HomeMy WebLinkAboutR-95-0419J-95-423
5/17/95
RESOLUTION NO. 95 _ 410
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ENTER INTO A PURCHASE AND
SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH METROPOLITAN DADE COUNTY (THE
"COUNTY") FOR PURPOSES OF CONVEYING TO THE
COUNTY A PARCEL OF LAND SITUATED IN VIRGINIA
KEY, MORE PARTICULARLY DESCRIBED HEREIN, AND
GRANTING TO THE COUNTY TWO TEMPORARY
CONSTRUCTION EASEMENTS, A NON-EXCLUSIVE
! INGRESS AND EGRESS EASEMENT AND A NON-
EXCLUSIVE UTILITY EASEMENT OVER, ALONG, AND
UPON CERTAIN PARCELS OF CITY -OWNED LAND
SITUATED IN VIRGINIA KEY, MORE PARTICULARLY
I DESCRIBED HEREIN; THE COUNTY TO PROVIDE THE
CITY AS CONSIDERATION THE FOLLOWING:(1) THE
SUM OF $217,350 ($110,000 IN CASH AT CLOSING
AND $107,350 IN KIND) (2) AN ACCESS AGREEMENT
OVER AND ACROSS THE COUNTY PROPERTY WHEREIN
THE VIRGINIA KEY SEWAGE PLANT ("SEWAGE
PLANT") IS LOCATED TO FACILITATE CITY'S
INGRESS AND EGRESS TO CITY COMPOST FACILITY,
j (3) A NON-EXCLUSIVE ACCESS EASEMENT AGREEMENT
IN AND ALONG CERTAIN COUNTY PROPERTY LOCATED
ALONG THE WEST PROPERTY LINE OF THE SEWAGE
PLANT, FOR VEHICULAR INGRESS AND EGRESS TO
CITY PROPERTY WHEREIN THE CITY PRESENTLY
OPERATES A COMPOSTING FACILITY AND FILL SITE.
WHEREAS, the City of Miami (the "City") is the owner of
certain real estate located at Virginia Key in Dade County, upon
which the City presently operates and maintains a composting
facility and fill site (the "City Property"); and
WHEREAS, Metropolitan Dade County (the "County") owns
certain land adjacent to the City's property upon which the
County is presently operating and maintaining the Virginia Key
Sewage Plant; and
CITY COMMSSION
MEETING OF
MAY < 5 1995
Resolution No,
95- A19
WHEREAS, the County has offered to purchase certain real
construction of certain facilities incidental to the operations
of the Sewage Plant (the "Sewage Plant"); and
WHEREAS, the City requires access through and upon certain
County owned land adjacent to the Sewage Plant for purposes of
ingress and egress to and from the City Property; and
WHEREAS, the City Commission hereby determines that for use
by the County in furnishing essential governmental, health,
safety, and welfare services to its citizens, it is in the City's
best interest for the City to convey to the County a parcel of
land situated adjacent to the Sewage Plant and to grant various
easements to the County in and along certain portions of the land
owned by the City at Virginia Key;
NOW THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
i
thereto and incorporated herein as if fully set forth in this
i
Section.
Section 2. The City Manager is hereby authorized to
execute an Agreement of Purchase and Sale, (the "Agreement") in
substantially the attached form, with Metropolitan Dade County
for:
(i) The sale to the County of certain real estate
consisting of approximately .5 acres, legally described in the
Agreement as Exhibit "C" for the sum of $110,000 in cash at
closing and $107,350 worth of in kind services to be provided by
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95- A19
the Metro -Dade Water and Sewer Department and a grant by the
County of an Access Agreement for ingress and egress to the
City's compost facility and a perpetual non-exclusive Access
Easement Agreement for ingress and egress to the City Property,
as more particularly described in the Agreement.
(ii) The grant to the County of a perpetual
non-exclusive easement in, under and through certain property
owned by the City located east of the Sewage Plant to be used by
the County for the sole purpose of constructing, installing,
operating and maintaining certain facilities incidental to the
Sewage Plant and a Temporary Construction Easement in and along
certain City land located adjacent thereto for use as staging
are during the construction of the aforementioned facilities as
both are more particularly described in the Agreement.
(iii) The grant to the County of Temporary Construction
Easement in and along certain property owned by the City located
adjacent to the Sewage Plant, as more particularly described in
the Agreement to be used by the County as a staging area during
the construction of certain facilities incidental to the
operations of the Sewage Plant.
(iv) The grant to the County of a perpetual non-exclusive
easement in and along certain real property owned by the City
f located along the southern property line of the Sewage Plant, as
more particularly described in the Agreement, to be used by the
i
County for ingress and egress to the Sewage Plant.
Section 3. This Resolution shall become effective
immediately upon its adoption.
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95- 419
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PASSED AND ADOPTED this 25th
ATTES
PREPARED AND REVIEWED BY:
JULIE 0. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
ZI .v, A
C TYY" ATT
W055:JOB
ccsk
4
day of May 1995.
STEVIEN P . CTAR MAYOR
95- 419
AGREEMENT OF PURCHASE AND SALE
THIS AGREEMENT is entered into this day of
, 1995 (the "Effective Date"), by and between the
parties: City of Miami, Dade County, Florida, a municipal
corporation, hereinafter referred to as "Seller," and
Metropolitan Dade County, a political subdivision of the State of
Florida, hereinafter referred to as the "Purchaser." The Parties
hereby agree that Seller shall sell and Purchaser shall buy the
following property upon the following terms and conditions:
RECITALS
A. The Seller is the owner of certain real estate located
at Virginia Key in Dade County, Florida (the "City Property"),
which is depicted in Exhibit "A" attached hereto and made a part
hereof, upon which lies a compost facility and fill site.
B. The Purchaser owns certain land adjacent to the City
Property, legally described in Exhibit "B" attached hereto and
made a part hereof, upon which the Purchaser is presently
operating and maintaining the Virginia Key Sewage Plant (the
"Sewage Plant").
C. The Seller is the fee simple owner of certain real
property situate, lying and being in the City of Miami, Dade
County, Florida, legally described in Exhibit "C" attached hereto
and made a part hereof, consisting of approximately .5 acres of
vacant land (the "Property") which is located adjacent to the
Sewage Plant.
D. Seller has agreed to sell the Property to Purchaser,
together with all rights, privileges, easements and appurtenances
thereunto belonging, subject to certain conditions which are
specifically set forth herein.
E. Seller agrees to grant various easements to Purchaser
in and along certain land owned by Seller adjacent to the Sewage
Plant for the purposes set forth herein.
F. Purchaser agrees to grant to Seller an Access Easement
Agreement and Access Agreement in and along certain land owned by
Purchaser adjacent to City Property for ingress and egress
purposes.
NOW, THEREFORE, in consideration of the foregoing premises
and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto,
each intending to be legally bound, do hereby represent, warrant,
covenant and agree, as follows:
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1. RECITALS
The foregoing recitals are true and correct and are
incorporated herein by this reference.
2. PURCHASE AND SALE OF THE PROPERTY
Upon the terms and provisions set forth herein, and subject
to zoning restrictions, prohibitions, and other requirements
imposed by governmental authority, restrictions and matters
appearing on the public records and public utility easements
of record, Seller shall convey to Purchaser, on the "Closing
Date" (as hereinafter defined) the Property. Seller shall
convey and Purchaser shall accept fee simple title to the
Property by Special Warranty Deed subject to the following
provisions which shall be contained in the deed: (i) a
covenant that will run with the land providing that
Purchaser's future Sewage Plant operations shall not impact
the ability of Seller to provide a minimum sixty (60) foot
wide corridor between the Property and any protected
vegetation or lowlands located directly to the east of the
Property; (ii) a covenant that will run with the land
requiring that Purchaser shall provide landscaping to buffer
the structure to be located within the Property as shown in
Exhibit "D" attached hereto and made a part hereof; and
(iii) a covenant that will run with the land requiring that
Purchaser reroute its present ingress and egress to the
Sewage Plant no later than December 31, 1996 to that more
specifically shown in Exhibit "E" attached hereto and made a
part hereof.
3. PURCHASE PRICE AND METHOD OF PAYMENT
The Purchaser agrees to pay and the Seller agrees to accept
as and for the purchase price the following consideration
which is payable as follows:
(i) Cash Payment: The sum of $110,000 in cash,
cashier's check, certified check or Dade County warrant at
the time of closing;
(ii) Inkind Services: The sum of $107,350 shall be
paid in the form of inkind services within the scope of
activities provided by the Miami -Dade Water and Sewer
Department (the "Department") which upon request of Seller
shall be provided by the Department with reasonable
diligence; and
(iii) Additional Consideration: In addition to the
cash and inkind payments set forth in subsections (i) and
(ii), Purchaser as additional consideration shall grant an
Access Easement Agreement and Access Agreement to the Seller
as more particularly set forth in Paragraphs 4(A)(4) and
4(A)(5) hereof.
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4. AGREEMENTS
A) This Purchase and Sale Agreement is conditioned upon
the Seller and Purchaser executing at Closing the following
Easement Agreements and Access Agreement for the purposes
set forth herein:
1) The Seller shall grant to Purchaser a non-exclusive
easement in, under and through certain property owned by
Seller located east of the Sewage Plant property line, as
more particularly described in Exhibit F1 and that property
described as Easement "A" in Exhibit F2 attached hereto and
made a part hereof, subject to the conditions hereinafter
contained. The permission and authority granted to
Purchaser by the easement shall be used by the Purchaser for
the sole purpose of constructing, installing, operating and
maintaining an existing outfall sewer line and a new outfall
sewer line. Seller reserves the right and Purchaser agrees
that access to and operations within the area will be
preserved. Seller additionally grants a temporary
construction easement which shall terminate on December 31,
1996, as more particularly described as Easement "B" on
Exhibit F2, to be used by Purchaser in connection with the
construction and installation of the new outfall sewer line.
2) The Seller shall grant to Purchaser a non-exclusive
easement in and along certain property owned by Seller
located along the south property line of the Sewage Plant,
as more particularly described as Parcel B in Exhibit "G"
attached hereto and made a part hereof, for the sole purpose
of providing ingress and egress to the Sewage Plant.
3) Seller agrees to grant to Purchaser a Temporary
Construction Easement in and along certain property owned by
Seller adjacent to the Sewage Plant, as more particularly
described in Exhibit "H" attached hereto and made a part
hereof. The permission and authority granted to Purchaser
by the Temporary Construction Easement shall be used by
Purchaser as a staging area in connection with the
construction of the effluent pump station. The Temporary
Construction Easement shall terminate eighteen (18) months
after Closing.
4) Purchaser, at its sole cost and expense, agrees to
provide to the Seller a non-exclusive vehicular access (the
"Access Agreement") over and across the Sewage Plant to
facilitate Seller's ingress and egress to City Property.
The exact location of the access route as provided in the
Access Agreement is to be determined prior to Closing and
shall be a mutually agreeable route. The access route shall
be available for Seller's use no later than December 31,
1996.
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5) Purchaser shall grant to Seller a non-exclusive
Access Easement Agreement in and along certain property
owned by Purchaser, legally described as Parcel "A" in
Exhibit "I" attached hereto and made a part hereof, for
vehicular ingress and egress purposes to facilitate access
to City Property. The Seller shall have the right, but not
the obligation, to construct and maintain, at its sole cost
and expense, the access route provided in the Access
Easement Agreement. Upon completion of the access route,
the Access Agreement shall. automatically terminate.
5. INSPECTION PERIOD
A) Access to Property: Purchaser, its counsel,
accountants, agents and other representatives shall, upon
reasonable notice to Seller, have full and continuing access
to the Property and all parts thereof, as well as to all
relevant documents and records of Seller as they relate to
the title (the "Property Data"). Seller has made and will
continue to make the Property Data within its possession
available to Purchaser for its complete examination. Upon
Purchaser giving Seller not less than two (2) business days
prior written notice specifying the date and time of
Purchaser's arrival, Purchaser shall also have the right to
enter upon the Property for the purpose of performing non-
destructive, non-invasive surveying, and such other similar
investigatory work as the Purchaser shall consider
appropriate and shall have the further right to make such
inquiries of governmental agencies, utility companies and
other like parties and to make such feasibility studies and
analyses as it considers appropriate.
B) Environmental Matters: Purchaser shall have a period
of thirty (30) days from the date of this Agreement (the
"Environmental Inspection Period") to conduct environmental
investigation and testing on the Property. In the event
that as a result of such investigation and testing it is
found that the Property or any portion of it contains a
toxic or hazardous waste, substance or material in excess of
what is permitted under applicable law (collectively,
"Hazardous Substances") prior to the end of the
Environmental Inspection Period, Purchaser shall notify
Seller in writing and deliver to Seller copies of all
written reports concerning such Hazardous Substances (the
"Environmental Notice"). The Purchaser and Seller shall
have ten (10) business days from the date the Seller
receives the Environmental Notice to negotiate a mutually
agreeable remediation protocol. In the event that the
Purchaser and Seller are unable to reach agreement with
respect thereto, the Purchaser shall have the option within
fifteen (15) business days from the date the Seller receives
the Environmental Notice to cancel this Agreement by written
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notice to the Seller whereupon (i) all property data and all
studies, analysis, reports, plans, abstracts of title and
surveys respecting the Property shall be delivered by
Purchaser to the Seller; and then (ii) except as otherwise
hereafter provided in this Paragraph, the parties shall
thereupon be relieved of any and all further responsibility
hereunder and neither party shall have any further
obligation on behalf of the other. In .the event that
Purchaser does not elect to cancel this Agreement, it shall
close on and accept the Property in its "AS 'IS" condition.
C) Inspection Indemnity: Notwithstanding anything
contained in this Agreement, Purchaser shall (i) immediately
pay or cause to be removed any liens filed against the
Property as a result of any actions taken above by or on
behalf of Purchaser; (ii) immediately repair and restore the
Property to its condition existing immediately prior to the
conduct of Purchaser's entry thereon; and (iii) shall
indemnify, defend and hold Seller harmless from and against
all claims, damages or losses incurred to the Property or
anyone on the Property as a proximate result of the actions
taken above by the Purchaser, any of its employees, agents,
representatives or contractors, or any persons performing
inspection activities or other activities on its behalf,
subject to the limitations provided in Section 768.28,
Florida Statutes. This Paragraph 6(C) is herein referred to
as the "Inspection Indemnity". The terms and provisions of
this Inspection Indemnity shall terminate five (5) years
from Closing.
6. TITLE EXAMINATION
Purchaser, at its sole cost and expense, shall be
responsible for obtaining all title documents including an
abstract of title, a title insurance commitment and survey.
Purchaser agrees to forward a copy of the aforementioned
title documents to Seller immediately upon Purchaser's
receipt thereof.
Seller has no obligation to, but 'to the extent Seller has
evidence of title, Seller shall provide copies of same to
Purchaser, within seven (7) days of the Effective Date, to
assist in Purchaser's title examination and obtaining title
insurance.
In the event that the Seller's title is unmarketable and/or
uninsurable, the Purchaser shall have the following options:
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7.
a) Allow the Seller thirty (30) days within which to cure
the designated defects in title that render the same
unmarketable and/or uninsurable, and if the Purchaser
chooses this option the Seller agrees to use reasonable
diligence in curing said defects, however., Seller shall not
be required to bring any action or to incur any expense in
excess of four thousand five hundred dollars ($4,500) to
cure any title defect or objection.
b) If Seller shall be unable to convey title to the
Property according to provisions of this Agreement,
Purchaser may nevertheless elect to accept such title that
Seller may be able to convey with no reduction in Purchase
Price.
c) Purchaser may terminate this Agreement and all rights
and liability on the part of the Purchaser and the Seller
arising hereunder shall terminate and each party shall
thereby be released from any and all obligations hereunder.
DISCLAIMER OF WARRANTIES AS TO PROPERTY; "AS IS" CONVEYANCES
A) Purchaser is purchasing the Property in an "AS IS"
condition and specifically and expressly without any
warranties, representations or guaranties, either express or
implied, of any kind, nature or type whatsoever from or on
behalf of Seller. Without in any way limiting the
generality of the immediately preceding, Purchaser and
Seller further acknowledge and agree that in entering into
this Agreement and purchasing the Property:
(1) Purchaser hereby acknowledges that Seller has not
made, will not and does not make any warranties or
representations, whether express or implied, with respect to
the Property, its condition, the value, profitability,
developability or marketability thereof;
(2) Purchaser acknowledges that with respect to the
Property, Seller has not and will not make any warranties,
whether express or implied, of merchantability, habitability
or fitness for a particular use.
(3) Purchaser acknowledges that Seller has not, does
not and shall not make any representation or warranty with
regard to compliance with any environmental protection,
pollution or land use laws, rules, regulations, orders or
requirements including, but not limited to, those pertaining
to the handling, generating, treating, storing or
disposition of any hazardous waste, substance or material.
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Purchaser specifically waives, releases and
discharges any claim it has or might have against the Seller
with respect to the condition of the Property based on
noncompliance with any environmental protection laws, rules
or regulations.
(4) Purchaser acknowledges that Purchaser has made
and/.or shall be given an adequate opportunity to make such
legal; -factual and other inquiries and investigations as
Purchaser, deems necessary, desirable or appropriate with
respect to the Property, the value or marketability thereof
and of the appurtenances thereto. Such inquiries and
investigations of Purchaser shall be deemed to include, but
shall not be limited to, the condition of all portions of
the Property and such state of facts as an accurate survey
would show.
(5) Purchaser acknowledges that Purchaser has not
relied, and is not relying, upon any information, document,
projection, proforma, statement, representation, guaranty or
warranty (whether express or implied, or oral or written or
material or immaterial) that may have been given by or made
by or on behalf of Seller.
B) The provisions of this paragraph shall survive the
Closing.
8. CLOSING
A) The Closing: The Closing will take place forty-five
(45) days after the Effective Date, or within a reasonable
time thereafter, at a mutually agreeable time (the "Closing
Date"), at the Offices of the City Attorney located at 300
Biscayne. Boulevard Way, Suite 300, Miami, Florida.
Notwithstanding the foregoing, in the event the Seller
elects to satisfy any title defects pursuant to the terms of
Section 6 hereof, then Seller shall have the right to extend
the Closing Date as set forth herein.
B) Seller's Closing Documents: 'At Closing, Seller shall
execute and/or deliver to Purchaser the following:
1) Special Warranty Deed subject to conditions,
restrictions, easements and limitations of record;
2) Easement Agreements as outlined in Section 4;
3) Such documents as are necessary to fully authorize
the sale of the Property by Seller and the execution of all
closing documents; and
4) Any other documents reasonably necessary or
advisable to consummate the transaction contemplated hereby.
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C) Purchaser's Closing Documents: At Closing, Purchaser
shall execute and/or deliver to Seller the following:
1) Closing Statement;
2) Access Agreement and Easement Agreement -as outlined
in Section 4;
3) Such documents as are necessary to fully authorize
the purchase of the Property by Purchaser and the execution
of all closing documents; and
4) Any other documents reasonably necessary or
advisable to consummate the transaction contemplated hereby.
9. CLOSING COSTS AND ADJUSTMENTS
At Closing, the following items shall be borne, adjusted,
prorated or assumed by or between Seller and Purchaser as
follows:
A. Adjustments and Prorations
1) Real Estate Taxes: The Seller warrants that
the Property is exempt from taxes and accordingly there
should be no taxes due.
2) Certified/Pending Liens: Certified, confirmed and
ratified governmental liens as of the Closing Date shall be
paid by Seller. Pending liens as of the Closing Date shall
be assumed by Purchaser.
3) Other Taxes, Expenses, Interest, Etc: Taxes (other
than real property taxes), assessments, water and sewer
charges, waste fee and fire protection charges, if
applicable, shall be prorated as of the Closing Date.
4) Usual and Customary: Such other items that are
usually and customarily pro -rated between purchasers and
sellers of properties in the area where the Property is
located.
B. Closing Costs
Each party shall be responsible for its own attorney's
fees incurred in connection with the Closing. Purchaser
shall pay all other closing and recording costs incurred in
connection with the sale and purchase of the Property
described in this Agreement, including, but not limited to:
(i) all inspection and environmental testing costs, and (ii)
all sales, use, personal property taxes or assessments,
recording charges, transfer taxes, stamp taxes, filing fees,
and all other sales and transfer fees payable in connection
with the transfer of the Property hereunder.
10. DEFAULT
A) If Seller shall have failed to perform in any material
respect any of the covenants and agreements contained herein
to be performed by Seller within the time for performance as
specified herein (including Seller's obligation to
consummate the transactions hereby), Purchaser as and for
its sole and exclusive remedies shall be entitled to either
(i) elect to terminate this Agreement; or (ii) elect to
waive any such conditions or defaults and to consummate the
transactions contemplated by this Agreement in the same
manner as if there had been no conditions or defaults and
without any reduction in the Purchase Price and without any
further claim against Seller.
However, notwithstanding anything contained herein to the
contrary, in no event shall Seller be liable to Purchaser
for any actual, punitive, incidental, speculative or
consequential damages, costs or fees of any nature
whatsoever. The limitation on Seller's liability set forth
herein shall survive Closing.
B) If Purchaser shall have failed to perform in any
material respect any of the covenants and agreements
contained herein to be performed by Purchaser within the
time for performance as specified herein (including
Purchaser's obligation to consummate the transactions
contemplated herein), Seller, as and for its sole and
exclusive remedy, shall be entitled to either (i) elect to
terminate this Agreement; or (ii) elect to waive any such
conditions or defaults and to consummate the transactions
contemplated by this Agreement in the same manner as if
there had been no conditions or defaults and without any
further claim against Purchaser.
However, notwithstanding anything contained herein to the
contrary, in no event shall Purchaser be liable to Seller
for any actual, punitive, incidental, speculative or
consequential damages, costs or fees of any nature
whatsoever. The limitation on Purchaser's liability set
forth herein shall survive Closing.
C) Neither party shall be entitled to exercise any remedy
for a default by the other party, except failure to timely
close, until (i) such party has delivered to the other
notice of the default and (ii) a period of ten business (10)
days from and after delivery of such notice has expired with
the other party having failed to cure the default.
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11. NOTICES
All notices or other communications which may be given
pursuant to this Agreement shall be in writing and
personally served as follows:
Seller
City of Miami
City Manager
3500 Pan American Drive
Miami, FL 33133
Copy To
Purchaser
Metropolitan Dade County
County Manager
111 NW 1 Street, Suite 2910
Miami, FL 33128
Copy To
City of Miami Metro -Dade Water & Sewer
Office of Asset Management Director
300 Biscayne Boulevard Way 4200 Salzedo Street
Suite 400 Coral Gables, FL 33146
Miami, FL 33131
12. CAPTIONS AND HEADINGS
The Section headings or captions appearing in this Agreement
are for convenience only, are not part of this Agreement,
and are not to be considered in interpreting this Agreement.
13. BINDING EFFECT
This Agreement shall bind and inure to the benefit of the
parties hereto and their successors in interest. Purchaser
may not assign or pledge this Agreement.
14. GOVERNING LAW
This Agreement shall be governed according to the laws of
the State of Florida and venue shall be in Dade County,
Florida.
15. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the
parties. There are no promises, agreements, undertakings,
warranties or representations, oral or written, express or
implied, between the parties other than as herein set forth.
No amendment or modification of this Agreement shall be
valid unless the same is in writing and signed by both
Seller's City Manager and Purchaser's County Manager.
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16. ATTORNEY'S COSTS
Should either party employ an attorney(s) to enforce any of
the provisions hereof, or to protect its interest in any
matter arising under this Agreement, or to recover damages.
for the breach of this Agreement, the party prevailing shall
be entitled to payment by -the other party of all reasonable
costs, charges and expenses, including attorneys' fees and
court costs.
17. WAIVERS
No waiver by either party of any failure or refusal to
comply with its obligations shall be deemed a waiver of any
other or subsequent failure or refusal to comply. All
remedies, rights, undertaking, obligations and agreement
contained herein shall be cumulative and not mutually
exclusive.
18. COUNTERPARTS
This Agreement may be executed in one or more counterparts,
each of which shall be deemed to be an original but all of
which shall constitute one and the same Agreement.
19. SURVIVAL OF REPRESENTATIONS/WARRANTIES
All relevant terms of this Agreement, where appropriate,
shall survive the Closing and be enforceable by the
respective parties until such time as extinguished by law.
20. PARTIAL INVALIDITY
In the event that any provision of this Agreement shall be
unenforceable in whole or in part, such provision shall be
limited to the extent necessary to render same valid, or
shall be excised from this Agreement, as circumstances
require, and this Agreement shall be construed as if said
provision had been incorporated herein as so limited, or as
if said provision had not been included herein, as the case
may be.
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Dated the date first written above.
PURCHASER:
METROPOLITAN DADE COUNTY,
a political subdivision of the
State of Florida
ATTEST:
1
j Harvey Ruvin, County Clerk
APPROVED AS TO FORM &
CORRECTNESS:
By:
Armando Vidal, County Manager
Date:
APPROVED AS TO LEGAL DESCRIPTION:
Print Name and Title Print Name and Title
SELLER:
CITY OF MIAMI, a municipal
corporation of the State of
ATTEST: Florida
By:
Matty Hirai, City Clerk Cesar H. Odio, City Manager
Date:
APPROVED AS TO FORM AND APPROVED AS TO LEGAL
CORRECTNESS: DESCRIPTION:
A. Quinn Jones III Waldemar Lee, Director
City Attorney Public Works Department
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4tLt.Mt ,. `..�
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•M.w of .! rover , '
A pareal of land Ln 8eation 16, Soxnship S4 South,
Range 47 rest, Dade County, Florida, being more -
particularly daanribed ae followat
Comugoing at the Northw9st coiner of suction
If Township S4 South, Range 42 East, rim K..09c
331 45.9.1 S. aloae the Korth line of said Section
16 for a dLstanes of 1230.00 Feet; Thence tun A.
00 24, 14.1t1 E. for a distance of 1040,00 feet to
the 1%oL11t of basinninal Thenoa run K, 590 3S' 45.011
2. for a distant@ of 2205.00 four to a point;
Thenco run S. 00 241 14.1" R. for a diatence of
1019.92 feet to a point; Thence run 9, 530 16,
41.211 N. for a distance of 473,21 feet to a polnti
Thwca xun S. 890 351 45.9" W. for ■ distanca of
1823.30 fast to a point; Thence run N. 00 24' 14a"
W. for F dietsnce of 1300.00 feet to the point of
beginning; eontainlnt•44.31'acres more or lama.
! Commencing at the Norrhvase'dorner of Section io,
Towtuhip 54 South. Reis tit Rut, run x. d90 33'
43.9 C. along the ljorth line of said Section 14,
s diarR=a of 1230.Soet to the point of beginning;
thence coatifta W. 890 35, 43.91 R, along the
Korth Tina of said station 26, a diAranes of 2200
foot t distance ofolatl 1040 Eeatato a paint; thapee rrM 0,a
600 15' 45.p" W, 6'41t4aoe of 2200 Sett to a }giaol
thence rue N. 00 24' 14. i'1 W. a distaeoa 0# 1DA0
feet to the point of befLtmiza, the roil thus
•descrlbod being in ssapon 16, Township 54 Qouth,
"a 42 East, Dada County, 11crLda.
.. ,,,.., ........r•: .... .............
C000eenoing it A 804A4eet aocaor of 344tioa P.
T wnehip S4 South, xangs 42 East, tun t). 890 331 45.9"
E„ along the south line of maid swtian 9, s di'staace
Rio
2230 fast to the point of beginning) thane continue
tf a90 53, 43.91, K. along the South Liao of said Suction
9, a 61 tance of 2200 fate to s point; thence vat W.
00 241 14.21y1' ■ dLmtinoe of 160 feat to a points 1
thence tun S. 690 331 45.91' W. a distanca of 2200 feet �
to a point; tTence rwn S. 00 24' 14,:X" R. ■ distance of
160 feet to the point of ba&tnning, the earool thug
dsaeribad being in Station 9, Township 54 South, Snags i
42 Eaet, Dada County, notida, 7'1 .
1I I Y Ur NI1ANI10Q I
95- 419
LEGAL DESCRIPTION
A PORTION OF FRACTIONAL SECTION 16, TOWNSHIP 54 SOUTH,
RANGE 4.2 EAST OF DADE COUNTY, FLORIDA, BEING LOCATED ON
VIRGINIA KEY, CITY OF MIAMI, FLORIDA AND BEING MORE.PART-
ICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID..FRACTIONAL
SECTION 16; THENCE RUN N89035145.9"E, ALONG THE NORTH LINE
OF SAID FRACTIONAL SECTION 16, FOR 1250.00.FEET; THENCE FOR.
THE NEXT FIVE COURSES ALONG THE BOUNDARY LINE OF.THF. VIRGINIA
KEY SEWERAGE TREATMENT PLANT PARCEL, AS DESCRIBED IN O.R.B:
9001 AT.PAGES 1437, 1430 AND 1426 OF THE PUBLIC RECORDS. OF
DADE COUNTY,. FLORIDA, RUN N00°24114.11-W FOR 160.00 FEET;
THENCE RUN N89°35'45.9"E FOJR 2200.00 FEET; THENCE 11UN S00°
'24114.11'E FOR 1200.00,FEET; THENCE RUN N89135145.9"E FOR
5.00 FEET; THENCE RUN S00°24'14.1"E FOR 680.37 FEET TO THE
POINT OF BEGINNING OF HEREINAFTER DESCRIBED PARCEL OF LAND:
FROM SAID POINT OF BEGINNING, THENCE RUN N89035145.9"E
FOR 94.50 FEET; THENCE RUN S00024'14.1"E FOR 230.00 FEET}
THENCE RUN S89°35'45.9"W FOR 94.50 FEET TO A POINT OF THE
EAST BOUNDARY OF SAID VIRGINIA KEY SEWERAGE'TREATMENT PLANT
PARCEL; THENCE RUN N00024114.1"W, ALONG SAID EAST BOUNDARY
LINE, FOR 230.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 21,735 SQUARE FEET OF LAND, MORE OR LESS.
PREPARED BY: A. R: TOUSSAINT & ASSOCIATES, INC.
'LAND SURVEYORS
620 N.E. 126th STREET NORTH MIAMI, FL. 33161,
PH: (305) 891-7340
BY: ` Q. Jay-- �\ ^,' V. P)tES�
HOWA, RD C . GAMBLE
REGISTERED LAND SURVEYOR 16.83
STATE OF FLORIDA,
ORDER NO. 10922 REVISED
DATE: FEB. 20, 1995
ORDER NO. 10922 REVISED
EXH I BIT*. C��
SHEET I OF_2
95- 419
1 1 •
. 1
' COMMENCNIG POINT
N.W. COR. SEC., 16-54-42,
rN890�3�5'45-9"E
N 69135'45.9' E N
2200.00' a
AA O:R.B. 9001 P. 1437 w
1250.0' 2200.00, _r
16 NORTH LIIIE OF FRAC, SEC.-54-42..• N
a
0
O.R.B. 9001 P.143`0 < o 0
O �� .�
220040' 5.0'
\ 2205.0' • S89° 35' 45.9' W i
FP.L. c` SCALE I"�20�
nt'OHO
250.0', ;L M
a a• N
N
m
z a oo N89°3a'45.9"E
Q�Q O.R. B. 9001 P. 1426 s F
N N .
94.50'
S 896 35'45.9" W
;k1 1a�,��' s��
1823.50' SSA,°�� o DETAIL
S89.35' 45.9"W V
-- I N 89° 35' 45.9" E
94.50'.
P.O. B.
N MN N M
• oa ND oo N �� �
o O o 21,735 S0. FT.,
CENTRAL 01 STRICT
9450
s as° 3545.9W VIRGINIA KEY • CITY OF' MIAMI'- URN
o DETAIL
SCALE : 1"-100'• I •t
ORDER NO. 10922 REVISED SHEET 2 OF 2
1 95— 419
cc
PLANT uSTr
SYMOL
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SCd = NAME
CO VON NAME
HGT.
SM.
ROOT
PLC;
TREES AND PALH6
G11
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COCOS NX,FERA''GeECN MALAYAN'
COCCHIf PALM
12-20'
70-14'
-
S¢ES rS SMOWM
C.S.
3
CORDW SMESTEM
GOUR TREE
b-10'
4-5'
bib
_
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SEA GCMG
10-12'
54,
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5WETENA KAMGOMY
MAMAGONY
16-15'
b-T
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29
WAL PALMETTO
SAM PALM
22-40'
10,
SOA11. 15 SMOYA{
fNR1JB5 Alm GROVID COVERS,
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OA
30
CR" AMMCA"
SPIDER LLY
24'
24'
3 GAL
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30A
CMRYSOB&W5ICAC0 RED Tr
COCOPLLH
24'
24'
3 GAL
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6M
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6'
12'
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PLANT L6' 0.0.
SOD
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TLRF
-
-
ALL AF S TO
R WE SOD
nuicaF U tlMR GCND AND b H FLANT LEGOOWH ONARr ro11GRP1rR pUMT.
ON GDOST 9� OURMTES
# ?j O - OVVAL 11 T
# 31 CC,- ON CENTER
CTYP. OF LAST ROW)
CTYT. OF MDCLE ROW)
CTYP. V FRST ROW)
20 10 0
1*-20'-0*
1
EXHIBIT"D"
- MIAMI' DADE WATER AND
�...�,..,,..�
. . . . . . . . . . . . . . . . . . . . . .
'get.
I-V
a iAA
SDI "
SEC. S, 4
0 35146'12 5'4-
Ad
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F- A G F- T P- F-KI- M E MT
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FG)Q L FE AL
LEGAL DESCRIPTION OF 40-FOOT EASEMENT FOR THE VIRGINIA KEY 90-
INCH OUTFALL SEWER.
A strip of land 40 feet in width lying in Section 16, Township 54 South, Range 42 East, Dade
County, Florida, the centerline being more particularly described as follows:
COMMENCE at the N.W. corner of said Section 16; thence run N 89° 35' 46" E along the north
line of said Section 16 for a distance of 1250.00 feet to a point in the West property line of the
Virginia Key Sewage Treatment Plant; thence run south S 0° 24' 14" E along the mentioned west
property line for a distance of 1040.00 feet; thence run N 89° 35' 46" E for a distance of 2205.00
feet to a point in the East property line of said treatment plant; thence run S 00 24' 14" E along
said east property line for a distance of 830,55 feet to the POINT OF BEGINNING; thence run S
86°52' 29" E for a distance of 1083.03 feet; thence run S 86' 57' 05" E for a distance of 363.23
feet to the POINT OF TERMINATION. Containing 1.33 acres more or less
95- 419
SENT tiY:county Atty 5— 1—yam 1,�tfHM : water a )ewer uept.11 al M%AM1^a o
i
J
SUBJECTS MIAMI—DADE WATER & SEWER AUTHORITY.EASEMENTSs
EASEMENT "A" LEGAL DESCRIPTION (PERMANENT EASF,M$NT)s
A PORTION OF FRACTIONAL SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42
EAST, .-OF DADE COUNTY, PLORIDAI BEING LOCATED ON'VIRGINIA KEY IN THE
CITY OF HIAMI# FLORIDA AND•BEING MORE PARTICULARLY DESCRIBED AC FOLL-
owBc
COMMENCE AT THE NORTHWEST CORNER OF SAID FRACTIONAL SECTION.16,
'�'RiL�NCE RUN N89°31'45"E, ALONG THE NORTH LINE OF SAID FRACTIONAL SECTION
16, FOR 3,450400 FEET, THROUGH THE MIAMI-DADS WATER A SEWER AUTHORITY
VIRGINIA XEY.S$WERAGE TREATMENT PLANT PROPERTY, TO -THE EAST BOUNDARY,
LINE OF SAID ,PROPERTY} THENCE RUN S0.Q°25'15•"E, ALONG SAID BOUNDARY LINE,
FOR 1040.00,FEETt THENCE RUN N89°34145"E FOR 5.00 FEETI THENCE RUN
.S00°251150E, CONTINUING ALONG SAID EAST BOUNDARY, FOR 680.37 FEETI.
THENCE RUN N89034115"E FOR 94.50 FEETI TH4NCE•RUN 900"2'S'15"E FOR
198.B1.FBET TO THE CENTERLINE OF THE PROPOSED OUTFALL PIPE$ THENCE
RUN S59'000'59"E, ALONG SAID CENTERLINE, FOR 615.69 FEET$ THENCE RUN
N58°24128"E, CONTINUING ALONG SAID CENTERLINE, FOR 473.34 FEET; THENCE
RUN N00025115"W,.CONTINUING ALONG SAID CENTERLINE, FOR 100.00 FEETI
THENCE RUN N61034128"E, CONTINUING ALONG SAID CENTERLINE, FOR 323.15
FEETI THENCE RUN•871.07151"E, CONTINUING ALONG SAID CENTERLINE, FOR
128 FEET, MORE OR LESS, TO THE WATER'8 EDGE OF THE ATLANTIC OCEAN AND
THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED EASEMENT "A"s
FROM SAID PAINT OF BEGINNING, THENCE RUN SOUTHWESTERLY, MEANDER—
ING THE WATER'S.EDGE OF THE ATLANTIC OCEAN, FOR 21 FEET, MORE OR LESSI
THENCE RUN N71°01451"W, ALONG A LINE 20 FEET SOUTHWEST OF AND PARALLEL
WITH SAID CENTERLINE, FOR 126 FEET, MORE OR LESS; THENCE RUN S81"34'
.2811W, ALONG A LINE 20 FEET SOUTHEAST OF AND PARALLEL WITH SAID CENTER—
LINE, FOR 290..81 FEETI THENCE RUN 600015115"E, ALONG A LINN 30 FEET
EAST OF AND PARALLEL WITH SAID CENTERLINE, FOR 100.94 FEET$ THENCE RUN
85862412E"W, ALONG ALINE 30 FEET SOUTHEAST OF AND PARALLEL WITH SAID
CENTERLINE, FOR'508.48 FEET; THENCE RUN N59600459"We ALONG A LINE 30
FEET SOUTHWEST OF AND PARALLEL WITH SAID CENTERLINE, FOR 623.20 FEET;
THENCE RUN N89°34145M.E FOR 6.48 FEETI THENCE RUN H00025115"W FOR 31.19
FEET TO THE PREVIOUSLY DESCRIBED CENTERLINE OF THE PROPOSED OUTFALL
PIPE; THENCE CONTINUE NOO°25'15'W FOR 23.44 FEETI THENCE RUN S59600'
59"E, ALONG A LINE 20 FEET NORTHEAST OF AND PARALLEL WITH SAID CENTER—'
LINE, FbA 615.75 FEET; THENCE RUN N58°24128"R, ALONG A LINE 20 FEET
NORTHWEST OF AND PA1tALLET, WITH SAID CENTERLINE, FOR 449.91 FEETI THENCE
RUN N00025115"Wr ALONG A LINZ 20 PEST WEST OF AND PARALLEL WITH SAID
CENTERLINE,.FOR 116.20 FEETI THENCE RUN N81634128"E, ALONG A LTNE 30
FEET NORTHWEST OF AND PARALLEL WITH SAID GENTERLINt, FOR 346.41 FEETI
THENCE RUN 571.07'51"Ee ALONG A.LINE 30 FEET NORTHEAST OF AND PARALLEL'
WITH SAID CENTERLINE! FOR 130 FEET, MORE OR LESS, TO THE WATER'S EDGE
OF THE ATLANTIC OCEANI THENC$ RUN SOUTHWEBTERLY,.ALONa SAID WATER'S
EDGE, FOR 31 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED EASEMENT "A" CONTAINS 82,565•SQUARE FEET.OR
1,099 ACRES.OF LAND, MORE OR LESS.
PREPARED BYs A. R. TOUSBAINT F ASSOCIATE&, INC.
LAND SURVEYORS
620 N.E. 126th STREET NORTH HIAMI, FL. 32161
BYa j��0. Jam'`'- V. PRES.
. HOWARD C, GAMBLE
REGISTERED LAND SURVEYOR N0. 1683
STATE OF FLORIDA
ORDER NO. 10970 (EASEMENTS) ..DATHi APRIL 19, 1995
EASEMENT NA" LEGAL DESCRIPTION
EXHIBIT It
N Z
95- 419
k�_
a- a-ao z• wwK water & Sewer Dept., CITY OF MIAMI;# 4
i
i
I
I
SUB.7ECTt MIAMI—DADS WATER•& SEWER AUTHORITY EASEMENTS#
EASEMENT "B" LEGAL DESCRIPTION (TEMPORARY EASEMENT)
PART ONE:
A PORTION OF FRACTIONAL SECTION 16, TOWNSHIP 54 SOUTH, RANGE
42 EAST OF DADE COUNTY, FLORIDAt BEING LOCATED ON VIRGINIA KEY IN
1 THE CITY OF MIAMI, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: .
COMMENCE AT THE NORTHWEST CORNER OF SAID FRACTIONAL SECTION
16, THZNCE'RVN N89034145"E, ALONG THE NORTH LINE OF SAID FRACTIONAL
SECTION 16, THROUGH THE MIAMI-DADE WATER & SEWER AUTHORITY VIRGINIA
KEY SLWERAGE'TREATMENT PLANT PROPERTY, FOR 3,450.00 FEET TO THE EAST
l BOUNDARY OF SAID ,PLANT PROPERTY; THENCE RUN S00'251151AE, ALONG THE
SAID EAST BOUNDARY, FOR 1,040.00 FEETJ THENCE RUN N89034145"E FOR
5.00 F$ETI THENCE RUN 800.25115"E, CONTINUING ALONG SAID EAST BOUND-
ARY, FOR 915.21 FEET TO THE POINT OF BEGINNING OF HEREINAFTER DES—
CRIBED PART ONE OF EASEMENT "B"i
FROM SAID POINT OF BEGINNING, THENCE RUN N00025115"W FOR 4.84
FELT: THENCE RUN N89.34145"E FOR 88.02 FEETL THENCE RUN S59000159"21
'ALONG THE SOUTHWESTERLY LINE OF PREVIOUSLY DESCRIBED EASEMENT "A",
FOR 623.20 F$ETt THENCE RUN N58024128"E, CONTINUING ALONG THE*SOUTH-
EASTERLY LINE OF SAID EASEMENT "A", FOR 508.48 FEET TO A POINT TO
BE KNOWN AS "POINT A"t THENCE RUN•N00.25115"W, CONTINUING ALONG THE
EAST BOUNDARY OF EASEMENT "A", FOR 100.94 FELT: THENCE RUN N81 341
2811E FOR 20.20 PEETI THENCE RUN S0002511511E FOR 150.08 FELT) THENCE
RUN 958024128"W FOR 532.00 FEETL THENCE RUN N59'00'S9"W'FOR 726.19
FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PART ONE OF EASEMENT "B" CONTAINS 62,462
SQUARE FEET OR 1.434 ACRES OF LAND, MORE OR LESS.
PART TWO;
ALSO A PORTION OF FRACTIONAL SECTION 16, TOWNSHIP 54 SOUTH,
RANGE 42 EAST OF DADS COUNTY, FLORIDAI BEING LOCATED ON VIRGINIAAM
KEY IN THE CITY OF MII, FLORIDA AND.BRING MORE PARTICULARLY DES—
CRIBED AS FOLLOWS:
COMMENCE AT "POINT A", AS DESCRIBED IN ABOVE PART ONE, THENCE
RUN N60059'51"W TO A POINT ON THE WESTERLY LINE OF PREVIOUSLY DES—
CRIBED EASEMENT "A" AND BEING THE POINT OF BEGINNING OF HEREINAFTER
DESCRIBED PART TWO OF EASEMENT "B":
FROM -SAID POINT OF BEGINNING, THENCE RUN S58024'28"W, ALONG
THE WESTERLY LINE OF SAID EASEMENT "A", FOR 35.06 FEETD THENCE RUN
N00625115NW FOR 160.62 FEETL THENCE RUN•N81034'28"E FOR 381.82 FEET:
THENCE RUN S71007151"E FOR 135 FEET, MORE'OR LESS, TO THE WATER'S
EDGE OF THE ATLANTIC OCEAN: THENCE RUN SOUTHWESTERLY, ALONG SAID
WATER'9 EDGE, FOR 52 FEET, MORE OR LESS, TO THE NORTHEASTERLY LINE
OF SAID RA9EMENT "A":.THENCE RUN N71.07151"W, ALONG THE NORTHEASTERLY
LINE OF EASEMENT "A", FOR 130 1''EET, MORE OR LESS; THENCE RUN'881"
34'28"W, ALONG THB NORTHEASTERLY LINE OF EASEMENT•"A", FOR 346.41
FEETL THENCE RUN 800025'150E, ALONG THE WESTERLY LINE OF EASEMENT
"A", FOR 116.20 FEET TO THE POINT OF BEGINNING.
THE ABOVE•DESCRIBED PART TWO OF EASEMENT "B" CONTAINS 16,497
SQUARE FEET OR 0.379 ACRES OF LAND, MORE OR LESS,
PREPARED BYt A. R. TOUSSAINT 6 ASSOCIATES, INC.
LAND SURVEYORS
620 N.E. 126th STREET NORTH MIAMI*# FL. 3316.1
$Yl C. A^^JK V. PRES. '
HOWARD C. GAMBLE
REGISTERED LAND SURVEYOR NO. 1683
STATE OF FLORIDA
ORDER NO. 10970 (EASEMENTS) DATE: APRIL 19, 1995
EASEMENT "B" LEGAL DESCRIPTION
95- 419
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ABBREVIATIONS:
A
ARCLENTGN
~
&
CENTRAL ANGLE
W
`
`
P.O.B.
POINT OF BEGINNING
J
P.O.C.
POINT OF COMMENCEMENT
O
4
f,
PCC
POINT OF COMPOUND CURVATURE
N
d
PC
POINT OF CURVATURE
O
N
N
PCU
POINT OF CUSP
Q�
O!
PNT
POINT OF NON -TANGENTIAL INTERSECTION
p
cl
2
h
i PT
POINT OF TANGENCY
$
POT
POINT OF TERMINATION
PT
PC
R
Rr 23! 89'
RADIUS
R-261.89' A=15004'41 SEC, SECTION
d = 150 09 41 WIMP W4SwmTER TREATMENT PLANT
o PR
PRC
N.4 = /5004'41 °� ^
Ar68.92'
Ril. PC Pr !1 11!
a =1s 04a1 �—PARCEL A
• 42, 732 Square Feet :i-
MIA.MI-DADS WATER & SEWER DEPARTMENT
. CENTRAL DISTRICT
WASTEWATER TREATMENT PLANT
PROPERTY
ti
N
0
o
NOT SUBDIVIDED
y
PORTION
OF SECTION 16, TOWN8HIP'54 SOUTH,.RANGE 42 EAST
ISLAND OF VIRGINIA KEY, DADE COUNTY, FLORIDA
3
p
It
tl
`
R= 65.00, „
d = 55O Z8 18
hNN
o
A r 62.93' R=95.00'
.4 =35009'05"
',-�A=58,28'
�V4
o�
U0 \
jN 76 042' 16 "`E`----'.
(RADIAL 1
d = 558�'S8"�
A=57.72'
S 4505946' E (RADIAL )
N 450 59'48"W--'
(NOT RADIAL)
30.00
2001 RX WITH
MIAU4 MONDA
(306) 092-7270
-R= 140.82'
.,d =34031'42"
A s 84.86'
N soarN LINE
wwTP PROPERTY
PCC °oo
PNT . y PC,/ N8903546"E. 422.47'
//0.49
P,0.8., PARCEL "8" q $89035'46"W . 312.02'
PC S00024'14"E 30.00`
POr R-147.00', „
A =46.98' 37 PARCEL 1181,
90 `� • 14,633 Square Feet -�-
.���s,� EXhiIBIT
SKETCH TO ACCOMPANY DATE: 03-22-95
LEGAL DESCRIPTION DRAWN: DEANS/RASKIN
CENTRAL DISTRICT WASTEWATER Joe NO 01A.-87E00
TREATMENT PLANT PAGE I OF .4.
95- 419
k, -
LEGAL DESCRIPTION
PARCEL "B"
A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 EAST
ON THE ISLAND OF VIRGINIA KEY, DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED BY "METES AND BOUNDS" AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 16; THENCE
N89'35'46"E ALONG THE NORTH LINE OF SAID SECTION 16 FOR 1250.00
FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE MIAMI-DADE
WATER & SEWER DEPARTMENT CENTRAL DISTRICT WASTEWATER TREATMENT
PLANT PROPERTY, HEREINAFTER REFERRED TO AS THE WASTEWATER '
TREATMENT PLANT PROPERTY; THENCE S00'24'14"E ALONG SAID WEST
LINE OF THE WASTEWATER TREATMENT PLANT PROPERTY FOR 2340.00 FEET
TO THE SOUTHWEST CORNER OF SAID WASTEWATER TREATMENT PLANT
PROPERTY; THENCE N89'35'46"E ALONG THE SOUTH LINE OF SAID
WASTEWATER TREATMENT PLANT PROPERTY FOR 58.53 FEET TO THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE
CONTINUE N89'35'46"E ALONG SAID SOUTH LINE OF THE WASTEWATER
TREATMENT PLANT PROPERTY FOR 422.47 FEET; THENCE DEPARTING SAID
SOUTH LINE OF THE WASTEWATER TREATMENT PLANT PROPERTY,
S00'24'14"E FOR 30.00 FEET; THENCE S89'35'46"W FOR 312.02 FEET TO
A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS
OF 147.00 FEET AND A CENTRAL ANGLE OF 45*35*37" FOR 116.98 FEET TO
THE POINT OF TERMINATION OF SAID CURVE, WITH SAID POINT OF
TERMINATION BEARING N45'59'51"W FROM THE CENTER OF SAID CURVE;
THENCE N45'59'48"W FOR 30.00 FEET TO A POINT OF INTERSECTION WITH
THE ARC OF A CIRCULAR CURVE CONCAVE TO THE WEST, WITH SAID POINT OF
INTERSECTION BEARING S45'59'46"E FROM THE CENTER OF SAID CURVE;
THENCE NORTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 59.80 FEET AND A CENTRAL ANGLE OF
55'17'58" FOR 57.72 FEET TO A POINT OF NON -TANGENTIAL INTERSECTION
WITH SAID SOUTH LINE OF THE WASTEWATER TREATMENT PLANT PROPERTY,
SAID POINT OF NON -TANGENTIAL INTERSECTION BEARING N78'42'16"E
FROM THE CENTER OF SAID CURVE AND SAID POINT OF NON -TANGENTIAL
INTERSECTION ALSO BEING THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 14,633 SQUARE. FEET, MORE OR LESS.
SKETCH TO ACCOMPANY DATE: 03-22-95
LEGAL DESCRIPTION DRAWN: DEANS/RASKIN
CENTRAL .DISTRICT WASTEWATER CHECKED: MANTECON
2001 H.W. E JOB NO.: 01-187.00
IAtwl Fi A°A JJ172-2"
`s°s;s°2_'2's TREATMENT PLANT PAGE 3 OF 4
95- 419
�r
w14
ool
PROJECT LOCATION
%A
'AKE
:GINIA KEY
VIRGINIA BEACH PARK
CAYNE
LOCATION MAP NOT TO SCALE
SURVEYOR'S NOTES:
THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" DOES NOT REPRESENT
A FIELD BOUNDARY SURVEY.
BEARINGS AS SHOWN HEREON REFER TO AN ASSUMED BEARING OF
S00'24'14"E ALONG THE WEST LINE OF THE MIAMI-DADE WATER & SEWER
DEPARTMENT CENTRAL DISTRICT WASTEWATER TREATMENT PLANT SITE AS
SHOWN ON THE BOUNDARY SURVEY PREPARED BY THE MIAMI-DADE WATER &
SEWER DEPARTMENT DATED JUNE 1992 AND LAST REVISED JANUARY 6, 1995.
IMPROVEMENTS WITHIN OR ABUTTING THE SUBJECT PROPERTY WERE NOT
LOCATED AND ARE NOT SHOWN.
THERE MAY BE RESTRICTIONS ON THIS PROPERTY THAT ARE NOT SHOWN
THAT MAY BE FOUND IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY: THAT THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION AND FURTHER, THAT SAID SKETCH MEETS
THE INTENT OF THE "MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING
IN THE STATE OF FLORIDA", PURSUANT TO CHAPTER 472.027, FLORIDA
STATUTES AND RULE 61G17-6 OF THE FLORIDA ADMINISTRATIVE CODE.
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
BY:e,PLSROBERTO MANTEC
PROFESSIONAL LAND SURVEYOR NO. 4431
STATE OF FLORIDA
NOTICE: THIS DOCUMENT IS NOT VALID UNLESS SIGNED AND EMBOSSED WITH
THE SURVEYOR'S RAISED IMPRESSION SEAL.
SKETCH TO ACCOMPANY DATE: 03-22-95
LEGAL DESCRIPTION DRAWN: DEANS/RASKIN
TECON
ENTRAL DISTRICT WASTEWATER JOBCKENOD 01-1I87 00
TDCATAAiAIT MI AkI-r
95- 419
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(
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EAST LINE OF PLANT PROPERTY. 104 ,OD'
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SHEET 2 OF 2 9 5 419
k-
1. SENT OY:County Atty
; 5- 1-95 ;11:17AM ; water & Sewer Dept,
Ci7Y 7F M1AMI;# 2
SUBJECT: MIAMI-DADE WATER & SEWER DEPARTMENT EASEMENTi
EASEMENT "C" LEGAL DESCRIPTION (TEMPORARY EASEMENT)s
A PORTION OF TRACTIONAL SECTION 16, TOWNSHIP 54 SOUTH, RANGE
42 EAST OF DADE COUNTY, FLORIDAI BEING LOCATED ON VIRGINIA KZY IN
THE CITY OF MIAMI, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWSi
COHHENCH AT T1I13 NORTHWEST CORNER OF SAIL rMACTiUNAL SECTION
16, THENCE RUN N89°34-45"E, ALONG THE NORTH LINE OF SAID FRACTION-
AL SECTION 16, THROUGH THE VIRGINIA KEY SEWERAGE TREATMENT PLANT
PROPERTY, FOR 3450.00 FEET TO THE EAST BOUNDARY LINE OF BAID
SEWERAGE TREATMENT PLANT PROPERTYI THENCE RUN S00425115"E, ALONG
SAID EAST BOUNDARY LINE, FOR 1040.00 FEET; THENCE RUN N89°34145"E
FOR 5.00 FEET; THENCE RUN S00025115"E, CONTINUING ALONG SAID EAST
BOUNDARY LINE, FOR 430.37 FEET TO THE POINT OF BEGINNING OF HERE-
INAFTER DESCRIBED EASEMENT "C":
FROM SAID POINT OF BEGINNING, THENCE RUN N89-34145"E, AT
RIGHT ANGLES TO LAST DESCRIBED COURSE, FOR 195.00 FEETi THENCE
RUN S00025115'-E, AT RIGHT ANGLES, FOR 200.00 FEET; THENCE RUN
S10053'19"W FOR 50.99 FEETI THENCE RUN 509*34145"W FOR 185.00
FEET TO THE POINT OF INTERSECTION WITH THE SAID EAST BOUNDARY
LINE OF THE VIRGINIA KEY SEWERAGE TREATMENT PLANT PROPERTY; THENCE
RUN N00625115"W, ALONG SAID EAST BOUNDARY LINE, FOR 250.00 TO THE
POINT OF BEGINNING.
THE ABOVE DESCRIBED EASEMENT "C" CONTAINS 48,500 SQUARE FEET
OR 1.113 ACRES OF LAND, MORE OR LESS.
PREPARED BY: A. R. TOUSSAINT & ASSOCIATES, INC.
LAND SURVEYORS
620 N.E. 126th ST. NORTH MIAMI, FL. 33161.
PH. (305) $91-7340
BY: �� c. PRES.
HOWARD C. GAMBLE
REGISTERED LAND SURVEYOR NO. 1683
STATE OF FLORIDA
ORDER NO. 10970 (EASEMENT)
EASEMENT V
DATE: APRIL 25, 1995
SHCCT I QF 2
95- 419
kn_
iuli ui vuull�y m�-y o— i—aa i.iuAivi , water a ;;e"er uepL.I utiT ur MIAM1,9 a
SUBJECT: MIAMI-DADE WATER & SEWER DEPARTMENT EASEMENTS
EASEMENT "D" LEGAL DESCRIPTION:
A PORTION OF FRACTIONAL SECTION 16, TOWNSHIP 54 SOUTH,
RANGE 42 EAST, OF DADE COUNTY, FLORIDA; BEING LOCATED ON•VIR-
GINIA KEY IN THE CITY OF MIAMI, FLORIDA AND BEING MORE PART-
ICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID FRACTIONAL SEC-
TION 16, THENCE RUN N89034145"E, ALONG THE NORTH LINE OF SAID
FRACTIONAL SECTION 16, THROUGH THE VIRGINIA KEY SEWERAGE
TREATMENT PLANT PROPERTY, FOR 3450.00 FEET TO THE EAST.LINE
OF SAID PLANT PROPERTY) THENCE RUN S00°25'15"E, ALONG THE EAST
BOUNDARY OF SAID PLANT PROPERTY, FOR 1040.00 FEET; THENCE .RUN
N89034145"E FOR 5.00 FEET) THENCE RUN SOO°25'15"E, CONTINUING
ALONG THE EAST BOUNDARY OF SAID PLANT PROPERTY, FOR 680.37
FEET; THENCE RUN N89034145"E,• AT RIGHT ANGLES, FOR 94.50 FEET
TO THE POINT OF BEGINNING OF HEREINAFTER DESCRIBED EASEMENT
"D"
FROM SAID POINT OF BEGINNING, THENCE CONTINUE N89634'
45"E FOR 90.50 FEET; THENCE RUN S2110312711W FOR 247.17 FEET;
THENCE RUN N00025115"W, ALONG A LINE 94.50 FEET EAST OF AND
PARALLEL WITH THE ORIGINAL EAST BOUNDARY OF SAID PLANT PROP-
ERTY, FOR 230.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED EASEMENT "D" CONTAINS 0.239 ACRE*OF
LAND, MORE OR LESS.
PREPARED BY: A. R. TOUSSAINT & ASSOCIATES, INC.
LAND SURVEYORS
620 N.E. 126th ST. NORTH MIAMI, FL. 33161
PH. (305)- 891-7340
BY: \V'� o.5p� V. PRES.
HOWARD C. GAMBLE
REGISTERED LAND SURVEYOR NO. 1683
STATE OF FLORIDA
ORDER NO. 10970 (EASEMENT)
EASEMENT ' D' LEGAL DESCRIPTION
DATE: APRIL 29, 1995
SHEET I OF 2
95- 41.9
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p� 100 0 50 IN 200. 400
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'
P, 0, 8„ PARCEL 'A" 1 inoh Q 100 ft.
`N8y035'46"E 30,00'
:
ABBREVIATIONS:
A
ARC LENTGH
CENTRAL ANGLE
Z 0
`
'\
P.O.D.
POINT OF BEGINNING
J�
N
M
P.O.C.
POINT OF COMMENCEMENT
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PCC
POINT OF COMPOUND CURVATURE
3
a
W
PC
POINT OF CURVATURE
N
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PCU
POINT OF CUSP
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PNT
POINT OF NON -TANGENTIAL INTERSECTION
ca
Z
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POINT OF TANGENCY
$
POT
POINT OF TERMINATION
PT
PC
23/ 89'
R
RADIUS
Rr261,89'#
4+15004'41" SEC. SECTION
A r 68,92 „
4 + l5 ° 04 41
A : 61.03' NtNfP NWSTEWATER TRFJITMENT PLANT
O
PRC
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s
N
A 15004`41 "� •
Ar68.92'
R•23i,B9. ��
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A : 61. 03'
�.--PARCEL
42,732 Square Feet iL
MIAMI-DADE WATER & SEWER DEPARTMENT
CENTRAL DISTRICT A
WASTEWATER TREATMENT PLANT
`�
q
PROPERTY
M
N
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o
NOT SUBDIVIDED
PORTION OF SECTION 16, TOWN8HIP'54 SOUTH,.RANGE 42 EAST
ISLAND OF VIRGINIA KEY, DADE COUNTY, FLORIDA
`�
a
R- 6500'R+95.00A
35°O905"
A-58.P8'
82'
1'4P6'uksouTN
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PSC3,
P,YT oq PCu N8S03546"E 422.47'
\'7V4P'16":
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P scEL "8" $89°35'46"N' .312.02'
('R1�Ji C 1
PC
J t
R
i'1 TPA
For # ,70-0 3T
PARCEL 118 11
�;, 14,633 Square Feet.`
(Sor RIMAL)
EXHIBIT " T Il
gKETCH O ACCCNII�PAINY
D:.I_: 03_-22-95
t 1L �,!." f {LrvStii
!0; iv.: Ci-IP,7.0 aEN
nr a r� i f 11 "�? �` i Itl t j rtif a
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95- 4-19
k:r
LEGAL DESCRIPTION
PARCEL "A"
A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 EAST
ON THE ISLAND OF .VIRGINIA KEY, DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED BY "METES AND BOUNDS" AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 16; THENCE
N89'35'46"E ALONG THE NORTH LINE OF SAID SECTION 16 FOR 1250.00
FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE MIAMI-DADE
WATER & SEWER DEPARTMENT CENTRAL DISTRICT WASTEWATER TREATMENT
PLANT PROPERTY, HEREINAFTER REFERRED TO AS THE WASTEWATER
TREATMENT PLANT PROPERTY; THENCE S00'24'14"E ALONG SAID WEST
LINE OF THE WASTEWATER TREATMENT PLANT PROPERTY FOR 947.89 FEET;
THENCE DEPARTING SAID WEST LINE OF THE WASTEWATER TREATMENT PLANT
PROPERTY, N89'35'46"E FOR 14.00 FEET TO THE POINT OF BEGINNING OF
THE HEREINAFTER DESCRIBED. PARCEL OF LAND; THENCE CONTINUE
N89'35'46"E FOR 30.00 FEET; THENCE S00'24'14"E FOR 312.11 FEET TO
A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS
OF 231.89 FEET AND A CENTRAL ANGLE OF 15'04'41" FOR 61.03 FEET TO A
POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE
SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
HAVING A RADIUS OF 261.89 FEET AND A CENTRAL ANGLE OF 15'04'41" FOR
68.92 FEET' TO THE POINT OF TANGENCY; THENCE S00'24'14"E FOR 873.19
FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE
NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
HAVING A RADIUS OF 65.00 FEET AND A CENTRAL ANGLE OF 55'28'18" FOR
62.93 FEET TO A POINT OF COMPOUND CURVATURE OF CIRCULAR CURVE
CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE HAVING A RADIUS OF 140.82 FEET AND A CENTRAL ANGLE OF
34'31'42" FOR 84,66 FEET TO THE POINT OF CUSP, SAID POINT OF CUSP
BEARING S00'24'14"E FROM THE CENTER OF SAID CURVE AND SAID POINT
OF CUSP ALSO BEING A POINT OF INTERSECTION WITH THE SOUTH LINE OF
SAID WASTEWATER TREATMENT PLANT PROPERTY; THENCE S89'35'46"W
ALONG SAID SOUTH LINE OF THE WASTEWATER TREATMENT PLANT PROPERTY
FOR 110.44 FEET TO A POINT OF NON -TANGENTIAL INTERSECTION WITH THE
ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, WITH SAID POINT
OF NON -TANGENTIAL INTERSECTION BEARING N78'42'16"E FROM THE
CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 59.80 FEET AND A CENTRAL ANGLE OF
24'53'04" FOR 25.97 FEET TO A POINT OF REVERSE CURVATURE OF A
CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 95,00 FEET AND A
CENTRAL ANGLE OF 35'09'05" FOR 58.28 FEET TO THE POINT OF TANGENCY;
THENCE N00'24'14"W FOR 873.19 FEET TO A POINT OF CURVATURE OF A
CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY
j ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 231.89 FEET AND A
CENTRAL ANGLE OF 15'04'41" FOR 61.03 FEET TO A ,POINT OF REVERSE
CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 261.89
FEET AND CENTRAL ANGLE OF 15'04'41" FOR 68.92 FEET TO THE POINT OF
TANGENCY; THENCE N00'24'14"W FOR 312.11 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 42,732 SQUARE FEET, MORE OR LESS.
PBSKETCH TO ACCOMPANY DATE: 03-22-95
LEGAL DESCRIPTION DRAWN: DEANS/RASKIN
CENTRAL DISTRICT WASTEWATER CHECKED: MANTECON
1-187.00
aooi e.w. iomH AVENUE JOB NO.: 01-187.00
(305, R2-7275 �� _ TREATMENT PLANT PAGE 2 OF 4
(305) 59t-7Z75
r.
9 5 - 4 _l 9/
PROJECT LOCATION
lk
KE
�GINIA KEY
VIRGINIA BEACH PARK
TSCAYNE
LOCATION MAP NOT TO SCALE
SURVEYOR'S NOTES:
THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" DOES NOT REPRESENT
A FIELD BOUNDARY SURVEY.
BEARINGS AS SHOWN HEREON REFER TO AN ASSUMED BEARING OF
S00'24'14"E ALONG THE WEST LINE OF THE MIAMI-DADE WATER & SEWER
DEPARTMENT CENTRAL DISTRICT WASTEWATER TREATMENT PLANT SITE AS
SHOWN ON THE BOUNDARY SURVEY PREPARED BY THE MIAMI-DADE WATER &
SEWER DEPARTMENT DATED JUNE 1992 AND LAST REVISED JANUARY 6, 1995,
IMPROVEMENTS WITHIN OR ABUTTING THE SUBJECT PROPERTY WERE NOT
LOCATED AND ARE NOT SHOWN.
THERE MAY BE RESTRICTIONS ON THIS PROPERTY THAT ARE NOT SHOWN
THAT MAY BE FOUND IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY: THAT THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION AND FURTHER, THAT SAID SKETCH MEETS
THE INTENT OF THE "MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING
IN THE STATE OF FLORIDA", PURSUANT TO CHAPTER 472.027, FLORIDA
STATUTES AND RULE 61G17-6 OF THE FLORIDA ADMINISTRATIVE CODE.
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
BY:_ _�--- OPLS
�----------
ROBERTO MANTECO
PROFESSIONAL LAND SURVEYOR NO, 4431
STATE OF FLORIDA
NOTICE: THIS DOCUMENT IS NOT VALID UNLESS SIGNED AND EMBOSSED WITH
THE SURVEYOR'S RAISED IMPRESSION SEAL.
95- 419
SKETCH TO ACCOMPANY DATE: 03-22-95
Pin LEGAL DESCRIPTION DRAWN: DEANS/RASKIN
CHECKED: MANTECON
2001"A 10701 A CENTRAL DISTRICT WASTEWATER JOB NO.: 01-187.00
.1, ROPoDA 33172-330
003)$92-7273 TPG'ATf,AC-NIT DI ANIT PARE 4 Or A
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
C7
TO : The Honorable Mayor and Members DATE : MAY 1 8 1995 FILE
of the City Commission SUBJECT
Resolution Authorizing
Execution of Purchase
and Sale Agreement
FROM REFERENCES:
Cesa io
City ger ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to enter into a
purchase and sale agreement, in substantially attached form, with
Metropolitan Dade County ("County") for purposes of conveying to
the County a parcel of land situated in Virginia Key, more
particularly described herein, and granting to the County a
Temporary Construction Easement, a Non-exclusive Ingress and Egress
Easement and a Non-exclusive Utility Easement over, along and upon
certain parcels of City -owned land situated in Virginia Key, more
particularly described herein; the County to provide the City as
consideration the following: (1) the sum of $217,350 ($110,000 in
cash at closing and $107,350 inkind); (2) an Access Agreement over
and across the Sewage Plant to facilitate City's ingress and egress
to the City compost facility and (3) a non-exclusive Access
Easement Agreement in and along certain property located along the
west property line of the Sewage Plant, for vehicular ingress and
egress to City property, wherein the City presently operates a
composting facility and fill site.
BACKGROUND:
The Office of Asset Management and Capital Improvements has
prepared the attached item for consideration by the Commission.
The County has offered to purchase 'approximately .5 acres on
Virginia Key for construction of facilities incidental to the
sewage plant operations. Modifications are required to the
Effluent Pumping Station at Virginia Key in order to insure its
safe operation.
In recognition of the County furnishing essential governmental,
health, safety and welfare services to the citizens of Miami, the
City has negotiated the attached Purchase and Sale Agreement which
is recommended for City Commission approval. The highlights of the
agreement are set forth below:
1) The City shall sell the County approximately .5 acres of land
for the consideration defined herein and shall further provide
the County the following easements:
95- 419 �_�
0
Honorable Mayor and Members
of the City Commission
Page 2
a) City shall grant County a non-exclusive easement in,
under and through certain property located east of the sewage
plant property, as more particularly described in Exhibit F1
and as Easement A in Exhibit F2 in the Purchase and Sale
Agreement, for construction, operation and maintenance of an
existing outfall sewer line and a new outfall sewer line.
Additionally, the City shall provide a Temporary Construction
Easement in and along that property described as Easement B in
Exhibit F2 in the Purchase and Sale Agreement, which will
terminate on December 31, 1996, to be used in connection with
the construction of the new outfall sewer line.
b) City shall grant County a non-exclusive easement in
and along certain property located along the south property
line of the sewage plant, more particularly described as
Parcel B in Exhibit G of the Purchase and Sale Agreement, for
the sole purpose of providing ingress and egress to the sewage
plant.
c) City shall grant County a temporary construction
easement in and along certain property located adjacent to the
Sewage Plant, as more particularly described in Exhibit H of
the Purchase and Sale Agreement, for use as a staging area in
connection with the construction of the effluent pump station.
This easement shall terminate 18 months after Closing.
2) In consideration of the above, the County shall provide the
following:
a) County shall pay to the City the sum of $217,350
($110,000 in cash at Closing and $107,350 in inkind services
to be provided by the Miami -Dade Water and Sewer Department).
b) County shall, at its sole cost and expense, provide
the City non-exclusive vehicular access over and across the
Sewage Plant to facilitate City's ingress and egress to the
City compost facility. The exact location of the access route
shall be determined prior to Closing and shall be a mutually
agreeable route.
c) County shall grant to City a non-exclusive Access
Easement Agreement in and along certain property located along
the west property line of the Sewage Plant, as more
particularly described as Parcel A in Exhibit I of the
Purchase and Sale Agreement, for vehicular ingress and egress
to that City property, upon which presently lies the City's
composting facility and fill site.
95- 419
TO The Honorable J.L. Plummer, Jr.
Vice Mayor
�v,
FR Iter J. poeman
City Clerk
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
DATE June 7, 1995 FILE
SUBJECT Clarification of Votes
REFERENCES M 95-410 + 412, R 95-419 + 421
ENCLOSURES (4 transcripts + 2 Resolutions)
At the Commission meeting of May 25, 1995, during discussion of item 1, the Commission
agreed to grant you the right to veto Motion 95-410 (granting Mr. Lewis, a businessman [Lewis
Barbecue] the same financial relief as was granted Borinquen Health Clinic).
During further discussion of item 1, you were also granted veto power over Motion 95-412
(approving concept of DDA Flagler Market Place and Downtown Miami Signage Gateways).
You further stated on the record during discussion of item 8 that you retained through
Wednesday (May 31 st) the right to veto Resolution 95-419 (authorizing the City Manager to
enter into a purchase and sale agreement with Metropolitan Dade County for conveying to the
County a parcel of land in Virginia Key and granting to the County two temporary construction
easements, etc.).
During the roll call of item 10 (Resolution 95-421, accepting the bid of Richland Uniform, Inc. for
the furnishing of 158 EMS surveillance vests for the Department of Fire -Rescue), you stated
your vote as, "Yes, not sure, maybe."
Attached hereto please find copies of the transcripts, as well as the affected legislation
concerning the above -mentioned issues. Unless we receive any further communication from
you, we will reflect all of the above items as having passed with your affirmative vote. If you
would like your vote to be reflected otherwise, or are desirous of bringing said issues back,
please contact our office.
WF:sl
cc: A. Quinn Jones, III, City Attorney