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1997-04 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'~, "t" 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. 1I,1l4'~;~ ,. ~, 1 Page 3 ot 4 C 11Y tJf" .fJI'1A/(t.~,.,1) ~P~/f..I/'" ~'1 '^,~/~I'EAIN(, ~"'f I/z Z./?7 ~vc EXHIBIT -A- THIS IS NOT A ~~ 0 SKETCH OF SUAVEY. I~~.I J Q 0 0 0 0 0 0 0 0 0 0 0 III Ul a a 0 a ... N l'l . Ul 1-=0 . 31 I 29 28 3~~9 31 32 I -,- PALM BEACH COUNTY BROWARD COUNTY 2638. 40'3'" . ~ NB9" 37'21.E '" 1" · ~ ...'#1.;0' ~ :.. 0...2:300 . l'lN S O' "':' ~OO'~ 00' o l'" ...00 . Z ,,* 6~.ga \..- '\~ ~... 'V~ 33 III l'l ... l'l ... :x: ~~ W I' .0 . e.~ I~ o .... Nll9" 57' OS"4Nll9" 57 'lS.E 2268.58' 2268.0a' . ..-. FLOlIIIlA l'IlUlT ....- ANY'. 8lBlIYISllIN NO, 2 IP... I. PS, 102. P..,C,R, I :a ~ a Ne9" 57 'la"E ;; ~i 11132.64;SA:~sl g ltl 0 I Z3 ~ I 31 1 "".~~~" ,'" ""'" ~ ...... 6 TOWNSHIP 4S SOU H. RANGE 41 EAST6 POINT OF j' GI......ING: SOUTHWEST ORNER OF THE NORTHWEST UAATEA IN.W. OF SECTION,6-48-41 ~ ~ . , a. 0..." 0'11I '0 . al'll'l .. . Rllll ~ . . . ll:....J ~I..,\ .... . '\ . It ~ Z ' . ' l!l"!"! ...~ H~1l 310 . _0 ~i~ u2 1211' WIllE N.S. I.D. : CANAL C-"W 10.R,B'1 1IIl70, PII._. B.C.R.' Nll9" 4a . IS" W , eEA"rN. NOTI ...... .... ...... AM ""1. 'YO .-rATE ~ ClllllDIM\TD M ..... .. ~llN .-...wrt ,. .. IICIfITJGrt ,. ~. .., IDUTM. .... . ...... M.L CP .,...... . -.mt. ..... .. ...,.. I ALL. . ...... . ....... __ 41 IMT. M:CIIDlte TO THI "-AT ,..... ...... IN ...... I --atI flLAT lID( I AT ~......,.. PWLIC ~..........., CDI,Irft'Y. A.IIUD4. L E BEN D :x: ~~ W ~o . !I o .... ~... . PLAT IIDDIC N.- P'A8I 0....... CllPIClAL MaJID ...- "...C.... . HI..M IDDt CII.NTY ..... ..C.".- ....... CIUft'Y ~ N...I.D.- tranM ....n.. ~ DI.-rRJCT "'" . "I"" CF tlAy 111.00' P:.".L. . III.H' ..Im R..afIIDIo fIIlIJIT L~ "'" I"... t. N. ,_. .....C..... P .N.P .~CJllltIM NATlQfIML PfI:IIBnIU,IfC. ~. . IECTlDN i II. SA_SS CENTEFl CP.B. 138. PII, lB. B,C.R, . 6 EXPRESSWAY I RI OF WAY MAP BOllI< 11. PII. 38. B.C.R.' 4 SA_SS 7 ? 8 B 9 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 ;9~,PIftIlV~() IJ, t!"u~ ~,,'#C_~ '#7 ~z ~/?7 ~/?7 PlIoe 4 of 4 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 w ~g I c .~ c Cl C Q c '" C> ~ -1 c c C C C CI l\j I'l ""LM I.ACH I..OHIIIlD .:> Q o 'f COUNTY COUNTY Cl III f}l Rs-e Rs-e SAIl/GRASS EXPRfiSSWA l" ;:;7;t0 p, 002 F' .06/07 THIS IS NOT A J' SKETCH IF 5UFlveY. ~ \ \ \ , .. \ , , I I I .~ I"" )..,~ ~:...l 51).. \,.).:: ~:~ ~:i II( , I . I , , \ \ , , , , , \ , . - - - - - - -. I ~; " , ~. , ... I , -I, I ~ . . .... I I ~ · BROWARO CQl.#./TY . P_~M_____________ ~: PARI<LAI'tO efTI' LJHJ7S ~: I --~---- _,~L I.:i t _ .f~~1.."fl. ~!E.LL'!~IJf!. _ _ _ r--- C'Cft4L SPf'IlNGS CITY' LIMITS