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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-283Temp. Reso. #8783 September 20, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- AR- 9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE A UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT WITH N & S BUTTERS FOR THE LIGHT POLES ERECTED IN A UTILITY EASEMENT FOR THE CULLIGAN WATER COMPANY PROJECT LOCATED ON THE EAST SIDE OF HIATUS ROAD SOUTH OF NW 67m STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, N & S Butters, owner of the Culligan Water Company Project (attached hereto in map form as "Exhibit 1 ") located on the east side of Hiatus Road south of NW 67' Street constructed light poles in a utility easement; and WHEREAS, the owner, N & S Butters 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 light poles 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 Culligan Water Company Project; and 1 Temp. Reso. #8783 September 20, 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 N & S Butters, for the light poles erected in a utility easement for the Culligan Water Company 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 N & S Butters, for the light poles erected in a utility easement for the Culligan Water Company Project (attached hereto as "Exhibit 2") located on the east side of Hiatus Road south of NW 67t" 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. 1 1 1 Temp. Reso. #8783 September 20, 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. A PASSED, ADOPTED AND APPROVED this c--27 day of ° W111'1'a ATTEST: CAROL G D, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have MW/krs/tf CITY ATTO JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SWREISER DIST is COMM. PORTNER DIST 4: __- A MISHKIN DIST 3: COMM. SULTANOF4 DIST 4: COM-1. ROBERT'� EXHIBIT 1 L • • TEMP. RESO. # 8783 LN. WH TMA LN. l I? 71 pL 3 TR11 G t BAILEY LN.ESTWL]❑D X w PER] W NKEL LN. CAPTIVA EA HIBISCUS LN. a d 7 a 3 PALM IDGE LN. d 7b 76sOD EWEL BOX LN. ANGEL WING DR. ST MCNAB ROAD TEE PLAT J & J PLAT TAMARAC N D ¢ MARKET x .................... ................................................................................................. .......................................................................... PLACE i r 0 TAMARAC 1299a. i m LAND TRUST a PLAT L❑VESHAW I.T.W, MIMA / 67 ST SUNBELT PRECISI❑N MEDIA❑NE v y W ARCH 0= ALUMINUM q y WATER W 7 COMPANY SITE J y y LOCATION = W O ¢ W O v W .. PUBLIC SERVICES LAND SEC, COMPLEX r d 7 � r ¢ N N J a ¢ (y- a PROP❑SED z N W STATE STREET w Q 4p N WESTPORT eL cy o �' w Y � p a U 2 CULLIGAN.DWG CULLIGAN WATER COMPANY UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT "Exhibit 2" UTILITY EASEMENT ENCROACHMENT 40 AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND Culligan Water Company THIS AGREEMENT made this day of 19 T / by and between the CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and N & S Butters, a Florida corporation with principal offices located at 2005 W. Cypress Creek Road Suite 202, Ft. Lauderdale, FL 33309, (hereinafter called the DEVELOPER/OWNER), for the purpose of holding the CITY harmless for the removal or destruction of light poles 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 light poles 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 - page - of the Broward County public records; and WHEREAS, said existing light poles are described on the site plan for Culligan Water Company prepared by SunTech Engteerinq and dated April 27,_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 light poles; 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. 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, light poles, 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 easement(s) shall be limited to 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 light poles, 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. IN WITNESS WHEREOF, the parties have made and executed this Utility Easement Encroachments and Hold Harmless Agreement on the respective 0 dates under each signature. CITY OF TAMARAC, through its Mayor and N & S Butters, through its President,Sam Butters, duly authorized to execute same. CITY OF TAMARAC 46 Schreiber, Mayor Date: ATTEST: _ Carol Gold, C /AAE Jeffery C0116, City Manager City Clerk App su icie Mitchel as to form and S. Kraft, ATTEST: /N� Corporate Secretary (Corporate Seal) NAT BUTTERS DEVELOPER/ WN R By _ J"/ President Sam Butters Type/Print Name 9-22--99 Date: Type/Print Name a`` 0.--award C%. .Gp4M15S1019 .y �o 20. #CC 713963 Wt Edward Chinsky, Notary LEGAL DESCRIPTION A portion of Parcel "B" , S & N PLAT, according -to the plat thereof, as recorded in Plat Book 154, Page 38 of the public records of Broward County, Florida, more fully described as follows: Commencing at the Southwest corner of said Parcel "B thence North 89'23'12" East on the South line of said Parcel "B", a distance 29.90 feet to the Point of Beginning; thence continue North 89'23'12" East on said South line, a distance of 236.49 feet; thence North 01'04'45)1 West, a distance of 253.34 feet; thence South 89026'31" West, a distance of 364.05 feet to a point of curve; thence Southeasterly on said curve to the left, with a chord bearing of South 27'40'40" East, having a radius of 902.00 feet and a central angle of 18'10'22", an arc distance of 286.08 feet to the Point of Beginning. Said lands situate, lying and being in the City of .Tamarac, Broward County, Florida, containing 78,263 square feet, or 1.7967 acres more or less. Exhibit "A" 0 • • JA/Y7 ek17/M.FA7 e} I r s ,# Ik N O ; its, 144 ,,V 3TgTgxH,, .; "Exhibit B" ti'.kn z �ti� 333211a g "� • -° SCALE: k 1 "= 60' ~ �� N69'26'31"E w TAMARAC ' 1 � ~ 43 .00' r � i . � , r"' Nor � � •, r ��'"- - 0 Lv r5 9'26'31'W� %- , p lit i � s, I S a: 65 }1 A?•' ;} O andl R-902.00' Hg 'a .. --- A-22.73' 4y W LOCATION MAP 0-01.26'37" Na w Scale V Or; o s 0lk; s r ��, • : ,��• �i51 y9 s �� a. • J 0 10. W cb Ln (�A �C? �;\ S00.36'48"E qpL 15.16'N89_23312_E� 175_39^�r� N 4.99' o ra ,ri g7 N89'23'12'E S89'23'12"W 190,51' P.O.B. SOUTH LINE PARCEL 'B" P.O.C. S.W. CORNER PARCEL V SKETCH AND DESCRIPTION WATERLINE EASEMENT i A portion of Panel 181. S 8 N PLAT. according to the plat thereof recorded in Plat Book 154, Page 38, d the public records of Broward County, Florida, more fully deecnbad as fdlm": Commencing at the SOuthweat 00rner of said Pamel'B'; thanes North 89e2'3'12' East, on the South line d said Parcel 'Er, a distance of 74.99 feet to the Pant of Beginning; bonce North 00'36'48' Want, a distance of 25.84 feet; tnanoe North 32'4229' West, a distance of 109.19 feet; thence North 24%'17" West, a dswm of 50.60 feet; thence South 65'04'43' WOW, a distance of 16.19 fast; therm North 24.55'17' West, a distance of 3.55 lost thence South'65'04'47 West a dstance of 18.61 lost thenca North 24W 17' Wart, a distance of 9.64 feet; thence South 65'04'43' West, a distance of 21.03 feet tD a point on a curve; thence Northwesterly on a arwe to the rot whose mdus paint beer; North 64'27W East with a radius of 902.00 feat and a central angle of 01e26'37% an we distance of 22.73 feet thenos North 65'58'56' East a I distance of 14.31 feet; thence South 2456'17' East a dstance of 7.50 feet 8larlce North 65'04'47 East, a datax+e of 42,00 feet thence North 24'66'17' West a datar= of 54.49 feet thence North 2OW47 East a datanae of 14.76 feel; thence North 8A'26'31" East a distance of 43.00 fee, thence South 00.46 45" East a dttarm of 9.30 feet thence SOWN 89"26'31' West a distance of 30.51 feel; thence South 2010443' West a distance of 4.26 feet thence South 24WI7' East a distance of 126.04 feat thence South 320472V East, a distance of 75.08 fee, thence North 57.731' East a distance of 14.39 feet thence South 32640'14' East a dstertna of 10.00 feet Qlerloe South 57'17'31' Weak a dalanoe of 14.38 feet thence South 32'4M East a distance of 27.40 fee, thane Sotto 00'36'48' East a distance of 15.16 feet thence North B9'23'12' East a distance of 175.39 feat #*nos South 01'04'46' East a distance of 15.00 feet hum South 89'23'17 Welt on the acid South One of Paroel'8', a distance of 190.51 feet to the Point of Beginning. Said land situate, lying end being in the City of Tamarac. Bmwwd County, Florida Cartifled correct. Dated at Fart Lauderdale, Florida, aria 19th day of April, 1999. I NOTES: McLAUGHLIN ENGINEERING CO. (1) THIS IS NOT A SURVEY, (2) This aketch reflects all easements and rights•d-way as shown on the above retwenced plat. The 81.40d property was not abstracted for other aeaemanta. road reservations or rights d- erdd A way of record by McLaugW Land Surveyor No. 5269 (3) Deeaiption prepared McLaughlin nEEngineering Co. be 19th day of April, 1999, and does Stang Co. te offFlorida not infer title or ownership. (4) Bearings refer to the plat of S & N PLAT, 154/38. (5) THIS DRAWING IS NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL. LEGEND: l P.0.8.=Pant of Beginning, P.O.C.= Point of COmfencerwS.W.= t Soutilrrreek R=Radius, D=Central Angle (Delta), A=Arc,=Canterilne. 9IELa eooK No. Q •„ __�_ DaAwn By roe ORDER No. T- 1 (�� CHM"D By r� "Exhibit C" 0 • n e� II � Fo ...M, Ole -wee --Ole 050 ONO 1509iT%A /�R9tdy^�� 'r a r 6 Sig I _La,. a I aAZ uh ;6 i I � +'0"" . - J - T • . _ T 10cowiar nancw.r 7 � � � _ iI �`^' "" �_ __. � �� �- � w�' ram•-� - - - -� _ ..._� �,- - � i 1 -'• - - � r - 1 _ P; ---� _1 -- ----------L_—----- EXISTINC ARCH KU4 V BUkC � I U r ua CULLIGAN�" 'TECA S �Tr4 Ise. p ul L-! WATER & SEWER PLAN ~ ^'�• ••'"'• '' "'w""