HomeMy WebLinkAbout2021-026U
3120210024785
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3408 PG: 809 Page 1 of 7 4/8/2021 4:23 PM
RESOLUTION NO. 2021---026- --- - -
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, FORMALLY DESIGNATING CERTAIN
COUNTY OWNED PROPERTY FOR 58TH AVENUE
AND 37TH STREET RIGHT-OF-WAY, AND
DIRECTING THE PROPERTY APPRAISER TO CUT
OUT THE PROPERTY DESIGNATED AS RIGHT-OF-
WAY FROM THE PARENT PARCEL.
WHEREAS, on August 12, 2020 Indian River County purchased property
from Woodrow Dawsey and Belinda Dawsey, husband and wife, for future road
expansion of 58th Avenue and 37th Street; said conveyance was recorded in Book
3329 at Page 793 of the Public Records of Indian River County, Florida; and
WHEREAS, the intent of the County is to now earmark by a formal
document that portion of the property for right-of-way so that the remainder can be
re -sold and put back on the tax rolls; and
WHEREAS, a sketch and legal description of the right-of-way have been
prepared and are attached hereto as Exhibit "A"; and
WHEREAS, a sketch and legal description have been prepared for the
remainder property and are attached hereto as Exhibit "B"; and
WHEREAS, it would be beneficial to designate by a recorded instrument
the County's designation of this right-of-way identified in the attached Exhibit "A"
so that the Indian River County Property Appraiser can earmark the property as
right-of-way on the appropriate maps, as well as cut out the designated right-of-
way from the parent parcel, thus alleviating any potential boundary issues that may
i
RESOLUTION NO. 2021- 026
surface in the future with respect to the re -selling of the remainder property
identified in the attached Exhibit "B",
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. The portion of property as described and depicted on the attached
Exhibit 'A" is hereby formally designated as right-of-way; and
2. This resolution shall be recorded in the Public Records of Indian River
County, Florida; and
3. Upon the recordation of this Resolution, the Indian River County
Property Appraiser is instructed to cut out the designated right-of-way
as depicted and described on the attached Exhibit "A" from the parent
parcel, and accordingly earmark any maps within the Property'
Appraiser's Office to reflect this designation.
The resolution was moved for adoption by Commissioner Adams , and the
motion was seconded by Commissioner o'sryan , and, upon being put to a vote,
the vote was as follows:
Chairman Joseph E. Flescher AYE
Vice Chairman Peter D. O'Bryan AYE
Commissioner Susan Adams AYE
Commissioner Joseph H. Earman AYE
Commissioner Laura Moss AYE
2
RESOLUTION NO. 2021- 026
The Chairman thereupon declared the resolution duly passed and adopted
this 6th day of April, 2021.
BOARD OF COUNTY COMMISSIONERS„".".
INDIAN RIVER COUNTY, FLORIDA,-15��jY.��n;�;/s`
B V K'.eJll �La
y seph E. Flescher, ChairmAll
i: '.
.,��G• •m
ATTEST: Jeffrey R. Smith, Clerk
of Court e1nd Comptroller
By: ,
Deputy Clerk
Approved as to form and legal
sufficienc
By:
William K. DeBraal
Deputy County Attorney
3
' A
Sketch and Legal Description for:
INDIAN RIVER COUNTY
Legal Description (Right of Way Acquisition)
BEING A PARCEL OF LAND, LYING IN SECTION 29, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL
ALSO BEING A PORTION OF LOT 10, OF THE PLAT OF PALM VILLAS ESTATES, AS RECORDED IN PLAT BOOK 1, PAGE 58, OF THE PUBLIC
RECORDS OF SAID INDIAN RIVER COUNTY, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 89°53'48" WEST, ALONG THE SOUTH LINE OF SAID SECTION
29, A DISTANCE OF 29.65 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 00°06'12" WEST, A DISTANCE OF 60.00 FEET TO THE NORTH
LINE OF A 30.0 FOOT WIDE STRIP AS RECORDED IN OFFICIAL RECORD BOOK 881, PAGE 2793, OF SAID PUBLIC RECORDS; THENCE SOUTH
89°53'48" WEST, ALONG SAID NORTH LINE (SAID LINE BEING 60.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE
OF SAID SECTION 29) A DISTANCE OF 50.00 FEET; THENCE DEPARTING SAID LINE, NORTH 45°05'00" EAST, A DISTANCE OF 53.88 FEET;
THENCE NORTH 00°13'42" EAST (ALONG A LINE THAT IS 42.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF SAID
SECTION 29) A DISTANCE OF 55.84 FEET TO THE NORTH LINE OF SAID LOT 10, THENCE NORTH 89°53'48" EAST, ALONG SAID NORTH LINE A
DISTANCE OF 12.00 FEET TO THE WEST RIGHT OF WAY LINE OF 58th AVENUE AS RECORDED IN OFFICIAL RECORD BOOK 881, PAGE 2793, OF
THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY; THENCE DEPARTING SAID NORTH LINE, SOUTH 00°13'42" WEST, ALONG SAID WEST
RIGHT OF WAY LINE OF 58th AVENUE ( SAID LINE=BEING 30.00 FEET WEST OF AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID
SECTION 29) A DISTANCE OF 93.81 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 1,847 SQUARE FEET, MORE OR LESS
Surveyors Notes
1). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS:
(A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE
SKETCH OF THE DESCRIPTION.
(B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH
AN EMBOSSED SURVEYOR'S SEAL.
2). BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTH LINE OF SECTION 29, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, SAID LINE BEARS SOUTH 89°54'00" WEST, AND ALL OTHERS ARE RELATIVE THERETO.
3). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE, THERE
MAY EXIST EASEMENTS, RESERVATIONS, RESTRICTIONS OR OTHER ENCUMBRANCES NOT SHOWN HEREON, BUT CAN BE
FOUND IN THE',PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
Leaend and Abbreviations
I.R.F.W.C.D. = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
L = LENGTH OF ARC
O.R.B.= OFFICIAL RECORD BOOK
(P) = PLAT
P.B.= PLAT BOOK
PG = PAGE
PBS = PLAT BOOK ST. LUCIE
A=DELTA ANGLE
SQ. FT. = SQUARE FEET
R = RADIUS
R/W = RIGHT-OF-WAY
This is not a Boundary Survey
PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS
WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION
Certification
(NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY
SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID
SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF.
FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION,,h71T> �i"STANDARDS OF
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PRQkt`6 I1.AL BOARD OF
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 IDNAD S%FtATi�V'CL CODE,
PURSUANT TO SECTION 472.027 FLORIDA STATE
-3-12
DATE OF SIGNATURE D D"VV'St RYVER ,
v� v INDIAN RIVER COUNTY, FL
PUBLIC WORKS DEPT. ENGINEERING DIV.
DATE: DRAWN BY:
311112021 R. INGLETT
SCALE: APPROVED BY:
N/A D. SCHRYVER
SHE
1 OF 2
1357
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Sketch and scription
for:
INDIAN RIVER COUNTY
(5800 37th Street)
EXHIBIT "A" (page 1 of 2)
Sketch and Legal Description for: INDIAN RIVER COUNTY
Palm Villa Estates f ---35---
(PLAT BOOK 1, PAGE 58) z
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(NOT TO SCALE)
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NORTH PROPERTY LINE
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SITE ADDRESS: 5800 37th STREET
O.R.B. 3329• PG 793 �:v
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(CONTAINING:
+/- 1,847 SQUARE
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RIGHT OF WAY LINE FEET)
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PLAT BOOK 1, PAGE ' 58
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S89'53'48"W (BEARING REFERENCE)
29
28
SOUTH LINE OF SECTION 29-32-39 '
NORTH LINE OF SECTION 32-32-39
Point of Commencementr32
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33
SOUTHEAST CORNER SECTION 29,
TOWNSHIP 32 SOUTH, RANGE 39 EAST
0 04
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RIGHT OF WAY LINE
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Legend and Abbreviations P.B. = PLAT BOOK
w w I�
w
I.R.F.W.C.D. = INDIAN RIVER FARMS PG. = PAGE
WATER CONTROL DISTRICT' PBS = PLAT BOOK ST. LUCIE
L = LENGTH OF ARC A=DELTA ANGLE
O.R.B.= OFFICIAL RECORD BOOK SQ. FT. = SQUARE
FEET
(P) = PLAT R = RADIUS
RAN = R IC_'HT_(1F_1A/A
V
AGENCY:
INDIAN RIVER COUNTY, FL
PUBLIC WORKS DEPTJENGINEERING DIV.
DATE:
3/11/2021
SCALE: NIA
SHEET:
2 OF 2
APPROVED BY:
NO:
R. INGLETT
D. SCHRYVER
1357
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RIGHT OF WAY LINE
to 37th Street
n
S8934'39"E
__SOUTH LINE OF SECTION 28-32-39
T NORTH LINE OF SECTION 33-32-39
M ; Lateral "A-5" Canal
RIGHT OF WAY LINE
This is not a Boundary Survey
PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS
WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION
Sketch and Legal Description
for:
INDIAN RIVER COUNTY
(5800 37th Street)
EXHIBIT "A" (page 2 of 2)
�r
Sketch and Legal Description for:
INDIAN RIVER COUNTY
Legal Description (PER O.R.B. 3329, PG. 793)
THE EAST 276.95 FEET OF LOT 10, BLOCK 1, PLAT OF PALM VILLA ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN
PLAT BOOK 1, PAGE 58, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 30 FEET AND THE
EAST 5 FEET LESS THE SOUTH 30 FEET.
Also Less and Except:
BEING A PARCEL OF LAND, LYING IN SECTION 29, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL
ALSO BEING A PORTION OF LOT 10, OF THE PLAT OF PALM VILLAS ESTATES, AS RECORDED IN PLAT BOOK 1, PAGE 58, OF THE PUBLIC
RECORDS OF SAID INDIAN RIVER COUNTY, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 89°53'48" WEST, ALONG THE SOUTH LINE OF SAID SECTION
29, A DISTANCE OF 29.65 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 00°06'12" WEST, A DISTANCE OF 60.00 FEET TO THE NORTH
LINE OF A 30.0 FOOT WIDE STRIP AS RECORDED IN OFFICIAL RECORD BOOK 881, PAGE 2793, OF SAID PUBLIC RECORDS; THENCE SOUTH
89°53'48" WEST, ALONG SAID NORTH LINE (SAID LINE BEING 60.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE
OF SAID SECTION 29) A DISTANCE OF 50.00 FEET; THENCE DEPARTING SAID LINE, NORTH 45°05'00" EAST, A DISTANCE OF 53.88 FEET;
THENCE NORTH 00°13'42" EAST (ALONG A LINE THAT IS 42.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF SAID
SECTION 29) A DISTANCE OF 55.84 FEET TO THE NORTH LINE OF SAID LOT 10,.THENCENORTH 89°53'48" EAST, ALONG SAID NORTH LINE A
DISTANCE OF 12.00 FEET TO THE WEST RIGHT OF WAY OF 58th AVENUE AS RECORDED IN OFFICIAL RECORD BOOK 881, PAGE 2793, OF THE
PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY; THENCE DEPARTING SAID NORTH LINE, SOUTH 00°13'42" WEST, ALONG SAID WEST
RIGHT OF WAY LINE OF 58th AVENUE ( SAID LINE BEING 30.00 FEET WEST OF AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID
SECTION 29) A DISTANCE OF 93.81 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.54 ACRES. MORE OR LESS
Surveyor's Notes
1). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS:
(A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE
SKETCH OF THE DESCRIPTION.
(B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH
AN EMBOSSED SURVEYOR'S SEAL.
2). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE, THERE
MAY EXIST EASEMENTS, RESERVATIONS, RESTRICTIONS OR OTHER ENCUMBRANCES NOT SHOWN HEREON, BUT CAN BE
FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
Le4end and Abbreviations
(C) = CALCULATED
(D) = DEED
I.R.F.W.C.D. = INDIAN RIVER FARMS
WATER CONTROL DISTRICT
L = LENGTH OF ARC
O.R.B.= OFFICIAL RECORD BOOK
(P) = PLAT
P.B.= PLAT BOOK
PG = PAGE
PBS = PLAT BOOK ST. LUCIE
A=DELTA ANGLE
SQ. FT. = SQUARE FEET
R = RADIUS
R/W = RIGHT-OF-WAY
This is not a Boundary Survey
PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS
WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION
Certification
(NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF T,HE-PROPERTY
SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID
SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BESTOF NCIUVLIDGE AND
BELIEF.
FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTIONWVIE'T�SrjiESTANDAFjAS OF
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA, R61= S IONAC iBE7ARD:OF,
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FL INISf2i471VGCODF
PURSUANT TO SECTION 472.027 FLORIDA STATE STA lxT $ a 't.,
r �
DATE OF SIGNATURE R , ER
v�v INDIAN RIVER COUNTY, FL
PUBLIC WORKS DEPT. ENGINEERING DIV
DATE: DRAWN BY:
311112021 R. INGLETT
SCALE: APPROVED BY:
NIA D. SCHRYVER
SHEET:OF 2 OB NO: 1357
Sketch and Legal Description
for:
INDIAN RIVER COUNTY
(5800 37th .Street)
EXHIBIT "B" (page 1 of 2)
Sketch
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INF
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and Legal Description for: INDIAN RIVER
I
50.50'
N
(NOT TO SCALE)
10' ADDITIONAL R/W
PER O.R.B.
r--2124, PG. 34
o'
37th Street
Palm Villa Estates
P.B. 1, PG. 58
Lot 9
N89'53'48"E-12.00'-
327.45' PLAT MODTU DPnDCGT/ I IKIP
j Lai
Lot/1'Ir rCD
32-39-29-00005-0000-00010.1 N
INDIAN RIVER COUNTY If) o
5800 37th STREET O
O.R.B. 3329, PG 793 Z Q-
CONTAINING 23,620 SQ.FT± ,,1�,� x
(0.54 ACRES±) O n
iT 276.95, (DEED)/����� - •O� ��
f/-r�f�✓./fes .L. --------
COUNTY
35' R/W '
w
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(A
to
S89 -53'48"W (BEARING REFERENCE) 29 28
SOUTH LINE OF SECTION 29-32-39
NORTH LINE OF. SECTION 32-32-39
I.R.F.W.C.D. o Point of Commencement' ---32 Ln 33
Lateral "A-5" Canal M ; SOUTHEAST CORNER SECTION 29, LL j' M
TOWNSHIP 32 SOUTH, RANGE 39 EAST 0 o 04
(LESS AND EXCEPT)
RIGHT OF WAY LINE _z N z to
JM JM
Legend and Abbreviations � o I- z
0
(C) = CALCULATED P.B. = PLAT BOOK a F= V F=
(D) = DEED PG. = PAGE w 0 I 0
I.R.F.W.C.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE
WATER CONTROL DISTRICT A=DELTA ANGLE
L = LENGTH OF ARC SQ. FT. = SQUARE FEET
O.R.B.= OFFICIAL RECORD BOOK R = RADIUS
(P) = PLAT R/W = RIGHT-OF-WAY
This is not a,Boul
INDIAN RIVER
PUBLIC WORKS DEPT
DATE: DRAWN BY:
311112021
SCALE: APPROVED
NIA
SHEET: JOB NO:
2 OF 2
CD CD
CD
7
C
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N
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to
0
0
rl
D
Su
COUNTY, FL Sketch and Legal Description
ENGINEERING DIV. g p
R. I NGLETT for.-
3Y:
or:3Y: D. SCHRYVER INDIAN RIVER COUNTY
(5800 37th Street)
-- - ---- - --------------
1357 �-- —^
EXHIBIT "B" (page 2 of 2);
(CONTAINING:
0
j
1,848 SQUARE
30' R/W R/W
FEET)
T OF WAY LINE
S89'53'48"WFO
CO
N
50.00'
N
N-0
M; a.
Point of
00
SOUTH UNE LOT 10, PER l p a
PLAT BOOK 1, PAGE 58 1
iV � �
Beginning- 0 i
Ili
00
It
327.45' PLAT o o
(LESS AND EXCEPT), o
Mo I
I Z I
(o
(n
S89 -53'48"W (BEARING REFERENCE) 29 28
SOUTH LINE OF SECTION 29-32-39
NORTH LINE OF. SECTION 32-32-39
I.R.F.W.C.D. o Point of Commencement' ---32 Ln 33
Lateral "A-5" Canal M ; SOUTHEAST CORNER SECTION 29, LL j' M
TOWNSHIP 32 SOUTH, RANGE 39 EAST 0 o 04
(LESS AND EXCEPT)
RIGHT OF WAY LINE _z N z to
JM JM
Legend and Abbreviations � o I- z
0
(C) = CALCULATED P.B. = PLAT BOOK a F= V F=
(D) = DEED PG. = PAGE w 0 I 0
I.R.F.W.C.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE
WATER CONTROL DISTRICT A=DELTA ANGLE
L = LENGTH OF ARC SQ. FT. = SQUARE FEET
O.R.B.= OFFICIAL RECORD BOOK R = RADIUS
(P) = PLAT R/W = RIGHT-OF-WAY
This is not a,Boul
INDIAN RIVER
PUBLIC WORKS DEPT
DATE: DRAWN BY:
311112021
SCALE: APPROVED
NIA
SHEET: JOB NO:
2 OF 2
CD CD
CD
7
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N
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to
0
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rl
D
Su
COUNTY, FL Sketch and Legal Description
ENGINEERING DIV. g p
R. I NGLETT for.-
3Y:
or:3Y: D. SCHRYVER INDIAN RIVER COUNTY
(5800 37th Street)
-- - ---- - --------------
1357 �-- —^
EXHIBIT "B" (page 2 of 2);