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HomeMy WebLinkAboutR-2003-275 Agreement to mitigate impacts Phillips Petroleum - Stiles Development RESOLUTION NO. 2003- 275 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, THE STILES DEVELOPMENT COMPANY, AND THE CITY OF DANIA BEACH RELATING TO THE MITIGATION OF IMPACTS FOR PROPERTY LOCATED AT 1300 SE 32ND STREET, IN CONNECTION WITH THE "PHILLIPS INDUSTRIAL PARK" PLAT; SUBJECT TO CERTAIN "TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Stiles Development Company, is the developer of the plat known as the "Phillips Industrial Park" Plat, (Development Management Division File No. 036-MP- 03), hereinafter referred to as the "Plat"; and WHEREAS, the Plat was approved by the City Commission of the City of Dania Beach on September 9, 2003; and WHEREAS, certain property within the Plat has been designated a Native Vegetative Community "Local Area of Particular Concern" ("LAPC") or an "Urban Wilderness Area" or both by the Board of County Commissioners of Broward County and has been determined to be environmentally sensitive lands; and WHEREAS, it is the desire of the City Commission to formally approve and enter into an Agreement on behalf of the City of Dania Beach with the Broward County Board of County Commissioners and the Stiles Development Company; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the Agreement among the Broward County Board of County Commissioners, Stiles Development Company, and the City of Dania Beach, a copy of which Agreement is attached as Exhibit "A" to this Resolution. Section 2. That the proper City Officials are authorized to execute the Agreement and the City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper and in the best interest of the City. 1 RESOLUTION NO. 2003-275 Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on December 8, 2003 A O MAYOR OMMISSIONER AT EST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY -YES CHARLENE 10HJISON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVED AS TO F RM AND CORRECTNESS: BY: / T OM�S J. AN BRO CITY ATTORNEY 2 RESOLUTION NO. 2003-275 Return recorded copy to: Development Management Division 115 S.Andrews Avenue, A240 Fort Lauderdale, FL 33301 f� Document prepared by: AGREEMENT TO MITIGATE IMPACTS UPON LOCAL AREA OF PARTICULAR CONCERN This is an Agreement made and entered into by and between: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," AND Stiles Development Company , its successors and assigns, hereinafter referred to as "DEVELOPER", [AND IF PROPERTY IS LOCATED WITHIN A MUNICIPALITY] The City of Dania Beach, a municipal corporation created and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "CITY." WHEREAS, the Phillips Industrial Park Plat (Plat No. 036-MP-03), as legally described in Exhibit "A" and hereinafter referred to as the "Plat," was approved by the Board of County Commissioners of Broward County on , 20_; and WHEREAS, the Plat was approved by the City (if applicable) on September 9 , 20 03 and WHEREAS, certain property*'within the PLAT has been designated a Native Vegetative Community "Local Area of Particular Concern" ("LAPC") or an "Urban Wilderness Area,"or both, by the Board of County Commissioners of Broward County; and WHEREAS, lands designated a Native Vegetative Community, Local Area of Particular Concern or an Urban Wilderness Area,as described in the Broward County Land Use Plan, have been determined to be environmentally sensitive lands; and WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, requires that plats of land including property which has been designated an LAPC or an Urban * As more particularly described in Exhibit A-1, a copy of which is attached and incorporated by this reference Wilderness Area shall be developed consistent with conditions determined by the Board of County Commissioners to be necessary to preserve the environmental sensitivity of such property, as set forth in Section 5-1820) of the Broward County Land Development Code ; and WHEREAS, the Developer has agreed to preserve the entire extent of the LAPC within the plat in its natural state; and WHEREAS, pursuant to Section 5-182(j)(1)e) of the Broward County Land Development Code the requirement for the preparation of Environmental Impact Report is waived subject to compliance with the specific conditions set forth in Section 5- 1820)(1)e) of the Broward County Land Development Code; and WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, requires as a condition of the issuance of a development order for the PLAT that the DEVELOPER execute and record an agreement which will ensure compliance with the requirements of Section 5-1820)(1)e) of the Broward County Land Development Code; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions and promises hereinafter set forth, the parties do agree as follows: 1. The above recitals and representations are true and correct and are incorporated herein. 2. DEVELOPER shall fully perform and complete the mitigation measures described in Exhibit "B," attached hereto and incorporated herein, consistent with the time frames set forth therein. If the provisions of Exhibit "B" include obligations to maintain improvements, DEVELOPER shall furnish security, in a form acceptable to the COUNTY, in an amount sufficient to insure such maintenance forthe required time period. 3. The parties agree that compliance with the terms of this Agreement shall satisfy the requirement of Chapter 5, Article IX, Broward County Code of Ordinances, with respect to the Plat. Proposed developments that include all or any part of any lands designated as environmentally sensitive lands shall be developed subject to conditions determined to be necessary to reduce the impact of development on such lands. COUNTY agrees that this Agreement satisfies the requirements of the Broward County Land Development Code with respect to the protection of environmentally sensitive lands. 4. If DEVELOPER fails to perform its obligations as set forth herein, COUNTY may take any or all of the following actions to insure compliance with the Broward County Comprehensive Plan, the Land Development Code and the terms .of this Agreement: 2 (a) Call upon any security provided pursuant to paragraph 2 and complete the mitigation requirements; • (b) Withhold building permits and certificates of occupancy for development within the PLAT, or if the PLAT is located within a municipality, request the municipality issuing permits to withhold building permits and certificates of occupancy, until the DEVELOPER'S obligations are current. (c) COUNTY shall be entitled to injunctions, both preliminary and final, enjoining and restraining DEVELOPER'S breach of this Agreement, specifically enjoining damage or destruction of the natural resources of the property within the PLAT. 5. If the property is located within a municipality, the parties hereto agree that, except as may otherwise be provided herein, the CITY is a party to this Agreement solely forthe purpose of issuing orwithholding the issuance of permits forthe construction of buildings within the property subject to this Agreement and for the purpose of issuing or withholding the issuance of certificates of occupancy for buildings within the property subject to this Agreement. The parties specifically agree and recognize that nothing in this Agreement is a waiver, specific or otherwise, of the obligation of the DEVELOPER to strictly comply with all the requirements of the CITY's land development codes. 6. Upon DEVELOPER'S completion of the mitigation measures specified in Exhibit"B" • and provision of adequate security, if required, as described in paragraph 2, and upon demonstration of such completion to the reasonable satisfaction of COUNTY, the COUNTY shall record a release in the Official Records of Broward County, Florida, indicating DEVELOPER'S compliance with the terms of this Agreement. 7. NOTICE. Whenever any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified;the place for giving of notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places forgiving notice: • 3 For the COUNTY: Broward County Development Management Division Governmental Center, Room A-240 115 South Andrews Avenue Fort Lauderdale, Florida 33301 For the CITY: City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 For the DEVELOPER: Stiles Development Co. Jason Howe 300 SE 2nd Street Fort Lauderdale, FL 33301 8. RECORDATION. This Agreement shall be recorded in the Public Records of Broward County Florida, at the DEVELOPER'S expense. The benefits and obligations contained in this Agreement shall inure to grantees, successors, heirs, and assigns who have an interest in the PLAT. 9. VENUE: CHOICE OF LAW. Any controversies or legal issues arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State Courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall be governed by the laws of the State of Florida. 10. CHANGES TO FORM AGREEMENT. DEVELOPER represents and warrants that there have been no amendments or revisions whatsoever to the form Agreement without the prior written consent of the County Attorney's Office. Any unapproved changes shall be deemed a default of this Agreement and of no legal effect. 11. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. 4 12. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. U. EXHIBITS. All Exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. Typewritten or handwritten provisions inserted in this Agreement or attached hereto shall control all printed provisions in conflict therewith. 14. FURTHER ASSURANCES The parties hereby agree to execute,acknowledge and deliver and cause to be done, executed, acknowledged and delivered all further assurances and to perform such acts as shall reasonably be requested of them in order to carry out this Agreement. 15. ASSIGNMENT AND ASSUMPTION DEVELOPER may assign all or any portion of its obligations pursuant to this Agreement to a grantee of the fee title to all or any portion of the property described in Exhibit "A." DEVELOPER agrees that any assignment shall contain a provision which clearly states that such assignment is subject to the obligations of this Agreement. - 16. AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and • executed by the parties to the Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 5 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through • its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action on the day of 20_; , signing by and through its ,duly authorized to execute same and the CITY, signing by and through its , duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By County Administrator and Ex- Mayor Officio Clerk of the Board of County Commissioners of Broward day of , 20 County, Florida .Q . Approved as to form Office of County Attorney Broward County, Florida Governmental Center, Suite 423 • 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 BY Assistant County Attorney day of , 20_ • 6 DEVELOPER-INDIVIDUAL SWitnesses: (Signature) Name of Developer(Individual) Print name: (Signature) (Signature) Print name: Print name: Print address: day of , 20_ ACKNOWLEDGMENT - INDIVIDUAL STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ® , 20_, by who is [ ]personally known to me, or [ ]produced identification. Type of identification produced NOTARY PUBLIC: (Seal) Print name: My commission expires: ® 7 DEVELOPER-CORPORATION/PARTNERSHIP Witnesses partnership): Wes p hip). Name of De corporation/partnership) - Lam. By nat re) (Signature) Pri t ame: Print name: be,,)n ts 0S Title: Vice. Pres-c�,,,+ Address: 3co sc �= (Signature) I FL3 sods Print name: L. &v )S day of Iz,Y. , 20 e . ATTEST (if corporation): (CORPORATE SEAL) (Secretary Signature Print Name of Sec tary: Wl-(A � A. �cnes ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP ® STATE OF YlCe2i16 -- ) COUNTY OF,L&C(J-Z/ SS. The foregoing instrum nt wad acknowled a before me t is. day of �'Y�'htiJ b 20u by as / of S,� OL,� , a c .— corporation/partnership, on behalf of the corporation/ partnership. He or she is: ----[-� ]personally known to me, or [ ]produced identification. Type of identification produced Patricia Clements Commission#DD215188 ;20,• = :e=Expires:Jun 14,2007 NO RY PUBLIC: (Seal) 9 Bonded Thru Atlantic Bonding Co.,Inc. My commission expires: Print name: Patricia Clements 8 AGREEMENT TO MITIGATE IMPACTS UPON LOCAL AREA OF PARTICULAR CONCERN • CITY WITNESSES: CITY of By IV or-Commissioner y day of , 20 ATT ST: B � ity fvTanager City Clerk — day,Qf , 20 APPROVED AST D FORM: ® By 4A (� i A omey ® 9 S EXHIBIT "A" ® LEGAL DESCRIPTION All that part on the Northeast one—quarter ,(NE Y4) of the Southwest one—quarter (SW Y4) of Section 23, Township 50 South, Range 42 East, lying,North and West of the Broward Count Port Authority Railroad right—of—way, and also all that part of the Northeast one—quarter �NE Y4) of the Northwest one—quarter (NW Y4) of the Southeast .one-quarter (SE Y4), of the Southwest one quarter (SW Y) of Section 23, Township 50 South, Range 42 East, lying North of the said Port Authority Railroad right—of—way; LESS AND EXCEPT a 0.605 acre tract of land out the East half (E Y2) of the Southwest one—quarter (SW Y4) of Section 23, Township 50 South, Range 42 East, as described in Special Warranty Deed from Phillips Petroleum Company to the State of Florida dated March 25, 1983 and recorded in Official Records Book 10788, Page 384 of the Public Records of Broward County, Florida. PARCEL 2 The North 100 feet of that part of the Northeast one—quarter (NE Y) of the Southwest one—quarter (SW Y4) of Section 23, which lies East of.the said right—of—way of the Broward County Port Authority Railroad. 10 -10/21/03 16:08 FAX 8546278188 STILES VEVELUFMINi "wJuVGiVUG' EXHIBIT "B" MITIGATION MEASURES 1) The entire extent of the Local Area of Particular Concern Site within the plat shall be preserved in its natural state. 2) All undesirable and invasive exotic vegetation shall be removed from the site utilizing methods acceptable to County staff that provide for less than five percent (5%) area ,coverage by exotics.A management plan shall be approved by County staff prior to plat recordation. 3) All areas devoid of vegetation shall be planted pursuant to an approved plan to provide for eighty percent (80%) area. coverage within three (3)years by desirable vegetation consistent with the existing native plant community. regimen 4) For wetland communities, the historic hydrologic shall be re-established or the hydrology enhanced to the greatest degree practicable. 5) A Conservation Easement shall be granted, in favorof Broward County, to provide for preservation and maintenance of the Local Area of Particular Concern Site, in perpetuity. The conservation easement shall be recorded in the Official Records prior to plat recordation. • 6) This agreement shall be executed among the Developer, City, and Broward County to mitigate impacts that development on adjoining property may have upon the Local Area of Particular Concern Site. This agreement shall be recorded in the Official Records prior to plat recordation. 7) The Developer shall place a note on the face of the plat indicating the Official Record Book and Page Number of the recorded conservation easement and the Official Record Book and page number of this recorded mitigation agreement. 8) The Developer shall place a note on the face of the plat indicating that the property contains a Local Area of Particular Concern that has been designated by the Board of County Commissioners as environmentally sensitive. 9) The Developer shall place a note on the face of the plat indicating that the site has been designated as a Natural Resource Area by the Broward County Board of County Commissioners and any clearing activities must be in compliance with Section 5-279, Broward County Code of Ordinances and other applicable state, federal and local ordinances. 10) The Developer shall delineate the boundaries of the Local Area of Particular Concern Site on the plat. 11 GBEENBEBG A T T O R N E Y S A T L A W IBflUBIG Ha11B@gtlaw.com Barbara A. Hall www.gtlaw.com Phone: (954)768-8236 Fax: (954) 765-1477 December 30, 2003 VIA FACSIMILE AND OVERNIGHT MAIL Tom Ansbro Weiss Serota Helfman 3111 Stirling Road, Suite B Ft. Lauderdale, Fl 33312 Re: LAPC Agreement/Phillips Industrial Park Plat Dear Tom: I am enclosing the original recorded Declaration of Voluntary Restrictive Covenants relating to the LAPC Agreement for the Phillips Industrial Park Plat. Would you please authorize the execution of the LAPC Agreement by the City of Dania Beach and advise the City Clerk and my office when the executed agreement is ready to be picked up. Thank you. Very truly yours, Barbara Hall BAH/mmk cc: Jason Howe GREENBERG TRAGRIG. P.A. POST OFFICE Box 14036 FORT LauuFiu).uF.. Fi.wm)i 33302 401 F.asr LAs OI.A� BoEI.EYARb Surrv' 2000 Fo u'r FLORID:v 33301 95d- 65-0500 F:k\ 954-765-147; www. tl.nv.cotn Am I;'I'vii 0\,N1 ATI.ANFr 11(w.� R:rro-, Bos'ro;N Cmc,kI;o Dv-, rR FORT L1UOF:Ro.-uii Lug \,Ncvi.I:s Nli.- Jn NEVV JERSFti 'NEW YORK OR I,\Vuu Pim.tnr,I.i,m, Pum-;ix TAI .AUASrEE T)' 0Y� C(MNEIR WvSIIINGTON. D.C. 1\ F:�r PvL-M I3 EAi:n AVILMIsGTOX Z(iml.Ii INSTR#103586033 OR BK 36622 Pages 877-883 RECORDED 12/19/03 16:01:53 This document b BROWARD COUNTY COMMISSION prepared y DEPUTY CLERK 2015 and return to: #1,7 Pages Barbara A. Hall, Esq. Greenberg Traurig, P.A. 401 E. Las Olas Boulevard, Suite 2000 Ft. Lauderdale, FL 33301 (954)768-8236 DECLARATION OF VOLUNTARY RESTRICTIVE COVENANTS THIS DECLARATION OF VOLUNTARY RESTRICTIVE COVENANTS made this i day of DOCE Tin N TL , 2003, by CONOCOPHILLIPS COMPANY, a Delaware corporation, whose mailing address is 600 N. Dairy Ashford, Suite 8018 TN, Houston, Texas 77079, its successors and assigns to the Property described below (the "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the fee title owners of certain lands lying and being in the City of Dania Beach, Broward County, Florida, which property is described in Exhibit "A" attached hereto (the "Property") and is being platted as the Phillips Industrial Park Plat (the "Plat"); and WHEREAS, the Property includes an area, described in Exhibit "B" that has been designated as a Local Area of Particular Concern (the "LAPC"); and WHEREAS, Broward County is requiring as a condition of approval of the Plat that the Property Owner enter into an agreement that regulates the use of the LAPC ("LAPC Agreement"); and WHEREAS, Broward County is requiring the City of Dania Beach ("City") to be a party to the LAPC Agreement for the purpose of ensuring that building permits are not issued in a manner that is inconsistent together with the LAPC Agreement; and WHEREAS, the City as a condition of its approval of the LAPC Agreement wishes to ensure that the wetland areas within the LAPC shall not be used in a manner that would facilitate expansion or the operations of the Fort Lauderdale Hollywood International Airport ("Airport") or Port Everglades ("Port") by providing wetland mitigation to offset impacts to wetlands resulting from such expansion or operations, or to offset any other wetland impacts relating to property owned by Broward County or owned by a third party and used by Broward County; NOW, THEREFORE, the Property Owner hereby declares that the LAPC shall hereafter be held, maintained, transferred, sold, conveyed and owned subject to the following restrictive covenant: it 1--ill AH:A LLfI\Sl?0'_`�(13Ub i.,U 1_.DOC%I I/9/01V99902.3 6476S -1 1. Recitations. The above recitals are true and correct and are incorporated herein by this reference. 2. Restriction. The Property Owner hereby agrees that the LAPC shall not be used as mitigation to offset wetland impacts resulting from Airport or Port operations, or any expansion of the Airport or the Port, or to offset any other wetland impacts relating to property owned by Broward County or owned by a third party and used by Broward County . 3. Covenant Running with the Land. This Declaration of Voluntary Restrictive Covenants shall be recorded in the Public Records of Broward County, Florida, at Property Owner's expense, and shall run with the land described in Exhibit "B" and be binding on all parties and all persons acquiring title to the Property. 4. Enforcement. The City, through its City Commission, is the beneficiary of this Declaration of Voluntary Restrictive Covenants, and as such, the City may enforce the terms of this Declaration. Any breach, as determined by the City, of this Declaration shall justify and allow the City to apply to any Court of law or equity having jurisdiction for an injunction or other proper relief, and if such relief be granted, the Court may, in its discretion, award to the prevailing party in any such action, the reasonable expenses in prosecuting the suit, including reasonable attorney fees and legal costs. In the event of any breach of any provisions of this Covenant, any delay or failure on the part of the City to exercise any rights, powers or remedies provided in this document shall not be construed as a waiver of them or acquiescence in them. 5. Modification and Termination. This Declaration of Restrictive Covenants may only be modified or terminated by a recorded instrument executed by the City and the Property Owner, or its successor in Title to the LAPC. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. Signed, sealed and delivered GRANTOR: In the presence of: CONOCOPHILLIPS COMPANY, a Delaware corporation By: V_n. . 5a� � � -- '�� Name: f�X N (�_�7l�tE�✓ � sfo OIL Title: -!Marne; in Eact Print Name 4 t. P, l 11,4hi9, Print Name tI-.101MALLBA50302h03\1b7,,03_.D0n I'M07V99902._647G5 2 STATE OF wee,4 as ) . SS: COUNTY OF 141-r (-I S ) The foregoing instrument was acknowledged before me this LT day of ecrmliv 2003 by Kevi h as the R4vrn-in-:,et of CONOCOPHILLIPS COMPANY, a Delaware corporation, on behalf of the corporation. He is personally known to me. Notary: [NOTARY DIANE K. MCMINN Print Name: D 1 41'►'C� 1 YI >2_ Notary Public,State of Texas My Commission Expires }�Notar Public, State of —re YALS July as,2004 My commission expires: 4 • it ki,0I M A LLM503022,03\Ih7,03_DOCv 1219/03V99902.364768 3 EXHIBIT "A" LEGAL DESCRIPTION; All that part on the Northeast one—quarter (NE Y4) of the Southwest one—quarter (SW Y4) of Section 23, Township 50 South, Range 42 East, lying North and West of the Broward County Port Autorithy Railroad right—of—way, and also all that part of the Northeast one—quarter (NE Y4) of the Northwest one—quarter (NW Y4) of the Southeast one—quarter (SE Y4), of the Southwest one quarter (SW Y4) of Section 23, Township 50 South, Range 42 East, lying North of the said Port Autorithy Railroad righ t—of—way, LESS AND EXCEPT a 0.605 acre tract of land out the East half (E Y2) of the Southwest one—quarter (SW Y4) of Section 23, Township 50 South, Range 42 East, as described in Special Warranty Deed from Phillips Petroleum Company to the State of Florida dated March 25, 1983 and recorded in Official Records Book 10788, Page 384 of the Public Records of Broward County, Florida. PARCEL 2 ® The North 100 feet of that part of the Northeast one—quarter (NE 'Y4) of the Southwest one—quarter (SW Y4) of Section 23, which lies East of the said right—of—way of the Broward County Port Autorithy Railroad. EXHIBIT "B" LAND DESCRIPTION • CONSERVATION EASEMENT STILES DEVELOPMENT CITY OF DANIA BEACH,BROWARD COUNTY, FLORIDA A portion of the Northeast one-quarter (NE 1/4 ) of the Southwest one-quarter (SW 1/4) of Section 23, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: COMMENCING at the Northwest corner of said Northeast one-quarter(NE '/4) of the Southwest one-quarter(SW '/4) of Section 23; THENCE South 01°41'28" East on the West line of said Northeast one-quarter(NE '/4) of the Southwest one-quarter(SW %4) of Section 23, and the West line of C.B.I. PLAT NO. 2, according to the plat thereof as recorded in Plat Book 162,Page 12 of the Public Records of Broward County, Florida, for a distance of 200.00 feet to the POINT OF BEGINNING; THENCE North 88°18'32" East, a distance of 250.00 feet; THENCE South 01°41'28" East, a distance of 550.00 feet; ® THENCE South 46'43'15" East, a distance of 30.00 feet; THENCE North 88°18'32" East, a distance of 145.00 feet; THENCE South 01°41'28" East, a distance of 469.76 feet to the intersection with the North right-of-way line of Eller Drive as described in Official Record Book 10788, Page 385 of the Public Records of Broward County,Florida, said point being located on the arc of a non-tangent curve concave to the Southeast and from which the radius point of said curve bears South 14°38'04" East; THENCE Southwesterly on said North right-of-way line and on the arc of said curve, having a radius of 180.00 feet, through a central angle of 36°21'20", an arc distance of 114.21 feet to a point of tangency; THENCE South 39°00'38" West on said North right-of-way line, a distance of 64.01 feet to the intersection with the South line of said Northeast one-quarter(NE 1/4) of the Southwest one-quarter(SW I/4), of Section 23 and North line of"PORT EVERGLADES WAREHOUSE PLAT No. 3", according to the plat thereof as recorded in Plat Book 97, page 44 of the Public Records of Broward County, Florida;; • Prepared by: CALVIN,GIORDANO&ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida September 29,2003 P:\Projccts1.2003\033077 Stiles ConocoPhillips Plat\SURVEY\Lcgal Descriptions\Parcel B Stiles Development.doc SHEET 1 OF 3 SHEETS THENCE South 88°05'37" West on said South line of the Northeast one-quarter(NE %4), of the Southwest one-quarter(SW 1/4) of Section 23 and said North line of PORT EVERGLADES WAREHOUSE PLAT NO. 3, for a distance of 278.34 feet to the Southwest comer of said Northeast one-quarter(NE I/4) of the Southwest one-quarter (SW %4) of Section 23; THENCE North 01041'28" West on said West line of the Northeast one-quarter (NE 1/4 ), of the Southwest one-quarter (SW 1/4 ) of Section 23, the East line of said PORT EVERGLADES PLAT NO. 3, the East line of COON HOLDINGS PLAT, according to the plat thereof as recorded in Plat Book 168, Page 16 of the Public Records of Broward County, Florida and said East line of C.B.I. PLAT NO. 2, for a distance of 1148.59 feet; to the POINT OF BEGINNING. Said lands lying and being in the city of City of Dania Beach, Broward County, Florida, containing 373,912 square feet (8.5838 acres)more or less. SURVEYOR'S NOTES: 1. Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 2. Lands shown hereon were not abstracted by the Surveyor for rights-of-way, easements, ownership, or other instruments that may appear in the Public Records of Broward County,Florida. 3. Bearings shown hereon are relative to the North line of the Southwest one-quarter (SW '/4 ) of Section 23, Township 50 South, Range 42 East, having a bearing of North 88002'56 East. 4. Information shown hereon does not represent a Boundary Survey. CAJVI , GIORDANO S TES,I11'C. Date: , G egory . Ctteyyor s rofessional and Mapper Florida Registration Number LS 4479 Prepared by. CALVIN,GIORDANO&ASSOCIATES.INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida Septcmcer 29,2003 P:\Projects\21003\033077 Stiles ConocoPhillips Plat\SURVEY\Legal Dcacriptions\Parccl B Stiles Devclopmcnt.doc SHEET 2 OF 3 SHEETS SKETCH OF DESC R-IPTION CONSERVATION EASEMENT STILES DEVELOPMENT CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA N.W. CORNER NW 1/4. NE t SW Y. OF SEC 23-50-42 /NOR TH OF SEC 3NE OF 5OE 42W Y P.0.C. 3 00 o N p �O O Z�PN,8.11,,32.E 0.B. 250.00' C, I I WN U t� v 6 � H W � W o N B.C.R. = BROWARD COUNTY RECORD m z« o q = CENTERLINE ° Z n D.B. = DEED BOOK o gt N P.B. = PLAT BOOK a Q W Q a =` PG. = PAGE — N P.O.B. = POINT OF BEGINNING Z a a- 0 P.O.C. = POINT OF COMMENCMENT a mw R.R. = RAIL ROAD t R/W = RIGHT—OF—WAY i • In SEC. = SECTION o 0 U W 00 ,O1n N88'18'3YE i IL v 145.00' ir 0 o = 546'43'15"E m In 30.00' t } Wto of It o In PARCEL A� R=180.00' 'COON HOLDINGS PLAT' PARCEL 18' (PR /68. PG 16 B.C.R) CA=36'21'20" OR EVERGLADES PLAT No. L=114.21' (P,B. 151. PC -m ack) S39'00'38"W 64,01' ELLER DRIVE PARCEL 7A' 6• o THOROUGHFARE DEDICATION 3g "PORT EVERGLADES " N°r 55.pG• (P,B. 151, PG, 35. B.C.R. WAREHOUSE PLAT No. .3' S$$'05'37 W (P.R 97, PG 44, aCR.) 278.34' ° ELLER DRIVE TH UNE OF THE HE O4 OF THE SW$ of -42 iA pUtHORIt 1-595 R/W 41, AioA At EL 12, P9. BR0Y(ARD COUNTY pORj (�85OR95-40& 9-2D-9% aCR) Calvin, Giordano 5 Associates, Inc. STILES DEVELOPMENT scALE PROJECT No SHEET r® Engineers Surveyors Planners 1"=200' 03-3077 1500 Eller Drive, Suite 600 SKETCH OF DESCRIPTION Fort Lauderdale. Florida 33316 DATE CAD PILE 0 Phone: 954.921.7781 Fax 954.921.8807 PARCEL "B" Certificate of Authorization 6791 09-17-03 SEE BELOW OF 3 AGENDA REQUEST FORM CITY OF DANIA BEACH 7 //AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: DECEMBER 8, 2003 2. DESCRIPTION OF AGENDA ITEM: MITIGATION AGREEMENT REQUEST(CONTINUED FROM 11/25/03) 3. COMMISSION ACTION BEING REQUESTED: GENERAL APPROVAL 4. SUMMARY EXPLANATION & BACKGROUND: Philips Plat Mitigation Agreement request to be entered between the Broward County Board of Commissioners, City of Dania Beach and Stiles Corporation. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Letter from applicant with three copies of the Agreement to Mitigate Impacts Upon LAPC Draft copy of the Deed of Conservation Easement and Agreement from applicant 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ ® 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date December 3, 2003 Community Development Department City Manager Date r CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT DATE: November 25, 2003 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Church, AICP, Principal Planner NQ SUBJECT: PL-51-03: A request by Conoco Phillips Company for City Commission approval of a tri-party agreement to mitigate Impacts for property located at 1300 SE 32 Street. The applicant is requesting City Commission approval of a proposed tri- party agreement relating to the mitigation and preservation of wetlands located within a portion of this plat. This agreement is a between the City of Dania Beach, Broward County and the property owner. The plat for this project, Phillips Industrial Plat, was approved by the City Commission on September 9, 2003. On November 12, 2003 the City Commission continued this item to allow the applicant to confirm that the conservation area portion of this plat cannot be used to mitigate wetlands lost due to runway expansion. The city attorney requested written verification from the Broward County Attorney. The applicant now proposes the City and Developer enter into a separate agreement that prohibit the Developer or successors in title from ever selling any portion of the wetlands to the County for airport expansion use. The City Attorney indicates that a separate covenant restricting the use of the property can address this issue, and as such, has requested this item be re-agended for the November 25 commission meeting. STAFF RECOMMENDATION Approval, subject to the recording of a restrictive covenant approved by the city attorney, prior to execution of the tri-party agreement. Cc: Tom Ansbro, City Attorney NATIONAL DEVELOPER V4 OF THE YEAR MiES "• DEVELOPMENT CO, 300 S.E.2nd Street Ft.Lauderdale,FL 33301 954.627.9160 964.627.9288 Fax October 17, 2003 sfiles.com Info@stiles.com Corinne Church,AICP Principal Planner City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,Florida 33004 RE: Phillips Industrial Plat—Agreement to Mitigate Impacts Upon LAPC Dear Corinne: Please rind three copies of the Agreement to Mitigate Impacts Upon LAPC. As you will note, I have addressed the City Attorney's comments with the exception of comment# 2 relating to the Plat Approval dates. The County will not approve the Plat until after this agreement is completed and although the City approved the Plat, it still must have a second reading. It would appear that I need to get the document signed by the City and then the County and as the Plat receives final approval, we will add in the appropriate dates prior to recording the agreement. As always, your assistance in this matter is greatly appreciated. Sincerely, S LES DEVELOPME CO. Jas W. Howe De elopment Manager HAMVELWscnh\Pon Evejadestafter-pry of DaNa Beech LAM Agreemw"2.dx A Division of Stiles Corporation • A Full Service Real Estate Development Company Fort Lauderdale,FL • Fort Myers,FL • Atlanta,GA • Nashville,TN • Charlotte,NC CITY OF DANK BEACH MEMORANDUM TO: Corrine Church,Principal City Planner FROM: Tom Ansbro, City Attorney DATE: October 14, 2003 RE: Review of Phillips Plat Mitigation Agreement to be Entered Into Among City, Broward County and Stiles Corporation Per your request, I reviewed the "Agreement to Mitigate Impacts Upon Local Area of ® Particular Concern", drafted by the Broward County Attorney's Office, for execution by City and County officials and the Stiles Corporation. The only City obligations are those appearing in paragraph 5 of page 3, in which it is stated that the City is a party to the Agreement" solely for the purpose of issuing or withholding the issuance of permits for the construction of buildings within the property . . . and for . . . issuing or withholding . . . certificates of occupancy for buildings within the property . . ." If the City simply obtains written County confirmation at permit, application, Certificate of Occupancy application, or both stages of applications for issuance, to ensure that the County has no objection to issuance, the City obligations will be satisfied. There are several other relatively minor comments to address as to the form of the document: 1) Page 1, top paragraph: the name of the"Developer" is missing. 2) Page 1, plat approval information in the first and second "Whereas" clauses will need to be supplied. 3) Page 4, paragraphs "8 and 9", if there are any, are missing (see paragraph 7, "Notice"; the next numbered paragraph is paragraph 10, "Recordation"). 4) Exhibit`B", "mitigation measures": a)paragraph 3, second line,word"area"is misspelled as "areal" b)paragraph 4, first line, word"regimen"is misspelled as "regime". `J�4b-(JZdd 11%12.03 15:57 FAX 95.16279288 STILES DEVELOPMENT ® STILES DEVELOPMENT CO. 300 SE 2"4 Street Fort.Lauderdale,Florida 33301 (954)627-9160 FAX: (954) 627-9288 FACSIMILE TRANSMISSION DATE: Wednesday, November 12, 2003 TO: Corinne Church COMPANY: City of Dania Beach FAX A (954)922-2687 FROM: Jason Howe RE: Conservation Easement NUMBER OF PAGES (INCLUDING COVER): ® MESSAGE: A Full Service RW Estatc Development Company 1.11ic U0 10:oo rya VD40trvzoo J11Lta VbVhLUFXhN1' 02 Document prepared by: Return recorded document to: Department of Planning &Environmental Protection Biological Resources 218 S.W. 1 Avenue Fort Lauderdale, FL 33301 DEED OF CONSERVATION EASEMENT AND AGREEMENT (Wetlands) THIS DEED OF CONSERVATION EASEMENT("Conservation Easement") is given this day of � October , 2003 , by Conoco Phillips Company (address) Post Office Box 2197 - TN 8018, Houston, TX 77252 ("Grantor")to Broward County, a political subdivision of the State of Florida, its successors and assigns. ("Grantee"), whose post office is 115 South Andrews Avenue, Suite 423, Fort Lauderdale, Florida 33301. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Broward County, Florida, .and, and, more specifically described in Exhibit A, attached hereto and incorporated ted herein by reference and referred to herein as the "Property"; and WHEREAS, the Grantor desires to construct (name of project) Phillips Industrial Plat ("Project") on the Property, which Project is subject to the regulatory jurisdiction of the Broward County Department of Planning and Environmental Protection ("DPEP"); and WHEREAS, DPEP License No. ("License") as may be modified or reissued, authorizes certain activities that may impact wetlands or may require the preservation of wetlands on the Project site; and WHEREAS, the Grantor has developed and proposed as part of the license conditions a conservation tract, and buffers, as described in Exhibit B attached hereto and incorporated by reference, involving creation, restoration, enhancement and/or preservation of the wetland and/or upland systems ("Conservation Area"); and WHEREAS, the Grantor, in consideration of the consent granted by the License is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as ii L&I Vo 10too ri:a UD404/vzoo VtVtLUVXh.V'l 41003 defined in Section 704.06, Florida Statutes (2001), as amended, over the Conservation ® Area. _ NOW, THEREFORE, in consideration of the issuance of the License to construct and operate the permitted activity, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for the Grantee upon the Conservation Area which shall run with the property as described in Exhibits A and B, and be binding upon the Grantor, its heirs, successors or assigns (hereinafter "Grantor"), and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. ft is the purpose of the Conservation Easement to retain land and/or water of the Conservation Area in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. It is the purpose and intent of this Conservation Easement to assure that the Conservation Area will be retained and maintained forever predominantly in the vegetative and hydrologic condition as specified in the License. The Conservation Area shall be maintained forever by the Grantor, its heirs,successors, or assigns, in the enhanced, restored, preserved and/or created conditions required by the License. To carry out this purpose,the following rights are conveyed to Grantee by this easement: (a) To enter upon the Conservation Area(Exhibit B) in a reasonable manner and ® at reasonable times with any necessary equipment or vehicles to ensure compliance and to enforce the rights herein granted, and to cross such portions of the Property(Exhibit A) as reasonably necessary to exercise such right. (b) To enjoin any activity on or use of the Conservation Area that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Area that may be damaged by any inconsistent activity and/or use. Grantee shall be entitled to recover the cost Of restoring the land to the natural vegetative, hydrologic, scenic, open, agricultural or wooded condition existing at the time of execution of this Conservation Easement or to the vegetative and hydrologic condition required by the aforementioned License, whichever enhancement is the most environmentally desirable to Grantee. These remedies are in addition to any other remedy, fine or penalty which may be applicable under the most recent versions of Chapter 27, Broward County Code of Ordinances, or otherwise which may be available by law. 2.. Except for the restoration, creation, enhancement, maintenance, and monitoring activities and other activities and improvements related to the Conservation Area that are permitted or required by the License, the following activities are prohibited in or on the Conservation Area, to wit: V 11' 1L.! VJ 10.00 r.AA VD40ZIVZ O 5TILE`; DEVELOPb1ENT FO004 (a) Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; (b) Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; (c) Removal or destruction of trees, shrubs, or other vegetation, except for the removal-of nuisance and exotic vegetation as approved by DPEP; (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; (e) Surface. use except for purposes that permit the land or water area to remain in its vegetative and hydrologic condition as specified in the License; (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; including- but not limited to ditching, diking and fencing; (g) Acts or uses detrimental to said aforementioned retention and maintenance of land or water areas; and (h) Acts or uses detrimental to the preservation of any features or aspects of the Conservation Area having historical, archeological or cultural significance. ® 3. Grantor reserves.all rights as owner of the Conservation Area, including the right to engage in uses of the Conservation Area that are not prohibited herein:and which are not inconsistent with the intent and purpose of this Conservation Easement. 4. No right of access by the general public to any portion of the Conservation Area is conveyed by this Conservation Easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep and maintenance of the Conservation Area and Grantor does hereby indemnify and hold harmless the Grantee from the same. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Conservation Area. 7. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other available remedies. In any action in which the Grantee prevails, the Grantee shall be entitled to recover the cost of restoring the Conservation Area to the natural vegetative, hydrologic,scenic, open, agricultural or wooded condition existing at the time of"execution of this Conservation Easement or aAoe-reg.wpd (Rev.11/02) This form prepared by Broward County Artomay's Office HWe 3 Oo 9 Ll%1G%UJ 10:DU k.U. N341JZ1VZ?J6 Jl1LCJ VhVtL0rXt1V1 WjVVa to the vegetative and hydrologic condition required by the aforementioned license. ® Venue for said actions shall be exclusively in the Seventeenth Judicial Circuit, in and for Broward County, Florida. These remedies are in addition to any other remedy, fine or penalty which may be applicable under the most recent versions of Chapter 27 of the Broward County Code of Ordinances, or as otherwise provided by law. 8. Enforcement of the terms and provisions of the Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization qualified to hold such interests under the applicable state laws. 10. Grantor agrees to restore the Conservation Area to the vegetative and hydrologic condition required by the aforementioned DPEP License, if any third party exercises any easement right or property interest or conducts any other activity on the property that causes damage, degradation or negative impacts to the Conservation Area. 11. Grantors obligation to retain and - maintain the Conservation Area forever predominantly in the vegetative and hydrologic condition as herein specified shall ®° run with the property described in Exhibits A and B, and shall be binding upon the Grantor, its heirs, successors or assigns and shall inure to the benefit of the Grantee, and its successors and assigns as more particularly set forth herein. The intent of this Conservation Easement .is that the responsibilities and liabilities associated with the Conservation Easement shall run with the property described in Exhibits A and B, and be binding upon the fee simple title holder of the property as required hereunder. 12. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 13. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in- interest. x1ce-reg.wpd (ROM 1/02) This form prepared by Broward County Attorneys Office rTecyE 4 oo 9 11%12/03 15:59 kAl b54UZ'IUZ65 a11Lra LzvrLur.,Ymivi 14. The terms, conditions, restrictions and purpose of this Conservation Easement shall ® be inserted by Grantor in any subsequent deed or other legal instrument by-which Grantor conveys and/or divests itself of any interest in the property described in Exhibits A or B. Any future holder of the Grantor's interest in the property described in Exhibits A or B shall be notified in writing by Grantor of this Conservation Easement. 15. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their _heirs, assigns and successors-in-interest, which shall be filed in the Public Records of Broward County. TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever. This Conservation Easement shall be recorded in the Public Records of Broward County and the covenants,terms,conditions, restrictions and purpose imposed with this Conservation Easement shall not only be binding upon Grantor, but also its agents, heirs, successors and assigns, and shall continue as a servitude running in perpetuity with the property described in Exhibits A and B, This Conservation Easement shall not be recorded in the Public Records until after its formal acceptance by the Broward County Board of County Commissioners. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Conservation Area in fee simple; that the Conservation.Area is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful ® authority to convey this Conservation Easement; and,that it hereby fully warrants and defends the title to this Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. (Intentionally left blank) a-Ioa-reg_wpd (Rev.11/02) This form prepared by ® Broward CounlyMornay's Office nays 5 oo 9 11112%03 15:59 FAX 9546279288 STILES DEVELOPMENT 4�007 IN WITNESS WHEREOF, has hereunto set its authorized hand this day of 20 OWNER - INDIVIDUAL Signed, sealed and delivered in-our presence as witnesses: Name of Owner (Individual) (Signature) (Signature) Print Name Print Name Print address: (Signature) Print Name ACKNOWLEDGMENT - INDIVIDUAL STATE OF FLORIDA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 20 , by who is [ ] personally know to me, or [ ] produced identification. Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA: Signature of Notary Public-State of Florida Print, type, or stamp Commissioned Name My commission expires: Affix Seal Below a_1ce-r$g-wpd (Rev.11/02) This form prepared by Broward County Attorneys Office HME 6 00 9 11/12/03 15:59 FAX 9516279288 STILES DEVELOPMENT �008 IN WITNESS WHEREOF, has hereunto set ® its authorized hand this day of 20 OWNER - CORPORATION/PARTNERSHIP Witnesses (if partnership): Name of Owner (corporation/partnership) By (Signature) (Signature) Print name: Print name: Title: Address: (Signature) Print name: . day of , 20_ ATTEST (if corporation): (Secretary Signature) (CORPORATE SEAS) Print Name of Secretary: ACKNOWLEDGMENT- CORPORATION/PARTNERSHIP ® STATE OF FLORIDA ) ) SS. COUNTY OF } The foregoing instrument was acknowledged before me this day of , 20_, by as of , a corporation/partnership, on behalf of the corporation/ partnership. He or she is: [ ]personally known to me, or ]produced identification. Type of identification produced NOTARY PUBLIC: Signature of Notary Public - State of Florida Print, type, or stamp Commissioned Name My commission expires, Affix Seal Below ® a:1ce-reg_wpd (Rev.11102) This form prepared by 8roward County Atfomey's Office IIME 7 oo 9 Mortgage Subordination By signing below mortgage holder agrees the lien of any mortgage on the real property described in Exhibit "A" and Exhibit "B" shall be subordinate to the subject conservation easement. MORTGAGEE Witnesses,(if partnership): Name of Mortgagee (corporation/partnership) (Signature) (Signature) Print name: Print name: Title: Address: (Signature) Print name: day of , 20 ATTEST (if corporation): (CORPORATE SEAL) (Secretary Signature) Print Name of Secretary: ACKNOWLEDGMENT - CORPORATIONIPARTNERSHIP STATE OF ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before. me this day of ,20_, by ,as of a corporation/partnership, on behalf of the corporation/ partnership. He or she is: [ ]personally known to me, or [ ]produced identification. Type of identification produced NOTARY PUBLIC: Signature of Notary Public - State of Florida Print, type, or stamp Commissioned Name My commission expires: Affix Seal Below aAce-reg.wpd (Rev.11/02) This form prepared by Broward County Attome)(s Of lee nocyE 8 oo 9 11 12"03 16:00 FAX 9546279288 STILES DEVELOMEhT u.1 ACCEPTANCE BY BROWARD COUNTY The Broward County Board of County Commissioners hereby accepts this Conservation Easement for DPEP License No. ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and By Ex-Off icio Clerk of the Board of County Commissioners of day of , 20 Broward County, Florida Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By AssistE aAce-reg_wpd (MOVA IM) This form prepared by Broward County AttorneVs Office nOCY6 9 00 9 11%12.03 16:00 FAX 9546279288 STILES DEVELOPMENT well EXHIBIT 'A' LEGAL DESCRIPTION: All that part on the Northeast one—quarter (NE y} of the Southwest one—quarter (SW 314) of Section 23, Township 50 South, Range 42 East, tying North and West of the Broward County port Autorithy Railroad right—of—way. and also all that part of the Northeast one—quarter (NE Y) of the Northwest one—quarter (NW Y4) of the Southeast one—quarter (SE Y4), of the Southwest one quarter (SW Y4) of Section 23. . Township 50 South, Range 42 E'ast lying North of the sold Port Autorlthy Railroad right—of—way, ' LES5 AND EXCEPT a 0.505 acre tract of land out the East half (E Y2) of the Southwest one—quarter (SW Y4) of Section 23, Township 50 South, Range 42 East, as described in Special Warranty Deed from Phillips Petroleum Company to the State,of Florida dated March 25, 1983 and recorded in Official Records Book 10788, Page, 354 of the Public Records of Broward County, Florida. PARCEL 2 The North 100, feet of that part of the Northeast one--quarter (NE A) of the Southwest one—quarter (SW Y4) of Section 23, which lies East of the said right—of—woy of the Broward County Port Au torithy.Rvilrood, 11i12:03 16:00 FAX 9546279288 STILES DEVELOPMENT utz FMMIT ."B'' LAND DESCRIPTION CONSERVATION EASEMENT STALES DEVELOPMENT CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA A portion of the Northeast one-quarter (NE I/4) of the Southwest one-quarter (SW I/4) of Section 23, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: COMAMNCING at the Noitbwest comer of said Northeast one-quarter(NE'/4) of the Southwest one-quarter(SW'/4) of Section 23; THENCE South 01"41'28" East on the West line of'said`Noitheast�oiie--quatter(NE �%4) of the Southwest ozze-quarter(SW %4) of Section 23; and the West line of C.B.I. PLAT NO. 2, according to the plat thereof as recorded in Plat Book 162,Page 12 of the Public Records of Broward County,Florida, for a distance of 200.00 feet to the POINT OF BEGINNING; THENCE North 88'18'32" East, a distance of 250.00 feet; THENCE South 01°41'28" East, a distance of 550.00 feet; ® THENCE South 46°43'15" East, a distance of 30.00 feet; THENCE North 88"18'32" East, a distance of 145.00 feet; THENCE South 01041'28" East, a distance of 469.76 feet to the intersection with the North right-of-way line of Eller Drive as described in Official Record Book 10788, Page 385 of the Public Records of Broward County,Florida, said point being located on the arc of a non-tangent curve concave to the Southeast and from which the radius point of said curve bears South 14°38'04" East; THENCE Southwesterly on said North right-of-way line and on the arc of said curve, having a radius of 180.00 feet,through a central angle of 36°21'20", an arc distance of 114.21 feet to a point of tangency; THENCE South 39°00'38" West on said North right-of-way line, a distance of 64.01 feet to the intersection with the South line of said Northeast one-quarter (N'E %4) of the Southwest one-quarter(SW I/4), of Section 23 and North line of PORT EVERGLADES WAREHOUSE PLAT No. 3", according to the plat thereof as recorded in Plat Book 97, page 44 of the Public Records of Broward County,Florida;; PreparIt by.CALV GAL`�IIv,GIORDANO R ASSOCL.7E5,INC i voo 2ller Drive,Suite 600 Fen I audcrdale,Florida S epermhc 9,2007 . p;,J-mjc,+1:no31o33o'n Stiles CamcoPbiUipc PWSURV3Y\I.ceal Dmaipiio,i0WItl E$riles Developmmtdoe SHEET 1 OF 3 SHEETS 11%12/03 10:U1 tAA U040ZIUZOO a111LJ LGtiLLVrP1L'lYl v--- THENCE South 88'05'37"West on said South line of the Northeast one-quarter(NE '/d), of the Southwest one-quarter(SW %) of Section 23 and said North line.of PORT EVERGLADES WAREHOUSE PLAT NO. 3, for a distance of 278.34 feet to the Southwest corner of said Northeast one-quarter(NE 1/4) of the Southwest one-quarter (SW '/) of Section 23; THENCE North 01'41'28" West on said West line of the Northeast one-quarter (NE %, )> of the Southwest one-quarter (SW 1/4 ) of Section 23, the East line of said PORT EVERGLADES PLAT NO. 3, the East line of COON HOLDINGS PLAT, according to the plat thereof as recorded in Plat Book 168, Page 16 of the Public Records of Broward County, Florida and said East line of C.B.Z. PLAT NO. 2, for a distance of 1148.59 feet; to the POINT OF BEGINNING. •Said lands�lying,andbeing•in,'the•city-of�City of'Dauia Beach; Broward'County; londa, containing 373,912 square feet (8.5838 acres)more or less. SURVEYOR'S NOTIES: 1. Not .valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 2. Lands shown hereon were not .abstracted by the Surveyor for rights-of-way, easements, ownership, or other instruments that may appear in the Public Records of Broward County,Florida. 3. Bearings shown hereon are relative to the North line of the Southwest one-quarter (SW 1/4 ) of Section 23, Township 50 South, Range 42 East, hav-ug a bearing of North 88002'56 East. 4. Information shown,hereon does not represent a Boundary Survey. CAC , GIO" 0 ?ES,INC. Date: G egory . CY a is rofessional eyor and Mapper Florida Registration Number LS 4479 J}� CAI.,V'Ai,(i{ORDAT.'O&ASSOCIATES,INC. Ieoa EJ1crDm�e,Svi�600 Fen Ieudcraele,FIMdA Sep a�c 29,20M y��t P:�P�jccuu0�3n33orl Sdirs ConocoPUUps PlaeSURV@W&O Dma0d=\yxcel B SalcDevelo mm-&c SHEET 2 OF 3 SLEETS il%12!03 16:01 FAX 9546279288 STILES VEVELUFbENI Wd Vi-t SKETCH OF DESCF _ ITION CONSE VATION EASEMENT STILES DEVELOPMENT CITY OF MANIA BEACH, BROWARD COUNTY, FLORIDA k.w. cmN R NwItheJL5w16OF WC 23-So-42 NORTH Ukt OP THE Sw A OF SEC 23-50-42 P.O.C. f%o O 6 �. ems- O, P.Q R Z N58'18'32"E h 250.40' o M W s W �z m S.C.R. = BROWARD COUNTY RECORDri o ci W^ CENTERLINE 0 cd W� .`= p_B_ = DEED BOOK o Q C3 P.B. PLAT BOOK a 1515 PG. = PAGE �' Z Q BU N P_0_!3- = POINT OF BEGINNING J P.O.C. = POINT OF COMMENCMENT I a ,{ R.R. = RAIL ROAD } V a RAW = RIGHT—OF—WAYS Q b SEC- = SECTION 10 a, t488'18'320E 145.007 o+ Sa6'-Sl5'E 30.00, W �hole 1J a r n rV •G t � O N PARCEL "A R a 180.00' PARCEL e. "GOO1V HOLDINGS PLAT CA=3S"21�ZO" �' 'PORT EvERGLADE5 PLAT Na {P_8 160, PG /6, @,GR) I„�'14.Z,1 151. PG 33. t3GR) S39100,38'W gW;gR DRldg 64.01' a `RTHOR ARE OEoJc►roN PARCEL�*AP.E3. 151. PG 35*pORT EVERDES 588-05'3y"W �� PW REOF HOUSE PL Na S' $(,�RR DRIY TH LINE OF THE N£ 1/4 aF THE Sw% (P_B. 9T, PG 44, BLCR) 278-34. O. SAC 23-5n�2 gp�4`Nlizt isz rnOR�ti 1-595 R/W (FD.Q f. R/d Yoa ga 12 +� 41. 9—pp-95 d 6RO*ARC COUNTY BeAJ SALE PROJECT No SHEET r° TILES DEVELOPMENT ,., Calvin.Giordano�AsSociate�,Inc-nc. 1'—200' � 03-3C77 d Engineers Surveyors Planners -� 1BDo mer Drive. suME 600 SKETCH OF DESCRIPTION 13A Pori lavderdale. Florid- 33318 PARCEL R C E L ���" Phen": BW.D ez 21-7781 F B04.Bh.8B07 09—1 7—03 SFE TdM OF 3 Cergente o! AutSorUmlion 67B! o-\PG1117rTC\9774\n;zn77 CT11 CC rnNnrr%pwu a 1Pc a1 AT\ci MxXY\c1t�FrN\cna_nccr—cttT—no i�nz nwr. 1 evnl lrl (l0-1 A—9nn2 11;12%03 16:01 FAX 9546279288 STILES DEVELOPMENT LgJulS ® LAND DESCRIPTION CONSERVATION EASE MNT STILES DEVELOPMENT CITY OF DANT.A BEACH,BROWARD COUNTY,FLORIDA A portion of the Northeast one-quarter(NE V4) of the Southwest one-quarter (SW '/4) of Section 23, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: COMMENCING at the Northwest corner of said Northeast one-quarter(NE '/4) of the Southwest one-quarter(SW Y4) of Section 23; THENCE South 01"41'28" Easton the West line of said Northeast one-quarter(NE '%4) of the Southwest one-quarter(SW '/4) of Section 23, and the West line of C.B.I. PLAT NO. 2, according to the plat thereof as recorded in Plat Book 162, Page 12 of the Public Records of Bmwvard County,Florida, for a distance of 200.00 feet to the POINT OF BEGINNING; THENCE North 88°18'32" East, a distance of 250.00 feet; THENCE South 01°41'28" East, a distance of 550.00 feet; ® THENCE South 46°43'15" East, a distance of 30.00 feet; THENCE North 88118'32" East, a distance of 145.00 feet; THENCE South 01°41'28" East, a distance of.469.76 feet to the intersection with the North right-of-way line of Eller Drive as described in Official Record Book 10788, Page 3 85 of the Public Records of Broward County,Florida, said point being located on the arc of a non-tangent curve concave to the Southeast and from which the radius point of said curve bears South 14°38'04" East; THENCE Southwesterly on said North right-of-way line and on the arc of said curve, having a radius of 180.00 feet, through a central angle of 36°21'20", an arc distance of 114.21 feet to a point of tangency; THENCE South 39100'38" West on said North right-of-way line, a distance of 64.01 feet to the intersection with the South line of said Northeast one-quarter(NE '/4) of the Southwest one-quarter(SW '/4 ), of Section 23 and North line of"PORT EVERGLADES WAREHOUSE PLAT No. 3", according to the plat thereof as recorded in Plat Book 97, page 44 of the Public Records of Broward County, Florida;; Fmp=d by C,A.f.VN,GIORDANO @ ASSOCIATES,INC. 1900 Via Drive,$che too . tort UUZJ l9lc,F70rids Seprmnber 29,203 h:\Ymjees'V0u"3103307T Soles Conocalr%iu PIa0.5URvEY\1.g7`I TJ&SeYPr;ojA\pweei H 4dles Developmmedoe SHEET 1 OF 3 SHEETS 11%12%03 16:01 FAX 9546279288 STILES DEVELOPMENT LgJU16 ® THENCE South 88°05'37" West on said South line of the Northeast one-quarter(NE '/4), of the Southwest one-quarter(SW %4) of Section 23 and said North line of PORT EVERGLADES WAREHOUSE PLAT NO. 3,for a distance of 278.34 feet to the Southwest corner of said Northeast one-quarter(NE '/4) of the Southwest one-quarter (SW I/4) of Section 23; THENCE North 01°41'28" West on said West line of the Northeast one-quarter (NI? 1/4), of the Southwest one-quarter (SW '/4 ) of Section 23, the East line of said PORT EVERGLADES PLAT NO. 3, the East line of COON HOLDINGS PLAT, according to the Plat thereof as recorded in Plat Book 168, Page 16 of the Public Records of Broward County, Florida and said East line of C.B.I. PLAT NO. 2, for a distance of 1148.59 feet; to the POINT OF BEGINNING. Said lands lying and being in the city of City of;Dacia Beach,Bzoward`County, Florida, containing 373,912 square feet(8,5838 acres)more or less. SURVEYOR'S NOTES: I. Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. ® 2. Lands shown hereon were not abstracted by the Surveyor for rights-of-way, easements, ownership, or other instruments that may appear in the Public Records of Broward County,Florida. 3. Bearings shown hereon are relative to the North line of the Southwest one-quarter (SW 1/ ) of Section 23, Township 50 South, Range 42 East, having a bearing of North 88°02'56 East. 4. Information shown hereon does not represent a Boundary Survey. CAL , GIORDANO TES,INC Date: G egory . CI e is rofe55ional S eyor and Mapper Florida Registration Number LS 4479 Prepmd try ULVLN,010RDAN0&nSSOCIw7SS,AC. 1000 Eller Dri•u Suite 600 tan Iaudatdale,Fla-ida Sepremtxr�5,_ooa P:1?'mieeu\=JD}1033077 Scilrs rnnocoPtillips P1aMURVPY1zjW Daaipd0ns\P=C1 B S6=Dm1upm=L&c SHEET 2 OF 3 SHEETS 11 12/03 16:02 FAX 9546279288 STILES DEVELOPMENT 10 017 SKETCH OF r3>JESCR-,- TION CONSERVATION EASEMENT STILES DEVELOPMENT CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA KW. CORNER NW 1/4, NE k. SW k Or SEC.23-50-42 NORTH UNE d ME SW A or SEC 23-50-42 P°C Wo �a i P_aa NB8'18'32"E N zso.00' � I W ry V J 1uI w4 t n } x\ W +ag c m B.C.R. = BROWARD COUNTY RECORD awe c m 0 C =N a w = CENTERLINE z h s uT =� D.8_ = DEED BOOK Ln P.B. PLAT BOOK a Q `` ► N PG. = PAGE a _ Q � P_0_B. = POINT OF BEGINNING r P_0_C. = POINT OF COMMENCMENT a. 19 R.R_ = 'RAIL ROAD Q a R/W = RIGHT-OF-WAY Q SEC. = SECTION U F, 1 0 CO IL N ,� N8818'32'E 0 co145: 000' m o r W'43'1FE 30.00' w Ot � cD Q PARCEL 'A' R-180.00' PARCEL 'COON rrO1D1NGs PEAT' 0" �' (P•fi H AG 1 $,C,R) CA=36'21'2 pQRT Eyf'RaAD�S PLAT Na L-114.21' tQ (P.R 15f, PG n BGR) S39'00'38"W 64.01' a G•� g �LLBR D/1'!Y�' PARCEL 'A' 39� THOROUGHFARE DEDICATION e� pG, PoRf EVERGLADES N 568'05'37"W WAREHOUSE PLAT Na 0. ELL9R DR/YB guTH UNE of ME NE I/s OF THE 5w A or (Pa. 97. PG 44. art?.) 278.34' 5EG 23-50-4s �A��`11AY 0; ��O�tI 1-595 R W 19 BRO�lARD COUNTYpZ (seco4 -T4 6 la.pm 47. D-20-AS lick) Calvin.Gior&no 5 Assaciatm.Inc. � PRWECT Ne srim STILES DEVELOPMENT .. ' A 6Tgineers Surveyors Planners 1 =2C0' R1-3077 iwo Ever Drive. suite coo SKETCH OF DESCRIPTION ` wTe c,p''n� 3 "fort lavderdole. Florida 33319 /`� Phone: 9SLP21,7?61 Fsz 959.021.a$07. PARCEL it B" x(G eC� 3 _-' C=fr=.lo or AA11 12ALLon 5781 09-17-03 oa D•\Dan IC!`TC\7nnZ\n�in77 CT11 t•C f Mjnrn0W111 IDC Pi AT\CI IRVFY\CKF-Trp\Cn 1_f1FSf_CZVT_nai 7n�hwt' I GVA11Tt h0-1 A—?nn3 11%12%03 16:02 FAX 9546279288 STILES DEVELOPMENT 1�018 ® LAND DESCRIPTION CONSERVATION EASEMENT STILES DEVELOPMENT CITY OF DArIIA BEACH,BROWARD COUNTY,FLORIDA A portion of the Northeast one-quarter (NE 1/4 ) of the Southwest one-quarter (SW 1/4) of Section 23, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: CO?vEWENCING at the Northwest comer of said Northeast one-quarter(NE 1/4) of the Southwest one-quarter(SW '/4) of Section 23; THENCE South 01°41'28"East on the West line of said'Northeast one-quarter(NE, 1/4) of the Southwest one-quarter(SW %4) of Section 23, and the West line of C.B.I. PLAT NO. 2, according to the plat thereof as recorded in Plat Book 162,Page 12 of the public Records of Broward County,Florida, for a distance of 200.00 feet to the POINT OF BEGINNING; THENCE North 88°18'32"East, a distance of 250.00 feet; THENCE South 01°41'28"East, a distance of 550.00 feet; ® THENCE South 46°43'15" East, a distance of 30.00 feet.- THENCE North 88"18'32" East, a distance of 145.00 feet; THENCE South 0104128" East, a distance of 469.76 feet to the intersection with the North right-of-way line of Eller Drive as described in Official Record Book 10788, Page 385 of the Public Records of Broward County,Florida, said point being located on the arc of a non-tangent curve concave to the Southeast and from which the radius point of said curve bears South 14138'04" East; l THENCE Southwesterly on said North right-of-way line and on the arc of said curve, having a radius_of 180.00 feet, through a central angle of 36°21'20", an arc distance of 114,21 feet to a point of tangency; THENCE South 39°00'38" West on said North right-of-way line, a distance of 64.01 feet to the intersection with the South line of said Northeast one-quarter(NE 1/4 ) of the Southwest one-quarter(SW 1/4), of Section 23 and North line of"PORT EVERGLADES WAREHOUSE PLAT No_ 3", according to the plat thereof as recorded in Plat Book 97, page 44 of the Public Records of Broward County,Florida;; Prepared by C&LVIN.010FDANO&ASSOCIAnS,INC 1800 Hi1a Drive,Sure 600 Fort Lmidtr&lc,Florida Smer ilm 23.2003 P:IPIofe:re�oo9l03]�7 Suez Cwo=1%Wip5 Pie11.5LMVEY Ak.R1 Descr1Vzia x\?&rw18 Sala Developarncdoe SHEET 1 OF 3 SHEETS 11/12%03 16:02 FAX 9546279288 STILES I)EVELOFDIENT Dula ® THENCE South 88'05'37" West on said South line of the Northeast.one�quarter(N IE %4}, of the Southwest one-quarter(SW '/4 ) of Section 23 and said North line of PORT EVERGLADES WAREHOUSE PLAT NO. 3, for a distance of 278.34 feet to the Southwest comer of said Northeast one-quarter(NE 1/4) of the Southwest one-quarter (SW '/4) of Section 23; THENCE North 01°41'28" West on said West line of the Northeast one-quarter(NE 1/4 ), of the Southwest one-quarter (SW 1/4 ) of Section 23, the East line. of said PORT EVERGLADES PLAT NO. 3, the East line of COON HOLDINGS PLAT, according to the plat thereof as recorded in Plat Book 168, Page 16 of the Public Records of Broward County, Florida and said East line of C.B.T. PLAT NO. 2, for a distance of 1148.59 feet; to the POINT OF BEGnNYNG. -Said elands lying and beingg in the city of City-of Dania'Beach, Broward County, Florida, containing 373,912 square feet(8.5838 acres)more or less. SURVEYOR'S NOTES: 1. Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. ® 2. Lands shown hereon were not abstracted by the Surveyor for rights-of-way, easements, ownership, or other instruments that may appear iui the Public Records of Broward County,Florida. 3. Bearings shown hereon are relative to the North line of the Southwest one-quarter (SW '/a ) of Section 23, Township 50 South, Range 42 East, having a bearing of North 88°02'56 East_ 4. Infomaation shown hereon does not represent a Bomdary Survey. C4.L , GIOR AANO TES,Lvc. Date: G egory . CI a is rofessiona1 S eyor and Mapper Florida Registration Number LS 4479 PreLVN y (j.LYiN,C,fORDANO&ASSOCIATES,INC. 1000 Eder Drlvc,suhe a00 Fort lzudvdllc.florins SCD(CMbU 29,2003 T.lProjec&,20C3\033077 5111cs CoseeoPhill:ps P"UFLV2Y%Les4 Dec ipdowkrar i B Slilcs De•cl00*,C0Ldoe SHEET 2 OF 3 SHEETS 11,'12;03 16:03 FAX 9546270288 STILES DEVELOPMENT 1pJOzu Si-.,c-ETCH OF DES C F,._?TION CONSERVATION EASEMENT STILES DEVELOPMENT CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA NX CCAVN NW 1/4, NE X. SW X of SEC. 23-50-42 NORN LINE OF THE 5w 16 OF 5EC 23-50--42 P 0.C. mo N O 0 SCl 50' z N P-O.B- N$878'32WE 250.OV a T wn 1 w V h a x lL w B.C_R_ = BROWARp COUNTY RECORD � o cs W« q = CENTERLINE z D.B. = DEED BOOK Q P.B. = PLAT BOOK PG. = PAGE - Q � P.0_B. = POINT OF BEGINNING a '1 �� P.O.C. = POINT OF COMMENCIVIENT a 4 W R.R. = RAIL ROAD 4 R/W = RIGHT—OF—WAY z O SEC_ = SECTION 0 4 L . c � N N88'1$'32�E a of 145.00' Q d, ,V m o 546'43'15-E or 30.00' _ W 4�A. °1r U � Q1 � tD . N PARCEL A' R-180.00' PARCEL -COON HOLDINGS PLAr' CA-36'21'2Q" PART EVERGLADES PLAT No, (P.a (6a PQ r6, &GR) Lo114.21* (P.a I'S PG n aaR) s39'0038"w 64,01' gLI,6R DR1V 3a ,0• b r•IORouoHt•AR6 peofcanoN PARCEL A' N� pG. (P_6. t5t, PG, 35, S. 'PORT EVERGLADES sw(35'37"'W 8� ' WAREHOLISE PLAT No. 3' a, - BLUR DRIVE ./ TH LINE OF SHE NE"114 OF n+E Sw x of (P.B. 97, PG A4. B.GR.) 27$.34' 5Ec 23-50-42 Rpt�'liaS st YHot� 1-595 R/W p�Z FV (Fgpr, R/IYYoa. 9�o-�GR.) 12, BROWARD COuNTY s c 8609 -W. sxsx SGL.E PROJECT No SHEET Cahn,Giordano S Assodates.Inc. STILES DEVELOPMENT Engineers Surveyors Planners 1 =200' C3-3077 1800 Mor o"v.. Bull. GDO SKETCH OF DESCRIPTION DATE CAD FiE 3 Fort Laudcrdod , norLQu 333IG Pnone: ea4.ez1.7701 Fox e34.es1.0e07 PARCEL " " 09-17_03 SEE Mot OF 3 '� '-=�sss'g': �Cer:ificeta of Authorization e?af ❑•\PE7ll.1�f'TG\9nlli\rlZZn77 CTII�� ('nN!'1f'r1P1-f 1,IIPC PI AT\CI IR1/CY\CfCCT!'LI\Cn1�il�C!'—�.KT—n01?TIT nWG IAYIlI1T, r,o—Ia-7nnx