HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-055P
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March 24, 2002 - Temp Reso #10380
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004-615'�
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,;
ACCEPTING A DECLARATION OF
RESTRICTIONS AND RELEASING
SUPERCEDED COVENANTS AND
RESTRICTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
1
WHEREAS, WAMU Tamarac Tenancy In Common has petitioned the City for site
plan approval of a project at the southwest corner of University Drive and NW 61" Street,
better known as "Washington Mutual Plaza" which is anticipated to include a banking
facility, restaurants, and other permitted uses; and
WHEREAS, WAMU Tamarac Tenancy In Common is the fee title owner of that
certain real property described in Exhibit "A" (attached hereto) situate in the City of
Tamarac, Broward County, Florida; and
WHEREAS, The Declaration of Covenants and Restrictions (Exhibit "B" attached
hereto), by its expressed terms, was imposed on the property to restrict the development of
strip retail centers, retail grocery stores, and/or gasoline stations; and
WHEREAS, WAMU Tamarac Tenancy In Common has submitted a revised
Declaration of Restrictions (Exhibit "C attached hereto) for approval by the City Attorney
which prohibits the property from development of gasoline stations; and
WHEREAS, The City Commission now wishes to accept said Declaration of
Restrictions and to release the Declaration of Covenants and Restrictions recorded in
Official Records Book 8066, Pages 118-121 and the Development Review Agreement
recorded in Official Records Book 12633, Pages 585-589; and
March 24, 2002 - Temp Reso #10380 2
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the City Commission has determined it would be in the best interest of
the City to (i) request WAMU Tamarac Tenancy In Common, to execute a Declaration of
Restrictions recorded in Official Records Book 8066, Pages 118-121 and release the
Development Review Agreement recorded in Official Records Book 12633, Pages 585-
589, both of which were recorded prior to the adoption by the City's Comprehensive Plan
and current zoning code which supercede such restrictions; 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.
SECTION 2: That the appropriate City Officials are hereby authorized to
execute the "Declaration of Restrictions" between the City of Tamarac and WAMU
Tamarac Tenancy In Common in orderto accommodate the proposed "Washington Mutual
Plaza" retail center.
SECTION 3: That the (i) the Declaration of Restrictions dated March 24,
2004, executed by authorized officials of WAMU Tamarac Tenancy In Common is hereby
approved and accepted, a copy of which is attached here to as Exhibit "B", and (ii) the
Declaration of Covenants and Restrictions recorded in Official Records Book 8066, Pages
118-121 and Development Review Agreement recorded in Official Records Book 12633,
Pages 585-589 of the Public Records of Broward County, Florida are here by released and
terminated.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
March 24, 2002 - Temp Reso #10380 3
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: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 24'h day of March, 2004.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE;
MAYOR SCHREIBER z
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-T
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS i
CO
03/12/04 15:34 FAX 19547242453 CITY OF TAMARAC Z 002
DESIGNATION OF AGENT
FOR QUASI-JUDICIAL PROCEEDINGS
DATE:
CASE NO.:—
IN THE MATTER OF:
ANY PERSON APPEARING ON YOUR BEHALF. IN YOUR ABSENCE, MUST BE
DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE
ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTER
MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY.
WILL ATTEND THE QUASI-JUDICIAL
(insert name of Agent)
HEARIN TO BE HELD IN MY ABSENCE. IN ADDITION,
1�a.Id)0 HAS MY PERMISSION TO ACT AS MY AGENT IN
ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO
l�(15NA cti " V ► !�0%
(Address of subject property)
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING.
SIGNATURE
ER:
�fl1 cDrc�
(Print Na of Owner)
NAMEIADDRESS AND PHONE NO.
OF DESIGNATED AGENT:
(Print Name of Designated Agent)
oq6 . t�'fw
�-
Phone:� {- ?o Y 8111 Fax: '1 J�- S(2O-S_yy
STATE OF FLORIDA'
COUNTY OF BROWARD:
The foregoing instrumerat was acknowledged before me this d day of
zC _ 200, by Ai iM , owner of property, who is
personally known to me n ( _ and
(type of identification)
who (did/mat) take an oath.
My Commission Expires:
State of Florida
'}lim,r�T.! v-e��lury
or print name of Notary)
03/12/04 FRY 14:34 ITX/RX No 917,11 Z002
EXHIBIT "A"
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EXHIBIT "B"
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- g-
A RESOLUTION APPROVING AND ACCEPTING A
DECLARATION OF COVENANTS AND RESTRICTIONS
OFFERED BY SUMMIT BANK.
WHEREAS, Summit Bank has petitioned the City to rezone
certain lands for construction of additional banking facilities,
and
WHEREAS, the City Council recognizes the needs of Summit Bank
to construct additional facilities to alleviate traffic congestion
at the bank, and
WHEREAS, the City Council has determined it would be in the
best interest of the City to request Summit Bank to execute a
Declaration of Restrictions prohibiting the construction of a
"strip commercial retail shopping center" on this property, west
of University Drive, and
WHEREAS, Summit Bank has submitted said Declaration of
Restrictions approved by the City Attorney, and
WHEREAS, the City Council now wishes to accept said Declaration
of Restrictions.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the Declaration of Covenants and Restrictions
dated February 2, 1978, executed by authorized officials of Summit
Bank,is hereby approved and accepted, copy of which is attached
hereto as Exhibit "A".
PASSED, ADOPTED AND APPROVED this day of 1978.
ATTEST: YO
CITY CLE K
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
�{
CI ATTOR Y
1
RECORD OF COUNCIL VOTE
MAYO^ W, FALCI(
VAN H. 11,15S,iFCO
C/fd fA. WE1 (BERGE.i
C/M I. M. DISRAELLY
C/M M. KUKAat
0
,. r t
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION made on this 5th day of May
1978, by SUMMIT BANK, a Florida corporation,
hereinafter referred to as "Declarant".
W I T N E S S E T H:
WHEREAS, Declarant is the owner of that certain property
located in Broward County, Florida, more particularly described
as.
SEE EXHIBIT A ATTACHED
NOW THEREFORE, Declarant hereby declares that all of
the properties described above shall be held, sold, transferred
and conveyed,subject to the following restriction and
covenant:
The subject property referred to herein shall not
be used for the operation of a "strip commercial
retail shopping center" as hereinafter defined.
A strip commercial retail shopping center as
defined herein shall mean a continuous row of
retail businesses operating in one or more
buildings, all of which buildings and the
businesses being operated therein shall front
on University Drive and the front entrance to
each business shall be the same distance from
University Drive as all other retail business
being operated therein.
Further, no retail grocery store shall be constructed,
operated or maintained upon the subject property. A
retail grocery store as defined herein shall mean
a retail establishment selling food and household
supplies. This restriction does not apply to a
restaurant operation.
Further, no gasoline station shall be constructed,
operated or maintained upon the subject property.
A gasoline station as defined herein shall mean a
retail operation selling gasoline to the general
public.
THIS DECLARATION shall constitute a covenant running with
the land and will be recorded in the Public Records of Broward
County, Florida, and shall remain in full force and effect
and shall be blinding on all of the parties having any right,
title or interest in the described property or any part
thereof, their heirs, successors and assigns, until such
time as the same is released by action of the City Council
of the City of Tamarac, Florida.
IN WITNESS WHEREOF, the undersigned, being the
Declarant herein, has hereunto set its hand and seal this
5th day of May , 1978.
Signed, sealed and delivered
in a presence of:
esi t
r
ATTEST.
Sec Wry
STATE OF FLORIDA
COUNTY OF BROWARD
Before me personally appeared John R. Morris
and Richard K. Klein , to me well known and known to
me to be the individua s described in and who executed the foregoing
instrument as President and Secretary of the above named SUMMIT
BANK, a Florida corporation, and severally acknowledged to and
before me that they executed such instrument as President and
Secretary, respectively, of said corporation, and that the seal
affixed to the foregoing instrument is the corporate seal of
said corporation and that it was affixed to said instrument by
due and regular corporate authority, and that said instrument is
the free act and deed of said corporation.
WITNESS my hand and official seal, this 5th day of
May 1978.
�3
Notary Public, St a of Florida
My commission expires:
NOTARY PUSLIC STATE OF ELORIDA AT IARGIE
MY COMMISSION EXPIRES APRIL 19 198Q
BONDED THRU GENERAL INS - UNDERWRITERS,
RUC NUILI til Inr„ ra.n.�•n,�r .lrlLti
F-,..• .nudrlr.o rhti(iINh:hl(: ill'h�
a
ada'99ZVr 441
/V 66°39 ,�V'X
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M-CU AhM DZSCRIPPIO11 SF�rLs� 9•49r/
A portion of Section 9, T'w nchip 49 South. Range 41 East, PORT 1AUDERDA- TRUCi: FATMS, as
recorded in plat Dook 4, Page 31, of the public records of Broward County. Florida, more
Fully described as follows: Cocmence at the Southeast corner of said faction 9; thence
North 0' 00' 56" West, along the East line of said Section 9, 1551.18 eet to a point;
thence North 88' 59' 24" Vest, 53.01 feet to the Point of Beginning of this description;
thence continue North 88' 39' 24" Vest 465.55 feet; thence North 0' 00' 56" West. 588.81
feet; thence South u8' 59' 24" East, 441.00 feet to the point of curvature of a circular
curve to tho right; thence Easterly and Southerly along the arc of said curve, having
a radius of 25 feet, an arc distance of 38.82 feet to the point of tangency of said
curve; thence south 0' 00' 56" East. parallel with and 53 fece Woat of, as messured at
right angles to the Fast line of said Section 9. 564.25 feat to the Point of Beginniag.
Said land situate, lying. and being in the City of Tamarac. Bro.rard County, Florida,
and containing 6.-289 acres more or less.
Certified correct. Dated at Fort Lauderdale, Florida, this 5th day of October. 1977.
Mc1AUGiil N ENCINEEALM CO.
I
Reg tared Land Surveyor
urveyo No. 2021
Ste a of Florida
FIVL.D 11uUK Yq, p 9 paAN:N 9Y---
JOK OKntK Nu, �.37Cr ("H F:C1C4BY
XN���i /
March 24, 2002 - Temp Reso #10380
EXHIBIT "C"
DECLARATION OF RESTRICTIONS
THIS DECLARATION made on this /r7day of 3LI" e
2004, by WAMU Tamarac Tenancy In Common, herein after referred to as "Declarant".
WITNESSETH:
WHEREAS, Declarant is the owner of that certain property (the "Property")
located in Broward County, Florida, more particularly described as:
SEE EXHIBIT "1" ATTACHED HERETO AND MADE APART THEREOF
NOW, THEREFORE, Declarant hereby declares that the Property shall be held,
sold, transferred and conveyed, subject to the following restriction and covenants:
No gasoline station shall be constructed, operated or
maintained upon the Property. A gasoline station as
defined herein shall mean a retail operation selling
gasoline to the general public.
THIS DECLARATION shall constitute a covenant running with the Property and
will be recorded in the Public Records of Broward County, Florida, and shall remain in
full force and effect and shall be binding on all of the parties having any right, title or
interest in the Property or any part thereof, their heirs, successor$ and assigns, until
such time as the same is released by action of the City Commission of the City of
Tamarac, Florida.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has
hereunto set its hand and seal this lIIro- day of 2004.
Signed. @led and de ' er d in the presence e
STATE OF FLORIDA
COUNTY OF BROWARD
WAMU TAMARAC TENANCY IN COMMON
BY ALPHA T
liability cornpr
6
By: IVIS WAM
Company
9}
BerorO me personally appeared µ47&cut
Florida limited liability company, and of ALPHA TAMARAC, LLO. a
Of Mg WAMU, LLG, a Florida limited as
liability caMpany, as tenants in common or W/jklitI TAMARAC
TENANCY IN COMMON, and severally acknowledged to and b
instrument, and that the s9a15 efore me that the executed such
VMKBd to said instrument (though not required to be) ern the corparate
Seals of said companies and that were affawd to said instrument by due and regkiler corporate authority,
find that saiq instrument is the free act 4nd dead or said companies.
WITNESS my hand and official seal, this --ae,Z .
004.
otarIguplic, State of FIt
Nth 6aYvd 7;..,: -�.,._ • ... .
EXHIBIT ((1"
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