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HomeMy WebLinkAboutCity of Tamarac Resolution R-85-208Introduced by. L�� 2t, Temp. #3631 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-85-o,-20 A RESOLUTION APPROVING STIPULATION 18 TO CASE NO. 72-11731 WITH GLEN QUESENBERRY; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAME; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Stipulation 18 to Case No. 72-11731 with GLEN QUESENBERRY, successor in interest to Leadership Housing System, Inc., and Simon Zunamon,. as Trustee, for Lot 11 of Blocic 35, MCNab Commercial Subdivision No. 2, is HEREBY APPROVED AND ACCEPTED, a copy of said Stipulation being attached hereto as Exhibit "A". SECTION 2: That the appropriate City officials are hereby authorized to execute this Stipulation on behalf of the City. The City Attorney is authorized and instructed to submit this Stipula- tion to the Court for approval. SECTION 3: upon adoption. This Resolution shall become effective immediately PASSED, ADOPTED AND APPROVED this day of 1985. ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correct - of ) -of thi Resolution. � , 1W4 &_ �L�' - MAYOR - - RECORD OF COUNCIL VOTE MAYOR: KRAVITZ DIST 4: C/M STEIN DIST 3: C/M GOTTESMAN DIST 2. C/M MUNITZ � DIST 1: VIM_MASSARO 11122 LEADERSHIP HOUSING SYSTEMS ) INC., AND SIMON ZUNAMON, as ) Trustee, ) Plaintiffs, ) VS. ) THE CITY OF TAMARAC, a ) municipal corporation, ) Defendant. ) COMES NOW, GLEN QUESENBERRY IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 72-11731-CZ (Weissing) ��0 ' O . as Owner and Developer, with a principal business address of 190 Pine Knoll Lane, SE, Eatonton, GA 31024, and the City of Tamarac, Defendent, as directed and approved by the Tamarac R�sac.vr,c..� k-sr_,�o8 City Council, bye&at its Jce-ilT C;�74�_ 1985 meeting, and file this their Stipulation and state as follows: 1. That Glen Quesenberry is the owner and developer of a parcel of land which lies within Land Sections 4, 5 and 6 in the City of Tamarac, and therefore as successor to the Plain- tiff is a proper party to this Stipulation. 2. The developer has requested a redemption center (such as S&H Green Stamps) use on a parcel which currently has a B-6 zoning designation as defined by the Tamarac City Code. 3. The legal description of the property which is the subject of this Stipulation is: LOT 11 OF BLOCK 35, MCNAB COMMERCIAL SUBDIVISION NO. 2, according to the plat thereof, as recorded in Plat Book 73, Page 28 of the Public Records of Broward County;, Florida. Said land situate, lying and being in Broward County, Florida. (A location sketch is attached as Exhibit A.) 4. The developer and the City have agreed that the property which is the subject of this Stipulation shall be developed in compliance with all requirements of Tamarac City -1- Code as amended from time to time unless othe.,,iise indicated below: a. A sea-wall is not required to be built along the canal at the east property line. The canal bank shall be sloped as provided in the Tamarac City Code, as amended from time 'to time. b. The canal shall be dug to the property line. Developer shall not be required to refill portions of the canal that are over dug as of the date of execution, indicated below. C. In addition to the uses permitted by city code, it is further agreed that the land may be developed as a trading stamp redemption center. d. The one way entry and exit drives at McNab Road shall be built 18 feet wide. e. The dumpster enclosure shall be built in the west side yard set -back. 5. Both parties agree to use reasonable and due diligence and good faith efforts to carry forth the terms of this Stipu- lation as contained herein. 6. This Stipulation may be filed in the above -captioned cause by any party, ex-parte, for the entry of an appropriate order ratifying and confirming the terms hereof. 7. All rights and liabilities herein given to or imposed on either or the parties hereto shall extend to their respec- tive heirs, executors, administrators, successors and assigns. This document shall be recorded in Public Records of Froward County and shall have the force and effect of a deed restric- tion on the parcel of land. Prepared on behalf of the parties by: CITY OF T1IMARAC Jon M. Henning 5811 Northwest 88 Avenue Tamarac, Flori a 33321 Telephone (300 722-5900 ;.io xP7G, E Q 1 3 1-1 -2- Agreed and stipulated to by: 1 Wit Wit ATTEST: CITY CLER (SEAL) Approved as o form: 1189042985/t -3- GLEN QUESENBERRY (Successor in interest to the Plantiff) Bit Dat CITY OF TAM RAC, Defendant i -.F A .- � MAY ITATE OF FLORIDA SS: 10ONTY OF BROWARD Before me personally appeared GLL-`NN :) me well known and known to me to be the person(s) described in and who xecuted the foregoing instrument, and acknowledged to and before me that tecuted said instrument for the purposes therein expressed. WITNESS my hand and I.D. 19 �,,,•. official seal, this ?6- day of w,4jL Notary Public State of Florida at Large NOTARY ►IIIIIC STATE OF its"r. My commission expires: NOTAIK CMICS11.1 `Y.• k,,, , 8#WV THAN .. JrATE OF FLORIDA SS: NTY OF BROWARD Before me personally appeared me well -'known -land known to mirto be the perso s) eescribed in and who :ecuted the foregoing instrument, and acknowledged to and before me that �Cecuted said instrument fo the purposes therein expressed. D. 19 rj� WITNESS my hand and official seal, this .-IL(P day of My commission expires: Notary Public State of Florida at Large NOTARY PUBLIC STATE OF FLORIDA NY COMMISSION EXP. APR 11,198S DOW TMRU GENERAL INS. UND. 1 0 11 —4—