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HomeMy WebLinkAboutReso 2013-2090 RESOLUTION NO. 2013 - 20`10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING A PARTIAL RELEASE OF CONSERVATION EASEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN ORDER TO AUTHORIZE THE CONSTRUCTION OF AN EMERGENCY PEDESTRIAN BRIDGE CONNECTING NORTH BAY ROAD BETWEEN 172ND AND 174 TD STREETS, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City"), as successor in interest to 17070 Collins Avenue Shopping Center, Ltd., granted in favor of the South Florida Water Management District ("District") that certain Deed of Conservation Easement dated November 14, 2000, and recorded in Official Record Book 19377 at Pages 1775-1782 of the Public Records of Miami- Dade County (the "Conservation Easement"); and WHEREAS, a portion of the Conservation Easement encumbers the real property needed to construct the City's emergency pedestrian bridge connecting North Bay Road between 172°d and 174th Streets, to be used for pedestrian and emergency vehicles only; and WHEREAS, the City desires to approve a partial release of the existing Conversation Easement with the South Florida Water Management District, attached hereto as Exhibit "A", in order to authorize the Construction of an emergency pedestrian bridge consistent with the District's Permit Number 090408-3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. Section 2. Ratifying a Partial Release of Conservation Easement. The City Commission hereby ratifies a partial release of the Conservation Easement, attached hereto as Exhibit "A", in order to authorize the construction of the emergency pedestrian bridge connecting North Bay Road between 172°d and 1741h Streets. Section 3. Authority of the City Manager and City Attorney. The City Manager and City Attorney are authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective immediately upon adoption. 1 PASSED and ADOPTED this 18`x' day of July 2013. 1 /- dL.1,i4,,, •orman S. Edelcup, Mayor ATTEST: ;Jane A. Hines, C14C, City Clerk r APPROV !'AS TO FORM AND L •Gk . SUFFICIENCY: I , /Arid an,fi fit, City Attorney Moved by: \test. Maisr A€L1o10 Second by: a OLL• VOTE: S-b Mayor Edelcup yes V no Vice Mayor Aelion yes c/no Commissioner Gatto yes Vno Commissioner Levin yes trjno Commissioner Scholl yes I/ no 2 SOUTH-FLORIDA WATER-MANAGEMENT DISTRICT - . _ _ : . _..__. . - PARTIAL RELEASE OF C•NSERVATION EASEMENT Return recorded document to: South Florida Water Management District Regulation Division—MSC 9510 3301 Gun Club Road West Palm Beach, FL 33406 Permit: Tract: This Partial Release of Conservation Easement ("Partial Release") is made this day of - , 20 by the SOUTH FLORIDA WATER MANAGEMENT DISTRICT ("District") having an address of 3301 Gun Club Road, West Palm Beach, Florida 33406 and a mailing address of Post Office Box 24680, West Palm Beach, Florida 33416-4680. WITNESSETH: WHEREAS, 17070 Collins Avenue Shoppping Center,LTD (current Owner City of Sunny Isles Beach) granted in favor of the District that certain Deed of Conservation Easement dated November 14, 2000 and recorded in Official Record Book 19377 at Page 1775 of the Public Records of Miami-Dade County, Florida (hereinafter referred to as the "Conservation Easement") encumbering the real property described on Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Original Premises"); and WHEREAS, the District has been requested to release a portion of the Conservation Easement with respect to only that portion of the Original Premises described on Exhibit "B" attached hereto and made a part hereof(hereinafter referred to as the "Release Parcel"); and WHEREAS, the District is amenable to amending the conservation easement to release a portion of the Conservation Easement only with respect to the Release Parcel. NOW, THEREFORE, for good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the District hereby partially releases the Conservation Easement to discharge, terminate and release the Conservation Easement with respect to only the Release Parcel, without impairing the operation and effect of the Conservation Easement as to the remainder of the original premises which are not contained within the Release Parcel, (the original Premises less and except the Release Parcel is hereinafter referred to as the "Remainder Premises"). The Conservation Easement shall remain in full force and effect with respect to the Remainder Premises and shall remain unaffected by this Partial Release of Conservation Easement. All references in the Conservation Easement to "Property" shall hereafter mean and refer to the Remainder Premises. Form 1271 (06/2013) Partial Release of CE 1 of 5 IN WITNESS WHEREOF, the South Florida Water Management District has caused this Partial Release of Conservation Easement to be executed in its name and its official seal affixed hereto by , Chair, and attested by its District Clerk, this day of , 20 SOUTH FLORIDA W,,:TER MANAGEMENT DISTRICT By: Chair (Corporate Seal) ATTEST: District Clerk STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by , Chair of the South Florida Water Management District, a public corporation of the State of Florida, on behalf of the corporation, who is personally known to me. Notary Public Print My Commission Expires: Legal Form Approved By Office of Counsel, June 2013 Form 1271 (06/2013) Partial Release of CE 2 of 5 ®. .'NE': / " � , ,, Print Name ehy-�c- +art tZ1,..S 0 WITNESSES: Oji-iW ,1 _,Wi,ibiqd- Print Nar ° I & i4 \04(74? Print Name: 1.... G-z-v-� C_� I us`t k, STATE OF FLORIDA COUNTY OF M t a -i _ "bank, The foregoing instrument was acknowledged before me this 9(, F'.- day of Sl r° e_. , 20 13 by i C-10-Tic?r�• -� -T. ('. .)111 's(-.,, ,�wh ersonall�known to e for w o has produced as identification. ->e) Notag Public & %�.ii. W 1,&XIII. Print Name u My Commission Expires: 1 1 40 11 'y_. I ® ni CHERYL WILLIAMS 1 d ri wry Public•State of Flora®a , s° °I My Comm.Expires Jul 23,2016'0,..---' - Commission EE 216643 v tedi# Bonded Through National Notary Assn. AP?''10VRIAS,TO FORM 4 J 1 ijvif/14 SWEICIari . A1Vyr i iCT, ,48 R n'f TtOft�j1�.', Form 1271 (06/2013) Partial Release of CE 3 of 5 EXHIBIT A— ORIGINAL PREMISES (Original legal description from the original Conservation Easement) • Form 1271 (06/2013) Partial Release of CE 4 of 5 EXHIBIT A 9377N r 7s sur sr _�,,,� :v9f RES. 3 t 00R542285 2000 f1Oti 22� 2.. 15:39 DEED GF RiVAV7ON EA$. M NT THIS DEED OF CONSERVATiON EASEMENT is given this 14th N .. ovember _ day . N , ?24.0 by 170IU mllirs A� (address) 17100 Cbllire Avenue, Suite 225, qty - _-Basdi, FL 33160 ('Grantor)to the South Florida Water Management District(°Grantee°). As used herein, the term Grantor shall include any and all heirs,successors or assigns of the Grantor,and all subsequent owners of the 'Property° (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. • WITNESSETH WHEREAS,the Grantor is the owner of certain lands situated inr Florida, and Lore specifically described in Exhibit A attached hereto and Income ' herein(°property°);and rgorated WHEREAS,the Grantor desires to construct(name of project) mall rerrn3truthan which Is subject to the r Mato (°Project°)at$•site in Hurd-L _County. Castile):end '3+lur�diction of South Florida Water Management District activities which afffectt District Permit r f No.State of Florida:and rf'armit'} authorizes certain WHEREAS, this Permit requires that the Grantor preserve, enhance,•restore and/or mitigate wetlands and/or uplands under the District's jurtsdlction;and WHEREAS, the.Grantor,in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined In Section 704.06,Florida Statutes(1997),over the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as.an inducement to Grantee'in issuing the Permit,together with other good and valuable consideration,the adequacy and receipt of • which is hereby acknowledged, Grantor hereby conservation ease by grants. creates, and establishes a shall run with the land and be inding upon the Grantor,and shall rreemain in Properly ull force and effect forever. • • lof5 /o . EXHIBIT ' ray Acv/Apcg . FEE 19377111 776 5w &dfc-iriwuy,199th The scope,nature,and character of this conservation easement shall be as follows: 1. It is the purpose of this conservation ant to retain land or water areas in their natural,vegetative,hydrtrlogic,scenic,open,agricultural or wooded condition and to Main such areas as suitable habitat for fish, plants or wildlife.Those wetland and/or upland areas included In the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained In the enhanced or created conditions required by the Permit. • To carry out this purpose, the following tights are conveyed to Grantee by this easement: a_ To enter upon the Property of reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry;and b. To enjoin any activity on or use of the Property that is Inconsistent with this conservation easement and to enforce the restoration of such areas or Mures of the Property that may be damaged by any went activity or use. 2. Except for restoration,creation, enhancement,maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit,the following activities are pnehlaited in or on the Property: a. Construction or placing of buildings, roads< signs, billboards or other advertising, utilities,or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash,waste,or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; 2o1S EXHIBIT s'1 I9'1T7Pf I ITT REC. Sttid.rd rarn_terev�a Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to,ditching,diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibiled herein and which are not Inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement. 4. BNo right of access by the genera/ public to any portion of the Property is conveyed by this conservation easement. 5. Grantee shall not be responsible for arty costs or liabilities related to the • operation,upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. • 7. Any costs bound in enforcing,rudicially or otherwise,the terms,provisions and restrictions of this conservation easement shall be borne by and recoverable against the nanprevalling party in such proceedings. 8. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to eier lse its rights hereunder in the event of any breach hereof by Grantor,shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee wilt hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 10. if any provision of this conservation easement or the application thereof to any person or circumstances is found to be Invalid,the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 3 of 5 • EXHIBIT 56 RED: 1937M I 718 SaarAr el rvnn-Ivec;ary.ispa -YhiJ 11. Grantor shall insert the terms and restrictions of this conservation easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. 12. All notices, consents, approvals or other conrweiunications hereunder shall be in writing and shall be deemed peoperiy given If sent by United States certified marl, return receipt requested,addressed to the appropriate party or•successor-in-Interest. 13. This conservation easement may be amended, altered,released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be Piled In the public records l Miami-Dade County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shalt be binding upon, Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this conservation easement and all mortgages have been joined or subordinated; that Grantor has good right and loll authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of a persons whomsoever. IN WITNESS WHEREOF, I ric hi .5/ley!)h has hereunto set its authorized hand this 14 tin day o9 November- --I --?. Signed,sealed and detivered no 743 (;lbws Are , , alk, Grp in our presence as wlinesses: A Florida Q," ' E-14nrvil l B Y '_a1/ ! ,I, Print Name: Print N."-e: £lrivtit0 ' - .._ i Trtle: -ft-e. 4 '4 Print Name: 4or5 EXWBFF S !-I I93T7r 1779 STATE OF FLORIDA COUNTY OF 1 Orb e On this 114--of day of �Q®11 , Y Ifora_mi-v..t he undersigned notary public,personally appeal (Pepe-a '1r+ati«1. ►canal Icacriffto me to person blitio subscribed to the foregoing instrument and did not take an oath, as the (position) General Manager , Of (corporation) * a Florida corporation,and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized to do SO• * 17070 Collins Ave. Shopping Ctroo Ltd. Partnership IN WITNESS WHEREOF,I hereunto set my hand and official seal rte. NOT;-Y PUBLIC, STATE OF FLORIDA IP • Print Name: ROM WILLIAMS My Commission Expir : , . wee &srAt as ama rra»:rro South Florida Water Management District �� Legal Form Approved:SFWMD-January, 1998 • _ 5015 TOTAL P.05 EXHBT 5 EXHIBIT 5 CONSERVATION EASEMENT FOR 17070 COLLINS AVENUE SHOPPING CENTER, LTD. j 4 LEGAL DESCRIPTION: A portion of Lot 16, of SOUTH SHORES ESTATES, occording to the plot thereof, rocorded in Plot Book 52. Poge 69, and o portion of the North 100 feet of Lot 2 of TATUM'S SUBDIVISION, also know os TATUM'S OCEAN PARI(, and also known os SUBDIVISION of GOVT. LOT 6 SEC. 2-52-42 & GOV'T. LOTS 1, 2, 4 & PORTIONS OF 5 & 6 SEC. 11-52-42, according to the Plot thereof, recorded in Plot Book 10, Poge 64. both of the Public Records of Dode County, Florida, lying West of State Road A-1-A (fronting Collins Avenue and running in a Westerly direction to North Biscayne Boy), LESS the East 400 feet thereof, being more porticulorly described as follows: Begin of the Northwest corner of Lot 19 of SOUTH SHORE ESTATES as recorded in Plot Book 52 of Poge 69 of the Public Records of Miomi-Dode County. Florido; thence N 90'00'00° E along the Northerly boundary tine of sold Plot of South Shore Estates for 1010.29 feet; thence N 05'38'10' E along o line porollel with and 400 feet, os measured at right angle to said West.Right of Woy line of State Rood A-1-A (COLLINS AVE) for 100.49 feet thence N 90'00'00° W along the North line of said Lot 2 for 950.16 feet; thence S 81'59'43° W for 129.26 feet; thence S 84'09'50° W far 34.30 feel to a point on o non-tongent curve concoved to the southwest having a radius of 160.00 feet and o chord bearing of S42'S5'24'E; thence continue along the arc of said curve through o control angle of 41'40'54' for o distance of 116.40 feet; thence N 71'35'52° E for 15.37 feel to the Point of Beginning. SURVEYOR'S NOTES: - This site lies in Section 11, Township 52 South, Range 42 East. City of Sunny Isles, Miami-Dade County, Florida. } - Miami-Dode County. Florida was formerly known as Dade County, Florida. - Lands shown hereon were not abstracted for easements and/or rights-of-woy al records. - This is not o 'land Surrey` but only o grophic depiction of the description shown hereon. - Bearings hereon are referred to on assumed value of N 90'00'00° E tar the south line of the north 100 feet of Lot 2. TATUM'S SUBDIVISION. - Total fond area shown hereon contoining 105,290 square feet. or 2.417 acres, more or less, - Underground improvements and/or underground encroachments not shown unless otherwise indicated. - Dimensions shown hereon are bosed on Fortin, Laovy, Skills, sketch 520990-121. SURVEYOR'S CERTIFICATION: 1 hereby certify that this °Sketch of Description° was made under my responsible charge on March 10, 2001, and meets the Minimum Technical Stondords as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61017-6, Florido Administrotive Code, pursuant to Section 472.027, Florido Statutes. Not valid without the signature and the original raised seal of a Raids Licensed Surveyor and Mapper' FORTIN,LEA S,INC.,L83653 By: _ ./.._ � Daniel C. Fortin, For The Fi m •urveyor and Mapper, LS2853 .tote of Florido, - . EXHIBIT sm Drawn By JJB ' ikOTES- DESCRIPTION- CERTIFICATION 'Date 9/Y3/99 ` Cad. Ne. 991133 Scale 1-=80' Re!. Dwg. FORTIN, L EAVY, S INC. 991133 2099-121 Job. No. REV.2 4/2/01 CONSULTING ENGINEERS, SURVEYORS AND MAPPERS Dn. No.t 099A-094-A 180 Northeast 16815. Street /North Miami Beach, Florida. 33162 - PloLLed: 10/15/99 1:08p ` Pb- 305-653-4493/Far 305-851-7152 Sheet 1 of 3 • (COLLINS AVENUE) ROAD O SF 4`..I q o!- l— 0 v i N05'38'lt)"E I I . GRAPHIC SCALE • 100.49' 0 40 Sp 166 / j . ->' I IOS=M.I=ETMTTZOMMIT ./.'( Iti PELT) W3 i.,'-i.3 1 Inch - e0 it. 07 '/,• 2,:,//V w_ e _ $° !/ 'lll' % n I_ I < c '� 5I ///7/// // o (S9 666 J %' .6�j/� q 4 e6 at I N90'00'001Y !',./.1.17� / NW'WOO-E a e ( H ta 8 950.16' \:/,,;,, .'/ 1010.29; x a I W I a i �)9'/// o Og a{ I Qe g a,R i / , w C3 I 15 fr :,7/ ,,/,ill '..9. Z 1— ' %/j' "" I< I • .' "/ ‘ %jf•/' NT N71'35'52'E /...-./.' /�1 15.37' a i — -- 581'S9'tJ1r ' )29.26 i f ' I LOT Ti I7/ A=4140'54° I I ' La■ w I I H41e0.00' I NT L-11e.40' $84'09'50Y! CBAS4 755'24"E/ \ 1 1 i i NORTH BAY ROAD_ I T dOUFH SHARE +E2�ITIATES `}-- • PLAT' ©'OO 5& PING( 00 I t. 100.00' I .: LEGEND: - I s NTa NON-TANGENT I I I I I • 1 I EXHIBII51- _ %of "Drawn ey DJ DETAIL MAP ) (Date 4/2/01 Cod. No. 991133 Scale 1"=200' Rd. Dwg. FORTIN, L EAVY, SKILES, INC. lob. No. 010214 2099-121 _ ) . CONSULTING ENGINEERS, SURVEYORS AND MAPPLRS Dwg. No.1099A-094-A I I00 Northca,t loath. 5iraal/North MamE Boach. florid'.33160 Plclt,d: 10/15/99 1:0ep) , Ph. 305-653-44i3/Fax 905-951-7152 Sheet 3 or 3 - ' AVENUE — i [ TL1 ) STATE ROAD ,q-I-,q ' -� 1,gc, ! • 1 115 Io , I I a I (COLLINS; i 100• -� H 3H e� 9-I 1--- -I a.„:„. - , . jj S 9 .H r--. —I- —11-- .-- I j ::.,::::-.„ ; .....:,:;,„ ..:,-...:, , %v% . `� 1,/4 t, Q % c j as O ? © I�s:r! '�—�_ - C G N %/7/ 5 - 1 W....:*4 o U .. .r LL cn C fno ° p ii o F K ZUC ' Uv°+ '•�, II L t ) Q., C 1 --� .4( _ � � t floj C5 N "'� J U! O. e C Ja<n F- Q _o d a v c c Y c U H < i # CC u W 0 a 4 z¢ J t f zo r qr Q I 8 j 01 wj w w La 44 5 r-' o 0 0.y W v��� zW (- 17-: oZ (n x 8_ Q Q 4 Y W ) •)——..� mo w .O _oF N p1 ea O ¢ ,1 rdS Jw�' O Ca 411 p p CO h ® f.i. O O O O N 1 ^ �.a.Q '� W „i. ta 41 Li W W W y 1�: C4 4. 4- 0 We.g• Q 4 S' Q O W 6 I �11.���) L WSo X'i • ,. I' < 0 u„. ‘... ;1: / \ o n _ �= e ) . rn IL In in 'Z a .pSi /�'I I ./... vJ L� W W W .-. Q 1 - I .o C U L v N ��� II. 1 W p v u I obe .. / u.> � J 0.Z v u ° 0W W LI >L ��° 1 i o /1 0 4 �a /� Wtn Wq ro 0 0 Z W V4W I� I i 8I7 >U >V ��O A F�iV a.aW f r0 z etJ- O}. �� 1` N eI 0 uW O NO¢ 1 zW zo za a60 Ll. W Y O J / I ) QI:1 gy <rn uO d C Cl 0Lt. as / ' rL 1 �m �N � °_- c�_ J I,,W OO WC74 � � - W e 0 4 70 v nCn? z u .4, C7 c co W~ W �r �Z !ON ~ ° C a0 Lim yv2 O t u $ W X tY 'W x z c d m 0 U W - '%. - . O k Q z. i . N S S Hi] _ •_ -. N N :._: , 6A a0 a W U WS oc 2 0- 2 G W w O L____ Get ''7 LL U W 1 EXHIBIT B — RELEASE PARCEL • (Exhibit to be prepared by Owner containing the legal description of only the property to be released. Permit Reviewer must confirm that Exhibit B contains only the description of the portion being released.) Form 1271 (06/2013) Partial Release of CE 5 of 5 LEGAL I ESCRIPTION VACATION OF A PORTION OF CONSERVATION EASEMENT CITY OF SUNNY ISLES BEACH,MIAMI-DADE COUNTY, FLORIDA A portion of Tract "D", R.K. MARINA APARTMENTS, according to the plat thereof as recorded in Plat Book 157, Page 70 of the Public Records of Miami-Dade County, Florida also being a portion of that 100 foot wide Conservation Easement as recorded in Official Records Book 19377, Page 1775 of the Public Records of Miami-Dade County, Florida and being more particularly described as follows. BEGINNING at the Northwest corner of Lot 19, SOUTH SHORE ESTATES according to the plat thereof as recorded in Plat Book 52, Page 69 of the Public Records of Miami-Dade County, Florida, said point being on a Southerly line of said Conservation Easement; THENCE on the boundary of said Conservation Easement the following four (4) courses and distances: 1) South 68°30'00" West, a distance of 15.37 feet to a point on the arc of a non-tangent curve concave to the Southwest whose radius point bears South 64°49'15" West; 2) Northwesterly on the arc of said curve having a radius of said curve having a radius of 160.00 feet, through a central angle of 41°40'54", an arc distance of 116.40 feet to a point of non-tangency; 3) North 81°03'58" East, a distance of 34.30 feet; 4) North 78°53'51" East, a distance of 43.45 feet; THENCE South 37°03'45" East, a distance of 44.21 feet; THENCE South 15°30'07" East, a distance of 52.61 feet to a point on said Southerly line and being on the North line of said Lot 19; THENCE South 86°54'08" West on said line, a distance of 21.03 feet to the POINT OF BEGINNING. Said lands lying and being in the City of Sunny Isles Beach, Miami-Dade County, Florida, and containing 4,789 square feet( 0.110 acres), more or less. Prepared by CALVIN,GIORDANOB ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida November 7,2008 Revision:lune 18,2012;March 05,2013 p:\projects\20I1\114582 sunny isles beach bridge permitting\survey\legal descriptions\I 1-4582-v-sd-vacation cons_esmtdocx SHEET 1 OF 3 SURVEYOR'S 1'V O T ES: 1. Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 2. Lands shown hereon were not abstracted by the Surveyor, for Rights-of-Way, Easements, Ownership, or other instruments of record. 3. The information shown hereon does not represent a Boundary Survey. 4. Bearings hereon are referenced to the North line of Lot 19, SOUTH SHORE ESTATES as recorded in Plat Book 52, Page 69 of the Public Records of Miami-Dade County, • Florida, having a bearing of North 86°54'08" East. CAL , GIORDAN7r z. A - OCIATES,INC. • Gre_ory J. ernes Professional Suryeyor;ind Mapper klorida Registration Number 4479 Prepared by CALVIN,GIORDANO&ASSOCIATES,INC 1 S00 Eller Drive,Suite 600 Fort Lauderdale,Florida November 7,2008 Revision:lune 18,2012;March 05,2013 p:\projects\2011\114582 sunny isles beach bridge permitting\survey\legal descriptions\l l-4582-v-sd-vacation cons esmtdocx SHEET 2 OF 3 __ -o NONDC11O91)OLr, r Vl 0 . t_` w. p. F.2�mobnomo,,m 0 j _' - _ , nmmn o 0' o s.°' (-1 Mix5702 M E 4 e p r j �g x 1.' c__� K ne.oDC-?�n3 gig' -- m i 3.° - 7 = n nom; g=t-4FMT' e.0 O o• v - S Ge�y rne�em / `. 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N) .C/ 0 p-I> \..- > � � m Co n 2 m D� e vzt > --.1 N D g ( Z m _i g � m ID --4 > v K vwz -i I N r Qom— P •- 0 ry nill P z v o = v Z� _ W (A) -� I • o:S''"�'Y `S`FSe City of Sunny Isles Beach _ti 18070 Collins Avenue ■ -: Sunny Isles Beach, Florida 33160 se en's•:10;3s- 1o4'�ati°' (305)947-0606 City Hall r•of sut4 "" (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Helen Gray, PE, City Engineer DATE: 7/18/2013 RE: A Resolution Ratifying Execution of the Partial Release of Conservation Easement by the South Florida Water Management District RECOMMENDATION: We recommend City Commission approve the Resolution. REASONS: In previous City Commission actions, easements were dedicated to satisfy environmental permit requirements by the South Florida Water Management District (SFWMD) for seagrass and mangrove mitigation related to the North Bay Road Emergency Bridge. The south connection point of the bridge at 172nd Street directly impacts an existing SFWMD conservation easement area. Although the easement is dedicated to SFWMD, since the City is the underlying property owner, SFWMD requires the City's affirmation that there is no objection to SFWMD releasing any portion of the easement. To expedite the permitting effort for this project, this Partial Release was executed and transmitted to SFWMD in time to be considered at the July Governing Board meeting. COST: No cost. ATTACHMENTS: • Resolution • Partial Release of Conservation Easement Agenda Item No.IOL Date 7/18/2013 170