HomeMy WebLinkAboutR-2002-203 RESOLUTION NO. 2002 - 203
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY FRED MASSIMILLA, FROM THE
BROWARD COUNTY ZONING CODE ARTICLE XVI RESIDENTIAL
ZONING DISTRICTS, FOR PROPERTY LOCATED AT 5800 PARK ROAD,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Broward County Zoning Code, Article XVI Residential Zoning
District, sets the setback requirements for the City of Dania Beach properties annexed in
September of 2001; and
WHEREAS Fred Massimilla has applied for a variance (VA-50-02) to maintain two
(2) automobile vehicle canopies with a five foot front yard setback (18 foot setback
required) and two foot side yard setbacks (five feet required), for property located at 5800
Park Road, Dania Beach; and
WHEREAS, the Planning &Zoning Board on October 30, 2002, recommended that
•
the City Commission grant variance request VA-50-02 based upon the criteria set forth in
section 10.13 of Article 10, of Chapter 28, Zoning, of the Code of Ordinances of the City of
Dania Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA-
Section 1. That that certain application VA-50-02 for a variance as described above
from requirements in the Broward County Zoning Code, Article XVI Residential Zoning
District, a copy of which is attached as Exhibit "A", is approved subject to the following
conditions:
1) Upon sale of the property, the variance expires; and
. 2) Code Enforcement will make sure that the canopy material meets the Building Code
VA-50-02 Massimilia 1 RESOLUTION NO. 2002-203
requirements.
Section 2 . That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 26T" DAY OF NOVEMBER, 2002 .
R RT H. CHUNN, JR.
MAY R — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO -YES
C IVA COMMISSIONER MCELYEA -YES
CHARLE E JO N N COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO F M AND CORRECTNESS:
By:
THOM S J. ANSBRO
CITY ATTORNEY
VA-50-02 Massimilia 2 RESOLUTION NO. 2002-203
INSTR#102622665
OR BK 34537 Pages 989-991
RECORDED 02/06/03 16:43:52
This instrument prepared by: BROWARCLERKNTYCOMMISSION
DEPUTY 2000
Thomas Ansbro, Esq. #1,3 Pages
City Attorney for
City of Dania Beach
c/o 3107 Stirling Road, Suite 300
Ft. Lauderdale, FL 33312
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Covenant") made on
DeoemIxrW, 200d- by Esther Gubani Massimilla, with a post office address at 5800 Park
Road, Ft. Lauderdale, FL 33312 ("Owner"), Tall be a.:.� is for the b nefit of THE CITY OF
DANIA BEACH, a political subdivision of the State of Florida, with a post office address at 100
West Dania Beach Boulevard, Dania Beach, FL 33004 ("City").
WHEREAS, t`ie. Owner is the fee simple owner of the property more particularly
described in Exhibit A ("Property"); and
WHEREAS, the Owner has received variance approval from the City of Dania Beach to
retain a vehicle canopy structure (the "Structure") in the front yard of the Property owned by
0 i,: � D petty located at tho address Fist set forth above, 9nd which Property is also
ve�rer, YY.l1Ci1 i rvt ..i,) 1S :v..a.te:. .,..� "..d. J., : _.
located in the City; and
WHEREAS, the Owner agrees to grant this Covenant to the City in order to place a
certain restriction upon the Property;
NOW, THEREFORE, in consideration of the promises and covenants contained in this
Covenant, Owner declares that the Property shall be owned, held, used and occupied subject to
the covenants, restrictions and regulations set forth below, all of which shall run with the
Property and any part of it and which shall be binding upon all parties having any right, title or
interest in the.Property or any part of it.
1. Recitations. The recitations set forth above are true and correct and are
incorporated into this Covenant by this reference.
2. Removal of Structure. If, at any time, the Owner of the Property sells, transfers or
conveys the Property, the Structure shall be removed before the date of such conveyance. The
failure of Owner to promptly remove the Stricture before such conveyance will, effective
immediately on or after the date of conveyance of title, authorize the City to have the Structure
removed and all costs associated with such removal shall automatically become a lien upon the
Property, which lien may be enforced through foreclosure and shall include the City's legal costs
and attorney fees.
• 3. Benefit and Amendment to Covenants. These covenants shall be for the benefit of
and shall run in favor of the City. These Covenants shall run with the land and shall be binding
upon all parties taking title through the undersigned from the date these Covenants are recorded
in the Public Records of Broward County, Florida. This Covenant may be amended or removed
only by a written document of equal dignity approved in writing by the City.
4. Remedy for Breach. Any breach, as determined by the City, of this Declaration
shall justify and allow the City to apply to any Court of law or equity having jurisdiction for an
injunction or other proper relief, and if such relief be granted, the Court may, in its discretion,
award to the City in any such action, the reasonable expenses in prosecuting the suit, including
reasonable attorney fees and legal costs.
5. No Waiver of Breach. In the event of any breach of any provisions of this
Covenant, anv delay or failure on the part of the City to exercise any rights, powers or remedies
provided in this document shall not be construed as a waiver of them or acquiescence in therm.
6. Amendments. This Covenant shall not be modified, amended or released as to all
or any portion of the Property except by written instrument, executed by Owner of the Property
and approved in writing by the City. Any amendment, modification or release of this Covenant
shall be recorded in the Public Records of Broward County, Florida at Owner's expense.
7. Recording of Persons Bound. This Covenant shall be recorded in the Public
• Records of Broward County for the sole benefit of the City and shall bind Owner and all heirs,
successors and assigns to the title of the Property. It shall be recorded by the City at Owner's
expense.
8. Effective Date. This Declaration of Restrictive Covenants shall become effective
upon the date it is recorded in the Public Records.
9. Captions, Headings and Titles. Articles, paragraph captions, headings and titles
inserted throughout this Covenant are intended as a matter of convenience only and in no way
shall such captions, headings or titles define, limit or in any way affect the subject matter or any
of the terms and provisions of this Covenant.
10. Context. Whenever the context requires or admits, any pronoun used in this
Covenant may be deemed to mean the corresponding masculine, feminine or neuter form and the
singular form of any nouns or pronouns may be deemed to mean the corresponding plural form
and vice versa.
•
2
Pam- r1
• 11. Applicable Law and Venue. This Covenant shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. Venue for litigation concerning
this Covenant shall be in Broward County, Florida.
IN WITNESS OF THE FOREGOING, the Owner has executed this Declaration of
Restrictive Covenants on the date first above written.
OWNER:
WITNE S: Esther Gubani Massamilla, a married woman
i ture Signature
Print Name: i"6 4 A A 0
By: .
: -
Signature
(SEAL)
Print Name:
• ACKNOWLEGEMEN l
STATE OF FLORIDA )
)SS:
COUNTY OF Broward )
I CERTIFY that on this day, before me, an officer duly authorized in the State and in the
County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before
me by es-&-r• (;u6ctn i A1a.ss;m*,jig , the Owner of the Property identified above. She is
personally known tome (or produced Drr vets &oe,,se as identification).
` WITNESS my hand and official seal in the County and State last aforesaid on
200,1�—
C3 PtaryPublic My commission expires: LouAn n 0,41y h n g k m
Typed, printed or stamped name of
�-�-- Notary Public
DIF', LOU ANN CUNNINGHAMMy Comm Exp.2/20/04 No.CC 88355C
p-,,mai+y 4mwn [1 Oil-I.D.
3
Page 1 of 1
JAN 2 7 2003
Transaction#: 1298650
I illlll Iloll 1111111111111111111111111 IN IN
• Receipt# '�t'' 1`{ ;` is l <f Print Date:
(954) 831- 1/23/2003 9:54.35 AM
4000
f:;if,"40« ��;r Inf:i rr.� lioll 'transaction Information Payment Summary
DateRecei ved: 01/22/2003
Source Code: Government
(236) CITY OF DANIA BEACH Q Code: Government Total Fees $28.50
100 WEST DANIA BEACH BLVD Return Code: Mail Total Payments $.00
DANIA, FL 33004 Trans Type: Recording Shortage $28.50
Agent Ref
Num:
Transaction Problems
a marriage record is not a recordable document and we need an original or certified
copy of the deed&satisfaction in order to record. OR you can attach the documents to
A the declaration as exhibits and record it all as a 6 page document for the cost of$28.50.
please return to the attention of peggy vicat.
0 Payments
1 Recorded Items
LIR� OV) Covenants & Restrictions
Recording @ 1 st=$6 Addt'1=$4.50 ea. 6 $28.50
Indexing @ 1st 4 Names Free, Addt'l=$1 ea. 2 $0.00
0 Search Items
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• MORTGAGE RELEASE, SATISFACTION, AND DISCHARGE
In consideration of the payment and full satisfaction of all indebtedness secured by
that certain mortgage of *45,000.00 dated September 26, 1985 executed by
ESTHER GUBANI, AN UNMARRIED PERSON
to STANDARD FEDERAL SAVINGS AND LOAN ASSOCIATION ,
recorded at Volume/Book 12863 Page 308 and/or Instrument Number
85-332123 on October 2, 1985 in the records of BROWARD County,
Florida , the undersigned, being the present legal owner of said indebtedness
and thereby entitled and authorized to receive said payment, does hereby release,
satisfy, and discharge said mortgage in full and does hereby consent that the same be
cancelled and discharged of record.
In witness whereof, the undersigned has caused these presents to be executed on this
the 19th day of June , 1990.
STANDARD FEDERAL SAVINGS BANK
ERAI_
65 4 F.�
O• •Z
SEA ®,
0
Attest By:
JUDY ONN U J 0 H N A-661 S
ASSISTANT SECRETARY VICE PRESIDENT
eale del" red in the presence o :
Wi ness R E D. GIESS ('/,4etness LEA BOGER
State of Maryland
County of Frederick
On this 19th day of June , 1990, before me, the undersigned officer, personally
appeared JOHN ADAMS and JUDY MANN who
acknowledged themselves to be the VICE PRESIDENT and
ASSISTANT SECRETARY of the above named corporation,
and ghat they, as such officers, being authorized so to do, executed the foregoing
instrument for the purposes therein contained, by signing the name of the corporation by
themselves as VICE PRESIDENT and ASSISTANT SECRETARY
In witness whereof I hereunto set my hand and official seal.
K-IMRERL - -A-. ROB SON __, Notary Public
�_�KIRgLRLY A.
�a1NSON
— My commission expires: August 1, 1994
RECORDED IN THE OFFICIAL RECORDS BOOK
Of BROWARD COUNTY, FLORI®A
-al Savings Bank L. A. NESTER
Dept 1010 COUNTY ADMINISTRATOR
MD 20898-7130
ESTHER GUBANI
i
i
W r Warranty
� . BLACKSTONE Legal S33311 a,.Inc.
Warranty Deed Ft.Lauderdale,Florida 33311
85-332122
• (STATUTORY FORM—SECTION 689.02 F.S.)
_ 04io .JnbentnrP,made this ,�4 YA day of SeptenTber 1985 rt ePn
LAKE WINDEMERE VILLAS, INC. , a Florida Corporation
of the County of Broward , State of Florida grantor*, and
ESTHER GUBANI , a Single Woman,
whose post office address is 5800 Park load, Fort Lauderdale,
of the County of Broward , State of Florida 33312 grantee*,
That said grantor, for and in consideration of the sum of
TEN AND NO/100-------------------------------------------------- Dollars,
and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is helceby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following
described land, situate, lying and being in Broward County, Florida, to-wit:
Lot 2, of LA BEAU ACRES, 4th UNIT, a Subdivision, according
to the Plat thereof, recorded in Plat Book 106, Page 34, of the
Public Records of Broward County, Florida.
ry
• C=
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RECORDED IN THE OFFICIAL RECORDS MOB UD
OF BROW-RO COIIPITY, FLORIDA
F. T. j t;a w S O N m
COUNTY AUMINISTRATOR O®
6t9
Subject to restrictions, reservations, easements and limitations of record, if any,provided that this shall not serve to reimpose
same, zoning ordinances, and taxes for the current year and subsequent years.
Said grantor does hereby fully warrant the title to said land, and will defend that same against the lawful claims of all persons
whomsoever.
*"Grantor" and "grantee" are used for singular or plural, as context requires.
A J0 W4prref, Grantor has hereunto set grantor's hand and seal the day and year first above written.
Agne sealed and delivered in our presence.
LAKE WINDEMM VMT-AS,.
BY:
Charles Rowan, Presiderit,-i,,;,,
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day before me, an officer duly RECORDING BOX.
qualified to take acknowledgments, personally appeared �00
m
CHARLES ROWAN, PRESIDENT OF LAKE WINDEMERE VILLAS, INC. n
- - —- _ to me
known to be the person described in and who executed the
foregoing instrument and acknowledged before me that he Co
executed the same.
nee tear�In r ON
jttIP0 k.my hand and official seal in the County and State � froward COUntr for�'M*ntW �'
last aforesaid this day of (,��� ?ax as r IT60 by IaW.Doom
�r-
19
T m
(a DOCUMENTARY STAMPS
Not y Public vV`
My commission neexWires pp C
This Instrument Was Prepared By: Gt� IWIG Stet :-f Floes `l
J AAY Commission"Expires"Qu 'g,"1 p
,y r K.L L. OSIIY1KI, ESQ•. Bonded Thru Troy Fain.Inwrannce,In i
2929 N.UNIVERSITY DR t
BELIE TERRE EAST SUITE B TO HOME T!TLFa
CO!:AL SPRINGS,FL 33065 �'!� E `3 '' �Iv.
NO. MIA14i G>>_., riA 33162
.�:_
dG 105 3
MORTGAGE RELEASE, SATISFACTION, AND DISCHARGE
In consideration of the payment and full satisfaction of all indebtedness secured by
that certain mortgage of $45,000.00 dated September 26, 1985 executed by
ESTHER GUBANI, AN UNMARRIED PERSON
to STANDARD FEDERAL SAVINGS AND LOAN ASSOCIATION ,
recorded at Volume/Book 12863 , Page 308 and/or Instrument Number
85-332123 on October 2, 1985 in the records of BROWARD County,
Florida , the undersigned, being the present legal owner of said indebtedness
and thereby entitled and authorized to receive said payment, does hereby release,
satisfy, and discharge said mortgage in full and does hereby consent that the same be
cancelled and discharged of record.
In witness whereof, the undersigned has caused these presents to be executed on this
the 19th day of June , 1990.
STANDARD FEDERAL SAVINGS BANK
�ERAC S
•aPPOngl•4L
O SEAL
1967
Uwe
Attest�- ( By: �-
JUDY IONN U JOHN A A S
ASSISTANT SECRETARY VICE PRESIDENT
V
del• red in the presense o Wi HesIESS UlAness LEA BOGER
State of Maryland
County of Frederick
On this 19th day of June , 1990, before me, the undersigned officer, personally
appeared JOHN ADAMS and JUDY MANN who
acknowledged themselves to be the VICE PRESIDENT and
ASSISTANT SECRETARY of the above named corporation,
and that they, as such officers, being authorized so to do, executed the foregoing
Oinstrument for the purposes therein contained, by signing the name of the corporation by
themselves as VICE PRESIDENT and ASSISTANT SECRETARY
In witness whereof I hereunto set my hand and official seal.
�XtueaRLY ` "`�-- -KI-mBERIL- .-]A-.—ROB SON- _ , Notary__Public
ROBINSON
My commission expires: August 1, 1994
TO
Prepared by: I", RECORDED IN THE OFFICIAL RECORDS BOOK
ANN THOMPSON Of BROWARD COUNTY, FLORIDA
Standard Federal Savings Bank L. A. NESTER
P.O. Box 7130, Dept. 1010 COUNTY ADMINISTRATOR
Gaithersburg, MD 20898-7130
RM01 LOAN: 432635 / ESTHER GUBANI
SUPPORT IN- JRN IATION RE: FRED N,.SSIMHLLA'S
APPLICATION FOR VARIANCE
1. I am fortunate to have the largest and tallest tree in the neighborhood in front of our
• home. The shade afforded and the beauty is appreciated seven months of the year. The
downside is that the other five months the tree turns into a monster and produces a fait
that is approximately the size of a small egg. When the fruit starts shedding, these seeds
splatter upon landing to expose the pit. The juice is acidic and destroys the paint on
,automobiles. Enclosed is a copy of a page from "BETROCKS'S reference grlide to
Florida landscape plants". The tree is a Java Plum and the article mentions twice that it
is a ``very large tree with extremely messy fiu* '° As the ground and the cars become
littered, the rodents have a feast.
I have considered having the tree removed and replacing it with another. Unfortunately
the cost proved to be prohibitive and alas I am seventy-two years old and cannot hope to
survive long enough to enjoy the shade of even the fastest growing shade tree.
There is an office building on the next block and until three years ago we parked in their
parking lot on off-hours. This is no longer an option because:
2. I've had major back surgery that, miracle of miracles, has made it possible for me to have
limited mobility, but not enough to negotiate even the short walk from the office building
parking lot without a great deal of pain. The lumbar lamenectimy was performed in
Parkway Hospital by Doctors Mark Lustgarten (neuro-surgeon) and Barry Silverman
(orthopedic-surgeon).
To further complicate my young life, I have developed CPOD aggravated by acute
asthma and emphysema. I am a patient of the respiratory disease clinic at Mount Sinai
Hospital. Even dressing myself or getting up from a chair leaves me breathless! My
doctor is Dr. Larry S. Cohen: 21110 Biscayne Blvd., Aventura FL 33180; (305) 937
3752.
The obvious answer to both problems is to protect our vehicles with a canopy.
3. The original survey obtained by the builder shows a paved parking area large enough
for two cars in the front of each of the sixty-six duplexes that he built in the mid
1980s. I am the original owner of our home. The builder already planted the tree.
The canopy that I installed only covers this paved area as shown in the survey. My
neighbor's home is the mirror image of mine and her paved parking area is only
separated from mine by an eight-foot high hedge. The hedge also runs parallel to the
street between the parking area and the sidewalk. The huge trunk of the tree bisects
the hedge in the middle.
4. The canopy is made from two kits purchased from Home Depot. The framework
consists of two inch diameter galvanized steel pipe with fitted joints of the same
material. The canopy is made of a two ply laminated plastic and is meant to be easily
installed and/or removed as conditions require. It is also stocked and sold as a
replacement item by Home Depot. There are twelve vertical legs each of which I
have had set in concrete eighteen inches deep. To ensure strength I had four lag bolts
installed at right angles into the bottom of each leg to be surrounded by concrete. I
believe that if a major hurricane (god forbid) came through and washed away all the
buildings, similar to what Andrew did to Homestead, my framework would remain
standing.
_ AGENDA REQUEST FORM
- CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: NOVEMBER 26, 2002
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS -VA-50-02 VARIANCE
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Variance request by Fred Massimilla from the Broward County Zoning Code Article XVI
Residential Zoning Districts for the installation of a vehicle canopy located at 5800 Park
Road.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Letter from Applicant
Public Hearing Notices
Mailing List
Location Map
Site Plan (8 '/2" x 11")
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds,AICP, Director Date November 22, 2002
Growth Management Department
City Manager Date
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Ivan Pato. City Manager
FROM: Laurence Leeds AICP, Director
Growth Management Department
DATE: October 20, 2002
RE: VA-50-02: Variance request by Fred Massimilla to
maintain two (2) automobile vehicle canopies with a
five feet front yard setback (18 foot setback
required) and two foot side yard setback (five feet
required). Property located at 5800 Park Road, Dania
Beach.
The applicant constructed canopies without permits above two paved parking
spaces in the front yard of a duplex residence. The canopies are setback
. approximately five feet from the front lot line (18 feet required) and
approximately 2-3 feet from the side lot line (five feet required).
The applicant submitted the variance request after being cited by Code
Enforcement for the setback violations and construction without a permit. The
applicant must remove the canopies if the variance is not granted.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Approval, based on the configuration of the lot and existing tree.
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania City
Commission on Tuesday, November 26, 2002, at 7:00 p.m., or as soon thereafter as
possible, in the Dania Beach City Commission Room, Administrative Center, 100 West
Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any
comments which might be made to the following requests:
VA-50-02 Variance request by Fred Massimilla from the Broward County Zoning
Code Article XVI Residential Zoning Districts for the installation of a vehicle
canopy located at 5800 Park Road, Dania Beach.
Property is legally described as Lot 2 of the Plat of "La Beau Acres Fourth Unit", as
recorded in plat book 106, page 34, of the public records of Broward County, Florida
and containing 4,259 square feet, more or less.
A copy of the proposal is available for viewing in the Growth Management Department,
100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and
4:00 p.m., Monday — Friday please call (954) 924-3645 for more information.
Interested parties may appear at the public hearing and be heard with respect to the
proposed petition.
In accordance with the Americans With Disabilities Act, persons needing assistance to
participate in any of these proceedings should contact Charlene Johnson, City Clerk,
100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours
prior to meeting.
Any person who decides to appeal any decision made by the City Commission with
regard to any matter considered at this meeting or hearing will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to based.
Lou Ann Cunningham
Planning Technician
Mail: Friday, November 15, 2002
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LOT 2 OF THE PLAT OF "LA BEAU ACRES FOURTH UNIT" , AS RECORDED IN PLAT BOOK
106, PAGE 34 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND CONTAINI:
¢259 SQUARE FEET, MORE OR LESS .
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• UPDATES ana/or REVISIONS DATE BY CK'D I HEREBY CERTIFY THAT THE ATTACHED SKETCH AF gNaJEY
AID OTHER PERTINENT DATA SHOWN HEREON,OF THE ABOVE OESCRIBEI
�74 /Z-/-B3 JPL8 TECHNICAL STANDARDS FOR
u SATE OFHE MINIMUlul LORIDA AS ADOPTED BY THE
�I►1�L -� DEPARTMENT OF PROFESSIONAL CYSULATION, BOARD Of LAND
- � y`yO�'o,Ci SEPTELtDe:R If/i,AN@ THAT SAID SKETCH IS TRu2 AN
D 62,w,j or 2o4(:) J L ;rr�'f+ CORRECT TO THE BEST OF hn ItNOWLEDaE AND BELIEF.
NOTES,
13 REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED
WITH AN VABOSSED 3URvEYOR'S SEAL.
24 LANDS SHOWN 14EREON WERE NOT ♦RSTRACTrn FnR FAccsmrbrc i
6
CITY OF DANIA BEACH
MEMORANDUM
TO: Larry Leeds, Growth Management Director
cc: Charlene Johnson, City Clerk
FROM: Tom Ansbro, City Attorney��
DATE: December 5, 2002
• RE: Proposed Restrictive Covenant For Massimilla Property; Vehicle Canopy; City
File VA-50-02
Pursuant to the condition imposed by the City Commission at its November 26, 2002
meeting, with the applicant's and property owner's consents, attached you will find a draft of a
proposed Declaration of Restrictive Covenant. Based on my recollection, Fred Massamilla, the
applicant is not a title holder of the realty and I have drafted the document to only identify Mrs.
Massamilla as the owner. Please forward this to them for their review, confirmation as to
accuracy of ownership and preferably have them provide a copy of the deed under which the
owner(s) currently holds title (so that we can have the benefit of an accurate legal description and
identification of the title holders).
If there are any questions or concerns, please advise.
TJA:slw
Attachment
This instrument prepared by:
Thomas Ansbro, Esq.
City Attorney for
City of Dania Beach
c/o 3107 Stirling Road, Suite 300
Ft. Lauderdale, FL 33312
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Covenant") made on
200_ by Esther Gubani Massimilla, with a post office address at 5800 Park
Road, Ft. Lauderdale, FL 33312 ("Owner"), shall be and is for the benefit of THE CITY OF
DANIA BEACH, a political subdivision of the State of Florida, with a post office address at 100
West Dania Beach Boulevard, Dania Beach, FL 33004 ("City").
WHEREAS, the Owner is the fee simple owner of the property more particularly
described in Exhibit A ("Property"); and
WHEREAS, the Owner has received variance approval from the City of Dania Beach to
® retain a vehicle canopy structure (the "Structure") in the front yard of the Property owned by
Owner, which Property is located at the address first set forth above, and which Property is also
located in the City; and
WHEREAS, the Owner agrees to grant this Covenant to the City in order to place a
certain restriction upon the Property;
NOW, THEREFORE, in consideration of the promises and covenants contained in this
Covenant, Owner declares that the Property shall be owned, held, used and occupied subject to
the covenants, restrictions and regulations set forth below, all of which shall run with the
Property and any part of it and which shall be binding upon all parties having any right, title or
interest in the Property or any part of it.
1. Recitations. The recitations set forth above are true and correct and are
incorporated into this Covenant by this reference.
2. Removal of Structure. If, at any time, the Owner of the Property sells, transfers or
conveys the Property, the Structure shall be removed before the date of such conveyance. The
failure of Owner to promptly remove the Structure before such conveyance will, effective
immediately on or after the date of conveyance of title, authorize the City to have the Structure
removed and all costs associated with such removal shall automatically become a lien upon the
Property, which lien may be enforced through foreclosure and shall include the City's legal costs
• and attorney fees.
1
3. Benefit and Amendment to Covenants. These covenants shall be for the benefit of
and shall run in favor of the City. These Covenants shall run with the land and shall be binding
upon all parties taking title through the undersigned from the date these Covenants are recorded
in the Public Records of Broward County, Florida. This Covenant may be amended or removed
only by a written document of equal dignity approved in writing by the City.
4. Remedy for Breach. Any breach, as determined by the City, of this Declaration
shall justify and allow the City to apply to any Court of law or equity having jurisdiction for an
injunction or other proper relief, and if such relief be granted, the Court may, in its discretion,
award to the City in any such action, the reasonable expenses in prosecuting the suit, including
reasonable attorney fees and legal costs.
5. No Waiver of Breach. In the event of any breach of any provisions of this
Covenant, any delay or failure on the part of the City to exercise any rights, powers or remedies
provided in this document shall not be construed as a waiver of them or acquiescence in them.
6. Amendments. This Covenant shall not be modified, amended or released as to all
or any portion of the Property except by written instrument, executed by Owner of the Property
and approved in writing by the City. Any amendment, modification or release of this Covenant
shall be recorded in the Public Records of Broward County, Florida at Owner's expense.
• 7. Recording of Persons Bound. This Covenant shall be recorded in the Public
Records of Broward County for the sole benefit of the City and shall bind Owner and all heirs,
successors and assigns to the title of the Property. It shall be recorded by the City at Owner's
expense.
8. Effective Date. This Declaration of Restrictive Covenants shall become effective
upon the date it is recorded in the Public Records.
9. Captions, Headings and Titles. Articles, paragraph captions, headings and titles
inserted throughout this Covenant are intended as a matter of convenience only and in no way
shall such captions, headings or titles define, limit or in any way affect the subject matter or any
of the terms and provisions of this Covenant.
10. Context. Whenever the context requires or admits, any pronoun used in this
Covenant may be deemed to mean the corresponding masculine, feminine or neuter form and the
singular form of any nouns or pronouns may be deemed to mean the corresponding plural form
and vice versa.
2
• 11. Applicable Law and Venue. This Covenant shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. Venue for litigation concerning
this Covenant shall be in Broward County, Florida.
IN WITNESS OF THE FOREGOING, the Owner has executed this Declaration of
Restrictive Covenants on the date first above written.
OWNER:
WITNESSES: Esther Gubani Massamilla, a married woman
By:
Signature Signature
Print Name:
By:
Signature
(SEAL)
• Print Name:
ACKNOWLEGEMENT
STATE OF FLORIDA )
)SS:
COUNTY OF Broward )
I CERTIFY that on this day, before me, an officer duly authorized in the State and in the
County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before
me by the Owner of the Property identified above. She is
personally known to me(or produced as identification).
WITNESS my hand and official seal in the County and State last aforesaid on
200_.
Notary Public
My commission expires:
Typed,printed or stamped name of
Notary Public
•
3
INTEROFFICE
MEMORANDUM
CITY OF DANIA BEACH
CITY CLERK DEPARTMENT
TO: Linda Mason, Accounts Receivable Department
FROM: Charlene Johnson, City Clerk
RE: Recording of"Declaration of Restrictive Covenants"-Fred Massimilla
for property located at 5800 Park Road
DATE: December 19, 2002
As directed at the November 26, 2002, Commission meeting, I am forwarding the
attached original documents for recording in the public records of Broward County. If you
need a DR219 form for this recording, please let me know.
Otherwise, the recording fees may be charged to City Clerk Account#001-12-0300-53-
490.
Upon receiving the recorded documents from Broward County, please return them to my
department.
Thank you for your assistance.
/cj