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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-125Introduced by Y /'� Temp. Reso. #3994 I 1 III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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. 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IN EXHIBIT "B" OXFORD DEVELOPMENT AGREEMENT DATED APRIL 9, I a I 1 2 3 4 7 10 21 12 13 14 is 26 27 .18 19 F) 21 22 23 24 25 26 27 26 29 32 33 34 35 36 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', 'e- g6 - /'� -5, 1 1 2 3 4 6 7 1 10 11 12 13 14 is 16 .17 fie 19 21 22 23 24 25 26 27 28 29 L ] 32 33 34 35 36 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-� I U I'- DATE 49.4fS, JOYFRAWN Aop..D. ICHECKED IFIELO 5 By 1--tA9. $00K CCL CONSULTANTS. INC. ENGINEERS *SURVEYORS @PLANNERS 0 1. 1� V 000/9'4w'�v S50111 REVISIONS Rev"Jecl 1?e V, Jec/ POMPANO BEACH OFFICE VERO BEACH OFFICE 2200 Park Central Blvd, N. Suite 100 664 Azalea Lane, Suite 0-2 (305) 97+-2200 (305) 231-W7 Do' 3q-047' # 30 A 34- 72 Al 09&-ftl as 001 4%5. 00 Z 7a &V N Al 00# 13 '45 W /SO.10.0 ROCK imqMo nomap WATH AROjecr sirr q 7, 0 0' A we vi /5 w SEC r10Aj le -.of - (mo-r ro /W X. WOO *17'#S "sV 'w JAP. 40" ---� I-- ', .T J9 010'4,P -c -.4h 'r- 146 gp. 40 , A' OSOf4r.4r "All X A A-14??10A0'41e"w 'nt- of ,rmInLIS '0� i' )VeJ7r 00,WV,,RC1.44 8Z VD. 85?010 ve " S DATE a Y PAOFESS1ONAL LAND SURVEYOR STATE OF FLORIDA in I" .0. DATE JDYIAWN jCH1ECKED/',,,,. FIELD a BY ISOOK UJ Z 0 LJ rp IL rl r --I L 'u'o 30 004'. "4p, v C'O T5 #too^* as s 812 0 It ti M FIE Iq IJL N 1�_x -/I _5� RuDzx, BAByzTT, MCCLOSKY, SCHUSTER & RussimL, P.A. ATTORNEYS AT LAW 0 SIPACP4 RUOCIW (19t9_jS4'?) 0 ID CL,AUO9 8, Aftalp40YON CL6-10TY S. SARNIETT O'CM&PO C GERMAN PATOiCIA It- COWA*T 0 It N N ETT IrA L K 4004N I.- 1rAOOUo4^O GILL S. IrRECM^N SCOTT J IrUCOST 1111111LICE 01 GOORLAND MARK r GAIANT TP`4Ok4AS OF GUSTAFSON SCTM in JOSCPM MOMENT A. Kin'L"Cill MIC04ACL 04 KOUL WILLIAM 04, LtOrKOWITZ VIAROY A, NIANOCLKORIld STClPl 0, 114CCANN DONALD C PACCLOSKY WOODROW "04AC" MCLV$14, J11111 TCROCP4CC OWSSELL DON041C S SArrealrict-O CAOL SCMUSTCR PETER OL SA;hVIS GI.&NN N, sm"I'm DARMY 9, SOM91111PSTEIN IEDWINJ, STACK90 JAmes MAR060 TWOMPSON SCOTT In AUSTIN JEFFIr"EY M. DECK To"00AAS OL &Qj�r PETER 9, $11111PONSTUN 0,M^Fdodom 04, COOK SUSAN 0. CLSKY jA-CS 0- GEORGE MELINDA S. GENTILE W. WYNOMAho GEYER. JO. "COMMIT 8, GOLDMAN GLENN a, GOLDSTEIN STevem M, GaggplISAL64 CAROL A- GLINDEL TMOMAS 0, KATZ 0. NICNACL KEENAN CNAISTINg C, I.CC "000A1111100 a, MAIMAN Mayor Bernard Hart City of Tamarac City Hall 5811 N.W. 88th Avenue Tamarac, Fl. 33321 SCOTT N MARGOL MCNO PLAZA - PCNT.OkjSE 0 SPIAN S. MCMUGH 'PC) "8'r 80OWARD SOULEVAMO USAN P MOTLEY POST o$rfFjCa MOX .900 AMUCL 0. NAVON FORT LatraZIND"Z. FLORIDA 3*302 CIP40Y NIA0-mANN^0q (303) 764 -66450 GARRY W O'DONNELL 60C^ INIATON 392 - 9771 94A - 3ZO3 .01 0 GRADY 7969CCOOPIEN ?6A'AS96 19LIX 70,487 JODY ow OLIVER OP49 GISCATNETOwItO SW,re ZOZQ DAVID la OftSpsg$PSKy SOUTP- GISCATF49 SOU69v^PO J01"PS N 00CL1914 Mum. FLczzD& oatai 0009"IT A. PLArSKY (309) 371,6262 89LINCA PILUTZKY I-JO14M L� SMICKMAP4 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 . . I%- (-g6 - /C� � 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 Rvew IJ4.4,vo R4.qD w MESESEM 5 a? 110? 14ps OAF 4: IQ E,3,w r 10. AP 0**A- Ott, Rdyc -f4fJ) to 1-0 0 Ivy P A jr400/311ox-o 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 14) W 0 le ut Z