Resolution 2020-31486 RESOLUTION NO, 2020-31486
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A UTILITY EASEMENT FROM FISHER ISLAND
COMMUNITY ASSOCIATION, INC. ("FICA") IN ORDER TO PERMIT
THE CITY TO ACCESS, INSTALL, MAINTAIN, AND/OR REPLACE ONE
WATER MAIN, TWO FIRE HYDRANTS, ONE FIRE SERVICE LINE, ONE
DOMESTIC SERVICE LINE, ONE IRRIGATION SERVICE LINE, AND
TWO WATER METERS IN CONNECTION WITH THE DEVELOPMENT
OF A PRIVATE PARKING GARAGE LOCATED AT 112 MACARTHUR
CAUSEWAY, MIAMI BEACH, FL 33139 ON TERMINAL ISLAND.
WHEREAS, the Fisher Island Community Association, Inc. ("FICA"), is currently
constructing a private parking garage on Terminal Island, located at 112 MacArthur Causeway
(the "Private Garage"); and
WHEREAS, the purpose of the Fisher Island Community Association Parking Facility is
to accommodate the 24/7 parking needs of the employees of both the Fisher Island Community
Association and the Fisher Island Club, as well as resident employees, third party vendors and
property management personnel that serve Fisher Island; and
WHEREAS, FICA has agreed to grant the City a utility easement in order to install,
maintain, and/or replace: one (1) 12-inch water main; two (2) fire hydrants; one (1) 8-inch fire
service line; one (1) 2-inch domestic service line; one (1) 1-inch irrigation line; and two (2) water
meters (one (1) 2-inch domestic and one (1) 1-inch irrigation line) in connection with the
development of a private parking garage on Terminal Island ("Easement"); and
WHEREAS, the Easement is comprised of 4,253 square feet, having a centerline of 569
linear feet, located on a portion of land in Section 04, Township 54 South, Range 42 East, of
the Public Records of Miami-Dade County, Florida; and
WHEREAS, the City requires access to the water main, fire hydrants, fire line, domestic
service line, irrigation line, and water meters located on FICA's property; and
WHEREAS, the Administration recommends accepting the proposed utility easement.
NOW,THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, hereby approves and authorizes the City Manager to
execute a Utility Easement from Fisher Island Community Association, Inc. ("FICA") in order to
permit the city to access, install maintain, and/or replace: one water main, two fire hydrants,
one fire service line, one domestic service line, one irrigation service line, and two water
meters in connection with the development of a private parking garage located at 112 -
MacArthur Causeway, Miami Beach, FL 33139 on Terminal Island.
PASSED and ADOPTED this /i day of `aVe1Wher , 2020.
i2—Z11--------.
DAN GELBER, MAYOR
ATTEST:
72,
APPROVED AS TO
FORM&LANGUAGE
RAFAEL E. GRANAD , CITY CLERK 0 CUMON
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Resolutions-C7 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 18, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A UTILITY EASEMENT FROM FISHER ISLAND
COMMUNITY ASSOCIATION, INC. ("FICA") IN ORDER TO PERMIT THE
CITY TO ACCESS, INSTALL, MAINTAIN, AND/OR REPLACE: ONE WATER
MAIN, TWO FIRE HYDRANTS, ONE FIRE LINE, ONE DOMESTIC
SERVICE LINE, ONE IRRIGATION SERVICE,AND TWO WATER METERS
IN CONNECTION WITH THE DEVELOPMENT OF A PRIVATE PARKING
GARAGE LOCATED AT 112 MACARTHUR CAUSEWAY, MIAMI BEACH, FL
33139 ON TERMINAL ISLAND.
RECOMMENDATION
The Administration recommends executing the proposed utility easement.
BACKGROUND/HISTORY
The Fisher Island Community Association, Inc. ("FICA"), is currently constructing a private
parking garage on Terminal Island, located at 112 MacArthur Causeway(the"Private Garage").
FICA has obtained approval from the City's Design Review Board (under DRB file No. 22974)
for the construction of a new multi-story parking garage and a new marine structure in connection
with a commercial ferry service from the terminal to and from Fisher Island.
The purpose of the Fisher Island Community Association Parking Facility is to accommodate
the 24/7 parking needs of the employees of both the Fisher Island Community Association and
the Fisher Island Club, as well as resident employees, third party vendors and property
management personnel that serve Fisher Island.
ANALYSIS
FICA has agreed to grant the City a utility easement in order to install, maintain, and/or replace:
one (1) 12 inch diameter water main; two (2) fire hydrants; one (1)8 inch diameter fire line; one
(1) 2 inch diameter domestic service line; one (1) 1 inch diameter irrigation service; and two (2)
water meters (one (1) 2 inch domestic and one (1) 1 inch irrigation) in connection with the
development of a private parking garage on Terminal Island.
Page 231 of 1430
The Easement Area contains 4,253 square feet, having a centerline of 569 linear feet, located
on a portion of land in Section 04, Township 54 South, Range 42 East, of the Public Records
of Miami-Dade County, Florida.
The City requires access to the water main, fire hydrants, fire line, domestic service line,
irrigation line, and water meters located on FICA's property. The Administration recommends
executing the proposed utility easement.
Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City
show that 47% of residents rated City efforts to plan for growth as very satisfied/satisfied. In
order to continue maintaining excellent standards in this area, the City intends to execute the
proposed utility easement from FICA.
CONCLUSION
The Administration recommends executing the proposed utility easement.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ FISHER ISLAND TERMINAL WATER SKETCH AND LEGAL SIGNED NEW
❑ Opinion of Title- FICA
❑ DRAFT RESO
Page 232 of 1430
EXHIBIT "B"
SKETCH AND LEGAL
EASEMENT
A PORTION OF LAND IN SECTION 04,TOWNSHIP 54
SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY,
FLORIDA
FOLIO:02-4204-000-0065 •
LOCATION MAP
o
z Q STAR 7TH ST
N ISLAND BISCAYNE BAY
Q
N 6TH ST o a
3 W o a
SITE 0
w
c� 0( 5TH ST
m�° NVR
MPG 4TH ST
0 RD ST
•
.41111114‘%
BISCAYNE BAY
NOT TO SCALE
ABBREVIATIONS
NOTES:
_'THE MINIMUM VERTICAL CLEARANCE OF THIS SYMBOL DEFINITION
EASEMENT IS TWENTY FIVE (25) FEET ABOVE % CENTERUNE
GRADE.
R/W RIGHT-OF-WAY
_ THESE EASEMENT STRIPS FORM A CLOSED
GEOMETRIC FIGURE. PB. PLAT BOOK
PG. PAGE
O.R.B. OFFICIAL RECORD BOOK
FDOT FLORIDA DEPARTMENT OF TRANSPORTATION
D.B. DEED BOOK
SURVEYORS NOTES PROPERTY UNE
I.THIS IS NOT A SURVEY.
2.BEARINGS SHOWN HEREON ARE BASED ON AN ASSL.AED MERIDIAN ALONG THE SCUTI-I LINE OF
MIAMI CAUSEWAY.N66.43.34E AS SHOWN. of 1430
3.THIS SI�TO-I TO ACCOMPANY LEGAL DESCRIPTION IS CERTIFIED TO TI-E CITY OF EIXIMSZU
NOTICE: Not full and complete without pages 2,3 and 4 of 4. Page 1
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PLAN
SOUTH RIGHT OF WAY LINE
► 1
OF(DD.B 1256 ,CAUSEWAY0I A PORTION OF
AND D.B. 434, PG. 263) a►0 TERMINAL ISLAND
1� POINT OF (P.B. 74 - PG. 4)
!'>mI N61 18.28"E TERMINATION
,".�0 11.29'
.o
Z0 1 ^ S28'18'Ot"E
t I M 7.5'WATER 22.50' CENTERLINE
m EASEMENT S24'01'51"E
POINT OF 10.00
BEGINNING _ 2761'
__ h
t�` — _ -0-1 EASEMENT AREA
-- 4,253 Sq. Ft. (TOTAL)
0 40 BO ^ S29'44'50"E POINT"A'
>. T
ri 46.66' 1y \\• 7 S21'34'59'W
Q '>1^ `'�:\\\\ 43.99' 53205'03'E
S� �"� m S26'12'56"E 64.1‘.\\(\ 318.30' 0
1 SCALE0� . m f 18.32' \ �� \\ POINT"B" ^ J
S 2 ��\ . S18'32'45'W M m
U 2 10.59' —
`bj W
POINT OF
Nth /�La26.64' TERMINATION 2` 'WATER
� EASE ENT EASEMEN'WATER F.: co
--........56'w R=243.86'R=243.86' M W
6=8'15'30" — Z
L=39.08' J
R=1566.95'
X1'25'44" I
' BERNUTH PROPERTY a
2
- - - - - - - - - - 1
POINT OF
COMMENCEMENTT CITY OF MIAMI BEACH PROPERTY
NORTHEAST CORNER OF f
TRACT"8(O.R.B. 1509-84) I
OF TERMINAL ISLAND O
IN PLAT 9001(74-4(PG.-7) /9
MIAMI-DADE COUNTY,
FLORIDA 1
A PORTION OF
TERMINAL ISLAND
z
(P.B. 74 - PG. 4) Q
W EASEMENT AREA S31'45'28'E I O Z
4,253 Sq. Ft. (TOTAL) POINT"C' POINT"D' 5.2V z to a cc
l"-
Q0 ^ S32'05'03"E CENTERLINE n S5978'27'W
M 318.30' \s ri 7.5'WATER S31'45'28"E
� — --- EASEMENT ---1499' 31.78-
Ili
7.5'WATER v> 5' WATER ..�:I 5'WATER I
Co n IA EASEMENT N EASEMENT EASEMENT
W � "i rn. - - - - ''' --P/6-- - - 3
Z POINT OF o POINT OF 1O_
TERMINATION TERMINATION R
1 BERNUTH PROPERTY
r-
< I
2 � wt - - - -por. - -
Page 234 of 14
NOTICE: Not full and complete without pages 1,3 and 4 of 4. Page 2
SKETCH TO ACCOMPANY LEGAL DESCRIPTION •
LEGAL DESCRIPTION
EASEMENT
A Easement for, located on a portion of the SECTION 04, TOWNSHIP 54
SOUTH, RANGE 42 EAST, of the Public Records of Miami-Dade County,
Florida; being more particularly described as follows :
Commence at the North East Corner of Tract "B" (O.R.B. 1509,
PG. 84) of Terminal Island, in Plat Book 74, Page 4, of the Public
Records of Miami-Dade County, Florida. That Point is also in the
South Right of Way Line of Miami Causeway; Thence run along said
Right of Way that is a Curve, concave to the Northwest, with Radius
of 1566 . 95 feet, a Central angle of 1°25 ' 44" and an Arc distance of
39 . 08 feet to a Point of a Compound curvature, who' s center bears
N17°00 ' 56"W from this point; Then run along a Curve, concave to the
Northwest, with Radius of 243 . 86 feet, a Central angle of 6°15 ' 30"
and an Arc distance of 26. 64 feet to a Point of Tangency; Thence run
N66°43 ' 34"E for a distance of 48 . 51 feet to a POINT OF BEGINNING of
the centerline of an Easement with the side lines of said easement;
lying 3 . 5 feet on each side of the following described centerline
(shortening or extending the side lines thereof, so as to create a
continuous strip of land) ; thence run S29°44 ' 50"E for a distance of
46 . 66 feet to a Point "A"; thence run S28°18 ' 01"E for a distance of
22 .50 feet to a point; thence run S26°12 ' 56"E for a distance of
18 . 32 feet to a point; thence run S24°01 ' 51"E for a distance of
27 . 61 feet to a point; thence run S21°34 ' 59"W for a distance of
43 . 99 feet to a Point "B"; thence run S18°32 ' 45"W for a distance of
10 .59 feet to a point; thence run S32°05 ' 03"E for a distance of
318 .30 feet to a Point "C"; thence run S31°45 ' 28"E for a distance of
31 .78 feet to a Point "D"; thence continue S31°45 ' 28"E for a
distance of 5 .25 feet to POINT OF TERMINATION.
TOGETHER WITH:
A 10 Foot Wide Easement; lying 5 feet on each side of the following
described centerline (shortening or extending the side lines
thereof, so as to create a continuous strip of land) ) ; BEGIN at
aforementioned Point "A"; thence run
N61°38 ' 28"E for a distance of 11 . 29 feet to a POINT OF TERMINATION;
TOGETHER WITH:
A 5 Foot Wide Easement; lying 2 . 5 feet on each side of the following
described centerline (shortening or extending the side lines
thereof, so as to create a continuous strip of land) ) ; BEGIN at
aforementioned Point "B"; thence run
S69°05 ' 40"E for a distance of 29. 09 feet to a POINT OF TERMINATION;
(Continue in Page 4)
•
Page 235 of 1430
NOTICE: Not full and complete without pages 1,2 and 4 of 4. Page 3
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LEGAL DESCRIPTION
(Continuation from Page 3)
TOGETHER WITH:
A 5 Foot Wide Easement for; lying 2 .5 feet on each side of the
following described centerline (shortening or extending the side
lines thereof, so as to create a continuous strip of land) ; BEGIN at
aforementioned Point "C"; thence run
S59°16 ' 27"W for a distance of 14 . 99 feet to a POINT OF TERMINATION;
TOGETHER WITH:
A 7 . 50 Foot Wide Easement; lying 3 . 5 feet on each side of the
following described centerline (shortening or extending the side
lines thereof, so as to create a continuous strip of land) ; BEGIN at
aforementioned Point "D"; thence run
S57°16' 07"W for a distance of 11 . 81 feet to a POINT OF TERMINATION;
Containing 4, 253 square feet or 0 . 10 acres more or less by
calculations .
SURVEYOR' S CERTIFICATE:
I hereby certify to that this "Sketch to Accompany Legal
Description, " was prepared under my direction and is true and
correct to the best of my knowledge and belief and further, that
said Sketch meets the intent of the applicable provisions of the
"Standards of Practice for Land Surveying in the State of Florida",
pursuant to Rule 5J-17 . 051 through 5J-17 . 053 and Rule 5J-17 . 062 of
the Florida Administrative Code and its implementing law, Chapter
472 . 027 of the Florida Statutes .
Arturo Digitally signed
by Arturo R Toirac
Date:2020.10.13
By: R Toirac 15:42:12-04'00' Date:
Arturo R. Toirac, P.S .M.
Professional Surveyor and Mapper LS3102
13217 S.W. 46th Lane
Miami, Florida 33175
786 . 413 .5822 phone
NOTICE: Each Sheet as incorporated therein shall not be considered
full, valid and complete unless attached to the others . This Notice
is required pursuant to Rule 5J-17 . 051 through 5J-17 . 052 of the
Florida Administrative.
Page 236 of 1430
NOTICE: Not full and complete without pages 1,2 and 3 of 4. Page 4
77)
BO�' PL �. INC PEYTONB B LIN 739-8662
PEYTON ® INfO@PEYTONBOLIN.COM
ira
FLORIDA REAL ESTATE AND COMMUNITY ASSOCIATION ATTORNEYS ® WWW.PEYTONBOLIN.COM
OPINION OF TITLE
To: City of Miami Beach
With the understanding that this Opinion of Title is furnished to the City of Miami Beach, as
inducement for acceptance of a Water Meter Easement ("Easement"), encumbering the real
property described in Exhibit A (the "Property"), I certify, that I have examined Old Republic
National Title Insurance Company Title Search Report No. 02-4204-000-006 covering the period
from the beginning to October 19, 2020 at 11:00 PM(the "Title Evidence"), for the Property.
I am of the opinion,based solely on the Title Evidence,that on the last mentioned date,the
fee simple title to the Property was vested in:
Fisher Island Community Association,Inc., a Florida not for profit corporation
(the"Company")
Based on his position as the President and CEO of Fisher Island Community Association, Inc., a
Florida not for profit corporation, Roberto Sosa is authorized to sign documents on behalf of the
Company.
Subject to the following encumbrances, (If"none"please indicate):
1. RECORDED MORTGAGES
a. Mortgage to Regions Bank recorded in Official Record Book 31090, Page 2701.
2. SPECIAL EXCEPTIONS See Exhibit"B"
Therefore, it is my opinion that the following parties must join in the Easement in order to
make it valid and binding on the Property.
Name Interest
Fisher Island Community Association,Inc. Fee Simple Owner
Regions Bank Lender
I certify that the legal description contained in this Opinion coincides with,and is the same
as,the legal description in the Easement.
Page 237 of 1430
t.. (877) PEYTONB (877) 739-8662 8
662PEYToN BOI_INPL meINFO@PEYTONBOLIN.COMWWW.PEYTONBOLIN.COM
FLORIDA REAL ESTATE AND COMMUNITY ASSOCIATION ATTORNEYS
I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in
the State of Florida and a member in good standing of The Florida Bar.
Respectfully submitted this 3 day of November, 2020.
,
J f
Joseph S. Giannell, Esq.
Peyton Bolin, PL
3343 W. Commercial Blvd, Suite 100
Fort Lauderdale, FL 33309
Telephone: (954) 316-1339
E-Mail: Joseph@peytonbolin.com
Florida Bar No: 41064
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me by means of >( physical
presence or T online notarization, this 3 day of November, 2020, by Joseph S. Giannell,
Esq., who is personally known to me or _has produced -
as identification.
I 1
•
Notary Public, State of Florida
My Commission Expires: .; i/ 2
• '
� ��i;•., CMIBSTOPHER SCOTT SWANSON
ata y: Notary Public-State of Florida
Q Commission N GG 313990
( ''7toFfs `. My Comm.Expires Mar 19,2023
I Bonded through National Notary Assn. I
Page 238 of 1430
EXHIBIT "A"
LEGAL DESCRIPTION
COMMENCE AT A POINT THAT IS 1580 FEET NORTH AND 2015 FEET WEST OF
THE SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 54 SOUTH, RANGE 42
EAST, SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF THE
ROADWAY OF THE ORIGINAL MIAMI COUNTY CAUSEWAY VIADUCT AND THE
FACE OF THE WEST BRIDGE ABUTMENT RUN SOUTH 67 DEGREES 05' WEST,
ALONG A CENTER LINE OF SAID ROADWAY PRODUCED A DISTANCE OF 58.7
FEET TO A POINT; THENCE RUN SOUTH 31 DEGREES 43' EAST FOR A
DISTANCE OF 64.75 FEET TO A POINT OF BEGINNING OF THE TRACT OF LAND
DESCRIBED HEREIN.
FROM SAID POINT OF BEGINNING SUN SOUTH 67 DEGREES 05' WEST ALONG
THE SOUTHERLY LINE OF MIAMI COUNTY CAUSEWAY, A DISTANCE OF 158.21
FEET TO A POINT; THENCE RUN ALONG THE ARC OF A CIRCULAR CURVE
DEFLECTING TO THE RIGHT, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE
OF 6 DEGREES 15' 30" AND A RADIUS OF 243.86 FEET, A DISTANCE OF 26.64
FEET TO A POINT; SAID POINT BEING THE POINT OF COMPOUND CURVATURE
OF A CIRCULAR CURVE; THENCE RUN ALONG THE ARC OF A CIRCULAR CURVE
DEFLECTING TO THE RIGHT AND HAVING FOR ITS ELEMENTS A CENTRAL
ANGLE OF 1 DEGREE 25° 44" AND A RADIUS OF 1566.95 FEET A DISTANCE OF
39.08 FEET TO A POINT; THENCE RUN SOUTH 31 DEGREES 43° EAST A
DISTANCE OF 403.8 FEET TO A POINT' THENCE RUN SOUTH 25 DEGREES 29'
WEST A DISTANCE OF 97.46 FEET TO A POINT; THENCE RUN NORTH 64
DEGREES 31' WEST A DISTANCE OF 120.0 FEET TO A POINT; THENCE RUN
SOUTH 25 DEGREES 29'WEST A DISTANCE OF 100.0 FEET TO A POINT; THENCE
RUN SOUTH 64 DEGREES 31° EAST, ALONG A LINE PARALLEL TO THE
MUNICIPAL CHANNEL A DISTANCE OF 832.55 FEET TO A POINT; THENCE RUN
NORTH 31 DEGREES 43' WEST A DISTANCE OF 1069.40 FEET TO THE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED.
LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND:
COMMENCING AT A POINT 1580 FEET NORTH AND 2015 FEET WEST FROM THE
SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 54 SOUTH, RANGE 42 EAST,
SAID POINT BEING AT THE INTERSECTION OF THE CENTERLINE OF THE
ROADWAY OF THE ORIGINAL MIAMI COUNTY CAUSEWAY VIADUCT AND THE
FACE OF THE WEST BRIDGE ABUTMENT, RUN SOUTH 67 DEGREES 05 MINUTES
00 SECONDS WEST, ALONG THE CENTERLINE OF SAID ROADWAY PRODUCED,
A DISTANCE OF 58.70 FEET TO A POINT;THENCE RUN SOUTH 31 DEGREES 43
Page 239 of 1430
MINUTES 00 SECONDS EAST A DISTANCE OF 64.75 FEET TO A POINT, SAID
BEING THE POINT OF BEGINNING (1); THENCE RUN SOUTH 67 DEGREES 05
MINUTES 00 SECONDS WEST, ALONG THE SOUTHERLY LINE OF THE MIAMI
COUNTY CAUSEWAY, A DISTANCE OF 117.78 FEET TO THE POINT OF
BEGINNING OF CUT-OUT PARCEL OF LAND HEREIN DESCRIBED, FROM SAID
POINT OF BEGINNING; THENCE RUN SOUTH 67 DEGREES 05 MINUTES 00
SECONDS WEST, ALONG THE SAID SOUTHERLY LINE OF THE MIAMI COUNTY
CAUSEWAY, A DISTANCE OF 40.43 FEET; THENCE RUN ALONG THE ARC OF A
CIRCULAR CURVE DEFLECTING TO THE RIGHT, HAVING FOR ITS ELEMENTS A
CENTRAL ANGLE OF 06 DEGREES 15 MINUTES 30 SECONDS AND A RADIUS OF
243.86 FEET, A DISTANCE OF 26.64 FEET TO A POINT; SAID POINT BEING THE
POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE; THENCE RUN
ALONG THE ARC OF A CIRCULAR CURVE DEFLECTING TO THE RIGHT, AND
HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 01 DEGREES 25 MINUTES
44 SECONDS AND A RADIUS OF 1,566.95 FEET, A DISTANCE OF 39.08 FEET TO A
POINT; THENCE RUN SOUTH 31 DEGREES 43 MINUTES 00 SECONDS EAST A
DISTANCE OF 403.80 FEET TO A POINT; THENCE RUN SOUTH 25 DEGREES 29
MINUTES 00 SECONDS WEST A DISTANCE OF 97.46 FEET TO A POINT; THENCE
RUN NORTH 64 DEGREES 31 MINUTES 00 SECONDS WEST A DISTANCE OF
120.00 FEET TO A POINT; THENCE RUN SOUTH 25 DEGREES 29 MINUTES 00
SECONDS WEST A DISTANCE OF 100.00 FEET TO A POINT; THENCE RUN
SOUTH 64 DEGREES 31 MINUTES 00 SECONDS EAST, ALONG A LINE PARALLEL
TO THE MUNICIPAL CHANNEL A DISTANCE OF 832.55 FEET (RECORD AND
LEGAL DESCRIPTION) 832.55 FEET (CALCULATE) TO A POINT; THENCE RUN
NORTH 31 DEGREES 43 MINUTES 00 SECONDS WEST A DISTANCE OF 583.57
FEET; THENCE SOUTH 58 DEGREES 17 MINUTES 00 SECONDS WEST FOR A
DISTANCE OF 175.85 FEET; THENCE NORTH 32 DEGREES 27 MINUTES 12
SECONDS WEST FOR A DISTANCE OF 59.61 FEET; THENCE NORTH 32
DEGREES 00 MINUTES 10 SECONDS WEST FOR A DISTANCE OF 61.22 FEET;
THENCE NORTH 31 DEGREES 57 MINUTES 07 SECONDS WEST FOR A
DISTANCE OF 59.87 FEET; THENCE NORTH 31 DEGREES 45 MINUTES 47
SECONDS WEST FOR A DISTANCE OF 99.47 FEET; THENCE NORTH 32
DEGREES 00 MINUTES 04 SECONDS WEST FOR A DISTANCE OF 109.79 FEET;
THENCE NORTH 58 DEGREES 01 MINUTES 56 SECONDS EAST FOR A DISTANCE
OF 19.00 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE
RIGHT, OF WHICH THE RADIUS POINT LIES NORTH 87 DEGREES 07 MINUTES 46
SECONDS EAST, A RADIAL DISTANCE OF 71.65 FEET; THENCE NORTHERLY
ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 43 DEGREES 56 MINUTES
24 SECONDS, A DISTANCE OF 54.95 FEET; THENCE NORTH 31 DEGREES 06
MINUTES 33 SECONDS WEST FOR A DISTANCE OF 10.00 FEET, TO THE
SOUTHEASTERLY CORNER OF AN EXISTING ONE-STORY C.B.S. BUILDING;
THENCE CONTINUE NORTH 31 DEGREES 06 MINUTES 33 SECONDS WEST,
Page 240 of 1430
NORTHWESTERLY ALONG THE FACE OF THE SAID EXISTING C.B.S. BUILDING
LINE, A DISTANCE OF 39.60 FEET, TO THE NORTHEASTERLY CORNER OF SAID
EXISTING ONE-STORY C.B.S. BUILDING; THENCE CONTINUE NORTHWESTERLY,
NORTH 31 DEGREES 06 MINUTES 33 SECONDS WEST, FORA DISTANCE OF
30.28 FEET, TO THE POINT OF BEGINNING OF THE CUT OUT PARCEL OF LAND.
SAID PARCEL CONTAINING 82,223 SQ.FT. 1.89 ACRES, MORE OR LESS.
LYING AND BEING IN SECTION 4, TOWNSHIP 54 SOUTH, RANGE 42 EAST, CITY
OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA.
Page 241 of 1430
EXHIBIT"B"
SPECIAL EXCEPTIONS
1. Four hundred(400) feet of overlapping privileges along the bulkhead frontage of the Land
established by Indenture recorded January 4, 1933 in Deed Book 1509, at Page 81.
Indenture recorded January 23, 1933 in Deed Book 1510, at Page 282, and Indenture
recorded August 19, 1993 in Deed Book 1534, at Page 40, which overlapping privileges
are for the benefit of the owner(s) from time to time of"Tract A" as described in such
indentures.
2. Easement with the City of Miami Beach filed January 13, 1938, in Deed Book 1859. at
Page 180 and filed February 13, 1939 in Deed Book 1945,at Page 183.
3. Easement in favor of Florida Power& Light Company filed November 9, 1993 in Official
Records Book 16124, at Page 1004
4. Rights and easements of the United States government for commerce, navigation,
recreation and fisheries in and to any portion of the said land, which has been created by
artificial means or accreted to any portion so created.
5. Any and all rights of the United States of America and the State of Florida with respect to
submerged or filled in land or lands adjacent to or bordering upon navigable water or
streams,riparian rights incident to the ownership of the property described in Exhibit"A,"
and lying between high and low water marks of the Atlantic Ocean, its bays and inlets, as
well as currently submerged lands that are included within the lands described in Exhibit
6. Sovereignty Submerged Lands, Lease by and between the Board of The Internal
Improvement Trust Fund of the State of Florida (lessor) and Fisher Island Community
Association,Inc. (lessee)filed March 5,2008,in Official Records Book 22173,Page 4240.
7. Declaration of Restrictions between Fisher Island Community Association, Inc. and
Miami-Dade County filed April 11,2008, in Official Records Book 26320, Page 4081.
8. Order from the City of Miami Beach Planning Department filed on July 18, 2013, in
Official Records Book 28729, Page 2123.
9. UCC Financing Statement from Regions Bank filed on August 7,2018,in Official Records
Book 31090, Page 2731.
10. Easement in favor of Florida Power& Light Company filed January 16, 2020, in Official
Records Book 31782,Page 3218.
11. Easement in favor of Florida Power& Light Company filed February 5, 2020, in Official
Records Book 31807,Page 1652.
Page 242 of 1430
12. Declaration of Restrictive Covenants Regarding Improvements in the Public Rights-of-
Way filed February 12, 2020, in Official Records Book 31817,Page 2820.
13. First Amendment to Notice of Commencement filed July 23, 2020, in Official Records
Book 32019, Page 1445.
Page 243 of 1430