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Home My WebLink AboutCity of Tamarac Resolution R-80-035Introduced by: TEMP. NO . JS/ _ 1 ' I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION R- K6-3$ A RESOLUTION ACCEPTING AN EASEMENT # i—c:*- .3 FOR UNDERGROUND DRAINAGE AND UTILITY FACILITIES FOR WOODMONT NORTH GOLF COURSE. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Grant of Easement - E-,3 , for underground drainage and utility facilities on WOODMONT NORTH GOLF, COURSE offered by Tract 76 Corporation and City National Bank of Miami_,_ as Trustee #5003183, copy of which is attached hereto as Exhibit "A", is hereby approved. PASSED, ADOPTED AND APPROVED this r,7 7 day of ,1980. �S MAYOR ATTEST: C� Mraum—p r I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. CITY ATTORNEY RE O-D Of COUNCIL VOTE MAYO: M f f E A S E M E N T THIS INDENTURE made this Zgr-/ day of 1980, between CITY NATIONAL BANK OF MIAMI, a Unnl ed State 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 75 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 titleholderr 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, UTILITY EASEMENT #E-3 , 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, 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 Utility Easement #E-3 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, 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 the 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 parties of the 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 c used these presents to be executed this 2- day o f �,,,�% 1980. r In presence of: CITY NATIONAL BANK OF MIAMI, a United States banking corpo- ration, as Trustee under the rovisions of that certain p, B st Agreement dated the 14th t iQ f September, 1978, and o as T st Number 5003183 i. i 1263 � >- 1 By nior Vice President % FCORI�)N GiG�--- Corporate Trust Officer TRACT 7 corpora By y STATE OF FLORIDA ) SS: COUNTY OF DADE ) a Florida I, THE UNDERSIGNED, an officer duly authorized to take and certify acknowledgments of instruments in said State and 1WZ County, hereby certify that before me came C IFFORD L. t 0,"', as Senior Vice President, and DAVID BUZNEGO ► 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 Easement; and that then and there said individuals as aforesaid officers acknowledged before me that the seal affixed to said Easement is the corporate seal of said corporation; that their names officially are by them respectively subscribed thereto; that said 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 Miami, Dade County, Florida, this 2..'%��( day of�_ 1980. ♦�`'n�C�C NOT Y' PU IC, State al, Florida •'; My Commission Expires: ✓ At Large i 0 TA; U Notary Pubfic, state of Florida at Large • �, • My Commission Expires March 11, 19$3 : '�_ •• .• ,� �� N 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, her by certify that before me came ST1 a/fn tom. j5^01 , as [%� G� �i2s$5! DEBT , of TRACT 75 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 Eaeement; and that then and there said individual as aforesaid officer acknowledged before me that the seal affixed to said Easement is the corporate seal of said corporation; that his name officially is by him subscribed thereto; that said 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 day of �,�,q,e,� , 1980. NOTARY PUBLIC, State of Florida My Commission Expires: At Large NOTARY PUBLIC STATE OF FLORIDA AT URGE MY COMMISSION EXPIRES NOV. 9 1931 s BONDED THRU GENERAL INS, UNDERWR.TERS s �t -3- NUR`I'H G01,I' C OUPSE � p'3� ' UTILITY I;AS}':P•lEX1' ' E 3 �' ,p .` TO ICE; D 10E1) 5 A PORTION OF FONT I,AUDERDAI,E 'i` UCK FAIa4S SUi3-- DIVISION OF SECTION 4, `i'OIN'NS IIP 49 SOlT11, PANGE 41 EAST, ACCORiNG TO THE PLAT' 'III!-- f:!;OF AS PE0,Pf)1 D IN PLAT BOOK 4, PAGE 31, OF `i'IIE PUBLIC RECORDS OF BRO ARD COUNTY, FLORIDA; TOGETHER W L'I'H PORTIONS OF TRACT I), OF LAND SEC 4 GOLF COURSE PLAT, ACCORDING TO THE PLAT THF.ROF AS RECORDED IN PLAT BOOK 88, PAGE 20 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALL BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST WESTERLY AND SOUTHERLY CORNER OF SAID TRACT D; THENCE EASTERLY ALONG A SOUTHERLY BOUNDARY OF SAID TRACT D AND THE ARC OF A CURVE CONCAVE TO THE NORTH IIAVING A RADIUS OF 1395.00 FEET, A DELTA OF 190 01' 46", AN ARC DISTANCE OF 463.32 FEET; THENCE TANGENT TO SAID CURVE, NORTH 830 19' 52" EAST, 155.97 FEET TO THE POINT OF BFGININ ING, THENCE -NORTH 180 19' 52" EAST, 22.07 FEET; THENCE NORTH 830 19' 52" EAST, 23.67 FEET; THENCE NORTH 060 40' 08" WEST, 117.18 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 190.00 FEET; A DELTA OF 760 00' 00", AN ARC DISTANCE OF 252.03 FEET; THENCE TANGENT TO SAID CURVE NORTH 690 19' 52" EAST, 362.79 FEET: THENCE NORTH 720 49' 52" EAST, 502.03 FEET; THENCE EASTERLY ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 120.00 FEET, A DELTA OF 83° 04' 02", AN ARC DISTANCE OF 173.98 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 240 06' 06" EAST, 436.97 FEET; THENCE SOUTH 700 47' 36" :JEST, 20.07 FEET; THENCE NORTH 240 06' 06" WEST, 435.26 FEET; THENCE WESTERLY ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE SOUTH, PAVING A RADIUS OF 100.00 FEET, A DELTA OF 830 04' 02", AN ARC DISTANCE OF 144.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH 720 49' 52" WEST, 501.42 FEET; THENCE SOUTH 690 19' 52" WEST 362.18; THENCE SOUTH- WE'STERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 170.00 SHEET 1 OF 2 Exhibit "A'.' to that certain Easement executed by CITY NATIONAL BANK, ,OF MIAMI, as Trustee, and TRACT 76 CORP., a Florida corporation, dated .?(p , 1980. t•JOODMONT NORTH GOLF COURSE UTILITY EASEMENT #E-3 TO BE DEEDED CONTINUED FEET, A DELTA OF 760 00' 00", AN ARC DISTIO.ICE OF 225.30; THENCE `TANGENT TO SATD CURVE SOUTH 060 40' 08" EAST 137.18 FEET; ` 14ENCE SOUTH 83° 19' 52" WEST, 53.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TA!,',AP?1C, BROW ARD COUNTY, FLORIDA. KEITH AND SCHNARS, P.A. BY: THOMAS F. SCHNARS PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NO. 2325 SHEET 2 OF 2 1 UTILITY EASEMENT 44=E-3 TO BE DEEDED 1 t III ---j UTILITY EASENIE . e7 �E-357 I t \l j S' r.•ir. 1 S� \. \ � \ •� t •, r ` ''.;° � zJdJ:.'4 � \ ./—A / � viaJr sr I IOfJIX (i J G'� �z 5 / eswx S-J ro yr 71w S7J_�t 1 A JJ asr z t� IJID�x r—' pia' TRJ �r7x r JJasx p•JJ R; Ss+::r. 75 p'ju JnSJJe n w 1S:n y'a__• _ 1 m w7rG 77L F Jv 7r a 7/ Ji iSAC pJ�J � TR Nr a to ' :r. 77 sr TP:A JJJjeJC sir%l= 7za 7Z-C ` 1/ t,.�x f I ff R Aw U ,a '..rl mrory n cst ', I , COMPOSITE SKETCH OF LANDS IM WODDNIONT DEVELOPMENT SECTION 4, TOWINSHIP '49 SOUTH, RANGE 4! EAST PRcPAREO BY KEITH AND SCHMARS, P.A. 1!J5 N.7 4TH AVENUE FORT LA U0=RQAL':. LORtDA