HomeMy WebLinkAboutCity of Tamarac Resolution R-86-4261
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Introduced by �/% Temp. Reso. #4405
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--86- Tv (o
A RESOLUTION APPROVING AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
SECOND AMENDMENT TO THE DEVELOPERS AGREEMENT
WITH MICHAEL A. SNIFF AND DONALD T. SUTTE, JR.,
FOR THE FOUNTAINS CORPORATE CENTER; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA
SECTION 1: That the Second Amendment to the
Developer's Agreement offered by Michael A. Shiff and Donald
T. Sutte, Jr. for the Fountains Corporate Center project is
HEREBY APPROVED.
SECTIQN2: That the appropriate City officials are
hereby authorized to execute said agreement on behalf of the
City.
$ECTION 3: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this oZ6 day of ,
1986.
Berner art
MAYOR
ATTEST:
CAROL E. BARBUTO
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this Resolution.
tt p 1 ga e
City A orney
MAYOR: HART
DIST. 1: C/W MASSARO
DIST. 2: V/M STELZER
DIST. 3: C/M GOTTESMAN
DIST. 4: C/M STEIN - - ,
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT
THIS AGREEMENT, entered into by and among MICHAEL A. SHIFF ("SHIFF"), an
individual, DONALD T. SUTTE, JR., TRUSTEE ("SUTTE"), an individual, and the
CITY OF TAMARAC ("TAMARAC"), a municipal corporation organized and existing
under the laws of the State of Florida,
W I T N E S S E T H:
WHEREAS, a Developer's Agreement was entered into among the above
parties pursuant to Resolution R-85-359 ("Agreement") pertaining to the
property described upon Exhibits A, B and C, attached hereto, and
WHEREAS, the Agreement was amended by an Amended Developer's Agreement
last executed -on March 12, 1986 ("Amended Agreement"), and
WHEREAS, Section 4(a) of the Agreement requires that the Area to be
Vacated, as described therein, would be included in the plat of the SHIFF and
SUTTE Properties, which plat would be recorded in the Public Records of
Broward County prior to the final site plan approval, and
WHEREAS, SHIFF and SUTTE have requested TAMARAC to amend the Agreement
and Amended Agreement to provide, in part, that the recordation of the plat
should not be a prerequisite condition to the approval of the final site plan
because the procedures with regard to the recording of the plat require an
extended period of time beyond the date of the approval of the plat linen by
TAMARAC, and
WHEREAS, TAMARAC has been advised that exactions for traffic
signalization are invalid and that provision therefor is made at the County
during the platting process,
NOW, THEREFORE, in consideration of the mutual covenants herein set
forth and the benef its which will f low among and benefit each of the parties
hereto, they do hereby agree as follows:
1. GENERAL AMENDMENT NO. 1: Notwithstanding anything to the contrary
contained in the Agreement or the Amended Agreement including, specifically,
Section 4(a) of the Agreement, the recordation of the plat in the Public
Records of Broward County, Florida shall not be required as a condition
precedent to final site plan approval.
2. GENERAL AMENDMENT NO. 2: Section 6 of the Agreement, as ratified by
the Amended Agreement, is hereby deleted in its entirety.
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Rev. li/17N6
Page 1
3. RATIFICATION: Except as amended hereby, the Agreement and Amended
Agreement are hereby ratified.
IN WITNESS WHEREOF, the u
executed this day of
WITNESSES % r
/
l' /
STATE OF
COUNTY OF BROWARD
rsigned has
these presents to be
986.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid, to take acknowledgments,
personally appeared MICHAEL A. SHIFF, to me known to be the person described
in and who executed the foregoing instrument, and he swore to and acknowledged
before me that he executed the same.
�J
WITNESS my �andof ialseal in the Coun� and State last aforesaid
this � day of1986. �/
NOTARY PUBLIC, STATE 0 FLORIDA
My Commission ExpiresV0`tr RV �D,,UC STATE OF FLOPADA
t MY col'mI55:ON 4AY 115 ]iF 7
BC1 *EL) jtin.0 GEK�RkL I'45'J4AI &
IN WITNESS WHEREOF, the undersigned has caused these presents to be
executed this G. day of
WITNESSES:.
DONALD T. SUTTE, JR.
3
4
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid, to take acknowledgments,
personally appeared DONALD T. STTTE, JR., to me known to be the person
described in and who executed the foregoing instrument, and he swore to and
acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid
this day of 1986.
NOTARY PUBLIC STATE Of FLORIDA
Kv COMMISSION EXP. OCT. 9,1"9 NOT LIC STATE OF FLORID
EONDED THRU GENERAL 1N5. UND. My �mmission Expires:
IN WITNESS WHEREOF the undersigned has caused these presents to be
executed this day of 1986.
at
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Rev. 11/17/86
Page 2
Second Amendment to Developer's Agreement
SKETCH AND LEGAL DESCRIPTION FOR
MICHAEL A. SNIFF AND ASSOC. , INC.
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A: 5 1 ° 16' 13'
R: 25.00'--1
A: 22.37'
S. LINE SEC. 11
5.890 02{05'E.
1006.918
N.44° 54739';
SHEET 2 OF 2
DANIEL CARNAHAN CONSULTING ENGINEERS, INC.
CONSULTING ENGINEERS LAND SURVEYORS
LAND DEVELOPMENT CONSULTANTS
N
`N
6191 W.ATLANTIC BLVD. MARGATE. FL. 33063
305 - 972 -3959
L B I CHECKED J L
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ATTEST:
CITY CLERK
CITY ATTORNEY APPROVAL:
form.
STATE OF FLORIDA
COUNTY OF BROWARD
CITY OF T4MAI2AC
d--By:_ �';MAYOR
The City Attorney has approved this document as to
Before me personally
y pp Bernard Hart, Mayor, to me well known
and known to mertonbethe person described in and who executed the
foregoing instrument, and acknowledged to and before me that he
executed said instrument for the purposes therein expressed.
Witness my hand and official seal, this 26th day of November, 1986.
My commission expires:
•
Notary Public
State of Florida at Large
r IC STUE OF FLORIDA
r' ?A�I3SL t E}'p $fp1 17,1990
GEhE RAI IR5. UAD.
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Rev. 11/17/86
Page 3
4 PAGE 31 ,
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LOCATION MAP
SECTION +1-49-41 NT.S-
)ESCRIPTION
P0RT10ti OF TRACT 13, "FORT LAUDE RDALE TRUCK FARMS SUBC I V I S I O!" ", LY 1 ".C' 1 �,
_CTI 0 101, TOWNSf,IP 4,3 SOUTH, RANGE 41 LAST, AS RECORDED IN PLAT LOOK 4,
'AGL 31 OF THE PULL I C RECORDS OF LROVARD COU-NTY, FLORIDA, EL I NG F'.ORE
)ARTICULARLY DESCRI LD AS FOLLD"S:
'1�,M, 1;�, AT INC SOUTHwLST (,,tl.) CORNER OF SAI; SCOT loin 11, THL:;CC
"GO'lO"N., ALDtrr THI �:LST LISLE OF SAID SECTION
11, A DIS1At;CE OF 53.01
LET, TEiLtrCL S. C9'O-' "L . , A DI STANCE OF GC�F., 5ft FEET TO THE P�1: -.1,f
,F . 1• THENCE N.00.57'S5"C., A DISTANCE OF 300.00 .FELT TO A POINT LYING C'
THE SOUTH LINL OF A 106 F001 ROAD RIGHT-OF-WAY, KNOWIN AS N.W. 57TH STP.EET, (T.
CS ELI14G COINCIDENT WITH THC SDUTH LINE OF SA Iu 105 FOOT
r4XT THREE (�) COURSES
TIGHT-OF-oo'AY); IHENC1 S.'-02'05'"E., A DISTANCE OF 50.00 FEET TO T►,� POIfJT (►r
':URVAIURE OF 'A CIRCULAR CUPVL TO THE RIGHT, THENH SOUTHLASTERLY, ALO,NG TiIE
JF SAID CURVE, HAVING A RADIUS OF 300.00 FEET, ANr, A CENTRAL ANGLE OF
.4.47'D3", FOR A,; ARC DISTANCE OF 443.93 FEET TO THE POItIT OF COMIf'DUi�; C'J�vA-
f URL OF A CIRCULAR CURVE TO THE RIGHT, THENCE SOUTHEASTEPLY, SOUTHERLY A',fC
i0P,iHWLSTLRLY ALONG THE ARC OF SAID CURVE, HAVII16 A RADIUS OF 25.1r;'0 FEET AN':`
:E";T f .AL ANGLE OF 95012' 57 % FOR AN ARE DISTANCE OF 41.55 FEET TO THE P. I ITT 0;
ASiGLNCY, SAID POINT ALSO, LYING ON THE NORTH LINE OF A 1 O►, FOOT ROAD R1 GHT - 7
:AY, KNOWN AS C0�,",ERC1AL Lf)L'LEVARD, THCIICE ";.39•�72'O5"W, ALONG SAID P.IGHT-nr
:AYLl';L, A DISTANCE OF 302.) .•;'. FEET TO THE N110_.L'f. ° • 115•
')AID LANDS SITUATE, LYINC A%b LLING It! THE CITY OF TAFARAC, BRO ,ARD COUNTY,
:LOPIDA AND CONTAINING I.SC4 ACRES, MORE CR LESS.
]EDICATION
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..TATE OF KNOW ALL FIB ERY THESE PRESENTS TIIAT CROP.
:OUNTY OF REALTY C' MRAT I ON, A PENNSYLVA► I A CORK,`
AIAr
/Q OWNER OF I HE LAt1DS DCSCM CED AND SHnWN
,U� CAUSED SAID LANDS TO El SUBDIVIDED AND PL +TTEu AS SHOWN HEREOSS, SAID
)JE KNOWN AS "BROADW'AY REALTY CORPORAT I OT? (A RLPLAI) .
.., .-A0.. II ••A14 wrw r A,r ArrF�,�, FA�FmFN1 AND ROADWAY EASEVOW
C�
File No. 14046 1 7
/✓ 6y .ST.ry 57'
C
A! �; In4TZDy .S, &-.z
DESCRIPTION: (N..TS.�
A portion of Tract 13, of FORT LAUDERDALE TRUCK FAk:-*S SUB-
DIVISION of Section•. 11, Township 49 South, P,ange 41 East,
as recorded in Plat Book 4, Page 31, of the Public Pecords
of Broward County, Florida, being more particularly.
described as follows:
C=MENCE at the Southwest corner of said Section 11, THENCE
'South 89002105" East, along the South line thereof, 1321.66
feet to a point; THENCE North 00004159/1 West, 53.01 feet to
the POIN� OF BEGINNING of this description; THENCE continue
INorth 00 04'59': West along the last described line,,278
(feet to a point; THENCE North 89002405" West, 303.97 feet
to a point located on the arc of a circular curve to -the
right; THENCE Southeasterly, along the arc of said curve
having a radius of 406 feet, an arc distance of 282.59 feet
to a POINT OF COMPOUND CURVE; THENCE Southeasterly along the
.arc of a circular curve to the left, having a radius of 25
feet, an arc distance of 37.82 feet to the POINT OF TANGENCY
of said curve; THENCE South 89002105" East, 174.7Z feet.to
the POINT OF BEGINNING. Containing 1.470 acres, more or
less.
LESS
A portion of Tract 13, of FORT LAUDERDAL.E TRUCK FARMS SUB-
DIVISION of Section 11, Township 49 South, Range 41 East,
Ias recorded in Plat Book 4, Page 31, of the Public Records
;°> Broward County, Florida, being bounded as follows;
'ON THE SOUTH by a line 53.0 feet North of and narallel with
,the South line of said Section 11:
I`ON THE EAST by the West line of Parcel 2 as described in
lfficial Records Book 5926, Page 135, of the Public Records
'of Broward County, Florida:
a7N THE NORTH by a line 60.0 feet North of and parallel with
;the South line of said Section 11:
pN THE WEST by the Easterly right -of -way -line of Northwest
_57th Street as described in Official Records Book 3918,
age 856, of the Public Records of Broward County, Florida.
7
COf"rAINING 0.030
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acres, more or less. '
FLWftQ.14 111[ WliCM KWM
40 Mwev amtm, RA104
F. T. JOHN3011,
THIS SURVEY CT,.t'3RMS TO THE WMWUM
TECHrI-rAL STA%rA9LjS i-)Q tANa SLi:+[r$
AUTH FLORIDA N.P..
• of survey of the above described
My Knowledge and Delitf as
'y� . s,-f
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THI ET -CH IS NOT VALI_1 UN rS r
t i am � rueman •. •-� ' �
REGISTERED LAND SURVEYOR NC►f ,3356
STATE OF FLORIDA
' CK D N T The CRAVEN T►+OhA I" IS ASSOCIATES, -NC rr,3ke no
rarex -I—s ar as to me MI'MM tan teftected ►weon DetO'nna to
•^CW-t,'s.r is of- '�arp Ir1eS,•eSCrO'•Or`S,dgreen'!'h 7r`0 71t'er sord-0
tT -rttCS G^a 'ur-e-, '^ S -ns'rumen' IS "Of intended 10 refIRCf Of se' 'Or'* 111 Such
r*.d•'ers SuCt' ,^rorr-+cl,on VLOwd Ce Ootomid 0nd ConfrrreC Dr 9th4irs Irvov h
ov,fcv, 0'e ' 'Ie verb' C 7'�; n
NOTE L Y 11 S►+7.n "ereyn .ere not aDSI.,..ed '01 "1" ,'If - "OT 1`1 / 0►
e0r�r� a !s of re.. r,I
CHECKED By r_ F 9 : 174 P, j 1_ A; FILE NO � t
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A PORT::ON OF A 106.00 FOOT RIGHT-OF-WAY (KNOWN AS Id.1". 57th Si • LYING T�,
SECTION 11, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED I:,; OFFICIAL
RECORDS BOOK 3918, PAGE 856, OF THE PUBLIC RECORDS OF L'RO►'.*.;RD COUi:T:',
FLORIDA BITING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST (SW) CORNER OF SAID SECTION 11; TH :+C�
a. 9 - 05"E. , ALONG THE SOUTH LINE OF SAID SECTION 11, A DISTANCE' OF
1006.91 FEET; THENCE N.00057'55"E., A DISTANCE OF 60.00 FEET TO THE POINT
OF BEGINNING; THENCE S.89002'05"E., ALONG A LINE 60.00 FEET NORTH OF DFS
EASUffDE AT RIGHT ANGLE TO) AND PARALLEL WITH THE SOUTH LINE Or SAID
SECTION 11, A DISTANCE OF 121.71 FEET TO A POINT LYING ON THE ARC or
CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS BEARS N.44054`39"E.;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVI2.G A RADIUS Or
70
25.00 FEET AND A CENTRAL ANGLE OF 42043'45", A DISTANCE OF 18.64 FEET'
THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THM':CE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 406.00 FL:
AND A CENTRAL ANGLE OF 39052'48", A DISTANCE OF 282.59 FEET; THENCE
S.47045136"14., ALONG A LINE RADIAL TO THE LAST AND NEXT DESCRIBED CUn%'ZS,
A DISTANCE OF 106.00 FEET TO A POINT LYING ON THE ARC OF A CIPCULAR CURVE
TO THE RIGHT; THENCE SOUTHEASTERLY ALONG THE ARC Or SAID CUP.VF`iiA:'ING F,
RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 3707,9'22". A DISTANCE 0".
198.91 FEET TO THE POINT OF C014POUND CURVATURE OF A CIRCULAR 'C::RVZ TO ^'r
RIGHT; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, PAVING
+G
A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 51016' la" , A DISrInA!SCE CIF .
22.37 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN BROWARD COU\T'i , FLORID.> %ND
CONTAINING 0.633 ACRES, MORE OR LESS.
BEARINGS SHOWN ARIr BASED ON THE PLAT OF "THE FOUN'TAI NS " (° . F . TW3 , Sc- ''
(Otherwise identified as being the southern terminus of the
"S-Curve" of NW 57th Street at Commercial Blvd.)
0