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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-112Temp. Reso. #9372 March 27, 2001 1 Revision 1, May 7, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-112 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A "TAMARAC WATER AND SEWER UTILITY EASEMENT" WITH NYCH PARTNERS, LTD., FOR THE LYONS COMMERCIAL SUBDIVISION NO. 2, LOTS 3-8 PROJECT, LOCATED ON THE NORTH SIDE OF COMMERCIAL BOULEVARD BETWEEN PINE ISLAND ROAD AND NW 91$T AVENUE, TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, AND OPERATING THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEMS; 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, the Site Plan for the Lyons Commercial Subdivision No. 2, Lots 3-8 Project, located on the north side of Commercial Boulevard between Pine Island Road and NW 91 st Avenue (a copy of which is attached hereto in map form as "Exhibit 1 ") will be approved for future development by City Commission; and WHEREAS, the development of the Lyons Commercial Subdivision No. 2, Lots 3-8 Project requires the installation of the Water Distribution and Sewage Collection Systems; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution and Sewage Collection Systems required to serve the Lyons Commercial Subdivision No. 2, Lots 3-8 Project; and Temp. Reso. #9372 March 27, 2001 2 Revision 1, May 7, 2001 WHEREAS, NYCH Partners, Ltd., as the owner of the property, has offered the "Tamarac Water and Sewer Utility Easement" forwater mains, water services, fire hydrants and sanitary sewers; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the Lyons Commercial Subdivision No. 2, Lots 3-8 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 "Tamarac Water and Sewer Utility Easement" with NYCH Partners, Ltd., for the Lyons Commercial Subdivision No. 2, Lots 3-8 Project, required for the installation, maintenance and operation of the Water Distribution and Sewage Collection Systems. 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 "Tamarac Water and Sewer Utility Easement" (a copy of which is attached hereto as "Exhibit 2") with NYCH Partners, Ltd., forthe Lyons Commercial Subdivision No. 2, Lots 3-8 Project, located on the north side of Commercial Boulevard between Pine Island Road and NW 91 st Avenue, to allow legal access by City Utility Personnel in performing their duties, including utility installation, maintenance and operation. E E 1 Temp. Reso. #9372 March 27, 2001 3 Revision 1, May 7, 2001 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. 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 9th day of May, 2001. ATTEST: MARION_SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I hav"ppr�ved this RESdLU#ION as to form. MITCHELL S. CITY ATTO RG/DM/mg �c JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER c. DIST 2: COMM. MISHKIN DIST 3: V/M SULTANOF Ldt/( DIST 4: COMM. ROBERTS L,d') EXHIBIT I q3n 2- TEMP. RESO. # Aea6' g ST TEXAC❑ a MCNAB ROAD r g�v. 41 LIME / THE GREENS 3 �P� LIME BAY j BAY % OF TAMARAC SEC, II g' � SEC, I q f COL, W. J CLUB r HOUSE r 67 W nz `r7 r 0 W T ❑D 2 z p f rrrrr , LC w RAL W / W W W fr ��� �% frf�`` LMS W W W 66. T CT r Q w w ❑LF w W W W (, f �, r ��, W W w V LLAS W W W f W //``�•'!`� W r � �' W W ¢ � W W � W ^ W ((� P�w r o•: W W W w NHS P LA / V� W OOL q�•` r U W u W W P ���� v►9G��G�bOs�7 r.J (Y�wW 3 wWW WwWwW WEDGES W� 6 LAND SEC, 8° WEDGEW❑❑D LN w ST W W W W W W 463 W S 3 W W W I W W W W W W W W W W W W ) W / w w w w W W W W w -ZE w r w W W w w w w w BOARDWALK APTS. u SANTA ROSA DR. 61 ST 34 l > 61 ST a PARADISE CT 61 ST z z J PATIO HOMES 6 To+ Q M a m a I a °D PAR, DR LL BOARDWALK APTS. W J 60 ST, 60 w 59 P- T II ca r- PAR, r i� STANLEY LN. / fr r % r w 59 Pt 1 Ljj Q 59 CT W� r LANDINGS ON PARADISE r W- CYPRESS ESTATES % H m 59 ST ago EBRADSHAW LN L3� GREENS E. 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BLDG 57 ST LY❑NS L3-B.DWG LYONS COMMERCIAL SUBDIVISION LOTS 3-8 WATER AND SEWER UTILITY EASEMENT Exhibit 2 TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: g StCAJ k O •-Z NAME OF PROJECT AC Z On this day of that having an address of hereinafter ("Grantor"), expressly grants an easement to 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"), 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 incorporated by reference herein, (hereinafter "the easement area"). Grantee may use the easement area for laying, installing, maintaining, operating 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, Bell South, Sunrise Gas or franchised cable TV that crosses this easement at right angles. 980605 1 Water and Sewer Utility Easement 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 granted or the exercise of the rights of use thereunder. Grantee shall have the right to remove any natural or man made obstructions placed on the easement which impede the easement herein granted or the exercise of the rights thereunder. Grantor grants to the 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. 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 in the 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 concerning this instrument, shall be of no force and effect, excepting a subsequent modification reduced to writing, signed by the party to be charged therewith. 980605 2 Water and Sewer utility Easement IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: GRANTOR i��urbrtecl�,lnc. '/45 JCh, p-i-n. By: By: --� Type Name ( "~ yp " Type Name Corporate Secretary J��� President (Corporate Seal) STATE OF FLORIDA SS COUNTY OF,YIUsQd4,ja61-�- 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 �e lc~ ( to me known to be the person(s) described in and who executed the foregoing instrument and 1,16 acknowledged before me and under oath that . /,-C _ executed the same. WITNESS my hand and official seal this --�,-77/ dayof 449- 200 TARY PUBLIC, State of Florida at Larg jr,�N Janette L Barr * *My Commission CC683942 '.,.« ,,.+ Expires September 28, 2001 (Name of Notary Public: Print, Stamp, or type as Commissioned) ( Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 980605 3 Water and Sewer Utility 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, tMC, City Clerk — __ STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jam;, chreiber MAyor Date: -515 - O I • eYffrey . ill i; City Manager Date: A • b 5-15-01 '. Kraft, : SS / City Attorney V COUNTY OF 60alofd : i I HEREBY CERTIFY that on this day, before6e, an officer duly authorized in the State foresaid and ip the County aforesaid to take acknowledgments, personally appeared J66SCKbiegr �REy1. M�jLc-g to me known to be the person(s) described in and who executed the foregoing instrument and _ _ L acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this 200/ . ►r♦►r►►►►►r►►►►►►rr►►►rr►►r►►►r�q r �, r • r xr •� r r � LAAAA,�A A A A A A, A At A A A ww A A A& A A*A*AAAJ ( �) Personally known to me, or ( ) Produced identification 45- day of NOTARY PUBLIC, State of Florida at Large L4-'WA( M. L-CsAl/A ouls,e- l (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or( ) DID NOT take an oath 980605 4 Water and Sewer Utility Easement IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. AT-1 By: Type Corp (Corporate Seal) STATE OF FLORIDA /Vyc c S i"OXaAO X-SS COUNTY OF F-Lo210, MORTGAGEE ;�r�� anl,ovj 1 139nk By: V p . Type Name 6K, , iN ol C-Jrl --jl—o Al' President 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 GeC 6 �r�CLC- r�A] to me known to be the person(s) described in and who executed the foregoing instrument and 1y-6 acknowledged before me and under oath that executed the same. WITNESS my hand and oal this 1-7-r- ' day of rE6X. U s� y fficial se N ARY PUBLIC, State of Florida at Large 'dy J1119"° L Barr my Commission CC683942 -oiros September 28, 2001 (Name of Notary Public: Print, Stamp, or type as Commissioned) ( Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 980605 5 Water and sewer Utility Easement EXhi:0i t A SK E TCH A ND DESCRIPTION Fog Development Inc. LEGAL DESCRIPTION: A POR T/ON OF L O TS 2, 3, 4 AND 5, BL OCK 9, L YONS COMMERCIAL SUEDI VISION UNI T No. 2, ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T BOOK 69, PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING FULL Y DESCRIBED AS FOLLOWS: COMMENCING A T THE NORTHWEST CORNER OF SAID LOT 2; THENCE NORTH 88 59'06" WEST ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 3.65 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 8859 06" WEST A DISTANCE OF 96.35 TO THE NORTHWEST CORNER OF SAID LOT J; THENCE CONTINUE NORTH 885906" WEST A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 4, THENCE CONTINUE NORTH 885906" WEST, A DISTANCE OF 3.68 FEET, THE LAST 4 CALLS BEING COINCIDENT WITH THE SOUTH RIGHT -OF -WA Y LINE OF N. W. 57th STREET; THENCE SOUTH 00 01'37" EAST, A DISTANCE OF 202.55 FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF THE AFORESAID LOT 4; THENCE CONTINUE SOUTH 00 0137" EAST, A DISTANCE OF 90.46 FEET TO A POINT ON THE NORTH RIGHT -OF -WA Y LINE OF N. W. 56th STREET (WEST COMMERCIAL BOULEVARD); THENCE SOUTH 88 59 06" EAST A DISTANCE OF 98. J5 FEET TO THE POINT OF INTERSECTION WITH THE WEST PROPERTY LINE OF THE AFORESAID LOT J; THENCE CONTINUE SOUTH 8859 06" EAST A DISTANCE OF 100.00 FEET TO THE POINT OF INTERSECTION WITH THE EAST PROPERTY LINE OF THE AFORESAID LOT J; THENCE CONTINUE SOUTH 8859'06', A DISTANCE OF 1.68 FEET THE LAST 3 CALLS BEING COINCIDENT WITH THE NORTH RIGHT -OF -WA Y LINE OF N.W. 56th STREET (WEST COMMERCIAL BOULEVARD); THENCE NORTH 00 0137" A DISTANCE OF 92.28 FEET TO THE POINT OF INTERSECTION WITH THE EAST LINE OF THE AFORESAID LOT J; THENCE CONTINUE NORTH 00 01 J7" WEST A DISTANCE OF 200.73 FEET TO THE POINT OF BEGINNING. SAID LANDS SI TUA TE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, SAID LANDS CONTAIN 58,602 SQUARE FEET (1.345 ACRES) MORE OR LESS. NOTES: 1) THIS IS NOT A SKETCH OF SURVEY 2) Bearings shown hereon are based on the North line of Lot 3 (P.B. 69, PG. 43, B.C.R.) North 88'59'06" West. 3) This Sketch and Description consists of two sheets and is not complete without both sheets. 4) This Sketch and Description is not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 5) The undersigned and David & Gerchar, Inc., make no representations or guarantees as to the information reflected hereon pertaining to easements, rights —of —way, setback lines, agreements and other matters, and further, this instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. lands shown hereon were not abstracted for rights —of —way and/or easements of record. SHEET 1 of z REVISIONS DATE BY CKD FB/PG A POR TION OF L 0 TS 2 3, 4 AND S, BLOCK 9 L YONS COMMERCIAL SUBDIVISIONNO.2 (PLAT BOOK 69, PAGE 43, B. C.R) IL SCALE: JOB N0: AVID & 1" a 80' 99-224L—BANK FB/PG: CAD. FILE: N/A C: \TDWGS\99-224 J. ERCHAR, INC. DRAWN BY: DATE: SURVEYORS AND MAPPERS DEAN M. GERCHAR FOR THE FIRM RRM 10/6/00 PROFESSIONAL SURVEYOR AND MAPPER 4301 Oak Circle, Suite 1 FLORIDA REGISTRATION NO. 5829 CKD. BY: PROD. FILE: Boca Raton, Florida 33431 DAVID & GERCHAR, INC. LB#6935 Tp 99-224 JL (561) 417-6173 • Fax: (561) 417-9619 SK E TCH A ND DESCRIPTION Fog Development Inc. N. W. 57th STREET (106' R/w) P.O. C. NORTHWEST CORNER OF TH R/W LINE OF NORTHWEST CORNER LOT 2, L YONS COMMERCIAL SOUOB p. N,W. 57th STREET OF LOT 4 . SUBDIVISION UNIT NO. 2 200.03- (TOTAL) N 88 59 06" W 100.00' 96.35' 368' I NORTHWEST CORNER OF LOT 3 I LU a. r7 J. 65' 5 r n o h I 1 I njI waa NI 0 I wz a I .. -- -- - N-vrZr------__ ---------- ----- 10W KM SU-SACK UK J OCKA �I R��A� 2 Ba S Ca'"IUNIT Nop L 0 7 2 L o r 5 0^ �gp,v/1151 � 43, B o 0 S I (P.O. �9' C z D T 5 M �L N � L o T 4 I W LEGENDS dF ° a P. O, B. POINT OF BEGINNING a z ,"^i N P. B. PLAT BOOK PG. PAGE ,^O V�I O N B. C. R, BROWARD COUNTY RECORDS 3 p CENTERLINE P. a, C. POINT OF COMMENCEMENT 98.35' 100.00" -- `----N885906"W---- -- -- 200.03' (TOTAL) NORTH R/W LINE OF w 1.68' N.W. 56th STREET/ WEST COMMERCIAL BLVD. r LINE SECTION 8-49-41 N.W. 56 th S TREE T (WES T COMMERCIAL BL VD-) THIS IS NOT A SKETCH OF SURVEY (R/W WIDTH VARIES) SHEET 2 OF 2 REVISIONS DATE BY CKD FB/PG SCALE: JOB N0: AVID A POR TION OF L 0 TS 1" = 80, 99-224L-BANK FB/PG: N/A CAD. FILE: C: \TFOG\99-224 2,3 4 AND S BLOCK 9 ERCHAR, INC. L YONS COMMERCIAL SURVEYORS AND MAPPERS DRAWN BY: DATE: SUBDIVISIONNO.2 T.D. 10/6/00 4301 Oak Circle, Suite 1 CKD. BY: PROJ. FILE: (PLAT BOOK 69, PAGE43, B.C..R.) Boca Raton, Florida 33431 D.M.G. 99-224 (561) 417-6173 • Fax: (561) 417-9619 SKETCHAND DESCRIPTION Fog Development Inc. LEGAL DESCRIPTION.• A POR 77ON OF L O TS 4, 5, 6 AND 7, BL OCK 9, L YONS COMMERCIAL SUBDI VISION F 7NE 2 ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T BOOK 69, PAGE 43, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING FULLY DESCRIBED AS FOLLOWS' BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6, THENCE SOUTH 8859'06" EAST, A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE CON771VUE SOUTH 8859'05" EAST, A DISTANCE OF 96.32 FEET, THE LAST TWO CALLS BEING COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF N.W. 57th STREE T,• THENCE SOUTH 00 01'37" EAST, A DISTANCE OF 202.55 FEET TO THE EAST LINE OF SAID LOT 5; THENCE CONTINUE SOUTH 00 01'37" EAST, A DISTANCE OF 90.46 FEET TO THE NORTH RIGHT -OF -WA Y LINE OF N. W. 56th STREET (WEST COMMERCIAL BOULEVARD); THENCE NORTH 88 59'06" WEST A DISTANCE OF 1.64 FEET TO THE EAST LINE OF SAID LOT 5; THENCE CONTINUE NORTH 88 59'06'" WEST, A DISTANCE OF 100. 00 FEET TO THE WEST LINE OF SAID LOT 5; THENCE CONTINUE NORTH 8859 06" WEST" A DISTANCE OF 98.39. FEET, THE LAST THREE CALLS BEING COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF N.W 56th STREET (WEST COMMERCIAL BOULEVARD); THENCE NORTH 0001'37" WEST, A DISTANCE OF 88.64 FEET TO THE WEST LINE OF SAID LOT 6; THENCE CONTINUE NORTH 0001'37"" WEST, A DISTANCE OF 204.37 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF N.W. 57th STREET; THENCE SOUTH 88 59 06" EAST A DISTANCE OF J. 71 FEET TO THE POINT OF BEGINNING. SAID LANDS 51TUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. SAID LANDS CONTAIN 58, 601.8 SQUARE FEET (1.35 ACRES) MORE OR LESS. NOTES: 1) THIS IS NOT A SKETCH OF SURVEY 2) Bearings shown hereon ore based on the North line of Lott (P.B. 69, PG. 43, B.C.R.) South 88'59'06" East. 3) This Sketch and Description consists of two sheets and is not complete without both sheets. 4) This Sketch and Description is not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 5) The undersigned and David & Gerchar, Inc., make no representations or guarantees as to the information reflected hereon pertaining to easements, rights —of —way, setback lines, agreements and other matters, and further, this instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. lands shown hereon were not abstracted for rights —of —way and/or easements of record. SHEET 1 OF 2 REVISIONS DATE BY CKD FB/PG A PORTION OF L 0 TS 4, S, 6AND 7, BLOCK 9 L YONS COMMERCIAL SUBDIVISIONNO. 2 (PLAT BOOK 69, PAGE43, B.C.R) SCALE:dN/A-. JOB 22 AVID & 1"99-2241.—WENDY5-2 FB/PG:CAD. FILE: C:\MWGS\99-224 PEDLUCHAR, mc. DRAWN BY: DATE: SURVEYORS AND' MAPPERS DEAN M. GERCHAR FOR THE FIRM T.D. 9/8/DO ROFESSIONAL SURVEYOR AND MAPPER 4301 Oak Circle, Suite 1 P FLORIDA REGISTRATION NO. 5829 CKD. BY: IP ROJ. FILE: Boca Raton, Florida 33431 DAVID & GERCHAR, INC. LB#6935 D.M.G. 99-224 (561) 417-6173 •Fax: (Sfil) 417-9619 SKETCHAND DESCRIPTION Fog Development Inc. N. W. 57th STREET P. 0. B. (106' R/W) INORTHWEST CORNER OF SOUTH R/W LINE OF LOT 6, L YONS COMMERCIAL N.W. 57th STREET SUBDIWSION UNIT NO. 2 00.03' TOTAL .i 71 100.00' 96.32' NORTHWEST CORNER OF LOT 5 3 Q a,w W.M Wr-emx ------------------- L------------- _— — -- L LOT 7 gLS Comm IrIN�' a wE LOT 4 LY°iviSION ° 13s.C_R') CE 0 4 SUgp pG. J LOT 5Uj W �Q tn J LOT 6 o0 '- ip P. p. B. PRINT OF BEGINNING a w P. B. PLAT BOOK v~i O PG. PAGE W B. C. R. BROWARD COUNTY RECORDS ' 1.64' q CENTERLINE r 98.39' 100.00' ----- N 885906" W------ ---- 200.03' (TOTAL) NORTH R/W LINE OF 9 N. W 56th STREET N.W. 56th STREET/ WEST COMMERCIAL BLVD. I (WEST COMMERCIAL BLVD.) r `SpUTH LJNE SECTION B-49-41 (R/W WDTH VARIES) THIS IS NOT A SKETCH OF SURVEY SHEET 2 OF 2 REVISIONS I DATE BY CKD L FB/PG A PORTION OFLOTS 4, 5, 6AND 7, BLOCK 9 L YONS COMMERCIAL SVBDIVISIONNO. 2 (FLATBOOK 69, PAGE43, B.C.R.) OB NO: 99-224L-�WENDYS-2 CAD. FILE: C:\TFOG\99-224 E DATE: 9/a/00 PROJ.FILE: 99-224 AVID & T ERCHA.R, wc. SURVEYORS AND MAPPERS 4301 Oak Circle, Suite 1 Boca Raton, Florida 33431 (561)417-6173•Fax: (561)417-961.9 SKETCHAND DESCRIPTION Fog Development Inc. LEGAL DESCRIP770N.- L 0 T 8, TOGETHER W/ TH A POR TION OF L 0 IS 6 AND 7, BL OCK 9, L YONS COMMERCIAL SUBDI VISION UN/ T No. 2, ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T BOOK 69, PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING FULLY DESCRIBED AS FOLLOWS. - BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE SOUTH 8859'06" EAST, ALONG THE NORTH LINE OF SAID LOT 8, A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 7; THENCE CONTINUE SOUTH 8859 06" EAST, A DISTANCE .OF 96.28 FEET, THE LAST 3 CALLS BEING COINCIDENT WITH THE SOUTH RIGHT—OF—WAY LINE OF N.W. 57th STREET; THENCE SOUTH 00 O1 '37 , A DISTANCE OF 200. 73 FEET TO THE POINT OF INTERSECTION WITH THE EAST LINE OF THE AFORESAID LOT 7; THENCE CON 17NUE SOUTH OD 01'37" EAST, A DISTANCE OF 92.28 FEE I, TO A POINT ON THE NORTH RIGHT —OF WA Y LINE OF N. W. 56th STREET (WEST COMMERCIAL BOULEVARD); THENCE NORTH 8859 06'; A DISTANCE OF 1.61 FEET TO THE POINT OF INTERSECTION WITH THE EAST PROPERTY LINE OF 7HE AFORESAID LOT 7 THENCE CONTINUE NORTH 88 59 06" WEST A DISTANCE OF 100.00 FEET TO THE POINT OF INTERSECTION WITH THE WEST PROPERTY LINE OF THE AFORESAID LOT 7,• THENCE CON77NUE NORTH 8859 06 WEST A DISTANCE OF 100.00 FEET TO THE POINT OF INTERSECTION WITH THE WEST PROPERTY LINE OF THE AFORESAID LOT 8, THE LAST THREE CALLS BEING COINCIDENT WITH THE NORTH RIGHT-OF—WAY LINE OF N.W. 56th STREET (WEST COMMERCIAL BOULEVARD); THENCE NORTH 010054" EAST, ALONG THE WEST LINE OF THE AFORESAID LOT 8, A DISTANCE OF 292.96 FEET, TO THE POINT OF BEGINNING. SAID LANDS SI TUA TE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. SAID LANDS CONTAIN 58,284 SQUARE FEET (1.338 ACRES) MORE OR LESS NOTES: 1) THIS IS NOT A SKETCH OF SURVEY 2) Bearings shown hereon are based on the North line of Lot 8 (P.S. 69, PG. 43, B.C.R.) South 88'59'06" East. 3) This Sketch and Description consists of two sheets and is not complete without both sheets. 4) This Sketch and Description is not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 5) The undersigned and David & Gerchar, Inc., make no representations or guarantees as to the information reflected hereon pertaining to easements, rights —of —way, setback lines, agreements and other matters, and further, this instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. lands shown hereon were not abstracted for rights —of —way and/or easements of record. SHEET l OF 2 REVISIONS DATE BY CKD FB/PG LOT 8 TOGETHER WITH A PORTION OFLOTS 6AND7,BLOCK9 L YONS COMMERCIAL SVBDIVISIONNO. 2 (PLATBOOK69, PAGE43, B.C.R.) SCALE: 1 " 80, FB/PG: N/A DRAWN BY: DEAN M. GERCHAR FOR THE FIRM RRM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO. 5829 �CCKD. BY: DAVID do GERCHAR, INC. 1-8#6935 TO JOB NO: 99-224L—TB CAD. FILE: C:\TDWGS\99-224 DATE: 10/6/00 PROJ. FILE: 99-224 AVID & ERCHAR, INC. SURVEYORS AND MAPPERS 4301 Oak Circle, Suite 1 Boca Raton, Florida 33431 (561) 417-6173 - Fax: (561) 417-9619 SKETCHAND DESCRIPTION Fog Development Inc. N. W. 57th STREET (106' /4/W) 0. HWEST CORNER OF 8, LYONS COMMERCIAL SOUTH R/W LINE OF IWSION UNIT NO. 2 N.W, 57th STREET T 196.26' (TOTAL) N 88 5906" W 100.00' 95.28' NORTHWEST CORNER OF LOT 7 w o17� o w I NI C? -w N � --__ 0.0OD I I ---------� -9--------- ---�- w� 1W 8= SCr-9Aac urt � BLocK MERCIAL 2 I a oNs CO��N�r N �.R) A LOT 6 L O r s SUg��VISION 43, g o "r v �p.B 69' L O r 7 L o r 8 1 LU - Q a r �. I o o p�p.B. POINT OF BEGINNING � � ;� a w p. B. PG. PLAT BOOK PAGE in Q N ' q '�q B. C. R. ¢ BROVAR➢ COUNTY RECORDS CENTERLINE r Z 100.00' I 100.00' I --- --S 885906"E----J -- — -- 201.61' (TOTAL) NORTH R/W LINE OF 0 1.61' N.W. 56th CO STREET/I (WEST COMMERCIALL BLVD.) jL — LINE SECnON 8-49-41 N. W. 56 th STREET (WEST COMMERCIAL BL VD.) THIS IS NOT A SKETCH OF SURVEY REVISIONS LOT 8 TOGETHER WITH A PORTION OFLOTS 6AND 7, BLOCK 9 L YONS COMMERCIAL SVEDIVISIONNO. 2 (PLATBOOK69, PAGE43, B.C.R.) (R/W W/D7N VARIES) SCALE: JOB NO: 99-224L-TB FB/PG: CAD. FILE: N/A C:\TFOG\99-224 DRAWN BY: DATE: T.D. 10/6/00 CKD. BY: PROJ. FILE: O,M.G. 99-224 SHEET 2 OF 2 DATE I BY I CKD AVID & ERCHAR, nvc. SURVEYORS AND MAPPERS 4301 Oak Circle, Suite 1 Boca Raton, Florida 33431 (561) 417-6173 • Fax: (561) 417-9619 Exhibit D SKETCHAND DESCRIPTION Fog Development Inc. LEGAL DESCRIPTION: A STRIP OF LAND L YING WITHIN A PORTION OF LOTS3, 4, 5, 6 & 7, BLOCK 9, L YONS COMMERCIAL SUBDI VISION NO, 2 A CCORDING TO THE PL A T THEREOF, A S RECORDED IN PLAT BOOK 69, PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS.• COMMENCING A T THE NOR THEA S T CORNER OF SA ID L O T 3,- THENCE SOU TH 01 00 54 " WES I, ALONG THE EAST LINE OF SAID LOT 3, BLOCK 9, A DISTANCE OF 27.22 FEET; THENCE NORTH 8859'05" WEST, A DISTANCE OF 67.27 FEET TO THE POINT OF BEGINNING THENCE - SOUTH 89 50 52" WEST, A DISTANCE OF 364.45 FEET; THENCE SOUTH 00 09'08" EAST, A DISTANCE OF 20.00 FEET; THENCE NORTH 89 50'52" EAST, A DISTANCE OF 364.40 FEET, THENCE NORTH 00 00'00" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SI TUA TE, LYING AND BEING IN SROWARD COUNTY, FLORIDA. CONTAINING 7,288.5 SQUARE FEET MORE OR LESS. NOTES: 1) THIS IS NOT A SKETCH OF SURVEY 2) Bearings shown hereon are based on the North line of Lott (P.B. 69. PG, 43, B.C.R.) South 88'59'06" East. 3) This Sketch and Description consists of two sheets and is not complete without both sheets. 4) This Sketch and Description is not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 5) The undersigned and David & Gerchor, Inc., make no representations or guarantees as to the information reflected hereon pertaining to easements, rights —of —way, setback lines, agreements and other matters, and further, this instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. lands shown hereon were not abstracted for rights —of —way and/or easements of record. REVISIONS DEAN M. GERCHAR FOR THE FIRM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO. 5829 DAVID & GERCHAR, INC. LB#6935 DATE I BY I CKD I FB/PG SCALE: JOB NO: N/A 99-224--SAN-3-7 FB/PG: CAD. FILE: N/A C:\TDWGS\99-224LEGAL DRAWN BY: DATE: D.M.G. 1/12/01 CKD, BY: PROJ. FILE: RRM 99-224 THIS IS NOT A SKETCH OF SURVEY SHEET 1 OF 2 SA NITA R YEA SEMENT BLOCK 9, L YONS COMMERCIAL SUBDIVISIONNO.2 (PLAT BOOK O, PAGE 43, B. C.R.) AVID & ERCHAR, INC. SURVEYORS AND MAPPERS 4301 Oak Circle, Suite 1 Boca Raton, Florida 33431 (561) 417-6173 • Fax: (561) 417-9619 SKETCHAND DESCRIPTION Fog Development Inc. i I I N of I 1 ' I I I __ __., r z _._..___—_— i_ —_—_ 1 oI I 20.00' I S 00*0908" E' I I_—_—w_—_--_--- I I — 7 CO. e r- Q D O I 53 vl 1 r --_ _ _.._ _,__—_-- O Cn ,mot C M I I I 5� a I rn I �� m0 I (• pYP I { mc,S� z 'IN 0.00p� tio 2 m 1.OB I� C w v1�i EAST PROPERTY LINE LOT 3� m 1 I I 1� �A —__ 1 i� S 01b0'54" L�z2' W I P. 0. C. NOR7HEA5T CORNER OF LOT .J, BLOCK 9, LYONS LEGEND COMMERCIAL SUROINS/ON UNIT NO 2 P.B. PLAT BOOK PG. PAGE B.C.R. BROWARD COUNTY RECORDS P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING P.O.T, POINT OF TERMINUS O.R.B. OFFICIAL RECORD BOOK THIS IS NOT A SKETCH OF SURVEY SHEET 2 OF 2 REVISIONS DATE BY I CKD FB/PG SCALE: 1" - 80 JOB NO: AVID & SA NITA R Y EA SEMENT 99-224—SAN-3-7 1"CAD. FB/PG: FILE: C:\TDWGS\99-224LEGAL A POR TION OFLOTS 3 THRU7 ERCHAR, BLOCK9, LYONS N/A INC. DRAWN BY: DATE: COMMERCIAL SURVEYORS AND MAPPERS SUBDIVISIONNO. Z D.M.G. 1/12/01 Oak Circle, Suite 1 Boca Raton, Florida 33431 (PLAT BOOK69, PAGB43, B.C.R.) CKD. BY: PROJ. FILE: RRM 99-224 (561)417-6173•Fax: (561)417-9619 of SKETCHAND DESCRIPTION Fog Development Inc. LEGAL DESCRIPTION,. A STRIP OF LAND LYING WITHIN A PORTION OF L 0 TS 3, 4, 5, 6 & 7, BLOCK 9, L YONS COMMERCIAL SUBDI VISION NO. 2, A CCORDING TO THE PL A T THEREOF" A S RECORDED IN PLAT BOOK 69, PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS.• COMMENCING A T THE NOR THEA S T CORNER OF SA ID L 0 T J; THENCE SOU TH 01 00 54 " WES T, ALONG THE EAST LINE OF SAID LOT 3, BLOCK 9, A DISTANCE OF 274.96 FEET,, THENCE NORTH 8859'06" WEST A DISTANCE OF 34.41 FEET TO THE POINT OF BEGINNING,. THENCE NORTH 74 08 30'; A DISTANCE OF 6757 FEET THENCE NORTH 86 20'56" WEST A DISTANCE OF 85.39 FEET THENCE NORTH 01 00 54 " EAST A DISTANCE OF 51.85 FEET THENCE NORTH 8859 06" WEST A DISTANCE OF 15.00 FEET,- THENCE SOUTH 01 0054" WEST, A DISTANCE OF 57. 16 FEE T; THENCE NORTH 86 20 56" WEST A DISTANCE OF 99. 17 FEET"' THENCE SOUTH 8978 50" WEST, A DISTANCE OF 39.91 FEET,• THENCE NORTH 01 02'06" EAST A DISTANCE OF 63.38 FEET,. THENCE NORTH 88 57 54 " WEST A DISTANCE OF 15 00 FEET" THENCE SOUTH 01 02'06" WEST A DISTANCE OF 63.83 FEET" THENCE SOUTH 89'18'50" WEST A DISTANCE OF 101.56 FEET;THENCE SOUTH 00 41 ' EAST, A THENCE - DISTANCE OF 15,00 FEET THENCE NORTH 89'18'50", A DISTANCE OF 156.48 FEET THENCE SOUTH 8620'56" EAST, A DISTANCE OF 197.96 FEET. THENCE SOUTH 74 08'30 A DISTANCE OF 67.92 FEET THENCE SOUTH 8859'06 EAST, A DISTANCE OF 7.95 FEET THENCE NORTH 0100'S4" EAST, A DISTANCE OF 15, 00 FEET fiO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY" FLORIDA. CONTAINING 8,086.2 SQUARE FEET MORE OR LESS. NOTES: 1) THIS IS NOT A SKETCH OF SURVEY 2) Bearings shown hereon are based on the North line of Lott (P.B. 69, PG. 43, B.C.R.) South 88'59'06" East. 3) This Sketch and Description consists of two sheets and is not complete without both sheets, 4) This Sketch and Description is not volid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper, 5) The undersigned and David & Gerchor, Inc., make no representations or guarantees as to the information reflected hereon pertaining to easements, rights--of--way setbock lines, agreements and other matters, and further, this Instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. lands shown hereon were not abstracted for rights —of —way and/or easements of record, REVISIONS DEAN M. GERCHAR FOR THE FIRM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO, 5829 DAVID do GERCHAR, INC. LB06935 DATE I BY I CKD SCALE N/A FB/PG: N/A DRAWN BY: D.M.G. CKD. BY: RRM FB/PG THIS IS NOT A SKETCH OF SURVEY SHEET 1 OF 2 WA TERLINE EASEMENT A PORTION OFLOTS 3 THRU 7 BLOCK 9, L YONS COMMERCIAL SUBDIVISION NO.2 (PLATBOOK 69, PAGE43, B.C.R.) JOB NO: 99-224-H2O-3-7 CAD. FILE: C:\TDWGS\99--224LEGAL DATE: 1/12/01 PROJ. FILE 99-224 AVID & ERCHAR, INC, SURVEYORS AND MAPPERS 4301 Oak Circle, Suite 1 Boca Raton, Florida 33431 (561) 417-6173 • Fax: (561) 417-9619 SKETCHAND DESCRIPTION Fog Development Inc. �I w i m AI 6D' - �zl \`nJ� �n I n I 8859 06" E1 1.95' N 01'70 5 15.00' f I � I I I I I rog ________ I m I mF 15.00' S 0041'10" £ I I I w m O APR Z I vm, I M g V � I W _�---__ —� 1 I � I � I 6" W I (� �f-9'0 N 885754" W j 15.00' N Of '02'Q6 y 63.38 E _ � I 15.00' Z —<1 O �O Ojc�) 7z' w�� z 51.16' I n ti . W 0 N 8859 06" W ��`" r `` - -•- -- N 01 t70 54 £ 15.00' !� I � I � I I I � £ I P.O. B. I I I N 8859 0¢" W 34.41 EAST PROPER T� LINE LOT 3 Y�I - - _ ?74.96' 501170$, ItT� T --- - I I P. O, C. NORrH,cA5T CORNER OF L 0 r J, BLOCK 9, L YON5 C011 C/AL SUBPI V75/ON UNIT NO. 2 IEOEND P.B. _„_ PLAT BOOK PG. PAGE B.C.R. BROWARD COUNTY RECORDS P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING P.O.T. POINT OF TERMINUS O.R.B. OFFICIAL RECORD BOOK REVISIONS SCALE: WATERLINEEASEMENT A PORTIONOFLOTS3 THRU7 FB/PG: BLOCK9, LYONS NSA COMMERCIAL DRAWN BY: SVBDIVISIONNO. 2 D.M.G. (FLATBOOK69, PAGE43, B.C.R.) F �RRM THIS IS NOT A SKETCH OF SURVEY SHEET 2 OF 2 DATE I BY ICKD I FB/PG JOB NO: 99w224-H2O-3-7 AVID & CAD. FILE: C: \TDWGS\99-224LEGAL ERCHAR, INC. DATE: 1/12/01 SURVEYORS AND MAPPERS PROJ. FILE: 4301 Oak Circle, Suite 1 Boca Raton, Florida 33431 99-224 (561) 417-6173 • Fax: (561) 417-9619