HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-308Temp. Reso. #9182
October 16, 2000 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- 3 Q 3'
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS
EASEMENT WITH ADVANCE BUSINESS ASSOCIATES,
L.L.P. FOR THE CITY FURNITURE PROJECT, LOCATED ON
THE WEST SIDE OF HIATUS ROAD JUST SOUTH OF
McNAB ROAD, TO PROVIDE PROPER ACCESS TO THE
PROPERTY FOR MUNICIPAL SERVICES SUCH AS UTILITY,
CANAL, FIRE AND POLICE PROTECTION, EMERGENCY
AND OTHER PUBLIC SAFETY SERVICES; AUTHORIZING
AND DIRECTING THE CITY CLERK TO RECORD SAID
DOCUMENT IN THE PUBLIC RECORDS OF BROWARD
COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Advance Business Associates, L.L.P., is the Developer of the City
Furniture Project located on the west side of Hiatus Road just south of McNab Road (a
copy of which is attached hereto in map form as "Exhibit 1 "); and
WHEREAS, a Blanket Public Safety Ingress/Egress Easement is required by City
Code Section 24-580 (1)(3)(a), to provide proper access to private property for municipal
services; and
1
Temp. Reso. #9182
October 16, 2000 2
WHEREAS, Advance Business Associates, L.L.P., has offered a Blanket Public
Safety Ingress/Egress Easement to the City of Tamarac for the City Furniture Project; and
WHEREAS, it is the recommendation of the Director of Utilities that the Blanket
Public Safety Ingress/Egress Easement with Advance Business Associates, L.L.P., be
approved and executed for the City Furniture Project; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to accept and execute
a Blanket Public Safety Ingress/Egress Easement with Advance Business Associates,
L.L.P., for the City Furniture Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution.
SECTION 2: The appropriate City Officials are hereby authorized to accept
and execute a Blanket Public Safety Ingress/Egress Easement (a copy of which is
attached hereto as "Exhibit 2") with Advance Business Associates, L.L.P., for the City
Furniture Project, located on the west side of Hiatus Road just south of McNab Road.
SECTION 3: The City Clerk is hereby authorized and directed to record
said document in the public records of Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
E
1
Temp. Reso. #9182
October 16, 2000 3
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this a - day of
2000.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I have
BDDroved this RESOLUTION as
to.form
RG/krs/dml
ITCHELL S. N
CITY ATTOR
61 JOE SCHREIBER
MAYOR
RECORD OF COMM"ION VOTE
MAYOR SCHREIBER
DIST 1: COMM. PARTNER Q
ITT a" COMM. MISHKIN
DIRT S: COW. SMTANOR,04�
DIIST 4: VIM ROOERTS ,ak
EXHIBIT 1
TEMP. RES4. # 9182
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CITYWFURN_EX,DWG
CITY FURNITURE
BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT
1 '
"Exhibit 2"
TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
PROJECT: _ city Furniture _
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
day of Twfe— .1,9Ov_, by Advance Business Associates L410
having an address of 251 International Parkway,.Sunrise, Florida 33325
(the "Grantor"), and the City of Tamarac, a Florida municipal corporation
having an address at 7525 Northwest 881h Avenue, Tamarac, Florida 33321 (the
Grantee").
WITNESSETH
WHEREAS, Grantor is the fee simple owner of the real property described on
Exhibit "A", attached hereto (the "Property"); and
WHEREAS, Grantor desires to create a non-exclusive easement in favor of
Grantee for ingress and egress over the property, as indicated on Exhibit "A", upon the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) paid to
Grantor, the receipt and adequacy of which is hereby acknowledged, and for other good
and valuable considerations, Grantor does hereby create, establish and grant this
Blanket Ingress and Egress Easement to Grantee for the specific purpose of access by
Grantee, for Grantee to provide municipal services to the above -described property
such as services to existing utilities, maintenance to. existing canals, fire protection,
police protection, emergency and other public safety services,
981208 1 Blanket Public Safety IngresslEgress Easement
It is acknowledged that Grantor, or its successors, intends to construct 659,659
SF Retail Buildia& and other improvements upon the above -described property, and
nothing contained herein shall be deemed to prohibit or restrict Grantor or its
successors from constructing any buildings or improvements upon the property, subject
to the requirements of Grantee or any other controlling governmental authority, and
upon the construction of any building and improvements upon such property, the
easement created hereby shall be subject to such improvements as are constructed
and shall be used by Grantee in a manner which is consistent with the buildings and
improvements constructed upon the property and which, to the extent possible, will
minimize interference with and will be compatible with the construction and use of said
buildings and improvements.
The provisions of this easement shall be binding on the parties hereto and the
respective successors and assigns as a covenant running with and binding upon the
servient estate.
This easement shall not be released or altered without consent of the Grantee.
981208 2 Blanket Public Safety Ingress/Egress Easement
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written. i , t
(GRAN O) A a e Business Associates U f
(Partnership)
By:
Type Name Kevin Koen General. Partner
STATE OF FLORIDA
SS
COUNTY OF W
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the C urity afo es id rake acknowledgments, personally
appeared f me known to Pa�' the person(s)
described in and who executed th foregoing instrument and _ �^ �-! acknowledged
before me a that �� executed the same.
WITNESS my hand and official seal this --Iz_ day of v A-,
Pea--
ARNOLD A. BROWN
a. a Cornm. No, CC 571834
M Comm In Y . Exp. Oct, 27, 2000
Banded thru Pichard Ins. Agcy.
r
()o Personally known to me, or
( ) Produced Identification
N TARY P IC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( } DID take an oath, or O DID NOT take an oath.
981208 3 blanket Public Safety IngresVEgness Easement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
By:
Marion Swenson, C7MC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Jo reiber
Ma
Date:
Je y L. r
City Manager
Date: / ), 611
a
Kraft,
: SS [City Attorney V
COUNTY OF &WWI* :
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County foresaid to take acknowledgments, personally appeared
ZY-or S tbd�.+ TeFF L. M;I* me known to be the person(s) described in and
who executed the foregoing instrument and T acknowledged before me and
under oath that l� executed the same.
WITNESS my hand and official seal this SSA day of _pec-ernOerR, ,
2000.
Personally known to me, or
) Produced identification
NOT�Y PUBLIC, State of Florida
at Lar e
JUNE A WHITE
ARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC775720
(NaMe bf Notary PubliU: Print, tamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( AMID NOT take an oath
981208 4 Blanket Public Safety Ingress/Egress Easement
r
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
do hereby affirm that I am ttio G 4bq-1
of and that I have executed a Blanket
Public Safety Ingress/Egress Easement with the City of Tamarac for t'
project and that I am the owner of the properly covered by
said Blanket Public Safety Ingress/Egress Easement.
There are no mortgages held on the property, which is the subject of said Blanket
Public Safety Ingress/Egress Easement,
FURTER F
?,��V� i� (Sigi
This _(r day of
STATE OF FLORIDA
SS
COUNTY OF-Aro-W
MM41001►lr111111
ature)
HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State of repaid a d in the County aforesaid to take acknowledgments, personally
appeared �r-t,,. /7 flA t to me known to be the person(s)
described in and who execJid the foregoing instrument and ��acknowledged
before me and under oath that �Y executed the same.
WITNESS my hand and official seal this 4 day of �w•rc.�-
b� a'
ARNOLD A. BROWN
Comm. No. CC 571834
' My Comm. Exp. Oct. 27, 2000
Sonded thru Pichard Ins. Agcy.
/ " Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
(y ) DID take an oath, or ( } DID NOT take an oath.
981208 5 Blanket Public Safety Ingress/Egress Easement
CITY t*Z1XAlfTUJe-E
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( .I TRACT S.PG c02 PBCR) K:\014941\CG-WLEG3 SHEET 1 OF 2 SHEETS
SCHWEBKE—SHISKIN & ASSOCIATES,INC.
LAND PLANNERS • ,CNCINECRS • ARCEITBCTS • LAND SURVIYORS • 3240 CORPORATE FAY • MIRAMAR, FLORIDA 33025
ORDER NO. 190WO PREPARED UNDER BY SUPw _..BB1 pN�.- __LBjfQ7
DATE: 04-18-00
SECRETARY -TREASURER
THIS IS NOT A 7AND SURVEY" AiFONSO C. TELLO, P.L.S. #2978 (STATE OF FLDR1DA)
Legal. Description of Overall City Ft1r aiture Site:
POR77OA6 OF TRACTS 5, 14 15 AND ROAD RESERVA77ONS IN THE NORTH 112 OF SECTION 7, TOWAMP 49 SOUTH,
RANGE" 41 E45T, HORIDA FRUIT (ANUS COMPANY'S SUMMSION Na 2, ACCORDING M THE PLAT ]HEREOF; AS.
RECORDED IN PLAT BOOK 1, AT PAGE 102, OF THE PUBLIC RECORDS OF PALM 9 CFI COUj1f7Y fLDRlO4; PARCEL A;
" GOULD SOUTH; ACCORDING TO TH£ PLAT THEREOF, AS RECORDED IN PLAT B00K 159, AT PAGE" 11, PEL "C;
5 N PLAT`, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK ARC154, AT PAGE 38, BOTH OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND PD/�T/p/yS OF THE RIGHT -OF WA FOR N.W 10677! AVENUE
(HIATUS R"' AS SHOWN ON SAID ' COULD SOUTH" AND 'S & N PLAO Sq/D LANDS LYING AND BEING ,N THE CITY
OF TAMARAC, BROWARD COUNTY, fLOR/M AND BEING MORE PARACULARLY DESCR/BED AS FOLLOWS
BEGIN AT THE SDUlHEAST CORNER OF THENOR7}IWfST 114 OF -%D S£C77ON 7,,• )HENCE RUN 589"19'54 X ALONG
THE SOUTH LINE OF THE NORTHWEST 114 OF SAID SEC77ON 7, FOR 1519.67 HEET, TO A PO/NT ON THE EASTERLY
RIGHT-OF-WAY LINE OF THE S4KRASS EXPRESSWAY, AS RECORDED /N OFFIC,WIL RECORDS BOOK 12196, AT PAGE 380,
OF THE PUBLIC RECORDS OF MOWARD C011KY, FZORIDA (SAID POINT BEING ON A CURVE AND BEARS S 80-13J6ly,
FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE TFIENCE NORTHWESILY,
RIGHT, hGAV/NG A RADIUS OF 7501.15 fEET AND A CENTRAL ANGLE OF 02'04'35; FOR AN ARC DISTAL OF 2.84 ALONG A CRCUM CURVE TO THE:
FEET, TO A POINT OF COMPOUND CURVATURE,• ]HENCE CpN77NUE" NORTHWESTERLY, ALONG A CIRCULAR CURVE TO THE I
R1GFlT, HAVING A RADIUS OF 11307.16 FEET AND A CENTRAL ANGLE OF 014531, .FOR AN ARC D/STANCE OF 348.15
FEET, TO A POINT ON SAID CURVE; )HENCE ND5 i3'4311; FOR 298 D5 fEE7 TO A POINT ON A CURVE, SAID l'0/NT
BEARS S85"34'39'W, FROM lHE RADIUS PAINT OF THE NEXT DESCRIBED CURVE (LAST MENTIONED THREE COURSES
BEING CO/NCJLIENT /N PART WITH THE WESTERLY BOUNDARY LINES OF THE AFOREMEN 0 ED PARCEL A; COULD
SOUTH; THENCE NORTHWESTERLY AND NORTHERLY, ALONG A MCULAR CURVE TO THE RIGHT, HAVING A T�grJ/U5 OF
11309.16 FEET• AND A CENTRAL ANGLE OF 04,11:56: FOR AN ARC DLSTANCE OF 828.79 FEET; A A POINT OF
TANGENCY, THENCE N00'13'25'lf; FOR 249.68 FEE] (LAST MENTONED F7V£ COURSES tTEiNG COINCIDENT WITH THE
EAS7MY RIGHT-OF-WAY LINE OF THE AFORESAID .SAWG94Z LYPRESSWAY),• THENCE N8AC CON; ALONG THE NORTH
BOUNDARY LINE OF Sq/D 1T?ACT 15, FOR 57208 FEET, ]HENCE 5DD'2454'; ALONG THE EgST£l7LY BOUNDARY L/NE OF
SAID TRACT 15, FOR 331.41 FEE]; THENCE N89'28'12'; ALONG 711E NORTHERLY BOUNDARY LINE OF SAID RARCEZ A;
'GOULD SOUTH; FOR 1016.64 FEET; THENCE 500-44461, ALONG THE EASTERLY BOUNDARY OF SAID PARCEL
"COULD SOUTH, FOR 463.01 FEET, TO A POINT OF CURVATURE; 1}lENCE SOUTHERLI' ANp SdUTHEASTEIS'LY, ALONG A
CIRCULAR CURVE 1l7 THE LEFT; fLgVING A RADIUS OF 1�8.00 M7 AND A CENTRAL ANGLE OF 4139'30; FOR AN ARC
DISTANCE OF 732.89 FEEL, TO A POINT OF TANGENCY THENCE S42Z4'13"E; FOR 618.31 FEET, TO A POINT OF
CURVATURE; 7NENCE SOUTHEASTERLY, ALONG A CIRCULAR CUR
A CENTRAL ANGLE OF 04VE TO THE RIGHT; HAVING A RADIUS OF 902 00 FEET AND
58'06", FOR AN ARC DISTANCE OF 78.22 FEET, TO A POINT ON S4/D CURVE (LAST
MENTIONED THREE COURSES BMG COINCIDENT WO THE WESTERLY RIGHT OF -WAY LINE OF H147US RAID); THENCE
S89'19'541i; ALONG THE SOUTH LINE OF 711E NORTHEAST 114 OF SAID S£C77ON 7, FOR 86226 FEET, TO THE POINT I
OF BEGINNING
Subject to vacation of the portions thereof that are currently publicly
dedicated roads
Exhibit "A"
Sheet 2 of 2 Sheets
[0of�IftkNteTat &wa-M
TO: City of Tamarac, a political subdivision of the State of Florida
With the understanding that this opinion of title is furnished to
CITY OF TAMARAC, FLORIDA, and as an inducement for acceptance of a
Public Utility Easement, Water and Sewer Utility Easement, Blanket
Public Safety Ingress/Egress Easement and Utility Easement
Encroachment and Hold Harmless Agreement pertaining to all or portions
of the real property hereinafter described, it is hereby certified
that we have examined Commonwealth Land Title Insurance Company
Commitment No. FM786009 bearing an effective date of December 14, 1999
at 6:00 A.M. and Attorneys Title Insurance Fund computer printouts of
title through September 12, 2000 at 11:00 P.M. of the following
described real property:
See Exhibit "A" attached hereto and made a part hereof.
Basing our opinion solely on said title insurance commitment and
computer printouts covering said period, we are of the opinion that on
the last mentioned date the fee simple title to the above described
real property was vested in Advance Business Associates LLP
Subject to the following encumbrances, liens and other
exceptions:
1. All taxes for the year in which this opinion is rendered and
prior years.
2. Rights of persons other than the above owners who are in
possession.
3. Facts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics' or materialmens' liens.
5. zoning and other restrictions imposed by governmental authority.
"]aL"i.'J=*X 6_fi�►f
See Title Schedule -Tamarac attached hereto and made a part
hereof.
Therefore it is our opinion that the following party is the
proper party to sign the above described documents pertaining to the
above described real property.
Advance Business
Associates LLP
Owner
SPECIAL EXCEPTION
NUMBER
Not Applicable
No mortgages encumber the Exhibit "A" property. Further, each of
Keith Koenig and Kevin Koenig is a partner of Advance Business
Associates LLP, and either of them, acting alone, may bind the
partnership.
We certify that the legal description contained in this Opinion
276906.03
of Title coincides with, and is the same as, the legal description in
the proffered documents, or that the lands described in the proffered
documents are wholly included within the lands described by the legal
description attached to this Opinion of Title.
I, the undersigned, further certify that I am an attorney -at --law
duly admitted to practice in the State of Florida, and am a member in
good standing of the Florida Bar.
276906.03
Respectful submitted this 7 W day
of , 2000.
BILZIN SUMBERG DUNN PRICE & AXELROD LP
2500 First Union Financial Center
Miami, Florida 33131-2336
Phone: A (305) 374-7580
2
APold A."8'�wn, Esq.
Legal Description of Overall City Furniture Site:
PORTIONS OF TRACTS 5, 14, 15 AND RW RESERVATIONS IN THE NOR7H 112 OF SECTION 7, TOWN , 49 S0L/TH,
RANGE 41 EAST; FLDRIDA FRUIT LANDS COMPANY"5 SUBDMSIDN N0. 2; ACCORDING TO THE PLAT THER£()F, AS
RECORDED IN PLAT BOOK 1, AT PACE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,- PARCEL ',4'
GOULD SOUTH; ACCORDING TO J-HE PLAT THEREOF, AS RECORDED IN pL,gT BOOR 159, AT PAGE 11; PARCEL C"
S & N PLAT; ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 154, AT PAGE 38, BOTH OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORlL7A AND PORTIONS OF THE RIGHT -
OF WAY FOR N.W. 106TH AI�ENUE
(HG4TUS ROAD, AS SHOWN ON �4/D ' GDULD SOUTH' AND "S & N pLAT)q/p' LANDS LYING AND BEING IN THE C11Y
OF TAAl4/i;4C, BROWARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF THE NORTHWEST 114 OF S 1 SECTION 7 TiIENCE RUN 58979'S414; ALONG
THE SOUTH LINE OF THE NOR711WEST 114 OF •%D SEC77ON 7, FOR 1519.67 FEET, TO A PAINT ON THE fAST£RLY
RIGHT-OF-WAY LINE Of 77IE SgWGLZgSS EXPRESSWAY, AS RECORDED IN OF
FIC64L RECORDS BOOK 12HE AT PAGE 380,
OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (S11D POINT BEING ON A CURIE- AND BEARS S BO'13361y,
FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURIE), THENCE NORTHWESTERLY, ALONG A CIRCULAR CURVE TO THE
RIGHT, HAVING A RADIUS OF 7501.15 FEET AND A CENTRAL ANGLE FEEOF 02'04 35 ; FOR AN ARC DISTANCE OF 271.84
T, TO A POINT OF COMPOUND CURVAATURE,• THENCE CONTINUE NORTHWESTERLY, ALONG A CIRCULAR CURD£ TO THE I
RIGHT, HAVING A RADIUS OF 1130716 fEET AND A CENTRAL ANGLE OF 0145'S1 ", FOR AN ARC DISTANCE OF 348.15
FEET TO A POINT ON SAlO CURIE, TH£NCL" N05'33'431W FOR 298 05 FEET, TO A POINT ON A CURVE SAND POIN]"
BEARS S85'34',i91Y,, FROM THE RAD/US POINT OF THE NEXT DESCRIBED CURD£ (LAST MENTIONED THREE COURSES
BFING COINCIDENT IN PART WITH THE WESTERLY BOUNLI4RY LINES OF T/IE AFOREMENTIONFD PARCEL Gr)ULD
SOUTH )• THENCE NORTHWESTERLY AND NORTHERLY, ALONG A CIRCULAR CURD TO THE RIGHT, HAVING A RADIUS OF
11309.16 FEET AND A CENTRAL ANGLE OF 04'1156: FOR AN ARC DISTANCE OF 828.79 FEET, TO A PAINT OF
TANGENCY THENCE N00'13251W FOR 249.68 FEE/- (LAST M£NTIOA+ED FIVE COURSES BEING COINCIDENT WITH THE
EASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID S4WGRASS EXPRESSWAY), THENCE N892953E; ALONG Tt/E NORTH
BOUNDARY LINE OF SAID TRACT T; FOR 572.08 FEET- THENCE S00'24'54 £ ALONG THE EASTERLY BOUNDARY LINE OF
SAND TRACT 15,y FOR 331.41 FEET, THENCE N89'28'12 E; ALONG T/l£ NORTHERLY BOUNDARY LINE OF SAID P,4RCEL A ;
'GDULD SOUTH, FOR 1016.64 FEET; THENCE SOO'44'46 £ ALONG TH£ EASTERLY BOUNDARY OF SAID PARCEL CE
"GDULD SOU1H ; FOR 463.01 FEET; TO A PAINT OF CURVATURE,• 171ENC£ SpUTHERL 1' AND SpUTHEASTERI Y, ALONG A
CIRCULAR CURIE TO THE LEFT, HA14NG A RADIUS OF 1008.00 FEET AND A CENTRAL ANGLE OF 4l j9'30 , FOR AN ARC
DISTANCE OF 732.89 FEET, TO A POINT OF TANGENCY, • THENCE S42'24113E; FOR 61631 FEET, TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY, ALONG A CIRCULAR CURVE TO THE RIGH7; HA6%NG A RADIUS OF 902.00 FEET AND
A CENTRAL ANGLE OF 04 58 06" FOR AN ARC DISTANCE OF 78.22 FEET; TO A POINT ON Sq/D CUR►F (LAST
MENTIONED THREE COURSES BEING COINCIDENT WITH THE WESTERLY RIGHT -OF --WAY LINE OF HLdTUS ROAD),• 7HENCE
"OF BEGINNING.
ALONG THE SOUTH LINE OF THE NORTHEAST 114 OF SAID SECTION 7, FOR 662.26 FEET, TO THE POINT I
OF BEG/NN/NG-
Exhibit "A,"
TITLE SCHEDULE -Tamarac
1. Restrictions, dedications, easements, and non --vehicular
access lines as set forth on the plat of Gould South, recorded in Plat
Book 159, Page 11, of the Public Records of Broward County, Florida
(as to the Hoyt parcel).
2. Canal reservations in favor of the Trustees of the Internal
Improvement Fund, recorded in Deed Book 46, Page 240, of the Public
Records of Miami -Dade County, Florida, as partially released by Quit
Claim Deed recorded in Official Records Book 8865, Page 347, and in
Official Records Book 6781, Page 801, both of the Public Records of
Broward County, Florida (as to all of the Caplan and Lwin parcels, as
well as the South 15 feet of, and the East 15 feet lying south of
Hiatus Road of, the Hoyt parcel).
3. Drainage and canal reservations in favor of the Trustees of
the Internal Improvement Fund recorded in Deed Book 32, Page 404, as
partially released by Quit Claim Deed recorded in Official Records
Book 8865, Page 345, both of the Public Records of Broward County,
Florida (as to that part of the Hoyt Parcel lying within Tract 12,
limited to the South 15 feet and the East 15 feet lying southerly of
Hiatus Road).
4. Drainage and canal reservations in favor of the Trustees of
the Internal Improvement Fund recorded in Deed Book 64, Page 233, as
partially released in Official Records Book 8865, Page 343, both of
the Public Records of Broward County, Florida (as to that part of the
Hoyt parcel lying within Tract 11, limited to the east 15 feet).
5. Easement for roadway, ingress, egress and drainage recorded
in Official Records Book 3881, Page 447, of the Public Records of
Broward County, Florida (as to the Hoyt parcel).
6. Covenants, conditions and restrictions, which include a lien
in favor of Broward County that takes priority over mortgages, as set
forth in Road Impact Agreements recorded in Official Records Book
22734, Page 88 of the Public Records of Broward County, Florida (as to
the Hoyt parcel).
7. Public Utility Easements in favor of the City of Tamarac,
recorded in Official Records 29687, Page 1353 (as to the Caplan
parcel), in Official Records Book 26759, Page 917, and in Official
Records Book 30267, Page 709, re -recorded as part of Official Records
Book 30562, Page 676, and Official Records Book 30571, Page 862 (as to
the Lwin parcel), as contained in Resolution attached to Quit Claim
Deed recorded in Official Records Book 29988, Page 1780 (as to the
Caplan parcel), and as contained in Deed recorded in Official Records
Book 30562, Page 676, re -recorded in Official Records Book 30571, Page
862 (as to a portion of the Lwin parcel), all of the Public Records of
Broward County, Florida.
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8. Ordinance #86-75 recorded in Official Records Book 14030,
Page 499, of the Public Records of Broward County, Florida (as to all
parcels).
9. Restrictions (regarding use) shown on the Plat of "S. & N.
Plat", according to the plat thereof recorded in Plat Book 154, Page
38, of the Public Records of Broward County, Florida (as to a portion
of the Caplan parcel).
10. Reservations in favor of the State of Florida, Department of
Transportation, in phosphates, minerals, metals and petroleum, and the
right to drill, mine or develop same, as set forth in Deed recorded in
Official Records Book 29963, Page 632, of the Public Records of
Broward County, Florida, in respect of which any Florida Form 9
coverage shall be inapplicable. Also, restriction on transmission or
receiving devices as set forth in said Deed. Affects DOT parcel only.
11. The effects of North Section 7 Special Assessment and storm
water drainage assessments, which are not delinquent.
12. Covenants, conditions, restrictions and easements set forth
in unrecorded Conservation Easement.
13. Covenants, conditions and restrictions set forth in Water
and Sewer Developer's Agreement with City of Tamarac recorded in
Official Records Book 30726, Page 578, of the Public Records of
Broward County, Florida.
14. Covenants, conditions, restrictions and easements set forth
in unrecorded Public Utility Easement, Water and Sewer Utility
Easement, Blanket Public Safety Ingress/Egress Easement and Utility
Easement Encroachment and Hold Harmless Agreement in favor of the City
of Tamarac.
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