Easement Agreement with Lake Beach Club Condominium Association, Inc.This Instrument Prepared
by and return to:
Raul J. Aguifa, City Attorney
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
A portion of Folio Number. 02- 3226 -021 -0001
SPACE ABOVE THIS LINE FOR PROCESSING DATA
Easement Agreement
This Easement Agreement ( "Agreement ") is made this day f z7 , 2018,
by and between Lake Beach Club Condominium Association, Inc., a Florida not for profit
corporation whose address is 2600 Collins Ave., Unit 203, Miami Beach, FL 33140 ( "Grantor")
and City of Miami Beach, Florida, a municipal corporation organized and existing under the laws
of the State of Florida, whose address is 1700 Convention Center Drive, Miami Beach, Florida
33139 ( "Grantee ") (Grantor or the Grantee or may be referred to herein individually as a "party"
or collectively as "parties ");
WHEREAS, pursuant to Florida Statutes Section 718.111(10), Grantor has authority to
enter into this Agreement and to grant a perpetual, non - exclusive easement on the real property
located in Miami -Dade County, legally described in Exhibit "A" attached hereto (the
"Property "):
WHEREAS, the Property abuts Lake Pancoast (the "Waterbody ") and includes the area
containing a seawall that is adjacent to the Waterbody (the "Seawall Area ");
WHEREAS, Grantee is replacing seawalls and elevating roadways along the Waterbody
to benefit Grantor and other property owners abutting the Waterbody whose land is subject to
inundation during certain tidal events; and
WHEREAS, Grantee needs access to and use of the Property in connection with the
development of Public Related Uses (As defined in Section 3), which, at minimum, will include
the construction of a new seawall ( "New Seawall "), as may be upgraded from time to time by
Grantee for the protection of the health, safety or welfare of the general public, (collectively, the
"initial City Improvements "); and
WHEREAS, Grantor has agreed to grant a perpetual, non - exclusive access and use
easement to Grantee in, on, over, through and across the Property, including riparian rights and
public access; and
WHEREAS, Grantor requests that Grantee, and Grantee hereby agrees to, construct,
install and maintain the initial City Improvements, which will include the demolition of the
existing seawall; and
1
WHEREAS, the City Manager as referenced in this Agreement shall mean the chief
executive officer of the City or such person (the City Manager's designee) as may from time to
time be authorized in writing by such administrative official to act for him with respect to any or
all matters pertaining to the administration of this Agreement on behalf of the City, except where
such authority has been expressly delegated herein to the City Commission.
NOW, THEREFORE, for and in consideration of the mutual covenants, benefits and
agreements of the parties and the sum of Ten and No /100 Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein as part of
this Agreement.
2. Grant of Easement.
a. Grantor hereby grants, bargains, sells and conveys to Grantee, its successors
and assigns, for use by Grantee, its employees, agents and contractors, and
representatives and licensees, a perpetual, non - exclusive access and use
easement in, on, over, through and across the Property, legally described in
Exhibit °A ", in connection with the construction, installation, operation, repair,
replacement, upgrade and maintenance of City Improvements (as defined in
Section 4) and the operation of Public Related Uses (As defined in Section 3),
subject to the terms and conditions set forth herein. The easement rights include
rights to all riparian rights, as may be required under applicable Laws and any
governmental authority (including the Board of Trustees of the Internal
improvement Trust Fund of the State of Florida) having jurisdiction over the
Property or the sovereign lands located adjacent thereto, to construct, install,
repair, replace, upgrade or maintain the New Seawall or any future seawall
developments. Additionally, the easement rights shall permit Grantee, its
employees, agents and contractors and representatives and licensees to survey,
mobilize, excavate, demolish, construct, inspect, store materials and equipment,
install utilities, and take all other actions on the Property necessary to develop
City Improvements or operate Public Related Uses.
b. Public Access Easement. Grantor hereby grants, bargains, sells and conveys to
Grantee, its successors and assigns, for use by members of the general public, a
perpetual, non - exclusive access and use easement in, on, over, through and
across the Property, in connection with the general public's use of the City
Improvements or Public Related Uses developed on the Property.
3. Public Related Uses. As referred to herein, Public Related Uses shall include, without
limitation, a seawall/retaining wall, flood mitigation elements, lighting or any other use
which Grantee, in its reasonable discretion, deems necessary for the protection of the
health, safety or welfare of the general public.
4. City Improvements, Grantee will have the right to construct, install, operate, repair,
replace, upgrade and maintain, at its sole cost and expense, improvements in
connection with any Public Related Uses (the "City Improvements "),
2
5. Grantee Obligations, Grantee will cause plans and specifications to be prepared for any
construction work related to the installation of any City Improvements (collectively the
"Work ") and obtain any and all governmental permits and approvals required in
connection with the Work (the "Permits "). Grantor will approve said plans and
specifications (the "Approved Plans "). Grantor shall not withhold, condition or delay the
approval of the plans and specifications relating to the Work. Upon completion of the
Work, Grantee will accept ownership of the City Improvements, and will assume the sole
responsibility to maintain the City Improvements in a good and safe condition and to
repair and/or replace same as necessary from time to time, all in accordance with the
Permits and any and all federal, state and local laws, rules, ordinances, and regulations
(collectively, the "Laws ") applicable thereto, Notwithstanding the foregoing, should
Grantor develop a dock or any other marine related use or improvement contiguous to
the Seawall Area, Grantor will thereafter assume the sole responsibility to maintain the
New Seawall in a good and safe condition and to repair and/or replace same as
necessary from time to time, all in accordance with the Permits and any and all Laws
applicable thereto.
6. Grantee's responsibility with respect to the installation of any City Improvements shall
include the construction and installation of such City Improvements in accordance with
the Approved Plans and Permits and, upon completion of the City Improvements, the
repair, replacement and maintenance of the constructed City Improvements; it being
understood and agreed that (i) Grantee makes no warranty regarding the City
Improvements, and (ii) Grantor disclaims any and all implied warranties of
merchantability and fitness, fitness for a particular purpose, intended use, workmanship
or construction respecting the City Improvements, imposed by statute, case law or
otherwise.
7. Grantor Obligations. At all times prior to completion of the Work, Grantor will cooperate
and provide support to Grantee in connection with the Work, including, without limitation,
by executing, or causing to be executed, within five (5) business days of a request from
Grantee, any application or other documentation (in recordable form if necessary)
necessary to connection therewith. In furtherance thereof, Grantor hereby grants the
Grantee a power of attorney to execute and submit all such applications and
documentation required by any governmental authority (including the Board of Trustees
of the intemal Improvement Fund of the State of Florida) having jurisdiction over the
Property or the sovereign lands, which may be necessary to obtain the Permits and
perform the Work in accordance with the Approved Plans.
8. Access. Grantor shall not withhold or obstruct Grantee's access to the Property, City
Improvements or Public Related Uses through the installation of a fence or any other
means.
9. Amendment. This Agreement may only be modified, amended, terminated or released,
by a recordable instrument executed by both parties hereto or their successors or
assigns, and providing that same is approved by the City Commission.
10. Inspection. It is understood and agreed that any City official has the right to enter and
investigate the Property, to verify compliance with the conditions of this Agreement or
any applicable Laws.
3
11. Indemnification. Grantor, and its successors and assigns, expressly agrees to save,
defend, indemnify and hold harmless Grantee, its employees, agents and contractors
(collectively, "Grantee Indemnified Parties "), from and against any and all loss, liability,
damages, claims, costs, attorneys' fees and expenses (collectively, "Losses "), arising
out of or relating to Grantor's negligent or wrongful acts.
In consideration of this Agreement, Grantee, its successors and assigns, to the extent
allowable by law, and subject to the limitation on Grantee's liability, as set forth in
Section 768.28, Florida Statutes, expressly agrees to save, defend, indemnify and hold
harmless Grantor, its employees, agents and contractors (collectively, "Grantor
Indemnified Parties "), from and against any and all Toss, liability, damages, claims, costs,
attorneys' fees and expenses (collectively "Losses "), arising out of or relating to the
Grantee's negligent or wrongful acts. Additionally, nothing contained in this Agreement
shall be deemed a waiver of sovereign immunity by the Grantee.
12. 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 Grantor at:
With a copy to:
If to the Grantee at:
With a copy to:
Lake Beach Club Condominium Association, inc.
2600 Collins Ave., Unit #203
Miami Beach, FL 33140
City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Attomey
Notices personally delivered or sent by overnight courier, or mailed in accordance with
the foregoing shall be deemed given upon receipt. The terms of this Section shall
survive the termination of this Agreement.
13. Remedies. The terms of this Agreement may be enforced by injunctive relief and any
other available remedies. In any action at law or in equity between the parties
occasioned by a default hereunder, the Prevailing Party shall be entitled to collect its
reasonable attorneys' fees actually incurred in the action from the non - prevailing party at
trial and all appellate levels. As used herein, the term "Prevailing Party" shall mean the
party who receives substantially the relief sought.
4
14. Governing Law. This Agreement shall be governed by, and construed in accordance
with, the laws of the State of Florida. The exclusive venue for any litigation arising out of
this Agreement shall be Miami Dade County, Florida. BY ENTERING INTO THIS
AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRiAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
15. Entire Agreement. This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof and supersedes all prior agreements,
understandings and arrangements, both oral and written relating to the subject matter
hereof.
16, Grantor Representations. Grantor covenants, warrants and represents (i) that Grantor
has the authority to grant the perpetual easements granted herein, and (11) there are no
lienholders on the Property.
17. Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created under the terms of this Agreement
are appurtenant to the Property. The provisions of this Agreement shall constitute
covenants running with the land, shall be binding upon the parties hereto, their
successors and assigns, and shall inure to the benefit of the Grantee, its successors
and/or assigns.
18. Miscellaneous. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original. The parties to this Agreement have participated in
the negotiation of this Agreement and have been represented by legal counsel (or have
been afforded the opportunity to do so and have declined). Accordingly, this Agreement
shall not be construed more strictly against any one of the parties hereto. The paragraph
headings in this Agreement are for convenience only, shall in no way define or limit the
scope or content of this Agreement, and shall not be considered in any construction or
interpretation of this Agreement or any part hereof. With respect to words used in this
Agreement, the singular shall include the plural, the plural the singular and use of any
gender in this Agreement shall include all genders. Enforcement of the terms and
provisions of this Agreement shall be at the reasonable discretion of the aggrieved party,
and no waiver of any of the provisions of this Agreement shall be effective unless it is in
writing, signed by the party against whom it is asserted and any such waiver shall only
be applicable to the specific instance in which it relates and shall not be deemed to be a
continuing or future waiver. The Grantor agrees to execute such further documents as
may be reasonably requested by Grantee to carry out the intent and purpose of this
Agreement. The invalidation of any one of the covenants or provisions of this
Agreement by judgment or court order shall in no way affect any other provisions hereof,
which shall remain in full force and effect to the maximum extent possible, consistent
with such invalidation.
[Signature Pages Follow]
5
Signed, witnessed, executed and acknowledged this day of , 201Z.
Signed, sealed and delivered
in the presence of:
nesses:
STATE OF FLORIDA }
) ss:
COUNTY OF MIAMI -DADE j
Lake Beach Club Condominium Association, Inc.,
a Florida not for profit corporation.
By:
Print Name: /"! 7 e ke1 & /la if i rt.
eaaetil
Title:
The foregoing ins i ment was acknowledged
201f by CA lt``.' (.1 iii
behalf of ,„rte " -y.:. j, (.10.. (441/ .> - s'
me or who has produced
My Commission Expires:
before me :IC day of
.as _me
,on
_, who is personally, knc)wn to
as
fientification.
Nota
LYNN W. BERNSTEIN
. ; MY COMMISSION # GG 136559
EXPIRES; UO4;11 1.25, 2021
Bonded ?Nu No Puhlb lluforwrilam
Public, State pf Florida
6
Signed, witnessed, executed and acknowledged this - -2-day of FV-bct vt 7 , 2018,
Signed, sealed and delivered
in the presence of:
Witnesses:
I
Print Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI -DADE )
City of Miami Beac
a Flon i a municipal ' • rporation
By:
Ji
y L • rales, City Manager
The foregoing instrument was acknowledged before me this day of
e 1;r\ 2018 by Jimmy L. Morales and Rafael E. Granado, as City Manager and City
Clerk, res ttiitely, of the City of Miami Beach, a Florida municipal corporation, who are
personally known o me or who have produced 7) as entification.
My Commission Expires:
I _ � FERNANDA SILVA
MY COMMISSION t' FF 155332
t; a'•; EXPIRES: August 2 ?, 2015
Bonded Thru Notaly Pub c undelwrit
Easement- updated 12 -21 -2017
7
/ )
Nota ' ublic, State ofFloida `
APPROVED AS TO
FOR GUAGE
UTION
City Attorney
c
Dote
PS
The "Reserved Property" for Out Lot 2 and Out Lot 3, as defined in that certain
Corrected Quit -Claim Deed, dated December 3, 1981, recorded on July 18,
1984, in Official Records Book 12209, at Page 1979, of the Public Records of
Miami -Dade County, Florida (Said Corrected Quit -Claim Deed attached hereto).
I8 *I1 :49 4 8220 106
! 220 ➢c'l 979
CORRECTED
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED, executed this q" day of ,{ ahl ,
1981, by A AMERICKWT&ITY DEVELOPERS, INC., a Florida corporation,
and MICHAEL A. BANK, Trustee, Grantors, to the CITY OF MIAMI
BEACH, whose poet office address is 1700 Convention Center Drive,
Miami Beach, Florida, Grantee (wherever used herein the terms
"Grantor" and "Grantee" shall include singular and plural, heirs,
legal representatives, and assigns of individuals and the succes-
sors and assigns of corporations, wherever the context so admits
or requires) .
WHEREAS, on September 5, 1980, AMERICAN EQUITY
DEVELOPERS, INC., did make and record a Quit -Claim Deed to the
CITY OF MIAMI BEACH of certain property more specifically set out
at ORB 10898 at Page 372 of the Public Records of Dade County,
Florida; and
WHEREAS, the legal description contained in said Deed
did not, in fact, convey all of the property sought to be trans-
ferred to the City by AMERICAN EQUITY DEVELOPERS, INC; and
WHEREAS, subsequent to said transfer, adjacent property
has been transferred by Special Warranty Deed from AMERICAN
EQUITY DEVELOPERS, INC., to MICHAEL A. BANK, Trustee; and
WHEREAS, AMERICAN EQUITY DEVELOPERS, INC., and Michael
A. Bank, Trustee wish to correct the legal description of the
property transferred to the City of Miami Beach and to reaffirm
the quit -claim transfer previously made and intend, by this
Corrected Quit -Claim Deed to do so;
WITNESSETH, that the said Grantors, for and in con-
sideration of the sum of $10.00, in hand paid by the said
Grantee, the receipt whereof is hereby acknowledged, do hereby
remise, release and quit -claim unto the said Grantee forever, all
the right, title, interest, claim and demand for the said
Grantors in and to the real property described in Exhibit "A"
attached hereto and incorporated herein by reference ( *Property ")
1—� 4/5" SURTAX Documentlry Stereos Collected
$ o.
0444 CCYIII) rMCA," IIIp*" 0641111•1 441
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IIRIMIERG. r.:••■
11101P, QYENPEi. & ..�.c.. r. n
1401 I00MII Ave,*
&4m1, PlMrae 33131.
l,'. C lot/
Rrcner0 P. !lunar
C1.14, Circuit Z Count, Court'
wh ch -- -Try is lying and being in the County of Dade, State of
Florida, subject to the reservations and restrictions contained
herein.
The Grantors reserve and except from the Property des-
cribed in Exhibit "A" that portion of said Property containing
the bulkhead or seawall adjacent and contiguous to Lake Pancoast
( "Reserved Property "). In those areas of the Property adjacent
and contiguous to Lake Pancoast not presently bulkheaded or con-
taining a, seawall, Grantors ftserve and except from the Property
a one foot strip thereof directly adjacent and contiguous to Lake
Pancoast (as measured perpendicular to or radial to the westerly
boundary of 'such ^property) and said property shall be considered
as part of the Reserved Property noted above. This reservation
shall be in favor of the Grantors, their successors and assigns
and any parties, as well as their heirs, successors and assigns
who purchase a condominium unit which is or might be constructed
on any portion of the real property described in Exhibit "B"
attached hereto and incorporated herein by reference. The
Grantors further reserve to themselves and all of the afore-
mentioned parties a perpetual non - exclusive reservation of a14 i
the riparian and littoral rights appurtenant to the Reserved
Property. For purposes hereof and to further describe the
Reserved Property above - noted, reference is hereby made to that
certain sketch of survey prepared by Biscayne Engineering Co.
under Order No. 56019 and dated June1 16, 1980, by Registered
Surveyor No. 3371, a copy of which is on file in the Public
Records of the City of Miami Beach, Florida.
Grantors recognize and agree that at some time in the
future Grantee may require the use of a reasonable portion of
said bulkhead or seawall or other portions of the Reserved
Property for public marine related purposes. Grantors agree to
accommodate such a request by Grantee to the fullest extent
reasonably possible without unreasonable interference with rights
of others to said seawall existing at the time of said request.
12209 ,� 198 I
The parties will mutually agree upon a suitable location for said
facilities for City use.
By acceptance of this Quit -Claim Deed the Grantee.here-
with a rees, on behalf of itself, its successors and .assigns, to
refrain from erecting any fences or walls on the Property con-
veyed hereunder and Grantee further agrees not to construct or
place any structure or buildings on said Property that would
obstruct free and clear access of Grantors, their successors,
assigns and condominium unit purchasers. Grantors recognize and
agree that Grantee may construct and install structures that are
conducive to the zoning classification of the property (MD -1)
such as benches, bicycle rests, sidewalks or access to water taxi
stops on other City owned properties, but said installations or
structures shall not unreasonably restrict Grantors' access to
and through the property.
The Grantors herewith reserve a perpetual easement for
itself, its
condominium
Exhibit
successors and assigns and all parties who acquire a
&_
unit located on any portion of property described on
over and across any portion of the Property in order
to the Reserved Property, which easement shall
with the land, and shall grant the parties bene-
to have access
perpetually run
fitted by the easement the right of ingress and egress to the
Reserved Property and shall further grant said parties the right
to maintain and install additional bulkhead or seawall, lighting
fixtures, and permitted signs on said Property.
Grantors, on behalf of themselves, their successors and
assigns, do hereby agree to maintain the existing seawall or
bulkhead presently on the Property at their own cost and expense
in substantially its present condition. In the event, however,
Grantee utilizes any portion thereof for marine or other related
purposes, the Grantee shall be responsible for seawall or bulk-
head maintenance of the part thereof.
TO HAVE AND TO HOLD the same together with all and
singular the appurtenances thereunto belonging or in anywise
- 3 -
t 12209 Pc 1582
appertaining, and all the estate, right, title, interest, lien,
equity and claim whatsoever of the said GRANTORS, either in
law or equity, to the only proper use, benefit and behoof of the
said Grantee forever.
IN WITNESS WHEREOF, the said Grantor has signed and
sealed these presents the day and year first above written.
Signed, sealed and delivered AMERICAN EQUIY DEVELOPERS, in
INC.
the Presence of:
STATE OF FLORIDA
SS
COUNTY OF DADE
•
BERNARDO BATIEVSKY, Pre ident
MICHAEL A. BANK, Tr tee
I HEREBY CERTIFY that on this date, before me, an
officer duly authorized in the State of Florida and in the County
aforesaid to take acknowledgements, personally appeared BEIti7ARDO
BATIEVSKY, as President of AMERICAN EQUITY DEVELOPERS, INC., a
Florida corporation, to me known to be the person described in
and who executed the foregoing instrument and he acknowledged
before that he executed the same on behalf of said corporation.
WITNESS my hand and official seal in the County and
State last aforesaid this '7'1L day of i)r -:(.4t rir')ttt, 1981.
4
My Commission expires:
Notary Pu4.',ic, State of F;:rids
Mr tommiui:n E- ;ct Nor. 30. 1984
$..3.4 I w 1.., Ilia • Ief:+.K.. IeC•
- 4 -
P� � Nan •U : .
rTARY PUBLIC t•'!441/4.1-', v a
,.Iran Oils '. •
LAW OtreCL3.6RCENRERG•/RAUR+6 A!PCW .,c a vet.; .: +Cr' C•,&•••[: &
STATE OF FLORIDA
COUNTY OF DADE
)
SS
12209 'c1983
n
I HEREBY CERTIFY that on this date, before me, an
officer duly authorised in the State of Florida and in the County
aforesaid to take acknowledgements, personally appeared MICHAEL
A. BANK, as Trustee
lamliammismismimmoulliMIS who executed the foregoing
instrument and he acknowledged before that he executed the same.
WITNESS my hand and official seal in the County and
State last aforesaid this 30 day of 1Lay:12 , 1981.
My Commission expires:
My Com;::is.i:cr
...... :J U34
- 5 -
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S'HlE0E \.
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..
ALSO
OUTLOT "1"
The outlots on the western side of Collins
Avenue lying between the north and south
boundaries of Lots 1, 2, 3, 4 and 5 in Block
5 of the AMENDED PLAT OF THE OCEAN FRONT
PROPERTY OF THE MIAMI BEACH IMPROVEMENT
COMPANY according to the plat thereof
recorded in Plat Book 5 at Pages 7 and 8, of
the Public Records of Dade County, Florida
OUTLOT "2"
TOGETHER WITH the outlots which are opposite,
but not including, the premises more
specifically described as:
"Lots '1,and 12; and the South 25 feet of
Lots `2 and 11 (meaning thereby, that
portion of Lots 2 and 11 which is
bounded on the South by the South line
of said Lots 2 and 11 and is bounded on
the North by a line which is parallel to
and is 25 feet North of the said South
line of said Lots 2 and 11, which
Northerly boundary line is extended from
the East line of said Lot 2 (Collins
Avenue) to the West line of said Lot 11
(Indian Creek Drive); All in Block 7 of
the OCEAN FRONT PROPERTY OF THE MIAMI
BEACH IMPROVEMENT COMPANY, a subdivision
of Dade County, Florida, according to
the plat thereof, recorded in Plat Hood
5, at Pages 7 and 8, of. Public
Records of Dade County, Florida;
Said outlots being on the west side of
Indian Creek Drive, which said outlots
are bounded on the north by a line which
is 25 feet north of the north lines of
said Lots 1 and 12, and which is
parallel to the said north line of said
Lots 1 and 12, 4nd which is extended
westwardly to Lake Pancoast; and the
said outlets are bounded on the east by
the west line of Indian Creek Drive, and
they are bounded on the> south by a line
which is the continuance of the West
line of said Lot 1 extended in a
straight line southerly to Lake
?ancoast, and they are bounded on the
west by Lake ? ancoast; together with any
and all riparian rights which may be
appurtenant thereto; 9
EXHIBIT "A" TO CORRECTED QUIT -CLAIM
DEED
N
LAW Oi?ICCS ORCCN•t G.TRAURIG. A$' CW. AQPPMAN. LIPOrP. QUCNT CL 6 WOL,r. P
s RICRCLL CONCOURS. ■•01 _.RICRCLL AVENUE. MIAMI, PLOPIDA 33{31 • TCLCP.ONC . acs, 579.030C
12209 Pt I S85
All of that land lying south of 26th
Street and betwen 26th Street and Lakt
Pancoast, described as follbws: Begin at
a point. which is the southwesterly
corner of Collins Avenue and 26th
Street; and thence run westerly along
the southerly line of said 26th Street
to a point lying southerly of the west
line of Lot One (1), Block Seven (7)
aforesaid,s; said point beive. the same
point to be reached if':themosiest line of
Lot One (1), Block Seven, (7), aforesaid.
was extended southerly across 26th
Street; thence run southerly from the
southerly boundary line of said. 26th
Street along the west line of said Lot
One (1) , Block Seven (7), extended
southerly to the waters of Lake
Pancoast; thence run in a general south-
easterly direction, meandering the shore
of said Lake Pancoast to a point which
is the intersection of the said shore-
line of Lake Pancoast with a line
running southwesterly from the r.outh-
westerly corner of Collins Avenue and
26th Street; thence run in a north-
easterly direction along the last
mentioned straight line to the point of
beginning; as said street, avenue, line
and property are shown on the Amended
Map of the OCEAN FRONT PROPERTY OF THE
MIAMI BEACH IMPROVEMENT COMPANY,
recorded in Plat Book 5, at pages 7 and
8, of the Public Records of Dade County,
Florida, together with any and all
common law and statutory riparian rights
thereunto appertaining or belonging,
meaning to describe that certain outlot
lying opposite Lot One (1), Block Seven
(7) aforesaid, and lying between 26th
Street and Lake Pancoast.
EXHIBIT "A" TO CORRECTED QUIT - CLAIM
DEED
(PAGE 2)
v
12209 :19b5
Lots 1, 2, 3, k and ."5, Bloet 3 of "AMENDED PLAT OF OCEAN FRONT PROPERTY OF THE HLtHZ
BEACH IMPROVEMENT CO2aA.NT , according to the Plat thereof, as recorded in 5 at Page 7 of the Public Records of Dade County, Florida. �6t
AND
Tat urtion of Collins Avenue Right-of-Way
p' , more particularly described as :tollows:
•
Beginning at the Northwest corner of Lot 1, Block 5 of "AMENDED MAP OF OCEAN PRo
PROPERTY.OF THE ML1NI BEACH IMPROVEMENT CC*PANT", Plat Book 5 at Page 7, Public
Records of Dade County, Florida and run parallel to and 86.90 feet Easterly of the
. Westerly line of Collins Avenue as shown on the may showing Proposed Relocation of
Collint Avenue tray 24th Street to 26th Street in the City of Miami Beach, Florida,
'dated May 11, 1939, labeled S M 53, aloog the arc of a circular curve concave to the
Southwest ammd having a radius of 1130.90 feet, a central angle of 8002,34'4;a distance
- of 158.86 feet to a point; thence run N 1 °04'30" W,. a distance of 120.49 feet to the
point of curvetc:re of a circular curve concave Southeasterly, said point being on the`-
Westerly Line of Lot 5, Block 5 of the aforementioned Subdivision; thence run:follov_•:
ing courses and distances along Westerly limits of afore;entioned Block 5;
. '. S 16 °47'04 ".E for 67.23 feet; thence S 1 °10'54" E for 74.92 feet; thence S
So41'14 "•W. Y.
• .:for 71.30 feet; thence 3 11°25'19" W for 70.73 feet to the Point of Beginning.
LESS AND EXCEPT
That portion of Lot 5, Block 5 of °AMEN*DED MAP OF OCEAN FRONT PROPERTY OF TEE MIAMI
BEACH IM2R07EMENT COMPANY", Plat Book 5 at Page 7, Public Records of.D.de County, •
Florida, more particularly described as follows: ,.•
Beginning at the Northwest corner of said Lot 5, thence run S 70016'25" E 4,04. .
the North lice of said Lot 5 a distance of 19.85 feet to a point; thence along a
circular curve conceive to the Southeast and having a radius of 10.00 feet, a central
angle of 126031'08" as arc distance of 22.08 feet to the Point on the Westerly line
of said Lot. 5; thence run N 16047'04" W for 19.85 feet to the Point of Beginning;
AISO INCLUDED -
•
A parcel of land bounded pm the West by the East Right-of-Way Line of Miami Beach
Drive, on the East by the Erosion Control Line as recorded in Plat Book 105 at Page
62, Sheet 3 of the Publid Records of Dade County, Florida, on the North by the_East-
er ly prolongation of the Forth Line of Block 5 of "AMENDED MAP OF TEE OCEAN FRONT
PROPERTY OF TTE MIAMI BEACH IMPROY='cr.NT COMPANY", according to the Plat thereof as
recorded in Plat Book 5 at :age 7 of the Public Records of Dade County, Florida,
and oo the South by the Easterly prolongation of the South Line of said Block 5.
A?E 0 INCLUDED
The Westerly 1.00 foot of the parcel of land bounded on the East by the Westerly
Fight -of -Way Line of Collins Avenue, said line being described more particularly as
follows: . • -. _
Beginning at the intersection of the Westerly prolongation of South Line of
Block 5 of "AMENDED MA.P OF TEE OCEANS; FRONT PROPERTY 0? TEE MIAMI 3 ACE IMPROVEMENT
COY.?A:TY" , according to the Plat thereof, as recorded is Plat Boot 5 at Page 7 , of the
Public Records of Dade County, Florida, and the Westerly Line of Collies Avenue as
per "Map shoving proposed relocation of Collins :,venue from 24th Street to 26th
Street in the City of Miami Beach, ?icrida" bearing File No. S M 55, dated May 11,
1939; thence run following courses and eee te-ncc-s along said Westerly Line of Collins
Avenue, an arc distance of 8.17 feet e.1onC n c_:C___r curve concave to the Southwest
and having a radius of 510.00 feet and a central ac„le of 0055'03.5" aid a chord
bearing of N 9024'42" E to the paint of cc.:.ncuni curvature of a circular curve having
a rad:.us of 10+4.00 feet and a central angle of 10028'00" and a chord bearing cf
3 °43'11" E; thence run al arc distance cf 190.72 feet along said curve to the pent
of tangency; thence run 1i 1°30'49" W for 1.;7.77;: feet to the point of curvature of a
c``_cular curve concave to tte Southwest end has-i .& a radius of 80.00 feet e. d a central
angle of 22010'50 "; •thence rum along said cu_-ve an arc distance cf 30.97 feet to the
Point of Termination. Bounded on the Northwest by the line radial to the at'-:e described
curve and extended Southwesterly from said Poitt of Termination to the intersectioa
the East boundary of Lake Pe coast. Bounded cn the South by the Westerly proloegat<on
of the South line of said Block 5 and bounded on the West by the Easterly- 1 n is cf Lake
Peecoast. Said strip knoam as 1.00 feet concrete seevell directly adjacent and con-
tiguous to Lake Pancoast. Together with el- of the:,:iearia. and „_tcral rights.
EXHI3rT "B" TO CORRECTED QUIT -CLAIM
DEED
99
1
°" 12209 ;c 1 S87
k :�
Lott 1 and 12 and the South 25 feet of Lots 2 and 11, as measured at Right
'angles. to the South line of said Lots 2 and ll, lock 7, A,
Ocean{ Front property of the Miami Beach lmprovesen: Co �an�ndcd reap of the
the .Plat thereof recorded in Plat Book 5 at Page 7 of the p' according so
Dade. County, Florida. g Public Records of
AND
The Westerly and Southwesterly 1.00 foot of the Parcel of Land bounded on
the East and the Nor :heast'by the Westerly and the Southwesterly Right -Of-
Way Line of Indian Creek Drive more particularly described as follows:
Begin at the intersection of the westerly prolongation of the North line
of the South 25 feet of Lots 2 and 11, Block 7, %.-'ended tap of the Ocean
Front property of the Miami Beach bnprovement Company, according to the
plat thereof as recorded in Plat Book 5 at Page 7 of the Public Records of
Dade County, Florida; thence run following coursesyand distances along said
Westerly and Southwesterly line of Indian Creek Drive: S. O'k6'25" 1, for
75.67 feet to the Point of Curvature of circular carve concave to the North-
east and having a radius of 125.45 feet and a central angle of 69`30'00lit
thence run along said curve an arc distance of .157.C2 feet to the Point of
Tangency; thence run S. 70'16'25" E. for 10.56 fee: to the Point of Curvature
of circular curve having a radius of B0.00 fee: and a central are of
46•21 ' "; thence run alone said curve an arc distance of 64.72 feet -o the
Point or Termination.. Sounded on the Southeast by the line radial to the above
describe curve and extended Sou :hwesteriy from said Point of Termination to
the intersection with the east boundary of Lake Pandas:. Bounded on the .
:+orth by the westerly prolongation of the north line of :he South 25 fee: of
Lots 2 and 11 of said Elock. 7 and hounded nr the t'•s: and the Southwest by '
the limits of Lake Panccast. Said sari; known as 1.00 foo: concre -ors seawall
(partially no: in place) directly adjacent and contiguous to said_Lake Panecas:
together with all of the M,:carian and littoral rights.-
EXHIBIT "B" TO CORRECTED *.AIM
DEED
(PAGE 2)
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