HomeMy WebLinkAboutCity of Tamarac Resolution R-82-257Introduced by: /LJ TEMP. #2439
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. - ?_
A RESOLUTION AUTHORIZING THE ASSIGNMENT
OF THE USE AND BUILDING RESTRICTIONS TO
TEMS ASSOCIATION OF TAMARAC LAKES 1 AND 2.
WHEREAS, the City of Tamarac by Resolution No. 64-2 dated
March 26, 1964 accepted an assignment of paragraph 5, O.R. Book 2790
page 702 of the Use and Building Restrictions, O.R. Book 2765 page 450
from Tamarac Lakes 1 and 2; and
WHEREAS, the City of Tamarac by Resolution No. 64-3 dated
March 26, 1964 accepted an assignment of paragraph 6 O.R. Book 2792
page 32 of the Use and Building Restrictions from Tamarac Lakes, Inc.;
and
WHEREAS, the TEMS Association of Tamarac Lakes 1 and 2 has
requested the City to assign its interest to the Association and have
agreed to accept the same; and
WHEREAS, after investigation it does not appear that the City
would be adversely affected by making the requested assignment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the City Council hereby assigns to the TEMS
Association any rights, duties, obligations or servitudes which it may
have under that certain Use and Building Restrictions dated February 28,
1964, Official Records Book 2765, page 450 of the Public Records of
Broward County, Florida.
SECTION 2: That the appropriate officials of the City of Tamarac
are hereby authorized to execute the Assignment on behalf of the City.
PASSED, APPROVED AND ADOPTED this_i`�=day of , 1982.
Y
ATTEST:
ASSISTANT CITY -CLERK
I HEREBY CERTIFY,,that I have
approved the fo m and correctness
MAYOR:
of this RESOLU ION.
DISTRICT
DISTRICT
CITY R r
DISTRICT
�f- �
DISTRICT
RECORD OF COUNCIL VOTE
ASSIGNMENT OF USE AND BUILDING RESTRICTIONS
WHEREAS, The City of Tamarac, P.O. Box 25010, Tamarac,
Florida, a municipal corporation of the State of Florida, was
the Assignee of certain rights and obligations pursuant to an
Agreement of a Lessee's interest in the Use and Building Re-
strictions from Tamarac Lakes, Inc., a Florida Corporation under
an Assignment dated April 1, 1964 and as recorded in Official
Records Book 2790 and 2792, Pages 702 and 32, of the Public
Records of Broward County, Florida on April 16, 1964, and
WHEREAS, the City of Tamarac, Florida is desirous of
assigning all of the rights, duties, obligations and servitures
which it may have under that certain Use and Building Restric-
tion dated February 28, 1964, and recorded on March 5, 1964,
in Official Records Book 2765, Page 450 of the Public Records
of Broward County, Florida, and that the City deems it in the
best interests of the public and the residents of Tamarac Lakes
1 & 2 to assign its interest in said Restrictions, and
WHEREAS, the TEMS Association of Tamarac Lakes 1 & 2,
Tamarac, Florida, is desirous of accepting said Assignment and
assuming the rights, duties and obligations as may still exist
under said Lease.
NOW, THEREFORE, in consideration of the Assignment and the
acceptance of same and the sum of One Dollar ($1.00) and other
good and valuable considerations, the City of Tamarac, Florida,
hereby assigns, conveys, sells and transfers unto the TEMS As-
sociation, Inc., all of its rights, duties, obligations and
servitudes as it may have in that certain restrictions dated the
28th day of February, 1964, and recorded on the 5th day of March,
1964, in the Official Records Book 2765 at Page 450, of the
Public Records of Broward County, Florida, which Restrictions
relate to the following described lands:
TAMARAC LAKES, according to the plat thereof
recorded in Plat Book 58, Page 40, of the
Public Records of Broward County, Florida,
and
That part of the S 1/2 of the SW 1/4 of
Section 16, Township 49 South, Range 42
East, Broward County, Florida, lying North
of Prospect Field Road, described as follows:
Begin at the Northwest corner of said S 1/2
of the SW 1/4; thence East along the North
line of said S 1/2 of the SW 1/4, a distance
of 435 feet to the Point of Beginning of this
description; thence continue east along the
North line of said S 1/2 of the SW 1/4 on a
bearing of'N-880 56' 28"-E, a distance of
715.164 feet to a point; thence 5-01° 15'
00"-E, a distance of 560.959 feet to a point
on the North right-of-way line of Prospect
Field Road; thence N-770 39' 11"-W, along said
North right-of-way line, a distance of 736.208
feet to a point; thence N-01° 11' 25"-W, a
distance of 390.269 feet to the Point of Begin-
ning; containing 7.81 acres, more or less;
The City of Tamarac, Florida, as the Assignor, deems it
in the best interests of the general public to assign the afore-
said Lease and the TEMS Association, Inc., as the Assignee, deems
it in the best interests of the Corporation and its individual
members to accept said assignment and all of the rights, duties,
obligations and servitudes which may still exist under said Lease.
The Assignor and the Assignee further agree and acknowledge
that the City of Tamarac, as Assignor, shall hereafter be fully
discharged from any and all obligations, rights and duties
created by said Restrictions and that said Assignment is conveyed
and granted without recourse to the Assignor.
The Assignment shall take effect on the day of
CITY OF TAMARAC
By I �� )'-� -
MAYOR
STATE OF FID DA )
ss:
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personally appeared
Gy� &). and ]A&gA�&
respectively asand T .,
of the City of Tamarac, Florida, to me personally known, this day
acknowledged before me that they executed the foregoing Assignment
of Use and Building Restrictions pursuant to express authorization
and that they did so as such municipal officials and that they have
affixed thereto the official seal of said City.
IN WITNESS WBEREOF, I have hereunto set my hand and official
seal at Broward County, Florida, this ��day
of 1982.
Notary Public State of Florida
My Comnission Expires:
VOTARY PLUIG STATE OF FLORIDA AT LA&G..
MY AFR 21 1984
r
ACCEPTANCE OF ASSIGNMENT
In consideration of the foregoing Assignment and other
good and valuable considerations, the receipt and adequacy of
which are hereby acknowledged, the TEMS Association, Inc.,
of Tamarac Lakes 1 and 2, a Florida corporation not -.for -profit,
hereby accepts all of the terms and conditions of said Assign-
ment and further acknowledges that it is fully aware of the
existing terms, conditions, and covenants of said Lease assign-
ed by the foregoing instrument.
TEMS ASSOCIATION, INC.
BO�
Preside t � ij
Signed, Sealed nd
delivered in th Attest
presen of :
1
STATE OF FLORIDA )
)ss:
COUNTY OF BROWARD)
BEFORE ME, the undersigned authority, personally
appeared %ice an Le_). �i•c�eLc�
respectively, to me personally known, and this day acknowledged
before me that they executed the foregoing Acceptance of Assign-
ment as duly authorized officers of TEMS Association, Inc., of
Tamarac Lakes 1 and 2.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal at Broward County, Florida, this
fps day of 1982.
My Commission Expires:
+10-'A[tX Y_u3U . TA1E of FLORIDA AI �A (1,
A4Y CU'r.;;t�SiC'V ':?;pw5 APR 21 .1984