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Grant of Easement and Agreement I Draft 9-9-13 This Instrument Was Prepared By, And After Recording, Return To: Graham Penn, Esq. Bercow Radell & Fernandez, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 GRANT OF EASEMENT AND AGREEMENT FOR STORM WATER AND TRANSPORTATION IMPROVEMENTS This Grant of Easement and Agreement for Storm Water and Transportation Improvements (the "Easement" or the "Agreement") is made and entered into as of the day of September, 2013, by 500 ALTON ROAD VENTURES, LLC, a Florida Limited Liability Company having an address at 2200 Biscayne Boulevard, Miami, Florida 33137 (hereinafter "Grantor") and the CITY OF MIAMI BEACH, a municipal corporation duly organized and existing under the laws of the State of Florida, having an address at 1700 Convention Center Drive, Miami Beach, Florida 33 139 (the "City" or"Grantee"). RECITALS A. Grantor is the owner of the real property that is legally described in Exhibit "A," attached hereto and made a part hereof (the "Property"). Grantor has obtained approvals from the City to develop the Property and adjacent land with a mixed-use commercial and residential development (hereinafter"the 600 Alton Project" or"Project"). B. Grantor has sought the approval of the City for the closure of an alley located in the 500 block of Alton Road. The alley closure is necessary for the development of the 600 Alton Project. The Grantor had previously sought approval for closure of an alley located in the 500 block of Alton Road, which had been dedicated to the City through a quit claim deed recorded at Official Record Book 24721, Pages 1743 through 1761 of the Public Records of Miami-Dade County, Florida. The alley dedication had followed the City's closure of the majority of the block's original platted alley through City Commission Resolution 2005-25869. Because there is some doubt as to whether all of the conditions subsequent to Resolution 2005 were satisfied, ratification of the closure of that prior alley vacation is included in the approval of the current closure request. C. The City has long sought a solution to providing a pedestrian connection across Fifth Street on the western edge of the City. The construction of such a connection would allow pedestrians to utilize the existing and planned public "baywalk" along Biscayne Bay and would otherwise improve pedestrian connectivity in this area of the City. The City has been hampered in these efforts by, among other things, a lack of available right of way in which to construct portions of a pedestrian overpass on the north side of Fifth Street. D. The City's recently completed Citywide Storm Water Management Master Plan study determined that the area in which the Property is located has an area-wide deficiency that could lead to worsening flooding conditions during extreme events. The City has determined that additional on-site storage of storm water on private property can assist in remedying the City's deficiency and therefore reduce the risk of flooding. On a per acre basis, the 600 Alton project would need to provide for 287,980 gallons of on-site storage to help reduce the area-wide deficiency. E. In exchange for the City's closure of the above-referenced alleys, the Grantor has agreed to grant an easement to the City over, across, under and through the Property for purposes of the installation, operation, maintenance, and repair of pedestrian or other transportation related improvements, including but not limited to a pedestrian overpass (including the installation of any subterranean infrastructure). F. The City shall bear any and all costs of construction, installation, operation, maintenance, and repairs, associated with the operation and use of any future improvements necessary for the proposed pedestrian overpass or other transportation related improvement upon the property G. In exchange for the City's closure of the above-referenced alleys, Grantor has further agreed to design and install storm water improvements consisting of subterranean storage tanks providing storage for at least 287,980 gallons on the Property. These improvements shall be designed to accommodate storm water from the immediate vicinity and shall be employed during periods that the City's local storm water management system is overburdened. The Grantor reserves the right to utilize water stored in the subterranean tanks for irrigation purposes. Upon the construction of the storm water improvements, the Grantor shall thereafter be responsible for the continued management and maintenance of the storm water improvements. The Grantor has agreed to provide the City with an easement to inspect the facility to ensure proper maintenance. The transportation and storm water improvements shall collectively be referred to as the Easement Improvements. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and by this reference are incorporated as if fully set forth herein. 2. Pedestrian Overpass or other Transportation Improvements. 2.1 Easement. Grantor hereby grants to the City, for the use and benefit of the public a non-exclusive easement over, across, under and through the western thirty-seven (37) feet of the Property ("Easement Area V) for the purposes of the construction, installation, operation, use, maintenance, repair, and replacement of portions of a pedestrian overpass crossing Fifth Street or any other public transportation related purpose as determined necessary by the City for the area. 2 2.2 Construction of Pedestrian Overpass and Related Improvements. The City at its sole discretion may perform, or cause to be performed, at a time deemed appropriate at the sole judgment of the City, a pedestrian overpass or other public transportation improvements, and if pursued, shall be at its sole expense, in a good and workmanlike manner, and in full compliance with all rules, regulations, permitting requirements, codes, laws and ordinances of all governmental and quasi-governmental authorities having jurisdiction. Upon completion of any construction activity in Easement Area 1, the City shall immediately: (i) remove all construction debris and equipment; (ii) fill and compact all excavations; and (iii) grade and restore the surface of the Property to the same condition as existed prior to commencement of such work. 2.3 Maintenance. The City agrees to construct, install, maintain, and repair (as necessary) transportation improvements it constructs or causes to be constructed in Easement Area 1, so that same is at all times in good working order and condition and free of material defects, subject only to occasional interruption of service due to: routine or extraordinary maintenance, or repair thereof. 3. Storm Water Improvements. 3.1 Easement. Grantor hereby grants to the City, for the use and benefit of the public a non-exclusive easement over, across, under and through the portion of the Property not within Easement Area 1 (hereinafter "Easement Area 2"), for the purposes of the use, inspection, maintenance, repair, and replacement of subterranean storm water improvements designed to accommodate at least 287,980 gallons. 3.2 Design and Construction of Storm Water Improvements. The Grantor shall perform, or cause to be performed, the installation of subterranean storm water improvements designed to accommodate at least 287,980 gallons and any and all related improvements in Easement Area 2 at its sole expense, in a good and workmanlike manner, and in full compliance with all rules,regulations,permitting requirements, codes, laws and ordinances of all governmental and quasi-governmental authorities having jurisdiction. The design of the improvements shall consistent with that shown on the attached Exhibit "B" and shall be reviewed and approved by the Director of the City's Public Works Department and all other reviewing authorities of the City and other governmental agencies with jurisdiction. The storm water improvements shall be substantially complete prior to the issuance of a certificate of occupancy for any portion of the 600 Alton Project as approved through Planning Board Order No. 2094 that is located south of Sixth Street. A copy of the Planning Board Order for the Project is attached as Exhibit"C." The storm water improvements may, at the Grantor's discretion, be designed so that the system may also serve the stormwater needs of the 600 Alton project by expanding the storage capacity to accommodate 287,980 gallons of public stormwater plus such additional allocation as the Public Works Director in writing may approve. Any stored water may be used for irrigation of the Property and adjacent land. 3.2 Maintenance. Upon the completion of the storm water improvements to the satisfaction of the City, the Grantor shall thereafter maintain, and repair (as necessary) the storm water improvements, or necessary portions thereof, so 3 i that same is at all times in good working order and condition and free of material defects, subject only to occasional interruption of service due to: routine or extraordinary maintenance, or repair thereof. In the event that the City elects to substantially modify or replace the installed improvements, the Grantor's maintenance obligation shall cease. 4. Effective Date and Term. The above Easements shall become effective upon the recordation of this Easement and Agreement in the Public Records of Miami-Dade County, shall run with the land, and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Grant of Easement and Agreement for Storm Water and Transportation Improvements is recorded after which time it shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the City. The Grantor's obligations to construct the storm water improvements shall terminate upon the acceptance of the improvements by the City. 5. Successors and Assigns. This Easement and Agreement shall bind, and the benefit thereof shall inure to,the successors and assigns of the Grantor and City. 6. Limitation. It is the intention of the parties hereto that the above Easements shall be limited to and utilized solely for the uses and purposes expressed herein. The surface of the Property under which subterranean storm water improvements are located shall at all times continue to be used by Grantor and its invitees as pedestrian walkways and landscaping, except as necessary during times of construction and installation of the storm water improvements and, thereafter, during maintenance, or repair activities, as provided in Section 3 hereof. 7. Indemnification. A. Following formal acceptance of this instrument by the Miami Beach City Commission, and to the extent permitted by and subject to the limitations of Section 768.28, Florida Statutes, the City shall indemnify and hold harmless the Grantor from all and against all suits, claims, judgments, and all loss, damage, costs or charges including attorney's fees and court costs arising from City's or its agents' or employees' acts or omissions, in any way connected with the installation, location, repair, maintenance, use or replacement of any Easement Improvements. This indemnification shall survive any cancellation of this Easement. B. The Grantor shall indemnify and hold harmless the Grantee from all and against all suits, claims,judgments, and all loss, damage, costs or charges including attorney's fees and court costs arising from Grantor's or its agents' or subcontractors' acts or omissions, in any way connected with the installation, location, repair, maintenance, use or replacement of any Easement Improvements. This indemnification shall survive any cancellation of this Easement. C. Notwithstanding anything contained in Section 7 to the contrary, the City shall not be obligated or liable to Grantor, or any third parties, for any costs, liabilities, expenses, losses, claims or damages, with respect to third party claims resulting from the negligence, recklessness or willful misconduct of Grantor or its officials, employees, contractors, or agents. 8. Default. A. Default by Grantor. In the event of a default by Grantor in the installation or 4 maintenance of the storm water improvements such that the public health, safety, or welfare is at risk, the City shall give written notice to Grantor, specifying the nature of such default. Grantor shall have a period of ten(10) days following receipt of said notice in which to remedy the default (or such longer time as may be necessary and reasonable, provided Grantor shall have commenced a cure within said 10-day period and is diligently and continuously prosecuting same to completion); failing which the City shall have the right to effect the required repairs so that the risks to the public's health, safety, or welfare have be resolved. B. Default by the City. In the event of a default by the City in the construction, use, operation, maintenance, repair or replacement of the pedestrian overpass or other transportation improvements or the use, operation, of the storm water improvements in a manner that creates a risk to the public health, safety, or welfare or the Grantor's use and enjoyment of the Property and adjacent land, or in the event that the City violates any other term, covenant and/or condition of the Easement and Agreement, Grantor shall give written notice to the City, specifying the nature of such default. The City shall have a period of ten (10) days following receipt of said notice in which to remedy the default (or such longer time as may be necessary and reasonable, provided the City shall have commenced a cure within said 10-day period and is diligently and continuously prosecuting same to completion); failing which Grantor shall have the right, but not the obligation, to access the storm water improvements, for the limited purpose of effecting the required cure. All costs incident to curing a default by the City under this subsection (B) shall be the sole responsibility and obligation of and, accordingly, shall be borne by, the City. 9. Enforcement. In the event it becomes necessary for any party to defend or institute legal proceedings as a result of the material failure of either party to comply with the terms, covenants and conditions of this Easement and Agreement, the prevailing parry in such litigation shall recover from the other parry all costs and expenses incurred or expended in connection therewith,including,without limitation,reasonable attorneys'fees and costs, at all levels. 10. Venue; Jurisdiction. This Easement shall be governed and construed in all respects in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions. Further, all parties hereto agree to avail themselves of and submit to the personal jurisdiction of the Courts of the State of Florida in Miami-Dade County. BY ENTERING INTO THIS EASEMENT AND AGREEMENT, GRANTOR AND THE CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL_ LITIGATION RELATED TO, OR ARISING OUT OF, THIS EASEMENT. 11. Interpretation. No provision of this Easement and Agreement will be interpreted in favor of, or against, any of the parties hereto by reason of the extent to which any such parry or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof. 12. Counterparts. This Easement and Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute a single document. 15. Notices. Any and all notices required or desired to be given hereunder shall be in writing and shall be deemed to have been duly given when delivered by hand, when received if sent by recognized overnight courier or three (3) business days after deposit in the United States mail,by registered or certified mail,return receipt requested,postage prepaid,and addressed to the 5 address set forth immediately beneath each party's signature below (or to such other address as either party shall hereafter specify to the other in writing). Any party may change the address for notice purposes by giving written notice thereof to the other parties, which shall be effective upon receipt by each of the other parties. For the present, the parties designate the following as the respective places for giving of notice, to wit: FOR GRANTOR: 500 Alton Road Ventures, LLC 2200 Biscayne Boulevard Miami, Florida 33137 Attn: Sharon Christenbury With a copy to: Graham Penn, Esq. Bercow Radell & Fernandez, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 Email: gpenngbrzoninglaw.com FOR CITY: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Fax: (305) 673-7782 With a copy to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Fax: (305) 673-7002 Director of Public Works City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Fax: (305) 673-7028 14. Entire Easement. This Easement and Agreement constitutes the entire agreement between the parties hereto relating in any manner to the subject matter of this Easement and Agreement. No prior agreement or understanding pertaining to same shall be valid or of any force or effect, and the covenants and agreements herein contained cannot be altered, changed or 6 supplemented except in writing and signed by the parties hereto. 15. Severability. If any clause or provision of this Easement and Agreement is deemed illegal, invalid or unenforceable under present or future laws effective during the term hereof, then the validity of the remainder of this Easement and Agreement shall not be affected thereby and shall be legal, valid and enforceable. 16. No Waiver. The failure of Grantor or the City to insist in any one or more instances, upon strict performance of any covenant or agreement in this Easement and Agreement will not be construed as a waiver or relinquishment of the future enforcement of such covenant or agreement, but the same will continue and remain in full force and effect. 17. No Transfer of Fee Simple Title. This Easement and Agreement shall never be construed as a conveyance, in any manner whatsoever, of fee simple title to any portion of the Property, it being intended by the parties hereto that this Agreement conveys only easements for the uses and purposes set forth herein, and subject to the terms and conditions set forth herein. 18. No Public Grant. Nothing in this Easement and Agreement shall be deemed to be a gift or dedication of any area for public use, other than as specifically set forth herein. Except as specifically provided herein, all rights, easements, and interests herein created are private and do not constitute a grant for public use or benefit. 19. Third Parties. Nothing expressed or implied in this Agreement is intended, or shall be construed, to confer upon or give any person or entity, other than City and the Grantor, any rights or remedies under, or by reason of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ICI 7 IN WITNESS WHEREOF,the parties hereto have duly executed this Grant of Easement as of the date and year first set forth above. Signed, sealed and delivered GRANTOR: in the presence of: 500 ALTON ROAD VENTURES,LLC, a Florida Limited Liability Company By: Print Name Name: Title: Print Name STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this day of 2012, by as of 500 ALTON ROAD VENTURES, LLC, a Florida Limited Liability Company on behalf of such limited liability company, who is personally known to me or has produced a driver's license as identification. Print or Stamp Name: Notary Public, State of Florida at Large Commission No.: My Commission Expires: 8 IN WITNESS WHEREOF,the parties hereto have duly executed this Grant of Easement as of the date and year first set forth above. Signed, sealed and delivered GRANTEE: in the presence of: CITY OF MIAMI BEACH, a Florida municipal corporation Attest: By: City Clerk Name: Title: STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this day of 2013, by as of the City of Miami Beach, a Florida municipal corporation on behalf of such municipal corporation, who is personally known to me or has produced a driver's license as identification. Print or Stamp Name: Notary Public, State of Florida at Large Commission No.: My Commission Expires: APPROVED AS TO FORM& LANG GE EXEC TI q 13 tto y to F:\ATTO\HELG\Agreements\500-600 Alton Road\500 Alton Easement 2013 rev EC and GH,GP clean 9-4-13.docx 9 COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 3921 SW 47TH AVENUE, SUITE 1011 DAVIE, FLORIDA 33314 CLIENT CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS PHONE (954) 689-7766 FAX (954) 689-7799 LAND DESCRIPTION AND SKETCH LAND DESCRIPTION: A PORTION OF LOTS 1, 17, 18 AND 19 OF "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 00°22'51" EAST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 7.48 FEET TO THE POINT OF BEGINNING AND A POINT ON A TANGENT CURVE, CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 65.5 FEET, A CENTRAL ANGLE OF 87000'49" AND AN ARC DISTANCE OF 99.47 FEET; THENCE SOUTH 86 038'28" WEST, A DISTANCE OF 112.67 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 19 033'06" WEST); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 29.30 FEET, A CENTRAL ANGLE OF 46 006'19" AND AN ARC DISTANCE OF 23.58 FEET; THENCE NORTH 24'20'35" WEST ALONG THE WESTERLY LINE OF SAID LOT 17, A DISTANCE OF 14.63 FEET; THENCE NORTH 89 037'56" EAST, A DISTANCE OF 125.06 FEET; THENCE NORTH 59018'01" EAST, A DISTANCE OF 83.74 FEET TO THE POINT OF BEGINNING. LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI/DADE COUNTY, FLORIDA; CONTAINING 5,415 SQUARE FEET MORE OR LESS. REVISIONS DATE FB PG DWN CKD PROPERTY ADDRESS LAND DESCRIPTION g SKETCH 07/30/13 ---- AV REC LAND DESCRIPTION 500 BLOCK, MIAMI BEACH & SKETCH FOR SCALE: N/A EASEMENT SHEET 1 OF 3 COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 3921 SW 47TH AVENUE, SUITE 1011 DAVIE, FLORIDA 33314 CLIENT CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS PHONE (954) 689-7766 FAX (954) 689-7799 LAND DESCRIPTION AND SKETCH jjE EN I S tS6 ao` 24�1 •63 / \. I "AMENDED PLAT OF AQUARIUM SITE %-- I RESUBDIVISION" ; ID I (P.B. i 21, PG. 83, M/D.C.R.) -3�, Iai II qOi ) I p p IV �� -i t � • I rA � 1v`O I Iw V � b o Y I I Z l c,,` ' 1 A I 1 .EAST_LINE—LOT-17, _ � _ _ _._._ _ _- _ _I_ _ _ _ _ _ _ _ O WEST LINE-LOT 18 I o �o P yw rrI-0 O rl7 ,D' LOT 18 r ch rn Z v I Ir'+ _ � � _ ,._ EAST LINE-LOT 18_ WEST LINE-LOT 19 n :y N N ( \\ a ;IN N o I�? -x I LOT 19 Z I _ _ _ _ _EAST LINE-LOT_19_ _ I I r WEST LINE-LOT 1 _ 30.0' V! 10 > r 1 G 0 1 I a D coo ;a I m r r ; 1 �'o `�� �' I I ,� � '� ►li`Gn O � o, , I S0022'51'E' POB F7.481 EAST LINE-LOT 1! I I PO � I 1 ALTON ROAD ,I I -NORTHEAST CORNER cn cn LOT 1 i o (P.B. 21, PG. 83, M/D.C.R.) REVISIONS DATE FB PG DWN CKD PROPERTY ADDRESS LAND DESCRIPTION &SKETCH 07/30/13 ---- AV REC LAND DESCRIPTION 500 BLOCK, MIAMI BEACH & SKETCH FOR SCALE: 1 = 30 EASEMENT SHEET 2 OF 3 COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 3921 SW 47TH AVENUE, SUITE 1011 DAVIE, FLORIDA 33314 CLIENT CERTIFICATE OF AUTHORIZATION : LB # 6448 CRESCENT HEIGHTS PHONE (954) 689-7766 FAX (954) 689-7799 LAND DESCRIPTION AND SKETCH LEGEND: CKD CHECKED BY DWN DRAWN BY FB/PG FIELD BOOK AND PAGE POB POINT OF BEGINNING POC POINT OF COMMENCEMENT P.B. PLAT BOOK M/D.C.R. MIAMI/DADE COUNTY RECORDS SQ.FT. SQUARE FEET POB POINT OF BEGINNING R RADIUS A ARC DISTANCE 0 CENTRAL ANGLE NOTES: 1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 5. BEARINGS SHOWN HEREON ARE ASSUMED. I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH" IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION IN JULY, 2013. 1 FURTHER CERTIFY THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE MINIMUM TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON. 4e. e;Lo FOR THE FIRM, BY: ------------------------------------ RICHARD E. COUSINS PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO. 4188 REVISIONS DATE FB PG DWN CKD PROPERTY ADDRESS LAND DESCRIPTION a SKETCH 07/30/13 ---- AV REC LAND DESCRIPTION 1500 BLOCK, MIAMI BEACH, & SKETCH FOR SCALE: N/A EASEMENT J(SHEET 3 OF 3 M z r D r � mi,� !'I„ O I j m Ln -p m N O _ � f H 8�M H a} CD CD TvT C V p if i r, ��•.: { 'ftb`� CD O } ;� ff ■ ■ ■ ■ ■ ■ r. �. ■ ■ ■ ■ Easement q. f .>•� M A. CD V ice■ OIV, ,! T Property Line m n 0 Z - I,a JYV . - q r16 r �e