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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-4261 2 3 4 5 6 7 S 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 35 36 Introduced by �/% Temp. Reso. #4405 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--86- Tv (o A RESOLUTION APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SECOND AMENDMENT TO THE DEVELOPERS AGREEMENT WITH MICHAEL A. SNIFF AND DONALD T. SUTTE, JR., FOR THE FOUNTAINS CORPORATE CENTER; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA SECTION 1: That the Second Amendment to the Developer's Agreement offered by Michael A. Shiff and Donald T. Sutte, Jr. for the Fountains Corporate Center project is HEREBY APPROVED. SECTIQN2: That the appropriate City officials are hereby authorized to execute said agreement on behalf of the City. $ECTION 3: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this oZ6 day of , 1986. Berner art MAYOR ATTEST: CAROL E. BARBUTO ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this Resolution. tt p 1 ga e City A orney MAYOR: HART DIST. 1: C/W MASSARO DIST. 2: V/M STELZER DIST. 3: C/M GOTTESMAN DIST. 4: C/M STEIN - - , SECOND AMENDMENT TO DEVELOPER'S AGREEMENT THIS AGREEMENT, entered into by and among MICHAEL A. SHIFF ("SHIFF"), an individual, DONALD T. SUTTE, JR., TRUSTEE ("SUTTE"), an individual, and the CITY OF TAMARAC ("TAMARAC"), a municipal corporation organized and existing under the laws of the State of Florida, W I T N E S S E T H: WHEREAS, a Developer's Agreement was entered into among the above parties pursuant to Resolution R-85-359 ("Agreement") pertaining to the property described upon Exhibits A, B and C, attached hereto, and WHEREAS, the Agreement was amended by an Amended Developer's Agreement last executed -on March 12, 1986 ("Amended Agreement"), and WHEREAS, Section 4(a) of the Agreement requires that the Area to be Vacated, as described therein, would be included in the plat of the SHIFF and SUTTE Properties, which plat would be recorded in the Public Records of Broward County prior to the final site plan approval, and WHEREAS, SHIFF and SUTTE have requested TAMARAC to amend the Agreement and Amended Agreement to provide, in part, that the recordation of the plat should not be a prerequisite condition to the approval of the final site plan because the procedures with regard to the recording of the plat require an extended period of time beyond the date of the approval of the plat linen by TAMARAC, and WHEREAS, TAMARAC has been advised that exactions for traffic signalization are invalid and that provision therefor is made at the County during the platting process, NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the benef its which will f low among and benefit each of the parties hereto, they do hereby agree as follows: 1. GENERAL AMENDMENT NO. 1: Notwithstanding anything to the contrary contained in the Agreement or the Amended Agreement including, specifically, Section 4(a) of the Agreement, the recordation of the plat in the Public Records of Broward County, Florida shall not be required as a condition precedent to final site plan approval. 2. GENERAL AMENDMENT NO. 2: Section 6 of the Agreement, as ratified by the Amended Agreement, is hereby deleted in its entirety. JCB /b 0444kwk_. , Rev. li/17N6 Page 1 3. RATIFICATION: Except as amended hereby, the Agreement and Amended Agreement are hereby ratified. IN WITNESS WHEREOF, the u executed this day of WITNESSES % r / l' / STATE OF COUNTY OF BROWARD rsigned has these presents to be 986. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared MICHAEL A. SHIFF, to me known to be the person described in and who executed the foregoing instrument, and he swore to and acknowledged before me that he executed the same. �J WITNESS my �andof ialseal in the Coun� and State last aforesaid this � day of1986. �/ NOTARY PUBLIC, STATE 0 FLORIDA My Commission ExpiresV0`tr RV �D,,UC STATE OF FLOPADA t MY col'mI55:ON 4AY 115 ]iF 7 BC1 *EL) jtin.0 GEK�RkL I'45'J4AI & IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this G. day of WITNESSES:. DONALD T. SUTTE, JR. 3 4 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 aforesaid, to take acknowledgments, personally appeared DONALD T. STTTE, JR., to me known to be the person described in and who executed the foregoing instrument, and he swore to and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of 1986. NOTARY PUBLIC STATE Of FLORIDA Kv COMMISSION EXP. OCT. 9,1"9 NOT LIC STATE OF FLORID EONDED THRU GENERAL 1N5. UND. My �mmission Expires: IN WITNESS WHEREOF the undersigned has caused these presents to be executed this day of 1986. at JCB/b 0444k Rev. 11/17/86 Page 2 Second Amendment to Developer's Agreement SKETCH AND LEGAL DESCRIPTION FOR MICHAEL A. SNIFF AND ASSOC. , INC. 0 _Ol rt .11, . en, A: 5 1 ° 16' 13' R: 25.00'--1 A: 22.37' S. LINE SEC. 11 5.890 02{05'E. 1006.918 N.44° 54739'; SHEET 2 OF 2 DANIEL CARNAHAN CONSULTING ENGINEERS, INC. CONSULTING ENGINEERS LAND SURVEYORS LAND DEVELOPMENT CONSULTANTS N `N 6191 W.ATLANTIC BLVD. MARGATE. FL. 33063 305 - 972 -3959 L B I CHECKED J L FB/PG • LJ E3 ATTEST: CITY CLERK CITY ATTORNEY APPROVAL: form. STATE OF FLORIDA COUNTY OF BROWARD CITY OF T4MAI2AC d--By:_ �';MAYOR The City Attorney has approved this document as to Before me personally y pp Bernard Hart, Mayor, to me well known and known to mertonbethe person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. Witness my hand and official seal, this 26th day of November, 1986. My commission expires: • Notary Public State of Florida at Large r IC STUE OF FLORIDA r' ?A�I3SL t E}'p $fp1 17,1990 GEhE RAI IR5. UAD. JCB/b 0444k Rev. 11/17/86 Page 3 4 PAGE 31 , VGE 41 EAST or w 7 X XHIBII "A" THI PL A)lp w N W ST Si CQMMERCIAL BLVD� mvERRAgr � G e- S4 ; o zi o : 3 � LOCATION MAP SECTION +1-49-41 NT.S- )ESCRIPTION P0RT10ti OF TRACT 13, "FORT LAUDE RDALE TRUCK FARMS SUBC I V I S I O!" ", LY 1 ".C' 1 �, _CTI 0 101, TOWNSf,IP 4,3 SOUTH, RANGE 41 LAST, AS RECORDED IN PLAT LOOK 4, 'AGL 31 OF THE PULL I C RECORDS OF LROVARD COU-NTY, FLORIDA, EL I NG F'.ORE )ARTICULARLY DESCRI LD AS FOLLD"S: '1�,M, 1;�, AT INC SOUTHwLST (,,tl.) CORNER OF SAI; SCOT loin 11, THL:;CC "GO'lO"N., ALDtrr THI �:LST LISLE OF SAID SECTION 11, A DIS1At;CE OF 53.01 LET, TEiLtrCL S. C9'O-' "L . , A DI STANCE OF GC�F., 5ft FEET TO THE P�1: -.1,f ,F . 1• THENCE N.00.57'S5"C., A DISTANCE OF 300.00 .FELT TO A POINT LYING C' THE SOUTH LINL OF A 106 F001 ROAD RIGHT-OF-WAY, KNOWIN AS N.W. 57TH STP.EET, (T. CS ELI14G COINCIDENT WITH THC SDUTH LINE OF SA Iu 105 FOOT r4XT THREE (�) COURSES TIGHT-OF-oo'AY); IHENC1 S.'-02'05'"E., A DISTANCE OF 50.00 FEET TO T►,� POIfJT (►r ':URVAIURE OF 'A CIRCULAR CUPVL TO THE RIGHT, THENH SOUTHLASTERLY, ALO,NG TiIE JF SAID CURVE, HAVING A RADIUS OF 300.00 FEET, ANr, A CENTRAL ANGLE OF .4.47'D3", FOR A,; ARC DISTANCE OF 443.93 FEET TO THE POItIT OF COMIf'DUi�; C'J�vA- f URL OF A CIRCULAR CURVE TO THE RIGHT, THENCE SOUTHEASTEPLY, SOUTHERLY A',fC i0P,iHWLSTLRLY ALONG THE ARC OF SAID CURVE, HAVII16 A RADIUS OF 25.1r;'0 FEET AN':` :E";T f .AL ANGLE OF 95012' 57 % FOR AN ARE DISTANCE OF 41.55 FEET TO THE P. I ITT 0; ASiGLNCY, SAID POINT ALSO, LYING ON THE NORTH LINE OF A 1 O►, FOOT ROAD R1 GHT - 7 :AY, KNOWN AS C0�,",ERC1AL Lf)L'LEVARD, THCIICE ";.39•�72'O5"W, ALONG SAID P.IGHT-nr :AYLl';L, A DISTANCE OF 302.) .•;'. FEET TO THE N110_.L'f. ° • 115• ')AID LANDS SITUATE, LYINC A%b LLING It! THE CITY OF TAFARAC, BRO ,ARD COUNTY, :LOPIDA AND CONTAINING I.SC4 ACRES, MORE CR LESS. ]EDICATION w ..TATE OF KNOW ALL FIB ERY THESE PRESENTS TIIAT CROP. :OUNTY OF REALTY C' MRAT I ON, A PENNSYLVA► I A CORK,` AIAr /Q OWNER OF I HE LAt1DS DCSCM CED AND SHnWN ,U� CAUSED SAID LANDS TO El SUBDIVIDED AND PL +TTEu AS SHOWN HEREOSS, SAID )JE KNOWN AS "BROADW'AY REALTY CORPORAT I OT? (A RLPLAI) . .., .-A0.. II ••A14 wrw r A,r ArrF�,�, FA�FmFN1 AND ROADWAY EASEVOW C� File No. 14046 1 7 /✓ 6y .ST.ry 57' C A! �; In4TZDy .S, &-.z DESCRIPTION: (N..TS.� A portion of Tract 13, of FORT LAUDERDALE TRUCK FAk:-*S SUB- DIVISION of Section•. 11, Township 49 South, P,ange 41 East, as recorded in Plat Book 4, Page 31, of the Public Pecords of Broward County, Florida, being more particularly. described as follows: C=MENCE at the Southwest corner of said Section 11, THENCE 'South 89002105" East, along the South line thereof, 1321.66 feet to a point; THENCE North 00004159/1 West, 53.01 feet to the POIN� OF BEGINNING of this description; THENCE continue INorth 00 04'59': West along the last described line,,278 (feet to a point; THENCE North 89002405" West, 303.97 feet to a point located on the arc of a circular curve to -the right; THENCE Southeasterly, along the arc of said curve having a radius of 406 feet, an arc distance of 282.59 feet to a POINT OF COMPOUND CURVE; THENCE Southeasterly along the .arc of a circular curve to the left, having a radius of 25 feet, an arc distance of 37.82 feet to the POINT OF TANGENCY of said curve; THENCE South 89002105" East, 174.7Z feet.to the POINT OF BEGINNING. Containing 1.470 acres, more or less. LESS A portion of Tract 13, of FORT LAUDERDAL.E TRUCK FARMS SUB- DIVISION of Section 11, Township 49 South, Range 41 East, Ias recorded in Plat Book 4, Page 31, of the Public Records ;°> Broward County, Florida, being bounded as follows; 'ON THE SOUTH by a line 53.0 feet North of and narallel with ,the South line of said Section 11: I`ON THE EAST by the West line of Parcel 2 as described in lfficial Records Book 5926, Page 135, of the Public Records 'of Broward County, Florida: a7N THE NORTH by a line 60.0 feet North of and parallel with ;the South line of said Section 11: pN THE WEST by the Easterly right -of -way -line of Northwest _57th Street as described in Official Records Book 3918, age 856, of the Public Records of Broward County, Florida. 7 COf"rAINING 0.030 r I r acres, more or less. ' FLWftQ.14 111[ WliCM KWM 40 Mwev amtm, RA104 F. T. JOHN3011, THIS SURVEY CT,.t'3RMS TO THE WMWUM TECHrI-rAL STA%rA9LjS i-)Q tANa SLi:+[r$ AUTH FLORIDA N.P.. • of survey of the above described My Knowledge and Delitf as 'y� . s,-f V, • r .. THI ET -CH IS NOT VALI_1 UN rS r t i am � rueman •. •-� ' � REGISTERED LAND SURVEYOR NC►f ,3356 STATE OF FLORIDA ' CK D N T The CRAVEN T►+OhA I" IS ASSOCIATES, -NC rr,3ke no rarex -I—s ar as to me MI'MM tan teftected ►weon DetO'nna to •^CW-t,'s.r is of- '�arp Ir1eS,•eSCrO'•Or`S,dgreen'!'h 7r`0 71t'er sord-0 tT -rttCS G^a 'ur-e-, '^ S -ns'rumen' IS "Of intended 10 refIRCf Of se' 'Or'* 111 Such r*.d•'ers SuCt' ,^rorr-+cl,on VLOwd Ce Ootomid 0nd ConfrrreC Dr 9th4irs Irvov h ov,fcv, 0'e ' 'Ie verb' C 7'�; n NOTE L Y 11 S►+7.n "ereyn .ere not aDSI.,..ed '01 "1" ,'If - "OT 1`1 / 0► e0r�r� a !s of re.. r,I CHECKED By r_ F 9 : 174 P, j 1_ A; FILE NO � t �J A PORT::ON OF A 106.00 FOOT RIGHT-OF-WAY (KNOWN AS Id.1". 57th Si • LYING T�, SECTION 11, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED I:,; OFFICIAL RECORDS BOOK 3918, PAGE 856, OF THE PUBLIC RECORDS OF L'RO►'.*.;RD COUi:T:', FLORIDA BITING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST (SW) CORNER OF SAID SECTION 11; TH :+C� a. 9 - 05"E. , ALONG THE SOUTH LINE OF SAID SECTION 11, A DISTANCE' OF 1006.91 FEET; THENCE N.00057'55"E., A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING; THENCE S.89002'05"E., ALONG A LINE 60.00 FEET NORTH OF DFS EASUffDE AT RIGHT ANGLE TO) AND PARALLEL WITH THE SOUTH LINE Or SAID SECTION 11, A DISTANCE OF 121.71 FEET TO A POINT LYING ON THE ARC or CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS BEARS N.44054`39"E.; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVI2.G A RADIUS Or 70 25.00 FEET AND A CENTRAL ANGLE OF 42043'45", A DISTANCE OF 18.64 FEET' THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THM':CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 406.00 FL: AND A CENTRAL ANGLE OF 39052'48", A DISTANCE OF 282.59 FEET; THENCE S.47045136"14., ALONG A LINE RADIAL TO THE LAST AND NEXT DESCRIBED CUn%'ZS, A DISTANCE OF 106.00 FEET TO A POINT LYING ON THE ARC OF A CIPCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG THE ARC Or SAID CUP.VF`iiA:'ING F, RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 3707,9'22". A DISTANCE 0". 198.91 FEET TO THE POINT OF C014POUND CURVATURE OF A CIRCULAR 'C::RVZ TO ^'r RIGHT; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, PAVING +G A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 51016' la" , A DISrInA!SCE CIF . 22.37 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COU\T'i , FLORID.> %ND CONTAINING 0.633 ACRES, MORE OR LESS. BEARINGS SHOWN ARIr BASED ON THE PLAT OF "THE FOUN'TAI NS " (° . F . TW3 , Sc- '' (Otherwise identified as being the southern terminus of the "S-Curve" of NW 57th Street at Commercial Blvd.) 0