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2015-28983 Reso
RESOLUTION NO., 2015-28983 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TERMINATION AND ABANDONMENT OF EASEMENT BETWEEN 6480 ALLEM WAD, LLC AS THE OWNER ("OWNER") OF THE PROPERTY LOCATED AT 6480 ALLISON ROAD, MIAMI BEACH, AND THE CITY, AND FURTHER ACCEPTING A NEW GRANT OF EASEMENT FROM OWNER ON THE AFORESTATED PROPERTY, FOR THE INSTALLATION, MAINTENANCE, CONSTRUCTION AND REPAIR OF CITY DRAINAGE OUTFALL PIPES AND APPURTENANCES; SAID TERMINATION AND GRANT OF EASEMENT, RESPECTIVELY, SUBJECT TO THE FOLLOWING CONDITIONS: ALL COSTS FOR ENGINEERING AND CONSTRUCTION WORK FOR THE RELOCATION OF THE EXISTING OUTFALL PIPE TO THE NEW PROPOSED EASEMENT TO BE PAID FOR BY OWNER; AND THAT CONSTRUCTION OF THE NEW PIPE BE IN ACCORDANCE WITH CITY AND OTHER APPLICABLE CODES AND SPECIFICATIONS. WHEREAS, 6480 Allison Road, LLC ("Owner"), is the owner of real property located at 6480 Allison Road, Miami Beach, Florida, legally described by metes and bounds recorded in the Official Record Book 1811, at page 417, of the Public Records of Miami-Dade County, Florida (the Property); and WHEREAS, the City's existing drainage outfall easement (the City Easement) is located within an area on the Property that the Owner would like to build a new home on; and WHEREAS, the Owner has requested that City's Easement be relocated to within four feet of the north Property line; and WHEREAS, the City is amenable to obtaining a grant of a new drainage easement (the New Easement) (in a location on the Property that would not interfere with the construction), which easement would provide for the construction, installation, maintenance, repair and replacement of City drainage outfall pipes; and, WHEREAS, if the New Easement is accepted, the Owner, at its sole cost and expense shall install and connect a new drainage pipe within the easement area and the City shall abandon the old pipe located within the original easement area. WHEREAS, the City and Owner have negotiated a new Grant of Easement, attached as Exhibit "A" hereto, providing for a five (5) foot easement to be located approximately four feet from the north property line and approximately eight feet away from the easement to be vacated, (vacation attached as Exhibit "B"); which new easement will be north of the proposed building; WHEREAS, accordingly, the Administration would recommend that the Mayor and City Commission authorize the Mayor and City Clerk to execute the attached Termination and Abandonment of Easement, attached as Exhibit "B" hereto, and accept 'the new Grant of Easement, as set forth in Exhibit "A"; all subject to the conditions set forth in this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve and authorize the Mayor to execute a termination and abandonment of easement between 6480 Allison Road, LLC, as the owner of the property ("Owner") located at 6480 Allison Road, Miami Beach, and the City, and further accepting a new grant of easement from Owner on the aforestated property, for the installation, maintenance, construction and repair of City drainage outfall pipes and appurtenances; said termination and grant of easement, respectively, subject to the following conditions: all costs for engineering and construction work for the relocation of the existing outfall pipe to the new proposed easement to be paid for by Owner; and that construction of the new pipe be in accordance with City and other applicable codes and specifications. r PASSED and ADOPTED this /5 day of Aft/f , 20 Philip Levi re,. -�=yor ATTEST: Raf-. l E. Gran.-do, FORM C APPR&jANGUAGE • & lle &FOP EXECUTION 4 fr (5 Dote 0 Thç City Attome � D 0 0 P ORA TEp;� � 141,0 26TM \ F:WTTO\BOUE\RESOS\Release of easement area&accept new easement area resolution[6480 Allison Rd LLC].doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The CityOfMiami Beach,Florida,Approving And Authorizing The Mayor And City Clerk To Execute A Termination And Abandonment Of Easement Between 6480 Allison Road, LLC,As the Owner("Owner")Of The Property Located At 6480 Allison Road,Miami Beach,And The City,And Further Accepting A New Grant Of Easement From Owner On TheAforestated Property, For The Installation,Maintenance, Construction And Repair Of City Drainage Outfall Pipes And Appurtenances; Said Termination And Grant Of Easement, Respectively, Subject To The Following Conditions All Costs For Engineering And Construction Work For The Relocation Of The Existing Outfall Pipe To The New Proposed Easement To Be Paid For By Owner; And, All New Construction Of The New Pipe Be In Accordance With City And Applicable Codes And Specifications. Key Intended Outcome Supported: Item Summary/Recommendation: 6480 Allison Road, LLC("Owner"), is the owner of real property located at 6480 Allison Road, LLC;legally described by metes and bounds recorded in the Official Record Book 1811, at page 417, of the Public Records of Miami-Dade County, Florida. The City's existing drainage outfall easement is within the area that the property owner would like to build his new home and was previously located under the owner's driveway, sidewalk and pool deck. Due to the property owner desires to build a new home on the property he has asked that the drainage easement be relocated to within four feet of the north property line. The City has not used the existing easement in some time but is amenable to obtaining a new drainage easement that would not interfere with the construction so that the City may continue its drainage use at the new easement location, which easement would provide for the construction, installation, maintenance, repair and replacement of City drainage outfall pipes. If the new easement is accepted, the property owner, at his expense shall install and connect a new drainage pipe within the easement area and the City shall abandon the old pipe located within the original easement area. The City and Owner have accordingly negotiated a new Grant of Easement, (ATTACHMENT A), providing for a five (5)foot easement to be located approximately four feet from the north property line and approximately eight feet away from the easement to be vacated, (ATTACHMENT B) and which new easement will be north of the proposed building, see sketch(ATTACHMENT C).The new easement will accommodate the relocation oftheexisting utilities easement,and for the installation, continued maintenance, construction and repair of stormwater outfall pipes, and appurtenances. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Account Approved Funds: 1 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Eric Carpenter, Public Works X6012 Sign-Offs: I1, Department Director Assistant a nager City M'! ager ETC ee. MT , ,' ► !' JLM T:\AGENDA\2015\April\PUBLIC WORKS\6480 Allisson.Sum 040. . .doc AGENDA ITEM � r MIAMIBEACH A DATE �S�� m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMIS;►ION MEMORANDUM TO: Mayor Philip Levine and Member of the City Jommison FROM: Jimmy Morales, City Manager I I i DATE: April 15, 2015 SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TERMINATION AND ABANDONMENT OF EASEMENT BETWEEN 6480 ALLISON ROAD, LLC,AS THE OWNER("OWNER") OF THE PROPERTY LOCATED AT 6480 ALLISON ROAD,MIAMI BEACH,AND THE CITY,AND FURTHER ACCEPTING A NEW GRANT OF EASEMENT FROM OWNER ON THEAFORESTATED PROPERTY, FOR THE INSTALLATION, MAINTENANCE, CONSTRUCTION AND REPAIR OF CITY DRAINAGE OUTFALL PIPES AND APPURTENANCES; SAID TERMINATION AND GRANT OF EASEMENT, RESPECTIVELY,SUBJECT TO THE FOLLOWING CONDITIONS ALL COSTS FOR ENGINEERING AND CONSTRUCTION WORK FOR THE RELOCATION OF THE EXISTING OUTFALL PIPE TO THE NEW PROPOSED EASEMENT TO BE PAID FOR BY OWNER; AND, ALL NEW CONSTRUCTION OF THE NEW PIPE BE IN ACCORDANCE WITH CITY AND APPLICABLE CODES AND SPECIFICATIONS. 6480 Allison Road, LLC ("Owner"), is the owner of real property located at 6480 Allison Road, LLC, legally described by metes and bounds recorded in the Official Record Book 1811, at page 417, of the Public Records of Miami-Dade County, Florida. The City's existing drainage outfall easement is within the area that the property owner would like to build his new home and was previously located under the owner's driveway, sidewalk and pool deck. Due to the property owner desires to build a new home on the property he has asked that the drainage easement be relocated to within four feet of the north property line. The City has not used the existing easement in some time but is amenable to obtaining a new drainage easement that would not interfere with the construction so that the City may continue its drainage use at the new easement location, which easement would provide for the construction, installation, maintenance, repair and replacement of City drainage outfall pipes. If the new easement is accepted,the property owner, at his expense shall install and connect a new drainage pipe within the easement area and the City shall abandon the old pipe located within the original easement area. The City and Owner have accordingly negotiated a new Grant of Easement, (ATTACHMENTA),providing fora five(5)foot easement to be located approximately four feet from the north property line and approximately eight feet away from the easement to be vacated, (ATTACHMENT B)and which new easement will be north of the proposed building, see sketch and legal (ATTACHMENT C). City Commission Memorandum-6480 Allison Road, easement vacation April 15, 2015 Page 2 of 2 The new easement will accommodate the relocation of the existing utilities easement, and for the installation, continued maintenance, construction and repair of s t o r m w a t e r o u t f a l l, pipes, and appurtenances Accordingly,the Administration would recommend that the Mayor and City Commission authorize the Mayor and City Clerk to execute the attached Termination and Abandonment of Easement,attached as Exhibit"B"hereto,and accept the new Grant of Easement, as set forth in Exhibit"A";all subject to the conditions set forth in this Resolution. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution. Attachments: A. New Grant of Easement B. Termination and sketch and legal description of recorded easement C. Sketch and legal JM/MT/ETC/JJF/EB T:\AGENDA\20151April\PUBLIC WORKS\6480 allison.Memo 04062015.doc This instrument was prepared by: Name: Eve A.Boutsis Address: Office of City Attorney 1700 Convention Center Drive Miami Beach,Florida 33139 (Space reserved for Clerk) Grant of Easement This Grant of Easement entered into this day of 2015, by 6480 Allison Road, LLC, with its address at: (hereinafter referred to as Grantor) and the City of Miami Beach, Florida, a Municipal Corporation with its address at 1700 Convention Center Drive, Miami Beach, FL 33139 (hereinafter referred to as Grantee) its successors and assigns. 1. Grantor is the owner, in fee simple, of the Real Property legally described as: Folio: 02-3211-003-0380 The South 20 feet of Lot 39, Lot 40 and the North 15 feet of Lot 41, of Indian Creek Subdivision, according to the Plat thereof, as recorded in Plat Book 31 at page 75 of the public records of Miami Dade County, Florida 2. In consideration of the sum of ONE and no/100 ($1.00) DOLLAR and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants and conveys to the Grantee, over, under and across the Easement Area, more fully described in Exhibit A, an exclusive Easement for the installation, maintenance, construction and repair of a storm water drainage outfall pipes, and appurtenances, the costs and expenses associated with same to be paid by Grantee. The City of Miami Beach, its employees, contractors, or representatives shall have the permanent right and license for purposes of ingress and egress to and from the Easement for the purposes enumerated herein. 3. Grantee, its successors and assigns, agree to indemnify and hold Grantor, its successors and assigns, harmless from any and all liability, loss and against all claims or actions based upon or arising out of damage or injury (including death) to person(s) or property that Grantor, its successors and assigns may suffer as a result of claims, demands, costs, or judgments against it arising from Grantee's, its successors' and assigns' installation, use and maintenance of the Easement. 4. It is intended that this Easement shall be recorded in the Public Records of Miami-Dade County, Florida, and that this Easement shall be construed and shall be enforced in accordance with the laws of the State of Florida. EXHIBIT Page 2 of 3 5. The easement herein granted shall constitute a covenant running with the parcel of Real Property described herein and shall be binding upon and shall inure to the benefit of the Grantor and the Grantee, and their respective successors and assigns. 6. The rights and benefits of the Grantee under this Easement shall be freely assignable by the Grantee, in whole or in part. 7. To the extent that the Easement granted herein is no longer required by Grantee, Grantee hereby agrees to execute and record in the Public Records of Miami-Dade County, Florida, appropriate documentation to abandon and terminate this Grant of Easement. Signed, witnessed, executed and acknowledged on this day of 2015 APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION (7;7;k_ 4(i ( i 5 City Attorn Date IN WITNESS WHEREOF, the Seller has caused these presents to be signed in its name by their proper officials. Signed, sealed and delivered in the presence of: 6480 ALLISON ROAD, LLC a Florida limited partnership Witness: By: Print Name: Print Name: Title: Witness: Print Name: • Page 3 of 3 S TATE OF FLORIDA COUNTY OF MIAMI-DADE) I HEREBY CERTIFY:that on this day, before me, an officer'duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument - _ was acknowledged before me by , as , of 6480 Allison Road, LLC, a Florida Limited Liability Corporation, who is personally known to me or who has produced a valid : - driver's license as identification WITNESS my hand'and,.official seal in the County and State last_aforesaid this day of 2015: • r ' Notary Public,-State of Florida My Commission Expires: • • • • • This instrument was prepared by: Name: Eve A. Boutsis Address: Office of City Attorney 1700 Convention Center Drive Miami Beach, Florida 33139 (Space reserved for Clerk) TERMINATION AND ABANDONMENT OF EASEMENT This termination and abandonment of Easement is entered into this day of , 2015, by 6480 Allison Road, LLC, with its address at: (hereinafter referred to as Owner) and the City of Miami Beach, Florida, a Municipal Corporation with its address at 1700 Convention Center Drive, Miami Beach, FL 33139 (hereinafter referred to as City) its successors and assigns. WHEREAS, Owner is the owner of the Real Property, commonly known as 6480 Allison Road, Miami Beach, Florida, legally described as follows to wit: Folio: 02-3211-003-0380 The South 20 feet of Lot 39, Lot 40 and the North 15 feet of Lot 41, of Indian Creek Subdivision, according to the Plat thereof, as recorded in Plat Book 31 at page 75 of the public records of Miami Dade County, Florida and WHEREAS, an Easement appears on the property as reflected in the Official Records Book 1811 at pages 417-418, of the Public Records of Miami-Dade County. Florida, the Easement being more particularly described in Exhibit A, attached and incorporated by reference herein. WHEREAS, said Easement provides the City certain storm water sewer outfall rights relating to constructing and maintaining the stormwater sewer; and WHEREAS, the City wishes to terminate all of its right, title and interest in and to the Easement. NOW, THEREFORE, in consideration of the sum of TEN AND NO ($10.00) DOLLARS and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY agrees as follows: . That the above captioned recitals are incorporated herein by this reference. EXHIBIT 1 8 a Page 2 of 2 2. That the Easement and its terms, conditions and provisions set forth in the Easement are hereby terminated, abandoned and released from the Real Property described above and shall have no further force and effect. IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witnesses: City of Miami Beach By: Print Name Philip Levine, Mayor By: Print Name STATE OF FLORIDA) COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this day of , 2015 by Philip Levine, as Mayor of the City of Miami Beach, who is personally known to me or who has produced as identification and did (did not)take an oath. Notary Public, State of Florida City of Miami Beach APPROVED AS TO FORM & LANGUAGE Rafael E. Granado, City Clerk &FOR EXECUTION•a..Q.,04,;c- City Attorney I Date •„-fjw/.f1 .. {{ww��_j•.:rr4'Ja,:oa,;- v;fit}y:��• _.__ .. ..__._..._ ._ .._.. .. .. =r,r"�r ri ;Sli7;,,,R.:;:ta^ -•,",.Y�sy.;„ '•:1 -i.l��A:`.:'c: .:: :is :.r: .:::•i_r,:Tr ,,,w.�,,}-.:I:� ��,c_ i_{:'•=-i- '��' .•;: �.''' � g•T:.r fi.r"re+.:.K- nr , .:'P,:: .G:. ,.Ta: r:r .: _ y .•r�' :!;,' ...' s i. 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PAGE 417 KNOW ALL MEI BY TfiESE PRESENTS, That we, in consideration ' 'R accruing to us by reason of convenient access and a lesser cost of the construction of sewers and the desirability q ing the things of having hereinafter specified placed in the locations 'el . noted below, and in consideration of $ioOO, receipt of which is hereby acknowledged, do hereby give and grant unto the City of > iami _Beech, .'j Florida, its successors and assigns and its grantees operating pub.. lie utilities, the perpetual right arid easement to lay and maintain • storm wagers d , underground in the following described property: Beginning at a point whioh is on the westerly A line of Water View Prude (now Allison Road and 'c three and five tenths (3.5) feet northerly of the southerly line of Lot Thirty-nine (39),Indian A. Creek Subdivision; thence westerly along a line :? Parallel with and-three and five tenths (3.5) feet distant from the said southerly line of Lot Thirty- nine (39) for a distance of two hundred fifteen and 1 five-tenths (2/5.5) feet, more or ^l,�ess, to a Point s T . on the westerly line of said Lot Thirty-nine 'rty-nine 39); i ►` `-,X79. thence northerly aI ong said westerly line Of Lot z 0soT Thirty-nine (39) a distance of five (5) feet, to :,, ,- a point; thence .easterly along a line parallel With . _ and eight and five-tenths (8.5) feet distant from `'= 10, the said southerly p ly line f Lot Thirty nine (39) for Vt .;:` a.distance of two hundred fifteen and fivetenths (215.5) ' feet, more or less, to a point on said westerly Sin© .*tit. of Water View Prado (now Allison Road); thence §outherl'y A - •--- _; along said westerly line of Water F?err Prado( now Allison '�"� Road) for a distance of five .(5) feet to the point of beginning, as said Road, Lot and Subdivision are shown .3 on a Plat recorded in Plat Book hi.+'ty'one (31) ab '; Page Seventy five (76) of the Public Records of Dade Count-, Florida„ IN WITNESS WHEREOF, we have hereunto set our bands and seals ,`� at ' • --..,0 County of c. -0J� State of r ) ' this 1/g . day of A.D.193'T, 'at . # WITNESSES; ,4 .:i ZOO,a ?t . i' Accepted in behalf of the City of M Beach, Florida, on tnts ' " 17th day of May, A.. D., 1937. ' •c '. President of City .Council J t# . -• ATTEST:.• F1 City Clerk i g , Book1811 ?ASE ti • A co P STATE OF t"---4- ? s ki COUNTY OF._ -�c °� . ) 'j • N.- I HERESY CERTIFY that on this day persore7'y appeared before me, an officer duly authorized to administer oaths and Ng I . take a aknowledgments, James D.Fulton n -and Lillian L,Fulton, to i me well known and known to me to be the individuals described t.; is the foregoing instrument and who executed the same freely and y ig voluntarily and for the purposes therein expressed. f{1 5i AND I FURTHER CERTIFY that the said Lillian•M.Fulton known . to me to be the wife of the said James D.Fulton on a separate l end private er miration taken and made by.me and before me, separately and apart from her husband, did acknowledge that she made herself F a party to the said instrument for the purpose of renouncing, relin® auisb ng and conveying all her right, title and interest; Whether of dower, homestead.or Of separate property, statutory or equitable, g in and to the lands described therein, and that she executed the same 1; Lee, freely and voluntarily and without any compulsion, constraint, apprem hension or fear of or from her said husbando ws WITNESS my hand and official seal at Y State of this j/tt day of '' `'(i u : yjy=1.::• . 304:Ita;I4 '-'%-/ 9 : 'A.p•i.,,,,- • ..m:w.i.40:„.;,..- . fin . a.,r� 'T 7r ��?�;� .. /'� �ai�sfos expires , ���� Lrc • '! State Of Florida.Count of Dade, This in,,cru ngnr was tjed for record theegday o �r,� !9:'1. ,at4Q' s6_M and dilly r co ded.in B ��/of Pi a : itg_oa Page—.. ..1.2.... aee_.�' _mile No.!l�? .0 Qt.? Ors. E.B.LEATHER Clerk E- urt B7-.4--.'".- "...gefd-'.....s_....4e...n:a ill • til ... ._ .......... 1�o � Z N D A 1 r rl m SII -1 401014114t:,,\. . . • a,fll N � �,; _\ . 8 INDIAN CREEK oD 'g - : g �rn �' _1 :E e sg 2°r .I m a��-a g z 110.00'(Meas&R) r r•'r r �?�+ r r v i K '''90 thy{ ..,7%P♦a,♦;`, ♦♦ a ♦-aaa�L l. 1 8 c n s INDIAN i COLLINS o u' _,�; I;D r y,,,. ter•�� •,� s 0 � , ,V c,�D s°uoa.°not. F g>e i I a D rn� ss SR a lir .1• ♦ m� e' Cj • H !\\` \ � O'• A 116 \ , Lam i v o 9Co -ee o-.Z.g° a° - a i' . \\. � oV �m� ' . E191, R m. " 3iPaf A'?c \ \ \ \� 3 x �I N4^g P OO WCa it i &O6V 62°"°.65 ' \ \ •. _ iuiii 8i: D z pS vy gi3O;).7;699 4QOPw ' °gee A v 2 0 U1 LL 1.o.° 1eatz0 40o rl: nv a Eino a.a s ^lL d\ `\,g, r� a 6.1g ®°1 e ai g as . o I � N� ,in, \�_ � e0 z eig� z hi! s ;.Ceb g.p ie c ! :!!; O M I A \\`ra \, ,_ ,o EVfg gSC ise t ; .._ I1 � i _ cs71 ^• u a e Ntii � �F I ae mo! ^ae,6` m mI N �� : � 3 0°° R7mi itis. O m�1 ! �"a m° 6 a G2cga_v q , 9,—,1 : , S - ?p 0 .S r itP ° tit ° 49 Q g ggyp°°S' o °e ; ` U bi° ;`i�7. ' m rn r D l C O L P n 9' .; iao a F0 ngg gae .p , 2 `( a @ mZ z tg•g"0 ^ a e 11 e a lags° ap �,♦.., 4 �, (°• 1 !i C p a n n R 4I 8 w C a �y°. �j e 1 u•oS� & ReRV�a�V S� r X a X CuEgge° 'ng 4�, € 4-E i .z \ e G S &$ Gps S I'C r ka hi' 4- �, r" '^' 11 il . u save. 4 e ' Rav 5 i ^q• tl g � y, J Srwl .-Ml 6Zi � e•$ uiea Y ., t I1000'(Meas&R) a ?,t FR° e d p 8 r o WRIPE m 6 e g �anaT 44,o4v eNI6 • !.1 it NZ 1 ___I____ ( 0 ALT» 5 E-3s 3 K—__ALLISO/NJ ROAD .9s . i JI C R a G a . DAL nr me PAL @�� a �= e C,m a4e o w 6a2,c EKE 4 s R m hag"' n 6 E ° m R £ V n v 9 , ; N 7. e8� 6. 4 ..o m 48g ' Sai M°b c m ° : Q Zn ,!qy, Z a e nn5 -.Es' e e g y• �,°N o 2 p A '�6 A ri C i5 rn 6� � 2,8 R 7 a g 2 5 g m Z g yv a, ay as m § p ? u, ra [ rA a ep� PAN i[3:0 .FF k 2 .r al Ft e! R Attachment- C TELEPHONE No. 561-314-0769 - FAX No. 561-314-0770 EXACTA COMMERCIAL LAND SURVEYORS LB.7551 3460 FAIMLANE FARMS ROA®, SUITE 6, WELLINGTON, FL 33414 LEGAL DESCRIPTION OF: A 5-FOOT WIDE DRAINAGE EASEMENT A PORTION OF LOT 39, INDIAN CREEK SUBDIVISION P.B. 31, PG. 75, M.D.C.R. IN THE N.W. 1/4 OF SECTION 11, TOWNSHIP 53 SOUTH,RANGE 42 EAST CITY OF MIAMI BEACH,MIAMI-DADE COUNTY, FLORIDA A PARCEL OF LAND BEING A PORTION OF LOT 39, INDIAN CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 39; THENCE NORTH 08'44'15" WEST, ALONG THE EASTERLY LINE OF SAID LOT 39 AND THE WESTERLY RIGHT OF WAY LINE OF ALLISON ROAD (WATER VIEW ROAD PER PLAT), A DISTANCE OF 2.68 FEET TO THE POINT OF BEGINNING; THENCE NORTH 65'37'46" WEST, A DISTANCE OF 15.22 FEET TO A POINT ON A LINE 11.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 39; THENCE SOUTH 81'15'45" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 194.64 FEET; THENCE SOUTH 3547'23" WEST, A DISTANCE OF 11.57 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 39; THENCE NORTH 08'44'15" WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 7.13 FEET; THENCE NORTH 35'47'23" EAST, A DISTANCE OF 8.58 FEET TO A POINT ON A LINE 16.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 39; THENCE NORTH 81'15'45" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 198.22 FEET; THENCE SOUTH 6537'46" EAST, A DISTANCE OF 13.45 FEET TO SAID EASTERLY LINE OF LOT 39; THENCE SOUTH 08•44'15" EAST, ALONG SAID EASTERLY LINE, A DISTANCE OF 5.97 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA CONTAINING 1,104 SQUARE FEET), MORE OR LESS. SURVEY NOTES: 1. THE BEARINGS SHOWN HEREON ARE BASED ON A PLAT BEARING OF N. 08'44'15" W., ALONG THE WESTERLY RIGHT OF WAY LINE OF ALLISON ROAD (WATER VIEW PRADO, PER PLAT), AS SHOWN IN INDIAN CREEK SUBDIVISION, RECORDED IN PLAT BOOK 31, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 2. THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP, RIGHTS-OF-WAY OF OTHER MATTERS OF RECORD BY EXACTA. 3. THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOT A SURVEY). 4. THE LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY EXACTA COMMERCIAL SURVEYORS, INC., WITHOUT THE BENEFIT OF A TITLE SEARCH. CERTIFICATE: 0 REVISIONS DATE By HIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE SEAL A p AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND LEGAL J Gh DESCRIPTION MEETS THE STANDARDS OF PRACTICE ESTABLISHED BY THE NOT VALID UNLESS N FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEALED HERE WITH CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION AN EMBOSSED p 472.07, FLORIDA STATUTES. SURVEYOR'S SEAL DATE OF SKETCH: DRAWN BY CHECKED BY FIELD BOOK JAVIER DE LA ROC !/' 12/30/14 J.E.C. JDLR N/A PROFESSIONAL SURVEYOR AND MAPPER NO. 6080 - STATE OF FLORIDA SHEET 1 OF 2 TELEPHONE No. 561-314-0769 FAX No. 561-314-0770 EXACTA COMMERCIAL LAND SURVEYORS L.B.7551 3460 FAORLANE FARMS ROAD, SUITE 6, WELLINGTON, FL 33414 SKETCH OF DESCRIPTION OF: A 5.FOOT WIDE DRAINAGE EASEMENT A PORTION OF LOT 39, INDIAN CREEK SUBDIVISION P.B. 31, PG. 75, M.D.C.R. IN THE N.W. 1/4 OF SECTION 11, TOWNSHIP 53 SOUTH, RANGE 42 EAST CITY OF MIAMI BEACH,MIAMI—DADE COUNTY, FLORIDA c. /Ill - LEGEND: . "'l M.D.C.R MIAMI—DADE COUNTY RECORDS . n F.P.B. PLAT BOOK PG. PAGE _ a P.O.C. POINT OF COMMENCEMENT _ v II P.O.B. POINT OF BEGINNING i '' ' . L 1 LINE # 1 (SEE LINE TABLE) A SCALE: 1" = 30' o ill } . J o 7 r5 so so L O CATION MAP GRAPHIC SCALE NOT TO SCALE 0) W "I � O 4_ O Z 6494 ALLISON ROAD O `` MIAMI BEACH, FL 33141 z a IX LOT 39 ° INDIAN CREEK SUBDIVISION W '. 3 o P.B. 31, PG. 75, M.D.C.R. W W PROP TY LINE- 3 N 81°1-5-145" T98.22' fib' 1 s..,,,k, /2 ci !VI) Q S 81'15'45" W 194.64' g Q IC _ co` SOUTHERLY LINE OF LOT 39 L1--'� Qc 41 NORTHERLY LINE OF LOT 40- P.O.C;--" 4j LU S.E. CORNER OF LOT 39 O Z Ct z O ,7 INDIAN CREEK SUBDIVISION (N.E. CORNER OF LOT 40) r a o~ P.S. 31, PG. 75, M.D.C.R. z� 3 J CCW 4- 6480 ALLISON ROAD J 5 "' O MIAMI BEACH, FL 33141 cx w ,� Nt ® ti0 n c Z c o z LINE TABLE LINE BEARING DISTANCE W L1 N 08'44'15" W 2.68' 0 L2 N 65'37'46" W 15.22' CO L3 S 35'47'23" W , 11.57' w) NOTE: L4 N 08'44'15" W 7.13' N SEE SHEET 1 FOR THE LEGAL L5 N 35'47'23" E 8.58' DESCRIPTION OF THE SKETCH I O GRAPHICALLY SHOWN HEREON. L6 S 65'37'46" E 13.45' ;t L7 S 08'44'15" E 5.97' 0 L SHEET 2 OF 2 .