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Home My WebLink AboutR-1990-051 RESOLUTION NO. 51-90 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE-ANNEXATION AGREEMENTS BETWEEN THE CITY OF DANIA AND DAVID H. RUSH AND THE CITY OF DANIA AND RUSH HOLDINGS , INC . ; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE . BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That the certain Pre-Annexation Agreements between the City of Dania and David H . Rush , a copy of which is annexed hereto and made a part hereof as Exhibit "A" , and between the City of Dania and Rush Holdings, Inc. , a Delaware corporation, a copy of which is annexed hereto and made a part hereof as Exhibit "B" , be and the same are hereby approved and the i appropriate city officials are directed to execute same. Section 2. That this resolution shall be in force and take -� effect immediately upon its passage and adoption. PASSED and ADOPTED this 8th day of May 1990. MAYOR - OM ISS ER ATTEST: "CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS By : FRANK C. ADLER, City Attorney Resolution No. 51-90 J PRE-ANNEXATION AGREEMENT THIS PRE-ANNEXATION AGREEMENT ("Agreement^) is made and entered into this 4th day of Mav_, 1990, between the CITY OF DANIA, FLORIDA, a Florida municipal corporation (hereinafter referred to as the "City") and DAVID 11. RUSH, his heirs, successors and assigns (hereinafter referred to as the "Owner"). RECITALS: WHEREAS, Owner holds fee simple title to the property as hereinafter defined, and WHEREAS, the City desires to annex the property into the City and to that end will initiate the process required by law to enact an ordinance adopting a petition for voluntary annexation of the property into the City filed by Owner, pursuant to Florida Statute 171.044(2) . "' ":�'"""""`•'"'`"^�'�",�y WHEREAS, Owner and the City believe it is in their 1 mutual best interests to assure that the existing M-1 Light F] Industrial zoning of the property under the Broward County Zoning Code and Comprehensive Land Use Plan continue to be applicable to III the property after annexation. NOW, THEREFORE, in consideration of the sum of Ten -' Dollars ($10) and other good and valuable consideration, receipt ,M ~� and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated by this reference and made a part of this Agreement. All exhibits to this Agreement are hereby deemed to be a part hereof. 2. Propert . As used herein, the term "property" shall mean that certain parcel of real estate situate in unincorporated Broward County, Florida, which is legally described on Exhibit "A" attached hereto and by this reference .. made a part hereof. 3. Annexation. Subsequent to the execution of this Agreement, Owner shall voluntarily petition City to annex the property into the City pursuant to the petition, by completion EXHIBIT "A and submission of the form annexed hereto as Exhibit "B". The City, upon filing of the petition, shall immediately initiate the process to and shall promptly accomplish and complete annexation of the property into the City in the manner provided by Florida Statute 171.044(2) and all other applicable state and local laws and regulations. 4. Zoning. Upon annexation of the property into the City, the City will cause the property to bear a City zoning designation which the City represents will be an identical zoning designation to the existing Broward County "M-1 Light Industrial" zoning, including all permitted uses, and that said zoning will continue unchanged for a period of 20 years following the annexation, unless sooner changed to an alternate zoning designation upon the petition of Owner. The City further - - represents that the said City zoning designation and the uses permitted thereunder will be incorporated into the City's Comprehensive Land Use Plan and use regulations. The City will, following annexation, immediately take such steps, including the adoption of necessary ordinances legally required, to effect the zoning assurances given Owner in this paragraph. S. Abatement of Periodic Flooding. The City " - recognizes that the property currently experiences periodic flooding during normal rainfall of Ravenswood Road and the parking areas comprising part of the property. The City agrees at its sole expense after annexation to construct, install and continuously operate and maintain on Ravenswood Road or on the property such drywells, pumps or other facilities necessary to aiieviate the periodic flooding condition, with such construction or facilities not to obstruct or prevent the continued access to and use of the property by owner. 6. Sewer Services. Upon annexation of the property into the City, the City will use its best efforts to cause ....._....,,. Broward County to extend sanitary sewer service to the property with such extension and service to be at Owner's expense. - 2 - { 7. Due Diligence. The City covenants that it shall immediately commence all actions as are necessary and appropriate to fulfill the City's obligations under this Agreement and shall diligently pursue the same throughout the existence of this .+ : .... - Agreement. 8. Miscellaneous. A. Entire Agreement. This Agreement sets forth all the promises, covenants, agreements, conditions and understandings between the Owner and the City and supersedes all prior and contemporaneous agreements, understandings, inducements or conditions express or implied, oral or written, except as herein contained. B. Severability. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of this Agreement. C. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an fff original, but all of which together shall constitute one and the same instrument. D. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of the Agreement. E. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida and any proceedings arising in any matter pertaining to this Agreement ' shall, to the extent permitted by law, be held in Broward County, F1nriA> F. Binding Effect. The obligations imposed pursuant to this Agreement upon the property shall run with and bind the property as covenants running with the land and this Agreement shall be binding upon and enforceable by owners and the City and their successors, grantees and assigns in accordance with the terms hereof. 3 I J IN WITNESS WHEREOF, Owner and the City have executed this Agreement as of the day and year first above written. ATTEST: CITY: THE CITY OF DANIA, FLORIDA, a Florida municipal corporation City Clerk -Auditor By. Commissioner Mayor, By: Robert Flatley, City Manager Signed, sealed & delivered OWNER: in the presence of: DAVI H. RUSH ` e ,. witness avid H. Rush ' �'.iEa,�1rt'z°k•;'', ,:1'dr-;•rr. 'r,�3 ky:,.=.. APPROVED FOR FORM AND CORRECTNESS: By: Frank C. Adler, City Attorney STATE OF FLORIDA ) COUNTY OF BROWARD ) BEFORE ME, the undersigned officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, to appeared Commissioner, ROBERT F. FLATLEY, as , as Mayor as Auditor Clerk of the City Manager and Florida municipal corporation, to me CITY OF DANIA, a to me to be the per known and known -hqJ:•J:e;a�cJw}'Jxv22.:..:>,�,�; e• Persons deer r:F�a • -,.� executed instrument and who acknowledge11 dalbefore me WnO executed that the they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this __ day of ---�, 1990. Notary Public My commission expires: _ 4 _ i STATE OF FLORIDA ) ' COUNTY OF BROWARD ) i BEFORE ME, the undersigned officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared DAVID H. RUSH, to me personally known and known to me to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed the same. WITNESS my hand ond official seal in the County and State last aforesaid this day ,,o-'f 1990. V�O�A�n U.a... _ NoLL''ary Public My commission expires: 1 NOTA1Y P_-IC ST A 710:y0 .0> IT t%13± PAY COLIdIIi]]i C:.ef. ..i.'JAIva :Ji f CO.Y040 Mk'J nyJ/,::,f_At c n:puA�if 9 .v f fi 5 - , EXHIBIT "A" LFGAL DESCRIPTION (5755 Ravenswood Road] The South 231.4 feet of Lot 3, of Block 4, of the Subdivision ange 42 P1ateBookn232Pagew34hip 50 of the PublicRRecords of Browardecorded in County, Florida. :� s"G PETITION FOR ANNEXATION EXHIBIT "n" To the City Commission of the City of Dania, Florida. Sirs: This petition of the undersigned property owners) respectfully shows: . . . - (1) That this is an application hereinbelow for the annexation of the on tract(s)Dania, Florida. of lend to the City of (2) That said territory adjoins said municipal corpora[ion's boundaries. (3) That attached hereto and made a part hereof is a "Certi- ficate of Ownership" prepared by a licensed abstract firm in Broward County. -- -. - (4) That attached hereto and Dada a Dart hN 49 -"r Of the hereinbelow described property prepared by an engineer or land surveyor licensed to do business in the State of Florida. (5) That the existing Zoning on the subject property is LEGAL DESCRIPTION n Pecitioner(s) pray(s) that said territory be annexed to said City of Dania; and, accordingly has/have tion. signed and presented this peti- ^�• By: --�— knaaress) -—�— (City) tale) STATE OF FLORIDA ) —MP D e) one um er) COUNTY OF BROWARD ) ss. Before me personally appeared to e t e pe rson(s) escri to me we nown an sown co r•e instrument, and acknowledgeda in and who executed the foregoing said instrument for the to and before me that Purposes therein expressed.'——executed 198 WITNESS my hand and official seal, this _day of My commission expires: • - otary u c, tale OTITor7da (Notary Seal) _ i. PRE-ANNEXATION AGREEMENT i THIS PRE-ANNEXATION AGREEMENT ("Agreement") is made and entered into this 4th day of May 1990, between the CITY OF DANIA, FLORIDA, a Florida municipal corporation (hereinafter referred to as the "City") and RUSH HOLDINGS, INC. , a Delaware corporation, its successors and assigns (hereinafter referred to as the "Owner") . RECITALS: WHEREAS, Owner holds fee simple title to the property as hereinafter defined, and WHEREAS, the City desires to annex the property into the City and to that end will initiate the process required by law to enact an ordinance adopting a petition for voluntary annexation of the property into the City filed by Owner, pursuant to Florida Statute 171.044(2) . WHEREAS, Owner and the City believe it is in their mutual best interests to assure that the existing M-1 Light ` Industrial zoning of the property under the Droward County Zoning li Code and Comprehensive Land Use Plan continue to be applicable to the property after annexation and that an existing periodic flooding condition be alleviated. -�. ♦KZX�! My ray J; NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10) and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: t 1. Recitals. The foregoing recitals are true and .v 14i1'Gki>V}3t�1�'�I.S Ei.�trs�s 11.J.' 1 and are hereby incorporated by this reference and made a part of this Agreement. All exhibits to this Agreement are hereby deemed to be a part hereof. 2. Property. As used herein, the term "property" - shall mean that certain parcel of real estate situate in unincorporated Froward County, Florida, which is legally described on Exhibit "A" attached hereto and by this reference 0 7. i made a part hereof. • t EXHIBIT "B" 3. Annexation. Subsequent to the execution of this Agreement, Owner shall voluntarily petition City to annex the Property into the City pursuant to the petition, by completion and submission of the form annexed hereto as Exhibit "B". The ,.. City, upon filing of the petition, shall immediately initiate the process to and shall promptly accomplish and complete annexation of the property into the City in the manner provided by Florida Statute 171.044(2) and all other applicable state and local laws and regulations. 4• Zoning. Upon annexation of the property into the City, the City will cause the property to bear a City zoning designation which the City represents will be a.n identical zoning designation to the existing Broward County "M-1 Light Industrial" zoning, including all permitted uses, and that said zoning will continue unchanged for a period of 20 years following the annexation, unless sooner changed to an alternate zoning designation upon the petition of Owner. The City further j represents that the said City zoning designation and the uses permitted thereunder will be incorporated into the City's Comprehensive Land Use Plan and use regulations. The City will, following annexation, immediately take such steps, including the adoption of necessary ordinances legally required, to effect the "� ;£•, .. `•� zoning assurances given Owner in this paragraph. S. Abatement of periodic Floodin . r. :.. The City recognizes that the property currently experiences periodic flooding during normal rainfall of Ravenswood Road a._..+ .w.. parking areas comprising part of theproperty. The City agrees at its sole expense after annexation to construct, install and t continuously operate and maintain on Ravenswood Road or on the property such drywells, pumps or other facilities necessary to alleviate the periodic flooding condition, with such construction or facilities not to obstruct or prevent the continued access to and use of the property by owner. 6. Sewer services. Upon annexation of the property into the City, the City will use its best efforts to cause Broward County to extend sanitary sewer service to the property with such extension and service to be at Owner's expense. - . 7. Due Diligence. The City covenants that it shall immediately commence all actions as are necessary and appropriate to fulfill the City's obligations under this Agreement and shall diligently pursue the same throughout the existence of this Agreement. s• Miscellaneous. A. Entire Agreement. This Agreement sets forth all the promises, covenants, agreements, conditions and .. understandings between the Owner and the City and supersedes all - prior and contemporaneous agreements, understandings, inducements or conditions express or implied, oral or written, except as herein contained. B. severability. The invalidity of any provision 4 hereof shall in no way affect or invalidate the remainder of this 1111 R'2 Agreement. w� C. Counterparts. This Agreement may be executed in i one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the r same instrument. D. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of the Agreement. 4 ,..yu,.k.,,.,,dy RCS+� sA —• Go�erning Law. This Agreement shall be construed in accordance with the laws of the State of Florida and any proceedings arising in any matter pertaining to this Agreement shall, to the extent permitted by law, be held in Broward County, Florida. F. Binding Effect. The obligations imposed pursuant to this Agreement upon the ro ert P P y shall run with and bind the Property as covenants running with the land and this Agreement w , 1 _J y - shall be binding upon and enforceable by owners and the City and their successors, grantees and assigns in accordance with the terms hereof. IN WITNESS WHEREOF, Owner and the City have executed this Agreement as of the day and year first above written. ATTEST: CITY: THE CITY OF DANIA, FLORIDA, a Florida municipal corporation _ City Clerk - Auditor By. Mayor, commis ioner .. B y• „(�// k� Robert Flatley, City Ma er - Signed, sealed & delivered OWNER: 1 t�..•c•.'%P.�dsi^+i^�'x �w. t• in the presence of: RUSH HOLDINGS, INC. By w�. Witness David H. ush, Presi en Z Witness !i '- APPROVED FOR FORM AND CORRECTNESS: `w f of Y By: Frank C. Adler, t 'h^;-r `:*J+,q.,-� +�F 1 -y City Attorney STATE OF FLORIDA ) COUNTY OF BROWARD ) BEFORE ME, the undersigned officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared Commissioner, ROBERT F. FLATLEY, as as Mayor as Auditor Clerk of the City OF a DANIA ger and Florida municipal corporation, to me personally known and known to me to be the persons described in and who executed the foregoing instrument and who acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State - - last aforesaid this day of , 1990. Notary Public My commission expires: STATE OF FLORIDA ) COUNTY OF BROWARD ) BEFORE ME, the undersigned officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared DAVID H. RUSH, as President of RUSH HOLDINGS, INC. , a Florida corporation, to me personally known and known to me to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State -� - last aforesaid this y:` day of r-(-�,} 1990. Notary Public My commission expires: . _ NolApy l'_:'.'C StA I;OF M1 go'JO 4tf-'1. I. w.J� f�aytrr — 5 I EXHIBIT "A" J. LECAL DESCRIPTION 15757 Ravenswood Road) PARCEL A: The West 309 feet of the north 172.50 feet of Tract 2, Block 4, - Section 32, Township 50 south range 42 east, as recorded in _ Plat Book 2, page 32 of the Public Records of Dade County, Florida. Said Land now located in Broward County, Florida and containing 53,302 square feet (1.22364 acres) . PARCEL B: Tract 2 less the north 172.50 feet and less south 330 thereof, - Block 4, Section 32, Township 50 south Range 42 east, as recorded in Plat book 2, page 32, of the Public Records of Dade County, Florida. Said land now located in Broward County, Florida and containing 101,592 square feet (2.33223 acres) , less that portion for road right-of-way described in Official r Record Book 5679, Page 892, Public Records of Broward County, Ft Florida. PARCEL C: The North 172.50 feet less the West 309.00 feet thereof of Tract 2, Block 4, Section 32, Township 50 south, range 42 east, as recorded in Plat Book 2, page 32 of the Public Records of Dade County, Florida, less that portion for road right-of-way described in Official Record Book 5679, Page 892, Public Records of Broward County, Florida. Said land now located in Broward County, Florida and containing 52,602 square feet �•�'+' : ',, < -;�,` (1.2076 acres) . { i �M'JJ•`t-tiw',wa�3va"i 'r;c,�m.c.�.�.-;".. a PETITION FOR ANNEXATION - EXHIBIT "B" To the City Commission of the City of Dania, Florida. . . Sirs: This petition of the undersigned property owner(s) respectfully shows: (1) That this is an application for the annexation of the :. hereinbelow described cract(s) of land to the City of Dania, Florida. (2) That said territory adjoins said municipal corporation's boundaries. (3) That attached hereto and made a part hereof is a "Certi- ficate of Ownership" prepared by a licensed abstract firm in Broward County. (4) That attached hereto and made a part hereof is a eur:'e, of the hereinbelow described property prepared by an engineer or land surveyor licensed to do business in the State of Florida. (5) That the existing zoning on the subject property is LEGAL DESCRIPTION Petitioner(s) pray(s) that said territory be annexed to said City of Dania; and, accordingly has/have signed and presented this peti- ^ tion. _ :1 "v By: (Name) ( .4 . ,` . ((Address) (City) tare) (Zip Code) one Number) STATE OF FLORIDA ) COUNTY OF BROWARD Before me personally appeared to me well known and known to me to be c e person(s) described in and who executed the foregoing instrument, and acknowledged to and before me that _executed ' + said instrument for the purposes therein expressed. WITNESS my hand and official seal, this _day of 198_ My commission expires: Notary u C, tace o or da (Notary Seal) J