HomeMy WebLinkAboutCity of Tamarac Resolution R-86-125Introduced by Y /'� Temp. Reso. #3994
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86- /a25
A RESOLUTION APPROVING AND ACCEPTING A DEVELOPMENT
AGREEMENT WITH TAMARAC PARTNERS PERTAINING TO
DEVELOPMENT OF THE PROPOSED SPRING HOUSE PROJECT;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the Development Agreement with Tamarac Partners pertaining
to development of the proposed Spring House project is HEREBY APPROVED and
accepted, a copy of said Agreement being attached hereto as Exhibit 1.
SECTION 2: The appropriate City officials are hereby authorized to
execute paid Agreement on behalf of the City.
SECTION 3: The City Clerk is hereby authorized and directed to record
said Agreement in the public records of Broward County, Florida.
SECTION 4: This Resolution shall become effective upon adoption.
PASSED, ADOPTED AND APPROVED this Z� day of , 1986.
i4ZW WA—R
ATTEST:
'CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this Resolution-7
CITY ATTORNE
RECORD OF COUNCIL VOTE
MAYOR: HART
DIST. 1: C/W MASSARO
DIST. 2: C/M STELZER
DIST. 3: C/M GOTTES MAN
DIST. 4: V/M STEIN
Q
11 ie -g6 - /,�- -,-)I
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") entered into
by and between the CITY OF TAMARAC, a municipal corporation
of the State of Florida ("City") , and TAMARAC-OXFORD LIMITED
PARTNERSHIP, a Maryland Limited Partnership ("Developer").
W I T N E S S E T H :
In consideration of the mutual covenants and conditions
herein contained and other good and valuable consideration
which the parties herein acknowledge, the parties agree as
follows:
1. STATEMENT OF FACTS. Developer is the owner of certain
real property located within the City of Tamarac, Broward County,
Florida, legally described on Exhibit "A" attached hereto and
made a part hereof ("Property") . The Developer has submitted
to the City a Plat of the Property ("Spring House Plat") and
a final site plan for the development of three hundred (300)
multi -family units on the Property ("Spring House Final Site
Plan").
The Property is included within a larger parcel which
was the subject of a Final Decree in the case of Sabal Palm
Golf Club, Inc. v. City of Tamarac, Broward County Circuit
Court Case Number 74-1522-J, said Final Decree having been
entered on August 15, 1977, and requiring the City to rezone
the Property to a zoning district not more restrictive than
R-4A, as the same existed and was defined under City Ordinance
72-6 at the time of its adoption on February 9, 1972. Subsequent
to the entry of the Final Decree, the City initiated a rezoning
and land use plan amendment implementing the Final Decree,
providing for a density on the Property of 21.8 dwelling units
per acre, or a total of 332 dwelling units.
Subsequent to the entry of the Final Decree, the City
has from time to time amended its Code of Ordinances ("Code")
relating to land development regulations applicable to the
Property, and the City is desirous of assuring that the future
development of the Property complies to the greatest extent
possible with the requirements of the Code in effect upon the
date of the execution of this Agreement. The Developer has
previously submitted the Spring House Plat and Spring House
Final Site Plan which provide for the construction on the Prop-
erty of 300 multi -family residential units. The Spring House
Plat satisfies the City platting requirements and the Spring
House Final Site Plan satisfies the requirements of the Code
except as provided hereinbelow. The Developer has also agreed
at the request of the City, to provide for certain off -site
improvements as depicted on the Spring House Final Site Plan
and/or the Spring House Off -Site Improvements Plan submitted
concurrently with the Spring House Plat and the Spring House
Final Site Plan. The City has reviewed and approved the Spring
House Plat, Spring House Final Site Plan, and Spring House
Off -Site Improvements Plan, subject to the terms of this
Agreement.
it2. SPRING HOUSE PLAT. The Developer and the City acknowl-
edge and agree that the Sabal Palm Plat has been reviewed and
approved by the City, and that the same complies with all appli-
cable Ordinances in the Code relating to the platting of real
property in the City. The Developer further agrees that the
Spring House Plat will meet all applicable Broward County plat-
ting requirements, and that all conditions of said plat approval
by Broward County will be satisfied.
3. SPRING HOUSE PROPERTY. The Developer agrees that
the development of the Property shall be in conformance with
the Tamarac City Code as may be amended f rom time to time with
the following exceptions (A copy of the approved Spring House
Final Site Plan is attached hereto and made a part of this
Agreement as Exhibit "B"):
A. The building setback requirement adjacent to
the Sabal Palm Golf Course property and the on -site recreational
property to be rezoned S-1 is reduced to thirteen feet (13');
B. Parking shall be provided in conformance with
the 1984 requirements of the Tamarac City Code (including ten
foot (10') minimum curbed back up islands). A copy of said
requirements found in Ordinance 82-15/Code Section 18-5(41)(b)
Supp. 14(5-82) is attached as Exhibit "C" to the Agreement.
C. The traffic circulation pattern of the Spring
House Final Site Plan, although not in full conformance with
the present City Code requirements, has been designed, proposed
and approved by Developer's engineers and architects, and is
accepted as part of the consideration of this Agreement. Devel-
oper agrees to hold the City harmless and defend any claims
against the City as a result of the traffic circulation pattern
on site, a copy of said hold harmless letter is attached hereto
and made a part hereof as Exhibit "D."
D -, Instead of traditional trash dumpsters located
throughout the site, a single trash compactor may be utilized
on site as indicated on the approved Spring House Final Site
Plan.
E. Tennis courts may be constructed within the
Florida Power and Light Company Easement subject to the Developer
obtaining approval from Florida Power and Light. If so, the
set back from the right-of-way of Rock Island Road, adjacent
buildings, interior roadways and parking lots will be a minimum
of fifteen feet (15').
F. The following additional provisions are agreed
to, regarding the development of the Spring House Site:
(1) Access easements shall be granted by Devel-
oper to Sabal Palms Golf Club, Inc., in the areas as depicted
on Exhibit "E" attached hereto and made a part hereof, to provide
access for golf carts between the corner clubhouse property
and the golf course.
(2) Development of the Property shall be financed
by coventional financing. No maximum income restriction shall
be placed on the residents of Spring House.
(3) Developer shall maintain slopes to the
water's edge and control vegetation and acquatic weed growth
below the waterline in the retention areas on the Property.
4. SPRING HOUSE OFF -SITE IMPROVEMENTS PLAN. Concurrent
with the submission of the Spring House Final Site Plan, the
Developer has submitted the Spring House off -Site Improvements
Plan in order to provide for certain golf course improvements
necessitated by the multi -family development or requested by
the City, which improvements shall be completed within one
hundred twenty (120) days of the issuance of the first building
permit for the construction of the multi -family units, as
indicated below:
A. The Developer agrees to remove the maintenance
shed from the Property and provide for the golf course improve-
ments as depicted on the Spring House off -Site improvements
if
WM
Plan approved concurrently herewith and attached hereto and
made a part hereof as Exhibit "F." .
The City acknowledges that the improvements to be made
as indicated on the Spring House Off -Site Improvements Plan
shall be made without the requirement of platting the Golf
Course Property, and a copy of the letter requesting the waiver
of the platting requirements is attached hereto and made a
part hereof as Exhibit "G."
B. The off -site drainage improvements on the golf
course property shall be constructed in accordance with the
plans and specifications prepared by CCL Consultants, Inc.,
dated April 3, 1986, (Spring House Off -Site Improvements Plan).
The City acknowledges that said drainage improvements have
been designed to satisfy the positive drainage needs of the
Property. (Drainage retention fees will be paid pursuant to
City Code.)
C. A landscaped compound approximately one hundred
f eet by one hundred f eet (10 0 1 x 10 0 1 ) sha 11 be provided at
the northeast corner of the golf course. The compound shall
be fenced but shall not have a roof. It is expected that the
compound will be used for storage of workable equipment. The
location of the compound and a detail of the landscaping and
fence shall be as indicated on the Spring House Off -Site
Improvements Plan. Fencing and beautification shall be approved
by the Beautification Committee.
D. Landscaping on the west side of the existing
"Golf Cart Shed" shall be installed, and a small space for
a work area buffered by the landscaping will be permitted.
Details of the design and location of the landscaping shall
be as indicated on the Spring House Final Site Plan.
E. The existing parking for the golf course clubhouse
as indicated in detail as part of the Spring House Final Site
Plan shall be paved and striped, including carstops, and proper
drainage of the parking area shall be provided. Additionally
along Commercial Boulevard and Rock Island Road the Developer
will provide a fifteen (15) foot tree at thirty (30) foot
intervals.
5. Off -Site Road Im2rovements. The following off -site
road improvements will be made by the Developer at no cost
to the City:
A. The Developer shall obtain for the City an ease-
ment for road right-of-way purposes and construct a north -bound
right turn lane on Commercial Boulevard as depicted on the
Spring House Final Site Plan, a sketch and legal description
for the right-of-way easement is attached hereto and made a
part hereof as Exhibit "H." The construction of said right
turn lane shall be completed prior to the issuance of any
Certificate of Occupancy for the three hundred (300) multi-
family dwelling units to be constructed on the Property, unless
the Developer's failure to complete said improvement is the
result of delay by any governmental entity, which delay shall
toll the time for completion. The City agrees that the
installation of said off -site road improvement shall be credited
toward payment to the City for the trafficways improvement
fee of $43,200. Certified costs for design and construction
will be submitted to the City, and if less than the fee contained
herein, the difference will be paid to the City before release
of the performance bond'.
B. In satisfaction of any off -site traffic signaliza-
tion requirements, Developer agrees to work with the County
to provide for the installation of a traffic signal at Woodlands
Boulevard and Commercial Boulevard in the City. Developer
agrees that the final plans for the traffic signal shall be
submitted to FDOT for approval within thirty (30) days of Site
-3-
Plan approval and Developer shall contract for the installation
of the signal within thirty (30) days of the issuance of the
permit by FDOT, unless the Developer provides the City with
adequate security to assure the installation of said signal.
C. A fire hydrant will be installed in the right-of-
way of Rock Island Road or in a utility easement adjacent thereto
to service the Sabal Palm Clubhouse as indicated on the Spring
House Final Site Plan.
6. Nothing herein is binding upon Florida Power and
Light Company ("FPL") and the use of its easements. Developer
is responsible for dealing with FPL to obtain the necessary
authorization to use said easements, and written approval shall
be submitted to the City from FPL prior to the issuance of
the first building permit.
7. Notwithstanding anything to the contrary contained
herein, the City and Developer acknowledge that this Agreement,
the Spring House Final Plat, Spring House Final Site Plan and
Spring House Off -Site Improvements Plan have been approved
prior to the Developer having closed on the Property. Accord-
ingly, the City agrees that upon receipt of written notification
from Developer that Developer does not intend to close on the
Property, the City shall immediately process a refund of all
impact fees paid to the City by Developer as a condition of
the City's approval. Developer acknowledges that processing
fees are not refundable pursuant to the terms hereof.
8. This Agreement shall be construed in accordance with
the laws of the State of Florida and shall be binding upon
the City and the Developer, and the successors and assigns
of the Developer.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year indicated below.
Signed, sealed and delivered THE CITY OF TAMARAC
in the presence of: Ity
By: dd, IA4,1111r,
Mayor
Date:
ATTEST:
) , I B y
/ A . . 2.. Manager
City Cler)( �y 6-
Date:— 4y&
Approved as to form
By:
t—ity AttorApy
Signed, sealed and delivered TAMARAC - OXFORD LIMITED
in the presence of: PARTNERSHIP, a Maryland
limited partnership, if
n s
�ne
BY: OXFORD EQUITIES
CORPORATION, an Indiana
corporation, General Partner
By:
STEPHEN H. FLANAGANf
Dated:
=I E
le -
STATE OF FLORIDA
) SS.:
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day before me, an officer
dVy qualified to tak edgm
/�,, acknowl ents, personally appeare
and
Z
,Xs W
tht"t Mayl6r, City Nanager and C"Jity Clerk, respe"ctively of -
the City of Tamarac, a municipal corporation of the State of
Florida, to me known to be the Mayor, City Manager and City
imClerk of said corporation, who executed the foregoing instrument
and acknowledged before me that they executed said instrument
for the purposes therein expressed.
WITNESS my hand ano official eal ip the County and State
last aforesaid this 12-,74 dayof:��,,-..,,,r-, 1986.
.0, —
-g—otary Public, State of Florida
My Commission Expires: """Y ' --UnLIC tTATC GF FLORIDA
my EXP. APR 21,H68
BONDED TNR� G'Eh'ERAL 111S. u&�.
STATE OF FLORIDA
) SS.:
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day before me, an officer
duly qualified to take acknowledgments,, r§9nally appeared,
STEPHEN H. FLANAGAN, a e Vic 4��' -Pk jt;�i of OXFORD
EQUITIES CORPORATION, aN corporation, General Partner
of TAMARAC - OXFORD LIMITED PARTNERSHIP, a Maryland limited
partnership, to me known to be the L)f(-E- of
said corporation, who executed the foregoing instrument and
acknowledged before me that he executed said instrument for
the purposes therein expressed.
WITNESS my hand and officia
last aforesaid thisDtLT1L
day of
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA
NY COMMISSION EXP. APR 12,1990
9ONDED THRU GENERAL INS. UND.
17
seal in the County and State
1986.
VA
State of Floric
-5-
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—ILL.
IN
EXHIBIT "B" OXFORD DEVELOPMENT AGREEMENT DATED APRIL 9,
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Introduced by:
pr W- Temp. #941
Rev. 12/1/81
IV15181
12/21/81
12/23/81
12/30/81
CITY OF TAMARAC, FLORIDA 1/29/82 2/26/82
fol lows:
ORDINANCE NO. a- fg, 45'
AN ORDINANCE AMENDING SECT -ION 18-5(41)a AND b OF THE
*TAMARAC CITY CODE PERTAINING To OFF-STREET PARKING BY
MODIFYING REQUIREMENTS FOR SINGLE FAMILY DETACHED
DWELLINGS; INCREASING REQUIREMENTS FOR DUPLEXES; AND
MODIFYING REQUIREMENTS FOR TOWNHOUSES AND MULTIPLE FAMILY
DWELLINGS; PROVIDING FOR CODIFICATION; PROVIDING REPEALER;
PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED
BY THE
CITY COUNCIL
OF
THE
CITY
OF TAMARAC,
FLORIDA
SECTION 1:
Section
18-5(41)a
and
b
are
amended to
read as
(41) Residehtial uses:
a. Single family detached dwelling and duplexes:
1. One and two bedroom units - One (1) 201 in length exterior
paved parking space and
One (1) Additional 20' in length
paved space either enclosed or
on the exterior.
2. Three or more bedroom
units Two (2) 20' in length exterior
paved parking spaces
b. . Multiple -family dwellings (three or more units)
Efficiency - 1.25 paved parking spaces per dwelling unit.
1 Bedroom - 1.50 paved parking spaces per dwelling unit.
2 Bedrooms - 1.75 paved parking spaces per dwelling unit.
3 Bedrooms - 2.00 paved parking spaces per dwelling unit.
4 or more - 2.25 paved parking spaces per dwelling unit.
In addition to the requirements set forth for townhouses and
multiple -family dwellings, an additional 10 percent of the
required spaces shall be designated on the plans and posted on
the parking spaces for guest use only.
0
W
"EXHIBIT C',
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c. Rooming, boarding or lodging houses: 1 space per rental sleeping
unit plus 2 additional spaces.
d. Dormitories, fraternities: 1 space per 2 beds plus 2 additional
spaces.
SECTION 2: Specific authority is hereby granted to codify this
ordinance.
SECTION 3: All ordinances, or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4: Should any section or provision of this Ordinance or
any portion thereof, or any paragraph, sentence or word be declared by a Court
of competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder hereof as a whole or any part hereof, other than the
part declared to be invalid.
SECTION 5: This Ordinance shall become effective immediately upon
its final passage and shall apply to all dwellings for which a building permit
is obtained after the effective date.
PASSED FIRST READING this_,.2 �day of 1982.
PASSED SECOND READING this IP.,�day of Agi�� 01 1982.
ATTEST: MATUR
UITY GLER)V_jt�.�.
I HEREBY CERTIFY that I have
approved the -form and correctness
of this ORDINANCE
,A
CITY AT NLY
"EYMIBIT C"
MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICI
RECORD OF COUt4CIL VOTE
0
.C.A. F 0 R D
April 9, 1986
Mayor Bernard Hart
City of Tamarac
City Hall
5811 N.W. 88th Avenue
Tamarac, FL 33321
RE: Oxford Development Enterprises, Inc.
Spring House Final Site Plan
Dear Mayor Hart:
Respond to! f I � 110 1 IMP. -I.— Ronn
Su-Ir 313
s(wa neitno r in —In 334 3:1
1,1051 41M 40-10
I londa I Irld'I"I'l-n
2400 M-thnd Centri F wkwiv
S41110 170
molothrIff FI-0,11P , 51
11451 f") it 1 110
The purpose of this letter is to provide certain assurances to the City
with respect to the design of the internal traffic circulation pattern as
depicted on the Spring House Final Site Plan. The traffic circulation
pattern has been designed by Oxford's consulting engineers and architects
to provide for safe and efficient traffic circulation on the site, and
has been approved by Oxford Development Enterprises, Inc.
Notwithstanding this fact, it has come to our attention that the present
City Code can be construed in a fashion that would render the traffic
circulation pattern as depicted on the Spring House Final Site Plan not
in full conformance therewith. Accordingly Oxford Development
Enterprises Inc., hereby agrees to indemnify and hold the City harmless
and to defend any claims arising against the City as a result of the
internal traffic circulation pattern constructed In accordance with the
Spring House Final Site Plan.
Very truly yours,
OXFORD DEVELOPMENT ENTERPRISES, INC.
Stephen H. Flanagan
Vice President and
Senior Development Manager
cc: Thelma Brown, City Planner
Alan Rufto Acting City Attorney
Edwin J. Stacker
Edward Kleiman
SHF/de EXHIBIT "D*
SPO-t#13- MU L -lot, lovr t, 0.0 1 lotatamirvim, its Dilla-, ix owma(i. I j t timem, k4i t t;r
0
U-j
11
ACCESS EASEMM
of TEIS ACCESS EASEMENT ("Easement") is made this
P . day
1985, by and between TAMARAC PARTNERS, a Florida
General Partnership ("Grantor") and SABAL PALMS GOLF CLUB, INC. ,
a Florida corporation ("Grantee").
W I T N E S S E T 9
WHEREAS, Grantor is the owner of that certain parcel of
land in Broward County, Florida, described on Exhibit A attached
hereto and made a part hereof ("Oxford Property") of which the
property, as more particularly described on Exhibit B, attached
hereto and made a part hereof ("Easement Property") is a part
thereof; and
WHEREA.Sr Grantee is the owner of certain parcels of real
Property adjacent to the Oxford Property, including a parcel
on the southwest side of the Oxford Property consisting of a�-
proximately 2.26 acres, More particularly described on Exhibit
C, attached hereto and made a part hereof ("Corner Parcel")
and the golf course property, a portion of which is contiguous
to the Oxford Property, more particularly described on Exhibit
D, attached hereto and made a part hereof
Property"); and ("Golf Course
WHEREAS, Grantee has requested and Grantor desires to grant
to Grantee and all subsequent owners of the Corner Parcel and
Golf Course Property, including but not limited to, their respec-
tive heirs, personal representatives, mortgagees and assigns,
a ncin-exclusive easement on, over, and upon the Easement Property
which is appurtenant to and runs with the Corner Parcel and
the Golf Course Property for access purposes;
NOW, THEREFORE, in consideration of the SUM of Ten Dollars
($10) and other good and valuable consideration, the
and receipt
sufficiency of which is hereby acknowledged, and in further
consideration of the mutual covenants and Obligations of the
parties hereinafter set forth, the parties, intending to -be
legally bound, do hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct
and are incorporated herein by this reference.
2. Grant by Grantor. Grantor does hereby grant unto
Grantee, its Successors and assigns, the holders of any mortgages,
purchasers of any foreclosure sale and tenants,
easement a non-exclusive
On, over and upon the Easement Property for the benefit
of the users of the Golf Course Property in order to allow such
users to travel between the Corner Parcel and the Golf
Property. Course
3. Termination. The parties hereby agree that the Easement
granted Pursuant-Fie'reto, shall terminate on the earlier to occur
Of (i) the Corner Parcel no longer being permanently Utilized
as a golf clubhouse or cart storage area appurtenant to the
Golf Course Property, or (ii) the Golf Course Property having
been permanently abandoned as & golf course.
4. Maintenance. Grantee shall be responsible for all
costs relating to the maintenance and repair of the Easement
granted hereunder.
EXHIBIT "E" - OXFORD DEVELOPMENT AGREEMENT DATED APRIL 9, 1986
'1,- 1%.
5. Bindin2 Agreement. All provisions of this instrument,
including benefits and burdens, shall run with the land
and are binding upon and inure to the heirs, assigns, successors
and personal representatives of the parties hereto.
IN WITNESS WBMMop, the parties hereto have caused these
presents to be executed by their respective, duly authorized
officer, at the place and on the date first hereinabove written.
Signedf sealed and delivered
in the presence of:
Signed, sealed and delivered
in the presence of:
I
STATE OF FLORIDA
) SS:
COUNTY OF BROWARD
TAMARAC PARTNERSHIP, a Florida
General Partnership
BY: TAMARAC - OXFORD
LIMITED PARTNERSHIP, a Maryland
limited partnership,
General Partner
0
BY: OXFORD INVESTMENT CORP+TION,
a Maryland corporation,
General Partner
By:
EDWAFM7—J. KLEIMAN,
Senior Vice President
nap]
BY: THE NORTHWESTERN MUTUAL
LIFE INSURANCE COMPANY,
a Wisconsin corporation,
General Partner
By:
SABAL PALMS GOLF CLUB, INC.,
a Florida corporation
0
By:
RICHARD H. STACKHOUSE, President
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County afore-
said to take acknowledgments, personally appeared EDWARD J.
KLEIMAN, as Senior Vice President - of OXFORD INVESTMENT
CORPORATION, a Maryland corporation, General Partner of TAMARAC
- OXFORD LIMITED PARTNERSHIP, a Maryland limited partnership,
General Partner of TAMARAC PARTNERS, a Florida corporation,
to me known to be the person described in and who excuted the
foregoing instrument and he acknowledged before me that he exe-
cuted the same.
�Z
M
11
WITNESS my hand and official seal in the County and State
last aforesaid this _ day of 1 1985.
Notary Public
MY Commission Expires:
STATE OF
SS:
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County afore-
said to take acknowledgments, personally appeared
' as of THE NORTHWESTERN MUT
LIFE INSURI�_NCE COMPANY, a Wisconsin corporation, General Partne!r
Of TAMARAC PARTNERS, a Florida General Partnership, to me known
to be the person described in and who excuted the foregrr)ing
instrument and he acknowledged before me that he executed the
same.
WITNESS 'my hand and official seal in the County and State
last aforesaid this day of —1 1985.
Notary Public
MY Commission Expires:
STATE OF FLORIDA
) SS:
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County afore-
said to take acknowledgmentsr personally appeared RICHARD H.
STACKHOUSE, as President of SABAL PALMS GOLF CLUB, INC., a Florida
corporation, to me known to be the person described in and who
excuted the foregoing instrument and he acknowledged before
me that he executed the same.
WITNESS my hand and official -seal in the County and State
last aforesaid this day of 1 1985.
MY Commission Expires:
Notary Public
CCL CONSULTANTS, INC.
ENGINEERS 9 SUR VEyoRS *PLANNERS
POMPANO BEACH OFFICE
2200 Park Central Blvd, N. , Suite 100
(305) 974-22DO
LEGAL DESCRIPTION: CART PATH
VERO BEACH OFFICE
664 Azalea Lane, Suite 0-2
(305) 231-M7
A PORTION OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION; "TRACT 13"
OF SECTION 12, TOWNSHIP 49 SOUTHr RANGE 41 EAST AS RECORDED IN
PLAT BOOK 4, PAGE 31, PUBLIC RECORDSr'BROWARD COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 12# THENCE SOUTH
89*10'42" EASTo, ALONG TEE SOUTH LINE OF SAID SECTION 12, FOR
53.01 FEET; THENCE NORTH 00013145w WESTo, PARALLEL TO THE WEST
LINE OF SAID SECTION 12p FOR 72.01 FEET; THENCE SOUTH 89010'42w
EAST FOR 299.99 FEET TO THE POINT OF BEGINNING; THENCE NORTH
00013'45" WEST FOR 20.00 PEET; THENCE SOUTH 89010142" EAST FOR
160.00 FEET; THENCE NORTH 00013145" WEST FOR 30.00 FEET; THENCE
SOUTH 89*10'42" EAST FOR 115.00 FEET; THENCE NORTH 00*13145* WEST
FOR 10.00 FEET; THENCE SOUTH 89*10142w EAST FOR 25.00 FEET;
THENCE SOUTH 00013'45w EAST FOR 72.00,PEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "A'; THENCE NORTH 89*10'42w WEST FOR 58.85
FEET; THENCE NORTH 85044141'n WEST FOR 200.36 FEET; THENCE NORTH
89010'42" WEST FOR 41.37 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
AN 8 FOOT WIDE EASEMENT IN SAID SECTION 12 BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT POINT "A" AS PREVIOUSLY DESCRIBED; THENCE NORTH
00013'45" WEST FOR 760.37 FEET TO THE POINT OF BEGINNING OF SAID
8 FOOT WIDE EASEMENT LYING 4.00 FEET ON EACH SIDE OF AND '
CONTIGUOUS WITH THE FOLLOWING DESCRIBED CENTERLINE;,THENCE SOUTH
89046'15" WEST FOR 15.00 FEET TO A POINT OF CURVATURE; THENCE
NORTHWESTERLY ALONG A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS
OF 87.00 FEET, A CENTRAL ANGLE OF 90000100w FOR AN ARC DISTANCE
OF 136.66 FEET TO A POINT OF TANGENCY; THENCE NORTH 00*13'45"
WEST FOR 150.00 FEET TO A POINT OF CURVATURE; THENCE
NORTHEASTERLY ALONG A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS
OF 45.00 FEETj A CENTRAL ANGLE OF 90*00100w FOR AN ARC -DISTANCE
OF 70.69 FEET TO A POINT OF TANGENCY; THENC-E,NORTH 89046'15" EAST
FOR 25.00 FEET TO A POINT OF CURVATURE,; THENCE NORTHEASTERLY
ALONG A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET,
A CENTRAL ANGLE OF 39047'30" FOR AN ARC DISTANCE OF 34.72 PEET TO
A POINT OF TERMINUS.
EASEMENT LINES ARE TO BE LENGTHENED OR SHORTENED TO PROVIDE A
CONTINUOUS 8 FOOT WIDE EASEMENT.
SUBJECT TO EXISTING EASEMENTS, RIGSTS—OF—WAY, RESTRICTIONS AND
RESERVATIONS OF RECORDII, IF ANY.
NOTES -
r7—REPRODUCTIONS OF THIS SKETCH ARE NOT
VALID UNLESS SEALED WITH AN EMBOSSED
SURVEYOR'S SEAL.
2.. LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR EASEMENTS AND/OR RIGHTS -OF -WAY OF
RECORD.
3. DATA SHOWN HEREON WAS COMPILED FROM
OTHER INSTRUMENTS AND DOES NOT
CONSTITUTE A FIELD SURVEY AS SUCH.
REVISIONS DATE a y
Reyl�s ed, Z-1.3-186 D-R7P
4f-,--,f4 A�-D,
CERTIFICATIONi
I HEREBY CERTIFY THAT THE ATTACHED SKETCH
AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF AND IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET
FORTH BY THE FLORIDA STATE BOARD OF LAND
SURVEYORS.
P A OF ESS, ON A L LAND SURVEYOR —ilf-45'r ATE OF FLO R I OA
ISHMAEL S. MOHAMED. PL.S.
E
17-�
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DATE
49.4fS, JOYFRAWN Aop..D. ICHECKED IFIELO
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CCL CONSULTANTS. INC.
ENGINEERS *SURVEYORS @PLANNERS
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REVISIONS
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2200 Park Central Blvd, N. Suite 100 664 Azalea Lane, Suite 0-2
(305) 97+-2200 (305) 231-W7
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CAROL A- GLINDEL
TMOMAS 0, KATZ
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"000A1111100 a, MAIMAN
Mayor Bernard Hart
City of Tamarac
City Hall
5811 N.W. 88th Avenue
Tamarac, Fl. 33321
SCOTT N MARGOL
MCNO PLAZA - PCNT.OkjSE 0
SPIAN S. MCMUGH
'PC) "8'r 80OWARD SOULEVAMO
USAN P MOTLEY
POST o$rfFjCa MOX .900
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FORT LatraZIND"Z. FLORIDA 3*302
CIP40Y NIA0-mANN^0q
(303) 764 -66450
GARRY W O'DONNELL
60C^ INIATON 392 - 9771 94A - 3ZO3
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(309) 371,6262
89LINCA PILUTZKY
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N"011ill 7413 - 1311 - lreotcoa-cw $77 08oz
STEVE I SILVERMAN
811 CAST ICVWCPSOPd S-rPEE-
MARK K, somensTaIN
QUINCT. FLORIDA 30351
LOVIS 8 SOOPLA
(904) 627- 9389
VICTOR L TiGALOCO, JR.
PETER I- TUNIS
"ONNOIC-PANK Towan . SJITE �010
DAVID A WEINTRAUs
10, NORTM P*Or4ftoc STORce,
PAUL A. ZEIGLER
T&"AjL&sssz. FLo3uv^, 3soot
(SO&) Sol 202,7
TILL91=0111,46M (0041 2424L 2032
April 9, 1986
OLCAS19 REPLY TO:
Fort Lauderdale
Re: Oxford Development Enterprises Inc., -- request for
waiver of platting requirement relating to off -site
improvements on Sabal Palms Golf Course property.
Dear Mayor Hart:
This letter is being written on behalf of our client,
Oxford Development Enterprises, Inc.r the applicant for approval
of the Spring House Final Plat and the Spring House Final Site
Plan, which property consists of approximately 15h acres of
the presently existing Sabal -Palms Golf Course. As you are
well aware, the City has'- requested that Oxford provide for
certain off -site improvements to the Sabal Palms Golf Course
property, said improvements being depicted on the Spring House
Off -Site Improvement Plan and the Spring House Final Site Plan.
The purpose of this letter is to
the City Council grant a waiver of the
of that portion of the Sabal Palms Golf
is not included within the boundaries of
Plat, since it is not under the ownership c
EXHIBIT "G"
formally request that
platting requirement
Course property which
the Spring House Final
r control of Oxford.
Mayor Bernard Hart
April 9, 1986
Page Two -
Thank you for your cooperation in this matter.
very truly yours,
RUDEN, BARNETT, MCCLOSKY,
TSCRU RUSSELL, P.A.
Edwin J. Stacker
EJS: sp
cc: Thelma Brown, City Planner
Mr. Steve Flanagan
Martin Sahn
Richard Wohlfarth
RUDEN. BAULITT. MCCLOSIT, SCRUSTER & RusszLL. P A.
0
0
I . .
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0
RIGHT-OF-WAY EASEMENT
THIS RIGHT-OF-WAY EASEMENT, made this day of
1 198 , by SABAL PALMS GOLF CLUB, INC a Florida
corporation, wiE—hits principal office in the County of Broward
and the State of Florida, first party, to the CITY OF TAMARAC,
a Florida municipal corporation having an address at 5811 North-
west 88th Avenue, Tamarac, Florida 33321, second party:
(Wherever used herein, the terms, "first party" and "second
party" shall include singular and plural, heirs, legal representa-
tives and assigns of individuals, and the successors and assigns
of corporations, wherever the context so admits or requires).
W I T N E S S E T H :
WHEREAS, the f irst party is the owner of property situate,
lying and being in Broward County, Florida, and described as
follows:
SEE EXHIBIT A, ATTACHED HERETO AND MADE A PART HEREOF.
WHEREAS, the party of the second part desires an easement
for public roadway and/or other appropriate purposes incidental
thereto, on, over and across said property;
WHEREAS, the party of the first part is willing to grant
such easement,
NOWP THEREFORE, for and in consideration of the - mutual
covenants each to the other running and one dollar and other
good and valuable considerations, the first party does hereby
grant unto the party of the second part, its successors and
assigns, full and free right and authority to construct, maintain,
repair, install and rebuild facilities for above stated purposes
and does hereby grant a perpetual easement on, over and across
the above described property for said purposes.
ACKNOWLEDGMENT
IN WITNESS WHEREOF, the first party has caused these presents
to be duly executed in its name and its corporate seal to be
hereto affixed, attested by its proper officers thereunto duly
authorized, the day and year first above written.
Signed, sealed and delivered SABAL PALMS GOLF CLUB, INC.,
in the presence of: a Florida corporation
By:
RICHARD H. STACKHOUSE, Tr—esident
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County afore-
said to take acknowledgments, personally appeared RICHARD H.
STACKHOUSE, as President of SABAL PALMS GOLF CLUB, INC., a Florida
corporation, to me known to be the person described in and who
executed the foregoing instrument and he acknowledged before
me that he executed the same.
EXHIBIT "H" - OXFORD DEVELOPMENT AGREEMENT DATED APRIL 9, 1986
44,
ON
WITNESS my hand and off icial seal in the County and State
last aforesaid this day of , 1985.
NOTARY PUBLIC
MY commission expires:
-2-
0
I
C2 or
CCL CONSULTANTS, INC.
ENGINEERS$ SURVEYORS$ PLANNERS
POMPANO BEACH OFFICE VERO BEACH OFFICE
Park Central Blvd, N. Suite 100 664 Azalea IAne, 'Suite C-2
974-2200 (305) 231-4227
S.W. coroee
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0 LEGAL DESCRIPTION:
A PORTION OF NTRACT 13" OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE
41 EAST, ACCORDING TO THE PLAT OF FORT LAUDERDALE TRUCK FARMS
SUBDIVISION, AS RECORDED IN PLAT BOOK 4 AT PAGE 31, PUBLIC
RECORDSr BROWARD COUNTYr FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 12, THENCE SOUTH
89009'25" EAST ALONG THE SOUTH LINE OF SAID SECTION 12 FOR 53.01
FEETI THENCE NORTH 0013'45" WEST FOR 94-36 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 0*13145" WEST FOR 394.79 FEET; THE LAST
TWO MENTIONED COURSES BEING PARALLEL WITH AND 53.00 FEET EAST OF
THE WEST LINE OF SAID SECTION 12, THENCE SOUTH 8901014211 EAST
FOR 10.64 PEET1 THENCE SOUTH 6036'49" WEST FOR 30-54 FEET
THENCE SOUTH 0013'45" EAST FOR 352-39 FEET; THENCE SOUTH
44042'13" EAST FOR 49-04 FEET; THENCE SOUTH 89010'42" EAST FOR
258-63 FEET, THENCE SOUTH 0013145H EAST FOR 12.00 FEETI THENCE
NORTH 89010'420 WEST ALONG THE NORTH RIGHT—OF—WAY OF WEST
C014KERCIAL BOULEVARD FOR 265.64 FEET; THENCE NORTH 44*42'13"
WEST FOR 49-04 PEET TO THE POINT OF BEGINNING AND CONTAINING
0-151 ACRE MORE OR LESS.
SUBJECT TO EXISTING EASEMENTS, RIGHTS —OF —WAY* RESTRICTIONS AND
19 RESERVATIONS OF RECORD IF ANY.
II.mR,ZPRODUCTIONS Or THIS SKETCH ARE NOT
VALID UNLESS SZ1kLZD WITH AN EMBOSSED
SURVEYOR'S SEAL.
2 LAND$ SHOWN HEREON WERE NOT ABSTRACTED
FOR ZASZMENTS AND/OR RIGHTS-or-WAy Or
RECORD.
3- DATA SHOWN HEREON WAS COMPILED FROM
OTHER INSTRUMENTS AND DOES NOT
CONSTITUTE A FIELD SURVEY AS SUCH.
'ERTIFICATIONI
HEREBY CERTIFY THAT THE ATTACHED SKETCH
AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO
T14E BEST Or my KNOWLEDGE AND BELIEF AND IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET
FORTH BY THE FLORIDA STATE BOARD OF LAND
SURVEYORS.
DATE By
Pnotis$10NAL LAND SWpIVEyop 4464 STATE OF FLORIOA
ISHMAEL S. MONAM-CD- 01 'C"
DATE 1.3.4s ORA I $OVN CHECKED FIELD
Ar- 19y Af Z) Isy / S. A07. ISOOK
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