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Home My WebLink AboutCity of Tamarac Resolution R-91-074Temp. Reso. # 6027 47 1� CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--91- _ 7�(- A RESOLUTION APPROVING AND ACCEPTING A PARTIAL ENCUMBRANCE TO PROPERTY RIGHTS OFFERED BY BOCA BANK FOR THE AUTO CARE CENTER PHASE II PROJECT; AND PROVIDING AN EFFECTIVE -DATE. --- BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Partial Encumbrance to Property Rights offered by Boca Bank for the Auto Care Center Phase II project is hereby APPROVED AND ACCEPTED, a copy of said document being attached hereto as "Exhibit 1". SECTION -2 : directed to record Broward County. That the City Clerk is hereby authorized and said document in the public records of SECTION 3: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED thisc2/ day of ,1991. ATTEST: CARO A. EVANS CITY CLERK r 26 I HEREBY CERTIFY that I have 27 approved this Resolution as to form. 2E 29 C ALA . R F 30 CITY ATTORNEY 31 . MAY.-:, RECORD OF COUNCIL VOTE MAYOR ADRlITZ DISTRICT 1: C/M KATZ (24 DISTRICT 2: R IMA DISTRICT 3: O/`JV GLA SSER DISTRICT 4: V/M BEND . fl 'corporate PARTIAL SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS PRCa?DCT ; 4(lT0 C 4lr'C �fl,¢ S C 1Z" THIS INDENTURE, made this A5day of -G A.D. 19 ' � , between Boca Bank NAe �- with its principal office in the county of Palm Beach 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 010.00) 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: The propertYdescribed on Exhibit "B" attached hereto. The encumbrance ordinated to GRANTEE, now held by GRANTOR hereby partially sub- is described as follows: Nature of ---------------From Encumbrance Date -------- or Against - -------`---______-_-_-_- In Favor Recorded ----------------------------------------------------------------- of Book Page First Mortgage 12/28/90 Prospect Commercial Boca Bank ORB 18068 Inc_. PC 0627 Conditional. Assign. of Rents & Leases 12/28/90 Boca Bank ORB 18068 PC 0644 UCC-1 State 1/22/91 " " " Boca Bank File #91 0000016156 UCC-1 County 1/29/91 Boca Bank ORB 18100 PC 0658 ,w L� C� 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 the-PLQPcrtx-described-gu-Exhibit--'A"-attached hereto _ over, through, upon, and/or across the herein described lands,w 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) t Attest: , Z - l�-2-�--- By- v .�t President Richard J. Abersdn, Asst. Vice President Cyrus M. Norman, Vice President Signed, sealed and delivered in the presence of: Don M�1) ,L Mar ret C. raham �a ACKNOWLEDGMENT STATE OF COUNTY OF h I HEREBY CERTIFY that on this 11 day of March A.D. 19� , before me, an officer duly authors. ed in the State of lorida , and County of Palm Bead -, , to take acknowledgments, personally appeared s _ Norman Jr. and Richard A 'son respectively,Prosident and.As8-t. .V.P. of Bank Vice 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: N�otaty p;�iit, State of Florida �.)' ComrT�s;ien E :rirP, Oct. 1, 1m k,d.d Ti.0 TrvY Fain - insurance Iny yl .,2;::�C� e Notar and for the Countyjublic nd Statel Aforesaid Margaret C. Graham y PARTIAL.SUBORD. 6/9/89 11 - 3- • CITY -OF'� _ ArRRoR-r• AND AIR PARK COMMIER4(AL • 61rL Q • . F.7 YAM ARAC r 'R O. lot vs LA K y "404AV ON S�ET`Cf{ DAVIS ASSOCIATES,f INC. Consulting Civil and Envilonn►rnhd Engineas ' Land 51nntwis • Lind Dtvtlopmad Co►isullanl> • I'Luu:rr) 665 S.F. 101h STREET - SUITE 202 - DEERFIELD BEACH, FL 33441 phone: (305) 698-9101 Joe 040. 13c,1 9n DAT[DAAONN 0Yr 1 F.E ./PG. NEST i o I EXHIBIT "B" z) 5 WEs`(• C,0M"Ecc_1L'L' EU4D , ' i' mMt. w•uc - v f f -f .Y W ' 144094 6�3. 141+0 YrM H �, L 1 LAALYN ---.�w NO-1 N C!`LaOE� .wr 1• t i weans rlw 1 rw. low 11" . .V.: w,e� p wirvcw+►+ �iG�yys r r--ff D 111M �I� It a RM li SKETCH FOR .UTILITY EASEMENT N ►J•TS. IjLDAVIS ASSOCIATES, INC. Cousulling Ciuil and Enuiminin llll Enginccrs ' Land 5loilcyols - buid Darlolnnrnl Consul) n is . Planned 665 S.C. loth STREET - SUITE 202 - DEERFIELD BEACH, FL 33441 Phone: (305) 698-9101 [X* 140. 131A 1 R 0 1 Rat[ 3 10 19 1 PRAWN aY-_ t.A./oc. W �_ _�,�-�_ I_o � 2 141+0 YrM H �, L 1 LAALYN ---.�w NO-1 N C!`LaOE� .wr 1• t i weans rlw 1 rw. low 11" . .V.: w,e� p wirvcw+►+ �iG�yys r r--ff D 111M �I� It a RM li SKETCH FOR .UTILITY EASEMENT N ►J•TS. IjLDAVIS ASSOCIATES, INC. Cousulling Ciuil and Enuiminin llll Enginccrs ' Land 5loilcyols - buid Darlolnnrnl Consul) n is . Planned 665 S.C. loth STREET - SUITE 202 - DEERFIELD BEACH, FL 33441 Phone: (305) 698-9101 [X* 140. 131A 1 R 0 1 Rat[ 3 10 19 1 PRAWN aY-_ t.A./oc. W �_ _�,�-�_ I_o � 2 r--ff D 111M �I� It a RM li SKETCH FOR .UTILITY EASEMENT N ►J•TS. IjLDAVIS ASSOCIATES, INC. Cousulling Ciuil and Enuiminin llll Enginccrs ' Land 5loilcyols - buid Darlolnnrnl Consul) n is . Planned 665 S.C. loth STREET - SUITE 202 - DEERFIELD BEACH, FL 33441 Phone: (305) 698-9101 [X* 140. 131A 1 R 0 1 Rat[ 3 10 19 1 PRAWN aY-_ t.A./oc. W �_ _�,�-�_ I_o � 2 F� EXHIBIT "B" Cont. DESCRIPTION UTILITY EASEMENT: An easement of Public Utilites 5 feet in width, lying in a portion of Parcel "S", TAMARAC LAKES SOUTH, as recorded in Plat Book 62, Page 24, of the Public Records of Broward County, Florida, and in a portion of the,NWI/4 of the SE1/4 of Section 17, Township 49 South, Range 42 East, Broward County, Florida, described as follows: BEGINNING at a point on the North line of said Parcel "S", TAMARAC LAKES SOUTH, said point being located 217.63 feet East of the Northwest corner of said Parcel "S"; thence N89027'17"E along the South Right -of -Way line of Commercial Boulevard 149.89 feet; thence S45026151"E, 35.45 feet; thence S00017151"E along the West Right -of -Way line of Prospect Raod, 149.89 feet; thnce S89027'17"W, 5.00 feet; thence N00017'51"W, parallel with the West Right -of -Way line of Prospect Road, 147.81 feet; thence N45026'51"W, 31.29 feet; thence S89027'17"W, parallel with the South Right -of -Way line of Commercial Boulevard, 147.81 feet;.thence NOOo- 17'51"W, 5.00 feet to the POINT OF BEGINNING. Date: M A-mCA $ 19'9 1 / R. Davis P.L.S. #978 State of'Florida. DAVIS ASSOCIATES, INC. Consulting Civil aid Envi►onninilid Engiiurrs -taunt Sruvey(lis - bind Drvdopmad Cmns►Jlanti - Planner) 665 S.C. 10th STREET - SUITE 202 - DEERFIELD DFACIL FI. 33441 Phone: (305) 698-9101 11--06_NO_ 13& t V0 pAT[I-.1----j . BYi -- -A F.t3./pCi. ---- -- �� ET_-Z S( e - 9 1 - �q It z M H= M I . 1 � �?I� 471A1Tr I � AYYddAAJJ � -a b7L IZ7K't1 sxz t, I ',� �11-, m Fl�' r 1 1 i a 4 �44 W h z FL Ar