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Home My WebLink AboutCity of Tamarac Resolution R-80-046Introduced by: �IlAq Tom, # 1553 ' 1 2 3 4 f 5 7 8 9 10 11 12 13 14 15 16 17 711 20 21 22 23 24 25 26 27 28 29 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION # R- Y.0 - A RESOLUTION ACCEPT m AN EASE= # E-35 FOR UNDERGROUND DRAINAGE AND UTILITY FACILITIES FOR WOO� NORTH (GOLF COURSE. . SECTION 1: That the Grant of Easement,# E-35 for undergra and 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. MAYOR I HEREBY CERTIFY that I have ap- proved the form and correctness of this RESOLUTION. M,�^ '`: `: - ,... ,..,T City Attorney DIS;.3.KCT Ji 1C1L VOTE SIP I E A S E: M E N T THIS INDENTURE made this 2-7174 day of T7r=Nr4- m-rLA ,_ 1980, between CITY NATIONAL BANK OF MIAMI, a United 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 1iarties 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-35 , 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, including the construc- tion, digging and maintenance of municipal water well or wells, within the real property as set forth below and doer. 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-35to 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, including the construc- tion, digging and maintenance of municipal water well or wells, 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 shell bear full responsibility fur the use and enjoyment of the prop(_!rty and shall hold the I parties of the first part harmle!:s fro►n 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 hehalf of CITY NATIONAL BANK OF MI4MI, 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. 5003123. IN WITNESS WHEREOF, the parties of the first part hereunto have caused these presents to be executed this day of 1 ems,)? _ 1980. In presence of: '00, Xj p L 84 CITY NATIONAL BANK OF MIAMI, a United States banking corpo- ration, as Trustee under the provisions of that certain Trust Agreement dated the 14th ay of-'Sept(-_mber, 1978, and wn ZaTt Nu ber 1003183 TWO EA, M - F�0RIDP a� STATE OF FLORIDA ) ) SS. COUNTY OF DADf ) enior Vice President Corporate Trust Officer TRACT 76 OR P , Florida corpor ion By PIP. / ip I, THE UNDERSIGNED, an oilicer duly authorized to take and certify acknowledgments of instruments in said Slate and -2- I County, hereby certify that before me came as Senior Vice President, and L,2, 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 se this _ 1 '7 T�4 day of f r3rt My Commission Expires: Notary Fub6c, State of Florida at Large My Commission Expires Match 11, 1983 STATE OF FLORIDA ) ) SS. COUNTY OF BROW ARD ) at Miami, Dade County, Florida, , 1980. LIC, State of Floriiau��n,,, At Large • • NOTARye*t '•,, tLORIDP �•` 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 57yA&Cg W. _, as I%lGF, piC_�S/b$pt?— , 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 the County and State last aforesaid, this day of 1980. N TARY PUBLIC, State of Florida My Commission Expires: At Large MpIARY ttiBt�� SiaC4 My CO'"lAISS10'd E'•ftJ.C`.WkiERS BpNDtD itiRU GEN,RAI N+i UN:;kR =19 WOODMONT NORTH GOLF COURSE UTILITY EASEMENT ;#E-35 TO BE DEEDED A PORTION OF TRACTS 4 AND 5, 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, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY AND WESTERLY CORNER OF TRACT D 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 28" 30' 00" EAST, ALONG THAT CERTAIN CANAL RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORD BOOK 6450, PAGE 688, OF THE PUBLIC RECORDS OF BROWRD COUNTY, FLORIDA, 21.26 FEET; THENCE NORTHERLY ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 380.00 FEET, A DELTA OF 28" 03' 35", AN ARC DISTANCE OF 186.10 FEET; THENCE TAN- GENT TO SAID CURVE, NORTH 00" 26' 25" EAST, 72.90 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT CURVE CON- CAVE TO THE SOUTHEAST, HAVING A RADIUS OF 100.00 FEET, A DELTA OF 90" 00' 00", AN ARC DISTANCE OF 157.08 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 89" 33' 35" EAST, 650.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A TAN- GENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 200.00 FEET, A DELTA OF 57" 33' 35", AN ARC DISTANCE OF 200.92 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 32" 00' 00" EAST, 373.91 FEET; THENCE SOUTH 87" 00' 00" WEST, 22.87 FEET; THENCE NORTH 32" 00' 00" WEST, 362.82 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF A TANGENT CURVE. BEING CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 180.00 FEET, A DELTA OF 57" 33' 35", AN ARC DISTANCE OF 180.83 FEET; THENCE TANGENT TO SAID CURVE NORTH 89" 33' 35" WEST, 650.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A TAN- GENT CURVE BEING CONCAVE TO THE SOUTHEAST ALONG A RADIUS OF 80.00 FEET, A DELTA OF 90" 00' 00", AN ARC DISTANCE OF 125.66 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 00" 26' 25" WEST, 72.90 FEET; THENCE SOUTHERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE WEST, HAVING A RADIUS OF 400.00 FEET, A DELTA OF 28" 03' 35", AN ARC DISTANCE OF 195.89 FEET; THENCE TANGENT TO SAID CURVE SOUTH 28" 30' AO" WEST, 21.26 FEET; THENCE NORTH 61" 30' 00" WEST, 20.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. PREPARED BY: THOMAS F. SCHNARS, PLS FLORIDA REGISTRATION #2325 DATED: FEBRUARY 21, 1980 TCT:TTU J QPLINTA'Rq TD A 1r....:........� 7U1..,,,, ral\7..1�4'l�MG• UTILITY E 11 C0ti1POSITE SKETCH OF LAiNDS IN WOODMON T DEVELOPMENT SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST PREPARED BY KsrTH AND i&MARS,PA. 1115 KE 4TH AVENUE FORT LAUDERDALE. FLORIDA oEce�aa�R.�9�a