HomeMy WebLinkAboutExhibitBOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
PARTIAL MODIFICATION OF ORIGINAL RESTRICTIONS
DEED NO. 19447-H
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA ("BOARD OF TRUSTEES"), is by Section
253,03, Florida Statutes, authorized and empowered to modify restricted uses for certain lands
under the terms and conditions set forth herein; and
WHEREAS, the BOARD OF TRUSTEES conveyed to the City of Miami ("CITY")
certain lands more particularly described in Deed No. 19447, recorded in Deed Book 3130,
Page 257, Public Records of Miami -Dade County, Florida (the "Deed"); and
WHEREAS, the Deed contains the following restrictions (the "Original Restrictions"):
PROVIDED, HOWEVER, anything herein to the contrary
notwithstanding, this deed i.s given and granted upon the express condition
subsequent that the Grantee herein or its successors and assigns shall never sell or
convey or lease the above described land or any part thereof to any private person,
firm or corporation for any private use or purpose, it being the intention of this
restriction that the said lands shall be used solely for public purposes, including
municipal purposes and not otherwise.
PROVIUZ✓p,_ U_R'THmanything herein to the contrary notwithstanding,
this deed is given and granted upon the further express condition subsequent that
the Grantee herein or its successors or assigns shall not give or grant any license
or permit to any private person, firm or corporation to construct or make by any
means, any islands, fills, embankments, structures, buildings or other similar
things within or upon the above described lands or any part thereof for any private
use or purpose, as distinguished from any public or municipal use or purpose.
It is covenanted and agreed that the above conditions subsequent shall run
with the land and any violation thereof shall render this deed null and void and the
above -described lands shall, in any event, revert to the Grantors or their
successors.
WHEREAS, the BOARD OF TRUSTEES approved a modification of the Original
Restrictions on June 24, 2004, and executed and delivered. an instrument entitled "Partial
Modification of Restrictions" on March 2, 2005, and same was recorded on March 18, 2005, in
Official. Records Book 23181, Page 775, Public Records of Miami -Dade County, Florida; and
WHEREAS, the BOARD OF TRUSTEES approved an additional modification of the
Original Restrictions on August 16, 2011, and executed and delivered an instrument entitled
"Amended and Restated Partial Modification of Restrictions" on September 15, 2011,.and same
was recorded on September 16, 2011, in Official Records Book 27828, Page 3675, Public
Records of Miami -Dade County, Florida; and
WHEREAS, the Amended and Restated Partial Modification of Restrictions
automatically and immediately terminated on January 18, 2012, through no fault of the CITY,
the BOARD OF TRUSTEES, or the State of Florida Department of Environmental Protection,
Division of State Lands (the "Division"); and
�':nrli10i :(
WHEREAS, the CITY is still desirous of leasing,ortion of the lands conveyed to the
CITY by the Deed which is described in Exhibit "A", ,t't her ereto and made a part hereof (the
"Property"),to a private developer (the "Develo e:r;;._ *How construction and operation
of a public and private commercial marina and et 'use waterfr4, evelopment, including any
and all uses permitted. under the Ground Let"defined below (d ' 4 whole or in phases, the
"Development"), and in order to accomph's
Restrictions be modified by the BOARD OF TR
WHEREAS, the Developrn'�
Property from a sparse, unimprove
recreational values that will benefit f
Development as open space in the foriigf' garel.stn.y✓alkw-;;t� d
available to residents and zsitc�rs,for cultur`al,and re reatioual activities; and
ne same, it is necegary that the Original
Gti: .
still in the • bfi ��interest because it `will convert the
;,,a location-, will contain cultural, scenic, and
ile at tie,,„same time retaining 60% of the
a. And a waterfront promenade
'bys `'`h';::: `i:?p5+;+. • •• a;lt.�+t:ntiS' rki �5
WHEREAS, ''i 'iiartherance;:of the pllc=:interest, qDevelopment will still also aid
tourism, provide trainixig;and}empl9yment oppo'nities to residents, and generate significant tax
revenue for the:QTY Miath Dacl Gfl:4 atyand thie State of Florida; and
:S
Restric % on the terms
F TRU
is Partial
+a:bd the- CITY -desire to -modify --the -Original •
•odification of Original Restrictions; and
WHE'1ZE':AS, the BOA?OF TROTEES approved this Partial Modification of Original
Restrictions+:. :;,, "and
WHEREAS, `'=:tl e. CIT <<approved this Partial Modification of Original Restrictions
,:1::} ii:li Ui:Vq 2014.
effective as of��'�•��:;;�;::s:::,,•::<<:;•.
NOW THEREFOR; for and in consideration of the foregoing recitals and of the mutual
covenants, terms, and conditions herein contained, and other good and valuable consideration,
the :BOARD OF TRUSTEES and the CITY modify the Original Restrictions as follows:
1. Consent to Development and Ground Lease. Provided the CITY satisfies its
obligations set forth in Paragraph 2. below and subject to termination in accordance with
the provisions of this Partial Modification of Original Restrictions, the Original
Restrictions are hereby modified to permit, and the BOARD OF TRUSTEES hereby
consents to, the following: (i) the leasing of the Property or parts thereof by the CITY to
2
Partial Modification of Original Restrictions
Deed Restriction No. 19447-H
the Developer pursuant to the ground lease or leases between the CITY and the
Developer (the "Ground Lease," which term shall include Exhibit "A" to the Ground
Lease and any amendments made in accordance with the express terms of the Ground.
Lease); (ii) the Developer's use of the Property for the development, construction and
operation of the Development; (iii) the grant of any easements and/or license agreements
which are necessary or appropriate for pre -development work related to the
Development, such as utility relocation and access related to the Development and which
are necessary or appropriate for such construction or operation of the Development, and
continued access related to the Development, all upon the Property or within the areas
described in. Exhibit "B", attached hereto and made a art ereof (the "Easement Areas"),
and (iv) that certain Amended and Restated Ag e; it to Enter into Ground Lease
effective as of September 15, 2011 (the "Agreem n t; 1 \Enter"), a copy of which has been
provided to the Division. In the event that (i),Y`CY';is contemplating any material
' ''
modifications to the Ground Lease and/or:;�tl`te Agreement„.�cl Enter, the CITY agrees to
first discuss such proposed modificatxt with the Diva 0R? and (ii) any material
amendments to the Ground Lease anq'atte Agreement to Ert#.„:lust first receive prior
approval by th.e BOARD OF TRUSTE " ; a regularly scheduled'uieeting.
2. CITY's Obligations.
(a) Payments.
(i) :::.::Until the Deyeloprrirs_ompletc or.October 1, 2021, whichever
occurs first (".1'alceoyer )Date"), th,e.\CIFX, Ia�lj; snake hi -annual payments to the
BOARD OF.qn January ,1 and July `'1 „Qf4each calendar year retroactive to
January 1, 20 Each seim annual pay right shall be iii the amount of fifteen percent
(15%) of the total:p�xeconstction and cti`, tru.ction rents that the CI TY receives from the
Developer„, 'he Citysalt4etti. ;\J,anuaty';1and July 1, 2012, the January 1 and July 1,
20 '3} and tie January iJ i` 014 'sein a nudl:preconstruction rent payments in the total
io'uzat of o Hundr' c ? :Sxx• Tho • at d Two Hundred --Fifty -and No/1.00 Dollars
6,250.00) to" B01 I A TRUSTEES within ten (10) days of the mutual
execOon and delivePsi al Modification of Origin.al. Restrictions.
(ii) F;Q and after the Takeover Date, the CITY shall make payments
to the BOA1t;OF TRJ.EES, on a semi-annual basis, in the amount of fifteen percent
(15%) of the to t`i l;gxo , ental payments received bythe CITY under. the Ground Lease
1,::. , :.,. P Y
(including, but riotzt;essarily limited to, Base Rent and Percentage Rent, as defined in
the Ground Lease)`vv-ith the first semi. -annual rental payment being made on the thirtieth.
(30th) day of the month in which the CITY receives its sixth month Base Rental payment
pursuant to the Ground Lease, and each subsequent semi-annual. payment being made on
the 30th day of each and every sixth month thereafter for as long as the Development
remains on the Property. In no event shall the BOARD OF TRUSTEES receive less than.
Three Hundred. Thousand and No/100 Dollars ($300,000) during each twelve (12)-month
period from and after the Takeover Date, regardless of whether the CITY actually
collects Base Rent or Percentage Rent under the Ground Lease. If this Partial
Modification of Original. Restrictions is terminated for any reason, the CITY shall not be
3
Partial Modification of Original Restrictions
Deed Restriction No, 19447-H
entitled to a refund of any payments made to the BOARD OF TRUSTEES prior to
termination.
(b) Permits, The CITY shall insure and guarantee the BOARD OF
TRUSTEES that the CITY shall require the Developer to apply for and obtain all permits
required by law for the Development.
(c) Financial Audit Reports. Beginning on the date of the CITY's first semi-
annual rental payment to the BOARD OF TRUSTEES as required by Paragraph 2.(a)(ii)
above, the CITY shall submit for each calendar year, annual financial audit reports of the
Developer to the BOARD OF TRUSTEES whch•°have been completed by an
independent certified public accounting firm in' ccbrdance with generally accepted
accounting principles and which certify the4Ecea: of the semi-annual payments
described in Paragraph 2.(a)(ii) above.
(d) Status Reports Regardifigi, evelopment. Be"1f ng one year after the
Ground Lease Effective Date (define 'i !ow) of this Partial. Modification of Original
Restrictions, the CITY shall submit annual1st_atus reports to the Di+ion that verify the
progress of the proposed D yelopment. Thl`e�, CI s all be requirV 1 to submit these
annual status reports to theon until eachka e of the Development has received a
certificate of completion. Eac 4§u'o11 e tort shall Maude a list of all then -existing Curing
Parities (defined below). :�:;;a ,�....ih;
(e) tt ., , - wi,.. , ,t r i , ., 5.
Developmenlit tip eomptete(1`., n the manner R.O:ntemplated,;and required by the Ground Lease
(including o t n.g applicable perrnit 'w thin the time'. periods set forth in the Ground.
Lease.
'e Ion of Development. ; Y sh a nisure and guarantee that the
.......5:•::;�.e::: ,.:::.:,:,:-� 5;•:�
:.;:;•,;;; :::�:...,,Im raerriersditional•IL nds. The CITY shall insure and guarantee
5.ljl'Siti}jap 't;1i11 ,i, ';1i;p:Gt:� :.
hat any stagi• Per,,a loc'at .:within thi✓; asement Areas -used -by -the-- Developer pursuant --
1y easement'`14,, tcen.se �`a eement shall, after its usage by the Developer, be left in a.
co ncut;}on better thai'as:.conditiba when it was delivered to the Developer, In addition to
the 'Mfg (ring, the CITi„sha11 ii1re and guarantee that the Developer will spend no less
than Od cillion and 1 io :i00 Dollars ($1,000,000.00) on improvements to (1) an open
space of laird::0 the sou: east side of Watson Island known as Southside Park and. (2) the
Japanese Gard`ez s,,..So i', `of these improvements shall include, but not be limited to, the
.. i:..54.:1 Ming
following: master':`piniirg of Southside Park, open air, pavilion or covered support
facility, fencing, re'rxibvah of invasive trees and plants, underground utilities, park
pathways, bicycle and jogging trails, public restroom facilities, security cameras and/or
devices, and parking area.
(g) Executed Copy of Ground Lease. The CITY shall insure that the BOARD
OF TRUSTEES receives a fully executed copy of the Ground Lease within thirty (30)
days of the execution and delivery of the Ground Lease by the parties thereto and all
subsequent amendments thereto,
4
Partial Modification of Original Restrictions
Deed Restriction No. 19447-H
gel, to the notice and cure provisions
:,l s}uc.
D OF' I USTEES or the Division may
tit: t6,.
ove if=tlie Ground Lease is terminated
i;�ls not pepfaced.with any new replacement lease(s)
expressly ch. or e Ground'sy, Subordination, Non -Disturbance
and .Attornmcrt", greementopered into'
this terminationrigrlit6shall.t pt,.apply if tl ere�tare separate ground leases for components of
the lDevelopment and;at:leas so osuch Ground Lease has not been terminated.
_:s_;�;::•1.d,,,}.tt •\plis..:.,, :,'p' .. s^ ::sµls s, r,
..:.;.i.Y;y:?i"Tr., `:,tit.,' �i•�1:=' '=�•};. s�t:-r.:. 'i:;:r.
:.-.e rnal``R I
o)___. =eositioz_of Origin 5.:':estrictions: If the BOARD (F R7SIP,ES or
'a,I)ivision terminates ths`?Partial Modification of Original Restrictions, the Original
Restrictions shall auto atica11y; and immediately be reimposed on the Property and
Easeiint\Areas.
..ysl:r.;,:
4. Cuire Rights.
BOARD OF'" 'R.US
..,H.,4:,15
described in Para
2.(c), 2.(d), 2.(e), 2
(h) Gambling, During the term of the Ground Lease and any renewals,
extensions, modifications or assignments thereof without the express consent of the
BOARD OF TRUSTEES and notwithstanding any contrary provisions that now exist in
the Ground Lease, the CITY shall prohibit: (1) casino gambling and all other forms of
gambling on the Property and the Easement Areas and (2) the operation of or entry onto
the Property and the Easement Areas of gambling cruise ships, or vessels that are used
principally for the purpose of gambling, when these vessels are engaged in "cruises to
nowhere," where the ships leave and return to the state of Florida without an intervening
stop within another state or foreign country or waters within the jurisdiction of another
state or foreign country, and any watercraft used to ���zy passengers to and from. such
gambling cruise ships.
3. Termmation of BOARD OF TRUSTEE-=l«�`'''"'lrl.'•.
A �� �'va1.
`tilt'°;:
(a) Default in the CITY's ,O`b` .igations. Subjeet,,,to the notice and cure
provisions set forth in Paragraph 4. be, : ti,and the unavoidabtle,1 ys provision set forth
sl :.r :i:l:tt:?;�
in Paragraph 5.(a) below, the BOARD TRUSTEES or the Dwthion may terminate the
approval set forth in Paragraph 1, above t';,any of the iTY s obliga: is set forth above
Pl,�:.:.. � t
in Paragraph 2, are not performed'- - ti ,1,,::tt;L 1tth
(b) Termination of''Crouncl,,.Leas
Gin:.4
set forth in Paragraph 4. belcr:t
terminate the approval set forth ilz`
in accordance
any of the Cttring Parties; provided, however,
Tlfe'30A.RD OF TRUSTEES agrees that in the event that the
't S: or the Division determines that a default (a "Default")
a)(i) and (ii) above (a "Monetary.Default") or Paragraphs 2.(b),
2.(g) or 2.(h) above (a "Non -Monetary Default") has occurred, the
following procedures shall apply:
(a) Notice. The BOARD OF TRUSTEES or the Division shall provide notice
to the CITY of any Default, which notice shall identify the alleged Default. The BOARD
OF TRUSTEES or the Division shall send a copy of such notice to each Approved
Mortgagee and Major Subtenant and any association formed to administer the applicable
regime(s) ("Association(s)") with respect to Approved Time Share Licenses, as such
terms are defined in the Ground Lease, and to the CITY or the Developer (whichever is
not believed to be the defaulting party) (the Major Subtenants, the Approved Mortgagees,
5
Partial Modification of Original Restrictions
Deed Restriction No, 19447-H
such Association(s) and the CITY or the Developer (whichever is not the defaulting
party), each a "Curing Party"). Notwithstanding the foregoing, the BOARD OF
TRUSTEES or the Division shall be required to send a copy of any such notice only to
each party as to which the BOARD OF TRUSTEES or the Division has been notified in
writing of such party's status as a Curing Party. In the event the BOARD OF TRUSTEES
or the Division fails to send a copy of such notice to any such Curing Party, such failure
shall not affect the validity of the Default notice given to any other Curing Party, or the
cure period set forth in Paragraph 4.(b) below which is afforded to such other Curing
Party.
(b) CITY's Cure Periods. The BOARD ( 'TRUSTEES agrees that if the
BOARD OF TRUSTEES or the Division dete
: at the CITY has failed to cure the
Default after being given the opportunity to 4,1{,£ determination of the CITY's
failure to cure the Default may be made in the sole ad absolute discretion of the
BOARD OF TRUSTEES or the DivisiCuring Parry; shall have the opportunity:
(i) to cure any Monetary Default wit thxty (60) days frorrr `=iy edate theBOARD OF
TRUSTEES or the Division sends its `tii :t ce of Default (the D4 atilt Date"), and (ii) to
cure any N Default ,.. ':. ., ry,,fdts•,from the Default
Date; provided, however, thal�.�if any Non -Men! ,t Default cannot, in'tl };exercise of due
diligence and good faith, be`. t edswithin su.ch`or e undyed twenty (120)-day period, any
Curing Party shall have such additipna1 reasonahfe period as will enable such Curing
:. �:p::.
Party, with the exercise of due,_d: i ene:: re;and in gObd<faith, to cure the Non -Monetary
Default; provided u thei that tlie''c re per o:d for, such Non:;Monetaiy Defaults shall not
exceed twenty+cl () 1onths fioxn the I�e�u`I�Dte (except that if possession of the
Property by Curing Patty is reas'c r abi. cessary foi such Curing Party to cure such
Non-Monetary`?ftault, the, lure periol f'4u'such Non -Monetary Default shall not exceed
twenty-four (24)'l r .onths :om„ the date �s ch possession is obtained, so long as such
Cur' is diligeiiti p)rs i"u ;oceedilfgs to obtain such possession),
Unavtizdable De)`a*s. The BOARD OF TRUSTEES recognizes that there
may b;'instances whezi'•; navoiclaible delays may be encountered which are caused by
circumstances beyond th reasonable control of the CITY or any Curing Party and could
not have beeci;'overcom.6.y the CITY'S or. such Curing Party's due diligence. A filing of
a voluntary petitskin l .ai kruptcy or for reorganization or an arrangement pursuant to the
Federal Bankruptey;� o e or any similar law, federal or state, now or hereinafter in effect,
or an assignment fox `tie benefit of creditors shall :not be considered an unavoidable delay
for purposes of this Paragraph 5, In the unlikely event of such an unavoidable delay, the
BOARD OF TRUSTEES agrees to the following procedure: (i) upon occurrence of any
unavoidable delay, the CITY or any Curing Party shall notify the Director of the Division
in writing within 30 days thereafter of the anticipated length and cause of the. delay, the
measures taken or to be taken to minimize the delay and the timetable by which the CITY
and/or such Curing Party intends to implement these measures; (ii) the parties will then
enter into discussions to determine the appropriate extension, to allow the CITY or such
Curing Party adequate time to meet the delay or anticipated delay. The Division, acting
6
Partial Modification of Original. Restrictions
Deed Restriction No. 19447-H
on behalf of the BOARD OF TRUSTEES, shall agree to extend the time for performance
hereunder for a period equal to the agreed delay from such circumstances. Such
agreement shall adopt all reasonable measures necessary to avoid or minimize the delay;
and (iii) if the parties cannot agree, the Division will provide the CITY or the Curing
Party with notice and an opportunity for a hearing before the Division to determine the
amount of time for extension of performance hereunder. The provisions of this Paragraph
5, shall not apply to Paragraph 2.(a)(i) and (ii).
(b) Application Only • to Property and Easement Areas; Ratification. This
Partial Modification of Original Restrictions applies;:;}only to the Property and the
Easement Areas, and shall not affect or modify thee actions imposed upon the other
lands described in. the Deed which have not pre**,been waived or modified by the
BOARD OF TRI.JSTEES. Except as expressly,�tiZdsdiie,}thereby, the terms of the Original
Restrictions shall remain unchanged in ea*a every`respect, and the same are hereby
ratified, approved and confirmed by the 3 AD OF TRUSTEES and the CITY as of the
date of this Partial Modification of 9"t'Orial Restrictions (it``b`ng understood that any
previous waiver or modification of t1ir . iginal Restrictions maet „with respect to the
;l. ,x5
Property is hereby superseded). `'`�. s�� ,"), t;`'•�
s,..�;t+ sx?iiilbrr'
(c) Effective Da t cept for Para'
Modification of Original Restirc'tio ::shall be e
g ct�o ... shall
delivery hereof. With respeet'to.
Paragraphs 1(i) and; ii above, thisPartial}1V3:t1�i
effective only up?fheDivision's receipt o
the Divisioni; ; iifIrmation:that the Gt
copy of the pfo?osed Grouch`, Lease th
Lease Effective `'``"•
11s 1.(i) and (ii) al ave, this Partial
.lye upon the mutual execution and
D USTEES' consent pursuant to
;£,Original Restrictions shall. be
TI executed Ground Lease and
asels'iubstantially the same form as the
s 'attached to the Agreement to Enter ("Ground
'.::Yl.::.t•S•L.. fit..
elegation .bf Autliopty , 'he', 30ARD OF TRUSTEES hereby delegates
1vzsxon a>Y 'authoi'xt ti determine,jn its "sole and absolute-diseretion, whether the - •
'Y has failed to care a dej'ault in the manner required herein and whether to terminate
this'Tartial Modificat-o;of Original Restrictions because of a default by the CITY.
7
Partial Modification of Original Restrictions
Deed Restriction No. 19447-H
IN WITNESS WHEREOF, the BOARD OF TRUSTEES and the CITY have caused this
Partial Modification of Original Restrictions to be executed on this day of
2014.
Witnesses:
Signature of Witness
Printed/Typed Name of Witness
Signature of Witness
Printed/Typed Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
The foregoing
2014, by
of Florida Departinent.
Trustees of the Internal
to me.
4.\
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By:
, State of
Vida Deparfjnt
of Environmental
rotection, as agentNf..0 and on behalf of the
Board of Trustees of thip.terna1 Improvement
\st Fund.df the State of1jorida
trument aclalppled e day of
-
,State
as
fEnviroienta1 Protselpti, as agentlbr and on behalf of the Board of
Mysovement Trust F-uxidta the State of Florida. He is personally known
Sigriature of Notary Public, State of Florida
Printed/Typed Name of Notary
Commission Number:
Commission Expires:
Approved as to Form and
By:
DEP Attorney
8
Partial Modification of Original Restrictions
Deed Restriction No. 19447-H
CITY OF MIAMI, a municipal corporation of the
State of Florida
By:
Daniel J. Alfonso, City Manager
Pursuant to Resolution No.
ATTEST:
By:
Todd B..Hantiori
City 9:k;!�
APPROVED AS TO INSURANCE (OFM.
REQUIREMENTS
By:
Ann- Sharpe, Interim Dix tgr
of Risk Management
STATE ()
COUN
..? foregoing inst ent
2014, by D ' ,' 1 J. Alfonso,
the CITY OF`;ti:l)1IAMI, FLO.
.PRO VED-'S,.TO FORM AND
.R;RECTNI
ictoria Meriden, City Attorney
wascknowledged before me this day of
"ai'ger and Todd B. Hannon, as City Clerk, on behalf of
Eadi of them is personally known to me or produced
as identification.
Notary Public, State of Florida
Printed/Typed/Stamped Name
Commission Nurnber:
Commission Expires:
9
Partial Modification of Original Restrictions
Deed Restriction No. 19447-H
DRAI"I'
Exhibit "A"
Legal Description of Lands Conveyed by Deed No. 19447
LEGAL DESCRIPTION (NW QUADRANT - UPLAND PARCEL);
COMMENCE AT A POINT SHOWN MARKED BY A 5/8" DIAMETER. IRON ROD 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 OF
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 IN 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 LINE OF THE DOLIGLAS MACARTHUR CAUSEWAY RUNNING
EASTERLY AND SOUTH EASTERLY FROM, THE WESTERLY LIMITS (WEST BRIDGE) OF WATSON ISLAND
AS SHOWN ON SHEET 3 OF THE STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION NO. (8706.112)
87060-2117, REVISED MARCH 25, 1959, SAID MOST NORTHERLY CURVE HAVING A RADIUS OF 1432.69
FEET AND A CENTRAL ANGLE OF 62°00'00"; THENCE SOUTH 59°5E26" WEST DEPARTING RADIALLY
FROM SAID CENTERLINE A DISTANCE -OF 987.36 FEET TO A PROJECTED BULKHEAD LINE; THENCE
NORTH 17°12'21" WEST ALONG. SAID BULKHEAD LINE A DISTANCE OF 238.86 FEET TO THE POINT AND
PLACE OF BEGINNING; THENCE NORTH 17°12'21" WEST CONTINUING ALONG SAID BULKHEAD LINE A
DISTANCE OF 924,74 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD A-1-A -- DOUGLAS
MACARTHUR. CAUSEWAY; THENCE ALONG SAID SOUTHERLY RIGT-IT-OF-WAY LINE THE FOLLOWING
COURSES AND DISTANCES; SOUTH 89°10'55" EAST A DISTANCE OF 72,89 FEET; THENCE NORTH 86°39'49"
EAST A DISTANCE OF 67.31. FEET TO NON -TANGENT CURVE CONCAVE TO THE NORTHEAST WHOSE
RADIAL LINE BEARS NORTH 39°29'18" EAST HAVING A RADIUS OF 160,00 FEET AND CENTRAL ANGLE OF
22°09'28"; THENCE ALONG SAID CURVE AN ARC LENGTH OF 61.88 FEET; THENCE SOUTH 72°40'15" EAST
CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 276.49 FEET; TO A CURVE
CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 600.00 FEET AND CENTRAL ANGLE OF 46°17'39";
THENCE ALONG SAID CURVE AN ARC LENGTH OF 484.79 FEET TO A POINT OF TANGENCY; THENCE
SOUTH 26°22'36" EAST CONTINUING ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF STATE
ROAD A-1-A A DISTANCE OF 196.59 FEET; THENCE, SOUTH 54°07'39" WEST DEPARTING SAID RIGHT-OF-
WAY LINE A DISTANCE OF 532.16 FEET; THENCE NORTH 35°54'03" WEST A DISTANCE OF 132.74 FEET;
THENCE SOUTH 54°07'39" WEST A DISTANCE OF 150,14 FEEI" TO THE POINT OF BEGINNING,
LEGAL DESCRIPTION (SUBMERGED PARCEL):
COMMENCE AT A POINT, MARKED BY A 5/8" DIAMETER IRON ROD 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 OF 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 IN 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 LINE OF THE DOUGLAS MACARTHUR CAUSEWAY RUNNING EASTERLY AND SOUTH
EASTERLY FROM THE WESTERLY LIMITS (WEST BRIDGE) OF WATSON ISLAND AS SHOWN ON SHEET 3
OF THE STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION NO. (8706-112) 87060-2117, REVISED
MARCH 25, 1959, SAID MOST NORTHERLY CURVE"HAVING t1 RADIUS OF' 1432.69 FEET -AND -A' ' CENTRAL
ANGLE OF 62°00'00"; THENCE SOUTH 59°5.1'26" WEST DEPARTING RADIALLY FROM SAID CENTERLINE A
DISTANCE OF 987.36 FEET TO A PROJECTED BULKHEAD LINE; THENCE NORTH 17°12'21" WEST ALONG
SAID BULKHEAD LINE A DISTANCE OF 238.86 FEET TO THE POINT AND PLACE OF BEGINNING; THENCE
SOUTI-I 49°32'57" WEST DEPARTING SAID BULKHEAD LINE A DISTANCE OF 550,92 FEET TO A POINT OF
INTERSECTION OF THE TURNING BASIN LIMIT AS ESTABLISHED BY U.S, ARMY CORPS OF ENGINEERS
AND POSITIONED BY COORDINATES NORTH 527,878.62 FEET, EAST 926,135.22 FEET (BASED ON NORTH
AMERICAN DATUM 1983 NAD83) WITH THE NORTHERLY LINE OF THE MIAMI MAIN SHIP CHANNEL;
THENCE NORTH 31°03'50" WEST ALONG THE LIMITS OF SAID TURNING BASIN A DISTANCE OF 428.44
FEET TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF THE INTRACOASTAL
WATERWAY; THENCE NORTH 03°27'54" WEST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF
874.43 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
DOUGLAS MACARTHUR CAUSEWAY, SAID POINT OF INTERSECTION BEING A POINT ON A CURVE
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 10,716.59 FEET, A RADIAL LINE TO SAID POINT
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 LINE, THROUGH A CENTRAL ANGLE OF 02°04'17"
TO A POINT OF TANGENCY; THENCE SOUTH 89°10'55" EAST CONTINUING EASTERLY ALONG THE SAID
SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 32.06 FEET MORE OR LESS TO A POINT OF
INTERSECTION WITH AN EXISTING BULKHEAD LINE; THENCE SOUTH 17°12'21" EAST ALONG SAID
BULKHEAD LINE A DISTANCE OF 924.74 FEET TO THE POINT OF BEGINNING,
DATE:
3/29/11
DRAFT
Exhibit $
Le8u1 Dosorlpt4ons of 5ta 1ng,.Acoess and Dredging Areas
V P1 ON FOR TEMPORARY EASEMENT "A"
P0Rl0NS OF WATSCN ISLAND, CITY OF .MIAM1, •LYING WITHIN SEC110N 31,
TOWNSHIP' 03 SOUTH, RANCE 42 EAST, MIAMI—DADE COUNTY, FLORIDA,
BEING MORE PARTICULARLY OESCRtBED'A9 FOLLOWS: • '
COMMENCE AT POINT 01' TANGENCY STATION 25+90 ON THE CENTERLINE
OF GENERAL, DOUG11A9 Mee ARTHUR "CAUSEWAY (S.R, A .1'-A) STATE PROJECT
SECTION Nd. ((8708µ114 87080+1117 RIOHT OF WAY MAP AS RECORDED 114
'PLAT BOOK 55 AT PAGE. 71 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY,
(FLORIDA THENCE $59'51'26"W FOR 252,79 ,FEE'. TO A POINT 'ON. THE
WESTERLY RIGHT OF,WAY UNE OF• OeNERAI.. DoUGtAS Mae ARTHUR
, CAUSEWAY. (THE NEXT FIVE (5) COURSES ARE ALONG. $AI) Wn5TERLY RIGHT OF
WAY UNE), THENCE S26'22'36 E FOR 33,52 FEET; THENCE S17'511'22'E MR
275.61 FELT; THENCE' SO4`22'476E FOR' 231.49 FEET It THE POINT of
CURVATURE OF A'CIRCULAR CURVE TO THE LEFT HAVING A RADIUS 0E090.00
FEET AND A•CENTRIIL ANGLE 'DE 7915'21•1 THENCE SOUTHERLY ANO EASTERLY
ALONO THE ARC 0'F SAID CURVE AN ARC DISTANCE OF 252,82 FEET; THENCE
58. '38`08"E FOR 31.86 FEET TO THE MINT OF BEGINNING OIR, TEMPORARY
EASEMENT "A", (THE 'NEXT FIVE(5)COURSES ARE,Al,9NG SAID WESTERLY RIGHT'
OF WAY OF GENERAL, DOUGLAS Mae ARTHUR CAUSEWAY): THENCE 883'38'08"E
FOR 157,50 FEET TO THE POINT OF OU1YVATURE, OF A CIRCULAR CURVE TO
THE RIGHT HAVING A RADIUS OF, 227,50 FEET AND A CENTRAL ANGLE OF
45`28'SSw, TE1tNct EASTERLY ANP SOUTHERLY' ALO, NG THE ARC 'OE SAID CURVE
AN ARC DISTANCE OF 150.59,FEET TO THE. POINT DF.REVERSE CURVATURE of
A CIRCULAR CURVE TO ,THE LEFT HAVING A RADIUS OF 272300 FEET AND A
CENTRAL ANGLE OF 10'83'1B", THENCE SOUTHEASTERLY ALCNt THE ARC OF
SAID CURVE AN ARC DISTANCE OF $17.47 FEET; THENCE N43'54'30"E FOR
26.98 FEET TO A POINT ON A CURVE THAT IS CONCAVE TO THE,IIGRTHEAST ,
AND RAVING A RAD U5 OF 1076.08 FEET, SAID CURVE DEARS N43°54'31'°E,
THENCE SCUTHF'A5 ERI:Y ALONG THE ARC OF SAID CURVE THROUGH A
0ENUAt. A.N0L1» 0 0`43145",fi'OR AN ARC, DISTANCE OF 25,14 FEET; THENCE
S25'01'241W FOR 118.20 FEET; THENCE N64'S8'"�8'W FOR 838,45 r'ElT • •
THENCE N25'01'24"E FOR 251,11 FEET TO THE POINT OF 9EGINNING, '
Book23181/Page783 CFN#20050267972
Exhibit B
Page 1 of 6
Partial Modification of Original Restrictions
Deed Restriction No, 19447-G
1:
sd;iL#t 13
Legal De 5riptl its of Staging, Ames and Dredging Areas
•
LEEC.A1. CESORPTION FOR TEMPORARY EAS Ma1T "9"
PORTIONS OF WATSON ISMAN0, 0fl'Y OF MIAMI, LYING WITHIN SECTION 3311,
TOWNSHIP 53 SOUTH. 'RANGE 42 EAST, MIAM1—DACE GOUTY, FLORIDA,
, BEING' MORE PARTICULARLY DESCRIBED AS FCCLOWS;
,COMMENCE AT POINT OF ,TANGENCY STATION 25+50 ON THE CENTEREINE
'OF GENERAL DOUGI.AS Mpe ARTHUR CAUSEWAY (5.R, A-1—A) STATE PROJECT
SECTION' No, 8706-112) 87060-2117 RIGHT OF WAY MAP AS RECORDED IN
PLAT 800,K 56 A7 PAGE.71 ,0F THE PV9L10 RECORDS OF MIAMI DADE COMITY,.
FLORIDA; THENCE 559°51'25°W FOR 252.79 FEET 70 A POINT ON 111E
WESTERLY RIGHT. OF WAY UNE OF GENERAL DOUGLAS Mac 'ARTHUR
CAUSEWAY, (THE NEXT FIVE (5) COURSES ARE ALONG SAID WESTERLY
RIGHT OF 'WAY UNE),.THENCE,5g6'22'3,8"r FOR 33.52 FEET; THENCE '
51758'22"E FOR 276.61 FEET; THENCE ,504'22'47"E FOR 251.42 FEET TO
THE POINT OF CURVATURE OF A CIRCULAR .CURVE .TO THE LEFT HAVING A
RADIUS OF 190.00 FEEL AND ) CENTRAL ANGLE OF 79'15'21"1 THENCE
SOUTHERLY AND EASTERLY ALONG •THE ARC OF SAID, CURVE AN ARC DISTANCE
OF 262.52 FEET; THENCE S83'38'08"E FOR 31.88 FEET; 1HEF4CE
525'01'24"W FOR 52.77 ,FEET TO THE POINT OF BEGINNING OF TEMPORARY
EASEMENT "B' THENCE CONTINUE S255°01124"E FOR 106.34 FEET; .THENCE
N64188'38"W FOR 250,00 FEET;. THENCE N25'01"24"E FOR 219,10 FEET;
, THENCE S64'S6'3rE FOR 21.98 FEET ' TO THE. POINT OF CURVATURE OF A
CIRCULAR CURVE TO 'THE RIGHT HAVING A RADIUS OF 28,00 FEET AND A
CENTRAL ANGLE OF'31'06°467, 'THENCE' SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE AN ARC DISTANCEOF 13,69 FEET TO THE POINT OF 'REVERSE
CURVATURE OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF; 240.00
FEET ANO A CENTRAL ANGLE OF 49'47'60", THENCE SOUTHEASTERLY ALONG
THE ARC OF SAIO CURVE AN ARC. DISTANCE OF 208.59 FEET; THENCE
S83'38`08"E FOR 15,00 FEET TO 'THE POINT OF 9EGINNINC,
Book231811Page784 OFN#20050267972
Exhibit B
Page 2 of 6
Partial Modification of Original Restri.ctions
Deed Restriction No. 19447-H
Exidbit)3
UPI I DesodPiions of Staging, A,009s6 toad Drudging Axons
LE'AL, DESCRIPTION FOR TEMPORARY EASEMENT "0" •
PORTIONS OF WATSON ISLAND, CITY OF'MIAMI,. LYING WITHIN SECTION 31,
TOWNSHIP 53 SOUTH, FIANCE 42 , MIAMI-DADE COUNTY. FLORIDA.
BEING MORE PARTICULARLY DESOR18 0 AS FOLLOWS;
COMMENCE AT POINT OF TANGENCY STATION 26+60 ON meCENTERLINE '
OF GENERAL DOUGLAS Mac ARTHUR. CAUSEWAY. (S,R. A-1-A) STATE'PROJECT • '
SECTION No. (8706-I12) 87060-2117 RIGHT OF WAY MAP .AS RECORDED 1N
PLAT BOOK 56 AT PACE 71 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY,
FLORIDA; THENCE 559'51°28"W FOR 252,79 FEET TO A POINT, 0h1-THE
' WESTERLY RIGHT OF WAY UNE OF GENERAL DOUGLAS Moo ARTHUR
CAUSEWAY; THENCE 1126'22'30W ALONG SAID WESTERLY RIGHT' 0l'WAY LINE
• Fon 169,21 FEET; THENCE 584'07'39"1V FOR' 484,19 FEET TO THE POINT OF
BEGINNING OF TEMPORARY ESEMENt•"01 THENCE 835'62'21"E FOR 143.31
FEET; THENCE S43°41'14" FOR 186,59 PEET; THENCE 64418'41'"'FOR 154.05
FEET; THENCE S52'14'05"E FOR 81,03 FEET; THENCE 564'58'36"E FOR 249.86
FEET To A POINT ON 7HE 'AFORESAID' WESTERLY RIGHT OF .WAY LINE' OF
GENERAL DOUGLAS Mao ARTHUR CAUSEWAY, SAID p01NT ALSO BEING ON A
GURVE THAT IS CONCAVE TO 7HE. NORTHEAST HAVING A RADIUS OF' 1D0,00
,FEET, THENCE SOUTHEASTERLY ALONG 'THE ARO OF SAID CURVE THROUGH A
CENTRAL ANGLE OF •79'15'21" FOF1•AN ARO DISTANCE OF 262.82 FEET;
THENCE S63.36'084E ALONG SAID WESTERLY RIGHT OF WAY LINE FOR 31.86
FEET; THENCE 526'0124"W FOR 82.77 FEET; THENCE N83'3B'08°W FOR 15,00
FEET TO THE POINT 'OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT
HAVING A RARUJS OF 240.00, FEET AND A CENTRAL ANGLE OF
49'47'80", THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC
DISTANCE OF 208,59 FEET TO THE POINT OF REVERSE CURVATURE OF A
CIRCULAR. CURVE TO^THE LEFT HAVING A RADIUS OF,25.00 FEET AND A
CENTRAL ANGLE OF 31'06'46", THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE AND ARC DISTANCE OF ,13.59 FEET; THENCE N84'58'38'W FOR
232.65 FEET; THENCE N52'14'06'W FOCI 00.00 FELT; THENCE N44'28'41"W FOR
185,00 FEET; THENCE N42'82'31 "W FOR 114.31 FEET; .THENCE
S47'07'29'W FOR 114.15 FEET; 'THENCE' N17••10'88"W FOR 00.00 FEET; THENCE
S77',36'38'W FOR 8.61 .FEET1 THENCE N18'19'53'W FOR 81.30 FEET; .THENCE
570'38'43'W FOR 149.63 FEET; THENCE'M1712'21"W FOR 212.14 FEET,
THENCE N54'07'391; FOR 180:14,FEET; THENCE S35'64'03"E FOR 134.35 FEET;
'THENCE, N54'd7'39"E, FOR 47.43 FEET TO THE F0W)' OF 6EGINNINO.
Boak23181/Page785 CFN#20050267972
. Exhibit 13
Page 3 of 6
Partial Modification of Original Restrictions
Deed Restriction No. 19447-1i
•
EYhlbli D
T,ega1 Desaripi olis o£Staging, Aoaeus and. Dredging Areas
LJ"M. omtiPflorit rog PENNANT rostatif.r, "C1®
PORTIONS OF WATSON ISIANO, CITY OF MIAMI, LYING WITHIN SECTION 21,
'TOWNSHIP 53 SOUTH, RANCE. 42 EAST, MIAMI-DADS COUNTY, FLORIDA. '
BEING MORE PARTICULARLY DESCRIBED AS' FOLLOWS:•
COMMENCE; AT POINT OF TANGENCY STATION 25+50'ON THE CENTERLINE
'OF,GENERAL POUCL4S Mac ARTHUR CAUSEWAY (S,R, A-T -A) STATE PRWECT
SECTION Na, (6705-112) 87060,2117 RIGHT OF WAY MAt9 AS RECORDED IN
PLAT BOOK 56 AT PACE 71. OP THE PUBLIC RECORDS OF MIAMI DADE COUNTY,
• FLORIDA; THENCE'350'61'28"W FOR 252,79 FEET TO, A pow ON THE
WESTERLY RIGHT OF WAY LINE OF, GENERAL DOUGI,AS Mac ARTHUR CAUSEWAY
THENCE N2/922'36"W ALONG 'SAID WESTERLY RIGHT OF WAY UNE FOR 1641
FEET; THENCE 6¢k'07'32"W'FOR 021,61 FEET TO THE POINT OF BEGINNING OF
PERMANENT EASEMENT Mrs THENCE N48'291I"W FOR 137,68 FEETI THENCE
N64707'30E FOR 30,00 FEET; THENCE N35'54'03"E FOR 134,36 FEET TO THE
POINT OF DEQINNINO,
Book23181/Page786 CFN#20050267972
Exhibit B
Page 4 of 6
Partial Modification of Original R.estrictions
Deed. Restriction No. 19447-H
Ex1Ublt a
Legal D6soriptiona o£ Stagin6,.Aaaaaa and Drodg ng Arcaa
'MAL ITiSCRIpTION FOR PERMANENT 604S9AIT `1)1°
PORTIONS OF WATSON ISLAND, CITY OF MIAMI( LYING WITHIN SEGTTON 31,
'TOWNSHIP 53 SOUTH, FLANGE •42 EAST, MIAMI-OAD'E COUNTY, FCORIUA.
BEING MORE PARTICULARLY •DESCRIBED AS FOLL0WS1
COMMENCE AT POINT 'OF TANGENCY'STATION 25+50 ON THE OENTERUNE
OF GENERAL, DOUGLAS Mac ARTHUR CAUSEWAY (SCR, A —)-A) STATE PROJECT
SECTION No, (8708-112) 87060-2117 RIGHT OF WAY MAP AS RECORDED IN
PLAT ROOK 56 AT PAGE 71 •OF'THE PUBUO RECORDS OF MIAMI DAD COUNTY,
• FLORIDA; THENCE SE2`51'26"1,4, F0R• 252.70 rEET TO A POINT ON THE
• WESTERLY RIGHT OF WAY LINE OF GENERAL DOUGLAS Maa ARTHUR •
CAUSEWAY; THENCE N26'22'361W ALONG SAID WESTERLY RIGl,N7 OF WAY LINE
FOR 114.48 FEET TO THE POINT OF sOINNING OF PERMANENT EASEMENT "D"1
THENCE. S54'07'30W FOR 476.15 • ET1 THENCE • N$5'62'21"W FOR 54.00 FEET'?
THENCE N54'07'39"E FOR 484.)9 FEET TO A POINT ON THE AFORESAID
WESTERLY RIGHT OF WAY UNE OF GENERAL DOUGLA,S Hoc ARTHUR CAUSEWAY
THENCE' S28'22'36"E ALONG SAID WESTERLY RIGHT OF WAY' UNE FOR 54.75
FEM. TO THE POINT OF DEOINNING; .
Book23181 /Pag e787 C F N#20050257972
Exhibit B
Page 5 of 6
Partial Modification of Original Restrictions
Deed Restriction No. 19447-H
oo.
Bonk 23181, PAGE Ex7s 9
• LAST PAGE
rThibit
Legal Descriptions of Sting, Ace m ad Dredging Areas
EiTATX, liSI41.,.A 1 A
8
Page 7 of 7
Partial Mociiilection of Restric tions
, Deed Restriction No. 19447-F
ML&DOC$ 694767v3
13ook23181/Page789 CFN#20050267972 Page 15 of 15
Exhibit B
Page 6 of 6
Partial Modification of Original Restrictions
Deed Restriction No, 19447-H