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HomeMy WebLinkAboutCity of Tamarac Resolution R-81-020,Introduced by C/M Disraelly TEMP. #1830 1 2 3 4 5 'IL 8 9 10 11 12 13 14 15 16 17 I 20 21 22 23 24 25 26 27 28 29 .32 33 34 35 36 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 -2- 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. -3- 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. -4- 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. -5- 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. 1 blT " b " -r n d GT- SO /CD I` ZI I Za R:25� A. l9.11' I r Z. 35 a'e ' o o38.5� /1/87�26 ZS�E 2/.7¢' Al 36(s 34' 5.58' 87'04'09"E580 B n4,�j'SZ l� SB7�oa'09"N�\ F� �o aN bL o o9m co s z N `4 9 d =6 jz_- m TRACT C LAND SEC-4- GOGF COURSE PLAT PB. 88, P.2o N N � t' N w 3 7 � 6 171 O r 4b (I h SKETCH 5.E.Co2. /2.// TieA GT G /.CIS f 3 8 9' 47'44.rW N LS/. e3 e A"ST2 EE 7- 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