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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-334Temp. Reso. #9596 October 31, 2001 1 CITY OF TAMARAC, FLORIDA wW RESOLUTION NO. R-2001-334 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A WATER AND SEWER DEVELOPER'S AGREEMENT FOR TWENTY-NINE (29) NON-RESIDENTIAL WATER AND SEWER BUILDING CONNECTIONS REQUIRING 47.5 ERC'S FOR WATER AND 47.5 ERC'S FOR SEWER, A TAMARAC WATER AND SEWER UTILITY EASEMENT, AND A BILL OF SALE ABSOLUTE WITH RAMCO-GERSHENSON PROPERTIES, L.P., FOR THE SUNSHINE PLAZA PROJECT, LOCATED ON THE NORTHWEST CORNER OF WEST COMMERCIAL BOULEVARD AND STATE ROAD 7; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID DOCUMENTS IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE 197_119:9 WHEREAS, Ramco-Gershenson Properties, L.P., is the owner of the Sunshine Plaza Project, located on the northwest corner of West Commercial Boulevard and State Road 7 (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, the Ramco-Gershenson Properties, L.P., has offered a Water and Sewer Developer's Agreement (a copy of which is attached hereto as "Exhibit 2") to the City of Tamarac for the Sunshine Plaza Project, as required by Code Sections 10- 121(d), 10-122(f) and 10-123(e); and 11 Temp. Reso. #9596 October 31, 2001 2 WHEREAS, the Water and Sewer Developer's Agreement reserves 47.5 ERC's for water and 47.5 ERC's for sewer; and WHEREAS, Ramco-Gershenson Properties, L.P., has also offered the "Tamarac Water and Sewer Utility Easement" for water mains, water services, fire hydrants and sanitary sewers (a copy of which is attached hereto as "Exhibit B"); and WHEREAS, Ramco-Gershenson Properties, L.P., has also offered a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Sunshine Plaza Project (a copy of which is attached hereto as "Exhibit C"); and WHEREAS, it is the recommendation of the Director of Utilities that a Water and Sewer Developer's Agreement, a Tamarac Water and Sewer Utility Easement and a Bill of Sale Absolute be approved and executed for the Sunshine Plaza Project; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it in the best interest of the citizens and residents of the City of Tamarac to accept and execute a Water and Sewer Developer's Agreement, a Tamarac Water and Sewer Utility Easement and a Bill of Sale Absolute with Ramco-Gershenson Properties, L.P., for the Sunshine Plaza Project. n 1 Temp. Reso. #9596 October 31, 2001 3 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 Water and Sewer Developer's Agreement, a Tamarac Water and Sewer Utility Easement and a Bill of Sale Absolute with Ramco-Gershenson Properties, L.P., for the Sunshine Plaza Project, located on the northwest corner of West Commercial Boulevard and State Road 7. SECTION 3: The City Clerk is hereby authorized and directed to record said documents 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: passage and adoption. Temp. Reso. #9596 October 31, 2001 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED, AND APPROVED this 14th day of November, 2001. ATTEST: MARION SWE SON, CMC - CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL W K CITY ATTORI' RG/DM/mg JOE SCHREIBER O- RECORD OF COMMISSION VOTE: MAYOR SCHREIBER _AM DIST 1: COMM. PORTNER ,q DIST 2: COMM. MISHKIN fl g DIST 3: V/M SULTANOF A ei DIST 4: COMM. ROBERTS A el 1 1 EXHIBIT 1 CD 1xs' �P qLM. W LL GOLF COURSE w a s z w W\ W W w LAKESIDE W a aJ s LAKESIDE DR ASTORIA SEVEN PAL Ge DINER WINDS I CLUBD X a FIRE c) w w \� > STA w 53 S. w 5 4. p0 O, 01- �7� a a W BISHOP -4�'l �'1 AllH a a SI TE b.5J �� y 11"$ ,�/ ~ LOCATION LAND SEC, SE 5A 'o�\ 13 TAMARAC ANIMAL H❑SP. w W w R1 9 CORAL �j MIDAS X NATIONS w 49 CT GABLES = a BANK w BANK _ w rn M❑BILE a D 1411 INw AMOC❑ N r � BUNNING > > w '�' 7 ¢ k. Jp BUD'S z wy FLORISTix Z 1� 49 CT ¢ F a r a 3 H p z Ja w yf �'� P '� v v v v � a2 J q % DONUT ' 0 w m y � R 49 ST � 11 m Lo 49 ST 'd a2 Ptah 1 PLA7ZA GINA'S 49 ST 49 ST. BUSINES tq DR 4B CT g 7 t��, > ¢ f 2 3 �P 48 IH❑P 48EST UPLAND DR S. 1 W a 47 CT 1 a 47 CT ti� 47 CT M aC3¢ _ 47 ST w 47 ST � � 47 ST � a d� Q 46 ST w 46 ST > a g N 45 CT N Ln SUNSHINE_PLALP SUNSHINE PLAZA WATER & SEWER DEVELOPER'S AGREEMENT, TAMARAC WATER & SEWER UTILITY EASEMENT AND BILL OF SALE ABSOLUTE 46 "Exhibit 2" TAMARAC UTILITIES WATER AND SEWER DEVELOPER'S AGREEMENT FOR: SUNSHINE PLAZA SHOPPING CENTER (EXISTING SHOPPING CENTER) GENERAL LOCATION: NORTHWEST CORNER OF COMMERCIAL BLVD. AND 441 (STATE ROAD 7) THIS Agreement effective this day of A[L2001, made and entered into by and between: The CITY OF TAMARAC, at 7525 Northwest 88th Avenue, Tamarac, Florida 33321, a municipal corporation of the State of Florida, hereinafter called "City" and RAMCO-GERSHENSON PROPERTIES, L.P. at 27600 NORTHWESTERN HWY., SUITE 200, SOUTHFIELD, MICHIGAN 48034 hereinafter called "Owner" WHEREAS, City is the owner and operator of a water treatment plant, together with water distribution and sewage collection facilities known as `Tamarac Utilities Water and Sewer System"; WHEREAS, Owner purchased a certain piece of real property in the City of Tamarac, Broward County, Florida on May 1, 1996; WHEREAS, at the time of the purchase the property had already been developed into a shopping center known as Sunshine Plaza; WHEREAS, a part of those improvements, water and sewer line, meters and related facilities were in place at the time of the Owner's purchase and continue to be in place today; WHEREAS, the City is and has provided water, sewer service and water and sewer system maintenance to the property and the Owner has continued to pay for such service; WHEREAS, there are numerous meters on the property which the parties acknowledge are the property of the City. WHEREAS, it has been determined that there does not exist a developer agreement between the City and the current or prior owners of the property setting out the terms and obligation of the parties for such services; WHEREAS, the parties desire to enter into an Agreement setting forth the mutual understandings and undertakings regarding the furnishing of said water and sewer services for the Property described in Exhibit "A' attached hereto (hereinafter referred to as the "Property"); and WHEREAS, the City Commission has approved this Agreement and has authorized the proper City officials to execute this Agreement by Resolution passed at a regular City Commission meeting on l4oy_ N , 2001. NOW, THEREFORE, in consideration of the mutual covenants and undertakings of City and Owner and other good and valuable considerations, these parties covenant and agree with each other as follows: PART I. OWNER'S OBLIGATIONS A. The existing meters shall not be removed, moved, bypassed, or altered in any way except by the City. Violation of this paragraph may result in a penalty of up to $500.00, declaration of this Agreement to be in default, or both. The imposition of a penalty shall be at the sole discretion of the City Manager or his designee. B. Non -metered use of City water or use of water from fire hydrants may result in a penalty of up to $500.00, declaration of this Agreement to be in default, or both. The imposition of a penalty shall be at the sole discretion of the City Manager or his designee. C. Owner shall convey to the City and its successors and assigns, by good and sufficient exclusive easement deed(s), in a form satisfactory to City, a perpetual right, easement and privilege to operate, maintain, repair or replace all water and sewer mains, pipes, connections, pumps and meters within granted easement(s) upon Owner's Property in connection with supplying water and sewer service to the inhabitants, occupants and customers in Owner's Property. If required, Owner shall secure from each mortgage and lienor a release of mortgagees' and lienors' interest in the easement(s) and fixtures thereon for so long as the easement(s) are used for the operation, maintenance, repair or replacement of water and sewer mains, pipes, connections, pumps and meters within the easement(s). The easement(s) required by this section shall be provided by Owner to the City, on the form attached as Exhibit "B", as a condition to the issuance of a temporary Certificate of Occupancy for any construction which the utilities encompassed by the easement(s) service. Such easement(s) shall be processed by the City for approval in an expeditious manner. It is further understood that it is not a condition to the issuance of any building permits for new construction that any such easements be provided to the City. D. Owner shall transfer to the City by Bill of Sale Absolute, on the form attached as Exhibit "C", all of Owner's right, title and interest in and to all water and sewer supply lines, mains, pumps, connections, pipes, valves, meters and equipment installed up to and within granted easements. E. Owner agrees, to the extent the existing water and sewer supply lines, mains, pumps, connections, pipes, valves, and equipment are replaced by Owner, to adhere to the City's current standards and requirements for materials and installation. PART II. CITY'S OBLIGATION City shall maintain the water distribution system and sewage collection system up to and within granted easements upon Owner's Property. However, the City will only be responsible for the maintenance of the sewer collection system from manhole to manhole and up to the first cleanout of the service lateral within the granted easements and the City will only be responsible for the maintenance of the water distribution up to the meter, fire hydrant, or fireline service within the granted easements. The obligation of the City is to furnish water and/or sewer service to the Owner's Property consistent with the current and past service. 2 PART III. MUTUAL COVENANTS It is mutually agreed by and between the parties that the preambles contained at the beginning of this Agreement are true and correct and in addition to them, it is mutually covenanted and agreed, as follows: A. ASSIGNMENT OF THIS AGREEMENT In addition to binding Owner, the provisions of this Agreement shall run with the land and be binding upon and inure to the benefits of successors in title to the Property after this Agreement has been recorded in the Public Records of Broward County, Florida. However, any other assignment or transfer of Owner's rights and obligations is prohibited unless: 1. Assignment shall be done in writing in the same formality as this Agreement. 2. City shall be a party of said assignment and shall not withhold approval of assignment unreasonably. 3. Owner shall remain primarily liable to City for the terms and conditions of this Agreement unless assignment is made in compliance with this section. City agrees to execute a "satisfaction by assignment" for Owner if this Agreement is properly assigned. Owner agrees to make full disclosure to any party purchasing all or any part of the Property encompassed by this Agreement as to all the terms hereof. PART IV. MUTUAL ADDITIONAL COVENANTS PARTICULARLY FOR FUTURE CONSUMERS AND ASSIGNEES AS WELL AS OWNER It is mutually covenanted and agreed by and between the parties as follows: A. EXCLUSIVE RIGHTS OF CITY City shall have the exclusive right to furnish water service and sewage collection service to consumers within the Property covered by this Agreement. B. WELLS PROHIBITED EXCEPT FOR IRRIGATION Owner, his successors and assigns, and the owners and occupants of buildings on Owner's Property shall not install or maintain any water wells except for irrigation purposes. C. PROMULGATION OF REASONABLE RULES OF SERVICES City shall have the right to promulgate from time to time reasonable rules and regulations relating to the furnishing of water service and sewage collection service to consumers within the Property encompassed by this Agreement. Such rules and regulations may relate to, but are not limited to, rates, deposits and connection charges and the right to discontinue services under certain conditions. The water and sewer rates to be charged by City to said customers shall be the rates now or hereafter charged to other customers within the area of service of Tamarac Utilities Water and Sewer System. Owner hereby acknowledges and agrees that the rates are subject to change at any time by City. D. CITY NOT LIABLE FOR OWNER'S OR CONSUMER'S PROPERTY City shall not be liable or responsible for maintenance or operation of any pipes, pipelines, valves, fixtures or equipment on any of the properties of the customers, consumers or users on Owner's Property other than the water main and water service lines and all associated pipes, pipelines, valves, fixtures or equipment (from the water main to the water meter) and the sewage collection system within granted easements to City pursuant to this Agreement. E. SYSTEM ON CONSUMER'S PROPERTY TO BE KEPT IN GOOD WORKING CONDITION Each consumer of water service or sewage collection service on Owner's Property shall keep all water pipes, service lines including cleanouts, connections and necessary fixtures and equipment on the premises occupied by said consumer and within the customer's side of the meter occupied by the consumer in good order and condition. The sale of water by City to the consumer shall occur at the consumer's side of the meter but the obligation for the maintenance of the lines shall be as set forth above and in applicable City regulations. F. EFFECTIVE DATE Unless otherwise specified in this Agreement, this Agreement shall not be binding until fully executed, but once executed, it shall have a retroactive effect commencing from the date of the City Commission meeting at which it was approved which date shall be noted on page one hereof. G. CONDITIONS ON FIRE HYDRANT USE No water from City's water distribution system shall be used or disbursed by Owner or his agents, through fire hydrants or water mains, or by any person, firm, corporation or agency, public or private, unless the Director of Utilities has first approved the use and the connection, and there has first been made adequate provisions for compensating City for such water. H. DISCLAIMER Any temporary cessations or interruptions of the furnishings of water and sewer service to the Property described herein at any time caused by an Act of God, fires, strikes, casualties, accidents, power failures, necessary maintenance work, breakdowns, damage to equipment or mains, civil or military authority, riots or other cause beyond the control of the City shall not constitute a breach of the provisions contained herein nor impose liability upon the City, the Owner, his successors and assigns. In all other respects, City agrees to use its best efforts to timely restore water and sewer service to the Property following any temporary cessation and/or interruption of service to the Property caused by any of the acts mentioned above. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. 4 J. RECORDING OF AGREEMENT This Agreement shall be recorded by the City in the Public Records of Broward County, Florida, for the particular purpose of placing all owners or occupants of properties in Owner's Property connected to or to be connected to said water and sewer systems of City upon notice of each and every one of the provisions herein contained to the same extent and with the same force and effect as if said owners and occupants had joined with the parties to this Agreement in the execution thereof, and the acquisition or occupancy of real property in Owner's Property connected to or to be connected to the said water and sewer system of City shall be deemed conclusive evidence of the fact that the said owners or occupants have consented to and accepted the Agreement herein contained and have become bound thereby. K. HOLD HARMLESS PROVISION It is mutually agreed that the City shall be held harmless from any and all liability for damages if City's obligations under this Agreement cannot be fulfilled as a result of any ruling or order by any other governmental or regulatory agency having jurisdiction over the subject matter hereof, and in such event, this Agreement shall be null and void and unenforceable by either party regarding that portion of the Owner's Property for which City cannot perform its obligation. Furthermore, the City shall be held harmless and shall not be responsible for the replacement, or costs associated with the replacement, of any structures placed on or located within the utility easement, including landscaping, which are removed, damaged or destroyed by the City's use of the utility easement. L. CONTROL OF CROSS CONNECTIONS AND BACK -FLOW 1. No new water service connection shall be installed or maintained by the City unless the public water main is protected by an approved back -flow prevention assembly as required by Florida Administrative Code 62-555, applicable DEP regulations and this Section. 2. Any back -flow prevention assembly required by subsection (L)(1) above shall be of a model, type and size approved by the Director of Utilities for the City of Tamarac, or his Designee, utilizing accepted practices and standards established by the American Water Works Association, AWWA C-506-78 and American Society of Sanitary Engineers Standard 1024 and 1020. 3. Service of water to any premises shall be denied or discontinued by the City if a back -flow prevention assembly required by subsection (L)(1) above is not properly installed, tested, and maintained in properly functioning condition, or if it is found that a required assembly has been removed or by-passed. 4. When required, approved assemblies shall be procured and installed by Owner and inspected and tested by a state certified back -flow tester at Owner expense, in accordance with the Standard Back -Flow Prevention Detail Sheet, which is available at the Tamarac Utilities Department, prior to the installation of the water service meter. 5. Annual inspections and tests of back -flow prevention assemblies shall be performed by state certified back -flow tester. Owner must have tests performed (with results submitted to Director of Utilities) by a state certified back -flow tester at Owner expense. The Owner will be responsible for insuring that proper plumbing permits and fees have been obtained and paid for new utility services. A M. WELLFIELD PROTECTION Owner acknowledges that the Property described in Exhibit "A' is not within a Broward County Protected Well Field zone of influence per Broward County Ordinance 84-60 or within an existing or proposed well field zone of influence as determined by Tamarac Director of Utilities. If the Property is within said zone of influence, Owner agrees to limit uses of the Property to those uses that are allowed by Broward County Ordinance 84-60 or as it may be amended. "' N. PROHIBITED HAZARDOUS MATERIALS Owner acknowledges that Broward County and the City of Tamarac have ordinances that prohibit discharge of hazardous materials into the sanitary sewer system. (Broward County Ordinance 86-61 and Tamarac Ordinance 85-52). Owner agrees not to discharge hazardous materials into the sanitary sewer system as defined by Broward County Ordinance 86-61 and Tamarac Ordinance 85-52 or as they may be amended. The Owner will be responsible for insuring that proper plumbing permits and fees have been obtained and paid for all new services. O. VENUE This Agreement shall be governed by the laws of the state of Florida as now and hereinafter in force. The venue for actions arising out of the Agreement is fixed in Broward County, Florida. PART V. NOTICE Whenever either party desires to give notice to the other, it shall be given by written notice, sent by prepaid certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place specified as the place for giving of notice, which shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for the giving of notice: FOR CITY OF TAMARAC: City Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 WITH COPY TO: City Attorney 7525 Northwest 88tb Avenue Tamarac, Florida 33321 FOR OWNER: Ramco-Gershenson Properties, L.P. 27600 Northwestern Hwy., Suite 200 Southfield, Michigan 48034 Attn: Property Manager Ian Allen, Special Counsel Ramco-Gershenson Properties, L.P. 27600 Northwestern Hwy., Suite 200 Southfield, MI 48034 Notice so addressed and sent by prepaid certified mail, with return receipt requested, shall be deemed given when it shall have been so deposited in the United States mail. M PART I. ADDITIONAL PROVISIONS A. EXHIBITS The following exhibits are attached, as part of this Agreement and are incorporated into this Agreement: EXHIBIT "A" - Legal Description and Legal Sketch of the Property EXHIBIT "B" - Form Water and Sewer Utility Easement EXHIBIT "C" - Form Bill of Sale Absolute for Water and Sewer Collection Systems EXHIBIT "D" - A listing for the Property indicating the number of ERCs allocated to each building, the number of meters per building and meter size(s) 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and delivered in the presence of: ATTEST: BY: Marion Swe on, CMC City Clerk I--L flL'. I DA STATE OF MIG416": SS COUNTY OF MWAO): ACCEPTED BY CITY OF TAMARAC GRANTEE 7 By: --- w Joe Schreiber Mayor Date: C 1 By: ww-� n Jef r y LOMiller City Manager Date: 1 11-1I4-- C I Mitchell S. Kraft, 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 Jc r,-key r_. w,I C�, to me known to be the person(s) described in and who executed the foregoing instruments and ' �`� acknowledged before me and under oath that +� executed the same. WITNESS my hand and official seal this 14 day of /1`G�'i �'t i'�' , 2001. 1 NOTARY PUBLIC, State o f'71 r'l r! M.:.c`4',:,�C) SK1 xXPIAES AUG 10 M04 �t�t� veI 3ONOED 1HROUGH FIOHIW ADVANTAOL NOTARY (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ('Personally known to me, or ( ) Produced identification . ( ) Did take an oath, or (� ID NOT take an oath. E:j I . : ". . IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. Witness Type Name Ste en J. Sucharski Witne Type Name Jenae Hornbuckle STATE OF MICHIGAN: SS COUNTY OF4q"N 1> OWNER RAMCO-GERSHENSON PROPERTIES, L.P., a Delaware limited partnership By: Ramco-Gershenson Properties Trust, a Maryl Real Estate Investment Tru , its g er B ame: chard J. Smith Title: CFO 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 O?iCkAP—Q �1 S/ j—Nto me known to be the person(s) describeq in and who executed the foregoing instrument and Jn �P— acknowledged before me that a executed the same. WITNESS my hand and official seal this day of Z59"�--V 2001. ARY PUBLI tate of Michigan (Signature of Notary Public: Print, Stamp,- or Type as Commissioned) Type of I.D. Produced ( "Personally known to me, or ( ) Produced identification ( ) Did take an oath, or ( DID NOT take an oath FTL1 #504647 v6 9 ROSEMARY E. CUNNINGHAM . Notary Public, Wayne County, MI Acting in Oakland County, MI - My Commission Expires 02-05-2003 DESCRIPTION: A PORTION OF TRACTS 7 AND 8 OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH EAST CORNER OF TRACT 8, OF SAID SECTION 13; THENCE SOUTH 0012'12" EAST, ALONG THE EAST LINE OF SAID TRACT 8, 454.07 FEET TO A POINT; THENCE NORTH 89015'42" WEST, PARALLEL WITH THE NORTH LINE OF SAID TRACT 8, 100.01 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; SAID POINT BEING FURTHER DESCRIBED AS BEING ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 7; THENCE CONTINUE NORTH 89015'42" WEST, ALONG THE LAST DESCRIBED LINE 1469.21 FEET TO A POINT, SAID POINT BEING FURTHER DESCRIBED AS BEING ON THE NORTH RIGHT-OF-WAY LINE OF WEST COMMERCIAL BOULEVARD; THENCE SOUTH 38033'14" EAST ALONG SAID RIGHT-OF-WAY LINE 617.15 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 894.93 FEET, AN ARC DISTANCE OF 584.17 FEET; THENCE NORTH 0044'18" EAST, A DISTANCE OF 130.71 FEET; THENCE SOUTH 89015'42" EAST, A DISTANCE OF 150.00 FEET; THENCE SOUTH 0044'18" WEST, A DISTANCE OF 152.99 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WEST COMMERCIAL BOULEVARD, SAID POINT BEING FURTHER DESCRIBED AS BEING ON A CIRCULAR CURVE TO THE LEFT; THENCE EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 894.93 FEET AN ARC DISTANCE OF 56.04 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 89015'42" EAST, A DISTANCE OF 199.01 THENCE NORTH 0012'12" WEST, A DISTANCE OF 193.00 FEET; THENCE SOUTH 89015'42" EAST, A DISTANCE OF 200.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 7; THENCE NORTH 0012'12" WEST ALONG THE SAID RIGHT-OF-WAY, A DISTANCE OF 612.93 FEET TO THE POINT OF BEGINNING. CONTAINING 838,291 SQUARE FEET OR 19.244 ACRES MORE OR LESS. r EXHIBIT "A" '""-' No Text I I 1 F M. �' N -ai— IJ jj aaef , I I .�- MIR �� � ! I it 1� C i ARilis11 ' 4 !v � ieg A E� g all 1*1 x�R R • . b 4 p A m � 0 �■ � ■0• S `w ■ • / �$ •�r�e�$$r`��°R91��E 1 � �i� � N li Jim, Al 1 1,11011, m q;1'14�i JAR i q�$� �j$• � qEa9�A q�e�� q��q�'�� �sit k? �i�� I19Y1!lRrNa9�98�8988���F��Salia?�a�ili��8aaaamea i '+tgi�4�yq'�'qy;vvgytiy�titw��tyyt4i5iK;��q�ti�tta �66p6p66��6�6i6i6Ei6i6ii�iii&p����&�j$�iliilii ■FNN KRN 1144"GNNNNNNNNIII; N all 1111111 it NNNNNNNNNNNN�NNNNNNN@N�NNNNNNNNNgNN:g::NNN:: Y;q1♦q�q�ggqqqqtiq'q�'��igy�gql�qwyqt��ta;;any iiiSi6i�NiN�N6N66 666�S6S�giN&6iN$$i&6ii PpPPPpPp pp Pp�pppp Pp ppP ppp pMppPPpp FK FFKI{FK �. �. KF FFw FiFKF���KF �FF �iFK1iFKaA tell yppp �p@Ld f •I l�!.��.� NMfNNNNtNCCa;NNNNNNNNNBNNNlNNNNNNNtlN �� „':1;' ggq�gqtqvv��ytil=l9'+�aggii��giyqYSqiqY llit11 FF RFpK;,RKN�KKI�,FFRFFRIi�K�I litlic p x CRAVEN • THONPSON AND ASSOCIATES, INC — — O SUNSHINE PLAZA fr ENGINEER6 PLANNERS SURVEYORS tia OORSKY1,11=17PM1NERs ,••••�•, ,• ••• „�••�M aI,wl,., �N ° BOUNDARY AND LOCATION SURVEY �.vac:_xiaarxx� ,„ NPwu A... "Exhibit B" TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FORA Sunshine Plaza NAME OF PROJECT On this day of , 2001, that Ramco-Gershenson Properties, L.P. having an address of 27600 Northwestern Highway, Suite 200, Southfield Michigan 48034 ("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 non-exclusive 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. 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 1 the exercise of the rights thereunder in accordance with the Utilities Water and Sewer Developer's Agreement entered into between the parties for Sunshine Plaza on Oef. 11, . )2001. 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. [Remainder of Page Intentionally Left Blank] X, IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. Type Name ' zi Witn s Type Name Jenae Hornbuckle STATE OF MICHIGAN : :SS COUNTY OF Q RAMCO-GERSHENSON PROPERTIES, L.P., a Delaware limited partnership Ramco-Gershenson Properties Trust, a Maryland Real Estate -al Title: CFO 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 kldt4keb v -'/!1i1 Ao me known to be the person(s) described in and who executed the foregoing instrument and h t-- acknowledged before me that h — executed the same. WITNESS my hand and official seal this X day of LOCIc)dCao—, 2001. PUBLI State of Michigan (Signature of Notary Public: Print, Stamp, or Type as Commissioned) Type of T.D. Produced ( ersonally known to me, or ROSEMARY E. CUNNINGHAM Notary Public, Wayne County, MI ( ) Produced identification Acting in Oakland County, MI ( ) Did take an oath, or (�D NOT take an oath. MY Commission Expires 02-05-2003 3 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion Sw nson, CMC City Clerk STATE OF FLORIDA : SS COUNTY OF ?OW A-P ACCEPTED BY CITY OF TAMARAC GRANTEE Q r- By: O e Schreiber ayor Date: /1-14-0� By: p y, Je ey L. Miller City Manager Date: /1-14 - G / DdIitchell S. Kx 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 acknowledgements, personally appeared �iDc SeN ci �� _u fit i,z��y� Ni// to me known to be the person(s) described in and who executed the foregoing instrument and . acknowledged before me and under oath that %'c executed the same. WITNESS my hand and official seal thi day of 111 w 13.-w , 200 1 . "`"` NOTARY PUBLIC, State of Florida '`` d8 I at Large �usur EXPIkES AUG 20 2004 C� r� l �I4�OHIp IONND THROUGH �� l C 3 l`) �( e�)1y-� /C 6 ADVANTAGE NOTARY (Name of Notary Public: Print, Stamp, or type as Commissioned) ( v� Personally known to me, or Type of I.D. Produced ( ) Produced Identification ( )DID take an oath, or ( - DID NOT take an oath. 4 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Richard J. Smith do hereby affirm that I am the CFO of Ramco-Gershenson Properties Trust and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac for Sunshine Plaza Shopping Center _ project and that I am the owner of the property cod ered by said Tamarac Utilities Water and Sewer Easement. There are no mortgages held on the property, which is the subject of said Tamarac Utilities Water and Sewer Easement. (FU2RTE TH OT. is and J. mith STATE OF MICHIGAN 6v COUNTY OF OAKLAND : This � day of d CTu 8CP- , 2001. 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 i c-NAaED -. S hM iT& to me known to be the person(s) described in and who executed the foregoing instrument and -A-C- acknowledges before me and under oath that _Lp, executed the same. WITNESS my hand and official seal d2is l cl day of 4C7_0BE 2001. NOTARY LIC, State r ichigan at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( Personally known to me, or ( ) Produced Identification ROSEMARY E. CUNNINGHAM Notary Public, Wayne County, MI ( DID take an oath, or ( ) DID NOT take an oath. M Acting in Oakland County, MI y Commission Expires 02-05-2003 F'TL1 #536710 v2 5 LL�Yy:�iJ��i7►R A PORTION OF TRACTS 7 AND 8 OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH EAST CORNER OF TRACT 8, OF SAID SECTION 13; THENCE SOUTH 0012'12" EAST, ALONG THE EAST LINE OF SAID TRACT 8, 454.07 FEET TO A POINT; THENCE NORTH 89015'42" WEST, PARALLEL WITH THE NORTH LINE OF SAID TRACT 8, 100.01 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; SAID POINT BEING FURTHER DESCRIBED AS BEING ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 7; THENCE CONTINUE NORTH 89015'42" WEST, ALONG THE LAST DESCRIBED LINE 1469.21 FEET TO A POINT, SAID POINT BEING FURTHER DESCRIBED AS BEING ON THE NORTH RIGHT-OF-WAY LINE OF WEST COMMERCIAL BOULEVARD; THENCE SOUTH 38033'14" EAST ALONG SAID RIGHT-OF-WAY LINE 617.15 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 894.93 FEET, AN ARC DISTANCE OF 584.17 FEET; THENCE NORTH 0°44'18" EAST, A DISTANCE OF 130.71 FEET; THENCE SOUTH 89°15'42" EAST, A DISTANCE OF 150,00 FEET; THENCE SOUTH 0044'18" WEST, A DISTANCE OF 152.99 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WEST COMMERCIAL BOULEVARD, SAID POINT BEING FURTHER DESCRIBED AS BEING ON A CIRCULAR CURVE TO THE LEFT; THENCE EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 894.93 FEET AN ARC DISTANCE OF 56.04 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 89015'42" EAST, A DISTANCE OF 199.01 THENCE NORTH 0012'12" WEST, A DISTANCE OF 193.00 FEET; THENCE SOUTH 89015'42" EAST, A DISTANCE OF 200.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 7; THENCE NORTH 0012'12" WEST ALONG THE SAID RIGHT-OF-WAY, A DISTANCE OF 612.93 FEET TO THE POINT OF BEGINNING. CONTAINING 838,291 SQUARE FEET OR 19.244 ACRES MORE OR LESS. EXHIBIT "A" No Text � I 1 1 �\ i eee�i" �q€i i'� p I I N11 aesaaaeza %ar! e s enaaga kk I R yCT1 IN N 17-, rn lilt � a y� 111111 r< .. s S: s . ¢ 4 � o . r . ■!9 r z � "r . � 4i�����CirF��Qe9�G8�' r.L !, iBAtl . q p��q ,� �� a r4�v 71 ���qq�. ��q rrrrrrrrrrarrirrrrar�rrra���@r'iraaar�0eawilBa I JAI ye ar iyyyS�� � �a�����a�����p}��fi� ¢gaa rrrrrgr rrrrgr�rr�rr"aarr " ��� �i�6rrf a it ��rjre� ��� � �����q ��� ; z q xrq �� rrrrrrrrrrrrrrrrrrrrragrrrrrrrrrrrrrrrrrrrrr P P P P P m P R P PP P Bill R,Agfq�q L���dd �� F�tl F■R���RR�� �Ptl� �F�RPtlItlR R �fixeai rrrrrr'Errrrrrrrrrrrrrrrrrrrrrrrrrrr ¢ q y � �r z 4 4gitiR'tl{vYtZwrylR4�i�gS4��gi�4'�§\9k'� �. 4 ��tl' �N np�� I€���C� 9� rgrssp�sp�/sps@spss�ps(s��sss��psr��e�ss�ss ��11'I Rby �% a R I G� A 11 � � q IF # ��11•� ll A 0 SUNSHINE PLAZA CRAVEN • TNCMPSON AND ASSOCIATES, INC . hGr 0EN61NEERS PLANNERS • $URVEVORS Q N 4 UaRSICV MOCC9 1A PARTNERS IN ID BOUNDARY AND LOCATION SURVEY DESCRIPTION: WATER MAIN EASEMENT A STRIP OF LAND, 15.00 FEET IN WIDTH, BEING A PORTION OF TRACT 8 OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 8, THENCE SOUTH 00°12'12" EAST, ALONG THE EAST LINE OF SAID TRACT 8, A DISTANCE OF 473.07 FEET; THENCE NORTH 89115'42" WEST, A DISTANCE OF 147.19 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE SOUTH 40055'51" EAST, A DISTANCE OF 21.28 FEET; THENCE SOUTH 00023'36" WEST, A DISTANCE OF 145.34 FEET; THENCE SOUTH 00059'29" WEST, A DISTANCE OF 131.16 FEET; THENCE SOUTH 01 043'50" WEST, A DISTANCE OF 91.97 FEET; THENCE SOUTH 40055'52" WEST, A DISTANCE OF 11.35 FEET; THENCE SOUTH 89°39'32" WESTN°A DISTANCE OF 229.52 FEET, TO A POINT HEREIN KNOWN AS REFERENCE POINT "A"; THENCE NORTH 89027'04" WEST, A DISTANCE OF 311.83 FEET, TO A POINT HEREIN KNOWN AS REFERENCE POINT "B"; THENCE SOUTH 01003'00" WEST, A DISTANCE OF 162.02 FEET; THENCE SOUTH 54042'44" EAST, A DISTANCE OF 24.02 FEET; THENCE SOUTH 89049'11" EAST, A DISTANCE OF 126.69 FEET; THENCE SOUTH 41 °15'30" EAST, A DISTANCE OF 15.79 FEET; THENCE SOUTH 01 °14'41" WEST, A DISTANCE OF 180.09 FEET; THENCE SOUTH 22015'24" WEST, A DISTANCE OF 22.36 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF WEST COMMERICAL BLVD, SAID POINT ALSO BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP ARE LENGTHENED OR SHORTENED TO FORM A CONTINOUS STRIP OF LAND TO INTERSECT WITH A BEARING OF NORTH 89015'42" WEST AT THE POINT OF BEGINNING; AND TO INTERSECT WITH AN ARC HAVING A RADIUS OF 894.93 FEET ON THE NORTH RIGHT-OF-WAY LINE OF WEST COMMERICAL BLVD AND HAVING A RADIAL BEARING OF NORTH 03058'30" WEST AT THE POINT OF TERMINUS; AND TO INTERSECT WITH A BEARING OF NORTH 00044'18" EAST, 5.48 FEET WEST OF THE POINT OF TERMINUS. TOGETHER WITH: COMMENCE AT SAID REFERENCE POINT "A"; THENCE NORTH 00031'12' EAST, A DISTANCE OF 35.94 FEET, TO THE POINT OF TERMINUS. TOGETHER WITH: COMMENCE AT SAID REFERENCE POINT "B"; THENCE NORTH 88028'37' WEST, A DISTANCE OF 22.20 FEET,TO A POINT HEREIN KNOWN AS REFERENCE POINT "C"; THENCE CONTINUE NORTH 88028'37' WEST, A DISTANCE OF 17.37 FEET, TO THE POINT OF TERMINUS. TOGETHER WITH: COMMENCE AT SAID REFERENCE POINT "C"; THENCE NORTH 02020'57' WEST, A DISTANCE OF 25.98 FEET, TO THE POINT OF TERMINUS. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. NOTE: THE BEARINGS SHOWN HEREON ON ARE BASED ON AN ASSUMED MERIDIAN, WITH THE NORTH LINE OF SAID TRACT 8 OF FORT LAUDERDALE TRUCK FARMS, BEARING NORTH 89015'42" WEST. CERTIFICATE: WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS OUTLINED IN CHAPTER 61G17'6 (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF. CRAVEN THOMPSON & ASSOCIATES, INC. LICENSED B(ISIB!ES� NO. LB 271 OUT 5i1.;.,„,;';::n,d.; SLIAL OF A FLOC?IDA LIQZNSrFJT SUU(YOR AND MAPPER. [,' DOUGLAS M. DAVIE PROFESSIONAL SURVEYOR & MAPPER NO. 4343 STATE OF FLORIDA Page 1 of 3 Created on 8/22/2001 1:46 PM M:\Clerical\JOBS\00-0009\LEGALS\SD-WATERMAIN.doc DMD m AUG�,1 ,��yn1 2 20U --- EX1-IIBTT "S" y %.01NMVLI1 I I IVIII %.)VIV %A I I LV/ 11`IV ENGINEERS PLANNERS SURVEYORS 3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400 FAX: (954) 739-6409 FOR: SUNSHINE PLAZA NOW: THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the description shown hereon. There has been no held work, viewing of the subject property, or monuments set in connection with the preparation of the information shown hereon. SKETCH TO ACCOMPANY DESCRIPTION WATER MAIN EASEMENT POINT OF COMMENCEMENT NE CORN£R OE 777ACT B SEC)70N 14 rOWNSNIP 49 SO(/11+; RANGE 41 £AST N 8975 41" W NOR 1N LINE TRACT B LEMSO ADD/nON � � IRA! IaPr N ♦Mr N a I POINT OF BEG/INNING w $ I 8975'42' W 1469.27' Vrrr777§iii N N 89754p" W 20.08' N 8975'42" W 100.01' 'V1 — _ _ _ _ _._. — _ — — — N 897 42' W 147.19' _ 19.00'U11L1Ty EA5EA/ENT (O.R.B. 5J4.3, P.C. 797, B. C.R) T S 405551 " E 21.28' 753r25w7ury EAsEuENr (O.R.B. 5J44 P.C. 797, B.C.R) I � I S 002376" W 145.34' :I LU A PORnON OF TRAcr 8 FORT LAUDEAAR�yD�AgLE)�TRU,CK FARMS 7..A� i 5fCDdJS 2.1 df)A'rN/ PAfI J1S22 ARRO�CuWA RD ry RELCw s LEGEND B.C.R. BROWARD COUNTY RECORDS O.R.B. OFFICAL RECORD BOOK P.B. PLAT BOOK P.C. PACE R/W RIGHT—OF—WAY U.E. UTILITY EASEMENT L LENGTH R RADIUS A DELTA ANGLE OF 7FRMINUS 1x ae' N 00'31'12" E 35.94' 7.50'— 1500' S 005929" W 131.16, S 014J'50 W 91.97' S 405552e W_ 11.35' \� _S 893932" W POINT A. 229.52' 10' U77L/TY EASEMENT �(0.R.8 5,i4J P.0 797 B.G.R) SHEET 2 OF 3 SHEETS UPDATES and/or REVISIONS DATE BY GK'D NOTE The undersigned and CRAVEN—THOMPSON h ASSOCIATES, INC. make no representations or guarantees as to the information reflected hereon pertaining to easements, rights —of —way, set back lines, reservations, agreements and other similar 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. NOTE Londe shown hereon were not abstracted for right—of—woy and/or easements of record. G: \2000\000009.01 \DWG\SD—WATERMAIN.DWC JOB NO. 00-0009.01 DRAWN BY: NM CHECKED BY: DMD F.B. PG.N/A DATED: B-22-01 %,.UN/-AVL_IV I I I V I I 0V11 u /-A V./%..IM I L.JT IIr•.0 ENGINEERS PLANNERS 9 SURVEYORS 3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400 FAX: (954) 739-6409 FOR: SUNSHINE PLAZA N 8878 J7" W 17.37' POINT OF 1100, J REFERENCEJ POINT "C" N 8878'77" W 22.20' NOTE: THIS 15 NOT A SKETCH OF SURVEY. but only a graphic depiction of the description shown hereon. There has been no field work, viewing of the subject property, or monuments set in connection with the preparation of the information shown hereon. SKETCH TO ACCOMPANY DESCRIPTION WATER MAIN EASEMENT POINT OF TERMINUS-, IT OF TERMINUS N 0270 57" W 25.98' �� REFERENCE POINT B" ----------------- N 892704' W J 311.83' iArea - RJ278.11 7'.s0' N 001J1'12" E 35.94' , REFERENCE POINT A " A PORwN OF TRACT 8 S 01 W 00" W FORT LAUDERDALE TRUCK FARMS 162-02' secnays aa�i"!pi lzss x 23 avow ��rvAa�t�s s0' S 89V9'11 " E 126.69' S 54V2 44" E 24.02' 1— S 697542- E 1sa00' —1 A POR710N OF 7RAC 8 x FORT LAUDERDALE $ TRUCK FARMS sErnays ZF � 'd� F'�1 sT aVowAAv rr "& YAS a V 4)9r gam• p SEE DETAIL BELOW-1I N � rti W 4 POINT OF TERMINUS q) Z227524" W S 417570" E 15.79' Y& LU 1 c.� 5 01744f" WLEGEND 5 017 B-C-R. O-R.B, BROWARD COUNTY RECORDS OFRCAL RECORD BOOK P.B. PLAT BOOK P.G. PAGE R/W RIGHT-OF-WAY U.E. UTILITY EASEMENT L LENGTH R RADIUS A DELTA ANGLE S 227524" W 22.36' A-66. NORM R/W LINE scsT COMMERICAL & lD WEST COMMERICAL BL VD CURVE TABLE CENCTI.1 RADIUS DELTA C1 54B' B94.93' 0 1' 4" C2 7 30' POINT OF TERMINUSx�� R'894.93' r• A-1.�39' SHEET 3 OF 3 SHEETS UPDATES and/or REVISIONS DATE BY CK'D NOTE The undersigned and CRAVEN-THOMPSON & ASSOCIATES, INC, make no representations or guarantees as to the information reflected hereon pertaining to easements, rights-of-woy, set back lines, reservations, agreements and other similar mattes, and further, this Instrument la not Intended to reflect or set forth all such matters- Such information should be obtained and confirmed by others through appropriate title verification. �JQM Lands shown hereon were not abstracted for right -of --way and/or easements of record. G: \2000\000009.01 \DWG\SD-WATERMAIN,DWG JOB N0. 00-0009.01 DRAWN BY: NM CHECKED BY: DMD F.B. PG.N/A DATED: 8-22-01 T TeT7ISTr*l A.7-Af::l4V1:111A21-igdi14z" PORTIONS OF TRACTS 7 AND 8 OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS; A STRIP OF LAND 15 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF PARCEL A, WYNNE COMMERCIAL PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT BOOK 162, PAGE 43, OF SAID PUBLIC RECORDS; THENCE SOUTH 18000'49" EAST, A DISTANCE OF 20.06 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE, SAID POINT KNOWN AS REFERENCE POINT A; THENCE SOUTH 08'15'43" EAST, A DISTANCE OF 40.05 FEET; THENCE SOUTH 01034'28" WEST, A DISTANCE OF 76.11 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP BEING LENGTHENED OR SHORTENED TO FORM A CONTINUOUS STRIP OF LAND AND TO INTERSECT WITH THE SOUTH LINE OF THAT CERTAIN 19.00 FOOT WIDE UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 5343, PAGE 797, OF SAID PUBLIC RECORDS AT THE POINT OF BEGINNING. TOGETHER WITH A STRIP OF LAND 15 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: COMMENCE AT THE AFORESAID REFERENCE POINT A; THENCE NORTH 89'15'42" WEST, ALONG THE SOUTH LINE OF THAT CERTAIN 19.00 FOOT WIDE UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 5343, PAGE 797, OF SAID PUBLIC RECORDS, A DISTANCE OF 62.74 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE, SAID POINT KNOWN AS REFERENCE POINT B; THENCE SOUTH 09046'27" WEST, A DISTANCE OF 46.27 FEET; THENCE SOUTH 37'53'50" EAST, A DISTANCE OF 10.09 FEET; THENCE SOUTH 07'07'27" WEST, A DISTANCE OF 48.64 FEET; THENCE SOUTH 28'15'08" WEST, A DISTANCE OF 15.57 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP BEING LENGTHENED OR SHORTENED TO FORM A CONTINUOUS STRIP OF LAND AND TO INTERSECT WITH THE SOUTH LINE OF SAID 19.00 FOOT WIDE UTILITY EASEMENT AT THE POINT OF BEGINNING AND TO INTERSECT WITH THE NORTH LINE OF AN EXISTING BUILDING AT THE POINT OF TERMINUS. TOGETHER WITH: COMMENCE AT SAID REFERENCE POINT B; THENCE NORTH 89°15'42" WEST, ALONG THE SOUTH LINE OF SAID 19 FOOT WIDE UTILITY EASEMENT, A DISTANCE OF 122.89 FEET TO THE POINT OF BEGINNING, SAID POINT HEREIN KNOWN AS REFERENCE POINT C; THENCE SOUTH 00'03'36" EAST, A DISTANCE OF 115.68 FEET; THENCE NORTH 89'14'21" WEST, A DISTANCE OF 7.13 FEET; THENCE SOUTH 00'31'15" WEST, A DISTANCE OF 150.06 FEET; THENCE NORTH 89014'21" WEST, A DISTANCE OF 6.90 FEET; THENCE NORTH 00040'55" EAST, A DISTANCE OF 265.73 FEET, THE LAST FOUR (4) DESCRIBED COURSES BEING CO -INCIDENT WITH AN EXISTING BUILDING LINE; THENCE SOUTH 89'15'42" EAST, ALONG THE SOUTH LINE OF SAID 19 FOOT WIDE UTILITY EASEMENT. A DISTANCE OF 11.11 FEET TO THE POINT OF BEGINNING. if*Tei=iJ:I=I:&lAkd:l COMMENCE AT SAID REFERENCE POINT C; THENCE NORTH 89'15'42" WEST, ALONG THE SOUTH LINE OF SAID 19 FOOT WIDE UTILITY EASEMENT, A DISTANCE OF 109.01 FEET TO THE POINT OF BEGINNING, SAID POINT HEREIN KNOWN AS REFERENCE POINT D; THENCE SOUTH 00'44'18" WEST, A DISTANCE OF 5.66 FEET; THENCE NORTH 89'16'40" WEST, ALONG AN EXISTING BUILDING LINE, A DISTANCE OF 104.56 FEET; THENCE NORTH 00'44'18" EAST, A DISTANCE OF 5.69 FEET; THENCE SOUTH 89'15'42" EAST, ALONG THE SOUTH LINE OF SAID 19 FOOT WIDE UTILITY EASEMENT, A DISTANCE OF 104.56 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCE AT SAID REFERENCE POINT D; THENCE NORTH 89'15'42" WEST, ALONG THE SOUTH LINE OF SAID 19 FOOT WIDE UTILITY EASEMENT, A DISTANCE OF 145.69 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00038'26" WEST, A DISTANCE OF 6.94 FEET; THENCE SOUTH 07'41'21" EAST, A DISTANCE OF 96.68 FEET; THENCE SOUTH 82'18'39" WEST, A UISIANCc OF 15.00 FEET; THENCE NORTH 07141,21" WEST, A DISTANCE OF 91.20 FEET; THENCE NORTH 85*10*10" WEST, A DISTANCE OF 43.96 FEET; THENCE NORTH 04049'50 " EAST, A DISTANCE OF 11.44 FEET; THENCE SOUTH 89015'42" EAST, ALONG THE SOUTH LINE OF SAID 19 FOOT WIDE UTILITY EASEMENT, A DISTANCE OF 56.96 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. Page 1 of 3 0( T 2 6 2001 Created on 10/2/2001 5:22 PM REVISED 10/16/01 N:\Clerical\JOBS\00-0009\LEGALS\SD-WATER-OLD.doc DMD/dmd NOTE: THE BEARINGS SHOWN HEREON ON ARE BASED ON AN ASSUMED MERIDIAN, WITH THE NORTH LINE OF SAID TRACT 8 OF FORT LAUDERDALE TRUCK FARMS, BEARING NORTH 89°15-42" WEST. LGIZIZ11112C9711i4 WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS OUTLINED IN CHAPTER 6IG1716 (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF. CRAVEN THOMPSON & AfSSOCIATES, INC. LICENSED BUSIN ' ` NO. L 271 U,' ![; '.'di1' C!U - THE GxlF \l,iL:D SEAL c . � r.YGFi AND DOUGL.AS M. DAVIE PROFESSIONAL SURVCYOR & MAPPER NO.4343 STATE OF FLORIDA G k�.,e I V F., 6, N U 4 Page 2 of 3 Created on 10/2/2001 9:26 AM M:\Clerical\.JOBS\00-0009\LEGALS\SD-WATER-OLD.doc DMD/dmd k,NAVCiv 0 1 MUI"IrJVIv Oc I U0, IIN%,- ENGINEERS e PLANNERS e SURVEYORS F73563 N.W. 53RD STREET, FORT LAUDERDALE, FLORIDA 33309 FAX: (954) 739--6409 TEL.: (954) 739-6400 FLORIDA LICENSED ENGINEERING, SURVEYING k MAPPING BUSINESS No. 271 FLORIDA LICENSED LANDSCAPE ARCHITECTURE BUSINESS No. CDOD114 MA TRIAL SWW NENEVIV /S ME PRGPERri' GF CRAWM rNGMr SW t ASSWA 7E.N. ING AND SHALL Nor w R(f RCU'r/CM Ay WAME CR RI PART W7mvr PERMI537Lw P` CRAYtW-NdMP5*V d A550aA its INr *MrWC OPA KW-r &Wfsch` d A53WA rEs /NC C0PM/Q4r 20W RAMCO—GERSHENSONINC. NOTE: THIS INOT A SKETCH OF SURVEY, but only graphic depiction � FOR: of the description mown hereon. There has been no field work, viewing of the subject property, or monuments set in connection with the preparation of the information shown hereon. SCALE: 1"=60' SKETCH TO ACCOMPANY DESCRIPTION ' WATERLINE EASEMENT JOINT OF BEGI — DINT A S 1B�0'49" 20C r aal rryl z r i i 0875'43' E 40.05' O/NT OF TERMINUS XISRNG eUILDINO LINE �n III T ` bF BEG/NN/ G — REFERENCE POINT B 3753 50" E 10, 09' �S 2875 *08' W 15. 57' OF TERMINUS O W)S 07V7z7" W 48.64 09 46 27" W 46, 27' OF BEG/NLIV/NG — REFERENCE POINT C r-nnJF•nrr1F1AV14 897471" W 7,13' S 0017336 E 11568'4 S 00'Tl'15" W 150.06' rya r a N 00'40 55" E 26577 rr' Z OINT OF BEGINNING — REFERENCE POINT O / S 00 44'18" W 5.65' ��5 �� F R� FP 00 c �z w+ Q�Gy�S \_ 0 a W �O CO 0044'18` E 5.69= �Q"� pFPPWST LIN£ 1RACT 8 NT OF BEGINNING 00 Qo� EAsr LINE 77Acr 7 g Q '26" W 6.94 S 07'o N ` FNO W 91.20' ERG 2001 %V 044950" £ 11.44' SHEET 3 OF 3 UPDATES and/or REVISIONS DATE BY I CK'0 NOTE The undersigned and CRAVEN—THOMPSON ik ASSOCIATES, INC. make no representations or guarantees as to the information reflected hereon pertaining to easements, rights —of —way, set bock lines, reservations, agreements and other similar matters, and further, this Instrument Is not Intended to reflect or set forth all such matters. Such information should be obtained and eonflrmed by others through appropriate title verification. NOTE Lands shown hereon were not abstracted for right—of—way and/or easements of record. G\2000\000009.1\DWG\SD—WATER --OLD.DWG JOB NO. 00-0009.1 DRAWN BY: OMO CHECKED BY: TCS I F.B. N/A PG. DATED: 9128101 DESCRIPTION: SANITARY SEWER EASEMENT A PORTION OF TRACT 8 OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS; -COMMENCE AT THE SOUTHEAST CORNER OF LEMBO ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT BOOK 96, PAGE 48, OF SAID PUBLIC RECORDS; THENCE SOUTH 00'12'12" EAST, ALONG THE WEST RIGHT OF WAY OF STATE ROAD SEVEN (7), A DISTANCE OF 19.00 FEET; THENCE NORTH 89°15'42" WEST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00'12'12" EAST, ALONG THE WEST LINE OF THAT CERTAIN 75' x 25' UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 5343, PAGE 797, OF SAID PUBLIC RECORDS, A DISTANCE OF 46.01 FEET; THENCE NORTH 22'12'36" WEST, A DISTANCE OF 31.66 FEET; THENCE NORTH 89'19'26" WEST, A DISTANCE OF 147.13 FEET; THENCE NORTN,46-06'13" WEST, A DISTANCE OF 24.88 FEET; THENCE SOUTH 89°15'42" EAST, ALONG THE SOUTH LINE OF SAID UTILITY EASEMENT, A DISTANCE OF 176.86 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. NOTE: THE BEARINGS SHOWN HEREON ON ARE BASED ON AN ASSUMED MERIDIAN, WITH THE NORTH LINE OF SAID TRACT 8 OF FORT LAUDERDALE TRUCK FARMS, BEARING NORTH 89*15'42" WEST. CERTIFICATE: WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS OUTLINED IN CHAPTER 61G17'6 (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF. CRAVEN THOMPSON AS OCIATES, INC. LICENSED BUS ES O. LB 271 lU',I SEU SEAL ( r, FL0' L!CLN, i) 5 WEYOR AND DOUGLAS M. DAVIE PROFESSIONAL SURVEYOR & MAPPER NO. 4343 STATE OF FLORIDA til Page 1 of 2 Created on 10/2/2001 10:20 AM M:\Clerir-al\JOBS\00-0009\LEGALS\SD-SEWER-OLD.doc DMD/dmd CRAVEN • THOMPSON & ASSOCIATES, INC:. ENGINEERS PLANNERS SURVEYORS 3563 N,W, 53RD STREET, FORT LAUDERDALE, FLORIDA 33309 FAX: (954) 739-6409 TEL.: (954) 739-6400 FLORIDA LICENSED ENGINEERING, SURVEYING dt MAPPING BUSINESS No. 271 FLORIDA LICENSED LANDSCAPE ARCHITECTURE BUSINESS Na. C000114 HA 1LF/AL SHONN HtNtM /S rHt nn ,vlr u u Mrc "rwr : naau l—, /no. — a+./.i — x Rom.-,.w.,.,.�.. PtRNI$$c,y CF LFAlfN•IHCMPSLw' d ASSOOAM-� INC MMMC CPA PEN•rHOWPSLM' d A550pA2 INC CP^rRICHr TryOp RAMCO-GERSHENSONINC. NOTE: INOT A SKETCH OF SURVEY, but only graphic depiction , FOR: Of the description shown hereon. There has been no fie ld work, viewing of the subject property, or monuments set in connection with the preparation of the Information shown hereon. ISKETCH TO ACCOMPANY DESCRIPTION SANITARY SEWER EASEMENT 0 �I uj PO/N T OF COMMENCEMEN T r" SE. CORNER LEMBO ADDITION PLAT BOOK 96, PAGE' 48, Q BROWARD COUNTY RECORDS a iA 1`1 V to y F 0 9 p POIN T' OF BEGIINN/NG " 19.00' U77L7TY EASEMENT (tR.8. 5343 P.O. 797, 8, C. R) - �4- S 89'15'42" E 7 76, 86' VC. to N 8975 4z" a z5 00' N 89'19'26" W 147.13' o CV rn N � N Z 75'r25 U77LI TY EASEMENT (O. R. S. 5343, P. G. 797, B. C, R) � OPT ��`��°�`r e P e�G° i W Ui cr) F 5 1 i i ,,,,,,,,SHEET 2 OF 2 UPDATES and/or REVISIONS DATE BY I CK'D NOTE The undersigned and CRAVEN—THOMPSON k ASSOCIATES. INC. make no representations or guarantees as to the information reflected hereon pertaining to easements, rights —of —way, ant back lines, reservations, agreements and other simllor matters, and further, this Instrument Is not Intended to reflect or set forth III ouch matters- Such information should be obtained and confirmed by others ro thugh appropriate title verification. NOTE Lands shown hereon were not abstracted for right—of—way and/or easements of record. G:\2000\000009.1\SD—SEWER—OLD.DWG JOB NO. 00-0009 DRAWN BY: DMD CHECKED BY: TCS F.B. N/A PG. GATED: 1012101