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
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SUDLERPR.DWG
SUDLER PROJECT
AGREEMENT AND COVENANT RUNNING WITH THE LAND
( HOLD HARMLESS AGREEMENT )
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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.
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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.
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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
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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
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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
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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