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
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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.
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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
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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
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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%.
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#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"
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P.O.B. SOUTH LINE PARCEL 'B"
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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.
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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"
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