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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-222Temp. Reso.#7969 August 6, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-97- o2 a -a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE AN AGREEMENT AND COVENANT RUNNING WITH THE LAND (HOLD HARMLESS AGREEMENT) WITH STAN AND MARION SUDLER FOR THE TWO CONCRETE SLABS ENCROACHING IN A UTILITY EASEMENT IN THE SUDLER PROJECT LOCATED AT 5716 SOUTH BAYBERRY DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Stan and Marion Sudler, owners of the Sudler Project (attached hereto in map form as "Exhibit 1 ") located at 5716 South Bayberry Drive have so constructed two concrete slabs that encroach into a utility easement; and WHEREAS, the owners, Stan and Marion Sudler have offered an Agreement and Covenant Running with the Land (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 slabs encroaching in the Utility Easement caused 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 Agreement and Covenant Running with the Land (Hold Harmless Agreement) with Stan and Marion Sudler for the Sudler Project; and so WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be Temp. Reso.#7969 August 6, 1997 2 in the best interest of the citizens and residents of the City of Tamarac to accept and execute an Agreement and Covenant Running with the Land (Hold Harmless Agreement) with Stan and Marion Sudler for the two concrete slabs encroaching in a utility easement in the Sudler Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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: That the appropriate City Officials are hereby authorized to accept and execute an Agreement and Covenant Running with the Land (Hold Harmless Agreement) with Stan and Marion Sudler for the two concrete slabs in the Sudler Project ( attached hereto as "Exhibit 2") located at 5716 South Bayberry Drive. SECTION 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. 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 goapplications of this Resolution. Temp. Reso.#7969 August 6, 1997 3 SECTION This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this a'f day of � 1997. JOE SCHREIBER MAYOR ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approv d this RESOLUTION as to for MITCHELL S. kRVtJ CITY ATTORNEY Utilities:dav/aml RECORD OF COMMISSION MAYOR SCHREIBER so DIST 1: COMM. MGKAYE DIST 2: WM MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS EXHIBIT 1 TEMP. RESO. # "7q 69 Q 56 C7 CEMMERCIAI_ BLVD Lon)58 PL C] Y CJ 56 ST J Q W W W v W W y r W W W W W 55 CT y w w pj `rTR IA W y w Y W Z y 55 ST "T A\ A`��f l �� W y w CI��R `Q � y � •�Q� y .Y W y y ``\\+�C' �+ [] '�" �A\ �O^ .]T Cf� llV �y 53 ST DATE d p� PALMPL LAUREL Z-. C I R Q A L M S L V J �1Mpf.N �' ��� G1 W W �qJ� �� W W W ? SAG ❑ W �P� � PALM A REL W W Y W W W W pV W CIR W I SUDLER W Q W W W W \ W PROJECT W W W W W PALM $RELLA \�\\ W W Y W LM P //LNW CIR HOLLY O W CIR �/ W W J W V 4 W W W d MANGO W - CIR L7 f w W .Y W .Y Z W W Q� A\i w ,v 'i"��• y "YO r� � � y OlY W W W W W p C,ZR M Na A 3 w W C DPW W W W c W W W •v � y y W W W y W MULBERRi NC7pNALN CE /v W W W /cy- til WOODLANDS ISH 'COUNTRY' a IIiI, II: tLU➢ W W (C q \\\\ W W W CIR GCq // / \\ \ v W W WWOEDLANDS \\\\\�\ W GOLF COURSE y W W\ W W W W RA➢I❑ W W W W w W W W W STATI❑N / W W W v v v W W W vW W W W •v W v w v•v W W 44 ST 44 ST SUDLERPR.DWG SUDLER PROJECT AGREEMENT AND COVENANT RUNNING WITH THE LAND ( HOLD HARMLESS AGREEMENT ) • • EXHIBIT 2 Temp. Reso.#7969 AGREEMENT AND COVENANT RUNNING WITH THE LAND FOR: Sudler Project Development Name THIS COVENANT made this 24 day of Sept. , 19 97 by and between Stan and Marion Sudler having an address of 5716 South Bayberry Lane Tamarac Florida 33321 herein referred to as "Developer", and the CITY OF TAMARAC, FLORIDA having an address of 7525 NW 88th Avenue, Tamarac, Florida 33321, hereinafter referred to as "Tamarac". WITNESSETH: WHEREAS, Developer is 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 commercial building on said property and in course of said construction has erected a concrete slab within a Utility Easement which is recorded in Plat Book 67 and Page 43 of Broward County; and WHEREAS, said concrete slab is described on the site plan for 5716 South Ba ber Lane prepared by Screen Idos Corp.,and dated, a copy of which is on file with Tamarac; and WHEREAS, Tamarac requires that Developer hold harmless against any expense of removal of said concrete slab. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereto 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. 0-11MM holdharm.wpd 3. 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. 4. This Agreement shall run with the land and bind Developer or Owner, its agents, heirs, successors and assigns and subsequent owners of the aforesaid described real estate. • 0 9607262 holdharm.wpd 0 IN WITNESS WHEREOF, Owner has • and year first above written. n &��/ I Witness Type Name Debra A. Vince Witness Type Name STATE OF FLORIDA nto set h`rs hand and seal on the day ame/Title Stan Sudler Type Name/Title Marion Sudler : SS COUNTY OF Broward I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Stan and Marion Sudler to me known to be the persons(s) described in and who executed the foregoing instrument and , they _,_ acknowledged before me that they executed the same. 199 1. WITNESS my hand and official seal this day of ( ) Personally known to me, or ( x ) Produced identification V(�, - j - �I kMd � NOTARY PUBLIC, State of Florida at LargeIt , (Signature off 4otary Public: Print, Stamp, or Type as Coil Florida Driver's License r Y Type of I.D. Produced ( ) DID take an oath, or ( x) DID NOT take an oath. 91-MMM holdharm.wpd • C7 • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and deliv ed in the presence of: A'T: 1 By: Rob S. Noe, Jr., City Manager Date: —September 24 1997 ATTEST: By: Carol A. Evans, CIVIC City Clerk Date: September 24 1997 STATE OF FLORIDA SS ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe Wreiber, Mayor By: Ro ".Noe, Jr., City Manager Date: September 24. 1997 Appybve fl as to itche`ff S. Kraft, ty Attorney I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Joe Schreiber & Robert S. Noe, ido me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this 24 day of September , 1997 pY PV OFFICIAL NOTARY SEAL ®1P Qe, PHYLLIS POLIKOFF jt n COMMISSION NUMBER < CC390392 "Y,r 4 MY COMMISSION EXP. FQ F4O SEPT 231998 (x) Personally known to me, or ( ) Produced identification ErI•'i•��Y:� &4/0' � NOTARY PUBLIC, St of Florida at Large Phyllis Poiikoff (Name of Notary Public: Print, Stamp, or Type as Commissioned) holdharm.wpd �J J '000000000000000000000000000� T 3 EXHIBIT A BAYBERRY LANE - ------------ i LEGAL DESCRIPTION: LOT 5, BLOCK 25 OF " THE WOODLANDS SECTION FIVE" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 67 AT PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA r� • BOUNDARY 13UfiVEY P'ULICE SAND SURVEYORS' INC. n% 5381 Nt3B I-M-L ROAD SUNME. F9-Ofi1DA t33,"1 TELEPHONE: (954) 572--1777 •- FAX: (954) 572-1778 E—MAIL: pulleaOix-ne teem. corn LEGAL DESCRIPTION: Lot 5, Block -25^of "THE WOODLANDS SECTION FIVE" according to the plat thereof as recorded in Plat Book 67 Ac Page 43 of, the public records of Broward County, Florida. NOTICE: This survey was prepared without benefit of a Title Search, therefore Only those easements OR the recorded plat are shown. NOTI•:S: NOOOLANDS COUNTRT CLUB l) Flood Zone: All 2) Rase Flood Elevation: 8.0 feet a tar e 3) Community 11 120058 0204F s T 40 Map Date: 8-18-92 i 5) Lowest Floor Elevation: 10.9 feet SOURI eAYltI;RRYLANE 6) Garage Floor Elevation: 10.5 feet 7) Loweac Adjacent Grade: 10,4 feet 8) Flcvations are based on II.G.V. Datum, 9) Thin survey is certified exclusively to: Stanley Sudler, Marion Sudler, his wife, RADIUS-1400,00' DELTA^-03'58'55' Heritage Title FOUND�- IPE LENG-n-i-97.30' Inf;n urance Agency,_ -- `//" Inc, and I 10' UTILITY FASFNE141 Commollwe+llth I'and CAgT T.ttla Tn,uranco Company. PONT (IF j�7/llppE %toe t1a.I SO.91 ]LE, 11ERITAGE TITLE 6ERTIE1CAll0N: ;CALE; I" w 201 1 Hereby Certlfy. that this sketch of survey meelq the minimum technical standards set forth by the Florida Board of Professlonol Land Surveyors 1FTDEFI NQ,t 32858 In Chapter 6lGlj,6-Forido Adminictrotive code, pursuant to Section 472-027, Flojldb Stal ea. 1ELD DATE 1-24-96 Copies 0f���ttt Ih s ske�a are Involid u emboa:ed with the seal of the uundersl( _ d� � 5716 Snth 8uyherry Lane �/`/` '� �� -� ,7- 7,G Tamarne, Florida John F. Pullce. Rey. Land Surveyor #2691 l.nchoal Chorfes Fl)nn, Rey. Land Surveyor #3281 OR, SIIULI?Il State of Florida