Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-89-3171 2 3 4 5 6 8 i 9 10 11 24 25 26 27 28 29 30 3 3 33 34 35 Temp. Reso. #5614 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--89- ,-3/7 A RESOLUTION ACCEPTING A DECLARATION OF COVENANTS AND RESTRICTIONS OFFERED BY TRACT 24 ASSOCIATES IN CONJUNCTION WITH PETITION #31-Z-89; A REQUEST TO REZONE LANDS AT THE SOUTHEAST CORNER OF NOB HILL ROAD AND NORTHWEST 81 STREET FROM R-3U (ROWHOUSE) TO R--4A (PLANNED APARTMENTS); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in conjunction with Petition #31-Z-89, Tract 24 Associates has submitted to the City a Declaration of Covenants and Restrictions for Tract 24. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The City Council hereby accepts the Declaration of Covenants and Restrictions offered by Tract 24 Associates in conjunction with Petition #31-Z-89, a copy of which is attached as Exhibit 1. SECTION 2: This RESOLUTION shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of 1989. &"- cc NORMAN ABRAMOWITZ MAYOR ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. d l dnA RICHARD DOOD CITY ATTORNE RECORD OF CUUNCIL VOTE MAYOR .......AORAMOWITZ DISTRICT 1: Ca-fQHR o DISTRICT 2: ._if ,.- DISTRICT 3: C/M HMA DISTRICT 4: , , V/M BENDER DECLARATION OF COVENANTS AND RESTRICTIONS TAMARAC TRACT 24 THIS DECLARATION OF COVENANTS AND RESTRICTIONS OF TAMARAC TRACT 24 is made this 3 0 day of kPOy , 1989 Aby TRACT 24 ASSOCIATES, a Florida general partnership ("DECLARANT"). DECLARANT 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 (herein -- after referred to as the "CITY"), Planned Apartment District - R-4A 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 PROPERY, as herein defined, and such additions as may hereafter 0 be made pursuant to the terms of this DECLARATION shall be held, sold, conveyed, leased, mortgaged and otherwise dealt with subject to the easements, 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 interest 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. 1. DEFINITIONS The terms used in the DECLARATION shall have the following meanings unless the context otherwise requires: 1 THIS DOCUMENT PREPARED BY AND RETURN T1 Alan J. Kan, Esq. 11077 Biscayne Blvd., Penthouse Miami, Florida 33161 R-gq-31 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 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, R-4A means that certain I 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, or trust or any other legal entity. -2- g- gqq 317 2. USE RESTRICTIONS The SUBJECT PROPERTY shall be limited to those uses permitted in the CITY's R-4A zoning classification subject to the following conditions: A. No residential unit constructed on the SUBJECT PROPERTY shall contain less than a minimum net • floor area of seven hundred (700) square feet; B. No building constructed on the SUBJECT PROPERTY along property lines adjacent to N. W. 81st Street and N. W. 96th Avenue shall be more than two (2) stories (30') in height; C. Ingress and egress to and from the SUBJECT PROPERTY shall be limited to Nob Hill Road and/or N. W. 81st Street (unless emergency access is otherwise required by CITY at other locations, in which case, said access shall be limited solely to emergency vehicles). 4. TERM OF DECLARATION All of the foregoing, covenants, conditions, reservations is and restrictions shall run with the land and continue and remain in full force and effect at all time 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%) 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, -3- 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 or holds any mortgage encumbering all or any portion of the SUBJECT PROPERTY, and must be approved in writing and signed by the CITY. 5. AMENDMENT 5.1 This DECLARATION may by 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 not be limited to (a) amend- ments adding any contiguous property which will be developed in a similar manner as the SUBJECT PROPERTY, or deleting • any property from the SUBJECT PROPERTY which will be developed differently than the SUBJECT PROPERTY (provided that any such amendment shall require the joinder of the OWNERS of such property or any portion thereof if different than DECLARANT and further provided that DECLARANT shall not have the obligation to add any property or delete any property from the SUBJECT f PROPERTY, and (b) amendments required by any mortgage holder or governmental authority in order to comply with the require- ments 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. =0 CA 5.2 No amendment shall discriminate against any OWNER or class or group of OWNERS unless the OWNERS so affected join in the execution of the amendment. No amendments shall make any changes 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. 5.3 Notwithstanding anything contained herein to the contrary any amendment 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. 6. MISCELLANEOUS 6.1 Severabilit The invalidation, whole or in any part of any of these covenants, conditions, reservations and 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 0 in full force and effect. 6.2 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. 6.3 Assignment of DECLARANT's Ri hts 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 mi: 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 havt, no other rights, privileges or options other than are specifically assigned. IN WITNESS WHEREOF, DECLARANT has executed this DECLARATION this �'D day of P.0 V ► 1989. a Witnesses: � A 20 STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) TRACT 24 ASSOCIATES, a Florida general partnership By: MG Tract 24, Inc., a Florida corporation, General Managing Partner of TRACT 24 ASSOCIATES By: V V jt c Af- Moises Gor and: *M President Secretary The foregoing instrument was acknowledged before me this 3c ram-- day of 1989, by Moises Gorin and Mendel Gorin, President and Secretary respectively of MG Tract 24, Inc., General Managing Partner of TRACT 24 ASSOCIATES, a Florida general partnership on behalf of the general partnership. ,..My commission expires_:, NOTARY PUBLIC STATE OF FLORIDA MY COW-,cSION EXP. APR 19,1992 BOMB 1HRU GENFRAW INS. UNR. J ff-V f Notar lic C� a E STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) TRACT 24 ASSOCIATES, a Florida general partnership By: MG Tract 24, Inc., a Florida corporation, General Managing Partner of TRACT 24 ASSOCIATES By: V V jt c Af- Moises Gor and: *M President Secretary The foregoing instrument was acknowledged before me this 3c ram-- day of 1989, by Moises Gorin and Mendel Gorin, President and Secretary respectively of MG Tract 24, Inc., General Managing Partner of TRACT 24 ASSOCIATES, a Florida general partnership on behalf of the general partnership. ,..My commission expires_:, NOTARY PUBLIC STATE OF FLORIDA MY COW-,cSION EXP. APR 19,1992 BOMB 1HRU GENFRAW INS. UNR. J ff-V f Notar lic C� a E (_ eq-319 JOINDER OF MORTGAGEE The undersigned, being the holder of a mortgage encumbering all of the SUBJECT PROPERTY, as contained in Exhibit "A", hereby joins in and consents to the foregoing Declaration of Covenants and Restrictions of TAMARAC TRACT 24 to which this Joinder is attached. �J STATE OF OHIO ) ) SS: COUNTY OF CUYAHOGA ) OHIO SAVINGS BANK an Ohio corporation B C i ^(Z Y' . 3d Frank J. Bolognia, Senior Vice President Before me, a Notary Public in and for said County and State, personally appeared the above -named Ohio Savings Bank, an Ohio corporation, by Frank J. Bolognia, its Senior Vice President, who acknowledged to me that he did sign the foregoing instrument on behalf of said corporation and that such signing was his free act and deed, individually and as such officer. WITNESS my signature and notarial seal at Cleveland, Ohio, this day of .�(Ax /cep. , 1989 LJ My commission expires: a /99/ E v otary Public If 11 -7- g-Sq_ 3'7 N ro Oc7-is�`zxO-i-,�o,�a �t-�pa o T_�xz�0�`�om oUo rrn orh^�EZariy AA ZC) tn0 a�0 rhi D aboor"bm �a TQ cn-oemxrnirnm c�z ,z�!ymw . Aba maim �cnm r"vb,1m._Z �, =SSA yzrr,— m m7vi .�yZmnD �mOc:: �"a bin "t+�rn�o�m cncnH �mnz . ~my c.,mz.r,yb �+ Ux �•b �`"<Ao-ijmnA00Orn �bo y7Zrn�-n mom Zyp--h Zq . nrOticA„ym�rzjAZDC�4'�..mNim � m�A '[mmt7'i-InA�(.��p"'�i-4y x� Z r- rn Orn � �, x ` • • b --n f) a d O N[ A n y u a p y Z n ON. .. a0 < 7 O O a�L wbzm�z Zro 4,u�ZUud�� :�=10:0mb,m bmz:,-4Z zr"a nn=�OCx •�, Am0c,,'' Cn 1 mm n~m~aGnZmxA �oyb :x+cn ;La dM -rnlZr -i I CiQC) Cis baa V-�-<-�mapwrC�c'xrt, rnb Aco a, m��, rn (TI u-0=T'�;o-0wu°mo-4�w-4 ion pOGm7a�r`+ mnz�a��N� c�_iocn zmoAzs � m �m�t p��a0om�rmnnyr"rn th rn bz0 �zocyz�mayarmh-1rnn n�x I. cnA��bc�pClp~pmo oco l7 c�mz,4o7� m -[•�� n �vma noc:+�zo : Ray `mamcnzn~ , Ill Z m t�prn� �ryrnr~itpz � tD ��rv,-,.<(AL `�rmrnOD aON r~ti1O0'+a <c.aG W f! cn-n A `imrn c-0 OA2 u rn rnjom L cn cn m to rn k x H to H H FA 0 L�