HomeMy WebLinkAboutCity of Tamarac Resolution R-83-259Introduced b ✓ ��
Temp. Reso. #2849
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-83-.V5 9
A RESOLUTION APPROVING STIPULATION 16 AMENDING
STIPULATION NO. 2, TO CASE NO'':. 72-11731 BETWEEN
LEADERSHIP HOUSING, INC AND THE CITY OF TAMARAC
. RELATING TO CERTAIN WOODMONT TRACTS;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That Stipulation No. 16,amending Stipulation #2, Case No.
72-11731, between Leadership Housing, Inc. and Simon Zunamon, as Trustee; and the
City relating to Woodmont Tracts 47, 48, 56, 57, 59, 60, 62, 67, 70, 72A and 72B, is
HEREBY APPROVED.
SECTION 2: The appropriate City officials are authorized and in-
structed to execute said Stipulation for presentation to the appropriate Court
officials for acceptance.
SECTION 3: This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this 171day of 1983.
ATTEST:
W.SSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the fo m and correctness
of is R of ion.
P
ATTORNEY j
RECORD OF COUNCIL VOTE
MAYOR FALCK:
DIST. 1: CfM KRAVITZ:
DIST. 2: VIM MASS:
DIST. S: CIM 'S"I"ELZER.
DIST. 4; CIM KRANTZ:
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY,
FLORIDA.
CASE NO. 72-11731
LEADERSHIP HOUSING SYSTEMS
INC., and SIMON ZUNAMON, as
Trustee,
Plaintiffs,
VS.
STIPULATION 16
THE CITY OF TAMARAC, a
municipal corporation,
Defendant.
COMES NOW CITY NATIONAL BANK OF MIAMI, a national banking
corporation, as Trustee under the provisions of that certain
Trust Agreement dated September 14, 1978, and known as Trust
No. 5003183, as a Plaintiff, and as a successor in interest
to Plaintiff, SIMON ZUNAMON, as Trustee under the provisions
of that certain Trust Agreement dated December 1, 1972, and
known as Trust No. 101; and MONTWOOD, INC., a Florida corpora-
tion, as a Plaintiff, and as a successor in interest to
Plaintiff, SIMON ZUNAMON, as Trustee under the provisions of
that certain Trust Agreement dated December 1, 1972, and known
as Trust No. 101, by and through their undersigned counsel,
and the Defendant, CITY OF TAMARAC, by and through its under-
signed counsel, as directed and approved by the City Council
of the City of Tamarac, and file this their Stipulation and
state as follows:
1. The parties previously entered into Stipulation
Number 2 which was ratified and confirmed by the Court Order
dated the 20th day of September, 1979.
2. It has come to the attention of the parties that the
provisions of Paragraph 12 of said Stipulation may require
clarification. Without prejudice to Developer's interpreta-
tion of said paragraph, it is hereby agreed between the
parties as follows:
a. As to Woodmont Tracts 48, 56, 67, 72A and 72C, and
77, the Developer shall hereinafter excavate (or
cause to be excavated) all abutting dedicated canals
to the dedicated right-of-way line and as a part of
such excavation will slope the canal banks above and
below the water line in accordance with Exhibit "A"
attached hereto, prior to the issuance of a building
permit.
Additionally, it is understood that on these tracts
the water's edge as shown on said Exhibit "A" shall
intersect the dedicated canal right-of-way line at
an elevation of +7.0 feet MSL.
b. As to lots or building sites in Woodmont Tracts 47,
54, 57, 59, 60, 62, 70, and 72B, which abut
dedicated canals and for which building permits have
not been issued prior to the date of execution of
this Stipulation, the banks of the dedicated canals
will hereinafter be sloped from the existing water's
edge both above and below the water line in accordance
with Exhibit "A", prior to the issuance of a building
permit.
C. The City agrees that the sloping of the banks of
private waterways previously excavated within the
Woodmont North and South golf courses may remain as
the same exists at the date of this Stipulation and
Plaintiff and its successors assume the responsibility
of maintaining said, private waterways.
sw�w
3. All parties agree to use reasonable and due diligence
and good faith efforts to carry forth the terms of this
Stipulation as contained herein.
4. This Stipulation may be filed in the abov-e-captioned
cause by any party, ex--parte, for the entry of an appropriate
order ratifying and confirming the terms hereof.
CITY NATIONAL BANK OF MIAMI,
as Trustee under the provisions
of that certain Trust Agreement
dated September 14, 1978, and
known as Trust No. 5003183
AND
MONTWOOD, INC.
BY: TIBALLI & FAYNE
Post Office Box 5648
Fort Lauder�ile , FL 33310
,,-5513 \\
By�1v� _
Its nsel
EXECUTED this' 20th day of
September 1983.
CITY OF TAMA C
By
WAL ER W. FALM Mayor
EXEC TED this day of
1983.
Attest:
By
City Panager
By
A RA Z. URMANS, CITY MANAGER
EXEC TED his 0;: day of
1983.
Attest:
By (SL�tZ �2.
_ City Clerk
Approved as to /t/orm:
M
or". Henning, City Aftorney
M=
EXHIBIT "A"
TYPICAL CANAL EXC '"' ION DETAIL
1
BUILDING SST BACK /paM WATERS EDGE SMALL 9E :S'
Two OR MORE STOAtES ZI*FOR ONE STORY
I I►A_TER EDCE
20'MAINTENANC: EA$Lti�ENT
.. t 2
p ; 0 .'p •. ��-`�„"ExISTi��G Cat�aL bdkK (VARIES)
7 . � 0 • • �•w � MAXIUUY��I � 1 `
SLOP( 3.5 aESIGV 1varE EL��.�7.p'tit.«.L.
NEW CANAL BANK /
(VARIES)
EXISTING CANAL SLOPE (VARIES)
THEAC IS NO REGUIRCUENT TO OACK FILL FOR EXISTING OVER- DuG SITUATIONS IN THE WATERWAY
IF Fo7 OR; 80F'T SAND CX7NDITICNS EXIST AT ISOLATED LOCATIONS THAT MAKE THE DUAC,T
CONF'DMANCE WITH THE SIAPE EXCAVATION UIPOSSIBLE, THE CITY ENGINEER MAY APPROVE
OMM EXCAVATICN THAT £SSMIALLY CONFDR% WITH THE n?IUTr Or THE TYPICAL CRASS
SECTION.
DESIGN WATER EDGE SHALL, NOT FALL OUTSIDE CANAL R/W.
THE INTENT OF THIS DETAIL IS TO REQUIRE (BELOW THE WATER) THE
MINIMUM SLOPE WHICH CAN BE CONSTRUCTED DEPENDENT UPON EXISTING -
CONDITIONS. ANY DEVIATION FROM THE DESIRED BELOW WATER SLOPE
OF 1:3.5 SHALL BE SUBJECT TO THE APPROVAL OF THE CITY ENGINEER
Fl