HomeMy WebLinkAboutCity of Tamarac Resolution R-81-121Introduced by
Temp. # 1937
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE
AND APPROVING AN AGREEMENT WITH BRELA INVESTMENT
COMPANY FOR WOODMONT TRACT 47 ENTRANCEWAY.
BE IT RESOLVED BY 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 Brela Investment
Company over portions of Northwest $5th Avenue and Northwest
81st Street for the purpose of constructing and maintaining the
entranceway and other facilities for Woodmont Tract47 , attached
hereto as Exhibit "A".
SECTION 2: That the "Agreement" executed by the Woodmont
Tract 47 Homeowners Association, Inc. and Brela Investment Company _
for maintenance of portions of Northwest 85th Avenue right-of-way
paved with bomanite is hereby approved, attached hereto 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 /D day _ , 1981.
Ma
ATTEST:
Ass't City Cler
I HEREBY CERTIFY that I
have approved the form and
correctness of this RESOLUTION
Arthur'Birken, City Attorney
RECORD OF COUNCIL VOTE
MAYORt
DISTRICT 1:
DISTRICT 2:
DISTRICT 3:
DISTRICT 4: ,Qj
hntroduced by cep
Temp. # 1937
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE
AND APPROVING AN AGREEMENT WITH BRELA INVESTMENT
COMPANY FOR WOODMONT TRACT 47 ENTRANCEWAY.
BE IT RESOLVED BY 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 Brela Investment
Company over portions of Northwest $5th Avenue and Northwest
81st Street for the purpose of constructing and maintaining the
entranceway and other facilities for Woodmont Tract47 , attached
hereto as Exhibit "A".
SECTION 2: That the "Agreement" executed by the Woodmont
Tract 47 Homeowners Association, Inc. and Brela Investment Company
for maintenance of portions of Northwest 85th Avenue right-of-way
paved with bomanite is hereby approved, attached hereto 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 1981.
Ma
ATTEST:
Ass't City Cler
I HEREBY CERTIFY that I
have approved the form and
correctness of this RESOLUTION
Arthur'Birken, City Attorney
RECORD OF COUNCIL VOTE
MAYORt
DISTRICT 1:
DISTRICT 2:
DISTRICT 3:
DISTRICT 4:
LICENSE
KNOW ALL MEN.BY THESE PRESENT'S, that the CITY CF TAMARAC,
FIARIDA, a municipal corporation of the State of Florida, ("City") for
and in consideration fo the sun of TEN ($10.00) DOLLARS and other good
and valuable consideration, receipt of which is hereby acknowledged,
does hereby grant and convey unto BRELA INVESTMENT COMPANY, NX., A
Netherlands Antilles corporation, its successors and assigns, a license
over those portions of Northwest 85th Avenue and Northwest 81st Street
reflected upon Exhibit "A" annexed hereto, for the purpose of
constructing and maintaining that entranceway and other facilities
("Facilities") pertinent thereto for Woodnont Tract 47, according to the
Plat thereof, recorded in Plat Book 108,Page 2, 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 Facilites after taking any action above
permitted.
i
0
DATED this Z O / day of ,1981.
CITYOFT FIARIDA
By /
Walter W. Falck, Mayor
RPs� ��9/-iai �X�,d, T '�14
STATE OF ••
I HEREBY CERTIFY that on this day before me, an officer duly
authorized to take acknowledgments, personally appeared WALTER 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.
. y
WITI`iM my hand and seal in the County and State last
aforesaid, this ./day of _, 1981.
NCTARY PUBLIC.
My Commission Expires:
BQTgRY FUBLIC. STATE OF.FLORIDA AT LARG:
hAy �Q^1J�;IS5ION, E kj? f.E5 iV,k 21 1984
&Q" t�tI C"CRAL INS, UNDERWBIIERS
-2-
SKETCH AND LEGAL DESCRIPTION
ENTRANCE TO "WOODMONT TRACT 47"
A PORTION OF A PUBLIC RIGHT-OF-WAY KNOWN AS N.W. 85th AVENUE AS DEDICATED BY
THE PLAT OF "WOODMONT TRACT 47", AS RECORDED IN PLAT BOOK 10-00, PAGE 2 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: BEGINNING AT THE SOUTHEAST (SE) CORNER OF SAID PLAT; THENCE
N.14000'13"E., A DISTANCE OF 40.24 FEET TO THE POINT OF CURVATURE OF A
CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE,
HAVING A RADIUS OF 180.00 FEET AND A CENTRAL ANGLE OF 07032'24", A DISTANCE
OF 23.69 FEET TO THE POINT OF TANGENCY; THENCE N.21032'37"E. A DISTANCE OF
75.00 FEET; THENCE N.68027'23"W., A DISTANCE OF 60.39 FEET TO A POINT LYING
ON A CIRCULAR CURVE TO THE RIGHT, HAVING AN INITIAL TA14GENT BEARING OF
S.11024'24"W.; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A
RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 10008'13", A DISTANCE OF 4.42
FEET TO THE POINT OF TANGENCY; THENCE S.21032'37"W., A DISTANCE OF 70.60
FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 240.00 FEET AND A
CENTRAL ANGLE OF 07032'24", A DISTANCE OF 31.58 FEET TO THE POINT OF TANGENCY]
THENCE.S.13047'42"W., A DISTANCE OF 10.01 FE, T TO THE POINT OF CURVATURE OF A''i
CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY AND WESTERLY AL014G THE ARC OF
SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CE14TRAL ANGLE OF 95026'33",
A DISTANCE OF 41.65 FEET TO A POINT LYING ON A CIRCULAR CURVE TO THE LEFT,
HAVING AN INITIAL TANGENT BEARING OF S.70045'45"E.; THENCE EASTERLY ALONG
THE ARC OF SAID CURVE, HAVING A RADIUS OF 1395.00 FEET AND A CENTRAL ANGLE
OF 03035'25", A DISTANCE OF 87.42 FEET TO THE POIN^1 OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA AND CONTAIN-
ING 0. 199 ACRES, MORE OR LESS.
I HEREBY CERTIFY THAT THIS SKETCH A14D LEGAL DESCRIPTION IS TRUl" AND CORRECT
TO THE B ST QF MY KNOWLEDGE AND BELIEF.
DANIE L L. CARN AHAN
REGISTERED LrHD SURVEYOR r3002
STATE OF FLORIDA
NOTES:
A) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSi:_JI
SURVEYOR'S SEAL.
B) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGFTS-OF-
WAY OF RECORD.
SCALE
EXHIBIT "A"
SHELT 1 of 2
DANIEL CARNAHAN CONSULTING ENGINEERS, INC.
CONSULTING OWNEERS LAND SUWEYORS
LAND DEVELOPMENT CONSULTANTS
101 N. STATE ROAD 7 MARGATE. FL. 33063 305 - 972 - 3959
JOB NO. I DATE I BRAWN Irmcriem Ica io.•
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V IEET 2 OF 2
DANIEL CARNAHAN CONSULTING ENGINEERS, INC.
CONSULTING iWNEERS LAND SOFT VEYORS
LAND DEVEWAVENT CONSIA:TANTS
101 N. STATE ROAD T MARGATE. FL. 33063 305 - 972- 3959
"Is NO. 8/O/O/9 DATE 5 20-8! DRAWN l7CGV CHECKED ae 00/pG
a
KNOW ALL MEN BY THESE PRESENTS, that the undersigned WOODMONT
TRACT 47 HOMECWNERS ASSOCIATION,INC. a Florida corporation not for
profit ("Association") and BREIA INVESTMENT CCMPANY, N.V., a Netherlands
Antilles corporation, ("Owner") the owner of certain lands within
WOODMONT TRACT 47, according to the Plat thereof, as recorded in Plat
Book 108, Page 2, of the Public Records of Broward County, Florida, so
hereby agree with the CITY OF TAMARAC, FLORIDA, ("City"), in
consideration of City's permitting Owner to construct a portion of
Northwest 85th Avenue as shown on the Revised Entrance Site Plan
prepared by Daniel Carnahan, Consulting Engineer, and dated March 16,
1981, ("Site Plan") on file with City as bamanite road, that
association and its successors in interest, will pay the entire cost of
maintaining those portions of said right-of-way paved with bamanite 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
required and approved by the Engineering Department of the City of
Tamarac. If the bomanite surface does not serve as a safe skid
resistant traffic surface as, d6eteimiried_by the City Engineer, -the
Association and its successors in interest, shall remove the bcmanite
pavement and replace it with acceptable asphalt pavement.
It is acknowledged that the right-of-way to be paved with the
bamanite was dedicated to the public in the Plat entitled WOODMONT
TRACT 47, recorded in Plat Book 108 Page 2, 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 promptly pay the cost of maintenance to
the City shall entitle the City to remove the Bcamanite and repave the
road at the sole cost of Association. The duty to pay the costs of
maintenance shall include, without limitation, normal repair of damaged
bamanite pavement, cleaning of pavement, and repaving of the bcenanite to
,bring it to the same elevation as the rest of the street in the event
that the entire street is repaved.
. . 1
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 consideration 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 which policy, Owner Association and City
s ry ty upon po cY. . Y
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 f ive (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
4t.. 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-
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 -way 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 WOODMONT TRACT 47, which Association shall have
the obligations hereunder relative to the maintenance of the right-of-
way areas paved with bamanite, the cost of such maintenance will be
proratably paid by such lot owners as required by restrictions
encumbering the lots in WOODMONT TRACT 47, 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 /r/r ,1981.
Signed, sealed and delivered
in the presence of:
WOCDMCW TRACT 47 HOMECWNERS
ASSOC ON, INC., a Florida
co rati n not for profit
President
Brela ves t, y, N.V.
a Ne ands es corporation
By
V 10., President
STATE OF FLORIDA
I HEREBY CERTIFY that on this day before me, an officer duly
authorized to take acknowledgments, personally appeared L14�r
President of WOODM(7NI' TRACT 47 Ha&)()V FRS" 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 ti day of'
1981.
STATE OF FLORIDA
NOTARY PUBLIC
My Commission Expires:
0= FLORIDA AT IARG:
�iCN LAr';Kc�, ico 16 1964
.i�') L."'r,1,N11IRS
I HEREBY CERTIFY that on this day before me, an officer duly
authorized to take acknowledgments, personally appeared 4d�u
President of Brela 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 /& t1) day of .,1981.
NOTAIff PUBLIC
My Omission Expires:
0 Da .AR-
::�...,.,. .. ,;:� h�. �".�,. ; N6 , Uh✓cicYr n 1 i F�:y