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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-259Temp. Reso. #8744, August 31, 1999 1 CITY OF TAMARAC RESOLUTION NO. R-99- A 5- 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 ARCHSTONE COMMUNITIES TRUST FOR A SIGN ERECTED IN A UTILITY EASEMENT IN THE CAMERON GARDENS PROJECT, LOCATED ON THE SOUTHEAST CORNER OF NOB HILL ROAD AND NW 81st STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Archstone Communities Trust, owner of the Cameron Gardens Project (attached hereto in map form as "Exhibit 1 ") located on the southeast corner of Nob Hill Road and NW 81" Street constructed a sign in a utility easement; and WHEREAS, the owner, Archstone Communities Trust, 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 WHEREAS, the Director of Utilities recommends the acceptance and execution of this Utility Easement Encroachment and Hold Harmless Agreement for the Cameron Gardens Project; and 1 1 Temp. Reso. #8744, August 31, 1999 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 Archstone Communities Trust for the sign erected in a utility easement in the Cameron Gardens 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 Archstone Communities Trust for the sign erected in a utility easement in the Cameron Gardens Project (attached hereto as "Exhibit 2") located on the southeast corner of Nob Hill Road and NW 815t Street. 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. 2 1 1 Temp. Reso. #8744, August 31, 1999 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 ��day of - ll ATTEST: CAROL GOLD, CMC/AAE CITY CLERK I HER Y CERTIFY that I have apprAel t s REf OLUTION as to f rm. n / MITCHELL S CITY ATTG MW/krs/mg (7 JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANoF DIST 4: COMM. RoaFmm i EXHIBIT 1 • • • TEMP. RESO. #8744 IC14/CYPRESS CREEK CANAL 1 EXETER C14/CYPRESS CREEK CANALI 83 ST 83 ST - -- - 83 ST LiSPRING AKE VIL AS ST ME ] Cl ac W) m a p2 O� P u o o a+ 82 ST m W co o o cn m J� �J �� cn 0+ TFp 2 81 MANOR ti. pp s T R2 y�� qb��� e ah J 4 \ C tiJ�C vb SECTION 23 cf% C y O�'xf 9oTtiLJ cJP WESTW❑❑D 5 81 CT 0. L❑MBARDY P Lf TR3 QQ i N,� 80 PL SECTION 23 d� Y - � SITEtb', WESTW❑❑D 5A KINGS PT,���h' ='a S LOCATION 80 cl �p C❑MMER. PK. j , HUNTINGT❑N �j . „,, $0 Sr 00ir TR23 LAND SEC, ROCKFORD 6 TR28 O SEDGEFIELD G/p TAMARAC ffIQDD SPORTS COMPLEX TR16 as TR27 EVANGELICAL COVENANT CHURCH L, cn TR33 KINGS PT, PROF, PLAZA KINGS P❑INT SALES CENTER x & CLUB HOUSE r TR29 i v Y❑RKSHIRE x TR30 > A WELDON 2 3 3 %D US LAND SE 5 �/-0 R31 76 a CT 76 ST WEST LAKE VILLAS a 14� 7g 11R �\. OD 75 CT aWESTW❑❑D i -j q PINES cow 3 SPRING LAKE Ij �O� �S R TR37 F ��•��j�� �"I 5 CAM-GARD.DWG CAMERON GARDENS UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT LAND SEC, ROCKFORD 6 TR28 O SEDGEFIELD G/p TAMARAC ffIQDD SPORTS COMPLEX TR16 as TR27 EVANGELICAL COVENANT CHURCH L, cn TR33 KINGS PT, PROF, PLAZA KINGS P❑INT SALES CENTER x & CLUB HOUSE r TR29 i v Y❑RKSHIRE x TR30 > A WELDON 2 3 3 %D US LAND SE 5 �/-0 R31 76 a CT 76 ST WEST LAKE VILLAS a 14� 7g 11R �\. OD 75 CT aWESTW❑❑D i -j q PINES cow 3 SPRING LAKE Ij �O� �S R TR37 F ��•��j�� �"I 5 CAM-GARD.DWG CAMERON GARDENS UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT CAM-GARD.DWG CAMERON GARDENS UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT "Exhibit 2" UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND ARCHSTONE COMMUNITIES TRUST THIS AGREEMENT made this day of 191 � by and between the CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 88`h Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and ARCHSTONE COMMUNITEIS TRUST, a Maryland real estate investment trust, with principal offices located at Six Piedmont Center, Suite 600, Atlanta, GA 30305, (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 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 and wall monument sign (the "Encroachment") as part of its development 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 O.R. Book 24790 page 350 of the Broward County public records; and WHEREAS, said existing landscaping and the Encroachment are described on the site plan for CAMERON GARDENS prepared by KEITH & BALLBE, INC. and dated June 14, 1999, 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 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 (including the Encroachment); 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. CITY hereby consents to the Encroachment. Notwithstanding such consent, DEVELOPER/OWNER agrees to immediately remove at its own expense the Encroachment once notified by the CITY that such consent has been rescinded. DEVELOPER/OWNER shall immediately remove at its own expense any other encroachments into 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). S. 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 additional 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 easement(s) shall be limited to ground cover, bushes, shrubs and flowers, and that no trees shall 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 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 Archstone Communities Trust, a Maryland real estate investment trust, its successors and assigns." 9. DEVELOPER/OWNER shall not place encroachments with 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. 544095.2 81399 1107C 0 12. Venue for any actions resulting from this Agreement shall be Broward County, Y 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 an executed this Utility Easement Encroachments and Hold Harmless Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor, and ARCHSTONE COMMUNITIES TRUST, a Maryland real estate investment trust, through its Senior Vice President Neil T. Brown, duly authorized to execute same. ATTEST: �" A26L it Carol Gold MC/AAE City Clerk rov J as tolform and legae Kraft, C;'ty/Attorney ATTEST: Candice T. Wainwright, Assistant Secretary (Corporate Seal) 544095.2 81399 1 107C CITY OF TAMARAC JoeeSchreiber, Mayor Date: Jeffrey Lr Killr, City Manager / 'Neil T. Bro kn, Senior Vice President Date: 11[:k8L`yl EXHIBIT A E • TAMARAC TRACT 24 (CORAL COVE) NOTES: I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE SURVEYOR FOR EASEMENTS, OWNERSHIP, OR RIGHTS -OF -WAY OF RECORD. 3. THE LAND DESCRIPTION SHOWN HEREON IS BASED UPON THE INSTRUMENT OF RECORD. 4. BEARINGS SHOWN HEREON ARE BASED ON THE PLAT 5. FLOOD ZONE AH (ELEV. 11% COMMUNITY PANEL 120058 0205 F DATED 8/18/92 (PER FEMA MAP) ELEV. 12' PER BROWARD COUNTY MAP ENTITLED "REVISED 100 YEAR FLOOD ELEVATION MAP 8/20/87) 6. ABBREVIATION LEGEND: P - PLAT; R - RADIUS; L - ARC LENGTH; 7. THIS IS NOT A SURVEY DESCRIPTION: PARCEL A. TAMARAC TRACT 24, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 150. PAGE 46 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINING 867.830 SQUARE FEET, (19.92 ACRES). MORE OR LESS. CERTIFICATE: I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE ANC BELIEF AS DELINEATED UNDER MY DIRECTION ON DECEMBER 23, 1997. 1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS. t / KATHLEEN L. HALL, P.L.S. FLORIDA REGISTRATION NO. 4103 KATHL-MN L, FA I- LAW 51. M/F-Y1NG, INC, L-MV 5U VYING/ CAr,,7 5EKMCIr5 23257 S.R. 7, SUITE 207 BOCA RATON, FL. 33428 (r,r,i NAQ7-7A A-7 SCALER - 200' DATE: 12/23/97 SHEET 1 OF 2 InD Ain .inl4 • • C] EXHIBIT A. PAGE 2 TAMARAC TRACT 24 (CORAL COVE) 41.27' oip e 04'21'50"��c L - 95.4300, s S15'54'( A - 90M0.00" R - 100.00' 1 Q L 157.08' N / 1 PARCEL A 0 1 M 1 r� �JS / h x y A 6759'50" \ / R - 300.00' L - 356.03' ---- A — 05'00'42" 24489. R 1130.00' N79-5331-K, L = 98.84' KATH[Xr:EN L. HAU LANs 5LIRVEM6, INC, LANs Si.MM6/ C1CV 51:WCE5 23257 S.R. 7, SUITE 207 BOCA RATON, FL. 33428 (561 )4,97—?447 SCALE: I" — 200' DATE: 12/23/97 SHEET 2 OF 2 JOB N0.:3041 EXHIBIT B • .7 is Y -• _- •S � '~'� fib. '-yi �: t x! .Yc 0I 6dL f�t)•b a�iaQ��:jjta4aroRY4�^� ry QirB;�R ^trY�-j- i B��vQ��RRq ��(�•- i£j O ��iaFi�2��ajtx Att` m d S e!! 6 r f Ell- , I it 9iri � 1!1's j'33 a a a 1111. _• �O 419; It �FFe itto b 00 adto m 13d ma a��nlne4 =E�x7Rn1 i ew' od �F 7R z m jR4alii q j;ca' ;rn on m-45y e jr :'t{e�'e4' =xuo 3. ;Fan o � y p 32 X Y nfm0m o� x Y d e' !R as -!-CLe'i�'Anl q p3vAzi#jai tit 44 INS I Mi tz f • • W m EXHIBIT C g i i IF ' • • is E m +} EJl Pv vc V1 't �� 1ry ij m i� a ! Fi "ll I 1 lrrry m �3 {=t A tr ° Jr JJ. lift r j.14 ■n nHP �� r MI Rf di ds It's CL yqi� 7 _ice I z I RR:iI I . pp� ; d ; pj ,.• V tiiY� i jtty _.. •� � t _ _ � `�• — ��;�. �,. r �•..' J-•1!-E !r� s'.�all:j:� �. 04� � 1 1 i ' P 1'i A : ttt: �- 7ry�~-%'._ -•�_ gory '�...� A 1. 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FMr y 1i:: 3 E +�w+-J+1A.J .� _�i .rsa .� « �. .:7il :�� .■a a� ai{Iec d� d�4 INN r:E i� REjfl l:,d�i.l( ■A or Jv ,;, rr�r A • "!�■ . � :]t .9, •7: S v,tl rlt.J:.j: t Sep-02-99 07:14A Keith & Ballbe', Inc. 9544899802 P.02 .7 • September 111999 Mr. Joe Keith Keith & BaMe' 1700 N. W. 64e Strout, Suite 300 Ft. Lauderdale, FL 33309 Re: Signature Authorization for Neil 7. Brown Dear Joe: Cvmmw3�j,j. Six Me*WM CMMW, Six& Floor Aebmca, Georgia 30303 Tdephoft J404) 237 9292 www.a The following is formal notification that Neil T. Brown, Senior Vice President, Archstone Communitics, does have authorization to sign on Archstone Communities behalf, F ,�Ay Freeman Managing Director zoom saiirnumoo iwismaxr arcttca tar Yvd 42.21 Q3W 68i10/80