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HomeMy WebLinkAboutCity of Tamarac Resolution R-87-260Introduced lay CIiU%01 - Temp. Reso.#4717 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-87- �?(a0 A RESOLUTION APPROVING AND ACCEPTING A PARTIAL SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS OFFERED BY CAPITAL BANK CONCERNING REGINA DEVELOPMENT CORPORA- TIO AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: UMQN 1 That the Partial Subordination of Encum- brance to Property Rights offered by Capital Bank concerning Regina Development Corporation, 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. S-ECTI N 3 This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this fvZ-6k,day of 1987. RNARD HART, MAYOR ATTEST:. �g - CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 1 L GAT ... BRY� E CITY A"ORN MAYOR: HART DIST. 1: C/M ROHR DIST. 2: C/M STELZER DIST. 3: C/M HOFFMAN DIST, 4: V/M STEIN -Cor-porate `` Frs o. 87- -60 „ . PARTIAL SUBORDINATION OF ENCUMBRANCE_ TO PROPERTY RIGHTS THIS INDENTURE, made this _ 17th day of _June_ A.D. 19_87_, between CAPITAL BANK 166fi_KLNNEAY CAUSEWAX,,_NORTH_BAY_VILLAGE_FL,,,,,_33129`______�__, with its principal.office in the county of DADE and state of E QgIQA___ , hereinafter called "GRMTOR-7—i` UTit y oT Tamarac, at 5k11 Nor_ R;;i — 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 ($10.00) and other valuable considerations, receipt of which is hereby acknowledged, hereby subordinates the encumbrance specified below and held by GRANTOR to the property rights acquired or to be acquired by GRANTEE in that portion of the encumbered lands hereinafter described only and for no other portion, to wit: EXHIBIT "A" ATTACHED HERETO The encumbrance now held by GRANTOR hereby partially subordinated to GRANTEE, is described as follows: ----------------------------------------------------- Nature of From or Recorded Encumbrance Date Against In favor of Book Page ------------------------------------------------------------------ SECOND MORTGAGE 7/24/86 REGINA REVEL. CAPITAL CORP. OR Book 1359$ BANK Page 626, Broward County, F1ori. 4 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 "A" ATTACHED HERETO ovcc; tl-ieou`gfi;"upon, `ana7'or�accoss�wtFie�l'iecein-aesc`ci6ea-Tanas,--Geing'a` portion of the encumbered premises, that this instrument subordinates GRANTOR'S 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 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 undcr-stood and agreed that in the event said above- ,r Kt�aV p 1- r- described lands are abandoned by GRANTEE and cterminaease to be used he oru;on and the encumbrance •_ said, this subordination of encunorlongcrhsolusedm�nate as to a this of said lands so abandoned and shall b e reinstated and be effective as to such portion as though subordination had never been made. d these presents to be signed 1N WITNESS WHEREOF, GRANTOR has cause its Secretary, and has in its name by its President, attested by ear first caused its corporate seal to be hereto affixed the day and y above written. [Corporate Seal] Attes - Layt ""g Vice resident/7Cashier Signed, sealed and delivered in the presen f: ANNE-P- V_!� - ---- JOANNE M. HERRERA CAplTAL gAW,, a Florida banking corporation 49 _� r T va3�T: -onv .V. ge n t ACKtQVVLEDME STATE OF 'LpRID----_—_--_------ CDUNTY OF DARE ..__..._--.- o n- this i s 22nd day of _ ime I HEREBY CERTIFY thatersonaT - A.D. 19h7, before me, an officer duly auTl-iorixed in-tfie Mate o Dade to take acknowledgments to pe s T6 -and County Of ____^Y�T- and _ _ - - a p eared David H-_-----_ - -- - 3r-" �c'�--� c e s T a e n t and- _- - Tweve w __,-respectiveTy to me known to be ~� who exe t e regoing instrument, and t per - h- o be their free act and deed as such d acknowledged the execution thereo t and on officers and that the affixed theretoempoweredfitoaldossolbyof said corporation were properly p corporation and that t eY p behalf of said corporation and that the foregoing instrument is the act and deed of said corporation. [SEAL] My commission expires: � , �"pu6T i c �r, n-anarTor flotary County and State aforesaid 5/19/86 NOTARY PUBLIC, STATE OF FLORIDA AT LARGE PAY CO."AfAISSION EXPIFES MAY 12, 1990 BONDED THROUGH MUROSKI-ASHTON, INC. -2- edo " jQ SEC TO—C .. -JI-,- PCT. W in .t e rx.: L41 •MGNAB 1RoAD.. • p��¢aB7�f9! 'N As. q •►ao.BELIE jT.,,4 0 0 o !00 V ' boo a 6 O Oft;, i4- 'a rmiT Q BAM5T COUQCH OF P01APAf41O uN1VE4�1TY SHOPPes 8D-6 j K.w�64 ST, PARCEL A 91 10-0l -o l 3 o>t so %F& .o8.3 3122 99 A'VW 5. Ste` F4o 23� a. !REGINA DEVELOPMENT ENT CORP. 1401 Brickell Avenue Miami, Florida 33131 LEGAL DESCRIPTION of a 40' R1gh1-oF-1,4yEasemen t lying adjacent to and parallel to the East Right -Of -Way line of University Drive in SM 10,1cMNSAIP49 South, Range 41 East more particularly -described as follows: A portion of Tract 4, of FORT LAUDEIMALE TRUCK FAIDAS SUBDIVISION, Section 10, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, being more particularly described as follows: CY)WENCING at the Northwest corner of said Section 10; thence South 00 00'56" East, along the West line of said Section 10 a distance of 913.01 feet; thence South 89° 02'49" East, parallel with the Northl line of said Section 10, a distance of 60.01 feet to the POINT OF BEGINNING of this description being; the 40:0 feet east of a line South 00 00,56" East a distance of 100 feet'to the POINT Of TERMINUS. Said lands containing 0.0918 acre. 2 0V- .t.■,,. v ""• I .�I � �1 rCy""'�1 1 Le iQ L51 - k" 0. ir MCt4^95 RWA Cr P.O.0 N n��aB7-d7i ie 9'•n�•eryi.�e� 1Y 7 7� l(Ve 5� • 7r �� C) I/Jca: iC •• mod` 2° .a e5EL.LE 0 f:, I 25T Q EkAPT15T �00 v C44UC4F1 OF J $- PCA%PA(40 8Ao u .e . "ff - pC.1. hoc a o° Uj O°• v '� o ' a 4 L•1 v1Vktt,51'r1( rQ A S tic Pet_] N.w. e4 5•r. za0 t} g4 0 A NM' E3: REGINA DEVELOPMENT CORP. 91t0 01�0114 1401 HrFloridaA33131 PARCEL B 91 10-01-•014 ... 3122 . --99. Miami, v- wV-0-wck asement lying.. adjacent to and LEGAL DESCIt 1 PT I ON o f a 47 '� c'1E in r,rallcl to the East Right-OfclVay l inear��cularlyUn cdescrDibive as SEC j0. TOh Mjr 49 South, Range 41 Eas P follolvs: A portion of Tract 4, of FORT Ravel 41LEaslt,CasFAcelcordcd131 inSP�at Section 10, Township 49 South, g 13ook 4, page 31 of the PublcRecords of coward County, Florida, h�iw, more particularly described owI ,IENCING at the Northwest �•cor er of said Section 10; tlhcnce South 0U l)0'S6" East, alon•• the ��c.s parallel with the of 1013.01 feet; thence South 89 02,49" East, p North line of said Section 10, a distance of 53.01 Ofeet tO fset Eastof IOVNIT OF 13EGINNING of this dcscri'ption being; the 47. a line South 00 00'5G" East a distance of 100 feet to the Pe�InT Of T1_1t\11NJ5. Said lands containing; 0.1079 acre. 311 Sii.G�� P. 0.G!`1 N C) H CY 2 no -41 /AdN .13 RGAD vI•¢aB7-sit h q - o .�• 0 • Q �&10 1 �.�... goo-'----� N00BELLE I'�"' ERRS•: FIRyT Q V, -40 BAPTIST �oo cAllnekl At: a J �— po:�vrrdo Boo u •o d o • w � Soo 0. .o 17 C b P.(►� �v too, ROT• ... 4 W a � :y a uq%V� 1Ty� WN 7 • 5HC.PPL-3 8p.re t N.w. 64 5T. �1E-H•�PrIT "A'4 Gef' Q :1H-J 0 i' k e 0 ESv.87-,;z &0 23� s• 'VW REGINA bEVELOPMENT CORP. PARCEL C 9110-01-015 9110 os ots 3322 99 1401 Brickell Avenue Miami, Florida 33131 LEGAL DESCRIPTION of a 471t<-kt-*�-WIIJEasement lying adjacent to and parallel to the East Right -Of -Way line of University Drive in SEC. J0,'MWNGH1P49 South, Range 41 East more particularly described as follows: A portion of Tract 4, of FORT LAUDEMALE TRUCK FAIMS SUBDIVISION, Sectio►t 10, Township 49 South, Range 41 East, as recorded in Plat (look 4, Pagc 31 of the Public Records of Broward County, Florida, being snore particularly described as follows: CtnAtENCING at the Northwest corner of said Section 10; thence South 00 00'56" East, along the West line of said Section 10, a distance of 1.113.01 feet; thence South 89 02149" East, parallel with the North line of said Section 10, a distance of 53.01 feet to the POINT OF BEGINNING of this description being; the 47.0 feet East of a lint South 00 00,56" East a distance of 100 feet to the POINT Of TEIWINUS. Said lands containing 0.1079 acre. .......... — J V 4 .jj I\lU\ p0.3• E W1 i �06Et�LE tir ERU-: FIR5T D -40 BAPT01' '1loo e44U i,J OF N 7.A PPES o. G4 ST.. PARCEL D 91 10-01-016 Z31 REGINA DEVELOPMENT CORP. 9110 us o09 1401 Brickeli ftvz"u- 3122 Miami, Florida 33131 0 �►�t_ �a�Easernent lying. adjacent to and LEGAL DESCRIPTION of a 47 �� �� larl described as parallel to the East Right-Of-W2 line articularlyity Drive in SEC . - East 49 South, Range 41 East more p follows: 'on of Tract 4, of FORT LAIfiERDALEasI��`asF�c�ocdBdlYnSplaL A portion Florida', section IU, Township 49 South, Range 41 E r ll��ok 4, page 31 of the Pubdic easrds of followsroward County, being more particularly describethence South art,1r:,NC1NG at the Northwest corner of said Section 10;• a distance Uq UO'i6" Cast, along the Wcst line of said Sectpaca�lel with the of 1213�.01 feet; thence South 89 02'49" East, c feet; said Section 10, a distance of 53.01 feet to the North Irn the 47.0 feet East of C'C)ItiT OF BEGINNING of this description bof a line South OQ 00'S6" Cast a distance of 100 feet to the POINT Of TI"lt`.11N S. Said lands containing 0.1079 acre. 5r-C- P. 0•C L* e..LL; r"V7111 � +41 McNAB IZOAD, Pt•¢e87-&VI M y 9••0,q•Ie9►•!0d : 004 o, W V t. r�•.•A o0 >• vl Z� 9Il-4ROE� lzgr Q . ?4, a BAPTIST �p0 o C+iZ� UI.'LFI QF 7co v .o • d e . gcc a �o 0 too' g UA 00 A7►E � p D, ac Ro•T c • $ A umlve:t,S�tY SKCP7L:> PARCEL E 91 10-01-026 9110 01 oza 3 122 9S► V—* T l` ��sd. �'��e��0 ►1 w.� 1 c i .evw as; 5 Poo #0,,,,, 4� REGINA DEVELOPMENT CORP. 1401 Brickell Avenue Miami, Florida 33131 LEGAL DESCRIPTION of a 47,F-wilt-o4-wLIEasement lying adjacent to and Parallel to the East Right -Of -Way line of University Drive in sm tp,16"41P49 South, Range 41 East more particularly described as follows: A portion of Tract 5, of FORT LAUDERUALE TRUCK FARMS SUBDIVISION, Sccticon 10, Township 19 South, Range 41 East, as recorded in Nat Boot •I, Page 31 of the Public Records of Broward County, Florida, hcing more particularly described as follows: (I)NtIENCING at the Northwest corner of said Section 10; thence South 00 00,56" East, along the West line of said. Section 10, a distance of 1313.01 feet; thence South 89 02,49" East, parallel with the North,'line of said Section 10, a distance of 53.01 feet to the POINT OF BEGINNING of this description being; the 47.6 feet East of a line South 00 00,56" East a distance of 100 feet to the POINT Of TERMINUS. Said lands containing 0.1079 acre. J•1L1 VARCEL F 9110-01-02 l 'V, .0 �ltY 119, �6f:. eo ` u�i h NW REGINA DEVELOPMENT CORP. 9110,01.027• 1401 Brickell Avenue 3122 99 Miami, Florida 33131 LEGAL DESCRIPTION of a 471T-tikt-01•w4-`�Easetnent lying adjacent to and' D1 aTW45Nt 49Sorallcl uth, the outh, Range E41'UEast ymoreneparticularly of �described as � , P follows: A portion of Tract 5, of FORT LAUI)EIWALE TRUCK FAIMS SUBU I V I S I UV , Section 10, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, being snore particularly described as follows: 0r,tIENCING at the Northwest coOner of said Section 10; thence South 0U 00,56" East, along the Nest [tine of said Section 10, a distance of 1413.01 feet; thence South 89 02,49" East, parallel with the North line of said Section 10, a distance of 53.01 feet to the ImINT OF BEGINNING of this description being; the 47.0 feet East of a line South 00 00,56" East a distance of 100 feet to the POINT. Of TERMINUS. Said lands containing 0.1079 acre.