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HomeMy WebLinkAboutCity of Tamarac Resolution R-90-116Temp. Reso. #5776 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-90- //& A RESOLUTION APPROVING AND ACCEPTING A PARTIAL SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS OFFERED BY GOVERNMENT NATIONAL MORTGAGE ASSOCIATION FOR A DRAINAGE EASEMENT AND A FLO THRU EASEMENT FOR THE FOREST WEST PROJECT ON NW 64 AVENUE (NORTH PORTION); 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 Government National Mortgage Association for a drainage easement and a flo thru easement for the Forest West project on NW 64 Avenue (North Portion), 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. PASSED, ADOPTED AND APPROVED thisr2—�-; day of 1990. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved thissolution as to So'fm1 � ALAN F . ' R INTERIM CIA ATTO RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ / DISTR!CT 1: C/M ROHR DISTRICT 2: C!M SCHUMANN D!3TR!C-, 3: WFA HOFFMAN DISTRICT 4: C/M BENDER Corporate PARTIAL SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS n i THIS INDENTURE, made this a24 day of February, A.D. 1990, between the GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, with its principal office in Washington, D.C., 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 right acquired or to be acquired by GRANTEE in that portion of the encumbered lands hereinafter described only and for no other portion, to wit: The two easements attached hereto; that is, the Drainage Easement and the Flo-Thru Easement (the "Easements") 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 --------------------------------------------------------------- First Mortgage 4/23/87 Unicom Puller Mortgage 14373/945 Partnership Associates Inc., Ltd. assigned to Government second National Mortgage Assn. Mortgage 4/23/87 Unicom Puller Mortgage 14500/177 Partnership Associates Inc., Ltd. assigned to Government National Mortgage Assn. Al It is expressly understood and agreed that this Subordination of Encumbrance to Property Rights is given to allow GRANTOR, its successors and assigns, to locate, construct, improve, and/or maintain a portion of Exhibit A attached to the Easements over, through, upon, and/or across the herein described lands, being a portion of the encumbered premises, that this instrument subordinates GRANTORIS encumbrance only insofar as said encumbrance affects the rights and privileges of GRANTEE in GRANTEE'S uses of the lands above -described, and that nothing herein contained shall in any way affect, alter, impair, minimize, or diminish the effect of said encumbrance or the remedies at low 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 Executive Vice President, attested by its Secretary, and has caused its corporate seal to be hereto affixed the day and year first above written. Attest. Elton Pell.dr fecretary Signed, sealed and delivered in the presence of: �• ,. Z By Robert KalisW Executive Vice President ACKNOWLEDGMENT District of Columbia �-96,11�e 0 I HEREBY CERTIFY that on this am?0 day of February, A.D. 1990, before me, an officer duly authorized zed in the District of Columbia, to take acknowledgments, personally appeared Robert Kalish and Elton Pellar, respectively Executive Vice President and secretary of The Government National Mortgage Association to me known to be the persons described in and who executed 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. My commiiribn Expires: /���� ��9.3 Notary PubW in and f& the District of/Columbia Aforesa' FRM048 EXHIBIT "A" r -9 o- / LAND DESCRIPTION THE FOREST 0 FLOWAGE EASEMENT A portion of Tract "A", BOULEVARD FOREST, according to the plat thereof as recorded in Plat Book 113, Page 39 of the Public Records of Broward County, Florida, being more particularly described as folows : COMMENCE at the Southwest corner of Tract "A" of said plat of BOULEVARD FOREST; THENCE North 89' 28' 02" East, along the South line of said Tract "A", 375.70 feet; THENCE North 00' 31' 58" West, 318.53 feet to the POINT OF BEGINNING of the centerline of a twenty foot wide (10.00 feet each side) strip of land; THENCE along said centerline the following nine (9) courses and distances: 1. North 77' 23' 26" West, 256.07 feet; 2. North 03' 36' 48" East, 583.16 feet; 3. North 31' 25' 30" West, 435.90 feet; 4. North 20' 54' 07" West, 819.12 feet to Reference Point "C"; 5. North 20' 54' 07" West, 343.93 feet; 6. North 11' 58' 34" East, 500.30 feet; 7. North 50. 17' 46" West, 321.77 feet; 8. North 15' 00' 05" West, 414.47 feet; 9. North 90' 00' 00" East, 366.40 feet to the POINT OF TERMINATION of said centerline; TOGETHER WITH: BEGIN at said Reference Point "C", said point being the POINT OF BEGINNING of the centerline of a twenty foot wide (10.00 feet each side) strip of land; THENCE along said centerline, North 90. 00' 00" East, 435.34 feet to the POINT OF TERMINATION of said centerline; The sideline of these easements are to be shortened or lengthened so as to provide a continuous easement in width and to intersect applicable property and easement lines. Said lands lying in the City of Lauderhill, Broward County, Florida. Land Description Prepared By CRAIG A. SMITH & ASSOCIATES Consulting Engineers & Surveyors 1000 West McNab Road Pompano Beach, Florida 33069 Project No: 88-1027 Prepared By: MTW Checked By: GJC September 8, 1989 Revised December 13, 1989 88--1027 . DE2 SHEET :I OF -15- SHEETS n nn Y mY �x m m n 0 n v m cn Cl) 33 -y C) z �±� s m Y { � � O r U] � m x c m �c rn na =Clb Pi 9-" Wc+ so .0 m���ma w • � : /'Yijnyl -4m n M 'tx SOUTH LINE TRACT'A', m 22 x m K I II. �C 1 m .i no*gir'n ?-.rn uq -wn"Tm —=�ma w Z G m rn 22 Y x o m 7C Z S/ mCCY]]v- r �1'LA-c Gminf'1 c Ci rn� .0 _ 3. cc Cl CAgorm W !/1 — 33 M =r K x m c:, s. a �Ornn4n �1"'Cp7C ae - rn n+ YZSe - ` mcl v m -qcD r2E m tg R•2040.00' � A•97. 23516 P. 0.8. 'DRAIN. EASN' 1 •N88.38' ICE 5. I5' an im, W N YO NY YIAm fn m mr fi� m -Cx oo�x N W x� LA ar Z in $ co co 1 D 'n A. m n to K m m PRm Z rn 33 Ln con --1 .•-1 M m W M �m M � n y rn 44 ";c x ++ AM o m © o P O U qF =Em RN rn an W inge-3 c� x Y c c•s m Z fr'1 m C7 r' 0 I EXHIBrr "A" e- 50 - / 11.4, LAND DESCRIPTION THE FOREST DRAINAGE EASEMENT 0 A portion of Tract "A", BOULEVARD FOREST, according to the plat thereof as recorded in Plat Book 113, Page 39 of the Pux='.ic Records of Broward County, Florida, being more particularly ("'-scribed as follows: COMMENCE at the Southwest corner of Tract "A" of said plat of BOULEVARD FOREST; THENCE North 00. 31' 59" West, along the Westerly line of said Tract "A", 240.38 feet to a Point of Curvature; THENCE Northwesterly along said Westerly line, and along the arc of a curve, having a radius of 2040.00 feet, a delta of 02' 43' 51", for an arc distance of 97.23 feet to the POINT OF BEGINNING of the centerline of a twenty foot wide (10.00 feet each side) strip of land; THENCE along said centerline the following two (2) courses and distances: 1. North 88. 38' 14" East, 5.15 feet; 2. North 71° 53' 46" East, 129.55 feet to the POINT OF TERMINATION of said centerline on the _centerline of a twenty foot wide Flowage Easement; TOGETHER WITH: COMMENCING at the said Southwest corner of Tract "A" of said plat of BOULEVARD FOREST; THENCE North 896 28' 02" East, along the South line of said Tract "A", 375.70 feet; THENCE North 00" 31' 58" West, 318.53 feet to the POINT OF BEGINNING of the centerline of a twenty foot wide (10.00 feet each side) strip of land, said point being located on the centerline of a twenty foot wide Flowage Easement; THENCE along said centerline North 590 42' 02" East, 21.13 feet to the POINT OF TERMINATION of said centerline; TOGETHER WITH: COMMENCING at the Southeast corner of Tract "A" of said plat of BOULEVARD FOREST; THENCE North 01° 30' 02" West, along the East line of said Tract "A", also being the West Right -of -Way line of Northwest 64th Avenue, for a distance of 2104.42 feet; THENCE South 88' 29' 58" West, 1135.74 feet to the POINT OF BEGINNING of the centerline of a twenty foot (10.00 feet each side) strip of land; THENCE North 640 55' 41" West, along said centerline, 26.29 feet to the POINT OF TERMINATION of said centerline on the centerline of a twenty foot wide Flowage Easement; 88--1027 . DE2 SHEET 3 OF 6 SHEETS K-So- l1 � TOGETHER WITH: Ak COMMENCING at the said Southeast corner of Tract "A" of said plat of BOULEVARD FOREST; THENCE North 010 30' 02" West, along the East line of said Tract "A", for a distance of 3537.42 feet; THENCE South 886 29' 58" West, 1545.03 feet to the POINT OF BEGINNING of the centerline of a twenty foot wide (10.00 feet each side) strip of land; THENCE along said centerline North 73' 16' 11" West, 20.68 feet to the POINT OF BEGINNING of said centerline on the centerline of a twenty foot wide Flowage Easement; The sidelines of these easements are to be shortened or lengthened so as to provide a continuous easement in width and to intersect applicable property and easement lines. Said lands lying in the City of Lauderhill, Broward County, Florida. Land Description Prepared By CRAIG A. SMITH & ASSOCIATES Consulting Engineers & Surveyors 1000 West McNab Road Pompano Beach, Florida 33069 Project No: 88--1027 Prepared By: MTW Checked By: GJC September 8, 1989 Revised December 13, 1989 0 88-1027.DE2 SHEET I OFF SHEETS -qG - /ILv -4 In y aj m n 0 n v m cn c-� 33 —4 Co z � � Y m - T in s N 7 x W a4 COT rn� N \ M O O.w+ m� H•2040.00' ^_,-A•97. 23' P. 0, 8. -----MAIN. EASN' T. LN88. 38' 14- E 5. 15" C1e are c ac Ill C M IM M = ban x 4--iomyco Ln 2-- CDXm� ccn �'C'1 mC1 Q7Q�axi aetnc� sxxzm rl rn z a rno rn-4Ylan z -d i Y L. C Y an zxr� i = CD g m ~irn2E os ornn"A o xm an x � �i x 3-- a m p p in CI1 m an rn 33 (n z cn iamm, g- U.� C. 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