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HomeMy WebLinkAboutCity of Tamarac Resolution R-81-122INTRODUCED BY TEMP. # f 7z3,P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. e-8/- %�oz A RESOLUTION AUEHORIZING EXECUTION OF A LICENSE AND APPROVING AN AGREEMENT WITH CALI INVESTMENT COMPANY FOR.WOODMONT.TRACT 70 ENTRANCEWAY. BE IT RESOLVED BY THE COUNCIL OF THE COUNCIL OF THE CITY OF TAMARAC FLORIDA: SECTION 1_ That the Mayor is hereby authorized to execute the "License" offered by the City to Cali Investment Company over portions of Northwest 83rd Avenue and Northwest 75th Street for the purpose of constructing and maintaining that entranceway and other facilities for Woodmont Tract 70, attached as Exhibit "A" SECTION 2: That the "Agreement" executed by the Woodmont Tract 70 Homeowner's Association, Inc. and Cali Investment Company for maintenance of portions of the Northwest 83rd Avenue right-of- way paved with bomanite is hereby approved, attached as Exhibit "B" SECTION 3: That the City Clerk is hereby instructed to record said documents in the public records of Broward County Florida. PASSED, ADOPTED AND APPROVED this -� day of ATTEST: Ass t City Clerk I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION MAYOR: DISTRICT >.�,- �/ / 1✓l ,` f _ _ DISTRICT Arthur Birken; City Attorney DISTRICT DISTRICT RECORD OF COUNCIL VOTE , 1981. LICENSE KNOW ALL, MEN BY THESE PRESELW S , that the CITY C&' TAMARW FLORIDA, a municipal corporation of the State of Florida, ("city") for and in consideration of the sun of TEN ($10.00) DCU ARS and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant and convey unto CALL INVESZMERr COMPANY N.V., a Netherlands Antilles corporation, its successors and assigns, a license over those portions of Northwest 83rd Avenue and Northwest 75th Street, reflected upon Exhibit "A" annexed hereto, for the purpose of constructing and maintaining that entranceway and other facilities ("Facilities") pertinent thereto for Woodinont Tract 70, according to the Plat thereof, recorded in Plat Book 106, Page 39, of the Public Records of Broward County, Florida, the Facilities being depicted upon Exhibit "A" annexed hereto. City hereby reserves the right to perform such work and do such things within the area of the license hereby granted as deemed necessary and appropriate by the City including removal of all or any portion of the Facilities constructed therein should City believe the same be necessary or required by the best interests of the city or the public, and further to permit all entities furnishing utilities to coextensively use the license area for furnishing utility services. Neither City nor any party furnishing such utilities shall have any obligation to restore the Facilities after taking any action above permitted. DATEDthis � day of ,1981. CITY CF TNMW, FIORD By WALTER W. FAUX, Mayor. INTRODUCED BY TEMP. # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7.7 18 19 20 21 22 23 24 25 26 27 28 29 30 - 31 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. e-8/— /0202 A RESOLUTION AURHORIZING EXECUTION OF A LICENSE AND APPROVING AN AGREEMENT WITH CALI INVESTMENT COMPANY FOR_WOODMONT.TRACT 70 ENTRANCEWAY. BE IT RESOLVED BY THE COUNCIL OF THE COUNCIL OF THE CITY OF TAMARAC FLORIDA: SECTION 1: That the Mayor is hereby authorized to execute the "License" offered by the City to Cali Investment Company over portions of Northwest 83rd Avenue and Northwest 75th Street for the purpose of constructing and maintaining that entranceway and other facilities for Woodmont Tract 70, attached as Exhibit "A" SECTION 2: That the "Agreement" executed by the Woodmont Tract 70 Homeowner's Association, Inc. and Cali Investment Company for maintenance of portions of the Northwest 83rd Avenue right-of- way paved with bomanite is hereby approved, attached as Exhibit "B" SECTION 3: That the City Clerk is hereby instructed to record said documents in the public records of Broward County Florida. PASSED, ADOPTED AND APPROVED this p day of ATTEST: Ass t City Clerk I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION MAYOR: DISTRICT DISTRICT Arthur Birken, City Attorney DISTRICT DISTRICT RECORD OF COUNCIL VOTE , 1981. •c' oci, • . •.• two • • I HEREBY CERTIFY that on this day before me, an officer duly authorized to take acknowledgments, personally appeared %ALTER W. FALcK, as Mayor of the City of Tamarac, a municipal subdivision of the State of Florida, to me known to be the person who executed the foregoing Easement and acknowledged before me that he executed the same for the purposes and uses therein contained. WISWESS my hand and seal in the County and State last aforesaid, this •// day of , 1981. E 60�' 11-e4�� ARY PUBLIC My Commission Expires: NOTARY EUP00 STATE OF FLOP IDA AT LAj�Cr ply Ca;'"V:1_5! :-q ..N;.Ir'S 2 211984 fib . . G '< ? ,'!i L';.!::','r:IT"9S -2- I SKETCH AND LEGAL DESCRIPTION ENTRANCE TO "WO06MONT TRACT 70" A PORTION OF A PUBLIC RIGHT-OF-WAY KNOWN AS N.W. 83rd AVENUE, AS DEDICATED BY THE PLAT OF "WOODMONT TRACT 7011, AS RECORDED IN PLAT BOOK 106, PAGE 39 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: C0MMENCING AT THE NORTHEAST (NE) CORNER OF SAID PLAT; THENCE S.73000'20"W. ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF 135.87 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE S.73000120"W. ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF 110.00 FEET; THENCE S.61059140"E., A DISTANCE OF 42.43 FEET (35.36' PLAT); THENCE S.16059140"E., A DISTANCE OF 15.61 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 0804310311, A DISTANCE OF 11.41 FEET; THENCE RADIALLY N.81043123"E. A DISTANCE OF .50.00 FEET TO A POINT LYING ON A CIRCULAR CURVE TO THE LEFT, HAVING Ali INITIAL TANGENT BEARING OF N.08016'37"W.; THENCE NORTHWESTERLY ALONG,THE ARC OF SAID CURVE, I:AVIiG A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 0804310311, A DISTANCE OF 19.02 FEET TO THE POINT OF TANGENCY; THENCE N.16059140"W.,.A DISTANCE OF 15.61 FEET; THENCE N.28000120"E., A DISTANCE OF 42.43 FEET (35.36' PLAT) TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA AND CONTAIN- ING 0.091 ACRES, MORE OR LESS. I HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE A11D CORRECT TO THE FY EDGE AND BELIEF. PANIEL L. CARNAHAN REGISTERED LAND SURVEYOR #3002 STATE OF FLORIDA NOTES: A) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AIJ L14BOSS ED SURVEYOR'S SEAL. B) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS F.ND/OR RIGHTS -OF - WAY OF RECORD. SCALES EXHIBIT "A" DANIEL CARNAHAN CONSULTING ENGINEERS, INC. CONSULTING ENG &EERS LAND SURVEYORS LAND DEVELOWENT CONSULTANTS 1 1 1 101 N. STATE ROAD 7 MARGATE. FL. 33063 I 305.972.3959 AND L eGAG OESCR /DT/aid/ J, TN is 7-RAC r 767 ✓KE TC A4 OM"�l 149 �j S. lb9'40'E. /5.G/' SCALE, 11.2Q' R- 76..00' A- //.41' — a - 06.43 wo WOW TNEA5T CORNER - 'It/000MOw TRACT 70" i� R. /?5'00' A - /9.02 ' G - 0,0`43W" 43' 23 "E 50 0O' (QAD/AL N 8� /N! rW L TAKE I/r BE40/A/0 N. OB°/!o ,'7 "/fti DANIEL CARNAHAN CONSULTING ENGINEERS, INC. CONSULTING ENGINEERS LAND SURVEYORS LAND DEVELOPMENr CONSULTANTS 2oF a L. 101 N. STATE ROAD 7 MARGATE, FL. 33M 305 - 972- 3959 i B/O/O/9 DATE DPAWN CHECKED OLG f8/PG S FNCW ALL N EN BY THESE PRESENTS, that the undersigned WOM4 NT TRACT 70 HOb ECR R5' ASSOCIATION, INC., a Florida corporation not for profit ("Association") and CALL INVESTMENT' CIPANY,N.V., a Netherlands Antilles ccrgoration, " (Ownwer") the owner of certain lands within WOO WNT TRACT 70, according to the Plat hereof, as recorded in Plat Book 106, Page 39, of the Public Records of Broward County, Florida, do hereby agree with the CITY OF TMVUW, FWRIDA, )"City"), in . consideration of City's permitting Owner to construct a portion of Northwest 83rd Avenue as shown on the Revised Entrance Site Plan prepared by Daniel Carnahan, Consulting Engineer, and dated March 13, 1981, ("Site Plan") on file with City as a bamnite road, that Association and its successors in interest, will pay the entire cost of maintaining those portions of said right-of-way paved with bomanite for a period of fifty (50) years from the date hereof. Such construction and maintenance shall be performed in such manner and extent as may be required and approved by the Engineering Department of the City of Tamarac. If the bananite surface does not serve as a safe skid resistant traffic surface as determined by the City Engineer, the Associatian and its successors in interest, shall remove the bananite pavement and replace it with acceptable asphalt pavement. It is acknowledged that the right-of-way to be paved with the bananite was dedicated to the public in that Plat entitled WOCVMC T TRACT 70, recorded in Plat Book 106, page 39, of the Public Records of Broward County, Florida. It is also acknowledged that failure of the Association or any of its successors in interest to prcmptly pay the cost of maintenance to the City shall entitle the City to remove the bananite and repave the road at the sole cost of Association. The duty to pay the cost of maintenance shall include, without limitation, normal repair of damaged bananite pavement, cleaning of pavement, and repaving of the bananite to bring it to the same elevation as the rest of the street in the event that the entire street is repaved. At the option of the City Engineer, in lieu of resurfacing the bomanite pavement, the Association shall remove sufficient asphalt pavement needed to provide a smooth taper of the new asphalt resurfacing to the existing bomanite. Furthermore, it is acknowledged that City's execution of this Agreement is not a waiver of its rights to specially assess for any road improvements or other assessments authorized by law that City may make in the future, nor is it a limitation upon the City's ability to make any other lawful changes on the property for road or other improvements. In further oonsideration of City's permitting the construction of the entranceway facilities depicted upon the Site Plan, portions of which are to be constructed within the public rights -of -way and in consideration of the City's grant of a license to owner over those portions of the public rights -of -way to permit the construction of such entranceway facilities, owner or Association agree at all times to keep in effect a public liability insurance policy having a face amount of not less than $1,000,000.00 (to be increased every five years in accordance with the reasonable request of City) issued by an insurer satisfactory to City upon which policy, Owner, Association and City shall be named as insured parties, which policy shall insure against bodily injury and property damage sustained by third persons by reason of any liability or fault of Owner, Association or City in permitting the construction of, or constructing or maintaining the entranceway facilities described upon Exhibit "A" annexed hereto. Initially, the premium upon such policy shall be prepaid for a period of five (5) years, and thereafter, City shall be furnished with evidence of continuous payment of such premiums. Association agrees that the cost of such insurance premiums shall be proratably paid by the lot owners who are members or have the right to become members of the Association as required by the restrictions encumbering the lots in Woodmont Tract 70. Owner however, by its execution hereof, does hereby guarantee unto City, the payment of the initial five (5) year premium by Association. 'Proof of such premium payment shall be a condition precedent to City's issuance of construction permits for the entranceway facilities shown -2- 7 upon the Site Plan. The failure of Association to pay the additional premiums required to keep such insurance in effect, and provide proof of payment thereof to City, shall cause City to remove all entranceway facilities within the public rights -of -Tway at the cost of Association. This Agreement shall run with the land and shall be binding upon all future owners of the property described in Exhibit "A" attached hereto and made a part hereof. This Agreement may be cancelled by the City unilaterally by enactment of resolution of City Counsel. City agrees that at such time as the owner conveys those portions of the entranceway facilities shown on the Site Plan not within the public rights -of -way to Association, whose ultimate members will be the owners of lots in WODDMCNT TRACT 70, which Association shall have the obligations hereunder relative to the maintenance of the right-of- way areas paved with bomanite, the cost of such maintenance will be proratably paid by such lot owners as required by restrictions encumbering the lots in WOODMOM TRACT 70, that Owner hereunder shall be relieved of any and all obligations under this Agreement. Owner shall give City written notice of such conveyance. DATED THIS day of Ll _, 1981. Signed, sealed and delivered in the presence of: -3- woO mcm TRACT 70 HOM©MERS' ASSOCIATICN, INC., a Florida corporation not for profit BY President CALItog N.V., a Necorporation Via. Pres ident 91 STATE OF FIORIDA COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly authorized to take acknowledgments, personally appeared idzk& President of WOODMCNT TRACT 70 HObIDCJWN MI ASSOCIATION, INC., a Florida corporation not for profit, to me known to be the person who executed the foregoing Covenant and acknowledged before me that he the same as the act and deed of said corporation. WITNESS my hand and seal in the County and State last aforesaid, this L96�-day of �,1981. STATE OF FLORIDA NOTARY PUBLIC My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES FEB 26 1984 BONDED TNRU GENLKAL 114.. UINVLKrrni MAS I HEREBY CERTIFY that on this day before me, anofficerduly authorized to take acknowledgments, personally appeared President of CALI INVESTMENT COMPANY N.V., a Netherlands Antilles corporation, to me known to be the person who executed the foregoing Covenant and acknowledged before me that he executed the same as the act and deed of said corporation. WITNESS my hand and seal in the County and State last aforesaid, this/3�A day of , 1981. NOTARY PUBLIC My Commission Expires: NOTARY DUBLIC STA1E OF FLURIUA Al' L k k t,.y CC)Nj1IS510N WIRFS FEB 26 lyra JQNL✓LV INM1U GL14UAL INS. UNUEMKITERS -4-