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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-237Introduced by Temp. #2418 2 2 3 4 5 6 7� B 9 20 .0 32 33 14 15 26 17 I'g 20 211 0 23 24 25 26 27 28 291 Q 32 33 34 351 361 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-82-a,3 A RESOLUTION APPROVING STIPULATION #14 TO CASE NO. 72-11731 WITH CITY NATIONAL BANK OF MIAMI, AS TRUSTEE UNDER TRUST NO. 5003183, AND MONTWOOD, INC., AS TRUSTEE UNDER TRUST NO. 101, AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAME; AND PROVID- ING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Stipulation #14 to Case No. 72-11731 with City Nati6nal Bank of Miami, as Trustee under Trust No. 5003183, and Montwood, Inc., as Trustee under Trust No. 101, is HEREBY APPROVED AND ACCEPTED, a copy of this document being attached hereto as Exhibit "A". SECTION 2: That the appropriate City officials are hereby authorized to execute this document on behalf of the City. The City Attorney is authorized and instructed to submit this Stipulation to the Court for approval. SECTION 3: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this�day of 1982. 7- ATTEST: ASSISTANT CITT CLERK I HEREBY CERTIFY t t I have approved the for and correct- ness,e�f_ i lution. I MAYOR RECORD OF COUNCIL VOTE AAAYOR6 . Q�pi DISTRICT 1: DISTRIC? 2: DISTRICT 3: DISTRICT 4: IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 72-11731 "J" WEISSING LEADERSHIP HOUSING SYSTEMS, + INC., and SIMON ZUNAMON, as Trustee, + VS. Plaintiffs, + + STIPULATION NUMBER 14 THE CITY OF TAMARAC, a + municipal corporation, Defendant. COMES NOW CITY NATIONAL BANK OF MIAMI, a United States Banking Corporation, as Trustee under the provisions of that certain Trust Agreement dated the 14th day of September, 1978, and known as Trust Number 5003183, as a Plaintiff, and as the successor in interest to the 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 corporation, 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, a municipal corporation, by and through its undersigned counsel, as directed and approved by the City Council of the City of Tamarac, and file this their Stipulation and state as follows: I 1. The parties previously entered into Stipulation Number 3 which was ratified and confirmed by the Court Order dated the 5th day of March, 1980. 2. It has come to the attention of the parties that there was inadvertently omitted language which would have clarified the agreement between the Plaintiffs and the City as it relates to the adoption of Ordinance 78-48, as conditionally accepted. Accordingly, it is hereby agreed between the parties that Paragraph 10.E of Stipulation Number 3 should read as follows: 10.E. In the case of 30-foot right-of-way widths, the minimum pavement width shall be 24 feet, in lieu of 18 feet. Irrespective of right-of-way width, developer in all instances shall not be required to provide valley gutters at the edge of the pavement; however, the drainage flow line shall conform to Standard Detail Sheet II of Ordinance 78-48, as it existed.j as of the date of Stipulation 3). 3. This Stipulation may be filed in the above -captioned cause by any party, ex-parte, for the entry of an appropriate order ratifying and confirming the terms hereof. 1 2. 1 IN WITNESS WHEREOF, the parties have set their hands and seals this-1.�' day of 1982. WITNESSES: CITY NATIONAL BANK OF MIAMI, as Trustee under the provisions of that certain Trust Agreement dated September 14, 1978 known as Trust Number 5003183 By ., Its Counsel This So day of 1982. MONTWOOD, INC., a Florida Corporation By , LOPtil Q i -'- — - - - IJK-P. •� Its Counsel This -�)D day ofZjL, 1982. CITY OF TAMARAC • y �-- YOR ATTEST: Thisf2;Nay of ,1982. t/tITY MANAGER�) ATTEST: 100 �,.67 APPROVED AS TO FORM: CI f � By Th i s�i�day o ,1982 . 3.