The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-80-039Introduced by: CITY OF TAMARAC, FLORIDA TEMP. N0 . I-516 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 �0 131 32 33 34 35 36' RESOLUTION R gD-32! A RESOLUTION ACCEPTING AN EASEMENT # /oL 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- la- , 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. MAYOR ATTEST: I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. CITY ATTORNEY v Cry��:. (,._a 6f E A S E M E N T THIS INDENTURE made this "'p`�--day of 1980, between CITY NATIONAL BANK OF MIAMI, a Uni d 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 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- 12, 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- 12 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. 5003133. IN WITNESS WHEREOF, the parties of the first part hereunto have caused these presents to be executed this G= - day of ti, i-,, } �._ _, 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 of September, 1978, and as Trust Number 5003183 0. i ' J T: By to �963 Stra', r vice President S+ FLoR0 Corporate Trust Officer TRACT 7 corpory By , .a Florida 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- a I County, hereby certify that before me came CLlr'F'ORD L. f4QntPS 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 at Miami, Dade County, Florida, this day Qf 7NOTA 1980. PU J IC, Stake My Commission Expires: At Large OO U eLir Nofa �Jl ••• •" � �`• ry Public, State of Florida �j •• .fly Com mission Expires March at Large ,�l�f14�1 �LORID� Q,%:0 llz 198? �Lllt,.u.►►lt 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 .f'T,E�n ,, as jfjcf, Pe*.5'/Df.j7- , 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 official seal in the County and State last aforesaid, this �'--�`' day of VgjeJe.l� 1980. '04 `\ OTARY PUBLIC, State of Florida My Commission Expires: At Large t NOTARY PUBLIC STATE OF FLORIDA AT LARGE 1' MY COMMISSION EXPIRES NOY 9 1931 BONDED 'WU "AN RAC INS UNCFRWR�!EXS -3- WOOIXIONT NOP'I'fI ('01J1:13E Ill lily iEA:;i;il :'I' 4TE,-12 .A PORTION OF FORT LAUDERDA1J `I PIJ,"'K i•'AiZ'•IS SUF',DIVL`S ION OF SECTION 4, TOWNSHIP 49 SOU'.['Ei, I:ANGE 41 EAST, ACCORDING TO THE PLAT 'fli-EREOF AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF Pl"OWARD COUNTY FLORIDA; TOGETHEIR WITH' PORTIONS OF TRAC'.I'S A AND B OF LAND SEC. 4 GOLF COURSE PLAT, ACCORDING TO HE, PLAT ' ih-"RE:OF AS RECORDED IN PLAT BOOK 88, PAGE 20, OF THE PUR[,IC RECORDS OF BROtIARD COUNTY, FLORIDA, ALL DESCRIBED AS FOLIO sS COI,i:MLENCING AT THE SOUTHEASTERLY COEZNER OF SAID TRACT B; THENCE WESTERLY ALONG THE SOUTHERLY BOUND., RY OF SAID TRACT B,- AwD THE ARC OF A CURVE CONCAVE TO THEI, NORTH, TEAVING A RADIUS OF 1395.00 FEET, A DELTA OF 03' 35' 25", AN ARC DISTANCE OF 87.42 FEET TO A POINT OF CUSP; THENCE NORTHEAS'.I'ERLY ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 25.00 FEET; A DELTA OF 780 58' 29", AN ARC DISTANCE, OF 34.46 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE (RADIAL LINE THRU SAID POINT BEARS NORTH 180 12' 53" EAST) SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE WESTERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE TO 'EPEE NORTH HAVING A RADIUS OF 1375.00 FEET, A DELTA OF 010 01' 21 AN ARC DISTANCE OF 24.54 FEET TO A POINT OF CUSP; � THENCE NORTIIEASTERLY ALONG THE* ARC OF A TANGENT CURVE BEING CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 5_JO FEET, A DELTA OF 950 26' 33", AN ARC DISTANCE: OF 8.33 FEET; THENCE TANGENT TO SAID CURVE NORTH 130 47' 42" EAST, 10.01 FEET; THENCE NORTHERLY ALONG THE ARC OF A TANGENT CURVE 131':'ING CONCAVE TO THE EAST HAVING A RADIUS OF 260.00 FEET, A DELTA OF 03° 50' 11 AN ARC DISTANCE OF 17.41 FEET; THENCE NORTH 56' 10' 35" WEST, 759.49 FEET; THENCE WESTFRT,Y ALONG THE ARC OF A TANGENIT CURVE BE INIG CONCAVE TO THE SOUTH HAVING A RADIUS OF 280.00 FEET, A DELTA OF 26° 00' 00", AN ARC- DISTANCE OF 127.J6 FEET; THENCE TANGENT TO SAID CURVE NORTH 84 0 10' 05" WEST, 158.75 FEET; THENCE NORTIT 00 10' 05" I -TEST, 206.18 FEET; THENCE NORTH 17° 49' 55" EAST, 375.59 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A 'TANGENT CURVE BEING CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 80.00 FEET, A DELTA OF 108- 00' 00", AN ARC DISTANCE OF 150.80 FFET; THENCE SOUTH 54° 10' 05" EAST, 621.27 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE. TO THE NORTHEAST HAVING A RADIUS OF 330.30 FEET, A DELTA OF 460 19' 55", AN ARC DISTANCE OF 266.85 FEET; THENCE TANGEN TO SAID CURVE, NORTH 79° 30' 30" EAST, 498.61 FEET; THENCE SOUTH 100 30' 30" EAST, 167.27 FEET; THENCE SOUTH 78' 55' 15" EAST, 25.66 FEET; THENCE EASTERLY ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 310.00 FEET, A DELTA OF 04° 42' 23", AN ARC DISTANCE OF 25.46 FEET TO A POINT ON THE RIGHT-OF-WAY LINE QI OF THAT CERTAIN CANAL RIGHT-OF-WAY RECORDED IN OFFICIAL RECORDS BOOK 6450, PAGE 688, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 28° 30' 00" SHEET 1 3F 2 Exhibit "A" to that certain Easement executed by CITY NATIONAL BANK OF MIAMI, as Trustee, and TRACT 76 CORP., a Florida corporation, dated 1980. " = S-JOOD;MONT NORTH GOLF COURSE UTILITY EASEi•1ENT E-12 TO BE DEEDED CONTINUED 21.48 FEET TO A POINT OF THE ARC OF A NON -TANGENT ' 'Tr RADIAL LINE THRU SAID POINT BEARS NORTH 07° 46' 43" •`J�.) , THENCE WESTERLY ALONG THE ARC OF SAID CURVE BEING �vNC-NVE TO THE NORTH HAVING A RADIUS OF 330.00 FEET, A ��LTA OF 030 18' 32", AN ARC DISTANCE OF 19.01 FEET; THENCE 1,_IGENT TO SAID CURVE NORTH 78° 55' 15" WEST, 39.26 FEET, THENCE ;OATH 10° 30' 00" .JEST, 160.87 FEET; "HENCE SOUTH 79° 30' 00" ;;EST, 478.61 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE NORTHEAST HAVING A RADIUS `~ OF 350.00 FEET, A DELTA OF 46° 19' 55", AN ARC DISTANNCE OF .283.03 FEET; THENCE TANGENT TO SAID CURVE NORTH 54° 10' 05" WEST, 621.27 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 60.00 FEET, A DELTA OF 108° 00' 00", AN ARC DISTANCE OF 113.10 FEET; THENCE TANGENT TO SAID CURVE SOUTH 170 49' 55" WEST, 372.42 FEET; THENCE SOUTH 000 10' 05" EAST, 185.00 FEET; THENCE SOUTH 840 10' J5" EAST, 140.74 FEET; THENCE EASTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE SOUTH HAVING A RADIUS OF 300.JO FEET, A DELTA OF 26° 00' 00", AN ARC DISTANCE OF 136.14 FEET; THENCE TANGENT TO SAID CURVE SOUTH 58° 10' 05" EAST, 775.64 FEET TO A POINT ON THE ARC OF A NON -- TANGENT CURVE (RADIAL LINE THRU SAID POINT BEARS SOUTH 680 27' 23" EAST) ; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE TO THE EAST HAVING A RADIUS OF 240.00 FEET, A DELTA OF 07° 32' 24", AN ARC DISTT-uNCE OF 31.58 FEET; THENCE TANGENT TO SAID CURVE SOUTH 130 47' 42" WEST, 10.01 FEET; THENCE SOUTH- ERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE WEST HAVING A RADIUS OF 25.00 FEET, A DELTA OF 16° 28' 04", AN ARC DISTANCE OF 7.19 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TAMARAC, BrRJTNARD COUNTY, FLORIDA_ KEITH AND SCHNARS, P.A. 13Y : THOMAS F . SCHNARS PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NO. 2325 DATED: OCTOBER 1, 1979 SHEET 2 OF 2 UTILITY EASEMENT 0 E-12 TO BE DEEDED I' ,Z.B 7/ 77 s // 71-4 A}i IL N iI :OIM 1Ti_:Y .� COMPOSITE SKETCH OF LANDS l��OODi�'Oi�T Dc1/ELOa��iT SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST PREPARED BY KEITH AND SCHNARS,P.A. 1((5 %1.:. 4Tfi AVENUE