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Home My WebLink AboutR-1993-197 'I !F A:f hRESOLUTION NO. 19 7-9 3 i A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE FORM OF RESTRICTIVE COVENANTS IMPOSED BY REGAL HOMES, INC. COVERING THE REAL PROPERTY DESCRIBED THEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the form of Restrictive Covenants imposed by Regal Homes, Inc., a Florida corporation, covering the real property described therein and known as the "Ligotti property", a copy of which is attached hereto as Exhibit "A", be and the same is hereby approved. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 14 t h day of December 1993. ATTEST: MAYOR - COMMISSIONER CITY CLERK-- AUDITOR APPROVED AS TO FORM AND CORRECTNESS BY: Frank C. Adler, City Attorney i 1 M A1a h x REGAL HONES, INC. , Declaration of Restrictive Covenants - - I;.,; a Florida corporation to t The Public (t( THIS Declaration of Restrictive Covenants made this day of December, ` III) 1993 by REGAL HONES, INC., a Florida corporation, covering the following described property, lying and being in the City of Dania, Broward County, Florida, to-wit: See EXHIBIT "A" attached hereto and made a part hereof by reference. WHEREAS, REGAL BONES, INC., in the owner of the above described property which has previously been platted into blocks and is to be developed for residential purposes, which said Plat has been recorded under the name of AMENDED PLAT OF HOLLYWOOD BEACH PARR NO. 2, as recorded in Plat Book 14, Page Sl, of the Public Se- 7 cords of Broward County. Florida; and WHEREAS, it in desired to establish restrictive and protective covenants concerning the said lands and lots for the benefit and protection of the said area which shall inure to the benefit and pass with said property and each and every par- cal thereof, and each owner or any part thereof, and shall apply to and bind the successors in interest and any owner thereof; and WHEREAS, it is contemplated and agreed that the observance of the protective covenants and the reservations will be beneficial to all lots in the subdivision; that the breach of any of were will naturally impair the value of said lots and any improvements thereon and will constitute a nuisance and relief of such breach may be ' had by the use of preventive or mandatory injunction, suit for damages or any other equitable relief offered by the courts and the laws of this State. NOW THEREFORE, Witnesseth that the following restrictive and protective cove- nants are hereby established, declared and prescribed: 1. LAND USE AND BUILDING TYPE: No lot or lots described above shall be used for other than single family residence purposes. There shall not exist on any lot more than one residence which will not exceed two (2) stories in. beighe and no temporary residence, out-building, trailer or guest house shall be maintained thereon. No garage shall be constructed except as an integral part of [be residence is Is intended to serve. There shall be no more than thirty-one (31) detached single family residences as approved by the City of Dania on November 29, 1993. 2. EXISTENCE AND DURATION OF COVENANTS: These covenants, restrictions and servitudes shall be considered and construed as covenants running with the land and said covenants, restrictions and servitudes shall remain and continue in full force and effect until the First day of January. 2023, after which time said cove- nanta, restrictions and servitudes shall he automatically extended for successive - j pertode of ten years unless an instrument signed by a majority of the then title 11 holders of the Iota has been recorded agreeing to change said covenants in whole or in part. and specifying ouch change or changes. EXHIBIT «q„ n .. - , j I ^� 3, MxMlES MR VIOLATI039 - INVALIIlATI0N3: For violation or breach of any of these covenants and restrictions by any parwa claiming by, tltro¢gh {- • Illl r by virtue of any judicial proceedings. the subdividers, or under the subdividers o EF the City of Dania. Florida, and the Lot Own or any of than severally. shall have f the right to proceed at law or in equity to compel a complLmnce with the ear's here- of or to prevent the violation or breach of any of thes. This Declaration of Restrictive Covenants is granted in consideration of tla City of Dania. Florida, granting all related land Use, Zoning. - and Varian es wall am Any other approvals as may be needed for the construction of thirty-one (31) detached single family residences on the aforedetezibad property. IN VITNESS WHEREOF, REGAL HOMES, INC. has caused these presents to be signed i is its moe by its proper officer. and its corporate $eal co be affixed, the day and iyear written above. ! vice President 9BLI.DON B. BOFFNAN - - i , ACENOW.EDCED on the day of December, 1993 by SHELDON B. BOFFMAN. before Vice President of REGAL n Notary PoblleFlmrgrward Cwotyloida 6jFlorida, with official asal affixed; Coenjasion Expires'. f i , i i I 444i DEC 08-1993 11 12 7 P .03 fY•� 43� Yt"�Tl`i, PARCEL A: All ofv"A1fE.`1DED PLAT OF HOLLYWOOD BEACH PARK SO 211, according to the plat _ -� thereof, as recorded in Plat Book 14, Page 51. of the public records of Broward . .i County, Florida. LESS the West 25.00 feet for road right-of-waq, AND PARCEL D: Portions of "AMENDED PLAT OF HOLLYWOOD BEACH PARK N0. 2" according to the Plat thereof as recorded is Plat book 14, Page 51, of the Public Records of Brovard County, 1lorida, said portions being more particularly described an follows: East of the Pant right- 1 All that portion of Douglas Avenue as show on said Plat Aging i of-way line of S.E. 5th Avenue, (formerly PIA as Bch Avenue) described as Follows: f Begin at the Northeast corner of Block 2 of said Plat; thence on an assumed bearing of South 87039'50" West along the North line of said Block 2 a distance of 298.26 feet to a point of curvature ofda 10 foot radius curve (as scaled from said Plat), said curve : being concave to the Southeast; thence Southwesterly along amid curve and said North line through a central angle of 89'16'16" an arc distance of 15.58 feat to a polar of cusp lying oa the East rigbtrofway line of said S.E. 5th Avenue; thence North Ol'36' 25" West along said Bast right-of-+ray line a distance of 60.00 lest to • point of cusp on the arc of a 10.00 foot radiae curve (as scaled fr�ia cudurv�aal�o befog the So said curve uth concave to the Northasst; them Southeasterly along line of Block 1 of said Plat through a central angle of 90'43144" an arc distance of 11.84 feet to a point of tangency; thence North 8739*50" Last along said South line •an h the Sdistance of outh 0l 37'58 ; thence i•East foot Along said tiaatboundaryction t• distances o boundary-00 feet to the tPOINT 0! BEGINNING; together with all that portion of Chayanna Avenue as show on said Plat lying Last of the East right- 1 of-way lens of S.L. 5th Avenue, (formerly platted as 8th Avenue), described as follows BEGIN at thm Northeast corner of Block 3 of said Plat; thence South 87'43'45" West along the North line of said Block 3 a distance of 298.35 feat to A point of curvature of a 10 loot radlne curve (se scaled from said Plat), said curve being concave to the Southwest; Chance southwesterly along said curve and Amid Worth line thr oh�e cs Last arighc-of-w7 angle Of 9° 20,10" an are distance of 15.59 feet to • point of coop lying on line of said S.E. Sth Avenue; thence NotOLOIo',P'o"thasarclofgas10.00 foot id East radium carve line a distance of 60.00 teat to a point (as scaled from said Plat), said carve being concave to the Northeast; than" South- t through • easterly along said curve also being the South line of Block 2 of said Pla central angle of 90°39'50" an arc distance' of 15.82 feet to a point of tangency; thence tion North 87°4345" Lea g•midsaid ?Let; thenceaSouth O1'37t58"7East feet along *aiduLes t bcound- with the Past boundaryy of . ary a distance of 40.00 fast to the POINT OT BEGINHUW. Ease of the also together with all that portion of Lake Drive as shown on said Plat lying East tight-of-ray line of S.E. Sth Avenue (formerly platted as 8th Avenue) described as follows: BEGIN at the Northeast corner of Block 1 of said Plat; thence on an assumed bearing of South 87'35'33" West along the North line of said Block 1 a distance of 297.92 feet to .00 foot radius curve (as scaled from said Plat). said curve a point of curvature of a 10 thence Southwesterly along said curve and said North being concave to the Southeast; Line through a central angle of 89111158" am arc di ataaea of 15.57 feet to • point of cusp lying on the Exec right-of-way line of S.E. 5th Avenue; thence North 0136125" West along said goat right-of-way line a diacance of 34.86 feet; thence North 8735'33" East i along the North boundary of said Plat a distance of 307.77 feet; thence South 01'37158" Past along the Last boundary of said Plat a distance of 25.00 feat to the POINT OF BEGIN- HIM. EXHIBIT "A" ' r .. _ w_ � f k 1` E I E _ '��' _ ,; v A �. _ _: an c i �`'> w t�., tJT�yY i �% 1 5 1 �:V�Ti.. C U I . 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