HomeMy WebLinkAboutCity of Tamarac Resolution R-78-079Introduced by:
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Temp.#1014
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 7(f-?
A RESOLUTION AUTHORIZING THE CITY ATTORNEY
TO EXECUTE A STIPULATED SETTLEMENT BETWEEN
THE CITY OF TAMARAC AND RUTH R. KROUT.
WHEREAS, the City of Tamarac has entered into negotiations
to settle litigation between Ruth R. Krout, plaintiff, and the
City of Tamarac, defendant, and
WHEREAS, both parties have agreed to certain conditions
included in the proposed stipulated settlement, and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1:
That the City Attorney is hereby authorized to
execute a stipulated settlement of the litigation between Ruth
R. Krout and the City of Tamarac, Case No. 76-4088, in the Circuit
Court of the 17th Judicial Circuit, in and for Broward County,
Florida, a copy of which settlement is attached hereto as "Exhibit A".
PASSED, ADOPTED AND APPROVED this day of 1978.
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ATTEST:
CITY CLER
I HEREBY CERTIFY that I have
approved the form and correctness
of is RESOLUTION
CITY TTORNtV
RECORD OF COUNCIL VOTE
MAYOR W. FALCKaqv &I
V/M H. MASSARO a- yP
e/M k)ten)e.2
C/M I. M. DISRAELLY _
C/M M. KUKA N/9
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. 76-4088 "NANCE"
RUTH R. KROUT,
Plaintiff,
VS.
THE CITY OF TAMARAC., et al.,
Defendant
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SETTLEMENT STIPULATION
The parties hereto, by and through their undersigned
counsel, stipulate and agree as follows:
1. The Plaintiff shall dismiss, with prejudice, her
action currently pending against the City of Tamarac.
2. The City of Tamarac hereby recognizes the
Plaintiff's Certificate of Occupancy and hereby re -affirms
all Plaintiff's rights provided under the South Florida Building
Code.
3. The City of Tamarac shall withdraw any requirement
for construction of a bulkhead or seawall along lot lines of
Plaintiff's lot as provided in Ordinance 71-23 as amended by
Ordinance 74-53.
4. The Plaintiff agrees to execute a covenant
binding herself, her heirs and assigns as follows:
(a) Should the City Council of the City of
Tamarac determine that a need exists to upgrade the
drainage within the Woodlands sections of the City,
then
(b) The Plaintiff, her heirs and assigns, agree
to excavate the lands within the canal easement and
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comply with the requirements of Ordinance 76-40, or as
may be further amended entitled "Subdivision, Public and
Private Site Development Improvements" provided however
that all landowners within the Woodlands Section shall
also be required to excavate the lands within the canal
easements and comply with Ordinance 76-40, or as may be
further amended, and the City agrees to uniformly enforce
compliance.
5. This Court shall retain jurisdiction to enforce the
terms of this Settlement Stipulation.
STIPULATED AND AGREED TO this day of September, 1977.
ALAN F. RUF, ESQ.
Acting City Attorney
CITY OF TAMARAC
5811 N.W. 88th Avenue
Tamarac,Florida 33321
(305) 722-5900
ALAN F. RUF
STIPULATED AND AGREED TO this day of September, 1977.
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CLARENCE OBLETZ
Attorney for Plaintiff
2210 One Financial Plaza
Fort Lauderdale, Florida 33394
(305) 764-2440
CLARENCE OBLETZ