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HomeMy WebLinkAboutCity of Tamarac Resolution R-87-298I 2 3 4 5 33 34 35 36 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 FA (' 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� &Z 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. %I/pL�Q4 -2- • F Y. v3 t r 0 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 y" 5 A-, 7 �1,111 -14 V -3- ell !�v -"Z ­ 4% Il M I ; "� •a a .rt� � w ��, . rlr. � G7 � i 1:�s•'•. ir ■[twi�lr' VI `ir DETAIL 'A' STATION • 20 MEL N.W. TB 7H STREETIL rat to IN .r T. MRau Mti Oise yyy /I t00d F V ♦ , ' *A .•1r r• I. • :: "' WOODMONT t = ..,.1, BLOCK 30 1'3 IS tit nr , M• NT.IR � .1 } • I `I..p p• �11w � � �..»tiarr• , o PARCEL "A" P.QB I X : le ' 5411r .e - ?Y r. tss,604 •r. , c Tel! • . f ' .�lo • P. u: WSW— `" • l►•l7 N r ! t•dial r'N: t+C"T LMI"pD4.[ 11KR'R IMIr/ { �i' MITI tarul/e tat3KlTaw It`r+ra 1 risen~ M+xr •: .(� ;''• Q 00 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 • 11 2 3 4 s 6 7 i 14 7l1 32 13 �14 is 16 27 1! 30 21 22 23 24 2S 26 27 is 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 rn rn ' N R4okr�p lar ;,'��i J jrft JORIV „r �1 N s........ I=- FA a 5 R�'