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Home My WebLink AboutCity of Tamarac Resolution R-98-3611 Temp. Reso. #8473 November 30, 1998 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- 26I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING PROPOSED SETTLEMENT OF THE CITY OF TAMARAC VS. SANI-PIP CORPORATION, ET AL. (97-13076CA-09) EMINENT DOMAIN LAWSUIT AUTHORIZING ALL NECESSARY ACTION TO SETTLE THE LAWSUIT CONSISTENT WITH THE MEMORANDUM OF SETTLEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. R-97-186, the City Commission of the City of Tamarac authorized the appropriate city officials to initiate an action of eminent domain to condemn real property owned by Sani-Pip Corporation to secure land for the ultimate construction of Hiatus Road; and WHEREAS, the parties held a Mediation Conference on November 12, 1998; and WHEREAS, the parties have negotiated a settlement of this action subject to City Commission approval; and WHEREAS, subject to the terms of this settlement, the City will be acquiring 29,053 square feet of property, which is the property needed for the actual construction of Hiatus Road, as well as an additional 7,261 square feet of property located adjacent to the Hiatus Road corridor resulting in the City acquiring 36,314 square feet for Sixty Five Thousand Dollars ($65,000); and 2 Temp. Reso. #8473 November 30, 1998 WHEREAS, the Settlement Agreement provides for a reduction from the statutory amount of attorneys' fees to Ten Thousand Dollars ($10,000) for said attorneys' fees; and WHEREAS, the Sixty Five Thousand Dollars ($65,000) payment will be inclusive of interest and exclusive of reasonable costs; and WHEREAS, available funds exist in the Trafficways Improvement Fund for said purpose; and WHEREAS, the City Attorney, the Assistant City Manager, the Community Development Director and Special Counsel recommend approval of the eminent domain lawsuit consistent with the Memorandum of Settlement; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interests of the citizens and the residents of the City of Tamarac to settle the City of Tamarac vs. Sani-Pip Corporation, et al., eminent domain lawsuit consistent with the terms contained in the Memorandum of Settlement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Commission of the City of Tamarac approves the proposed settlement of the City of Tamarac vs. Sani-Pip Corporation, et al., 97-13076CA- 09, and authorizes all necessary action to settle the lawsuit consistent with the 3 Temp. Reso. #8473 November 30, 1998 Memorandum of Settlement attached hereto as Exhibit "A". SECTION 3: 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 4: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this " day of 998. 1 ATTEST: CAROL GOLD CITY CLERK I HEREBY CERTIFY that I have approved this R SOLUTION as to form. MITCHELL S. FT CITY ATTORNEY 1 z- RECORD OF COMMIS MAYOR SCHREIBER DIST 1: Cg' IM- MGKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: C.M. ROBERTS EXHIBIT "A" �J j IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA CASs, NUMBER: � �I `77 - � �_4 c ) MEMORANDUM OF SETTLEMENT THIS CAUSE, having been submitted to mediation before KENNETH ZARRILLI, Mediator, upon Order of the above -styled Court and/or stipulation between the parties, it is hereby stipulated and agreed bet�wween said parties that settlement has been reached as follows: != T; ric_E,e /!L Lac."' �4• '�' C_/� //t.' = /` x5/ fi'-i�•,i �XCGc.•� /4'�, n ,?� Ti �iG>•v •�2 S"f/•4« %'i�� /G , c�c =•�' %C' ��,` Fc.w, ,�� i S /•! %'�/t Sore c. ,�' c 2 / SC:, c �f�= r � � i 14 F/%2) tic CCSi sD fwES A Ssac ; �; Zxc�Rr 5,d5,C46,cs-1 , Dated this %Z2f( % z day of G�•c�:6. r,G-2 i� Y •/ 19 ;7 �7, at nse for aintiff Counsel fcr Defendant J Plaintiff Defendant fl�2cv•�� OF C7! %�r�tA,�•c �'c�/ , ,/�.✓ /�,�v� i,YE. �J% / TT.E.v j{-��i2 c c'-t c' r =� : v J .1.ti. ,"` ; /, �.� ! /Z S J f 1372 North Univaraily Drive 5rPSNER & ASSOCIATES, Inc. I/RVEYORS - PLANNERS Plantation, Florida 33322 Le, a633 SKETCH AND DESCRIPTION OF HIATUS. ROAD, SANIPIP PARCEL LAND ,SECTION 7 CITY OF TAMARAC, FLORIDA DESCRIPTION: A PARCEL OF LAND BEING A PORTION OF THE EAST ONE-HALF (L1/2) OF TRACT S, IN SECi1CN 7, TOWNSHIP 49 SOUTH. RANGE 41 EAST, FLMDA FRUIT LANDS COMPANY'S SUBDIVISION HAP 140, 2, AOCCRDWO TD THE PLAT 1HERfDF RECORDET7 IN PUT BOOK 1, PACE 41 OF THE PUBLIC RECORDS Ci PALM BEACH COUNTY. FLORIDA. SAID PARCEL BONO NLYRE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHNEST CORNER OF THE NORTHEAST ONE -QUARTER (N.E.1/4) OF SAID SECTION 7: THENCE N,0910'S4'E., ALONG THE SOUTH LINE OF THE SAID NORTHEAST ONE -QUARTER (N,L1/4) A DISTANCE THE 1KST LINE OF THE SAID EAST ONE-HALF (LI/2) OF TRACT 5: OF 530.03 FEET TO A POINT ON THENCE N.0034'43-W., ALONG SAID WEST LINE A DISTANCE Of 143 25 FEET TO A PO PR Tel. (954) 370-1880 Fax (954) 370--1883 MCNAS ROAD OP05ED ALIGNMENT OF HIATUS ROAD. SAID POINT AtW BONO ME POINT Of BEQNMING: INC WESTERLY RIGHT-OF-WAY LINE Of THE THENCE CONTINUE N.00-J4'4a'W., ALONG SANG WEST LINE A DISTANCE Of 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY ERNE OF (-OCATION MAN' THE PROPOSED AI3OINUENT OF wATUS ROAD: N•E• QUARTER SECTION 7-49-41 NOT TO SCALE THENCE S.4224'13'L, ALONG SAID EASTERLY RICHy_OF-WAY LINE A DISTANCE OF 230.57 FEET TO A POINT CM THE ARC OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST. THENCE SOUTHEASTERLY ALONG THE ARC Or SAID CURVE TO THE RIGHT. HAVING A CENTRAL ANGLE OF 00'20'03' AND A RADIUS OF JOD0,00 FM FOR AN ARC DISTANCE Of 140,82 FEET TO A POINT ON A NON-TANCENT LINE, SAID POINT ALSO BONO A POINT ON A LINE 15,DD FEET NORTH OF AND PARALL1 WITH THE SAID SOUTH LINE OF THE NORTHEAST ONE -QUARTER (N.L1/4): THENCE 5.0019'34'W: ALONG SAID PARALLEL LINE A DISTANCE Of 130.40 FEET TO A POINT ON THE SAID WESTERLY RIGHT-OF-WAY LINE OF THE PROPOSED ALJO414ENT CF HIATUS ROAD, SAID POINT ALSO BONO A POINT ON THE ARC OF A NON-TANCENT CURVE CONCAVE TO THE SOUTHWEST. HAVING A CHORD BEARING OF HL40'31'O4'W,. THENCE NORIHWESTMLY ALONG THE ARC OF SAID CURVE TO THE LIFT, HAVING A CENTRAL ANGLE OF 03*40'11, AND A RADIUS OF 902.00 FEET FOR AN ARC DISTANCE OF 59,34 W TO A POINT OF TANGENCY: THENCE M.4224'13'W.. ALONG SAID WESTERLY RIO7NT-CF-WAY LINE A DISTANCE Or 110.82 FEET TO THE POINT OF BEDINNWQ LESS.lAfo SITUATE WITHIN THE CITY Cr TAMAMC, BROWARD COUNTY, FLORIDA CONTAINING 0.0070 ACRES (20.053 SQUARE FEET. MORE OR SCALE • . i za--- � N. LINE TRACT 0 • 30 40 ..4 i40 \ CIIAPNC SCALE I (NOT INCLUDED) ` h 4"- r CAPLAN PARCEL `\. �\�".\P(01, (NOT INCLUDED) I-'% I ' \ : v\` \, , iiLi �H. LINE Or THE S.W. 1/4 O' TRACTS \ REMAINDER OF SANIPIP PARCEL (NOT INCLUDED) � `Cp P n NA v u � A REMAINDER OF Qa, ?'f� A % LWIN PARCEL iltf, k�10 .dam (NOT INCLUDED) zzz222� j POINT OF �S. LINE TRACT 5I H• _ 1 . _ . m POINT OF COMMENCEMENT S.W. CORNER OF THE N.E. 1/4 OF SECTION 7-49-41 D 30' R/W PER PLAT BOOK 1, PACE 102. PALM BEACH 1 4Q COUNTY RECORDS TRACT 33 'FLORIDA FRUIT LANDS COMPANY-S SWOIVISIDN NO, 2' FLAT GOOK 1, PAOE 103, PALM BEACH COUNTY RECORDS L UNE OF N.L1/4, SEC710H 7-4p.. 1 IR TOTE'• Curti rmmbw LEG01> I CWw nVmbw 2 1. BEARINGS SHOW" NEAEON ARE BASED ON THI: STONER/kE1TN RESURVEY RECCWD[0 IN WSC[LLANECUS PLAT BOOK 3, PACE 44 OF TINE PUBLIC RECORDS U.E.......... """.U7TUTY EASEMCNT _ Rodium 0000,00 RWIG- - 100,03, Rodlu4-- 002.00 -- OF BROWARD COUNTY, FLORIDA, Are- 140.02 DNI4- V302,00 2. MC PROPERTY SNOW" HEREON WAS NOT ABSTRACTED FOR QWHERSMIP. RIGHTS -OF -WAY, CASEMENTS OR O1MER MATTERS OF RECORD. R �, ...". '•.. '"" ...RIGHT -CIF -WAY • .CENTERLINE TWnpMrLR- 73,44 LYIWd- 140.40 Chwd Br•, S,3014'12'E. Arc- 59,34 Aun-Hwd« 29.00 Chord- 59,33 3. THIS SKETCH DOES HOT REPRESENT A FIELD SURVEY (THIS IS NOT A SUR— ll) ". 'CURVE NUMDER Chwd Brg, N.40'31'00'w. CfRT>w1CATE: 1, CAh+S IS 10 CCA TLry rHAT THC SKETCH AND LEGAL OCSCRWI\ON SNOW" HEREON IS ACGUAATE AND CORRECT TO THC BEST OF MY APTE THAN T-6. AD LEGAL O(SnVC COOL h$V,, MC 111HNVu TECHNICAL STANDARDS SET FORTH BY THE FLORIDA B0, CNN'TDI 4HG17-4, FLORIDArL1uD•DAWNS TRAhK COOL PUFSVANI i0 sCCTICM 412.07. TLOMOA STATUTE; , \ AMES D. STONER FROetsoK LAND SURVEYOR 3• - 5 •Iowa N CR'pH 3/1•/07 LD.S, J.P.S. SHEET 1 OF 1 i DGC AR• BEUEJ'. I FURRIEN P PROFESSIONµ L ND SURVEYORS IN rY1 SF'AL Not 17WD UNLESS SEALED HERE WITH 1 OF /LOROA AN t,41j0$SED N SURVEYOR'S SEAL y4 r eooR O7 NONE