HomeMy WebLinkAboutCity of Tamarac Resolution R-88-194Temp. Reso. #5017
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
A RESOLUTION APPROVING AND ACCEPTING AN
AMENDMENT TO THE DECLARATION OF COVENANTS AND
RESTRICTIONS OFFERED BY COLONY WEST JOINT
VENTURE PERTAINING TO PARCEL "R" OF WOODLAND
LAKES, AS RECORDED IN PLAT BOOK 71, PAGE 18
OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE_DATE.�
WHEREAS, on February 12, 1986 the Tamarac City Council
adopted Resolution No. R-86-53 which approved a Declaration
of Covenants and Restrictions offered by Colony West Joint
Venture for Parcel "R" of Woodland Sakes which restricted the
uses for the property by the following language:
111. The Property shall be subject to the following
covenants and restrictions.
(a) The subject property shall be limited to the
uses permitted under, City of Tamarac Zoning
District B-1, with the inclusion of the
following B-2 uses:
i) "Department and Dry Good Stores,
5,000 square feet gross floor area
or more"
ii) "Halls for Hire, special exceptions"
iii) "restaurants in excess of 12,000
square feet"
(b) The subject property shall contain a restaur-
ant facility with a minimum gross square
footage of 12,000 square feet for restaurant
purposes and uses ancillary thereto;"
WHEREAS, Colony West Joint Venture has requested that
the Declaration referenced above be amended so as to remove
the 12,000 square foot provision for restaurants so that the
Declaration would read as follows:
(a) The subject property shall be limited to the
uses permitted under City of Tamarac Zoning
ow
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District B-1, with the inclusion of the
following B-2 uses:
i) "Department and Dry Good Stores,
5,000 square feet gross floor area or
more"
ii) "Halls for. Hire, special exceptions"
iii) "restaurants"
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1 That the amendment to the Declaration of
Covenants and Restrictions offered by Colony West Joint
Venture for Parcel "R" of Woodland Lakes is HEREBY APPROVED
and accepted, a copy of said Declaration is being attached
hereto as Exhibit "1".
SECTION 2 : The appropriate City Officials are hereby
authorized to execute this document on behalf of the City.
SECTION 3 This Resolution sha.11 become effective
immediately upon its passage.
PASSED, ADOPTED AND APPROVED this--'_',; day of 1988.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
RICHARD150ODY -
CITY ATTORNEY
"COLONY.WEST"
2155050588/t
NORMAN ABRAMOWITZ�
MAYOR
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ !� .
DISTRICT 1: C/M ROHR�`.
DISTRICT 2: V/M STELZER
DISTRICT 3: C/M HOFFMAN �F .
DISTRICT 4: C/M BINDER ;'/`
-2-
AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS that the undersigned,
COLONY WEST JOINT VENTURE (Declarant), being the title holder
of record of the following described property located in
Broward County, Florida, to wit:
DESCRIPTION:
Parcel R, WOODLAND LAKES, according to the Plat thereof,
as recorded In Plat Book 71, Page 18, of the Public Records
of Broward County, Florida;
LESS AND EXCEPT therefrom, the following portion:
Beginning at the Northeast corner of said Parcel "R";
thence North 89 01'50" West, along the South right-of-way
line of McNab Road, a distance of 380.00 feet; thence South
00 58'10" West, a distance of 296.27 feet to a point on the
Easterly line of said Parcel "R"; thence North 53 01'38"
East, along the Easterly line of said Parcel "R", a distance
of 481.85 feet to the POINT OF BEGINNING.
Said lands situate lying and being In Broward County,
Florida. Subject to all easements, reservations, and rights
of -way of record.
voluntarily makes the following Declaration of Covenants and
Restrictions covering the Property, specifying that this
Declaration of Covenants and Restrictions shall constitute a
covenant running with the land and that this dedication shall
be binding upon the Declarant and upon all persons deriving
• or taking title througn the Declarant. These restrictions,
during their lifetime, shall be for the benefit of the City
of Tamarac, Florida.
1. The Property shall be subject to the following
covenants and restrictions:
(a) The subject property shall be limited to the
uses permitted under City of Tamarac Zoning Dis-
trict B-1, with the Inclusion of the following B-2
uses:
I) "Department and Dry Good Stores, 5,000 square
feet gross floor area or more"
11) "Halls for Hire, special exceptions"
III) "restaurants$$
EXHIBIT "I"
(( kwo� I/
2. These covenants and restrictions are to run with the
land and shall be binding upon all parties and persons
deriving or taking title through the Declarant for a period
of ninety-nine (99) years from the date these covenants are ,
recorded in the Public Records of Broward County, Florida.
This Declaration of Covenants and Restrictions may be amended 0
or removed only by the City of Tamarac, Florida by a written
document of equal formality and dignity and with the approval
of the Declarant or Its sucessors in title or assigns after
holding the requisite advertised public hearing and adoption
of an appropriate resolution. Any amendment to this Declara-
tlon of Covenants and Restrictions or termination thereof
shall be recorded in the Public Records of Broward County,
Florida.
3. Invalidation of any one portion of this Declaration
of Covenants and Restrictions or any portion of this document
by Judgement or court order In no wise shall affect any other
prowisIcris which shah remain in fuI; force and effect.
4. This Revised Declaration of Covenants and Restric-
tions is executed for the purpose of protecting the health,
safety and welfare of the occupants of the above described
lands.
0
IN WITNESS, the undersigned hereby place their hands and
seals this le day of ,liL 1988.
WITNESS or ATTEST:
PROV I NCE OF Qw.6dkG
COLONY WEST JOINT V NTURE
By: B & M HOLDINGS INC.
Morris Feinstein, President
I HEREBY CERTIFY that on this day, before me an officer
• duly authorized to take acknowledgements, personally appeared
/yyiP,f[S .✓ 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 to be true
and correct to the best of his knowledge.
\� ' '�W '-MESS my hand and official seal this _LY day of
/ j2IL: 1988.
\-' MY�.'GOMM I S5 ION EXP I RES.�
IN WITNESS, the undersigned hereby place their hands and
1_ sea I s th I s _LA day of A, 76(rt 1988.
WITNESS or ATTEST:
COrNY WES JOINT VENTURE
BY: RAYRCWREALTIES, LTD.
PROV 1 NCE OF Age01-
I HEREBY CERTIFY that on this day, before me an officer
duly authorized to take acknowledgements, personally appeared
to me known to be the person de-
scribed in and wrio e>:ecutaC the foregoing instrument and ne
acknowledged before me that he executed the same to be true
and correct to the best of his knowledge.
WITNESS my hand and official seal this IF day of
gptr4 1988.
MY COMMISSION EXPIRES per, iv 1_191,
N07 �WMi`! iSi ivd pArer
IN WITNES , the under Igne hereby place their hands and
seals this day of _ 1988.
WITNESS or ATTEST:
COLONY WEST JOINT VENTURE
BY: SIFFARI JEWELRY.,
Larry Wenger, President
� V I NCE F r,� i �C3
I HEREBY CERTIFY that on this day, before me an officer
Orly authorized to take acknowledgements, personally appeared
•�rNCA _ to me known to be the person
describeld In and WAo execited the foregoing instrument and he
acknowledged before me tt.at he executed,,the same to be true
and correct to the best f hl knowledge.
WITN SS my hand off clal seal this a day of
1988.
NO TA. Y P 0 S L.
IN Wi7NESS, the undersigned hereby place their hands and
se i i s this day of — AjLW/ •• 1988.
WITNESS o.- ATTEST:
COLONY WEST VENTURE
BY: WENGER, LTD,
Irving Wenger, Chairin of the Board
PROV I NCE OF auer*br
I HEREBY CERTIFY that on this day,. before me an officer
duly authorized to take acknowledgements, personally appeared
__d?(1'AjC W62061M _ to me known to be the person de-
scribed In and who execu)ed the foregoing Instrument and he
acknowledged be�ore, inc that he ;xecuted the same to be true
and correct to the best of his knowledge.
my hand and official seal this �L day of
1988.
1 MY'4 COMMISSION EXP i REF;.
FA
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DECLARATION OF COVENANTS AND RESTRICTIONS
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