HomeMy WebLinkAboutCity of Tamarac Resolution (336)Temp Reso #9981 — November 18, 2002
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--2002- 3-3
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN INTERLOCAL
AGREEMENT ENTITLED, "AGREEMENT
BETWEEN BROWARD COUNTY AND CITY OF
TAMARAC FOR ROAD CONCURRENCY
RELATING TO TAMARAC UTILITIES
ADMINISTRATION PLAT" LOCATED BETWEEN
NOB HILL ROAD AND HIATUS ROAD
APPROXIMATELY 1,900 FEET NORTH OF
WEST COMMERCIAL BOULEVARD;
AUTHORIZING THE CITY CLERK TO RECORD
SAID DOCUMENT IN THE PUBLIC RECORDS
OF BROWARD COUNTY (CASE NO. 18-MI-02);
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac is the owner of a 17.50 acre parcel located
between Nob Hill Road and Hiatus Road approximately 1,900 feet north of West
Commercial Boulevard, more particularly known as Tract 1" of the "Tamarac Utilities
Administration Plat" (143--28); and
WHEREAS, the City of Tamarac is in the process of developing a new Public
Services Facility on the western portion of Tract 1" as contained in the "Tamarac Utilities
Administration Plat"; and
WHEREAS, on October 23, 2002, the City Commission approved a Delegation
Request to amend a note on the Plat from 28,900 square feet of Community Facility use to
Temp Reso #9981 — November 18, 2002
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40,000 square feet of Community Facility use and 23,100 square feet of use for a Fire
Station; and
WHEREAS, said Delegation Request requires approval by the Broward County
Board of Commissioners; and
WHEREAS, the Broward County Code of Ordinances requires that the regional
transportation network be adequate to serve the reasonably projected needs of proposed
future developments; and
WHEREAS, Broward County has determined that action is required to mitigate
traffic impacts on this Plat; and
WHEREAS, the City of Tamarac has agreed to expand its public transportation
system to provide additional services to Tract I" as contained in the "Tamarac Utilities
Administration Plat"; and
WHEREAS, the parties desire to enter into this Interlocal Agreement to expand
public transportation services as described in Exhibit I" ("Agreement Between Broward
County and City of Tamarac for Road Concurrency Relating to Tamarac Utilities
Administration Plat"); and
WHEREAS, the Director of Community Development recommends approval; 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 execute an Interlocal Agreement entitled, "Agreement Between
Broward County and City of Tamarac for Road Concurrency Relating to Tamarac Utilities
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Temp Reso #9981 — November 18, 2002
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Administration Plat" located between Nob Hill Road and Hiatus Road approximately 1,900
feet north of West Commercial Boulevard.
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: That the Interlocal Agreement entitled, "Agreement Between
Broward County and City of Tamarac for Road Concurrency Relating to Tamarac Utilities
Administration Plat" relating to the future development of a portion of Tract 1" more
particularly known as "Tamarac Utilities Administration Plat" located between Nob Hill Road
and Hiatus Road approximately 1,900 feet north of West Commercial Boulevard (attached
hereto as Exhibit 1") is HEREBY APPROVED.
SECTION 3: That the appropriate City Officials are hereby authorized to
execute said Interlocal Agreement.
SECTION.4: That the City Clerk is hereby authorized to record said
document in the Public Records of Broward County, Florida.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: 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 in
Temp Reso #9981 — November 18, 2002
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application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 7: This Resolution shall become effective immediately upon its
adoption.
PASSED, ADOPTED AND APPROVED this 271h day of November, 2002.
.. �A.
,.10E SCHREIBER
MAYOR
ATTEST:
E
RECORD OF COMMISSION VOTE:
MARION ENSON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: V/M. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: COMM„ SULTANO
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
'B
P
S
MITCHEL4S. 1<-R4T
CITY ATTORNEY,'
commdev\u:\pats\userdata\wpdata\res\9981 reso
EXHIBIT "1" TEMP RESO #9981
AGREEMENT
BETWEEN
BROWARD COUNTY
AND
CITY OF TAMARAC
FOR ROAD CONCURRENCY
RELATING TO
"TAMARAC UTILITIES ADMINISTRATION PLAT"
THIS AGREEMENT, is made and entered into by and between BROWARD
COUNTY, a political subdivision of the State of Florida, its successors and assigns,
hereinafter referred to as "COUNTY" through its Board of County Commissioners;
The CITY OF TAMARAC, a municipal corporation created and existing under the laws
of the State of Florida, hereinafter referred to as "CITY".
WHEREAS„ Chapter 5, Article IX, Broward County Code of Ordinances, requires
that the regional transportation network be adequate to serve the reasonably projected
needs of proposed developments; and
WHEREAS, Section 5-182 of said Chapter 5 more specifically requires that an
application for a development permit satisfy concurrency requirements for compact
deferral areas; and
WHEREAS, CITY is owner of the Tamarac Utilities Administration Plat, more
particularly described in Exhibit "A" attached hereto and made a part hereof ("Tamarac
Utilities Administration Plat"), and has applied for approval of an amendment to the note
on the face of the Plat with a proposed use of 40,000 square feet of Community Facility
use and 23,100 square feet of use for a Fire Station use; and
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WHEREAS, COUNTY conducted a trip generation analysis for the subject Plat,
and determined that action is necessary in order to mitigate traffic concurrency impacts
on the Plat; and
WHEREAS, CITY has determined that expansion of its existing bus
transportation service to incorporate the Plat, as more particularly set forth in exhibits "B
and C" attached hereto and incorporated herein, will mitigate the Plat's traffic impact so
that the Plat will satisfy COUNTY's concurrency standards; and
WHEREAS, CITY and COUNTY entered into an Agreement which was approved
by COUNTY on A16 2002, providing for public transportation
services within CITY ("Transportation Agreement"); and
WHEREAS, the parties agree that the services described in this Agreement are
part of the Transportation Agreement and are not intended to replace or otherwise affect
the Transportation Agreement; and
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants, and payments hereinafter set forth, the Parties agree as follows:
1. RECITALS. The above recitals are true and correct and are hereby incorporated
herein.
2. DEFINITIONS AND IDENTIFICATIONS.
2.1 Agreement — means this document, Articles 1 through 9, inclusive. Other terms
and conditions are included in the exhibits and documents that are expressly
incorporated by reference.
2.2. Board -- The Broward County Board of County Commissioners.
2.3 Contract Administrator -- The Broward County Administrator, the Director of the
Broward County Mass Transit Division, or the designee of such County
Administrator or Director. The primary responsibilities of the Contract
Administrator are to coordinate and communicate with CITY, and to manage and
supervise the execution and completion of the Scope of Services and the terms
and conditions of this Agreement as set forth herein. In the administration of this
Agreement, as contrasted with matters of policy, all parties may rely on the
instructions or determinations made by the Contract Administrator.
2.4 County Attorney — The chief legal counsel for COUNTY who directs and
supervises the Office of the County Attorney pursuant to Section 4.03 of the
Broward County Charter.
2.5 Project -- The Project consists of the services described in Section 3.
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3. SCOPE OF SERVICES.
3.1 SERVICES TO BE PROVIDED BY CITY: CITY currently supplies public
transportation services at the locations and according to routes as contained in
Exhibit "B". CITY shall provide expanded public transportation services within
the CITY at the locations and according to routes as contained in Exhibit "C",
copies of which are attached hereto and made a part hereof. The provision of
expanded transportation services shall be performed by the CITY in accordance
with the terms and conditions of the Transportation Agreement entered into
between COUNTY and CITY, as the same may be amended from time to time.
Any changes to Exhibits "B and C" made by CITY shall be effective only upon the
written consent of the Director of Mass Transit. All transportation services to be
provided are described in the Transportation Agreement between the COUNTY
and the CITY, as the same may be amended from time to time.
3.2 SERVICE TO BE PROVIDED BY COUNTY.
All service to be provided by COUNTY is described in the Transportation
Agreement between the COUNTY and the CITY, as the same may be amended
from time to time.
4. TERM AND TIME OF PERFORMANCE. The term of this Agreement shall
commence on the date it is fully executed by all parties and shall end two (2)
years from the date CITY commences to provide public transportation service as
set forth in Section 3.1.
5, CONCURRENCY COMPLIANCE. COUNTY finds that by executing and
complying with the terms of this Agreement, CITY has satisfied the adequacy of
the Regional Roadway Network requirement of Section 5-182 of the Broward
County Land Development Code for the Plats as approved by COUNTY.
6. INDEMNIFICATION. CITY shall, to the extent permitted by law, at all times
hereafter, indemnify, hold harmless, and defend COUNTY, its agents, servants,
and employees from and against any claim, demand, or cause of action of any
kind or nature arising out of any error, omission, or negligent act of CITY, its
agents, servants, or employees in the performance of services for which the
CITY has responsibility under this Agreement.
COUNTY shall, to the extent permitted by law at all times hereafter, indemnify,
hold harmless, and defend CITY, its agents, servants, and employees from and
against any claim, demand, or cause of action of any kind or nature arising out of
any error, omission, or negligent act of COUNTY, its agents, servants, or
employees in the performance of services for which the COUNTY has
responsibility under this Agreement.
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Nothing herein is intended to serve as a waiver of sovereign immunity by either
COUNTY or CITY. Nothing herein shall be construed as consent by COUNTY or
CITY to be sued by third parties in any matter arising out of this Agreement or
any other contract.
7. INSURANCE. The parties hereto acknowledge that CITY is a self -insured
governmental entity subject to the limitations of Section 768,28, Florida Statutes.
The CITY shall institute and maintain a fiscally sound and prudent risk
management program with regard to its obligations under this Agreement in
accordance with the provisions of Section 768.28, Florida Statutes. The CITY
shall institute and maintain a fiscally sound and prudent risk management
program with regard to its obligations under this Agreement in accordance with
the provisions of Section 768.28, Florida Statutes. If CITY contracts with a third
party to provide the transportation service addressed herein, any contract with
such third party shall include the following provisions:
Indemnification: CITY's contractor agrees to indemnify, reimburse, defend,
and hold harmless COUNTY and COUNTY's officers, agents, and employees
for, from, and against all claims, actions, or causes of actions, losses,
damages, liabilities, costs, and expenses, including, reasonable costs,
attorney's and paralegal's fees, imposed on or incurred by COUNTY in
connection with all loss of life, bodily injury, personal injury, damage to
property occurring upon, or about or arising out of or relating to, the
contractor's occupancy or use of the vehicle(s) to perform the services set
forth herein.
Insurance: CITY's contractor shall at all times during the term of this
Agreement keep and maintain in full force and effect, at contractor's sole cost
and expense, insurance of the types and amounts as set forth on Exhibit "E",
a copy of which is attached hereto and incorporated herein by reference as if
set forth in full, and shall name COUNTY as an additional insured.
Provisions Applicable to Insurance: At or prior to the commencement of
contractor's performance pursuant to the provisions of any agreement with
CITY involving the vehicle(s) provided hereunder, contractor shall deliver the
original Certificate of Insurance required herein to COUNTY. Contractor shall
pay the premiums for all insurance required by this Agreement. Contractor
shall cause all policies of insurance required by this Agreement to be
renewed from time to time so that at all times the insurance protection
required by this Agreement shall continuously exist. The policy shall not be
canceled or materially changed without the giving of at least thirty (30) days'
prior written notice thereof to COUNTY, and in such event, a policy pursuant
to the above terms must be substituted.
8. ENFORCEMENT. The parties acknowledge that the services required by this
Agreement are a requirement for the Plats to meet traffic concurrency
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requirements. The nondefaulting party shall be entitled to bring an action at law
or in equity to enforce the terms of this Agreement.
9. MISCELLANEOUS PROVISIONS.
9.1 RECORDATION OF AGREEMENT. This Agreement shall be recorded in the
Public Records of Broward County and shall be binding upon the parties hereto
and their respective successors and assigns.
9.2 OWNERSHIP OF DOCUMENTS. Any and all reports, photographs, surveys,
and other data and documents provided or created in connection with this
Agreement are and shall remain the property of COUNTY. In the event of
termination of this Agreement, any reports, photographs, surveys, and other data
and documents prepared by CITY, whether finished or unfinished, shall become
the property of COUNTY and shall be delivered by CITY to the Contract
Administrator.
9.3 AUDIT RIGHT AND RETENTION OF RECORDS. COUNTY shall have the right
to audit the books, records, and accounts of CITY. CITY shall keep such books,
records, and accounts as may be necessary in order to record complete and
correct entries related to the Project.
CITY shall preserve and make available, at reasonable times for examination
and audit by COUNTY, all financial records, supporting documents, statistical
records, and any other documents pertinent to this Agreement for the required
retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if
applicable, or, if the Florida Public Records Act is not applicable, for a minimum
period of three (3) years after termination of this Agreement. If any audit has
been initiated and audit findings have not been resolved at the end of the
retention period or three (3) years, whichever is longer, the books, records, and
accounts shall be retained until resolution of the audit findings. If the Florida
Public Records Act is determined by COUNTY to the applicable to CITY's
records, CITY shall comply with all requirements thereof; however, no
confidentiality or non -disclosure requirement of either federal or state law shall be
violated by CITY. Any incomplete or incorrect entry in such books, records, and
accounts shall be a basis for COUNTY's disallowance and recovery of any
payment upon such entry.
9.4 NONDISCRIMINATION. CITY agrees that it will not discriminate against any
employee or applicant for employment for work under this Agreement because of
race, color, religion, gender, sexual orientation, age, national origin, political
affiliation, or disability. This provision shall include, but not be limited to, the
following: employment upgrading, demotion or transfer; recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeships. CITY agrees to furnish COUNTY with a
copy of its Affirmative Action Policy or in the event that City contracts with a third
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party for this service, such third's party Affirmative Action Policy shall be
furnished to COUNTY.
9.5 INDEPENDENT CONTRACTOR. CITY is an independent contractor under this
Agreement. Services provided by CITY shall be subject to the supervision of
CITY, and such services shall not be provided by CITY or its agents as officers,
employees, or agents of the COUNTY. The parties expressly acknowledge that
it is not their intent to create any rights in any third person or entity under this
Agreement.
9.6 NOTICES. Whenever either party desires to give notice to the other, such notice
must be in writing, sent by certified United States Mail, postage prepaid, return
receipt requested, or by hand -delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set
forth herein until changed in writing in the manner provided in this section. For
the present, the parties designate the following:
FOR BROWARD COUNTY:
Director of Mass Transit Division
Broward County Mass Transit Division
3201 West Copans Road
Pompano Beach, Florida 33069
Director of Development Management Division
115 South Andrews Avenue, Room A240
Fort Lauderdale, Florida 33301
FOR CITY:
Jeffrey L. Miller, City Manager
City of Tamarac
7525 N.W. 881h Avenue
Tamarac, Florida 33321-2401
With a copy to the City Attorney at the same address.
9.7 ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any interest
herein shall be assigned, transferred, or encumbered by either party, and CITY
shall not subcontract any portion of the work required by this Agreement except
as authorized herein.
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CITY represents that all persons delivering the services required by this
Agreement have the knowledge and skills, either by training, experience,
education, or a combination thereof, to adequately and competently perform the
duties, obligations, and services set forth in the Scope of Services and to provide
and perform such services to COUNTY's satisfaction.
CITY shall perform its duties, obligations, and services under this Agreement in a
skillful and respectable manner. The quality of CITY's performance shall be
comparable to the best local and national standards.
9.8 WAIVER OF BREACH AND MATERIALITY. Failure by parties to enforce any
provision of this Agreement shall not be deemed a waiver of such provision or
modification of this Agreement. A waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not
be construed to be a modification of the terms of this Agreement.
COUNTY and CITY agree that each requirement, duty, and obligation set forth
herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof.
9.9 COMPLIANCE WITH LAWS. CITY shall comply with all federal, state, and local
laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations related to this Agreement.
9.10 SEVERANCE. In the event this Agreement or a portion of this Agreement is
found by a court of competent jurisdiction to be invalid, the remaining provisions
shall continue to be effective unless COUNTY or CITY elects to terminate this
Agreement. The election to terminate this Agreement based upon this provision
shall be made within seven (7) days after the finding by the court becomes final.
9.11 JOINT PREPARATION. Preparation of this Agreement has been a joint effort of
the parties and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than any
other.
9.12 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any
document or events referred to herein, or any document incorporated into this
Agreement by reference and a term, statement, requirement, or provision of this
Agreement, the term, statement, requirement, or provision contained in Articles 1
through 9 of this Agreement shall prevail and be given effect.
9.13 APPLICABLE LAW AND VENUE. Any controversies or legal problems arising
out of this Agreement and any action involving the enforcement or interpretation
of any rights hereunder shall be submitted to the jurisdiction of the State Courts
of the Seventeenth Judicial Circuit of Broward County, Florida, the venue sites,
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and shall be governed by the laws of the State of Florida. To encourage prompt
and equitable resolution of any litigation that may arise hereunder, each party
hereby waives any rights it may have to a trial by jury of any such litigation.
9.14 AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document prepared with the same or similar formality as this Agreement and
executed by the parties herein.
9.15 RESPONSIBILITY OF CITY. CITY and COUNTY hereby specifically
acknowledge and agree that CITY is a party to this Agreement for the reason that
it is currently the sole owner of the Tamarac Utilities Administration Plat, and that
the responsibilities set forth herein relating to the provision of transportation
routes are the sole responsibility of the CITY.
[Remainder of page intentionally left blank]
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Agreement on the respective dates under each signature: BROWARD COUNTY
through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair
or Vice Chair, authorized to execute same by Board action on the day of
, 2002, CITY OF TAMARAC, signing by and through its City
Manager, duly authorized to execute same.
ATTEST:
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and
Ex-Officio Clerk of the By
Board of County Commissioners
of Broward County, Florida
Chair
day of (date)
Approved as to form by
Office of County Attorney
Broward County, Florida
EDWARD A. DION, COUNTY ATTORNEY
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
A
Assistant County Attorney
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AGREEMENT AMONG BROWARD COUNTY, CITY OF TAMARAC FOR ROAD
CONCURRENCY RELATING TO THE PLATS.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: CITY OF TAMARAC through
its CITY COMMISSION, signing by and throughttp Mayor, authorized to execute same
by Commission action on the c27 day of _ , 2002,
signing by and
through _ , duly authorized to execute same.
ATTEST:
CITY
CITY OF TAMARAC
By:
Jae Schreiber, Mayor
Date: 7 / c
effr y L. Miller
City Manager
Date: ///1--7/p
Approved as to form and legal
suffici ncy:
By=-t-- j� •Y
Marion Swenson, CIVIC
City Clerk
/B y: U ,
Date: - 1'� } 7�n— ( Mitchell S. t
City ttorn
Date: �� L .
Page 10
STATE OF FLORIDA
6�
COUNTY OF BROWARD
The fore oing instrument was ack wledged before me this
Byae •re�(,er- ,r�wLfil� Is personally known to
n.
My commission expires: NOTARY PU LIC
Commission No.
Type or print name
ITJUNE A. WHITENotary Public - state of FwidaMy Comma ion � Aug 15, 2006Commission 0 D0119065
Bonded By National Notary Assn.
,�2, 7 day of I(AyJem d er
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Page 11
Exhibit A
A PORTION OF TRACTS 25, 26, 31 AND 32 OF "FLORIDA FRUIT LANDS COMPANY
SUBDIVISION NO. 2", AS RECORDED IN PLAT BOOK 1, PAGE 102 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 7,
TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE -
QUARTER (S.E.1/4) OF SAID SECTION 7; THENCE SOUTH 89°19'54" WEST,
ALONG THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER (S.E.1/4) OF SAID
SECTION 7, A DISANCE OF 53.00 TO A POINT ON A LINE 53.00 FEET WEST OF
AND PARALLEL WITH THE EAST LINE OF SAID SECTION 7; THENCE SOUTH
01 °24'48" EAST, ALONG THE LAST DESCRIBED PARALLEL LINE, 120.01 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID PARALLEL LINE
SOUTH 01°24'48" EAST 581.11 FEET; THENCE SOUTH 04°00'49" WEST, 18.89
FEET; THENCE 89°19'54" WEST, 1268.98 FEET; THENCE NORTH 01°24'48" WEST,
599.94 FEET TO A POINT ON A LINE 120.00 FEET SOUTH OF A PARALLEL WITH
THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER (S.E. '/4) OF SAID
SECTION 7; THENCE NORTH 89°19'54" EAST, ALONG THE LAST DESCRIBED
PARALLEL LINE 1270.76 FEET TO THE POINT -OF -BEGINNING. DESCRIPTION
PER DEED RECORDED IN O.R. 14154-474. CONTAINING 17.50 ACRES.
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