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HomeMy WebLinkAboutResolution Zoning 14-Z-141This instrument prepared by: Hans Ottinot, City Attorney Office of the City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 When recorded, return to: Jane A. Hines, MMC, City Clerk Office of the City Clerk City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles, Florida 33160 CFN: 20170289515 BOOK 30543 PAGE 4998 DATE:05/23/2017 08:44:31 AM DEED DOC 0.60 SURTAX 0.45 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY (Space Reserved for Clerk of Court) DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENT WHEREAS, Publix Super Markets, Inc., a Florida corporation authorized to do business in Florida, ("Owner" or "Grantor") is the owner of the following described real property (the "Property"), lying, being and situated in Sunny Isles Beach, Miami -Dade County, Florida, and legally described as: SEE EXHIBIT "A" ATTACHED HERETO and located at 18320-18330 Collins Avenue, Sunny Isles Beach, Florida. In accordance with Resolutions No. 14-Z-141 and No. 15-Z=155 adopted by the CITY OF SUNNY ISLES BEACH (the "City" or "Grantee"), on July 17, 2014 and July 16, 2015, respectively (collectively, the "Resolution"), Owner, for itself and its successors and assigns, freely, voluntarily and without duress, makes the following Declaration of Restrictions and Grant of Easements ("Declaration") covering and running with the Property and grants the following easements, as described below: 1. Intent. In connection with the PZ2014-05 and PZ2015-12 (collectively, the supermarket retail shopping center with 53,558 "Shopping Center"), the Owner has agreed to t] particularly set forth herein, and has agreed to obligations with respect to the Property. Resolution, which approved Application Nos. "Application"), for development of a Publix square feet of Floor Area Ratio ("FAR") (the ie granting of certain easement rights, as more )e bound by certain covenants, restrictions and Publix Super Markets, Inc. Declaration of Restrictions and Grant of Easement CFN: 20170289515 BOOK 30543 PAGE 4999 2. Grant of Easements. Owner does hereby grant and convey to the City the following non-exclusive easements (collectively, the "Easements"): (i) a ten -foot (10') wide landscaping streetscape easement as per the City Streetscape Master Plan as described in the attached Exhibit `B" (the "Streetscape Easement"), and (ii) a fifty -foot (50') right-of-way easement for use by the public, vehicles, and pedestrians as described in the attached Exhibit "C" (the "Right -of -Way Easement") located on the western side of the Shopping Center, as set forth in the revised plans. Owner shall be entitled use portions of the Streetscape Easement for driveways/accessways as shown on the site plan approved pursuant to the Resolution, and other uses not inconsistent with this grant of Easements. The Easements shall be maintained in perpetuity by Owner for as long as it owns the Property and shall then be maintained by Owner's successor in ownership. Owner shall maintain the western portion of the development property (the "Waterfront Parcel"), as set forth in the Resolution, in a park -like setting for the temporary period of time commencing after the construction of the Shopping Center, and only until such time that the City has issued a building permit for the construction and/or development of the Waterfront Parcel. The park -like setting shall be constructed no later than sixty (60) days after Temporary Certificate of Occupancy ("TCO") or Certificate of Occupancy ("CO") is issued for the Shopping Center. Owner's compliance with the terms of this paragraph shall be deemed to satisfy that requirement V.13.21. in that certain Resolution No. 14-Z-141 of the City Commission of the City of Sunny Isles Beach, Florida, approving a site plan application (PZ2014-05) submitted by Owner that was passed and adopted on July 17, 2014. 3. Design, Construction, Maintenance, Insurance and Restoration of Easements and Improvements. (A) Design and Construction. Owner and its successors and assigns or any condominium or master owners' association managing the common areas of the Property, shall have the exclusive right to design, build, furnish and maintain any and all improvements not shown on the site plan approved by the Resolution (including but not limited to landscaping, irrigation and lighting) located within the Easements, subject to the approval of the City Manager, in his sole and reasonable discretion. The design of any and all materials to be used and of any and all improvements within the Easements shall be presented to the City for its approval prior to construction of such improvements, which approval shall not be unreasonably withheld or delayed. The design and construction of the Easements shall comply with applicable law. Prior to the issuance of the Certificate of Occupancy, Owner shall plant landscaping and install improvements on the Easements as approved by the City. If the landscaping dies or fails to thrive during the first two years from completion of the initial installation of the landscaping, Owner shall replace it with landscaping of equivalent species and size. (B) Maintenance. 2 CFN: 20170289515 BOOK 30543 PAGE 5000 The Easements, any and all public amenities, and all improvements which may be constructed on the Easements from time to time, shall be maintained by the fee owner of such Easements, and their successors and assigns, in good condition and in a safe, clean and attractive manner and to a standard reasonably acceptable to the City Manager. After any landscape or other installation within the Easements or any subsequent repairs and/or maintenance thereof, the Owner shall restore the surface of the Easements, as applicable, as near to its original conditions as may be possible, all within a reasonable time after the installation, repair and or maintenance of such activity described above. In the event that Owner, or its successors or assigns, as the case may be, fails to restore or commence restoration and diligently pursue same, after receipt of thirty (30) days' written notice from City to Owner, or its successors or assigns, as the case may be, of such failure, then the City may restore the Easements to their required condition (the "City's Right to Restore") and thereafter the then Owner of the affected Easement shall reimburse City for the reasonable actual costs of such restoration within thirty (30) days following receipt by such Owner of a reasonably documented invoice (the "Invoice") for same. In the event reimbursement is not received by the City within the required time, City may then place a lien against the affected portion of the Property for the cost as documented in the Invoice. Grantor agrees that the City's lien shall be on a parity with special assessment liens and superior to all other liens excepting those of taxing authorities (C) Insurance Owner, for itself and its successor and assigns, has agreed, to self -insure for the type and not less than the amount of insurance required below, during the term of this Declaration. In the event Owner, including its successor and assigns, determines to no longer self -insure during the term of this Declaration, insurance coverage in the type and not less than the amount provided below shall be purchased by Owner, including its successor and assigns, and a Certificate of Insurance shall be provided to the City's City Manager prior to such termination of the self- insurance. For so long as Owner is a publicly reporting company and submits quarterly 10-Q and annual 10-K filings to the Securities Exchange Commission, the City shall look to such filings for proof that Owner has sufficient resources to support its self-insurance in the amount set forth below; provided, if Owner ever ceases to be a publicly reported company, Owner shall provide written proof of Owner's resources to the City to support self-insurance and compliance with the insurance amount below. For purposes of this Declaration, Owner's resources shall be deemed sufficient as long as Owner's net worth is at least $100,000,000. If Owner is no longer self -insured, the Owner, and its successors and assigns in and to the portion of the Property subject to the Easements, shall procure and maintain Public Liability Insurance on a comprehensive basis in an amount not less than One Million Dollars combined single limit and an aggregate of not less than Three Million Dollars for bodily injury and property damage arising from Owner's negligence or willful misconduct in the maintenance and operation of the Easements. The policy shall list the City as an additional insured. The policy shall include Products Liability coverage if and when applicable. No modification, change, or cancellation of insurance shall be made without thirty (30) days written advance notice to the City Manager with a copy to the City Attorney. The Public Liability Insurance coverage shall include those classifications as listed in Standard Liability Insurance Manuals, which are applicable to the operations of Owner, its successor and assigns in the performance of this Declaration. All insurance policies required above shall be issued by companies authorized to do CFN: 20170289515 BOOK 30543 PAGE 5001 business under the laws of the State of Florida. Such companies shall have a general policy holders' rating of "A" or better and a financial rating of not less than "Class W as reported by Best's Key Rating Guide, published by A.M. Best Company, latest edition. This insurance shall be in effect as long as this Declaration exists. Failure to continue to provide the insurance coverage shall constitute a violation of this Declaration. Compliance with the foregoing requirements shall not relieve Owner, its successors or assigns of its liability and obligations under this section or any other portion of this Declaration. 4. Effective Date. These grants of Easements shall not become effective until the City issues a final certificate of use and occupancy for the development approved under the Resolution, as modified by any subsequent substantial compliance approval, or as such other plans are approved at public hearing consistent with this Declaration. 5. Reservation. Owner hereby reserves all rights of ownership in and to the property underlying the Easements (the "Easement Parcels") which are not inconsistent with this Declaration, including, without limitation: (a) the right to grant further non-exclusive easements on, over, under and/or across the Easement Parcels (i.e., utility and/or access easements); (b) the right to use the Easements for all uses not interfering or inconsistent with the uses permitted herein, including, but not limited to: vehicular access and ingress and egress to, over and from the Easement Parcels and the Property; service access to, over and from the Easement Parcels and the Property; installation, maintenance and use of utility facilities and access therefore and maintenance thereof; the right to conduct any activity upon the Easements which promotes the security of the Easements or the Property or any persons or property located thereon, and the right to construct and maintain any signs within the Easements as may be permitted by applicable law; and (c) the exclusive right subject to the City's Right to Restore, to design, build, furnish and maintain any and all improvements (including, but not limited to, landscaping and lighting) located within the Easements. Prior to its exercise of those rights set forth in (a), (b) or (c) of this paragraph 5, other than the granting of such easement to governmental or quasi - governmental authorities or departments, or to Grantor's future successors or assigns, Owner shall obtain the approval of the City Manager, who shall determine, in his sole and reasonable opinion, whether the proposed grant, use, or other activity is inconsistent with the grant of easements set forth herein and in Resolution. 6. Indemnification. Owner, for itself and its successors and assigns, hereby agrees, for separate good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, to jointly and severally indemnify, defend and hold harmless the City (and all of its members, officers, directors, employees, successors and assigns, and consultants (the "City Related Parties")) against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorney's fees and cost whether suit be brought or any appeals be taken therefrom) arising from, growing out of or connecting in any way to the Declaration or the maintenance and operation of the Easements by the Owner; provided, Owner shall not be have no duty to indemnify the City and the City Related Parties for any matters arising from the negligence or intentional misconduct of the City or the City Related Parties (acting within the scope of their respective relationships with the City). Notwithstanding any of the foregoing to the contrary, Owner's or each of its successors or assigns obligation to indemnify under this 4 CFN: 20170289515 BOOK 30543 PAGE 5002 Section 6 shall be limited to the time period each such Owner is the actual fee title owner of the affected Easements. 7. Sale of beer and wine. Owner agrees to sell only beer and wine at the Publix Super Market commercial retail shopping center unless a conditional use application is granted to sell liquor. 8. Undererounding of Utility Lines. Owner shall be responsible for undergrounding all utility lines along 183rd Street to the eastern boundary of the Property. The City shall be responsible for undergrounding the utility lines from the eastern boundary of the Property to the intersection of the north right-of-way line of 183rd Street and the west right-of- way line of Collins Avenue (along the south boundary of the gas station property located adjacent to the east boundary of the Property); and Owner shall be responsible for the actual cost thereof. Owner has provided to the City an escrow deposit of Two Hundred Thousand Dollars ($200,000.00) (the "Deposit") for the cost of undergrounding the utility lines. Within sixty (60) days after the completion of the undergrounding of such utilities by the City, the City shall provide to Owner such documentation as is reasonably required to determine the actual cost of such undergrounding. If the actual costs of undergrounding the utility lines adjacent to the gas station property exceed the Deposit, the City shall be entitled to retain the Deposit and Owner shall pay the City the outstanding difference within forty-five (45) days of receipt of the documentation described above. Should the cost of the undergrounding be less than the Deposit, the City shall deduct from the Deposit and retain the actual cost of undergrounding, and shall send a refund for the remainder to the Owner along with the documentation described above. 9. City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City of Sunny Isles Beach Building and Zoning Department, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the Property to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with; provided, however: (i) such inspector may notify or, in the case of an emergency, attempt to notify the store manager at the Publix supermarket; (ii) the inspectors may identify themselves to such person upon entering the premises; and (iii) the inspectors shall only be permitted in food preparation areas or in the pharmacy while accompanied by the store manager or other person in charge or their designated representative. 10. Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon Owner, and its heirs, successors and assigns (including, without limitation, any ensuing condominium association or operator of the Property) until such time as the same is modified or released. These restrictions, during their lifetime, shall be for the benefit of, and limitation upon, all present and future owners of the Property. However, nothing contained in this Declaration shall create a public dedication of all or any portion of the Property. 11. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded, after which time it shall be extended automatically for successive periods of ten (10) CFN: 20170289515 BOOK 30543 PAGE 5003 years each unless an instrument signed by a majority of the, then, owners of the Property has been recorded agreeing to change, the Declaration, in whole, or in part, provided that the Declaration has first been modified or released by the City in the manner set forth in this Declaration. . 12. Modification, Amendment, Release. The Easements granted in this Declaration shall be perpetual in duration, and shall not be changed, altered or amended except by instrument in writing executed by the Owner or a majority of the then owners (however, in the case of a condominium development, the applicable condominium association shall be the authorized representative of the condominium unit owners) and the City and their respective successors and assigns, provided that the same is also approved by the City Commission after public hearing. Any ensuing operator or condominium or master owners' -association with valid authority to act on behalf of the majority of the owners of the Property may execute the amending instrument upon submission of proof of authority to act on behalf of a majority of the owners. Should this Declaration be so modified, amended or released, the City Manager or such authorized designee shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 13. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants, terms or provisions of this Declaration. The prevailing party in any action or suit, pertaining to or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney at trial and appellate levels. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. 14. Authorization for Department of Building and Zoning, to Withhold Permits and Inspections. In the event of a failure to comply with the ' terms of this Declaration, in addition to any other remedies available, the City is hereby authorized to withhold any further permits and refuse to make any inspections or grant any approvals requested by the owner of the portion of the Property that is in non-compliance, until such time as the failure to comply is cured. 15. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 16. Severability. Invalidation of any one of these covenants, by judgment or Court, or law, shall in no way affect any of the other provisions of this Declaration, which shall remain in full force and effect. J�N WITNESS WHEREOF, Grantor has executed and Grantee accepts this Declaration this of 2017. G CFN: 20170289515 BOOK 30543 PAGE 5004 WITNESSES: ON1 ►���, Printed 1 .. �1 Printe ame. Cayla Connell STATE OF FLORIDA ) )ss. COUNTY OF POLK ) PUBLIX SUPF# MARKETS, INC. a Florida corp ation By: Jef r ham eI ain Se for Vice President Date: The foregoing Agreement was acknowledged before me this day of 2017, by Jeffrey Chamberlain as Senior Vice President of Publix Super Markets, Inc., a Florida corporation. He personally appeared before me and is personally known to me or has produced as identification. o�Pav a��i, KAYI.A PINKERMAN * * MY COMMISSION # FF 983MI N9 ,41 EXPIRES: April 18, 2020 of FI-°;' Bonded Thru Budget Notary Services Not ry Pu c, State of Florida Kayla Pinkerrnan My commission Expires: 7 CFN: 20170289515 BOOK 30543 PAGE 5005 Parcel 1: Parcel 2: EXHIBIT "A" Legal Description of Property Legal description of a part of the South 300 Feet of Tract "N" amended Plat of North Biscayne Beach, as recorded in Plat Book 44, at Page 42, of the Public Records of Dade County, Florida, described by Metes and Bounds as follows: Commence at the Southeasterly corner of said Tract "N" and run N. 90 degrees W. Along as assumed bearing along the Southerly line of Tract "N" along the Northerly right-of-way line of North 183rd Street a distance of 125.00 Feet to the point of Beginning (POB) of Parcel 1: Thence continue along the last mentioned course a distance of 342.17 feet; Thence run N. 0 degree E. a distance of 300 feet to the Northerly line of the South 300 feet of Tract "N"; Thence run N. 90 degrees E. along said Northerly line a distance of 499.26 feet to the Easterly line of Tract "N" also being the Westerly right-of-way line of Collins Avenue (State Road A-1-A) thence run S. 6 degrees 06'20" along said Easterly line of Tract "N" and the Westerly Right -of -Way of Collins Avenue a distance of 126.71 feet; thence run N. 90 degrees W. a distance of 125 feet; thence run S. 63 degrees 06' 20" W. (DEED), S. 6°06'20" W. (FIELD), a distance of 175 feet to the point of beginning (POB). Legal description of a part of Tract "N", amended Plat of North Biscayne Beach, as recorded in Plat Book 44, at Page 42, of the Public Records of Dade County, Florida, more particularly described by metes and bounds as follows: Commence at the Southeasterly corner of said Tract "N" and run N. 90 degree W. along and assumed bearing along the Southerly line of Tract "N" along the Northerly line of North 183rd Street 467.17 feet to the point of beginning (POB) of Parcel No. 2; thence continue along the last mentioned course 129.82 feet to the Easterly shore of North Biscayne Bay; thence run N. 8 degrees 30' E. along the Easterly Shore of North Biscayne Bay along the water face of the concrete bulkhead 303.33 feet to the Northerly line of the South 300 feet of Tract "N'; thence run N. 90 degrees E. along said Northerly line 84.99 feet; thence run S. 0 degrees E. 300 feet to the point of beginning (POB). (End of Exhibit "A') CFN: 20170289515 BOOK 30543 PAGE 5006 DATE:06-03.2017 8.0308 EXHIBIT "B" EXHIBIT "BI1 STREETSCAPE EASEMENT SURVEYORIS NOTES: 1. EASEMENTS, RESTRICTIONS AND LIMITATIONS OF RECORD, IF ANY, ARE NOT SHOWN. 2. RIGHT—OF—WAY INFORMATION OBTAINED FROM RECORDED PLAT. 3. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYORS AND MAPPERS. 4. THIS IS NOT A BOUNDARY SURVEY. 5. BEARINGS ARE REFERENCED TO THE SOUTH BOUNDARY LINE OF TRACT "N". LEGEND: P.B.= PLAT BOOK PG.= PAGE U.E.= UTILITY EASEMENT P.O.B.= POINT OF BEGINNING P.O.C.= POINT OF COMMENCEMENT P.O.T.= POINT OF TERMINUS SEC.= SECTION TWP.= TOWNSHIP RGE= RANGE CERTIFICATE NOTE: I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS DELINEATED UNDER MY DIRECTION ON MAY 3rd, 2017. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO RULE 5J-17.05 OF THE FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTING LAW, CHAPTER 472.027 FLORIDA STATE STATUTES, EXHIBIT B LOUIS J. LEBRON PROFESSIONAL SURVEYOR AND MAPPER, REGISTRATION No. 4428 STATE OF FLORIDA LOUIS J. LEBRON P.S.M. 6460 SW 138th COURT, MIAMI. FL 33183 TEL: 305,9160665 E-MAIL: SURVEYORMAPPER@YAHOO.COM SHEET: 1 OF 3 SHEETS CFN: 20170289515 BOOK 30543 PAGE 5007 DATE: 05-03-2017 B•0308 EXHIBIT "B" EXHIBIT "B" STREETSCAPE EASEMENT 25 NORTH 6/SCA Y/ yE Bq Y N 08°30'00",E 303 33' y 10.00' \-WEST % — LINE TRACT "Nu cr w ATLANTIC I WATERFRONT BOULEVARD 'Poo. — — Ste. avro s'P3+� Y S SOUTH 244.62' O Z I sr8s�78+� -„ p NORTH 258.36' � rrnn � y SOUTH 300.00' OP TRACT "N" �c I m 40 .14 rn yI w m yl 0' STREETSCAPE EA5EM ENT PUBLIX PARCEL O 0) nO =y I �7y25' S 06006'20" W 175 00 Z rn I Y ' (F/ELD) z § ci co y rn O~ P ® D I' " mp SE CORNER OF TRACT "N" ---__ S 06°06'20 126.71' � COLLINS AVENUE (SR A-1.A) LOUIS J. LEBRON P.S.M. 6460 SW 138th COURT, MIAMI, FL 33183 EXHIBIT B E-MAIL: SURVEYORMAPPER@YAHOO,COM AN apt-iD— SCALE 1"=100' EASTERLY S WATER FACE OF CONCRETE BLI O qp Ti — --� NORTH 250' 1 TRACT "N" c v o 1 � m z a 0 771 co �I o rn 170D O� _ r r 0 rn O Irn O 0 -n z _o I = I � 21 r Z rn O n 0 4 SHEET: 2 OF 3 SHEETS CFN: 20170289515 BOOK 30543 PAGE 5008 DATE: 06-03.2017 8-0308 EXHIBIT "B" EXHIBIT °BII STREETSCAPE EASEMENT LEGAL DESCRIPTION: STRIPS OF LAND 10 FEET WIDE FOR 5TREET5CAPE PURPOSES MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 10 FEET AND THE MOST EASTERLY 10.00 FEET OF THE LAND CONVEYED PURSUANT TO THAT CERTAIN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 18104, PAGE 245 1, PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA (WHICH LEGAL DESCRIPTION I5 5ET FORTH ON EXHIBIT A TO TH15 DECLARATION). LE55 AND EXCEPT, THE LAND REFERRED TO IN TH15 DECLARATION A5 THE RIGHT -OP -WAY EASEMENT (WHICH LEGAL DESCRIPTION 15 SET FORTH ON EXHIBIT C TO THIS DECLARATION). LOUIS J. LEBRON P.S.M. SHEET: 3 6460 SW 138th COURT, MIAMI, FL 33183 TEL: 306.0160666 EXHIBIT B E-MAIL; SURVEYORMAPPERGYAHOO,COM OF 3 SHEETS CFN: 20170289515 BOOK 30543 PAGE 5009 DATE: OM2-2017 S-0308 EXHIBIT"C" EXHIBIT "C" RIGHT OF WAY EASEMENT SURVEYOR'S NOTES: 1. EASEMENTS, RESTRICTIONS AND LIMITATIONS OF RECORD, IF ANY, ARE NOT SHOWN. 2. RIGHT—OF—WAY INFORMATION OBTAINED FROM RECORDED PLAT. 3. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYORS AND MAPPERS. 4. THIS IS NOT A BOUNDARY SURVEY. 5. BEARINGS ARE REFERENCED TO THE SOUTH BOUNDARY LINE OF TRACT "N". LEGEND: P.B.= PLAT BOOK PG.= PAGE U.E.= UTILITY EASEMENT P.O.B.= POINT OF BEGINNING P.O.C.= POINT OF COMMENCEMENT P.O.T.= POINT OF TERMINUS SEC.= SECTION TWP.= TOWNSHIP RGE= RANGE CEKTIFICATE NOTE: I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS DELINEATED UNDER MY DIRECTION ON MAY 02nd, 2017. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO RULE 5J-17.05 OF THE FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTING LAW, CHAPTER 472.027 FLORIDA STATE STATUTES. EXHIBIT C LOUIS J. LEBRON PROFESSIONAL SURVEYOR AND MAPPER, REGISTRATION No. 4428 STATE OF FLORIDA LOUIS J. LEBRON P.S.M. 6460 SW 138th COURT, MIAMI, FL 33183 TEL: 306.8160606 E-MAIL; SURVEYORMAPPER@YAHOO,COM SHEET: 1 OF 3 SHEETS CFN: 20170289515 BOOK 30543 PAGE 5010 DATE: EXHIBI EXHIBIT "C" 5-0306 EXHIBIT"C" "C" RIGHT OF WAY EASEMENT BALANCE OF TRACT "N" I EAST PLAT BOOK 44, PAGE 42, 50.00' / MIAMI-DADE COUNTY RECORDS SCALE � Z 104.15' NORTH LINE OF �— 1"=60' THE SOUTH 300.00' OF TRACT "N" A m Z 1.- O Q W tL y N L Q I W C� M cn O N r� :�X Q m Q PUBLIX Z W I 3 Ln m PARCEL o 4 p Z OQ� y o 41 o WATERFRONT Z 2 PARCEL a z o W JI P.O.C. v° SE CORNER OF '; y��'yk TRACT "N" GJ O �O SOUTH LINE 115.83' 58.23' S Y TRACT "N" " 5 P.O.B.- WEST 481.06' N 01I N N I NORTH 183rd STREET C� NORTH Ul Q RIGHT-OF-WAY LINE W J Q m LOUIS J. LEBRON P.S.M. SHEET: 2 6460 SW 138th COURT, MIAMI, FL 33183 TEL: 305.9150665 EXHIBIT C E-MAIL: SURVEYORMAPPER@YAHOO.COM OF 3 SHEETS CFN: 20170289515 BOOK 30543 PAGE 5011 -0308 EXHIBIT " EXHIBIT nnn 5-0308 EXHIBIT "C" RIGHT OF WAY EASEMENT LEGAL DESCRIPTION: LEGAL DESCRIPTION OF A PART OF THE SOUTH 300 FEET OF TRACT "N", "AMENDED PLAT OF NORTH B15CAYNE BEACH", AS RECORDED IN PLAT BOOK 44, PAGE 42, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCE AT THE SOUTHEASTERLY CORNER OF SAID TRACT "N"; THENCE RUN WEST ON AN ASSUMED BEARING ALONG THE SOUTHERLY LINE OF TRACT "N", ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF NORTH 183rd STREET, A DISTANCE OF 48 I .OG FEET TO THE POINT OF BEGINNING (POB) OF THE FOLLOWING DESCRIBED RIGHT-OF-WAY EASEMENT; THENCE NORTH 30054'33" EAST A DISTANCE OF G4.55 FEET; THENCE NORTH A DISTANCE OF 244.G2 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 300 FEET OF SAID TRACT "N"; THENCE RUN EAST ALONG SAID NORTH LINE A DISTANCE OF 50.00, THENCE RUN SOUTH A DISTANCE OF 258.3G FEET; THENCE SOUTH 30°54' 18" WEST A DISTANCE OF 48.53 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "N", ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF NORTH 1 83rd STREET; THENCE RUN WEST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 58.23 FEET TO THE POINT OF BEGINNING (POB). LOUIS J. LEBRON P.S.M. SHEET: 3 6460 SW 138th COURT, MIAMI, FL 33183 TEL: 306.9.160665 EXHIBIT C E•MAIL: SURVEYORMAPPERQYAHOO,COM OF 3 SHEETS I 11111111111 11111 11(11 1(111 11111 11111 1(11 II I1 CFN 2O18RO5659O5 OR BK 31143 P9s 4661-4666 (6F'9s) This instrument prepared b 'i.F{a3R;'f� I CIS`r 1 i''','.i 18 'L;01 4 ,. P P y: HARV...tf 5'ii1 I¢l, CLERK K. OF COURT IT{:i.T--C! 4;+1;: ( O11NT`r< FI..ORT ;sA Hans Ottinot,City Attorney Office of the City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 When recorded,return to: Mauricio Betancur, CMC,City Clerk Office of the City Clerk City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles,Florida 33160 (Space Reserved for Clerk of Court) FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENT WHEREAS, Publix Super Markets, Inc., a Florida corporation authorized to do business in Florida, ("Owner" or"Grantor") is the owner of certain real property legally described in Exhibit "A" in the Declaration of Restrictions and Grant of Easements recorded on May 23, 2017 (the"Property"), lying, being and situated in Sunny Isles Beach, Miami-Dade County, Florida. WHEREAS, In accordance with Resolutions No. 14-Z-141 and No. 15-Z-155 adopted by the CITY OF SUNNY ISLES BEACH (the "City" or "Grantee"), on July 17, 2014 and July 16, 2015, respectively (collectively, the "Resolution"), Owner, for itself and its successors and assigns, made and entered into that certain Declaration of Restrictions and Grant of Easements recorded May 23, 2017, in Official Records Book 30543, page 4998, public records of Miami-Dade County, Florida (the "Declaration")covering and running with the Property. WHEREAS, subsequent to the recording of the Declaration, certain matters require the amendment of certain provisions of the Declaration,as set forth in this First Amendment to Declaration of Restrictions and Grant of Easements(this"Amendment")as follows: 1. Exhibit "B"—Streetscape Easement. "Exhibit `B' - Streetscape Easement"attached to the Declaration is hereby deleted in its entirety and replaced with "Exhibit "B" — Streetscape Easement" attached to this Amendment; and all references in the Declaration to "Exhibit 'B"' or the "Streetscape Easement" shall hereinafter refer to Exhibit"B" attached to this Amendment. 2. Exhibit "C" — Right-of-Way Easement. "Exhibit `C' — Right-of-Way Easement" attached to the Declaration is hereby deleted in its entirety and replaced with "Exhibit `C' — Right-of-Way Easement" attached to this Amendment; and all references in the Declaration to "Exhibit `C"' or the "Right-of-Way Easement" shall hereinafter refer to Exhibit"C"attached to this Amendment. 3. Ratification. The terms and provisions of the Declaration, as modified by this Amendment, are hereby ratified and affirmed by the parties hereto. Publix Super Markets. Inc.Declaration of Restrictions and Grant of Easement E 4. Definitions; Effect on Declaration. All capitalized terms in this Amendment, unless otherwise defined or modified herein, shall have the same meaning as set forth in the Declaration. Except as modified herein, the Declaration remains unchanged. In the event of a conflict between the Declaration and this Amendment,this Amendment shall control and govern. 5. Severability. Invalidation of any one of these covenants, by judgment or Court, or law, shall in no way affect any of the other provisions of this Declaration, which shall remain in full force and effect. IN-A�'IT SS WHEREOF,Grantor has executed and Grantee accepts this Declaration this �ji of .(�f.GGar , 2018. WITNESSES: PUBLIX SUPER MARKETS,INC. a Florida corporation Al-\1\jvcr,ki&midi -wi,,,,,- ^U' Printed Name:M►Clue, - h i II 1,lOpi By'. William W. Rayburn,ç44 Vice President of Real Estate Assets Date: O?4G 2Cl> Printed ame: A41:2261,10:f4y STATE OF FLORIDA ) )ss. COUNTY OF POLK ) The foregoing Agreement was acknowledged before me this (f✓ day o , 2018, by William W. Rayburn, IV, as Vice President of Real Estate Assets of Publix Super Market nc., a Florida corporation. He personally appeared before me and is personally known o me. etilk, PATRICIA otary Public, State of Florida i • % My commission Expires: 2 EXHIBIT "B" - STREETSCAPE EASEMENT SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. mg 5381 NOB HILL ROAD mg SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E—MAIL: surveysapulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 EGAL DESCRIPTION: PORTIONS OF THE SOUTH 10 FEET AND THE MOST EASTERLY 10 FEET OF THE SOUTH 300 FEET OF TRACT N, "AMENDED PLAT NORTH BISCAYNE BEACH", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44, PAGE 42, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT N; THENCE NORTH 06°06'20" EAST ALONG THE EASTERLY LINE OF TRACT "N", ALSO BEING THE WESTERLY RIGHT—OF—WAY LINE OF COLLINS AVENUE (STATE ROAD A-1—A) 175.00 FEAT TO POINT OF BEGINNING 'A'; THENCE NORTH 90'00'00" WEST 10.06 FEET; THENCE NORTH 06'06 20" EAST ALONG A LINE LYING 10.00 FEET WESTERLY OF AND PARALLEL TO SAID EASTERLY LINE AND SAID WESTERLY RIGHT—OF—WAY LINE 126.71 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 300 FEET OF SAID TRACT N; THENCE SOUTH 90'00'00" EAST ALONG SAID NORTH LINE 10.06 FEET; THENCE SOUTH 06'06'20" WEST ALONG THE AFOREMENTIONED EASTERLY LINE AND WESTERLY RIGHT—OF—WAY LINE 126.71 FEET TO POINT OF BEGINNING 'A' TOGETHER WITH: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT N; THENCE NORTH 90°00'00" WEST ALONG THE SOUTH LINE OF SAID TRACT N, ALSO BEING THE NORTH RIGHT—OF—WAY LINE OF 183rd STREET (NORTH BAY ROAD) 125.00 FEET TO POINT OF BEGINNING 'B'; THENCE CONTINUE NORTH 90°00'0 " WEST ALONG SAID SOUTH LINE AND SAID NORTH RIGHT—OF-WAY LINE 273.31 FEET TO A REFERENCE POINT; THENCE NORTH 00'00'00" EAST 10.00 FEET; THENCE SOUTH 90'00'00" EAST ALONG A LINE LYING 10.00 FEET NORTH OF AND PARALLEL TO SAID SOUTH LINE AND SAID NORTH RIGHT—OF—WAY LINE 274.38 FEET; THENCE SOUTH 06'06'20" WEST 10.06 FEET TO POINT OF BEGINNING 'B'. TOGETHER WITH: COMMENCING AT THE AFOREMENTIONED REFERENCE POINT; THENCE NORTH 90'00'00" WEST ALONG THE SOUTH LINE OF SAID TRACT N, ALSO BEING THE NORTH RIGHT—OF—WAY LINE OF 183RD STREET (,NORTH BAY ROAD) 49.70 FEET TO POINT OF BEGINNING 'C'; THENCE CONTINUE NORTH 90'00'00 WEST ALONG SAID SOUTH LINE AND SAID NORTH RIGHT—OF-WAY LINE 148.98 FEET TO THE EASTERLY SHORE OF NORTH BISCAYNE BAY; THENCE NORTH 08'30'00" EAST ALONG THE EASTERLY SHORE OF NORTH BISCAYNE BAY, ALONG THE WATER FACE OF A CONCRETE BULKHEAD 10.11 FEET; THENCE SOUTH 90°00'00" EAST ALONG A LINE LYING 10.00 FEET NORTH OF AND PARALLEL TO SAID SOUTH LINE AND SAID NORTH RIGHT—OF—WAY LINE 147.49 FEET; THENCE SOUTH 00'00'00" WEST 10.00 FEET TO POINT OF BEGINNING 'C'. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF SUNNY ISLES BEACH, MIAMI—DADE COUNTY, FLORIDA AND CONTAINING A TOTAL OF 5,488 SQUARE FEET, MORE OR LESS. NOTES: 1) BEARINGS ARE BASED ON THE SOUTH LINE OF TRACT N, BEING ASSUMED N90'00'00"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. !FILE: J RAYMOND CONSTRUCTION SH 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR SCALE: N/A I DRAWN: L.S. i ° COMPLETE WITHOUT SHEETS 1 AND 2 ORDER NO.: 64932D `'." DATE: 7/19/18 e, �4 J' ,� 4 STREETSCAPE EASEMENT JOHNS *F N VEYOR AND MAPPER LS2691 0 BETI-C PR A; FtSi'tQQNAL,€URVEYOR AND MAPPER LS6136 SUNNY ISLES, MIAMI-DADE COUNTY, FLORIDA ❑ VICTOR BBB T; OFES OVAL- SURVEYOR AND MAPPER LS6274 STATE OF F.LORIDI-'o` `FOR: PUBLIX SUNNY ISLES r.� J EXHIBIT "B" - STREETSCAPE EASEMENT SKETCH AND LEGAL DESCRIPTION INI BY PULICE LAND SURVEYORS, INC. pi $ 5381 NOB HILL ROAD pLs SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E-MAIL: surveys®pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 — — NORTH UNE � 185th STREET TRACT N I I N I S90°00100"E 10.06' I NORTH UNE SOUTH 300 - TRACT N W $ J Co N?WJW �r4 _ sii I W �P,-N. GL POINT OF z "rt. J\� � q\.,4c BEGINNING'A' = V i. Op k, P 10 Q Qc , � � Q Qap # QQ4<& u" N90°00'00"W 10.06' � •� o !26 QO� )�0 w 4,*RSS" � 0 z o W ' � 0 .,;; <Z\' P);i I;C-a p Z 8 Ill W g �O Ob E L., ONO O o o Ns 8 c_v POINT OF N . CO K� ig OMMENCEMENT o g POINT OF b rn $ POINT OF sE CORNER cfl G�o Z b SOUTH UNE , , TRACT N O Z TBEGINNING'C' z TRACT N BEGINNING B� N90'00'00"W so S90°00'00"E 147.49' 1 S90°00'00"E 274.38' 125.00' T'T1'0 0 TT .1: 'T: NORTH RIGHT- ''I'11 11 ' OF-WAYyNE _ N — U CI REFERENCEOINT ( - zW 183rd STREET (NORTH BAY ROAD) --I ¢m 1 I FILE: J RAYMOND CONSTRUCTION SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR SCALE: 1"=100' I DRAWN: L.S. COMPLETE WITHOUT SHEETS 1 AND 2 ORDER NO.: 64932D DATE: 7/19/18 STREETSCAPE EASEMENT SUNNY ISLES, MIAMI-DADE COUNTY, FLORIDA `FOR: PUBLIX SUNNY ISLES EXHIBIT "C" - RIGHT-OF-WAY EASEMENT SKETCH AND LEGAL DESCRIPTION 1 BY PULICE LAND SURVEYORS, INC. p`$ 5381 NOB HILL ROAD �$ SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E—MAIL: surveys Opulicelondsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 EGAL DESCRIPTION: A PORTION OF THE SOUTH 300 FEET OF TRACT N, "AMENDED PLAT NORTH BISCAYNE BEACH", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44, PAGE 42, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT N; THENCE NORTH 90'00'00" WEST ALONG THE SOUTH LINE OF SAID TRACT N, ALSO BEING THE NORTH RIGHT—OF—WAY LINE OF 183rd STREET (NORTH BAY ROAD) 398.31 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 90'00'00" WEST ALONG SAID SOUTH LINE AND SAID NORTH RIGHT—OF—WAY LINE 49.70 FEET; THENCE NORTH 00'00'00" EAST 300.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 300 FEET OF SAID TRACT N; THENCE SOUTH 90'00'00" EAST ALONG SAID NORTH LINE 49.70 FEET; THENCE SOUTH 00'00'00" WEST 300.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF SUNNY ISLES BEACH, MIAMI—DADE COUNTY, FLORIDA AND CONTAINING 14,910 SQUARE FEET, MORE OR LESS. NOTES: 1) BEARINGS ARE BASED ON THE SOUTH LINE OF TRACT N, BEING ASSUMED N90°00'00"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. FILE: J RAYMOND CONSTRUCTION SH- 1 OF . °` ';NI ' 'G3GliNT IS NEITHER FULL NOR SCALE: N/A ' DRAWN: L.S. "i,. WITHOUT SHEETS 1 AND 2 ORDER NO.: 64468E DATE: 3/29/18; 5/9/18 ad RIGHT-OF-WAY EASEMENT ,e JOHN F. PU , 'PROF '4°,i IAL,A,VEYQR :AND MAPPER LS2691 0 BETH BU' PROFESSIDNAL 55LlE� YOR-AND Tv1APPER LS6136 SUNNY ISLES, MIAMI-DADE COUNTY, FLORIDA 0 VICTOR R. GILBERT, PRO,ESSI6 lAL SP VI rYOR'AND MAPPER LS6274 STATE OF FLORIDA 0. EL( `FOR: PUBLIX SUNNY ISLES ° i so EXHIBIT "C" - RIGHT-OF-WAY EASEMENT '° . 111.111 +¢ . SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 0- 5381 NOB HILL ROAD pu$ l i SUNRISE, FLORIDA 33351 ' r TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E—MAIL: surveys Opulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 — — NORTH T N LINER — 185th STREET I TRAC 1.:, II 0J m — .S90 ' NORTH LINT_ (L S TRACT N Z TRACT Z45) I $ 50.-►. CO i c gFill o PG�P<P''�t�' Q Sz Q Q z :„oi, -.; a 0 r, y ��0� 'Z ' W z $ O '\ -'� Q F� I Q� Q ii,1 cn 0 I POINT OF COMMENCEMENET I STTCT IN\ T N90°00100"W 49.70' _ 1 of AYIJC,(HNE _N90'00'00"W 398.31' I. U cal BEGINNIOINT NG (� T zW 183rd STREET (NORTH BAY ROAD) e I ¢m 1 FILE: J RAYMOND CONSTRUCTION SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR SCALE: 1"=100' I DRAWN: L.S. COMPLETE WITHOUT SHEETS 1 AND 2 ORDER NO.: 64468E DATE: 3/29/18; 5/9/18 RIGHT-OF-WAY EASEMENT SUNNY ISLES, MIAMI-DADE COUNTY, FLORIDA `FOR: PUBLIX SUNNY ISLES l