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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-343Temp. Reso. #8862 12/13/99 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99-,-9 43 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A CONFIRMATION OF ASSIGNMENT OF USE AND BUILDING RESTRICTIONS TO THE BOULEVARDS OF TAMARAC CIVIC ASSOCIATION, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac was the assignee of certain rights and obligations pursuant to an Assignment of certain Use and Building Restrictions from Tamarac Lakes, Inc., a Florida corporation, dated December 9, 1966, and recorded in Official Records Book 3337, Page 169 of the Public Records of Broward County, Florida on December 12, 1966; and WHEREAS, the City of Tamarac later assigned any rights, duties, obligations and servitudes which it may have had under the Use and Building Restrictions dated December 1, 1966, and recorded on December 9, 1966, in Official Records Book 3336, Page 6, of the Public Records of Broward County, Florida, as amended by the Amendments to Use and Building Restrictions dated November 30, 1988, in Official Records Book 15991, Page 241, of the Public Records of Broward County, Florida, to The Boulevards of Tamarac Civic Association, Inc.; and WHEREAS, said Assignment was accepted by The Boulevards of Tamarac Civic Association, Inc.; and Temp. Reso. #8862 12/13/99 Page 2 WHEREAS, the Assignment and Acceptance of Assignment were not recorded in the public records of Broward County, Florida; and WHEREAS, The Boulevards of Tamarac Civic Association, Inc., has requested a written confirmation of Assignment of the Use and Building Restrictions for recording in the public records of Broward County, Florida; 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 to authorize the appropriate City officials to execute a Confirmation of Assignment of Use and Building Restrictions to The Boulevards of Tamarac Civic Association, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: The appropriate City officials are authorized to execute the Confirmation of Assignment of Use and Building Restrictions to The Boulevards of Tamarac Civic Association, Inc., attached hereto as Exhibit A; and 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, 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 Temp. Reso. #8862 12/13/99 Page 3 of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 't'� ~ day of , 1999. ATTEST: CAROL GOL CITY CLERK I HEREBY CERTIFY that I h ve approved this 1 R11SOLLITION aAto farm! v M CHELL S. KRAFT CITY ATTORNEY • r rw • ER 1/0 •C RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. PORTN R DIST 2: VM MISHKIN DIST 3: COMM. SULTANOF DIST 4: _COMM. ROBERTS riA.0 EXHIBIT A Prepared by and return to: BURL F. GEORGE, ESQ. Johnson. Anselmo, Murdoch, Burke & George 790 E. Broward Blvd., Suite 400 Fort Lauderdale, FL 33301 CONFIRMATION OF ASSIGNMENT OF USE AND BUILDING RESTRICTIONS WHEREAS, THE CITY OF TAMARAC, FLORIDA, a municipal corporation in the State of Florida, was the Assignee of Certain rights and obligations pursuant to an Assignment of certain Use and Building Restrictions from Tamarac Lakes, Inc., a Florida corporation dated December 9. 1966, and recorded in Official Records Book 3337, Page 169 of the Public Records of Broward County, Florida on December 12, 1966, and WHEREAS, THE CITY OF TAMARAC, FLORIDA, is desirous of confirming its prior Assignment of the rights, duties, obligations and servitudes which it may have had under that certain Use and Building Restrictions dated December 1, 1966, and recorded on December 9, 1966, in Official Records Book 3336, Page 6, of the Public Records of Broward County, Florida. as amended by the Amendments to Use and Building Restrictions dated November 30, 1988 and recorded November 30, 1988 in Official Records Book 15991, Page 241, of the Public Records of Broward County, Florida, to THE BOULEVARDS OF TAMARAC CIVIC ASSOCIATION, INC. and that the City deems it in the best interests of the public and the residents of Tamarac Lakes North Third Section to confirm its prior assignment of its interests in said Restrictions and Amendments. and 0 WHEREAS, THE BOULEVARDS OF TAMARAC CIVIC ASSOCIATION, INC., is desirous of confirming its prior acceptance of said Assignment and assumption of the rights, duties and obligations thereto, NOW, THEREFORE, in consideration of the Confirmation of Assignment and the acceptance of same and the sum of One and No/100 Dollars ($1.00) and other good and valuable considerations, THE CITY OF TAMARAC, FLORIDA, hereby confirms its Assignment, conveyance, sale and transfer unto THE BOULEVARDS OF TAMARAC CIVIC ASSOCIATION. INC., all of its rights, duties, obligations and servitudes as it may have had in that certain Use and Building Restrictions dated December 1, 1966 and recorded on December 9, 1966, in Official Records Book 3336, Page 6, of the Public Records of Broward County, Florida, and the Amendments to Use and Building Restrictions dated November 30, 1988 and recorded November 30, 1988 in Official Records Book 15991, Page 241, of the Public Records of Broward County, 0 Florida, which restrictions and amendments relate to the following described lands: TAMARAC LAKES NORTH THIRD SECTION, according to the Plat thereof recorded in Plat Book 63, Page 7, of the Public Records of Broward County, Florida. THE CITY OF TAMARAC, FLORIDA, deems it in the best interests of the general public to confirm the prior assignment of the aforementioned Use and Building Restrictions and Amendments and THE BOULEVARDS OF TAMARAC CIVIC ASSOCIATION, INC., deems it in the best interests of the Corporation and its individual members to confirm its prior acceptance of said assignment and all of the rights, duties, obligations and servitudes which may exist under said Use and Building Restrictions and Amendments. THE CITY OF TAMARAC, FLORIDA and THE BOULEVARDS OF TAMARAC CIVIC ASSOCIATION, INC. further agree and acknowledge that THE CITY OF TAMARAC, FLORIDA was as of April 1, 1971, fully discharged from any and all obligations, rights and duties created by said Restrictions and that said Assignment was and is conveyed and granted without recourse to • BOULEVARDS OF TAMARAC CIVIC ASSOCIATION, INC. Executed on Cp ,� Z 1999. Attest: THE CITY OFT . MARAC, FLORIDA City Clerk BY. ayor STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, personally appeared �% �C— � N R e ' 6 E'� and . C L' o (P , respectively as N,4 Vr, and of THE CITY OF TAMARAC, FLORIDA, to me personally known, this day acknowledged before me that they executed the foregoing Confirmation of Assignment of Use and Building Restrictions pursuant to the express authorization and that they did so as such municipal officials and that they have affixed thereto the official seal of said City. IN � F1 NES.; `A-"H—CRE--0F=, i have hereuniu sei my liana and official seal at Broward County, Florida, this c)-/ day of , 1999, OFFICIAL NOTARY SEAL, JUNE A WHITE 4tY KJBIJC STATE OF FLORIDA r?%W1S.5ION NO.CCT7SM Notaryublic, State of Florida My Commission Expires: h:lWbrary\tama,ac 1* —3— • ACCEPTANCE OF ASSIGNMENT In consideration of the foregoing Confirmation of Assignment of Use and Building Restrictions and other good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, THE BOULEVARDS OF TAMARAC CIVIC ASSOCIATION, INC., a Florida corporation not -for -profit, hereby acknowledges its prior acceptance of all of the terms and conditions of said Confirmation of Assignment and further acknowledges that it is and has been, fully aware of the existing terns, conditions and covenants of said Restrictions. Signed, sealed and delivered in the esence of: &SI ss Signatu 15t Witness Print Name 2"d Witness Signature 2nd Witness Print Name STATE OF FLORIDA COUNTY OF BROWARD THE BOULEVARDS OF TAMARAC CIVIC ASSOCIATION, 1 By: FRANK NESTASI�%, President 2611 NW 53 Street Tamarac, FL 33309 Attest: �'4� RO MASEDA, Second Vice President BEFORE IME, the undersigned auihority, pe-sonaiiy appeared FRAM . NE5 -sASIA and LAZARO MASEDA, respectively to me personally known, and this day acknowledged that they executed the foregoing Acceptance of Assignment as duly authorized officers of THE BOULEVARDS OF TAMARAC CIVIC ASSOCIATION, INC. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at L , Broward County, Florida, this day of ycyemJe, # NotK Pu li tate of FI r' a My Commission Expires: IEE MICHAEL A.SOLOMON MY COMMISSION k CC 759003 EXP?= Bonded Thliv Pkherdl II urante panty