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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-2561 October 11, 1995 - Temp. Reso. #7241 1 Revision No. 1 - October 12, 1995 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-95--�—,5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A SIGN ENCROACHMENT TO PERMIT THE INSTALLATION OF THREE (3) GROUND/MONUMENT SIGNS WITHIN THE EXISTING FIFTEEN FOOT (15') UTILITY EASEMENT AT TAMARAC MARKET PLACE LOCATED AT THE SOUTHWEST CORNER OF MCNAB ROAD AND NOB HILL ROAD; PETITION NO. 9-P-95; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, a fifteen (15) foot Utility Easement exists; and WHEREAS, the property owner has obtained the necessary approval of the franchised utility companies and the City Engineer to encroach into the easement; and WHEREAS, the franchised utility companies and the City Engineer have put the property owner on notice that the property owner is responsible for damage to the encroaching structure during normal maintenance and construction of utilities and that any removal or replacement of this construction necessary for the use of the Utility Easement will be done at the expense of the property owner; and WHEREAS, Florida Power and Light has required the owner to execute a non - disturbance agreement; and WHEREAS, the Director of Community Development recommends approval of this request; and October 11, 1995 - Temp. Reso. #7241 2 Revision No. 1 - October 12, 1995 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to grant this sign encroachment request. 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 City Commission hereby approves a sign encroachment to permit the installation of three (3) Ground/monument signs into the fifteen (15) foot Utility Easement located at the southwest corner of McNab Road and Nob Hill Road in Tamarac Market Place subject to the following conditions: a. The property owner is responsible for damage to the encroaching structure during normal maintenance and construction of utilities and that any removal or replacement of this construction necessary for the use of the Utility Easement will be done at the expense of the property owner. b. A non -disturbance agreement between the property owner and Florida Power and Light is made part of this resolution. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 October 11, 1995 - Temp. Reso. #7241 3 Revision No. 1 - October 12, 1995 SECTION 4: 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 5: This Resolution shall become effective immediately upon its passage and adoption. Q PASSED, ADOPTED AND APPROVED this o ATTEST: CAROL CI71V :. I HEREBY CERTIFY that I have approved this / CITY ATTORNEY Community development/c:\userdata\wpdata\res\9p95rs\ps day of k0tle^2F , 1995. MAYOR RECORD OF COMM MAYOR ABRAMOWITZ DIST. 1: 11Cry DIST. 2: COMM. MISHKIN DIST. 3: COMM. SCHREIBER DIST. 4: COMM. MACHEK VOTE Tamarac Marketplace CITY COMMISSION October 25, 1995 Sign Encroachment I Kw--. K DIGDW PLAZA T OF TAM1 U iI� City of Tamarac 7525 N.W. B©th Avonuo, Tnrnnruc, Flufldu ;l;f;i. 1 2401 7olophone: (305) 724-1292 • Focsimile3 Ciil':J 124 2453 Jeffrey L. We( Director Community Dovek-4mnont