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HomeMy WebLinkAboutCity of Tamarac Resolution R-83-2061 2 3 4 8 9 10 u 12 13 .L:0 16 7 20 23 24 25 26 27 28 29 32 33 34 -Aa 36 Introduced by: Temp. # 2205 Rev. 7/21 83 CITY OF TAMARAC, FLORIDA RESOLUTION NO. ,e. 3 -,mac(. A RESOLUTION APPROVING AND ACCEPTING AN Ate! CANCELLING TWO COVENANTS AND RESTRICTIONS AND CONFIRMING A THIRD WITH RESPECT TO PARCELS OF LAND OWNED BY INTER'IRES N.V., A rT._ nMMANDS ANTILLES CORPORATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Summit Bank on May 5, 1978 encumbered certain land by it with covenants'and restrictions; and WHEREAS, the present owners of a portion of said parcel, INfERTRES N.V., A Netherlands Antilles corporation, mortgagee, NORTH CAROLINA NATIONAL BANK and the CITY OF TAMARAC, a. Florida corporation, have agreed that two of these covenants and restrictions will be cancelled and one covenant and restriction will be confirmed; and WHEREAS, an Agreement has been prepared to effectuate that Agreement and a copy of said Agreement is attached hereto as Exhibit "A" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 011nmMmagam��:� SECTION 1: That the Agreement cancelling certain covenants and restrictions and confirming another, executed by the authorized officials of INTERTRES N.V., A Netherlands Antilles corporation, NORTH CAROLINA NATIONAL BANK and the CITY OF TAMARAC is hereby approved and accepted. SECTION 2: This Resolution shall become effective upon adoption. PASSED, APPROVED AND ADOPTED this �day of 1983. ATTEST: O ASSISTANT' CITY I HEREBY CERTIFY that I have approved MAYOR: the fo=coress ofthis RESOLUTION DISTRICT DISTRICT DISTRICT CITY ATTOFTY DISTRICT RECORD OF COUNCIL VOTE n �� � �•� f3 I I w �,,plo AGRE©►ENr CANCELLING CERTAIN COVENANTS AMID RWIRICFIONS THIS ACREEMERr made this day of 1983, by and between the CITY OF TAMARAC, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City"; INMRTRES N.V. , a Netherlands Antilles corporation, referred to herein- after as the "Corporation"; and NORTH CAROLINA NATIONAL BANK, formerly }mown as SUMMIT BANK and GUIFSTRE.AM BAH hereinafter referred to as the "13ank� � . W-I-T-N-E-S-S-E-T-H-: WHEREAS, the "Corporation" is owner of certain property located in Broward County, Florida, more particularly described in Exhibit"A", attached hereto; and WHEREAS, the parcel described in Exhibit "A" is encumbered by a Declaration of Covenants and Restrictions dated the 5th day of May, 1978 and recorded in the Official Records of Broward County at Book 8066, Page 119; WHEREAS, the "Corporation" and the "City", by this instrument, intend to cancel two (2) of the covenants and restrictions contained in the instrument dated the 5th day of May, 1978 and confirm a third covenant and restriction in said Agreement; and WHEREAS, the mortgagee, NORTH CAROLINA NATIONAL BANK, has no objection to the cancellation and confirmation. 1. The parties to this Agreement agree that the following covenants and restrictions are hereby cancelled and are to be hence forth null and void with respect to the parcel in Exhibit "A" attached hereto: The subject property referred to herein shall not be used for the operation of a "strip camiercial retail shopping center" as herein- after 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. 2. The parties to this Agreement agree that the following covenant and restriction is confirmed: 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. 3. That this Agreement shall be recorded in the Public Records of Broward County, Florida, and shall be binding on all of the parties having any right, title or interest in the described property or any part thereof, their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year noted under their respective signatures. ATTEST: ATTEST: CITY OF TAMARAC By - MAYOR This day of 1983 By MANAGER This day of 1983 4 WITNESS WITNESS WITNESS WITNESS I Ili' If. •� "��� � � � \I a This day of , 1983 NORTH CAROLINA NATIONAL BANK Gil This day of , 1983 CITY OF TAMARAC Ual This day __of _ ,1983 STATE OF FLORIDA ) COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, persknown and onally appeared wn to me to be a person w o execu e e orego ng instrument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the State and County last aforesaid, this • My Commission Expires: STATE OF FLORIDA COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , to me known and known to me to be -the person who executed e foregoing ns rument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the State and County last aforesaid, this My Commission Expires: STATE OF FLORIDA COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , to me known and known to me to be a person w o executed e foregoing Instrument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the State and County last aforesaid, this • Nay Commission Expires: I STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , to me known and known to me to be the person who executed the oregoing 5ns rument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the State and County last aforesaid, this Nay Commission Expires: 1 1 . P 0 , v% .i, 4 L 1 . ,�.1�LLI".�...a 4•J vv .: r• b L -11 k 1- ^ 47-2 441 0 N • 1 1 �'Lu y Q) Yi ih I ;o 4 � � 5.3 °! t SK C`H A= DE SCRIIZICYL; h 5- Crk,)V 9 -a9 J1 A portion of Section 9. Township 49 South. Urge 41 East, PORT IAUDERWUX' TRUCK FAIMS, an recorded in plat Book 4. Page 31, of the public records of $toward County. Florida, more fully described as follows: Crrcmonce at the Southeast corner of said Feet ction 9; thence Worth 0' 00' 56" West. along the East line of said Section 9. 1551.18 to a point; thence Worth 88' 59' 24" Vest, 53.01 feet to the point of Beginning of this description;81 thence continue North 88' 59' 24" west 465.55 feet; thence North 0' 00' 56" west. feet; thence South 88' 59' 24" Fast. 441.00 feet to the point of curvature of a circular curve to the rir,ht; 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'- %6" Peat. parallel with and 53 feet Vast of. as measured at right angles to the East line of -said Section 9. 564.25 feet to the Paint of Beginning. Said land situate. lying, and being in the City of Tamarac. Broward County. Florida. nd containing 6.289 acres more or less. Certified correct. Dated at Port Lauderdale. Florida. this 5th day of Dctober. 1977.� HdAU HLIN ZMDMERINC CO. Tot a t>roeK OF @ NARC aomy. Roam ¢RAHAM W. WATT �..... �'` puwygag tared Land Survayo No. 2021 h Sta a of Florida FIELD lIUOK No. DRAIAN BY JOB Oltnk:x No. fife. CHECKILD BY