HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-021Temp. Reso. #10860
January 6, 2006
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006-
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 PRESTIGE HOMES
OF TAMARAC, FOR STRUCTURES AND LANDSCAPING
PLACED WITHIN UTILITY EASEMENTS ON THE PRESTIGE
COMMONS PROJECT SITE LOCATED AT 8200 NW 100T"
AVENUE; 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, Prestige Homes of Tamarac, is the developer of the Prestige Commons
Project which is located at 8200 NW 100t' Avenue (a copy of which is attached hereto in
map form as "Exhibit 1 "); and
WHEREAS, Prestige Homes of Tamarac, 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 Prestige Commons Project; and
Temp. Reso. #10860
January 6, 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 Prestige Homes of
Tamarac, for landscaping and structures placed within utility easements on the Prestige
Commons 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
Prestige Homes of Tamarac, for landscaping and structures placed within utility easements
on the Prestige Commons Project site (a copy of which is attached hereto as "Exhibit 2")
located at 8200 NW 100ti' Avenue.
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.
1
1
1
Temp. Reso. #10860
January 6, 2006
Page 3
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: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of o , 2006.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
)q!M4( r/,qn
SAMUEL S. G EN
CITY ATTO EY
JD/EJw
JOE SCHREIBER
.. f` MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST II: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
CITY OF TAMARAC
PMUC WOMM DSP"rlM T
ENGIIENMG DWMON
Job No.10860
Scale: N.T.S
SHEET 1 OF 1
UTILITY EASEMENT ENCROACHMENT &
HOLD HARMLESS AGREEMENT
TR#10860
SITE LOCATION -
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EXHIBIT 1
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
AN L DOM. P.E. SEC. 5, TWP. 49, ROE. 41
Exhibit 2
TR#10860
UTILITY EASEMENT ENCROACHMENT
AND
HOLD HARMLESS AGREEMENT BETWEEN
THE CITY OF TAMARAC
AND
THIS AGREEMENT made this S_ day of' , 20_&by and between the
CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 88"
Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and Prestige Homes of Tamarac, a
Florida Corporation with principal offices located at 11784 West Sample Road Suite 101 Coral
Springs FL 33065 , (hereinafter called the DEVELOPER/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 Exhibit 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 Exhibit B, attached hereto and incorporated herein by reference, and recorded in Plat Book
170 page 41 of the Broward County public records; and
WHEREAS, said existing landscaping and/or structures are described on the site plan
for Prestige Commons prepared by Prestige Homes and dated 1/5/04, 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 notified by the CITY of such
encroachment.
000717
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
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 borne 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
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, 5hrough its
Owner, , duly authorized o execute same.
ATTEST:
Marion Swenson, CMC
City Clerk
Approved as to form and legal
sufficiency:
YA�0
Sarhuel S. Gores' City Attorney
STATE OF FLORIDA
SS
COUNTY OF cnr'
d ::
CITY TAMARAC
yJoe Schreiber, Mayor
Date: �j
/17 eZ 41»
Jeffrey L. Mfiller, City Manager
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the Count yY aforesaid to take acknowledgments, personally
appeared ! tto me known to be the person(s)
described in and who executed thef6regoing instrument and eU
acknowledged before me and under oath that fh eQ executed the same.
WITNESS my hand and official seal this I _ day of br , 20 0
NOT RY PUBLIC, Statefof Florida
at Large 41, A,4,,, Marion serphos
My Commission DD250279
or w Expires owbw 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 (DID NOT take an oath.
000717
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day
and year first above written.
(GRAN ) Pres ige Homes of
r
By: By:
Type Name 121b'CA Corner
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OFRrtiu�o.Fov
Type Name rUru.ce C a -'AL
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 , „ a6 t+ C�ricr to me
known to be the person(s) described in and who executed the foregoing
instrument andZrue CLj +, ;` 4., 6.,acknowledged before me and under oath that
G executed the same.
WITNESS my hand and official seal this I--1+ day of
20 o6 .
Kim I Loss
== Commission#DD338964
Expires• Aur02, 2008
Bonded
Atlantic Bonding Co., Inc.
( ✓) Personally known to me, or
( ) Produced Identification
q�L' J.- OYO��
NO ARY PUBLI,6, State of
Florida at Large
, = . Lis
(Name of Notary Public: Print,
Stamp, or Type as
Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
000717
Exhibit A
TR#10860
PRESTIGE COMMONS
Legal Description:
Parcel "A", "Southgate
to the plat thereof, as
pages 40 and 41 of th
County, Florida.
At Nob Hill Plat", according
recorded in Plat Book 170 at
e Public Records of Broward
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Exhibit A TR#10860
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Exhibit B TR#10860
CARNAHAN • PROCTOR • CROSS INC.
CERTIFICATE OF AUTHORIZATION NO. LB 2936
6101 WEST ATLANTIC BIND., MARGATE, FL 33063
PHONE (954)972-3959 FAX (954)972-4178 E-MAIL.: margate@camahan-proctor.com
DESCRIPTION AND SKETCH
(NOT A SURVEY)
SEWER AND WATER EASEMENT
SOUTHGATE AT NOB HILL PLAT
LEGAL DESCRIPTION
A PORTION OF PARCEL "A", SOUTHGATE AT NOB HILL PLAT, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 170 AT PAGES 40 AND 41 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL "A"; THENCE NORTH 60054'08" WEST, ALONG
THE SOUTH LINE OF PARCEL "A", A DISTANCE OF 15,00 FEET; THENCE NORTH 29-05-52" EAST, A DISTANCE
OF 117.50 FEET; THENCE NORTH 60054'08" WEST, A DISTANCE OF 192.31 FEET TO A POINT ON THE WEST
LINE OF PARCEL "A", SAID POINT BEING ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH
THE RADIUS POINT BEARS NORTH 68007'24" WEST; THENCE NORTHERLY, ALONG THE WEST LINE OF
PARCEL "A", ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1253.00 FEET AND A CENTRAL
ANGLE OF 00041'31", A DISTANCE OF 15.13 FEET TO THE POINT OF INTERSECTION WITH A NON -RADIAL
LINE; THENCE SOUTH 60°54'08" EAST, A DISTANCE OF 66.47 FEET; THENCE NORTH 29°05'52" EAST, A
DISTANCE OF 15.62 FEET; THENCE NORTH 60054'08"WEST, A DISTANCE OF 17.30 FEET; THENCE NORTH
29005'52" EAST, A DISTANCE OF15.00 FEET; THENCE SOUTH 60°54'08" EAST, A DISTANCE OF 17.30 FEET;
THENCE NORTH 29005'52" EAST, A DISTANCE OF 75.47 FEET; THENCE NORTH 14032'49" WEST, A DISTANCE
OF 28.53 FEET; THENCE NORTH 09°15'08" EAST, A DISTANCE OF 18.70 FEET; THENCE NORTH 54°14'37"
EAST, A DISTANCE OF 20.17 FEET; THENCE NORTH 09°14'55"EAST, A DISTANCE OF 11.94 FEET; THENCE
NORTH 01032'13" WEST, A DISTANCE OF21.18 FEET; THENCE SOUTH 88°27'47" WEST, A DISTANCE OF 22.94
FEET; THENCE NORTH 01032'13" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 88°27'47" EAST, A
DISTANCE OF 22.94 FEET; THENCE NORTH 01032'13" WEST, A DISTANCE OF 131.90 FEET; THENCE SOUTH
88027'47" WEST, A DISTANCE OF 14.66 FEET; THENCE NORTH 01°32'13" WEST, A DISTANCE OF 15.00 FEET;
THENCE NORTH 88027'47" EAST, A DISTANCE OF 14.66 FEET; THENCE NORTH 01°32'13" WEST, A DISTANCE
OF 316.61 FEET; THENCE SOUTH 88°27'47" WEST, A DISTANCE OF 3.67 FEET; THENCE NORTH01032'13"
WEST, A DISTANCE OF 18.66 FEET; THENCE NORTH 88027'47" EAST, A DISTANCE OF 3.67 FEET; THENCE
NORTH 01032'13" WEST, A DISTANCE OF 35.81 FEET; THENCE SOUTH 88°27'47" WEST, A DISTANCE OF
29.53 FEET; THENCE NORTH 01°24'08" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 88027'47" EAST,
A DISTANCE OF 29.50 FEET; THENCE NORTH 01032'13" WEST, A DISTANCE OF 9.98 FEET; THENCE NORTH
88027'47" EAST, A DISTANCE OF 47.25 FEET; THENCE NORTH 01032'13" WEST, A DISTANCE OF 15.90 FEET;
THENCE NORTH 88027-47" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 01032'13" EAST, A DISTANCE
OF 15.90 FEET; THENCE NORTH 88027'47"EAST, A DISTANCE OF 17.69 FEET; THENCE NORTH 31 °39'25"
EAST, A DISTANCE OF 7.00 FEET; THENCE NORTH 01°32'13" WEST, A DISTANCE OF 10.19 FEET; THENCE
NORTH 88027'47" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 01 032'13" EAST, A DISTANCE OF 16.05
FEET; THENCE NORTH 88027'47" EAST, A DISTANCE OF 28.92 FEET; THENCE NORTH 01°32'13" WEST, A
DISTANCE OF 53.75 FEET; THENCE NORTH 88°27'47"EAST, A DISTANCE OF 14.80 FEET; THENCE SOUTH
01032'13" EAST, A DISTANCE OF 81.23 FEET; THENCE SOUTH 88°27'47" WEST, A DISTANCE OF 115.00 FEET;
THENCE SOUTH 01032'13" EAST, A DISTANCE OF 13.36 FEET; THENCE NORTH 88027'47" EAST, A DISTANCE
OF 41.00 FEET; THENCE SOUTH 01°32'13" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 88°27'47"
WEST, A DISTANCE OF 41.00 FEET; THENCE SOUTH 01032'13" EAST, A DISTANCE OF 212.96 FEET; THENCE
NORTH 88027'47" EAST, A DISTANCE OF 115.00 FEET; THENCE SOUTH 01 °32'13" EAST, A DISTANCE OF
30.00 FEET; THENCE SOUTH 88°27'47" WEST, A DISTANCE OF 107.50 FEET; THENCE SOUTH 01'32'13" EAST,
A DISTANCE OF 43.85 FEET; THENCE SOUTH 44°21'43" EAST, A DISTANCE OF 11.03 FEET; THENCE SOUTH
01'32-13" EAST, A DISTANCE OF 24.02 FEET; THENCE SOUTH 55'53'11" WEST, A DISTANCE OF 8.90 FEET;
THENCE SOUTH 0103213" EAST, A DISTANCE OF 70.67 FEET; THENCE NORTH 88°27'47" EAST, A DISTANCE
OF 60.44 FEET; THENCE SOUTH 01 °32'13" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH
88027'47"WEST, A DISTANCE OF 60.44 FEET; THENCE SOUTH 01°32'13" EAST, A DISTANCE OF 141.40 FEET;
THENCE SOUTH 21040'43" EAST, A DISTANCE OF 22.64 FEET; THENCE SOUTH 81°34'45" EAST, A DISTANCE
OF 32.07 FEET; THENCE SOUTH 11052'22" WEST, A DISTANCE OF 11.68 FEET; THENCE SOUTH 34°57'07"
WEST, A DISTANCE OF 11.94 FEET; THENCE NORTH 61'28'13" WEST, A DISTANCE OF 31.89 FEET; THENCE
SOUTl i- 2. 023";9' WEST, A C 5 T AN(:;E OF 12.28 FEET', T HENGE SOUTH 65°01'54" WEST, A DISTANCE OF
12.13 FEET; THENCE SOUTH 29°05'52" WEST, A DISTANCE OF 80.40 FEET; THENCE SOUTH 60°54'08" EAST,
A DISTANCE OF 20.19 FEET; THENCE SOUTH 29005'52" WEST, A DISTANCE OF 19.40 FEET; THENCE SOUTH
60054'08" EAST, A DISTANCE OF 87.66 FEET TO THE EAST LINE OF SAID PARCEL "A"; THENCE SOUTH
29°05'52" WEST, ALONG SAID EAST LINE, A DISTANCE OF 152.35 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA.
SOUTH GATE AT NOB HILL I JOB NO.: 021105 1 DATE: 02-27-04 1 SHEET 1 OF 3 SHEETS
s:\021105\Iega Is\esmt-w&s.doc
-no)111*1
1. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS, INC., AND SHALL NOT BE USED OR REPRODUCED IN
WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION.
3. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS -OF -WAY, AND RESTRICTIONS OF
RECORD.
4. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH, FOR INFORMATION CONCERNING RIGHTS -OF -WAY,
EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION
NEED BE OBTAINED.
5. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE INDICATED.
6. THIS IS NOT A SURVEY,
ABBREVIATIONS
A
= ARC LENGTH
B.G.R.
= BROWARD COUNTY RECORDS
C.M.E.
= CANAL MAINTENANCE EASEMENT
D
= 2ELTA.(CENTRALANGLE)
D.E.
. DRAINAGE EASEMENT
ESMT.
= EASEMENT
F.P.L.
= FLORIDA POWER & LIGHT CO.
L.E.
= LANDSCAPE EASEMENT
N.T.S.
= NOT TO SCALE
O.R.B.
C-Ri fALRE O&DBOOK
P.B.
= PLAT BOOK
P.O.B.
= POINT OF BEGINNING
P.O.C.
= POINT OF COMMENCEMENT
P.O.T.
= POINT OF TERMINATION
R
= RADIUS
REF.PT.
= REFERENCE POINT
RAN
= RIGHT-OF-WAY
U.E.
= UTILITY EASEMENT
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH
MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID
DESCRIPTION AND SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA LICENSE NO. LS 4886
SOUTHGATE AT NOB HILL
DATE OF LAST FIELD WORK: NOT A SURVEY
JOB NO.: 021105 1 DATE: 02-27-04 1 SHEET 2 OF 3 SHEETS
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PB160 PG40 BCR
ADDENDUM F.B./PG. DATE BY CK'D �Xl4j ? Q
JOB NO. 021105 1 DWG BY: MDS SCALE, 1"- 100' 1 SEWER AND WATER EASEMENT
SOUTHGATE AT NOB HILL PLAT I CK'D By: SAB DATE= 02-27-04 1 SHEET 3 OF 3 SHEETS
FILE: s,\021105\021105wssk.dgn
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