HomeMy WebLinkAboutDocumentation_Regular_Tab 17_07/11/2013 VILLAGE CLERK'S Redistributed from June Council Meeting
AGENDA ITEM TRANSI�
9 9 Yp 9 i C}rdinance #: 16-1;3 ______,
Meetin Date: Meetin T e: Re ular
� 6/13113 ;
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; , Consent Agenda: No � Resolution #: �
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' � Originating Department: Attorney !
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Ordinance 16-13, First Readinq, Proposing #he Annexation into the Village of Tequesta of Approximately
� 44,52 Acres, more or less, of Unincorporated Land Known Informally as Riverside Pines, Riverside on the
Loxahatchee, River Pines, and #he Adjacent Unplatted Area, and more Particularly Described Herein;
Providing that a Referendum Vote of the Registered Electors of the Area Proposed to be Annexed Shall b.:
held at a Special Election Called for the Purposes of Holding the Referendum on August 27, 2013 Pursuant #�
Sec. 171.0413, Ftorida Statutes and Sec. 4.02 of the Village of Tequesta Charter; Providing Ballot Languagc
� and lnstructions to Voters; Providing for Notice af th Referendum
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Account #: � Amount of this item:
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Current Burigeted Amount Available: ; Amount Remaining after itenn:
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Budget Transfier Required: - � Ap�r��riate l=��ad �alance:
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Department Head `- . �
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� Finance Director � , � • �
, � �C�L ��.t,:t:_.[;�s� �•�fG'r e .;•r_ �;,,,,.,�;
Reviewed for Financial Sufficiency ❑ � �- '
No Financial Impact ❑ ; ���� ��-���� � �
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Attorney: (for legal sufficiency) �
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Village Manager: � _..�__._--� ___-- -- j
Submit for Council Discussion: ❑ � �
� Approve Item: ❑ i
i Deny Item: � �; (
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June 5, 2013
Departrnent of Planning, ,
Zoning & Buildin� � Niisa Zacarias
z300 Nurdi )og hoad �j COCII(llUfllt�/ �BVE�Opl7lBnt �II'eCtOt"
Wes[ Palm Beach, PI_ 3341 t-27� I ! Ul��ag@ Of �2C�U�Sta
�-�E>>> zi3�`�c��� � 345 Tequesta Drive
� - �equesta, FL 33469-0273
Yla�uiin� ��ivi,ion L33-5300 �
Zoruni; Uiv�sion `�33-520U '
i RE: Proposed Annexations Riverside Dr Area C Referendum 2013-60-002
Rulld�ng U'�vision ".',33 510U ! '
<.�ae I..nf��r����,�Pt,. z�s-ssoo & Sandpointe Bay Referemdum, 2013-60-003
Contractors Cerhf�cation �33 55'LS �
�dininistration Offic�e 233-5005 � �ear MS. ZBCa(18S:
l�xr:cuuve OFfue "�33-5228 �
,�, ; Thank you tor providing the County w+th the Urban Services Reports for t�nro
; proposed referendum annexations sum«iarized below:
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� I ��Name J[Descnption �
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', Riverside Dr Area C�Acres: 28 99 !
Palm Beach County � �i Referendum (;Locatio��: VVestleast sides of N Riverside Dr north of Tequesta Dr ��
Board af Coun I� � �
ty �' 2C13-60-002 iFirst Reading. 6/13/2013 Second Reading_ 7�1112013 �
�o"'°"SS�o"e`5 ��Referendum:8/27/2013 Effective:9/6/2013 '
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Ste�en L,�brams, �4ayor , �) Sandpointe Bay Acres: 7.49
i�ns, �u� �� r aylor, V�r_e Mayor �' Referendum ��ocation: East s,de of US Highvday 1, less than 1,000 ft south of ;�
; �) the Maitin County i�o�mdary ��
Hal Ft Valeche
i� 2013-60-003 � First Reading: 6/13i20�3 Second Reading: 7/1 1/2013 1
Y,�,tPu� Ei��rd��:k � � Referendum: 8/2ll2013 Effective: 9!6/2013 �
Shelley Vana
Th: Nro,�os�d ar:nexations wc-., t� r�; o,�ess�� th� o�agh t�e Gounty's ,^�n� �e;:atic� :
�ti�<ir , Review Process. County staff has not identified any inconsistencies with Chapter
��55 k s�„<<,�,,,jr�, j 171, Florida Statutes. �he fallowing comments were submitted by the County
; Departments and Agencies through the departmental review:
I Riverside Dr Area C ReferendurY�
I
County Administrator � a County's Engineering staff requests that a transfer of ownership, operation
� and maintenance of the following rights-of-way be processed for Area C:
Robert Weisnian �
, Riverside Dr Nicole Cir Collette Dr and River Pines Ct. An interlocaf
' agreement between the Countv and the Village should be processed to
; transfer the rights-of-way upan or after the effective date of the referendum. '
I
� s The Palm Beach Sheriff's Office recommends that upon approval of the
' referendum, all iaw enforcemenz needs on the roadways that fall �nrithin tl��_�
�� municipality should be i esponded ±o by Tequesta Police Department.
"An Fqi�af Upporturiity
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flffirrric�N��eACtinnEmp�oy2r"' ,
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P�, y� �
�tiA C Teq�esta Annexations
s � ���� Vliecfnesclay, Jur1e 05, 2013
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�gORI�� Sar�dpoint Bay Referendum:
� Caunty s Engineering staff st�ies that the US-1 righ#-of-way should be
i�zcl�_ided in the annexation area Since this is a State-maintained road,
tl�ere is no requirement'to transfer the operation and maintenar�ce.
� l he Palm Beach Sheriffs C�ffice encourages the Viilage to t;t�ntinue its
efforts towards the annexation of the remaining unincorporated area
sur�rounding the prop�sed Sandpainte Bay annexation.
Pleas� contact the foHowirig staf� if y:.�� `�ave questions regarding their comments:
Uepartment of Engineering, contact Tamn7y Lee at 561-684-4019; Sheriff's Office,
contact Jo-Anne Rockoffi at 5�1-688-3274. For any other questions or comments,
con±act Patricia Behn, 5enior Pianner, at 561-233-5332.
Siiicerely,
i ��17(/� � , �
Lorenzo Ag emo
Plar�ning Director
cc The Honorable Hal R Valeche, District 1 Cemmissianer Patricia Behn, Senior Planner PBC
Rebecca D Cald�vell PZ86 Fxecuiive I:irector Tammy Lee, Engineenng Dept
t�Aichael Couzzo Jr., Village Manager l equesta Jo-Anne Rockaff. Sheriffs Oifice
3ob Sanks, AICP, Chief Land Use Cour,ty Attorney
\���L.c-:ovlpzblclalalPlanninyllnteryo��einmentafV�>nnexanons'.2C�i'3 Flscai YearALt:tters'�leq-Fliversid� Lr �
�` VILLAGE OF TEQUESTA
To: Mayor and Village Council
From: Nilsa Zacarias, AICP, Director �f Commur�ity i.?evel�pment
Date: June 3, 2Q13
Ref,: Ordinance 16-13 & Ordinance 17-13
Annexation Referendum of Area C and Sanpointe Bay Condaminium
The Village of Tequesta is purs�ring an annexation referendum on August 27, 2D13. In
com�liance wirh Floridv Statutes, Village �taff hus conducted the following tasks:
URBAN SERVICE REPORT
Per Florida Statutes 171.0�13, the Village of Tequesta tr to �alm Beach County two
Urban Service Reports pertaining to the following proposed annexation areas:
- Ordinance 16-13 prov�des fui ihe annexatian referendum of properties inclu�ed in A;ea
C- Riverside Pines, Riverside on the Laxohntchee, River Pines, and the Adjacent Unplatted
Area.
- Ordinance 17-13 pro!�ides �or the crnnexation referendum of properfiies incluclec� �n
Sandpointe 8ay Condo;ninium.
The subject reports shail be fi;ed vJith �i�e Boarc� of County Comrr,issioners at least fifteen days
pr�or to the Village initiating -_�nnexatior� prr,ceE�dirigs. First Reading of l7rainances 16-13 and :1,'-
� 3\NIII �P ;une 13, 2013; aru Seccr;d P, ea�irg �f #he s�?bjert O r�inarces �r�i!! be �or�i�c c�
luly ? 1, 2013. Both Urban Sen�ice R��orts were subrnitted to Palm 5eac�h County on M��y �.�,
Z.)13,
WRITTEN NQTICE T� RE�IDENTS/FR(�PE�TY C�!1/NERS
Pur�uant to Florida Statutes '_?1.04:` ;3), tf�e Village af Tequesta shall prcvide to resi�lent� and
prooerty owners of the �ubject annexation areas a writteri notice of the a,inexaticr Ordin�nces
ten {1Q) days prior of the First Reading of the Ordinances. The subject writte.n_no*;ces v:�ere
mailed un M ay 29, 2 013.
ORDINANCE N0.16-13
AN ORDINANCE OF TI� VII.LAGE COUNCII, OF THE VILLAGE OF
TEQUESTA, FLORIDA, PROPOSING TI� ANNEXATION INTO TI�
. VII.LAGE OF TEQUESTA OF APPROXIMATELY 44.52 ACRES, MORE OR
LESS, OF UNINCORPORATED LAND KNOWN INFORMALL� AS RIVERSIDE
PINES, RiVERSIDE ON THE LOXAHATCI�E, RNER PINES, AND THE
ADJACENT UNPLATTED AREA, AND MORE PARITCULARLY DESCRIBED
HEREIN; PROVIDING THAT A REFERENDUM VOTE OF THE REGISTERED
. ELECTORS OF THE AREA PROPOSED TO BE A��NF�D SHALL BE HELD
AT A SPECIAL ELECTION CALLED FOR TI� PURPOSES OF HULDING TI�
REFERENDUM ON AUGUST 27, 2413 PURS�TANT TO SEC. 171.0413,
FLORIDA STATUTES AND SEC. 4.42 OF TI� VII.LAGE OF TEQUESTA
CHARTER; PROVIDiNG BALL(?T LANGUAGE AND INSTRUCTIONS TO
VOTERS; PROVIDING FOR NOTTCE OF TT� REFERENDUM; DIRECTIl�iG
THE VII,LAGE CLERK TO COORDINATE �VITH THE PALM BEACH
COUNTY SUPERVISOR OF ELECTIONS, AND PROVIDE A COPY OF THIS
ORDINANCE TO THE CHIEF ADNIINISTRATIVE OFFiCER OF PALM BEACH
COUNTY AND THE DEPARTMENT OF STATE WTI�IIN SEVEN (7} DAYS
AFTER TTS ADOPTION; PROVIDING A CONFLICTS CLAUSE AND A
SEVERABII,ITY CLAUSE; PROVIDING AN EFFECTNE DATE; AND FOR
OTHER PURPOSES.
WAEREAS, the Village Council of the Y'illage of Teqttesta, Florida, desires to annex certain
parcels of uaincwrgoratec3 land into the Village of Tequ�sta; a�
WHEREAS, said parcels are informally lmown as Riverside Pine.s, Riverside on the
Loxahatchee, River Pines, and th�e Adja�cent Unplatted Area, aad are comprised of approximately
44.52 acres, more or less; and
WI�REAS, the Village Council of the Village of Tequesta has made a finding that said
unincarporated par�els aze reasonably compact, oontiguous to the Village of Tequesta, and are
developed for iub�n purposes in �ccordance with Sec.171.043, Florida Statutes; and
WHCREAS, pursuant to the t+equirements of Sec.171.0413, Florida Statutes, and Sec. 4.02
of the Village of Teqt�sta Charter, the Village of Tequesta will submit to the registered electors of
the area. pmposed to be aanexed the question of annexation by referendum to be hetd at a special
election called for the purposes of holding the referendum on August 27, 20l 3; and
WHEREAS, the Village of Tequesta has caused to be preparEd an urban services report for
the area proposed to be annexe�, a�l has prnvided same to the Palm Beach CoUnty Board of County
-1• �
Commissioners puisuant to Sec.171.042, Florida Statutes; and
WIiC�AS, the Village of Tequesta has complied with all notice requirements of Sec.
17i .0413 and 171.(?42, Florida Statutes that pertain to this ordinance; and
WAEREAS, it is the op'vnion of the Village Council that it would be in the best public
interes#s that the real pmperty described herein be annexed into the Village of Tequesta, upan
approval of such annexation by the registered electors of the area proposed to be annexed at a
referendum to be held at a special election called for the purposes of holding the refet+endum on
August 27, 2013.
NOW, TIfEREFORF�, BE iT ORDAINED BY TAE VII.LAGE COUNCII. OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT: �
Sectioa l: The above recitals ar� t�ve and cornect, and are hereby incorporated and made
an integral part of this ordinance.
Section 2: The unincorpoz�ted land, consisting of approx'tmately 44.52 a�cres, more or
less, legally described as set forth.on E�ibit A aad made a part heneo� and as depicted on the map
attacbed hereto as Ex2ubit B and made a pact hei+eo� is hereby proposed for annexation into the
. Village of Tequesta pursuant to Section 171.0413, Florida Startutes, as permitted by Section 4.02 of
the Village of Tequesta Charter. .
'on 3: The Village Council of the Village of T�uesta hereby submits to the
registered electors of the azea �oposed to be annexed the question of annexation by reFerendwn to
be held at a special election called for the purposes of holding t�e referendum on August 27, 2Q13.
Section 4: The language to be placed on the August 27, 2013 ballot regardin$ said �
referendum s�all be as follows:
VILLAGE OF TEQUE5TA ANNEXATION OF RIVERSIDE PINES, �
RIVERSIDE ON THE LOXAAATCAEE, RIVER PINES, AND THE
ADdACENT UNPLAI°i'ED AREA
Shall the Village af Teq� annex the real property informal.ly known as Riverside
Pines, Riverside on the Loxahatchee, River Pines, a� the Adjaceat Unplatted Area,
_2_
as that property is fully described in Ordinance No.1 Cr13 of the Village of Tequesta,
Florida, effective upon the approval by a majority vote of tl� registered electors of
the area pmposed to be annexed?
YES — For annexation into the Village af Teqwesta of the real property fully
described in Ordinance No. 16-13 of the Village of Teq�xesta.
NO = Against annexation into the Village of Tequesta of the real property
fully described in Ordinanoe No. 16-13 of the Village of Tequesta
Seetion S: Putsuant to th�e requirements of Sec.171.0413(Zxb), Florida Statutes, notice
of the referendum on -annexation shall be pnblished once each w�k for two cox�secutive weeks
immediately pr�ceding the date of the referendum in a newspaper of ge�al ci�+culation in the area in
wtuch the referendum is to be held The form of said notice shall be pe�rsuant to the requ,ire�ments of
Sec. 171.0413(2xb), Ftorida S3tatutes.
S�an 6: The Village Clerk is hereby directed to coordinate with the Palm Beach
County Supervisor of Elections in order to include the above ballot question and language on the
August 27, 2013 special election ballot for the properly Iocated in the area proposed for annexation.
Section ?: The Village Clerk is hereby directed to provide a copy of this ordir�ance to the
Chief Administrative Officer of Palm Beach County and to the Department of State within seven (?�
days of the adoption of this o�inance.
SectiQn 8: All Ordinances of parts of Ordinances in conflict herewith are hereby
repealed-
Sectiaa 9: Should any Section or provision of this Ordinance or any portionthereo� any �
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not a�ect t� validity afthe n�nainderhereof as a whole or any part thereofotherthan
the part #o be declared invalid.
� This Ordinance shall take effect immediately upon adoption. The real
pmperty described herein shall be annexed into the Village of Teque� subjed to an affirmative vote
of the registered electors of the area proposed for annexation, to take place on August 27, 2013.
-3-
EXHIBIT "A"
VILLAGE OF TEQUESTA
ANNEXATiON AREA "C"
LEGAL DESCRtPT{4N
A PARCEL �F lAND LYING 1N SECTION 25, TOWNSHP 4Q SOUTH, RAN�GE 42 EAST, PALM
BEACH COUNTY, FI�RID�t, BEiNG ALl OF THE PLAT OF RNER3IDE PINES, AS RECORDED
IN PLAT BDOK 43, PAGES 18 AND 19, PUBUC RECORDS QF PAlM BFACH COUNTY,
FLORIDA, ALL OF THE PLAT OF RNER PtNEB, AS RECORDED !N PLAT BQOK 38, PAGES
15 AND 18, PUBLIC RECOROS OF PALM BEACH CDUNTY, FLORiDA; l0'fS 1 71�IROUGH 11,
BLOCK 3 AND THE RIGH7-0E-WAY OF NORTH DRNE, AS SH04NN AND RECORDED IN PLAT
�OOK 9, PAGE 4, PUBLtC RECORD5 OF PALM BEACH CUUNTY, FLORIDA; THE UNPLATTED
NC)T lNCLUDED PARCELS QF LAND, SHOWN iN THE PLAT OF TEQUESTA PINES, AS
RECORDED fN PiAT BOOK 34, RAGE 8489. PUBLIC RECORDS OF PALM BEACH COUNTY,
FlORfOA; THE RiGHT-0E-WAY OF RNERSIDE ORNE 7HAT LIES ADJACENT TO THE
PRECEDING DESCRIBED PLATS AND PARCELS. THE SUBMERGED LAND O� THE NORTH
FORK OF THE LOXAt�lATCHEE RNER, BOUNDED ON THE EAST Blf THE WESTERLY SHORE
L1NE OF SA{D LQTS 1 THROUCH 11, BLOCK 3 AND NORTH DRNE RIGHT-0FaiVi4Y
OF SAID PIAT OF RNERSIOE ON THE �.OXAHATCHEE, BOUNDED ON THE SOUTH BY THE
NORTHWEST�RLY EXTENS{�N O� THE SOUTHERLY I�ROPERT( LlNE � SAiD LOT 11,
BLOCK 3, OF SAID PLAT OF RIVERSIDE ON THE LOXAHATCHEE, BOUNDED ON THE WEST
BY THE CENTER�INE OF THE NORTH FORK OF THE LOXAHATCHEE RNER, BOUNQED ON
7HE NORTH BY THE EAST-WEST (IUARTER SECTION LfNE OF SAID SECTIQN 25, BEING
MORE PARTICULARLY DESCRtBED AS FOLLOWS:
BEGIN AT TME 1NTERSECTf4N OF THf CENTERLiNE E� THE NORTFi FORK � THE
LOXAHATCHEE RNER iMTH NORTHWESTERLY fXTENSIE�N OF THE SOUTNERLY PROPERTY
LINE OF SAiO Lf)T 11, BL�CK 3, RNERSiDE ON THE LOXAHATCHEE; TtiENCE
SOUTHEASTERLY AIONG SAlD NORTHWESTERLY EXTENS[ON ANQ ALONG SAID
SOUTHERLY LfNE OF SA4� LOT t 1 AND ALSO AtONG THE 80UTHEASTERLY EXTENSlON
OF SAID LOT 1 t t0 THE SOUTFiEASTERLY RIGHT-0E-WAY L#NE OF RNERStDE DRNE;
THENCE SOUTHWESTERLIf ALONG SAID SOUTHEASTERLY RIGHT-0F WAY LiNE TO 7'HE SOUTH
L{NE OF SAlD PlA7 OF R!1/ERSiDE RINES; �NENCE EASTERLY ALONG SA1D SOUTH LINE
OF RNERSlDE PINES TO THE EAST LiNE OF SA1D RNERSIDE PINES; TNENCE NORTHERLY
ALONG SRiD EAST l.INE OF RN�RSIDE PINES TQ THE NORTH LINE OF SAID RNER�IUE
PINES; THENCE WESTERLY ALONG SAID NORTM LtNE OF SAfO RNERSIDE PiNES TO THf
EASTERLY RIGHT-0F WAY LINE �F RNERSIDE ORNE; THENCE NORTHERLY ALONG SAID
EASTERtY RIGHT-0E-WAY LINE TO THE SOUTH L1NE OF A NOT iNCLUDED TRACT
BETWEEN PARCEL B AND PARCEL C AS SHOWN ON SAID PLAT OF TE4UESTA PlNES; THENCE
EASTERLY ALO�NG THE SOUTH LINE OF SAlD NOT tNCLUDED TRACT; THENGE NQRTHERLY
ALONG THE EAST LINE OF SAID TRACT; THENCE WEStERLY AE,ONG THE NORTH UNE OF
SAId TRACT TO THE EAST RIGHT-0E-WAY LINE OF RNERSIDE DRNE; THENCE NORTHEI�LY
ALQNG SAiD EAST RtGHT-0E-WAY LINE TO THE SOUTH LINE OF A NOT tNCLUI��D TRACT
. : DAZLEY
ANA ASSUCIATES. I1�G
Surve�yin� and AAaP�inQ
f 12 . t1. . Hipl�y No. 7
Tequs�tay FL 331eB
Phone: ('5611 �4E-64?e{
BU91NES3lJCENSE: LHN�27'&�
DATE: MAY 20, 2013 SHEET 1 OF 2 JOB NO.: 08-077-13
EXHIBIT "A"
V�LLAGE QF TEQU�STA
AN�iEXATIaN AREA "C"
LYING NORTH OF SRiD PARCEL B, OF 7HE PLAT OF TEQUESTA PiNES; THENCE EAS�ERLY
ALONG SAtD SOUTH LINE TO THE EAST LINE OF SAlD NOT fNCLUDEfl TRACT; THENCE _
NORTHERLY ALONG SAID EAST UNE TO 'i'HE NORTH LINE OF SAfD N�T lNCLUDED TRACT;
THENC� YVESTERLY ALONG 'fHE NORTH LINE OF SAfD TRACT TO THE NORTHEASTERLY
RIGHT-0E-WAY LlNE 01= RNERSIDE �RNE; THENCE NORTHINES"�RLY ALOM(3 SA1D
NORTHEAS'�ERLY RlGNT-0E-WAY LINE TQ THE NORTHERLY EXTENSION QF THE EAST LINE
OF LOT 147 OF SAID PLAT OF TEQUESTA PINES; TFIENCE SOUTHERLY ALONG SAiD
NORTHERl.Y EXTENSI4N AND ALONG THE EAST LINE OF LOTS 147, 146 AND 145 OF SAIQ
PLAT OF TEQUESTA PINES; TO THE NORTH L1NE OF SAIQ PIAT OF RNER P�IES; T1iENCE
VUESTERLY ALONG SAID NORTH LlNE T� THE IN�ST UNE OF' LOT 5 OF SAID PLAT OF
RNER PlNES; THENCE S4UTHERLY ALONG SAfD MIEST LINE OF lOT 5 TO THE NORTH UNE
O� tOT 6 OF SAfD PU4T OF RIVER PINES; THENCE 1NESTERLY ALONG SA#D NQR'T#�1 L1NE
OF SAtD LOT 6 TO THE WEST LiNE OF SAID LOT 6;1'HENCE SOUTHERLY ALONG SAtD
WEST UNE OF LOT 6 ANO ITS SOUTHERLY EXTENSiON TO 7'FiE EA3T WEST QUARTER
SECTION LlNE t3F 3AID SECTfON 25; THENCE Ui�S7ERLY ALONG SAlD EAS7 WEST
�UARTER SECTtON LfNE TO THE CENTERLINE 06 iliE NORTH FQRK OF THE
tOXAHATCHEE RMER; THENCE SOUTHERLY ALONG SAtO CENTERUNE TQ THE PO4NT
QF SEGINNING.
CONTAINING 44.52 ACRES, MORE t�2 LESS.
DAiLEY
AND ASSOCIATES ING
Surveyin�and Mapping
,�z r�. u. rep�+.y na. t
T�. FL. 83r6D
Phone: (Sd1) T4d�&[�4
BUSiNESS 110EN8E: L.BR 2798
DATE: MAY 20, 2013 SHEET 2 OF 2 JOB NO.: 08-077-13
EXHIB(T "B"
SKETCH OF LECAL
(THtS IS NOT A SURVEY}
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PB = PIAT BOa1C ,s 4 NICaLE qR s� uZ!
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