HomeMy WebLinkAboutCity of Tamarac Resolution R-84-0531
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Introduced by &ZIt, Temp. # 3044
CITY OF TAMARAC, FLORIDA
RESOLUTION NO: /—.53
A RESOLUTION OF TBE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA, DECLARING THE NEED TO ACQUIRE
AN EASEMENT ON A PARCEL OF LAND LOCATED ON
TRACTS B THROUGH Q OF LAND SECTION 4, GOLF COURSE
PLAT BOOK 88, PAGE 20, SAID LAND BEING APPROXI-
MATELY 270 ACRES, ENOWN AS THE WOODMONT COUNTRY
CLUB GOLF COURSES, DECLARING THAT A USE EASEMENT
IS NECESSARY ON SAID LAND FOR A PUBLIC PURPOSE
THROUGH THE EXERCISE OF THE CITY'S POWER, OF
EMINENT DOMAIN; INSTRUCTING THE CITY ATTORNEY TO
FILE SUCH CIVIL ACTION AS MAY BE DEEMED NECESSARY
TO ACQUIRE SAID EASEMENT PURSUANT TO TIE CITY'S
POWER OF EMINENT DOMAIN; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac requires easements to accomplish
spray irrigation on the golf courses located at the Woodmont Country Club in
the City of Tamarac, as part of the application for federal and state grants
and in order to support Tamarac's continuing application for a variance from
the Environmental Quality Control Board standards for waste water disposal;
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WHEREAS, there currently are legal impediments to the granting
of the required easements because of representations made by Woodmont
Corporation, the current title holder of the Woodmont Country Club property,
made in an offering statement for the sale of the said property, a lawsuit
in the Circuit Court in and for Broward County, Florida, and a proposed
sale of said property to homeowners in the Woodmont area; and
WHEREAS, the City of Tamarac's staff and consulting engineers
have met with the committee authorized by the equity owners at Woodmont to
negotiate the purchase of the golf course properties, and the conclusion has
been reached that no parties currently are authorized to execute easements
to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: Public Purpose.
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Temp. # 3044
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2 All of the representations made above are true and correct.
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4 SECTION II: Description of property to be Acquired.
5 The legal description of the property to be acquired is set
6 forth on Exhibit "A" attached hereto.
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SECTION III: Interest to be acquired.
8 The interest to be acquired is determined to be an easement to
9 use the property to spray irrigate effluent as part of the City of Tamarac's
10 waste water treatment and disposal plan.
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12 SECTION IV: Necessity of acquisition.
13 The City Council hereby determines and finds that the acquisition
14 of the above described property is necessary for the stated public purpose
15 set forth herein.
16 SECTION V: No mobile home is located on the property sought to
17 be acquired.
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19 SECTION VI: Conditions.
20 All conditions precedent to the acquisition of the above described
21 property have been performed or have occurred.
22 SECTION VII: In furtherance of the findings of the City Council
23 set forth above, the City Attorney hereby is authorized and directed to
24 institute a suit in the Circuit Court for the 17th Judicial Circuit in and for
25 Broward County, Florida, in the name of the City of Tamarac, in the exercise
26 of the City's poer of eminent domain under the constitution and laws of
27 the State of Florida, including Chapters 73, 74 and 127 Florida Statutes for
28 the purpose of acquiring a use easement to use the above described property, and
29 to do all things necessary to prosecute such suit to final judgment.
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SECTION VIII: That this Resolution shall be in full force and
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effect immediately upon its passage and adoption.
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Temp. # 3044
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PASSED, ADOPTED AND APPROVED THIS Z,4-1 day of ) 1981
ATTEST:
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
L L
MAYOR
RECORD OF COUNCIL VOTE
MAYOR FALCK: _ ��-
DIST. 1: C/M KRAVITZ:
DIST. 2: VIWI ASSSARO: --
DIST. 3: C/M STELZER:
DISC'. 4: C!N1 F.RA e Z:
- 3 -
G
WOODMONT GOLF COURSES
A portion of Tracts, A, B, and C, LAND SEC. 4 GOLF COURSE PLAT according
to the plat thereof, as recorded in Plat Book 88, Page 20, of the Public
Records of Broward County, Florida, and a portion of FORT LAUDERDALE
TRUCK FARMS SUBDIVISION of Section 4, Township 49 South, Range 41 East,
according to the plat thereof, as recorded in Plat Book 4, Page 31, of
the Public Records of Broward County, Florida. described as follows:
COMMENCING at the Northwest corner of Section 4, Township 49 South,
Range 41 East; thence North 00°10'05" West, along the West boundary of
said Section 4. 6.33 feet to the POINT OF BEGINNING, said point also
being on the South right-of-way line of Southgate Boulevard and the
North boundary of said Tract A; thence South 89°33'35" East, along said
South right -of -sway line and North boundary, 506.18 feet; thence South
00009103" East, 389.13 feet; thence South 69°45'23" East, 379.53 feet;
thence northeasterly along the arc of a tangent curve said curve being
concave to the Northwest having a radius of 250.00 feet, a delta of
72°12'51", an arc distance of 315.09 feet; thence South 89°33'35" East,
400.00 feet; thence North 00009103" West, 435.00 feet to a point of
intersection with said South right-of-way line of Southgate Boulevard
and said North boundary of Tract A; thence South 89*33135" East, along
said South right-of-way line and along the North boundary of said Tracts
(See attached for continuation of Legal Description)
A and C. 1194.52 feet; thence southeasterly along the are of a tangent
curve, said curve being concave to the Southwest having a radius of 25.00
feet, a delta of 90°00'00", an are distance of 39.27 feet; thence tangent
to said curve South 00*26125" Wert, 84.00 feet; thence southerly along
the are of a tangent curve, said curve being concave to the West having a
radius of 200.00 feet, a delta of 34°18'35", an are distance of 119.76
feet; thence tangent to said curve South 34045100" West, 75.55 feet to a
point on the right-of-way line of that certain canal right-of-way
recorded in Official Records Book 6450, Page 688. of the Public Records
of Broward County, Florida, said point also being a point on the arc of a
non -tangent curve (radial line thru said point bears South 28'35'58"
West); thence northwesterly along said right-of-way line and along the
arc of said curve being concave to the Southwest having a radius of
280.00 feet, a delta of 28°09'31", an arc distance of 137.61 feet; thence
tangent to said curve North 89*33135" West, along said right-of-way line,
650.00 feet; thence southwesterly along said right-of-way line and along
the arc of a tangent curve, said curve being concave to the Southeast
having a radius of 180.00 feet, a delta of 90°00'00", an are distance of
282.74 feet; thence tangent to said curve South 00*26125" West, along
said right -of -may line and along the East boundary of said Tract A. 72.90
feet; thence southwesterly along the arc of a tangent curve, said curve
being concave to the Northwest having a radius of 300.00 feet, a delta of
28003135"9 an arc distance of 146.92 feet; thence tangent to said curve
South 28'30'00" West, along said right -of. way line and along said East
boundary, 287.48 feet to a point on the arc of a non -tangent curve
(radial line thru said point bears North 07046143" East); thence westerly
along the are of said curve being concave to the North having a radius of
330.00 feet, a delta of 3*18102", an arc distance of 19.01 feet; thence
tangent to said curve North 78°55'15" West, 39.26 feet; thence North
10°30100" West, 160.87 feet; thence South 79°30'00" West, 478.61 feet;
thence westerly along the are of a tangent curve, said curve being
concave to the North having a radius of 350.00 feet, a delta of
46019'55". an are distance of 283.03 feet; thence tangent to said curve
North 54*10105" West, 621.27 feet; thence southwesterly along the arc of
a tangent curve said curve being concave to the Southeast having a radius
of 60.00 feet, a delta of 108°00'00", an arc distance of 113.10 feet;
thence tangent to said curve South 17*49155" West, 372.42 feet to a point
of intersection with the West boundary of said Section 4; thence South
00'10'05" Last. along said West boundary. 185.00 feet; thence South
84°10'05" East, 140.74 feet; thence easterly along the arc of a tangent
curve, said curve being concave to the South having a radius of 300.00
feet, a delta of 26*00100". an arc distance of 136.14 feet' thence
tangent to said curve South 58'10'05" East. 775.64 feet to a point on the
arc of a non -tangent curve (radial line thru said point bears South
68°39154" East); thence southwesterly, along the are of said curve being
Page 2 of 8 Pages
concave to the Southeast having a radius of 240.00 feet, a delta of
7032'24", an are distance of 31.58 feet; thence tangent to said curve
South 13°47'42" nest. 10.01 feet; thence southwesterly along the are of a
tangent curve, said carve being concave to the Northwest having a radius
of 25.00 feet, a delta of 95*26133", an arc distance of 41.65 feet to a
point of intersection with the northerly right-of-way line of A.W. Mot
Street, as recorded in Official Records Book 6450. Page 688, of the
Public Records of Broward County, Florida, said point also being a point
of compound curvature; thence westerly along said northerly right -of -sway
line and along the arc of a tangent curve being concave to the North
having a radius of 1395.00 feet, a delta of 0'43'43". an arc distance of
17.74 feet; thence tangent to said curve North 70'02'03" West, along said
northerly right-of-way line and along the southerly boundary of said
Tracts B and A. 461.99 feet; thence westerly along said northerly
right-of-way line and along the arc of a tangent curve, said carve being
concave to the South having a radius of 1270.00 feet, a delta of
19*30909", an are distance of 432.29 feet; thence tangent to said came
Worth 89032'12" Vest, along said right -of -Tway line, 206.15 feet; thence
northwesterly along the are of a tangent carve, said carve being concave
to the Northeast having a radius of 25.00 feet, a delta of 102*10128". an
arc distance of 44.58 feet to a point of reverse curvature, said point
also being on the East right -of- way line of N.W. 88th Avenue. as
recorded in Official Records Book 4747, Page 183. of the Public Records
of Broward County, Florida; thence northerly along said right-of-way line
(said line also being the Vest boundary of said Tract A), and along the
arc of a tangent curve, said curve being concave to the Vest having a
radius of 1053.00 feet, a delta of 12*48121", an arc distance of 235.35
feet; thence! tangent to said curve North 00'10105" West, along said Vest
boundary of Tract A. 969.69 feet; thence northeasterly along the are of a
tangent curve, said curve being concave to the Southeast having a radius
of 25.00 feet, a delta of 90*36130". an arc distance of 39.54 feet to a
point on said South right- of -sway line of Southgate Boulevard; thence
South 89*33935" East, along said South right-of-way line, 171.74 feet to
the POINT OF BEGINNING.
TOGETHER WITH
A portion of Tract C of said LAND SEC. 4 GOLF COURSE PLAT and a portion
of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 4, Township 49
South, Range 41 East, described as follows:
BEGINNING at the Bost northeasterly corner of said Tract C; thence South
00*12116" Bast, along the East boundary of said Tract C, 1323.97 feet to
a point on the northerly right-of-way line of N. W. 82nd Street, as
recorded in Official Records Book 6450, Page 688. of the Public Records
Page 3 of 8 Pages
of Broward County, Florida; thence South 89'47'44" West, along said
northerly right-of-way line and along the South boundary of said Tract C.
200.00 feet; thence westerly along said northerly right-of-way line and
along the arc of a tangent curve, said carve being concave to the South
having a radius of 680.00 feet, a delta of 4*26158", an arc distance of
52.81 feet to the Southeast corner of WOODMONT TRACT 51, according to the
Plat thereof, as recorded in Plat Book 92, Page 32, of the Public Records
of Broward County, Florida; thence North 04'39'14" West, along the
easterly boundary of said WOMNONT TRACT 51, 361.86 feet; thence
northwesterly along the boundary of said WOODMONT TRACT 51 and along the
arc of a tangent curve, said curve being concave to the Southwest having
a radius of 100.00 feet, a delta of 102'20'46", an arc distance of 178.63
feet to a point of compound curvature; thence south- westerly along the
-
boundary of said WOODMONT TRACT 51 and along the arc of a tangent curve,
said curve being concave to the Southeast having a radius of 1000.00
feet, a delta of 35'30'00", an arc distance of 619.59 feet to a point of
compound curvature; thence southerly along the boundary of said WOODMONT
TRACT 51 and along the arc of a tangent curve, said curve being concave
to the East having a radius of 200.00 feet, a delta of 70*00100", an arc
distance of 244.35 feet; thence tangent to said curve South 32'30'00"
East, along said boundary of VOODMONT TRACT 51, 171.20 feet to a point of
cusp; thence northwesterly along the boundary of that certain canal
right-of-way as recorded in Official Records Book 6450, Page 688, of the
Public Records of Broward County. Florida, and along the arc of a tangent
curve, said curve being concave to the Southwest and having a radius of
230.00 feet; a delta of 43°32'56", an arc distance of 174.82 feet to a
point of reverse curvature; thence northwesterly along said right-of-way
line and along the arc of a tangent curve said curve being concave to the
Northeast having a radius of 150.00 feet, a delta of 62'02'56", an arc
distance of 162.44 fact; thence tangent to said curve North 14'00'00"
West, along said right -of -sway line. 169.36 feet; thence northwesterly
along said right-of-way line and along the are of a tangent curve said
curve being concave to the Southwest having a radius of 290.00 feet, a
delta of 59*00100", an arc distance of 288.33 feet; thence tangent to
said curve North 73*00100" West, along said right-of-way line, an are
distance of 80.00 feet; thence northwesterly along said rigbt-of-Way
line and along the are of a tangent curve, said curve being concave to
the Northeast having a radius of 200.00 feet, a delta of 41'00'00", an
are distance of 143.12 feet; thence tangent to said curve North 32'00'00"
West, along said right -of -may line, 650.00 feet; thence northwesterly
along said right-of-way line and along the are of a tangent curve, said
curve being concave to the Southwest having a radius of 280.00 feet, a
delta of 17.06'01", an are distance of 83.57 feet; thence Worth 34'45'00"
East, 75.55 feet; thence northerly along the are of a tangent curve, said
curve being concave to the West having a radius of 260.00 feet. a delta
Page 4 of 8 Pages
of 7'03'03". an arc distance of 32.00 feet to a point of reverse curva-
ture; thence northeasterly along the are of a tangent curve, said curve
being concave to the Southeast having a radius of 25.00 feet, a delta of
79°53'45", an arc distance of 34.86 feet; thence tangent to said curve
South 72*241170 East, 31.18 feet; thence southeasterly along the arc of a
tangent curve being concave to the Northeast having a radius of 730.00
feet, a delta of 3°37'17", an arc distance of 46.14 feet; thence South
00'26'25" Nest, 31.39 feet; thence southerly along the are of a tangent
curve, said curve being concave to the East having a radius of 200.00
feet; a delta of 27*11135". an are distance of 94.92 feet; thence North
89031126" Bast, 162.02 feet; thence easterly along the arc of a tangent
curve being concave to the South having a radius of 400.00 feet. a delta
of 42'43'43", an arc distance of 298.30 feet to a point of reverse
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curvature; thence southeasterly along the arc of a tangent curve, said
curve being concave to the Northeast having a radius of 540.00 feet, a
delta of 44'48'430. an are distance of 422.34 feet; thence tangent to
said curve North 87'26'25" East. 535.00 feet; thence northeasterly along
the are of a tangent curve. said curve being concave to the Northwest
having a radius of 75.00 feet, a delta of 90*00100", an are distance of
117.81 feet; thence tangent to said curve Worth 02'33135"Nest, 130.00
feet; thence northwesterly along the arc of a tangent curve, said curve
being concave to the Southwest having a radius of 75.00 feet, a delta of
90000,00", an arc distance of 117.81 feet; thence tangent to said curve
South 87026925" West. 535.00 feet; thence northwesterly along the arc of
a tangent curve, said curve being concave to the Northeast having a
radius of 260.00 feet. a delta of 43*00.00", an arc distance of 195.13
feet to a point of reverse curvature; thence northwesterly along the arc
of a tangent curve, said curve being concave to the Southwest having a
radius of 700.00 feet, a delta of 41'19'36", an arc distance of 504.90
feet to a point of reverse curvature; thence westerly along the are of a
tangent curve, said curve being concave to the North having a radius of
565.00 feet, a delta of 18'28'53". an arc distance of 182.25 feet; thence
North 84*22131" West. 79.51 feet; thence Worth 00'26'25" East, 35.00
feet; thence northeasterly along the arc of a tangent carve, said curve
being concave to the Southeast having a radius of 25.00 feet, a delta of
90*00,00", an are distance of 39.27 feet to a point on the South
right-of-way line of Southgate Boulevard; thence tangent to said curve
South 89*33135" East, along the said South right -of -fray line. 1775.00
feet to the POINT OF BEGINNING.
ALSO TOGETHER WITH
A portion of Tract D of said LAND SEC. 4 GOLF COURSE PLAT and a portion
of said FORT LAUDEBDALE TRUCK FARMS SUBDIVISION of Section 4. Township 49
South, Range 41 East, described as follows:
Page 5 of 8 Pages
BEGINNING at the most southwesterly corner of said Tract D; th"ce North
14*00113" East, along the West boundary of said Tract D and along the
right-of-vsy line of that certain canal right-of-way as recorded in
Official Records Book 6450, Page 688, of the Public Records of Brovard
County, Florida, 40.24 feet; thence northeasterly along said right -of -
pay line_ and along the arc of a tangent curve, said curve being concave
to the Southeast having a radius of 100.00 feet, a delta of 92*47107", an
are distance of 161.94 feet to a point of reverse curvature; thence
northeasterly along said right-of-way line and along the arc of a tangent
curve, said curve being concave to the Northwest having a radius of
180.00 feet, a delta of 78'17'21", an are distance of 245.95 feet; thence
tangent to said curve Worth 28'30'00" East, 425.78 feet to a point on the
are of a non -tangent curve (radial line thru said point bears North
01*47158" Vest); thence northeasterly along the arc of said curve being
concave to the Northwest having a radius of 390.00 feet; a delta of
18'12'02", an are distance of 123.89 feet; thence tangent to said curve
North 70000'00" East, 430.00 feet; thence forth 87'00'00" East, 790.00
feet to a point on aforesaid canal right -of -sway; thence South 32'00'00"
Bast, along said right -of -Tway line, 276.10 feet; thence southeasterly
along said right -of -sway line and along the are of a tangent cure, said
curve being concave to the Northeast having a radius of 280.00 feet, a
delta of 41'00'00", an are distance of 200.36 feet; thence tangent to
said curve South 73'00'00" East, along said right -of- way line, 80.00
feet; thence southeasterly along said right-of-way line and along the are
of a tangent curve, said curve being concave to the Southwest having a
radius of 200.00 feet, a delta of 59'00'00", an arc distance of 205.95
feet; thence tangent to said curve South 14'00'00" East, along said
right-of-way line, 169.36 feet; thence southeasterly along said
right-of-way line and along the arc of a tangent curve, said curve being
concave to the Northeast having a radius of 230.00 feat, a delta of
62'02'56", an are distance of 249.08 feet to a point of reverse
curvature; thence southeasterly along said right-of-way line and along
the arc of a tangent curve, said curve being concave to the Southwest
having a radius of 150.00 feet, a delta of 43°32'56", an are distance of
114.01 feet; thence tangent to said curve South 32'30'00" Bast, along
said right-of-way line, 50.00 feet to a point on the northerly right -of -
Way line of W. W. 82nd Street, as recorded in Official Records Book 6450,
Page 688, of the Public Records of Broward County, Florida; thence South
49'31'56" Vest, along said right-of-vay line 273.71 feet; thence
southwesterly along the arc of a tangent curve, said curve being concave
to the Northwest having a radius of 1395.00 feet, a delta of 14'28'04",
an arc distance of 352.26 feet; thence tangent to said curve South
64.00'00" West, along said right-of-way line. 36.78 feet; thence westerly
along the are of a tangent curve said curve being concave to the Worth
having a radius of 25.00 feet, a delta of 86'52'08", an arc distance of
Page 6 of 8 Pages
37.90 feet to a point of reverse curvature; thence north- westerly along
the northerly right-of-way line of P. W. Slat Street, as recorded in said
official Records Book 6450, Page 688 and along the arc of a tangent
curve, said curve being concave to the Southwest having a radius of
1165.00 feet, a delta of 22'18'12", an arc distance of 453.50 feet to a
point on the arc of a radially tangent curve; thence northerly along the
are of a tangent curve, said curve being concave to the West having a
radius of 300.00 feet, a delta of 52*52137". an arc distance of 276.86
feet; thence tangent to said curve Worth 14018141" West, 90.00 feet;
thence Borth 24*06106" West. 435.26 feet; thence northwesterly along the
arc of a tangent curve, said curve being concave to the Southwest having
a radius of 100.00 feet. a delta of 83*04102", an arc distance of 144.98
feet; thence tangent to said curve South 72'49'52" West. 501.42 feet;
thence South 69'19'52" West, 362.18 feet; thence southerly along the arc
of a tangent curve, said curve being concave to the East having a radius
of 170.00 feet, a delta of 76*00100", an are distance of 225.50 feet;
thence tangent to said curve South 06040108" East 137.18 feet to a point
on said northerly right-of-vay line of N. W. 81st Street; thence South
83'19'52" hest, along said right-of-way line, 208.97 feet; thence
westerly along said right-of-way line and along the arc of a tangent
curve said curve being concave to the Worth having a radius of 1395.00
feet, a delta of 19'01'46". an arc distance of 463.32 feet to the POINT
OF BEGINNING.
ALSO TOGETHER WITH
A portion of said Tract D described as follows:
BEGINNING at the soot northerly and westerly corner of said Tract D;
thence South 61'30'00" East, 206.31 feet; thence South 70'00'00" West,
235.30 feet; thence southwesterly along the are of a tangent curve being
concave to the Northwest having a radius of 330.00 feet, a delta of
11*53*53", an arc distance of 68.53 feet to a point on the right-of-vay
of that certain canal rigbt-of-way as recorded in Official Records Book
6450, Page 688 of the Public Records of Broward County, Florida; thence
North 28'30'00" East, along said right-of-way line. 222.49 feet to the
POINT OF BEGINNING.
ALSO TOGETHER V TH
Tracts E and F of said LAND SEC. 4 GOLF COURSE PLAT.
Said lands containing 119.967 acres, sore or lean and lying in the City
of Tamarac, Broward County, Florida.
Page 7 of 8 Pages
Policy Numbe
AND
Tracts Go 9, I, J, L, L, No We 0, P, and Q, LAM SEC. i GOLF COIIBSE PLAT,
according to the Plat thsreof as recorded in Plat Book 88, Page 20 of the
Public Records of Broward County, Florida.
Said lands containing 150.677 acres, sore or less, and lying in the City
of Tamrac, Broward County, Florida.
Page 8 of 8 Pages
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