Loading...
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 RECORD OF COMMISSION VOTE: MAYOR SCHREIBER _Aver DIST 1: COMM. PORTNER_Aye, DIST 2: COMM. MISHKIN A ev DIST 3: V/M SULTANOF A ev DIST 4: COMM. ROBERTS A e, EXHIBIT 1 r TEMP. RESO. # 9 6 0 8 n a GREENBRIAR ~ > ~L n a , 9 10 a a n MAIN 75 CT g w 7¢ 75 ST n n 74 PL AN OR 16 7 NTH' 6 `p c5 n 74 ~ 75 CT 75 ST PL —� TAMARA MED. CTR PICCADILLY 73 ST 73 ST 72 ST 72 ST 72 ST , 72 ST 7 6 5 7 7 ^ p 71 CT p a a 71 ST e w 71 CT PARK WQODMONT J� n n PLACE rHERAPEL SQUARE ric ���1 70 CT g 71 ST 4�1�f MA LANDS 14 ¢ w BR KW00 70 ST RCREST 14 70 CT BA G DENSE ❑ �O > > r` %0 70 ST N.-AMER. tl 1 UNITED ❑ 1 w ALBERTS❑N 1 METHO`DIST� z y 0 t~/ 0Z �¢ �� ]Qom NATIONS SHELL �0 LAKE Z a y W a z Z o f BRO❑KSIDE COVE BAN AB ROAD C69STJ COLONY a+ I-- w o `` i MCNAB ROAD GW BANK TEXACO TAMARAC PLAZA BR❑❑KW❑❑D CASABLANCA PLAZA CENTER 1 NANDINA LN 7 WOODLANDS 2 MARLBERRY LN UNIVERSITY 68 ST SCHOOL 3 LANTANA LN COMMONS 4 CARISSA CT a a \ 5 CANELLA CT racy 67 ST w SITE 6 MIMOSA WY BELLE Y 7 z LOCATION 7 WISTERIA WY TEORF E a a a 66 ST \ a 8 PAPAYA WY TAMARAC tN- 9 SOLANDRA LN a 10 PRIMROSE LN MAINL NDS S 65 STfjl J UNIV. 64 CT 1� 7 SHOPPES 8 1 OFCS. 64 ST j> fW 64 ST EGAN PLATAND A 0 � a 63 63 CT / U n a ¢ a cu CT 1 1 /� z 0 n n n W 63 ST f 63 ST ILLAGE QUARE SAINT 62 ST 62 STD // , 62 ST w � o 0 Z MALACHY Ld 7 > a w 0 fi JOHN ~ ¢ a a ¢ w 61 ST 3 ~x 3~ 61 ST HORAN TER. ¢ c) c� N n n n g w 7 `n CURTIS MAIN AND SE 10 6� 60 CT ~ FIELD NATI❑NS `�' �� �P qL % f co PLAT BANK 60 ST N 9,G, 9L 60 ST 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 z � 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 I a' CA Iv 1 Mc NNE V-0A0 I 1(25' cmm) , b4a--�- /So.o 1 (� /4'417^I4IrY ANo pAArNA4C dAJeMFNrI CA d 0 TWO 5TORY + � a.s cc"" r Ga:o o. = r• r07cY WHu ICE V° I� o cq v1�G �p r 1 S o.4' a <z Iq rJEID BOOK No. DRAWN BY 0..G ") !OB ORDER No. #' /FZ 2799 CHECK 0 BY ILI, r