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HomeMy WebLinkAboutR-2002-167 RESOLUTION NO. 2002-167 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE WATER AND SEWER SYSTEM IMPROVEMENTS, ABSOLUTE BILL OF SALE, SANITARY SEWER EASEMENT AND WATERLINE EASEMENT FROM SHERIDAN EAST APTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY,ITS GENERAL PARTNER, SHERIDAN EAST APTS, LTD, A FLORIDA LIMITED PARTNERSHIP; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City Officials are authorized to accept the water and sewer improvements, an Absolute Bill of Sale, Sanitary Sewer Easement and Waterline Easement from Sheridan East Apts, LLC, a Florida limited liability company, Its General Partner, Sheridan East Apts, Ltd, a Florida limited partnership which documents are ® attached as composite Exhibit A and made a part of this Resolution. The City Manager and City Attorney are authorized to make minor revisions to the attached documents as are deemed necessary and proper for the best interests of the City. The proper City Officials are authorized to do all things necessary and expedient in order to carry out the aims of this Resolution. Section 2. That the Absolute Bill of Sale, Sanitary Sewer. Easement and Waterline Easement shall be recorded in the Public Records of Broward County, Florida. The cost of recording shall be paid for by the grantor and the actual recording shall be done by the City. Section 3. That all resolutions or parts of resolutions in conflict with this • resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 2002-167 Section 4. That this resolution shall be in force and take effect immediately upon • its and adoption. passage p PASSED and ADOPTED this 24`" day of September, 2002. I R B RT H. CHUNN, JR. MAY R — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE JQNNSON COMMISSIONER MIKES - ABSENT CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS T FORM AND CORRECTNESS: BY: / ® THO WSJ. ANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2002-167 j INSTR#102407010 OR BK 34089 Pages 616-617 RECORDED 11/12/02 14.53.25 BROWARD COUNTY COMMISSION RESOLUTION NO. 2002-167 #1E2Pag SLERK2000 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE WATER AND SEWER SYSTEM IMPROVEMENTS, ABSOLUTE BILL OF SALE, SANITARY SEWER EASEMENT AND WATERLINE EASEMENT FROM SHERIDAN EAST APTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY,ITS GENERAL PARTNER, SHERIDAN EAST APTS, LTD, A FLORIDA LIMITED PARTNERSHIP; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City Officials are authorized to accept the water and sewer improvements, an Absolute Bill of Sale, Sanitary Sewer Easement and Waterline Easement from Sheridan East Apts, LLC, a Florida limited liability company, Its General Partner, Sheridan East Apts, Ltd, a Florida limited partnership which documents are attached as composite Exhibit A and made a part of this Resolution. The City Manager and City Attorney are authorized to make minor revisions to the attached documents as are deemed necessary and proper for the best interests of the City. The proper City Officials are authorized to do all things necessary and expedient in order to carry out the aims of this Resolution. Section 2. That the Absolute Bill of Sale, Sanitary Sewer. Easement and Waterline Easement shall be recorded in the Public Records of Broward County, Florida. The cost of recording shall be paid for by the grantor and the actual recording shall be done by the City. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 2002-167 Section 4. That this resolution shall be in force and take effect immediately upon • its passage and adoption. PASSED and ADOPTED this 2411 day of September,:,2002. J�— r R B RT H. CHUNN, JR. MAY R — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES 6 LA�� v COMMISSIONER MCELYEA - YES CHARLENE J NSON COMMISSIONER MIKES -ABSENT CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS T FORM AND CORRECTNESS: BY: � • THOMAS J. ANSBRO CITY ATTORNEY CERTIFICATION I ce ' this t true an correct copy 7of �AWIT ESS my hand and official seal of the e ° ® �� County,Florida day of AA City Clerk • 2 RESOLUTION NO. 2002-167 INSTR#102407011 OR BK 34089 Pages 618-624 RECORDED 11/12/0214:53:25 BROWARD COUNTY COMMISSION DEPUTY CLERK 2000 WARRANTY #2,7 Pages THIS WARRANTY, hereby made and entered into this day of May, 2002, by SHERIDAN EAST APTS, LLC, a Florida limited liability company, the General Partner of Sheridan East Apts, Ltd., a Florida limited partnership, having an address of 701 Northwest 62nd Avenue, Suite 110, Miami, Florida 33126, who does hereby warrant to the CITY OF DANIA BEACH, a Florida municipal corporation (the "City") the property described below to be free from defects in materials and workmanship for a period of (1) year from the date hereof: See Exhibit "A" attached hereto and made a part hereof. The undersigned shall, at no cost to the City, repair, replace or otherwise remedy such defects to the full and complete satisfaction of the City for a period of one (1) year from the date hereof. IN WITNESS WHEROF, the undersigned has executed this Warranty by its duly authorized officers or representatives on the day and year above written. SHERIDAN EAST APTS, LTD, ® a Florida limited partnership Witnesses: By: Sheridan East Apts, LLC, (As to Ramon R. Cacicedo only) a Florida limited liability company, its General Partner By: Ramon R. Cacicedo, Jr. Ramon R. Cacicedo, ,I Co-Manager Vivian Royuela Witnesses: (as to Karl W. Adler only) �----{ By: I arl W. Adler, Co-Manager _ LAND DESCRIPTION 0 A PORTION OF TRACT "A" "SWEDE LAND" CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA UTILITY EASEMENT A portion of Tract "A", "SWEDE LAND", according to the plat thereof as recorded in Plat Book . 148, Page 14 of the Public Records of Broward County, Florida, being more particularly described as follows: COMMENCE at the Southwesterly corner of Tract "A" of said plat; THENCE North 88°37'24" East, on the South line of said Tract "A", a distance of 38.96 feet to the POINT OF BEGINNING (P.O.B. #1); THENCE North 01°01'08" West, a distance of 155.41 feet; THENCE South 88°55'40" West, a distance of 39.05 feet to a point on the West line of said Tract «A,,. THENCE North 01°03'08" West, on the West line of said Tract "A", a distance of 12.00 feet; • THENCE North 88055'40" East, a distance of 39.06 feet; THENCE North 01°01'08" West, a distance of 239.95 feet; THENCE North 88'47'14" East, a distance of 164.22 feet; THENCE North 01'30'21" West, a distance of 169.89 feet to a point on the North line of said Tract THENCE North 88°31'17" East, on the North line of said Tract "A", a distance of 12.00 feet; THENCE South 01°30'21" East, a distance of 59.30 feet; THENCE North 87020'38" East, a distance of 9.28 feet; THENCE South 02°39'22" East, a distance of 12.00 feet; THENCE Soutl�-,87°20'38" West, a distance of 9.52 feet; THENCE South 0190'21" East, a distance of 110.64 feet; THENCE South 88047'14" West, a distance of 144.71 feet; THENCE South 01036'48" East, a distance of 9.36 feet; THENCE South 88°23'12" West, a distance of 12.00 feet; THENCE North 01"36'48" West, a distance of 9.45 feet; THENCE South 88047'14" West, a distance of 7.61 feet; THENCE South 01°01'08" East, a distance of 234.62 feet; THENCE South 50046'27" East, a distance of 18.65 feet; Prepared by: CALVIN,GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida 33316 03/20/02 ' P:\Projects\982884 SHERIDAN 4001SURVEMegal Description\SS-WS-EAS EM ENT.LGL.doc Sheet 1 of 6 Sheets THENCE North 88056'25" East, a distance of 3.71 feet; THENCE South 01°03'08" East, a distance of 12.00 feet; THENCE South 88°56'25" West, a distance of 8.11 feet; THENCE North 50046'27" West, a distance of 12.90 feet; THENCE South 01001'08" East, a distance of 6.97 feet; THENCE North 88'44'11" East, a distance of 8.20 feet; THENCE South 50°46'27" East, a distance of 1.20 feet; THENCE South 01°15'49" East, a distance of 11.22 feet; THENCE South 88'44'11" West, a distance of 9.16 feet; THENCE South 01°01'08" East, a distance of 91.16 feet; THENCE North 88°37'24" East, a distance of 165.15 feet; • THENCE North 01°22'36" West, a distance of 34.26 feet; THENCE North 88°37'24" East, a distance of 12.00 feet; THENCE South 01°22'36" East, a distance of 46.26 feet; THENCE South 88°37'24" West, a distance of 177.22 feet; THENCE South 01'01'08" East, a distance of 22.86 feet to a point on the South line of said Tract THENCE South 88°37'24" West, on the South line of said Tract "A", a distance of 12.00 feet to the POINT OF BEGINNING (P.O.B. #1); TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: COMMENCE at the Southwesterly corner of Tract "A" of said plat; THENCE North 88037'24" East, on the South line of said Tract "A", a distance of 522.78 feet to the POINT OF BEGINNING (P.O.B. #2); THENCE North 01027'50" West, a distance of 70.34 feet; THENCE North 89044'03" West, a distance of 10.20 feet; THENCE North 00015'57" East, a distance of 12.00 feet; THENCE South 89044'03" East, a distance of 9.83 feet; THENCE North 01°27'50" West, a distance of 304.06 feet; THENCE North 89022'11" West, a distance of 9.42 feet; Prepared by: CALVIN,GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida 33316 03/20/02 P:\Projects\982884 SHERIDAN 400\SURVEY\Legal Description\SS-WS-EASEMENT.LGL.doc Sheet 2 of 6 Sheets THENCE North 00037'49" East, a distance of 12.00 feet; THENCE South 89022'l 1" East, a distance of 8.98 feet; THENCE North 01027'50" West, a distance of 128.06 feet; THENCE South 88°29'40" West, a distance of 256.56 feet; THENCE South 01°54'36" East, a distance of 26.06 feet; THENCE South 88005'24" West, a distance of 12.00 feet; THENCE North 01°54'36" West, a distance of 26.15 feet; THENCE South 88°29'40" West, a distance of 5.78 feet; THENCE North 01°30'20" West, a distance of 12.00 feet; THENCE North 88029'40" East, a distance of 274.35 feet; THENCE North 01°27'50" West, a distance of 38.86 feet to a point on the North line of said Tract "A • THENCE North 88031'17" East, on the North line of said Tract "A" a distance of 12.00 fe et; THENCE South 01°27'50" East, a distance of 10.86 feet; THENCE North 88008'08" East, a distance of 11.77 feet; THENCE South 01°51'52" East, a distance of 12.00 feet; THENCE South 88°08'08" West, a distance of 11.85 feet; THENCE South 01°27'50" East, a distance of 15.99 feet; THENCE North 88029'40" East, a distance of 147.13 feet; THENCE North 18°57'14" East, a distance of 26.82 feet to a point on the East line of said Tract "A77, THENCE South 01020'26" East, on the East line of said Tract "A", a distance of 34.60 feet; THENCE South 18°57'14" West, a distance of 2.70 feet; THENCE South 88°29'40" West, a distance of 134.57 feet; THENCE South 01°27'50" East, a distance of 428.16 feet; THENCE South 88°32'10" West, a distance of 20.90 feet; THENCE South 01°27'50" East, a distance of 98.35 feet to a point on the South line of said Tract "A" THENCE South 88°37'24" West, on the South line of said Tract "A", a distance of 12.00 feet to the POINT OF BEGINNING (P.O.B. #2); Prepared by. CALVIN,GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida 33316 03/20/02 P:\Projects\982884 SHERIDAN 400\SURVEY\Legal Description\SS-WS-EAS E M ENT.LGL.doc Sheet 3 of 6 Sheets Said lands lying in the City of Dania Beach, Broward County, Florida and containing 34,345 square feet (0.7884 acres) more or. less. NOTES: 1. Not valid without the signature and original raised seal of a licensed Florida Surveyor and . Mapper. 2. Lands described hereon were not abstracted, by the Surveyor, for ownership, easements, rights- of-way or other matters that may appear in the Public Records of Broward County, Florida. 3, Bearings show on are relative to S E LAND, as recorded in Plat Book 148, Page 14, Cowar ounty Records with the South lin of Tract A having a bearing of North 88°37'24" E 4. I orm on shown h eon and on th ached sketch does not represent a Boundary Survey. CALVIN, CANO & CIATES, INC. Robort ia.erkso J. Pro si.onal Sury -ur and M pper Fl Aida Registr ilin Number 158 i i Prepared by: CALVIN,GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida 33316 03/20/02 P:\Projects\982884 SHERIDAN 400\SURVEY\Legal Description\SS•WS-EASEM ENT.LGL.doc Sheet 4 of 6 Sheets SKETCH OF UTILITY EASEMENT A PORTION OF TRACT "A" "SWEDE LAND" CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA N88'31'17"E 12.00' -C10' U.E 987'-0-38"E- - (P.B. 148, PG. 14, B.C.R.) 9.28' NORTH LINE TRACT A 00 r N o U) SCALE: 1"=60' S02'39'22"E 12.00' S87'20'38"W w 9,52' N 0 co 1� Woter Asbuilt p 0 0 Z N88'47'14"E 164.22' S88'47'14"W 144.71' SO *36'48"E 9.36' WEST LINE TRACT A rn S88'23'12"W 12.00' N r- N 01*36'48"W 9CN .45' LEGEND: S88'47'14"W N L = ARC LENGTH iv 7.61' B.C.R. = BROWARD COUNTY RECORDS .Kt00 CA = CENTRAL ANGLE - w FB/PG = FIELD BOOK AND PAGE r O 'Co P.O.B. = POINT OF BEGINNING to o P.O.C. = POINT OF COMMENCEMENT O PB = PLAT BOOK Z O PG = PAGE R = RADIUS DISTANCE to SQ.FT, SQUARE FEET N88'55'40"E S50'46'27"E ` = CENTERLINE L.B. = LICENSE BUSINESS 39.06 ) 18.65' U.E. = UTILITY EASEMENT 00 . N50'46'27"W I.E.E. = INGRESS/EGRESS EASEMENT 0 O n3i 12.90' NORESS LINEN—VEHICULAR INGRESS/ o Cq t" N88'56'25"E 0 3.71' Z S01'03'08"E S88'55'40"W 12,00' 39.05' ..♦ S88'56'25"W S01'01 08"E 8.11' 6.97' S50'46'27"E N88'37'24"E N88'44'11"E S01'15'49"E 1.20 12.00' 8.20' a -``' 11.22' N01'22'36"W Lie a o io S88'44'11"W 34.26' 0 9.16' w 30' I.E.E 0) (P.B. 14 O N PG..R) N N88'37'24"E 165.15' N co N88'37'24"E ' 4 ACR 38.96 (pe Plot) —S$$37 24"W 1 77 22; — I N — S01'01' 690.04' (per Plot) P.O.C. " /Z/ 7P.B. 148. E. 148, PG. 14. B.C.R.) Southwesterly corner of 12.00' Track A "SWEDE LAND" Plot S88'37'24"W ?SW AND" P.B. 148, Pg. 14, B.C.R. P.O.B.#1 PG. 14. B.C.R. SOUTH LINE TRACT A CLIENT: CITY OF DANIA PROJECT NO. 98-2884 SHEET 5 OF 6SHEETS REVISION DWN DATE FB/PG Calvin, Giordano & Associates, Inc ADO SAN. SEWER EASEMENT CPM 07-11-02 - Engineers Surveyors Planners ® 1800 Eller Drive, Suite 600 Ft. Lauderdale, Florida 33316 954.921.7781 954.921..8807 fax IN I Certificate of Authorization No. 6791 p \projects\982884 sheridon 400\survey\colc\ss—ws—eosement2.dwg SKETCH OF UTILITY EASEMENT S01.20'26"E A PORTION OF TRACT "A" "SWEDE LAND" N18*57'14"E 34.60' CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA26.82' ® N88'31'17"E 12.00' S01'27'S0"E 10.86' NORTH LINE TRACT A N88'08'08"E 11.77' L 01`51'52"E 12.0'O' �588`08'08 TW 11.8 ' N01'30'20"W �u.E N01'27'50" S01'27'50"E 115. 9' rN5 P_B. "48, PG. 14, B.C.R.) , 38.86' ' " ' 40 E 274.35 N88'29 40 E 14 .13 S88'29'40"W 256.56' 0 S88'29'40"W 134.57' o 6"E � ' S18'57'14"W m � 2.70'_ S88'29'40"W �� o 0 5.78' N I m Q %JN S89'22'11"E 0 __I 7 8.98' �- SCALE: 1"=60' ip (�J N00'37'49"E00 Z 12.00' N P • 4 N' Q N89'22'11"W Z ``J 7 9.42' I uj = aOf WU r N Ln m , w Ln U � � LEGEND: a 0 0t2 0 a cn L = ARC LENGTH 00� I v' o B.C.R. = BROWARD COUNTY RECORDS M N w Z CA = CENTRAL ANGLE I ' a FB/PG = FIELD BOOK AND PAGE 0 Ln P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT N PB = PLAT BOOK PG = PAGE o R = RADIUS DISTANCE VI SQ.FT. = SQUARE FEET = CENTERLINE 3: L.B. = LICENSE BUSINESS o U.E. = UTILITY EASEMENT I.E.E. = INGRESS/EGRESS EASEMENT 1 i i i = NON-VEHICULAR INGRESS/ cy EGRESS LINE o Z S89'44'03"E P.D.C. 9.83' ` \ Southwesterly corner of N00'15'57"E n Track A "SWEDE LAND" Plat 12 00' co S88'32'10"W P.B. 148, Pg. 14, B.C.R. °' 20.90' N89'44'03"W 10.20' � ,r . E ,r, _cw SOUTH LINE (P,B. 148, PG. 14, B.C.R.) ,TRACT A N88 374G�E V 522.7 ' � - N P.O.B.#2 S88'37'24"W 12,00' CLIENT: CITY OF DANIA PROJECT NO. 98-2884 SHEET 6 OF 6 SHEETS REVISION DWN DATE FB/PG Calvin, Giordano if Associates, Inc ADD SAN. SEWER EASEMENT CPM 07-11-02 - EngineersSurveyors planners ® 1800 Eller Drive, Suite 600 Ft. Lauderdale, Florida 33316 954.921.7781 954.921.8807 fax Certificate of Authorization No. 6791 p:'\projects\982884 sheridon 400\.survey\catc\ss—ws—eosement2.dwg INSTR#102407012 OR BK 34089 Pages 625-627 RECORDED 11/12/02 14:53:25 BROWARD COUNTY COMMISSION DEPUTY CLERK 2000 NO-LIEN AFFIDAVIT #3,3 Pages STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) BEFORE ME, the undersigned authority, personally appeared RAMON R. CACICEDO (the "Affiant"), who being first duly sworn upon oath, deposes and says: 1. Affiant is the co-Manager of Sheridan East Apts, LLC, a Florida limited.liability company, the General Partner of Sheridan East Apts, Ltd., a Florida limited partnership (the "Limited Partnership"). 2. That the Limited Partnership is the owner of the water facility improvements constructed within the following described property: .See Exhibit "A"attached hereto and made a part hereof(the "Property"). 3. That the above described improvements are free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description whatsoever, except for (1) real estate and personal property taxes for the year 2002; and (2) that certain Mortgage in favor of Bank of America, N.A. recorded March 23, 2000 in Official Records Book 30358, at Page 51, as modified by Modification Agreement recorded May 30, 2000 in Official Records Book 30536, at Page 101, as further modified by Future Advance and Spreader Agreement recorded August 23, 2000 in Official Records Book 30789, at Page 1243, and UCC Financing statements recorded March 23, 2000 in Official Records Book 30358, at Page 79, and August 23, 2000 in Official Records Book 30789, at Page 1250, all of the Public Records of Broward County, Florida. 4. That within the past ninety (90) days there have been no improvement, alterations or repairs to the above described improvements for which the costs thereof remain unpaid, and that within the past ninety (90) days there have been no claims for labor or material furnished for repairing or improving the same, which remain unpaid. 5. That there are no mechanics', materialmen's or laborer's lien against the above- described Property. 6. That the personal property contained on said.Property or on the said premises is also free and clear of all liens, encumbrances, claims and demands whatsoever, except as described herein. 7. That Affiant, in the operation of said improvements, complied in all respects with the Sales Tax Law of the State of Florida. 8. That Affiant knows of no violations of City or County Ordinances, or State or Federal law pertaining to the above described improvements. 9. That this Affidavit is made for the purpose of inducing the City of Dania Beach, a Florida municipal corporation, to accept the transfer of said improvements from Affiant. 10. That no judgment or decree has been entered in any court of this State or the United States against said Affiant which remains unsatisfied. 11. That there are no matters pending against the Limited Partnership that could give rise to a lien that would attach to the Property or any portion thereof, and that the Affiant, on behalf of the Limited Partnership, has not and will not execute any instrument that would adversely affect the title to or transfer of the Property or any portion thereof from the Limited Partnership. 12. That Affiant further states that he is familiar with the nature of an oath and with the penalties as provided by the laws of the State of Florida for falsely swearing to statements made in an instrument of this nature. Affiant further certifies that he has read, or has heard read to him, the full facts of this Affidavit and understands its context. FURTHER AFFIANT SAYETH NAUGHT. SHERIDAN EAST APTS, LTD, a Florida limited partnership By: Sheridan East Apts, LLC, a Florida limited liability company, its General Partner By: Ramon . Cacicedo, Co-Manager By: Karl W. A er, Co-Manager [Notary acknowledgments on following page] STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me on May 2002 by Ramon R. Cacicedo, as Co-Manager of Sheridan East Apts, LLC, a Florida limited liability company, the General Partner of Sheridan East Apts, Ltd., a Florida limited partnership, on behalf of the company and the partnership, who is personally known to me and who did not take an oath. Notary Public, State of lor' �O�OTA OF�C� VNIAN ROYUELA STATE OF FLORIDA ) �NUr BLIa My Comm Exp.811=4 No.CC 446185 SS I 1 Personally Known I 1 Other I.D. COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me on May , 2002 by Karl W. Adler, as Co-Manager of Sheridan East Apts, LLC, a Florida limited liability company, the General Partner of Sheridan East Apts, Ltd., a Florida limited partnership, on behalf of the company and the partnership, who is personally known to me and who did not take an oath. Notary Public, State of Florida c` ' Eleanor M Cleary My Commission DC1058294 or�o� Expires September 11 2005 INSTR#102407013 OR BK 34089 Pages 628-630 RECORDED 11112102 1 4:53:25 ABSOLUTE BILL OF SALE BROWARD COUNTY COMMISSION DEPUTY CLERK 2000 #4,3 Pages THIS ABSOLUTE BILL OF SALE is made this��>> day of May,2002 by SHERIDAN EAST APTS,LLC,a Florida limited liability company,the General Partner of Sheridan East Apts, Ltd., a Florida limited partnership, having an address of 701 Northwest 62"d Avenue, Suite 110, Miami, Florida 33126, party of the first part, for and in consideration of the sum of Ten Dollars ($10.00),lawful money of the United States,to be paid by the CITY OF DANIA BEACH,a Florida municipal corporation, having an address of 100 West Dania Beach Boulevard, Dania Beach, Florida, party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained,sold,transferred and delivered and by these presents does grant,bargain,sell,transfer and deliver unto the said Party of the second part, it successors and assigns, the following goods and chattels: All of the Water and Sewer System Improvements, together with all appurtenances attached thereto, which lie within the Public Rights-of-Way or within easements provided for the same, all as described and shown on the sketch attached hereto as Exhibit"A". All of the above further described in "As-Built"Plans which are attached hereto as Exhibit `B". TO HAVE AND TO HOLD the same unto the said Party of the second part, its successors and assigns forever. The Party of the first part does covenant to and with the Party of the second part, its successors and assigns, that it is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said Party of the second part's successors and assigns against the lawful claims and demands of all persons whomever. [Acknowledgments on following page] IN WITNESS WHEREOF,the undersigned has hereunto set its authorized hand this • of May, 2002. SHERIDAN EAST APTS, LTD, a Florida limited partnership Witnesses: By: Sheridan East Apts, LLC, (As to Ramon R. Cacicedo only) a Florida limited liability company, its General Partner By: �� Ramon . Cacicedo, Jr. Ramon R. Cacicedo, Co-Manager i Vivian Royuela Witnesses: (as to Karl W.Adler only) ' l By: Karl W. Adler, Co-Manager C14- [Notary acknowledgments on following page] STATE OF FLORIDA ) • SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me on May 3� ,2002 byRamon R. Cacicedo, as Co-Manager of Sheridan East Apts, LLC, a Florida limited liability company, the General Partner of Sheridan East Apts,Ltd.,a Florida limited partnership,on behalf of the company and the partnership, who is personally known to me and o did not take an oat Notary Public, State of F o STATE OF FLORIDA ) LQ70-00TAR VIAN ROYUELA jSSY Comm Exp.8/15/0jCOUNTY OF MIAMI-DARE ) No.CC 94618 Personalty K o" I 1 Ot The foregoing instrument was acknowledged before me on May / ,2002 by Karl W. Adler,as Co-Manager of Sheridan East Apts,LLC,a Florida limited liability company,the General Partner of Sheridan East Apts,Ltd., a Florida limited partnership,on behalf of the company and the partnership, who is personally known to me and who did not take an oath. Notary Public, State of Florida • F:\566001\13ocuments\Sheridan 400 Absolute Bill of Sale.doc 5/8/02 Eleanor M Geary My Commission DD066294 or a/Expires September 11 2005 INSTR#102407014 OR B OR K 34089 Pages 631 -641 RECORDED 11/12/0214:53:25 THIS INSTRUMENT PREPARED BY BROWARD COUNTY COMMISSION DOC STMP-D: $0.70 AND SHOULD BE RETURNED TO: DEPUTY CLERK 2000 #5, 11 Pages Dana J. Schindler, Esq. WEISS SEROTA HELFMAN PASTORIZA&GUEDES,P.A. 2665 South Bayshore Drive, Suite 420 Miami, FL 33133 (305)854-0800 SANITARY SEWER EASEMENT MAY 3 12002 THIS SANITARY SEWER EASEMENT (the "Easement") dated this _day of May, 2002, from SHERIDAN EAST APTS, LTD., a Florida limited partnership, having an address of 701 Northwest 62nd Avenue, Suite 110, Miami, Florida 33126 (hereinafter "Grantor"), to the CITY OF DANIA BEACH, a Florida municipal corporation, having an address at 100 West Beach Boulevard, Dania Beach, Florida 33004 (hereinafter "Grantee"). RECITALS: Grantor owns fee simple title to certain real property located in Broward County, Florida, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Servient Estate"); and Grantor has agreed to grant to Grantee this Easement, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the sum of TEN AND NO/100 DOLLARS ($10.00)and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: Grantor hereby grants, bargains and sells to Grantee, its successors and assigns, perpetual easement under, over and across parcel of real property, the legal description of which is attached hereto as Exhibit "B" and incorporated by reference herein (hereinafter the "Easement Area" or "Easement"). Grantor has full power and authority to convey the rights and easement conveyed herein, and will defend the title to same from and against the claims of all persons whomsoever, subject however, to easement, covenants and restrictions of record as of the date hereof, real estate taxes and assessments not yet due and payable and zoning, building and other applicable laws, codes and regulations. Grantee may use the Easement Area for the installation, use and maintenance of sanitary sewer lines. 1 II Grantee's right to utilize the Easement Area shall be exclusive to the extent that Grantor shall grant no easement or license, nor make any covenants, having the effect of permitting use of the Easement Area by anyone other than Grantee, except Grantor may grant an easement to other utilities that cross this Easement Area at right angles so long as such utility easements do not interfere with Grantee's use of the Easement Area. Grantor may, for its own purpose, utilize the surface area of the Easement Area except in such areas as are used by Grantee in the exercise of its rights under this Easement. The Grantee's use of the surface area of the Easement shall be further limited to the use of the surface area of the Easement for landscaped areas (no trees), parking, driveways, open space recreation areas and other uses and improvements in accordance with plans as are approved by Grantee or its utilities department; but shall not include the establishment of permanent buildings or other structures (such as walls, pools, tennis courts, handball courts, etc.). The Grantor shall maintain the surface area of the Easement. Grantor grants to Grantee a perpetual non-exclusive easement upon the Servient Estate described in attached Exhibit "A" whereby Grantee shall have the free right to enter upon and depart over and across the Servient Estate and the Easement Area to the extent necessary to fully exercise Grantee's rights within the Easement Area, for purposes including but not limited to, inspection, maintenance, repair, and replacement or reinstallation of utility facilities, but,Grantee shall be responsible to restore the Easement Area to its original natural surface state only. The provisions of this Easement shall be binding on the parties hereto and their respective successors and assigns as a covenant running with the land and binding upon the Servient Estate. The Easement shall not be 'released or amended without consent of the Grantee as evidenced by a document signed with the same formalities as this document. Grantee shall record this document in the Public Records of Broward County, Florida. This instrument contains the entire agreement between the parties relating to the rights granted and the obligation assumed pursuant to this instrument. Any oral representations or modifications concerning this instrument shall be of no force and effect, excepting a subsequent modification reduced to writing, signed by the party to be charged therewith. [Acknowledgment on following page] • 2 IN WITNESS WHEREOF, the undersigned has hereunto set its authorized hand this • of May, 2002. Sheridan East Apts, Ltd, a Florida limited partnership Witnesses: By: Sheridan East Apts, LLC, (As to Ramon R. Cacicedo only) a Florida limited liability company, its General Partner By: Ramon R. Cacicedo, Jr. Ramon R. Cacicedo, Co-Manager Vivian Royuela Witnesses: (as to Karl W. ter only) By: Y Ec%N /h• (MAD Karl W. Adler, Co-Manager CCC=Atia2 �47. CCFAr`1 [Notary acknowledgments on following page] • 3 STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE } The foregoing instrument was acknowledged before me on May ,2002 by Ramon R. Cacicedo, as Co-Manager of Sheridan East Apts, LLC, a Florida limited liability company, the General Partner of Sheridan East Apts, Ltd., a Florida limited partnership, on behalf of the company and the partnership, who is personally known to me and who did not take an oath. ' r it r Notary Public, State f F ida E( : N ROYUELA STATE OF FLORIDA ) omm Exp.8/15/04 SSNo.CC 945185 scn,&Knc%,n COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me on May f , 2002 by Karl W. Adler, as Co-Manager of Sheridan East Apts, LLC, a Florida limited liability company, the General Partner of Sheridan East Apts, Ltd., a Florida limited partnership, on behalf of the • company and the partnership, who is personally known to me and who did not take an oath. otary Public, State of Florida eI'ut, Eleanor M Cleary MY Commission DD056294 %or,./ Expires September 11 2005 4 Rug 26 02 10: 24a Westwood National Title 305 265 8527 p. 6 JOINDER. CONSENT AN'n S TORDINATION The undersigned hereby certifies that BANK OF AMERICA, N.A., a national bankinb association, (the "Mortgagee") is the holder of that certain mortgage encumbering the property described on Exhibit "A" attached hereto and made a part hereof (the "Property"). That the Mortgagee hereby joins in and consents to the toregoing Easement in favor of the CITY OF DANIA BEACIT, a Florida municipal corporation, and agrees that its mortgage, which is recorded March 23, 2000 in official Records Boot: 30355, at Page 51, as modified by Modification Agreement recorded flay 30. 2000 in Official Records Book 30536, at Page 101, as further modified by Future Advance and Spreader Agreement recorded August 23, 2000 in Official Records Book 30759, at Page 1243, and UCC Financing statements:recorded March 23, 2000 in Official Records Book 30355, at Page 79, and August 23, 2000 in Off vial Records Book- 30739, at Page 1250, of the Public Records of Broward County, Florida, shall be subordinated to the foregoing instrument. Signed, sealed and delivered BANK OF AML.'RICA, N.A.. in the presence of: a national banking association By- � [Tint Nacne: 6�4 Print Nam Its: t _.._.. 0� Print Name: m (CORPORATE SEAL) " STATE OF 4 C,,C Iy� COUNTY OF M �:t ��i t 2--� Dt THIS IS TO CERTIFY, that on thiss-�day of­Mffg, 2002, before me, an officer duly authorized to take acknowledgements in the State and County aforesaid. Personally appeared i-q L,— as 5 , v,tc'E �►?65 D NT of BANK OF AMERICA, =— N.A., a national banking association, who [}/]'is personally known to me or ( ] produced as identification. OFFICIALNOTARYSEA PATRICIALCARROL NOTARY PUBLIC Z. Cry( ��L NOTARY PUBLIC STATE OiN.:1662003 FLDA Print Name: ILL /c/ 'L COMMISSION NO.C79 MYCOMM(SSIONEXP. My Commission Expires: — a � ,S(RcMI`.IncunK+usSlunJac 44-0 tianicuy sewer L.iunuau.d,ic 5 LAND DESCRIPTION A PORTION OF TRACT "A" "SWEDE LAND" CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA UTILITY EASEMENT A portion of Tract "A", "SWEDE LAND", according to the plat thereof as recorded in Plat Book 148, Page 14 of the Public Records of Broward County, Florida, being more particularly described as follows: COMMENCE at the Southwesterly corner of Tract "A" of said plat; THENCE North 88°37'24" East, on the South line of said Tract "A", a distance of 38.96 feet to the POINT OF BEGINNING (P.O.B. #1); THENCE North 01001'08" West, a distance of 155.41 feet; THENCE South 88°55'40" West, a distance of 39.05 feet to a point on the West line of said Tract «A,,, THENCE North 01 003'08" West, on the West line of said Tract"A", a distance of 12.00 feet; THENCE North 88055'40" East, a distance of 39.06 feet; THENCE North 01°01'08" West, a distance of 239.95 feet; THENCE North 88047'14" East, a distance of 164.22 feet; THENCE North 01°30'21" West, a distance of 169.89 feet to a point on the North line of said Tract THENCE North 88031'17" East, on the North line of said Tract "A", a distance of 12.00 feet; THENCE South 01030'21" East, a distance of 59.30 feet; THENCE North 87°20'38" East, a distance of 9.28 feet; THENCE South 02°39'22" East, a distance of 12.00 feet; THENCE South 87°20'38" West, a distance of 9.52 feet; THENCE South 01°30'21" East, a distance of 110.64 feet; THENCE South 88°47'14" West, a distance of 144.71 feet; THENCE South 01°36'48" East, a distance of 9.36 feet; THENCE South 88°23'12" West, a distance of 12.00 feet; THENCE North 01°36'48" West, a distance of 9.45 feet; THENCE South 88°47'14" West, a distance of 7.61 feet; THENCE South 01'01'08" East, a distance of 234.62 feet; THENCE South 50°46'27" East, a distance of 18.65 feet; Prepared by. CALVIN,GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida 33316 - 03/20/02 P:\Projects\982884 SHERIDAN 400\,SURVEY\Legal Description\SS-WS-EASEM ENT.LGL.doc Sheet 1 of 6 Sheets Exhibit "A" THENCE North 88°56'25" East, a distance of 3.71 feet; THENCE South 01°03'08" East, a distance of 12.00 feet; THENCE South 88°56'25" West, a distance of 8.11 feet; THENCE North 50046'27" West, a distance of 12.90 feet; THENCE South 01°01'08" East, a distance of 6.97 feet; THENCE North 88'44'11" East, a distance of 8.20 feet; THENCE South 50°46'27" East, a distance of 1.20 feet; THENCE South 01015'49" East, a distance of 11.22 feet; THENCE South 88'44'11" West, a distance of 9.16 feet; THENCE South 01°01'08" East, a distance of 91.16 feet; THENCE North 88°37'24" East, a distance of 165.15 feet; THENCE North 01°22'36" West, a distance of 34.26 feet; THENCE North 88°37'24" East, a distance of 12.00 feet; THENCE South 01°22'36" East, a distance of 46.26 feet; THENCE South 88°37'24" West, a distance of 177.22 feet; THENCE South 01'01'08" East, a distance of 22.86 feet to a point on the South line of said Tract THENCE South 88°37'24" West, on the South line of said Tract "A", a distance of 12.00 feet to the POINT OF BEGINNING (P.O.B. #1); TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: COMMENCE at the Southwesterly corner of Tract "A" of said plat; THENCE North 88°37'24" East, on the South line of said Tract "A", a distance of 522.78 feet to the POINT OF BEGINNING (P.O.B. #2); THENCE North 01°27'50" West, a distance of 70.34 feet; THENCE North 89°44'03" West, a distance of 10.20 feet; THENCE North 00°15'57" East, a distance of 12.00 feet; THENCE South 89°44'03" East, a distance of 9.83 feet; THENCE North 01027'50" West, a distance of 304.06 feet; THENCE North 89022'11" West, a distance of 9.42 feet; Prepared by. CALVIN,GIORDANO.AND ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida 33316 03/20/02 P:\ProjectsW82884 SHERIDAN 400\SURVEY\Legal Description\SS-WS-EASEM ENT.LGL.doc Sheet 2 of 6 Sheets THENCE North 00037'49" East, a distance of 12.00 feet; THENCE South 89'22'11" East, a distance of 8.98 feet; THENCE North 01°27'50" West, a distance of 128.06 feet; THENCE South 88°29'40" West, a distance of 256.56 feet; THENCE South 01054'36" East, a distance of 26.06 feet; THENCE South 88°05'24" West, a distance of 12.00 feet; THENCE North 01°54'36" West, a distance of 26.15 feet; THENCE South 88°29'40" West, a distance of 5.78 feet; THENCE North 01°30'20" West, a distance of 12.00 feet; THENCE North 88029'40" East, a distance of 274.35 feet; THENCE North 01°27'50" West, a distance of 38.86 feet to a point on the North line of said Tract "A"; THENCE North 88°31'17" East, on the North line of said Tract "A", a distance of 12.00 feet; THENCE South 01°27'50" East, a distance of 10.86 feet; THENCE North 88008'08" East, a distance of 11.77 feet; THENCE South 01051'52" East, a distance of 12.00 feet; THENCE South 88°08'08" West, a distance of 11.85 feet; THENCE South 01°27'50" East, a distance of 15.99 feet; THENCE North 88°29'40" East, a distance of 147.13 feet; THENCE North 18°57'14" East, a distance of 26.82 feet to a point on the East line of said Tract "A" THENCE South 01020'26" East, on the East line of said Tract "A", a distance of 34.60 feet; THENCE South 18°57'14" West, a distance of 2.70 feet; THENCE South 88°29'40" West, a distance of 134.57 feet; THENCE South 01°27'50" East, a distance of 428.16 feet; THENCE South 88°32'10" West, a distance of 20.90 feet; THENCE South 01°27'50" East, a distance of 99.35 feet to a point on the South line of said Tract "A"; THENCE South 88°37'24" West, on the South line of said Tract"A", a distance of 12.00 feet to the POINT OF BEGINNING (P.O.B. #2); Prepared by CALVIN,GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida 33316 03/20/02 P.\Pr0jec1s\982884 SHERIDAN 40MSURVEY\Lega1 Description\SS-WS-EASEM ENT.LGL.doc Sheet 3 of 6 Sheets Said lands lying in the City of Dania Beach, Broward County, Florida and containing 34,345 • square feet (0.7884 acres) more or less. NOTES: 1. Not valid without the signature and original raised seal of a licensed Florida Surveyor and Mapper. 2. Lands described hereon were not abstracted, by the Surveyor, for ownership, easements, rights- of-way or other matters that may appear in the Public Records of Broward County, Florida. 3. Bearings show on are relative to S E LAND, as recorded in Plat Book 148, Page 14, C E owar ounty Records with the South lin of Tract A having a bearing of North 88°37'24" 4. I orm hwyn h eon and on th ached sketch does not represent a Boundary Survey. CALV7 17A CIATES, INC. Robert W.Jacl o r /Prof ssi�?nl'}l}iw or grid M pper Fl rides lip` i�tr.' K f `i' umber 4158 Prepared by: CALVIN,GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida 33316 03/20/02 P:\Projcct:\482884 SHERIDAN 400\SURVEY\Legal Description\SS-WS-EASEMENT.LGL.doc Sheet 4 of 6 Sheets SKETCH OF UTILITY EASEMENT A PORTION OF TRACT "A" "SWEDE LAND" CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA F •31'17"E U,o U.E N8771 38-E_(P p. 148, PG. 14, B.C.R.) 9.28' NORTH LINE TRACT A Do01SCALE: 1"=60' S02'39'22"E 12.00' 87'20'38"W w 9.52' v Water Asbuilt O 0 0 P Z N88'47'14"E 164.22' S88'47'14"W 144.71' S01'36'48"E In 9.36' WEST LINE TRACT A rn S88'23'12"W o; 12.00' N N01'36'48"W 9.45' LEGEND: S88'47'14"W L = ARC LENGTH N 7.61' B.C.R. = BROWARD COUNTY RECORDS p CA = CENTRAL ANGLE w FB/PG = FIELD BOOK AND PAGE P.O.B. = POINT OF BEGINNING Ln O P.O.C. = POINT OF COMMENCEMENT O PB = PLAT BOOK Z O PG = PAGE o R = RADIUS DISTANCE (n SQ.FT. = SQUARE FEET N88'55'40"E S50'46'27"E = CENTERLINE L.B. = LICENSE,BUSINESS � 39.06 A 18.65' U.E. = UTILITY EASEMENT 00 _ kN5O46 "1N I.E.E. = INGRESS/EGRESS EASEMENT o ,3, ! EGRESS LINE INGRESS/ o Cv L' 6'25"E 0 .71' ZS01'03'08"E S88'55'40"W12.00' 39.05' �� '25"W S01'01 08"E11, 6.97' S50'46'27"E N88'37'24"E •• � "E 1.20 12.00' N88'4411 E o 8.20' v N01'22'36"W a o in S88'44'11 'W 34.26' 0 9.16' w 30' i.E.E a) (P.B. 14 O N e c.R j N88'37'24"E 165.15' N LD N88'37'24"E ' .2 ACRE 38.9642.31' (pe Piot) _SS$37 i1"W 1 77 22— -- 1 — -- — So1'01' 69004' (per Plot) P.O.C. F10' R E. 148, PG. 14, 3.C.R) Southwesterly corner of 12.00'Track A "SWEDE LAND" Plot S88'37'24"W AND" P.B. 148, Pg. 14, B.C.R. P•O.B.#� PG. 14. B.C.R. SOUTH LINE TRACT A CLIENT: CITY OF DANIA PROJECT NO. 98-2884 SHEET 5 OF 6SHEETS REVISION DWN DATE FB/PG Calvin, Giordano 6 Associates, Inc ADD SAN. SEWER EASEMENT CPM 07-11-02 - Engineers Surveyors planners IZY® 1800 Eller Drive, Suite 600 Ft. Lauderdale, Florida 33316 954.921.7781 954.921.8807 fax Certificate of Authorization No. 6791 p:\projects\982884 sheridon 400\survey\colc\ss—ws—eosement2.dwq SKETCH OF UTILITY EASEMENT SO1.20'26"E A PORTION OF TRACT "A" "SWEDE LAND" N18.57'14"E 34.60' CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA 26.82' ,k% ' '17"E 12.00' 7'S0"E 10.86' NORTH LINE TRACT A '08'08"E 11.77' L 1`51'52"E 12.00' " ��E� N01'27'S0" 8$08'08 W 11.812.0'00' 20 W (P B. 148, PG. 14, B.C.R.) 38.86' S01'27'50"E 1I5. 9' N88'29'40"E 274.35' N88'29'40"E 14 .13' N01'54'36"W S88'29'40"W 256.56' 0 S88-29'40"W 134'.57' 26.15' 0 S01'54'36"E °N° 26.06' S18'57'14"W LD S88'05'24"W - 2.70' v 12.00' - S88'29'40"W �� P Ln 5.78' r` "V N Q m UN S89'22'11"E 3 z <. 8.9 8' � SCALE: 1"=60' N00'37'49"E06 z 12.00' P � Q 7, N89'22'11"W W Z 7 9.42 W w a � w U r N I 0 m �w LEGEND: io a 0 0'� � a L = ARC LENGTH 0D� B.C.R. = BROWARD COUNTY RECORDS 0 N aw Z CA = CENTRAL ANGLE M a FB/PG = FIELD BOOK AND PAGE 1n P.O.B. = POINT OF BEGINNING r\ P.O.C. = POINT OF COMMENCEMENT N PB = PLAT BOOK PG = PAGE O R = RADIUS DISTANCE N SQ.FT. = SQUARE FEET = CENTERLINE 3: L.B. = LICENSE BUSINESS o U.E. = UTILITY EASEMENT Ln I.E.E. = INGRESS/EGRESS EASEMENT = NON-VEHICULAR INGRESS/ cv EGRESS LINE O Z S89'44'03"E P.0.C. 9.83' 0 Southwesterly corner of N00'15'57"E � Track A "SWEDE LAND" Plot co S88'32'10"W =G P.B. 148, Pg. 14, B.C.R. 12.00' °' 20.90' N89'44'03"W 10.20' o n LO (P.O. 148. PG. 14, B.0 R) M i� &S88'37'24"W SOUTH LINE 5, 7 TRACT A 374" 522.7 ' P,0,8.#2 12.00' CLIENT: CITY OF DANIA PROJECT NO. 98-2884 SHEET 6 OF 6 SHEETS REVISION DWN DATE FB/PG Calvin, Giordano 6 Associates, Inc ADD SAN, SEWER EASEMENT CPM 07-11-02 - Engineers Surveyors Planners 'Zif ® 1800 Eller Drive, Suite 600 (Ili Ft. Lauderdale, Florida 33316 954.921.7781 954.921.8807 fax Certificate of Authorization No. 6791 p:',projects\982884 sheridon 400\survey\colc`,ss—ws—eosement2.dwg INSTR#102407015 OR BK 34089 Pages 642-652 RECORDED 11/12/0214:53:25 BROWARD COUNTY COMMISSION THIS INSTRUMENT PREPARED BY DEPUTY CLE DOC ST CLE: $0.70 RK 2000 AND SHOULD BE RETURNED TO: #6, 11 Pages Dana J. Schindler, Esq. WEISS SEROTA HELFMAN PASTORIZA&GUEDES,P.A. 2665 South Bayshore Drive, Suite 420 Miami,FL 33133 (305)854-0800 WATERLINE EASEMENT MAY 3 12002 THIS WATERLINE EASEMENT (the "Easement") dated 2QQ2, from SHERIDAN EAST APTS, LTD., a Florida limited partnership, having an address of 701 Northwest 62"d Avenue, Suite 110, Miami, Florida 33126 (hereinafter "Grantor"), to the CITY OF DANIA BEACH, a Florida municipal corporation, having an address at 100 West Beach Boulevard, Dania Beach, Florida 33004 (hereinafter "Grantee"). RECITALS: Grantor owns fee simple title to certain real property located in Broward County, Florida, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Servient Estate"); and Grantor has agreed to grant to Grantee this Easement, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the sum of TEN AND NO/100 DOLLARS ($10.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: Grantor hereby grants, bargains and sells to Grantee, its successors and assigns, perpetual easement under, over and across parcel of real property, the legal description of which is attached hereto as Exhibit "B" and incorporated by reference herein (hereinafter the "Easement Area" or "Easement"). Grantor has full power and authority to convey the rights and easement conveyed herein, and will defend the title to same from and against the claims of all persons whomsoever, subject however, to easement, covenants and restrictions of record as of the date hereof, real estate taxes and assessments not yet due and payable and zoning, building and other applicable laws, codes and regulations. Grantee may use the Easement Area for the installation, use and maintenance of water • lines. 1 Grantee's right to utilize the Easement Area shall be exclusive to the extent that Grantor i, shall grant no easement or license, nor make any covenants, having the effect of permitting use of the Easement Area by anyone other than Grantee, except Grantor may grant an easement to other utilities that cross this Easement Area at right angles so long as such utility easements do not interfere with Grantee's use of the Easement Area. Grantor may, for its own purpose, utilize the surface area of the Easement Area except in such areas as are used by Grantee in the exercise of its rights under this Easement. The Grantee's use of the surface area of the Easement shall be further limited to the use of the surface area of the Easement for landscaped areas (no trees), parking, driveways, open space recreation areas and other uses and improvements in accordance with plans as are approved by Grantee or its utilities department; but shall not include the establishment of permanent buildings or other structures (such as walls, pools, tennis courts, handball courts, etc.). The Grantor shall maintain the surface area of the Easement. Grantor grants to Grantee a perpetual non-exclusive easement upon the Servient Estate described in attached Exhibit "A" whereby Grantee shall have the free right to enter upon and depart over and across the Servient Estate and the Easement Area to the extent necessary to fully exercise Grantee's rights within the Easement Area, for purposes including but not limited to, inspection, maintenance, repair, and replacement or reinstallation of utility facilities, but Grantee shall be responsible to restore the Easement Area to its original natural surface state only. The provisions of this Easement shall be binding on the parties hereto and their respective successors and assigns as a covenant running with the land and binding upon the Servient Estate. The Easement shall not be released or amended without consent of the Grantee as evidenced by a document signed with the same formalities as this document. Grantee shall record this document in the Public Records of Broward County, Florida. This instrument contains the entire agreement between the parties relating to the rights granted and the obligation assumed pursuant to this instrument. Any oral representations or modifications concerning this instrument shall be of no force and effect, excepting a subsequent modification reduced to writing, signed by the party to be charged therewith. [Acknowledgment on following page] • 2 IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal on the day and year first above written. Sheridan East Apts, Ltd, a Florida limited partnership Witnesses: By: Sheridan East Apts, LLC, (As to Ramon R. Cacicedo only) a Florida limited liability company, its General Partner viw BY: Ramon R. Cacicedo, Jr. Ramon R. Cacicedo, Co-Manager Vivian Royuela Witnesses: (as to Karl W. Adler only) By: �E�lN M. Karl W. Adler, Co-Manager �EAti�Z � . LAC y [Notary acknowledgments on following page] 3 STATE OF FLORIDA ) ® SS COUNTY OF MIAMI-DADE ) G�J✓�'I 3� The foregoing instrument was acknowledged before me on February ,2002 by Ramon R. Cacicedo, as Co-Manager of Sheridan East Apts, LLC, a Florida limited liability company, the General Partner of Sheridan East Apts, Ltd., a Florida limited partnership, on behalf of the company and the partnership, who is personally known to me and who did not take an oath. Notary Public, State of Fl r da i go� F� VIVIAN ROYUELA STATE OF FLORIDA ) r�ga)My Comm Exp.8/15/104 c No.CC 946185 SS I Fe:sonalfy Known (1 Other I.D. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me on-F44u4ry , 2002 by Karl W. Adler, as Co-Manager of Sheridan East Apts, LLC, a Florida limited liability company, the General Partner of Sheridan East Apts, Ltd., a Florida limited partnership, on behalf of the ® company and the partnership, who is personally known to me and who did not take an oath. Notary Public, State of Florida Eleanor M Cleary My Commission DD056294 o,ry Expires September 11 2005 4 Aug 26 02 10 : 26a Westwood National Title 305 265 8527 p. 17 JOINDER CONSENT AND SIMORDINATION The undersigned hereby certifies that BANK 01: AMERICA, N.A., a national banking association, (the "Mortgagee") is the holder of that certain mortgage encumbering the property described on Exhibit "A" attached hereto and made a part hereof (the "Property"). That the Mortgagee hereby joins in and consents to the foregoing Easement in favor of the CITY Oh DANIA BF,ACH, a Florida municipal corporation. and agrees that its mortgage, which is recorded March 23, 2000 in Official Records Book 30358, at Page 51, as modified by Modification Agreement recorded May 30, 2000 in Official Records Book 30536. at Page 101, is further modified by Future Advance and Spreader Agreement recorded August 23, 2000 in Official Records Book 30789, at Palle 1243, and UCC Financing statements recorded March 23, 2000 in Official Records Book 30358, at Page 79, and .August 23, 2000 in Official Records Book 30789, at Page 1250, of the Public Records of Broward County, Florida, `hall be subordinated to the foregoing instrument. Signed, sealed and delivered BANK OF AMERICA. N.A., in the presence of: a national banking association zw� By: Print Name: __.__ Print ame: Its: , Cl'1 w►'' lc 2 f (CORPORATE SEAL) V 1� > STATE OF V U n;1 COUNTY OF THIS IS TO CERTIFY, that on this 2�day of ,Itit 6�- L S 7— 2002. before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally aS51c j p� S r � F i`of BANK OF appeared 1 r-i R r=i__t- N v 1 AMERICA, N.A., a national banking association, who [Vf'IS personally known to me or [ ] produced as identification. OFFICIAL NOTARY SEAL NOTARY PUBLIC PATRICIA L CARROLL � 'lC / % �, NOTARY PUBLIC STATE OF FLORIDA Print Narne: COMMISSION NO.CC798249 My Commission Fxpires: MY COMMISSION EXP.JAN.16,2003 1` 1),Il'LAIII:III i•tilll'rlJJll•11 lI Ui;lll'rlllll[A'C11111!.�Il 1. Si,•I)': 5 LAND DESCRIPTION A PORTION OF TRACT "A" "SWEDE LAND" CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA UTILITY EASEMENT A portion of Tract "A", "SWEDE LAND", according to the plat thereof as recorded in Plat Book 148, Page 14 of the Public Records of Broward County, Florida, being more particularly described as follows: COMMENCE at the Southwesterly corner of Tract "A" of said plat; THENCE North 88037'24" East, on the South line of said Tract "A", a distance of 38.96 feet to the POINT OF BEGINNING (P.O.B. #1); THENCE North 01001'08" West, a distance of 155.41 feet; THENCE South 88°55'40" West, a distance of 39.05 feet to a point on the West line of said Tract "A"; THENCE North 01°03'08" West, on the West line of said Tract "A", a distance of 12.00 feet; THENCE North 88055'40" East, a distance of 39.06 feet; THENCE North 01001'08" West, a distance of 239.95 feet; THENCE North 88047'14" East, a distance of 164.22 feet; THENCE North 01°30'21" West, a distance of 169.89 feet to a point on the North line of said Tract "A"; THENCE North 88°31'17" East, on the North line of said Tract "A", a distance of 12.00 feet; THENCE South 01°30'21" East, a distance of 59.30 feet; THENCE North 87°20'38" East, a distance of 9.28 feet; THENCE South 02°39'22" East, a distance of 12.00 feet; THENCE South 87°20'38" West, a distance of 9.52 feet; THENCE South 01°30'21" East, a distance of 110.64 feet; THENCE South 88°47'14" West, a distance of 144.71 feet; THENCE South 01°36'48" East, a distance of 9.36 feet; THENCE South 88°23'12" West, a distance of 12.00 feet; THENCE North 01°36'48" West, a distance of 9.45 feet; THENCE South 88°47'14" West, a distance of 7.61 feet; THENCE South 01'01'08" East, a distance of 234.62 feet; THENCE South 50°46'27" East, a distance of 18.65 feet; Prepared by: CALVIN,GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida 33316 03/20/02 P:\Projects\982884 SHERIDAN 400\SURVErLegal Description\SS-WS-EASEMENT.LGL.doc Sheet 1 of 6 Sheets Exhibit "A" THENCE North 88°56'25" East, a distance of 3.71 feet; THENCE South 01°03'08" East, a distance of 12.00 feet; THENCE South 88°56'25" West, a distance of 8.11 feet; THENCE North 501146'27" West, a distance of 12.90 feet; THENCE South 01°01'08" East, a distance of 6.97 feet; THENCE North 88'44'11" East, a distance of 8.20 feet; THENCE South 50°46'27" East, a distance of 1.20 feet; THENCE South 01°15'49" East, a distance of 11.22 feet; THENCE South 88'44'11" West, a distance of 9.16 feet; THENCE South 01°01'08" East, a distance of 91.16 feet; THENCE North 88°37'24" East, a distance of 165.15 feet; THENCE North 01°22'36" West, a distance of 34.26 feet; THENCE North 88°37'24" East, a distance of 12.00 feet; THENCE South 01°22'36" East, a distance of 46.26 feet; THENCE South 88°37'24" West, a distance of 177.22 feet; THENCE South 01'01'08" East, a distance of 22.86 feet to a point on the South line of said Tract THENCE South 88°37'24" West, on the South line of said Tract"`A", a distance of 12.00 feet to the POINT OF BEGINNING (P.O.B. #1); TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: COMMENCE at the Southwesterly corner of Tract "A" of said plat; THENCE North 88°37'24" East, on the South line of said Tract "A", a distance of 522.78 feet to the POINT OF BEGINNING (P.O.B. #2); THENCE North 01027'50" West, a distance of 70.34 feet; THENCE North 89044'03" West, a distance of 10.20 feet; THENCE North 00015'57" East, a distance of 12.00 feet; THENCE South 89044'03" East, a distance of 9.83 feet; THENCE North 01°27'50" West, a distance of 304.06 feet; THENCE North 89'22'11" West, a distance of 9.42 feet; Prepared by: CALVIN,GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive.Suite 600 Fort Lauderdale,Florida 33316 03/20/02 P:\Projects\982884 SHERIDAN 400\SURVEY\Lcgal Dcscription\SS-WS-EASEM ENT.LGL,doc Sheet 2 of 6 Sheets THENCE North 00037'49" East, a distance of 12.00 feet; THENCE South 89'22'11" East, a distance of 8.98 feet; THENCE North 01027'50" West, a distance of 128.06 feet; THENCE South 88°29'40" West, a distance of 256.56 feet; THENCE South 01°54'36" East, a distance of 26.06 feet; THENCE South 88°05'24" West, a distance of 12.00 feet; THENCE North 01054'36" West, a distance of 26.15 feet; THENCE South 88°29'40" West, a distance of 5.78 feet; THENCE North 01030'20" West, a distance of 12.00 feet; THENCE North 88°29'40" East, a distance of 274.35 feet; THENCE North 01°27'50" West, a distance of 38.86 feet to a point on the North line of said Tract «A),. THENCE North 88031'17" East, on the North line of said Tract "A", a distance of 12.00 feet; THENCE South 01°27'50" East, a distance of 10.86 feet; THENCE North 88008'08" East, a distance of 11.77 feet; THENCE South 0105 F52" East, a distance of 12.00 feet; THENCE South 88°08'08" West, a distance of 11.85 feet; THENCE South 01 027'50" East, a distance of 15.99 feet; THENCE North 88029'40" East, a distance of 147.13 feet; THENCE North 18057'14" East, a distance of 26.82 feet to a point on the East line of said Tract THENCE South 01'20'26" East, on the East line of said Tract"A", a distance of 34.60 feet; THENCE South 18°57'14" West, a distance of 2.70 feet; • THENCE South 88129'40" West, a distance of 134.57 feet; THENCE South 01°27'50" East, a distance of 428.16 feet; THENCE South 88'32'10" West, a distance of 20.90 feet; THENCE South 01°27'50" East, a distance of 98.35 feet to a point on the South line of said Tract THENCE South 88°37'24" West, on the South line of said Tract "A", a distance of 12.00 feet to the POINT OF BEGINNING (P.O.B. #2); Prepared by. CALVIN,GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida 33316 03/20/02 PAProjects\982884 SHERIDAN 400\SURVEY\Legal Description\SS-WS-EASEMENT.LGL.doc Sheet 3 of 6 Sheets Said lands lying in the City of Dania Beach, Broward County, Florida and containing 34,345 square feet (0.7884 acres) more or less. NOTES: 1. Not valid without the signature and original raised seal of a licensed Florida Surveyor and . Mapper. 2. Lands described hereon were not abstracted, by the Surveyor, for ownership, easements, rights- of-way or other matters that may appear in the Public Records of Broward County, Florida. 3. Bearings show on are relative to S E LAND, as recorded in Plat Book 148, Page 14, C E owar ounty Records with the South lin of Tract A having a bearing of North 88°37'24" 4. I form on shown h eon and on th ached sketch does not represent a Boundary Survey. a 1. CALVIN, CIATES, INC. Robert ;,,-apkso j Prof ssiona;, rV J r ti.31� pper Fl rida Re' t,r i Nurn er 158 r y, Prepared by: CALVIN,GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida 33316 03/20/02 P:\Projects\982884 SHERIDAN 400\SURVEY\Legal Description\SS-WS•EASEMENT.LGL.doc Sheet 4 of 6 Sheets SKETCH OF UTILITY EASEMENT A PORTION OF TRACT "A" "SWEDE LAND" CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA N88'31'17"E �- 12.00' -10' U.E. N-87'2-0 38"E (P.B. 148, PG. 14, B.C.R.) O n 9.28' NORTH LINE TRACT A 00 N � o (N SCALE: 1"=60' — S02'39'22"E 12.00' S87'20'38"W � w 9.52' N N (D Water Asbuilt O� O P z N N88'47'14"E 164.22' rm 74S88-47'14"W 144.71' (' S01'36'48"E 9.36' WEST LINE TRACT A '23'12"W of00' N N01'36'48"W CN 9.45' LEGEND: S88'47'14"W L = ARC LENGTH N 7.61' B.C.R. = BROWARD COUNTY RECORDS ,Itp CA = CENTRAL ANGLE w FB/PG = FIELD BOOK AND PAGE P.O.B. = POINT OF BEGINNING to o P.O.C. = POINT OF COMMENCEMENT O PB = PLAT BOOK Z 0 PG = PAGE R = RADIUS DISTANCE V) SQ.FT. = SQUARE FEET N88'55'40"E S50'46'27"E = CENTERLINE L.B. = LICENSE ,BUSINESS 3: 39.06 a 18.65' U.E. = UTILITY EASEMENT 00 _ N50'46'27"1N I.E.E. = INGRESS/EGRESS EASEMENT °� = NON-VEHICULAR INGRESS/ o 0 12.90' EGRESS LINE O C-i V1 N88'S6 25"E 0 3.71' Z S01'03'08"E S88'55'40"W 12.00' 39.05' JE .. S88'S6'25"W S01'01 8.11' 6,9 S501.20' "E N88'37'24"E N88'44'11 S01*15'49"E 1.20' 12.00' 8 20' w 11,22' N01'22'36"W o (o S88'44'11"W 34.26' 0 9.16' w a) O M CN N 11 PG. N N88'37'24"E 165.15' N cO N88'37' 1 ° o 3 8. ACRES) 42.31' ' A ot) —5837�24"� 1—L,22— -- I — — s01'01' §'� �� 690.04' (per Plot) P.O.C. // //// ////////// t2' U.E. Southwesterly corner of 12,00' so'(Row 148, PC 14, p.C.R.) Track A "SWEDE LAND" Plot S88'37'24"W , "SWEDE LAND" P.B. 148, Pg. 14, B.C.R. P•0.13 #1 P.B. 148, PG. 14. B.C.R. SOUTH LINE TRACT A CLIENT: CITY OF DANIA PROJECT NO. 98-2884 SHEET 5 OF 6SHEETS REVISION DWN DATE FB/PG Calvin, Giordano & Associates, Inc ADD SAN. SEWER EASEMENT CPM 07-11-02 - Engineers Surveyors Planners ® 1800 Eller Drive, Suite 600 Ft. Lauderdale, Florida 33316 954.921.7781 954.921.8807 fax Certificate of Authorization No. 6791 P:\projects\982884 sheridon 400\survey\colc\ss—ws—eosement2.dwq SKETCH OF UTILITY EASEMENT A PORTION OF TRACT "A" "SWEDE LAND" N18'57'14"E03460' E CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA 26.82' N88'31'17"E 12.00' NORTH LINE TRACT A S01'27'50"E 10.86' L N88'08'08"E 11.77' _ 01'51'S2 E 12.Ob' N01'30'20"W �u.E- N01'27'S0" —S8$O8'08 W 11.8 ' N01*3 (P.B. 148, PC. 14. B.C.R.) 38.86' SO *27'50"E 1I5. 9' 12. N88'29'40"E 274.35 N88'29'40"E 14 .13' N01'54'36"W S88'29'40"W 256.56' S88'29'40"W 1 .57' 26.15' o 06 S01'54'36"E CN 26.06' S18'57'14"W m S88'05'24"W �, 2.70' v 12.00' S88'29'40"W �� P Cd 5.78' I w N DAV 0 ra Q m N S89'22'11"E Z � _ a U 8.9 8' I Q SCALE: 1"=60' 10 GN00'37'49"E 00 I Z 12,00' P N89*22'11"W 1 w Z 9.42' w w Q K w u r Vf I Ln rD LEGEND: (D a a O �^ na 4 Ln L = ARC LENGTH 00 a B.C.R. = BROWARD COUNTY RECORDS n w Z ANGLE FB/PG = FIELDCA = CENTRAL BOOK AND PAGE O a' P.0.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT N PB = PLAT BOOK PG = PAGE p R = RADIUS DISTANCE N SQ.FT. = SQUARE FEET = CENTERLINE L.B. = LICENSE BUSINESS o U.E. = UTILITY EASEMENT !n I.E.E. = INGRESS/EGRESS EASEMENT = NON-VEHICULAR INGRESS/ N EGRESS LINE O 7 S89'44'03"E \ P.O.C. 9.83' Southwesterly corner of N00'15'S7"EJ;,�t Ln Trock A "SWEDE LAND" Plot 12 00' oo S88'32'10"W 1"� P.B. 148, Pg. 14, B.C.R. °' 20.90' N89'44' `1' 1.10.2 0' J (P'B, 148, PG. 14, B.C.R. N SOUTH LINE / \ — o TRACT — N88'374�'E� r P.O.B.#2 S88 37'24"W / 12.00' CLIENT: CITY OF DANIA PROJECT NO. 98-2884 SHEET 6 OF 6 SHEETS REVISION D WN DATE FB/PG Calvin, Giordano 6 Associates, Inc ADD SAN. SEWER EASEMENT CPM 07-11-02 - In Engineers Surveyors planners <aw ® 1800 Eller Drive, Suite 600 (I Ft. Lauderdale, Florida 33316 954.921.7781 954.921.8807 fax Certificate of Authorization No. 6791 p:\projects\982884 sheridon 400\survey\colc\ss-ws-eosement2.dwg e CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commissioners cc: Ivan Pato, City Manager Michael Sheridan, Public Works/Utilities Director Charlene Johnson, City Clerk FROM: Tom Ansbro, City Attorney • DATE: September 17, 2002 RE: Proposed Resolution Authorizing Acceptance of Water and Sewer System Improvements from Sheridan East Apts, Ltd,, a Florida limited partnership; Development Known as "Sheridan 400." Attached is a proposed Resolution which would authorize acceptance by the City of water and sewer system improvements, an Absolute Bill of Sale, Sanitary Sewer Easement and Waterline Easement from Sheridan East Apts, LLC, a Florida limited liability company, its General Partner, Sheridan East Apts, Ltd, a Florida Limited Partnership. While the project was completed some time ago and the water and sewer improvements have been in use, we discovered that the formal acceptance of the system improvements was never recorded in the Public Records. We want to ensure that these matters are of record and meet current city requirements. Commission review and adoption of this resolution are requested. TJA:slw Attachment