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1996-13 Agmt betw Parkland, WCI, re: Concurrency & Realignment of Holmberg Road RESOLUTION NO. 96-13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, APPROVING AN AGREEMENT BETWEEN WCI COMMUNITIES LIMITED PARTNERSHIP (WCI) AND THE CITY OF PARKLAND RELATED TO CONCURRENCY AND THE REALIGNMENT OF HOLMBERG ROAD; CONTAINING AN EFFECTIVE DATE. WHEREAS, the City of Parkland and WCI have been co-applicants for a dredge and fill permit for the Department of Natural Resource Protection of Broward County (DNRP) in order to accomplish the realignment of Holmberg Road between Riverside Drive and University Drive; and WHEREAS, the attached Agreement between WCI and the City is part of a total Agreement which will, upon approval by a Hearing Examiner of Broward County, result in a Final Order granting the dredge and fill license needed to construct the realigned Holmberg Road, which road will be constructed by WCI; and WHEREAS, the parties understand and agree that they are entering into this Agreement based upon the fact that it will lead to the approval by the Hearing Examiner of the Final Order providing for the issuance of the dredge and fill license; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AS FOLLOWS: Section 1. The attached Agreement between WCI and the City of Parkland is hereby approved by the City Commission of the City of Parkland subject to the execution by the Hearing Examiner of Broward County of the Final Order contained in the Agreement. At such time the Mayor shall execute the Agreement. Section 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS ....!2.... DAY OF APRIL , 1996. CITY OF PARKLAND, FLORIDA $~~ SAL J\GLIARA 1\ YOR ATTESTED: , a...: ?it ----.)~~ ~' SUSAN ARMSTRONG, C. . CITY CLERK It-/O? ~OTE FOR FILE: 5/3/96 SPOKE WITH ANDREW MAURODIS ABOUT DISTRIBUTIO~ OF 11IE REALIGNMENT OF HOLMBERG ROAD SIGlIlED PAPERWORK AND HE ADVISED AS FOLLOWS: 1. CITY RETAINS ORIGINAL RESOLUTIO~ 96-13 2. CITY RETAINS ORIGINAL ENVIRONMENTAL RESOURCE LICE~SE (DNRP) 3. CITY RETAINS ORIGINAL LEITER FROM WCI COMMUNITIES TO ANDREW MAURODIS 4. CITY RETAINS O~ COpy OF AGREEMENT WITH WCI O~ CO~CURRENCY 5. O~ ORIGINAL OF AGREEMENT WITH WCI O~ CONCURRE~CY SENT TO WCI 6. CITY RETAINS ORIGINAL AGREED FINAL ORDER SIG~D BY HEARING OFFICER 7. COpy OF OF AGREEMENT WITII WCI O~ CO~CURRE~CY SENT TO ANDREW MAURODIS ALL OF THE ABOVE ARE INCLUDED WITH RESOLUTIO~ NO. 96-13 Department of Natural R..ource Protection Biological Resources Division 218 S.w. 1st Avenue Fort Lauderdale, FL 33301 (954) 519-1230. FAX (954) 519-1412 ENVIRONMENTAL RESOURCE LICENSE ------ LICENSEE: WCI Communities and City of Parkland Clo WCI Communities 3300 University Drive Coral Springs, FL 33065 LICBNSB NO.: DF96-1043 PROJBCT: Holmberg Road Realignment, Mitigation license Is issued under the provision of Chapter 27 of the Broward County Code of Ordinances also as Broward County Natural Resource Protection Code hereinafter called. the Code. The above-named ,~ 'f appUcant, hereinafter called licensee, is hereby authorized to perform the work or operate the facility shown ' on the approved drawing(s), plans, documents, and specifications as submitted by applicant, and made a part hereof and specifically described as follows: Description of Work: Construct a two lane roadway and associated ====~urning lanes south of existing Holmberg Road between Riverside. l?rive and University Drive. In the process approximately 1.0 acre of cypress forested wetlands will bedemucked and filled in preparation for construction of the roadway. --.,compensation for impacts include preservation and enhancement of 9.255 acres of mixed cypress forested ,wetlands and pine forested uplands through a plat dedication, two culvert connections, and an overflow structure set at elevation 13.10 feetNGVD. Location of Work: This project is located betw~en Riverside DrJ,ve and Uni versi ty Dr! ve, souttl of Holmberg Road ih .section 3,~ .......,..."',,,,', Township 48S, Range 41E in the City of Parkland. Construction shall be in accordance with Application DER Form 17- 312.900 (1) and BCDNRP Addendums dated 5/17/93 and 8/13/93, and Ii' al:\fiJ,cac::;:iated information, all of which i,fi1 designated as ONR~ File No. 01098; with the attached plans stamped by the Department on 4/22/96; and all General and Specific Conditions of this license. 204-1 (Rev. 1/94) This document is printed on recycled paper. 0 Li~ No. Di'g6-1043 LICDSBII: WCI COIIIIWU. ti.. and Ci ty o~ l'axkland SP.aCI~C COHQI~IONS: A. Standaxd 1. Not1~ the Depaxtment in wx1t1nq a ~~ o~ 48 houx. pxiox to pxoj.c~ c.............a-..~ aDd a ........ ...- of 48 houx. uotex pxoj.a~ a~1.Uon. :i'U1uze ~o COIIp1y wi1:h thi. COnd:i.UOI1 wi11 x..uJ;~ in .n~o:r~n~ acUon. 2. Notify the Department immediately in the event of any project caused environmental problem(s) . 3. All project generated solid waste and/or spoil material must be disposed of in a suitable approved manner at an upland location. 4. Turbidity screens or equivalent shall be properly employed and maintained as necessary during construction activities so that' turbidity levels db not exceed 29 NTU's above natural background 50 feet downstream of project. If turbidity levels exceed these limits, project activities shall immediately cease, and work shall not resume until turbidity levels drop to within the standards set forth in Rule 62-302.510(3) (r) of the FAC. 5. The north and south side of the 60 foot alignment of the realigned Holmberg Road west of NW 87th Ave., between station 179 + 90 and station 185 + 20 (adjacent to the 9.255 acre preserve area), must be fenced off with 4 foot high orange construction fencing to prevent any impacts to those areas. No impacts, which include but are not limited to excavation, filling, construction traffic or equipment, turbidity exceeding 29 NTU's, and debris, are allowed outside the 60 foot right-of-way in this area by this license. Between stations 179 + 90 and 168 + 20, the north side of the limits of construction shall also be fenced as described above. B. Ccmpen.atozy N:LUgaUon (Ax_) 1. Construction and installation of the culverts and overflow structure within the Area shall be in accordance with plans prepared by Gee & Jenson, stamped by the Department on 4/22/96 (attached) and associated information. The Area shall be installed concurrently with licensed construction. 2. Upon completion of the Area, the licensee shall submit certified as- built elevations of all culvert inverts and structure r~ elevations to the Department. This documentation is required within 30 days of completion of the Area and prior to the opening of the new roadway. 3. Language on the plat which will be used to dedicate the 9.255 acre preserve area to the County will be developed and agreed to by the Department, the County Attorney's Office, and the Broward County Parks and Recreation Division. The agreed upon language will be placed on the face of the plat by WCI Communities. Page 3 License No. DF96-1043 LICENSBB: WCI Communities and City of Parkland 4. The plat with the acceptable language must be approved within one year of the license issuance. If for good and valid reasons a plat cannot be approved in the specified time frame, an executed Conservation Easement in a form acceptable to the Department, the County Attorney's Office, and the County Commission, shall be submitted to the Department in place of the plat. Should this document not be acceptable, a new document that is acceptable to the Department, the County Attorney's Office and the Commission shall be submitted within 30 days of the Department I s written notification that the document was unacceptable. However, in no event shall the granting of the Conservation Easement result in a delay or interference with the recordation of the plat. 5. The Agreed Order entered by the Hearing Examiner for the Broward County Department of Natural resource Protection, in the case of City of Parkland and Florida National Properties, Inc., DNRP file number 01098, is hereby incorporated and made a part of this licence. 6. WCI Communities and City of Parkland, as licensees, are the joint and severable responsible entities. C. A COPY OF THIS LICENSB SHALL BB KEPT ON SITE DURING ALL PHASBS OF LICENSED CONSTRUCTION. Recommended for approval by: r!J~~~ Reviewed by: ~, conditions, requirements, limitations and restrictions and agree to abide by all such provisions. agent) 'f /J"A, Date I tl3-r/?~ Dat::e Issued this 29th day of April, 1996 Expiration Date: April 29, 2001 BROWARD COUNTY DBPARTMENT OF NATURAL RBSOURCB PROTECTION LJ~-0-4- ERIC T. MYERS, DIRECTOR BIOLOGICAL RESOURCES DIVISION Page 4 to ~ ~ > ~ o c o c:: Z t-3 ~ ." r- g m g ~(I)<:t EwZ-O z):. .... ):. ,;J):. G) i: -I cz m '5 0 C )> ~." o~ Z ~ r-oc:.... C G) :az "tJ -I E C ... :J:I -<.,,:u riM o ~. 0 "tJ ;n.. ~ )> ~ o~ZC .... :J:I ~ )> m c:a C) en >>- c> m ~ · m - . z .. o ..... · m Jiiil $ __ z z c:1 m )( o "" c:1 ~ :. :E Z Ii) en GO :I: m m -f Z 9 c:1 m fD n :II ;; -f o Z ~ ~ t.l N .-.J Ol .!... l.11 O"U"UO-l ~>>~i=i ~ M Z Z I"'l ~)-~)-(f) C G) I "U I"'l I"'l Z ::0 ,.. I"'l -l 0 ,.. -l I"'l '1 )- ::0 - -u (f) ::;:; ....... 8 (f) ~ -l -< - ~ o )> Z -u (Xl -l -< 3! 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SHEET 1 or HOLMBERG ROAD I'LO'I1IIl: _,. 1IMEl 1111 ... __ ,. 1l1.11 DElIIGIlED: 1IllA1II: GII - APPIlOYED: DAtE: fl.CR)A NA110NAL PAOPEhIb, NC. ftARKl..AN), R.OM)A e- PVC STAFF QAUQE CITY OF PARKLAND 6500 PARKSIDE DRIVE PARKLAND, FLORIDA 33067 (305)753-5040 FAX (305)341-5141 1# May 3, 1996 Thomas G. Wright, Senior Counsel WCI Communities 3300 University Drive Coral Springs, Florida 33065 " RE: Agreement between City of Parkland and WCI Communities Limited Partnership, Realigned Holmberg.~oad Dear Mr. Wright: Attached is an original of the above referenced Agreement that has been executed by Roy Ramsey, Senior Vice-President, WCI Communities Limited Partnership and Mayor SaI Pagliara, City of Parkland. Should you need additional information, please feel free to contact me. Very truly yours, ~~ Helen Lynott, C.M.C. Administrative Assistant Attachment: (1) CC: Andrew Maurodis, Esq. Resol. 96-13 AGREEMENT THIS AGREEMENT is entered into by and between the CITY OF PARKLAND (CITY) and WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited partnership, as successor by merger of FLORIDA NATIONAL PROPERTIES, INC. (hereinafter collectively referred to as WCI) as follows: WHEREAS, on August 11, 1988, CITY and WCI entered into an Agreement ("The Agreement") for the construction of a portion of Holmberg Road within the trafficways corridor as realigned by the Broward County Planning Council on September 15, 1988 (Realigned Holmberg Road) and the portion of Northwest 87th Avenue between the Realigned Holmberg Road and the existing Holmberg Road; and WHEREAS, the parties do hereby reaftlnn the commitment of WCI to construct or cause to be constructed Realigned Holmberg Road as a two (2) lane roadway within the right-of-way corridor as required in "The Agreement" and to construct or cause to be constructed Northwest 87th Avenue between the Realigned Holmberg Road and the existing Holmberg Road; and WHEREAS, during the permitting process for the construction of said road, the parties were required to undertake extensive negotiations and engage in a fonnal administrative hearing with the BROW ARD COUNTY DEPARTMENT OF NATURAL RESOURCE PROTECTION ("DNRP") in order to obtain the necessary dredge and fill license from the DNRP for impacts to DNRP jurisdictional wetlands anticipated to occur as a result of the construction of Realigned Holmberg Road; and WHEREAS, as part of the licensing process, WCI has agreed to conveyor dedicate by plat approximately 9.255 acres to Broward County as a passive park as mitigation for any impacts to any Resol. 96-13 DNRP jurisdictional wetlands occurring during the construction of Realigned Holmberg Road; and WHEREAS, the parties now anticipate the successful completion of the DNRP licensing process (through the execution by the Broward County Hearing Examiner of the Final Order in substantially the form as attached hereto as Exhibit A) and WCI acknowledges and agrees that all other applicable permits required to complete the construction of Realigned Holmberg Road as a two (2) lane roadway as depicted on Exhibit "B" have been obtained or applied for and WCI is prepared to commence construction upon the issuance of the DNRP dredge and fill license; and WHEREAS, "The Agreement" was entered into before the requirement of traffic concurrency was in effect in the CITY; and WHEREAS, the parties, while reaffirming the commitment for construction of Realigned Holmberg Road independent of this Agreement, now wish to recognize the effect of the construction of said road on the local road concurrency obligations of WCI relative to Holmberg Road and to recognize the new time requirements for construction and completion of Realigned Holmberg Road; and WHEREAS, the parties recognize and agree that by the construction of Realigned Holmberg Road (together with all permitting requirements attendant thereto and the future construction of Northwest 87th Avenue), WCI shall provide transportation benefits to future developments to be undertaken by WCI in the CITY OF PARKLAND, thus mitigating the traffic impacts on Holmberg Road which those developments might have; and WHEREAS, the CITY shall initiate an amendment to its Comprehensive Plan to provide for the continuation of Holmberg Road as a two (2) lane road from Riverside Drive to University Drive; and 2 Resol. 96-13 WHEREAS, the parties wish to recognize these facts by assuring that the commencement and completion by WCI of the construction of the Realigned Holmberg Road and the completion of construction of 87th A venue between Realigned Holmberg Road and existing Holmberg Road, as set forth herein, in accordance with plans on file at the CITY, will satisfy all concurrency requirements due to be imposed by the CITY on WCI for traffic concurrency relative to Holmberg Road for all lands owned by WCI presently within the CITY OF PARKLAND on the effective date of this Agreement, and for those lands owned by WCI to be annexed into the CITY pursuant to CITY Ordinance No. 95-1; and WHEREAS, this Agreement shall be conditioned upon execution of a Final Order by the Broward County Hearing Examiner in substantially the form as is attached as Exhibit A; NOW THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: Section 1. The WHEREAS clauses contained above are true and correct and are made a part hereof as binding covenants as if fully set forth herein. Section 2. As part of the DNRP licensing process for Realigned Holmberg Road, WCI agrees to dedicate by plat the 9.255 acres depicted on Exhibit "C" to Broward County as a passive park as mitigation for any impacts to DNRP jurisdictional wetlands anticipated to occur during the construction of Realigned Holmberg Road by WCI in accordance with the Stipulated Settlement Agreement and Final Order in DNRP File No. 01098, WCI agrees to comply with the provisions of said Final Order issued in the above referenced matter, and expeditiously complete the construction of Realigned Holmberg Road as depicted on Exhibit "B" in accordance with the plans approved by and on file with the CITY. The parties agree that a request by WeI for Broward County park impact 3 Resol. 96-13 fee credits for such 9.255 acres (depicted on Exhibit "C") is merited and CITY shall support a request by WCI to obtain such credits from Broward County. The parties recognize that the required mitigation will prevent the North Springs Improvement District (NSID) from constructing a dike that it had planned to construct within a portion of the realigned Holmberg Road Right-of- Way and therefore CITY and WCI shall support NSID efforts to obtain an adequate easement or dedicated area within or adjacent to the Old Holmberg Road Right-of-Way for the NSID dike. CITY shall request the transfer of Old Holmberg Road Right-of-Way (from Riverside Drive to University Drive) from the County to the CITY and shall grant such easement or dedication when it has the ability to do so. Section 3. WCI covenants that it will cause the construction of Realigned Holmberg Road in accordance with the plans approved and on file with the CITY (Gee Jensen Engineers, Architects & Planners, Job No. 90-284) and that said construction shall be conducted according to the following schedule: a. Clearing of all vegetation and debris along the entire road path will be commenced within 7 clays of issuance of the dredge and fill permit by DNRP. This clearing shall be diligently and vigorously pursued to a prompt conclusion; b. All best efforts shall be employed to commence construction of the infrastructure and road subsurface within 90 clays of issuance of the dredge and fill permit by DNRP; c. All best efforts shall be employed to achieve substantial completion of the road within 12 months of issuance of the dredge and fill permit by DNRP. All work shall be diligently pursued. Substantial completion shall mean that the road is 4 Reso. 96-13 safe for travel by vehicles and open to the public; d. WCI shall assure that all remaining work thereafter shall be diligently pursued. If any of the above activities does not occur within the stated times, WCI shall promptly notify the City Manager (at City Hall) in writing of the cause for the delay and the specific actions being taken to mitigate the delay; said actions shall be calculated to complete the tasks at the earliest possible time and will be diligently pursued by WCI. Construction and completion of 87th Avenue by WCI in accordance with plans approved and on file with the CITY will occur concurrently with the construction of Realigned Holmberg Road and be completed simultaneously. CITY shall accept the improvements to 87th Avenue within its 30 foot road provided the improvements are constructed in accordance with the plans and specifications approved and on file with the CITY. Section 4. As part of its construction responsibilities WCI shall cause the construction of the necessary culverts under Realigned Holmberg Road required by the Stipulated Settlement and Final Order with DNRP. Construction of the culverts under Realigned Holmberg Road shall be conducted concurrent with construction of Realigned Holmberg Road. Section 5. Upon commencement of construction and subject to construction continuing to progress with due diligence until fmal completion of the construction of Realigned Holmberg Road in accordance with all plans approved and on file with the CITY within the time frames set forth above, the CITY shall grant vested rights for local traffic concurrency for lands owned by WCI presently located within the boundaries of the CITY OF PARKLAND as of the effective date of this Agreement, and for those lands owned by WCI to be annexed into the CITY pursuant to CITY Ordinance No. 95-1, with respect to Holmberg Road; provided that this vesting of rights with regard 5 Resol. 96-13 to CITY concurrency applies only to Holmberg Road, only to traffic concurrency as applied by the CITY OF PARKLAND, only to the extent permitted by law, and only for development which is permitted by the present CITY OF PARKLAND Land Use Plan and only upon WCI continuing to remain in full compliance with this Agreement. The CITY shall initiate an amendment to its comprehensive plan to revise any provisions related to Holmberg Road from State Road Seven to the City limits, and concurrency to effectuate this Agreement. Section 6. The parties understand and agree that the concurrency vesting provided herein does not grant any development rights to WCI, but is an agreement by the CITY OF PARKLAND that the commencement and completion of construction of Realigned Holmberg Road by WCI within the time frame, and subject to the conditions set forth above, will cause concurrency requirements for local transportation concurrency for Holmberg Road as applied by the City to be satisfied by WCI for property owned by WCI within the CITY OF PARKLAND as of the effective date of this Agreement, and for those lands owned by WCI to be annexed into the CITY pursuant to CITY Ordinance No. 95.1, where said development is undertaken in a manner consistent with the CITY OF PARKLAND Land Use Plan. Nothing herein shall be construed to require the CITY OF PARKLAND to grant any development order, permit, or other development rights to WCI, or to require the granting of any land use plan amendment, rezoning, plat application, site plan application, building permit or other development order or permit application except as required by law, other than WCI'S satisfaction of CITY traffic concurrency requirements for Holmberg Road for property presently owned by WCI in the CITY OF PARKLAND as of the effective date of this Agreement, and for those lands owned by WCI to be annexed into the CITY pursuant to CITY Ordinance No. 95-1. 6 Resol. 96-13 Section 7. The time for completion of realigned Holmberg Road, as set forth in The Agreement, is hereby modified as set forth in Sections 2 and 3 of this Agreement. All other obligations set forth in The Agreement, including but not limited to, the bond to secure said construction, remain the same and in full force and effect and the parties hereby reaffirm the obligation of WCI to construct or cause to be constructed Realigned Holmberg Road and 87th A venue between Realigned Holmberg and Old Holmberg Road as set forth in The Agreement, provided only that the modifications as to time of construction and completion as set forth herein shall prevail. Should any portion of this Agreement be declared unenforceable, or should the Broward County Hearing Examiner not execute the Final Order in substantially the form as attached Exhibit A, that shall not impair the original obligation for construction of Realigned Holmberg Road as required by The Agreement. Section 8. Should either party be required to obtain the services of legal counsel to enforce any provision of this Agreement in a court of law, the prevailing party shall be reimbursed for all costs and attorney's fees, including any appeals, by the non-prevailing party. Section 9. The drafting of this Agreement has been a joint endeavor of the parties and this Agreement shall not, as a matter of judicial interpretation, be construed more strictly against one party than against the other. Section 10. This is the entire Agreement between the parties and may not be amended except by written agreement executed with equal dignity hereto. Section 11. This Agreement is conditional upon and shall not take effect until such time as the Broward County Hearing Examiner executes a Final Order in substantially the form as Exhibit A. The effective date of this Agreement shall be the date the Broward County Hearing Examiner 7 Resol. 96-13 executes an Order granting a dredge and fill license for Realigned Holmberg Road in substantially the form as depicted on Exhibit A. Witnesses: WCI COMMUNITIES LIMITED PARTNERSHIP a~~a _,;L!\/It ~ Date: if;; .9-( f( , Witnesses: CITY OF PARKLAND s~~~ (2~-~L~1- ~9f0~ BY:MadiC6~ Date: 'Ilsojr? 04/22/96 8 Resol. 96-13 DNRP FILE NO.: 01098 CITY OF PARKLAND and FLORIDA NATIONAL PROPERTIES, INC., Petitioners, vs. BROW ARD COUNTY DEPARTMENT OF NATURAL RESOURCE PROTECTION, Respondent. I AGREED FINAL ORDER THIS CAUSE having been heard on the application of the CITY OF PARKLAND and FLORIDA NATIONAL PROPERTIES, INC. (WCI COMMUNITIES LIMITED P ARlNERSHIP) in DNRP File No.: 01098 and the Hearing Examiner having heard the Stipulation by and between BROW ARD COUNTY DEPARTMENT OF NATURAL RESOURCE PROTECTION (DNRP), its successors and assigns, the CITY OF PARKLAND (CITY), its successors and assigns, and WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware Limited Partnership, as successor by merger of FLORIDA NATIONAL PROPERTIES, INC., a Florida corporation, (WCI), its successors and assigns, and this Hearing Examiner having been fully advised in the premises, and having heard the Stipulation of the parties, considered the entire record, and accepting their Stipulation as set forth below as the appropriate basis for resolving this matter, it is hereby found as follows: 1. Pursuant to an Agreement with the CITY, FLORIDA NATIONAL PROPERTIES, INC. sought to construct Holmberg Road within the trafficways corridor as realigned by the Broward County Planning Council on September 15, 1988 (Realigned Holmberg Road); and eXHIBIT .-iL-- -ro ~<.c::e-tYlt:..")" Resol. 96-13 2. In May 1993t FLORIDA NATIONAL PROPERTIESt INC. applied to DNRP for a dredge and fill license for the construction of Realigned Holmberg Road, which license application is contained in DNRP File No.: 01098; and 3. Thereafter CITY joined in the license application for the construction of Realigned Holmberg Road; and 4. On July 8, 1994, DNRP denied the dredge and fill license; and 5. The CITY and WCI appealed the license denial; and 6. Subsequent thereto, an administrative hearing was he.1d before the undersigned Hearing Examiner on September 12 and 13, 1994; and 7. As a result of said hearing, the undersigned Hearing Examiner Order required DNRP to consider mitigation for the impact the construction of Realigned Holmberg Road would have on 0.9 acres ofDNRP jurisdictional wetlands; and 8. As a result of said Order, the parties have conducted numerous discussions and have investigated possibilities for mitigation for any impacts to DNRP jurisdictional wetlands related to . the dredge and fill license application for the construction of Realigned Holmberg Road; and 9. The applicants have provided for the mitigation of any impacts to wetlands related to the construction of Realigned Holmberg Road as described in Section 2 below; and 10. The parties believe that the enhancement, conveyance or dedication of lands provided for herein will constitute satisfactory mitigation for the construction of Realigned Holmberg Road; and 11. The conveyance or dedication of 9.255 acres (Exhibit "A") to Broward County by WCI will increase park and open space area in Broward County and, therefore, DNRP and CITY 2 Resol 96-13 support the request by WCI to the Broward County Commission for WCI regional and local Broward County park impact fee credits for such dedication; and 12. The parties have affirmed that this Final Order resolves this administrative proceeding in a satisfactory manner, and shall provide for construction of a two lane roadway within Realigned Holmberg Road in the corridor presently set forth on the Broward County Trafficways Plan; and 13. The CITY desires that Realigned Holmberg Road be constructed as a two lane roadway; and 14. The CITY and WCI agree to enter into a concurrency agreement related to the CITY'S concurrency requirements for Holmberg Road to recognize that the realigned road will be constructed as and remain a two (2) lane roadway in a form substantially similar to that presented to the undersigned Hearing Examiner as made a part of the record of this hearing; and 15. The undersigned Hearing Examiner finds that the mitigation provided for above, and the stipulations agreed upon by the parties, as set forth herein, satisfy the legal requirements for issuance of a dredge and fill license for Realigned Holmberg Road (DNRP File No.: 01098) as described above; NOW THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. DNRP shall, upon execution of this Final Order, issue a dredge and fill license as sought in DNRP File No.: 01098 to CITY and WCI for the construction of Realigned Holmberg Road, provided that said dredge and fill license shall be issued for the construction of Realigned Holmberg Road as a two (2) lane roadway only within the trafficway corridor depicted on Exhibit "B" and as depicted on the plans for the construction of Realigned Holmberg Road, prepared by Gee and Jenson Engineers, Architects and Planners, Job No. 90-284, on file at and approved by the City 3 Resol. 96-13 of Parkland, and WCI will cause the construction of said road to begin promptly with only such modifications necessary to comply with the spirit and intent of this Final Order. 2. As mitigation for any adverse impacts to DNRP jurisdictional wetlands as a result of the construction of Realigned Holmberg Road according to said license: a. WCI shall dedicate to the public by plat, the parcel described on Exhibit "A" attached hereto (MITIGATION PARCEL); and b. CITY and WCI shall construct, or cause the construction of, any culverts required by the license and as set forth on the plans approved by the CITY. c. The part of the right-of-way owned by the CITY and not used for road right-of-way purposes west of 87th Avenue (or purposes ancillary and attendant to the road right- of-way) shall be dedicated or conveyed by CITY to Broward County for use as a passive park. 3. CITY shall, within one (1) year of the date of this Agreement, process an amendment to its Comprehensive Plan which, if adopted, would provide that Realigned Holmberg Road shall remain as a two (2) lane road from Riverside Drive to University Drive. The City shall, to the extent pennitted by law, support the maintenance of Holmberg Road in this area as a two (2) lane roadway, and has affirmed its belief that it is in its best interest and shall enter into a concurrency agreement with WCI for satisfaction of CITY concurrency on Holmberg Road for lands presently owned by WCI in the CITY or to be annexed into the CITY by any existing annexation ordinance (a copy of said agreement is made a part of the record in this cause). 4. This Final Order resolves the last remaining DNRP permitting issue relative to the construction of Realigned Holmberg Road, and that no further DNRP licenses of any kind related to wetland permitting issues shall be needed in order for the commencement and completion of construction on the two (2) lane portion of Realigned Holmberg Road as depicted on the 4 Resal. 96-13 construction plans for Realigned Holmberg Road on file at the CITY, and referenced in Section 1 above. 5. The Hearing Examiner reserves jurisdiction to enforce the terms and conditions of this Final Order upon motion of any party hereto. Hearing Examiner Date: 5 Resol. 96-13 Range 41 East, FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION"NO. 2, according to the plat thereot, recorded in Plat Book 1 at Page 102 of the Public Records ot Palm Beach County, Florida, said portion described as follows: BEGINNING at the northeast corner ot that certain parcel at land conveyed to North Springs Improvement District for wastewater collection and transmission facilities by the Warranty Oeed recorded in Ofticial Record Book 23724 at Pages 114 through 116 ot the Public Records of Broward County, Florida: thence North 89.46'23" West, along the north line of said parcel of land, a distance of 40.00 feet to the northwest corner of said parcel of land: thence South 45.19'06" East, along the southwesterly line of said parcel of land, a distance at 57.11 feet ~o ~he most southerly corner of said parcel of land on a line parallel with and 10.00 feet westerly from the east line of said Tract 18: thence South 00.52'25" East, along said parallel line, a distance at 615.49 feet to a 11ne parallel with and 30.00 feet northerly trom the south line of said Tract 18; thence North 89.40'12" We.t, along said parallel line, a distance ot '75.13 feet to a line parallel with and 600.00 teet westerly trom the east line of the Southwe.t Quarter (SW 1/4) ot said section 3, thence North 00.52'25" Weat, along said parallel line, a distance of 144.47 teet; thence North 42.03'34" Weat' a distance of 53.15 teet to a line parallel with and 635.00 teet westerly from said ea.t line at the Southwest Quarter (SW 1/4): thence North 00"52'25" West, along said parallel line, a distance of 100.00 teet, thence North 40.18'44" East, a distance ot 53.15 teet to said 11ne parallel with and 600.00 feet westerly from the east line ot the Southwest Quarter (SW 1/4): thence North 00.52'25" West, alon~ said parallel lIne, a distance at 370.00 feet to the southerly Right of Way line ot Holmberg Road (Realigned) as described in Ofticial Record Book 16006 at Pag_ 545 of said Public Records; thence South 89.46'23" East, along said southerly Right at Way line, a distance of 540.77 teet: IJ. f1.t. 1" .., Page 1 of 4 EXHIBIT A 'Tb P.G.;iL'='G' I) -;-v.~ L ~~. ~ .\>':':. < Resol. 96-13 th.ne. south 4!1'U'24" Ea.t, d.panln9 a.ld aouth.rly R19ht ot Way 11n., . dlatance of 4'.02 t..t to ..1d 11ne parall.l with and 10.00 t.et w.at.rly tro. the .aat line ot Tract 11, th.nc. South 00'!l2'25" Eaat, &10n9 .a14 parall.l lin., a di.tane. ot !I." t..t to the pOI~ OF BEGINNING. Sald land beinq in the City ot Parkland, Broward County, Florida. containinq '.2!1!1 Acr.., mora or 1.... ...(1 ~. ,.,." ,a9. 2 ot 4 ... TOTAl. IOG.Ql ... Resol. 96-13 ~ 120.00' WIDE RIGHT DF WAY FOR HOLM8ERG ROAD (REALIGNED) _~_-4'--.JO.R.~1600~PG. 545~.~~___ . t: 589" 46'23"E c:l (!) I I I I I II I ~NI ~~ ~CD I:: I a: ~ai ..........-4 'I .....u ....J I- -90,,1 0 lD rJl C) W~~ :: l~ ~ai ~~ II (\J :iC!i.... 3 :: l~ ~ Q. Q."; II" ~-i It) u..... I, 19 It') .... o lL. qo -90. Ul i..... j . 3 ~ ~ "I:; i~ g ~ ~ ~ ....J....(T1 ,'2: (:;Q. - ,I IUJ 0 >- I- . . ,,> OCll ~~tJ 11< <0 ~~ ~ UJUJ I' r-- S '< ,I lco xu :: ~ ~8 ,I jZ .... 0 !il~ ::l[q. I . <:Ii I' I ...J~-: ~I a..C\la: . Y - - - - - -=...: sOUTH - L-INE OF 1 TRAcT - 1-8- AND-NoRTH -L INE- OF -TAAC.T -;9 -flU I II ~ cD ~ ~ 588" 40' 12"E 0 a: , ~~8 T RAe T 1 8 fl.1"" : I ~ u.i ... ",.H I u;j::i~ pege 3 0 f 4. , I L. t:. l.:I t:. ,... u P.8.= PLAT BOOK a.R.B.- OFFICIAL RECORD BOOK P.8.C.R.- PALM BEACH COUNTY RECORDS B.C.A.- BROWAAD COUNTY RECORDS PG.- PAGE U E. 2 UTILITY EASEMENT R/W = RIGHT OF WAY N.S.I.D.- NORTH SPAINGS IMPROVEMENT OISTRICT F.P.L. = FLORIDA POWER & LIGHT COMPANY 15' WIDE F.F.L. = 15' WIDE ROAD RIGHT OF WAY PER FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO 2 (P.B. 1. PG. 102. P B.C.A. I BEARINGS SHOWN HEREON ARE BASED ON THE PlAT OF TALL PINES NOATH IP.e. 154. PG. 9. B.C.R.) THIS IS NOT A SKETCH OF SUAVEY. :J: , LC'l ru o POINT OF BEGINNING (SEE DETAIL AND DATA TABLE ON PAGE 4 OF 4.) T RAe T 1 8 5 E C T ION 3 TOWNSHIP 48 SOUTH. RANGE 41 EAST FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO.2 (P.B. 1, PG. 102. P.B.C.R.) 600.00' AREA = 9.255 ACRES 635.00' 30.00' Nag' 40 . 12" W to .. .. I (I)~ UJ....- ........0 I- UJ ffi ~vi~ I- ....~ <( U!l.>- :J: <( ... ::!2l4.~~ ~<(~~1f 3:z.....l'1<( O(l)C\J3: . .....(1) 01-..... . . ~h1~cocC '.Jza: . U')d~o~ ZUI--ID ~O' GRAPHIC SCALE ~1~' WICE F.F L tl f:'~:F" I I ~~~ I I. <(UJUJ I c..c..u I' <( <( ~~31- i2z I . <( UJ ~~:3 :T- I I c:l (!) c:l (!) .., 10. 00 ' Resol. 96-13 DATA TABLE (]) N89fJ45'23"W ~ NOOfJ52'25HW 40.00 ' 100.00 ' ~ S45fJ19 '05 HE @ N40fJ1B'44"E 57.11 ' 53.15' (3J SOOfJ52'25"E ~ NOOfJ52 '25"W 515.49 ' 370.00 ' (l) N89fJ40'12"W @ S89fJ45'23"E 575.13 ' 540.77' @ NOOfJ52'25"W @ S45fJ19'24"E 144.47' 49.02' @ N42fJ03'34"W @ SOOD52'25"E 53.15' 5.57' GRAPHIC SCALE .1 .1 .1 .1 ., '1 0 <:> ~ Q Q Q ... l'l ~ 111 I I l) ... ~ l~ >- I~ i ~-:- Ii! cr:: ~ POINT OF BEGINNING: I- I~ ..J o u NORTHEAST CORNER OF u c( z I:ci N.S.I.D. WASTEWATER ~ I~ ~ ... COLLECTION ANa II- ... . ... en Q) TRANSMISSION FACILITIES :~ .1r ~ lui ~ IO.R.B. 23724, PGS. 114-116, I ~ ~ B.C.R., WARRANTY OEEO) :~ .l!s """ l1.. I~ ... a.. I..... 1r - I~ ... ::. .... II- I~ It:l ,(I) ~ ~ - 1< Q ,,;.'l ~ ... 10' X ~O' ACCESS EASEMENT ~ < ca IC.A.B. 2372C, PG. 117. B.C.A.I e-. , c.. - 10.00~ I I I - 15' WIOE F.F.L. I 15' WIDE F.F.L7 .... I f- ~.nf Pege 4 of 4 ,.I'~ , ! I I I I , f i I I I I I ! , ! I I I I I ~"~ ~ ~A II ~~~ , , ~ I ~ ~-~-- ~ . ... ... .. g '" .. , :I: ~ ~ 4 ~, '" i! ... I<! I (Hi{ . z o I- <l U o ..J '" a: -:t u. ~ - '/ _1 (J -"-"-H-'- ~ '1 h -,-.-. ._1_.... fl-9 o z <( -.I i~. ~ !~! ~ 5i; c:: 'd~ ~I. - ~~; - J~D 0.. tj ~ r. . ."'~ I. it, ~ .'$ O .~.. ~~~ .J_ ~- . ,- . .00, >- fa f- - U DTos.aM C ?~ ...., \- f' . ....::I <t.?.:::'J~)V nL '~IBIHxa L -! rv3 \V3?\'lf)-I,A G'l...L - , ~e~HXa g .... '"""-' " ... . ~.._.._..- J I I I , I . I , I I ~ '1 ! ... Cl U o ...J ~ c: ~ Q. ~ ~ I I t ii I ~ ... i<I 1 <mE .-.-.-. c Z <t -.I h. ~ ,~! ... '"" c: wfs <( n'; ." . c.. ~. c'Jr 't. l.L. it ~ ., . '.S ,.-., .-- \-J ..,- i~i .&. >- fa ~ - Ufl- .. ... ... .. g ... .. . II ~ ... t ..' ... 6 -Iosall L Resol. 96-13 4, accoralnq ~o en. pla~ enereor, recorded in Plat Book 1 at paqe 102 of the Public aecords ot Palm Beach County, Florida, said portion described .s tollow.1 BEGINNING at the north...t corner of that certain parcel ot land conveyed to Hort~ spr1nqs Improvement District for wastewater collection and trans.ission faciliti.e by the warranty Deed recorded 1n otticial Record Book 23724 at P&qes 114 through 11' ot the pUblic Records of Broward County, Florida, thence North 89.46'23" West, alonq the north line of said parcel of land, a distance at 40.00 feet to the northw.st corner ot said parcel ot land: thence South 45.19'06" East, alonq the southwe.terly line ot .aid parcel of land, a distance of 57.11 feet to the most southerly corner of said parcel ot land on a 11ne parallel with and 10.00 f.et w..terly trom the east line of said Tract 18, thence South 00.52'25" East, alonq said parallel line, a dietance of 615.49 feet to a line parallsl with and 30.00 teet northerly tram the south line of said Tract 18' thence Harth 89"40'12" West, along said parallel line, a distance ot 515.13 teet to a line parallel with and 600.00 teet westerly from the east line of the Southwest Quarter (SW 1/4) of said s.ction 31 thence North 00.52'25" We.t, alon9 said parallel l1ne, a distance ot 1~4.47 teet' thence No~th 42.03'3," Wes~, a dl.~ance of 53.15 teet to a 11n. parallel w1th and 535.00 teee westerly from sald e.st lins ot the Southwest Qu.rt.~ (SW 1/4)1 thence North 00.52'25" West, along said p.~.llel 11ne, a distanc. at 100.00 teet; thence Harth 40.18'44" Ea.t, a distance at 53.15 te.t to sa14 l1na parall.l with and 600.00 test westarly tro. the .a.t lina of the Southweet Quarter (SW 1/4); thence North 00.52'25" West, alon9 said parallal l1ne, a dietance ot 370.00 teat to the southady Riqht at Way line of Holmberq Roed (Real1qned) aa described in Official Record Book 1'00' at Paqe 545 ot said Public Recordsl thence South 89'46'23" Ea.t, alonq said southerly Right of Way llne, a distance of 540.17 ~. teet' It. fl. ., t.I' paga 1 at 4 EXHIBIT (~ -, . .- ,~ ~~::8'Y1, ::':,,-, ,; Resol. 96-13 cn.ne. Soutn .5'U'24" Ea.t, d.partin, .aid .outh.~ly Riqnt at way 11n., a di.Cane. at .'.02 t..t to .a1d line pa~.ll.l w1tn and 10.00 t..t w..t.rly t~o. c~. .a.t l1n. ot T~act 11/ th.ne. South 00'S2'25. Ea.t, alon9 1I1d parall.1 11n., a di.cane. at 5." t..t to c~. POINT 0' BJ:GINNtNO. S.ld land be;n, ;n en. :1ty at Parkland, Brovard County, Florida. Contaln!n, '.255 Aer.., mora o~ 1.... ,,~ .", .. ..,. 2 at . .. TOTIll. IIQQI. ilL .. ~ 120,00' WIDE RIGHT OF WAY FOR HOLMBERG ROAD (REALIGNEO) _ ~ _ -+t--.J~.~ ~O~ ~ ~~.~~ _ __ . 1: 589-46'23"c ~ CO I I I I 'I' .. ;, I : I ~~t;i ~1 ~ I .... ... " ...J I- 90_1 I-U - ~~g ::\~ I: I~I " - 101 u.... '0 o ~ 1 ":0_ .1JI ~~1 I'; I ...J.... (Y'l I I- . . :: I> tnsu I' < ~ en ~ ~.... ~ 1:;1': ,I . I: 1% 11 I :i!f ~ ___ UJl-J ~ ~ ~ , I . , ~ SOU-rH -LINE OF 1 TRACT - is- A,.4J- NoRTH "i.iNe- 0; -TAi6 - ig:.:..[.ll\ ;: ~ Seg.40'12.E f: ;~g T RAe T 1 8 fl.tt.'" : I g w .,. 3 ...,." " I tQ::i~ Pege of 4- Resol. 96-13 U.~.C.. U~~l~.A~ ~c~u~u cu~ P.B.C.R.- PALM BEACH COUNTY RECORDS a.C.R.. BROWAAD COUNTY RECORDS PG.. PAGE u E. . UTILITY EASEMENT R/W . RIGHT OF WAY N.S.E.O.- NOATH SPAINGS IMP~~MENT OISTRICT P.P.~. . FLORIDA POW~ , ~IGHT COMPANY 15' WIDE F.F.L. . 15' WIDE ~OAO RIGHT OF WAY PER FLORIOA FRUIT LANDS COMPANY'S SUBOIVISION NO 2 (P.!. 1. PG. 102. P a.C.R. I BEARINGS ~WN I-EAEON ARE BASEO ON THE Pl..AT CF THIS IS NOT A TALL ~INES NORTH s~eTCH OF SURVEY. I P . e. 15.. PO. g. B, C . R. I ]I: . In N N In . o o Z o POINT OF BEGINNING (SEI DETAIL AND DATA TABLE ON PAG!: ... OF ....) T RAe T 1 8 5 E C T ION 3 TOWNSHIP 48 SOUTH. RANGE 41 EAST FLORIDA FAUIT LAtm C()PANY'S suaoIVISI~ NO. 2 IP.B. 1. PG. 102. P.B.C.A.) 800.00' AREA = 9.255 ACRES 636.00' 30.00 ' N8gt 40 ' 1 ;0 ... ... I \fl. W"'- ......Q I- 111 ffi .... l!j ... ..J!{l < ult'>- ::. -c - ~g"'.;i IIl~ZN < Q"" :l:Z"'C'l QCIlN:I: '-1Il ~tiJ-:%l . -UJ .a: '..J a:: . IIld c:iL.! ZU...-lD GRAPHI SCALE ~t.,.. 'ICE , , , -D f:'~~ 'Fe ~~~ ~~a.~ . ~3 c ~~~ (0 c to 10.00' - ~~ ~u o ' a: Z = ...u Resol. 96-13 L/~ I ~ I ~ c:; '- c::. (j) N89tJ45'23"W ~ NOOD52'25"W 40.00 . 100.00 ' @ S45tJ19'06"E @ N40tJ18'44"E 57 11 ' 53.15' ~ SOOtJ52'25"E (l) NOOD52'25"W 615.49 . 370.00' @ N89tJ40'12"W @ 589tJ46'23"E 575.13 ' 540.77' @ NOOD52'25"W @ 545D19'24"E 144.47' 49.02' @ N42D03'34"W @ SOOD52'25"E 53.15' 5.67' GRAPHIC SCALE ., ., ., ., ., ~ .. .. .. .. .. .. .. (\J .., .. III I I P 2 >- c I~ ~ a! POINT OF BEGINNING: I- \~ ..J NORTHEAST CORNER OF u g N.S.I.D, WASTEWATER ~ I~ ... COLL.ECTION AND l~ I- " ... Ul ~ TRANSMISSION FACILITIES :~ .JJ ~ lui ~ (O.R.B, 23724, PGS, 114-116. I l!:l c.:l B.C.R" WA~RANTY DEED) :'2! I~ 1-0 ~ ... 0.. 1.... ~ . ,-' ... 0 .... II- I~ It) .. ...l - 1(/1 1< 0 .;J \~ ... la' lC ~Q' 4CCESS EASEMeNT > < CD IC.A.B. 2372~, PG. 117. a.C.R.1 ~ ~ ~ - 10.00~ I 15' WIOE F.F.L.~ ~ 15' WIDE F.F.L~ ~ I.. n.l'. Peg. 4 of 4 ~~~ 3300 University Drive Coral Springs, Florida 33065 (954) 752-1100 WCI COMMUNITIES April 24, 1996 Mr. Andrew Maurodis, Esquire 150 NE 2- Avenue Deerfield Beach, FL 33441 Re: Holmberg Road Realignment Dear Andy: Roy Ramsey is a Senior Vice President ofWCI Communities Limited Partnership (WCI) and is authorized to bind WCI by executing the agreement between WCI and the City of Parkland related to Holmberg Road which is scheduled to be approved by the City Commission on Wednesday, April 24, 1996. His signature with two witnesses is sufficient to bind WCI and no other attestations or signatures, or seals, are needed. Enclosed for your information is a copy of we!' s Certificate of AuthoritylPower of Attorney recorded in the public records ofBroward County. If you need any additional information, I would be glad to provide it. Sincerely, DNRP FILE NO.: 01098 CITY OF PARKLAND and FLORIDA NATIONAL PROPERTIES, INC., Petitioners, vs. BROWARD COUNTY DEPARTMENT OF NATURAL RESOURCE PROTECTION, Respondent. I AGREED FINAL ORDER THIS CAUSE having been heard on the application of the CITY OF PARKLAND and FLORIDA NATIONAL PROPERTIES, INC. (WCI COMMUNITIES LIMITED PARTNERSHIP) in DNRP File No.: 01098 and the Hearing Examiner having heard the Stipulation by and between BROW ARD COUNTY DEPARTMENT OF NATURAL RESOURCE PROTECTION (DNRP), its successors and assigns, the CITY OF PARKLAND (CITY), its successors and assigns, and WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware Limited Partnership, as successor by merger of FLORIDA NATIONAL PROPERTIES, INC., a Florida corporation, (WCI), its successors and assigns, and this Hearing Examiner having been fully advised in the premises, and having heard the Stipulation of the parties, considered the entire record, and accq>ting their Stipulation as set forth below as the appropriate basis for resolving this matter, it is hereby found as follows: 1. Pursuant to an Agreement with the CITY, FLORIDA NATIONAL PROPERTIES, INC. sought to construct Holmberg Road within the trafficways corridor as realigned by the Broward County Planning Council on September 15, 1988 (Realigned Holmberg Road); and 2. In May 1993, FLORIDA NATIONAL PROPERTIES, INC. applied to DNRP for a dredge and fill license for the construction of Realigned Holmberg Road, which license application is contained in DNRP File No.: 01098; and 3. Thereafter CITY joined in the license application for the construction of Realigned Holmberg Road; and 4. On July 8, 1994, DNRP denied the dredge and fill license; and 5. The CITY and WCI appealed the license denial; and 6. Subsequent thereto, an administrative hearing was held before the undersigned Hearing Examiner on September 12 and 13, 1994; and 7. As a result of said hearing, the undersigned Hearing Examiner Order required DNRP to consider mitigation for the impact the construction of Realigned Holmberg Road would have on 0.9 acres of DNRP jurisdictional wetlands; and 8. As a result of said Order, the parties have conducted numerous discussions and have investigated possibilities for mitigation for any impacts to DNRP jurisdictional wetlands related to the dredge and fill license application for the construction of Realigned Holmberg Road; and 9. The applicants have provided for the mitigation of any impacts to wetlands related to the construction of Realigned Holmberg Road as described in Section 2 below; and 10. The parties believe that the enhancement, conveyance or dedication of lands provided for herein will constitute satisfactory mitigation for the construction of Realigned Holmberg Road; and 11. The conveyance or dedication of 9.255 acres (Exhibit" A") to Broward County by WCI will increase park and open space area in Broward County and, therefore, DNRP and CITY 2 support the request by WCI to the Broward County Commission for WCI regional and local Broward County park impact fee credits for such dedication; and 12. The parties have affinned that this Final Order resolves this administrative proceeding in a satisfactory manner, and shall provide for construction of a two lane roadway within Realigned Holmberg Road in the corridor presently set forth on the Broward County Trafficways Plan; and 13. The CITY desires that Realigned Holmberg Road be constructed as a two lane roadway; and 14. The CITY and WCI agree to enter into a concurrency agreement related to the CITY'S concurrency requirements for Holmberg Road to recognize that the realigned road will be constructed as and remain a two (2) lane roadway in a fonn substantially similar to that presented to the undersigned Hearing Examiner as made a part of the record of this hearing; and 15. The undersigned Hearing Examiner finds that the mitigation provided for above, and the stipulations agreed upon by the parties, as set forth herein, satisfy the legal requirements for issuance of a dredge and fill license for Realigned Holmberg Road (DNRP File No.: 01098) as described above; NOW THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. DNRP shall, upon execution of this Final Order, issue a dredge and fill license as sought in DNRP File No.: 01098 to CITY and WCI for the construction of Realigned Holmberg Road, provided that said dredge and fill license shall be issued for the construction of Realigned Holmberg Road as a two (2) lane roadway only within the trafficway conidor depicted on Exhibit "B" and as depicted on the plans for the construction of Realigned Holmberg Road, prepared by Gee and Jenson Engineers, Architects and Planners, Job No. 90-284, on file at and approved by the City 3 of Parkland, and WCI will cause the construction of said road to begin promptly with only such modifications necessary to comply with the spirit and intent of this Final Order. 2. As mitigation for any adverse impacts to DNRP jUrisdictional wetlands as a result of the construction of Realigned Holmberg Road according to said license: a. WCI shall dedicate to the public by plat, the parcel described on Exhibit "A" attached hereto (MITIGATION PARCEL); and b. CITY and WCI shall construct, or cause the construction of, any culverts required by the license and as set forth on the plans approved by the CITY. c. The part of the right-of-way owned by the CITY and not used for road right-of-way purposes west of 87th Avenue (or purposes ancillary and attendant to the road right- of-way) shall be dedicated or conveyed by CITY to Sroward County for use as a passive park. 3. CITY shall, within one (1) year of the date of this Agreement, process an amendment to its Comprehensive Plan which, if adopted, would provide that Realigned Holmberg Road shall remain as a two (2) lane road from Riverside Drive to University Drive. The City shall, to the extent pennitted by law, support the maintenance of Holmberg Road in this area as a two (2) lane roadway, and has affinned its belief that it is in its best interest and shall enter into a concurrency agreement with WCI for satisfaction of CITY concurrency on Holmberg Road for lands presently owned by WCI in the CITY or to be annexed into the CITY by any existing annexation ordinance (a copy of said agreement is made a part of the record in this cause). 4. This Final Order resolves the last remaining DNRP pennitting issue relative to the construction of Realigned Holmberg Road, and that no further DNRP licenses of any kind related to wetland permitting issues shall be needed in order for the commencement and completion of construction on the two (2) lane portion of Realigned Holmberg Road as depicted on the 4 construction plans for Realigned Holmberg Road on file at the CITY, and referenced in Section 1 above. 5. The Hearing Examiner reserves jurisdiction to eruorce the terms and conditions of this Final Order upon motion of any party hereto. Date: 5 4, ~ccoralnq to ~ne plae tn.raor, racorded in Plat Book 1 at Page 102 of the Public Records ot Palm Beach County, Florida said portion described as tallows: ' BEGINNING at the north.ast corner ot that cereain parcel at land conveyed to North Spring. Improvement District tor wastewater collection and trans.is.ion faciliti.. by the Warranty D.ed recorded in Otticial Record Book 23724 at Pages 114 through 116 ot the Public Record. of Broward County, Florida, thence North 89.46'23" West, along the north line ot said parcel at land, a distance at 40.00 teet to the northwe.t corner of said parcel or land: thence South 45.19'06" East, along the southw..terly line ot said parcel ot land, a distance at 57.11 teet to ~he most southerly corner of said parcel ot land on a line parallel with and 10.00 teet w..terly trom the east line ot said Tract 18; thence South 00"52'25" Eaat, alonq said parallel line, a distance ot 615.49 teet to a line parallel with and 30.00 feet northerly trom the south line ot said Tract 18; thence North 89"40'12" West, along said parallel line, a di.tanc. ot 575.13 teet to a line parallel with and 600.00 teet westerly tram the east line of the Southwe.t Quarter CSW 1/4) at 8ald Section 31 thence North 00'52'25" We.t, along .aid parallel 11ne, a dlstance at 144.47 teet' thence North 42'03'34" W..t, a dlstance of 53.15 teet to a l1n. parallel w1th an4 635.00 fee~ ve.terly tram .aid .a.t line at the Southw..t Quarter (SW 1/4)1 thence North 00.52'25" We.t, alon9 sald parallel 11ne, a distance at 100.00 teet: thance North 40.18'44" la.t, a dlstanc. at 53.15 te.t to .a14 11n. parallel with and 600.00 teet we.terly tro.the .a.t l1ne at the Southwe.t Quarter (SW 1/4); thenc. North 00'52'25" w..t, alon9 .ald parallel l1n., a d1.tanc. ot 370.00 teet to the 80utherly Rl;ht at Way line of HolJlb.Z'9 Road (R..liqne4) a. de.cr1bed ln Oftlcial Record Book 16006 at paqe 545 ot said Public Record.: thence south 8"46'23" I..t, along ..id southerly Riqht at Way line, a distance ot 540.77 teet; I, (l. fl' .. t,l' Page 1 ot .. EXHISIT A en_nG. ~a\ll;.A ..;t-"'Jr-..n C,..l;, CI.pa"1.n9...l.g aoutharly R19ht ot Way llna, a d1atanca ot .'.02 f.at to .a14 l1n. parallal vlth In4 10.00 taat vaatarly troa tha ...t llna of Tract 1" thanca .outh 00.S2'a,- Eaat, .10ft9 ..1d parallal l1na, a 41aCanoa ot S.'7 taat to tha POINT or BEGINNINO. . .a14 land bain9 in tha Clty of Parkland, Brovard County, ,lorlda. contalnl"q '.a" Acra., mora or 1.... 1I.{t ". '0' ... ,.._ 2 of . .. TOTlIl. IIllllI.Ol .. a.R.O.- Y~~l~lA~ R~~YHU ~OOK P.S.C.R.- PALM BEACH COUNTy AECOAOS B,C.A,- 8ROWARD COUNTY RECORDS PG.- PAGE U.E. · UTILITY EASEMENT AIW = RIGHT OF WAY N.S.I.D.- NOATH SPAINGS IMPAOVEHENT DISTRICT F,P.L. · FLORIDA POweR , LIGHT COMPANY 15' WIDE F.F.L. - 15' WIDE ADAD AIGHT OF WAY PER FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO 2 (P.!. 1, PO. 102. P.B.C.R. I BEARINGS $MOWN f€1lEOH ARE I BASED ON THE PUT ~ THIS IS NOT A TALL. PINES NOATH SKETCH OF SUAVEY. (P.!. 1S~, PO. 9, B.C.R. I ~~ 'T' GAAPHIC SCALE ~l~' WIDE F F L II f~:~F" ~~~ ~ ~ ~ ~- Jr ~~ . O...l c:;) 'I' _ !Q :0 .. ... I In., w...- .......a ... w ffi ....~ ~ Gf>- :.: ~ - ~i~~j 3:Z~(01i OlnC\lJr . - In ~9~-~~ ....l ct . l/'Id ci~ ZU...-CD c:;) 120.00' WIDE RIGHT OF WAY FOR HOLMBERG ROAD (REALIGNED) _ ~ _ .....,q.-!~.~ ~O~ ~~:...!.~ 2- _ __ . ~ S8S.4S'23-E c:;) CO I 7~ J I I I ,'- II ! ': I ~~t;1 ~l ] I .... ... " ..J I- ~.I ~~! -:: I~ I: I~ I . ~ ~ ; .o~.I~ !.~ -I;" :j'~ cl, I I- ' . : I> UJSU I ~ ~~.~ i= :.... I: IJr '. .z I: I j I I :~.I .gi II i' ~~-: __ a..1\Ia: I I . . ~ SOUTH -L-I~ OF 1 TRicT - 18 ANi NORTH L.INE- 0; TRAc-r -lQ:.:..cr!\ ;: ~ 1 589.40'12.e f: ~~~ T RAe T 1 8 ~.tt.~. : I ~ ~ ~ Pl!lge 3 of 4 .,.,,'" : I to:::l o POINT OF BEGINNING (SEE DETAIL AND DA.TA TABLE ON PAGE" or 4.) T RAe T 1 8 5 E C T r 0 N 3 TOWNSHIP 48 SOUTH. RANGE 41 EAST FLORIDA FFlJIT L>>I)S aJFANY'S Sl8)IVISI~ N). 2 IP.B. 1, PG. 102. P,B.C.R,) 800.00' AREA = 9.255 ACRES 83$.00' 30.00' Nag...O ' 10. 00 ' ~ co - ~~ ~tJ o . a:: z= "'U . 'CJ:3 Cl' i . ~CJ:I . en ~ ~ Co. ~'.... !~ C1. . ~ .... o. It) a:~ ... i... ~ .oJ . . ..... = a to ~ , ... . L... t: a. t;-: 8>- ~tO Q ~~ ...<( JrU .... .Q ~~ ......." , , , . , ,......, '--" '- '-- (j) N89t145'23HW ~ NOOIl52'25"W 40.00 ' 100. 00 . ~ 545019 '05 HE @ N40018 '44 HE 57.11 ' 53.15' (3) 500052 '25 HE ~ NOOf152'25"W 515.49 ' 370.00 . @ N89040'12"W @ 589045'23'"c 575.13 ' 540.77' @) NOOf152'25'"W @ 545f119 '24 HE 144.47' 49.02' @) N42f103'34'"W @ SOO1l52'25'"E 53.15' 5.67' GRAPHIC SCALE .1 .1 .1 ., ., ., 0 0 ~ 0 0 ~ .. l'l .. I I D i I~ >- I~ I ~--:- ~ ~ POINT OF BEGINNING: ... I~ g o C,) NORTHEAST COANER OF ~ Z = N.S.I.O. WASTEWATER I~ ... . COLLECT ION AND I~ ... ... CJ) ~ TRANSMISSION FACILITIES :~ .>> ~ len ~ . la.R.B. 23724, pas. 114-118, I B.C.R.. WARRANTY OEEOI :~ .~ l! I-f ft I! ... p.. ,'" :II .. . ,..J 0 ... ,.... I~ It) ct ~ - ~ 0 ~ ~ ... 10' lC .0' ACCESS !AS!MINT < cc IO.A.B. 2371., PG. 117. I.C.R.! ~ , a.. - 10. oo~ I ~ 1~' WIDE F.F.L. 15' WIDE F.F.L~ ~ t.n.1'- Page 4 of 4 ~~- r-.----'.- oj ~ .-.-.-. % o I- et U o ..J ~ 0: -:t ~ ~ i I I jr- I ~ ~ ... ,<r--f--S . c Z <t -I i., 'I . ~ -'~ ... Ii ~ c: WI. - rn ~ J:- a. tj ~ ,. . a'. I. ir~ .... .'s O .~. .~- f=j ..1 >- ru .... - (.J .. ... ... .. 8 .,. .. . .. ~ ... t ... .,. .~IBIHxa L ~'. LAW OFFICES OF ANDREW S. MAURODIS 321 S.E. 15TH AVENUE FT.LAUDERDAlE,FLA.33301 TELEPHONE (954) 467-2000 TELECOPIER (954) 467-2306 150 N.E. 2ND AVENUE DEERFIELD BEACH, FLA. 33....1 TELEPHONE (954) 480-4265 TElECOPIER (954) 480-4490 REPLY TO: DEERFIELD BEACH April 29, 1996 Harry Mertz, City Manager City of Parkland 6500 Parkside Drive Parkland, Florida 33067 RE: Agreed Final OrderlCity of Parkland and Florida National Properties, Inc. vs. Broward County Department of Natural Resource Protection Dear Harry: Enclosed please find an executed ori~inal Agreed Final Order in the Holmberg Road matter. This original is to be kept with the City's important records, with copies distributed to Engineering and Planning. Sincerely, ASM:jms Enclosure