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Home My WebLink AboutCity of Tamarac Resolution R-80-047Introduced by: L,, 2"A '7� � � TOW. # 1554 1' ll' 3 4 5 a, 8 9 10 11 12 13 14 15 16 g 17 199 20 21 22 23 24 25 26 27 28 29 0 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION # R - ?d - " A RESOLUTION ACCEP17ING AN EASE,= # E-36 FOR UNDERGROUND DRAINAGE AND UTILITY FACILITIES FOR WOO� NORTH GOLF GOURSE SECTION 1: That the Grant of Easenmt#E-36 for underground drainage and utility facilities on Woocl ont 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'.Z�2'a� day of February, 1980. OR ATTEST: City Glerk I HEREBY CERTIFY that I have ap- proved the form and correctness MAYOR: of this RESOLUTION. DISTRU . (� IC City Attorney D I S I r DI ;Y' I w. €DECO: ' OF COUNCIL VOTE E A S E M E N T THIS INDENTURE made this -LWday of v T�3•�'`'�� , 1980, between CITY NATIONAL BANK OF M:iAMl, a United State bankinc.. 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 h 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 GULF COURSE, UTILITY EASEMENT #E- 36, 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 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-36 to be Deeded". AND the party of the second part agrees that on its part it shall restore and replace those portions of the gulf 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 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, anO known as Trust No. 500312". IN WITNESS WHEREOF, the parties of the first part hereunto have caused these presents to be executed this day of 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 ay of September, 1978, and NAt ,� n a: Tru Num r 1001181 Z / of%\ �.;2 1963 nior Vice President \ SEA\- T ; \ x ail F� 0 R IID Corporate Trust Officer TRACT 7 OR ., Florida corpor o BY — ,f STATE OF FLORIDA ) ) 5 S : COUNTY OF DADE ) I, THE UNDERSIGNED, an officer duly authorized to take and certify acknowledgments of instruments in said State and -2- P�A County, hereby certify that before me cable CLIFFORD L. HORN as 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 t Miami, Dade County, Florida, this _2Z.f day of 1980. NOT AIC, State of Flor4A,1I►,,,, My Commission Expires: At Large ��yG� W. Notary Public, State of Florida at Large My Commission Expires Afarcn 11, 1983 = G T A R ° STATE OF FLORIDA ) ,,,��'',�FFLOR1l7PP��•`t, SS: '''�u►►►n►►v►• 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 S%yt'n 4.4 g**PL£ as iliCt $9,«sib.447- , 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 n the County and State last aforesaid, thise�� day of�bl 1980. My Commission Expires: M7T ARY ►LOK I C 5 d A 1'£ Cyr f Lot d Die .A T (A" MY COMMIS1,1C7r. EYPiki`, A,.?_� o I4Ri `CJNIJLD rHRU GEN-__P_AL I e, O;��LRbvRt ER5 �OT�ARY PUBLIC, State of Florida At Large -3- WOODMONT NORTH GOLF COURSE UTILITY EASEMENT #E-36 TO BE DEEDED A PORTION OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT `HEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF TRACT B OF LAND SEC. 4, GOLF COURSE PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 88, PAHGE 20, OF THE PUBLIC RECORDS OF BROWARD COUNTY, ..FLORIDA; THENCE WESTERLY 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 03" 35' 25", AN ARC DISTANCE OF 87.42 FEET TO A POINT OF CUSP; THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 25.00 FEET; A DELTA OF 95' 26' 33", AN ARC DISTANCE OF 41.65 FEET; THENCE TANGENT TO SAID CURVE, NORTH 13' 47' 42" EAST, 10.01 FEET; THENCE NORTHERLY ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 240.00 FEET, A DELTA OF 07" 32' 24", AN ARC DISTANCE OF 31.58 FEET; THENCE NORTH 58' 10' 05" WEST 334.12 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 58' 10' 05" WEST, 20.44 FEET; THENCE NORTH 19' 57' 57" EAST, 32.80 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 100.00 FEET, A DELTA OF 94" 02' 03", AN ARC DISTANCE OF 164.12 FEET; THENCE TANGENT TO SAID CURVE SOUTH 66' 00' 00" EAST, 401.98 FEET TO THE POINT OF BEGINNING; SAID POINT ALSO BEING A POINT ON THE ARC OF A NON -TANGENT CURVE (RADIAL LINE THP.0 SAID POINT BEARS SOUTH 03" 15' 40" EAST); THENCE EASTERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE TO THE SOUTH, HAVING A RADIUS OF 200.00 FEET, A DELTA OF 20' 03' 01", AN ARC DISTANCE OF 69.99 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTLY ALONG THE ARC OF A TANGENT CURVE BENG CONCAVE TO THE NORTHWEST, HAV- ING A RADIUS OF 80.00 FEET, A DELTA OF 78" 17' 22", AN ARC DISTANCE OF 109.31 FEET; THENCE TANGENT TO SAID CURVE NORTH 28' 30' 00" EAST, 502.52 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE (RADIAL LINE THRU SAID POINT BEARS SOUTH 84" 56' 25" WEST); THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE TO THE WEST, HAVING A RADIUS OF 120.00 FEET, A DELTA OF 33" 33' 351101 AN ARC DISTANCE OF 70.29 FEET TO A POINT ON THE RIGHT-OF-WAY OF THAT CERTAIN CANAL RIGHT-OF-WAY, RECORDED IN OFFICAL RECORD BOOK 6450, PAGE 688, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA KEITI-I of SCIINARS, P.A. Engineers - Planners - Surveyors L I PAGE 2 - T40ODMONT NORTH GOLF COURSE UTILITY EASEMENT #E-36 TO BE VACATED THENCE ALONG SAID RIGHT-OF-WAY LINE AND TANGENT TO SAID CURVE SOUTH 28' 30' 00" WEST, 436.18 FEET; THENCE SOUTH- WESTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 100.00 FEET, A DELTA OF 85" 30' 00", AN ARC DISTANCE OF 149.33 FEET; THENCE TAN- GENT TO SAID CURVE NORTH 669 00' 00" WEST, 56.46 FEET TO THE POINT OF BEGIN^LING. SAID LANDS LYING IN•THE CITY OF TAMARAC BROWARD COUNTY, FLORIDA. PREPARED BY: THOMAS F. SCHNARS, PLS FLORIDA REGISTRATION #2325 DATED: FEBRUARY 21, 1980 KEITH SCHNARS, P.A. En4ineers - Planners - Surveyors UTILITY EASEMENT E-36 C4,141POSITE SXE T CH of LANDS IN `NOOD1f ONT DLVEL 01"WENT SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST PREPAREEO BY KErrH ANO SCHNARS,?A_ V15 N.E 4TH avEvUE FORT LAUDER DALE, FLORI DA • OcC�lA3nR13T3