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HomeMy WebLinkAboutCity of Tamarac Resolution R-83-226Introduced by Temp. Reso. #2834 1 CITY OF TAMARC, FLORIDA 2 RESOLUTION NO. R-83- 3 A RESOLUTION AUTHORIZING THE APPROPRIATE PARTIES TO EXECUTE A STIPULATION FOR 4 SETTLEMENT WITH HEATHGATE-SUNFLOWER HOME- OWNERS ASSOCIATION, INC., ON BEHALF OF THE g CITY OF TAMARAC; AND PROVIDING AN EFFgCTIVE DATE, 7 WHEREAS, the City of Tamarac is the named defendant in a 8 lawsuit in which Heathgate-Sunflower Homeowners Association, I 9 Inc. is the plaintiff, in the Circuit Court of Seventeenth ' 10 Judicial Circuit in and for Broward County, Florida, Case No. 11 82--22515-CP; and 12 WHEREAS, the City Council has determined that settlement i 13 of said lawsuit is in the best interest of the City of 14 Tamarac; and $ 15 WHEREAS, the City of Tamarac and Heathgate-Sunflower 16 Homeowners Association, Inc. have negotiated a Stipulation 17 for Settlement setting forth the terms, conditions, rights and obligations of the City of Tamarac and Heathgate-Sunflower Homeowners Association, Inc.; and WHEREAS, the City Council of the City of Tamarac is 21 desirous of approving the Stipulation for Settlement to 22 settle this case; and 23 WHEREAS, the City Council of the City of Tamarac has 24 received a copy of such Stipulation for Settlement, and 25 wishes to authorize the appropriate parties to execute the 26 same on behalf of the City of Tamarac. 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 2S TAMARAC, FLORIDA: 2ZLZLQN_j_ That the Stipulation for Settlement between the City of Tamarac and Heathgate-Sunflower Associa- tion, Inc., which is attached hereto and made a part hereof by reference, is HEREBY APPROVED. 3 34 35 j 36 r i 1 2' 3 4 5 i' 8 9 10 11 { 12 13 14 15 16 17 21 22 23 24 25 26 27 28 34 35 36 SECTION 9: That the appropriate parties are hereby authorized to execute such Stipulation for and on behalf of the City of Tamarac. SECTION 3: This Resolution shall become effective immediately upon adoption. PASSED,ADOPTED AND APPROVED this /31 day of..t , 1983. ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the Aorm and correctness of this Res ution. C�VY ATTORNEY LAI RECORD OF COUNCIL VOTE MAYOR FALCK: DIST.1: C/M KRAVITZ: DIST. 2: V/M MASSARO: _ ,�-or� DIST. 3: C/M STELZER: DIST. 4: C/M KRANTZ: oil prr GS�.g 3 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NUMBER: 82-22515-CP HEATHGATE-SUNFLOWER HOMEOWNERS ASSOCIATION, INC., a Florida corpor- ation not for profit, Plaintiff STIPULATION FOR SETTLEMENT CITY OF TAMARAC, a Municipal corporation, Defendant The plaintiff, HEATHGATE-SUNFLOWER HOMEOWNERS ASSOCIATION, INC., by and through its undersigned attorneys and the defendant, CITY OF TAMARAC, a Municipal corporation, by and through its under- signed attorneys Stipulate and Agree to the Settlement of this cause upon the following terms and conditions: 1. The defendant acknowledges that the plaintiff, is the title owner to certain real property located•in Broward County, Florida and described as: A portion of Ft. Lauderdale Truck Farms Subdivision of Section 3, Township 49 Sou.th, Range 41 East, as recorded in Plat Book 4, Page 31,of the Public Records of Broward County, Florida, being more fully described as: Parcel "R" of Heathgate, according to the Plat thereof as recorded in Plat Book 72, Page 49, of the Public Records of Broward County, Florida. Parcel "R" of Heathgate Addition 3-A, according to the Plat thereof recorded in Plat Book 75, Page 19, of the Public Records of Broward County, Florida. Parcel "R" of Sunflower, according to the Plat thereof, recorded in Plat Book 76, Page 32, of the Public Records of Broward-County, Florida. Parcel "R" of Heathgate 3rd Addition, according to the Plat thereof recorded in Plat Book 74, Page 16, of the Public Records of Broward County, Florida. Parcel "R" of Sunflower 1st Addition, according to,the Plat thereof, recorded in Plat Book 78, Page 48, of the Public Records of Broward County, Florida. 2. The plaintiff and defendant acknowledge that on or about May 17, 1972, Behring Corporation as a predecessor in ownership to plaintiff of the aforesaid property executed a corrective easement in favor of Froward County, a political subdivision of the State of Florida, said corrective easement being recorded in the Official Records Book 4881, Pages 223-224. - 2 - 3. Plaintiff and defendant acknowledge that on or about March 7, 1973, Leadership Housing, Inc as successor to Behring Corporation and as the prececessor in ownership to plaintiff of the aforesaid property executed a dedication to the Public of certain lands for the purposes of drainage, said dedication being recorded in Official Records Book 5543, Pages 270-271. 4. Plaintiff and defendant acknowledge that on or about May 12, 1976 the plaintiff executed a supplemental easement and dedication for limited purposes in favor of the defendant, CITY OF TAMARAC, said supple- mental easement to that corrective easement recorded in Official Records Book 4881, Page 223, for the limited purposes of controlling the aquatic weed growth, maintenance of drainage system and related functions. The aforesaid supplement easement and dedication for limited purposes is recorded in Official Records Book 6592, Pages 280-281. 5. Plaintiff and defendant 4cknowledge that a bona fide dispute exists over whether the defendant by appropriate ratification has accepted the aforesaid dedications' and easements. By the execution of this Stipulation and by appropriate Resolution the defendant, CITY OF TAMARAC acknowledges -acceptance of the aforesaid dedications and ease- ments for the purposes therein expressed. 6. Plaintiff and defendant acknowledge and agree that by virtue of the aforesaid easements and dedications the defendant is under an obligation to maintain the aquatic weeds in plaintiff's lakes and canals, said maintenance to be in accordance with accepted standards which from time to time may be promugated by the defendant, Broward County or the State of Florida for the control of aquatic weeds. 7. Plaintiff and defendant acknowledge and agree that plaintiff's lakes and canals are an intregal part of defendant's street drainage system. 8. Plaintiff and defendant acknowledge and agree that the aquatic weeds in plaintiff's lakes and canals, if not properly treated, will adversely affect other waterways within the City of Tamarac. The plaintiff agrees that upon execution of the Stipulation for Settlement and the defendant's action in ratifying the resolution the easements and dedications heretofore set forth, plaintiff shall Dismiss with I i - 3 - Prejudice its pending action for declaratory relief and mandamus. 9. Each party to bear its own costs in this action. DATED this day of August, 1983. Law Offices of Law Offices Alan Francis Ruf DAVID H. SINGER Attorneys for defendant Attorneys for plaintiff 2801 East Oakland Park Blvd. 7000 S.W. 62nd Avenue Suite 417 Penthouse B-South Ft. Lauderdale, Florida 33306 Miami, Florida 33143 561-2330 665-1414/665-2423 iristine M. Cars y For the Firm 2574-8/8/83(ne)