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HomeMy WebLinkAboutCity of Tamarac Resolution R-84-041Introduced by Temp. Reso. #3019 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 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-84-�� A RESOLUTION APPROVING AND ACCEPTING A DECLARATION OF COVENANTS AND RESTRICTIONS OFFERED BY F.G. & BROTHERS MANAGEMENT CO., INC. AND AUGUST URBANEK FOR THE LAKESIDE APARTMENTS PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Declaration of Covenants and Restrictions offered by F.G. & Brothers Management, Inc. and August Urbanek, for the Lakeside Apartments Project, is hereby approved and accepted, a copy of which is attached hereto as Exhibit A. SECTION 2: That the City Clerk is hereby authorized and directed to record such Declaration in the public records of Broward County, Florida. SECTION..3: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this day of , 1984. MAYOR ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness RECORD OF COUNCIL MAYOR FALCK:Q DIST. 1: C/M KRAVITZ: DIST. 2: V/M MASSARO: DIST. 3: C/M STELZER: DIST. 4: C/M ITIAN T Z: Cyr o 00 A. '`fir 54,41 -Reso- RETURN TO: It THIS INSTRUMENT PREPARED BY: DAVID C. HARDIN SPEAR, DEUSCHLE & CURFA", " 1%. 5554 NORTH FEDE--;"A!- FORT LAUDS D!',LF, DECLARATION OF COVENANTS AND CONDITIONS THIS DECLARATION OF COVENANTS AND CONDITIONS made and entered into this day of 1984, by F.G. & BROS MANAGEMENT CO., INC., a Florida corpor- ation, and AUGUST URBANEK, (hereinafter collectively referred to as the "Owners"). WITNESSETH: WHEREAS, the Owners own certain real property situated in Broward County, Florida, in the City of Tamarac, (the "City"), legally described as follows: Lot B of LAKESIDE AT TAMARAC, according to the Plat thereof, recorded in Plat Book 115, page 32 of the Public Records of Broward County, Florida (the "Property"); and WHEREAS, the Owners have constructed certain improvements consisting of apartment buildings and related structures on the Property, together with certain sewage and water lines through easement areas delineated on the Plat or recorded by separate instrument in favor of the City (the "Easement Areas"); and WHEREAS, the Owners have conveyed by Bill of Sale the water and sewer lines to the City which is responsible for maintenance of said lines; and WHEREAS, the Owners have constructed certain concrete pads and enclosures for trash dumpsters (the "Pads") in accordance with the approved site plan on file with the City, some of which Pads are located above the water and sewer lines and within the Easement Areas; and WHEREAS, the Owners hereby covenant and agree that they shall have certain res- ponsibilities in connection with the Pads constructed within the Easement Areas as hereinafter set forth; NOW, THEREFORE, for good and valuable consideration, the respective receipt of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. The facts and matters contained in the preamble are true and correct and are hereby incorporated by reference. 2. Owners, their successors and assigns, hereby agree that in the event it is necessary for the City to alter, remove or demolish the Pads in order to maintain or repair the water and sewer lines and facilities, then the Owners agree to reimburse the City for the cost of such alteration, removal and/or demolition and further agree to repair and/or replace the Pads subject to their right to relocate same in accord - ante with Paragraph 3 hereof. 3. This Agreement shall be terminated in the event that the Owners relocate the Pads and dumpsters to locations within the Property in conformance with the applicable codes and ordinances of the City. In the event the Owners relocate the Pads and dumpsters in accordance herewith, then the Owners' obligations hereunder shall be terminated. 4. This Agreement shall be binding until terminated on the Owners, their successors and assigns. IN WITNESS WHEREOF, the Owners have hereunto set their hands and seals the day and year first above written. Signed in the presence of: AUPUST URBANEK F.G. & BRO NAG ENT CO. IJ . By STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, duly authorized to take acknowledgments, personally appeared AUGUST URBANEK, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged that he has read the foregoing instrument and executed the same for the purposes therein stated, and as his own free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal in the County and State last aforesaid this _�_ day of 1984. My Commission Expires: NOTAF:1' F! TLIC STATE OF FLORIDA MY CO'P/ SSiON EyFiRES S'-FT 24 1986 v iH"j G-INERFl INSURANCE UND -2- Not ry Public STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, duly authorized to take acknowledgments, personally appeared FELIX GRANADOS, JR., as President of F.G. & BROS MANAGEMENT CO., INC., a Florida corporation, and he acknowledged to and before me that he executed the foregoing instrument on behalf of and in the name of said corporation and that said instrument is the free act and deed of said corporation. IN WITNESS WHEREOF, I have he eunto set my hand a d official seal in the County and State last aforesaid this day of ' 1984. My Commission Expires: PU !.'C STATE OF FLORIDA MeEXP;P. S S_PT 24 1966 1 -3- LIA - q o LC. Notary Public