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First Amendment to Easement Agreement~OD9-z7o9s <%uN'C -~, Zoo 9 _ ~-l~ FIRST AMENDMENT TO EASEMENT AGREEMENT THIS FIRST,y-1MEND~ T O EASEMENT AGREEMENT (this "Amendment") is made as of the Q_ day of `~, 2010, by and among CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida (the "City"), UTA MANAGEMENT, LLC, a Delaware limited liability company ("UTA"), MBEACHl, LLLP, a Delaware limited liability limited partnership ("MBeachl"), MBEACH3, LLC, a Delaware limited liability company ("MBeach3") and SUNTRUST BANK, a Georgia banking corporation ("SunTrust"). UTA, MBeachl, SunTrust and MBeach3 are each, a "Developer Party" and collectively, the "Developer Parties". The City, Developer Parties and SunTrust are each, a "Party", and collectively, the "Parties". RECITALS: A. The City, UTA, MBeachl and MBeach3 entered into that certain Easement Agreement dated April 11, 2007, and recorded in Official Records Book 25537, Page 1980 of the Public Records of Miami-Dade County, Florida (the "Agreement"). B. MBeachl is the owner of certain land located at 1111 Lincoln Road, Miami Beach, Florida, and more particularly in the attached Exhibit "A-1" (the "MBeachl Property"). C. MBeach3 conveyed to SunTrust certain land adjacent to the MBeachl Property, located at 1665 Alton Road, Miami Beach, Florida, and more particularly described in the attached Exhibit "A-3" (the "SunTrust Property"), and retained ownership of certain air rights above the SunTrust Property, more particularly described in the attached Exhibit "A-2" (the "MBeach3 Property", and together with the MBeachl Property and the SunTrust Property, the "1111 Lincoln Road Property"). D. The Parties desire to modify the Agreement pursuant to the terms of this Amendment. NOW, THEREFORE, in consideration of the premises and the covenants contained herein, the Parties hereto agree as follows: 1. Recitals' Capitalized Terms. The above and foregoing recitals are true and correct and incorporated herein by reference thereto. Capitalized terms not otherwise defined in this Amendment shall carry the meanings given to them in the Agreement. 2. Description of Property. Exhibits "A-1" and "A-2" in the Agreement are hereby deleted and replaced with the attached Exhibits "A-1", "A-2" and "A-3". 3. Grant of Easements. The first paragraph in Section 2 in the Agreement is hereby deleted and replaced with the following paragraph: "The City hereby grants to Developer Parties (a) a temporary construction right- of-way permit and/or easement and continuing maintenance easements and/or right-of--way permits along Lincoln Road, Alton Road, Lincoln Lane, Alton MIAMI 1719122.4 7713726901 Court, and Lenox Aver_ue, the dedicated rights-of--way adjacent to the 1111 Lincoln Road Property (each, a "Right-of--Way" and collectively, the "Rights-of- Way"), for the construction and maintenance of, without limitation, the architectural overhangs and features and below grade pile cap encroachments, the outer boundaries of which are depicted in the attached Exhibit "B" (collectively, the "1111 Lincoln Project Easement Improvements"), and (b} a subsurface utility easement for the installation, operation, and continuing maintenance of underground utilities to be located in the Rights-of--Way that are necessary to serve the improvements constructed and/or to be constructed by MBeachl on the IvlBeachl Property and by SunTrust and MBeach3 on the SunTrust Property and MBeach3 Property, respectively (collectively, the "Utilities")." Exhibits "B" and "C" attached to the Agreement are hereby deleted and replaced with the attached Exhibit "B". 4. Ratification. All terms, covenants and conditions of the Agreement not expressly modified herein are hereby confirmed and ratified and remain in full force and effect. 5. Severability. If any provision of this Amendment or the application of a provision to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Amendment and the application of .the invalid or unenforceable provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected, and 'the remainder of this Amendment shall otherwise remain in full force and effect. Moreover, the invalid or unenforceable provision shall be reformed, if possible, so as to accomplish most closely the intent of the Parties consistent with applicable law. 6. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same amendment. 7. Notices. Section 20 of the Agreement is to add the following at the end: FOR SUNTRUST: SunTrust Banks, Inc. Mail Code -Orlando - 2032 200 South Orange Avenue SORB-3 Orlando, Florida 32801 Attention: Real Estate Department Fax: X07' Z ~7'l7lft T?1"~.g, :710122.4?713726901 With a copy to: SunTrust Banks, Inc. Mail Code: Orlando - 2034 200 South Orange Avenue S OAB-3 Orlando, Florida 32801 Attention: Legal Department Fax: YO'] ~ ~7~? And with a copy to: Holland & Knight LLP 200 South Orange Avenue, Suite 2600 Orlando, Florida 32801 Attention: Stephen W. Shively, Esq. Fax: 407-244-5288 8. Limitation of Liability. Notwithstanding anything set forth in the Agreement, as amended hereby, to the contrary, any obligations and/or liabilities of SunTrust (and/or any successors to SunTrust as owners of the SunTrust Property) under the Agreement shall be limited specifically to only those obligations and liabilities relating exclusively to the SunTr¢st Property to the extent arising on or after December 23, 2008 (the date of SunTrust's acquisition of the SunTrust Property), and not relating to the MBeachl Property, the MBeach3 Property or any portion(s) thereof. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] ~~,nti.i i;,~,zz.a~~:~72E9Q1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. WITNESSES: `f .~ ~~GrG~~~ Sign ~~G CUYoI ~~~ Print Name Sign ~~i ~ ~ ~~A- ~ , ~~~ +~,~~~ ~sP v Print Name CITY: CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of he State f Florida By: Name: atti errera wer Title: Mayor B ~~`"„ ~ Y Name: Robert Parcher Title: City Clerk ATT T: STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE ) y~- ~a~~ The foregoing instrument was acknowledged before me this day of~ebrttarp; 2010, by Matti Herrera Bower, as Mayor, and Robert Parcher, as City Clerk, of the City OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf of such municipal corporation. They are personally known to me or produced valid Florida driver's licenses as identification. ~ /~ /~/~) A4`. C~QifL;~..~,CPIw U~ ~~-t~ '=;;: :April ?g S 2 Da ~.~ ~~~a Ti ~a r ry ~~ MIAMI 1719122.4 7713726901 Public, State of Florida My commission expires: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 3~ ~-~~ rty home ate ~,_ WITNESSES: DEVELOPER PARTIES: UTA MANAGEMENT, LLC, a Delaware limited liability company By: Urban Investments Advisors, LLC, a Delaware limited liability company, its Managing Member By: Wellspring Investments Management I, LLC, a Delaware limited liability company, its Managing Member -~- B: Name: Robert S. Wennett Title: Managing Member STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE ) The foregoing.instrument was acknowledged before me this ~~day of February, 2010, by Robert S. Wennett, the Managing Member of Wellspring Investments Management I, LLC, a Delaware limited liability company, the Managing Member of UTA Management, LLC, a Delaware limited liability company, on behalf of such limited liability companies. He is personally known to me or produced valid Florida driver's 1' enses as identification. ,~~~~~~~~~. Heather Leigh ,~'p,Y tp •,,, N ary Public t e - lorida ,g;• ~, CAMMISSION#DD939320 =~•• ."= IXPIRES: NOV.17,2013 %',~;o~~~'' WWW.AARONNOTAR'Laom My commission expires: ~~/~ /,~ MIAMI 1719122.4 771372690 ~~~ ~I• l~a~~a.~ Si G,,,,~c~~. P,~~~~ Print Name WITNESSES: MBEACHI, LLLP, a Delaware limited liability limited partnership By: MBEACHI GP, LLC, a Delaware limited liability company, its General Partner By: Urban Investments Advisors, LLC, a Delaware limited liability company, its Sole Member Sign: ~ By: Wellspring Investments i Management I, LLC, a Print ame: Delaware limited liability company, its Managing ~~~ Member Sign: / Q ~~p2~ ~~y ' --- By: / ~ Print Name: v Nam :Robert S. Wennett Title: Managing Member STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this l~day of February, 2010, by Robert S. Wennett, the Managing Member of Wellspring Investments Management I, LLC, a Delaware limited liability company, the Managing Member of Urban Investments Advisors, LLC, a Delaware limited liability company, the Sole Member of MBeachl GP, LLC, a Delaware limited liability company, the General Partner of MBeachl, LLLP, a Delaware limited liability limited partnership, on behalf of such limited liability companies and limited partnership. He is personally known to me or produced valid Florida driver's licenses as identification. No y Public, lorida ~,.~"Yp~.,,, Heather Leigh 1~s!..• =~' `~, coMMlssioNa00939320 M commission ex fires: 1~~ ~~ :'~'•..~`~ IXPIRES: NOV. 17, 2013 Y P °tia,',oc~°, y+Ww.AARONNOTARYcom MIAMI 1719122.4 7713726901 WITNESSES: STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE ) MBEACH3, LLC, a Delaware limited liability company By: 1665 ALTON ROAD CORP., a Delaware corporation, its Sole Member `---\~~---`3 By. _-- Name: Robert S. Wennett Title: ~eslda-1't- The foregoing instrument was acknowledged before me this ~~ day of Februazy, 2010, by Robert S. Wennett, the Managing Member of 1665 Alton Road Corp., a Delaware corporation, the Sole Member of MBeach3, LLC, a Delaware limited liability company, on behalf of such corporation and limited liability company. He is personally known to me or produced valid Florida driver's licenses as identification. ,,,•~rp~.,, Heather Leigh ,••.?`•. _: 4~ DpµµiSS~pN # DD93932 ~~ ~ EXPIRES: ODNOTARL~m otazy Pub 'c t f Florida My commission expires: 1~~~~ MIAMI 1719122.4 7713726901 Print Name: 4 R • ~ a Il oJ1.1 ~' WITNESSES: Sign: n.La°•v 1 Print Narrm//e. G~ ~ o M Pty Sign: KC= MC~ Print Name: SUNTRU ANK, a Geo banking corporation By: 1 i~~ ~' Name: v 1 0 Title: STATE OF FLORIDA COUNTY OF ~ ~~l'~ ~Z, SS: The foregoing inst ent was acknowledged before me this ~ day of February, 2010, by~prn~ C~~ ~~ of SUNTRUST BANK, a Georgia Banking Corporation. He/She is personally known to me or has produced a drivers' license as identification. ~-~~ 4 ~~ Print Name: F-'(-jai Ada G~isb~ .ti-~ Notary Public, State of Florida at Large Commission No. ~7$aleaa9 My Commission Expires l~ ~ a-- s'tiM"~'"°-. MELINDACHISOLM _~+' h4,: 3xt .: ~ MY COMMISSION M DD 828289 ~~. ' ? EXPIRES; October 14, 2012 `?„qf BondedThruNdaryPuWicUndarwnters MIAMI 1719122.4 7713726901 CONSENT AND SUBORDINATION OF MORTGAGEE Sabadell United Bank, N.A., formerly known as Mellon United National Bank, being the holder of that certain Renewal Mortgage, Notice of Future Advance, Assignment of Leases and Rents, Security Agreement and Fixture Filing executed by MBEACHI, LLLP, a Delaware limited liability limited partnership, dated June 26, 2008, filed June 27, 2008, in Official Records Book 26455, at Page 344, Public Records of Miami-Dade County, Florida (the "MBEACHI Mortgage"), and that certain Renewal Mortgage, Notice of Future Advance, Assignment of Leases and Rents, Security Agreement and Fixture Filing executed by MBEACH3, LLC, a Delaware limited liability company dated June 26, 2008, filed June 27, 2008 in Official Records Book 26454, Page 4963 of the Public Records of Miami-Dade County, Florida, as amended by that certain Mortgage Modification, Spreader and Partial Release dated December 23, 2008, filed December 24, 2008, in Official Records Book 26698, Page 2044 in the Public Records of Miami-Dade County, Florida (as amended, the "MBEACH3 First Mortgage"), hereby consents to the filing of, and agrees that the MBEACHI Mortgage and the MBEACH3 First Mortgage shall be subject and subordinate to the terms of, the foregoing First Amendment to Easement Agreement and the underlying Easement Agreement being amended thereby. Signed, Sealed and Delivered in the IR'esence of: ~ Sabadell United Bank, formerly known as Mellon United NationalBank ,~ .: , :_ By: ' me t° ~ q! ~1L)i:(f~ Name: ~NI LL i~4t'~ Title: Name o n STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrum nt w; ahs~ac~knowledged before me thi // day of February, 2010, by /,y,//.~,~ ~ • ~A ~f A ~4 as ~ • _ of Sabadell United Bank, formerly known as ellon United National Bank, on behalf of said bank. He/She Cis personally known to rrl~ or has produced as ~\P-~- RVQ'~~i'i G.~aTAgj,•.; 9i~~ •C% My Comm. Expfrea.t m=_ Nota ublic State of Flori a duy or zoro . N- ry , No. DD 564359 ^• Q'.; lc ri~-'c~ 0,~~~` My Commission Expires: l1 P~ MIAMI 1719122.4 7713726901 EXHIBIT "A-1" LEGAL DESCRIPTION OF MBEACHl PROPERTY Lots 1, 2, 3, 4, 5 and 6, Block 39, COMMERCIAL SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, Page 5 of the Public Records of Miami-Dade County, Florida, and Lots 7 and 8, Block 39, PALM VIEW SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, at Page 29, of the Public Records of Miami-Dade County, Florida, Less and except: A portion of Lot 7, Block 39, PALM VIEW SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, at Page 29, of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: Begin at the Northwest comer of said Lot 7; Thence South 00°48'26" East along the West line of said Lot 7, a distance of 22.02 feet to a point on a tangent curve concave to the Northeast; Thence Southeasterly along the arc of said curve, having a radius of 8.00 feet, a central angle of 90°02'39" and an arc distance of 12.57 feet; Thence North 89°08'55" East along the South Line of said Lot 7, a distance of 22.02 feet to a point on a tangent curve concave to the Northeast; Thence Northwesterly along the arc of said curve, having a radius of 30.00 feet, a central angle of 90°02'39" and an arc distance of 47.15 feet to the Point of Beginning. Said land situate, lying and being in the City of Miami Beach, Miami-Dade County, Florida; containing 180 square feet, more or less. MIAMI 1719122.4 771372690] EXHIBIT "A-2" LEGAL DESCRIPTION OF MBEACH3 PROPERTY MIAMI 1719122.4 7713726901 SKETCH TO ACCOMPANY LEGAL DESCRIPTION 20' ALLEY 80.00' SOO'48 26 "E ~ 5,35' R . N R I ' ~ r' p 1 ~ ~ j~ I 1 it I I ) II ' ~I I I I II j ~ I L~(~ I i i t' .\ '~ ~Y ~I MGM' r--~u 9 ~ !. J 1 i N89'OB'S5 E RADIAL D=76'33'11 "1 A=2, 558' R=1.93' RAD S 14' 17'53 E i '55 "W 1'05" ~ ;' _ f ~ _ fy if ~.. ~ i•-- N ° ~ i e i' __ --r-. 0.50' ..._ hi O , ~ a ~ o C,, i ~I ~ V, I ~ j~°w J S ' ' II`h '-' I ~ ~0 ~ I ~ II ilk -~ e o J~ , o i ;I~ I ~ ~~ a I ~~ I -_t~..il_.. I L_J i i ~~ ~' r Mfr O ) -~ ~~ I 1 I w F I e I O ~/ i ) = 1 ) ) f 1 s f ) t I I ~~ ~ I r _ i p ~~ I c ~ I t I Q, - I /~ ~ I i _~I ~Pk0.8. V r N00 51 05 ¢ ~z~ 11.03' ~ ~ S89'a c'~ M _ D,9z'~1 S88'08'S5"W O.B3' N00'S1'05"W D=76'33'1 f " y~' ~a- 0.50' N00'S1 '0 " 5'}Y -v. ~_ ~ ~_ ~ ~~~ @ R ~-.... ~ .._r:... ~ ~ Y L ___. ~ N R=1.93' ~ ~ RADrA ~ ~ S89'08$5"W I -- 3.1T ~,"~.~~'.. ~ RADIAL 535' P.0.6. ~ N00'S1 bSYI ~ ~ e~wa rva~ ws em me rry urc wrc I (< Q i1 r _ . I I,,,s 0.89' I I i ~~'" " N89'08'S5 E~,,,..~'P" 80.00' S.W. CORNER, ALTON RDAD cor 20 FIRST FLOOR -WEST ENTRANCE RESIDENTIAL PARCEL t Prepared By. )645 Apun Bond, Mlnml Ucnch, 1§, 333)9 c~r1 w[1i~tr-r~ls~in i=i c/{ssocfaEu,.~nc. J WT IN, 1D[IN Engineers, Surveyors, Plonners Page 1 3240 Corporate Woy, Miramar, Fl 33025 "H.kG •1.1 WeM4,~M,wfK~l l[0/l W G11AiIkM!(1 k %FMT p,"6Mb'fM,M LEGAL DESCRIPTION TO ACCOMPANX SKETCH (first Floor -Wesf' Entrance -Residential ParceQ A portion of lot 20, Block 39, Commercial Subdivision, First Addition, according to the plot thereof, as recorded in Plot Book 6 at page 30 of the Public Records of Miami-Dade County, Florida, being more particularly as follows: Commence of the Southwest comer of said lot 20; thence run North 89 degrees 08 minutes 55 seconds East, along the South line of said lot 20, for 0.89 feet; thence North 00 degrees 51 minutes 05 seconds West, at right angles to the last mentioned course, for 0.83 to the POINT OF BEGINNING; Thence continue North DO degrees 51 minutes 05 seconds West for a disfonce of 5,35 feet; thence north 89 degrees 08 minutes 55 seconds east for a disfonce of 3.17 feet fo a point on o curve; said point bears South 89 degrees 08 minutes 55 seconds Wesf, from the radius point of the next described curve; thence southeasterly, and easterly along o circular curve to the left, having a radius of 1,93 feet and a central angle of 76 degrees 33 minutes 11 seconds, for an arc disfonce of 2.58 feet; Thence North 85 degrees 41 minutes 48 seconds Easf for a distance of 19.88 feet; Thence North 89 degrees 08 minutes 55 seconds Eost for o distance of 2,97 feet; Thence North 00 degrees 51 minutes 05 seconds West for a distance of .0.83 feet; Thence South 89 degrees OS minutes 55 seconds West for a disfonce of 0,92 feet; Thence North_ DO degrees 51 minutes 05 seconds Wesf for a distance of 5,75 feet; Thence North 89 degrees 08 minutes 55 seconds East for a distance of 8,33 feet; Thence South OO degrees 51 minutes 05 seconds East for a distance of 5.75 feet; Thence South 89 degrees 08 minutes 55 seconds West for a disfonce of 3.42 feet,• Thence South 00 degrees 51 minutes OS seconds Eost for o distance of 0.83 feet; Thence North 89 degrees 08 minutes 55 seconds East for a disfonce of 5,47 feet; Thence South 87 degrees 23 minutes 57 seconds East for o distance of 19.88 feet fo o point on a curve; said Point bears South 14 degrees 17 minutes 53 seconds East, from the radius point of the next described curve; easterly, and northeasterly along a circular curve fo the left, having a radius of 1.93 feet and a central angle of 78 degrees 33 minutes 11 seconds, for an arc distance of 2.58 feet; Thence North 89 degrees 08 minutes 55 seconds East for o disfonce of 3.08 feet; Thence South 00 degrees 51 minutes 05 seconds East for o distance of 5.35 feet; Thence South 89 degrees OB minutes 55 seconds West for a distance of 25.11 feet; Thence South 00 degrees 51 minutes 05 seconds East for a distance of 0.50 feet; Thence South 89 degrees 08 minutes 55 seconds West for o distance of 11.03 feet; Thence North 00 degrees 51 minutes 05 seconds West for a distance of 0.50 feet; thence South 89 degrees 08 minutes 55 seconds West for a distance of 25.19 feet fc; the POINT OF BEGINNING, Area as shown hereon contains 321 square feet more or less, Said portion of the airspace located within the foregoing perimeter description above the unfinished surface of the slab at elevation 4,79' and below the horizontal plane of elevation 33.96' (NG!/D29), less that portion of the airspace lying below the lower unfinished surface of the irregular rnclined stair slab constructed therein. All lying and being in Section 34, Township 53 South, Range 42 Eost, City of Miami Beach, Miami-Dade County, Florida ' FIRST FLOOR - WEST F,NTRANCE RESIDENTIAL PARCF,L Pprpepa/red By. 3445 Alton Rond, Mlnml eeoch, R4 33139 ~nilhin Fi oi{a>odttl'ta. ~nc du1,~26, 2tla8 Surveyors, Planners Page 2 orate Way, Miramar, Fl 33025 F!tv~y~ll,f WY MpAfJVFittOy OPM^IWIPRMAi,>OWMI,LNMJLL{AV NISM SKETCH TO ACCOMPANY LEGAL DESCRIPTION 20' ALLE?' 80.00' S00'48'26'~E -~-- - - - ~ - - - - - - T--- - - -~ -~ ~,,~ asap >~ ~ au um am ne ~. a~ >am ar ,~ I I ~ 0 5.35' ~,""'.• l I ~ ,."° ~ 3,17' S00'S1_A~p ~ w ~~ N89'0~:55'f ,~ ~ ~ I I ~ • RAD/AL I /,' ~ ~ 1 ~ ,,o*' ~ ~D=7633'11 " ~ -- ~ I ts'_' _ _ ° r^""- ~r A=2.58' ~ r .._.{„« ` ~ R=1.93' - ~ j I i I In i ~ S14'1753'~ }., -' ~ h ~ r ~ 1 ~ ~ ~~,_ ~~ 1 I ~ I~ j ~ ~ro ~I- N~ I I I I Z i J ~ ~ ~!~~'~^- ' ~.~~, ~ i ~ ~ 0.83' "'_ ~ GI' i i p ~ 500'51'05"E -- r" '~ I ~ ~ t } 1 N ~ 3.42' _ _..__ ~. ~ I Q I t i ~ S89'08 $5 "W ~ ~ _' 0,50' w~ ~ ( ~ i 500'51'05"E -"'4i"' S00'51'05"~ ~ o`er- Q ` 1 ~ ~ ~ ~ z I ~ ~~ ' ~ I i ~ ,h ~ ~ Z ~ 11.03' ~ ~ I r I r "~ ' F J , 1 O N ~ j ~ "' `c~ ~ m SB9'08551f' ~ g ~ fem. I I , P.O. B. ~ ~ ~, w }sn, `V r ° o.B3' 0 ~ ~ p ; I F N00'51'05~5' ~` 5,75' t~ S+r ~ J I i o ~ NOD'S1'0514' ~y~n-- 0.50' ~ I ~ i i r ~ _~_ N00'5105"W~ I Q~ I i r-~ Q i ~ 0,92' --~- ~ ft ~~V Q I til..'jl ~ 589'08'55 ~ .__,_,_. ~ of ~`V 0 ' Tx. ; iI ~ ~ N00'Sf'05"W w~~:-.°~.-.. ~ "' V I ~ '~ --a~ 1 ~ I I i l o ~ D-7633' 11 " z -y--- h o ~ --~I ~ R=~s ' _ ~ I u I ~ ~ I I °: 6 Rno - ~ I /~~l~~ L--n ~ ~ S89'OB'55~r --- ~ Q 'V i it j~ $ ~ 308' ,` .,`~... ~ 1 ~~ I I X 1 2 ~ N89'08'55 E\~ ~':O.B. I ~ ~ I 1' II ~ RAOGIC 5.35' (\((~~~~ /~0 1 ~I N00'5105'1Y ~t~~~j (`` Q I I II ~ rzha 6w; saw ~ aax wn ~m~ wrs nve vR. u~ n f ~ ~~ ii .P.O.C. ___1_-- _ _ - _ _ - _ .f~--- - - ~-- - - - -• -LEI S. W CORNER, 80, 00' NOO'48'26 "W LOT 20 AL TON ROAD FIRST FLOOR • EAST ENTRANCE RESIDENTIAL PARCEL ~~ P~~r~~~pared By, 1665 Allan Rand, Mlnml lleach, fL 73139 acf weG~e-c>ni~lrln G'i oi»oc(aEc~, ~nc. Jnlp 3R, 2008 Engineers, Surveyors, Planners Page 3 3240 Corporate Woy, Miramar, Fl 33025 Ph.(854)435-7D10 _' _ _ ' x.usc.,,+wu~.w«d..s+ci uu. xucxn w nx"n • ormnox"ax~e~",.w LEGAL DESCRIPTION TO ACCOMFANX SKETCH (First Floor -East Entrance -Residential Parcel) A portion of lot 20, Block 39, Commercial Subdivision, Fr'rst Addition, according to the plat thereof, as recorded in Plat Book 6 of page 30 of the Public Records of Miami-Dade County, Florida, being more particularly as follows. Commence at the Southwest corner of said lot 20; (hence run North 89 degrees 08 minutes 55 seconds East, along the South line of said tot 20, for 63,06 feet; thence North 00 degrees 51 minutes 05 seconds Wesf, at right angles to the last mentioned course, for 0.83 to the Point of Beginning; Thence continue North 00 degrees 51 minutes 05 seconds Wesf for a distance of 5.35 feet; thence North 89 degrees 08 minutes 55 seconds East for a distance of 30B feet fo a point on a curve; said pornt bears South 89 degrees OB minutes 55 seconds West, from the radius point of the next described curve; (hence Southeasterly, and Easther/y along o circular curve to the left, having a radius of 1.93 feet and a central angle of 76 degrees 33 minutes l1 seconds, for an arc distance of 2.58 feet; thence North 85 degrees 41 minutes 48 seconds East for a distance of 19.88 feet; thence North 89 degrees 08 minutes 55 seconds East for a distance of 2.97 feet; thence North DO degrees 51 minutes 05 seconds West for a distance of 0.83 feet; thence South 89 degrees 08 minutes 55 seconds West for a distance of 0.92 feet; thence North 00 degrees 51 minutes 05 seconds West far a distance of 5.75 feet; thence North 89 degrees 08 minutes 55 seconds Eost for a distance of 8.33 feet; thence South 00 degrees 51 minutes 05 seconds East for o distance of 5.75 feet; thence South 89 degrees OS minutes 55 seconds Wesf for a distance of 3.42 feeh thence South 00 degrees 51 minutes 05 seconds Easf for a distance of 0.83 feet; thence North 89 degrees OS minutes 55 seconds East for a distance of 5.47 feet; thence 5oufh 87 degrees 23 minutes 57 seconds East for a distance of 19.88 feet to a point on a curve; said porn( bears South 14 degrees 17 minutes 53 seconds East, from the radius point of the next described curve; Easfer(y, and NorthEosterly along a circular curve to the left, having o radius of 1.93 feet and a cenfro! angle of 76 degrees 33 minutes 11 seconds, for an arc distance of 2.58 feet; thence North 89 degrees 08 minutes 55 seconds East far a distance of 3.17 feet; thence South 00 degrees 51 .minutes 05 seconds East for a distance of 5,35 feet; thence South 89 degrees 08 minutes 55 seconds Wesf for a distance of 25.19 feet; thence South 00 degrees 51 minutes 05 seconds East for a distance of 0.50 feet; thence South 89 degrees OB minutes 55 seconds West for o distance of 11,03 feet; thence North 00 degrees 51 minutes 05 seconds West for o distance of 0.50 feet; thence South 89 degrees 08 minutes 55 seconds West a distance of 25.11 feet to the point of beginning. Area as shown hereon contains 321 square feet more or less. Said portion of the airspace located within the foregoing perimeter description above the unfinished surface of the slab at elevation 4.79 and below the horizontal plane at elevation 33.96' (N6~029), less that portion of the airspace lying below the tower unfinished surface of the irregular reclined stair slab constructed therein. AI! lying and being in Section 34, Township 53 South, Range 42 East, Cify of Miami Beach, Miami-Dade County, FJorido FIRST FLOOR • EAST ENTRANCE RESIDENTIAL PARCEL ~. Prepared By, 166snuanxana,blma,~aen~n, rr. a3r3~ Sc1"i,re~i~et-~iisGin fi o~lsaaalntu, ~na, ,lutp 3tl, 10Dtl Engineus, Surveyors, Planners Paga 4 3240 Comorute Woy, Miramar, Fl 33025 FYCC\111.UY~L.rsaCNMXI.lCJ10,3G~1CYCRXOa• aRMiG./gkC.FMtlC SKETCH TO ACCO]VIPANY LEGAL DESCRIPTION Elev. Not a part fhe Residenfial Parce! ELEVATOR & WATERHEATER RDOM Not apart-•~ r-of the Residential Parce! Residentia! Parcel J ~r,:~:~a::d.=s::>~~ Elev. 33.96' ~0~ ~P ~'~ c-Residential Parcel Not a part ~ the Residential Prepared By. s~iisjt fn ~r c~{aioctafu, ~nc. ;, Surveyprs, Planners orote Way, Miromar, Fl 33025 I Not a parf ~ the Residential Parcel First Floor Entrance Elevation Detail FIRST FLOOR ENTRANCE ELEVATION DETAIL RESIDENTIAL PARCEL 1465 Anon ttnnd~ Minmi llnnfi, FL ]3739 yot)• R& IDPB Paga 5 KYasm111~VY.K MONY41 µOM WP1~nW£mnneOnMTbI~011[MMIS, SKETCH TO ACCOMPANY LEGAL DESCRIPTION 20' ALLEY -----1- I I B0. DO' SDO'48'26'E ----~ ------1----_--_ ' -~ 1 I f S00'5r'05"f I I I i nar' , I I i i I ~ ~• i ~ 0~ ~ i I i ~ QCj• ~ I r ~o' 1 O I ~ ; S~ I ~ ~ N ~ ` ""~ 0 o ~ , ~ `' t w IZ N ~ o3i y ~ ~ \~ ~ i h ~ V Q t ~~ ~ ~ ~ . I o J ~ Q ~N ~ ~ ^ `~ ~ \ O I ~ 2 ~ ih ~ I VO ~ I JII h ~I ~O A I ; I ~~ ~ I ~ rr ~ \ V \ ~ I ~ ~ I ~ I ~ I I ~~ Q i I P. D.B. ' I O.B3 I N00'S1 'OS "W I I 77.81' I N00'S1'05nW I 1.00 N89'OB'55`£ ---- L-------- -- P,O,C. 80.00' S00'48'26"E S.W. CORNER, ALTON ROAD coT zo SECOND FLOOR RESIDENTIAL PARCEL epa red By, P r 1465 Allun 3load, Mlcml Pench, FL ]3139 / P (~ /r ~/ aalWEriAE•O/I LIRIn FJ ~SSOMkfEl, inc. Jull~18, 20U8 Engineers, Surveyors, Planners Page 6 3240 Corporate Way, Miramar, Fl 33025 Ph,(354)435-7010 xm~cvn. n.-re....rv-~+wrva.. mwmw nxm x acnAnm ~onaocx.+.. LEGAL DESCRIPTION TO ACCOMPAN'Y' SKETCH (Second Floor -Residential Parcel) A portion of lot 19 and lot 20, Block 39, Commercial Subdivision, First Addition, according to fhe plat thereof, as recorded in Plat gook 6 at page 30 of the Public Records of Miami-Dade County, Florida, being more particularly os follows: Commence at the Southwest corner of said lot 20; thence run North 89 degrees 08 minutes 55 seconds East, along the South line of said lof 20, for 1.00 feet; (hence North 00 degrees 51 minutes 05 seconds Wesf; of right angles to the fast mentioned course, for 0.83 fo the POINT OF BEGINNING; Thence North 00 degrees 51 minutes 05 seconds West for a distance of 7781 feet; Thence North 89 degrees 08 minutes 55 seconds East, at right angles to the last and next described courses, for a distance of 123.17 feef; Thence South 00 degrees 51 minutes 05 seconds East for a disfanae of 77.81 feef; Thence South 89 degrees 08 minutes 55 seconds West, at right angle to the lost mentioned course, for a distance of 123,17 feef to the POINT OF BEGINNING. Area as shown hereon contains 9,584 square feet more or less, Said portion of the airspace focafed within the foregoing perimeter description above the unfinished surface of fhe slab at elevation 20.46' and below the unfinished surface of the slab above at elevation 32, 83' (NGUD29), Also together with; Second Floor -Recessed Floor Space -Residential Parcel See page 9 Also together with: Roof Level -Elevator and water heater room- Residential Parcel See page 12 AU lying and being in Section 34, Township 53 South, Range 42 East, Cify of Miami Beach, Miami-Dude County, Florida SECOND FLOOR RESIDENTIAL PARCEL ~~~ n Prepaared By, 1665 Ailon Rond, A7Juml Rench, RL 77179 eSrfwe~~,e-eSri fartfn fs L~{,7ociatci, ~»c. Jvlr 78, 20116 Engineers, Surveyors, Planners Poge 7 3240 Corporate Woy, Mlramor, Fl 33025 Ph,(954)435-7410 1{y.\LC1, 1,1MW VmLMVAKVI,LLNlo[L@~1 W GwortOPYMMMA~YE!\sMay SKETCH TO ACCOMPANY LEGAL DESCRIPTION 20' ALLEY 80. DO ~ S00'48'26 E t I i I t 1775' ~ 500'5105'£ ~_..~-------^---T I 1374' 13.74' i II I I N89'08 55 "£ SB9'08' 'W l} _ 1+ .~„ » 1 17.75' i P.0 I C II I N0051'05"W ~ I ~t I' }u, w ~ O 1I I I I ~ ~ b'°i ~; ~ ~ ~ ~ ° ~ (t I ,, - o ~ ~; Z ~ s l 1 I ~ ' ~~ t ~ II ~ 1775 ~ 500'51'05"E ~ ~ » u POIN7~ C S aj ~ ti It II I I ' ~ op t I i3.79 N89'08'S5"E 13,79 II SB9'08'5,5 "W » t „ c~ Z 1 Q ~I, 1~7s B P.O.B ~ ~ ~ ~ ~ I ' O I1 NDO'51 '05 W 0 83' ~ ~ ~ J , 17.75' S00'S1 '05 t I o I I p 13.79' NB9'08'55'E ~ .`~ ' I I t l I I , .I , ~ i l t I SO E i I 13.68' j ~ NB9'08'S5 "E ao, oo' rorac S00'48'26 "E J J 0 N POIN "B» g v N i { 79' I 13 t g ti. It h O ~ O , 589'08,~ .w " " U v ~. I l P.O.B~ A z ~ j I o ~ t ~~ i Q 2 ~ t , ; ~ i ~ o -, ~ ,~ 1 . I ~ ~ ~ ~ I I I ' POIN ':4 " II 13.88' I I I S89'08'.~5"W II P.O, B, '' N00'48'26"W 40.16' P, ~, (/', p,gT S. N/. CORNER, N89'08'S5"E h o a z Lor 20 ALTON ROAD SECOND FLOOR RECESSED FLOOR SPACE -RESIDENTIAL PARCEL Preparsd By. 2465 A)lop Ropd, Mlnml Uescfi, FL 33139 ~~mc~~2e-~~ta~(n Pi o~{yiociatu,.~nc. Tmy 28, 2U08 Engineers, Surveyors, Planners Page 8 3240 Comorate Way, MUamor, Fl 33025 17,75 N00'51 '05"V1 17,75' O'5f'OS 17 75' .u.+n,n, wvduu..asauu uvuouw,u,ev~R.a[nna..wnmrt w LEGAL DESCRIPTION TO ACCOMPANY SKETCH Also Together with: (Second Floor -Recessed Floor Space -Residential Parce/) Portions o1 lot 19, Block 39, Commercial Subdivision, !=/rst Addition, according to the plat thereof as recorded in Plat Book 6 at page 30 of the Public Records of Miami-Dade County, F/orido, being more particular/y os follows; Commence at the Southwest corner of said lot 20; thence run North 00 degrees 48 minutes 26 seconds West, along the West line of said lot 19 and 20, for 40.16 feet; thence North 89 degrees 08 minutes 55 seconds East for 0,97 to the POINT OF BEGINNING; Thence North DO degrees 51 minutes 05 seconds West for a distance of 1775 feet; Thence North 89 degrees 08 minutes 55 seconds East, at right ortg/es to the lost and next described courses, for a distance of 13,68 feet; Thence South 00 degrees 51 minutes 05 seconds East for a distance of 17,75 feet to a point to be hereinafter referred to as point ';4°; Thence South 89 degrees 08 minutes 55 seconds West, at right angles to the lost described course, for a distance of 13,68 feet to the PDINT OF BEGINNING. Area as described hereon contains 243 square feet more or less. Together with; Begin of point 'A';•. Thence North 89 degrees 08 minutes 55 seconds East for o distance of 33,76 feet to N !, the POINT OF BEGINNING A; Thence North 00 degrees 51 minutes 05 seconds West for a distance of 17,75 feet; Thence North 89 • degrees 08 minutes 55 secdnds East, at r+qhf angles to the lost and next described courses, for a disfarice of 13.79 feet; Thence South OD degrees 51 minutes D5, seconds Easf for o distance of 17,75 feet to a point fo be hereinafter referred to as point °B",• Thence South 89 degrees 08 minutes 55 seconds West, of right angles fo the last described course, for a dlstonce of 13.79 feet to the POINT OF BEGINNING. Area as described hereon contains 245 square feet more or less. - Together with: Begin at point 'B'; Thence North 89 degrees OB minutes 55 seconds Eost for a distanae of 0.83 feet to the POINT OF BEGINNING "B';• Thence North 00 degrees 51 minutes 05 seconds West for a distance of 17.75 feet; Thence North 89 degrees 08 minutes 55 seconds Easf, at n'ght angles fo the lost and next described courses, for a distance of 13.79 feet; Thence South 00 degrees 51 minutes 05 seconds East for a distance of 17.75 feet to o point to be hereinafter referred to as point "C';• Thence South 89 degrees 08 minutes 55 seconds West, at right angles to the last described course, for o distance of 13, 79 feet to the POINT OF BEGINNING. Area as described hereon contains 245 square feet more or less, Together with; Begin of point "C'; Thence North 89 degrees 08 minutes SS seconds East for o distance of 33.67 feet to the POINT' OF BEGINNING "C'; Thence North 00 degrees 51 minutes 05 seconds West for o dlstonce of 17.75 feet; Thence North 89 degrees 08 minutes 55 seconds Easf, of right angles to the last and next described courses, for a distance of 13.74 feet; Thence South 00 degrees 51 minutes 05 seconds East for o distance of 17,75 feet; Thence South 89 degrees 08 minutes 55 seconds West, at right angles to the fast described course, for a distance of 13,74 feet to the POINT OF BEGINNING. Area os described hereon contains Z44 square feet more or less, The lost mentioned four portlans of the airspace located within the foregoing perimeter description above the unfinished surface of the slab at elevation 19.13' and below the horizontal plane at elevation 20.46' (NG~D29), , A!I lying and being in. Section 34, Township 53 South, Range 42 East, Cify of Miami Beach, Miami-Dade County, Florida SECOND FLOOR RECESSED FLOOR SPACE RESIDENTIAL PARCEL Prepared ey. ]465 Alton Rund, MSnrnl Uen<I,, Ml. 73139 eSlwefi~ic-eS~x[a~ein fi o~saociatca, ~ne. ~ Jo(r 38, 10oB Engineers, Surveyors, Pfonners Paga 9 3240 Corporate Woy, Atiramor, Fl 33025 KJM>C4111 VeMC~~Mw WMR~,EW104PnIId6dVl ~ OKMTd/A~.®Nip SKETCH TO ACCOMPANY LEGAL DESCRIPTION ELEVATOR & WATERHEATER ROOM Not a part of the Residential Parcel Nof a parf -/ of fhe Residential Parcel ''' Elev. 32.63' SLAB ~ Elev, 32,63' SLAB ~ ~, :I ~~ v ~QR ~~; ~ ~P •~. Residential Parcel ~~ ~Residentia/ Parcel `4:~ W ~ Elev. 20.46' FLODR Elegy 20.46 FLOOR ~ ,,.' 4 ~` ~ :.SS.~ ~n~-a w'\ •' °~w:.:.1$r4::.ii..%ki'~'f I ~~ ~ v - ivw~ ~-~ "" Elev. 19,13 FLOOR :.,'M'cr_~:....,, r Elev. 19.13' FLOOR . T~ .° `'..: ~.<.: l.a"` it ~ s/~~~ ~~~~~ S'SA`I` _C .,~~~"., .. .. ;. -~"4' ~,~ J Not a part Not o part '"" - Cof, fhe Residential Parcel ~ the Residential Parce~`~" -" Second .Floor Condominium Portion Elevation Detail SECOND FLOOR ELEVATION DETAIL RESIDENTIAL PARCEL Prepared By. 1645 AUua Rm$Mlnmi Omeli, Pl, 33339 ~riil~iLt&oT.socintu. ~nc. J~Ip zA, 2008 Surveyors, Planners Page 10 orate Woy, A{Iramar, Fl 33D25 lMV q,,.~yy4 W ~yAl2ulT.[!/.l![l011,LN lMwlll ! OI'lMlYY1 M~16NY0 SKETCH TO ACCOMPANY LEGAL DESCRIPTION - ----- 80.00' S00'48'26 "E ----~ -------~---- ----~-T ~ T ~ I I ~ ~yn o 0 I ~ I ~ 12 I I I r-----------~ OPEN TO . I ~ ~ -°-- ti ; o ~ ; i lLI -~ i ; BELOW ; I ~ I- ~ ~ f ~ ~ ~ iNOT A PART _J L I ` i Z~ Q it i ~ ~ ~ ~I _..________ i i0 Oil I ~ P~ I Q I 23.29 O ~ j ;~ ~ ~ ~ ~ 8.33' B 55'E ' ~ ~ N8 ~ 1 O 9 ' ~ 0 ~ 0o I 23.29 . m Z ~ ~ ~~ ~ ti I r-----------~ j OPEN TO I v ~-° ~ ~ BELOw i p ~ ;NOT A PART; o U i L--~-_-_ ---J O r-------°--~ I ~ `' .OPEN TO ~ , ~o ~ ~ ~ i ; BELOW ; I -~ `I o I O ~IIJOT A PART; L_-__-_--__-~ ~~, ~ _ QP I , n~ I ' (~ ~ ~ i 2 23.2 ~ ~ I ~~ J Q I ~ G Q I I ~ I r-----------~ OPEN TO ; BELOW I I 'NOT A PART ao. oo' N00'48'26 ~ ~ ~ ~---- ~ l' "W ALrON ROAD ROOF LEVEL LCE ~ 8.33' SB9'08'55'?Y !! ,r » N00'51'OS"W ;1 P 0.8 8 i -----~ it ~ p ~ ~I I~ p~~~ u~Q'~ 4.mV~il ~a oil i____ 2 ; 53.42' '~ QII '~3411 'W~QiII ~~m~Il Io ZII ' 500'51 '05 E i u n POINT A LCE j 8.33' SB9'08'55'1Y 7 No0'S105"W P.O, B OO ~ a ~oQ o mo z ~ 0.8J" N00'S1 '05 "W z~ ro' N89'OB'55"E ELEVATOR AND WATER HEATER ROOM RESIDENTIAL PARCEL n Prepared By. 1465 Atlon Au~d. Mlnmi Bench, Rl. 33139 ~~wr~&r-~ia1cln 6 oTafeclaEef, ~na Jnq•16, Ie0R Engineers, Surveyrors, Planners Poge i~ 3240 Cornarote Wax fAiramsr, Fl 33025 - P.O.C. S. W. CORNER, cor 20 K~u,f.1,111UNK.~IMMF~OVLT,F4,LOFfON,A,f1,MR0 YRMTf1, WIIQ.[M~N LEGAL DESCRIPTION TO ACCOMPANY SKETCH (Roof Level -Elevator and water heater room- Residentioi Parcel) Portions of !of 20, Block 39, Commercial Subdivr'sion, First Addition, according to the plat thereof, os recorded in Plot Book 6 at page 30 of the Public Records of Miami-Dade County, Florida, being more particularly as follows: Commence at the Southwest carnet of sold lot 20; thence run North 89 degrees OB minutes 55 seconds East, along the South line of said lot 20, for 2710 feet; thence North DO degrees 51 minutes 05 seconds West, of righf angles to fhe last mentioned course, for 0,83 to the POINT OF BEGINN/NG; Thence North 00 degrees 51 minutes 05 seconds West for o distance of 23.29 feet; Thence North 89 degrees 08 minutes 55 seconds Easf, of righf angles to the last and next described courses, for e distance of 8.33 feet; Thence South 00 degrees 51 minutes 05 seconds East for a distance of 23.29 feet to o point fo be hereinafter referred fa os point 'A';' Thence South 89 degrees 08 minutes 55 seconds West, at right angles to the last described course, for a distohce of 8,33. feet to the POINT OF BEGINNING. Area os described hereon contains 194 square feet more or less, Together with; Begin at Point 'A';' Thence North 89 degrees 08 minutes 55 seconds East for a distance of 53, 42 feet to the POINT OF BEGINNING "B ;• Thence North 00 degrees 5J minutes '05 seconds West for o distohce of 23.29 feet; Thence North 89 degrees 08 minutes 55 seconds East, of right angles fo the last and next described courses, for o distance of 8.33 feet; Thence South 00 degrees 51 minutes 05 seconds Easf for a distance of 23.29 feet; Thence South 89 degrees 08 minutes 55 seconds West, at right angles to the last described course, for a distance of 8.33 feet to the POINT OF BEGINNING "B': Area as described hereon contains 194 square feet more or less, Said portion of the airspace faceted within the foregoing perimefer description above the unfinished surface of the slab at elevation 33.96' and below the unfinished surface of the slab above of elevation 41,63' (NGUD29), The afore-described Residenfial Parcel is a contiguous volume limited by Its perimetrfe and horizontal plane surfaces, as constructed, and their projections, and as such may be subject to minor variations cngated by the construction tolerances of the improvements intended to' define said volume Al/ lying and being in Secfion 34, Township 53 South, Range 42 East, City of Miami Beach, Miami-Dade County, f7orida NOTES• 1) Bearings shown hereon are based on an assumed bearing of N 89'08'55" E, along the South line of lot 19. 2) Authentic copies of this sketch and legal description must bear the embossed seal of the attesting professional land surveyor, ROOD LEVEL ELEVATOR AND WATER HEATER ROOM RESIDENTIAL PARCEL Prepared By, IG45 Allun Rood, Mlnml Ucwh, PL 33139 Jut~3B, 3~~9 ~ri(s .n&oQeaocta£ca, one. Pa e 12 ., Surveyors, Planners 9 orata_Way, Miramar, Fl 33025 t Y1CN11,Y,tX~fNa.YYd~Y~~OYP~M,[MTO wfM1OI WIR/4f1aW SKETCH TO ACCOMPANY LEGAL DESCRIPTION Elev. 41.63' SLOB Residential Parcel ELEt//4TOR & WATERHEATER ROOM E7ev, 33.95' FLDDR Roof - Not a part r-of the Residential Porcei I ~: ~ Nat a part the Residential Parcel ROOF LEVEL ELEVATOR AND WATER HEATER ROOM ELEVATION DETAIL RESIDENTIAL PARCEL ~~ Prepared By. 1465 Allop Aand, Mfnml llend~, n~ ~i3v ~cliwc~rit-c~il~~fn iri o~a~ocigCcs,.~nC~ .luly lB, TeCtB Engineers, Surveyors, Planners Paga 13 3249 Corporate Way, Miramar, Fl 33025 eaa+c,m~wmu.~rwwse iucuvow,w ud~n~wmrox..waum..a Roof Level Elevator and Water Heater Room Elevation Detai! EXHIBIT "A-3" LEGAL DESCRIPTION OF SUNTRUST PROPERTY MIAMI 1719122.4 7713726901 r ~EGA7., D~~GRZI''i'XQN Lot 19 and lot 20, Block 39, Commercial Subdivision, First Addition, according to the plot thereof, os regarded in Plot Book 6 of page 30 of the Public Records of Miami-Dade County, Florida, Together with: A portion of the .alley lying adJacent to Lot 20, Rlock 39, Commercial Subdivision, Frst Addition, occording.to the Plat thereof, as recorded in Plaf Book 6, at-Page 30, of the Public Records of Miami-Dade Coun#y, F/orldo, and closed ,par official record book 25682 at page 4948 of the Public Records of Miami Pade County, Florida, being more particularly described as follows.' Commence of the Northeast corner of said Lof 20; Thence South 00'48'26" Eost along tha. East line of said Lot 20, a distance of 2201 feet to fhe Point of Beginning; )"hence continue South 00'48'26" Eosf on the Southerly extension of surd Lot 20, o distance of 7,99 feel; .("hence South 89'08'55" IMest along the Easterly extension of sorb' Lot'20, a disfance of 7.99 feet to a point on o tangent .curve concpye to the Northwest, Thence Northeasterly along the arc of said curve, having a radius of 8.00 feet, a . central angle of 89'57'21 "and an arc disfance of 12.58 feel fo the Point of Beginning, Spid loud situate, lying and being in fhe City of Miami Beach, Miami-Dade County, Florida; containing 14 square fee#, more or less, A portion of 1of 20, Block 39, Commercial Subdivision, ~rsf Addition; according to the plot thereof, as recorded in Plot Book 8 of page 30 of the Public Records of Mlaml-Dade County, Florida, being more particularly as follows; Commence at the Southwest comer of said lot 20; thence run North 89 degrees 08 minutes 55 seconds Eost,. along the South line of sold lot 20, far 0,89 feet,• thence North 00 degrees 51 minutes D5 seconds West, of right angles to the last mentioned course, for 0.83 to the PO1NT OF t3EG1NNING; Thence continue North 00 degrees. 51 minutes 05 seconds Wesf for a distance of 5.35 feel; thence north 89 degrees 08 minutes 55 seconds east for a distance of 3,17 Feet to q point on a curve; said point bears South 89 degrees 08 minutes 55 seconds West, from the radius point of. the next described curve; thence southeasterly, and easterly along a alrcUlar c~(ve to the left, having a radius ' of 1,93 feel and a central angle of 76 degrees 33 minutes 11 seconds, for on arc dlstonce of 258 feet; Thence North 85 degrees 41 minutes 48 seconds East for q distance of 19,88 feet; Thence North 89 degrees 08 minutes 55 seconds East for a distance of 2,97 feet; Thence North 00 degrees 51. minutes 05 seconds West for a. distance of 0,83 feet; Thence South 89 degrees D8 minutes 55 seconds West for o distance of 0,92 feet; Thence North DO degrees 51 minutes 05 seconds West far a dlstonce of 5.75 feet; Thence North 89 degrees 08 minutes 55 seconds East for a distance of 8.33 feel; Thence Soufh 00'degrees 51 minutes 05, seconds East for o dlstonce of 5. T5 feet; Thence South B9 degrees 08 minutes 55 seconds West fo'r a distance of 3.42 feet; Thence South 00 degrees 51 minutes 05 .seconds East for a disfance of 0,83 feet; Thence North 89 degrees OB minutes 55 seconds East for a dlstonce 'bf 5.47 feet; Thence South 87 degrees '23 minutes 57 seconds Easf for a disfance of 19,88 feet to a po(nf vn a curve; spid point bears South 14 degrees ~17 •minutes 53 seconds East, from the radius point of the next described curve; easterly, and northeasterly along a circular curve .to the left, having o radius of 1.93 feet and a central angle of 76 degrees 33 minutes Pogo 1 rrwaim uasdo.=+..q,auu~fum~ r,wnxn~a'~rexcµrwcrrwr ~. L~p~ p~sCRrn'rION 11 seconds, for an arc distance of 2.58 feet; Thence •North 89 degrees 08 minutes 55 seconds Eost, for a dr'sfance of 3.08 feet; Thence South 00 degrees 51 minutes 05 seconds Easf for a distance of 5,35 feet; Thence South 89 degrees 08 minufes 55 seconds West for a distance of 25.11 teel,~ Thence South 00 deggrees 51 minutes 05 seconds East fora distance of 0.50 feet; Thence South 89 degrees 08 minufes 55 seconds Wesf for a distance of 11,03 feet; Thence North 00 degrees 51 minutes 05 seconds West (or a distance of 0.50 (eel; thence South 89 degrees 08 minutes 55 seconds Wesf for a dr'stance of 25,19; feet to the P01NT Of' BEGlNN/NG. Area os shown hereon contains 321 square feet . more or less, • Said portion of the airspace Iocafed wifhiri the foregoing perimeter description above the unfinished surface of the slab at elevation 4.79' and below the horizontal plane of elevation 33,96' (NG~p29), less that portron of the airspace lying below the lower unfinished surface o{ the irregular inclined stair slab constructed therein. A. portion of lot 20, 81ack 39, Commercial Subdivision, First Addition, according to the plat thereof, os recorded in Plat Book 6 of page 30 of the Public Records of Miami-Dade County, Florida, being more particularly os follows; , Commence at the Southwest corner of said lot Z0; .thence 'run North 89 degrees 08 minutes 55 seconds East along .the South Ghe of said lot 20, for 63 OS feet; (hence North 00 degrees 51 minutes 05 seconds Wesf, of right angles to the last mentioned course, for 0,83 to the Point of Beginning; Thence continue North 00 degrees 51.minutes• 05 seconds West for a distance of 5.35 feet; thence North 89 degrees 08 minutes 55 seconds Eost fora distance of 3.08 feet to o point on a curve; said poin# bears South 89 degrees OS minutes 55 seconds West, from the radius pornt of the next described curve; thence Southeasterly, and Easterly along o circular curve to the leR, having a radius of 1. g,3 feet and a central angle of 76.•degrees 33 minufes 11 seconds, for on arc distance of 2,58 (eef; thence North 85 degrees 41 minutes 48 seconds East for a distance of 19,88 feet; thence North 89 degrees 08 minutes 55 seconds Eost for a distance of 2,91 feat; thence North 00 degrees 51 minufes 05 seconds West for o distance of D.83 feet;. thence South 89 degrees 08 minutes 55 seconds West for o dt'sfance of 0.92 feet; thence North OD degrees 51 minutes 05 seconds Wesf for o distance of 5,75 . (eef; thence North: 89 deggrees 08 minutes 55 seconds East for a distance of 8,33 feet; thence South 00 degrees 51 minutes 05 seconds East for a dlsfance of 5,75 feet; theme South 89 degrees OB. minutes 55 seconds West for a distance of 3.42 feet; thence South 00 'degrees 51 minutes 05 seconds East for a distanco of 0.83 (eef; thence North 89 degrees 08 minutes 55 seconds East for a distance of 5.47 feet; (hence South 87 degrees 23 minutes 57 seconds Easf for o distance of :19,88 feet to a point on a curve; said point bears South 14 degrees 1 Z minutes 53, seconds East, from the radius point of the next.described curve; ~"osterly, and Northeasterly along a circular curve to the left, having a radius of 1,93 fee# and a central angle of 76 degqrees 33 minutes 11 seconds, for on oro distance of 2.58 fee#; thence North 89 degrees 08 minutes 55 seconds Easf for d distance of 3, t 7 feet; thence South 00 deggrees'S1 minutes 05 seconds Eosf for a distance of 5.,35 feet; thence South 89 degrees 08 ininufes 35 seconds Wesf for a distance of 25,19 feet; (hence South 00 degrees 51 minutes 05 seconds Easf for b distance of 0,50 feet; thence South 89 degrees 08 minutes 55 seconds Wesf for o distance of ' 11.D3 feet; (hence North 00 degrees 51 minutes 05 seconds West for a distance of 0.50 feet; (hence South 89 degrees 08 minutes 55 seconds West d distance of 25,11 feet to the point of beginning, Area as shown hereon contains 321 square (eel more or less. Said portion of the airspace located within 'the foregoing perimeter description above the unfinished surface of the slab of elevation 4,79' and below the horizontal plane of elevation 33.96' (NG~02g), less that portion of the airspace lying below the lower unfinished surface of the irregular inclined stair slab constructed therein. W.Ngl11\Yn44MU.0ANVU 11 b1MIN~Ig10TePiMtVyYM4LOry ceof therefi Ta~GAL pN~3Cl2YPTI0IV A portion of lot 19 and lot 20, Block 39, . Commercial Subdivr'sion, first Addition, according to the flat (hereof, as recorded in Piat Book 6 af. page 30 of the Public Records of Miami--Dade County., f7ondo, being more parfieulgrly as follows; Commence at the Southwest corner of said lot 20; thence run North 89 degrees OS minutes 55 seconds East, aloeg the South line of said lot 20, for 1,00 feet; thence North 00 degrees 51 minutes 05 seconds West, at right angfes to the last menfloned course, for 0.83 fp the PC1NT OF BEGINNING; Theraoe North 00 degrees 51 minutes 05, seconds West for a distance of 77.81 feet; Thence Norfh 89 degrees 08 ininufes 55 seconds l=ost, of rrghf angles to the fast and next described courses, for o distance of 123• i7 feet; Thence South 00 de tees 51 minutes 05 seconds East for o distance of 77.81 feet; Thence South 89 degrees`08 minutes 55 seconds West; df right ongfe to the lost menfloned course, for p distance of 123,17 feet #o the POINT OF BEGINNING, Area as shown hereon contains 9,584 square feet more or tens, 5a/d portion of the airspace located within the foregoing perfineter description above the unfinished surface of. fhe s/ab of elevation 2046' and be%w the unfinished sur(oce of the slab above of elevation ,32.63' (NGy029), Portions of lot 19; Block 39, CommerFlal Subdivision, first Addition, according fo the plot thereof, as recorded.ln Plat Book S at page 30 bf the Public Records of Miami-Dade County, Florida,, being.mpre particularly as follows; Commence dt the Southwest corner of said /ot.20; thence run Norfh 00 degrees 48 minutes 26 seconds West, along the Wesf line of said lot 19 and 20, for 40116 (Bet; thence North 89 degrees 08. minutes 55 seconds East for 0,97 fo the POINT OF BEGINNING; Thence North OQ degrees 51 minutes 05 seconds .West for a distance of 17.75 feet; Thence North 89 deggrees 08 minutes 55 seconds Eost, at right angles to the losf,and neXt descrlbed.aourses, for a d/sfance of 13,68 /eet; Thence Sduth 00 degrees 51 minutes 05 seconds Eost for o .distance of 17,75 feet to a point to be hereinafter referred to as point 'A"; Thence South 89 deggrees DB minutes 55 seconds West, of right angfes to the last described course, for o distance of 13,68 feet. fo the POINT OF BEGINNING, Area as described hereon contains 243 square feet more or less. Said portion of the airspace located within the foregoing perimeter description above the unfinished surface of the slab at elevation 19,13' and below the horizontof plane at elevation 20.46' (NGVD29), Together with: Begin at point 'A';• 7"hence Norflr 89 degrees OB minutes 55 seconds Eosf for o disignce of 33,76 feet to the POINT OF BEGINNING 'A';• Thence North 00 degrees 51 minutes 05 sBCOhds Wesf for o distance of 17,75 feet; • Thence North 89 degrees 08 minutes 55• seconds East, at right angles to the lost and next described courses, for.o. distance of 13,79 feet; thence South 00 degrees 51 minutes 05 seconds East for a distance of 17.75 feet to o point to be hereinofer referred to as pain( "$ ,• Thence South . 89 degrees 08 minutes 55 seconds Vest, of right onQles to the last described course, (or a d/stance of 13.79 fee# to the POINT OF BEGINNING Areo ps described hereon confoins 245 square feet more or Jess Said portion of th:e airspace located ~wlthln the foregoing perimeter description above the unfinished surface of the slab of elevation 19.73' and below the horizon#al plane dt elevation 20.48' (NG1!D29), Pape 3 y,lvlg1111Yiyn(p./wM5iVa114PALtc~Nl"1NN GNMPIIGU MID4w, J.,~GA~ AL$CR7.T'TTOTq Together with: Begin at point 'B'j Thence North 89 degrees 08 minufes 55 seconds Eosf for a dlstonce of 0.8,3 fee# to the POINT OF BEGINNING 'B'; Thence North DO degrees 51 'minufes 05 seconds Wesf for a distance of 17.75 feet; Thence North 89 degrees 08 minutes .55 seconds Eost, of right ongles fo the last and next dese~ribed courses, for a distance of 13,79 feet; Thence South 'QO degrees 51 . minufes 05 seconds East for a d/stance of 17.75 feet to a point 1o be hereinafter referred to as point "C'; Thence' South 89 degrees 08 minutes 55 seconds West, of right tingles fo the last described course, :for a distance bf 13.79 feet to ,the POINT CF BEGINNING; Area as described hereon contains 245 square feet more or Jess. Said portion of the airspace located within the foregoing perimeter description above the unfinished surface of the slab of elevation 79,13' and below the horizontal plane of elevation 20,46' (NG~029), Together with: Begin at point "C y Thence North 89 degrees OB minutes 55 seconds East for a dlstonce of 33,67 feet to the POINT OF BEGINNING "C;~ Thence North 00 degrees 51 minutes 05 seconds West for o distance of 17.75 feet; Thenoe North 89 degrees 08 minufes 55 .seconds East, at right ongles to the last and next described courses, for a dlstonce of 13.74 feet; Thence Soufh 00 degrees 51 minufes 05 seconds Eosf for a distance of 17,75 feet; Thence Soufh 89 degrees 08 minufes 55 seconds Kest, of right angles to the ldst described course, for o dlstonce of 13.74 feet to the POINT OF BEGINNING. Area os described hereon contains 244 square feet more 'or less, Said portion ~of the airspace located wlthtn the foregoing perimeter description above the unfinished surface of the sldb at elevation 19.13' and below the horizontal plane at elevation 20.46' (NG~p29), Portions of lot 20, Block. 39, Commercial Subdiv/sion, first Addition, accord~hg to the plat thereof, os recorded in Plat Book 6.at page 30 of the Public Records of Mioml-Dods County, Florida, being more particularly os, follows; Commence at the Soufh west corner of sold tot 20; thence run North 89 degrees' 08 minutes 55 seconds Eost, along the South line of sold lot 20, far 27,10 feet; thence North 00 degrees 5i minutes 05 seconds West, at right ongles #o the lost mentioned course, for 0,83 to the. POINT OF BEG/NN1NG; Thence North 00 degrees 51 minutes 05 seconds West for a distance of 23.29 feet; Thence North 89 degrees 08 minutes 55 seconds Eas#, at right angles to the last. and next described courses, for a distance of 8.33 feet; Thence South DO degrees. 51 minutes 05 seconds East for a.d/stance of 23.29 feet to a point to be hereinafter referred, to as point 'A"; Thence Soufh 89 degrees 08 minutes 55 seconds West, of right angles fo the last described course, for a distance of 8.33 feet to the POINT OF BEGINNING, Area'os described hereon contains 194 square feet more or less,; Page 4 •vDf.P1\1~Y.~NMW4,tl,w uay,oanMmieaXagcxl.~MlcK«r L~C~AL D~SCI2IPTION Begin of Point 'A'; thence North 89 degrees Q6 minutes 5,~ seconds East for a disfance of d3, 42 feet to fhe PO1NZ OF BEGINNING '~'; Thence North OQ degrees 51 minutes d5 seconds Wes# for a disfance of 23.29 feet; Thence North 89 degrees pB minutes 55 seconds Easf, a# right .angles fo the last and neXt described courses, for a distance of 8,33 teet; Thence South 00 degrees 51 minutes 05 seconds East far a dis#anee at 23,25 feet; Thence South Bg degrees 08 minutes 55 seconds Wesf, of right angles to the last;. described course, for a disfance of 8.33 feet to the POINT Of BEGINNING "$'; Area os described hereon contains l94 square feat more or less, Said portion of the airspace Iocatad within the foregaing perimeter description above the unfinished surface of, the slab at elevation 33,9fi' and below the unfinished surface of the slab above of eievation 41,G3' (NG1iD29~, the afore-described Residential Pof~el is a contiguous volume, limited by Its perimatria and horizontd/ plane surfaces, as cnnsftvcted, and fheir proJectlons, and os such may ba subJect to mfnar variations oreated by the cansfructlon tolerances of fhe ImproVemarifs Intended fa deNne said volume All ying and being in Section 34, Township 53 South, Range 42 Epst, Clty of Miami Beach, Miami~Dade County, Fiondo .~ Page 5 YNYiNlltyssCwYr/ RNLI LWµO([Pii'IYM4 NOLMLYAfm W EXHIBIT ~~B" SKETCH OF ARCHITECTURAL OVERHANGS AND FEATURES OVERRIGHTS-OF-WAY AND PILE CAP ENCROACHMENTS MIAMI 1719122.4 7713726901 •LTON BOLD LENOZ •TBNDB WITNESSES: Sign: Print Name: Sign; Print Name: STATE OF FLORIDA COUNTY OF SUNTRUST BANK, a Georgia banking corporation By: Name: SS: The foregoing instrument was acknowledged before me this _ day of February, 2010, by , as of SUNTRUST BANK, a Georgia Banking Corporation. He/She is personally known to me or has produced a drivers' license as identification. Print Name: Notary Public, State of Florida at Lazge Commission No. My Commission Expires MIAMI 1719122.4 7713726901