Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-179Temp. Reso. #11063 September 11, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-0a 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 PEPPERJACK MANAGEMENT, INC., FOR STRUCTURES AND LANDSCAPING PLACED WITHIN UTILITY EASEMENTS ON THE CHEDDAR'S CASUAL CAFE PROJECT SITE LOCATED AT 7951 W. COMMERCIAL BOULEVARD; 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, Pepperjack Management, Inc., is the developer of the Cheddar's Casual Cafe Project which is located at 7951 W. Commercial Boulevard (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, Pepperjack Management, Inc., 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 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 Cheddar's Casual Cafe Project; and Temp. Reso. #11063 September 11, 2006 Page 2 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 Pepperjack Management, Inc., for landscaping and structures placed within utility easements on the Cheddar's Casual Cafe 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 with Pepperjack Management, Inc., for landscaping and structures placed within utility easements on the Cheddar's Casual Cafe Project site (a copy of which is attached hereto as "Exhibit 2") located at 7951 W. Commercial Boulevard. SECTION 3: The City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. 1 1 1 1 1 1 Temp. Reso. #11063 September 11, 2006 Page 3 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 courtof 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: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this aZ day of , 2006. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ' � r n ,r :I► :: ►, 2 r_ : - • 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 Job No.11063 N CITY OF TAMARAC seo�: N.T.S Aw EPUBvcnvs��Ixc A1vIST�eUM ON w E SHEET 1 OF 1 ss UTILITY EASEMENT ENCROACHMENT AND s HOLD HARMLESS AGREEMENT TR#71063 w \ COLONY CIR. w \\ & O ❑FC 64 ST w W W W W W w W W W W W W w W W W W GOLF COURSE, w w A UNI ERSITY v v. .� \ \;•\� W W w .\\ O Z W LAN INGS 7 FAIRVIEW DR. w \\\ u n W W \' w w W W W W W W W w n (S \\ \\' \\\ \ ' \\\\\' \\ \\ 63 ST GREEN ILLAG CT WATER THUMB SQUARE SAINT PLANT Q MALACHY 77.7 SITE/ 3 /JOHN in HDERN 7 ro Q 1 ¢ (EDGEW TERM) 61T FUTURE 61 ST n ao °0 //. CO 3 ¢ SITE NATI NS m ID co n ASH, MUTUAL BANK n n n PLAZA //. WATERSIDE 60 ST ] 58 CT HEARTLAND �' N � 58 a % OF � c � w 58 CT 7Q CT co j TAMARAC o 38 ST j MIDWAY PLAZA MuJ n 58 ST n ] % a BLOCK o0 N w 7 ^ BUSTER 57 PL co Q 1 w BIG LOTS MF><- � .� /j TUSCANY UNITED BOSTON 7 PLAZA ao j STATES CHICKEN Z m P❑ST z NW 57TH ST / OFFICE NYy 57TH ST A Zz ¢ 3w z <¢r ¢} ¢ Y� DC3 wa Qa cu 0H i j a Zz au'-' Auo �a o� z aQ o�(ya Ao✓ pa z �m <LJ ww� _F- Qw �aELM ©L� w F— g 00 --w g Q A CQMMERCI L BLVD LAUDERHILL COMME rclAq BLVD SITE LOCATION REMONS CHEDDAR'S CASUAL CAFE xd wr e«n.nr EXHIBIT 1 CITY OF TAMARAC. BROWARO COUNTY, FLORIDA 4w...d •s q4.; JOIN L Maw. Pi SEC. 9. TWP. 49, ROE. Al FL NO. 55M UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND PEPPERJACK MANAGEMENT INC THIS AGREEMENT made this day of e( 20_Q§ by and between the CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 8e Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and PEPPERJACK_ MANAGEMENT INC, a Florida corporation whose property is located at 7951 W Commercial Bgglevard, Tamarap, Florida 33321 , (hereinafter 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 utility easements held by the CITY. WHEREAS, OWNER of a parcel of land in the City of Tamarac, Broward County, Florida, more particularly described in xhibi A, 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 parcel described in Exhibit A within utility easement(s) described in xhi i B, attached hereto and incorporated herein by reference, and recorded in Plat Book 41902 page 4� of the Broward County public records; and WHEREAS, said existing landscaping and/or structures are described on the site plan for Cheddars Casual Cafe prepared by Kimley-Horn_and Associates Inc and dated 05/24/20 a copy of which is on file with the CITY and attached hereto and incorporated herein by reference as Exhibit C; 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 CITY's utility easement once noted 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. Onp717 �e J r 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 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 shall be limited to minor structures only, such as a sign, fence, 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). 8. OWNER shall place a 1' by 1' 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 bome by The Property Owner, its successors and assigns." 9. OWNER shall not place encroachments within the utility easement(s) unless specifically provided for in this Agreement. 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. 000717 eo 1� 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 PEPPERJACK MANAGEMENT INg, through its Officers, duly authorized to execute same. ATTEST: =_ -Marion _ wenson, CMC City Clerk. as to form uel S. STATE OF FLORIDA SS COUNTY OF &Vj-Je-[A : CITY OF TAMARAC Date: Jeffr . Iler, City Manager I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State Nfre, )Said and in t e CouOnty aforesaid to take acknowledgments, personally appearedto me known to be the person(s) described in and ho executed the foregoing instrument and _ acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this .>�_ day of , 20_p� (✓) Personally known to me, or ( ) Produced Identification CP NO ARY PUBLIC, Sta a of F rida at Large Kwim s„prM V�• My come DD2W � Expfts OMW 24, 2W (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced DID take an oath, or (tJ/D ID NOT take an oath. 000717 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. By: Keith E Pugh P71u 2Me - Corporate Secretary STATE OF FLORIDA SS COUNTY OF BROWARD: (GRANTOR) Pepper] ack Management Inc. By: cep Robert S Dubey r President 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 Keith_E Pugh and Robert S Dubey to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this i�ly day of July, 2006. at (X) Personally known to me, or ( ) Produced Identification � EN B. SASS M COMMISSION # DD 427145 EXPIRES: September'0, 2009 Bar W Thru Notary Put& Wd.rwa.,. or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (X) DID NOT take an oath. 000717 a ■ f LEGAL DESCRIPTION See attached survey and legal description from the recorded warranty deed. V s('_, xhibit "All Attachment Parcel 1: Lots 3, 4, 5 and 6, less the West 66 feet of Lot 6, Block 6, LYONS COMMERCIAL SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 69, Page 42, of the Public Records of Broward County, Florida. Parcel 2: Lot 2, Block 6, LYONS COMMERCIAL SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 69, Page 42, of the Public Records of Broward County, Florida. Less and except any portion thereof lying within the following described parcel: Beginning at the Northwest corner of Lot 1, Block 6, LYONS COMMERCIAL SUBDIVISION, thence North 90000'00" East on the North line of said Lot 1, a distance of 175.44 feet to a point of a curve; thence southeasterly on a curve to the right having a radius of 25.00 feet and a central angle of $8058128", an arc distance of 38.82 feet to a point of tangency; thence South 011101'32" East on an easterly line of said Lot 1, a distance of 250.04 feet to a point of curve, thence southwesterly on a curve to the right having a radius of 25.00 feet and a central angle of 91°01'32", an arc distance of 39.72 feet to a point of tangency; thence South 90000100" West on the South line of said Lots 1 and 2, a distance of 179.91 feet; thence North 00000'00" West on a line 106.89 feet East of and parallel with the West line of said Lot 2, a distance of 35.00 feet; thence North 45°00'00" West a distance of 14.14 feet; thence North 00000'00" West, on a line 96.89 feet East of and parallel with said West line of Lot 2, a distance of 120.00 feet; thence North 45000'00" East, a distance of 14.14 feet; thence North 00000100" West, on said line 106.89 feet East of and parallel with said West line of Lot 2, a distance of 125.00 feet, to the Point of Beginning. 11 44; �w Lai Zj Y6 * mC4 Cd Q O Q 'RE c W Q Zi N b Ck L-Ab~hV \x CA 0 r Jay �4 o "Q 4 S4 �`ia gi'sg°ga�jai.�a s.W=W7_ �agfU g mn. wrar �wr � i� •�`' ai8°8 �8a vY NO ICI I - I -Z— I� M��Ly__—_Sff�� nn�nn ovzr r!O)AJN'>jJSJML M„00,00,00 N � I I rA $�4 b ` `,AOOZ! •ib1AQ0A.IX1 iVY�3 .' ��,� �I� •�.. q � IFI r�d. I•I� ,d `I _ [I is c � � O � U V �e ®' o I b TO ON M „00,00.00 iV r4 I g�i � I$ �J J.iO3�i J53rpl n}n v to T 9JOA JO 7m>A53•� — — oa M, SKETCH AND LEGa DE5CRCP'TION mslr BY 1840 NORTH PINE ISLAND ROAD PLANTATION, FLORIDA, 33322 PHONE (954) 473-8010 FAX (954) 473-8020 CERTIFICATE OF AUTHORIZATION #LB7086 EMAIL- KERN ANDSUR'VEYING@YAHOO.COM 15' WATER LINE EASEMENT NORTHWEST 57th STREET PONT OF COMMENCEMIRfr 53.00' N90'00'00'E POW OI-- NORTHEA5T CORNS BEGINNING LOT 2, BLOCK 6 NORTH Link BLOCK 6 5 50'00'OO' W 3 15.05' CHEDDARS CAFE SITE W 'LYONS COMMERCIAL SUM ASIOW S? ,OOr (PLAT BOOK GO. PAGE 42 SOOW'00'E '00'W 6 5$ w57.764 3 2 5100' WEST COMMERCIAL BOULEVARD LEGAL DESCRIPTION: A PORTION OF LOT5 4, 5 AND G, BLOCK G OF "LYON5 COMMERCIAL 5UBDIVI5IQN" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK G9 AT PAGE 42 OF THE PUBLIC RECORD5 OF W BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 2 OF SAID BLOCK G; THENCE RUN SOUTH 90'00'00" WEST ALONG THE NORTH LINE OF 5AID BLOCK G FOR A DISTANCE OF 315.05 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 00'00'00" EAST FOR A D15TANCE OF 108.92 FEET; THENCE RUN NORTH 90'00'00" EA5T FOR A DISTANCE OF 57,7G FEET; THENCE RUN SOUTH 00'00'00" EAST FOR A DISTANCE OF 15.00 FEET; THENCE RUN 50UTH 90'00'00" WE5T FOR A D15TANCE OF 57.7G FEET; THENCE RUN 5OUTH 00'00'00" EA5T FOR A D15TANCE OF 8G.59 FEET; THENCE RUN NORTH 90'00'00" EA5T FOR A DISTANCE OF 13.G& FEET; THENCE RUN SOUTH 00'00'00" EAST FOR A D15TANCE OF 15,00 FEET; THENCE RUN 5OUTH 90'00'00" WE5T FOR A D15TANCE OF 13.G8 FEET; THENCE RUN SOUTH 00'00'00" EAST FOR A D15TANCE OF 27.85 FEET; THENCE RUN 50UTH 45'00'00" WEST FOR A DISTANCE OF 24.14 FEET; THENCE RUN SOUTH 90'0900" WEST FOR A DISTANCE OF 105.77 FEET; THENCE RUN NORTH 00'00'00" WEST FOR A D15TANCE OF 15,00 FEET; THENCE RUN NORTH 90000'00" EA5T FOR A DISTANCE OF 102.5G FEET; THENCE RUN NORTH 45'00'00" EAST FOR A D15TANCE OF 1 1,71 FEET; THENCE RUN NORTH 00000'00" WEST FOR A DISTANCE OF 247.15 FEET TO A POINT LYING ON THE NORTH LINE OF SAID BLOCK G; THENCE RUN NORTH 90'00'00" EAST ALONG SAID NORTH LINE FOR A DISTANCE OF 15,00 FEET TO THE POINT OF BEGINNING, NOTES.' I) TH15 SKETCH DOES NOT REPRESENT A FIELD SURVEY. 2) BEARINGS ARE BASED ON THE NORTH LINE QF SAID 3LOCK G ►�/y/� BEING 50UTH 90 DEGRDE5 00 MINUTES 00 5ECOND5 WE5T. BI a t : ATE��51G YrMO.�I A�572- 1 STATE OF FLORTM N E S CLIENT CA JOHNSON CONSTRUCTION PROJECT NO.- 08810 DATE: APRIL 3 2006 7591 W COMMERCIAL BLVD. TAMARAC FLORIDA SCALE: 1"-100' FILE- CA JOHNSON CONSTRUCTION SITE PLAN See attached Site Plan. v I i w o At f d Ivy I = I I I I f II Iff � II I I f I I e I I I I I f I a I