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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-257Introduced by: /LJ TEMP. #2439 11 2� 3 4 5 W 6 8 10 11 12 13 I 14 15 16 17 18 19 21 22 23 24 21 26 27 28 29 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. - ?_ A RESOLUTION AUTHORIZING THE ASSIGNMENT OF THE USE AND BUILDING RESTRICTIONS TO TEMS ASSOCIATION OF TAMARAC LAKES 1 AND 2. WHEREAS, the City of Tamarac by Resolution No. 64-2 dated March 26, 1964 accepted an assignment of paragraph 5, O.R. Book 2790 page 702 of the Use and Building Restrictions, O.R. Book 2765 page 450 from Tamarac Lakes 1 and 2; and WHEREAS, the City of Tamarac by Resolution No. 64-3 dated March 26, 1964 accepted an assignment of paragraph 6 O.R. Book 2792 page 32 of the Use and Building Restrictions from Tamarac Lakes, Inc.; and WHEREAS, the TEMS Association of Tamarac Lakes 1 and 2 has requested the City to assign its interest to the Association 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 OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City Council hereby assigns to the TEMS Association any rights, duties, obligations or servitudes which it may have under that certain Use and Building Restrictions dated February 28, 1964, Official Records Book 2765, page 450 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 Assignment on behalf of the City. PASSED, APPROVED AND ADOPTED this_i`�=day of , 1982. Y ATTEST: ASSISTANT CITY -CLERK I HEREBY CERTIFY,,that I have approved the fo m and correctness MAYOR: of this RESOLU ION. DISTRICT DISTRICT CITY R r DISTRICT �f- � DISTRICT RECORD OF COUNCIL VOTE ASSIGNMENT OF USE AND BUILDING RESTRICTIONS WHEREAS, The City of Tamarac, P.O. Box 25010, Tamarac, Florida, a municipal corporation of the State of Florida, was the Assignee of certain rights and obligations pursuant to an Agreement of a Lessee's interest in the Use and Building Re- strictions from Tamarac Lakes, Inc., a Florida Corporation under an Assignment dated April 1, 1964 and as recorded in Official Records Book 2790 and 2792, Pages 702 and 32, of the Public Records of Broward County, Florida on April 16, 1964, and WHEREAS, the City of Tamarac, Florida is desirous of assigning all of the rights, duties, obligations and servitures which it may have under that certain Use and Building Restric- tion dated February 28, 1964, and recorded on March 5, 1964, in Official Records Book 2765, Page 450 of the Public Records of Broward County, Florida, and that the City deems it in the best interests of the public and the residents of Tamarac Lakes 1 & 2 to assign its interest in said Restrictions, and WHEREAS, the TEMS Association of Tamarac Lakes 1 & 2, Tamarac, Florida, is desirous of accepting said Assignment and assuming the rights, duties and obligations as may still exist under said Lease. 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 TEMS As- sociation, Inc., all of its rights, duties, obligations and servitudes as it may have in that certain restrictions dated the 28th day of February, 1964, and recorded on the 5th day of March, 1964, in the Official Records Book 2765 at Page 450, of the Public Records of Broward County, Florida, which Restrictions relate to the following described lands: TAMARAC LAKES, according to the plat thereof recorded in Plat Book 58, Page 40, of the Public Records of Broward County, Florida, and That part of the S 1/2 of the SW 1/4 of Section 16, Township 49 South, Range 42 East, Broward County, Florida, lying North of Prospect Field Road, described as follows: Begin at the Northwest corner of said S 1/2 of the SW 1/4; thence East along the North line of said S 1/2 of the SW 1/4, a distance of 435 feet to the Point of Beginning of this description; thence continue east along the North line of said S 1/2 of the SW 1/4 on a bearing of'N-880 56' 28"-E, a distance of 715.164 feet to a point; thence 5-01° 15' 00"-E, a distance of 560.959 feet to a point on the North right-of-way line of Prospect Field Road; thence N-770 39' 11"-W, along said North right-of-way line, a distance of 736.208 feet to a point; thence N-01° 11' 25"-W, a distance of 390.269 feet to the Point of Begin- ning; containing 7.81 acres, more or less; The City of Tamarac, Florida, as the Assignor, deems it in the best interests of the general public to assign the afore- said Lease and the TEMS Association, 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 which may still exist under said Lease. 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 Restrictions and that said Assignment is conveyed and granted without recourse to the Assignor. The Assignment shall take effect on the day of CITY OF TAMARAC By I �� )'-� - MAYOR STATE OF FID DA ) ss: COUNTY OF BROWARD ) BEFORE ME, the undersigned authority, personally appeared Gy� &). and ]A&gA�& respectively asand T ., of the City of Tamarac, Florida, to me personally known, this day acknowledged before me that they executed the foregoing Assignment of Use and Building Restrictions pursuant to express authorization and that they did so as such municipal officials and that they have affixed thereto the official seal of said City. IN WITNESS WBEREOF, I have hereunto set my hand and official seal at Broward County, Florida, this ��day of 1982. Notary Public State of Florida My Comnission Expires: VOTARY PLUIG STATE OF FLORIDA AT LA&G.. MY AFR 21 1984 r 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 TEMS Association, Inc., of Tamarac Lakes 1 and 2, a Florida corporation not -.for -profit, hereby accepts all of the terms and conditions of said Assign- ment and further acknowledges that it is fully aware of the existing terms, conditions, and covenants of said Lease assign- ed by the foregoing instrument. TEMS ASSOCIATION, INC. BO� Preside t � ij Signed, Sealed nd delivered in th Attest presen of : 1 STATE OF FLORIDA ) )ss: COUNTY OF BROWARD) BEFORE ME, the undersigned authority, personally appeared %ice an Le_). �i•c�eLc� respectively, to me personally known, and this day acknowledged before me that they executed the foregoing Acceptance of Assign- ment as duly authorized officers of TEMS Association, Inc., of Tamarac Lakes 1 and 2. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Broward County, Florida, this fps day of 1982. My Commission Expires: +10-'A[tX Y_u3U . TA1E of FLORIDA AI �A (1, A4Y CU'r.;;t�SiC'V ':?;pw5 APR 21 .1984