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HomeMy WebLinkAboutR-2018-076 Accepting Utility Easements On Behalf Of City From Dania Live, LLC, A Delaware Limited Liability Company RESOLUTION NO. 2018-076 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING UTILITY EASEMENTS ON BEHALF OF THE CITY FROM DANIA LIVE, LLC, A DELAWARE LIMITED LIABILITY COMPANY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dania Live 1748, LLC ("Grantor") is the fee simple owner of certain real property located in Broward County, Florida, more particularly described in Exhibit "l", attached and made a part of this Resolution(the"Dania Pointe Parcel"); and WHEREAS, Grantor has agreed to grant the City of Dania Beach, a Florida municipal corporation, ("City"), easements in, over, upon, across and through that certain portion of the Dania Pointe Parcel, as more particularly described in Exhibit "2", a copy of which is attached and made a part of this Resolution (the "Utility Easements"), which Utility Easements shall be recorded in the Public Records of Broward County, Florida; and WHEREAS, the Utility Easements provide certain rights to the City and place certain restrictions on the Grantor; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission approves and accepts the Utility Easements from the Grantor to be used for water and wastewater purposes, and for other utility purposes described in them. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 12, 2018. ATTEST: A e�� THOMAS SCHNEIDER, CMC TAMARA JA E CITY CLERK �'� �pd` MAYOR Isli APPROVED AS TO FO AND CORRECTNESS: THOM S J. S O CITY ATTO E 2 RESOLUTION#2018-076 EXHIBIT 1 SKETCH OF DANIA POINTE POINT PARCEL 3 RESOLUTION#2018-076 t Fl u !l TILITY EASEMENVy o I o m TILITY i I d EASEMENT #4 i o oL-. v G { XISTING UTILITY ^ p n. I EASEMENT ---'_ o 0 va UTILITY D t I EASEMENTUTILI#3� JEASEMENT #3 ;i � LIFT STATIO I — ---------� -- B -- O EASEMENT I }. UTILITY EASEMENT #2 i u r tf;I tU It1} �f 7` TILITY UTLITY EMENT #5 f MENT #1 -- Ll =r - ---- --- Kimley»>Horn .0 . y_ DANIA POINTE-PHASEI EASEMENT KEY MAP EXHIBI" EXHIBIT 2 SKETCH AND LEGAL DESCRIPTION OF UTILITY EASEMENTS 4 RESOLUTION#2018-076 i l 1 This instrument was prepared by and return recorded copy to: Lawrence Allen Raab,Esq. Weiss Serota Helfinan Cole&Bierman,P.L. 2525 Ponce de Leon Boulevard,Suite 700 r Coral Gables,Florida 33134 Folio Number G i EASEMENT AGREEMENT i (Water,Wastewater,and General Utilities) i l THIS EASEMENT AGREEMENT ("Agreement") is made on , 2018 by DANIA LIVE 1748,LLC, a Delaware limited liability company ("Grantor") whose mailing address is 3333 New Hyde Park Road, Suite 200,New Hyde Park,New York, 11042, in favor of CITY OF DANIA BEACH, a Florida municipal corporation ("City") whose mailing address is 100 W. Dania Beach Boulevard,Dania Beach, Florida 33004. RECITALS: a Grantor is the owner of certain real property located in Broward County, Florida as more particularly described on Exhibit"A"("Property"). l Grantor has previously installed potable water, sanitary sewer, and wastewater drainage infrastructure on the Property("Infrastructure"),ownership of which will be transferred to City,in whole or in part. In order for City to construct, install, inspect, maintain, repair, replace, remove, and operate the Infrastructure, City needs to acquire a permanent, non-exclusive utility easement, and rights of ingress, egress and access under, over,upon,and across the Property. 1 Grantor has full power and authority to enter into this Agreement and to grant an easement to the City over that real property located in the City,more particularly described on Exhibit"B",attached hereto and incorporated herein("Easement Area"). 1 Grantor is willing to grant to the City an easement under,over,across and through a portion of the Property for the purpose of constructing,installing,inspecting,maintaining,repairing,replacing,removing, and operating the Infrastructure, together with rights of ingress and egress, subject to the terms and conditions of this Agreement. NOW,THEREFORE,in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties,Grantor and City 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. i 2. Grant of Easement.Grantor hereby grants and conveys to City and its employees,agents, contractors,successors and assigns,a perpetual non-exclusive easement("Easement')over,upon,across, and under the Easement Area for the purpose of constructing,installing,inspecting,maintaining,repairing, E replacing,removing, and operating the Infrastructure,as well as for ingress and egress,with full right and 1 i i a authority to enter upon and excavate the Easement Area in order to construct, install, inspect, maintain, t repair, replace, remove, and operate the Infrastructure as the City may, in its sole discretion, determine. Grantor also grants City a license to temporarily locate its equipment on any portion of the Property k mutually agreed upon by Grantor and City adjoining the Easement Area as may be necessary to perform the foregoing. 3. Improvements and Restoration. In the event City exercises its rights as set forth in Section 2 hereof, City shall, subject to the work described in Section 2, restore the Property and any improvements thereon to their prior existing condition at no cost or expense to Grantor unless such restoration is required due to the acts or omissions of Grantor.In exercising its rights hereunder,City shall use reasonable efforts to minimize any impacts to Grantor's ongoing activities on the Property. At no time will the City's activities on the Property interfere with ingress or egress to and from the Property by patrons, g employees and invitees. 4. Representations. Grantor represents to the City that (a) Grantor has full power and authority to enter into this Agreement and to grant the Easement to City; and(b)all company approvals, authorizations and consents required for the execution and delivery of this Agreement by the Grantor have been obtained. t 5. Covenants Running with the Land. This Agreement and the Easement hereby granted will run with the land and will be binding upon and inure to the benefit of the parties and their respective successors and assigns. 6. Attorneys' Fees. In the event a party institutes any legal action or proceedings for the enforcement of any right or obligation herein contained,the prevailing party will be entitled to recover its s costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or M proceeding. 7. Amendment or Termination. This Agreement may be amended,modified or terminated only by a written instrument signed by both parties or their respective successors and assigns, which instrument will only become effective when recorded in the Public Records of Broward County,Florida. 8. Governing Laws.The laws of the State of Florida shall govern the interpretation,validity, performance and enforcement of this Easement. Venue for any action brought hereunder shall be brought exclusively in Broward County,Florida. 9. Successors and Assigns. This Agreement will be binding upon the successors and assigns of Grantor and the City. 10. Limit of Liability. Grantor acknowledges and agrees that should the City, its officers, employees,or agents be found liable for any damage in connection with the Improvements due to the actions or omissions of the City, its officers, employees, or agents, then such damages shall be subject to the provisions and monetary limitations of Section 768.28(5), Florida Statutes, which limitations shall be applicable regardless of whether such provisions would otherwise apply, and to the extent permitted by 1 law. [Remainder of page intentionally left blank] 1 i i k 2 r. ( t t 1 i This Agreement is being signed by the parties as of the date set forth on the first page. Witnesses(2 required): GRANTOR: ' DANIA L 1748,LLC,a Delaware limited Signature: irt1/ _ liability c y —j Print Name: 1 ( /fir(,t -A-V By: Signature: K 44 Name: Joseph Denis,Vice President . 13 Print Name: �����°�j 114. Title: ACKNOWLEDGMENT STATE OF+L-6F HA t&Vtt�bkv,61ivin COUNTY OF Mbkfvff=HA-DE The foregoing instrument was acknowledged before me on '1 , 2018, by as I,e H 0(kmf of DANIA LIVE 1748,LLC,a Delaware limited liability company,who is[ personally known tome or who has[ ]produced a Florida Driver's license as identification. [SEAL] � No Publi ,State of Ftwida Kl1�1 clu- tivw W E,4 Ty�,� W Print Name ot Notary N 0 TA R Y <1 Commission No. ZUOl oil 00 3 3 pUBLI� 2; n� Commission Expires: U-1(1 U 2M URG 3 0 JOINDER AND CONSENT OF TENANT The undersigned the Tenant under that certain unrecorded Lease Agreement with DANIA LIVE 1748,LLC,a Delaware limited liability company, dated covering all/or a portion of the Property described in the foregoing Easement Agreement granted to the City of Dania Beach, a Florida municipal corporation, does hereby join in and consent to the terms and conditions of the Easement Agreement,and acknowledges and agrees that the terms and conditions of the Easement Agreement are and shall be binding upon the undersigned and its successors and/or assigns in title. IN WITNESS WHEREOF,these presents have been executed this day of ,2018. rk C i Witnesses: TENANT: Signature Print Name By: Print Name: Title: i Signature Print Name i STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by the 1 Of on behalf of the company. He/She is personally known to me or has produced as identification. 3 1 1 Witness my signature and official seal this day of , 2018 in the County and State aforesaid. i NOTARY PUBLIC,State of l Print Name: Commission No.: Commission Expires: 4 EXHIBIT"A" PROPERTY r f i i u P 5 A 's i x E i i 5 1 u n�.mEASEMENT #6�, - '-• `� ------ ._ .. r t _- - - f d EASEMENT #4 - _ r • UTILITY' ^ n STI ' �� �- o - �'!�, ° -°— U P I • '-. EXIN p I � EASEMENT r /� / a Y3 �F a UTILITY D �' 'EASEMENT I#3 EASEMENT /3 --- LIFT LIFT STATIO EASEMENT I �� D G? 8 e f \ If D I C 8 UTILITY I I. ; F I EASEMENT #2 TILITY +.. UTILITY ' -r_ EASEMENT #5 , MENT #1 a- o .. Kimley>»Horn �••M �« DANIA POINTE-PHASE I EASEMENT ICY MAP EXHIBI- t Y L EXHIBIT`B" g EASEMENT AREA i g S 6 0 I I a STONER&ASSOCIATES, INC. 4341 S.W. 62nd Avenue SURVEYORS-MAPPERSFlorida Licensed Survey Tel. (954) 585-0997 . Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 EXHIBIT"A" LEGAL DESCRIPTION OF UTILITY EASEMENT No.1 CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA I s LEGAL DESCRIPTION: A UTILITY EASEMENT BEING A PORTION OF PARCEL A,DANIA POINTE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS" COMMENCE AT THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID PARCEL A; THENCE N.87"341 VE,A DISTANCE OF 364.85 FEET; THENCE N.42"341 VE.A DISTANCE OF 21.21 FEET; ( THENCE N.87"34'11"E.A DISTANCE OF 130.93 FEET TO THE POINT OF BEGINNING,LAST MENTIONED 3 COURSES BEING COINCIDENT WITH THE SOUTH LINE OF SAID PARCEL A; e THENCE CONTINUE ALONG SAID SOUTH LINE,N.87"34'11"E.A DISTANCE OF 15.00 FEET; 1 THENCE N.02"32'48"W.A DISTANCE OF 17.03 FEET; THENCE S.87"27'12"W.A DISTANCE OF 15.00 FEET; THENCE S.02"32'48"E.A DISTANCE OF 17.01 FEET TO THE POINT OF BEGINNING. SAID EASEMENT SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA AND CONTAINING 255 SQUARE FEET,MORE OR LESS. > ( S kt } } k:. NOTES: 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF RECORD. 2.THIS SKETCH AND DESCRIPTION IS"NOT VALID"WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3.THE BEARINGS SHOWN HEREON ARE BASED ON N.87"34'1 VE,ALONG THE SOUTH LINE OF PARCEL A,AS RECORDED ON THE PLAT OF DANIA POINTE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA. 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOT A SURVEY). 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER&ASSOCIATES,INC. 6.SEE SHEET 2 OF 2 FOR A GRAPHIC DEPICTION(SKETCH)OF THE PROPERTY DESCRIBED HEREON. FL G\Um\dwnkn\ \lod\ VMrn.Mn\14-ewe omIs loin ME l.a.9 CERTIFICATE: THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.1 FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SEAL 1EAL W SURVEYORS AND MAPPERS IN CHAPTER 5J-17,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.07,FLORIDA STATUTES. DATE: Dec 19, 2017 NOT VAUD UNLESS REVISIONS 1 DATE BY RICHARD G. CRAWFORD Jr. SEALED HERE WITH 00 pLn PROFESSIONAL SURVEYOR AND MAPPER N0. 5371 - STATE OF FLORIDA AN EMBOSSED AN SEAL Z O THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER& m OO a ASSOCIATES,INC.AND SHALL NOT BE REPRODUCED IN WHOLE OR IN PART DATE OF SKETCH: DRAWN BY CHECKED BY FIELD BOOK WITHOUT PERMISSION OF STONER&ASSOCIATES,INC. 12/1 B/17 DRL RGC N/A SHEET 1 OF 2 X COPYRIG 2017 e I STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS I' 4341 S.W. 62nd AVE. Tel. (954) 585-0997 I Florida Licensed Survey Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 EXHIBIT"A" SKETCH OF DESCRIPTION UTILITY EASEMENT No.1 CITY OF DANIA BEACH, BROWARD COUNTY,FLORIDA I I E, 1 a jw a a PORTION OF PARCEL A Ld ' z DANIA POINTE a I 0 3 (P.B.183,PG.91-99,B.C.R.) k a S.87°27'12"W. a=� P.O.C. 15.00, UTILITY EASEMENT No.1 ' MOST SOUTHERLY S.02°32'48"E. 255 SQUARE FEET w F a S.W.CORNER, 17.01' y I PARCELA P.O.B. N.02°32'48"W. N.42"34'11"E. 17.03' S.LINE,PARCEL A 21.21' N.87"34'11"E.130.93' S.LINE,PARCEL A N.87°34'1VE.364.85' N.87°34'11"E. —— ——N.R/W LINE 15.00, N.R/W LINE W O O m O "x — — — S.LINE,S.E-1/4 SEC.33-50-42\—— STIRLING ROAD (STATE ROAD 848) ; I LEGEND: SCALE:1"=100' P.B.. ............. PLAT BOOK PG................PAGE B.C.R.. ........... FROWARD COUNTY RECORDS P.O.0.. ........... POINT OF COMMENCEMENT NOTE: P.O.B.. ........... POINT OF BEGINNING SEE SHEETS 1 OF 2 FOR THE LEGAL 0 zs sa zoo R/W.............. RIGHT-OF-WAY DESCRIPTION OF THE PROPERTY SHOWN GRAPHIC SCALE CL . .............. .CENTERLINE GRAPHICALLY HEREON. SKETCH NO. SHEET 2 OF 2 14-8058 U.E. 1 r G F OPINION OF TITLE To: City of Dania Beach r I With the understanding that this Opinion of Title is furnished to the City of Dania i Beach, as inducement for acceptance of a utility easement covering the real property, hereinafter described, it is hereby certified that the following report reflects a comprehensive search of the Public Records affecting the above described property covering the period from the beginning to the 25th day of April, 2018, at the hour of 8:00 a.m. inclusive, of the following described property: Legal Description E Include reference to and copy(ies) of original deeds vesting title to current owner(s) See attached Exhibit "A" I E I am of the opinion that on the last mentioned dated, the fee simple title to the above-described real property was vested in: Names of all Owner(s) of Record: Dania Live 1748, LLC, a Delaware limited liability company pursuant to Special Warranty Deed recorded in Official Records Book 51181, Page 1376 of the Public Records of Broward County, Florida. Subject to the following: Mortgage(s) of Record (if none, state none): NONE I List of easements and Rights-of-Way lying within the plat boundaries (if none, state none). (Attach copies of all recorded document(s) [excluding recorded plats] —ALL DOCUMENTS RECORDED IN THE OFFICIAL RECORDS OF BROWARD COUNTY, FLORIDA. Plat of Dania Point recorded in Plat Book 183, Page 91 of the Public Records of Broward County, Florida. I [SIGNATURE ON FOLLOWING PAGE] I I 34844187v132947.0013 g HEREBY CERTIFY that the foregoing report reflects a comprehensive search of the Public Records of Broward County, Florida, affecting the above described property. I further certify that I am an attorney-at-law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this day of May, 2018. GREENSPOON MARDER, P.A. By frr .lynn, Esq., for the firm Florida Bar No. 0085741 34844187v132947.0013 ; Exhibit"A" s LEGAL DESCRIPTION OF UTILITY EASEMENT No. 1 CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA LEGAL DESCRIPTION: A UTILITY EASEMENT BEING A PORTION OF PARCEL A, DANIA POINTE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID PARCEL A; THENCE N.87034'11"E.A DISTANCE OF 364.85 FEET; THENCE N.42034'11"E.A DISTANCE OF 21.21 FEET; THENCE N.87034'11"E.A DISTANCE OF 130.93 FEET TO THE POINT OF BEGINNING,LAST MENTIONED 3 COURSES BEING COINCIDENT WITH THE SOUTH LINE OF SAID PARCEL A; THENCE CONTINUE ALONG SAID SOUTH LINE, N.87034'11"E. A DISTANCE OF 15.00 FEET; THENCE N.02032'48"W.A DISTANCE OF 17.03 FEET; THENCE S.87027'12"W.A DISTANCE OF 15.00 FEET: s THENCE S.02032'48"E.A DISTANCE OF 17.01 FEET TO THE POINT OF BEGINNING. SAID EASEMENT SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA. a i 1 F r g 3 k i 3 34844187v132947.0013 F This instrument was prepared by and return recorded copy to: Lawrence Allen Raab,Esq. Weiss Serota Helfman Cole&Bierman,P.L. 2525 Ponce de Leon Boulevard,Suite 700 k k Coral Gables,Florida 33134 l Folio Number F: EASEMENT AGREEMENT (Water,Wastewater,and General Utilities) THIS EASEMENT AGREEMENT ("Agreement") is made on , 2018 by DANIA LIVE 1748, LLC, a Delaware limited liability company ("Grantor") whose mailing address is 3333 New Hyde Park Road, Suite 200,New Hyde Park,New York, 11042, in favor of CITY OF DANIA BEACH, a Florida municipal corporation ("City") whose mailing address is 100 W. Dania Beach Boulevard,Dania Beach,Florida 33004. RECITALS: e Grantor is the owner of certain real property located in Broward County, Florida as more E. particularly described on Exhibit"A"("Property"). Grantor has previously installed potable water, sanitary sewer, and wastewater drainage infrastructure on the Property("Infrastructure"),ownership of which will be transferred to City,in whole r or in part. In order for City to construct, install, inspect, maintain, repair, replace, remove, and operate the Infrastructure, City needs to acquire a permanent, non-exclusive utility easement, and rights of ingress, egress and access under, over,upon,and across the Property. Grantor has full power and authority to enter into this Agreement and to grant an easement to the R City over that real property located in the City,more particularly described on Exhibit"B",attached hereto and incorporated herein("Easement Area"). g Grantor is willing to grant to the City an easement under,over,across and through a portion of the Property for the purpose of constructing,installing,inspecting,maintaining,repairing,replacing,removing, and operating the Infrastructure, together with rights of ingress and egress, subject to the terms and conditions of this Agreement. NOW,THEREFORE,in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties,Grantor and City 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 hereby grants and conveys to City and its employees,agents, contractors,successors and assigns,a perpetual non-exclusive easement("Easement")over,upon,across, and under the Easement Area for the purpose of constructing,installing,inspecting,maintaining,repairing, replacing,removing, and operating the Infrastructure,as well as for ingress and egress,with full right and 4 1 i i install, inspect, maintain, authority to enter upon and excavate the Easement Area in order to construct, repair, replace, remove, and operate the Infrastructure as the City may, in its sole discretion, determine. Grantor also grants City a license to temporarily locate its equipment on any portion of the Property mutually agreed upon by Grantor and City adjoining the Easement Area as may be necessary to perform the foregoing. 3. Improvements and Restoration. In the event City exercises its rights as set forth in Section 2 hereof, City shall, subject to the work described in Section 2, restore the Property and any improvements thereon to their prior existing condition at no cost or expense to Grantor unless such restoration is required due to the acts or omissions of Grantor.In exercising its rights hereunder, City shall use reasonable efforts to minimize any impacts to Grantor's ongoing activities on the Property. At no time will the City's activities on the Property interfere with ingress or egress to and from the Property by patrons, employees and invitees. 4. Representations. Grantor represents to the City that (a) Grantor has full power and authority to enter into this Agreement and to grant the Easement to City; and(b)all company approvals, authorizations and consents required for the execution and delivery of this Agreement by the Grantor have been obtained. 5. Covenants Running with the Land. This Agreement and the Easement hereby granted will run with the land and will be binding upon and inure to the benefit of the parties and their respective successors and assigns. 6. Attorneys' Fees. In the event a party institutes any legal action or proceedings for the enforcement of any right or obligation herein contained,the prevailing party will be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding. 7. Amendment or Termination. This Agreement may be amended, modified or terminated only by a written instrument signed by both parties or their respective successors and assigns, which instrument will only become effective when recorded in the Public Records of Broward County,Florida. q 8. Governing Laws.The laws of the State of Florida shall govern the interpretation,validity, performance and enforcement of this Easement. Venue for any action brought hereunder shall be brought exclusively in Broward County,Florida. E 9. Successors and Assigns.This Agreement will be binding upon the successors and assigns of Grantor and the City. 10. Limit of Liability. Grantor acknowledges and agrees that should the City, its officers, employees,or agents be found liable for any damage in connection with the Improvements due to the actions e or omissions of the City, its officers, employees, or agents, then such damages shall be subject to the provisions and monetary limitations of Section 768.28(5), Florida Statutes, which limitations shall be applicable regardless of whether such provisions would otherwise apply, and to the extent permitted by law. [Remainder of page intentionally left blank] x f 2 e This Agreement is being signed by the parties as of the date set forth on the first page. Witnesses(2 required): GRANTOR: i DANIA LIVE 1748,LLC,a Delaware limited Signature: liability y Print Name: I CA t, ii�' _ By Signature: Name: ]oseph Denis,Vice President Print Name: 1`����h�''} �^'� Title: ACKNOWLEDGMENT STATE OF F+� 4f4CAA01fn�"� COUNTY OF l tMr-t)ODE NV C W�6111 The foregoing instrument was acknowledged before me on M VL Vk `i , 2018, by ,)e(vA)V pew ,as Vv- rQyIGw'k-L of IYANIA LIVE 1748,LLC,a Delaware limited liability company,who is[ personally known to me or who has[ ]produced a Florida Driver's license as identification. Eq� Notary Public, State of+i rida Mo►'%Ctunl1wo Q 0 T.q R ��; Print Name of Notary Y Commission No. '7100110-100033 pUBLiC =, !F Commission Expires: C2 1262b T 3 t s JOINDER AND CONSENT OF TENANT The undersigned the Tenant under that certain unrecorded Lease Agreement with DANIA LIVE 1748,LLC,a Delaware limited liability company, dated covering all/or a portion of the Property described in the foregoing Easement Agreement granted to the City of Dania Beach, a Florida municipal corporation, does hereby join in and consent to the terms and conditions of the Easement Agreement,and acknowledges and agrees that the terms and conditions of the Easement Agreement are and shall be binding upon the undersigned and its successors and/or assigns in title. IN WITNESS WHEREOF,these presents have been executed this day of ,2018. 1 Witnesses: TENANT: k Signature Print Name By: Print Name: Title: Signature i Print Name K r : STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by the of , on behalf of the company. He/She is personally known to me or has produced as z identification. u Witness my signature and official seal this day of , 2018 in the County and State aforesaid. NOTARY PUBLIC,State of t Print Name: i Commission No.: Commission Expires: 4 S is 4 i B EXHIBIT"A" PROPERTY i? k I' p4 f E 2 @h C gf G k 4 yE 1 5 r. - _ nurY �e _ EASEMENT y6 1 I $ o m TILITY 6 -EASEMENT4 `' 111111 I i i oo � � L 0 0 D i EXISTIN r Q D D UTILITY . t I EASEMENT lZFr> ' , T UILITY — ' Y D UTILITY D I EASEMENT #3 i EASEMENT /J3 � t LIFT STA110 EASEMENT I � Ii c' 9 UTILITY 'EASEMENT #2 r — f , f _ TILITY = UTILITY 1' EASEMENT y5 MENT #1 Kimley»)Horn DANIA POINTE-PHASE I EASEMENT KEY MAP EXHIBI- e s EXHIBIT"B" E EASEMENT AREA 3 !F f E 5 2 f: C i s f e f 3 r 4 `P 6 STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd Avenue Florida Licensed Survey Tel. (954) 585-0997 F Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 I r EXHIBIT"A" I LEGAL DESCRIPTION OF UTILITY EASEMENT No.2 CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA LEGAL DESCRIPTION: A UTILITY EASEMENT BEING A PORTION OF PARCEL A,DANIA POINTE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS" COMMENCE AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID PARCEL A; THENCE N.43"02'17"E.A DISTANCE OF 42.84 FEET; E THENCE N.01"2W36"W.A DISTANCE OF 172.46 FEET; THENCE N.00"15'05"W.A DISTANCE OF 46.13 FEET; THENCE N.01"29'36"W.A DISTANCE OF 0.55 FEET TO THE POINT OF BEGINNING,LAST MENTIONED 4 COURSES BEING COINCIDENT WITH THE EAST LINE OF SAID PARCEL A; THENCE CONTINUE N.01"29'36"W.ALONG SAID EAST LINE,A DISTANCE OF 10.00 FEET; THENCE S.87"45'58'W.A DISTANCE OF 14.20 FEET; THENCE 8.01"54'13"E.A DISTANCE OF 10.00 FEET; THENCE N.87"45'55"E.A DISTANCE OF 14.13 FEET TO THE POINT OF BEGINNING. SAID EASEMENT SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA AND CONTAINING 142 SQUARE FEET,MORE OR LESS. a NOTES: 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF RECORD. 2.THIS SKETCH AND DESCRIPTION IS"NOT VALID"WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3.THE BEARINGS SHOWN HEREON ARE BASED ON N.87"34'1 VE,ALONG THE SOUTH LINE OF PARCEL A,AS RECORDED ON THE PLAT OF DANIA POINTE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA. 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOT A SURVEY). z 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM WITHOUT THE BENEFIT OF ATITLE SEARCH.THE LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER&ASSOCIATES,INC. ) 6.SEE SHEET 2 OF 2 FOR A GRAPHIC DEPICTION(SKETCH)OF THE PROPERTY DESCRIBED HEREON. i FUE:Q\Wn\d=ImWpW4dVwAAAbl"72\14-=Dmk PaNG U.E Ldwg ER11FICATE: a THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.I N FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SEAL W SURVEYORS AND MAPPERS IN CHAPTER SJ-17,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.07,FLORIDA STATUTES. SEAL ReWSIONS TE DATE: Dec 19, 2017 NOT VAUD UNLESS �I RICHARD G. CRAWFORD Jr. SEALED HERE WITH AN EMBOSSED 6 U) PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIDA SURVEYOR'S SEAL Z THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER& Do ASSOCIATES,INC.AND SHALL NOT BE REPRODUCED IN WHOLE OR IN PART DATE OF SKETCH: DRAWN BY ICHECKED BY FIELD BOOK rHOUT PERMISSION OF STONER&ASSOCIATES,INC. 12 18 17 DRL RGC N/A SHEET 1 OF 2 x COPYRIGHT 2017 / / z I 5 I STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS Tel. (954) 585-0997 F 4341 S.W. 62nd AVE. Florida Licensed Survey Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 EXHIBIT'A" SKETCH OF DESCRIPTION UTILITY EASEMENT No.2 CITY OF DANIA BEACH,BROWARD COUNTY, FLORIDA i I s I I I I rn S.87°45'58"W. I"V o 14.)-- a] z -OS.01°54'13"E. 10.00, _ UTILITY EASEMENT No.2 142 SQUARE FEET N.87°45'58"E. 14.13 I Z QQ I r Q N to V }� r I w PORTION OF PARCEL A Z a m l \g DANIA POINTELn Z >M (P.B.183,PG.91-99,B.C.R.) I W mLj< � zz _2J - W I JO WQ owl �� I ( P.O.C. MOSTSOUTHERLY 5 ' I g S.E.CORNER, S.LINE,PARCEL A PARCEL A N.43°02'17"E. I N.87°34'11 —— —— 42.84' I I N.RIW LINE ——— 0 ro S.LINE,S.E.1l4 SEC.33-50-42 STIRLING ROAD (STATE ROAD 848) a i LEGEND: P.B.. ............. PLAT BOOK SCALE:1 100'"= PG................PAGE B.C.R.. ........... BROWARD COUNTY RECORDS P.O.0.. ........... POINT OF COMMENCEMENT NOTE: 0 25 50 ioo zoo " P.O.B.. ........... POINT OF BEGINNING SEE SHEETS 1 OF 2 FOR THE LEGAL R/W............ .. RIGHT-OF-WAY DESCRIPTION OF THE PROPERTY SHOWN GRAPHIC SCALE SKETCH NO. . .............. .CENTERLINE GRAPHICALLY HEREON. SHEET 2 OF 2 1 14-8058 U.E. 2 a. e i OPINION OF TITLE I To: City of Dania Beach With the understanding that this Opinion of Title is furnished to the City of Dania Beach, as inducement for acceptance of a utility easement covering the real property, hereinafter described, it is hereby certified that the following report reflects a comprehensive search of the Public Records affecting the above described property covering the period from the beginning to the 25t" day of April, I 2018, at the hour of 8:00 a.m. inclusive, of the following described property: Legal Description Include reference to and copy(ies) of original deeds vesting title to current owner(s) See attached Exhibit "A" I am of the opinion that on the last mentioned dated, the fee simple title to the above-described real property was vested in: t Names of all Owner(s) of Record: [ Dania Live 1748, LLC, a Delaware limited liability company i pursuant to Special Warranty Deed recorded in Official Records Book 51181, Page 1376 of the Public Records of Broward County, Florida. Subject to the following: 3 li Mortgage(s) of Record (if none, state none): NONE I List of easements and Rights-of-Way lying within the plat boundaries (if none, state none). (Attach copies of all recorded document(s) [excluding recorded plats] —ALL DOCUMENTS RECORDED IN THE OFFICIAL RECORDS x OF BROWARD COUNTY, FLORIDA. Plat of Dania Point recorded in Plat Book 183, Page 91 of the Public Records of Broward County, Florida. [SIGNATURE ON FOLLOWING PAGE] 34844275A 32947.0013 HEREBY CERTIFY that the foregoing report reflects a comprehensive search of the Public Records of Broward County, Florida, affecting the above described property. I further certify that I am an attorney-at-law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this day of May, 2018. GREENSPOON MARDER, P.A. By Mark J. Lynn, Esq., for the firm Florida Bar No. 0085741 348442750 32947.0013 Exhibit "A" LEGAL DESCRIPTION OF UTILITY EASEMENT No. 2 CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA i LEGAL DESCRIPTION: A UTILITY EASEMENT BEING A PORTION OF PARCEL A, DANIA POINTE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: E COMMENCE AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID PARCEL A; THENCE N.43002'17"E. A DISTANCE OF 42.84 FEET; THENCE N.01029'36"W.A DISTANCE OF 172.46 FEET; THENCE N.00015'05"W.A DISTANCE OF 46.13 FEET; THENCE N.01029'36"W. A DISTANCE OF 0.55 FEET TO THE POINT OF BEGINNING, LAST MENTIONED 4 COURSES BEING COINCIDENT WITH E THE EAST LINE OF SAID PARCEL A; THENCE CONTINUE N.01029'36"W. ALONG SAID EAST LINE, A DISTANCE s OF 10.00 FEET; THENCE S.87045'58"W.A DISTANCE OF 14.20 FEET; THENCE S.01054'13"E. A DISTANCE OF 10.00 FEET; THENCE N.87045'55"E. A DISTANCE OF 14.13 FEET TO THE POINT OF BEGINNING. SAID EASEMENT SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA. f e V h 34844275vt32947.0013 3 3 This instrument was prepared by and return recorded copy to: i Lawrence Allen Raab,Esq. . Weiss Scrota Helfman Cole&Bierman,P.L. E 2525 Ponce de Leon Boulevard,Suite 700 Coral Gables,Florida 33134 Folio Number EASEMENT AGREEMENT (Water,Wastewater, and General Utilities) THIS EASEMENT AGREEMENT ("Agreement') is made on , 2018 by DANIA LIVE 1748, LLC, a Delaware limited liability company ("Grantor") whose mailing address is 3333 New Hyde Park Road, Suite 200,New Hyde Park,New York, 11042, in favor of CITY OF DANIA BEACH, a Florida municipal corporation ("City") whose mailing address is 100 W. Dania Beach Boulevard,Dania Beach, Florida 33004. RECITALS: r i Grantor is the owner of certain real property located in Broward County, Florida as more particularly described on Exhibit"A"("Property"). 3. Grantor has previously installed potable water, sanitary sewer, and wastewater drainage infrastructure on the Property("Infrastructure"),ownership of which will be transferred to City,in whole or in part. 1 , In order for City to construct, install, inspect, maintain, repair, replace, remove, and operate the E Infrastructure, City needs to acquire a permanent, non-exclusive utility easement, and rights of ingress, egress and access under, over,upon,and across the Property. Grantor has full power and authority to enter into this Agreement and to grant an easement to the City over that real property located in the City,more particularly described on Exhibit"B",attached hereto and incorporated herein("Easement Area"). i 1 Grantor is willing to grant to the City an easement under,over,across and through a portion of the i Property for thepurpose of constructing,installing,inspecting,maintaining,repairing,replacing,removing, and operating the Infrastructure, together with rights of ingress and egress, subject to the terms and 1 conditions of this Agreement. NOW,THEREFORE,in consideration of the mutual covenants and agreements contained herein i and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties,Grantor and City 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 hereby grants and conveys to City and its employees,agents, k contractors,successors and assigns, a perpetual non-exclusive easement("Easement')over,upon,across, and under the Easement Area for the purpose of constructing,installing,inspecting,maintaining,repairing, r replacing,removing, and operating the Infrastructure, as well as for ingress and egress, with full right and k 1 1 : n E authority to enter upon and excavate the Easement Area in order to construct, install, inspect, maintain, repair, replace, remove, and operate the Infrastructure as the City may, in its sole discretion, determine. Grantor also grants City a license to temporarily locate its equipment on any portion of the Property { mutually agreed upon by Grantor and City adjoining the Easement Area as may be necessary to perform the foregoing. 3. Improvements and Restoration. In the event City exercises its rights as set forth in Section 2 hereof, City shall, subject to the work described in Section 2, restore the Property and any 1 improvements thereon to their prior existing condition at no cost or expense to Grantor unless such restoration is required due to the acts or omissions of Grantor. In exercising its rights hereunder,City shall use reasonable efforts to minimize any impacts to Grantor's ongoing activities on the Property. At no time i will the City's activities on the Property interfere with ingress or egress to and from the Property by patrons, `- employees and invitees. 4. Representations. Grantor represents to the City that (a) Grantor has full power and authority to enter into this Agreement and to grant the Easement to City; and(b)all company approvals, authorizations and consents required for the execution and delivery of this Agreement by the Grantor have been obtained. i 5. Covenants Running with the Land. This Agreement and the Easement hereby granted will run with the land and will be binding upon and inure to the benefit of the parties and their respective successors and assigns. 6. Attorneys' Fees. In the event a party institutes any legal action or proceedings for the i enforcement of any right or obligation herein contained, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding. 7. Amendment or Termination. This Agreement may be amended,modified or terminated only by a written instrument signed by both parties or their respective successors and assigns, which instrument will only become effective when recorded in the Public Records of Broward County,Florida. 1 8. Governing Laws.The laws of the State of Florida shall govern the interpretation,validity, performance and enforcement of this Easement. Venue for any action brought hereunder shall be brought exclusively in Broward County,Florida. 9. Successors and Assigns.This Agreement will be binding upon the successors and assigns of Grantor and the City. 10. Limit of Liability. Grantor acknowledges and agrees that should the City, its officers, employees,or agents be found liable for any damage in connection with the Improvements due to the actions or omissions of the City, its officers, employees, or agents, then such damages shall be subject to the provisions and monetary limitations of Section 768.28(5), Florida Statutes, which limitations shall be applicable regardless of whether such provisions would otherwise apply, and to the extent permitted by law. 1 1 [Remainder of page intentionally left blank] i i i 2 i u c This Agreement is being signed by the parties as of the date set forth on the first page. Witnesses(2 required): GRANTOR: DANIA LIVE 1748,LLC,a Delaware limited Signature: LNfA ?/)r1r liability com Print Name: By: - Signature: Name: Joseph Denis,Vice President Print Name: fkAa,t 6 ,f Title: ACKNOWLEDGMENT STATE OFTt-ORTI A J�tyt"CGU Jivi61 COUNTY OF Ml*hit-t�rADE The foregoing instrument was acknowledged before me on M it H I y ,2018, by -ku V D"S ,as \A Lt VqS l&H ,of DANIA LIVE 1748,LLC,a Delaware limited liability company,who is[v]personally known tome or who has[ ]produced a Florida Driver's license as identification. [SEAL W EA Ty % Notary Public, State of Fiartda Nb►�C Oftl I� y F ' M W E,3 vJeA � 1P�� Print Name of Notary Commission No. PU130, Commission Expires: C>�-� NSURG Gc 3 JOINDER AND CONSENT OF TENANT : The undersigned the Tenant under that certain unrecorded Lease Agreement with DANIA LIVE 1748,LLC,a Delaware limited liability company, dated , covering all/or a portion of the Property described in the foregoing Easement Agreement granted to the City of Dania Beach, a Florida municipal corporation, does hereby join in and consent to the terms and conditions of the Easement Agreement,and acknowledges and agrees that the terms and conditions of the Easement Agreement are and shall be binding upon the undersigned and its successors and/or assigns in title. 1 : IN WITNESS WHEREOF,these presents have been executed this day of ,2018. : Witnesses: TENANT: 4 Signature Print Name By: t Print Name: i l Title: Signature Print Name STATE OF FLORIDA ) l COUNTY OF MIAMI-DADE ) 3 The foregoing instrument was acknowledged before me by , the of , on behalf of { the company. He/She is personally known to me or has produced as identification 1 : E Witness my signature and official seal this day of , 2018 in the County and State aforesaid. NOTARY PUBLIC,State of Print Name: Commission No.: F Commission Expires: 4 iE F { i EXHIBIT"A" 4 PROPERTY a f } 7€ 3 G P Y 4 S L 3 P S i n F 3 5 � i e F> E ASEMENT TILITY I o #6 1 e a TILITY y m n r oEASEMENT #4 Q 8 G EXISTING 0 Dl , UTILITY ^ ---- i EASEMENT t t„ !cp O O c2 - __ - -- - - - !n , �I UTILITY D IT EASEMENT #3. EASEMENT #3 3 = LIFT STATIO ' ' B I EASEMENT , UTILITY EASEMENT #2 _am 1W �Y7I ��iJli TILITY UTILITY EASEMENT #5 I, #1 I, ---�___.�-� -fir .�— ---- ------- --- -- --- - -- Kimley»)Horn �. DANIA POINTE-PHASE I EASEMENT KEY MAP EXHIBI- EXHIBIT"B" EASEMENT AREA f V e k F k gf k k jj gk 4 k 4 i Y a i 6 4 3 3 STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd Avenue Florida Licensed Surrey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 € r EXHIBIT"A" 4 LEGAL DESCRIPTION OF UTILITY EASEMENT N0.3 CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA LEGAL DESCRIPTION: LEGAL DESCRIPTION:CONTINUED A UTILITY EASEMENT BEING A PORTION OF PARCEL A,DANIA POINTE, TO A POINT ON THE MOST EASTERLY SIDELINE OF A 12 FOOT VIDE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 WATER MAIN EASEMENT RECORDED IN OFFICIAL RECORDS BOOK PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY, 47454,PAGE 1372 OF THE SAID PUBLIC RECORDS; FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS" THENCE S.02°42'18"E.ALONG SAID MOST EASTERLY SIDELINE,A COMMENCE AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID DISTANCE OF 14.53 FEET; PARCEL A; THENCE N.87°27'12"E.A DISTANCE OF 326.48 FEET, THENCE N.43°02'17"E.A DISTANCE OF 42.84 FEET; THENCE N.85°32'39"E.A DISTANCE OF 120.07 FEET; THENCE N.01°29'36"W.A DISTANCE OF 172.46 FEET; THENCE N.87°27'12"E.A DISTANCE OF 288.81 FEET; THENCE N.00"15'05"W.A DISTANCE OF 46.13 FEET; THENCE N.53°42'12"E.A DISTANCE OF 47.23 FEET; THENCE N.01°29'36"W.A DISTANCE OF 428.52 FEET TO THE POINT OF BEGINNING,LAST MENTIONED 4 COURSES BEING COINCIDENT WITH THENCE N.87°27'12"E.A DISTANCE OF 390.97 FEET; THE EAST LINE OF SAID PARCEL A; THENCE N.02°32'56"W.A DISTANCE OF 31.74 FEET; THENCE N.01"29'36"W.ALONG SAID EAST LINE,A DISTANCE OF 20.00 FEET; THENCE N.87°27'12"E.A DISTANCE OF 9.55 FEET; THENCE S.87°27'12"W.A DISTANCE OF 150.17 FEET; THENCE S.02°32'48"E.A DISTANCE OF 5.00 FEET; THENCE S.02°32'56"E.A DISTANCE OF 31.74 FEET; THENCE N.87°27'12"E.A DISTANCE OF 51.34 FEET; s, THENCE S.87°27'12"W.A DISTANCE OF 20.98 FEET; THENCE N.02°32'49"W.A DISTANCE OF 5.00 FEET; E s THENCE N.02°3248"W.A DISTANCE OF 33.32 FEET; THENCE N.87°27'12"E.A DISTANCE OF 20.37 FEET; F THENCE S.87°28'07"W.A DISTANCE OF 10.00 FEET; THENCE S.02°32'48"E.A DISTANCE OF 8.18 FEET; THENCE S.02°32'48"E.A DISTANCE OF 33.32 FEET; THENCE N.87"27'12"E.A DISTANCE OF 27.19 FEET; THENCE S.87°27'12"W.A DISTANCE OF 276.02 FEET; THENCE N.02°32'48"W.A DISTANCE OF 8.18 FEET; THENCE N.02"32'49"W.A DISTANCE OF 41.45 FEET; THENCE N.87°27'12"E.A DISTANCE OF 21.34 FEET TO THE POINT OF BEGINNING. THENCE 8.87°27'12'W.A DISTANCE OF 10.00 FEET; M SAID EASEMENT SITUATE AND BEING WITHIN THE CITY OF DANIA THENCE S.02°3249"E.A DISTANCE OF 41.45 FEET; BEACH,BROWARD COUNTY,FLORIDA AND CONTAINING NOTES: 27,737 SQUARE FEET,MORE OR LESS. E THENCE S.87°27'12"W.A DISTANCE OF 60.04 FEET; THENCE S.53°42'12"W.A DISTANCE OF 47.23 FEET; 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP, RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF RECORD. , THENCE S.87°27'12"W.A DISTANCE OF 283.08 FEET; 2.THIS SKETCH AND DESCRIPTION IS"NOT VALID"WITHOUT THE SIGNATURE AND THE THENCE S.85°32'39"W.A DISTANCE OF 120.07 FEET; ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. THENCE S.87°27'12"W.A DISTANCE OF 131.77 FEET; 3.THE BEARINGS SHOWN HEREON ARE BASED ON N.87°34'11"E,ALONG THE SOUTH LINE OF PARCEL A,AS RECORDED ON THE PLAT OF DANIA POINTE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99,OF THE THENCE S.42°27'12"W.A DISTANCE OF 5.66 FEET; PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA. THENCE S.87°27'12"W.A DISTANCE OF 31.68 FEET; 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOT A SURVEY). THENCE N.47°32'48"W.A DISTANCE OF 5.66 FEET; 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM WITHOUT THE THENCE S.87°27'12'W.A DISTANCE OF 138.39 FEET; BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER&ASSOCIATES,INC. THENCE S.64°55'42'W.A DISTANCE OF 14.25 FEET; 6.SEE SHEETS 2 AND 3 OF 4 FOR A GRAPHIC DEPICTION(SKETCH)OF THE PROPERTY THENCE S.87°19'05"W.A DISTANCE OF 3.19 FEET DESCRIBED HEREON. Fes:C:\UNN\Onkn\Wdda\tood\WVMAMMU46M\14-M DmIo P"UX aft CERTIFICATE: THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.I M FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL rw SURVEYORS AND MAPPERS IN CHAPTER 5J-17,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.07,FLORIDA STATUTES. SEA W REM DATE DATE: Dec 19, 2017 NOT VALID UNLESS RICHARD G. CRAWFORD Jr. SEALED HERE WITH �I AN EMBOSSED C LS7 PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIDA SURVEYOR'S SEAL Z O THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER& ASSOCIATES,INC.AND SHALL NOT BE REPRODUCED IN WHOLE OR IN PART DATE OF SKETCH: DRAWN BY CHECKED BY O _ WITHOUT PERMISSION OF STONER&ASSOGATES,INC. 12/18/17 DRL RGC N/A SHEET 1 OF 4 Y - COPYRIGHT 2017 i I I STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS E 4341 S.W. 62nd AVE. Tel. (954) 585-0997 Florida Licensed Survey Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 ff EXHIBIT'A" SKETCH OF DESCRIPTION UTILITY EASEMENT N0.3 CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA I L10 h L6 L2 I �� (J J J J L30M L34 M L38 L12 J L L8 — � LL4J �L32 �3g JMJM UTILITY EASEMENT No.3 27,737 SQUARE FEET ———J� ----✓ /------- L28 I : P.O.B. I OR LEGEND: I I P.B.. ............. PLAT BOOK PG................PAGE I ' B.C.R.. ........... BROWARD COUNTY RECORDS P1 ' P.O.0.. ........... POINT OF COMMENCEMENT v' P.O.B.. ........... POINT OF BEGINNING v ' RMI... ........... RIGHT-OF-WAY 1 i CL . ... ........... .CENTERLINE I z s L1. .... ........... LINE 1 (REFER TO LINE TABLE) N NOTE: I 0 I SEE SHEET 1 OF 4 FOR THE LEGAL z I Q DESCRIPTION OF THE PROPERTY SHOWN I O GRAPHICALLY HEREON. I F ' 06 Z I � 10 �; a PORTION OF PARCEL A a >- W u~i DANIA POINTE I I I U? _ (P.B.183,PG.91-99.B.C.R.) v, W z I zz N LU w ' W ' U I to a r ' e S ' �I o h C41 z SCALE: 1"=100' �I cli rni a 0 25 50 100 200 pp' GRAPHIC SCALE P.O.C. OC Z I MOST SOUTHERLY F S.E.CORNER, S.LINE,PARCEL A-- PARCEL A N.43°02'17"E. I —— —— N.87°34'11"E• , —— —— 42.84' I N.R/W LINE 7 o c o 00 ao —— S.LINE,S.E.1/4 SEC.33-50-42 —— STIRLING ROAD (STATE ROAD 848) SKETCH NO. SHEET 2 OF 4 1 14-8058 U.E. 3 01 9 f I 9 STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd AVE. Florida licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 EXHIBIT"A" SKETCH OF DESCRIPTION n UTILITY EASEMENT N0.3 E CITY OF DANIA BEACH,BRO WARD COUNTY,FLORIDA I I /I I i PORTION OF PARCEL A I DANIA POINTE (P.B. 183,PG.91-99,B.C.R.) J L21 -- L20 -- ��� ��� -- L16 L15�-------� L14 --� 8_ ___—_1___UTILITY_EA_SE_MENT N0.3 27,737 SQUARE FEET MOST EASTE_RLY L24 L25 L26 SIDELINE —— —— —— —— 12 FOOT WIDE WATER MAIN EASEMENT R I (O.R.B.47454,1372,B.C.R.) � I I I I I I , 1 PARCEL "A" PORTION OF PARCEL A H/LTDN GARDENS AT 571RL►NO ROAD DANIA POINTE e (P.R. 171, PG. 14, B.C.R.) (P.B.183,PG.91-99,B.C.R.) a I I 1 I I I .•. W I I N I 1 I� 01 W I N IF I IQ I a W COI I ui I H w 1 a W a � I J N W� r Z� I W Ii PARCEL "A" I O g "STIRLING ROAD PLAZA" e (P.R. 178, PG. 112, B.C.R.) ' I LEGEND: SCALE: 1"=100' P.B.. ............. PLAT BOOK PG................PAGE 1 I B.C.R.. ........... BROWARD COUNTY RECORDS I P.O.C.. ........... POINT OF COMMENCEMENT 0 25 50 100 200 P.O.B.. ........... POINT OF BEGINNING GRAPHIC SCALE i RNV.............. .RIGHT-OF-WAY 1 . .............. .CENTERLINE I L1. ............... LINE 1 (REFER TO LINE TABLE) S.LINE,PARCEL A I i S.W.CORNER,S.E.Y. N.R/W LINE SEC.33-5G-42 S.LINE,S.E.1/4 SEC.33-50A2 NOTE: STIRLING ROAD SEE SHEET 1 OF 4 FOR THE LEGAL DESCRIPTION OF THE PROPERTY SHOWN (STATE ROAD 8 4 8) SKETCH NO. GRAPHICALLY HEREON. SHEET 3 OF 4 14-8058 U.E. 3 STONER &ASSOCIATES, INC. 4341 S.W. 62nd AVE. SURVEYORS-MAPPERS Florida Licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 EXHIBIT"A" SKETCH OF DESCRIPTION UTILITY EASEMENT No.3 CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA LINE TABLE LINE BEARING DISTANCE L1 N.01°29'36'W. 20.00' L2 S.87"27'12"W. 150.17. L3 S.02°32'56"E. 31.74' L4 S.87°27'12'W. 20.98' L5 N.02"3248'W. 33.32' L6 S.87"28'07"W. 10.00' L7 S.02"32'48'E. 33.32' L8 S.87'27'12'W. 276.02' L9 N.02'32'49'W. 41 AV L10 S.87°27'12"W. 10.00' 1-11 S.02"32'49"E. 41.45' F L12 S.87°27'12"W. 60.04' L13 S.53"42'12"W. 47.23' f L14 S.87"27'12"W. 283,08' L15 S.85"32'39'W. 120.07' i L16 S.87"27'12"W. 131.77' L17 S.42"27'12"W. 5.66' L18 S.87°27'12"W. 31.68' L19 N.47°32'48"W. 5.66' L20 S.87"27'12"W. 138.39' L21 S.64"55'42'W. 14.25' L22 S.87"19'05'W. 3.19' L23 S.02"42'18"E. 14.53' L24 N.87"27'12"E. 326.48` L25 N.85"32'39"E. 120.07' L28 N.87"27'12"E. 288.81' L27 N.53"42'12"E. 47.23' L28 N.87"27'12"E. 390.97' L29 N.02"32'56'W. 31.74' L30 N.87"27'12"E. 9.55' L31 S.02°32'48"E. 5.00' L32 N.87"27'12"E. 51.34' L33 N.02°32'49"W. 5.00, L34 N.87°27'12"E. 20.37' L35 S.02"32'48"E. 8.18' L36 N.87"27'12"E. 27.19' € s L37 N.02"32'48"W. 8.18' L38 N.87"27'12"E. 21.34' ' F e SKETCH NO. SHEET 4 OF 4 1 14-8058 U.E. 3 i OPINION OF TITLE i To: City of Dania Beach I With the understanding that this Opinion of Title is furnished to the City of Dania Beach, as inducement for acceptance of a utility easement covering the real property, hereinafter described, it is hereby certified that the following report reflects a comprehensive search of the Public Records affecting the above I described property covering the period from the beginning to the 25t' day of April, 2018, at the hour of 8:00 a.m. inclusive, of the following described property: [ Legal Description Include reference to and copy(ies) of original deeds vesting title to current i owner(s) I See attached Exhibit "A" I i I am of the opinion that on the last mentioned dated, the fee simple title to the above-described real property was vested in: Names of all Owner(s) of Record: g Dania Live 1748, LLC, a Delaware limited liability company pursuant to Special Warranty Deed recorded in Official Records Book 51181, Page 1376 of the Public Records of Broward County, Florida. Subject to the following: Mortgage(s) of Record (if none, state none): NONE i List of easements and Rights-of-Way lying within the plat boundaries (if none, state none). (Attach copies of all recorded document(s) [excluding recorded plats] —ALL DOCUMENTS RECORDED IN THE OFFICIAL RECORDS OF BROWARD COUNTY, FLORIDA. I I Plat of Dania Point recorded in Plat Book 183, Page 91 of the Public Records of Broward County, Florida. [SIGNATURE ON FOLLOWING PAGE] 34844311v132947.0013 I HEREBY CERTIFY that the foregoing report reflects a comprehensive search of the Public Records of Broward County, Florida, affecting the above described property. I further certify that I am an attorney-at-law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this day of May, 2018. GREENSPOON MARDER, P.A. By WaJr7kP . Lynn, Esq., for the firm FIV&(Bar No. 0085741 34844311v1 32947.0013 Exhibit "A" E LEGAL DESCRIPTION OF UTILITY EASEMENT No.3 CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA LEGAL DESCRIPTION: A UTILITY EASEMENT BEING A PORTION OF PARCEL A,DANIA POINTE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: g COMMENCE AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID PARCEL A; THENCE N.43002'17"E.A DISTANCE OF 42.84 FEET; THENCE N.01029'36"W.A DISTANCE OF 172.46 FEET; THENCE N.00015'05"W.A DISTANCE OF 46.13 FEET; 3 THENCE N.01029'36"W.A DISTANCE OF 428.52 FEET TO THE POINT OF BEGINNING,LAST MENTIONED 4 COURSES BEING COINCIDENT WITH THE EAST LINE OF PARCEL A; 1 THENCE N.01029'36"W.ALONG SAID EAST LINE,A DISTANCE OF 20.00 FEET; THENCE S.87027'12"W.A DISTANCE OF 150.17 FEET; THENCE S.0203256"E.A DISTANCE OF 31.74 FEET; THENCE S.87027'12"W.A DISTANCE OF 20.98 FEET; THENCE N.02032'48"W.A DISTANCE OF 33.32 FEET; THENCE S.87028'07"W.A DISTANCE OF 10.00 FEET; THENCE S.02032'48"E.A DISTANCE OF 33.32 FEET; THENCE S.87027'12"W.A DISTANCE OF 276.02 FEET; THENCE N.02032'49"W.A DISTANCE OF 41.45 FEET; THENCE S.87027'12"W.A DISTANCE OF 10.00 FEET; THENCE S.02032'49"E.A DISTANCE OF 41.45 FEET; THENCE S.87027'12"W.A DISTANCE OF 60.04 FEET; THENCE S.53042'12"W.A DISTANCE OF 47.23 FEET; THENCE S.87027'12"W.A DISTANCE OF 283.08 FEET; THENCE S.85032'39"W.A DISTANCE OF 120.07 FEET; THENCE S.87027'12"W.A DISTANCE OF 131.77 FEET; THENCE S.42027'12"W.A DISTANCE OF 5.66 FEET; THENCE S.87027'12"W.A DISTANCE OF 31.68 FEET; THENCE N.47032'48"W.A DISTANCE OF 5.66 FEET; THENCE S.87027'12"W.A DISTANCE OF 138.39 FEET; THENCE S.64055'42"W.A DISTANCE OF 14.25 FEET; ` THENCE S.87019'05"W.A DISTANCE OF 3.19 FEET TO A POINT ON THE MOST EASTERLY SIDELINE OF A 12 FOOT WIDE WATER MAIN EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 47454,PAGE 1372 OF THE SAID PUBLIC RECORDS; THENCE S.02042'18"E.ALONG SAID MOST EASTERLY SIDELINE,A DISTANCE OF 14.53 FEET; THENCE N.87027'12"E.A DISTANCE OF 326.48 FEET; THENCE N.85032'39"E.A DISTANCE OF 120.07 FEET; THENCE N.87027'12"E.A DISTANCE OF 288.81 FEET; THENCE N.53042'12"E.A DISTANCE OF 47.23 FEET; THENCE N.87027'12"E.A DISTANCE OF 390.97 FEET; THENCE N.02032'56"W.A DISTANCE OF 31.74 FEET; THENCE N.87027'12"E.A DISTANCE OF 9.55 FEET; THENCE S.02032'48"E.A DISTANCE OF 5.00 FEET; THENCE N.87027'12"E.A DISTANCE OF 51.34 FEET; 34844311vl 32947.0013 s a 4 THENCE N.02032'49"W.A DISTANCE OF 5.00 FEET; THENCE N.87027'12"E.A DISTANCE OF 20.37 FEET; x THENCE S.02032'48"E.A DISTANCE OF 8.18 FEET; THENCE N.87027'12"E.A DISTANCE OF 27.19 FEET; THENCE N.02032'48"W.A DISTANCE OF 8.18 FEET; THENCE N.87027'12"E.A DISTANCE OF 21.34 FEET TO THE POINT OF BEGINNING. r SAID EASEMENT SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA. R 4 4 F 1 f 4 i G p 5 l 3 q 1 4 k 3 34844311v132947.0013 y 1 l E This instrument was prepared by k and return recorded copy to: e Lawrence Allen Raab,Esq. Weiss Serota Helfman Cole&Bierman,P.L. 2525 Ponce de Leon Boulevard,Suite;0 Coral Gables,Florida 33134 l Folio Number a EASEMENT AGREEMENT (Water,Wastewater,and General Utilities) THIS EASEMENT AGREEMENT ("Agreement") is made on , 2018 by DANIA LIVE 1748,LLC, a Delaware limited liability company ("Grantor') whose mailing address is 3333 New Hyde Park Road, Suite 200,New Hyde Park,New York, 11042,in favor of CITY OF DANIA BEACH, a Florida municipal corporation ("City") whose mailing address is 100 W. Dania Beach Boulevard,Dania Beach, Florida 33004. RECITALS: Grantor is the owner of certain real property located in Broward County, Florida as more r particularly described on Exhibit"A"("Property"). i Grantor has previously installed potable water, sanitary sewer, and wastewater drainage infrastructure on the Property("Infrastructure'),ownership of which will be transferred to City,in whole or in part. In order for City to construct, install, inspect, maintain, repair, replace, remove, and operate the Infrastructure, City needs to acquire a permanent, non-exclusive utility easement, and rights of ingress, E egress and access under,over, upon,and across the Property. Grantor has full power and authority to enter into this Agreement and to grant an easement to the 1 City over that real property located in the City,more particularly described on Exhibit"B",attached hereto 1 and incorporated herein("Easement Area"). Grantor is willing to grant to the City an easement under,over,across and through a portion of the Property for the purpose of constructing,installing,inspecting,maintaining,repairing,replacing,removing, and operating the Infrastructure, together with rights of ingress and egress, subject to the terms and i conditions of this Agreement. NOW,THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged 4 by the parties, Grantor and City 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 hereby grants and conveys to City and its employees,agents, contractors, successors and assigns,a perpetual non-exclusive easement("Easement")over,upon,across, and under the Easement Area for the purpose of constructing,installing,inspecting,maintaining,repairing, replacing,removing, and operating the Infrastructure,as well as for ingress and egress, with full right and 1 i f 3 t ti t authority to enter upon and excavate the Easement Area in order to construct, install, inspect, maintain, repair, replace, remove, and operate the Infrastructure as the City may, in its sole discretion, determine. Grantor also grants City a license to temporarily locate its equipment on any portion of the Property E mutually agreed upon by Grantor and City adjoining the Easement Area as may be necessary to perform the foregoing. 3. Improvements and Restoration. In the event City exercises its rights as set forth in Section 2 hereof, City shall, subject to the work described in Section 2, restore the Property and any improvements thereon to their prior existing condition at no cost or expense to Grantor unless such restoration is required due to the acts or omissions of Grantor. In exercising its rights hereunder,City shall use reasonable efforts to minimize any impacts to Grantor's ongoing activities on the Property. At no time will the City's activities on the Property interfere with ingress or egress to and from the Property by patrons, P employees and invitees. 4. Representations. Grantor represents to the City that (a) Grantor has full power and l authority to enter into this Agreement and to grant the Easement to City; and(b)all company approvals, If authorizations and consents required for the execution and delivery of this Agreement by the Grantor have been obtained. ' 5. Covenants Running with the Land. This Agreement and the Easement hereby granted will run with the land and will be binding upon and inure to the benefit of the parties and their respective successors and assigns. k 6. Attorneys' Fees. In the event a party institutes any legal action or proceedings for the enforcement of any right or obligation herein contained,the prevailing party will be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or j proceeding. 1 7. Amendment or Termination. This Agreement may be amended, modified or terminated only by a written instrument signed by both parties or their respective successors and assigns, which l i instrument will only become effective when recorded in the Public Records of Broward County,Florida. s 8. Governing Laws.The laws of the State of Florida shall govern the interpretation,validity, performance and enforcement of this Easement. Venue for any action brought hereunder shall be brought F` exclusively in Broward County,Florida. l 1 9. Successors and Assigns.This Agreement will be binding upon the successors and assigns of Grantor and the City. 1 10. Limit of Liability. Grantor acknowledges and agrees that should the City, its officers, employees,or agents be found liable for any damage in connection with the Improvements due to the actions or omissions of the City, its officers, employees, or agents, then such damages shall be subject to the provisions and monetary limitations of Section 768.28(5), Florida Statutes, which limitations shall be applicable regardless of whether such provisions would otherwise apply, and to the extent permitted by law. [Remainder of page intentionally left blank] t 2 a t C z This Agreement is being signed by the parties as of the date set forth on the first page. Witnesses(2 required): GRANTOR: DANIA LIVE 1748,LLC,a Delaware limited Signature: ���(M�t c, / liability co p Print Name: 1 fA-W By: Signature: 1"t Name: Joseph Denis,Vice President Print Name: Title: Title: ACKNOWLEDGMENT STATE OF ft6RJ1BA t�61tk�av zl Ink COUNTY OF NfI rDE fA eC,12k r6V rj The foregoing instrument was acknowledged before me on `1 , 2018, by as C } of DANIA LIVE 1748,LLC,a Delaware limited liability company,who is[ personally known tome or who has[ ]produced a Florida Driver's license as identification. [SEAL] III Notary Public,1 State of PqatA(LrOIVIA Print Nam of NotaryCO _Q a p T.A R y _ Commission No. Z00 9 Q 9 q0 OU 33 = U� p U BO"i z' Commission Expires: U2�(V�2p 7-0 "1111MURG 3 f. _ x JOINDER AND CONSENT OF TENANT The undersigned the Tenant under that certain unrecorded Lease Agreement with DANIA LIVE 1748,LLC,a Delaware limited liability company, dated covering all/or a portion of the Property described in the foregoing Easement Agreement granted to the City of Dania Beach, a Florida municipal corporation, does hereby join in and consent to the terms and conditions of the Easement Agreement,and acknowledges and agrees that the terms and conditions of the Easement Agreement are and shall be binding upon the undersigned and its successors i and/or assigns in title. IN WITNESS WHEREOF,these presents have been executed this day of ,2018. Witnesses: TENANT: ° Signature Print Name By: Print Name: k Title: Signature i Print Name i STATE OF FLORIDA ) COUNTY OF MIAMI-DADS ) The foregoing instrument was acknowledged before me by , the of ,on behalf of 1 the company. He/She is personally known to me or has produced as identification Witness my signature and official seal this day of 2018 in the County and State aforesaid. , t NOTARY PUBLIC,State of 4 Print Name: Commission No.: l Commission Expires: 4 1 L 4 EXHIBIT"A" r PROPERTY t E 5 EXHIBIT`B" EASEMENT AREA a 8 Y 6 c EASEMENT #6 - I1 �� C _ TIurY � Q 8 B ' ' m EASEMENT #4 p D ! _ - F EXISTING uTiury n 1� EASEMENT CD UTILIT s _ 5 _•S UTILITY D I_ 'EASEMENT #3 EASEMENT #3 _ - -�_- - LIFT STATION- EASEMENT .} ( I 6? I 9 UTILITY EASEMENT #2 i V 3 Y`' TILITY "�'=T�" UTILITY EASEMENT #5 MENT #1 o Kimley*Horn W M DANIAPOINTE-PHASEI EASEMENT KEY MAP EXHIBI- 1 s i STONER &ASSOCIATES, INC. _ SURVEYORS-MAPPERS Tel. (954) 585-0997 4341 S.W. 62nd Avenue Florida Licensed Survey Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 EXHIBIT'A" LEGAL DESCRIPTION OF UTILITY EASEMENT No.4 CITY OF DANIA BEACH,BROWARD COUNTY, FLORIDA LEGAL DESCRIPTION: A UTILITY EASEMENT BEING A PORTION OF PARCEL A,DANIA POINTE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS" COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER(S.E.%)OF SECTION 33,TOWNSHIP 50 SOUTH,RANGE 42 EAST; THENCE N.01'41'47"W.ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER(S.E.'Y.),A DISTANCE OF 668.72 FEET TO A POINT ON THE NORTHERLY SOUTH LINE OF SAID PARCEL"A"; f THENCE S.87'30'08"W.ALONG SAID NORTHERLY LINE,A DISTANCE OF 10.23 FEET TO A POINT ON THE CENTERLINE OF A 12 FOOT WIDE WATER MAIN EASEMENT RECORDED IN OFFICIAL RECORDS BOOK47454,PAGE 1372 OF THE SAID PUBLIC RECORDS; THENCE N.31'47'27"E.ALONG SAID CENTERLINE,A DISTANCE OF 2.97 FEET; THENCE N.02"40'55"W.A DISTANCE OF 29.89 FEET; THENCE S.87'52'08'W.A DISTANCE OF 37.38 FEET; THENCE N.01'49'32"W.A DISTANCE OF 303.72 FEET; THENCE S.87'22'07"W.A DISTANCE OF 222.59 FEET; THENCE N.00'59'18'W.A DISTANCE OF 48.60 FEET; ( THENCE N.01'24'18'W.A DISTANCE OF 69.53 FEET,LAST MENTIONED 6 COURSES BEING COINCIDENT WITH SAID CENTERLINE; THENCE N.87'27'12"E.A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE N.87'27'12"E.A DISTANCE OF 3.87 FEET; THENCE S.50'09'44"E.A DISTANCE OF 8.62 FEET; THENCE N.39'50'16"E.A DISTANCE OF 11.25 FEET; THENCE N.50'09'44"W.A DISTANCE OF 11.12 FEET; THENCE S.87'27'12'W.A DISTANCE OF 9.40 FEET; ) THENCE S.01'24'18"E.A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA AND CONTAINING 177 SQUARE FEET, MORE OR LESS. E NOTES: 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF RECORD. 2.THIS SKETCH AND DESCRIPTION IS"NOT VALID"WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3.THE BEARINGS SHOWN HEREON ARE BASED ON N.87'34'1 VE,ALONG THE SOUTH LINE OF PARCEL A,AS RECORDED ON THE PLAT OF DANIA POINTE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA. 4.THIS SKETCH DOES NOT REPRESENT AFIELD SURVEY (THIS IS NOT A SURVEY). 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER&ASSOCIATES,INC. E 6.SEE SHEET 2 OF 2 FOR A GRAPHIC DEPICTION(SKETCH)OF THE PROPERTY DESCRIBED HEREON. FtE 0 WL M72\1-M Dmk Paba ME 4,4n CERTIFICATE: THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.I FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SEAL W SURVEYORS AND MAPPERS IN CHAPTER WA 7,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.07,FLORIDA STATUTES. J Cl'1 REVISIONS DATE I BY DATE: Dec 19, - 2017 NOT VALID UNLESS RICHARD G. CRAWFORD Jr. SEALED HERE WITHCall AN EMBOSSED dtn PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 - STATE OF FLORIDA SURVEYOR'S SEAL Z THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER 8 =00 ASSOCIATES,INC.AND SHALL NOT BE REPRODUCED IN WHOLE OR IN PART DATE OF SKETCH: DRAWN BY CHECKED BY I FIELD BOOK WITHOUT PERMISSION OF STONER&ASSOCIATES,INC. 1 Z/1 S/17 DRL RGC N/A SHEET 1 OF 2 1 COPYRIG c2017 I STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS Tel. (954) 585-0997 4341 S.W. 62nd AVE. Florida Licensed Survey Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 EXHIBIT I'A'I SKETCH OF DESCRIPTION UTILITY EASEMENT No.4 CITY OF DANIA BEACH,BROWARD COUNTY, FLORIDA PORTION OF PARCEL A N DANIA POINTE P.B.183,PG.91-99,B.C.R.) M U I � S.87°27'12"W. 9.40' w� LEGEND: S.01°24'18"E. N.50°09'44W. P.B.. ............. PLAT BOOK 10.00, 11.12' n? uivi I zY PG................PAGE N.87°27'12"E. UTILITY EASEMENT No.4 B.C.R.. ........... BROWARD COUNTY RECORDS J� 6.00' I 177 SQUARE FEET I �M P.O.0.. ........... POINT OF COMMENCEMENT N.01°24'18"W N.39°50'16"E. MOST NORTHERLY "' P.O.B.. ........... POINT OF BEGINNING —— 69.53' _1_1.25' —�S.LINE PARCEL A w R/W.............. RIGHT-OF-WAY . .CENTERLINE S.50°09'44"E. -- a y . .......... P.O.B. ,I 8.62' ui BREAK IN LINE SCALE N.87°27'12"E. I 3.8T o _S.87°22'07"W. 222.59'————I zL_-- �I < .. w � wm ICI I aoC U- 0- ifi_ o 0 ¢m JI a i, " �vin �,I O Q 1 'S• C21 m F¢� o lA v O ul c) oz.* m ;�� C4 I o { NI I p ,¢-m I a r O¢� LL 47 zII ICIII I I S885-2'0-8"�W -J Ln1Iq L 2°40'S5"W 89' NS-ORTHERLYN.31°472LINE PARCE L A 2 S.87°32'08'W. 0.23' II ' I ::) I 1 Z)CD C11 GoI s O SCALE:1"=100' I t l y I I a`p I v I w wo i. o z" z Jw 0 25 50 100 200 GRAPHIC SCALE (n I NOTE: P.Q.C. SEE SHEET 1 OF 2 FOR THE S.W.CORNER,S.E.'/s LEGAL DESCRIPTION OF THE STIRLING ROAD SEC.33-50-42 PROPERTY SHOWN —— —— —— GRAPHICALLY HEREON. (STATE ROAD 848) SKETCH Na. SHEET 2 OF 2 1 14-8058 U.E. 4 ( f S OPINION OF TITLE I To: City of Dania Beach With the understanding that this Opinion of Title is furnished to the City of Dania Beach, as inducement for acceptance of a utility easement covering the real property, hereinafter described, it is hereby certified that the following report reflects a comprehensive search of the Public Records affecting the above described property covering the period from the beginning to the 25t" day of April, 2018, at the hour of 8:00 a.m. inclusive, of the following described property: Legal Description Include reference to and copy(ies) of original deeds vesting title to current owner(s) See attached Exhibit A I am of the opinion that on the last mentioned dated, the fee simple title to the above-described real property was vested in: i i Names of all Owner(s) of Record: Dania Live 1748, LLC, a Delaware limited liability company I I pursuant to Special Warranty Deed recorded under instrument number 112759787 of the Public Records of Broward County, Florida. 4 Subject to the following: Mortgage(s) of Record (if none, state none): NONE B List of easements and Rights-of-Way lying within the plat boundaries (if none, state none). (Attach copies of all recorded document(s) (excluding recorded plats] —ALL DOCUMENTS RECORDED IN THE OFFICIAL RECORDS OF BROWARD COUNTY, FLORIDA. f Plat of Dania Point recorded in Plat Book 183, Page 91 of the Public Records of Broward County, Florida. i I [SIGNATURE ON FOLLOWING PAGE] 34844325v132947.0013 HEREBY CERTIFY that the foregoing report reflects a comprehensive search of the Public Records of Broward County, Florida, affecting the above described property. I further certify that I am an attorney-at-law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this day of May, 2018. GREENSPOON MARDER, P.A. By Mark J. Lynn, Esq., for the firm Florida Bar No. 0085741 34844325v132947.0013 pip Exhibit"A" LEGAL DESCRIPTION OF UTILITY EASEMENT No. 4 CITY OF DANIA BEACH,BROWARD COUNTY, FLORIDA : LEGAL DESCRIPTION: A UTILITY EASEMENT BEING A PORTION OF PARCEL A, DANIA POINTE, F ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: F r COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE- QUARTER(S.E.1/4) OF SECTION 33,TOWNSHIP 50 SOUTH,RANGE 42 EAST; THENCE N.01041'47"W. ALONG THE WEST LINE OF SAID SOUTHEAST i ONE-QUARTER(S.E.1/4),A DISTANCE OF 668.72 FEET TO A POINT ON THE NORTHERLY SOUTH LINE OF SAID PARCEL "A"; THENCE S.87030'08"W. ALONG SAID NORTHERLY LINE, A DISTANCE OF 10.23 FEET TO A POINT ON THE CENTERLINE OF A 12-FOOT-WIDE WATER MAIN EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 47454,PAGE 1372 OF THE SAID PUBLIC RECORDS; THENCE N.31047'27"E. ALONG SAID CENTERLINE, A DISTANCE OF 2.97 FEET; THENCE N.02040'55"W. A DISTANCE OF 29.89 FEET; THENCE S.87052'08"W.A DISTANCE OF 37.38 FEET; 3 THENCE N.01049'32"W. A DISTANCE OF 303.72 FEET; THENCE S.87022'07"W. A DISTANCE OF 222.59 FEET; THENCE N.00059'18"W.A DISTANCE OF 48.60 FEET; THENCE N.01024'18"W. A DISTANCE OF 69.53 FEET, LAST MENTIONED 6 COURSES BEING COINCIDENT WITH SAID CENTERLINE; THENCE N.87027'12"E. A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE N.87027'12"E.A DISTANCE OF 3.87 FEET; THENCE S.50009'44"E.A DISTANCE OF 8.62 FEET; R THENCE N.39050'16"E. A DISTANCE OF 11.25 FEET; THENCE N.50009'44"W.A DISTANCE OF 11.12 FEET; THENCE S.87027'12"W.A DISTANCE OF 9.40 FEET; 3 THENCE S.01024'18"E. A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. Q SAID EASEMENT SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA. B QFk� 3 34844325v132947.0013 a 3 3 a t This instrument was prepared by . and return recorded copy to: 1 Lawrence Allen Raab,Esq. Weiss Serota Helfinan Cole&Bierman,P.L. l 2525 Ponce de Leon Boulevard,Suite 700 Coral Gables,Florida 33134 F. Folio Number 1 i EASEMENT AGREEMENT (Water,Wastewater,and General Utilities) E THIS EASEMENT AGREEMENT ("Agreement") is made on , 2018 by DANIA LIVE 1748,LLC, a Delaware limited liability company ("Grantor") whose mailing address is 3333 New Hyde Park Road, Suite 200,New Hyde Park,New York, 11042, in favor of CITY OF DANIA BEACH, a Florida municipal corporation ("City") whose mailing address is 100 W. Dania Beach Boulevard,Dania Beach, Florida 33004. RECITALS: Grantor is the owner of certain real property located in Broward County, Florida as more particularly described on Exhibit"A"("Property"). Grantor has previously installed potable water, sanitary sewer, and wastewater drainage infrastructure on the Property("Infrastructure"),ownership of which will be transferred to City,in whole or in part. l In order for City to construct, install, inspect, maintain, repair, replace, remove, and operate the Infrastructure, City needs to acquire a permanent, non-exclusive utility easement, and rights of ingress, egress and access under, over,upon,and across the Property. Grantor has full power and authority to enter into this Agreement and to grant an easement to the City over that real property located in the City,more particularly described on Exhibit"B",attached hereto and incorporated herein("Easement Area"). Grantor is willing to grant to the City an easement under,over,across and through a portion of the Property for the purpose of constructing,installing,inspecting,maintaining,repairing,replacing,removing, and operating the Infrastructure, together with rights of ingress and egress, subject to the terms and conditions of this Agreement. NOW,THEREFORE,in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, Grantor and City agree as follows: v 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. i 2. Grant of Easement.Grantor hereby grants and conveys to City and its employees,agents, contractors, successors and assigns,a perpetual non-exclusive easement("Easement")over,upon,across, and under the Easement Area for the purpose of constructing,installing,inspecting,maintaining,repairing, replacing,removing,and operating the Infrastructure,as well as for ingress and egress, with full right and i 1 i i authority to enter upon and excavate the Easement Area in order to construct, install, inspect, maintain, repair, replace, remove, and operate the Infrastructure as the City may, in its sole discretion, determine. Grantor also grants City a license to'temporarily locate its equipment on any portion of the Property mutually agreed upon by Grantor and City adjoining the Easement Area as may be necessary to perform the foregoing. i 3. Improvements and Restoration. In the event City exercises its rights as set forth in Section 2 hereof, City shall, subject to the work described in Section 2, restore the Property and any improvements thereon to their prior existing condition at no cost or expense to Grantor unless such restoration is required due to the acts or omissions of Grantor. In exercising its rights hereunder,City shall u use reasonable efforts to minimize any impacts to Grantor's ongoing activities on the Property. At no time will the City's activities on the Property interfere with ingress or egress to and from the Property by patrons, employees and invitees. k 4. Representations. Grantor represents to the City that (a) Grantor has full power and authority to enter into this Agreement and to grant the Easement to City; and(b)all company approvals, authorizations and consents required for the execution and delivery of this Agreement by the Grantor have been obtained. i 5. Covenants Running with the Land. This Agreement and the Easement hereby granted will run with the land and will be binding upon and inure to the benefit of the parties and their respective successors and assigns. 6. Attorneys' Fees. In the event a party institutes any legal action or proceedings for the enforcement of any right or obligation herein contained, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding. [ 7. Amendment or Termination. This Agreement may be amended,modified or terminated only by a written instrument signed by both parties or their respective successors and assigns, which instrument will only become effective when recorded in the Public Records of Broward County, Florida. 8. Governing Laws.The laws of the State of Florida shall govern the interpretation,validity, performance and enforcement of this Easement. Venue for any action brought hereunder shall be brought exclusively in Broward County,Florida. i 1 9. Successors and Assigns.This Agreement will be binding upon the successors and assigns [ of Grantor and the City. 10. Limit of Liability. Grantor acknowledges and agrees that should the City, its officers, employees,or agents be found liable for any damage in connection with the Improvements due to the actions 1 or omissions of the City, its officers, employees, or agents, then such damages shall be subject to the provisions and monetary limitations of Section 768.28(5), Florida Statutes, which limitations shall be applicable regardless of whether such provisions would otherwise apply, and to the extent permitted by law. [Remainder of page intentionally left blank] u a 4 t i k s 2 } i i This Agreement is being signed by the parties as of the date set forth on the first page. Witnesses(2 required): GRANTOR: DANIA LIVE 1748,LLC,a Delaware limited Signature: '(JAL liability comp y Print Name:_ 2o, By: Signature: Name: Joseph Denis,Vice President Print Name: A,Gw Title: ACKNOWLEDGMENT STATE OF.R� QVO-,(Mama COUNTY OF Mbtkff--fM-1JE NL4�6v rj The foregoing instrument was acknowledged before me on M a 2018, by 3%ky�,Nyos ,as Vl ct y S-i 4 _,of ANIA LIVE 1748,LLC,a Delaware limited liability company,who is[LWersonally known to me or who has[ ]produced a Florida Driver's license as identification. [SEAL] l/" '� Y ` % i i i t�� Notary Public,State offlexida. J ao4+(,d, 11110, AOLImil V\ft&1]-Col Print Name of Notary av �OZ'ARY Z= Commission No. Zo0goq`100033 Poe Commission Expires: L 1 �Z(520 3 G f k JOINDER AND CONSENT OF TENANT t 3 The undersigned the Tenant under that certain unrecorded Lease Agreement with DANIA LIVE 1748,LLC,a Delaware limited liability company, dated covering all/or a portion of the Property described in the foregoing Easement Agreement granted to the City of Dania Beach, a Florida municipal corporation, does hereby join in and consent to the terms and conditions of the Easement Agreement,and acknowledges and agrees that the terms and conditions of the Easement Agreement are and shall be binding upon the undersigned and its successors and/or assigns in title. 'n t IN WITNESS WHEREOF,these presents have been executed this day of ,2018. i r Witnesses: TENANT: t Signature Print Name By: Print Name: Title: f Signature w Print Name STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by , the of on behalf of the company. He/She is personally known to me or has produced as F identification. : Witness my signature and official seal this day of , 2018 in the County and State aforesaid. 1 NOTARY PUBLIC,State of Print Name: Commission No.: l Commission Expires: i 4 i L r r EXHIBIT"A" PROPERTY 5 . -- - . - ) ITY;��EEAEMENT a � y6 V o ; o m TILITY � � � � � 11,6 0 D EASEMENT q4 L Y 1 EXISTING_ I UTILITY'- p �� I : i I EASEMENT n E � � / UTILITY I rT G UTILITY D EASEMENT //3 EASEMENT q3 ' 7 'I U LIFT STATIO EASEMENT I I 1 UTILITY C 8 EASEMENT #2 � i,`i 1 � •-� ffi i'11j_ — � i!!a is i�L' TILITY UTILITY �,I EASEMENT #5 a=, MENT .f T Kimley»)Horn ..,•M M1 v. DANIA POINTE-PHASE I EASEMENT KEY MAP EXHIBI' F r r EXHIBIT"B" EASEMENT AREA 7 s r a h s k 4 B' Lgi R pp S 6 STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS Tel. (954) 585-0997 g 4341 S.W. 62nd Avenue Florida Licensed Survey Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 EXHIBIT"A" LEGAL DESCRIPTION OF x CITY OF DANIA BEACH UTILITY EASEMENT#5 CITY OF DANIA BEACH, BROWARD COUNTY,FLORIDA LEGAL DESCRIPTION: A 10 FOOT WIDE UTILITY EASEMENT BEING A PORTION OF LOT 14,BLOCK 1,DOUGLAS HILL PLAT,RECORDED IN PLAT BOOK 12, PAGE 45,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA.SAID PARCEL BEING SITUATE WITHIN THE SOUTHWEST ONE-QUARTER(S.W.1/4)OF SECTION 33,TOWNSHIP 50 SOUTH,RANGE 42 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SOUTHWEST ONE-QUARTER(S.W.1/4); THENCE S.87°34'45"W.,ALONG THE SOUTH LINE OF THE SAID SOUTHWEST ONE-QUARTER(S.W.1/4),A DISTANCE OF 174.42 FEET; THENCE N.01°16'42"W.,A DISTANCE OF 77.42 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STIRLING ROAD SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE CONTINUE N.01°1642"W.,A DISTANCE OF 5.19 FEET TO THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. THE SIDE LINES OF THIS EASEMENT ARE TO BE LENGTHENED OR SHORTENED TO MEET AT ANGLES POINTS. t SAID LANDS SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA AND CONTAINING 62 SQUARE FEET,MORE OR LESS. ; k NOTES: 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF RECORD. 2.THIS SKETCH AND DESCRIPTION IS"NOT VALID"WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3.THE BEARINGS SHOWN HEREON ARE BASED ON S.87°34'45"W.,ALONG THE SOUTH LINE SOUTHWEST ONE-QUARTER(S.W.1/4), SECTION 33,TOWNSHIP 50 SOUTH,RANGE 42 EAST AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP,SECTION 86016-2500. ) 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOT A SURVEY). 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER&ASSOCIATES,INC. 6.SEE SHEET 2 OF 2 FOR A GRAPHIC DEPICTION(SKETCH)OF THE PROPERTY DESCRIBED HEREON. jf. u CERTIFICATE: LO THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SEAL A m SURVEYORS AND MAPPERS IN CHAPTER 5J-17,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.07,FLORIDA STATUTES. SEAL 0 REViS10 S DATE I BY DATE; Feb 06, 2018 NOT VALID UNLESS U RICHARD G. CRAWFORD Jr. SEALED HERE WITH AN EMBOSSED 600 PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 — STATE OF FLORIDA SURVEYOR'S SEAL z LO THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER& ASSOCIATES,INC.AND SHALL NOT BE REPRODUCED IN WHOLE OR IN DATE OF SKETCH: DRAWN BY CHECKED BY FIELD BOOK rr PART WITHOUT PERMISSION OF STONER&ASSOCIATES,INC. 02/O2/18 DRL RGC N/A SHEET 1 OF 2 4�— s COPYRIGHT 2018 l i STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS e 4341 S.W. 62nd AVE. Florida Licensed Survey Tel. (954) 585-0997 € Davis, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 EXHIBIT"A" SKETCH OF DESCRIPTION CITY OF DANIA BEACH UTILITY EASEMENT#5 CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA N 1 9 ' I I 16 I I N 1 I I Q Q m ^I 10 F OT WIDE LU L J IL o� I Imo~ UTIL EASEMENT �I i 1 O W I 62t SQ.FT. Z 0 I ul UUca I I()� 1 15 10 >I w 1 W I C' t 1 BLO K 1 Qcn Q aC 1 I� DOUGL S HILL I a Y °? 1 r Z B. 12, PG 40, B.CTR �W I13IL 1 14 P.O.T. 12iN.01"16'4 W.6.11 � I P.0 B. N.RNV LINE I P.O.C. S.E.CORNER,SW.114 I Z S.LINE S.W.1/4,SECTION.33-50�2 I SECTION 33 50-42 _ _ — — — — S.8r3445"1N. 174.42' STIRLING ROAD (STATE ROAD 848) ( LEGEND: P.B................PLAT BOOK PG.. .............. PAGE B.C.R.. ............ FROWARD COUNTY RECORDS SCALE:1"=60' P.O.0.. ............ POINT OF COMMENCEMENT P.O.B.. ............ POINT OF BEGINNING QL . ............ .CENTERLINE NOTE: SQ.FT............. .SQUARE FEET SEE SHEET 1 OF 2 FOR THE LEGAL 0 15 30 so 120 R1W............... RIGHT-OF-WAY DESCRIPTION OF THE PROPERTY GRAPHIC SCALE SHOWN GRAPHICALLY HEREON. SKETCH NO. FlIF: C: users damson o ota tom AaPWAlehJ8064 14—e058_CODB UTIUTr USEMENTP.dwg SHEET 2 OF 2 14-8058 CODB#5 OPINION OF TITLE To: City of Dania Beach I With the understanding that this Opinion of Title is furnished to the City of Dania Beach, as inducement for acceptance of a utility easement covering the real property, hereinafter described, it is hereby certified that the following report I reflects a comprehensive search of the Public Records affecting the above described property covering the period from the beginning to the 10t" day of May, 2018, at the hour of 8:00 a.m. inclusive, of the following described property: Legal Description Include reference to and copy(ies) of original deeds vesting title to current owner(s) See attached Exhibit "A" i am of the opinion that on the last mentioned dated, the fee simple title to the above-described real property was vested in: i Names of all Owner(s) of Record: Dania Live 1748, LLC, a Delaware limited liability company pursuant to Special Warranty Deed recorded on January 11, 2018 under instrument number 114826933 of the Public Records of Broward County, Florida. Subject to the following: 3 i Mortgage(s) of Record (if none, state none): NONE t NOTE: Notice of Commencement recorded in Instrument No. 114919983 recorded in the Public Records of Broward County, Florida. NOTE: Notice of Commencement recorded in Instrument No. 115069034 recorded in the Public Records of Broward County, Florida. List of easements and Rights-of-Way lying within the plat boundaries (if none, state none). (Attach copies of all recorded document(s) [excluding recorded plats] —ALL DOCUMENTS RECORDED IN THE OFFICIAL RECORDS OF BROWARD COUNTY, FLORIDA. [ Plat of Douglas Hill recorded in Plat Book 12, Page 45 of the Public Records of Broward County, Florida. z [SIGNATURE ON FOLLOWING PAGE] 34862853vl32947.0013 HEREBY CERTIFY that the foregoing report reflects a comprehensive search of the Public Records of Broward County, Florida, affecting the above described property. I further certify that I am an attomey-at-law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this day of May, 2018. GREENSPOON MARDER, P.A. By Mark . Lynn, sq., for the firm Florida Bar No. 0085741 34862853v132947.0013 I Exhibit "A" UTILITY EASEMENT NO. 5: A 10 FOOT WIDE UTILITY EASEMENT BEING A PORTION OF LOT 14, BLOCK 1, I DOUGLAS HILL PLAT, RECORDED IN PLAT BOOK 12, PAGE 45, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PARCEL BEING SITUATE WITHIN THE SOUTHWEST ONE-QUARTER (S.W. 114) OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SOUTHWEST ONE- QUARTER (S.W. 1/4); THENCE S.87034'45" W., ALONG THE SOUTH LINE OF THE SAID SOUTHWEST ONE-QUARTER (S.W. 1/4), A DISTANCE OF 174.42 FEET; THENCE N.01 01 6'42"W., A DISTANCE OF 77.42 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STIRLING ROAD SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; ( THENCE CONTINUE N.01°16'42'VV., A DISTANCE OF 6.19 FEET TO THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. THE SIDE LINES OF THIS EASEMENT ARE TO BE LENGTHENED OR SHORTENED TO MEET AT ANGLES POINTS. SAID LANDS SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. i I 6 i E B E E S z { 4 f S 34862853v132947.0013 E 5 3 f 8 This instrument was prepared by and return recorded copy to: 1 Lawrence Allen Raab,Esq. Weiss Serota Helflnan Cole&Bierman,P.L. 2525 Ponce de Leon Boulevard,Suite 700 Coral Gables,Florida 33134 i Folio Number i i EASEMENT AGREEMENT (Water,Wastewater,and General Utilities) e THIS EASEMENT AGREEMENT ("Agreement") is made on , 2018 by DANIA LIVE 1748,LLC, a Delaware limited liability company ("Grantor") whose mailing address is 3333 New Hyde Park Road, Suite 200,New Hyde Park,New York, 11042, in favor of CITY OF DANIA BEACH, a Florida municipal corporation ("City") whose mailing address is 100 W. Dania Beach Boulevard,Dania Beach,Florida 33004. RECITALS: Grantor is the owner of certain real property located in Broward County, Florida as more particularly described on Exhibit"A"("Property"). Grantor has previously installed potable water, sanitary sewer, and wastewater drainage infrastructure on the Property("Infrastructure'),ownership of which will be transferred to City,in whole or in part. In order for City to construct, install, inspect, maintain, repair, replace, remove, and operate the Infrastructure, City needs to acquire a permanent, non-exclusive utility easement, and rights of ingress, egress and access under, over, upon,and across the Property. Grantor has full power and authority to enter into this Agreement and to grant an easement to the City over that real property located in the City,more particularly described on Exhibit"B",attached hereto and incorporated herein("Easement Area"). Grantor is willing to grant to the City an easement under,over,across and through a portion of the Property for the purpose of constructing,installing,inspecting,maintaining,repairing,replacing,removing, and operating the Infrastructure, together with rights of ingress and egress, subject to the terms and conditions of this Agreement. y NOW,THEREFORE,in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties,Grantor and City 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 hereby grants and conveys to City and its employees,agents, contractors, successors and assigns,a perpetual non-exclusive easement("Easement")over, upon, across, and under the Easement Area for the purpose of constructing,installing,inspecting,maintaining,repairing, replacing,removing, and operating the Infrastructure, as well as for ingress and egress,with full right and 1 i F 1 1 authority to enter upon and excavate the Easement Area in order to construct, install, inspect, maintain, s repair, replace, remove, and operate the Infrastructure as the City may, in its sole discretion, determine. Grantor also grants City a license to temporarily locate its equipment on any portion of the Property mutually agreed upon by Grantor and City adjoining the Easement Area as may be necessary to perform the foregoing. 3. Improvements and Restoration. In the event City exercises its rights as set forth in Section 2 hereof, City shall, subject to the work described in Section 2, restore the Property and any improvements thereon to their prior existing condition at no cost or expense to Grantor unless such restoration is required due to the acts or omissions of Grantor. In exercising its rights hereunder, City shall use reasonable efforts to minimize any impacts to Grantor's ongoing activities on the Property. At no time will the City's activities on the Property interfere with ingress or egress to and from the Property by patrons, employees and invitees. 4. Representations. Grantor represents to the City that (a) Grantor has full power and i authority to enter into this Agreement and to grant the Easement to City; and(b)all company approvals, authorizations and consents required for the execution and delivery of this Agreement by the Grantor have been obtained. 5. Covenants Running with the Land. This Agreement and the Easement hereby granted will run with the land and will be binding upon and inure to the benefit of the parties and their respective successors and assigns. 6. Attorneys' Fees. In the event a party institutes any legal action or proceedings for the enforcement of any right or obligation herein contained,the prevailing party will be entitled to recover its i costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding. 7. Amendment or Termination. This Agreement may be amended, modified or terminated only by a written instrument signed by both parties or their respective successors and assigns, which instrument will only become effective when recorded in the Public Records of Broward County,Florida. 8. Governing Laws.The laws of the State of Florida shall govern the interpretation,validity, 3 performance and enforcement of this Easement. Venue for any action brought hereunder shall be brought exclusively in Broward County,Florida. 1 9. Successors and Assigns.This Agreement will be binding upon the successors and assigns of Grantor and the City. 10. Limit of Liability. Grantor acknowledges and agrees that should the City, its officers, 1 employees,or agents be found liable for any damage in connection with the Improvements due to the actions or omissions of the City, its officers, employees, or agents, then such damages shall be subject to the provisions and monetary limitations of Section 768.28(5), Florida Statutes, which limitations shall be applicable regardless of whether such provisions would otherwise apply, and to the extent permitted by law. e k 3 [Remainder of page intentionally left blank] i i I 2 1 1 1 This Agreement is being signed by the parties as of the date set forth on the first page. Witnesses(2 required): GRANTOR: DANIA LIVE 1748,LLC,a Delaware limited Signature: `, liability comp �- Print Name: I (, 'li AM-4 By: I L=:== Signature: "l 'Y Name: Joseph Denis,Vice President --r r Print Name: Title: ACKNOWLEDGMENT STATE OF FbQFJDA V�Ao t41,CDA-bnik COUNTY OF - Wtgclan6\, The foregoing instrument was acknowledged before me on N�c1✓�l ,2018, by as idmA ofDANIA LIVE 1748,LLC,a Delaware limited liability company,who is I 4Wonally known to me or who has[ ]produced a Florida Driver's license as identification. [SEAL] Not ublic, State of Elerida i�c-I14(o-Y l i n c\ $f ATHF i� Print Name ootNotary Commission No. IVO°I a a q OWE ,3 OINRY v �a F u gV\G z Commission Expires: �ZI 1lp� 2021 110 NBUR0 dp� 3 6 I. c JOINDER AND CONSENT OF TENANT E l The undersigned the Tenant under that certain unrecorded Lease Agreement with DANIA LIVE 1748,LLC,a Delaware limited liability company, dated covering all/or a portion of the Property described in the foregoing Easement Agreement granted to the City of Dania Beach, a Florida municipal corporation, does hereby join in and consent to the terms and conditions of the Easement Agreement,and acknowledges and agrees that the terms and conditions of the Easement Agreement are and shall be binding upon the undersigned and its successors and/or assigns in title. IN WITNESS WHEREOF,these presents have been executed this day of ,2018. h : Witnesses: TENANT: Signature Print Name By: g Print Name: i Title: Signature Print Name E l STATE OF FLORIDA ) 1 1 COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by the of on behalf of k the company. He/She is personally known to me or has produced as identification. I Witness my signature and official seal this day of , 2018 in the County and State aforesaid. E i NOTARY PUBLIC,State of Print Name: Commission No.: Commission Expires: 4 t e x 6 E EXHIBIT"A" PROPERTY i If 5 f ' - - Q-.-.. TILITY -------- EASEMENT #6 i; 1 •S o � I I ' ' TILITY —a i EASEMENT #4 i CL " O i r fir' 4�'1 l -' _ p 8 D EXISTING. ! UTILITY 'EASEMENT cp - '',� UTILITY f I /EASEMENTTILI#3 U (EASEMENT #3 r � a. U rl ,/ LIFT STATIO I _ EASEMENT UTILITY EASEMENT #2 �— r �► L- - -u TILITY -=_:c- ' UTILITY EASEMENT #5 MENT #1 �r TM ,as y)))Horn r- DANIA POINTE-PHASE I EASEMENT KEY MAP EXHIBI" f �:I Ti LI TY EASEMENT #6 i i j Kimley»)Horn DANIA POINTE-PHASE 1 EASEMENT KEY MAP EXHIBI" EXHIBIT"B" EASEMENT AREA i F C g� 2 3 M p� k p2p 4 F� r d 6 r i I h STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd Avenue Florida Licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 i EXHIBIT"A" LEGAL DESCRIPTION OF CITY OF DANIA BEACH UTILITY EASEMENT#6 CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA LEGAL DESCRIPTION: A STRIP OF LAND BEING A PORTION OF PARCEL A,DANIA POINTE,RECORDED IN PLAT BOOK 183,PAGES 91 THRU 99,OF THE PUBLIC c RECORDS OF BROWARD COUNTY,FLORIDA,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER(S.W.1/4)OF SECTION 33 TOWNSHIP 50 SOUTH,RANGE 42 EAST; THENCE S.01"41'47"E.,ALONG THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER(S.W.1/4),A DISTANCE OF 5.00 FEET TO A POINT ON A LINE 5.00 FEET SOUTH OF A PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST ONE-QUARTER(S.W.1/4),SAID POINT BEING THE POPINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE S.87"26'01"W.ALONG SAID PARALLEL LINE,A DISTANCE OF 517.53 FEET; THENCE S.80"34'10"W.A DISTANCE OF 46.91 FEET TO A POINT ON A LINE 5.00 FEET EAST OF AND PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF INTERSTATE 95(STATE ROAD 9); THENCE S.04"16'19"E.ALONG SAID PARALLEL LINE,A DISTANCE OF 578.97 FEET; THENCE S.05"55'17"E.A DISTANCE OF 96.72 FEET TO REFERENCE POINT"A'; THENCE N.87"26'01"E.A DISTANCE OF 7,39 FEET; k THENCE S.02"30'52"E.A DISTANCE OF 67.81 FEET; ( THENCE N.87"29'13"E.A DISTANCE OF 170.01 FEET TO REFERENCE POINT"B"; F THENCE 8.02"32'56"E.A DISTANCE OF 36.13 FEET TO REFERENCE POINT"C"; F , THENCE CONTINUE S.02"32'56"E.A DISTANCE OF 468.07 FEET TO REFERENCE POINT"D"; THENCE CONTINUE S.02"32'56"E.A DISTANCE OF 32.14 FEET TO REFERENCE POINT"E'; a THENCE CONTINUE S.02"32'56"E.A DISTANCE OF 3.18 FEET; THENCE&87"27'04"W.A DISTANCE OF 127.70 FEET; THENCE S.02"32'48"E.A DISTANCE OF 237.67 FEET; THENCE N.87"27'12"E.A DISTANCE OF 194.01 FEET TO A POINT ON THE WESTERLY SIDELINE OF A 12 FOOT WIDE WATER MAIN EASMENT RECORDED IN OFFICIAL RECORDS BOOK 45257,PAGE 1362 OF SAID PUBLIC RECORDS,SAID POINT BEING THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. TOGETHER WITH: k c BEGIN AT THE AFOREMENTIONED REFERENCE POINT"A"; THENCE S.87"26'01"W.,A DISTANCE OF 7.79 FEET TO THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. TOGETHER WITH: BEGIN AT THE AFOREMENTIONED REFERENCE POINT"B"; THENCE N.02"32'56'W.,A DISTANCE OF 86.00 FEET TO THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. FLE GWw• \ \pro rl��eoe4\�+-eose eme�nutr Fir ERTIFICATE: THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.I m FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SEAL O SURVEYORS AND MAPPERS IN CHAPTER 5J-17,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.07,FLORIDA STATUTES. SEAL REVISIONS 1 DATE 1 BY DATE: Feb 06, 2018 NOT VALID UNLESS () RICHARD G. CRAWFORD Jr. SEALED HERE WITH GoI AN EMBOSSED o PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 — STATE OF FLORIDA SURVEYOR'S SEAL Z O THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER 2 00 ASSOCIATES,INC.AND SHALL NOT BE REPRODUCED IN WHOLE OR IN PART DATE OF SKETCH: DRAWN BY CHECKED BY FIELD BOOK WITHOUT PERMISSION OF STONER&ASSOCIATES,INC. Q.1/02/18 DRL RGC N/A SHEET 1 OF 4 x�" COPYRIGH 2O18 - u c STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd Avenue Florida Licensed Survey Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 EXHIBIT'A" LEGAL DESCRIPTION OF CITY OF DANIA BEACH UTILITY EASEMENT#6 CITY OF DANIA BEACH,BROWARD COUNTY, FLORIDA x LEGAL DESCRIPTION:(CONTINUED) TOGETHER WITH: BEGIN AT THE AFOREMENTIONED REFERENCE POINT"C'; g THENCE N.87"27'04"W.,A DISTANCE OF 15.78 FEET TO THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. ( TOGETHER WITH: i BEGIN AT THE AFOREMENTIONED REFERENCE POINT"D'; THENCE N.87"27'12"W.,A DISTANCE OF 13.72 FEET TO THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. TOGETHER WITH: F BEGIN AT THE AFOREMENTIONED REFERENCE POINT"E"; i THENCE N.87"27'10"W.,A DISTANCE OF 39.15 FEET TO THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. THE SIDE LINES OF THE HEREIN DESCRIBED STRIP OF LAND EASEMENTS ARE TO BE LENGTHENED OR SHORTENED TO MEET AT ANGLES POINTS. SAID EASEMENT SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA,CONTAINING 0.62 ACRES (27,217 SQUARE FEET),MORE OR LESS, G 1 �k NOTES: 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF RECORD. 2.THIS SKETCH AND DESCRIPTION IS"NOT VALID"WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3.THE BEARINGS SHOWN HEREON ARE BASED ON N.87"26'02"E.,ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER(S.W. 114),AS SHOWN ON THE PLAT OF DANIA POINTE,RECORDED IN PLAT BOOK 183,PAGE 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA. 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOT A SURVEY). 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER&ASSOCIATES,INC. 6.SEE SHEETS 3 AND 4 OF 4 FOR A GRAPHIC DEPICTION(SKETCH)OF THE PROPERTY DESCRIBED HEREON. ( SKETCH NO. FILE C\Users\damiaa\ap data\locai temp\AcPubliish_16064\14-6058 GODB_UTIUTY EAMENTISAwg SHEET 2 OF 4 14-8058_CODB#6 G 1 4g F STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS I 4341 S.W. 62nd AVE. 5 Florida Licensed Survey Tel. 954 585-0997 Davie, Florida 33314 and Mapping Business No.6033 Fax (954) 585-3927 NOTE: SKETCH OF DESCRIPTION EXHIBIT"A" SEE SHEETS 1 AND 2 4 CITY OF DANIA BEACH UTILITY EASEMENT#6 FOR THE LEGAL DESCRIPTION OF THE PROPERTY SHOWN CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA GRAPHICALLY HEREON. PARCEL "A" P.O.C. 'DESIGN CENTER OF AMERICAS.. N.E.CORNER.S.W.'/4 (P.8. 119, PG. 32,B.C.R.) SEC.33-50-42 _= — N�LINE S.W.'/'/ SEC,33 50 42� _ = —==== — a S.87°26'01"W. 517.53' P.O.Q. Wo Ir \ S.80°34'10'W. 4 `4 U, I ui OF 10 FOOT WIDE III 6.91 UTILITY EASEMENTgr I o i I �' 5' I III i I III 10 A PORTION OF PARCEL A i II DANIA POINTE III (P.B. 183, PG. 91 THRU 99, B.C.R.) O rn Lo o I �� N LEGEND: Z I I i P.B.. ...... .PLAT BOOK "' aI . PG.. ....... .PAGE "' w III W B.C.R.. .... .BROWARD COUNTY RECORDS co I A P.O.C.. .... .POINT OF COMMENCEMENT 0 W N III`.° W P.O.B.. .... .POINT OF BEGINNING N i w z I Io W P.O.T.. .... .POINT OF TERMINATION , J IIu� O tD L1 . ....... .LINE 1(REFER TO LINE TABLE) 3 w x 3�a I I O F.D.O. ..... .FLORIDA DEPARTMENT w.T ai c H I� a OF TRANSPORTATION z Uj z U! R/W....... .RIGHT-OF-WAY U) O , z p i i L CL . ....... .CENTERLINE W I u I W SCALE: 1"=100' I III , 0 u w ,00 Zoo , ._I s. GRAPHIC SCALE I I I � I �� I INS A PORTION OF PARCEL A I II m P.O.T. DANIA POINTE S.87126'01"W. I I 779' N.87°26'01"E. Z (P.B. 183, PG. 91 THRU 99, B.C.R.) 7.39' N I P.O.T. II�w PREA,I I'� 67 8130's2"E.P RET. F it i� II' N.87°29'13_E. 170_01_ ik I_LLL' I S.02°32'56"E. I "1 36.13' MATCH LINE (SEE SHEET 4 OF 4) SKETCH N0. SHEET 3 OF 4 14-8058 CODB#6 a I STONER &ASSOCIATES, INC. SURVEYORS-MAPPERS Tel. (954) 585-0997 4341 S.W. 62nd AVE. Florida Licensed Survey Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 NOTE: SKETCH OF DESCRIPTION EXHIBIT"A" SEE SHEETS 1 AND 2 OF 4 CITY OF DANIA BEACH UTILITY EASEMENT#6 g FOR THE LEGAL DESCRIPTION OF THE PROPERTY SHOWN CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA I GRAPHICALLY HEREON. MATCH LINE (SEE SHEET 3 OF 4) S.02°32'56"E. i { 36.13' P.O.T. ( REF. N.37°27'04"E. { PT."C' Ill 15.78' I {(� A PORTION OF PARCEL A DANIA POINTE i { 10 (P.B. 183, PG. 91 THRU 99, B.C.R.) { II I 111 lllo w LEGEND: I I A Z I lid P.B.. ...... .PLAT BOOK WI 1 PG.. ....... .PAGE IIhw B.C.R.. .... .BROWARD COUNTY RECORDS O� P.O.C.. .... .POINT OF COMMENCEMENT I OQ� P.O.B.. .... .POINT OF BEGINNING I L o y I P.O.T.. .... .POINT OF TERMINATION o o { 'J I l� L1 . ....... .LINE 1 (REFER TO LINE TABLE) `-�6 p O� � � F.D,O.T .... .FLORIDA DEPARTMENT N N &O " OF TRANSPORTATION I L17 F I R/W....... .RIGHT-OF-WAY Cb � I Z w , CL . ....... .CENTERLINE V I ij t w ui III LU N Z I I ui aQ 5, ai ZI Z I Z w I I N 87°27'12"E. w I o { PT REF I I 13.72' up { S.02°32'56"E. P.O.T. LU „E„ REF.32.14' PT. P.O.T. ►— r-— z I�.87°27' W._ N.8 04" 7°27'10"E. 127.70' 39.15' 5' S.02°32'56"E. N 3.18' I I 10' I I I I ml(� i11 I Nl I ( I ZQ' WI IIWm I cD { I �N I Coll, OF 10 FOOT WIDE wr`Oi f of UTILITY EASEMENT z� SCALE:1"=100' I ga. `nl P.O.T. W l I I N iI 3 m 0 25 50 100 200 x L K GRAPHIC SCALE in PAR1,EL 'A' DUKE & DUKE SUBDIVISION (P.B. 124, PG, 48, B.C.R.) SKETCH NO. SHEET 4 OF 4 14-8058 CODB#6 i e, 4 a P OPINION OF TITLE I To: City of Dania Beach I I With the understanding that this Opinion of Title is furnished to the City of Dania Beach, as inducement for acceptance of a utility easement covering the real a property, hereinafter described, it is hereby certified that the following report reflects a comprehensive search of the Public Records affecting the above described property covering the period from the beginning to the 10t day of May, 2018, at the hour of 8:00 a.m. inclusive, of the following described property: Legal Description Include reference to and copy(ies) of original deeds vesting title to current owner(s) See attached Exhibit "A" ff I am of the opinion that on the last mentioned dated, the fee simple title to the t above-described real property was vested in: Names of all Owner(s) of Record: Dania Live 1748, LLC, a Delaware limited liability company pursuant to Special Warranty Deed recorded under instrument number 112759787 of the Public Records of Broward County, Florida. Subject to the following: Mortgage(s) of Record (if none, state none): NONE List of easements and Rights-of-Way lying within the plat boundaries (if none, state none). (Attach copies of all recorded document(s) [excluding recorded plats] —ALL DOCUMENTS RECORDED IN THE OFFICIAL RECORDS OF BROWARD COUNTY, FLORIDA. Plat of Dania Point recorded in Plat Book 183, Page 91 of the Public Records of Broward County, Florida. [SIGNATURE ON FOLLOWING PAGE] " C e s 34867626v 1 32947.0013 I HEREBY CERTIFY that the foregoing report reflects a comprehensive search of the Public Records of Broward County, Florida, affecting the above described property. I further certify that I am an attorney-at-law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this day of May, 2018. GREENSPOON MARDER, P.A. By Mark'J. Lynn, Esq., for the firm Florida Bar No. 0085741 34867626v] 32947.0013 I 3 Exhibit"A" UTILITY EASEMENT NO.6: A STRIP OF LAND BEING A PORTION OF PARCEL A, DANIA POINTE, RECORDED IN PLAT BOOK 183, PAGES 91 THRU 99, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER (S.W. 1/4) OF SECTION 33 TOWNSHIP 50 SOUTH, RANGE 42 EAST; THENCE S.01041'47"E., ALONG THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER(S.W. 114),A DISTANCE OF 5.00 FEET TO A POINT ON LINE 5.00 FEET SOUTH OF A PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST ONE-QUARTER (S.W. 1/4), SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE S.87026'01"W.ALONG SAID PARALLEL LINE,A DISTANCE OF 517.53 FEET; 1 THENCE S.80034'10"W. A DISTANCE OF 46.91 FEET TO A POINT ON A LINE 5.00 FEET EAST OF AND PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF INTERSTATE 95(STATE ROAD 9); THENCE S.04016'19"E.ALONG SAID PARALLEL LINE,A DISTANCE OF 578.97 FEET; THENCE S.05055'17"E.A DISTANCE OF 96.72 FEET TO REFERENCE POINT"A'; THENCE N.87026'01"E.A DISTANCE OF 7.39 FEET; THENCE S.02030'52"E.A DISTANCE OF 67.81 FEET; THENCE N.87°29'13"E.A DISTANCE OF 170.01 FEET TO REFERENCE POINT"B'; THENCE S.02°32'56"E.A DISTANCE OF 36.13 FEET TO REFERENCE POINT"C"; THENCE CONTINUE S.02°32'56"E.A DISTANCE OF 468.07 FEET TO REFERENCE POINT"D'; THENCE CONTINUE S.02032'56"E.A DISTANCE OF 32.14 FEET TO REFERENCE POINT"E'; 1 THENCE CONTINUE S.02°32'56"E.A DISTANCE OF 3.18 FEET; THENCE S.87027'04"W.A DISTANCE OF 127.70 FEET; THENCE S.02032'48"E.A DISTANCE OF 237.67 FEET; THENCE N.87027'12"E. A DISTANCE OF 194.01 FEET TO A POINT ON THE WESTERLY SIDELINE OF A 12 FOOT WIDE WATER MAIN EASMENT RECORDED IN OFFICIAL RECORDS BOOK 45257, PAGE 1362 OF SAID PUBLIC RECORDS, SAID POINT BEING THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. TOGETHER WITH: BEGIN AT THE AFOREMENTIONED REFERENCE POINT"A"; THENCE S.87°26'01"W., A DISTANCE OF 7.79 FEET TO THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. 34867626v l 32947.0013 TOGETHER WITH: I BEGIN AT THE AFOREMENTIONED REFERENCE POINT"B'; THENCE N.02032'56"W., A DISTANCE OF 86.00 FEET TO THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. I TOGETHER WITH: BEGIN AT THE AFOREMENTIONED REFERENCE POINT"C'; THENCE N.87°27'04"W., A DISTANCE OF 15.78 FEET TO THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. 4 TOGETHER WITH: I BEGIN AT THE AFOREMENTIONED REFERENCE POINT"D"; THENCE N.87027'12"W., A DISTANCE OF 13.72 FEET TO THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. TOGETHER WITH: BEGIN AT THE AFOREMENTIONED REFERENCE POINT"E'; THENCE N.87027'10"W., A DISTANCE OF 39.16 FEET TO THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. y THE SIDE LINES OF THE HEREIN DESCRIBED STRIP OF LAND EASEMENTS ARE TO BE LENGTHENED OR SHORTENED TO MEET AT ANGLES POINTS. SAID EASEMENT SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. 1 i e a 34867626v132947.0013 = i 7 ig 1 This instrument was prepared by i F and return recorded copy to: Lawrence Allen Raab,Esq. Weiss Serota Helfinan Cole&Bierman,P.L. l i 2525 Ponce de Leon Boulevard,Suite 700 Coral Gables,Florida 33134 Folio Number t i EASEMENT AGREEMENT (Water,Wastewater, and General Utilities) THIS EASEMENT AGREEMENT ("Agreement") is made on , 2018 by DANIA LIVE 1748,LLC, a Delaware limited liability company ("Grantor') whose mailing address is 3333 New Hyde Park Road,Suite 200,New Hyde Park,New York, 11042, in favor of CITY OF DANIA BEACH, a Florida municipal corporation ("City") whose mailing address is 100 W. Dania Beach Boulevard,Dania Beach, Florida 33004. RECITALS: i Grantor is the owner of certain real property located in Broward County, Florida as more particularly described on Exhibit"A"("Property"). y f Grantor has previously installed potable water, sanitary sewer, and wastewater drainage infrastructure on the Property("Infrastructure"),ownership of which will be transferred to City,in whole or in part. In order for City to construct, install, inspect, maintain, repair, replace, remove, and operate the Infrastructure, City needs to acquire a permanent, non-exclusive utility easement, and rights of ingress, i egress and access under,over,upon,and across the Property. Grantor has full power and authority to enter into this Agreement and to grant an easement to the E City over that real property located in the City,more particularly described on Exhibit°B",attached hereto and incorporated herein("Easement Area'. Grantor is willing to grant to the City an easement under,over, across and through a portion of the Property for the purpose of constructing,installing,inspecting,maintaining,repairing,replacing,removing, and operating the Infrastructure, together with rights of ingress and egress, subject to the terms and conditions of this Agreement. NOW,THEREFORE,in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged by the parties,Grantor and City 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. e 2. Grant of Easement.Grantor hereby grants and conveys to City and its employees,agents, contractors,successors and assigns, a perpetual non-exclusive easement("Easement")over,upon, across, and under the Easement Area for the purpose of constructing,installing,inspecting,maintaining,repairing, replacing,removing, and operating the Infrastructure, as well as for ingress and egress, with full right and 1 i l authority to enter upon and excavate the Easement Area in order to construct, install, inspect, maintain, repair, replace, remove, and operate the Infrastructure as the City may, in its sole discretion, determine. Grantor also grants City a license to temporarily locate its equipment on any portion of the Property 1 mutually agreed upon by Grantor and City adjoining the Easement Area as may be necessary to perform the foregoing. 3. Improvements and Restoration. In the event City exercises its rights as set forth in Section 2 hereof, City shall, subject to the work described in Section 2, restore the Property and any improvements thereon to their prior existing condition at no cost or expense to Grantor unless such restoration is required due to the acts or omissions of Grantor. In exercising its rights hereunder,City shall use reasonable efforts to minimize any impacts to Grantor's ongoing activities on the Property. At no time will the City's activities on the Property interfere with ingress or egress to and from the Property by patrons, employees and invitees. 4. Representations. Grantor represents to the City that (a) Grantor has full power and authority to enter into this Agreement and to grant the Easement to City; and(b) all company approvals, authorizations and consents required for the execution and delivery of this Agreement by the Grantor have been obtained. 5. Covenants Running with the Land. This Agreement and the Easement hereby granted will run with the land and will be binding upon and inure to the benefit of the parties and their respective successors and assigns. 6. Attorneys' Fees. In the event a party institutes any legal action or proceedings for the enforcement of any right or obligation herein contained,the prevailing party will be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding. 7. Amendment or Termination. This Agreement may be amended, modified or terminated only by a written instrument signed by both parties or their respective successors and assigns, which F instrument will only become effective when recorded in the Public Records of Broward County,Florida. ' 8. Governing Laws.The laws of the State of Florida shall govern the interpretation,validity, performance and enforcement of this Easement. Venue for any action brought hereunder shall be brought i. exclusively in Broward County,Florida. 9. Successors and Assigns.This Agreement will be binding upon the successors and assigns of Grantor and the City. 10. Limit of Liability. Grantor acknowledges and agrees that should the City, its officers, 1 employees,or agents be found liable for any damage in connection with the Improvements due to the actions or omissions of the City, its officers, employees, or agents, then such damages shall be subject to the provisions and monetary limitations of Section 768.28(5), Florida Statutes, which limitations shall be applicable regardless of whether such provisions would otherwise apply, and to the extent permitted by law. a t [Remainder of page intentionally left blank] 2 1 R This Agreement is being signed by the parties as of the date set forth on the first page. Witnesses(2 required): GRANTOR: DANIA LIVE 1748,LLC,a Delaware limited Signature: liability co y Print Name: -�( By: Signature: W'a Name: Joseph Denis,Vice President Print Name: ��+� Title: ACKNOWLEDGMENT STATE OF FEOWi* iiur COUNTY OF M14Mi-DADE K-CCktZt)buk The foregoing instrument was acknowledged before me on �'1�y ,2018, by I LLw h D f w C ,as 1i1 LC D i e"It P.44 ,of DANIA LIVE 1748,LLC,a Delaware limited liability company,who is[> p sonally known to me or who has[ ]produced a Florida Driver's license as identification. [SEAL] Notary Publi ,State of F•lefi& Eck C"thA ] � EATH Print Name f Notary 'Pe'% 'Wc109g00033 ` v � Commission No. =� 'NARY �I z- Commission Expires: d i 2 07-0 PUBN .� cs O � //7/ABURGG\�� 3 JOINDER AND CONSENT OF TENANT The undersigned the Tenant under that certain i unrecorded Lease Agreement with DANIA LIVE 1748,LLC,a Delaware limited liability company, dated covering all/or a portion of the Property described in the foregoing Easement Agreement granted to the City of Dania Beach, a Florida municipal corporation, does hereby join in and consent to the terms and conditions of the Easement Agreement,and acknowledges and agrees that the terms and conditions of the Easement Agreement are and shall be binding upon the undersigned and its successors and/or assigns in title. IN WITNESS WHEREOF,these presents have been executed this day of ,2018. Witnesses: TENANT: x i Signature Print Name By: Print Name: Title: Signature Print Name STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by , the of , on behalf of the company. He/She is personally known to me or has produced as identification. Witness my signature and official seal this day of _, 2018 in the County and State aforesaid. t i NOTARY PUBLIC, State of Print Name: Commission No.: Commission Expires: 4 EXHIBIT"A" PROPERTY f g 5 P f I © II TILITY S Y EASEMENT #6 TILITY ,.1...-Q r i EASEMENT #4 0 0 \ �'Q D i 0 9 D' - EXISTING UTILITY ^ nJ m iL i I EASEMENT w =' 0 UTILITY D __ 7 '^/EASEMENT 111 Y EASEMENT #3 r LIFT STATIO EASEMENT UTILITY � EASEMENT #2 r ail � Tr7 �L''Ll TILITY UTILITY 3' =i1 ••�� MENT #1 o ;I }9 EASEMENT /JS ' EASEMENT KEY MAP EXHIBI' Kimley»)Horn M Av n DANIA POINTE-PHASE 1 i r EXHIBIT"B" EASEMENT AREA G 4 k k' E k 4 P: 3 g� g5 i gggg� k S L� G. f 6 E I STONER &ASSOCIATES, INC. 3 SURVEYORS-MAPPERS Tel. (954) 585-0997 4341 S.W. 62nd Avenue Florida Licensed Survey Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 EXHIBIT'A" LEGAL DESCRIPTION OF LIFT STATION EASEMENT CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA LEGAL DESCRIPTION: A LIFT STATION EASEMENT BEING A PORTION OF PARCEL A,DANIA POINTE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA AND BEING MORE PARTICULARLY �E DESCRIBED AS FOLLOWS" COMMENCE AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID PARCEL A; THENCE N.43"02'17"E.A DISTANCE OF 42.84 FEET; THENCE N.01°29'36"W.A DISTANCE OF 172.46 FEET; THENCE N.00`15'05"W.A DISTANCE OF 46.13 FEET; THENCE N.01"29'36"W.A DISTANCE OF 360.33 FEET,LAST MENTIONED 4 COURSES BEING COINCIDENT WITH THE EAST LINE OF SAID PARCEL A; THENCE S.87"27'12"W.A DISTANCE OF 10.27 FEET TO THE POINT OF BEGINNING. s THENCE CONTINUE S.87"27'12'W.A DISTANCE OF 40.00 FEET; THENCE N.02'32'48"W.A DISTANCE OF 60.00 FEET; _ THENCE N.87°27'12"E.A DISTANCE OF 40.00 FEET; i THENCE S.02"3248"E.A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA AND CONTAINING 2,400 SQUARE FEET,MORE OR LESS. NOTES: 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP,RIGHTS-OF-WAY,EASEMENTS OR OTHER MATTERS OF RECORD. 2.THIS SKETCH AND DESCRIPTION IS"NOT VALID"WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA 1 LICENSED SURVEYOR AND MAPPER. 3.THE BEARINGS SHOWN HEREON ARE BASED ON N.87"34'1 VE,ALONG THE SOUTH LINE OF PARCEL A,AS RECORDED ON THE PLAT OF DANIA POINTE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA. a 4.THIS SKETCH DOES NOT REPRESENT AFIELD SURVEY (THIS IS NOT A SURVEY). 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM WITHOUT THE BENEFIT OF A TITLE SEARCH.THE LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER&ASSOCIATES,INC. 6.SEE SHEET 2 OF 2 FOR A GRAPHIC DEPICTION(SKETCH)OF THE PROPERTY DESCRIBED HEREON. r FLEa C:\Umm\domkn\ Vocal\+w*\A"M 48M\14-=Dmb Pats UFT STA70 EAMMra.g CERTIFICATE- THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.I LU FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SEAL 1 SURVEYORS AND MAPPERS IN CHAPTER 5J-17,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.07,FLORIDA STATUTES. SEAL REVISIONSI ppTg I BY DATE: Dec 18, 2017 NOT VALID UNLESS —11 RICHARD G. CRAWFORD Jr. SEALED HERE WITH AN EMBOSSED z O . PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 — STATE OF FLORIDA SURVEYOR'S SEAL THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER& =OD ASSOCIATES,INC.AND SHALL NOT BE REPRODUCED IN WHOLE OR IN PART DATE OF SKETCH: DRAWN BY CHECKED BY FIELD BOOK WITHOUT PERMISSION OF STONER&ASSOCIATES,INC. 2/18/17 DRL RGC N/A SHEET 1 OF 2 Y r- COPYRIGHT 2017 I i r STONER &ASSOCIATES, INC. 4341 S.W. 62nd AVE. SURVEYORS-MAPPERS ( ) Florida Licensed Survey Tel. 954 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 EXHIBIT'A" SKETCH OF DESCRIPTION LIFT STATION EASEMENT CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA I I N.87°27'12"E. 40.00' I I N.02°32'48"W. I I i 60.00'' 1 S.02°32'48"E.I 60.00, LIFT STATION EASEMENT" � 2,400 SQUARE FEET L S.87°27'12"W.J 40.00' P I P.O.B. S.87°27'12"W. I 10.27' I t in I I w of ? 0 I PORTION OF PARCEL A NI O DANIA POINTE z' (P.B.183,PG.91-99,B.C.R,) I Z I Q I ul J a/ Vj N R in I � a w I I w� I ZZ LEGEND: z ' 73 —° P. .. ............. PLAT BOOK w B w PG................PAGE I u m B.C.R... ........... .BROWARD COUNTY RECORDS P.O.0.. ....... .... POINT OF COMMENCEMENT P.O.B.. ........... POINT OF BEGINNING NV R .............. RIGHT-OF-WAY W I . .............. .CENTERLINE c � I I a NOTE: vD o SEE SHEETS 1 OF 2 FOR THE LEGAL cli�I Z DESCRIPTION OF THE PROPERTY SHOWN GRAPHICALLY HEREON, ioJ a ZDI M NI I k O I P.O.C. z I MOST SOUTHERLY I ) S.E.CORNER, S.LINE,PARCELA PARCELA N.43°02'17"E. I -- N.87°34'11�-- -- 42.84' N.RNV LINE --— m SCALE:1"=100' S.LINE,S.E.114 SEC.33-50-42 STIRLING ROAD 0 25 55 100 200 (STATE ROAD 848) GRAPHIC ISKEC N SKETCH N0. SHEET 2 OF 2 14-8058 L.S.E. ( E OPINION OF TITLE i { To: City of Dania Beach With the understanding that this Opinion of Title is furnished to the City of Dania Beach, as inducement for acceptance of a lift station easement covering the real property, hereinafter described, it is hereby certified that the following report reflects a comprehensive search of the Public Records affecting the above described property covering the period from the beginning to the 25th day of April, I : 2018, at the hour of 8:00 a.m. inclusive, of the following described property: s Legal Description Include reference to and copy(ies) of original deeds vesting title to current owner(s) ] See attached Exhibit "A" i I am of the opinion that on the last mentioned dated, the fee simple title to the above-described real property was vested in: Names of all Owner(s) of Record_ is Dania Live 1748, LLC, a Delaware limited liability company i pursuant to Special Warranty Deed recorded in Official Records Book 51181, page 1376 of the Public Records of Broward County, Florida. Subject to the following: Mortgage(s) of Record (if none, state none): NONE ] List of easements and Rights-of-Way lying within the plat boundaries (if none, state none). (Attach copies of all recorded document(s) [excluding recorded plats] —ALL DOCUMENTS RECORDED IN THE OFFICIAL RECORDS OF BROWARD COUNTY, FLORIDA. I i Plat of Dania Point recorded in Plat Book 183, Page 91 of the Public Records of Broward County, Florida. i [SIGNATURE ON FOLLOWING PAGE] k 4 34844362v132947.0013 HEREBY CERTIFY that the foregoing report reflects a comprehensive search of the Public Records of Broward County, Florida, affecting the above described property. I further certify that 1 am an attorney-at-law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this 4th day of May, 2017. GREENSPOON MARDER, P.A. y Mark J. Lynn, Esq., for the firm �Florida Bar No. 0085741 34844362v132947.0013 Exhibit "A" LEGAL DESCRIPTION OF LIFT STATION EASEMENT CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA LEGAL DESCRIPTION: t A LIFT STATION EASEMENT BEING A PORTION OF PARCEL A, DANIA POINTE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I COMMENCE AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID PARCEL A; E THENCE N.43002'17"E.A DISTANCE OF 42.84 FEET; THENCE N.01029'36"W.A DISTANCE OF 172.46 FEET; THENCE N.00015'05"W.A DISTANCE OF 46.13 FEET; THENCE N.01029'36"W. A DISTANCE OF 360.33 FEET, LAST MENTIONED 4 COURSES BEING COINCIDENT WITH THE EAST LINE OF SAID PARCEL A; THENCE 5.87027'12"W. A DISTANCE OF 10.27 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE 5.87027'12"W.A DISTANCE OF 40.00 FEET; THENCE N.02032'48"W.A DISTANCE OF 60.00 FEET; THENCE N.87027'12"E.A DISTANCE OF 40.00 FEET; THENCE 5.02032'48"E. A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA. S 1 34844362vl32947.0013