HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-026Temp. Reso. No. 12624
April 8, 2015
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2015 - c�6
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE PARTIAL RELEASE OF
COVENANT AS TO AN APPROXIMATE 36,342 SQUARE FEET OF
PROPERTY KNOWN AS THE DENNY'S AT TIDAN PLAZA LOCATED
AT 5710 NORTH UNIVERSITY DRIVE 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
PROVIDING FOR AN EFFECTIVE DATE.
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. 12624
April 8, 2015
Page 2 of 4
WHEREAS, Owner desires to subdivide Parcel B 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 "Denny's at Tidan
Plaza" from the obligations set forth in paragraph 1 of the Covenant; and
WHEREAS, notwithstanding
the subdivision and creation
of
an outparcel, for
property development regulation
purposes, the Property shall
be
treated as one
cohesive site without regard to any individual 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.
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
Temp. Reso. No. 12624
April 8, 2015
Page 3 of 4
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 jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Section 6.
and adoption.
This Resolution shall become effective immediately upon its passage
Temp. Reso. No. 12624
April 8, 2015
Page 4 of 4
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS DAY OF a4MJ , 2015.
CITY OF TAMARAC FLORIDA
HARRY D
MAYOR
ATTEST:
PATRICIATEUF
CITY CLERK
SLER,
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: V/M BUSHNELL
DIST 2: COMM GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
SAMtfEL S. GOREN,
CITY ATTORNEY
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Prepared By:
Goren, Sheroff, Doody &Enrol, P.A.
3099 Commercial Boulevard East
Suite 200
Ft. Lauderdale, FL 33308
Record & Return to:
Gary S. Dunay, Esq.
Dunay, Miskel and Backman, LLP
14 S.E. 4" Street, #3 6
Boca Raton, FL 33432
PARTIAL RELEASE OF COVENANT
This Partial Release of Covenant("Partial Rele e" is made as of thi o2 d of A rilRelease") s� day April,
2015 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
(&CCity
»)
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, Owners agreed to:
1. In lieu of securing a variance for the setback encroachment of 1' -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 encroachment of the 1'-8" in the southerly set-
back 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 B to create an outparcel and sell a
portion to be held under separate ownership, as more particularly described on Exhibit "B"
U:1WpDocs\Big LotslPartial Release of Covenant
attached hereto ("Outparcel"); 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 Commission on April 22, 2015,
during which the Commission adopted Resolution No. 2015-26 ("Resolution"), a copy of which
is attached as Exhibit "C"; and
WHEREAS, the Resolution approved a Partial Release of the Covenant 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,
at 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 construed 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.
U:\WpDocs\Big Lots\Partial Release of Covenant
In Witness Of:
itr�ss # 1 Si
"s&r..-, D .
ture
r 'h-s b•-._
Witness #2 Signature
..��-
Witness #2 Printed Name
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.
Dough M. MacMahon, Manager
STATE OF jl��
COUNTY OF Q&LLJ�6
f.h dase� 2015 b
The foregoing instrument was acknowledged before me this � da o ,
g g g Y Y
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 produced a driver's license as
identification.
Andrea J McLeod
My Commission Expires
11/29/2015
CITY OF TAMARAC APPROVAL:
APPROVED AS TO FORM:
X al
Goren, City Attorney
of
U:\WpDocs\Big Lots\Partial Release of Covenant
Instrument Prepared By
and Return to:
(name and address of attorney
Preparing document)
DECLARATION OF UNITY OF CONTROL
TUTC nUOT AD 0 TTn'NT (11P T TINTTTV (1F CC)'MTR OT . (" nPoI nrnti nn") i p, m qdp thi q ;; da.v
of &r' ' j , 20 IS. 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: 19-SP-14 Site Plan approved by the City of
Tamarac, Florida, on , 2015, a copy of which is attached hereto as Exhibit "C."
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. 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.
D. 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:
100068781.12704-0501640 1 1
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 April 2015 by RM Tamarac Plaza, LP, a
Texas limited partnership:
a. 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.
c. 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.
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.
(00068781.12704-05016401 2
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.
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
(00068781.12704-0501640 1 3
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 written.
DECLARANT
Signed, sealed, executed and acknowledged on this day of ,
20
Witnesses: Owner
Printed Name:
BY:
TITLE:
Printed Name:
(00068781.12704-0501640 1 4
EXHIBIT A
Legal Description
(00068781.12704-0501640 1 5
EXHIBIT B
Legal Description
{00068781.12704-0501640 ) 6
EXHIBIT C
Site Flan
l00068781.12704-0501640 1 7
CONSENT OF LENDER
The undersigned ("Lender"), being the present holder of the certain Mortgage DEED and
Security Agreement dated and recorded on in the records of Palm Beach
County, Florida in O.R. Book and Page (the "Mortgage") affecting the real
property of 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:
Lender
By:
Name:
Title:
STATE OF )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20 , by , as
on behalf of the
Partnership, ( ) who is personally known to me; or ( ) who produced , as
identification.
Signature of Notary
Printed Notary Name
My commission expires:
(00068781.12704-05016401 8