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Home My WebLink AboutCity of Tamarac Resolution R-2006-211Temp. Reso. #11089 October 12, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006--2a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A CANAL MAINTENANCE EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT WITH WOODLANDS TOWNHOMES HOMEOWNERS ASSOCIATION, INC., FOR STRUCTURES AND LANDSCAPING PLACED WITHIN CANAL MAINTENANCE EASEMENTS ON THE WOODLANDS TOWNHOMES PROJECT SITE LOCATED AT NW 44T" STREET WEST OF ROCK ISLAND ROAD; 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, Woodlands Townhomes, Inc., is the developer of the Woodlands Townhomes Project which is located at NW 44th Street West of Rock Island Road (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, Woodlands Townhomes Homeowners Association, Inc., has offered a Canal Maintenance Easement Encroachment and Hold Harmless Agreement to the City of Tamarac; and Temp. Reso. #11089 October 12, 2006 Page 2 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 canal maintenance easement or infrastructure; and WHEREAS, the Director of Public Works and the City Engineer recommends the acceptance and execution of this Canal Maintenance Easement Encroachment and Hold Harmless Agreement for the Woodlands Townhomes 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 Canal Maintenance Easement Encroachment and Hold Harmless Agreement with Woodlands Townhomes Homeowners Association, Inc., for landscaping and structures placed within canal maintenance easements on the Woodlands Townhomes 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. Temp. Reso. #11089 October 12, 2006 Page 3 SECTION 2: The appropriate City Officials are hereby authorized to accept and execute a Canal Maintenance Easement Encroachment and Hold Harmless Agreement with Woodlands Townhomes Homeowners Association, Inc., for landscaping and structures placed within canal maintenance easements on the Woodland Townhomes Project site (a copy of which is attached hereto as "Exhibit 2") located at NW 44t' Street West of Rock Island Road. 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. #11089 October 12, 2006 4 PASSED, ADOPTED AND APPROVED this day of nov, , 2006. ATTEST: v MARION SW SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. A6 4MUEL S.'G( CITY ATTOR 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 0 0 Temp. Reso. No. # 11089 CITY OF TAMARAC Scale: N.T.S N p BUC WORKS ENGINEERudG ro�s"R oN � SHEET 1 OF 1 � � W '� E si sa S CANAL MAINTENANCE EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT TR#11089 SAG u w PAL CIRI I w w •4j w w w w w w w w w w w w w w w w y w w i _J" w w r7 w w w w C w w GN❑ A w C w w SO�� .�• w w w w w w w \\\ w w w w w w w W w w w w w w PoINC .i• w w w MULBERRY CF HjTE q w w S�` IgNq LN _ w w 4tv O�. \ w WOODLANDS �y g \\ , w �• •N w \\ \\\'COUNTRY' \\\\\\ \ 'C❑UNTRY <q \\ \\ \\\ \ tLUI ' u w w w w w w w �\ 2 w 41 ,,,WOODLANDS �. ' RC�gR w w GOLF COURSE •v w .�\\\\\\�\\ •� w w w •� •� w w w w w w w w w w w w w w w w w w w w w w w w w w w w .►w w w w w 40 w w w w w w w K MYRTLE CIR 44 S T SITE LOCATION LAUDERHILL ISLYL5ivtr� D..y„ B s.✓.y. Data: ro/12/06 Nm Date Remarks s WOODLANDS TOWNHOMES Droun Bt NJ.V. DM&. 1 0/um EXHIBIT I CITY OF TAMARAC, BROWARD COUNTY, FLORIDA Lppn"-d BF Do"- SEC. 14, TWP. 49. RGE. 41 CANAL MAINTENANCE EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND Woodlands Townhomes Homeowners Association, Inc. THIS AGREEMENT made this _8:!' day of , 20_ by and between the CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 88t" Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and Woodlands Townhomes Homeowners Association, Inc., a [Florida] corporation with principal offices located at [7071 West Commercial Blvd. Suite 2B, Tamarac, FL 333191, (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 DEVELOPER/OWNER's property and within canal maintenance easements held by the CITY. WHEREAS, DEVELOPER/OWNER is 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, DEVELOPER/OWNER has constructed or will construct landscaping and/or structures as part of its development of the parcel described in Exhibit A within canal maintenance easement(s) described in Exhibit B, attached hereto and incorporated herein by reference, and recorded in O.R. Book 67 page 30 of the Broward County public records; and WHEREAS, said existing landscaping and/or structures are described on the site plan for Woodlands prepared by Carnahan -Proctor and Cross, Inc. and dated Oct 6, 2006, 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 canal maintenance easement(s) described above and has an obligation to maintain the City's waterway system in order to serve the citizens of the City of Tamarac; and WHEREAS, DEVELOPER/OWNER agrees to hold the CITY harmless for any expenses incurred by the CITY's use of the canal maintenance 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. DEVELOPER/OWNER agrees to immediately remove at its own expense any encroachment located within the CITY's Canal maintenance easement once notified by the CITY of such encroachment. 3. DEVELOPER/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 DEVELOPER/OWNER and shall not be responsible for the damage, destruction or replacement of irrigation lines within the canal maintenance easement(s). 5. CITY shall be entitled to make emergency repairs within the canal maintenance easement(s) without prior notice to DEVELOPER/OWNER if giving notice would be of detriment to the health, safety and welfare of the citizens of Tamarac. 6. DEVELOPER/OWNER agrees that any structures placed within the canal maintenance 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 canal maintenance easement(s). 7. DEVELOPER/OWNER agrees that landscaping within the Canal maintenance easement(s) shall be limited to bushes, shrubs and flowers, and that no trees shall be placed within the canal maintenance easement(s). 8. DEVELOPER/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. The cost of removal shall be borne by Woodlands Townhomes Homeowners Association, its successors and assigns." 9. DEVELOPER/OWNER shall not place encroachments within the Canal maintenance 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 DEVELOPER/OWNER, its agents, heirs, successors and assigns, and any subsequent owners of the parcel described in Exhibit A. to 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. IN WITNESS WHEREOF, the parties have made and executed this Canal Maintenance Easement Encroachments and Hold Harmless Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and Woodlands Townhomes Homeowners Association, Inc. through its President Robert Briele , duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk Approved as to form and legal sufficien Samuel S. Goren City Attorney ATTEST: (4 dqyt d' '- r,, Vorporate Secretary Corporate Seal) Y,/,zn.A. L,,,,,, Type/Print Name CITY 0,FTjkMARAC too Beth Flansbaum-Talabisco, Mayor Date: I 1L, L' - L f Jeff L. Miller, City Manager Woodlands Townhomes Homeo sociation, Inc. By President Type/Print Name Date: / t m 61 a,°°'VTR."; cy 7 o � 3 N O C O �+ A 1 0 W 0 {� z g 0 > 4 00 0-4 z 00 G) r (n =n cn C R i I 13? I I r F� ass /• r rss ►jj r r r r ii E5 YCC r� ppp�ppppEEEp��EEE�E��p' as iaaB9Gyi3fia aaaaaaaaaYaaaaYa�4 �*•� g ' a aaeasea�aaeaae3ae a aaaaaeeD DaDaae�Da�sy s N exhibit "B„ . TR#1 1 089 CARNAHAN • PROCTOR - CROSS, INC CERTIFICATE OF AUTHORIZATION NO. LB 2936 6101 WEST ATLANTIC BLVD., MARGATE, FL 33063 PHONE (954)972-3959 FAX (954)972-4178 WEBSITE: www.camahan-proctor.com DESCRIPTION AND SKETCH LAKE MAINTENANCE EASEMENT THE WOODLANDS COUNTRY CLUB LEGAL DESCRIPTION A PORTION OF "THE WOODLANDS COUNTRY CLUB", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 67 AT PAGE 30 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED.OF: COMMENCING AT THE SOUTHWEST CORNER OF "THE WOODLANDS COUNTRY CLUB"; THENCE NORTH 89034'07" EAST, ALONG THE SOUTH LINE OF SAID PLAT, A DISTANCE OF 1783.48 FEET TO THE POINT OF BEGINNING; THENCE NORTH 10003'40" WEST, A. DISTANCE OF 104.89 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 19-02-14", A DISTANCE OF 36.55 FEET TO THE POINT OF TANGENCY; THENCE NORTH 08058'34" EAST, A DISTANCE OF 40.24 FEET; THENCE NORTH 04°48'57" EAST, A DISTANCE OF 77.50 FEET; THENCE NORTH 74009'37" WEST, A DISTANCE OF 60.09 FEET; THENCE NORTH 64°18'10" WEST, A DISTANCE OF 104.00 FEET; THENCE NORTH 59°12'21" WEST, A DISTANCE OF 44.46 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 80053'18", A DISTANCE OF 63.53 FEET TO THE POINT OF TANGENCY; THENCE NORTH 21°40'57" EAST, A DISTANCE OF 8.90 FEET; THENCE SOUTH 64018'10" EAST, A DISTANCE OF 279.76 FEET; THENCE SOUTH 04048'57" WEST, A DISTANCE OF 284.00 FEET; THENCE SOUTH 89034'07" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 17.16 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE 1N THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 0.551 ACRES, MORE OR LESS NOTES 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. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED. 5. 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. 6. THIS IS NOT A SURVEY. ABBREVIATIONS. B.C.R. = BROWARD COUNTY RECORDS P.B. = PLAT BOOK PG. = PAGE (S) P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT 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 ,SR IPTION AND SICH IS T�UE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DONNA C. WEST-/ SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS4290 THE WOODLANDS COUNTRY CLUB DATE OF LAST FIELD WORK: NOT A SURVEY JOB NO.: 031005 1 DATE: 10-6-06 1 SHEET 1 OF 2 SHEETS s:\031005\legals\lme.doc Exhibit "B" TR#1 1 089 /V2i,40 W �J S;p,f 8.90, / 1 / a'OpR , �9NCF / ��I'/,yqT � � F4S+ i 40 1911 F EQG£ of -F�FNT ---- / Opp, -- N�4� 9 / 0' // 60091,,I W 1 I / o I / w 1 / "WOODLAND VILLAS" „ 1 � 1 z 1 w 1 _ 1 d- THE WOODLANDS COUNTRY CLUB o "' ► o (P.B. 67, PG. 30, B.C.R.) cow 1 N Z / 3 1 1 io R-110.00' 1 D-190 0214" A-36.55' i vo) i i z ` o e � o � w o f P.O.C. SW CORNER 00 "THE WOODLANDS - COUNTRY CLUB" P.O.B. (P.B. 67, PG. 30, B.C.R.) N890 34'07"E 1783.48' N.W. 44TH STREET 3 o� M 0 Cn co REVISIONS F.B./PG. DATE BY I CK'D JOB NO. 031005 1 DWG BY: JM SCALE: 111- 50' LAKE MAINTENANCE EASEMENT HE WOODLAND COUNTRY CLUB I CK'D By: DCW DATE: 10-5-06 SHEET 2 OF 2 SHEETS FILE: s:\031005\cadd\031005sk.dgn rrn zap m = C m m •i r•- o Q� R4 Z �05 Its �+ s O orr►� r r - rr r - Bz ES �1Qp o Rfill ^lit +=� iR=r list ^ g YY� Hit i I ��•�Y #� A yr� asks �a . '� aip ro Box fixxf 6' ':�r1 :A .4 R aO =: lit 3� Ail 7 Fo m1S$. .D Z_ R CD m o w,cn 8�a / y�J QR z N M M P y�MM l y a� z C\ (— 9 o o Gi a� 151 v k QQ ru A g b C F�1�ls jig Iyyt Cp R •„ N rt m H 0 00