Utility Easement Agreement 2020 - 31518
This instrument prepared by/Return to:
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 , 2021 ("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 December 9, 2020, the Mayor and City Commission adopted Resolution
No. 2020-31518, 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.
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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 dale 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
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Infrastructure and shall make all repairs as deemed necessary by Grantee, in its reasonable
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.
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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
appurterrant to Grantor's Properly.
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.
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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]
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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
' /.,f FLORIDA, INC., a Florida not-for-profit
0 Signature corporation
AR/at- 6/ By: A�i
Print NamemePrint Name: i1�P ,Wi]•1�i 1 i it
/ Title:
Sign///a re
404411114'l 6,1014112-
Print Name
•
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The forgoing instrument was acknowledged before me by means of ,/physical
presence or �n . line notarization this `�}-� day of ' �i,1L.G.1, , 2021, by
A, .' I t4 kV IML I� 1 as a/the . of MOUNT SINAI M, i►ICAL CENTER
OF FLORIDA, INC/, a Florida not-for-profit corporation, on behalf of said co .oration, who is
personally knownVo me or produced as identification.
At.
Print Name: a(d S
Notary Pub. State of Florida
. My Commission Expires: '4+ oV�Y' as Fbride
Jennie;H'. ands
MypCommission
/14/2021 GG9478 92
Nerve/ Ex
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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
?o v\ ? , 5,1 col Florida .
Print Name By:
` 1111111"1111 Name: Dan Gelber
�
Title: Mayor
re
� ' LcA, r
Print la e
ATTEST:
�: .P i.,,, Signature
_�`�, Rafael E. Granado, City Clerk
iIKUP`OWED.` Print Name
j79� .; ..,V
'nLH Z�..-' APPROVED S TO
FORM LANGUAGE
•FOR EXECUTION
1 -- ill-2(
City Attorney-2)rr Date
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The forgoing instrument was acknowledged before me by means of X physical
presence or online notarization this! day of /+ VpZC/4 , 2021, by Dan Gelber, as Mayor,
and Rafael E. Granado, as City Clerk, of the CITY OF MIAMI BEACH, FLO' I = ••-
core oration of the State of Florida, on behalf of said municipal corporation ho is personally known
o m: or produced as identifir7ti•
Charles J.DAgostin l
�'°
NOTARY PUBLIC Print ame:6�C� I -. oS/f`.
__ ESTATE OF FLORIDA
�' t" 4)Comm#GG188171 Notary Public, State of Florida
9/4'cE A5" Expires 12/14/2021
My Commission Expires: [NOTARIAL SEAL]
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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
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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;
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•
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,
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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°11138"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.0.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.).
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Exhibit"B"
Easement Area
F:Attotorg/Public Works/Forms/Utility Easement Template 5.26.2020
12
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EXHIBIT "B"
8142.E'TICEE -TO A C'CJO I TEP A JT
L BlaA Z DES'C'HIP 11-T ON
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 ,- /\,-a,/�'A\ z
0 750' 1500' 1. This is not a Boundary Survey (no points were found or set).
1 all 17.
y '\r/.� 2. Legal description limits determined by client based on Point of Service
1 inch = 1500'ft. , • • , Plans prepared by Kimley Horn (Sheet C7.09, Project No.: 144544001).
e ENG\
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 Deportment of
Transportation RIGHT OF WAY CONTROL SURVEY (State Road No. 907/Alton
• '11:= GV12,
'II)
Road, Section 87037-001, Miami-Dade County, FL, prepared by Biscayne
aEngineering, completed on June 16th, 2020), having a bearing of North
• 29"06'37" East.
BISCAYNE BAY �� t��'� 4. Legal description limits lie within Folio: 02-3222-011-0360.
t4�,it,,Nt.:'e•i'� �.e. 5. Easements and/or restrictions of record were not considered and are not
EASEMENT I le. : 4�a�sitveq'14 shown hereon. Ownership subject to an opinion of title.
LOCATIONS Ni,,,41 C0�$ 444-77ZO•
:�1!g ��°.i.� 6. The minimum vertical clearance of this easement is 25 feet (as
:�ea ` I determined by the client).
.��%"#1di‘ .,.
ffIiiiit
,' 7. The easement limits described hereon form a closed geometric figure.
P� Q- l--.v�•0,
` ,e 8. This Sketch to Accompany Legal Description is valid only when all three
eJ •G ��u..110-,'1. a (3) sheets are combined, forming the complete document.
O� \\2 g
�� SS,�wo°� 7., r� `1
1-195 " - .it; e
• '.Vis'%``S. `* SURVEYOR'S CERTIFICATE:
,��\► \\
alisv -dI hereby certify that this SKETCH TO ACCOMPANY LEGAL DESCRIPTION is in
• 'r 3 compliance with the Standards of Practice as set forth by the Florida Board of
, `t0i` 4 Professional Land Surveyors and Mappers as referenced in Rule 5J-17 Florida
• ��,`,`�: : Administrative Code pursuant to Section 472-027 Florida Statutes.
® 11111 r!
:`� Certified to: City of Miami Beach
,1... ®tr:MY/ ''w....4 ' �'.a Biscayne Engineering Company, Inc.
/� ;• `�=r1 529 West Flagler Street, Miami. Fl. 33130
•AEU. a/-j (305)-324-7671
• -�• P �� State of Florida Department of Agriculture
L8-0000129
LEGEND & ABBREVIATIONS: Date: 10-30-2020 THE OFFICIAL RECORD
q = CENTER LINE Digitally signed OF
FETHIS SHEET IS THE
LB = LICENSED BUSINESS E�,. DIGITALLY.LECTRONSIGNED AND
L = ARC LENGTH �% �.. by Alberto J GEALCD UNDER RULE
HUb = POINT OF BEGINNING f I i'6 Rabionet 5J-17-062, F.A.C.
POC = POINT OF COMMENCEMENTOLG�,A,l .9- -' "'Date:2020.11.24 DTHIS ITEM HAS B
IG TALLY SIGNEDEEN
R = RADIUS
S.F. = SQUARE FEET 14:39:57-05'00' PRINTED COPIES OF THIS
(R) = PER RECORD DOCUMENT ARE NOT
A = CENTRAL ANGLE Alberto J. Rabionet, PSM, For The Firm CONSIDERED SIGNED AND
SEALED AN± = MORE OR LESS Professional Surveyor and Mapper No. 7218 SIGNATURE THE
BE
State of Florida VERIFIED ON ANY
THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN ELECTRONIC COPIES.
ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT.
PROJECT: MOUNT SINAI MEDICAL CENTER EASEMENT THIS IS NOT A SURVEY
DRAWING No. 2321-SS-07 0,1L .,,... IDA \SI•.:„N-3., s\ t,V K,,,,,v,,.;;:)4 .:«we:,a c,,,\,mv 1.6,,03-2,40•u:,-NI S'.-. ,117 E:t,AI Dv(
DATE: REV DATE: BEC ORDER# SHEET DRAWN BY CLIENT
MOUNT SINAI MEDICAL CENTER
10/30/2020 03-86960 1 OF 3 AJR
//
- SURVEYORS 529 W.FLAGLER ST,MIAMI,FL 33130 449 NW 35TH ST,BOCA RATON,FL 33431
g� BISCAYNE ENGINEERS
PLANNERS TEL. (305)324-7671 TEL. (561)609-2329
ENGINEERING •SINCE 1898• E-MAIL:INFO@BISCAYNEENGINEERING.COM • WEBSITE:WW.BISCAYNEENGINEERING.COM
EXHIBIT "B"
SNE-'1;OR TO ACCOMPANY
LECIAL DESCRZPIVIVINTr
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 Rood 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 13'44'45"; also being said Southerly Right of Woy 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 a point of Non—Tangency, thence South 5503'52"
West, a distance of 6.64 feet; thence South 2908'31" West, a distance of 10.49 feet; thence South 6051'29" East, a distance
of 16.28 feet; thence North 4031'09" East, a distance of 4.97 feet; thence North 550558" East, o 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 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 os 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 63'0921" East
from the center of said curve; thence Southwesterly along the arc of said curve, having a radius of 671.58 feet and o
central angle of 02'15'58", also being said Westerly Right of Way of Alton Road, a distance of 26.56 feet to o point of
Tangency; thence South 2906'37" West, along said Westerly Right of Way of Alton Road, o 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 89'49'02" West, a
distance of 75.93 feet; thence South 00'10'58" East, a distance of 24.14 feet; thence North 8949'02" East, a distance of
14.93 feet; thence North 00'10'58" West, o distance of 10.06 feet; thence North 89'49'02" East, a distance of 55.45 feet;
thence South 6053'23" 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 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 1)'0 1:9;,CS' bi «-010:1-2b,C:;,,: 0', ''..:TC,10;,«'*:,4,IEG:.V :.,:Ord\0i-'6C0-'iC.'TS'::Wof.:,51,FNIa.p
DATE: REV DATE: BECORDER# SHEET DRAWN BY CLIENT SINAI MEDICAL CENTER
10/30/2020 03-86960 2 OF 3 AJR
/
SURVEYORS
PLANNERS 529 W.FLAGLER ST,MIAMI,FL 33130 449 NW 35TH ST,BOCA RATON,FL 33431
�ISCAYi�E ENGINEERS TEL. (305)324-7671 TEL. (561)609-2329
ENGINEERING •SINCE 1898• E-MAIL:INFO@BISCAYNEENGINEERING.COM • WEBSITE:WW.BISCAYNEENGINEERING.COM
EXHIBIT "B"
'KED;�OE TV A0012:1161PAN1'Y
LE�Gi,A L 3.14ES�'oR EF p IrO N
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"W4' \, ,�o°o EASEMENT "A" (±226 S.F.) /
6N 529'08'31"W e, L=17.98' %`
_ R=660.00'
GRAPHIC SCALE m ( i �, 10.49' ''•I'ii x01'33'40" i
•141\,.TA• Z \
0 35' 70' T _ S60'S1'29"E s`�_POB
i' t�,l. ` 16.28'
1 inch = 70' ft. �\ . a" �� EASEMENT "A" ;
e ENO‘ N40'31'09"E. ``� ,�,�
4.97' r� \ 1S40'41'56"W
N55'05'58"E ,��9 • (RADIAL)
4.10' 60
LOT 41 SOUTHERLY RIGHT OF WAY IR=660.00' o°o
BLOCK 1 OF NORTH BAY ROAD A=13'44'45" s s 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' j AND THE SOUTHERLY
6=02'15'58" / / RIGHT OF WAY
MOUNT SINAI OF NORTH BAY
MEDICAL CENTER WESTERLY RIGHT OF WAY ,/ ROAD
OF ALTON ROAD
<_7 / /
� &)/
S29'O6'37"W
282.75'' N� r�
/
ti
'``./ _
N60'S3'23"W / Q" �`
EASEMENT "B" 8'38
(±1,291 S.F.) S89'49'02"W / POB / ,,
75.93' ' EASEMENT "8" r
S00'10'58"E / /
`,,�:; N29'06'37"E
•
24.14' ,,,;:3_� =::: \. '
S,'-;N 15.00'
N89'49'02"E. — ,' S60'53'23"E '1
14.93'
\/_
6.33' /N89'49'02"E \
55.45' /
NO0'10'58"W \
, 10.06'
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 ,„, f l,g:F...,.,OCL,: ',,.160.,u_:,,•:SAFTO("ACCG,,,"UL.J ci•,:‘,03-i€160,.,W4S :,,rtit-f:R,,:n!..,1
DATE: REV DATE: BEC ORDER# SHEET DRAWN BY CLIENT MOUNT SINAI MEDICAL CENTER
10/30/2020 03-86960 3 OF 3 AJR
B'SCAYNr 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
i�'
ENGINEERING •SINCE 1898• E-MAIL:INFO@BISCAYNEENGINEERING.COM • WEBSITE:WW.BISCAYNEENGINEERING.COM
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 r day ofCem6e 2020.
Dan Gelber, Mayor
ATTEST:
Rafe E. Granado, City Clerk z `••
lHi()APOAATEU,
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
: � ! ,_3, ►� l20W
U1 City Attorney j ‘
Date