HomeMy WebLinkAboutCity of Tamarac Resolution R-80-106Introduc'e.d by:
IN
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.��d /�/
A RESOLUTION AUTHORIZING THE ASSIGNMENT OF
CERTAIN RESTRICTIONS AND SERVITUDES TO
MAINLANDS'SEVEN MAINTENANCE CORPORATION,
INCORPORATED
WHEREAS, the City of Tamarac by Resolution No. 37-69
_dated June 16, 1969 accepted an assignment from Behring Corporation,
Inc. of certain restrictions and servitudes of lands in Mainlands
Section 7; and
WHEREAS, the Mainlands Seven Maintenance Corporation,
Inc., a Homeowners Association, has requested the City to assign
said restrictions and servitudes to the 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
assignment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 0'F
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the City Council hereby assigns to
the Mainlands Seven Maintenance Corporation, Inc., any rights, duties
obligations or servitudes contained in paragraph #5 of the
Declaration of Restrictions, and
SECTION 2: That the appropriate officials of the City
of Tamarac are hereby authorized to execute the assignment on
behalf of the City.
PASSED, APPROVED AND ADOPTED THIS0 day of 411980.
ATTEST:
I HEREBY CERTIFY that I have approved
the .form and correctness of this
RESOLUTION
MAYOR-.
DISTRICT
CITY T T O R N E Y DISTRICT
DISTRICT
%dam!
MAYOR
MORO Of MUNOL VOTE
�Es
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 servi-
tudes pursuant to an Assignment of said restrictions, obligations and
servitudes from BEHRING PROPERTIES, INC., a Florida corporation under an
Assignment dated the 16th day of June, 1967, and
WHEREAS, the City of Tamarac, Florida, is desirous of
assigning all of the rights, duties, obligations and servitudes as con-
tained in that certain Declaration of Restrictions dated the 31st day of
March, 1969, and recorded on the 2nd day of April, 1969, in the Official
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Records Book 3896, at Page 185, of the Public Records of Broward County,
Florida, and that the City deems it in the best interests of the public
to assign said restrictions, and
WHEREAS, the MAINLANDS SEVEN MAINTENANCE CORPORATION,
INC., is desirous of accepting said Assignment and assuming the rights,
duties and obligations as set forth in said Declaration of Restrictions.
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 the MAINLANDS SEVEN MAINTENANCE COR-
PORATION, INC., all of its rights, duties, obligations and servitudes as
contained in the Declaration of Restrictions dated the 31st day of
March, 1969, and recorded on the 2nd day of April, 1969, in the Official
Records Book 3896, at Page 185, of the Public Records of Broward County,
Florida, which Declarations of Restrictions relate to the following
described lands:
THE MAINLANDS OF TAMARAC LAKES SEVENTH SECTION,
according to the plat thereof recorded in Plat
Book 68, Page 4, Public Records of Broward
County, Florida.
That the Assignment created hereby is acknowledged by the
Assignor and the Assignee to include, but not be limited to the righl., to
collect monies for the reasonable costs of maintaining the various properties
as set forth in 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 the MAINLANDS SEVEN MAINTENANCE CORPORATION, INC., as
the Assignee, deems it in the best interests of the Corporation 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.
The Assignment shall take effect on the day of
1980.
ATTEST:
(i A! 5T' City Clerk -
Ll
CITY OF TAMARAC
AI
2.
STATE OF FLORI DA )
SS:
COUNTY OF BROWARD
/i BEFORE NE, the undersigned authority, personally appeared
CQ�t.�-e �• and �i �coan� , respectively
as try.. and ,�� of the City of
Tamarac, Florida, to me personally known, this day acknowledged before me
that they executed the foregoing Assignment of Declaration of Restrictions
as such officers and that they have affixed thereto the official seal of
said City.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal at Broward County, Florida, this o2day
of 1980.
My commission expires: ry Public, State of Florida
Notary Fub!ic, Sta-e �: r'wriU at Large
M,y cQrnmission Expires June 7, 1981
Bonded by Mincey Agency
I
1
I
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 SEVEN MAINTENANCE CORPORATION, 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 original Declaration of Restrictions assigned by the foregoing in-
strument.
The MAINLANDS SEVEN MAINTENANCE CORPORATION, INC., as
Assignee, further acknowledges and recognizes that any lien rights created
by the aforesaid Declaration of Restrictions assigned hereby to said Cor-
poration 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 place of record subsequent thereto, which mortgage encumbers any of the
real properties included in the aforesaid Declaration of Restrictions.
Signed, sealed and delivered MAINLANDS SEVEN MAINTENANCE CORPORATION, INC.
in the presence of:
� By .
PRESIDENT
By _VII�E PRESIDENT
By
Z"
STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personally appeared
lf-eer je- W . IZi c:,e L►))i .:1 C ro n %h , and
Roy ~,j d. /-i Kv_TTt m, , , to me personally known, this day acknowledged
before me that they executed the foregoing Acceptance of Assignment as such
Directors.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal at Broward County, Florida, this 3o'-4- day of
r.; 1980.
Notary PubTic, State of Fl ida
My Commission expires: torW pjILItQAM OF RiMtDA A? CA"
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