HomeMy WebLinkAboutCity of Tamarac Resolution R-80-037Introduced by:
TEMP. NO . ,j�
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CITY OF TAMARAC, FLORIDA
RESOLUTION R-
A RESOLUTION ACCEPTING AN EASEMENT
# - 7 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- 7 ,
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.
ATTEST:
pt1w, wiuo
mliklm-ff �Elomllwm/
I HEREBY CERTIFY that I have
approved the form and correctness
of this RESOLUTION.
CITY ATTORNEY
Y
VOTE
Rr, sa.t�° -3 7
E A S E M E N T
THIS INDENTURE made this Z" ilk
day
of `�. ��., --�-�1980,
between CITY NATIONAL BANK OF MIAINI, aUniVed 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.
WHEREAS,
titleholderr
and described
and
W I .T N E S S E T H :
the parties of the first part are thelegal
of property situated in Broward County, Florida,
as follows:
FOR LEGAL DESCRIPTION SEE ATTACHED
EXHIBIT "A", AND DESIGNATED AS
"WOODMONT NORTH GOLF COURSE,
UTILITY EASEMENT #E- 7, TO BE DEEDED";
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 willinq to
grant such easement. y
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-7 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
I
I
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 caused 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
st Agreement dated the 14th
L September, 1978, and
Trus Numb 5003183
1 it `962a
e�:aor Vice President
SErt /
0 R
Corporate Trust
Officer
TR
cc
By
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
I, THE UNDERSIGNED, an officer duly authorized to take
and certify acknowledgments of instruments in said State and
-2-
r
a
I
County, hereby certify that before me came
as Senior Vice President, and
�r �� .�.� as Corporate Trust Officer, of CITY
NATION i3Ai,0yIIAMI, 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 -z%�, day of 1980. ��,������«,,,,,
N lG .
ry
NOT�� RY PUBLIC, 8 ®f Flori T R y•:
My Commission Expires: ✓ At Large
• �. �.
_ Notary Public, State of Florida at Larva <� •••'••••'••• h� `mob
My Commission Expires tvlarch 11, 1933 111,rj011RICA ka' ��l.y''��
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�rl�fif !.c/• �JP� ,
as tS,,AfnT , 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 Eaesment;
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 offic �'A1 seal in the County and
State last aforesaid, this day of t,74 1980.
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA AT LARGE
MY COMMISSION EYP1k;S NOV 9 193,
a0NDED THRU afg9LAC. (N3
k�
TARY PUBLIC, State of Florida
At Large
t:.
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w
WOODMIONT NORTH GOLF CUUIt �L
UTILITY HAS :h1F."IT E - 7
r
TO RE
A PORTION OE' FORT LAtiDI;R1).°,I.�: I'1:tiC'F; F'r:E'SU11DIVIS-I0i3
OF SECTION 4, TOWN. —;HIP 49 SOU'i'II, RANGE 41 EAST, ACCORDING
TO THE PLAT `I'HERPOF AS It1'C:ORDE D IN PT-ATBOOK 4, PACE 31,
OF THE PUBLIC RECORDS OF RRO"1APD COUi,I'I'Y, FLORIDA;
TOGETHER PORTIONS OF TRACT C, OF LAIID SEC. 4 GOLF
COURSE PLAT, ACCORDING TO T:iE PI4T 'NIEREOF AS RECORDED
I14 PLAT BOOK 88, PAGE 201 OF THE PUBLIC RECORDS OF
BR01It-ARD COUNTY, FLORIDA, ALI, BEING DESCRIBED AS FOLLGi','S :
COMMENCE AT THE MOST NOR'HE:ASTE'RI,Y CORNER OF SAID TRACT
C; THENCE NORTH 890 33' 35" Tv;EST, ALONG A NORTHERLY
BOUNDARY OF SAID TRACT C, 4 50 . 00 FEET TO THE POINT OF
BEGINNING; THf-;NCE SOUTH 000 26' 25" 14LST, 20.30 FEET;
THENCE NORTH 89- 33' 35" W1:ST, 132.5.00 FEET; THENCE
SOUTHWESTERLY ALONG THE ARC OF A TANGENT CURVE BEING COt'-
CAVE TO THE SOUTHEAST HAVING A RADIUS OF 5.00 FEET,
A DELTA OF 900 00' 00" AN ARC DISTANCE OF 7.35 FEET,
THENCE TANGENT TO SAID CURVE SOUTH 00 26' 25"'WEST,
16.73 FFET; THE NCE SOUTH 84' 2.2' 31" EAST, 63.36 FEET TO
A POINT ON THE ARC OF A NON-TANK;!-:NT CURVE (RADIAL LINE
THRU SAID POINT BEARS NORTH 17' 48' 49" EAST) ; THENCE
EASTERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE
TO THE NORTH HAVING A RADIUS OF 545.00 FEET, A DELTA
OF 18° 42' 00"; AN ARC DISTANCE OF 177.87 FEET TO A POINT
OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF
A TANGENT CURVE BEING CONCAVE TO THE SOUTHWEST, HAVING A
RADIUS OF 720.00 FEET, A DELTA OF 41° 19' 36", AN ARC
DISTANCE OF 519.32 FEET TO A POINT OF REVERSE CURVATURE,
THENCE EASTERLY ALONG THE ARC OF SAID CURVE BEING
CONCAVE TO THE NORTH HAVING A RADIUS OF 240.00 FEET,
A DELTA OF 430 00' 00", AN ARC DISTANCE OF 180.12 FEET;
THENCE TANGENT TO SAID CURVE NORTH 870 26' 25" EAST,
535.00 FEET, THENCE SOUTHEASTERLY ALONG THE. ARC OF A
TANGENT CURVE BEING CONCAVE TO THE SOUTHWEST HAVING
A R",DIUS OF 95.00 FEET, A DELTA OF 900 00' 00", AN ARC
DISTANCE OF 149.23 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 020 33' 35" LAST, 130.00 FEET; 'THENCE SOUTFFWESTERLY
ALONG THE ARC OF A TANGi-:NT CURVE BEING CONCAVE TO THE.
NORTHWEST HAVING A RADIUS OF 95.00 FEET; A DELTA OF 901
00' JO" AN ARC DISTANCE OF 149.23 FEET; T11FNCE TFi''VGE'vT
TO SAID CURVE SOUTH 87° 26' 25" WEST, 535.00 FEET, THENCE
NORTHWESTERLY ALONG THE. ARC OF A TANGENT CURVE BEING
CONCAVE TO THE NORTHEAST IFAVING A RADIUS OF 560.00 FEET,
A DELTA OF 440 48' 43", AN ARC DTSTANCF, OF 437.99 FEET TO
A POINT OF REVERSE CURVATURE; "THENCE NORTHWESTERLY ALONG
1riE ARC OF A TANGENT CURVE BEING CONCAVE TO THE SOUTHT'EST
HAVING A RADIUS OF 380.00 FEET, A DELTA OF 42° 43' 43",
AN ARC DISTANCE OF 283.39 FEET; THENCE TANGENT TO SAID
1 of 3
Exhibit "A" to that certain Easement executed by CITY NATIONAL
BANK OF MIAMI, as Trustee, and TRACT 76 CORP., a Florida
corporation, dated V—,q4uAe41 -�S 1980.
WOODMONT NORTH GOLF COARSE
UTILITY EASEMENT rE-7
TO BE DEEDED
(CONT'INUED)
CURVE SOUTH 890 31' 26" WEST, 174.05 FEET TO A POINT
`
ON THE ARC OF A NON -TANGENT CURVE (RADIAL LINE THRU
SAID POINT BEARS NORTH 590 57' 42" EAST), THENCE NORTHERLY
- ALONG THE ARC OF SAID CURVE BEING CONCAVE TO THE
EAST HAVING A RADIUS OF 220.00 FEET, A DELTA OF 30- 28'
43", AN ARC DISTANCE OF 117.03 FEET, THENCE TANGENT TO
SAID CURVE NORTH 000 26' 25" EAST 15.80 FEET TO A POINT
ON THE ARC OF A--NON-TANGENT CURVE (RADIAL LINE THRU SAID
POINT BEARS NORTH.150 10' 51" EAST), THENCE WESTERLY ALONG
THE ARC OF SAID CURVE BEING CONCAVE TO THE NORTH HAVING
A RADIUS OF 750.00 FEET, A DELTA OF 02° 24' 52", AN ARC
DISTANCE OF 31.60 FEET; THENCE TANGENT TO SAID CURVE
NORTH 720 24' 17" WEST, 31.18 FEET; THENCE SOUTHWESTERLY
ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 5.00 FEET, A DELTA OF 79-
53' 45", AN ARC DISTANCE OF 6.97 FEET TO A POINT OF
REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A
TANGENT CURVE BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS
OF 280.00 FEET, A DELTA OF 07° 03' 32" AN ARC DISTANCE
OF 34.46 FEET; THENCE TANGENT TO SAID CURVE SOUTH 34
45' 00" :BEST, 78.44 FEET TO A POINT ON THE ARC OF A NON -
TANGENT CURVE (RADIAL LINE THRU SAID POINT BEARS SOUTH
450 02' 12" :JEST); THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE BEING CONCAVE TO THE SOUTHWIEST HAVING A RADIUS
OF 280.00 FEET, A DELTA OF 04° 03' 09", AN ARC DISTANCE OF
20.12; THENCE NORTH 34' 45' 00" EAST 75.55 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF A TANGENT CURVE BEING CON-
CAVE TO THE NORTHWEST HAVING A RADIUS OF 260.00 FEET, A
DELTA. OF 070 03' 02" , AN ARC DISTANCE OF 32.00 FEET TO A
POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY ALONG
THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING
A RADIUS OF 25.00 FEET, A DELTA OF 790 53. 4511, AN ARC
DISTANCE OF 34.86; THENCE TANGENT TO SAID CURVE SOUTH 720
24' 17" EAST 31.18 FEET, THENCE SOUTHEASTERLY ALONG THE
ARC OF A TANGENT CURVE BEING CONCAVE TO THE NORTHEAST HAVING
A RADIUS OF 730.00 FEET A DELTA OF 030 37' 17", AN ARC
DISTANCE OF 46.14 FEET; THENCE SOUTH 00* 26' 25" WEST, 31.39
FEET; THENCE SOUTHERLY ALONG THE ARC OF A TANGENT CURVE
BEING CONCAVE TO THE EAST HAVING A RADIUS OF 200.00 FEET,
A DELTA OF 270 11' 35", AN ARC DISTANCE OF 94.92 FEET; THENCE
NORTH 890 31' 26" EAST, 162.02 FEET; THENCE SOUTHEASTERLY
ALONG THE ARC OF'A TANGENT CURVE BEING CONCAVE TO THE SOUTH-
WEST HAVING A RADIUS OF 400.00 FEET, A DELTA OF 42- 43' 43",
AN ARC DISTANCE OF 298.30 FEET TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHEASTERLY ALONG THE ARC OF A TANGENT CURVE BEING
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 540.00 FEET, A
DELTA OF 440 48' 43", AN ARC DISTANCE OF 422.34 FEET; THENCE
2 of 3
_> WOODN•ION'T I�OIt' II r;OI,F COURSE
UTILITY EASEL• E N'T nE-7
TO BE DIRF,I)F;D
TANGENT TO SAID CURVE NlLli I'lI 870 26' 25" EAST, 535.00
FEET; THENCE NORTHEASTERLY ALONG TliE ARC OF A TANGENT
CURVE BEING CONCAVE TO THE NOl%'Tll'M-:ST HAVING A RADIUS
OF 75.00 FEET A DELTA OF 100 00' 31" AN ARC DISTANCE
OF 117.81 FEET; THENCE TANGENT TO SAID CURVE NORTH
020 33' 35" WEST, 130.00 FEET; THENCE NORTHWESTERLY
ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE
SOUTHWEST HAVING A RADIUS OF 75.00 FEET, A DELTA OF
900 00'-00", AN TiRC DISTANCE OF 117.81 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 870 26' 25" I•JEST, 535.00
FEET; THENCE NORTHWESTERLY ALONG THE ARC OF A TANGENT
CARVE BEING CONCAVE TO THE NORTHE-AST HAVING A RADIUS
OF 260.00 FEET, A DELTA OF 43° 00' 00", Av ARC DISTANCE
OF 195.13 FEET TO A POINT OF REVERSE CURVATURE; THENCE
NORTHWESTERLY ALONG THE ARC OF A TANGENT CURVE BEING CON—
CAVE TO ThE SOUTHI•; EST, HAVING A RADIUS OF 7 0 0 . 0 Q FEET, A DELTA
OF 410 19' 36" AN ARC DISTANCE OF 504.90 FEET TO A POINT
OF REVERSE CURVATURE, WHENCE WESTERLY ALONG THE ARC OF A
TANGENT CURVE BEING CONCAVE TO THE NORTH, HAVING A RADIUS
OF 565.00 FEET, A DELTA OF 18° 28' 53"; 012Z. ARC DISTANCE
OF 182.25 FEET; THENCE NORTH 84' 22' 31" i�,EST, 79.51
FEET; THENCE NORTH 00' 26' 25" EAST, 35.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF A TANGENT CURVE BEING
CONCAVE TO THE SOUTHEAST 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 89' 33' 35" EAST,
1325.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF TAMARAC, BRO,aARD COUNTY,
FLORIDA.
KEITH AND SCHNARS, Y.A.
BY- TIHOMAS F . SCHNARS
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION NO. 2325
DATED. OCTOBER 1, 1979
'I n f 'I
I
UTILITY EASEMENT #E-7
TO BE DEEDED
COMPOSITE SKETCH Or
LANDS IN VICIODMON T DEVELOPMENT
SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST
PREP.arPED BY
KEITH AND SCHNARS, P.A.
1115 N.E 4TH AVENU—z
FART LAUDERDAL_, FLO�IDA