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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-328C Temp. Reso. #9185 October 18, 2000 1 CITY OF TAMARAC RESOLUTION NO. R-2000- 3A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT WITH WEINTRAUB DEVELOPMENT CORPORATION FOR SIGNS, FENCES AND LANDSCAPING PLACED IN A UTILITY EASEMENT AT THE POINTE VILLAS PROJECT LOCATED ON THE SOUTH SIDE OF NW 77th STREET BETWEEN NOB HILL ROAD AND NW 96T" AVENUE; 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, Weintraub Development Corporation, owner of the Pointe Villas Project (a copy of which is attached hereto in map form as "Exhibit 1 ") located on the south side of NW 77t" Street between Nob Hill Road and NW 961" Avenue placed signs, fences and landscaping in a utility easement; and WHEREAS, the owner, Weintraub Development Corporation 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 signs, fences and landscaping 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 Pointe Temp. Reso. #9185 October 18, 2000 2 Villas Project; and 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 Weintraub Development Corporation for signs, fences, and landscaping placed in a utility easement at the Pointe Villas Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: 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: The appropriate City Officials are hereby authorized to accept and execute a Utility Easement Encroachment and Hold Harmless Agreement with Weintraub Development Corporation for signs, fences and landscaping placed in a utility easement at the Pointe Villas Project (a copy of which is attached hereto as "Exhibit 2") located on the south side of NW 771" Street between Nob Hill Road and NW 96th Avenue. SECTION 3: 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 r L� Temp. Reso. #9185 October 18, 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. PASSED, ADOPTED AND APPROVED this 131h day of December, 2000. ATTEST: MARION SVVENSON, CMC CITY CLERK I HER Y_ E{�TIFY that I have aq ve t1s-RESOLUTION as RG/krs/mg ®Ir MITCHELL S.-KF CITY ATTORN 7 JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SUUANG� DIST 4: VIM ROSEATE EXHIBIT I TEMP. RESO. # 9185 ROCKFORD TR28 j TR29 / U U �i Y❑RKSHIRE TR30 z ] WELD❑N ¢ w Li AMARF�/E/Nl✓pdD SR❑"RTs'�Of LAND SE jjjiii/ / 7 77C KINbS PT, PR❑F. PLAZA ji/ / �OUr 34'l,/ 17 SITE // // rL4C ALOCATION S� a WESTW❑❑ 314 ASHM❑NT CIR $cLrpRr C1R NORTH 95 o W. g BELL❑RT �...._.._ ASHM❑NT 73 CT 3 BIEIFdRT cjR SQUTII 7z ST HIDDEN TR42 =M1SECTI❑N 21 G� TR40 HALL❑W �� 72 CT r N❑B HILL/ 7 / 7 WESTW❑❑D PLAT TR41 MpJ.J�R /j/ P❑INT PLAZA g 72 ST // M i• • //// WE TW❑❑D 76 d� 71 sr ^ 71 ST d� i ST �' o 70 PL SECTION 22 ] SECTI❑N 21 7s. ///%///// ¢ 70 CT /j ESTW❑❑D 4 70 PL cv r a w 7 a d cy,WE TW❑❑D 3 j/ U-) u, a m cD 70 ST m 70 ST a 70 ST j j 70 ST MCNAB ROAD ,/ u0w g J & J PLAT TAMARACAM AC MARKET 68 PL jj GAR ENS TAMARAC EAST PLACE GARDENSWEST j�j POINTE-VILLAS.DWG POINTE VILLAS UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT "Exhibit 2" UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND WEINTRAUB DEVELOPMENT, CORP. 0% THIS AGREEMENT made thisAday of 40&wjh w, 2000 by and between the CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and WEINTRAUB DEVELOPMENT CORP., a Florida corporation with principal offices located at 7760 West 2& Avenue, Suite 1, Hialeah, Florida 33016 (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 inPlat Book 160 page 20 of the Broward County public records; and WHEREAS, said existing landscaping and/or structures are described on the site plan for Pointe Villas prepared by Artech Design Associates and dated 6/30/00 , a copy of which is on the 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: I . The foregoing recitals are true and correct and incorporated herein by this reference. 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. 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). 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 placed 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 Pointe Villas Homeowner Association, 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 owner of the parcel described in Exhibit A. 12. Venue for any action 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 IN WITNESS WHEREOF, Developer has hereunto set his hand and seal on the day and year first above written. ATTEST: DEVELO ER By: By: Type Name �_ ikLT D-AJ Corporate Secretary (Corporate Seal) STATE OF FLORIDA , : SS COUNTY OF /�/ Type Name 56m u E.r— L�-! AJ-r E 0f4> President 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afore a d in the County aforesaid to take acknowledgments, personally appeared to mn., known to be the erson(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that execute same. WITNESS my hand and official seal this day of 2000. ( Personally known to me, or ( ) Produced Identification at Larg� C� 04,4 aF HKOT0RLLEVAT 1 * OCAMISMON NUMMA y� p CC 897383 (Name of Not 2 , or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or( ) DID NOT take an oath. EXHIBIT "A" 7_71- LEGAL DESCRIPTION A FORT/ON OF TRACTS 23 AND 24 ' OF THE FLORIDA FRUIT LANDS COMP SUBDIVISION N0.20 OF SECTION 5. � TOWNSHIP 49 SOUTH, RANGE " 1. A:> HL• (.'UI t'LJL:. L) /N f, LAI L:fUUK I. I �AL L:. /VL, UI III L PUBLIC' RECORD -OF AL AS EACHFOL.COUNTY. FLORIDA, BEING MORE 'PARTICULARLY DESCRIBED COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5. THENCE NORTH 00' 06' 44" WEST, ALONG THE WEST LINE OF SAID SECTION 5. A DISTANCE OF 2510.67 FEET; THENCE NORTH 80" 11' 57" EAST, A DISTANCE OF 110.06 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 80' lI' 57" EAST, A DISTANCE OF 389.12 FEET; THENCE NORTH Cam" lam' I2"WEST. A DISTANCE OF 873.0/ FEET: THENCE SOUTH 75' 45' 15" WEST. A DISTANCE OF 129.50 FEE7" TO A P�' T To LEFT. HAVIN; THENCE G WESTERLY ALONG THE ARC OF A C ,.CULAR CURVE A'-RADIUS OF 1680.00 FEET, EE EAAT. AR C%ISTANCEC 0 � 869.036FEET ;TO THE THENCE SOUTH 00 06 POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND Ec: VG IN BROWARD COUNTY, FLORIDA AND CONTAINING 6.7757 CONSUL -TECH ENGINEERING, INC. CIrConsulting Engineers a Landplanners a Land Surveyors 3141 COMMERCE PARKWAY PHONE: (954) 438-4300 LB•3527 MIRAMAR, FLORIDA 33025 FAX (954) 438-1433 -SKETCH AND DESCRIPTION - NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DESCRIPTION SHOWN HEREON. SIGN WALL EASEMENT �I REEI P . 0. C . W 7th N.E. CORNER LOT 41 PER "THE POINT VILLAS" N' 7.00PLAT AS RECORDED IN P.B. 160, PG. 20, OF S68° 2711711E THE BROWARD COUNTY PUBLIC RECORDS NORTH LINE LOT 41 r 506' 12'12"E2 15.42' zr z 10.00, l S830 47'48"W 52 4211E I P.O.B. N21- I `" I S21132'42''W 7.00' � SURVEY NOTES \h' N 6 8 2 7' 17" YYI 1. BEARINGS BASED UPON THE EASTERLY MOST "THE POINT VILLAS", AS RECORDED IN PLAT BOOK 160, PAGE 20, OF TH 10 �'� BROWARD COUNTY PUBLIC RECORDS LOT 41 70 LEGEND (P.B. 160, PG 20 B., :0 P.B PLAT BOOK / PG. PAGE rn P.O.B. - POINT OF BEGINNING / P.O.C. - POINT OF COMMENCEMENT U.E. - UTILITY EASEMENT B.C.R. - BROWARD COUNTY RECORDS LEGAL ' DESCRIPTION A PORTION OF LOT 41 AS PER THE PLAT OF "THE POINT VILLAS" , AS RECORDED IN PLAT BOOK 160, PAGE 20, OF THE BROWARD COUNTY PUBLIC RECORDS, FLORIDA , AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 41 PER THE PLAT THEREOF, THENCE SOUTH 06' 1212" EAST, A DISTANCE OF 15.42 FEET; THENCE SOUTH 83' 47'48" EAST, A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNING; THENCE SOUTH 21. 32'42" WEST, A DISTANCE OF 1.33 FEET; THENCE NORTH 68' 2717 WEST, A DISTANCE OF 7.00 FEET; THENCE NORTH 21.32'42" EAST, A DISTANCE OF 133 FEET: THENCE SOUTH 68.27117" EAST, A DISTANCE OF 7.00 FEET; THE POINT OF BEGINNING. SAID LANDS SITUATE AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA AND CONTAINING 9.3 SQUARE FEET MORE OR LESS, I. -/C-6v� PREPARED BY DENNIS J. GABRIELE PROFESSIONAL SURVEYOR STATE OF FLORIDA DATE 8-30-00 ra�r[ snvicev�wo er x s E ti qh `dh� 4 MAD nalo AND MAPPER No. LS 5709 roaArrov MAP s[c.x rww.. s S. noe. N e. LINE OF I UPDATES/REVISIONS DATE BY CK'D NOTE- The undersigned and CONSUL -TECH ENGINEERING, INC. make no representatlons or guarantees as to the Cwryleteness of the Informatlon reflected hereon pertolnlnp to easements, right-of-way, setback I Ines. reservations, agreements or other matters of record. This Instrument Is Intended to reflect or set forth only those Items shown In the references above. CONSUL -TECH ENGINEERING, INC. did not research the public records for matters affecting the lands shown. NOTEt This Instrument Is the property of CONSUL -TECH ENGINEERING. INC. and shall not be reproduced in whole or In part without written permisslon of CONSUL -TECH ENGINEERING, INC. Job No. 931215 Drawn By: JEM Ghecked By: DJG F.B. PG. Scale: 1"-30' CONSUL -TECH ENGINEERING, INC. Consulting Engineers o Landplanners e Land Surveyors 3141 COMMERCE PARKWAY PHONE: (954) 438-4300 LB•3527 MIRAMAR, FLORIDA 33025 FAX: (954) 438-1433 -SKETCH AND DESCRIPTION - NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DESCRIPTION SHOWN HERE SIGN WALL EASEMENT m NORTH LINE PARCEL RA r,140 10Q005 E RED �r x 7,00' S400 5411511 z rT1 C7 rn � x th 45 6a �4 f I Oy � f N P.O.C. f 1.33, . N.E. CORNER "THE POINT VILLAS" N490 05'45''W AS RECORDED IN P.B. 160, PG. 20, of PARCEL R-A THE BROWARD COUNTY PUBLIC RECORDS 7.00, I N400 5411511E 1.331 EASEMENTIN&UTILITY 5�490 05'4511E I EASEMENT I LEGAL DESCRIPTION I LOT 1 A PORTION OF PARCEL RA PER THE PLAT OF "THE POINT VILLAS", AS RECORDED IN PLAT BOOK 160, PAGE 20. OF THE BROWARD COUNT PUBLIC RECORDS, FLORIDA , AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID PLAT, THENCE SOUTH 75.45'15" WEST, A DISTANCE OF 88.14 FEET; F SURVEY NOTES THENCE SOUTH 14 14 45 EAST, A 015TPNCE OF 10.00 EFT, 7HE POINT OF BEGINNING. 1. BEARINGS BASED UPON THE EASTERLY MOST LINE OFTO THENCE SOUTH 40.54'15" WEST, A DISTANCE OF 7.00 FEET; "THE POINT VILLAS", AS RECORDED IN PLAT BOOK 160 , PAGE 20, OF THE THENCE SOUTH 49.05'45" EAST, A DISTANCE OF 1,33 FEET; BROWARD COUNTY PUBLIC RECORDS THENCE NORTH 40' 54'15" EAST, A DISTANCE OF 7.00 FEET; LEGEND THENCE NORTH 49.05'45" WEST, A DISTANCE OF 1.33 FEET; THE POINT OF BEGINNING. P.B - PLAT BOOK PG. - PAGE SAID LANDS SITUATE AND BEING IN THE CITY OF TAMARAC, P.O.B. - POINT OF BEGINNING BROWARD COUNTY, FLORIDA AND CONTAINING 9.3 P.O.C. - POINT OF COMMENCEMENT SOUARE FEET MORE OR LESS. U.E. - UTILITY EASEMENT B.C.R. - BROWARD COUNTY RECORDS PREPARED BY DENNIS J. GABRIELE PROFESSIONAL SURVEYOR STATE OF FLORIDA DATE 8-30-00 AND MAPPER No. LS 5709 LOCATION MAP lfC.A MA .9 $. Mf.. f. Nas. UPDATES/REVISIONS DATE I BY CK'D NOTE1 The undersigned and CONSUL -TECH ENGINEERING, INC. make no representation or guarantees as to the completeness of the Information reflected hereon pertaining to easements, right-of-way, setback lines, reservations, agreements or other matters of record. This Instrument Is Intended to reflect or set forth only those Items shown In the references above. CONSUL -TECH ENGINEERING, INC. did not research the public records for natters affecting the lands shown. N0TE1 This Instrument Is the property of CONSUL -TECH ENGINEERING, INC. and shall not be reproduced In whole or in port without written permission of CONSUL -TECH ENGINEERING, INC. Job No. 931215 Drawn By! JEM Checked By DJG F.B. PG. Scale 1"-30' • � e EXHIBIT 'C' 7 T t� ty L aY p W y� Vt�µ.,N. '1'7 r• SYR��Ta, 4_ � 1 Cam- _ t - _... l -- 4 W---W. 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