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HomeMy WebLinkAbout2001-24473 RESO RESOLUTION NO. 2001-24473 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A JOINT USE AGREEMENT, WITH TRG-SSDI, LTD., FOR A PORTION OF THE REAL PROPERTY OWNED BY TRG, LOCATED IN AN AREA AT THE WEST END OF SOUTH POINTE DRIVE, AND MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B" TO SAID AGREEMENT, FOR THE PURPOSE OF FACILITATING ACCESS FOR IMPROVEMENT, MAINTENANCE AND REPAIR OF TWO (2) EXISTING STORM DRAINAGE FACILITIES AND ONE (1) WATER MAIN LINE. WHEREAS, since 1983, the City has certain non-exclusive prescriptive easement rights over portions of the real property owned by TRG- ssm, LTD. ("TRG"), and more fully described in Exhibits "A" and "B" ofthe said Agreement, the Stormwater and Fire Main Easements, respectively ("the Easements"), and WHEREAS, the Easements are located within the 80-foot wide theoretical extension of South Pointe Drive, west of Alton Road and the Easements will allow the City access for improvement, maintenance and repair of two storm drainage facilities and a fire water main line, and WHEREAS, the storm water facilities are 42"x36" and 24"x30" box culvert pipes, currently used to transport storm water from Miami Beach to the storm water disposal facilities, and the 6" diameter water main that feeds a fire hydrant located in the Marina public walkway, and WHEREAS, after the performance of any work, the City will only be required to restore the removed soil or fill, cover the excavated areas with concrete or asphalt, as appropriate, and restored any grasses removed, and WHEREAS, TRG will be responsible for restoring any improvements located upon the surface of the Easements, including, but not limited to hardscape, pavers, trees, plantings, and other structural elements, and WHEREAS, TRG releases the City from any future obligations to relocate these utilities, and WHEREAS, TRG will be allowed to improve and maintain the surfaces of the Easements for the Port-of-Cochere area of the Murano Tower, and WHEREAS, TRG's installation, operation and maintenance of new utility lines that serve only the Murano Tower will not be located within seven (7) feet of the Stormwater Facilities or Fire Main and require the City's consent in writing for such installations, and WHEREAS, for any other improvement not mentioned above, TRG is required to obtain written approval from the City prior to initiating any additional improvements in the surface and/or subsurface ofthe Easements. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorize the Mayor and the City Clerk to execute a Joint Use Agreement, with TRG-SSDl, Ltd., for a portion of the real property owned by TRG, located in an area at the west end of South Pointe Drive, and more particularly described in Exhibits "A" and "B" to said Agreement, for the purpose of facilitating access for improvement, maintenance and repair of two (2) existing storm drainage facilities and one (I) water main line. APPROVED AND ADOPTED THIS 2~ DAY OF JUNE 2001. ATTEST: ,~ MAYOR ~rP~ CITY CLERK APPROVED NJlO FORM & LANGUAGE . FOR EXECUTION ./1111 /J(I)u!J.-;- ,- 20..0 ( ~~ Date CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO. Yi3-o J DATE: June 27, 2001 TO: FROM: Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. Gonzalez CJ.f%: C. M -HI'" Ity anager SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A JOINT USE AGREEMENT, WITH TRG-SSDI, LTD., FOR A PORTION OF THE REAL PROPERTY OWNED BY TRG, LOCATED IN AN AREA AT THE WEST END OF SOUTH POINTE DRIVE, AND MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B" TO SAID AGREEMENT, FOR THE PURPOSE OF FACILITATING ACCESS FOR IMPROVEMENT, MAINTENANCE AND REPAIR OF TWO (2) EXISTING STORM DRAINAGE FACILITIES AND ONE (1) WATER MAIN LINE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Since 1983, the City has certain non-exclusive prescriptive easement rights over portions of the real property now owned by TRG- ssm, LTD. ("TRG"), and more fully described in Exhibits "A" and "B" attached to the proposed Joint Use Agreement and hereinafter referred to as the "Easements". The Easements are located within the 80-foot wide theoretical extension of South Poiute Drive, west of Alton Road. The Easements will allow the City access for improvement, maintenance and repair of two storm drainage facilities and a fire water main line. The storm water facilities are 42"x36" and 24"x30" box culvert pipes, currently used to transport storm water from Miami Beach to the storm water disposal facilities, and the 6" diameter water main that feeds a fire hydrant located in the Marina public walkway. AGENDA ITEM C7D t; -J7-0! DATE June 27. 2001 City of Miami Beach Memorandum Joint Use Agreement with TRG Resolution Page 2 After the performance of any work, the City will only be required to restore the removed soil or fill, cover the excavated areas with concrete or asphalt, as appropriate, and restored any grasses removed. TRG will be responsible fore restoring any improvements located upon the surface of the Easements, including, but not limited to hardscape, pavers, trees, plantings, and other structural elements. In addition and pursuant to the Agreement, TRG releases the City from any future obligations to relocate these utilities. TRG will be allowed to improve and maintain the surfaces of the Easements for the Port-of-Cochere area ofthe Murano Tower. The improvements include: vehicular parking, pedestrian ingress and egress, drive isles, pavers, landscaping, sidewalks and curbs, per the landscaping plans L-2 and L-lO, dated October 25, 2000 and previously approved by the City's Building Department. TRG's installation, operation and maintenance of new utility lines that serve only the Murano Tower will not be located within seven (7) feet of the Stormwater Facilities or Fire Main, require the City's consent in writing for such installations. For any other improvement not mentioned above, TRG is required to obtain written approval from the City prior to initiating any additional improvements in the surface and/or subsurface of the Easements. The Easements are beneficial to the City and will avoid having to relocate existing utility lines, Therefore, the Administration recommends approval of the attached Resolution. JMG/&1bAR~ J I 9 8 8 5 PG 2 2 7 2 Joel K. Goldman, Esq. Greenberg, TraU'rhi,i'i>'/A.J :. il': "; ,j 1221 Brickell Avenue Miami, Florida: 33131: :.'c: : , 'I F! t"', .. ;--,'i h' /' ,/ -. " /' - ,/ ,...,<,~ I I .1,7:" t':.:',. , 01R48807-4- .---~ J~ or u..-L-. i- ~..... , 2001 SEP 06 11:35 This Instrument Was Prepared By, Record and Return to: .-..... '-~ ,"'~, . - ,. ~- ,-. L! I,Y<, I' " .. !:; JOINT USE AGREEMENT )"" "'i"~' V ,~,\.....,.:;,~ THIS JOINT USE AGREEMENT (the "Agreement") is made and entered into as of the 30th day of August, 2001 by and between TRG-SSDI, LTD., a Florida limited partnership ("TRG"), whose address is 2828 Coral Way, Miami, Florida 33145 and THE CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (the "City"), the mailing address of which is 1700 Convention Center Drive, Miami Beach, FL 33139. R E C I TAL s: A. The City has certain non-exclusive prescriptive easement rights over portions of the real property owned by TRG in which are located certain storm sewer and fire main facilities, more particularly described below, and located in the areas described more fully on Exhibit "A" and "B" attached hereto and hereby made a part hereof (the "Stormwater and Fire Main Easements" or, collectively "the Easements");and B. Located on TRG's property are two (2) storm drainage facilities ("Stormwater Facilities"), which are currently used for transporting stormwater Miami Beach to stormwater disposal facilities and a six (6) inch water main, used for fire fighting purposes (the "Fire Main"), shown and described more specifically on Exhibits "A" and "B", respectively; and C. Pursuant to a court approved Settlement Agreement between the City of Miami Beach and its Redevelopment Agency and land use approvals by the City, pursuant to said Settlement Agreement, TRG has expended, and continues to expend, significant sums in the construction of a multi-unit mixed use apartment building on property (the "Property") encompassing the Easements; D. And, the Property is uniquely located at the South tip of Miami Beach and is the sole piece of privately owned property that surrounds said Stormwater Facilities and the Fire Main in the City of Miami Beach; and E. TRG desires to construct, operate, and maintain certain structures and improvements within the surface and near surface boundaries of the 'Easements; and urr.l\tl" DI\. I 9 8 8 5 PG 2 2 7 3 F. The Easements do not expressly delineate the respective rights of TRG and the City with respect to the use of the Easements, and the parties hereto have agreed to terms as to the joint use of the Easements as provided below. NOW THEREFORE, in consideration of the sum of One and No/l 00 Dollar ($1.00) and other good and valuable consideration paid to the City by TRG, the City and IRG hereby agree as follows: I. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Scope of Use. (a) Subject to the approval of the City and all other regulatory agencies with jurisdiction, TRG shall be permitted to improve and maintain the Easements for motor vehicle parking, vehicular and pedestrian ingress and egress, drive aisles, pavers, landscaping, sidewalks, curbs, and other related improvements as provided in those certain plans and specifications prepared by Sieger Suarez Architectural Partnership and constituting pages L-2 and L-IO and dated ("full set issue" date) October 25,2000, which have been approved by the appropriate department of the City (the "Approved Plans''). TRG acknowledges and agrees that any material modifications to the Approved Plans shall require the prior written consent of the City, such consent not to be unreasonably withheld or delayed. (b) Except as provided in subparagraph 2(a) above, IRG shall not construct, operate, and maintain any structure or improvement on the surface or near surface portion of the Easements without first obtaining the written approval of the City, such approval not to be unreasonably withheld or delayed. The City shall grant such approval if such structure or improvement does not interfere with the use, operation, or prospective repairs to the Stormwater Facilities or Fire Main, as determined in the reasonable discretion of the City. (c) Except as provided in subparagraph 2(a) above, IRG shall not construct, operate, and maintain any structure or improvement in the subsurface portion of the Easements, including, but not limited to, the foundation and footings of and/or anchors for surface improvements, without first obtaining the written approval of the City, such approval not to be unreasonably withheld or delayed. The City shall grant such approval if such subsurface structure or improvement does not interfere with the use, operation, or prospective repairs of the Stormwater Facilities or Fire Main, as determined by the City in its reasonable discretion. This section shall not preclude IRG's installation, operation and maintenance of other utility lines, provided those utility lines not presently existing or approved by the City for the development of the Property are not located parallel to and within seven (7) feet of the Stormwater Facilities or Fire Main, and the City consents in writing to such installation, with such consent not to be unreasonably withheld or delayed. Nothing contained herein shall be construed to not permit IRG to install, operate or maintain any and all utility lines presently existing on the Property or approved 2 urr. r\tl" DI\. I 9 8 8 5 PG 2 2 7 4 for installation by the City or appropriate regulatory agencies, whether these facilities be parallel or at any other angle to the Stormwater Facilities or Fire Main. (d) The City reserves the right to use, operate, and maintain the Stormwater Facilities and Fire Main. 3. Protection Qflmprovernents and Stormwater Facilities, (a) In its use of the Easements and in the performance of the work which TRG is authorized to perform within the Easements, TRG shall use its best efforts to avoid causing any damage to, or interference with, the Stormwater Facilities, the Fire Main or any other structures or improvements owned or operated by the City located within the Easements. (b) TRG shall notifY the Sunshine State One-Call Network of Florida, or other similar entity if another such entity is created subsequent to the execution of this Agreement and otherwise comply with all applicable laws, prior to any excavation within the boundaries of the Easements. (c) In its use of the Easements, the City shall use its best efforts to avoid causing any damage to, or interference with, any of TRG's improvements on or within the Easements or on the real property adjacent to the Easements owned by TRG, but under no circumstances, except for negligence, shall the City be liable for any damage to, or interference with the operation of any structure or improvement owned or operated by TRG within the surface or near surface portions of the Easements. 4. Obliiations ofTRG. In making use of the Easements, TRG shall: (a) Use its best efforts to provide for the safety and convenience of all persons using the Easements or the improvements installed within the Easements by City. (b) Use its best efforts to coordinate its construction, repair and maintenance activities within the Easements with the City's construction, maintenance and operation of improvements within the Easements. (c) Use its best efforts to IUlmmlze interference with the City's, its successors', assigns', guests' and invitees' use and enjoyment of the Easements, together with any improvements constructed thereon. 5. Oblia:ations of the City, In making use of the Easements, the City shall: (a) Use its best efforts to provide for the safety and convenience of all persons using the Easements or the improvements installed within the Easements by the City. (b) Use its best efforts to coordinate its construction, repair and maintenance actIvItIes within the Easements with TRG's construction, maintenance and operation of improvements upon the Easements and/or adjacent property owned by TRG. This provision 3 I 9 8 8 5 PG 2 2 7 5 shall not prevent the City from undertaking immediately any use of the Easements in cases of emergency. (c) Use its best efforts to minimize interference with TRG's, its successors', assigns', guests' and invitees' use and enjoyment of the Easements, together with any improvements constructed thereon, The City shall provide IRG with ten (10) days prior notice before making any use of the surface area of the Easements. This provision shall not prevent the City from undertaking immediately any use of the Easements in cases of emergency. IRG may waive this provision by indicating to the City in writing its agreement with such a prospective use. (d) After the performance of any work in connection with the Easements, replace and restore, at City's sole cost and expense, such area disturbed by such work to the condition of such area before the performance of that work except as noted below and raise or lower manhole castings to conform to the elevation of the planters, parking area, driveway, and road surfaces in which they are located. City's sole responsibility for restoration shall be for any removed soil or fill, recovering of excavated areas with concrete or asphalt, as appropriate, and restoration on any grasses removed in conjunction with City's work in the Easements. City shall not be responsible for the cost of restoration of any trees, plantings, pavers, hardscape, porte cochere or other structural improvements installed by TRG. TRG shall be responsible for restoring the above-noted improvements located upon the surface of the Easements at it's sole cost and expense; 6. Liens and Relocation RilPlts. TRG shall not permit any claim, lien, or other encumbrance arising from IRG's use of the Easements to accrue against or attach to the interest of the City in the Easements, nor shall the City permit any claim, lien, or other encumbrance arising from the City's use of the Easements to accrue against or attach to TRG's interest in the Easements. TRG further agrees that in consideration of this Agreement, TRG hereby waives any rights it may have to require the City to relocate, at City's cost and expense, the Stormwater Facilities or Fire Main. 7, Environmental Indemnity. TRG shall indemnify, defend, protect, and hold the City and the City's officers, directors, partners, agents, employees, successors and/or assigns harmless from and against any and all actual or potential claims, proceedings, lawsuits, liabilities, damages, losses, fines, penalties, judgments, awards, costs and expenses, including, without limitation, reasonable attorneys' fees and costs (at trial and all appellate levels), that arise out of or relate in any way to any use, storage, transfer, generation, disposal, or discharge of hazardous materials caused by TRG's or its agents' and/or employees' use of the Easements. At TRG's request, and to the extent permitted by law, the City shall defend or intervene, as determined by TRG, TRG's officers, directors, partners, agents, employees, successors and/or assigns from and against any and all actual or potential claims, proceedings, lawsuits, liabilities, damages, losses, fines, penalties, judgments, awards, costs and expenses, including, without limitation, reasonable attomeys' fees and costs (at trial and all appellate levels), that arise out of or relate in any way to any use, storage, transfer, generation, disposal, or discharge of hazardous materials caused by the City's or its agents' and/or employees' use of the Easements. This agreement to defend shall survive the termination of this Agreement. As used in this Agreement, "hazardous materials" means: 4 UII. nL" UI\. I 9 8 B 5 PG 2 2 7 6 (d) All substances, wastes, pollutants, contaminants. and materials now or hereafter regulated, or defined or designated as hazardous, extremely or imminently hazardous, dangerous, or toxic, under the following federal statutes and their state counterparts, as well as these statutes' implementing regulations: the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.c. g9601 et seq.; the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. gl36 et seq.; the Atomic Energy Act of 1954, 42 U,S.C. g2011 et seq.; and the Hazardous Materials Transportation Act, 49 U.S.C. g5101 et seq.; (e) Any additional hazardous substances or materials that are now or become defined as "hazardous substances," "hazardous waste," "toxic substances," or "toxic waste" under any other federal law or under any state, City, municipal, or other law applicable to the Easement Parcel or under any regulations promulgated under any such law; (f) Petroleum and petroleum products including crude oil and any fractions thereof; (g) Asbestos; and (h) Natural gas, synthetic gas, and any mixtures thereof. 8. Duration. This Agreement shall automatically terminate upon relocation of the Stormwater Facilities and Fire Main, only as to the relocated Facilities or Main. If either is relocated individually, the provisions hereof dealing with such relocated facility shall be void and of no further force and effect while the provisions hereof shall remain in full force and effect for the non-relocated Facility or Fire Main. 9. Insurance. TRG shall maintain such policies of general liability insurance as may be reasonably required by the City insuring against loss or damage occurring in connection with the TRG's use of the Easements, and shall deliver to the City copies of certificates issued from time to time evidencing such coverage. All such liability policies shall designate the City as an additional insured and shall be issued by a company or companies reasonably satisfactory to City. 10. Indemnity. (a) TRG hereby indemnifies and holds harmless and agrees to defend the City from any and all actions, causes of action, claims, liabilities, demands, losses and expenses of any kind whatsoever, including, without limitation, reasonable attorneys' fees and court costs at trial and all appellate levels, which may be filed or made against the City, its officers, directors, partners, agents, employees, successors and/or assigns, caused by TRG in the use of the Easements or in otherwise carrying out the terms of this Agreement. (b) At TRG's request, and to the extent permitted by law, the City hereby agrees to defend or intervene, as determined by TRG, TRG from any and all actions, causes of action, claims, liabilities, demands, losses and expenses of any kind whatsoever, including, without limitation, reasonable attorneys' fees and court costs at trial and all appellate levels, which may be filed or made against TRG, its officers, directors, partners, agents, employees, successors 5 I 98 8 5 PG 2 277 and/or assigns, caused by the City in the use of the Easements or in otherwise carrying out the terms of this Agreement. II. Self-Help Remedies. Should either party fail to perform any obligation set forth in this Agreement and fails to cure the non-performance of the obligation within thirty (30) days after written notice (however, no notice shall be required in an emergency), the aggrieved 'party shall have the right, but not the obligation, to perform the obligation and be reimbursed for the reasonable cost of that performance within ten (10) days after receipt of a statement thereof along with any documentation substantiating the costs incurred by that party, if requested by the defaulting party. Thereafter, interest shall accrue upon any unpaid amounts at a rate equal to the highest rate permitted by applicable law in effect from time to time. 12. No Dedication. Neither this Agreement nor the rights of the City to use of the Easements shall be deemed a dedication of all or any portion of the Easements to the public. 13. Assi~ment. TRG shall be permitted, without approval of the City, to assign its rights and obligations under this Agreement to a condominium association or master association responsible for the maintenance of the surface or near surface of the Easement Parcel, and upon such assignment, said condominium association or master association shall assume all ofTRG's obligations hereunder and TRG shall be automatically released from its obligations hereunder. Any further assignments shall be subject to the City's reasonable approval, which shall not be ,unreasonably withheld or delayed. The City shall not be permitted to assign, transfer or convey all or any part of its interest in the Easements, except to a successor municipal corporation. 14. No Extin~ishments. No use of the Easements by TRG shall extinguish the rights held by the City in the Easements, or work to deprive the City of any such rights it has to use the Easements. 15. Prevailinl! Party. In the event of litigation arising out of the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs at the trial level and all levels of appeal. 16. Remedies. In the event of a default hereunder, in addition to the remedies set forth in Section 8 above, the non-defaulting party shall be entitled to seek all remedies at law or in equity, 17. 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 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 parties at the address set forth on page I of this Agreement (or to such other address as either party shall hereafter specify to the other in writing). 18. Severability. In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed in full force and effect. 6 -' ..., I ~ II';;'" iiit. I 9 8 8 5 PG 2 2 7 8 19. Entire A~reernent. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties with respect thereto. IN WITNESS WHEREOF, the said Parties have hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: TRG-SSDI, LTD., a Florida limited partnership By: TRG-SSDI, Inc., a Florida corporation, as General Partner Prin'~'(;;:/~>-hLh"C d~&~~ ~~:~ MIAMI BEACH, a municipal corporation of the State of Florida ~--~ Print Name: '5A'N (().t.'{ffl-. ~ ~l~ .~. , Print am:;;'~ _ ~ By: Name: Title: Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 7 I 9 8 8 5 PG 2 2 7 9 STATE OF FLORIDA ) ) ss: CITY OF MIAMI-DADE ) The foregoing instrument was acknowle~ed before me this ~ day of 1uJ 1. ' 200~ by ~('{J _ H'I. B"{)h~ n , as ,( c..e. prfl!;; dent of TRG-SSD , Inc., a Florida corpo anon, as general partner of TRG-SSDI LTD., a Florida limited partnership, on behalf of the partnership. He is personally known to me or produced a driver's license as identification. STATE OF FLORIDA p' S Clt=N TInt or tamp ame: Notary Public, State of Florida at Large." My Commission Expires: ~i'f;, th9ndo~ 'WIIl-e. r-SMiItl ; .... HoIoIJ Public-State of Florida ) ~. '# Commission # CC 758-490 ) ss: OFf\: Erpires jut. t2,2oo2 CITY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this ~ day of ~ u.&:l , 2000 by NeL5tft (').. rosctLfl , as ~()Y of Miami each, a municipal corporation of the State of Florida, on behalf of the City. He is personally known to m. m prodmol, drim', Ii"". m~ ~ PIViorS pName: ~lUU U~I!) Notary Public, State of Florida at Large My Commission Expires: ~f~ MIRIAM M MERINO JIall MY COMMISSION" CCIl88305 ~"'J EXPlRl!S:_15,2IXl3 1-1llO+NOTARY f1a. NlDy s.Mct . BoncInI Co. 8 , u, r. I\Lv ~n~ I 9 8 8 5 PG 2 2 8 0 CONSENT AND SUBORDINATION The undersigned, First Union National Bank, as the holder of that certain Amended and Restated Mortgage and Security Agreement recorded in Official Records Book \9 1'1 S- , Page ~'" ~ , of the Public Records of Miami-Dade City, Florida, as amended, hereby consents to the foregoing Joint Use Agreement and subordinates the lien of said mortgage to the rights granted to the City in the foregoing Joint Use Agreement. '-vL".,...L C~ Print Name: ,u,CCL"- C",,',.; t9tf~. Print~;P~J-~::~:t~e~ By: Name: . ~ Title:~ 61.4"0- :;;o{~ STATE OF FLORIDA ) ) ss: CITY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this ;J.~.d day of ~, 200~ by PG.r&R G;;./-!9PHF7M , asS";:> j/I(!f ?ReSln&Plof FIRST UNION NATIONAL BANK, on behalf of the bank. He is personally known to me or produced a driver's license as identification. CF!~::::r~ Print or Stamp Nam : Notary Public, State of Florida at Large My Commission Expires: ~::oo. 0I0IIe -- ~1i*My CommIoIlon CC822855 '>.::;' Elqlir8I AprIl 1. 21m 9 - i . MURANO AT PORTOFINO - ~ o z.s $0 1.0 co co t1'l ~ en N N co ONE INC... - SO ~ - M8T4.6'..e:. 2S, , . ~o.oa' unUTT E:ASEMEHT :;I_ $tO lit QRNN N:lZ'1 2' IS"" iJ.C~' 44' STOll" -" sa 4 48 240.1~ p.a.9. Nl'SS',S'" 51,28' S""1l<E ST. LEGAL DESCRIPTION COMMENCE ot Cl point on the Westerly right or way line of JefFe~on Avenue. $oid. right of way oeing 70 feet in width, and the intersection with the Sautherly right of woy line of Biscoyne Street, said right of way being 80 feet in width: thence N."55'19"W.. along ,aid Westerly right of wey line of Jefferson Street 0 distance af 51.28 feet to the POINT OF' 8EGINNING of the Following described parcel:' thence S.87"~6'48"W., 0 distance of 240.15 feet; thence N.32'l :Z'16"W,. 17 distence of 23.09 feet; thence N.87'46'4B"E., a distance or 251.79 feet; thence SYSS'19"E:., q distonce of 20.00 feet to the POINT OF' BEGINNING. Exhibit" A" DRAINAGE EAs'EKENT SJ:ltiJr.l' 1 ~IHIHLT 1-1 " MURANO AT PORTOFINO ssr4715.W 6. e' P.O.S. ,!X~"~ 4--" 12""" . IS 1~ '" ~'" ~- , '" :;: ~ INal~'19"W . ~ ;:511.41' ~ o 30 ONE INCH . 30 FED' S8T&8', #':'w SIL43' p "s:ni~7"E .20US' LEGAL DESCRIPTION COMMENCE at 0 point on the Westerly right of way line of Jefferson Avenue, said right of way being 70 feet in width, and the intersection with the Southerly right of way line of Biscayne Street, said right of way being 80 feet in width; thence N,l'SS'19"W" olong said Westerly right of way line of Jefferson Street a distance of 39A 1 feet to the POINT OF BEGINNING of the following described 10 feet wide centerline easement; thence S,87"44'1S"W" a distance of .6,26 feet; thence S,1"SS'S4"E., a distance of 29,26 feet; thence S.50"22'7"W" 0 distance of 26.04 feet; thence S.8t48'14"W" a distance 'of 58.43 feet; thence S,64"J7'S4"W., a distance of 65.42 feet; thence S.29"S7'47"E., a distance of 8.3.42 feet; thence S.57."47'44"W., a distance of 40.43 feet to the intersection of the Westerly PROPERlY LINE. Exhibit "B" WATER MAIN EASEMENT e:xHIBlT 1-1 SHEET 1 """"""""INOI'PCIAl.ReCC>OD$""",, """."''':0(''''''.....''''''''' RECORD VERIFIED HARVEY RUVIN CIJjRK CI1?CUlT cnll~ T , . \D CO CO en -0 c;-,) N N em N. co ... =" "" ... .., ... ?'"