HomeMy WebLinkAboutR-2005-094 AES Amendments RESOLUTION NO. 2005-094
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO
EASEMENT AGREEMENT AND A FIRST AMENDMENT TO A SERVICE
AGREEMENT, WHICH AGREEMENTS EXIST BETWEEN THE CITY AND
AES OCEAN EXPRESS, LLC; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, AES Ocean Express, LLC ("AES") has requested that the City execute
amendments to two agreements presently existing between the City and AES,both of which pertain
to installation of a natural gas pipeline, a portion of which will be installed within the corporate
limits of the City; and
WHEREAS, such amendments are designed to replace exhibits to both agreements,which
exhibits depict two segments of the proposed pipeline which will be located within the City; and
WHEREAS,a minor adjustment to the pipeline diameter was required and was approved by
• the Federal Energy Regulation Commission,which has federal jurisdiction over the installation and
operation of such lines, necessitating changes to the exhibits attached to the agreements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to execute a First Amendment to
Easement Agreement and a First Amendment to a Service Agreement, which agreements exist
between the City and AES Ocean Express,LLC,to replace the existing Exhibits to both agreements.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon passage
and adoption.
PASSED AND ADOPTED on June 14, 2005.
ANNE CASTRO
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
AiCOMMISSIONER ANTON - YES
J4 oo COMMISSIONER BERTINO - YES
LOUISE STILSON COMMISSIONER MCELYEA- YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TOf ORM AND CORRECTNESS:
/` .
BY: ,
THOMAS S � O
CITY ATT RNEY
2 RESOLUTION#2005-094
CITE' OF DANIA BEACH
MEMORANDUM
TO: Mayor and City Commission
CC: Ivan Pato, City Manager
Larry Leeds, Community Development Director
Kristen Jones, Parks and Recreation Director
John Milledge, Esq.
FROM: Tom Ansbro, City Attorney
DATE: June 1, 2005
RE: Proposed Amendments to AES Ocean Express Natural Gas Pipeline Documents
AES Ocean Express, LLC, the company proposing to install the natural gas pipeline
between the Bahamas and Broward County, has requested that amendments be approved in
connection with the two agreements existing between the City and the Company. One
agreement granted easements for portions of the line passing through two areas of the City; the
other agreement provides for payment to the City in connection with services rendered which
are related to the pipeline.
The amendments are needed to authorize a two-inch increase in the pipeline diameter.
The route locations remain the same. Attached is a copy of a May 24, 2005 letter explaining
the request, which was sent to me by the Company's Project Manager.
A Resolution authorizing execution of the amendments is ready for consideration by the
City Commission.
TJA:slw
Attachments
Jofm M. Mi edge
PROFESSIONAL A S S O C I A T I O N
9ATTOR
NEYS AT LAW
May 23, 2005
Thomas J. Ansbro
Weiss Serota Helfman Pastoriza Guedes
Cole &Boniske, P.A.
3107 Stirling Rd., Suite 300
Fort Lauderdale, FL 33312
Re: AES Project
Dear Tom:
Per our telephone conversation, enclosed lease find three 3 original co ies of amendments to the
p � ) p
Easement Agreement and Service Agreement relating to the project.
Thank you for your cooperation in this matter.
Sincerely,
( �I
J M. MILLEDGE
JMM/ck
Enclosures
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n �v'�L 4V-AA
4J
REPUBLIC TOWER - 15T-FLOOR 110 SOUTHEAST 6T-STREET FORT LAUDERDALE.FLORIDA 33301 TELEPHONE(954) 761-8640 FAX(954)761-8979
F
Wa A r04
M FLORIDA
July 6, 2005
John M.Milledge
Attorneys at Law
Republic Tower, 15th Floor
110 SE 61h Street
Fort Lauderdale, FL 33301
RE: AES PROJECT
Dear Mr. Milledge:
On June 14, 2005, the Dania Beach City Commission adopted Resolution No.
2005-094 approving the First Amendment to Easement Agreement and the First.
Amendment to Service Agreement between the City of Dania Beach and AES Ocean
Express LLC.
We enclose a copy of the resolution and two originals of each of the Agreements
duly executed by the City of Dania Beach. Please have these documents recorded with
the Broward County Public Records Office.
If you have any questions regarding this agreements, please contact City Attorney
Tom Ansbro, at (954) 924-3635.
Sincerely,
iriam Nasser
Deputy City Clerk
Enclosures
Cc: Tom Ansbro, City Attorney
•
"Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
FIRST AMENDMENT TO EASEMENT AGREEMENT
THIS FIRST AMENDMENT TO EASEMENT AGREEMENT ("AGREEMENT"),
is made and entered into as of the day of :%UW(E 6�', by and between
. the CITY OF DANIA BEACH, a Florida municipal corporation (hereafter "CITY"), and AES
OCEAN EXPRESS LLC, a Delaware limited liability company (hereinafter "OCEAN
EXPRESS");
WITNESSETH:
WHEREAS, CITY and. OCEAN EXPRESS entered into that certain Easernent
Agreement approved by CITY on February 24, 2004; and
WHEREAS, the Federal Energy Regulatory Commission ("FERC") has approved
certain changes to the Certificate of Public Convenience and Necessity("Certificates"); and
WHEREAS, such changes require modification to Exhibit "A" attached to this
Agreement.
NOW, THEREFORE, in consideration of the mutual promises herein contained and
other good and valuable consideration, receipt of which is hereby acknowledged, the parties
agree as follows:
I. Recitals: The foregoing recitals are true and correct and are incorporated into this
Agreement.
2. Exhibit "A" is hereby replaced with Exhibit "A" attached hereto.
3. Except as specifically provided herein, all other terms and conditions of the
Easement Agreement are not modified and are fully in effect.
IN WITNESS WHEREOF, the parties have set their hands and official seals the day
and year first above written.
CITY:
ATTEST: 1A CITY OF DANIA BEACH,
a Florida Municipal Corporation
LOUISE STILSON
CITY CLERK
ANNE CAS TRO
APPROVED FOR FORM MAYOR
AND CO TNESS:
� �,.,1,1, I -IVAN PATO;CITY MANAGER
THO SAS Jr A; S$RO
CITY ATTORNEY
EXHIBIT "A"
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•
3
CRAV[ ) • THOMPSON & ASSOC,.ATES, INC,
ENGINEERS PLANNERS SURVEYORS
3563 N.W. 53RD STREET, FORT LAUDERDALE, FLORIDA 33309 FAX: (954) 739-6409 TEL.: (954) 739-6400
FLORIDA LICENSED ENGINEERING. SURVEIIINC Jf MAPPING BUSINESS No. 271
FLORIDA LICENSED LANDSCAPE ARCHITECTURE BUSINESS No. C000114
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OCEAlvEXPRESS NA MRAL OAS P/PEuA(EEASEAfnvr
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A 25 FOOT STRIP OF LAND BEING A PORTION OF SECTION 36,TOWNSHIP 50 SOUTH,RANGE,
42 EAST,CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 36-50-42;
THENCE NORTH 87'07'24"EAST ALONG THE SOUTH LINE OF SAID SECTION 36-5042,A
DISTANCE OF 2339.62 FEET;
THENCE NORTH 07'58'52"EAST A DISTANCE OF 1234.30 FEET TO A POINT BEING ON A CURVE
CONCAVE TO THE SOUTH,HAVING A RADIAL BEARING OF SOUTH 30°45'15"WEST FROM SAID
POINT;
THENCE EASTERLY ALONG SAID CURVE,HAVING A RADIUS OF 1650.00 FEET,A CENTRAL
ANGLE OF 6'49'3T',AND FOR AN ARC DISTANCE OF 196.60 FEET TO THE POINT OF BEGINNING
(THE SIDE LINES OF SAID STRIP OF LAND TO BE EXTENDED OR SHORTENED TO MEET AT
ANGLE POINTS ON THE EAST BOUNDARY HAVING A BEARING OF NORTH 12'35'45"EAST);
THENCE CONTINUE ALONG THE CENTERLINE OF SAID CURVE HAVING A RADIUS OF 1650.00
FEET,A CENTRAL ANGLE OF 5'59'34",AND FOR AN ARC DISTANCE OF 196.60 FEET TO A POINT
OF TANGENCY;
THENCE NORTH 72'03'56"WEST,A DISTANCE OF 107.52 FEET TO THE POINT OF TERMINATION
OF SAID CENTERLINE OF 25 FOOT STRIP OF LAND; (THE SIDE LINES OF SAID STRIP OF LAND
TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS ON THE WEST BOUNDARY
HAVING A BEARING OF NORTH.01'39'22"EAST).
SAID LANDS SITUATE IN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA,
CONTAINING 7,002 SQUARE FEET,MORE OR LESS.
UPDATES and/or REVISIONS DATE BY CK'D CITY OF DANIA PARCEL
COUNTY FOLIO NO. 50-42-36-00-0040
EXHIBIT A
SHEET 1 OF 4'
ISSUED DATE:VAI,/05
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ENGINEERS PLANNERS SURVEYORS
3563 N.W. 53RD STREET, FORT LAUDERDALE, FLORIDA 33309 FAX: (954) 739-6409 TEL: (954) 739-6400
FLORIDA LICENSED ENGINEERING, SURVEYING h LAPPING BUSINESS No. 271
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ISSUED DATE: 041105
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ENGINEERS PLANNERS e SURVEYORS
3563 N.W. 53RD STREET, FORT LAUDERDALE, FLORIDA 33309 FAX: (954) 739-6409 TEL.: (954) 739-6400
FLORIDA LICENSED ENGINEERING. SURVEYING k MAPPING BUSINESS No. 271
FLORIDA LICENSED LANDSCAPE ARCHITECTURE BUSINESS No. C000114
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A 4 FOOT STRIP OF LAND BEING A PORTION OF SECTION 27,TOWNSHIP 50 SOUTH,RANGE 42 EAST,
CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF PARCEL"A"OF FORT LAUDERDALE-HOLLYWOOD
INTERNATIONAL AIRPORT FIFTH ADDITION ,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 162,PAGE 44 OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA,SAID POINT BEING ON A
A CURVE CONCAVE TO THE EAST HAVING A RADIAL BEARING OF NORTH 61'3755"WEST FROM THE
RADIUS POINT OF SAID CURVE,SAID CURVE ALSO BEING THE WEST RIGHT OF WAY LINE OF THE
FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY; THENCE ALONG SAID WEST RIGHT-OF-WAY
NORTHERLY ALONG SAID CURVE HAVING A RADIUS OF 2342.01 FEET AND A CENTRAL ANGLE OF 2'24'00"
FOR AN ARC DISTANCE OF 98.10 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO EAST
HAVING A RADIAL BEARING OF SOUTH 65'52'26"EAST FROM THE LAST DESCRIBE POINT; THENCE
NORTHERLY ALONG SAID CURVE HAVING A RADIUS OF 1943.08 FEETAND A CENTRAL ANGLE OF
00'19'13"FOR AN ARC DISTANCE OF 10.86 FEET TO THE POINT OF BEGINNING (THE SIDE LINES OF SAID
STRIP OF LAND TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS ON THE
AFOREMENTIONED CURVE); THENCE NORTH 81*5707"WEST,A DISTANCE OF 14.59 FEET TO THE POINT
OF TERMINATION (THE SIDE LINES OF SAID STRIP OF LAND TO BE EXTENDED OR SHORTENED TO MEET
AT ANGLE POINTS A LINE HAVING A BEARING OF NORTH 12'38'13"EAST);
SAID LANDS SITUATE IN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA,CONTAINING 58
SQUARE FEET,MORE OR LESS.
UPDATES and/or REVISIONS DATE BY CK'D CITY OF DANIA PARCEL
• REV. 24" PIPELINE TO 26" 4/12/05 BAS DMD COUNTY FOLIO NO. 50--42-27-00-0400
EXHIBIT A
SHEET 3 OF
ISSUED DATE:04Ji2j0�
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ENGINEERS PLANNERS SURVEYORS
3563 N.W. 53RD STREET, FORT LAUDERDALE. FLORIDA 33309 FAX: (954) 739-6409 TEL,: (954) 739-6400
FLORIDA UCENSED ENGINEERING. SURVEYINC h MAPPING BUSINESS No. 271
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COt1NTY FOLIO N0. 50-42-27-00-0400
EXHIBIT Q.
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ISSUED DATE: 04/12r05
CTA PROJ. NO: DRAWN BY: CHECKED BY: MANAGED BY: DRAWING NAME: SKETCH DATE: AES PROJECT NO: ISSUE
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FIRST AMENDMENT TO SERVICE AGREEMENT
BETWEEN THE CITY OF DANIA BEACH
AND AES OCEAN EXPRESS LLC
THIS FIRST AMENDMENT TO SERVICE AGREEMENT ("FIRST
AMENDMENT") is made onaUNC 1 , 2005, between the CITY OF DANIA BEACH
("CITY"), a municipal corporation organized and existing under the laws of the State of Florida,
and AES OCEAN EXPRESS LLC ("OCEAN EXPRESS"), a limited liability company
organized and existing under the laws of the State of Delaware.
WITNESSETH:
WHEREAS, CITY and OCEAN EXPRESS entered into that certain Service Agreement
approved by CITY on February 24, 2004; and
WHEREAS, the Federal Energy Regulatory Commission ("FERC") has approved
certain changes to the Certificate of Public Convenience and Necessity("Certificates"); and
WHEREAS, such changes require modification to Exhibit "A" attached to this
Agreement.
NOW, THEREFORE, in consideration of the mutual promises herein contained and
other good and valuable consideration, receipt of which is hereby acknowledged, the parties
agree as follows:
1. Recitals: The foregoing recitals are true and correct and are incorporated into this
• Agreement.
2. Exhibit"A" is hereby replaced with Exhibit"A" attached hereto.
3. Except as specifically provided herein, all other terms and conditions of the
Service Agreement are not modified and are fully in effect.
IN WITNESS WHEREOF, the parties have set their hands and official seals the day
and year first above written.
CITY:
ATTEST: CITY OF DANIA BEACH,
a Florida Municipal Corporation
LOUISE STILSON
CITY CLERK
ANNE CASTRO
APPROVED FOR FORM MAYOR
AND CO TNESS:
IVAN POO ITY MANAGER
THOMAS Jj A RO r
• CITY ATTORNEY
AES OCEAN EXPRESS LLC
DONALD J. BARTLETT
VICE PRESIDENT
(CORPORATE SEAL)
•
2
EXHIBIT "A"
3
CRAV[ I • THOMPSON & ASSOC,.ATES, INC.
ENGINEERS PLANNERS SURVEYORS
3563 N.W. 53RD STREET, FORT LAUDERDALE, FLORIDA 33309 FAX: (954) 739-6409 TEL.: (954) 739-6400
FLORIDA UCENSED ENGINEERING, SURVEYING k MAPPING BUSINESS No. 271
FLORIDA LICENSED LANDSCAPE ARCHITECTURE BUSINESS No. C000114
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A 25 FOOT STRIP OF LAND BEING A PORTION OF SECTION 36,TOWNSHIP 50 SOUTH,RANGE,
42 EAST,CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 36-50-42;
THENCE NORTH 87'07'24"EAST ALONG THE SOUTH LINE OF SAID SECTION 36-50A2,A
DISTANCE OF 2339.62 FEET;
THENCE NORTH 07'58'52"EAST A DISTANCE OF 1234.30 FEET TO A POINT BEING ON A CURVE
CONCAVE TO THE SOUTH,HAVING A RADIAL BEARING OF SOUTH 30'45'15'WEST FROM SAID
POINT;
THENCE EASTERLY ALONG SAID CURVE,HAVING A RADIUS OF 1650.00 FEET,A CENTRAL
ANGLE OF 6'4937",AND FOR AN ARC DISTANCE OF 196.60 FEET TO THE POINT OF BEGINNING
(THE SIDE LINES OF SAID STRIP OF LAND TO BE EXTENDED OR SHORTENED TO MEET AT
ANGLE POINTS ON THE EAST BOUNDARY HAVING A BEARING OF NORTH 12'35'45"EAST);
THENCE CONTINUE ALONG THE CENTERLINE OF SAID CURVE HAVING A RADIUS OF 1650.00
FEET,A CENTRAL ANGLE OF 5'59'34",AND FOR AN ARC DISTANCE OF 196.60 FEET TO A POINT
OF TANGENCY;
THENCE NORTH 72'03'56"WEST,A DISTANCE OF 107.52 FEET TO THE POINT OF TERMINATION
OF SAID CENTERLINE OF 25 FOOT STRIP OF LAND; (THE SIDE LINES OF SAID STRIP OF LAND
TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS ON THE WEST BOUNDARY
HAVING A BEARING OF NORTH 01'39'22"EAST).
SAID LANDS SITUATE IN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA,
CONTAINING 7,002 SQUARE FEET,MORE OR LESS.
UPDATES and/or REVISIONS DATE BY CK'D CITY OF DANIA PARCEL
COUNTY FOLIO NO. 50-42-36-00-0040
EXHIBIT A
SHEET 1 OF 4.
ISSUED DATE:�J[01105
CTA PROJ. NO: I DRAWN BY: I CHECKED BY:I MANAGED BY: -DRAWING NAME: SKETCH DATE: AE5 PROJFCT Nn: ISSUE
CRAVL' J *THOMPSON & ASSOL,ATES, INC.
ENGINEERS PLANNERS SURVEYORS
3563 N.W. 53RD STREET, FORT LAUDERDALE, FLORIDA 33309 FAX: (954) 739-6409 TEL
(954)739-6400
FLORIDA UCENSED ENCAIEERINC, SURNEYINC do 1AAPPINC BUSINESS No. 271
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ENGINEERS PLANNERS SURVEYORS
3563 N.W. 53RD STREET, FORT LAUDERDALE, FLORIDA 33309 FAX: (954) 739-6409 TEL.: (954)739-6400
FLORIDA LICENSED ENGINEERING, SURNEYINC & MAPPING BUSINESS No. 271
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A 4 FOOT STRIP OF LAND BEING A PORTION OF SECTION 27,TOWNSHIP 50 SOUTH,RANGE 42 EAST,
CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF PARCEL A"OF FORT LAUDERDALE-HOLLYWOOD
INTERNATIONAL AIRPORT FIFTH ADDITION ,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 162,PAGE 44 OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA,SAID POINT BEING ON A
A CURVE CONCAVE TO THE EAST HAVING A RADIAL BEARING OF NORTH 61'3Z55"WEST FROM THE
RADIUS POINT OF SAID CURVE,SAID CURVE ALSO BEING THE WEST RIGHT OF WAY LINE OF THE
FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY; THENCE ALONG SAID WEST RIGHT-OF-WAY
NORTHERLY ALONG SAID CURVE HAVING A RADIUS OF 2342.01 FEET AND A CENTRAL ANGLE OF 2'24'00'
FOR AN ARC DISTANCE OF 98.10 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO EAST
HAVING A RADIAL BEARING OF SOUTH 65'52'26"EAST FROM THE LAST DESCRIBE POINT; THENCE
NORTHERLY ALONG SAID CURVE HAVING A RADIUS OF 1943.08 FEET AND A CENTRAL ANGLE OF
00'19'13"FOR AN ARC DISTANCE OF 10.86 FEET TO THE POINT OF BEGINNING (THE SIDE LINES OF SAID
STRIP OF LAND TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS ON THE
AFOREMENTIONED CURVE); THENCE NORTH 81'52'O7"WEST,A DISTANCE OF 14.59 FEET TO THE POINT
OF TERMINATION (THE SIDE LINES OF SAID STRIP OF LAND TO BE EXTENDED OR SHORTENED TO MEET
AT ANGLE POINTS A LINE HAVING A BEARING OF NORTH 12'38'13'EAST);
SAID LANDS SITUATE IN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA,CONTAINING 58
SQUARE FEET,MORE OR LESS.
UPDATES and/or REVISIONS C•,TE BY CK'D CITY OF DANIA PARCEL
REV. 24' PIPELINE TO 26" 4/12/05 BAS DMD COUNTY FOLIO NO. 50-42-27-00-0400
EXHIBIT �'
SHEET J OF J.
ISSUED DATE:044/ 210
CTA PROJ. NO: DRAWN BY: CHECKED BY: MANAGED BY: DRAWING NAME: SKETCH DATE: AES PROJECT NO: ISSUE
CRAVL J • THOMPSON & ASSOC,,ATES, INC.
ENGINEERS PLANNERS - SURVEYORS
3563 N.W. 53RD STREET, FORT LAUDERDALE, FLORIDA 33309 FAX: (954) 739-6409 TEL.: {954)739-6400
FLORIDA LICENSED ENCINEERfNC, SURVEYING k IAAPPWC BUSfNESS No. 271
FLORIDA LICENSED LANDSCAPE ARCHITECTURE BUSINESS No. C000114
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UPDATES and/Or REVtSIONs IDATE I BY CK'D CITY OF DANIA PARCEL
• REV. 24" PIPELINE 70 16" 4/12/05 8AS I DMO
COUNTY FOLIO NO. 50-42-27-00-0400
EXHIBIT
SHEET ;_4 OF 4_
ISSUED DATE: 044/12105
CIA PROJ. ND: I DRAWN BY: I CHECKED BY:I MANAGED SY: DRAWING NAME: ISKETCH nATF• AFS PRn.LrT Nn• ,c�--nc