HomeMy WebLinkAboutexhibitARESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF
MIAMI-DADE COUNTY
The undersigned, the City of Miami, being the present owner(s), of the following real
property (hereinafter called "the Property"), lying, being and situated in Miami -Dade
County, Florida, to wit:
SEE ATTACHED LEGAL DESCRIPTION (Exhibit A)
pursuant to Section 24-58.2(1) (B) (2) (b) of the Code of Miami -Dade County, hereby
proffers this executed Restrictive Covenant Running With The Land In Favor of Miami -
Dade County, Florida in conjunction with Miami -Dade County Department of
Environmental Resources Standard Form Class I Permit application number CC03-245
and variance request, for construction of a 50 slip mega -yacht marina:
1. The undersigned agree(s) and covenant(s) that all docking facilities located at the
subject property shall be used for the mooring of vessels in a manner that is
consistent with the conditions of this covenant, with the Flagstone Island Gardens
Mega -Yacht Harbor Manatee Protection Plan, a copy of which is attached hereto as
Exhibit B, and which is incorporated herein by reference hereto, and with the
recommendation memorandum from the Director of the Miami -Dade County
Department of Environmental Resources Management with all accompanying
attachments, a copy of which is attached hereto as Exhibit C, and which is
incorporated herein by reference hereto.
2. The undersigned agree(s) and covenants(s) that all vessels utilizing the docking
facilities located at the Property shall have a minimum of three (3) feet of clearance
between the bottom of Biscayne Bay at said facilities and the deepest draft of the
vessel as measured at mean low water.
3. The undersigned agree(s) and covenant(s) that the vessel fueling services provided
at the Property shall be utilized only by the lessees of the docking facilities located at
the Property, and for use by public agency law enforcement vessels.
4. The undersigned agree(s) and covenant(s) that the maximum number of vessels
which shall be moored at the docking facilities located at the Property shall not
exceed fifty (50) vessels at any time.
5. The undersigned agree(s) and covenant(s) that as a subset of the maximum of fifty
(50) vessels authorized for mooring at the docking facilities, the maximum number of
powerboats that are Tess than one -hundred (100) feet in length as measured at the
water line that will be moored at the docking facilities located at the Property shall
not exceed a total of twenty-three (23) at any time. Of the maximum allowable of
twenty-three (23) powerboats less than one -hundred (100) feet in length as
measured at the waterline, not more than two (2) shall be water taxis, four (4) shall
be commercial fishing or diving charter boats, and three (3) shall be marina service
vessels. This provision shall not apply to sailboats with ancillary motors, non -
motorized vessels or any rowboat.
6. The undersigned agree(s) and covenant(s) that the marina service vessels allowed
pursuant to this Restrictive Covenant shall only be permitted to be used for service
operations at the marina including but not limited to deploying fuel containment
booms, marina security services, and tugboat -type of operations. Marina service
vessels shall not travel away from the marina, and shall at all times operate within
one -thousand (1000) feet of the docking facilities located at the Property. This
restriction shall not apply to travel of the marina service vessels necessary for the
maintenance or repairs of said marina service vessels, or to travel of these marina
service vessels necessary for safety reasons during emergencies such as storms or
hurricanes.
7. The undersigned agree(s) and covenant(s) to comply in full at all times with the
restrictions and prohibitions on non -water dependant floating structures as set forth
in Chapter 24 of the Code of Miami -Dade County.
8. For the purposes of this Restrictive Covenant, "vessel" is herein defined as any
watercraft designed to float or navigate upon water, or which may be used or is
capable of being used as a means of transportation on water including, but not
limited to, sailboats, powerboats, ships, barges, boats, skiffs, rowboats, houseboats,
jet skis and inflatable boats.
9. For the purposes of this Restrictive Covenant, "docking facility" is herein defined as
any structure, landward or waterward of the mean high waterline, designed for or
capable of mooring a vessel, and requiring a Miami -Dade County Class I Permit,
pursuant to Chapter 24 of the Code of Miami -Dade County, including but not limited
to, docks, piers, piles, boat elevators and davits.
10. This Restrictive Covenant shall run with the land and shall be recorded in the Public
Records of Miami -Dade County, Florida, at the expense of the undersigned, and
shall remain in full force and effect and be binding upon the undersigned, and their
heirs, successors, grantees and assigns until such time as the same is modified in
writing by the undersigned and Miami -Dade County or released in writing by Miami -
Dade County.
11. This Restrictive Covenant shall be subject to specific enforcement by Miami -Dade
County, Florida. In the event that the provisions of the Covenant are not complied
with by the undersigned or their heirs, successors, grantees, and assigns, an action
at law or in equity may be commenced by Miami -Dade County against any person
violating, causing, permitting, allowing or suffering the violation of this Covenant.
IN WITNESS WHEREOF, the undersigned has caused this Covenant to be executed
this day of , 200_.
Witnesses: City of Miami
sign sign
print print
sign Title
print Address
STATE OF FLORIDA, COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this
day of
2004, by as
who is personally known to me or who has produced
as identification and who did take an oath.
NOTARY PUBLIC:
sign
print
State of Florida at Large (Seal)
My Commission Expires:
Attachments: Exhibit A: Legal Description of subject property
Exhibit B: Flagstone Island Gardens Mega -Yacht Harbor Manatee
Protection Plan
Exhibit C: Recommendation Memorandum from Director of
Environmental Resources Management
EXHIBIT A: LEGAL DESCRIPTION
RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-
DADE COUNTY
PER MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL
RESOURCES: STANDARD CLASS 1 PERMIT APPLICATION NO. CC03-245
1. LEGAL DESCRIPTION (SUBMERGED AREA)
COMMENCE AT A POINT, MARKED BY A 5/0" DIAMETER IRON ROO AND CAP STAMPED
F.D.O.T., SHOWN AS P.T. STA. 25+50 ON THE 'OFFICIAL MAP OF LOCATION AND
SURVEY OF A PORTION CF SECTION 8706, DESIGNATED AS PART OF STATE ROAD
A-1-A IN DADE COUNTY, FLORIDA'. PREPARED BY THE STATE ROAD DEPARTMENT OF
THE STATE OF FLORIDA, AS RECORDED f MAP BOOK 56 AT PAGE 71 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA SAID POINT BEING THE POINT OF
TANGENCY OF THE ORIGINAL CENTER UNE OF THE DOUGLAS MACARTHUR CAUSEWAY
RUNNING EASTERLY AND SOUTH EAASTERLY FROM THE WESTERLY was (WEST
NEW OF WATSON ISLAND AS SHOWN ON SHEET 3 8F TIC STATE ROAD
DEPARTMENT RIGIR-CITE-WAY MAP SECTION N0. (6706-112) 87060-2117, REVISED
MARCH 25,1959, STUD MOST NORTHERLY CURVE RAVING A RADIUS OF 1432.69 FEET
AND A CENTRAL ANOLE OF 6700'00"; THENCE SOUTH 59'51'28' WEST DEPARTING
RADIALLY FROM SAID CENTERLINE A DISTANCE OF 987.36 FT:ET TO A PROJECTED
ODU HEAD UNE; THENCE NORTH 1712'21' WEST ALONG SAID BULKHEAD UNE A
DISTANCE OF 238.88 FEE TO THE POINT AND PLACE OF BEGINNING; THENCE SOUTH
491757' WEST DEPARTING SAID BULKHEAD UNE A DISTANCE OF 550.92 FEET TO A
POINT OF INTERSECTION OF THE 'TURNING BASIN UNIT AS ESTARUSNED BY U.S.
ARMY CORPS OF DOWERS S AND POS1f10NED BY COORDINATES NORTH 527,878.62
FEET. EAST 928.135.22 FEET (BASED ON NORTH AMERICAN DATUM 1983-NAD83)
VEIN THE NORTHERLY UNE OF THE MIMN MAIN SNIP CHANNEL.; THENCE NORTH
31'03'80' WEST ALONG FIFE LUEIS OF SAID TURNING BASIN A DISTANCE OF 428.44
FRET TO A POINT OF INTERSECTION WITH THE FAST RIGHT-OF-WAY UNE OF THE
INTRACOASTAL WATERWAY; THENCE NORTH 0317'54' WEST ALONG SAID EAST
RIGHT -OF WAY UNE A DISTANCE OF 674.43 FEET TO A POINT OF INTERSECTION
WITH THE SOUTHERLY RIGHT-OF-WAY UNE OF SAID DOUGLAS MACARTHUR
CAUSEWAY, SAID POINT OF INTERSECTION DENG A POINT ON A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 10,7 1 6.59 FEET, A RADIAL UNE TO SAID
PONT BEARS SOUTH 01' 15' 15" EAST; THENCE RUN EASTERLY FOR 387.46 FEET
ALONG THE ARC OF SAID CURVE AND ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE,
THROUGH A CENTRAL ANGLE OF 0T04'17' TO A POINT OF TANGENCY; THENCE
SOUTH 89'10'55 EAST CONTINUING EASTERLY AI-ONG T14E SAID SOUTHERLY
RIGHT-OF-WAY UNE A DISTANCE OF 32.08 FEET MORE OR LESS TO A POINT OF
INTERSECTION WITH AN EXISTING BULKHEAD UNE: THENCE SOUTH 1 T12'21 " EAST
ALONG SAID BULKHEAD UNE A DISTANCE OF 924.74 FEET TO THE POINT OF
BEGINNING.
CONTAINING 13.35 ACRES OF SUBMERGED LAND MORE OR LESS.
EXHIBIT A: LEGAL DESCRIPTION
RESTRICTIVE COVENANT PER MIAMI-DADE COUNTY DERM:
STANDARD CLASS 1 PERMIT APPLICATION NO. CC03-245
Page 2 of 3
2. LEGAL DESCRIPTION (ADDITIONAL SUBMERGED AREA El
PORTIONS OF SUBMERGED LANDS LYING WESTERLY OF WATSON ISLAND, CITY OF
MIAMI, IIAMI—DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT POINT OF TANGENCY STATION 25*50 ON THE CENTERLINE
OF GENERAL DOUGLAS Mac ARTHUR CAUSEWAY (S.R. A-1—A) STATE PROJECT
SECTION No. (8706-112) 87060-2117 RIGHT OF WAY MAP AS RECORDED IN
PLAT BOOK 56 AT PAGE 71 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY.
FLORIDA; THENCE S6610'14'W FOR 1384.81 FEET TO THE POINT OF BEGINNING
OF TEMPORARY EASEMENT "E'; THENCE 549'32'57"W FOR 101.36 FEET TO A
POINT ON THE EASTERLY LIMITS OF A TURNING BASIN; THENCE N 31'03'50'W
ALONG SAID EASTERLY LIMITS FOR 968.07 FEET TO A POINT ON THE
CENTERLINE OF THE INTER COASTAL WATERWAY; THENCE
NO3'27'54'W ALONG SAID CENTERLINE FUR 402.93 FEET TO A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD A-1—A SAID POINT ALSO
BEING ON A CURVE THAT IS CONCAVE TO THE NORTH HAVING A RADIUS OF
10,716.5g FEET, THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 1-20'14' FOR AN ARC DISTANCE OF 250.10 FEET TO A
POINT ON THE EAST RIGHT OF WAY LINE OF SAID INTERCOASTAL WATERWAY;
THENCE S03'27'54"E ALONG SAID EAST RIGHT OF WAY LINE FOR 658.57 FEET
TO A POINT ON THE EASTERLY LINE OF AN EASEMENT THAT IS RECORDED IN
OFFICIAL RECORDS BOOK 3622 AT PAGE 751 OF THE PUBLIC RECORDS OF
MIAMI—DADE. COUNTY, FLORIDA; THENCE 531'03'SO7 ALONG SAID EASTERLY LINE
FOR 603.20 FEET TO THE POINT OF BEGINNING.
CONTAINING 4.65 ACRES MORE OR LESS (211,373 SQUARE FEET)