HomeMy WebLinkAbout1997-04 Agmt with WCI Declaring Deannexation Null & Void-Reannexing Remaining 1132 Acres
TITLE ROT READ AT MEETING
NO ACTION TAKEN 2/5
RESOLUTION NO. 97-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF PARKLAND, FLORIDA, AUTHORIZING
ENTERING INTO AN AGREEMENT WITH WCI TO
REANNEX APPROXIMATELY 1,132 ACRES INTO THE
CITY OF PARKLAND; CONTAINING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Parkland, Florida approves
entering into the attached Agreement between the City of Parkland and WCI;
WHEREAS, the City of Parkland City Commission believes that the proposed
agreement is in the best interests of the citizens of Parkland;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF PARKLAND, FLORIDA:
Section 1. The City of Parkland does hereby approve entering into the
aU.ached Agreement between the City of Parkland and WCI to reannex the remainder of
the d~anneX:ed land consisting of approximately 1,132 acres.
Section 2.
That this Resolution shall become effective upon adoption.
PASSED AND ADOPTED THIS
DAY OF
, 1997.
CITY OF PARKLAND, FLORIDA
SAL PAGLIARA, MAYOR
ATTESTED;
SUSAN ARMSTRONG, C.M.C.
; !
qry CLERK
,,'
JAN. -31' 97lFRI) 13:02 ANDREW MAURODIS
TEL:480449U
r, UU 1
AGREEMENT
THIS AGREEMENT is entered into by and between the CITY OF PARKLAND. a
municipal corporation. its successors and assigns (CITY) and (WCI)
as follows:
I
WHEREAS, on the _ day of , 19--, WCI, through its
predecessor, FLORIDA NATIONAL PROPERTIES. and the CITY, entered into an Agreement
which provided for the dcannexation of certain land from the corporate bOU11daries of the CITY
(Deannexation Agreement); and
WHEREAS, the Agreement not only provided for the deannexation of The Property, it
contained other covenants by and between the parties; and
WHEREAS, pursuant to Chapter _' Laws of Florida. the Legislature deannexed The
Property from the corporate boundaries of the CITY; and
WHEREAS, since the execution of the Deannexation Agreement. the CITY has
demonstrated the ability to provide high quality services to its resjd~.nts, honest and efficient
administration orall necessary municipal authority. and wise management of the governing powers
as provided by Chapter 166, Florida Statutes, and Chapter 163, Florida Statutes; and
WHEREAS, approximately 4e& !l.Q acres of the deannexcd land are being voluntarily
annexed into the CITY pursuant to Chapter 171, Florida Statutes. at the request ofWCI; and
WHEREAS, WeI is desirous of annexing the remainder of the deannexed land (The Property
as more particularly described as Exhibit A) ba.ck into the CITY so as to assure that said property
shall be within the corporato boundaries of the CITY and subject to the full governing authority of
the CITY; and
WHEREAS, the CITY is prepared to provide all necessaty municipal services and governing
JAN. -31' 97(FRI) 13:02 ANDREW MAURODIS
TEL:4804490
p, 002
authority to The Propcrty~
NOW THEREFORE BE IT AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
Sect inn 1.
The above WHEREAS clauses are agreed to by the parties and shall be a
binding part of this Agreement as iffully set forth herein.
Section 2.
The Deannexation Agreement is hereby declared null and void and of no force
and effect.
Section 3.
The parties do hereby agree to the adoption by the Legislature of a special bill
to reannex The Property into the corporate boundaries of the CITY at the earliest possible time. The
parties also agree to the Legislature repealing Chapter ~ Laws of Florida.
Section 4.
The Property. consisting of approximately 1,132 acres. presently has a land
use designation of3 units per acre. The parties hereby agree that, pursuant to the present land use
plan designation, the maximum number ofdwelJing units for the deannexed land shaH be 3,396. The
CIlY shall not deny a rezoning request on the basis of the fact that the applicant seeks a rezoning
which is in excess of the applicable land use plan designation, provided said application is consistent
with the method of allocating dwelling units adopted in the Broward County Land Use Plan.
However, the parties acknowledge that other factors may be relevant in an analysis of a rezoning
request and nothing contained herein shall be construed to limit the authority and discretion of the
-
CITY to approve OT deny any request for rezoning or other development permit except as expressed
and specifically stated abtnre in thi~ Agreement. The parties do hereby recognize and agree however
that in no event shall the permitted number of dwelling units for the annexed land exceed 3.396
dwelling units.
2
JAN. -31' 97(FRI) 13:03 ANDREW MAURODIS
TEL:4804490
P.003
Section ~ The CITY does hereby state that the present land use designation for The
Property of 3 units per acre is appropriate. However, decisions as to individual re?..oning requests
may vaxy depending upon the circumstances and the nature of the application. The CITY does hereby
state that zonini districts fnr The PropeJ1;y as shown on the attached conceptual plan {Exhibit B) are
appropri ate. The parties do however aCknowledge that any rezonings shall be subject to proper
application and public hearings by the CITY and the exercise of discretion by the CITY consistent
with the CITY's Comprehensive Plan.
Sedion 6. The CITY and WeI agree that the delWlcxcd land should be annexed into the
CITY at the earliest possible time. The parties will undertakc all necessary measures to act
expeditiously and in good faith to assurc that the property will be annexed into the CITY.
Section 7. This Agreement shall be null and void if The Property is not annexed into the
CITY prior to October 30, 1997.
Seetio.. 8. This Agreement shall be binding upon the parties hereto, its successors and
assigns, and all future owners of The Property, and shall run with and bind The Property.
Section 9. This is the complete agreement between the parties and no amendment or
alteration hereof may be permitted without written agreement executed by the parties with equal
dignity.
Set:tion 1 o. The drafting of this Agreement was a joint endeavor of the parties. This
~ Agreement shall not be construed more strictly against one party than another and the Agreement
shall be liberally construed to achieve its intent
Section 11. This Agreement shan be effective upon the date that the last party affixes its
signature hereto,
3
JAI -31' 97(FRI) 13:03 ANDREW MAURODIS
TEL:4804490
P. 004
Witnesses;
weT
By:
Date:
ST A TE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me, the undersigned Notary Public in and
for the State of Florida, on this, the day of .. 1997, by
ofWCT.
Notary Public, State of Florida
Printed. typed or stamped name of Notary
Public exactly as commissioned
_ Personally known to me, or
Produced identification:
Type of identification produced
Witnesses:
CITY OF PARKLAND
By:
Mayor
Date:
ST ATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me, the undersigned Notary Public in and
4
JAN. -31' 97(FRI) 13:04 ANDREW MAURODIS
for the State of l:<lorida, on this, the
Pagliara.
Parklalld/WCr,lIIl1lClr
11l1/97
day of
TEL:4804490
P.005
. 1997, by Mayor Sal
Notary Public, State of Florida
Printed, typed or stamped name of Notary
Public exactly as commissioned
_ Personally known to me. or
Produced identification:
Type of identification produced
5
EXHIBIT "A"
A portion of sections 31 and 32, Township 47 South,
Range 41 East, Broward County, Florida; and a portion of
Sections 5 and 6, Township 48 South, Range 41 East, Broward
County, Florida, all described as follows:
BEGINNING at the southwest corner of the
Northwest Quarter (NW 1/4) of said section 6;
thence North 00002'27" West (Bearings are
relative to State Plane Coordinates as shown on
STONER/KEITH RESURVEY OF A PORTION OF TOWNSHIP 47
SOUTH, RANGE 41 EAST, ALL OF TOWNSHIP 48 SOUTH,
RANGE 41 EAST, , ALL OF TOWNSHIP 49 SOUTH, RANGE 41
EAST, according to the plat thereof, recorded in
Miscellaneous Plat Book 3 at Page 44 of the PUblic
Records of said Broward County), along the west
line of said Northwest Quarter (NW 1/4), a distance
of 3253.12 feet to the northwest corner of said
Section 6 and the southwest corner of said
Section 31;
thence North 00003'47" West, along the west
line of the Southwest Quarter (SW 1/4) of said
Section 31, a distance of 2642.42 feet to the
northwest corner of said Southwest Quarter (SW 1/4);
thence continue North 00003'47" West, along
the west line of the Northwest Quarter (NW 1/4) of
said Section 31, a distance of 660.60 feet to the
northwest corner of the South Half (S 1/2) of the
South Half (S 1/2) of said Northwest Quarter (NW 1/4);
thence North 89057'06" East, along the north
line of said South Half (S 1/2) of the South Half
(S 1/2) of the Northwest Quarter (NW 1/4), a
distance of 2268.58 feet to the northeast corner of
said south Half (S 1/2) of the South Half (S 1/2)
of the Northwest Quarter (NW 1/4);
thence North 89057 '16" East, "along the north
line of the South Half (S 1/2) of'the South Half
(S 1/2) of the Northeast Quarter (NE 1/4) of said
Section 31, a distance of 2268.08 feet to the
northeast corner of said south Half (S 1/2) of the
South Half (S 1/2) of the Northeast Quarter (NE 1/4);
thence continue North 89057'16" East, along
the easterly prOlongation of said north line, a
distance of 16.58 feet to a line parallel with and
16.58 feet easterly from the west line of the
Northwest Quarter (NW 1/4) of said Section 32;
thence North 01022'19" West, along said
parallel line, a distance of 655.48 feet to a line
parallel with and 1313.28 feet southerly from the
north line of said Northwest Quarter (NW 1/4);
thence North 89036'52" East, along said
parallel line, a distance of 2623.50 feet to the
east line of said Northwest Quarter (NW 1/4);
<<.'/I'~,
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Page 1 of 4
EXHIBIT "A"
thence North 01021'25" West, along said east
line, a distance ot 1313.47 teet to the northeast
corner ot .aid Northwe.t Quarter (NW 1/4);
thence North 89037'21" East, along the north
line of the Northeast Quarter (NE 1/4) of said
Section 32, a distance of 2639.40 feet to the
northeast corner of said section 32;
thence South 01021'35" East, along the east
line of said Northeast Quarter (NE 1/4), a distance
of 300.00 feet to the beginning of a curve concave
to the northwest having a radius of 2300.00 feet
and a central angle of 63000'00";
thence southerly and southwesterly, along said
curve, a distance of 2528.98 feet;
thence South 61038'25" West, a distance of
811.45 feet;
thence South 28021'35" East, a distance of
60.00 feet;
thence South 61-38'25" West, a distance of
771.69 feet to the west line of the Southeast
Quarter (SE 1/4) of said Section 32 and the east
line of the Southwest Quarter (SW 1/4) of said
section 32;
thence continue South 61038'25" west, a
distance of 39.77 feet to the beginning of a curve
concave to the southeast having a radius of 2240.00
feet and a central angle of 62030'10";
thence southwesterly and southerly, along said
curve, a distance of 2443.57 feet;
thence South 00051'45" East, a distance of
12.95 feet to the northeast corner of the 120.00
foot wide Right of Way for Coral ~dge Drive as
described in Official Record Book 21116 at Page 542
of said Public Records;
thence continue South 00051'45" East, along
the east Right of Way line of said Coral Ridge
Drive, a distance of 60.00 feet to the south line
of said Southwest Quarter (SW 1/4) of section 32
and the north line of the Northwest Quarter (NW
1/4) of said section 5;
thence continue South 00051'45" East, along
said east Right of Way line, a distance of 3301.36
feet;
t.hence South 00050'43" East, along said east
Right of Way line, a distance of 1.02 feet to the
south line of said Northwest Quarter (NW 1/4) of
Section 5; 1l."{i
,..'
Page 2 of 4
EXHIBIT RAR
thence North 89053'02" West, along said south
line, a distance ot 1379.34 teet to the southwest
corner ot said Northwest Quarter (NW 1/4) ot
Section 5 and the southeast corner ot the North
Halt (N 1/2) ot said section 6;
thence North 89048'18" west, along the south
line ot said North Halt (N 1/2), a distance of
4659.69 teet to the POINT OF BEGINNING.
Said land being in Broward County, Florida.
Containing 1132.646 Acres, more or less.
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Page 3 ot 4
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I hereby cert1fy that this mep shows the eree of
Browerd County. Floride to be 1ncluded w1th1n the
corporate limits of the C1ty of Parkland. Flor1da.
~1: YL~~"./
Robert N. De~ord
Professional Land Surveyor
Florida Registret10n No. 3826
9--' 17.I'If7
Dete
C~TY 0"," PIt~ItI."wO
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JAN, -31' 97(FRI) 16:39 ANDREW MAURODIS EXHIBIT "B" TEL:4804490
1~ :i!1 '97 1~: l:i! FR C"""'1.. RI cae Iil<EC OFF3QlS ?SS 1885 TO 4804490
-' .eXHIBIT "S" CONCEPTUAL PLln-l
RS- 2 . 5 LOW DENSITY SINGLE FAMIL '(
RS-3
RS-4
RS-6
AM-a
LOW DENSITY SINGLE FAMILY
LOW DENSITY SINGLE FAMILY
SPECIAL SINGLE FAMILY
LOW MEDIUM DENSITY
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