HomeMy WebLinkAboutCity of Tamarac Resolution R-84-250Introduced by Temp. # 3226
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. C7
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION
OF AN EASEMENT AND OPTION AGREEMENT OFFERED BY
LAKES OF CARRIAGE HILLS, INC., AND CALIFORNIA FEDERAL SAVINGS
AND LOAN ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
Section 1: That the Easement and option Agreement with Lakes of
Carriage Hills, Inc., and California Federal Savings and Loan Association
for the City to remove the temporary structure used for ----
a sales and administration office after expiration of the use permit
is hereby approved.
Section 2.
That the Mayor is hereby authorized to execute
said agreement on behalf of the City.
PASSED, ADOPTED AND APPROVED this ��day of 1984 kA
ATTEST:
4Mayor
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Ass't City Clerk
I HEREBY CERTIFY THAT I
have approved the form and
correctness of his Resolution
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City Attorney
RECORD OF COUNCIL VOTE
MAYOR: KRAVITZ
DISTRICT 4: WA STEIN
DISTRICT 3: CIM STEL.ZER
DISTRICT 2: C/M MUNITZ 6417Q:
DISTRICT 1: GM DUNNE Div
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EASEMENT AND OPTION AGREEMENT
THIS EASEMENT AND OPTION AGREEMENT made and entered into
this day of , 1984, by and between LAKES OF
CARRIAGE HILLS, INC., a Florida corporation (hereinafter
referred to as "Developer"), CALIFORNIA FEDERAL SAVINGS AND
LOAN ASSOCIATION (hereinafter referred to as "California Federal"),
and the CITY OF TAMARAC, a municipal corporation (hereinafter
referred to as "Municipality").
WITNESSETH:
WHEREAS, Developer is the owner of certain real property
located in Broward County, Florida, more particularly described
on Exhibit A attached hereto (hereinafter referred to as the
"Property"); and
WHEREAS, Developer and California Federal wish to construct
temporary structures upon the Property; and
WHEREAS, the City of Tamarac Ordinance No. 0-84-1 requires
Developer and California Federal to comply with certain require-
ments set forth therein relative to the construction and installa-
tion of any temporary structures including the granting of an ir-
revocable easement to Municipality for ingress and egress at
any time after thirty (30) days of the expiration, termination,
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or revocation of a permit in order to remove the
temporary structures and the granting of an option to Munici- �y
pality to acquire the temporary structure for any purpose what-
soever for the sum of Ten Dollars ($10.00) in the event such
temporary structure is not removed within thirty (30) days of
written notice of the expiration, termination or revocation of
the permit; and
WHEREAS, Developer and California Federal desire to grant
to Municipality an irrevocable easement and option in compliance
with the Ordinance referenced herein.
NOW, THEREFORE, in consideration of the mutual premises set
forth herein and such other good and valuable consideration the
receipt and sufficiency of which is hereby acknowledged Developer
and California Federal do hereby agree as follows:
1. Recitals:
The foregoing recitals are incorporated herein and made
a part hereof.
2. Easement:
Developer and California Federal do hereby grant to
Municipality an irrevocable easement exclusively for ingress and
egress with respect to the Property referenced herein to enable
Municipality to enter such Property at any time after thirty (30)
days written notice by the Municipality of the expiration, termi-
nation or revocation of the permit permitting the installation
and construction of such temporary structures in order to remove
or demolish such temporary structures. This easement is solely
for the purposes set forth hereinabove, and thie easement shall
automatically terminate upon compliance by Developer and California
Federal with the terms of this Agreement and Ordinance 84-1. Up- �.
on the expiration of the easement, Municipality agrees to execute
any documents reasonably necessary for vacating and releasing said
easement.
3. Option-:
Developer and California Federal do hereby further
grant to Municipality an option to acquire and remove the tempor-
ary structures for any purpose whatsoever for the sum of Ten
Dollars ($10.00) in the event such temporary structures are not
removed within thirty (30) days after written notice by the Muni-
cipality of the expiration, termination or revocation of the
permit granting permission for the installation of such temporary
structures, Municipality shall then have thirty (30) days in which
to exercise this option and to remove the temporary structures.
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4. Bond:
Developer and California Federal do hereby submit to
Municipality a cash bond in the amount of Four Thousand Five
Hundred Dollars ($4,500.00) to cover the cost of
removal of such temporary structures should same be required in
accordance with the terms hereof.
5. Indemnification:
Developer and California Federal hereby agree to comply
with all laws, ordinances, rules, regulations and order of
Municipality with respect to the construction and preservation
of the temporary structures, to be located upon the Property. In
connection with the construction, use and replacement of the
temporary structures, Developer and California Federal hereby
agree to indemnify and hold Municipality harmless of and from
any and all claims of whatsoever kind and nature arising in
connection with the same, and which are not due in some part to
the fault or negligence of Municipality, which indemnification
shall likewise include all insurable risks relating to fire,
claims for injury and damages to personal property or for the
loss of life or property incurring in, on or about the temporary
structures.
IN WITNESS HEREOF, Developer and California Federal do here-
by set their hands and seal the day and year first above written.
Signed, sealed and delivered
in the presence of:
LAKES OF CARRIAGE HILLS, INC.
By:
CALIFORNIA FEDERAL SAVINGS
AND LOAN ASSOCIATION
A, 0 le"
By :
J.._ _.
PRESIDENT, SOUTHEAST DIVI� 0L,�.
CITY OF TAMARAC
3
STATE OF FLORIDA
SS:
COUNTY OF BROWARD
BEFORE ME, personally appeared '
to me well known, and known to me to be the person Aescribed in
and who executed the foregoing instrument as
of the above named LAKES OF CARRIAGE HILLS, IN ., a corporation,
and he acknowledged to and before me that he executed said instru-
ment as such officer of said corporation, and that the seal
affixed to the foregoing instrument is the corporate seal of said
corporation and that it was affixed to said instrument by due and
regular corporate authority, and that said instrument is the free
act and deed of said corporation.
WITNESS my hand and official seal this 2�- day of 9 ,
1984.
Notary Public, State of F{nrlda at Large LI
fix/ My Commission i�.;__---_—
BONOEQ THRU HUCKLEBERRY, SIULEV
A HARVEY INSURANCE A BONDS, INC, NOTARY PUBLIC"
My Commission Expires: (SF]AL)
STATE OF FLORIDA
SS:
COUNTY OF BROWARD
BEFORE ME, personally appeared WILLIAM C. ROBERTS
to me well known, and known to me to be the person described in
and who executed the foregoing instrument as President. S.E. DIVISION
of the above named CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIA-
TION, a corporation, and he acknowledged to and before me that he
executed said instrument as such officer of said corporation, and
that the seal affixed to the foregoing instrument is the corporate
seal of said corporation and that it was affixed to said instrument
by due and regular corporate authority, and that said instrument
is the free act and deed of said corporation.
WITNESS my hand and official seal this 20 day of July
1984.
My Commission Expires:
MY �pMM#fi51('Jtl fV
K7►M7kO JAU tXt4EgAL Wow '
iN0VkRY PUBLIC
.SEAL)
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STATE OF FLORIDA
SS:
COUNTY OF BROWARD
BEFORE ME, personally appeared / 6�e- r� r� -
to me well known, and known to me to be the person described n
and who executed the foregoing instrument as z�
of the above named CITY OF TAMARAC, a municipal car oration, and
he acknowledged to and before me that he executed said instrument
as such officer of said corporation, and that the seal affixed to
the foregoing instrument is the corporate seal of said corporation
and that it was affixed to said instrument by due and regular
corporate authority, and that said instrument is the free act and
deed of said corporation.
WITNESS my hand and official seal this c day of ,
1984.
NOTARY PUBLIC
My Commission Expires: ►'CTARY FL'L:G STATE Cr" FLORIDA
K' GDiG:d1J5iC1' EXP. APR 21.1539
®Q!k�aD INRW GENERAL IV$. WRU,
(SEAL)
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CRAVEN THOMPSON & ASSOCIATES INC.
ARCHITECTS - ENGINEERS • PLANNERS -SURVEYORS
5901 N.W. 31 AVENUE , FORT LAUOERDALE . FLORIDA 33309 - (305) 971-7770
OFFICES. FORT LAUDERDALE, WEST PALM REACH, ORLANDO
NOTE
TMIS IS HST A SKETCH OF SURVEY. but *oil a grophii popiCtion of the description
ehewn hereon. There hoe Yeah ne field wore , viewing d fhs svpied preaefly , or
FOR OFCzI°cl"OGer ei S wohrmenH set In Connection with #%a preparation of the informetion shiewn
hereon.
SCALE / "'.
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DATED, 7/9,
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UPDATES and/or REVISIONS DATE BY CK'D NQTE The undersigned and CRAVEN -THOMPSON 13 ASSOCIATES, INC. make no
representations or guarantees as to the information reflected hereon pertaining to
easements, rights - of - way, set back lines, reservotions,agreemefltsand other similar
natters, and further, this instrument is not intended to refleCt or set forth oil such
ratters. Such information should be obtained and Confirmed by others through
appropriate title vertification.
NOTE Lands shown hereon were not abstracted for right - of - way and/or
easements of record. CRAVEN•THOMPSONBASSOC. INC. COPYRIGHT Q
JOB NO,8110e je DRAWN By: TI5, CHECKED BY = CODE .. FILE N0.
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EXHIBIT "A" CONTINUED
DESCRIPTION:
A PORTION OF TRACT 12, "FORT LAUDERDALE TRUCK FARMS SUBDIVISION" OF
SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4,
AT PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF PARCEL "B", "SABAL PALM
VILLAGE OF TAMARAC", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK
79, AT PAGE 42 OF THE SAID PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;
THENCE SOUTH 01030'24" EAST, (ON A GRID BEARING BASED ON THE WEST LINE OF
SAID SECTION 12, AS SHOWN ON THE "STONER-KEITH RESURVEY OF TOWNSHIP 49
SOUTH, RANGE 41 EAST", AS RECORDED IN MISCELLANEOUS PLAT BOOK 3, AT PAGE
44 OF THE SAID PUBLIC RECORDS OF BROWARD COUNTY), ALONG THE WEST LINE OF
SAID PARCEL "B", A DISTANCE OF 380.29 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE, SOUTH 01°30'24" EAST, ALONG THE LAST DESCRIBED COURSE, A
DISTANCE OF 380.00 FEET; THENCE SOUTH 89°33'56" WEST, ALONG THE NORTHERLY
LIMITS OF SAID PLAT, "SABAL PALM VILLAGE OF TAMARAC", A DISTANCE OF 351.07
FEET; THENCE NORTH 45058114" WEST, A DISTANCE OF 42.03 FEET; THENCE
NORTH 01030'24" WEST, ALONG A LINE PARALLEL WITH AND 55.00 FEET EAST OF,
AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID SECTION 12, A
DISTANCE OF 350.56 FEET; THENCE NORTH 89°33'56" EAST, A DISTANCE OF 380.51
FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA,
CONTAINING 3.3089 ACRES MORE OR LESS.
CERTIFICATE:
I HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER
21HH-6.06(1), MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE
OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD
OF LAND SURVEYORS, IN SEPTEMBER 1981, AND IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE AND BELIEF.
THIS SKETCH IS NOT VALID UNLESS IT
SE A; SIGNA7 I
DATED: % / bP 0 ,A n,
WILL AM A. TRUEMAN
REGISTERED LAND SURVEYOR NO. 3358
STATE OF FLORIDA
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