HomeMy WebLinkAboutCity of Tamarac Resolution R-91-102Temp. Reso. #6068
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-91- f
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 SOUTH; AND
PROVIDING AN -EFFECTIVE DATE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
i0 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
24 property platted as Land Section 6 South, a copy of said document
IS being attached hereto as Exhibit 1.
SECTION--2: That the City Clerk is hereby authorized and
47 directed to record said document in the public records of Broward
is County, Florida.
1 SECTION -3: This Resolution shall become effective
2 immediately upon adoption.
PASSED, ADOPTED AND APPROVED this�a day of 1991.
26
27
28
29
30
21
24
35
ATTEST:
ROL A. EVA S
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
to form.
--ALAN F . RUF
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR ABRAKAM..ITZ
DISTRICT 1: C/M KATZ
DISTRICT 2: ON SGt-IUMANN
DISTRICT 3: GNV GLASSER
DISTRICT 4: VINI BENDER_. _
1P DECLARATION OF COVENANTS AND RESTRICTIONS
OF
AND SECTION 6 SOUTH
THIS DECLARATION OF COVENANTS AND RESTRICTIONS OF Land Section
6, Tamarac, Florida is made this 19r" day of ihLJt,
1991 by Meyer Investment Company (not Inc.), an Illinois
partnership, Chicago Mill and Lumber Company, an Illinois
partnership, and F.L.R. 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.
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 SUBJECTPROPERTY and shall be binding
upon all persons having and/or acquiring any right, title or
1
iinterest in the SUBJECT PROPERTY or any portion thereof, and shall
inure to the benefit of each and every person from time to time
owning or holding an interest in the SUBJECT PROPERTY, or any
portion thereof.
I. 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
----rer-ords _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
10 PROPERTY is located. In any event, any subsequent DECLARANT shall
V,
(tte--9/—/axis
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. jJSE RE TRICTIONS
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%)
3
It Z _ 9 / - / off,,
• 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.
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
4
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.
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
5
Ap
restrictions,
or any section, subsection, sentence,
clause, phrase,
word or other
provision of this DECLARATION shall
not affect the
U
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_DECLARAN!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.
C:
U
11 P� S/ - / doz,!
IN WITNESS WHEREOF, the parties have set their hands this
91 day of %h+G , 1991.
OWNER(S):
WITNESS: Meyer Investment company (not
Inc.), an Illinois partnership
Elle M. Hamilton Marshall
Trustee/Partner
Karen O'Brien
STATE OF ILLINOIS )
COUNTY OF COOK )
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, 9�nd official seal in the County and State last
aforesaid this „?q day of aI. A.D.,
1991. �
OFFICIAL S'AL "
Pep,gy Ann McD(;,=Ott
NOTARY PUB,
S'�A i E Cr ILI_II,CIS
MY COMMISISION EXP!R' S FI Pe Mc Dermott
Notary Public
State of Illinois
My Commission Expires:
7
. WITNESS:
.4L,1 rr) jk...� .�..y%-"
Ellen Hamilton
Karen O'Brien
STATE OF ILLINOIS )
COUNTY OF COOK )
"'R - 7/-/v)-r,
OWNER:
Chicago Mill and Lumber Company
an Illinois partnership
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 se
aforesaid this � y day of
1991.
., n.
L
AL I`nn rvlc1) rmott
C. STATE OF ILLINO!S
ON EXP IRF 0/6/114
My Commission Expires:
•
8
in the County and State last
I A.D.,
Iief
Pego', Mc Dermott
Notary Public
State of Illinois
WITNESS:
Ellen M. Hamilton
Karen O'Brien
STATE OF ILLINOIS )
COUNTY OF COOK )
t\ IR- 9/ - /o-n-ri
OWNER:
F.L.P. Trusts Nos. 10 -17 and
19-21
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 nd official se
aforesaid this day of 1
1991.
OFFICIAL- SEAL, ,.
pe 3,y Ain rr"C[D —mutt NOTARY PUC;LIC. Sir,7E T ILL1\'G15
MY CO",4MISS;O!J LXF;R S 8/6/94
My Commission Expires:
11
9
in the County and State last
A.D.,
d
Notary Public
State of Illinois
Ov A . A PAGE 1 OF 2
SURVEY NOTES: LAND SECTION 6 SOUTH
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH Ar4
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 RESURVE'v
AS RECORDED IN MISC. PLAT BOOK 3, PAGE 44, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA).
�. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. Ma 8917 = = DW8721M !g iF7111--n EMM &fi MM.
LAND QESCRIPTIQN:
A PORTION OF THE SOUTHWEST ONE —QUARTER (SW 1/4) OF SECTION 6, TOWNSHIP 49
SOUTH, RANGE 41 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST ONE —QUARTER (SW 1/4) OF
SECTION 6; THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE —QUARTER (SW 1/4)
OF SECTION 5, NORTH 890 33' 15" EAST, A DISTANCE OF 494.03 FEET; THENCE NORTH
000 13' 25" WEST, A DISTANCE OF 53.00 FEET TO A POINT ON THE NORTHERLY RIGHT—
OF—WAY LINE OF MCNAB ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 6745, PAGE
937 OF THE PUBLIC RECORDS OF BROWARO COUNTY, FLORIDA, SAID POINT BEING 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
855 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE ALONG SAID
EASTERLY RIGHT—OF—WAY LINE, NORTH 006 13' 25" WEST, A DISTANCE OF 1347.00 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EASTERLY RIGHT—OF—WAY
LINE, NORTH 000 13' 25" WEST, A DISTANCE OF 832.12 FEET; THENCE NORTH 89° 48'
48" EAST, A DISTANCE OF 57.40 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: THENCE ALONG SAID
WESTERLY RIGHT—OF—WAY LINE, SOUTH 000 110 12" EAST, A DISTANCE OF 217.07 FEET
TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS
OF 1240.00 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT—OF—WAY LINE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE), THROUGH A CENTRAL ANGLE OF 290
3' 43", A DISTANCE OF 1543.39 FEET; THENCE SOUTH 890 46' 35" WEST, A DISTANCE
OF 220.07 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINING
1.838 ACRES, MORE OR LESS.
CgRTIFICATTE:
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON
DESCRIBED PROPERTY I.S 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-
8, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA
STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
13508.Z1 KEITH AND SCHNARS, P.A.
ENGINEERS —PLANNERS —SURVEYORS
oeo 4�� 04
�.
�dP— 74..
BY: THOMAS GENE LUNSFORE), s LS
FLORIDA REGISTRATION 40. 4645
6mxlL4 (7ve5 " p1oN
A FC;rnc14 cr— : 5.w. !/+
5CG. (o,iWP. 45 S., f*s. 41 r
25xh, A
PAGE 2 of 2
(<R -5)-/off 11
Ise w
N &5°46 48
57.40'
3
,N
Z
!.01
m�
VJM-='�Y
" ums
N.W. 108" 'TRR.
IroR
�d
347220.07.
N cLTt3' 2S" W ' S eep4 ' 35" W \
L. 0' \
G NOR%MRV(wW LAWS
S.W. lcweR , 3.w Y+ / M`w�e A° \
N �P�!"a' ID"L (Ct1t E► loW�, his. 937, aG.it
NgC71'�' 25' W S. Llf�,'SM1l4
Saco' 5W. (o • 45.4
0
S"S enle
R/w uwe
�A6RAS3
�Y
1'0.5,