HomeMy WebLinkAboutCity of Tamarac Resolution R-81-020,Introduced by C/M Disraelly
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.R-81-20
A RESOLUTION APPROVING STIPULATION NO.8
WITH MONTWOOD, INC., AND AUTHORIZING
APPROPRIATE CITY OFFICIALS TO EXECUTE
SAME.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City Officials are hereby
authorized to execute Stipulation No. 8, Case No. 72-11731 with City
National Bank of Miami and Montwood, Inc., subject to verification by
the City Engineer of the of the legal description, and approval by
the Court, in essentially the form attached hereto as Exhibit "A".
PASSED, ADOPTED AND APPROVED this 3rd day of February ,1981.
ATTEST:
AS ISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this RESOLUTION.
047tkAA&r-11 " ,, 640'�-
CITY ATTORNEY
MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
,e- - 8/ a2a
r
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. 7 2-117 31 " J" WEISSING
LEADERSHIP HOUSING SYSTEMS, )
IN., and SIMON ZUNAMON, as )
Trustee, )
Plaintiffs, )
VS. ) STIPULATION NUMBER 8
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 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 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, and
joined by Tract 76 Corp. by and through their undersigned
counsel, and the Defendant, CITY OF TAMARAC, 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:
WHEREAS, the Owner is previously agreed to abide by the
terms of City's Ordinance 78-48 with certain specified
exceptions,
WHEREAS, pursuant to the provisions of Paragraph 18 of
Stipulation Number 3, the Owner is permitted a density on
the real property as set forth on Exhibit "A" not to exceed
12.1 units per acre, and
WHEREAS, the Owner desires to develop said property at
a density of 3.6 units or less per acre, and
M
1
WHEREAS, the City finds it desirable to reduce when
possible the actual density to be built.
NOW, THEREFORE, it is agreed by and between the parties
as follows:
REAL PROPERTY
1. As to the real property as set forth on Exhibit
"A", commonly referred to as WOODMONT TRACT.50, becat4se of
(a) the unique physical character of said property;
and
(b) the inability of Owner to design a development
for said property in any other manner consistent
with the reasonable use of said property; and
(c) the desire of the Owner to plat and site plan
said property for thirty-six (36) single-
family residential units at an actual density
of less than 3.6 units per acre on an overall
basis, thereby reducing the permitted density
the real property as set forth on Exhibit "A", commonly
referred to as WOODMONT TRACT 50, shall be exempt from
compliance with Section 24.2.3(J) of the City Ordinance 78-
48, as previously attached to Stipulation No. 3, a copy of
which is hereby incorporated by reference and shall further
be exempt from Section 20.34 of the City Code as it applies
to the permitted lengths of cul-de-sacs.
LOCAL PARK AND RECREATION DEDICATION FEES
FOR WOODMONT TRACT 50 ONLY
2. Owner (without prejudice to any other tract owned
by Owner or others) agrees to pay as a local park and recreation
dedication fee, to the City the sum of FIFTEEN THOUSAND
THREE HUNDRED SIXTY AND N0/100 ($15,360.00) DOLLARS. The
payment of said FIFTEEN THOUSAND THREE HUNDRED SIXTY AND
N0/100 ($15,360.00) DOLLAR local park and recreation dedication
fee, as provided for herein shall be in lieu of the NINETY-
FIVE AND N0/100 ($95.00) DOLLARS per unit as required pursuant
to Paragraph 9 of Stipulation No. 3 and the ordinance and
resolutions associated therewith. The local park and recreation
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1'
dedication fee shall be paid by Owner to City as otherwise
provided for in Paragraph 9 of Stipulation No. 3.
EMERGENCY VEHICLE ACCESS EASEMENT
3. Owner shall grant, or will cause to be granted, to
the City a non-exclusive right of an emergency vehicle
access easement generally described as a non-exclusive
access upon the asphalt golf course cartway extending from
N.W. 82 Street along the east side of The Pines Golf Course's
14th fairway and the north side of The Pines Golf Course's
12th fairway to connect with the emergency vehicle access
provided between Lots 20 and 21 of the proposed plat of
WOODMONT PLAT 50. The actual legal description of said non-
exclusive emergency vehicle access easement shall be as
provided for on Exhibit "B", attached hereto and made a part
hereof.
THE PARTIES ACKNOWLEDGE THAT THE INCLUSION OF THE
ABOVE IS NOT A GRANT OF AN EASEMENT.
A formal non-exclusive grant of easement shall be
prepared by Owner and submitted to City for approval as to
form within thirty (30) days from the date of this Stipulation
and, upon approval of the same, recorded in the Public
Records of Broward County, Florida.
GRADING AND DRAINAGE IN
GOLF COURSE SWALE AREAS
4. Developer, joined by Tract 76 Corp., agrees to
construct and maintain the grading and drainage in the golf
swale areas abutting Woodmont Tract 50 in such a manner as
to assure that no significant amount of surface water from
the golf course will flow unto the lots within Woodmont
Tract 50.
EFFECTIVE DATE
5. The parties agree this Stipulation shall be effective
only upon the platting and site plan approval (which reflects
thirty-six (36) single-family residential units) and subsequent
recording of said plat of WOODMONT TRACT 50 in the Public
:zco::ds of Broward County, Florida, and nothing contained
herein shall obligate the City to approve said plat or site
plan of WOODMONT TRACT 50.
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GOOD FAITH AND DILIGENCE
6. All parties agree to use reasonable and due diligence
and good faith efforts to carry forth the terms of this
Stipulation as contained herein.
FILING WITH COURT
7. The parties acknowledge and agree this "Stipulation
No. 8" may be filed in Case No. 72-11731 by either party for
the entry of an appropratie order ratifying and confirming
the same.
NON -WAIVER OF COURT ORDERS
8. Nothing in this Stipulation shall waive, alter or
modify any of the terms and conditions of that certain Order
on Motion for Clarification dated August 27, 1976, as amended
by a stipulated Order dated December 11, 1978, entered in
Case No. 72-11731, styled, "LEADERSHIP HOUSING SYSTEMS, INC.
and SIMON ZUNAMON, as Trustee, Plaintiffs, versus THE CITY
OF TAMARAC, a municipal corporation, Defendant", nor shall
this Stipulation waive, alter or modify any of the terms and
conditions of that certain Order entered on April 2, 1979,
ratifying and confirming "Stipulation No. 1" in Case No. 72-
11731, nor shall this Stipulation waive, alter or modify any
of the terms and conditions of that certain Order entered on
September 14, 1979, ratifying and confirming "Stipulation
No. 2" in Case No. 72-11731. Said Orders are not waived,
amended or superseded by this Stipulation, other than as
specifically set forth herein, and the parties remain bound
to the provisions therof, notwithstanding the existence of
this Stipulation. However, if anything in this Stipulation
No. 8 conflicts with such Orders, this Stipulation and
resulting order, if any, shall govern.
A g.
SUCCESSORS AND ASSIGNS
This Stipulation and the resulting Orders thereon
shall inure to the benefit of the parties and their successors
in interest, both legal and beneficial.
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REPRESENTATIVE CAPACITY OF
CITY NATIONAL BANK OF MIAMI, AS TRUSTEE
10. This "Stipulation No. 8" is executed on behalf of
CITY NATIONAL BANK OF MIAMI, a United States banking corporation,
as Trustee, under the provisions of that certain Trust
Agreement dated September 14, 1978, and known as Trust No.
5003183, solely in its capacity as Trustee and not in its
independent corporate capacity or against any benefi4iary of
the Trust for which said CITY NATIONAL BANK OF MIAMI is
Trustee, under that certain Trust Agreement dated September
14, 1978, known as Trust No. 5003183.
SECTION HEADINGS
ill The section headings herein are for convenience
and reference only, and in no way define or limit the scope
or content of this Agreement or in any way affect its provisions.
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., a Florida
corporation, and TRACT 76 CORP.,
a Florida corporation
by: TIBALLI and BROWN
P.O. Box 5648
Fort Lauderdale, FLorida 33310
c
By
ederick P. Tiballi, Their Counsel
Executed this a\k)r% day of
1981.
CITY OF TAMARAC
5811 Northwest 88th Avenue
Tamarac, Florida 33321
By ' 1 "1,�
Arthur M. Birken, City Attorney
E4ecuted this L}}h day of
Nr& , 1981.
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EXHIBIT "A"
WOODMONT
TRACT 50 (REVISED)
STIPULATION NO. 8
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;
TOGETHER WITH portions of TRACT C, of 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, all being described
as follows:
COMMENCE at the most northeasterly corner of said Tract C; thence
North 89° 33' 3S" West, along a northerly boundary _of said Tract C,
299.94 feet; thence South 02° 33" 3S" Fast, 3S9. 69 Meet to the
.POINT OF BEGINNING; thence continue South 02° 33' 3S" East, 130.00
feet; thence southwesterly along the arc of a tangent curve concave
to the Northwest, having a radius of 7S.00 feet, a delta of 90° 00'
0011, an arc distance of 117.81 feet; thence tangent to said curve,
South 87° 26' 2S" IVest, 53S.00 feet; thence northwesterly along the
arc of a tangent curve concave to the Northeast, havinga radius
of 540.00 feet, a delta of 440 48' 43", an arc distance of 422.34
feet to a point of reverse curvature; thence northwesterly along the
arc of a tangent curve concave to the So ut}iwest, having a radius of
400.00 feet, a delta of 42' 43' 43", an arc distance of 298.30 feet;
thence tangent to said curve, South 89° 31' 26" West, 162.02 feet to
a point on the arc of a non -tangent curve (radial line through said
point bears North 63° 14' 50" East); thence northerly along the arc
of said curve, being; concave to the Fast and having a radius of
200.00 feet, a delta of 27° 11' 3S11, an arc distance of 94.92 feet;
thence tangent to said curve, North 00" 20' 2S" East, 31.39 feet to
a point on the arc of a non -tangent curve (radial line through said
point bears North 13° SS' 26" East); thence northwesterly along the
arc of said curve being concave to the Northeast and having a radius
of 730.00 feet, a delta of 03° 37' 17", an arc distance of 46.14 feet;
thence tangent to said curve, North 72° 24' 17" West, 31.18 feet; .
thence southwesterly along the arc of a tangent curve concave to the
Southeast, having a radius of 2S.00 feet, a delta of 79° S3' 45", an
arc distance of 34.86 feet to a point of reverse curvature; thence
southwesterly along the arc of a tangent curve concave to the North-
west, having a radius of 260.00 feet, a delta of 07° 03' 03", an arc
distance of 32.00 feet; thence tangent to said curve, South 34° 45'
00" West, 75.S5 feet to a point on the northerly right-of-way of that
certain canal as recorded in Official Records Book 64500 Page 688, of
the public records of Broward County, Florida (said point -also being
on the arc of a non -tangent curve with a radial line through said
point being South 40° 54' 02" West); thence northwesterly along the
arc of said curve being concave to the southwest and having a radius
of 280.00 feet, a delta of 12* 18' OS", an arc distance of 60.12
feet; thence North 34° 45' 00" East, 7S.55 feet; thence northerly
along the arc of a tangent curve concave to the west, having a radius
of 200.00 feet, a delta of 34° 18' 3S", an arc distance of 119.76 feet
thence tangent to said curve, North 00" 26' 2S" East, 84.00 feet;
thence northwesterly along the arc, of a tangent curve concave to the
Southwest, having a radius of 2S.00 feet, a delta of 90° 00' 00",
an arc distance of 39.27 feet to a point of cusp on the South right-
of-way line of Southgate Boulevard; thence along said line and tan-
gent to said curve, Sout} 89° 33' 351.' East, 110.00 feet to a point of
cusp; thence southwesterly along the arc of a tangent curve concave
to the Southeast, having a radius of 2.5.00 feet, a delta of 900 00'
00", an arc distance of 39.27 feet; thence tangent to said curve Sout
00° 26' 25" West, 3S.00 feet; thence South 84° 22' 31" East, 79.�i
feet to a Point on the arc of a non -tangent curve (radial line
through said point bears North 170 35' 42" East); thence easterly
along the arc of said curve being concave to the North and having a
radius of 565.00 feet, a delta of 18° 28' S3', an arc distance of
182.25 feet to a point of reverse curvature; thence southeasterly
along the arc of c curve concave to the Southwest, having a
radius of 700.00 feet, a delta of 410 19' 36", an arc distance of
504.90 feet to a point of reverse curvature; thence southeasterly
EXHIBIT "A"
PAGE 2
STIPULATION NO. 8
along the arc of a tangent curve concave to the Northeast, having a
radius'of260.00 feet, a delta of 43° 00' 00111 an arc distance of
195.13 feet; thence tangent to said curve, North 87° 26' 2S" East,
535.00 feet; thence southeasterly along the arc of a tangent curve
concave to the Southwest, having a radius of 75.00 feet, a delta of
900 00, 0011, an arc distance of 117.81 feet to the Point of
Peginning.
Said lands lying in the City of Tamarac, Rroward ounty, Florida
and containing 10.2429 acres, more or less.
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TRACT C
LAND SEC-4- GOGF
COURSE PLAT
PB. 88, P.2o N
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SKETCH
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REVISED EMERGENCY VEHICLE ACCESS
EASEMENT 'THROUGH WOODMONT GOLF COURSE
City of Tamarac, Broward County, Florida
Sheet 1 of 2
jKEiTH.-J SC�Ii�ARS, P.A.
Eneers - Planners - Surveyors
revised sketch
r�i= 2-3- 81
�
�
DESCRIPTION
EMERGENCY VEHICLE ACCESS EASEMENT
FROM NORTHWEST 82ND STREET TO WOODMONT TRACT 50
A strip of land in Tract C, LAND SEC. 4 GOLF COURSE PLAT
according to the Plat thereof as. recorded in Plat Book
88, Page 20, Public Records of Broward County, Florida,
described as follows: .
BEGINNING at a point on the northerly Right -of -Way line
of Northwest 82nd Street, said point lying South 89° 47'
44" West of and 41.95 feet distant from the southeast-
erly corner of said Tract C; thence South 890 07' 44"
West, along said Right -of -Way line, 12.11 feet;i thence
North 07° 26' 46" East, 135.65 feet; thence North 000
39' 40" East, 329.24 feet; thence North 26° 23' 11"
West, 131.48 feet, thence North 410 31' 09" West, 205.34
feet; thence South 87° 04' 09" West, 82.61 feet; thence
North 66° 34' 04" West, 38.63 feet; thence South 870 26'
25" West, 18.27 feet; thence South 80' 45' 52" West,
75.33 feet; thence North 010 19' 56" West, 21.76 feet to
a point on the South boundary of the proposed Plat of
WOODMONT TRACT 50; thence North 870 26' 25" East, along
said South boundary, 22.35 feet to a point on the arc of
a non -tangent curve (radial line through said point
bears North 34° 34' 11" East); thence southeasterly
along the arc of said curve, concave to the Northeast,
having a radius of 25.00 feet, a delta of 43° 48' 19" ,
an arc distance of 19.11 feet; thence North 80° 45' 52"
East, 33.54 feet; thence North 87° 26' 25" East, 21.74
feet; thence South 660 34' 04" East, 38.59 feet; thence
North 870 04' 09" East, 85.58 feet; thence South 41° 31'
09" East, 212.71 feet; thence South 260 23' 11" East,
135.96 feet; thence South 00° 39' 40" West, 332.84 feet;
thence South 070 26' 46" West, 134.75 feet to the Point
of Beginning.
KEITH AND SCHNARS, P. A.
ENGINEERING, PLANNERS & SURVEYORS
PREPARED BY:
Thomas F. Schnars, PLS
Florida Registration No. 2325
DATED: December 22, 1980
REVISED: February 4, 1981
PROJECT NO: 6619
W-10/ble
Sheet 2 of 2
a,-Jt.ti1.-FRS D.A.t.ii�ilzePr YI,�ner S,irS ey tjr
1
1
LEADERSHIP HOUSING SYSTRIS, +
INC., and SIMON ZUNMION, as
Trustee,
Plaintiffs,
VS. +
THE CITY OF TAMARAC, a
municipal corporation, +
Defendants.
--------------------------------
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. 72-11731 "J" WEISSING
O R D E R
THIS CAUSE came on to be heard by me on this 1 3 th day
of March ,1981, upon 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 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, as the owner of the real property described in Exhibit "A'
attached hereto, 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, and joined by Tract 76
Corp., and the CITY OF TAMARAC, a municipal corporation, Defendant,
and the Court having considered said Stipulation No. 8 and having con-
sidered the pleadings and evidentiary record of the prior proceedings
herein as if such evidence had been reiterated at this hearing, it is
thereupon
day of
ORDERED as follows:
The Stipulation No. 8 as filed in this cause on the 13 th
March ,1981, between the parties is hereby
1
ratified and confirmed and both parties are directed to carry out
the terms and conditions and undertakings as expressed therein.
DONE AND ORDERED in Chambers at Fort Lauderdale, Florida,
this�day of ,1981.
CIRCUIT COURT JUDGE
Copies furnished Counsel
a