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HomeMy WebLinkAboutCity of Tamarac Resolution R-91-054I1 9 Temp. Reso. # 6013 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-91 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PARTIAL SUBOR- DINATION OF ENCUMBRANCE TO PROPERTY RIGHTS OFFERED BY FLAGLER FEDERAL SAVINGS AND LOAN ASSOCIATION FOR THE MISSION LAKES (CORAL CREEK) PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION- 1: That the appropriate City officials are hereby authorized to execute a Partial Subordination of Encum- brance to Property Rights offered by Flagler Federal. Savings and Loan Association for the Mission Lakes (Coral Creek) project, 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 immediately upon adoption. PASSED, ADOPTED AND APPROVED this -�7 day of ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. ALAN . RUF CITY ATTORNEY Record of Council Action Mayor Abramowitz District 1 C/.M Irving Katz District 2 C/M Schumanii District 3 C/W Glasser District 4 V/M Bender 0 L`J Corporate a] PARTIAL SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS PRAT -- Mission Lakes THIS INDENTURE, made this gf: day of _041A , A.D. 19 89 between OF MIAMI with its principal office in the county of and state of FLQRIQA 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 'GRANTER." NITNESSETH: That GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt of which is hereby acknowledged, hereby subordinates the encumbrance specified below and held by GRANTOR to the property rights acquired or to be acquired by GRANTER in that portion of the encumbered lands hereinafter described only and for no other portion, to wits SEE EXHIBIT A ANNEXED HERETO. The encumbrance now held by GRANTOR hereby partially sub-' ordinated to GRANTEE, -is described as followas ------------------------- - ----- ---- ----------------- Nature of From or, In Favor Recorded' Encumbrancey Date Against of Book Page ---....-- ------------------------------------- ..-ram..-- ....-..,►.. r MORTGAGE 4-•18-88 ICON DEVELOPMENT FLAGLER FEDERAL BOOK 15381 encumberina CORPORATION SAVINGS AND • PAGE 457 the land as LOAN ASSOCIATION BROWARD COUNTY more particularly OF MIAMI. described in Exhibit B annexed hereto. It is expressly understood and agreed that this Subordina- tion of Encumbrance to Property Rights is given to allow GRANTEE, its successors and assigns, to locate, construct, im- prove, and/or maintain a portion of _ _ 59d LTARY-'W'-EWME"L AS_[IESCBLBF.i1Id _EXIUB LL k AEI iUED..y,EJ 10 -_ _ _ _ _ over, through, upon, and/or &croon the herein described lands, being a portion of the encumbered premises, that this instrument subordinates GRANTORS encumbrance only insofar as said encum- brance affects the rights and privileges of GRANTEE in GRANTEEIS uses of the lands above -described, and that nothing herein con- tained shall in any way affect, alter, impair, minimise, or diminish the effect of said encumbrance or the remedies at law or in equity for recovering against the parties charged by said encumbrance the full amount of all sums secured by and/or due under same. It i$ 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 to be signed in its name by its President, attested by itsesents Secretary, and has caused its corporate seal to be hereto affixed the day and year first above written. (Corporate Seal) Attest: ary D. Keith Signed, sealed and dA1 4.,_w..d FLAGLER FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI S � Sr ce President John G. Primeau Lourdes C.onsuelo James L. Mack - 2_ 11 0 ZA ACKNOWLEDGMENT •+�/ Is STATE OF El OR COUNTY OF DADE.. I HEREBY CERTIFY that on this day of A.D. 19 89 , before me, an officer --duly authorized the State of-1.�ida_.�___�_. , and' County of Dade take acknowledgments, personally appeared * to and .11ice President A4aW respec ivel ##pp 44ii INOLSecre ary of �T II�G5 AND LOAN ASSDC1ArnUNd8P�1 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 ie�liz,,t and deed of said corporation. ( SEAS)*: pTA /?')- ca W �"PA AV B LAC' My Commission Expires: t. �,ORIDP��`\\`, '11$1111111110 MY COMMISSION A EXPIRES 10-19-90 PARTIAL.SUBORD. b/9/89 - 3_ f Public in and for the and State Aforesaid .I, r EXHIBIT "All kt e' q/- J � y L 11 DESCRIPTION: ( 20.00 FOOT SANITARY SEWER EASEMENT) �7 A PORTION OF PARCEL "B", SOUTHGATE GARDENS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 77, PAGE 27, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER SOUTH 89033'35" EAST, ALONG THE SOUTH OF 198.31 FEET; THENCE NORTH 00*26'25" THE POINT OF BEGINNING OF THIS NORTH 00026'25" EAST, A DISTANCE SOUTH 89033'35" EAST, A DISTANCE NORTH 00026125" EAST, A DISTANCE SOUTH 89032'27" EAST, A DISTANCE SOUTH 89017'32" EAST, A DISTANCE SOUTH 89028'26" EAST, A DISTANCE SOUTH 89941'39" EAST, A DISTANCE SOUTH 00018*21" WEST, A DISTANCE NORTH 89°41'39" WEST, A DISTANCE NORTH 89028'26" WEST, A DISTANCE NORTH 89°17'32" WEST, A DISTANCE NORTH 89032'27" WEST, A DISTANCE 0 BEGINNING. OF SAID PARCEL "B", THENCE LINE OF SAID PARCEL "B", A DISTANCE EAST, A DISTANCE OF 32.69 FEET; TO DESCRIPTION; THENCE CONTINUE OF 9.81 FEET; THENCE OF 16.46 FEET; THENCE OF 10.19 FEET; THENCE F 274.09 FEET; THENCE OF 199.42 FEET; THENCE F 499.01 FEET; THENCE OF 385.47 FEET; THENCE OF 20.00 FEET; THENCE OF 385.51 FEET; THENCE F 499.08 FEET; THENCE OF 199.41 FEET; THENCE 290.50 FEET, TO THE POINT OF 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. SHEET 1 OF 2 SHEETS COGO1 D27-SPH1 79-0034 DECEMBER 1, 1988 CRAVEN-THOMPSON 6 ASSOCIATES, INC. THIS SKETCH IS NOT VALID UNLESS IT B _ewg RIGINAL SIG I�TU D D S IR VV S� _ WILLIAM A. TRUEMAN REGISTERED LAND SURVEYOR NO. 3358 STATE OF FLORIDA CRAVEN e THOMPSON & ASSOCIATES INC. . ENGINEERS - PLANNERS SURVEYORS `` R_?I "5�I` rt 5901 N.W. 31 AVENUE . FORT LAUDERDALE . FLORIDA 33309 1 (305) 971-7770 OFFICES FORT LAUDERDALE, WEST PALM eEACM FOR - 3 r r 0 IZ SCALE: N fI _ ._ `v NOTE THIS IS tLT A SKETCH DF SUI1vEr,rkf only o f,oPh•t OOPI0101% Of the Oosergtlon shown hereon 711dre het been no field work , r16w1n0 of I%O 0-0000 ProPorty , or 0000M61e6 set in eawoellon welt the Pre Porehon of the Information shore %*#OOn �r O. 1' ti • h Z b 4 �V o: ti o Aj a lD.l70.r t t"J T h �o ti 0 o o 0 $ Q lrJEST 110/ F 1p,0.�fL 8 " C UPDATES and/or REVISION$ DATE BY CK'D JOfa NO. '79/,Ja, 4 DRAWN BY f,�t CM 0 o,,y �A,eCZZ 6 r ",*Zg; ors GAez::�e0'r -S 77 r� NQTE The unaersigned and CRAVEN 'T'fOMPSON & ASSOCIATES, INC. make no representation Or quarontees as to the information reflected hereon pwtairwng 10 ease„ants , right s- Of -way, set Dock fines , reservations , apreemMs and ather simoor matters, and furtrw, this instrument is not nt"ad to refleCt or set farm ail such matters Such information should De obtained and confirmed by Others through appropriate title vertiflcation NOTg Lands sham hereon were not abstracted for right - of - way and/or easements of record momommma ,CKED BY , % + CODE GQ&c? / FILE NO 0 0 EXHIBIT "B" MAkiRMARIM PHASES III, IV, V, VI, VII a'nd VIII' of MISSION LAKES, a according to the Declaration of Condominium thereof, Official Records Book 9106, Page 5490 of the Public Brovard County, Florida, as amended. AND PHASE IX9 which is described as follows; Condominium, recorded in Records of A portion of Parcel B, SOUTHGATE GARDENS, as recorded in Plat Book 77, Page 27. of the Public Records of Broward County,' Florida, being more particularly described as follows; COMMENCING at the Southwest corner of said Parcel B; THENCE South 890 33135" East, along the South line of said 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 distance of 27.50 feet; THENCE North 89'33035" West, a distance of 12.00 feet; THENCE North 00.26125" East a distance of 81.25 feet; THENCE North 82*44101" West, a distance of 69.44 feet; THENCE North 00.26125" East, a distance of 85.50 feet; THENCE South 89033135" 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 64040108" 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 76.31016" and an arc distance of 76.79 feet to a Point of Reverse Curvature of a circular curve concave -Southwesterly; THENCE Northeasterly and Southerly along the arc of said curve having a radius of 20.00 feet, a central angle of 102.17133" and an arc distana'e of.35.71 feet; THENCE South 89°33'35" East, along a` line not tangent to the last described curve, a distance of 20.00 feet; THENCE South 00.26125" West, a distance of 26.78 feet to a Point of Curvature of a circular curve concave Northeasterly; THENCE Southeasterly along the are of said curve, having a radius of 125.00 feet a central angle of 34.21'16" and an are distance of 74.95 feet to �a point on the are of a circular non -radial curve whose radius point bears North 73.39158" West, from the last described point; THENCE Southwesterly and Westerly along the arc of said curve, having a radius of 75.00 feet, Lintangle of •74•06'23" and an arc distance of 97.01 feat to the Point of Tangency; THENCE North 89*33'35" Nest, a distance of 87.04 feet to the Point of Beginning of this description. .R w M)5510N LAKE.s C-14 CANAL VETERENI5 PARK IF" a v— 1 �Il�l�i�111�4'� ,If 'I CT 'TR 74a7 (108-39) 11 123-18) II o 11 �p 1 LLkw- �`,, I 89 39 , ` 3 - �� HARK 1 F. — aic. �. !uNiY. 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