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Home My WebLink AboutCity of Tamarac Resolution R-89-1481 2 3 4 672 30 33 34 35 Temp. Reso. #5440 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-89- l �4g A RESOLUTION ACCEPTING A PARTIAL SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS FOR THE ALL SAINTS LUTHERAN CHURCH; 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 All Saints Lutheran Church, Inc. for the All Saints Lutheran Church 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 immediately upon, adoption. ``�� /7 � PASSED, ADOPTED AND APPROVED this /Y- day of- , 1989. ATTEST: CA OL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD DOODY CITY ATTORNEY AA, A Ar /16 L NORMAN'IFRAM WITZ MAYOR RECORD Or wUNCIL VOTE MAYOR ABRAMOWITZ DISTRICT t: C/M ROHR & w.... DISTRICT 2:.,,C/IN BELZER p DISTRICT 3: C/,�, M tg?E.A DISTRICT 4: i:vrporate PARTIAL SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS TH 1 S 1 NDENTURE , made this 1 6 tt, day of _ _ray__________ , A. D. 19_89_, between -LUTHERAN BROTHHRHOODj_. MN AP�,�, QQRaQ.=jQN 625 Fourth Avenue South Minneapolis, Minnesota 55415 with its principal office in the county of Hennepin T__ and state of Minnesota , hereinafter called "GRMTO W anFUT of Tamarac, at 3$TT— Nortow`esr_ 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 ij hereby acknowledggd, 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"-1 & EXHIBIT "B"-2 The encumbrance now held by GRANTOR hereby partially subordinated to GRANTEE, is described as follows: Nature of From or Recorded Encumbrance Date Against In favor of Book Page FIRST MORTGAGE 5/13/88 ALL SAINTS LUTHERAN CHURCH LUTHERAN BROTHERHOOD MINNESOTA CORPORATION 15434 PG 642 •It is expressly understood and agreed that this Subordination of Encumbrance to Property Rights is given to allow GRANTEE, its successors and assigns, to locate, construct, improve, and/or maintain a portion of EXHIBIT'"B"-1 & EXHIBIT "B"-2 over; ti rougfi;-'upon, ana7oo across the —Herein-aescrT6-ea-Tanas,--se ng�a portion of the encumbered premises, that this instrument subordinates GRANTORS encumbrance only insofar as sa-id 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 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- e,,e8?44ff described lands are abandoned by GRANTEE and Cease to be used as afore- said, this subordination of encumbrance shall terminate as to the portion of said lands 30 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 Vice 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:_ )_ _Z i7eeK'C t1rn_QD.y;4_t7 Bett M. K ohok oleSe -�fr@f �" `T `y � c 13ce3�acnt Assistant Vice President Signed, scaled and delivered in the presence oj: Patricia A. Sieffen Linda M. Terry ACKNQWLEDGMENT STATE OF MINNESOTA COUNTY OF 1 HEREBY CERTIFY that on this 16th day of May , A.D. 1981, before me, an off icer duly aut4iorixed in` Vie State ;T Minne_ to and County of Hein nne�_rs to take acknowledgments, peo`n`alfo appeased .2hn D. Nystul ,,,,___ _ and BetM_ __ _KeohokalQTe , respect very vice lsresi`aerAt ndeTI _ _ ___LUTHERANB_R_OTHE_RHOOD TP sV s p k l ttsi��nt tFle�person3aCSCrlbea�in an3WFio eXCCUt�'"tiFie oregoing 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 comni ss ion expires: August 27, 1993 E 0-:M LINDA M. TERRY 11 NOTARY PUBLIC _ MINNESOTA �o'tt a r y u i c, n and r e RAMSEY COUNTY Count and State afore y sa d yCO"'MIaslon EXPIM5 Aug 27.1923 S/19/86 0 -2- R-sy- #9 q DESCRIPTION: (20 FOOT SANITARY SEWER EASEMENT) n • A portion of Parcel`A', A. S. LUTHERAN CHURCH, according to the plat thereof as recorded in Plat Book 128, Page 28, of the Public Records of Broward County, Florida, being a strip of land 20.00 feet in width, the centerline of said strip described as follows: COMMENCING at the Northwest corner of said Parcel `A'; thence South 00058'10" West along the West boundary of said Parcel `A' a distance of 10.00 feet to the POINT OF BEGINNING; thence South ego01'50" East along a line 10.00 feet South of and parallel with, as measured at right angles to the North boundary of said Parcel `A'; a distance of 30.00 feet; thence South 84033123" East a distance of 76.91 feet; thence South 89001'50" East along a line 16.00 feet South of and parallel with as measured at right angles to the north boundary of said Parcel. `A', a distance of 111.09 feet to a point hereinafter known as reference point A; thence continue South 89001'50" East along the last described course a distance of 282.23 feet to a point on the East boundary of said Parcel `A', said point also being the POINT OF TERMINUS. TOGETHER WITH: BEGINNING at said reference point A; thence South 00058'10" West a distance of 47.40 feet to the POINT OF TERMINUS. Said lands situate lying and being in the City of Tamarac, Broward County, Florida. Bearings described herein are referenced to the said plat of A. 5. LUTHERAN CHURCH. NOTES: 1. Reproductions of the Sketch are not valid unless sealed with an embossed surveyor's seal. 2. This is not a Sketch of Survey but only -A graphic depiction of the lands described hereon, and in no way reflects actual field measurements or location. CERTIFICATE: I hereby certify that this SKETCH AND LEGAL DESCRIPTION is true and correct to the best of my knowledge and belief and meets the Minimum Technical Standards for Land Surveying in the State of Florida as set forth in Chapter 21HH-6 of the FLORIDA ADMINISTRATIVE CODE. DARBY AND WAY, INC. Sheet 1 of 2 3/21/89 BF/se 89008.BF2 gegis y, Dcwglas. Davie tered Land Surveyor No. 4343 State of Florida w i fir. ' I�, U1'' !"",S 5r`,, 1 c) :TH AN EiY,�G5 D SLRVEYOi 'S ,a. a SKETCH TO ACCOMPANY 47)t fY/d/T I'k, l Z ' W 4 s la F,, DO 7Y. PpiZL1:4 ,A' o:r. I � 00119WICNw DESCRIPTION, e 0 d� N� 55' 15'UTILITY E'SMT, "ti I (P.b.126,PG•28;bG.C7.,-`�i 1 It`1Caf��S"� L e6MT \y 0 ,I° N z I 1j00°5610W wV�y qj rN U 47. 40' I �I �0.00, to' t0.00' Qo.6._...._ -051 Q-vJ- COQ. 17ACCEI- rpr A.S. wrueaM c4ugW W. btJDY. YAtZGtrL 'A' Yb. 28; &.f THE LANDS SHOWN HEREON WERE NOT ABSTRACTED, BY THE UNDERSIGNED, FOR RIGHTS -OF -WAY. EASEMENTS, RESERVATIONS AND OTHER SIMILIAR MATTERS OF RECORD. SUCH INFORMATION SHOULD BE OBTAINED AND VERIFIED BY OTHERS THROUGH APPROPRIATE TITLE VARIFICATION, THIS DRAWING IS THE PROPERTY OF DARBY and WAY, INC. AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR PART WITHOUT WRITTEN PERMISSION. (� arras/ }�f��j taala a.1/s fi'a�r °" g Q o 3 °1 � o 0 2 � v T " r 2°.78.00' 2OF2 a,>¢ COO, PROFESSIONAL: SURVEYING AND. ENOINEERING ar t t~ 1439 S. Pompano parkway, Pompano pch., FL 33MI.(905) 2764MB 3203 Lawton Road, Sulla 101, Orlando, FL 32609 • (a07) $144 1 01a- 60'oga t�►ntcaT� ual�-vr~I.ttc.t.�c.A¢ au.~Gh5 TIE [ Pry. IZg,, 83-09 5D DESCRIPTION: (15 FOOT WATERLINE EASEMENT) A portion of Parcel `A', A. S. LUTHERAN CHURCH according to the plat thereof as recorded in Plat Book 128, Page 28 of the Public Records of Broward County, Florida, beiong a strip of land 15.00 in width, the centerlines of said strip described as follows: COMMENCING at the Southeast corner of said Parcel `A'; thence North 89001150" West along the South boundary of said Parcel `A', a distance of 115.37 feet to the POINT OF BEGINNING; thence North 00058110" East a distance of 94.78 feet to a point hereinafter known as reference point A; thence continue North 00058'10" East a distance of 9.65 feet to a point hereinafter known a reference point B; thence continue North 00058'10" East a distance of 138.83 feet; thence North 44001'50" Went a distance of 5.11 feet to a point hereinafter known as reference point C; thence continue North 44001150" West a distance of 22.80 feet; thence North 89001150" West a distance of 245.63 feet; thence South 00058'10" West a distance of 247.68 feet to a point hereinafter known as reference point D; thence continue South 00o58110" West a distance 15.32 feet to a point on the South boundary of said Parcel `A', said point also being the POINT OF TERMINUS. TOGETHER WITH: BEGINNING at said reference point A; thence North 89001'50" West a distance of 29.45 feet to the POINT OF TERMINUS. TOGETHER WITH: BEGINNING at said reference point B; thence North 89001'50" West a distance of 28.94 feet to the POINT OF TERMINUS. TOGETHER WITH: BEGINNING at said reference point C; thence North 45058'10" East a distance of 13.07 feet to the POINT OF TERMINUS. 0 TOGETHER WITH: BEGINNING at said reference point D; thence North 89058'10" West a distance of 13.92 feet to the POINT OF TERMINUS. Said lands situate lying and being in the City of Tamarac. Broward County, Florida. Bearings described herein are referenced to the said plat of A.S. LUTHERAN CHURCH. NOTES: 1. Reproductions of the Sketch are not valid unless sealed with an embossed surveyor's seal. 2. This is not a Sketch of Survey but only a graphic depiction of the lands described hereon, and in no way reflects actual field measurements of location. CERTIFICATE: I hereby certify that this SKETCH AND LEGAL DESCRIPTION is true and correct to the best of my knowledge and belief and.meets the Minimum Technical Standards for Land Surveying in the State of Florida as set forth in Chapter 21HH-6 of the FLORIDA • ADMINISTRATIVE CODE. DARBY AND WAY, INC. Sheet 1 of 2 3/21/89 BF/as 89008.BF1 y�i oaglas M. avie red Land Surveyor No. 4343 State of Florida R-84-�98 f SKETCH TO ACCOMPANY Z e.0n10Y. QaaGr-L. q' 7 Coll cl7b,to"\I 2 DESCRIPTION, U aN aW� a. dN o s3 N t4 W � (...�.,. �,U—TILITY t=SMT. II 1 � EC�REsyt' M 4511,Wm"E M-07' C128/28) � 0 44°0l'r20''vj Nc&u'id'� fJ 001, 5b' l 0"E. NN DO° evl0 - tzlsF Qr. N r I r •' rrr r I -r. rr + Irv, v a SASE! QeF ter. A I Q.O.T I rrr r r r r r ♦ c> �l�vgo�,�im� yN �o V�•m• �I tzl:F VT' d 247. G8' .ev 000 eb" 10"'W n n �cfl �7 � lV 00° rv8' l0"F. w. 011AN. PAIZGe L ' A' THE LANDS SHOWN HEREON WERE NOT ABSTRACTED, BY THE UNDERSIGNED, FOR RIGHTS -OF -WAY, EASEMENTS, RESERVATIONS AND OTHER SIMILIAR MATTERS OF RECORD, SUCH INFORMATION SHOULD BE OBTAINED AND VERIFIED BY OTHERS THROUGH APPROPRIATE TITLE VARIFICATION. THIS DRAWING IS THE PROPERTY OF DARBY and WAY, INC. AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR PART WITHOUT WRITTEN PERMISSION. IT4 vvv am/ BAND PROFESSIONAL SURVEYING ENGINEERING 1439 S. Pompano Parkway, Pompano Boh., FL 33088 • (305) 975.8589 3203 Lawton Road. Sulto 101. Orlando, FL 32803 . (407) 8044=3 f-V6.00' 9 6 W d� O. z IL10(LATE5 00u vEUtGULa12 ACLe% LIME If t? b. 12$, P6. 2b; E5. G.17•) b3- 02 39 EXHIBIT "X R--'- 8 0 DESCRIPTION PARCEL "A" , A.S. LUTHERAN CHURCH , accord i ng to the, plat thereof as recorded .in Plat Book 128, Pogo 28 of the, Public Records of Broward County, Florida. Containing, 3.42 acres move or less. 49d lands situate, lying and being in Broward County, Florida. Subject to all easements, reservations and rights —of --way of record. 0