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Home My WebLink AboutCity of Tamarac Resolution R-2005-104J Temp Reso # 10730 Page 1 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 Page 2 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. 1 U:\Legislation\Draft Legislation Received\June 8\10730 - RES - Dan Inc Stipulated Final Judgment (2) revised 6 7 05_1.doc 1 1 1 Temp Reso # 10730 Page 3 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 05_1.doc JUN-07-2005 TUE 02:31 PM I 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, i 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. i 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 r j THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($21,500.00). I 2 JUN-07-2005 TUE 02: 31 PM FAX N0, 04 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 3 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 4 %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 5