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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-024Temp. Reso. # 6228 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--92- 424 - A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT AND COVENANT RUNNING WITH THE LAND OFFERED BY CORAL PALMS LTD., A.K.A. BRITISH COLONIAL RESORT VILLAS PERTAINING TO THE CONSTRUCTION OF A WALL ADJACENT TO A UTILITIES EASEMENT WITH A DEEP SANITARY" SEWER AT THE COLONY COVE PROJECT LOCATED ON THE EAST SIDE OF NORTHWEST 88 AVENUE, NORTH OF LAGOS DE CAMPO BOULEVARD; AND 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 Covenant Running with the Land offered by Coral Palms Ltd., A.K.A. British Colonial Resort Villas pertaining to the construction of a wall adjacent to a utilities easement with a deep sanitary sewer at the Colony Cove project located on the east side of Northwest 88 Avenue, north of Lagos de Campo Boulevard, a copy of said document being attached hereto as "Exhibit 1". SECTION 2: That the City Clerk is hereby authorized and directed to record said document in the public records of Broward County. SECTION 3: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED thisc�&'�*2ay of ,1992. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY tha have approved this Re so Lion as TCHELL S. KRA CITY ATT NEY ..WITZ MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWff Z DISTRICT 1: C/M KATZ DISTRICT 2: DISTRICT 3: O/W G,I AS, -,ER DISTRICT 4: V/M RFNI]FR AGREEMENT AND COVENANT RUNNING WITH THE LAND FOR: COLONY COVE THIS COVENANT made this day of�� 199 ?by and between BRITISH COL6NIAL RESORT VILLAS, having an address of 6421 „Congress Avenue Suite 107 Boca Raton Florida 33487 (hereinafter referred 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 WHEREAS, Developer is building a subdivision on said property and in the course of said construction has erected a wall adjacent to a Utility Easement which is recorded in O.R. Book 5237 Page 58. WHEREAS, said wall is described on the "as -built" plans for Colony Cove prepared by Darby and Way, Inc. and dated, a copy of which is on file with Tamarac, WHEREAS, Tamarac requires that Developer hold Tamarac harmless against any expense Of removal of said wall. "1_ ifF^C,2--c2,t' h NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties 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. 2. 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 British Colonial Resort Villas, 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. S. 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. _2_ 0 ®N 11 0 IN WITNESS WIJEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above Signed, sealed and delivered in the presence of: Abttp WIT SS Bete C. e�A WITNESS Angela Bailey STATE OF FLORIDA COUNTY OF BROWARD SS CORAL PALMS LTD., A.K.A. BR.ITISH COLONIAL RESORT VILLAS 6421 Congress Avenue Suite 107 Boca Raton, Florida 33487 RRITISH COLONIAL RESORT VILLAS ASSOCt . fLORIDA PROLIMITED PARTNERSHIP 414FESSIONAL EQUITIESAiES, GE S, INC. B . V r U ALEX C. CANON, VICE PRESIDENT (SEAL IF CORPORATION) I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County a oresaid to take acknowledg meets, personally Appeared Alex C. Cameron,V. .of Florida Professional Equities, Inc. to me known to be the person described in and who executed the foregoing instrument and �_ acknowledged before me that I executed the same. WITNESS my hand atnd official seal in the County and State last aforesaid this .gjday of A.D. , 19 ( . terry u is My Commission Expires: Notary puti`k State of Ffarirla My COmM."Hien Exp1rss April 26, 1994 {ond►d Thru Trey ruin . Inturence Int. 121390 PUE -- 3 - ATTEST: ACCEP ED BY CITY -OF TAMARAC, By: �� 1, dMMANAG34ER . KeHy: lT rman Abramowitz, MAYOR ATTEST: By: Carol A, vans, CITY CLERK STATE OF FLORIDA ) COUNTY OF BROWARD ) SS Date: By: Date: Appr7Tn,ICITYAT By: RNEY I HEREBYCERTIFY that on this day, �he State aforesaid and in the Counbefore me, an Officer duly authorized in t► aforesaid to take ackn wled ersonally appeared q g-ments to me known to be the arson described in nd who execu �the6AQ going instrument and acknowledged before me that the same, executed WITNESS my hand ;Ind official ppal at Fort Lauderdale, Broward County, Florida, this fe_2 day' of 19 9 �,�� Not y Public My Commission Expires: NOTARY PUBLIC, STATE OF FLORIDA. MY COMMISSION EXPIRES: JUNE 26, 1993. r C'Y1JEp TMRU NOTARY PUBLIC UNL)aR WRITgRw. 121390 MAST-DOC PUB-UTIL.EASE. C� - 4- PUE x hibi% A SH Fir / of 2. ..vrau nLW.lil3th AVE. LIOWWEM C48HOUSE THIS :SITE RMELIR, GOLF LOURS E LAGOS DE CAMPO VD. Z 1 LOCAT ION MAP DESCRIPTION. A portion of Parcel "L" of the Plat of WOODLAND LAKES according to the Plat thereof, as recorded in Plat Book 71. Page 18. of the Public Records of Broward County, Florida; LESS AND EXCEPT therefrom. the COLONY WEST CLUBHOUSE PLAT, according to the Plat thereof, as recorded in Plat Book 103, Page 36, of the Public Records of Broward County, Florida. Said lands situate, lying and being in Broward County, Florida. Subject to all easements, reservations, and rights -of -way of record. 0 I i t! I , • is �; a � a im li ro a A PORTION OF PARCEL. L ✓ %y, ..�• „ e WOODLAND LAKESIL ..............w.,........«..M.• ,..