HomeMy WebLinkAboutCity of Tamarac Resolution R-76-147PROPOSED BY: el , r A, Temp. #625
INTRODUCED BY: 4. Nover,,ber 1, 1976
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. &' -,H7
A RESOLUTION AUTHORIZING APPROPRIATE CITY OFFICIALS
TO EXECUTE AN AGREEMENT WITH LINDSLEY LUMBER COMPANY,
A DELAWARE CORP. ACCORDING TO THE SPECIFIC CONDITIONS
LISTED HEREUNDER.
WHEREAS, the City Council of the City of Tamarac, has requested the dedication
to Broward County of the necessary right-of-way for Western Commercial Boulevard alone
Lindsley Lumber Company's south property line as described in the Quit Claim Deed
annexed hereto as Exhibit "A", and
WHEREAS, Lindsley Lumber Company is willing to donate said property to Broward
County solely upon the conditions hereunder, and
WHEREAS, the City Council is in agreement with and is empowered to authorize
the conditions listed hereunder,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That upon the recommendation of the City Planner and City Attorney,
the following terms and conditions are hereby resolved.
A. That the contents of Lindsley Lumber's site plan dated July 12, 1976,
prepared by Neil Green, A.I.A. (hereinafter referred to as the "site plan"),
is approved.
B. That the overall area of the freestanding sign plan prepared by Kolite
Industries, Inc., dated May 24, 1976 and attached hereto as Exhibit "B",
is granted a waiver from the City of Tamarac's Sign Ordinance 75-43,
and a waiver is hereby given from the City of Tamarac sign ordinance
75-43 to construct said sign notwithstanding the existence of another
non -conforming sign on the property.
C. That the present use of Lindsley Lumber Company's property including
but not limited to the setbacks, lot coverage, parking area, landscaping
and outdoor loading are declared nonconforming as defined in Chapter 28,
Article XXIII (nonconforming uses and structures) and may be legally
continued.
D. That
the requirement of platting as provided in Chapter 2-0,
are hereby
granted
-an exception permit for the following:
1)
A building permit for a new mansard roof along the south
facade,
as set forth on the site plan.
2)
A building permit for the construction of a new south
entrance,
as set forth on the site plan.
3)
A building permit for the construction of a screened
enclosure
placed around the outdoor loading area, as set forth
in the site
plan.
4)
A sign permit to erect the freestanding sign, as per
Exhibit "B",
as set forth in the site plan.
5)
A building permit for the Alternate wall signs and/or
logos on
E. That
the south facade, as set forth in the site plan.
a waiver is given for the erection of the alternate wall
signs
and/or
logos on the south facade, as set forth in the site
plan from
the
City of Tamarac Sign Ordinance 75-43.
F. That a waiver is given from all parking requirements of the City of
Tamarac for the present building so that 117 parking spaces shall
satisfy all parking requirements of the City of Tamarac.
G. That a waiver from all ordinances is hereby granted so that no landscaping
shall be required on the southside of the property although the landscaping
on the remaining portions of the property shall be restored as per original
landscape plan dated April 26, 1972 and thereafter properly maintained.
H. That Lindsley Lumber Company is hereby granted a period of 2 years
from the completion of construction of Commercial Boulevard in which
to obtain building permits for the construction contemplated hereunder.
I. That no special improvement tax, lien or assessment shall be levied
against the surviving property in connection with the construction of
Western Commercial Boulevard adjacent to the subject property.
J. That this resolution is passed in consideration of and as the inducement
to Lindsley Lumber Company to deliver the Quit Claim Deed to the
property described in Exhibit "A", and is intended to be fully enforceable,
binding and irrevocable in consideration thereof.
PASSED, ADOPTED AND APPROVED THIS DAY OF UGs\,`%Ynb°.:'L 1976.
ATTEST:
CITY CLERK;,
I hereby certify that I have
approved the form and correctness
of this resolution.
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L +'c rj - MAYOR AN� IA -Y o i?-.
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THIS QUIT -CLAIM DEED, Executed this 29th day of October, A.D.
1976, by LINDSLEY LUMBER COMPANY, a Delaware corporation authorized
to do business in the State of Florida, having its principal place of
business in the County of Dade, State of Florida, first party, to
BROWARD COUNTY, a political subdivision of the State of Florida,
whose postoffice address is
second party:
WITNESSETH, That the said first party, for and in con-
sideration of the sum of $10.00, in hand paid by the said second
party, the receipt whereof is hereby acknowledged, does hereby
remise, release and quit -claim unto the said second party forever,
all the right, title, interest, claim and demand which the said
first party has in and to the following described lot, piece or,
parcel of land, situate, lying and being in the County of Browar_d,
State of Florida, to -wit:
That portion of Tract 13, Section 10, Township 49 South,
Range 41 East, FORT LAUDERDALE TRUCK FARMS, as recorded
in Plat Book 4, Page 31, Public Records of Broward County,
Florida, being described as follows:
COMMENCING at the Southwest corner of said Section 10'
THENCE North 0000'56" West along the West line of said
Section 10, a distance of 53.01 feet;
THENCE South 89101'23" East along a line 53 feet North
of and parallel with the South line of said Section 10, a
distance of 253 feet to the POINT OF BEGINNING;
THENCE South 89001'23 East along said parallel line, a
distance of 400 feet;
THENCE North 0100156" West a distance of seven (7') feet;
THENCE North 89001123" West along a line 60 feet North of
and parallel with the South line of said Section 10, a
distance of 28.63 feet;
THENCE North 85035122" West a distance of 200.36 feet;
THENCE North 89001123" West along a line 72 feet North of
and parallel with the South line of said Section 10, a
distance of 171.58 feet;
THENCE South 0100156" East, a distance of 19 feet to the
POINT OF BEGINNING.
This legal description is intended to describe only
that parcel of land referred to as "area shown shaded
is R/W requested for deceleration lane on Commercial
Boulevard" on sheet 1 of site plan prepared by Neil Green
A.I.A. Architect, Comm. No. 626, dated July 124 1976, for
Lindsley Home Care Center, Tamarac, Florida, a copy of
which is attached hereto and incorporated herein as
Exhibit "A".
This deed is given solely for right of way purposes
and should the land described therein cease to be used
for such public road purposes, it shall revert to the
grantor, its successors and/or assigns, in the ownership
of the property abutting the north line of the property
described herein.
TO HAVE AND TO HOLD the same together with all and singular
the appurtenances thereunto belonging or in any wise appertaining,
and all the estate, right, title, interest, lien, equity and
claim whatsoever of the said first party, either in law or equity,
to the only proper use, benefit and behoof of the said second
party forever.
IN WITNESS WHEREOF, The said first party has signed and
sealed these presents the day and year first above written.
Signed, sealed and delivered in
presence of: LINDSLEY LUMBER COMPANY,
a Delaware corporation
M
STATE OF FLORIDA
COUNTY OF DADE
President
Secretary
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County aforesaid
to take acknowledgments, personally appeared
President, and
Secretary of LINDSLEY LUMBER COMPANY, to me known to be the persons
described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same.
-
WITNESS my hand and official seal in the County and State
last aforesaid this day of October, 1976.
Notary Public
State of Florida
My Commission Expires
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