enter into an
encroachment agreement with Mr. Bird in an effort to facilitate Mr. Bird's sale of the
Property; and
WHEREAS, Mr. Bird has committed to ensure that the Property will be
maintained in compliance with the City's Code of Ordinances in the event that he is able
to sell the same; and
WHEREAS, the City's professional staff has reviewed the encroachment
agreement attached hereto as Exhibit "A", and recommends the execution of the same;
• •J
SSG/JGH 3-21-14
Temp. Reso. No. 12471
March 26, 2414
Page 2of3
WHEREAS, the City Commission finds that entering into the encroachment
agreement attached hereto as Exhibit "A" and incorporated herein, is in the best
interests of the citizens and residents of the City.
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. The City Commission hereby approves the encroachment
agreement between the City of Tamarac and Howard Bird, attached hereto as Exhibit
"A" and incorporated herein.
Section 3. The City Commission hereby further authorizes and directs the City
Manager, or his designee, to take any and all action necessary to effectuate the intent
of this resolution.
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repealed to the extent of such conflict.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.
SSG/JGH 3-21-14
Section 6.
and adoption.
Temp. Reso. No. 12471
March 26, 2014
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This Resolution shall become effective immediately upon its passage
PASSED AND AD PT D BY THE C TY CO ISSION OF THE CITY OF TAMARAC,
FLORIDA THIS I DAY OF 92014.
CITY OF,TAMARAC, FLORIDA
DRESSLER,
ATTEST:
PATRICIA TEUFEL, CNII
CITY CLERK Y "
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: WM GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
SAMUEL S. GOREN
CITY ATTORNEY
SSG/JGH 3-21-14
dk
s
ENCROACHMENT AGREEMENT
it 4THIS I AN ENCROACHMENT AGREEMENT ("Agreement"), entered into on or about
0-, q , 2014, by and between THE CITY OF TAMARAC, a Florida municipal
corporation with principal offices located at 7525 N.W. 88th Avenue Tamarac, FL 333215 (""CiW)
and HOWARD BIRD, an unremarried widower, address: PO Box 18 - W. Nottingham, NH 03291
("Owner" ).
In consideration of the mutual covenants and the conditions contained in this Agreement,
and other good and valuable consideration, the adequacy and receipt of which are hereby
acknowledged, the parties agree as follows:
1. Pursuant to Resolution No. J�.�dopted at its meeting of
�i ,the City of Tamarac City Commission authorized the proper CITY
off?cials to enter into this Agreement.
2. Owner is the owner of certain real property generally located at 2801 N.W. 51 st
Place, Tamarac, FL 33309, more particularly described as:
LOT 34, BLOCK 8, OF SUBDIVISION TAMARAC LAKES NORTH,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 61, Page 7, OF THE PUBLIC RECORDS OF BROWARD
COUNTY (the "Property").
3. A portion of the Property, or the Owner's use thereof, encroaches into the CITY's
Right -Of -Way, as more particularly described on Exhibit "A", attached hereto and incorporated
herein by reference ("Encroachment Area").
4. The City hereby grants Owner permission to encroach in the CITY's Right -Of -Way
described as follows: That portion of the Property boundary along N.W. S 1 st Place and N.W. 28th
Avenue, as more particularly described in Exhibit A.
5. Owner shall maintain the Encroachment Area on the City's right-of-way and pay any
and all real estate taxes due and payable thereon. Owner shall comply with any and all City codes,
ordinances, rules and regulations and pay any and all liens or fees related to the Encroachment
Area.
6. Owner, for themselves and their heirs, successors and assigns agree to indemnify and
hold the CITY harmless from any and all liability incurred now or in the future as a result of any
claim, injury, death or property damage, directly or indirectly resulting due to the existence of, or
the failure to maintain the Encroachment Area or any part of it and for failure to comply with this
Agreement. This paragraph shall survive termination or expiration of this Agreement.
7. This Encroachment Agreement may be cancelled by the CITY upon sixty (60)
calendar days written notice if it is determined by the CITY that there exists a material risk to the
public safety arising from the Owners use of the Encroachment Area. In the event of a material risk
to the public safety, prior to termination, CITY shall provide written notice to Owner and Owner
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shall have a reasonable time, not to exceed five (5) business days to cure.
8. The City and Owner agree that the Encroachment Area shall not be expanded.
9.
This Agreement shall not be effective until
it
has been
executed by all parties and
recorded
in
the
Public
Records
of
Broward
County,
Florida,
at
Owner's
expense.
10.
The
provisions of this Agreement are
covenants running with the land described as
the
Property
above,
and
are
binding
upon Owner and
their
respective
heirs, successors and
assigns,
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
CITY
BY:
WITNESSES:
Print Name
Print Name
ATRICIA TEUFEL. CffYI CLE
APPROVED AS TO FORM.
AMUEL S. GOREN, CITY ATTORNEY
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HARRY DRE S S LER, MAYOR
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.4
Print Name
STATE OF at) �)-Ss
COUNTY OF )
OWNER
By:
Prin
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared +40At
,vt� I?Dp, ,and acknowledged that the has
executed the foregoing instrument for the use and purposes mentioned in it and that the instrument is
the act and deed of who is personally known to me or has produced
as identification.
SWORN TO AND SUBSCRIBED BEFORE ME this it —
i00011241.DOCX )
day of ,2.r1 2014.
My Commission Expires:
V I A KA1 REILLY
Pub! - Nei+ Htr hIM
llr�yC arttnteeion Expires WOW Ill 2017
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