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Perpetual Easement part 2Zc�Z.3- 321 39 DoruSign Envelope ID: 342160F0-D53A-4FF7-AFEB-BC32A4E17015 07-PE.13 This instrument prepar or under the direction f, g,1 Alicia Trujillo, Esq. District Six Chief Counsel Document prepared by: 4� State of Florida Department of Transportation 1000 N.W. 111 th Avenue Parcel No. Miami, Florida 33172 Item/Segment No. June 5, 2023 Managing District Parcel Folio its GF'N 2023RO717623 OR BK 33917 Pss 1158-1165 (Spss) RECORDED 10/10/202.3 11:05' :6 DEED DOC TAX `Ei+ o JUAIq FERNANDE-EARQUIN CLERK, OF THE COURT & COMPTROLLER MIAMI--DADE COUNTYr FL 800.1 R.(9/1 1/2023)RTB 443931-1 6 02-3226-001-2050 OCT — 6 2023 PERPETUAL EASEMENT THIS EASEMENT Made the ( day of QUOSB12, 20 _Z3L, by CITY OF MIAMI BEACH, a municipal corporation, Grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a non-exclusive perpetual easement in, over, under, upon and through Parcel 800, which is described below, for the purpose of constructing, installing, and maintaining a signal mast arm, foundation, and signalization hardware. Parcel 800 F.P. No. 443931-1 A portion of that certain unnumbered out -lot lying Westerly of and opposite to Lots 16 and 17, Block 36, AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as recorded in Plat Book 5, at Page 7 and 8 of the Public Records of Miami -Dade County, Florida being more particularly described as follows: COMMENCE at the intersection of Baseline of Survey for State Road AIA (Indian Creek Drive) as shown on the F.D.O.T. Digital Right of Way Control Survey for S.R. AIA (Collins Avenue) prepared by Manuel G. Vera and Associates, Reference FP No. 443931-1, and Baseline of Survey for State Road 112 (Arthur Godfrey Road/ 41 st Street), THENCE North 22'50'16" East, along said Baseline of Survey for State Road A -I -A, for a distance of 49.18 feet; THENCE North 67°09'44" West, at right angles to the last described course, a distance of 85.05 feet to the West Right of Way Line of Indian Creek Drive, and the POINT OF BEGINNING; THENCE North 22*50'16" East, along a line lying West of and parallel to said Baseline of Survey for State Road A-1-A, for a distance of 44.36 feet; THENCE South 67009144" East, at right angles to the last described course, a distance of 19.35 feet to the point of intersection with a circular curve, along said West Right of Way Line of Indian Creek Drive, concave to the Northwest having as its elements a radius of 90.00 feet, a central angle of 31 ° 11'42", a chord bearing of South 46°24'00" West, a tangent bearing through said point bears South 30048'09" West; THENCE Southwesterly, along the arc of said curve, for an arc distance of 49.00 feet to the POINT OF BEGINNING. All of the foregoing lying in Section 23, Township 53 South, Range 42 East, City of Miami Beach, Miami -Dade County, Florida and containing an area of 536 square feet more or less. MB/AR/06/02/2023 Prepared by: Biscayne Engineering Company, Inc. LB 0129 529 West Flagler Street, Miami, FL 33130 Tel (305) 324-7671, Fax (305) 324-0809 1 of 6 No coukry c u' na MMVM1�t,lV3� O �� ty 4OE coo DocuSign Envelope ID: 342160F0-053A-4FF7-AFEB-BC32A4E17015 TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever, and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be beret affixed, attested by its City Clerk, the date first above written. ATTEST: CITY OF MIAMI BEACH, Rafael E. Gran do a municipal corporation Its City Clerk STATE OF FLORIDA OCT -- 'i t,7 ............ ti ?Il;CORP ORATED' COUNTY OF 14 I C(ILU - \)CtJ — 6 2023 Bypity�Manager Atudak Its 17DO ConventionnCenter Drive Miami Beach, Florida 33139 Address APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney Date AM The foregoing instrument was acknowledged before me by means of [q-Kiysical presence zation, this 5 , day of Q. L46-3� r 20'13 , by Alina T. Hudak, City Manager, who ersonally known me or who has produced as identification. Notary Stamp ( v �,,a -��egI (Signature of person takOA qr e"ntl Notary Public State of Florida (Type, p na%lIIB1$iffifgl$/�14.� Title or raniA d�3�rial cftxplres �6%2p2(i 2 of 6 aV CO UA/? , ,rr tLkHN CMG V 'pA u• N Q �p� ppp a[T1it OAP 4pB coin' DocuSign Envelope ID: 342160F0-D53A-4FF7-AFEB-BC32A4E17015 EXHIBIT "A" PARCEL 800 GENERAL NOTES: THIS IS NOT A SURVEY Bearings shown hereon are relative to the Baseline along State Road AlA (Indian Creek Drive), having a bearing of N 22150'16" W and are based on the Digital Right of Way Control Survey for S.R. AlA (Collins Avenue) provided by F.D.O.T. and prepared by Manuel G. Vera and Associates. Reference FP No. 443931-1. Bearings and distances are calculated unless noted. - Additions and/or deletions to survey maps, sketches, or reports by any party other than the signing party are prohibited without the written consent of the signing party. - This document consists of four (4) sheets and shall not be considered full, valid, and complete unless each sheet is attached to the other. - Biscayne Engineering reviewed the Title Search Report prepared by American Government Services Corporation, Number: 32385, certified through April 26, 2023 at 8:00 a.m. Matters affecting the Subject Property (if any) have been shown hereon. - Not valid without the original signature and seal of a Florida Licensed Surveyor and Mapper. - This sketch to accompany Legal Description is in compliance with the Standards of Practice as set forth by the Florida Board of Professional Land Surveyors and Mappers, Referenced in Rule 5J-17 Florida Administrative code pursuant to Section 472.027, Florida Statutes. REFERENCES: - Digital Right of Way Control Survey for S.R. AlA (Collins Avenue) accompanied by a Surveyor's Report provided by F.D.O.T. and prepared by Manuel G. Vera and Associates. Reference FP No. 443931-1. - Record Plat. LEGEND: � - Baseline C.B. - Chord Bearing CL Centerline eoo Parcel Identification Number D.B. - Deed Book E. - East ESMT - Easement EXIST. - Existing F.D.O.T.-Florida Department of Transportation F.P. - Financial Project L - Length LT - Left N. - North NO. - Number O.R.B. - Official Records Book P.B. - Plat Book PG. - Page P.O.T.- Point of Termination B.E.C. 03-87703 DWG# 2633-SS-08 PNC - Project Network Control R - Radius RGE. - Range R/W Right -of -Way S. - South SEC. - Section STA. - Station SQ. FT. - Square Feet S.R. - State Road T.B. - Tangent Bearing TWP. - Township P.O.B. - Point of Beginning P.O.C. - Point of Commence (P) - Plat S.R. - State Road W. - West A - Delta BISCAYNE ENGINEERING COMPANY, INC. 529 W. FLAGLER ST, MIAMI, FL 33130 TEL. (305) 324-7671 STATE DEP,ARTNI(j T,OF AGRICULTURE CERTIFICAT'15 O Xk14ORIZATION LBO129 Iri ✓ �_,_ DATE: 0610712023 MIKE BARTH', LQM A ��AM, FOR THE F[RM THIS IS NOT PROFESSIONA'LISURVEYCR AND MAPPER A SURVEY FLORIDA LICENSE NO. 5666 FLORIDA DEPARTMENT OF TRANSPORTATION SKETCH TO ACCOMPANY LEGAL DESCRIPTION STATE ROAD NO. AlA MIAM1-DADE COUNTY 6Y DATE RRElAREO BY: $39 W FI IAA S1REEicue�AN�•IM. DATA SW BCE: NIAW EEORIDA "I"SEE GENERAL NOTES EL 306 32.1671 U. I DRAWN G.P. OS/19l2023 REY15gN BY DATE CHECKED I I.V. 05/1912023 F.P. NO. 443931-1 SECTION 87060 SHEET 1 OF 4 3 of 6 DoouSign Envelope ID: 342160F0-D53A-4FF7-AFEB-BC32A4E17015 Legal Description (Parcel 800): A portion of that certain unnumbered out -lot lying Westerly of and opposite to Lots 16 and 17, Block 36, AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAM1 BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as recorded in Plat Book 5, at Page 7 and 8 of the Public Records of Miami -Dade County, Florida being more particularly described as follows: COMMENCE at the intersection of Baseline of Survey for State Road AlA (Indian Creek Drive) as shown on the F.D.O.T. Digital Right of Way Control Survey for S.R. AlA (Collins Avenue) prepared by Manuel G. Vera and Associates, Reference FP No, 443931-1, and Baseline of Survey for State Road 112 (Arthur Godfrey Road/ 41st Street), THENCE North 22D50'16" East, along said Baseline of Survey for State Road A-1-A, for a distance of 49.18 feet; THENCE North 67D09'44" West, at right angles to the last described course, a distance of 85.05 feet to the West Right of Way Line of Indian Creek Drive, and the POINT OF BEGINNING; THENCE North 22050'16" East, along a line lying West of and parallel to said Baseline of Survey for State Road A -]-A, for a distance of 44,36 feet; THENCE South 67°09'44" East, at right angles to the last described course, a distance of 19.35 feet to the point of intersection with a circular curve, along said West Right of Way Line of Indian Creek Drive, concave to the Northwest having as its elements a radius of 90.00 feet, a central angle of 31°11'42", a chord bearing of South 46°24'00" West, a tangent bearing through said point bears South 30048'09" West; THENCE Southwesterly, along the arc of said curve, for an arc distance of 49.00 feet to the POINT OF BEGINNING. All of the foregoing lying in Section 23, Township 53 South, Range 42 East, City of Miami Beach, Miami -Dade County, Florida and containing an area of 536 square feet more or less. THIS IS NOT A SURVEY This document consists of four (4) sheets and shall not be considered full, valid, and complete unless each sheet is attached to the other. - -- FLORIDA DEPARTMENT OF TRANSPORTATION SKETCH TO ACCOMPANY LEGAL DESCRIPTION 1 — - STATE ROAD NO. AlA BY DRAWN I G.P. NEVL`10N I UY I DATE I CHECKED I I.V. DATE I PREPARED BY F.P. NO. 443931-1 MIAMI-DADE COUNTY N' DATA IOU0.CE. SEE GENERAL NOTES SECTION 87060 SHEET 2 OF 4 NO GGUNT n� A n ��r E ro40f COU�� DoouSign Envelope ID: 342160F0-D53A-4FF7-AFEB-BC32A4E17015 LOCATION SKETCH CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FL. SECTION 23 TOWNSHIP 53 S., RANGE 42 E. AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY P.B.5,PG7&8 CC Ve to 42nd STREET 2 �6)a �J 1 24�~ c� �. 100'(P�REET( QETAISE� ^� n O o ^ /a Q 14 ) I0031(P) a SHEFi A Af nol _�U.`' H:/° ,s �1 STA.7., ARI W W a cc v M N d ni u w / 01 a' 26 i� I RWC1 A=87°21'57" IO 40, 161.25' P L=137.23' 40' P I00' p) Ln N60°07'36"E C.B � 40th STREET 16th STREET IPA RWC2 NOTES: A=06°23'59" L=87.16' (*) - AS SHOWN ON F.D.O.T. DIGITAL R/W CONTROL SURVEY FOR S.R. R=780.34' AIA (COLLINS AVENUE) ACCOMPANIED BY A SURVEYOR'S REPORT C.B.=N79°20'12"W PROVIDED BY F.D.O.T. AND PREPARED BY MANUEL G. VERA AND ASSOCIATES. REFERENCE FP NO. 443931-1. 0 50 100 This document consists of four (4) sheets and shall not be considered THIS IS NOT full, valid, and complete unless each sheet is attached to the other. A SURVEY I Scale: 1" _ 100' FLORIDA DEPARTMENT OF TRANSPORTATION --- SKETCH TO ACCOMPANY LEGAL DESCRIPTION STATE ROAD NO. AIA MIAMI-DADE COUNTY RY DATE PREP8T. Sa1:5'Cwmee1RWGG COYPAM', W DATA SOURCE: i'0ewiasit�i6;SI�'�ulo�t9 SEE GENERAL NOTES DRAWN G.P. 0511W2023 REVWON Ar DATE CHECKED Lv. 05n9l2023 F.P. NO, 443931-1 SECTION 87060 SHEET 3 OF 4 5 of 6 N DocuSign Envelope ID: 342160F0-D53A-4FF7-AFEB-BC32A4E17015 W DETAIL "A" N CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FL. w SECTION 23 TOWNSHIP 53 S., RANGE 42 E. cc vi ' e / a U SEE / r` DETAIL 800 Z BELOW Uj P.O.B. 0, ,. / o�'r =n/ � V � Ns�`o q RTyVR GooFS 112 RD STREE � 41 st r � r o0 r � N76°11'2s W 234 ry� SrA. -- P.O.C. 36.22 74+29.76X65.70'LT / 85.05'LT NOT TO SCALE / B00+29.76 / v / / /G� P.O. B. / 73+11 85.05' LT THIS IS NOT A SURVEY 0 15 30 Sc® 1' — 30, AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY P.B. 5, PG 7 & 8 L1 C1 N22°50'16"E A=31°11'42" 44.36' L=49.00' L2 R=90.00' S67°09'44"E C.B.=S46°24'00"W 19.35 NOTES: (*) - AS SHOWN ON F.D.O.T. DIGITAL R/W CONTROL SURVEY FOR S.R. AIA (COLLINS AVENUE) ACCOMPANIED BY A SURVEYOR'S REPORT PROVIDED BY F,D.O.T. AND PREPARED BY MANUEL G. VERA AND ASSOCIATES. REFERENCE FP NO. 443931-1. This document consists of four (4) sheets and shall not be MMENTS considered full, valid, and complete unless each sheet is attached to the other. PARCEL NO.1 OWNER'S NAME PARCEL AREA I REMAINDER I CO 800 CITY OF MIAMI BEACH 536 SQ. FT. FLORIDA DEPARTMENT OF TRANSPORTATION SKETCH TO ACCOMPANY LEGAL DESCRIPTION STATE ROAD NO. AIA MIAMI•DADE COUNTY BY DATE PREPARED BY. 17! Wvrlf�ldV1G CDwrAwr, u,e DATA SOURCE: _ SEE GENERAL NOTES DRAWN G.P. OS/IDR023 REVIO.. By DATE CHECKED I.V. 051IW2029 F.P. NO, 443931-1 SECTION 87050 SPIFFY 4 OF 4 6 of 6 0 RESOLUTION NO. 2023-32739 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 NON-EXCLUSIVE, PERPETUAL EASEMENT IN FAVOR OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), IN THE FORM ATTACHED TO THIS RESOLUTION AS COMPOSITE EXHIBIT "1"; SAID EASEMENT CONTAINING AN EASEMENT AREA OF APPROXIMATELY 536 SQUARE FEET, LOCATED ADJACENT TO THE INTERSECTION OF INDIAN CREEK DRIVE AND W 41ST STREET, LYING WITHIN A PORTION OF THAT CERTAIN UNNUMBERED OUT -LOT, LYING WESTERLY OF AND OPPOSITE TO LOTS 16 AND 17, BLOCK 36, OF THE AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGES 7AND 8, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, AS MORE PARTICULARLY DESCRIBED IN THE EASEMENT, FOR THE PURPOSE OF CONSTRUCTING, INSTALLING AND MAINTAINING A SIGNAL MAST ARM, FOUNDATION, AND SIGNALIZATION HARDWARE. WHEREAS, the Florida Department of Transportation (FDOT) is performing roadway improvements along SR Al A/ Collins Avenue, from 44th Street to the 4700 Block, and along Indian Creek Drive, from 41 st Street to 44th Street (the "Project"), set to start in September 2024. and WHEREAS, in addition, on September 14, 2022, the City Commission approved Resolution 2022-32294, requesting that FDOT pursue the design and implementation of dual southbound turning lanes along Indian Creek, onto westbound 411' Street, as part of this FDOT Project, and WHEREAS, FDOT determined that the implementation of the dual right turning lanes would cause some of the proposed roadway components to fall outside of the FDOT right of way and onto a City -owned parcel; and WHEREAS, FDOT is requesting that the City approve a non-exclusive, perpetual easement ("Easement"), containing an easement area having approximately 536 square feet ("Easement Area"), located on City -owned property, located adjacent to the intersection of Indian Creek Drive and W 415' Street, for the purpose of constructing, installing, and maintaining a signal mast arm, foundation, and signalization hardware by FDOT and/or its contractors; and WHEREAS, the proposed Easement Area will be lying within a portion of that certain unnumbered out -lot lying westerly of and opposite to Lots 16 and 17, Block 36, of the AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as recorded in Plat Book 5, at Page 7 and 8 of the Public Records of Miami -Dade County, as more particularly described in the proposed Easement, and WHEREAS, the City has reviewed the documents provided by FDOT and has determined the City's property interests are not adversely affected, and that the installation of the mast arm would serve an important public transportation purpose, therefore, the City Manager recommends approving the execution of the Easement in favor of FDOT, a copy of which is attached hereto as Composite Exhibit "1". NOW, THEREFORE, BE IT DULY 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 City Manager and City Clerk to execute a non-exclusive, perpetual easement in favor of the Florida Department of Transportation (FDOT), in the form attached to this Resolution as composite Exhibit "'I"; said Easement containing an Easement Area of approximately 536 square feet, located adjacent to the intersection of Indian Creek Drive and W 41 st Street, lying within a portion of that certain unnumbered out -lot, lying westerly of and opposite to Lots 16 and 17, Block 36, of the AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as recorded in Plat Book 5, at Pages 7 and 8, of the Public Records of Miami -Dade County, as more particularly described in the Easement, for the purpose of constructing, installing and maintaining a signal mast arm, foundation, and signalization hardware. PASSED and ADOPTED THIS 13 day of x, 2023. ATTEST: CITY CLERK STATE OF RORIDA, COUNTY OF MIAMI-DADE 1 HEREBY CERT FY that this is a true copy of the o Cou ��AN acea �rP. �.. origi Ir it is o � n —_day of 113 J AID 24 � 3 WITNESS my h m d u: naI Seal. S LUIS G. th Fr ;; Interim of Cir:vit and Count °, IN 4.0 WE lw" By D.C. Cou Y nit an'uu 't s APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION