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HomeMy WebLinkAboutR-2013-156 Accepted an Amended & Restated Easement from Meadowbrook Lakes View Condominium Association ''A'', Inc. & a Utility Easement Agreement for Drainage, Water Main and Storm Water RESOLUTION NO. 2013-156 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA (THE "GRANTEE"), ACCEPTING AN AMENDED AND RESTATED EASEMENT FROM MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "A", INC., A FLORIDA NON-PROFIT CORPORATION (MEADOWBROOK "A") AND A UTILITY EASEMENT AGREEMENT FROM MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "B", INC., A FLORIDA NON-PROFIT CORPORATION (MEADOWBROOK `B") FOR PURPOSES OF DRAINAGE, WATER MAIN, STORM WATER, AND OTHER SIMILAR FUNCTIONS FOR THE BENEFIT OF THE GRANTORS, THE GRANTEE AND THE REAL PROPERTY DESCRIBED IN EXHIBITS `B" AND "D" ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND FURTHER; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission approves and accepts the Amended and Restated Easement from Grantor Meadowbrook"A" for purposes of drainage, water main, storm water, and other similar functions for the benefit of the "Condominium Property", the City and the Grantor; a copy of the Amended and Restated Easement is attached as Exhibit `B" and made a part of and is incorporated into this Resolution by this reference. Section 2. That the City Commission approves and accepts the Utility Easement Agreement from Grantor Meadowbrook `B" for purposes of drainage, water main, storm water, and other similar functions for the benefit of the "Condominium Property", the City and the Grantor; a copy of the Utility Easement Agreement is attached as Exhibit "D" and is made a part of and is incorporated into this Resolution by this reference. Section 3. That the City Manager, or his designee, is authorized to negotiate any modifications or amendments to the Amended and Restated Easement and the Utility Easement Agreement, and to obtain any further documentation or approvals required in connection with the Amended and Restated Easement and the Utility Easement Agreement upon the approval of the City Attorney as to form and legal sufficiency. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on December 10, 2013. ATTEST: LOUISE STILSON, CMC WAA TER B. DUKE,III CITY CLERK MAYOR APPROVED A O AND CORRECTNESS: 1 THOMAS J. S O CITY ATTOXNEY 2 RESOLUTION#2013-156 I Exhibit"A" All of Dania Golf Course,according to the plat thereof recorded in Plat Book 32,Page 17,Public Records of Broward County,Florida,said lands situate,lying and being in Broward County,Florida EXHIBIT B THIS INSTRUMENT PREPARED BY AND AFTER RECORDING,RETURN TO Eduardo M. Soto,Esq. Weiss Serota Helfman Pastoriza Cole&Boniske,P.L. 2525 Ponce de Leon Blvd.,Suite 700 Coral Gables,FL 33134 AMENDED AND RESTATED EASEMENT On this day of ,2013,Meadowbrook Lakes View Condominium Association"A", Inc.,a Florida corporation,having an address of 315 S.E.P Street Dania Beach,Florida 33004,(the"Grantor"), expressly grants this Amended and Restated Easement(the"Amended Easement")to the City of Dania Beach,a municipal corporation of the State of Florida,having an address at 100 W.Dania Beach Blvd.,Dania Beach,Florida 33004 (the"Grantee"),subject to the following provisions and in consideration of the sum of Ten Dollars($10.00) and other good and valuable consideration paid by Grantee to Grantor,receipt and sufficiency of which is hereby acknowledged by both parties,the Grantee and Grantor agree as follows: WHEREAS,Grantor granted Grantee an easement,which easement was recorded in Official Records Book 9890, Page 400,of the Public Records of Broward County,Florida(the"Initial Easement");and WHEREAS,the Initial Easement,provided certain rights to the Grantee including easement rights for purposes of drainage,watermain,stormwater,and other similar functions for the benefit of real property legally described in Exhibit"A"attached hereto(the"Condominium Property");and WHEREAS,within certain portions of the Condominium Property,as legally described in the Initial Easement,the Grantor granted the rights as set forth in the Initial Easement to the Grantor;and WHEREAS,the Initial Easement intended to provide easement rights to the Grantee for a pump house(the"Pump House")and over certain portions of the Condominium Property whereupon the Pump House is situated; WHEREAS,Grantee has agreed to repair and refurbish the Pump House in the manner set forth in Calvin Giordano's Job Number 09-2995(the"Plans")and requires additional and revised easements over certain portions of the Condominium Property owned by the Grantor; WHEREAS,Grantee and Grantor desire amend the Initial Easement to provide for easements related drainage, watermain,stormwater,and other similar functions related to the Pump House. Now,therefore,in consideration of the sum of Ten Dollars($10.00)and other good and valuable consideration paid by Grantee to Grantor,receipt and sufficiency of which is hereby acknowledged by both parties,the Grantee and Grantor to agree as follows: 1. The above recitals are true and correct. 2. The Initial Easement is hereby amended and restated as follows: (i) The following shall be added to Section VI of the Initial Easement: a) "Grantor hereby grants,bargains and sells to Grantee,its successors and assigns,a perpetual easement in,under,over,through,across and upon portions of the Condominium Property,to the extent that the Grantor owns such portions of the Condominium Property,as are more particularly described in Exhibit`B-1";Exhibit"B- 2";Exhibit"B-3";Exhibit`13 4",Exhibit`B-5"and Exhibit`B-6"attached hereto and incorporated by reference herein(hereinafter,collectively the"Pump House Easement Area"),for the purpose of constructing,maintaining,inspecting,operating,and repairing a pump house facility,the above ground area of which shall not exceed the area of the planned pump house as set forth in the Plans a copy of which is attached hereto as Exhibit"C". Grantee or its agents shall not modify the Plans in a manner that materially expands the above ground area,height,or overall size of the final constructed pump house without first obtaining the consent of the Grantor,which Grantor may withhold in its sole discretion." b) "Grantor grants to Grantee an easement in,under,over,through,across and upon the Condominium Property for purposes of free ingress and egress to the Pump House Easement Area for purposes of construction and maintenance thereof. Grantee and/or its duly authorized representatives will restore any portion of the Condominium Property affected by the construction to a safe and sanitary condition after the construction has been completed.Grantor may,for its own purposes,utilize the Pump House Easement Area and shall retain a right of free ingress and egress under,over and upon the Pump House Easement Area;provided that,in no event,shall any of the rights herein reserved to Grantor impede the easement herein granted or the exercise of Grantee's rights of use thereunder.Grantee shall check the status of existing underground pipe(s)under existing sink holes,and to the extent that Grantor owns such pipes,make repairs as necessary. In connection therewith,Grantee grants the Grantee a license to enter upon the Condominium Property owned and controlled by the Grantor for the purpose of investigating repairing sinkholes.Grantee shall repair any sinkholes caused in the past or future by its construction upon or use of the Pump House Easement Area or that are otherwise caused by Grantee,its agents or employees.If any sinkholes are determined to be caused by storm drainage,Grantee shall be responsible for repairing same,unless it is a shared system,in which case,the cost of repair shall be shared equally,although Grantee may not incur expense on the Grantor's behalf without its authorization." (ii) Section VII of the Initial Easement,and the general grant of authority conveyed therein,shall be deemed inapplicable to the Amended Easement Area,but shall otherwise remain in effect as to the real property described therein. 3. The provisions of this Amended Easement shall be binding on the parties hereto and their respective successors and assigns as a covenant running with and binding upon the Condominium Property. 4. All other terms,covenants,and conditions of the Initial Easement which have not been amended or modified by these presents,are hereby confirmed and ratified. 5. This instrument contains the entire agreement between the parties relating to the rights granted and the obligations 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. To the extent that there exist modifications to the Initial Easement any prior to this Amended Easement, whether such modifications were in writing,oral,or otherwise agreed,such modifications shall have no force or effect.Grantee shall record this document in the Public Records of Broward County,Florida. 6. Grantor and/or Grantee shall each have the right to enforce the terms of this Amended Easement and the rights and obligations created herein by all remedies provided under the laws of the State of Florida, including,without limitation,the right to sue for damages for breach or for injunction or specific performance. IN WITNESS WHEREOF,Grantor and Grantee have hereunto set their hands and seal on this day and year first above written. GRANTOR: Signed,sealed and Meadowbrook Lakes View Condominium Association delivered in the presence of: "A",Inc.,a Florida corporation, Witness By: Print Name Name: Title:President Witness Print Name STATE OF FLORIDA ) ss: COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of ,2013 by as President of the Meadowbrook Lakes View Condominium Association"A",Inc.,a Florida corporation. NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: Signed,sealed and GRANTEE: delivered in the presence of CITY OF DANIA BEACH,FLORIDA Witness a municipal corporation By: Print Name Robert Baldwin City Manager Witness Print Name ATTEST: Date of execution: _,2013 Louise Stilson,City Clerk Approved as to form and correctness: By: Thomas J.Ansbro,City Attorney Exhibit"B-1" LEGAL DESCRIPTION PUMP HOUSE PARCEL CITY OF DANIA BEACH,13ROWARD COUNTY,FLORIDA A portion of"DANIA GOLF COURSE",according to the plat thereof as recorded in Plat Book 32, Page 17 of the Public Records of Broward County, Florida and being more particularly described as follows: COMMENCING at the Southwest comer of said"DANIA GOLF COURSE"; THENCE North 87140'48"East on the South line of said"DANIA GOLF COURSE",a distance of 537.62 feet; THENCE North 16°56'53"West,a distance of 230.20 feet;to the POINT OF BEGINNING; THENCE South 73'03'07"West,a distance of 14.37 feet; THENCE North 16056153"West,a distance of 2 1.10 feet; THENCE South 73'03'07"West,a distance of 5.00 feet; THENCE North 16'56'53"West,a distance of 5.00 feet; THENCE North 73'03'07"East,a distance of 37.08 feet; THENCE South 16'56'53"East,a distance of 5.00 feet; THENCE South 73003'07"West,a distance of 5.00 feet; THENCE South 16056'53"East,a distance of 21.10 feet; THENCE South 73003'07"West,a distance of 12.71 feet to the POINT OF BEGINNING; Said lands lying in City of Dania Beach,Broward County,Florida and containing an area of 757 square feet(0.0173 acres),more or less. SURVEYOR'S NOTES: I. Unless this Sketch of Legal Description bears the signature and raised seal of a Florida Licensed Surveyor and Mapper, this map is for informational purposes only and is not valid. Additions and deletions made to the face of this sketch and description will make this Sketch of Legal Description invalid. 2- Lands shown hereon were not abstracted by the stuveyor for rights-of-way, easements, ownership or other instruments of record. Prcpated By: CALVIN.GIORDANO AND ASSOCIATES,INC. 1200 Eller Drive,Suite6w Pon laudetdale,Florida 33316 September 9,2009,Revs September 29,2011;Revs Felsuary 26,2013 P:It'rojeets1200M2777 Dania Beach—Expand Basin 5 includes Publix and Sheridan StmeMurveylLegal Lkwvptiom;M777-V-SD-ESMT- PUMP.doe Sheet 1 of 3 3. Bearings shown hereon are relative to the South line of said"DANIA GOLF COURSE", having an assumed bearing of North 87°40'48"East. 4. The description contained herein does not represent a field boundary survey. 5. Unless otherwise noted heron,record values and field measured values are in substantial agreement. 6. Unless otherwise shown hereon,no encroachments encumber described subject property. 7. Calvin Giordano&Associates Inc.Certificate of Authorization Number is L.B.6791. CALVIN,GIORDANO&ASSOCIATES,INC. Signed: DATE: 2'-*2&-2o0 regory 1.CI ;lAand 'Professional u-NVol: pper Florida Regisiration Number 4479 Prepared By: CALVIN,OIORDANO AND ASSOCIATES,INC. 1900 Eller Drive,Suite600 Fort Lauderdale,Florida M316 September 9.2009:Revs September 29,2011;Revs February 26,2013 PAProjeeu120 0 9 092 7 7 7 Dania Beach—Expand Basin 5 includes Publix mid Sheridmt StreeOSurvey%LcFd Deseriptiomt092777-V-SD.FSMT- PLIW&e Sheet 2 of 3 SKETCH OF LEGAL DESCRIPTION PUMP HOUSE PARCEL N FTER �J J NI 1 LLYWOOD AIRPORT LAKE ' Y L E 3 In ,po 5 1. DANu BEACH BLVD pt6 53 Nj3p3 �• 5��4 O E Q. < r n. y�poW_ 5 1 1! in ID�SCH <' S�3roS0�t}O AREA Nt6;5b t i3'7 SHERIOAN ST LOCATION MAP Z NDt7oScale 's�� 1 J + J i f Y v EADONIc OWBROOLAKES VIEW t CONDOMINIUM - �_ ASSOCIATION.INC. L , t \ t + --_---___ LA t T ASPHALT MEADOWBROOK LAKES VIEW t 'fc l t PARKING I o CONDOMINIUM ASSOCIATION.INC. \ i A PORTION OF + GRAPHIC SCALE 'DANIA GOLF COURSE- �__--- • ` j 0 40 BO DO (P.B.32.PC. 17.B.C.R.)CL 1'1 I j \ OCR = BROWARO CCUNTY RECORDS - - C/:. CEN TERLINF PROPOSED 25.00'UTILITY CA5CMENI ` \ ` PROPOSE,. J v D - CEN ORAL ANGLE \ + INGRESS// cc I = ARC LENGTH 1 t, I EGRESS ORD - OFFICIAL RECORDS BOOK i, CASEMENT pa - ILAT BOOK u PC - PACE ` ` x' PCB nINT OF BEGINNING SOUTH LINE OF + i w R = RADIUS P.B. 32, PC. 17. B.C.R. t \ R/W = RlCfil DF•WAY + 1i jr SOT I. = SOUARE FEET t n (BASIS OF BEARINC) + v NBT40'WE 537.62' ¢I — 0 NORTN R/Y4 LINE OF S.E. 3RD STREET - o �PNT qr ` COMMENCEMENT - ._..i.36 ^H ^ S.W. CORNER OF - "— nDANIA GOLF COUSE _— ` --_ --'_. —_-.---• �'[' (P.R. 32.PG. 17.B-C.R.) `--CA OF R/W OF S.E. ]RO STREET S.E. 3RD STREET m Revision: I cbruory 26. 2013 SOUM R/W LINE OF S.£.]RD STREET N Revision: S.ptemher 29, 2011 Caw,GwrdanoSAssociates.Inc. MEADOWBROOK LAKES � 00 0 EXCEPT TONAL SOLD rIONf 1 = - IM/L..a:..L.rm,a .�..H d,,fl. . CITY OF DANIA BEACH 09 277� 3 m—rftsTt.na re:sf+.erT.lnT BROWARD COUNTY, FLORIDA ❑_ ' carUNe.re m AmnenuU.A owl09-02-09 uo vI w\ i S Exhibit"B-2" LEGAL DESCRIPTION UTILITY EASEMENT CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA A portion of"DANIA GOLF COURSE",according to the plat thereof as recorded in Plat Book 32,Page 17 of the Public Records of Broward County,Florida,and being more particularly described as follows: BEGINNING at the intersection of the North right-of-way line of S.E.3nd Street and the West right-of-way line of S.E.51'Avenue of said"DANIA GOLF COURSE"; THENCE South 87°40'48"West on the North right-of-way line of said S.E.3"d Street,a distance of 765.79 feet; THENCE North 16°56'53"West,a distance of 226.93 feet; THENCE North 73003'07"East,a distance of 25.00 feet; THENCE South 16°56'53"East,a distance of 212,79 feet; THENCE North 87°40'48"East,a distance of 745.20 feet to the intersection with the West right-of-way line of said S.E.5ie Avenue; THENCE South 02"13'03"East on said West right-of-way line,a distance of 20.00 feet; Said lands lying in City of Dania Beach,Broward County,Florida and containing an area of 20,606 square feet (0.473 acres),more or less. SURVEYOR'S NOTES: I. Unless this Sketch of Legal Description bears the signature and raised seal of a Florida Licensed Surveyor and Mapper,this map is for informational purposes only and is not valid. Additions and deletions made to the face of this sketch and description will make this Sketch of Legal Description invalid. 2. Lands shown hereon were not abstracted by the surveyor for rights-of-way,easements,ownership or other instruments of record. 3. Bearings shown hereon are relative to the South line of said "DANIA GOLF COURSE.", having an assumed bearing of North 87040'48"East. 4. The description contained herein does not represent a field boundary survey. 5. Unless otherwise noted hereon,record values and field measured values are in substantial agreement. 6. Unless otherwise shown hereon,no encroachments encumber described subject property. 7. Calvin Giordano Associates Inc.Certificate of Authorization Number is L.B.6791. ACAN,GIO ND C TES,INC. Date. 6-CnailSurveyor and Mapper Florida Registration Numlzr LS 4479 Prepared By_ CALVIN,GIGPDANV AND ASS60AT@S,INC. 1900 Filler Wive,Suire600 Fort Lauderdale,Florida 3 3I6 August 20,2009 Revised July 13,201 Z Revised February 26,2013 Revised March 20,2013 P,1Proiects120091092777 Dania Beach-Expand Basal 5 includes Publas and Sheridan Strcc6Survey%Legal 13escriptmnsXM777-VSD.ESMT-l1TIL.doc Shect I of 2 I W=2upnlr $ .� t '�N C n �yF9—T criS U� r ZQ I N$ i � � N p1 W < O F 3nr y 2 _ N O¢1L p P � (Y7'B 3nn3n s 3. AM £ £1ZO S � U WZ ip ymnMim S '�Y,snal I Qmp9 His � �R{ Q S plrOV�.00 O1.4 �Wo za dry lard 0'OZt- L { CO A O CL r n P 1 0 O z V J 1N31y�1rd!0 W god Q 3 VILL7 w U 1' m �1 x � Sti6�'S3 E �p.4yS gevi 0. cz y a u i mFliR Y 4 J am �n dim " W o� < W c w W co u V/ U14C$-clot 'QL WMJM6 aw mpWy upn;M S Ma"0u3-4 B�:M70 LC[LQOt �1 add! Exhibit"B-3" LEGAL DESCRIPTION INGRESS EGRESS EASEMENT CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA A portion of"DANIA GOLF COURSE",according to the plat thereof as recorded in Plat Book 32,Page 17 of the Public Records of Broward County,Florida and being more particularly described as follows: COMMENCING at the Southwest corner of said"DANIA GOLD COURSE"; THENCE North 87040'48" East on the South line of said "DANIA GOLF COURSE", a distance of 524.70 feet to the POINT OF BEGINNING; THENCE North 16056'53"West,a distance of 226.93 feet, THENCE North 73°03'07"East,a distance of 25.00 feet; THENCE South 16°56'53"East,a distance of 111.52 feet; THENCE Notch 87°40'48"East,a distance of 93.55 feet; THENCE South 02119'l2"East,a distance of 69.40 feet; THENCE North 87'40'48"East,a distance of 63.52 feet; THENCE South 02°19'12" East, a distance of 48.58 feet to the intersection with said South line of "DANIA GOLF COURSE"; THENCE South 87140'48"West on said South line,a distance of 35.00 feet; THENCE Notch 02°19'12" West,a distance of 10.58 feet to a point on the arc of a tangent curve to the left; THENCE Northwesterly, on the are of said curve, having a radius of 14.00 feet, a central angle of 90°00'00",and an are distance of 21.99 feet to a point of tangency; THENCE South 87140'48"West,a distance of 36.52 feet; THENCE North 02°19'12"West,a distance of 49.40 feet to a point on the arc of a tangent curve to the left; THENCE Northwesterly, on the arc of said curve, having a radius of 17.00 feet, a central angle of 90'00'00",and an arc distance of 26.70 feet to a point of tangency; Prepared 6y: CALVIN,GIORDANO AND ASSOCIATES,INC, 1300 Eller Drive,suite 600 Fort Lauderdale.Florida 33316 August 20.2009 Revised July 13.2012 Rcviscd Febrwy 28,2013 PAProjecW009%M777 Dania Beach-Expand Basin 5 includes Puhlix and Sheridan StrecW%urveyll.egal rkscriplions%092847-VSD-ESMI'-INCF:CR.dne Sheet 1 of 3 I THENCE South 87°4048"West,a distance of 37.5 t feet; THENCE South 16°56'53" East, a distance of 94.03 feet to the intersection with said South line of "DANIA GOLF COURSE"; THENCE South 87°4048" West on said South line, a distance of 25.84 feet to the POINT OF BEGINNING. Said lands lying in City of Dania Beach, Broward County, Florida and containing an area of 11,865 square feet(0.2723 acres),more or less. SURVEYOR'S NOTES: i. Unless this Sketch of Legal Description bears the signature and raised seal of a Florida Licensed Surveyor and Mapper,this map is for informational purposes only and is not valid. Additions and deletions made to the face of this sketch and description will make this Sketch of Legal Description invalid. 2. Lands shown hereon were not abstracted by the surveyor for rights-of-way, easements, ownership or other instruments of record. 3. Bearings shown hereon are relative to the South line of said"DANIA GOLF COURSE",having an assumed bearing of North 87040148"East. 4. The description contained herein does not represent a field boundary survey. 5. Unless otherwise noted hereon, record values and field measured values are in substantial agreement. 6. Unless otherwise shown hereon,no encroachments encumber described subject property. 7. Calvin Giordano&Associates Inc.Certificate of Authorization Number is L.B.6791. CALVIN,GIORDANO ASSOCIATES,INC. Date: -28-��►3 egory .Cle rofessional rveyor and Mapper Florida Registration Number LS 4479 Prepared By: CALVIN.GIORDANO AND ASSOCIATES,INC. 1800fillet(hive,Suite600 Fon Lauderdale,Florida 31316 August 20,2009 Revised July 13,2012 Revised February 28.2013 P:1Projects12UWAM2777 Dania Beach-rxpand Basin 5 includes Publix and Sheridan StreetSurvey\Legal r.vscriplansW92847-V-SO-ESMT-t*IGEGR doc Sheet 2 of 3 zWf=911NV1(V O b M o r1itm tl LU UW 'J6 V 6 6 16 � �si s W W Q W i so W ! W F 3IW lZ N o 3 a COOW ii ;oQ00. iHJ*, 3S U V ` 1N3n3,yd NG W edaj 9 tv 4UV b ge V] oo asg '° § I .,000q 6� ii v o pit LN3Ki1►tl jp m ��.0 1 �, I.ZON 0-i o� O Q u 106 ia lr c$ 8l $ 6 +� �y F+cam+ z o S p ul r bi W J 'A p ed n m e; g3q C4 1EA j1:01ga b, i yy� C{ V ��j( m `} r *d **It*-floc v OnMOlg39Ni-05-A-LLLL60�K�131T��"�^S\f+N1S�PI�4 P�-4Wd-P"C"9% -V-O.B 014-0 LLLZ60W600Z�h Exhibit"B-4" LEGAL DESCRIPTION DRAINAGE EASEMENT A MEADOWBROOK LAKES CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA A portion of"DANIA GOLF COURSE",according to the plat thereof as recorded in Plat Book 32,Page 17 of the Public Records of Broward County,Florida and being more particularly described as follows: BEGINNING at the intersection of the North right-of-way line of the Southeast 3rd Street and the East right-of-way line of the Southeast 3`d Avenue as shown on said"DANIA GOLF COURSE"plat; THENCE North 01"39'20"West on said East right-of-way line of the Southeast Yd Avenue,a distance of 19.82 feet; THENCE North 1901720"East,a distance of 192.04 feet to the intersection with the edge of water; THENCE North 69e56'58"East along the edge of water,a distance of 25.86 feet; 'MF,NCE South 19a 1770"West,a distance of 221.93 feet to the intersection with said North right-of- way line of the Southeast Yd Street; THENCE South 8764048"West on said North right-of-way line of Southeast 3'd Street,a distance of 13.99 feet to the POINT OF BEGINNING. Said lands lying and being in the City of Dania Beach, Broward County, Florida, and having 4,276 Square Feet(0.098 Acres)more or less. SURVEYOR'S NOTES: I. Unless this Sketch of Legal Description bears the signature and raised seal of a Florida Licensed Surveyor and Mapper,this map is for informational purposes only and is not valid. Additions and deletions made to the face of this sketch and description will make this Sketch of Legal Description invalid. 2. Lands shown hereon were not abstracted by the surveyor for rights-of-way,easements,ownership or other instruments of record. 3. Bearings shown hereon are relative to the West line of said"DANIA GOLF COURSE",having an assumed bearing of North 8r40'48"East. 4. The description contained herein does not represent a field boundary survey. CAL 4,GIORAAN ASSOCIATES,INC. _ _ Date: regory .C e Professional Vuryeyoraad Mapper Florida Registration NamWr LS 4479 Prepared By: CALVIN.GIURI)ANO ANDASSMIKI'ES,INC. 1800 Ella Drive,Suitewo Fort Lauderdale,Florida 33316 Rev.:Mardi 20,2013 February 4,2010 P:1Pr*cts\20091092995 Mcadowbrook Drainage LocationstMuney%cgal Ikscrip9onsl092995-V-SD-Drainage Easement A.docx Sheet 1 of SKETCH OF LEGAL DESCRIPTION DRAINAGE EASEMENT 'A' LEGEND BIOG .GROW xG anowARu cane REcaros CENTERUK 0 -CENTRAL ANGLE L -ARC LENGTH ORB -OFFIOAL RECORDS BOON Pill -PLAT IKIK PC PACE POO -POINT OF BEGINNING GRMMC SCALE POG -POUT OF COMMENCEMENT 0 00 75 100 PT -POINT R .RADIOS REF .REFERENCE R/W -RIGHT-OF-WAY t IN 1 1 SO.FT .SQUARE FEET LAKE / / LAKE I / / 1 / ,.� BLRDINO z C01,10,010aw ASSOCIATION.INC. 4 U N m IS a0 Li rL if to I ^E v w in Z%/ h MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION, INC. v A PORTION OF "DANIA GOLF COURSE" /m y (P.B. 32, PC. 17, B.C.R.) Z o m NORTH R/W LINE OF S.E. 3R0 STREET 5E7'40'4e'M/ (P.O. 32, PG. 17. S.C_R) mew s. P.O.B. (PA 32.PG 1%B.C.R)4 Intersection of North R/W line S.E. 3rd Street---q— 1 T ^— dt East W fine Of�-� d Street S.E. 3RD STREET _ (P.S. 32, PG. 17, B.C.R.) (w R/w) 03-20-2013 REYIBED DRAWAGE EABENENT'A' LUK Calvin.G1DTdana&AssocNIta.lnc. MEADOWBROOK LAKES +Q' E%CEPIION, SOLUTIONS V 5D' 09-2995 oy ttmtaa,r.srim.r-,t.w.Wr.a.r,lals CITY OF DAM BEACH onE 6 Hw,9E1.FT1.77Ft fn.911.tltN07 2- BROWARD COUNTY,FLORIDA ''c RtH.6�a A m..ww.am Y-04-20T0 SEE LEFT 2 Exhibit"B-5" LEGAL DESCRIPTION DRAINAGE EASEMENT B MEADOWBROOK LAKES CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA A portion of"DANIA GOLF COURSE",according to the plat thereof as recorded in Plat Book 32,Page 17 of the Public Records of Broward County,Florida and being more particularly described as follows: COMMENCING at the intersection of the North right-of-way line of the Southeast 3"1 Street and the East right-of--way line of the Southeast Yd Avenue as shown on said"DANIA GOLF COURSE"plat; THENCE North 01 e39'20"West on said East right-of-way line of the Southeast Yd Avenue,a distance of 347.66 feet to the POINT OF BEGINNING; THENCE continue North 01e39'20"West on said West line,a distance of20.00 feet; THENCE North 88e48'28"East,a distance of 40.97 feet to the intersection with the edge of water; THENCE South along the edge of water,a distance oF20.00 feet THENCE South 88e48128"West,a distance of 4039 feet to the POINT OF BEGINNING; Said lands lying and being in the City of Dania Beach,Broward County,Florida,and having 814 Square Feet(0.018 Acres)more or less. SURVEYOR'S NOTES: 1. Unless this Sketch of Legal Description bears the signature and raised seat of a Florida Licensed Surveyor and Mapper,this map is for informational purposes only and is not valid. Additions and deletions made to the face of this sketch and description will make this Sketch of Legal Description invalid. 2. Lands shown hereon were not abstracted by the surveyor for rights-of-way,easements,ownership or other instruments of record. 3. Bearings shown hereon are relative to the West line of said"DANIA GOLF COURSE",having an assumed bearing of North 87e40'48"East. 4. The description contained herein does not represent a field boundary survey. CAL ,GIORDAN OC ES,INC. Date: Gre tiry J.C emo is Pr essional Su eyor and Mapper Florida Registr—iot:Numbcr LS 4479 Prepared By: CALVIN.GiORDANO AND ASSOCIATES,INC. 1900 Eller Drive,sa11e600 Fort Lauderdale,Florida 33316 Roy.:March 20.2013 February 4.2010 F1P10jaets1200%092995 Mcaduwhrook Drainage Location!SurveW.egal Dcsnipliomw92W5•V.SD-Dmatage Easement R.docx Sheet I oft SKETCH OF LEGAL DESCRIPTION DRAINAGE EASEMENT 'B' GRAPHIC SCALE 0 60 75 too (IF rur 1 I LEGEND a_ TERLIN SOtITM 20.00' \ :� E ouNTr Receaos 8 NWrW28n D -CENTRAL ANGLE L_ L ARC LENGTH p d ORB -OErK7AL RECORDS BOOK Z Fl d'.�•;, ` 20•PROPOSED P =P BOOK �• ACE FLOWAGE EASEMENT POB - POINT Or KOINING POC POINT Or COMMENCEMENT ' W ' 614 SOFT• { J 7 /r PT -POINT rl '.E' / / R -REFERS 40, (0.018 ACRES) REF .REFERENCE O / / S T .$WARE FEET Y d EDGE OF WATER / / a / 1 LLS g Ip v B�SAXES NEw Z `,TS E� 3=a, / / ��M�AS50CIATION.INC- HO c Do •O ov 7 Z` LJ Il Ia: MEADOWBROOK LAKES VIEW In Cd / / / CONDOMINIUM ASSOCIATION, INC, A PORTION OF "DANIA GOLF COURSE" $ / / (P.B. 32, PG. 17, B.C.R.) s �LI NORTH R/W LINE OF S.E. 3R0 STREET (P.B. 32, PG. 17, B.C.R.) is a z. S u PAC- (P.S.37,Pa 17.&r-R.) E Intersection of North R/W line S.E. 3rd Street EDst tine of SE, 3rd�treel S.E. 3RD STREET R (50 /10 P,B. 32. PG. 17E B,C.R.) _ S 3.20-2013 REVISED DRAINAGE EASEMENT T LY( I1XCI T10NA1rdwo 50tUT10NSAsodates,Inc. MEADOWBROOK LAKES u EIItFIT10NAl soluTloNs 17- 200' 09-2995 e MroM.e.cs.,.Emrml.e."4L9;u,s CITY OF DAM BEACH 2 � Ir=.s 9Si.v71./)11 F.9N,8)I./IJr O.IE GtlEaE L $ ,u.un..a u AullrwMuan b�l BROWARD COUNTY,FLORIDA Y-04-2010 E IEFT 2 s Exhibit"B-6" LEGAL DESCRIPTION DRAINAGE EASEMENT C MEADOWBROOK LAKES CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA A portion of"DANIA GOLF COURSE",according to the plat thereof as recorded in Plat Book 32,Page 17 of the Public Records of Broward County,Florida and being more particularly described as follows: COMMENCING at the intersection of the North right-of-way line of the Southeast 31d Street and the East right-of-way line of the Southeast 3'd Avenue as shown on said"DANIA GOLF COURSE"plat; THENCE North 01*39'20"West on said East right-of--way line of the Southeast 3r4 Avenue,a distance of 555.22 feet to the POINT OF BEGINNING; THENCE continue North 01639'20"West on said East right-of-way line of the Southeast 3r4 Avenue,a distance of 29.42 feet; THENCE South 44028'53"East,a distance of 108.30 feet to the intersection with the edge of water, THENCE South 51 a 12'08"West along the edge of water,a distance of 20.10 feet; THENCE North 44°28'53"West,a distance of 84.74 feet to the POINT OF BEGINNING; Said lands lying and being in the City of Dania Beach, Broward County, Florida, and having 1,930 Square Feet(0.044 Acres)more or less. SURVEYOR'S NOTES: 1. Unless this Sketch of Legal Description bears the signature and raised seal of a Florida Licensed Surveyor and Mapper,this map is for informational purposes only and is not valid. Additions and deletions made to the face of this sketch and description will make this Sketch of Legal Description invalid. 2. lands shown hereon were not abstracted by the surveyor for rights-of-way,easements,ownership or other instruments of record. 3. Bearings shown hereon are relative to the West line of said"DANIA GOLF COURSE",having an assumed bearing of North 87e40'48"East. 4- The description contained herein does not represent a field boundary survey. CALVIN,GIORDAN ASSOCIATES,INC, Date: 3-120 -zoo 1togory .Cl is siona urveyor slid Mapper Florida Registration NjItitbor E.S 4479 1'repared By. CALVIN,0K*DAN0 AND ASSOCIATES.INC. 1100 Eller Drive,Suite6M Fort Lauderdale,Florida 33316 Kcv.:March 20,2013 February 4,2010 I`APr*cts\20091092995 Meadowbrook Dravoge Locrlions\Survey\Legal Ikscriptions\09299S-V-SD•rhairroge Easement C.dora Sheet 1 ol`2 SKETCH OF LEGAL DESCRIPTION DRAINAGE EASEMENT 'C' ad C) 'yr*� r . moo• / / a I _ GRAPHIC SCAM D t 5o 75 ]Do LAKE 1 'pv Ir N EDGE OF \/ $ 101 PINT) WATER \ �' '" AND _BtnLdNa Z IIMfAAO COUNTr RECORDS -CENTERLRAE -CENTRALRO ANGLE L _ARC LENOTN ORO -OFFICIAL RECORDS BOOK PB -PLAT BOOK W PC -PACE Poo +POINT OF BECNRNNC PPooe .POINT OF CONANENCENENT I Q = REF _RFERENCE R/W -RIGHT-OF-WAY QSQ.FT . SQUARE FEET Nm 1C m CI e 0 VA a zra Lj fit- m fit I mo 9 MEADOWBROOK LAKES VIEW > I a CONDOMINIUM ASSOCIATION, INC. A PORTION OF "DANIA GOLF COURSE" I (P.O. 32, PG. 17, B.C.R.) yW N u m o NORTH R/W WNE OF S.E. 3RD STREET 0 1—^ (P.S. 32, G. 17. B.C.R.) e I � P.O.C. CPA 32.ln.O-CR.l — gg• Intersection of North R/W Ihle S.E. 3rd Street_G- g lira of S.E. 3rd Street Eost S.E. 3RQDRmSTREET (P.B. 32. PG. 17. B.C.R.) 20-20W REVISED DRAINAGE EASEMENT 'C' LMIK CahMt.GivT&no f Associates.Im. lavarearern. sNcn f XCt PTIONAI AOINTIONt MEADOWBROOK LAKES Irooawu.�sr.toA r au a mk rA.A.1 J16 CITY OF DANIA BEACH 2 a �. "fL.r.15f91T}TII fa:ASIf21Abl id -• uo BROWARD COUNTY. FLORIDA LTWunw.d Athrkd-sm 2-04-2010 S E 2 EXHIBIT C OSSCR 18TY Osi t port ost o "pANi1l t1BLF COURSE", wording to tho Plot t:heeoof, as recorded In flat book 32, page 17 of the Ptibl is Records of Sroaard County, Plorlda, sald portion being more particularly described as follows o /rat S Wert tn� t p r t3et rt s ` r i � W 4 p distance of 36.0Q teat to the west gh a y n &f95t h Avu�e h 0 W} 1g 1ne, a i t yih be rr l i Thence cont 3nut i+. 00017*08" W, along said West right-of-Way line, 294.11 #sat to the internectxoo with the North right-of-way litre of S,9. Ird Street, ae shown an said pl4t1 Thent:e W.49048154" W along said Wrth ri gilt-of-wary line, 332.01 foots thence 14100R11106" s.., 132.95 font: thane• S.85417034& 1.,, . 109.45 feet to reference ;saint "A"t thence 5,4460161" S., 31.30 feet; thence S.tl9"42'52" V., 101,61 fact to the pul"t Of sxrglttuing, loan that portlotl tlt0reor, described as (cilloWKi E:om snce at said references point "A", Thence s.W14107" W. , 10.00 feat to the point of Iae9tnntngs thence 9. 44645.5)" E., 59.67 toots thence S.45014107" W., 113.61 feett thence :t.44°45'53" Not 25,83 (oett•1 thOT100 S.45014107" W., 50,33 fret; thence N,4404545311 W„ 25.11) root t thence S.45014107" W„ 113.67 fact , thence N,44005153" Wa, 59.67 fearti t honce+ N. 45014107" S. 277.67 fast to the point of beginning. i And CayAl Jh„;arif,Lto,le E A I•arslol, of "1tAJJlA IWIY t011llt:P;•, ,u:ri,tYl[tnl to tiw Plat thartnJ .le rticor44rtf lu Mat bw* 32, fwytr 17 of thl: Mello I4m onli1 ur kl nlNt") LYfllJttyi YI I., , f "aJd I/ortiun builal m.lro Inert I4.v11,Y1 iy 11n1x riiant.w in1 H+wu1 � Cuntn0ncN at tht- Wortiemnt .kraut .11 lw t lull t . 'Ik,lfllnhii• 11 71tu}h, Ilytnl.r 4� lout/tllolicu un .In ai.allal4"1 lKtarf,xt I,I 16,ril4 wt ltuits'4 uJ: Ittl'INS"N. d1/Nx1 tENt 11,N:t[UII Yowttullitt itnu du afalwn em nald Plat a M84agcll a1 1-1.110 I11411. tit ik.! tf,,at Iti4lflt«o1- 1.11N1 tti SA, 5th. AVi•1N/N Ya all.lwtl Ilse led141 I•iat I tht•t"tt• Itinith INI datri•uu 17, INI" W. I -Vti n.ti4J IYi,Nt ktyt{Y-"t-Nay Lille a.1tlltahcr ul 7a5.Nl 1u1•I tit Ilp, ItittnL , pttur- M•t-'t14111 fresh ttb, eak-Dt-f ftt4hf-ul••rr.,y I.I,N• /.t R.Mt irtl, t:tl'talt .ta t4Ntwn -it; aaW 1'latf tiwtwu M. INJ.iafcvuo .1n' b.1" M. .IInIM naftl tttulh 111411t«t,l-tc•ty l.elnt, •4 t{U:La14LN 4>r II7.t►I Iln,t tit Lho Ih.11tt id 1xvt/INIIt�J/ 'CNollv4• ritn loaf•. m 141 1J1.t. Avelatett tI4Ljt„ LI4Ni;l+ tu.• 1 klltt ' `ttty)�' U TIMIMa• 1t. N4 41"ifl•„ft •1:' '.,' f'.t .aq..Il rw•11 cMuria' TS. oil " t•JA•t pt ' � � JAI, �qyDU'P'IN:nru t:.0 eIj' !•. Ntll4jt y 1.E�t111 t IvIL !� /i i 4 i•• 1 5 tYalet b•'er a 1 .wl vi kt4t set t'la•• hisses "A", 47"•lx'4• INN III n•J'Iv It•e•ti 41t' A" W./ 1.1,111 i4•,•I 44• lip, 1".1111 ..1 14^IIN1111M10 7UIp'" Nt,N}b •I'..i.•.plli•!1 14' 4/1" W. 't,,.,7 hells, f -twor tb11-I1 .41 •1i•II.•ly 41.1 ,,ix k.. tll,t.l l•»•,t ; i'b"U•u N.•ilt Is d', .b•Itw'rtt 14' u1" W. :Y.•tl t.rl t � 'rlwlnn Oil 1b •IR .I.'•f14n•.1 •!'.' '.i" k. •x1.,{j I..oli e 7}xVlai• 0-1111 d•. .A•lf.ve. 14' q,•' 1:.. .'•at 1•n•i1 €- TbOoWu '6,f1h 4: .6.I1.n••. 41.1 t.,^ k'., 111<••: /••..it 9 i'hvnt a t11.ri Is 4% .1iyi..•i 13' .t!" L.• ••'4.•I 14va t 9YIr4n'.• :b it 1, •94 .N+,/,w•. .j'.• '11" 1.., i'i.,.7 tP.•i i.• •la• 1t.11d .d 1'r•.l l,a.t/N, i E 2 G C 8 i p! S 5 i E A r k EXHIBIT D (Attached hereto) Ibis instrument was prepared by and after recording return to: I Eduardo M.Soto,Esq. Weiss Serota Hel6nan Pastorin Cole dt Boniske,P.L. 2525 Pone de Leon Blvd„Suite 700 Coral Gables,Florida 33134 UTILITY EASEMENT AGREEMENT THIS UTIIdTY EASEMENT AGREEMENT (this"Easement'l is made this day Of ,2013, by and between MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION"B",INC., a Florida non-profit corporation whose mailing address is Attention: Board of Directors, 250 SE 5th Avenue, Dania Beach, FL 33004 (hereinafter referred to as the "GRANTOR"}, and the CITY OF DANIA BEACH, a Florida municipal corporation, whose business address is (hereinafter referred to as the "GRANTEE'. RECITACSS 1. 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"Association Property'). 2. GRANTEE is seeking to refurbish the pump house which is located on certain real property adjacent to the Association Property(the"Pwnp House'). 3. GRANTEE is seeking to repair or replace certain existing underground drainage Imes connected to the Pump House, which traverse portions of the Association Property (the "Drainage Lines"). 4. GRANTEE is seeking a non-exclusive easement for the purpose of maintaining, repairing,refurbishing,and replacing the Pump House and Drainage Lines. 5. GRANTOR has agreed to grant to GRANTEE a non-exclusive easement limited to the express purposes outlined herein,as well as limited ingress and egress in, over,under,and upon certain portions of the Association Property(the"Easement Area")as more particularly described on Exhibit `B" attached hereto, for the purposes of installing, constructing, maintaining, repairing, replacing and operating the existing water and sewer utilities within the Easement Area, subject to the terms and conditions hereinafter set forth. K,lMW05661030135=70.DOC ACTIVE: 51446791 it NOW,THEREFORE, for and in consideration of the premises and the sum of TEN AND N0/100 DOLLARS ($10.00) paid in hand and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto do hereby agree as follows: 1. Recitals. The parties acknowledge that the foregoing recitals are true and correct and hereby incorporated into this Easement as if fully set forth herein. 2. Grant of Easement. GRANTOR does hereby grant and convey to GRANTEE and to no other person, a non-exclusive easement in, over, under, upon, across and through the Easement Area for the limited purpose of maintaining, repairing, refurbishing, or replacing the Pump House and Drainage Lines, subject to the terms and conditions hereinafter set forth. This Grant of Easement is limited to use by GRANTEE of the Pump House, Drainage Lines, and Easement Area for water and sewer only. GRANTEE cannot use the Pump House,Drainage Lines, or Easement Area for any use other than water and sewer. GRANTEE is prohibited from altering, expanding,adding to or changing the existing Pump House,Drainage Lines,and associated fixtures and equipment without the prior express written consent of GRANTOR, which consent can be unreasonably or arbitrarily withheld. 3. GRANTEE must minimize any impact to GRANTOR's ongoing activities on the Property in exercising GRANTEE's rights hereunder. GRANTEE must restore,to their original condition prior to GRANTEE's work,any buildings,structures or other improvements including, but not limited to fences, on, over or under the Easement Area that are removed by GRANTEE in connection with the exercise of if its rights hereunder. GRANTEE cannot cause waste to the Easement Area or adjoining property in the exercise of its rights hereunder, and at all times must keep the Easement Area in a neat,clean and organized manner. At the completion of the initial planned construction, which is limited to refurbishing the Pump House and repairing or replacing the Drainage Lines (the "Initial Construction!% and fiture construction by GRANTEE on the Easement Area, GRANTEE must remove all its waste materials and rubbish from and about the Easement Area,as well as its tools, construction equipment, machinery and surplus materials, and return all affected areas of the property to a broom clean condition. GRANTEE must provide dumpsters for the removal of all debris and for the proper removal of its contents. GRANTEE must wet down and cover the dumpster daily to prevent debris from spreading. The GRANTEE must provide portable toilets for use of GRANTEE's employees and subcontractors. If,after five(5)business days notice by GRANTOR to GRANTEE,GRANTEE has tl proceeded with the clean- as outlined in this Paragraph,then GRANTOR has the not diligently pr teed up grail , the clean-up at GRANTEE's cost and expense. A reasonable costs incurred right to proceed with p xp Try by GRANTOR in connection with the clean-up shall be the sole responsibility of GRANTEE and GRANTEE must immediately remit reimbursement to GRANTOR for same. K--M)M10566103M51M70.DW 2 ACTIVE: 5144679_1 i i i i Free, clear and unobstructed egress and ingress with respect to the Easement Area must be maintained by GRANTEE except as agreed to in writing by GRANTOR 4. General Maintenance and Repair. In exchange for use of the Easement Area as provided herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, GRANTEE must maintain and repair the Easement Area(including any and all improvements constructed thereon from time to time) in good condition and in a clean, orderly, and reasonably attractive manner, reasonable wear and tear excepted. At a minimum, the Easement Area must be maintained and repaired so that the condition of the Easement Area is consistent with the condition of the adjacent properties of GRANTOR. GRANTOR expressly reserves the right to promulgate further standards regulating the maintenance and repair of the Easement Area from time to time,provided that such standards are in keeping with the general landscaping and aesthetic of the Easement Area and areas adjacent thereto. GRANTEE expressly agrees to maintain and repair the Easement Area and all improvements thereon in strict accordance with all maintenance and repair standards set by GRANTOR. GRANTEE's failure or refusal to maintain and repair the Easement Area and improvements thereon in the condition described herein is a material breach of this Utility Easement Agreement. S. Notice: Additional Improvements: Restoration. GRANTEE must give at least fifteen(15)calendar days advance written notice,or reasonable notice for emergency service,to GRANTOR prior to GRANTEE accessing the Easement Area. All work,whether maintenance, repair, refurbishment, replacement, or emergency work, requires the express prior written approval from GRANTOR, which approval can be unreasonably or arbitrarily withheld. Despite such requirement for GRANTEE to obtain the express prior written approval from GRANTOR, GRANTEE can obtain prior written approval for normal or general maintenance only, but not replacement of, modifications or additions to the initially installed Pump House and Drainage Lines, by submitting a written request for approval to GRANTOR for a series of maintenance items not to exceed one (1) calendar year. For example, GRANTEE could submit a written request for GRANTOR to approve maintenance of the Pump House,whereby GRANTEE would maintain the existing Pump House for a duration of one(1)calendar year. The time, method and manner of all expansions or modifications to the initially installed Pump House and Drainage Lines, requires the prior written consent of GRANTOR, which consent can be arbitrarily or unreasonably withheld. GRANTEE agrees that any construction, reconstruction, maintenance, repair, or other work to be performed will be performed at GRANTEE's sole cost and expense and GRANTEE will repair or restore to its immediately prior condition, or if impossible to do then replace in kind, any damage of whatsoever kind or character to the Easement Area or any adjacent property damaged, whether real or personal, whether publicly or privately owned, resulting from GRANTEE's operations under this Easement Agreement. Further, GRANTEE cannot interfere with or disturb the peaceful use and possession of the Easement Area or adjacent properties by GRANTOR 6. Hours of Work. Hours of Work must be from 9:00 a.m. to 5:00 p.m. unless otherwise restricted by applicable law,ordinances,rules and regulations by the City of Dania Beach, K:1Docs10566%030%3512270.1)OC 3 ACTIVE. 51446791 Broward County, and/or rules and regulations of the Association or as may be required by emergency. GRANTEE must store and park materials,equipment,tools and vehicles only in those areas designated by Association and, if they are stored otherwise, the Association has the right to cause their removal and storage at the expense of the GRANTEE. GRANTEE can mobilize at 8:30 a.m.,but Work and noise cannot commence until 9:00 a.m. GRANTEE cannot perform Work on Saturdays or Sundays without the express written permission of the Association. The Easement Area is off limits to GRANTEE,its employees and all subcontractors of GRANTEE after working hours. 7. Adverse Feather Conditions. Should adverse conditions such as severe storms or hurricanes be forecasted, GRANTEE shall take all necessary precautions to remove any equipment which could be moved by the winds and become projectiles,and is solely responsible for all damage caused thereby. All precautionary measures and removal of such apparatus associated with providing all necessary precautionary measures must be provided by GRANTEE at no cost to Association. Materials can be supplied by the Association at its election. GRANTEE must properly secure all materials and equipment to avoid damage to the Association's property. 8. Covenants Running with the Land. This Easement, and the rights and interests created herein,run with the land and are binding upon and inuring to the benefit of the parties hereto and their respective successors and assigns. 9. Release. Waiver and Indemnity. GRANTEE hereby remises, releases, acquits, satisfies,and forever discharges GRANTOR,its members,employees,officers,directors and agents of and from all actions, causes of action, suits, sums of money, covenants, contracts, agreements, promises,damages,judgments,claims and demands whatsoever,in law or in equity,including such parties' own negligence, but excluding such parties' fraud or intentional or willful misconduct, whether inherent, known, unknown, patent, or latent; and hereby waives all actions, causes of actions, suits, sums of money, covenants, contracts, agreements, promises, damages, judgments, claims and demands whatsoever, in law or in equity, including such parties' own negligence, but excluding such parties' fraud or intentional or willful misconduct, whether inherent, known, unknown, patent, or latent, which said GRANTEE ever had, now has, or whichever any personal representative,successor,heir or assign of said GRANTEE hereafter can, has,or may have against GRANTOR, its members, employees, officers, directors and agents for, upon or by reason of any manner, cause or thing arising out of or concerning, but not limited to, this Utility Easement Agreement; and/or personal iq*es, death, or property damage suffered by said GRANTEE and said GRANTEE's officers, agents, invitees, contractors, members of the general public, invitees, guests, or third parties, including, but not limited to, all minor children; and/or arising out of or concerning, including, but not limited to, the use, misuse, operation, and maintenance of the Easement Area and/or the personal property and/or equipment located in or on the Easement Area. it being further understood, acknowledged and agreed by GRANTEE that use by GRANTEE of the Easement Area and/or personal property and/or equipment located in or on the Easement Area; and the use,misuse, operation, and maintenance of the Easement Area and/or the %:1D=W5661030135r 2270.DOC 4 ACTIVE": 51446791 personal property and/or equipment located in or on the Easement Area, for the sole and exclusive i benefit of GRANTEE, and GRANTEE assumes all risks whatsoever arising out of or concerning use, misuse, operation and maintenance by GRANTEE of the Easement Area and/or personal property and/or equipment located in or on the Easement Area; and/or personal injuries, death, or property damage suffered by GRANTEE and said GRANTEE's officers, agents, invitees, contractors, members of the general public, invitees, guests, or third parties, including, but not limited to,all minor children,whether inherent,known,unknown,patent,or latent. GRANTEE agrees to indemnify, defend and hold harmless GRANTOR, its members, employees, officers, directors and agents from any and all demands, claims, damages, actions, causes of action, controversies, losses, injuries and expenses, including attorney's fees and costs through all appellate levels,whether caused in whole or in part by such parties' own negligence,but excluding such parties' fraud or intentional or willful misconduct, whether inherent, known, unknown,patent,or latent,for death,disease,illness,personal injury,or property damage, including loss of use thereof, arising out of or concerning use, misuse, operation and maintenance by GRANTEE of the Easement Area and/or personal property and/or equipment located in or on the Easement Area; and/or personal injuries, death, or property damage suffered by GRANTEE and GRANTEE's officers,agents, invitees,contractors,members of the general public, invitees, guests, or third parties,including,but not limited to,all minor children. 10. ]Irrevocable Right of Ass and Use Retained by Grantor. Notwithstanding the grant of non-exclusive easement rights by GRANTOR to GRANTEE as provided herein, GRANTOR expressly reserves and GRANTEE expressly guarantees, an irrevocable right of access and use by GRANTOR to the Easement Area No notice need be given by GRANTOR to GRANTEE prior to GRANTOR accessing and using the Easement Area to perform maintenance, repair,replacement,modifications,or for any other purpose. 11. Reservation of Rights. GRANTOR hereby specifically reserves the right to use the Easement Area or to grant additional easements for any lawful purpose,and to any other party,not inconsistent with this Easement. 12. Ez2M Grant of Authority. GRANTEE cannot install any speed bumps, gates, traffic control devices, or in any way obstruct or limit access to any portion of the Easement Area, without the prior express written consent of GRANTOR, which consent can be arbitrarily or unreasonably withheld. GRANTOR hereby specifically reserves the right to unilaterally, and without the consent of GRANTEE,install speed bumps,gates,traffic control devices,or to obstruct or limit access to any portion of the Easement Area. GRANTEE irrevocably consents to such installation by GRANTOR and agrees that such installation does not impair GRANTEE's easement rights or give rise to any remedy hereunder. 13. Notices. Any and all notices required or permitted to be served pursuant to the terms of this instrument must be in writing and sent by(i)certified mail,return receipt requested and postage prepaid, (H)Federal Express or other nationally recognized overnight mail service,postage KADooW566W3 USL2270DOC 5 ACTIVE: 52446791 prepaid,(iii)facsimile with receipt confirmed,or(iv)hand delivered,as follows: As to Grantor: Meadowbrook Lakes View Condominium Association B,Inc. Attention:Board of Directors 250 SE 5th Avenue Dania Beach,FL 33004 With a copy to:Bedwr&Poliakotf,P.A. Attn: Bradley F.Rothenberg,Esq. 625 N.Flagler Drive,7'"Floor West Palm Beach,FL 33401 As to Grantee: City of Dania Beach With a copy to:Weiss Scrota Helfman Pastoriza Cole&Boniske,P.L. Attn: Eduardo Nt Soto,Esq. 2525 Ponce de Leon Blvd.,Suite 700 Coral Gables,Florida 33134 Notice given in accordance with this paragraph is effective upon the earlier of(i)three(3)business days after deposit in the U.S. Mail, (ii)after being delivered to Federal Express or other nationally recognized overnight mail service for overnight delivery, (iii) if sent via facsimile, on the date received, if on a business day and received prior to 5:00 pm.;otherwise on the next business day,or (iv)if hand delivered,upon actual receipt at the address of the addressee. Either party can change its address for notices by giving a notice of such change of address in accordance with the provisions of this paragraph 14. AtMrneys' Fees: In any action, proceeding, or litigation arising out of or concerning this Utility Easement Agreement,the prevailing party is entitled to recover all of its costs and reasonable attorneys' fees through all appellate levels. Venue for any action,proceeding, or litigation arising out of or concerning this Utility Easement Agreement must be in Broward County, Florida and the parties expressly waive their right to venue elsewhere. j I 15. Liens:Alterations. GRANTEE cannot create or permit any lien or encumbrance of any nature against the Easement Area or properly of GRANTOR,real or personal,for any reason whatsoever. GRANTEE does not have any authority to alter,modify and/or improve the Easement Area or any portion thereof or create any liens for labor or materials,or otherwise,on the Easement Area or any other property of GRANTOR,real or personal,without the prior express written consent of GRANTOR I 16. Casualty. GRANTEE is responsible for all repairs and replacements made I I K:1DocM5661030135I.2270.D0C 6 I ACTIVE: 51446791 I I I i i necessary by a casualty. GRANTEE must insure all portions of the Easement Area and all improvements thereon for a casualty, for their full replacement value. In the event of a casualty, GRANTEE must apply all proceeds of insurance obtained from GRANTEE's casualty insurance,to repair or replace the Easement Area and all improvements thereon. If the Easement Area is damaged by casualty,cannot be repaired or replaced,and is unusable for the purposes contemplated herein,GRANTEE can,by written notice to GRANTOR delivered within thirty(30)days following such casualty,terminate this Easement Agreement. 17. Condemnation. In the event of condemnation of the Easement Area,a taking by Eminent Domain, or some other event occurs rendering the Easement Area unusable for the purposes contemplated herein, GRANTEE can, by written notice to GRANTOR delivered within thirty(30)days following such taking,terminate this Easement Agreement. However, all proceeds of such taking or condemnation are the sole and exclusive property of GRANTOR,and GRANTEE has no right,title,or interest in such proceeds. 18. Compliance With Laws. GRANTEE and all persons or entities who provide services on the Easement Area on behalf of GRANTEE must provide all notices and comply with all local and County ordinances;State and Federal laws;requirements of State and County building codes;requirements of Federal, State,County and municipal authorities which are applicable to the improvements installed or to be installed on the Easement Area in accordance with this Utility Easement Agreement and the continued use of the Easement Area; municipal, County, State and Federal sanitary and environmental Iaws and rules and regulations, specifically including and not limited to, all local, County, State and Federal OSHA and EPA safety and environmental regulations; and all orders both present and future, and interpretations of such ordinances, requirements, laws, rules, and regulations by governing public authorities, regardless of whether such ordinances, requirement laws, rules and regulations are set forth in this Utility Easement Agreement. GRANTEE and all persons or entities who provide services on the Easement Area on behalf of GRANTEE must furnish, without any extra charge, additional materials and labor which are required to comply with such ordinances, requirements, laws, rules and regulations. GRANTEE and all persons or entities who provide services on the Easement Area on behalf of GRANTEE must secure, in its own name and right, and pay for all inspections, fees, permits, licenses,registrations and royalties necessary for the installation of the improvements on the land in the Easement Area in accordance with this Utility Easement Agreement and the continued use of the Easement Area. 19. Insurance. GRANTEE and all persons or entities who provide services on the Easement Area on behalf of GRANTEE must obtain and maintain broad form general liability insurance in an amount not less than one million dollars ($1,000,000.00)per occurrence and in the aggregate, with endorsements for property damage, personal injury, completed operations, contractual liability, XCU, owned, hired and non-owned vehicles, naming GRANTOR as an additional insured. GRANTEE and all persons or entities who provide services on the Easement Area on behalf of GRANTEE must obtain and maintain worker's compensation insurance in the minimum amount required by law. Upon request, GRANTEE and all persons or entities who provide services on the Easement Area on behalf of GRANTEE must K:IDocst05661030%35L2270.DOC 7 ACTnM: 51446791 i i i i provide GRANTOR with a certificate evidencing such insurance. GRANTOR can, from time to time, establish insurance standards for GRANTEE and for all persons or entities who provide services on the Easement Area on behalf of GRANTEE, in GRANTOR's sole discretion. GRANTEE and all persons or entities who provide services on the Easement Area on behalf of GRANTEE must obtain and maintain insurance in strict accordance with the standards set by GRANTOR. 20. Non- meat. GRANTEE cannot let, assign, or transfer any of its rights or responsibilities pursuant to this Utility Easement Agreement, or any interest therein, without the prior written consent of GRANTOR,which consent can be unreasonably or arbitrarily withheld. 21. Miscellaneous. This Easement must be construed under the laws of the State of Florida. GRANTEE can,at its cost and expense,record this Easement and any amendments hereto in the Public Records of Broward County, Florida. This Easement can only be modified, supplemented,revised,or terminated in writing signed by the parties,or their successors or assigns, and any modification is effective only upon recordation in the Public Records of Broward County, Florida. 22. Representation by Grantor. Grantor represents and warrants that the execution, delivery and performance of this Easement by Grantor has been duly authorized by all necessary actions. IN WITNESS WHEREOF, GRANTOR and GRANTEE have caused these presents to be executed by its duly authorized officers or representatives as of the day and year first above written. SIGNATURE PAGES FOLLOW WITNESSES: GRANTOR: K:1DoaA0566W30L3512276.D0C g ACTIVE; 51446791 MEADOWBROOK LAKES VIEW CONDOMM M ASSOCIATION "B", ' INC.,a Florida non-profit corporation Nam : rS � ✓ 2-1 N e: Title: "?lam�= S ►,�c'-�r-a STATE OF FLORIDA ) ss: COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this ems' day of e�" e e:� 2013 by jef b l /,;�-u,�55as President of the Meadowbrook Lakes View Condominium Associations"B",Inc.,a Florida corporation. 0 N Uq Pisa State or Fsonda NOTARY LIC, My Com(nagion SE075826 STATE OF FLORIDA EvWaa 08120=15 I I I i j i i i I KADomW566%030\35L2270.D0C j 9 ACTIVE: 5144679 1 i i GRANTEE: CITY OF DANU BEACH, a Florida municipal corporation Name: By: Name: Name: Title: City Manager Attest: By: City Clerk Approved as to form and legal sufficiency: City Attorney STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of , 2013, by , as City Manager of the CITY OF DANIA BEACH, a Florida municipal corporation,who (check one) [ ] is personally known to me or[ ]has produced as identification. NOTARY PUBLIC Print Name: My Commission Expires: KADocs105661030135L2270.D0C to ACTIVE: 51446791 y EXHIBIT"A" LEGAL DESCRIPTION OF ASSOCIATION PROPERTY KADocs\0566\030135L2270.DOC 11 ACTIVE: 51446791 o8$cR i PTY oil i port j on ZY "DANIA 00hP CQUK99", aocordlog to tbo flat ttheroaj, an recard*4 4n Plat book 32, page 17 of the public Records of 8roward County, Plorlda, said portion haing mare particularly desoirlbad as folxowst o e��'--4t t North► t arIn ar act n ng +i a once s yak ri N, Oa '4 _ a _ �.ons a awn' n 3 d f a � distance of 36*00 teat to the went —., gh �oP y - to of 4 S©Oh Av rtme _.-a h .�// v (w) t a liner ar i t - f7 �9.� � f�+ � t� �I bra Thence cant 3 note 0, 00d 17, 081, W, along said Rest right-of-way 11nat 294 . 11 feet to the i ntersae-t Aan with the North right-of-way tine of R.k. 3rd Strcct I en ##fawn tan Said plet I ThOncc N.89048' 54" W along said North r 1 glut -of-Way line, 332.01 root ) t ho"Ce 11.001ml 1 106" n'. 332 .95 font , thong• S. 8501713411 K., . ltt9.4 5 moot to reference toint "A"t thonoo &.440 5' S3" X- o 3l , 10 feett t once S .89"42452" h. , 101 * ,l foot to the Wulnt Of begs fill I nil, long t hat Portion t 110reof r dr. ocr Z bed as (ol lnwts s c omme"ce at said reference point "A" . 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EXHIBIT`iB" LEGAL DESCRIPTION OF EASEMENT AREA K:1Docs10566%030\35L2270.DOC 12 ACTIVE: 49662723 LEGAL DESCRIPTION PUMP HOUSE PARCEL CITY OF DANIA BEACH, BROWARD COUNTY,FLORIDA A portion of"DANIA GOLF COURSE", according to the plat thereof as recorded in Plat Book 32, Page 17 of the Public Records of Broward County, Florida and being more particularly described as follows: COMMENCING at the Southwest corner of said"DANIA GOLF COURSE"; THENCE North 87°40'48"East on the South line of said"DANIA GOLF COURSE",a distance of 537.62 feet; THENCE North 16056'53" West,a distance of 230.20 feet;to the POINT OF BEGINNING; THENCE South 73°03'07" West,a distance of 14.37 feet; THENCE North 16*5653" West,a distance of 21,10 feet; THENCE South 73003'07"West,a distance of 5.00 feet; THENCE North 16°56'53" West,a distance of 5.00 feet; THENCE North 73°0397" East,a distance of 37.08 feet; THENCE South 16°56'53" East, a distance of 5.00 feet; THENCE South 73°03'07" West,a distance of 5.00 feet; THENCE South 16056'53" East,a distance of 21.10 feet; THENCE South 73°03'07" West,a distance of 12.71 feet to the POINT OF BEGINNING; Said lands lying in City of Dania Beach, Broward County, Florida and containing an area of 757 square feet(0.0173 acres),more or less. SURVEYOR'S NOTES: 1. Unless this Sketch of Legal Description bears the signature and raised seal of a Florida Licensed Surveyor and Mapper, this map is for informational purposes only and is not valid. Additions and deletions made to the face of this sketch and description will make this Sketch of Legal P Descri tion invalid. 2. Lands shown hereon were not abstracted by the surveyor for rights-of-way, easements, ownership or other instruments of record. Prepared By: CALVIN,GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Port Lauderdale,Florida 33316 September 9,2009;Revs September 29,2011;Revs February 26,2013 PAPr*cWh091092777 Dania Beach—Expand Basin S includes Publix and Sheridan Stm%,Murvcyll.egal Desoiptioos\092777-V•SD-ESMT- PUMP.doc Sheet 1 of 3 3. Bearings shown hereon are relative to the South line of said "DANIA GOLF COURSE", having an assumed bearing of North 87°40'48"East. 4. The description contained herein does not represent a field boundary survey. 5. Unless otherwise noted hereon,record values and field measured values are in substantial agreement. 6. Unless otherwise shown hereon, no encroachments encumber described subject property. 7. Calvin Giordano&Associates Inc.Certificate of Authorization Number is L.B. 6791. CALVIN,GIORDANO&ASSOCIATES, INC. Signed: `� L, DATE: gory 1. Cl ien ,07 rofessional gurvi6yor and Mapper Florida Registration Number 4479 Prepared By: CALVIN,GIORDANO AND ASSOCIATES,INC. 1 SOD Taller Drive,Suite 600 Fort Lauderdale,Florida 33316 September 9,2009,Revs September 29.2011;Revs February 26,2013 P.Wrojeets120091092777 Dania Beach—Expand Basin S includes Publix and Sheridan StreakSurveyki egal Dwcriptions1092777-V-SD-ESM'r- PUMP.doa Sheet 2 of 3 I co SKETCH OF LEGAL DESCRIPTION M PUMP HOUSE PARCEL a N I-595 1 c7 —�" Iy PERIMETER RO o FT. LAUDEROALE/HOLLYWOOD S INTERNATIONAL AIRPORT LAKE: u o N,6'`� 3� 0"I 3,4�0 3 = DANIA BEACH BLVD a3� S7 EL N g.00 tsf, o a a A, W SKE CHa 5�3030�530 5 .. Lr: ,0•0'I"w AREA r a SHERIDAN ST US•�'I" 0�t�2 t z LOCATION MAP 5�3 P 0.8, t, Qt�t Nd TO Scale t y'.,%t t t tF- � 1 t BUILDING v MEADOVWOOK t t LAKES VIEW t t 3 1 ASSOCIATION, INC. -- t t 0 tt tt .C.. t1 ��i tl ASPHALT I p MEADOWBROOK LAKES VIEW t 'Ir St PARKING I CONDOMNJIUM ASSOCIATION, INC. - t A PORTION OF iJ `. x GRAPHIC SCALE "DANIA GOLF COURSE' tt 0 1 tt---- 0 40 60 80 (P.8. 32. PG. 17. B.C.R.) t N I (L _ t O, t f IN ".ur ------------------- 3 t t 1 j S 1 kn OCR - BROWARD COUNTY RECORDS t S C/L = CENTERUNt PROPOSED 25.00' UTILITY EASEMENT 1t PROPOSED V D = CENTRAL ANGLE t I INGRESS/ m L s ARC LENGTH t t t EGRESS v ORB _ OFFICIAL RECORDS DOOK tt tt 1 EASEMENT • PB PLAT BOOK t S 1 O PC = PACE X' POO = POINT OF BEGINNING SOUTH UNE OF w R = RADIUS P.O. 32. PG. 17, B.C.R. tt tt I R/W RIGHT-OF--WAY t SO.F F. SOUARF; FEET t t t v (BASIS OF BEARING) t w N87'40'48"E 537.62' t ° LINE OF S.E. 3RD STREET o c NORTH R/4Y � v POINT OF t7 COMMENCEMENT _ S.W. CORNER OF -- -- DANIA GOLF COUSE - - ---- =—-'" - ^-- - (P.O. 32, PG. 17, tt.C.R,} -CA OF R/W O' S.E. 3RD STREET 9 q b ed S.E. 3RD STREET M� p Revision: F'cbrUcry 26. 2013 SOUTH R/W LINE OF S.E. 3RD STREET N Revision: September 29, 2011 CaW,Giordano&Associates,Inc. ME AD O WB R OOK LAKES III I) �� ?ii� EXCEPTIONAL SOLUTIONS 1"=40.0 09 2777 A 0 a CITY OF DANIA BEACH [.­__--_.- Plmr. v{ O :1 4r Io00t�terDfi�f.ihfd0.FanLededek,FbeYe!!!16 _--.__...__•_ •:/54MI.T7u hr.9M./]I.E107 BROWARD COUNTY FLORIDA CM76 twF� / d~r"• CarLincatz of AutAortsmUen 6791 09-02-09 EEI tm j Q. LEGAL DESCRIPTION INGRESS EGRESS EASEMENT CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA A portion of"DANIA GOLF COURSE",according to the plat thereof as recorded in Plat Book 32,Page 17 of the Public Records of Broward County, Florida and being more particularly described as follows: COMMENCING at the Southwest corner of said"DANIA GOLF COURSE"; THENCE North 87°4048" East on the South line of said "DANIA GOLF COURSE", a distance of 524.70 feet to the POINT OF BEGINNING; THENCE North 16056'53" West,a distance of 226.93 feet; THENCE North 73003'07"East,a distance of 25.00 feet; THENCE South 16°56'53"East,a distance of 111.52 feet; THENCE North 87°40`48"East,a distance of 83.55 feet; THENCE South 02019'12" East,a distance of 69.40 feet; THENCE North 87"40'48" East, a distance of 63.52 feet; THENCE South 02°19'12" East, a distance of 48.58 feet to the intersection with said South line of "DANIA GOLF COURSE"; THENCE South 87°40'48" West on said South line,a distance of 35.00 feet; THENCE North 020 19'12" West, a distance of 10.58 feet to a point on the are of a tangent curve to the left; THENCE Northwesterly, on the arc of said curve, having a radius of 14.00 feet, a central angle of 90°00'00",and an arc distance of 21.99 feet to a point of tangency; THENCE South 87°40'48" West,a distance of 36.52 feet; THENCE North 02°19'12" West, a distance of 49.40 feet to a point on the are of a tangent curve to the left; THENCE Northwesterly, on the arc of said curve, having a radius of 17.00 feet, a central angle of 90000'00%and an are distance of 26.70 feet to a point of tangency; Prepared By: CALVIN,GIORDANO AND ASSOCIATF.S,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida 33316 August 20.2009 Revised July 13,2012 Revised February 28,2013 P:kProjects12W9M777 Dania Beach--Expand Basin 5 includes Publix and Sheridan StreetLSurvcy'd cgal Deaeriptiorol092847-V-SD-FSMT-INGPfi,R.doc Sheet 1 of 3 THENCE South 87°4048"West,a distance of 37.51 feet; THENCE South 16°56'53" East, a distance of 94.03 feet to the intersection with said South line of "DANIA GOLF COURSE"; THENCE South 87°40'48" West on said South line, a distance of 25.84 feet to the POINT OF BEGINNING. Said lands lying in City of Dania Beach, Broward County, Florida and containing an area of 11,865 square feet(0.2723 acres),more or less. SURVEYOR'S NOTES: 1. Unless this Sketch of Legal Description bears the signature and raised seal of a Florida Licensed Surveyor and Mapper, this map is for informational purposes only and is not valid. Additions and deletions made to the face of this sketch and description will make this Sketch of Legal Description invalid. 2. Lands shown hereon were not abstracted by the surveyor for rights-of-way, easements, ownership or other instruments of record. 3. Bearings shown hereon are relative to the South line of said "DANIA GOLF COURSE",having an assumed bearing of North 87°40'48"East. 4. The description contained herein does not represent a field boundary survey. 5. Unless otherwise noted hereon, record values and field measured values are in substantial agreement. 6. Unless otherwise shown hereon,no encroachments encumber described subject property. 7. Calvin Giordano&Associates Inc.Certificate of Authorization Number is L.B. 6791. CALVIN,GIORDANO ASSOCIATES,INC. t Date: gory .Cle rofessional yor 4nd Mapper Florida Registration Dumber LS 4479 Prepared By: CALVIN,GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive,Suite600 Port Lauderdale,Florida 33316 August 20,2009 Revised July 13,2012 Revised February28,2013 P:U?rojeats0009U192777 Dania Beach—Expand Basin 5 inciudos Publix and Sheridan StrecMurveyU.egal Descriptions10 U7-V-SD•13SMT-1NGEGILdoe Sheet 2 of 3 zW300 OILW"Ity of P� r �y < rIL 7 1 V w � 15 A 34 Ta 3nN3nv �+ � �ti' k�p��• HIV *TS o - I �.o w O a N W dd V ir�3w�►vr _ wd 031 OR oo" f du aO • � �r W� � .00•cz N 10 .o� O � 41 54 big r � I 9 41 N C ZA N N jib Eggshells �1►� - CWZ "WO646 POE XINIV`PWNM 9 MIM PUDO)- Vimew 01-0 Mi60�60Qttt� o�d i LEGAL DESCRIPTION UTILITY EASEMENT CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA A portion of"DANIA GOLF COURSE",according to the plat thereof as recorded in Plat Book 32, Page 17 of the Public Records of Broward County,Florida,and being more particularly described as follows: BEGINNING at the intersection of the North right-of-way line of S.E. 3rd Street and the West right-of-way line of S.E.5's Avenue of said"DANIA GOLF COURSE"; THENCE South 87040'48"West on the North right-of-way line of said S.E.Yd Street,a distance of 765.79 feet; THENCE North 16056'53"West,a distance of 226.93 feet; THENCE North 73°03'07"East,a distance of 25.00 feet; THENCE South 16"56`53"East,a distance of 212.79 feet; THENCE North 87040'48" East, a distance of 745.20 feet to the intersections with the West right-of-way line of said S.E.5d'Avenue; THENCE South 02°13'03"East on said West right-of-way line,a distance of 20.00 feet; Said lands lying in City of Dania Beach, Broward County, Florida and containing an area of 20,606 square feet (0.473 acres),more or less. SURVEYOR'S NOTES: l. Unless this Sketch of Legal Description bears the signature and raised seal of a Florida Licensed Surveyor and Mapper,this map is for informational purposes only and is not valid. Additions and deletions made to the face of this sketch and description will make this Sketch of Legal Description invalid. 2. Lands shown hereon were not abstracted by the surveyor for rights-of-way,easements,ownership or other instruments of record. 3. Bearings shown hereon are relative to the South line of said "DANIA GOLF COURSE", having an assumed bearing of North 87°40'48"East. 4. The description contained herein does not represent a field boundary survey. 5. Unless otherwise noted hereon,record values and field measured values are in substantial agreement. 6. Unless otherwise shown hereon,no encroachments encumber described subject property. 7. Calvin Giordano Associates Inc.Certificate of Authorization Number is L.B.6791. CA IN,GIOL A TES,INC. 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