HomeMy WebLinkAboutCity of Tamarac Resolution R-82-030Introduced by:
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CITY OF TAMA.RAC, FLORIDA
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ASSIGNMENT OF -
RFCREATION LFASE AI4D DECLARATION'OF RESTRICTIONS
TO THE WOODLANDS SECTION FIVE ASSOCIATION, INC.
WHEREAS, the City of Tamarac was the Assignee of ertain
obligations, rights and servitudes under Assignments dated June 16,
1969, under a Recreation Lease and a Declaration of Restrictions in
The Woodlands Section Five in Tamarac, Broward County, Florida; and
WHEREAS, The Woodlands Section Five Association, Inc., a.
homeowners association, has requested the City to assign said rights
land interests to the corporation and have agreed to accept tre saric;
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 The
Woodlands Section Five Association, Inc., any rights, duties, obliga-
tions -or servitudes which it may have under that certain Declaration
of ?restrictions recorded in Official -Records Book 3877, Page 565 of
the Public Records of Broward County, Florida.
SECTION 2: That the appropriate officials of the City
of Tamarac are hereby authorized to execute the Assignments on behalf
of the -City.
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PASSED, APPROVED AND ADOPTED THIS,,day of , 198
ATTEST:
I HEREBY CERTIFY that I have
approved the form and correctness
of this RESOLUTION
A'
MAYOR
RECORD OF COUNCIL VOTE
MAYOR:
DISTRICT 1:
DISTRICT 2: gQ.Gj�
DISTRICT 3:,�
DISTRICT 4•
00a
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 servitudes pursuant to an Assignment of said
restrictions, obligations and servitudes from THE WOODLANDS
SECTION FIVE ASSOCIATION, under an Assignment dated the 16th
day of June, 1969, 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 dated
the 6th day of March, 1969, and recorded the 7th day of March,
1969 in Official Records Book 3877, at Page 565 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, THE WOODLANDS SECTION FIVE ASSOCIATION, INC.,
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 THE
WOODLANDS SECTION FIVE ASSOCIATION, INC., all of its rights,
duties, obligations and servitudes as contained in the
Declaration of Restrictions dated the 6th day of March, 1969,
in Official Records Book 3877, Page 565 of the Public Records
of Broward County, Florida, which Declaration of Restrictions
relate to the following described lands:
PARCEL R of THE WOODLANDS, SECTION FIVE,
according to the Plat thereof recorded in
Plat Book 67, Page 43, 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 the Assignor, deems
it in the best interests of the general public to assign the
aforesaid servitudes and restrictions and THE WOODLANDS SECTION
FIVE ASSOCIATION, INC., as the Assignee, deems it in the best
interest of the ASSOCIATION 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.
LAW OFFICES OF SCHWARTZ AND NASH, PROFESSIONAL ASSOCIATION
This Assignment shall take effect on the date hereof.
This Assignment has been executed and recorded to correct that
certain Assignment recorded in Official Records Book 4477, Page
14 of the Public Records of Broward County, Florida.
CITY OF TAMARAC, FLORIDA
By: �' �� .
(SEAL)
Mayor
Attest:
City Clerk
ACCEPTANCE OF ASSIGNMENT
IN CONSIDERATION of the aforegoing Assignment and
other good and valuable considerations, the receipt and
adequacy of which are hereby acknowledged, THE WOODLANDS
SECTION FIVE ASSOCIATION, 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 convenants of
the original Declaration of Restrictions assigned by the
foregoing instrument.
THE WOODLANDS SECTION FIVE ASSOCIATION, INC., as
Assignee, further acknowledges and recognizes that any lien
rights created by the aforesaid Declaration of Restrictions and
assigned hereby to said ASSOCIATION 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 Restrictions.
THE WOODLANDS SECTION FIVE
ASSOCIATION, INC.
By:
President
Attest:
Secretary
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LAW OFFICES OF SCHWARTZ AND NASH, PROFESSIONAL ASSOCIATION
STATE OF FLORIDA
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, this day
personally appeared Wa1 Pr W. Falck and Oaro A_ Evans►
respectively, as Mayor anPf.City Clerk 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 Tamarac, Broward County, Florida, this 29tb_
day of FP_ hr„i, , 1981.
otary Public
My Commission Expires: NOTAPY P'1"1I' S*ATF OF FLORIDA AT LANZ
MY C()/-A� SIiU- E Pi S OGT 81982
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, the undersigned authority, this day
personally appeared and
as president and secretary, respectively, of THE WOODLANDS
SECTION FIVE ASSOCIATION, 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 - ---, 1981.
My Commission Expires:
-3-
Notary Public
SIGNED COPY RECORDED
WITH COUNTY
LAW OFFICES OF SCHWARTZ AND NASH, PROFESSIONAL ASSOCIATION