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Home My WebLink AboutCity of Tamarac Resolution R-84-227Introduced by Temp. Reso. #3223 7, 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO: R-84-PePZ'7 A RESOLUTION APPROVING THI SEIM-IIV= OF AN APPEAL BY TICON, INC., AGAINST THE CITY OF TAMARAC; AND PROVIDING AN EFFECTIVE DATE.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the settlement outlined in Lxhibit "A" to this Resolution constituting a Voluntary Dismissal of the Appeal and Final Disposition of the case of Ticon, Inc. - vs. - City of Tamarac Case #83-11943(CX) in the 17th Judicial Circuit (Case #84-1022 in the 4th District Court of Appeal) is hereby approved by the City Council. SECTION 2: This Resolution shall become effective itrmediately upon adoption. PASSED, ADOPTED AND APPROVED this Q.5 1vday of , 1984. 1-7 all - CITY Cilm I HEREBY CERTIFY that I have approved the form and correct -- MAYOR RECORD OF COUNCIL VOTE MAYOR: KRAVITZ DISTRICT 4: V1A STEIN DISTRICT :: 0/'R1 STEL_ZER,_ DISTRICT 2: C/M MUNITZ DISTRICT 1: C/M DUNNE UU 1 E� 84301319 RESTRIrTIVE COVENANT KNONY ALL MEN By THESE PRESENTS, that the undersigned, TY-ON, INC.., a Florida corporation, the owner of the lands described on cor-Iposite Exhibit "A" attached hereto and identified thereon as Parcel A, Parcel B, Parcel r and Parcel D, does hereby impose the following restrictions upon the aforesaid lands: 1) There shall be no more than two hundred fifty two (252) dwelling units constructed on Parcel A. 2) There shall be no more than seventy-eight (78) dwelling units constructed on Parcel B. 3) No buildings constructed on Parcel B shall he more than two (2) stories in height. 4) There shall be no more than seventy-six (76) dwelling units constructed on Parcel C. 5) No building constructed on Parcel C shall he more than two (2) stories in height. 6) There shall be no more than forty-seven (47) 4 dwelling units constructed on Parcel D. 7) No building constructed on Parcel D shall be more than one (1) story in height. The aforesaid restrictions are imposed upon the lands described in composite Exhibit "A" as an inducement to and in consideration of the City of Tamarac, Florida, re -zoning said lands as follows: 1) Parcel A from R-IB to R-4A; 2) Parcel B from R-IB to RM-10; 3) Parcel C from R-IB to RM-10; 4) Parcel D from R-IB to RM-5. TICON, INC., acknowledges that, notwithstanding the aforesaid re- zoning, its construction of the aforesaid dwelling units upon the lands described upon Exhibit "A" will have an impact upon the roadway system within the City of Tamarac surrounding said lands. TICON, INS, further acknowledges that the City of Tamarac is presently considering the adoption of a uniform Ordinance requiring the payment of traffic and roadway impact fees and in consideration of the City of Tamarac granting its consent to the restrictions hereinbefore set forth prior to the adoption of said ' C\� .^, f.� mow. t n i`�'',• _ y .-- No Text Ordinance, TICON, INC., has, on this date, delivered to the City of Tamarac, a voluntary payment in the amount of Forty Thousand ($40,000.00) Dollars for utilization for such roadway and traffic improvements as may be necessary in conjunction with TICON INC.'s development of the subject land. TICON, INC, further agrees that in the event the City of Tamarac adopts said uniform Ordinance requiring the payment of traffic and roadway impact fees with respect to the lands described upon Exhibit "A" before the issuance of the first building permit for any dwelling unit to be constructer► upon the lands described on Exhibit "A", TICON, INC. shall pay such remaining fees, if any, as may be required by such Ordinance, after first receiving credit for the voluntary payment of Forty Thousand ($40,000.00) Dollars provided for herein. Notwithstanding the aforesaid, and as an alternative and in lieu of payment of said traffic and roadway impact fees, TICON, INC. shall, upon request of City of Tamarac and the refund to TICON, INC, of the aforedescribed Forty Thousand ($40,000.00) Dollar voluntary payment, install two (2) traffic control devices, xvithin a one-half mile radius of the intersection of N.W. 91st Avenue and N.W. 57th Street. Compliance with the provisions concerning impact fees shall be conclusively established upon the completion of construction of any one (1) dwelling unit upon the lands described in Exhibit "A" and the issuance of a Certificate of Occupancy -\ therefore. k� �,�. ,� ��►� -- .. . ,� \ _ JN WITNESS I!LHEREOF, the undersigned has hereunto set its hand and seal this '-_ day of , 1984. - . TIr-ON, INC. a Florida corporation —` Robert N. Caporella, President �T (CORP. SEAL) ' CO STATE OF FLORIDA ) C COUNTY OF BROWARD ) •-• • . _ BEFORE ME, the undersigned authority, personally appeared CC Robert N. Caporella, the President of TICON, INC., a Florida corporation, who, after 0.3 being duly sworn, acknowledged that he executed the foregoing_ Restrictive Covenant in his corporate capacity and on behalf of said corporation. WITNESS my hand and seal this - day of 1984. � _ , ,.j, • Notary Public My Commission Expires: State of Florida at Large 1617'r9 pAlic ,�r-�+er 4x ;r�s lr.b. 22. 15BI ._ {J - V,i CYIi:..r.. ••,. ��. yl�'.. `7\•—�� mow` `.. .�,. Page Two COh1P0517E ETCH] B17 PAGE ONE OF FOUR Description of Parcel "�•,- anion of ParCe] sp,. of the Plat of "L�'ans Tnd�strial T�, r r,r as rrcr',� P Pa at Book 7] , Page 7 of the public records of hTo�ard Count )• , Florid . being more particularly described as fallows: EcFinning at the 5aut)►�:est CUrf,er of said F' UO°U]'37" hest (on an essun,ed bearing), along the rest ]am o: leic l,�r, L. d' stance of 959.72 feet.; t1►ence 5outh 7z-pp'sl" Lest d p- st ar,ce a' a x das�dncc of fi94•D�' �CGt 1C' ` yj6.3� ices: thence South a3°13'40" East' a ti,oa►cr i,art't, 88`K9'��Wert, Joint an ti,r sour?, line of said parcel P a Distance of y]D.33 feet to the poant aou lng said south lint, Said ]ands situate ]yang and being in the City o� Florida, and containing 36.E32 Acres, mole or less. t..��jk%Ty T'" VEMa; vtA%n,hvlh.n To•� m1f mT G _ m W go COMPOSITE EXHIBIT "A PAGE TWO OF FOUR Description of Parcel "B ++ as shown on the plat of "Lyons 1ndWstrial T arl." A portion of Parcel P recorded an P]at Book 71, Page 1 of the Public Accords of brn. and as icularly described as ffollows:unty, Florida, being more part thence North Commencing at the Southwest corner of said Parse] ra distance of e hest, along the west line of said sadescription• thence 5ovtr rcel p0 O1 3i" of this 969.72 feet to the point of beginning t a distance of 936.34 feet: thence North pfsaid +Ohest 72°00'S1" Easparcel aIdistance of 540.00 feet to a point on the north line a distance of 739 - 56 thence north 88°59'06" West, along said north line, thence along the arc feel to a point of curv2ture of a curve taltanglehe fof 91'02'31" and a : adiu4 a cenir of said curve to the left, 'havingDint of tangy enc}' , of ]00.00 feet, a distance of 158.90 feet to a P tan being on the west line of said parse] "}"', t},once soul}, point of tangency the said west line, Q0°01'37" E25t,"along the tangent extended and alonf a distance of 169.27 feet to the point of beginning. aid lands situate, lying g and being in the City of Tamarac, BTD.':ard County, lorids and containing 7.861 Acres, more or less. yp1tY ° t Otte A 7p Q �T �1T �L �T G n z. Cz c0 CONj pS�I r E IIBI PAGE THREE OF FOUR )cscription of Parcel POT -Lion 'P an of Parcel •" as shown on the plat of '•Lyons t]ndustr5 al Fari:•' ; Of Rro�ard County, 35 recorded in Plat Book 71, Pagc 1 of the Publ5c Recard5 _l on da, being more Parts cul arty descTibed as fol) ok•s: -a acing at the South�'est corner of Said parcel "i; thence Northf0001'a7" ong the West line of said Parcel "P", a distance of 959.77 t, ;e5t, al - bence south 72"00'Sl" East a distance of 916.34 feet to the paim ofg¢Ilex U(rl- �Sng of this description; thence south OV 3 3' 40" East a d3 s: =rly bow,dar)' of said paTce] "P"; eet to a point on the southethe �'�0 5�uti ;geS9106" East, along the sand southerly boundary, a distance o. 4 q :cet to a point on the gastexly boundary of said parcel Nor �.P��• .},ence t1, )D"()1'37" Vest, 21ong a Portion of sa5d @aster]}=bouncdr� ;-Tie tic fi1�'F`� r] )rolongat5on therrof, a distance of 698.50 feet; tlIenee J:orth 89`41 �25'� Test distance of A99.34 feet to the point of beginning - aid )ands situate, lying and being xn the City of 72--;.2r2e, E7n'ard Conn.), ors da_ and con:25n5ng 7.660 Acres, more or 1 SitM� : lrt el" r4et,sGf� wool 0 � Me t �h•p R+ tfAw 60C 1 0, J cO►,�PosiTE F- '] 51 PAGE FC)UR OF FOUR Ci.c.ription of rarcc] .,p ar vn on tCount) he .p)at of "LvonS },Indystr�a] �+•. ortian of parcc] ,p• as sn of the Pubic Aecnrd' of f{rnvard . T Rnok 7]. rare IL rrcorded in Plat as f al) nws: =)orida. being mere Part) cu)ar]y desGrihcd Of said parcel .,�,�, thence Nort}, Duthwest corne7 a d 51anCc Cl[ CIcncinp at the S arcel "p•,� the West line of said P icct ODG01,37., hest, along a &Lstancc of 916 34 72'00'51 East 0 72 f ect : t},once south p.. �.� 99. ae,crip, i Dn ; t},cnce Of VrFinninF of this baunGar) of 40i4 Ole point eet to P an file narthex ]). O.OD S a Dint a distance of S4 g�5y•U6.0 East, aaang said norther)) bnunGar� parcel ••p thence Sauth i curvature a: a cure tc zra= r�Frt• a OSnt o arplr c- Of 8G].24 ice: to p cen.r�� >> ance .- righ�, ra''�nf _ t0 iI1_ r aio curve f c fern to a nc,r,. arc a� s 155.2 z1hrncC along tht a distance a. ESc57'29" and a radius of lDD.OD feet• r ,dar• c- sale nt of tangency being on the �astexiy bcu: ar tangency, 5256 poi on the T�nFen� eztcr�c3e3 2- • vLh OD°Ol'37" oast, al F o try thence So of 722.55 i ee 4 ; 1 i,encf h x Farce] •�„ � d: sT ar,cc a Gist ance arse] "P' east era,. ba�'ndary. � saiG a7 ong saa ° boundary a- P the souther]}' _ fee, T}�C•nCe r59`06" Test along - c: ance a= 2?g.,3 f e 1 S8 � 1<est a d� thence North 00''01's7 ' dint Or begir,n,IrE- of 410.07 feet; 99.74 fee! TO the p - .25.. West a distance of q _ rib E9 42 - _ d r• - f tuate, lying and being Xn the Cary Say d 7 ands si more or 7 ess. F]or5d2 and containing J,1-000 Acres, 6000 11 I t S' ST T. r IK 14 �l RiCOP,DEV M THE OFFICIAL RE:OgDS 80UK OF 6P.OWARD COUNTY, i,UR;, , T. J0:-wc rnI rn" P-6 r` Cc c� m cc 1 Ll