Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-93-128Temp. Reso. # 6542 CITY OF TAMAR.AC, FLORIDA RESOLUTION NO. R-93-I A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT AND COVENANT RUNNING WITH THE LAND (HOLD HARMLESS AGREEMENT) WITH REGENCY HOMES, INC., FOR A WALL CROSSING OVER A 15-FOOT WIDE UTILITY EASEMENT FOR THE WOODMONT TRACT 56 PROJECT PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City Officials are hereby authorized to execute an agreement and Convenant Running with the Land (Hold Harmless Agreement) with Regency Homes, Inc., for a wall crossing over a 15-foot wide utility easement for the Woodmont Tract 56 project, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. SECTION 3: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 1 day of ,1993. ATTEST: �2�d--. CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have as 3 4 S i% AYOR DIST 1: DIST. 2: DIST. 3: DIST. 4: H L . BENDER Y- E 11 0 AGREEMENT AND OVENANT RUNNING WITH THE LAND FOR: Woodmont Tract 56 THIS COVENANT made this' J9 day of 1-99,1�oy and betwan Regency Homes, Inc. having an address of 2826 North University Drive, Coral Springs, FL 330�ireinafter referned to as "Developer"), and CITY OF TAMARAC, FLORIDA having an address of 7525 N.W. 88 Avenue, Tamarac, Florida 33321 (hereinafter referred to as "Tamarac"). WITNESSETH: WHEREAS, Developer is the owner of a parcel of land in the City of Tamarac, County of Broward and State of Florida described in Exhibit (A) attached hereto and hereby incorporated herein by reference; and Ya EAS, Developer is building a subdivision on said properly and in the course of said construction has erected a wall in ° a Utility Easement which is recorded P.B. 123 Page 44 as shown in Exhibit (B). WHEREAS, said wall is described on the site plan for Woodmont prepared by Tract 56 Consul -Tech - .and dated, a copy of which is on file with Ta**!a= Engineering, Inc. WHEREAS, Tamarac requires that Developer hold Tamarac harmless against any expense of removal of said wall • 0 NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parries hereto hereby agree as follows: 1. Developer shall remove said encroachment at such time as Developer shall be required to do so by Tamarac or any lawful titleholder to said easement. Z. Developer shall hold Tamarac harmless from and indemnify Tamarac against all claims, liability and expense arising from the aforesaid encroachments, including the expense of removing and relocating same. 3. Developer shall place a plaque on the wall and shall state as follows: "This structure may be ordered removed by the City of Tamarac at no cost to the City should its removal become necessary to repair any utility line. The cost of removal shall be borne by Regency Homes, Inc. , its successors and assigns". • 4. This Agrotment contains the entire Agreement between the parties relating the subject matter hereof. No amendmenoball be binding unless reduced to writing and executed by both parties hereto. 5. This Agreement shall run with the land and bind Developer, its agents, beirs, successors and assigns and subsequent owners of the aforesaid described real estate. .2- 0 IN WITNESS WHEREOF, Grantor has her o set his hand and ten. s on th day and year first above wr t TEST: COR C ,porate Secretary 7 STATE OF FLORIDA SS COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to takq acknowledgement , personally appeared Lc EAO - Ei to me known to be the person(s) described in and who executed the foregoing instrument and A4.1. acknowledged before me that fig, executed the same. TION: President (Corporate Seal) WITNESS mY hand and official seal this day of 77— �7 Personally known to me, or Produced Identification PUBLIC e SUSAN D BYRON NOTARY PUBLIC SPATE OF FL @RIDA COMMISSION NO. CCCIS6401 ( c: Print, Stamp or Type as Commissioned) Type of I.D. Produced DID take an oath, or ( / ) DID NOT take an oath. 930520 MM BPSIEE 1, 9 -3 - /0?- e ATTEST MBy Aou�- V je*�. ��' fan City Manager t� b1Y"1c�. Y C_-p_�'rAC'TT ACCEPTED BY CITY OF TAMARAC, GRANTEE By H. Ben r, Mayor �1 Date:_7�--- ATTEST: • Bye-��7��_ BY Carol A. Evans, City Clerk CITY 4F TAMA RAC APPROVED AT MEETING OF ) 2 - -j --�3 STATE OF FLORIDA COUNTY OF BROWARD M � City Manager DShc%-c��r'rYlcs{-� App o ed as to form: Y Mitchell K aft City Attorney SS: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County a orgsai o 6akkeer ackn rn d ments , personally appeared �e� to me known to be the person(s) who ex cuted the tor goin instrument, and ag-11- acknowledged before me that kEeL executed the same. WITNESS my hand and fficial seal in the State and County la aforesaid, this �j-+ day of A.A. 19 9�- NO ARY PU LIC State of Florida at Large ,1 Bpi OWENS WOOD P. W COMMISSION N CC =140 !)rM: Jm 26, IM (Name of No - Print, Stamp, or Type as Commissioned) Personally known to me, or Produced Identification _ Type of I.D. Produced DID take an oath, or (X/) DID NOT taken an oath. MAST-DOC BPSIEE C� J 930520 - 4 - BPSIEE e-9,3-10 Exhibit A LOCATION SKETCH NOT TO SCALE • LEGAL DESCRIPTION WOOD ONT TRACT 56 A0001RUNG TO THE PLAT THEREOF AS RECORnW /N PLAT BOOK 12.E PAGE 44 OF THE PUBW REDS OF BRC WARD COUNTY. FLMDA. 0 CONSUL -TECH ENGINEERING, INC. Consulting Engineers o Landp(anners o Land Surveyors CIrE 50 East Sample Road 4th Floor Pompano Beach, Florida 33064 (305) 785- 8400 -SKETCH AND DESCRIPTION -- NOTE: THIS IS NOT A SKETCH OF SURVEY. BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. �1 eFX HX Bz T LEGAL DESCRIPTION A portion of lands lying in Parcel Woodmont Tract 56, an recorded in Plat Book 123, Page 44 of the Public Records '9 /10 of Broward County, Florida, being more for /G particularly described as follows: `" V v yV Commence at Northeast corner of said Parcel Lo rA, 3 0 "A", said point being the POINT OF BEGINNING; thence South 00012'16" East, a distance of 655.25 feet; thence South 44'47144" West, a distance of h H v1 35.00 feet; thence South 89*47044" West, a distance of 225.25 feet; thence North 00012'16" West, a distance of 12.00 feet; thence North 89'47'44" East, a distance of 230.18 feet; thence North 44'47044" Rant, a distance of v'14"pV 20.96 feet; thence North 00-12116" West, a \ N o v distance of 653.18 feet; thence North 89*4714411 3� N 0 Bast, a distance of 5.00 feet, to the POINT OF o BEGINNING; Said lands lying in the City of c7 Deerfield Beach containing 0.1410 acres of land, more or less. � v 3 i Bearings are based on north line of said Parcel / At 3 V • "A" as being North 89 47' 44" EAST. savvy G.•�c o.9�ce� :9" S 8 9' �i7 44- "U/ �zS. 2S S-mz Y 'P/6, ZIAe iuui JB t� ST�ee7' I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION CONFORMS TO CHAPTER 21MM-6.06 (1) (FLORIDA ADMINISTRATIVE CODE), MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. THIS DRAWING 13 NOT VALID UNLEU IT GEARS AN ORIGINAL SEAL w SIGM7URE 91 61.03 MAYNAR H, THOMPSON WdiE REGISTERED LAND SUR EYOR NO.3854 STATE OF FLORIDA UPDATES/REVISIONS DATE BY CK'D NOTEr The undsrsigned and CONSUL -TECH D161NEERING INC. jnoke no representations or guarantees a$ to the oen�pleh"" of tyre nn4ornwtlon reflected hereon pertaining to oossnnnwe, rights -Of -way, set -back lines, reserva- tions, ogreonneMs Or other 8101 rs of reoed. This lnMneeent is Intended to reflect or 00 forth only those Items shown in the references above. CONSUL -TECH ENGINEERM, INC. did not research the .pudic records for matters affecting the lands shown. NOTE: This instrument Is the property of CONSUL -TECH ENGINEERING, INC. and shall not be reprodm ad : in whole or In part without Written permission Of CONSUL -TECH EENGINI�G, INC. m Job No. 9oaelo 16f4Wn By Srevc C_ Steer' / AF / F�.,y/,� p6 Scats