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Home My WebLink AboutCity of Tamarac Resolution R-83-097Introduced by Temp. 02691 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 8 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-83-_27 A RESOLUTION APPROVING AN AGREEMENT AND DECLARATION OF COVENANTS OFFERED BY LENNAR HOMES, INC., FOR THE KINGS POINT PROJECT REGARDING THE MAINTENANCE OF MEDIANS ON NOB HILL ROAD BETWEEN N.W. 77 STREET AND N.W. 71 PLACE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Agreement and Declaration of Covenants offered by Lennar Homes, Inc., for the Kings Point Project concerning the maintenance of medians on Nob Hill Road between N.W. 77 Street and N.W. 71 Place, is hereby approved, a copy of said document being attached hereto as Exhibit "A". SECTION 2: That the appropriate City officials are authorized to execute this document on behalf of the City. SECTION 3: That the City Clerk is hereby authorized and directed to record said document in the Public Records of Broward County, Florida. SECTION 4: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this�day of , 1983. ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the fo m and correct- ness of this solution. " 1 Io MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL. VOTE ''��[ f.1 I ►3 � � L1 AGREE1MENT AND DECLARATION OF COVENANTS 1- �f F THIS AGREEMENT AND DECLARATION, made as of the _,a• day of April,:1983, by and between the City of Tamarac ("City") and Lennar Homes, Inc., a Florida corporation, (the "Declarant"), its successors and assigns, and for and on behalf of Kings Point in Tamarac, Inc., a Florida corporation not - for -profit formed or to be formed. W I T N E S S E T H: WHEREAS, Declarant is the Developer of the real property known as Kings Point in Tamarac WHEREAS, Declarant desires to maintain the landscap- ing in the median over that portion of the dedicated public right -of --way located on the real property more particularly described on Exhibit "A" consisting of two (2) sheets (the "Property"); and WHEREAS, the City is willing to allow Declarant to maintain the landscaping on the Property on the terms and conditions herein contained. NOW, THEREFORE, in consideration of the premises, and such other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by the parties hereto, the parties agree as follows: 1. Declarant agrees and shall be obligated to maintain all grass, planted trees and shrubs, plantings and hedges together with all parts of any sprinkler system, includ- ing but not limited to pumps, pipes and sprinkler heads located or to be located on the Property described on Exhibit "A". If Declarant, in the sole opinion of the City, fails to reason- ably maintain the landscaping and/or sprinkler system on the .Property in good condition, and Declarant does not in good faith and with due diligence proceed to restore and maintain the Property to its prior condition within fourteen (14) business days after receipt of written notice from the City so to do, the City may cause the landscaping and/or the sprinkler system on the Property to be restored and/or repaired to its prior condition and Declarant shall be respon- sible for the cost and expense of same. 2. This covenant shall remain in full force and effect and shall be binding upon Declarant and its successors and assigns for an initial period of fifty (50) years, and shall be automatically renewed for successive ten (10) year terms thereafter unless released prior to the expiration thereof by the City. 3. Any modification or assignment of this Agree- ment shall be agreed to and executed in the same formality as this Agreement. However, City understands and agrees, notwithstanding the foregoing,,. upon receipt by City of certi- fication from Declarant that the certificate of occupancy - has been issued for the last residential dwelling unit constructed by Declarant in the Kings Point in Tamarac development, then the obligation defined in this Agree- ment shall terminate for Lennar Homes, Inc. 4. This Agreement may be specifically or legally enforced by the City and the prevailing party shall be entitled to reasonable attorney's fees and costs in conjunction there- with. IN WITNESS WHEREOF, the undersigned have set their hands and seals as of the day and year first above written. Signed, sealed and delivered in the presence of: i iess--ttity Manager Witness- City Clerk , Signed, sealed and delivered in the presence of: Witness Witness Signed, sealed and delivered in the presence of: CITY OF TAMARAC By: ,- 1 MA OR LEN By: KINGS POINT IN LENNAR HOMFF.,S, , By: Witness lop Witness Allan J// P I HEREBY CERTIFY that I have approved the form and correct- ness of this Agreement and Declaration of Covenants. RAC, INC. by r, Vice President 1 11 �m 1 I BERM CERrIFY that on this day, before me, an Wj�icer duly authorized in and in the County aforesaid -to-take acimc ledgments�.. the state aforesaid - per-,yonally appeared . ... ................ .... to me known to be the person described in and wbo execu ed the foregoing a6mowledged before me that executed the instrwnent and -�•�- same. VITNFSS my wand and off'caal seal in the County and state last aforesaid this A�9 day of A,D. 1983. rtjDI&y $UBLID $TAIE OF FLORIDA AT LAW. tAy COAWI�SJON EXEJ9$. APR 21 1984 AONDED THRU GENERAL INS. UNDERWRITERS STATE of FLURIDA CCUNTY CFDADE I HEREBY CERTIFY that on this day, before n e, an Officer duly authorized ?n the state aforesaid and in the County aforesaid to take acimo6wledpuents personally ap ared to me Imown to be the person described in and who executed the foregoing instr►mient and he acknowledged before me that he excuted the same, on behalf of the corporation. Wl7uSS my hand and official seal in the County and State last aforesaid this 31st day Of March A.D. 19" ffTUY A7 LARGE T�'V9F M-•1984 CCp rV)NDED TPRU GUiEM INS- UNDEFM'R!TERr STATE oIF FWRIDA COLMy OF BADE i0ATAZR_6Y1_PUBLIC, STATE OF FLORIDA AT LARGE x HEREBY CEHrIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgreents, personally appeared Allari J: Pek-or 'Vide 'President- LENN0 H� if INC. , a Florida corporation, for and on_.hPhalf. of. KINGS POINT IN_ TAMARAC, INC., _ t the to me �o�i1°�a bethea acknoaerson aedg before me that he �foregoing executed the instrument same on behalf of KINGS POINT IN TAMARAC, INC. WlrnT,SS uTy band and official seal in the County and State last aforesaa.d this 31st day of March A.D. 1983. My Commission Expires: NOTARY PUBLIC, STATE OF FLORIDA AT LARGE . 9TAR ( Pt18W ,&TXM Ir RARM AT UMN MY COMMiSSo V WIa %0V_ 20,1"4 GENEW INS. LWIDEWYTEft - 3 - •, _ _(i,. DANIEL CARNAHAN CONSULTING ENGINLERS, INC. CONSULTING ENGINEEFJS LAND SURVEYORS LAND DEVELOPMENT CONSULTANTS '6191 W. ATLANTIC BLVD. MARGATE FL. 33063 305-972-3959 1 EXHIBIT "A" SKETCH AND LEGAL DESCRIPTION NA CENTERLINE DESCRIPTION OF THE MEDIAN, ALSO BEING THE CENTERLINE OF A 106 FOOT RIGHT-OF-WAY KNOWN AS NOB HILL ROAD (N.W, 100th AVENUE) AS RE- CORDED IN OFFICIAL RECORD BOOK 4747, PAGE 184 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LYING BETWEEN THE INTERSECTIONS OF SAID CENTERLINE WITH N.W. 71st PLACE AND N.W. 77th STREET AS RECORDED IN OFFICIAL RECORD BOOK 6260, PAGE 617 AND OFFICIAL RECORD BOOK 6260, PAGE 622 RESPECTIVELY, OF THE PUBLIC RECORDS OF BRO[IARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF THE AFOREMENTIONED NOB HILL ROAD AND N.W. 71st PLACE; THENCE N.31002'10"6;., A DISTANCE OF 444.52 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2400.00 FEET AND A CENTRAL ANGLE OF 41011'26", A DISTANCE OF 1725.38 FEET TO THE POINT OF TERMINUS, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF THE AFOREMENTIONED NOB HILL ROAD AND.N.W. 77TH STREET. SAID LANDS SITUATE, LYING AND BEING IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 41 EAST, CITY or TAIIARAC, BROWARD COUNTY, FLORIDA. 1 1 SCALES u UPDATES end/or REVISIONS r. a SHEET 1 OF 2 DATE MYJ I HEREBY CERTIFY THAT. THE ATTACHED SKETCH AND LEGAL, DESCRIPTIONIS TRUE AND CORRECT TO THE .$EST '-OF '-PtI- .,KNOWL- EDGE AND BELIEF. ' NOT9L 13 REPRODUCTIONS OF THIS SR£TCN ARE NOT VALID 1INLESS SEALED WITH AN EMSOSSED MONErOR'S TEAL. SJ LANDS SHOWN HEREON WERE NOT AS'STRACTED FOR EASEMENTS AND/OR RISMTS-OF-WAY OF RECORD. S.) DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. DAMSEL L. CARNAHAN REGISTERED LAND SURVEYOR MSOOS STATE OF FLORIDA (`,; CHFCKFD DT,C f V/ PG. /;� JDF_3 No.-R'?()' 022 (, �_77 7 DATE 2/^/S3 PRAWN 1 DANIEL CARNAHAN CONSULTING ENGINEERS, INC. CONSULTING ENGINEERS LAND SURVEYORS LAND DEVELOPMENT CONSULTANTS 6191 W. ATLANTIC BLVD. MAR GATE, FL. 33063 305 - 972 - 3959 SCALE, /- - 8,00" UPDATES end/or REVISIONS EXHIBIT "A" SKETCH AND LEGAL DESCRIPTION per N1 0 0 b M A NIA � I IL O 1 ro a 1 P. of3. h ' N 9 2 of 2 DATE BY CKb I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF ?fY KNOWL- EDGE AND BELIEF. NoTLI - - IJ REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALEO WITH AN EMROSSED SURVEYOR'S SEAL. t1 LAND! SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIONTS-OF-WAY OF RECORD. SJ DATA SHOWN NEIIEOM WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVET AS SUCH. DANIEL L. CARNAHAN REG41TERED LAND SUPIVETOR M)OOt STATE OF FLORIDA CHECKED ( C. FE! PG. 1•1/1r9 108 NO, f33G'c^Oc'2 DATE r�9IB3 DRAWN