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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-1931 2 3 4 5 9 10 11 12 13 14 15 16 17 38 No 21 22 23 24 25 26 27 28 29 10 11 33 34 35 36 Introduced by*joy Temp. # 2266 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R_gL-Z - A RESOLUTION ACCEPTING AND APPROVING A DECLARATION PERTAINING TO PRIVATE STREETS OFFERED BY F & R BUILDERS, INC., FOR THE KINGS POINT PROFESSIONAL PLAZA.PR3JECT AND THE KINGS POINT RECREATIONAL COMPLEX: AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Declaration pertaining to private streets, offered by F & R Builders, Inc., for the Kings Point Professional Plaza Project and the Kings Point Recreational Complex is hereby accepted and approved, a•copy of said Dedication being attached hereto as Exhibit "A". SECTION 2: That the City Clerk is hereby authorized and directed to record said document in the Public Records of Broward County, Florida. SECTION 3: This Resolution shall become effective upon its adoption. PASSED, ADOPTED AND APPROVED this Zday of 1982. ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have MAYOR: approved the form correctness DISTRICT of this Resolu ion DISTRICT DISTRICT CITY RNEY / DISTRICT MAYOR RECORD OF COUNCIL VOTE DECLARATION This Declaration is made this Vday of June, 1982 by F&R Builders, Inc., a Florida corporation, its successors and assigns (the "Declarant"). W I T N E S S E T H A. F&R and the City of Tamarac ("City") entered into an agreement known as Stipulation No. 9 dated July 7, 1981 (the "Stipulation") which clarified and modified the rights and obligations of F&R and the City with respect to the development of certain real property located in the City, Broward County, Florida. B. Declarant is the owner of certain portions of Tracts 33 and 34 located in a portion of Section 6, Township 49 South, Range 41 East, Broward County, (the "Tracts") more particularly described on Exhibit A attached hereto. C. Declarant intends to construct certain improvements on the Tracts consisting of models, administrative, management and sales facilities and recreational and other commonly used facilities and hereby declares that the condominium units and other residential dwelling units to be constructed on the real property described on Exhibit A to the Stipulation shall be held, sold, conveyed, encumbered, leased, used, occupied and improved subject to the following terms and conditions. D. The Stipulation provides for, among other things, the right of Declarant to construct private streets on the real property described on Exhibit A to the Stipulation. The Declarant intends to construct a private street on the Tracts as shown on ExhibiAPB attached hereto. Pursuant to the terms and provisions of the Stipulation, the private street will be designated as "Private Ingress -Egress" on the proposed Plats of Kings Point Professional Plaza and Kings Point Recreational Complex dated April, 1982 and June, 1982, respectively, and prepared by Daniel L. Carnahan of Daniel Carnahan Consulting Engineers, Inc. (the "Plats"). E. Declarant makes this Declaration in accordance with the terms and provisions of the Stipulation. NOW, THEREFORE, in consideration of the premises, and such other 1 THIS INSTRUMENT PREPARED BY: � Robert M. Haber, Esq. '9555 North Kendall Drive Miami, Florida 33176 good and valuable consideration, Declarant agrees as follows: 1. Condominium associations or homeowners associations, or both or Kings Point in Tamarac, Inc., a Florida corporation not for profit, the property owners association responsible for the ownership, operation and management of the recreational and other commonly used facilities (the "Associations") shall be required to maintain the private street as shown in Exhibit B for as long as it remains a private street. Associations shall mean and include the entities responsible for the maintenance, management, operation and administration of the condominiums, other residential dwelling units and the recreational and other commonly used facilities to be constructed on the real property described on Exhibit A to the Stipulation. 2. The private street shall be open to all City vehicles, all emergency vehicles and all City personnel at all times. City police are authorized to have free access at all times to enforce all existing laws, ordinances and motor vehicle regulations on the private street. 3. The City and/or County and any governmental agency within the City and County governments shall be relieved of any liability for any injury which may occur as a result of the street being a private street. The Associations shall be obligated to hold the City and County harmless for all attorneys' fees incurred; provided, however, the obligation of the Associations shall not extend to the negligence of the City or County or their agents, servants or employees. 4. Street lights shall be erected in accordance with City standards. The members of the Associations shall be responsible for payment of the street lights and electricity and maintenance thereof as long as the street remains private, through the Associations. If the City exercises its option to purchase the private street, FP&L shall review the adequacy of the street lights to determine whether same satisfy its standards. In the event FP&L determines the street lights do not satisfy its standards and require modification, then the Associations shall have the option to cause the requested modifications to be made at their own expense and, if modification is made at no cost to the City, the City shall then be responsible for the payment of the street lights and electricity and maintenance thereof. In the event the Associations elect not to cause the requested modifications to the street lights to be made then, and in such event, the Associations shall be and remain responsible for IWM 1 payments of the street lights, and electricity, and maintenance thereof, as herein provided above. IN WITNESS WHEREOF, the Declarant has executed this instrument the day and year first above written. Ci rvrncA ccM1 AMA nnA Ael i vcrrcA STATE OF FLORIDA F&R BUILDERS, INC. By. ;�q - g- la'&z, M. E. Saleda COUNTY OF DADE The foregoing instrument was acknowledged before me this day of June, 1982 by M. E. Saleda as Vice President of F&R Builders, Inc., a Florida corporation, on behalf of the corporation. zo Notar Public State o' Florida at Large [JOTARY p_L,�_ > •',t iLvkIDA AT LAKA nL llv�, U: -j�1v,':ji[1S -3- DANIEL CARNAHAN CONSULTING ENGINEERS$ INC. CONSULTING ENGINEERS LAND SURVEYORS L A NO DEVELOPMENT CONSULTANTS 101 N. STATE ROAD 7 MARGATE, FL. 33063 305-972-3959 SKETCH AND LEGAL DESCRIPTION PORTION OF TRACTS 23 AND 24, FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2 SECTION 5, TOI-1NSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 1, PAGE. 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER I•ITH A PORTION OF SECTION 6, TOWNSHIP 49 SOUTH, RANC'E 41 EAST, BROItiARD COL'T'TY, FLORIDA, BEINX MORE PARTICULARLY DESCRIBED AS FOLLOWS: 'THENCE I:.00n06' 44"1n COM,T-'rNCING AT THE SOUTI*:EST (SfI•): CORDER OF SAID SECTION 5; i:I.Oti( THE NEST LINE OF SAID SECTION 5, A DISTANCE OF 2510.67 FEET TO THE POINT OF BEFTNNING OF THIS DESCRIPTION; THENCE N. 80011.' S7"F. , A DISTANCE OP ''10.08 FEET; THENCF. N.00006'44"W., A DISTANCE OF 869.03 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS "..08029' 37"W. , FRON THE LAST DESCRIBED POINT; THENCE WESTERLY, 7:LONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1680.00 FEET; AN ARC DISTANCE OF 487.27 FEET; THENCE S.00006'44"E., A DISTANCE OF 270.00 FEET; THENCE S.89753'16"1•:. .A DISTANCE OF 300. 00 FEET; THENCE S. 00006' 44"E. A DISTANCE OF 326. 10 FEET TO A PCsINT LYING ON A CIRCULAR CUR`.'E TO THE LEFT, HAVING AN INITIAI, Ti,.N ,ENT �3r'i,}?I\(; nr S. 79�1fi' 03"E. , SAID CUP ALSO BEING THE FASTERLY LT OF r� 10�� RIr}1i'-OF-ICTi'i , AS RECORDED I\ 0. R. 1300K 4747, PAGE 184 or T}}L PL- I TC RECORDS OF BROIv'ARD COUNTY, FLORIDA, SAID RIGHT-OF-hAY ALSO F NOI;ti AS N.W. 100 tip A%'ENUE ( NOB HILL ROAD) ; THENCE SOUTHERLY ALONG THE ARC OF SAID CURt'E , }i r•VIN(7 A CENTRAL ANGLE OF 02014 - 47" , A RADIUS OF 2347.00 FEL'T, A DI STANCE OF 142.02 FFE THENCE N.80°41'57"E,, A DISTANCE OF 352.00 FEET; 'T'HEtiCF. S. 0";"1 8' 03"E, A DISTANCE OF 239. 05 FEET TO A POINT LYING ON A CIRCULAR CURVE TO THE I T-17, HAVING AN INITIAL TANIGENY BEARING OF N.73050' 00"IS. , THENCE 1 A;:D 1.% S,L'RLY ALONG THE ARC OF SAID CURVE, HAVING A CENTRAL ANGLE 37'")36' A 1�.ADIUS OF 70.00 FEET, A DISTA."JCiT OF 45.96 FEET TO THE: O" ^' "GE'':C1'; T}iENCE .68"33' 04"W. , A DISTANCE OF 283.45 FEET TO A. POINT I':� Ov T, C1pCUL R Cl'PVE 'rO THE LEFT, HT�VTNG AN iNITInL TT,`;r'F.\T BEARIT�G OF S. 18°45' 14"E. , SAID CL:RVF ALSO BEING THE EASTERLY LINE OF AFORESAID 106 FOOT RI'1?;'-O}'-iiAY; THENCI' SOUTHET,STERLY ALONG- THE ARC OF SAID CURVE, NAVIN(' A c �:.R,,L ANC'LF; er' 02"23' 33 A F:ADTL'S OF 2347.00 FEE":, A. DISTANCE Or 98.01 FEET; ' }i F: CF, v 7 "3 ; ' 5 8" E . , DI STANCE OF 22 5. 7 8 FEET TO THE POINT OF CUF` ATUR.I: or, A C1 PC'_'? AR C?JRVF TO THE RI OHT; THENCE NORTHERLY AND EF-.STE LY ALONG iF? 0 APC OF SAID CuR`.'E, '.IA�:ItiC- A CENTRAL ANGLE OF 12n33' 59", ART:DIUS OF 990. 0 F�F`1', A P.'.�':A'vCE OF 217.13 FEET TO THE POINT OF TANGENCY; THENCE ":.>30�11' S7"F A D1STANC} OF 572.07 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYIN(- AND BEING IN BROW'ARD COUNTY, YLORIDA, AND CONTAIN- I1vG i5.772 T�CRES, T•90RI OR LESS. I HEREBY CrPTIFY T}3AI THE (ATTACHED) SKETCH AND LEGAL DI:SCRIP'iION CONFORMS OTHER PErT?NEN-1 DATA S110111- 11FREON , OF THE ABOVE DF.SCRIRED PROPERTY, CONFOR^'S TO THE TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLOIkI DA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF LAND St'R'vEYORS IN SEPTEMBER 1981, AND THAT SAID SKETC}i IS TRUE AND CORRECT TO THE BFST OF MY KNOWLEDGE AND RELIEF. � Dnniel L. Carnahan Recll stereo] Land Surveyor # 3002 State of Florida SCALE NOTES: A) REPRODUCTIONS OF THIS SKETCH ARE NOT VALI' UNLESS SEALED WI'.Di AN EMBOSSED SURVEY(,RS SEA' B) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS-OF-1•;AY OF RECORD C) DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. E*vAtiawT A .7NFE•r I of 7- UPDATES ono/or REVISIONS DAT E BY CK D I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND LEGAL DESCRIPTION ANO OTHER PERTINENT DATA SHOWN HEREON, Of THE ABOVE DESCRIBED PROPERTY CONFORMS TO THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD Of LAND SURVEYORS, M KPTEMNER 1091, AND THAT SAID SKETCH IS TRUE AND CORRECT TOY"[ BEST OF MY KNOWLEDGE AND ELIEF. N�TE3` 1.) REvRODUCTIONS OF THIS SK4TCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSEU SURVEYOR'S SEAL. A: LAhub iHOMh HEkEON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIAHTS'Or-WAY OF RECORD. d� - B.) DATA SHOWN HEREON WAS COMPILED FROM OTHER 1115THUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH DANIEL L. CARMAN" REGISTERED LAND SURVEYOR •SOO* STATE OF FLORIDA r +B NO.gID�OZ�-� DATE �_?5� 8Z I DRAWN J L 1 CHECKED � 1 %� I f 0/ - =I® o � � 1poo,a.�l ` 5. dQ64 d = 0t N'47 A. Vol, Alor -e= 15470' 1 /N«voE � c � y �•f; 0 Oi 0 d-Ar•rf'�s' A- 9do/' ` It 1l47j0' M��N AP LE44t DE6CK1PTIoN �41 770 Sr. Bo',� ►✓ ± /6- 779 AexF3 0 0 a 0 Ts d= 37-�iG•5�•, •V.Arfo. A= 4f.94i' E y AT As �p.N• - — . o a� D Q SCALE, >=Z00" S�JEy~%e*T Q EEr 2 of 2 DANIEL CARNAHAN CONSULTING ENGINEERS, INC. CONSULTING ENGINEERS LAND SURVEYORS LAND DEVELOAWENT CONSULTANTS 101 N. STATE ROAD 7 MARGATE,FL. M63 305.972.3959 J08 N0. n JAl E 3 .7K, OftAwN / / CHECKED r , �. FS/PG DANIEL CARNAHAN CONSULTING ENGINEERS, INC. T'•"•'^ ENGINEERS LAND SURVEYORS LAND DEVELOPMENT CONSULTANTS 101 N. STATE ROAD 7 MAR GATE, FL. 33063 305 - 972 -3959 INGRESS AND EGRESS EASEMENT SKETCH AND LEGAL DESCRIPTION A PORTION OF SECTICN 6, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLIONS: CCMMEN,CING AT THE SOUTHEAST (SF) CORNER OF SAID SECTION 6; THENCE N.00006'44"W. ALONG THE EAST LITE OF SAID SECTION 6, A DISTANCE Off' 3386.87 FEET; THENCE S.89053116"W., A DISTANCE OF 285.05 FEET TO THE POI'�T OF BEGINNING, SAID POINT ALSO LYING ON A CIRCUIAR CURVE TO THE RIGHT, HAVING AN INITIAL TANGENT BEARING OF N.85002'06"W.; THM CE WESTER- LY AIANG THE ARC OF SAID CURVE, ALSO BEING THE SCxMSMY LINE OF AN 80.00 FGX7T RIGHT-0E- WAN KNOWN AS N.W. 77th STREET, AS RECORDED IN O.R.BOOK 6260, PACE 622 OF THE PUBLIC RCMMS CF BROWARD COUNTY, FLORIDA, HAVING A CENTRAL ANGLE Or 03009'34", A RADIUS OF 1680.00 FEET, FOR AN ARC DISTANCE OF 92.64 FEET TO THE NORIMEAST (NE) CARNER OF THE PLAT ENTITIED "TANS,RAC-I.AUDERHILL CONGREGATION OF JEHOVAH' S WITNESSES" AS RECORDED IN PLAT BOCK 91, PAGE 45 CF THE PUBLIC REC`.ORDS Or BROOM COUNTY, FLMDA; THITKE S.00006'44"E., ALONG THE EAST LINE OF SAID PLAT AND ITS DMENSION Tom', A DISTANCE OF 372.52 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; T'EE[QC.'E SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A CEN'TPAL ANGLE OF 11035'18", A RADIUS OF 292.00 FEET, FOR AN ARC DISTANCE OF 59.06 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CX-MVE TO THE RIGHT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 11035' 18" , A RADIUS OF 200.00 FEET, FOR AN ARC DISTANCE OF 40.45 FEET TO THE POINT OF TANGENCY; THENCE S.00006'44"E., A DISTANCE OF 15.00 FEET TO THE POINT OF CURVATURE OF A CIP.CUALR CURVE TO THE RIGHT; THENCE SOITTEEMY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A CENTRAL, ANGLE OF 80048'41", A RADIUS Or 63.00 FEET, FOR AN ARC DISTANCE OF 88.86 FEET TO THE POINT Or TANGENCY; THENCE S. 80041' 57W. , A DISTANCE OF 586.53 FEET TO A POINT LYLNG ON A CIPOJLAR CURVE TO THE LEFT, HAVING AN INITIAL TANGENT BEARING (T S.09018'03"E; THErX E SOUTHERLY ALONG THE ARC OF SAID CURVE, SAID CURVE ALSO BEING THE EASTERLY LINE C►F A 106.00 FOOT RIGHT-OF-WAY MOWN AS N.W. 100th AVENUE (NOB HILL ROAD) AS IECOTMED- IN O.R. BOOK 4747, PAGE 184, OF THE PUBLIC RECORDS CIF BROAl2M COUNTY, FLORIDA, HAVING A CaURAL ANGLE OF 02014'48", A RADIUS OF 2347.00 FEEL', FOR AN ARC DISTANCE OF 92.03 FEET; THENCE N. 80041'57"E. , A DISTANCE OF 584.73 FEEL' TO THE POINT CF CURVATURE OF A CIRCULAR Ct r&m TO THE LEFT; THENCE EASTERLY AND NOTtT' MMY AMIG THE ARC OF SAID CURVE HAVING A MTIRAL ANGIE Or 80048' 41" , A RADIUS OF 155.00 FEET, FOR AN ARC DISTANCE OF 218.62 FEET TO THE POINT OF TANGENCY; THENCE N.00006'44"W., A DISTANCE OF 15.00 FEET TO THE POINT OF CURVAZURE OF A CIRCULAR CURVE TO THE LET; THENCE NOR'IMERLY A jCNG THE ARC OF SAID CZTRVE, HAVING A CENTRAL ANGLE OF 11035'18", A RADIUS OF 292.00 FEET, FOR AN ARC DISTANCE OF 59.06 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY AIANG Tim ARC CIF SAID CURVE, HAVING A CENTRAL ANGLE OF 11035' 18" , A RADIUS Cr 200.00 FEET, FOR AN ARC DISTANCE OF 40.45 FEET TO THE POINT OF TANGENCY; THENCE N.00006'44"W., A DISTANCE OF 361.78 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FIARIDA, AND CONTAINING 2.579 XMM, (MORE OR LESS. SCALE= exwe-A-T es SHIFT 1 of 2 UPDATES and/or REVISIONS DATE BY CK D I HEREBY CERTIFY THAT THE ATTAC"ED SKETCH AND LEGAL DESCRIPTION AM OTHER PERTINENT DATA SHOWN HEREON, OF THE ABOVE DESCRIBED PROPERTY CONFORMS TO THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BT TTK DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF LAND SURVEYORS, IN SEPTEMBER 1901, AND THAT SAID SKETCH IS TRUE AND CORRECT TO THE BEST Of MY KNOWLEDGE AND BELIEF. NOTES' 14 REPRODUCTIONS OF THIS SNETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S BEAL. !� LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS -OF -WAY OF RECORD. L DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. DANIEL L. CARNAHAN REGISTERED LAND SURVEYOR *3002 STATE OF FLORIDA L . B FS/ PG. 8103024 1 VA' c b •8-82 1 UKAWN L DANIEL CARNAHAN CONSULTING ENGINEERS, INC. CONSULTING ENGINEERS LAND SURVEYORS LAND DEVELOPMENT CONSULTANTS 101 N. STATE ROAD T MARGATE. FL. 33063 305-972-3959 INGRESS AND EGRESS EASEMENT a i(/ 7ZW 5T i �X1-�IpS1T FJ SCALESNEfT 2 of 2 UPDATES and/or REVISIONS DATE BY CK'D I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND LEGAL DESCRIPTION AND OTHER PERTINENT DATA SHOWN HEREON, OF THE ABOVE DESCRIBED PROPERTY CONFORMS TO THE MINIMUM TEC1g11CAL STANDARDS FOR LAND SURVEYING IN T►IE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF LAND SURVENORS, IN SEPTEMBER I991, AND THAT SAID SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDOE AND BELIEF. NOTES, 14 REPRODUCTIONS OF THIS MYCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SunvErOR'S SEAL. BQ LANDS SHOW% HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS -OF -WAY OF RECORD. SJ DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE • F1ELO SURVEY As SUCH. DANIEL L. CARNAHAN REGISTERED LAND SURVEYOR 03002 STATE OF FLORIDA J08 NOW.03024 DATE DRAWN J CHECKED Z FB/ PG.