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Resolution 2020-31518 RESOLUTION NO, 2020-31518 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, IN THE FORM ATTACHED TO THIS RESOLUTION, A UTILITY EASEMENT AGREEMENT WITH MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC; SAID AGREEMENT GRANTING THE CITY THE FOLLOWING TWO (2) PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENTS, TO INSTALL, OPERATE, MAINTAIN, REPAIR, REPLACE AND UPGRADE THE FOLLOWING UTILITY INFRASTRUCTURE ON PROPERTY LOCATED AT 4300 ALTON ROAD: EASEMENT "A", HAVING APPROXIMATELY 226 SQUARE FEET, SHALL CONTAIN ONE (1) -12 INCH FIRE SERVICE LINE, ONE (1) - 8 INCH DOMESTIC SERVICE LINE, ONE (1) 6 INCH DOMESTIC METER; AND EASEMENT "B", HAVING APPROXIMATELY 1,291 SQUARE FEET, SHALL CONTAIN ONE (1) -12 INCH FIRE SERVICE LINE, ONE (1) - 8 INCH DOMESTIC SERVICE LINE, ONE (1) - 4 INCH IRRIGATION/COOLING TOWER SERVICE LINE, ONE (1) - 6 INCH DOMESTIC METER, AND ONE (1) - 4 INCH IRRIGATION/COOLING TOWER METER, BOTH EASEMENTS LYING ON A PORTION OF LOT 41, BLOCK 1, NAUTILUS SUBDIVISION, AS RECORDED IN PLAT BOOK 8, PAGE 95, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN CONNECTION WITH THE MOUNT SINAI MEDICAL CENTER'S NEW BED TOWER, SURGERY, ED AND RENOVATIONS PROJECT. WHEREAS, Mount Sinai Medical Center of Florida Inc. ("Mount Sinai"), property owner of the property located at 4300 Alton Road ("Property"), is seeking to obtain approval of two utility easements for the City of Miami Beach, branching from North Bay Road and Alton Road in order to provide access to the City maintained water infrastructure; and WHEREAS, this water infrastructure serves the campus' domestic water lines, fire lines, and cooling tower line; and WHEREAS, this effort commenced with the construction of a new 12 inch diameter fire line and 8 inch diameter domestic service line loop on the campus to increase service capacity as well as upgrade the backflow preventers; and WHEREAS, Mount Sinai has agreed to grant the City two utility easements, lying on a portion of Lot 41, Block 1, Nautilus Subdivision, as recorded in Plat Book 8, Page 95, of the Public Records of Miami-Dade County, Florida, in order to install, operate, maintain, repair, replace and upgrade the following utility infrastructure: Easement"A", having approximately 226 square feet, shall contain one (1)-12 inch fire service line, one (1)- 8 inch domestic service line, one (1) 6 inch domestic meter; and Easement"B", having approximately 1,291 square feet, shall contain one (1) -12 inch fire service line, one (1) - 8 inch domestic service line, one (1) - 4 inch irrigation/cooling tower service line, one (1) - 6 inch domestic meter, and one (1) - 4 inch irrigation/cooling tower meter; and WHEREAS, since the City is required to maintain the water infrastructure from the water main to the water meters, and including the water meters located on the Mount Sinai Property, the Administration recommends the execution of the Utility Easement Agreement, incorporated herein by reference and attached as Exhibit "1" hereto. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute, in the form attached to this Resolution, a Utility Easement Agreement with Mount Sinai Medical Center of Florida, Inc.; said Agreement granting the City the following two (2) perpetual, non-exclusive utility easements, to install, operate, maintain, repair, replace and upgrade the following utility infrastructure on property located at 4300 Alton Road: Easement "A", having approximately 226 square feet, shall contain one(1)-12 inch fire service line, one(1)- 8 inch domestic service line, one (1) 6 inch domestic meter; and Easement"B", having approximately 1,291 square feet, shall contain one (1) -12 inch fire service line, one (1) - 8 inch domestic service line, one (1) - 4 inch irrigation/cooling tower service line, one (1) - 6 inch domestic meter, and one (1) - 4 inch irrigation/cooling tower meter, both easements lying on a portion of Lot 41, Block 1, Nautilus Subdivision, as recorded in Plat Book 8, Page 95, of the Public Records of Miami-Dade County, Florida, in connection with the Mount Sinai Medical Center's new Bed Tower, Surgery, ED and Renovations Project. PASSED and ADOPTED this / day ofCed e'' , 2020. Dan Gelber, Mayor ATTEST: 5F-74 C.F43 „ 1 Rafa E. Granado, City Clerk :INCOR176 ED' icos- 2 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION �, ,. " 1 ,010 ., 0City Attorney '.` Date Resolutions-C7 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 9, 2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, IN THE FORM ATTACHED TO THIS RESOLUTION, A UTILITY EASEMENT AGREEMENT WITH MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC; SAID AGREEMENT GRANTING THE CITY THE FOLLOWING TWO (2) PERPETUAL, NON- EXCLUSIVE UTILITY EASEMENTS, TO INSTALL, OPERATE, MAINTAIN, REPAIR, REPLACE AND UPGRADE THE FOLLOWING UTILITY INFRASTRUCTURE ON PROPERTY LOCATED AT 4300 ALTON ROAD: EASEMENT "A", HAVING APPROXIMATELY 226 SQUARE FEET, SHALL CONTAIN ONE (1) - 12 INCH FIRE SERVICE LINE, ONE (1) - 8 INCH DOMESTIC SERVICE LINE, ONE (1) 6 INCH DOMESTIC METER; AND EASEMENT "B", HAVING APPROXIMATELY 1,291 SQUARE FEET, SHALL CONTAIN ONE (1) -12 INCH FIRE SERVICE LINE, ONE (1) - 8 INCH DOMESTIC SERVICE LINE, ONE (1) - 4 INCH IRRIGATION/COOLING TOWER SERVICE LINE, ONE (1)6 INCH DOMESTIC METER,AND ONE (1) - 4 INCH IRRIGATION/COOLING TOWER METER, BOTH EASEMENTS LYING ON A PORTION OF LOT 41, BLOCK 1, NAUTILUS SUBDIVISION, AS RECORDED IN PLAT BOOK 8, PAGE 95, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN CONNECTION WITH THE MOUNT SINAI MEDICAL CENTER'S NEW BED TOWER, SURGERY, ED AND RENOVATIONS PROJECT. RECOMMENDATION The Administration recommends accepting and executing the proposed utility easements from Mount Sinai in order to install, operate, maintain, replace and upgrade the City's water infrastructure. BACKGROUND/HISTORY Mount Sinai Medical Center of Florida Inc. ("Mount Sinai"), property owner ("Owner") of the property located at 4300 Alton Road ("Property"), is seeking to obtain approval of two utility easements for the City of Miami Beach, branching from North Bay Road and Alton Road in order to provide access to the City maintained water infrastructure. Page 162 of 1707 This water infrastructure serves the campus' domestic water lines, fire lines, and cooling tower line. This effort commenced with the construction of a new 12 inch diameter fire line and 8 inch diameter domestic service line loop on the campus to increase service capacity as well as upgrade the backflow preventers. ANALYSIS Mount Sinai has agreed to grant the City two utility easements in order to install, operate, maintain, repair, replace and upgrade: two (2) — 12 inch diameter fire lines; two (2) — 8 inch diameter domestic services, and one (1)—4 inch diameter irrigation/cooling tower line, and three (3) water meters (two (2) — 6 inch meters for the domestic services and one (1) — 4 inch water meter for the irrigation/cooling tower service). The easement areas contain: 1) Easement "A", approximately 226 square feet, and 2) Easement "B", approximately 1,291 square feet, both located on a portion of Lot 41, Block 1, Nautilus Subdivision, as recorded in Plat Book 8, Page 95, of the Public Records of Miami- Dade County, Florida, lying in Section 22, Township 53 South, Range 42 East, Miami-Dade County, Florida, on property having a street address of 4300 Alton Road. Since the City is required to maintain the water infrastructure from the water main to the water meters, and including the water meters located on the Mount Sinai property, the Administration recommends the execution of the proposed utility easements. Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City show that 47% of residents rated City efforts to plan for growth as very satisfied/satisfied. In order to continue maintaining excellent standards in this area, the City intends to execute these easements from Mount Sinai Medical Center. • CONCLUSION The Administration recommends accepting and executing the proposed utility easements from Mount Sinai in order to install, operate, maintain, replace and upgrade the City's water infrastructure. Applicable Area Middle Beach Is this a"Residents Right Does this item utilize G.O. to Know" item,pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Public Works ATTACHMENTS: Description D Opinion of Title- MSMC Campus - City of Miami Beach ❑ FINAL- MOUNT SINAI EASEMENT Sketch & Legal Description -digitally signed Page 163 of 1707 ❑ Resolution and Attachments Page 164 of 1707 This instrument was prepared by: Name: Gregg H. Fierman, Esq. Address: McDermott Will & Emery LLP 333 S.E. 2"d Avenue, Suite 4500 Miami, Florida 33131 (Space Reserved for Clerk) OPINION OF TITLE To: City of Miami Beach With the understanding that this Opinion of Title is furnished to the City of Miami Beach, as inducement for acceptance of a Utility Easement Agreement covering a portion of the real property, it is hereby certified that I have examined a Title Commitment issued by First American Title Insurance Company bear File No:1062-4986420, covering the period from the beginning to the 18th day of September, 2020, at the hour of 8:00 a.m. (the "Search Date"), inclusive, of the following described property: See Exhibit "A" attached hereto and made a part hereof. I am of the opinion that on the last mentioned date, the fee simple title to the above-described real property was vested in: MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., a Florida not-for-profit corporation ("MSMC") Note: For Limited Partnership, Limited Liability Company or Joint Venture indicate parties comprising the Limited Partnership, Limited Liability Company or Joint Venture and identify who is authorized to execute. Subject to the following encumbrances, (If"none" please indicate): 1. RECORDED MORTGAGES: See Exhibit"B" attached hereto and made a part hereof. 2. GENERAL EXCEPTIONS: See Exhibit "C" attached hereto and made a part hereof. 3. SPECIAL EXCEPTIONS: See Exhibit "D" attached hereto and made a part hereof. 1"_"1"'DM_US 173052920-4.064061.0010"""DM_US 173052920-4.064061.0910_1 7 Opinion of Title Address: 4300 Alton Road, Miami Beach, FL Page 2 of 13 Therefore, it is my opinion that the following party(ies) must join in the proffered document in order to make it valid and binding on MSMC with respect to the lands described herein. Name Interest MSMC Fee Owner I HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides with, and is the same as, the legal description in the proffered, recordable document. I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this_day of October, 2020. Signed Name Printed Name: Gregg H. Fierman Florida Bar No.: 504068 Address: McDermott Will & Emery LLP 333 S.E. 2nd Avenue, Suite 4500 Miami, Florida 33131 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me, by means of ( ) physical presence or ( ) online notarization, by Gregg H. Fierman, who is personally known to me. Witness my signature and official seal this day of October, 2020, in the County and State aforesaid. My Commission Expires: Notary Public-State of Florida Print Name 1"="1"'DM_US 173052920-4.064061.0010"""DM_US 173052920-4.064061.0010 Page 166 of 1707 Opinion of Title Address: 4300 Alton Road,'Miami Beach, FL Page 3 of 13 EXHIBIT"A" LEGAL DESCRIPTION PARCEL A: Commencing at a concrete monument at Southeast corner of the Southwest One Quarter (SW 1/4) 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. Eighteen 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 Miami-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 116.0 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, 33 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 I"="1""DM US 173052920-4.064061.0010"""DM US 173052920-4.064061.0010 Page 167 of 1707 Opinion of Title Address: 4300 Alton Road, Miami Beach, FL Page 4 of 13 Improvement Fund of the State of Florida to the Alton Beach Realty Company; Deed No. 16801, dated September 9, 1919 - comprising 21.5 Acres, more or less; also described in Deed Book 2277, page 133, Public Records of Miami-Dade County, Florida from Miami Beach Bay Shore Company to the United States 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 plat 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 (PCC) 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, 43minutes, 00 seconds, a radius of 660.0 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 1"="1' DM US 1730529204064061.0010"""DM_US 1730529204064061.010_ 168 of 1707 Opinion of Title Address: 4300 Alton Road, Miami Beach, FL Page 5 of 13 a central angle of 02 degrees, 15 minutes, 58 seconds, a radius of 671.58 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; Thence continue along the aforementioned Right-of-Way line, run along the arc 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, 16 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 a line 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 South 27 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; 1"="1""DM_US 173052920-4.064061.0010"""DM_US 173052920-4.064061.0010 Page 169 of 1707 Opinion of Title Address: 4300 Alton Road, Miami Beach, FL Page 6 of 13 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 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, 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. LESS AND EXCEPTING THEREFROM, the land as conveyed to Mount Sinai Medical Office Building, II, Inc., in that Special Warranty Deed recorded in Official Records Book 24351, Page 386, of the Public Records of Miami-Dade County, being more particularly described as follows: Commence at the Southeasterly corner of Lot 40, Block 1, "Nautilus Subdivision" as recorded in Plat Book 8 at Page 95 of the public records of Miami-Dade County, Florida. Thence along the Southerly line of Lot 40 N86°11'38"W 229.31', thence along the Northerly face of the existing concrete bulkhead S77°57'59"W 144.75', thence along the Northerly face of the existing concrete bulkhead S51°41'56"W 92.03', thence along the Northerly face of the existing concrete bulkhead S52°47'05"W 302.87' to the Point of Beginning (P.O.B.). Thence along the Northerly face of existing concrete bulkhead S48°51'00"W 178.67', thence continue S48°51'00"W 240.37', thence S46°46'07"E 32.02', thence along a curve concave to the Southeast having a radius of 62.92', central angle of 04°56'26", with a curve length of 5.43', thence N84°55'21"E 166.01', thence continue N84°55'21"E 215.84', thence N77°05'06"E 31.38', thence N05°46'34"W 326.92' to the Northerly face of the existing concrete bulkhead, thence along the Northerly face of the existing concrete bulkhead S52°47'05"W 114.51' to the Point of Beginning (P.O.B.). 1"=''1""DM US 173052920-4.064061.0010"""DMUS 173052920-4.064061.0 10 Page 170 of 1707 - Opinion of Title Address: 4300 Alton Road, Miami Beach, FL Page 7 of 13 EXHIBIT "B" RECORDED MORTGAGES 1. Fee and Leasehold Mortgage, Assignment, and Security Agreement in the original principal sum of$291,710,000.00, executed by Mount Sinai Medical Center of Florida, Inc., in favor of SunTrust Bank, f/k/a SunTrust Bank, Central Florida, National Association, as Master Trustee under the Amended and Restated Master Trust Agreement dated December 1, 1998, recorded in Book 19179, Page 542, as modified by document recorded in Book 19683, Page 0908, as modified by Second Mortgage Modification Agreement recorded in Official Records Book 22250, Page 99, Third Modification in Book 28267, Page 2890, and Fourth Modification in Book 29299, Page 264, in favor of U.S. Bank National Association as successor to SunTrust Bank fka SunTrust Bank, Central Florida, National Association, as Trustee. As affected by Partial Release recorded in Book 24351, Page 382, and Partial Release recorded in Book 30303, Page 3947. And now held by U.S. Bank National Association, as successor to SunTrust Bank, f/k/a SunTrust Bank, Central Florida, National Association, as Master Trustee under the Amended and Restated Master Trust Agreement dated December 1, 1998; together with that certain UCC-1 Financing Statement naming U.S. Bank National Association, as Master Trustee, as secured party and Mount Sinai Medical Center of Florida. Inc., as debtor, filed 08/01/2019, recorded in Book 31552, Page 3196, and as corrected in that UCC3 filed 31591, Page 2881. 2. Mortgage in the original principal amount of $3,265,600.00, executed by Mount Sinai Medical Center of Florida. Inc. in favor of Florida Housing Finance Corporation, recorded 11/25/2009 in Book 27096, Page 2360; as affected by that Subordination Agreement recorded in Book 27096, Page 2418; together with that certain Assignment of Rents and Leases recorded in Book 27096, Page 2395 that certain UCC-1 Financing Statement recorded in Book, 27096, Page 2411, and continuation of Financing Statement (UCC3s) filed 05/28/2014, in Book 29167, Page 238, and filed 06/03/2019, in Book 31467, Page 1169. ALL IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 1^="1' DM_US 173052920-4.064061.0010" "DM_US 173052920-4.064061.0910_07 Opinion of Title Address: 4300 Alton Road, Miami Beach, FL Page 8 of 13 EXHIBIT"C" GENERAL EXCEPTIONS 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. 3. Any lien, for services, labor, or materials in connection with improvements, repairs or renovations provided before, on, or after the Search Date, not shown by the public records. 4. Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the land prior to Search Date, and any adverse claim to all or part of the land that is, at the Search Date, or was previously under water. 5. Taxes or special assessments not shown as liens in the public records or in the records of the local tax collecting authority, at the Search Date. 6. Any minerals or mineral rights leased, granted or retained by current or prior owners. 7. Taxes and assessments for the year 2020 and subsequent years, which are not yet due and payable. 8. Any lien as provided for by Chapter 159 or 170, similar Florida Statutes, in favor of any city, town, village, or port authority for unpaid service charges for service by any water, sewer, gas systems supplying the lands described herein. 9. Terms and conditions of any existing unrecorded lease(s), and all rights of lessee(s) and any parties claiming through the lessee(s) under the lease(s). 10. Zoning and other restrictions imposed by governmental authority. ALL IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 1"_"1"'DM_US 173052920-4.064061.0010"""DM_US 173052920-4.064061.0010 Page 172 of 1707 Opinion of Title Address: 4300 Alton Road, Miami Beach, FL Page 9 of 13 EXHIBIT "D" SPECIAL EXCEPTIONS 1. Intentionally Omitted. 2. Lien and Security Agreement between Mount Sinai Medical Center of Greater Miami, Inc., (Debtor) and State of Florida, Department of Health (Secured Party) recorded in Book 30653, Page 4319. 3. Lien and Security Agreement between Mount Sinai Medical Center of Greater Miami, Inc., (Debtor) and State of Florida, Department of Health (Secured Party) recorded in Book 28666, Page 1745. 4. Lien and Security Agreement between Mount Sinai Medical Center of Greater Miami, Inc., (Debtor) and State of Florida, Department of Health (Secured Party) recorded in Book 30274, Page 4184. 5. The following notices of commencement: Book 31294, Page 4602, on 01/18/2019; Book 31611, Page 2848, on 09/18/2019; Book 31617, Page 3438, on 09/23/2019; Book 31678, Page 2809, on 11/05/2019; Book 31691, Page 3108, on 11/15/2019; Book 31787, Page 4817, on 01/22/2020; Book 31827, Page 4514, on 02/26/2020; Book 31667, Page 1716, on 10/28/2019; Book 31647, Page 1912, on 10/15/2019; Book 31921, Page 4390, on 05/04/2020; and Book 32066, Page 3976, on 08/25/2020. 6. Claim of Lien in favor of Meisner Electric, Inc., recorded in Book 31667, Page 2040, filed 10/28/2019. 7. Claim of Lien in favor of DeckTight Roofing Services, Inc., recorded in 32035, Page 4421, filed 08/04/2020. 8. Easement granted to Florida Power & Light Company by instrument recorded in Book 1639, Page73. 9. Terms and conditions in Cable Television Service Agreement between Gold Coast Cablevision and Mount Sinai Medical Center, Inc., recorded in Book 15990, Page 997, which instrument contains easements. 10. Option and Lease Agreement between Mount Sinai Medical Center, Inc., and BellSouth Mobility, Inc., recorded in Book 16572, Page 1078, which instrument contains easements. 11. Rights of the United States of America, and State of Florida, or either of them to recover any federal funds advanced as provided in the Hill-Burton Act, 42 U.S.C.A. ss 291 et. seq. 12. Rights of the United States Government to that part of the Land, if any, being artificially filled in land in what was formerly navigable waters arising by reason of the United States Government control over navigable waters in the interest of navigation and commerce. 1"="i"°DM_US 173052920-4.064061.0010°°°DM_US 17305229220ge06731 f 1707 Opinion of Title Address: 4300 Alton Road, Miami Beach, FL Page 10 of 13 13. Right of Hill unrestricted possession, control and use of the premises during the existence of a national emergency in favor of the United States of America reserved in Deed recorded in Deed Book 3096, Page 2, as amended by instrument recorded in old Deed Book 3867, Page 257, and as affected by Release filed in Book 1192, Page 435. 14. Riparian and/or littoral rights are not insured. 15. "SAVING AND RESERVING unto the said Trustees of the Internal Improvement Fund of the State of Florida, and their successors, title to an undivided three-fourths of all phosphate, minerals and metals, and title to an undivided one-half of all petroleum that may be in, on or under the above described land, with the privilege to mine and develop the same", as contained in the Deed filed in Official Records Book 1385, Page 361 (59R-74374). 16. SAVING AND RESERVING unto the said Trustees of the Internal Improvement Fund of the State of Florida, and their successors, title to an undivided three-fourths of all phosphate, minerals and metals, and title to an undivided one-half of all petroleum that may be in, on or under the above described land, with the privilege to mine and develop the same", as contained in the Deed filed in Official Records Book 5379, Page 186. 17. "SAVING AND RESERVING unto the said Trustees of the Internal Improvement Fund of the State of Florida, and their successors, title to an undivided three-fourths of all phosphate, minerals and metals, and title to an undivided one-half of all petroleum that may be in. on or under the above described land, with the privilege to mine and develop the same", as contained in the Deed filed in Deed Book 2279, Page 355. 18. Option to Terminate in favor of the Trustees of the Internal Improvement Fund of the State of Florida reserved in the Deed recorded in Book 5379, Page 186. 19. Continuing obligations contained in the Termination Agreement recorded in Book 15752, Page 775. 20. Ordinance No. 81-19 of Metropolitan Dade County, Florida, recorded in Book 11114, Page 822. 21. Certificate of Approval For Amendment To Establish Bulkhead Fine filed in Book 5481, Page 30. 22. Zoning Board Order, File No. 2184, recorded in Book 15127, Page 2588. 23. Memorandum of Lease between Mount Sinai Medical Center of Greater Miami. Inc., a not-for-profit Florida corporation (Landlord) and MSE Hospitality-Miami Beach. Inc., a Georgia corporation (Tenant) recorded in Book 17669, Page 2719. 24. Declaration of Restrictive Covenants in Lieu of Unity of Title recorded in Book 24351, Page 389. 25. Easement and Operating Agreement by and between Mount Sinai Medical Center of Florida, Inc. and Mount Sinai Medical Office Building II, Inc. recorded in Book 24351, Page 399. 1"="1"''DM US 173052920-4.064061.0010"""DM US 173052920-4.064061.0010 Page 174 of 1707 Opinion of Title Address: 4300 Alton Road, Miami Beach, FL Page 11 of 13 26. Order by the Design Review Board of the City of Miami Beach, recorded in Book 29627, Page 3990. 27. Easement as created in that Mortgage recorded in Book 27096, Page 2360. 28. Land Use Restriction Agreement recorded in Book 27096, Page 2342. 29. Supplemental Order by the Design Review Board of the City of Miami Beach, recorded in Book 29698, Page 3965. 30. Easement granted to the City of Miami Beach in that Baywalk Easement Agreement recorded in Book 29992, Page 4195. 31. Easement granted to Florida Power & Light Company by instrument recorded in Book 30899, Page 698. 32. Order by the Design Review Board of the City of Miami Beach, recorded in Book 31053, Page 3599. 33. Maintenance Covenant Running with the Land recorded in Book 32018, Page 1958. 34. Application and Acceptance of Conditional Building Permit and Estoppel Notice recorded in Book 24475, Page 2002. 35. Easement granted to Florida Power & Light Company by instrument recorded in Book 25902, Page 1127. 36. All of the terms and provisions set forth and contained in that certain Lease between Mount Sinai Medical Center of Florida, Inc., Lessor, and New Cingular Wireless PCS, LLC, Lessee, a memorandum of which is recorded in Book 29587, Page 3716. 37. Easement granted to Florida Power & Light Company by instrument recorded in Book 30164, Page 3661. 38. Declaration of Restrictive Covenants for Limited Utility Easement recorded in Book 31260, Page 1079. 39. Declaration of Restrictive Covenants for Limited Utility Easement recorded in Book 31260, Page 1091. 40. Flood Protection Levee Easement Agreement recorded in Book 31666, Page 4395. ALL IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 1"="1"'DM US 173052920-4.064061.0010"""DM US 1730529204.064061.0010 Page 175 of 1707 EXHIBIT "A" SKETCH 1110 ACCOMPANY MOUNT SINAI MEDICAL CENTER EASEMENT 4300 ALTON ROAD, MIAMI BEACH, FLORIDA. 33140 PUBLIC WORKS DEPARTMENT PERMIT#RWP0419-4332 SECTION 22,TOWNSHIP 53 SOUTH, RANGE 42 EAST N NOTES: GRAPHIC SCALE `.j� 0 1. This is not a Boundary Survey (no points were found or set). 0 750' 1500' w •/��— z °, �/. 2. Legal description limits determined by client based on Point of Service 1 inch = 1500'ft. . '4111 . %,, Plans prepared by Kimley Horn (Sheet C7.09, Project No.: 144544001). 4.a, EN6o• 3. Bearings shown hereon are based on the Westerly Right of Way line of LOCATION SKETCH Alton Road at North Bay Road, referenced from the Florida Department of Transportation RIGHT OF WAY CONTROL SURVEY (State Road No. 907/Alton .- ,r .i! •� .� Road, Section 87037-001, Miami-Dade County, FL, prepared by Biscayne �� �: •: •. •. Engineering, completed on June 16th, 2020), having a bearing of North • Si •• :•47::1 29'06'37" East. BISCAYNE BAY ��,•••_ t',••..'ii;••" S . ••• " •• • 4. Legal description limits lie within Folio: 02-3222-011-0360. alit sta fro r.•p ♦•....� �1 •�•: 5. Easements and/or restrictions of record were not considered and are not EASEMENT I ;Lt.,:• • • •• f �,�� •���•' i••••�e��w 4 shown hereon. Ownership subject to an opinion of title. LOCATIONS 0 =? '. :i iiit t• ••4.1 `�" : :: ��i��# �•� 6. The minimum vertical clearance of this easement is 25 feet (as • v ■• ,,•' • :� •. � � determined by the client). r�.�ii ��1 Z I 7. The easement limits described hereon form a closed geometric figure. e':L,.wet 03 ,0 111,1 �4 I.•:.*�``;l''� = — 8. This Sketch to Accompany Legal Description is valid onlywhen all three � �� :� 0\IA C P YP C.) ikx 0 74-U:�` (3) sheets are combined, forming the complete document. SIA ' ."2.:-%" .'";- SURVEYOR'S CERTIFICATE: 1-195 �•:�J 7� ;.... ��,�,�� I hereby certify that this SKETCH TO ACCOMPANY LEGAL DESCRIPTION is in ,�`r �` ; compliance with the Standards of Practice as set forth by the Florida Board of - 1ii1S!!.�, i Professional Land Surveyors and Mappers as referenced in Rule 5J-17 Florida 4% . i Administrative Code pursuant to Section 472-027 Florida Statutes. ` NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED �,;� ���� = SURVEYOR AND MAPPER. 1",■■` 4117(. I Certified to: City of Miami Beach .�',`t'' ' S= Biscayne Engineering Company, Inc. ®3=;l + 1'® • 529 West Flagler Street, Miami, Fl. 33130 s (305)-324-7671 ��11'I��������� tze .fill State of Florida Department of Agriculture > ��! --" LB-0000129 LEGEND & ABBREVIATIONS: Date: 10-30-2020 = CENTER LINE Digitally signed OFETHSISHEET EISOTHE LB = LICENSED BUSINESS by Alberto J ELECTRONIC FILE L = ARC LENGTH DIGITALLY SIGNED AND Rabionet SEALED UNDER RULE POB = POINT OF BEGINNING �/� i 5J-17-062. F.A.C. POC = POINT OF COMMENCEMENT • Date:2020.11.03 THIS ITEM HAS BEEN R = RADIUS13:17:23-05'00' PRINTED YCOPIES DOF THIS S.F. = SQUARE FEET DOCUMENT ARE NOT (R) = PER RECORD Alberto J. Rabionet, PSM, For The Firm CONSIDERED SIGNED AND A = CENTRAL ANGLE Professional Surveyor and Mapper No. 7218 SEALED AND THE ± = MORE OR LESS State of Florida SIGNATURE MUST BE THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VAUD ONLY WHEN ELRIFIRON ANY ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT. ELECTROO ON COPIES. PROJECT: MOUNT SINAI MEDICAL CENTER EASEMENT THIS IS NOT A SURVEY DRAWING No. 2321-SS-07 ;. DATE: REV DATE: BEC ORDER# SHEET DRAWN BY CLIENT MOUNT SINAI MEDICAL CENTER 10/30/2020 03-86960 1 OF 3 AJR BISCAYNE SURVEYORS 529 W.FLAGLER ST,MIAMI,FL 33130 d 449 NW 35TH ST,BOLA EATON, FL 33431 ENGINEERS PLANNERS EL. {�J3)3 �/�} 1 TEL. (561)609-2329 ENGINEERING •SINCE 1888• E-MAIL:INFO aaga YNEEiklb EERING.COM • WEBSITE:WW.BISCAYNEENGINEERING.COM EXHIBIT "A" SIERVON To ACC® EsECIAL DESCRIPTION MOUNT SINAI MEDICAL CENTER EASEMENT 4300 ALTON ROAD, MIAMI BEACH, FLORIDA. 33140 PUBLIC WORKS DEPARTMENT PERMIT#RWP0419-4332 SECTION 22,TOWNSHIP 53 SOUTH, RANGE 42 EAST LEGAL DESCRIPTION: A portion of Lot 41, Block 1, Nautilus Subdivision, as recorded in Plat Book 8, Page 95, of the Public Records of Miami—Dade County, Florida, lying in Section 22 Township 53 South, Range 42 East, Miami—Dade County, Florida, being more particularly described as follows; COMMENCE at the intersection of the Westerly Right of Way of Alton Road and the Southerly Right of Way of North Bay Road, as shown on the Florida Department of Transportation RIGHT OF WAY CONTROL SURVEY (State Road No. 907/Alton Road, Section 87037-001, Miami—Dade County, FL, prepared by Biscayne Engineering, completed on June 16th, 2020), being a point on the arc of a circular curve, concave to the Northeast, and with said point of Non—Tangent intersection bearing South 40'41'56" West from the center of said curve; thence Northwesterly along the arc of said curve, having a radius of 660.00 feet and a central angle of 1344'45'; also being said Southerly Right of Way of North Bay Road, a distance of 158.34 feet to the POiNT OF BEGINNING of EASEMENT "A"; thence continue Northwesterly along the arc of said curve, having a central angle of 01'33'40", a distance of 17.98 feet to a point of Non—Tangency, thence South 55'03'52" West, a distance of 6.64 feet; thence South 29'08'31" West, a distance of 10.49 feet; thence South 60'51'29" East, a distance of 16.28 feet; thence North 4031'09" East, a distance of 4.97 feet; thence North 55'05'58" East, a distance of 4.10 feet to the POINT OF BEGINNING of EASEMENT "A"; Containing 226 square feet (0.005 Acres) more or less; TOGETHER WITH: A portion of Lot 41, Block 1, Nautilus Subdivision, as recorded in Plat Book 8, Page 95, of the Public Records of Miami—Dade County, Florida, lying in Section 22 Township 53 South, Range 42 East, Miami—Dade County, Florida, being more particularly described as follows; COMMENCE at said intersection of the Westerly Right of Way of Alton Road and the Southerly Right of Way of North Bay Road, as shown on said Florida Department of Transportation RIGHT OF WAY CONTROL SURVEY, being a point on the arc of a circular curve, concave to the Northwest, and with said point of Non—Tangent intersection bearing South 63'09'21" East from the center of said curve; thence Southwesterly along the arc of said curve, having a radius of 671.58 feet and a central angle of 02'15'58", also being said Westerly Right of Way of Alton Road, a distance of 26.56 feet to a point of Tangency, thence South 29'06'37" West, along said Westerly Right of Way of Alton Road, a distance of 282.75 feet to the POINT OF BEGINNING of EASEMENT B"; thence North 60'53'23" West, a distance of 8.38 feet; thence South 89'49'02" West, a distance of 75.93 feet; thence South 00'10'58" East, a distance of 24.14 feet; thence North 89'49'02" East, a distance of 14.93 feet; thence North 0070'58" West, a distance of 10.06 feet; thence North 89'49'02" East, a distance of 55.45 feet; thence South 605323" East, a distance of 6.33 feet; thence North 2906'37" East, along said Westerly Right of Way of Alton Road, a distance of 15.00 feet to the POINT OF BEGINNING of EASEMENT "B'; Containing 1,291 square feet (0.030 Acres) more or less. Lying and being in the City of Miami Beach, Florida. THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT. PROJECT: MOUNT SINAI MEDICAL CENTER EASEMENT THIS IS NOT A SURVEY DRAWING No. 2321-SS-07 DATE: REV DATE: BEC ORDER# SHEET DRAWN BY CLIENT MOUNT SINAI MEDICAL CENTER 10/30/2020 03-86960 2 OF 3 AJR BISCAYN E SURVEYORS 529 W.FLAGLER ST,MIAMI,FL 33130 449 NW 35TH ST,BOCA RATON,FL 33431 ENGINEERS L. )3� Z,1 (561)609-2329 PLANNERS Q i ENGINEERING •SINCE 1898• E-MAIL:INF 6 Y E NEERING.COM • WEBSITE:WWT.BISCAYNEENGINTEL. EERING.COM EXHIBIT "A" UNEVONE WO ACCOMPANY MOUNT SINAI MEDICAL CENTER EASEMENT 4300 ALTON ROAD, MIAMI BEACH, FLORIDA. 33140 PUBLIC WORKS DEPARTMENT PERMIT#RWP0419-4332 SKETCH OF LEGAL DESCRIPTION SECTION 22, TOWNSHIP 53 SOUTH, RANGE 42 EAST S55'03'5 " \sp\-50. EASEMENT "A" (±226 S.F.) J 6.64' e, L=17.98' f N S29'08'31"W R=660.00' GRAPHIC SCALE m 0 10.49' 4 A=01'33'40" 0 35' 70' m 7A0\. „ . \ I S�• a ..?JJ'51 29 E \ '. POB '\ J �, 16.28 ', EASEMENT "A" i 1 inch = 70' ft. it, . ��0 �' q \ I F E N G1 N40'31'09"E \`4).2 4.97 . O '$' I 540'41'56"W N55'05'58"E ,�j�� _, \ • (RADIAL) 4.10' �6°0 L=158.34')`. o LOT 41 SOUTHERLY RIGHT OF WAY JJ OF NORTH BAY ROAD R=660.00' o° BLOCK 1 6=13'44'45" POC NAUTILUS SUBDIVISIONPOINT OF (PLAT BOOK 8, PAGE 95) S63'09'21"E INTERSECTION (RADIAL) OF THE WESTERLY RIGHT OF WAY L=26.56' OF ALTON ROAD R=671.58' AND THE SOUTHERLY A=02'15'58" / RIGHT OF WAY MOUNT SINAI OF NORTH BAY MEDICAL CENTER WESTERLY RIGHT OF WAY / ROAD OF ALTON ROAD' G„ • 04, �' i e s . A, z`s�jCQ , O, S29'06'37"W 282.75' )// /(1, Ce A. N60'53'23"W EASEMENT "B" 8.38' ,,� (±1,291 S.F.) S89'49'02"W � POB / 75.93' EASEMENT "B" 1 S00'10'58"E / / , 24.14' ' N29'06'37"E I 15.00' N89'49'02"E , S60'53'23"E %% 14.93' / 6.33' / \ N89'49'02"E ; 55.45' / \ N00'10'58"W 10.06' THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VAUD ONLY WHEN ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT. PROJECT: MOUNT SINAI MEDICAL CENTER EASEMENT THIS IS NOT A SURVEY DRAWING No.DATE: REV DATE: BEC ORDER# SHEET DRAWN BY CLIENT MOUNT SINAI MEDICAL CENTER 10/30/2020 03-86960 3 OF 3 AJR A B I S CAYN E SURVEYORS 529 W. FLAGLER ST,MIAMI, FL 33130 449 NW 35TH ST,BOCA RATON,FL 33431 ENGINEERS EL. )3 1 TEL. (561)609-2329 PLANNERS C ENGINEERING •SINCE 1898• E-MAIL:INF a® EERING.COM • WEBSITE:WW.BISCAYNEENGINEERING.COM This instrument prepared by: Name: Gisela Nanson Torres, Senior Assistant City Attorney Address: Office of the City Attorney 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 (Space reserved for Clerk) UTILITY EASEMENT AGREEMENT THIS GRANT OF A UTILITY EASEMENT AGREEMENT (the "Agreement") is made this day of , 2020 ("Effective Date"), between MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., a Florida not-for-profit corporation, as owner and grantor, and its successors and assigns(hereinafter called "Grantor")and the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida (the "City"), as grantee, and its successors and assigns (hereinafter called "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of that certain improved real property located within the City's municipal jurisdiction, with a street address of 4300 Alton Road, Miami Beach, Miami-Dade County, Florida, and more particularly described in EXHIBIT "A", attached hereto and made a part hereof(the"Grantor's Property"); and WHEREAS, in connection with the development of Grantor's property, Grantor has agreed to convey to the City the following two (2)perpetual, non-exclusive Easements(as more particularly described in Section 2 below) for the City to access, construct, install, operate, maintain, repair, replace and upgrade the following City utility infrastructures: Easement"A", having approximately 226 square feet, shall contain one (1) -12 inch fire service line, one (1) - 8 inch domestic service line, one (1) 6 inch domestic meter; and Easement "B", having approximately 1,291 square feet, shall contain one (1) -12 inch fire service line, one (1) - 8 inch domestic service line, one (1) - 4 inch irrigation/cooling tower service line, one (1) - 6 inch domestic meter, and one (1) - 4 inch irrigation/cooling tower meter) (collectively, the "City's Utility Infrastructure") ; and WHEREAS, on , 2020, the Mayor and City Commission adopted Resolution No. , authorizing the Mayor and City Clerk to execute and accept these Easements (as defined in Section 2)on the Grantor's Property. NOW THEREFORE, for and in consideration of ten and no/100 dollars ($10.00) and other good and valuable consideration,the receipt of which is acknowledged,the parties hereby mutually covenant and agree as follows: GRANT OF EASEMENT 1. Recitals. The above recitals are true and correct and are hereby incorporated into this Agreement. 1 EXHIBIT 4046"_"1""DM_US 173053028-4.064061.0010""" p181 of 1`7'07 2. Consideration and Description. the Grantor, for and in consideration of the installation of the City's Utility Infrastructure, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee two (2) perpetual, non-exclusive easements (the "Easements") on, over, and under a portion of Grantor's Property, as such portion of Grantor's property is more specifically described and delineated in EXHIBIT "B," attached hereto and made a part hereof(the "Easement Area") to access, construct, install, operate, maintain, repair, replace and upgrade the City's Utility Infrastructure, together with the non-exclusive right of ingress, egress and regress on, over and through the portion of the roadways, parking areas and other portions of the Grantor's Property that are located adjacent to the Easement Area or may be reasonably necessary for access to the Easement Area, subject to the terms, conditions and restrictions set forth in this Agreement. 3. Uses. 3.1 The Grantee shall use the Easements and the Easement Area during the Term provided herein for the express purposes provided in Section 2 hereof, which will include, without limitation, use of the Easement Area for taking readings, inspecting the Water Meters, and performing work in connection with the construction, installation, operation, maintenance, repair, replacement and upgrade of the City's Utility Infrastructure. Grantee may utilize the Easement Area during the Term without Grantor's prior written approval at any time or times. 3.2 The Grantor hereby reserves all rights of ownership in and to the Easement Area that are not inconsistent with this Agreement, including, without limitation, the right to grant further easements on, over, under and/or across the Easement Area. Grantor shall be prohibited from materially obstructing the Grantee's access to, or use of, the Easement Area. The Grantor shall not construct, or permit to be constructed, any structural foundations on or over the Easement Area; provided, however, the Grantor may construct and maintain within the Easement Area improvements such as, without limitation, water service pipe, bends, fittings, valves, meter, backflow preventer, proposed fire service pipe, asphalt pavement, parking lots, curb gutter, sidewalk, landscaping, and irrigation, which are not a part of the City's Utility Infrastructure, improvements now or hereafter located within the Easement Area. 4. Inspection. It is hereby agreed that any City official has the right, during normal business hours, to enter and investigate the use of the Easement Area to verify compliance with the conditions of this Agreement and the requirements of the City's Building, Public Works, Zoning and Land Development Regulations. 5. Term. This Agreement shall remain in full force and effect and shall be binding upon the Grantor, its successors in interest and assigns, for a period of thirty(30) years, and for successive ten (10) year periods thereafter, from the date of this Agreement is recorded in the Public Records of Miami-Dade County, Florida ("Term"). This time period will be automatically renewed unless released upon a petition for removal, modification or amendment of condition is approved by an act of the City Commission. The Easements and rights granted herein shall be perpetual and shall be possessed and enjoyed by the Grantee, its successors and assigns, for the purposes stated herein. 6. Maintenance. At all times during the Term, the City's Utility Infrastructure, from the point of connection at the 12 inch water main to the terminal point of the water meters, shall remain property of the Grantee and Grantee, at its sole cost and expense, shall maintain the City's Utility Infrastructure and shall make all repairs as deemed necessary by Grantee, in its reasonable 2 4096"="1""DM_US 173053028-4.064061.0010""" Page 182 of 1707 discretion; provided, however, that Grantor shall be responsible for reimbursing Grantee for any damage to the City's Utility Infrastructure caused by Grantor, its officers, employees, contractors, agents and invitees. The maintenance, repair and replacement of any other portions of the Easement Area including, without limitation, the repair and replacement of any other attachments, excluding the City's Utility Infrastructure, shall remain Grantor's responsibility. In the event the City is required to perform repairs or improvements on the City's Utility Infrastructure, the City shall not be liable to replace decorative features (such pavers, lighting, landscaping other than sod/grass, etc.) to existing conditions. The Grantor shall be responsible for replacing decorative features to existing conditions or removing these items prior to work being performed by the City. 7. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand-delivered by messenger or courier service; sent by recognized overnight courier (such as Federal Express); or mailed (airmail, if international) by registered or certified mail (postage prepaid), return receipt requested; or sent by any form of overnight mail service, addressed to: AS TO GRANTOR: Mount Sinai Medical Center of Florida, Inc. 4300 Alton Road Warner Building, 5th Floor Miami Beach, Florida 33140 Attention: Chief Operating Officer WITH COPIES TO: Mount Sinai Medical Center of Florida, Inc. 4300 Alton Road Warner Building, 5th Floor Miami Beach, Florida 33140 Attention: General Counsel AS TO GRANTEE: City of Miami Beach Attn: City Manager 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 WITH COPIES TO: City of Miami Beach Attn: City Attorney 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: (i) on the date delivered if by personal delivery; (ii) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (iii) on the next business day after delivery by any form of overnight delivery service. 8. Miscellaneous Terms and Conditions 8.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of Grantee's Right of sovereign immunity. 3 4096"="1""DM_US 173053028-4.064061.0010""" Page 183 of 1707 8.2 Construction. For purposes of construction by a Court, the parties hereto acknowledge that both parties hereto participated in the drafting of this document. 8.3 City's Governmental Capacity/No Waiver of City Police Powers. Grantor confirms that it has full power and authority to grant these Easements. Nothing in this Agreement or in the parties' acts or omissions in connection herewith shall be deemed in any manner to waive, impair, limit, or otherwise affect the authority of the Grantee in the discharge of its police or governmental powers. 8.4 Remedies. An action to enforce the terms and conditions of this Agreement may be brought by the Grantee or the Grantor and may be, at law or in equity, against any party or person violating or attempting to violate any provision of this Agreement or provisions of the Building, City Code, Zoning or Land Development Regulations, either to restrain violations or to recover damages. 8.5 Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, Grantor and Grantee and their respective successors and permitted assigns. 8.6 Entire Agreement; Modifications. This Agreement sets forth the entire agreement between the parties specifically relating to the subject matter of the Easements granted hereby and there are no other agreements or understandings between them relating to Grantee's use of the Easement Area. This Agreement may not be modified, released or terminated, except by agreement in writing executed by the parties hereto or their respective successors and/or assigns, and in the case of Grantee, approved by the Mayor and City Commission of the City of Miami Beach. No modification or amendment of this Agreement shall be effective unless in writing and recorded in the Public Records of Miami-Dade County, Florida. 8.7 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court for the Southern District of Florida, if in federal court. 8.8 Grantor Representations. Grantor covenants, warrants and represents that Grantor is the fee simple owner of Grantor's Property and has the right title and capacity to grant the perpetual Easements granted herein. 8.9 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 Grantor's Property. 8.10 Recording. This Agreement shall be recorded in the Public Records of Miami-Dade County, Florida by Grantee at the cost of Grantor. 8.11 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. 4 4096"="1""DM_US 173053028-4.064061.0010""" Page 184 of 1707 8.12 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. 8.13 No Joint Venture or Partnership. This Agreement is not intended nor shall it be construed to create a joint venture or partnership between the parties and neither party shall constitute the agent of the other for any purpose. TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever, and Grantor will defend the title to Grantor's Property against the lawful claims of all persons whomsoever. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 5 4096"="1""DM_US 173053028-4.064061.0010""" Page 185 of 1707 IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in its name on the day and year first above written. SIGNED, SEALED AND DELIVERED - IN THE PRESENCE OF: MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., a Florida not-for-profit Signature corporation By: Print Name Print Name: Title: Signature Print Name STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE ) The forgoing instrument was acknowledged. before me by means of physical presence or _ online notarization this day of , 2020, by , as a/the of MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., a Florida not-for-profit corporation, on behalf of said corporation, who is personally known to me or produced as identification. Print Name: Notary Public, State of Florida My Commission Expires: [NOTARIAL SEAL] 6 4096"="1""DM_US 173053028-4.064061.0010""" Page 186 of 1707 IN WITNESS WHEREOF, the Grantee herein has caused these presents to be executed in its name on the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: CITY OF MIAMI BEACH, FLORIDA, a Signature municipal corporation of the State of Florida Print Name By: Name: Title: Signature Print Name STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The forgoing instrument was acknowledged before me by means of _ physical presence or online notarization this day of , 2020, by as of the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf of said municipal corporation, who is personally known to me or produced as identification. Print Name: Notary Public, State of Florida My Commission Expires: [NOTARIAL SEAL] APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney Date 7 4096"="1""DM_US 173053028-4.064061.0010""" Page 187 of 1707 Exhibit "A" Grantor's Property Commencing at a concrete monument at Southeast corner of the Southwest One Quarter(SW 1/4) 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. Eighteen 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 Miami-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 116.0 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, 33 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 8 4096"="1""DM_US 173053028-4.064061.0010"" Page 188 of 1707 Fund of the State of Florida to the Alton Beach Realty Company; Deed No. 16801, dated September 9, 1919 - comprising 21.5 Acres, more or less; also described in Deed Book 2277, page 133, Public Records of Miami-Dade County, Florida from Miami Beach Bay Shore Company to the United States 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 plat 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 (PCC)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, 43minutes, 00 seconds, a radius of 660.0 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 671.58 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; 9 4096"="1""DM_U5173053028-4.064061.0010""" Page 189 of 1707 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; Thence continue along the aforementioned Right-of-Way line, run along the arc 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, 16 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 a line 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 South 27 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 angle of 22 degrees, 28 minutes, 01.51 seconds, a radius of 3703.72 feet, (bearing of Chord being South 79 degrees, 48 minutes, 10 4096"="1""DM_U5173053028-4.064061.0010""" Page 190 of 1707 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, 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. LESS AND EXCEPTING THEREFROM, the land as conveyed to Mount Sinai Medical Office Building, II, Inc., in that Special Warranty Deed recorded in Official Records Book 24351, Page 386, of the Public Records of Miami-Dade County, being more particularly described as follows: Commence at the Southeasterly corner of Lot 40, Block 1, "Nautilus Subdivision" as recorded in Plat Book 8 at Page 95 of the public records of Miami-Dade County, Florida. Thence along the Southerly line of Lot 40 N86°11'38"W 229.31', thence along the Northerly face of the existing concrete bulkhead S77°57'59"W 144.75', thence along the Northerly face of the existing concrete bulkhead S51°41'56"W 92.03',thence along the Northerly face of the existing concrete bulkhead S52°47'05"W 302.87' to the Point of Beginning (P.O.B.). Thence along the Northerly face of existing concrete bulkhead S48°51'00"W 178.67', thence continue S48°51'00"W 240.37', thence S46°46'07"E 32.02', thence along a curve concave to the Southeast having a radius of 62.92', central angle of 04°56'26", with a curve length of 5.43', thence N84°55'21"E 166.01', thence continue N84°55'21"E 215.84',thence N77°05'06"E 31.38', thence N05°46'34"W 326.92' to the Northerly face of the existing concrete bulkhead, thence along the Northerly face of the existing concrete bulkhead S52°47'05"W 114.51'to the Point of Beginning (P.O.B.). 11 4046"="1""DM_US 173053028-4.064061.0010""" Page 191 of 1707 Exhibit"B" Easement Area F:Attotorg/Public Works/Forms/Utility Easement Template 5.26.2020 12 4096"="1""DM_US 173053026-4.064061.0010""" Page 192 of 1707 EXHIBIT "B" SKETCH BCH 1 I O ACCO . 1 EGA DESV EON MOUNT SINAI MEDICAL CENTER EASEMENT 4300 ALTON ROAD, MIAMI BEACH, FLORIDA. 33140 PUBLIC WORKS DEPARTMENT PERMIT#RWP0419-4332 SECTION 22,TOWNSHIP 53 SOUTH, RANGE 42 EAST N NOTES: ()GRAPHIC SCALE . /\ 7ti 750' 1500' rn aa 1. This is not a Boundary Survey (no points were found or set). r or w2. Legal description limits determined by client based on Point of Service 1 inch = 1500'ft. t, , Plans prepared by Kimley Horn (Sheet C7.09, Project No.: 144544001). 2 F E N 0 N 3. Bearings shown hereon are based on the Westerly Right of Way line of LOCATION SKETCH Alton Rood at North Bay Road, referenced from the Florida Department of lit . : Transportation RIGHT OF WAY CONTROL SURVEY (State Road No. 907/Alton �tt.� :. .��ii.., Road, Section 87037-001, Miami—Dade County, FL, prepared by Biscayne .I : re:i:: Engineering, completed on June 16th, 2020), having a bearing of North ....is ...ii ii .`..ZI; 29'06'37" Eost. BISCAYNE BAY � : 44%:: +.v •.: •..4• 4. Legal description limits lie within Folio: 02-3222-011-0360. �O� .'••4•�,� •y�.` 5. Easements and/or restrictions of record were not considered and are not EASEMENT Fa t� ��•�474:414,47,; shown hereon. Ownership subject to on opinion of title. LOCATIONS .�: qis •1":lie•.�� p, • 41.1 ";f C�is llll '`� 6. The minimum vertical clearance of this easement is 25 feet (as .0.. 1 determined by the client). -11;•::wm #,: a��f I 7. The easement limits described hereon form a closed geometric figure. 8- ��� "i:4 - 8. This Sketch to Accompany Legal Description is valid only when all three ,�l'�1�•g..III* (3) sheets are combined, forming the complete document. Ips eNt ii 1.1,4.1;7�4� -4'... SURVEYOR'S CERTIFICATE: ♦off♦ \\I X1.111 ��� Iherebycertify that this SKETCH TOACCOMPANY LEGALDESCRIPTIONisinh n d f t ord ,��,,, PdmnstLand eyors t td Sector 4 s fer27 Fleddin Rule State 5Jr17 Fllorridoilibof��,�pliprilliiiiir t,- es. a Certified to: City of Miami Beach it !•a�:= l Biscayne Engineering Company Inc. �®t=Ma ��,�� 529 West Flagler Street, Miami, Fl. 33130 LI IIIIIIIIIIff A�I. �_ - (305)-324-7671 r /1 �1-! State of Florida Deportment of Agriculture LB-0000129 LEGEND & ABBREVIATIONS: Dote: 10-30-2020 THE OFFICIAL RECORD c. = CENTER UNE Digitally signed OF THIS SHEET IS THE LB = LICENSED BUSINESS g ELECTRONIC FILE L = b Alberto.' DIGITALLY SIGNED AND POB = PONT OF BEGINNING f .. y SEALED UNDER RULE POC = POINT OF COMMENCEMENT � � 446 _ ' Rabionet 5J-17-062, F.A.C. THIS ITEM HAS BEEN R = RADIUS Date:2020.11.24 DIGITALLY SIGNED S.F. = SQUARE FEET 14:39:57-05'00' PRINTED COPIES OF THIS DOCUMENT ARE NOT (R) = PER RECORD CONSIDERED SIGNED AND b = CENTRAL ANGLE Alberto J. Rabionet, PSM, For The Firm SEALED AND THE t = MORE OR LESS Professional Surveyor.and Mapper No. 7218 SIGNATURE MUST BE State of Florida VERIFIED ON ANY THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN ELECTRONIC COPIES. ALL SHEETS ARE COMBINED, FORMING NE COMPLETE DOCUMENT. PROJECT: MOUNT SINAI MEDICAL CENTER EASEMENT THIS IS NOT A SURVEY DRAWING No. 2321-SS-07 r:: v_.,.:::..:.: ....... .. DATE: REV DATE: BEC ORDER# SHEET DRAWN BY CLIENT MOUNT SINAI MEDICAL CENTER 110/30/2020 , 03-86960 1 OF 3 AJR f BISCAYNE SURVEYORS ENGINEERS 529 W.FLAGLER ST,MIAMI,FL 33130 TEL. (305)324-7671 449 NW 35TH ST,BOCA RATON,FL 33431 / PLANNS TEL. (561)609-2329 ENGINEERING •SINCE 189ER5• E-MAIL:INFO@BISCAYNEENGINEERING.COM • WEBSITE:WW.BISCAYNEENGINEERING.COM Page 193 of 1707 EXHIBIT "B" SKENLIVEE WO ACCOMPANY MOUNT SINAI MEDICAL CENTER EASEMENT 4300 ALTON ROAD, MIAMi BEACH, FLORIDA. 33140 PUBLIC WORKS DEPARTMENT PERMIT#RWP0419-4332 SECTION 22,TOWNSHIP 53 SOUTH, RANGE 42 EAST LEGAL D SCRIPTION: A portion of Lot 41, Block 1, Nautilus Subdivision, as recorded in Plot Book 8, Page 95, of the Public Records of Miami—Dade County, Florida, lying in Section 22, Township 53 South, Range 42 East, Miami—Dade County, Florida, being more particularly described as follows; COMMENCE of the intersection of the Westerly Right of Way of Alton Rood and the Southerly Right of Woy of North Bay Rood, as shown on the Florida Deportment of Transportation RIGHT OF WAY CONTROL SURVEY (State Road No. 907/Alton Road, Section 87037-001, Miami—Dade County, FL, prepared by Biscayne Engineering, completed on June 16th, 2020), being a point on the arc of a circular curve, concave to the Northeast, and with said point of Non—Tangent intersection bearing South 40.41'56" West from the center of said curve; thence Northwesterly along the arc of said curve, having a radius of 660.00 feet and a central angle of 13'44'45", also being said Southerly Right of Way of North Boy Rood, a distance of 158.34 feet to the POINT OF BEGINNING of EASEMENT "A";• thence continue Northwesterly along the arc of said curve, having a central angle of 0133'40 a distance of 17.98 feet to o point of Non—Tangency, thence South 55'03'52" West, a distance of 6.64 feet; thence South 29'08'31" West, a distance of 10.49 feet; thence South 60'51'29" East, a distance of 16.28 feet; thence North 4031'09" Eost, a distance of 4.97 feet; thence North 55'05'58" Eost, a distance of 4.10 feet to the POINT OF BEGINNING of EASEMENT "A" Containing 226 square feet (0.005 Acres) more or less; TOGETHER WITH: A portion of Lot 41, Block 1, Nautilus Subdivision, as recorded in Plat Book 8, Page 95, of the Public Records of Miami—Dade County, Florida, lying in Section 2Z Township 53 South, Range 42 East, Miami—Dade County, Florida, being more particularly described as follows; COMMENCE at said intersection of the Westerly Right of Way of Alton Road and the Southerly Right of Way of North Bay Rood, as shown on said Florida Department of Transportation RiGHT OF WAY CONTROL SURVEY, being a point on the arc of a circular curve, concave to the Northwest, and with said point of Non—Tangent intersection bearing South 63'09'21." East from the center of said curve; thence Southwesterly along the arc of said curve, having o radius of 671.58 feet and o central angle of 02'15'58", also being said Westerly Right of Way of Alton Rood, a distance of 26.56 feet to a point of Tangency; thence South 2906'37" West, along said Westerly Right of Way of Alton Rood, a distance of 282.75 feet to the POINT OF BEGINNING of EASEMENT "B'; thence North 60'53'23" West, o distance of 8.38 feet; thence South 8949'02" West, a distance of 75.93 feet; thence South 0070'58" East, a distance of 24.14 feet; thence North 89'49'02" East, a distance of 14.93 feet; thence North 0070'58" West, a distance of 10.06 feet; thence North 89.49'02" East, a distonce of 55.45 feet; thence South 60'53'23" East, a distance of 6.33 feet; thence North 29'06'37" East, along said Westerly Right of Way of Alton Rood, a distance of 15.00 feet to the POINT OF BEGINNING of EASEMENT 8';• Containing 1,291 square feet (0.030 Acres) more or less. Lying and being in the City of Miami Beach, Florida. THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VAUD ONLY WHEN ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT. PROJECT: MOUNT SINAI MEDICAL CENTER EASEMENT THIS IS NOT A SURVEY DRAWING No. 2321-SS-07 DATE: REV DATE: BEC ORDER# SHEET DRAWN BY CLIENT SINAI MEDICAL CENTER 10/30/2020 03-86960 2 OF 3 AJR A BISCAYNE SURVEYORS 529 W.FLAGLER ST,MIAMI,FL 33130 449 NW 35TH ST,BOCA RATON,FL 33431 ENGINEERS PLANNERS TEL. (305)324-7671 TEL. (561)609-2329 ENGINEERING 'SINCE lase• E-MAIL:INFO@BISCAYNEENGINEERING.COM • WEBSITE:WW.BISCAYNEENGINEERING.COM Page 194 of 1707 EXHIBIT "B" WOH.' TO 41,000 MOUNT SINAI MEDICAL CENTER EASEMENT ! 4300 ALTON ROAD, MIAMI BEACH, FLORIDA. 33140 PUBLIC WORKS DEPARTMENT PERMIT#RWP0419-4332 SKETCH OF LEGAL DESCRIPTION SECTION 22,TOWNSHIP 53 SOUTH, RANGE 42 EAST rt 'S55'03'6 64, \�� .5°P- -EASEMENT "A" (±226 S.F.) / N S29'08'31"W� ' '� L=17.98' 10.49' R=660.00' / GRAPHIC SCALE m A1'\ z A=01'33'40" , 0 35' 70' 1 \ / S60'S1'29"E1 POB / 1\./ 16.28' ' \ �\ EASEMENT "A" 1 inch = 70' ft. `4, �'�� �� 0 \ ' srvo` N40'31'09'Ej \ � > . - 4.97' ,JS40'41'56"W N55'05'58"EJ ,`�y \ • (RADIAL) 4.10' • •hyo L=158.34'�`.�\J/� LOT 41 SOUTHERLY RIGHT OF WAY o OF NORTH BAY ROAD R=660.00' o° BLOCK 1 A=13'44'45" POC NAUTILUS SUBDIVISION POINT OF (PLAT BOOK 8, PAGE 95) S63'09'21"E INTERSECTION (RADIAL) OF THE WESTERLY RIGHT OF WAY L=26.56' ,� OF ALTON ROAD R=671.58' AND THE SOUTHERLY A=0215'58" / RIGHT OF WAY MOUNT SINAI i / OF NORTH BAY MEDICAL CENTER WESTERLY RIGHT OF WAY '/ / ROAD OF ALTON ROAD '' ' / QT/ . / Q1 2�/' �O S29'06'37"W 282.75'-- .NN/1 / QI ) O� y N60'53'23"W /, �� EASEMENT "B" 8.38'--'I (±1,291 S.F.) S89'49'02"W I\ /' POB / ' 75.93' EASEMENT "B" 11 S00'10'58"E / 24.14' N29-06'37"E 15.00' / N89'49'02"E ,'_S60'53'23"E ; 14.93' / 6.33' / \ , N89'49'02"E ; 55.45' / N OO'10'58"W ,\ 10.06' , THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY %HEN ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT. PROJECT: MOUNT SINAI MEDICAL CENTER EASEMENT THIS IS NOT A SURVEY DRAWING No. 2321-SS-07 DATE: REV DATE: BEC ORDER#I SHEET DRAWN BY CLIENT MOUNT SINAI MEDICAL CENTER 10/30/2020 03-86960 ( 3 OF 3 AJR ` BIStAYN E SURVEYORS 529 W.FLAGLER ST,MIAMI,FL 33130 449 NW 35TH ST,BOCA RATON,FL 33431 ENGINEERS PLANNERS TEL. (305)324-7671 TEL. (561)609-2329 ENGINEERING •SINCE 1898• E-MAIL:INFO@BISCAYNEENGINEERING.COM • WEBSITE:WW.BISCAYNEENGINEERING.COM Page 195 of 1707