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Home My WebLink AboutCity of Tamarac Resolution R-96-171Temp. Reso. # 7494 1 7/12/96 Rev #1 7/17/96 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-96--W A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN ASSIGNMENT OF USE AND BUILDING RESTRICTIONS TO TAMARAC LAKES SOUTH, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac was the assignee of certain obligations, rights and servitudes under a Use and Building Restrictions Deed dated July 19, 1966, and recorded in the Public Records of Broward County, Florida, at Official Records Book 3264, page 499, as Tamarac Lakes South in Tamarac, Broward County, Florida; and WHEREAS, Tamarac Lakes South, Inc. is a Florida not -far -profit corporation and the homeowners association for Tamarac Lakes South, a subdivision according to the plat thereof recorded in Plat Book 62, page 24, of the Public Records of Broward County, Florida; and WHEREAS, by Resolution 71-12 and Resolution 77-187, the City of Tamarac affirmatively declared its intent to terminate carrying out the obligations, rights, and servitudes contained in said Use and Building Restrictions Deed; and WHEREAS, Tamarac Lakes South, Inc. was incorporated on February 1, 1971, and on March 27, 1996, a resolution was adopted by said corporation to accept the assignment of the obligations, rights and servitudes set forth in the aforementioned Deed; and WHEREAS, Tamarac Lakes South, Inc. is desirous of carrying out the intent of the City of Tamarac Resolutions 71-12 and 77-187; and WHEREAS, the City of Tamarac has never formally assigned its rights and duties under Temp. Reso. # 7494 2 7/12/96 Rev. #1 7/17/96 said Deed except for paragraphs 6 and 7 thereof which was earlier assigned to Tamarac Lakes South Civic Association, Inc. by Resolution 93-50; and WHEREAS, after investigation it does not appear that the City would be adversely affected by making the requested assignment; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the assignment of the use and building restrictions to Tamarac Lakes South, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the City Commission hereby assigns to Tamarac Lakes South, Inc. all rights, duties, obligations, or servitudes which it may have under that certain Use and Building Restrictions Deed recorded in Official Records Book 3264, at page 499, of the Public Records of Broward County, Florida, except for paragraphs 6 and 7 which were previously assigned to Tamarac Lakes South Civic Association, Inc. SECTION 3: That the appropriate officials of the City of Tamarac are hereby authorized to execute this Assignment on behalf of the City, (a copy of which is attached as Exhibit "A") 1 1 Temp. Reso. # 7494 3 7/12/96 Rev. #1 7/17/96 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 19 d ofV/Y , 1996. ORMAN ABRAMOWITZ MAYOR - ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I pproved this REs4aLUTION w.4ohrnKe MITCHELL S. KI CITY ATTORN RECORD OF COMMISSION MAYOR DIST 1:.._ COMM. McIKAYE DIST 2r Yr I�ISUM DIST 3: DIST 4:.._ COMM. HOFFMAN Exhibit A This instrument was prepared by and return to: Alan Francis Ruf, Esq. 2455 E. Sunrise Blvd. Penthouse East Ft. Lauderdale, FL 33304 ASSIGNMENT OF USE AND BUILD114G RESTRICTIONS WHEREAS, the CITY OF TAMARAC, FLORIDA, a Municipal Corporation of the State of Florida, is the assignee of certain use and building restrictions recorded in the Public Records of Broward County, Florida, at Official Records Book 3264, at page 499, which Assignment was recorded in Official Records Book 3271, at page 95, of the Public Records of Broward County, Florida; and WHEREAS, the CITY OF TAMARAC, FLORIDA, is desirous of assigning all of its right, title and interest in and to said use and building restrictions to TAMARAC LAKES SOUTH, INC., and the aforesaid TAMARAC LAKES SOUTH, INC. is desirous of accepting the rights, duties, and obligations created thereunder; and WHEREAS, the CITY OF TAMARAC, FLORIDA, has previously assigned paragraphs 6 and 7 of said restrictions to Tamarac Lakes South Civic Association, Inc. by Resolution No, 93-50. NOW, THEREFORE, in consideration of the Sum of One Dollar ($1.00) and other good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the CITY OF TAMARAC, FLORIDA, a Municipal Corporation of the State of Florida, does hereby assign, convey, sell and transfer all of its right, title and interest of whatever nature in and to that Use and Building Restrictions Deed dated July 19, 1966, with the exception of paragraphs 6 and 7 thereof, to TAMARAC LAKES SOUTH, INC. This Assignment is made and conveyed without recourse to the assignor, the CITY OF TAMARAC, FLORIDA, and said City shall hereafter be fully released from any and all obligations and all liabilities with respect to the covenants of the aforesaid lease. �J WHEREAS, TAMARAC LAKES SOUTH, INC. recognizes the rights, duties and obligations created by said Assignment and has been fully advised of same, and deems it in the best interest of TAMARAC LAKES SOUTH, INC. and all of its individual members to accept said Assignment. NOW, THEREFORE, in consideration of the Assignment of the aforesaid Use and Building Restrictions Deed and other good and valuable considerations, the foregoing Assignment by the CITY OF TAMARAC, FLORIDA, is hereby accepted, and all of the terms, conditions, and obligations thereof are hereby approved and accepted by TAMARAC LAKES SOUTH, INC. Dated this 0 day of 1,171 1996. TAMARAC ,� LAKES SOUTH, INC. BY Z (I_e= r__444 PRESIDE&T ATTEST: y SECRET 'V'"- y STATE OF FLORIDA, COUNTY OF BROWARD, to -wit: BEFORE ME, the undersigned authority, this day personally appeared e-ONe- e*— and M rile,, C , the President and Secret y, respectively, of Tamarac Lakes South, Inc., to me personally known or who have produced J�Iorlcl& ,Z)r,,JerS L,iG as identification, who acknowledged that they executed the foregoing Acceptance of Assignment of Use and Building Restrictions as such officials, and that they have affixed thereto the official seal of Tamarac Lakes South, Inc. IN WITNESS WHEREOF, I hereunto set my hand and off ical seal at 0_ V'&"F- Broward County, Florida, this 20 day of A, o� f , 1996. V NOTARdt PUBLIC it°��r•4j KamJadm)n Print Name: AQreG��Sl�t1 Notary Public, State of Florida n Cnmonisrioa No. CC 339151 h a7� ExpirmOS/14/00, My Commission Expires: f I�OfMidgTAAY. Ma N&jq 3—ke A B..ft{C..' S1)1N1N1N»l)))1)Sll)11))11))»1N)1)l)))1N))11 3 7/ This Assignment shall take effect on the day of 1996. ATTEST: THE CITY OF TAMARAC, FLORIDA By YOR, NORMAN ABRAMOWIT CITY CLERK, CAROL A. EVANS, CMC \�✓� CITY -MANAGER, ROBEpT S. , JR. MpIrjoppe STATE OF FLORIDA, COUNTY OF BROWARD, to -wit: BEFORE ME, the undersigned authority, hi day personally appeared IyarmaA "rgmc,� i fL_ and �p( nM p 117S , the Mayor and City Manager, respectively, of the City of Tamarac, Florida,_a nicipal Corporation of the State of Florida, me erson o or who have produced as identification, who acknowledged that they executed the foregoing Assignment of Use and Building Restrictions as such officials, and that they have affixed thereto the official seal of the City. IN WITNESS WHEREOF, I hereunto set my hand and off ical seal at Tamarac, Broward County, Florida, this �1,q day of , 1996. ATTEST: </Y` NOTAR UBLIC Print Name: CITY CLERK My Commission Expires: 'j!!N!!!l!!!l!lllNINNJ!!!!l!!!llllNlJJJIlJJ!!1 � IGaten Jackson Notuylltblic, State of Florida , Commission No. CC 539151 < o� Rod My Commission l;xpires 0511000' ACCEPTANCE OF ASSIGNMENT i lacrw•wor�ax- n.w�rysrmoeaBmAd Cal WHEREAS, TAMARAC LAKES SOUTH, INC. is desirous of accepting the foregoing Assignment of Use and Building Restrictions dated July 19, 1966, and recorded in Official Records Book 3264, at page 499, of the Public Records of Broward County, Florida, except for paragraphs 6 and 7 previously assigned to Tamarac Lakes South Civic Association, Inc.; and 2