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HomeMy WebLinkAboutCity of Tamarac Resolution R-90-226Temp. Reso. #5897 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-90- 4� A RESOLUTION ACCEPTING A PARTIAL SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS OFFERED BY FLAGLER FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI FOR THE CORAL CREEK/MISSION LAKES 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 Flagler Federal Savings and Loan Association of Miami for the Coral Creek/Mission Lakes project is hereby 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 this /0 day of 11990. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. ALAN F CITY TO RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DISTRICT 1: CIM ROHR DISTRICT 2: CIM SCHUMANN DISTRICT 3: VIM HOFFMAN DISTRICT 4; CIM BENDER a Corporate ' PARTIAL SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS PRO=: MISSION LAKES THIS INDENTURE, made this ; I A day of 1y #AM Or* A.D. 19 „,0 , between OE MIAMI with its principal office In the county of DADS_ r and state of _FLORIQA , 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 wits • The lands are more particularly described in the Utility Easement recorded - in Official Records Book 9093 at Page 983 of the Public Records of Broward County, Florida. , 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 J_ r—__r----w—_------�----------------- MORTGAGE 4-18-88'' ICON DEVELOPMENT tLAGLER ftDERAL BOOK 15381 encumbering CORPORATION SAVINGS AND • PAGE 451 the land as LOAN ASSOCIATION BROWARD COUNTY more particularly OF MI•AMI described in Exhibit A ' annexed hereto. - 1- 0 aj 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, im- prove, and/or maintain LIGHT POLES AND DUMPSTER ENCLOSURES located witthin Utilityy Easement as more particularly described in 0 ficial Records Book 9093 at Page N3 of the Public Records of Broward County, Florida, 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: Signed, sealed in the presence IL delivered FLAGLER FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI G. Prinrau I.Qurdes Con_suelo James L. Mack - 2- • ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF rjanr I HEREBY CERTIFY that on this 2►`4`0 day of A.D. 19 R , before me, sn officer ldu y authorized -win State of A , and' County of DADE take acknowledgments, Personally aPPeared to and ice president 40.secre ar Mof 91 7• re®pectivelYYfPre i ant and Y G ND LOAN ASSpCIATION OF MIAMI to me known to be the persons described 472and 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. ow,ES L. (SEAL) •• ••'f` +► : �pTA q�'. ,yam •. (JB L% My Commission Expires: 1 .,���'p' ,Ilb A,D1P`P` ``�� W COMMISSION . _ EXPIRES 10-1W PARTIAL.SUBORD. 6/9/69 00t&M Public in and for the Couvand State Aforesaid 3- 21 EXHIBIT "A" HMA11211111Q1 • PHASES III, IV, V, VI, VII ind VIll' of MISSION LAKES, • Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 9106, Page 5499 of the Public Records of Broward County, Florida, as &mended.,' AND PHASE IZ, which is described as follows: A portion of Parcel B, SOUTHGATE GARDENS, as recorded in Plat Book 77, Page 27, of the Public Records of Broward C more particularly described as follows: ounty,'Florida, being COMMENCING at the Southwest 33'35"East, corner of said Parcel B; along the South line.of THENCE South 890 3335said Parcel B a distance of 698.77 feet; THENCE North 00.26125" East, a distance of 42.50 feet to the Point of Beginning of this description; THENCE continue North 00.26125" East, a diitance of 27.50 feet; THENCE North 89.33135" West, a distance of 12.00 feet; THENCE North 00.26125" East a distance of $1.25 feet; THENCE North 82.44101" Wests a distance of 69.44 feet; THENCE North 00•26'25" East, a distance of 85.50 feet; THENCE South 89.33 035" East, a distance of 110.03 feet to a point on the arc of a circular non -tangent curve concave Northeasterly whose radius point bears North 64.40108" East from the last described point; THENCE Southeasterly and Easterly along the arc of said curve, having a radius of 57.50 feet, a central angle of 76.31116" and an arc distance of 76.79 feet to a Point of Reverse Curvature' of a circular curve concaveto THENCE Northeasterly and Southerly along the arc of - said curve baying a radii:s of 20.00 feet, a central angle of 102.17'33" 'and an arc distaae's of .35.71 feet; THENCE South 89'33135" East, along aline not described carve, a distance Tangent to the last of 20.00 feet; THENCE West. • distance of 26.78 feet to South 00.2b'25" a Paint of Curvature -of a circular said curve, having a radius o curve concave Northeasterly; THENCE Southeasterly along the are of 34021'16" and anarc diet f 125.00 feet, a central angle of ,ance of 74.95 f eet•to a point an the are of a circular non -radial curve whose radius point bears North 73.39158" Wests from the last described point; THENCE Southwesterly and Westerly along the 'arc of said curve, having a radius of 75.00 feet, a -central angle of 74.06023" and an arc distance of 97.01 the Point of Tangency; THENCE North 89•33'35" West, a distance of feet to the feet to the Point of Beginning of this description. IM Lxh1 t., ,; "t)" DESCRIPTION: (�- 90- a-2(Q �i ALL OF PARCEL B, SOUTHGATE GARDENS, AS RECORDED IN PLAT BOOK, 77, PAGE 27 OF THE PUBLIC RECORDS OF $ROWARD COUNTY, FLORIDA, SAVE AND EXCEPT THE FOLLOWING PORTIONS: A PORTION OF SAID PARCEL B, SOUTHGATE GARDENS, BEING MORE PARTI- CULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL B; SAID POINT HEREINAFTER TO BE KNOWN AS POINT "A"; THENCE N 00°12'16" W, ALONG THE WEST LINE OF SAID PARCEL B, A DISTANCE OF 274.74 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE SOUTH- EASTERLY; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90038'41" AND AN ARC DISTANCE OF 39.55 FEET TO THE POINT OF TANGENCY; THENCE S 89°33'35" E, ALONG THE NORTH LINE OF SAID PARCEL B, A DISTANCE OF 101.91 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE ALONG THE LAST DESCRIBED COURSE S 89°33'35" E. A DISTANCE OF 712.32 FEET; THENCE S 00926125" W, A DISTANCE OF 105.72 FEET; THENCE N 89°33'35" W, A DISTANCE OF 20.00 FEET TO A POINT ON THE ARC OF A CIRCULAR NON -TANGENT CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS N 80103-1135" W FROM THE LAST DESCRIBED POINT; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 102-17133" AND AN ARC DISTANCE OF 35.71 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY; THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 57.50 FEET, A CENTRAL ANGLE OF 76°31'16" AND AN ARC DISTANCE OF 76.79 FEET; THENCE N 89°33'35" W, ALONG A LINE NOT TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 110.03 FEET; THENCE S 00026'25" W, A DIS- TANCE OF 85.50 FEET; THENCE N 89°33'35" W, A DISTANCE .OF 272.00 FEET; THENCE N 00026125" E, A DISTANCE OF 85.50 FEET; THENCE N 89033'35" W, A DISTANCE OF 222.00 FEET; THENCE N 00026'25" E A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING. ALSO SAVE AND EXCEPT THE FOLLOWING PORTION: BEGINNING AT FORESAID POINT "A"; THE WEST LINE OF SAID PARCEL B, A A POINT OF CURVATURE, OF A CIRCULAR THENCE NORTHERLY AND EASTERLY ALONG A RADIUS OF 25.00 FEET, A CENTRAL A DISTANCE OF 39.55 FEET TO THE S 89033'35" E, A DISTANCE OF 101.91 A DISTANCE OF 64.49 FEET; THENCE S 175.54 FEET; THENCE S 00-26125" W, THENCE N 89033'35" W, A DISTANCE S 00*26125" W, A DISTANCE OF 42.50 ALONG THE SOUTH LINE OF SAID PARCEL TO THE POINT OF BEGINNING. N THENCE N 00012'16" W, ALONG DISTANCE OF 274.74 FEET TO CURVE CONCAVE SOUTHEASTERLY; THE ARC OF SAID CURVE, HAVING GLE OF 90°38'41" AND AN ARC POINT OF TANGENCY; THENCE FEET; THENCE S 00°26'25" 6:, 30046'00" E, A DISTANCE OF A DISTANCE OF 42.87 FEET; OF 16.46 FEET; THENCE. FEET; THENCE N 89°33'35" W, B, A DISTANCE OF 198.31 FEET SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; CONTAINING 8.827 ACRES MORE OR LESS. CERTIFICATE: WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER 21HH6-06(1), MINIMUM TECHNICAL STANDARDS FOR LAND SURVEY- ING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PRO- FESSIONAL REGULATION, BOARD OF LAND SURVEYORS, .IN SEPTEMBER, 1981, AND IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE A17D BELIEF. DATE: CRAVEN, THOMPSON & ASSOCIATES, INC. DENNIS M. BEALE REGISTERED LAND SURVEYOR NO. 3606 STATE OF FLORIDA 79-0034 SHEET I OF 2 ARCHITECTS - ENGINEERS PLANNERS • SURVEYORS 5901 N.W. 31 AVENUE , FORT LAUCERDALE I°LORICIA 33309 r 005% 971-7770 OFFICES: FORT L.AUDERDALE. WEST ►rLM BEACH NOTE T //� //`y)�/I /� V //'� //{� n•ii 03 � A;w(Te« Swav(1 on., • E•.r••t *".craw of me etter.N•N FFOR �1—\.+ V/ ► W� • V+ D/ 1� the.. werNw Th�rt %ft ...• he fore r••a - ...w•"� M Me $"Domel "pelf r.ww.w.•.r• ..• rw ifM •Itt�gw rIM IreHrayw me lefewm•/•.• tlWrw w••00. 0 SCALE: 1'- 2 oo' NOTE: 094R/N6S JrfewN B45'ED ON PLAT &AAA/A/65-. EALt[[tATED D/srANcES NORTH L/NL b N /YO,Q;r* L /NE AND V1•E ,s r "PARCEL 8 " L/NE of PAAlfL "B' E: STA9L/SEp TO 40APE47 SAT M/ss6G dSUAE, "A " SHEET Z of 2 3/tC4C,4 to aeCawl,&m, dOScr/Pflon DATED:.._ _ 2- 88 7 I I cAST c INE CANAL W �e S IXt M• r�'• E 0 n n� ~! ti R ev O� N ZOO� ,aa azz � _ W ---s0u TH L IA'F- "PAACf-L B" � V h � � M S O 4 � O b S 26'2i"W io-: a ti M �ht� Cat W tr, P m •srp' S AV, ]L 1!'r W 4 � h n •e N � z ; rVpo•x' t wr ti w W e - � O O C hti t � N• ti � hHr N. • O S� N a hl •E Poo No C, Z 5 3DS a 5A • P 8a 1 h w '�r ~ Nor I/vGLGpeO rr M A $Y4z is.30 Pratt �«•1 7f A /1I7,�d.. /V W. �c7.•/c. f ST / l/WES7" L•/NE M1,4RcEc g" J UPDATES and/or REVISIONS DATE BY CK'D ,NOTE The undersi7M►3 and GRAVEN •TFfOMd-''90N f3 ASSOCIATES, INC. Toles no representatiord or puorantet:s as to the lnforrrlotion rifiWed 10 m pertalming to eaeame+la,fight&-of-wo),Wbock liners,reeerrot%.,ogteerrkjR ondother umiiv motters, and further, thin instrurnent is not W r4d fe rsflee4 or set fam aii such plotters. Such information should be obtain" and confitnsd •by ofhmrs ftrvu0 oppropr. title vertificafort . NOTE Lands shown htrreon were not obstroeted for r4" - of-umT and /or easements of record, JOB NO, 7 J- Op,q DRAWN BY t•h..�{, i�r,.,_ CHECKED BY - J ✓" I f .e, PG. FILE NO. DESCRIPTION: ( 20.00 FOOT SANITARY SEWER EASEMENT) A PORTION OF PARCEL "B", SOUTHGATE GARDENS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 77, PAGE 27, OF THt PUBLIC RECORDS OF BROiARD COUNTY, FLORIDA, BEING MORE PARICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ' THE SOUTHWEST CORNER OF SAID PARCEL "B", THENCE SOUTH 89033'35" EAST, ALONG THE SOUTH LINE OF SAID PARCEL "B", A DISTANCE OF 198.31 FEET; THENCE NORTH 00026125" EAST, A DISTANCE OF 32.69 FEET; TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 00926'25" EAST, A DISTANCE OF 9.81 FEET; THENCE SOUTH 89033'35" EAST, A DISTANCE OF 16.46 FEET; THENCE NORTH 00026'25" EAST, A DISTANCE OF 10.19 FEET; THENCE SOUTH 89032'27" EAST, A DISTANCE OF 274.09 FEET; THENCE SOUTH 89017'32" EAST, A DISTANCE OF 199.42 FEET; THENCE SOUTH 89028'26" EAST, A DISTANCE OF 499.01 FEET; THENCE SOUTH 89041'39" EAST, A DISTANCE, OF 385.47 FEET; THENCE SOUTH 00018'21" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 89°41'39" WEST, A DISTANCE OF 385.51 FEET; THENCE NORTH 89°28'26" WEST, A DISTANCE OF 499.08 FEET; THENCE NORTH 89017'32" WEST, A DISTANCE OF 199.41 FEET; HHENCE NORTH 89°32'27" WEST, A DISTANCE OF 290.50 FEET, TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, AND CONTAINING 0.627 ACRES MORE OR LESS. CERTIFICATE: WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER 21HH-6.006(1), MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE, DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF LAND SURVEYORS, IN SEPTEMBER 1981, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. CRAVEN-THOMPSON & ASSOCIATE'S, INC. WILLIAM A. TRUEMAN REGISTERED LAND SURVEYOR 140• 335R STATE OF FLORIDA SHEET I OF 2 SHEETS COGO1 D27-SPH1 79-0034 DECEMBER 1, 1988 CRAVEN e THOp.'.� oJN & ASSOCIATES INC. ENGINEERS PLANNERS SURVEY )RS 5901 N.W. 31 AVEhAIE . FORT LAUOERDAL.E . FLORIDA 33309 - (305) 971-7770 OFFICES. FORT LAUDERDALE, qi'T PALM SEACM Il �D •� p� FOR 62d T4-1ly ,L iz SCALE :_/V Tye NOTE T►IIS IS tLY A SKETCH Or SuAVEr,p.l pnry a pppnt 660,0,90 N /np dowipiloo FUOwn %flops Theft %*1 be*% np 1V10 wo'k v'qw'.j al Me O.Opor phpp•ll , Or wORrinpi s *Or in CORROC/,ern wok M* pP*pprelipn of the rMIM/Uhpn *Kull &*POOR N �4 Z 0 °• a a � Z� 1� oo ' _ ; ,Bf.4.P/NG S .S/!�(�!/V ,y/�,�fD/V rQ.�E G�ir%`� c •� of1��A,PC�L R' rDl/T.S�G.4rEG.4.Pd�!s �' 72 DATED: UPDATES and/or REVISIONS DATE 6Y CK'D NOTE The unaers,gned and CRAVEN•THOMPSON B ASSOCIATES, INC moKe no revesenlotlons or guarantees as to the information reflected hereon perform; to casements, rights- of - way, set bocit Ilnes,reservohons ,agreemerfs and other similar matters, and further this instrument is not intended to reflect at set font• oil s act, matters Such information should be abtoined and confrmed by othrs throuCh appropriate title Vertification NOTE Lands shcwm hereon were not abstrocied for right - a! -..ay and / or easements of record JOB uq DRAWN ET �� .f// fr CHECKED 9Y : ':; "4% CGDE G��jr✓ / FILL NO n4...,..�.�. 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