HomeMy WebLinkAboutCity of Tamarac Resolution R-78-103Introduced by:
Temp. # 1042
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-7P /d3
A RESOLUTION AUTHORIZING THE ASST. CITY ATTORNEY
TO EXECUTE A SETTLEMENT BETWEEN THE CITY OF
TAMARAC AND ROBERT J. BISHOP, TRUSTEE.
WHEREAS, the City of Tamarac has entered into negotiations to
settle litigation between Robert J. Bishop, Trustee and the City, and
WHEREAS, both parties ham agreed to certain conditions included
in the proposed stipulated settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the Asst. City Attorney is hereby authorized to
execute a stipulated settlement of the litigation between Robert J.
Bishop and the City of Tamarac, Case No. 72-11731 in the Circuit
Court of the 17th Judicial Circuit in and for Broward County, Florida,
copy of which settlement is attached hereto as Exhibit "A",
PASSED, ADOPTED AND APPROVED this day of 1978'i
ATTEST:
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
1,2, tjjjA 1*642w,6, -
CITY ATTORNEY
C/M I.M. DjtiP,,*,,EL Y
IN THE CIRCUIT COURT OF 'HE SE'. "ENT EE.dTH
JUDICIAL CIRCUIT OF FLCRIl' , 7.11 A;;C FOR
BR0:IARD COUNTY.
CASE No.: 72-11731
LEADERSHIP HOUSING SYSTEMS, INC.,
and S IMION ZUNAMON , as Trustee,
Plaintiffs, -
vs: STIPULATEON
THE CITY OF TAMARAC, a municipal
corporation,
Defendant.
" IT IS HEREBY STIPULATED by and between counsel for the Intervening
Plainiff/Appellee, ROBERT J. BISHOP, TRUSTEE, and counsel for the Defendant/Appellant,
THE CITY OF TAMARAC:
1. That THE CITY OF TAMARAC will forthwith, upon entry of the Court's
Order pursuant to this Stipulation, dismiss with prejudice its Appeal presently
pending as Case No. 78-294 before the Fourth District Court of Appeal of Florida.
2. That except as is specifically modified by this Stipulation, the
parties hereto shall fully comply with the Order of this Court dated January 9, 1978.
3. The real property affected by this Stipulation and the Court's
Order is set forth on Exhibit "A" attached hereto and incorporated herein by reference.
For purposes of convenience, the property will be described as Tracts 22, 26, 31(north
and south) and 38. As,.to any provision of this Stipulation which is not designated to
apply to a particular tract or tracts, said provisions of this Stipulation..shall be
applicable to all of the property which is the subject of this Stipulation.
4. Tract 22.
A) That Tract 22 will remain zoned B-3 or a zone no more restrictive
than B-3 and may be developed and maintained for any use permitted at the time of the
execution of this Stipulation by THE CITY OF TAMARAC under Ordinance No. 77-25;
provided however, that the only area of Tract 22 which will have as a permitted use, a
gasoline station, will be the parcel in the northeast corner of Tract 22, said parcel to
be in the approximate dimensions of two hundred feet (200') by two hundred feet (200'),
but in any event, not less than forty thousand (40,000) square feet. THE CITY OF
TAMARAC agrees that, subject to the provisions of this Stipulation, said site will be
approved by THE CITY OF TAMARAC as a gasoline service station site. Any further
use of the gas station classification within this tract shall be expressly prohibited.
June 10, 1973
B) 1. That in connection with the 200' x 200' gasoline service station
1
site in the northeast corner of Tract 22, THE CITY OF T;�tARAC specificaiiy agrees that
in connection with its approval of the site for a gasoline service station, that t,.io
(2) curb cuts will be permitted into the site from the frontage on Northwest c"8th +venue,
and in addition thereto, that one (1) curb cut will be permitted into the gasoline
service station site from the frontage on Southgate Boulevard. Further, with respect
to this gasoline service station site the parcel will be developed in accordance with
the engineering and developmental ordinances including Temporary 501 or as the same may
be adopted by THE CITY OF TAMARAC, in effect at the time of final site plan and plat
revieN by the Planning Commission of the CITY OF TAMARAC, but in no event shall THE
CITY OF TAMARAC require a plat to be approved or filed amonqst the Public Records of
Broward County, Florida, with respect to this qas service station site.
B) 2. As a condition to any site plan approval for said service station,
the developer shall be required to demonstrate that there is adequate public right-of-
way for drainage and sewer lines or shall provide an easement for surface water drainage
to the canal on the west boundary of Tract 22.
B) 3. As a further condition to any site plan approval for said gasoline
service station, the developer shall be required to have special landscaping subject
to the reasonable approval of the City Council.
C) It is specifically agreed by the parties hereto that there will be no
curb cut with respect to Tract 22 along Northwest 81st Street and therefore access to
Tract 22 shall be from Southgate Boulevard and/or 88th Avenue.
D) That in connection with the landscaping of Tract 22, there will be
a one hundred foot (100') wide landscaped park area buffer zone along the west boundary
of the said Tract 22. As a part of the landscape plan of this park area buffer zone,
there shall be a continuous six foot (6') high berm covered in acceptable grass or
ground cover, and the berm shall have a planted area along the top. The buffer will
be developed with a one (1) to four (4) slope on both sides, and there shall be one
(1) row of trees 30' on center maximum on each side of the berm, in a staggered pattern.
The westerly most twenty feet (201) of the said one hundred foot (100') buffer shall be
designated as a canal maintenance easement. The responsibility for the installation
and maintenance of this park area buffer zone shall be that of the owner of the
property abutting the buffer, and the ongoing responsibility for the maintenance of
the buffer zone shall be established and provided for by a maintenance covenant in the
form attached hereto and made a part hereof as Exhibit "B" which shall run with the land,
and be recorded amongst the Public Records of Broward County, Florida.
E) Further, with respect to the landscaping of Tract 22, there will be
a fifty foot (50') wide landscaped park area buffer zone along the south boundary of
the parcel. This park area buffer zone shall be landscaped to create a park -like
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June 16, 1-73
:atM.•os6here, but the orooerty owner ;vill not be required to install the type of ter-i
described as to the buffer zone along the 'aest boundary of Tract 22. This south
boundary buffer zone, like that along the ;vest boundary of Tract 22, shail be provided
and maintained by the owner of the property abutting the buffer zone and a maintenance
covenant in the form attached hereto and made a part hereof as Exhibit "B" which shall run
with the land and shall be recorded anionast the Public Records of Broward County, Florida.
F) The development of the landscaped buffer zone along•the south and ;pest
boundaries of the said Tract 22 will take place as the areas abutting the south and
west buffer zones of Tract 22 are developed by the owner of said abutting property.
G) It is agreed that the park area buffer zone describl in this paragraph
shalle rezoned to S-1, and that the application for rezoning shall be filed by ROBERT
J. BISHOP, TRUSTEE upon the final approval of this Stipulation by The Court, its execu-
tion by each of the parties and the issuance of an appropriate Order of the Court
adopting this Stipulation.
H) As to the parcel described in Subparagraph _(A) above and the one
hundred foot (100') wide and fifty foot (50') wide "buffer zones" described in Sub-
paragraphs (D) and (E) above, THE CITY OF TAMARAC shall not be limited by the provisions
of their Ordinances numbered 74-3 and 78-9 as they relate to landscape requirements.
The parties acknowledge that the City Council shall be responsible for the reasonable
approval of the landscape plans which shall include but not be limited to the provisions
provided for Subparagraphs (D) and (E) above, as they relate to the three land areas
aforedescribed.
I) As it relates to the "buffer zones" described in Subparagraphs (D)
and (E) above it is agreed between the parties that the requirements of Chapter 28,
Section 167 (Ordinance No. 77-25) and any other ordinances that might relate to and/or
require a "wall" separating a commercial use and an S-1 or residential use shall not
apply.
5. Tract 26.
A) That Tract 26 will remain zoned R-3 or a zone no more restrictive than
R-3 to be developed and maintained as to use and density in the manner permitted at
the time of execution of this Stipulation by Chapter 28, Article VII of the Code of
Ordinances of THE CITY OF TAMARAC, to wit: 11.77 units per acre. However in no event
shall the cumulative total amount of units permitted on this and all other tracts which
are the subject of this Stipulation exceed 528 residential dwelling units. (Subject
however to the provisions of Paragraph 8C.)
B. That as to Tract 26, except as to sidewalks which are required
of LEADERSHIP HOUSING, INC., by virtue of separate stipulation dated August 27, 1976 to
which ROBERT J. BISHOP, TRUSTEE, is not a party, the only sidewalks that shall be
required to be installed within Tract 26 shall be as follows:
3-
uune i0, '?iJ
{i) On both sides of N ortnwest 69th and ?Oth "venues ar,c an,,,
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other "residential col iector roads," (a road .-inich is provided for .he .�urccse of
acco=odating "through traffic" to surrounding main roads, such as 30th Avenue yrc Sist
Street).
(ii) Along the south side of 81st Street.
As to sidewalks along "residential collector roads," the recuirea width
of same shall be a maximum of four feet (4'). As to the sidewalks along the south
side of 81st Street the maximum required width shall be five feet (5''). Except for
the aforedescribed sidewalks, no other sidewalks shall be required within Tract 25.
C) That as to the said Tract 26 and based upon the development of
same with single-family detached housing the required dedication of land for park
purposes under THE CITY OF TAMARAC's Ordinance No. 72-31 and 76-56 shall be satisfied
in full by the land dedication, and money expended for the improvement of the park
area buffer zones along the westerly and southern boundaries of Tract 22 and the
payment of the sum of Thirty-five Thousand Five Hundred Dollars ($35,500.00) to THE
CITY OF TAMARAC. The sum of Thirty-five Thousand Five Hundred Dollars ($35,500.00)
shall be payable at the time of City Council approval of the proposed plat on a pro-
' rata acreage basis for that portion of Tract 26 before the City for developmental ap-
proval. This paragraph only applies if Tract 26 is developed as an R-1B development.
If Tract 26 is not so developed then the provisions of Ordinance 76-56 shall be
applicable and satisfied.
6. Tract 38.
That upon application of the property owner, Tract 38 will be re-oned
to R-3U or a zone no more restrictive than R-3U and may be developed and maintained
as to use and density as is permitted as of the date of execution of this Stipulation
by Chapter 28, Article VIII of the Code of Ordinances of THE CITY OF TAMARAC, to wit:
8.50 units per acre. However in no event shall the cumulative total amount of units
permitted on this and all other tracts which are the subject.of this stipulation exceed
528 residential dwelling units. (Subject however to the provisions of Paragraph 8C.)
7. Tract 31.
A) Upon the application of the property owner, the northern portion
of Tract 31, which is comprised of approximately ten (10) acres, will be rezoned R-3U
or a zone no more restrictive than R-3U by THE CITY OF TAMARAC, and the said portion
of Tract 31 may be developed and maintained for any use, and at the density permitted
as of the date of the execution of this Stipulation under Chapter 28, Article VIII
of the Code of Ordinances of THE CITY OF TAMARAC, to wit: 8.50 units per acre.
However in no event shall the cumulative total amount of units permitted on this and
all other tracts which are the subject of this stipulation exceed 528 residential
dwelling units. (Subject however to the provisions of Paragraph 8C)
_a_
-une
B) The sout!ern por'.icn of the said 'rdct 31 is ComDrlsed OT
approximately eleven (11) acres, and upon the application of the property owner, tvili
be rezoned to R-3 or a zone no more restrictive than R-3, and may be developed and
maintained for any use and at the density permitted as of the date of the execurtion
of this Stipulation by Chapter 23, Article VII of the Code of Ordinances of THE CITY
OF TAMARAC, to wit: 11.77 units per acre. However in no event shall the cumulative
total amount of units permitted on this and all other tracts which are the subject of
this stipulation exceed 528 residential dwelling units. (Subject however to the provisions
of Paragraph 8C).
C) The one (1) acre parcel in the southeast cornerof Tract 31 is
preserly zoned B-3, and it is specifically agreed that said parcel will remain so
zoned, and that a gasoline service station, as previously approved by City Council, may
be developed and maintained on that site. It is agreed that this parcel will not be
included in the rezoning of a portion of Tract 31 to R-3, and further, that THE CITY
OF TAMARAC will waive any requirement that the gasoline service station site be the
subject of a plat application, or that any plat for said gasoline service station site
be recorded amongst the Public Records of Broward County, Florida, and that said
• previously approved site plan will remain in effect for four (4) months from the date
of the signing of this agreement.
t
8. General Matters.
i
A) As to any development standards, including, but not limited to,
site plan approval and plat approval, except as specifically amended by this Stipulation,
same will be reviewed on the basis of and -shall be subject to THE CITY OF TAMARAC
Ordinances including Temporary 501 as same may be adopted, in effect at the time of
final site plan and final plat review by the Planning Commission of THE CITY OF
TAMARAC, whether said submission was before or after the date of this Stipulation.
B) Except as to Tract 26, it is specifically agreed that as to the
real property which is the subject of this Stipulation, the requirements of the Ordinances
of THE CITY OF TAMARAC, specifically including Ordinances numbered 72-31 and 76-56 relating
to the dedication and/or use requirements of property for public purposes and parks
and/or `recreation sites shall be applicable.
C) That the Land Use Plan prepared by or for THE CITY OF TAMARAC for
certification pursuant to the Broward County Land Use Plan will designate the afore-
mentioned tracts in a manner which is consistent with this Stipulation, the CITY OF
TAMARAC will not deviate therefrom, as to the designated uses and densities on the
real property which is the subject of this Stipulation in certifying its Plan. How-
ever, it is agreed by both parties that the maximum amount of residential units that
may be developed on the parcels contained in this agreement shall in no event exceed
528 residential dwelling units. In the event, however, at some future date the County
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June 16, i973
shall -by,arendment to its Plan and the City's Plan or other ruling permit .-ore t-ar
'`Five Hundred Twenty-eight (5231).units for the real property which is the subject of this
Stipulation then this agreement to limit the total nurt er of units to Five Hundreo
Twenty-eight (528d) shall no longer be applicable.
D) That as to canals which are within, or abut, any of the rea-;
property which is the subject of this Stipulation, there shall be no seawalls required.
However, abutting canal banks shall be developed and engineered in accordance with the
typical cross -sections which are attached hereto as Exhibit "C" and incorporated herein
by reference.
E) That except as otherwise specifically
provided in this Stipulation,
sidew4ks shall be provided in the manner required by the Ordinances of THE CITY OF
s
TAMARAC in effect at the date of the execution of this Stipulation, or at the option
of the property owner, the Sidewalk Ordinance in effect at the time of development.
Except for the sidewalks to be provided on both sides of 81st Street and both sides
of 77th Street, and the south side of Southgate Boulevard, all of which shall be five
feet (5') in width, any other sidewalk required to be installed within the property
which is the subject of this Stipulation, shall only be required to be four feet (4')
in width.
F) All fees in connection with rezoning, building and subdivision
improvement permits, development, administrative and processing fees, shall be paid by
the applicant as each parcel of property is submitted for development or rezoning, and
those fees paid shall be as required by THE CITY OF TAMARAC Ordinances in effect at
the time of the petition.
G) No curbing will be required in any median on any street adjacent to
any of the property which is the subject of this Stipulation, except at median openings.
At such median openings, THE CITY OF TAMARAC agrees that extruded curbing will be
acceptable, (constructed in accordance with City standards) unless the City Engineer
of THE CITY OF TAMARAC specifically requires otherwise.
H) As to cul-de-sacs which are developed in the subject property,
the paved and dedicated area'shall have an Eighty foot (80') diameter. The engineering
and development of said cul-de-sacs will be in accordance with the typical cul-de-sacs
sketch attached hereto as Exhibit "D" and incorporated herein by reference.
I) The subdivision improvement bond requirements of the Ordinances
of THE CITY OF TAMARAC shall govern and shall be complied with in connection with the
development of the property which is the subject of this Stipulation.
J) That as to Tracts 22, 26, 31 and 38, THE CITY OF TAMARAC will
permit not less than One (1) median cut along Northwest 88th Avenue for each of said
tracts.
K) Except as specifically provided in this Stipulation, all public
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roads, drainage facilities and puolic utilities shall be u'eveloced and ccnstructec
pursuant to the Code of Ordinances of ;;;c CITY OF Th'APAC, including temporary 501 as
same may be adopted,which may be in effect at the time of final site plan and final
plat review by the Planning Commission of THE CITY OF TAMARAC.
L) It is specifically agreed that as to the gasoline service
station sites in Tracts 22 and 31, percolation drainage (together with the facilities
which shall accommodate and include the items necessary for "future tap in")
shall be permitted, and no positive drainage will be required until the development
of the balance of said tracts 22 and/or 31, or the failure of the res-pective percolation
syste s to properly perform whichever shall first occur. It is agreed that upon the
devel pment of the balance of the respective Tract, the gasoline service station site
shall be connected to the positive flow drainage system. In order to assure the City
of compliance with the requirements of this subparagraph simultaneously with the
issuance of a permit for the commencement of development of the respective service
station sites a special site drainage bond for the bepefit of THE CITY OF TAMARAC
shall be posted. Said bond shall remain posted for a period sufficient to satisfy
compliance with the requirement of this subparagraph.
M) It is specifically agreed and understood that the provisions
of this Stipulation will modify the specific terms of the City Council's condition
placed upon the gasoline service station's site plan approval in Tract 31 as
incorporated in the Report of City Council Action dated August 4, 1977 so that the
requirements provided for therein that a plat be recorded amongst the Public Records
of Broward County, Florida prior to the issuance of a Certificate of Occupancy be
eliminated. Therefore, reflecting the intent of this Stipulaticn,that as to the
= subject parcel there is no plat required to be recorded amongst the Public Records
of Broward County, Florida at any time.
N) As to any of the matters to be carried out in connection with the
processing of site plans or plats, the Administrative Review Procedures of THE CITY
OF TAMARAC may proceed and be finalized simultaneously with the rezonings that are
to be accomplished in accordance with this Stipulation. This will include, but not
be limited to, the ability to obtain site plan and plat approval, except for final
plat and site plan approval by the City Council. Final plat and site plan approval
by the City Council may take place simultaneously with the rezoning, or at any time
thereafter.
0) As to those tracts or parcels which shall be required to be
platted, notwithstanding the terms of this Stipulation, the right to begin develop-
ment and/or construction of any or all of the subdivision improvements as to said
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V U11y
parcel or tract will be granted not:vithstanding the fact that final approval of the
plat of said parcel or tract has not yet been obtained from Broward County. However,
final inspection of these subdivision improvements shall not be reauired until the
plat for the tract or parcel involved has been recorded amongst the Public Records
of Broward County, Florida. The developer will proceed at his own risk with the
improvements and shall provide the City, prior to receiving a permit, a hold harmless
agreement.
P) As it relates to the items which are the subject matter of
Subparagraphs (0) and (P) above, it is acknowledged by the parties that same are not
intended to, nor shall they be carried out, in a manner that would ci•`rcumvent the law
and/o requirements of Broward County and/or the State of Florida.
Q) It is specifically agreed and understood that in connection
with the development of the real property which is the subject of this Stipulation,
there will be full compliance with the Ordinances of THE CITY OF TAMARAC relating
to signs and landscaping. Compliance with these Ordinances shall be in accordance
with the terms of the Ordinance'in effect at the time of development except as
specifically modified herein.
9. Based upon the information reflected upon Exhibit E attached hereto
and made a part hereof the parties agree that the canals contiguous to the property
which is the subject of this stipulation and as they relate to the contiguous
property line same have been excavated in an acceptable manner. In the event surveys
at a latter date reflect that the actual canal banks have not been excavated in
accordance with Exhibit E, then at the time of development, the developer of that portion
of abutting land shall be required to re -excavate in order to bring the canal bank align-
ment in conformance with that which is reflected upon Exhibit E. However, in no event
shall this require the refilling of any canal, even if the bank was previously overdug.
10. Prior to any final inspection all aquatic vegetation at the water
line will be removed by the developers or their successo.rs in interest providing a
neat clean water line. The determination as to whether the requirement of this
paragraph have been met will rest in the sole discretion of the City Engineer.
11. Except as otherwise specifically provided in this Stipulation,
development of the real property which is the subject of this Stipulation, shall be
in compliance with the Ordinances of THE CITY OF TAMARAC including Temporary 501 as
same may be adopted,in effect at the time of final site plan and final plat review
by the Planning Commission of THE CITY OF TAMARAC to the extent that these Ordinances
do not conflict with this Stipulation.
12. The parties agree to use their best efforts and good faith in
complying with this Stipulation, and further do stipulate that the Court shall enter
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jure :5, 1973
a,finaI' Order in•ccrporating the terms of this Stipulation, and do further stipulate
that the Court shall retain jurisdiction of the parties hereto, their successors in
interest, and the subject matter of this Stipulation, for purposes of enforcement of
its Order entered pursuant to this Stipulation.
DATED, This_ ? '7 day of
— � 1978.
fVUBEP,T J . ff"I S HOP, TRU/i
DATED, This / day of f��-
� 4-"�-F 1978
THE CIT OF TAMARAC, municipal co oration
BY: t
DATED, This ,� day of su.j ,�-7
1978.
GOLDBERG, YOUNG, GOLDBERG & BORKSON, P.A.
Attorneys for Plaintiff/Appellee
2881 East Commercial Boulevard
Fort Lauderdale, Florida 33308
Phone.(305) 771-85� ; ��
ip
By:
r�
DATED, This day of �_ , 1978.
CITY ATTORNEY - THE CITY OF TAMARAC
Attorney for Defendant/Appellant
5811 Northwest 88 Avenue
Tamarac, Florida 33321
Phone 305) 722-5900
By:
I
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DEC' RA T C'a OF CO �'E'IANTS
7 -1 5 3 4 6
This Declaration made this 14th day of July 1975,
by ROBERT d. BISHOP, as Trustee, hereinafter referred to as the "Cwner."
W I T N E S S E T H
WHEREAS, the Owner holds title to that certain real property (hereinafter
referred to as the "Subject Property"), which Subject Property is legally descrited
in Exhibit A attached hereto and made a part hereof; and
WHEREAS, the Owner and the City of Tamarac have entered into an Agreement
with respect to the Subject Property; and
WHEREAS, said Agreement requires the recordation of a maintenance covenant
witl respect to the Subject Property, and the Owner and the City of Tamarac have
agreed on the form thereof.
NMI, THEREFORE, the Owner does hereby declare that the covenants set forth
C—
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herein shall be and are hereby imposed upon the Subject Property and are deemed to bZ
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covenants running with the Subject Property, and further it is declared that the
terms of this Declaration are enforceable by the Owner, his successors or assigns,
and by the City of Tamarac: ..
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1. That the West one hundred feet (100') and the South fifty feet (50')
of the Subject Property shall be developed and maintained as a landscaped buffer
zone in accordance with the terms of a Stipulation between the Owner and the City
of Tamarac in Case #.72-11731 in the Circuit Court of Broward County, Flo,-ida,
pursuant to Court Order confirming same dated the 5 th day of July ,
1978. _
2. The landscaping of each portion of the said landscaped buffer zones
shall be completed in accordance with the aforemeptioned stipulation as each
segment of the Subject Property abutting the buffer zones is developed.
3. The responsibility for the development and landscaping of each portion
of the buffer zones, and the ongoing responsibility for the maintenance of each
f portion of the landscaped buffer zones shall be that of the property owner of
each portion of the Subject Property immediately abutting each of the landscaped
buffer zones.
4. The use of the landscaped buffer zones, i. e. the West one
hundred feet (100') and the South fifty feet (50') of the Subject
WILL CALL
DAMES M. NORMAN
RECO D & RETI—i TO:
Goldberg, Young, Goldberg & 3orkson, P.A.
2881 E. Commercial Boulevard
Fort Lauderdale, Florida 33303
GTTT T l�7%T.T.
WILL CALL
JAMES M. NORMAN
Ma
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1
RECORD & RETURN TO:
Goldberg, Young, Goldberg & Borkson, PA
28.1!1 E. Commercial Boulevard
WILL CALL
L I
Prc_,ert. shall be rest:icte-J, in per=etuit•:, to be used exclusively as
a la-dscaoed open space, and may not be used as a public par::. ::o_-
withstanding the foregoing, however, the Westerly twenty feet
of the West one hundred feet (100'4 of the Subject Property shall
be designated as a canal maintenance easement area, and the Cit-,• of
Tamarac will be granted an easement by separate instrument authorizing
it to enter upon this canal -maintenance easement area far all purposes
necessary to the maintenance of the canal abutting the Subject Property.
5. The provisions hereof shall be -specifically enforceable by
any* remedy available at law or in equity, specifically including but
not limited to mandatory injunction. In addition, the Owner, his
successors or assigns, and the City of Tamarac shall have the right
to seek and obtain injunctive relief to prevent the violation of the
covenants herein contained.
IN WITNESS WHEREOF, the Owner has caused this instrument to be
executed the day and year first above written.
Signed, sealed and delivered
in the presence of:
RCBERT JIK BISHOP as Trustee
The foregoing is hereby approved and accepted.
1
CITY OF TAMARAC, a municipal
corporation existing under the
1 aw "
BY:
ATT
1
(SEAL)
STATE CF FLORI a
COUNTY OF 3ROWARD
I HERESY CERTIFY
that on this day, before me, an offlc� er
authorized in the State aforesaid and in the cul:
County aforesaid to to;e
acknowledgments, personally appeared ROBEP.T J. BISHOP, as Trustee to
me known to be the person described
in and who executed the foregoi:ig instrument and he acknowledged before me that he e ecuted
the same.
WIT'NdESS my hand and official seal in the
i C n t,and=S2te;,
afoesaid this day of 4- '
OTA
My CO1�L�IISS I0. UBLIC :.,''-.,''� '•.:.. - ' ^�
r1 EXPIRES:
1
wretfy is!'„iC ST.AT- ^ 7-1
z. r.
STATE OF FLORIDA
COUNTY OF BROHARD
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the(t afor
State and Cou
d to take acknowledgments,
personally appeared ,�
and
me to be the v P` well known to
and
respectively of the�OFANTAT�Zl,
, amunicipal corporation existing
under the laws of the State of Florida, and that they severally
acknowledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested in them
by the City and that the seal affixed thereto is the true seal of th
e
City,
WITNESS my hand and official seal in the County and State last
aforesaid this % O day of
1978.
NOT "RY PUBLIC
MY C0�25JSION EXPIRES: Notary Public, S to or' Florida at Large
,My Commission Expires June 7, 1981, �o
Bonded by Mincey Agency�
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DESCF�II'1'IO�': TRACT 22
A portion of Sect on 5, Tmvnsliip 49 South, Ran`c 41 East, T3row'ard Cou%-,•,
Florida, being more particularly described as follows:
Imcncing at the NIE corner of slid Section 5; thence N 0°10'05" W, aicng
1.032
'ortherly extension of the East line of said Section 5, a distance of
feet; thence N 39033'35" IV parallel with and 236 feet South of and
measured at rightangles to the South Right-of-way line of the C-14 Canal,
a distance of 327 .75 Feet to the Point of 6eginning of this descriition; thence
continuing N 89033'35"W, a distance of 675. 31 feet; thence S 0 10'05" E,
a distance of 111S. 45 feet; thence S 49°-?4'09" W, a distance of 215.32 feet;
thence S S9033'35" E, a distance of SOS. 46 feet to the Point of Curve; thence
Northerly and Easterly- along the arc of a circular curve to the left, having
a radius of 25 feet, an arc distance of 31.72 feet to a Point of Compound
-Curve; thence Northerly along the arc of a circular curve to the left, havi
a radius or 947 feet, in arc distance of 246. 40 feet to the Point of Tangenc,,;
thence N 0°10'05" WV, a distance of 971. 35 feet to a Point of Curve; thence
Northerly and Westerly along the arc of a circular curve to the left, havi: ,
a radlus of 25 feet, an arc distance of 39. 00 feet to the Point of Beginning.
Containing 20.422 acres, more or less.
Said lands situate, lying and being in Broward County,' Florida.
Subject to a 20-foot Drainage Easement, the centerline of said Eascrnent
being more particularly described as follows:
Commencing at the Southwest corner of said Tract 22; thence S 89033'35" E,
along the South line of said Tract, a distance of 275 feet to the Point of
Beginning of this description; thence N 3800'37" W, a distance of 179. 44
feet to a Point of Terminus; said point being further described as being
215. 32 feet, on a bearing of N 49'44'09" E, froin the Southwest corner of
said Tract 22.
A ND
Subject to a 20-foot Utility, Drainage and Nlaintcnance Easement being
described as the East 20 Feet to the above -described tract.
AND ".
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Subject to a 20. 0 Drainage Easement over and across the South 20. 0 feet
of the North 360. 0 feet of the above -described Tract.
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