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Home My WebLink AboutCity of Tamarac Resolution R-80-040Introduced by: b_ila TEMP. NO.-1517 1 2 3', 4i 5 7 8 9 10 11 12 13 14 15 16 17 116 19 20 21 22 23 24 25 26 27 28 29 '0 1131 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION R - ?0- 7` A RESOLUTION ACCEPTING AN EASEMENT # E,-/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- / 2! , 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 a�2-dday of - ,1980. MA 0 ATTEST: I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. GIST , i Mc CITY ATTORNEY lUi S"i l �'s S E A S E M E N T THIS INDENTURE made this-% ";'day ofi 1980, between CITY NATIONAL BANK OF MIAMI, a Uni,Xd� 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 H F. 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-17, 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-17 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'' -C%. d ay o f 1980. r' In presence of: CITY NATIONAL BANK OF MIAMI, a United States banking corpo- ration, as Trustee Under the provisions of that certain rust Agreement dated the 14th 'mod f September, 1978, and s Tru t Number 5003183 C , q >- 79fJ etr r Vice President SEAL/ G2 Corporate Trust Officer TRACT 76/CORP., a Florida corpora,tlior4 4. 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 1 I County, hereby certify that before me came gTFFORD L. Hoj,*j as Senior Vice President, and '� t!.i �l , as Corporate Trust Officer, of CITY NATIONAL BANK_()�F"KIIMI, 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, d seal Miami, Dade Count)Aw,,,F,4orida, this % day of _, 1980. C� W. TUC,, • yyyy/ ` • ( �� J. A . NOTA�R �°` PU LIC, State qf' Y lor_ ida a My Commission Expires: At Large State 01 FioTlda at t�Ta� •,�iir ,r' ••. r... '.��~ �� Pubfic, 9 i3otary rues ��arch 11,1.E .� ''Qji�tuul►i*�'' 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 as �,iif,51P97n7- 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 �9` day of �&7dc 1t , 1980. NOTARY PUBLIC, State of F1ox4i3a; My Commission Expires: At Large NOTARY PUBLIC STATE OF FLORIDA AT LAXa MY COMMISSION EXPIRES Nov. 9 I931 BONDED WU GENERAL I145 UNuFR A R! ! ERS -3- k i WOODMONT NORTH GOLF COURSE UTILITY EASMENT ;rE-17 TO BE DEEDED A PORTION OF FORT LAUDERDALE TRUCK FAPUMS SUBDIVISION OF SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DES- CRIBED AS FOLLOWS COMMENCING AT THE SOUTHEASTERLY CORNER OF TRACT B OF ;,AND 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; THENCE WEST- ERLY ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT B AND THE ARC OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1395.00 FEET, A DELTA OF 04- 19" 08", AN ARC DISTANCE OF 105.16 FEET; THENCE NORTH 70' 02' 03" WEST, ALONG THE SOUTH BOUNDARY OF SAID TRACT B, A DISTANCE OF 231.99 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 700 02' 03 WEST, 110.00 FEET TO A POINT OF CUSP; THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 25.00 FEET, A DELTA OF 780 27' 47", AN ARC DISTANCE OF 34.24 FEET; THENCE SOUTH 700 02' 03" EAST, 20.90 FEET; THENCE NORTH 1910 12' 39" EAST, 110.40 FEET; THENCE SOUTH 58° 10' 05" EAST, 20.50 FEET; THENCE SOUTH 190 12' 39" WEST, 106.18 FEET; THENCE SOUTH 70° 02' 03" EAST, 20.11 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE (RADIAL LINE THRU SAID POINT BEARS SOUTH 81° 34' 16"- EAST, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET, A DELTA OF 780 27' 47", AN ARC DISTANCE OF 34.24 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. BY: THOMAS F SCHNARS PROFESSIONAL LAND SURVEYOR FLORIDA-REGISTRATION NO. 2325 DATED: DECEMBER 6, 1979 TFS/EKK J JJITI-J .-J St:HNARS, P.A. Eng nvers - Plzinners Surveyors Exhibit "A" to that certain Easement executed by CITY NATIONAL__ BANK OF MIAMI, as Trustee, and TRACT 76 CORP., a Florida corporation, dated 514.,eA, 1980. i Ib E n ; jo 3333 C4 T.70 s� ( TJ-77 a/ iG =n� ---------------- } Co41POSITE SKETCH of LANDS IN lilloODAMON i DEV' LO"\j', y i\\I i ! S`CTION 4) TOT/1-11SH(P G9 SOUTH, RANGE G1 EAST p==? RcD BY f `l "