HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-006Temp. Reso. No. 13220
December 18, 2018
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO.2019 - 0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE PARTIAL RELEASE OF
COVENANT AS TO AN APPROXIMATE 16,580 SQUARE FEET OF
PROPERTY KNOWN AS THE KFC AT THE SHOPPES AT UNIVERSITY
LOCATED AT 7556 N.W. 58TH STREET AS MORE PARTICULARLY
DESCRIBED IN THE PARTIAL RELEASE OF COVENANT ATTACHED
HERETO AS EXHIBIT "1"'AND INCORPORATED HEREIN, TO PROVIDE
FOR THE FUTURE SALE AND SUBDIVISION OF AN OUTPARCEL IN
ACCORDANCE WITH THE COMPREHENSIVE PLAN OF THE CITY;
PROVIDING FOR CONFLICTS: PROVIDING FOR SEVERABILITY: AND
WHEREAS, RM Tamarac Plaza, LP, a Texas limited partnership ("Owner') holds
fee simple title to that certain real property described as Parcels "B" and "C" of the
Mainlands of Tamarac Lakes Ninth Section as more particularly described on Exhibit "A"
attached hereto and incorporated herein (collectively, "Property"); and
WHEREAS, a Covenant in favor of the City of Tamarac, dated April 13, 1977 was
recorded on April 21, 1977, in Official Records Book 6995, Page 641 of the Public
Records of Broward County, Florida ("Covenant") which placed certain restrictions and
conditions on the Property; and
WHEREAS, pursuant to paragraph 1 of the Covenant, Owner agreed to secure a
variance for the setback encroachment of 1'-8" in the southerly set -back area of Parcel
"C" and maintain ownership of both parcels; and
Temp. Reso. No. 13220
December 18, 2018
Page 2 of 4
WHEREAS, Owner desires to subdivide Parcel C to create an outparcel and sell
a portion to be held under separate ownership, as more particularly described on Exhibit
"B" attached hereto ("Outparcel"); and
WHEREAS, Owner desires to secure approval of the City Commission to release
that portion of the Property listed on Exhibit "B" and known as the "KFC at The Shoppes
at University" from the obligation of "single ownership" set forth in paragraph 1 of the
Covenant; and
WHEREAS, notwithstanding the subdivision and creation of an outparcel, for
separate sale and redevelopment purposes, the Property shall be treated as one
cohesive site without regard to any individual ownership or parcels that might be created
via subdivision; and
NOW, THEREFORE, be it resolved by the City Commission of the City of
Tamarac, Florida:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All exhibits attached hereto are incorporated herein and made a specific part
thereof.
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Temp. Reso. No. 13220
December 18, 2018
Page 3 of 4
Section 2. The City Commission hereby approves the Partial Release of
Covenant, which is attached hereto as Exhibit "I". All development regulation shall be
applicable to the overall Property and individually subdivided parcels, regardless of
ownership, and not individually required to meet property development regulations in
accordance with the Declaration of Unity of Control attached hereto as Exhibit "2".
Section 3. The City Commission hereby further authorizes and directs the City
Manager, or his designee, to take any and all action necessary to effectuate the intent of
this resolution, including the recording of the Partial Release of Covenant in the public
records of Broward County.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdicton to be unconstitutional or invalid, in part or application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
Section6. This Resolution shall become effective immediately upon its passage
and adoption.
Temp. Reso. No. 13220
December 18, 2018
Page 4 of 4
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA
THIS DAY OF 20X q
CITY OF TAMARAC FLORIDA
M16OLLLE JfGOMEZ,
MAYOR
ATTEST:
PATRICIA TEUFEL, C
CITY CLERK RECORD OF COMMISSION VOTE.
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2.- COMM. GELIN
DIST 3: COMM- FISHMAN
DIST 4: V/M. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
A L
LA-
SAMttr-L S. GORENJI
CITY ATTORNEY
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SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS, INC.
J.S 5381 NOB HILL ROAD P`s
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777.FAX: (954) 572-1778
E—MAIL: surveys®pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870
LEGAL DESCRIPTION: PARCEL C OUTPARCEL
A PORTION OF PARCEL C, "THE MAINLANDS OF TAMARAC LAKES NINTH SECTION", ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 67, PAGE 48, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID PARCEL C; THENCE SOUTH 00'00'16" EAST ON THE EAST LINE OF SAID
PARCEL C 100.01 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL C; THENCE NORTH 89'01'23" WEST ON THE
SOUTH LINE OF SAID PARCEL C 169.03 FEET; THENCE ON THE EAST BOUNDARY OF RIGHT-OF-WAY PARCEL NO. 1
RECORDED IN OFFICIAL RECORDS BOOK 7504, PAGE 428, OF SAID PUBLIC RECORDS, THE FOLLOWING 2 COURSES AND
DISTANCES: 1) NORTH 00'00'56" WEST, ON A LINE LYING 7.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF
SAID PARCEL C, 74.57 FEET; 2) NORTH 45'28'50" EAST 35.66 FEET TO THE INTERSECTION WITH THE NORTH LINE OF
SAID PARCEL C, ALSO BEING THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 58TH STREET;
THENCE SOUTH 89'01'23" EAST ON SAID NORTH LINE AND ON SAID SOUTH RIGHT-OF-WAY LINE 143.61 FEET TO THE
POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAINING
16,580 SQUARE FEET, 0.3806 ACRES.
PARCEL A
1
2 3 4 5
6 7 8 9 10 11
12
55
24
2 22 21 20
19 18 17 6 15 14
13
NW
p� C 1 2 3 4 5 6 7 8 9 10 11
12
13 W
14 Z
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THE MAIN LN (ND5 T ,%RAC LAKES
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PLAT BOOS 7,i1PACE 48
818"
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19 3
20 Z
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22
N W 57TH STREET
LOCATION MAP
NOT TO SCALE
NOTES:
1) BEARINGS ARE BASED ON THE SOUTH LINE OF PARCEL "C" BEING S89'01'23"E.
2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY.
3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
FILE: RM TAMARAC PLAZA, LP
SCALE: N/A I DRAWN BY: B.E.
ORDER NO.: 59013D
DATE:05/05/15 1
'ZCEL C OUTPARCEL
JARAC, BROWARD COUNTY, FLORIDA
FOR: TIDAN PLAZA
SHEET- 1 OF c /�r,IS DOCUMENT IS NEITHER FULL NOR
COMPLETE WITHOUT SHEETS 1 AND 2
Q JOHN F. POLICE/ "FKOFESSONAL SURVEYOR AND MAPPER LS2691
ElBETH B�JS, PROFESSIONAL SURVEYOR AND MAPPER LS6136
STATE OF FLORIDA
'EXHIBIT B
SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS, INC.
PLs 5381 NOB HILL ROAD
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777•FAX: (954) 572-1778
E—MAIL: surveysgpulicelcndsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870
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PARCEL A i I LOT 24
BLOCK 155
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• _ NW 58TH STREET
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j _ S89001'23"E 143.61' N RIGHT—OF_WAY LINE —
PARCELNC POINT OF-' ''
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SOUTH LINE PARCEL C PARCEL C I
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NORTH LINE PARCEL B
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R EASEMENT__
LOT 1
BLOCK 154
5' WALL EASEMENT
PLAT BOOK 67, PAGE 48
S00°00'16"E 100.01'
-5' U770Y & D2MAGE
AT BOOK 67, PAGE 48
�5' WALL EASEMENT
PLAT BOOK 67, PAGE:48
--------------
--t------------------------3N89°01'23"W 169,03' L--- --
------------------
r----------L--r)L ---------+------ --------------------
12' WATER AENT `------ -- ----------------
l O.R.B. 7504, PAGE 428 12' SEWER EASEMENT
I-T�iPARCEL NO. 1 O.R.B. 7504, PAGE 428
N— O.R.B. 16456, PAGE 727
-WEST LINE PARCEL B
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>, ;—�_ 12' WATER EASEMENT
O.R.8. 7504, PAGE 428
FILE: RM TAMARAC PLAZA, LP
SCALE: 1"=50' 1 DRAWN BY: B.E.
ORDER NO.: 59013D
DATE: 05/05/15
PARCEL C OUTPARCEL
TAMARAC, BROWARD COUNTY, FLORIDA
FOR: TIDAN PLAZA
PARCEL B
"TH E MAI N LAN DS OF TAMARAC LAKES
NINTH SECTION"
PLAT BOOK 67, PAGE 48
SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR
COMPLETE WITHOUT SHEETS 1 AND 2
LEGEND:
IZ CENTERLINE
FPL FLORIDA POWER & LIGHT
O.R.B. OFFICIAL RECORDS BOOK
Prepared By:
Dunay, Miskel & Backman, LLP
14 SE 41h Street, Suite 36
Boca Raton, FL 33432
Record & Return to:
Christina Bilenki, Esq.
Dunay, Miskel & Backman, LLP
14 SE 4th Street, Suite 36
Boca Raton, FL 33432
PARTIAL RELEASE OF COVENANT
This Partial Release of Covenant ("Partial Release") is made as of this 2 day of
2019 by and between RM Tamarac Plaza, LP, a Texas limited partnership
("Owner") in favor of the City of Tamarac, Broward County, Florida, a political subdivision of the
State of Florida ("City").
WHEREAS, Owner holds fee simple title to that certain real property described as Parcels
"B" and "C" of the Mainlands of Tamarac Lakes Ninth Section as more particularly described on
Exhibit "A" attached hereto and incorporated herein (collectively, "Property"); and
WHEREAS, a Covenant dated April 13, 1977 was recorded on April 21, 1977, in Official
Records Book 6995, Page 641 of the Public Records of Broward County, Florida ("Covenant")
which placed certain restrictions and conditions on the Property; and
WHEREAS, pursuant to the Covenant, Owner agreed to:
1. In lieu of securing a variance for the setback encroachment of V-8" in the
southerly set -back area of Parcel "C", the Owners agree that both said Parcels
are and shall remain under one ownership and that the sale of one Parcel shall
include the sale of the other Parcel. This Covenant shall be in perpetuity and
shall run with the land.
2. If a variance is secured by the then Owners of said Parcels, such variance
allowing and authorizing the V-8" in the southerly setback area of Parcel "C",
the City Council of the City of Tamarac does hereby agree to the release of this
Covenant.
WHEREAS, Owner desires to subdivide Parcel C to create an outparcel and sell a portion
to be held under separate ownership, as more particularly described on Exhibit "B" attached
hereto ("Outparcel"); and
WHEREAS, a public hearing was held before the City Commission on October 23, 2018 for
approval of a Major Revised Site Plan to redevelop the Property and demolish the existing
building on Parcel "C" in accordance with the approved plans and related variance applications;
and
WHEREAS, Owner desires to secure approval of the City Commission and also desires to
obtain a partial release of that portion of the Property listed on Exhibit "B" from the obligations
set forth in paragraph 1 of the Covenant; and
WHEREAS, a public hearing was held before the City Commissio on J�ti�r4 -0
201; during which the Commission adopted Resolution No.
("Resolution"), a copy of which is attached as Exhibit "C"; and
WHEREAS, the Resolution approved a Partial Release of the Covenant subject to a
Declaration of Unity of Control Agreement with respect to the portion of the Property listed on
Exhibit "B".
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. This Partial Release shall apply only to the real property described in Exhibit "B"
attached hereto.
3. The remainder of the Property originally described in Exhibit "A" attached hereto shall
remain bound by and subject to the terms of the Covenant.
4. This Partial Release shall be recorded in the Public Records of Broward County, as the
Owner's expense within thirty (30) days of its acceptance by the City. The City Clerk
shall be provided with a recorded copy of the Partial Release of Covenant.
5. This Partial Release shall be constructed and governed in accordance with laws of the
State of Florida. In the event of any litigation hereunder, the venue for any such
litigation shall be in Broward County, Florida.
IN WITNESS WHEREOF, the undersigned have executed this Partial Release of Covenant
as of the day and year set forth above.
Signed, sealed, exe d and acknowledged on this 15- day of 73a,,�,,�,� � , 20. A_.
Witne e Owner:
RM Tamarac Plaza, LP a "Texas limited
partnership authorized to do business in
Florida.
Printed Name I
By: Tamarac 1871, LLC, a Florida
Limited liability company, its General
Partner
By:
Dougla . MacMahon, Manager
Pr d Name:'Sp�r� Qsa.�e•�
STATE OF—'(7 .�
COUNTY OF
The foregoing instrument was acknowledged before me this T K day of
7
�2019 by Douglas M. MacMahon, Manager of Tamarac 1871, LLC, a Florida limited liability
company, the General Partner of RM Tamarac Plaza, LP, a Texas limited partnership authorized
to do business in Florida, who is personally known to me or who produces a driver's license as
identification.
GEORGE CAMERON WOMACK LEJEUNE
Notary ID #131813812
My Commission Expires
,F oe tE� December 3, 2022
CITY OF TAMARAC APPROVAL:
APPROVED AS TO FORM
/q, /
Sam Goren, Cit :Attorney
Notary Public
Exhibit "A"
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Exhibit "B"
SKETCH AND LEGAL DESCRIPTION
BY
POLICE LAND SURVEYORS, INC.
P�.$ 5381 NOB HILL ROAD
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777•FAX: (954) 572-1778
E—MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION 1-8#3870
LEGAL DESCRIPTION: PARCEL C OUTPARCEL
A PORTION OF PARCEL C, "THE MAINLANDS OF TAMARAC LAKES NINTH SECTION", ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 67, PAGE 48, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID PARCEL C; THENCE SOUTH 00'00'16" EAST ON THE EAST LINE OF SAID
PARCEL C 100.01 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL C; THENCE NORTH 89'01'23" WEST ON THE
SOUTH LINE OF SAID PARCEL C 169.03 FEET; THENCE ON THE EAST BOUNDARY OF RIGHT—OF—WAY PARCEL NO. 1
RECORDED IN OFFICIAL RECORDS BOOK 7504, PAGE 428, OF SAID PUBLIC RECORDS, THE FOLLOWING 2 COURSES AND
DISTANCES: 1) NORTH 00'00'56" WEST, ON A LINE LYING 7.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF
SAID PARCEL C, 74.57 FEET; 2) NORTH 45'28'50" EAST 35.66 FEET TO THE INTERSECTION WITH THE NORTH LINE OF
SAID PARCEL C, ALSO BEING THE INTERSECTION WITH THE SOUTH RIGHT—OF—WAY LINE OF NORTHWEST 58TH STREET;
THENCE SOUTH 89'01'23" EAST ON SAID NORTH LINE AND ON SAID SOUTH RIGHT—OF—WAY LINE 143.61 FEET TO THE
POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAINING
16,580 SQUARE FEET, 0.3806 ACRES.
1
2 3 4 5 6 7 8 9 10 11
12
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55
24
23 22 21 20
19 18
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NW 57TH STREET
LOCATION MAP
NOT TO SCALE
NOTES:
1) BEARINGS ARE BASED ON THE SOUTH LINE OF PARCEL "C" BEING S89'01'23"E.
2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY.
3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
FILE: RM TAMARAC PLAZA LP
' SHEET � OF � HIS DOCUMENT IS NEITHER FULL NOR
SCALE: N/A DRAWN BY: B.E. -'� COMPLETE WITHOUT SHEETS 1 AND 2
ORDER NO.: 59013D
DATE: 05/05/15
PARCEL C OUTPARCEL
TAMARAC, BROWARD COUNTY, FLORIDA
FOR: TIDAN PLAZA
CT JOHN F. P50CE, PKOFESSIONAL SURVEYOR AND MAPPER LS2691
❑ BETH B),lf`tNS, VPOFESSIONAL SURVEYOR AND MAPPER LS6136
STATE OF FLORIDA
SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS, INC.
PL$ 1 5381 NOB HILL ROAD p�
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777.FAX: (954) 572-1778
E—MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION 1-13#3870
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PARCEL A
_ NW 58TH STREET
oo -— N45°2 - , _
I F 8 50 E 35.66 0
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PLAT BOOK 67, PAGE 48
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1 LOT 24
BLOCK 155
I1
,_,RIGHT-OF-WAY LINE
6-42' SEWER EASEMENT
O.R.B. 7504, PAGE 428
LOT 1
BLOCK 154
°LAT BOOK 67, PAGE 48 !
S00°00'16"E 100.01'
M & DRAINAGE
° ' O.R.B. 7504, PAGE 428 a I ENT
PLAT BOOK 67, PAGE 48
I O 7' WATER EASEMENT 5' WALL EASEMENT
O' O.R.B. 7504, PAGE 428 SE CORNER I I I PLAT BOOK 67, PAGE 48
L_ Z SOUTH LINE PARCEL C PARCEL C I L- ---------------------
NORTH LINE PARCEL B I
60' L------------------L ------
N89°01'23"W 169.03' -----+--r-------------------------
L--- --------------------
---------Z_f------- -----------
45'
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12' WATER EASEMENT `------ -- ----------------
O.R.B. 7504, PAGE 428 12' SEWER EASEMENT
PARCEL NO. 1 O.R.B. 7504, PAGE 428
O.R.B. 16456, PAGE 727
WEST LINE PARCEL 8
.I
WATER EASEMENT
O.R.B.O.7504, PAGE 428
I
PARCEL B N
"THE MAINLANDS OF TAMARAC LAKES
NINTH SECTION"
PLAT BOOK 67, PAGE 48
FILE: RM TAMARAC PLAZA, LP
SCALE: 1"=50' 1 DRAWN BY: B.E.
ORDER NO.: 59013D ■
DATE:05/05/15 ■
PARCEL OUTPARCEL
TAMARAC, BROWARD COUNTY, FLORIDA
FOR: TIDAN PLAZA
SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR
COMPLETE WITHOUT SHEETS 1 AND 2
LEGEND:
¢. CENTERLINE
FPL FLORIDA POWER & LIGHT
O.R.B. OFFICIAL RECORDS BOOK
Instrument Prepared By
and Return to:
Christina Bilenki, Esq.
Dunay, Miskel & Backman, LLP
14 SE 41" Street, Suite 36
Boca Raton, FL 33432
(name and address of attorney
Preparing document)
DECLARATION OF UNITY OF CONTROL
THIS DECLARATION OF UNITY OF CONTROL ("Declaration") is made this 7%-day
of 'S,r,�.,�,H,.,,� 2019, by RM TAMARAC PLAZA, LP, a Texas limited partnership, their
successors and assigns (collectively referred to as the "Declarant"), whose mailing address is 8214
Westchester Drive, Suite 550, Dallas, TX 75225, in favor of the City of Tamarac, a Florida municipal
corporation ("City").
RECITALS:
A. The Declarant is the owner of two separate properties in the City of Tamarac,
Florida each such parcels more particularly described and singularly described by the legal
descriptions as contained on Exhibit "A" and Exhibit "B," attached hereto (collectively the
"Properties" and singular as the "Property"), which Properties are intended to be developed in
accordance with the following zoning approval: Site Plan, a copy of which is attached
hereto as Exhibit "C" approved by the City of Tamarac, Florida, on 201_
B. The Declarant has agreed with the City that, for the proper development of the
Properties, the Declarant shall provide for mutual and reciprocal easements and rights -of -way, for
the purpose of ingress and egress, parking, drainage and utilities of whatsoever nature located with
the Properties, the enjoyment of which cross easements shall be shared by the respective parties
owning any portion of either Property and their respective heirs, successors, assigns and successors
in title to all or part of either Property and to the tenants, lessees, agents, employees, guests and
invitees of any owner of the either Property or any portion thereof and guest and invitees or tenants
and lessees legally occupying either Property.
C. Each parcel owner is responsible to operate and maintain their subject parcel as
further described in the Declaration of Reciprocal Easement Agreement with Covenants, Conditions
and Restrictions as recorded in Instrument # 112975492 of the public records of Broward County,
Florida, as may be amended from time to time.
D. It is in the best interest of the health, safety, and welfare of the City's residents and
businesses to insure that there is safe and efficient traffic circulation on the road and driveway system
adjacent to and within the Properties, and the establishment of common drainage and utilities
through the establishment of this Unity of Control that covers the Properties.
M0068781.1 2704-05016401
E. The City of Tamarac is a direct, third party beneficiary to this Declaration.
NOW, THEREFORE, in consideration of the grants and agreements herein made an in
consideration of Ten and 00/100 Dollars ($10.00) in hand paid, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledge, the Declarant hereby
subject the Properties to the following restrictions:
1. Recitals. The foregoing recitals are incorporated herein by reference as though set forth
in detail in this place.
2. Unified Control. All structures, uses and parking areas on the Properties are and will be
part of a single unified planned development, regardless of ownership. In furtherance of
the foregoing, the Properties shall be developed in accordance with the Site Plan attached
to this Declaration as Exhibit "C," and shall meet the land development requirements as
if they are one lot.
3. Easements. The Declarants hereby dedicate, grant and establish for the benefit of the
Properties, and the owners of any portion thereof (as well as their employees, agents,
guests, invitees, mortgages, tenants, lessees, subtenants, licenses, heirs, successors and
assigns) the following reciprocal easements, covenants, conditions and restrictions as
further outlined in the Declaration of Reciprocal Easement Agreement with Covenants,
Conditions and Restrictions dated May 4, 2015 by RM Tamarac Plaza, LP, a Texas
limited partnership:
A non-exclusive easement for the right-of-way of pedestrians and vehicular
ingress and egress over on and across the areas within the Properties constituting
driveways and roadways, as shown on the Site Plan.
b. A non-exclusive easement for the parking of vehicles over, on and across areas
within the Properties constituting parking areas.
A non-exclusive easement over, above and across the Properties for the discharge,
drainage, use, detention and retention of storm water runoff pursuant to the
approved drainage plans.
d. A non-exclusive easement for the installation, operation and maintenance of
utilities necessary to serve all portions of the Properties, including, but not limited
to, the right to install, maintain, use, repair and replace underground pipes, ducts,
conduits and cables and necessary to transmit and distribute electricity, gas,
water, sewer, cable television, drainage, telephone, lighting and other utilities and
common public services under such present and future areas of the Properties
constituting parking areas, driveways and roadways, as shown on the Site Plan,
and through the other portions of the Properties which specifically provide for
and contain such utility lines, provided the same does not materially interfere with
the use and enjoyment of any portion of the Properties.
M0068781.1 2704-0501640 V
e. A non-exclusive easement for the surface water management and drainage
necessary to serve all portions of the Properties over, under and across such areas
within the Properties constituting parking areas, driveways and roadways, as
shown on the Site Plan which specifically provide for and contain surface water
management and drainage facilities, provided the same does not materially
interfere with the use and enjoyment of any portion of the Properties.
f. The owners of the Properties shall provide for the perpetual operation and
maintenance of all shared/common facilities, and improvements, which are not
provided, operated or maintained at public expense.
4. Covenants Run with the Land. All of the covenants, easements, and restrictions herein
will be perpetual and will constitute covenants running with the land, will be binding
upon any and all persons and entities, their respective successors in interest, assigns, heirs
and personal representatives having or hereafter acquiring any right, title or interest in
and to all or any portion of the Properties, and all benefits deriving therefrom will accrue
to the benefits of all persons and entities, their respective successors in interest, tenants,
licensees, assigns, heirs and personal representatives having or hereafter acquiring any
right title or interest in all or any portion of the Properties.
5. Modification and Termination. This Declaration may not be terminated or modified in
any way except by means of an instrument executed by the owner(s) of the Properties
after the prior written consent of the City of Tamarac.
6. Owner's Restrictions. No owner of any portion of the Properties shall take or fail to take
any action or do or fail to do anything which would, or have the effect of, impeding,
obstructing or preventing any other person or entity having rights under this Declaration
from their full and complete use and enjoyment of the easements herein granted. Without
limiting the generality of the foregoing, free and full access to, from and across all
portions of the Properties which constitute parking areas, driveways, and roadways on
the Site Plan shall not be blocked, obstructed or impeded.
7. Miscellaneous.
a. Each covenant in the Declaration is an independent and separate covenant. If any
term or provision of the Declaration or the application thereof, to any person or
circumstance should to any extent be invalid or unenforceable, the Remainder of
the Declaration and application of such term or provision to persons or
circumstances other than those to which it is held invalid or unenforceable will
not be affected thereby, and each term and provision of this Declaration will be
valid enforceable to the fullest extent permitted by law.
b. This covenant shall be recorded in the Public Records of Broward County Florida.
c. Failure of any party to insist upon or enforce its rights under this Declaration will
not constitute a waiver of such rights.
(00068781.1 2704-05016401 3
written.
d. This Declaration and the rights created hereby, including, but not limited to, the
cross easement shall be paramount and superior to all leases, conveyances,
transfers, assignments, contracts, mortgages, deeds of trust and other
encumbrances affecting the Property, from and after the date of recording of the
Declaration. Any person acquiring possession to, title of, or interest in the
Property or any portion thereof shall do so subject to this Declaration. Any
transferee of any interest in any portion of the Property by any means whatsoever
shall be deemed, by acceptance of such interest, to have agreed to be bound by
all of the provisions of this Declaration.
e. Third Party beneficiary City of Tamarac has the right to enforce the Declaration
through legal, equitable or administrative proceedings.
f. Venue for any legal proceeding regarding this Declaration shall be in Broward
County, Florida.
IN WITNESS WHEREOF, this instrument is executed on the day and year first above
[Remainder of Page Intentionally Left Blank]
(00068781.1 2704-0501640 l 4
DECLARANT
Signed, sued, executed and acknowledged on this - L" day of , 20_V4,.
Wi
Printed Name:
Printed Name:S&y-,
STATE OF
COUNTY OF
Owner:
RM Tamarac Plaza, LP a Texas limited
partnership authorized to do business in
Florida.
By: Tamarac 1871, LLC, a Florida
Limited liability company, its General
Partner
By:
Dougla M. MacMahon, Manager
The foregoing instrument was acknowledged before me this % day of%
2019 by Douglas M. MacMahon, Manager of Tamarac 1871, LLC, a Florida limited liability company,
the General Partner of RM Tamarac Plaza, LP, a Texas limited partnership authorized to do business
in Florida, who is personally known to me or who produces a driver's license as identification.
o`�"Y "�e� GEORGE CAMERON WOMACN LEJEUNE
Notary ID #131813812
My Commission Expires
rfor �+ December 3, 2022
Notary Public
(00068781.12704-05016401
CONSENT OF LENDER
The undersigned ("Lender"), being the present holder of that certain (i) Mortgage - Security
Agreement and Financing Statement dated May 7, 2014, and recorded on May 9, 2014, in the
records of Broward County, Florida in O.R. Book 50766 and Page 1823 and (ii) Mortgage -
Security Agreement and Financing Statement dated May 7, 2018, and recorded on June 11, 2018,
in the records of Broward County, Florida in under Instrument No. 115129472 (collectively, as
amended, modified, renewed and extended, the "Mortgage") affecting the real property of RM
Tamarac Plaza, LP, a Texas limited partnership, hereby consents to the Declaration of Unity of
Control ("Declaration").
Lender is executing this document solely to provide its consent to the Declaration as lender
only and not as an agent, joint venturer or partner of any of the other parties hereto. The consent
granted herein is expressly limited to the Declaration and shall not be deemed consent to or as a
waiver of any other conditions or requirements in the mortgage or any other documents pertaining
to the loan held by the Lender.
Dated: January / Y , 2019.
STATE OF TEXAS )
)SS.
COUNTY OF DALLAS )
Lender:
FROST BANK, a Texas state bank
By:
Or-
Nami;e:
Title:
The foregoing instrument was acknowledged before this day of January 2019, by
\4ti1r a- 5y r srl— , as 71. on
behalf of Frost Bank, a Texas state bank, o is personally known to me; or ( ) who produced
as identification.
* * ATE OF TEXAS
Comm. Exp. 0210~V"
IDS 11Jt6M6
WVVVVVVVWVV____J
Lr r. r
NECIA J SKINNER
Notary Public
* STATE OF TEXAS
My Comm. Exp. 02100f�21
IDS 117ii40
gnatVe of Notary
CAA
Printed Notary Name
My commission expires: A zo
EXHIBIT A
Legal Description
{00068781.1 2704-0501640 )
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EXHIBIT B
Legal Description
(00068781.1 2704-OS01640 }
EXHIBIT B
SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS, INC.
5381 NOB HILL ROAD
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777-FAX: (954) 572-1778
E—MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870
LEGAL DESCRIPTION: PARCEL C OUTPARCEL
A PORTION OF PARCEL C, "THE MAINLANDS OF TAMARAC LAKES NINTH SECTION", ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 67, PAGE 48, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID PARCEL C; THENCE SOUTH 00'00'16" EAST ON THE EAST LINE OF SAID
PARCEL C 100.01 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL C; THENCE NORTH 89'01'23" WEST ON THE
SOUTH LINE OF SAID PARCEL C 169.03 FEET; THENCE ON THE EAST BOUNDARY OF RIGHT—OF—WAY PARCEL NO. 1
RECORDED IN OFFICIAL RECORDS BOOK 7504, PAGE 428, OF SAID PUBLIC RECORDS, THE FOLLOWING 2 COURSES AND
DISTANCES: 1) NORTH 00'00'56" WEST, ON A LINE LYING 7.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF
SAID PARCEL C, 74.57 FEET; 2) NORTH 45'28'50" EAST 35.66 FEET TO THE INTERSECTION WITH THE NORTH LINE OF
SAID PARCEL C, ALSO BEING THE INTERSECTION WITH THE SOUTH RIGHT—OF—WAY LINE OF NORTHWEST 58TH STREET;
THENCE SOUTH 89"01'23" EAST ON SAID NORTH LINE AND ON SAID SOUTH RIGHT—OF—WAY LINE 143.61 FEET TO THE
POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAINING
16,580 SQUARE FEET, 0.3806 ACRES.
1
2 3 4 3
6 7 8 9 10 11
12
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2 22
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LOCATION MAP
NOT TO SCALE
NOTES:
1) BEARINGS ARE BASED ON THE SOUTH LINE OF PARCEL "C" BEING S89'01'23"E.
2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY.
3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
FILE: RM TAMARAC PLAZA, LP - HIS DOCUMENT IS NEITHER FULL NOR
SHEET 1 OF 2" COMPLETE WITHOUT SHEETS 1 AND 2
SCALE: N/A DRAWN BY: B.E.-T
ORDER NO.: 59013D
DATE: 05/05/15
PARCEL C OUTPARCEL
TAMARAC, BROWARD COUNTY, FLORIDA
FOR: TIDAN PLAZA
Er JOHN F. POLICE, WFOFESSIONAL SURVEYOR AND MAPPER LS2691
D BETH BjANS, VROFESSIONAL SURVEYOR AND MAPPER LS6136
STATE OF FLORIDA
SKETCH AND LEGAL DESCRIPTION
BY
POLICE LAND SURVEYORS, INC.
5381 NOB HILL ROAD pL$
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777-FAX: (954) 572-1778
E—MAIL: surveys®pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870
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N45028'50"E 35.66'
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BEGINNING
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LOT 24
BLOCK 155
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LOT 1
BLOCK 154
5' WALL EASEMENT
PLAT BOOK 67, PAGE 48
S00000'16"E 100.01'
FASMENT & DRAINAGE
PLAT BOOK 67, PAGE 48:
O O.R.B. 7504, PAGE 428 SE CORNER I 1 i I 5' WALL EASEMENT
I 1 I PLAT BOOK 67, PAGE.48
Z SOUTH LINE PARCEL C PARCEL C 1 - ------------- --------
NORTH LINE PARCEL B I
60' L-------------------- ------
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N89°01'23"W 169.03'
L--- --------------------
---------Z_1------- -----------
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I O.R.B. 7504, PAGE 428 12' SEWER EASEMENT I
? ___O.R.B.
NO. 1 O.R.B. 7504, PAGE 428
7r O.R.B. 16456, PAGE 727
;T LINE PARCEL B
12' WATER EASEMENT
O.R.B. 7504, PAGE 428
PARCEL B N
"THE MAINLANDS OF TAMARAC LAKES
NINTH SECTION"
PLAT BOOK 67, PAGE 48
FILE: RM TAMARAC PLAZA, LP
SCALE: 1"=50' 1 DRAWN BY: B.E.
ORDER NO.: 59013D
DATE: 05/05/ 15
PARCEL C OUTPARCEL
TAMARAC, BROWARD COUNTY, FLORIDA
FOR: TIDAN PLAZA
SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR
COMPLETE WITHOUT SHEETS 1 AND 2
LEGEND:
Q_ CENTERLINE
FPL FLORIDA POWER & LIGHT
O.R.B. OFFICIAL RECORDS BOOK
EXHIBIT C
Site Plan
(00068781.1 2704-05016401
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