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Home My WebLink AboutCity of Tamarac Resolution R-89-2551 2 1 2 3 4 5 6 Temp. Reso. #5563 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 89. }5€ A RESOLUTION ACCEPTING A DECLARATION OF COVENANTS AND RESTRICTIONS OFFERED BY FUNDAMENTAL HOPKINS EASTON NO. tL, rNC., FOR THE VTSUAL GRAPHTCS CORPORATION PARK PROPERTY LOCATED AT THE INTERSECTION OF COMMERCIAL BOULEVARD AND N.W. 94 AVENUE' AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Declaration of Covenants and Restrictions offered by Fundamental Hopkins-Easton No. LL, Inc. concerning restriction of gas stations from being built on a 4-acre site identified as Visual Graphics Corporation Park at the intersection of Commercial Boulevard and N.W. 94 Avenue, is hereby accepted, a copy of said Declaration being attached hereto as rrExhibit 1". SECTION 2:That the City Clerk is hereby authorized and 9 10 11 t2 13 14 15 16 t7 18 2t 22 23 24 25 26 27 28 29 30 immediately upon adoption. T_ PASSED, ADOPTED AND APPRoVED thisi-7 day of 1989. ATTEST: A. EVANS CITY CLERK 1 HEREBY CERTIFY that I haveapproved this RESOLUTION asto form. RICHARD CITY ATTO NORMAN ABRAMOWITZ MAYOR RECORD OT OOUNCIL VOTE MAYOR DISTRICT 1: DISTRICT 2: DISTRICT 3: DISTRICT 4: C/M ROHR ,C/MSTilAER -7"4'E V/M BEN3 3 I 33 34 35 directed to record said Declaration in the public records of Broward County, Florida. SECTION 3: This Resolution sha11 become effective Wl-" I l, DECLARATION OF COVENANTS AND RESTRICTIONS KNOV ALL MEN BY THESE PRESENTS: that the Undersigned, FUNDAMENTAL HOPKINS EASTON NO. ll, Ltd., a Florida Limited Partnership, (therrDeclarant"), being the title holder of record of the following described property (the "Property") located in Tamarac, Broward County, Florida, to-wit: A PORTION OF PARCEL ''A", "V.G.C. PARK", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 109, PAGE 7 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST oNE-QUARTER (SE 1/4) CORNER OF SECTION 8, TOWNSHTP 49 SOUTH, RANGE 41 EAST; THENCE NORTH Otoz5'tg" WEST ALONG THE EAST LINE OF THE SOUTHWEST ONE-QUARTER (SW l/4) OF SArD SECTION 8, A DISTANCE OF 85.8 FEET TO THE POINT OF BEGINNING; THF,NCE SOUTH 44004'52" WEST ALONG THE SOUTH LINE OF SAID PARCEL ''A'"A DISTANCE OF 35.67 FEET; THENCE SOUTH 89036'03" WEST ALONG SAID SOUTH LINE OF PARCEL "A", A DESTANCE OF 196.02 FEET; THENCE S9UTH 830)3'2)" EAST, A DiSTANCE OF LOO.72 FEET; THENCE SOUTH 89036'03'' WEST ALONG' A LINE Lz.N FEET NORTH'OF AND PARALLEL WITH SAID SOUTH LINE OF PARCEL II5II, A DISTANCE OF 267.00 FEET TO A POINT ON A LINE 588.38 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID PARCEL IIAII. THENCE NoRTH g1o25r19rr WEST ALoNG sArD PARALLEL LINE, A DISfANCE oF tt8.24 FEET; THENCE NORTH 4IoI5'57" EAST, A DIS1ANCE OF 151.84 FEET TO A POINT ON A LINE 25I.I2 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID PARCEL IIAII. THENCE NORTH 39o35rg3rr EAST ALoNG SAID eARALLEL LINE, n otsrnNcE oF 90.00 FEET TO A POINT ON A LINE 388.4I FEET WEST OF AND PARALLEL VITH THE EAST LINE OF SAID PARCEL "A"I THENCE NORTH 01026'19" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 97.37 FEET TO A POINT ON A LINE 348.48 FEET NORTH OF AND PARALLEL WITH THEsouTH LINE OF SAID PARCEL "A"; THENCE NORTH 99036'03" EAST ALONG SAID PARALLEL LrNE, A DISTANCE OF 388.48 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL ''A,I1 THENCE SOUTH olo26,L9., EAST ALONG SAID EAST LINE, A DISTANCE OF 32).08 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINING 174,784 FEET (4.0I ACRE), MORE OR LESS. THE ABOVE DESCRIBED PROPERTY IS ALSO KNOWN AS PARCEL IIEII AND PARCEL ''D'' OF V.G.C. PARK REPLAT, A SUBDIVISION BEINGRECORDED IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. voluntarily ma.[e! the following Declaration of Covenants and Restrictions covering theProperty, specifying that this Declaration of Covenants and Restrictions shall constitlte acovenant running with the land and that this Document shall be binding upon theDeclarant and upon all persons deriving or taking title through the DeclarJnt.- These restrictions, during their lifetime, shall be for the benefit of the City of Tamarac, Florida. "f,FH,1,t0-g?,e$ The Property shall be subject to the following covenants and restrictions: The subject property shall be limited to the present and future uses permitted under the City of Tamarac Zoning District B-3 General Business, with the exception of the following B-3 General Business uses: GAS STATION 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 arJ recorded in the Public Recordsof Broward County, Florida. This Declaration of Covenants and Restrictions may be I (,- gg-){{ amended or removed only by the City of Tamarac, Florida, or such other governmental entity or agency having zoning jurisdiction over the subject prcperty, by a written document of equal formality and dignity and with the approval of the Declarant or its successors in title or assigns and adoption of an appropriate resolution.- Any _amendmentto this Declaration of Coienants and Restrictions or termination thereof shall be recorded in the Public Records of Broward County, Florida. 1. Invalidation of any one portion of this Declaration of Covenants and Restriction or any portion of this document by judgment or court order in no way shall affect any other provisions which shall remain in full force and effect. 4. This Declaration of Covenants and Restrictions is executed for the purpose of protecting the health, safety and welfare of the occupants of the above described lands. IN VITNESS WHEREOF. the Declarant has executed this Declaration of Covenants and Restrictions tnis /7 day ot September, 1989. Sigped in thepresence of: \:^:,i, ,r(, et"t'i.r-/ FUNDAMENTAL HOPKINS-EASTON NO. 11, LTD. By:DAMENTAL HOPKINS-EASTONFUN NO. By: 1l'IN ,/*'e+ (SEAL), ,r.' ,k t and By:MATHESON ENTERPRISE MANAGEMENT, IN nt Its neraI Partners STATE OF FLORIDA ) )ss' couNTY oF BROWARD ) On this llH)a^y of September, I989, personally appared before me, an officer duly authorized to take'acknowledgments, EDWARD W. EASTON as known to me to be the person described in and who executed the foregoing Declaration of Covenants and Restrictions, and who acknowledged before me that he executed the said instrument for the purposes stated therein as President of Fundamental Hopkins-Easton No. 11, Inc., aFlorida corporation, a General Partner of Declarant. My Cdt0Tttsdut tE,ryirresr r I onror .rr t lf6t My c0MMtSStoti ExptREs ApRfl. 21,, tggtr B OND ED THRU HU CI(I. EB E.rRY t rIEO&[r[3 AL) ,e at Large STATE OF FLORIDA ) )ss' COUNTY OF BROWARD ) On this /AO day of September, 1989, personally appareci before me, an officer duly authorized to take acknowledgments, FINLAY B. MATHESON as known to me to be the person described in and who executed the foregoing Declaration of Covenants and Restrictions, and who acknowledged before me that he executed the said instrument for the purposes stated therein as President of Matheson Enterprise Management, Inc., aFlorida corporation, a General Partner of Declarant. My Commission Expires: NOTARY PUILIC, STATE OF FLORIDA.MY COfili\llSStON EXplilES: MAy S, t 99 3.o TH /hrZL*l ,b,ruF Notary Pu6na;Siate ofFloii=ila at Large fhi6 lnttrument Was PrePared $ DONALD S. ROSENBERG' OF rrsri"B{:Ro, REISMAN and slEl}t Atbfncy. 260o AmeriFirst Bui ldittg One S.E. Third Avanut Miami, Florida 33131 80N OE -2- (SEAL) /(- : ' -