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Home My WebLink AboutCity of Tamarac Resolution R-92-093Temp. Reso. # 6297 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-92- A RESOLUTION APPROVING AND ACCEPTING A PARTIAL SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS OFFERED BY BANKATLANTIC FOR THE CANAL MAINTENANCE EASEMENT FOR THE WATERS EDGE OF TAMARAC PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Partial Subordination of Encumbrance to Property Rights offered by BankAtlantic for the Canal Maintenance Easement for the Waters Edge of Tamarac project is hereby APPROVED AND ACCEPTED, a copy of said document being attached hereto as "Exhibit 1". SECTION 2: That the City Clerk is hereby authorized and directed to record said document in the public records of Broward County. SECTION 3: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED thislvPh ay of , 1992 ATTEST: 22, CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as H. BENDER MAYOR RECORD OF COUNCIL VO MAYOR BENDER . DISTRICTI: C M KA DISTRICT 2: V/M CHQMANN DISTRICT 3: _„Q/M SCHREIBER DISTRICT 4: C/M ABRAMOWIT2 pi ((g- 9,2- S3 Corporate PARTIAL SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS PROJECT: Water's Edge _o_f Tamarac, Inc. THIS INDENTURE, made this LU�`day of , A.D. 19 a2: , between BankAtlantic, a Fede_r6-1 Savings Bank 1750 East Sunrise Boulevard Fort Lauderdale Florida 333304 with its principal office in the county of Broward and state of Florida , hereinafter called "GRANTOR" and City of Tamarac, at 7525 Northwest 88th Avenue, Tamarac, Florida, 33321, a municipal corporation of the State of Florida, hereinafter called "GRANTEE." WITNESSETH: That GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt of which is hereby acknowledged, hereby subordinates the encumbrance specified below and held by GRANTOR to the property rights acquired or to be acquired by GRANTEE in that portion of the encumbered lands hereinafter described only and for no other portion, to wit: Canal Maintenance and Public Utility Easement as Described on: Exhibit "A" 41 Sheet 1 of 3 Sheet 2 of 3 Sheet 3 of 3 .. The encumbrance now held by GRANTOR hereby partially sub- ordinated to GRANTEE, is described as follows: ---------------------------------------------------------------- Nature of From or In Favor Recorded Encumbrance Date Against of Book Page ---------------------------------------------------------------- Commercial 2/11/92 [crater's Edge of BankAtlantic 19172/0930 Mtg & Security Tamarac, Inca Agreement 4/8/92 - 1- IV - /ate % 3 . It is expressly understood and agreed that this Subordina- tion of Encumbrance to Property Rights is given to allow GRANTEE, its successors and assigns, to locate, construct, improve, and/or maintain a portion of EXHIBIT "A" SEE SHEETS ATTACHED over, through, upon, and/or across the herein described lands, being a portion of the encumbered premises, that this instrument subordinates GRANTOR'S encumbrance only insofar as said encum- brance affects the rights and privileges of GRANTEE in GRANTEE'S uses of the lands above -described, and that nothing herein con- tained shall in any way affect, alter, impair, minimize, or diminish the effect of said encumbrance or the remedies at law or in equity for recovering against the parties charged by said encumbrance the full amount of all sums secured by and/or due under same. It is further understood and agreed that in the event said above -described .lands are abandoned by GRANTEE and cease to be used as aforesaid, this subordination of encumbrance shall terminate as to the portion of said lands so abandoned and no longer so used, and the encumbrance shall be reinstated and be effective as to such portion as though this subordination had never been made. IN WITNESS signed in its na and has caused i year first above WHEREOF, GRANTOR has caused these presents to be me by its President, attested by its Secretary, is corporate seal to be hereto affixed the day and written. (Corporate Seal) Attest: �4.c..J By r iorporate Secretary Pr i0ent Jean Carvalho JahnrO'Neill Signed, sealed and delivered in the presence of: �i WITNESS a maryrrracey Wi`TNESS Jeffery&Kessler 0 DOC WATR/ED/PAR.SUB mw 4/8/92 �M _ 07c�— — e7 3 of - a 31v3s 5"y�4�- -r- 1 r441yt1 r 141 u r11rr1 ilrlr 1 r.. 11 moll E -CITY OFSA11;afZAC 2 Il AMEMAS 44 a a da IVNdO �/ ll ; ��'� 01 J�'tlN; ";s IK31137Y7M0] 4 11110d N • mu 1 N'1 M11 Mrl u,vN. t1+.tw,1. tirir M11.WIArl.lw .N W AM •�,.M A I.,M w Mn wi•Rrr 1 1 w uls. 111 ,1w 11.,11 At MIINIlpt1 r WIM 1 , r-------------- -- — 1 ` q w,ry1 N M,1.y.p 1 1 ' 1 1 1 x 11 N N 9 ti r I % 1 1 1 1 1 I 1 1 I 1 .1 W ill 11MM4 1 irl'N-0 .KM.64 rtw� y gq 1 1 NVN i 7� 1 t l M 1{ i� • 1 �—rAi'ir,L -- 1 1 ' 1 pp q ' 1 ■ 1 1 >< r3ar 1 ' ; ro ■ y 1 ' 1 1 ' t ■SK ; Al w. 1� / 1 rr+r uMl.0 uluw .rY K aruu ,", R ------- 1 i ill ..10 N ! 1 a x,hyn pNw 1 � , r 1 1 � 1 k 1 1 111y39;3 Amiln ,SI , M )r,11 uog, rrr rrr N.M.rr % M n � NI ar wm. 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((g - 92,93 " I� z LEGAL DESCRIPTION TO ACCOMPANY SKETCH FOR A 10 AND/OR 18 FOOT WIDE DRAINAGE EASEMENT Easements lie within the Boundary Lines of Lots 1, 2, 3, 4 and 5 and the South 50.00 foot of Lot 6, Block 6, "LYONS INDUSTRIAL PARK", as recorded in Plat Book 71 at Page 1 of the Public Records of Broward County, Florida and are more particularly described as follows: Commence at the Southwest corner of said Lot 1; thence North 00 degrees 01 minutes 37 seconds West along the West line of said Lot 1 for 70.98 feet to the Point of Beginning'of the following described line (said line being the centerline of a 10 foot wide drainage Easement) thence South 15 degrees 52 minutes 34 seconds East for 74.17 feet to a Point of Termination (said point being on the South line of said Lot 1; together with the following Easements Commence at the Southwest corner of said Lot 1; thence North 00 degrees 01 minutes 37 seconds West along the West line of said Lots 1 and 2 for 174.42 feet to the Point of Beginning of the following described line (said Line being the centerline of a le foot wide Drainage Easement) thence South 89 degrees 52 minutes 26 seconds East for 124.04 feet; thence North 00 degrees 02 minutes 32 seconds West along the centerline of a 10 foot wide Drainage Easement for 255.21 feet thence North 89 degrees 36 minutes 46 seconds West along the centerline of a 18 foot wide Drainage Easement for 123.98 feet to a Point of Termination (said point being on the West Line of said Lot 4, all lying and being in the City of Tamarac, Broward County, Florida (Bearings are assumed and are based on the West line of said Lot 1) Note: The purpose of this sketch and legal description is to create a continuous 10 and/or 18 foot wide easement the lines may have to is be lengthened or shortened to achieve this purpose. LEGAL DESCRIPTION TO ACCOMPANY SKETCH FOR UTILITY EASEMENT Easements lie within the boundary lines of Lots 1, 2, 3, 4 and 5 and the South 50.00 feet of Lot 6, Block 6 "LYONS INDUSTRIAL PARK" as recorded in Plat Book 71 at Page 1 of the Public Records of Broward County, Florida and being more particularly described as follows: (The following 15.00 foot wide easement lies between the following described line and a line that is 15.00 foot right of and parallel. with said line) Begin at the Northwest corner of the South 50.00 foot of said Lot 6, Block 6; thence South 88 degrees 59 minutes 06 seconds East along the North line of the South- 50.00 foot of said Lot 6 for 250.04 feet to a Point of Termination= (said point being the Northeast corner of the South 50.00 foot of said Lot 6) together with the following 5.00 foot easement Commence at the Southwest corner of said Lot 1; thence North 00 degrees 01 minutes 37 seconds West along the West line of said Lot 1 for 115.02 feet to the Point of Beginning of the following described lines (Easement lies between the following described lines and a line that is 5.00 foot right of and parallel with said lines) thence South 88 degrees 59 minutes 06 seconds East for 114.66 feet to a Point of Curvature; thence Easterly and /Pev e /e W BCA - A go 5healo P O F $ bhcsJ.3 SCHWEBKE - SHISKIN' & ASSOCIATES, INC. LAND SURVEYORS* ENGINEERS • ARCHITECTS • 3240 CORPORATE WAY • MIRAMAR, FL 33025 ORDER No, ews 49 S e DATE /-24-92 THIS IS NOT A 'LAND, SURVEY' PREPA NDER MY SUPERVISION O• oav/ fridei/c FLA. PROP LAND SURVEYOR No.-?043_ 0 Northeasterly along a circular curve to the left having a radius of 20.00 feet and a central angle of 91 degrees 02 minutes 31 seconds for an arc distance of 31.78 feet to a Point of Tangency; thence North 00 degrees 01 minutes 37 seconds West for 335.96 feet to a Point of Curvature; thence Northerly and Northwesterly along a circular curve to the left having a radius of 20.00 feet and a central angle of 88 degrees 57 minutes 29 seconds for an arc distance of 31.05 feet to a Point of Tangency; thence North 88 degrees 59 minutes 06 seconds West for 115.38 feet to a Point of Termination (said point being on the West line of said Lot 5) together with the following 5.00 foot Easement Commence at the Southwest corner of said Lot 1; thence North 00 degrees 01 minutes 37 seconds West along the West line of said Lots 1 and 2 for 165.03 feet to the Point of Beginning of the following described lines (Easement lies between the following described lines and a line that is 5.00 foot left of and parallel with said lines) thence South 88 degrees 59 minutes 06 seconds East for 59.56 feet to a Point of Curvature; thence Easterly and Northeasterly along a circular curve to the left having a radius of 25.00 feet and a central angle of 91 degrees 02 minutes 31 seconds for an arc distance of 39.72 feet to a Point of Tangency; thence North 00 degrees 01 minutes 37 seconds West for'225.94 feet to a Point of Curvature; thence Northerly and Northwesterly along a circular curve to the left having a radius of 25.00 feet and a central angle of 88 degrees 57 minutes 29 seconds for an arc distance of 38.82 feet to a Point of Tangency; thence North 88 degrees 59 minutes 06 seconds West for 60.46 feet to a Point of Termination (said point being on the West line of said Lot 4) all lying and being in the City of Tamarac, Broward County, Florida. (Bearings are assumed and are based on the West line of said Lot 1) Note: The purpose of this sketch and legal description is to create a continuous 5 foot and or 15 foot wide easement the lines may have to be lengthened or'shortened to achieve this purpose. LEGAL DESCRIPTION TO ACCOMPANY SKETCH OF A 20 FOOT WIDE CANAL MAINTENANCE AND UTILITY EASEMENT Easement lies within the Boundary Lines of Lots 1, 2, 3, 4 and 5, and the South 50 foot of Lot 6, Block 6, "LYONS INDUSTRIAL PARK", as recorded in Plat Book 71 at Page 1 of the Public Records of Broward County, Florida and being more particularly described as follows: (The following 20.00 foot Easement lies between the following described lines and a line that is 20.00 foot left of and parallel with said lines) Begin at the Southwest corner of said Lot l; thence South 88 degrees 59 minutes 06 seconds East along the South line of said Lot 1 for 250.04 feet; thence North 00 degrees 01 minutes 37 seconds West along the -East lines of Lots 1, 2, 3, 4 and 5 and the South 50.00 foot of said Lot 6, Block 6 for 600.00 feet to a Point of Termination (said point being the Northeast corner of South 50.00 foot of said Lot 6) All lying and being in the City of Tamarac, Broward County, Florida. (Bearings are assumed and are based on the South line of said Lot 1) Note: The purpose of this sketch and legal description is to create a continuous 20 foot wide easement the lines may have to be lengthened or shortened to achieve this purpose. 'e"I i%te ,WOCA *PO '5heef S of 5 5bea{3 SCHWEBKE - SHISKIN & ASSOCIATES, INC. LAND SURVEYORS • ENGINEERS • ARCHITECTS * 3240 CORPORATE WAY • MIRAMAR, FL 33025 ORDER No. & -999 5 DATE �' 2 THIS IS NOT A "LAND SURVEY" PREPARA UNDER MY SUPERVISION Q. ve ry/ FLA. PROF LAND SURVEYOR No. P5`l3 L U 70 S, "�� LliolLF7 G1 I � �70-� 70 S. �� R-J 93 I GARDENS � LIME Y �� o . 1-5 E 7-8 L WO � ,1 9d, H 6� J 66 Rp O 96 A. qh g� G� Lo o �6 .T C < L 64.ON c� WE WOOD (Sp � �°�►°°� b V COLONY WEST GOLF COURSE d 6E �S Er 0 61 S. �_ f1J C� ram_ _ ' �_^- I LAND SECT. 8�'� I� obi LY❑NS INDUSTRIAL 5 b PARK LAKE VISUAL 57 75. LAURA GRAPHICS -J m LS7^11,_ ] 5E 4 3 _._...._._._._. CIAL $LVDr y ~._.._._._._._._ 10 `LYONS COMM $ 9 /-0' CA Ti