HomeMy WebLinkAboutCity of Tamarac Resolution R-99-216Temp. Reso. #8704, July 28, 1999 1
CITY OF TAMARAC
RESOLUTION NO. R-99-I�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, TO AUTHORIZE THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A UTILITY EASEMENT ENCROACHMENT AND
HOLD HARMLESS AGREEMENT WITH PROSPECT
COMMERCIAL, INC., FOR THE LANDSCAPING ERECTED
IN A UTILITY EASEMENT IN THE COMMERCIAL SHOPPES
PROJECT, LOCATED AT 4800 WEST COMMERCIAL
BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Prospect Commercial, Inc., developer of the Commercial Shoppes
Project (attached hereto in map form as "Exhibit 1 ") located at 4800 West Commercial
Boulevard constructed landscaping in a utility easement; and
WHEREAS, the developer, Prospect Commercial, Inc., 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 the landscaping 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 for the
Commercial Shoppes Project; and
1
Temp. Reso. #8704, July 28, 1999 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 Prospect
Commercial, Inc., for the landscaping erected in a utility easement at the Commercial
Shoppes Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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: That the appropriate City Officials are hereby authorized to
accept and execute a Utility Easement Encroachment and Hold Harmless Agreement
with Prospect Commercial, Inc., for the landscaping erected in a utility easement at the
Commercial Shoppes Project (attached hereto as "Exhibit 2") located at 4800 West
Commercial Boulevard.
SECTION 3: That 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
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11
Temp. Reso. #8704, July 28, 1999 3
applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this � day of 1440
1999.
ATTEST:
CAROL GO , CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
aaoraved this RESOLUTION as
to rr i.
MITCHELL . N
CITY ATT04
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JOE SCHREIBER If
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1:
COMM. PDRTA
DIST 2:
V/M MISHI4N
DIST 3:
COMM. SULTAMKaF
DIST 4: ____-COMM.
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UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT
JUL 1D—Zld IHU Uy-. I Nrt r. ue
"Exhibit 2"
UTILITY EASEMENT ENCROACHMENT
AND
HOLD HARMLESS AGREEMENT BETWEEN
THE CITY OF TAMARAC
AND
PROSPECT COMMERCIAL INC.
THIS AGREEMENT made this -k± day of 19� by and
between the CITY OFTAMARAC a municipal Corporat n with principal offices located
at 7525 NW 88' Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and
PROSPECT CQMMER „C[AL, _ I_NQ., a Florida corporation with principal offices located at
943 Clint Moore Road, Boca Raton, Florida, 33487, (hereinafter called the
DEVELOPER/OWNER), for the purpose of holding the CITY harmless for the removal or
destruction of landscaping located on DEVELOPER/OWNER's property and within utility
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
as part of its development of the parcel described in hibit A within utility easement(s)
described in Exhibit B, attached hereto and incorporated herein by reference, and
recorded in O.R. Book 19362 page 547 of the Broward County public records, and
WHEREAS, said existing landscaping is shown on the site plan for Commercial
Shoppes prepared by Sun- Leh Engineering,Inc. and dated Qgl2ber 28, 199$, a copy
of which is on file with the CITY and attached hereto and incorporated herein by
reference as EKhibit ; 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, DEVELOPER/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. P.
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2. DEVELOPER/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,
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 utility easement(s).
5. CITY shall be entitled to make emergency repairs to utility lines within the
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 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. DEVELOPER/OWNER agrees that landscaping within the utility
J4 easement(s) shall be limited to bushes, shrubs and flowers, and that air trees
41WO be placed within the utility easement(s).
8. DEVELOPER/OWNER shall place a 1' by 1' sign or plaque on the site of
the landscaping, 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 Owner, its successors and assigns."
9. DEVELOPER/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 DEVELOPER/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.
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IN WITNESS WHEREOF, the parties have made and executed this Utility
Easement Encroachments and Hold Harmless Agreement on the respective
dates under each signature. CITY OF TAMARAC, through its Mayor and
Prospect Commercial Inc., through its
President, on duly authorized to execute same.
CITY OF TAMARAC
J Schreiber, Mayor
Date:
ATTES
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Carol Gold, CM9AAE Ro rt S. Noe, Jr., City Manager i
City Clerk
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DESCRIPTION:
City of 't`attwarawc - BEnU the Fast 125 feet of the North 175 feet of Parcel
"S", "Tamarac Lakes South", according to a plat thereof recorded in Plat
Book 62, at page 24, of the Public Records of said Bruwntd County, and a
portion of the Northwest quarter of the Southeast quarter of Section 17,
Township 49 South, Range 42 East, LYING. East of and adjacent to said
Parcel "S", bound on the Fast by a line parallel to and 50 feet Fast of
the East line of said Parcel "S" and bounded an the North by the Easterly
eottenaicn of the North line of said Parcel 'S" and bounded an the South by
a line parallel to and 175 feet South of the said North line of said
Faroal'"S". LESS the external part of a 25 foot radius curve LYING
betleeEnu the tangents and being located at the Northeast corner of the
above described portion of said Section 17, and mare particularly
described as follu"t
BBGIMING at the Southeasterly end of a curved highway connecting right of
way line which connects the Southerly right of way line of west Ccmnarcial
Bailevard (N.N. 50th Street) (100 toot right of way) with the westerly
right. of way lire of Prospect Road (100 foot right of way)) running thanes
(1) along the said line of Prospect Road, south 01 degree 18 minutes 53
seconds Fast 149.09 feet to an 1rtm pipe in concrete in lime of land now
or formwarly of P+etau ary Developtent Corptaationt thence (2) along the said
line of land of February DevelopTent Corporation; South 88 degrees 26
minutes 15 seconds west 175 feet to an iron pips in ccncatate in another
line of land now or formerly of February Detvalopnlent Corporation; thence
(3) along said other line of land of February Develops t Carptrration;
North 01 degree 18 minutes 53 seconds Wast 175 feet to an iron pipe in
c3o; 3str in the said line of west Ccarnsrcial Boulevard 1 ttlsnce (4) along
the said line of west Cumwarcial Boulevard, North 88 degrees 26 minutes 15
seconds East 149.09 feet to the Northwesterly end of the said curved _
highway Connecting right of way line; and thence (5) along sold curved
highway ,connecti.ng right of way line, along a curve to the right with a
radius of 25 feet, an arc distance of 39.38 (that chord bearing and
distance of said arc being South 46 degrees 26 minutes 19 seconds East
35.43 feet) to the Place of Beginning; said lands situate, lying and being
in Brcwuzd County, Florida;
(Xi W AM SUB,7ECP to the restriction that at no time hereafter forever
shall grantee, its successors or assigns, auffar or permit any fence or
obstruction to be constructed or maintained along the etmtuu'boundary.line
of the said conveyed lands and lards adjoining to the South and west which
wound present the free flow of traffic (vehicular and pedestrian) over,
acrtse and along the driveway arena which are or may be constructed end
maintained on lanais abutting or adjoining said oonnnlon property line.
Being the same property designated ss Parcel 6 as conveyed to Mobil Oil
Corporation, a New York Corporation, by Special Warranty Deed from
Atlantic Richfield Campiarty, a lanvusylvanie Corporation, dated March 20,
1972, and recorded in Book 4927, page 843, of Official Records of Braaaxd
County, Florida.
Less the following parcel taken by Bruward County, a political subdivision
of the State of Florida, by a stipulated Final JudgmWit entered an July
17, 1981, ret 78-3393, Parcel 61, and described as followat
�+ A portion of the Northwest one-gtaztr_r (Nw 1/4) of the Southeast
one -quarter (SE 1/4) of Section 17, Township 49 South, Range 42 East, (tore
fully.described as follcwsl
CIi4ENC'ING at the Northeast corner of the said Northwest cne-quarter (NW
1/4) of the Southeast one -quarter (6E 1/4) of Section 17;
TvXNCE South 00' 17' 51" East along the East line of the said Northwest
one -quarter (Nee 1/4) of the Southeast one -quarter (SE 1/4) of Section 17,
a distance of 65:39 feet.
TrMHM South 89' 42' 09" West, a dietancet:of 50.0 feet to the POINT OF
aMINNUC and a point on a curve;
nmKr-E Northwesterly along a curve to the left whose tangent is
perpendicular to the last mentioned course with a radius of 25.0 feet, and
a central angle of 90' 18' 00`, and arc distance of 39.40 feet to a point
of tangency, said point being 40,0 feet South of as measured at right
angles the north line of the said Northwe-st ona-darter (h'w 1/4) of the
Southeast one -quarter (SE 1/4) of Section 17;
IMME South 45' 26' 51" Fast, a distance of 35.45 feet to the POW OF
BMINNING
IT
CERTIFICATE
Th1E Suhnv shouts who Ulnvnu TEahnicol St YldNde of the , HEnE/Y CEPMPT THAT THE ATTACHED art RCM Of 3&Or T OF THE
FWh" ppMd of U" S,wrprt" pwsY t to Chwlw 472.OV. AMCF4 O W'ft&&O FVIoo#gwm IS
"%A M0 COMAeCT To THE SECT
F S. OF Me KNOWrE00E MOrEUEF AS IM/WETEO V,oeR to OM&C.
MOTE; The p"wonv doEenbod hw by h01 b". 8optri Et�O TON,
"Exhibit B"
A/ 4650A
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DESCRIPTION SIDEWALK EASEMENT.'
An easement for the construction and maintenance of sidewalks over all that
part of the Northwest one -quarter (NW1/4) of the Southeast cone -quarter (SE1/4)
of Section 17, Township 49 South, Range 42'East, Broward County, Florida.described
as follows:
Commence at the Northwest corner of Parcel "S", TAMARAC LAKES SOUTH, as recorded
in Plat Book 62, Page 24, of the Public Records of Broward County, Florida;
thence N88005'34"E along the North line of said Parcel "S" and an Easterly
projection thereof 360.46 feet to the POINT OF BEGINNING of the Easement herein
described; thence continue N88005134"E. 7.06 feet; thence S46047'00"E, 35.43
feet; thence S01039'34"E, along the West Right -of -Way line of Prospect Road.
194.89 feet; thence S88005'34"W, 5.00 feet; thence N01039'34"14, parallel with
the West Right -of -Way line of Prospect Road, 192.83 feet; thence N46047100"W,
38.34 feet to the POINT OF BEGINNING.
M
Date: /U -7&r-
H-u97F R.
Davis
P.L.S.#978
State of Florida.
DAVIS .ASSOCIATES, INC,
CoNSNhiNa Civil alul ENuirnuNiodul l npnttrs • lurid Scow rs - Load DtpdopNtal Coruuluutls - Pbiuuns
665 S.S. loth STREET - SUITE 202 - DEERFIELD BEACH, FL 33441
phone: (305) 696.9101
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phone: (305) 698-9101
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