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Home My WebLink AboutCity of Tamarac Resolution R-86-419Introduced by: G�y _ Temp. Reso. #4326 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86- `f� % A RESOLUTION APPROVING AND ACCEPTING A DECLARATION REGARDING PRIVATE STREETS WITHIN THIS DEVELOPMENT OFFERED BY LENNAR HOMES, INC., FOR THE CLAIRMONT 1st ADDITION PROJECT; EFFECTIVEAND PROVIDIK9 AN BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Declaration regarding private streets within this development offered by Lennar Homes, Inc., for the Clairmont lst Addition project is HEREBY APPROVED and accepted, a copy of said Declaration being attached hereto as "Exhibit 1". SEC11ON2: That the City Clerk is hereby authorized and directed to record said Declaration in the _public records of Broward County, Florida. SECJIO 3: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this oZLday o W1986. ATTESTL CAROL E . BARBUTO A'3SISTANT CITY CLFRK I HEREBY CERTIFY that I have approved the form and correct- Resof this RESOLUTION. �l CITY AA Y A. BRATA G E mr, wl�)4 I!'- Eli 3!1 FAVOR: *AOT DIST. 1: C/W MASSARO ...�, DIST. 2: V/M STELZER blI T. 3: C/M GOTTESMAN DIST. 4: C/M STEIN DECLARATION This Declaration is made this 7th day olNovember 1986 by Lennar Homes, Inc. (formerly known as F & R Builders, Inc.) a Florida corporation, its successors and assigns (the "Declarant"). W I T N E S S E T H: A. Declarant and the City of Tamarac ("City") entered into agreements known as Stipulation No. 9 dated July 7, 1981 and Stipulation No. 12 dated May 10, 1982 (both referred to herein as "Stipulation") which clarified and modified the rights and obligations of Declarant and the City with respect to the development of certain real property located in the City, Broward County, Florida. B. Declarant is the owner of the real property located in a portion of Section 6, Township 49 South, Range 41 East, Broward County, (the "Tract") more particularly described on Exhibit A attached hereto. C. Declarant intends to construct certain improvements on the Tract consisting of condominium units and recreational and other com- monly used facilities and hereby declares that the condominium units shall be held, sold, conveyed, encumbered, leased, used, occupied and improved subject to the following terms and conditions. D. The Stipulation provides for, among other things, the right of Declarant to construct private streets on the Tract where shown as "PARCEL "C" on the proposed Plat of Clairmont 1st Addition dated September 9th , 1986 and prepared by Larry Birmingham of Daniel Xarnahan Consulting Engineers, Inc. (the "Plat"). E. Declarant makes this Declaration in accordance with the terms and provisions of the Stipulation. NOW, THEREFORE, in consideration of the premises, and such other . good and valuable consideration, Declarant agrees as follows: 1. Condominium associations or homeowners associations, or both (the "Associations") shall be required to maintain the private streets for as long as they remain private streets. Associations shall mean and include the entity or entities responsible for the maintenance, manage- ment, operation and administration of the condominiums and common areas to be located on the Plat. 2. All private streets shall be open to all City vehicles, all emergency vehicles and all City personnel at all times. City police are authorized to have free access at all times to enforce all existing laws, ordinances and motor vehicle regulations on all private streets. If any City vehicle is damaged by breakaway gates, if any, which may be constructed by Declarant or the Associations, the Associations shall relieve the City of any liability for any damage which may occur by reason thereof. 3. The City and/or County and any governmental agency within the City and County governments shall be relieved of any liability for any injury which may occur as a result of the street being a private street. The Associations shall be obligated to hold the City and County harmless for all attorneys$ fees incurred; provided, however, the obligation of the Associations shall not extend to the negligence of the City or County or their agents, servants or employees. 4. Street lights shall be erected in accordance with City stan- dards. The members of the Associations, the unit owners within the area served by private streets, shall be responsible for payment of the street lights and electricity and maintenance thereof as long as the streets remain private, through the Associations. If the City exercises its option to purchase any or all of the private streets, FP&L shall review the adequacy of the street lights to determine whether same satisfy its standards. In the event FP&L determines the street lights do not satisfy its standards and require modification, then the affected Associations shall have the option to cause the requested modifications to be made at their own expense and, if modification is made at no cost it to the City, the City shall then be responsible for the payment of the street lights and electricity and maintenance thereof. In the event the affected Associations elect not to cause the requested modifications to the street lights to be made then, and in such event, the affected Asso- ciations shall be and remain responsible for payment of the street lights, and electricity, and maintenance thereof, as herein provided above. 5. Maintenance of each guardhouse shall be specifically provided for in the condominium and homeowners association documents. 6. There shall be no parking of any type of motor vehicle on any private street or direct backing out onto private streets approved and constructed on residential property described in Exhibit A, except for fee simple housing. Except as provided above, all condominium and homeowners association documents shall contain a specific prohibition against parking of any type of motor vehicle on any private streets or direct backing out onto private streets and said provisions shall be written so that it can be amended only upon the unanimous consent of all unit owners. 7. Declarant shall provide 1.50 paved parking spaces per residential dwelling unit plus an additional ten percent (10%) of these required spaces designated as unpaved "set -aside" parking. Such set -aside parking shall be indicated on site plans, located upon unobstructed sodded areas, without identification, and placed immediately adjacent to private driveways, unless otherwise approved by the City. If the Associations determine that a need for additional parking is present, such set -aside parking area shall be available for additional parking spaces. The Associations may, in their discretion,. pave all or any part of the set -aside area at any time after submission and approval of a revised site plan, if necessary, and after obtaining proper permits for such paving from the City. Except as herein provided, such paving shall be consistent with the City's Off -Street Parking and Loading Ordinance. Declarant shall incorporate the relevant provisions with respect to set -aside parking in the condominium documents to be provided to the purchasers of condominium units. IN WITNESS WHEREOF, the Declarant has executed this instrument the day and year first above written. Signed, sealed and delivered in the presence a State of Florida County of Broward LENNAR HOME 'TNC,! N . Condo7rous is Vice President The foregoing instrument was acknowledged before me this � day of/ 1'✓��1C1986 by N. Condorousis as Vice President of Lennar Homes, Inc., a Florida corporation, on behalf of the corporation. o ary Public, State of Florida at Large My Commission Expires: ""F'y PUBLIC STATE Or FW,MA u,} ,,;,A;ISSi J EXN. ;k JO,1�90 Vo0,; ED TW;:U GENERAL INS. JJtiEd, L� ':yeti,:K%�-.:�.Y.'tA•iW.'t77i'k}:!�FNi7i5'L).1«rr.:r5:'f6r^rind:''.i�w:.•-M•�L'fi,°v+•r�+..•�•••�d DANIEL CARNAHAN CONSULTING ENGINEERS, INC. I CONSULTING ENGINEERS LAND SURVEYORS LAND DEVELOPMENT CONSULTANTS 6191 W. ATLANTIC BLVD. MARGATE? FL. 33063 305-972-3959 SKETCH AND LEGAL DESCRIPTION "CLAIRMONT 1ST ADDITION - OVERALL" A PORTION OF SECTION 6, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY; FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6; THENCE NORTH 01014'39" EAST, ALONG THE WESTERLY LINE OF SAID SECTION'6, A DISTANCE OF 1131.97 FEET; THENCE SOUTH 88°45121" EAST, A DISTANCE OF 977:17 FEET TO THE POINT OF BEGINNING; THENCE NORTH 58057'50" EAST, A DISTANCE OF 323.77 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE,' HAVING A RADIUS OF 830.00 FEET AND A CENTRAL ANGLE OF 27058115", A DISTANCE OF 405.19 FEET (THE LAST TWO(2) DESCRIBED COURSES BEING COINCIDENT WITH THE NORTHERLY.Ll E OF.A 60.00. FOOT RIGHT--OF-WAY KNOWN AS N.W. 71ST PLACE AS RECORDED IN O.R. B009-6260 AT PAGE 617 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA); THENCE NORTH 44°05122" EAST ALONG A NON -RADIAL LINE, A DISTANCE OF 47.60 FEET; THENCE.NORTH 01°14'39" EAST, A DISTANCE, OF 612.35 FEET; THENCE NORTH 88045121/1 WEST, A DISTANCE OF 161.81 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; TilENCE WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE OF 70°19101", A DISTANCE OF 490.90 FEET,(THE LAST TWO(2) DESCRIBED COURSES BEING COINCIDENT WITH THE SOUTHERLY AND WESTERLY CANAL RIGHT -OF --WAY LINE AS RECORDED IN O.R. BOOK 6450 AT PAGE 688 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA); THENCE SOUTH 56°44'39" WEST, ALONG A NON -RADIAL LINE A DISTANCE OF 86.19 FEET; THENCE SOUTH 82°14'39" WEST, A DISTANCE OF 430.00 FEET; THENCE SOUTH 01014'39" WEST, A DISTANCE OF 210.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTH- EASTERLY ALONG THE ARC'OF SAID CURVE HAVING 'A RADIUS OF 1160.00 FEET AND A CENTRAL ANGLE OF 32"16'49", A DISTANCE OF 653.54 FEET TO THE'POINT OF TANGENCY; THENCE SOUTH 31°0211011 EAST, A DISTANCE OF 314.36 FEET (THE LAST THREE(3) DESCRIBED COURSES BEING COINCIDENT WITH THE EASTERLY LINE OF AN 80.00 FOOT RIGHT-OF-WAY KNOWN AS N.W. 110TH TERRACE) TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA AND CONTAINING 19•839 ACRES, MORE OR LESS. ' ExWBIT A SHEET 1 OF 2 SCALE. NONE UPDATES and/or REVISIONS BATE BY GK'D I HEREBY CERTIFY THAT TOE ATTACHED SKETCH AND LEGAL DESCRIPTION f AND OTHER PERTINENT DATA SHOWN HEREON,'OF THE ABOVE DESCRIBED PROPERTY CONFORNIS TO THE MINIMUM 1ECHNICAL STAND DS FOR LAND SURVEYING M THE STATE OF FLORIDA AS ADOP BY THE DEPARTMENT OF PROFESSIONAL. RECW..ATION, BOARD LAND SURVEYORS, IN SEPTEMBER 1981, AMD THAT SAID SKET IS TRUE AND CORRECT TO THE BEST OF M't KNOW DGE LIEF, NOTES, 1.) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED ^y WITH AN ENDOWED SURVEYORNi SEAL. Zd LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIONTS-OF-WAY OF R9CORD. E.) DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS LA IY IRJr4, GRAM AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. REGISTE b LAND SURVEYOR NO.4020 STATE jKFLORIDA JOB NO. 8800018 DATE 8%AABfi iDf AWN G.H. IChIECKED t A.B. I FB/PG. DANIEL CARNAHAN CONSULTING ENGINEERS, INC. ` CONSULTING ENGINEERS LAND SURVEYORS LAND DEVELOPMENT CONSULTANTS 6191 W. ATLANTIC BLVD. MARGATE FL. 33063 305-972-3959 SKETCH AND LEGAL DESCRIPTION "CLAIRMONT�lst ADDITION - OVERALL" 430.p00 . $.826.14 3 a as o Ci p N t IA r,0 Ib O t r 3 � t 0 r r Hy ✓ df � 3 Z O O 0 is ow dp ui 8H 977.1 .880 A pJ OI ` 88.18' 8.580 44'38-W. (NON —RADIAL) CANAL (O.R. 6450. P9.688) A:700 191010 R:400.00' A:490:90' N.88. 45'210W. ' 181.81' ui A cq e ' T 19, �47.60' p'.405. N.446 05'22'E. 630.007� 58',5� (NON -RADIAL) A•• 5.2 a 6� ,y9' .LHTjO $ 11• 6 P.O.B. e•� - W. LINE SEC. 6 P.O.C. SCALE 1 200' S•W• COR. SEC. 6=49-41 UPDATES and/or REVISIONS I DATE I BY EC "% 5%T R SHEET 2 OF 2 CK'D I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND LEGAL DESCRIPTION AND OTHER PERTINENT DATA SHOWN HEREON, OF THE ABOVE DESCRIBED PROPERTY CONFORMS TO THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING N THE STATE OF FLORIDA kS ADOPTED Y THE OEPARTMENT OF PROFESSIONAL REGULATION,BOARt7 GF Np SURVEYORS, INSEPTEMSER 1141, AND THAT SAID SKETCH $TRUE AND CORRECT TO THE BEST OF MY KNO%ftEOGE AND BE ( F, NOTKS. I.) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SIRIYETOR`S SEAL. 2.) LANDS SHOWN. HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RICNTS-OF-WAY OF RECORD. S.) DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES•.NOT CONSTITUTE A FIELD SURVEY AS SUCH. JOB NO._.BZC ' ° DATF I pRAwu 8606018 1 Q/8/86 1 (Q.H. REGISTER HG REGISTER LA Np SURVEYOR N0.4020 STATE 0 FLOFIIDA CHECKED I FB/ PG. L.M.E. i