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Home My WebLink AboutCity of Tamarac Resolution R-89-0291 2 3' ,i 1 s` 2 22 23 24 25 26 27 28 29 30 31 34 35 Temp. Reso. #5305 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-89-� A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A DECLARATION OF COVENANTS AND RESTRICTIONS WITH BROWARD COUNTY FOR THE CITY -OWNED PARCEL AT THE NORTHEAST CORNER OF COMMERCIAL BOULEVARD AND NORTHWEST 88TH AVENUE PROHIBITING USES IN THE COUNTY WELLFIELD PROTECTION ZONE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute a Declaration of Covenants and Restrictions with Broward County for the city -owned parcel at the northeast corner of Commercial Boulevard and Northwest 88th Avenue prohibiting uses in the County wellfield Protection Zone, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: This Resolution shall become effective upon adoption. . PASSED, ADOPTED AND APPROVED this g day of 1989. ATTEST: r I NORMAN ABRAMOWITZ ( � MAYOR CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to f4�1 rm. AA &" W I RICHARD DOODY CITY ATTORNEY RECORD OR COUNCIL VOTE MAYOR ABRAMOWITZ DISTRICT 1: C/M ROHR DISTRICT 2.: `J/Iv=:t= DISTRICT 3: _C/M DISTRICT 4- C/M�BENDFR DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made this _,� day of 1989 by the City of Tamarac, a Florida Municipal Corporation. WHEREAS, the City of Tamarac owns the property described . in Exhibit "A" attached hereto in fee simple ("Property"); and JWHEREAS, the City of Tamarac is seeking to have the land use designation on said Property changed from Community Facilities to Commercial on the Broward County Land Use Plan; and WHEREAS, the City of Tamarac has been requested by Broward County to restrict the storage, handling, usage or production of certain regulated substances on the Property because of the proximity of the Property to certain future wellfields intended or planned to provide potable water to the citizens of Broward County; and WHEREAS, the City of Tamarac wishes to voluntarily restrict the storage, handling, usage or production of certain regulated substances on part of the Property, and wishes to insure that the restrictions contained herein shall run with the Property land and bind future owners of the Property; and WHEREAS, the City of Tamarac recognizes that this will constitute a benefit to the Property and that there is sufficient and adequate consideration for this agreement; NOW, THEREFORE, the City of Tamarac hereby declares that all of the Property described in Exhibit "A" attached hereto M shall be held, transferred, sold, conveyed and occupied subject to the covenants and restrictions set forth in this Declara- tion, all of which shall run with the Property and shall be binding upon all parties having any right, title or interest in said Property or any part thereof as applicable. 1. Prohibition of Regulated Substances . The City of Tamarac, its successor and assigns hereby agrees and covenants to prohibit and prevent any activity which shall have the effect of allowing the storing, handling, using or producing of any of the regulated substances as listed in Broward County Resolution 84-2025, and any amendment thereto ("Regulated Substances"), on that portion of the Property more particularly described in Exhibit "B" attached hereto and made a part hereof without the written consent of Broward County which consent shall not be unreasonably withheld. This prohibition shall be strictly construed so as to protect the potable water supply in surrounding future wellfields. The only exemptions to said prohibition shall be those exemptions from the regulation of Regulated Substances as provided for in the Broward County Code of Ordinances Sec.(s) 34-182 to 34-197, inclusive, and any amendment thereto ("Wellfield Protection Ordinance"). 2. Prohibition of Individual Uses . The City of Tamarac, its successors and assigns hereby agrees and covenants to prohibit and prevent the use of any part of the Property more particularly described in Exhibit "B", for wholesale storage, light fabricating, or warehouse uses without the written consent of Broward County, which consent shall not be unreasonably withheld. It is the intent of this prohibition to prevent the use of the Property more particularly described in Exhibit "B" for any commercial uses likely to involve the storing, handling, using or producing of any Regulated - Substances. Accordingly, this prohibition shall not, for example, prohibit retail uses, nor shall it prevent use of the Property for purposes exempted from regulation pursuant to the Wellfield Protection Ordinance. In the event that the City of Tamarac, or any of its successors, shall be in doubt as to the validity of any proposed use pursuant to this Paragraph 2, the City of Tamarac may request an interpretation of this prohibition from the Broward County successor agency, and if such proposed use, it shall be conclusive use. Planning Council, or its determination permits the as to the validity of such 3. Note on Plat . The City of Tamarac agrees that any plat recorded for the Property, or any part thereof, shall contain a note thereon which indicates that the Property or part thereof is located in a wellfield protection zone as determined by the Broward County Wellfield Protection ordinance • and that the uses thereon are further restricted by this Declaration. This note shall indicate the official records book and page number in which this Declaration is recorded. 4. Termination of Declaration In the event of any of the following: (a) The Broward County Land Use Plan and the City Land Use Plan are not amended consistently with the City of Tamarac Land Use Plan Amendment No. 50 after exhaustion of any administrative review process under Chapter 163 of the Florida Statutes and any judicial review thereof; or (b) The Broward County Land Use Plan and the City Land Use Plan are not amended consistently with the City of Tamarac Land Use Plan Amendment No. 50 by March 15, 1991; or (c) The modification or redesignation of all or any part of the Property from a commercial designation to a residential designation pursuant to the Broward County Land Use Plan; or (d) The future wellfields for Broward County are relocated in such a manner that all or any part of the Property would no longer be subject to regulation pursuant to the Wellfield Protection ordinance. then under any of the above events, this Declaration shall become null and void, and shall be of no further force and effect as to the total Property with respect to subparagraph 4(a) above and, if the City of Tamarac elects to do so, as to 4(b) above and shall be of no further force or effect as to that portion of the Property which has either been redesignated pursuant to subparagraph 4(c) above or is no longer subject to regulation pursuant to subparagraph 4(d) above. Except for subparagraph 4(b) above, this Paragraph 4 is intended to be self-executing, in the event the City of Tamarac, or any of their successors, shall deem it necessary or desirable, Broward County shall cause to be executed, in recordable form, whatever documentation is reasonably requested by the City of Tamarac in order to evidence the termination of this Declaration under subparagraphs 4(a), 4(b), 4(c) and 4(d) above. 5. Amendment to Declaration This Declaration may be amended by mutual written agreement of the then owners of the Property, and Broward County, Florida. 6. Persons Bound . This Agreement shall be binding upon the City of Tamarac and its successors for so long as they are owners of the Property, shall run with the land, and shall be binding on all future owners of the Property. 7. Attorneys_'Fees it is understood and agreed that this Declaration shall inure to the benefit of Broward County and the Board of County Commissioners for Broward County. This Declaration shall be enfozceable in a court of law, and should Broward County or the City of Tamarac be required to take judicial action to enforce the provisions hereof, then, in that event, the prevailing party shall be entitled to reimbursement for all costs and attorneys' fees incurred in the enforcement of this Declaration. �- g 1-'� I 0 CITY OF TAMARAC CAROL A. EVANS, N N ABRA OWIT , CITY CLERK MA OR DATED: 'A "R ? STATE OF FLORIDA ) COUNTY OF BROWARD ) DATED : -,Zg Ig I HEREBY CERTIFY that on this 0 day o£'-- 1989, before me personally appeared CAROL A. EVANS, CITY ULERK, and NORMAN ABRAMOWITZ, MAYOR of the CITY OF TAMARAC, to me well known and known to me to be the individuals described in and who executed the foregoing instrument, and acknowledged before me that they executed the same for the purposes therein expressed. �, WITNESS my hand and official seal this day of A.;<.t 1989. NOTARY PUBLIC My Commission Ex�ires: TARY PUBLIC STATE OF FLORIDA NY COMMISSION EXP SEPY 17.1990 BONDED TMRU GENERAL INS. UND. COUNTY ATTEST: County Administrator and Ex -- Of f is io Clerk of the Board of County Commissioners of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS BY. Nicki E. Grossman, Chairman day of . 1989 Approved as to form and legality by Office of General Counsel for Broward County, Florida General Counsel Governmental Center, Ste. 423 115 South Andrews Avenue Ft. Lauderdale, FL 33301 Telephone: 305/357-7600 BY . •ASSISTANT GENERAL COUNSEL �- 9�-4),q EXHIBIT "A" Lots 2 through 15, BLOCK 8 LYONS COMMERCIAL SUBDIVISION Plat Book 69, Page 42 • r LJ rm As Ira*& � n k� i T tAl 47ti N 1 0 EXHIBIT "B" Lots 2 through 13 and the Eastern 14' of Lot 14, BLOCK 8, LYONS COMMERCIAL SUBDIVISION Plat Book 69, Page 42 • 0 (?G--,)1 Cc r � t rrr rWWAJ • r �0■1� 1�� flax; asi H1112110 .. �: ®0 NICllw�il®�� ss �css� '� ® ss ss s�■ . �' MEMO NAMFJ G^NFL 4t r' IM O - _ M s N •• F , , 31 N � . t • qp _ 16