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Home My WebLink AboutCity of Tamarac Resolution R-78-064Introduced by J/ %°l Qirt2d�cd' Revised Temp.Reso.991 4/7/78 CITY OF TAMARAC,, FLORIDA,/ RESOLUTION NO. - 6 A RESOLUTION VACATING A GRANT OF EASEMENT RECORDED IN O.R.BOOK 7154, pages 966 thru 971, BROWARD COUNTY RECORDS, AND APPROVING A SUBSTITUTE GRANT OF EASEMENT FROM TRACT 64 TO DEDrCATED WATERWAYS IN WOODMONT GOLF COURSE. WHEREAS, City Council has been requested to vacate that certain Grant of Easement recorded in O.R. Book 7154, pages 966 thru 971, Broward County Records; and WHEREAS, City Council has received a substitute Off -Site Easement to the City for Woodmont Tract 64, which has been offered by Yehuda Ben-Arieh as Trustee, for utility facilities to provide public access to a drainage line from Tract 64 to the dedicated waterways located in Woodmont Golf Course; and WHEREAS, the City Council has received a recom- mendation by the City Engineer approving the vacation of the Grant of Easement and the acceptance of the substitute Grant of Easement which is attached hereto; and WHEREAS the City Attorney has reviewed and ap- proved the form and content of the Grant of Easement attached hereto and the City Council is now desirous of accepting said Off -Site Easement and vacating that certain Grant of Easement recorded in O.R. Book 7154, pages 966 thru 971, Broward County Records. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Grant of Easement recorded in O.R. Book 7154, pages 966 thru 971, Broward County Records, is hereby vacated and of no further force and effect. SECTION 2: That the City Council hereby accepts the substitute Off -Site Easement for Woodmont Tract 64, from 1 �1 1 Yehuda Ben-Arieh, a copy of which is attached hereto as Exhibit A. PASSED, ADOPTED AND APPROVED THIS )q DAY OF*A�_1978. ATTEST: I l Fill lioll I HEREBY CERTIFY that I have ap- proved the form and correctness of this RESOLUTION. City At'�orftey, la F. Ruf -2- MAYOR RECORD OF COUNCIL VOTE MAYOR W. FALCK�_� V/M H. MASSARO_ Q�-e C/M I. M. DISRAELLY 4e CAM M. KLIKA THIS AGREEMENT, made this 14 ` /7'1`s Instrument wns Frer , Fe rir ,SAMUEL HY SILVEiiGLA.TEEequim COURSHCN £r 3E„K, Y.A. s.. AG�6 North University Drive Tamarac, Florida 33321 - day of , 1977, by, between and among YEHUDA BEN-ARIEH, as Trustee under provisions of a certain Trust Agreement, dated November 1, 1976, and known as Trust No. 18, of the County of Cook, State of Illinois, hereinafter called "BEN-ARIEH"; the CITY OF TAMARAC, a political subdivision of the State of Florida, hereinafter called "CITY"; and SIMON ZUNAMON, as Trustee under provisions of a certain Trust Agreement, dated December 1, 1972, and known as Trust No. 101, of the County of Cook, State of Illinois, herein- after called "ZUNAMON". WITNESSETH: WHEREAS, BEN-ARIEH has heretofore granted unto CITY, its successors and assigns, under a Grant of Easement, dated June 24, 1977, filed for record August 12, 1977, and recorded in Official Records Book 7154, at Page 966 of the Public Records of Broward County, Florida, an easement or right-of-way on, over, upon, under and across the land described in Exhibit "A," attached thereto and made a part thereof by reference, for the purposes expressed therein, for the use and benefit of the land described in Exhibit "A," attached thereto, which land was owned by ZUNAMON; and WHEREAS, BEN-ARIEH, as present owner of the land described in the foregoing Exhibit "A," ZUNAMON, as present owner of the land described in the foregoing Exhibit "B" and CITY desire to terminate and cancel the foregoing Grant of Easement; and WHEREAS, BEN-ARIEH owns the land, lying and situated in the City of Tamarac, Broward County, Florida, and more particularly described in Exhibit "l," attached hereto and made a part hereof by reference; and WHEREAS, BEN-ARIEH is desirous of granting to CITY, its successors and assigns, an easement or right-of-way on, over, upon, under and across the land described in Exhibit "l," for the -1- purposes expressed below, which easement is being granted in place of the foregoing Grant of Easement; and WHEREAS, CITY is desirous of having BEN-ARIEH granting such easement or right-of-way and is willing to accept same. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows: 1. That certain Grant of Easement, dated June 24, 1977, filed for record August 12, 1977, and recorded in Official Records Book 7154, at Page 966 of the Public Records of Broward County, Florida, is -hereby terminated and cancelled and of no further force and effect. 2. BEN-ARIEH grants unto CITY, its successors and assigns, an easement under and across the land described in Exhibit "1" for the construction, operation and maintenance of underground utility facilities, to be installed from -time to time, for the use and benefit of the public; with the right to reconstruct, improve, add to, change the size of or remove such facilities or any of them; and with the right of ingress and egress on, over and upon the land described in Exhibit "1" and adjoining lands of BEN-ARIEH for the purpose of exercising the easement herein granted; provided, however, that such construction, operation and/or maintenance shall be in accordance with the then -prevailing standards, as prescribed and delineated by any and all applicable ordinances of the City of Tamarac, the County of Broward and the State of Florida; and further provided, however, that in the event any such construction, operation or maintenance damages any then -existing land surface cover and/or grading, such damage shall be repaired by the party causing or otherwise then re- sponsible for same, in accordance with the then -prevailing standards, as prescribed and delineated by any and all applicable ordinances of the City of Tamarac, the County of Broward and the State of -2- A Florida, provided, however, that, in repairing such damage, the said land shall be restored to a condition of quality at least equal to that of the said land, immediately prior to the infliction of such damage; and further provided, however, that nothing herein contained shall in any way impose any duty or obligation upon BEN-ARIEH, his successors and assigns, to construct, operate and/or maintain any of the above -described facilities. 3. BEN-ARIEH, however, for himself, his successors and assigns, reserves the right and privilege to use the land described in Exhibit "l" for all purposes for which the said land is being used by BEN-ARIEH, as of the making of this grant, including, but not limited to, all activities that are incident to the operation and maintenance of a golf course thereon. 4. ZUNAMON joins herein solely for the purpose of giving his consent to the termination and cancellation of the said Grant of Easement, referred to hereinabove in Paragraph 1, and the sub- stitution therefor of the herein contained grant of easement and for no other purposes whatsoever. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and'year first above written. In, he presence of: In the presence of: �f J In t e presence of: )) U \Ao"-A 10LA/�'' `inn : YEHVDA BED-ARIEH, as Trustee under provisions of a certain Trust Agreement, dated November 1, 1976, and known as Trust No. 18 CITY OF TAMA C, a politicial sub ivisi n of the State of Fiorida By WALTER W. FA CK .Mayor c- SIMON ZUNAMON, ustee under provisions of a c tain Trust Agreement, dated December 1, 1972, and known as Trust No. 101 -3= STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared YEHUDA BEN-ARIEH, as Trustee, to me known to be the person described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the State and County last aforesaid, this day of i,^,cE.�, �22 1977. Notary Public, State of Illinois My commission expires : X) i-_-, moo, i%7 • STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personall appeared SIMON ZUNAMON,.as Trustee, to me known to be the person described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in' the State and County last aforesaid, this /�//t/ day of �2 1977. Notary Public, State of Illinois My commission expires: efJ -l1?7j STATE OF FLORIDA ) ) SS. COUNTY OF BROWARD) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared WALTER W. FALCK, known to me to be the MAYOR of the CITY OF TAMARAC, and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said CITY OF TAMARAC. WITNESS my hand and official seal in the State and County last aforesaid, this aD day of , 1973. Notary P lic, State o- Florida C My commission expires: at large �, / �'P Approved as to form: Alan Ruf, A Ling City Attorneys Tamar LA K C -- I— I TR Ln-N,n ,5EC. 4 45 OLF, j CDURSF Aj,Ely Corr Lo-fI3 _ Pn.;Ez. Lo7- 1 G S.EIy Cor. Loi 13 N o Lo-'C 3 4- � -iRt�.CT 2 81ock o//ve Drlve PLA 7— G4 c9.5-40) ti' C T V i _ _ ..our -se Plat, as ' _ cccrdec in o, ti.e Public Recor,is of Broward i County, Florida, deaS yollo;as: ♦1 a+ + T- p �' '. •-, P �., r n r f Tot 1 r Co.:.�erci..g 4„ ,,..,. ��:�._ ca. e� o �,,,, .�„ according to the Fiat of Woodmont Tract 64, ac r ecorca e i Flat Pook 95 at Page 40 of the Public Records of Broward Coun: 7 , H_ _cr-a ya; thence run _ orth 110 01' 52" West (on an assumed bearing' 110feet to the lortheast corner of said Lot 13, said Northeast corner be1nj the Point of Beginning of a strip of land 12 feet in width, lying 6 feet on either side of the following described centerline; thence run 'north 4611 40' 11" Bast 65.22 feet; thence run Forth 60 45' 29" West 300 feet, Lore or less, to an intersection'with the Souther boundary of the Lake, as ceccribed on the instrument filed in Official Reco 'ook 6450 at Page 688 of the Public Records of Broward County, Florida, and the terminus of said centerline. It Said lands situate -n the -City of Tamarac, Broward County, Florida. By riinn'Lngham &Lively, Inc. 1040 N .E. 45th Street Ft.Iauderdale, Florida _ EXHIBIT "1" )1-4.77 _