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Home My WebLink AboutCity of Tamarac Resolution R-91-027Temp. Reso. #5987 CITY'OF TAMARAC, FLORIDA RESOLUTION NO. R-91-vZ7 A RESOLUTION AUTHORIZING THE APPRO- PRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT AND COVENANT RUNNING WITH THE LAND PERTAINING TO A DUMPSTER ENCLOSURE WHICH MAY ENCROACH UPON A DRAINAGE EASEMENT FOR SUN BANK/SOUTH FLORIDA, N.A., TAMARAC EAST BRANCH; AND PROVIDING 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 pertaining to a d.umpster enclosure which may encroach upon a drainage easement for Sun Bank/South Florida N.A., for the Tamarac East Branch, a copy of said document being attached heretd as "Exhibit 1". SECTION 2: That the City Clerk is.hereby author- ized and directed to record. said document in the public records of Broward County, Florida. SECTION 3: This Resolution shall become effective upon adoption. 0 PASSED, ADOPTED AND APPROVED this /-3 day of ,1991. NORMAN ABRAMOWITZ MAYOR ATTEST: CAROL A. L ANS CITY CLERK I HEREBY CERTIFY that I have approved this R ution as to form 0 1 r. ALAN F: RUF CITY ATT bRNEY RECORD OF COUNCIL VOTE MAVORw.,„, ABRAMOWITZ _,. /,&A� T6 P C/1A ROHR DI TRICT2: C/ r� SCI6I�I�IA SN D1,SYR9CT 3: V/M HOFFMAN � DISTRICT 4: C/M BENDER 0 10 is R'. AGREEKENT AND COVENANT RUNNING WITH THE LAND FOR: SUN BANK/SOUTH FLORIDA, N.A. ((,P f�-1 r/ ,�C- ` /-, 7 THIS COVENANT made this 16th day of April, 1990 by and between Sun Bank/South Florida, N.A., an association having an address at 3850 West Commercial Boulevard, Tamarac, Florida 33309 (hereinafter referred to as "Owner"), and CITY OF TAMARAC, FLORIDA (hereinafter referred to as "Tamarac") a Florida Municipal Corproation having an address at 7525 Northwest 88th Avenue, Tamarac, Florida 33321. X_T N E S 5 E T H: WHEREAS, the owner of the 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, the Owner has a branch bank on said property and in the course of said construction has erected a dumpster enclosure which may encroach upon a Drainage Easement. WHEREAS, said dumpster pad and enclosures are described on the Exhibits "B" and "C" dated April 9, 1990 for Sun Bank/South Florida, N.A. for East Tamarac Branch, prepared by Robert J. Hugenschmidt, P.E. and dated 3-29-90, a copy of which is on file with Tamarac. WHEREAS, Tamarac requires the Owner hold Tamarac harmless against any expense of removal of said dumpster enclosure. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto hereby agree as follows: 2- -2- 1. The Owner shall remove said encroachments or either of them at such time as the Owner shall be required to do so by Tamarac or any lawful titleholder to said easements. 2. The Owner 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. 3. The Owner shall place a plaque on the southeastern wall of the aforesaid dumpster enclosure and shall state as follows: "This structure may be ordered removed by the City of Tamarac at no cost to the city should its removal become necessary to repair any utility line. The cost of removal shall be borne by Sun Bank/South Florida, National Association, its successors and assigns." 4. 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. 5. This Agreement shall run with the land and bind the Owner, 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. 0 C� 10 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS les Hei 'nger WITNESS Arthurin Ames STATE OF FLORIDA SS COUNTY OF BROWARD (GRANTOR) SUN BANK/SOUTH FLORIDA, N.A. By: �-Vor Da joas K. Sin air nior Vice P sideni (SEAL IF CORPORATION) I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledg- ments, personally appeared to me known to be the person des ribed in and who executed the foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and official seal in the County and State last aforesaid this --9._ day of ww A.D. , 19 qz_ . My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. OCT.31.1"3 IONDED TNRU GENERAL 103. UND. 112989 - 3- c w • * r M � • 4TZr + •. OF FL •• •OFFICIAL NOTARY SEAL" BARBARA R. CARLYN PUE ATTEST: By: J n P. kelly, ., TY MANAGER ATTEST: By: �e� C rol A. Evans, CITY CLERK CITY OF TAMARAC APPROVED AT MEETING OF � I3 91 STATE OF FLORIDA ) SS COUNTY OF BROWARD ACCEPTED BY CITY OF TAMARAC, GRAbfftE By: W,�a' �t_ rman Abramowitz, YOR Q 0 Date: ':�Z0,_/ By: Jolth P. Kelly; ,,yfl, Y MANAGER (vJ Date: 9 Approved t form• By: CITY ATTORNE I HEREBY CERTIFY that on this day, before me, apt OfficerSduly authorized in the State aforesaid and in the County aforesaid to.take acknowledge-ments personally appeared 7,., 7w to me known to be the person5describ in 6nd who executedthe fore- going instrument and acknowledged before me that -4!�qp executed . the same. WITNESS my hand and official seal at Fort Lauderdale, Broward County, Florida, this Novo -day of , 19 Ndtary Public My Commission Expires: NOTARY AIIBLIC STATE 4 FLORIDA NY COMMISSION EXF, NOV. 661994 BONDED THRU GENERAL INS. UND. a 112989 MASTER-DOC PUB.UTIL.EASE. '_E PUE 1-1 0 is • 1 lfe1: T M 0) `I.=144:T S. .Zi=LU A portion of the Northwest one --quarter (N.W. 1/4) of the Southwest one -quarter (S.W.1/4) of Section 18, Township 49 South, Range 42 East, more fully described as follows: Beginning at the Southeast corner of "TAMARAC BUSINESS CENTER, SECTION 2," according to the plat thereof, as recorded in Plat Book 61, Page 50, of the Public Records of Broward County, Florida; Thence easterly on an assumed bearing of North 89 56141" East along the Easterly extension of the South line of the said 'TAMARAC BUSINESS CENTER, SECTION 291, a distance of 146.67 feet; Thence north 0 03119" West, a distance of 426.66 feet to a point on the arc of a non -tangent curve concave to the North, said point being on the South right-of-way line of West Commercial Boulevard, as shown on the Florida D.O.T.right-of--way Map Section 86504-2603, a radial bearing of said curve through said point being North 1 09 34" East; Thence Northwesterly along the arc of said curve to the right, having a central angle of 2 21119" and a radius of 2924.79 feet for an arc distance of 120.23 feet to a point of non -tangency; Thence South 46 43147" West a distance of 36.44 feet to a point on the East line of the said 'TAMARAC BUSINESS CENTER, SECTION 211; Thence South 0 03119" East along said East line a distance of 406.71 feet to the Point of Beginning. d N ply/B/T �i r r` Aoz� ZI Iq I [/ I iv'(M Y A 0 0 A. .0 a'r � 7 ��9 7 1• W m Q �a e 3t ~ y ❑ C E A e o N y cw Iw f CJ ❑ ❑M- w _ .o m STATE ROAD T (/ 15 111 r I� 4 00 cr E N� h 7 — — 0 � � 1 '' ZM1 0 1 aN 1 b Iw rn-i : ((TEA.�I� I (( 2T Ey 1 r (U.S.'441)