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HomeMy WebLinkAboutCity of Tamarac Resolution R-90-0131 2 21 22 23 24 25 26 27 Temp. Reso. #5653 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-90- A RESOLUTION APPROVING ASSIGNMENT OF THE HIDDEN HOLLOW WATER AND SEWER DFVFLOPER'S AGREEMENT FROM CARDINAL INDUSTRIES, I1TC., HIDDEN HOLLOW APARTMENTS, LTD., AND HIDDEN HOLLOW APARTMENTS II, LTD., TO LENNAR HOMES, INC.; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Assignment of the Hidden Hollow Water and Sewer Developer's Agreement from Cardinal Industries, Inc., Hidden Hollow Apartments, Ltd., and Hidden Hollow Apartments II, Ltd., to Lennar Homes, Inc., is HEREBY APPROVED AND ACCEPTED, a copy of said Assignment being attached hereto as "Exhibit 1". SECTION 2: That the appropriate City officials are hereby authorized to execute said Acknowledgement of Agreement and Consent to Assignment on behalf of the City. SECTION 3: That the City Clerk is hereby authorized and directed to record said Assignment in the public records of Broward County, Florida. SECTION 4: This Resolution shall become effective upon adoption. 0-1 PASSED, ADOPTED AND APPROVED this /O day of 1990. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. .Ca RICHARD DOODY U CITY ATTORNEY rj. NORMAN ABRAMOWITZ MAYOR � , RECORD OF COUNCIL -VOLE MAYOR _A,BRAMt�WITZ �- DISTRICT 1: DISTRICT 2: � M DISTRICT 3:.. CAM Ho _ AN DISTRICT a: _ V/M BENDER------ f - 9 6 -13 ASSIGNMENT KNOW ALI, MEN BY THESE_ PRESENT Hidden Hollow Apartments, Ltd., -Hidden Hollow Apartments II, Ltd. THAT and _Cardinal industries., party of the first : part, :k consideration of the sum of TEN AND NO 100 ($10.00) DOLLARS, and other valuable considerations, received from or'on behalf of Lennar Homes Inc party of the second part, at or before the e seali:►cj and delivery of these presents, the receipt whereof is hereby ac wlerlged, does hereby grant, bargain, sell, assign, transfer and sat ov unto the party of the second part, the following: All right, title and interest in and to 143.1 ERC units also known as utility Connections as referred to in ttiat certain Cardinal Industries, Inc. agreement. dated June 24, 1987 by and between Hidden HgjleW_.Apartments, Ltd. and and Owner Hidden Hollow Apartments II, ,Ids Develoj)er1, •and the CITY OF TAMARAC, a municipal corporation of the State of Florida, as City. A copy of: said Agreement dated June 24, 1987 is incorporated by reference. TO HAVE AND TO HOLD the same unto the said party of the secein 1 porl:, I.t:s legal representatives, successors and assigns. IN WITNESS WHEREOF, the undorsigned has hereunto rat its hand and seal, this /$ day of December 1989 . • In the presence of: TUit �/ PRIEST r r+- l� SLIE O, PRIEST CARDINAL INDUSTRIES TNC. BY r __ w (CORPORATE SEAL) HIDDEN HOLLOW APARTMENTS, LTD., a Florida limited partnership By: Cardinal Industries, Inc., general partner BY:` C _ �- HU - ~ e s e n (t;Oit I(MAT11; ShAi,) HIDDEN HOLLOW APARTMENTS II, LTD., a Florida limited partnership By: Cardinal Industries, Inc., general partner BY t —� -� �VeV/S 1'remident (CORPORATE SEAL) STATE OF O COUNTY OF a I HEREBY CERTIFY that on this clay, before me, an officer (1111.y authorized in the County and State aforesaid to take acknowl.ucicjoinentsI personally appeared " �A,a D. "5 as President of Cardinal TjjduF;t-ries, Inc * to me known to be the person described in and who executed the same on behalf of said corporation. * as Developer and as generalpartner of Hidden Hollow Apartments, Ltd. and Hi den Hollow Ap ent II, Ltd. WITNE ISS my hand and official Neal this l day of December 19 89 . �♦a'"� ,� Notary Public a° .... SUSAN R. SELVAGE My commission expires: ►r NOTARY PUBLIC, STATE OF00 MY COMMISSION EXPIRESAAY$61I04 r�fQ -VAA TE OF COU 1' HEREBY CERTIFY that on this day, before ma officer (1uly authorize the County and State a c 1;0 1;itke acknowl.udUainents, personally eared n and who executed the sit wn to be the person described aid corporation. WITNESS my hand and officia -al this 19 My commi-ssion expires: OF Cou Notary Public I W BY CERTIFY that on this day, before me, officor titily authorized in County and State afo to take acknowledgements, personally appea to to be the person described in and who executed the same of sai oration. WITNESS my hand and official seal th 19 Notary Public My commission expires: C E is • MY COMMISSION EXPIRES: tance and Acknowledgement of� Agreement and Consent to Assianment LENNAR HOMES, INC. arty of the second part agrees to accept assignment of Utility Connections. LENNAR HOMES,INC. W 1111111::31:1 E11111 LC r i Hy "7 h Janet S. En ish. StuaOAYi11Presidep` ley>�• ...,.. By _ race an ae a - Craig J low Assistant Secretary STATE OF FLORIDA COUNTY OF DADE STUART A. MILLER / the Vice Presiden Before me personally appeared and CRAIG A. JASLOW /1n 1 AHHt. Sue. of to 1110 well known and known to me to e the-person(s) escr bec� Lennar Homes in and who executed the foregoing instrument, and Inc. ,tc-knowledged to and before me than they executed said instruments for the purposes therein expressed. WITNESS my hand and official seal this December , 1989. NOTARY OUBLIC f7iG C' i1c:':�'! �_-..�r.'1,,... trey iun ,..-�: erc.,'�[. - �• aZo day of 1 r ACKNOWLEDGEMENT OF AGREEMENT AND CONCENT TO ASSIGNMENT The City of Tamarac, a municipal corporation of the State of Florida, "City", hereby acknowledges that effective as of June 24 1987 it entered into a Water and Sewer Developer's Agreement concern ng WATER-ANT2.SPW"Developer's Agreement", with Cardinal_ Industries,Inc. , as Developer, a copy of which Agreement is alt�i.:l�l hereto as Exhibit "A". Cardinal Industries, Tho Hidden Hnl j.cua I LtZQ] Developer's Agreement was subsequently AP,,y-,=ehPs LENNAR HOMES, INC. by Ass gnment dated December assigned byAnc. Hidden llow H and ., 18197 The City hereby consents to and approves the Assignment of the Developer's Agreement from Cardinal Industries, Inc. * to Lennar Humes, Inc. * Hidden Hollow Apartments, Ltd and Hidden Hollow Apartments II, Ltd: ATTEST: City Clerk STATE OF FLOR DA J. COUNTY t71 ,�!r!�t ��-- .THE CITY OF TAMARAC Y Mayor. Date 4 S 90 Date Approved as to form By "1 ' City Attorney I ef,.Ir a me personally annearld Ize lX t w= C,(G�G0e r;rry w , as Mayor of the C' ; t.y of Tamarac, fL� r, / �,c' , as Ci y Manager of the City cal Tanittrac, and _. a8 City �, y Clerk of the City of Tamara(--, t.o ►►►o well known and known to me to be the persons described in and wht) exectit ed the foregoing instrument, and acknowledged to and befor.oim! that trey executed said instrument for the purposes therein expresis od. WITNESS my hand and official seal this l day o>_ MY COMMISSION EXPIRES: L Gz�• ROTAR'f PueLlt 514IE OFcIORIDA NOTARY PUBLIC 1990 ' . p CONNISSION EXP SEPI 17. 9040ED INRI► GENERAL IK5. 000- 19 `% v • LEGAL DESCRIPTION A portion of FLORIDA FRUITLANDS COMPANY'S SUBDIVISION NO. 2, of Section 5, Township 49 South. Range 41 East, according • to the Plat thereof, as recorded in Plat book 1 at Page 102, of the Public Records of Palm Beach County, Florida, and all of TRACT 42, according to the Plat thereof, as recorded in Plat book 124, at Page 37 of the Public Records of Broward County, Florida, and being more particularly described as followss E Commence at the Southwest corner of Section S, Township 49 South, Range 41 East, Broward County, Florida; thence run N0006144"W, along the West line of the Southwest 1/4 of said Section 5, for 958.22 feet; thence run 5880591100E for 324.40 feet to the Point of Beginning; thence run N1000150"E for 450.00 feet; thence run S88059'10"E for 392.37 feet to a point of curvature; thence run Southeasterly, Northeasterly and Northwesterly, along a circular curve to the left having for its elements a central angle of 91007/340 and a radius of 280 feet, for an arc distance of 445.33 feet to a point of tangency; thence run N00061440W for 195.66 feet; thence run N890531160E for 450.00 feet; thence run S0006144"E for 195.66 feet to a point of curvature; thence Southeasterly, Southwesterly and Northwesterly, along a circular curve to the right having for its elements a central angle of 910071340 and a radius of 730 feet, for an arc distance of 1161.03 feet to a point of tangency; thence run N88059'10"W for 392.37 feet to the Point of Beginning; lying and being in Broward County, -Florida and containing 14.372 acres, more or less. 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