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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-329Temp. Reso. #8828 November 8, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- 3,0 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 INTOWN SUITES COMMERCIAL BOULEVARD, INC. FOR THE CURBING CONSTRUCTED IN A UTILITY EASEMENT FOR THE INTOWN SUITES PROJECT LOCATED ON THE NORTHEAST CORNER OF COMMERCIAL BOULEVARD AND NW 82nd AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Intown Suites Commercial Boulevard, Inc., owner of the Intown Suites Project (attached hereto in map form as "Exhibit 1 °) located on the northeast corner of Commercial Boulevard and NW 82nd Avenue constructed curbing in a utility easement; and WHEREAS, the owner, Intown Suites Commercial Boulevard, Inc. 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 curbing 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 Intown Suites Project; and Temp. Reso. #8828 November 8, 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 Intown Suites Commercial Boulevard, Inc., for the curbing constructed in a utility easement for the Intown Suites 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 Intown Suites Commercial Boulevard, Inc. for the curbing constructed in a utility easement for the Intown Suites Project (attached hereto as "Exhibit 2") located on the northeast corner of Commercial Boulevard and NW 82"a Avenue. 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. Temp. Reso. #8828 November 8, 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. i'-1 PASSED, ADOPTED AND APPROVED this day of _Sq�A� 1999. JOE SCHREIBER MAYOR ATTEST: CAROL GOCMC/AAE CITY CT ERK I HEREBY CERTIFY that I have approved this RESOLUTION gae U MITCHELt S. AFT CITY ATTO EY M W/krs/tf fl RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: Comm. PORTNER 1 DIST 2: V/M MISHKIN / DIST 3: COMM`SULTANOF DIST 4: COMM. ROBERTS 1 EXHIBIT I C� �J U -7 TEMP. RESO. #8828 *70 ST o a,z 71 CT JN] W Q Jq -Li }N ix IOL < Z 0> v> o� 13 3; C5 � a uj =) / J z M 0 W❑❑DM❑NT ¢ W❑❑DM❑NT p W Toa a s <1 co ¢ W u o3 a °° W z / w wW COMMONS PLAZA Lo-w f � V) � 3 y y v y y y y y McNAB ROAD C❑NC❑RD VILLAGE y y yW❑o LANII LAKES y y y y y y C0 y y y y y W y y y v y y y y y y V LA y y y y y TS• y W y y COL. W. SANDS P❑INT CLUB` LAND , SEC. 9 y y y y CANNpNC,gT" y y y y HOUSE v� \ WNY y \\\\ \•\. y y �� N. 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BLDG 57 ST 57 CT 57 CT / n NW 57TH ST SITE —,a x LOCATION "°"" CHEVRON cu � ❑MMERGIAL-�L`✓L�.---_-___.___-. INT❑WN_SUI.DWG INTOWN SUITES UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT "Exhibit 2" UTILITY EASEMENT ENCROACHMENT • AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND INTOWN SIIITES, INC. THIS AGREEMENT made this VIA day of 1990 by and between the CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 88t' Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and INTOWN MP MERCIAL BOULEVARD, INC. a GEORGIA corporation with principal offices located at [SEE EXHIBIT "D" .1, (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/or structures 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 SUITES WHEREAS, said existing landscaping and/or structures are described on the site plan for INTOWN SUITES prepared by SEE EXHIBIT I'D" and dated JULY 7, 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; 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. 0 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 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 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 sums , INc., its successors and assigns." em 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 dates under each signature. CITY OF TAMARAC, through its Mayor and INTOWN SUITES, INCthrough its VICE PRESIDENT OF REAL ESTATE, MICHAEL SMITH dilly authorized to execute same. CITY OF TAMARAC Jo Schreiber, Mayor Date: ATTE Carol Gold, C C AAE Pffery L. ler, ity Manager City Cle; I: / to form phd legal • Mitchell ATT, ST: Corporate Secretary (Corporate Seal) Type/Print Name r� INTOWN SUTTRS DEVELOPERIOWNER z COMMERCTAL BOULEVARD, TN M VICE PRESIDENT MICHAEL SMITH, VP, REAL ESTATE Type/Print Name Date: 'k' r 9 • r� • IS all I� EXHIBIT "C" y9� I A ASSOCIATED ENGINEERS do SURVEYORS OF SOUTH FLORIDA, CORPORATION CEINSLLTING ENMIAIMS -- LAND SLRVEYORS 7300 GRIFFIN RIX, SURE Igo DAVIE FL 33314 PHONE 1930 79J-010 FAM C954) 791-1338 SHEET 1 OF 1 rI r� EXHIBIT "A" - SKETCH AND DEBCRIPTK)N - NOTE: THIS IS NOT A SURVEY BUT ONLY A GRAPHIC REPRESENTATION OF THE DESCRIPTION SHOWN HERON. Description of BoRmdary of Inform Suites (Tamamc): Lots 7,8,9 and the West 66.00 feet of lot 6, block 6 of the subdivision of "Lyons Commercial Subdivision", according to the Plat thereof as recorded in Plat Book 69, at Page 42 of the Public Records of Broward County, Florida. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida, and containing approximately 130,680 Square Feet or 3.00 Acres. NW 57TH STREET 446.00' N. LINE, BLOCK 6 Ewa 4 1aoa�4a' T ' 1 I I vr,+ • i i I 1 1 I 1 I 1 I 1 1 I I z I � I I VNTDWN SUITES SATE 1 1 L YDNSt COMMERCIAL SUBbIVISION I �.B. 69, PAGE 42 I >R j I THE W. 66' LOT 9 ( LOT B 1 LOT 7 OF LOT 6 BLOCK 6 1 BLOCK 6 I BLOCK 6 I BLOCK 6 I WEST COMMERCIAL BLVD. ASSOCIATED ENGINEERS & SURVEYORS OF SOUTH FLORIDA CORP. '1.8./0006827 OE.B.00007846 BYE4i FRA C= A AQRR K, mL ras Ri.09TOW0 [TIWIM a 354W Krim �o LANISLIVA" a sea Fl ITIM ff mml► LINE, BLOCK 6 I HEREBY CERTIFY: THAT THE ATTACHED SKETCH AND DESCRIPTION CONFORMS TO CHAPTER 21HH-6.06 (1) (FLORIDA ADMINISTRATIVE CODE), MINIMUM iECHNiCAL STANDARDS FOR LANO SURVEYING IN THE STATE OF FLORIDA. AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF UPDATESAEVISIONS BYI NOTE, The undersigned and ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORIDA CORPORATION make no representations or guarantees as to the completeness of the Infornatloo reflected hereon pertaining to easement, right -of -say set back lines, reservations, agreements or other matter of record. This Instrument Is Intended to reflect or set forth only the Information shown In the reference above. ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORIDA CORP. Did not research %pubile record natters affecting the land shown I�TD This Instrument Is the property of ASSOCIATED ENGINEERS LppnSURVEY13RS 13F SOUTH FLORIDA, CORP. And shall not be repsS ANuD ad In whole or SU VEYORS OF In paFrtwithout written permission of ASSOCIATED ENGI CORPORATIERL WALE DRAWN sin CHECKED Bri F.BPG. PRR.�CT Noo NTS 7TFA FAA 99-973 ASSOCIATED ENGINEERS 8 SURVEYORS OF SOUTH FLORIDA. CORPORATION CMVS1LnM ENGINEERS - LAMD SURVEYRRS 7390 GRIFFIN R81, SUITE 109 nOk%a , FL 33314 PHONE C954P 791-110 FA)h C9342 791-13= SHEET 1 OF4 SEE ATTACHED EXHIBIT ON SHEET 2 OF 4 FOR LEGAL DESCRIPTION. EXHIBIT "B" - SKETCH AND DESCRIPTION -- NOTE THIS IS NOT A SURVEY BUT ONLY A GRAPHIC REPRESENTATION OF THE DESCRIPTION SHOWN HERON. Lenend, C.L. = Centerline P.O.B. = Point Of Beginning P.O.C. = Point Of Commencement P.O.T. = Paint Of Termination P.O.B. 55.40' C.L. #1 P.O.C. K" . n ._ a POINT Pow `V, P.0.8. AREA I' CL a C P1 REA 1' I47NOrCOVIPW Y� NW 57TH STREET 446.00' P.O.T. re Wr C.L. # WMR-LINE P.O.T. C.L. /4 _ GE/11ER-LME /4� a34' N43'*0oo'E� 446.00' WEST COMMERCIAL BLVD. ASSOCIATED ENGINEERS B SURVEYORS OF SOUTH FLORIDA CORP. eL.B.l0006821 eE.B.I0007U6 n 11 BYI \ NANCEmI A. AgapAE. P,L PLS. tE TElEO UGDmI a 25 a7 AYWSTMO LANOpgVEV110 • 3=4 STATE W R[t & Hr POINT eD" cC j P.O.B. C.L /3 P.O.T C.L. 12 P.O.T. C.L. /3 1 HEREBY CERTIFY. THAT THE ATTACHED SKETCH AND DESCRIPTION CONFORMS TO CHAPTER 21NN-6.06 (1) (FLORIDA ADMINISTRATIVE COMI MINIM" TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORID& AND IS TRUE AND CORRECT TO THE BEST OF Ml KNOWLEDGE AND BELIEF IPDATES/REVISIONS NOTEi The undersigned and ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORIDA CORPORATION make no representations or guarantees as to the completeness of the Information reflected hereon pertaining to easement, right-of-way set back lines, reservations, agreements or other matter of record. This Instrument Is Intended to reflect or set forth only the Information shown In the reference above. ASSOCIATE➢ ENGINEERS L SURVEYORS OF SOUTH FLORIDA CORP. Did not research ppublic record matters affecting the land shorn. NOTE, This Instrument Is the property of ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORIDA. CORP. And shall not be reproduced In whole or In part wlthaut written permission of ASSOCIATE➢ ENGINEERS AND SURVEYORS OF S➢UTH FL13RIDA CORPORATION. SCALE DRAWN HY# CHECKED HY. F.IIP.G: PROJECT Aio.r NTS XFA FAA IIA- 11W INTOWN SUITES, INC. ❑EDICATION SHEET 2 OF 4 TO CITY OF TAMARAC SEE SHEET 1 OF FOR SKETCH OF EXHIBIT "B" EASEMENT. Description of a 15 Foot Exclusive Water and Sewer Utility Easement for City of Tamarac: A Parcel of land located within lots 7, 8 9, and the West 66.00 feet of lot 6, block 6 of the subdivision of "Lyons Commercial Subdivision", according to the Plat thereofas recorded in Plat Book 69, at page 42 of the Public Records of Broward County, Florida. Said Parcel of land being more specifically described as lollows: A strip of land 7.50 feet wide located at each side of the following described centerlines: Description of Centerline Number 1: Commence at the Northwest corner (at intersection of tangent lines) of said lot 9, of block 6; thence proceed S 89059'40" E, along the North line of said block 6, for a distance of 55.40 feet to the Point of Beginning of the herein described Centerline number 1; thence proceed S 00' 00'00" E. for a distance of 88.04 feet to Point "A"; thence continue along the last described course of S 000 00'00" E, for a distance of 158.32 feet; thence proceed S 45 " 00'00" E for a distance of 7.00 feet; thence proceed S 90° 00'00" E, for a distance of 334.63 feet; thence proceed N 45' 00'00" E, for a distance of 3.66 feet to Point "B' ; thence continue along the last described course N 450 00'00" E, for a distance of 3.34 feet; thence proceed N 000 00'00" W, for a distance of 25.70 feet to Point "C' ; thence continue along the last described course of N 000 00'00" W, for a distance of 105.53 feet; thence proceed N 440 59'48" W, for a distance of 7.00 feet; thence proceed_N 900 00'00" W, for a distance of 69.39 feet; thence proceed N 44" 59'48" W, for a distance of 7.00 fect; thence proceed N 00" 00'20" E, for a distance of 105.20 feet to the Point of Termination of the herein described Centerline Number I, said point being on the North line of said block 6. Description of Centerline Number 2: Begin at the above -described Point "B"; thence proceed S 45' 00'00" E. for a distance of 22.73 feet; thence proceed N 900 00'00" E, for a distance of 24.46 feet to Point "D'; thence continue along the last described course of N 90' 00'00"E, for a distance of 7.90 feet to the Point of Termination of the herein -described Centerline Number 2, said point being on the last boundary line of said West 66.00 feet of lot 6, block 6. Description of Centerline Number 3: Begin at the above -described Point "D"; thence proceed S00" 00'00" E, for a distance of 28,20 feet to the Point of Termination of the herein -described Centerline Number 3, said point being on the South boundary line of said block 6. Description of Centerline Number 4: Begin at the above -described Point "C"; thence proceed S 900 00'00" W, for a distance of 18.01 feet to the Point of Termination of the herein -described Centerline Number 4. Together with: Description of "Area I": A parcel of land within lot 9, block 6, of the Subdivision of "l,yons Commercial Subdivision", according to the plat thereof as recorded in Plat Book 69 at page 42, of the Public Records of Broward County, Florida. Said parcel of land being more particularly described as: Commence at the above -described Point "A"; thence proceed S 90° 00'00" E for a distance of 7.50 feet To Point "E", said point being the Point of Beginning of the herein described "Area I'; thence proceed N 000 00'00" W ,for a distance of 15.62 feet: thence proceed S 900 00'00" E, for a distance of L7.06 feet; thence proceed S 000 00'00" E, for a distance of 31.24 feet; thence proceed N 90° 00'00" W, (or a distance of 17.06 feet; thence proceed N 00" 00'00" W, for a distance of 15.62 feet to Point "E". Said lands situate, lying and being in the City of Tamarac, Broward County, Florida, and . containing approximately 15,550 Square Feet or 0.36 Acres. EXHIBIT "D" DEVELOPER: INTOWN SUITES COMMERCIAL BOULEVARD, INC. /OWNER ADDRESS OF PRINCIPAL OFFICE: 2102 PIEDMONT ROAD ATLANTA, GEORGIA 30324 ENGINEER OF RECORD (DESIGNED SUBJECT SITE PLAN): ASSOCIATED ENGINEERS AND SURVEYORS OF SOUTH FLORIDA, CORP. rI 0 11/05/1999 12:03 404-875-7427 INTOWN SUITES PAGE 01 r� 0 S U 1 T' E So 2102 Pledmont Road• Atlanta, Georgia 30324 0 40,4.875.7910 FaX 404.875.9544 November 5, 1999 VIA FA,CS M E (954) 724.2406 City of Tamarac Utilities Department Attention: Kurt The purpose of this letter is to notify you that Michael Smith is authorized to sign all building contracts, developer's agreements and easements in the name of Imown Suites. Should you require additional information or have any questions, do not hesitate to contact me at (404) 875-7910, extension 109. ST7, David Vickers President c: Micbacl