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Home My WebLink AboutCity of Tamarac Resolution R-86-249Introduced by:-C-ZzylTemp. Reso. #3768 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21, 22 23 24( Z.S 26 27 28 29 30 3) 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86-� A RESOLUTION APPROVING AND ACCEPTING A DECLARA- TION OF RESTRICTIVE COVENANTS OFFERED BY MOBIL OIL CORPORATION FOR THE SERVICE STATION AT THE SOUTHWEST CORNER OF STATE ROAD 7 AND COMMERCIAL BOULEVARD; AND PRQVIAING_EFFECTIVE DATE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Declaration of Restrictive Covenants offered by Mobil Oil Corporation for the service station at the Southwest corner of State Road 7 and Commercial Boulevard, is hereby approved and accepted, a copy of said Declaration being attached hereto as Exhibit "A". SECTION 2: That the City Clerk is hereby authorized and directed to record said easement in the public records of Broward County, Florida. SECTION 3: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED thisZday ofUvl�,198b. MAYOR ATTEST: .CITY CLERWr I HAVE CERTIFY that I have - -_ approved the form and correct- ness of this RESOLUTION. RECORD OF COUNCIL VOTE CITY JTORNPV'�_ MAYOR: HART DIST. 1: C/W MASSARO DIST. 2: C/M STELZER -� DIST. 3: C/M GOTTESMAN DIST. 4: V/M STEIN Prepared By: C. William Laystrom,Jr. 1177 Southeast Third Avenue Fort Lauderdale, Florida 33316 DECLARATION OF RESTRICTIVE COVENANTS THIS Declaration of Restrictive Covenants, made and executed this 5th day of November. r 1985, by MOBIL OIL CORPORATION, hereinafter referred to as "MOBIL", together with its successors and assigns, shall be in favor of TAMARAC, FLORIDA, a municipa- lity in the State of Florida, hereinafter referred to as "TAMARAC" and any other person either directly or indirectly affected by a violation of these covenants. W I T N E S S E T H: WHEREAS, MOBIL is the owner of the real property which is sketched and legally described in Exhibit A which is attached hereto; and WHEREAS, MOBIL desires to rezone its property to B-3; • WHEREAS, MOBIL in the public interest is desirous of volun- tarily subjecting the property to certain conditions and require- ments as more particularly set forth in this Declaration; NOW, THEREFORE, MOBIL hereby voluntarily declares that all of the property described in Exhibit A shall be held, sold and conveyed subject to the following restriction which shall be deemed a covenant running with the property and be binding on all parties having any right, title or interest in the property, their heirs, successors and assigns. 1. That upon execution and recordation of this instrument, MOBIL does impose upon said property described in Exhibit A the following restrictive covenants which shall run with the land: A) The subject property shall be only used for the following B-3 uses: service station, convenience store and car- I'1i9 Yi /W ✓ ii /�oa �V✓F,.�F 1 rEFT - wash although the subject property may be used for such other uses as are permitted in any less restrictive zoning district including, but not limited to, B-1 and B-2. The permitted zoning uses referred to herein are those set forth in said B-1 and B-2 categories within the City of Tamarac Code of Ordinances as may be amended from time to time. Such uses are in addition to the aforedescribed B-3 uses. THIS Declaration of Restrictive Covenants shall be binding upon MOBIL, its personal representatives, successors and assigns. Said Declaration may only be modified, amended, or ter - urinated with approval by the TAMARAC CITY COMMISSION and the written approval by MOBIL, its successors and assigns. WITNESS: MOBIL OIL CORPORATION 0;BY 4&Lt.4.1 W. F. BRANN s ASSISTANT TREASUREROf MOBIL OIL CORPORRV csr �•�-P ATTEST • rate Seal) L3T, SECRETARY ROY L BELCHER 1 SWORN TO AND SUBSCRIBED to before me this 5tb day of Xovembe 1985. o / NOTARY UBLIC 7 My Commission Expires:µARGH 30, 19M / �asE w zoLNowsxi Notary Pubiic, State of New York No. 4,1.96104'1b0 � CertQualified .ein 4 r y County Corm f.�tpirm aizrch :i, 1tL3ts 0 `q By the Consent of Directors of MOBIL OIL CORPORATION dated as of Thursday, the 2nd day of May, 1985, the Board of Directors adopted the following resolution: RESOLVED, that effective May 2, 1985, the Treasurer, the Controller. the Assistant Treasurers, the Assistant Controllers. and each of them, be and they hereby are iauthorized to execute, acknowledge and deliver any and all instruments in the name and on behalf of this Corporation, including without limiting the generality of the foregoing. deeds conveying real estate, with the same force and effect as if specific authority were • granted by this Board in each particular instances and the Secretary or an Assistant Secretary is hereby authorized to attest the execution of such instruments and to affix the Corporate Seal thereto. I. ROY L BELCHER Assistant Secretary of MOBIL OIL CORPORATION, do hereby certify that the foregoing resolution is a true copy from the records of said MOBIL OIL CORPORATION, and that said resolution is now in full force and effect. IN TESTIMONY WHEREOF,'I have signed my name and affixed the Corporate Seal at New York. N.Y., this 5th day of llovmbdw 1985. C� MOC P/A No. 2746 0 Abolstant ecreterp LI 6-10A35 EXHIBIT "A" LEGAL DESCRIPTION — MOBIL OIL SITE f03—A35—P (S.W. CORNER STATE ROAD NO. 7 AND COMMERCIAL BLVD.) A PORTION OF LOT 92 OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST OF "FORT LAUDERDALE TRUCK FARMS SUBDIVISION" AS RECORDED IN PLAT BOOK 4 AT PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF SAID LOT 99 1320 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 99 AS MEASURED ALONG THE EAST LINE THEREOF; THENCE N89°1514211W A DISTANCE OF 300.01 FEET TO A POINT; THENCE S0001211211E A DISTANCE OF 62.50 FEET TO THE POINT OF BEGINNING. SAID POINT ALSO BEING ON THE SOUTH RIGHT—OF—WAY LINE OF COMMERCIAL BOULEVARD; THENCE CONTINUE SOO°12112"E A DISTANCE OF 190.50 FEET TO A POINT; THENCE S8901514211E FOR A DISTANCE OF 200.00 FEET TO THE WEST RIGHT OF WAY LINE OF STATE ROAD NO. 7 (U.S. HWY. NO. 441); THENCE N00°12'12"W ALONG SAID WEST RIGHT—OF—WAY LINE, A DISTANCE OF 160.99 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 89*03130" FOR AN ARC DISTANCE OF 46.63 FEET TO A POINT OF TANGENCY WITH THE SOUTH RIGHT OF WAY LINE OF COMMERCIAL BOULEVARD; THENCE N89°15142"W ALONG SAID SOUTH RIGHT—OF—WAY LINE FOR 170.49 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. SURVEYORtS CERTIFICATE I HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION IS TRUE AND CORRECT TO TH10 BEST OF MY KNOWLEDGE AND BELIEF. AVER AND CATO, INC. BY : v' JOHN D WE R PROFES ONA LAND SURVEYOR FLORIDA ITE REGISTRATION NO. 3550 SURVEYORIS NOTES: 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. 2) BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF LOT 9 IN SECTION 13, TOWNSHIP 49 SOUTH RANGE 41 EAST "FORT LAUDERDALE TRUCK FARMS" (4-31), HAVING AN ASSUMED BEARING OF N00012112"W. DATED:10-14-85 01 SHEET 1 OF 2 SHEETS FILE NO. 85-6656—SS1 -76- heller�w weaver aid Cato 'it. o engineering • land surveying * bod planning . bod development consultalion CORRI GEH PROFISSIOnRI PLRZA 5667 CORRL CRT( BOUIEVRRD (111 19th S11119) • IMRGRiE, 1`1011101133063, 1`11011( 1305) 979.0550 6-10A35 0 EXHIBIT "A" SKETCH OF PROPERTY TO ACCOMPANY LEGAL DESCRIPTION SCALE: I it • 508 COMMERCIAL BOULEVARD P.O.C. 300.01 , New /5'4Z "w - W I I 12 NN1 P.O.B. h ' A! i7o.49' South A/W Lin¢ 1 Comm¢rCi& Blvd. N 89°!5'42"W 51 50z 1011 s89*15'42 "E 2oaoo' - 1 ='R U,. !=A ,..fS f 4 - 31 /00 ' South Lii� Lae °1 "Fort loudardold, Truck rarm.5"(4-9r) DAM: 10-14-85 R = 30.00' A 89003'300 A a 46.63 healer • weaver Cato lie. . eagioej* • hod :Pmg* • hod pow* • hod development consultation O N m N h t� L� u Zr ��a o � h ug a L?� $ou-hao.5 t Cor-nar to+ 0) SH= 2 of 2 SHEETS FILE ND.85-6656-SS2 CORGI GOR PROfESSIOnRL PLRZO 5667 CORRI 6RTE BOUIEYRRO (R.10. 291h STREET) • NORTE, fLORIOR 33063. PHOK 1305) 979-0550