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Resolution 2021-31621 RESOLUTION NO. 2021-31621 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A TEMPORARY EASEMENT AGREEMENT WITH MIAMI-DADE COUNTY (COUNTY) FOR THE NON- EXCLUSIVE ACCESS AND USE OF A STAGING AREA ON CITY PROPERTY, LOCATED AT THE BEACHFRONT PARKING LOTS AT 46 STREET, 53 STREET, AND 65 STREET IN ORDER TO PROVIDE ACCESS POINTS TO THE COUNTY OR ITS DESIGNEE TO PLACE CLEAN SAND ON THE CITY'S BEACHES UNDER A UNITED STATES ARMY CORPS OF ENGINEERS BEACH RENOURISHMENT PROGRAM. WHEREAS, the City, State of Florida, Miami-Dade County(County)and US Army Corps of Engineers(US Army Corps)have coordinated to provide beach material in four eroded areas of the Miami Beach, Miami-Dade County, Florida, Erosion Control and Hurricane Protection Project; and WHEREAS, the lands are located seaward of the erosion control line(ECL)at Miami Beach between Florida Department of Environmental Protection(FDEP) reference monuments R-43 and R-46, R-49 and R-51, R-53 and R-56, and between R-60 to R-61; and WHEREAS, the County, on behalf of the US Army Corps, requires a staging area in order to stage the vehicles and equipment needed to install the fill along the beach; and WHEREAS, the City owns upland property from the ECL, legally described or depicted in Exhibit A to the proposed Temporary Easement (the "Temporary Easement Areas"), which would be used as a staging area, subject to the terms, conditions, reservations and restrictions set forth in the Temporary Easement Agreement; and WHEREAS, the Administration recommends executing the proposed Temporary Easement Agreement(including sketch and legal description of the Temporary Easement Areas), incorporated herein by reference and attached to this Resolution as Exhibit "1". NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager and City Clerk to execute a Temporary Easement Agreement with Miami-Dade County (County) for the non-exclusive access and use of a staging area on City property, located at the beachfront parking lots at 46 street, 53 street, and 65 street in order to provide access points to the County or its designee to place clean sand on the City's beaches under a United States Army Corps of Engineers Beach Renourishment Program. PASSED and ADOPTED this 17 day of March, 2021. Z4,\.....!........ ' (N\":1.** ‘fr,1 -....p\ * , * :INCORPORATED. 0 Dan Gelber, Mayor ATTEST: .. �� ::'',��- 'n�,,CH 26� APPROVED AS TO kj) /2-C1Z-�Z 1 FORM & LANGUAGE Rafa I Gra ado, City Clerk & FOR EXECUTION Ait -' IA-Taft tz— City Attorney at& Resolutions -C7 H MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, Interim City Manager DATE: March 17, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A TEMPORARY EASEMENT AGREEMENT WITH MIAMI-DADE COUNTY (COUNTY) FOR THE NON- EXCLUSIVE ACCESS AND USE OF A STAGING AREA ON CITY PROPERTY, LOCATED AT THE BEACHFRONT PARKING LOTS AT 46 STREET, 53 STREET, AND 65 STREET IN ORDER TO PROVIDE ACCESS POINTS TO THE COUNTY OR ITS DESIGNEE TO PLACE CLEAN SAND ON THE CITY'S BEACHES UNDER A UNITED STATES ARMY CORPS OF ENGINEERS BEACH RENOURISHMENT PROGRAM. RECOMMENDATION The Administration recommends the adoption of the Resolution. BACKGROUND/HISTORY In the mid-1970s, the U.S. Army Corps of Engineers (USACE) and Miami-Dade County (County) entered into a 50-year contract titled the Miami-Dade County, Florida Erosion Control and Hurricane Protection Project. This project calls for the joint management of the County's sandy beaches, including those in the City of Miami Beach. The nourished beach contributes significantly to the local economy, provides critical storm protection and erosion control, as well as environmental, recreational and economic benefits to the City, the region, and the State. However, natural processes, including waves, tidal currents, wind, storms, flooding, and sea level rise continuously remove sand from the beach system. As such, to maintain a healthy beach, the USAGE, in collaboration and ccst-share with the State of Florida and the County, periodically renourishes the Citys beaches as part of their beach renourishment program. ANALYSIS The USACE will begin large scale beach renourishment later in 2021 and will be completed in 2022. This project includes trucking in sand from an approved sand mine. The USACE will be hiring a contractor to complete this work and anticipates putting the project out to bid in June 2021. The USACE and the County have requested utilizing the beach access points at 46th Street, 53 Street and 65th Street. As the local sponsor for this Federal Project, Miami-Dade County needs to provide the USACE an easement for the staging area at these beach access Page 307 of 2284 locations to stage the vehicles and equipment needed to complete the renourishment of the beach. Therefore, City Administration requests the City Commission authorize the City Manager and City Clerk to execute a Temporary Easement Agreement with Miami-Dade County, granting the County a non-exclusive access and staging area use easement on City Property attached hereto as Exhibit 1, and per the attached Resolution. SUPPORTING SURVEY DATA Less than half of Miami Beach residents are satisfied with the City's efforts to prepare for the future. Enhancing the resiliency of our beaches, will improve the City's long-term shoreline stabilization and health of our natural resources. CONCLUSION The Administration recommends the adoption of the Resolution. Applicable Area Not Applicable 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 Strategic Connection Environment & Infrastructure - Reduce risk from storms, high tides, groundwater, and sea level rise. Legislative Tracking Environment and Sustainability ATTACHMENTS: Description D Resolution & Exhibit Page 308 of 2284 This instrument prepared by(and after recording return to): Gisela Nanson Torres Senior Assistant City Attorney City of Miami Beach 1700 Convention Center Drive Fourth Floor Miami Beach, Florida 33139 (Reserved for Clerk of the Court) TEMPORARY EASEMENT AGREEMENT This TEMPORARY EASEMENT AGREEMENT ("Agreement") is made and entered into as of the day of March 2021 ("Effective Date"), by and between the City of Miami Beach, a municipal corporation of the State Florida (the "City"), with an address of 1700 Convention Center Drive, Miami Beach, Florida 33139, Attention: City Manager, and Miami-Dade County (the "County"), a political subdivision of the State of Florida, 111 NW 1st Street,Miami, Florida 33128. RECITALS A. The City, the County, and the United States Army Corps of Engineers (the "Corps") have jointly coordinated to provide beach material in multiple eroded areas of Miami Beach (the "Joint Project"). Construction of the Federal Dade County Beach Erosion Control and Hurricane Protection Project was authorized by Section 203 of the Flood Control Acts of 1968, Public Law 90-483, as modified by Section 69 of the Water Resources Development Act of 1974, Public Law 93-251, and expanded under a separate authorization in Title I,Chapter IV of the Supplemental Appropriations Act of 1985, Public Law 99-88, and by Section 501 of the Water Resources Development Act of 1986, Public Law 99-662;and B. The Corps and the County have entered into a Project Partnership Agreement to undertake a cycle of periodic nourishment for the Joint Project, at full federal expense to the extent that appropriations provided in Title IV, Division B of the Bipartisan Budget Act of 2018, Public Law 115-123, enacted February 9,2018, are available and used for such purpose; and C. In furtherance of the Joint Project, the Corps requires the use of certain property owned by the City for access, and has requested that the County enter into this Agreement for same;and D. The City owns certain property, described or depicted in the attached Exhibit "A",and described as 53rd Street P-72 and Beachview Park(53rd Street Parking Lot), 46th Street P-71 and Indian Beach Park (46th Street Parking Lot),and 65th Street P-81 and Allison Park(collectively,the"Temporary Easement Areas" or the "Property"), that could be used for equipment staging and access in order to fulfill the goals of the Joint Project. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree that the foregoing recitals are true and correct and further agree as follows: 1. The foregoing recitals are incorporated as if fully set forth herein. Exhibit ''1" Page 310 of 2284 2. The City hereby grants to Miami-Dade County, its successors, and assigns, for the use of the County, its agents, employees, contractors, representatives and licensees, for a 28 month period commencing on the Effective Date, the temporary, non-exclusive easement on, over, and upon the Temporary Easement Areas, subject to the terms, conditions, reservations and restrictions set forth herein, for the purpose of access, as well as all other work necessary or incidental to the construction of the Joint Project, including but not limited to borrow and/or deposit fill, erection and removal of temporary structures, staging of vehicles, equipment and materials, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles, in connection with the Joint Project. The only areas of the Property which can be utilized for ingress and egress are the areas of the Property labeled and described as"Access Area" in Exhibit"A". THE EASEMENT USE SHALL BE SUBJECT TO A CITY PUBLIC WORKS RIGHT-OF-WAY PERMIT PROCESS. 3. Assignment. The City acknowledges that any of the rights set forth herein may be assigned, in whole or in part, including but not limited to the County's assignment of this Agreement to the Corps, its agents, contractors, and employees, who shall be performing work and activities on the Property, and the rights and obligations of the parties shall inure to the benefit of and be binding upon their successors and assigns. 4. Parking. A City permit or City authorization shall be required for the actual parking spaces needed at the 53`d Street Parking Lot P-72 and the 65th Street Parking Lot P-8I identified in Exhibit "A", and such permit or authorization shall require payment to the City up of S10.00 per parking space per day for each day that such parking spaces are reserved with the appropriate City department. In no event shall such reservation exceed either 52 parking spaces per day for the 53rd Street Parking Lot P-72 and 26 parking spaces per day for the 65th Street Parking Lot or 850 days, and the required payment for such parking spaces shall not exceed S442,000 for the 53`d Street Parking Lot P-72 and $221,000 for the 65th Street Parking Lot. Notwithstanding anything stated herein, if revenues have been received by the City that meet the City's bond obligations for said parking spaces for the relevant time period, no payment shall be required. If the City's bond revenue obligations for said parking spaces are not met for the relevant time period, but the bond revenue deficit is less that the payment that would otherwise be required for parking spaces under this paragraph, then only the amount of the bond revenue deficit shall be due. 5. At the 46th Street Parking Lot - The County, and/or its designee, are precluded from using the Temporary Easement Area identified in Exhibit "A" during Art Basel (November 14, 2021 through December 14, 2021 and November 14, 2022 through December 14, 2022) as detailed in the contractor's specifications. 6. Enforcement. The parties shall resolve any disputes, controversies, or claims between them arising out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act," Chapter 164,Florida Statutes,as amended. 7. Nothing herein shall constitute a waiver of Section 768.28 of the Florida Statutes or shall be construed as impacting or modifying the protections set forth therein. 8. Nothing in this Agreement, express or implied, is intended to (i) confer upon any entity or person other than the parties and their successors or assigns any rights or remedies under or by reason of the Agreement as a third party beneficiary or otherwise, except as specifically provided in this Agreement; or (ii) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. Page 311 of 2284 EXECUTED as of the date and year first above written. SIGNED, SEALED AND DELIVERED THE CITY OF MIAMI BEACH, FLORIDA, IN THE PRESENCE OF: a municipal corporation of the State of Florida By: Name: Name: Title: Name: Attest: By: , City Clerk Rafael E. Granado Approved as to form and language and for execution: City Attorney Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2021 by ,as , for the City of Miami Beach, Florida. By: Signature of Notary Public My Commission Expires: Printed,typed or stamp Page 312 of 2284 SIGNED, SEALED AND DELIVERED MIAMI-DADE COUNTY,FLORIDA, a IN THE PRESENCE OF: political subdivision of the State of Florida By: Name: Name: Title: Name: Attest: By: , County Clerk Approved as to form and language and for execution: County Attorney Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2021 by ,as , for Miami-Dade County. By: Signature of Notary Public My Commission Expires: Printed,typed or stamp Page 313 of 2284 EXHIBIT"A" LOCATION OF TEMPORARY EASEMENT AREAS AND MAP Page 314 of 2284 _ 46T" STREET PARKING LOT COWNS AVENUE (130'R g---7 0/e6aNRw MI ON% t SIM V 71110 Eats ——— MOLY IU[ - , r w BLOCK 8 NrtatW "AMENDED PLAT OF INDIAN BEACH CORPORATION'S SUBDIVISION' (PLAT BOOK 8, PAGE 81) .CCESS AREA 10,126 SQ.FT. I PARKING LOT P-71 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 61 g 1.17al.':'.l .,li,11:Nit,4' 'i1:11.:r..J'' 1 g ac•E1 IrrAY11�C'. e1lf1}S3i�Crr'%l= CCCCRRRR 1..7E2,,,APLIIIIMITIMMINVirr.C.1 MN aam N EFE1'W E INDIAN BEACH PARK osmosis "INTI STAGING AREA „ 40,933 SQ.FT. i; E ar1Er c mew. Ei11' N wow N I -MON CON1ROL UNE me mar E 1 MS N maw E SAC BEACH NW't STY EXHIBIT "A" MIAMI BEACH ACEPmom. rsenieo 'ME' A.s SKETCH OF DESCRIPTION 46TH STREET P-71 AND INDIAN BEACH PARK AS2 PUBLIC WORKS DEPARTMENT bro�HTeewee�woenallo�� r plco�M rnO<[.rt[a wia-u�w suck Flit. OW BWWEYON _ Page 315 of 2284 46TH STREET PARKING LOT LEGAL DESCRIPTION: BEING A PARCEL OF LAND LYING IN A PORTION OF LOTS 9, 10, 11, AND 12 BLOCK 8 "AMENDED PLAT OF 'THE INIDIAN BEACH CORPORATIONS'S SUBDIVISION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PACE 61, OF THE PUBLIC RECORDS OF MIIAME-DADE COUNTY, FLORIDA BEING MORE PARTICUL 4LRY DESCRIBED AS FOLLOWS; ACCESS AREA: COMMENCE AT THE NORTHWEST CORNER OF LOT 12, OF SAID "AMENDED PLAT OF THE INDIAN BEACH CORPORATION'S SUBDIVISION; THENCE S 01 32'34" W, ALONG THE WESTERLY RIGHT OF WAY UNE OF COWNS AVENUE, A DISTANCE 318.73 FEET TO THE POINT OF BEGINNING; THENCE S 82'40'57" E A DISTANCE OF 181.39 FEET; THENCE N 8719'29" E A DISTANCE OF 38.63 FEET; THENCE S 82'28'49" E A DISTANCE OF 183.71 FEET; THENCE S 88'57'52" E A DISTANCE OF 50.80 FEET TO A POINT HEREINAFTER REFER TO AS POINT "A"; THENCE S 7813'32" W A DISTANCE OF 29.15 FEET, TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 123.73 FEET, A CHORD WHICH BEARS N 75"56'14" E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 18'51'17" A DISTANCE OF 40.72 FEET; THENCE N 8715'08" E TO THE INTERSECTION WITH THE EROSION CONTROL UNE, A DISTANCE OF 20.45 FEET; THENCE S 02'44'52" E ALONG THE EROSION CONTROL UNE A DISTANCE OF 15.77 FEET; THENCE N 89'35'44" W A DISTANCE OF 16.66 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF 106.32 FEET, A CHORD WHICH BEARS S 75'28'48" W; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23'46'50" A DISTANCE OF 44.13 FEET; THENCE S 64'34'18" W A DISTANCE OF 15.08 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 75.27 FEET, A CHORD WHICH BEARS S 82'09'55" W; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21'44'24" A DISTANCE OF 28.58 FEET; THENCE N 82'29'49" W A DISTANCE OF 210.06 FEET; THENCE S 87'39'29" W A DISTANCE OF 52.33 FEET; THENCE N 82'40'57" W TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY UNE OF COWNS AVENUE, A DISTANCE OF 181.06 FEET; THENCE_N-01'32'31"-E ALONG THE SAID EASTERLY RIGHT_OF_WAY UNE OF-COWNS AVENUE, A DISTANCE OF 20.10 FEET TO THE POINT OF BEGINNING. CONTAINING 10,126 SQUARE FEET OR 0.2 ACRES MORE OR LESS. STAGING AREA: BEGIN AT SAID POINT "A"; THENCE N 13'40'36" W A DISTANCE OF 9.89 FEET; THENCE N 84'35'22" W A DISTANCE OF 44.07 FEET; THENCE N 04'26'32" E A DISTANCE Of 14.50 FEET; THENCE N 83'00'35" W A DISTANCE OF 36.57 FEET; THENCE N 23'41'31" W A DISTANCE OF 14.33 FEET; THENCE N 0351'25" E A DISTANCE OF 231.40 FEET; THENCE S 85'25'21" E, TO THE INTERSECTION WITH THE EROSION CONTROL UNE, A DISTANCE OF 148.43 FEET; THENCE S 02'44'52' E, ALONG THE EROSION CONTROL UNE, A DISTANCE OF 233.49 FEET; THENCE S 7416'23" W A DISTANCE OF 62.51 FEET; THENCE S 07'25'05" E A DISTANCE OF 8,78 FEET; THENCE N 7813'31" E A DISTANCE OF 29.15 FEET TO POINT "A" SAID POINT ALSO BEGINNING THE POINT OF BEGINNING. CONTAINING 40,933 SQUARE FEET OR 0.9 ACRES MORE OR LESS. SURVEYOR'S NOTES: 1, THIS IS NOT A "BOUNDARY SURVEY:, THIS IS ONLY A GRAPGHIC REPRESENTATION (SKETCH) OF THE LEGAL DESCRIPTION SHOWN HEREON. 2. BEARINGS SHOWN ARE RELATIVE TO THE EROSION CONTROL UNE WHICH IS ASSUMED TO BEAR S02'44'52"E. 3. LAND SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS OF WAYS OF RECOREDS AND A TITLE REPORT WAS NOT PERFORMED FOR SAID LANDS. SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY: THAT THIS 'SKETCH AND LEGAL DESCRIPTION" IS CORRECT AND MEETS THE,STANDARDS'OF PRACTICE FOR SURVEYING AND MAPPING IN THE STATE FLORIDA AS SET FOURTH IN CHAPTER 472.027 (F.S) AND CHAPTER 'EJ-17 CF THE FLORIDA ADMINISTRATIVE CODE, "NOT VALID WITHOUT THE SIGNATURE AND SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER". r 04/29/2019 tift 'Y ` DATE BRIA BEWNO,A P • CITY SURVEYOR MANAGER SURVEYOROR AND MAPPER 04973 STATE OF FLORIDA MIAMI BEACH ACCEPTED"Y REVISER ME.`EGAL DESCRIPTION,SURVEYOR'S NOTES PUBLIC WORKS DEPARTMENT �$ AND CERTIFICATION AS1 „xw„„E/ITN,CE,,•E,o„�"„NSG,n3„g BRIAN BRUNo 46TH STREET P-71 AND INDIAN BEACH PARK CRY SURVEYOR ACCESS AREA AND STAOINO AREA Page 316 of 2284 53RD STREET PARKING LOT COLLINS AVENUE - — _ _ (1 3Or R/Nt) K N1 9EONh+o :AU 12 gcyAM Ilirta�n ut N mitesc Y t $ Iif.Td NOPurE I IMM **,:' f anMobr w.2o' CCESS AREA 3,077 SQ.FT. 1 ii III s. W WZ t I W 7 n "' PARKING LOT P-72 LOT 22 1 LOT 23 LOT 24 LOT 15 8 LOT 26 \ AREA a 16,580 SQ.FT. / BLOCK 9 "AMENDED PLAT OF FIRST OCEAN FRONT SUBDIVISION' (PLAT BOOK 9, PAGE 78) N N AV II 1 a 13 .•: 447)4,1"DPI I'42 S•. •I,, LCII 2.??. DI IIP f.: :., 721Y BEACH VIEW PARK $ •CCESS AREA 4,091 SQ.FT. Fee Acres -OSHA' CONTROL UNE Miter BEACH EXHIBIT "A" WY MI AMI BEACH ACCEPTED BY REVISED Tin R 1 D TB SKETCH OF DESCRIPTION PUBLIC WORKS AR53RD STREET P-72 AND BEACH VIEW PARK AS4 ,romtxrmnrnrrtw cnvf.Y"A S[ACnn nils BBVWT. WND ACCESS ANDSTAGNG MEAS _cI T/IURVEYQR _ , Page 317 of 2284 53RD STREET PARKING LOT LEGAL DESCRIPTION: BEING A PARCELS OF LAND LYING IN A PORTION OF LOTS 23, 24, AND 25 BLOCK 9, "AMENDED PLAT OF FIRST OCEAN FRONT SUBDIVISION' ACCORDING TO THE PIAT THEREOF AS RECORDED IN PLAT BOCK 9, PAGE 78, OF THE PUBUC RECORDS OF MIIAME-DADE COUNTY, FLORIDA BEING MORE PART1CULAIRY DESCRIBED AS FOLLOWS: ACCESS AREA: COMMENCE AT THE NORTHWEST CORNER OF LOT 25, OF SAID "AMENDED PLAT OF FIRST OCEAN FRONT SUBDIVISION", SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE EAST, A CHORD WHICH BEARS S 1018'12" E; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND ALONG THE EASTERLY RIGHT OF WAY LINE OF COLUNS AVENUE, THROUGH A CENTRAL ANGLE OF 01'55'15" A DISTANCE OF 150.10 FEET TO THE POINT OF BEGINNING; THENCE S 82'32'40" E A DISTANCE OF 64.38 FEET; THENCE S 07'35'40' W A DISTANCE OF 96.70 FEET; THENCE S 4213'34" W A DISTANCE OF 37.53 FEET TO POINT HEREINAFTER REI'U ED TO AS POINT "A"; THENCE N 07'22'59" E A DISTANCE OF 112.15 FEET; THENCE N 8221'39" W TO THE INTERSECTION WITH THE SAID EASTERLY RIGHT OF WAY UNE OF COUJNS AVENUE, DISTANCE OF 43.08 FEET, TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 4477.44 FEET, A CHORD VMICH BEARS N 0914'43" E; THENCE NORTHERLY EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 0011'42" A DISTANCE OF 15.25 FEET TO THE POINT OF BEGINNING; CONTAINING 3,077 SQUARE FEET OR 0.1 ACRES MORE OR LESS. STAGING AREA: BEGIN AT POINT "A"; THENCE N 4213'34' E A DISTANCE OF 51.62 FEET; THENCE S 82'30'47" E A DISTANCE OF 232.10 FEET; THENCE S 38'57'16" E A DISTANCE OF 59.94 FEET TO A POIINT HEREINAFTER REFERED TO AS POINT "B"; THENCE S 04'5511" W A DISTANCE OF 17.30 FEET; THENCE N 82'47'51" W A DISTANCE OF 305.20 FEET; THENCE N 05'47'27' E A DISTANCE OF 17.69 FEET 10 POINT"A" SAID POINT ALSO BEING THE POINT OF BEGINNING. CONTAINING 16,580 SQUARE FEET OR 0.4 ACRES MORE OR LESS: ACCESS AREA: BEGIN AT POINT "B"; THENCE N 3857'16" W A DISTANCE OF 9.60 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 63.00 FEET, A CHORD WHICH BEARS S 80'04'22" E THENCE EASTERLY ALONG THE ARC OF SATO CURVE, THROUGH A CENTRAL ANGLE OF 64'42'48" A DISTANCE OF 71.16 FEET; THENCE S 88'41'50" E A DISTANCE OF 171.07 FEET TO THE INTERSECTION WITH THE EROISION CONTROL UNE: THENCE S 04'2703" W. ALONG THE EROISION CONTROL UNE, A DISTANCE OF 18.70 FEET; THENCE N 89'06'13" W A DISTANCE OF 167.46 FEET; THENCE N 4814'51' W A DISTANCE OF 28.35 FEET, TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 60.11 FEET, A CHORD WHICH BEARS N 82'42'22" W, THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 40'36'46" A DISTANCE OF 42.60 FEET TO POINT "B" SAID POINT ALSO BEING THE POINT OF BEGINNING. CONTAINING 4,091 SQUARE FEET OR 0.1 ACRES MORE OR LESS.. SURVEYOR'S NOTES: 1. THIS IS NOT A "BOUNDARY SURVEY'. THIS IS ONLY A GRAPHIC REPRESENTATION (SKETCH) OF THE LEGAL DESCRIPTION SHOWN HEREON. 2. BEARINGS SHOWN ARE RELATIVE TO THE EROSION CONTROL UNE WHICH IS ASSUMED TO BEAR 50427'03"W. 3. LAND SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS OF WAYS OF RECORDS AND A TITLE REPORT WAS NOT PERFORMED FOR SAID LANDS. SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY: THAT THIS "SKETCH AND LEGAL DESCRIPTION' IS CORRECT AND MEETS THE STANDARD,OF,PRACTICE FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FOURTH IN CHAPTER 472.027 (F.S.) ANDt,CHAP7R D.1-;-1f THE FLORIDA ADMINISTRATIVE CODE. "NOT VALID WITHOUT THE SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER". ' • , ` 04/29/2019 -� • t DATE BRIAN T1 1UNO, PSM -' CITY SURVEYOR MANAGER SURVEYOROR ANO'MAPPER 414973 STATE OF ROII6DA MI AMI BEACI-I :CCEPIEO" �"g°rr.enneLEGAL DESCRIPTION,SURVEYOR'S NOTES PUBLIC WORKS DEPARTMENT AND CERTIFICATION AS3 McmM MMCOITIR n low&b „nL,Y ° ANT V OR 53RD STREET P-77229AND BS AND EAMCHVIEW PARK v SURVEYOR _ Page 318 of 2284 . LEGEND & ABBREVIATIONS: POC POINT OF COMMENCEMENT R= RADIUS 1 POB POINT OF BEGINNING D= DELTA/CENTRAL ANGLE 11 R/W RIGHT—OF—WAY A= ARC DISTANCE 'S N: NORTHING COORDINATE CB= CHORD BEARING 0 50 100 \ 4 _ _ E: EAST1NG COORDINATE CD= CHORD DISTANCE SOFT. SQUARE FEET PG. PAGE GRAPHIC SCALE -- couitis t'y �0 s 0-" sea �. PU r• � FR I SS �\ SECAKD •`.•, 21PA- ", t 00 1X.A t (PLAT I ti ` \ � W. s-r,. us0 to La i or1� %�. or7. PARK rotk riV h `_`��r ms"µ,,,, ;� ,yaws1444114s ' ' ��-�� snail f sof . '4'4%Vet Ik • 111 • 1l c pCEAN AILANtEXHIBIT"A" "0Carw0Y mRT`T SKETCH OF DESCRIPTION • MIBLIC DEPARTMENT ALLISON BEACH PARK-EASEMENT AREA AS5 „"mammc„s,,,,,�,,,,,wmakmam COLLINS AVE 185TH STREET Page 319 of 2284 EXHIBIT"A" LEGAL DESCRIPTION: BEING A EASEMENT LYING IN A PORTION OF LOTS 30, .31, AND 31 BLOCK 1, "AMENDED PLAT OF SECOND OCEAN FRONT SUBDIVISION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGE 28, Cr THE PUBLIC RECORDS OF MIIAME—DADE COUNTY, FLORIDA BEING MORE PARTICULALRY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 30 OF SAID "AMENDED PLAT OF SECOND OCEAN FRONT SUBDIVISION", SAID PONT ALSO BEING ON THE EASTERLY RIGHT OF WAY OF COLLINS AVENUE; THENCE N 0117'32" W ALONG THE EASTERLY RICHT OF WAY UNE OF COLONS AVENUE A DISTANCE OF 103.33 FEET TO THE POINT OF BEGINNING; THENCE N 0113732" W CONTINUE ALONG THE EASTERLY RIGHT OF WAY UNE OF COLUNS AVENUE A DISTANCE OF 30.03 FEET; THENCE N 88'35'52" E A DISTANCE OF 85.37 FEET; THENCE N 5614'13" E A DISTANCE OF 76.31 FEET; THENCE N 88'36'02" E A DISTANCE OF 51.56 FEET; THENCE S 01'25'29" W A DISTANCE OF 20.27 FEET TO THE BEGINNIG OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 40.21 FEET, THE CHORD WHICH BEARS N 55'02'26" E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13129'01' A DISTANCE OF 92.28 FEET; THENCE N 5715'24" E A DISTANCE OF 25.38 FEET; THENCE N 8814'3.3" E TO THE INTERSECTION WITH THE "EROSION CONTROL UNE" AS RECORDED IN PLAT BOOK 105 PAGE 6 A DISTANCE OF 29.99 FEET; THENCE S 01137'32" E ALONG SAID "EROSION CONTROL UNE" A DISTANCE OF 179.57 FEET; THENCE S 89152'19" W A DISTANCE OF 245.00 FEET; THENCE N D156'20" W A DISTANCE OF 95.15 FEET; THENCE S 8819'24" W TO THE INTERSECTION WITH THE SAID EASTERLY RIGHT OF WAY UNE OF COLLINS AVENUE A DISTANCE OF 85.46 FEET TO THE POINT OF BEGINNING. CONTAINING 39,917 SQUARE FEET OR 0.9 ACRES MORE OR LESS. SURVEYOR'S NOTES: 1. THIS IS NOT A "BOUNDARY SURVEY". THIS IS ONLY A GRAPHIC REPRESENTATION (SKETCH) OF THE LEGAL DESCRIPTION SHOWN HEREON. 2. BEARINGS SHOWN ARE RELATIVE TO THE EASTERLY RIGHT OF WAY OF COLLINS AVE ACCORDING TO THE FLORIDA DEPARTMENT RIGHT OF WAY MAP WHICH IS REFERENCED TO BEAR NO1'37'52"W. 3. OWNERSHIP IS SUBJECT TO OPINON OF TITLE. THE LAND SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS OF WAYS OF RECORDS A TITLE REPORT WAS NOT PERFORMED FOR SAID LANDS 4. COORDINATES SHOWN HEREON ARE RELATIVE TO THE NORTH AMERICAN DATUM OF 83/2011. 5. EXHIBIT "A' CONSISTS OF TWO SHEETS, SHEET AS5 AND AS6. THIS DOCUMENT IS NOT FULL AND COMPLETE WITHOUT ALL SHEETS. SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY: THAT THIS "SKETCH AND LEGAL DESCRIPTION" IS CORRECT AND MEETS THE STANDARD OF PRACTICE FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FOURTH IN CHAPTER 472.027 (F.S.) AND CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY BRIAN T. BEWNO, PSM No. 4973 ON FEBRUARY B. 2021. BRIAN T. BELUNO, PSM DATE • OTY SURVEYOR MANAGER SIRVEYOROR AND MAPPER 94973 STATE OF FLORIDA • • "m'®`" 'TDB LEGAL DESCRIPTION&NOTES • PUBLIC WORKS DEPARTMENT ALLISON BEACH PARK-EASEMENT AREA AS6 11,0:11•,,,o,a,,,,WM,,, COLLINS AVE/65TH STREET • MY SURVEYOR • Page 320 of 2284