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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-033Temp. Reso. No. 12471 March 26, 2014 Page 1 of 3 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 All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 Page 3of3 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 {00011-241.DOCX } Page 1 of 1 C:\Users\jlipinski\AppData\Local\Microsoft\Windows\Tempomry Internet Fi1es\Content.0ut1ook\L8A0RU 1 P\Encroaclunent Agreement (00011241 xC4B6A).docx 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 { 00011241. DOCX } HARRY DRE S S LER, MAYOR Page 2 of 2 C:\Users\jlipinski\AppData\Local\Microsoft\Windows\Temporary Internet Fi1es\Content.0ut1ook\L8A0RU 1 P\Encroachment Agreement (00011241 xC4B6A).docx r .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 Page 3 of 3 C:\Users\jlipinski\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\L$AORU 1 P\Encroachment Agreement (00011241 xC4B6A).docx