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HomeMy WebLinkAboutCity of Tamarac Resolution R-85-153Introduced by / rr-Lv Temp. Reso. #3512 L] 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-85- ISO A RESOLUTION APPROVING AND ACCEPTING THE TERMS AND CONDITIONS OF THE STIPULATED SETTLEMENT AGREEMENT AND ORDER IN THE CASE OF THE CITY OF TAMARAC AND CITY OF LAUDERHILL VS. RICHARD C. JONES, ET. AL. (LEADERSHIP HOUSING, INC.) (SLUDGE FARM); AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TAMARAC, FLORIDA: SECTION l: That the terms and conditions of the stipulated settlement agreement are hereby approved by the City Council, a copy of said document being attached hereto as Exhibit A. SECTION 2: This Resolution shall become effective upon adoption. �� . PASSED, ADOPTED AND APPROVED this day of 1985. OS/' MAYOR ATTEST: ASSISTANT CITY CLERK I HEREBY CER Y that I have approved th form and correctness of phis Res lutipn. TY ATTORNEY RECORD OF COUNCIL VOTE MAYOR: KRAVIT7_ DIST4: C'IM aTF-iN DIST 3: f // :; GO m�TESMAN DIST 2: C/M MUNITZ DIST 1: V/M MASSARO I * I lb CITY OF TAMARAC, a Municipal corporation of the State of Florida, Petitioner, vs. RICHARD C. JONES, et al., Defendants. V R-85-153 N IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Case No.: 83-13334 DF STIPULATED SETTLEMENT AGREEMENT AND ORDER Petitioner, City of Tamarac, a Municipal corporation of the State of Florida, and Defendants, Richard C. Jones, et al., hereby stipulate and agree as follows: 1. The original petition in this cause was filed by the City of Tamarac on June 23, 1983, as an action in eminent domain to acquire an easement to use certain property, consisting of approximately 36.5 acres situated in Tracts 26, 27 and a portion of Tract 25 of Section 7, Township 49 South, Range 41 East, to- gether with a twenty -foot access right-of-way situated in the North half of Land Section 8, Township 49 South, Range 41 East, the City of Tamarac, Florida ("Easement Property"), for the dis- posal of treated sludge from the City of Tamarac West Wastewater Treatment Plant. 2. The defendant (for the purposes of this Stipulated Settlement Agreement, the terms Defendant or Seller shall mean Richard C. Jones, as Trustee of Land Trust No. Section 7, his grantees, successors, transferees, lessees and assigns) in this cause is the record owner of the South Half of Land Section 7 ("Jones Property"), excepting Tracts 21 and 22 and certain right-of-way. 3. The petitioner, City of Lauderhill, intervened in this cause, to protect its rights under an agreement with the City of Tamarac, in which the City of Lauderhill is authorized to utilize approximately forty percent of the Easement Property it I No ob for disposal of treated sludge from its wastewater treatment facilities. 4. Defendant -Intervenor, Toll Development Corporation, intervened as the Optionee of certain lands situated in Land Section 8, which includes the access right-of-way. 5. An Orden of Taking was entered by this Court on October 26, 1983, finding that the petitioner, City of Tamarac, was entitled to an easement to use the subject property for a period of thirty-six months commencing on July 13, 1983, for a sludge disposal facility, and requiring the petitioner to deposit into the Registry of the Court, the total sum of $150,000.00. Those funds were deposited by the City of Tamarac on November 3, 1983. 6. Subsequent to the entry of the Order of Taking, the parties have been engaged in settlement negotiations in an effort to avoid the costs of extensive litigation in this cause, and to provide for the orderly development and use of the subject property, in order to ensure compatibility with the future land uses in the South Half of Land Section 7. 7. The petitioner, City of Tamarac, in the process of the negotiations for a settlement, has reviewed its future needs for a wastewater disposal facility and has determined that it is in the best interests of the health, safety and welfare of the citizens of Tamarac to secure fee title to forty-five acres of land owned by the defendant for a comprehensive municipal facility. 8. The petitioner, City of Tamarac, in furtherance of its review of the City's needs for a comprehensive municipal facility, adopted Resolution No. R-85-61, on February 22, 1985, declaring the need to acquire fee simple title to a parcel of land located on Tracts 25, 26, 30, 31 and 32, of Land Section 7, and instructed the City Attorney to pursue the acquisition of said parcel pursuant to the City's power of eminent domain. 9. Petitioner, City of Tamarac, on February 22, 1985, filed its Motion for Leave to Amend the Petition in this cause, :WX tp so Ob which Motion was granted by this Court on February 27, 1985. The Third Amended Petition in Eminent Domain relates to a forty-five (45) acre parcel in Land Section 7, together with access thereto in Land Section 7, therefor, the only appropriate defendants for purposes of the Third Amended Petition are Richard C. Jones, Trustee, et al. 10. Subsequent to the filing of the Third Amended Petition, the parties have continued their settlement negotiations in an effort to accomodate the needs of the City of Tamarac and to ensure the orderly development of the remainder of the Jones Property in conformity with the City's needs, and the parties have agreed as follows: A. The defendant, will sell to the City of Tamarac, and the City will purchase a forty-five acre parcel of land situated in the South half of Land Section 7 as shown on the sketch attached hereto as Exhibit "A" ("Property") at a purchase price of Twenty Thousand Nine Hundred Thirty -Seven and 50/100 Dollars ($20,937.50) per acre, for a total purchase price of Nine Hundred Forty Two Thousand One Hundred Eighty -Seven and 50/100 Dollars ($942,187.50). The City shall receive good marketable and/or insurable fee simple title. The parties agree that a credit in the amount of One Hundred Fifteen Thousand Dollars ($115,000) will be given against the purchase price at Closing in consideration for the funds previously deposited in the Registry of this Court, less attorneys' fees as a condition to the Order of Taking described above. The balance of Eight Hundred Twenty Seven Thousand One Hundred Eighty -Seven and 50/100 Dollars ($827,187.50) shall be paid in good funds at the day of Closing as provided herein. The parties acknowledge and agree that the purchase and sale as provided herein is entered into under the threat or imminence of requisition or condemnation of all or part of the Property by the City of Tamarac. Accordingly, the per acre -3 I -A I * 40 purchase price reflects a negotiated value based upon the potential for a taking in fee by the City, which may not be equal to a value reached by arms -length negotiations without the threat or imminence of requisition or condemnation, and neither the Seller nor the Purchaser shall be bound by or may rely upon such valuation in any future negotiations or condemnation proceedings with respect to properties in Land Sections 7 or 8. If the City in the future should determine that any portion of the Property is no longer needed for municipal purposes and offers the Property for sale, or obtains a bona fide offer to purchase, then and in that event, the Purchaser shall be required to so advise the Seller in writing, and the Seller shall have a sixty (60) day first right of refusal to repurchase the said property or any portion thereof at the lesser of , the per acre price of any such offer to purchase or the iden- tical purchase price of Twenty Thousand Nine Hundred Thirty -Seven and 50/100 Dollars ($20,937.50) per acre, which per acre price of Twenty Thousand Nine Hundred Thirty -Seven and 50/100 Dollars ($20,937.50) shall be increased in the same proportion as any increase in the "Revised Consumer Price Index for Urban Wage Earners and Clerical Workers-U.S. City Average - All Items" (1967=100), prepared by the Bureau of Labor Statistics of the U.S. Department of Labor. The base month for consideration of any escalation in said Consumer Price Index shall be the date that the property is conveyed by the Seller to the Purchaser. The Closing shall take place on or before the lst day of July, 1985, unless the same is extended by a written agreement of the parties. At the option of the Seller, the Seller shall provide to Purchaser, thirty (30) days prior to Closing, a title commitment showing good and marketable title in Seller, or an abstract of title. Real estate taxes shall be prorated to the date of Closing, and it shall be the responsibility of Seller to pay for and affix revenue tax stamps on any document of conveyance, to the extent required by law. -4- ti The parties agree that the deed conve in the Property from the defendant to the plaintiff shall contain the ,following: "The Property conve ed hereby shall never be used for a _wastewater treatment fa_cl.it__ The fore oin shall be a covenant runnin with the land and bindinE_upon the grantee n named herein and its successors and assigns in er etuit ." B. The parties recognize that a portion of the premises which were the subject of the Order of Taking lies South of the forty-five acre parcel to be acquired by the City. This portion is shown on the sketch which is attached as Exhibit "B." The utilization of that portion for sludge disposal by the City will terminate on or before one hundred eighty (180) days from written notice by the portion owner to the City that such termina- tion is required. Notwithstanding the foregoing, the City shall have the right to continue to dispose sludge on this portion for a period of two (2) years from the date of the entry of this Order. C. Upon termination of the utilization of that parcel for sludge disposal the City shall within one hundred eighty (180) days remove all sludge deposited thereon and relocate the sludge to a properly permitted disposal site. The cost of removal of the sludge will be the sole cost and expense of the City. D. In order to ensure that the future development of the City's forty-five acre parcel is compatible with the sur- rounding land uses, the City agrees to submit the proposed develop- ment of its parcel to the City's site plan review, plat review and development review process. The City further agrees that the site plan for the parcel shall provide for extensive berming and landscape buffering in conformance with the City's Landscape Ordinance, and the City shall be required to coordinate the con- struction of said improvements in order that the improvements are in place prior to the request for issuance of a Certificate of Occupancy for any development within the Jones Property. -5- 10 .0 E. Prior to the execution of this Stipulated Settlement Agreement, the City of Tamarac has been processing a proposed Land Use Plan Amendment for Land Section 7 pursuant to the provisions of Chapter 163, Florida Statutes. Based upon the public hearings conducted pursuant to the statutory require- ments, and because of the City's decision to purchase the forty- five (45) acre parcel as depicted in Exhibit "A" hereto, it is necessary that the City revise its proposed plan for the South Half of Land Section 7 to facilitate the objectives of the City. In re-evaluating the proposed land uses for the South Half of Section 7, the City has determined that it is in its best interests to propose certain land use modifications prior to the final public hearing, as also depicted on the attached Exhibit "B," including a net thirty (30) acre regional Commerical parcel as shown thereon. F. In order to accommodate the future traffic needs of the properties situated within the South Half of Land Section 7, the City recognizes the necessity of providing four -lane divided access from both Commercial Boulevard and Nob Hill Road, and that the right-of-way requirements for said access shall provide for 106 foot right-of-way, together with expanded intersec- tions. Access from Commercial Boulevard shall be provided by the extension of Hiatus Road to the North and access from Nob Hill Road to Hiatus Road shall be provided by the construction of a boulevard, the right-of-way for which shall separate the City's parcel on the North and the Commercial parcel on the South, as depicted on the attached Exhibit "B." The use of the Nob Hill Road right-of-way in the South Half of Section 7, as provided for in the Broward County Trafficways Plan, and as depicted on the attached Exhibit "C," will be provided by easement of access to the City at the time of Closing, at no cost to the City. In the event that the City determines that access to the forty-five (45) acre parcel is necessary within the proposed boulevard right- of-way prior to the dedication of said right -of --way, the use of the right-of-way shall be provided by easement of access to the City upon reasonable request therefor. IF U'] G. The City acknowledges that pursuant to its adopted Capital improvement Plan, Tamarac Utilities West, Project No. 7 - Western Sector Wastewater Transport Systems, the City proposes to construct a force main system in and from Land Section 7 to the Tamarac Utilities West wastewater treatment facility in order to provide service to Land Section 7. The City of Tamarac Budget for fiscal year 1984-1985, has budgeted $435,200 (sewer CIAC Account No. 432-367-538-649), and the City shall commence and complete construction of the force main in and from Land Section 7 to the existing wastewater treatment facility, as depicted on Exhibit "E" attached hereto and made a part hereof, within three (3) years from the date of the entry of this Order. In the event the defendant desires to construct the force main in advance of its scheduled construction by the City, the defendant shall have the option to front-end any deficiency between the total amount budgeted by the City and the cost of the construction of said force main, and to construct said force main in accordance with the specifications of the City. In such event, the City shall advance the budgeted amount during the construction of the force main improvement and provide for the reimbursement to defendant of all deficiency monies front -ended by defendant within one year of the completion of said construction. Pursuant to applicable City Ordinances, the City shall guarantee that the Jones Property in the South Half of Land Section 7 shall be permitted to tie-in to the City's nearest wastewater facilities, and the City shall adopt an appropriate ordinance providing for adequate capacity, as requested by Defendant, to be reserved and made available to service the Jones Property, said ordinance to be enacted within one hundred twenty (120) days of the request of the defendant. H. In order to accommodate the future drainage needs of the South Half of Land Section 7, the parties acknowledge that it will be necessary to provide for an East-West drainage canal, immediately south of the East-West Quarter Section line. -7- The drainage canal right-of-way shall be one hundred and twenty (1201) feet in width, and it shall be the responsibility of Defen- dant to provide said right-of-way and construct the drainage canal in accordance with the specifications in effect upon the date of the entry of the Order herein. The most easterly fifty (50') feet of the one hundred and twenty (120') foot right-of-way, as depicted on the attached Exhibit "D," shall be an easement for drainage and utility purposes, and shall be conveyed by sep- arate instrument to the City within thirty (30) days of receipt of written notice that the easement is necessary for construction of utility facilities. Any and all materials removed from the drainage canal right-of-way shall be the sole property of Defen- dant. I. The City shall, within thirty (30) days of the entry of the Court's Order, promptly and diligently continue through the Land Use Plan Amendment process for the South Half of Land Section 7, consistent with the provisions set out herein, and shall initiate and diligently prosecute the rezoning of the 00 properties in conformity with the recertified Land Use Plan, within thirty (30) days of the recertification thereof. J. In order to plan and provide for the orderly development of the South Half of Land Section 7, and to assure that the necessary services and facilities are available to provide for the future development thereof, the City acknowledges that it is in its best interest to assist the property owners in the development permitting process, and, further, in the event that it is determined by the property owners in the South Half of Land Section 7 that the infrastructure improvements should be provided for through the creation of a special assessment district, bond financing, or master development agreement, the City agrees IPto use its best efforts to assist in the implementation thereof. The parties acknowledge that a referendum is required under the Tamarac City Charter for bond financing. i'I r 11. Pursuant to the terms of this Stipulated Settlement Agreement, the parties agree to request that the Court amend the Order of Taking previously entered by this Court on October 26, 1983, to provide that the City of Tamarac's easement on the pro- perty described as the "sludge farm" and access to the "sludge farm" shall be extinguished upon the entry of the Order stipulated and agreed to herein. 12. The parties agree to request the Court to provide that the terms and provisions of this Stipulated Settlement Agree- ment shall be incorporated into this Court's Order, and that the Court shall retain jurisdiction of this cause to enforce the terms and provisions hereof. STIPULATED AND AGREED TO between the parties this JZZ day of 1985. LAW OFFICE OF ALAN F. RUF, P.A. RUDEN, BARNETT, McCLOSKY, Special Counsel to Petitioner, SCHUSTER & RUSSELL, P.A. City of Tamarac Counsel for Defendants, 2801 East Oakland Park Boulevard Richard C. Jones, et al. Fort Lauderdale, Florida 33306 One Corporate Plaza (305) 561-2230 Penthouse B P.O. Box 1900 By: Fort Lauderdale, Florida 33302 Alan F. Ruf, Esquire By: Edwin J. Stacker, Esquire This cause came before the Court upon the Stipulated Settlement Agreement of the parties hereto, and the Court having considered the same as well as being fully advised in the premises, it is thereupon; ORDERED AND ADJUDGED THAT: 1. The Stipulated Settlement Agreement is hereby approved, and incorporated herein by reference, as if the same were fully set out herein. 2. The Order of Taking entered by this Court on October 26, 1983, is hereby amended to provide for the extinguish- ment of the easements granted thereby. Q10 F] I� 3. The parties hereto are hereby directed to implement the terms and conditions of the Stipulated Settlement Agreement. 4. Based upon the terms and provisions of the Stipu- lated Settlement Agreement, except as provided in paragraph 5, below this cause is hereby dismissed, with prejudice, with each party to bear its own costs and attorneys' fees. 5. This Court retains jurisdiction of this cause to enforce the terms and provisions of the Stipulated Settlement Agreement. DONE AND ORDER in Chambers at Fort Lauderdale, Broward County, State of Florida, this day of , Copies furnished: -10- CIRCUIT COURT JUDGE LAND 5ECTI ON 7, 60UTH c i-•zoo, Ts N cio-zw4a•W E. UNr JEWC -T _ PROPOSED NOB HILL ROAD S.E. Ct,]RN ER ���•�P4�S,RGE 41 E EXHIBIT A "SKETCH OF DE'5CRIPTION- •l%` ■ "A#vc = L;Pl VARS, P.A. E1V 011YEEAE-PLANAIERs-SUMVEYOAa ITT. LAUOSMOALE, PL. CR8N lULC •RAeF1� ILL. (206) 7G�-�Ma3 c2os2 Ilr1ftf%mm r OAT■ RIELO GOOK F CKO. MY t4/&. ivL& s►',rr► onvisioNs l-IL-� R. �lWrKrC�G� •LLB pNC'ZI y� EXHITIT "A" SNEIE 1 C7F'Z LAND SECTION 7. 50UTH DESCRIPTION A portion of Tracts 25, 26, 30, 31 and 32 of Florida Fruit Lands Company Subdivision No. 2, as recorded in Plat Book 1, Page 102 of the Public Records_ of Palm Beach, Florida, lying in Section 7; Township 49 South., Rang* 41 East, Broward County, Florida, more Particularly described as follows: COMMENCING at the Southeast corner of said Section 7; thence North 01" 24' 48" West, along the East line of said Section 7, a distance of 1403.69 feet; thence South 88' 35' 12" West, 107.00 feet to the POINT OF BEGINNING; thence continue South 88. 35' 12" West, 300.00 feet; thence South 860 34' S6" West, 200.12 feet; thence South 88' 35' 12' West, 383.97 feet to a Point of Curvature with a tangent curve concave to the ,Southeast; thence southwesterly along the arc of said curve having a radius of 753.00 feet, a delta of 350 511. 110, an arc distance of 471.19 feet to a point of non --tangency; thence North 82' 41' 45' West, 49.13 feet; thence North 38' 07' 32' West, 112.09 feet to a Point of Curvature with a tangent curve concave to the Southwest; thence northwesterly along the arc of said curve, having a radius of 1253.00 feet, a delta of 15' 36' 08", an arc distance of 341.21 feet to a point of non -tangency; thence North 00' 40' 06' West, 948.38 feet to a point on a line 120 feet South of and -.parallel with the North line of the Southeast One -{quarter (SE 1/4) of said Section 7; thence North 89' 19' 54" East, along said parallel-: line, 1720.86 feet to a point on a line 53 feet West of and parallel with said East line of Section 7; thence South OP 24' 48" East, along the last described parallel line, 581.11 feet; thence South 040 00'.49" West, 200.90 feet to a point on a line 72 feet West of and parallel with said Easi-line of Section 7, thence South 01' 24' 48" East, along the last described parallel line, 300.00 feet; thence South 43' 35' 12" West, 49.50 feet to the POINT OF BEGINNING. Containing 45.00 acres, more or less. NOTES: 1. Reproductions of this sketch afire not valid unless sealed with an embossed surveyor's seal. 2. Lands shown hereon were not abstracted for Rights -of -:Way, Easements, Ownership, or other Instruments of Record. 3. Bearings shown hereon are relative to Stoner/Keith Resurvey of Township 49 South, Range 41 East, as recorded in Miscellaneous Map Book 3, Page 44 of the Public Records of Broward County, Florida. 4. The "LAND DESCRIPTION" hereon was prepared by the surveyor. S. This sketch does not represent a field survey. CERTUICATE: We hereby certify that the attached Sketch of Description of the hereon described property is true and correct to the best of our knowledge and belief as delineated under our direction in February, 1985. We further certify that this Sketch of'Description meets the minimum technical standards set forttr in rule 21HR-6 adopted by the Florida Board of Land Surveyors, pursuant to Florida Statutes 472.027. KEITh AND SCHNARS, P.A. Engineers -Planners -Surveyors �4w� - By: A.M. Laaowick, PLS Florida Registration No. 4105 KEITHAIrO SCHNARS11MA' , Sty fi1NEERE-PLA1YNERG-EUFIVC!'1i'n. "A RT. LAUCE010,4Ll, PL. OttAR1eLO ■tACM� PL. C3083 763-2■43 92007 441-Gana SY34t5rT A. 6k:TrW OV DEeC'R1PTiON iTr Z ►Z;-� ■1gL0 ■O0K N/4 CKO. ■Y VL 5MM A�VI�ION� -�t-ems �e�► s t 0!1:1 lj�� T NOB HILL ROAD - EXHIBIT "B" 45 CP7' 1Q) mpw W 35.00' - .4• UN S s -QED CANAL _ �. W N� Z5 N SdIm-03612"W/1 A". F, t r�j' Sad moo' ZP�' E� J r:1 J yi rn gq.�-Z4'4r $'Ej 40).SU' r` L,- , a S CH'a Zd, d✓;" E 140.T0' } `504.00'40)"W7 200. q0t J LM V SECT ION 7, SOUTI-� I' PROa�Sm Wvv UNE 401.75 i SOI'Z4' 48 E, -roo, IGUNE S6C 7 M 'N es: Wig Q�MM EPC I AL ES1 VD °D,2.33 IP N • 0 z a 1s.vo' NCis Z4'4flW, S,5_0 ]• exwemr C SKETCH OF DE5CR►PT l0 N KEITH Atio SCHNAp8 P.A. oAT■ PIULo NOOK CKo. ■Y RN01NEEAS-PLANIYmRUft URVEYDAJI �� N.d.. A# N PT. LAuotwoALR, PL. movil ONE C3063 763- DENARIMLo •EACM, PL. r aE4a (300) 4n7-omme W EXHIBIT licit S�4GXT 1 OF Z LAND 66CTION 7. WUT1-H DESCRIPTION A portion of Tracts 25, 26, 27 and 28 of Florida Fruit Lands Company Subdivision No. 2, as recorded in Plat Book 1, Page 102, of the Public Records of Pals< Beach County, Florida, lying in Section 7, Township, .49 South, Range 41 East, Broward County, Florida, more particularly described as follows: Commencing at the Southeast corner of said Section 7, thence North 010 2411481w pest, along the East line of said Section 7, a distance of 53.00 feet to a point on a line 53 feet North of and parallel with the South line of said Section 7; thence South 89' 06' 50" West, along said parallel line, 15.00 feet to a point on a line 15 feet West of and parallel with said East line of Section 7, said line also being the West Right -of -Way line of Nob Hill Roads thence North 01" 24' 48" West, along the last described parallel line also being said West Right -of -Way line, 2571.18 feet to a point on a line 15 feet South of and parallel with ,the North line of the Southeast One -Quarter (SE 1/4) of said Section 7,- thence South 89. 19, 54" West, along the last described parallel line, 38.00 feet to a point on a line 53 feet West of and parallel with said East line of Section 7; thence South 01' 24, 48" East, along the last described parallel line, 686.12 feet; thence South 04' 00, 49" West, 200.90 feet to a point on a line 72 feet west of and parallel with said East line of Section 7; thence South Oil 24' 48" East, along the last described parallel line, 300.00 feet; thence South 43w , 35' 12" West, 49.50 feet; thence South 06' . 36' 28" East, 132.54 feet; thence South 46' 24' 48" East, 49.50 feet to a point on a line 60 feet West of and parallel with said East line of Section 7; thence South 01' 24' 48" East, along the last described parallel line, 300.00 feet; thence South 03' 25' 04" East, 200.12 feet to a point on a line 53 feet West of and parallel with said East line of Section 7; thence South 01' 24' 48" East, along the last described parallel line, 140.70 feet, - thence South 04' 00' 49" West, 200.90 feet to a point on a line 72 feet West of and parallel with said East line of Section 7; thence South 01. 24' 48" East, along the last described parallel line 300.00 feet; thence South 43' 51' 01" West, 49.73 feet to a point on a line 60 feet North of and parallel -with said South line of Section 7; thence South 01. 24' 48" East, 7.00 feet to a point on a line 53 feet North of and parallel with said South line of .Section 7; thence North 89. 06' 50" East, along the last described parallel line, 92.33 feet to the POINT OF BEGINNING. Containing 2.89 acres, more or less. NOTES: 1. Reproductions of this sketch are not valid unless sealed with an embossed surveyor's seal. 2. Lands shown hereon were not abstracted for Rights -of -Way, Easements, Ownership, or -other Instruments of Record. 3. Bearings shown hereon are relative to Stoner/Keith Resurvey of Township 49 South, Range 41 East, as recorded in Miscellaneous Map Book 3, Page 44 of the Public Records of Broward County, Florida. 4. The "LAND DESCRIPTION" hereon was prepared by the surveyor. 5. This sketch does not represent a field survey. CERTIFICATE: We hereby certify that the attached Sketch of Description of the hereon described property is true and correct to the best of our knowledge and belief as delineated under our direction in February, 1985. We further certify that this Sketch of Description meets the minimum technical standards not forth in rule 21HH-6 adopted by the k-Lorida Board of Lard Surveyors, pursuant to Florida Statutes 472.027. KEITH AND SCHNARS, P.A. Engineers -Planners -Surveyors By: A.M. Lazowick, PLS D(�1�FStTC Florida Registration No. 4105 1-1k'EM'34OF t F'1 l0N - KE:ITH.A140 SCMNARS, P.A. ENOLNESAO- PLAN NzFIi-8UAVEYOq= RT. LALJ0ffPj0^Lt, PL. CINEXP1EL0 ■ ACMPL. C2083 703-3as2 C3081 48100280 , CAT• 110I9l.0 t�l2R7K r I K©. BY L-1�1-dS N&, At�/'��11•bN� r, P. 50A8ET 2 CF 7- r. I # SHEET (of 2 SHEETS / 0 3 SEE SHEET 2 FOR DESCRIPTION t r., I 1 COMMERCIAL ,+ r. r,.s;sis BOULEVARD M� - *AT% er C ITY OF' TAMARAC ENGINEERING DEPARTMENT PLAN OF SEWER 6A5Em Ftvr Cart UAMM OT NOT TO SCALE EXHIBIT "D Sheet 1 of 2 DESCRIPTION: A parcel of land in Tract 25 of Section 7, Township 49 S, Range -41E of the Florida Fruitlands Company, Subdivision No. 2 as recorded in Plat Book 1, Page 102 of the Public records of Palm Beach County, Florida, being more particularly described as follows: The north 120' of the west 50' of the east 103' of the South East One Quarter of Section 70, Township 49 South, Range 41 East, Broward County, Florida. EXHIBIT "L" �w EXHIBIT "E" r