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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-036Introduced by: IA4?/ Temp. Reso. #3985 CITY OF,TAMARAC, FLORIDA RESOLUTION NO. R--86--?4_ A RESOLUTION APPROVING STIPULATION 19 TO CASE NO. 72-11731-CZ WITH VAUGHAN S. FORD; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAME; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTIQN1; That Stipulation 19 to Case No. 72-11731-CZ with Vaughan S. Ford, successor in interest to Leadership Housing Systems, Inc., and Simon Zunamon, as Trustee, for property described in Exhibit "1" is HEREBY APPROVED AND ACCEPTED, a copy of said Stipulation being attached hereto as Exhibit "l". SECTION2: That the appropriate City officials are hereby authorized to'execute this Stipulation on behalf of the City. The City Attorney is authorized and instructed to submit this Stipula- tion to the Court for approval. SECTION 3: This Resolution shall become effective immedi- ately upon adoption. PASSED, ADOPTED AND APPROVED this,�Zday of 1986. - ATTEST: MAYOR CIT CLERK I HEREBY CERTIFY that I have approved the f� rm and correct- ness of this YiESOLUT10N. CITY ATTORNEY RECORD OF COUNCIL. VOTE MAYOR: KRAVITZ DIST 4: C/M STEIN. DIST 3: C/M GOTTESMAN� DIST 2: C/M MUNITZ _,.....a DIST 1: VIM MAS§6RRQ Ul E� Is LEADERSHIP HOUSING SYSTEMS INC,. AND SIMON ZUNAMON, as Trustee, Plaintiffs, VS. THE CITY OF TAMARAC, a municipal corporation, IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 72-11731-CZ (Weissing) 5LLF_U1.,A TJ9�N__L9 COMES NOW, Vaughan S. Ford as Owner and Developer, hereinafter referred to as "FORD", with a principal business address of 2470 Gray Falls Drive, Suite 110, Houston, Texas 77077, and the City of Tamarac, Florida, by and through its undersigned counsel, as directed and approved by the City Council of the City of Tamarac, by Resolution R-86-36 at its January 27, 1986 meeting, and file this their Stipulation and state as follows: 1. FORD is the owner and developer of a parcel of land which lies within Land Sections 4, 5 and 6 in the City of Tamarac, and therefore as successor to the Plaintiff is a proper party to this Stipulation. 2. FORD is petitioning the City for a rezoning to B-6 zoning as defined in the Tamarac City Code. 3. The legal description of the property which is the subject of this Stipulation is: The north 326.12 feet of the following described parcel; commencing at the intersection of a line parallel with and 286 feet south of as measured at right angles to the south right-of-way line of Canal C-14 of Central and Southern Florida Flood Control District, and a line parallel with and 60 feet west of as measured at right angles to the east line of Section 4, Township 49 south, Range 41 east; thence south 0 12116" east, parallel with and 60 feet west of the east line of Section 4, a distance of 1421.97 feet to the point of beginning of this description; thence, continuing south 0 12116" east, a distance of 1276.62 feet; thence north 65 03137" west, a distance of 662.81 feet; thence north 0 12116" west, a distance of 1020.00 feet; thence north 89 47144" east, a distance of 575.0 feet to a point of curve; thence easterly and southerly, along the arc of a circular curve to the right, having a radius of 25 feet, an arc distance of 39.27 feet to the point of beginning. Contain- ing 4.489 acres, more or less. 4. FORD and the City hereby agree that the property 1 which is the subject of this Stipulation shall be developed in compliance with all requirements of Tamarac City Code as may be amended from time to time. FORD will pay prior to Final site plan approval, a Traffic signalization fee and a Trafficways improvement fee as may be provided in the City Code. It is agreed that the Traffic Signalization fee shall not exceed $20,000. 5. The use of the property is hereby restricted to preclude the uses of: A) ATHLETIC CLUBS & GYMS B) BANKS C) CIVIC ASSOCIATION D) CONVENIENCE STORES E) ELEEMOSYNARY INSTITUTIONS F) FUNERAL HOME G) LODGE HALLS H) REDUCING SALON I) SAVINGS & LOANS J) THEATER for a period of 90 years unless altered by resolution of the Tamarac City Council. 6. FORD agrees to increase the required landscape berms along University Drive and NW 82 Street to a minimum of 42" in height. 7. FORD agrees to develop the property substantially in conformance with the December 12, 1985 preliminary site plan and rendering entitled "Woodmont Professional Building. S. Both parties agree to use reasonable and due dili- gence and good faith efforts to carry forth the terms of this Stipulation as contained herein. 9. This Stipulation may be filed in the above - captioned cause by either party, ex-parte, for the entry of a appropriate order ratifying and confirming the terms hereof. 10. All rights and liabilities herein given to or imposed on either of the parties hereto shall extend their respective heirs, executors, administrators, successors and assigns. This document shall be recorded in Public Records of Broward County and shall have the force and effect of a deed restriction on the parcel of land. 6 P� E 2 �j I Agrecd and stipulated to by: WITNESS WITNESS: ---- ATTEST: CITY CL KK (SEAL) Approved as to /� orm: ATTORNEY )A BAR: #1811 12951726085/p VAUGHAN S. FORD (Successor in interest to the Plaintiff) Date:--- �-� CITY OF TAMARAC, Defendant By: MAX' and CITi' A G E R 01 STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) Before me personally appeared to me well known and known to me to be the person(s) described in and who executed the foregoing instruments, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this Id day of A.D. 1986. Notary P l' State of lorida at Large My commission expires: STATE OF FLORIDA ) MOM jF%, ah._� U61 SS: COUNTY OF BRO ARD ) rr Before me personally appeared 1 to me well known and known to me to be t e person(s) described in and who executed the fore going instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this _4L� day of A.D. 1986. Notary P lic State of F1 rida at Large My commission expires: h��•_. �.... .tee_..,,. 1: .. 4 I I I is 1 I, D University Drive G Z c m w N H O S C m m r m c a 4 O z Go N z v m m m r m C a 0 z s 11 151 V it El it Z OCA T/ON Ski Tcf/ C-I.-V. 77 �r. S7-1 P L), L-A 7-10 IJ 19