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HomeMy WebLinkAboutCity of Tamarac Resolution R-79-133I Introduced by: ✓ Temp. # 1313 I. tJ 1 2 3 4 5 6 7 8 9 10 11 12 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 13 I plat; 14 15 36 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 -2- 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. -3- 1 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. -4- 1 P 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, -5- 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, '.itrt►i4► 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. I