Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-86-432Introduced by: Temp. Temp. Reso. #4406 1 2 3 4 I C. 7 8 9 10 11 12 13 14 15 16 �S 19 20 21 22 23 24 25 `.6 27 28 29 .. 4. 32 33 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86- 5� A RESOLUTION OF THE CITY OF TAMARAC APPROVING AN AMENDED STIPULATED SETTLEMENT AGREEMENT IN THE EMINENT DOMAIN MATTER OF THE CITY OF TAMARAC vs. RICHARD C. JONES, TRUSTEE; ANDF WHEREAS, the parties to this lawsuit entered into a Stipulated Settlement Agreement on the 8th day of May, 1985; and WHEREAS, on the 7..1rd day of July, 1986 a Resolution of the City Council of the City of Tamarac requested that the settlement agreement be renegotiated and amended; and WHEREAS, the parties have negotiated a revised and amended stipulation (a copy of which is attached hereto and made a part hereof); and WHEREAS, it would be in the best interest of the City of Tamarac to enter into the Amended Stipulated Settlement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: S.E_QT_O ___1: That the Amended Stipulated Settlement Agreement is hereby approved and the Consulting City Attor- ney, Alan Francis Ruff is hereby authorized to execute the Agreement on behalf of the City of Tamarac. SECTION_ 2: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this 26th day ofNovember, 1986. ATTEST: CAROLBARBUTO ASSJaTANT I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. A. �JYANt'4PP GATE TY ATTORNEY 2048112586/t • MAYOR: HART DIST. 1: C/w MASSARO DIST. 2: V/M STELZER a DIST. 3: C/M GOTTESMAN DIST, 4: C/M STEIN CITY OF TAMARAC, a Muncipal corporation of the State of Florida, 40 Petitioner, VAP RICHARD C. JONES, et al., Defendants. IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Case No.: 83-13334 DF AMENDED STIPULATED SETTLEMENT AGREEMENT AND ORDER Petitioner, CITY OF TAMARAC, a Municipal corporation of the State of Florida, and Defendant, RICHARD C. JONES, Trustee, hereby stipulate and agree as follows: 1. That on May 8, 1985, Petitioner and Defendant executed a Stipulated Settlement Agreement in the above -styled cause, said Stipulated Settlement Agreement having been approved and incorporated in this Court's Order of May 30, 1985, and except as otherwise specifically provided herein the parties hereby ratify and affirm the Stipulated Settlement Agreement nunc pro tune as of May 8th, 1985. 2. Pursuant to the terms of the Stipulated Settlement Agreement and Order, the Defendant agreed to sell and the CITY OF TAMARAC agreed to purchase a forty-five acre parcel of land located in the South Half of Land Section 7 at a purchase price of Twenty Thousand Nine Hundred Thirty -Seven and 50/100 Dollars ($20,937.50) per acre, said parcel being contemplated to be used by the City for a comprehensive municipal facility. 3. Pursuant to the terms of a September 27, 1985, Escrow Letter, Alan F. Ruf, Esquire, Escrow Agent, is presently holding the Special Warranty Deeds to the City for' the forty-five acre parcel, together with related documents, and has deposited in Escrow Agent's Trust Account the sum of Eight Hundred Twenty -Seven Thousand Two Hundred Forty -Six and 50/100'Dollars ($827,246.50), said amount representing the balance of the purchase price for the forty-five acre parcel. 4. Subsequent to the delivery of the Special Warranty Deeds and purchase monies to the Escrow Agent, but prior to the disbursement in accordance with the terms of the Escrow Letter, the CITY OF TAMARAC has re-evaluated its needs for the forty-five acre parcel based upon a substantial change in circumstances and plans for municipal utility functions to be performed by the City, and on July 23, 1986, the City. Council adopted a resolution directing that the Stipulated Settlement Agreement be modified in the best interests of the CITY OF TAMARAC. 5. Subsequent to the City Council action on July 23, 1986, the parties have entered into negotiations for modification to the existing Stipulated Settlement Agreement, and have agreed to delete the existing paragraph 10 (A-J) and substitute therefore a new paragraph 10, which shall read as follows: 10. The parties have continued their settlement negotiations in an effort to accommodate the needs of the CITY OF TAMARAC and to insure the orderly development of the remainder of the Jones Property in conformity with the City's needs, and the parties have agreed as follows: A. The Defendant will convey to the CITY OF TAMARAC at no cost a seventeen and one-half (17�) acre parcel of land situated in the South Half of Land Section 7 as shown on the sketch attached hereto as Exhibit "A" ("Property"). The City shall receive good marketable and/or insurable fee simple title. The deed of conveyance shall include language providing that should the City determine in the future that any portion of the Property is no longer needed for municipal purposes and offers the Property for sale, or obtains a bona fide offer to purchase, then and in that event, the City shall be required to so advise Defendant in writing, and the Defendant shall have a sixty (60) day first right of refusal to purchase the Property or any portion thereof at the lesser of, the per acre price of any such offer to purchase or the purchase price of Twenty Thousand -2- Nine Hundred Thirty -Seven and 50/100 Dollars ($20,937.50) per acre, which per acre price of Twenty Thousand Nine Hundred Thirty -Seven and 50/100 Dollars ($20,937.50) shall be increased in the same proportion as any increase in the "Revised Consumer Price Index for Urban Wage Earners and Clerical Workers - U.S. City Average - All Items" (1967 = 100), prepared by the Bureau of Labor Statistics of the U.S. Department of Labor. The base month for consideration of any escalation in said Consumer Price Index shall be the date that the Property is conveyed by Defendant to the City. The parties acknowledge that the price for Defendant to exercise its first right of refusal to 'purchase the Property or any portion thereof, was the agreed upon price, reflecting a negotiated value, for which the City previously was to purchase said Property. The parties also agree that the deed conveying the Property from the Defendant to the City shall contain a covenant running with the land which shall preclude the use of the Property for a wastewater treatment facility without the written consent of the City and the Defendant, or its successors and assigns. The closing shall take place on or before December 31, 1986, unless the same is extended by a written agreement of the parties. Defendant shall provide to Escrow Agent fifteen (15) days prior to Closing a Special Warranty Deed including the language provided for herein, together with a legal description of the Property to be conveyed, which Special Warranty Deed shall be substituted for the Special Warranty Deeds relating to the forty-five (45) acre parcel presently held by Escrow Agent. At the option of the City, the Defendant shall provide an abstract of title of the Property for review by the Escrow Agent. Real estate taxes shall be prorated to the date" of Closing, and it shall be the responsibility of Defendant to pay for and affix revenue tax stamps on any document of conveyance, to the extent required by law. B. The parties recognize that the parcel of -3- land which was the subject of the Order of Taking in this cause lies, in substantial part, South of the Seventeen and one-half (17�) acre parcel to be conveyed to the City, said parcel being legally described in Exhibit "B" attached hereto. Pursuant to the Order of Taking entered by this Court on October 26, 1983, the City was entitled to utilize the parcel for the disposal* of sludge for a thirty-six (36) month period terminating on July 12, 1986, and was required to compensate the Defendant in the sum of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) for utilization of said parcel during said thirty-six (36) month period. Subsequent to July 12, 1986, the City has continued to have the right to dispose of sludge on the parcel, and the parties agree that the City shall retain that right of disposal until December 31, 1987, but the City agrees to terminate the disposal at an earlier date in the event the City is connected to an alternative disposal system. In consideration of the right to dispose of sludge on the parcel from July 13, 1986 until the expiration of such right on December 31, 1987, the City shall pay to Defendant the amount of Fifty -Two Thousand Three Hundred* Forty -Five and 00/100 Dollars ($52,345.00). The parties agree that the payment of the Fifty -Two Thousand Three Hundred Forty -Five and 00/100 Dollars ($52,345.00) shall be made at the time of Closing by the Escrow Agent out of the Escrow Agent's Trust Account sum of Eight Hundred Twenty -Seven Thousand Two Hundred Forty -Six and 50/100 Dollars ($827,246.50), together with interest thereon, and that the balance of said Trust Account shall be refunded to the City at Closing. C. On or before December 31, 1987, the City shall remove all sludge deposited on the property identified in Exhibit "B" attached hereto, relocate the sludge to a proper disposal site, and restore the property identified in Exhibit "B" to the elevation existing prior to the deposit of the sludge. The City's obligation to remove all sludge and restore the property to the pre-existing elevation shall be at the sole cost and expense QC of the City, and shall be in full compliance with all applicable governmental regulations for the removal of the sludge, and closure of the sludge disposal site pursuant to all applicable governmental requirements and regulations, and the City agrees to indemnify and hold Defendant, its grantees, successors and assigns, harmless from any and all costs, expenses, fees, charges, attorneys' fees, judgments, decrees, liability or causes of action arising out of the deposit, removal and disposal of the sludge on or from the parcel. The City acknowledges that, notwithstanding the fact that it has the right to continue to dispose of sludge on the parcel until December 31, 1987, the City's obligation of removing all sludge deposited thereon and relocating it shall likewise be completed on or before December 31, 1987. Accordingly, City agrees that it shall file applications for all necessary permits for the removal, relocation, and closure of the sludge parcel, and shall have obtained all such permits on or before June 30, 1987. Failure to comply with the time requirements herein shall terminate the City's right to continue disposing of sludge on or at the parcel and shall entitle the Defendant, at its option, to initiate or complete the permitting process on behalf of the City, and to provide for the removal and relocation of said sludge at the City's sole expense, payable upon demand, in order to assure that the parcel is in an acceptable condition for the commencement of construction thereon, on or before December 31, 1987. D. In order to ensure that the future development of the City's seventeen and one-half (17�) acre parcel is compatible with the surrounding land uses, the City agrees to submit the proposed development of its parcel to the City's site plan review, plat review and development review process. The City further agrees that the site plan for the parcel shall provide for extensive berming and landscape buffering in conformance with the City's Landscape ordinance, and the City shall be required -5- to coordinate the construction of said improvements in order that the improvements are in place prior to the request for issuance of a Certificate of Occupancy for any development within the Jones Property. E. The CITY OF TAMARAC shall continue to use its best efforts to process and cause approval of a Land Use* Plan Amendment for Land Section 7 pursuant to the provisions of Chapter 163, Florida Statutes. The parties acknowledge that said Plan has been recommended for approval by the Broward County Planning Council, and is scheduled to be heard by the Broward County Board of County Commissioners in December, 1986, said Plan being attached hereto and made a part hereof as Exhibit 01CIV . F. In order to accommodate the future traffic needs of the properties situated within the South Half of Land Section 7, the City recognizes the necessity of providing four -lane divided access from both Commercial Boulevard and Nob Hill road, and that the right-of-way requirements for said access shall provide for 106 foot right-of-way, together with expanded* intersections. Access from Commercial Boulevard shall be provided by the extension of Hiatus Road to the North and access from Nob Hill Road to Hiatus Road shall be provided by the construction of a boulevard, as depicted on the attached Exhibit "D". The Nob Hill Road right-of-way in the South Half of Land Section 7, as provided for in the Broward County Tra,fficways Plan, and as depicted on the attached Exhibit "E", will be provided by deed of conveyance to the City at the time of Closing, at no cost to the City. The City agrees that development of the South Half of Land Section 7 does not require that Hiatus Road extend across the 120 foot drainage canal to be dedicated by Defendant into the North Half of Land Section 7, and consequently, any* design and construction costs of said extension of Hiatus Road shall be at no cost to Defendant. The parties agree that the future development a of the South Half of Land Section 7 is dependent upon the timely design and construction of Nob Hill Road from approximately 650 feet south of McNab Road down to Commercial Boulevard. Defendant has agreed to immediately initiate the preparation of the design of Nob Hill Road to provide for a four lane divided roadway, incorporating in said design the coordination of all necessary utilities, including drainage, water and wastewater facilities. The parties agree to cooperate to the fullest extent possible to provide for the coordinated and timely construction of Nob Hill Road. City further agrees to use its best efforts to enter into an agreement with Broward County to credit Defendant for all costs for the design of Nob Hill Road, said credit to be applied against Defendant's road impact fee obligations to be assessed by any or all governmental entities with jurisdiction over Defendant's parcel. In the event, such agreement with Broward County cannot be achieved, City nonetheless agrees to grant a credit to Defendant in the entire amount of the costs for design of Nob Hill Road against any or all impact fees assessed by the City as a separate governmental entity. G. The City acknowledges that pursuant to its adopted Capital Improvement Plan, Tamarac Utilities West, Project No. 85-6 - Northwest Transmission Facilities, the City proposes to construct a force main system in and from Land Section 7 to the Tamarac Utilities West wastewater treatment facility in order to provide service'to Land Section 7. The CITY OF TAMARAC has budgeted for the construction of the force main in and from Land Section 7 to the existing wastewater treatment facility, as depicted on Exhibit "F" attached hereto and made a part hereof, and the City shall complete said construction on or before December 31, 1987, and Defendant shall have the right to tie-in and to be provided service upon completion. In the event the defendant desires to construct the force main in advance of its scheduled construction by the City, the Defendant shall have the option to front-end any deficiency between the total amount budgeted -7- by the City and the cost of construction of said force main, and to construct said force main in accordance with the specifications of the City. In such event, the City shall advance the budgeted amount during the construction of the force main improvement and provide for the reimbursement to defendant of all deficiency monies front -ended by Defendant within one year of the completion of said construction. Pursuant to applicable City Ordinances, the City shall guarantee that the Jones Property in the South Half of Land Section 7 shall be permitted to tie-in to the City's nearest wastewater facilities, and the City shall formally document in writing pursuant to appropriate action that adequate capacity, as requested by Defendant, has been reserved and made available to service the Jones Property, said documentation to be acted upon and provided to Defendant within ninety (90) days of Defendant's request. The City acknowledges that the City proposes to construct a twelve inch (12") water main within the Nob Hill Road right-of-way from McNab Road south to Commercial Boulevard and then in an easterly direction to Northwest 94th Avenue, a-0 depicted on Exhibit "G" attached hereto. The City shall budget the necessary amount to install the twelve inch (1211) water main from McNab Road to the northern property line of Defendant's property (immediately south of the seventeen and one-half (17�) acre parcel), and the City shall commence and complete construction of the twelve inch (1211) water main on or before December 31, 1987, and Defendant shall have the right to tie-in and to be provided service upon completion. Defendant agrees to pay for and construct the extension of said water main within the Nob Hill Road corridor in a southerly direction to Commercial Boulevard and easterly along Commerical Boulevard to 94th Avenue. The City agrees that Defendant shall be entitled to recapture from the property owners* on the eastern side of Nob Hill Road, and the northern side of Commercial Boulevard (Section 8), the proportionate cost to Defendant, together with interest, of the installation of said twelve inch (1211) water main adjacent to their property, and the City agrees to enact by ordinance a recapture assessment which shall assess the property owners their hydraulic share upon connection to the water system, which shall be refunded . within thirty (30) days of receipt by the City to Defendant, its successors or assigns. In the event the City is not able to budget for and complete construction of the twelve inch (12") water main down to the northern boundary of Defendant's property on or before December 31, 1987, the Defendant shall have the option to front-end any deficiency between the total amount budgeted by the City and the cost of the construction of said portion of the water main, and to construct said water main in accordance with the specifications of the City. In such event, the City shall be obligated to budget the entire amount in Fiscal Year 1987/1988, and reimburse Defendant in Fiscal Year 1987/1988. In the event that the parties' consulting engineers mutually agree prior to construction that the size of the water main to be installed should be modified, the parties acknowledge that said modifications shall be incorporated in the plans and installed in accordance with the provisions set out hereinabove. H. In order to accommodate the future drainage needs of the South Half of Land Section 7, the parties acknowledge that it will be necessary to provide for an East-West drainage canal, immediately south of the East-West Quarter Section line. The drainage canal and maintenance right-of-way shall be one hundred and twenty (1201) feet in width, and it shall be the responsibility of Defendant to dedicate said right-of-way and construct the drainage canal in accordance with the specifications in effect on May 30, 1985. Any and all materials removed from the drainage canal right-of-way shall be the sole property of Defendant. Notwithstanding the foregoing, in the event that the City desires to utilize materials from the drainage canal right-of-way as fill for the Property prior to construction of cm the drainage canal by Defendant, the City shall be entitled to remove material for such purposes from an area of the canal right-of-way not to exceed the easterlymost 650 feet, and the City shall construct at its sole expense the drainage canal in accordance with the design specifications for that portion of the canal within the excavated area of the canal right-of-way.• The City agrees that any future development plans for the North Half of Land Section 7 shall not provide for any tie-in or utilization of the East-West drainage canal, unless any such property owners agree to reimburse Defendant pursuant to a recapture ordinance enacted by City to reimburse Defendant for one-half (h) the costs of such canal right-of-way and canal improvements. The most easterly fifty (50) feet of the one hundred twenty (120) foot right-of-way, as depicted on the attached Exhibit "H" shall be an easement for drainage and utility purposes, and shall be conveyed by separate instrument to the City at Closing. I. The City agrees to continue to diligently prosecute the Land Use Plan Amendment for the South Half of Land Section 7, consistent with the provisions of the Stipulated. Settlement Agreement and as set out herein, and shall initiate and diligently prosecute the rezoning of the properties in conformity with the recertified Land Use Plan upon written request of Defendant. J. In order to plan and provide for the orderly development of the South Half of Land Section 7, and to assure that the necessary services and facilities are available to provide for the future development thereof, the City acknowledges that it is in its best interest to assist the property owners in the development permitting process, and, further, in the event that it is determined by the property owners in the South Half of Land Section 7 that the infrastructure improvements should be� provided for through the creation of a special assessment district, bond financing, or master development agreement, the City agrees to use its best efforts to assist in the implementation thereof. -10- The parties acknowledge that a referendum is required under the Tamarac City Charter for bond financing. 6. The City acknowledges that in order to assure complete and timely compliance with the terms and conditions of the provisions set out herein, it is necessary that the City Council • enact certain ordinances, appropriate certain funds and direct City Staff to proceed with the implementation of the terms and conditions hereof. Accordingly, the City agrees to promptly proceed with and take any and all steps necessary to assure complete and timely compliance with the terms and conditions hereof. 7. The parties agree to request the Court to provide that the terms and provisions of the Amended Stipulated Settlement Agreement, shall be incorporated into this Court's Order, and that to the extent this Amended Stipulated Settlement Agreement is inconsistent with the prior Stipulated Settlement Agreement, that the Amended Stipulated Settlement Agreement shall control, and that the Court shall retain jurisdiction of this cause to enforce the terms and provisions hereof. STIPULATED AND AGREED TO between the parties this day of , 1986. LAW OFFICE OF ALAN F. RUF, P.A. RUDEN, BARNETT, MCCLOSKY, Special Counsel to Petitioner, SCHUSTER & RUSSELL, P.A. City of Tamarac Counsel for Defendants, 2801 East Oakland Park Blvd. Richard C. Jones, et al. Fort Lauderdale, Florida 3330.6 One Corporate Plaza (305) 561-2230 Penthouse B P.O. Box 1900 By: Fort Lauderdale, Florida 33302 Alan F. Ruf, Esquire (305) 764-6660 By: Edwin J. Stacker, Esquire ORDER This cause came before the Court upon the Amended Stipulated Settlement Agreement of the parties hereto, and the Court having considered the same as well as being fully advised in the premises, it is thereupon; Doc ORDERED AND ADJUDGED THAT: 1. The Amended Stipulated Settlement Agreement is hereby approved, and incorporated herein by reference, as if the same were fully set out herein. 2. To the extent that the Amended Stipulated Settlement Agreement is inconsistent with the terms and conditions of the* previous Stipulated Settlement Agreement, the terms and conditions of the Amended Stipulated Settlement Agreement are to control. 3. The parties hereto are hereby directed'to implement the terms and conditions of the Amended Stipulated Settlement Agreement. 4. This Court shall retain jurisdiction of this cause to enforce the terms and provisions of the Amended Stipulated Settlement Agreement. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, State of Florida, this day of , 1986. Copies furnished: CIRCUIT COURT JUDGE 0 -12- El LANU DESCRIPTION: AMENDED UTILITY AGREEMENT A portion of tracts 25, 26, 31 and 32 of "Florida Fruit Lands Company Subdivision No. 2", as recorded in Plat Book 1, Page 102 of the Public Records of Palm Beach County, Florida, lying in Section 7, Township 49 South, Range 41 East, Broward County, Florida, more particularly des- cribed as follows: Commencing at the Northeast corner of the Southeast one -quarter (SE W/4) of said Section 7; thence South 890 19' 54" West, along the North ine of the Southeast one -quarter (SE 1/4) of said Section 7, a dis- tance of 53.00 feet to a point on a line 53.UU feet West of and parall- el with the East line of said Section 7; thence South 01° 24' 48" East, along the last described parallel line, 12U.UI feet to the POINT OF BEGINNING; thence continue along said parallel line South 010 24' 48" East, 581.11 feet; thence South 040 001 49" West, 18.89 feet; thence South 890 19' 54" West, 1268.98 feet; thence North 010 24' 48" West, 599.94 feet to a point on a line 120.00 feet South of and parallel with the North line of the Southeast one -quarter (SE 1/4) of said Section 7; thence North 899 19' 54" East, along the last described parallel line, 127U.76 feet to the POINT OF BEGINNING. Containing 17.50 acres, more or less. NOTES 1�. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASE- MENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD, 3. BEARINGS SHOWN HEREON ARE RELATIVE TO FLORIDA COORDINATE SYSTEM EAST ZONE, GRID NORTH, TRANSVERSE MERCATOR PROJECTION (STONER/- KEITH RESURVEY AS RECORDED IN MISC. MAP BOOK 3, PAGE 44, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA). 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. *5. THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY. CERTIFICATE WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS DELINEATED UNDER OUR DIRECTION IN SEPTEMBER, 1986. WE FUR- THER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNI- CAL STANDARDS SET FORTH IN RULE 21HH-6 ADOPTED BY THE FLORIDA BOARD OF, LAND SURVEYORS, PURSUANT TO FLORIDA STATUTES 472.027. L-11/land/sec7-ua E TH U SCHN�RS, P.A. GIN ERS, P E S SURVEYORS • J J P. IE ER, PLS e0RIDA REGISTRATION NO. 4323 EXHIBIT "A" SkErew off' t�EscRipr�o�v Umv SEcTioAl 7- Sourly A FO,QT/nN G�c 7WE SVAw,-1WEA57* 1W.1 0.".9` DATE REVISIONS DATE SCALE /,Azov, MELD wK. ~IA I I a-, NG. EYE iMEET MO.� Oi" LNECTS TAMAR,fC, ARaw.4,po m., FL04e1jD4 g1CHK. IFY I i qI DRAWING NO. //2B5L- /1 ♦ 5C,41.E: / "x tom' .V.E. Co~+ SE4 ow- C. 9=-49 -•0/ Sp O/P s3 V, N NoB Hit L ROAD � "'V Ser. 7- o.1/ _ S1rt4'48"E 5B� /�' SD4°Do99"W 2a Qo V V 4 � F[A. FRuir L,gmoS 1 7GZ3A� SF. ra SUB. A0. • h s h �o to N 0/0 Z4' 98 " w 579. �4 ' .32 1 13.1 ov& TrN OF do"CR/iirloov v vo ,TeCrio,v 7- sour.,v r1o' / of rW,F . V Xlr,✓E'.9,Sr jI , 99 S. j R.GE 41 E . IDATE SCALE •�� FIELD 111K.1t DWNG. oY3ld CMK. ey OAT[ wCV1510N; EXHIBIT "A" Keith J 5chnars ,P k - ry cwas : kootos - MITEvoos iMEET NO.JE OF F„ 6"EtTi DRAWING NO. //P85 L', 33 ✓ �1 a SLUDGE FAIU-1 DESCRIPTION Tracts 26, 27 and a portion of Tract 25 Of Faction 7, Township 49 South, RAnge 41 East -of INLORIDA FRUITLANDS CoMPANY'S SUBDIVISION No. 2 as recorded in Alit Book 1, Page 102 of the public reoorda of Palfi Beach County, Florida, being more Particularly described as follows: Commencing at the southeast Corner of said Section 7 • thence north 01 24"46" W along the east lino of sakd� Section 7, a distance of 659.70 fait to the point of beginning of this description] -continue north 10w W along the last described course a distance of14004feet, thence south 89010/160 W a distance of 1082.62 feet, thence aguth 010049450 E a distance Of 1400 feet, thonco north 89 101070 E along the south line of Tract 27 a distance of 1090.74 feet to the point of beginning, less the east 15 feet for road.right•of-Way. DESCRIPTION OF ACCESS TO SLUDGE FARH A curvilinear 20•fo6t Wide rock bao® roadway generally the north half of Land Section 0, Township 29 South, Range 41 East from N. W. 94th Avenue wuuterly to the existing right-a-f-way for Nob ieill road. 11 9 ■ • a 1 4i * � i�r' •' r1 r ` r A aCPO C42W �■ c a � r r I u•for W r Y Z;t 0 7 I «I porno,/ w EXHIBIT "B" • x L AIVO SECTION 7, SOLJ rw LEGAL DESCRIPTION A portion of Tracts 26, 27, 30 and 31 of FLORIDA FRUIT LANDS COMPANY SUBDIVISION NO. 2 as recorded in Plat Book 1 , Page 102 of the Public Records of Palm Beach, Florida, lying in Section 7, Township 49 South, Range 41 East, Broward County, Florida, described as follows: COMMENCING at the Southeast corner of said Section 7, thence North 01. 24' 48" West, along the East line of said Section 7, a distance of 1271.69 feet; thence South 880 35' 12" West, a distance of 95.00 feet to the POINT OF BEGINNING; thence continue South 88' 35' 12" West, a distance of 300.00 feet; thence North 85' 59' 11" West, a distance of Aa 90 feet; thence South 88' 35' 12" West,a distance -of 395.97 feet to Dint of Curvature of a 647.00 foot radius, tangent curve concave to the Southeast; thence southwesterly along the arc of said curve through a central angle of 35' 36' 210, an arc distance of 402.07 feet to a point of non- tangency (a radial line bearing through said point bears North 370 01' 08" West); thence South 07' 25' 40" West, a distance of 49.97 feet; thence North 380 07' 32" West, a distance of 176.03 feet; thence South 82" 41' 45" East, a distance of 49.13 feet to a point on the arc of a 753.00 foot radius, non -tangent curve concave to the Southeast (a radial bearing through said point bears North 37" 15' 58" West; thence northeasterly along the arc of said curve through a central angle of 35' 51' 110, an arc distance of 471.19 feet to a point of tangency; thence North 880 35' 12" East, a distance of 383.97 feet; thence North 86' 34' 56" East, a distance of 200.12 feet; thence North 88 35' 12" East, a distance of 300.00 feet; thence South 06` 36' 28" East a distance of 132.54 feet to the POINT OF BEGINNING. Said lands containing 3.579 acres, more or`less. L-11/Land Section 7/mcb NOTES: 1. Reproductions of this sketch 2 . 3. 4. 5. embossed surveyor's seal. are not valid unless sealed with an Lands shown hereon were not abstracted for Rights -of -Way, Easements, Ownership, or other Instruments of Record. .Bearings shown hereon are relative to Stoner/Keith Resurvey of Township 49 South, Range 41 East, as recorded in Miscellaneous Map Book 3, Page 44 of the Public Records of Broward County, Florida. The "LAND DESCRIPTION" hereon was prepared by the surveyor. This sketch does not represent a field survey. CERTIFICATE: we hereby certify that the attached Sketch of Description of the hereon described property is true and correct to the best of our knowledge and belief as delineated under our direction in September, 1985. We further certify that this Sketch of Description meets the minimum technical standards set forth in rule 21HH-6 adopted by the Florida Board of Land Surveyors, pursuant to Florida Statutes 472.027. i KEITH AND SCHNARSr P.A. Engineers -Planners -Surveyors OA P/o -a _1_1�7 &) i �4 By: A.M. Lazowickr PLS Florida Registration No. 4105 SKETCH OF DESCRIPTION EXHIBIT "D" KEITH AND SCHNARSo P.A• DATE FIELD NOOK CKO. ■Y fV OINEERS-PLANNMRS-SURVEVORS 9 5 85 GB r�av10lonls N m r T. LAUD<RDALSOFL. DEERFIELD ■EACH, FL. 2053 703-7/43 • IMOd2 401-anew C Lj = r= r 0, n-C -,�l 1; LAND SEC T ION 7. 50U-V H DESCRIPTION A portion of Tracts 25, 26, 27 and 28 of Florida Fruit Lands Company Subdivision No. 2, as recorded in Plat Book 1, Page 102, of the Public Records of Palm Beach County, Florida, lying in Section 7, Township 49 South, Range 41 East, Broward County, Florida, more particularly described as follows: Commencing at the Southeast corner of said Section 7, thence North 01* 24' 48" West, along the East line of said Section 7, a distance of 53.00 feet to a point on a line 53 feet North of and parallel with the South line of said Section 7; thence South 89' 06' 50" West, along -said parallel line, 15. line 15 feet West of and parallel with said East line 00 feet to a of 1Secnt tion 7, said line also being the West Right -of -Way line of Nob Hill Road; thence North 01' 24' 48" West, along the last described parallel line also being said West Right -of -Way line, 2571.18 feet to a point on a line 15 feet South of and parallel with the North line of the Southeast One -Quarter (SE l thence South 89 ` 19' 54" West, alongthelast odescribed parallel line, 38.00 feet to a point on a line 53 feet West of and parallel with said East line of Section 7; thence South 010 24' 48" East, along the last described parallel line, 686.12 feet; thence South 04. 00' 49" West, 200.90 feet to a point on a line 72 feet West of and parallel with said East line of Section 7; thence South 010 24' 48" East, along the last described parallel line, 300.00 feet; thence South 43` 35' 12" West, 49.50 feet; thence South 06. 36' 28" East, 132.54 feet; thence South 46. 24' 48" East, 49.50 feet to a point on a line 60 feet West of and parallel with said East line of Section 7; thence South 01" 24' 48" East, along the last described parallel line, 300.00 feet; thence South 03' 25' 04" East, 200.12 feet to a point on a line 53 feet West of and parallel with said East line of Section 7; thence South 01' 24' 48" Ea_at, along the last described parallel line, 140.70 feet; thence South 04' 00' 49" West, 200.90 feet to a point on a line 72 feet West of and parallel with said East line of Section 7; thence South 01" 24' 48" East, along the last described parallel line 300.00 feet; thence South 430 51' 01" West, 49. 73 feet to & on a line 60 feet North of and parallel with said South line lof Section 7; thence South 01. 24' 48" East, 7.00 feet to a point on • a line 53 feet North of and parallel with said South line of Section 7; thence North 89. 06' 50" East, along the last described Parallel line, 92.33 feet to the POINT OF BEGINNING. Containing 2.89 acres, more or less. NOTES: I. Reproductions of this sketch are not valid unless sealed with an embossed surveyor's seal. 20 Lands shown hereon were not abstracted for Rights -of -Way, Easements, Ownership, or other Instruments of Record. 3. Bearings shown hereon are relative to Stoner/Keith Resurvey of Township 49 South, Range 41 East, as recorded in Miscellaneous Map Book 3, Page 44 of the Public Records of Broward County, Florida. 4. The "LAND DESCRIPTION" hereon was prepared by the surveyor. 5. This sketch does not represent a field survey. CERTIFICATE: We hereby certify that the attached Sketch of Description of the hereon described property is true and correct to the best of our knowledge and belief as delineated under our direction in February, 1985. We further certify that this Sketch of Description meets the minimum technical standards set forth in rule 21HH-6 adopted by the Florida Board of Land Surveyors, pursuant to Florida Statutes 472.027. KEITH AND SCHNARS, P.A. Engineers -Planners -Surveyors l�"�/" - WAA&:6 By: A.M. Lazowick, PLS Florida Registration No. 4105 KEITH Alwo SCHNARS P.A. CAT■ �NC3INEERS-PLANNERB-SURVEYORS L-�-z -T. LAUCKPIOALE, FL. ONERFIELO REACH, FL. 305) 783-9442• 93053 429-020a l: EXHIBIT "E" s4eel w pF veecs4r-mot l FIELD NOOK GKD, N1/ MA6. SMM �l NEVIEIONE (p r, 60A Pt T 7 CF` 7 SCPYl:�t-4~W ae.00' _ LAW 51.--�TON 7, 50UI..h hi, LINE+/4 SGC.7: PROI775ED CANAL al A _O — —ol •. 304O 40i"W zoo. V)p I Z S� e s4ZP 55 1 V; � A ce3 SoCv'Z8"E 132. a4 � 15442,'24'ds'Ej40) W S-ti j �- -41 b OC i � zoo. 1 Z jN Z U. s C>(o vi 140."70J e04-00'40)"W� 717b. 90' W 111 IROP 5W WW uNE O� N �e Sd3- 51'OI"W� 40.73' q, G0l-Z4'4f3E, ZOO' N 95900Q 5D'E S.LINESEC7� �'� _- GDM ERCIAL EXHIBIT "E" 15 •dam' NO* Z4'4vwv 53.0(v �Po.C. KEITH AIMO SCHNARS, P.A. ENr31NEERS-PLANNEFIS-SURVEYORS FT. LAUDEROALE.FL. DEERFIELD ■EACH$ FL. taco) 743-3E43 930153 4E9.OEEe SKETCH OF DESCRLI PT 1 O N DATE FIELD ■OOK GKO. ■y I�IEVIEIDNE r f1 rn�rm�rrm ���.wwrrrrn� W MUH.-MIR rm%po POPE% t FUTURE PER LAND USE DESIGNATIDN EFFECTIVE PLANS r o' 'I- 1 1NE ► MCNAS ROAD 4 LJ II wZ T MC I C*NIX f' Ian r, , :; • •�r �U t;.� • T iw a . • 4 • " w r a.+ oo .....� .� } Moo COMMERCIAL BLVD. a k ' W g �4�' NORTH be ♦ 1000Ab STAFF RECOMMENDATION r _TAMARAC r, W c r 0 0 r z L15) LIM11D) L15) Amendment Site From: LMO 0).M(16),C,I.P3 R,CI To:• end i ® COMMERCIAL INDUSTRIAL. PARKS d REC 1� UTILITY (� TRANSPORTATION SUNRISE EXHIBIT "C" L AND &SECT/QN 7. S011TH__ SCALE' I" w 2ool N.010 24'48" W. E • LIME-.SCG .7 PO.C. S.E. CO2NE Iz SEC. 7. TW P 4V S., QC E . 41 E . AP of, i S.07025'4001W.3 W4&Vf S ' V• tpn �y :b' 5.82.414.5"E.� 49.15' r x w .I.n L 3.55 ACRES t L.0 / • 27 to`1'+ r'r• U z CbW 1 32: I 111 IZ71.lo9... O. Nob HILL SKErCH of DESCZlPTlou KEITH AND SCHNAR93m P.A. fV D1IVEEIAS-PLANNERS-SURVEYORS T. LAUDEROALE,PL. 01111PPIELO ■EACH, FL. SCSI 703-2842 9206I 4mi-oYE■ o, e EXHIBIT "D" OAT■ IFIRL93 NOOK I CKC. ■Y NA G.�. wEvl�loN• ,L 2 O, 4- r GI m Li � XpaEssw �r os"waR"sa m x m Z A Z 4 O v rn A C m Cl) r a = 33 O > o Z a i O o [7 Sr r-- CO a co s m a' r ca a r t m oM _ of C) oa z y — 0-4 0 _♦ v 1 O A z z Z a -4 di r � ; a► -+ O 0 to v z o z o Z o o 0 0 0 o 40 y M Z G co w r+ Z Ln w a o o a un 94 AVENUE o 0 1 Z EXHIBIT "G" T>cAL.'E� 1"= 5C, IJ. Linr>r I 5.yz PD.f3. I 5�' 56G.7 ' }J B°�' 19�54 E. 15®g•19'54 h( P.oG. S.E. �1- -O 5FaG. 7-45 - I 5 eal9'5'w SE.CMAI EXHIBIT "H" FETCH Cf M5GRIncw VIC> you 7, 6DLYT i CoMM��tGAI. 81a1'P.