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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-194Temp. Reso. #5017 1 2 3 4 5 6 7 M. L*A 10 11 12 13 14 15 Psi 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 K#0 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. A RESOLUTION APPROVING AND ACCEPTING AN AMENDMENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS OFFERED BY COLONY WEST JOINT VENTURE PERTAINING TO PARCEL "R" OF WOODLAND LAKES, AS RECORDED IN PLAT BOOK 71, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE_DATE.� WHEREAS, on February 12, 1986 the Tamarac City Council adopted Resolution No. R-86-53 which approved a Declaration of Covenants and Restrictions offered by Colony West Joint Venture for Parcel "R" of Woodland Sakes which restricted the uses for the property by the following language: 111. The Property shall be subject to the following covenants and restrictions. (a) The subject property shall be limited to the uses permitted under, City of Tamarac Zoning District B-1, with the inclusion of the following B-2 uses: i) "Department and Dry Good Stores, 5,000 square feet gross floor area or more" ii) "Halls for Hire, special exceptions" iii) "restaurants in excess of 12,000 square feet" (b) The subject property shall contain a restaur- ant facility with a minimum gross square footage of 12,000 square feet for restaurant purposes and uses ancillary thereto;" WHEREAS, Colony West Joint Venture has requested that the Declaration referenced above be amended so as to remove the 12,000 square foot provision for restaurants so that the Declaration would read as follows: (a) The subject property shall be limited to the uses permitted under City of Tamarac Zoning ow N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 District B-1, with the inclusion of the following B-2 uses: i) "Department and Dry Good Stores, 5,000 square feet gross floor area or more" ii) "Halls for. Hire, special exceptions" iii) "restaurants" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 That the amendment to the Declaration of Covenants and Restrictions offered by Colony West Joint Venture for Parcel "R" of Woodland Lakes is HEREBY APPROVED and accepted, a copy of said Declaration is being attached hereto as Exhibit "1". SECTION 2 : The appropriate City Officials are hereby authorized to execute this document on behalf of the City. SECTION 3 This Resolution sha.11 become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED this--'_',; day of 1988. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD150ODY - CITY ATTORNEY "COLONY.WEST" 2155050588/t NORMAN ABRAMOWITZ� MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ !� . DISTRICT 1: C/M ROHR�`. DISTRICT 2: V/M STELZER DISTRICT 3: C/M HOFFMAN �F . DISTRICT 4: C/M BINDER ;'/` -2- AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS that the undersigned, COLONY WEST JOINT VENTURE (Declarant), being the title holder of record of the following described property located in Broward County, Florida, to wit: DESCRIPTION: Parcel R, WOODLAND LAKES, according to the Plat thereof, as recorded In Plat Book 71, Page 18, of the Public Records of Broward County, Florida; LESS AND EXCEPT therefrom, the following portion: Beginning at the Northeast corner of said Parcel "R"; thence North 89 01'50" West, along the South right-of-way line of McNab Road, a distance of 380.00 feet; thence South 00 58'10" West, a distance of 296.27 feet to a point on the Easterly line of said Parcel "R"; thence North 53 01'38" East, along the Easterly line of said Parcel "R", a distance of 481.85 feet to the POINT OF BEGINNING. Said lands situate lying and being In Broward County, Florida. Subject to all easements, reservations, and rights of -way of record. voluntarily makes the following Declaration of Covenants and Restrictions covering the Property, specifying that this Declaration of Covenants and Restrictions shall constitute a covenant running with the land and that this dedication shall be binding upon the Declarant and upon all persons deriving • or taking title througn the Declarant. These restrictions, during their lifetime, shall be for the benefit of the City of Tamarac, Florida. 1. The Property shall be subject to the following covenants and restrictions: (a) The subject property shall be limited to the uses permitted under City of Tamarac Zoning Dis- trict B-1, with the Inclusion of the following B-2 uses: I) "Department and Dry Good Stores, 5,000 square feet gross floor area or more" 11) "Halls for Hire, special exceptions" III) "restaurants$$ EXHIBIT "I" (( kwo� I/ 2. These covenants and restrictions are to run with the land and shall be binding upon all parties and persons deriving or taking title through the Declarant 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 Covenants and Restrictions may be amended 0 or removed only by the City of Tamarac, Florida by a written document of equal formality and dignity and with the approval of the Declarant or Its sucessors in title or assigns after holding the requisite advertised public hearing and adoption of an appropriate resolution. Any amendment to this Declara- tlon of Covenants and Restrictions or termination thereof shall be recorded in the Public Records of Broward County, Florida. 3. Invalidation of any one portion of this Declaration of Covenants and Restrictions or any portion of this document by Judgement or court order In no wise shall affect any other prowisIcris which shah remain in fuI; force and effect. 4. This Revised Declaration of Covenants and Restric- tions is executed for the purpose of protecting the health, safety and welfare of the occupants of the above described lands. 0 IN WITNESS, the undersigned hereby place their hands and seals this le day of ,liL 1988. WITNESS or ATTEST: PROV I NCE OF Qw.6dkG COLONY WEST JOINT V NTURE By: B & M HOLDINGS INC. Morris Feinstein, President I HEREBY CERTIFY that on this day, before me an officer • duly authorized to take acknowledgements, personally appeared /yyiP,f[S .✓ to me known to be the person described in and who executed the foregoing Instrument and he acknowledged before me that he executed the same to be true and correct to the best of his knowledge. \� ' '�W '-MESS my hand and official seal this _LY day of / j2IL: 1988. \-' MY�.'GOMM I S5 ION EXP I RES.� IN WITNESS, the undersigned hereby place their hands and 1_ sea I s th I s _LA day of A, 76(rt 1988. WITNESS or ATTEST: COrNY WES JOINT VENTURE BY: RAYRCWREALTIES, LTD. PROV 1 NCE OF Age01- I HEREBY CERTIFY that on this day, before me an officer duly authorized to take acknowledgements, personally appeared to me known to be the person de- scribed in and wrio e>:ecutaC the foregoing instrument and ne acknowledged before me that he executed the same to be true and correct to the best of his knowledge. WITNESS my hand and official seal this IF day of gptr4 1988. MY COMMISSION EXPIRES per, iv 1_191, N07 �WMi`! iSi ivd pArer IN WITNES , the under Igne hereby place their hands and seals this day of _ 1988. WITNESS or ATTEST: COLONY WEST JOINT VENTURE BY: SIFFARI JEWELRY., Larry Wenger, President � V I NCE F r,� i �C3 I HEREBY CERTIFY that on this day, before me an officer Orly authorized to take acknowledgements, personally appeared •�rNCA _ to me known to be the person describeld In and WAo execited the foregoing instrument and he acknowledged before me tt.at he executed,,the same to be true and correct to the best f hl knowledge. WITN SS my hand off clal seal this a day of 1988. NO TA. Y P 0 S L. IN Wi7NESS, the undersigned hereby place their hands and se i i s this day of — AjLW/ •• 1988. WITNESS o.- ATTEST: COLONY WEST VENTURE BY: WENGER, LTD, Irving Wenger, Chairin of the Board PROV I NCE OF auer*br I HEREBY CERTIFY that on this day,. before me an officer duly authorized to take acknowledgements, personally appeared __d?(1'AjC W62061M _ to me known to be the person de- scribed In and who execu)ed the foregoing Instrument and he acknowledged be�ore, inc that he ;xecuted the same to be true and correct to the best of his knowledge. my hand and official seal this �L day of 1988. 1 MY'4 COMMISSION EXP i REF;. FA E i DECLARATION OF COVENANTS AND RESTRICTIONS -p Mk;NAB RQAQ cr OLONY WEST N GUJB HOUSE GOLF COURSUE W►RCFL �L~ a LOCATION MAP • SCALE • wS�