HomeMy WebLinkAboutCity of Tamarac Resolution R-87-298I
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Temp. Reso.#4779
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-87-g:�9�?'
A RESOLUTION APPROVING AND ACCEPTING A
PARTIAL SUBORDINATION OF ENCUMBRANCE TO
PROPERTY RIGHTS OFFERED BY TOTALBANK FOR
THE 201 NORTHWEST FORCE MAIN PROJECT
86--5; AND PROVIDING AN EFFECTIVE DATE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That Partial Subordination of Encumbrance to
property rights offered by Totalbank for the 201 Northwest
Force Main Project 86-5 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 upon
adoption. '1
PASSED, ADOPTED AND APPROVED this /ay of ,
1987.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
RICHARD M. REDNOR
ACTING CITY ATTORNEY
MA 0
BERNARD HART
MAYOR:HART
DIST. 1: C/M ROHR
DIST. 2: C/M STELZER
DIST, 3: C/M HOFFMAN
DIST. 4: V/M STEIN 94 Iron
4*4:;,:t► r Sao r a t e
r] L
PARTIAL SUBORDINATION OF
ENCUMBRANCE TO PROPERTY RIGHTS
THIS INDENTURE, made this day of , A.D.
between—TotalBank,_a�Florida Yanking Corpora ion __
2720 Coral Way, Miamit__Florida_ 33145_
with its principal office in the county of Dade and state
of Florida , hereinafter called ,GRANTORTff— na-City oT Tamarac,
at 3$TT _
NortF;i_S $$th 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 acknowledgge�d��,� 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:
Tamarac Utilities West Water & Sewer Utility easement granted by Oregon
Developers Inc. as recorded in Broward County O.R. 14008 page 272
(Exhibit "A" attached)
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
Mortgage Deed Feb 28, 1986 Oregon Dev. TotalBank 13247, pg 1
Inc.
Financing Mar 13, 1986 Oregon Dev. TotalBank 13247, pg 15
Statement Inc.
It is expressly understood and agreed that this Subordination of
49 Encumbrance to Property Rights is given to allow GRANTEE, its :uccesaors
and assigns, to locate, construct, improve, and/or maintain a portion of
Tamarac Utilities West Water & Sewer Utilities
ove , tFirougFiI upon, ana%T-'accos`s t`Fie`fiere n`aesccT�a-Tanas,"6cin� 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 understood and agreed that in the event said above-
h _i
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Described lands are abandoned by GRANTEE and cease to be use
said, this subordination of encumbrance shall terminate as tC t
f said lands so abandoned and no longer so used, and the e
hall be reinstated and be effective as to such portion as th
ubordination had never been made.
IN WITNESS WHEREOF, GRANTOR has caused these presents
n its name by its President, attested by its Secret
:aused its corporate seal to be hereto affixed the day an
above written.
[Corporate Seal]
t
,LS' 0W -r v � _p �' i -k � _C, r--
Sonia C. Martinez
igned, sealed
n t�reserrt;
and delivered
of:
Leonardo O. Carroco
ACKNOWLEDGMENT
TATE OF y-:10_1ZL6 A
RUNTY OF b A,� e
IPEREBY CERTIFY that on this � day of
.D. 198 , before me, an officer duly-auTfiiorized in -the- St ate
_� and County of __ _ e� to take acknowledgments,
.�____
ppeared _Leomlrap—ate _ and
_-- g2,^--__N_—, respec(^t i Mi �V�ecr..-President and
b K4 Al D c� 1U h -J ILLI 00 �L U R A�`i p /l: , t O me
Nie-persoonsdeescr 16ed in ane--; o- exeCi►te�t ee-foregoing inst
cknowledged the execution thereof to be their free act and
fficers and that they affixed thereto the official se
orporation and that they were properly empowered to do s
ehalf of said corporation and that the foregoing instrumen
nd deed of said corporation.
commission expires:
NOTARY PUBLIC STATE OF FLORIDA
6� Ny CONNISSION EXP. SEPT 3.1989
BONDED TNRU GENERAL INS. UNDO f it
/19/$b
[SEAL)
Notary y-Pu6T c-Tn a-nTTo r` t
Count yy and State aforesaid
�It=a Jaccxnino
to
ry
y
afore -
portion
ombrance
gh this
signed
nd has
first
tv
re$ Went
fdas
Ala
a
2.
O�DCand
such
said
on
act
C�
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IMI-
51
E KRENCG ONLY e? k Yt
M` i�
TAMARAC UTILITIES CS ..,. ; ; �=
WATEK AND SMM UTILITY BAE MUM 1 '' { ::: Yl�s a • .; .r3+'
8U90211 401
This T U. . Water and Se or Utility easement made !kd' � "` s •
19976. by r n
Stre 08 7_1 ami Fla `� `'' -;�•
-and the City of Tamar►sc# a Florida ftunicipal Corpora on;
address at 5811 Norttwest Beth Avenue, Taaaarac# or�da ��,�. ' +_•. �
(Grantee).:.r. 4y.�r•k-�. ,
! 10-henaver used herein, the term •Grantor" and •Grantee. ;rshA
the %espective successors and asai9ne of the artiee
the context so admits or requires).
p.,w� try M nw► b r•:. ..,� M ;.�.� �•. Cam.
r WITNESSETH:'e' Fs.;
'xd►�
WHEREAS, Grantor is the owner of that cartsip_!'.real;p sty; Cp
located in Broward County, more particularly described;�-in' Extii� '".Y� ►�'
Y .r� ra M1�•
attached hereto, (hereinafter referred to as "Servienk 8stati►i ; {'"r A
WHEREAS. Gr• +tor desires to grant unto Grantee'd: nos-ucc sivd`• :` .
easement se a portion of the servient estate] ^'�;` r,, r <<w°'•t.,,
t :
NOW, THEREFORE, in consideration of the sum'
($10.00) and other good and valuable considerations p�4 ,'hX;ea
parties hereto to the other party, receipt of which. ji=-her*
parties hereto do hareb 1Calat' a
ledgec3 by bath parties, the p •.
follows:
1. Grantor hereby grants and conveys to Grantee', its.,.i-
ai,d assigns, a non-exclusive easement over and upon the:•aervien
for the installation and maintenance of T.U.W. .water ;�•;a BKe=:-. <,.;.;
utilities.
2. Grantor reserves all rights not herein granted
t including but not limited l- a
this racc:�ent, incl d m ted to, the righti poi cress sea .• :
and egress over and upon the servient estate
easemencs under, over and on the servient eatatej .proded that no"
event shall any of the rights herein reserved impe49. the it, Samajiti
herein granted or the exercise of the rights of use anndsr'
3. The provisions of this easement shall
Aye
a:•
parties hereto and the respective successors and &asi .'b"ae;:
dux * ..?: .`_. • ;�e. �.•�,b , a
running with and binding upon the servient estate.
4. This easement shall not be released - •alt�lr
cons•+nt of the Grantee. ,
M
~
6/1 7/e6 k;QR REFERENCE ONLY "
UTIL. EASEMENT.1
^r
CRY OF TAMAFL4C� `
5811 N. W. 881h AVENUE fi- ?t; ''r• �%#d
TAA1•„?etk- F1 nRln'► .8z21 /, S
�fCf-1 atT A k/o
I
f
&50.
lite improvements
including but not limited to dY veMl�`arm
ian-!.'4caFing will 6e reconstructed
Iii kind. All tren
the 9.,:ne day they
are L=aVated and final pavemant-,,M,uitaci.
will be installed within 48
hours. Except during actual. con�-'s"t"Ar'U''clidn�
period traffic will be maintained.
6. Grantee h -iby indemnifies and holds harmless grant9 r or
a 4
)wV L N, i
loss arising froin grantees use of the easement herein
IN WITNESS WHEREOF, Grantor has hereunto set his hand.aAd",'&`4jal
the day and year first above written.
on,
Signed, sealed and
(GRANTOR)
de.;4vered in the sence of:
witness
By: IVLJ
witness A`
Signed, sealed and
(GRANTEE)
deli i r e i once of:
CitY--Cuf Tamarac
y 4anager
y
.4
City Clet*k
7or
I HEREBY CERTIFY that I have
approved the form and correct-
-MCI,
ZZ.
tress of this T.U.W. Water and
,
Sewer Utility Easement.
A;
144 W--
STATE OF FLORIDA
X
COUNTY OF BRO WARD
I HEREL-7 CERTIFY that on this day, before
moo
ized in
an Officer
duly.,
CD
the State aforesaid and in the
.
County aforest14Itft U
to
C)
acknowleaments, personall y appeared
ik r
to :n-. �nown to be the -,)erscn descrVned in
instrument
and who executed(,
M
gToin4 aad acknowj3dqe6 before
me that.,,*,.
q hand and Officialnsea� in the County,..qd
day of
Witv) PukLc. S14te C1 R064
My Fq,4o Feb. 19. 1989
10 V.
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• F Y. v3 t r
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0
STATE OF FLORIDA M
COUNTY OF BROWARD
OEREBY CERTIFY that on this day, before meo an Officez:11.
in the State aforesaid and in t
ments, personally appeared e County aforgsaid.-tim., ta
to me known to be t e person 3escribea in and -wHo 4xecut 4
instrument and 12je acknowledged before me that
same.
WITNESS my hn d and official seal in the County and
this 23 day of
PWIC $TAT(
CORRISS1011 UP oft 4;40
Iwo roku ultlµ IN 4,
V.2 . M,� I J.
to
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DETAIL 'A'
STATION • 20
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= ..,.1, BLOCK 30 1'3 IS
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tarul/e tat3KlTaw It`r+ra 1
risen~ M+xr •: .(�
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ccL-A! description of a 230 utility easement l in�ad lIC �
Y � i elan°:tox.,.•
Jr,J being parallel to the west side of Uni.vtersity-:Drive Aid-4,ou rrt
I r,f N. W. 78th Street situated in Section 4, Township 49 add j"Y'.
�: ^e 43 east more particularly described an follows:
That part of a 23' easeme a (Per Note 10 By plot) `lying as .'
i.--In; commencing at the southeast corner of !' r
recorded in Plat Book 123, Page 30 of prowa4- O
N Lf 12116" W, a distance of 110.00 to thj0;'point,.0 r
*his description; thence continuing N 00 12'11!'.,.1i a►. i
"�' to the Point_ of Terminus. Said land con taaq 06 h,
CITY OF TAMARAC SKETCH OF DESCRIPTION �I►t�tl►It/f,C�;, �
WTILATIES WEST Ci.,�r0;ti WOODMONT DLK 30 IitbNA'�:
' UT. .IT•' FASµENT 6 1/2 SEC. •4 49 I
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Introduced by: Temp. � rr•
r�
.
CITY OF TAMARAC, FLORIDA
%'�: ' •
RESOLUTION) NO.,'=
;r ,,p'..
A RESOLUTION APPROVING AND ACCEPTING A 23
FOOT TAMARAC UTILITIES WEST WATER AND SEWER
UTILITY EASEMENT OFFERED BY OREGON DEVELOPERS..
INC., (WOODHONT BLOCK 30) FOR THE UNIVERSI'_Y
DRIVE UTILITY RELOCATION PROJECT 06-21 AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY T'IE COUNCIL OF THE CITY OF TAMARAC, FLOiiDA
ZCTION 1: That the 23 foot Tamarac Utilities we at
Water and Sewer Utility easement offered by Oregon Developers
Inc., (Woodmont Block 30) for the University Drive Utility
Relocation is hereby approved and accepted, a copy of said
easement being attached hereto as "Exhibit 1%
That the appropriate City officials are
hereby authorized to execute said cosement on behalf of the
City.
�1. That the City Clerk is hereby authorized and
directed to record said easement in the public records of
Broward County, Florida.
5.:CTiOh_4: This Resolution shall �-+cc'ne effective upon
adoption.
PASSED, ADOPTED AND APPROVED this Lc2day of
ATTEST:
MARIL'YN BERTHOLF
CITY CLERK
I HEREBY CERTIFY that. I have
approved the form and correct-
nEss of th. RESOLUTION.
A. BRYANT PLEGATE
CITY ATTORNEY
FXViLG1 T
BERNARD KART
MAYOR
�v
n,
—A
MAYOR: HART
.Cs
DIST. 1: C/W bSASSAnO
DIST. 2. Y/M STEtZER
C10
DIST. 3: C/M GOTTESMAN
DIST. 4: C!M STEIN
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