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2013-28231 Reso RESOLUTION NO. 2013-28231 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ACCEPTING TWO (2) EASEMENTS FROM DOROTHY RIGGS, JOHN RIGGS, WILLIAM RIGGS, AND BMO HARRIS BANK AS THE OWNERS OF THE PROPERTY LOCATED AT 6876 COLLINS AVENUE (THE PUBLIX PROPERTY) FOR: 1) A UTILITY EASEMENT LOCATED AT THE SOUTH END OF THE PROPERTY FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF CITY UTILITIES; AND 2) A NON-EXCLUSIVE PEDESTRIAN EASEMENT ON THE NORTH SIDE OF THE PROPERTY PARALLEL TO THE SOUTH SIDE OF 69TH STREET, FROM COLLINS AVENUE TO HARDING AVENUE. WHEREAS, during the design process associated with the construction of the new Publix at 6876 Collins Avenue (the Property), the City identified the need for two (2) easements: 1) for a water main; and 2) for pedestrian access; and WHEREAS, the utility easement will allow the City to maintain the water main infrastructure necessary to provide uninterrupted delivery of safe drinking water to residents; and WHEREAS, the area of the proposed utility easement is approximately 5084 square feet, and described as a portion of Lots 13 and 22, Block 6 of the amended plat of Second Ocean Front Subdivision, according to the plat thereof, as recorded in the Plat Book 28, Page 28, of the public records of Miami-Dade County, Florida; and WHEREAS, to improve the streetscape, harmonize with future right-of-way improvements, and to promote public safety (by providing more distance from vehicular traffic), a non-exclusive easement is necessary for a public sidewalk to convey pedestrians across the Property; and WHEREAS, the area of the proposed pedestrian easement is approximately 916 square feet, and described as portion of Lots 1 and 12, Block C of the corrected Plat of Atlantic Heights, as recorded in the Plat Book 9, Page 14, of the public records of Miami-Dade county, Florida; and WHEREAS, Dorothy Riggs, John Riggs, William Riggs, and BMO Harris Bank as the owners of the Property, have agreed to provide the City with the aforestated easements. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and accept two (2) easements from Dorothy Riggs, John Riggs, William Riggs, and BMO Harris Bank as the owners of the property located at 6876 Collins Avenue (the Publix property) for: 1) a utility easement located at the south end of the property for the construction, installation, maintenance, repair, and replacement of City utilities; and 2) a non-exclusive pedestrian easement on the north side of the property parallel to the south side of 69th Street, from Collins Avenue to Harding Avenue. PASSED AND ADOPTED this 5th day of June, 2013. ATTEST: 1 Matti He era ower, Mayor Raf I Granad"iVy Clerk T:\AGENDA\2013Wune 5\Publix at 6876 Collins Avenue ent I$tiot}. INCORP ORATED' f Cy 26 f APPROVED AS TO FORM &LANGUAGE &FnR EXECUTION o ne patel COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting Two Easements From Dorothy Riggs, John Riggs, William Riggs, And BMO Harris Ban (Publix) At 6876 Collins Avenue: 1)A Utility Easement Located At The South End Of The Property For The Construction, Installation, Maintenance, Repair, And Replacement Of City Utilities And 2)A Non-Exclusive Pedestrian Easement On The North Side Of The Property Parallel To The South Side Of 69`h Street From Collins Avenue To Harding Avenue For Pedestrian Access. Key Intended Outcome Supported: Maintain the City's infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): The Customer Satisfaction Survey indicated that 60% of residents rated utility pipes in good condition Item Summa /Recommendation: During the design process associated with the construction of the Publix at 6876 Collins Avenue, the City identified the need for two easements. One easement is for a water main on the south side of the property. The second easement is for pedestrian access on the north side of the property. The utility easement will allow the City to maintain the water main infrastructure necessary to provide uninterrupted delivery of safe drinking water to residents. To configure the streetscape, harmonize with future right-of-way improvements and to promote public safety(by providing more distance from vehicular traffic) a non-exclusive easement is also needed for a public sidewalk, to convey pedestrian traffic. The City has obtained approval of both easements from Dorothy Riggs, John Riggs, William Riggs, and BMO Harris Bank (Publix), owners of the property located at 6876 Collins Avenue, for the construction, maintenance, repair, and replacement of water mains and sidewalk. The infrastructure has been installed as part of and at the expense of the Publix development. However, maintenance, repair, and replacement costs of the infrastructure contained in the water main easement will be the responsibility of the City in the future. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION Advisory Board Recommendation: n/a Financial Information: Source of Amount Account Funds: 1 OBPI Total City Clerk's Office Legislative Tracking: Richard Saltrick ext. 6565 Department Director Assistant 5!Manager City M' nager ETC MT JL VAl Sign-Offs: T:\AGENDA\2013\June 5\Publix at 6876 Collins Avenue Easement Summary.doc 1AGENDA ! \ U B EA.� H ITEM G7 M DATE 6-5'13 ® MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov Qee ON MEMORANDUM TO: Mayor Matti Herrera Bower anCity Com ission FROM: Jimmy Morales, City Manager DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE Y COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, O EASEMENTS FROM DOROTHY RIGGS, JOHN RIGGS, WILLIAM RIGGS, AND BMO HARRIS BANK (PUBLIX) AT 6876 COLLINS AVENUE: 1) A UTILITY EASEMENT LOCATED AT THE SOUTH END OF THE PROPERTY FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF CITY UTILITIES AND 2) A NON-EXCLUSIVE PEDESTRIAN EASEMENT ON THE NORTH SIDE OF THE PROPERTY PARALLEL TO THE SOUTH SIDE OF 69TH STREET FROM COLLINS AVENUE TO HARDING AVENUE FOR PEDESTRIAN ACCESS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND During the design process associated with the construction of the Publix at 6876 Collins Avenue, the City identified the need for two easements. One easement is for a water main on the south side of the property. The second easement is for pedestrian access on the north side of the property. The utility easement will allow the City to maintain the water main infrastructure necessary to provide uninterrupted delivery of safe drinking water to residents. The area of the new easement is 5,084 square feet as described in,the agreement between Publix and the City (Attachment A) and as shown on the sketch (Attachment B), located at the south end of the property. To configure the streetscape, harmonize with future right-of-way improvements and to promote public safety (by providing more distance from vehicular traffic), a non-exclusive easement is necessary for a public sidewalk, to convey pedestrian traffic. The area of the new easement is 916 square feet as described in the agreement between Publix and the City (Attachment C) and as shown on the sketch (Attachment D), located on the north side of the property, parallel to the south side of 69" Street. City Commission Memorandum-Publix at 6876 Collins Avenue Easement June 5, 2013 Page 2 of 2 ANALYSIS The City has obtained approval of the utility easement from Dorothy Riggs, John Riggs, William Riggs, and BMO Harris Bank (Publix), owners of the property located at 6876 Collins Avenue, for the maintenance, repair, and replacement of water mains and appurtenances. The easement is approximately 5,084 square feet, and described as a portion of Lots 13 and 22, Block 6 of the amended Plat of Second Ocean Front Subdivision. The Plat thereof, is recorded in Plat Book 28, Page 28, of the public records of Miami-Dade County Florida (Attachments A and B). The City has also obtained approval of the non-exclusive pedestrian easement from Dorothy Riggs, John Riggs, William Riggs, and BMO Harris Bank (Publix), the owners of the property at 6876 Collins Avenue, for the maintenance, repair, and replacement of the sidewalk. The easement is described as a portion of Lots 1 and 12, Block C of the corrected plat of Atlantic Heights, according to the plat thereof, as recorded in Plat Book 9, Page 14, of the public records of Miami-Dade County Florida, containing 916 square feet (Attachment C and D). The infrastructure has been installed as part of and at the expense of the Publix development. However, maintenance, repair, and replacement costs of the infrastructure contained in the water main easement will be the responsibility of the City in the future. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the resolution. Attachment: A. Utility Easement Agreement B. Utility Easement Sketch and Legal Description C. Non-Exclusive Pedestrian Easement Agreement D. Non-Exclusive Pedestrian Easement Sketch and Legal Description MT/ETC/JJF/RWS/DS/DEF T\AGENDA\201 Wune 5\Publix at 6876 Collins Avenue Easement Memo.docx Attachment— A This instrument prepared by (and after recording return to): Heather Rae Trkovsky PURLIX SUPER MARKETS,INC. Post Office Box 407 Lakeland, Florida 33802-0407 For Recorder's Use Only GRANT OF PERPETUAL WATER MAIN EASEMENT THIS WATER MAIN EASEMENT ("Easement") is made this day of , 2013, by and between COLLINS AVENUE, LLC, a Florida limited liability company; JOHN RIGGS and BMO HARRIS BANK N.A., as Co-Trustees of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of John Riggs; DOROTHY RIGGS and BMO HARRIS BANK N.A., as Co- Trustees of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of Dorothy Riggs; and WILLIAM RIGGS and BMO HARRIS BANK N.A., as Co-Trustees of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of William Riggs (collectively, "Grantor"); and the CITY OF MIAMI BEACH, a Florida municipal corporation (the "City"). A. Grantor is the fee simple owner of certain real property located in the City of Miami Beach, Miami-Dade County, Florida(the "Publix Property"). B. Grantor has agreed to grant to the City a non-exclusive easement over that certain portion of the Publix Property specifically described on Exhibit "A", attached hereto and by this reference incorporated herein (the "Easement Area"), upon the terms and conditions set forth herein. In consideration of the foregoing facts, mutual covenants, conditions and promises contained herein and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of Easement. Subject to and in consideration of the terms and conditions set forth in this Easement, Grantor hereby grants and conveys to the City a perpetual non-exclusive easement across the Easement Area to construct, install, inspect, operate and maintain a water main line, and all appurtenant facilities thereto (collectively the "Easement Improvements"), with right to reconstruct, improve, change and remove all or any of the facilities within the Easement Area, with the full right of ingress thereto and egress therefrom on the express condition that it is used for the express purposes provided herein. Any use of the Easement Area other than in strict accordance with the terms and conditions of this Easement without the prior written consent of Grantor is expressly prohibited and shall constitute an over- burdening of the easement. 2. Construction of Easement Improvements; Repair of Easement Area. The City shall perform any and all construction, installation and repair of any Easement Improvements located in the Easement Area at its sole expense, in a good and workmanlike manner and in full compliance with all rules, regulations, permitting requirements, codes, laws and ordinances of all governmental and quasi-governmental authorities having jurisdiction. Upon completion of the Easement Improvements, and after any repair, maintenance or replacement thereof, the City shall promptly: (i) remove all construction debris and equipment; (ii) fill and compact all excavations; and (iii) grade and restore the Easement Area to the same condition as existed prior to commencement of such work. Page 1 3. Relocation of Easement Area. Grantor shall have the right to relocate the Easement Area and the Easement Improvements upon written notice to the City; provided, any such relocation of the Easement Area and Easement Improvements shall not frustrate the purpose of the Easement, or result in any interruption in use of the Easement Improvements, and Grantor shall bear the obligation and expense of relocating the Easement Improvements. Upon any such relocation Grantor and the City agree to execute and record an amendment to this Easement setting forth such new location. 4. No Public Grant. Nothing in this Easement shall be deemed to be a gift or dedication of any area for public use, other than as specifically set forth herein. Except as specifically provided herein, all rights, easements, and interests herein created are private and do not constitute a grant for public use or benefit. 5. Indemnity. Following formal acceptance of this instrument by the Miami Beach City Commission, and to the extent permitted by and subject to the limitations of Section 768.28, Florida Statutes, the City shall indemnify and hold harmless the Grantor from all and against all suits, claims, judgments, and all loss, damage, costs or charges including attorneys' fees and court costs arising from City's or its agents' or subcontractors' acts or omissions, in any way connected with the installation, location, repair, maintenance, use or replacement of any Easement Improvements. This indemnification shall survive any cancellation of this Easement. 6. Liens. Pursuant to Section 713.10, Florida Statutes, Grantor's fee simple interest in the Easement Area shall not be subject to liens. The City shall timely pay all contractors for all work conducted by or on behalf of the City on the Easement Area and shall keep the Easement Area free and clear of any construction or materialmen's liens arising out of any work performed on the Easement Area by or on behalf of the City. If any construction or materialmen's lien is filed against the Easement Area as a result of services performed for or materials furnished to the City, the City shall cause such lien to be released and discharged of record within thirty (30) days of receipt of notice of such lien, either by paying the indebtedness which gave rise to such lien or by posting bond or other security as shall be required by law to obtain such release and discharge. Additionally, the City shall indemnify, defend, and hold harmless Grantor against any liability, loss, damage, costs, or expenses (including reasonable attorney's fees actually incurred and court costs) on account of such claim of lien. 7. Title. If the easement granted hereunder shall be extinguished for any reason, whether by agreement of the parties or by operation of law, Grantor and the City agree to cooperate in preparing and recording an appropriate instrument reflecting the extinguishment of the easement. 8. Liability of Grantor. Grantor shall not be liable for any loss or damage to any Easement Improvements, or liable for any consequential damages to third parties as a result of the grant hereof, the operation of the water main or damage resulting from the failure of any Easement Improvements, regardless of the cause or causes of such loss or damage. 9. Reservation of Rights. Grantor hereby reserves to itself, its tenants, invitees, licensees, employees, successors and assigns the right to use the Easement Area for any lawful purpose, including but not limited to use of the Easement Area as improved driveway and parking areas, or the location of utilities; provided any such use does not frustrate the purpose of this Easement. 10. Binding Effect. The terms and provisions of this Easement shall be binding upon and inure to the benefit of Grantor and the City and each of their respective successors or assigns. 11. No Transfer of Fee Simple Title. This Easement shall never be construed as a conveyance, in any manner whatsoever, of fee simple title to any portion of the Easement Area, it being intended by the Page 2 parties hereto that this Easement conveys only an easement for the uses and purposes set forth herein, and subject to the terms and conditions set forth herein. 12. Miscellaneous. (a) In any claim or litigation arising out of this Easement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs (at the trial level and at all levels of appeal) from the non-prevailing party. (b) In the event that any one or more provisions contained in this Easement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Easement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. (c) Nothing in this Easement shall be construed to make Grantor and the City partners or joint ventures or render either of them liable for the debts or obligations of the other. (d) The failure of Grantor or the City to insist, in any one or more instances, upon strict performance of any covenant or agreement in this Easement will not be construed as a waiver or relinquishment of the future enforcement of such covenant or agreement, but the same will continue and remain in full force and effect. (e) All notices required or contemplated by this Easement will be in writing and will be delivered in person, overnight courier or by United States certified mail, return receipt requested, addressed to the party to whom such notice is directed at the addresses set forth below. By giving at least five (5) days prior written notice to the other party, either party may change its address as set forth herein. Notice shall be deemed given when sent: If by mail to Grantor to: Collins Avenue, LLC c/o W. Andrew White The Northern Trust Company 755 Beachland Boulevard Vero Beach, FL 32963 John Riggs c/o BMO Private Bank 777 South Flagler Drive Suite 140E West Palm Beach, FL 33401 Attn: Eileen Minnick Page 3 Dorothy Riggs c/o BMO Private Bank 777 South Flagler Drive Suite 140E West Palm Beach, FL 33401 Attn: Eileen Minnick William Riggs c/o BMO Private Bank 777 South Flagler Drive Suite 140E West Palm Beach, FL 33401 Attn: Eileen Minnick BMO Harris Bank N.A., as Co-Trustee of the Priscilla W. Riggs Trust,dated December 16, 1991, for the benefit of John Riggs, as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of Dorothy Riggs, and as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of William Riggs c/o BMO Private Bank 111 West Monroe Street, 16W Chicago, IL 6060') Attn: Anthony G. Pappalardo Vice President, Trust Real Estate With a copy to: Publix Super Markets, Inc. P.O. Box 407 Lakeland, Florida 33802-0407 Attn.: Vice President Real Estate If by overnight courier to Publix: Publix Super Markets, Inc. 3300 Publix Corporate Parkway Lakeland, Florida 33811 Attn: Vice President Real Estate Page 4 With copy to: John A. Attaway, Jr. General Counsel and Secretary Publix Super Markets, Inc. P.O. Box 407 Lakeland,Florida 33802-0407 If by mail or overnight courier to the City: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, FL 33139 Attn: Director of Public Works (f) This Easement shall be recorded in the public records of the Dade County. Recording fees and any documentary stamp taxes payable hereon shall be paid by the City. (g) Headings and similar structural elements set forth in this Easement are intended for ease of reference only, and are not intended, and will not be construed, to reflect the intention of the parties or to affect the substance of this Easement. This Easement has been negotiated at arm's length between Grantor and the City, each having an opportunity to negotiate the form and substance hereof. Therefore, in construing the provisions of this Easement, the parties will be deemed to have had equal roles in drafting; and the rule of strict construction shall not apply to this Easement. (h) This Easement sets forth the entire understanding between Grantor and the City, and may not be changed, modified or amended, except by an instrument in writing executed by the party against whom the enforcement of any such change, modification or amendment is sought. Whenever used, the singular number includes the plural and the plural is singular, and the use of any gender includes all genders. (i) Grantor and the City hereby each represent and warrant to the other the following: a. That they have the full power and authority to execute and deliver this Easement and to perform its obligations hereunder. b. That its respective legal entity is validly existing under Florida law in good standing and its status is active. c. That this Easement constitutes a valid and legally binding obligation enforceable under the laws of Florida. d. The execution, delivery and performance of this Easement will not violate, conflict with, or constitute any default under any law, government regulation any agreement or instrument binding upon it. {Signatures begin on the following page.) Page 5 IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day first written above. Signed and sealed in the presence of: COLLINS AVENUE,LLC, a Florida limited liability company � By: \„� 1 rint Name: ,4E 2.4L V 1A)A 1:111.I 4V 57Zo�ame: W. Andrew White Its: President 4d-Z Print Name: c. Two Witnesses as to (:-,I► .n s A Ue vwte ,I,L L STATE OF r/- ,etoA COUNTY OF ZVDj*Aj k iya-,?- The foregoing instrument was acknowledged before me this 2-1 day of Fe,b• , 20 13 , by W. Andrew White, the President of Collins Avenue, LLC, a Florida limited liability company. Such person (check one) is personally known to me or has produced a valid driver's license as identification. Notary Public, State and Coun y Aforesaid Printed Name: IVlar;aKKe H ;►tr My commission expires: —r I`f r, (Notary Seal) MARIANNE NUDGINS = Notary Public-State of Floe;: �oQ My Comm.Expires Jul 14,2( i 'Ey F qP' Commission #EE 11246. {Signatures continue on the following p e. Page 6 Signed,sealed and delivered in the presence of: (Witness' Sign ) JOHN RIG s o-Trustee of the Priscilla W. Riggs Trus , dated December 16, 1991, for Print Name OVA p0 WS K= the benefit of John Riggs ('V Signature) Print Name STATE OF l� COUNTY OF l ,bliL �S The foregoing instrument was acknowledged before me this Q-1 day of ` fLkC ('1 , 20� by John Riggs,as Co-Trustee of the Priscilla W. Riggs Trust,dated December 16, 1991, for th enefit of John Riggs. Such person (check one) is personally known to fine or has produced a valid t_� LQ driver's license as identification. a Wad Notary Public, St t and County Aforesaid Printed Name: C— m My commission expires: k ao I (Notary Seal) =Public.ARROLL •Notary Seal MISSOURI S City ires Jan.25,2016#12296503 (Signatures continue on the following page.) Page/-g17 Signed, sealed and delivered in the presence of: ^^ '��`' I vG `� DOROTHY RIC.QS, as Co-T44 of the itness' Si ature) Priscilla W. Riggs Trust, dated er-ember 16, n 1991,for the benefit of Dorothy Riggs Print Name P ��t,y /� ������� ( itn Signature) Print Name 16 STATE OF C�L� EaY COUNTY OF .a,,, Lu- ObG5p� The foregoing instrument was acknowledged before me this S+"' day of 20 13 , by Dorothy Riggs, as Co-Trustee of the Priscilla W.Riggs Trust, dated December 16, 1991, for the benefit of Dorothy Riggs. Such person (check one) is personally known to me or has o uced a valid driver's license as identification. Notary Public, State and County Aforesaid Printed Name: (444-ISTIAPJ d'1A4 My commission expires: (Notary Seal) CHRISTIAN KIM t �•. Commission # 1926327 a =(= E Notary Public - California z z .� a San Luis Obispo County r ,-.. — My Comm. Expires Feb 20,2015 (Signatures continue on the following page.) Easement- e �i Signed, sealed and delivered in the presence of ( i s' Signature) WILLIAM RIGGS, as Co- ru tee of the \ r�"/� Priscilla W. Riggs Trust, dated December 16, Print Name J,�+a �\bYETG_ 1991, for the benefit of William Riggs M ,;�nn (Witness' Signature) des Print Name 1, � n STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by William Riggs, as Co.-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of William Riggs. Such person (check one) is personally known to me or has produced a valid driver's license as identification. PLEASE SEE ATTACKED CALIFORNIA CERTIFICATE j AXA PUQ t-I G Notary Public, State and County Aforesaid Printed Name: A�j (q @t(3 My commission expires: (Notary Seal) (Signatures continue on the following page.) Easement-Bagc=lftft� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of -gA-^J 2)167--_6-26 4.1p On before me, / �-1 LS '-I KJA 77 D e Here Insert Name and Title 01 the Officer af personally appeared IJ I LL i A /--t Name(s)of Signer(s) jt fiwho proved to me on the basis of satisfactory fi evidence to be the person($) whose name($) is/arm subscribed to the within instrument and acknowledged to me that he/s4@44&y executed the same in hisl r authorized capacity(, and that by his/ signatureLM on the instrument the fi person($), or the entity upon behalf of which the personX acted, executed the instrument. KIRAN B. MISRA COMM.#1904245 NOTARY PUBLIC o CALIFORNIA I certify under PENALTY OF PERJURY under the ifi SAN DIEGO COUNTY Commission Expires Oct 14.2014 laws of the State of California that the foregoing %%.....i%. 'f.....• ~' is true and correct. WITNESS my hand and official seal. Signature: AL Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to.another document. Description of Attached Document et Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: nq^j , Prrerc,, Aa A)Ao^1 i 9EN40bt­c Capacityl Claimed by Signerl Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): L-1 Individual D Individual fi ❑ Partner —❑Limited ❑General Top or thumb Here ❑Partner — ❑Limited ❑General Top of thumb here ❑ Attorney in Fact D Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator D Guardian or Conservator fi ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: fi ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876.6827) Item#5907 7�>, / xa*e- /0 Signed, sealed and delivered in the presence of: BMO HARRIS BANK N.A., as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991,for the benefit of John Riggs t—/,,�X By: (Witne s' Signature) Name: A G, o 4, _ Its: Print Name BMO Harris Bank N.A. executes this instrument not personally,but solely in its capacity as Co-Trustee as aforesaid and is not liable in its individual capacity in any wa. ,whatscever,by reason:of its execution of this instrument. Any recourse under this instrument is on,!y to be held against the aforesaid A ^J 1 Trust Estate and any assets thereof. omh- ,//(Witness' Signature) .r rint Name ( I ul Cl Q I C( V'1 la STAT. OF COUNTY OF (, c. o The foregoing instrument was acknowledged before me this day of�� , 20/—�, by BMO Harris Bank N.A., a _ �vf` �El ' , as Co-Trustee of the P ' cilla W. Riggs Trust, dated December 16, 1991, for the benefit of John Riggs. Such person (check one) �s personally known to me or ❑ has produced a valid driver's license as identification. Notar ub ic, State and County Aforesaid OFFICIAL SEAL Printed Name: LOUISE TRAIL LOUISE TRAIL FNotma,my,Public-State of Illinois My commission expires:ssion Expires Aug 3, 2016 (Notary Seal) (Signatures continue on the following page.) Easement- ' Signed, sealed and delivered in the presence of: BMO HARRIS BANK N.A., as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of Dorothy Riggs f By: (Witness' Signature) Name: <5 e 6 . 4 . .� -Tom / Its: �CE !�� Print Name tom (�rd ie _ BMO Harris Bank N.A.executes this instrument not personally,but solely in its capacity as Co-Trustee as aforesaid and is not liabie in its i!:dividual capacity in any way,whatsoever,by reason of its execution of this instrument. Any recourse under this instrument is only to be held against the aforesaid ;I Trust Estate and any assets thereof. ( itness' Signature) int Name C )u n IG STATE OF 0 /S COUNTY OF The foregoing instrument was acknowledged before me thisc W Z�'da y ofz:�:j 20A , by BMO Harris Bank N.A., a _ M pgg0 9N T as Co-Trustee of the Pri c lla W. Riggs Trust, dated December 16, 1991, for the benefit of Dorothy Riggs. Such person (check one) O is personally known to me or ❑ has produced a valid driver's license as identi ation. =is L Notary Public, State and County Aforesaid L Printed Name: t Crt-nc c Tin tt of Illinois M commission ex Tres:Aug 3,2016 y p (Notary Seal) (Signatures continue on the following page.) 2 Easement- Signed, sealed and delivered in the presence of: BMO HARRIS BANK N.A.,as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of William Riggs Y• B (/. � (Witness' Signature) Name: —F off Its: Print Nam — e /off Ce.Td(t)er BMO Harris Bank N.A.executes this instrument not personally,but solely in its capacity as Co-Trustee as aforesaid and is not liable in its individual capaci v in any ,vay,whatsoever,by reason of its execution of this instrument. .=err:recourse odder Cis instrument is only to be held against the aforesaid Trust Estate and any assets thereof. �( tness' Signature) rint Name ( ) UCj I U 1 V I STATE OF COUNTY OF Co OZ:� The foregoing instrument was acknowledged before me this �/ day of , 20�. by BMO Harris Bank N.A., a e81DEN$ , as Co-Trustee of the Pri c'lla W. Rig s Trust, dated December 16, 1991, for the benefit of William Riggs. Such person (check ones personally known to me or El has produced a valid driver's license as ident' cation. [70FFICIAL SEAL / SE TRAIL -State of Illinois Notary ublic, State and County Aforesaid Expires Aug 3, 2016 Printed Name: 1 t 1'St TRAII My commission expires: (Notary Seal) APPROVED City Public Works Director Dated or City Engineer APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION Ce.Attorky 66ated Easement -I'a Exhibit A MCLAUGHLIN ENGINEERING COMPANY LB#285 ENGINEERING * SURVEYING * PLATTING * LAND PLANNING 400 N.E. 3rd AVENUE FORT LAUDERDALE, FLORIDA 33301 PHONE (954) 763-7611 *FAX (954) 763-7615 SCALE 1" = 60' SKETCH AND DESCRIPTION 72th Street WA TER LINE EASEMENT Normandy Drive (934) PUBLIX COLLINS Legal Description At/antic Drive(69th Street) Q A portion of Lots 13 and 22, Block 6, AMENDED PLAT OF SECOND OCEAN FRONT SUBDIVISION, according to the plot thereof, as a y recorded in Plat Book 28, Page 28, of the public records of Miami—Dade County, Florida, more fully described as follows: o Commencing at the Southeast corner of said Lot 13,- thence North a 00'00'00"East, on the East line of said lot 13, a distance of 14.89 \ _ feet to the Point of Beginning; thence continuing North 0000 100" East, on said East line, c distance of 15.33 feet; thence North 7808'48" West, a distance of 8704 feet; thence South 472749° THIS West, a distance of 19.09 feet; thence North 8830"06" West, a SKETCH distance of 158.79 feet; thence South 0226"04" West, on the West line of said Lot 22, c distance of 15.00 feet, thence South SITE LA YOU 8830'061"East, a distance of 30.00 feet; thence South 012954" NOT TO SCALE West, a distance of 5.00 feet; thence South 8830'06"East, a distance of 88.08 feet; thence South 012954° West, a distance of 12.58 feet; thence South 8830'06"East, on the South line of said Lots 22 and 13, o distance of 20.00 feet; thence North 012954 East, a distance of 12.58 feet; thence South 8830"06"East, a distance of 29.04 feet; thence North 472749°East, a distance of 16.97 feet; thence South 7808 48"East, a distance of 16.86 feet; thence North 1151'12"East, a distance of 5.00 feet; thence South 78'08"48° East, a distance of 6305 feet to the Point of Beginning. Said lands situate, lying and being in the City of Miami Beach, Miomi—Dade County, Florida, and containing 5084 square feet or 0.1167 acres more or less. STEAM LS ONLY_ _ Q � BUILDI G UNDER �� � CONSTRUCT ,ON 7116112 N LOT 21 B L 0 IIC Kt 6 LOT 74 Q o Q En o WA TER LINE EASEMENT W (5,084 S0. F.T)_ N 0i _ _ _ o j LOT 22 y LOT 73 N7gD84B W d, 158.79' N8830'06"W ti 84 h o Q V b o h o 58830'06'£ Z Z N 88.08" N I 29.04' Z S8830'06 E v Q 25.0' a4 3 SOUTH LINE, �W W N W 30.0" O Z pQO�LOTS 22 & 13 POINT OF m o w o COMMENCEMENT LOT 23 I� = r 12 Q. I SE CORNER, LOT 13 CERTIFICA TION Certified Correct. Dated at Fort Lauderdale, Florida this NOTES 21st day of August, 2012. 1) This sketch reflects all easements and rights- f-0y,, os shown on above referenced record plat(s). The subject property was not abstracted for other easements road reservations or rights-of-way of record by McLoughlin Engineering Company. MCLAUGHLIN ENGINEERING COMPANY' 2)Legal description prepared by McLoughlin Engineering Co. 1 J) This drawing is not valid unless sealed with on embossed /f surveyors seal 4) THIS IS NOT A BOUNDARY SURVEY. 5)Bearings shown assume the fast line of said Block 6, CARL E. ALBREKTSEN os North 00'100'00"East. Registered Land Surveyor No. 4185 State of Florida. FIELD BOOK NO. DRAWN BY.• ✓MMjr JOB ORDER NO. U-6911 CHECKED BY. CA C:1 JMMjr120121U691I(WA TER) /Dj��G/i REF. FILE-11-J-059 Ale Attachment— B MCL4UGHLIN ENGINEERING COMPANY LBf285 ENGINEERING•SURVEWNC e PLAI7/NC e LAND PLANNING 400 N.E. Jrd A4FVUE FORT LAUDERDALE, f2L49/OA 33JO1 PNON£(954)76J-7671 •FAX.(954) 763-7675 SCALE 1' = 60• a SKETCH AND DESCRIPTION 721h s„„.r WATER LINE EASEMENT PUBLIX COLLINS sg LegalLlsserlpdtr7 All-lie Dd-(691h 54-1) i A portion of to Is 13 and Z2, Block 6,.AMENDED PL.aT Of”SECLWD OCEAN FRONT SUB01�15k.W, according to the plat thereof, os rnconded h Plot Doak 28, Page 2B, of the public rcrorde of ` M!°m7-Dodo County, f7orldo, ma-s fully described as/d/ows.• Commencing of the Southeast crorrrer of said Lot 73:• (hence North S 0 DODO'00•Eosf, an the£art lino of sold lot 13, o dlsfonce of 14,89 u feet to the Po1n1 of Beginning, thence cont.inuM9 North 00710'00° East, on said C-t line, o disloncn of 15.JJ feel; thence North 787)848' West o distance of 8704 feet, thence South 4777.49' -715' West, o d/stcnce of 19.09 feet; thence North 881006'West a SKETCH dlstanco of 158.79 foot,- thence South 0176'04` W;et on the Wesf line Of sold Lot 22, o dlslance of 15.00 feat; thence South S1 7F L LA YOU,T 88:30'06`East, a dielande of 30.00 feet; thence South 017954• NOT TO SCALE West, o distance of 5.00 feef; thence South 88:70.06"East, o distance of 68.06 foe(; thence South 017954'Wast a dlrtonce of 1258 feet; thonee South 88;7006'East on the South line of said Lots 72,and I3, o distance of 20.00 feel; thence North 017954' East o distance of 12.58 feet; thanco South 883006'Eosf, o d1stcvice of 29.04 /owl,' thence NarIb 4777'49'East, o dirlonce'al 16.91 fact,• thence South 78106'48'East, o d/slant&of 16.88 tool; thence North 1137'12'Eort o dl,7lonco of.Soo feet• thence South 78108'48'Eosf, o distance of 6.105 feel to the Point of Beginning. Sofd fonds sltuote, lying and being In the Clty of Miami Beach, Miornf-Dada County f7oddo, and coatalnlny 5064 square foot or O 1157 acres more or less. t- 1 SPEMA OND r ! BUMMG UNDER COMYRIJC ON 7116112 210 I �Q N LOT 21 BLOCK,'; 6 Lor ra o o WATER UNr'EASEMENT I pg it (5.084 SO F,T)_ N p; LOT 22 LOT 1J N787�9• r`�gQQ y I �MM 15&79' Ne8:10'05-w O ad 08' SBa tL 2S 0' }�+ ,3 SOU 7,Y LINE, �u J'r 30.o' J Z $• hLO1S 22& 13 �, A �� r o Gogh8� Km� �$h�$ �8 V POl/vrOF LOT 2J 1 i � ti £ 8 COMMENCEMENT 8i I LOT 12 °1 Z SE CORNER, LOT 13 CER77RCA 7701V Certified Correct. Doted of Fort Lauderdale, Florida this N0 1,7th day of August, 2012. r)fiu.r.rm r.n.rl..r w.ee,a o.d de•,r.-d-..y e N.an M oee:�n/Hord/erred pblfal n--41-t pnyury Hal a6elrm(N W eNar ae.an.n f.reee lw,v,6'ena er ircnrroF yorr mloyMtapv. mprv.inpcWnpmy MCLAUCNL/N ENGINEERING CGWPANY Cae.l,Y--O,U-r"..d by Add-gWJr Cnph.ahp Cu _7J rlh W.+n9 N rd dN Wa..sdW 10 m—6m..d 4)nay/s Nor A VOVNQARY MRWr 5)8-hp,M.Z. -v.C-1 A. e-w moor S. CAfzL E. ALgREJf7SEN e./r.lrn aonbao'Lear' Registered Land Surveyor Na 4185 State or f7erldo. REL.D BOOK N0. DRAWN BY` "y'Nf 100 ORDER N0. U-6911 CHECKED BY` GA C k.AVAti 10121U6911(W4 7ER) Rfr. f7LE.•11-J-039 tac ment— C _ This instrument prepared by and return to: Heather Rae Trkovsky,Esq. Publix Super Markets, Inc. P.O. Box 407 Lakeland, Florida 33802-0407 GRANT OF PERPETUAL PEDESTRIAN ACCESS EASEMENT AND MAINTENANCE AGREEMENT THIS GRANT OF PERPETUAL PEDESTRIAN ACCESS EASEMENT AND MAINTENANCE AGREEMENT (the "Easement") is made this day of , 2013, by and between COLLINS AVENUE, LLC, a Florida limited liability company; JOHN RIGGS and BMO HARRIS BANK N.A., as Co-Trustees 'of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of John Riggs; DOROTHY RIGGS and BMO HARRIS BANK N.A., as Co-Trustees of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of Dorothy Riggs; and WILLIAM RIGGS and BMO HARRIS BANK N.A., as Co-Trustees of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of William Riggs (collectively, "Grantor"); and THE CITY OF MIAMI BEACH, a Florida municipal corporation (the "City" or"Grantee"). RECITALS: WHEREAS, Grantor is the fee simple owner of certain real property located in the County of Miami Dade County, Florida; and WHEREAS, Grantor has agreed to grant to the City a non-exclusive, pedestrian access easement (the "Easement Area") over, and across, a portion of Grantor's property as such portion is more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein, and shown as the hash marked area on Exhibit "B" attached hereto and by this reference incorporated herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the City and Grantor agree as follows: 1. Recitals. The parties acknowledge. that the foregoing recitals are true and correct and hereby incorporated into this Easement as if fully set forth herein. 2. Pedestrian Access Easement. Grantor does hereby grant and convey to the City and its successors and assigns, a perpetual, non-exclusive, above-ground easement in, over, upon and across the Easement Area for the sole purpose of public pedestrian access over the Easement Area. The Easement Area shall not create exclusive rights to use the Easement Area, and the undersigned reserves all other rights not inconsistent with this Easement. 3. Public Access. Grantor expressly acknowledges and agrees that the general public shall have the right to use the Easement Area for pedestrian access only and for no other purpose. Notwithstanding the foregoing, this Easement shall not be a dedication of the Easement Area to the public. Page 1 4. Maintenance of Easement Areas. Grantor shall construct and maintain in good repair the sidewalk improvements within the Easement Area at its sole cost and expense. 5. Indemnification. By acceptance of this instrument, and to the extent permitted by and subject to the limitations of Section 768.28, Florida Statutes, the Grantee shall indemnify and hold harmless the Grantor from all and against all suits, claims, judgments, and all loss, damage, costs or charges including attorney's fees and court costs arising from Grantee's use of the sidewalk improvements within the Easement Area as a public right of way, subject to the Grantor's satisfying its obligation to properly construct and maintain in good repair the sidewalk improvements in the Easement Area, and except to the extent solely caused by the lack of maintenance, negligence, or willful misconduct of the Grantor, and/or its agents, officials, or employees.. 6. Covenants Running with the Land. It is intended that the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the Easement Area, and shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors, assigns, heirs and personal representatives. 7. Attorney's Fees. In the event a party institutes any legal action or proceedings for the enforcement of any right or obligation herein contained. the prevailing party shall be entitled to recover its cost and reasonable attorney's fees incurred in the preparation and prosecution of such action or proceeding. The City acknowledges, following formal acceptance of this Easement by the Miami Beach City Commission, its liability for torts arising from its own acts or omissions to the extent provided and allowed under Section 768.28, Florida Statutes. 8. Severability. Each provision of this Easement and the application thereof to the Easement Area are hereby declared to be independent of and severable from the remainder of this Easement. If any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Easement. In the event the validity or enforceability of any provision in this Easement is held to be dependent upon the existence of a specific legal description, the parties agree to promptly cause such legal description to be prepared. 9. Revocation, Amendment or Termination. This Easement is an irrevocable grant of pedestrian access which may be amended, modified or terminated only by the written consent of the then owner(s) of the Easement Area and the City of Miami Beach, Florida or its designee. 10. Governing Laws. The laws of the State of Florida shall govern the interpretation, validity, performance and enforcement of this Declaration. Venue for any action brought hereunder shall be proper exclusively in Miami-Dade County, Florida. 11. Successors and Assigns. The covenants, conditions and agreements contained in this Easement will inure to the benefit of and be binding upon the successors and assigns of Grantor and the City, including but not limited to any condominium association which may be successor or assignee of Grantor. 12. Waiver. No express or implied consent or waiver by a party to or of any breach or default by the other party in the performance by such other party of its obligations under this Easement will be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other obligations of such other party hereunder. Failure by a party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of how long such failure continues will not constitute a waiver by such party of its rights hereunder. The giving of consent by a party in any one instance will not limit or waive the necessity to obtain such party's consent in any future instance. Page 2 13. Authority to Execute. Grantor warrants and represents to the City that the individual(s) signing this Easement on behalf of Grantor have full power and authority to execute and deliver the Easement and to bind Grantor. IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day first written above. Signed and sealed in the presence of: COLLINS AVENUE, LLC, a Florida limited liability company �i. By: Print Name: G Name: W. Andrew White Its: President • Address: c/o W. Andrew White Print Name: The Northern Trust Company Two Witness,-s as to CoIVtv,S kveo tie , u 755 Beachland Boulevard Vero Beach, FL 32963 STATE OF COUNTY OF SJD %A,.41 1VEQ. The foregoing instrument was acknowledged before me this 2-1 day of F"• , 20 ( 3, by W. Andrew White, the President of Collins Avenue, LLC, a Florida limited liability company. Such person (check one) is personally known to me or has produced a valid driver's license as identification. Notary Public, State and Coun Aforesaid Printed Name: Ak&r�aw•Le: ,Ks My commission expires: (Notary Seal) MARIANNE HUDGINS Notary Public -State of Florida •o; My Comm.Expires Jul 14, 2015 Commission#EE 112467 (Signatures continue on the follo p Page 3 Signed, sealed and delivered in the presence of: JOHN Rl Co-Trustee of the Priscilla (Witness' Signatur ) W. Riggs , r , dated December 16, 1991, for Print Name f �A N o V,,s the benefit of John Riggs `J Address: John Riggs c/o BMO Private Bank 777 South Flagler Drive, Suite 140E (Wit Ii ess' Signature West Palm Beach, Florida 33401 ATTN: Eileen Minnick Print Name 6�A STATE OF COUNTY OF L_Qc.xOt . The foregoing instrument was acknowledged before me this� day of 20_L6, by John Riggs, as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 19 , for the benefit of J`obn Riggs. Such person (check one) is ersonally known to me or has produced a valid FIL driver's license as identification. f a I iff-C, Notary ublic, Sta_to and Count�Qfore�sa�idlt Printed Name: c�c 1C,_ (.C+� My commission expires: Ol I aiS , Q (Notary Seal) KARLA CARROLL Notary Public•Notary Seal STATE Of MISSOURI St Louis City My Commission Expires. Jan.25,2016 {Signatures continue on the following page.) Commission;r 12296503 Page Signed, sealed and delivered in the presence of: DOROTHY RIGGS s Co-T see of the I `�Sgmk'�� (Witness' Si ature) Priscilla W. Riggs T t, dated December 16, >> � 1991, for the benefit of Dorothy Riggs Print Name �.o�ivt� �� - � ��"�a`� . Address: Dorothy Riggs c/o BMO Private Bank 777 South Flagler Drive, Suite 140E West Palm Beach, Florida 33401 (Witne tg ture) ATTN: Eileen Minnick Print Name a544 �*J STATE OFi�r' COUNTY OF The foregoing instrument was acknowledged before me this P� day of 20 (--� , by Dorothy Riggs, as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of Dorothy Riggs. Such person (check one) is personally known to me or ha ro uced a valid driver's lice�as identificati Notary Public, State and County Aforesaid Printed Name: 046-15-tWN Kira My commission expires: (Notary Seal) CHRISTIAN KIM �"`` '°�• Commission # 1926327 a '1=a E Notary Public California z z + San Luis Obispo County Vie... My Comm. Expires Feb 20,2015 (Signatures continue on the following page.} Page Signed, sealed and delivered in the presence of: it ess' Signature) WILLIAM RIGGS, as o-Trustee of the \\ Priscilla W. Riggs Trust, dated December 16, Print Name_ 1991, for the benefit of William Riggs Address: William Riggs c/o BMO Private Bank 777 South Flagler Drive, Suite 140E West Palm Beach, Florida 33401 (Witness' Signature) �� ATTN: Eileen Minnick Print Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by William Riggs, as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of William Riggs. Such person (check one) is personally known to me or has produced a valid driver's license as identification. PLEASE SEE ATTACHED fj - S Notary tia—i /q- f AL(C– Printed Name: My commission expires: 6 JL( /a ( 'q-O 13 (Notary Seal) (Signatures continue on the following page.) Page b CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 State of California County of fi On before me, k)k4,-1 Pl\SkA I luo-FAO-cl Datd Here Insert Name and-ritle of the Officer personally appeared 4 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(:9) is/aye I., subscribed to the within instrument and acknowledged to me that he/sh: # executed the same in -5) KIRAN B. MISRA his/4&9#rc* authorized capacity(i , and that by @ C4 COMM #1904245 his/hef4reir signature o- NOTARY PUBLIC a CALIFORNIA C .01 on the instrument the SAN DIEGO COUNTY M perso%g), or the entity upon behalf of which the ti Commission Expires Oct 14,2014 person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea]. Signature: Piece Notary Sea]Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. fi Description of Attached Document foc4.-,-o- A cee-i-i Title or Type of Document: a- _Occ Al---tc Document Date: Number of Pages: T7�", ' ee_t,_ Signer(s) Other Than Named Above: 1-6HAJ A, A-c 1 1?IF/ 4,V Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer Title(s): ❑ Individual ❑ Individual ❑ Partner — ❑Limited ❑General Top of thumb here E3 Partner — ❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: fi fiSigner Is Representing: Signer Is Representing: 2010 National Notary Association•NationaiNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 7 Signed, sealed and delivered in the presence of: BMO HARRIS BANK N.A., as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of John Riggs f By: G. � ' Itness' Signature) Name: • a , - Its: c -;,-e 7 Print Name M ��fd+n�( BMO Harris Bank N.A. executes this instrument not personally, but solely in its capacity as Co-Trustee as aforesaid and is not liable in its individual capacity in any way, whatsoever, by reason of its execution ' of this instrument. Any recourse under this instrument is only to be h eld against the aforesaid Trust Estate and any assets thereof. dtll,� %(Witness' Signature) Address: BMO Harris Bank N.A. Int Name c/o BMO Private Bank V l���(�� I ! IV( IC 111 West Monroe Street, 16W Chicago, IL 60603 Attn: Anthony G. Pappalardo Vice President, Trust Real Estate STATE OF ��/y8/S COUNTY OF C 00H The foregoing instrument was acknowledged before me this---;2-/ day o 20Y4_, by BMO Harris Bank N.A., a= C ;V;��-r2XLa as Co-Trus e of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of John Riggs. Such person (check one)T is personally known to me or i has produced a valid driver's license as identification. X4-2 OfFlCIAL SEAL e ry Public, State and County Aforesaid LOUISE TRAIL Notary Public State of Illinois Printed Name: i e^+iii r TRr.Ii_ My.Commission Expires Aug 3, 2016 My commission expires: — — 20 (p (Notary Seal) (Signatures continue on the following page.} Page Signed, sealed and delivered in the presence of: BMO HARRIS BANK N.A., as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of Dorothy Riggs Y (Witness' Signature) Name: Its: ict ice. Print Name Tm /'�2`jiAer BMO Harris Bank N.A. executes this instrument not personally, but solely in its capacity as Co-Trustee as aforesaid and is not liable in its ;ndividual capacity in any way, whatsoever, by reason of its execution of this instrument. Any recourse under this instrument is only to be ' I , held against the aforesaid Trust Estate and any assets thereof. tness' Signature) V Address: BMO Harris Bank N.A. nt Name ( 1 .[_��I I I �� �� Ic-r, c/o BMO Private Bank �- 111 West Monroe Street, 16W Chicago, IL 60603 Attn: Anthony G. Pappalardo Vice President, Trust Real Estate STATE OF -a/ /N0/S COUNTY OF C Uu� The foregoing instrument was acknowledged before me thisz�day of4O-Lu-tA 201a, by BMO Harris Bank N.A., a lw—q nPr ctni: �n- , as Co-Trus of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of Dorothy Riggs. Such person (check one) 1 is personally known to me or i has produced a valid driver's license as identification. LOUISEL SEAL Nota Public, State and Count Aforesaid LOUISE TRAIL ry y Notary Public-State of Illinois Printed Name: LOUIS.E TRAIL My Commission Expires Aug 3, 2016 My commission expires: (Notary Seal) {Signatures continue on the following page.) Page/. .Signed, sealed and delivered in the presence of: BMO HARRIS BANK N.A., as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of William Riggs By: z (Witness' S gnature) Name: /` _ Its: /G& ��Fi -,7` Print Name �o/n BMO Harris Bank N.A. executes this instrument not personally, but solely in its capacity as Co-Trustee as aforesaid and is not liable in its r individual capacity in any way, whatsoever, by reason of its execution n of this instrument. Any recourse under this instrument is only to be yy� held against the aforesaid Trust Estate and any assets thereof. n,,ItnAss Signature) Address: BMO Harris Bank N.A. Priname i1 �, � c/o BMO Private Bank 111 West Monroe Street, 16W Chicago, IL 60603 Attn: Anthony G. Pappalardo Vice President, Trust Real Estate STATE OF QUO 4-5 COUNTY OF CDo& The foregoing instrument was acknowledged before me this/day of 20 /-i-, by BMO Harris Bank N.A., a q0M tT , as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of William Riggs. Such person (check one) 1 is personally known to me or i has produced a valid driver's license as identifi OFFICIAL SEAL / iL - LOUISE TRAIL FMy Notary Public- State of Illinois Novi Public, State and County Aforesaid Commission Expires Aug 3, 2016 Printed Name: LOUISE TRAIL My commission expires: 3 -ao/Co (Notary Seal) APPROVED City Public Works Director Dated or City Engineer APPROVED AS TO FORM AND LANGUAGE AND F R EXECUTION C' Att ey ated Page�� 1 Exhibit A McLAUGHLIN ENGINEERING COMPANY L8#285 ENGINEERING * SURVEYING * PLATT/NG * LAND PLANNING 400 N.E. 3rd AVENUE FORT LAUDERDALE, FLORIDA 33301 PHONE (954) 76J-7611 * FAX (954) 763-7615 SKETCH AND DESCRIP TION SIDEWALK EASEMENT PUBLIX COLLINS SHEET 2 OF 2 SHEETS A portion of Lots 1 and 12, Block 'C" CORRECTED PLAT OF ATLANTIC HEIGHTS, according to the plat thereof, as recorded in Plat Book 9, Page 14, of the public records of Miami—Dade County, Florida, more fully described as follows: Beginning (1) at the most North, Northwest corner of said Lot 1; thence North 89'13'10" East, on the North line of said Lots 1 and 12, a distance of 110.99 feet to a Reference Point 'A" and to a point of cusp; thence Westerly on a curve to the left, whose radius point J& porpendiculor to the last mentioned course, with a radius of 10.00 feet,, a central arc/­ of an arc distance of 4.52 feet to a point of tangency- thence South 632033" West, a distance of 8.45 feet to a point of curve; thence Westerly on said curve to the right, with a radius of 10.00 feet, a central angle of 255332'; on arc distance of 4.52 feet to a point of tangency- thence South 89'14'06" West, a distance of 108.60 feet to a point on a curve; thence Northeasterly on said curve to the right, whose radius point bears South 445952" East, with a radius of 20.00 feet, a central angle of 44°13'02'; on arc distance of 15.43 feet to the Point of Beginning (1). i TOGETHER WITH: Commencing (1) at the aforementioned Reference Point 'A'; thence North 8973'10" East, on the North line of said Lot 12, a distance of 52.25 feet to the Point of Beginning (2); thence continuing North 8973'10" East, on the said North lire, a distance of 46.75 feet to a point of curve; thence Easterly on .said Curve to the right, with a radius of 20.00 feet, a central angle of 442422", on arc distance of 1550 feet; thence South 892027" West, a distance of 45.00 feet to a point of curve, thence Northwesterly on said curve to the right, with a radius of 15.00 feet, a central angle of 390237 on arc distance of 10.22 feet to a point of reverse curve; thence Westerly on said curve to the left, with a radius of 10.00 feet, a central angle of J9109'54", on arc distance of 6.84 to the Point of Beginning (2). All of said lands situate, lying and being in the City of Miami Beach, Miami—Dade County, Florida, and containing 915 square feet or 0.0210 acres more or less. CERTYICA TION Certified Correct. Dated at Fort Lauderdale, Florida this 14th day of December, 2012. NOTES: Revised this 15th day of May, 2013. 1) This sketch reflects all easements and rights-of-way, as shown on above referenced record plot(s). The subject property MCLAUGH SERI COMPANY was not abstracted for other easements rood reservations or rights-o(-way of record by McLaughlin Engineering Company. 2) Legal description prepared by McLoughlin Engineering Co. 3) This drawing is not valid unless sealed with an embossed surveyors seol. JERALD cLAUGHL/N 4) THIS ear IS g NOT w BOUNDARY SURVEY. <19istered Land Surve or No. 5269 5) Bearings shown assume the East line of said Block 6, y as North 0000'00"East. Stote of Florida. FIELD BOOK NO DRAWN BY.• JMMjr JOB ORDER N0, U-6911 CHECKED BY- CA C.• �JMMjr/2012/U6911(SIDEWALK) REF. FILE.•11-3-059 Exhibit B C McLAUGHLIN ENGINEERING COMPANY LB,,f285 ENGINEERING * SURVEYING * PLATTING * LAND PLANNING 400 N.E. 3rd AVENUE FORT LAUDERDALE, FLORIDA 33301 PHONE (954) 763-7611 * FAX (954) 763-7615 SCALE 1" = 60' SKETCH AND DESCRIPTION SIDEWALK EASEMENT 77th Street PUBLIX COLLINS Normandy Drive (934) SHEET 1 OF 2 SHEETS 12 N Atlantic Drive (69th Street) Q LEGAL DESCRIPTION: � A portion of Lots 1 and 12, Block "C'; CORRECTED PLAT OF ATLANTIC HEIGHTS, according to the plot thereof, as Q Q c recorded in Plat Book 9, Page 14, of the public records of 'a i Miami—Dade County, Florida, more fully described on Sheet `� o � z of _ .:�,,.,eets. THIS SKETCH SITE LA POUT A TLAN TIC DRIVE (69 TH S TREE T) NOT TO SCALE a=39 09 54" — , =10.00 i. REF. PT. ''A 442422 " R A=6.84' 1"� " fAl 3'02"h NORTH LINE P.0.C.(1) N8973'f 0't+ "' R 20.00' LOTS 1 & r2 N8973'10" 46.76' A 15.50' 0' 52.25" 3',� N8973'10 E__ 11 D.9. ", 45.00'108.60'58974'06"W A--255c:J7" 30.0'Di [S8 9:20'2 7"W ----- R=10.00'N N --- d=25 53'32" "� :W t� Z o R=10.00' N A=4.52' = R=15.DO' WA=4.52'-- --- ? A=f0.22' I I m z k SIDEWALK EASEMENT m I LAJ o o (916 SQU RE FEET) LOT 11 LOT 2 BLOC C o 0 LOT lO CJ I CER TIRCA TION LOT 3 Certified Correct. Dated at LEGEND: Fort Lauderdale, Florida this P.O.C.=POINT OF COMMENCEMENT P REF. T.=REFERENCE POINT 14th da y of December, 2012. No TES Revised this 15th day of May, 2013. 1) This sketch reflects all easements and rights—of—woy, as shown on above referenced record plat(s). The subject property ZcL HL IN GINEER G COMPANY was not abstracted for other easements rood reservations or rights—of—way of record by UcLoughlin Engineering Company. 2) Legal description prepared by McLoughlin Engineering Co. J) This drawing is not valid unless sealed with on embossed surveyors seol. JERALD CLAUGHLIN 4) 7H/S IS NOT A BOUNDARY SURVEY. 5) Bearings shown assume the East line of said Block 6, Registered Lond Surveyor No. 5269 as North 000000°East. State of Florida. FIELD BOOK NO. DRA WN B Y. J1v1Mjr JOB ORDER No. U-6911 CHECKED BY.• CA C: `JMM)r/2012/U6911(SIDEWALK) REF. FILE:11-3-059 1 Attachment— D McLAUGHLIN ENGINEERING COMPANY LB#285 ENGINEERING * SURVEYING * PLATTING * LAND PLANNING 400 N.E. 3rd AVENUE FORT LAUDERDALE, FLORIDA 33301 PHONE (954) 763-7611 * FAX (954) 763-7615 SCALE 1" = 60' w SKETCH AND DESCRIPTION SIDEWALK EASEMENT 72th Street PUBLIX COLLINS Normandy Drive (934) SHEET 1 OF 2 SHEETS Q Atlantic Drive (69th Street) Q LEGAL DESCRIPTION: � A portion of Lots 1 and 12, Block "C'; CORRECTED PLAT x ��, OF ATLANTIC HEIGHTS, according to the plat thereof, o.5 Q Q c recorded in Plat Book 9, Page 14, of the public records of ° i o Miami—Dade County, Florida, more fully described on Sheet Q0 �� o 2 of 2 Sheets. i THIS SKETCH SITE LA YOUT A TLANTIC DRI VE (69 TH STREET) NOT TO SCALE d=39*09'54" REF. PT. ':4" —=1 4 i� n 442422" 4473'02""?i NORTH LINE P.0.C.(1) N8973'f0" "� R 20.00' R 20.00' con 1 & 12 NB9731� 46.76' A 15.50' A 15.43',� N8973'10 E 110.99' 52.25' 45.DO' - � 108.60'5897406"W 3 a=253237' S89 20'27"W 3_0.0_'_ j 25.Oi _ d.--2,55J o" R=10.00 N d=39 0213 7 A=4.52' 2 R=15.00' R=10. � 'o A=4. °D A=10.22 I , Q WU6 p C9 I m W SIDEWALK ASEMENT o I o o (916 SQU RE FEET) LOT 11 �, Z�V LOT 2 BLOC Q LOT 10 V CERTIFICA TION L 3 Certified Correct. Dated at LEG END:F. Fort Lauderdale, Florida this P.O.C.=POINT COMMENCEMENT 14th da of December, 2012. RE PT.=REFER ENCE POINT y NOTES Revised this 15th day of May, 2013. 1) This sketch reflects ol/ easements and rights—of—woy, as shown on above referenced record plot(s). The subject property MCL HLIN GINEER G COMPANY was not abstracted for other easements rood reservations or rights—of—way of record by McLoughlin Engineering Company. 2) Legal description prepared by McLoughlin Engineering Co. 3) This drawing is not valid unless sealed with on embossed surveyors seal. JERALD CLAUGHLIN 4) THIS IS NOT A BOUNDARY SURVEY. Registered Lond Surveyor No. 5269 5) Bearings shown assume the East Tine of said Block 6, as North 000000"East. State of Florida. FIELD BOOK NO. ' DRAWN BY' JMMjr JOB ORDER NO. U-6911 CHECKED BY.• CA C.• �JMMjr/2012/U6911(SIDEWALK) REF. FILE.•11-3-059 McLAUGHLIN ENGINEERING COMPANY L8#285 ENGINEERING * SURVEYING * PLATTING * LAND PLANNING 400 N.E. 3rd AVENUE FORT LAUDERDALE, FLORIDA 33301 PHONE (954) 763-7611 * FAX (954) 763-7615 SKETCH AND DESCRIPTION SIDEWALK EASEMENT PUBLIX COLLINS SHEET 2 OF 2 SHEETS A portion of Lots 1 and 12, Block 'C'; CORRECTED PLAT OF ATLANTIC HEIGHTS, according to the plat thereof, as recorded in Plat Book 9, Page 14, of the public records of Miami—Dade County, Florida, more fully described as fo/lows: Beginning (1) at the most North, Northwest corner of said Lot I; thence North 89'13'10" East,, on the North line of said Lots 1 and 12, c distance of 110.99 feet to a Reference Point 'A" and to a point of cusp; thence Westerly on a curve to the left, whose radius point is perpendicular to the lost mentioned course, with a radius of 10.00 feet, a central angle of 255237'; an arc distance of 4.52 fe_-i to a poin" of tangency,- thence South 632033" West, a distance of 8.45 feet to o point of curve; thence Westerly on said curve to the right, with a radius of 10.00 feet, a central angle of 255332'; on arc distance of 4.52 feet to a point of tangency, thence South 89'14'06" West, a distance of 108.60 feet to a point on a curve; thence Northeasterly on said curve to the right, whose radius point bears South 445952" East, with o radius of 20.00 feet, a central angle of 447302; an arc distance of 15.43 feet to the Point of Beginning (1). i TOGETHER WITH: Commencing (1) at the aforementioned Reference Point 'A"; thence North 89'13'10" East, on the North line of said Lot 12, a distance of 52.25 feet to the Point of Beginning (2); thence continuing North 89'13'10" East, on the sold North line, a distance of 46.76 feet to a point of curve; thence Easterly on said curve to the right, with a radius of 20.00 feet, a central angle of 442422'; on arc distance of 1550 feet; thence South 892027" West, a distance of 45.00 feet to a point of curve; thence Northwesterly on said curve to the right, with a radius of 15.00 feet, a central angle of 390237", on arc distance of 10.22 feet to a point of reverse curve; thence Westerly on said curve to the left, with a radius of 10.00 feet, a central angle of J9109'54", an arc distance of 6.84 to the Point of Beginning (2). All of said lands situate, lying and being in the City of Miami Leach, Miami—Dade County, Florida, and containing 916 square feet or 0.0210 acres more or less. CERTIFICA TION Certified Correct. Dated at Fort Lauderdale, Florida this 14th day of December, 2012. No TES: Revised this 15th day of Moy, 2013. 1) This sketch reflects all easements and rights-of-woy, as shown on above referenced record plot(s). The subject property MCLAUGH SERI COMPANY was not abstracted for other easements rood reservations or rights-of-way of record by McLoughlin Engineering Company. 2) Legal description prepared by McLoughlin Engineering Co. .3) This drawing is not valid unless sealed with on embossed surveyors sea/. JERALD cLAUGHLIN 5) eo /g NOT w BOUNDARY SURVEY. Re istered Land Surveyor No. 5269 5) Bearings shown assume the East line of said Block 6, g y as North 0000100"East. State of Florida. FIELD BOOK NO. DRAWN BY.• JMMjr JOB ORDER NO. U-6911 CHECKED BY.• CA C.• �JMMjr/2012/U6911(SIDEWALK) REF. FILE.-11—J-059