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2012-27930 Reso RESOLUTION NO. 2012-27930 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN CONCEPT, THE GRANT, TO MIAMI-DADE COUNTY, OF: 1) A TEMPORARY INGRESS- EGRESS AND CONSTRUCTION STAGING EASEMENT (OR LICENSE AGREEMENT) AND 2) TWO PERPETUAL NON-REVOCABLE EASEMENTS, FOR THE CONSTRUCTION AND INSTALLATION OF A 60- INCH DIAMETER SANITARY SEWER FORCE MAIN IN, OVER AND UNDER A PORTION OF SOUTH POINTE PARK; PROVIDED, HOWEVER, THAT THE AFORESTATED CONCEPTUAL APPROVAL BE SUBJECT TO AND CONTINGENT UPON CONTINUING NEGOTIATION OF THE AGREEMENTS BETWEEN CITY AND COUNTY STAFF, WHICH AGREEMENTS, IF SUCCESSFULLY NEGOTIATED AND FINALIZED, SHALL BE SUBJECT TO FINAL APPROVAL BY THE CITY MANAGER AND CITY ATTORNEY; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AGREEMENTS, IF AND WHEN FINALIZED; FURTHER ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND AUTHORIZING A WAIVER OF THE CITY PERMIT FEES IN CONNECTION WITH THE ACTIVITIES CONTEMPLATED IN SOUTH POINTE PARK UNDER THE AFORESTATED AGREEMENTS, AS WELL AS IN CONNECTION WITH THE RIGHT-OF-WAY PERMIT TO BE ISSUED BY THE CITY FOR THE PORTION OF THE PROJECT THAT WILL ENTAIL A CLOSURE OF THE RIGHT-OF-WAY ON THE WEST SIDE OF WASHINGTON AVENUE, FROM COMMERCE STREET TO SOUTH POINTE PARK, AND COMMERCE STREET, FROM WASHINGTON AVENUE TO ALTON ROAD. WHEREAS, the Miami-Dade County Water and Sewer Department (WASD) needs to construct an emergency by-pass force main around compromised sections of its existing wastewater force main that serves the City of Miami Beach (the Project); and WHEREAS, the City Commission directed WASD to proceed with the construction of the emergency bypass force main in the "safest, fastest, and least impactful" way; and WHEREAS, WASD evaluated multiple alternatives and, as part of the construction and installation of the Project, it has determined to proceed with a route that goes through South Pointe Park; and. WHEREAS, WASD has requested that the City grant the following in order to proceed: 1) a temporary ingress-egress and construction staging easement; and 2) permanent sub- surface and utility easements; and WHEREAS, the temporary construction easement is a 33,405 square foot area, for the staging area necessary for the construction of the wastewater force main; and WHEREAS, the permanent sub-surface easement is a 8,407 square foot area, for a casing pipe and wastewater force main located between -20 feet and -80 feet NGVD; and WHEREAS, the permanent utility easement is a 14,678 square foot area, for the maintenance of the wastewater force main installed via direct bury; and WHEREAS, due to the complexity of the Project, its impact on South Pointe Park, and the potential disruption to users of the Park and to the South of Fifth Street neighborhood in general, there are still numerous issues that need to be addressed with WASD; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby, approve, in concept, the grant, to Miami-Dade County, of: 1) a temporary ingress-egress and construction staging easement (or License Agreement) and 2) two perpetual non-revocable easements, for the construction and installation of a 60-inch diameter sanitary sewer force main in, over and under a portion of South Pointe Park; provided, however, that the aforestated conceptual approval be subject to and contingent upon continuing negotiation of the aforestated agreements between City and County staff, which agreements, if successfully negotiated and finalized, shall be subject to final approval by the City Manager and City Attorney; further authorizing the Mayor and City Clerk to execute the final agreements, if and when finalized; further accepting the recommendation of the City Manager and authorizing a waiver of the City permit fees in connection with the activities contemplated in South Pointe Park under the aforestated agreements, as well as in connection with the right-of-way permit to be issued by the City for the portion of the project that will entail a closure of the right-of-way on the west side of Washington Avenue, from Commerce Street to South Pointe Park, and Commerce Street, from Washington Avenue to Alton Road. PASSED and ADOPTED this 6th day of June, 2012. ATTEST: Matti He rera Bower, Mayor Rafae Granado, City Clerk TAAGENDA\2012\6-6-12\WASD South Pointe Park Easement-RESO.doc.docx B ` ORATED: C. C.H-26 APPROVED AS TO FORM &LANGUAGE FOR EXECUTION Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Conceptually Granting Two Perpetual Easements And A Temporary Construction Easement (Or License Agreement) To Miami-Dade County, For The Construction and Installation Of A Proposed 60-Inch Diameter Wastewater Force Main In South Pointe Park, Subject To Final Negotiations And Approval Of The Aforestated Agreements By The City Attorney And The City Manager; And Further Authorizing A Waiver Of All City Permit Fees Related To The Agreements, And To The Right-Of-Way Permit To Be Issued By The City In Connection With The Portion Of The Right- Of-Way To Be Closed On The West Side Of Washington Avenue, From Commence Street To South Pointe Park, And Commerce Street, From Washington Avenue To Alton Road . Key Intended Outcome Supported: Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and the City Commission approve the Resolution? Item Summa /Recommendation: The Miami-Dade County Water and Sewer Department (WASD) is relocating a new 54-inch wastewater force main under the Government Cut navigation channel. While assessing the condition of the existing force main, WASD found several sections that were in danger of failing. At the March 21, 2012 City Commission meeting, WASD stated that it needed to make an emergency by-pass. The City Commission then directed WASD to proceed in the"safest, fastest, and least impactful"way. City staff reviewed the alternatives and recommended a route along the west side of the Apogee Condominium. WASD conducted negotiations with representatives of the Apogee, which were ultimately unsuccessful. As a result, WASD has determined that, in order to get the project done, the proposed route would be through South Pointe Park, Washington Avenue, and Commerce Street. In order to construct and install that portion of the project that will run through South Point Park, WASD has requested that the City grant the County the following: three (3) agreements within South Pointe Park: 1) Temporary Construction Easement (or License Agreement), 2) A permanent non-revocable subsurface easement and 3)A permanent non-revocable utility easement. Due to the complexity of the project, and concerns about impacts to South Pointe Park and the South of Fifth Street neighborhood, the City Attorney's Office and the City Administration recommend that the City Commission approve the grant of these agreements to the County, in concept, subject to successful negotiations between the City and the County of the final agreements. In the past, a fee of$10.53 per year was charged to private developers for the use of City property for private construction purposes. For example, this fee is charged whenever a public right-of-way is temporarily obstructed or used for a staging area. Currently, the fee charged for use of a City property is based on a market value appraisal of the area to be occupied. In the instant case, based on a fee of $10.53 per square foot, per year, the total fee for the use of the construction easement area by WASD would total $351,764.65 per year. In addition, WASD will have rolling closures of the west side of Washington Avenue, from Commerce Street to South Pointe Park, and Commerce Street, from Washington Avenue to Alton Road. Per City Code, a public right-of-way permit will be issued, which would require the payment of a permit fee of$10.53 per square foot, per year. In this case, however, since the project is being built by a public entity for a public purpose, the Administration recommends that the Mayor and City Commission waive the aforestated City permit fees. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: N/A. Financial Information: Source of Amount Account Approved Funds: 1 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: FHB/RWS, Public Works 6565 Sign-Offs: Department D' Assistant City Manager City nanager FHB JGG JMG\. T:\AGENDA\2012\6- -1 \ ASD South Pointe Park Easement-SUMMARY.docx 0 ® AGENDA ITEM - M I AM I B EAC H 6:1 ® MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera'Bower and Members of the City Commission FROM: Jorge M. Gonzalez City Manager DATE: June 6, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN CONCEPT, THE GRANT, TO MIAMI-DADE COUNTY, OF: 1) A TEMPORARY INGRESS-EGRESS AND CONSTRUCTION STAGING EASEMENT(OR LICENSE AGREEMENT)AND 2) TWO PERPETUAL NON-REVOCABLE EASEMENTS, FOR THE CONSTRUCTION AND INSTALLATION OF A 60-INCH DIAMETER SANITARY SEWER FORCE MAIN IN,OVER AND UNDER A PORTION OF SOUTH POINTE PARK; PROVIDED, HOWEVER, THAT THE AFORESTATED CONCEPTUAL APPROVAL BE SUBJECT TO AND CONTINGENT UPON CONTINUING NEGOTIATION OF THE AGREEMENTS BETWEEN CITY AND COUNTY STAFF, WHICH AGREEMENTS,IF SUCCESSFULLY NEGOTIATED AND FINALIZED, SHALL BE SUBJECT TO FINAL APPROVAL BY THE CITY MANAGER AND CITY ATTORNEY; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AGREEMENTS, IF AND WHEN FINALIZED; FURTHER ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND AUTHORIZING A WAIVER OF THE CITY PERMIT FEES IN CONNECTION WITH THE ACTIVITIES CONTEMPLATED IN SOUTH POINTE PARK UNDER THE AFORESTATED AGREEMENTS, AS WELL AS IN CONNECTION WITH THE RIGHT-OF-WAY PERMIT TO BE ISSUED BY THE CITY FOR THE PORTION OF THE PROJECT THAT WILL ENTAIL A CLOSURE OF THE RIGHT- OF-WAY ON THE WEST SIDE OF WASHINGTON AVENUE, FROM COMMERCE STREET TO SOUTH POINTE PARK,AND COMMERCE STREET, FROM WASHINGTON AVENUE TO ALTON ROAD. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution. FUNDING No funding is required. BACKGROUND The Port Of Miami will be dredging Government Cut to allow the new super Post-Panamax vessels access to the seaport. In advance of the dredging, the Miami-Dade County Water and Sewer Department (WASD) is installing a new wastewater force main under the Government Cut navigation channel that will replace the existing force main that is too shallow for the proposed depth of Government Cut WASD South Pointe Park Easements June 6, 2012 Page 2 of 5 The new force main was proposed to reconnect to the existing force main at Fisher Island, and at a shaft in the water southeast of the Miami Beach Marina. The construction methodology called for the contractor to expose and support the 54-inch main and to install a by-pass through a "hot" tap, connecting the by-pass to the 54-inch force main while sewage is flowing through it. However, while assessing the condition of the existing force main, WASD found several sections upstream of the proposed "hot" tap location that were in danger of failing. At the March 21, 2012 City Commission meeting, WASD made a presentation in which it stated that it needed to make an emergency by-pass around these sections of its force main.The City Commission then directed WASD to proceed in the"safest,fastest,and least impactful" way. To accomplish this, WASD indicated that it would need to construct a new shaft on Miami Beach, similar to the one on Fisher Island. It provided several alternatives to the City (Attachment A). City staff reviewed the alternatives and recommended a route along the west side of the Apogee Condominium that it believed to be the safest, fastest, and least impactful route (Attachment B). WASD conducted negotiations with representatives of the Apogee which were ultimately unsuccessful. As a result, on April 26, 2012, WASD decided to move forward with the project by using a route which would entail going through South Pointe Park, Washington Avenue, and Commerce Street(Attachment C). The City Administration has been meeting with WASD to ensure that it develops a schedule and construction methodology that provides the"safest,fastest, and least impactful"project. The requested approvals before the City Commission today pertain to three (3) proposed agreements that the County is requesting in connection with Phase 2 of the project, which specifically impacts South Pointe Park, and which proposes the construction of a 100 feet deep shaft that will be connected to the already built in-water shaft. ANALYSIS As part of Phase 2 of the proposed project, the County is requesting that the City enter into and/or grant the following three (3) agreements, which will impact South Pointe Park: 1. Temporary Construction Easement (and or license agreement) for ingress and egress and construction staging for Phase 2 of the project— in addition to ingress and egress from Washington Avenue,through the Park to the Phase 2 construction staging area, the 33,405 square foot staging area is necessary for the installation and construction of the sanitary sewer main (Attachment D); 2. Permanent Sub-surface Easement—a 8,407 square foot area for a casing pipe and wastewater force main between -20 feet and -80 feet NGVD (Attachment E); and 3. Permanent Utility Easement—a 14,678 square foot area for the maintenance of the wastewater force main(Attachment F). The County has submitted drafts of the above agreements to the City for its review; however, at this time,the City Attorney's Office recommends that the City Commission NOT approve the submitted documents, but rather continue to negotiate final documents,which will include additional terms and conditions that better serve and protect the interests of the City. Due to the complexity of the proposed project; its impact on South Pointe Park; and the potential disruption to users of the Park and to the South of Fifth Street neighborhood in general, there are still numerous issues that need to be addressed with the County (and WASD South Pointe Park Easements June 6, 2012 Page 3 of 5 which have not been included in the draft agreements submitted by the County)before final agreements can be executed. The following are some of the concerns which need to be discussed further and, when agreed to by the parties, memorialized as part of the final agreements: 1. The impact to the Park and to the South of Fifth neighborhood must be fully studied. At this time, the City Code limits construction working hours in residential neighborhoods from 8AM-6PM on weekdays, and 10AM-4PM on Saturdays; provided, however,that the City has the discretion to extend such hours upon written request to, and approval by,the City Manager. The proposed construction schedule submitted to the County by the Phase 2 general contractor, Ric-Man Construction Inc. (which schedule has NOT been approved by the County), contemplates a 54 week construction schedule for Phase 2, but is understood to be based on an assumption of extended hours for construction (i.e. 6:30AM to 6:30PM, Monday— Saturdays,for the 7 '/Z month period which entails the construction of the shaft, and then 24/7 for the 4 '/2 period which entails the construction of the micro tunnel ). Again, the proposed schedule has NOT been approved by the parties. From the City's end, the Administration will be seeking input from the surrounding neighborhood as to whether it is more desirable to have a shorter overall construction schedule, which would necessarily entail extended hours of construction, or whether shorter hours of construction are desirable, which will extend the overall construction schedule. 2. Again, in order to minimize the impact to the users of the Park and to the surrounding neighborhood, a Construction Mitigation Program needs to be developed by the County,in conjunction with City staff, and subject to the City's final review and approval. The Program is intended to be a detailed written plan which will be incorporated as part of the temporary easement (license agreement), and which will address issues during construction including, but not limited to: a traffic plan for ingress-egress to the site; securing of the perimeter of the site, as well as additional security(if deemed necessary);hours of operation;whether a City on-site representative is required for all or a portion of the construction period; City participation in weekly on site meetings with the contractor; City receipt of written status reports to track the progress of construction and address issues resulting from construction activities that affect the City; mitigation plans for noise, lighting, and debris and dust removal; and protection of City structures facilities, and improvements (i.e., including, without limitation, the Rehburger art work,the pump room for the fountain, the Washington Avenue plaza pavers, landscaping and turf and grass, etc.). 3. The indemnification, insurance and bonding issues need to be clarified; particularly given the fact that,as a governmental agency,the County's liability is limited by State statute. The City has to assure that it is FULLY PROTECTED against potential claims for property damage and/or personal injury as a result of the construction activities and the County's use of City property. In order to ensure this, an additional indemnification will need to be requested from the County's contractor. The City should also, in conjunction with obtaining the standard indemnification, obtain an environmental indemnification. 4. Post construction restoration, including repair of any damage to City property during the construction period, needs to be clarified to ensure that the City is made"whole" at the end of construction. This should include, without limitation, repair and/or replacement of any underground utilities-whether known or unknown-which are impacted as a result of the County's activities. WASD South Pointe Park Easements June 6, 2012 Page 4 of 5 5. The County needs to acknowledge that the City may not be able to provide as-built drawings of underground existing site utilities within the Park; therefore all staging and/or work being done within this area should be at the County's(and/or its General Contractor's)risk; such that the County needs to assume liability for any damage(s) caused as a result of unforeseen site conditions (i.e. the underground utilities). While the City Administration acknowledges that the County is anxious to commence construction activities with regard to Phase 2—the phase involving South Pointe Park, and which requires the City to grant approval of the three requested agreements(the temporary easement or license during construction, and the two permanent easements for the actual force main, once constructed and installed)—it recommends that the action taken by the City Commission today be to grant CONCEPTUAL APPROVAL of the proposed agreements, SUBJECT TO SUCCESSFUL NEGOTIATION BETWEEN THE CITY AND THE COUNTY OF FINAL AGREEMENTS. It is, for the time being, an equitable compromise: it allows the County to keep the project moving forward, in order to meet its deadline for completing construction of the force main prior to the dredging of Government Cut,while also reserving the City's rights as to final approval and execution of the agreements, subject to further negotiation and discussion of the additional terms and conditions that need to be incorporated into the County's drafts, in order to protect the City. It also allows the City to receive feedback from the South of Fifth Street neighborhood, as well as incorporate any additional recommendations and/or terms and conditions that emerge as a result of the City Commission's discussion of this agenda item. When a private developer occupies a City right-of-way for private construction activities/purposes, a per square foot fee is charged for the period of time that the property is being utilized. In the past, $10.53 per square foot per year has been charged whenever a public right-of-way is temporarily obstructed or used for a staging area in conjunction with a private construction project and/or development. The fee charged is based on a market value appraisal of the area to be occupied. If we were to use the $10.53 per square foot here, the total fee for the use of the construction easement area by WASD would total $351,764.65. In addition, since WASD will have rolling closures of the west side of Washington Avenue, from Commerce Street to South Pointe Park, and Commerce Street, from Washington Avenue to Alton Road, per City Code, a public right-of-way permit will be issued that requires the payment of permit fee of$10.53 per square foot, per year. As the project is being built by a public entity for a public purpose, the City Administration recommends that the City Commission waive all City permit fees for the Phase 2 portion of the project(within South Pointe Park), as well as the portion of the project(Phases 3 and 4) which will entail closures of the public right-of-way along the west side of Washington Avenue, from Commerce Street to South Pointe Park, and Commerce Street, from Washington Avenue to Alton Road. CONCLUSION The Administration recommends that the Mayor and the City Commission approve, in concept, the grant to Miami-Dade County, of: 1) a temporary ingress-egress and construction staging easement(or license agreement)and 2)two perpetual non-revocable easements, for the construction and installation of a 60-inch diameter sanitary sewer force main in, over and under a portion of South Pointe Park; provided, however, that the aforestated conceptual approval be subject to and contingent upon continuing negotiation of the agreements between City and County staff,which agreements, if successfully negotiated WASD South Pointe Park Easements June 6, 2012 Page 5 of 5 and finalized,shall be subject to final approval by the City Manager and City Attorney;further authorizing the Mayor and City Clerk to execute the final agreements, if and when finalized; further accepting the recommendation of the City Manager and authorizing a waiver of the City permit fees in connection with the activities contemplated in south Pointe Park under the aforestated agreements,as well as in connection with the right-of-way permit to be issued by the City for the portion of the project that will entail a closure of the right-of-way on the west side of Washington Avenue, from commerce street to South Pointe Park, and Commerce Street, from Washington Avenue to Alton Road. Attachments: A. WASD Emergency By-pass Alternatives B. City Proposed Emergency By-pass Alternative C. Project Alignment and Construction Phasing D. Sketch and Legal Description of Proposed Sub-surface Easement E. Sketch and Legal Description of Proposed Utility Easement F. Sketch and Legal Description of Proposed Construction Easement JMG/JGG/FHB/JJF/RWS T:WGENDA\2012\6-6-12\WASD South Pointe Park Easement-MEMO.doc , � y m xb C. c s a. k F,- . Le `t i j 7 y 21. T i 1 'l- Yt 1 � < L il�a gg d ; NOT tOA CONSTRUCTION V e V - ' g' K° GOVERNMENT CUT UTRITT RELOCATION PROJEC R r TS 3 x ! 3 OCI PROJECT No. 0810-WASO-01 ESP �1� !j � 1g� o"'> c 1I` �}1■ 7agR 5oA�>D pp iICUR3' IO r1. 4i f � i s A O r•�i S C 8 A A o B��� ! ORCE MAIN ALTERNATIVES lyi fA 4 l z qIIaIIILj� I f �� ao 31Niod s �.. . FE A volt mpoolt 10 31NIOd S r a.., r 0 < i a .' .�:....�a'�s.a __ .rte �._• ? gaff __,t ''g ':r S m uoil000-1 uiow ooio:j posodOJd 10 431OMS g luGwL D'Eijq / � I I —` fij to m .r q a 4 A i ����j N y f cn 'b _@ Zy ti b� �uaLga�l�b Attachment D EXHIBIT "A" > > a Q z 5TH ST a z > a 0 U 0 4TH ST z ' z U N V)w w RD ST W Q O Cn 2 MA I W Q Z o ry z B A N ST w Q > 1ST ST V) U z Fl— COMMERC ST t�l SOUTH P01 TE R SITE co MFR o NMFNT CST � o A ER IS ND DR o IS ER Q J I L N N w w V) N U- LL VICINITY MAP NOT TO SCALE A PORTION OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 54 SOUTH, RANGE 42 EAST MIAMI—DADE COUNTY, FLORIDA I.THIS IS NOT A FIND SURVEY. Avino• M S 1350 S.W.57TH AVB-LE DMVM BY.e.J s. SHEET W ITE 207 FLORIDA 33144 ALTERNATE 3 - C.M.B. r' CHECKm BY:J.R.A. C1 S [,,TlS TEL.(105)265-5030-FAX.(305)265 033 TEMPORARY CONSTRUCTION EASEMENT DAM 05/07/2012 1 CERTIFICATE OF AUTHORIZATION®u 5098 CERTIFICATE OF AUTHORIZATION U3 a 5098 VICINITY MAP sm � As�OM efD9�s•rtAi+am.s w&.rorm E-MAIL;.RAVI"AVINOAt•DA-%WIATESCOM JON-ft.AWING,PE,PSII/4998 Joe Nu:10116.00 aP 3 91EETs - - - R/W LLJ u- > SOUTH POINTE DRIVE $0 1 0 LL Q $o (BISCAYNE AVENUE PER PLAT) - - - SOUTH RIGHT OF WAY LINE $ $ $ OF SOUTH POINTE DRIVE ° w — — _ R/W N87'W57°E (BASIS OF BEARINGS)— r — ---- ----- ---------- / TDD.D NORTH LINE OF I R/w SECTION 10-54-42 1 1 I ' 1 WESTERLY LINE OF A I I 1 100.00 FOOT RIGHT OF WAY d ' PER O.R.B. 12566, PG.29V 1 I Q C 1 FOR WASHINGTON AVENUE 1 ' i Oz I 1- W - - - - - - - - - -��Y zz - - r - - T ---� - - - - - - - - - - - - - - ' LOT 5 I LOT 1 '$ '3 BLOCK s LOT 2 Q L P- BLOCK LOT 3 "BOUT:•. .9 CH : RK' I_ _ _ iE I ' "SOUTTH 9E''CH P"RK" (P9. 6 PG. 77) — 1 b! ' (P9. 6 PG. 77) LOT i - - - - - - - J — 1 '00 L 1 J ------------T- R — 1 — X 1 i \ r `� ?0.23341 1 I \\ R. 3. - N In ��T6 9L T 4 1 I vi °SOUTy BF'CLi PARK' �\ 17- (P96 PG.77) L=106.71 �� �I-4 1 �2 1 I► / �I LOT 5 R=100.00 . ��� L=124.19• 01 d 1 r-_ Stu o / X61'08'20 01 w / Z Z I fp a R=214.07 I a 15 I / X33'14'25° ri i a m I* / C / I 1 co v, / �^^ I �o v / CMD CO n. Lf! 2 0' 80' 160' TEMPORARY GRAPHIC SCALE >f, 3 CONSTRUCTION EASEMENT SCALE 1"=80' L \ \ \ ss�s•,9.w �� L,E G E N D 9.81 PB. Plat Book PG. Page r>'zTr� O.R.B. Official Records Book I.TWIS IS NOT A FIELD SLRVEY. C.M.B. City of Miami Beach 2 BEARINGS SHOWN F62EON ARE BASED ON AN ASSLIMED MERIDIAN ALONG THE SOU . . . TW y RIGHT OF WAY LINE OF SOUTH POINT DRIVE.N 87.38'57 E S OW / 1350 S.W.57TH AVENUE AVEN DRAW 13Y'.S.J.S. SHEET vinoSUITE 207 ALTERNATE 3 - C.M.B. CHECKED BY:&R.A WEST MIAMI.FLORIDA 33144 CERTFI05)26-5 uTUOQI.(305) 65 n g33 TEMPORARY CONSTRUCTION EASEMENT DATE 05/07/2012 2 N211TH CEU FICATE OF AUTHORIZATION LB 0 5098 SKETCH T0. ACCOMPANY LEGAL DESCRIPTION SE"` SCALE. AS-SHOWN e •R.1•era•eutrcr= E-MAIL:SAVIN00AVINOANDASSOCIATES.COM "GE R VIN%FE.PSWI 4990 ,roe No.:10118.00 OF 3 SHEETS LEGAL DESCRIPTION : A Parcel of land located In Section 10, Township 54 South, Range 42 East, City of Miami Beach, Miami—Dade County, Florida, and being more particularly described as follows: Commence at the Southeast corner of Lot 1, Block 8, "SOUTH BEACH PARK" as recorded in Plat Book 6 at Page 77 of the Public Records of Miami—Dade County, Florida; thence run South 10°4736" West for a distance of 155.76 feet to the POINT OF BEGINNING of the hereinafter described parcel of land; thence continue South 10°4736" West for a distance of 224.57 feet to a point, thence run North 6535'19" West for a distance of 95.80 feet to a point; thence run North 332926" West for a distance of 259.94 feet to a non—tangent point on a circular curve concave to the Southwest and whose radius point bears South 34°5744" East from this point; thence run Easterly along a 100.00 foot radius curve through a central angle of 61°08'20" for on arc distance of 106.71 feet to a point of reverse curvature of a circular curve concave to the Northeast; thence run Southeasterly along said circular curve a 214.07 foot radius through a central angle of 33°14'25" for an arc distance 124. 19 feet to a non—tangent point whose radius point bears North 0703'49" West from this point; thence run South 10 4736" West for a distance of 128.71 feet to a point; thence run South 55 51'44" West for a distance of 15.98 feet to a point; thence run North 84°12'20" West for a distance of 36.26 feet to a point; thence run South 05°57'40" West for a distance of 40.00 feet to a point; thence run South 84°12'20" East for a distance of 50.79 feet to a point; thence run North 55 51'44" East for a distance of 47. 11 feet to a point; thence run North 10 4736" East for a distance of 119.97 feet to a point; thence run North 60°15'06" East for a distance of 18.42 feet to the POINT OF BEGINNING, containing an area of 33,045 square feet or 0.76 acres, more or less. 1.THIS IS NOT A FIELD SU7VET. Avino®W / 1350 S.W.57TH AVBaJE DRArM BY.e.J.s SHEET WESE 207 FLORIDA 33144 ALTERNATE 3 — C.M.B. r� CHECKPD BY:J.R.A. C� I SSD�IAT�is TEL(305)265-5030-FAX.(3051765.5033 TEMPORARY CONSTRUCTION EASEMENT DATE: 05ro7no+x 3 CERTIFICATE OF AUTHORIZATION EB a 5098 CERTIFICATE OF AUTHORIZATION LB a 5098 LEGAL DESCRIPTION �., � �'DYM eo�s•a�w®.seer® E­v1AIL RAVINOoAVINOAPDASSOCIATES.COM JOftfF F AWIO,PE,P91J 4928 JOB No.:1011e.00 OF 3 sHEm Attachment E 5TH ST < 2 _ > a Z 4TH ST - Z AN' NiA U RD ST Q o; MA I Q w o2 0 � z �O B A 2N S LL.I > 1 ST ST u) U COMMERC ST > SOUTH P01 TE R SITE 2 V4 GO�FRNM co CUT `z o FI ER IS ND DR o IS ER Q W I L N V N U VICINITY MAP NOT TO SCALE A PORTION OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 54 SOUTH, RANGE 42 EAST MIAMI—DADE COUNTY, FLORIDA SURVEYOR'S NOTES: 1— This "SKETCH & LEGAL DESCRIPTION" to create a permanent subsurface easement is based on recorded documents. 2— This Certification is only for the lands as described, it is not as certification of Title, Zoning, Easement, or Freedom of Encumbrances, ABSTRACT NOT REWEWED. 3— There may be additional Restrictions not shown on this survey that may be found in the Public Records of this County. Examination of ABSTRACT OF TITLE will have to be made to determine recorded instruments, if any affecting this property. 4— Ownership subject to OPINION OF TITLE. 5— Unless otherwise noted, this Firm did not attempt to locate Footings and/or Foundations (Underground) 6— This SKETCH & LEGAL DESCRIPTION" has been prepared for the exclusive use of the entities named hereon. 7— Precision of Closure 1:10,000 Urban Class Survey, 8— Me' Bearings and Distances stated herein are based on the Mercator Grid System of the Florida East Coast Zone, as adjusted in North American Datum 83190. I.THIS IS NOT A FIELD SLRVEY. 9W / 1350 S.W.57TH AV64X D �47 SHEET Avino WEST MIAMI,FLORIDA 33144 ALTERNATE 3 - C.M.B. .A. ASSOCI�T�S TELL 3 C X030_FAX(305)7b5�033 DAM 2 CERTIFICATE OF AUTI-IORIZATION EB n 5098 PERMANENT SUBSURFACE EASEMENT CERTIFICATE OF ALM4012 ZATION L6°5098 VICINITY MAP SEC N o+NN�s•PLANNI S.e�eY® Ei MAIL:.RAVINOoAVINOANDASSOCIATES.COM .GE R.A:.0,PE,.1.. DF 3 sHEE,s 0 � \\ I I II I 1- - — J- - � — LJ - - - R/W LL > SOUTH POINTE DRIVE $ I $ 0 LL Q $ (BISCAYNE AVENUE PER PLAT) — SOUTH RIGHT OF WAY LINE $ $ $ OF SOUTH POINTE DRIVE ° R/W N87'38'57-E (BASS OF BEARINGS) r -----------I — 1 ------ 1 tpo.p1 1 NORTH LINE OF ' R/W SECTION 10-54-42 1 I 1 I 1 ► I I 0' 80' 160' 1 .R. 6:33. ?S. 394- i I GRAPHIC SCALE 1 WESTERLY LINE OF A I I ^ W L I SCALE 1"=80' 100.00 FOOT RIGHT OF WAY I as ti ) a 1 PER O.R.B. 12566. PG.2910 I I I QW I 1 FOR WASHINGTON AVENUE I I m a OZ a 1 - - - - - - - - - - - - - - - - - - - - �o'Y '?W -1- - - � - - -r ---1- - - - - LOT 5 I LOT zs ' o BLOCK B A I I L LOO T T i 2 BLOCK 7 Q "SOUTH B_ACHt: PARK" B_- CI � RK"LOT (PB. 6 PG. 77) "SOUTH __CH i (PB. 6 PG. 77) ------------T — - - - - - - - - - - - - -� R/ . �XI B—OT 4 i a;. i. 1. ?6'33. j 1 3' b / "SOUTH g�'Ch'?ARK' I 2304" / \\(p.q 6 PG OT 5 I LEGEND i ;° i dig PB. Plat Book 1 / PG. Page -----J 1 / O.R.B. Official Records Book I Ex N C.M.B. City of Miami Beach i GROUND ELEVATION I� ND yARIES U. 1+ I 1;} 3 84'12'20 ...;;r.3:=R 20;O:D .06 ..., E 225.81' I ELEV.°(—)20.00' I NGVD 1929 U) •� N 84'12'20. 194.53' ���1 aD` t7 y POINT OF 50.79' �y� c°o ELEVATION +BEGINNING N84'12'20°W L� VARIES S;Sn;t 40.00' �vo'S -J� SUBSURFACE EASEMENT NO TYPICAL SECTION I.THIS I NOT A FIELD IZEONI SURVEY. NOT TO SCALE 2 BEARINGS SHOWN H62EON ARE BASED ON AN ASSUMED A�tIDIAN ALONG THE SOUTH RIGHT OF WAT LINE OF SOUTH POINT DRIVE.N 87'38'5T E / 1350 S.W.5H AV6J-E DRAW BY:BAS. SHEET 's ALTERNATE 3 C.M.B. CHECKED BY: IAA.yifi® S M0I,FLORIDA33144 TELI 305)165-1030-FAX 13051 265-5033 PERMANENT SUBSURFACE EASEMENT DATE: 04il7i:012 2 p SS0C1���� CEPTIFICATE OF AU11-MIZATION®a 5098 y C67TIFICATE OF AVINOA RATION LB a 5099 SKETCH TO ACCOMPANY LEGAL DESCRIPTION �"` ��'°"" eras�.n w®.aaer�B EMAIL RAVINOoAVIN0A6DASSOCIATESCOM J RGE R.ANN0.K PSL/.. nob Na:IDne.oB - 3 -- LEGAL DESCRIPTION : A permanent subsurface Water Main easement to construct, repair, maintain and operate water main facilities together with all uses appurtenant thereto, beneath that portion of the lands within the City of Miami Beach in Section 10, Township 54 South, Range 42 East of the Public Records of Miami—Dade County, Florida, said easement lying below elevation (—)20.00 feet NGVD 1929 being horizontally described as follows: Commence at the Southeast corner of Lot 1, Block 8, "SOUTH BEACH PARK" as recorded in Plat Book 6 at Page 77 of the Public Records of Miami—Dade County, Florida; thence run North 6535'08" West along the South Line of said Lot 1, Block 8, "SOUTH BEACH PARK'; for 14.41 feet to a point; thence run South 10*4736" West for a distance of 291.09 feet to a point; thence run South 5551'44" West for a distance of 4711 feet to a point; thence run North 84°12'20" West for a distance of 50.79 feet to the POINT OF BEGINNING of a 40 feet wide M—DWASD Permanent Subsurface Easement; thence continue North 84°12'20" West for a distance of 194.53 feet to a point on the Southwesterly Line of Parcel Il as shown in Fortin, Leavy, Skyles, Inc. survey number 2001D-061-1, that is also the Mean High Water Line of the Easterly Shoreline of Biscayne Bay, thence run along said Mean High Water Line North 3273'24" West for a distance of 50.77 feet to a point; thence run South 84°12'20" East for a distance of 225.81 feet to a point; thence run South 05°47'40" West for a distance of 40.00 feet to the POINT OF BEGINNING of said 40 feet wide M—DWASD Permanent Subsurface Easement, containing on area of 8,407 square feet or 0. 19 acres, more or less. I.THIS IS NOT A FIELD SI.RVEY. • 6.I S 1350 S.W.57TH AVEN-E DRAM BY:8.4& SHEET Vino SUITE 207 MAMI,FLORIDA 33144 ALTERNATE 3 - C.M.B. CHECKED BY:�1R.A. TEL(3051 265-5030-FAX(3051265-5033 PERMANENT SUBSURFACE EASEMENT DATE: 04/17/2012 3 ASSOr'Am�s CERTIFICATE OF AUTHORIZAT04 EB n 5098 Ul 1 CERTIFICATE OF AUI`KMIZATION LB a 5098 LEGAL DESCRIPTION �"` � PS-SHOW e+ e•P1A9ase.su�eYale E4v1AIL RAVINO°AVINOAPDASSOCIATESCOM =GE R AMNO.PE,PWJ{098 dOB No.:10116.00 1 of 3 sHwm Att c'1 �- t F EXITIT "A" a Q z 5TH ST < 2 a ° a 4TH ST Z ? v In p Q 2 2 w RD ST Q o cn Z MA I J W Q w o2 0 0 WS Q � B A N > 1ST ST (/) U COMMERC ST It kq SOUTH P01 TE R SITE Z �Q Gpk p C) c�T Q o FI ER IS ND DR o g IS ER Q I L N W N N N_ VICINITY MAP NOT TO SCALE A PORTION OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 54 SOUTH, RANGE 42 EAST MIAMI-DADE COUNTY, FLORIDA I.THIS IS NOT A FIELD SUNIFY. p O 1350 S.W.57TH AVEV.E DIUM Br.B.J.S. SHEET Avino E15TM1,ROR1DA33144 ALTERNATE 3 - C.M.B. CHECKED BY:J.R.A. TEL(IFIC 3051265-5030 FAX.11051265-5033 PERMANENT EASEMENT DAM Ds/07/=m= 1 CERTIFICATE OF AUTHORIZATION�n 5098 CERTIFICATE OF AUTHORIZATION LB n 5098 VICINITY MAP s.' �. AsswxH eroemeB•Ra�-8Ur&= E-MAIL:.RAVI"AVINOAPDASSOCIATES.COM ,pgfE R.AYMD,M PWI W98 Joe no.:1011e.00 OF 3 sl�is \ — R/W z 1 — L - 1 - 1 — — — — � — L_ J - - � _ � — u > SOUTH POINTE DRIVE o / o LL Q (BISCAYNE AVENUE PER PLAT) o _ _ _ Q SOUTH RIGHT OF WAY LINE S $ $ OF SOUTH POINTE DRIVE ° w — — _ R/W N87.W57'E (BASIS OF BEARINGS) r — ---- -- -- -------------- —�------- - 1 R/W 1 NORTH LINE OF , SECTION 10-54-42 1 3. 6:33. ? .P.304, I 1 j WESTERLY LINE OF A I I o^ ~ 1 100.00 FOOT RIGHT OF WAY 1 w ti j r PER O.R.B. 12566. PG.2910 1 a I Q i I FOR WASHINGTON AVENUE 1 ' m OW. 1 ma 'f-j ' — r - - -r - - - - - - - - - - - - - - - 1�Y zz � -1- - --- - - - - - - - - - - —1- - �oz I�Q I LOT 5 I 'LOT 4 1 BLOCK 8 LOT 2 1 z LOT 3 "SOUTH BI E CF: PARK I _ � � o m � � I BLOCK 7 I S — I ' I ' " OUTH PG. PARK" (p B. 6 PG. 77) 6 I LO- I 1 (PB. 6 PG. 77) I - - - - - - ------------T — �'— — — 565'35'08°E R/Iy / 41.16' 0 � L=14.89' - / ? R=214.07' aW ►� 0?6 BLTK 4 v.3. 6:33, uj °SOUTH B• ..n RK . 394! nz' d�3'59 04 ;� / \(P36 PG.77) =1 c � $a / J�LOT 5 Ix r "T.:;•4 of �} / \ `•=•gym' � � �� / N55-5 I 447E 4- 15.98. \ �•� '� S84'12'20-E 36.26' O / :[•• try 2 0' 80' 160' GRAPHIC SCALE 50.79' �g'h; / SCALE 1"=80' / N84'12'20-W s.•, LEGEND L•g; PB. Plat Book Nom \ / PG. Page I.THIS IS NOT A FIELD SLRVEY. / O.R.B. Official Records Book 2 BEARINGS SHOWN 1-�ARE BASED ON AN ASSUMED ME32IDIAN ALONG T1 4E SOUTH C.M.B. City of Miami Beach RIGIdT OF WAY LINE OF SOUTH POINT DRIVE,N 87'38'57•E. • OW / 1350 S.W.57TI4 AVENUE E DRAW Br.B.J.S SHEET y' n0 SUITE 207 ALTERNATE 3 - C.M.B. WEST MIAMI,FLORIDA 33144 CJIECKED BY: .R.A J N211TH CE12 305126 OF-5030 AU FAXATIO 265 033 PERMANENT EASEMENT DA 03ro7n�= 2 CERTIFICATE OF AU1F101217ATION®°5098 cazr305)'6 of AUTHORIZATION LB a 5098 SKETCH TO ACCOMPANY LEGAL DESCRIPTION �` "�'° e+o°rarB•FLw®•aSP&-V s E-MAIL°.RAVINO°AVINOANDASSOCIATE,S.COM JORGE R.AoaD,P¢,Psi#4095 JOB No.:Imie.00 ov 3 sIEETs LEGAL, DESCRIPTION : A Parcel of land located In Section 10, Township 54 South, Range 42 East, City of Miami Beach, Miami—Dade County, Florida, and being more particularly described as follows: Begin at the Southeast corner of Lot 1, Block 8, "SOUTH BEACH PARK" as recorded in Plat Book 6 at Page 77 of the Public Records of Miami—Dade County, Florida; thence run South 10°4736" West for a distance of 155.76 feet to a point; thence run South 60°15'06" West for a distance of 18.42 feet to a point; thence run South 10°4736" West for a distance of 119.97 feet to a point; thence run South 5551'44" West for a distance of 47. 11 feet to a point; thence run North 84°12'20" West for a distance of 50.79 feet to a point; thence run North 05 47'40" East for a distance of 40.00 feet to a point; thence run South 84°12'20" East for a distance of 36.26 feet to a point, thence run North 5551'44" East for a distance of 15.98 feet to a point; thence run North 10 4736" East for a distance of 128.71 feet to a non—tangent point on a circular curve concave to the Northeast and whose radius point bears North 0703'49" West; thence Easterly along a 214.07 foot radius curve through a central angle of 3°59'04" for on arc distance of 14.89 feet to a point on the Southwesterly extension of the Westerly line of a 100.00 foot Right—of—Way per Official Book 12566 page 2910 for Washington Avenue; thence North 10 4736" East along said Southwesterly extension for 147.03 feet to a point on said South Line of Lot 1, Block 8, "SOUTH BEACH PARK",- thence run South 6575'08" East along said South Line of Lot 1, Block 8, "SOUTH BEACH PARK" for 41. 16 feet to the POINT OF BEGINNING, containing on area of 14,67i square feet or O.34 acres, more or less. 1.THIS IS NOT A Flan SLRVEY. i QI N 1350 SW.57M AVB IX ORAra Br.B.Js. SHEET y ® WEST MIAMI,1`101210A 33144 ALTERNATE 3 - C.M.B. CHECNm BY:J.R.A. TB_ 1051165-5030 FAX 13051161-5031 PERMANENT EASEMENT DAM 05/07/2012 3 CERTIFICA TE OF AL NORIZATION E3 C3 n 5098 CERTIFICATE OF AUT410RIZATIO1419 a 5098 LEGAL DESCRIPTION ` � �°VM ew e•PLAMI 78•SlMrM E-MAIL: sEAL R MWO,P-PW#090 JOB No.:10118.00 of 3 sr11—