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Deed Conservation Easement 02/20/2008 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: March 25, 2008 TO: Reggie Paros, Director Housing & Community Development FROM: Stacy DeVane Executive Assistant Pamela G. Han~ Deputy Clerk LY ATTN: At the February 20, 2008, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: First Amendment to Ground Lease Agreement between Monroe County and Sea Grape Apartments, L TO, to extend the deadline to commence construction of project. Enclosed is a certified copy of the First Amendmentfor your handling. Deed of Conservation Easement in favor of the South Florida Water Management District for Sea Grape Apartments, LTD. Enclosed is a duplicate origina/for your handling. At the March 19,2008, meeting the Board granted approval and authorized execution of a Second Amendment to Ground Lease Agreement between Monroe County and Sea Grape Apartments, LTD. Enclosed is a duplicate origina/for your handling. Should you have any questions please do not hesitate to contact our office. cc: County Attorney Finance File/ DEED OF CONSERVATION EASEMENT Return recorded document to: South Florida Water Management District 3301 Gun Club Road, MSC 4210 West Palm Beach, FL 33406 THIS DEED OF CONSERVATION EASEMENT is given this day of , 2008, by F~LCON PASS, LTD., a Florida limited partnership ("Falcon") and SEA GRAPE APARTMENTS, LTD., a Florida limited partnership ("Sea Grape") (collectively referred to as "Grahtor") whose mailing address is 2950 S.W 2ih Avenue, Suite 200, Miami, FL 33133 to the South Florida Water Management District ("Grantee"). As used herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH I WHEREAS, Falcon is the owner of certain lands situated in Monroe County, Florida, and more specifically described in Exhibit "A-1" attached hereto and incorporated herein (the "Falcon Property"); and WHEREAS, Sea Grape is the leasehold owner of certain lands situated in Monroe County, Florida, and more specifically described in Exhibit "A-2" attached hereto and incorporated herein (the "Sea Grape Property"); and WHEREAS, the Grantor desires to construct the Sea Grape Apartments ("Project") at a site in Monroe County, which is subject to the regulatory jurisdiction of South Florida Water Management District ("District"); and i WHEREAS, District Permit No. ("Permit") authorizes certain activities which affect waters in or of the, State of Florida; and t"." WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate wetlands and/or uplands under the District'~ jurisdiction; and Form 1190 (01/2007) Deed 01 Conservation Easement - Standard Page 1019 , I. I i:" I- I ""'-W':'t,M. i" WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the area described on Exhibit "B" ("Conservation Easement"). NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the property described on Exhibit "8" which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. I I l I I The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Puroose. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement: , , a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, or other activities described herein that are permitted or required by the Permit, the following activities are prohibited in or on the Conservation Easement: a. Construction or placing of building~, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; , r'- '. ....J8 -~ --.... Form 1190 (01/2007) Deed of Conservation Easement - Standard Page 2 of 9 I I' b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; f. Activities detrimental to drainage, floOd control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. or water areas; Acts or uses detrimental to such aforementioned retention of land h. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological, or cultural significance. 4. Grantor's Reserved Riahts. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Prtoperty that are not prohibited herein and which are not inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement. 5. No Dedication. No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement. 6. Grantee's Liabilitv. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance ,of the Property. 7. PropertY Taxes. Grantor shall keep the payment of taxes and assessments on the Easement Parcel current and sh~1I not allow any lien on the Easement Parcel superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any otll1er remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Gr~ntee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such payment. In the ejtent the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Easement Parcel which shall automatically relate backl to the recording date of this Easement. Grantee may foreclose this lien on the Ea~ement Parcel in the manner provided for mortgages on real property. . I ~ \l1...~ Form 1190 (01/2007) Deed of Conservation Easement - Standard Page 3 of 9 8. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. g. Assianment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 10. Severabilitv. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement. I I I 12. Written Notice. All notices, consents, apprQvals or other communications hereunder shall be in writing and shall be deemed prqperly given if sent by United States certified mail, retum receipt requested, address~ to the appropriate party or successor-in-interest. 13. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in Monroe County. ! i I i I ~ TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetliJity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property as stated above; that the Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; and all mortgages and liens on the Conservation Easement area, if any, have been subordinated to this Conservation Easement; and that Grantor has good rig~t and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. ; I i. ,. (SIGNATURES APPEAR ON FOLLOWING PAGES) ....-WIIft. Fonn 1190 (01/2007) Deed of Conservation Easement - Standard Page 4 of9 ,. I I' IN WITNESS WHEREOF, FALCON PASS. LTD. has hereunto set its authorized hand this / Z. '-lcIay of ~~--....... ~ , 2008. FALCON PASS, LTD. a Florida limited partnership io lia i1ity company, its sole general By: TCG FALCON PASS, LLC, a partner By: Title: President Signed, sealed and delivered in our presence as witnesses: By: ~. - By:______ (Sign,ture)--:;:>) Mar....(~. ture) Name: ..-::- h4L\c. . I t__ h -4 Name: (Print) (Print) ------------- c3- STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) On this -1k- day of ~ V# , 2008 before me, the undersigned notary public, personally appeared Lloyd. J. Boggio, the person who subscribed to the foregoing instrument, as the President of TCG FALCON PASS, LLC, a Florida limited liability company, the sole general partner of FALCON PASS, LTD., a Florida limited partnership, and acknowledged that he executed the same on behalf of said company and partnership, and that he was duly authorized to do so. He is personally known to me or has produced a Florida driver's' license as identification. I I ! IN WITNESS WHEREOF, I hereunto set my hand and offibial seal. ............................... r,uMARLENE CASAR SANCHEZ i NOTARY PUBLIC, STATE OF FLORI ! ..~..,~ comm#DD0889789! I 11 .11 Exp!",s1OJ1912011 I Df:?1"" RorId. ry " nc ~ ....:..................................... (Print) (Signature) Name: My Commission Expires: I' I .......w.... Form 1190 (01/2007) Deed of Conservation Easement- standard Page 5 of 9 IN WITNESS WHEREOF,. $EA GRAP~ ~PART1NTS, L TO. has hereunto set its authorized hand this /Z;.ttlayof /"T.4.e:-. ,2008. Name: SEA GRAPE APARTMENTS, LTD., a F . By: TCG SEA GRAPE, LLC, By: Title: President Signed, sealed and delivered in our presence as witnesses: By: C~.~~- By: --------- ~ (Signature) - #-\4- M.rl...~ture) Name: c:::.hA-&.~";:' 1'1- Name: (Print) (Print) STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE ) On this -1l:: day of ~ , 2008 before me, the undersigned notary public, personlffly appeared Lloyd J. Boggio, the person who subscribed to the foregoing instrument, as the President 'of TCG SEA GRAPE, LLC, a Florida limited liability company, the sole general! partner of SEA GRAPE APARTMENTS, LTD., a Florida limited partnership, and acknowledged that he executed the same on behalf of said company and partmership, and that he was duly authorized to do so. He is personally known to me or has produced a Florida driver's license as identification. IN WITNESS WHEREOF, I hereunto set my hand and officijil'_ENE"CASA/i'SANCtiEZ....i ! A~.'~ Comm# 000689789 ! NOTARY PUBLIC, STATE OF F llm. Expires 10/19/2011 l i '\1OF~" FI~ Notary Assn., Inc i (Signat Name: (Print) My Commission Expires: -..JI...nf" ..~ Form 1190 (01/2007) Deed 01 Conservation Easement - Slandard Page 6 019 MORTGAGEE JOINDER, CONSENT AND SUBORDINATION For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, WACHOVIA BANK, National Association, the owner and holder of a Mortgage and Security Agreement and Fixture Filing dated June 23, 2005, given by FALCON PASS, LTD., a Florida limited partnership to WACHOVIA BANK, National Association ("Mortgagee"), encumbering the real property described on Exhibit "A-1" attached hereto (the "Falcon Property"), which is recorded in Official Records Book 2134, at Page 1951, as amended by Mortgage Modification recorded in Official Records Book 2233, Page 1123 and by Second Mortgage Modification recorded in Official Records Book 2217, Page 1486, and as further modified by Third Modification , Spreader Agreement and Partial Release of V Mortgage Agreement recorded in Official Records Booki 2323, Page 747; AND the owner and holder of that certain Leasehold Mortgage, Security Agreement and Fixture Filing dated September 26, 2007, given by SEA GRApE APARTMENTS, LTD., a Florida limited partnership to Mortgagee, encumbering th~ real property described on Exhibit "A-2" attached hereto (the "Sea Grape Property")" which is recorded in Official Records Book 2323, at Page 852, all of the Public Recor~s of Monroe County, Florida (said Mortgage and Leasehold Mortgage are here,nafter referred to as the "Mortgages"), hereby joins in, consents to and subordinates the lien of its Mortgages, as they have been, and as they may be, modified, amendetl and assigned from time to time, to the foregoing Conservation Easement, executed by Falcon and Sea Grape, in favor of the South Florida Water Management District a~plicable to the Conservation Easement, as said Conservation Easement may be modified, amended and assigned from time to time, with the intent that the Mortgages shall be subject and subordinate to the Conserv . By: IN WITNESS WHEREOF, his .J""o>~ day of is Mortgagee Joinder, Consent and Subordination is ,2008. ~ ".:.--=-wACHOVIA BANK, National Association (Mortgagee) Name: . R----d.~<,d~ I Title: _\M..~~~ "1). r<c.j-\-oa...... :ON~~ e~ (Signalure) Name: ~UT 5 .I<L, xi5 u U. (Print) BY~~ - (Signature) Name: /():-iSh~~' \10. /1/V6+1 (Print) Form 1190 (0112007) Deed of Conservation Easement - Standard -Arl_~~ Page 7 of 9 , I r.' STATE OF ::JjtDnP- C~~ COUNTY O~ Or \..,,- h..J\.L 1:1 r~~ day of by (print name), ~~ ~~ of WACHOVIA N, National Association (Mortgagee, Grantor of the Conservation Easement), on behalf of the association. jjelShe is personally known )0 me or has produced a (state) driver's license as identification. before me this 2008, IN WITNESS WHEREOF, I hereunto set my hand and official seal. NO~A~~1:'~ (Signature) Name: \Jl"~ of{\,. c::;~~ (Print) My Commission Expires: . OFFIC;!AL SEAL . Notary Public. North Carolina VINCENT M. SEROCK S 0< MecklenbfJrg County My Commission Exp1re~ Jan. 14. 2009 MIl'~""~ Form 1190 (0112007) Deed of Conservation Easement- Standard Page 8 of 9 I I I , , FEE OWNER JOINDER (Sea Grape Property) The undersigned, MONROE COUNTY, a political subdivision of the State of Florida ("Monroe County'), as the Fee Simple Owner of the Sea Grape Property described in the foregoing Deed of Conservation Easement (the "Easement'), does hereby acknowledge that the terms of the Easement are and shall be binding upon the undersigned and its successors in title, as said Conservation Easement may be modified, amended and assigned from time to time, with the intent that Monroe County's interest in the Sea Grape Property shall be subject to the Conservation Easement. ~L IN WITNESS WHEREOF, these presents have been executed this 'lDJ:4.. day of _ ,2008. 3: ~ C) 0 = :z. )::.,. Cl::) WITNESSES: ::0 nO,: ::!l: ar::;~: );.l>> rr,..,,,..-< ;::J;) r):-'''r~ N B C)(j- en ~ ~- Print Name: Print Name: STATE OF FLORIDA COUNTY OF MONROE ) ) ss BEFORE ME, the undersigned authority, this day appeared known by me to be the of Monroe County, a political subdivision of the state of Florida, and she/he acknowledged to and before me that she/he executed the said instrument, acting in herlhis said official capacity, for and as to; the act and deed of said County and in its name, for the uses and purposes therein mentioned: and after being duly authorized and directed. Shelhe is: [ I personally known to me, or [ ] produced as identification. WITNESS my hand and official Seal in the County and State aforesaid, on this, the _ day of , 2008. MONROE COUNTY ATTORNEY APPROV AS TO FORM: . Notary Public State of Florida My Commission Expires: SUS M. GRIMSLE ASSISTA COUNTY ATTORNEY Date 1=<eJ,...LO J .:J.Aro ~ ~,,~ Form 1190 (01/2007) Deed of Conservation Easement- Slandard Page 9 of9 --" ,~- "'1 '-' '~11 ':":l ~, :l> :!: ,1 . . I' I I o <--'.-~ N I (' ! I 1.:- , I I EXHIBIT A.1 Legal Description Falcon Property A parcel of land in Section 11, Township 66 South, Range 32 East, Key Vaca, Monroe County, Florida, more particularly described as follows: Begin at the intersection of the East line of said Section 11 and the Southeasterly Right-of-Way line of U.S. Highway No.1; thence South along the said East line of said Section 11 for 285.00 feet; thence West for 231.55 feet; thence North for 190.74 feet to the said Southeasterly Right- of-Way line of U.S. Highway No.1; thence North 6r51'00" East along the said Southeasterly Right-of-Way line of U.S. Higtllway NO.1 for 250.00 feet to the Point of Beginning. I I EXHIBIT A.2 Legal Description Sea Grape Property A parcel of land in Section 11, Township 66 South, Range 32 East, Key Vaca, Monroe County, Florida, more particularly described as follows: Begin at the intersection of the East line of said Section 11 and the Southeasterly right of way line of U.S. Highway 1; thence South along the said East line of Section 11 for 285.00 feet to the Point of Beginning; thence continue $outh for 574.00 feet; thence West for 91.55 feet; thence North for 24.61 feet; thence West for 140.00 feet; thence North for 549.39 feet; thence East for 231.55 feet to the Point of Beginning. , " ~ . j. Bx'1i~it B Paae I of. 4 ~ AR..E. R.EECE. I'.A. PRDf"E5510NAl..SVR.~ANC MAneR ~ 303"'OUAIlJ:OCl$T'lJAA.,I'GPllfm,flSS04a '" 0I'f1Cl (305)672.1346 , ". 13051672. 5<22 THe ~ or 11'U:i 5KBCt1 [5 TO IlLUSTRATe f11f t.fGAl OfSCRlPTlON, NfM.Y CRfATeD ON THIS OATt eYTlie. UNOeR5IGHfO AND 5t101M11 ao..ow. IT 15 Nor A SURvtY 01" Tl1E lANDS eoN(; ~rar:p I1511M (See. chap. GIGI7..c;,OO' f1ornb,1dm. "'do.ndChap. 472.0271"lot1da~). SEE ~ /"OR AN flJ.USTRATToN Of 1l1E SAID DESaJPTlON. ~ NORTH SCALE "=30 :; c: '" <:: '" LINE TA8LE UNe: u:NGTH eeARLNG II 7..0' 52?-12'2!"W 12 1.'0 SIN4&U<w L3 b.oo e 12'04'08W l04 10.03 S7...4e'02'\V l!I 6.1:4 S'S'23'1Z'W LC: 7.7& .:' 5.......1'42'W l7 G.!>I . !l43'!l4'04'W ~ '.13 &SS.49'25'W '" ;.&2 5Z","17'2,W L.IO G.31 514~5'5!'W LJ I '.2' 5OS-S2'an LI2 G.G-4; 502--49'24"e LIS 7.'" ~IO"S2~ L14 s:n 5r'9"OO'OG"e LIS f 1.47 52r5S'58'f .? II' \-..-:;' f'06 1"~oFtheCa6t: 11M of Scc:. I I .nd the 5.f.'lyP.t:1NLdU.5. HuJI:lway NQ_ f MITIGATION AREA I<?/ '!J M ~ ~ ~ ~ ~ -Il ~~ If, ~~ % U .- ~" ~ ~ ~ MArCtt UNt 51GNW .~ R.OefRT t_ ftW%, P'~M -SC;32 PRD!"f5$IONAL Sl.-;v~ AND M.Y'f'eR, t.e I6a6-4 OArm, O:.J4.oe 1NV01C!~OII"'lOJ . f"ME I Of.3 ~ I I I Exhibit B, Pq e <l MATCH UN! 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C7, -4.'0 545'00'00'< 0 C74 10.44 N~'J2"f Cj C75 .... 55.5'3,.20"1: l7G 7.11 SOO'OCl'OS'f l77 10.Ge 5IS'IS'OI"t C7. 14.04- 503~5'30''l: L7. 3.72 545'00'00'< ~ ':l. ~ Cj .. 5IGNED - C7' RoecKr 1:', mCf. r~ 1SG32 ~1'I:S51ONAl. 51JRVe't'CR ANa MAPPER, t.e 'c;&}4 OATm, 01.14-00 INVOI~ #tJO I 140 I - "AGe 2 or.3 Exhibit B, Pa~e 3 of 4 AR,E, REECE, P,A, PROfeSSIONAL 'URvl:YOR AND MAPPER ~ :;.. 30~4 ClUAIl R.OOSI WJ~ IllG /'INE !(f(, fL 33043 ~ OfI'ICf (305) &72 . 1 SoI6 " fA)( (3051 &72.5022 Th~ PURPOSl Of Thl5 5meH 15 TO ILLUSTRATE THE LEGAL DI5CRlPTION, NEWlY CREATED ON THI5 DATE 6Y THE UNDER,SIGNEO AND 5HOWN 5ELOW. IT 15 NOT A 5UR~ Of THE LAND5 5~ING DESCRIBEP H~N! (See c:lo.p. GIGI7.G.= flon"" Adm. Code.nd Chap. 472.027 .l'Iond. .to_). 5EE BeLOW fOR SAID' DESCRIPTION. A p.rcel of land '" Sa_. II, T""""h'p 'G South, RJ~ 32 Ea5~ Key V.ca, Mooreo Coooty, _, ffi""" partlQjlariy do_boda. folio.,., CommeJ"lc1n09 at the Intenecbon of the east line of Stud 5eaborl I I ,r'Id the Sdotheasterly "'3ht"'Of-way line of U.S. HIC3hway No. I. s.J1~ "OInt be:.l'1C3 the POInt d 6&aU11'l1l'~: the_ 5G7'SI 'Paw alon<; ..id "ght-of-woy hno of U.5. Highway No. I lor I ~2.1 I loot; tho_ 527"1 2'2S'\II lor 7.09 loot; tho_ 5 18'4a'S8"1'1 for 7.60 foot! thoojc;e 5 12'04'08'W for 0.00 foot; "'o""e 574'40'P2'\11for 10.03 foot; tho."", SGS'23'12'WforO.G4 feet; ~S54'47'4Z'\IIfor7.7" fOOl; tho_ 543'S4'04'W for 6.01 feet; the""o 53S'45'2S'\IIlor G. 13 feet: lh<<ico 524'17'25'Wfor G.82 foel:; thence 5 14'3S'S3'\11 lor b.5' f~ tho_ 5OS'S2'37'W for G.29 foot; "''*" 502'45'24"1: lor G.b-'! foot! tho_ 510'32'P5'E for 7.41 foot! th.."" 519'OO'OG'E for 5.77 foet; th~ 527'SS'5a-e for 11.47 fOOl; thOIIco 555'50'25'E for 11.01 foot; thoo"" 543'4-'!'DS'E lor I 1.04lut! ~ 551'34'4G'E lor 5.25 lut! tho""" 555'20'07'E for 0.74 foot; tho""", SGQ37'37'E for 5.49 feet: theI1<io 570'31 '50'f for 5.52 foot; thonoo 569'50'5O'E lor 10.09 feet; tho... 522'14'4O'E for 8.02 loel:; ~ 531'1 O'lG'f for 5.59 foot! tho""", SI8'02'2S'\II lor 9.96 toot; thence 506'Z4'30'W for 0.79 foot; thorjoo SOG' I 0'35"1: for 0.95 fOOl; tho""" 510'15'46"E lor 9.040 I....! thoo"" 530' 13'OZ-E for IS.14 foot; "'0""" 503'14' II 'f for 12.45 feet; thoOO< 513'45'50'E fo, 9.1 9 foot: tho""o 526'4Z'04'E for 9.S7 foot, th~ 540'31'0 I'E for 9.0 I feot; tho.oo 550'40'22'E for 6.07 foot! thoooo 51 0'05'OCJW for 8.30 loot; th~ 50 1'35'20'1: for 0.54/ut; "'0000 511'1 10'1 O'E for 11.411 loot; thoroo 517'31'OO'E for 'G.65 I~ th~n"" 525'12'06'E for 28.13 feot! thoooo 525'1 I ~4'E for 19.65 foot; thonco 5OO'OOOO'W for 21.91 feet; tlj.."" 552'34'35"0\' for I I .10 foot; thooo< N09'59'34"o\' for 13,2G f....! thOlloo 570'42'25"1'1 for 5.02 foot! thf...,. 539'02'25'\11 lor 3.77 fOOl; thO.OO 51 0'59'14"0\' fo, 11.3 I feet; th..... S2G'12'ZS"E for 17.46 foot; tl\oooo 505'15'50'E for O.eo leel;; thence 505'30' 17"\'1 for 7.25 f~ tho""o S02'Z4'57'E for 13.05 foot; thdnoo S0b"47'27"1'1for 5.36 foot! 1:110000 527'0606'E for 10.73 loet; thoroo 55S' I 4'5 I 'E for II .07 loot; ~oo 503''s0'57'e lor 15.07 loot! thon"" 503' 1 4'32'W for 5.03 loot; thoroo 517'26'OO'E for 9.0Z 1Ut; t...... 545'00'45'f lor 7.07 feet; thon"" 5G5'5G'OI"E fo, 7.57 foot: thelleO 511'09'20'E for 3.37/ut; thOll<to 550'1 0'1 ,ow lor 5,05 /ut, the..., N6S'S4'I4Wfor 5.31 I~ thOIleO 570'06'54'\11 for 6.21 feet; thorIoo 51 '" I b'20'Wfor 4.25 foot; tho...,. SOO'07'12'\IIfor 15.BO fo..: 1:110..., 51 B'IO'S2"E for 8.55 fut! 1:I1<inc:o 505"35'37'E for 4.05 f"': thon"" 535'52'05'E lor 10.54 foot; thor1oo 510'S0'241: for 5.41 foot; thoilco 509'0 1'30"E for G.38 foot; tho."" 51 1'5S'55"E lor G.66 feet; theoo< 50 1'2a'4b'E for 0.17 foel:; t....<io 524'40'55'E lor 10.80 foot; tho.co 545'OO'OP'E lor 4.30 feet; thooo< N09'05'1 2'f for 10.44 foot! t~ 555'35'2O"e for 6.05 feet; thooo< SOO'00'03'E lor 7.11 loot; th"""" 513'13'01 'E for 10.68 foot; the~ 503'05'30'E for 14.04 feet; thence 54S'OO'OO'E fo' 5.72 fo.t; _ NOO'OO'OO'l: along said foot "no J,f 5cct1on I I for G5 I ~90 'eel; back to the famt of e~lnnll'le. Conbllrnne <<.01% 5,\. ft. (1.01 oICf'e'J) 51GNEO ~O!lfR.T E. 1\aCE, P5M #5G32 ~~f55[ONAL 5URVeYOR AND MAP~ L6 #G084 OATEP, 0 1.14-98 l~oIce-#OG I 140 I . PAGE 5 OF 3 r Exhibit B Page 4 of 4 I I I ---.--....,.-... .0,," "'''~ IiI iO! . I ~ 3V '3Y ....~~~ l 93V l3V .. !l ~ i I I I ! 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