HomeMy WebLinkAboutCity of Tamarac Resolution R-82-013Temp. # 2139
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. _j,? -,I&
A RESOLUTION AUTHORIZING THE ASSIGNMENT OF
DECLARATION OF RESTRICTIONS TO THE MAINLANDS
SECTION THREE ASSOCIATION, INC.; AND PROVIDING
AN EFFECTIVE DATE
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WHEREAS, the City of Tamarac was the Assignee under an Assignment
dated March 18, 1968 whereby it was assigned certain obligations, rights and
servitudes under paragraph 5 of a Declaration of Restrictions in MAINLANDS SECTION
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THREE in Tamarac, Broward County, Florida; and
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WHEREAS, MAINLANDS SECTION THREE ASSOCIATION, INC., a homeowners
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association, has requested the City to assign said rights and interests to the
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corporation 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 assignments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the City Council hereby assigns to MAINLANDS SECTIO!
THREE ASSOCIATION, INC., any rights, duties, obligations or servitudes which it may
have under paragraph 5 of that certain Declaration of Restrictions recorded in
Official Records Book 3620, Page 727 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 Assignments on behalf of the City.
SECTION 3: This Resolution shall became effective upon adoption.
PASSED, APPROVED AND ADOPTED thisLday of , 1982.
ATTEST:
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CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this Resolution.
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` CITY ATTORNEY
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MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
c�
So, ga.13
ASSIGNMENT OF DECLARATION OF RESTRICTIONS
WHEREAS, the CITY OF TAMARAC, a municipal corporation
of the State of Florida, was the Assignee of certain obligations
and servitudes pursuant to an Assignment of said restrictions,
obligations and servitudes from BEHRING PROPERTIES, INC., under
.j an Assignment dated the 14th day of March, 1968; and
WHEREAS, the CITY OF TAMARAC, FLORIDA, is desirous of
- assigning all of the rights, duties, obligations and servitudes
under paragraph 5 in that certain Declaration of Restrictions dated
the 28th day of February, 1968, and recorded the 14th day of March,
1968 in Official Records Book 3620, at Page 727 of the Public
Records of Broward County, Florida, and that said CITY deems it
in the best interest of the public to assign said Restrictions; and
WHEREAS, MAINLANDS SECTION THREE ASSOCIATION, INC., is
desirous of accepting said Assignment and assuming rights, duties
and obligations as set forth in paragraph 5 of said Declaration of
Restrictions and deems it in the best interests of all of its
individual members to accept same.
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 MAINLANDS
THREE ASSOCIATION, INC., all of its rights, duties, obligations
and servitudes as contained in paragraph 5 of the Declaration of
Restricti-ns dated the 28th day of February, 1968, and recorded
in Official Records Book 3620, Page 727 of the Public Records
of Broward County, Floric:a, which Declaration of Restrictions
relate to the following described lands:
THE MAINLANDS OF TAMARAC LAKES, THIRD
SECTION, according to the Plat thereof,
recorded in Plat Book 64, at Page 38,
of the Public Records of Broward County,
Florida; and
Together with the following described tract
of land situate, lying and being in Broward
County Florida, to -wit:
Parcel A and Parcel B, THE MAINLANDS OF
TAMARAC LAKES THIRD SECTION, according to
the plat thereof, as recorded in Plat
Book 64, Page 38 of the Public Records of
Broward County, Florida, together with
the following described parcel:
Beginning at the Southeast corner of Lot 14,
of Section 13, Township 49 South, Range
42 East, according to the plat thereof,
of FORT LAUDERDALE TRUCK FARMS SUBDIVISION,
as recorded in Plat Book 4, Page 31, of
ti-e Public Records of Broward County,
Florida; thence N-89 0 15' 42" - W, along
the South line thereof, 476.60 feet to a
point; thence N-00 44' 18" - E, 200 feet
to a point; thence S-890' 15' 42" - E, 473.34
feet to a point; thence N-00 44' 18" - E,
100.0 feet to a point; thence N-890 15' 42" -
W, 246.70 feet to the Point of Curvature of
a circular curve to the right; thence North-
westerly along the arc of said curve
having a radius of 125 feet, an arc distance
of 196.35 feet to the Point of Tangency of
said curve; thence N-Oo 44' 18"-E, 70 feet
to a"point; thence N-00 N-590 14' 10"-E, 70 feet
to the Point of Curvature of a circular
curve to the right; thence Easterly along
the arc of said curve having a radius of
125 feet, an arc distance of 190.78 feet
to a point; thence 5-890 15' 42" - E,
139.94 feet to a point; thence N-00 11'
59" - W, 335:87 feet to a point; thence
N-890 15' 42" - W, 363.0 feet to a point;
thence N-00 44' 18" - E, 319.0 feet to a
point; thence N-890 15' 42" - W, 3.O feet to a point;
thence N-00 44' 18" - E, 90.0 feet to a point; thence
S-890 15' 42" - E, 359.31 feet to a point; thence S-OP
11' 59" - E, 1240 feet to the Point of Beginning.
That the Assignment created hereby is acknowledged
by the Assignor and the Assignee to include, but not be
limited to the right to collect monies for the reasonable
costs of performing the services as set forth in paragraph
5 of the aforesaid Declaration of Restrictions, the right
to perform said maintenance functions, and the lien rights
as set forth in the aforesaid Declaration of Restrictions.
THE CITY OF TAMARAC, Florida, as the Assignor, deems
it in the best interests of the general public to assign
the aforesaid servitudes and restrictions and MAINLANDS
SECTION THREE ASSOCIATION, INC., as the Assignee, deems
it in the best interest of the ASSOCIATION and its
individual members to accept said assignment and all of
the rights, duties, obligations and servitudes created
thereby.
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 Declaration of Restrictions
and that said Assignment is conveyed and granted without
recourse to the Assignor.
CIT
BY:
ATT
ACCEPTANCE OF ASSIGNMENT
IN CONSIDERATION of the foregoing Assignment and
other good and valuable considerations, the receipt and
adequacy of which are hereby acknowledged, MAINLANDS
SECTION THREE ASSOCIATION, INC. hereby accepts all of
the terms and conditions of said Assignment and further 0=1V
acknowledges that it is fully aware of the terms, conditions
and covenants of the original Declaration of Restrictions
assigned by the foregoing instrument.
MAINLANDS SECTION THREE ASSOCIATION, INC., as
Assignee, further acknowledges and recognizes that any
lien rights created by the aforesaid Declaration of
Restrictions and assigned hereby to said ASSOCIATION shall
at all times be inferior and subordinate to any lien rights
created by any mortgage of record existing upon the date
of this Assignment or placed of record subsequent thereto
which mortgage encumbers any of the real properties included
in the aforesaid Declaration of Restrictions.
MAINLANDS SECTION THREE
ASSOCIATION, INC.
BY:
President
ATTEST:
Secretary
STATE OF FLORIDA
:SS:
COUNTY OF BROWARD
BEFORE ME, the un ersigned u h ity, this day
p rsona ly appeared ��� �y��E and Adk
respectively, as Mayor and City
of the C' y of Tamarac, Florida, to me personally known
before that they executed the foregoing Assignment of
Declaration of Restrictions as such officials and that
they have affixed thereto the official seal of said
City.
IN WITNESS WHEREOF, I hereunto set my hand and
official seal a Tamarac, Broward County, Florida, this
day of , 1982.
NOTARY PUBLIC
MY CRj ISg1 , EXPIRES:
�r".Y eL�zl . STATE OF FLOP, I DA A7 LAkG
EYi Z Ai,'k 21 1 #
STATE OF FLORIDA
:ss:
COUNTY OF BROWARD
BEFORE ME, the undersigned authority, this day
personally appeared and
as President and Secretary,
respectively, of MAINLANDS SECTION THREE ASSOCIATION,
INC., to me personally known, this day acknowledged
before me that they executed the foregoing Acceptance
of Assignment as such Officers.
IN WITNESS WHEREOF, I hereunto set my hand and
official seal at Tamarac, Broward County, Florida, this
day of , 1982.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
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 MAINLANDS SECTION THREE
ASSOCIATION, INC., hereby accepts all of the terms and conditions
of said Assignment and further acknowledges that it is fully
aware of the terms, conditions and covenants of the Declaration
•.� of Restrictions assigned by the foregoing instrument.
The MAINLANDS SECTION THREE ASSOCIATION, INC., as
Assignee, further acknowledges and recognizes that any lien
rights created by the aforesaid Declaration of Restrictions assigned
hereby to said Corporation shall at all times be inferior and sub-
ordinate to any lien rights created by any mortgage of record
and existing upon the date of this Assignment or placed of record
subsequent thereto, which mortgages may encumber any of the
real properties subject to the aforesaid Declaration of
Restrictions.
As to each signator, signed, MAINLANDS SECTION THREE ASSOCIATION,
sealed and delivered in INC.,
the presence of:
STATE OF FLORIDA
:ss:
COUNTY OF BROWARD
BY:
ATTEST:
BEFORE ME, the undersigned authority, personally appeared
and , President
and Secretary, respectively, of MAINLANDS SECTION THREE ASSOCIATION,
INC., and before me they executed this Acceptance of Assignment
and acknowledged that said Acceptance of Assignment was authorized
by the Assignee's Board of Directors and this instrument is
executed by them pursuant to that authorization.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal at Ft. Lauderdale, Broward County, Florida, this
day of , 1982.
NOTARY PUBLIC
My Commission Expires:
SIGNED COPY RECORDED
WITH COUNTY