HomeMy WebLinkAboutCity of Tamarac Resolution R-83-2281
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Introduced by P//Al, Temp. #2854
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-83—W?!?b�
A RESOLUTION APPROVING AND ACCEPTING A
DECLARATIONS OF RESTRICTIONS OFFERED BY
IRVING WALTMAN, TRUSTEE, FOR LANDS AT
THE NORTHWEST CORNER OF MCNAB ROAD AND
UNIVERSITY DRIVE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the Declaration of Restrictions offered by
Irving Waltman, Trustee, for lands at the northwest corner of McNab
Road and University Drive, is HEREBY APPROVED AND ACCEPTED, a copy of
said Declaration of Restrictions being attached hereto as Exhibit "A".!I
SECTION 2: That the City Clerk is hereby directed to record
said Declaration in the Public Records of Broward County, Florida.
SECTION 3: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this�day of 1983.
%ATTEST:
ASSISTANT CITY CLERK
RECORD OF COUNCIL VOTE
I HEREBY CERTIFY that I have
approved the arm and correct-- MAYOR FALCK:
ness of this
�l DIST. 1: C/M F`v' AVITZ:
CIT7 ATTORNEY, DIST. 2: V/M MASS,",RO: _4 L
' DIST. 3: C/M STELZER:
DIST. 4: C/M KRANTZ:: __ oe4z
1
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DECLARATION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS that the undersigned
IRVING WALTMAN, Trustee, being the title holder of record of
the following described property located in Broward County,
Florida, to -wit:
A portion of Tract 17 of FORT LAUDERDALE TRUCK
FARMS SUBDIVISION of Section 4, Township 49
South, Range 41 East, as recorded in Plat Book
4, Page 31, of the Public Records of Broward
County, Florida, being more particularly
described as follows:
Commencing at the Southeast corner of said
Section 4; thence N-00 12' 16" - W, along the
East line of said Section 4, a distance of
713.01 feet; thence N-890 61, 50" W, parallen
with the South line of said Section 4, a
distance of 60.01 feet to the Point of Beginning
of this description, thence continuing N-89°
01' 50" - W, a distance of 660 feet; thence
S-0° 12' 16" - E, a distance of 660 feet; thence
5-890 01' 50" E, parallel with and 53 feet North
of the South line of said Section 4, a distance
of 634.48 feet to a Point of Curve; thence
Easterly and Northerly, along the arc of a circular
curve to the left, having a radius of 95 feet, an
arc distance of 39.78 feet; thence N-0 12' 16" -
W, parallel with and 60 feet West of as measured
at right angles to, the East line of said Section
4, a distance of 634.48 feet to the Point of Begin-
ning.
LESS:
Commencing at the SE corner of said Section 4;
thence N-0° 12' 16" W, along the East line thereof,
a distance of 79.76 feet; thence 5-890 47' 44" W,
a dostamce pf 60 feet to the Poirot of Beginning
of this description; thence N-0 12' 16" - W,
along a line parallel with and 60 feet West of,
as measured at right angles to, the East line of
said Section 4, a distance of 269.96 feet; thence
N-890 01' 50" - W, a distance of 295.47 feet;
thence S-00 12' 16" - E, a distance of 295.47 feet
to an intersection with a line parallel with and
53 feet North of, as measured at right anglesoto,
the South line of said Section 4; thence 5-89
01' 50" E, along said line a distance of 269.96
feet to the Point of Curvature of a circular
curve to the left; thence Easterly and Northerly
along the arc of said curve, having a radius of
25 feet, an arc distance of 39.78 feet to the
Point of Beginning.
Said lands situate, lying and being in Broward
County, Florida.
voluntarily makes the following Declaration of Restrictions
covering the abovedescribed real property, specifying that
this Declaration of Restrictions shall constitute a covenant
running with the land and that this dedication shall be bind-
ing upon the undersigned and upon all persons deriving or
taking title through the undersigned.
1. The abovedescribed 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 at Page
, in the Public Records
of Broward County, the following shall apply;
1) The building set -back shall be a minimum
of sixty (60) feet.
2) Any wall required by the City of Tamarac
shall be a solid masonry wall, stuccoed and primed and six (6)
reet in height
b) There shall be no Restaurant or Food Processing
in the West One Hundred Eighty (180) feet of the North Three
Hundred Sixty (360) feet of the subject property.
c) The maximum building height shall be thirty-
five (35) feet.
d) A Forty (40) foot landscape buffer where the
subject property abuts the University Drive right-of-way with
a minimum three (3) foot high berm.
e) A Twenty (20) foot landscape buffer where the
subject property abuts McNab Road right-of-way with a minimum
three (3) foot high berm.
2. These covenants are to run with the land and shall be
binding upon all parties and persons deriving or taking title
through the undersigned for a period of ninety-nine (99) years
from the date these covenants are recorded in the Public
Records of Broward County, Florida. This Declaration of
Restrictions may be amended or removed only by the City of
Tamarac, Florida., by a written document of equal formality and
dignity and with the approval of the undersigned or his succes-
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P-J
stirs in title or assigns after holding the requisite advertised
public hearing and adoption of an appropriate resolution. Any
amendment to this Declaration of Restrictions or termination
thereof shall be recorded in the Public Records of Broward
County, Florida. Nothing herein shall prevent the Declarant
or his successors in title or assigns from applying to the City
of Tamarac, Florida, for modification of this Declaration of
Restrictions or termination hereof.
3. Invalidation of any one portion of this Declaration
of Restrictions or any portion of this document by judgment or
court order in no wise shall affect any other provisions, which
shall remain in full force and effect.
4. This Declaration of Restrictions is executed for the
purpose of protecting the health, safety and welfare of the
occupants of the above described lands.
IN WITNESS WHEREOF, I have set my,kand and seal this
day of d 1983.
Signed, sealed and.,
delivered in the ,r
prese ce of:
az4rw -00V' r-az.
STATE OF FLORIDA )
COWTY OF DADE )
_ ( SEAL)
altman, 'Trustee
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared IRVING WALTMAN, as Trustee,
to me known to be the individual described in and who executed
the foregoing Declaration of Restrictions, and he acknowledged
before me that he executed the same for the use and purposes
therein expressed.
WITNESS my signature: aid official s 1 t Miami, Dade
County, Florida, this �` day,pf 1983.
My Commission
Expires:
[NOTARY PUBLIC STATE OF FLORIDA
[MAY COMMISSION EXPIRES FELT 26 1987
L JONDED THRU GENERAL IN5URANCE UNIT
otary public, State of Florida
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