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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-049Temp. Reso. #9294 February 21, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- 49 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT WITH LENNAR LAND PARTNERS AND LENNAR HOMES, INC., FOR THE CURBS AND SIDEWALKS PLACED IN A UTILITY EASEMENT AT THE EXETER EAST PROJECT LOCATED ON THE SOUTHEAST CORNER OF NW 80TH STREET AND GRANVILLE DRIVE; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lennar Land Partners and Lennar Homes, Inc., owners of the Exeter East Project, which is located on the southeast corner of NW 80`h Street and Granville Drive (a copy of which is attached hereto in map form as "Exhibit 1"); and WHEREAS, Lennar Land Partners and Lennar Homes, Inc., have offered a Utility Easement Encroachment and Hold Harmless Agreement to the City of Tamarac; FIATS WHEREAS, the owner shall hold the City harmless from any costs or obligation to restore the curbs and sidewalks as a result of any repair or maintenance to the utility easement or infrastructure; and WHEREAS, the Director of Utilities recommends the acceptance and execution of this Utility Encroachment and Hold Harmless Agreement for the Exeter East Project; 0 and Temp. Reso. #9294 February 21, 2001 2 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 Utility Easement Encroachment and Hold Harmless Agreement with Lennar Land Partners and Lennar Homes, Inc., for curbs and sidewalks placed in a utility easement at the Exeter East Project. 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 Utility Easement Encroachment and Hold Harmless Agreement with Lennar Land Partners and Lennar Homes, Inc., for curbs and sidewalks placed in a utility easement at the Exeter East Project (a copy of which is attached hereto as "Exhibit 2") located on the southeast corner of NW 801h Street and Granville Drive. 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. E Temp. Reso. #9294 February 21, 2001 3 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 14`h day of March, 2001. ,a w- P- �' - JO SCHREIBER MAYOR ATTEST: � RIO SWENSON, CMC CITY CLERK #E B.ti, ERTIFY that I hav J, ro his RESOLUTION s o for /1 MITCHELL'S. AF CITY ATTOIAAEY RGITRimg RECORD OF COMMISSION MAYOR SCHREIBER DIST I. COMM. PORTNER DIST 2: COMM. MISHKIN _. DIST 3: COMM. SULTANOF DIST 4: VIM ROBERTS EXHIBIT 1 TEMP. RESO. #'i2. C14/CYPRESS CREEK CANAL � Z// 0/ff///'o SANIBEL SOUTHGATE83 spLVD, 83 ST a / g¢ > 7 ¢ ti 7 ¢ 82 ST o © a o c a Q w / 81 S T " u a 81 sT o2 pti / 74 r WE TWQ D 6 ti ti oz 0 / a 80 CT SE TI❑N o d� � wTR6 �� w ux � // &o Sp o°�� TR2 `" c,'/ &p EXETER w ti� �1�ZE v� i WEST SITE T LOCATION 1oz W �� j j/ // 8 �y k,n ti0 /j///j///jj/ / 0 jj <p L❑MBARLd DY J Q 3 jj / / /�T �f LF 9A� T R 3 Y Q w Q J C❑NC TRENT j%%/ %j/ //j KINGS PT. COMMER. PK, a a a TR14C %%//j / /�///j/ i// TR13 OL L w j/�j/ jLJ C SAND PIPER a j%//%// Q ��i�%i�i LAND SEC, T R 2 LIGHT ❑U S IDOL GOLF jj/ GRANVILLE j j jj j a ///// TR15B //j j j SEDGEFIELD R/GREE P❑ a r//j/�� / //j/%/j/ , �C(RTC�MP%/Qb IA A�j L j //�� i TR16 TR27 T R 15 A j j////i EVANGELICAL COVENANT x /j% /� CHURCH TR33 o z o /// W %/ KINGS PT. 7 /j/%// //j//j PROF. PLAZA w a w FAIRFAX Li /// � ////// / co /// EXETER_EAST.DWG EXETER EAST UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT 4L 9r EMA1 SkT Z Prepared by: Carnahan, Proctor & Cross, Inc. 6101 W. Atlantic Blvd. Margate, FL 33063 UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND LENNAR LAND PARTNERS AND LENNAR HOMES, INC. THIS AGREEMENT made this /S 6 day of , by and between the CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 88t" Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and Lennar Land Partners, a Florida General Partnership, and Lennar Homes, Inc., a [Florida] corporation, with principal offices located at [8190 S.R. 84, Davie, FL 33324], (hereinafter called the DEVELOPER/OWNER), for the purpose of holding the CITY harmless for the removal or destruction of landscaping and/or structures located on DEVELOPERIOWNER's property and within utility easements held by the CITY. WHEREAS, DEVELOPER/OWNER is owner of a parcel of land in the City of Tamarac, Broward County, Florida, more particularly described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, DEVELOPER/OWNER has constructed or will construct landscaping and/or structures as part of its development of the parcel described in Exhibit A within utility easement(s) described in Exhibit B, attached hereto and incorporated herein by reference, and recorded in O.R. Book 30241 page 1898 of the Broward County public records; and WHEREAS, said existing landscaping and/or structures are described on the site plan for Exeter — East Portion prepared by Carnahan,_ Proctor & Associates, Inc. and dated 5/3/99, a copy of which is on file with the CITY and attached hereto and incorporated herein by reference as Exhibit C; and WHEREAS, CITY is grantee of the utility easement(s) described above and has an obligation to maintain and repair utility lines in order to serve the citizens of the City of Tamarac; and WHEREAS, DEVELOPER/OWNER agrees to hold the CITY harmless for any expenses incurred by the CITY'S use of the utility easement(s) resulting in the destruction and/or removal of said existing and/or future landscaping and/or structures; and NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by this reference. 2. DEVELOPER/OWNER agrees to immediately remove at its own expense any encroachment located within the CITY'S utility easement once notified by the CITY of such encroachment. 3. DEVELOPER/OWNER shall hold harmless and indemnify the CITY from and against all claims, liability and expense arising from the aforesaid encroachments, landscaping and/or structures, including the expense of removing, relocating, restoring and replacing same. 4. CITY shall be held harmless by DEVELOPER/OWNER and shall not be responsible for the damage, destruction or replacement of irrigation lines within the utility easement(s). 5. CITY shall be entitled to make emergency repairs to utility lines within the easement(s) without prior notice to DEVELOPER/OWNER if giving notice would be detriment to the health, safety, safety and welfare of the citizens of Tamarac. 6. DEVELOPER/OWNER agrees that any structures placed within the utility easement shall be limited to minor structures only, such as a sign, fence, or slight encroachments of concrete. No drainage structures, including, but not limited to, detention or retention basins, shall be permitted within the utility easement(s). 7. DEVELOPER/OWNER agrees that landscaping within the utility easement(s) shall be limited to bushes, shrubs and flowers, and that no trees shall be placed within the utility easement(s). 8. DEVELOPER/OWNER shall place a 1' by 1' signor plaque on the site of the landscaping or structure, which shall state the following: "This structure may be ordered removed by the City of Tamarac without notice and at no cost to the City should its removal become necessary to repair any utility line. The cost of removal shall be borne by Lennar Homes, Inc., its successors and assigns." 9. DEVELOPER/OWNER shall not place encroachments within the utility easement(s) unless specifically provided for in this Agreement. 10. This agreement contains the entire agreement between the parties relating to the subject matter hereof. This Agreement shall not be amended unless in writing and signed by the parties hereto. 11.This Agreement shall run with the land and bind DEVELOPER/OWNER, its agents, heirs, successors and assigns, and any subsequent owners of the parcel described in Exhibit A. 12. Venue for any actions resulting from this Agreement shall be Broward County, Florida. This Agreement shall be governed by the laws of the State of Florida as are now and hereinafter in force. IN WITNESS WHEREOF, the parties have made and executed this Utility Easement Encroachment and Hold Harmless Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor, Lennar Land Partners, through Lennar Homes, Inc., attorney -in -fact, and Lennar Homes, Inc., through its Vice President, Greg Blair, duly authorized to execute same. ATTEST: 7 Marion Swenson, CMC / City Clerk a�s to form andygal Mit ell S. Kraft, City STATE OF FLORIDA SS COUNTY OF 2 CITY OF TAMARAC — U��"Z- Joe Schreiber, Mayor Date: --3 -P'l 0- / r L. iller, City Manager 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 woe S to me known to be the person(s) described in and who executed the foregoing instrument and 'the.( acknowledged before me and under oath that a executed the same. WITNESS my hand and official seal this ,Z/ day of _LV1,4k6q , 20al NOTARY' i a at Large OFFICMLWrARx SEAL ,W A WMM NO'CAU PUBLIC RATE OFROMA COMMISSION NO. CC775= (Name of Molary u , or type as Commissioned) ( personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or( b4DID NOT take an oath. 3 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Witnes print name Witness print name STATE OF FLORIDA COUNTY OF BROWARD : SS Lennar Land Partners, a Florida General Partnership By: Lennar Homes, Inc. Attorney in Fact pursuant to Power of Attorney recorded in Official Records Book 27298, Page 824 of the Pub •c ecords of Broward County, Florida By: akmiley, Vice President Greg Blair 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 &- r-evL3- &c i r to me known to be the person(s) described in and who executed the foregoing II Ibll u►nem and he acknowledged before me that he executed the same. WITNESS my hand and official seal this day of � , 20W personally known to me, or ( )Produced Identification N Y PUBLM1s'8tMezi9f F��r at Large Type of I.D. Produced MY COMMISSION# CC927973 E PIRE April 13, 2004 ( )DID take an oath, oKk2jD4D NOT take an BONDED THRUTROY FAIN INSURANCE,INC, IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first abov written. Lennar omes, Inc., a Florida Corporation fitness print name x® 949MI mac, Vice President Greg Blair Witn J print name STATE OF FLORIDA COUNTY OF BROWARD : SS 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 6rrj jet j f-- to me known to be the person(s) described in and who executed the foregoing Instrument and he acknowledged before me that he --executed the same. WITNESS my hand and official seal this PT' --day of Cw , 2066. rsonally known to me, or ( )Produced Identification NOTARY PUBLIC, State of F163da at Large Type of I.D. ProducedvP,, Christine Nunzio ( )DID take an oath, orh2fP1Q..N0T take an oath.?;( MYCOMMISSION# CC927973 EXPIRES ?y April 13, 2004 \ rofJ} BONDED TWRUTROY FAIN INSURgNCE,INC. P:P 1ects\II05d\docs\deeds\holdhar2.doc EXHIBIT "A" DESCRIPTION OF EXETER - EAST PORTION DESCRIPTION: THAT PORTION OF PARCEL "E", "KINGS POINT REPLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 156, PAGE 3, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "E"; THENCE SOUTH 27"03'17" WEST, A DISTANCE OF 600.65 FEET; THENCE NORTH 86 ° 20'27" WEST, A DISTANCE OF 397.32 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 320.00 FEET AND A CENTRAL ANGLE OF 50042'08", A DISTANCE OF 283.17 FEET TO THE POINT OF TANGENCY; THENCE NORTH 35038'19" WEST, A DISTANCE OF 368.66 FEET; THENCE NORTH 54°21'41" EAST, A DISTANCE OF 7.01 FEET (THE LAST FIVE DESCRIBED COURSES BEING COINCIDENT WITH THE EASTERLY AND SOUTHERLY BOUNDARIES OF SAID PARCEL "E"); THENCE NORTH 54 ° 21'41 " EAST, A DISTANCE OF 40.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 22 ° 18'04", A DISTANCE OF 15.57 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 09 ° 28'48", A DISTANCE OF 6.62 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 66007'18% A DISTANCE OF 230.81 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 202.50 FEET AND A CENTRAL ANGLE OF 45046'04", A DISTANCE OF 161.76 FEET TO THE POINT OF TANGENCY; THENCE NORTH 21 ° 1 1' 11 " EAST, A DISTANCE OF 140.02 FEET TO THE POINT OF CURVATURE. OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY, NORTHEASTERLY, AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 46036'54", A DISTANCE OF 32.54 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 23022'17" WEST (THE LAST SEVEN DESCRIBED COURSES BEING COINCIDENT WITH THE EASTERLY BOUNDARY OF THE INGRESS AND EGRESS EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 17041, PAGE 482, OF SAID PUBLIC RECORDS); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1160.00 FEET AND A CENTRAL ANGLE OF 03°40'59", A DISTANCE OF 74.57 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 62 °56'43" EAST, A DISTANCE OF 1014.69 FEET TO THE POINT OF BEGINNING (THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH THE NORTHERLY BOUNDARY OF SAID PARCEL "E"). SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 16.250 ACRES, MORE OR LESS. 0 AWPCADD\LLO5MDESC•E.DES EXHIBIT "B" r CARNAHAN • PROCTOR • CROSS, INC. CERTIFICATE OF AUTHORIZATION NO, LB 2936 6101 WEST ATLANTIC BLVD„ MARGATE, FL 33063 PHONE (954)972-3959 FAX (954)972-4178 E-MAIL: margate@carnahan-proctor.com DESCRIPTION AND SKETCH (NOT A SURVEY) EXETER - EAST PORTION UTILITY EASEMENT LEGAL DESCRIPTION: A PORTION OF PARCEL "E", "KINGS POINT REPLAT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 166, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL "E"; THENCE NORTH 62056'43" WEST ALONG THE NORTH LINE OF SAID PARCEL "E", A DISTANCE OF 141.73 FEET; THENCE SOUTH 27003'17" WEST, A DISTANCE OF 19.00 FEET TO THE POINT OF BEGINNING NO. 1; THENCE CONTINUE SOUTH 27°03'17" WEST, A DISTANCE OF 33.68 FEET; THENCE SOUTH 17°29'55" EAST, A DISTANCE OF 17.14 FEET; THENCE NORTH 89027'30" EAST, A DISTANCE OF 6.77 FEET; THENCE SOUTH 00°32'19" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 89027'30" WEST, A DISTANCE OF 4.23 FEET; THENCE SOUTH 27°03'17" WEST, A DISTANCE OF 356.78 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHWESTERLY, AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 133.50 FEET AND A CENTRAL ANGLE OF 66°58'11", A DISTANCE OF 156.04 FEET TO THE POINT OF TANGENCY; THENCE NORTH 86020'27" WEST, A DISTANCE OF 229.61 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 199.50 FEET AND A CENTRAL ANGLE OF 05034'38", A DISTANCE OF 19.42 FEET; THENCE NORTH 69'11,23" WEST ON A NON - TANGENT LINE, A DISTANCE OF 80,05 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT AT WHICH THE RADIUS POINT BEARS NORTH 32°23'03" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 199.50 FEET AND A CENTRAL ANGLE OF 21058,38", A DISTANCE OF 76.52 FEET TO THE POINT OF TANGENCY; THENCE NORTH 35038'19" WEST, A DISTANCE OF 188.57 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, NORTHERLY, AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 133.50 FEET AND A CENTRAL ANGLE OF 58°49'57", A DISTANCE OF 137.08 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHEASTERLY, AND NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 310.70 FEET AND A CENTRAL ANGLE OF 37-06'18", A DISTANCE OF 201.21 FEET TO THE POINT OF TANGENCY; THENCE NORTH 13054'38" WEST, A DISTANCE OF 115.04 FEET; THENCE NORTH 61°11'09" WEST, A DISTANCE OF 9.21 FEET; THENCE NORTH 87°58'28" WEST, A DISTANCE OF 96,62 FEET; THENCE NORTH 79°33'53" WEST, A DISTANCE OF 3.97 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 82011'38" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, ALSO BEING THE EAST LINE OF AN INGRESS AND EGRESS EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 17041, PAGE 482 OF SAID PUBLIC RECORDS, HAVING A RADIUS OF 202.50 FEET AND A CENTRAL ANGLE OF 04014'42", A DISTANCE OF 16.00 FEET; THENCE SOUTH 79°33'53" EAST ALONG A NON -RADIAL LINE, A DISTANCE OF 2.99 FEET; THENCE SOUTH 87"58'28" EAST, A DISTANCE OF 99.10 FEET; THENCE SOUTH 61°11'09" EAST, A DISTANCE OF 12.79 FEET; THENCE NORTH 27003'15" EAST, A DISTANCE OF 107.83 FEET; THENCE NORTH 75013'39" EAST, A DISTANCE OF 28.66 FEET; THENCE SOUTH 62°56'43" EAST, A DISTANCE OF 45.03 FEET; THENCE NORTH 27003'17" EAST, A DISTANCE OF 15.27 FEET; THENCE SOUTH 62056'43" EAST, A DISTANCE OF 164.66 FEET; THENCE SOUTH 27003,17" WEST, A DISTANCE OF 15.27 FEET; THENCE SOUTH 62056'43" EAST, A DISTANCE OF 211.98 FEET; THENCE SOUTH 35°40'45" EAST, A DISTANCE OF 19.05 FEET; THENCE NORTH 27003*17" EAST, A DISTANCE OF 24.00 FEET; THENCE SOUTH 62056'43" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 27003'17" WEST, A DISTANCE OF 34.31 FEET, SAID POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "A"; THENCE SOUTH 35°40'45" EAST, A DISTANCE OF 45.54 FEET; THENCE SOUTH 62056'40" EAST, A DISTANCE OF 63.93 FEET; THENCE SOUTH 74025'10" EAST, A DISTANCE OF 18.16 FEET; THENCE NORTH 88034'03" EAST, A DISTANCE OF 76.08 FEET; THENCE SOUTH 62056'41" EAST, A DISTANCE OF 128.81 FEET; THENCE NORTH 27003,17" EAST, A DISTANCE OF 15.27 FEET; THENCE SOUTH 62056'43" EAST, A DISTANCE OF 33.51 FEET TO THE POINT OF BEGINNING. LESS THEREFROM THE FOLLOWING THREE PARCELS: (LESSOUT #1) COMMENCING AT SAID REFERENCE POINT "A"; THENCE SOUTH 27°03'17" WEST, A DISTANCE OF 16.88 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 35°40'45" EAST, A DISTANCE OF 41.45 FEET; THENCE SOUTH 62056'40" EAST, A DISTANCE OF 69.08 FEET; THENCE SOUTH 74°25'10" EAST, A DISTANCE OF 21.92 FEET; THENCE NORTH 88034'03" EAST, A DISTANCE OF 74,52 FEET; THENCE SOUTH 62°56'41" EAST, A DISTANCE OF 116.81 FEET; THENCE SOUTH 27°03'17" WEST, A DISTANCE OF 8.46 FEET; THENCE SOUTH 62°56'43" EAST, A DISTANCE OF 21.43 FEET; THENCE SOUTH 27°03'17" WEST, A DISTANCE OF 174.12 FEET; THENCE NORTH 62056'43" WEST, A DISTANCE OF 4.00 FEET; THENCE SOUTH 27003'17" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 62°56'43" EAST, A DISTANCE OF 4.00 FEET; THENCE SOUTH 27003'17" WEST, A DISTANCE OF 206.95 FEET; THENCE SOUTH 66024'29" WEST, A DISTANCE OF 89.76 FEET; THENCE NORTH 86°20'27" WEST, A DISTANCE OF 33,12 FEET; THENCE NORTH 03039'33" EAST, A DISTANCE OF 5.00 FEET; THENCE NORTH 86020'27" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 03039'33" WEST, A DISTANCE OF 5.00 FEET; THENCE NORTH 86020'27" WEST, A DISTANCE OF 28.14 FEET; THENCE NORTH 03°39'33" EAST, A DISTANCE OF 5.00 FEET; THENCE NORTH 86°20'27" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 03039'33" WEST, A DISTANCE OF 5.00 FEET; THENCE NORTH 86020'27" WEST, A DISTANCE OF 60.55 FEET; THENCE NORTH 80002'53" WEST, A DISTANCE OF 109.00 FEET; THENCE NORTH 23°22'23" EAST, A DISTANCE OF 81.18 FEET; THENCE NORTH 02034'01" WEST, A DISTANCE OF 60.82 FEET; THENCE NORTH 26°44'12" EAST, A DISTANCE OF 104,41 FEET; THENCE SOUTH 62056'43" EAST, A DISTANCE OF 41.29 FEET; THENCE SOUTH 27003'17" WEST, EXETER-EAST I JOB NO.: 881205D I DATE: 5-18-99 1 SHEET 1 OF 6 SF, p:\projects\1105d\legals\ue___11.doc LEGAL DESCRIPTION (CONTINUED) A DISTANCE OF 3.00 FEET; THENCE SOUTH 62056'43" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 27003'17" EAST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 62°56'43" EAST, A DISTANCE OF 27.58 FEET; THENCE NORTH 65055-42" EAST, A DISTANCE OF 36.10 FEET; THENCE SOUTH 24°04'18" EAST, A DISTANCE OF 19.00 FEET; THENCE NORTH 65°55'42" EAST„ A DISTANCE OF 15.00 FEET; THENCE NORTH 24°04'18" WEST, A DISTANCE OF 19.00 FEET; THENCE NORTH 65"55'42" EAST, A DISTANCE OF 28.46 FEET; THENCE NORTH 25000'10" WEST, A DISTANCE OF 28.05 FEET; THENCE NORTH 64°59'50" EAST, A DISTANCE OF 19.00 FEET; THENCE NORTH 25000'10" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 64°59'50" WEST, A DISTANCE OF 19.00 FEET; THENCE NORTH 25000'10" WEST, A DISTANCE OF 36.68 FEET; THENCE NORTH 62°56'43" WEST, A DISTANCE OF 65.80 FEET; THENCE NORTH 27°03'17" EAST, A DISTANCE OF 70.27 FEET; THENCE SOUTH 62056'43" EAST, A DISTANCE OF 4.00 FEET; THENCE NORTH 27°03'17" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 62056'43" WEST, A DISTANCE OF 4.00 FEET; THENCE NORTH 27°03'17" EAST, A DISTANCE OF 110.82 FEET TO THE POINT OF BEGINNING. (LESSOUT #2) COMMENCING AT SAID REFERENCE POINT "A"; THENCE SOUTH 27"03'17" WEST, A DISTANCE OF 227.97 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 62056'43" EAST, A DISTANCE OF 60.64 FEET; THENCE SOUTH 25000'10" EAST, A DISTANCE OF 53.83 FEET; THENCE SOUTH 21 °38'56" WEST, A DISTANCE OF 7.88 FEET; THENCE SOUTH 65°55'42" WEST, A DISTANCE OF 14.93 FEET; THENCE NORTH 24004'18" WEST, A DISTANCE OF 13.20 FEET; THENCE SOUTH 65055'42" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 24004'18" EAST, A DISTANCE OF 13.20 FEET; THENCE SOUTH 65°55'42" WEST, A DISTANCE OF 21.48 FEET; THENCE NORTH 62056-43" WEST, A DISTANCE OF 71.57 FEET; THENCE NORTH 27"03'17" EAST, A DISTANCE OF 80.97 FEET TO THE POINT OF BEGINNING. (LESSOUT #3) COMMENCING AT SAID REFERENCE POINT "A"; THENCE NORTH 68019'54" WEST, A DISTANCE OF 27.80 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 52029'01" WEST, A DISTANCE OF 33.74 FEET; THENCE SOUTH 27003'17" WEST, A DISTANCE OF 107.00 FEET; THENCE NORTH 62056'43" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 27003'17" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 62"56'43" EAST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 27003'17" WEST, A DISTANCE OF 89.26 FEET; THENCE NORTH 62056'43" WEST, A DISTANCE OF 51.17 FEET; THENCE SOUTH 27003'17" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 62056'43" EAST, A DISTANCE OF 51.17 FEET; THENCE SOUTH 27°03'17" WEST, A DISTANCE OF 28.96 FEET; THENCE SOUTH 12002'33" EAST, A DISTANCE OF 7.83 FEET; THENCE SOUTH 77008,08" WEST, A DISTANCE OF 30.20 FEET; THENCE SOUTH 44058'53" WEST, A DISTANCE OF 10.85 FEET; THENCE SOUTH 45001'07" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 44058'53" EAST, A DISTANCE OF 6.53 FEET; THENCE NORTH 77-08-08" EAST, A DISTANCE OF 25.65 FEET; THENCE SOUTH 12002'33" EAST, A DISTANCE OF 12.04 FEET; THENCE SOUTH 26°44'12" WEST, A DISTANCE OF 116.98 FEET; THENCE SOUTH 02034'01" EAST, A DISTANCE OF 61,29 FEET; THENCE SOUTH 23022'23" WEST, A DISTANCE OF 81.31 FEET; THENCE NORTH 80002'53" WEST, A DISTANCE OF 20.08 FEET; THENCE NORTH 41039*50" WEST, A DISTANCE OF 154.71 FEET; THENCE NORTH 31029'56" WEST, A DISTANCE OF 148,09 FEET; THENCE NORTH 11019*13" EAST, A DISTANCE OF 75.87 FEET; THENCE SOUTH 69044'03" EAST, A DISTANCE OF 8.18 FEET; THENCE NORTH 11°19'13" EAST, A DISTANCE OF 15.18 FEET; THENCE NORTH 69044'03" WEST, A DISTANCE OF 8.18 FEET; THENCE NORTH 11019,13" EAST, A DISTANCE OF 28.58 FEET; THENCE SOUTH 77037'16" EAST, A DISTANCE OF 8.00 FEET; THENCE NORTH 12022'44" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 77037'16" WEST, A DISTANCE OF 8.28 FEET; THENCE NORTH 11019'13" EAST, A DISTANCE OF 61.73 FEET; THENCE NORTH 01036'00" WEST, A DISTANCE OF 29.41 FEET; THENCE NORTH 85059'03" WEST, A DISTANCE OF 28.06 FEET; THENCE NORTH 08010,54" WEST, A DISTANCE OF 23.87 FEET; THENCE NORTH 84057'19" EAST, A DISTANCE OF 27.77 FEET; THENCE NORTH 05002'41" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 84057'19" WEST, A DISTANCE OF 29.45 FEET; THENCE NORTH 13054'38" WEST, A DISTANCE OF 114.27 FEET; THENCE NORTH 27003'15" EAST, A DISTANCE OF 111.05 FEET; THENCE NORTH 75°13'39" EAST, A DISTANCE OF 15.22 FEET; THENCE SOUTH 14035'44" EAST, A DISTANCE OF 24.12 FEET; THENCE NORTH 75024'16" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 14035'44" WEST, A DISTANCE OF 11.67 FEET; THENCE SOUTH 62056'43" EAST, A DISTANCE OF 212.49 FEET; THENCE SOUTH 27°03'17" WEST, A DISTANCE OF 22.00 FEET; THENCE SOUTH 62056'43" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 27003'17" EAST, A DISTANCE OF 22.00 FEET; THENCE SOUTH 62056'43" EAST, A DISTANCE OF 166.08 FEET; THENCE SOUTH 35040'45" EAST, A DISTANCE OF 14.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCING AT SAID NORTHEAST CORNER OF PARCEL "E"; THENCE NORTH 62056'43" WEST ALONG SAID NORTH LINE OF PARCEL "E", A DISTANCE OF 389.42 FEET; THENCE SOUTH 27003'17" WEST, A DISTANCE OF 19.00 FEET TO THE POINT OF BEGINNING NO. 2; THENCE CONTINUE SOUTH 27003'17" WEST, A DISTANCE OF 25.00 FEET; THENCE NORTH 62056'43" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 27003'17" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 62056'43" EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. EXETER-EAST JOB NO.: 881205D DATE: 5-18-99 SHEET 2 OF 6 SHEETS p:\projects\1105d\legals\ue_11.doc 1►[*31111:K THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS, INC., AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION. 3. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS -OF -WAY, AND RESTRICTIONS OF RECORD. 4. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED. 5. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS -OF -WAY, EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION NEED BE OBTAINED. ABBREVIATIONS A = ARC LENGTH RNV - RIGHT-OF-WAY B.C.R. - BROWARD COUNTY RECORDS U.E. = UTILITY EASEMENT CH. = CHORD D = DELTA (CENTRAL ANGLE) D.E. - DRAINAGE EASEMENT O.R.B. - OFFICIAL RECORD BOOK N.R. = NON -RADIAL N.T. = NON -TANGENT P.B. = PLAT BOOK PG. = PAGE IS) P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.O.T. = POINT OF TERMINATION R = RADIUS SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027. FLORIDA STATUTE$, AND THAT SAID DESCRIPTION AND SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DONNA C. WEST PROFESSIONAL SUR YOR AND MAPPER FLORIDA LICENSE NO. LS 4290 DATE OF LAST FIELD WORK: NOT A SURVEY EXETER-EAST I JOB NO.: 881205D I DATE: 5-18-99 I SHEET 3 OF 6 SHEETS I p:\projects\I I05d\Iega Is\ue_11. doc UTILITY EASEMENT 12'UTILITY IN EXETER - EAST PORTION EASEMENT PROPOSED 1 19' UTILITY EASEMENT S27003' 1 7 "W NW 80th STREET 19.00, P.O.B.N0.1 NORTHE�RL�Y BOUNDARY S62056'43"E N62056'43"W 1 P369�4F' 33.51'----1 tee. 141.73' 1 _ N27003' 1 7 "E 1 1 N88°34.03"E 74.52' i 1 N62056'43"W 4.00' S27°03'17"W z 1 J 15.00 =—�- S62056'43 "E 1 = 4.00'— 1 � 1 Q 1 � 1 1 1 1 1 1 1 i 1 1 1 M N• M . r� �` r, C,ONO� O IM. `.t'o"1a u,tD 0, w IO+ONON�1 O O co O oZ to i i 0-0 1 � A'. 2�20' Z 1 MV► 1 6°Z0� Z1 Ne 1 1 1 l� 0%l. ,0 0 O Q +I, 1 S7 ° 29b 55 "E 17.14' N89°27' 30 "E 6.77' S00°32' 19 "E 15.00' S89°27' 30 "W 4.23' P.O.C. NORTHEAST CORNER PARCEL ,E,, "KINGS POINT REPLAT.' (P.B. 156, PG. 3. B.C.R.) SIDEWALK — EASEMENT (O.R.B. 25253, PG. 504. B.C.R.) Hw Z:4 S7. I � THIS SKETCH LOCATION MAP NOT TO SCALE JOB NO. 881205D DWG BY: kot SCALE' 1"• 50' UTILITY EASEMENT EXETER-EAST CK'D By! DCW DATE: 4-22-99 SHEET 4 OF 6 SHEETS FILE: pAprojects\II05d\II05dsk.dgn UTILITY EASEMENT PROPOSED 19'UTILITY EASEMENT IN EXETER - EAST PORTION 12' uT1urY P.O.B.NO.Z1 EASEMENT NW 80th STREET S62056'43"E S17029'55"E 2D.00' 19.00' 1 1 S2?,47003'17-W62°56'43"W NORTHERLY BOUNDARY PARCEL ••E• 34.31 ' 389.42' i ■ 1 �211.98' S35°40'45"E 19.05' S62056'43 "E S35040'45 "E 14.50'--� P.O.B. L S52029'01"W 33.T4'--- O 0 N62056'43"W 3.00, S27°03'17"W` 15.00' S62056'43"E 3.00' N62056'43"W S27003' 17 "W 55 77; 15.00' 5i:i7 P. S62°56'43"E 2 S27°03-IT V 28.96' S12°02'3�33"E STT 08'08" 30.20' 544°58'53"W 10.85' 545lg1007"E N440508'53"E 6.53' NT7°08'08 "E 25.65' S12°02'33"E 12.04' _ _N27003' 1 7 "E 1 --:161! - —1��-1 N27°03'17'E 30.00 S27003'17"W 25.00'30.00 25.00' 41 1 RE" APT 5746255604-E3 "W 63 1il.V 3 S6� 6'4 0 °,508'?6p,S62°5'0W ;0-�E 21.92 4S74°25"E 545"E5 UJ ZA'1A 5040'45"E -J 1 ►-_ 45.45 z P.O.B. �� LESSOV -1 N62056'43"W 4.00' Q 1 13 N2 7 "E i 5 O;l J4 1 60056' 4 3 "E N27003' 1 7 "E 70.27' 65.80' \� N660 6443"W S62056'43"E , { N24004'18 "W 13.20'— m S65°55'42"W 15.00, a S24°04.18"E 13.20'— S65°55'42"W 21 .4 8 =-- 71.57' N62056'43"W MN ti MO�`ornu: f•1 1h �DN ,0 N• a eo e �pv�v vvi "no z tAD iN N 0 z A A a* O h0 O °P 00 °00 .h0 PO ° 00.E Oy •�.0c' S21 °38'56"W 7.88' S65°55'42"W ABS° 14.93' ° 09 , 1 56 M *Lt4v()� lk%V lb •y�, ;I-- /S s ; C/ in eq S0 7P °0 02 B8•S RADIUS POINT ZN Z9•r4,3"'N 1 3a./g N32023R03 "E 06°Zp 2 D•21°5$'38" 80.05' D-05°34'38" R-199.50' N69e11•23 ' "W R•199.50' A•76.52N,T. A-19.42' JOB NO. 8812050 IDWG BY' kot SCALE: r•- 60' UTILITY EASEMENT EXETER-EAST I CK'0 B = DCW DAM 4-22-99 1 SHEET 5 OF 6 SHEETS FILE: p:\projects\1105d\1105dsk,dgn UTILITY EASEMENT 15' FORCE MAIN IN EXETER - EAST PORTION 19• UTILP7YOPEASEMENT 1 EASEMENT (O.R.B.16491, NW 80th STREET 1 PG. 977, B.C.R. NORTHERLY BOUNDARY PARCEL "E" 1 f� -C �- fy".. - —'I =--- S62 ° 56 ' 4 3 "E 2 °03'I7"W 1 15p.2 164.fifi' 15.27' EASEMENT qq y S62o1rj�343"E 212.49' 1 1 I h� NIA°355'44"W S62056'43"E 11.67' 527°03'I7yj I a1 16"E15.00' 22.0N75°24' I I43j 244 rt S62°56'43S 15.00' N75° 1 3' 39 "E N27003' 1 7 "E 1 1°'• "' 15.22' 22.00' 1 ► �1 I D•04°14.42" S62056'43"E 166.08' 1 _ ti R*202.50 1 ! A•15.00' 1 S79°33'53"E 2.99' IN.R. 0' N 1 z �N 1 1 \ p s N79033'53 "W 9sO�.i �• A''�► . A\ 11DID RAD (BEARS US POINT �a�y•A� �d5 �. �� S82 1 1 ' 38 "E ,yA 12' UTILITY 0 EASEMENT°\10 \ \ \\ \ •� \ �� \ INGRESS AND EGRESS \ \ EASEMENT c' r �� (O.R.B. 17041, 0 PG.482. B.C.R. ,r+ 15' FORCE MAIN EASEMENT�{'�I i 1 (O.R.B. 16491. PG. 977, B.C.R.) III 15' WATER MAIN N 1 1 0� � 1 O 10 � 1 i w i W N77°37'16"W Z 1 8.28' 1 N12°22'44 "E 15.00, Z 1 S77°37-I6"E U 8.00. NI I°19'13"E 28.58' N69044'03 "W 8.18' 1 NII°19'13"E 15.18' 1 S69044'03 "E ; z 8.18' �4 p 1 � � 1 EASEMENT 7D I (0 R B 16491. ;, p C'4Hq��li ��( ( ►� I 1 PG. 977, B.C.R.) �t0' �9 N3� ° 19s 20. 1 fqs f+9ir� I 1 /,1 /Z�� �qe• 0 6 / /9" 1 JOB NO. 881205D DWC By: kot SCALE= r. 60. UTILITY EASEMENT EXETER-EAST CK'D By: DCW DATE: 4-22-99 SHEET 6 OF 6 SHEETS FILE: p!\projects\1105d\1105dsk.dgn EXHIBIT "C" I I I I I II �k II III Ili I I I !III II III �IV I I I I III II I I I 11 II ill II II I 1 �11 I II I II 1 ill II I I I II II III II I II I I Imlll II � II III III, I I �tll�lll II gg 1 I I . I I I�ill I I�171 I IZI�1 I IYI II 1 1,1111 I� III yl ; I I III I� 11 �_ I I' 1111 I i Ili II I I; I I i ill i1 1' I I Ill II I I' I II II. I I III II I: I I'I II i, I 19°h" C If►x� 1 Ih I1 1i1 I w � Io s � V x9, al g w a 1�! 1 1 \ \ �W afXli \\ Mxb M..wlw3] \ \ \ CO'VW M . r� p leW mr � r•r aawu r�3xa xwavr �sr.