HomeMy WebLinkAboutCity of Tamarac Resolution R-89-2201
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REVISED 8/22/89
Temp. Reso. #5521
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-89-
A RESOLUTION AUTHORIZING THE ASSIGNMENT
OF RECREATION LEASE AND DECLARATION OF
RESTRICTIONS TO MAINLANDS FIVE, INC.; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac (City) was the Assignee of
certain obligations, rights and servitudes under Assignments
dated December 12, 1968 and recorded in Official Records Book
3835, Page 716 of the Public Records of Broward County,
Florida, whereby a Recreation Lease and a Declaration of
Restrictions in Mainlands Section Five in the City of Tamarac,
Broward County, Florida, were assigned to the City and accepted
by the City pursuant to Resolution 4069 recorded in Official
Records Book 3835, Page 719 of the Public Records of Broward
County, Florida; and
WHEREAS, Mainlands Five, Inc., a Florida not--for-profit
corporation, and the Homeowners Association for homeowners in
Mainlands Five has requested the City to assign said rights
and interests to said 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
assignments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That the City Council hereby assigns to
Mainlands Five, Inc., any rights, duties, obligations or
servitudes which it may have under that certain Recreation
Lease recorded in Official Records Book 3809, Page 534, of the
Public Records of Broward County, Florida, and under that
certain Declaration of Restrictions recorded in Official
Records Book 3779, Page 676 of the Public Records of Broward
County, Florida.
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`REVISED 8/22/89
Temp. Reso. #5521
SECTION 2: That the appropriate officials of the City of
Tamarac are hereby authorized to execute the Assignments on
behalf of the City.
SECTION 3: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED thisv2-3 day of a7, 1989.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
ALAN RUF
CONSULTING CITY ATTORNEY
KLCURDU, u�uiVGILVOTE
MAYOR ABRA_M_OWITZ
DISTRICT 1: C M R HR
DISTRICT 2: O/1L119�..,..��,��,1
DISTRICT S: C M HCFFMA
DISTRICT 4: V/M 0
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ASSIGNMENT OF LEASE
WHEREAS, the CITY OF TAMARAC, a municipal corporation of
the State of Florida, may be deemed to have a lessee's
interest in that certain Lease Agreement, by and between K.E.
IIEHRING, joined by his wife, PATRICIA R. IIEHRING, as Lessors,
and BEIIRING PROPERTIES, INC., a Florida" corporation, as
Lessee, which Lease was recordr_d in the Official Records of
Broward County, Florida, in Official Records Book 3809, at
Page 534; and
WHEREAS, said Lease devised and leased unto the Lessee
therein the property described on Exhibit "A" attached hereto
and made a part hereof; and
WHEREAS, the CITY OF TAMARAC is desirous of assigning
all of its right, title and interest in and to said Lease to
MAINLANDS FIVE, INC., a Florida not for profit corporation
and the homeowners association for Mainlands Five homeowners
and MAINLANDS FIVE, INC. is desirous of accepting said
Lessee's interest and all of the rights, duties and obliga-
tions created thereby.
NOW, THEREFORE, in consideration of the sum of ONE
DOLLAR ($1.00) and other good and valuable considerations,
the receipt and adequacy of which are hereby acknowledged,
the CITY OF TAMARAC, a municipal corporation of the State of
Florida, does hereby assign, convey, sell and transfer all of
its right, title and interest of whatever nature in and to
that certain Lease entered into between K. E. IIEHRING, joined
by his wife, PATRICIA R. IIEHRING, as Lessor, and BEHRING
PROPERTIES, INC., a Florida corporaftion, as Lessee; as well
as the rights, duties and obligations created by said Lease
as aforesaid to MAINLANDS FIVE, INC.
That this Assignment does not extinguish the lien in
favor of the Lessee created pursuant to that certain
Declaration of Restrictions filed of record in the Official
Records Book 3779, at Page 676, in Broward County, Florida.
This Assignment is made and conveyed without recourse to
the Assignor, the CITY OF TAMARAC, FLORIDA, and said CITY
shall hereafter be fully released from any and all obliga-
tions and liabilities with respect to the covenants of the
aforesaid Lease.
THIS �JGNMEN shall take effect on the
day of ., 1989.
CITY Of TAMARAC, FLORIDA
By:
MAYOR
1 (SEAL) I U
. Attest: L.t.C" �-�.��°��-
City Clerk
ACCEPTANCE OF ASSIGNME
WHEREAS, MAINLANDS FIVE, INC. (ASSOCIATION) is desirous •
of accepting the foregoing Assignment of Lease, and
WHEREAS, ASSOCIATION recognizes the rights, duties and
obligations created by said Lease and has fully advised of
same and deems it in the best interest of the ASSOCIATION and
all of its individual members to accept said Assignment.
NOW, THEREFORE, in consideration of the Assignment of
the aforesaid Lease and other good and valuable considera-
tions, the foregoing Assignment of Lease by the CITY OF
TAMARAC, FLORIDA, is hereby accepted and all of the terms,
conditions and obligations thereof are hereby approved and
accepted by ASSOCIATION.
MAINLANDS E, INC.
By: �)
President
1
Attest: awzL
S cretary
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STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME the under i ned authority, th' day pe so al-
ly appeared and�u,
respectively, as Mayor and City Clcvrk of the City of Tamarac,
Florida, to me personally known before that they executed the
foregoing Assignment of Lease as such officials and that they
have affixed thereto the official seal of said City.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal at Ta_rac, Broward County, Florida, this
day of u��.e 1989.
NOTARY PUBLIC STATE Of FLORIDA j A Y PUBLI C
BT COMMISSION EXP SEAT 17-IM
BONDECI THAu 6ENENAL INS. 00.
My Commission Expires: 0
2 —Y ci a U
0
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, the unde i7119
d authority, this day p sona-
ly appeared �e �' ` n / ti and
as president and secretary, respectively, of MAINLANDS FIVE,
INC., to me personally known, this day acknowledged before me
that they executed the foregoing Acceptance of Assignment as
such officers.
IN WITNESS WHEREOF, I hereunto set my hand ano official
seal at Ta arac Broward County, Florida, thisr-;13
day of r'rr , 1989.
My Commission Expires:
NOTARY PUBLIC STATE Of FLORIDA
NY COMMISSION EXY, MAR 17.1990
fpW 1KRU GENERAL INS. UW*
Lease406.gip
TARY PUBL C
R-gR col
LEGAL DESCRIPTION
Parcel "R" of THE MAINLANDS OF TAMARAC
LAKES SECTION 5-A, a Subdivision,
according to the Plat thereof, recorded
in Plat Book 67, at Page 4, of the Public
Records of Broward County, Florida. Also .
described as follows:
A portion of Tracts 2, 6 and 7 of FORT LAUDERDALE
TRUCK FARMS SUBDIVISION of Section 13, Township 49
South, Range 41 East, Broward County, Florida
according to the plat thereof recorded in Plat Book
4, Page 31, of the Public Records of Broward
County, Florida, being more particularly described
as follows:
Commence at the Southeast corner of Tract 6:
thence N. 890 15' 42" W. along the North line
thereof, 572.70 feet to a point: thence N. 38° 17'
30" E. 272.52 feet to the Point of Curvature of a
circular curve to the right: thence Northeasterly,
along the arc of said curve to the right, having a
radius of 2697 feet, an arc distance of 340.89 feet
to a point: thence N. 380 33' 14" W. 415.42 feet to
a point: thence N. 380 170 30" E, 477.53 feet to
the Point of Beginning of this description: thence
continue N. 380 17' 30" E, 444.67 feet to a point:
thence S. 380 33' 14" E, 87.63 feet to the Point of
Curvature of a circular curve to the left: thence
Southeasterly, along the arc df said curve, having
a radius of 518.08 feet, an arc distance of 76.35
feet to a Point of Reverse Curve: thence Southerly •
along the arc of a circular curve to the right,
having a radius of 25 feet, an arc distance of
37.68 feet to the Point of Tangency of said curve:
thence $. 390 30' 42" W, 198.74 feet to a point:
thence Southwesterly along the arc of a circular
curve to the right, having a radius of 500 feet, an
arc distance of 77.27 feet to a Point of Compound
Curve: thence Southerly along the arc of a circular
curve to the right, having a radius of 25 feet, an
arc distance of 41.11 feet to the Point of Tangency
of said curve: thence S. 510 26' 46" W, 185.98 feet
to the Point of Curvature of a circular to the
right: thence Southwesterly, along the arc of said
curve, having a radius of 25 feet, an arc distance
of 39.27 feet to the Point of Tangency of said
curve: thence N. 380 33' 14" W, 209.74 feet to the
Point of Beginning.
exhib.a
EXHIBIT "A"
L�
(� '? q Q-o
ASST.GNMENT OF DECT.ARATION OF RESTRICTIONS
WHEREAS, the CITY OF TAMARAC, a municipal corporation of
the State of Florida, was the Assignee of certain obligations
and servitudes pursuant to an Assignment of said restric-
tions, obligations and servitudes dated December 12, 1968 and
recorded on January 1.4, 1969 in Official Records Book 3835,
• Page 716 of the Public Records of Broward County, Florida;
and
WHEREAS, the CITY of TAMARAC, FLORIDA, is desirous of
assigning all of the rights, duties, obligations and
servitudes as contained in that certain Declaration of
Restrictions recorded the 30th of October, 1968 in Official
Records Book 3779, at Page 676 of the Public Records of
Broward County, Florida, and that said CITY deems it in the
best interest of the public to assign said Restrictions; and
WHEREAS, MAINLANDS FIVE, INC., a Florida not -for -profit
corporation, is desirous of accepting said Assignment and
resuming its rights, duties and obligations as set forth in
said Declaration of Restrictions and deems it in the best
interests of all of its individual members to accept same.
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
MAINLANDS FIVE, INC., rights, duties, obligations and
servitudes as contained in the Declaration of Restrictions in
Official Records Book 3779, Page G76 of the 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 right 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 Assignor, deems it in
the best interests of the general public to assign the
aforesaid servitudes and restrictions and MAINLANDS FIVE,
INC., as the Assignee, deems it in its best interests and its
individual members best interests 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.
This signment shall take effect on the a2k;a,1-g-" day
. of , 1989.
CITYf
AMARAC LORIDA
By.
(SEAL)
Attest:
City Clerk
ACCEPTANCE-OFASSIGNMENT
IN CONSIDERATION of the aforegoing Assignment and other
good and valuable considerations, the receipt and adequacy of
which are hereby acknowledged, MAINLANDS FIVE, 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 instrument.
MAINLANDS FIVE, INC., as Assignee, further acknowledges
and recognizes that any lien rights created by the aforesaid
Declaration of Restrictions and assigned hereby to MAINLANDS
FIVE, INC. 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 placed of record
subsequent thereto, which mortgage encumbers any of the real
properties included in the aforesaid Declaration of Restric-
tions.
MAINLANDS FIVE, INC.
By: �J�_
President
..0� // ®
r
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, the unde igned authority, th' day rs nal-
ly appeared -� -mac and
respectively, as Mayor and City C1 rk of the City of Tamarac,
Florida, to me personally known before that they executed the
foregoing Assignment of Declaration of Restrictions as such
officials and that they have affixed thereto the official
seal of said City.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal at T arac, Broward County, Florida, this�-
day of IT 1989•
NOTARY PUBLIC
NOTARY PUBLIC STATE of FLORIDA
NY CONNISSION EAP SEPT 11,1"0
BONDED INAU BEERAI INS. UND.
My Commission Expires:
rC-9 5-021R01
STATE OF FLORIDA. j
COUNTY OF BROWARD j
BEFORE ME the unde signed authority, th's day pers al-
ly appeared 1eR_ F o('t/L,9-1 and e c e
as president and secretary, respectively, of MAINLANDS FIVE,
INC., to me personally known, this day acknowledged before me
that they executed the foregoing Acceptance of Assignment as
such officers.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal at Tamarac, Broward County, Florida, this '�
day of
1989.
My Commission Expires:
NOTARY PUSUC STATE Of FLORIDA
MY COMMISSION EXP. MAR 17,1$"
BONDED TMRU GENERAL INS. Me
Dec04O6.gip
0
l 2�
5FARf PUBLT
LEGAL DESCRIPTION
Parcel "R" of THE MAINLANDS OF TAMARAC
LAKES SECTION 5-A, a Subdivision,
according to the Plat thereof, recorded
in Plat Book 67, at Page 4, of the Public
Records of Broward County, Florida. Also
described as follows: •'
A portion of Tracts 2, 6 and 7 of FORT LAUDERDALE
TRUCK FARMS SUBDIVISION of Section 13, Township 49
South, Range 41 East, Broward County, Florida
according to the plat thereof recorded in Plat Book
4, Page 31, of the Public Records of Broward
County, Florida, being more particularly described
as follows:
Commence at the Southeast corner of Tract 6:
thence N. 890 15' 42" W. along the North line
thereof, 572.70 feet to a point: thence N. 380 17'
30" E. 272.52 feet to the Point of Curvature of a
circular curve to the right: thence Northeasterly,
along the arc of said curve to the right, having a
radius of 2697 feet, an arc distance of 340.89 feet
to a point: thence N. 380 330 14" W. 415.42 feet to
a point: thence N. 3811 17' 30" E, 477.53 feet to
the Point of Beginning of this description: thence
continue N. 380 17' 30" E, 444.67 feet to a point:
thence S. 380 33' 14" E, 87.63 feet to the Point of
Curvature of a circular curve_ to the left: thence
Southeasterly, along the arc cif said curve, having
a radius of 518.08 feet, an arc distance of 76.35
feet to a Point of Reverse Curve: thence Southerly
along the arc of a circular curve to the right,
having a radius of 25 feet, an arc distance of
37.68 feet to the Point of Tangency of said curve:
thence S. 390 30' 42" W, 198.74 feet to a point:
thence Southwesterly along the arc of a circular
curve to the right, having a radius of 500 feet, an
arc distance of 77.27 feet to a Point of Compound
Curve: thence Southerly along the arc of a circular
curve to the right, having a radius of 25 feet, an
arc distance of 41.11 feet to the Point of Tangency
of said curve: thence S. 510 26' 46" W, 185.98 feet
to the Point of Curvature of a circular to the
right: thence Southwesterly, along the arc of said
curve, having a radius of 25 feet, an arc distance
of 39.27 feet to the Point of Tangency of said
curve: thence N. 380 33' 14" W, 209.74 feet to the
Point of Beginning.
exhib.a
EXHIBIT "A"
0