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
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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