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HomeMy WebLinkAboutExhibit23 CFR, Part 710 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-050-32 AIRSPACE AGREEMENT RIGHT OF WAY OGC - 08:09 Page 1of8 ITEM/SEGMENT NO.: 2515431 MANAGING DISTRICT: Six F.A.P. NO.: I-95-1(419)5 STATE ROAD NO.: 9A(1-95) COUNTY: Miami -Dade PARCEL NO.: 3831,4236 THIS AGREEMENT, made this day of , 2017 , between CITY OF MIAMI. at 444 S.W. 2nd Avenue 8l^ floor, Miami. Florida, 33130 (Lessee) and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Department), an agency of the State of Florida (State). WITNESSETH: WHEREAS, the Department may convey a leasehold in the name of the State, in any land, buildings, or other property, real or personal, acquired under Section 337.25, Florida Statutes; and WHEREAS, the United States Department of Transportation, Federal Highway Administration (FHWA), requires any use of airspace above, and/or below the highway's established gradeline, lying within the approved right of way limits on a Federal Aid System, to be accomplished pursuant to an airspace agreement in accordance with 23 CFR, Part 710, and WHEREAS, the Department has acquired sufficient legal right, title, and interest in the right of way of Interstate 95 (see Addendum) which includes the property described in Exhibit "A" attached hereto and made a part hereof, which right of way is part of a highway on a Federal Aid System; and WHEREAS, the Department desires to lease to Lessee the airspace above or below the gradeline of the property described in Exhibit "A", attached and made a part hereof for the following purpose: Urban Search and Rescue program training grounds and secured parking WHEREAS, the proposed use will not impair the full use and safety of the highway, require or permit vehicular access to such space directly from the established gradeline of said highway, or interfere with the free flow of traffic on said highway. NOW, THEREFORE, in consideration of the premises made a part hereof, and the covenants, promises, understandings, and agreements made by each party to the other as set forth herein, the Department and the Lessee do hereby mutually agree as follows: 1. Premises The premises hereto are true and correct and form an integral part of this Agreement. 2. Term The Department does hereby lease unto Lessee the airspace above or below gradeline of the property for a period of ten years (10) beginning with the date of this Agreement. One renewal of this Agreement may be made for ten years (10) . However, except for a public purpose conveyance, such renewal may not exceed five years. Nothing herein shall be construed to in any way grant an interest in the property lying below said airspace. 3. Rent a. Lessee shall pay to the Department as rent each ❑ month ❑ quarter ❑ year on or before the first day of each rent payment period, SEE ADDENDUM plus applicable sales tax. When this Agreement is terminated, any unearned rent and sales tax payment shall be refunded to Lessee. However, no such refund shall be made where termination is due 10 Lessee's violation of a term or condition of this Agreement. 575-05C-32 RIGHT OF WAY oGC-0aros Page 2 of 8 b. The Department reserves the right to review and adjust the rental fee biannually and at renewal to reflect market conditions. c. All rental payments are to be made by check or money order, payable to the State of Florida Department of Transportation and delivered on or before the due date to: Florida Department of Transportation. 1000 NW 1 1 11h Avenue, Boom 0105-8, Miami, FL 33172 Attn: Property Management d. Lessee shall be responsible for all state, county, city, and local taxes that may be assessed, including real property taxes and special assessments. In the event that no rent is specified herein, then it has been determined that either the use by Lessee is a nonproprietary use by a governmental agency or an exception from the current fair market rental value requirement (23 U.S.C. Section 156) has been obtained for social, environmental, or economic mitigation (SEE) purposes. In the event that it should be determined at any time that the use is not a nonproprietary use by a governmental agency or that the SEE exception does not apply or has been revoked, Lessee agrees to pay, at that time, rent as determined to be the fair market rental value by an independent appraiser certified by the Department, and Lessee further agrees to pay such rent, under the remaining terms and conditions of this Paragraph 3, for the remaining term (including renewals) of this Agreement. e. Any installment of rent not received within ten (10) days after the due date shall bear interest at the highest rate allowed by law from the due date thereof, per Section 55.03(1), Florida Statutes. This provision shall not obligate the Department to accept late rent payments or provide Lessee a grace period. 4. tJseLOccupancy, and Maintenance a. The Lessee shall be responsible for developing and operating the airspace as set forth herein. b. The Lessee's proposed use of the airspace is as follows: Urban Search and Rescue program training grounds and secured parking c. The general design for the use of the airspace, including any facilities to be constructed, and the maps, plans, and sketches setting out the pertinent features of the use of the airspace in relation to the highway facility are set forth in composite Exhibit "B" attached hereto and by this reference made a part hereof. In addition, said composite Exhibit "B" also contains a three-dimensional description of the space to be used, unless the use is of a surface area beneath an elevated highway structure or adjacent to a highway roadway for recreation, public park, beautification, parking of motor vehicles, public mass transit facilities, or other similar uses, in which case, a metes and bounds description of the surface area, together with appropriate plans or cross sections clearly defining the vertical use limits, may be substituted for said three-dimensional description in said composite Exhibit "B". d. Any change in the authorized use of the airspace or revision in the design or construction of the facility described in Exhibit "B" shall require prior written approval from the appropriate District Secretary of the Department, subject to concurrence by the FHWA. e. The Department, through its duly authorized representatives, employees, and contractors, and any authorized FHWA representative, may enter the facility at any time for the purpose of inspection, maintenance, or reconstruction of the highway and adjacent facilities, when necessary; or for the purpose of surveying, drilling, monitoring well installations, sampling, remediation, and any other action which is reasonable and necessary to conduct an environmental assessment or to abate an environmental hazard. f. Lessee, at Lessee's sole cost and expense, shall maintain the facility to occupy the airspace so as to assure that the structures and the area within the highway right of way boundaries will be kept in good condition, both as to safety and appearance. Such maintenance will be accomplished in a manner so as to cause no unreasonable interference with the highway use. In the event that Lessee fails to so maintain the facility, the Department, through its duly authorized representatives, employees, and contractors, may enter the facility to perform such work, and the cost thereof shall be chargeable to the Lessee and shall be immediately due and payable to the Department upon the performance of such work. g. Portable or temporary advertising signs are prohibited. h. The design, occupancy, and use of the airspace shall not adversely affect the use, safety, appearance, or enjoyment of the highway by smoke, fumes, vapors, odors, droppings, or any other objectionable discharges or emissions, or nuisances of any kind therefrom. 575-060-32 RIGHT OF WAY OGC -08/09 Page 3 of 8 i. When, for the proposed use of the airspace, the highway requires additional highway facilities for the proper operation and maintenance of the highway, such facilities shall be provided by the Lessee without cost to either the Department or the FHWA and subject to both Department and FHWA approval. j. The proposed use shall not cause or allow any changes in the existing drainage on the property under the airspace. k. Lessee shall not occupy, use, permit, or suffer the airspace, the property, the facility, or any part thereof to be occupied or used for any illegal business use or purpose, for the manufacture or storage of flammable, explosive, or hazardous material, or any other hazardous activity, or in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any present or future federal, state, or local laws, orders, directions, ordinances, or regulations. I. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials affecting the property is prohibited. Lessee shall be held responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the Department. Similarly, if any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the airspace under lease, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the Department from any claim, less, damage, cost, charge, or expense arising out of any such contamination. same. m. Existing utilities and all corresponding easements shall remain in place and Lessee shall not disturb or interfere with the 5. Indemnification. (select applicable paragraph) ® Lessee is a Governmental Agency To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Department and al! of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by Lessee, its officers, agents, or employees, during the performance of the Agreement, except that neither Lessee, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by Lessee in the performance of services required under this Agreement, the Department will immediately forward the claim to Lessee. Lessee and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of Lessee in the defense of the claim or to require that Lessee defend the Department in such claim as described in this section. The Department's failure to promptly notify Lessee of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Lessee. The Department and Lessee will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. Note: No longer required for local governments. ❑ Lessee is not a Governmental Agency Lessee shall indemnify, defend, save, and hold harmless the Department, its agents, officers, and employees, from any losses, fines, penalties, costs, damages, claims, demands, suits, and liabilities of any nature, including attorney's fees (including regulatory and appellate fees), arising out of or because of any acts, action, neglect, or omission by Lessee, or due to any accident, happening, or occurrence on the leased property or arising in any manner from the exercise or attempted exercise of Lessee's rights hereunder whether the same regards person or property of any nature whatsoever, regardless of the apportionment of negligence, unless due to the sole negligence of the Department. Lesee's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate, and to associate with the Department in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the Lessors notice of claim for indemnification to Lessee. Lessee's inability to evaluate liability or its evaluation of liability shall not excuse Lessee's duty to defend and indemnify within seven days after such notice by the Department is given by registered mail. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the Department solely negligent shall excuse performance of this provision by Lessee. Lessee shall pay all costs and fees related to this obligation and its enforcement by the Department. The Department's failure to notify Lessee of a claim shall not release Lessee oldie above duty to defend. Note: No longer required for local governments. 6. Insurance. Lessee at its expense, shall maintain at all times during the term of this Agreement, public liability insurance protecting the Department and Lessee against any and all claims for injury and damage to persons and property, and for the loss of life or property occurring in,, on, or about the land arising out of the act, negligence, omission, nonfeasance, or malfeasance of Lessee, its employees, agents, contractors, customers, licensees, and invitees. Such insurance shall be carried in a minimum amount of not less than ($ ) for bodily injury or death to any one person or any number of persons in any one occurrence and not Tess than ($ ) for property damage, or a combined 575-060-32 RIGHT OF WAY OGC O8/09 Page 4 of 8 coverage of not less than ($ ). All such policies shall be issued by companies licensed to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or modified unless the Department is given at least sixty (60) days prior written notice of such cancellation or modification. Lessee shall provide the Department certificates showing such insurance to be in place and showing the Department as additional insured under the policies. If self -insured or under a risk management program, Lessee represents that such minimum coverage for liability will be provided for the property. 7. Termination a, This Agreement may be terminated by either party without cause upon thirty (30 ) days prior written notice to the other party. b. It is understood and agreed to by the Lessee that the Department reserves the right to terminate this Agreement immediately without prior notice, in the event the Lessee violates any of the conditions of this Agreement and such violation is not corrected within a reasonable time after written notice of noncompliance has been given. In the event the Agreement is terminated and the Department deems it necessary to request the removal of the facility on the property, the removal shall be accomplished by the Lessee in a manner prescribed by the Department at no cost to the Department or the FHWA. c. The Lessee must notify the Department of its intention to renew this Agreement not later than thirty (30) days prior to the expiration of the original term. Lessee's failure to comply with the foregoing notice provision may result in the Department's refusal to renew the Agreement. d. Upon termination of this Agreement, Lessee shall deliver the property to the Department, or its agents, in the condition existing at the commencement of this Agreement, normal wear and tear excepted, unless a facility, any improvement, or any part thereof has been constructed on the property. e. if removal of the facility, improvements, or any part thereof is requested by the Department, any such structures shall be removed by the Lessee at Lessee's expense by midnight of the day of termination of this Agreement and the property restored as nearly as practicable. f. This Agreement is terminable by the Department in the event that the facility ceases to be used for its intended purpose or is abandoned. 8. Eminent Domain Lessee acknowledges and agrees that its relationship with the Department under this Agreement is one of landlord and tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this Agreement. Termination of this Agreement for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation for any interest suffered or lost as a result of termination of this Agreement, including any residual interest in the Agreement or any other facts or circumstances arising out of or in connection with this Agreement. Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort, including special damages, severance damages, removal costs, or loss of business profits, resulting from Lessee's loss of occupancy of the property specified in this Agreement, or any such rights, claims, or damages flowing from adjacent properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the property specified in this Agreement. Lessee also hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort as set out above, as a result of Lessee's loss of occupancy of the property, when any or all adjacent properties owned or leased by Lessee are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this Agreement is still in existence on the date of taking or sale or has been terminated prior thereto. 9. Miscellaneous a. The airspace and Lessee's rights under this Agreement shall not be transferred, assigned, or conveyed to another party without the prior written consent of the Department, subject to concurrence by the FHWA. b. In conformance with the Civil Rights Act of 1964 (Title VI, Appendix "C") and 49 CFR Part 21, Lessee agrees as follows: 1. That as a part of the consideration hereof, Lessee does hereby covenant and agree as a covenant running with the land that (1) no person, on the ground of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said property and facility; (2) that in connection with the construction of any improvements on said property and facility and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors; and (3) that the Lessee shall use the property and facility in compliance with all other requirements imposed pursuant to 15 CFR Part 8, Subpart A. 575-05D-32 RIGHT of WAY oGC -D8/®9 Page 5 of 8 2. That in the event of breach of any of the above covenants, the Department shall have the right to terminate this Agreement and to re-enter and repossess said property and the facility thereon, and hold the same as if this Agreement had never been made or issued. c. During the term of this Agreement Lessee shall, at Lessee's own cost and expense, promptly observe and comply with all present or future laws, requirements, orders, directions, ordinances, and regulations of the United States of America, the State of Florida, county or local governments, or other lawful authority whatsoever, affecting the land, property, and facility or appurtenances or any part thereof, and of all insurance policies covering the property, land, and facility, or any part thereof. d. in addition to or in lieu of the terms and conditions contained herein, the provisions of any Addendum of even date herewith which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. In the event of any conflict between the terms and conditions hereof and the provisions of the Addendum(s), the provisions of the Addendum(s) shall control, unless the provisions thereof are prohibited by law. e. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto- Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. Lessee acknowledges that it has reviewed this Agreement, is familiar with its terms, and has had adequate opportunity to review this Agreement with legal counsel of Lessee's choosing. Lessee has entered into this Agreement freely and voluntarily. This Agreement contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and agreements, oral or written, heretofore made between the parties and/or between Lessee and any previous owner of the property and landlord of Lessee are merged in this Agreement, which alone, fully and completely express the agreement between Lessee and the Department with respect to the subject matter hereof. No modification, waiver, or amendment of this Agreement or any of its conditions or provisions shall be binding upon the Department or Lessee unless in writing and signed by both parties. g_ Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone, and telegraph services, or any other utility or service used on the property. h. This Agreement shall be governed by the laws of the State of Florida, and any applicable laws of the United States of America. i. All notices to the Department shall be sent to the address for rent payments and all notices to Lessee shall be sent to the property address provided herein cr otherwise provided in writing to the Department. 575-060-32 RIGHT OF WAY OGC -08/05 Page 6 of 9 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA CITY OF MIAMI DEPARTMENT OF TRANSPORTATION LESSEE (Company Name, it applicable) By: By: District Secretary Name: Name: James Wolfe, P.E. Title: Attest: Attest: (Seal) Nameffitle: Exec. Secretary Name: Legal Review: Title: District Counsel Name: Alicia Trujillo, Esn. 575-060-32 RIGHT OF WAY OGC -09/09 Page 7 of 8 ADDENDUM This is an Addendum to that certain Lease Agreement between City of Miami and the State of Florida Department of Transportation dated the day of 2017 In addition to the provisions contained in said Agreement, the following terms and conditions shall be deemed to be a part thereof pursuant to Paragraph 9 (d) of said Agreement: 1. WHEREAS; the Department has acquired sufficient legal right , title, and interest in the right of way of interstate 95 which includes the property described in Exhibit "A" and "B" attached hereto and made a part hereof, which right of way is part of a highway on a Federal Aid System; 2.Paragraph 3... RENT, is modified to include the following: In Lessor has granted this Lease Agreement at no consideration, for the sole public purpose use stated in Section 3 herein. If Lessee's use of the property becomes a commercial -like venture producing income and profit, Lessee shall be required to pay fair market value rent to Lessor, and the parties agree that the Lease Agreement shall be modified accordingly. In the event the Lessee wishes to continue to use the property beyond the expiration date of this Agreement, Lessee shall provide to Lessor written notice 120 days in advance of the expiration date of this Agreement of its desire to enter a new Lease Agreement. Use of the property after expiration date of this Agreement is subject to review and approval of the Lessor and may be subject to new terms and conditions. 3. Paragraph 4_._ USE, OCCUPANCY AND MAINTENANCE, is modified to include the following: Lessee will be required to monitor and control access to parcel through the use of secured fencing to prevent unauthorized dumping and parking of unauthorized vehicles. In addition, Lessee will be responsible for cleaning up all current debris and restoring parcel to pre -use or better condition before handover inspection. Clean up and restoration will be at the Lessee's sole cost and expense. Lessor will review all plans for fencing, fencing improvement will be granted pending approval from the Lessor. Should the improvement be approved then the new fencing should follow the perimeter of the Leased area. The installation, removal and repair of the fence will be at the Lessee's sole cost and expense. In addition, Lessee will be responsible for all fence maintenance and upkeep at its own expense. Any and all future improvements to the property must be approved in writing by the Lessor prior to construction or installation of such improvements, which shall be at the sole expense of Lessee. In the event that Lessee constructs or installs any improvements on the property not previously authorized by Lessor, Lessee shall remove the same at its sole cost and expense within 30 days of receipt of notice from Lessor. Additionally, Lessee shall be responsible to restore the area to a same or similar condition as existed prior to the construction or installation of unauthorized improvements, at its sole cost and expense_ It is understood and agreed that Lessee shall not be authorized to install or construct any improvements, permanent or otherwise, that conflict with Lessor's primary drainage/retention use and/or any future or proposed improvements required by Lessor for any transportation related use. In the event that, as a result of a transportation project, Lessor requires the removal of previously approved improvements on the leased parcels, Lessee shall remove same at its sole cost and expense. Lessee agrees to be responsible for the maintenance, operation, and upkeep of any improvements and personal property. Lessor requires access to the Leased Parcel at all times, Leesee shall cooperate with Lessor to provide access. Lessee shall protect all existing Department's assets while operating inside FDOT right-of-way, including all structures components such as columns, footers, piles, bents, inlets, and in no way shall alter, use, or connect to these assets. Lessee shall follow all Department's standards when performing pre -approved work while inside FOOT right-of-way. In addition to the terms of sub -section (I) the following apply: .Under no conditions can fuel tanks be stored on site. •Lessee will be responsible for cleaning up (immediately) any waste oil spills resulting from car/trucks/equipment being stored in parking lot, at Lessee's sole cost and expense. 4. Paragraph 6... INSURANCE, I modified to include the following: Lessee maintains a self -insured program for general liability, automobile liability and worker's compensation and is subject to the provisions set forth in Section 768.28 of the Florida Statutes. SIGNATURE PAGE BELOW STATE OF FLORIDA CITY OF MIAMI DEPARTMENT OF TRANSPORTATION LESSEE (Company Name, if applicable) By: By: District Secretary Name: Name: James Wolfe, P.E. 575 060-32 RIGHT OF WAY OGC -08)06 Page 8 of 8 Title: Attest: Exec, Secretary Attest: (Seal) Name/Title: Name: Legal Review: Title: District Counsel Name: Alicia Trujillo, Esq. EXHIBIT "A" SPECIFIC PURPOSE SURVEY FOR RIGHT OF. WAY LEASE AGREEMENT pH sr NW 73RD 5 I NW D sT NW r PARCE I. RWMS 383I I1ST NW 74TH ST AW71T0ST NW 72ND TE r r y LP t S S = = Q h H7 f lR s 1 r i NN69TH ST 0 ir (VICINITY MAP) N. T. S. GENERAL NOTES' - REPRODUCTIONS OF THIS MAP ARE NOT vAL I D WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF.THE FLORIDA LICENSED SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE. - LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THIS OFFICE FOR RIGHTS -OF -WAY, EASEMENTS OF RECORD, OWNERSHIP, ABANDONMENTS. DEED RESTRICTIONS, OR MlRPHY ACT DEEDS. -THIS INFORMATION SHOULD BE OBTAINED THROUGH APPROPRIATE VERIFICATION. - THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTH LINE OF SECTION 12, TOWNSHIP 53 SOUTH, RANGE 41 EAST, HAV I NG A BEARING OF S 88°58'59" E. AND THE DATA USED IN THE CALCULATION AND PREPARATION OF THE LEGAL DESCRIPTION ARE ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAPS FOR STATE ROAD 9A 11-95) SECTION 87270-2491, SHEET 7 OF 16, LAST REVISED 8/02/91. - ADDITIONS AND/OR DELETIONS TO SURVEY MAPS, SKETCHES OR REPORTS BY ANY PARTY OTHER THAN THE SIGNING PARTY ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY. FLORIDA DEPARTMENT OF TRANSPORTATION SPECIFIC PURPOSE SURVEY - NOT A FIELD SURVEY STATE ROAD NO. 9A 1I.95} PARCEL NO. 3831 MIAMI -DADE COUNTY BY DArE PREPARED Br MDT DISTRICT VI DATA SOURCE! 1 DRAM 0.0EHIS 6/I8/00 F.P. ID. 4149641 SECTION 9727O-249r SHEET r OF 3 REYiSIOW Ir]i.,.,Ar rllnnnor 9Y .1.-.. DATE _,,MEEKED Df°77f r-trio Q.f.D.7') Bt1% 1. AAA 8„910i a EXHIBIT „A„ SKETCH TO ACCOMPANY LEGAL DESCRIPTION 1. ANNA FLORENCE SUBDIVISION 13 12 W Ow• l A$ ws m ns a m N xf eM c.r r r •� A388�•r8.5a- 55 y �. POix7 3.05.E CEf<ENT, 1 E9.86' ��RST N GO•35`OS' E-' / 33.00• 18 34..k 77 rv' rrn VIST. EAST L/A R/T! IN A.B. 18 PG. 48 4 5 6 7 - LINE , l+�w Stn .L AV Pt. tP1�G1R •NW St ERRACE IPitr• ATT �1 N 00•34'S3 , E 29r_.4e' -- a-r >fEST iwE3°i��lhlttw --• -s--` •34-I 1 t 41 • t ' - 1 j 17 -95 G.e. . 4.5.77 441- E .a. N 44•6l•SO.JW t+e . ' f�ARCELJ a 255 N a e+1 a RWipIS 38 I g_51 ' 5 1 6 1 7 [ 1 �_ N Oit° 15'6 "1 E' SURVEY_ ( NORTHBOUND -- - i ±- --OST. EAST L/A lWf�''IN 4c" SEE .DETAIL 61:R Qw cJJa"'tS�.ce_m%� r14° rrt 1 • 55.a8• RT 2 6 3% 10•.aB �� iTr LINE 9 ' itooSth CT. 'P�""OSTED£x't5Tk. Ga•Ra6•as' E�` G kW Sth AVE. (PLATTED 1'. DUE Y'S SUBDIVISION P.a. 1I, PG. 34 PARCEL RWMS 3831 ' fer.W."- 7.1r 7 C.D. • S 01 50'72- 2 C$•12.13- >t A. 00.111.36' L . 48. T?' .1445 61' C.1309'02- DETAIL (NOI TO SCALE) ea 3Ni1 !NH 'lSIx3 N 01.°09'28" W 0 cn. CO d ta▪ i LEGEND' m 4 - Basellnu. x [ - Centerline. C.9.- Chord bearing. R/W - Right of Roy. L /A - Llmrted Access. POT Point on Tangent. IC) - Calculated. 0 50 100 200 300 PARCEL NO. 8 00 OWNER'S NAltir€ FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL AREA 1.4TT ACRE S0016i 1 " . 100' REMAINDER L.00M NTS H UNDETERMINED FLORIDA DEPARTh£NT OF TRANSPORTATION SPECIFIC PURPOSE SURVEY - NOT A FIELD SURVEY STATE ROAD NO. 9A II-951 PARCEL NO. 3831 MIAMI -DADE COUNTY 9Y oAYE PREPARED BY. FDOT DISTRICT vl 01,11 SOURCE. DRAM D.OENIS 8/18/09 REY'SFI$ ar DATE GNECYfn &JS.ELL IRWMAPIRWPS02.dgr1 8/27/2008 1 0:05:43 AM 8119 /08 F.P. ID. 4t49641 SECTION 8T270-2491 SHEET 2 OF 3 EXHIBIT "A" LEGAL DESCRIPTION Being a portion of Lots 1, 3. 4, 5. and 6. Block 2, according to the Prot of DUEY'S SUBDIVISION, as recorded In Plat Book ii, Page 34, AND all of Lots 1 through 7, Inclusive, Brock 1, according to the Plot of ANNA FLORENCE SUBDIVISION, os recorded in Piot.Book 18, Poge 48. AND a portion of the right-of-w0y. of NW 5th Piece, as posted (NW 5th Terroce, as plotted) lying In the southwest one -quarter (SW 1/4) of Section i2, Township 53 South. Range 41 East, oil being In and referenced to the public records of Mom -Dose County, Florida, and being more porticutorly described 08 follows: Commence of the point of Intersection of the centerline of NW T1st 5t., os posted (Dupont Rood, os platted) and the centerline of NW 5th Court, os posted (NW 5th Ave., 0s plotted) according to the aforesaid Plot of DUEY'S SUBDIVISION, sold point being 5 88°58'59' E a distance of 1164.46 feet from the southwest corner of said Section 121 thence N 00°36'03' E, prong the said centerline of NW 5th Court, as pOsted (NW 5th Ave., as plotted), a distance of 35.00 feet to the Intersection with the easterly prolongation of the north right-of-way line of soid NW Trst St., as posted (Dupont Road, 05 platted), thence N 88°58'59" W. along lastly said line, o distance of 135.79 feet to the POINT OF BEGINNING Of the following described parcels Thence continue N 88°58'59" W. along sold north right-of-way line of NW 7lst St,, as posted (Dupont Road, as plotted) and the westerly prole:notlon thereof, o distance of 156.32 feet to the beginning of © curve concave to the northeast having a radius of 25.00 feet' thence northwesterly, northerly and northeasterly along the arc of sold curve o distance of 39.08 feet, through o central angles of 89034'18" to a line 35.00 feet east of. os measured of right angles. and perci rel with the west right-of-way line of NW 5th Pioce, as posted (NW 5th Terrace, as platted); thence N 00°34'53" E, along lastly said line, o distance of 297.48 feet to the beginning of o curve concave to the southwest hoving o radius of 25,00 feet, thence northeasterly, easterly, and southeasterly along the arc of sold curve a distance of 39.31 feet, through o central angle of 90°05'41" to thewesterly prolongation of the south right-of-way line Of Nw 72st 5t., as posted (NW list Court, os platted}s thence S 89°19'26" E. oinng lastly sold line, a distance of I65.17 feet to the intersection with o non -tangent curve, concave to the northwest having a radius of 14,436.14 feet, the chord of which bears S 01°09'02" W1 thence southwesterly along the arc of sold curve a dlstonce of 48.72 feet through a centres! angle of 0°11'36 " to the Intersection with the north line of Lot 5. Block 2, according to the oforedescrlbed Plat of DUEY'S SUBDIVISI0N1 thence N 88°12'13" w, along said north line, o distance of 2.00 feet to the .Intersection with o non-tgent curve, concave to the northwest hovinq a radius of 14.436.14 feet, the chord of which bears 5 01+*50 *32e W1 thence southwesterly alone the arc of sold curve o distance of 299.80 feet through a central angle of 01°11'24" to the POINT OF BEGINNING. Containing r.477 acres, more or less. 6010 Aililige his (nstrureent prepared byt !chard W. Busse! l', P.S.M. Assistant District Fight -of -Way Surveyor Florida Certificate No. 3858 FLORIDA DEPARTMENT OF TRANSPORTATION SPECIFIC PURPOSE SURVEY - NOT A FIELD SURVEY STATE ROAD NO. 9A I I -95) PARCEL NO. 3831 MIAMI -DADE COUNTY ST CATE RREPARED 2Yi FOOT DISTRICT VI OITL SOLACE, DRAW D.DEW S 6/1 6/4S REVISION sY ❑ATE CHECR O Bu55ELy ®/19/D6 P.P. 10. 4I4964I IRWMAP\RWPS03.dgr 8127/2008 10:08`52 AM SECTION 87270.249r SHEET 3 OF 3 EXHIBIT "B" LEGAL DESCRIPTION MAL D P POE 1 Plot paw Of (h West 1/f of the Southeosi•,1/4 of the Southwest 1/4 of the 56tithweet 1/4 of.Sectfon 12, Tow 53 WIT, Rage 41 ><ost, 1110171170ede Covey, flolio, oad o partial of Lot 1, of Block ,3 In Cuey'e St bdJ ion, b404) a Subdivision 1n -the S rthrrest 1/4 of sold Seotran 12, accordkrg to the Plot thereof monied P'af Book 11, Pugs 34, of the Public. Records of Morsel -Code Ccurty 'orftlo, descr od os,odor Begs kig a! o pont on the North Right -of -Way Ike of NA, 72.1d Sireet, sold. point Virg 27,85 feet East of the Sauthvest +re of Lot 1 of B 3 ih Duels Subaiv ion, be6ig o Subdivision fr tha Southwest 1/4 of sold Section 1Z as recorded.;n Plot Book 11, Page 34 of the Pubic Records of 6fkartd-Dude liourrfy, fiorldo; thence North 89 J'24" 'i4sf, ,fl 6B feet oiong sofd North Right -of -day thence North 001069' Fast 150.43 feat Viopg the West Lintted Accuse ROIL -of -Way Ile of I-9S per f O,0It Right-o-1k Up, Section 67270-241, WP,I, No, 5141775, .pith a telfsed dote of 08/02/f991, to the South Right-of-W y Ire of the PaloPost Ccasi Bodo) thence South 8920'O$" Fast, 210.17 feet gong said South Right -of Way tlrr ; thence South 00'2.2'21" lkst, 150,41 1 at trlo9 said tfrm!ed Ace Pghl-of-I ay toe to the Pokrt of 640g, Containing 31,652 square feet, more or less. Florida Department of Transportation, District VI Item/Seg No.: 2515431 Sec/Job No: 8727C-2491 FAP No: I.95-1(419)5 SR No: 1-95 County: Miami Dade Parcel No: 4236 Sheet 1 of 2 PMf 1 5 (Rota 49) AT slav r:tiL� 775.67' (5,0 -1`� (so } i I 2 1• ai . F3' I. O K 3 a� h-, • a. E T S $ Lp B N, . . P.E. 14-34' Z8 ssr tit ettaiaS Ar araatm ' I sear (321 1 SET M. Seats AT rxramr . EXHIBIT "B" SKETCH OF LEGAL DESCRIPTION �`-jk/tffl roc- ar AEE SE l/f iNC.N. V4 SW I/4 SEC 12-.F.311 .__5_1121 --- 11':itt'l'�� �.•I.+■y! W�_i_'!'-Wr�«W_1 SE-A2- 111i1fiilillf Illfllil�lt1/ !/1 i'itlii1ll/3111/1141flft!llll11' it#ilil i[1111 x7 tl. KO= AT tOINgit rxrz' ari =2 der .0SESSER PARCEL .1 az coo=s tar f, &LOdc A rX21057 r.a Ir. PG 54 Iwo IN AT cowl mere. (afarar.9- stt N * 1.Vaal AT Xfaea 970'24 at fr.' • imam.) al, ere 14 fp LOT T 7 Florida Department of Transportation, District VI Item/Seg No.: 2515431 Sec/Job No: 87270-2491 FAR No: I-95-1(419)5 SR No: 1-95 County: Miami Dade Parcel No: 4236 Sheet 2 of 2 ZTP it (ice) • Pia rpm ;Ai (tar k i ¥ NE COVE? Or BLOCK 2 T C 1p, pa,3i ty L-4a30. 8 . R-14435.14' I4.A^IM• V�" gym ta• PMR)IS fA:ia .Art