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Home My WebLink AboutCity of Tamarac Resolution R-98-172May 29, 1998 - Temp. Reso. #8286 1 Revision No. 1 - June 4, 1998 Revision No. 2 - June 4, 1998 Revision No. 3 - June 4, 1998 Revision No. 4 - June 4, 1998 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- /%o2, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AMEND THE PREVIOUSLY APPROVED DECLARATION OF RESTRICTIVE COVENANTS FOR LANDS COMMONLY KNOWN AS THE MCNAB MARKETPLACE SHOPPING CENTER AND LEGALLY DESCRIBED AS THE UNIVERSITY AND MCNAB PLAT, PARCEL A, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 135, PAGE 2 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; LOCATED AT 7015 NORTH UNIVERSITY DRIVE; CASE NO. 13-P-97; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the instructions of the City Commission of Tamarac, Florida, a public meeting has been advertised in accordance with applicable law of the date, time and place of the meeting regarding the Amended Declaration of Restrictive Covenants, located at 7015 North University Drive (attached hereto as Exhibit "A"); and WHEREAS, the previously approved Declaration of Restrictive Covenants for the University and McNab Plat (attached hereto as Exhibit "B") are in need of amending to conform with the development standards setforth in the previously approved site development plans; and WHEREAS, the Director of Community Development recommends approval; and May 29, 1998 - Temp. Reso. #8286 2 Revision No. 1 - June 4, 1998 Revision No. 2 - June 4, 1998 Revision No. 3 - June 4, 1998 Revision No. 4 - June 4, 1998 WHEREAS, the City Commission reviewed Amended Declaration of Restrictive Covenants at a public meeting, and WHEREAS, the City Commission has determined that the Amended Declaration of Restrictive Covenants are in compliance with all elements of the Comprehensive Plan, or will be in compliance will all elements of the Comprehensive Plan, and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to amend the previously approved Declaration of Restrictive Covenants for lands commonly known as the McNab Marketplace Shopping Center and legally described as the University and McNab Plat, Parcel A, according to the Plat thereof, as recorded in Plat Book 135, Page 2, of the Public Records of Broward County, Florida; located at 7015 North University Drive; Case No. 13-P-97. 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. 1 I 1 May 29, 1998 - Temp. Reso. #8286 3 Revision No. 1 -- June 4, 1998 Revision No. 2 - June 4, 1998 Revision No. 3 - June 4, 1998 Revision No. 4 - June 4, 1998 SECTION 2: That the City Commission of the City of Tamarac, Florida, authorize the appropriate City Officials to amend the previously approved Declaration of Restrictive Covenants for lands commonly known as the McNab Marketplace Shopping Center, legally described as the University and McNab Plat, Parcel A, according to the Plat thereof, as recorded in Plat Book 135, Page 2, of the Public Records of Broward County, Florida; located at 7015 North University Drive (attached hereto as Exhibit "B") SECTION 3: That the City Commission of the City of Tamarac, Florida, approve and authorize the appropriate City Officials to execute the "Amended Declaration of Restrictive Covenants" for lands commonly known as the McNab Marketplace Shopping Center, legally described as the University and McNab Plat, Parcel A, according to the Plat thereof, as recorded in Plat Book 135, Page 2 of the Public Records of Broward County, Florida; located at 7015 North University Drive (attached hereto as Exhibit "A") 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: passage and adoption. May 29, 1998 - Temp. Reso. #8286 4 Revision No. 1 - June 4, 1998 Revision No. 2 - June 4, 1998 Revision No. 3 - June 4, 1998 Revision No. 4 - June 4, 1998 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this /o ATTEST: M I HEREBY CERTIFY that I have approved this SOLUTION as to form. CITY ATTORN commdev\u: \pats\userd ata\wpdata\res\8286 reso I� day of ?"UL- , 1998. JG�c ' 14��' JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: , . COMM. McKAYEa, DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS AMENDFD DECLARATION OF RE5TIUCTIVE COVENANU THIS AMENDED DECLARATION OF RESTRICTIVE COVENANTS is made this 27th day of January 199$ by McNAB JOINT VENTURE, with a post office address at Box 145157, Coral Gable ("Owner"). Florida 33114 WHEREAS, the Owner is the fee simple owner of the property more particularly described in Exhibit "A" ("Property"); and WHEREAS, the Owner is the successor -in -title to the Property formerly owned by Irving Waltman, Trustee; and WHEREAS, the Property is encumbered by that certain Declaration of Restrictions entered into by Irving Waltman, Trustee, recorded in Official Records Book 11319, page 322 of the Public Records of Broward County ("Declaration") which places certain restrictions on the development and use of the Property; and WHEREAS, the City of Tamarac ("City") and Owner agree that it is in the best interests of the City to amend the Declaration to revise the development standards. NOW, THEREFORE, in consideration of the premises and covenants herein contained, Owner hereby declares, and the City agrees that the Declaration shall be amended as follows, and that the Property shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the Declaration as amended herein. A. Recitations. The recitations set forth above are true and correct and are incorporated into this Amended Declaration by this reference. B. Amendment. The Declaration is hereby amended to delete paragraph 1 of the Declaration in its entirety and to replace it with the following provisions: 1. The above -described property shall be subject to the following restrictions: a) In that part of the West line of the subject property abutting the Academy Hills Subdivision, recorded in Plat Book 77 at Page 48, in the Public Records of Broward County, the following shall apply: 1) The building set -back shall be a minimum of sixty (60) feet from any residentially zoned property. 2) Any wall required by the City of Tamarac shall be a solid masonry wall, stuccoed and primed and six (6) feet in height. FTL:267087:2 TEMP RESO #8286 EXHIBIT "A" P b) There shall be no Restaurant or Food Processing iri the West One Hundred Eighty (130) feet of the North Three Hundred Sixty (360) feet of the subject property. This provision shall not apply to any use made wholly within the premises of a user whose primary business is a supermarket operation. five (35) feet. c) The maximum building height shall be thirty- d) Landscaping along University Drive and McNab Road shall meet all City of Tamarac Code requirements. e) A Twenty (20) foot average landscape buffer where the subject property abuts McNab Road right-of-way with an average three (3) foot high berm except where such berm cannot be constructed to a height of three (3) fee%' n which event the berm shall be constructed as high as reasonable. C. Except as amended herein, all other provisions of the Declaration shall remain in full force and effect. Lb By signing below, the City hereby approves this Amended Declaration. This Amended Declaration shall be recorded among the Public Records of Broward County, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date referenced above. Signed, sealed and delivered in the esence of 7J -n.fic" ri;Ndne: /y>�1m- 'Prie: •%/' ,�/„�t i C, M�cl NAB JOINLiVEteN dUREfa Fxida_ggnpt-„7�rtnership Faga By: Fraga Family Corp.,a Florida corporation as By: its general partner G _ Print Name: .Antonio 0. Fraga Title: [see following page for notary acknowledgment] FTL:267097:; 7 0 ) STATE OF FLORIDA ) SS: COUNTY OF D&Ec7:- • I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County foresaid to take ac4wledgments, the foriZL�J ing instrument was acknowledged before me by j+�i a� , the of ,4, a _ corporation as the managing joint venturer of HcLk --TL • a joint venture. He/She is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this 071day of -C7 44. Notary Public 0 X At,),4 Olt Alt'(7 ,,.y4- Typed, printed or stamped name of Notary Public My Commission Expires: •�M\S510NF�Ad• ��- 26a �9 . a'; #CC 647546re �A a -""Bonded oo yOQ� i {- •• fain -Ins � �� 11llllllljll FTL:267087:2 • IN WITNESS WHEREOF, the parties hereto have made and executed this Amended Declaration of Restrictive Covenants on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, duly authorized to execute same. ATTEST: • Carol Gold, C C/AAE City Clerk 0 4 WFUNTAVEINAFT'VZXTQ e Schreiber, Mayor 0 r Robert S. Noe, Jr., City Manager ana er � d as to form and legal cy: Mitchdll S. Kraft C • C� • STATE OF FLORIDA SS COUNTYOF. ,,g, Joy Robert Before me personally appeared &Noe,. Jr, to me well known and known to me to be the personsdescribed in and who executed the foregoing instrument, and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this NOTARY O�PpY pV49, PHYLLIS POLIKOFFSEAL * r COMMISSION NUMBER Q CC390392 MY COMMISSION EXP. 0E F�,oq- SEPT 23 1998 My Commission Expires: (� Personally known to me ( ) Produced Identification ( ) Did take an oath, or ( Oid Not take an oath. 5 10 day of --June , 1998 A& /04� NOTARY PUBLIC, S e of Florida At Large 1*yZZ15 Print or Type Name of Notary C7 *A:11:1h University and McNab Plat Parcel A of the University and McNab Plat recorded in Plat Book 135, Page 2 of the Official Public Records of Broward County, Florida. •