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Home My WebLink AboutCity of Tamarac Resolution R-80-041Introduced by: 411A Temp. # 1552 1 1 2 3 >4 6 7 8 9 10 11 12 13 14 15 16 Af8 19 20 21 22 23 24 25 26 27 28 29 so 31 32 33 34 35 36 CITY OF TXA0AC, FLORIDA RESOLUTION # R- 2.6 - �// A RESOLUTION ACCEPTING AN EASEMENT # E-25 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-25 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 February, 1980. 14AYOR I HEREBY CERTIFY that I have ap- proved the form and correctness of this RESOLUTION. 44 4,� _91/ &--%.. City Attorney CIS l [ZIC a 3: DISC R€C f 4: ' .1 �C, E A S F M 1: N T TIJIS INDENTURE made thisZ_7%I, clay of �r� 1980, between CITY NATIONAL BANK OF MIAMI , a t;ni ted States bankina 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 hart. W.j T N E S S F T it : WHEREAS, the parties of the first part are the legal titleholders of property situated in Broward County, Florida, and -described as follows: FOR LEGAL DESCRIPTION SEE' ATTACHED EXHIBIT "A", AND DFSIGNATED AS "WOODMONT NORTH GULL' COURSE, UTILITY EASEMENT #E-25 , TO BE DEEDED"; and WHEREAS, the party of the second Fart 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 Ere willing t grant such easemer.;. NOW, THEREFORE, for and in consideration of the mutual covenants each to the other- running and one dollar and otf._r good and valuable considerations, t;•ri_• ;parties of thy_ first part do }-.ereb}, grant unto tt:,� part oh f • thee s�c��;.ct part, its successors and assigns, full an i ri:jl,t ur,j a:_,'_hr)rity t ; construct, maintain, repair, instali an-i ieb,:ild undergro nc drainage and other utility ijcilitic_., including the construc- tion, digging and maintenance of municipal water well or wells, within the real property as set forth below and doe, hereby grant a perpetual easement across said property for said purposes. The real property to w!,ich this Easement applies is set forth un Exhibit "A" attached hereto and designated as "Woodmont North Golf Course Utility Easement #E-25 to bu Deeded". AND the party of the second part agrees that on its part it shall restore and replace those portions of the g if 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, including the construc- tion, digging and maintenance of municipal water well or wells, to the same condition said yolf 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. ExcE21-)t as ,ett in rant ,. •3 y 1 • i �- �� cif thc, fir:, t part, the'- s�=c ��,�sd,�,r ar,_j assic�r�s, continue to t,c,vF the full us.. and cr:�oyr,`r•t u: thv property. Tht party of the second Bart ,h,ill bear lull responsibility for the use and enjoyipent of tiie pt-up,_rty and she'! hold ti,c parties of the first part harmle-,!; fro,,, any claim of damages to persons or prc:miseis resulting from the us(-, occupancy and Possession thereof by the party of th•: 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 MIMI, d 'United States banking corporation, as Trustee, under the provisions of that certain Trust Agree- -- ment dated the 14th day o-f September, 1978, and known as Trust No. 5003183, ependen i in itsndependensolely in its capacity as Trustee and not t 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. 5003103. IN WITNESS WHEREOF, the parties of the first part hereunto have caused these presents to be executed this day of _ , 1980, In presencfr of: • ASTATE OF FLORIDA ) SS: COUNTY OF DADS CITY NATIONAL RANK OF MIAMI, a United States banking corpo- ration, as Trustees under tnE: provisions of that certain Trust Agreement dated the 14tF. 4y of September, }r wn a: Tr St 1978, and Number 5003183 TI cc 2 Vice President orporare Trust' Officer i, THE l.NDLRSIGNLU, an otf lc(•r (July authurizt_�cj to take and certify acknowledgments of instruments in said Scate anj -2- E a 6 County, hereby certify that before me came CLIFFORD L. NORN ,as Senior Vice President, and _LL-,, j�, j'.; NE GO 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 officerE 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 tc:•_ 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 sea-1--at Miami, Dade County, Florid&, this =-7i7-f day of rr-r3n•v-, 1980. My COMMission Lxpirt_•s: `otary Public, State of Florida at Large Nay irommissior, Expires March 11, 1983 STATE OF FLORIDA ) SS: COUNTY OF BROW ARD ) j T RY PLJBT,IC, State of Florida t At La rgc W. �,•�y�E. o �''• CF �LG Q r,0 .I IM iiitr�1�t� I, THE: UNDERSIGNED, an officer duly authorized to take and certify acknowledgments of instruments in said State and County, hereby certify that before me cam(- t� E„n as )�_�.k.es.J�� , 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 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 State last aforesaid, this; day ()f My Commission Ex,)ir;:,s: �' MJt•1U;D IIiR:J GEN_F_4� � r, ..,.�i e.. R :�, �n the County and NU'1'11PY PUBLIC, State of F1oL it?a At Large -3- 11 I [7 WOODMONT UTILITYNORTH GOLF GOURSE ENT #E 25 TO BE DEEDED A PORTION OF TRACT C, LAND SEC. 4 GOLF COURSE PLAT, AC- CORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 88, PAGE 20, OF THE PUBLIC RECORDS OF BROWRD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID TRACT Cl THENCE NORTH 89" 33' 35" WEST, ALONG A NORTHER- LY BOUNDARY OF SAID TRACT C, A DISTANCE OF 279.91 FEET; THENCE SOUTH 020 33' 35" EAST, 488.64 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE NORT-HWEST, HAVING A RADIUS OF 95.00 FEET, A DELTA OF 88" 09" 11", AN ARC DISTANCE OF 146.16 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 15" 02' 43" WEST, 286.98 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE (RADIAL LINE THRU SAID POINT BEARS SOUTH 17" 28' 22" EAST); THENCE WESTERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1020.00 FEET, A DELTA OF 01" 20' 33", AN ARC DISTANCE OF 23.90 FEET; THENCE NORTH 15" 02' 43" EAST, 293.66 FEET; THENCE FORTH 87" 26' 25" EAST, 17.94 FEET; THENCE EASTERLY A- LONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE NORTH, HAVING A RADIUS OF 95.00 FEET, A DELTA OF 01" 50' 49", AN ARC DISTANCE OF 3.06 FEET TO THE POINT OF BEGIN- NING. SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. PREPARED BY: THOMAS F. SCHNARS PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NO. 2325 DATED: DECEMBER 6, 1979 REVISED: FEBRUARY 18, 1980 UTILITY EASEMENT E-25 u C0.%lP0SjlTLE SXETCH OF LAjNDS IN \jV00Dilvl0,%lT DE-VE,-L0lPjmEf\4T SECTION 4) TO'09fiNS-Lil. 49 SOUTH) RAi\G E 15A5 T PPZ;1-17�-D BY