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HomeMy WebLinkAboutCity of Tamarac Resolution R-80-033Introduced by C*' Temp. # .:V- 1 2 3 CITY OF TAMARAC, FLORIDA RESOLUTION R fD - 33 A RESOLUTION ACCEPTING WELL FIELD EASEMENTSFOR WOODMONT NORTH GOLF COURSE 4 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 5 CITY OF TAMARAC, FLORIDA: 6 SECTION 1: That the Well Field Easements numbers 7 one(1) through six(6) for WOODMONT NORTH GOLF COURSE, offered by 8 Tract 76 Corporation and City National Bank of Miami, as Trustee 9 #5003183, copy of which is attached hereto, is hereby approved. 10 PASSED, ADOPTED, AND APPROVED this day of 1980. it 12 a or 13 ATTEST: 14 15 CITY 16 ro 17 I HEREBY CERTIFY that I have approved the form and Correctness ?.8 of this RESOLUTION. 19 20 CITY ATTORNEY 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 MAYO P: DISTINCT D1S'r.:;CT D I S i 21CT DIST2ICT RECOD OF COUNCIL VOTE WELL FIELD EASEMENTS THIS INDENTURE made this-�'`If, day of�1980, between CITY NATIONAL BANK OF MIAMI, a Uni.ed States banking corporation, as Trustee, under the provisions of that certain Trust Agreement dated the 14th day of September, 1978, and known as Trust No. 5003183, joined by TRACT 76 CORP., a Florida corporation, parties of the first part and CITY OF TAMARAC, a municipality, party of the second part. W I T N E S S E T H: WHEREAS, the parties of the first part are the legal titleholders of property situated in Broward County, Florida, and described as follows: FOR LEGAL DESCRIPTION SEE ATTACHED EXHIBIT "A", AND DESIGNATED AS "WOODMONT NORTH GOLF COURSE, WELL FIELD EASEMENT TO BE DEEDED"; and WHEREAS, the. party of the second part desires an easement for underground drainage and other underground utility purposes over, across and under said property; and WHEREAS, the parties of the first part are willing to grant such easement. NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the parties of the first part do hereby grant unto the part of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild underground drainage and other utility facilities, including the construc- tion, digging and maintenance of municipal water well or wells, within the real property as set forth below and does hereby grant a perpetual easement across said property for said purposes. The real property to which this Easement applies is set forth on Exhibit "A" attached hereto and designated as "Woodmont North Golf Course Well Field Easement to be Deeded AND the party of the second part agrees that on its part it shall restore and replace those portions of the golf course (whether within or without the confines of the ease- ment as described above) which may be disturbed by the construction, maintenance or replacement of said underground drainage or other utility facilities, including the construc- tion, digging and mainmaintenance of municipal water well or wells, to the same condition said golf course was in prior to construction, maintenance or replacement of the underground drainage or other utility facilities, all of the same to be at the party of the second part's sole cost, expense and responsibility. Except as herein granted, the parties of the first part, their successors and assigns, shall continue°to have the full use and enjoyment of the property. The party of the second part shall bear full responsibility -for the use,and enjoyment of the property and shall hold he parties of the first part harmless from any claim of damages to persons or premises resulting from the use, occupancy and possession thereof by the party of the second part. Said easement is given for the purposes of ingress and egress and construction, maintenance, repair and replacement as agreed and it is understood that it is not to be construed as an easement given to the exclusion of the partiesofthe first part, their successors or assigns or to others later granted a similar right. THIS easement is being executed on behalf of CITY NATIONAL BANK OF MIAMI, a United States banking corporation, as Trustee, under the provisions of that certain Trust Agree- ment dated the 14th day of September, 1978, and known as Trust No. 5003183, solely in its capacity as Trustee and not in its independent corporate capacity or against any bene- ficiary of the Trust for which said CITY NATIONAL BANK OF MIAMI is Trustee, under that certain Trust Agreement dated the 14th day of September, 1978, and known as Trust No. 5003183, IN WITNESS WHEREOF, the parties of the first part hereunto have cau_s.,ed these presents to be executed this 5 day of 2 ..._:_� 1980 In presence of: CITY NATIONAL BANK OF MIAMI, a United States banking corpo- ration, as Trustee under the provisions of that certain Trust Agreement dated the 14th day of September, 1978, and B,4,,V own as T st Number 5003183 �93 enior Vice President SEAS 4 ' � Corporate Tru ` t Officer TR co A- By STATE OF FLORIDA ) SS: COUNTY OF DADE ) s I, THE UNDERSIGNED,''`an officer duly authorized to take and'certify'acknowledgments of instruments in said State and -2- County, hereby certify that before me came as Senior Vice President, and DAVID r,U7 41F�f3 as Corporate Trust Officer, of CITY NATIONAL BANK OF MIAMI, a United States Banking corporation, and duly authorized to accept and execute documents within the State of Florida, as Trustee under the provisions of a certain Trust Agreement dated the 14th day of September, 1978, known as Trust Number 5003183; that the said persons so appearing before me are the individuals and the officers aforementioned of said corporation described in and who executed the foregoing Well Field Easement; and that then and there said individuals as aforesaid officers acknowledged before me that the seal affixed to said Well Field Easement' is the corporate seal of said corporation; that their names officially are by them respectively subscribed thereto; that said Well Field Easement was signed, sealed and delivered by said corporation in the presence of two subscribing witnesses, pursuant to law, and that the same is the free act and deed of said corporation. WITNESS my hand�and seal at Miami, Dade County, Florida, this �i -�f day of11%�-.'�} , 1980. o`�,�GE NOT PUBLIC, State of T.1otida ;. ? My Commission Expires: At Large °) �A }} o 'L Notary Public, State of Florida at Large My Commission Expires March 11, 1983 ���.� G� °•.... \.� STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) I, THE UNDERSIGNED, an officer duly authorized to take and certify acknowledgments of instruments in said State and County, hereby certify that before me came •S;r¢,r/fo Gc!• c�PPL as 1/4eoaof TRACT 76 CORP., a Florida corporation; that the said person so appearing before me is the individual and the officer aforementioned of said corpo- ration described in and who executed the foregoing Well Field Easement; and that-- said individual as aforesaid officer acknowledged before me that the seal affixed to said Well Field Easement;is the corporate seal of said corporation;. that his name officially is by him subscribed thereto; that said Well Field Easement was signed, sealed and delivered by said corporation in the presence of two subscribing witnesses, pursuant to law; and that the same is the free act and deed of said corporation. WITNESS my hand and official seal in the County and State last aforesaid, this oZQ `' day of 0570,tot 1980. N RY PUBLIC, State of Florida My Commission Expires: At Large NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES NOV. 9 1931 y> BONDED THW GENEtAL INS, UNOFZWR! rERS _3_ s` ffo-33 • WELL FIELD UTILITY EASEtIENT NO. 1 A portion of Tract E, Land Sec. 4 Golf Course Plat according to the plat thereof as recorded in Plat Book 88, Page 20 of the Public Records of Broward County, Florida, described as follows: k COMMENCING at the most southerly and easterly corner. of said Tract E; thence North 69* 00' 00" West, along the southerly boundary of said Tract E, said line also being the northerly right-of-way line of Northwest 78 Street, 145.00 feet to the POINT OF BEGINNING; thence continue North 690 001 00" West, along said southerly boundary and right-of-way line, 50.00 feet; thence North 210 001 00" Fast, 50.00 feet; thence South 690 001 00" East, along a line 50.00 feet northerly of and parallel with said southerly boundary, 50.00 feet; thence South 21* 001 00" West, 30.00 feet to the -POINT OF BEGINNING. Said lands lying in the City of Tamarac, Broward County, Florida. KEITH and SCHNARS, P.A. BY: Thomas F. Schnars Professional Land Surveyor Florida Registration 14o. 2325 January 2, 1980 EXHIBIT "A" Page 1 of 7 pages of that certain Well Field Easement executed by City National Bank of Miami, as Trustee, and Tract 76 Corp. I 1 L, WELL FIELD UTILITY EASEMENT NO. 2 A portion of Tract L, Land Sec. 4 Golf Course Plat, according to the plat thereof as recorded in Plat Book 88, Page 20 of the Public Records of Broward County, Florida, described as follows: COvII-IENCING at the most easterly corner of said Tract L; thence North 33° 45' UO" West, along the easterly boundary of said Tract L, said line also being the westerly right-of-way line of Northwest 80 Avenue, 113.00 feet to the POINT OF BEGINNING; thence South 560 15' 00" West, 50.00 feet, thence North 330 45' 00" West, along a line 50.00 feet westerly of and parallel with said easterly boundary, 50.00 feet; thence North 550 15' 00" East, 50.00 feet to a point on said easterly boundary and right-of-way line; thence South 330 45' 00" East, along said easterly boundary and right-of-way line, 50.00 feet to the -POINT OF BEGINNING. Said lands lying in the City of Tamarac, Broward County, Florida. KEITH and SCHNARS, P.A. BY: Thomas F. Schnars Professional Land Surveyor Florida Registration No. 2325 January 2, 1980 EXHIBIT "A" Page 2 of 7 pages of that certain Well Field Easement executed by City National Bank of Miami, as Trustee, and Tract 76 Corp. I "i[:JJ�,nlr wrr-,-i - PIwinr•rs - SurveNol- WELL 'FIELD UTILITY EASEMENT NO. 3 A portion of Tract K, Land Sec. 4 Golf Course Plat, according to the plat thereof as recorded in Plat Book 88, Page 20 of the Public Records of Broward County, Florida, described as follows:. COMMENCING at the most southerly and westerly corner of said Tract K; thence North 86° 39' 55" East, along the southerly boundary of said Tract K, said line also being the northerly right-of-way line of Northwest 75 Street, 280.00 feet to the POINT OF BEGINNING; thence North 030 201 05" West, 50.00 feet; thence North 860 39' 55" East, along a line 50.00 feet North of and parallel with said southerly boundary, 50.00 feet; thence South 030 20' 05" East, 50.00 feet to a point on said boundary and northerly right-of-way line; thence South 860 39' 55" West, alone said southerly boundary and right-of-way line, 50.00 feet to the POINT OF BEGINNING. Said lands lying in the City of Tamarac, Broward County, Florida. KEITH and SCHNARS, P.A. BY: Thomas F. Schnars Professional Land Surveyor Florida Registration No. 2325 January 2, 1980 EXHIBIT "A" Page 3 of 7 pages of that certain Well Field Easement executed by City National Bank of Miami, as Trustee, and Tract 76 Corp. KEIT} a� SC1l :AlsS, P,:1. 9�:1a it��°i�a�s - 'lt�r����•��; - S��rw�eji>r� 1 WELL FIELD UTILITY EASEMENT NO. 4 A portion of Tract P, Land Sec. 4 Golf Course Plat, according to the plat thereof as recorded in Plat Book 88, Page 20 of the Public Records of Broward County, Florida, described as follows: BEGINNING at the most northerly and westerly corner of said Tract P; thence easterly along the northerly boundary of said Tract P and along the arc of a curve being concave to the South having a radius of 1370.00 feet, a delta of 010 32' 04" an arc distance of 50.08 feet; thence South 250 36' 06" East, along a line 50.00 feet easterly of and parallel with a westerly boundary of said Tract P, 50.00 feet; thenc�:! South 640 23' 54" West, 50.00 feet a point on said westerly boundary, thence North 250 36' 06" West, along said westerly boundary, 52.81 feet to the POINT OF BEGINNING. Said lands lying in the City of Tamarac, Broward County, Florida. KEITH and SCHNARS, P.A. BY: Thomas F. Schnars Professional Land Surveyor Florida Registration No. 2325 January 2, 1980 EXHIBIT "A" Page 4 of 7 pages of that certain Well Field Easement executed by City National Bank of Miami, as Trustee, and Tract 76 Corp. WELL FIELD UTILITY EASEMENT NO. 5 A portion of Tract N, Land Seca 5 Golf Course Plat, according to the plat thereof as recorded in Flat Book 88, Page 20 of the Public Records of Broward County, Florida, described as follows: BEGINNING at the Southeast corner of said Tract N; thence North 891 01' 50" West, along the South boundary of said Tract N, said line also being the North right-of-way line of Northwest 70 Street, 50.00 feet; thence North 000 58' 10" East, 50.00 feet; thence South 890 01' 50" East, along a line 50.00 feet North of and parallel with said South boundary of Tract N, 55.54 feet to a point on the East boundary of said Tract N; thence South 07° 17' 49" West, along said East boundary, 50.31 feet to the POINT OF BEGINNING. Said lands lying in the City of Tamarac, Broward County,_ Florida. KEITH and SCHNARS, P.A. BY: Thomas F. Schnars Professional Lend Surveyor .Florida Registration No. 2325 January 2, 1980 EXHIBIT "A" Page 5 of 7 pages of that certain Well Field Easement executed by City National Bank of Miami, as Trustee, and Tract 76 Corp. KEITil Enrnnrt-r�, - Plannt-rs - Siar e,t>r 1 WELL FIELD UTILITY EASEMENT NO. 6 A portion of Tract M, Land Sec. 6 Golf Course Plat, according to the plat thereof as recorded in Plat Book 88, Page 20 of the Public Records of Broward County, Florida, described as follows: COMMENCING at the southeast corner of said Tract M; thence North 890 01' 50" West, along the southerly boundary of said Tract M, said line also being the North right-of-way line of Northwest 70 Street, 160.00 feet to the POINT OF BEGINNING; thence continue North 89° 01' 50" West, along said southerly boundary and right-of-way line, 50.00 feet; thence North 000 58' 10" East, 50.00 feet; thence South 89' 01' 50" East, along a line 50.00 feet North of and parallel with said southerly boundary, 50.00 feet; thence South 000 58' 10" West, 50.00 feet to the POINT OF BEGINNING. Said lands lying in the City of Tamarac, Droward County, Florida. KEITH and SCHNARS, P.A. BY: Thomas F. Schnzrs Professional Land Surveyor Florida Registration No. 2325 January 2, 1980 EXHIBIT "A" Page 6 of 7 pages of that certain Well Field Easement executed by City National Bank of Miami, as Trustee, and Tract 76 Corp. hEITH �� ;il:Il;VUS, RA. E;nrinvi-rs - Haainrn, - Siirvcp)rs tj / Ui. 1 L��it30S UL %Iiat. certai11 'Vlell v'ie'd Ea:-ietiient executed by C•ity�National Bank of A, mr„ter®o mac- �-frr z Corp,SO - 70� x r J4. Al , I/J l ,r cM r 7 W ELL UTiL(i NO.4 J .�_ 1 tlTl� aT� I EASEMENT/ NO 5 COMPOSITE SKETCH OF LANDS IN WOODMONT DEVELOPMENT SECTION 4, TOWNSHIP 49 SOUTH, RANGE 43 EAST PREPARED BY KErrH AND SCHNARS,?A. 1115 N.E 4TH AVENUE E09T LAUDERDALE, FLORIDA OcGEM3:R,19T8 JO NY