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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-013Temp. # 2139 I 2 3 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. _j,? -,I& A RESOLUTION AUTHORIZING THE ASSIGNMENT OF DECLARATION OF RESTRICTIONS TO THE MAINLANDS SECTION THREE ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE 51 WHEREAS, the City of Tamarac was the Assignee under an Assignment dated March 18, 1968 whereby it was assigned certain obligations, rights and servitudes under paragraph 5 of a Declaration of Restrictions in MAINLANDS SECTION 8 THREE in Tamarac, Broward County, Florida; and 9 WHEREAS, MAINLANDS SECTION THREE ASSOCIATION, INC., a homeowners 10 association, has requested the City to assign said rights and interests to the 14 25 16 17 20 21 22 23 24 25 26, 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 SECTIO! THREE ASSOCIATION, INC., any rights, duties, obligations or servitudes which it may have under paragraph 5 of that certain Declaration of Restrictions recorded in Official Records Book 3620, Page 727 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. SECTION 3: This Resolution shall became effective upon adoption. PASSED, APPROVED AND ADOPTED thisLday of , 1982. ATTEST: 28 29 CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this Resolution. 33 / .1, —4)) . , , -- X1ris"/' ) 1,t ` CITY ATTORNEY 34 35 36 MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE c� So, ga.13 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 BEHRING PROPERTIES, INC., under .j an Assignment dated the 14th day of March, 1968; and WHEREAS, the CITY OF TAMARAC, FLORIDA, is desirous of - assigning all of the rights, duties, obligations and servitudes under paragraph 5 in that certain Declaration of Restrictions dated the 28th day of February, 1968, and recorded the 14th day of March, 1968 in Official Records Book 3620, at Page 727 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 SECTION THREE ASSOCIATION, INC., is desirous of accepting said Assignment and assuming rights, duties and obligations as set forth in paragraph 5 of 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 THREE ASSOCIATION, INC., all of its rights, duties, obligations and servitudes as contained in paragraph 5 of the Declaration of Restricti-ns dated the 28th day of February, 1968, and recorded in Official Records Book 3620, Page 727 of the Public Records of Broward County, Floric:a, which Declaration of Restrictions relate to the following described lands: THE MAINLANDS OF TAMARAC LAKES, THIRD SECTION, according to the Plat thereof, recorded in Plat Book 64, at Page 38, of the Public Records of Broward County, Florida; and Together with the following described tract of land situate, lying and being in Broward County Florida, to -wit: Parcel A and Parcel B, THE MAINLANDS OF TAMARAC LAKES THIRD SECTION, according to the plat thereof, as recorded in Plat Book 64, Page 38 of the Public Records of Broward County, Florida, together with the following described parcel: Beginning at the Southeast corner of Lot 14, of Section 13, Township 49 South, Range 42 East, according to the plat thereof, of FORT LAUDERDALE TRUCK FARMS SUBDIVISION, as recorded in Plat Book 4, Page 31, of ti-e Public Records of Broward County, Florida; thence N-89 0 15' 42" - W, along the South line thereof, 476.60 feet to a point; thence N-00 44' 18" - E, 200 feet to a point; thence S-890' 15' 42" - E, 473.34 feet to a point; thence N-00 44' 18" - E, 100.0 feet to a point; thence N-890 15' 42" - W, 246.70 feet to the Point of Curvature of a circular curve to the right; thence North- westerly along the arc of said curve having a radius of 125 feet, an arc distance of 196.35 feet to the Point of Tangency of said curve; thence N-Oo 44' 18"-E, 70 feet to a"point; thence N-00 N-590 14' 10"-E, 70 feet to the Point of Curvature of a circular curve to the right; thence Easterly along the arc of said curve having a radius of 125 feet, an arc distance of 190.78 feet to a point; thence 5-890 15' 42" - E, 139.94 feet to a point; thence N-00 11' 59" - W, 335:87 feet to a point; thence N-890 15' 42" - W, 363.0 feet to a point; thence N-00 44' 18" - E, 319.0 feet to a point; thence N-890 15' 42" - W, 3.O feet to a point; thence N-00 44' 18" - E, 90.0 feet to a point; thence S-890 15' 42" - E, 359.31 feet to a point; thence S-OP 11' 59" - E, 1240 feet to the Point of Beginning. 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 performing the services as set forth in paragraph 5 of 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 MAINLANDS SECTION THREE 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. CIT BY: ATT ACCEPTANCE OF ASSIGNMENT IN CONSIDERATION of the foregoing Assignment and other good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, MAINLANDS SECTION THREE ASSOCIATION, INC. hereby accepts all of the terms and conditions of said Assignment and further 0=1V acknowledges that it is fully aware of the terms, conditions and covenants of the original Declaration of Restrictions assigned by the foregoing instrument. MAINLANDS SECTION THREE 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. MAINLANDS SECTION THREE ASSOCIATION, INC. BY: President ATTEST: Secretary STATE OF FLORIDA :SS: COUNTY OF BROWARD BEFORE ME, the un ersigned u h ity, this day p rsona ly appeared ��� �y��E and Adk respectively, as Mayor and City of the C' y 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 a Tamarac, Broward County, Florida, this day of , 1982. NOTARY PUBLIC MY CRj ISg1 , EXPIRES: �r".Y eL�zl . STATE OF FLOP, I DA A7 LAkG EYi Z Ai,'k 21 1 # STATE OF FLORIDA :ss: COUNTY OF BROWARD BEFORE ME, the undersigned authority, this day personally appeared and as President and Secretary, respectively, of MAINLANDS SECTION THREE 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 , 1982. NOTARY PUBLIC MY COMMISSION EXPIRES: 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 SECTION THREE 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 covenants of the Declaration •.� of Restrictions assigned by the foregoing instrument. The MAINLANDS SECTION THREE ASSOCIATION, INC., as Assignee, further acknowledges and recognizes that any lien rights created by the aforesaid Declaration of Restrictions assigned hereby to said Corporation shall at all times be inferior and sub- ordinate to any lien rights created by any mortgage of record and existing upon the date of this Assignment or placed of record subsequent thereto, which mortgages may encumber any of the real properties subject to the aforesaid Declaration of Restrictions. As to each signator, signed, MAINLANDS SECTION THREE ASSOCIATION, sealed and delivered in INC., the presence of: STATE OF FLORIDA :ss: COUNTY OF BROWARD BY: ATTEST: BEFORE ME, the undersigned authority, personally appeared and , President and Secretary, respectively, of MAINLANDS SECTION THREE ASSOCIATION, INC., and before me they executed this Acceptance of Assignment and acknowledged that said Acceptance of Assignment was authorized by the Assignee's Board of Directors and this instrument is executed by them pursuant to that authorization. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Ft. Lauderdale, Broward County, Florida, this day of , 1982. NOTARY PUBLIC My Commission Expires: SIGNED COPY RECORDED WITH COUNTY