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HomeMy WebLinkAboutBack-Up DocumentsTHIS PAGE AND ANY FOLLOWING PAGES ARE ATTACHED ONLY FOR STATE OF FLORIDA TRACKING PURPOSES AND FORM NO PART OF THE INSTRUMENT AND ARE NOT TO BE RELIED ON BY ANY PARTY. SW 2ND ST Butler Act Parcel I 17,266 ftz E • ss SW 3RD ST Data Sources: 1) Specific Purpose Survey 2) Disclaimer Na 42113(6815-13 3) NAVTEQ Roads 4) 2017 Aerial Imagery Land Exchange Parcel I 133 ftz Butler Act Parcel II 3,768 ft2 Land Exchange Parcel II 61 ft2 Butler Act Parcel III 869 ft2 Land Exchange Parcel III 149 ftz Land Exchange Parcels Butler Act Parcels I & II Butler Act Parcel III - Exchange Parcel 0 50 100 Feet 200 Jose Marti — Land Exchange Miami -Dade County, Florida File Location: \\FLDEPI\tech_cad\ Counties_GIS\Dade\Jose_Mam_Land_Ecchange\GIS\Agenda_Aerialaose_Macti_Land_Exchange.mxd Date Saved: 4/28/2021 1:40:09 PM Map Created By: GW Stelter Project : Jose Marti Exchange SgFt.: Parcel 1: 869 sqft. BLA-104 Parcel 2: 343 sqft. EXCHANGE AGREEMENT THIS EXCHANGE AGREEMENT ("Agreement") is made this day of , 20, between, the CITY OF MIAMI, a Florida municipal corporation ("First Party"), whose address is 444 SW 2nd Ave, Miami, Florida 33130, and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ("Second Party" or "Trustees"), whose address is 3900 Commonwealth Blvd., Mail Station 115, Tallahassee, Florida 32399-3000. Second Party's agent in all matters shall be the Division of State Lands of the State of Florida Department of Environmental Protection ("DSL"). In consideration of the mutual promises set out below, the parties agree as follows: 1. PROPERTY TO BE EXCHANGED. First Party agrees to convey to Second Party the real property owned by First Party located in Miami -Dade County, Florida, more fully described in Exhibit A ("Parcel One"). Second Party agrees to convey to First Party the real property owned by Second Party located in Miami -Dade County, Florida, more fully described in Exhibit B ("Parcel Two"). Both parcels include all improvements, easements, appurtenances and hereditaments pertaining to the property. 2.A. VALUATION OF PARCEL ONE. For purposes of the exchange to be effected under this Agreement, the parties agree to a value for Parcel One of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00), subject always to adjustment as follows: If, prior to closing, DSL determines that the value of Parcel One as agreed to hereinabove exceeds the maximum value of Parcel One as determined in accordance with Section 253.025, Florida Statutes, or Section 259.041, Florida Statutes, as applicable, ("DSL Approved Value"), then the parties agree to a value of Parcel One equal to the DSL Approved Value of Parcel One. The value of Parcel One may be further adjusted under other provisions of this Agreement. 2.B. VALUATION OF PARCEL TWO. For purposes of the exchange to be effected under this Agreement, the parties agree to a value for Parcel Two of ONE THOUSAND FIVE HUNDRED FIFTY AND NO/100 DOLLARS ($1,500.00). 2.C. SETTLEMENT OF A DIFFERENCE IN VALUE. Settlement of a difference in value between the value of Parcel One, as adjusted (if any adjustment is made as provided for in paragraph 2.A., above) and the value of Parcel Two as set forth in paragraph 2.B., above, shall be made in the following manner: (1). If at closing the value of Parcel One as set forth in paragraph 2.A., above, as adjusted (if any adjustment is made), is more than the value of Parcel Two as set forth in paragraph 2.B., above, for the purposes of the exchange to be effected under this Agreement the value of Parcel One will be reduced to the value of Parcel Two as set forth in paragraph 2.B. above, and no monetary consideration shall be paid by Second Party. (2). If the value of Parcel One as set forth in paragraph 2.A., above, as adjusted (if any adjustment is made), is less than the value of Parcel Two as set forth in paragraph 2.B., above, First Party will pay to Second Party at closing an amount equal to the difference in the value of Parcel Two, as set out in paragraph 2.B., above, and the value of Parcel One, as set out in paragraph 2.A., above, as adjusted (if any adjustment is made) 3. SURVEY. First Party shall no later than 45 days prior to closing obtain at First Party's sole cost and expense and deliver to Second Party a current boundary survey of Parcel One meeting the standards and requirements of DSL and prepared by a professional surveyor and mapper licensed by the State of Florida ("Survey"). It is First Party's responsibility to ensure that the surveyor and mapper contacts the Bureau of Survey and Mapping in DSL prior to the commencement of the Survey regarding DSL's standards and requirements. The Survey shall be certified to Second Party and the title insurer for purposes of deleting the standard exceptions for survey matters and easements or claims 1 BLA-104, Revised 05/11/15 of easements not shown by the public records from the owner's title policy. The Survey shall be certified within 90 days before the date of closing unless this 90 day time period is waived by DSL and by the title insurer. If the Survey shows any reduction in acreage from the appraised acreage of Parcel One, any encroachment on Parcel One, or that improvements intended to be located on Parcel One encroach on the land of others, the same shall be treated as a title defect. First Party shall at Second Party's request and at First Party's sole cost and expense and no later than 45 days prior to closing obtain at First Party's sole cost and expense and deliver to Second Party a current boundary survey of Parcel Two meeting the standards and requirements of DSL and prepared by a professional surveyor and mapper licensed by the State of Florida ("Survey"). It is First Party's responsibility to ensure that the surveyor and mapper contacts the Bureau of Survey and Mapping in DSL prior to the commencement of the Survey regarding DSL's standards and requirements. The Survey shall be certified to Second Party and shall be certified within 90 days before the date of closing unless this 90 day time period is waived by DSL. 4. TITLE INSURANCE. First Party shall at First Party's sole cost and expense and within 30 days of Second Party's execution of this Agreement furnish to DSL a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA Form "B" with Florida revisions) from a title insurance company currently under contract with the State of Florida Department of Environmental Protection insuring marketable title of Second Party to Parcel One in an amount equal to the value of Parcel One as set forth in Paragraph 2.A., above, as adjusted (if any adjustment is made). First Party shall require that the title insurer delete the standard exceptions of such policy referring to: (a) all taxes, (b) unrecorded rights or claims of parties in possession, (c) survey matters, (d) unrecorded easements or claims of easements, and (e) unrecorded mechanics' liens. . 5. DEFECTS IN TITLE. First Party shall, within ninety (90) days after notice from DSL, remove all defects in title to Parcel One. First Party agrees to use reasonable good faith effort to correct the defects in title within the time provided therefor, excluding the bringing of necessary suits and other efforts that would require the City to incur out of pocket costs. If First Party is unsuccessful in removing the title defects within said time, Second Party shall have the option to either: (a) accept the title as it then is with no reduction in the value of Parcel One, (b) extend the amount of time within which First Party may remove the defects in title, (c) cut out the affected portion of Parcel One and reduce the value of Parcel One by an amount equal to the product of the per -acre value of Parcel One for the acres being cut out, multiplied by the acreage cut out, or (d) terminate this Agreement, thereupon releasing the parties hereto from all further obligations under this Agreement. If First Party fails to make a reasonable good faith effort to remove the title defects, First Party shall be in default and the provisions of paragraph 16. of this Agreement shall apply. 6. INSPECTION PERIOD FOR PARCEL TWO AND RIGHT TO CANCEL. First Party shall have 60 days from Second Party's execution of this Agreement (the "inspection period") within which to have such inspections of Parcel Two performed as First Party shall desire. First party shall be responsible for prompt payment for such inspections and repair of damage to and restoration of Parcel Two resulting from such inspections. This provision shall survive termination of this Exchange Agreement. If First Party determines, in First Party's sole discretion, that Parcel Two is not acceptable to First Party, First Party may cancel this Exchange Agreement by delivering written notice of such election to Second Party on or before expiration of the inspection period, and the parties shall be released of all further obligations under the provisions of this Exchange Agreement except as provided in this paragraph 6.1. Unless First Party exercises the right to cancel granted herein, First Party accepts Parcel Two in its present physical condition, subject to any violation of governmental building, environmental, and safety codes, restrictions, or requirements, and subject to easements, reservations, restrictions and other interests of record or that may have been disclosed by a survey of Parcel Two. Second Party extends and intends no warranties or representations concerning Parcel Two. 7. INTERESTS CONVEYED. At closing, First Party shall execute and deliver to Second Party a statutory warranty deed in accordance with Section 689.02, Florida Statutes, conveying marketable title to Parcel One in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except those that are acceptable encumbrances in the opinion of Second Party and except those that do not impair the marketability of the title to Parcel One. At closing, Second Party will execute and deliver to First Party a quitclaim deed for Parcel Two subject to easements, reservations, restrictions and other interests of record. Second Party extends and intends no representations or warranties of any kind regarding Parcel Two. First Party acknowledges that Second Party's conveyance shall be in "as is" condition. Neither party shall reserve any phosphate, minerals, metals or petroleum interests. 2 BLA-104, Revised 05/11/15 8. PREPARATION OF CLOSING DOCUMENTS. Upon execution of this Agreement, First Party shall submit to Second Party a properly completed and executed beneficial interest affidavit and disclosure statement as required by Sections 286.23, 375.031(1) and 380.08(2), Florida Statutes. Second Party shall prepare the deeds described in paragraph 7. of this Agreement, Second Party's and First Party's closing statements and the title, possession and lien affidavit for Parcel One certified to Second Party and title insurer and an environmental affidavit for Parcel One on DSL forms provided by DSL. 9. DSL'S REVIEW FOR CLOSING. DSL will approve or reject each item provided by First Party under this Agreement. First Party will have 30 days thereafter to remove and resubmit any rejected items. If First Party fails to timely deliver any item or DSL rejects any item after delivery, Second Party may in its discretion extend the closing date. 10. EXPENSES. First Party will pay the documentary revenue stamp tax and all other taxes or costs associated with this transaction, except as otherwise specified in this Agreement. First Party shall also pay the cost of recording the deeds required by paragraph 7. of this Agreement and any other recordable instruments that DSL deems necessary to assure good and marketable title to Parcel One. 11. TAXES AND ASSESSMENTS. At closing, First Party shall satisfy all real estate taxes and assessments of record that are or that may become a lien against Parcel One. If Second Party acquires fee title to Parcel One between January 1 and November 1, First Party shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on Parcel One. If Second Party acquires fee title to Parcel One on or after November 1, First Party shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector. 12. CLOSING PLACE AND DATE. The closing shall be on or before 120 days after Second Party's approval of this Agreement. If a defect exists in the title, title commitment, Survey or environmental site assessment as to Parcel One, or in any other documents required to be provided or completed and executed by First Party, however, the closing shall occur either on the original closing date or within 60 days after receipt of documentation removing the defects, whichever is later. Second Party shall set the date, time and place of closing. 13. RISK OF LOSS AND CONDITION OF PARCELS. Each party assumes all risk of loss or damage to that party's parcel prior to the date of closing and agrees that each party's parcel shall be transferred and conveyed to the other party in the same or essentially the same condition as of the date of execution of this Agreement, ordinary wear and tear excepted. If between the date this Agreement is executed by the parties and the date of closing the condition of either parcel as it existed on the date this Agreement is altered by an act of God or other natural force beyond the control of the parties, the party who is to receive the altered parcel may elect, at said recipient's sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. First Party represents and warrants that there are no parties other than the First Party in occupancy or possession of any part of Parcel One. First Party warrants that there are no facts known to First Party materially affecting the value of Parcel One that are not readily observable by Second Party or which have not been disclosed to Second Party. All wells located on Parcel One shall be duly abandoned at the First Party's sole cost and expense prior to closing unless this requirement is waived by DSL in writing. First Party warrants that any billboards on Parcel One shall be removed prior to closing. First Party agrees to clean up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris (hereafter, "trash and debris") from Parcel One to the satisfaction of DSL prior to closing. If First Party does not remove all trash and debris from Parcel One prior to closing, Second Party, at its sole option, may elect to: (a) collect from First Party the estimated expense necessary to remove trash and debris from Parcel One and proceed to close, with the Second Party incurring any additional expenses necessary to remove all trash and debris and clean up of Parcel One subsequent to closing, (b) extend the amount of time First Party has to remove all trash and debris from Parcel One, or (c) terminate this Agreement, and neither party shall have any further obligations under the Agreement. 14. RIGHT TO ENTER AND POSSESSION. Each party agrees that from the date this Agreement is executed by the parties, officers, attorneys and duly authorized agents of each party, upon reasonable notice, shall have at all times 3 BLA-104, Revised 05/11/15 the right and privilege of entering the other party's parcel for all lawful purposes in connection with this Agreement. Each party shall deliver possession of that party's parcel to the other party at closing. 15. DEFAULT. If First Party defaults under this Agreement, Second Party may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages or any other remedy permitted by law or in equity resulting from First Party's default. 16. BROKERS. First Party warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement required in paragraph 8. First Party shall indemnify and hold Second Party harmless from any and all such claims, whether disclosed or undisclosed. 17. RECORDING. This Agreement, or notice of it, may be recorded by Second Party in the appropriate county or counties at Second Party's sole cost and expense. 18. ASSIGNMENT. This Agreement may not be assigned without the prior written consent of the other party. 19. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 20. SEVERABILITY. If any of the provisions of this Agreement are deemed to be unenforceable and the unenforceability of said provisions does not adversely affect the purpose and intent of this Agreement, in Second Party's sole discretion, the enforceability of the remaining provisions of this Agreement shall not be affected. 21. SUCCESSORS IN INTEREST. This Agreement shall bind and inure to the benefit of the parties and their respective heirs, legal representatives and successors. Whenever used, the singular shall include the plural and one gender shall include all genders. 22. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. Notwithstanding the foregoing, the parties acknowledge that the legal description contained in Exhibit "A" was prepared based upon historic chain of title information, without the benefit of a current survey of Parcel One. The parties agree that if, in the opinion of DSL, it becomes necessary to amend the legal description of Parcel One to correct errors, to more properly describe the parcel, to cut out portions of the parcel affected by title defects unacceptable to Second Party or that cannot be timely removed by the First Party, or to otherwise revise the legal description of Parcel One, the legal description to be used in the Survey (if any) and in the closing instruments required by this Agreement for Parcel One shall be revised by or at the direction of DSL, and shall be subject to the final approval of DSL. Anything to the contrary hereinabove notwithstanding, such a revision of the legal description of Parcel One shall not require a written amendment to this Agreement. In such event, the First Party's execution and delivery of the closing instruments containing the revised legal description and the Second Party's acceptance of said instruments and of the final Survey (if any) containing the revised legal description shall constitute a full and complete ratification and acceptance of the revised legal description of Parcel One by the parties. First Party acknowledges that the Trustees have made various delegations of power for the purpose of land acquisition, and not all representatives of the Trustees or the DSL have authority to act in all situations. Consequently, this Agreement may be terminated by the Trustees pursuant to any provision therefor contained in this Agreement only in writing signed by the person or persons who signed this Agreement on behalf of the Trustees or that person's successor. 23. WAIVER. Failure of Second Party to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 4 BLA-104, Revised 05/11/15 24. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto and approved by or on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. 25. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 26. NOTICE. Whenever a party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally, transmitted via facsimile transmission, mailed postage prepaid, or sent by overnight courier to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement. 27. SURVIVAL. The covenants, warranties, representations, indemnities and undertakings of First Party set forth in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 7. of this Agreement for Parcel One and Second Party's possession of Parcel One. 28. CERTIFICATION REGARDING TERRORISM. First Party hereby certifies that to the best of First Party's knowledge, after making all appropriate inquiries, First Party is in compliance with, and shall use Parcel Two, as well as any funds derived from the exchange of Parcel One for Parcel Two in compliance with all applicable anti -terrorism laws, regulations, rules and executive orders, including but not limited to, the USA Patriot Act of 2001, 18 U.S.C. sections 2339A-C, and U.S. Presidential Executive Orders 12947 and 13224. 30. SOVEREIGN RIGHTS. The First Party and Second Party retain all of their sovereign prerogatives and rights and regulatory authority (quasi-judicial or otherwise) as government entities under all applicable laws (all of which shall be absolute and unfettered in all respects). Notwithstanding any language contained in this Agreement to the contrary, in no event shall the First Party or Second Party waive their respective sovereign immunity as provided in Florida Statute §768.28. 31. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties to this Agreement shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 5 BL • 04, Revised 05/11/15 IF FIRST PARTY DOES NOT EXECUTE THIS AGREEMENT ON OR BEFORE JULY 23, 2021, SECOND PARTY SHALL BE UNDER NO OBLIGATION TO ACCEPT THIS AGREEMENT. SECOND PARTY' S EXECUTION OF THIS AGREEMENT IS SUBJECT TO APPROVAL BY THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. SECOND PARTY'S DUTY TO PERFORM HEREUNDER IS CONTINGENT ON: (1) CONFIRMATION THAT THE VALUE OF PARCEL ONE IS NOT IN EXCESS OF THE DSL APPROVED VALUE FOR PARCEL ONE, AND (2) DSL APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER. THE STATE OF FLORIDA'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE FLORIDA LEGISLATURE AND UPON THE FUNDING OF THE APPROPRIATION THROUGH THE ISSUANCE OF FLORIDA FOREVER REVENUE BONDS BY THE STATE OF FLORIDA OR OTHER FUNDING AS PROVIDED BY THE LEGISLATURE. THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. FIRST PARTY THE CITY OF MIAMI, FLORIDA a Florida municipal corporation Arthur Noriega V, City Manager ATTEST: Todd B. Hannon, City Clerk APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Victoria Mendez City Attorney STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Ann -Marie Sharpe, Director Risk Management Administrator The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization this day of , 2021, by Arthur Noriega V, as City Manager for the City of Miami, a municipal corporation of the State of Florida, who is [ ] personally known to me or [ ] who produced the following identification: (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 6 BLA-104, Revised 05/11/15 Witness as to Second Party Witness as to Second Party Approved as to Form and Legality By: Date: STATE OF FLORIDA COUNTY OF LEON ) SECOND PARTY BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA BY DIVISION OF STATE LANDS OF THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BY: Callie DeHaven Director Date signed by Second Party The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of , 20, by Callie DeHaven, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. (NOTARY PUBLIC SEAL) 7 Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: BLA-104, Revised 05/11/15 EXHIBIT A COMMENCE AT THE ABOVE ESTABLISHED POINT "B"; SAID POINT BEING ON THE 1922 SHORELINE OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; THENCE S 37°42'34" E, ALONG SAID 1922 SHORELINE OF THE MIAMI RIVER FORA DISTANCE OF 14.87 FEET TO THE POINT OF INTERSECTION WITH THE 1951 SHORELINE OF THE MIAMI RIVER AS TAKEN FROM AN AERIAL IMAGE, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE ALONG SAID 1951 SHORELINE OF THE MIAMI RIVER AS TAKEN FROM AN AERIAL IMAGE, FOR THE FOLLOWING DESCRIBED FOUR (4) COURSES; 1) THENCE N 54°57'38" E FOR A DISTANCE OF 33.67 FEET; 2) THENCE S 27°53'14" E FOR A DISTANCE OF 18.89 FEET TO THE POINT OF INTERSECTION WITH THE LIMITED ACCESS RIGHT-OF-WAY LINE OF INTERSTATE I-95 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR SECTION 87270-2425; 3) THENCE S 21°13'45" W, ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 23.58 FEET; 4) THENCE S 53°17'42" W FOR A DISTANCE OF 10.22 FEET TO THE POINT OF INTERSECTION WITH SAID 1922 SHORELINE OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; THENCE N 37°42'34" W, ALONG SAID 1922 SHORELINE OF THE MIAMI RIVER, FOR A DISTANCE OF 32.16 FEET TO THE POINT OF BEGINNING. • 8 BLA-104, Revised 05/11/15 EXHIBIT B THE FOLLOWING THREE (3) LAND SWAP PARCELS BEING A PORTION OF RIVERSIDE WATERFRONTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-JADE COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: PART COMMENCE AT THE CENTERLINE INTERSECTION OF SW 4th AVENUE AND SW 2nd STREET: THENCE N 87'4507" E ALONG THE CENTERLINE OF SAID SW 2nd STREET AND ITS EASTERLY EXTENSION, FOR A DISTANCE OF 25.00 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY RIGHTF-WAY UNE OF SAID SW 4th AVENUE: THENCE N 021453" W. ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID SW 4th AVENUE FOR A DISTANCE OF 21.24 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH UNE OF THE NORTH 20.00 FEET OF THE SOUTH 112 OF LOT 2B AS RECORDED IN SAID PLAT BOOK 25 AT PAGE 72 OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY: THENCE NI 87°4350" E ALONG SAID SOUTH LINE OF THE NORTH 2O,00 FEET OF THE SOUTH 112OF LOT2B AS RECORDED IN SAID PLAT BOOK 25 AT PAGE 72 OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY FOR A DISTANCE OF 130.73 FEET TO A POINT OF INTERSECTION WITH THE 1951 SHOREUNE FROM AERIAL IMAGE, SAD POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE N87"44'67" E FOR A DISTANCE OF 19.58 FEET: THENCE S 01'3408' E FOR A DISTANCE OF 5.64 FEET; THENCE 5 80'4834" W FOR A DISTANCE OF 19,42 FEET TO THE POINT OF INTERSECTION WITH THE 1915 SHORELINE FROM AERIAL IMAGE; THENCE N 03'5740° W ALONG THE LAST DESCRIBED LINE FOR A DISTANCE OF 8.01 FEET TO THE POINT OF BEGINNING, CONTAINING 133 SQUARE FEET MORE OR LESS, AND PART II COMMENCE AT THE CENTERLINE INTERSECTION OF SW 4th AVENUE AND SW 2nd STREET: THENCE N 87'45'07" E ALONG THE CENTERLINE OF SAID SW 2nd STREET AND ITS EASTERLY EXTENSION, FOR A DISTANCE OF25.00 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY UNE OF SAID SW 4th AVENUE; THENCE N 0214'53" W, ALONG THE EASTERLY RIGHT-OF-WAY UNE OF SAD SW 4th AVENUE FOR A DISTANCE OF 21.24 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTH 29.00 FEET OF THE SOUTH 112 OF LOT 2B AS RECORDED IN SAID PLAT BOOK 25 AT PAGE 72 OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY; THENCE N 87'4350" E ALONG SAID SOUTH LINE OF THE NORTH 2O.00 FEET OF THE SOUTH 1; 2OF LOT2B AS RECORDED IN SAID PLAT BOOK 25 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FOR A DISTANCE OF 130,73 FEET TO A POINT OF INTERSECTION WITH THE 1951 SHORELINE FROM AERIAL IMAGE: THENCE ALONG THE PREVIOUSLY DESCRIBED 1951 SHORELINE FROM AERIAL IMAGE FOR THE FOLLOWING FIVE p) COURSES; (1) THENCE S 03'574.0" E FOR A DISTANCE OF 18,11 FEET; (2) THENCE S 24-'02'21" E FOR A DISTANCE OF 101,78 FEET; (3) THENCE S 29'513'24" E FOR A DISTANCE OF 101.95 FEET: (4) THENCE S 15'03'49' E FOR A DISTANCE OF 90.01 FEET; THENCE S 1 1'1248' E FOR A DISTANCE OF50.66 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL.: THENCE S26'4914" E FOR A DISTANCE OF31.97 FEETTOA POINT ON THE 1851 SHORELINE FROM AERIAL IMAGE; THENCE N382857" W ALONG THE PREVIOUSLY DESCRIBED UNE FOR A DISTANCE OF 18.77 FEET; THENCE N 11 12'48" W FOR A DISTANCE OF 14.10 FEET TO THE POINT OF BEGINNING. CONTAINING 61 SQUARE FEET MORE OR LESS. AND PART III COMMENCE AT THE CENTERLINE INTERSECTION OF SW 4th AVENUE AND SW 2nd STREET; THENCE N 87`4507" E ALONO THE CENTERLNE OF SAID SW 2nd STREETAND ITS EASTERLY EXTENSION, FOR A DISTANCE OF 25,00 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OFBAID SW 4th AVENUE; THENCE Ni 02'14'53" W, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID SW 4th AVENUE FOR A DISTANCE OF 21.24 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH UNE OF THE NORTH 20.00 FEET OF THE SOUTH 112 OF LOT 2BAS RECORDED IN SAD PLAT BOOK 25 AT PAGE 72 OF THE PUBUC RECORDS OF MIAMI-DADECOUNTY: THENCE NI 87'4350" E ALONG SAID SOUTH LINE OF THE NORTH 2O,00 FEET OF THE SOUTH 112OF LOT2B AS RECORDED IN SAID PLAT BOOK 25 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FOR A DISTANCE OF 103,10 FEET TO A POINT OF INTERSECTION WITH THE 1922 SHOREUNE FROM FDEP OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION: THENCE ALONG THE PREVIOUSLY DESCRIBED 1922 SHORELINE OF THE MIAMI RIVER FOR THE FOLLOWING FIVE (5) COURSES; (1) THENCE 07°4515 E FOR A DISTANCE OF 77,07 FEET; (2) THENCE 5 11"48'36" E FOR A DISTANCE OF 48,78 FEET: (3) THENCE 5 27'17193" E FOR A DISTANCE OF 46,39 FEET: (4) THENCE S 26'33'54" E FOR A DISTANCE OF 230.01 FEET: (5) THENCE 5 25'3901" E FOR A DISTANCE OF 24,82 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE N 48'34'41" E FOR A DISTANCE OF26.63 FEET; THENCE S 26°49'14" E FOR A DISTANCE OF 3.25 FEET; THENCE S 38'4209' W FOR A DISTANCE OF 28.50 FEET. THENCE N 25'3901" W FOR A DISTANCE OF 8.35 FEET TO THE POINT OF BEGINNING, CONTAINING 149 SQUARE FEET MOREOR LESS, BSMAPPfIOVEP DATE 05/10/2021 9 BLA-104, Revised 05/11/15