HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-361Temp. Reso. #9608
November 13, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-361
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 SONNY GENTILE
FOR A SIGN TO BE CONSTRUCTED WITHIN UTILITY
EASEMENTS ON THE TUBBY'S FOOD STORE SITE
LOCATED AT 6980 WEST MCNAB 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, Sonny Gentile is the owner of Tubby's Food Store which is located
at 6980 West McNab Road (a copy of which is attached hereto in map form as "Exhibit
1 "); and
WHEREAS, Sonny Gentile 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 sign as a result of any repair or maintenance to the utility easement or
infrastructure; and
Temp. Reso. #9608
November 13, 2001 2
WHEREAS, the Director of Utilities recommends the acceptance and execution
of this Utility Easement Encroachment and Hold Harmless Agreement for the Tubby's
Food Store; 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 Sonny
Gentile for a sign to be constructed within utility easements on the Tubby's Food 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 Sonny Gentile for a sign to be constructed within utility easements on the Tubby's
Food Store site (a copy of which is attached hereto as "Exhibit 2") located at 6980 West
18 P 0 M7WT-ToI
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hereby repealed to the extent of such conflict.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
F
Temp. Reso. #9608
November 13, 2001 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 12t" day of December, 2001.
ATTEST:
MARION NSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
MITCHELL
CITY ATT
TR/dtm/db
NEY
A
JOE SCHREIBER
MAYOR
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TUBBY'S_FQQD_STORE.DWG
TUBBY'S FOOD STORE
UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT
Exhibit 2
UTILITY EASEMENT ENCROACHMENT
AND
HOLD HARMLESS AGREEMENT BETWEEN
THE CITY OF TAMARAC
AND
5aN �N71 �E
THIS AGREEMENT made this /F day of , 200 1 by and between the
CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 88tn
Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and .5����f�,
a resident whose property is located at Q
L (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 T/
page of the Broward County public records; and
VHEREAS, said existing landscaping and/o41ructures are described on the site plan
forTuprepared by ui nd dated I �i�_, a
copy of hich is on file with the CITY and attache hereto nd inc rporated 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 andTu I' r through its
Owner, SooSoou G fi le , duly authorized to execute same.
ATTEST:
Marion Swe on, CIVIC t
City Clerk
as to form qnd legal
II S. Kraft: C
STATE OF FLORIDA
: SS
COUNTY OF &'00) 4,20 :
CITY OF TAMARAC
R
Joe Schreiber, Mayor
Date: 12,
7-z 4. ^W'j,
Jeffr y L. Miller, 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 Joy ;bi-i-:LvL A111z 1 c-e to me known to be the Derson(s)
described in and who executed the foregoing instrument and
acknowledged before me and under oath that -T74t--3/
774L-/
executed the same.
WITNESS my hand and official seal this day of 20 Q
DAWN M. IESNIAKOWSKI NOTARY PUBLIC, State of Florida
NOTARY COMMISSION CC962198
dPUNUO EXPIRES AUG 20 2004
ONM BONDED THRouGH
ADVANTAGE NOTARY
( �`) Personally known to me, or
( ) Produced Identification
at Large
Lv/) c�/1
(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
IN TNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
yea, fl st above ritten.,
(GRA7'?
)
X X
Witn ss "/AdA_Type Name/Title 5aN0I GtN TI LE L� I�IJaQ
Type Name rr�;J' -
)(
Wrt'ness
Type Name
STATE OF FLORIDA
COUNTY OF
P'<� tJ I
SS
Type Name/Title
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State afor said and in the County aforesaid to take acknowledgments, personally
appeared 0h, � C e, I f to me known to be the person(s)
described in and wh6 executed the foregoing instrument and acknowledged
before me and under oath that -It executed the same.
20(
WITNESS my hand and official seal this 15
yes+` "'TP •,,� Email lOdk
C0Mn*S1 nY * DD 033042
&P T �#
nr1-tc BOAdMg Co., Inc
( ) Personally known to me, or
( ) Produced Identification
day of
NOTARY=PUBLIC, State of Florida
at Large
(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
r- xH Il3/T A
AVENUE
o�:ROALt. FLOR10A
\1cLAUGHLIN ENGINEERING C(
ENGINEERS • SURVEYORS
Survey for: Charlea F. Runge
INDICATES MARKERS 6930 McNnh Rcnd
SCALE: 1" = lo' Pt, 1.IudorJnle,
I
CERTIFICATE OF SURVEY
K _
raPci
nL i4K 149 T i
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P A Ci G T1,L.. F�
The North 125 feet (as measured along the Cast boundary) of Tract "To', THE
MAINLANDS OF TAKARAC LAKES UNIT FIFTEEN, according to the pint Lheroof,
recorded in Plat Book 71, Page ], of the public records of Urnwnrd County,
Florida.
CITY OF TAMARAC ,
SROWARD COUNTY, FLORIDA
We hereby certify that we haves this day completed .a survey of the above described
premises, that markers have been set as indicated and that this drawing is a true
and correct delineation Chereof.
Dated at Fort Lauderdale, Florida. this 28th day of -July, 1971.
McLauchlin' EnQLneerine Co.
Foundation location made this 1.4tll day. of
October, 1971.
HuilAing location made this
April, 1972.
PAV L' fAq.N`r
18th day of
l� 1^
y
Regi torn.d Land Surveyor Np.�2021
Stat of Florida
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