HomeMy WebLinkAbout1997 04 28 Regular Item C
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COMMISSION AGENDA
ITEM C
REGULAR X
CONSENT
INFORMATIONAL
April 28. 1997
Meeting
REQUEST: Land Development Division requesting Commission approval for recordation of
the Replat of Lots 23 thru 26, Chelsea Pare at Tuscawilla, Phase II, Plat Book 46,
Page 64 and 65.
PURPOSE: The purpose of this Board Item is to record the Replat of Lots 23 thru 26, Chelsea
Parc at Tuscawilla, Phase II, Plat Book 46, Page 64 and 65 (those lots located on
the east side of Creekside Drive and backing up to the western edge of Greenbriar
Lane), This replat will correct a surveyor's error on the original plat which led to
three (3) lots being out of Code compliance.
HISTORY: The surveyor's error first came to the attention of the City on October 6, 1995.
Various meetings were held and presentations made to the City Commission on the
problems encountered by the three (3) property owners who built their homes
under the assumption that the original plat was correct. The error was found when
a home was built on a fourth lot.
The developer of record, since released from the firm, told no one about it, and
commenced moving fences, etc., to confirm to the new property lines once the
error was noticed. It was at this time that the property owners contacted the City
with their concerns,
The determination, by the Commission and the Staff, was that the proper way to
correct the problem was to replat the four (4) lots. The fourth lot had to cede
some property to achieve the proper correction.
This solution was diligently pursued by Mr. Robinson, the present developer of
record, culminating in the final signatures April 10, 1997.
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April 28, 1997
Regular Agenda Item
Page 2
FINDINGS: The surveyor-of-record has sealed the replat as being correct, the concerned
property owners have signed the plat, and the different mortgage companies have
affixed their signatures to the replat.
RECOMMENDA TION:
The recommendation is that the Commission approve the recordation of the Replat
of Lots 23 thru 26, Chelsea Parc at Tuscawilla, Phase II, Plat Book 46, Page 64
and 65.
ATTACHMENTS:
April 14, 1997
- Land Development Coordinator Memo to City Attorney
March 3, 1997
- Bob Robinson Letter to City Manger
Replat of Lots 23 thru 26, Chelsea Parc at Tuscawilla Phase II, Plat Book 46,
Page 64 and 65
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April 14, 1997
To:
Frank Kruppenbacher, City Attorney ~
Don LeBlanc, Land Development CoordinatorCif
From:
Re:
Chelsea Pare at Tuscawill, Phase II, Replat
Proposed Plat
Attached for your legal review is the above referenced Replat for Lots 23 thru 26. As you may
recall, there was an error on the original plat which put three (3) lots out of compliance. The
direction of the City Commission was that this be corrected. This replat is the result of that
direction. All appears to be proper.
I intend to have this as a Board Item at the Commission Meeting scheduled for April 28, 1997.
cc: City Manger (w/o attch)
MRR-03-1997 22:25 FROM
I B IS, I ~n' L Il'llJEST SlJes
TO.
3276912
P.02
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3 March, 1997
CJ{P.J:.SP.)l <Pjt~ INC
General Plll'tner
730 Lake Crest Cove, Suite B
Altamonte Springs, FL 32701
VIA F ACSIMlLE ONLY
Mr. Ron McLemore, City Manager
'7 Mr. Don LeBlanc
City of Winter Springs
Winter Springs, FL
RE: Progress Report - RE-PLAT EFFORTS FOR CHELSEA PARC at TUSCAWILLA Lots 23,24,25 and 26 to correct
side yard setback deficiencies resulting from Scrivener's Error
Dear Ron:
The re-plat document to correct this matter has been signed by all 4 property owners and three of the mortgage
companies. The original re-plat document has been in the hands of Ms. Gwen Certain's mortgage company in Minnesota
since October 1996. I have frequently been in touch by phone, fax and mail to secure their favorable approval action,
execution of the re-plat and its return to me.
For various reasons, they have demanded such things as a real estate brokers opinion to
1. establish the value of the house and lot of Ms. Certain as it is before the addition of the strip ofland
2. establish.e the value of the 150 SF piece of land from Chant (lot 26) to Certain (lot 25)
3. establish the value of the house and lot of Ms. Certain after the transfer of the strip and recording the
re-plat,
Amended Loan Modification agreements from Ms, Certain,
Recording fees and expenses for filing correcting documents,
They asked several hundred dollars in processing fees which I felt unreasonable as I was attempting to correct a
desription which made their principal security defective due to lack of adequate side yard setback. After
weeks, they finally relented on this matter after much discussion.
Additional releases or disclaimers from various parties, all of which I have dutifully attempted to obtain.
Delayed responses to my calls, faxes and letters ( often weeks or more)
This incessant barmge of demands has resulted in protracted delay in obtaining the signature of the one mortgage
company most involved. I ex~ to have all matters and actions to satisfay Ms. Certain's lender within the next 3 to 4
weeks and hopefully they exeCute and return the re-plat document.
Please accept my sincere apology for this protracted process, which has been vigorously pursued by me ~ith
utmost concern. I do hope the entire matter can be closed within the next two months.
.~_...- -'-...
....'SIncere!y!
C_~",
BOB L. ROBINSON
President
cc: Mr. Donald LeBlanc
SHEET
1
OF
2
CHELSEA PARC AT TUSCA WILLA
PHASE II, REPLAT
A REPLATOF LOTS 23 THRU 26, CHELSEA PARe AT TUSCAWI LLA) PHASE II. , PLAT BOOK 46, PAGE 64 AND 65
SECTIONS 7 & 8, TOWNSHIP 21 SOUTH, RANGE 31 EAST
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA
DESCRIPTION
LOTS 23 THRU 26, CHELSEA P ARC AT TUSCAWILLA, PHASE II, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 46, PAGES 64 AND 65, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA; MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF WINTER SPRINGS BOULEVARD AND THE WESTERLY RIGHT-OF-WAY LINE OF GREENBRIAR LANE AS
SHOWN ON THE PLAT OF BRAEWICK OF TUSCAWILLA PHASE I AS RECORDED IN PLAT BOOK 37, PAGES 53 AND 54 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; RUN
THENCE S 16020'04" W ALONG SAID WESTERLY LINE, 80.34 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1875.05 FEET, A
CENTRAL ANGLE OF 01.40'16", AND A CHORD BEARING OF S 17"10'12" W, THENCE RUN 54.69 FEET ALONG THE ARC THEREOF TO THE NORTHEASTERLY CORNER OF SAID LOT 26
AND THE POINT OF BEGINNING: THENCE RUN THE FOLLOWING SEVEN (7) COURSES AND DISTANCES ALONG THE BOUNDARIES OF SAID LOTS 23 THRU 26 AND RIGHT-OF-WAY LINES
FOR CREEKSIDE CIRCLE AND GREENBRIAR LANE; N 82"55'58" W, 106.36 FEET TO A POINT ON A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 62.00 FEET, A CENTRAL
ANGLE OF 12000'32", AND A CHORD BEARING OF S 13004'18" W, THENCE RUN 12.99 FEET ALONG THE ARC THEREOF TO A POINT OF COMPOUND CURVATURE OF A CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1772.05 FEET, A CENTRAL ANGLE OF 02"48'58", AN D A CHORD BEARING OF S 20.29'02" W, THENCE RUN 87.09 FEET TO A POINT
OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 38.00 FEET, A CENTRAL THEREOF TO THE POINT OF TANGENCY; THENCE RUN S 64.40'38" E,
55.89 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 27"06'35", AND A CHORD BEARING OF
S 78"14'01" E; THENCE RUN 11.36 FEET ALONG THE ARC THEREOF TO A NON TANGENT POINT ON A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1875.05 FEET, A
CENTRAL ANGLE OF 05005'14", AND A CHORD BEARING OF N 20032'57" E; THENCE RUN 166.48 FEET ALONG THE ARC THEREOF TO THE POINT OF BEGINNING.
CONTAINING 15,439.32 SQUARE FEET MORE OR LESS.
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JOINDER AND CONSENT
TO DEDICA TION
NORTHERN WAY
The undersigned hereby certifies that it is the holder of a mortgage of
a portion of the lands described in this plat, which mortgage
is recorded in Official Record Book 2 ~! .~ '.., Pages /..:--:
of the Public lRecords of Seminole County, Florida and that the
undersigned hereby joins in and consents to the dedication of the lands
described above and any easements. reservations, and restrictions set
forth herein for the purpose subordinating its mortgage interest to said
dedication.
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IN WITNESS WHEREOF, the undersigned has set its hand and seal
on the ~;; Q,() day of ~,~P,' ,~.~/~( t:'.,~ ,1996.
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The foregoing instrume/"}twas acknowledged before me this
day of ~;>>.'.,...,...,.J. 'q'~.~t\~ 1996, by ';.~.::f'~'''(' 'Y"'I"~;':i<..
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STATE OF FLORIDA
COUNTY OF SEMINOLE
CITRUS ROAD
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NOTARY PUBUC
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My Commission expires \ ('
CITY OF WINTER SPRINGS
JIOINDER AND CONSENT
TO DEDICATION
LOCATION MAP
NOT TO SCALE
The undersigned hereby certifies that it is the holder of a mortgage of
a portion of the lands described in this plat, which mortgage
is recorded in Official Record Book 'L.;,"!'r, Pages tI'l. ':.c " ;.
of the Public Records of Seminole County, Florida and that the
undersigned hereby joins in and consents to the dedication of the lands
described abovle and any easements. reservations, and restrictions set
forth herein for the purpose subordinating its mortgage interest to said
dedication.
~D1'16e : 'f~~ ,,^~'1 eE:' ~:t7tlrllt'tJA.L. '?~1JZ.161Io~~ iUA1'
At1-fj Jo1 ~fi,otreD orJ 1'H1~ f"l.,~i ~Al w.~ Jt'
fpv~ J,J 1H~ f~lt 1Z~~ of 1'~ I, t.o0tTT'j,
IN WITNESS W~EREOF, the undersigned has set its hand and seal
on the J?f.. day of..I.I':l~i#!'/;. ,1996,
~A!,~G.-:\ ('.A:-:r.. I .4..
JOINDER AND CONSENT
TO DEDICATION
The undersigned hereby certifies that it is the holder of a mortgage of
? portion o! the .I~nds described J~ this plat, which mortgage
IS recorded In Official Record Book~. Pages '"4:'/1. L'.J..c 4~
of the Public Records of Seminole County, Florida an'd that the
undersigned hereby joins in and consents to the dedication of the lands
described above and any easements. reservations, and restrictions set
forth herein for the purpose subordinating its mortgage interest to said
dedication.
IN WITNESS WHEREOF, the undersigned has set its hand and seal
on the ~l &1-' day of Oc.+obe y- .1996.
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VLLE t~~fJJr
STATE OF FLORID-A Vi rg ; r,; (}....
COUNTY OF SEMINOLE ~l C o.r.oK<<..-
FIRST UNION MORTGAGE CORP.
The foregoing instrumentwas acknowledged before me this.J.IA
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day of v It. {.J ,1996, by !,./C4u.J c!... B LA.rr~LtJ '5
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NOTARY PUBUC
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My Commission expires
JOINDER AND CONSENT
TO DEDICATION
The undersigned hereby certifies that it is the holder of a mortgage of
a portion of the lands described in this plat, which mortgage
is recorded in Official Record Book2T.( F. Pages' ~, ::+ \~ 7' !
of the Public Records of Seminole County, Florida and' that the
undersigned hereby joins in and consents to the dedication of the lands
described above and any easements, reservations, and restrictions set
forth herein for the purpose subordinating its mortgage interest to said
dedication,
IN WITNESS WHEREOF, the undersigned has set its hand and seal
on the day of . . ,199f1.
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8A~TT.MGRTGAGE CORP. J ~ 1 " . >(
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NORWEST MORTGAGE CORP,
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STA TE OF FLORIDA
COUNTY OF SEMINOLE
Prepared By:
Charles "Rob" Defoor and Associates
427 Knoll Tree Lane
Apopka. Florida 32703
Phone: (407)-880-9811
The foregoing instrumentwas acknowledged before me this
day of '. , . 1996, by ~' ~e-i.""'~~~ y', ....r' f'= :;'-:..-.~
NOTARY PUBUC
My Commission expires
ST ATE OF f1 . AI ,n.. ,'''' . .'{
COUNTY OF ~I: 'i N'.-~' ~.
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The foregolrtg'~mentwas acknowledged b~fore me this'f' .
day of J.1 " , . , 199(}, by W{..i.(~I'1 ::: .1;. oc;i:rl'.
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NgTARY PUBUC . /'
My Commission expires " :.;. .+--...
PLAT
BOOK
PAGE
CHELSEA PARC AT TUSCAWILLA
PHASE II, REPLA T
DEDICA TION
KNOW ALL MEN BY THESE PRESENTS, That the undersigned, being
the owners in fee simple of the lands described in the foregoing
caption to this plat, do hereby dedicate said lands and plat for
the uses and purposes therin expressed and dedicate the
NOT APPUCABLE
shown hereon to the perpetual use of the public.
IN WITNESS WHEREOF, The undersigned , have
hereunto set their hand and seal on ' "
,1996.
WITNESSES:
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William A, Edwards
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Vincenza E, Edwards
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Monica Jacome
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Gwendolyn Certain
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Richard Chant
STAlE OF
FLORIDA
SEMINOLE
COUNTY OF
THIS IS TO CERTIFY. That on ..:'c~.',(,::./:,.',J9~before me, an officer
duly authorized to take acknowledgments in the State and County
aforesaid, personally appeared :,....; .'.',,~.. .r:'. 'I.'. ',; ".l
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. .'...~:..:~.(~.~.~../.' '..~:"~.."".~~'.;".~./.~1..'.) .."/~.~<;~.. '. .'"'7.../.~'':'~'...'...
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personally known to me or produced the following identification
c. ; l.' '(' ! I~ ~ ';; \ d d'd t t k th
.'.,..:"..:..1. r..,.-r'..(.,.~~.:'....:,....,"" an I no a e an oa that
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she fa- the person,"i. described in and who executed the foregoing
dedication and severally acknowledged the e"ccution thereof to be their
free act and deed for the uses and purposes therin expressed,
IN WITNESS WHEREOF, I have hereunto set
my hand and seal on the above date,
NOTARY PUBUC
My Commission expires
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i ,:.' .)F F; ORIDA
.>1 'i ,,,'-, ',', (C2<\AA59
. ,~, ',M~llilij~2:~:\!'-. lO,199i I
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CERTIFICATE OF SURVEYOR
KNOW ALL MEN BY THESE FRESfNTS, That the undersigned,
being a licensed and registered land surveyor, does hereby
certify that or. 5.. 1.. q(o he completed t~e
survey of the lands os shoNn tr) the foregoing plat or plan,
that said plat IS c correct representat!on:1f the lands therein
described and pla'.ted or subdivided; that permanent reference
monuments h\.J"e been placed as shown thereon as required
by Chapter 177, Florida Statutes; and that saic land is
located in ti~,:, City of Orlando, Orange C, jrt y, ~orida. ~is
plat was made under my '~sponsible direct on and supervision.
Signature:
;; / ~te~~ -Io - '16
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4189
Name:
Charles "Rob" Defoor
Reg. t~0.
CERTIFICATE OF APPROVAL
BY MUNICIPALITY
THIS IS TO CERTIFY, That on,
the
, approved the foregoing plat.
Mayor
Attest:
City Clerk
CE:RTIFICA TE OF CLERK OF COURT
I HEREBY CERTIIFY, That I have examined the foregoing plat and find
that it complies in form with all the requirements of Chapter 177, Florida
Statutes, and was filed for record on
at File No.
CLERK OF THE COURT
in and for Seminole County, Florida
BY
, D.C.
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CHELSEA
PHASE II.
SHEET 2
PLAT
BOOK
PAGE
OF 2
PARC AT TUSCAWILLA
REPLAT
A REPlAT OF LDTS 23THRU 26, CHELSEA PARe AT TUSCAWIUA, PHASE II , PlAT BOOK 46, PAGE 64 AND 65
SECTIONS 7 &- B, TO WNSHIP 21 SOUTH, RANGE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
CURVE TABLE
CURVE RADIUS LENGTH CHORD BEARING DEL T A
C-1 50.00 75.55 68.56 S21'23 33 [ 86'34 09
C-2 1760.05' 86.S0' 86.S0' N20'29'02"E 02'48'S8"
C-3 50.00' 79.44' 71.34' N26'26'21"W 91'01'SO"
C-4 24.00' 11,36' 11,25' 57814'01"[ 27'06'3S"
C-S 38.00' 57.41' S2.11' S21'23'33"E 86'34'09"
C-6 1772.0S' 12.12' 12.12' N21'41'36"E 00'23'31"
C-7 1772,OS' 32,00' 32.00' N20'58'58"E 01'02'05"
C-8 1772.05' 32,00' 32.00' N19'S6'S3"E 01"02'05"
C-9 1772.05' 10,96' 10.96' N1915'12"E 00'21'16 "
C-10 62.00' 12,99' 12,97' N13'04'18"E 12'00'32"
C-11 1875.05' 49.01' 49.03' N18'45'1rE 01'29'53"
C-12 1875.05' 32,00' 32.00' N19'59'33"E 00'58' 40"
C-13 1875.0S' 32.00' 32.00' N20'S8'14"E 00'58' 40"
C-14 1875.05' 53.45' 53.45' N22'16'34"E 01'38'00"
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GENERAL NOTES
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1.
. = DENOTES PERMANENT REFERENCE MONUMENT CONCRETE
MONUMENT SET PLS #4189 (UNLESS OTHERWISE NOTED).
2. BEARINGS ARE BASED ON THE SOUTHERLY RIGHT-OF-WAY LINE
OF WINTER SPRINGS BOULEVARD.
3. THERE IS A 10' UTILITY EASEMENT ALONG THE REAR OF ALL LOTS.
4. THERE IS A 3' UTILITY EASEMENT ALONG THE SIDE OF ALL LOTS,
UP TO THE BUILDING LINE.
5. VEHICULAR ACCESS RIGHTS FROM ALL LOTS ABUTTING WINTER SPRINGS
BOULEVARD AND GREENBRIAR LANE ARE DEDICATED TO THE CITY OF
WINTER SPRINGS.
eRA ~:J ~II ( .--:) C A I F
Prepared By:
Charles "Rob" Defoor and Associates
427 Knoll Tree Lane
Apopka, Florida 32703
Phone: (407)-880-9811
10 () 1510
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31 EAST
FLORIDA
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FND, 4"x4"
CONCRETE
MONUMENT
"HEINRICH"
P. o. c.
~ = 03'16'45"
R = 6431.67'
L = 368.09'
C = 368.05'
BRG, = S 71'45'32" E
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FND, 4"x4"
CONCRETE
MONUMENT
NO II-
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Chelsea Pare at Tuseawilla
Phase "
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Book 46, Pages 64-65
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~ = 12'00'32"
/ 50 R = 62.00'
L = 12.99'
!- C = 12.97'
-- BRG = S 13'04'18" W
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--
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L
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~ = 01'40'16"
R = 1875.05'
L = 54.69'
C = 54.69'
BRG. = S 17'10'12" W
C),
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N82'SS'S8"W
1 06.36'
51
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52
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~ = 02'48'57" --- --- --1 C-2
R =f/ 1772.05' /~... /
L =' 87.09' ~
C = 87.08' ~
BRG. - S 20'29'01" W / ~
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53
~ = 86'34'09"
(-- R = 38.00'
- - - - L = 57,4r - - -
C = 52.11'
I 54 BRG. = S 21'2:3~ ___ j \ \0-' C-5 ~ 23
___ --- --- A ,ot '0- """". '-... /
__ __ __ / / '" ~-1~_ -..............
55 / ~
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Chelsea Pare 9A Tuseawilla/ /' ............ ~~
Phdse II 56 / /............
Plat Book ~6", Pages g4-65 /
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~ = 05'05'14"
R = 1875.05'
L = 166.49'
C = 166.43'
BRG. = N 20'32'57" E
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/
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~ = 27'06'35"
R = 24.00'
L = 11.36'
C = 11.25'
BRG. = S 78'14'01" E
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120
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