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
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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
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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
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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.
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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:
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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;
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Form 1190 (01/2007)
Deed of Conservation Easement - Standard
Page 2 of 9
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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. .
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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.
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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.
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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.
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(SIGNATURES APPEAR ON FOLLOWING PAGES)
....-WIIft.
Fonn 1190 (01/2007)
Deed of Conservation Easement - Standard
Page 4 of9
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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.
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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:
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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~
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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
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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
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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
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Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MONROE
)
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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 ~
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Form 1190 (01/2007)
Deed of Conservation Easement- Slandard
Page 9 of9
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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.
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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.
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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
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~ 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
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Exhibit B
Page 4 of 4
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