HomeMy WebLinkAboutCity of Tamarac Resolution R-79-133I
Introduced by: ✓
Temp. # 1313
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 79-J33
A RESOLUTION APPROVING A PLAT FOR
WOODMONT - TRACT 58
WHEREAS, a plat has been submitted for approval by the City of
Tamarac; and
WHEREAS, the Planning Commission of the City of Tamarac has re-
viewed said plat and has made recommendation for approval, adoption
and execution of said plat by the City of Tamarac; and
WHEREAS, the City Engineer has reviewed said plat and has made
recommendation for approval and acceptance of said plat by the City
of Tamarac; and
WHEREAS, the City of Tamarac is now desirous of approving said
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That upon recommendation of the Planning
Commission and the City Engineer, the plat submitted for approval,
the same being
WOODMONT - TRACT 58
be and the same is hereby approved.
SECTION 2: That the Mayor and City Clerk are hereby autho-
rized and instructed to execute said plat.
SECTION 3: That the Development Review Requirements of the
Broward County Land Use Plan with the exception of water and sewer
appear to have been satisfied. A developers agreement has been ap-
proved concerning water and sewer, a copy of which is attached as
Exhibit "A".
PASSED, ADOPTED AND APPROVED this // day of
ATTEST:
Asst. Citf Clerk
I HEREBY CERTIFY that I have ap-
proved the form and correctness
of this RESOLUTION.
City Attorney
MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
YOR
1979.
RECORD OF COUNCIL VOTE
A G R E E M E N T
THIS AGREEMENT made this 1171f day of
1979, between the CITY OF TAMARAC, a municipal corporation
of the State of Florida (hereinafter referred to as CITY),
and CITY NATIONAL BANK OF MIAMI, a United States Banking
Corporation, as Trustee under the provisions of that certain
Trust Agreement dated the 14th day of September, 1978, and
known as Trust Number 5003183, OW14ER of the Property
described in Exhibit A (hereinafter referred to as OWNER).
W I T N E S S E T H:
WHEREAS, the OWNER has applied to the City of Tamarac
for a development permit as defined in the Broward County
Land Use Plan; and
WHEREAS, the Section 5 of the implementation section of
the Broward County Land Use Plan requires that the CITY make
certain findings that necessary services are available to
serve the property described in Exhibit A (development
review findings); and
WHEREAS, in lieu of making the findings referred to
above, the Land Use Plan provides that the CITY and OWNER
may enter into an Agreement which provides that no
certificates of occupancy may be issued prior to the CITY
making affirmative findings on all points set forth in
Section 5 of the implementation section of the Broward
County Land Use Plan; and
WHEREAS, TAMARAC UTILITIES, INC. (hereinafter referred
to as "SERVICE COMPANY") is the public utility presently
holding the Certificate of Convenience and Necessity for
servicing the Property owned by OWNER within the municipal
boundaries of the City of Tamarac (said property hereinafter
referred to as the "Property"); and
WHEREAS, SERVICE COMPANY has been previously granted
the exclusive right and privilege to construct, own,
maintain and operate the water facilities and sewage
facilities to serve the "Property" owned by OWNER within the
municipal boundaries of the CITY; and
WHEREAS, SERVICE COMPANY has been previously granted
the exclusive right or privilege to construct, own, maintain
and operate said facilities in, under, upon, over, and
across the present and future streets, roads, terraces,
alleys, easements, reserved utility strips and utility
sites, and any public place as provided and dedicated to
public use in the record plats or as provided for in the
agreements, dedications or grants made otherwise and inde-
pendent of said record plats; and
WHEREAS, SERVICE COMPANY has obligated itself to provide
central water and sewage facilities and to extend such
facilities by way of water distribution mains and sewage
collection mains and to thereafter operate such facilities
so that the occupants of each residence, building or unit
constructed on the "Property" will receive an adequate water
supply and sewage disposal service from SERVICE COMPANY; and
WHEREAS, SERVICE COMPANY has accepted the necessary
dedications and grants in order to effectuate said service;
and
WHEREAS, as of the date of this Agreement there exists
a "water and sewer ERC reservation moratorium", which has
been unilaterally declared and imposed by SERVICE COMPANY:
and
WHEREAS, OWNER is desirous of processing its plat appli-
cation and site plan approval for property located within
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the CITY OF TAMARAC.with the necessary governmental authori-
ties during the pendency of said "water and sewer ERC
reservation moratorium"; and
WHEREAS, with the exception of water and sewer require-
ments, all development review requirements in the Broward
County Land Use Plan appear to have been satisfied.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. OWNER, its agents or assigns, will not apply for
and CITY will not issue any building permits for the "Property"
described in Exhibit A until such time as the CITY makes a
finding that water and sewer service is available for the
land described in Exhibit A.
2. OWNER agrees that any approval of a Development
Permit, including without limitation, rezoning or special
exception approval or permission to make public and private
subdivision and development improvements, will not give
OWNER any vested rights to the use of his land or to the
continued existence of the public and private subdivision
and development improvements. OWNER acknowledges the CITY
has a right and obligation to reject projects which do not
satisfy all applicable CITY regulations or any applicable
development review requirement. OWNER will hold CITY
harmless for any damages or expenses incurred if a Develop-
ment Permit is not issued because a Development.Review
Requirement cannot be satisfied as determined by either CITY
for water and/or sewer availability, or by County. OWNER
agrees that it is proceeding at its own risk.
3. OWNER shall be allowed to process its plats as
well as its site plan submissions without the prior execution
of a bona fide developers agreement with SERVICE COMPANY as
it relates to the property described in said plat and site
plan submissions.
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Provided, however, approvals issued by the CITY of
said plats and site plan submissions shall be subject to
this Agreement and building permits will not be applied for
by OWNER nor issued by CITY until such time as:
to:
(a) the bona fide executed developers
agreement has been recorded and
thereafter presented to the CITY,
and
(b) OWNER has complied with all other
applicable regulations.
4. Evidence of plat and site plan approval, subject
(a) the determination by the CITY that
water and sewer facilities and
capacities are available to the
platted "property"; and
(b) Compliance with applicable regula-
tions of the City of Tamarac as
they may be amended from time to
time, up to the date of the
submission; and
(c) a duly executed developers agreement
being recorded,
shall be submitted by OWNER to the CITY, and the CITY, at
its next ensuing regular council meeting after the date of
recordation of said developers agreement and upon proof of
compliance with subsections (a), (b) and (c) of this Paragraph
shall, by resolution (which shall be recorded), release from
the terms and conditions of this Agreement the "Property" as
described in said approved plats and approved site plans to
which the developers agreement applies.
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5. This Agreement will be submitted by stipulation
and filed with the court for its ratification in Case Number
72-11731, "J" Weissing.
6. OWNER specifically acknowledges for itself, its
successors and assigns, and the parties agree, that this
Agreement shall not create any vested rights in OWNER as it
applies to the "Property" included within the previous court
order.
7. This Agreement is executed by CITY NATIONAL BANK OF
MIAMI, a United States Banking corporation, as Trustee, under the
provisions of that certain Trust Agreement dated the 14th day of
September, 1978, and known as Trust Number 5003183, solely
in its capacity as Trustee and not in its independent corporate
capacity, and no liability hereunder may be asserted against
its independent corporate capacity or against any beneficiary
of the Trust for which said CITY NATIONAL BANK OF MIAMI is
Trustee, under that certain Trust Agreement dated the 14th
day of September, 1978, known as Trust Number 5003183.
8. The parties agree this Agreement shall be recorded
in the Public Records of Broward County, Florida, and shall
be binding upon all future owners of the "Property" or any
portion thereof described in Exihibit "A", subject to the
release from the Agreement as provided for in Paragraph 6
hereof.
IN WITNESS EREOF, the parties have set their hands
and seals this I7H day of V� , 1979.
WITNESSES:
E
CITY OF T ARA , CITY`
F
By
Walter W. F,i5cko, Mayor
CITY NATIONAL BANK OF MIAMI,
as Trustee, OWNER
By
Vice President
ATTEST: �/"f
Corporate Trust Officer
L,
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STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this date, before me, an officer
duly authorized in the State and County aforementioned to take
acknowledgments, personally appeared WALTER W. FALCK, as Mayor of
the CITY OF TAMARAC, a municipal corporation, to me known to be
the person who executed the foregoing instrument, and he
acknowledged before me that he executed the same on behalf of
said corporation.
WITNESS my hand and official seal in the State and County
aforementioned, this day of �L , 1979.
NO ARY PUBLIC, State of Florida
My Commission Expires:
,�Jotary Public, State of FI<>ricic ;t L7:rge
My, Commission Expires June 7, 1981
=-=:o� Bortdad by Mincey Agency
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
I, THE UNDERSIGNED, an officer duly authorized to take
and certify acknowledgments of instruments in said State and
County, hereby certify that before me came 1L MEGKNER
as Vice President, and DAVID BUZNEGO
as Corporate Trust Officer, of CITY
NATIONAL BANK OF MIAMI, a United States Banking corporation,
and duly authorized to accept and execute documents within
the State of Florida, as Trustee under the provisions of a
certain Trust Agreement dated the 14th day of September,
19781 known as Trust Number 5003183; that the said persons
so appearing before me are the individuals and the officers
aforementioned of said corporation described in and who
executed the foregoing Agreement; and that then and there
said individuals as aforesaid officers acknowledged before
me that the seal affixed to said Agreement is the corporate
seal of said corporation; that their names officially are by
them respectively subscribed thereto; that said Agreement
was signed, sealed and delivered by said corporation in the
presence of two subscribing witnesses, pursuant to law, and
that the same is the free act and deed of said corporation.
WITNESS my qiand and seal at Miami, Dade Count„ufu,,,
Florida, this 'TH day of �tJL TU''�•,�
PIT
NOT�9RY PUBLIC, State-- of-' Florida
My Commission Expires: At Large ' � L._ � t_
Nary PL)bfji�, State ofm6:
my commission Expires Merph, Ju,
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DESCRIPTION: TRACT S8
A portion of Tracts 3, 4, 5 and 6 of FLORIDA FRUIT LANDS
COMPANY SUBDIVISION N0. 2, of Section 5, Township 49 South,
Range 41 East, as recorded in Plat Book 1, Page 102, of the
Public Records of Palm Beach County, Florida, being more
particularly described as follows:
COMMENCING at the Southeast corner of said Section 5; thence
North 00° 10' 05" Rest, along the East line of said Section
5, a distance of 4372.45 feet; thence Rest, a distance of
893.85 feet to the POINT OF BEGINNING of this description;
thence continuing Rest, a distance of 440.07 feet; thence
North 71" 17' 23" West, a distance of 227.65 feet to an in-
tersection with the arc of a circular curve to the right;
whose radius point bears South 68" S9' 50" East, from the
last described point; thence northerly and easterly, along
the arc of said curve, having a radius of 2000.00 feet, an
arc distance of 1002.98 feet to the point of tangency; thence
North 49" 44' 09" East, a distance of 90.00 feet to an inter-
section with the arc of a circular curve to the right, whose
radius point bears South 49' 44' 09" West, from the last des-
cribed point; thence easterly and southerly, along the arc
of said curve, having a radius of 320.00 feet, an arc dis-
tance of 196.95 feet to the point of tangency; thence South
05" 00' 00" East, a distance of 435.00 feet; thence South,
a distance of 228.24 feet to the point of curvature of a
circular curve to the right; thence southerly and westerly,
along the arc of said curve, having a radius of 100.00 feet,
an arc distance of 157.08 feet to the point of tangency; and
being the POINT OF BEGINNING.
Said lands situate, lying and being in Broward County, Florida.
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