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Home My WebLink AboutCity of Tamarac Resolution R-92-163Temp. Reso. # 6372 Is CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-92- 1 (p?j A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT AND COVENANT RUNNING WITH THE LAND WITH LENNAR HOMES, INC., PERTAINING TO CONSTRUCTION OF AN ENTRANCE SIGN IN A UTILITY EASEMENT FOR THE EXETER/GRANVILLE PROJECT; AND PRO- VIDING 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 Covenant Running With The Land with Lennar Homes, Inc., pertaining to construction of an entrance sign in a utility easement for the Exeter/Granville projects, 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 ` day of Qc-tcic:�e-r ,1992. ATTEST: CAROL A. EVANS CITY CLERK I HY CERTIFY that I have awbfrovd this Resolution as f orin . MITCHEM S. KRA CITY ATTORNEY H L. BENDER MAYOR RECORD OF COUNCIL MAYOR DISTRICT 1:..,, Q1d KATZ DISTRICT 2: /^ DISTRICT 3: DISTRICT 4; C/M ABRAMMU AGREEMENT AND COVENANT RUNNING WITH THE LAND FOR EXETER/GRANVILLE THIS COVENANT effective this day of — 1992, by and between LENNAR HOMES, INC. having an address of 7600 Nob Hill Road, Tamarac, Florida 33321 (hereinafter referred to as "Developer"), and CITY OF TAMARAC, FLORIDA, having an address of 7525 N.W. 88th Avenue, Tamarac, Florida 33321 (hereinafter referred to as "Tamarac"). WMESSFTH : 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 WHEREAS, Developer is building a subdivision on said property and in the course of said construction will erect an entrance sign on utility Easements which are recorded in OR Book 16491 Page 990 and those shown on 0 the plat of "Exeter" as recorded in Plat Book 150, page 46 both of the public records of Broward County, Florida. WHEREAS, said entrance wall is described on the site plan for Granville prepared by Carnahan Engineering, a copy of which is on file with Tamarac. WHEREAS, Tamarac requires that Developer hold Tamarac harmless against any expense of removal of said entrance sign. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto hereby agree as follows: I. 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. ff_r%2-163 2. Developer shall hold Tamarac harmless from and indemnify Tamarac against all claims, liability and expenses arising from the aforesaid iencroachments, including the expense of removing and relocating same. 3. Developer shall place a plaque on the entrance sign and shall state as follows: "This structure may be ordered removed by the City of Tamarac as no cost to the City should its removal become necessary to repair any utility line. The cost of removal shall be be borne by Lennar Homes, Inc., its successors and assigns". 4. This Agreement contains the entire Agreement between the parties relating the subject matter hereof. No amendment shall 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, heirs, successors and assigns and subsequent owners of the aforesaid described real estate. IN WITNESS WHEREOF, the parties hereto have caused these presents to • be executed on the day and year indicated below: Signed, sealed and delivered in the presence of: WITNESS STATE OF FLORIDA ) COUNTY OF BROWARD ) SS: DEVELOPER OWNER Lennar Homes, Inc. By Date ,Vice President (CORPORATE SEAL) Before me personally appearedllac.zael Smolak Vice President of Lennar Homes, Inc. to me well-known and known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledges to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of A.D.1992. ,-No ary Public f State of Florida at barge a: MY COMM19810N # CC 213762 EXPIRES: July 27, ON Banded tuu NNO Pu* umftwhln 11 0 Signed, sealed and delivered in the presence of: ATTEST: CJX2 P. Kelly, T MANAGER ATTEST: Carol A. Evans, CITY CLERK STATE OF FLORIDA ) COUNTY OF BROWARD ) SS: ACCEPTED BY CITY OF TAMARAC By L. ender, MAYOR Date r 7-`/ ?— ohn P. Kelly,/ ItY MANAGER Date lU-,Z.;D-79 -'.)— Appr s to Y Mitchell S. Kraft, tITY ATTORNEY Before me personally appeared H. L. Bender, Mayor of the City of Tamarac to me well-known and known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of A.D.1992. No ary Public My Commission expires: State of Florida at Large I�3TARY PUULIC, STATE OF F'LORMA. MY CO;,:MI,S;ON EXPIRES: JU;4�r' 2u, 1993. BUNOEp TNRU NOTARY PWaWC UNOERWRITIHSj CITY OF TAMARAC APPROVED AT MEETING OF ) d -14-9 ;1. Poo -a .1 _ l'/_ ., 11 .azes�d ' CARNAHAN AND ASSOCIATES, INC. CONSULTING ENGINEERS SURVEYORS LAND DEVELOPMENT CONSULTANTS PLANNERS 6191 W. ATLANTIC BLVD. (305) 972-3959 (FAX) 972-4178 MARGATE, FLORIDA 33063 SPECIAL PURPOSE SURVEY (ENTRANCE SIGN) LEGAL DESCRIPTION A PORTION OF PARCEL "A" OF THE PLAT ENTITLED "EXETER", AS RECORDED IN PLAT BOOK 150 AT PAGE 46 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. NOTES 01. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 02. THIS DRAWING IS THE PROPERTY OF CARNAHAN & ASSOCIATES, INC., AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR PART WITHOUT WRITTEN PERMISSION. 03. .THE LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE UNDERSIGNED FOR RIGHTS -OF —WAY, EASEMENTS', RESERVATIONS, AND OTHER SIMILAR MATTERS OF RECORD. SUCH INFORMATION SHOULD BE OBTAINED AND VERIFIED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. 04.- ALL EASEMENTS SHOWN ARE PER RECORD PLAT UNLESS OTHERWISE NOTED. 05. BEARINGS ARE BASED ON THE EASE LINE OF THE PLAT ENTITLED "EXETER", (P.-B. 150, PAGE 46, BROWARD COUNTY RECORDS), HAVING A BEARING OF NORTH 27003117" EAST. 06.- THIS SURVEY WAS CONDUCTED FOR THE SPECIAL PURPOSE OF LOCATING ENTRANCE SIGN ONLY AND IS NOT INTENDED TO DELINEATE THE REGULAR JURISDICTION OF ANY FEDERAL, STATE, REGIONAL OR LOCAL AGENCY, BOARD, COMMISSION OR OTHER ENTITY. ABBREVIATION A — AREA B.C.R. — BROWARD COUNTY RECORDS A CENTRAL ANGLE C.B.S. — CONCRETE BLOCK STRUCTURE ESMT. — EASEMENT N.T.S. — 'NOT TO SCALE O.R.B. = OFFICIAL RECORD BOOK PG -W PAGE PVMT. — PAVEMENT P.B. = PLAT BOOK U.E. -- UTILITY EASEMENT DATE OF LAST FIELD WORK: JULY 27, 1992 SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THE SPECIAL PURPOSE SURVEY SHOWN HEREON COMPLIES WITH MINIMUM STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 21HH, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. LAN M. CROSS PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NO. 3348 DAT,8- OF S IGKATGRE. A IOFz JOB NO, 881205D DWG. BY: Jul SCALE: NONE ENTRANCE SIGN FILE NO. EXETER CK'D_ BY: DATE: 7-30-92 SHEFT 1~OF 2 SHEETS 11 P. q-1,- l � CARNAHAN AND ASSOCIATES, INC. CONSULTING ENGINEERS SURVEYORS LAND DEVELOPMENT CONSULTANTS PLANNERS 6191 W. ATLANTIC BLVD. (305) 972-3959 (FAX) 972-4178 MARGATE, FLORIDA 33063 c�>r•�, �2c�ca, Pcw. t�ls� e3.c.ct. 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