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Home My WebLink AboutCity of Tamarac Resolution R-77-202Introduced by:I/ Temp . # 9/� CITY OF TAMARAC, FLORIDA RESOLUTION NO. R �7�..... A RESOLUTION APPROVING A "COVENANT AND AGREEMENT" EXECUTED BY S I DNEY LEFCOURT , WARREN JAMES OROVITZ, AS TRUSTEES AND HOLLYWOOD STEAK ENTERPRISES, INC. WHEREAS, S. Lefcourt/W. J. Orovitz, Trustees and Hollywood Steak Enterprises, Inc. have executed a "Covenant and Agreement" permitting Hollywood Steak Enterprises D/B/A Tamarac Steak Enterprises to use property owned by S. Lefcourt and W. J. Orovitz for driveway and cross -parking purposes, and WHEREAS, the City Council wishes to approve said covenant. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the "Covenant and Agreement", dated November 15, 1977 executed by Sidney Lefcourt/Warren James Orovitz, as Trustees and Hollywood Steak Enterprises, Inc. for use of land owned by S. Lefcourt/ W. J. Orovitz for driveways and cross -parking purposes is hereby approved. PASSED, ADOPTED AND APPROVED this _day of , ATTEST: Qj.d( ;(--C I TRY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. O CITY -ATTORNEY 1977. RECORD Of COUNCIL VOTE MAYOR W. FALCN Q'- VIM H. MASSARO, CjM M. WEINBERGER ciM i. M. DISRAEU.Y CAM M. KLIKR I I I T7 M i' n' 77 77m2855o5 COVENANT AND AGREEMENT THIS COVENANT AND AGREEHENT instrument,, made aid entered into this da of November 19771 Y by and between SIDNEY LEFCOURT and WARREN JAMES OROVITZ , AS TRUSTEE-S-, of the 6400 S.W. 120 Street, Miami, Fla. 33156 County of Dade and' State of Florida, herein called "FIRST PAR- TIES", and HOLLYWOOD STEAK ENTERPRISES, INCORPORATED, a Florida . c/o Robt . Zack, 2404 N.E. 9th Street, Ft. Lauderdale, Fla. corporation, -with its principal office in Broward County, Florida, herein called "SECOND PARTY"; WITNESSETH: WHEREAS, FIRST PARTIES are the owners of that cer- tain property situate, lying and being in Broward County, Florida, as particularly described in Leal Description here- p to to attached and expressly made a part hereof as EXHIBIT "A" hereto, and which property is designated, for the purposes Is C' _ _ _ y. `� .1.. 1 �, F �!�� . -,C �` • 1 1 �]i ii'..'�� 1 y{ r. + w. 1 y1 .� `�� (,�� ► i� �/► e ' a } y I • 1�r� d i e �..% .�,� , �� ar i �.� \.% it .ice ti 1 A .i. V 1. i ��J� .1 �i,. j �.✓ e 1 i �.. a .�.. .L .� o p we l •4. , d1t WHEREAS, SECOND PARTY is the owner of a portion of the overall Shopping Center property, as evidenced by Deeds now recorded in the Public Records of Broward County, Florida; and, WHEREAS, the parties hereto have heretofore entered into a Covenant and Agreement, providin for cross- arkinf and providing p g the mutual use of driveways adjacent and abutting the property owned by SECOND PARTY, which Covenant and Agreement was recorded in Official Records Book 7120, at Page 280, Broward County Rec- ords, and which Covenant and Agreement was modified by Instrument recorded in Official Is C' _ _ _ y. `� .1.. 1 �, F �!�� . -,C �` • 1 1 �]i ii'..'�� 1 y{ r. + w. 1 y1 .� `�� (,�� ► i� �/► e ' a } y I • 1�r� d i e �..% .�,� , �� ar i �.� \.% it .ice ti 1 A .i. V 1. i ��J� .1 �i,. j �.✓ e 1 i �.. a .�.. .L .� o p we l •4. , d1t WHEREAS, SECOND PARTY is the owner of a portion of the overall Shopping Center property, as evidenced by Deeds now recorded in the Public Records of Broward County, Florida; and, WHEREAS, the parties hereto have heretofore entered into a Covenant and Agreement, providin for cross- arkinf and providing p g the mutual use of driveways adjacent and abutting the property owned by SECOND PARTY, which Covenant and Agreement was recorded in Official Records Book 7120, at Page 280, Broward County Rec- ords, and which Covenant and Agreement was modified by Instrument recorded in Official Records Book 7.187, at Page 563, Broward County Records, which Covenant and Modification are b reference Y incorporated herein; and, -Page One - rn LP ;00 P1-" pon GN M tn 1 r � I ' � f WHEREAS, the parties wish to confirm that SECOND PARTY has the right to use the adjacent and abutting driveways in the overall Shopping Center development, as a covenant run- ning with the land; NOW, THEREFORE, the premises considered,.and in con- sideration of the mutual benefits to the parties hereto, the parties do mutually covenant and agree as follows: 1. The owners of the HOLLYWOOD STEAK ENTERPRISES Property, their licensees, invitees, successors and assigns, as well as TAMARAC STEAK ENTERPRISES, INCORPORATED, shall have the right to use the driveways adjacent and abutting the HOLLY - WOOD STEAK ENTERPRISES Property, although said driveways are contained within the adjacent Shopping Center property. 2. The provisions herein shall be and constitute a covenant running with the land, and shall be binding upon the parties hereto, as owners of their respect -iv(. Properties, and binding upon their successors, assigns and, further, upon TAMARAC STEAK ENTERPRISES, INCORPORATED 3 . This COVENANT AND AGREEPIENT shall be placed of record in the Public Records of Broward County, Florida, to 1 evidence the same as a covenant running with the land. IN WITNESS WHEREOF, FIRST PARTIES have hereunto -set their hands and seals, and SECOND PARTY has caused these pres- ents to be executed in its name by its duly authorized executive officer, as of the day and year first herein set forth. Signed, sealed and delivered in t presence of: A I to FF' )_ 7 Ell ttl T PARTIES 0. a to SECOND PARTY m o rn-im 'Can WARREN JA S OROVIT , AS tjRUSTF401t'"��,,�, FIRST RTIES ` +r+,. •• pig 'i�r e '.- _n HOLLYWOOD STEAK ENTE RP R I SESty ; (Aplro E � k r ;a B Preside Attest: [SEAL ] ...Pil rfr % TX,7n- 'As'S_i s t ant Se�5yetary I J s LJ STATE OF FLORIDA COUNTY OF DADE ) SS: Before me, the undersigned authority, personally appeared S IDNEY LEFCOURT and WARREN DAMES OROVITZ , AS TRUSTEES, to me known to be the individuals who executed the foregoing Covenant and Agreement, and acknowledged before me that they executed the same freely and voluntarily, for the purposes therein expressed WITNESS my hand and official seat at Miami, Dade County, Florida, this day of November, 1977R f -.,.TARY • ♦ y r� y r i •� �0 if . 0 a J STATE OF FLORIDA COUNTY OF DADS ) SS: otary Public State of Flor My C O r s o _eX _Z e�S torgor I • - ;da�r� ,Ya3 i, 1979 awci Cl� Col Bonder uy Anicrican fir: 6 Y Before me, the undersigned authority, personally appeared �. , '. Cr :�� : !� and ` :.. Z Act(- as President ana"' Secretary,respectively, p y, of HOLL171-100D STEM` ENTERPRISES, INCORPORATED, a F for i da cor- poration, and acknowledged before me that. they executed the foregoing Covenant and Agreement in their capacity as such Officers, for the purposes therein expressed, and that the said instrument is the act and deed of the aforesaid corpora- tion. a at Large WITNESS my hand and of 'cial seal at Fort Lauderdale, Broward County, Florida, this day of November, 1977, • r 1 1 , No ary Public . tate of Florid at.. Large •t y Commission expires: IhAty Commission Expires Nov. 3, 1980 _ Bonded By American Fire & Casualty. Cornpaay, - ,-* • • "Y4 -Page Three - 0 �r . M L9� ,. • • • '• •• Lf"G. L llI�SC I 'V • • • • • • • • • _...r _.. • 1� - yr �: n Of Tracts �- • �, �.0, �..� and J.G, F4ZT IZMS �UJ3DI VIS:r_oa o z cc -- u t1l , Rancgc 41 East, a1zlSv )accorded in t Book ' 4, Pace 31 of t-he P03lic Recordzc,; 0-f .3r. 0 1a rd County, Florida, •• being inox•e part�.Cu�. _Particularly described as fo�..ows: • OV = • Catam e n c i n g at the _ . Southea.�- �f. corner of said :. S ec t i 0n 9 - thence INT-00 001 56 • • S�, along the . ''fast line of said Sec • tion 9, a distance of . 1431-.16 feet; - ... o � �� thence N 88 59 24 •- j�l ar • �. e �. �1 ` � p a �. a. th the . South le of said Section 9 • •t �.s tan ce � � a�. 53.01 feet to the Point ' • t of Beg a.n-- . n�.n of ' �- • g th►�.� descri ,.�.on- • •- 0 p , thence continuing • along the lanst described - :• .0�.I1101 a d�.stance of 18,66o99 feet; thence = ' . se-00 00' 56" --, :. • Parallel with and 60 feet • • East or- as measure right: d a t rign angles to the • �. �.ine of the E 1 2 s• •, . • / Of Tracts 10 and .. a d - _ - �-5 . .stance of 972. �.3 feet _ o • fence S �8 5g � # 24"-.E, a '• dista . nce of 18d1o54 feet to a notnt .af curve; thence Eas - T �. terly and % or �.her�. • . . �� • • •• •• • • �.ong :..,A Y•c o • • • ' • _ a-- a circular curve to the • , havi n a radius of 2 f �, _ • • 5 eet, an ar* c . • • _ reef. �h�nce ��;-.po pp � 56 � • . ..• , --, para�.eh %oith and .. •: 3 eet j lest oz , as • $-Treasured -a right angles - ...... _ ... -Of said • g to, the East 14ne •• ' •-• Section 9, a d, stance • = • of 046.68 f e e •tt� �fhe Po � n�- of Bear. •• nning, subject to t, u �.1 ity. �asement over .and across t - . s "• he East 20 fee . thereof,tContaining 41,65 acres •. •. •, . more oSS, . •,;LESS AND -E��CEPT��.G from the _ • • • .above' describe.d brooerty• .• . ,t• he.. folio win • ,. po• r•tion•• .th-e• re o•.f.tow.� • • .• • •i• • • • . • -• .�• G. • • . . • - • • 00. . •r N...yI. ••..• A parcel, of land 'in Tr • • - act 26, Secta.on 9, Township . 49 South Ran • Range 41 East, FORT LAUDERDALE T `A %IS . as rec TRUC♦-� ..-- _.. recorded in Plat Boob 4 Pa �� count Records. � Page 31, 8ro��tard .�-� • � ras, saki parcel. beingde �� folloWs : COZ-f T414 E at scribed as - the Southeast corner f ..a • Suction 9 ; T�iENCE o_ said on a Florida State Plane Coo ' Sys tr.1 �Eas L. gone) grid • rdznate � g d bearing of N• 010 1 "� tic • a�.ong the East line 26 2 7 W. • ne of said Section g a d• -o ' �-59.07 ,feet to the distance of `a • North, right--of-wa 57t}� Street; T y line of N.W. � w THENCE S. 89 ° 35' l0" W - � • right-of-way t-of-- along the said North r g Way line a distance- o � • , to the POINT f �B5.00 feet Z1►T Off' BEGZ1i�lIi�G; Tri.E�IC� • 3.5�,p «, a T � • continue S. 390 ' 1.on the • g said worth ri -. - - , • a dicta ght of �ti ay line distance of 305.00 feet; THEtiTCr% �jA.J , o along a linee parallel ' l. 41. 2 5 2 ? W. p l with the said East' Sect�.on � ,a distance line of •35, ance of 460.00 feet; T11'PNC�' N 4b 8 9oE'11 7vr along a line paxallel with the said North r'911 t--o f---way line �o of N.W. 57th Street 305.00 feet- a dIstance of T�iENc S, 010 2 5 2. .� E • along a line ,_ the sa�.d East line . • y �-allce of _ of Scct�on g a d�.s-- 460.00 feet to e .I' th .• Sa�.d ).an • � POINT-0 . OF �F:GIN s1�1YG ituate %vithin t 1le Cit - r ' it A rd Cotl t1 �,. y of ral�i � 2, �1 � Foote` tcr. cs, 11101. e oi.- �Cr•r 14 .0" 'Ab -.0 &J L 4..Q Ala' r' A,5-T Itl 610z 12- -r/,01, I)V,1 e1101000VC1-r No Text