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Home My WebLink AboutCity of Tamarac Resolution R-80-036Introduced by: TEMP. NO. /.5/3 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 1- 8 19 20 21 22 23 24 25 26 27 28 29 0 31 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION R- ?6 &6 A RESOLUTION ACCEPTING AN EASEMENT # 'gE-6 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- �o , 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 day of ,1980. V v MAYOR ATTEST: CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. A,;�� CITY ATTORNEY L71SM��0'± C{STR!C i E A S E M E N T THIS INDENTURE made this 2,'o— // day of - • v �4ates 1980, between CITY NATIONAL BANK OF MIAMI, a Un4 _et` d Stbanking corporation, as Trustee, under the provisions of that certain Trust Agreement dated the loth 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 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-6 , 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-6 to be Deeded". AND the party of the second part agrees that on its pant 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 s 1 1 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 initsindependent 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 ed these presents to be executed this day of 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 p, B of September, 1978, and O as Trust Number 5003183 O or Vice President -.TT T : ✓ D41Corporate Trust Officer TRACT 76 corporate By 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 -2- r 1 County, hereby certify that before me came = 1iTORDL.1ioR3 as Senior Vice President, and QAvlD R117NEGO 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 at Miami, Dade County, Florida, this day of 1980. NOT Y POBLI , State of -FYigii.} Y + My Commission Expires: At Large - Notary Public, State of Florida at Large JF •'0+...+••'• ��°�t~ My Commission Expires March 11, 1983 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 Sl9z,, iI �- �PP� as j//cam_ /�ii�2F5��jnj' of 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 Easement; 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 AM_ 1980. N15TARY PUBLIC, State of Florida My Commission Expires: At Large NOTARY PUBLIC STATE OF FLORIDA AT LARGE MT COMMISSION EXPIRES NOV. 9 1981 $ONDED THRU GENERAL INS, UNDERWRIFERS -3- WOODMONT NORTH GOLF COURSE UTILITY EASEMENT #E-6 TO BE DEEDED A PORTION OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 4, TO!'�NSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS PLCORUED IN PLAT BOOK 4, PAGE 31, OF' 'fIIE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; TOGETHER WITH A PORTION OF TRACT C, OF LAND SECTION 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, ALL BEING DESCRIBED AS FOLLOWS: COIKMENCE AT THE MOST NORTHEASTERLY CORNER OF SAID TRACT C; THENCE NORTH-890 33' 35" WEST, ALONG A NORTHERLY BOUNDARY OF SAID TRACT C 1885.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING A POINT OF CUSP; THENCE SOUTHEASTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 25.00 FEET, A DELTA OF 900 00' 00", AN ARC DISTANCE OF 39.27 FEET; THENCE TANGENT TO SAID CURVE SOUTH 000 26' 25" WEST, 84.00 FEET; THENCE SOUTHERLY ALONG - THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE WEST HAVING A RADIUS OF 200.00 FEET, A DELTA OF 34.° 18' 35", AN ARC DISTANCE OF 119.76 FEET; THENCE TANGENT TO SAID CURVE SOUTH 340 45' 00" WEST, 75.55 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE (RADIAL LINE THRU • SAID POINT BEARS SOUTH 280 35' 58" WEST); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 280.00 FEET, A DELTA OF 040 08' 09", AN ARC DISTANCE OF 20.21; THENCE NORTH 340 45' 00" EAST, 78_44 FEET: THENCE NORTH- ERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE WEST HAVING A RADIUS OF 180.00 FEET, A DELTA OF 34° 18' 35", AN ARC DISTANCE OF 107.79 FEET; THENCE TANGENT TO SAID CURVE NORTH 000 26' 25" EAST, 84.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 5.00 FEET, A DELTA OF 90° 00' 00", AN ARC DISTANCE OF 7.85 FEET; THENCE NORTH 000 26' 25" EAST, ALONG A RADIALLY EXTENDED LINE, 20.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TAMAF.AC, BROWARD COUNTY, FLORIDA. KEITH AND SCHNARS, P.A. BY: THOMAS F. SCHNARS PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NO. 2325 DATED: OCTOBER 1, 1979 Exhibit "A" to that certain Easement executed by CITY NATIONAL BANK OF MIAMI, as Trustee, and TRACT 76 CORP., a Florida corporation, dated 1980. L UTI L I TY EASEMENT *E-6 TO BE D EEDED EASEIVE NT E- 49 57 /x, ) i I �j , 5/ LAY: + n f 24 63 p «� 7n air 11 / T fi92Y ' O s / ' / N Y/ 9✓,'.a snt_'2! �61 Ae/ 1� T2 S., 5" r l " a-i t 74 ` �l sfs.x RAJ /ftftlG t 67 70 is i;jre TRO rox 72•B 7/ / 9 A.w -P.1 Ti7 ;ry 77 /S•sax 6� %f 7; 72C 1 pw N IY iJI?• STJ... 1 COMPOSITE SKETCH Or LANDS IN WOODNIONT DEVELOPMENT SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST PREPARED BY KEITH A- lD SCH GARS, P.A. 1115 P!.E 4T1-i AVENUE FCRT LAUD=RCALE,rl.-CR10—'