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1997-25 Annexation Agmt 1,538 Acres (Reso 1997-25A & 25B) RESOLUTION NO. 97-25 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF PARKLAND, WCI COMMUNITIES LIMITED PARTNERSHIP, AND THE NORTH SPRINGS IMPROVEMENT DISTRICT, RELATING TO REANNEXATION OF PROPERTIES, THE ALIGNMENT OF HOLMBERG ROAD, AND LAND USE AND ZONING ISSUES RELATED TO REANNEXED PROPERTY; CONTAINING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Parkland, WCI Communities Limited Partnership, and the North Springs Improvement District, desire to enter into the attached agreement~ and WHEREAS, the attached agreement provides for the reannexation of approximately 1,538 acres of unincorporated property into the City ofParkland~ and WHEREAS, the agreement also provides for the realignment of Holmberg Road to assure specific alignment as set forth therein, or, in the alternative, the termination of Holmberg Road prior to the C-20 Canal~ and WHEREAS, the realignment of Holmberg Road and\or the termination thereof, is an essential element of this agreement and is provided for in the agreement~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. The City of Parkland City Commission does hereby approve the attached agreement between WCI Communities Limited Partnership and the North Springs Improvement District, and authorizes the Mayor to execute said agreement, provided said agreement is first executed by both WCI Communities Limited Partnership -, - tr' . 1I1i'I.l\orth Springs Improvement District prior to September 4, 1997. -- Section 2~ Resolution shall become effective upon adoption. PASSEDANDAD..DTHIS 3RD DAV> SEPTEMBER ,1997. .... OF PARkLAND, FLORIDA ~~ RESOLUTION NO. 97-25 PAGE 2 ATTEST: ~_~ O~~- SUSAN ARMSTRONG, C.M. . \ CITY CLERK TASK 1. Task: NSID to convey surplus right-of-way (northern portion of right-of-way between C-20 Canal and Pine Island Road) to WCI Communities. 2. Task: NSID to convey surplus right-of-way (right- of-way between Nob Hill Road and C-20 Canal aka the Hiatus) to WCI Communities. 3. Task: NSID to convey necessary right-of-way (southern portion of right-of-way between C-20 Canal and Pine Island Road) to the City of Parkland. 4. Task: WCI to record Declaration of Restrictive Covenants regarding Holmberg Road. 5. Task: WCI to record Declaration of Restrictive Covenants regarding the CRC Two and Heron Bay Plaza Plats and the Hiatus. 6. Task: WCI to convey Holmberg Road extension to the NSID. 7. Task: WCI to submit Holmberg Road Design plans to the City of Parkland and City of Coral Springs 8. Task: WCI to install barriers within the Hiatus TIMELINE OF ANNEXA nON TASKS REFERENCE Section 3 (A) of Annexation Agreement Section 3(8) of Annexation Agreement Section 3(C) of Annexation Agreement Section 4(8) of the Annexation Agreement Section 4(C) of the Annexation Agreement Section 4(0) of the Annexation Agreement Section 4(F) of the Annexation Agreement Section 4(H) of the Annexation Agreement / I DATE EXECUTED OR INIATED November 3. 1997 (Executed) November 3,1997 (Executed) November 3, 1997 (Executed) December 19, 1997 (Executed) December 19,1997 (Executed) November 3,1997 (Executed) October 8,1997 (Executed) October 1, 1998 (Executed) tj/,! () ji DATE RECORDED December 24, 1997 ORB 27455 Pg. 771 December 24,1997 ORB 27455 Pg. 771 December 24, 1997 ORB 27455 Pg. 767 January 21, 1998 ORB 27581 Pg. 569 January 20, 1998 ORB 27575 Pg. 118 December 24,1997 ORB 27455 Pg.771 - Release of Mortgage and ORB 27455 Pg. 762 - Warranty Deed N/A N/A TASK 9. Task: City of Parkland to initiate rezoning application of annexation area west of Nob Hill Road (1128.023 acres - Annexation Parcel 2). 10. Task: City of Parkland to process Comprehensive Plan Amendments to accommodate Holmberg Road extension. 11. Task: WCI to complete the Holmberg Road extension. 12. Task: WCI to install landscaping within the Hiatw. TIMELINE OF ANNEXATION TASKS REFERENCE Section 7(e) of the Annexation Agreement Section 5(8) of the Annexation Agreement Section 4(G) of the Annexation Agreement Section 4(H) of the Annexation Agreement DATE EXECUTED OR INITIATED October 8, 1997 (Initiated) January 21, 1998 (Executed- Ordinance 98-01) TBA Mwt be initiated by March 3, 1999 Estimated initiation date June 1998. Mwt be completed by March 3, 2000 or 12 months after the conveyance of CRC Two or Heron Bay Plaza. TBA Mwt be completed by November 3, 1999 or prior to issuance of the first Certificate of Occupancy within Heron Bay Plaza or CRC Two. DATE RECORDED N/A N/A N/A N/A \ -- CITY OF PARKLAND MEMORANDUM (JI( 1t5 AI~rld) e' /9' t/l/9Y TO: Susan Armstrong Andrew S. Maurodis, City Attorney ~ --r"T l' 7-~?; FROM: DATE: February 25,1998 SUBJECT: Follow Up To Agreement With WCI On Annexations I note that you have received the recorded exhibits J and K to the annexation agreement. I think at this time it important that, together with Brad and Charlie, you review your files to make sure that we have all agreements entered into recorded, (including the restrictive covenants), that we make one final check to make sure that the legal descriptions are correct, and we make sure that we have the recording information on each document to assure that we have recorded documents which completely fulfill the requirements of the agreements. I know this is laborious, but once the file gets put away we will never review it again, so I would strongly recommend one final review with all the documents in front of you, Brad and Charlie to make sure that the file is complete and that everything has been recorded as required in the agreement. Please contact me if there are any problems. ASM:jms cc: Harry Mertz, City Manager Brad Townsend Charlie DaBrusco Tara-Lynn Brown P.S. This should also include the consent from the mortgage holder, First Bank of Boston. By copy of this letter to Tara-Lynn Brown, I am asking her to coordinate with you should there be any questions. I am also asking her to do a timetable indicating the date that each document was recorded so that we can have a file showing the chronology of both the execution and the recordation of each document (again including any consents that were required). ,., /' TASK J1. Task: NSID to convey surplus right-of-way (northern portion of right-of-way between C-20 Canal and Pine Island Road) to WCI Communities. j 2. Task: NSID to convey surplus right-of-way (right- of-way between Nob Hill Road and C-20 Canal aka the Hiatus) to WCI Communities. J3. Task: NSID to convey necessary right-of-way (southern portion of right-of-way between C-20 Canal and Pine Island Road) to the City of Parkland. 4. Task: WCI to record Declaration of Restrictive Covenants regarding Holmberg Road. A. Task: WCI to record Declaration of Restrictive Covenants regarding the CRC Two and Heron Bay Plaza Plats and the Hiatus. , J 6. Task: WCI to convey Holmberg Road extension to the NSID. )7. Task: WCI to submit Holmberg Road Design plans to the City of Parkland and City of Coral Springs j 8. Task: WCI to install barriers within the Hiatus TlMELINE OF ANNEXATION TASKS REFERENCE Section 3(A) of Annexation Agreement Section 3(B) of Annexation Agreement Section 3(C) of Annexation Agreement ; of the A!nnexation \ of the A \ nexation Section 4(F) Agreement \. \ of t:~\~'~xat. n ". " Section 4(H) of the Annexation Agreement DATE EXECUTED OR INIA TED DATE RECORDED November 3,1997 (Executed) December 24, 1997 ORB 27455 Pg. 771 November 3, 1997 (Executed) December 24, 1997 ORB 27455 Pg. 771 November 3,1997 (Executed) , December 24,1997 ORB 27455 Pg. 767 ]m'\)997 (E=t;3J De m~9, 1997 (Executed) January 21, 1998 ORB 27581 Pg. 569 January 20,1998 ORB 27575 Pg. 118 77/ Decemberl4, 19~ ( ORB 27455 piz!zI- Release of Mortgage and ORB 27455 Pg. 762 - Warranty Deed t N/A \ I I November 3, 1997 ; (Executed) October 8, 1997 (Executed) October 1, 1998 (Executed) N/A :II "- :II f'\'~ .J \ " . tJ ~-h. II , l: 1. ~ . /} J~./f} I.. , .. . TASK Task: City of Parkland to initiate rezoning application of annexation area west of Nob Hill Road (1 U8.023 acres - Annexation Parcel 2). 10. Task; City of Parkland to process Comprehensive Plan Amendments to accommodate Holmberg Road . extensIon. I'lr J /. 1 t . Task: WCI to complete the Holmberg Road extension. /.:. ....//) 12. Task: WCI to install landsc.aping within the Hiatus. TlMELINE OF ANNExAnON TASKS REFERENCE Section 7(C) of the Annexation Agreement Section 5(B) of the Annexation Agreement Section 4(G} of the Annexation Agreement Section 4(H) of the Annexation Agreement DATE EXECUTEQ DA ORINmATEQ O~ber 8, 1997 (Initiated) .' //J~uary 21, 1998 (Rxecute~ I;) ( O~O '7R-o I rJ- 977 "".', ..-....-..---nA ----...~...-- Must be initiated by March 3. 1999 Estimated initiation date June 1998. Must be completed by March 3, 2000 or 12 months after the conveyance of CRC Two or Heron Bay Plaza. TBA Must be completed by November 3. 1999 or prior to issuance of the first Certifrcate of Occupancy within Heron Bay Plaza or eRe Two. l.~~ ~ECO!l.Dm N/A N/A N/A N/A AGREEMENT 97-493287 T#001 09-18-97 09:37AM THIS AGREEMENT is entered into by and between the CITY OF PARKLAND, a municipal corporation, its successors and assigns (CITY), WCI COl\1MUNITIES LIMITED PARTNERSHIP, a Delaware Limited Partnership, its successors and assigns (WCI), and NORTH SPRINGS IMPROVEMENT DISTRICT, a local unit of special government and public corporation of the State of Florida, its successors and assigns (NSID), as follows: WHEREAS, the parties wish to address and resolve the present and prospective alignment and construction of Holmberg Road within the present boundaries of the CITY, within the boundaries of the City of Coral Springs, and within the boundaries of the CITY as may be increased by annexation; and WHEREAS, the parties also wish to address and resolve the annexation of certain WCI property into the municipal boundaries of the CITY; and WHEREAS, since the execution of the Deannexation Agreement, the CITY has demonstrated the ability to provide high quality services to its residents, honest and efficient administration of all necessary municipal authority, and wise management of the governing powers - , ~ N ...., Q as provided by Chapter 166, Florida Statutes, and Chapter 163, Florida Statutes; and WHEREAS, the parties acknowledge that, pursuant to Oi~ce No. 95-1, the CITY and FLORIDA NATIONAL PROPERTIES, the predecessor in interest of WCI, provided for the N .." en c: l annexation of that property descnDed on Exhibit A (Annexation Parcel No.1) upon the recording of - - ...... '.. . the first plat within that property; and .. .. , " " -1- DEFERRED ITEM (I) ~_~t~!:~_~O~~~:~l~~c; ~ WHEREAS, the CITY and WCI are also desirous of annexing that property described on Exhibit B (Annexation Parcel No.2) into the corporate boundaries of the CITY and accelerating the effective date of Ordinance No. 95-1 upon resolution of the issues relative to Holmberg Road as set forth herein; and WHEREAS, the parties have studied the issue of the possible tennmus of Holmberg Road within the present corporate limits of the CITY and alternative alignments for the continuation of Holmberg Road through the present corporate limits; and WHEREAS, the resolution of the Holmberg Road alignment and related issues as set forth below is essential to the consummation of the annexations provided for herein; and WHEREAS, the CITY is concerned that any improvements to or extension of Holmberg Road west of its present tenninus should only be undertaken with extreme care and consideration of the goal of the CITY, WCI and NSID to maintain Holmberg Road as a two lane thoroughfare (as set forth herein) and to limit the extent of vehicular through traffic on Holmberg Road; and WHEREAS, pursuant to an Agreement and Stipulated Final Order in DNRP File No.: 01098, the parties agreed that Holmberg Road, between Riverside Drive and University Drive, should WHEREAS, the parties hereto wish to ensure that Holmberg Road shall be a two lane road CD " N -oJ Cl - remain a two lane road; and for its entire length, and N -c en [- WHEREAS, the parties also understand that the CITY is desirous of not exacerbating any traffic conditions on Holmberg Road by virtue of any actions taken with regard to extension or '~ improvement of Holmberg Road and limiting vehicular through traffic on said road; and -2- WHEREAS, the parties share in the above referenced goals, believe said goals are appropriate from a public policy and traffic engineering standpoint, and are voluntarily entering into this Agreement to support and achieve these goals and objectives~ and WHEREAS, the parties are, through this Agreement, seeking to implement these goals and objectives and to provide access to Annexation Parcel 1 and Annexation Parcel 2, through a Holmberg Road extension~and WHEREAS, the property between Pine Island Road and the C-20 Canal, described on Exhibit C (NSID Surplus Right-Of-Way) is a dedicated right-of-way under the ownership and jurisdiction ofNSID and is not needed for the alignment and construction of Holmberg Road; and WHEREAS, the property between Pine Island Road and the C-20 Canal described on Exhibit D is under ownership and jurisdiction ofNSID and is needed for right-of-way purposes pursuant to the alignment which this Agreement seeks to implement and shall be referred to as NSID Necessary Right-of-Way~ and . WHEREAS, the right-of-way depicted on Exhibit E is a dedicated right-of-way presently under the ownership and jurisdiction as right-of-way dedicated to the CITY (CITY Right-Of-Way)~ anl . . aI ;II"IIl .... ,.... WHEREAS, the future alignment ofHohnberg Road as contemplated by this Agreement and .....J C Conceptual Plan prepared by GEE &. JENSON, ENGINEERS-ARClDTECTS-PLANNERS, INC., N \J (;'J c: which is necessary to achieve the above stated goals is depicted on the Holmberg Road Realignment .... ., ..,. Job Numb~r 97-050.00, dated August 6, 1997, incorporated herein by reference as Exhibit F~ and 0 -3- WHEREAS, the property which would provide for an extension of Holmberg Road west of the C-20 Canal is described on Exhibit G (Surplus Western Right-Of-Way) and is presently under the ownership ofNSID and is no longer needed for such an extension; and WHEREAS, within the Surplus Western Right-Of-Way, the parties wish to delineate and forever create an area where there shall be no vehicular through traffic by the creation of a Hiatus as described on Exhibit H (referred to herein as the Hiatus), and the Hiatus shall be a minimum of250 feet long (measured east to west) and 120 feet wide (measured north to south) and may be expanded further west by WCI so that it exceeds 250 feet in length; and WHEREAS, the parties, by this Agreement, are seeking to ensure and do hereby pledge their efforts to ensure that the alignment of Holmberg Road as depicted on Exhibit F and the creation and maintenance of the Hiatus is realized and maintained in perpetuity to the full extent of the legal authority of the parties to do so and to carry out the covenants and spirit and intent of this Agreemen~; and WHEREAS, the non-access areas specifically depicted on Exhibit I are an essential element of the alignment set forth on Exhibit F and the parties purposes herein, these non-access areas create a HIatus between Holmbe~g Road (which will end at the C-20 Canal, per the alignment'set forth on Ci Exhibit F) and Coral Ridge Drive, so as to ensure that there will be no vehicular through traffic or " c: right-of-way connecting Holmberg Road (which will end at the C-20 Canal, per the alignment set W~S, the areas marked for landscaping on Exhibit I shall be perpetually maintained N \: c;, C 0: N ~ forth on Exhibit F) and Coral Ridge Drive through a direct road connection; and by the owner of the property upon which it is located as uninterrupted landscaped areas with plants, shrubs, trees and curbing in the area indicated on ExhIbit I for a continuous width of 25 feet to further -4- ensure the creation of the Hiatus and the accomplislunent of the goal of preventing vehicular through traffic; and WHEREAS, implementation of the alignment set forth on Exhibit F has been studied by the CITY'S consulting Traffic Engineer and found to be beneficial to the level of service on Holmberg Road; and WHEREAS, the parties do hereby agree, based upon adequate and sufficient consideration, the receipt and adequacy of which is hereby acknowledged, as follows: Sedion 1. The above referenced WHEREAS clauses are true and correct, are relied upon by the parties in entering into this Agreement, and are made a binding and integral part of this Agreement as if fully set forth herein. Sedion 2. The parties to this Agreement do hereby commit themselves to take all actions and measures to achieve the alignment for Holmberg Road as depicted on Exhibit F. The parties further commit to take all actions and measures to ensure that Holmberg Road (as depicted on Exhibit F and with the Hiatus and non-access areas depicted on Exhibits H & I) from Pine Island Road to Coral Ridge Drive (Nob Hill Road) shall be constructed and maintained as a two lane thoroughfare (as depicted on Exhibit F) subject to necessary turn lanes and intersection transitions. S~tion 3. In order to achieve and implement the spirit and intent of the covenants c- contained aboVe, NSID shall: - . . - (A) Wrthin sixty (60) days of the effective date of this Agreement, convey to WCI title to the NSID Surplus Right-Of-Way by quit-claim deed. (B) Within sixty (60) days of the effective date of this Agreement convey to WCI title to the Surplus Western Right-Of-Way (as described on Exhibit G) by quit-claim deed. -5- (C) Within sixty (60) days of completion of construction of the road within the right-of- way, convey to the CITY title to the NSID Necessary Right-of-Way (as described on Exhibit D), by quit-claim deed. . (0) Cooperate with WCI and the CITY in ensuring that Holmberg Road remains a two lane road from Pine Island Road to its ultimate western terminus, as set forth herein; to ensure the creation of the Hiatus and non-access areas of Exhibits H and I, respectively; to cooperate with WCI and the CITY to ensure that the alignment of Holmberg Road as depicted on Exhibit F is accepted by all agencies with jurisdiction, and to cooperate to implement that alignment; and to participate in 'all necessary applications and proceedings to ensure the accomplishment of these goals. (E) To the extent permitted by law, limit any construction or other activities, either directly or by agencies, entities or persons under its direction, control or regulatory authority which would frustrate, delay, hinder, or otherwise cause the alignment depicted on Exhibit F not to occur, . or to fiustrate, hinder, or interfere with the creati.on, implementation, maintenance or enforcement of the non-access areas as depicted on Exhibit I, or to frustrate, hinder, or otherwise interfere with the creation, implementation, maintenance or enforcement of the Hiatus depicted on Exhibit H, or ~ N -' Q otherwise fiustrate, hinder or interfere With the accomplishment of the goals set torth in this (F) . Accept deeds for the right-of-way described in Exhibit L which limit the use of the N ." G') <:) C8 N \0 Agreement. property to roadway and related purposes (including, but not limited to, utilities) only. (G) Cooperate with WCI and the CITY so that WCI shall be able to meet its construction obligations as set forth in Sections 4 and 6 of the Agreement and permit construction (in accordance -6- with all applicable construction and design standards) of the alignment set forth on Exhibit F on property owned by, dedicated to or controlled or regulated by NSID. Section 4. In order to achieve and implement the spirit and intent of the covenants contained above, WCI shall: (A) Cooperate with NSID and the CITY in ensuring that Holmberg Road remains a two lane road from Pine Island Road to its ultimate western terminus (as depicted on Exhibit F); to cooperate with NSID and the CITY to ensure that the alignment of Holmberg Road, as depicted on Exhibit F, and the non-access areas of Exhibit I are accepted by all agencies with jurisdiction; and to cooperate to implement that alignment with other governmental agencies or districts and participate in all necessary applications and proceedings to ensure the accomplishment of these goals especially, but not limited to, creation, implementation, maintenance and enforcement of the Hiatus (and non- access areas on Exhibit I) as an area where no vehicular through traffic is permitted. (B) Immediately upon receipt of the NSID Surplus Right-of-Way, record a Declaration of Restrictive Covenants limiting the use of the NSID Surplus Right-Of-Way to landscaped common area for any property directly to the north thereot: and in no event permitting said property to be used oa ~ N """'" o as i road or vehicular thoroughfare prohibiting the use of the property for right-of-way' or roadway - or ingress and egress of any kind. The Declaration of Restrictive Covenants shall indicate it is N -0 en o Q) w o implementing this Agreement and that it shall run with and bind the land and shall inure to the benefit ot: and be enforceable by, the owners of any property immediately to the north of the NSID Surplus Right-of-Way and shall also separately be enforceable by the CITY (which the parties agree is benefitted thereby and is entering into this Agreement based in part on this covenant, which is a material inducement to the CITY). The Declaration of Restrictive Covenants shall be in substantially -7- the fonn as set forth on Exhibit J and shall be recorded in the public records ofBroward County. The recordation of the Declaration of Restrictive Covenants shall be deemed to be supplemental to this Agreement and shall not diminish or modify the provisions of this Section or this Agreement which shall, upon the recordation of this Agreement, bind WCI and the Surplus Right-of-Way, as set forth in this Section and this Agreement. (C) Immediately upon receipt of the Surplus Western Right-of-Way, record a Declaration of Restrictive Covenants prohibiting the use of the Hiatus portion of said property for vehicular through traffic of any kind and stating that the restrictions contained therein are for the benefit of the CITY and shall be enforceable by the CITY (which the parties agree is benefitted thereby and is entering into this Agreement based in part on this covenant, which is a material inducement to the CITY) and shall refer to this Agreement which shall be incorporated as part of the restriction. The Declaration of Restrictive Covenants shall be in substantially the fonn as set forth on Exhibit K and shall run with the land and bind all present and future owners of the property contained in Parcels M and N and be recorded in the public records ofBroward County. This Declaration of Restrictive Covenants shall incorporate this Agreement as binding on the property so as to ensure the conStruction of the alignment set forth on Exhibit F and to ensure that no portion of the property shall ~ _. .... be used to frustrate the intent to prevent through vehicular traffic between the Coral Ridge Drive and -..l Q contemplated herein. Further, the landscaping provisions of Exhibit I shall be referred to and N '"'0 en o CD CA) Holmberg Road and the creation and maintenance of the Hiatus and non-access areas, as incorporat~ in the restriction and bind the owners of all property within Exhibits M and N. The - restriction shall also contain the obligation to permit and cooperate in the construction of the alignment of Holmberg Road, as set forth on Exhibit F. The recordation of the Declaration of -8- Restrictive Covenants shall be deemed to be supplemental to this Agreement and shall not diminish or modify the provisions of this Section or this Agreement which shall, upon the recordation of this Agreement, bind WCI and the Surplus Western Right-of-Way, as set forth in this Section and this Agreement. (D) Within sixty (60) days of the effective date of this Agreement, convey to NSID by statutory warranty deed, free and clear marketable title to all property, whether or not already specifically provided for conveyance here~ which is necessary to completely construct the alignment described on Exhibit F. This property is described on Exhibit L. Said conveyance (as well as all conveyances for the roadway depicted on Exhibit F) shall ensure that the alignment depicted on Exhibit F shall be fully realized in spirit and intent and in accordance with the express delineation and references on Exhibit F. All conveyances necessary for the alignment set forth in Exhibit F shall specifically restrict the use of the property for right-of-way related (including utilities) purposes only and state that the restriction shall run to the benefit of, and shall be enforceable by, the CITY and indicate that said conveyances are made pW'SlWlt to this Agreement and governed by this Agreement. Should any property necessary for the construction of the alignment set forth on Exhibit F not be CD ..c '" ..... c included in Exhibit L, that property shall also be conveyed as set forth above. - (E) To the extent permitted by law, limit any construction activities, either directly or by '" '"l) Ci) o Q) ~ N agencies under its direction or control which would frustrate, delay, hinder, or otherwise cause the alignment depicted on Exhibit F not to occur, or to frustrate, hinder, or interfere with the non-access areas, as depicted on Exhibit I, and the creation of the Hiatus between Holmberg Road (where it is to terminate at the C-20 Canal pursuant to Exhibit F) and Coral Ridge Drive (also referred to as Nob -9- Hill Road) or to frustrate, hinder, or otherwise interfere with the accomplishment of the goals set forth in this Agreement. (F) Within sixty (60)days of the effective date of this Agreement, design or cause the design of Holmberg Road as a two lane roadway (with necessary turn lanes, drainage and intersection improvements) as depicted on Exhibit F and submit three (3) copies of same to the CITY. (G) Within thirty (30) months of the effective date of this Agreement or twelve (12) months of the conveyance of any parcel of property within Exhibits M or N, whichever occurs earlier, substantially complete construction or cause the substantial completion of construction of that portion of Holmberg Road as a two lane roadway (with necessary turn lanes, drainage and intersection improvements), as specifically depicted on Exhibit F. All constniction contracts shall require a one year warranty; said warranty shall be transferred to the CITY for segments of the road within the CITY. (H) Prior to issuance of any Certificate of Occupancy on any property described on Exhibits M or N, place and maintain (in perpetuity) the landscaping provided for along and across the private access drives to implement the non-access areas of Exhibit I and in the locations set forth on said Exhibit I. The landscaping shall consist of plants, trees, shrubs, irrigation and curbing. CD ~ N ..... o However, within thirty (30) days of the effective date of this Agreement and until the landscaping N -0 G") o Q) Cl.) "" described above is placed as required, WCI shall place and maintain solid barriers to effectively prevent any vehicular through traffic in the areas where the landscaping described above is to be placed. The barriers shall be designed and placed so as to have the same effectiveness in prohibiting vehicular through traffic as the landscaping. However, in the event no building permit for either Parcel M or N is applied for within two (2) years of the effective date of this Agreement, the -10- landscaping required in Exhibit I shall be promptly constructed and installed in its entirety within sixty (60) days of the end of the two (2) year period and continuously maintained thereafter. (I) NSID and WCI agree that they shall take no action to extend Holmberg Road across the eastern boundary of the C-20 Canal except as part of the construction of the alignment as set forth on Exhibit F; (1) WCI shall be liable for all applications and costs associated with or incurred in the construction of Holmberg Road as set forth herein and depicted on Exhibit F (along with all necessary turn lanes, drainage and intersection improvements) and shall comply with all CITY construction standards and requirements (as applicable within the CITY), and those of all other bodies with jurisdiction; (1<) Concurrent with execution of this Agreement, submit, and thereafter diligently process a completed petition to annex into the CITY Annexation Parcel 2, so that said annexation shall be completed and effective upon approval by the City Commission of the rezoning and plat for Parkland Isles. Further, WCI shall petition and diligently pursue an amendment to Ordinance No. 95-1 to cause Annexation Parcell to be annexed into the CITY effective September 3, 1997. WCI and co " N -.I o CITY do hereby declare the Deannexation Agreement to be null and void and of no forc~ and effect. Section 5. In order to achieve the spirit and intent of the covenant contained above the N -0 G') o CO ."" ~ CITY shall: (A) To the extent of its authority, cooperate with NSID and WCI to implement the alignment for Holmberg Road as depicted on Exhibit F (together with all necessary turn lanes, drainage and intersection improvements) with the understanding by all parties that all costs associated with the design and construction (and obligations related thereto) of Holmberg Road as depicted on -11- Exhibit F (together with all necessary turn lanes, drainage and intersection improvements) shall be the joint and several responsibility ofNSID and WCI. The CITY shall in no way be liable for any such costs; (B) Process any appropriate amendments to its comprehensive plan to implement a revised alignment reflecting Exhibit F within eighteen (18) months of this Agreement; (C) Promptly process the annexation requests for Annexation Parcels 1 and 2 upon request by WCI as required herein; (0) Accept ownership of road rights-of-way and road improvements thereon built within the CITY upon a determination that the road improvements meet all applicable construction standards. The CITY shall be responsible for maintenance of the road improvements upon acceptance. WCI and NSID shall convey all remaining warranties and guarantees to the CITY upon acceptance. Section 6. The fonowing requirements shall be imposed upon NSID (except with respect to sub-paragraph [B]) or WCI (whichever undertakes construction of the road) or their agents with (A) For construction on CITY right-of-way, the CITY shall be an additional insured on a:I ~ r\: - c: respect to any road construction activities set forth above and shall be continuing obligations: a liability policy in the amount of 5500,000.00 per person and 5500,000.00 per incident for all N -.: G': c: 0: .c.- (J construction activities, as well as on a builder's risk policy in an amount acceptable to the CITY. Copies of all policies shall be forwarded to the CITY and shall state that the CITY shall receive thirty (30) day's notice of any cancellation or alteration thereof. The policies shall remain in full force during all construction activities and shall cover all claims emanating from such activities; -12- (B) WCI does hereby agree to defend, indemnify, and hold the CITY harmless from any and all causes of action, liability, penalties, or judgments of any kind whatsoever resulting in any way from any and all design, construction and permitting activities (this indemnity shall survive the termination of this Agreement); (C) All construction activities referred to herein shall include any necessary modifications to the intersections at Holmberg Road and Pine Island Road and any necessary transition and turn lanes shall be constructed in order to achieve the alignment set forth on Exhibit F in the proper manner; (0) The parties understand and agree that north or south access from all segments of Holmberg Road west of the NSID C-20 Canal must be limited to achieve the purpose of the Agreement and creation of the Hiatus necessary thereto and that any access to the parcels to the north and south of Holmberg Road and between them be limited so as not to fiustrate the purposes of this Agreement as set fonh throughout. The alignment on Exhibit F and non-access areas on Exhibit I specifically create the Hiatus to prohibit vehicular through traffic of any kind. It is the specific intent of the parties that no action be taken to eliminate the Hiatus or permit vehicular through traffic in an east west manner across the Hiatus parcel. Exhibit I depicts the non-access areas which shall be aI " N -.I CI landscaped as descnbed therein to assist in prohibiting access and which will be deemed an essential and material element of all construction and other obligations of the parties as related to the alignment N -0 ~ o c;;,J;l CAl u~ depicted on Exlubit F and hberally construed to achieve the intent of this Agreement and creation of the necessary Hiatus in the road and limit vehicular through traffic and shall be binding on all parties hereto. These non-access areas shall include the use of landscaping, as described therein, to assist in prohibiting access and which will be deemed an essential and material element of all construction -13- and other obligations of the parties as related to the alignment depicted on Exhibit F and liberally construed to achieve the intent of this Agreement for creation of the necessary Hiatus in the road and limit vehicular through traffic and shall be binding on all parties hereto. These non-access areas shall include the use of landscaping (or at the outset, physical barriers) to prohibit any vehicular through traffic. Buildings may be constructed within the Hiatus provided that the construction of said buildings is designed and situated so as to prevent vehicular through traffic consistent with the goals of this Agreement and does not encroach upon the 25 foot wide landscaped non-access areas depicted on Exhibit I and described herein.. (E) All design and construction undertaken herein shall conform to all applicable construction and design requirements of the CITY ( to the extent of the CITY's jurisdiction) and all agencies with jurisdiction and WCI shall be responsible for ensuring such compliance; (F) As part of all construction activities referred to herein, WCI shall be responsible for obtaining all permits and licenses (together with all costs of same) necessary to permit the construction contemplated or required by this Agreement; (G) Other than as provided for in Section 3(C), NSID and WCI shall convey to CITY all rights-of-way and road improvements within the CITY constructed pursuant to this Agreement. WCI aJ 7'11I; N -.t o conveyances shall be by warranty deed conveying free and clear marketable title, and shall be accompanied by a title opinion demonstrating free and clear marketable title (free from all defects, N -0 G") <:::) CO CN ~ clouds, or encumbrances) in a form acceptable to the City Attorney and shall occur upon acceptance of the road by the CITY; NSID conveyances shall be by quit-claim deed without the necessity of a title opinion. -14- (H) Should any error in the legal descriptions or depictions set forth herein cause the omission of any lands Within the ownership ofNSID or WCI, which are necessary to carry out the alignment set forth on Exhibit F, NSID and WCI agree to take the necessary measures, consistent with the spirit and intent of this agreement, to cause that property to be included in the road construction and restricted in the same manner as other property necessary for the road. Section 7. The following factors are recognized and agreed to by the CITY and WCI for the purpose of this Agreement and the annexations provided for herein: (A) Annexation Parcel 2 presently has a land use designation of 3 units per acre. WCI and the CITY hereby agree that, pursuant to the present land use plan designation, the maximum number of dwelling units for Annexation Parcel 2 shall not exceed 3,384, which is the maximum amount permitted by the Broward County Land Use Plan as of the date of this Agreement. The CITY shall not deny a rezoning request on the basis of the fact that the applicant seeks a rezoning which is in excess of the applicable land use plan designation, provided said application is consistent with the method of allocating dwelling units adopted in the Broward County Land Use Plan which has served as a basis for calculating the maximum number of dwelling units set forth herein. For the purposes of calculation of land use density under this Agreement, Annexation Parc~l 2 shall be co "... N ...... Q considered a single parcel for the purposes of the CITY and the Broward County Land Use Plan. However, the'CITY and WCI acknowledge that other factors may be relevan~ in an analysis of a rezoning request and nothing contained herein shall be construed to limit the authority and discretion N -0 G') o CO (..) Q) of the CfI.'Y to approve or deny any request for rezoning or other development permit except as expressed and specifically stated in this Agreement. The CITY and WCI do hereby recognize and agree however that in no event shall the permitted number of dwelling units for Annexation Parcel -15- 2 exceed 3,384 dwelling units. Thus, by exceeding a density of three (3) units per acre on anyone sub-parcel within Annexation Parcel 2, WCI shall be limiting the density on the remaining sub-parcels so that the maximum density cap of 3,384 dwelling units shall not be exceeded for the entire parcel as described herein. The parties agree that no sub-parcel or plat within Annexation Parcel 2 shall have a density in excess of 10 units per acre. (B) Should any portion of Annexation Parcel 2, now "land used" residential, be changed to a non-residential land use category or rezoned to a non-residential zoning category, then in that event, the cap of up to 3,384 units shall be reduced by an amount equal to the number of acres so changed multiplied by three and the density cap shall be that amount for all purposes under this Agreement. (C) The CITY does hereby state that the present land use designation for Annexation Parcel 2 of3 units per acre is appropriate. However, decisions as to individual rezoning requests may vary depending upon the circumstances and the nature of the application. The parties do hereby state that zoning districts for Annexation Parcel 2 as shown on the attached conceptual plan (Exhibit 0) are appropriate and provide for a reasonable investment backed use of Annexation Parcel 2. Within cu ~ N -' o 90 days, the CITY shall initiate and expeditiously process, with the full support ofWC1, a rezoning (D) The CITY agrees that the residential densities and zoning categories depicted on N -0 G') C) ex) G.) .\l.iJ application for Annexation Parcel 2 which is consistent with the zoning categories and specific density limitations set forth on Exhibit O. Exhtbit P within Annexation Parcell are appropriate and that rezoning and plat applications for said parcel are being processed as a result of an application by WC!. The annexation of Annexation Parcel 2 is contingent upon the prior approval of said rezoning and plat for Parkland Isles, provided -16- applicant undertakes the necessary measures to have said applications heard by the City Commission prior to September 3, 1997; if the applicant fails to do so this condition shall be void. (E) WCI shall not use either flexibility units or reserve units as provided for in the Broward County or CITY Land Use Plan for the property in either Annexation Parcell or 2 or transfer units from outside either parcel into either parcel, or to any other parcel within the current city limits of the CITY. (F) This Agreement shall not be deemed to amend the CITY Land Use Plan or Land Development Code or to rezone any property. Section 8.. NSID and WCI agree that should, for any reason whatsoever, the alignment of Holmberg Road as set forth on Exhibit F (together with the creation of the Hiatus and implementation of the non-access areas of Exhibit I) be unattainable, in the reasonable judgment of the CITY, or any material provision of this Agreement necessary for creation and maintenance of said alignment, Hiatus or non-access areas be deemed unenforceable by a court of law or, in the reasonable detennination of CITY, should the construction of the alignment set forth on Exhibit F, or the creation and maintenance of the Hiatus, or the creatio~ implementation, maintenance and enfc5rcement of the non-access areas of Exhibit I,not be completed in a timely manner ot be deemed co " N ..... o unattainable as a result of the actions or omissions ofNSID or WCI or some third party, then in no case shall Holmberg Road extend west of the eastern boundary of the NSID C-20 Canal. Holmberg N -0 en (:) CO ..~ o Road shall terminate at that point within the CITY east of the C-20 Canal with no vehicular through traffic whatsoever passing through Holmberg Road past the western boundary of the CITY or east of the C-20 Canal, and the parties commit themselves to the creation and maintenance of such a tennination. The CITY is hereby granted authority to undertake the necessary measures to create -17- such a termination at a location it deems appropriate. In addition, upon a breach of this Agreement, and not to the exclusion of this or any other remedy, the CITY shall have the option, to be exercised by written notice, to declare void any of the obligations imposed upon it, and benefits granted to WCI herein under Section 10, and those obligations of the CITY, and benefits to WCI under Section 10, shall be null and void and of no force and effect, and the CITY shall retain all other remedies available at law or equity. Section 9. Broward County on September 24, 1996, approved a rezoning of property within Annexation Parcel 2, known as Heron Bay Five, from A-I to RS-4. A 35.318 acre plat, consistent with Broward County RS-4 zoning and CITY RS-6 zoning, was approved by the County Commission on July 1, 1997. The Heron Bay Five plat contains 90 single family lots at a density of 2.5 dwelling units per acre. WCI, however, is considering revising the plat to increase lot sizes and decrease the number of units to no more than 80. In the event the plat is revised, the City Commissio~ shall review the revised plat and make appropriate recommendations to the County Commission with respect to the revised plat. The City Commission shall authorize the City Clerk and the City Engineer to sign the plat upon annexation of Annexation Parcel 2 becoming effective. All utilities and infrastructure for the plat shall be designed to meet CITY requirements. ~ N ...... Q CITY agrees that the Heron Bay Five property will be developed in accordance with CITY RS-6 Section 10. The parties acknowledge that the road improvements (including creation and f'\) ." a o CD ~ zoning regulations. ~' maintenance of the Hiatus and the non-access areas set forth on Exhibit 1) to which WCI has committed, will benefit and mitigate the impacts of the developments it will undertake in Annexation Parcels 1 and 2 and thus assist in ameliorating any negative impacts on the level of service on Holmberg Road. Based upon the commitments set forth herein and strict adherence thereto, the -18- CITY shall consider that all developments within those parcels (provided such development is within the limits set forth herein) are vested for local (CITY) road concurrency as relates to Holmberg Road and the CITY shall not use concurrency for Holmberg Road as a basis for denial of a rezoning, plat, or site plan. This vesting is strictly applies only to local (CITY) concurrency on Holmberg Road and shall have no effect upon concurrency or levels of service requirements on other roadways, and is tied to full and timely compliance with the requirements set forth herein especially, but in no way limited to, the construction of the alignment set forth on Exhibit F, the creation, implementation, maintenance and enforcement of the Hiatus and the creation, implementation, maintenance and enforcement of the non-access areas of Exhibit I as further set out herein, as well as each and every covenant set forth in this Agreement. Failure to diligently and expeditiously pursue and complete these objectives and comply with each and every covenant of this Agreement, shall automatically cause any vesting to be deemed null and void and of no force and effect. Section 11. The reference to any portion of this Agreement as material shall not be construed as rendering any other portion as non-material. Section 12. This is the complete Agreement between the parties and no amendment to this c;D... "J N .... Q Agreement shall be given force unless executed by the parties with equal dignity. Section 13. Any notice, request or demand required or permitted to be given pursuant to N ." en o ex> ~ '" this Agreement shall be in writing and shall be deemed sufficiently given if delivered by messenger, sent prepaid by Federal Express (or comparable guaranteed overnight delivery service), or deposited in the United States first class mail (registered or certified, postage prepaid, with return receipt requested), addressed to the intended recipient at the address set forth below or at such other address as the intended recipient may have specified by written notice to the sender in accordance with the -19- requirements of this Section. Any such notice, request, or demand so given shall be deemed given on the day it is delivered by messenger at the specified address, on the day after deposit with Federal Express (or a comparable overnight delivery service), or on the day that is three (3) days after deposit in the United States Mail, as the case may be. All notices shall be forwarded to: CITY OF PARKLAND: Sal Pagliara, Mayor City of Parkland 6500 Parkside Drive Parkland, Florida 33067 WCI COMMUNITIES LIMITED PARTNERSHIP: Larry W. Streib. Senior Vice President WCI Limited Partnership 3300 University Drive, 91h Floor Coral Springs, Florida 33065 NORTH SPRINGS IMPROVEMENT DISTRICT: Matt Lauritzen 10300 N. W. IIIh Manor Coral Springs, Florida 33021 Copy to: Gary Moyer (same address) Section 14. This Agreement shall be recorded in the public records ofBroward County and shall be binding upon the parties hereto, their successors and assigns, and on the property ~escribed on Exhibits C, 0, . G, H, L, M and N, shall run with the land and bind all present and future owners aJ "' N ..... Q thereof, shall inure to the benefit of the CITY and such others as referenced herein with an interest in enforcement thereof and may be enforced by appropriate action in Circuit Court with the prevailing N ~ <:) o CO ~ 1It.,,,," ~ party entitled to recover all attorneys fees and costs, including the attorneys' fees and costs of any appeals. All covenants herein in any way related to the timely design, creation, construction, maintenance, and implementation of the a1igmnent described on Exhibit F, or in any way affecting the creation or'implementation or maintenance of the ffiatus or the strict implementation and maintenance of the non-access areas and landscaping requirements of Exhibit I, or any required transfers and -20- restrictions on the use of the land referred to in this Agreement, shall run to the benefit of the CITY for enforcement purposes. In addition to, and without limiting any other rights to enforcement granted herein, the CITY shall have the right to enforce the obligations relative to construction of the alignment set forth on Exhibit F, implementation, maintenance and enforcement of the Hiatus, and construction, maintenance, implementation and enforcement of the non-access areas of Exhibit I against the owners of the property upon which either the road (as aligned on Exhibit F), Hiatus, non- access landscaping or other restrictions are located and/or the parties to this Agreement. Further, the CITY shall have the right to enforce all restrictions of any nature on the use of the Surplus Right-of- Way and the Surplus Western Right-of-Way against the owners thereof. The purpose of this recordation shall be to give the CITY the broadest authority to enforce this Agreement against the parties, their successors or assigns, and the future owners of the property affected by the provisions hereof. The provisions of Section 7 shall run with and bind Annexation Parcels 1 and 2 and the . owners thereof, and shall be enforceable by the owners of any portion thereof and the CITY as beneficiaries of the covenants contained therein. The parties acknowledge that by Exhibits J and K specific Declaration of Restrictive Covenants shall be executed and recorded. These Declarations are c;:g ".' N .... Q - intended to supplement, and in no way diminish or modify, the binding nature of this Agreement on N -0 en <::) Q) ~ C its own as a burden on The Property, as set forth in this Section and in other Sections of this Agreement. Immediately upon recordation of this Agreement, the provisions hereof shall be binding on WCI and the parcels referred to in this Section according to the terms of this Agreement, independent of the recordation, or lack of recordation, of any restrictive covenants referred to herein. Section 15. This Agreement shall be liberally construed to achieve its intent. -21- Section 16. This Agreement shall be effective on the date that the last signature is affixed hereto. IN WITNESS WHEREOF, the parties have caused these presents to be executed on the date set forth below their signatures. Witnesses: we COMMUNITIES LIMITED PARTNERSHIP ~~ ~~Wi~~ Print Name of~itness Date:S:-.PIEHjl~ 3, 'till? . Witnesses: Eti&2 U)~ Signature of Witness R Ac..NLl.. IV!.I ~€IL Print Name of Witness CITY OF PARKLAND ~ -. .~ By. ~~ Sal gliara, Mayor .....! C N "'1: G"l L ~~- -- Si Date: SEPTEH6E~ 3 a ,"7 -22- Witnesses: NORm SPRINGS IMPROVEMENT DISTRICT , tdtM.A~~~~t Signature of Witness WI/Uq~ .&.1/ Print Name of Witness By: dff ~ ,jf--1- Matt tluritzen .v ~cv~ Signature of Witnesi; ,Do A JJ../ IJ /.I..d~ (;1 Print Name of Witness Date: C;, i - 77 STATE OF FLORIDA COUNTY OF BROW ARD The foregoing insttument was acknowledged before me, the undersigned Notary Public in and for the State. of Florida, on this, the 3 ftb day of ~ T E.1'1 8 e R.. t 1997, by LARRY W. STREm, Senior Vice President, of WCI COMMUNlTIES LIMITED PARTNERSHIP, a Delaware Limited Partnership. ~p.QY PlJ~ OFPlCIAL NOTARY ..AL ~.~ GRACE K STACKHOUH oJ{ >> COMMISSION NUM.'" ~ ~ CC4713.. ~ ~ MY COM_lION .XP. OF f\.O JUNE 21.1'" U Public, State of Florida ~R~oE f>(:. &.7 A r.;.;ft<,rl tJ/}f'.,.E. Printed, typed or stamped name of Notary Public exactly as commissioned ~ Personally known to me, or _ Produced identification: CD- ~., N -a Q N .." (i) C) <XJ &:l (N<?tary Seal) Type of identification produced -23- STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the .3;tJ. day of A.~ , 1997, by SAL , PAGLIARA, Mayor, of the CITY OF PARKLAND, a Municipal Corporation. Q) HELEN M. LVNOlT *l l~ ltf cell_at' cc GII40 . . ElCPIRES: ....., ta. t. IIlIldId 1IIlI NaIIry NID UIIdIlWIIIn ~~ Notary Public, State ofF nda I-/ELEN ~1. 1. y", 0 Ti Printed, typed or stamped name of Notary Public exactly as commissioned ...........-personally known to me, or Produced identification: (Notary Seal) Type of identification produced STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the ~ day of Se~~ ~E'A., , 1997, by MATT LAURITZEN, , . V/e..( PL..ES/~A/ -I of the NORTH SPRINGS IMPROVEMENT DISTRICT, a local unit of special government and public corporation of the State of Florida. ~ N -.I C) - , ;:0........ DONNA HOUDAY NOTARY PUBUC STATE OF FLORIDA COMMISSION NO. CC421230 MY COMMISSION EXP. NOV. 24.1998 If~rt/ ~y Notary Public, State of,florida })OA/-t//l Uo,4'd~ Printed, typed or stamped e of Notary Public exactly as commissioned &/" Personally known to me, or Produced identification: N ""t G': C .1'1 . ~'. (Notary Seal) Type of identification produced Cbaapc2\PIddaIIWCI-HoJmberl-ll%O-913197.a- -24- ~ ~ ! ... Ci Vi '" a ~ 0 ISO 120 240 I ~ I -;~ I GRAPHIC SCALE IN 11:(T ~ 51 " ... - ~Ctij (;- 1~1 <> ~ I a'" .. .. ~ ~ I !it c: .... IE) ~ ~ i:: ",VI ~ ~ I 'MJa ~~ V l,., " )~ ~ 00.,,'48- W 52.0'- "" 89'''2'5r w/ 0.26' ..7 S 89'''2'5r E ,.~' BK 2 7 0 I 2 PG 0 8 5 ., LEGEND B.C.R. ~ L O.R.S. 1rJ. Pc. R/W p.Ic.R. N.5.I.O. BROWAI/O COUNTY RCCOfWS CEN T'ERUNC CAl.cvtA 1[0 CEN"'At ANCl.C ARC 1.ENCTH 0F11C1A1. RCCOfWS BecK Pl.A T P!.A T BOCK PAGe RfCHT OF WA Y RAClUS PAI..V BCAOI COIJNTY RCCGROS NCRTH SPRINGS IIIPRO..c.VCNT OIS""CT "'ACT .JI sccnON 5. TOWNSHIP .8 SCUTIf. RANCE ., EAST FLORIDA ,RUtT LANOS COIt/PANy'S SUBO/\lfSlCN NO. 2 (P.S. I. PC. 102 - P.S.C.R.) __ NORTH LlNC OF R/W Pf:R (aR.S. 25027, PC. 661 -S.C.R.) :n.. . n: .'.: :'.~. Z5OZ7, Pc. 1S6, N 89'''O':JJ- W 9,J,...,' NORTH lJNC 5.11( 1/4. 5.C. 1/4. J seCT/ON 5-46-.' Ii: SOUTH UNO OF "'ACT .JI TRACT 30 SCCnCN 5. TOWNSHIP 48 SOUTlf. RANCE ., EAST FLORIOA ,RUIT I.ANOS COMPANy'S SUSOIV/SlON NO. 2 (P.S. I. Pc. 102 - P.S.C.R.) PACe 2 OF J S 89'''O'J,J- E 2522.28' . .. ......". ..0. .: .::.:::::::::::'::::::::::::::::::::::::::.$ijii~~f."'!#i:iff.F!.7i.:::::::::::::::::;:::::;}:;:::;):;}.::::;::::::::::{::;:::::;,:::::;:::::::::;::::-:"X::::::X::::::::;:;.;:;:::::; . ,"::::': '.:':::::::..(i.iii. 'ACREs,' 'g7;Jiii 'SWAM. iiirj::::.:::::::::::::::::;::;:':'.:.':.:.:.:. :.:. :::::::.:.:: :::.::::.:.::.:.:.::..:.:..:. ...... l\ I ',..u.v4 N 89'40'.J.J- w '- ';' Oo""z1' C ~.'II.OO' POINT OF BEClNNlNr;-/ I POINT OF' ./ COMIrlENCDJENT N.II( CORNCR OF $0f00I. SITE :1010 (p.B. I:JB. PC. lIS -B.C.R.) SCHOOf.. Sire .JOIO (P.S. 1.J8. Pc. lIS - S.C.R.) .., t:s .., ~ ~ .... t::l l.Il :::1{::}:: I - I I I \ t a 10. 120. 2<0 I I ~ I I CRN'HIC SCALE IN FaT I I TRACT 26 I SECTION'. rOVtN$HIP 48 SCUTH. RANCE: 41 (,1ST a'!! I ro') F1.OR/OA FRUIT LANDS COUPANY'S SU8Oll,fSlON NO. 2 ~~ I ~ \ (P.S. I. PC. 102 - P.S.C.R.) '"~ ~~ 1- C\j ~~ .. I ... ~ .. \, IID.M I '" ~ I N 44'4)'19- ~ '" ~ tj 5O.02~ 5~ I ~ tI) S 89'40'3.3- ~ ~ )4 d'" a 2522.29' ~~ I 8 ~ N 89'40'J.J- W 704.24' S 44'4.3'19- W J III ... 750.68' . ~ VI I S 87"52'52- W ...- R/W P!R (O.R.S. 2'0.27. PC. III -8.C.R.) 50.02' J $()(/TH LJNE OF TRACT 26 :=..r ..r- -= =- - - - --;- ... ... /R/W P!R (aR.s. "050. PC. IZZ -8.C.R.) ..... "" ~~ 11:' .. Q:! SCHOOf.. SITE" ~IO ~~ I -" (p.S. 138. Pc. 16 - S.CR.) ~~ it. J '" I Ci ..... I I I I PAGE J OF J I BK 2 7 0 I 2 PG 0 8 5 8 I~ CI Qi ti 2 Qi I ~ I ~ ~ ~ .. u~ c:i~ ~ ~ ~ ... ~cri )~ N 00"51'48- W 68.01' \oj Ct;~ ~1 ~... ~~ ::iu :;;bf )~ 5 89'42'5r ~ ~ 0.26' :::.: ::::. ..... " a ... I " ~ ~ ~ ~ ~ I:;; ; t o 60 120 210 ~ CRA_C SCALe IN FCH /'RACr .JI sccnON 5. rOWNSHIP 48 SOUTH. RANce ., <Asr FLORIOA FRUIr LANeS COMPANYS SUSOl'o1S/CN NO. 2 (P.S. I. PC. 102 - P.B.C.R.) aIC 2 7 0 I 2 PG 0 8 6 0 L~GENO B.C.R. r1t L O.RB. rJ. Pc. R/W P.lC.R. N.S.I.O. ~=f'WTY R€COROS CALClilA If:O CCN/'RAL ANCI.€ ARC LENCIH CFF10AL RecCROS BOOK Pl.Ar Pl.ArflOOK PAce RlCHr OF WA Y RACIUS PALM BeACH COON TY RecOROS NORIH SPRINGS IliPROIlf:!JOir OISlRIcr I ""l ~I ~ ~I R/,N ~R (o.R.S. 25027, PC. "' -B.C.R.) / S 89'40'.JJ- E 1068.45' '" ;;i;i~~~::~;'i€~~;prf",,'~fi!~-#4' .... N 89'40'.JJ- W \. 9:JO.27' ..........SCfJIH UNe OF R/W Pf:R (o.R.s. 25027, PC. 661 -S.C.R.) /'RACr 30 s<cnON 5. rOWNSHIP 48 SOUTH. RANce ., <Asr F1.0R10A FRlJIr LANDS COlrlPANYS SIJBOI'o1S/ON NO. 2 (P.B. I. PC. 102 - P.B.c.R.) PAGE 2 OF .J N 87"52'52- EI .... ..:..::::r::I. ::.. S oo79'2r W "--60.00' t' POINT OF BEGINNING N. w. COR/'I€R OF SCHOOl. S1If: 3010 (P.B. I~ PC. 16 -S.C.R.j SCHOOL SITE: .JOIO (P.B. I~. Pc. 16 - B.C.R.) EXHIBIT 0 LEGAL DESCRIPTION A portion of Tracts 26, 30 and 31, FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2 of section 5, Township 48 south, Range 41 East, according to the Plat thereof, as recorded in Plat Book 1, Page 102, of the Public Records of Palm Beach county, Florida, Said lands also being a portion of that certain Right-of-Way, as recorded in Official Records Book 25027, Page 661, of the Public Repords of Broward County, Florida, being more particularly described as follows: BBGIN at the northwest corner of SCHOOL SITE 3010, according to the Plat thereof, as recorded in Plat Book 138, Page 16, of the Public Records of Broward County, Florida; thence along the South line of the aforementioned Right-of- Way, North 89040'33" West, a distance of 930,27 feet point on the East line of that certain 125 foot wide North Springs Improvement District Canal C-20, as recorded in Official Records Book 5570, Page 658, of the Public Records of Broward County, Florida; thence along said line, North 00051'48" West, a distance of 68.01 feet; thence South 89042'57" East, a distance of 0.26 feet; thence South 89040'33" East, a distance of 1068.45 feet; thence North 87052'52" East, a distance of 750.68 feet; thence South 89040'33" East, a distance of 704,24 feet; thence North 44043'19" East, 50,02 feet to a point on the West Right-of-Way line of pine Island Road, as recorded in Official Records Book 21116, Page 554, of the Public Records of Broward County, Florida; thence along said line, South 00052'50" East, a distance of 20.41 feet; thence South 88005'07" West, 0.41 feet to a point on the arc of a radially tangent curve (a radial line through said point bears North 88005'07" East); thence southerly along the arc of said curve being concave to the West, having a radius of 2540,00 feet, a central angle of 1002'03", an arc distance of 45.85 feet; thence South 00052'50" East, a distance of 9.49 feet; thence along the South line of that certain aforementioned Right-of-Way, as recorded in Official Records Book 25027, Page 661, of the Public Records of Broward County, Florida, South 89040'33" West, a distance of 1627.85 feet; .thence South 00019'27" West, a distance of 60,00 feet to the Point of Beginning; said lands lying in Broward County, Florida. Containing 2.5861 acres (112,650 square feet), more or less, 'i',ittlcIJ Date Seal 4798 Page 1 of 3 aJ ". '" .... Q '" ""tJ G") C) CO U1 \D ..., ~ C\4 ~ <e{ a. lti 111 ! I I I I I N 8TS2'52" ( l 0 60 120 24(J I r------..I I GRAPIfIC SCALe IN raT TRACT 26 SEcnON'. TOWNSHIP ~ !lCIJ77-/, RANCl: 41 ~A!lr f'LOFIICA FRUIT LANDS COMPANY'S SlJSDMSlON NO, 2 (P.S. I, PC. 102 - P.S.C.R.) .... ... c.; lti I .. :l ~ 750.68' N 44'43"9- ( 50.02' N 88'05'07" e (RACIAL 8oA_CJ N~""W ~ SCHOOf. SITe .JDID (P.S. 1.J8. Pc. 16 - B.C.R.) ;? u . I ~ t I ~ i ~~ .. 1lI:. llt '.. I ~ ~a ! .. 15 ~ ~ a: PACE j OF j EXHIBIT E LEG~L DESCRIPTION A portion of Tracts 26, 27, 30 and 31, FLORID~ FRUIT LANDS COMPANY'S SUBDIVISION NO.2 of Section 5, Township 48 South, Range 41 East, according to the Plat thereof, as recorded in Plat Book 1, Page 102, of the .public Records of Palm Beach County, Florida. Said lands also being a portion of that certain Right-of-Way, as reporded in Official Records Book 15050, Page 922, of the Public Records of Broward county, Florida, being more particularly described as follows: BBGIN at the northwest corner of SCHOOL SITE 3010, according to the Plat thereof, as recorded in Plat Book 138, Page 16, of the Public Records of Broward County, Florida; thence North 00019'27" East, a distance of 60,00 feet; thence along the North line of the aforementioned Right-of- Way, South 89040'33" East, a distance of 1627,85 feet; thence South 00052'50" East, a distance of 94.27 feet to a point on the southerly Right-of-Way line of Holmberg Road as shown on said plat entitled SCHOOL SITE 3010; thence along said line, North 45016'42" West, a distance of 48.97 feet; thence continue along said line, North 89040' 33" West, a distance of 1594.87 feet to the Point of Beginning. Said lands lying in Broward county, Florida. containing 2,2566 acres (98,297 square feet), more or less. {;/t1.Jc, 1 Date Seal Charles . Rossi, P. Professional Surveyor & Mapper Florida Registration No. 4798 Page 1 of 2 CD ~ N -.J o N -0 en o GO CI\ ...., 8K 21 0 I 2 PG 0 8 63 t 0 70 140 280 ~ CRAPHIC SCALE IN FEET Tf?ACT JI SECnON 5, TOWNSHIP ~8 SOUTH. RANCE ~I fAST FLORIOA FRUI T LANOS C()/,/PANr'S SUBDIVISION NO. 2 (P.B. " PC. 102 - P.B.CR.) Tf?ACT 25 SeCnON 5, TOWNSHIP 48 SOUTH, RANCe 41 EAST FLORIDA FRUIT LANDS COMPANY'S SUBDIIASION NO.2 (P.B. 1, PC. 102 - P.B.C.R.) N 0079'27" E r 60.00' I ...i NORTH LIN€ or R/W PCR (O.R.B 15050. PC. 1122 -B.C.R.) S 89'40'J,J- E 1627.85' "'I >,.:!ti;ljll~r~,{;.i:trj;, ., '<.:.#n~L~JD(,:~~,;'('~Zf~:~~f~!f~tt~(TY ~ LeGEND B.CR. ~ L o.R.S. rJ PC. R/W P.tfC.R. N.SJ.O. BROWA/fO COON 'Y RrCORD!; CCNT'CRLIN€ CALCLtA ICO aN TIlAL ANCir ARC LEM;T/04 OFF/CIAL RF:COROS BOOK PI.A , PlA T BOCK PACC RICH' OF WAY RA"'IIS PAllI BrACH COIlNTY RF:COROS NORTH SPRINGS /IoIPRO'ICMrN' OISTIlIer 80.861 I. S 00"52'50. E 94.27' POINT OF 8CCtNNINC N. II( CORNF:R or SCHOQ. SIIC .1010 (P.s. 138. PC. " -S.C.R.) N 89'40',J,J. W I R/W PeR (O.R.B. 25027, PC. 661 -e.c.R.)/ , . ,: " ,,'.NORTH LIN€ or7RAcr ~",' .:.:S':::r'.., ...: ...~;,:u,.;; ~';Jt/;;~r;:92~ '-~.:~~,:)p?<;:: 1594.87' ~ ~ l!s ~ .. ... i:S SClITHC:RL Y R/W LINE or HOt..MB€RG ROAO AS PeR (P.B. 1.]8, PC. 16 -B.C.R.) SCHOOl. SITe ,JOTO (P.B. 1.18, PC. T6 - S.C.R.) ... I ~ I .. ~ Q:/ ! - ~ )1 i I H~~~~fcf~~~fQ , ! I ~ '11 I ;'1\ i ~ PARKLAND ISLES I : 1 \ J ;~;:_::=::~~~~::=::=::=::~: ~' ~~:I M"_' :, I :,i;: H /~'I -"---1 " .-. .." ~ I: . ,.: .. M. -cl -@)I: //../ 'j' ; t ~ 1\-"-'--':: , ---:::-- '- ---== l~:::,... I: . / ,"-......---.,.s---:} I. 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I . , :.' ."'1/.1 . if'~" ':-+::---;<.}l Q :I-v r"':'I~ ~~ I o 'I :":111 , ' iI: : I. " ,I ., I -l. ' ,"" I .) ! . 1 .1' '1 !II : ': :' 1.1 ~'~: !If : I' .., \l.. I'IIVATE CAI\IE : I: I' ~..' .::.' :;~ ::.: - _. u. - - ~.'r: . : ~ ,. .~ [ - . , .L'~ J....or ,.-----............~,I ,r _~_. -----""-__- ....~--'- _ .:L., r .". ~ 1 ~ ~~~~.~~ =; :1' .t! !" :1 i ' ~ I FN;'-MrNT . J< i I ~I I. ~,; p,.... :1 L '-' I I,: ,II'''' ,I ! ., : ~ I', V ;1 " ,I I i I . , . ,I...: :1 , 11'" I .. 'I ! 13t~ . : I ,.; Ill: ; :1 , ...; ,v i 1 ti @ -,.. I - a l 'A... .^. n I "I' t ~ r, .' II I' ; : ~ : ~ n ~I ~ ! ~ ^' " II , ..... , I . !II j ~ '~II~ ~l' l-~ ~ j .' ^~ II, II U iI ^' . 'II i ~ I ~ I'jll. I"~ / I ^'~. ~ ". .. ow...... 'r. - -_'" ""'. __ / ;' ."i"'~."~'- -,> '.~........r---~-----~ J '" i':: ,-;~.~,~ \ l:6lr-- -- -.: ~.~- ~~: lilil~~i;I;~!;' -) ,.' - ,_.~".,,~ 'I il -- I :.~:.:~..---- I':-;;-l--- - --. - ~ . ! nl Iff. ~~~.,B,AY 'i r':'-~.:';;;.::------- ------------- '..' '.. r, --.-.. .. ' II, j I ' , ,II . j I . I I" .' :,1 '-. :: :: I: ' : : : 'I: . ". . I I. 'I.. . I. ,I ' ,:1 : 'I I : : I ~ j !z w :::E z :J , ; t ~ ~ ~.:-:~:..+~! ~ ~ ~ I 01 : ' , ~d 1/. ~ a: fl ),:;:~ ~~ ill ~ ----.--~------ ---:j ~ AI:~\ ..:--- ~ ~ ~ ~ . ~ - /' " :.i= -.- ~ I:: l I~ I : 8K210 12PG0865 @ HOt.MBeAa ROAD 1- " - ! GEE & JENSON -..- -- ----- -....-- ....... w--.. -....- -- - .~ I 011 2 EXHIBIT G LEGAL DESCRIPTION A portion of Tracts 18 and 19, I'LORIDA I'RUIT LANDS COKPANY' S SUBDIVISION NO. 2 of section 5, Township 48 South, Range 41 East, according to the Plat thereof, as recorded in Plat Book 1, Page 102, of the Public Records of Palm Beach county, Florida. Said lands also being a portion of that certain 120 foot wide North springs Improvement District Right-of-Way, as recorded in Official Records Book 25027, Page 661, of the Public Records of Broward county, Florida, being more particularly described as follows: CONNBNCB at the northwest corner of SCHOOL SITE 3010, according to the Plat thereof, as recorded in Plat Book 138, Page 16, of the Public Records of Broward county, Florida; thence along the South line of the aforementioned 120 foot wide North Springs Improvement District Right-of-Way and its westerly prolongation, North 89040'33" West, a distance of 931.39 feet; . thence North 89042'57" West, a distance of 123.91 feet to a point on the aforementioned South line of said Right-ot-Way and the POINT 01' BBGINNING; thence along said line, North 89042'57" West, a distance of 1099.21 feet; thence along said line, South 44043'10" West, a distance of 49.98 feet to a point on the East Right-of-Way line of Coral Ridge Drive, as recorded in Official Records Book 21035, Page 782, and Official Records Book 21116, Page 542, of the Public Records of Broward county, Florida; thence along said line and along the West line of the aforementioned 120 foot wide North Springs Improvement District Right-of-Way, North 00050'43" West, a distance of 190.04 feet; thence along the North line of said 120 wide Right-of-Way, south 45016'50" East, a distance of 49,01 feet; thence continue along said line, South 89042' 57" East, a distance of 1100.55 feet to a point on the West line of that certain 125 foot wide North springs Improvement District Canal C-20, as recorded in Official Records Book 5570, Page 658, of the Public Records of Broward County, Florida; thence, along said line, South 00051'48" East, a distance of 120,02 feet to the Point of Beginning. Said lands lying in Broward county, Florida. containing ~.1545 acres (137,412 square feet), more or less. PREPARED BY: CHARLES E. ROSSI, P.L.S., INC. ~8)~ Charles E. Rossi, ... PrOfessional Surveyor & Mapper Florida Registration No. 4798 AI4~ 7 Date Seal Page 1 ot 2 ~ N ..... Q N " G") o CD en at S "''16'50. E "9.01' _TH UNC OF N.5J.D. R/I'I :::-" '" S "".".1'10. W N S9.42'Sr IV 1099.21' ~ 49.98' I I I ~H Q Gi S l,u I l!l~l (j ~ ~ ~i Q "'.. ~ a: Ill:t ;;;;1 ~..r W~ I ~ e~ I ~ t", u ~ t CRAPHIC SCAI.E IN Far 8.CoR. t ~fl r.l Pe. R{/' ".8. CoR. N.S:LD. a ISO 120 240 ~ TRACT IS SECT10N S, TOWNSHIP 48 SOUTH, RANGe 4/ EAST FLORIDA FRUIT LANDS COMPANY'S SU8DllAS/0N NO. 2 (P.8. 1, Pc. 102 - P.8.C.R.) 'a' {I ~ ~ ~I iii ~~ ~~ I~ I~ (! ~ I .. - ~ 1II .. ~ TRACT/9 SECT10N 5, TOWNSHIP 48 SOUTH, RANce 41 EAST FLORIDA FRUIT LANDS COMPANY'S SUBD/lAS/ON NO. 2 (P.8. I, Pc. 102 - P.8.C.R.) . 27012PG0867 LEGENO lll'IOIrARO CCVNTY RCCOROS CENT'ERf.JIK CALc:vt.A tm CENTRAL ANCt,E ARC lENGTH Qll'IC/AL RCCCROS IICCK fIlA r fIlA r IIOOIC "Act: _r OF IrAY RAOIUS "AUI SCACH COUNTY RCCCROS _TH SPRINCS MIPROIlf:JlCNT DlS7rlICT PaNT OF' BCC1NNINC PAce 2 OF' 2 ~ .... Q! U ~lli ~ I irJ ...~ Q ...~ ~:l ~: a ..... ~ I \,) ~ ~ .. tl . '" . . lb ~~ dV'l ~8 \I) IU9I' N ",,2'3r w _TH UNC sw. 1/4, sc. 1/4, SEC'IICN 5-46-4 POINT OF' CCJIIMENCCAICNT IUr. CCIfNDr OF m~r;,.~~o -s.CR.) EXHIBIT H LEGAL DESCRIPTION A portion of Parcel F, HERON BAY PLAZA, according to the Plat thereof, as recorded in Plat Book , Page , of the pUblic Records of Broward County, Florida, being Jm.Dre particularly described as follows: COMMENCE at the northeast corner of Parcel A as shown on said Platj thence along the South line of said Parcel F (also being the North line of said Parcel A), North 89042 '57" West, a distance of 40.00 feet to the POINT OF BEGINNINGj thence continue along said line, North 89042 '57" Hest, a distance of 250.00 feetj thence North 00017'03" East, a distance of 120.00 feet to a point on the North line of said Parcel Fj thence along said line, South 89042'57" East, a distance of 250.00 feetj thence South 00017'03" West, a distance of 120,00 feet to the Point of Beginning. Said lands lying in Broward County, Florida, Containing 0.6887 acres (30,000 square feet), more or less. PREPARED BY: CHARLES E. ROSSI, P.L.S., INC. rc:O 2 Q ~rle:i, ROSSi? pU. Professional Surveyor & Mapper Florida Registration No. 4798 .'01/\1 Date Seal Page 1 of 2 co "" N -.I o N -0 ~ o CO CT\ CD SK 2 1 0 , 2 PG 0 8 7 0 NOR TH LINE OF PARCEL F TRACT 18 SECTION 5, TOWNSHIP 48 SOUTH, RANCE 41 EAST FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO.2 (PB. I, PC. 102 - PB. C.R.) 5 89-42'57" E 250,00' . tA:' ll) ): c'\j '- ------~- ~- ....... .. ........ a ~ ::::::::::::::: ~ :'25'; ~ NORTH LINE SE 1/4, ~~.. ::::::::::::::: "'t ", .::....... :: - C) ....... 200' ....... - C) a :-:-:.:-:-:.:. 'in ....... C) ~ <: :25' ~ PARCEL F V) ~ "'t OUIT CLAIM DEED FROM N.5.I.D. TO Woe/. (ORB. , PC. -B.C.R.) NOR;;LlNE OF ~ACT 19 .--/ ~ - OJ - ::t: X W NOR TH LINE OF PARCEL A SOUTH LINE OF PARCEL F t -;-[i ..... '-- N 89-42'57" W 250.00' PARCEL A PARCEL B HERON BA Y PLAZA (P.B, , PG, -B.C,R.) a z' 50 100 ~ GRAI'HIC SCALE .., FaT NON- VEHICULAR ACCESS AND LANDSCAPE AREA 8K270 12PG0869 LEGEND 8ROWARO COUNTY R~COROS CEN TeRLlNE C"LClJl.A TeD CEN TRAL "NCI..€ .ARC LENGTH OFFICI.AL R!COROS 800K PLAT PLA T BOOK PAce RIGHT OF WA Y R"OlllS PAUl 8EACH COUNTY ReCORDS NORTH SPRlNCS IMPROVEMENT DISTRICT Woe.I. eOMMUNm€s LIMITeO PARTN~RSHIP 8.C.R. (~ L O.R.8. fJ. Pc. R{/' P.8.e.R. N.S.I.O. w.e.l. H 50 o 100 200 ~ ii:: ~ ~ It ,...., ~I~ ~ a: ~~ ~ vi ~~ ~ GRAPHIC SCALE IN F'!n TRACT IS SEcnON S, TOKNSHIP 48 SOUTH, RANGE 41 EAST FLORIDA FRUIT LANDS COMPANy'S SUBDIVISION NO.2 (P.8. I, PG. 102 - P.8,C.R.) NORTH l/NC OF PARCEl. F S 89'42'5r E 250..00' ~~~':~'i'~ ~l_~~ :Illllii~j-- NORTH lIN~ OF PARCEl. A CUfr CLAM DaO nfOII N.S./.O. ro W.C.I. (o.R.S. . PC. -B.c.R.) - -NO;;;;;;;;;; ",:;(;r"711 ~ - ISO' I ISO' POINT OF' COMMENCEMENT N.r. CORNCR OF PARCEl A HERa>I 9A I' 1'I.AZA (p.8. . PC. -8.I:.R.) POINT OF BEGlNNINC (I ;- <J .. ~ ~ I ~ .... .. ~P! ~ I ~ ~ Ill: Ot I is ..~ ~of I~ v~ ~ Ci - ..... .. '" ~ PARCEl. 0 PARCfi 8 PARCEL A HERON SA Y PLAZA (P.B. ,Pc. -B.C.R.) PARCEl. C PAGE 2 OF 2 EXHIBIT A -J A portion of section 5, Township 48 South, Range 41 East, Broward County, Florida, and a portion of section 32, Township 47 South, Range 41 East, Broward County, Florida, described as follows: BEGINNING at the northwest corner of the Southeast Quarter (SE 1/4) of said section 5; thence South 00.SI'48" East (Bearings are relative to state Plane Coordinates as shown on STONER/KEITH RESURVEY OF A PORTION OF TOWUSIIIP 47 SOUTH, RANGE 41 EAST, ALL OF TOWNSIIIP 48 SOUTH, RANGE 41 EAST, & ALL OF TOWNSIIIP 49 SOUTII, RANGE 41 EAST, according to the plat thereof, recorded in Miscellaneous Plat Book 3 at Page 44 of the Public Records of said Broward county), along the west line of the North lIalf (N 1/2) of said Southeast Quarter (SE 1/4), a distance of 16S4,01 feet to the southwest corner of said North Half (N 1/2): thence South 89.40'33" East, along the south line of said North lIalf (N 1/2), a distance of 931.41 feet to a westerly Right of way line of the 60.00 foot wide Right of Way for Holmberg Road as described in Official Record Book lSOSO at Page 922 of said Public Records; thence North 00.19'27" East, along said westerly Right of Way line, a distance of S,OO feet to the most northwesterly corner of said Holmberg Road; thence South 89.40'33" East, along the northerly 'Right of Way line of said Holmberg Road, a distance of 1627,8S feet to a westerly Right of Way line of the 120,00 foot wide Right of Way for pine Island Road as described in said Official Record Book IS0S0 at Page 922; thence North 00.S2'SO" West, along said westerly Right of Way line, a distance of 9,49 feet\ to the beginning of a curve concave to the \-Iest r having a.radius of 2540.00 feet and a central angle of 01.02'03"; thence northerly, along said curve on said westerly Right of Way line, a distance of 45.84 feet to a northerly Right of Way line of said pine Island Road; thence North 88.0S'07" East, along said northerly Right of Way line, radial to said curve, a distance of 60,42 feet to a line parallel with and 20.86 feet westerly from the east line of said Southeast Quarter (SE 1/4) of Section 5, said parallel line being/the center line of the 120,00 foot wide Right of Way for pine Island Road (Coral Springs Drive) as described in Official Record Book 21116 at Page 554 of said Public Records: ..~{.t -. ~,!!::.~-jn-L ~;::..~:~..,';.. .,:;,;}/.: :.... ~;~:; ~~{.~!~~(j Page 1. of 4 f'7.17 l;Q " N -' o N -0 <:) <::) Q) .s:" Q) thence North 00"52'50" West, along said parallel line on said center line, a distance of 300.00 feet to the beginning of a curve concave to the southwest having a radius of 2300.00 feet and a central angle of 40.00'00"; thence northerly and northwesterly, along said curve on said center line, a distance of 1605.70 teetr thence North 40"52'50" West, along said center line, a distance of 345.22 feet to the beginning of a curve concave to the northeast having a radius of 2300,00 feet and a central angle of 40"01'08": thence northwesterly and northerly, along said curve on said center line, a. distance of 1606.46 feet; thence North 00.51'42" West, along said center line, a distance of 1420.23 feet to the north line of the Northeast Quarter (NE 1/4) of said section 5 and the south line of the Southeast Quarter (SE 1/4) of said Section 32; thence continue North 00.51'42" West, along said center line, a distance of 60,00 feet to the point of termination of said center line; thence continue North 01"51'42" West, a distance of 584,42 feet to the beginning of a curve concave to the southwest having a radius of 2300,00 feet and a central angle of 27"29'53"; thence northerly and northwesterly, along said curve, a distance of 1103"84 feet; thence North 28"21'35" West, a distance of 852.04 feet; thence South 61.38'25" West, a distance of 771.69 feet to the west line of said Southeast Quarter (SE 1/4) of Section 32 and the east line of the Southwest Quarter (SW 1/4) of said section 32: all ~ N -' Q thence continue South 61"38'25" West, a distance of 39,77 feet to the beginning of a curve concave to the southeast having a radius of 2240,00 feet and a central angle of 62"30'10"; thence southwesterly and southerly, along said curve, a distance of 2443.57 feet; N -0 en <::) CO ;r::- \0 thence South 00.51'45" East, a distance of 12.95 feet to the northeast corner of the 120,00 foot wide Right of Way for Coral Ridge Drive as described in Official Record Book 21116 at Page of said Public Records; 542 /. .11 ff II' ,. Page 2 of 4 thence continue South 00.51'45" East, along the east Right of Way line of said Coral Ridge Drive, a distance of 60.0Q feet to the south line of said Southwest Quarter (SW 1/4) of Section 32 and the north line of the Northwest Quarter (NW 1/4) of said section 5: thence continue South 00"51'45" East, along said east Right of Way line, a distance of 3301.36 feet: thence South 00.50'43" East, along said east Right of Way line, a distance of 1.02 feet to the south line of said Northwest Quarter (NW 1/4) of section 5: thence South 89.53'02" East, along said south line, a distance of 1259.33 feet to POINT OF BEGINNING. said land being in Broward County, Florida. containing 410.076 Acres, more or less, .,...~. _.11' m " N -.I C) N -a en C) CO "m o Page 3 of 4 .. .1 - - C ::'~""Q ~il~l~ :~i~~~ I ;~~3~e . .. ~~$;n I ~ ;;II~I c : ~~. .zl!l c1 ~h=!11 UlZ _I' Yii1l.lR10u -. -1I!:i.. III :f!:.'" ~'C!:J -~c==!.!.. 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I '" .... ~ 8=' ~ I.., ti ~' ~ I ~ rn .....1 I E ~ ' I ~ I . 9E. lOEe: I ~ 3.SV.lS.OOS I ~:J. :::.JC: 0 ~: i 2~ '1l:1l "'s = I u: r\) ui~" ... c N I - :z 11... tc ~.;: . l!l ~.. o, 1D1_.. ~ :: I' :: ... :iilc:~ N.. = == -= ~ 15cle,;e ~~ ~: f\jl:ll ;: llli\{\ ~;:eri~ ZID~:i; e ~lIJg ;~:~~ @ 6) v~ff'Ov o~,~1i ~ ~!S:rrE - -....A. -~-~-~ 15 ~ III " ... ~ ~ ... \J E '" in .., III .. ... \J E I I ~ I, E I) . ... . _ _ _ _ _ ~ _ _ _ _ _ _ _ _ -,~ _ _ _ _ : _ ~_.J _ ~:U) II "': I.!.J rc c:J, , .,et c:J : C,J ~.1 ~:"'l: -' N ... 0_ CD t.J ~~&; ~ NO _ - .., I I :: ~..J l:Il f-o - - 5 r.. < Cl - 0: o ~ r.. .. .. ... \J E , -=-=-=-:&. - ~ -. ~- -------- - - .. ... \J ~ ... 0% ..... """ a: .It It) UI ~;;; u .... Z <II( (;) . lJ ",~~1Il ~ 8~ 00 " % C lZ! r8 . .It to I . . "'NOel _cn_O- I I. '''' I~ I:i: ,o, I I , I I , , l'l .. ... \J ~ ... ... ... ::: ~ 'I I ... I \J I, E [: t 7-67-; '::J3 , ~o 7/1 '3'5 I'~ e/1 'N ~ II 3Nn 1531'1 zu- '" . \!i III ~ ~ ~ ~ II.: s:: _~ Lo. Jlil .J..... -0 ::: 0 aui.i~ UlU)-..... o NOU~3S =0 3Nn a: OlnU -a: III 1Il0 . '-1Il Zolll-ti l!l'l't'i-~ -UlL - 3: oJ. . ~o ICZ" ~~:g Cll .. III .. ... \J I~ " .. ... \J ~ j;;; ~ .... ~; :.' .D z~ l!lo!. !- :iu % j ceria: ~ri~ en oln ~ i~cD ... ",..,1ll1.J e~o ~ ~~~ Kl~~ "urn 10 lil ... I.J E ~ I -...-- .. --~ -,~-~- EXHIBIT B A portion of Sections 31 and 32, Township 47 South, Range 41 East, Broward County, Florida; and a portion of Sections 5 and 6, Township 48 South, Range 41 East, Broward County, Florida, all described as follows: BEGINNING at the southwest comer of the Northwest Quarter (NW 1/4) of said Section 6; thence North 00002'27" West (Bearings are relative to State Plane Coordinates as shown on STONERlKEITH RESURVEY OF A PORTION OF TOWNSHIP 47 SOUTH, RANGE 41 EAST. ALL OF TOWNSHIP 48 SOUTH, RANGE 41 EAST, & ALL OF TOWNSHIP 49 SOUTH, RANGE 41 EAST, according to the plat thereof, recorded in Miscellaneous Plat Book 3 at Page 44 of the Public Records of said Broward County), along the west line of said Northwest Quarter (NW 1/4), a distance of 3253.12 feet to the northwest corner of said Section 6 and the southwest comer of said Section 31; thence North 00003'47" West, along the west line of the Southwest Quarter (SW 1/4) of said Section 31, a distance of 2642.42 feet to the northwest comer of said Southwest Quarter (SW 1/4); thence continue North 00003'47" West, along the west line of the Northwest Quarter (NW 1/4) of said Section 31, a distance of 660.60 feet to the northwest comer of the South Half(S 112) of the South Half(S 1/2) of said Northwest Quarter (NW 1/4); thence North 89057'06" East, along the north line of said South Half(S 112) of the South Half(S 112) of the Northwest Quarter (NW 1/4), a distance of2268.58 feet to the northeast comer of said South Half (S 112) of the South Half(S 112) of the Northwest Quarter (NW 1/4); thence North 89057'16" East, along the north line of the South Half (S 112) of the South Half (S 112) of the Northeast Quarter (NE 1/4) of said Section 31, a distance of2268.08 feet to the northeast comer of said South Half(S 112) of the South Half(S 112) of the Northeast Quarter (NE 1/4); CD " N -.I o thence continue North 89057'16" East, along the easterly prolongation of said north line, a distance of 16.58 feet to a line parallel with and 16.58 feet easterly from the west line of the Northwest Quarter (NW 1/4) of said Section 32; N ""Q C') o (X) en N thence North 0 1022'19" West, along said parallel line, a distance of 655.48 feet to a line parallel with and 1313.28 feet southerly from the north line of said Northwest Quarter (NW 1/4); thence North 89036'52" East, along said parallel line, a distance of 2623.50 feet to the east line of said Northwest Quarter (NW 1/4); thence North 0 I 021 '25" West, along said east line, a distance of 775,99 feet; Page lof4 thence North 89037'21" East, parallel to the north line of the Northeast Quarter (NE 1/4) of said Section 32, a distance of 482.47 feet; thence North 01021'25" West, parallel to said east line of the Northwest Quarter (1/4) of Section 32, a distance of 417.46 feet to a line parallel with and 120.00 feet southerly from said north line of the Northeast Quarter (NE 1/4) of Section 32; thence South 89037'21" West, along said parallel line, a distance of 482.47 feet to said east line of the Northwest Quarter (NW 1/4) of Section 32; thence North 01021'25" West, along said east line, a distance of 120.02 feet to the northeast comer of said Northwest Quarter (NW 1/4); thence North 89037'21" East, along said north line of the Northeast Quarter (NE 1/4) of said Section 32, a distance of2639.40 feet to the northeast comer of said Section 32; thence South 01"21'35" East, along the east line of said Northeast Quarter (NE 1/4), a distance ofJoo.OO feet to the beginning ofa curve concave to the northwest having a radius of 2300.00 feet and a central angle of 63000'00"; thence southerly and southwesterly, along said curve, a distance of 2528.98 feet; thence South 61038'25" West, a distance of811.45 feet; thence South 28021'35" East, a distance of 60.00 feet; thence South 61038'25" West, a distance of 771.69 feet to the west line of the Southeast Quarter (SE 1/4) of said Section 32 and the east line of the Southwest Quarter (SW 1/4) of said Section 32; thence continue South 61038'25" West, a distance of39.77 feet to the beginning of a curve concave to the southeast having a radius of 2240.00 feet and a central angle of62030'10"; CD " N ..... Q thence South 00051'45" East, a distance of 12.95 feet to the northeast comer of the 120.00 foot wide Right of Way for Coral Ridge Dri;ve as described in Official Record Book 21116 at Page 542 of said Public Records; N ""'0 G') o CO U'I c-) thence southwesterly and southerly, along said curve, a distance of 2443.57 feet; thence continue South 00051'45" East, along the east Right of Way line of said Coral Ridge Drive, a distance of 60.00 feet to the south line of said Southwest Quarter (SW 1/4) of Section 32 and the north line of the Northwest Quarter (NW 1/4) of said Section 5; Page 2 of 4 thence continue South 00051'45" East, along said east Right of Way line, a distance of3301.36 feet; thence South 00050'43" East, along said east Right of Way line, a distance of 1.02 feet to the south line ofsaid Northwest Quarter (NW 1/4) of Section 5; thence North 89053'02" West, along said south line, a distance of 1379.34 feet to the southwest comer of said Northwest Quarter (NW 1/4) of Section 5 and the southeast comer of the North Half(N 112) of said Section 6; thence North 89048'18" West, along the south line of said North Half(N 112), a distance of4659.69 feet to the POINT OF BEGINNING. Said land being in Broward County, Florida. Containing a total of 1128.023 Acres, more or less. aJ.. ", N -' Q Nt ~ en <:) CD Ul .e-- Page 3 of4 THIS IS NOT A III SKETCH OF SURVEY. W..J z... ox 1 J 'l"1 .1 0 0 #v. 0 0 o . m 0 o ,"-z.\. ru ru ,,~ ~ 10 \-z.f!;. 29 I hereby certify that this map shows the area of Broward County, Florida to be included within the corporate limits of the City of Parkland, Florida. o ~ 000 o 0 10 0 ... 30. PALM BEACH COUNTY BROWAAD COUNTY I I 31 :I: 51- lil~ 1&1 ,... '10 . e.ld iJi~ i~ o t- :K~ I . 10 ~~ J I PlIO i 1128. f23 ACRES 31 . 31 T<....,',.~" ,'- AANllE ~ E~T 6 TOWNSHIP"& SOU H. RANGE..1 EAST6 POINT OF B~.GINNING: SOUTHWEST ORNER OF THE NORTHWEST UARTER IN.W. OF SECTION.6-48-41 :K ;...iu ';"'" Plni 0", . 10 gru Z 125' WIllE H.S.J.D. . CANAL C-4W 10.R.8.\ !!IS70. PG.lID8. B.C.R. I N89""S'l&'W . .'''RIM. MO" ~... ..... ...... ". NLAl1V1 10 aU,ft ~ CIXHUPMTI'I .. _ IIN 1IT_lnt ....-y "" A I'UlTIIIN ... T_I" 47 _. _ .a ....,. AU. ... _I" .. -.mi. _ .a &..,. & ALL .. ........1.. ... 8DU'hI. ~ 41 lASt. ACeQADINlI TO n<< PLAT 1'HENIP. MaIN8 IN ...........GL8 flLAT aaoc I AT ,,_ .. "" _ .....IC.._ "" __ lnMn. FlIllIDA. LEO END :I: alii U1~ w 11I0 'I", e. III x (!) U1Z ~il t- P... - ""'-AT 800IC ..... ,,- 0.11.... OFFICIAl. I'ECOfIlIOllC P...C.R. - PM..M KA04 auff"f MCGd '.C.II.- _ CIJUOTT .._ N.'.I.D.. NDIITIf _1_ IN'RDVJ!IEHT DISTIIICT I\N . Rl8fT CF WAY Ul.... F.F.L. . UI.O" ",oa f1..(lUDA FRJIT LNG IVII ."... I. 1'0. aH. ",'.C.II.1 F.N.".~QArDA NATIONAL ......RTIE..lfrC. .C. . IECTJON ~ J ..J ~ <( I n. SAWORASS CENTER IP.B. 135. PG. lB. B.C.R.I 6 EllPRESSWAY IAIGHT OF WAY HAP 8001< 11. PO. 38. SA_ASS 8 r '7 '7 ~ Y).d..e.- Ro art N. DeFo~ Professlonal Land Surveyor Florida Registration No. 3826 28 2639.40' NB9"31'21-e 32 'E. ,''3~ 00' 0'" 2 '300 . S o' o 0 . 2'30 '. 00 "''' '3" 00 e' ... 6 ..,e.9 .. 2f'j~ \-" 33 011I ..q, ..;~ ..:;&. ui..-:.~\ . l[ '" % . . .:A. \lji~. 0- .. . :ao . _0 ~;i~ IP~'" UIl. -~. ~-- 135' WI N.S.I.D, 52-2 OR NAGE RIW 10.A.B. 81131. PO. 5611. D.C.R.' 8 9 aI "" N ....a Q N ." Ci') o CO Con U1 (lu/euft.. /H7 Date PlIge 4 of 4 EXHIBIT C LEG~L DESCRIPTION A portion of Tracts 26 and 31, FLORID~ FRUIT LANDS COMPANY'S SUBDIVISION NO. 2 of Section 5, Township 48 South, Range 41 East, according to the Plat thereof, as recorded in Plat Book 1, Page 102, of the Public Records of Palm Beach county, Florida, Said lands also being a portion at that certain Right-at-Way, as recorded in Official Records Book 25027, Page 661, of the pUblic Records of Broward County, Florida, being more particularly described as follows: COMMENCE at the northwest corner of SCHOOL SITE 3010, according to the Plat thereof, as recorded in Plat Book 138, Page 16, at the Public Records of Broward county, Florida; thence North 00019'27" East, 68.00 feet to the POINT OF BEGINNING; thence North 89040'33" West, a distance of 931.41 feet; thence North 89042'57" West, a distance of 0,26 feet to a point on the East line of that certain 125 toot wide North springs Improvement District Canal C-20, as recorded in Official Records Book 5570, Page 658, of the Public Records of Broward county, Florida; thence along said line, North 00051'48" West, a distance of 52.01 feet to a point on the North line of said Right-of-Way; thence along said line, South 89042157" East, a distance of 1. 32 feet; thence continue along said line, South 89040'33" East, a distance of 2522,28 feet; thence continue along said line, North 44043 '19" East, a distance of 50.02 feet to a point on the West Right-of-Way line of pine Island Road, as recorded in Official Records Book 21116, Page 554, of the Public Records of Broward County, Florida; thence along said line, South 00052'50" East, a distance of 20,01 feet; thence South 44043119" West, a distance of 50,02 feet; thence North 89040'33" West, a distance of 704.24 feet; thence South 87052'52" West, a distance of 750.68 feet; thence South 89040'33" West, a distance of 137,04 feet to the Point of Beginning. Said lands lying in Broward County, Florida, Containing 2.2359 acres (97,397 square feet), more or less. PREPARED BY: CHARLES E. ROSSI, P.L.S., INC. c.~f? .6 Professional Surveyor & Mapper Florida Registration No. 4798 e/4-/c'7 Date Seal Page 1 of 3 \:D " N ..... Q N ~ o (X) CJ1 0" EXHIBIT J DECLARA TION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS is executed this _ day of . 1997, by WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware Limited Partnership, its successors and assigns (WCT), the owner of the property attached hereto as Exhibit A. as follows: WHEREAS, the parties have entered into an Agreement (The Agreement), executed by WCI on the _ day of . 1997, between the City of Parkland and the North Springs Improvement District, and recorded in ; and WHEREAS, this Declaration of Restrictive Covenants is being recorded by WCI pursuant to said Agreemen~ in order to bind the property described on Exhibit A (The Property) as set forth in The Agreement and to supplement the enforcement of the obligations imposed in The Agreement; and WHEREAS, the purpose of this Declaration of Restrictive Covenants is to bind WCI, and NOW THEREFORE, WCI, ON DI~HALF OF ITSELF AND ITS SUCCESSORS AND Co 7"& N -' o - all future owners of The Property, to the terms and conditions of The Agreement; ASSIGNS DOES HEREBY VOLUNTARILY, IRREVOCABLY, AND IN PERPETUITY, BIND THE PROPERTY TO THE FOLLOWING RESTRICTIVE COVENANTS AS SET N) -0 en o CX) ....... FORTH HEREIN: - Section I. The Agreement is hereby incorporated as part of this Declaration of Restrictive Covenants as if fully set forth herein and WCI does hereby bind The Property as set forth in The Agreement. All covenants and requirements of said Agreement as specifically set forth therein shall -1- be binding on WCI, its successors and assigns, The Property, and all future owners or persons with property interest in The Property and The Agreement shall be deemed to be a part of this Declaration of Restrictive Covenants. Section 2. This Declaration of Restrictive Covenants is being recorded and shall bind The Property in order to implement The Agreement, including but not limited, to that provision which requires that The Property be used only as a landscaped common area for the property directly to the north thereof, and prohibiting The Property from being used as a road of any kind or for vehicular traffic of any type or for right-of-way or roadway or ingress and egress of any kind. All other covenants contained in The Agreement shall also be deemed to be included within this Declaration of Restrictive Covenants and are made a part hereof as if fully set forth herein. Section 3. This Declaration of Restrictive Covenants is executed for the benefit of, and shall be enforceable by, the City of Parkland ir any owners of property immediately to the north of The Property, The provisions of this Declaration of Restrictive Covenants may be enforceable by the City of Parkland or said owner by action in the Circuit Court through an action for injunction as WCI a>> " N -J Q acknowledges that any violation of this Declaration shall cause irreparable harm to the City of seek to enforce this Agreement, they shall have available to them any and all remedies available at law N """ en C c: ...... N Parkland. Further, if the CITY or any owners of property immediately to the north of The Property or equity, ShoUld the CITY be required to take action to enforce this Restrictive Covenant, then, in that event. should the CITY prevail in any said enforcement proceeding. it shall have a right to reimbursement from the non-prevailing party for all attorney's fees and costs, including any attorney's fees or costs of an appeal. -2- Section 4. This Declaration of Restrictive Covenants shall run with and bind The Property in perpetuity. Section 5. This Declaration of Restrictive Covenants shall be recorded in the public records ofBroward County and shall be binding upon WCI, its successors and assigns, The Property, and all future owners of The Property, and inure to the benefit of the City of Parkland and the owners of any parcels of property immediately to the north of The Property. Witnesses: WCI COMMUNITIES LIMITEDP ARTNERSHIP Signature of Witness Print Name of Witness By: Larry W. Streib, Senior Vice President Signature of Witness Print Name of Witness STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me, the undersigned Notary Public in and CD " N ...... Q for the State of Florida on this, the _ day of , 1997, by LARRY W. STREffi, N ~ G') o (Xl ~ c.;: Senior Vice President of WCI. COMMUNITIES LIMITED PARTNERSHIP, a Delaware Limited Partnership. Notary Public, State of Florida Printed, typed or stamped name of Notary Public exactly as commissioned _ Personally known to me, or Produced identification Type of identification produced CIIIlIpc2\PIlklIlld\WCI-Ralrictive CcMnInlI.9-3-97 -3- EXHIBIT K DECLARA TJON OF JtESTRJCTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS is executed this _ day of , 1997, by WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware Limited Partnership, its successors and assigns (WCI), the owner of the property attached hereto as Exhibit A, as follows: WHEREAS, the parties have entered into an Agreement (The Agreement), executed by WeI on the _ day of . 1997, between the City of Parldand and the North Springs Improvement District, and recorded in ; and WHEREAS, this Declaration of Restrictive Covenants is being recorded by WCI pursuant to said Agreement in order to bind the property described on Exhibit A (The Property) as set forth in The Agreement and to supplement the enforcement of the obligations imposed in The Agreement; and WHEREAS, the purpose of this Declaration of Restrictive Covenants is to bind WCI, and all future owners of The Property, to the terms and conditions of The Agreement; NOW THEREFORE, WCI, ON BEHALF OF ITSELF AND ITS SUCCESSORS AND ASSIGNS DOES HEREBY VOLUNTARILY, IRREVOCABLY, AND IN PERPETUITY, BIND THE PROPERTY TO THE FOLLOWING RESTRICTIVE COVENANTS AS SET ..... FORTH HEREIN: - ... Section I. . The Agreement is hereby incorporated as part of this Declaration of Restrictive Covenants as if fully set forth herein and WCI does hereby bind The Property as set forth in The Agreement. All covenants and requirements of said Agreement as specifically set forth therein shall -1- be binding on WCI, its successors and assigns, The Property, and all future owners or persons with property interest in The Property and The Agreement shall be deemed to be a part of this Declaration of Restrictive\ Covenants. Section 2. . This Declaration of Restrictive Covenants is being recorded and shall bind The Property in order to implement The Agreement including, but not limited to, all covenants which refer to The Property, or require actions to be taken on The Property, or are intended to restrict The Property as set forth in The Agreement, shall be binding upon WCI, its successors and assigns, and The Property, and all future owners thereof. and it is the purpose of this Declaration of Restrictive Covenants to reinforce the burden being placed upon The Property by The Agreement and to assure the City of Parkland that The Agreement shall be implemented in spirit and intent by WCI, its successors and assigns, and all future owners of The Property. These obligations shall include but not be limited to the construction of the alignment of Holmberg Road as set forth in The Agreement, the prohibition of the use of the Hiatus portion of The Property (as described in The Agreement) for co " N -..J <::) vehicular traffic of any kind, cooperation as set forth in The Agreement to implement the construction of the alignment of Holmberg Road as set forth in The Agreeme~t, and full cooperation to insure that N -0 (i) <::) CXJ -.J al the Hiatus as set forth in The Agreement is implemented and honored in spirit and intent and that no through traffic be pennitted between Coral Ridge Drive and Holmberg Road and to further implement, and maintain the non-access requirements and areas set forth in The Agreement in order to prevent such through traffic. All other covenants contained in The Agreement shall also be deemed to be included within this Declaration of Restrictive Covenants and are made a part hereof as if fully set forth herein. -2- Section 3. This Declaration of Restrictive Covenants shall run with, and bind, The Property in perpetuity. Section 4. This Declaration of Restrictive Covenants is executed for the benefit of the City of Parkland which shall have the right to ertforce this Agreement by injunctive relief in a court of law as WCI does hereby declare that any violation of these Covenants or The Agreement, shall cause irreparable hann to the City of Parkland. Moreover, The City shall have any other remedies available to it at law or equity. Further, should the City of Parkland have to engage the services of an attorney to enforce this Restrictive Covenant, then, in that event, should the City of Parkland prevail in any enforcement proceeding, the party or parties against whom enforcement is sought shall be responsible for reimbursing the City of Parkland for all attorney's fees and costs, including the attorney's fees and costs in any appeal. Section 5. This Restrictive Covenant shall be recorded in the public records of Bra ward County, and shall bind WCI, its successors and assigns, and shall run with and bind The Property and Witnesses: WCI COMMUNITIES LIMITED PARTNERSHIP CD " N -* o N -0 G') o Q) ..;J all future owners of The Property and inure to the benefit of the City of Parkland. Signature of Witness Print Name of Witness By: Larry W. Streib, Senior Vice President Signature of Witness Print Name of Witness -3- STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida on this, the _ day of , 1997, by LARRY W. STREffi, Senior Vice President ofWCI COMMUNITIES LIMITED PARTNERSHIP. a Delaware Limited Partnership. Notary Public, State of Florida Printed, typed or stamped name of Notary Public exactly as commissioned _ Personally known to me, or Produced identification Type of identification produced 111197 Cbattpc:1IP1lldInCl\WCI(2}Ratriclive ClI\IeIlIIIla.a.27.97 CD, 7!C, '" ..... C) - N -c (;:l c... -4- EXHIBIT L LEGAL DESCRIPTION A portion of Tracts 17, 18 and 19, FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2 of Section 5, Township 48 south, Range 41 East, according to the Plat thereof, as recorded in Plat Book 1, Page 102, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCE at a point being the intersection of the centerline of Heron Bay Boulevard and the East line of HERON BAY ONE, according to the Plat thereof, as recorded in Plat Book 159, Page 34, of the Public Records of Broward county, Florida; thence along the easterly prolongation of said centerline, North 89009'17" East, a distance of 120.00 feet to a point on the East Right-Of-way line of coral Ridge Drive, as described in Official Records Book 21116, Page 542, of the Public Records of Broward county, Florida, and the POINT OF BEGINNING; thence along said line, North 00050'43" West, a distance of 95,00 feet; thence South 45050'43" East, a distance of 49.50 feet; thence North 89009117" East, a distance of 205,00 feetj thence South 85007147" East, a distance of 201.00 feetj thence North 89009'17" East, 124.54 feet to a point on the arc of a tangent curve; thence southeasterly along the arc of said curve being concave to the southwest, having a radius of 540.00 feet, a central angle of 89058'56", an arc distance of 848.06 feet; thence tangent to said curve, south 00051' 47" East, a distance of 274.25 feet to a point on the arc of a tangent curve; thence southeasterly along the arc of said curve being concave to the northeast, having a radius of 186.00 feet, a central angle of 23016'54", an arc distance of 75.58 feet to a point on the North line of that certain 120 foot wide North Springs Improvement District Right-of-Way, as recorded in Official Records Book 25027, Page 661, of the Public Records of Broward county, Florida; thence along said line, south 89042157" East, a distance of 14,85 feet to a point on the West line of that certain 125 foot wide North springs Improvement District Canal C-20, as recorded in Official Records Book 5570, Page 658, of the PUblic Records of Broward County, Florida; thence along said line, South 00051'48" East, a distance of 146.38 feet to a point on the arc of a non-tangent curve (a radial line through said point bears North 30035'19" West); thence southwesterly along the arc of said curve being concave to the southeast, having a radius of 186,00 feet, a central angle of 6016'23", an arc distance of 20,36 feet to a point of reverse curvature; thence southwesterly, westerly, and northerly along the arc of said curve being concave to the northeast, having a radius of 90.00 feet, a central angle of 161801' 47", an arc distance of 252,94 feet to a point of reverse curvature; Page 1 of 4 ~. N ...a o N -0 G") (:) CO -oJ CO thence northeasterly along the arc of said curve being concave to the northwest, having a radius of 186.00 teet, a central angle of 3s001'S2", an arc distance of 113.72 feet; thence tangent to said curve, North 000Sl'47" West, a distance of 274.25 feet to a point on the arc of a tangent curve; thence northwesterly along the arc of said curve being concave to the southwest, having a radius of 460.00 teet, a central angle of 890S8'S6", an arc distance of 722.42 feet; thence tangent to said curve, South 89009'17" West, a distance of 124.54 feet; thence South 83026'57" West, a distance of 201.00 feet; thence South 89009'17" West, a distance of 205.00 feet; thence South 44009'17" West, a distance of 49.50 feet to a point on the aforementioned East Right-of-Way line of Coral Ridge Drive; thence along said line, North 000SO'43".West, a distance of 9S.00 teet to the Point of Beginning. Said lands lying in Broward county, Florida. containing 4,0353 acres (175,776 square feet), more or less. ~: N .... Q N ." en . o Q) .... \D PREPARED. BY: CHARLES E. ROSSI, P.L.S., INC. 8 6/4Jc, ., Date Seal Charles . Rossi, P.S. . protessional Surveyor & Mapper Florida Registration No, 4798 Page 2 of 4 POINT or COIII/ENCEMOIT lIfrrR5CCf/OII OF (DI'/E1IIJNC OF HE/fON tIA r fIClJl.EVNfD III", /HE CAST M T IJItr HtRQI &t Y ONe (/".11. '''' ~ J4 -&c:.t) nRCEl. C HERON BA Y .. BOULEVARD '" --f- ~ ~~ "ARCEl. F I 50'~ I 50' I Q: ""' I Q I ~ iii ~ I Q ~~ a: ~~ ~ -~ ~ I .. (.)t : ~ I PaNT or BCCINNING I N 00"5()'4J- W 95.00' 511' ~~ ~~ I ~~ '" I ~~ ~~ S 44TJ9',r W 49.50' 511' Bt: 2 7 0 I 2 PG 0 8 80 TRACT,7 SECnON 5, TOWNSHIP 48 SOUTH. RANCE 41 EAST FLORIDA FRUIT LANDS CCUPANy'S SU8DMSlON NO.2 (P.8. 1, PC. 102 - p.e.C.R.) N S9TJ9',r E '24.54' o ~ '00 zoo TRACT '8 SECnON 5. TOWNSHIP 48 SOUTH. RANCE 41 EAST FLORIDA FRUIT LANDS COMPANy'S SU8DMSlON NO. 2 (P.8. " Pc. '02 - p.e.C.R.) PAC( J OF 4 lEGCNO ac.R- e (e) ~ L C1R.& (II) ".11. I'G. "". " I'.au N.S-Lo. BRQWA/ll7 COUNTY RCa:JRDS CENrERUNC CM.acA7BI CENIIrAL ANQ.E AIfC tDIt17H 0'l'JCW. RCCCRDS IIOOK ~T ~ T tKJDK "ACE IIICHr OF IIICY "ADNS ,,_ ""Of COUNTY RCCOROS NCR7H sPIfrN(;S _II€MENT DISTRICT ~. CRAPHIC SCAl.E IN Far SUBLCT PROPeRTY (4.tmJ ADIES 1:. ,,,,m 1: SCIJNfC FrEI) ....:.::::*:::::::E::~::;:::::~::::::::~::t:::::::::::':'.. "~~,lIijh .............................. .::::::~::~::::~::~~:~:~~!:::::~~::::::::.. '('A, .;~:~~*}~~~~~::}}~:~: ....................... ~p~.dlJ _711 5I'RtN(;$ _YDlENr DlSTTflCr 120' R/IF 1Ki"711 'UNc ~i:~ ~ - (;.R.; ;;;;;;:;;.- 16-; -;t;;j -;;0,,;; ~ ;; I/fAcr 19 -:/ - - SECTION 3-46-41 L~C€ND s.c.R- e (C) ~ L QR.8. (P) 1'.8. PG. fI/W II p.s.c.rr. N.S-Lo. 8 :l ~ COUNrY Rf:COROS CDlrF:1lUNC CAU:lJlA 1m CDlIIP.AL ANCU A1fC LEHGIIf 0fRQAL Rf:CCROS BCCK Pr.A r Pr.A r IIOOK PACE _r OF lIMY RADIUS PAUl ICACH CaJlITY RCCCftOS IIOR711 SI'IIIIICS _WIM€Nr DrSI1lIcr o 50 100 200 ~ r;RAI'HIC SCALE III FFET TRACT 78 SECTION 5, TOWNSHIP 48 SOUTH, RANGE 41 cAST FLORtDA (RUtT LANDS COMPANY'S SUSDfVlStON NO. 2 (P.B. 7, Pc. 102 - P.B.C.R.) 1IOR711 fJNC OF N.SJ.D. Iztr R/W TRACT 79 SEcnON S. to'MISHIP 4B SOUTH, RANC€ 41 EAST FLORIDA fRUfT LANDS COMPANY'S SUBOfV1S1ON NO. 2 (P.B. I, Pc. t02 - P.B.C.R.) 6t:210 12PG0881 A-B9~'56- R-46o.00' L-722.42< SEE PAce .J OF' " SUB.ECT PROPGlTY (4.OJ5J ACRCS .to 11S.17' ~ SCUAIIC FEEl') C'o .... 111 c:i d ~ ~ ;;j - ~ ~ ... ~ ~ GI ~ -.. ~2 ~ a ~ ~ ~ t.i ~~ "l ai .... ~~ c( '" 11\'1: ~ 5 ~ I ~\S .... 111 ~ ~ t.) ~ ~ ~ 0.;: I!: u ti ~ 111 Q. ~ ..: a i ~ ai ~ e .... ... ~ ~ wi S OJ ~ e: Iu- ~ a:T J::: a~ ~ ~ I ~.. 111 ~ ..~ II\U ~1lI ~ ~ C'o 31: . "- ~ Yi g ~ ~.J5-o1'52- R-l..00' L- tt.J. 72' A-161-o1'4r R-90.00' L-252.94' PAC€ 4 OF " EXHIBIT M LEGAL DESCRIPTION A portion of Parcel B, CRC TWO, according to the Plat thereof, as recorded in Plat Book ____, Page ~, of the Public Records of Broward County, Florida, together w1th a portion of that certain parcel being the subject of a Quit Claim Deed from the North Springs Improvement District to WCI Properties, as described in Official Records Book , Page , of the Public Records of Broward County, Florida, being more-particularly described as follows: BEGIN at the southwest corner of said Parcel B; thence along the West line of said Parcel B, North 00050'43" West, a distance of 730.52 feet; thence North 44009'17" East, a distance of 49.50 feet; thence North 89009'17" East, a distance of 205.00 feet; thence North 83026'39" East, a distance of 201,00 feet; thence North 89009'17" East, a distance of 124.54 feet to a point on the arc of a tangent curve; thence southeasterly along the arc of said curve being concave to the southwest, having a radius of 460.00 feet, a central angle of 89058'56", an arc distance of 722.42 feet; thence tangent to said curve, south 00051'47" East, a distance of 274.25 feet to a point on the arc of a tangent curve; thence southwesterly along the arc of said curve being concave to the northwest, having a radius of 186.00 feet, a central angle of 35001'52", an arb distance of 113.72 feet to a point of reverse curvature; thence southwesterly along the arc of said curve being concave to the southeast, having a radius of 90.00 feet, a central angle of 17005'32", an arc distance of 26.85 feet; thence North 89042'57" West, a distance of 979.23 feet; thence North 00050'43" West, a distance of 60.01 feet to the Point of Beginning. Said lands lying in Broward County, Florida. COhtaining 18,8634 acres (821,691 square feet), more or less, PREPARED BY: CHARLES E, ROSSI, P,L.S., INC, Ch.~.~s.D Professional Surveyor & Mapper Florida Registration No, 4798 M1/Q, Date Seal Page 1 of 2 QJ ",. N .... <::) N -0 C) <::) 0) 0). N HERON BA r BOULEVARD 8K 21 0 I 2 PG 0 8 8 3 <> .. PARCEL A CRC TWO (P.S. ,PC. -8. C.R.) <> .. - ..... '" -- ~ I.i ll:i 4. 0 I ....3:: lu .... cj ~ Ul1. -- a: I.i !Xi Co I ~ ij....cj ~ Ul1. ~ Q:: . Q.U !Xi ~ "" ~I Q: ~ C) ~ !,oJ iii (:) I Q~~ Q:: Ii: I'" ...... ~ :e ~ ~..r <::) ~:: o '" iii 0: a ~I~ 40' N t o 70 140 280 LECEND B.CR. BROWARD COUNTY KCOROS ~ CENTFRL1N€ CALCUU reo ~ 1 CENTRAL ANGL€ I L ARC LDlCTH o.R.B. CFFICI.u. KCORDS BOCK fJ. ~~ BOCK I:;fw ~ OF WAY R RAOOS P.B.C.R. PAUl B€ACH COVNTY KCOROS N.S/.O. NORTH SPflrNf;S lI/PRO'-CMOIr D1STTfrcr I W.CL w.c.t CllIoIIUWnrs WIlD PARTNfRSH/P -". ........ . . LEGAL DESCRIPTION All of Parcel A, together with a portion of Parcels Band F, HERON BAY PLAZA, according to the Plat thereof, as recorded in Plat Book , Page , of the Public Records of Broward county, Florida, being more particularly described as follows: BEOXN at the southeast corner of Parcel B as shown on said Plat; thence along the South line of said Parcel B and Parcel A, North 85028103" West, a distance of 1025,97 feet; thence North 68002111" West, a distance of 85.85 feet; thence North 1026'32" West, a distance of 221.65 feet; thence North 1053104" West, a distance of 174.11 feet; thence North 9044128" West, a distance of 138.30 feet; thence North 1040107" East, a distance of 59,96 feet; thence North 89009'17" East, a distance of 212,03 feet; thence North 00050143" West, a distance of 207.00 feet; thence South 89009'17" West, a distance of 210.27 feet; thence North 00050143" West, a distance of 262,80 feet; thence North 44043110" East, a distance of 49,98 feet to a point on the South line of said Parcel F (the last ten courses described being coincident with the westerly lines of said Parcel A); thence along said South line of Parcel F, North 89042 '57" West, a distance of 12.00 feet; thence South 44043110" West, a distance of 49.98 feet; thence North 00050143" West, a distance of 95.71 feet (the last two courses described being coincident with the southerly and westerly lines of said Parcel F); thence South 89042157" East, a distance of 979.23 feet to a point on the arc of a non-tangent curve (a radial line through said point bears North 72055127" West); thence southerly, southeasterly and easterly along the arc of said curve being concave to the northeast, having a radius of 90.00 feet, a central angle of 143056115", an arc distance of 226,10 feet to a point of reverse curvature; thence northeasterly along the arc of said curve being concave to the southeast, having a radius of 186,00 feet, a central angle of 6016123", an arc distance of 20,36 feet to a point on the East line of said Parcel B; ~hence along said line, South 00051148" East, a distance of 1178.70 feet to the Point of Beginning. Said lands lying in Broward County, Florida. Containing 29.9451 acres (1,304,408 square feet), more or less. PREPARED BY: CHARLES E. ROSSI, P,L,S., INC. cSc;? RoQposO . Professional Surveyor & Mapper 'Florida Registration No, 4798 fWtlcl, Date Seal Page 1 of 2 CoO " N -.I c:::l N ." C') <:::) CO (X). +" ~ ~ ~ C> ~ ~ ... 5 .. ... ..... 1Ilc:i ~<: -~ ""Vi ~~-.. <:~o: ~;:)U 1Ila:i j:!:'JIl ~ !!?5~1 .....1Il~... ~~::l;~ <(""0 e:ll..(.J~ ;x:1Illl.. <l. Vi!;l . ..~ ~:i: ~ ~~ 0.... ~ a.. ""!::: ~ i"~ 1O~ .. 8':: <: l.;: i ~~~ 0 <( ~ ...~ Itc>~ ~ Sl ~ I:&:" .... Q:: ~ ~ ~l: ~ ~ i ... ~ ~..: l.;: ~I~~i!:~ l5 i ~~I ~i~:::t~:;t 2 ~..~lli~ )tl:!~"'2.........~~i!:"" ~~5~~a~(:i~~~~ ~ ~ ~ ~ iii .... -; '" ~.l: ~~i:i (.j~It~.u~"",'lIi~ Qi Q ~"''' a;-= 5 a~ 21 0 I 2 PG 0 8 85 - -- t/l~'1I - ~9 -:Jd 'IU~ 11'/lTJ) O~-:J WNlf:J '0'1"$"11 .'~l J ,Ol1U II - 1- (~J":)"S~ '!)d' 'S'd) YZ'I7d ^ 'IS NO~3H 3 73J~'Id ~~ Ii; . e l!l OIQi "'Oi Cl~ ~ (11"3" - l'" '" "U/Z 11IT1) i11J1IlI~ _3t\/HO 3!JO/~ 7'!.HrX) III <: ).. ~ ~ ~ ~ ~~ A: Oi. ?:C; (.j.. ... Qi ... Q~'<> d :~! ~ ~~;::~i i::i.... It ~ ~~~~ ~ ~... (I) Qi ... (fj Oii ~ ~, ~ ~ 3:: e ~ ~I C'Io ~I ~ I EXHIBIT 0 RS- 2 . 5 LOW DENSITY SINGLE FAMILY RS-3 LOW DENSITY SINGLE FAMILY RS-4 LOW DENSITY SINGLE FAMILY RS-6 SPECIAL SINGLE FAMILY AM-a LOW MEDIUM DENSITY W W.J Z.... 0::1: J o ~ 000 o 0 10 0 " /' '1 UW~1 o a o 't COUNTY COUNTY o 0 o 0 o 0 ru l'l PALM lEACH IAOIIAAO o m ru 10 RS-6 SAWGRASS EXPRESSWA Y Page 1 0 f 1 -, r THIS IS NOT A SKETCH OF SURVEY. , , , , " , , , , , l:D " N -.I C) I I~ I.., )...I~ ....I..J ~I)... ~I.... U ..... !)ll.I Itl ~IO c:lIl::E ~I~ I~ I~ I , , , , , , , , . , " , , , , , , , 1 . N -0 en <=) Q) Q) C7\ -------. 1 \Il. " 1 ~I '-11 ..J1 tl ..,1 l.I 1 BROWARO COUNTY . .r---------------~ \II. PARKLAND CITY LIMITS ~: lEI 1Jj' . ;i. L u ~ _ !'~RJ<!:-!^'P _ ~!.':!'_ L.!~/..r~ _ _ _ C.ORAL SPRINGS CITY LIMITS , EXHIBIT. P /, ~ \ - - -- LOW OENS,TY SIN.GLE FAMILY SPECIAL $INGLE FAMILY TRAIL .S eND OJ ~I :D o THIS IS NOT A \ SKETCH OF SURVEY. \ I ~---- I I RS-6 n ~ RS-3 ::;! "1l .... ~ H \l\ , RS-3~ \:) I I I L BROWARD r CORAL SPRINGS COUNTY RS-6 HOLMBERG ROAD I REcORDED IN TH I CW 8~ OFF.,IAI. REcOfIDs _I'\' J2!!t!j.Iol.ORDA --"'1i.41011 . I. SAWGRA55 EXPRE5SWA y I _______1 Pege 1 0 f 1 - - - - RS-6 PAAKLAND c0'38tld 06vv08v tc:60 ~6. S0 d35 (. RESOL. 97-25 97-493324 T#001 09-18-97 09:50AM ADDENDUM TO AG'REJ;MENT THIS ADDENDUM to the agreement entered into between the CITY OF PARKLAND, WCI COMMUNITIES LIMI'IED PARTNERSHIP, and the NORTH SPRINGS IMPROVEMENT DISTRICT on September 3, 1997, is hereby entered into by and between WCI COMMUNITIES LIMITED PARTNERSHIP (WCI) and the CITY OF PARKLAND (CITY), to clarify certain conditions in the agreement relating to WCl and the CITY as follows: 1, At the September 3, 1997, City Conunission meeting, the City Corrunission of the City of Parkland (CITY) adopted an Agreement between itself and WCI Communities Limited Partnership, its successors and assigns (WCI), and the North Springs Improvement District, its successors and assigns (NSID) pursuant to the City of Parkland Resolution No. 97-25. 2. For the purposes of this Addendwn, that Agreement shall be referred to as "The Agreement" . 3. At the September 3, 1997, City Commission meeting, the City Commission also adopted Resolution No. 97-25A for the purposes of modifying and clarifying The Agreement, A copy of said Resolution No. 97-25A is attached hereto and made a part hereof. 4. WC1 and the CITY do hereby wish to modify and clarify their obligations as set forth cu "... N ..... Q N -0 en o \.0,. \0 <=) in The Agreement in accordance with the terms and conditions set forth in Section 1 of Resolution No. 97-25A, which is incorporated herein by reference as if fully set forth herein, and which shall bind the parties to this Addendum. S. This Addendum shall be binding on WCI, its successors and assigns, and the CITY, its successors and assigns, and shall run with and bind the land and shall be recorded in the public records ofBroward County. DEFERRED ITEM Return Document To Business Operations 7nn 'J nl.."nU..I'11'J1 I'lnn\lnuJ.J IIl'J\lnuu ~ fln'ln II\lJl/l fln_ 'JI'J~ ~0'3Dl::Id 06l;>l;>08t:> tc:60 ~6, S0 d3S ,'.. a. IN WiTNESS WHEREOF, the parties have caused these presents to be executed on the date set forth below their signatures. Witnesses: WCl COMMUNITIES LIMITED PARTNERSHIP ~~ ~ature Of~ omM ~ ~...;r ~~ture of Witness r>mlllS ~. t.J~ i~L.. r Print Name of Witness s. ;; 1FT Eli ~ E R -S 7"t~} J q q 7 Witnesses: IU~~ Sipture of Itness ~C.N~C- ~/~ue.. P!i~ s~ture 1~ ~~~ ~/t.t~ Print Name of Witn ss CITY OF PARKLAND BY:~~ Sal gHara, Mayor Date: September 11, 1 997 ATTEST: ~~ ~tor- ~ SUSill1 Armstrong, C.M.C.} City Clerk CD ":. N) ..... Q STATE OF FLORIDA COUNTY OF BROW ARD N -0 G") o \D \0. - The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, theL~/H day of SePT ell.8 12R. . 1997. by LARRY W. Page -2- (Inn' J n'hhnah.nPJI t't, n^\.lnUI.1 1I""n...u ^^.,. ^ II \r " I,. ^^ . '"~ ., . t70 . 38t:1d 06t7t708t7 't~:60 t..6. S0 d3S STREIB, Senior Vice President, ofWCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware Limited Partnership. ~'/r:sr*~d~ N ary Public, State of Florida & R ft (~E. k. ~ T IUJ k. 1-10 c.J S e:;. Printed, typed or stamped name of Notary Public exactly as commissioned -X- Personally known to me, or Produced identification: - Nit Type of identification produced ~p.9.Y Pll8, omCIAL NOTARY SEAL o ~ GRACI K STACKHOUSE ~ .: ~ COMMISSION NUMIER ~ 4(' 00471386 ~ ~ MY COMMISSION IXP, ~ OJ: f\,O JUNE 21 18eg (Notary Seal) STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for tbe State of Florida, on this, the 11 th day of September . 1997, by SAL P AGLIARA, Mayor, of the CITY OF PARKLAND, a Municipal Corporation. 9Mw~ ~ Notary Public, State of Flori a Helen M. ~ynott Printed, typed or stamped name of Notary Public exactly as conunissioned --L- Personally known to me, or Produced identification: CD ~.. N ..... C) N " C") o \D \0 N (Notary Seal) Type of identification produced CD.. HELEN M. LVNOn' III Il. 1'.\ MY llOIIBION , cc ClII040 . EXPIRES: ftINIy 18. ,. IIandId 1In ...., NIIIIIJIdIIwlIn Page -3- hnn 'J nl'-'-nlll..nnr "'''^''^Ut.l U"""Utl ^^.,^ I"..\J' Aft f'"''