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2016-29641 Reso RESOLUTION NO. 2016-29641 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING AND ACCEPTING A GRANT OF CROSS- PERPETUAL EASEMENTS ("CROSS-EASEMENT AGREEMENT") BETWEEN THE CITY AND THE MANSION APARTMENTS, LC ("MANSION") , AS THE OWNER OF THE RESIDENTIAL APARTMENT BUILDING LOCATED AT 1001 WEST 46 STREET, MIAMI BEACH, FLORIDA; WHICH CROSS-EASEMENTS SHALL: (1) PERMIT MANSION TO PAY FOR, CONSTRUCT AND MAINTAIN PARKING SPACES IN THE CITY'S RIGHT-OF-WAY,WHICH SPACES SHALL BE OWNED BY THE CITY AND WHICH SHALL BE AVAILABLE FOR USE BY THE GENERAL PUBLIC (INCLUDING THE RESIDENTS AND VISITORS TO 1001 WEST 46 STREET; AND (2) ALLOW THE CITY TO USE MANSION'S LAWN AREA TO CREATE A PUBLIC SIDEWALK PEDESTRIAN ACCESS EASEMENT AREA. WHEREAS,the Mansion Apartments, LC ("Mansion"), a Florida Limited Liability Company, ("Mansion, LC") is the owner of 1001 West 46 Street, Miami Beach, Florida,which property consists of a legal non-conforming 1921 apartment house in a Mediterranean revival style, which has no parking on site; and WHEREAS,the property was down-zoned several years ago, and the underlying zoning is RS-4, which is a single family home zoning district; and WHEREAS, the structure was constructed when parking was not required under the City Code and, due to the non-conforming structure which encompasses almost the entire site, there is no available space for parking spaces on site; and WHEREAS, as a result of this condition, the residents of 1001 West 46 Street park improperly within the City's swale, often causing visual obstructions for drivers and pedestrians alike; and WHEREAS, the City seeks to improve West 46 Street to ensure proper parking and sidewalks; however, there is not sufficient depth to the street to provide all the needed improvements; and WHEREAS, Mansion has agreed to grant to the City a perpetual easement for the purpose of providing public pedestrian access through and over a portion of its property lying north of the northerly right-of-way line of West 46 Street, and lying West of the Westerly right-of-way line of North Michigan Avenue, as delineated in Exhibit B (the Sidewalk Easement); and WHEREAS,the City has agreed to grant Mansion a non-exclusive easement(area identified in Exhibit C) to construct public parking spaces on a portion of the City's right-of-way (the Non- Exclusive Parking Easement), useable by the public generally, including for use by the residents and visitor to 1001 46 Street; which parking plan is attached to the proposed Cross-Easement Agreement as Exhibit"D" thereto; and WHEREAS, Mansion shall dedicate a portion of 1001 46 Street to be used as a sidewalk, and provide the City with the Sidewalk Easement as a public pedestrian sidewalk; and WHEREAS, Mansion shall transfer to the City, its successors and assigns, a perpetual easement on, in, and over the Sidewalk Easement area for the purpose of providing public pedestrian access through and over the area; and WHEREAS, Mansion shall, at its sole cost and expense, design and construct the sidewalk within the area identified in Exhibit B; and to create landscaping and public parking within the area identified in Exhibit C, after obtaining a Public Works Right-of-Way Permit; and WHEREAS, Mansion shall provide insurance for all the improvement areas, including the areas identified in Exhibits B and C; and WHEREAS,the Public Works Department seeks authorization from the City Commission to accept and authorize the attached Cross Easement Agreement providing a sidewalk easement and non-exclusive parking easement; and WHEREAS,the Cross Easement Agreement will terminate upon demolition of the existing structure, which demolition would no longer render the structure non-conforming, and allow the property to be developed in accordance with the existing single family residential regulations of the RS-4 regulations. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission approve and accept a grant of Cross-Perpetual Easements("Cross-Easement Agreement")between the City and The Mansion Apartments, LC ("Mansion"), as the owner of the residential apartment building located at 1001 West 46 Street, Miami Beach, Florida; which Cross-Easements shall: (1) permit Mansion to pay for, construct and maintain parking spaces in the City's right-of-way, which spaces shall be owned by the City and which shall be available for use by the general public (including the residents and visitors to 1001 West 46 Street; and (2)allow the City to use Mansion's lawn area to create a public sidewalk pedestrian access easement area.7 PASSED AND ADOPTED this / day of November, 2016. ATTEST: _A/K 1 % �' B '41,�I Phil. i L=• . a ayor Rafael Granado, City Clerk *4 f � � APPROVED AS TO �`��.• --�� .''y�G,�.✓� FORM &LANGUAGE •�• = ,<. ;, F. EXECUTION MCORP ORATED: I f O f ¢ (ii. T:WGENDA\2016\November\P Aiey'orks\M.\-f'• Apar i -Easement-Resolu io i orney Date Resolutions -R7 H MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: November 9, 2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING AND ACCEPTING A GRANT OF CROSS- PERPETUAL EASEMENTS ("CROSS-EASEMENT AGREEMENT") BETWEEN THE CITY AND MANSION, LC, AS THE OWNER OF THE RESIDENTIAL APARTMENT BUILDING LOCATED AT 1001 WEST 46 STREET, MIAMI BEACH, FLORIDA; WHICH CROSS-EASEMENTS SHALL: (1) PERMIT MANSION, LC TO PAY FOR, CONSTRUCT AND MAINTAIN PARKING SPACES IN THE CITY'S RIGHT-OF-WAY, WHICH SPACES SHALL BE OWNED BY THE CITY AND WHICH SHALL BE AVAILABLE FOR USE BY THE GENERAL PUBLIC (INCLUDING THE RESIDENCES AND VISITORS TO 1001 WEST 46 STREET;AND (2)ALLOW THE CITY TO USE MANSION, LC'S LAWN AREA AS A PUBLIC SIDEWALK PEDESTRIAN ACCESS EASEMENT AREA. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager to have the Mayor and City Clerk sign and accept a permanent public easement between the City of Miami Beach and Mansion, LC for the purposes of installing and maintaining a public sidewalk along West 46th Street and North Michigan Avenue, a copy of which is attached hereto as Exhibit 1. ANALYSIS In 2015, the City received a complaint from residents regarding the status of the existing parking on the swale at the intersection of North Michigan Avenue and West 46th Street. The complaints included the line-of-sight at the intersection as well as the dirt and mud resulting from the parking on the unpaved surface. A field investigation indicated that parking was indeed occurring in the swale area with a portion of the vehicles extended into the street and over the public sidewalk. The Mansion, LC, owns the property located at 1001 West 46th Street. The property has frontage on West 46th Street as well as Michigan Avenue. City staff and the property owner have coordinated the development of a plan that defines and accommodates standard perpendicular parking along both street frontages. This plan requires the public sidewalk to be relocated from the public right-of-way onto the private property. Page 641 of 1017 In order to preserve the public's access to the public sidewalk in this neighborhood, the property owner is offering a five foot wide perpetual public easement for public sidewalk along both frontages. Attachment—Grant of Perpetual Easement with Exhibits CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager to have the Mayor and City Clerk sign and accept a permanent public easement between the City of Miami Beach and Mansion, LC for the purposes of installing and maintaining a public sidewalk along West 46th Street and North Michigan Avenue, a copy of which is attached hereto as Exhibit 1. Legislative Tracking Public Works ATTACHMENTS: Description ❑ Grant Easement Agreement w/Mansion Resolution (all attachments) ❑ Exhibit A ❑ exhibit B ❑ Exhibit C Page 642 of 1017 EXHIBIT 1 Prepared by and Return to: Eve A. Boutsis, Esq. City of Miami Beach 1700 Convention Center Drive Fourth Floor Miami, FL 33139 GRANT OF PERPETUAL EASEMENT (For a portion of 1001 West 46 Street,Miami Beach,Florida) THIS GRANT OF PERPETUAL EASEMENT (this "Easement Agreement") is made this day of , , by The Mansion Apartments, LC, a Florida limited liability company (the "Owner"), having its principal place of business at 3326 Mary Street, Suite 202, Miami, Florida, 33133 in favor of the City Of Miami Beach, a Florida municipal corporation (the "City"), having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida. WHEREAS, the Owner owns that certain property situated, lying and being in Miami-Dade County, Florida, located at 1001 West 46th Street, Miami Beach, Florida, and as more particularly described in Exhibit "A" attached hereto(the "Property"); and WHEREAS, the Owner has been parking within the City's right-of-way improperly and the City seeks to improve West 46 Street, to ensure proper parking and sidewalk, but there is not sufficient depth to the street to provide all the needed improvements; and WHEREAS, the Owner has agreed to grant to the City a perpetual easement for the purpose of providing public pedestrian access through and over a portion of the Owner's property lying North of the Northerly right-of-way line of West 46 Street and lying West of the Westerly right-of-way line of North Michigan Avenue, and which is more particularly described in Exhibit "B" attached hereto(the "Easement Parcel"); and WHEREAS, the City has agreed to allow Owner to use and construct on a portion of the City's right-of-way parking useable, by the public, including but not limited to the residents and visitor of 1001 46 Street, which parking plan is attached hereto under Exhibit"C;"and WHEREAS,the Owner desires to correct the parking issue, at Owner's sole cost and expense, by improving the Right-of-Way to create proper parking stalls, and to dedicate a portion of the Owner's Property into a sidewalk and provide the City with the Easement Parcel as a public pedestrian sidewalk. NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner by these presents hereby grants, sells, and conveys to the City, its successors and assigns, a perpetual easement on, in, and over the Easement Parcel for the purpose of providing public pedestrian access through and over the Easement Parcel. The Owner and the City further agree to the following: 1. The above recitals are true and correct in all respects and are incorporated hereto as if fully set forth herein. 2. The Owner shall (1) grant the City the Easement on the Easement Parcel; (2) enter into a maintenance agreement for the Easement Parcel; (3) expend funds necessary to prepare the plans for the Easement Parcel sidewalk and Parking Improvements along West 46 Street as delineated in Exhibit "C", at the Owner's expense; (4) commit to expend the funds to construct the Easement Improvements and the Parking Improvements at the Owner's expense. 3. The City agrees to allow Owner the right to use and construct on a portion of the City's right-of-way parking useable, by the public, generally, and by the by the residents and visitors of 1001 West 46th Street, Miami Beach, Florida, which parking plan is attached hereto under Exhibit"C". 4. The Owner hereby grants to the City its employees, contractors, or representatives and the general public, the permanent right and license for purposes of ingress and egress to and from the Easement Parcel for the purposes of inspecting, maintaining, repairing, and replacing the public sidewalks and all related public pedestrian improvements to be constructed on the Easement Parcel. The Owner hereby also grants the City the right to use and occupy the subsurface of the Easement Parcel for any utility or drainage or other use or purpose, including, without limitation, the right to construct, install, maintain and operate therein electrical, telephone, telegraph, telecommunication, gas, gasoline, sewer, water, and drainage fixtures and the Owner grants to the City the right to grant easements to third parties to do the same. 5. Following Owner's completion of the Right-of-way improvements and acceptance by the City identified in Exhibit C, the Owner shall have the sole responsibility and shall bear the total cost for the repair and maintenance of same, except for any repairs and maintenance arising from the gross negligence of the City or any successor thereto. 6. The Owner shall provide the same level of maintenance on the Easement Parcel (public sidewalk) and the improvements thereon and provide the same standard of maintenance required by the City for public sidewalks. The Owner shall also ensure and provide security for the Easement Parcel in the same manner as the City provides security for its public sidewalks. 7. The Owner shall maintain insurance on the Easement Parcel and Parking Improvements identified in Exhibit C, at all times as is reasonably customary for such property, and in any event with the minimum amounts as follows: a. Commercial General Liability: $1,000,000 per occurrence; $2,000,000 in the aggregate. b. Property: Full replacement value for any improvements within the Easement Area. Such insurance policies shall name the City as an additional insured and loss payee (with respect to property coverage) thereunder; shall be written by insurance companies licensed to do business in Florida and with general policyholder rating of no less than A- and a financial rating of at least VII; and shall contain a requirement that the insurer provide 30-days written notice to the City of any cancellation of coverage to the attention of Risk Manager, 1700 Convention Center Drive, Miami Beach, Florida 33139. The Owner shall provide the City with a certificate of insurance evidencing said coverages. 8. The Owner reserves unto itself, its successors and assigns, the perpetual right and privilege of: a. Unrestricted and pedestrian access to, over, across and in the Easement Parcel, provided that such use does not materially interfere with the continued use of the Easement Parcel as permitted herein by the City and the public; and b. Using and occupying, and granting to any parties providing utility service, telephone service and to other similar parties, the right to use and occupy the subsurface of the Easement Parcel for any utility or drainage or other use or purpose which does not materially interfere with the non-exclusive rights herein granted to the City, and its authorized invitees, agents, employees, guests lessees and licensees, including, without limitation, the right to construct, install, maintain and operate therein electrical, telephone, telegraph, telecommunication, gas, gasoline, sewer, water, and drainage fixtures. 9. The parties agree that in connection with each of their respective rights to install and maintain utilities in the subsurface of the Easement Parcel pursuant to this grant of easement, each party (i) shall notify the other of its intention to install, repair or otherwise maintain such utilities, (ii) shall cooperate fully with the other party and take such steps as may be necessary to insure that any such installation, maintenance or repair of said utilities will not interfere with the use or functioning of existing utilities, (iii) shall, to the extent feasible, integrate any proposed installation, maintenance or repair with any proposed work of a similar nature by the other party, and (iv) shall not unreasonably interfere with the use of the Easement Parcel by the other party as permitted under this grant of easement. 10. Owner covenants, warrants and represents that it is the fee simple owner of the Easement Parcel and has the right,title, and capacity to grant the perpetual easement granted herein. 11. This grant of perpetual easement shall inure to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the parties hereto, as applicable. 12. Modification, Amendment, Release. This easement may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner(s) of the Property, including joinders by all mortgagees, if any, provided that the same is also approved by the City Commission of the Miami Beach. The Owner's property contains an existing, nonconforming structure, which at some point may become obsolete and be demolished. Said structure, once demolished, with a properly issued building permit would have to comply with the then existing land development regulations, requiring compliance as to uses and structure size, location, etc. If the non-conforming structure is demolished and parking is no longer needed, the parties shall seek release of the easement by the City Commission, which release shall not be unreasonably denied. 13. Any notices required or permitted to be given under this Easement 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, City Hall 1700 Convention Center Drive Miami Beach, Florida 3313 Attn: City Manager, City Attorney If to Owner at: The Mansion, LC Manager: George Befeler 3326 Mary Street, Suite 202 Coconut Grove, Florida 33133 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. mails. The terms of this Section shall survive the termination of this Easement. 14. Construction. a. This Easement Agreement shall be construed and governed in accordance with the laws of the State of Florida. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Easement shall not be more strictly construed against any one of the parties hereto. b. In construing this Easement Agreement, the use of any gender shall include every other and all genders, and captions and section and paragraph headings shall be disregarded. c. All of the exhibits attached to this Easement Agreement are incorporated in, and made a part of,this Agreement 15. Indemnification. The Owner indemnifies and holds harmless and forever releases and discharges the City of Miami Beach, the Department, and the City's officers, employees, personnel and agents, from any and all liability, claim, damages or losses (including the costs of any suits, attorney's fees and other expenses in connection therewith, including trial and appeals therefrom) arising out of, or in connection with the event of an accident due to the construction of the improvements identified herein. 16. Severability. In the event any term or provision of this Easement Agreement be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or construed as deleted As such authority determines, and the remainder of this Easement shall be construed to be in full force and effect. 17. Litigation. In the event of any litigation between the parties under this Easement Agreement for a breach hereof, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate levels. The terms of this Section shall survive the termination of this Easement Agreement. 18. Time of Essence. Time shall be of the essence for each and every provision hereof. 19. Entire Agreement. This Easement Agreement, together with the documents referenced herein, constitute the entire agreement and understanding among the parties with respect to the subject matter hereof, and there are no other agreements, representations or warranties other than as set forth herein. This Easement may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 20. 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, excluding the financial inability of such party to perform shall excuse the performance by such party for a period equal to any such period of prevention, delay or stoppage. IN WITNESS WHEREOF, the undersigned has caused this grant of perpetual easement agreement to be executed by execution of this instrument as of this day of 2016. EXECUTION PAGES FOLLOW THE OWNER THE MANSION APARTMENTS,LC, a Florida liability company BY: Name: Title: Witnesses: Name: Name: STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) The foregoing instrument was acknowledged beforemethis day of 2016, by George Befeler, as the Manager of The Mansion Apartments, LC, a Florida limited liability company, on behalf of the company. He is personally known to me or has produced as identification and who did (did not) take an oath. NOTARY PUBLIC Typed or Printed Name of Notary My Commission expires: Serial No.,ifany:_ • WITNESSES: THE CITY CITY OF MIAMI BEACH, a Florida municipal corporation Attest: By: City Clerk Name: Mayor Philip Levine STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of , 2016, by Mayor Philip Levine, as Mayor of the City of Miami Beach, a Florida municipal corporation on behalf of such municipal corporation, who is personally known to me or has produced a driver's license as identification. Print or Stamp Name: Notary Public, State of Florida at Large Commission No.: My Commission Expires: APPROVED AS TO FORM & LANGUAGE & F R XECUTTION tO\A-VD City Attorney Date CONSENT The undersigned lien or, owner and holder of that certain Mortgage recorded in Official Records Book , at Page , of the Public Records of Miami-Dade County, hereby consents to the grant of easement rights as provided herein and subordinates the lien and effect of its security interest to this Easement Agreement and Easement Parcel. THE NORTHERN TRUST COMPANY BY: Name: Title: Witnesses: Name: Name: The foregoing instrument was acknowledged beforemethis day of 2016, by , as , on behalf of the company. He is personally known to me or has produced as identification and who did (did not) take an oath. NOTARY PUBLIC Typed or Printed Name of Notary My Commission expires: Serial No., Wary EXHIBIT "A" Folio: 02-3222-014-1570 Property Address - 1001 West 46th Street- Miami Beach, FL 33140-2836 Legal Description — Lot 13 of Block 15 of the subdivision plat of Nautilus Addition of Miami Bay Shore Co., according to the Plat thereof as recorded in Plat Book 8, Page 130 of the Public Records of Miami Dade County, Florida 4 „,,„,tI41P . iiT t *-4.Pa.' : - . k ' via I �2. r 46 r H s r4 :�” ol ...„,.. !lir , i - . ly"'t It W to :1 + s t 141,,, itaruir = ,,, • - f. -_i�Jr ° Z X ' ' .1.r i r` b Ur W • Z. 'a irFt. 'Ur . ‘ 14.4. .6* • V ; . mu, 9 96-EL0 190£1 XV3 108L-EL?NOV NVId 3115 9§ i WEE V019013'MVM 202 31115 3A1910 IIVON3X'N OIV11 i N$A d TETEE V 110)IIA"IWVIW r ONINNVId ONV1 0NI2i33N10N3 3nN3AV T3NOIn9 Tb4T g •V•d'S9ODVC 9 9I3NNO9'213 WOH j 0 'ONI `S3IVIOOSSV $ valnola'HOV3s Iwvlw t ggg$�y gp{p r� V VHOWVZ 133215 1-194 3AV NVOIHOIW erwd i 3 G 4 G L �` S1N3W.L VdV SNOISNVW W6 91 a 00[[C •• 0 5 g f 2 2„6 • p L l ws NW o s U 3 <$ 11 g 11 t` 3 ! 1 sw i • N Z vi r3 �s E E zo — so m Ell g€1 $_ g i i g • 0 • � J o a '� li3 a o W . 1- pa€ 44,5 1 ,. .jxm ea < F$fig n g .< «j zsa b; i it gl i 1 s gr .... 00 g .11 PS = a° A 5 gil iii $t xi$a gi 4 I r O °«� z._ N .+ . ,d m r. m Ig �3 / 1 13601Vd J0 330 11111 09311904 a0 3903 1100 WAY t11VOIHOII1t o '.m za-- II---�+./T.� NO UNA Wel.,1.131133 3 ^� 1 9,1rj4 1I11.1V 0111113 0l Dow.,mom mama ° — 1wr} _ _ m1 an1 QiOdOYd x1 Yd 1HM1Y 91110[3 Ol K s3lYnal�au1 o3wa9VS HuvN 0 © HOV3(.09) 58.530Vd5 11 0 0 '£-a I i 1 1 1N31•Wd!O 3903110(3 vvbb 1 0 �'-', off,• •o y."oo`�t oo.p."oo. 0000 iii oo.�`j.•: �o do - �� (Z4 0• •o•`=•oo 000 000.0000 00• /60000.•,,,,, ,�,Qp.'8� 000 i I:.`;^ o o 0.0.00.000.0000.000.0 0.000.00-• oo••:od:,000.7 lib p00•0 00•pppp0.00 •000 00 0 000 0,�V 000 . 000-•000. :\ @@ 1 .`3oo O o.•0 0o..00•�1.000.0000 000 00EO 000 , 000 00.7 ,, 3p 2 / r` ____ __4,.._,,-... qo 0 000•o.00•000•\., o•000•\oo- ao 1 oo 4.4. / ,'-7 i / r., 3v. *To -,':i70..?,, 1 rt:'. r stt,-'r• ...a ,: .r r ';',1404,1,,,,:::,-.4z e:" , 1 S I� I 7 i -�01.11.•._._.1.§..!-„i® '11 1 I [�1 li 5M 029 0E-51 i SO'IZ 'k,' CI,oo...•' rg r1 ! I i & vl ' ab'' - 1 3a 3 gg i 3� o I■IIIIPill' 'r''X10"v; W I��.0 3 i1Fy -a$iY sx * i7� I!ul!�■■�. oo• m •N ii . , I d 1 g 41;:..-,p s Io z i 6 x 5 :8°'� ■ -.IP'%"a•o o•` I � 'e� . 15 Z� 111%1Q a Y' °• d ym � 1 9991 8 0B°13 00'99 '''''."'''.0.0.0.;"'''••i 0•O'°d< A._ ■ ■ 01EL ■ ■ ■ l , 4 0 z . . . . DEL . Rile � °d �i `f e 1 .•.`98L 1r--.._ . .- .[691 �_- - -. e < .m. ._....._....._. II '!12 (1 I b I .O¢ bb Ir.' I 11 tn, g, 11g p bit 8 <8 tr a= m ills a a dh p g p� I 4 < • 3R� z3 m 1 'i 9 ill3 3 l a � In w 6 L' 411 / 1 ° F1 2 I . ..tEw �� fm 1� 01 M1 �� = e1W; e1 � �� 4,®� }„ e N 000000 yU SKETCH OF AN EASEMENT FOR PARKING aka PUBLIC EASEMENT FOR PUBLIC SIDEWALK. N 90°00'00"E 60.00' Northeast corner - of lot 13 n Point of Beginning. LEGAL DESCRIPTION: Lot 13,Block 15 NAUTILUS ADDITION of Miami Bay Shore Co.,according to the Plat thereof as recorded in Plat Book 8,at Page 130,of the Public Records of Miami Dade County,Florida. LOT 13, BLOCK 15 NAUTILUS ADDITION W of Miami Bay Shore Co. Z EASEMENTS LEGAL DESCRIPTION: "oo Plat Book 8-130. W 0 g Q Beginning at the Southwest corner of Lot 13,Block 15 of NAUTILUS ADDITION of CV O Z Miami Bay Shore Co.,according to the plat thereof as recorded in Plat Book 8,at 1,6 Page 130;thence North along the West side of said Lot 13,for 2.25 feet thence East W g ro o Q and along a line parallel to the South line of said Lot 13,for 45.37 feet to the g E 0 intersection with Southerly property line which is a not tangent point on a curve – _= concave to the Northwest having a Delta angle of 90°00'00",a Radius of 25 feet and w c* V CU an Arc of 39.27 feet;thence Southwesterly and along the arc of said curve for a 0 distance of 10.69 feet to the point of tangency in the South line of said Lot 13;thence 0 2 0 35.00 feet West along said South line of Lot 13,to the Point of Beginning. 0 Z ko AND Z 0 Beginning at a point in the East line of Lot 13,Block 15 of NAUTILUS ADDITION of Miami Bay Shore Co.,located 13.50 feet South of the Northeast corner of said Lot 13; thence West for a distance of 5.00 feet;thence South,along a line parallel to the East side of said Lot 13,a distance of 100.30 feet;thence East for a distance of 0.85 feet to the intersection with the Eastearly line of said Lot 13 which is a not tangent point at a curve having as its elements a delta angle of 90°00'00",a radius of 25 and an arc of 39.27 feet;thence Northeasterly and along said arc for 14.82 feet to the tangent pant of said curve;thence North and along the East line of said lot 13,for 86.50 feet to the Point of Beginning. \Tangent point Delta=90°00'00" Radius=25' PROPERTY ADDRESS: Are 14.67 1001 W 46 STREET, Arc=39.27' MIAMI BEACH, FLORIDA of Tangent point 0.85 2.25' 45.37' T —�a3Bment not Tangent point S°ut t; Work Request No. UNDERGROUND EASEMENT Sec.33, Twp 53 S, Rge 42 E (BUSINESS) This Instrument Prepared By Parcel I.D.02-3233-012-0390 Name: Brian T.Bellino,PSM (Maintained by County Appraiser) Co.Name: City of Miami Beach Address: 1700 Convention Center Dr Miami Beach,Fl.33139 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power&Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above-ground equipment) to be installed from time to time;with the right to reconstruct, improve, add to,enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: '=serve.for Circuit Court see Exhibit A attached Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20 . Signed, sealed and delivered in the presence of: City of Miami Beach, Mayor Philip Levine (Witness'Signature) By: Print Name: (Witness) Print Name: Print Address: (Witness'Signature) Print Name: (Witness) STATE OF AND COUNTY OF . The foregoing instrument was acknowledged before me this day of , 20_, by , the of a ,who is personally known to me or has produced as identification, and who did (did not) take an oath. (Type of Identification) My Commission Expires: Notary Public,Signature Print Name Page 576 of 906 ■ • • y . v y „ SUNSET HARBOUR DR. 20 ST.Y" 4 I� > r7 .'Y / x O�J�� II.ST. 18 ST. i H _ fll S7. — LOCATION SKETCH NOT TO SCALE LEGAL DESCRIPTION BEING AN EASEMENT LYING IN A PORTION OF LOT 8, BLOCK 15, "ISLAND VIEW SUBDIVISION"ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 6, PAGE 115,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA,ALSO LYING IN A PORTION OF SECTION 33,TOWNSHIP 53 SOUTH, RANGE 42 EAST,LOCATED IN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY,FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 9,BLOCK 15,ACCORDING TO SAID PLAT OF"ISLAND VIEW SUBDIVISION"'; THENCE S01°59'45"E,ALONG THE WESTERLY RIGHT OF WAY LINE OF PURDY AVENUE(RIGHT OF WAY BEING 70 FEET IN WIDTH),A DISTANCE OF 164.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S01°59'45"E, ALONG SAID WESTERLY RIGHT OF WAY LINE,A DISTANCE OF 10,33 FEET; THENCE N77°33'35"W A DISTANCE OF 13.20 FEET; THENCE N70°27'34"W A DISTANCE OF 19.30 FEET; THENCE N77°53'52"W A DISTANCE OF 19.62 FEET; THENCE • N84°01'20"W A DISTANCE OF 11.91 FEET; THENCE N73°06'59"W A DISTANCE OF 17.55 FEET; THENCE N85°03'46"W A DISTANCE OF 15.48 FEET; THENCE NO3°52'48"E A DISTANCE OF 12.50 FEET; THENCE S85°03'46"E A DISTANCE OF 29.51. FEET; THENCE S03°52'48"W A DISTANCE OF 5.22 FEET; THENCE S73°06'59"E A DISTANCE OF 4.51 FEET; THENCE . S84°01'20"E A DISTANCE OF 11.49 FEET; THENCE 577°53'52"E A DISTANCE OF 20.80 FEET; THENCE S70°27'34"E A DISTANCE OF 19.33 FEET; THENCE S77°33'35"E,TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF ' PURDY AVENUE,A DISTANCE OF 10.01 FEET TO THE POINT OF BEGINNING. CONTAINING 1,065.4 SQUARE FEET MORE OR LESS. 1 SURVEYOR'S NOTES: CERTIFICATION: 1, THE SKETCH IS NOT A BOUNDARY SURVEY. THIS NOTE IS REWIRED BY RULE 5J-17.053(5)(b) FAC I HEREBY CERTIFY: THIS "LEGAL DESCRIPTION AND a 2. BEARINGS SHOWN HEREON ARE BASE UPON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE NAD SKETCH" IS TRUE AND CORRECT TO THE BEST OF i 1983/90, REFERENCED TO THE WESTERLY RIGHT—OF—WAY LINE OF PURDY AVE. WHICH IS ASSUMED TO BEAR MY KNOWLEDGE AND BELIEF, AS DESCRIBED AND 501'59'45"E. DRAWN UNDER MY DIRECTION, AND THAT IT MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE • 3. THE LEGAL DESCRIPTION AND SKETCH OF WAS PREPARED PI Y THE SIGNING SURVEYOR. HOWEVER IT IS BASED FLORIDA BY THE FLORIDA STATE BOARD OF UPON AND INTEGRATED WITH THE BOUNDARY AND TOPOGAPHIC SURVEY FOR MAURICE GIBE MEMORIAL PARK PROFESSIONAL SURVEYORS AND MAPPERS IN PROJECT. CHAPTER FJ-17 FLORIDA ADMINISTRATIVE CODE, , 4. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A PURSUANT TO SECTION 472.027 FLORIDA STATUES. FLORIDA LICENSED SURVEYOR AND MAPPER. +. 2 5. THE LEGAL DESCRIPTION AND SKETCH OF DESCRIPTION IS NOT FULL AND COMPLETE WITHOUT SHEETS L-1 `-11 ART VOZB"kG THROUGH L-2. BRI BELUNO DATE i CITY SURVEYOR MANAGER PROFESSIONAL SURVEYOR AND MAPPER N0,4973 • • THE LEGAL DESCRIPTION AND THE SKETCH OF DESCRIPTION IS NOT • FULL AND COMPLETE WITHOUT ALL 1 AA SHEETS (L-1 THROUGH L-2.) I1\�/j\y I, �{ ( B EACH ACCEPTED BY: REVISED TITLE EXHIBIT A 'FPL EASEMENT L-1 PUBLIC WORKS DEPARTMENT MAURICE GIBB MEMORIAL PARK LIBRA 1700 CONVENTION c�ten oars,MIAMI BEACH,PL.mf30 BRIAN T.BELLING --Page 177 of 4 _ CITY SURVEYOR I P.O.C. ±....) f , NORTHEAST CORNER LOT 9, BLOCK 15 ISLAND VIEW SUBDIVISION LOT 9 8 531 rui4 �C CD O c til BLOCK 15 °• )-( ISLAND VIEW SUBIVISION m (P.B. 6, PG. 115, M.D.C.R.) tr7 0 585'03'48"E S03'52'48"W 5.22' \ 29.51' Y o S73'06'S9"E 4.51' h i:I S84'0130"E z / 11.49' ,77.53.5 t` ?0.802 E N85'S0.48 sw N73o EASEL", 1056 '9,0.g X34 /z5591N 4 SQ, riT ,70.0 03335 P.O.B..• N84'01'20"►y 1, 11.91' N7p5352 19.82 "W• N70• o ui , ? m N 4 4 19403'41V i C. CR j' 3335 rt 81 LEGEND 13 40, If R A ARC LENGTH LOT S CENTER LINE (C) CALCULATED DIMENSION CB CD CHORD BEARING CHORD DI MAURICE GIBB MEMORIAL PARK , SUNSET t RBOUR as (20 18 ANGLE g D CENTRAL ANGLE O.R.B. OFFICAL RECORD BOOK y PG. PAGE Std P.B. PLAT BOOK *,t (P) PLAT DIMENSION ff P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT ©� PI POINT OF INTERSECTION R RADIUS R/ RIGHT OF WAY ' yy SKETCH OF DESCRIPTION KEY MAP SCALE:1"=20' (8.5"X11" SHEET) NOT TO SCALE THE LEGAL DESCRIPTION AND THE SKETCH OF DESCRIPTION IS NOT FULL AND COMPLETE WITHOUT ALL SHEETS(L-1 THROUGH L-2.) ACCEPTED BY: REVISED T1TLE EXHIBIT A MIAMI BEACH > XX>< FPL EASEMENT L-2 a PUBLIC WORKS DEPARTMENT o 5TQ of 9 1700 CONVENTION CENTER DRIVE,NINA L�910 BE/OR F0 BRIAN T.BELLINO P390 g6IAURICE GIBB MEMORIAL PARK EXHIBITA CITY RI IRVFYOR _ • • SKETCH OF AN EASEMENT FOR PARKING aka PUBLIC EASEMENT FOR PUBLIC SIDEWALK. N 90°00'00" E 60.00' Northeast corner of lot 13 '0 o Point of Beginning. 5' LEGAL DESCRIPTION: Lot 13,Block 15 NAUTILUS ADDITION of Miami Bay Shore Co.,according to the Plat thereof as recorded in Plat Book 8,at Page 130,of the Public Records of Miami Dade County,Florida. LOT 13, BLOCK 15 NAUTILUS ADDITION W of Miami Bay Shore Co. Z EASEMENTS LEGAL DESCRIPTION: Plat Book 8-130. W u j 6 o - Beginning at the Southwest corner of Lot 13,Block 15 of NAUTILUS ADDITION of o Miami Bay Shore Co.,according to the plat thereof as recorded in Plat Book 8,at O Z W O the 130;thence North along the West side of said Lot 13,for 2.25 feet;thence East W ° m Q and along a line parallel to the South line of said Lot 13,for 45.37 feet to e O °o E o intersection with Southerly property line which is a not tangent point on a curve o — W o I I concave to the Northwest having a Delta angle of 90°00'00",a Radius of 25 feet and ow * U U an Arc of 39.27 feet:thence Southwesterly and along the arc of said curve for a distance of 10.69 feet to the point of tangency in the South line of said Lot 13;thence o p O 35.00 feet West along said South line of Lot 13,to the Point of Beginning. o o ZoAND z o Beginning at a point in the East line of Lot 13,Block 15 of NAUTILUS ADDITION of Miami Bay Shore Co.,located 13.50 feet South of the Northeast corner of said Lot 13; thence West for a distance of 5.00 feet;thence South,along a line parallel to the East side of said Lot 13,a distance of 100.30 feet;thence East for a distance of 0.85 feet to the intersection with the Eastearty line of said Lot 13 which is a not tangent point at a curve having as its elements a delta angle of 90°00'00",a radius of 25 and an arc of 39.27 feet;thence Northeasterly and along said arc for 14.62 feet to the tangent point of said curve;thence North and along the East line of said lot 13,for 86.50 feet to the Point of Beginning. Tangent point Delta=90°00'00" Radius=25' PROPERTY ADDRESS: Arc=14.67 Arc=39.27' 1001 W 46 STREET, ot Tangent point MIAMI BEACH, FLORIDA 2.25' 0.85' \ _ _ 45.37' _ basement of Tangent point Southwest comer S 90°00'00"W 35.00' Arm 10.89' of Beginning. Tangent point W 46TH STREET 60'RIGHT OF WAY /r CARLOS SILVA P.S.M. ( 5/20/2016 11010 SW 140TH AVENUE SILVA MMMI PIA 33186 PROFESSIONAL SURVEYOR&MAPPER P& (305) 388-4098 CERACA1E No 3630 PAX. (305) 388-4098 STA7E OF FLORIDA 4/25/2016 Page 579 of 908 1 I 0106-£!2 150£1 X03 IOaL-£L2 I50£1 NV1d 31IS o 0 N 9[I££ V0IN01d In1030 20£ 311fS 30130 11V0N3O N Ol0 TEIEE tlO0101d"IWVIW a o - 0NINNtlId 0NV1 ONIH33NI'JN3 a 3f1N3AV 113)10019 IPPI $ a '3NI `S3IVIOOSSV 'R tl'd'S900VC"V 113NNO9'113WOH 3oQZg� >' 30 �, Vai1101d'H0V391WVIW W=8 X 1" V VaowV 133015 11.90 V'3AV NVOIHOIW sua< g Z SIN3W111VdV SNOISNVI. 4aa WN M u$ a A W m-z € > u a . Y y u E e, V. 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