HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-191Temp. Reso.#11535
Page 1 of 8
December 1, 2008
CITY OF TAMARAC, FLORIDA�?/
RESOLUTION NO. R-2008- /
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, PROVIDING FOR AN OMNIBUS
REASSESSMENT AND REEVALUATION OF THE RELATIONSHIP
BETWEEN THE CITY OF TAMARAC AND PRESTIGE HOMES OF
TAMARAC, INC. ("PRESTIGE HOMES"); AUTHORIZING THE CITY
MANAGER, OR HIS OR HER DESIGNEE, TO EXECUTE A GROUND
LEASE AGREEMENT WITH PRESTIGE HOMES; SUPPORTING
PRESTIGE HOMES' REQUEST TO THE BOARD OF COUNTY
COMMISSIONERS FOR BROWARD COUNTY TO ELIMINATE THE
WORKFORCE HOUSING COMPONENT OF THE PREVIOUSLY
RECORDED DECLARATION OF RESTRICTIVE COVENANTS FOR
THE SABAL PALM PLAT GENERALLY LOCATED ON THE
NORTHEAST CORNER OF COMMERCIAL BOULEVARD AND ROCK
ISLAND ROAD, OR ANY OTHER AMENDMENT TO THE
WORKFORCE HOUSING COMPONENT AS DETERMINED BY THE
BOARD OF COUNTY COMMISSIONERS; REAFFIRMING PRESTIGE
HOMES' REQUIREMENT TO DESIGN AND CONSTRUCT A SOUND
WALL BARRIER AS SET FORTH IN THE DECLARATION OF
RESTRICTIVE COVENANTS; REAFFIRMING PRESTIGE HOMES'
REQUIREMENT TO SATISFY PAYMENT OF ANY AND ALL
FINANCIAL OBLIGATIONS TO THE MAINLANDS 6 HOMEOWNERS'
ASSOCIATION AND THE MAINLANDS T HOMEOWNERS'
ASSOCIATION, AS SET FORTH IN THE DECLARATIONS OF
RESTRICTIVE COVENANTS, PRIOR TO THE ISSUANCE OF ANY
BUILDING PERMITS BY THE CITY; AUTHORIZING AND DIRECTING
THE CITY ADMINISTRATION TO TAKE THE ACTION NECESSARY TO
EFFECTUATE THE INTENT OF THIS RESOLUTION; DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
BOARD OF COUNTY COMMISSIONERS FOR BROWARD COUNTY;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac, Florida (hereinafter referred to at the "City")
and Prestige Homes of Tamarac, Inc. (hereinafter referred to as "Prestige, Homes"),
owners of the Sabal Palm Golf Course and other property within the City, have a
longstanding relationship; and
Temp. Reso.#11535
Page 2 of 8
December 1, 2008
WHEREAS, Prestige Homes has recently sought, and the City has recently
agreed to, a number of land use and zoning changes for certain properties located
within the City; and
WHEREAS, Prestige Homes is in the midst of a number of redevelopment
projects on several properties within the City, including the Sabal Palm Golf Course;
and
WHEREAS, as part of these ongoing projects, Prestige Homes has agreed to
dedicate a certain portion of real property generally located on the northeast corner
of Commercial Boulevard and Rock Island Road to the City; and
WHEREAS, Prestige Homes has requested that the City lease back a portion
of the dedicated property to allow them to operate a Sales Center on the property in
an effort to market homes within the Sabal Palm area of the City, a copy of the
Ground Lease Agreement is attached hereto as Exhibit "A" and incorporated herein;
and
WHEREAS, on July 30, 2007, a Declaration of Restrictive Covenants was
executed by Prestige Homes for the subject property imposing certain workforce
housing requirements on Prestige Homes, as well as other conditions and
restrictions; and
WHEREAS, the Declaration of Restrictive Covenants were recorded on
August 10, 2007, in the Broward County Public Records, Official Record Book
44460, Page 1653; and
1
Temp. Reso.#11535
Page 3 of 8
December 1, 2008
WHEREAS, the Declaration of Restrictive Covenants expressly provide that
they shall be enforceable by the City or Broward County, individually or collectively;
and
WHEREAS, Prestige Homes has petitioned the City to support the elimination
of the workforce housing requirements as set forth in the Declaration of Restrictive
Covenants; and
WHEREAS, City Staff has reviewed Prestige Homes' appeal for support and
has no objection to the amending the Declaration of Restrictive Covenants, as
requested; and
WHEREAS, the City acknowledges that the Board of County Commissioners
for Broward County makes the final determination regarding the workforce housing
requirements of the Declaration of Restrictive Covenants, and while it supports the
elimination thereof, the City will further support any ultimate determination by the
County Commission as it relates to workforce housing; and
WHEREAS, while City Staff has no objection to the workforce housing
amendment, Staff does recommend a reaffirmation of certain other provisions in the
Declaration of Restrictive Covenants, including the design and construction of a
sound wall barrier, as well as the satisfaction of any and all payments owed to the
Mainlands 6 and 7 Homeowners' Associations prior to the issuance of any building
permits by the City; and
WHEREAS, the City Commission has reviewed Prestige Homes' requests and
City Staffs recommendation, and deems it to be in the best interests of the citizens
Temp. Reso.#11535
Page 4 of 8
December 1, 2008
and residents of the City to execute the proposed Ground Lease Agreement attached
hereto as Exhibit "A", to support amending the workforce housing requirements of the
Declaration of Restrictive Covenants, as requested by Prestige Homes, and to
otherwise reaffirm the terms of Declaration of Restrictive Covenants, as set forth
herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC AS FOLLOWS:
Section 1. The foregoing "WHEREAS" clauses are confirmed and ratified as
being true and correct and are hereby incorporated herein.
Section 2. The City Commission of the City of Tamarac, Florida hereby
authorizes the City Manager, or his or her designee, to execute a Ground Lease
Agreement with Prestige Homes of Tamarac, Inc., a copy of the Lease Agreement is
attached hereto as Exhibit "A" and incorporated herein.
Section 3. The City Commission hereby supports Prestige Homes' request to
eliminate the workforce housing requirements of the Declaration of Restrictive
Covenants. As the Board of County Commissioners for Broward County makes the final
determination regarding the workforce housing requirements, the City Commission
hereby further supports any such alternate determination that may be made by the
Board of County Commissioners related thereto.
Section 4. The City Commission hereby reaffirms Prestige Homes'
requirement and commitment to design and construct a sound wall barrier along the
Florida Turnpike on the subject property in any areas where such sound walls are not
Temp. Reso.#11535
Page 5 of 8
December 1, 2008
constructed by the Florida Department of Transportation, as set forth in the previously
recorded Declaration of Restrictive Covenants.
Section 5. The City Commission hereby further reaffirms Prestige Homes'
requirement to satisfy any and all payment obligations to the Mainlands 6 Homeowners'
Association and the Mainlands 7 Homeowners' Association prior the issuance of any
building permits by the City.
Section 6. The
City
Commission hereby
authorizes and
directs
the
appropriate members of
the
City Administration to
take the action
necessary
to
effectuate the intent of this resolution.
Section 7. The City Commission hereby directs the City Clerk to transmit a
copy of this resolution to the Board of County Commissioners for Broward County.
Section 8. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 9. If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Section 10. This Resolution shall become effective immediately upon its
passage and adoption.
Temp. Reso.#11535
Page 6 of 8
December 1, 2008
PASSED AND ADOPTED BY THE CITY 99MMISSION OF THE CITY OF
TAMARAC, FLORIDA THIS � DAY OF , 2008.
ATTEST:
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAMUEL S. GOREN
CITY ATTORNEY
CITY OF TAMARAC, FLORIDA
BETH FLAN BAUM- ALABISCO, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
J
I
GROUND LEASE AGREEMENT
THIS GROUND LEASE (this "Lease") is entered into this / day of December, 2008,
by and between CITY OF TAMARAC, FLORIDA (hereinafter "Landlord"), and PRESTIGE
HOMES OF TAMARAC, INC. (hereinafter referred to as "Tenant").
WITNESSETH:
WHEREAS, Tenant is the record owner of certain unimproved real property located in
Tamarac, Broward County, Florida, more specifically identified as Tract "H" on the proposed plat
of SABAL PALMS and located at the northeast corner of Commercial Blvd. and Rock Island
Road (hereinafter referred to as the "Premises"); and
WHEREAS, Tenant has agreed to dedicate said lands to Landlord but wishes to lease
said Premises back from Landlord upon the terms and conditions set forth herein; and
WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and
conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual benefits accruing to the respective
parties under the provisions of this Lease Agreement, the parties hereby agree as follows:
1. Term of Lease. The term of this Lease (hereinafter referred to as the "Lease
Term") shall commence upon the filing of the Plat of SABAL PALMS and shall end when
terminated by either party as follows:
After June 1, 2010, Landlord may terminate this lease by giving one hundred eighty
(180) days notice to Tenant.
Beginning December 1, 2010, Tenant may terminate this lease by giving thirty (30) days notice
to Landlord.
2, Rent. There shall be no Rent due for the period January 1, 2009 through
December 31, 2009. For the period of January 1, 2010 through December 31, 2010, monthly
Rent in the amount of One Thousand and no/100 Dollars ($1,000.00) shall be due and payable
on the first of each month.
Until terminated by either party as provided above, monthly payments due on January
1, 2011 and thereafter shall continue to be in the amount of One Thousand and No/100 Dollars
($1,000.00)
3. Quiet Enioyment. Landlord expressly acknowledges and agrees that Tenant
shall be undisturbed in its possession of the Premises during the Lease Term.
4. Utilities/Maintenance/Refuse/Use. During the Lease Term, Tenant shall pay
the costs of any electricity, water, sewer, refuse collection, general maintenance and janitorial
services. Landlord expressly acknowledges and agrees that Tenant shall have no obligation to
repair or replace any improvements situated on the Premises.
5. Use. Tenant agrees that it shall use the Premises for purposes of operating a
sales and administration center/trailer for its real estate developments in the City of Tamarac as
well as any other activities or events reasonably related thereto.
6. Insurance. Tenant shall maintain a liability policy for personal injury and
property damage from an insurance carrier approved by Landlord with a minimum limit of
liability of One Million and No/100 Dollars ($1,000,000.00) per occurrence, Five Million and
No/100 Dollars ($5,000,000.00) aggregate naming Landlord as an additional insured on said
policy. A certificate of insurance relating to said policy shall be presented by Tenant to Landlord
at the time of execution of this Agreement.
7. Indemnification. Tenant agrees to hold Landlord harmless from and against
any and all claims, suits, demands, damages, losses, costs and expenses, including reasonable
attorney's fees and expenses, arising directly or indirectly from Tenant's, its agents, employees,
guests, and invitees, use and occupancy of the Premises, including specifically any personal
injury which may result to any person whomsoever on or about the Premises during the Lease
Term except to the extent that same shall be due to Landlord's negligence or breach of this
Agreement.
8. Breach/Opportunity, to Cure. In the event of a breach of any term, covenant, or
condition of this Agreement by Tenant, Landlord shall provide written notice to Tenant, in the
manner set forth herein, describing the alleged breach with reasonable particularity. Upon
receipt of such notification from Landlord, Tenant shall have a period of fifteen (15) days from its
receipt of such notification in which to cure same. In the event Tenant is unable to cure the
alleged breach within said time frame, Landlord shall grant to Tenant an additional period of
time, not to exceed thirty (30) days, in which to cure the default.
9. Assignment. Tenant shall be entitled to assign this lease only in the event of
sale by Tenant of one of its developments in the City of Tamarac and the assignment may only
be to the purchaser of one of its developments.
10. Notices. All notices shall be by certified mail, return receipt requested, to the
following persons at the following addresses:
If to Landlord: City of Tamarac
7525 N.W. 88t' Avenue
Tamarac, FL 33321
Attn: City Manager
With a copy to: Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Ft. Lauderdale, FL 33308
Attn: Samuel S. Goren, Esq.
If to Tenant: Prestige Homes of Tamarac, Inc.
11784 West Sample Road, Suite 101
Coral Springs, FL 33065
With a copy to: George W. Mathews III, Esq.
1325 S. Congress Avenue, Suite 104
Boynton Beach, FL 33426
11. Non -disturbance. During the Lease Term, Tenant's right of possession shall not
be disturbed or impaired.
12. Signs. Tenant may display signs on the Premises as it may desire provided said
signs do not violate any law, regulation or ordinance.
13. Governing Law. The parties hereto expressly agree that this Agreement shall be
construed in accordance with the laws of the State of Florida.
14. Attorne 's Fees. In the event of any litigation arising out of any of the terms or
provisions of this Agreement, the prevailing party shall be entitled to recover all costs and
expenses incurred, including reasonable attorney's fees at all trial and appellate levels.
15. Section Headings. The several section headings of this Agreement are inserted
for convenience only and shall be ignored in interpreting the provisions of this Agreement.
16. Severability. Should any court of competent jurisdiction deem any provision or
clause of this Agreement to be illegal, invalid, or unconscionable and unenforceable, such
provision or clause shall be fully severable from this Agreement and, in its place, there shall be
added to this Agreement a similar provision as near in intent as possible but which is not illegal
or unconscionable, and this Agreement shall be construed and interpreted as if such illegal,
invalid, or unconscionable and unenforceable provision or clause had never comprised a part of
this Agreement.
17. Multiple Counterparts, This Agreement may be executed in multiple
counterparts, each of which shall constitute collectively one Agreement.
18. Entire Agreement/Modification. This Agreement constitutes the entire
Agreement between the parties and supersedes all prior agreements, addendums,
amendments, or understandings which existed between the parties. Unless otherwise stated in
this Agreement, this Agreement may be modified only by writing which is signed by both of the
parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year first above written.
TENANT
PRESTIGE HOMES OF TAMARAC, INC.,
a Florida corporation
i'
By: _
Bruce Chait, President
LANDLORD
CITY OF TAMARAC, FLORIDA
VA
W/ EA,
This instrument prepared by
and return to:
Gerald L. Knight
Billing, Cochran, Lyles, Mauro & Ramsey, P.A.
515 East Las Olas Boulevard, 6"' Floor
Fort Lauderdale, Florida 33301
AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
THIS AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS (the
"Amendment") is entered into this day of , 2008, by PRESTIGE
HOMES OF TAMARAC, INC., a Florida corporation, whose address is 11784 W. Sample
Road, Suite 101, Coral Springs, Florida 33065 (the "Declarant").
WITNESSETH:
WHEREAS, Declarant entered into that certain Declaration of Restrictive Covenants
dated July 30, 2007, recorded at O. R. Boole 44460, Page 1653, Public Records of Broward
County, Florida (the "Declaration"), relating to the real property described in Exhibit "A"
attached hereto (the "Property"); and
WHEREAS, Declarant wishes to amend the Declaration;
NOW, THEREFORE, Declarant hereby declares as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
2. Paragraph 3 of the Declaration is hereby deleted in its entirety.
3. Exhibit "B" of the Declaration is hereby deleted in its entirety.
4. Paragraph 4 of the Declaration is hereby amended to read as follows:
4. Prior to the issuance of the first building permit by City for the
construction or erection of the first residential unit on Property, Declarant
shall:
(a) convey to City, on the Plat of the Property, that property described
in Exhibit "C" attached hereto and incorporated herein ("Park Property"),
to be used as public park and recreation land or for other municipal
purposes;
(b) convey to City, on the Plat of the Property , that property described
in Exhibit "D," attached hereto and incorporated herein ("Fire Station
Property"), to be used by -City for a fire station or for other municipal
purposes;
(c) pay off the remainder of the homeowners association recreational
lease for Maintands Section b; and
(d) provide to each of the homeowners association for Mainlands
Sections G and 7 the amount of Two Hundred Thousand Dollars
($200,000.00) to be utilized by the individual associations for those
purposes established by each association's membership.
5. Paragraph 7 of the Declaration is hereby amended to read as follows:
7.(a) Prior to the issuance of the first certificate of occupancy for a
residential unit within the Property, Declarant shall upgrade the City's
water and sewer system in the vicinity of the Property at Declarant's
expense up to One Hundred Twenty Five Thousand Dollars
($125,000.00).
(b) Declarant shall provide to the City the amount of Five Hundred
Thousand Dollars ($500,000.00) to be used by the City for municipal
purposes, such amount to be paid in installments prior to the issuance of
each certificate of occupancy for a residential unit constructed on the
Property at the rate of $1,008 for the first 495 units and $I,040 for the
496"' unit,
G. As amended hereby, the Declaration shall remain in full force and. effect. In the
event of any conflict between the provisions of the Declaration and the provisions of this
Amendment, the provisions of this Amendment shall prevail.
7. This Aniendnlent may be executed in any number of counterparts, each of which
will be deemed to be an original, and all of such counterparts will constitute one Amendment.
The signature of any party to any counterpart may be appended to any other counterpart.
IN WITNESS WHEREOF, the Declarant has executed this Amendment on the date
stated above.
Pa
WITNESSES: DECLARANT:
PRESTIGE BIOMES OF TAMARAC, INC., a
Florida corporation
(Please print name)
Name:
Title:
(Please print name)
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of
, 2008, by of Prestige Homes of
Tamarac, Inc., a Florida corporation, on behalf of said corporation, who is personally known to
me, or has produced as identification.
NOTARY PUBLIC
(Seal)
My commission expires: Print name:
APPROVAL OF CITY OF TAMARAC
The City of Tamarac, Florida, acting by and through its City Commission, which approved this
Amendment to Declaration of Restrictive Covenants on , 2008, signing by and
through its Mayor, does hereby join in. and consent to this Amendment to Declaration. of
Restrictive Covenants.
ATTEST: CITY OF TAMARAC, a municipal corporation of
the State of Florida
City Clerk
(Seal)
M
Mayor
Date: , 2008
Approved as to form. and legal sufficiency:
Samuel S. Goren, City Attorney
APPROVAL OF BROWARD COUNTY
Broward County, a political subdivision of the State of Florida, acting by and through its Board
of County Commissioners, which approved this Amendment to Declaration of Restrictive
Covenants on , 2009, signing by and through its Mayor, does hereby
join in and consent to this Amendment to Declaration of Restrictive Covenants.
Attest:
County Administrator and
Ex-Officio Clerk of the Mayor
Board of County Commissioners
of Broward County, Florida
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
LIM
Mayor
Date:
Approved as to form by
Office of County Attorney
Broward County, Florida
Governmental Center, Suite 423
1.1.5 South Andrews Avenue
:Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Tetecopier: (954) 357-6968
By
Assistant County Attorney
112
EXHIBIT "A"
Description of Property
(PARCEL A)
A PORTION OF TRACTS 4 AND 5 OF FORT LAUDERDALE TRUCK FARMS
SUBDNISION" OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST,
BROWARD COUNTY, FLORIDA. AS RECORDED IN PLAT BOOK 4, PAGE 31,
OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION
13;THENCE SOUTH 89009'25" EAST. ALONG THE NORTH LINE OF SAID
SECTION 13, A DISTANCE OF 375.06 FEET; THENCE SOUTH 00013'00"
EAST, A DISTANCE OF 67.01 FEET, TO THE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE CONTINUE SOUTH 00013'00" EAST, A DISTANCE
OF 1345.52 FEET; THENCE SOUTH 89047'00" WEST. A DISTANCE OF
325.00 FEET; THENCE SOUTH 00*13'00' EAST, ALONG A LINE 50.00 FEET
EAST OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO,
THE WEST LINE OF SAID SECTION 13. A DISTANCE OF 960.00 FEET, TO A
POINT ON THE NORTH RIGHT-OF-WAY LINE OF N.W. 50TH STREET, AS
SHOWN ON THE PLAT "THE MAINLANDS OF TAMARAC LAKES 6TH
SECTION", AS RECORDED IN PLAT BOOK 65, PAGE 46, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, (SAID POINT BEING
FURTHER DESCRIBED AS BEING ON THE ARC OF A CIRCULAR CURVE TO
THE LEFT, WHOSE RADIUS POINT BEARS NORTH 89"47'00" EAST, FROM
THE LAST DESCRIBED POINT); THENCE. SOUTHERLY AND EASTERLY
ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A
CENTRAL ANGLE OF 90000'00" AND AN ARC LENGTH OF 39.27 FEET TO
THE POINT OF TANGENCY; THENCE NORTH 89"47'00" EAST, A DISTANCE
OF 175.00 FEET, THE LAST TWO DESCRIBED COURSES BEING
COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE OF N.W. 50TH
STREET; THENCE NORTH 00*1T00" WEST, A DISTANCE OF 505.00 FEET,
TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT;
THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE
HAVING A RADIUS OF 135.00 FEET, A CENTRAL ANGLE OF 90"00'00" AND
AN ARC LENGTH OF-212.06 FEET, TO THE POINT OF TANGENCY; THENCE
NORTH 89'47'00" EAST, A DISTANCE OF 265.00 FEET, THE LAST THREE
DESCRIBED COURSES BEING COINCIDENT WITH THE WESTERLY AND
NORTHERLY BOUNDARY LINES OF BLOCK 118, OF SAID PLAT OF "THE
MAINLANDS OF TAMARAC LAKE 6TH SECTION"; THENCE NORTH 00°13'00"
WEST, ALONG THE WESTERLY LINE OF LOT 1, BLOCK 118, OF SAID PLAT
"THE MAINLANDS OF TAMARAC LAKES 6TH SECTION", AND THE
NORTHERLY PROJECTION OF THE WESTERLY BOUNDARY LINE OF
BLOCK 107 OF SAID PLAT "THE MAINLANDS OF TAMARAC LAKES 6TH
SECTION", A DISTANCE OF 1549.41 FEET; THENCE NORTH 89047'00" EAST,
A DISTANCE OF 90.00 FEET; THENCE NORTH 00013'00" WEST, A
DISTANCE OF 116.82 FEET; THENCE NORTH 44*41'13" WEST, A DISTANCE
OF 25.03-FEET; THENCE NORTH 89"09'25" WEST, ALONG A LINE 67.00
FEET SOUTH OF, AND PARALLEL,WITH, AS MEASURED AT RIGHT ANGLES
TO, THE NORTH LINE OF SAID SECTION 13, A DISTANCE OF 347.52 FEET,
TO THE POINT OF BEGINNING. CONTAINING 16.5314 ACRES, MORE OR
LESS.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
(PARCEL B)
A PORTION OF TRACTS 2, 3, 4, 5, 6 AND 12, OF "FORT LAUDERDALE
TRUCK FARMS SUBDIVISION" OF SECTION 13, TOWNSHIP 49 SOUTH,
RANGE 41 EAST, BROWARD COUNTY, FLORIDA, AS RECORDED IN PLAT
BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 13;
THENCE SOUTH 89009'25" EAST, ALONG THE NORTH LINE OF SAID
SECTION 13, A DISTANCE OF 784.12 FEET; THENCE SOUTH 00013'00"
EAST, A DISTANCE OF 85.48 FEET, TO THE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE CONTINUE SOUTH 00013'00" EAST, A DISTANCE
OF 242.68 FEET; THENCE SOUTH 89°09'25" EAST, A DISTANCE OF 967.55
FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE
RIGHT; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 626.93 FEET, A CENTRAL ANGLE OF
50°36'05° AND AN ARC LENGTH OF 563.68 FEET, TO THE POINT OF
TANGENCY; THENCE SOUTH 38°33'14" EAST, A DISTANCE OF 101.04
FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE
RIGHT; THENCE EASTERLY AND SOUTHERLY AND WESTERLY ALONG
THE ARC OF SAID CURVE HAVING A RADIUS OF 145.00 FEET, A CENTRAL
ANGLE OF 76050'37" AND AN ARC LENGTH OF 194.47 FEET, TO THE POINT
OF TANGENCY; THENCE SOUTH 38"17'30" WEST, A DISTANCE OF 2596.07
FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE
LEFT, THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 950.00 FEET, A CENTRAL ANGLE OF
35°56'40" AND AN ARC LENGTH OF 595.98 FEET, TO A POINT ON THE ARC
OF A CIRCULAR CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS
SOUTH 36°16'32" WEST, FROM THE LAST DESCRIBED POINT; THENCE
SOUTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF
230017'12" AND AN ARC LENGTH OF 502.40 FEET, TO A POINT OF
COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A
RADIUS OF 1150.00 FEET, A CENTRAL ANGLE OF 37"06'41" AND AN ARC
LENGTH OF 744.87 FEET; THENCE NORTH 51°42'30" WEST, A DISTANCE
OF 25,36 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR -CURVE
TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 520.00 FEET, A CENTRAL ANGLE OF
48°03'10" AND AN ARC LENGTH OF 436.11 FEET, THE LAST SIX
DESCRIBED COURSES BEING COINCIDENT WITH'THE BOUNDARY OF
"THE MAINLANDS OF TAMARAC LAKES 6TH SECTION", AS RECORDED IN
PLAT BOOK 65, PAGE 46, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA; THENCE SOUTH 89°47'00" WEST, A DISTANCE OF
175.94 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO
THE LEFT; THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF
SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF
90°00'00" AND AN ARC LENGTH OF 39.27 FEET, TO THE. POINT OF
TANGENCY, THE LAST TWO DESCRIBED COURSES BEING COINCIDENT
WITH THE SOUTHERLY BOUNDARY OF N.W. 50TH STREET, AS SHOWN
ON SAID PLAT'THE MAINLANDS OFTAMARAC LAKES 6TH SECTION%
THENCE SOUTH 00013' 00" EAST, ALONG A LINE 50.00 FEET EAST OF, AND
PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE
OF SAID SECTION 13, A DISTANCE OF 174.48 FEET, TO A POINT ON THE
NORTH LINE OF SAID TRACT 12; THENCE NORTH 89'15'42" WEST, ALONG
THE NORTH LINE OF SAID TRACT 12, A DISTANCE OF 10.00 FEET;
THENCE SOUTH 00"1T00" EAST, ALONG A LINE 40.00 FEET EAST OF, AND
PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE
OF SAID SECTION 13, A DISTANCE OF 1320.00.FEET, TO A POINT ON THE
SOUTH LINE OF SAID TRACT 12; THENCE SOUTH 89915'42" EAST, ALONG
THE SOUTH LINE OF SAID TRACT 12, A DISTANCE OF 384.22 FEET, TO A
POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, WHOSE
RADIUS POINT BEARS SOUTH 64047'25" EAST, FROM THE LAST
DESCRIBED POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 7789.44 FEET, A CENTRAL ANGLE OF
13004'55" AND AN ARC LENGTH OF 1778.52 FEET TO THE POINT OF
TANGENCY; THENCE NORTH 38*17'30" EAST, A DISTANCE OF 2088.09
FEET, THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH
THE WESTERLY RIGHT -OF --WAY LINE OF THE SUNSHINE STATE
PARKWAY; THENCE NORTH 33°56'43" WEST, A DISTANCE'OF 601.27 FEET;
THENCE NORTH 41*5419" EAST, A DISTANCE OF 8.00 FEET, TO A POINT
ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS
POINT BEARS SOUTH 41*54'19" WEST, FROM THE LAST DESCRIBED
POINT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE HAVING A
RADIUS OF 887.93 FEET, A CENTRAL ANGLE OF 41 °03'44" AND AN ARC
LENGTH OF 636.35 FEET, TO THE POINT OF TANGENCY; THENCE NORTH
89"09'25" WEST, ALONG A LINE 67.00 FEET SOUTH OF, AND PARALLEL
WITH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID
SECTION 13, A DISTANCE OF 953.91 FEET; THENCE SOUTH 45°18'48"
WEST, A DISTANCE OF 25.87 FEET TO THE POINT OF BEGINNING.
CONTAINING 44.3913 ACRES, MORE OR LESS.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
(PARCEL C)
A PORTION OF TRACTS 13, 14 AND 15 OF SECTION 12, TOWNSHIP 49
SOUTH, RANGE 41 EAST, AND A PORTION OF TRACTS 2 AND 3 OF
SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AND THE RIGHT-OF-
WAY ADJACENT THERETO, ACCORDING TO THE PLAT THEREOF, OF
"FORT LAUDERDALE TRUCK FARMS SUBDIVISION", AS RECORDED IN
PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, . BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
(PARCEL C SOUTH)
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12;
THENCE SOUTH 89009'25" EAST, ALONG THE SOUTH LINE OF SAID
SECTION 12, A DISTANCE OF 653.01 FEET; THENCE NORTH 00*13'45"
WEST, ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SECTION
12, A DISTANCE OF 60.01 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE NORTH 00°13'45" WEST, A DISTANCE OF 805.38 FEET TO A
POINT OF THE ARC OF A CIRCULAR CURVE TO THE LEFT WHOSE RADIUS
POINT BEARS NORTH 61"05'62" EAST FROM THE LAST DESCRIBED
POINT; THENCE ALONG THE BOUNDARY OF "THE MAINLANDS OF
TAMARAC LAKES SEVENTH SECTION", AS RECORDED IN PLAT BOOK 68,
PAGE 4, OF SAID PUBLIC RECORDS, THE FOLLOWING EIGHT (8)
COURSES: SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG
THE ARC OF SAID CURVE, HAVING A RADIUS OF 120.00 FEET AND A
CENTRAL ANGLE OF 114°34'09", AN ARC DISTANCE OF 239.95 FEET;
THENCE SOUTH 89009'25" EAST, A DISTANCE OF 775.53 FEET; THENCE
SOUTH 00050'35" WEST, A DISTANCE OF 276.77 FEET; THENCE NORTH
89009'25' WEST, A DISTANCE OF 509.68 FEET, TO THE POINT OF
CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY
AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF
155.00 FEET, A CENTRAL ANGLE OF 51 °49'54" AND AN ARC LENGTH OF
140.22 FEET, TO THE POINT OF TANGENCY; THENCE SOUTH 39°00'41"
WEST, A DISTANCE OF 162.33 FEET, TO THE POINT OF CURVATURE OF A
CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY AND SOUTHERLY
ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 155.00 FEET, A
CENTRAL ANGLE OF 38010'06" AND AN ARC LENGTH OF 103.26 FEET, TO
THE POINT OF TANGENCY; THENCE SOUTH 00050'35" WEST, A DISTANCE
OF 235.38 FEET; THENCE NORTH 89009'25" WEST, ALONG A LINE 60.00
FEET NORTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT
ANGLES TO, SAID SOUTH LINE OF SECTION 12, A DISTANCE OF 197.12
FEET TO THE POINT OF BEGINNING.
(PARCEL C NORTH)
COMMENCING AT THE AFOREMENTIONED POINT OF BEGINNING;
THENCE NORTH 00"13'45" WEST, ALONG SAID LINE PARALLEL TO THE
WEST LINE OF SECTION 12, A DISTANCE OF 920.53 FEET TO THE POINT
OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH
00°13'45" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 334.47
FEET; THENCE SOUTH 89°09'25" EAST, ALONG A LINE 5,00 FEET SOUTH
OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE
NORTH LINE OF SAID TRACTS 13, 14 AND 15, A DISTANCE OF 3308.21
FEET, TO THE EAST LINE OF SAID TRACT 15; THENCE SOUTH 00*12,55"
EAST, ALONG THE EAST LINE OF SAID TRACT 15, A DISTANCE OF 381.98
FEET; THENCE SOUTH 44°01'43" WEST, A DISTANCE OF 197.50 FEET;
THENCE SOUTH 77027'33" WEST, A DISTANCE OF 174.15 FEET; THENCE
NORTH 78"34'08" WEST, A DISTANCE OF 369.90 FEET; THENCE SOUTH
52055'08" WEST, A DISTANCE OF 276.97 FEET; THENCE SOUTH 27°01'40"
WEST, A DISTANCE OF 358.82 FEET; THENCE SOUTH 39057'13" NORTH, A
DISTANCE OF 684.60 FEET; THENCE NORTH 47°52'28" WEST, A DISTANCE
OF 43.27 FEET; THENCE SOUTH 41°54'19" WEST, A DISTANCE OF 15.00
FEET TO AN INTERSECTION WITH THE ARC OF A CIRCULAR CURVE TO
THE LEFT, WHOSE RADIUS POINT BEARS SOUTH 41054'19" WEST, FROM
THE LAST DESCRIBED POINT; THENCE NORTHERLY AND WESTERLY
ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1014.93 FEET, A
CENTRAL ANGLE OF 41 "03'44" AND AN ARC LENGTH OF 727.37 FEET, TO
THE POINT OF TANGENCY; THENCE NORTH 89009'25" WEST, A DISTANCE
OF 9.75 FEET; THENCE ALONG THE BOUNDARY OF SAID "THE
MAINLANDS OF TAMARAC LAKES SEVENTH SECTION", THE FOLLOWING
THIRTEEN (13) COURSES: NORTH 00°50'35" EAST, A DISTANCE OF 603.00
FEET; THENCE NORTH 89°09'25" WEST, A DISTANCE OF 90.00 FEET;
THENCE NORTH 00°5V35" EAST, A DISTANCE OF 191,77 FEET, THENCE
SOUTH 89°0925" EAST, A DISTANCE OF 363.00 FEET; THENCE SOUTH
00050'35" WEST, A ❑ISTANCE OF 323.00 FEET, TO A POINT OF
CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY
AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF
310.00 FEET, A CENTRAL ANGLE OF. 60°00'00" AND AN ARC LENGTH OF
324.63 FEET, TO THE POINT OF TANGENCY; THENCE SOUTH 59°09'25"
EAST, A DISTANCE OF 293.00 FEET, TO THE POINT OF CURVATURE OF A
CIRCULAR CURVE TO THE LEFT; THENCE SOUTHEASTERLY AND
NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS
OF 135.00 FEET, A CENTRAL ANGLE OF 116"26'13" AND AN ARC LENGTH
OF 274.35 FEET, TO THE POINT OF REVERSE CURVATURE OF A
CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY AND EASTERLY
ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 720.00 FEET, A
CENTRAL ANGLE OF 43033'39" AND AN ARC LENGTH OF 647.40 FEET, TO
THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE
LEFT; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF
31041'55" AND AN ARC LENGTH OF 121.71 FEET, TO A POINT ON THE ARC
OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT BEARS
NORTH 19016'00" EAST, FROM THE LAST DESCRIBED POINT; THENCE
EASTERLY, NORTHERLY AND WESTERLY ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF
198D25'25" AND AN ARC LENGTH OF 416.58 FEET, TO THE POINT OF
TANGENCY; THENCE NORTH 89"09'25" WEST, ALONG A LINE 275.00 FEET
SOUTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO,
THE NORTH LINE OF SAID TRACTS 13,14 AND 15, A DISTANCE OF 2210.00
FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE
LEFT; THENCE WESTERLY, SOUTHERLY AND EASTERLY ALONG THE ARC
OF SAID CURVE HAVING A RADIUS OF 120.00 FEET, A CENTRAL ANGLE
OF 62°23'57", AN ARC LENGTH OF 130.69 FEET TO THE POINT OF
BEGINNING. CONTAINING 48.109 ACRES, MORE OR LESS.
SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY,
FLORIDA, AND CONTAIN 109.031 ACRES, MORE OR LESS.