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Home My WebLink AboutCity of Tamarac Resolution R-80-043Introduced by:�� D TEMP. NO. /-5/ % 1 2 3 4 ii 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION R 90 - �3 A RESOLUTION ACCEPTING AN EASEMENT # 4 -A! 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- 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: ITY CLE I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. CITY ATTORNEY DIS T' DIt;46'� DIS7rZC I E A S E M E N T THIS INDENTURE made this L Lday �1980, between CITY NATIONAL BANK OF MIAMI, a Uri ed 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 c 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 DESIGNATED AS "WOODMONT NORTH GOLF COURSE, UTILITY EASEMENT #E-31, 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-31 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 6 0 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 cau ed these presents to be executed this / day of r % -� _ , 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 day of September, 1978, and $ wn as Tru t Number 5003183 1,a 'J`� j ` '1963 ' for Vice President ' Corporate Trust '— F�041DP Officer TRACT 7 CORJP., a Florida torpor ion , L By i 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- • 9 County, hereby certify that before me came CLIFFORDL•HORN , as Senior Vice President, and DAVID R(.(71\lr,0 , as Corporate Trust Officer, of CITY NATIONAL BANK ZV 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 this j:� 4, day of My Commission Expires: seal a NOTARY Notary Public, State of Florida at Large My Commission Expires Pv+arch 11, 1983 STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) Miami, Dade County, Florida, 1980. •� � bv. T� ''�, l ,1 • • s UBL# C, State V E1,6 i4a rK y=. At Large _ • :• +7 U C •� 'u . i�r�tt4 `ut O P,,�� 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 5lJfis� [.c! •pj®C£ , as [LZe s , 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 09,tccA2 1980. cLi OTARY PUBLIC, State of Florida My Commission; Expires: At Large NOTARY PUBLIC STATE OF FLORIDA AT LARGE >' MY COMMISSION EX➢I RES NOV 9 19F I BONIDED THRU GENERAL INS r �j -3- ')�� 50f�0 _�( 3 I 1 I f WOODMONT NORTH GOLF COURSE UTILITY EASMENT #E-31 TO BE DEEDED A PORTION OF FORT LAUDERDALE TRUCK FARMS 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 MOST NORTHEASTERLY CORNER OF TRACT C OF LAND 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 NORTH 890 33' 35" WEST, ALONG A NORTHERLY BOUNDARY OF SAID TRACT C, A -DISTANCE OF 2664.52 FEET; TO THE POINT OF BE- GINNING; THENCE SOUTHWESTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET, A DELTA OF 78° 27' 47", AN ARC DISTANCE OF 34.24 FEET; THENCE NORTH 89° 33' 35" WEST, 61.01 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE ( RADIAL LINE THRU SAID POINT BEARS SOUTH 780 54' 12" WEST); THENCE NORTHWESTERLY .ALONG THE ARC OF SAID CURVE BEING CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 25.00 FEET, A DELTA OF 780 27' 47", AN ARC DISTANCE OF 34.24 FEET TO A POINT OF CUSP; THENCE TANGENT TO SAID CURVE SOUTH 89° 33' 35" EAST, 110.00 FEET TO THE POINT OF BEGINNING 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 TFS/EKK KEITII a-J SCIINARS, P.A. Er oineers - Ylan iers - Surveyors _ Exhibit "A" to that certain Easement executed by CITY NATIONAL BANK OF MIAMI, as Trustee, and TRACT 76 CORP., a Florida corporation, dated %yite.e�,2.t+f a,� 1980 UTILITY EASEMENT E -31 VZ 74 Till 71 x t a x. ti i t � Ti20 sr:ie _. 1 �- 72a rr�r 77.; t CO '01POSiTE S'C-\ETCN OF SECTION 4, TO'��NSHlP 49 SOUTH, RANGE,!;'I EAST PjD=? R=o BY