Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-90-090Temp. Reso. #5742' CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-90- ,w A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT AND COVENANT RUNNING WITH THE LAND WITH AUTO CARE CENTERS OF TAMARAC, INC., PERTAINING TO ENCROACHMENT OF CAR WASH EQUIPMENT UPON A UTILITY EASEMENT FOR THE AUTO CARE CENTER OF TAMARAC 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 Auto Care Centers of Tamarac Inc., pertaining to encroachment of car wash equipment upon a Utility Easement for the Auto Care Center of Tamarac project, a copy of said agree- ment 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, Florida. SECTION 3: This Resolution shall become effective immedi- ately upon adoption. PASSED, ADOPTED AND APPROVED, this day of 1990. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ALAN F, RU P-- INTERIM CITY ATTORNEY NORMAN ABRAMOWITZ MAYOR RECORD OF :COUNCIL VOTE MAYORv j R Mow ITS DISTRICT 1:CA 9044R Ild-4f - DISTRICT. ZOO 5-4t)M g10J : ,f.ct e DISTRICT 3: v�M FI n Ff� ty: .L _._.... o [?'STRICT 4:CIM BaNDF-9 0 AGREEMENT AND COVENANT RUNNING WITH THE LAND 0 THIS COVENANT, made this 3 day o 060, 100' by and between AUTO CARE CENTER OF TAMARAC, a Florida corporation (hereinafter referred to as "Developer), and CITY OF TAMARAC, FLORIDA (hereinafter referred to as "Tamarac"). W I T N E S S E T H 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 and Auto Care Center on said poperty and in the course of said construction has erected Car Wash Equipment which may encroach upon a Utility Easement recorded in O.R. Book 14584 Page 163. WHEREAS, said Car Wash Equipment is described on the "As built" plans for Tamarac Auto Care Center prepared by Davis Associates, Inc. and dated August 20, 1987, a copy of which is on file with Tamarac. WHEREAS, Tamarac requires that Developer hold Tamarac Harmless against any expense removal of said Car Wash Equipment. I* NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. 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. • 2. This Agreement contains the entire Agreement between the parties relating the subject matter hereof. No amendment shall be banding unless reduced to writing and executed by both parties hereto. 3. 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 executed this (Agreement as of the day and year first set forth above. k�t'1 /Y J-3A AUTO CARE CENTER OF TAMARAC By: Martin P. Heise, President }*. Duly Authorized Officer By: 'y- Gerald S. Berson Corporate Secretary CITY OF TAMARAC, FLORIDA -75d!5" N.W. 88TH Avenue Tamarac, Florida 33321 B y = Ii "� -U� F� L i3� Nb man Abramowitz, ayor Du A oe icer B5HEBY 'Z n P. Kelly, Manager I CERTIFY tqaV I have approved the form and co L7r tness f is document. - C� E STATE OF FLORIDA ) SS: COUNTY OF BROWARD) Before me personally appeared _�Q►2T�n�'L}-�LiSF_-� to me we-known`ana`CCnown `to `o me tbe t4 per`sonTsT--acscr_,.i6ed in and who executed the foregoing instrument, and acknowledge to and before me thatijilf, executed said instrument for the purposes therein expressed. WITNESS my hand /CE _ A. D. 19 ED . and official seal, this IS- day of My commission expires: STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD 4ta --� u i c '�""` State of Florida at Large NnloR GLT� STAVE I FLOFiCP, Ny CUNHISSION EXP. AUG Before me personally appeared.c� - 1---`-� - -- - .c to me weTT 'nown ana_k t to 6e-t)�--- - ---T e person�sj aescrlbed in and who executed the foregoing instrument, and acknowledge to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this 3 day of --- -- A. D. 19 J92. -- ----- not----a-ry_13ubT1 -c ----------- State of Florida at Large My commission expires: NOTARY PUBLIC STATE OF FLORIDA NY CONNISSION EXP SEAT 17,1990 RDNDED TOW GENERAL INS. M. 0 1� v 7 0 . E X I•f �g � r "fl �'. LEGAL DESCRIPTION: J THE NORTH 175.00 FEET OF PARCEL "SDI, LESS THE EASTERLY 125.00 FEET THEREOF, "TAMARAC LAKES SOUTH", A SUBDIVISION AS RECORDED IN PLAT BOOK 62, PAGE 24, IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND THE SOUTH 45.00'OF THE NORTH 220.00'OF PARCEL "S" TAMARAC LAKES SOUTH. A SUBDIVISION AS RECORDED IN PLAT BOOK 62, PAGE 24, BROWARD COUNTY, FLORIDA AND ALSO INCLUDING THE WEST 50.00' OF VACATED RIGHT OF WAY OF PROSPECT ROAD, LYING ADJACENT THERETO, AS RECORDED IN O.R.B. 3513, PAGES 208 and 209 BROWARD COUNTY FLORIDA NW 40 I p ' 7 i � r• ir�i a � � � W EF:T ' 5Z S� t-M irpor� w M COMMCtCIA4 t"' • s �,' d ' C« NW -�-BLVD 449 ry�9 d cc 48 d ST ir° Bcc ►' �' a r+ t A f• ` � W I�Ifwl� / � F• • TAMARAC I COUNTRY CLUB • N r�r l ic • Am ' �)41 LAKE w ' Iwo 60CAlnoN 8K6�+1 0