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Home My WebLink AboutCity of Tamarac Resolution R-80-099Introduced by:Ao W4ae�� Temp. # 1589 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- &U -99 A RESOLUTION REPEALING RESOLUTION NO. R-80-39 AND ACCEPTING CORRECTED WOODMONT GRANT OF EASEMENT E-12 FOR UNDERGROUND DRAINAGE AND UTILITY FACILITIES FOR WOODMONT NORTH GOLF COURSE WHEREAS, a scrivener's error was discovered in the legal des- cripton for Utility Easement #E-12, and WHEREAS, Council wishes to accept the corrected document for recordation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Resolution No.R-80-39 is hereby repealed and acceptance is hereby made of a corrected easement with legal description for the Grant of Easement #E-12, offered by Tract 76 Corporation and City National Bank of Miami, as Trustee #5003183, copy of easement is attached hereto as Exhibit "A". PASSED, ADOPTED AND APPROVED this the day of , 1980. ATTEST: CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this mK OR: RESOLUTION. DISTRICT 9Vw &9DISTRICT CITY ATTORNEY DISTRICT DISTRICT MA OR RECORD OF COUNCIL VOTE 1 "Roo'. E A S E M E N T THIS INDENTURE made this Z�'��day of 1980, between CITY NATIONAL BANK OF MIAMI, a UnitWd 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 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- 12, 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-12 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 go 1 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 her-eup to have cad these presents to be executed this day of se , 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 of September, 1978, and as Trust Number 5003183 O 1� z 1963 S. r Vice President F�ORIOF Corporate Trust Officer NAP STATE OF FLORIDA SS: COUNTY OF DADE TRACT 7f�/CO corpor ioq By ,.a Florida I, THE UNDERSIGNED, an officer duly authorized to take and certify acknowledgments of instruments in said State and -2- 3 w County, hereby certify that before me came . CLIFFORDL.HORMS 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 han and seal at Miami, Dade County, Florida, this Zr'--�Ck day 1980. , ,,�� »n,►►►►�,,,�� •• '•••. tl i �` NOT PU IC, St My Commission Expires: At Largi - UBLIC,:�, IVota ry Public ' , 0 •� Aly Com State of Florida at Large mission F�F Expires March 11, 1953 FLORIDP �uu 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 Lcl .';FePIF., as f/«f, PefsAPAej7- , 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 7.day of , 1980. My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT EARS MY COMMISSION EXPIRES NOV 9 19&1 BONDED 1HRU GEE Aak JN5 UntUERwR TERS 42--�.04a.d4? OTARY PUBLIC, State of Florida At Large -3- f .6jr �WOODI ONT NORTH F,01,F COURSE, UTILITY EASl;N-_'NT 4E-12 �5D- TO BE UE'E' DE' D -A PORTION OF FORT LAUDERDAI,E TRUCK FAILMS 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; TOGETHER WITH PORTIONS OF 'TRACTS A AND B OF LAND SEC. 4 GOLF COURSE PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 88, PAGE 20, OF 711E PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALL DESCRIBED AS FOLLOWS: COtiII ENCING AT THE SOUTHEASTERLY CORNER OF SAID TRACT B; THENCE WESTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT B,- A.ND THE ARC OF A CURVE CONCAVE TO THE. NORTH, LAVING 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, ;IAVING A RADIUS OF 25.30 FEET; A DELTA OF 780 58' 29", AN ARC hiSTANCE OF 34.46 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE (RADIAL LINE 'THRU SAID POINT BEARS NORTH 180 12' 53" FAST) , SAND POINT ALSO BEING THE POINT OF BEGINNING; THENCE WESTERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE TO TI1E NORTH }IAVING A RADIUS OF 1375.00 FEET, A DELTA OF 010 01' 21", AN ARC DISTANCE OF 24.54 FEET TO A POINT OF CUSP; THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 5.J0 FEET, A DELTA OF 95° 26' 33", AN ARC DISTANCE OF 8.33 FEET; THENCE TANGENT TO SAID CURVE NORTH 130 47' 42" EAST, 10.01 FEET; THENCE NORTHERLY ALONG THE ARC OF A TANGENT CURVE I3EING CONCAVE TO THE EAST HAVING A RADIUS OF 260.00 FEET, A DELTA OF 03° 50' 11", AN ARC DISTANCE OF 17.41 FEET; THENCE NORTH 58° 10' 05" WEST, 759.49 FEET; THENCE WESTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE SOUTH HAVING A RADIUS OF 280.00 FEET, A DELTA OF 260 00' 00", AN ARC' DISTANCE OF 127.J6 FEET; THENCE TANGENT TO SAID CURVE NORTH 84° 10' 05" WEST, 158.75 FEET; THENCE NORTH 00° 10' 05" WEST, 206.18 FEET; THENCE NORTH 17° 49' 55" EAST, 375.59 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 80.00 FEET, A DELTA OF 1080 00' 00", AN ARC DISTANCE OF 150.80 FEET; TIiENCE SOUTH 540 10' 05" EAST, 621.27 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE. TO THE NORTHEAST HAVING A RADIUS OF 330.30 FEET, A DELTA OF 46° 19' 55", AN ARC DISTANCE OF 266.85 FEET; THENCE TANGEN TO SAID CURVE, NORTH 79- 30' 30" EAST, 498.61 FEET; THENCE SOUTH 10° 30' 00" EAST, 167.27 FEET; TIiI;NCE SOUTH 78° 55' 15" EAST, 25.66 FEET; THENCE EASTERLY ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 310.00 FEET, A DELTA OF 040 42' 23", AN ARC DISTANCE OF 25.46 FEET TO A POINT ON THE RIGHT-OF-WAY LINE � OF THAT CERTAIN CANAL RIGHT-OF-WAY RECORDED IN OFFICIAL RECORDS BOOK 6450, PAGE 688, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 280 30' 00" SHEET 1 3F 2 Exhibit "A" to that certain Easement executed by CITY NATIONAL BANK OF MIAMI, as Trustee, and TRACT 76 CORP., a Florida corporation, dated a8 , 1980. s` WOODMONT NORTH GOLF COURSE SIC -i� -- -- UTILITY EASEMENT #E-12 TO BE DEEDED CONTINUED THRU SAID POINT BEARS NORTH 070 46' 43" EAST), THENCE WESTERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE TO THE NORTH HAVING A RADIUS OF 330.00 FEET, A DELTA OF 030 18' 02", AN ARC DISTANCE OF 19.01 FEET; THENCE TANGENT TO SAID CURVE NORTH 780 55' 15" WEST, 39.26 FEET, THENCE NORTH 106 30' 00" WEST, 160.87 FEET; THENCE SOUTH 790.30' OO's. WEST, 478.61 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF,A TANGENT CURVE BEING CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 350.00 FEET, A DELTA OF 46" 19' 55', AN ARC DISTANCE OF 283.03 FEET.; THENCE TANGENT TO SAID CURVE NORTH 540 10' 05" WEST, 621.27 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 60.00 FEET, A DELTA OF 108.° 00' 00", AN ARC DISTANCE OF 113.10 FEET; THENCE TANGENT TO SAID CURVE SOUTH.17' 49' 55" WEST, 372.42 FEET; THENCE SOUTH 00* 10' 05" EAST, 185.0'0 FEET; THENCE SOUTH 840 10' 05". EAST, 140.74 FEET; THENCE EASTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE SOUTH HAVING A RADIUS OF 300.00 FEET,.A DELTA OF 260 00' 0011, AN ARC DISTANCE OF 136.14 FEET; THENCE TAN— GENT TO SAID CURVE SOUTH 58" 10' 65" .EAST, 775.64 FEET TO A POINT OF THE ARC OF A NON —TANGENT CURVE (RADIAL LINE THRU SAID POINT SOUTH 680 27' 23" EAST); THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE BEING 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 TAN— GENT TO SAID CURVE SOUTH 140 00' 13" WEST, 10.10 FEET; THENCE SOUTHERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE WEST HAVING A RADIUS OF 25.00 FEET, A DELTA OF 16- 15' 37", AN ARC DISTANCE OF 7.09 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. KEITH AND SCHNARS, P.A. BY; THOMAS F. SCHNARS PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NO. 2325 DATED: OCT.OBER 1, 1979 REVISED: MARCH 17, 1980 I - fro-�5 - UTILITY EASEMENT 4�E-12 TO BE DEEDED COMPOSITE SKETCH OF LANDS IN WOODMONT DEVELOPMENT SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST PREPARED BY KEITH AND SCHNARS, P.A. a 1115 N.E 4TH AVENUE FCRT LAUDERDALE. FLORIDA