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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-229Temp. Reso.#9102 July 28, 2000 1 CITY OF TAMARAC RESOLUTION NO. R-2000- -7a 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE A UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT WITH ALAZHAR SCHOOL FOR CURBING AND SIDEWALKS PLACED IN A UTILITY EASEMENT AT THE ALAZHAR SCHOOL PROJECT LOCATED AT 7201 WEST McNAB ROAD; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Alazhar School, owner of the Alazhar School Project (a copy of which is attached hereto in map form as "Exhibit 1 ") located at 7201 West McNab Road placed curbing and sidewalks in a utility easement; and WHEREAS, the owner, Alazhar School, has offered a Utility Easement Encroachment and Hold Harmless Agreement to the City of Tamarac; and WHEREAS, the Owner shall hold the City harmless from any costs or obligation to restore the curbing or sidewalks as a result of any repair or maintenance to the utility easement or infrastructure; and WHEREAS, the Director of Utilities recommends the acceptance and execution of this Utility Easement Encroachment and Hold Harmless Agreement for the Alazhar School Project; and 1 1 1 Temp. Reso.#9102 July 28, 2000 2 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept and execute a Utility Easement Encroachment and Hold Harmless Agreement with Alazhar School for curbing and sidewalks placed in a utility easement at the Alazhar School Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That 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 appropriate City Officials are hereby authorized to accept and execute a Utility Easement Encroachment and Hold Harmless Agreement with Alazhar School for curbing and sidewalks placed in a utility easement at the Alazhar School Project (a copy of which is attached hereto as "Exhibit 2") located at 7201 West McNab Road. SECTION 3: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 I Temp. Reso.#9102 July 28, 2000 3 SECTION 5: 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 6: This Resolution shall become effective immediately upon its passage and adoption. 2000. PASSED, ADOPTED AND APPROVED this /-5- day of JOE SCHREIBER MAYOR ATTEST: MARION SVVENSON, CMC RECORD OF COMMISSION VOTE CITY CLERK I HEREBY CERTIFY that I have approved t is RESOLUTION as to forvn I A %% A RG/krs/dml ITCHELL S. KF CITY ATTORN MAYOR SCHREIBER DIST 1: COMM. PORTNER., DIST 2: COMM. MISHKIN ..., DIST 3: COMM. SULTANOF DIST 4: VIM ROBERTS EXHIBIT 1 TEMP. RESO. # 9102 GREEN$RIAR // a Ld ¢ 75 ST ¢ Ld 75 STCD 9 U p 10 n n cu 74 PL n n 74 PL / PICCADILLY 73 ST 73 ST /j 72 ST 72 ST 72 ST 72 ST j 71 CT 7 6 5/ p j 7 ¢ > ¢ 71 ST ti o Q ^ ^ b 71 CT j W❑❑DM❑NT SQUARE J� / n n 70 CT g 71 ST q o 4//j /� r/ / 70 ST MA LANDSI4 RCREST 14 ¢ 70 CT w i BR G KW❑❑D" DENS] 3 �4� BA❑N r/ / j 70 ST ° D N, AMER. UNITED ALBERTSON 1 METHODIST NATI❑NS SHELL 2 ¢ � w LAKE aw az ] zo// BR❑OKSIDE COVE BANK (69ST.) C❑L❑NY ¢ LD (4 u n % M C N A B ROAD GW BANK TEXAC❑ TAMARAC PLAZA BR❑❑KW ❑❑D BRIST❑L CASABLANCA PLAZA PARK a j CENTER ra UNIVERSITY o n /---,WOODLANDS % SCHOOL W COMMONS 68 ST \� \ / W y Qo 7 67 ST \ j SITE W BELLE ERRE Q D, '. n Q \ // LLOCATIONT y OF > o 66 ST j ,y TAMARAC ¢ N U / W " n MAINL NDS S r 15/ j/ a W w 0 65 ST/// UNIV, 64 CT / //� z SH❑PPES / ❑FCS, 64 ST W 64 ST W W A EGAN o Q PLAT u ¢ n a ¢ 63 63 CT d Fes- ¢ CT n n ~� W 63 ST 63 ST / ILLAGE SQUARE > SAINT 62 ST 62 ST jj 62 ST �„ cn Z MALACHY w ] > 7 ¢ // aLd z� D J❑HN ~ ¢ ¢ a // 61 ST 3 = 3 ~ gRAN TER. m n n n n / ID � 61 ST ¢ .nn w CURTIS n N ANDS SE 10 T /�� 60 CT �A n FIELD NATIONS // // //i% 9� i PLAT BANK Al �� 60 ST 6o ST r // Tz- 59 S L //j/ 59 ST 59 sjj j� j j/ j/�j 59 ST ALAZHAR.DWG ALAZHAR SCHOOL UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT j --"•" "Exhibit 2" UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND Alazhar School THIS AGREEMENT made this day of by and between the CITY OF TAMARAC, a municipal corpora ion with principal offices located at 7525 NW 88' Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and _Alazhar school a Florida corporation with principal offices located at Beach, FL.33443 (hereinafter called the DEVELOPER/OWNER), for the purpose of holding the CITY harmless for the removal or destruction of landscaping and/or structures located on DEVELOPER/OWNER's property and within utility easements held by the CITY. WHEREAS, DEVELOPER/OWNER is owner of a parcel of land in the City of Tamarac, Broward County, Florida, more particularly described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, DEVELOPER/OWNER has constructed or will construct landscaping and/or structures as part of its development of the parcel described in Exhibit A within utility easement(s) described in Exhibit B, attached hereto and incorporated herein by reference, and recorded in O.R. Book :14 page T^� of the Broward County public records; and WHEREAS, said existing landscaping and/or structures are described on the site plan for _p}L,,-L han Sc.u�. t— _ prepared by %A sD m and dated _ I Is Pa a copy of which is on file with the CITY and attached hereto and incorporated herein by reference as Exhibit C; and WHEREAS, CITY is grantee of the utility easement(s) described above and has an obligation to maintain and repair utility lines in order to serve the citizens of the City of Tamarac; and WHEREAS, DEVELOPER/OWNER agrees to hold the CITY harmless for any expenses incurred by the CITY's use of the utility easement(s) resulting in the destruction and/or removal of said existing and/or future landscaping and/or structures; and NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by this reference. P.O. Box 94 Deerfield 2. DEVELOPER/OWNER agrees to immediately remove at its own expense any encroachment located within the CITY's utility easement once notified by the CITY of such encroachment. 3. DEVELOPER/OWNER shall hold harmless and indemnify the CITY from and against all claims, liability and expense arising from the aforesaid encroachments, landscaping and/or structures, including the expense of removing, relocating, restoring and replacing same. 4. CITY shall be held harmless by DEVELOPER/OWNER and shall not be responsible for the damage, destruction or replacement of irrigation lines within the utility easement(s). 5. CITY shall be entitled to make emergency repairs to utility lines within the easement(s) without prior notice to DEVELOPER/OWNER if giving notice would be of detriment to the health, safety and welfare of the citizens of Tamarac. 6. DEVELOPER/OWNER agrees that any structures placed within the utility easement shall be limited to minor structures only, such as a sign, fence, or slight encroachments of concrete. No drainage structures, including, but not limited to, detention or retention basins, shall be permitted within the utility easement(s). 7. DEVELOPER/OWNER agrees that landscaping within the utility easement(s) shall be limited to bushes, shrubs and flowers, and that no trees shall be placed within the utility easement(s). 8. DEVELOPER/OWNER shall place a 1' by 1' sign or plaque on the site of the landscaping or structure, which shall state the following: "This structure may be ordered removed by the City of Tamarac without notice and at no cost to the City should its removal become necessary to repair any utility line. The cost of removal shall be borne by w -fir its successors and assigns." 9. DEVELOPER/OWNER shall not place encroachments within the utility easement(s) unless specifically provided for in this Agreement. 10. This Agreement contains the entire agreement between the parties relating to the subject matter hereof. This Agreement shall not be amended unless in writing and signed by the parties hereto. 11. This Agreement shall run with the land and bind DEVELOPER/OWNER, its agents, heirs, successors and assigns, and any subsequent owners of the parcel described in Exhibit A. 12. Venue for any actions, resulting from this Agreement shall be Broward County, Florida. This Agreement shall be governed by the laws of the State of Florida as are now and hereinafter in force. 3L IN WITNESS WHEREOF, the parties have made and executed this Utility Easement Encroachments and Hold Harmless Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and _Alazhar S c h o 1 through its President, Mohamed S. Behair authorized to execute same. duly ATTEST: Sarion Swenson, cMc Citp.,Clerk ATTEST: Corporate Secretary (Corporate Seal) Type/Print Name CITY OF TAMARAC Schreiber, Mayor Date:JAJ26--d .- eff L. Mifler, City Manager DEVELOPER/OWNER By; Presiden Type/Print Name Date: "Exhibit A" sr. cnN11EN WT 1. SUXK v ,00 i —A0 j g� II I � W CJ � a -- �j m * t o r •� 0 * 0 3 Ir 1111 11 �i rme -w.ar LOT 2, BLOCK V .,. 1YrC 't I � P ci y P� wr w LOT', BLOCK V�, m � � r� � m � P. 4 W y C g �i W s m y rn A 5�r IA CD Y ,m r� a S T sW 1014 •1c "Exhibit Bar SKETCH & DESCRIPTION (. RAPHLC SCAL,F 20 0 10 20 KM ( 1N FEET ) 1. inch 20 M N90'00'00"E LLJ 9 15.00' ca v a (ri (D CD 10 q6> U) S90`00'00"E 119.24' (7; (7 Z v a C) N90"00'00"W o N90'00 00„ W 6.47 0 0 C� N90'00'00"W 73.18' G� �s Uo aJ dy c 1 Co ;� 00 r- CIA r- Lri L0, Ln (0 U) (p w � � 0 Q 0 0 0 0 o C7 p Q Q C7 Q z U) O Q POINT OF BEGINNING I LU 15.00' N90'00'00"W N90`00'00"W .POINT OF ca N 0 COMMENCEMENT �a W. C(7FiNffl LO I .3, 131.00K V "MCNAR COMMERCIAL. SUBDIVISION" DESCRIPTION: A 15 FOOT WIDE U TILO Y LASFMF N f BEING A PARI_ OF i._.OTS 3 AND 4, F3I..00K V, "MCNAE3 COMMERCIAL SUBDIVISION", ACCORDING 1-0 THE PLAT IHF.REOF AS RECORDED IN PLAT BOOK 71 f AGI- 13, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DESCRIBED AS IOLL..OWS: COMMENCING A'f FHE SOUTNWFST CORN[:.R OF LOT 3 t:3l..O('K V, OF SAID PLAT; TIIFNCE. N00'00'00°E 2_00 FEET TO IIIE POINT Of' BEGINNING; TIIENCF NOO'00'00"L 65.78 f EE_ F; THFI'ACE N90'00'00"W 13.70 FEET; -HENCE E,148'45'00"W 15.77 FEET-: THIFNICE N00'00'00"E' 18.85 FEET; THENCE. N90'00'00"E 15.00 FFFT; THENCE_ S00`00'00"E 12.05 FEE1; THENCE 590'UU'00"E 119.2� FEET; THENCE S00'00'00"W 15.00 FEf-T; THENCE. N90'00'00"W 6.47 FEEI'; FHFNCE S00'00'00"E 65.78 FEFT; THENCE N90'00'00"W 15-00 f"EL1; THENCE N00'00'00"W 64.25 FFF1; TIiWCE N45'00'00"W 2.17 FLET; THENCE N90'00'00"W 73.18 FEET; fHFHCE SOO'00'00"W 55.I8 FF:FT; THE_NCF N90'00'00"W 15.00 FEET 10 THE POINT OF BFGINNINO. PAuZKA P.L.S. #1531 SPATE OF FIOR10A. DAVIS ASSOCIATES, INC. L� �nboz,a7 Consulting Civil and Cnvironmeatal 1)trgineers land Surveyare o Land Development Consultants a Planners 201 S.E. 15TH TERRACE". -- SUITE 103A -- DEERFIELD 9FACH, F!_ 33441 Phone: (954) 698-9101 fax: (954)698-9722 Subdivisions & Condominiums . l,gnd & site Planning • Sanitary hewer Systems o Water System ^ 0minage Design ^ Paving Design Lot Surveys a Mnrtgage Surveys ^ Acreage Surveys n Topographic Surveys <Record Plats eCondominiurn Plats ^ Construction Layout SCALE: I" = 20' U1rAWN HY,, T"W DA7E_- 8128100 JOB No: 111700 FILE: C3242 S11FI=T No, 7 OF 1 "Exhibit C"