HomeMy WebLinkAboutCity of Tamarac Resolution R-90-1111
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Temp. Reso. #5774
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-90- ///
A RESOLUTION APPROVING AND ACCEPTING A
PARTIAL SUBORDINATION OF ENCUMBRANCE TO
PROPERTY RIGHTS OFFERED BY THE FEDERAL
DEPOSIT INSURANCE CORPORATION FOR CERTAIN
WATER AND SEWER EASEMENTS FOR THE LANDINGS
ON CYPRESS GREENS 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 the Federal Deposit Insurance
Corporation for certain water and sewer easements for The Landings
on Cypress Greens 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, Florida.
SECTION 3: This Resolution shall become effective upon
adoption. , r Zr-1.
PASSED, ADOPTED AND APPROVED this v day of 1990.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this R lution as
to
<7
ALAN F. RU
INTERIM CIT ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR_
ABRAMOW(TZ�14"Ie—
DISTRICT 1:
C/M ROHR L
DISTRICT 2:
C/M SCHUMANN
DISTRICT 3:
V/M HOFFMAN
D13TRICT 4
C/M BENDER e�
e Corporate _ _ - "
e- qo-- W 0
PARTIAL SUBORDINATION OF
ENCUMBRANCE TO PROPERTY RIGHTS
PRDJ=: The Landings On Cypress Greens
THIS INDENTURE, made this day of NOVEMBER 1989
FEDERAL DEPOSIT INSURANCE CORPORATION meager for the Mjer-7 Savings and Iran In-
surance Corporation Resolution Fund as Receiver for Q S ON,
with its principal office in the county of ,BIC'0[yr4
and state of a=ORIP4 , 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:
Exhibit B-10 B-29 B-3, B-4, B-5
The encumbrance now held by GRANTOR hereby partially sub-
ordinated to GRANTEE, is described as follows:
__________..-__---
Nature of
--_-__-r-
From or
In Favor
Recorded
Encumbrance Date
Against
of
Book Page
Mortgage 1/27/89 The Landings On
Cypress Greens,
Florida
Partnership
- 1-
FSLIC as 16153
A receiver for 614
.Cypress Savings
Association
It is expressly understood and agreed that this Subordina-
tion of Encumbrance to Property Rights is given to allow '
GRANTOR, its successors and assigns, to locate, construct, im-
prove, and/or maintain a portion of
Exhibits B-1, B-2, B-3, B-4, B-S
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 WHEREOF, GRANTOR has caused these presents to be
signed in its name by its President, attested by its Secretary,
and has caused its corporate seal to be hereto affixed the day
and year first above written.
(Corporate Seal)
Attest: not appticabt-e
Secretary
Sign!kcT, sealed d delivered
in pr enc of:
if v
Ltza Gitatd
- 2-
By FEDERAL DEPOSIT INSURANCE
CORPORATION as Mmiager for the
Federal Savings and Loan Insurance
Cor
por,atian Resolution Fund as Re-
iver or Cypress Savings Association
"9 /�i ilQia6' Li�urp�fdr John O D o n n e t. a
ACKNOWLEDGMENT
STATE OF GEORGIA
COUNTY OF 15, �i/✓
..
k-�6 - ///
I HEREBY CERTIFY that on this �P'A day of tJpypmgpm ,
A.D. 19 89 , before me; an officer duly authorised in the
State of Gear?i , and County of c���� , to
take acknowledgments, personally appeared -
FEDERAL DEPOSIr INSURANCE CORPORATION as Manager for the Federal Savings and
Loan Insurance Corporation Resolution Rind as Receiver for Cypress Savings
Association,
to me known to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof to
be their free act and deed as such officers and that they
affixed thereto the official seal of said corporation and that
they were properly empowered to do so by and on behalf of said
corporation and that the foregoing instrument is the act and
deed of said corporation.
(SEAL)
My Commission Expires: Notary public, DeKalh County. Georgia
my Commission Expires t.ugust 31.1993
PARTIAL.SUBORD.
6/9/89
D1
'e n
M. Michette MaxweZ4
Notary Public in and for the -
County and State Aforesaid
3-
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LEGAL DESCRIPTION FOR UTILITY EASEMENT
(THE LANDINGS ON CYPRESS GREENS TRACT 6)
Exhibit B—
_ . -►- ► 1 . _ - +, _ -sue -�
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NOTE: The above is a Legal Description
as shown and not a Land
Boundary Survey.
SURVEYOR'S CERTIFICATE Sheet 1 of 2
1 hereby comity thst a raeent survey of the above described properly was made unda►my responsible direction and supervision and that
there are no above ground encroachments unless otherwise noted. 1 further certify that this survey meets the minimum technical
standards as set forth, by the Florida Board of Land Surveyors pursuant to Section 472.07 Florida Statutes and the minimum
raqurrements of the F.L.T.A, '
SCALE 1" 100,
SURVEY DATE January 7th 1988 •
skwt,
R.T. BOGLE L ASSOC. INC.
LAND SURVEYORS ROBERT T. BOGLE
70130 Tell Street, Hollywood. FL 33024 Registered Land Surveyor Me. 3277
STATE OF FLORIDA
•!Y.
Exhibit — B -)
LEGAL DESCRIPTION FOR UTILITY EASEMENT
(THE LANDINCS ON CYPRESS GREENS TRACT 6)
Being a portion of Tract 6 "THE LANDINGS ON CYPRESS GREENS", as recorded in Plat Book 131
Page 31 of the Public Records of Broward County, Florida. being more particulary described
as follows:
Continence at the Northwest corner of said Tract 6; thence North 89036103" East (bearings
based on said plat) along the North line for 124,00feet; thence South 0023'57" East for
10.00 feet to the Point of Beginning; thence continue South 0023'57" East for 100.00 feet;
thence South 89036'03" West for 8.00 feet; thence South 0023157" East for 103.67 feet to a
point of curvature; thence on a'curve to the right having a radius of 25 feet a central
angle of 900 for an arc distance of 39.27 feet to a point of tangency; thence South 89036'
03" West for 71.00 feet; thence North 0023'57" West for 12.00 feet; thence North 89036'03"
East for 71.00 feet to a point of curvature; thence on a curve to the left having a radius
of 13 feet a central angle of 900 for.an arc distance of 20.42 feet to a point of tangency;
thence North 0023'57" West for 203.67 feet; thence North 89036'03" East for 20.00 feet to
the Point of Beginning.
11
Sheet 2 of 2
%, 1
r ewer
LEGAL DESCRIPTION FOR UTILITY EASEMENT
(THE LANDINGS ON CYPRESS GREENS TRACT 6)
Exhibit — B—T.
rirt0r C.
.:rB9 66'
0
NOTE: The above is a Legal Description
as shown and not a Land
Boundary Survey.
Sheet 1 of 2
SURVEYOR'S CERTIFICATE
1 hereby certify that a recent survey of the above described property was made under my responsible direction and supervision end that
shore see no above ground encroachments unless otherwise noted. I funher oenlfy that this survey meet$ the minimum technical
standards as eat forth by the Florids Board of Land Surveyors puntuant to Section 472.07 Florida Statutse and the minimum
rsputrements of the F.L.T.A.
SCALE 1" - 100,
SURVEY DATE January 7th 1988 /
u.0
R.T. BOGLR & ASSOC. INC,
LAND SURVkYOttS RO`ERT T. BOGLE
7060 Taft Street, Hollywood, FL 33024 Neplstwed Lartd Wry yw No. 3277
STATE OF FLORIDA
le- ��-Ili
Exhibit - 13
LEGAL DESCRIPTION FOR UTILITY EASEMENT
(THE LANDINGS ON CYPRESS CREXHS TRACT 6)
a
Being a portion of Tract 6 "THE LANDINCS ON CYPRESS GREENS", as recorded in Plat Book 131 P
31 of the Public Records of Broward County, Florida, being more particularly described as
follows:
Commence at the Southwest corner of said Tract 6; thence North 0023157" West (bearings based
on said plat) along thu West line of said Tract 6 for 211.33 feat; thence North 89036103"
East for 20.00 feet to the Point of Beginning; thence North 89036'03" East for 71.00 feet to
a point of curvature; thence on a curve to the right having a radius of 25 feet a central
angle of 900 for an arc distance of 39.27 feet to a point of tangency; thence South 0023'57"
East for 62.33 feet; thence North 89036'03" East for 13.00 feet; thence South 0023'57" East
for 94.00 feet; thence South 89036103" West for 25.00 feet; thence North 0023157" West for
156.33 feet to a point of curvature thence on a curve to the left having a radius of 13 feet
a central angle of 900 fur an arc distance of 20.42 feet to a point of tangency; thence South
89036'03" West for 71.00 feet thence North 0023'57" West for 12.00 feet to the Point of
Beginning•.
Sheet 2 of 2
3
DESCRIPTION
The West 231.97 feet of the Tv lve Foot (12') Utility
Easement described on Sheet 2 o,. this Exhibit B-3.
EXHIBIT B-3
I SHEET 1 of 2
r. rr.+rw
LEGAL DESCRIPTION FOR 12 FOOT UTILITY EASEMENT
(THE LANDINGS ON CYPRESS GREENS TRACT 6)
Being a Portion of Tract 6 "THE LANDINCS ON CYPRESS CREENS", as recorded in plat
Book 131 Page 31 of the Public Records of Broward County, Florida, being more
particularly described as follows:
Commence at the Northwest corner of said Tract 6 thence North 89036'03" East
(bearings based on said plat) along the North line of said Tract 6 for 154.00 feet:
thence South 0023'57" East for 98.00 feet to the Point of Beginning; thence continue South Do
23'57" East for 12.00 feet; thence North 89036'03" Fast for 422.84 feet. thence North 1026'21"
West for 12.00 feet; thence South 89036'03" West for 422.62 feet to the Point of Beginning.
rAr. 6
Exhibit — B- 3
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TRACT 6
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NOTE: The above is a Legal Description Sheet 2 Of 2
as shown and not a Land
Boundary Survey.
SURVEYOR'S CERTIFICATE
I hereby certify That a recent survey of the above described property was made under my responsible direction and supervision and that
there are no above ground encroachments unless otherwise noted, I further certify that this survey meets the minimum technical
standards as set forth by the Florida Board of Land Surveyors pursuant to Section 472.07 Florida Statutes and the minimum
requirements of the F.L.T.A.
SCALE Ito 1 100'
SURVEY DATE January 7th 1988
StAl.
H.T. BOG1.E ASSOC. INC.
LAND SURVEYORS
7080 Taft Sliest, Hollywood. FL 33024
ROBERT T. BOOLE
Registttred Lard Surveyor Me. 2277
STATE OF FLORIDA
r
.
LOCATION MAP
,WU 9 NOT • MVBT
CERTIFICATE
THIS W TO CETt>~1FY THAT A SKETCH WAS MADE
THIS DAY OF THE PROPERTY AS DESCRIBED AND
SHOWN HEREON AND THAT THE SKETCH AND DE-
SCRIPTION ARE ACCURATE AND CORRECT TU THE
BEST OF OUR KNOWLEDGE AND BELIEF. 1111S
SKETCH MEETS THE MINIMUM TECHNICAL STRN•
DARDS SET FORTH BY THE FLORIDA BOARD OF
LAND SURVEYORS IN CHAPTER 21•HH 6, FLORIDA
1DMINISIRATIVE CODE.
`C. CL WINNIN IA CORPORATION
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a� n r yar o.S%e1 r a
Nto � �
M
15'3'
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SKETCH OF TWO ADDITIONAL UTILITY EASEMENTS
AT THE LANDINGS ON CYPRESS GREENS O
FOR LAUTIN VENTURES
5 4 kI
Those portions of Tract 6, according to the plat of The
Landings on Cypress Greens, as recorded in Plat Hook 131 at
Page 1 of the Public Records of Broward County, Florida,
described as followst
EASEMIENT NO. 1
The East 30 feet of the West 154 feet of the South 12 .feet of
the North 110 feet and the East 29'feet of the West 153 feet of
the South 88 feet of the North 98 feet d[ skid Tract 6.
EASEMENT NO. 2
The East 10 feet of the West 20 feet of the South 12 feet of
the North 238.67 feet of said Tract 6.
Said lands situate in the City of Tamarac, Broward County,
Florida.
I�lounclry EASEMENT pa PLAT-
I o 0 a9 I
1
I 1 so* I
I ,. r EASEMENT AV I i
EAsEmwT m. z
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TRACT 6
I
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-- 110�UT/t /T Y E4szA4EJVT PER P"r
C.C. WII GINGHAM CORPORATIO11
1040 IT.1. 45TH STREET
OAKLAND '2 ARK, FLORIDA 33334
100
5-5-y0
Exhibit B-4
38397
DII
DESCRIPTION
The lands described as Easement No. 1 and Easement No. 2
on Sheet 2 of this Exhibit B- 5.
Exhibit B-5
Sheet 1 of 2
n
��
LOCATION MAP
.VW 0 MOT • MVBY
CERETInCAIE
THIS 13 TO CERTIFY THAT A SKETCH WAS MADE
THIS DAY OF THE PROPERTY AS DESCRIBED AND
SHOWN HEREON AND THAT THE SKETCII AND DE-
SCRIPTION ARE ACCURATE AND CORRECT TO TIIE
BEST DF OUR KNOWLEDGE AND BELIEF. 1111S
SKETCH MEETS THE MINIMUM TECHNICAL STAN•
DARDS $11 FORTH BY THE FLORIDA BOARD OF
LAND SURYEYORS IN CHAPTER 21•HH•6, FLORIDA
%DMINISTRATIVE CODE.
Sb% a �i
bl. 3 G a
SKE M OF FIVE ADDITIONAL UTILITY EASDTENTS 0
AT THE LANDINGS CN CYPRESS GREENS
FOR THE LANDINGS ON CYPRESS GREENS HCFJEO MERS ASSOCIATICN
CESCRIPTICN
Those portions of Tract 6, according to the plat of The
Landings on Cypress Greens, as recorded in Plat Book 131 at
Page 1 of the Public Records of Broward County, Florida,
described as follows:
EASEMENT NO. 1
The East 10 feet of the West 20 feet of the Noah 12 feet of
the South 211.33 feet of said Tract 6.
V.
EASEMENT NO. 2
The East 30 feet of the West 159 feet of the North 94 feet of
the South 124 feet of said Tract 6.
EAMENT NO. 3
The West 5 feet of the East 15 feet -of the South 12 feet of the
North 110 feet of said Tract 6.
EASEMENT NO. 4
The West 5 feet of the East 15 feet of the South 12 feet of the
North 172 feet of said Tract 6.
EASEMENT NO. 5
The West 5 feet of the East 15 feet of the North 12 feet of the
South 124 feet of said Tract 6.
Said lands situate in the City of Tamarac, Broward County,
Florida.
FE 1aunury EAszm Nr PER o"r
I
TRACT 6
I EAIEA4ENT AV 1
26, N
6
1
13 ' _E�sE�nrr tin 2
Sheet 2 of 2
T:
�I
ro'ux/7yaso+xPmPur
I
�IID'uT1L/TV lA�EMEA/T PER OL,AT
-'-_
BY: C.C. I]Iiti1IIjGilAt'I C0RP0Pu4'rl0tj
1040 H.E. 45TH STREE'r
OAKI,AIiD PARK, FLORIDA 33334
Exhibit B-5
NO. S
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-- EAsIEMENT
s' MD•4
EAs�M
NO.S
3.
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SCALE J "-,10a'
3 -s -'90
.3831?
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ERVAr1 V
I -IV
THE LANDINGS ON CYPRESS GREENS F
BY L A UT/N VENTURE, INC.
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA.
Plat Book 131, Page 31
LOCATM MAP