HomeMy WebLinkAboutCity of Tamarac Resolution R-78-034Introduced by: %'1 O-La-n c1, of Temp. #956
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- F-3
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
ATTEST:
CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
l�
CIT\ATTORN%Y
�44, day of 1978.
Cy
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RECORD OF COUNCIL VOTE
MAYO^ W. FX.Cii
V/M H. %14`tSSARO
C/'ot M. WE11"-;BER
C/M I. M. DISRAE
C/M M. nUfth �
1d s d.. _-....
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:
BY ; e�
esi t
r
ATTEST.
Sec ary
7
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 individuals 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.
Notary Public, Stoke of Florida
My commission expires:
NOTARY PUBLIC STATE OF FLORIDA AT. LARGE
MY COMMISSION EXPIRES APRIL 19 1980
IONDED THRU GENERAL INS: UNDERWRITERS.
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A portion of Section 9, Township 49 South, Range 41 East, FORT LAUDERDALE TRUCK FAMIS, as
recorded in Plat Book 4, Page 31, of the public records of Broward County, Florida, more
Fully described as follows; Commence at the Southeast corner of said action 9; thence
North 0' 00' 56" We -at, along the East line of said Section 9, 1551.18 feet to a point;
thence North 88' 59' 24" West, 53.01 feet to the Point of Beginning of this description;
thence continue North 88' 59' 24" West 465.55 feet; thence North 0' 00' 36" West, 588.81
feet; thence South 88' 59' 24" East, 441.00 feet to the point of curvature of a circular
curve to the 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 feet West of, as measured at
,right angles to the East line of said Section 9, 564.25 feet to tha Point of Beginning.
Said land situate, lying, and being in the City of Tamarac, Broward County, Florida,
and containing 6.289 acres more or leas.
Certified correct. Dated at Fort Lauderdale, Florida, this 5th day of October, 1977.
McIAUGHLIN EMINEERIX CO.
Reg tared Land Surveyo No. 2021
Sta a of Florida
FIELD BOOK No. pp o
JOB ORDER No. /i/ 739Z
DXAK:N BY
"ECKED BY