HomeMy WebLinkAboutCity of Tamarac Resolution R-91-101Temp. Reso. #6067
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-91- l
A RESOLUTION APPROVING A DECLARATION OF
COVENANTS AND RESTRICTIONS WITH MEYER
INVESTMENT COMPANY, CHICAGO MILL AND
LUMBER COMPANY AND F.L.P. TRUSTS NOS.
10-17 AND 19-21; PERTAINING TO USES AND
MAINTENANCE REQUIREMENTS OF PROPERTY
PLATTED AS LAND SECTION 6 NORTH, AND
PROVIDING AN EFFECTIVE _DATE -
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION .1:, That the City Council hereby approves a
Declaration of Covenants and Restrictions with Meyer Investment
Company, Chicago Mill and Lumber Company and F.L.P. Trusts Nos.
10-17 and 19-21, pertaining to uses and maintenance requirements of
property platted as Land Section 6 North, a copy of said document
being attached hereto as Exhibit 1.
SECTION 2 That the City Clerk is hereby authorized and
directed to record said document in the public records of Broward
County, Florida.
SECTION 3: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED thiso? day of 1 ' , 1991.
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ATTEST:
CAROL A. EVANS
CITY CLERK
3d
I HEREBY CERTIFY that I have
�9 approved this Resolution as
to form.
-.... _ _ . _. _. _.. _ _. _
ALAN F. OF
CITY ATTORNEY
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3S
RECORD OF COUNCIL: VATS
MAYOR ABRAMOW TZ
DISTRICT 1: C M KATZ
DISTRICT 2: ?b4 QI i1j�AArJN
DISTRICT3: O/W OILASSER
DISTRICT4: _V/M MENDER
M
DECLARATION OF COVENANTS AND RESTRICTIQNS
10 OF
LAND SECTION 6 NORTH
THIS DECLARATION OF COVENANTS AND RESTRICTIONS OF Land Section
6, Tamarac, Florida is made this Ag704 day of
1991 by Meyer Investment Company (not Inc.), an Illinois
partnership, Chicago Mill and Lumber Company, an Illinois
partnership, and F.L.P. Trusts Nos. 10-17 and 19-21 ("DECLARANT").
DECLARATION is the owner of the SUBJECT PROPERTY (as described
on Exhibit "A") and intends to develop the SUBJECT PROPERTY
consistent with the City of Tamarac, Florida (hereinafter referred
to as the "CITY"), Planned Apartment District RM-10 zoning
classification as defined in the CITY'S zoning code, in effect as
• of the date of this DECLARATION.
The purpose of this DECLARATION is to provide various use and
maintenance requirements and restrictions to protect and preserve
the SUBJECT PROPERTY.
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NOW, THEREFORE, DECLARANT hereby declares that the SUBJECT
PROPERTY, as herein defined, and such additions as may hereafter
be made pursuant to the terms of this DECLARATION shall be held,
sold, conveyed, leased, mortgaged and otherwise dealt with subject
to the casements, covenants, conditions, restrictions,
reservations, liens, and charges set forth herein, all of which are
created in the best interest of the owners of the SUBJECT PROPERTY,
and which shall run with the SUBJECT PROPERTY and shall be binding
upon all persons having and/or acquiring any right, title or
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interest in the SUBJECT PROPERTY or any portion thereof, and shall
inure to the benef it of each and every person from time to time
owning or holding an interest in the SUBJECT PROPERTY, or any
portion thereof.
1. DEFINITIONS
The terms used in the DECLARATION shall, have the
following meanings unless the context otherwise requires:
1.1 CITY means the City of Tamarac, Florida.
1.2 CODE OF ORDINANCES means the Code of Ordinances of
the City of Tamarac, Florida in effect as of the date of this
DECLARATION.
1.3 DECLARANT means the person executing this
DECLARATION, or any PERSON who may be assigned the rights of
• DECLARANT pursuant to a written assignment executed by the then
present DECLARANT recorded in public records of the county in which
the SUBJECT PROPERTY is located. In addition, in the event any
PERSON who obtains title to all or any portion thereof of the
SUBJECT PROPERTY then owned by DECLARANT as a result of foreclosure
of any mortgage or deed in lieu thereof, such PERSON may elect to
become the DECLARANT by a written election recorded in the public
records of the county in which the SUBJECT PROPERTY is located, and
regardless of the exercise of such election, such PERSON may
appoint as DECLARANT any third party who acquires title to all or
any portion of the SUBJECT PROPERTY by written appointment recorded
in the public records recorded in the county in which the SUBJECT
PROPERTY is located. In any event, any subsequent DECLARANT shall
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not be liable for defaults in any obligations incurred by any prior
DECLARANT except as same may be expressly assumed by the subsequent
DECLARANT.
1.4 DECLARATION means this document as it may be amended
from time to time.
1.5 PLANNED APARTMENT DISTRICT, RM-10 means that certain
Zoning, Purposes, Permitted Uses, Limitations on Uses, Height, Plat
-Size, and Yards as more specifically set forth in the CITY ZONING
CODE in effect as of the date of this DECLARATION.
1.6 OWNER means the record owners of the fee title to
all or any portion of the SUBJECT PROPERTY.
1.7 PERSON means an individual, corporation,
partnership, trust or any other legal entity.
2. USE RESTRICTIONS
THE SUBJECT PROPERTY shall be limited to those uses
permitted in the CITY'S RM-10 zoning classification subject to the
following condition: No residential unit constructed on the
SUBJECT PROPERTY shall contain less than a minimum net floor area
of eight hundred (800) square feet.
3. TERM OF DECLARATION
The foregoing covenant, condition, reservation, and
restriction shall run with the land and continue and remain in full
force and effect at all times as against all OWNERS, their
successors, heirs, or assigns, regardless of how the OWNERS acquire
title for a period of twenty-five (25) years from the date of the
DECLARATION, unless within such time, one hundred percent (100%)
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of the OWNERS and the CITY execute a written instrument declaring
a termination of this DECLARATION (as it may have been amended from
time to time) . After such twenty --five (25) year period, unless
sooner terminated as provided for herein, these covenants,
conditions, reservations and restrictions shall be automatically
extended for successive periods of ten (10) years each. Any
termination of this DECLARATION shall be effective on the date the
instrument of termination is recorded in the public records of the
county in which the SUBJECT PROPERTY is located, provided, however,
that any such instrument, in order to be effective, must be
approved in writing and signed by the DECLARANT so long as the
DECLARANT owns all or any portion of the SUBJECT PROPERTY, and must
be approved in writing and signed by the CITY.
40 4. AMENDMENT
4.1 This DECLARATION may be amended upon the approval
of not less than two-thirds of the OWNERS to be determined by
acreage of the SUBJECT PROPERTY and not by the number of OWNERS,
provided said amendment is approved in writing and signed by the
CITY. In addition, so long as the DECLARANT owns any portion of
the SUBJECT PROPERTY, this DECLARATION may be amended from time to
time by DECLARANT with the written consent of the CITY and, if
applicable, any OWNER, and no amendment may be made by the OWNERS
without the written joinder of DECLARANT and the CITY. Such right
of DECLARANT with the written consent of the CITY to amend this
DECLARATION shall specifically include but shall be limited to (a)
amendments adding any contiguous property which will be developed
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in a similar manner as the SUBJECT PROPERTY, or deleting any
property from the SUBJECT PROPERTY which will be developed
differently from the SUBJECT PROPERTY (provided that any such
amendment shall require the joinder of the OWNERS of such property
or any portion thereof if different from DECLARANT and further
provided that DECLARANT shall not have the obligation to add any
property or delete any property from the SUBJECT PROPERTY, and (b)
amendments required by any mortgage holder of governmental
authority in order to comply with the requirements of same. In
order to be effective, any amendment to this DECLARATION must be
first recorded in the public records of the county in which the
SUBJECT PROPERTY is located and such amendment shall be accompanied
by the written consent of the CITY.
is
4.2 No amendments shall discriminate against any OWNER
or class or group of OWNERS unless so affected join in the
execution which would in any way affect any of the rights,
privileges, powers or options herein provided in favor of, or
reserved to, DECLARANT, unless DECLARANT joins in the execution of
the amendment.
4.3 Notwithstanding anything contained herein to the
contrary any amendments to this DECLARATION which would affect the
permitted uses under the CITY ZONING CODE in effect as of the date
of this DECLARATION must have the prior approval of the CITY.
5. MISCELLANEOUS
5.1 Severability. The invalidation, whole or in part
of any of these covenants, conditions, reservations and
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restrictions, or any section, subsection, sentence, clause, phrase,
word or other provision of this DECLARATION shall not affect the
validity of the remaining portions which shall remain in full force
and effect.
5.2 Validity. In the event any court shall hereafter
determine that any provision as originally drafted herein violates
the rule against perpetuities, the period specified in this
DECLARATION shall not thereby become invalid, but instead shall be
reduced to the maximum period allowed under such rules of law.
5.3 Assignment of DEC„L,ARANT'S Rights. Any and all of
the rights, privileges or options provided to or reserved by
DECLARANT in this DECLARATION may be assigned by DECLARANT in whole
or in part, as to all or any portion of the SUBJECT PROPERTY, to
any person or entity pursuant to an assignment recorded in the
public records of the county in which the SUBJECT PROPERTY is
located. Any partial assignee of any of the rights of DECLARANT
shall not be deemed the DECLARANT, and shall have no other rights,
privileges or options other than are specifically assigned.
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• IN WITNESS WHEREOF, the parties have set their hands this
Ageµ day of �11.a..s� , 1991.
OWNER(S):
WITNESS: Meyer Investment Company (not
CC Inc.), an Illinois partnership
Ell e M. Hamilton .Marshal E. Elsenbe ,
1 Trustee/Partner
Karen O'Brien
STATE OF ILLINOIS )
COUNTY OF COOK )
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I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, personally appeared Marshall E. Eisenberg
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.
WITNESS my hand a d official seal in the County and State last
aforesaid this �'� day of Q� , A.D.
1991.
'' UF�ICIAL S L "
Pq g,y Ann McDermott
NOTARY PUBLIC. STAR Or ILLIN01S
Nly CCi'JI IISSION EXPIRES 8/6/94
My Commission Expires:
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Peg ', c Dermott
Notary Public
State of Illinois
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My Commission Expires:
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WITNESS:
&&V-) *IV .
L"��
Ellen M. Hamilton
Karen O'Brien
STATE OF ILLINOIS )
COUNTY OF COOK )
1) g _ 9 ! y / 0 / 1,
OWNER:
Chicago Mill and Lumber Company
an Illinois partnership
BY:
Charles E. Gerber,
Trustee/Partner
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, personally appeared Charles E. Gerber 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.
WITNESS my hand and official sP-4l in the County and State last
aforesaid this " �day of
1991.
OFFICIAL SEAL "
Pep,gy Ann McDcr:7jott
NOTARY PUBLIC, STAG OF ILL I!,;' ;S
COM
MISSION MMISSION EViRES 8:5i°^
8
A.D.
Peggy Cott.,
Notary Public
State of Illinois
0
Ellen,M. Hamilton
Karen O'Brien
STATE OF ILLINOIS
*191+1Zyw4wel • :1
if 2- 5/- to j
OWNER:
P.L.P. Trusts Nos. 10 -17 and
19-21
BY:
Charles E. Gerber,
Trustee
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, personally appeared Charles E. Gerber 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.
WITNESS my hand and official seal in the County and State last
aforesaid this a2- � day of 17C2 t , A.D.,
1991.
. LTPeg,99-y
CIAL SEAL
Ann McCerrnott peg- a Dermott
BLIC, STAT O ILLINOiSNotary Public
SiON E PIRI=S p/6,/14
State of Illinois
My Commission Expires:
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PAGE 1 OF 2
,R - 91- l o f„
LAND SECTION 6 NORTH
SURVEY NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN
EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS,
OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE FLORIDA COORDINATE SYSTEM EAST
ZONE, GRID NORTH, TRANSVERSE MERCATOR PROJECTION (STONER/KEITH RESURVEY
AS RECORDED IN MISC. PLAT BOOK 3, PAGE 44, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA).
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. MU AK27CH =U M =277nff ® FICE &a
LAND DESCRIPTI-CON:
A PORTION OF THE WEST ONE-HALF (W 1/2) OF SECTION 6, TOWNSHIP 49 SOUTH, RANGE
41 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE -QUARTER (NW 1/4) OF
SAID SECTION 6; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST ONE -QUARTER (NW
1/4), SOUTH 890 32' 47" EAST, A DISTANCE OF 491.02 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE OF THE SAWGRASS EXPRESSWAY AS DESCRIBED IN
OFFICIAL RECORDS BOOK 12212, PAGE 477,.AND OFFICIAL RECORDS BOOK 12245, PAGE
856 OF THE PUBLIC RECORDS OF BROWARO COUNTY, FLORIDA, SAID POINT BEING THE
POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 000
13' 25" WEST, A DISTANCE OF 1374.44 FEET; THENCE NORTH 89° 46' 35" EAST, A
DISTANCE OF 202.86 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF
NORTHWEST 108TH TERRACE AS DESCRIBED IN OFFICIAL RECORDS BOOK 6260, PAGE 618
OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID POINT BEING A NON -
TANGENT POINT ON A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1240.00 FEET
(A RADIAL LINE TO SAID POINT BEARS NORTH 83° 29' 02" WEST); THENCE ALONG SAID
WESTERLY RIGHT-OF-WAY LINE,.THE FOLLOWING FOUR (4) DISTANCES: (1) SOUTHERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 06° 29' 36", A
DISTANCE OF 140.53 FEET TO A POINT OF TANGENCY; (2) THENCE SOUTH 00° 01' 22"
WEST, A DISTANCE OF 1010.18 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
ITHE WEST, HAVING A RADIUS OF 1560.00 FEET; (3) THENCE SOUTHERLY ALONG THE
C OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 060 25' 34", A DISTANCE OF
174.96 FEET TO A POINT OF TANGENCY; (4) THENCE SOUTH 060 26' 56" WEST, A
DISTANCE OF 125-93 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE,
SOUTH 890 46' 35" WEST, A DISTANCE OF 164.77 FEET TO A POINT ON AFORESAID
EASTERLY RIGHT-OF-WAY LINE OF THE SAWGRASS EXPRESSWAY; THENCE ALONG SAID
EASTERLY RIGHT-QF-WAY LINE, NORTH 000 13' 25" WEST, A DISTANCE OF 75.58 FEET
TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINING
6.331 ACRES, MORE OR LESS.
CERTIFICATE:
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON
DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND
BELIEF AS DELINEATED UNDER OUR DIRECTION IN JANUARY, 1991. WE FURTHER CERTIFY
THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 21HH-
6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA
STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
13508.Z3 KEITH AND SCHNARS, P.A.
ENGINEERS -PLANNERS -SURVEYORS
Of
BY: THOMAS GENE LUNSFORD, PLS
FLORIDA REGISTRATION NO. 4846
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