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HomeMy WebLinkAboutExhibit BPreparcd and 'MUM IQ Tris Fsearra Gruenburg Traurig 333. $E2 A9crIne, Suit 4400. FL 3313i lit11111111111111111111111111111111111 CFN 2015R0355482 OR fit( 2%4,2 NS 4i-56 (1,13Pss) RECDROU 06/041201509:42*'0 NARVtY RUVINr CLERCOF COURT MANI-DADE COUNTYr FLORIDA COVENANT TO RUN WIT1 THE LAND THIS COVENANT (hereinafter the "Amendment"), is made as of thi day of February, 2014, by and between PRH NE 28th Street, LLC,, a Florida limited liability company, with offices at 315 South Biscayne Boulevard, Miami, Flerida 33131, party of the first part ("Covenantot"), and the City of Miami, a municipal corporation of the State of Florida, in the County of Miami -Dade, party of the second part (the "City"). RECITALS WrIEREAS, Covenantor owns the parcel(s) of land located at 460 NE 2.8 Street, Miami, Florida, more particularly described .in tbe attached Exhibit "A" (the "Covenantors Property"); and. WHEREAS, Covenantor intends to construct and develop a high.rise condominium with recreational amenities on the Covenantor's Property known as Icon Bay (hereafter the "Condominium"); and WHEREAS, Covenantor has requested permission from the City to constrict improvements within property owned by the City located at 498 NE 28 Street, Miami, Florida, Miami -Dade County Folio No. 0.1-3230-017-0420 (the "City's Property") and identified on the attached Exhibit "B"; and • " . WHEREAS, improvements (hereinafter coll. the "Improvements"). shall consist of landscaping trees, an irrigation sy a aeatm eet lighting system, decorative sidewalk and baywalk„ pavers and re1ate UCt 11 described in greater detail in Exhibit "C"; and MIA184.6009v2 WEREAS, the Covenantor has agreed to dedicate to the City, land adjacent to the Covenantor's 'Property, more particularly .described nTxhibit "ir, to .be soley used. and enjoyed as a park and has agreed to maintain said park in, perpetuity (City Park"); and WHEREAS, the COVenantor has 'agreed to create an 'ingress/egress easement from Ng , . 28th Street to NE 29th Street to be used by the public and privately maintained;and WHEREAS, the Covenantor has agreed. to contribute to the :maintenance of the inlet • adjacent to the City's.Property; and. WHEREAS, the riParian rights to. the inlet and waterfront access. rights shall be maintained by those property owners located adjacent to the waterfront .and inlet pursuant to Condition No. 5 of Exhibit "A" of the street closure approval set forth :in City .of Mami Resolution No. R.-12-0289 and. dated July 26,, 2012; and. WHEREAS, the prior owner .of the Covenantor's Property -now an inactive entity —executed that certain Covenant to Run with the Land dated as of February 9, 2005 which was recorded June 28 2005 in Official Records Book 23520, at Page 3775 of the Public Records of Miami -Dade County, Florida (the "Covenant"), but never fulfilled its obligations therein; and . WHEREAS, the City has required the Mention of this covenant running with the land as a condition precedent to its acting as Pennittee and to the granting of said permission to Covenantor to construct the Improvements on the City's Property; and WHEREAS, Covenantor and the. City desire to acknowledge,;partially release, modify and/or amend certain terms and provisiens of the Covenant as hereinafter provided. NOW THEREFORE, in consideration of the foregoing and other good and valuable :consideration,. the receipt and 'sufficiency of • hereby covenant and agree With:City as f011o41 MIA 1840P979v2 1.. Recitals, 'Ibe foregoing recitals are true and correct and are made a part hereof. 2. :Defined . Terms.. All terms Utilized in this Amendment:but not defined in this Amendment shall have the rneaningaseribed to said tOnT18 in the Covenant, 3. f,onstruetion and Maintenance • of _Park and improvements. Covenantor ,is hereby .required to instill, .construct, maintain, improve, secure, replace .and repair the aforementioned Improvements and utilities on the City's Property in accordance with City of Miami standards and specifications at no cost or expense to the City, The City Park Shall remain open to the.public and residents from sunrise to. sunset, 4,. Maintenance of Inlet. Covenantor agrees. to contribute to the maintenance of the inlet, along with the abutting owner Alpine Estates, 'LLC, a Florida limited liability company, its, successors and assigns ("AlPine"). Alpine owns the property located at 527-623 .NE 27' Street, Miami, FL 'abutting the. inlet which is alao proposed. as a multi -family building. Responsibility for maintenance ofthe inlet shall be joint and several 5. IngresslEgress Easements construction and Maintenance thereof. Covenantor shall be responsible for the installation, eonstruction, maintenance, improvement; replacement and .repair of an ingress/egresseasement area to enhance the circulation in.the area, as depicted. on theproposed plat known as Garden Park on the Bay. 6., Drainage Improyement.. Maintenance and Repair: In connection with the building permit for the condominium, as part of the property and City Park drainage system, the maintenance and repair of all drainage components, including wells and well vents, located within Tract B, will be the responsibility of the Covenantor;, excluding the IS:" storm drainage pipe and connecting drainage and control structu to the existing drainage outfall to, Biscayne property easement provided to the City MIA,18460$9.79v2: 414 calk> 28th Street and connecting, located within •a IT wide e instrument, for which rnainte.nanoe and repair will be responsibility.of the Public Works Department of the City of • • 7. Requirement that the Improvements be Maintained andioestorecl, In the event that Covenantor, its heirs,...successors,or assigns fail in the reasonable discretion of the Director of the Department of Public .Works.to properly 'maintain the Improvements, orany part thereo.f, so that they become a hazard to the health,, welfare akid safety .of thegeneral public, the City shall give Covenantor written notice of'such. failure yla certified riai4 return . receipt requested,. with.copies toany mortgagee who has given Written .notice of its lien to the City Of Miami, and Covenantor shall within thirty (30) days &Jim receipt of such notice either (1) restore the hnprOvements„ ot.arly part.thereof, to a safe condition satisfactory to the City; or (ii) remove the Improvements, or any part thereof,..arld restorethe City's Property to the City's standards at no cost. or expense to the :City.% . • .... S. Enforcement of Requirement that the hnprovements e• 'Maintained andfor • Restored: ..In the event that Covenantor, its heirs, succes rs, or assigns fail to either restore the. Improvements„ or any part. thereof, to a safe condition satisfactory to the City .or remove the. • L _Improvements; part thereof and „restore the City's Property, in accordance with. Paragraphs 6 and 7 of this Attenclinent, the City .may contract for such restoration or removal, and .the•••amount.of such restoration•or removal costs shall be declared and established as a lien against the Covenantor's Property described on the attached Exhibit;‘..A" •and enforcedas any • hen provided for under the Statutes of the State -of Flotida and.the Cade and Ordinances of the City of Miami. Covenantor shall •pay the •City'Sreasonable attorneys' fees. and costs of collectionarising in any action to foreclose the liettrfotherwse recover costs .for restoration or removal of the Improvements or any part the MIA11311603979v2 .9, Waiver of Recourse Anil st, h C* vith Res t the tin rove ents, Covenantor further covenants and agrees.that all recourse against the City is hereby expressly waived as to any damage caused, consequential or otherwise, to any portion, in whole or in part, •of the remaindex of •Covenantor's :bnprovement, resulting fthm the removal of' the Improvements, orany part thereof, from the City !s Property, pursuant to Paragraphs 7 and 8 of this. Amendment. 10. Indemnification with Respect to Construction, Maintenance and/or Removal of the Improvements. Covenantor shall indemnify, defend, and hold harmless the City from any claims, demands, liabilities, losses or causes of action of anynature :Whatsoever arising out of the use, construction, maintenance ,andlor removal of riteImprovements, or -any part hereof, • • from and against anyorders, judgments. or decrees .Whichinaybe entered. and fromand against . • . all costs, attotneys':fees, expenses and liabilities. incurred. in the defense °latch elaitn, orin the investi tion thereof,. 11. Indemnification with Respect tothe Grant of the Amendment. Covenantor .• shall. indemnify, defend and save the City hannlesS froru and against any and all claims, liability, losses. and causes of action, of any nature whatsoever which may arise out of the. granting this 'Covenant or out of Covenantor's activitieS•Under this Amendment, including • • all other ads Or omissions to act. On. the part:of Covenantor or any person acting for or on:, • CoVenantor's behalf, and from -and. against :any orders, judgments ;51, .decrees which may be entered and from and 4gainst all costsattorneys' fee, expenses andliabilities incurred in the defense of any such .claiins.or in the investigation thereof. •12. Insurance, Covenantor's contractor shall. carry a comprehensive general liability policy of insurance of at least $.1;000,000 co.... t for bodily injury and property damage. issued by a State of Florida lice •I4 rated AV or better Ael1A104003979v2 • • . A,Meliests5. Key Rating Nidep hother policy of insurance as may be agreed to be Covenantors and the City:The insurance shall be .Subject tothe approval of the City's. Insurance COoidinator. Products and completed, operatiOns, contractual liability; 'explosion,. collapse and . underground liability coverage Shall he. included under said. The :insurance shallbe provided by Covenantor's contractor. ,The policy term or any .reneN.Vals thereof shall retnain in • . • effect for the term of the Amended Covenant, The insurance carrier for. the policy must be .rated no less than A Rated as to management and no less than Class Vas to strength by the latest edition of Best's Insurance •Guide and must be approved by the Risk Management Division of the City. The City shall be named as Additional Insured under the policy, Proof of insurance; shall be supplied to the satisfaction of the City prior to the issuance of any permits. A certificate of insurance bearing . the City. as,`.'Additional Insuree.shall in no.wayrelieve Covenantor ef the obligation to add the City as ".Additional Insured" to the actual insurance policy. The insurArice policy .shall. provide . . that the City be given at least tWrty (30) days advance written .nOtice;:of any r.rtaterial .ehanges„ • cancellation or non-reneWal notification .of .any poliey, and in .the, event Of such. material change, cateclhition„ or non-rene‘val notification, CONttaantar. shall immediately replace said. • pOlicY with mother policy to the....Satisfaction of the City with the receipt of a certificate Of insurance. for, such .policy by the City, at ..least ten (10) days prior tollte effective date of the • material changes; cancellation or non -renewal of any policy. Inthe event that the City is not in ,...possession..of same by such date, then the City, shall have the tightto immediately secure a similar insurance policy in its name With the total cost.of the premium and all monies that may become due during the term of the covenant being charged to.Coverbantor and the City shall have the right to declare and establish said costs. as a.?C ovenantoi's Property- and uteit • enforcedas any lien provided for under the statutes. 114IA 1f1460397W2 . COvenantor.agrees .• to increase •from tine. to. time the limits. of the comprehensive liability instirance. policy .required . to beprovided pursuant -to this Amendment,. upon the written request of the City.. • • Covenant to Run with thel,and. lt is expressly understood and agreed that this. • inStrament•shall be bindingupon Covenantor andalso upon its shecesSors in. interest or assigus including, but not limited to, the condominiunrassociation of the Condominium., and shall be a ,condition impliedin any conveyance or other instrument Affecting the title to the aforesaid property or any portion thereof: • . The provisions of this instrument:shall becomeeffective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect.: for a period of thirty (3Q) years after the date' of such. recordation, after Which time they shall be • extended ,autornatically for successive periods :of ten (10) years. OaCh., unless released in. writing by the felloWing:..(i). then: OWners.•of the PrOperty (or if any.portion of the Property has. been subinitted to tli co- ridorninitin- forin, of ownership, ‘en by. the association . , . • establishe,d.to operate the condemininin in lien of all of the ownet'i thereof) AND (ii) the City Commission, subject to the approval of the. City Attorney as to legal form, upon the demonstration and aflirmative finding that the sari is no longer necessary to preserve and protect the Property for the putpose.s stated herein, 14. Assignment and Assumption by the iconbay. Condominiwn Association., Inc. At such, time as Covenantor records the certificateof substantial .completion required by Section 718.104(4)(e) F.S. as an amendinent to that certain Declaration, of Condominium of icenbay Condominium Association, Lac., a Condominium recorded qn November 6, 2012). in. Official Records Book .28346, Page 3432 of the PublieReg-,excls of Miami -Dade County, then: (i) any and all responsibilities, obligations, flab .:" ' •di fthe Covenantor under this Agreement shall antomatically, by op.eration MIA £4003g794 assigned to, and assumed >`‘ • 'by, the Iconbay Condominium Association; Inc., and (ii) CovenantOr shall, immediately and permanently be released from any and all responsibilities, obligations; liabilities and/or duties• arising. from or relating to this Agreement: • ••. • . 15 •• Notice, Any notice, request, dernand,.approVal. or .eantent given or required to be given under .this AMendment.shall be in writing and shall be. deenied as having been given when mailed by 'United States registered or certified mail (return receipt requested), postage prepaid, to the other parties at the addresses stated below or at the last changed address given by the party to be notified as hereinafter. specified: Covenantor • • •• PRH N.H. 28th Street, LLC, 315 South Biscayne Boulevard 3rd Floor 1Vliam4., Florida 3313 i Attn: Carlos Rosso with a copy to iris Escatra Greenberg Trawls •.: 333. Avenue of the AMericas. (333. SE 2nd Avenuej: Suite 4400 " • • ••1` • Miami, Florida 33131 • The 'City Manager The City of Miami 444. S1W,..2N1) Avenue Miami, .Florida 33130. and Public Works Director and Parks Director The City of Miami 444 S.W. 2 Avenue, Miami, Florida 33130 16. City Owned Land. Covenantor herein ressly acknowledges that (a) the permission granted by the City to construct the /RI for the limited purposes set forth herein mop' e MIA 164603979v2 the City -owned land is solely lease and that the rights of ' • • Covenantor hereunder .are not. those of a -tenant but is a mere personal privilege to do _certain, acts on the City -owned land,. (b) the City retains dominion, possession and control of the City land and can in the event of default by Covenantor unilaterally end the. permission herein. , ..granted to Covenantorwithout any fault or.breach or cause whatsoevet provided, however, that notice is given .to Covenantor and Covenantor has not cured:.the event of default within the period of time specified herein after receipt of notice and (c) Covenantor does.not and shall not . claim at any time any intereSt or estate of anykind or extent whatsoever in the City -owned land by virtueof its use hereunder or by virtue of any expenditures incurred in connection herewith. . 17: .. Supersede- and Release of Previous Covenant. This Covenant supersedes: and releases that certain Covenant to Run with the Land dated as of.February 9; 2005 which was recorded June 28, 2005 in Official.Records Book 23520, atPage 3775 of the Public Records of Miami -Dade .County, Florida (the "Covenant'):, which never fialfdled: its obligations therein, 18.. Modification, .Amendment, Release. This: Covenantmay only be modified, amended or released as to the Property, or any portion thereof, by a written instrument executed by the, then, owner(s) of the Property, including joinders by all. mortgagees, if any, provided that the same shall require approval by City Connnission; and the City Attorney, as to legal font. " - [SIGNATURE PAGE TO FOLLOW) MIA 184603979v2 IN WITNESS WIIIE,REOle Covenantor has caused these presents to.be executed and signed in is name. by its. 1(c. fes o(4nd.. its eorporate seal to be affixed hereto and attested to•by its. seoretary, .the day and year. first above set forth..., FIRST WITNESS Print Name: SECOND WITNESS Print Na STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE) PRII NE ri.),FIE/I.,11.0 1 By! sSOntil Oa, its: er sior • • • I HEREBY CERTIFY that on this day of , 2014, personally appeared before me .an officer duly authorized to administer oaths and take acknowledgements, 4Y1101 TlkA-C,T-0 , as VI Ci fffe4eiir1RFI N.B. 28th Street, LLC, a Florida limited liability company, They are personally known to me or have produced as identification. 1/Itt 1`-f4AA,7-- NTARY PUBLIC Print Name: \kit,cfefK Commission No. 191401 Commission Expires: MOM , Z)) [SEAL) MIA 161259233Bv7 SUSIE PEREZ :,14 MY COINI.SSION EE 187407 z EXPIRE& May g, 2016 .flowThju�tayputpk Undorww Moder by Assotiation Iconbay Condominium Association Inc., hereby joins in, and consents to, the provisions this Agreement for the purpose of :agreeirtg to the assignment and assumption of responsibilities, obligations, liabilities and/or duties of the Covenantor set forth in Section 13 above. Iconbay Condominium AssOciation Inc, Sonia Figueroa., Piesidetit FIRST WITNESS Print Name: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) I HEREBY CERTIFY that on this 4 day .of 2014, personally appeared before me, an officer duly apthorj3ed to administer oaths and take acknowledgements, SKA tiNfl.„SOA, , as °Aeitf Tit 0611 of Iconbay Condominium Association, Inc., a Condomini6m. They are aes1941Aily_ known to xne or have produced MIA 182$92339v7 identification, Affitir thWtY PUBLIC Print Name sS 9mission No. fere/DI Acti,j11:1;ix,siori Expires: Vta ZikAW ti P MY CONAMIN # ET: 1£007 41, EXPIRM May 9, 20:18 byted Tim Nan WA 1.3Mativtbm APPROVED: P U 'CISCO G CIA vo---1RENE: G Director of Plana itt and Zoning .Zoning A:dmini:siinta r APPROVED: MIA I 7'4Ju4 EXHIJOI "A" THE "COVENANTOR'S•PROPERTY” 460 NE 28 STREET- FOLIO NO. 01-3230-091-0001• Lots 1, 2, 3, 4, 5, 49 and 50, of Bankers Park, according to the plat thereof as recorded in Plat Book 2, Page 53, of the Public Records of Miami - Dade County; Florida. and The East 50 feet of the West 100 feet of Lot 1, Block 14, AMENDED PLAT OF BLOCKS 13 AND 14 OF BROADMOOR, according to the Plat thereof, as:recorded in Plat Book 2, Page 58, of the Public Records of Miami -Dade County, Florida. and The East 70 feet of the West 170 feet of Lot 1, Block 14, AMENDED PLAT OF BLOCKS 13 AND 14 OF BROADMOOR, according to the Plat thereof, as recorded in Plat Book 2, Page 58, of the Public Records of Miami -Dade County, Florida, and The West 50 feet attic West 100 feet of Lot 1, Block 14, of AMENDED PLAT OF BLOCKS 13 AND 14, OF BROADMOOR, according to the Plat thereof, as recorded in Plat Book2, Page 58 of the Public Records of Miami -Dade County, Florida, MIA 182592338v7 EXHIBIT "B" DYE "CITY'S PROPERTY" Folio: 01 230-017-0420 BANKERS PARK PB 2-53 RIPARIAN RIGHTS OPPOSITE BANKERS PARK PB 2- 53 DB 914 PAGE 163 15 ma 93202338v7 EXHIBIT "C" THE "IMPROVBNIENTS" a, The property ovmet(s). of the "Garden Park on the Bay" -tentative plat. property shall participate in the routine perpetual cleaning of the NE 28 Street bayfront inlet. b. The developer of the. "Garden Park on the Bay" tentative Plat .property shall construct pedestrian. and biCycle, but not motor. vehicle; improvements in the "public park" and along the hayfront, including a bayftont walk:way d. The property owner(s) of the "Garden on the Bay" tentative plat proPerty,its. successors or assigns, shall perpetually perform the routine maintenance of the "publicpark" and bayfront walkway,. e. .A pedestrian and .bicycle .ingress/egress easement shall. be provided in, the approximate area of the closed portion of NE 28 Street right of way to provide a :direct public connection to the bayfront, as depicted in the Plat; The proposed building over the easement shall have a height of .15 feet vertical clearance to .preserve the axial. view corridor of Biscayne Bay fronINE.28 Street f, Provisions, shall be made in the design of the Pthlie Park and ingress/egress :easement to physically support emergency and Inain.tenance vehicles that may require access to the bayfront on a non -routine basis, g. The developer of the "Garden Park on the Bay" tentative plat property shall coordinate the design of the building over the access easement connection between NE 28 Street and NE 29 Street with utility companies and the City to provide the necessary vertical clearance to accommodate emergency, utility and service vehicles. 16 MIA 182592335v7 'EXHIBIT "D" SYMBOLS, AND ABBREVIATIONS: con. - CQRNEF PLAT BOOK PC.. — PAGE • R/W -- RICHT Of'" WAY SEC, — SECTION' TOWNSHIP' RG..RANGE PLAT DATA • M.A.S — CITY OF MIAMI MUNICIPAL ATLAS SHEET NE. — NORTHEAST NW. — NORTHWEST' SE. — SOUTHEAST SW. — SOUTHWEST - CENTERLINE MONUMENTLINE LOCATION SKETCH (SCALE 1=300') IN MIAMI DADE COUNTY, FL. suRVEYOR'S NOTES —• This is hot •a. .Survey,' - Site. Iles' in Fractional Section 30,. Township• 53 South, Range 42 -East, City .of Miami, Miaml—.Dade County, Florida - Bearingsshown hereon are based on an assumed meridian, and are referenced to the -centerline ..of N.E. 28th Street, Miami —Dade County, Florida, having a bearing ref N 89'53'10E. - This site contains. an aggregate area .20,844 square feet (0.479 acres) more or less. — 'This sketch and legal- description are 'Valid. only when all sheets are combined, forming the. complete document. SURVEYOR'S .CERTIOOATE 1 hereby certify that the ottache.d.- 'SKETCH TO 'ACCOMPANY LEO.41 DESCRIPTION" was prepared under my • -responsiblecharge, in accordance with the standards of .practice far 'Surveying and Mapping as: described' In Chapter 472,027, Florida Statutes' and Minimum Technical. .Standards 'for Surveys; as described In Chapter .6:41— 17, :Florida Administrative Cade, 'as set forth by the Florida. Board of Professional Surveyors :and Mappers. Not mild. .without the. signature and original' raised seal of Florida Licensed Surveyor and Mapper. THIS IS. NOT A SURVEY Biscayne Engineering Company, Inc. 529 West Flogier Street, Miami; FL 33130 TeL (305) 324-7871, Fax (305) 324-0809. State of Florida Deaortmen t of Agriculture Le-0000129 nate:. ;06-03-2015' Wolfgang S. Hueck, PSM, For the Firm. _Professional .Surver and Moppet' No. 6519' State of Flaelcia BEC REF. 03 DRAWING: 2131-SS-25-R2 CLIENT NAME: PRH NE 28 REVISION DATE: 06-03-15 BEC ORDER # 03-81165 DRAWNBV T, LLC W.H. SH eT OF BISCAYNE. ENGINEERING COMPANY,. INC. 1898 529 'WEST FLAGLER ST, MIAMI FL 33130 TE (305) 324-7671, FAX (305) 324-1700 www.BISCAYNEENGINEERING.COM Axtrx. 1 8 fi • LINE TABLE LIWE LENOTN BEARING rui 17.63T S86'37'17'E w ing 6.73' N 02,05'51 "E 6.2(:),' S00192'04°E .80' S00112`04t Ea .13 LP 29,24' SII9'54:23°W N00.00'001" ,..76' 9.23' N8950'26"E . RA* LOT 3 BANKERS PABK P.B. 2 PG. 52 ., sE LoT1 50'(P) LOT 47 5(3'(P) fj • CURVE TAKE UfiW ADMS DELTA ANLE LENGH CI. 6.8 27•00Ve C2 2435* 5769224 2464' 107,93' 042'49v/ 20.18 GRA.PRIC SCAL o20 E 40 1 Inc - .49 ft. 111 LR/W 5TPoR LOT 500 .),4 BANKERS 'PARK P.B.• 2 BO. 63 TI rifiswirg 39.17 LOT 48 BANKERS PARK P.D. 2 PG. 63 Si IJNE LOTS 4-9 • P. p SOUTH UNEOF THE N, W. 1/4 OF FRAC770NAL SECnoN 30-53-42 .r.R/W UNE tcf(P) W0,00'08* * 7.5 frit--ft • R/W .251 .2gV) 1. 8 ) LOT 9 LOT 10 LOT I LOT 1 LESS THE WEST 170THEREOF, BLOCK 14, AMENDED PLAT OF BROADMOOR, P,B, 2 PG, 68 Nor. SUBDIVIDED 69.22" REV54s2rE P. 0.C. PARCEL # NE, CORNER •LOT 2 LOT 2 (/1 RADIAL N14'23*15''W R*44.35' SE. C LOT --IADITE N17,20'3rE. •NE39*53'10T —77--BlARINTRAS1S — 8 1,189.63'tdt 174.99v N.E: 26th STREET WITHAM AVE, (P) 155r) 1.1711 LINE OF LOT 1 155.(p) NORTH LINE OF LOT 5 LOT 50 norms pair P.B. PG.-i53 LOT 49 1,0T 49 P.O.B. PARCEL. 1 SOUTH LINE PAWN, # COR. LOT 49 OF LOT 49 \ 154.99V), 155TP1 N.E. 27th STREET ALLEY 15' WIDE ALLEY (MA.S. NO, 21 25'(P) 25'(P) 25'(P) 25't or 12 LOT 12 LOT 23 x,o PACKARD LAIRD'S' RESUli 1 fig THIS IS NOT A kJ EC REF, s-..eeses DRAWING; 2131-SS-25-R2 06-03-15 REVISION DATE: 8ECORDEFj 03-81165 DRAWN a'? W.H. SH5ET 2 OF 3 BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700 529 WEST FLAGLER ST, MIAMI FL 33130 WWW.BISCAYNEENGINEERING. COM 0— NE. WT 50 SE, CO Z LOT 49 S11919`07V 24.37' 0 0 '511*.OrE 2$'(P) LOT 17 R/ UNE M.A.S. NON L5 a. 71.1 tr; • • 0 • N89.59'OrE : (.7) 29.36 R/WLJ.:73 M.A.S. x 21-AF 181:4, 8 f) 70.00' , Rivit .0 M,A,.S, NO, 21-AF 25(P). LOT 111 2VP) 2V(P) LOT 19 LOT 20 CUM,NT IS VALID' ONLY WHEN ALL THE SHEETS <VED FORMING THI: COMPLETE' DOCUMENT CLIENT14.41E:. p T, LLC LEGAL DESCRIPTION: (A PORTION OF TRACT "8") PARCEL. # OR Bk 29642 PG 5! LAST PAGE A PORTION .OF LOTS 1, 49 AND 50 AND PORTIONS OF WITHAM AVENUE (NOW KNOWN AS ,N.E. 28th STREET) AND PORTIONS OF THE ,UN -NAMED :NORTH-,SOLITH ROAD (NOW KNOWN AS NORTH BAYSHOR.E ORIVE), ALL OF BANKERS. PARK,. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK Z PAGE 53„ OF THE .PUBLIC RECORDS OP MtAMI-DADE COUNTY) FLORIDA, LYING IN :FRACTIONAL SECTION30, TQWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY FLORIDA; BEllsIG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 49; THENCE NORTH 00.00'01e EAST, ALONG VEST LINE QP SAID 1.0T.S. 4.9 AND 50 AND ACROSS P4 E 28TH .STREET .AND .A“):NO THE WEST LINE OF. SAID LOT 1, FOR .A DISTANCE OF /57,74 FEET; THENCE NORTH. 8953.10" EAST, ALONG A LINE 6.00 FEET NORTH OF AND PARALLEL WITH. THE SOUTH LINE or SAID . LOT 1, FOR A DISTANCE OF 39,17 FEET: THENCE SOUTH 0000'08' .WEST PARALLEL WITH THE WEST LINE OF SAID LOTS 49 AND 50, FOR A DISTANCE OF 121 25 FEET; THENCE SOUTH 89°59'52" EAST, :PERPENDICULAR 'WITH. THE LAST DESCRIBED COURSE, 'FORA DISTANCE OF 65.63: FEET; THENCE NORTH DovoYgt" EAST, PERPENDICULAR WITH THE LAST COURSE, FOR. A DISTANCE or 100.54 FEET; THENCE SOUTH 863717" EAST, FOR A DISTANCE OF 17.63 FEET; THENCE 'NORTH .020551" EAST, FORA DISTANCE OF -6,73 FEET TO THE POINT OF INTERSECTION. WITH CIRCULAR CURVE CONCAVE NORTHERLY, A RADIAL. LINE THROUGH SAID POINT BEARS NORThI 17'20.3.7" EAST TO THE RADIUS POINT; • THENCE EASTERLY, ALONG, THE. ARC 'OF :SAID CURVE HAVING A RADIUS or .66.80 :FEET THROUGH A CENTRAL ANGLE' OF 27°0009" FOR AND ARC DISTANCE- OF 31.48 FEET TO 771E POINT OF INTEPSEclioN WrTH A CIRCULAR CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE. THROUGH SAID POINT BEARS NORTH: 1423'15' WEST 10...THE RADIUS POINT:. THENCE NORTHEASTERLY .ALONG THE ARC OF SAID CURVE .HAVING A RADIUS OF 24.35 FEET THROUGH A CENTRAL ANGLE OF 5759'22" FOR AN. ARC DISTANCE OF 24.64 FEET To THE POINT OF iNTER$EcTiON WITH A 'CIRCULAR CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH. SAID POINT BEARS NORTH 73° 34'50" WEST TO THE RADIUS PONT,i THENCE NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 107.93 FEET THROUGH A CENTRAL ANGLE OF 1.0°42'49" FOR AN A:RC DISTANCE: OF 20.18 FEET TO A NOT TANGENT POINT ON THE EAST RIGHT OF WAY LINE or NORTH BAYSHORE DP1VE, A RADIOS 'POINT BEARS NORTH 8417'39".WEST FROM SAID POINT:. THENCE SOUTH 00"00.`00" EAST, ALONG THE EAST ,RIGHT. OF WAY LINE OF NORTH I3Ay$1-10NE DRIVE, FOR A DISTANCE OF '146.65 FEET; THENCE .NORTH 8959 07» EAST; ALONG SAID RIGHT OF. WAY LINE, FOR A DISTANCE OF 29..36 FEET; THENCE SOUTH 000264" EAST ALONG SAID RIGHT OF WAY LINE FOR -A. DISTANCE. OF 30,00 FEET; THENCE SOUTH '6959'07" WEST ALONG. THE SOUTH LINE OF THE NORTHWEST ONE' QUARTER (NW 1/4) OF SAID FRACTIONAL .SECTION 10, FORA DISTAN .ofor".. DyAll cor5j 224, 37 FEET •TO THE POINT OF .BEGINNING.. CONTAINING AN' AREA OF .20149. SQUARE FEET OR 0.483 A'CRESSIS.BEGINNING...... cotr,AOF EIE',...,°YERIVY E,. PARCEL .# 2 AND WI msf 3 4, tlit# A PORTION OF THE UN -NAMED NORTH -SOUTH ROAD (NOW KNOWN AS- ORTtI BAYSHOT?E DRIVE) OF BANKERS PARK, ACCORDING 7D THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 63, OF THE PUBLIC RECORDS. OF MIAMI-DADE COUNTY, FLORIDA, LYING IN FRACTIONAL SECTION 30, TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 2. OF SAID BANKERS PARK PLAT THENCE NORTH 89`5423" EAST ALONG THE NORTH LINE OF SAID BANKERS PARK PLAT, FOR A DISTANCE OF' 69.22 FEET; THENCE SOUTH 00°02'04" EAST, FORA DISTANCE OF 6.20 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. OF LAND; THENCE CONTINUE SOUTH 00°02'04" EAST, FOR A DISTANCE OF 23.80 FEET; 'THENCE SOUTH 89°54'23" WEST ALONG THE RIGHT OF WAY LINE OF NORTH BAYSHORE DRIVE, FOR A DISTANCE OF 29.24 FEET; THENCE NORTH 00`00.00" EAST, FOR A DISTANCE OF 23,76 FEET; THENCE NORTH 89°50'26" EAST, FOR A DISTANCE OF 29.23 FEET TO THE POINT OF BEGINNING. . CONTAINING AN AREA OF 695 SQUARE FEET OR 0.016 ACRES MORE LESS. NOTE: THIS DOCUMENT IS VALID ONLY WHEN NI THE THIS IS NOT A SURVEY ARE COMBINED FORMING THE COMPLETE' nocumair EC REF. 9 DRAwiNG' 2131-SS-2 LIENT NAME: PRH NE 28 ST, LLC REVISION DATE: 0643-15 °RDE 03-81165 DRAWN BY W.H. SHEET 3 OF BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700 j8g8 529 VEST FLAGLER ST, MLAMI FL 33130 YIWW.BISCAYNEENGINEERING. COM