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Home My WebLink AboutCity of Tamarac Resolution (36)Temp. Reso. #9648 January 2, 2002 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-36 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 LUTHER DAVIS FOR A DRIVEWAY EXTENSION PLACED WITHIN A UTILITY EASEMENT LOCATED AT 7112 NW 66" TERRACE; 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, Luther Davis, property owner, is placing a driveway extension within a utility easement located at 7112 NW 66th Terrace (a copy of which is attached hereto in map form as "Exhibit 1"); and WHEREAS, Luther Davis has offered a Utility Easement Encroachment and Hold Harmless Agreement to the City of Tamarac; and WHEREAS, the owner shall hold the City harmless from any costs or obligation to restore the driveway as a result of any repair or maintenance to the utility easement or infrastructure; and WHEREAS, the Director of Utilities recommends the acceptance and execution of this Utility Easement Encroachment and Hold Harmless Agreement with Luther Davis; and Temp. Reso. #9648 January 2, 2002 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 Luther Davis for a driveway extension placed within a utility easement located at 7112 NW 66th Terrace. 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 Luther Davis for a driveway extension placed within a utility easement located at 7112 NW 66th Terrace (a copy of which is attached hereto as "Exhibit 2"). 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 1 1 Temp. Reso. #9648 January 2, 2002 3 applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 13th day of February, 2002. ATTEST: MAR_ION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ITCHEI CITY A' RG/DTM/mg 1 A JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER flue' DIST 1: COMM. PORTNER fl yg DIST 2: COMM. MISHKIN five, DIST 3: V/M SULTANOF Abse+yt stST 4: COMM. ROBERTS A -ye, EXHIBIT 1 TEMP. RESO. # 9648 76 ST 75 DR MAIN AND 16 Q Q g ❑RSYTH 6 75 CT /,- > 75 ST Q � 0� 75 ST 00 `0 Q CD z 74 PL 74 PL _ j/ 73 ST 73 ST SITE 72 ST Q' 2� LOCATION �. Q ^~ O n 71 ST to co 71 CT ko -�i 70 CT g 71 ST� MA LANDS 14 > ly- 70 ST E IRCREST 14 70 CT � r` 1,D T UNITED METH❑DIST Q u%��j/77 Fl w '� z o � BR❑❑KSIDE COVE Qz �,z 7-- D 0 u zow MCNAB ROAD > Q % CASABLANCA ; CENTER o � -i WOODLANDS I SCHOOL LUTHER_DAVIS.M LUTHER DAVIS UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT Exhibit 2 UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND , Luther Davis, 7112 NW 66 Terrace THIS AGREEMENT made this 30 day of lVow-d A4,r&W . 2040 / by and between the CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW ggch Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and a resident whose property is located at _.711a N_Gt� 66 7-EgeA<a— , (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 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 '" page S of the Broward County public records; and WHEREAS, said existing landscaping and/or structures are described on the site plan for _.�u� k --DAv.s prepared b /-, e�,,9--, f � K� v�and dated ii3 a a copy of which is on file with the CITY and attached hereto and incorporated hereierence 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 easements) 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 LAND Exhibit B SURVEY FOR;, I.NSURL TITLE CORP. \✓ m!TuF DAVIS DI•:S(:k I "T I ON LA)t 22 Block 217 "THE MAINLANDS OF TAMARAC I.AKF:S UNIT FOURTEEN", according to the plat thereof r(•c•orded in Plat Book 72 Page S of the Puhlic Records of 13rownrd County, Florida. t POPF.RTV A11DRI?SS 7112 N.W. 66 'Cerrnc� I'nucn rac• , Fl or tdn '33'321 CERT I F I F:11 TO: F.Nsill?I'. Ti'1'1,1? CORP., I.1-111 F:R DAVIS, PO I NTF FEDERAL SAVINGS BANK ITS SUCCESSORS &/OR ASSIGNS, IIN I TI•:) CENFRAI. 'I' I "1'H' I NSI'RANCI? COMPANY r 0 ---tN:w- 72nd ST., 112 NATIONAL ROOD Ir1.A.f ANCE DATA FEM.A. RDOD INSURANCE RATE MAP OfI COIiM&ftfY A NEL SU"M FIRR' 2DpE AAW IArE. AO:. N. N. DAT=wv I., NQ.V.DI fMG.VC1 1ryc _Y,: L 2� l 0 S' �.rt- t �cr V � DQA, i t�l• EA4�E ►.J�`i" 10 �a w Jmv- 6Y 5.° 00 ui pl� � rj� VT 11..1 Tom( � i>e�11a . I_,�.5E►J�T kI �2 i In O. 3b, 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 /- yZh , through its President, , duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk ; A ov d as to forragal ffi i c Mitchell S. Kraft, ey STATE OF FLORIDA : SS COUNTY OF &QyJ4eb CITY OF TAMAR r Joe Schreiber, Mayor Date: 2 ^ I S -0--7 11Z A C ; 2 ;/'� t� � . 1414 el, 4, �' r JefV0 LAAiller, 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 appeared L. M iLL.02-' to me known to be the person(s) described in and who executed the foregoing instrument and -74,EV acknowledged before me and under oath that -rTW.V executed the same. WITNESS my hand and official seal is t5 day of F�uk2.y , 20 02 DAWN M. LESNIAKOWSKI NOTARY PUBLIC, ✓State of Florida COMMISSION CC962198 EXPIRES AUG 20 2004 at Large aOANN IONDRD TMROUOM ADVAWAO! NOTARY 6AVJ M. L.cStjiAkoWsK—I (Name of Notary Public: Print, Stamp, or type as Commissioned) ( ✓f Personally known to me, or ( ) Produced Identification t'j /A Type of I.D. Produced ( ) DID take an oath, or DID NOT take an oath. 000717 LAND Exhibit A SURVEY FORT I'NSII}ZF. '1'['1'I.F: CORP. �✓ Lu'ri;EP DAVIS DF:S(:R 11"I' I ON fart 22 Block 217 "TIIF MAINI.ANDS OF TAMARAC I.Ai.FS UNIT FOUR,rEF.N", according to the matt thereof- recorded in Plat Book 72 Page 5 of the Puhlic Records of I;rrn,mrd County, Florida. l'ROPER'I•\' ADDRESS ill 1 N.W. 66 Terrace T:1111.1r:tr, Florida 33321 CERTI F I FI) TO: FNSIIPF TTTI.F. CORP., I.l" 1.11F:R DAVIS, l'OI NTF FEDERAL SAVI Nf:S BANK ITS Sl'C('I'SSORS &/0P ASSIGNS, UNITED ED (:LNFRAI. TITLE I NSI'RANC1: COMPANY NATIONAL ROOD Id.+1JANCE DATA F.CM.A. FLOOD INSURANCE RATE MAP OF• COWAUNV I Y FNNEL SUFFIX FIRS' MW I SAX LOWE, AD.'. N. N. QATZ' Cl[u I ;NS-v GRADE (MG.MD) 1 -_� t o \ S' tSt ��r V F' U2A r tit EASE r S �, z� N f p • T.4 I J Q� W d LJ _ N' i 0 A 1. r I� zs' W .. ,✓ �1 V 19 W (r J inn' tD S, T k4lI aTs jJt :3Qt 22' 0. 3S' SURVEYOR'S CERTIFICATE I hereby certdy that a recent Survey ofthe ahove riescribed property was made under my responsible direction and supervision and that there are no ahove ground encroachments unless otherwise noted. I further certify that this survey meets the minimum technical standards as set forth by the Florida Board of Land Surveyors pursuant to Section 472.07 Florida Statutes and the minimum requirements of the F L.T A it SCALE I" = 20' SURVEY DATE N11111`11-`' 21st 1993 loh Nmnl)er 84-93 n R.T. ! OGLE & ASSOC. INC. �.-_----LAND SURy4:1'ORS ---- '+nun'1',Ir ��r�•.•r llnll.....nr,.l 1:1,m(h 110'4 SEAL — I ROBERT T. BOGLE Registered Land Surveyor No. 3277 STATE OF FLORIDA LAND Exhibit B SURVEY FORT ENSURE TITLE CORP. � DI::SCu 1 PT I ON l,ctt 22 Block 217 MITE MAINLANDS OF TAMARAC LAKES UNIT FOURTEEN", according to tho nlor thereol recorded in Plat Book 72 Page 5 of the Public Records of 13rnwnrd County, Florida. t'POPE.RTV ADDRESS 7112 N.W. 66 'rrrraci I';un;t rar . P1 Or ida 3'332. 1 CEKT I F I F'D TO: ENSURF TTTLF CORP . , 1.111IF:R DAVIS, PO I NTF FEDERAL SAVINGS BANK ITS SuCCI:SSORS &/OR ASSTGNS, UNITED CLNERAI. •I' I TI.E. INSURANCE C MPANY 'r 0. !n --�- N.W.- 72nd— ST. NATIONAL ROOD I#4.AN,ANCE DATA F.EM.A. FLOOD INSURANCE RATE MAP OF2 COWAMIT PANEL SUFFIX FIRE' ZONE SAC LOWE. AD:. GRADE N. N. DATj" EUV . I :ND.V..1k) 0143YO) 1 �: 11 t 0 A J S• t`�ry >Jtzt� c N EASE n/�`T 22 _T - N I APO"' . OQ. aj 1. 4 -.� 1 r 7.S' a••tt;Q�.'. !n � UW� 100, Ipi tn LST 1LIT,i � D2ls1At . O. 3b, SURVEYOR'S CERTIFICATE I hereby certify that a recent survey of the above described property was made under my responsible direction and supervision and that there are no above ground encroachments unless otherwise noted. I further certify that this survey meets the minimum technical standards as set forth by the Florida Board of Land Surveyors pursuant to Section 472.07 Florida Statutes and the minimum requirements of the F L T A SCALE I" = 20' SURVEY DATE •I`"tt ary 21.,t 1993 Joh P;ul,lber 84-93 SEAL n R.T._B0G,1,E &-ASSOC. INC. LAND SURVVYORS /i �nRn'l tt Ctrrrt • ttnlk'woml. f=loriita 11p?A ROBERT T. BOGLE Registered Land Surveyor No. 3277 STATE OF FLORIDA Exhibit C b.� LAND SURVEY FORT INSURE TITLE CORP. \� LU'fNF.R DAVTS DI;S(:R I ►'T I ON LA)( 22 Block 217 "THE MAINLANDS OF TAIMARAC LAKES UNIT FOURTEEN", according to thr plat thereof recorded in Plat Book 72 Page 5 of the Public Records of 13rrnaard County, Florida. i'POPFRTV ADDP.ESS 7112 N.W. 66 rorra('L' Tali.it-ac, FlorTda 33321 CERT I F I FI) TO: F.NSURF. TTTLF CORP., LU I'IIF,R DAVIS, PO1 NTF FEDERAL SAVINGS BANK ITS SUCCESSORS S/OP ASSIGNS, l(N I TI-A) CL'NFRAL TITLE INSURANCE COMPANY PL' . i 19 10 0. ► JAI so, -�:-N:W.- 72r6'C S T. NATIONAL FLOOD 64A4 ANCE DATA F..EM.A. FLOW INSURANCE HATE MAP Of, _ COMIMIIN/tr PANEL SLOWIX FIMV I ZONE *A% LOWE. I N. N. UTZ - ELL'V. Na.V.DI 1 .�. L l I 22' O J fj 2t.-tZ' —.� �• � JI A 1. Y -- TV al in lf') 7 rh W J _ I i0 inn'u► A � 5` LtT 1t_IT-( � bQ'Ja1At . V,L>SE7- kk r 1R> S' 1_C�-11_cry >< o2fa1 N• EASEK&`r 4 SURVEYOR'S CERTIFICATE I hereby Certify that a recent survev of the above dFscribed property was made under my responsible direction and supervision and that there are no above ground encroachments unless otherwise noted. I further certify that this survey meets the minimum technical standards as set forth by the Florida Board of Land Surveyors pursuant to Section 472.07 Florida Statutes and the minimum requirements of the F L.T A. SCALE I" = 20' SURVEY DATE .Ianuary 21st 1993 .1oh Nuriber 84-93 RA'. BOGLE & ASSOC'. INC. LAND SURVG.ti'ORS '1090 Taft Street - Hollywood, Florida 33024 SEAL ROBERT T. BOGLE Registered Land Surveyor No. 3277 STATE OF FLORIDA