The URL can be used to link to this page

Home My WebLink AboutR-1989-016 f RESOLUTION NO. 16-89 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DANIA AND ROBERT & PAULETTA PIERCE ; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That that certain pre-annexation agreement by and between the City of Dania, Florida, and Robert & Pauletta Pierce, a true copy of which is attached hereto and made a part hereof as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby authorized and directed to execute same on behalf of the City. Section 2. That all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict. Section 3. This resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on the 28th day of February 1989. 12 �I O MAYOR - COMMTSSIONER ATTEST: / CITY CLERK-AUDITOR APPROVED FOR FORM AND CORRECTNESS BY: C _- Frank C. Adler, CITY ATTORNEY J PRE •ANNEXATION AGREEMENT This Pre-Annexation Agreement ( "Agreement" ) is made and entered into this day of , 198 , by and between the CITY OF DANIA, FLORIDA, a Florida municipal corporation, (hereinafter referred to as the "City" ) and ROBERT & PAULETTA PIERCE, and their heirs and/or assigns (hereinafter referred to as the "Owner" ) . RECITALS: WHEREAS, Owner holds fee simple title to the property as herein- after 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 ( the "Petition" ) , pursuant to Section 171. 044 (2 ) , Fla. Stat. ; and WHEREAS, Owner and the City believe that it is in their mutual best interests to initiate the process required by law to enable the property to be developed in accordance with the zoning uses (herein- after defined ) , and WHEREAS, The City finds the zoning uses sought by the Owner to be in the best interests of. the City and the Owner and has no objection to the zoning uses described herein which is sought by the Owner. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10. 00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the City agree as follows : 1 . Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference and made a part of this agreement. All exhibits to this agreement are hereby deemed to be a M part hereof. 2. Property. As used herein, the term "property" shall mean that certain parcel of real property situated in unincorporated Broward County, Florida, which is legally described and depicted 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 the City to annex the Property into the City pursuant to the Petition, by completion and submission of the form annexed hereby as Exhibit "B" . The City, upon the filing of the Petition, shall immediately initiate the process to and shall accomplish annexation of the Property into the City in the manner provided by Section 171 . 044 ( 2 ) , Fla. Stat . , and all other applicable state and local laws and regulations. 4. Zoning Use. Subsequent to annexation of the property into the City, Owner shall petition the City for a certification of zoning uses in order to permit the following uses of the property, if such a certification of zoning is necessary to permit such uses: 1 . Boarding of domestic animals to include any species, warm or cold blooded to include exotic pets (excluding species such as "wild" animals such as bears, lions , or those animals which require a Florida Department of Resources permit ) ; 2. Grooming of any species as described in #1 ; 3. Training of any species as described in #1 ; 4. Breeding of any species as described in #1 ; 5. Conducting dog/cat shows on premises ; 6. Retail sales of supplies and any species as described in 41 ; 7 . Provision for the inclusion of a residential dwelling on the property. The City shall expeditiously process Owner 's petition and shall grant the uses as set forth hereinabove . 5. Additional Conditions ; Covenants. A. 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. B. Cooperation. The City agrees that it will cooperate with the Owner in preparing Owner ' s presentation before the applicable governmental body in order to provide such governmental body with any and all information as such governmental body shall request. Similarly, the City Manager, the City Attorney and such other members of the City staff as are deemed to be appropriate shall appear before the applicable governmental body to support the Petition and the Variance. 6. Building Permit (s ) . The City covenants to timely process and issue building permit(s ) for the development of the Property consistent with this Agreement , provided the building permit application (s ) . and any accompanying plans and specifications , meet all of the City 's applicable building and zoning regulations . 7 . Miscellaneous . A. Entire Agreement. This Agreement sets forth all the �s 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 provisions 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 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, Florida. 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 Property, and this Agreement shall be binding upon and enforceable by Owner and the City, and their personal representatives, heirs, successors , grantees and assigns , in accordance with the terms hereof . J IN WITNESS WHEREOF, Owner and the City have executed this Agreement as of the day and year first above written. CITY: THE CITY OF DANIA, FLORIDA, a Florida municipal corporation. ATTEST: By: CHARLES K. McELYEA, as Mayor- CITY CLERK-AUDITOR Commissioner By: ROBERT FLATLEY, As City Manager Signed, Sealed and Delivered in the presence of: By : Witness as to Owners ROBERT PIERCE, Owner By: Witness as to Owners PAULETTA PIERCE, Owner 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, personally appeared Charles K. McElyea, as Mayor-Commissioner, Robert F. Flatley, as City Manager and Wanda Mullikin, as Auditor-Clerk of the CITY OF DANIA, a 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 same. WITNESS my hand and official seal in the State and County aforesaid this day of , 198_ Notary Public My commission expires: t� EXHIBIT "A' LEGAL DESCRIPTION FOR ROBERT & PAULETTA PIERCE Beginning at the Northwest corner of said Tract 12, thence run East 278. 35 feet along the North line thereof to the Point of Beginning; thence run South parallel with the West boundary line of said Tract 12 a distance of 340. 21 feet to the South boundary; thence run East 139. 18 along said South boundary ; thence run North parallel with the West boundary line of said Tract 12 a distance of 340. 21 feet to the North boundary line of said Tract ; thence run West 139. 18 feet to the Point of Beginning; less and except therefrom the North 25 feet for road right-of-way per Deed Book 783-337, Broward County Public Records . I J L�