HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-060TR#12975
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017 -11L
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, APPROVING
AND AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A RELEASE OF
COVENANT RELATIVE TO TWO PARCELS OF
PROPERTY TO EFFECTUATE THE CONVEYANCE
OF THE REAL PROPERTY TO AD 1 TAMARAC
HOTELS, LLC, A FLORIDA LIMITED LIABILITY;
PROVIDING FOR CONFLICTS- PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, a Covenant was created in 1972 by a prior owner, Leadership
Housing, Inc., a Delaware corporation and was recorded in OR 8066, Page 109 of the
public records of Broward County, Florida that affected the two (2) parcels more
particularly described in Exhibit "A"; and
WHEREAS, the Covenant contained a restriction that the two (2) parcels should
be conveyed together in order to be vested in the same entity-, and
WHEREAS, the City of Tamarac, Florida is the title holder of the parcel described
as Parcel "B" of the two (2) parcels described in Exhibit "A"; and
WHEREAS, the City of Tamarac, Florida is under contract to sell Parcel "B" to
AD 1 Tamarac Hotels, LLC, a Florida limited liability company; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac that the
Covenant now be released;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
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CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1-. The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution and all exhibits referenced herein and attached hereto are incorporated and
made a specific part of this Resolution.
SECTION 2- The City Commission hereby approves the Release of
Covenant attached hereto as Exhibit "B". The appropriate City Officials are hereby
authorized to execute the necessary documents and do all things necessary to
effectuate the terms of this Resolution.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section or 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.
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SECTION 5-
passage and adoption.
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This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this /^--d-ayof�OXO'20 .
PATRICIA TEUFEL,
CITY CLERK
�'0 TA B "f"IN RRY D ESSLER, MAYOR
q�
.� 190
< S
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1-. COMM. BOLTON
DIST 2- COMM. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: VICE MAYOR PLACKO
v
I HEREBY CERTIFY that I have approved
this E OLUTI/O`N as to form.
)d zvf) AM -
SA UEL S. GORfJUITS ATTORNEY
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EXHIBIT "A"
Parcel "A"
North 550 feet of Parcel "L" of WOODLAND LAKES, according to the plat thereof,
recorded in Plat Book 71, at Page 18, of the Public Records of Broward County, Florida.
Parcel "B"
Parcel "G" of WOODLAND LAKES, according to the plat thereof, recorded in Plat Book
71, at Page 18, of the Public Records of Broward County, Florida.
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THIS INSTRUMENT PREPARED BY:
DONALD J, DOODY, ESQUIRE.
GOREN, CBEROF, DOODY & EZROL, P.A.
3099 EAST COMMERCIAL BOULEVARD, SUITE 200
FORT LAUDERDALE, FL 33308
RELEASE OF COVENANT
This Release of Covenant is made and executed this /T'of June, 2017, made by the City of
Tamarac, a Florida municipal corporation, 7525 NW 8801 Avenue, Tamarac, Florida 33321(hereinafter the
«City")
BACKGROUND
The City is the owner of the real property legally described in Exhibit "A" (hereinafter the
"Encumbered Property") attached hereto and made a part hereof by virtue of that certain Warranty Deed
dated December 27, 2011, and recorded in Official Records Book 48406, Page 1067, of the Public Records
of Broward County, Florida. The City is currently under contract to syl-11h.6 real property legally described
in Exhibit "B" (hereinafter the "Property") to AD Tamarac Hotels, LLC, a Florida limited liability
company. The Encumbered Property is subject to a Covenant dated September 9, 1977, and recorded in
Official Records Book 8066, Page 109, of the Public Records of Broward.County, Florida (hereinafter the
"Covenant") which contains a restriction that the Encumbered Property only be conveyed together and shall,
throughout the life of the Covenant, be vested in the same entity. The City has agreed to release the
Property from the restrictions contained in the Covenant.
NOW THEREFORE, in consideration of the sum of Ten Dollars and other valuable consideration, the
receipt of which is hereby acknowledged, the City does hereby agree to release, exonerate and discharge the
Property from the Covenant.
The City makes no representations or warranties of title or condition of the Property or of its authority
to release the restriction contained in the Covenant.
IN WITNESS WHEREOF, this Release of Covenant has been executed as of the. date and year first
above written.
ATTEST:
(�IZVVI�
By: Patricia Teufel
Title: City Clerk
Signed, sealed and delivered in presence of:
(Signature of fr StWitness)
(Printed nannje of firs=s)�
(Signature of second i ness)
/�� /I.
(Printed name of second witness)
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CITY OF TAMARAC, A FLORIDA
MUNIC ORPO TIO
By: Aarty Dressler
Title: Mayor
G ES7ItUSHrED 1K v
1963
8 AL
/),11 111V10'
AP 0' EC AS TO L GAL FORM
OF CE =OF THE CI TTORNEY
DATED _--oMuz- -
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me June , 2017 by Harry Dressler and
Patricia Teufel, as Mayor and City Clerk, respectively, of the City of Tamarac, a Florida municipal
corporation, on behalf of the City, who () are personally known tome or ( ) have produced Florida
Driver's Licenses as identification.
pp Signature of Notary
!I!lIAN PA:FF
Commissio161 Printed Name of Notary
Expires Dec0019B-dad ihru Troy 0D,3gST019
My Commission Expires: I i 1
My Commission Number: J �= 91(�) C? �
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North 550 feet of Parcel "L" of WOODLAND LADES, according to the plat thereof, recorded in
Plat Book 71, at Page 18, of the Public Records of Broward County, Florida.
Parcel "G" of WOODLAND LAKES, according to the plat thereof, recorded in Plat Book 71,
at Page 18, of the Public Records of Broward County, Florida.
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A portion of Tract A, COLONY WEST CLUBHOUSE PLAT, according to the plat thereof, recorded in Plat
Book 103, Page 36, Public Records of Broward County, Florida, and a portion of Parcel G, WOODLAND
LAKES, according to the plat thereof, recorded in Plat Book 71, Page 18, Public Records of Broward
County, Florida, more particularly described as follows:
Commence at the Northwest corner of Tract "A"; thence South 00°01'37" East along the West line of Tract
"A", a distance of 135.49 feet to the Point of Beginning; thence continue South 00°01'37" East along the
West line of Tract "A", a distance of 276.94 feet; thence South 88°35'16" East, a distance of 349.86 feet;
thence North 01024'44" East, a distance of 276.87 feet; thence North 88035'23" West, a distance of 356.71
feet to the Point of Beginning.
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