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HomeMy WebLinkAboutExhibitNo. DACW17-2-18-0001 DEPARTMENT OF THE ARMY EASEMENT FOR PUBLIC ROAD OR STREET LOCATED ON MIAMI BAYFRONT PARK, MIAMI HARBOR PROJECT (Project, Installation) MIAMI-DADE COUNTY, FLORIDA County, State THE SECRETARY OF THE ARMY, under and by virtue of the authority vested in the Secretary by Title 10, United States Code, Section 2668, having found that the granting of this easement will not be against the public interest, hereby grants to the CITY OF MIAMI, hereinafter referred to as the Grantee, an easement for a road or street, running with the land, for pedestrian and/or vehicular access, including the right to install, maintain, repair and replace underground utility (including water and/or sewer) and drainage facilities (as well as above ground appurtenances reasonably required for such utility and drainage facilities, such as surface mounted fire hydrants and grates), hereinafter referred to as the facilities, aver, across, in and upon lands of the United States as identified in Exhibit "A — Real Estate Miami Harbor Project Map" and Exhibit "B — Sketch and Legal Description", attached hereto and made a part hereof, hereinafter referred to as the premises. THIS EASEMENT is granted subject to the following conditions. 1. TERM This easement is granted in perpetuity, including in the event of a sale or conveyance of property. 2. CONSIDERATION The consideration for this easement shall be the construction, operation, and maintenance of a public road and/or utility/drainage facilities for the benefit of the United States and the general public in accordance with the terms and conditions hereinafter set forth. 3. NOTICES All correspondence and notices to be given pursuant to this easement shall be addressed, if to the Grantee, to the City of Miami in c/o: Director, Department of Real Estate and Asset Management, whose mailing address is 444 S.W. 2nd Avenue, 3fd Floor, Miami. Florida 33130, and, if to the United States, to the District Engineer, Attention: Chief, Real Estate Division, Post Office Box 4970, Jacksonville, Florida 32232-0019, or as may from time to No. DACW17-2-18.0001 Miami Harbor Project time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary", "District Engineer", or "said officer" shall include their duly authorized representatives. Any reference to "Grantee" shall include assignees, transferees, lessees, employees, contractors, licensees, agents, invitees, and their duly authorized representatives. 6. SUPERVISION BY THE DISTRICT ENGINEER The construction, operation, maintenance, repair or replacement of said facilities, including culverts and other drainage facilities, shall be performed at no cost or expense to the United States and be subject to the approval of the District Engineer, Jacksonville District, hereinafter referred to as said officer. Upon the completion of any of the above activities, the Grantee shall immediately restore the premises to the satisfaction of said officer. The use and occupation of the premises for the purposes herein granted shall be subject to such reasonable rules and regulations as said officer prescribes in writing from time to time. 6. APPLICABLE LAWS AND REGULATIONS The Grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located. 7. CONDITION OF PREMISES The Grantee acknowledges that it has inspected the premises, knows the condition, and understands that the same is granted without any representation or warranties whatsoever and without any obligation on the part of the United States. B. INSPECTION AND REPAIRS The Grantee shall inspect the facilities at reasonable intervals and immediately repair any defects found by such inspection or when required by said officer to repair any such defects. 9. PROTECTION OF GOVERNMENT PROPERTY The Grantee shall be responsible for any damage that may be caused to the property of the United States by the activities of the Grantee under this easement and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted shall be promptly repaired or 7 No. DACW17-2-18-0001 Miami Harbor Project replaced by the Grantee to a condition reasonably satisfactory to said officer, or at the election of said officer, reimbursement made therefor by the Grantee in an amount necessary to restore or replace the property to a condition reasonably satisfactory to said officer. 10. RIGHT TO ENTER The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with government purposes, to make inspections, and/or to make any other use of the lands as may be necessary in connection with government purposes, and the Grantee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof against the United States or any officer, agent, or employee thereof. 11. RIGHT TO CONNECT The United States reserves the right to make such connections between the road or street herein authorized and roads and streets on other government lands as said officer may from time consider necessary, and also reserves to itself rights -of -way for all purposes across, over or under the right-of-way hereby granted; provided that such rights shall be used in a manner that will not create unnecessary interference with the use and enjoyment by the Grantee of the right-of-way herein granted. 12. OTHER AGENCY AGREEMENTS It is understood that the provisions of the conditions on SUPERVISION BY THE DISTRICT ENGINEER and RIGHT TO ENTER above shall not abrogate or interfere with any agreements or commitments made or entered into between the Grantee and any other agency of the United States with regard to financial aid to the Grantee in connection with the construction, maintenance, or repair of the facilities herein authorized. 13. TERMINATION This easement may be terminated by the Secretary upon 90 days written notice to the Grantee if the Secretary shall determine that the right-of-way hereby granted interferes with the use or disposal of said land by the United States, or it may be revoked by the Secretary for failure of the Grantee to comply with any or all of the conditions of this easement, or for non-use for a period of two (2) years, or for abandonment unless such termination operates to eliminate or diminish pedestrian or vehicular access, ingress and/or egress to the adjacent property owned by the Grantee. 14. SOIL AND WATER CONSERVATION The Grantee shall maintain, in a manner reasonably satisfactory to said officer, all soil and water conservation structures that may be in existence upon said premises at the beginning of or that may be constructed by the Grantee during the term of this easement, and the No. DACW17-2-18-0001 Miami Harbor Project Grantee shall take appropriate measures to prevent or control soil erosion within the right-of- way herein granted. Any soil erosion occurring outside the premises resulting from the activities of the Grantee shall be corrected by the Grantee as directed by said officer. 15. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties hereto shall protect the premises against pollution of its air, ground and water. The Grantee shall promptly comply with any laws, regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is strictly prohibited. Such regulations, conditions, or instructions in effect or prescribed by the said Environmental Protection Agency or any Federal, state, interstate or local governmental agency are hereby made a condition of this easement. The Grantee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The use of any pesticides or herbicides within the premises shall be in conformance with all applicable Federal, state, interstate, and local laws and regulations. The Grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. c. The Grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from the Grantee's activities, the Grantee shall be liable to restore the damage resources. 16. PRELIMINARY ASSESSMENT SCREENING A Preliminary Assessment Screening (PAS) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon, is attached hereto and made a part hereof as Exhibit "C.'" Upon revocation or termination of this easement, another PAS shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the said officer in determining any environmental restoration requirements. Any such requirements will be completed by the Grantee in accordance with the condition on RESTORATION. 17. HISTORIC PRESERVATION The Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the Grantee shall immediately notify said officer and protect the site and material from further disturbance until said officer gives clearance to proceed. 4 No. DACW17-2-18-0001 Miami Harbor Project 18. NON-DISCRIMINATION a The Grantee shall not discriminate against any person or persons because of race, color, age, sex, handicap, national origin, or religion. b. The Grantee, by acceptance of this easement, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C. § 2000d); the Age Discrimination Act of 1975 (42 U.S.C. § 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300) issued as Department of Defense Directive 5500.11 and 1020.1, and Army Regulation 600-7, This assurance shall be binding on the Grantee, its agents, successors, transferees, and assignees. 19. RESTORATION On or before the termination or revocation of this easement, the Grantee shall, without. expense to the United States, and within such time as said officer may indicate, restore the premises to the reasonable satisfaction of said officer. In the event the Grantee shall fail to restore the premises, at the option of said officer, said improvements shall either become the property of the United States without compensation therefore, or said officer shall have the option to perform the restoration at the expense of the Grantee, and the Grantee shall have no claim for damages against the United States or its officers or agents for such action. 20. DISCLAIMER This instrument is effective only insofar as the rights of the United States in the premises are concerned; and the Grantee shall obtain such permission as may be required on account of any other existing rights. It is understood that the granting of this easement does not eliminate the necessity of obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. § 403), Section 404 of the Clean Water Act (33 U.S.C. § 1344) or any other permit or license which may be required by Federal, state, interstate or local laws in connection with the use of the premises. 21. EXECUTIVE ORDER 13706 This easement is not subject to Executive Order 13707, the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the Executive Order. No. DACW17-2-18-0001 Miami Harbor Project 22. EXECUTIVE ORDER 13658 This easement is not subject to Executive Order 13658, Establishing a Minimum Wage for Contractors, or the implementing regulations issued by the Secretary of Labor in 29 C.F.R. Part 13. THIS EASEMENT is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army, this day of , 2017. Witnesses: Derrick D. Moton Sign: Real Estate Contracting Officer Acting Chief; Real Estate Division Print: ,Jacksonville District Sign: Print: STATE OF FLORIDA COUNTY OF DUVAL ) SS.: } The foregoing instrument was acknowledged before me this day of 2017, by Derrick D. Motan, as Acting Chief, Real Estate Division, Real Estate Contracting Officer, U.S. Army Corps of Engineers, ,Jacksonville District, in the capacity aforestated; such person is personally known to me. Sign Name: Print Name: Notary Public My Commission Expires Serial No. (None if blank): [NOTARIAL SEAL] 6 No. DACW17-2-18-0001 Miami Harbor Project IN WITNESS WHEREOF, the City of Miami, by its City Manager, or his designee, has caused the easement to be accepted and delivered on this day of 2017. Witnesses: Sign: Print: Sign: Print: CITY OF MIAMI, a municipal corporation of the State of Florida By: Print Name: Title: City Manager APPROVED AS TO LEGAL FORM ATTEST: AND CORRECTNESS: By: Print Name: Title: Y By: Print Name: Title: City Clerk C-r✓l f ° 'vr I ." Print Name: ; r2q:7:'(- Title: Director, Risk Management STATE OF FLORIDA COUNTY OF MIAMI-DADE } SS.: The foregoing instrument was acknowledged before me this day of 2017, by , the City Manager, and , the City Clerk, of the City of Miami, a Florida municipal corporation, in the capacity aforestated; each such person is personally known to me. Sign Name: Print Name: Notary Public My Commission Expires Serial No. (None if blank): [NOTARIAL SEAL] CITY OF MIAMI-FEPT OF P&n 0101000000520 cr• CIT ;;OF MIAMI-DE;J'f�.IF P&D 010100 520• Akt oposed This map is a graphic reptesentat{on of, legal descripl:on. not a boundary survey: - eend P— i J Propamil I: aremam {cane; 3a{ Federal prapany {FEE) parcel Gnat (Mama Dane Parcae 2016{ Dtpnrlment of Mt ..trail Slone Ail: mill: lifrision Imo! 3aekmnvllle lfislrirt, Corps nt Engineers REAL ESTATE MIAMI HARBOR PROJECT Miami Bayfrant Park Miami -Dade County, FL Mapper: B. Price Reviewer. .i, Yearwood Map Date: 3f112014 1:1,200 0 a0 9r 120 coat Document Name: Royf'ranl?ork Preliminary Draft Federnl Inlereo Map Imagery Main Frame- ESRI Baoemep Location Map- ESRI World Street Map Document Path: G:4RealEetateSFedlnleresllmapM adSBayfrontPark.mod SKETCH TO ACCOMPANY LEGAL DESCRIPTION OF A PARCEL AT SKYRISE MI MJ NORTHEAST CORNER OF BLOCK 61 NORTH, "A.L. KNOWLTON MAP OF MIAMI (P.B. B. PO. 41) ?ORT BOULEVARD M.P. ten. al i+n7 c.111sGE o.�ttt M Thttol PAW '11,1au PSn4tL• f t3C Mitt.IR11 San', ❑ta.. .c. 1151 4*IH ,ant x re.rnn. ,,ta• CI I RC ti m.,P ssn-1Yl u6'' wca wa atlanratr M=.• +47 3 F.,CS' t P.O.B. , PARCEL 3 .11.' Chap 'S! " Fr. LEGEND: P.O.C. F.O.B. P.D.T. DENOTES RIWI%T OF WAY LINE DENOTES CENTER LINE DL"NOTES PROPERTY LINE DENOTES POINT OE C0JJMENCE.VENT DENOTES POINT OF BEGINNING DENOTES POINT OF TERMINUS R D A D.R.B. P.P. PG DENOTES RADIUS DENOTES DELTA 01? CENTRAL ANGLE DENOTES ARC DISTANCE DENOTES OFFICIAL RECORDS BOOK DENOTES PLAT pOOk DENOTES PAC.' .r, pia SISYRISE MUM LEASE PARCEL/ SHEET 7 OF SHEETS �JZGlTEII — '3f2L4f2U2 LAND SURVEYORS —ENGINEERS --LAND PLANNERS PHONE NO.(954)435-7010 OZER NO. 202734-8 D.17E. 05/07/2014 THIS 1S NOT A 'BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. LD-87 G...i' . s.4 j / 2c. 3240. CORPORATE WAY—MIRA',MAR, FL 33025 PRCPAPE) •UNAy%grMY SiJPfi'?WSit7N: iAARK S TLl EN JOHNSON, PRINCIPAL FLORIDA PROFESSIONAL 'LAND SURVEYOR No. 2757 K \325442\SCYR!5C AA/r\SLIRIV Y\D 1/G\SKETCH AND LECALS PARCEL 3A.dwg REVISIONS ArQRIVEY'S coMl4ENrs 08/11/14 - #20296( SOUTHERLY BOUNDARY 01/14/15 - I20433b SKETCH TO A CCOMPLEGAL DESCRIPTION A PARCEL AT SKYRISE MI - —__ 184, 07 p'4L N89'58' 18"E \L P.O.C. \ NORTH EAST CORNER OF 1.n BLOCK 61 NORTH, "A.L. \`,�c3` KNOWLTON MAP OF 'v- '''-7 MAMF" (P.B. B, PG. 41) N3°.: cA \, s---d 1 2 57'37"E LAND SURVEYORS —ENGINEERS —LAND PLANNERS PHONC Nn.(954)435-7010 ORDER No. 202734—B DATE_ 05/07/2014 THIS IS NOT A BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No, LB-87 PORT BOULEVARD (0.R.B. 681 1 , PG. 240) GARAGE PARCEL 1104 SHEET 2 OF 5 SHEETS 3240 CORPORATE WAY—M1RA 1AR, FL 33025 X W6- .(954).438-1288 - PREPARED UND Y 'SUPERVISION - MARK 'EVEN •JOLV. L+JeVPAL FLORIDA PROFESSIONAL LI,4'D SURVEYOR No. 2767 REVISIONS ATTORNEY'S COMMENTS 08/11/14 — #202950 SOUTHERLY BOUNDARY 01/14/16 #204885 K;\375442\SKYRISE MIAM?'\SLRVEY`CV \SKETCH AND LEGALS PARCEL 5A.dwg ' SKETCII TO ACCOMPANY LEGAL DESCRIPTION OF A PARCEL AT SKYRISE ML4 I 1.51 c ;'' LQ -57,78 S16'51'29"E tj 0 ram"" r 338.56 S16'51 '29"E 140.96 S89'51 '49"E GARAGE PARCEL - — -Ft------ - BAYFRONT PARK "RETAIL PARCE_" (0 R.B. 12684, PG. 157) SHEET 3 OF 5 SHEETS £AND SURVEYORS-ENCIWEERS-LAND PLANNERS PHONE No.(954)435-7010 ORDER NO. 202734-6 DATE. o5/D7/2014 T1-11S IS NOT A ''BOUNDARY SURVEY" CERTIFICATE Or AUTHORIZATION No. L8-87 - 3210 CORPORATE WAY-MtRA1viAR, FL 33025 AX No (954)438--328S. PREPARED UN. ; .MY SUPERVISION: MARK STEVEN JON,1 1!JPAL FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767 REVISIONS ATTORNEY'S COMMENTS 08/11/14 - 1202960 SOUTHERLY BOUNDARY 01/14/16 — #204886• K.\375442\SK!RISE ML M!\SURVEY\OWLASKFTCH AND LEGALS PARCEL 3A.dwg SKETCH TO ACCOMPANY LEGAL DESCRIPTION OF A. PARCEL AT SKYRISE MIAMI "RETAIL PARCEL" (O.R.B. 12584, PG. 157) NORTH LINE OF "BAYWALK AREA." CLERK'S TILE# 85R-231 1 26 WEST LINE OF "BAYW'ALK AREA" 49.24 CLERK'S FILE# 85R-231 126 S85�27 43 IV ', Sg 40`2 s°';s,, PAPCLL 3A ` P.O.B. 'a_ v.. 500 <13 r f . :- S R=62.00 D=78'28'18' NS A-84.91 O q "BAYWALK iAREA" CLERK'S °- `� FILE#�;85R--231 126 r / 0 cO. SURVEYOR'S NOTES: NOTES: BEARINGS AS SHOWN HEREON REFER TO AN ASSUMED BEARING OF N89'58'18"E, ALONG THE SOUTH RIGHT OF WAY LINE OF PORT BOULEVARD, AS SHOWN ON THE HEREIN REFERENCED PLAT OF "Al. KNCWLTON MAP OF NIAM!", AS RECORDED IN PLAT BOOK "B" AT PAGE 41, PREPARED FOR: SKYRISE MIAMI LLC LEGAL DESCRIPTION AS SHOWN HEREON WAS PREPARED BY THIS FIRM. AUTHENTIC COPIES OF THIS SKETCH AND LEGAL OESCRIPT!GN MUST BEAR THE ORIGINAL__R.AI ED SEAL OF THE ATTESTING FLORIDA LICENSED SURVEYOR AND MAPPER: s Lail SHEET 4 OF 5 SHEETS LAND SURVEYORS -ENGINEERS -LAND PLANNERS - CORPORATE WAY-MIRAMAR, FL 33D25 PHONE No.(954)435-7010 / FA No. (954)438-32BU GRDEk NO 202734—B PREPARED Lf!rD.c' MY SUPERVISION: DATE: 05/07/2014 4 / •r f TN15 I5 NOT A A "BOUNDARY SURVEY" �'NTARK STEV f EF{T ,i1dSC�r`�F'%7i C1nAd CERDTICATE OF AUTHORIZATION No. LR--87 FLI'RJDA PROFESSIONAL LANO SURVEYOR No. 2767 REVISIONS ATtORNEY'S COMMENTS 08/11/14 — 1202960 SOUTHERLY BOUNDARY 01/14/16 - 1204886 K:\375442\SKYRISL WiA li\SURVEY\OV/C\S' ETC!i AND LEGALS PARCEL .i.A.dwg LEGAL _DESCRIPTION TO ACCOMPANY SKETCH O A PARCEL AT SKYRISE MIAMI LEGAL_ DESCRIPTION: COMMENCE AT THE NORTHEAST CORNER OF BLOCK 61 NORTH OF THE PLAT OF A_L. KNOWLTON MAP OF MIAMI, AS RECORDED IN PLAT BOOK "A" AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 58 MINUTES 18 SECONDS EAST ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID BLOCK 61 NORTH OF SAID PLAT OF A.L. KNOWLTON MAP OF NAIAMI FOR A DISTANCE OF 184.07 FEET; THENCE SOUTH 24 DEGREES 26 MINUTES 20 SECONDS :EAST FOR A DISTANCE OF 254.19 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF PORT BOULEVARD AS RECORDED IN OFFICIAL RECORDS BOOK 6811 AT PAGE 240 OF THE PUBLIC RECORDS OF MIAMI--DARE COUNTY, FLORIDA; THENCE SOUTH 12 DEGREES 57 MINUTES 37 SECONDS FAST FOR. A. DISTANCE OF 7.35 FEET TO A POINT OF INTERSECTION WITH A LINE 210.00 FEET EASTERLY OF AND PARALLEL WITH THE CITY OF MIAMI MONUMENT LINE OE BISCAYNE BOULEVARD; THENCE SOUTH 16 DEGREES 51 MINUTES 29 SECONDS EAST ALONG SAID LINE 210.00 FEET EASTERLY OF AND PARALLEL WITH SAID CITY OF MIAMI MONUMENT LINE FOR A DISTANCE OF 396 34 FEET; THENCE CONTINUE ALONG A LINE 210.00 FEET EASTERLY OF AND PARALLEL WITH THE SAID CITY OF MIAMI MONUMENT LINE, SOUTH 09 DEGREES 33 MINUTES 21 SECONDS EAST FOR A DISTANCE OF 139.74 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 49 EAST FOR A DISTANCE OF 140.96 FEET; THENCE RUN SOUTH 56 DEGREES 58 MINUTES 03 SECONDS EAST FOR A DISTANCE OF 604.49 FEET; THENCE SOUTH 65 DEGREES 50 MINUTES 46 SECONDS EAST FOR A DISTANCE OF 470.52 FEET, MORE OR LESS, TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE "BAYWALK AREA" AS DESCRIBED IN WARRANTY DEED DATED JULY 14, 1985, AND FILED JULY 31, 1985 UNDER CLERK'S FILE No. 85R-231126 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE NORTH 27 DEGREES 13 MINUTES 14 SECONDS EAST ALONG THE WEST LINE OF SAID "BAYWALK AREA'S FOR A DISTANCE OF 148.23 FEET; TO A POINT DESIGNATED PL-14 IN SAID WARRANTY DEED; SAID POINT BEARS SOUTH 57 DEGREES 1 o MINUTES 29 SECONDS WEST AND IS 77.25 FEET DISTANCE FROM A U.S. ARMY CORP OF ENGINEERS STATION BFP-1; SAID STATION BEING A CHISELED "X" IN A CONCRETE BULKHEAD; THENCE SOUTH 85 DEGREES 27 MINUTES 43 SECONDS EAST ALONG THE NORTH LINE OF SAID "BAYWALK AREA" FOR A DISTANCE OF 49.24 FEET, MORE OR LESS, TO A POINT OF INTERSECTION WITH A LINE 65.00 FEET NORTHWESTERLY OF AND PARALLEL WITH THE METROPOLITAN MIAMI—DADE COUNTY BULKHEAD LINE AS RECORDED IN PLAT 6001C 74 AT PAGE 18 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; SAID LAST DESCRIBED SEVEN COURSES BEING ALONG A PORTION OF THE SOUTHERLY LIMITS OF THE "RETAIL PARCEL" AS RECORDED IN OFFICIAL RECORDS BOOK 12684 AT PAGE 157 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA;; THENCE SOUTH 27 DEGREES 17 MINUTES 27 SECONDS WEST ALONG SAID LINE 65.00 FEET NORTHWESTERLY Of AND PARALLEL WITH 7HE SAID METROPOLITAN MIAMI—DADE COUNTY BULKHEAD LINE FOR A DISTANCE OF 221.96 FEET; THENCE NORTH 62 DEGREES 46 MINUTES 46 SECONDS WEST, ALONG THE SOUTHEASTERLY PROLONGATION OF SAID WEST LINE OF THE SAID 'BAYLNALK AREA", FOR A DISTANCE OF 29.96 FEET TO A POINT ON THE NEXT DESCRIBED CIRCULAR CURVE; SAID POINT BEARS SOUTH 12 DEGREES 00 MINUTES 55 SECONDS EAST FROM THE RADIUS POINT OF THE FOLLOWING DESCRIBED CIRCULAR CURVE; THENCE SOUT HWESTERLY, WESTERLY, NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY, ALONG SAID CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 62.00 FEET AND A CENTRAL ANGLE OF 78 DEGREES 28 MINUTES 18 SECONDS FOR AN ARC DISTANCE OF 84.91 FEET TO A POINT ON SAID CIRCULAR CURVE; THENCE SOUTH 62 DEGREES 46 MINUTES 46 SECONDS EAST, ALONG A PORTION OF SAID WEST LINE CF THE SAID "BAYWALK AREA" FOR 63.23 FEET; THENCE NORTH 27 DEGREES 13 MINUTES 14 SECONDS EAST, ALONG SAID WEST LINE OF THE SAID "BAYWALK AREA" FOR 54.69 FEET TO THE POINT OF BEGINNING; SAID LAST DESCRIBED COURSE ALSO BEINC ALONG THE SOUTHWESTERLY PROLONGATION OF SAID SOUTHERLY LIMITS OF THE SAID "RETAIL PARCEL". ALL LYING AND BEING IN A PORTION OE THE JAMES HAGAN DONATION (SECTION 37) TOWNSHIP 54 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAIrl1—DA.DE COUNTY, FLORIDA. SHEET 5 OF 5 SHEETS LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025 X No. (354) a33—Z288 PREPARED + MY SUPr. VIS70N: PHONE No.(954)435-7010 ORDER N0. 202734-8 DATE: 05/07/2014 THS IS NOT A "BOUNDARY SURVEY" CERTIFICATE Or AUTHORIZATION Nn. LB-87 MARK STEVEN JO IAi5C4 , f ,RINGIPAL FLORIDA PROFESSIONAL LAND SURVEYOR N. 4775 REVISIONS ATTORNEY'S COMMENTS 08/1 I/14 — 1202960 SGUTHERLY BOUNDARY 01/14/16 — 12048861 t K:\375442\SKYRISE ?MA&.H\SUh'VLY\DWC\SKETCH AND LEGALS PARCEL 7A.dwg DATE: 0Ps: PROPERTY SCREENING CHECKLIST FOR POSSIBLE ENVIRONMENTAL CONSIDERATIONS Rear Estate Instrument No. Location: --1G-0001 Mimi DACw17-2Bayfront Park *Miaami Harbor Project The following questions should be completed with YES or NO as appropriate: 1. WALK THROUGH INSPECTION OF PROPERTY: (9Y N a. Does the property lie in an area, which is predominately industrial or commercial in nature (as opposed to rural)? b. Are any of the following site facilities present on the property (ask property owner to clarify purpose of observed structure or to confirm that facility is not present): Y NJ (1) Above ground storage tanks Y NC (2) Known underground storage tanks Y N (3) Underground pipelines Y (4) Hazardous materials storage areas Y N.' (5) Hazardous waste storage areas Y ,N./ (6) Hazardous waste impoundment or lagoons Y IV Is it or has it ever been permitted as a hazardous waste treatment, storage or disposal facility? Y , A,I, (7) Wastewater impoundments or lagoons Y V (8) Chemical and waste processing units, piping and reaction vessels Y Y (9) Chemical disposal area Y V(. (10) Landfill Y ,»' (11) Underground injection wells Y VI (12) Oil -filled electrical equipment Y 1 ' (13) Other observations of concern? (explain on back) Y N - c. Are any of the facilities in b. above present on adjacent or nearby properties? Y Y Y Y Y Y Y Y d. Does the property have any of the following features: (1) Standpipes, vent pipes, fill pipes, other piping coming out of the ground (2) Drums or containers (3) Soil staining (4) Strong chemical, organic/solvent odors (5) Distressed vegetation (6) Dirt mounts (7) Debris/waste/ash piles (8) Areas of subsistence (9) Evidence of unauthorized dumping (10) Sheen on standing water or surface water bodies on or adjacent to property (11) Other observations of concern? (explain on back) e. If buildings are present, do they contain: p u l ` n>� Y N (1) Asbestos -containing materials Y N (2) Lead -based interior or exterior paint .,' rr1 4 $�! T �' N (1) Wood treatment (pole or fence dipping) N (2) Pesticide/chemical storage and mixing/formulation areas 2. DOCUMENT REVIEW: PROPERTY SCREENING CHECKLIST FOR POSSIBLE ENVIRONMENTAL CONSIDERATIONS Y (3) Urea -formaldehyde foam insulating materials Y,a (4) Radon gas f. if this is agricultural land or pastureland, is there evidence of:: j '' j1,ti ) GPS: DATE: Y N a. Does the property's title workprovide indi ations of prior uses which may have contributed to site contamination? Y N b. Do historical photographs show and indication of site or adjacent property development activities of concern?''� t'l 3. REMARKS: (Provide additional comments and sketches on reverse side of this form.) No obvious signs of environmental contamination are apparent to the undersigned who is not necessarily trained in HTRW recognition/investigation. The area is believed to not warrant further study, but the undersigned takes no responsibility and disclaims any liability whatsoever should further investigation subsequently reveal contamination of any nature. c\_ A 1 i tyI 7" i tf