HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-104J
Temp Reso # 10730
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June 2, 2005
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA AUTHORIZING THE EXECUTION OF A STIPULATED FINAL
JUDGMENT AS TO RESPONDENT DAN, INC. PROFIT SHARING TRUST,
PROVIDING FOR A COST OF $21,500 FOR PURCHASE OF LAND INCLUSIVE
OF ATTORNEY'S FEES AND COSTS AND ANY AND ALL CLAIMS, BUT
EXCLUSIVE OF REASONABLE EXPERT WITNESS FEES AND COSTS, IF
ANY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac began a rehabilitation project for the
three (3) Stormwater pump stations located along the C-14 canal; and
WHEREAS, during the course of the planning for this project, it was
discovered that the eastern pump station is currently located on a parcel of land
which is not owned by the City of Tamarac; and
WHEREAS, the City of Tamarac contacted the owner of said property in
an attempt to negotiate the purchase of this parcel to enable the continuation of
the pump station rehabilitation; and
WHEREAS, an agreement could not be reached on a purchase price; and
WHEREAS, the City subsequently pursued Eminent Domain procedures
to obtain the ownership of this land; and
WHEREAS, the result of that process is a "Stipulated Final Judgment as
to Respondent Dan, Inc. Profit Sharing Trust", at a cost of $21,500.00 for the
purchase of the land, inclusive of any and all claims and attorr ey's fees, but
Temp Reso # 10730
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June 2, 2005
exclusive of reasonable expert witness fees and costs , if any, hereto attached as
Exhibit 1; and
WHEREAS, it is the recommendation of the Director of Public Works that
the execution of the "Stipulated Final Judgment as to Respondent Dan, Inc. Profit
Sharing Trust", be authorized; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interests of the residents of the City of Tamarac to execute a
"Stipulated Final Judgment as to Respondent Dan, Inc. Profit Sharing Trust".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
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 upon adoption hereof. All exhibits attached hereto are
incorporated herein by this reference.
SECTION 2: The appropriate City Officials are hereby authorized to
execute the "Stipulated Final Judgment as to Respondent Dan, Inc. Profit
Sharing Trust", hereto attached as Exhibit 1.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
HEREBY repealed to the extent of such conflict.
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Temp Reso # 10730
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June 2, 2005
SECTION 4: 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 applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this '6 day of Jtr. , 2005.
ATTEST:
MARION SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
L . GOREN
M ITY ATTORNEY
r JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO fah ,:�PVl
DIST 3: COMM. SULTANOF �hlc
DIST 4: COMM. ROBERTS Aif2
IJALegislation\Draft Legislation Received\June 8\10730 - RES - Dan Inc Stipulated Final Judgment (2) revised 6 7
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FAX NO.
P. 02
Exhibit 1
Temp Reso 10730
IN ' THE CIRCUIT COURT OF THE
SEVENTEENTH JCJDICIAL CTRC[1iT, 1N
AND' FOR BROWARD COUNTY,
TLORIDA
CASE NO.:
CITY OF TAMARAC, a Florida municipal
corporation,
PARCEL:
Petitioner,
V.
DAN INC PROFIT SHAM. G TRUST, a
Florida corporation, FLORIDA POWER &
LIGHT COMPANY, a Florida corporation,
and FROWARD COUNTY, et al.,
05-5426 CACE (13)
N
Respondoaots.
STIPULATED FINAL JUDGMENT AS TO
RE
SI'ONDEIVT DAN 1lNC 1pR0�' ; G 'Y'RIJST
This matter came before the Court upon stipcilation and joint motion of Petitioner, CITY
OF TAMARAC (" I'atitioner"), and Respondent, DAN 1NC PROFIT SHARING TRUST ("Dan
Inc"), for entry of final judgment awarding full compensation to Dan. Inc. The Court being fully
advised in the promises, it is
ORDERED and ADJUDGED that:
Tlie Court has jurisdiction over the.subject matter and the parties to this cause,
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including all persons and entities claiming any
equity, lion, title, or other interest in or to Parcel
2, as described in the First Amended Petition in Bmine t Domain and below:
A portion of that certain- 100 foot Canal, lying East and North of
Parcel "B", SOUTHGATE GARDENS, according to the plat
thereof, as recorded in Plat Bdolt 77;, Page 27, of the public records
of Broward County, Florida, behig a portion of the Southeast one -
quarter (SE �/4) of Section 34, Township 48 South, Range 41 Bast,
Broward County, Florida, More fully described as follows:
:.. JUG(_ 07-2005 TUE 02 : 31 PM — — — FAX N0,
P. 03
Commencing at the Southwest:
corner:of said Section 34; thence
South 88°46'37" East, on .the .South line, of said Section 34, a
distance of 2918.43 feet; thence North 00° 14' 17" West, on the
Southerly extension of the West line of said 100 foot Canal, a
distance of 242.79 feet to the Point of Bcgintiing; thence
continuing North 00° 14' 17" 'West, ors said West lute, a distance of
299.04 feet; thence South 89°3315" East, on the South right-of-
way line of the C-14 Canal, a distance of 100.01 feet; thence South
00014' 17" East, on the East line of said 100 foot Canal, a distance
of 332.17 feet; thence North 70°47'08" West, on the North right -
of --way line of Southgate Boulevard (106 foot right-of-way), a
distance of 106.05 feet to the Point of Beginning,
Said lands situate, lying and being .in the City of Tamarac,
Broward County, Florida;- 31,511 square feet or
0.7234 acres, more or less.
2. Petitioner has complied with, Scctions' 73.031 and 74.041, Florida Statutes, and
has properly served Dan Inc with a Summons, FirstAmended Petition in Eminent Domain,
Notice of Lis Pendens, and a Declaration of Taking and Estimate; of Value, the originals of which
have been filed by Petitioner with the Clerk of Court. The pleadings in this cause are sufficient
and Petitioner is properly exercising- its ' delegatvd:. authority for a public purpose. The
Declaration of Taking and Estimate of Value`filed iii this cause was made in good faith and
based upon a valid appraisal.
3, Dan Inc; former fee sirnple'lowner Of Parcel 2, shall recover as frill compensation
for the taking of Parcel 2 as well as any and all other claims for compensation and/or damages
With respect to the particular parcel, specified -herein, the ainount of TWENTY-ONE
THOUSAND FIVE Ht1NDRED DOLLARS AND"NO CENTS ($21,500.00).
4. For its representation of Dan Xric-in. this matter, die law fim of Shutts & Bowen,
LLP shall take nothing as attorney's fees .Under '§73'.492(1), Florida Statutes.
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j 5. Pursuant to an Order of Taking entered by this Court on May 24, 2005, Petitioner
has already deposited into the Registry of tie Clerk: of Court tho amount of TWENTY-ONE
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j THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($21,500.00).
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6. Accordingly, Petitioner shall have no obligation to deposit additional funds into
the Registry of the Clerk of Court pursuant to this Stipulated Final Judgment, except for payment
of reasonable expert witless fees and costs= wider §73.091. Florida Statutes, and payment of
attorney's fees under §73.092(2), Florida Statutes, which amounts will be deteaxnined at a later
data by this Court.
7. Upon ci*y of this Stipulated Final Judgment, any and all olairns by Dan Inc for
compensation and damages of any naturewhatsoever, ;including any and all claims for attorney's
fees under §73.092(1), Plorida Statutes, but^excluding claims for reasonable export witness fees
and costs under §73.091, Florida Statutes, and claims for attorney's fees under §73.092(2),
Florida Statutes, shall be resolved with fespect:to they property specified ,herein.
S. The Court retains jurisdiction of this case and the parses to this cause in order to:
(a,) enforce the tenns of the Order of Taldng and this Stipulated Final Judgment; (b) award
reasonable expert witness :fees and costs under §73.091, Florida Statutes; and (c) award
attorney's fees under §73.092(2), Florida Statutes: ,
DONE AND ORDERED this day of 2005, at Ft.
Lauderdale, Broward County, Florida.
copies: all counsel and parties
on attached service list
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Circuit Judge
JUN-07-2Q05 TUE 02:31 PM
FAX NO,
JOINT MOTION FOR ENTRY
OF THE ABOVE 51a)P1UL&TED UNAL-JUDGMENT
Petitioner, CITY OF TAMARAC, and Resppndent, DAN NC PROFIT SHARING
TRUST, jointly move for entry of the above Stipulated Final Judgment.
Weiss Scrota Helfman Pastoriza
Quedes Cole & Boniske, P.A.
Counsel for Petitioner
3107 Stirling Road, Suite 300
Fort Lauderdale, FL 33312
Telephone: (954) 763-4242
Telecopier: (954) 764-7770
By:
Mitchell J. Bornstein
Fla. Bar No. 813249
Steven E. Taylor
Fla, Bar No. 147990
Shufts & Bowen, LLP
Counsel for Dan Inc
200 East Broward Boulevard
Suite 2000 /
-:.� .. Fo t Laurie 'ale, FL 33301
Teiepho : (954) 524.5505
Telac ter: (954) 524-55V
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%Allan, M. Rubin
Fla. Bar No. 138915
Suzann c M. Driscoll
Fla, Bar, No, 827797
P. 05
JUN-07-22005 TUE. 02:32 PM _ FAX N0.
P. 06
CURTO-CATS Or S8R ICE
I HEMY CERTIFY that a true and correct copy of the foregoing was furnished by U.S.
Mail this day of , 2005, to all parties on the service list attached hereto.
WEISS SEROTA I ELEMAN PASTORIZA
GUEDES COLE & BONrSKE, P.A.
Counsel for petitioner.
3107 Stirling Road, Suite 300
Fort Lauderdale, FL 33312
Telephone: (954) 763-4242
Telecopier: (954) 764-7770
Mitchell J. Bumstein
Fla. Bar No. 813249
Steven E. Taylor
Fla. Bar No. 147990
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