HomeMy WebLinkAboutCity of Tamarac Resolution R-89-3171
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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
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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.
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Notar lic
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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.
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Notar lic
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(_ 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/
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otary Public
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