HomeMy WebLinkAboutCity of Tamarac Resolution R-97-060Temp. Reso. # 7657 January 22,1997 1
CITY OF TAMARAC
RESOLUTION NO. R-97 w C)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
"TAMARAC WATER AND SEWER UTILITY EASEMENT"
WITH JOHNVINCE FOODS, INC., FOR THE JOHNVINCE
APARTMENTS PROJECT LOCATED ON THE NORTHEAST
CORNER OF MCNAB ROAD AND NW 70TH AVENUE;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Site Plan for the Johnvince Apartments Project located on the
northeast corner of McNab Road and NW 70th Avenue (shown in map form as "Exhibit 1")
was approved by City Commission on September 27, 1995; and
WHEREAS, the development of the Johnvince Apartments Project required the
installation of a Water Distribution System and Sewage Collection System; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution and Sewage Collection System on the Johnvince Apartments Project; and
WHEREAS, Johnvince Foods, Inc., as the owner of the property, has offered the
"Tamarac Water and Sewer Utility Easement" for water mains, water services, fire
hydrants and sanitary sewers; and
Temp. Reso. # 7657 January 22,1997 2
WHEREAS, it is the recommendation of the Director of Utilities that this easement
from Johnvince Foods, Inc., be accepted and executed for the Johnvince Apartments
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 execute a "Tamarac
Water and Sewer Utility Easement" with Johnvince Foods, Inc., for Johnvince Apartments
Project required for the installation, maintenance and operation of Water Distribution and
Sewage Collection System.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
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 "Tamarac Water and Sewer Utility Easement" with Johnvince Foods, Inc., for the
Johnvince Apartments Project (attached hereto as "Exhibit 2") to allow legal access to City
Utility Personnel to perform their duties, including utility installation, maintenance and
operation.
SECTION 3: The City Clerk is hereby authorized and directed to record said
Agreement in the public records of Broward County.
Temp. Reso. # 7657 January 22,1997 3
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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 day of c, 1997.
JOE SCHREIBER
MAYOR
ATTEST: -
CAROL A. EVANS, CMC
CITY CLERK
RECORD OF COMMISSION VO
I HEREBY CERTIFY that I have MAYOR..,,[, o
approved this RESOLUTION as DIST
too DIST ►
DIST 3:
MItCHELL S. KRAFT d1ST4�
CITY ATTORNEY
Utilities/dav/aml
1
Prepared By:
Record and Return To:
Mitchell Kraft, Esquire
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321
TAMARAC UTILITIES WATER & SEWER UTILITY EASEMENT
FOR JOHNVINCE APARTMENTS
On this Z.G day of IfAA-4# _ , 19 Yam, that JOHNVINCE FOODS, INC., a
Florida corporation, having an address of O -r O P
(hereinafter "Grantor"), expressly grants an easement to the
CITY OF TAMARAC, a municipal corporation having an address as 7525 Northwest 88th Avenue,
Tamarac, Florida 33321, (hereinafter 'Grantee"), subject to the following provisions and in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid
by Grantee to Grantor, receipt of which is hereby acknowledged by both parties..
Grantor is the fee simple owner of that parcel of real property, a legal description and sketch
of which is attached hereto as Exhibit "A", and incorporated by reference herein (hereinafter the
"Servient Estate").
Grantor hereby grants, bargains and sells to Grantee, its successors and assigns, a
perpetual easement under, over and upon a portion of the servient estate, a legal description of
which is attached hereto as Exhibit "B" and incorporate by reference herein (hereinafter the
"Easement Area").
Grantee may use the Easement Area for the laying, installing, maintaining, operation and
altering of water lines and appurtenant facilities, sewer lines and appurtenant facilities, as well as
for surface water storm drainage, and for other comparable public utility purposes.
Grantee's right to utilize the Easement Area shall be exclusive to the extent that Grantor shall
grant no easement or license, nor make any covenants, having the effect of permitting use of the
Easement Area by one other than Grantee, except Grantor may furnish an easement to Florida
Power and light, BellSouth, Sunrise Gas or franchised cable TV that crosses this Easement at right
angles.
Grantor may, for its own purposes, utilize the Easement Area and shall retain a right of free
ingress and egress under, over and upon the Easement Area; provided that, in no event, shall any
of the rights herein reserved to Grantor impede the Easement herein or the exercise of the rights
thereunder.
Grantor shall have the right to remove any natural or man-made obstructions placed on the
easements which impede the easement herein granted or the exercise of the rights thereunder.
0 Grantor grants to Grantee, a perpetual non-exclusive easement upon the Servient Estate
whereby Grantee shall have reasonable access necessary to fully exercise Grantee's rights within
the Easement Area.
•
11
The provisions of the Easement shall be binding on the parties hereto and their respective
successors and assigns as a covenant running with and binding upon the Servient Estate.
This Easement shall not be released or amended without consent of the Grantee as
evidenced by a document signed with the same formalities as this document.
Grantee shall record this document int he Public Records of Broward County, Florida.
This instrument contains the entire agreement between the parties relating to the rights
granted and the obligations assumed pursuant to this instrument. Any oral representations or
modifications this instrument, shall be of no force and effect, excepting a subsequent modification
reduced to writing, signed by the party to be charged therewith.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year
first above written.
ATTEST
By:
Secretary
s 7-4Tc-- o f o, --
(2o Q h y 0q0 BrouagwrD : SS
JOHNVINCE FOODS, INC., a Florida
corporation, RANTOR
By:
Vincevzio Pulla, President
[corporate seal]
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Country
aforesaid and in the Province aforesaid to take acknowledgments, personally appeared Vincenzio
Pulla, as President of Johnvince Foods, Inc., a Florida corporation to me known to be the person(s)
described in and who executed the foregoing instrument and he acknowledged before me and under
oath that he executed the same.
WITNESS my hand and official seal this a&-� day of Dee-&m 1
Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, orA DID NOT take an oath.
NO ARY PUBLIC
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
O
FFICIALRy E L
TEIN
NOTE OF FLORDDA
. CC55g8,1¢
NY Comm. E 2(1'
C�
Signed, sealed and delivered
in the presence of:
ATTEST \�
By:
Robert S. Noe, Jr. J�
City Manager
ATTEST:
By:
Carol Evans, City Clerk
STATE OF FLORIDA
COUNTY OF BROWARD
ACCEPTED BY CITY OF TAMARAC
GRA TEE
w
By:
Mayor
Dated 9
By: V -
Robert S. Noe, Jr. City Maiager
to F
Mitchell S.
City Attorney
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared Joe Schreiber
and Robert S. Noe, Jr. tome known to be the persons) described in and who executed the
foregoing instrument and+ie acknowledged before me and under oath that he executed the same.
they
WITNESS my hand and official seal this __2_6 day of March , 192L.
1pRY PUe OFFICIAL NOTARY SEAL NOT RY PUBLIC State lorida
O 6 PNYLL13 POLIKOFF �
2 r * COMMISSION NUMBER at Large
Q CC390392
o4�e MY COMMISSION ExP. PHYLLIS POLTI{QFF O Fv SEPT 231998 ---
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
(X) Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or (KXDID NOT take an oath.
11
ATTEST: ; l
IIf°
By:
Secretary
STATE OF FLORIDA
SS
COUNTY OF
MORTGAGEE:
By:
-✓� nc Vied President
[corporate seal]
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid nd in the County aforesaid to ake acknowled ent ,,perso all i eared
I,y �T1'��l���►vCpr� as of (�� Va� P 0tilp, to me known
fo, be the person(s) described in and who executed the foregoing instrument and he acknowledged
before me and under oath that he executed the same.
WITNESS my hand and official seal this Z 3 day of �Bt V&e , 19
-2L
OFrJAMES C WATERS
N40TARY PUBLIC STATE 01 43 Of
COMMISSION NO
MY CQo 15510N �Cr. NdV,17
(personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or (_,YbID NOT take an oath.
•
�>/ 1) / / �111 ; ` /I
ARC PUBLIC, State"of Florida
urge
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
•
•
•
"EXHIBIT A"
LEGAL DESCRIPTION
The North 73.75 feet of Tract T, and all of Tract Y of McNAB COMMERCIAL
SUBDIVISION NO. 1, according to the Plat thereof, recorded in Plat Book 71, Page
13, of the Public Records of Broward County, Florida.
101
MMMIT A
OESlRwn0m:
Tract Y together with the North 7ZL73 feet of TrOOt 7 Of 11CNAB OOMVEFCAL SUBONSION NO. I' SHEET 1 OF
Oxdrding to the blot thereof as recorded In Plot Book 71. Pagd 13 of the Public Records of Braward
County, t1OrWd_ Sold Iortds NWale, lylnq, and boring In the My Of Tamorvq Braword County, Floods '
and aantaining 30.146 aquae
Inl (0.m Dorn) more or Ins,
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9. M.R.. BROWARD COUNTY RECORDS
MCNAS ROAD
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SLVriErOR'S NOTES
This uwvoy sa-j not dbatmeted by the
0.RAAN Br JC11
CHECKED 97. 0�ko
SCALE: I• - SO LMO SURVEY
tw-*rwgned Tar rights—Of—rd% easarnenU
ne.0 3K. / PCS
:
CfRTIFlW ro:
Or Mermtlons Of record.
ELEVATION NOTE;
REMSIONS.
GEMSTAR
Qe,gtlana are rMetkv
to N. Clod Datum Of
and
I?Z9. and "these thin
o INg
t�
I h-n6y cwtlfy that this SUI►vt1' mchth the UinW"urrt remmkw
MOOD INSURANCE: NOTES: Zone
Stmdords as "' forth try tl ytrrtda Horrd of Prof Bea al
Lritd Sun..yrrs N "tw alri17-4, Plompag AdmiM.bmtivs COds,
(lase
Flood 17ehotldn !t/A
arwwdnt to "i•etlsn 4,Z.OZ7. FlaAdo SWtatn.
COnw,esrlly P"di NO, 1ti/A.
EngNewt PI. rfsrs
Dated this nth date of Au.1 TI• r T973 AA.
prc FIRU doted -aLL
1
Land Surrryan
'
Rshranae
Floor LrM
p r 'r
Envlranmenta Professlo,
;� f,
Lower
Ua+rnt
flair LeW 1
Site Qude
ti
lelO H. O sa.e s n. red
r„�„w
iaatNae+teas (� � +
I. �(" for
qraffwln,4 Lnne �' I
Sl to 6l Fla Ida Rm"tration 2044
R11s Nrrnber
NDT uMr3I ZXW OIN AN UMM "WM" SEµ
w nw75—❑1n�Sir-_i s�a,tifvtn.re
DESCRIPTION: (Utility Easement)
The West 15,00 feet of Tract Y, together with the West 15.00 feet of the
North 83.75 feet of Tract T of "MCNAB COMMERCIAL SUBDIVISION ;�lo
NO. V. according to the Plat thereof as recorded in Plat Book 71, Page
In"
13 of the Public Records of Broward County, Florida. o'
i RO5r- 1d0RrN14/CSp Co,@A1E1Z, rRACr' Y"
Said lands situate, lying and being in the City of Tamarac, Broward
r 'l AlaerulQCV eW" °a4
County, Florida, �o
y rader Y"
1\jam
�
' `R•soa.ao'
Basis of Bearings is North 89'42'0e" West along the South line of said N
Plat,
C' 7.6f'58"
A ` r50/'
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LU N
IN
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BRA N1C SCUE 1".30
MCAJA5 WOA0
This sketch does not represent a boundary survey.
SURVEYOR'S NOTES:
DRAWN BY: ,T.P
CMECKED BY:
SCALE: I" - 30r Sketch & Description
This sketch was not abstracted by the
FIELD BK, PGS.:
undersigned lot rights-of-woy, easements
/
PREPARED FOR:
a reservations of record.
REVISIONS:
Y
GrCA�J�TAR
ELEVATION NOTE: Elevations ore relative
-""
to Noliona Geodetic Vertical Datum of
t929, and ore shown thus:
1 hereby Certify that this sketch meets the Minimum Technical
Standards as set forth by the Florida Board of Professional
FLOW INSURANCE NOTES: Zone:
Surveyors and Mappers in Chapter 61GI7-6, Florida Administrative
Base Flood Elevation
Code, pursuonl to Section 474027. Florido Statutes,
panFIRM d Pone_ No.
FIRM doled _
Engineers a onntlrs
Land Surveyors
• Dalav Inie 30 H .IIIL IggV/per
lowest Floa Elevation (living area)
I
Environmental Pra(esslonols
Lowest Floor Elevation (garage) CA
Average Situ Grade
�Vo"�
IWa R. acutll•. R..d, suite 2aa
p.mtraM• Pla... El.rta. ssaPr
WILLIAKA M. L•YhrCI-
Praleasionol Surveyor and Mapper
Fila Nymber
((4e4I4ae-tovv E•.: (sb4pae-eae4
Grt. e( A�lheryx.11.n r I-D sew
Stole of Florido Regislralaon Nor .vxep
Not VALID UNLESS SEALED PATH AN EkOOSSFD SURVEYOR'S SEAL
•
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DESCRIPTION: (Utility Easement)
A portion of Tract T of "MCNAB COMMERCIAL SUBDIVISION NO. V.
according to the Plat thereof as recorded in Plat Book 71, Page 13 of
the Public Records of Broward County, Florida, said portion more
particularly described as follows:
COMMENCE at the Southeast corner of said Tract T; thence along the
East line of said Tract T on an assumed bearing (based on said Plat) of
North 00*57'11' East 146.75 feet to the POINT OF BEGINNING;
thence parallel with and 103.25 feel South of the North line of said Tract
T, North 89°02'49" West 140,00 feet to the West line of said Tract T;
thence along said West line, North 00.57'11" West 20.00 feet; thence
parallel with and 83.25 feet South of the Nor h line of said Tract T,
South 89'02'49" East 70.49 feet; thence North 00'57'11' East 9.50 feet;
thence parallel with and 73.75 feel South of the North line of said Tract
T, South 89'02'49" East 15.00 feet; thence South 00'57'11" West 9.50
feet; thence parallel with and 83.25 feet South of the North line of said
Tract T. South 89"02'49" East 54.51 feet to the East line of said Tract T;
thence along said East line, South 00'57'11" West 20.00 feet to the
POINT OF BEGINNING.
Said lands situate, lying and being in the City of Tamarac, Broward
County, Florida.
uOTES
roc r PPIA/T OE 'cem dE) cemeur
P,RB. - Powr mar-aij I.I)Afe
jr CWTERLIME
Rr RAO7U5
d r CEA)TRAL AAJrW
At ARC D)STAIJCE
•0000" rR
v�n�3
4 �P
h
O53 4
I
ISURVEYQR'S NOTES:
This 61:064 was not abstracted by the
undersigned for rights-•ol-way, eosemer
or reservations of record.
is
ELEVATION NOTE: Elevations are relative
to Noliond Geodetic Vertical Datum or
1929, and we shown thus: j
1
FLOOD INSURANCE NOTES: Zone! _,•_
Oaae Flood Elevation _
Communily Panel No, _,•_
per FIRM doled _
Lowest' Floor Elevation (living area) UIA_
Lowasl Floor Elevation (gorage) W#
Average Site Geode -WA
I
Basis of Bearings is North 89'42'09" West along the South line of said
Plat.
AJORM
Or 4. AVEAIUE
wEsr uue rreacr'r"-. u.00'�7'rr• �.
7000'
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85.75
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2i �IN
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n17:C5 q�
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Pe
• e I I„
57`ll "E, 14c,7$'
EAST LINE, rRACr, r77— / w, 5,00'S7' 11"µ7.
DRAWN BY: JP I CHECKED BY: KL
FIELD ale. / PGS.
REVISIONS:
o g 00 76 60
OROF ell C SCALE 1" 30'
This sketch does not represent o boundary surve
SCALE: I"_- 36 Sketch h Description
PREPARED FOR:
GEMSTAQ
1 hereby cerliry that this sketch meele the Minimum Technical
Standards as set forth by the Flarido Board of professional
Surveyors end Mappers in Cho 61G17-6, Florida Adminislrplive
Coda, puru sanl to Section 41 1127* Florida Slolulea.
Doled this 80rN day of jULy 1996
AEngineers • Planners
�► Land Surveyors
Environmental
1
ea
1p N. a•uelu 0••d. aalL. epp
4. . Suit.
PI-- PlnFlarle• 330e4
(9e•)•3111-90ee r— lee+Nse-e6e4
.W 14 LIAM M, LYNrCM
Profess�wol Surveyor and Mapper
Slate of Florida Regislrolion N— or*49
F__File_ Number
core, a Aurkerlr•rlon / IA 6680 ;
:NOT VALID UNLESS SEALED bTTII AN EMBOSSra SURVEYM'S SEAL
•
C�
•
uor�s
!. P.D.B.' P[711JrOP BEGl1.1luAlG
7. a• RAOIL16
9. A' CEIORAL A"GLE
4. A • ARC orsrwice
5 � 'CEJJrERLIl,IE
0 e ra 2c 5a
CRAP( rG AC�O•
SURVEYOR'S NOTES:
DRAWN BY: ,TP
This 5e41(41 was not obstructed by the
FIELD 8K, / PCS,
undersigned far rights-ol-way, easements
or reservations of record.
REVISIONS:
ELEVATION NOTE: Elewlions ore relative
to Nolional Geodetic Vertical Datum of
1929, and ore shown thus:
DESCRIPTION: (Canal and Utility Easement)
Portions of Tracts T and Y of'MCNAB COMMERCIAL SUBDIVISION',
according to the Plat thereof as recorded
in Plat Book 71, page 13 of the Public Records of Broward County,
Florida, said portions being more particularly
described as follows:
BEGIW at the Northwest corner of said Tract Y,
said point lying on a 300,00 fool radius curve concave to
the South whose radius point bears South 00'57'11'
West; thence Easterly along said curve, also being the
Northerly boundary of said Tract Y. through a central
angle of 27'49'05' an arc distance of 145.66 feet to the
Northeast corner of said Tract Y; thence along the East
line of said Tracts Y and T on an assumed bearing
(based on said Plat) of South 00'57'11' West 249.08
feel; thence parallel with and 73.75 feel South of the
North line of said Tract T. North 69'02'49' West 20.00
feel; thence North 00*57'11" East 236.73 feel to a point
an the are of a 280.00 fool radius non tangent curve
Concave to The South whose radius point bears South W
26'19'48' West: thence Westerly along said curve, being
concentric with the aforesaid Northerly boundary of s01d
Tract Y, Through a central angle of 25'22'37" an arc
distance of 124.01 feet to the West line of said Tract Y; LU
thence along said West line, North 00*57'11' West 20.00
feel to the POINT OF BEGINNING.
Basis of Bearings Is North 89'02'49' Wesl along the
South line of said Plat.
Said lands sltuata, lying and being in the City of
Tamarac, Broward County, Florida,
C1
3
90•
CHECKED BY:
00
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y
n�51
glI�$ l
,� CWMER,TRACP•y"C4�4('Pr�Hl-
R• aoo 00�• WQY
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MCNAa ROAD
This sketch does not represent a bounder
SCALE: 1" d30' Sketch & Description
PREPARED FOR:
GEMSMR
ct
3
H
B
N
1 hereby certify that this sketch meets the Minimum Technical
•
St andards as eel forth by the Florida Board of Professional
FLOOD INSURANCE NOTES: Tone;
Surveyors and Mappers in Chappter 61G17-6, Florida Administrative
Base Flood Elevation
Cade, pursuant to 5action 472,027, Florida, olulea.
Na. _
Per ld
Engineers . Planners
'Doled this D^''ao 01 y .
FIRM
per FIRM doled
led
G Land Surveyors
®��'
�/
Environmental Professionals
.fi,
Lowest Flaw Elevation (living ea) EL
l.
GG
W ILLI A" i A, LY CH
Lowasl Flow Elawtion (garage)
�` low K. bevel.. pad, aulr sap
Professional Surveyor and Mdppar
rile Number
Average Silo G/Odf
F.rnbrab. pin.., Florid. aaal4
(p54)45e-.sap F. (ae.)4ae-see.
Slate vl Florida Regielrolion N,— IG®
C.n..1 Aurherlunon IT w esao
NOT VALID UNIESS SEALED MIN AN (uR055E0 SURVFYOR'S SrAL
TEMP. 'RESO. # 7657 EXHIBIT I
•
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80 ST
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uo a r•
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79 ST
78 CT
W
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76 DR
76 CT
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GREENBRIAR
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./ 77 ST
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76 PL WEST ❑❑ 17 Q, 3 w Q
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i 76 CT 76 ST
76 ST 76 ST 75 DR a ~
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7 MAIN AND 16 7 > r-
75 CT g [IRS TH 6 m 75 CT Q `D
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p
n n r- 74 PL n n
74 PL
73 ST 73 ST
72 ST T , 72 ST
7 o rr
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n n
70 CT 71 ST
MA LANDS 14 >
70 ST RCREST 14 70 CT
j t• .D
70 ST �D �D
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