Baywalk Easement Agreement a ors ,,Qq 32
This instrument prepared by (and after
recording return to):
Eve A. Boutsis
Chief Deputy City Attorney
City of Miami Beach
1700 Convention Center Drive
Fourth Floor
Miami Beach, Florida 33139
(Reserved for Clerk of Court)
BAYWALK EASEMENT AGREEMENT
THIS DECLARATION OF RESTRICTIONS AND EASEMENT AGREEMENT
("Agreement") is made and entered into as of the 2- day oft,L,,dL, 2016, by and between the
CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (the "City"), with an
address of 1700 Convention Center Drive, Miami Beach, Florida 33139, and Mount Sinai
Medical Center of Florida, Inc., a Florida not-for-profit corporation ("Owner"), having an
address of 4300 Alton Road, Miami Beach, Florida 33140.
RECITALS:
A. On June 11, 2014, the City authorized execution of a Grant Agreement with
Owner, pursuant to City Resolution 2014-28609, in which Owner would receive a grant of
$15,000,000 from the City, subject to, among other things, the Owner granting a perpetual public
access easement to the City for the construction, operation and maintenance of a public baywalk
along the waterfront boundaries of the Owner's property; and
B. Owner has agreed to open to the public a pedestrian walkway ("Baywalk") within
the property legally described or depicted in Exhibit A attached hereto (the "Easement Area"),
subject to the terms, conditions, reservations and restrictions set forth herein.
C. Owner is the owner in fee simple of the Easement Area, which is a portion of the
Owner's hospital complex located at 4300 Alton Road, and commonly known as "Mount Sinai
Hospital", as legally described or depicted on Exhibit B attached hereto (the "Property").
NOW, THEREFORE, in consideration of the premises, agreements and covenants set
forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the City and Owner hereby agree that the foregoing recitals are
true and correct and further agree as follows:
1. Grant of Easements. Owner hereby grants to the City, for the use of the City, its
agents, employees, contractors, representatives and licensees, and the members of the general
public (collectively, the "Easement Beneficiaries"), commencing on the Effective Date (as
defined below), a permanent, non-exclusive easement through the Easement Area, subject to the
(36626842;3) 180,859,495v12 066498 012300 MIA
terms, conditions, reservations and restrictions set forth below. The Easement Beneficiaries shall
have access to the Easement Area solely from the portions of the Baywalk located directly north
and south of, and contiguous to, the Easement Area (the "Designated Paths"). In no event shall
the Easement Beneficiaries, by virtue of this Agreement, have access to the Easement Area by,
through, across, under or over any other portion of the Property, other than to access the
Baywalk from the Designated Paths; it being agreed that the sole points of access to the
Easement Area are the locations noted in the immediately preceding sentence.
2. Easement Area. At the time this Agreement is recorded, the "Easement Area"
shall refer to a meandering strip of land that is fifteen feet (15') in width within the portion of the
Property described or depicted in Exhibit A attached hereto. On the Effective Date (as defined
below), the final and actual "Easement Area" shall refer to and shall be a strip of land that runs
immediately adjacent and parallel to the westernmost boundary of the Property, east of the
seawall cap, and that extends to the easternmost edge of either the pedestrian walkway proposed
within the foregoing 15 foot strip of land or if a fence, wall or other barrier shall be installed east
of the pedestrian walkway and within the foregoing 15 foot strip of land, then to the westernmost
edge of such fence, wall or other barrier. The Easement Area shall be located east of the existing
seawall along the rear of the Property, and shall commence at the southwest corner of the
property, and shall continue north along the rear of the Owner's property to the northeast corner
of the waterfront portion of Owner's property. The minimum width of the walkway to be
installed in the Easement Area shall be 15 feet. The City shall be responsible for all costs
relating to the design,permitting, and construction of the Baywalk.
3. Effective Date. The easements granted herein are expressly conditioned upon the
execution of both a Grant Agreement and a Lease Agreement between Owner and City, as
contemplated in City Resolution 2014-28609. Therefore, the "Effective Date" shall commence
upon the final execution and delivery of both the Grant Agreement and the Lease Agreement,
which should occur simultaneously to the final execution and delivery of this Agreement.
4. Use of the Easement Area. The easements granted hereunder shall be for the
purposes of (i) providing the Easement Beneficiaries with a non-exclusive way of passage
through the Easement Area for the permitted public uses described in paragraph 4.a. below, and
(ii) allowing ingress and egress for police, maintenance/sanitation personnel and/or emergency
personnel of the City for the purposes described in (and the City's performance of its obligations
under) this Agreement.
a. Permitted Public Uses. Owner and the City acknowledge and agree that
the permitted uses of the Easement Area by the Easement Beneficiaries during the Operating
Hours (as defined in paragraph 4.c. below) are as follows: jogging, walking, hiking along the
bay, biking (non-motorized vehicles); and periodic and reasonable respites by the Easement
Beneficiaries using the Baywalk to enjoy the view or to rest.
b. Prohibited Public Uses. Owner and the City acknowledge and agree that
the following uses of the Easement Area are expressly prohibited: Easement Beneficiaries
loitering and consuming alcohol on the Easement Area; Easement Beneficiaries using the
Easement Area for destination activities including, but not limited to, picnicking and camping;
Easement Beneficiaries using the Easement Area to launch or moor any marine vessels
including, but not limited to, kayaks and similar personal watercraft; Easement Beneficiaries
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using chairs, tents, or other temporary or permanent furniture during the Operating Hours; dogs
and other pets not on leashes; and the operation of any motorized vehicles, skateboards, and
scooters (except by policing authorities, maintenance/sanitation personnel and/or emergency
personnel as contemplated hereunder).
c. Operating Hours. The Easement Area shall be open to the general public
every day from sunrise to sunset ("Operating Hours"). Access by the Easement Beneficiaries to
Easement Area shall only be restricted between sunset and sunrise; and as otherwise determined
by the City Manager in the event of an emergency, dangerous condition, or other circumstance
that would render usage of the Easement Area a safety risk.
5. Maintenance Responsibilities.
a. Easement Area. The City shall keep the Easement Area in good condition,
reasonable wear and tear excepted. Except as otherwise expressly provided herein, the City shall
be responsible for the maintenance and repair of the Easement Area; provided however that the
Owner shall be responsible for the maintenance and repair of the Easement Area necessitated by
or required as a result of the negligence of the Owner, its agents, employees, contractors,
vendors, operators, representatives, licensees, or invitees, in its or their use of the Easement
Area.
b. Seawall. The Owner shall retain.its responsibilities for the maintenance
and repair of the seawall abutting the entire length of the Easement Area (the "Abutting
Seawall"), in accordance with all applicable laws, codes, rules, orders, approvals and regulations
of Miami-Dade County, City of Miami Beach and any other governmental or quasi-
governmental agency or authority with jurisdiction over the Easement Area.
6. Utilities. Owner hereby reserves the right to temporarily restrict access to
appropriate portions of the Easement Area as may be necessary for the installation, use,
maintenance, repair, replacement, relocation or removal of utility facilities. Owner shall provide
reasonable notice to the City Manager of any intended temporary closure; provided however that
Owner shall reserve a right to temporary close appropriate areas of the Easement Area without
notice in emergency circumstances when such utility facilities may cause a safety risk.
7. City's Obligations.
a. Police. The City will police the Easement Area in a manner consistent
with the other sections of public baywalks owned by the City, or on which the City has obtained
rights of access through easement, covenant or otherwise, and which are open to the general
public (hereinafter referred to as "publicly accessible baywalks in the City"). Owner agrees to
submit legitimate complaints about any alleged noncompliance by the City with this requirement
to the City Manager, in writing, for his/her review and appropriate action. The City's reasonable
commercial efforts to enforce security measures consistent with that used in or on other sections
of the publicly accessible baywalks in the City shall be accepted as satisfaction of the City's
obligations under this paragraph 6.a. Any noncompliance by Owner and/or its agents,
employees, contractors, vendors, operators, representatives, licensees, or invitees with any rules,
regulations, ordinances or statutes applicable to the baywalk within the Easement Area shall not
{36626842;3} Page 3 of 11
be a basis for any legitimate complaint about alleged City noncompliance with the Easement
Area pursuant to, this paragraph 6.a.
b. Sanitation. The City will, at its expense, provide removal of rubbish from
the Easement Area on a twice weekly basis, not including fecal matter and vegetative debris that
are the responsibility of adjacent property owner as applicable under the City Code.
c. Rules and Regulations. The City Commission may adopt uniform rules
and regulations concerning the hours of operation, and the permitted uses of the Baywalk
(including the baywalk within the Easement Area) not materially inconsistent with the terms and
provisions of this Agreement.
d. FDEP licensure. Any application, either current or future, for the
reconstruction, construction, alteration, renovation, or expansion of any water dependent
structure west of the seawall of the Property, including, but not limited to docks, piers, platforms,
davits and mooring piles, shall also include a public baywalk to ensure the construction of the
Baywalk within the Easement Areas, which shall run the entire length of the rear of the subject
property. The dimensions, material, access points, and design of such Baywalk, shall be subject
to the review and approval of staff, with a minimum 15 foot width. To build the Baywalk within
the Easement Area, and towards the existing dock area and waters under the jurisdiction of
FDEP, Owner agrees to execute any necessary a pp lications or authorizations with the Florida
Department of Environmental Protection, Division of State Lands, and with any other applicable
state, county, or local administrative agencies to modify any licensure to include the Baywalk, as
an authorized extension, or authorized amendment to the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida, Sovereignty Submerged Lands Lease, as may be
applicable. Each party shall make a good faith effort to obtain all required permits, which shall
include a joint application to the FDEP for the proposed the Baywalk, if such review is required.
8. Signage. Owner shall post signs at all access points to the Easement Area that
display the Operating Hours and summarize the use restrictions described in this Agreement.
9. Reservation. Owner hereby reserves all rights of ownership in and to the
Easement Area which are not inconsistent with the Agreement and rights granted herein,
including, without limitation, the right to grant further easements on, over, under, and/or across
such area and all other uses not interfering with the uses permitted herein.
10. City's Liability. The City will assume and defend the Owner from all liability as
set forth in this paragraph 10, within the Easement Area, except for any liability arising from the
negligence of the Owner, its agents, employees, contractors, vendors, operators, representatives,
licensees, or invitees; and except for activities that occur from sunset to sunrise (while the
Easement Area is closed to the public in accordance with paragraph 4.c. above). Nothing
contained in this paragraph 10 or elsewhere in this Agreement is in any way intended to be a
waiver of the limitations on the City's liability to third parties as set forth in Section 768.28,
Florida Statutes; however, the limitations under said statutory provision shall not apply to the
City's contractual obligations to defend Owner and to cover, pay and/or reimburse any and all
costs, expenses, liabilities, claims, actions, causes of action, losses, demands and damages,
including, without limitation, reasonable attorneys' fees (including the cost of in-house counsel)
and disbursements at the trial level and all levels of appeal, relating to death of or injury to
{36626842;3} Page 4 of 11
persons, or loss of or damage to property, incurred by Owner and occurring within the Easement
Area, resulting from, arising out of, or incurred in connection with, use of the Easement Area by
Easement Beneficiaries.
11. Enforcement. No action to enforce this Agreement through filing suit shall be
pursued by any party to this Agreement absent 30 days prior written notice of the alleged breach,
followed by an opportunity to cure, which shall be no less than 30 days in length. If the alleged
breach is not cured to the satisfaction of the complaining party, the parties shall attempt in good
faith to mediate the dispute. When and if mediation fails, the sole remedy for such a dispute
shall be by action in Circuit Court. The substantially prevailing party shall be entitled to
attorney's fees and costs. For all other provisions of this Agreement, when and if mediation fails,
enforcement shall be with a Court of competent jurisdiction in and for Miami-Dade County.
12. Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon Owner, and its successors and assigns, except that Owner or such successor or
assignee, as the case may be, shall be released from all future obligations hereunder upon
conveyance of its interest in the Easement Area; provided, however, that any such transferee of
Owner or its successor or assignee, as the case may be, shall be bound by all terms and
conditions of this Agreement. The easements hereby granted and the requirements herein
contained are intended as, and shall be, covenants running with the land with respect to and
binding on the Easement Area. This Agreement shall inure to the benefit of and be binding upon
the City, and the City shall not be permitted to assign, transfer or convey all or any part of its
rights and interests under this Agreement (including its rights and interests in and to the
easements granted hereunder), except to a successor municipal corporation; provided, however,
that nothing herein shall be deemed a limitation on the City's right to permit the Easement
Beneficiaries to use the Easement Area, subject to and in accordance with the terms of this
Agreement.
13. Amendments; Termination. This Agreement may not be amended, modified or
terminated except by written agreement of the City and all of the then fee owner(s) of the
Easement Area, provided that with respect to any portion of the Easement Area for which a
condominium, property owner's or master association then exists, the written agreement of such
association (and its mortgagee, if any) shall be required in lieu of the fee owner(s) thereof and
their mortgagees. No modification or amendment of this Agreement shall be effective unless in
writing and recorded in the Public Records of Miami-Dade County, Florida.
14. Consent. The City agrees to give its consent in any mortgage, lien, security
interest, or other similar encumbrance that Owner may enter into on the Property, which requires
the consent or joinder of the City as the Grantee to this Agreement, so long as such consent does
not unreasonably interfere with the purposes of the easements granted herein.
15. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor
disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, riot,
civil commotion, fire or other casualty, and other causes beyond the reasonable control of the
party obligated to perform (each such event is referred to herein as a "Force Majeure Event"),
excluding the financial inability of such party to perform, shall excuse the performance by such
party for a period of time equal to any such period of prevention, delay or stoppage. Any party
{36626842;3} Page 5 of 11
seeking to invoke this paragraph shall provide written notice to the other party as soon as
reasonably practicable under the circumstances.
16. Miscellaneous.
a. Closures. No breach of the terms set forth in this Agreement shall result
in the closure or reverter of the public access to the Easement Area provided for herein, except
for temporary closure as provided in paragraphs 6.a. and 6.c. above.
b. Counterparts. This Agreement may be executed in any number of
counterparts and by the separate parties hereto in separate counterparts, each of which shall be
deemed an original, but all of which (when taken together) shall constitute one and the same
instrument.
c. Construction. Reference to any paragraph, section, exhibit, or subpart
thereof, unless otherwise provided, shall refer to this Agreement. In construing this Agreement,
the singular shall be held to include the plural, the plural shall be held to include the singular, and
reference to any particular gender shall be held to include every other and all genders. Use of the
term "including" shall mean "including, without limitation". Each of the parties hereto and their
counsel have reviewed and revised, or requested revisions to, this Agreement, and the usual rule
of construction that any ambiguities are to be resolved against the drafting party shall be
inapplicable in the construction and interpretation of this Agreement and any amendments or
exhibits to this Agreement.
d. Titles of Paragraphs and Sections. The titles of the several parts,
paragraphs and sections of this Agreement are inserted for convenience of reference only and
shall be disregarded in construing or interpreting any of its provisions.
e. Estoppel Certificates. Upon the prior written request of either party, the
other party hereto shall furnish the requesting party an estoppel certificate reasonably satisfactory
to the requesting party.
f. Notices. Any notices required or permitted to be given under this
Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent
by recognized overnight courier (such as Federal Express) or mailed by certified or registered
mail, return receipt requested, in a postage prepaid envelope, and addressed as follows:
•
If to the City at: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Jimmy Morales,
City Manager
{36626842;3} Page 6 of 11
With a copy to: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Raul Aguila,
City Attorney
Tel: 305-673-7470 ext 6471
Fax: 305-673-7002
RaulAguila@miamibeachfl.gov
If to the Owner: Arnie Jaffee
Senior Vice President and
General Counsel
Mount Sinai Medical Center
Warner Building, 5th Floor
4300Alton Road
Miami Beach, FL 33140
Telephone: 305-674-2444
Facsimile: 305-674-2007
e-mail: ajaffee @msmc.com
With a copy to: Outside Counsel
Neisen O. Kasdin
• Akerman LLP
One Southeast Third Avenue
25th Floor
Miami, FL 33131
Notices personally delivered or sent by overnight courier shall be deemed given on the date of
delivery and notices mailed in accordance with the foregoing shall be deemed given three (3)
days after deposit in the U.S. Mail.
g. Governing La w s. The laws of the State of Florida shall govern the
interpretation, validity, performance and enforcement of this Agreement. Venue for any action
brought hereunder shall be proper exclusively in Miami-Dade County, Florida.
h. Exhibits. All of the Exhibits attached to this Agreement are incorporated
in, and made a part of, this Agreement.
EXECUTED as of the date and year first above written.
{36626842;3} Page 7 of 11
SIGNED, SEALED AND DELIVERED THE CITY OF MIA !BEACH,
IN THE PRESENCE OF: FLORIDA,.a Florida nicipal corporation
.i..�_ y
v frName: L/I_ j � LA .A../
Name k I • / �, /
Attest:
4, 0 i .B qlti.c--171/B . f 1 "so
ir --...-.-,,Afe -...
, : ,..
g` ,_ G x,,. ,, , City Clerk 'Pc *
INCORP ORATED
Approved as to form and language , -:�� _
and for execution: •\\ii-CiLl 96' ■de
fi vk
Vi n v, .L
r t, vane.
City ttorney u Dated
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DARE ) ,..9---
The ore going instrument was acknowled ed before me this / day of ,
g g g
201 by Jimmy Morales, City Manager, respectively, for the City of Miami Beach, Florida, on
behalf of t e 0 City.
1
B . _A ,A.-.
Signahre f Notary Public
My Commission Expires:
Printed, typed or stamp _ _ _ _ — J
;�F. ��•,,, EVE A. BOUTSIS
i S: ,M4, ; Notary Public-State of Florida
•: ‘& ): •=My Comm.Expires Feb 26,2017
=,' rill *- Commission# EE 855927
''''%°...............
. Bondea Through National Notary Assn. 0
{36626842;3} Page 8 of 11
SIGNED, SEALED AND DELIVERED MOUNT SINAI MEDICAL CENTER OF
IN THE PRESENCE OF: FLORIDA,INC., a Florida nonprofit
corporation
1
ame: - -CaIAJZ" ` / rte, By:
r
Name: S�- ve N D. �pk�n„-eicJ
Title: Presider
L �
Name: "S c Vs-q
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
The foregoin instrument was acknowledged before me this R:16day of Nweefftber, 2016 by
STdve y, aS eryitAisel . , as President and on behalf of Mount Sinai Medical Center of
Florida, Inc., a Florida nonprofit corporation, on behalf of the corporation.
By: i)44441.. -*A.44,1j
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
PRISCILLA FRIEDLAND
; ,. _ Notary Public-State of Florida
My Comm.Expires Aug 23,2018
° ' Commission # FF 116913
F:\ATTO\BOUE\CONTRACTS\Mt Sinai Baywalk Easement with City[RAUL'S EDITS 11-23-15].docx
{36626842;3} Page 9 of 11
COMPOSITE EXHIBIT A
LOCATION OF EASEMENT AREA
{36626842;3} Page 10 of 11
LEGAL DESCRIPTION ("EASEMENT AREA") •
BEING AN EASEMENT 15 FEET IN WIDTH LYING IN SECTION 22,TOWNSHIP 53 SOUTH, RANGE
. 42 EAST, CITY OF MIAMI BEACH,MIAMI DADE COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE QUARTER(SW=A)OF
•
SECTION 22, TOWNSHIP 53 SOUTH, RANGE 42 EAST,WHICH IS THE SOUTHEAST CORNER OF
•
GOVERNMENT LOT 4,TOWNSHIP 53.SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY,FLORIDA;
THENCE WESTERLY ALONG.THE SOUTH LINE OF SAID SECTION 22,THE BEARING OF SAID '
• SOUTH LINE BEING S 88°18'00"W AS SHOWN ON.A PLAT ENTITLED"MAP.OF THAT PORTION OF
TOWNSHIP 53 SOUTH, RANGE 42 EAST, LYING BETWEEN BISCAYNE BAY AND THE ATLANTIC
OCEAN IN MIAMI-DADE COUNTY, FLORIDA, BLISS AND WATSON, ENGINEERS, DATED
FEBRUARY 1918";AS RECORDED IN PLAT BOOK 5 AT PAGE 40 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, A DISTANCE OF 356.19 FEET TO A POINT;THENCE N09°37'00"E, •
A DISTANCE OF 268.77 FEET;THENCE N24°22'43°W,A DISTANCE OF 15.00 FEET TO STATION
194+94.0426(BACK)OF THE CONSTRUCTION CENTERLINE OF STATE ROAD 25, AS SHOWN ON
A FLORIDA STATE ROAD RIGHT OF WAY MAP ENTITLED "RIGHT-OF-WAY MAP SEC. 8709-402, SR
25 MIAMI-DADE COUNTY, FLORIDA", REVISED AS OF AUGUST 7, 1958,SHEETS I AND 2;
THENCE S65°37"17"WEST, A DISTANCE OF 1456.78 FEET TO THE POINT OF CURVATURE(P.C.)
OF A CIRCULAR CURVE(CENTERLINE OF CONSTRUCTION EQUALS 180+37.2656;THENCE
SOUTHWESTERLY ALONG THE CENTERLINE OF CONSTRUCTION OF STATE ROAD 25,ALONG
THE ARC OF A CIRCULAR CURVE DEFLECTING TO THE RIGHT, HAVING FOR ITS ELEMENTS A
CENTRAL ANGLE OF 25°25"34", A RADIUS OF 3819.72 FEET,A DISTANCE OF 1695.07 FEET TO
THE POINT OF TANGENCY(PT)OF SAID CURVE; THENCE N88°57'09"W,TANGENT TO THE LAST .
MENTIONED CIRCULAR CURVE, ALONG THE CENTERLINE OF CONSTRUCTION OF STATE ROAD
25,A DISTANCE OF 573.19 FEET TO A POINT,SAID POINT BEING STATION 157+69 ON THE
CENTERLINE OF CONSTRUCTION OF STATE ROAD 25; THENCE ALONG A LINE DEFLECTING 90°
TO THE RIGHT, N01°02'51"E A DISTANCE OF 116.00 FEETTO THE INTERSECTION WITH THE
NORTHERLY RIGHT OF WAY LINE INTERSTATE-I95/STATE ROAD NO.25(A,K.A.JULIA TUTTLE •
. CAUSEWAY: THENCE S88°57'09"E ALONG SAID NORTHERLY RIGHT OF WAY,A DISTANCE OF
79.29 FEET TO THE POINT OF BEGINNING SAID POINT OF BEGINNING ALSO BEING THE-POINT
OF CURVATURE(PC)OF A NON TANGENT CURVE;.
THE FOLLOWING SEVEN(7)COURSES ARE ALONG THE WESTERLY PROLONGATION OF AND
THE SOUTHEASTERLY FACE OF AN EXISTING SEAWALL; (1)THENCE ALONG SAID NON
•
TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 561.21 FEET,THE
CHORD WHICH BEARS N62°41'49"E,THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF .
394.89 FEET THROUGH A CENTRAL ANGLE OF 40°18'55;(2)THENCE N42°32'21"E A DISTANCE OF
1145.48 FEET; (3)THENCE N48°47'25"E A DISTANCE OF 1000.33 FEET; (4)THENCE N52°44'19"E •
A DISTANCE OF 293.67 FEET(5)TO THE BEGINNING OF A CURVE CONCAVE TO THE
.NORTHWEST HAVING.A RADIUS OF 227.00 FEET,THE CHORD WHICH BEARS N45°31'16"E,
THENCE ALONG THE ARC OF SAID CURVE.A DISTANCE OF 57.19 FEET THROUGH A.CENTRAL
ANGLE OF 1-4°26'06"(6)TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE
• SOUTHEAST HAVING A RADIUS OF 77.72 FEET THE CHORD WHICH BEARS N57°24'12"E,THENCE
ALONG THE ARC OF SAID CURVE A DISTANCE OF 51.82 FEET THROUGH A CENTRAL ANGLE OF
38°11'56"; (7)THENCE N78°08'38"E A DISTANCE.OF 149.42 FEET; THENCE S 86°11'38"E A •
DISTANCE OF 224.43 FEETTO THE RIGHT OF WAY LINE'OF NORTH.BAY ROAD; THENCE
N73°19'02" EALONG SAID RIGHT OF WAY A DISTANCE OF 43.64 FEET TO A POINT OF
CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS
OF 10.00 FEET,THE CHORD WHICH BEARS S 57°43'43"E,:THENCE CONTINUE ALONG SAID
WESTERLY RIGHT OF WAY AND THE ARC OF SAID CURVE A DISTANCE OF 12.41 FEET
THROUGH A CENTRAL ANGLE OF 71°05'35"; TO A POINT OF REVERSE CURVATURE OF A
CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 343.23 FEET THE CHORD WHICH
BEARS S22°4218"E, THENCE CONTINUE ALONG SAID WESTERLY RIGHT OF WAY AND. THE ARC
OF SAID CURVE A DISTANCE OF 6.27 FEET THROUGH A CENTRAL ANGLE OF 01°02'45";
•
•
•
THE FOLLOWING NINE(9)COURSES LYING 15 FEET SOUTHERLY OF AND PAF2ALLEL WITH THE
•
PREVIOUSLY DESCRIBED NINE(9).COURSES (FROM THE POINT OF BEGINNING); (1)THENCE
S73°19'02"W A DISTANCE OF 54.64 FEET; (2)THENCE N86°11'38"W A DISTANCE OF 225.07 FEET;
(3)THENCE S78°08'38"W A DISTANCE OF 147.13 FEET;(4)TO A.POINT CURVATURE OF A NON-
TANGENT CURVE CONCAVE TO THE SOUTHEAST'HAVING A RADIUS OF 62.72FEET,THE CHORD
WHICH BEARS S57°18'37"W,THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 41.61
FEET THROUGH A CENTRAL ANGLE OF 38°00'48`; (5)TO A POINT OF REVERSE CURVATURE OF •
A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 242.00 FEET THE CHORD
WHICH BEARS S45°31'16'W,THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 60.97
FEET THROUGH A CENTRAL ANGLE OF 14°26'06";(6)THENCE S52°44'19"W A DISTANCE OF
293.15 FEET; (7)THENCE S4&°47'25"W A DISTANCE OF 998.99 FEET; (8)THENCE S42°32'21"W A
DISTANCE OF 1144.66 FEET,(9)TO THE BEGINNING OF A CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 576.21 FEET THE CHORD WHICH BEARS S59°05'10"W,
THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 332.82 FEET THROUGH A CENTRAL
ANGLE OF 33°05'37";. THENCE N88°57'09'W A DISTANCE OF 73.18 FEET TO THE POINT OF
BEGINNING.
CONTAINING 49,931 SQUARE FEET OR 1.1 ACRES MORE OR LESS. •
COMPOSITE EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY AND SURVEY
{36626842;3} Page 11 of 11
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• LEGAL DES:CRIPTION•("PROPERTY") ' •
{
COMMENCING AT A CONCRETE MONUMENT AT SOIUTHEAST CORNER OF THE SOUTHWEST
ONE QUARTER(SW%)OF SECTION 22,TOWNSHIP;53 SOUTH, RANGE 42 EAST,WHICH IS THE
SOUTHEAST CORNER OF GOVERNMENT LOT 4,TOWNSHIP 53 SOUTH,RANGE 42.EAST, MIAMI=
DADE COUNTY, FLORIDA,RUN WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 22,THE
BEARING OF SAID SOUTH LINE BEING SOUTH 88 DEGREES 18 MINUTES WEST AS SHOWN ON A
PLAT.ENTITLED "MAP OF THAT PORTION OF TOWNSHIP 53 SOUTH, RANGE 42 EAST, LYING
- BETWEEN BISCAYNE BAY AND THE ATLANTIC OCEAN IN MIAMI-DADE COUNTY, FLORIDA, BLISS
AND WATSON, ENGINEERS, DATED FEBRUARY 1918",.AS RECORDED IN PLAT BOOK 5 AT PAGE
40 OF THE PUBLIC RECORDS OF MIAIVIi-DADE COUNTY, FLORIDA,A DISTANCE OF 356.19 FEET
TO A POINT; •
THENCE RUN NORTH 09 DEGREES 37 MINUTES EAST,A DISTANCE OF 268.77 FEET;THENCE
RUN NORTH 24 DEGREES 22 MINUTES 43 SECONDS WEST,A DISTANCE OF 15.0 FEET TO
STATION 194+94.0426(BACK)OF THE CONSTRUCTION CENTERLINE OF STATE ROAD 25,AS
SHOWN ON A FLORIDA STATE ROAD RIGHT OF WAY MAP ENTITLED"RIGHT-OF-WAY MAP SEC.
8709-402, SR 25 MIAMI-DADE COUNTY, FLORIDA", REVISED AS OF AUGUST 7, 1958,SHEETS 1
AND 2;
THENCE RUN SOUTH.65 DEGREES 37 MINUTES 17 SECONDS WEST,A DISTANCE OF 1456.7770
FEET TO THE POINT OF CURVATURE(P.C.)OF A CIRCULAR CURVE(CENTERLINE OF
CONSTRUCTION EQUALS 180+37.2656); •
THENCE RUN SOUTHWESTERLY ALONG THE CENTERLINE OF CONSTRUCTION'OF STATE
ROAD 25,ALONG THE ARC OF A CIRCULAR CURVE DEFLECTING TO THE RIGHT, HAVING FOR
ITS ELEMENTS A CENTRAL ANGLE OF 25 DEGREES 25 MINUTES 34 SECONDS, A RADIUS OF
3819.72 FEET,A DISTANCE OF 1695.0747 FEET TO THE POINT OF TANGENCY(PT) OF SAID
CURVE;
THENCE RUN NORTH 88 DEGREES 57 MINUTES 09 SECONDS WEST,TANGENT TO THE LAST
MENTIONED CIRCULAR CURVE,ALONG THE CENTERLINE OF CONSTRUCTION OF STATE ROAD
25, A DISTANCE OF 573.19 FEET TO A POINT, SAID POINT BEING STATION 157+69 ON THE
CENTERLINE OF CONSTRUCTION OF STATE ROAD 25;
THENCE RUN ALONG A LINE DEFLECTING 90 DEGREES TO THE RIGHT, NORTH 01 DEGREES 02
MINUTES 51 SECONDS EAST,A DISTANCE OF 1-16.0 FEET TO THE POINT OF BEGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED, SAID POINT OF BEGINNING ALSO BEING THE POINT OF
CURVATURE-(PC)OF A CIRCULAR CURVE;
THENCE RUN NORTHEASTERLY ALONG THE EASTERLY SHORE OF BISCAYNE BAY,ALONG THE
ARC OF A CIRCULAR CURVE DEFLECTING TO THE LEFT, HAVING FOR ITS ELEMENTS.A •
CENTRAL ANGLE OF 48 DEGREES 24 MINUTES 18 SECONDS,A RADIUS OF 556.210 FEET,A
DISTANCE OF 469.90 FEET TO THE POINT OF TANGENCY(PT)OF SAID CIRCULAR CURVE,THE
SOUTHERLY TANGENT OF SAID CIRCULAR CURVE HAVING A BEARING OF SOUTH 88 DEGREES
57 MINUTES 09 SECONDS EAST;(BEARING OF CHORD BEING NORTH 66 DEGREES 50 MINUTES
42.SECONDS EAST, CHORD-DISTANCE BEING.456.05 FEET); •
" THENCE RUN NORTHEASTERLY, NORTH 42 DEGREES 38 MINUTES 30 SECONDS EAST,
TANGENT-TO SAID CIRCULAR CURVE,A DISTANCE OF 1146.608 FEET TO A POINT,SAID POINT
BEING THE NORTHWESTERLY CORNER OF A PARCEL OF SUBMERGED LAND(NOW FILLED)
DEEDED BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF
FLORIDA TO THE ALTON BEACH REALTY COMPANY; DEED NO. 16801, DATED SEPTEMBER 9,
1919-COMPRISING 2.1.5 ACRES, MORE OR LESS;ALSO DESCRIBED IN DEED BOOK 2277, PAGE
•
•
•
- � I
133, PUBLIC RECORDS OF MIAMI-DADE-COUNTY, FLORIDA, FROM MIAMI BEACH BAY SHORE
COMPANY TO THE UNITED STATE OF AMERICA, RECORDED MARCH 23, 1943;
THENCE RUN NORTH 48 DEGREES 51 MINUTES 00.3 SECONDS EAST,A DISTANCE OF 1006.079
FEET TO A POINT; .
THENCE RUN NORTH 52 DEGREES 47 MINUTES 05.56 SECONDS EAST,A DISTANCE OF 302.87
FEET TO.A POINT ON THE NORTHERLY LINE OF LOT 41, BLOCK 1, NAUTILUS SUBDIVISION AS
RECORDED IN PLAT BOOK 8; PAGE 95 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
THENCE RUN IN A NORTHEASTERLY DIRECTION, MEANDERING THE NORTHWESTERLY LINE OF •
LOT 41,A DISTANCE OF 93 FEET, PLUS OR MINUS. THE CHORD OF THE AFOREMENTIONED
MEANDER LINE, CONCAVE TO THE SOUTHEAST, HAVING A BEARING OF NORTH 51 DEGREES,
41 MINUTES 56 SECONDS EAST AND A DISTANCE OF 92.03 FEET;
THENCE RUN NORTH 77 DEGREES 57 MINUTES 59 SECONDS EAST,ALONG THE NORTHERLY
LINE OF SAID LOT 41, A DISTANCE OF 144.75 FEET TO A POINT, SAID POINT BEING THE •
SOUTHWESTERLY CORNER OF LOT 40, BLOCK 1 OF THE AFOREMENTIONED NAUTILUS •
SUBDIVISION; •
THENCE RUN SOUTH 86 DEGREES 11 MINUTES 38 SECONDS EAST,ALONG THE SOUTH LINE
OF SAID LOT 40, A DISTANCE OF 229.31 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT
• 40,SAID POINT BEING ON THE WESTERLY LINE OF NORTH BAY ROAD AS SHOWN ON •
AFOREMENTIONED FLAT OF NAUTILUS SUBDIVISION;
THENCE RUN NORTH 73 DEGREES 19 MINUTES 02 SECONDS EAST,ALONG THE SOUTHERLY
LINE OF SAID NORTH BAY ROAD,A DISTANCE OF 43.64 FEET TO A POINT ON A CIRCULAR
CURVE;
' THENCE DEFLECTING TO THE RIGHT RUN ALONG THE ARC OF THE LAST MENTIONED
CIRCULAR CURVE, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 71 DEGREES 05
MINUTES 35 SECONDS,A RADIUS OF 10.0 FEET(BEARING OF CHORD BEING SOUTH 57
DEGREES 43 MINUTES 43.5 SECONDS EAST, CHORD DISTANCE BEING 11.63 FEET),A
DISTANCE OF 12.41 FEET TO THE POINT OF REVERSE CURVATURE(PRC}OF A CIRCULAR
CURVE;
THENCE DEFLECTING TO THE LEFT, RUN ALONG THE ARC OF A.CIRCULAR CURVE, HAVING
FOR ITS ELEMENTS A CENTRAL ANGLE OF 7 DEGREES 02 MINUTES 04 SECONDS,A RADIUS OF
• 343.23 FEET, (BEARING OF CHORD BEING SOUTH 25 DEGREES 41 MINUTES 58 SECONDS EAST,
CHORD DISTANCE BEING 42.12 FEET), A DISTANCE OF 42.14 FEET TO THE POINT OF
COMPOUND CURVATURE(FCC) OF A CIRCULAR CURVE;
. THENCE DEFLECTING TO THE LEFT RUN ALONG THE ARC OF THE LAST MENTIONED CURVE,
HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 19 DEGREES 43 iv]INUTES 00 SECONDS,A
RADIUS OF 660.00 FEET,(BEARING OF CHORD BEING SOUTH 39 DEGREES 04 MINUTES 30
SECONDS EAST, CHORD DISTANCE BEING 226.0 FEET),A DISTANCE OF 227.11 FEET TO A
POINT, SAID POINT BEING AT THE INTERSECTION OF A CIRCULAR CURVE,SAID POINT ALSO
BEING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF AFOREMENTIONED NORTH
BAY ROAD WITH THE WESTERLY RIGHT-OF-WAY LINE OF RAMP"D"-STATE ROAD 25;
THENCE DEFLECTING TO THE RIGHT RUN ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE
OF RAMP"D" OF STATE ROAD 25,ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO•THE •
WEST,HAVING FOR ITS ELEMENTS,A CENTRAL ANGLE OF 02 DEGREES 15 MINUTES 58
SECONDS,A RADIUS OF 671.56 FEET, (BEARING OF CHORD BEING SOUTH 28 DEGREES 20
•
}
•
MINUTES 58 SECONDS WEST,CHORD DISTANCE BEING 26.56 FEET),A DISTANCE OF 26.56
FEET TO THE POINT OF TANGENCY(PT)OF SAID CURVE;
THENCE CONTINUE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF RAMP"D"OF STATE ROAD
25, RUN.SOUTH 29 DEGREES 28 MINUTES 45 SECONDS WEST,TANGENT TO THE LAST
MENTIONED CIRCULAR CURVE,A DISTANCE OF 350.864 FEET TO THE POINT OF TANGENCY
(PT)OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST;
• •
,� RUN ALONG THE ARC
THENCE CONTINUE ALONG THE AFOREMENTIONED RIGHT-OF-WAY WAY SINE,
• OF THE LAST MENTIONED CIRCULAR CURVE, HAVING FOR ITS ELEMENTS•A CENTRAL ANGLE
• OF 01 DEGREES 26 MINUTES 42 SECONDS,A RADIUS OF 914.51 FEET,A DISTANCE OF 23.07
FEET TO A POINT;(BEARING OF CHORD BEING SOUTH.28 DEGREES 45 MINUTES 23.5
•
SECONDS WEST,CHORD DISTANCE BEING 23.07 FEET);
THENCE CONTINUE ALONG THE AFOREMENTIONED RIGHT-OF-WAY,ALONG A LINE RADIAL TO
THE LAST MENTIONED CIRCULAR CURVE, RUN NORTH 61 DEGREES, 57 MINUTES 58 SECONDS
WEST,A DISTANCE OF 20.0 FEET TO A POINT, SAID POINT BEING ON THE ARC OF A CIRCULAR
• CURVE CONCAVE TO THE SOUTHEAST;
THENCE RUN ALONG THE ARC OF THE LAST MENTIONED CURVE CONCAVE TO THE
SOUTHEAST, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 17 DEGREES 21 MINUTES 1.6
SECONDS,A RADIUS OF 934.51 FEET(BEARING OF CHORD BEING.SOUTH 19 DEGREES 21
MINUTES 24 SECONDS WEST. CHORD DISTANCE BEING.281.98 FEET),A DISTANCE OF 283.06
FEET TO A POINT;
•
THENCE DEFLECTING TO THE RIGHT RUN NORTH 60 DEGREES 04 MINUTES.14 SECONDS
WEST, ALONG THE AFOREMENTIONED RIGHT-OF-WAY LINE,A DISTANCE OF 21.12 FEET TO A
POINT;
THENCE RUN NORTH 56 DEGREES 37 MINUTES 29 SECONDS WEST,A DISTANCE OF 2.20 FEET
TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE.TO THE SOUTHEAST;
THENCE CONTINUE ALONG AFOREMENTIONED RIGHT-OF-WAY LINE, RUN ALONG THE ARC OF
THE LAST MENTIONED CIRCULAR CURVE, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF
08 DEGREES 40 MINUTES 07 SECONDS,A RADIUS OF 956.51 FEET(BEARING OF CHORD BEING
SOUTH 06 DEGREES 48 MINUTES 47 SECONDS WEST,CHORD DISTANCE BEING 144.57 FEET),A
DISTANCE OF 144.72 FEET TO THE POINT OF TANGENCY(PT)OF THE LAST MENTIONED
• CIRCULAR CURVE;
THENCE RUN SOUTH 02 DEGREES 28 MINUTES 43 SECONDS WEST,ALONG THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF RAMP"D".OF STATE ROAD 25,ALONG ALINE
TANGENT TO THE LAST MENTIONED CIRCULAR CURVE,A DISTANCE OF 136.207 FEET TO A
POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHWEST;.
• THENCE CONTINUE ALONG THE ABOVE MENTIONED RIGHT-OF-WAY LINE;ALONG THE ARC OF
THE LAST MENTIONED CIRCULAR CURVE, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF
49 DEGREES 39 MINUTES 02 SECONDS,A RADIUS OF 687.34 FEET•(BEARING.OF CHORD BEING
SOU.TH27 DEGREES 42 MINUTES 01 SECONDS WEST. CHORD DISTANCE BEING 577.16 FEET),
A"DISTANCE OF 595.624 FEET TO A POINT;
THENCE RUN SOUTH 66 DEGREES 27 MINUTES 37 SECONDS WEST ALONG THE SAID
NORTHWESTERLY RIGHT-OF-WAY LINE OF RAMP"D"OF STATE ROAD 25 AND THENCE ALONG
THE NORTHERLY LIMITED ACCESS LINE OF STATE ROAD 25(JULIA TUTTLE CAUSEWAY),A
DISTANCE OF 259.38 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
NORTHWEST;
•
•
•
• THENCE RUN ALONG*THE SAID NORTHERLY LIMITED ACCESS LINE OF STATE ROAD 25,ALONG •
THE ARC OF THE LAST MENTIONED CIRCULAR CURVE, HAVING FOR ITS ELEMENTS A CENTRAL 1
ANGLE OF 22 DEGREES 28 MINUTES 01.51 SECONDS,A RADIUS OF 3703.72 FEET(BEARING OF
CHORD BEING SOUTH 79 DEGREES 48.MINUTES 50.24 SECONDS WEST, CHORD DISTANCE
BEING 1443.03 FEET),A DISTANCE OF 1452.32 FEET TO A POINT,SAID POINT BEING THE POINT
OF TANGENCY(PT)OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST;
THENCE RUN NORTH 88 DEGREES 57 MINUTES 09 SECONDS WEST,ALONG THE SAID
NORTHERLY LIMITED ACCESS LINE OF STATE ROAD 25,A TANGENT TO THE LAST MENTIONED
CIRCULAR CURVE,A DISTANCE OF 573.19 FEET TO THE POINT OF BEGINNING OF THE TRACT
OF LAND HEREIN DESCRIBED.
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