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Home My WebLink AboutCity of Tamarac Resolution R-81-182INTRODUCED BY : alky Temp # 1.985' 1 2 3 4 8 9 10 11 12 13 14 is 16 17 20 21 22 23 24 25 26 27 28 29 .z 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. A RESOLUTION APPROVING STIPULATION NUMBER 10 TO CASE NO. 72-11731 WITH F & R BUILDERS, INC. AND AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE SAME. CBE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,FLORIDA. SECTION 1: That the Stipulation No. 10 to Case No. 72-11731 with F & R Builders, Inc. is hereby approved and accepted. SECTION 2: 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 immediatel upon adoption. PASSED, ADOPTED AND APPROVED this "_ d of — 1981. Wal r W. al k, May ATTEST: e!AA44� Carol Evans, Ass t City Clerk I HEREBY CERTIFY that I have approved the form and correctness of this Resolution Arthur Birken, City Att'y MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE E LEADERSHIP HOUSING SYSTEMS, INC., and SIMON ZUNAMON, as + Trustee, Plaintiffs, VS. IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 72-11731 "J" WEISSING + STIPULATION NUMBER 10 THE CITY OF TAMARAC, a municipal corporation, + Defendants. + COMES NOW, F & R BUILDERS, 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 its undersigned counsel and the CITY OF TAMARAC, by and through its undersigned counsel, as directed and authorized by the City Council of the City of Tamarac, and file this their Stipulation Number 10 and agree and state as follows: 1. The purpose of this Stipulation is to certify that F & R BUILDERS, Inc. shall not be entitled to drainage retention credit for canal rights -of -way in Tracts 12, 13 and 13A in Section 6, Township 49 South, Range 41 East, Broward County, Florida, dedicated to the City of Tamarac. Accordingly, Paragraph 3A (iii) of the AGREEMENT TO COMPROMISE, SETTLE, RELEASE AND DISCHARGE ALL CLAIMS AND OBLIGATIONS between the City of Tamarac and Leadership Housing, Inc., dated July 31, 1979, and as ratified by this Court on September 20, 1979 is amended to read as follows: (iii) As and for additional consideration for LEADERSHIP'S transfer of its permit to operate the Water Management District to the CITY, as well as providing consideration for this Agreement, the CITY agrees that the amount of land which LEADERSHIP, its assigns and its successors -in -interest will be required by the CITY to reserve for on -site retention shall be no more than five (5%) percent of LEADERSHIP'S total undeveloped Tamarac acreage as described in 1 Exhibit 8 attached to this Agreement it being specifically understood that LEADERSHIP, its assigns or successors -in -interest may apply said acreage calculated at five (5%) percent of its total acreage to its total acreage or any portion thereof as LEADERSHIP, in its sole discretion, may determine. 2. F & R BUILDERS, INC. is the successor in title to Leadership Housing, Inc., and is current owner of the property described in Exhibit A of this Agreement. 3. This Stipulation may be adopted verbatim by Order of the Court and shall be binding upon the parties hereto and all future owners of the property described in Exhibit A. ATTEST: ATTEST: Signed, sealed and delivered in the presence of: CITY OF TAMARAC By Th This ay o ay of • K �• City Attorney 5811 Northwest 88th Avenue Tamarac, Florida 33321 305-722-5900 Thi s'�.3,4'19816 day of .�t^� y F & R BUILDERS, INC/. Atte F & R BUILDERS, INC. 9555 North Kendall Drive Miami, Florida 33176 305-2757�2500 r This L day of(1981 LAND DESCRIPTION: TRACT 12 A portion of Section 6, Township 49 South, Range 41 East, Broward County, Florida, being more particularly described as follows: Commencing at the Northwest corner of said Section 6; thence South 37° 05' 27" East, along the North line of said Section 6, a distance of 925.31 feet; thence South 15° 01' 02" East, a distance of 1624.70 feet to the Point of Beginning of this description; thence continue South 15° 01' 02" East, a distance of 71.34 feet to s Point of Curve, thence Southerly and Easterly along the arc of a circular curve to the left, having a radius of 260.00 feet, an arc distance of 377.87 feet to a Point of Tangency; thence North 81° 42' 41" East, a distance of 42.64 feet to a Point of Curve; thence Easterly along the arc of a circular curve to the right, having a radius of 400.00 feet, an arc distance of 222.51 feet; thence tiorth 22' 22' 19" East, a distance of 410.16 feet to an intersection with the arc of a circular curve to the left, having a radius of 1160.00 feet, and whose radius point bears South 100 39' 37" West, from the last described point; thence Westerly along the arc of said curve, an arc distance of 742.22 feet to the Point of Beginning. 1 LAND DE SCR I PT I ON I • TRACT 13 - -iA-PORTION OF SECTION 6. TOWNSHIP •14.9 snu7H, RnNGE 41 EAST, B►40WARD COUNTY', FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLL.Ov1S i COMMENCING AT THE SOUTHEAST . CORNEI: OF SAID SECTION 6. I THENCE J4-ORT H 00006' 44 WEST, A DISTANCE UF- 5952.96 FEET AL014p THE EAST. LINE OF SAID SECTION •61 THENCE sou' 1 890 53' 16 " WEST, A DISTANCE OF 1352.60 FLET TO THE POINT OF BEGINNING OF THIS DESCRIPTIONI THENCE SOUTH 610 32' 07 '' EAST. A DISTANCE OF I280.70 FEET TO AN INTERSECTION WITH TliE ARC OF A CIRCULAR CURVE TO THE LEFT WHOSE RADIUS .POINT REARS SOUTH 53* 08' 10' EASTI THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2053.00 FEET. AN ARC DISTANCE OF 263.80 FEET TO THE POINT OF TANGENCYI THENCE SOUTH 29* 30' 07'' WEST. A DISTANCE OF 141.82 FEETI THENCE NORTH 78' 28' 51 '' WEST. A DISTANCE OF 390.'.9 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFTI THENCE WESTERLY ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF 1570.00 FEET, AN ARC DISTANCE OF 176.74 FEET TO THE POINT OF TANGENCYI THENCE NORTH 84' 55' 51 '' WLST. A DISTArCE OF 451.17 FEET 70 THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHTI THENCE WESTERLY AND NORTHERLY ALONG TriE ARC OF SAID CURVE. HAVING A RADIUS OF 320.00 FEET, AN ARC DISTANCE OF 283.18 FEET TO THE POINT OF TANGENCYI THENCE NORTH 34' 13' 43 ', WEST. A DISTANCE OF-• 31alB FEET# THENCE NORTH 550 46' 17'' EAST, A DISTANCE OF 453.35 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFTI THENCE EASTERLY AND 1ORTHERLY ALONG THE ARC -OF SAID_ CURVE, HAVING` A RADIUS OF 410.00 FEET, AN ARC DISTANCE OF 195.40 FEET TO THE POINT OF TANGENCYI THENCE NORTH 280 27' 53'' EAST. A DISTANCE OF 12.18 FEET TO THE POINT OF BEGINNING, SAID LANDS SITUATE. LYING AND BEING I14 DROWARD COUNTY, FLORIDA, L F.- - - • • O To►:nshi) • 1) S1�uth, It:lnl;r 41 F,lst , :piortion of tied ion , 1 . Ri'oj;ard County, I:JD iJa, hcinl; more it:irt trtrlarl�` dc:�c�r111cd, s follows. - • at i - Southeost corner or said Sect i oil [i; • thence C01`i�ll:l`C'li.G the • NORTH 00°06.44'.WEST ., along; the EAST 1 itle it s:licl Section a"distancc of 5860.87 f"t; thcncc Sou i 89' 53"16" Wesf; distailce•of 2152.32 feet to *the POINT OF 11ECIMNihic;•of this 11cs- - • c1'iht ion; thcncc Vol•th 22° 121 1:1" i:z►st , a di s1:1t1t.e.,vC_�•l ln. l f1. . feet to an intersection with the arc. of a rircil1afFcurvfi- itD the right, whose radius point hears South 1l1' ;`t' :i8" West , from the ]:ist Jesei•i1�c•.i point; thence• caslri-1v and solttherl.y_ - aJ•oitg tlic.arc of sail ciirve, h:ivinh a radials of 11h0.00 feet, _. :1n ilrc distance of 3bt).J(� Ccet to tic hni.itt of tangency; tl►cnee 5outh 01' 321 07" East. a distance of 2;7. itt I'rrt ; thcncc South 28° 27'- 53 West, -1 Llist:►llcc of 12.18 fret it, the Imint of cur- vatua•e of a circular clirt'c to the right; deuce sotitherly and VCst-erlt•, along; the :11•L of said curve, haring; a raiiiiis of i60;00 feet; an arc distance of 142.98 fret to the I1t0111 of 1:1119cncy; thclicc South 55' ati' 17" )�cst. a distallc;� or :1�,,.3`� Tact; thcncc _ t;orth 34' 13' 43" tics-t, :1 diStanec• of 1(�t�.51 feet to the point of . curvature of a ci•rc►ilar curve to the left-; ihem:v- northerly. and . wc•tcrl�•, along; the arc of sail :citrve, hav-1311; :1 ractiu. of 400.00 feet; an arc distance of 22a.72 rect to -tic I'ttt�t'1' (W jUiCiNNING. Said ]ands situate, l�•in� and heinl; in 11ro►::1r�1 t'ounty, Florida. Containin>; 5.322 J1c1-eti, more or less. _