HomeMy WebLinkAboutCity of Tamarac Resolution R-83-226Introduced by Temp. Reso. #2834
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CITY OF TAMARC, FLORIDA
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RESOLUTION NO. R-83-
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A RESOLUTION AUTHORIZING THE APPROPRIATE
PARTIES TO EXECUTE A STIPULATION FOR
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SETTLEMENT WITH HEATHGATE-SUNFLOWER HOME-
OWNERS ASSOCIATION, INC., ON BEHALF OF THE
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CITY OF TAMARAC; AND PROVIDING AN
EFFgCTIVE DATE,
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WHEREAS, the City of Tamarac is the named defendant in a
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lawsuit in which Heathgate-Sunflower Homeowners Association,
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Inc. is the plaintiff, in the Circuit Court of Seventeenth
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Judicial Circuit in and for Broward County, Florida, Case No.
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82--22515-CP; and
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WHEREAS, the City Council has determined that settlement
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of said lawsuit is in the best interest of the City of
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Tamarac; and
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WHEREAS, the City of Tamarac and Heathgate-Sunflower
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Homeowners Association, Inc. have negotiated a Stipulation
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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
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desirous of approving the Stipulation for Settlement to
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settle this case; and
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WHEREAS, the City Council of the City of Tamarac has
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received a copy of such Stipulation for Settlement, and
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wishes to authorize the appropriate parties to execute the
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same on behalf of the City of Tamarac.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
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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.
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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:
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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.
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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
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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)