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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. 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