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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-310Temp. Reso. #9184 October 16, 2000 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- � % Q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PUBLIC UTILITY 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; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID DOCUMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the development 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 as "Exhibit 1") will require the installation of various public utilities; and WHEREAS, the public utility easement is required by City Code Section 10-207 which states that recorded easements shall be provided for the installation of all underground utilities facilities; and WHEREAS, Advance Business Associates, L.L.P., as owners of the City Furniture Project have offered the "Public Utility Easement" (a copy of which is attached hereto as "Exhibit 2") for utilities; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed; and 1 Temp. Reso. #9184 October 16, 2000 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 authorize the appropriate City Officials to accept and execute a "Public Utility 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 as required for the installation and operation of various public utilities and infrastructures. 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 "Public Utility 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 allow legal access by public utility personnel in performing their duties, including utility installation, maintenance and operation. 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. f1 1 Temp. Reso. #9184 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. xi PASSED, ADOPTED AND APPROVED this o�a rday of 2000. ATTEST: MARION SWENSON, CMG CITY CLERK I HEREBY CERTIFY that I ha apv d this R LUTION to arm. MITCHELL AF' CITY ATT NEY RG/krs/dml A JOE SCHREIBER MAYOR RECORD OIL CCMMISSXM V yl MAYOR SCHREIBER,.„ DIST f: COMM. PORTNER DIST k. Cow MISHKIN DIST 9; COMM. SULTANOp O DIST 4: VIM R09ERTS ALUill EXHIBIT 1 TEMP. RESO. # 9184 LN. WHITMA LN. P� 71 PL 3 TR11 BAILEYLd LN. cL�/WESTW�❑D /;i; a P ��. w PERIW NKEL LN. 71 Sl CAPTIVA jj%/Gt 71 EA HIBISCUS LN. 3 PALM IDGL LN. d 7 / �b -74 a: ¢ JEWEL BOX LN. CD of g d of m © ANGEL WING DR. S © 70 ST m a MCNAB ROAD TEE N PLAT J & J PLAT TAMARAC MARKET z PLACE / / / TAMARAC 1299 LAND TRUST PLAT L❑VESHAW I,T.W. MIMA /! 67 ST w SUNBELT PRECISI❑N MEDIA❑NE W W ARCH ALUMINUM q CULLIGAN W WATER COMPANY _.l W y w� W' W MM 1 q Q y Z .Q PUBLIC SITE LOCATION SERVICES COMPLEX d LAND SEC. d J � � 7 IL � r � X W STATE STREET w WESTPOINT � � oc 3 a Q U z CITY_FURN_EX.DWG CITY FURNITURE PUBLIC UTILITY EASEMENT "Exhibit 2" TA.MARAC PUBLIC UTILITY EASEMENT FOR: City Furniture NAME OF PROJECT This PUBLIC UTILITY EASEMENT made this 6 day of June 2000, by Advance Business Associates LLP having an address of 251 International Parkway, Sunrise, Florida 33325, (hereinafter "Grantor"), and the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 88"' Avenue, Tamarac, Florida 33321, (hereinafter "Grantee"). (Whenever used herein, the term "Grantor" and "Grantee" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Broward County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred to as "Servient Estate"), and WI-TEKEAS, Grantor desires to grant unto Grantee a non-exclusive easement to use a portion of the servient estate. NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10,00) and other good and valuable considerations paid by each of the parties hereto to the other party, receipt of which is hereby acknowledged by both parties, the parties hereto do hereby grant and agree as follows: 1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive easementoverand upon the Servient estate for the installation and maintenance of public utilities, all of which shall be installed underground to the maximum extent practical. 2. Grantor reserves all rights not herein granted pursuant to this easement, including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further easements under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved impede the easement herein granted or the exercise of the rights of use thereunder. 3. 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. 4. This easement shall not be released or altered without consent of the Grantee. 980605 2 Public UOIlly Eazemenf IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. 2. to t�►es5 -- 6 GRAN O dv rice Business Associates .Jigw . ADN A. BR (Partnership) By: 5 I y 61; Type Name Kevin enig �------ General Partner STATE OF FLORIDA SS COUNTY OF G!� I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid r take acknowledgments, personally appeared 4v'N kotp4 a , o o"C'. j V b me, known t be the person(s) described in and who executed the foregoing instrument and known before me -"-I that l� executed the same. WITNESS my hand and official seal this 1-00 _L - _ day of - .R-�- _.. ARNOLD A. BROWN Comm, No. CC 571834 My Comm. Ex Bonded P. Oct. 27, 2000 d thru Pichnrd Ins. Agcy. ( �) Personally known to me, or ( ) Produced Identification 1,. NOTARY PURL , 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 (-/.,) DID NOT take an oath. 980605 3 Public Wily Easement ATTEST: By: qu�u Marion Swenson, CIVIC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe 9plireiber Mayor Date: /Z 7-0 0 a By: �. /nT W41-, Jeffrey . i r City Manager Date: Z A rovedIto y: Mitchell VKraft, COUNTY OF SS City, Attorney A �2 : I HEREBY C RTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared 4- to me known to be the person(s) described in and who executed the foregoing instrument and _ 7_ acknowledged before me and under oath that �— executed the same. WITNESS my hand and official seal this 20 0o . (personally known to me, or ( ) Produced identification S';a day of r )t-kz�- NOTARY rBLIC, State of Florida at Large F ICIAL NOTARY SEAL ,NNE A'WHrrE NOTARY PUBLIC STATE OF FLORWA COMMISSION NO. CC775M Hy COMMMON EXP. SEPT 15.2002 (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or' DID NOT take an oath 980605 4 Public Utility Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, M-61% 160,M'1 do hereby affirm that I am eat vvv1 of Ad anAe- �i r I-P and that l have executed'a Public Utility Easement with the City of Tamarac for tAti project and that I am the owner of the pro rty covered by said Public Utility Easement. There are no mortgages held on the property, which is the subject of said Public Utility Easement. FUR SAYETH NOT. Kevrwffe4hiA (Signatu This G day of STATE OF FLORIDA SS COUNTY OF 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 Kci rn (C4 to me known to be the person(s) described in and who exe uted the foregoing instrument and _acknowledged before me aFW uRdeF eath that executed the same. WITNESS my hand and official seal this & day of�^.. Ra ": ARNOLD A. BROWN Comm. No. CC 571834 My Comm. Exp, Oct. 27, 2000 Bonded thru pichard Ins. Agcy, ( �) Personally known to me, or ( ) Produced Identification N AR LIC, 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 ( ) DID NOT take an oath. 980605 5 Public Utility basement =Aj-%\N3\ CITY FURN177uRiff — R/W LINE PER O.R,8.12196,PG.380 p= 01'45'S1 N 05 33-43" W N N 00'13' 5'-W_--- 4 i5.00' 1 O 1 1 t I I 1 I I I I � I I I I I I I I I 1 m� 1 p,�i1.134 N A= 48.1 2g8.05 •� R=11309.16 011 56 A=828.79 249,68 07p4�35" a 0533'43 w w! -- ----_ __ 5 W24'54" E � ,j 294.76'_ �_— __— cs, /� r= - -1 15.00' _ .... ` `�' I I N I C n o I �R-I II _ ____________ _..____....__' � /�. ' __ .. ___ 11 �i....___ .ram___ 1 �.,___..___________ � I 331.41 I S 00'24'54" E 1 1 c" 1 I I I O i O i V ' C i .► ' 1 m N C C ; as hi rn J' i -45.00' EAST LINE PARCEL A I S 00'44'4§" E 1 ��.8.159.PG.11 ___-_ 463.01 _--_ IJ Lo -)Tr wl74 t �.,1- � m Env ` ��$ 1 E LINE N.W.1/4, Mil*) sEctloN 7-49--41 Mr11 �Z� m� V �/ I I Cn � ■ � .. ,� NORTH a' ,�- SCALE 1 " = 300' TRACT 5 SEC. 7-4"1 0 � Z ■ m K:\074941\CG•-WLEG3 SHEET 1 OF 2 SHEETS SCHWEBKE•--SHISKIN & ASSOCIATES,INC. LAND PLOVERS • BXCMIRS • ARCMMCTS • LAND SUR"YORS • MO CORPORATE 0'AY • MLRAUAA PLUM 33025 ORDER NO. 1SM60 PREPARED UNDER BY N-.---,,—LBY87 DATE, 08-16-00 SSCRETARY•—TREASURER --- TB]S ®NO'r A "LAND SURVRY" ALFONSO C. TZ LO. P.L& #978 (S WX OF FWRiDA) T {� Legal Description of Overall City Furniture Site: PORROA6 OF TRAM 5, 14, 15 AND R4 o RESfM7X1AtS W TIE AaM 112 OF SECTX)N 7 TOWALSH/P 49 SOUTH RANGF 41 LAST, 7ZOR/LEI FRUIT LAMAS' CQWANYS' SUBDISN A(a 2, ACCaww i0 7HE PLAT INUEOF AS. RECORDED W PLAT " 1, AT PACE' 102, OF TH£ PUBL/C RECORDS OF PALM / Cp(/jV1Y p PARCSL ",4; " GOULD SOUTH", ACC[7RDIAAG Td THE PLAT THTREIr, AS RECORDED W PIAT �C1K 159 AT PAGE 11; PARCEL "C; 'S sk N PLAT , ACCOMM TO THE PLAT THE7pEoF, AS RECORDED W PLAT mw 154, AT PME JA 8071y OF THE PU&V RECORL6 OF BROWARD COUNTY, ILDR04 AND PORfloAs OF 7nr ROff Of WAY FOR N.li! 1d6Tly AIA`NUE NNWA?QAD, AS Sf/OWN ON SAND " GOULD SOMW AND G & N PLAT , SA1D LANDS LYING AND RW W TIE" CITY TAalARAC, BROW ARD COUNTY, FLORIM AND BEWG LMRE PARITCULARLY LIESI R.RIBELI AS FOLLOIE- OF BEGIN AT THE SOIJ77E45T CORNER OF TIE NO MKST 114 OF S41D SECTT(W 7,,• THENCE RUN S89'19'541V, ALONG EA D TIE SOUTH THE 1/4 0yF -WSVT1(W 7 FOR 1519 87 FEEL, Tn A POINT ON HE STERLY RIGHT--dF-WALINEY LINOFE df IHEAA�PTHWEST SOW iqYSECAS RECORDED W W RE TBOOK 12196, AT PAGE 390PONT , OF THE PULILAC RECORDS OF Lei DWARD COUMY, FZdR/LZ4 SUD FRONT 1IE RADIUS POINT OF THE NLXl" DESCRIBED CURVE (717VCE b�1IVG A CL/RIAr AND BEARS S a�1,�',�y, RIGHT, HAVING A RA FEETO A POINT OF COUPDILLS OF 7501.15 FEET AND A )�ESTr, ALONG A MUMMUMCURD TO THE CENTRAL ANGLE OF 02'04 Z: FOR AN ARC DISTANCE OF 271.84 T, OLWD CURVATURE,• Ma CO VUE RIGHT HAWN A RAO/US OF 11.T0CIRCULAR CM To 716 M7 AND A CENTRAL ANGLE OF 0��Y OROR ANAIOW AARC LX51AAhCE 348 FEET; TO "A POINT ON SAAD CURVE TT9ENCE A�Gl5:i4311; FORS FEFI; TO A PIOI/VT ON A CURIA: SA/O p- BEARS sB5'34'J9/t; FROM THE R41YI S POINT OF 7NE NEXT DESCREV CURVE BETNIC, CGYIVCIL�iVT' W PART WN THE WESTERLY 610 M ARY LINES' OF 1I£ Affi? I ED �� � COURSES S O UTH7; THENCE AVRTHWESTETTLY AND ALI MERLY,, ALONG A CIRCULAR CURVE TO AND A T 11HE A'AGHT HMO A 2qp/LDS OF .ip916 FEET CENTRAL ANGLE OF 04'1156; FOR AN ARC 9h7AAACE' OF 82879 FEET; ]b A POW OF TANGEAACY; THENCE AbO'13'251V, FOR 249.88 FEET (WUENTIONED FTVF COURSES BEWG CO/NCIDENT WITH THE EAMMY RWHT -OF-WAY L/NE OF 7W AFORE&W S4#G%65 EXPRESSII VA 7,9aCF N8,9729'SJI& ALONG THE NORTH BOUNDARY LINE OF Sm TRACT 15, FOR 572.08 FEET, )HENCE 500'2454'E; SAND TRACT 15, FOR -U" 41 FEET; THENCE M9-28'127, ALONG THE AA7R7FI£RL LING � EASTERLY BOUAICiARY LINE OF COULD SOUTH", FOR 1016.54 FEk? THENCE SW,qLp EASlF7E"LY �UNDARY L/NE OF SAID PAR la GOULD SOUTH; FOR 463.01 FEET, TO A POINT Of CURVATURE, THENCE SOUTHERL�A� O(j/}yOF � SONG A CIRCULAR CURVE TO THE 1ff1; HAVING A RADYLLS (� 10gG[[IN FEET AND A. CEIVTR.AL ANGLE OF 41:i9'3O; FdR AN ARC OLSTANCE Of 732.89 FEET, TO A POINT OF TAAdGEALCY. 1T9ENCE S4274'13� FOR 5193'1 FffT, 1i] A POINT OF CURVATURE,• THENCE SOUTHEASTERLY, ALOAIG A CIRCULAR CURVE' TO 71 E RDTT, HAM A RADIUS OF 9V.00 f rt7 AVD A CENTRAL ANGLE OF 04 58'06; FOR AN ARC ViSTANCE ar 7&V FEET. TO A PD/NT ON SAID CURl2r (LAST 19ENTA7i1/ED THREE COURSES M MG COINCNDENT W N TI9£ WESTERLY RIGHT -OF WAY ME OF,914 ►S �10), THRICE S89`19 S4 V,, ALOAV THE SOUTH LINE OF THE AIQRD9 V 114 OFSW SECTION 7, FOR 66226 FEET, TO THE POINT OF BEGINNW& Subject to vacation of the portions thereof that are currently publicly dedicated roads Sheet 2 of 2 Sheets CITY FURNITURE RAS`_E�(j -ESSWAY R/W LINE PER O.R.8.12196,PG.380 N `� 5' � p_ �48515�,N 05733'43" W N N 00'13'25"' W R�7501.1 , N A 15 298.05 � Aw2�11.84r R� ��� R-11309.16 D= OI'11'56" A=828.79 249.68 p� 02 D4 35 H O 33448. 3" W N I w� Y :Z1 S 00'24'54" E 994.76'�T -4 ao UD w� 15.00' cooC) LIT C� N W o O W O n n c y a m g ion m !! § z n 331.41 0 z� r- S 00'24'54" E �Q �� a �.. J � r� N m [b Cj m o Icri N O0 O C .. o .a (n Cn � �xcA 2 Ln cnm CA m O 00 C I o m ^ " (A (n ; -0-4Iwo I �r Cl1 O 0 Z ~s m� a Z:M 15 p0' 15.00' EAST LINE PARCEL "A" 00 —1 $ P.B.159.PG.11 824.58' 1639.52 L4 O r+i rn � � � $ S o 00'44'46" E 0 15.00' m 463.01 z m I1 m �' ' �, � ,� E. LINE; N.W.1 /4, a,`pWW- o_ �I�I SECTION 7-49--41 cep y � � " � V ` � c.O+� SCALE:1 "= 300' to SKETCH TO ACCOMPANY R=902.00 LEGAL DESCRIPTION r1k 9=04'58'06" 15 FOOT UTILITY EASEMENT io 7 A=78.22' CAD FILENAME: K:\074941\CGWLEG3A.DWG SHEET 1 OF 5 SHEETS SCHWEBKE-SHISKIN & ASSOCIATES, INC. LAND SURVEYORS -ENGINEERS -LAND PLANNERS--3240 CORPORATE WAY--MIRAMAR FL. 33025 PHONE No.(954)435-7010 FAX No. (954)438-3288 ORDER NO. 182042 PREPARED U R MY SUPERVISION DATE JUNE 27, 2000 ALFONSO C. TELLO, ARY--TREASURER THIS IS NOT A "BOUNDARY SURVEY" PROFESSIONAL LAND SUR OR NO. 2978 PROFESSIONAL BUSINESS LICENSE No. LS-87 STATE OF FLORIDA CITY FURNITURE LEGAL DESCRIPTION TO ACCOMPANY SKETCH 15 FOOT UTILITY EASEMENT PORTIONS OF TRACT 5, AND ROAD RESERVATIONS 1N THE NORTH 112 OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, "FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, PARCEL "A ", "GOULD SOUTH", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 159, AT PAGE 11, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND PORTIONS OF THE RIGHT-OF-WAY FOR N.W. 106TH AVENUE (HIATUS ROAD), AS SHOWN ON SAID " GOULD SOUTH" AND "S & N PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 154, AT PAGE 38, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID PARCEL "A' "GOULD SOUTH" AND RUN S00'4446"E, ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL "A" FOR 463.01 FEET, TO A POINT OF CURVATURE; THENCE SOUTHERLY AND SOUTHEASTERLY, ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 1008.00 FEET AND A CENTRAL ANGLE OF 4139'30', FOR AN ARC DISTANCE OF 732.89 FEET, TO A POINT OF TANGENCY; THENCE S4224'13"E, FOR 618.31 FEET, TO A POINT OF CURVATURE,THENCE SOUTHEASTERLY, ALONG A CIRCULAR CURVE TO THE RIGHT, HAVING 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 SAID CURVE (LAST MENTIONED THREE COURSES BEING COINCIDENT WITH THE WESTERLY RIGHT-OF- WAY LINE OF HIATUS ROAD); THENCE S 89'1954"W, ALONG THE SOUTH LINE OF THE NORTHEAST 114 OF SAID SECTION 7, FOR 18.81 FEET, TO A POINT ON A CURVE, SAID POINT BEARS N5150'14 "E, FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE THENCE NORTHWESTERLY, ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 887.00 FEET AND A CENTRAL ANGLE OF 04'1427", FOR AN ARC DISTANCE OF 65.65 FEET, TO A POINT OF TANGENCY • THENCE N4224'13V,, FOR 618.31 FEET, TO A POINT OF CURVATURE; THENCE NORTHWESTERLY AND NORTHERLY, ALONG A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 102300 FEET AND A CENTRAL ANGLE OF 4l'39'30; FOR AN ARC DISTANCE OF 743.80 FEET, TO A POINT OF TANGENCY (LAST MENTIONED THREE COURSES BEING 15.00 FEET WESTERLY OF, THE WESTERLY RIGHT-OF-WAY LINE OF HIATUS ROAD), THENCE NOO-44'461W, ALONG A LINE PARALLEL WITH AND 15.00 FEET WESTERLY OF, THE EASTERLY BOUNDARY OF SAID PARCEL "A", "GOULD SOUTH" FOR 463.07 FEET; THENCE N89"28'121, ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL "A; "GOULD SOUTH" FOR 15.00 FEET, TO THE POINT OF BEGINNING. Wffilptxog BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF 5.89'19'54"W. ALONG THE SOUTH LINE OF THE NORTHEAST 114 OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, VALID COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. ORDERED BY- CITY FURNITURE. CAD FILENAME: K:\074941\CCWLEC3A.DWG SHEET 2 OF 5 SHEETS SCHWEBKE-SHISKIN & ASSOCIATES, INC. LAND SURVEYORS -ENGINEERS -LAND PLANNERS-3240 CORPORATE WAY-MIRAMAR FL. 33025 PHONE No.(954)435-7010 FAX No. (954)438-3288 ORDER NO 182042 DATE JUNE 27, 2000 THIS IS NOT A "BOUNDARY SURVEY" PROFESSIONAL BUSINESS LICENSE No. LB-87 PREPARED U R MY SUPERVISION ALFONSO C. TELL '*, ETARY—TREASURER PROFESSIONAL LAND SU YOR No. 2978 STATE OF FLORIDA CITY FURNITURE SKETCH TO ACCOMPANY LEGAL DESCRIPTION 15 FOOT UTILITY EASEMENT POINT OF BEGINNING: NORTH LINE; N.89*28' 12 "E. NORTHEAST CORNER; PARCEL "A",* „ GOUL PARCEL "A'; 15.�0 D SOUTH (P.B.159, PG.11) I ¢ R 53' 53' w r rza a � III r- 'im wrn rrj I z � 3� �w � I Ln oF� 15. DO' �0 R=1023.00' I I D= 41 '39'30 "---,,,, A= 743.80_v_jL MATCH LINE d• I �t O O V IIV• ♦ f 53' R=1008.00' D=41'39'30" II A= 732.89' CAD FILENAME: K:\074941\CGWLEG3A.DWG SHEET 3 OF 5 SHEETS SCHWEBKE-SHISKIN & ASSOCIATES, INC. LAND SURVEYORS -ENGINEERS -LAND PLANNERS-3240 CORPORATE WAY-MIRAMAR FL. 33025 PHONE No.(954)435-7010 FAX No. (954)438 -3288 ORDER NO. 182042 PREPARED U M U. DATE JUNE 27, 2000 ALF C. TELL ECRETARY--TREASURER THIS IS NOT A "BOUNDARY SURVEY" PROFESSIONAL LAND YOR No. 2978 PROFESSIONAL BUSINESS LICENSE No. LB-57 STATE OF FLORIDA CITY FURNITURE MATCH LINE "sl " I \ / I R=1023.00' D=41 '39'30" A= 743.80' 0 SKETCH TO ACCOMPANY LEGAL DESCRIPTION 15 FOOT UTILITY EASEMENT EASTERLY R/W LINE "HIATUS ROAD" K= 7 UUM UU D= 41 '39'30 " A= 732.89' PARCEL " C" S. & N. PLAT" (P. B.154, PG. 38) RiI IN, h� TRA CT 5 (P. B.1, PG.102, PBCR) Q' w 4 I �� V _ct W� .� a ( 15' UTILITY r'�, �� w ci EASEMENT t �� F a 130' ROAD RESERVATION (P. B.1, PG.102, PBCR) _MATCH LINE- B- CAD FILENAME: K:\074941\CGWLEG3A.DWG SHEET 4 OF 5 SHEUS SCHWEBKE--SHISKIN & ASSOCIATES, INC. LAND SURVEYORS —ENGINEERS —LAND PLANNERS-3240 CORPORATE WAY—MIRAMAR FL. 33025 PHONE No.(954)435-7010 FAX No. (954)438-3288 ORDER N0. 182042 PREPARE DER PERVISf�Ff"`� DATE JUNE 27, 2000 ALF SO C. TELL , RETARY—TREASURER THIS IS NOT A "BOUNDARY SURVEY" PROFESSIONAL LANDS VEYOR No. 2978 PROFESSIONAL BUSINESS LICENSE No. LB-87 STATE OF FLORIDA rr CITY FURNITURE SKETCH TO ACCOMPANY LEGAL DESCRIPTION 15 FOOT UTILITY EASEMENT q Gs ory 1 ;n MATCH LINE "B" o CN onN �• 15' UTILITY rn o Q• EASEMENT D��8 � j II II II ' O �oQ 15' ROAD RESERVATION (P. B.1, PG.102, PBCR) SOUTH LINE, N.E.1/4; SECTION 7-49-41 R=887.00' D=04' 14'27" A= 65.65' 2 0' CANAL EASEMENT (P. B. 162, PG. 23) LEGEND (� - DENOTES CENTERLINE P.B. - DENOTES PLAT BOOK Q.R.B. - DENOTES OFFICIAL RECORD BOOK PG. - DENOTES PAGE �P 18.81 ' S.89' 1954 "W. CAD FILENAME: K:\074941\CGWLEG3A.DWG SHEET 5 OF 5 SHEETS SCHWEBKE—SHISKIN & ASSOCIATES, INC. i�) LAND SURVEYORS--ENGINEERS-LAND PLANNERS-3240 CORPORATE WAY-MIRAMAR FL.. 33025 PHONE No.(954)435-7010 FAX No. (954)438-3288 ORDER NO 152042 PREPARED�JdDER PERVISION DATE JUNE 27, 2000 "� Aftlqtb C. TEL CRETARY—TREASURER THIS IS NOT A BOUNDARY SURVEY" PROFESSIONAL LAN VEYOR No. 2978 PROFESSIONAL BUSINESS LICENSE No. LB-87 STATE OF FLORIDA 411 T CITY FURNITURE SKETCH TO ACCOMPANY R=902.00' $sj• R=902.00' D=04'1 D'12" D=00'47'S4„ LEGAL DESCRIPTION OF �A=12.57' A= 65.65' �" AN UTILITY EASEMENT/ �I I � / 15 ROAD RES�ERVATION (P.B.1, PG. f02, P.B.C.rW I `^ " z� W)ck� A. 94) 10V Q�1, l I 1pp• � � p��e � ` � WEST LINE; TRACT 5 I �i (P.B. 1, PG. 102, P.B.GR.) ' z EAST LINE; N.W.1/4; o SECTION 7-49-41 S. 00*44 *46 "E. 5.00 N.01744 46"W. - _ - w r: 1 , EAST LINE, PARCEL "A- 10' UTILITY EASEMENT jla:�' (P.O. 159, PG. 11)c, (P.R. 159, PG. 11) uO �r w �d 15' ROAD RESERVA77ON � "DETAIL" g to I `� N.T.S. , (P.B.1, PG.1O2, P.BC.R.) ui' S.E. CORNER; PARCEL "A" y 0 'i A t;to A (P.B. 159, PG. 11)) G� ' 0 11 s¢ Z) L W 10' UiIUTY EASEMENT W 9 P WAY v (P.B. 159, PG. 11) 15 EASTERLY RIGHT -OE- I �+' SS 380) 3 Cd I cn �' VO lQ "$AWGRASS EXPR 0 a (O.R.B 12111, P ' w T LINE' PARCEL "A f o (P.B. 159, PG. 11) _—R=7501 15„ �'F�V1 CAD FILENAME: K:\074941\CfTYFURNCF—UE4SE.0WG A=15.19 SHEET 1 OF 2 SHEETS SCHWEBKE--SHISKIN & ASSOCIATES, INC. LAND SURVEYORS -ENGINEERS -LAND PLANNERS-3240 CORPORATE WAY--MIRAMAR FL. 33025 PHONE No.(954)435-7010 FAX No. (954)438--3288 ORDER NO. 182042 PREPAR NDER DATE JUNE 27, 2000 ONSO C. TELLO, SEC ARY-TREASURER THIS IS NOT A "BOUNDARY SURVEY" PROFESSIONAL LAND SURVEYOR NO. 2978 PROFESSIONAL BUSINESS LICENSE No. LB-•87 STATE OF FLORIDA LEGAL DESCRIPTION TO ACCOMPANY SKETCH OF AN UTILITY EASEMENT Portions of Road Reservations in the North 112 of Section 7, Township 49 South, Range 41 East "FLORIDA FRUIT LAND COMPANY'S SUBDIVISION NO. 2". according to the plat thereof, as recorded in Plat Book 1, at Page 102, of the Public Records of Palm Beach County, Florida, said lands lying and being in the City of Tamarac, Broword County, Florida and being more particularly described as follows: Begin at the Southeast corner of the Northwest 114 of said Section 7; thence South 89 degrees 19 minutes 54 seconds West, along the South line of the Northwest 114 of said Section 7, for 1519.67 feet to a point on a circular curve; said point bears South 80 degrees iJ minutes J6 seconds West from the radius point of the next described circular curve; thence Northwesterly, along said circular curve to the right, having a radius of 7501.15 feet a central angle of 00 degrees 06 minutes 58 seconds for on arc distance of 15.19 feet; said last described circular curve being coincident with the Easterly Right — of —Way Line of "SAWGRASS EXPRESSWAY',' as recorded in Official Records Book 12196 at Page J80 of the Public Records of Broword County, Florida; thence North 89 degrees 19 minutes 54 seconds East, along the South line of Parcel "A'; "GOULD SOUTH" according to the plat thereof, as recorded in Plot Book 159 at Page 11 of the Public Records of Broword County, Florida, for 1507 0J feet; said last described course being coincident with the Northerly line of that certain "15 foot Road Reservation" as shown on the said plat of 7—LORIDA FRUIT LAND COMPANY'S SUBDIVISION NO. 2 thence South 00 degrees 44 minutes 46 seconds East, along the Southerly extension of the East line of said Parcel 'A ' for 5.00 feet; thence North 89 degrees 19 minutes 54 seconds East, along a line that is parallel with and 10.00 feet North of, as measured at right angles to, the South line of the Northeast 114 of said Section 7, for 669.69 feet to a point on a circular curve; said point bears North 51 degrees 46 00 seconds East from the radius point of the next described circular curve; thence Southeasterly, along said circular curve to the right, having a radius of 902.00 feet, a central angle of 00 degrees 47 minutes 54 seconds for an arc distance of 12.57 feet; said last described circular curve being along the Westerly Right —of —Way line of "HIATUS ROAD; thence South 89 degrees 19 minutes 54 seconds West, along the South line of the Northeast 114 of said Section 7, for 662.26 feet to the Point of Beginning; all lying and being in the North 112 of Section 7, Township 49 South, Range 41 East, City of Tamarac, Broword County, Florida. T• � kathy � legols � goulds.bri NOTES: 1) Bearings shown hereon refer to an assumed bearing of S89'19'54'if along the South line of the Northeast 114 of Section 7, Township 49 South, Range 41 East, City of Tamarac, Broword County, Florida. 2) Valid copies of this Sketch and Legal Description must bear the embossed seal of the attesting Professional Land Surveyor. J) Ordered By: City Furniture CAD FILENAME K: LEGEND: P.O.B. — Denotes Point of Beginning P.B. — Denotes Plat Book O.R.B. — Denotes Official Records Book PG. — Denotes Page PBCR — Denotes Palm Beach County Records — Denotes Centerline S CHWEBKE - SHISKIN & LAND SURVEYORS--ENGINEERS—LAND PLANNERS-3240 PHONE No.(954)435-7010 FAX ORDER NO. 182042 DATE JUNE 27, 2000 THIS IS NOT A BOUNDARY SURVEY" PROFESSIONAL BUSINESS LICENSE No. LB-87 SHEET 2 OF 2 SHEETS ASSOCIATES, INC. CORPORATE WAY—MIRAMAR FL. 33025 No. (954)438-3288 PREPAREP,-U#DER 5t1PE-RVtSIQN -__— _a FON50 C. TELLO. SE RETARY—TREASURER PROFESSIONAL LAND SURVEYOR NO. 2978 STATE OF FLORIDA OPINION OF TITLE 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: GENERAL 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. SPECIAL EXCEPTIONS 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. lor-1101 Advance Business Associates LLP 1400 213M61 111 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. 67 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 ubmitted this x t day of 2000. BILZIN SUMBERG DUNN PRICE & AXELROD LP 2500 First Union Financial Center Miami, Florida 33131-2336 Phone: A (305) 374-7580 �A At,Yfold A.—Swn, Esq. Legal Description of Overall City Furniture Site: PORTIONS OF TRACTS 5, 14, 15 AND ROAD RESERVATIONS IN THE NORTH 1/2 OF SECTION 7, TOWNSHIP 49 SOUTFI, RANGE 41 £AST, fLORIDA FRUIT LANDS COMPANY'S SUBDMSION NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN FLAT BOOK 1, AT PAGE 102, OF THE PUBLIC RECORDS OF PALM 9WH COUNTY, FLORIpA; PARCEL 'A ", " COULD SOUTH ; ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 159, AT PAGE > 1; PARCEL G " S & N PLAT; ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 154, AT PAGE j8, BOTH Of THE PUBLIC RECORDS OF BROWARD COUNTY, FLORlD4 AND PORTIONS OF THE RIGHT OF- WAY FOR N.W. 1061H AVENUE (HL4TUS RDAD, AS SHOWN ON SAID " GOULD SOUTH' AND "S & N PLAT", S41D LANDS LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY FLORIDA AND BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS BEGIN AT THE SOUTHEAST CORNER Of THE NORTHWEST 1/4 OF S4lD SECTION 7,• THENCE RUN 5897941'Sy ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF S41D SEC77ON 7, FOR 1519.67 FEET, TO A POINT ON THE EASTERLY RIGHT -OF -MAY LINE OF O S4WGR4SS EXPRESSWAY, AS RECORDED IN OFF1014L RECORDS BOOK 12195,, AT PAGE 380, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORID4 (SAID POINT BEING ON A CURVE AND BEARS S 8073;351y, FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); ]HENCE NORTHWESTERLY, ALONG A CIRCULAR L'URV£ TO THERIGH: FEET, HAVING A RADIUS OF 7501.15 FEET' AND A CENTRAL ANGLE OF 02'04'35 ; FOR AN ARC DISTANCE OF 271.84 FEET, TO A POINT OF COMPOUND CURVATURE; THENCE CONTINUE NORTHWESTERLY, ALONG A CIRCULAR CURIE TO THE I RIGHT HAVING A RADIUS OF 1130y 16 FEET AND A CENTRAL ANGLE OF 0145 S1', FOR AN ARC DISTANCE OF 34815 FEET, TO A POINT ON SAID CURVE, THENCE N05 33'43'W, FOR 29805 FEET, TO A POINT ON A CURVE, SAID POINT BEARS S85',34:39-W, FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE (LAST MENTIONED THREE COURSES BEING COINCIDENT !N PART WITH THE WESTERLY BOUNDARY LINES OF TFIE AFOREMENTIONED PARCEL A; COULD SOUTH'),- THENCE NORTHWESTERLY AND NORTHERLY, ALONG A CIRCULAR CURVE TO 5 OF THE RIGHT A I IJ09.16 FEET AND A CENTRAL ANGLE OF 04 *1/'56; FOR AN ARC DISTANCE OF 82879 F£ET TO A HAVING POINT RA91 lUU TANGENCY • THENCE N00'13251f; FOR 249.68 FEET (LAST MENTIONED FIDE COURSES BEING COINCIDENT WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID .SAWGRASS EXPRESSWAY),• TF/ENCE N892953E; ALONG TFI,£ NORTH BOUNDARY LINE OF SAID TRACT 15, FOR 572.08 FEET; THENCE S00'24 54 1E, ALONG THE EASTEY BOUNL1gf►'Y LINE OFI?L 54/D TRACT 15, FOR 331.41 FEET; THENCE N89'28'12 E ALONG THE NORTHERLY BOUNDARY L/NE OF SAID P,4RCEL ;4 ; "GOULD SOUTH'; FOR 1016.64 FEET,- THENCE S00""44'46"E, ALONG THE EASTERLY BOUNDARY OF S4/9 PARC,£L ;9 ; ':iOULD SOUTH; FOR 463.01 FEET, TO A POINT OF CURVATURE,' TF/ENCE SOUTHERLY AND SOUTHEASTERLY, Al_ONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 1008.00 FEET" AND A CENTRAL ANGLE OF 4139'30 ; FOR AN ARC DISTANCE OF 732.89 FEET, TO A POINT OF TANGENCY. THENCE S4224'13 E; FOR 61831 FEET, TO A POINT OF CURVATURE;• THENCE SOUTHEASTERLY, ALONG A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 902.00 FEET AND A CENTRAL ANGLE Of 04'SB'Ofi" FOR AN ARC DISTANCE OF 78.22 FEET, TO A POINT ON SAID CURVE (LAST MENTIONED 1HREE COURSES BEING COINCIDENT WITH TyE WESTERLY RIGHT OF=WAY LINE Of HIATUS ROAD); 1""HENCE SB979'S41y ALONG THE SOUTH LINE OF THE, NORTHEAST 1/4 OF ,SAID SECTION 7, FOR 66226 FEET, TO THE POINT I OF BEGINNING. 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. G:\DM S\79000\60007\0267110, 01 11/9/1999 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