HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-021Temp. Reso. #11142
February 16, 2007
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007-_,),L
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A UTILITY EASEMENT ENCROACHMENT AND
HOLD HARMLESS AGREEMENT WITH BOCA
WAREHOUSING, INC. & ALPHA TAMARAC, LLC, FOR
STRUCTURES AND LANDSCAPING PLACED WITHIN
UTILITY EASEMENTS ON THE WASHINGTON MUTUAL
PLAZA PROJECT SITE LOCATED AT 5900 N. UNIVERSITY
DRIVE; AUTHORIZING AND DIRECTING THE CITY CLERK
TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS
OF BROWARD COUNTY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Boca Warehousing, Inc. & Alpha Tamarac, LLC, is the developerof the
Washington Mutual Plaza Project which is located at 5900 N. University Drive (a copy of
which is attached hereto in map form as "Exhibit 1 "); and
WHEREAS, Boca Warehousing, Inc. & Alpha Tamarac, LLC, has offered a Utility
Easement Encroachment and Hold Harmless Agreement to the City of Tamarac; and
WHEREAS, the developer shall hold the City harmless from any costs or
obligation to restore landscaping and structures as a result of any repair or
Temp. Reso. #11142
February 16, 2007
Page 2
maintenance to the utility easement or infrastructure; and
WHEREAS, the Director of Public Works and the Director of Utilities recommends
the acceptance and execution of this Utility Easement Encroachment and Hold Harmless
Agreement for the Washington Mutual Plaza 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 Utility Easement Encroachment and Hold Harmless Agreement with Boca Warehousing,
Inc. & Alpha Tamarac, LLC, for landscaping and structures placed within utility easements
on the Washington Mutual Plaza Project site.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
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 appropriate City Officials are hereby authorized to
accept and execute a Utility Easement Encroachment and Hold Harmless Agreement
1
1
1
Temp. Reso. #11142
February 16, 2007
Page 3
with Boca Warehousing, Inc. & Alpha Tamarac, LLC, for landscaping and structures placed
within utility easements on the Washington Mutual Plaza Project site (a copy of which is
attached hereto as "Exhibit 2") located at 5900 N. University Drive.
SECTION 3: 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.
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:
passage and adoption.
This Resolution shall become effective immediately upon its
Temp. Reso. #11142
February 16, 2007
Page 4
PASSED, ADOPTED AND APPROVED this 14+h day of ,
ATTEST:
- 1
ARION SWE S N, CM
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
S MUEL S. G N
CITY ATTOR Y
V ww
VFOPWAr/ I �i
BETH .. •
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
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HOLD HARMLESS AGREEMENT
TR#11142
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EXHIBIT 1
CITY OF TAMARAC. BROWARD COUNTY. FLORIDA
JIB oalr J" E. DOHEIP. P.E. SEC. 9. TWP. 49, ROE. 41
FL. NO. &4w
Exhibit 2 TR#11142
UTILITY EASEMENT ENCROACHMENT
AND
HOLD 14ARMLESS AGREEMENT BETWEEN
THE CITY OF TAMARAC
AND
BOCA WAREHOUSING TAMARAC, INC.
AND
ALPHA TAMARAC, LLC
rnr-rch
THIS AGREEMENT made this 1tt day of �, 2007 by and between the CITY OF
TAMARAC, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida
33321 (hereinafter called CITY) and BOCA WAREHOUSING TAMARAC, INC., a Florida corporation, as to
an undivided 66.66% interest, and ALPHA TAMARAC, LLC, a Florida limited liability company, as to an
undivided 33.34% interest, as tenants in common, having an address of c/o Butters Construction &
Development, Inc., Attn: Malcolm Butters, 6820 Lyons Technology Circle, Suite 100, Coconut Creek, Florida
33073 (hereinafter collectively called the OWNER), for the purpose of holding the CITY harmless for the
removal or destruction of landscaping and/or structures located on the OWNER's property and within a utility
easement held by the CITY.
WHEREAS, OWNER is the owner of a parcel of land in the City of Tamarac, Broward County, Florida,
more particularly described in Exhibit A (the "Property") attached hereto and incorporated herein by reference;
and
WHEREAS, OWNER has constructed or will construct landscaping and/or structures as part of its
improvements of the Property within nonexclusive utility easement(s) (the "utility easements") described in
Exhibit B (the "Recorded Raw Water Line and Well Easement"), attached hereto and incorporated herein by
reference and recorded in Official Records Book 14092, Page 197, of the Broward County, Florida public
records (all references to utility easements in this Agreement shall refer and be limited to Exhibit B); and
WHEREAS, said existing landscaping and/or structures are described on the site plan for the Property
prepared by Kenneth Carlson and dated 10-2-04 , (the "Site Plan"), a copy of which is on file with
the CITY; and
WHEREAS, CITY is grantee of the utility easement(s) described above and has an obligation to
maintain and repair utility lines in order to serve the citizens of the City of Tamarac; and
WHEREAS, OWNER agrees to hold the CITY harmless for any expenses incurred by the CITY's use of
the utility easement(s) resulting in the destruction and/or removal of said existing and/or future landscaping
and/or structures; and
NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the
parties hereto agree as follows:
1. The foregoing recitals are true and correct and incorporated herein by this reference.
2. OWNER agrees to immediately remove at its own expense any encroachment located within the utility
easement(s) which impedes such easement or the exercise of the rights of use thereunder once notified by the
CITY of such encroachment.
3. OWNER shall hold harmless and indemnify the CITY from and against all claims, liability and expense
arising from the aforesaid encroachments, landscaping and/or structures, including the expense of removing,
relocating, restoring and replacing same.
4. CITY shall be held harmless by OWNER and shall not be responsible for the damage, destruction or
replacement of irrigation lines within the utility easement(s).
5. CITY shall be entitled to make emergency repairs to utility lines within the utility easement(s) without
prior notice to OWNER if giving notice would be of detriment to the health, safety and welfare of the citizens
of Tamarac.
6. OWNER agrees that any structures placed within the utility easement(s) shall be limited to minor
structures only, such as a sign, fence, wall or slight encroachments of concrete. No drainage structures,
including, but not limited to, detention or retention basins, shall be permitted within the utility easement(s).
7. OWNER agrees that landscaping within the utility easement(s) shall be limited to bushes, shrubs and
flowers, and that no trees shall be placed within the utility easement(s), unless reflected in the Site Plan or other
plans approved by the City.
8. OWNER shall place a F by F sign or plaque on the site of the landscaping or structure, which shall state
the following: "This structure may be ordered removed by the City of Tamarac without notice and at no cost to
the City should its removal become necessary to repair any utility line. The cost of removal shall be borne by
the Owner, its successors and assigns."
9. OWNER shall not place encroachments within the utility easement(s) unless specifically provided for in
this Agreement, provided nothing contained in this Agreement shall limit OWNER's rights under Section 2 of
the Recorded Raw Water Line and Well Easement.
10. This Agreement contains the entire agreement between the parties relating to the subject matter hereof.
This Agreement shall not be amended unless in writing and signed by the parties hereto.
11. This Agreement shall run with the land and bind OWNER, its agents, heirs, successors and assigns, and
any subsequent owners of the parcel described in Exhibit A.
12. Venue for any actions resulting from this Agreement shall be Broward County, Florida. This Agreement
shall be governed by the laws of the State of Florida as are now and hereinafter in force.
(EXECUTIONS AND ACKNOWLEDGMENTS APPEAR ON FOLLOWING PAGES)
IN WITNESS WHEREOF, the parties have made and executed this Utility Easement Encroachment and
Hold Harmless Agreement on the respective dates under each signature. CITY OF TAMARAC, through its
Mayor and the undersigned, through its Owner, all of which are duly authorized to execute same.
ATTEST_:
-�;2Maric�:� Swenson, CMC
City Clerk
Approved as to form and legal
Samuel S. Go en, y Attorney
STATE OF FLORIDA
SS
COUNTY OF,�
CITY OF TAMARAC
Beth Flansbaum-Talabisco, Mayor JJ
Date: 31151
Jeffre ller, City Manager
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 appearedfxiF=1wbDien�lo4-finAl L
to me known to be the person(s) described in and who executed t e foregoing instrument and
acknowledged before me and under oath that executed the same.
WITNESS my hand and official seal this I P day of MoO , 2007.
NOT RY PUBLIC, StatJ of Florida
at Large Marion serphos
66/My Commission DD2MM
a Expires October 24, 2007
(Name of Notary Public: Print, Stamp, or type as Commissioned)
( Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or ( t,4 DID NOT take an oath.
(EXECUTIONS AND ACKNOWLEDGMENTS CONTINUE ON FOLLOWING PAGES)
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above
written.
WITNESSES: _-- GR
BO
a F1
Print:
By.
Print: a a l s
STATE OF FLORIDA )
COUNTY OF BROWARD )
C, INC., a
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 Malcolm Butters, as President of Boca
Warehousing Tamarac, Inc., a Florida corporation, on behalf of the corporation, 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, who is person known to me or has produced a driver's license as
identification and (did) (did not) take an oath
Notar blic
Print Name: :5---ur��L�1�
My Commission Expires: 1 d .,12 - 6 7
tipPY'P^ _ SUZANNE ROGERO
.- MY COMMISSION 0 DD 258269
EXPIRES: October 13, 2007
5onded Thru Norery PuW Underwt'tWr
(EXECUTIONS AND ACKNOWLEDGMENTS CONTINUE ON FOLLOWING PAGES)
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above
written.
1tir/���LY•Y�L•
��&_ J0K•�jK• � ,
COUNTY OF BROWARD )
GRANTOR:
ALPHA TAMARAC, LLC,
a Florida limited liability company
By: OMEGA PARNTERS, LLC,
a Florida limited liability company
By:
Pie o L. De'siderio, Member
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 Piero L. Desiderio, as member of Omega
Partners, LLC, a Florida limited liability company, as member of Alpha Tamarac, LLC, a Florida limited
liability company, on behalf of the limited liability company, 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, who is personally known to me or has produced a driver's license as identification and (did) (did not) take
an oath.
of ry Public
Print Name:
My Commission Expires:
Notary Public State of FI®rida
?� Laraine C Weiss
My Commission DD508355
or r� Expires 03105/2010
I:\w-pld\33585\ 1 Measement-utility-rev3.doe
TR#11142
EXHIBIT "A"
Legal Description
Parcel "A", Westland Plat, according to the Plat thereof, as recorded in Plat Book 172, at page 64-65, of the
Public Records of Broward County, Florida.
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TR#11142
87022B73 TAMARAC UT I L I T I ES WEST
RAW WATER LINE AND WELL EASBENT
This Raw Water Li and Well Easement made this _,�- day of-Oc?,Z.
-- _r 198 GL, by ,Curtis Field Inc. __ __ � -- - - ea
J'21 P.1m Beach bijg es_Blvd.'W. Palm-BeaghhlTF1'a ,33409, TCran"tor`J ono` y
Tne City of -Tamarac, a M'FT a m`uUZTpiT`corporatT`on Saving an address
at 5811 Northwest 88th Avenue, Tamarac, Florida, 33321, (Grantee).
CA
(Whenever used herein, the term "Grantor" and "Grantee" shall include cn
the respective successors and assigns of the parties hereto, whenever
the context so admits or requires).
WITNESSETH:
Li OVW
WHEREAS, Grantor is the owner of that certain real property
located in flroward County, more particularly described in Exhibit "A"
attached hereto, (hereinafter referred to as "Servient Estate") and
WHEREAS, Grantor desires to Scant unto Grantee a non-exclusive
casement to use a portion of the servient estate;
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable considerations paid by each of the
parties hereto to the other party, receipt of which is hereby acknow-
ledged by both parties, the parties hereto do hereby grant and agree as
follows:
1. Grantor hereby grants and conveys to Grantee, its successors
and assigns, a non-exclusive casement over and upon the Servient estate
for the installation and maintenance of raw water wells and associated
appurtenances,
2. Grantor reserves all rights not herein granted pursuant to
this easement, including but not limited to, the right of free ingress
and egress over and upon the Servient estate and to grant further
easements under, over and on the Servient estate: provided that in no
M
;00
event
shall
any of the rights herein reserved
impede the easement
0""
1
herein
granted
or the exercise of the rights of use
thereunder.
4-
3.
The
provisions of this easement shall
be binding on the
CS
%0
parties
hereto
and the respective successors and assigns as a covenant
IQ
running
with and binding upon the servient estate.
4.
This
easement shall not be released
or altered without
consent
of the
Grantee,
�7
IN WITNESS WHEREOF, Grantor has hereunto set his hand
1, the day and year first above written,
r i CITY OF TAMARAC
"^' 5811 N, W. 88th AVENUE -1-
TAMARAC, FLORIDA 33321
City Cler{a Dent.
a`
and seal on I`
�ryzl, .tea
Signed, sealed and
delive�,ed in the presence of:
QiE tnes,�
Signed, sc led and
delivered in re f:
VLne �� n -
V,Tness,gcTrNCr c tTY eT09K
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this raw water line
and well easement,
TTORMT
STATE OF 'FLORIDA
COUNTY OF BROWARD
( GRANTOR )
By
Vice-Presi ent
(CRMI'I'EE) .
Citx�o Tamarac
f
CITY OF TAMAIZAC
APPRO AT 61f IG OF /0
I HEREBY CERTIFY that on this day, before me, an Officer duly author-
ized in the State aforesaid and in the County at o esaid to take
acknowledgments, personally appeared__4=Lo(�S____^___-______
to me known to be the person described in and who executed the fore-
going instrument and A, _ acknowledged before me that 4--4L_ executed
the same.
WITNESS by hand and official seal in the County and State last afore-
said this D day of fv A.D. 1984 .
NOTARYMLICM fO1'tCORiDA
•,tv rOIaeUSSION ExPUIS FIOV 17 1906
400MEd WtU CINUAL INSV4nNCE UNC _
STATE OF FLORIDA
COUNTY OF BROWARD
I
t HEREBY CERTIFY that on this day, before me, an Officer-duly+authorized
in the State aforesaid and in the County aforesaid to take acknowledg-
ments, personally appeared_ _
c'o'mo vnowoeo 5e t e person aescri ca'in ana'wrip'�exc'cuten t6'e� a'regoing
i instrument and NE acknowledged before me that HE" executed the
same.
WITNESS my hand and official seal in the County and State last aforesaid
this day of CrG •w A.D. 194-144;;.
4/30/86 brs •
I � r
I.
-3-
I
Curtis field Inc.
2121 Palm Beach LakesBlt(�
W. Palm Beach, Fla.3340
z
k
h
N
N
•
r
0
IrRAC7 /G. I j��
FT. LAUDERDALE TRUCK FARMS �j
P. S. 4, P0. $l % 16, coot, OF
des. 4. 49. 41—J~
PARCEL "C" 9109-09.006
LEGAL DESCRIPTION 20' WELL EASEMENT (SOUTH OF N.W. 61ST STREET TO CANAL)
O
A portion of Tract 9 of "Fort Lauderdale 'truck Farms" as recorded in r -n
Plat Book 4, Page 31 of the Public Records of Broward County, Florida, -v1
lying within the N.E. y of the S.E, y of Section 9, Township 49 South,
Range 41 East, more particularly described as follows:
Commencing at the N.E. corner of LOT 1, BLOCK 2 of"Waterside"Plat 10
Book 101, Page 22; thence South 01126'27" East a distance of 214.81 Q
feet to the point of beginning; thence continuing South 01*26127" East 1
a distance of 374.0 feet; thence North 89'35105" East a distance of
20.0 feet; thence North 01126127" West a distance of .374.0 feet;
thence South 89*35105" West a distance of 20.0 feet to the point of
beginning. t
Said land contains 0.1717 acre. CD k
j
CITY OF TAMARAC SKETCH OF DESCRIPTION DATE 4/30106 DRAWN 0L j
WELL EASEMENT 20' S.E. 1/4 SEC, 9-49-41 SCALE' mows CHK. F. s.
"B6-4
EXHIBIT rAr
w
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
! 26
t I
27
i 28
!
29
�1 30
31
It 32
t
33
34
35
36
Introduced by: C�' ��' y
., .�.c / � Temp. Reso. 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86 �.,
A RESOLUTION APPROVING AND ACCEPTING A 20
FOOT TAMARAC UTILITIES WEST RAW WATER LINE
AND WELL EASEMENT OFFERED BY CURTIS FIELD,
INC., FOR TAMARAC UTILITIES WEST UNIVERSITY
DRIVE AND FORCE MAIN PROJECTS 86-2 AND 86-5;
AND PROVIDING AN EFFECTIVE DATE.
BE XT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA
yECT_I-ON l: That the 20 foot Tamarac Utilities West Raw
Water Line and Well easement offered by Curtis Field, Inc.,
for Tamarac Utilities West University Drive and Force Main
Projects 86-2 and 86-5, is hereby approved and accepted, a
copy of said easement being attached hereto as "Exhibit 1".
,SE91ION ,g_ That the appropriate City officials are
hereby authorized to execute said easement on behalf of the
City.
SECTION 3: That the City Clerk is hereby authorized and
directed to record said easement in the public records of
Broward County, Florida.
.ACTION 4_s This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this day of CC►`� 1,,1986.
W,IUTANIUM�� �,•
+w"" Nva�n JOHNS"0�
NAR➢ HART
AMAYOR
muNTl ,YIN
TTE� _
CITY CLERK
MAYOR: HART
I HEREBY CERTIFY that I have DIST. 1: C/W MASSARO
approved the form and correctness DIST, 2: VIM STELZER
of this Resolution.
DIST. 3: C/M GOTTESMAN '
DIST. 4: C/M STEIN 4.
'A. BRYA APPL ^GATP
CITY ATT NEY /
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