HomeMy WebLinkAboutCity of Tamarac Resolution (22)January 23, 2002 - Temp. Reso. #9614
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-022
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
SIDEWALK EASEMENT WITH T & H ACQUISITIONS, L.L.C.,
FOR THE T & H ACQUISITIONS PROJECT, LOCATED ON
THE SOUTHEAST CORNER OF MCNAB ROAD AND
BROOKWOOD BOULEVARD 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, pursuant to Section 20-84 of the City Code, the development of the T &
H Acquisitions project, located on the southeast corner of McNab Road and Brookwood
Boulevard requires the construction of a sidewalk along Brookwood Boulevard; and
WHEREAS, the City Code, Section 20-85 requires the owner of a property to
dedicate an easement to the public when there is not sufficient room within the right of way
for the construction of a sidewalk adjacent to all property abutting a public street; and
WHEREAS, there is not sufficient room within the right-of-way of Brookwood
Boulevard to construct the required sidewalk for the T & H Acquisitions project; and
WHEREAS, T & H Acquisitions, L.L.C., as owner of the T & H Acquisitions project
has offered the "Sidewalk Easement", a legal description of which is attached as Exhibit A",
and a copy of which is attached as "Exhibit B" herein; and
January 23, 2002 - Temp. Reso. #9614
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WHEREAS, it is the recommendation of the Director of Public Works and the
Assistant City Engineer that this "Sidewalk Easement" be accepted, executed and
recorded; 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 authorize the
appropriate City Officials to accept, execute and record a "Sidewalk Easement" with T & H
Acquisitions, L.L.C. for the T & H Acquisitions project located on the southeast corner of
McNab Road and Brookwood Boulevard as required for the construction of sidewalks.
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, execute
and record a "Sidewalk Easement" with T & H Acquisitions, L.L.0 for the T & H Acquisitions
project located on the southeast corner of McNab Road and Brookwood Boulevard to allow
legal access by the public.
Section 3: The City Clerk is hereby authorized and directed- to record said
document in the Public Records of Broward County.
Section 4: That 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.
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January 23, 2002 - Temp. Reso. #9614
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E
Section 6
and adoption.
This Resolution shall become effective immediately upon its passage
PASSED, ADOPTED, AND APPROVED this 23rd day of January, 2002.
ATTEST:
MARION SWENSON, CMC
CiTY CLERK
I HEREBY CERTIFY that I
have approved this
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JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER _five'
DIST 1: COMM. PORTNER_6X!
DIST 2: COMM. MISHKIN fl &
DIST 3: V/M SUL.TANOF fl y&
DIST 4: COMM. ROBERTS flyel
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STONER & ASSOCIATES, Inc.
1372 North University Drive SURVEYORS - PLANNERS Tel. (954) 3707-1880
Plantation, Florida 33322 LB.6633 Fax (954) 370'--1883
LEGAL DESCRIPTION OF A 4 FOOT WIDE SIDEWALK EASEMENT
LOT 1, BLOCK 248, THE MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN.
PLAT BOOK 71, PAGE 3, B.C.R., CITY OF TAMARAC, BROWARD COUNTY, FLOI#1bA
LEGAL DESCRIPTION:
A 4 FOOT WIDE SIDEWALK EASEMENT BEING, A PORTION OF LOT 1, BLOCK 248, "THE MAINLANDS OF TAMARAC
LAKES UNIT FIFTEEN", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 71, PAGE 3 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 1:
THENCE N.00'00'56"W., ALONG THE WEST LINE OF SAID LOT 1, SAID WEST LINE ALSO BEING THE EAST
RIGHT—OF—WAY LINE OF BROOKWOOD BOULEVARD, A DISTANCE OF 269.36 FEET, TO A POINT ON THE ARC OF
A TANGENT CURVE CONCAVE TO THE SOUTHEAST,•
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF
29'55"35" AND A RADIUS OF 30.00, FEET FOR AN ARC DISTANCE OF 15.67 FEET, TO A POINT ON A LINE
4.00 EAST OF AND PARALLEL WITH THE SAID WEST LINE.
THENCE S_00'00"56"E., ALONG SAID PARALLEL LINE A DISTANCE OF 284.39 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT 1;
THENCE N.89'05"08"W ALONG SAID SOUTH LINE A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINING.
SAID LANDS SITUATE WITHIN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. CONTAINING 0,03 ACRES
(1,118 SQUARE FEET), MORE OR LESS.
NOTES:
1. THE LANDS SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP, RIGHTS -OF ---WAY, EASEMENTS OR
OTHER MATTERS OF RECORD BY STONER & ASSOCIATES, INC.
2, THE BEARINGS SHOWN HEREON REFER TO: S.89'02'49"E., ALONG THE SOUTH LINE OF LOT 1 BLOCK 248,
THE MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 71, PAGE 3, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
3. THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY. (THIS IS NOT A SURVEY).
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4. THIS SKETCH WAS PREPARED BY THIS FIRM WITHOUT THE BENEFIT OF A .TITLE SEARCH. THE LEGAL
DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER & ASSOCIATES, INC.
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CERTIFICATE:
THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEG4AND BELIEF. 1
FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA D OF PROFESSIONA �� r,
SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.07. FLORIDA STATUTES. C
REVISIONS DATE BY NOT VAUD UNLESS I
RICHMD G. CMWFORD SEALLD HEPE W*i
AN EMBOSSED
PROFESSIONAL SURVEYOR AND MAPP NO, 5371 STATE OF FLORIDA I SURVEYOR'S SEAL Q
(J
DATE OF SKETCH: PRAWN CHECKED BY FIELD BOOK r
5/11/01 N/A SHEET 7 OF 2
EXHIBIT "A" Temp. Reso. #9614 Page 2 of 2
TONER & ASSOCIATES, Inc.
51372
North University DriveSURVEYORS - PLANNERS Tel. (954) 370-1880
Plantation, Florida 33322 L8. 6633 F.ax (954) 370— 1883
LEGAL DESCRIPTION OF A 4 FOOT WIDE SIDEWALK EASEMENT
-LOT 1, BLOCK 248, THE MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN
PLAT BOOK 71, PAGE 3, B.C.R., CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
McNAB ROAD
110' RIGHT-OF-WAY
(PER PLAr)
R= 3O.00'
D= 29'55'35"
L=15.67'
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18' PUBLIC unurr &
DRAINAGE- EASEMENT`—
(PER PLAT)
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15' WATER AND SEWER UTILITY EASEMENT
PER D.R.B. 14754, PG, 152. B.C.R.
8' WATER LINE EASEMENT
—Y Pa-0 R.8 15454 FIG 28,__B.c.R.
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12 UTILITY EASEMENT PER
O.R.B. 5448, PG, 216. B.C.R.
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S 89'05'08" E � 10- uTiuT S E- SEMEN PER-
4.00' -O.R.B. 5090. PG. 830, B.C.R.}
POINT OF—,'*'
BEGINING 5' PUBLIC UTILITY &DRAINAGE
EASEMENT (PER PLAT)
S- w. CORNER
LOT 1 BLOCK 248
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SCALE: 1" = 40'
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GRAPHIC SCALE
LEGEND:
P.B. ?LAT BOOK
PG. PAGE
B.C.R RROWARD COUNTY RECORDS
L.B. -- - J ICENSED BUSINESS
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SHEET 2 OF 2
LL A 17
STONER & ASSOCIATES, Inc.
1372 North University Drive SURVEYORS - PLANNERSITel. (954) 370-1880
Plantation, Florida 33322 Le. 6633 'Fax (954) 370-1883
LEGAL DESCRIPTION OF A 4 FOOT WIDE SIDEWALK EASEMENT
LOT 1, BLOCK 248, THE MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN
PLAT BOOK 71, PAGE 3, B.C.R., CITY OF TAMARAC, BROWARD bbUNTY, FLORIDA
LEGAL DESCRIPTION:
A 4 FOOT WIDE SIDEWALK EASEMENT BEING, A PORTION OF LOT 1, BLOCK 248, "THE MAINLANDS OF TAMARAC
LAKES UNIT FIFTEEN", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 71, PAGE 3 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 1.-
THENCE N.00'00'56"W, ALONG THE WEST LINE OF SAID LOT 1, SAID WEST LINE ALSO BEING THE EAST
RIGHT-OF-WAY LINE OF BROOKWOOD BOULEVARD, A DISTANCE OF 269.36 FEET, TO A POINT ON THE ARC OF
A TANGENT CURVE CONCAVE TO THE SOUTHEAST,•
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF
29'55"35" AND A RADIUS OF 30.00, FEET FOR AN ARC DISTANCE OF 15.67 FEET TO A POINT ON A LINE
4.00 EAST OF AND PARALLEL WITH THE SAID WEST LINE.
THENCE S.00'00'56"E., ALONG SAID PARALLEL LINE A DISTANCE OF 284.39 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT 1;
THENCE N.89'05'08"W ALONG SAID SOUTH LINE A DISTANCE OF 4.00 FEET TO THE POINT OFi BEGINING.
SAID LANDS SITUATE WITHIN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINING 0.03 ACRES
(1,718 SQUARE FEET), MORE OR LESS.
NOTES:
1. THE LANDS SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP, RIGHTS -OF -WAY, EASEMENTS OR
OTHER MATTERS OF RECORD BY STONER & ASSOCIATES, INC.
2. THE BEARINGS SHOWN HEREON REFER TO: S.89'02'49"E., ALONG THE SOUTH LINE OF LOT 1 BLOCK 248,
THE MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 71, PAGE 3, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
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3. THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY. (THIS IS NOT A SURVEY).
4. THIS SKETCH WAS PREPARED BY THIS FIRM WITHOUT THE BENEFIT OF A TITLE SEARCH. THE LEGAL
DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER & ASSOCIATES, INC.
THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEan AND BELIEF. 1
FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA D OF PROFESSIONA SEAL C
SURVEYORS AND MAPPERS IN CHAPTER 61017-6. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.07, FLORIDA STATUTES. C
REVISIONS DATE By NOT VALID 'UNLESS I
RICFMD G. CRAWFORD SEALED HERE w1TH u
AN E1ABOSSZD
PROFESSIONAL SURVEYOR AND M R NO. 5371 STATE OF FLORIDA SURVEYOR'S SEAL
L
DATE OF SKETCH: I DRAWN FIELD BOOK r
5/11/01 1 TW I RGC I ',N/A L SHEET 1 OF 2
EXHIBIT "A" Temp. Reso. #9614 Page 2 of 2
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STONER & ASSOCIATES, Inc.
1372 North University Drive SURVEYORS - PLANNERS Tel. (954) 370-1880
Plantation, Florida 33322 4a. 6633 Fax (954) 370-1883
LEGAL DESCRIPTION OF A 4 FOOT WIDE SIDEWALK EASEMENT
-LOT 1, BLOCK 248, THE MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN
PLAT BOOK 71, PAGE 3, B.C.R., CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
McNAB ROAD
110' RIGHT-OF-WAY
(PER PLAT)
R=30.00'
D=29'55'35" IS' PUBLIC UTILITY &
L=15. 6 7' DRAINAGE- EASE'MENT—
(PER PLa r) —
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15' WATER AND SEWER UTILITY EASEMENT
PER O.R.B. 14754, PG, 15Z B.C.R.
Q
B' WATER LINE EASEMENT
PLR,_O.R,B.
9
15454 PG28 B.C—R��
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O.R.B. 5448. PG. 216, B.C.R.
�r O.R. B. 6 9955 PG. 98-3 _B. C. R �
S 89'05'08" E
10' UTILITIES EASEMENT PER
4.00,
O.R,9. 5090, PG. 830, B.C.R.}
POINT OF_J' �5' PUBLIC UTILITY deDRAINAGE
BEGINING EASEMENT (PER PLAT)
S. W CORNER
LOT I BLOCK 248
WC A ROAD I
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SKETCH
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LOCATION MAP
(MOT TO iaLs)�..-._,.
SCALE: 1" = 40'
0 10 20 40 e0
GRAPHIC SCALE
LEGEND:
P.B. SLAT BOOK
PG. _ __ _ PAGE
B.G.R RROWARD COUNTY RECORDS
L.B.-IICENSED BUSINESS
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SHEET 2 OF 2
L 6.
EXHIBIT "B"
Temp. Reso. #9614
Page 1 of 6
ITY OF TAMARAC EASEMENT
FOR: T & H Office Building Project
NAME OF PROJECT
This SIDEWALK EASEMENT made this 24th day of October, 2001, by T & H
Acquisitions having an address of 7200 West McNab Road, Tamarac, Florida,
(hereinafter "Grantor"), and the City of Tamarac, a municipal corporation of the State of
Florida, having an address at 7525 Northwest 88th Avenue, Tamarac, Florida 33321,
(hereinafter "Grantee"). (Whenever used herein, the term "Grantor" and "Grantee" shall
include the respective successors and assigns of the parties hereto, whenever the
context so admits or requires).
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in Broward
County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred
to as "Servient Estate")- and
WHEREAS, Grantor desires to grant unto Grantee a non exclusive sidewalk
easement to use a portion of the servient estate.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable considerations paid by each of the parties hereto to the other
party, receipt of which is hereby acknowledged by both parties, the parties hereto do
hereby grant and agree as follows:
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EXHIBIT "B" Temp. Reso. #9614 Page 2 of 6
1. Grantor hereby grants and conveys to Grantee, its successors and
assigns, a non exclusive sidewalk easement over and upon the servient estate for the
installation of a sidewalk.
2. Grantor reserves all rights not herein granted pursuant to this sidewalk
easement, including but not limited to, the right of free ingress and egress over and
upon the servient estate and to grant further sidewalk easements under, over and on
the servient estate, provided that, in no event shall any of the rights herein reserved
impede the sidewalk easement herein granted or the exercise of the rights of use
thereunder.
3. The provisions of this sidewalk 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.
4. This sidewalk easement shall not be released or altered without consent
of the Grantee.
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'EXHIBIT "B" Temp. Reso. #9614 Page 3 of 6
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
/_11111IM"I
t: GRAN
y: ,
Type Name b L O M
Corporate Secretary
(Corporate -Seal)
SS
COUNTY OF-6(Z0cvA a
Type Name Thomas Lomax
President
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesai and in th County aforesaid to take acknowledgments, personally
appeared to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that executed the same. /
WITNESS my hand and official seal this �� day of �t�--t��•�..�
200�.
o��'YPGB ROBIN REMILLARD
� �6 COMMISSION # CC 688158
JAQ EXPIRES NOV 16, 2001
OF
BONDED
WATIANTIC ONDINGRCO.,INC.
( Personally known to me, or
( ) Produced Identification
rt
I
K6TA PUBL C, of Florida
at Large
R 6 (� / r3 e,--R
(Name of Notary Pub'Hc: Print, Stamp,
or type as Commissioned)
I
( ) DID take an oath, or( ) DID NOT take an oath.
3
EXHIBIT "B" Temp. Reso. #9614 Page 4 of 6
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
(GRANTO@�
Witness Type Name/Title Thomas Lomax, President
Type Name Fr6.vLCPs A,• AI1greRy\
Witness
Type Name
STATE OF FLORIDA
SS
Nfell]ill IVigo] W=1W •Ly-l"'.•
Type Name/Title
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and q the County aforesaid to take acknowledgments, personally
appeared to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that executed the same.
WITNESS my hand and official seal this � day of
200L.
6'0,Poa ROBIN REMILLARD
�g,COMMISSION # CC 698158
EXPIRES NOV 116,201
BONDED THRU
OF VATL4NTIC BONDING CC,INC.
RY PUBLI f, fate of Florida
at Large
o61/jT) ' /.
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
( DR sonally known to me, or
( ) Produced Identification Ro_
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
3
oc-e �EXH6B1TVOtia Temp. Reso. #9614 Page 5 of 6 P. 7
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
Witness
Type Name
Witness v
r
(GRANTO
Type Name/Title Thomar, Lomax, President
6-k 0 a-M A 6 �- f )
Type Name
Type Name Itle 2.�.�
STATE OF FLORIDA
14�
COUNTY OF 13ROWARD
N/�Y!O-NA Z- CL,0S/N 6
AA -At JA0 cc,/Z.-
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and i the County aforesaid to take acknowledgments, personally
appeared `
Pp .,ann��-- I to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that executed tlo same. DD "
WITNESS my hand and official seal this L-,�2 day of
200_L.
o6AYP4 ROBIN REMILLARD
e"COMMISSnN -# cc 6,98158
c EXPIREs NOV l b, 7.(,01
ABONDED THRU
'tOFW ATLANTIC BONDING CO. INC,
W+RYJPU131-16, tate dofF&lorldaZ--
at Large
1
(Name of Notary, Public: Print, Stamp,
or type as Commissioned)
( rsonally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
3
EXHIBIT "B" Temp. Reso. #9614 Page 6 of 6
CORPORATE ACKNOWLEDGEMENT
State of Missouri
) ss
County of St. Louis
On this clay of Al O V �- M �j it r 20 0) , before me personally came Mau P. Verbanaz of
General Electric Capital Corporation to me known, who, being by mc duly sworn, did depose and say that
she is the National Closing Manager of General Electric Capital Corporation, the Corporation described in
and which executed the foregoing instrument; that she knows the seal of said Corporation; that the seal
affixed to this instrument is said corporate seal; and that she has signed her name to said instrument and
caused said corporate seal to be affixed thereto /asth act ai).ck deed of said Corpor4.9611.
KM CROWELL
Notary Public - Not uy Seal
STATE OF MISSOURI
Sr. LoutsCOUNTY otaryPublic
MY COMMISSION EXP. MAR. 7,2005
My commission expires: