Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-308Temp. Reso. #9182 October 16, 2000 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- 3 Q 3' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH ADVANCE BUSINESS ASSOCIATES, L.L.P. FOR THE CITY FURNITURE PROJECT, LOCATED ON THE WEST SIDE OF HIATUS ROAD JUST SOUTH OF McNAB ROAD, TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES SUCH AS UTILITY, CANAL, FIRE AND POLICE PROTECTION, EMERGENCY AND OTHER PUBLIC SAFETY SERVICES; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID DOCUMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Advance Business Associates, L.L.P., is the Developer of the City Furniture Project located on the west side of Hiatus Road just south of McNab Road (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, a Blanket Public Safety Ingress/Egress Easement is required by City Code Section 24-580 (1)(3)(a), to provide proper access to private property for municipal services; and 1 Temp. Reso. #9182 October 16, 2000 2 WHEREAS, Advance Business Associates, L.L.P., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the City Furniture Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Advance Business Associates, L.L.P., be approved and executed for the City Furniture Project; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept and execute a Blanket Public Safety Ingress/Egress Easement with Advance Business Associates, L.L.P., for the City Furniture 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 Blanket Public Safety Ingress/Egress Easement (a copy of which is attached hereto as "Exhibit 2") with Advance Business Associates, L.L.P., for the City Furniture Project, located on the west side of Hiatus Road just south of McNab Road. 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 1 Temp. Reso. #9182 October 16, 2000 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 a - day of 2000. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have BDDroved this RESOLUTION as to.form RG/krs/dml ITCHELL S. N CITY ATTOR 61 JOE SCHREIBER MAYOR RECORD OF COMM"ION VOTE MAYOR SCHREIBER DIST 1: COMM. PARTNER Q ITT a" COMM. MISHKIN DIRT S: COW. SMTANOR,04� DIIST 4: VIM ROOERTS ,ak EXHIBIT 1 TEMP. RES4. # 9182 Q LN, WHITMA LN, 1% P71 PL G� TR11 G cn LLI fy-LN. BAILEY Jp 1 jj / rye /// WEST ' OUD '//�/�j/� CL w PERIW NKEL LN, r A. v� 71 V) Q CAPTIVA j jj/�( Sr o SEA H BISCUS LN, 3 PALM RIDGE LN. 7b, 76,co Z Q JEWEL BOX LN, ANGEL WING DR, �p 70 ST W SUNBELT MEDIA❑NE w PRECISI❑N y ARCH ALUMINUM Q CULLI6AN W WATER COMPANY J J iL PCI Z v W PUBLIC SITE LOCATION SERVICES COMPLEX Q LAND SEC. Q V) 7 a w iy- PROPOSED z < W STATE STREET WESTP❑INT A w N � 4 d w Q CL p a U x z CITYWFURN_EX,DWG CITY FURNITURE BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT 1 ' "Exhibit 2" TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: _ city Furniture _ (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of Twfe— .1,9Ov_, by Advance Business Associates L410 having an address of 251 International Parkway,.Sunrise, Florida 33325 (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 881h Avenue, Tamarac, Florida 33321 (the Grantee"). WITNESSETH WHEREAS, Grantor is the fee simple owner of the real property described on Exhibit "A", attached hereto (the "Property"); and WHEREAS, Grantor desires to create a non-exclusive easement in favor of Grantee for ingress and egress over the property, as indicated on Exhibit "A", upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) paid to Grantor, the receipt and adequacy of which is hereby acknowledged, and for other good and valuable considerations, Grantor does hereby create, establish and grant this Blanket Ingress and Egress Easement to Grantee for the specific purpose of access by Grantee, for Grantee to provide municipal services to the above -described property such as services to existing utilities, maintenance to. existing canals, fire protection, police protection, emergency and other public safety services, 981208 1 Blanket Public Safety IngresslEgress Easement It is acknowledged that Grantor, or its successors, intends to construct 659,659 SF Retail Buildia& and other improvements upon the above -described property, and nothing contained herein shall be deemed to prohibit or restrict Grantor or its successors from constructing any buildings or improvements upon the property, subject to the requirements of Grantee or any other controlling governmental authority, and upon the construction of any building and improvements upon such property, the easement created hereby shall be subject to such improvements as are constructed and shall be used by Grantee in a manner which is consistent with the buildings and improvements constructed upon the property and which, to the extent possible, will minimize interference with and will be compatible with the construction and use of said buildings and improvements. The provisions of this easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. This easement shall not be released or altered without consent of the Grantee. 981208 2 Blanket Public Safety Ingress/Egress Easement IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. i , t (GRAN O) A a e Business Associates U f (Partnership) By: Type Name Kevin Koen General. Partner STATE OF FLORIDA SS COUNTY OF W I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the C urity afo es id rake acknowledgments, personally appeared f me known to Pa�' the person(s) described in and who executed th foregoing instrument and _ �^ �-! acknowledged before me a that �� executed the same. WITNESS my hand and official seal this --Iz_ day of v A-, Pea-- ARNOLD A. BROWN a. a Cornm. No, CC 571834 M Comm In Y . Exp. Oct, 27, 2000 Banded thru Pichard Ins. Agcy. r ()o Personally known to me, or ( ) Produced Identification N TARY P IC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( } DID take an oath, or O DID NOT take an oath. 981208 3 blanket Public Safety IngresVEgness Easement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion Swenson, C7MC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jo reiber Ma Date: Je y L. r City Manager Date: / ), 611 a Kraft, : SS [City Attorney V COUNTY OF &WWI* : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County foresaid to take acknowledgments, personally appeared ZY-or S tbd�.+ TeFF L. M;I* me known to be the person(s) described in and who executed the foregoing instrument and T acknowledged before me and under oath that l� executed the same. WITNESS my hand and official seal this SSA day of _pec-ernOerR, , 2000. Personally known to me, or ) Produced identification NOT�Y PUBLIC, State of Florida at Lar e JUNE A WHITE ARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC775720 (NaMe bf Notary PubliU: Print, tamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( AMID NOT take an oath 981208 4 Blanket Public Safety Ingress/Egress Easement r AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE do hereby affirm that I am ttio G 4bq-1 of and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for t' project and that I am the owner of the properly covered by said Blanket Public Safety Ingress/Egress Easement. There are no mortgages held on the property, which is the subject of said Blanket Public Safety Ingress/Egress Easement, FURTER F ?,��V� i� (Sigi This _(r day of STATE OF FLORIDA SS COUNTY OF-Aro-W MM41001►lr111111 ature) HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of repaid a d in the County aforesaid to take acknowledgments, personally appeared �r-t,,. /7 flA t to me known to be the person(s) described in and who execJid the foregoing instrument and ��acknowledged before me and under oath that �Y executed the same. WITNESS my hand and official seal this 4 day of �w•rc.�- b� a' ARNOLD A. BROWN Comm. No. CC 571834 ' My Comm. Exp. Oct. 27, 2000 Sonded thru Pichard Ins. Agcy. / " Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced (y ) DID take an oath, or ( } DID NOT take an oath. 981208 5 Blanket Public Safety Ingress/Egress Easement CITY t*Z1XAlfTUJe-E - _ N R LINE PER O.R.8.12198,PG.390 rNu --- p= 0 1 N 05 33 W N 00' 13'25"' W_ w A=271.84' . "'- RA 4g715, '__ 298.05 R-11309.16 = 0#' 11'56" A-828.79 249.68 -7501.1 - 1 __--____----- I = OZ•04' 35" N D5 33a436 i5.00 _--- ______ __ S oa24��+_' E_�— 99+. ---- ___ } � _ -- - , Lri i ' 15.00' i I fVV N N ' oc cyl .Ip U`i m 1 1 - 1 11 I� �' 11 N I m 1 S 00'24'54" E j (.0 sm ' uo I' ; ' r n I m l as : I I ` 1 _ I I c CD V , y �' c ; y I m N I O O m Ila mx '00 I rn 1 1 OIL 1 O 15.00' 15.00' PAST LINE PARCEL. A I � S 00'44'46" E 1 Q'� I .S.159,PG.11 _ _ 463.01 ' ___ T. .W.1 4 E. LINE N � . x �v I , ��,•j�� $�-i j� SECTION 7-49-41 n . I ti� r .ate ; ; [n Ro 0 - m t• I 1 a L1 j-15.00 F * . (��, I i �* rn � ps I tiff, i iA o w�.. � tJ I'902. NORTH ' o ` SCALE 1 " - 300' � • ( .I TRACT S.PG c02 PBCR) K:\014941\CG-WLEG3 SHEET 1 OF 2 SHEETS SCHWEBKE—SHISKIN & ASSOCIATES,INC. LAND PLANNERS • ,CNCINECRS • ARCEITBCTS • LAND SURVIYORS • 3240 CORPORATE FAY • MIRAMAR, FLORIDA 33025 ORDER NO. 190WO PREPARED UNDER BY SUPw _..BB1 pN�.- __LBjfQ7 DATE: 04-18-00 SECRETARY -TREASURER THIS IS NOT A 7AND SURVEY" AiFONSO C. TELLO, P.L.S. #2978 (STATE OF FLDR1DA) Legal. Description of Overall City Ft1r aiture Site: POR77OA6 OF TRACTS 5, 14 15 AND ROAD RESERVA77ONS IN THE NORTH 112 OF SECTION 7, TOWAMP 49 SOUTH, RANGE" 41 E45T, HORIDA FRUIT (ANUS COMPANY'S SUMMSION Na 2, ACCORDING M THE PLAT ]HEREOF; AS. RECORDED IN PLAT BOOK 1, AT PAGE 102, OF THE PUBLIC RECORDS OF PALM 9 CFI COUj1f7Y fLDRlO4; PARCEL A; " GOULD SOUTH; ACCORDING TO TH£ PLAT THEREOF, AS RECORDED IN PLAT B00K 159, AT PAGE" 11, PEL "C; 5 N PLAT`, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK ARC154, AT PAGE 38, BOTH OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND PD/�T/p/yS OF THE RIGHT -OF WA FOR N.W 10677! AVENUE (HIATUS R"' AS SHOWN ON SAID ' COULD SOUTH" AND 'S & N PLAO Sq/D LANDS LYING AND BEING ,N THE CITY OF TAMARAC, BROWARD COUNTY, fLOR/M AND BEING MORE PARACULARLY DESCR/BED AS FOLLOWS BEGIN AT THE SDUlHEAST CORNER OF THENOR7}IWfST 114 OF -%D S£C77ON 7,,• )HENCE RUN 589"19'54 X ALONG THE SOUTH LINE OF THE NORTHWEST 114 OF SAID SEC77ON 7, FOR 1519.67 HEET, TO A PO/NT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE S4KRASS EXPRESSWAY, AS RECORDED /N OFFIC,WIL RECORDS BOOK 12196, AT PAGE 380, OF THE PUBLIC RECORDS OF MOWARD C011KY, FZORIDA (SAID POINT BEING ON A CURVE AND BEARS S 80-13J6ly, FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE TFIENCE NORTHWESILY, RIGHT, hGAV/NG A RADIUS OF 7501.15 fEET AND A CENTRAL ANGLE OF 02'04'35; FOR AN ARC DISTAL OF 2.84 ALONG A CRCUM CURVE TO THE: FEET, TO A POINT OF COMPOUND CURVATURE,• ]HENCE CpN77NUE" NORTHWESTERLY, ALONG A CIRCULAR CURVE TO THE I R1GFlT, HAVING A RADIUS OF 11307.16 FEET AND A CENTRAL ANGLE OF 014531, .FOR AN ARC D/STANCE OF 348.15 FEET, TO A POINT ON SAID CURVE; )HENCE ND5 i3'4311; FOR 298 D5 fEE7 TO A POINT ON A CURVE, SAID l'0/NT BEARS S85"34'39'W, FROM lHE RADIUS PAINT OF THE NEXT DESCRIBED CURVE (LAST MENTIONED THREE COURSES BEING CO/NCJLIENT /N PART WITH THE WESTERLY BOUNDARY LINES OF THE AFOREMEN 0 ED PARCEL A; COULD SOUTH; THENCE NORTHWESTERLY AND NORTHERLY, ALONG A MCULAR CURVE TO THE RIGHT, HAVING A T�grJ/U5 OF 11309.16 FEET• AND A CENTRAL ANGLE OF 04,11:56: FOR AN ARC DLSTANCE OF 828.79 FEET; A A POINT OF TANGENCY, THENCE N00'13'25'lf; FOR 249.68 FEE] (LAST MENTONED F7V£ COURSES tTEiNG COINCIDENT WITH THE EAS7MY RIGHT-OF-WAY LINE OF THE AFORESAID .SAWG94Z LYPRESSWAY),• THENCE N8AC CON; ALONG THE NORTH BOUNDARY LINE OF Sq/D 1T?ACT 15, FOR 57208 FEET, ]HENCE 5DD'2454'; ALONG THE EgST£l7LY BOUNDARY L/NE OF SAID TRACT 15, FOR 331.41 FEE]; THENCE N89'28'12'; ALONG 711E NORTHERLY BOUNDARY LINE OF SAID RARCEZ A; 'GOULD SOUTH; FOR 1016.64 FEET; THENCE 500-44461, ALONG THE EASTERLY BOUNDARY OF SAID PARCEL "COULD SOUTH, FOR 463.01 FEET, TO A POINT OF CURVATURE; 1}lENCE SOUTHERLI' ANp SdUTHEASTEIS'LY, ALONG A CIRCULAR CURVE 1l7 THE LEFT; fLgVING A RADIUS OF 1�8.00 M7 AND A CENTRAL ANGLE OF 4139'30; FOR AN ARC DISTANCE OF 732.89 FEEL, TO A POINT OF TANGENCY THENCE S42Z4'13"E; FOR 618.31 FEET, TO A POINT OF CURVATURE; 7NENCE SOUTHEASTERLY, ALONG A CIRCULAR CUR A CENTRAL ANGLE OF 04VE TO THE RIGHT; HAVING A RADIUS OF 902 00 FEET AND 58'06", FOR AN ARC DISTANCE OF 78.22 FEET, TO A POINT ON S4/D CURVE (LAST MENTIONED THREE COURSES BMG COINCIDENT WO THE WESTERLY RIGHT OF -WAY LINE OF H147US RAID); THENCE S89'19'541i; ALONG THE SOUTH LINE OF 711E NORTHEAST 114 OF SAID S£C77ON 7, FOR 86226 FEET, TO THE POINT I OF BEGINNING Subject to vacation of the portions thereof that are currently publicly dedicated roads Exhibit "A" Sheet 2 of 2 Sheets [0of�IftkNteTat &wa-M TO: City of Tamarac, a political subdivision of the State of Florida With the understanding that this opinion of title is furnished to CITY OF TAMARAC, FLORIDA, and as an inducement for acceptance of a Public Utility Easement, Water and Sewer Utility Easement, Blanket Public Safety Ingress/Egress Easement and Utility Easement Encroachment and Hold Harmless Agreement pertaining to all or portions of the real property hereinafter described, it is hereby certified that we have examined Commonwealth Land Title Insurance Company Commitment No. FM786009 bearing an effective date of December 14, 1999 at 6:00 A.M. and Attorneys Title Insurance Fund computer printouts of title through September 12, 2000 at 11:00 P.M. of the following described real property: See Exhibit "A" attached hereto and made a part hereof. Basing our opinion solely on said title insurance commitment and computer printouts covering said period, we are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in Advance Business Associates LLP Subject to the following encumbrances, liens and other exceptions: 1. All taxes for the year in which this opinion is rendered and prior years. 2. Rights of persons other than the above owners who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics' or materialmens' liens. 5. zoning and other restrictions imposed by governmental authority. "]aL"i.'J=*X 6_fi�►f See Title Schedule -Tamarac attached hereto and made a part hereof. Therefore it is our opinion that the following party is the proper party to sign the above described documents pertaining to the above described real property. Advance Business Associates LLP Owner SPECIAL EXCEPTION NUMBER Not Applicable No mortgages encumber the Exhibit "A" property. Further, each of Keith Koenig and Kevin Koenig is a partner of Advance Business Associates LLP, and either of them, acting alone, may bind the partnership. We certify that the legal description contained in this Opinion 276906.03 of Title coincides with, and is the same as, the legal description in the proffered documents, or that the lands described in the proffered documents are wholly included within the lands described by the legal description attached to this Opinion of Title. I, the undersigned, further certify that I am an attorney -at --law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. 276906.03 Respectful submitted this 7 W day of , 2000. BILZIN SUMBERG DUNN PRICE & AXELROD LP 2500 First Union Financial Center Miami, Florida 33131-2336 Phone: A (305) 374-7580 2 APold A."8'�wn, Esq. Legal Description of Overall City Furniture Site: PORTIONS OF TRACTS 5, 14, 15 AND RW RESERVATIONS IN THE NOR7H 112 OF SECTION 7, TOWN , 49 S0L/TH, RANGE 41 EAST; FLDRIDA FRUIT LANDS COMPANY"5 SUBDMSIDN N0. 2; ACCORDING TO THE PLAT THER£()F, AS RECORDED IN PLAT BOOK 1, AT PACE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,- PARCEL ',4' GOULD SOUTH; ACCORDING TO J-HE PLAT THEREOF, AS RECORDED IN pL,gT BOOR 159, AT PAGE 11; PARCEL C" S & N PLAT; ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 154, AT PAGE 38, BOTH OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORlL7A AND PORTIONS OF THE RIGHT - OF WAY FOR N.W. 106TH AI�ENUE (HG4TUS ROAD, AS SHOWN ON �4/D ' GDULD SOUTH' AND "S & N pLAT)q/p' LANDS LYING AND BEING IN THE C11Y OF TAAl4/i;4C, BROWARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF THE NORTHWEST 114 OF S 1 SECTION 7 TiIENCE RUN 58979'S414; ALONG THE SOUTH LINE OF THE NOR711WEST 114 OF •%D SEC77ON 7, FOR 1519.67 FEET, TO A PAINT ON THE fAST£RLY RIGHT-OF-WAY LINE Of 77IE SgWGLZgSS EXPRESSWAY, AS RECORDED IN OF FIC64L RECORDS BOOK 12HE AT PAGE 380, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (S11D POINT BEING ON A CURIE- AND BEARS S BO'13361y, FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURIE), THENCE NORTHWESTERLY, ALONG A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 7501.15 FEET AND A CENTRAL ANGLE FEEOF 02'04 35 ; FOR AN ARC DISTANCE OF 271.84 T, TO A POINT OF COMPOUND CURVAATURE,• THENCE CONTINUE NORTHWESTERLY, ALONG A CIRCULAR CURD£ TO THE I RIGHT, HAVING A RADIUS OF 1130716 fEET AND A CENTRAL ANGLE OF 0145'S1 ", FOR AN ARC DISTANCE OF 348.15 FEET TO A POINT ON SAlO CURIE, TH£NCL" N05'33'431W FOR 298 05 FEET, TO A POINT ON A CURVE SAND POIN]" BEARS S85'34',i91Y,, FROM THE RAD/US POINT OF THE NEXT DESCRIBED CURD£ (LAST MENTIONED THREE COURSES BFING COINCIDENT IN PART WITH THE WESTERLY BOUNLI4RY LINES OF T/IE AFOREMENTIONFD PARCEL Gr)ULD SOUTH )• THENCE NORTHWESTERLY AND NORTHERLY, ALONG A CIRCULAR CURD TO THE RIGHT, HAVING A RADIUS OF 11309.16 FEET AND A CENTRAL ANGLE OF 04'1156: FOR AN ARC DISTANCE OF 828.79 FEET, TO A PAINT OF TANGENCY THENCE N00'13251W FOR 249.68 FEE/- (LAST M£NTIOA+ED FIVE COURSES BEING COINCIDENT WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID S4WGRASS EXPRESSWAY), THENCE N892953E; ALONG Tt/E NORTH BOUNDARY LINE OF SAID TRACT T; FOR 572.08 FEET- THENCE S00'24'54 £ ALONG THE EASTERLY BOUNDARY LINE OF SAND TRACT 15,y FOR 331.41 FEET, THENCE N89'28'12 E; ALONG T/l£ NORTHERLY BOUNDARY LINE OF SAID P,4RCEL A ; 'GDULD SOUTH, FOR 1016.64 FEET; THENCE SOO'44'46 £ ALONG TH£ EASTERLY BOUNDARY OF SAID PARCEL CE "GDULD SOU1H ; FOR 463.01 FEET; TO A PAINT OF CURVATURE,• 171ENC£ SpUTHERL 1' AND SpUTHEASTERI Y, ALONG A CIRCULAR CURIE TO THE LEFT, HA14NG A RADIUS OF 1008.00 FEET AND A CENTRAL ANGLE OF 4l j9'30 , FOR AN ARC DISTANCE OF 732.89 FEET, TO A POINT OF TANGENCY, • THENCE S42'24113E; FOR 61631 FEET, TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY, ALONG A CIRCULAR CURVE TO THE RIGH7; HA6%NG A RADIUS OF 902.00 FEET AND A CENTRAL ANGLE OF 04 58 06" FOR AN ARC DISTANCE OF 78.22 FEET; TO A POINT ON Sq/D CUR►F (LAST MENTIONED THREE COURSES BEING COINCIDENT WITH THE WESTERLY RIGHT -OF --WAY LINE OF HLdTUS ROAD),• 7HENCE "OF BEGINNING. ALONG THE SOUTH LINE OF THE NORTHEAST 114 OF SAID SECTION 7, FOR 662.26 FEET, TO THE POINT I OF BEG/NN/NG- Exhibit "A," TITLE SCHEDULE -Tamarac 1. Restrictions, dedications, easements, and non --vehicular access lines as set forth on the plat of Gould South, recorded in Plat Book 159, Page 11, of the Public Records of Broward County, Florida (as to the Hoyt parcel). 2. Canal reservations in favor of the Trustees of the Internal Improvement Fund, recorded in Deed Book 46, Page 240, of the Public Records of Miami -Dade County, Florida, as partially released by Quit Claim Deed recorded in Official Records Book 8865, Page 347, and in Official Records Book 6781, Page 801, both of the Public Records of Broward County, Florida (as to all of the Caplan and Lwin parcels, as well as the South 15 feet of, and the East 15 feet lying south of Hiatus Road of, the Hoyt parcel). 3. Drainage and canal reservations in favor of the Trustees of the Internal Improvement Fund recorded in Deed Book 32, Page 404, as partially released by Quit Claim Deed recorded in Official Records Book 8865, Page 345, both of the Public Records of Broward County, Florida (as to that part of the Hoyt Parcel lying within Tract 12, limited to the South 15 feet and the East 15 feet lying southerly of Hiatus Road). 4. Drainage and canal reservations in favor of the Trustees of the Internal Improvement Fund recorded in Deed Book 64, Page 233, as partially released in Official Records Book 8865, Page 343, both of the Public Records of Broward County, Florida (as to that part of the Hoyt parcel lying within Tract 11, limited to the east 15 feet). 5. Easement for roadway, ingress, egress and drainage recorded in Official Records Book 3881, Page 447, of the Public Records of Broward County, Florida (as to the Hoyt parcel). 6. Covenants, conditions and restrictions, which include a lien in favor of Broward County that takes priority over mortgages, as set forth in Road Impact Agreements recorded in Official Records Book 22734, Page 88 of the Public Records of Broward County, Florida (as to the Hoyt parcel). 7. Public Utility Easements in favor of the City of Tamarac, recorded in Official Records 29687, Page 1353 (as to the Caplan parcel), in Official Records Book 26759, Page 917, and in Official Records Book 30267, Page 709, re -recorded as part of Official Records Book 30562, Page 676, and Official Records Book 30571, Page 862 (as to the Lwin parcel), as contained in Resolution attached to Quit Claim Deed recorded in Official Records Book 29988, Page 1780 (as to the Caplan parcel), and as contained in Deed recorded in Official Records Book 30562, Page 676, re -recorded in Official Records Book 30571, Page 862 (as to a portion of the Lwin parcel), all of the Public Records of Broward County, Florida. c:\DM s\79000\60007\0267110-01 1 1 /9/1999 f , , 8. Ordinance #86-75 recorded in Official Records Book 14030, Page 499, of the Public Records of Broward County, Florida (as to all parcels). 9. Restrictions (regarding use) shown on the Plat of "S. & N. Plat", according to the plat thereof recorded in Plat Book 154, Page 38, of the Public Records of Broward County, Florida (as to a portion of the Caplan parcel). 10. Reservations in favor of the State of Florida, Department of Transportation, in phosphates, minerals, metals and petroleum, and the right to drill, mine or develop same, as set forth in Deed recorded in Official Records Book 29963, Page 632, of the Public Records of Broward County, Florida, in respect of which any Florida Form 9 coverage shall be inapplicable. Also, restriction on transmission or receiving devices as set forth in said Deed. Affects DOT parcel only. 11. The effects of North Section 7 Special Assessment and storm water drainage assessments, which are not delinquent. 12. Covenants, conditions, restrictions and easements set forth in unrecorded Conservation Easement. 13. Covenants, conditions and restrictions set forth in Water and Sewer Developer's Agreement with City of Tamarac recorded in Official Records Book 30726, Page 578, of the Public Records of Broward County, Florida. 14. Covenants, conditions, restrictions and easements set forth in unrecorded Public Utility Easement, Water and Sewer Utility Easement, Blanket Public Safety Ingress/Egress Easement and Utility Easement Encroachment and Hold Harmless Agreement in favor of the City of Tamarac. G:\DM S\79000\60007\0267110-01 11 /9/1999