C7M-Accept 2 Easements For Property At 6876 Collins Avenue -The Publix Property-COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting Two
Easements From Dorothy Riggs, John Riggs, William Riggs, And BMO Harris Bank (Publix) At 6876
Collins Avenue: 1) A Utility Easement Located At The South End Of The Property For The Construction,
Installation, Maintenance, Repair, And Replacement Of City Utilities And 2) A Non-Exclusive Pedestrian
Easement On The North Side Of The Property Parallel To The South Side Of 69 1
h Street From Collins
Avenue To Harding Avenue For Pedestrian Access.
Key Intended Outcome Supported:
Maintain the City's infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.): The Customer Satisfaction Survey indicated
that 60% of residents rated utility pipes in good condition
Item Summary/Recommendation:
During the design process associated with the construction of the Publix at 6876 Collins Avenue, the City
identified the need for two easements. One easement is for a water main on the south side of the property.
The second easement is for pedestrian access on the north side of the property.
The utility easement will allow the City to maintain the water main infrastructure necessary to provide
uninterrupted delivery of safe drinking water to residents. To configure the streetscape, harmonize with
future right-of-way improvements and to promote public safety (by providing more distance from vehicular
traffic) a non-exclusive easement is also needed for a public sidewalk, to convey pedestrian traffic.
The City has obtained approval of both easements from Dorothy Riggs, John Riggs, William Riggs, and
BMO Harris Bank (Publix), owners of the property located at 6876 Collins Avenue, for the construction,
maintenance, repair, and replacement of water mains and sidewalk.
The infrastructure has been installed as part of and at the expense of the Publix development. However,
maintenance, repair, and replacement costs of the infrastructure contained in the water main easement will
be the responsibility of the City in the future.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION
Advisory Board Recommendation:
In/a
Financial Information:
Source of
Funds: 1
OBPI Total
Amount
Clerk's Office Le islative Trackin
Department Director Assistant
ETC MT
Sign-Offs:
T:\AGENDA\2013\June 5\Publix at 6876 Collins Avenue Easement Summary.doc
MIAMI BEACH
Account
AGENDA ITEM c. 7 M
DATE (,-~-13
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMI SION MEMORANDUM
TO: Mayor Matti Herrera Bower and
FROM: Jimmy Morales, City Manager
DATE: June 5, 2013
SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AC EPTING TWO EASEMENTS FROM DOROTHY
RIGGS, JOHN RIGGS, WILLIAM RIGGS, AND BMO HARRIS BANK (PUBLIX) AT
6876 COLLINS AVENUE: 1) A UTILITY EASEMENT LOCATED AT THE SOUTH
END OF THE PROPERTY FOR THE CONSTRUCTION, INSTALLATION,
MAINTENANCE, REPAIR, AND REPLACEMENT OF CITY UTILITIES AND 2) A
NON-EXCLUSIVE PEDESTRIAN EASEMENT ON THE NORTH SIDE OF THE
PROPERTY PARALLEL TO THE SOUTH SIDE OF 69TH STREET FROM COLLINS
AVENUE TO HARDING AVENUE FOR PEDESTRIAN ACCESS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
During the design process associated with the construction of the Publix at 6876 Collins
Avenue, the City identified the need for two easements. One easement is for a water main on
the south side of the property. The second easement is for pedestrian access on the north side
of the property.
The utility easement will allow the City to maintain the water main infrastructure necessary to
provide uninterrupted delivery of safe drinking water to residents. The area of the new
easement is 5,084 square feet as described in the agreement between Publix and the City
(Attachment A) and as shown on the sketch (Attachment B), located at the south end of the
property.
To configure the streetscape, harmonize with future right-of-way improvements and to promote
public safety (by providing more distance from vehicular traffic), a non-exclusive easement is
necessary for a public sidewalk, to convey pedestrian traffic. The area of the new easement is
916 square feet as described in the agreement between Publix and the City (Attachment C) and
as shown on the sketch (Attachment D), located on the north side of the property, parallel to the
south side of 69 1h Street.
City Commission Memorandum-Publix at 6876 Collins Avenue Easement
June 5, 2013
Page 2 of2
ANALYSIS
The City has obtained approval of the utility easement from Dorothy Riggs, John Riggs, William
Riggs, and BMO Harris Bank (Publix), owners of the property located at 6876 Collins Avenue,
for the maintenance, repair, and replacement of water mains and appurtenances. The
easement is approximately 5,084 square feet, and described as a portion of Lots 13 and 22,
Block 6 of the amended Plat of Second Ocean Front Subdivision. The Plat thereof, is recorded
in Plat Book 28, Page 28, of the public records of Miami-Dade County Florida (Attachments A
and B).
The City has also obtained approval of the non-exclusive pedestrian easement from Dorothy
Riggs, John Riggs, William Riggs, and BMO Harris Bank (Publix), the owners of the property at
6876 Collins Avenue, for the maintenance, repair, and replacement of the sidewalk. The
easement is described as a portion of Lots 1 and 12, Block C of the corrected plat of Atlantic
Heights, according to the plat thereof, as recorded in Plat Book 9, Page 14, of the public records
of Miami-Dade County Florida, containing 916 square feet (Attachment C and D).
The infrastructure has been installed as part of and at the expense of the Publix development.
However, maintenance, repair, and replacement costs of the infrastructure contained in the
water main easement will be the responsibility of the City in the future.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the resolution.
Attachment:
A. Utility Easement Agreement
B. Utility Easement Sketch and Legal Description
C. Non-Exclusive Pedestrian Easement Agreement
D. Non-Exclusive Pedestrian Easement Sketch and Legal Description
MT/ETC/JJF/RWS/DS/DEF
T:\AGENDA\2013\June 5\Publix at 6876 Collins Avenue Easement Memo.docx
......... I•~•c•A•m•en•t•-•i .........
This instrument prepared by
(and after recording return
Heather Rae Trkovsky
Pt!BUX SUPER MARKETS, INC.
Post Office Box 407
Lakeland, Florida 33802-0407
For Recorder's Use Onlv
GRANT OF PERl1 ETUAL \¥ ATER MAIN EASEMENT
THIS WATER MAIN EASEMENT ("Easement'') is made this __ day of ______ _
2013, by and between COLLINS A VENUE, LLC, a Florida limited liability company; JOHN RIGGS
and BMO HARRIS BANK N.A., as Co-Trustees of the Priscilla W. Riggs Trust, dated December 16,
1991, for the benefit of John Riggs; DOROTHY RIGGS and BMO HARRIS BANK N.A., as Co-
Trustees ofthe Priscilla W. Riggs Trust, dated December 1 1991, the benefit of Dorothy Riggs; and
WILLIAM RIGGS and BMO HARRIS BANK N.A., as Co-Tmstees of the Priscilla W. Riggs Tmst,
dated December 16, 1991, for the benefit of WiHiam Riggs (collectively, "Grantor"); and the CITY OF
MIAMJ BEACH, a Florida municipal corporation (the
A. Grantor is the fee simple owner certain real property located in the of Miami Beach,
Miami-Dade County, Florida (the "Publix Property").
B. Grantor has agreed to grant to the City a non-exclusive easement over certain portion the
Prope1iy specifically described on Exhibit "A", attached hereto and by this reference
incorporated herein (the "Easement Area"), upon the terms and conditions set forth herein.
In consideration of the foregoing facts, covenants, conditions and contained
and for other good and consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto as follows:
l. Grant of Easement. Subject to in consideration of the terms and conditions set forth in this
Easement, Grantor hereby grants and conveys to the City a perpetual non-exclusive easement across the
to construct, install, inspect, operate and maintain a water main and all appurtenant
facilities thereto (collectively the Improvements"), with right to reconstruct, improve, v•u•"""·"'
remove all or any of facilities within the Easement Area, with the full right ingress thereto and
egress therefrom on the express condition that it is used for the express purposes provided herein. Any
use the Easement Area than in strict accordance with the terms and conditions of this '-"""''"'<'-'·'"'"'"
without the prior written consent Grantor is prohibited and shall constitute an over-
burdening of the easement.
2. Construction of Easement Improvements; Repair of Easement Area. The City shall perform
any and construction, and repair of any Easement Improvements located in the Easement
at its sole expense, in a good and workmanlike manner and full compliance with all rules,
regulations, permitting requirements, laws and ordinances of all governmental and
quasi-governmental authorities having jurisdiction. Upon completion of the Easement Improvements,
and after any repair, maintenance or replacement thereof~ the City shall promptly: (i) remove all
construction debris and equipment; (ii) fill and compact all excavations; and (iii) grade and restore the
"-""'"'"''·'-'"''u Area to the same condition as existed prior to commencement of such work.
Page 1
3. Relocation of Easement Area. Grantor shall have the right to relocate the Easement and
the Easement Improvements upon written notice to the provided, any such relocation of the
and Easement Improvements shall not frustrate the purpose of the Easement, or result in
any interruption in use of the Improvements, and Grantor shall bear the obligation and
expense relocating the Easement Improvements. Upon such relocation Grantor City
to execute record an amendment to this Easement setting forth new location.
4. No Public Grant. Nothing in this Easement shall be deemed to be a or dedication of any area
public use, other than as specifically set forth herein. Except as speciflcally provided herein, all rights,
'"'"':,...,u, ... L''"' and interests herein created are private do not constitute a grant for public use or beneHt.
5. Indemnity. Following fonnal acceptance of this instrument the Miami Beach City
Commission, and to the extent permitted by and subject to the limitations of Section 768.28, Florida
Statutes, City shall indemnify and hold harmless the Grantor all and against all claims,
judgments, and all loss, damage, costs or including attorneys' fees and court costs from
City's or agents' or subcontractors' acts or omissions, in any way com1ected with the installation,
location, repair, maintenance, use or replacement of Easement Improvements. indemnification
shall any cancellation of this Easement.
6. Liens. Pursuant to Section 713.10, Florida Statutes, Grantor's fee simple interest in the
Easement Area shall not be subject to The City shall timely pay all contractors for all work
conducted by or on behalf of the City on the Easement Area and keep Easement Area
clear any or materialmen's liens out of any work performed on the Easement
Area by or on behalf of If any construction or materialmen's is filed against the Easement
Area as a result services performed for or materials furnished to the the City shall cause
lien to released and discharged of record within thirty (30) days of receipt of notice of such lien,
either by paying the indebtedness which gave to such lien or by posting bond or other security as
shall be required by law to obtain such and discharge. Additionally, the City shall indemnify,
defend, and hold harmless Grantor any liability, damage, costs, or expenses (including
attorney's fees actually incurred and court costs) on account of oflien.
7. Title. the easement granted hereunder shaH be extinguished for any reason, whether by
agreement the or by operation of law, Grantor and the City agree to cooperate in preparing and
recording an appropriate instrument extinguishment of the easement.
8. Liability of Grantor. Grantor shall not be liable
Improvements, or liable for any consequential damages to
operation of the water main or damage resulting from the
regardless of the cause or causes of such loss or damage.
any loss or damage to any Easement
parties as a result of the grant hereof, the
failure any Easement Improvements,
9. Reservation of Rights. Grantor hereby reserves to itself, its tenants, invitees, licensees,
employees, successors and assigns the right to use Easement Area for lawful purpose, including
but not limited to use of the Easement Area as improved driveway and parking areas, or the location of
utilities; provided any such use does not frustrate purpose of this Easement.
10. Binding Effect. The terms and provisions this Easement shall binding upon and inme to
the benefit of Grantor and the City and each of their respective successors or
H. No Transfer of Fee Simple Title. This Easement shall never be construed as a conveyance,
any manner whatsoever, of fee simple title to any ofthe Easement it being intended by the
Page 2
12. Miscellaneous.
m
ventures or render either
uses
out this '-"'"'')"'"'"''--'
costs
return
is directed at the addresses set forth
may "'u'-'""~"'
gtven sent:
lf by nmil to Grantor to:
755 Beachland Boulevard
~--""''""''"' Bat1k.
Drive
1
Page 3
partners or
Dorothy Riggs
c/o BMO Private Bank
777 South Flagler Drive
Suite 140E
West Palm Beach, FL 33401
Attn: Eileen Minnick
William Riggs
c/o BMO Private Bank
777 South Flagler Drive
Suite 140E
West Palm Beach, FL 33401
Attn: Eileen Minnick
BMO Harris Bank N.A., as Co-Trustee
ofthe Priscilla W. Riggs Trust,dated
December 16, 1991, for the benefit
John Riggs, as Co-Trustee of the
Priscilla W. Riggs Trust, dated
December 1 1991, for the benefit of
Dorothy Riggs, and as Co-Trustee of the
Priscilla W. Riggs Trust, dated
December 16, 1991, for
benefit William Riggs
c/o BMO Bank
111 West Monroe Street, 16W
Chicago, IL 60603
Attn: Anthony G. Pappalardo
President, Trust Real Estate
With a copy to:
Publix Super Markets, Inc.
P.O. Box407
Lakeland, Florida 33802-0407
Attn.: Vice President Real Estate
If by overnight courier to Publix:
Publix Super Markets, Inc.
3300 Publix Corporate Parkway
Lakeland, Florida 33811
Attn: Vice President Real Estate
Page 4
With copy to:
John A. Attaway, Jr.
General Counsel and Secretary
Publix Super Markets, Inc.
P.O. Box 407
Lakeland, Florida 802-0407
If by mail or overnight courier to the City:
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: ofPublic Works
(f) This Easement shall be recorded in the public
and any documentary stamp taxes payable hereon shall be paid by
the Dade County. Recording
City.
(g) Headings and similar structural elements set forth in this Easement are intended for ease
of reference only, and are not intended, will not be construed, to reflect the intention ofthe parties or
to affect the substance of this Easement. This has been negotiated at mm's length between
Grantor and the City, each having an opportunity to negotiate the form and substance Therefore,
in construing the provisions of this Easement, the parties will be deemed to have had equal roles in
drafting; and the rule of strict construction shall not apply to this Easement
(h) This sets fmih the entire understanding between Grantor and the and
not be changed, modified or amended, except by an instrument in writing executed by the party against
whom the of such change, modification or amendment is sought. Whenever used, the
singular number includes the plural and the plural is singular, and the use of any gender includes all
genders.
(i) City hereby each represent and wammt to the other the following:
a. That they have the full power and to execute and deliver this Easement and
to perfonn its obligations hereunder.
b. That its respective legal entity is validly under Florida law good standing
and its status is active.
c. That this Easement constitutes a valid and legally binding obligation enforceable
under laws of Florida.
d. 'fhe execution, delivery and perfom1ance of this Easement will not violate, conflict
with, or constitute any default under any law, govemment regulation any agreement
or instrument binding upon
{Signatures begin on the following page.}
5
WITNESS
written above.
to on the
Signed presence COLLINS A VENUE, LLC, a Florida limited
liability company
By:~~~--~~~
-"-'~;__;:~-=~:;_;;_;:;;;__-!.._~!-:'U::.......;.Sn!'A!..Name: W. Andrew White
Its: President
The foregoing instrument was acknowledged before me this ~ day of b · 20 Jl_,
by W. Andrew White, the President of Collins Avenue, LLC, a Florida limited liability company.
Such person (check one) is personally known to me or has produced a valid driver's
license as identification.
My commission e
(Notary Seal)
6
MARIANNE HUDGINS
Notary Public-State of Flur,:: }
My Cornm Expires Jul i4. ' ;
Commission# EE 1 i24Ei. t
Signed, and delivered
in the presence of:
JOHN Rl
("'!"'! me ~ ..... .L day
W. Riggs 'T'rust, dated
is personally
continue on
Pag~
jti1-
the Priscilla
1
KARlA CARROLL
Notary Public · Notary Seal
ST::.TE OF MISSOURI
~}I Louis City
My con1m1SSIOn Expires Jan. 25, 2016
Commission # 12296503
Signed, sealed and delivered
in the presence of:
Print
The foregoing instrument was acknowledged before me this if~ day ,
by Dorothy Riggs, as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit
of Doro · . Such person (check one) is personally known to me or has ~d a valid
identification.
My commission expires: 'L.-""U>·-l s;
(Notary Seal)
CHI11SIIAN KIM
Commission It 1926327
Notary Public • California
San Luis Obispo County
M Cornrn Expires Feb 20, 2015
{Signatures continue on the following page.)
Signed, sealed and delivered
in the presence of:
(
STATE OF
COUNTY OF ------
WILLIAM RIGGS, as Co-
Priscilla W. Riggs Trust, dated December 16,
1991, for the benefit of William Riggs
The foregoing instrument was acknowledged before me this __ day of , 20_,
by William Riggs, as Co·-Trustee of the Priscilla W. Riggs Trust, dated December 1991, for the benefit
of William Riggs. Such person (check one) is personally known to me or has produced a valid
driver's license as identification. PLEASE ATTACHED ---
k,r RJ\0 (Z -M t fi!A
j\) D T/A-~ Pu e t--1 L
0~( IJ-{ dt!i3
CALIFORNiA
Notary Public, State and County Aforesaid
Printed Name:-----------
My commission expires: --------
(Notary Seal)
{Signatures continue on the following page.}
9
CALIFORNIA ALI..~PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
personally appeared
':;:*1-'#'of.,~-lk,~'\<V~~"~'-**Y'*"&~~.,rv~v~..._.,,.;l':+~"'h~~'"'"''\'V' ... "',.,Vf<">~<'\,.'-':,.'};,
:: KIRAN B. MISRA :;
" COMM. #1904245 ~
NOTARY PUBLIC • CALIFORNIA !ij
SAN DIEGO COUNTY 't
mission Expires Oct 14, 2014 !: ~~"''J!'\~~,...., .. ..,.,...,--,.~~~·9''•~~~'~**"'*~'"""' ... i\."":i'-¥.'*i<*,P.,_,'f!,_.g,.,~~"'·l ... *:o:'f!,,J%~ .. ,'k.,;*.,»,.~
who proved to me on the basis of satisfactory
evidence to be the person(t) whose name($') is/~
subscribed to the within instrument and acknowledged
to me that he/sRo,'tl"l®y executed the same in
his/~r authorized capacity~, and that by
his/~ signature~ on the instrument the
person~), or the entity upon behalf of which the
person~ acted, executed the instrument.
I certify under PENAL TV OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ,p:::::~~~~~.'"~~"-~~~-~~-~~
OPTIONAL-----------------------
rhaugh the information below is not required
and could prevent fraudulent
Description of Attached Document
Title or
Other Than Named Above: 1JAiULUriEiJL2~A~:D~ AJi:l.a!:::1~Ljj~&i.A!t!.t)}J~::
Capacity(ies) Claimed by Signer(s)
Signer's Name: --~~~~,,~~-~~,~-~,~,
CJ Officer ,,
[J Individual
[J Partner -~ [J Limited
II in Fact
L,J Trustee
[J Guardian or Conservator
Officer-
[] Individual
0 Partner ~ [] Limited
[] unr>rn<"' in Fact
[]Trustee
[' Guardian or Conservator
Easement
OFFICIAL SEAL
LOUISE TRAIL
Notary Public -State of Illinois
My Commission Expires Aug 3, 2016
Riggs
BMO Harris Bank N.A. executes instnnnem not personally, but
as Co-Trustee as afimo:said and is not liable in its
any whabuover, by
Any recourse under instmmem
rrust and any assets thereof.
on
execution ofthis instrument
only hJ be held against the aforesaid
OFFICIAL SEAL
LOUISE TRAIL
Notary Public -State of illinois
My Commission EMpires Aug 3, 2016
Easement-~
RMO Harri> Bank N A, executes this insirumem not personally, m
Co-Trustee as aforesaid and is not liabk in
\Va.y, whatsoever~ by reason of its execution vf this ittstrmn~nt,
Any recourse under this instrument is only to be held the aforesaid
Trust Estate a11d (.my assets ther(!of
on
OFFICIAL SEAl
LOUISE TRAIL
Notary Public -State of Illinois
My Commission Expires Aug 3, 2016
APPROVED
APPROVED AS TO FORM AND LANGUAGE
AND FOR EXECUTION
BMO HARRIS BANK N.A., as
Priscilla Riggs
~V~H<~''' 1 1,
BMO Harris Bank N.A. executes this instrument not personally, but solely in
as Co-Trustee as aforesaid and is not liable in its individllal
in any way, whatsotever, by reason of its execution of this instmment.
t,ny recoursG nnder rnis instrciment is only to be held against the aJ(Jresaid
Trust Estate and any assets thereof.
McLAUGHLIN ENGINEERING COMPANY
LB#285
ENGINEERING * SURVEYING * PLA T17NG * LAND PLANNING
400 NE 3rd AVENUE FORT FLORIDA
SCALE 1" = 60'
SKETCH AND DESCRIPTION
WATER LINE EASEMENT
PUBLIX COLLINS
Co.mn7&~·r:ftl·o at ffm Southeas:l
:-t:Jn the £est Nne .z,"J! sold lot 13. u
of f:fe,?kJ<.?Ii'1·a:
West, distance of /.Jii':04
76'3····7615
Wc·st o distance of !1/. 09 feet; them::e
of 78 thence
sofd 22, o
8iJ:J(/(}fJ~" !!est. a a'lstaru;o o! JO. 00 leetr
Wit's!, o distance of 15.00 teet; thence South Fosf; o
SKETCH
SITE LAYOUT
NOT TO SCALE
disiooce of 8EW/3 feet; !hence Seoih 0179'!54" W:ast, a dfs:tam:e ot
!2.58 feet,· lheru:e South 813':30'013'" East, on the South !!ne of
L&ts .22 ond iS, a diskmce of i!tl 00 teet: !hence North
East, a dkfom::e of 12.5!3 fee{; lhi:UifJO South Eas:i, a
distance ol 2!k 04 feet.: thetu::s ~vorth £oaf:. a tilstaNce of
f!!Uill f&&i; thence Sauth 78'08'4.8" Fast, a distance 1fU18 feet;
fhonco N&r(h fJ':...?£1 *11! ... £osf~ c dfstarrce of S.(J(J lace thence South
78"08'48" fosl, disftJnC!l? of $3.05 faol tv tha Point Begitmh1g.
of Mfornl Beach
square lOt')'f or
--+--PO!lvT OF
LOT 23 COMMENCEMENT
FlELD BOO!( NO.
JOB Oi?DER NO.
SE CORNER,
LOT 13
CertitTed Correct. Doted ol
McLAUCHLiN E/1/Gif/Etl?!NC COMPANr'
CANL ALBt?EKTSEN
Rog/stered L ond
State of
Exhibit A
........ ~--~~ ..... Attachment-B
SCAL£ 1" = 60'
McLAUGHLIN £NGJN£ERJNG COMPANY
LB#2B5
ENCINCCRING • Sf.lkVE'rfNC • PI.A n/NC • lAND .P!.ANN/1/C
400 N.t:. Jul A~&/Vt: f'OIIT /.AI/Ot:!Ul~Lf!. f'UJI?I()A
J.JJOI PHqt/f' (95#) 76J-7611 ' fA.X (!I!U) ;t(;.J-7615
\
SKETCH AND DESCR/P TION
WATER LIN£ EASEMENT
PUBLIX COLLINS
Legal OeSC!1ptlan
A patil~• c-f !cit /J md :?:!. /Jioak fl, AM!:tlf)fi} PU. T OF SoCONI)
OC£;.11 FRONT S!i81)1wt$10N, 11C<:Wd!n9 to liM p/d/ /hvscf, ao
"""~ 11'1 Pial IJ~ 28, Pd<}>t 211. cii.M pllf¥/k rrx:wd;g "'
MJami-OoriD Coo!ity, Flotldo, m!>'ll fully <lot<:rlb«< a,-fr>ilows:
THIS
SKETCH
CommtJIIcing of II>• SwiMosl comor of said lot 13; lh11nce Nor/h
00'00'00' £aGI, en lh• £ost line of saki iol J.J, a dl•lonco of U.OiJ
fe•t to lh• Point of Beginning; i.hfN!Ctl Cot!linuinl] Notlh oovo·oo·
E:ast, on sald ~asllirle, o dlslon¥tJ or 15.J.:1 ffn:tt,· th~m~~ North
78'08'48• West, o dis/Me• of 87.04 f••l; tllonct~ South 47:27'4!1"
W8sl, a dlslcmc• <>f /$.0$ fo~l.' (htmt:6 Ncrth !J$::JO'()Ii" *""t a
dl$/an~fl of 158.10 f4fl; /hoo~ Scvlb 02'2S'tH• Wf'•t "" t.~. W"sl
line of saM l.o I 22, fJ dhlrmc• cl IS.()() !Qcf; th<~~C~ Siwlh
88'30'06" oasl, ~ ditd<NM<t uf J{).()() (IJ(#~' fhvi'ICI SIXll/1 0/ '2?'54'
Wast, 11 disl«nce of 5.00 foot; lhoncq Soui!J 8/J'JO'Ofi" £ast. o
di•lrmM of 88.08 f••~· lh~nc;< South 01 '2!J'S4" W•sl, a distrmco of
12.58 fesl; /hone• South li<J";}O'O$" f'a&l, on lh• South lino of ooid
Lois: 7.2. and 13, a dlslonco of 20.00 ·r.et; lhMCB North 01'29'54•
~;.-a>f, o dtstonco ol 12.S8 f•<il; lh1>11Ct1 SoiJih 88'JO'otr E:osl, g
t!lMet!C# of 29.04 f,;qt· lh<mc~ Nivlh 47"27'4tr lrw~ a dis/once of
16.91 lui; {heM~ S®lh l'8'0!J'4$" (0$' If dfstfNioYJ of lt5.1J8 f•el;
/"""""' .'/()1'/h II~IW12" fiu,<f, o <l~iu/01::<' ~~ S.IXJ k¢1: lh<Ma" Sat.-llr
78'08'48• !est, ll l!istl:mc« of o.J.D$ (dill lo fho Point of Beginning.
Sl T£' LA YOUT
NOT TO SCALE
Sold tomt:: shvcl~. l)'lltq onii belnfl '" the Clly of Mioml Booah,
Ml<lml-0<:<111 C()fJfi/Y, Florirlo, <Jnd con !alnlng 5084 sqvur• foe/ or
IJ./1$7 lt!:N$ !TI(;I'ot ¢r l~u.
1JJ/t!J~u~~~-
CONSTRVC'f_ON 7/!d/12
LOT 21 B l 0 C K/< 6 U;r 14
WA IE'? UN~ E'ASEMENT I ~ ~
_(5.084 so. F.T)_ -t!~ '
LOT 22 ~
1) 'fNi ~:~tm t<~:h.ur, M H-l..,...,l.t ~d' ~J:t-w'-~.:-; o
_..,"" ........ """"'-' -" ,.<(.;, n.. <M>J><il--lj ~Mt l!b.lll-l-$lWI l$"';@>Ui .. ~ttl"fffM~lM:I-W """'('"'*'"""'' "'""""'"" ~-., .... .,., 17-:v btoi-..,...,-.~by lhi..,;,lh t..,.,..., .:.. ,V Ait 4ifi:'O~!I .M ~.w~ '\Jii141~-., ~ ._..,l~ >l)l!'t ~
IIIWW)'Iilt'..t :#-.:/.
t} Tll.'ffiii')I'A -•M>t"Y.
-') IJwhp ¥111m ~Ute tut ~~ Jll ~ /f;fKit $,
••"'-"' WW<Ia'fnt
fl£llJ BOOK NO. ----------
JOIJ ORDf:R NO. _;;;,U-...,15::;.:9c:.l.:...l......,_,.,...,._,.,---,-.,..-.,.-
e,;. \JMMf/2012/Uo911(WA TEJ?)
Rff. flit:: 11-.J-059
-<'---POINT OF
COMMENCEMENT
SE CORNER,
LOT 13
CERTIFICA liON
Certified Correct. Doled al
Fori LaudtJrdale, Florida lhis
fJih day of August, 2012.
Mc/.AUCHUN fNC!NURJNC COI.IPANY
(bL/td~
CA'i?'L C. lllBRO(r.Jt:N
Reglslored Land SurWJyo~ No. 4185
Slato af Fforld<J.
DRAWN BY: .....;.M...,M....;j":-...--------
CII<CKEO BY: ...;);QA..;.... ________ _
This instrument prepared by and return to:
Heather Rae Trkovsky, Esq.
Publix Super Markets, Inc.
P.O. Box 407
Lakeland, Florida 33802-0407
·--·
GRANT OF PERPETUAL PEDESTRIAN ACCESS EASEMENT
AND MAINTENANCE AGREEMENT
THIS GRANT OF PERPETUAL PEDESTRIAN ACCESS EASEMENT AND MAINTENANCE
AGREEMENT (the "Easement") is made this __ day of , 2013, by and between
COLLINS AVENUE, LLC, a Florida limited liability company; JOHN RIGGS and BMO HARRIS BANK
N.A., as Co-Trustees of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of John
Riggs; DOROTHY RIGGS and BMO HARRIS BANK N.A., as Co-Trustees of the Priscilla W. Riggs
Trust, dated December 16, 1991, for the benefit of Dorothy Riggs; and WILLIAM RIGGS and BMO
HARRIS BANK N.A., as Co-Trustees of the Priscilla W. Riggs Trust, dated December 16, 1991, for the
benefit of William Riggs (collectively, "Grantor"); and THE CITY OF MIAMI BEACH, a Florida municipal
corporation (the "City" or "Grantee").
RECITALS:
WHEREAS, Grantor is the fee simple owner of certain real property located in the County of
Miami Dade County, Florida; and
WHEREAS, Grantor has agreed to grant to the City a non-exclusive, pedestrian access
easement (the "Easement Area") over, and across, a portion of Grantor's property as such portion is
more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein,
and shown as the hash marked area on Exhibit "B" attached hereto and by this reference incorporated
herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by the parties, the City and Grantor agree as follows:
1. Recitals. The parties acknowledge that the foregoing recitals are true and correct and
hereby incorporated into this Easement as if fully set forth herein.
2. Pedestrian Access Easement. Grantor does hereby grant and convey to the City and
its successors and assigns, a perpetual, non-exclusive, above-ground easement in, over, upon and
across the Easement Area for the sole purpose of public pedestrian access over the Easement Area.
The Easement Area shall not create exclusive rights to use the Easement Area, and the undersigned
reserves all other rights not inconsistent with this Easement.
3. Public Access. Grantor expressly acknowledges and agrees that the general public
shall have the right to use the Easement Area for pedestrian access only and for no other purpose.
Notwithstanding the foregoing, this Easement shall not be a dedication of the Easement Area to the
public.
Page 1
4. Maintenance of Easement Areas. Grantor shall construct and maintain in good repair
the sidewalk improvements within the Easement Area at its sole cost and expense.
5. Indemnification. By acceptance of this instrument, and to the extent permitted by and
subject to the limitations of Section 768.28, Florida Statutes, the Grantee shall indemnify and hold
harmless the Grantor from all and against all suits, claims, judgments, and all loss, damage, costs or
charges including attorney's fees and court costs arising from Grantee's use of the sidewalk
improvements within the Easement Area as a public right of way, subject to the Grantor's satisfying its
obligation to properly construct and maintain in good repair the sidewalk improvements in the
Easement Area, and except to the extent solely caused by the lack of maintenance, negligence, or
willful misconduct of the Grantor, and/or its agents, officials, or employees ..
6. Covenants Running with the Land. It is intended that the easements, covenants,
conditions, restrictions, rights and obligations set forth herein shall run with the Easement Area, and
shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit
of the respective parties and their successors, assigns, heirs and personal representatives.
7. Attorney's Fees. In the event a party institutes any legal action or proceedings for the
enforcement of any right or obligation herein contained. the prevailing party shall be entitled to recover
its cost and reasonable attorney's fees incurred in the preparation and prosecution of such action or
proceeding. The City acknowledges, following formal acceptance of this Easement by the Miami Beach
City Commission, its liability for torts arising from its own acts or omissions to the extent provided and
allowed under Section 768.28, Florida Statutes.
8. Severability. Each provision of this Easement and the application thereof to the
Easement Area are hereby declared to be independent of and severable from the remainder of this
Easement. If any provision contained herein shall be held to be invalid or to be unenforceable or not to
run with the land, such holding shall not affect the validity or enforceability of the remainder of this
Easement. In the event the validity or enforceability of any provision in this Easement is held to be
dependent upon the existence of a specific legal description, the parties agree to promptly cause such
legal description to be prepared.
9. Revocation. Amendment or Termination. This Easement is an irrevocable grant of
pedestrian access which may be amended, modified or terminated only by the written consent of the
then owner(s) of the Easement Area and the City of Miami Beach, Florida or its designee.
10. Governing Laws. The laws of the State of Florida shall govern the interpretation,
validity, performance and enforcement of this Declaration. Venue for any action brought hereunder
shall be proper exclusively in Miami-Dade County, Florida.
11. Successors and Assigns. The covenants, conditions and agreements contained in
this Easement will inure to the benefit of and be binding upon the successors and assigns of Grantor
and the City, including but not limited to any condominium association which may be successor or
assignee of Grantor.
12. Waiver. No express or implied consent or waiver by a party to or of any breach or
default by the other party in the performance by such other party of its obligations under this Easement
will be deemed or construed to be a consent or waiver to or of any other breach or default in the
performance by such other party of the same or any other obligations of such other party hereunder.
Failure by a party to complain of any act or failure to act of the other party or to declare the other party
in default, irrespective of how long such failure continues will not constitute a waiver by such party of its
rights hereunder. The giving of consent by a party in any one instance will not limit or waive the
necessity to obtain such party's consent in any future instance.
Page 2
13. Authority to Execute. Grantor warrants and represents to the City that the individual(s)
signing this Easement on behalf of Grantor have full power and authority to execute and deliver the
Easement and to bind Grantor.
IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day
first written above.
Signed and sealed in the presence of:
Print Name:
Two WitnesbAS c:~s to---"""""'"~~~~~=.;;;:-
STATE OF J='Lo.Ut> A
COUNTY OF ']:'.,U)) lM ([ \ VE2..
COLLINS AVENUE, LLC, a Florida limited
liability company
Address: c/o W. Andrew White
The Northern Trust Company
755 Beachland Boulevard
Vero Beach, FL 32963
The foregoing instrument was acknowledged before me this~ day of F.e,..b · , 20 (3,
by W. Andrew White, the President of Collins Avenue, LLC, a Florida limited liability company.
Such person (check one) is personally known to me or has produced a valid driver's license
as identification.
{Signatures continue on the foflm.
Page 3
MARIANNE HUDGINS
• • Public · State of Florida l My Gomm. Expires Jul i 4, 2015
Commission# EE 11246?
Signed, sealed and delivered
in the presence of:
!"'":-'
Print Name_........._ ____ .J-V_I _A_N_D_It'-'S'-li_r._
Co-Trustee of the Priscilla
7 dated December 16, 1991, for
f John Riggs
Address: John Riggs
c/o BMO Bank
777 South Flagler Drive, Suite
Palm Beach, Florida 33401
Eileen Minnick
The foregoing instrument was acknowledged before me this QI1 day of ~:!Z.:Q~~[
20~, by John Riggs, as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1 ,
for the benefit of Riggs. Such person (check one) nally known to me or has
produced a valid driver's license as ldentlflcation.
My commission expires:
(Notary Seal)
{Signatures continue on the foi/owing page.}
KARLA CARROLL
Notary Public ·Notary Seal
STATE OF MISSOURI
St Louis City
My Commission E;;xpires. Jan. 25, 2016
Commission# 12296503
Signed, sealed and delivered
in the presence of:
Print Na
STATE OF wrfbr~
COUNTY OF S?.V\ u~ oh·.~f==
DOROtHY RIGG
Priscilla W. Riggs T t, dated December 16,
1991, for the benefit of Dorothy Riggs
Address: Dorothy Riggs
c/o BMO Private Bank
777 South Flagler Drive, Suite 140E
West Palm Beach, Florida 33401
ATTN: Eileen Minnick
The foregoing instrument was acknowledged before me this ~ day of \'Y\~YG~'--•
20 \~, by Dorothy Riggs, as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16,
1991, fO.! the benefit of Dorothy Riggs. Such person (check one) is personally known to me or
ha~ced a valid 0"~0 (\ driver's lice~)as identifica
Notary Public, State and County Aforesaid
Printed Name: t:HfZ,lS!vtt0 ~!1'-'\
My commission expires: "'2.-L;:r-\;;:
(Notary Seal)
CHRISTIAN KIM
Commission # 1926327 2 Notary Public -California z
San Luis Obispo County ~
M Cornm Ex ires Feb 20. 2015
{Signatures continue on the following page.}
Pag~
!fl!l·
Signed, sealed and delivered
in the presence of:
STATE OF ______________ _
COUNTY
as o-Trustee of the
Priscilla W. Riggs Trust, dated December 16,
1991, for the benefit of William Riggs
Address: William Riggs
c/o BMO Private Bank
777 South Flagler Drive, Suite 140E
West Palm Florida
ATTN: Eileen Minnick
The foregoing instrument was acknowledged before me this __ day of ,
20_, by William Riggs, as Co-Trustee of the Priscilla W. Riggs dated December 16,
1991, for the benefit of William Riggs. Such person (check one) is personally known to me or
has produced a valid driver's license as identification.
k'-fW\10 J?,_ MISM
AJCJ14VL~ />U~LA
0~~ I ( JOI.:S
ATTACHED
Notary ~(MJ,~A~@iS11'161GA!:l'~id
Printed Name: __ "'""':'"" ________ _
My commission ovn•r"'" ----------
(Notary Seal)
{Signatures continue on the following page.}
CALIFORNIA ALLwPURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
State of California }
County of~~~~~-~~""'~""""-~~~,~~
On~~1 I~
personally appeared
Above
who proved to me on the basis of satisfactory
evidence to be the person(~) whose name(i) is/a.Fe
subscribed to the within instrument and acknowledged
to me that he/s~ executed the same in
his/~ authorized capacity(iJ;J.5'), and that by
his/~ir signaturejs? on the instrument the
person(tB'), or the entity upon behalf of which the
person_}%) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
of Document ~~d/t:,~2~~~~:V,.(;J~~ .. ,~,,~::r:::_~~~~=L-~~,~,,,,~--"'
Document Date:
Other Than Named Above: :;J'iy::D~R_,oJETl--,~M~LRf:i:::J AV11JEJ
Capacity(ies) Claimed by Signer(s) k CJ tIP
Signer's Name: -----~,,~,,~w-~~-~
Officer-:1 Officer -
[! Individual [J Individual
[] Partner -D Limited [] General [] Partner -[J Limited
[] in Fact [] in Fact
D Trustee [J Trustee
D Guardian or Conservator C Guardian or Conservator
C Other:,,~~~,~~~~~-D Other:---~-----
Hem
P~7
Signed, sealed and delivered
in the presence of:
(WnnessVSig nature)
Print
BMO HARRIS , as Co-Trustee
of the Priscilla W. Riggs Trust, dated
December 16, 1991, for the benefit of John
Riggs
BMO Harris Bank N.A. executes this instrument not but
'"'n'""""" as Co-Trustee as ef0resaid and is not liable its
any way, whatsoever, reason of it;, 0xecution
recourse under this IS vniy to be
"'tnt'"'"'"'irl Trust Estate and any assets thereot
Address: BMO Harris Bank N.A.
c/o BMO Private Bank
111 West Monroe Street, 16W
Chicago, IL 60603
Attn: Anthony G. Pappalardo
Vice President, Trust Real Estate
The foregoing instrument was acknowledged before me thiSO:Z_L_ day ~~~-· 20ft, by BMO Harris Bank N.A., a: """*'"·""' .. &"""";,(A? as Co-Trus of the
Riggs. Such person Priscilla W. Riggs Trust, dated December
(check one) t !§ personally known to me ori
identification.
produced a valid ____ driver's license as
OFFiCIAL SEAL
LOUISE TRAil
Notary Public -Stale of Illinois
My Commission Expires Aug 3, 2016 My commission
(Notary Seal)
{Signatures continue on the following page.}
Signed, sealed and delivered
in the presence of:
STATE OF
COUNTYO~F--~~~------
BMO HARRIS BANK N as Co-Trustee
of the Priscilla W. Riggs Trust, dated
December 16, 1 , for the benefit of
Dorothy Riggs
BMO Harris Bank NA executes this instrument not personally, but
in its as Co-Trustee as aforesaid and is not liable in its
capacity any way, whatsoever, reason of its execution
of this instrument recourse under this is only to be
held against the Trust Estate and any assets thereof,
Address: BMO Harris Bank N.A.
c/o BMO Private Bank
111 West Monroe Street, 16W
Chicago, IL 60603
Attn: Anthony G. Pappalardo
Vice President, Trust Real
The foregoing instrument was acknowledged me this::)/~ay of~f2~::;t;;= ,
20/~. by BMO Harris Bank N.A., a Ule~~A~t'tt~F~f'~ , as Co-TruS@; of the
Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of Dorothy Riggs. Such
person (check one) i is personally known to me or i has produced a valid driver's
license as identification.
OFFICIAL SEAL
LOUISE TRAIL
Notary Public -State o! Illinois
My Commission Expires Aug 3, 2016
{Signatures continue on the following page.}
.Signed, sealed and delivered
in the presence of:
Print
S1 ATE OF ____::=:::::::::::::::::::::~~:::::;:.:._
COUNTY OF-~=-~---
BMO HARRIS BANK , as Co-Trustee
of the Priscilla W. Riggs Trust, dated
December 16, 1991, for the benefit of William
Riggs
BMO Harris Bank NA executes this instrument not but
in its as Co-Trustee as aforesaid and is not liable its
capacity any way, whatsoever, reason of its execution
of this instrument. recourse under this is only to be
held against the Trust Estate and any assets thereof.
Address: BMO Harris Bank N.A.
c/o BMO Private Bank
111 West Monroe Street, 16W
Chicago, IL 60603
Attn: Anthony G. Pappalardo
Vice President, Trust Real
The foregoing instrument was acknowledged before me thi~(~ay of~~:::
20 /:L, by BMO Harris Bank N.A., a ,Rei~9F~!OErZ1 , as Co-T the
Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of William Riggs. Such person
(check one) i is personally known to me or i has produced a valid driver's license as
identifi ·
OFFICIAL SEAL
LOUISE TRAIL
Notary Public -Stale ol Illinois
My Commission Expires Aug 3, 2016
APPROVED
lie, State and County Aforesaid
Printed Name: l OU!SE :bf\AIL
My commission expires: ~ -.3 -010/(p
(Notary Seal)
APPROVED AS TO FORM AND LANGUAGE
AND 11:0R EXECUTION
NOTES:
2)
J)
records
Point of
Exhibit A
McLAUGHLIN ENGINEERING COMPANY
LB#285
ENGINEERING *SURVEYING' *PlATTING *lAND PLANNING
400 NL 3rd AVENUE FORT LAUDERDALE, FlORIDA
33301 PHONE 763 7611 *FAX 763 7615
SKETCH AND DESCRIPTION
SIDEWALK EASEMENT
PUBLIX COLLINS
SHEET 2 OF 2 SHEETS
, CORRECTED PlAT OF ATLANTIC
as recorded in Plot Book 9, of the
of the most
on thc North line
more described as follows:
Northwest comer of sold Lot !; thence North
of said Lots 1 and a dis· lance of 1 JO. 99 feet to a
t of on a curve to the
to the mentioned course, with a radius of
. on arc distance of 4. 52 feet to a of
a distance of 8. 45 feet to a
t, with a radius of 10.00
feet to a of
t on a curve,· thence
t, whose radius bears South 44 with a
a central of 44 , on arc distance of 15.45 feet to the
TOG'LTJ-JER WITH:
at the aforementioned Reference Point '11 ·;· theoc,; North 89
line of said Lot a distance of 5225 feet to the Point of
thence con North 8.9 the said North a
16 feet to a on said curve to the
with a radius of 20.00 a central , an arc distance of 1550
89'20 a distance of 45.00 teet to a t of curve;
on said curve to the t, with a radius of 00 a central
, an arc d;~dance of 10.22 teet to a t thence
on said curve to the with a radius ot 10. of
'; an arc distance of 6.84 to the Point of
11/1 of said lands and in the of Miami Miami-Dade
Coun and con 916 square feet or 0210 acres more or less.
drawing Is
sc:o/,
NOT A BOUNDARY SU!i'VEY.
shown assume the East line of said Block 6,
00'00'00" East.
Revised this
FIElD BOOK NO.
,JOB ORDER NO. CA CHECKED BY: -~---------~
Exhibit B
McLAUGHLIN ENGINEERING COMPANY
LB#285
ENGINEERING * SUNVEYING * PLA TT/NG ,. LAND PLANNING
400 N.E: 3rd A VENUE FORT LAUDERDALE; FLOR/D;1
,33301 PHONE 763-7611 *FAX 763-7615
SCALE 1" = 60' 1
$KETCH AND DESCRIPTION
SIDEWALK EASEMENT
PUBLIX COLLINS
SHEET 1 OF 2 SHEETS
\
72/h Street
I
~
?_\--~~~~~~ ~1
"' <!)
" \:----~~~~~·"
described on Sheet
NOTES·
2)
~J)
ATLANTIC DRIVE
LOT 3
OF COMMENCE/v!ENT
REF: ?!:=REFERENCE POINT
shown assume lhe East line of said Block 6;
oo·oo·oo" Cas!.
FlEW BOOK NO.
JOB ORDER NO
Rev/sed thi:<s 15th
!"----~
THIS
SKETCH
SITE LAYOUT
NOT TO SCALE
at
this
2012.
2013.
DRAWN BY:----"---------
.................... Attachment-D
SCALE 1', -60'
McLAUCHLIN ENGINEERING COMPANY
ENGINEERING * SURVEYING *PLATTING *LAND PLANNING
400 N.£. 3rd AVENUE FORT LAUDERDALE, FLORIDA
33301 PHONE (954) 763-7611 *FAX (954) 763-7615
AND DESCRIPTION
SIDEWALK SEMEN 72th
PUBLIX COLLINS Normandy
1 OF SHEETS Q.)
"' "' ~
" Atlantic Dr/
Street
Drive {934}
LEGAL DESCRIPTION: <.:!.~--r---~Jiiiiiiiiiiiiiiiiipiii~
(I>
A portion of Lots 1 and Block "c'; CORRECTED PLAT ~
OF A TLANTJC HEIGHTS, according to the plat thereof, as
recorded in Plat Book 9, Page 14, of the public records of
Miami-Dade County, Florida, more fully described on Sheet
2 of 2 Sheets.
THIS
SKETCH
51 LA T
~
.l.
I
~
Q.)
"' "' "' " "
"' "'
ATLAN DR/ TH STREET) NOT SCALE
NOTES:
LOT 3
LEGEND:
P.O.C.=POINT OF COMMENCEMENT
REF. PT.=REFERENCE POINT
I) This sketch ref/eels all easements and rights-of-way. as
shown an above referenced record p/al(s). The subject property
was not abstracted for other easements rood reservations or
rights-of-way of record by McLoughlin Engineering Company.
2) Legal description prepared by McLaughlin Engineering Co.
3) This drawing is not valid unless sealed wilh an embossed
surveyors seal.
4) THIS IS NOT A BOUNDARY SURVEY.
5) Bearings shown assume the East line of said Black 6,
as NDrlh 00'00'00" East.
FIELD BOOK NO.
JOB ORDER NO. U-6911 ----------------------C: \JMM}r/2012/U691J(SIDEWALK)
REF. FILE: 11-3-059
Certified Correct. Dated at
Fort Lauderdale, Florida this
14th day of December, 2012.
Revised this 15th day of May, 2013.
ORA WN BY: _.;,_'M_;'M)'-i-________ _
CHECKED BY.· __ c_~----------
NOTES:·
McLAUGHLIN ENGINEERING COMPANY
LB#285
ENGINEERING * SUR VEYJNG * PLA TTING * LAND PLANNING
400 N.E. 3rd A VENUE FORT LAUDERDALE, FLORIDA
33301 PHON£ 76'3-7611 *FAX (954) 763-7615
SKETCH AND DESCRIPTION
SIDEWALK EASEMENT
PUBLIX COLLINS
SHEET 2 OF 2 SHEETS
A of Lots 1 and 12, Block , CORRECTED PLAT OF ATLANTIC HEIGHTS,
according to the plot thereof, as recorded in Plat Book 9, of the public
records of Miami-Dade Coun Florida, more fully described as follows:
(!) at the most North, Northwest comer of sold Lot 1; thence North
89'13'10 East, on the North line of said Lots 1 and a distance of 110.99 feet to o
Reference Point ')1" and to o point of cusp,· thence Westerly on a curve to the left,
whose rodJi;s point is perpendicular to the last mentioned course, with a radius of
/i.i. 00 a central angle of 25"52'37': on arc dlstance of 4.52 fe_-f ro o ; of
tangency; thence South West, a distance of 8. 45 feet to a point of curve;
thence Westerly on said curve to the n:qht, with a radius of 10.00 feet, a central angle
ol 25"53'32'; on ore distance of 4.52 feet to a point of tangency; thence South
89'14'06" West, o distance of 108.60 feet to o point on a curve; thence Northeasterly
on said curve to the right, whose radius point bears South 44:59'52" with a
radius of 20.00 feet, a cen fro/ angle of 44 , an arc distance ol 15.43 feet to the
Point of Beginning (!).
TOGETHER WITH:
Commencing (1) at the aforementioned Reference Point ';· thence North 89'13'10"
East, on the North line of said Lot a d/.:;tance of 52.25 feet to the Point of
Beginning (2); thence continuing North 89'!3'10" East, on the said North line, o
distance of 46. 76 feet to a point of curve,· thence Easterly on said curve to the right,
with a radius of 20.00 feet, a central of 44'24'22'; an ore distance of 15.50
thence South 89 West, a distance of 45.00 feet to a paint of curve;
thence North on said curve to the right, with a radius of 15.00 feet, o centra!
angle of 39'02 , an arc distance of 10.22 feet to a point of reverse curve; thence
Westerly on sold curve to the left, with a radius of 10.00 a central angle of
39'09'54'; an arc drc;tance of 6.84 to the Point ol Beginning (2).
All of said lands situate, lying and In the City of Miami Beach, Miami-Dade
County, Florida, and containing 916 square feet or 0. 0210 acres more or less.
CERTIFICATION
Certified Correct. Dated at
Fort Lauderdale, Florida this
14th day of 2012.
Revised this 15th of May, 2013.
I) 71Jh sketch ref/eels all easements and rights-of-way, as
shown on above referenced record plot(s). The subject properly
was not abslracled for other easements rood reservations or
rs-.nr-•wnu of record by McLaughlin Engineering Company.
2) Legal prepared by Mcl.aughlin Engineering Co.
3) This drawing is nat valid unless sealed with an embossed
seal.
4} !HIS NOT A BOUNDARY SURVEY.
5) Bearings shown assume the East line of said Block 6,
as North 00'00'00" Easl.
FIElD BOOK NO.
JOB ORDER NO.
C: \JMMjr/2012/U6911(SIDEWALK)
REF. FILE: 11--3-·059
DRAWN BY:_...........;:..........-------~
CHECKED BY: CA
RESOLUTION TO BE SUBMITTED
THIS PAGE INTENTIONALLY LEFT BLANK