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HomeMy WebLinkAboutResolution Zoning 01-Z- 58 RESOLUTION NO. Ol-Z-58 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE REQUEST OF NEW BEACHARBOUR, INC., FOR ZONING VARIANCES, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, New Beacharbour, Inc., applied for the following: 1 Use Variance to permit a proposed development with a density of 67 units per acre (56 units per acre permitted with bonuses). 2. Non Use variance of Floor Area Ratio (F.A.R.) to permit a proposed development with a total F.A.R and bonuses of 4.21 (maximum 2.5 F.A.R. and possible F.A.R bonuses for a total F.A.R. of 2.88 permittedX30% amenities bonus pursuant to Section 33-222(4)(b)(i) is calculated in the total bonus and floor area ratio). 3. Non Use Variance of setback requirements to permit proposed building setback varying 25 feet ( 81 feet required) from the interior side (south) property line and setback 75 feet ( 81 feet required) from the interior side (north) property line. 4. Non Use Variance of Zoning Regulations requiring no more than 50% (150 feet) of the width of the site to be obstructed by buildings exceeding an elevation of 20 feet above grade to waive same; to permit the proposed building to obstruct 200 feet the width of the site. 5. Non Use Variance of Parking Regulation to permit 362 parking spaces (392parking spaces required) and to permit 37 % of the parking to be tandem (20% permitted). LEGAL DESCRIPTION: Parcell. - The North 200 feet of Tract "H", of Amended Plat of North Biscayne Beach, recorded in Plat Book 44 at Page 42 of the public records of Miami Dade County, Florida. Parcel 2. - The North 100 feet of the South 300 Feet of Tract"H" of Amended Plat of North Biscayne Beach, recorded in Plat Book 53 Page 48 of the public records of Miami Dade County, Florida. Parcel 3. - Lot 12, Block 2, of Golden Shores, Ocean Boulevard Estates, Section "D", recorded in Plat Book 53 Page 48 of the public records of Miami Dade County, Florida. ADDRESS: 18925 Collins Avenue and west of Collins Avenue approximately 225 feet south of 189 St. And, WHEREAS, the applicant has withdrawn Request No. 1 from consideration by the Commission since staff has determined that it is unnecessary in order for the applicant to achieve the requested density; and Resolution No. 0 l-Z-58 New Beacharbour LMD:ch LegislationlResolutions/ Attorney 1 WHEREAS, the public hearing of the City Commission was advertised and held as required by law and all interested parties concerned in the matter were heard, and upon due and proper consideration having been given to the matter and to the recommendations of both the Zoning and Code Administrator and the Director of Community Planning and Development with respect to all requests: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: 1. Request number 1 is hereby withdrawn by the applicant and Request number 2 is hereby approved but modified to permit an FAR variance no higher than 3.8 subject to the conditions listed in paragraph 2 hereinbelow. 2. Request numbers 3 through 5 are hereby approved subject to the following conditions: a. That a site plan be submitted to and meet with the approval of the Building Official upon the submittal of an application for a building permit; said plans to include among other things but not limited to, location of structure or structures, types, sizes and location of signs, light standards, off street parking areas, exits and entrances, drainage, walls, etc. b. That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled "Ocean Three", prepared by Seiger, Suarez Architectural Partnership consisting of 29 sheets dated stamped received 01/25/01, as modified to address FAR change as set forth in paragraph 1 hereinabove. c. That the use be established and maintained in accordance with the approved plans. d. That the applicant submit to the Departments for review and approval a landscaping plan which indicates a 10 foot wide easement (such easement to be proffered by the applicant subject to Paragraph j hereinbelow) along Collins Avenue front setback to enable the undergrounding of utilities and implementation of the streetscape master plan. The type, size of plant materials, lighting and street furniture shall be in compliance with the streetscape master plan, prior to the issuance of a building permit, and shall installed prior to the issuance of a Certificate of Use and Occupancy. e. That the applicant submit a Declaration of Restrictive Covenants acceptable to the City, which provides for beach access and landscaping easements over, across, under and through the such easement parcels, as are shown on the approved plans, and that renders the applicant responsible for the maintenance of said easements. f. That the applicant submit, prior to the issuance of the Certificate of Occupancy, a Declaration of Restrictive Covenants providing for the planning and construction of a public park to be located on the west side of Collins Avenue in accordance with the legal description set forth in Exhibit "A." Said Declaration shall provide that prior to the issuance of the first certificate of occupancy for the project, but in any event, no later than 90 days following owner's acquisition of fee title to the Park Parcel, the Applicant Resolution No. OI-l-58 New Beacharbour LMD:ch LegislationlResolutions/ Attorney 2 shall deliver or cause to be delivered to the City, an improved park upon the real property more particular described on Exhibit "B" attached hereto' and by this reference made a part hereof (the "Park Parcel"). Prior to the issuance of a building permit for the construction of the Project, the Applicant will submit to the City for review and approval a landscaping and buildout plan for the Park Parcel. The Applicant shall be responsible, at the Applicant's sole cost and expense, for completing the construction of the landscaping and buildout Park Parcel, and upon completion, the Applicant shall convey or cause to be conveyed, good, marketable and insurable fee simple title to the Park Parcel to the City. Thereafter, the City shall be responsible for maintaining the Park Parcel and after its conveyance to the City. The deed to the Park Parcel shall provide that the Park Parcel shall revert back to the Applicant or grantor upon the Park Parcel ceasing to be used for public park purposes. g. That the applicant submits plans which meet with the approval of the Planning and Zoning Departments providing for permanent and safe access for pedestrian and vehicular traffic within the development, particularly for fire, police, health and sanitation and other public service personnel and vehicles. h. That the applicant must present evidence of performance to the Zoning and Code Administrator for the obligation required to qualify for the bonuses granted under this application. Unless modified at time of hearing the applicant will be responsible for the following Floor Area Ratio bonuses; beach and bay access, pedestrian safety program ($210,000), beach-walk, and Collins avenue setback, building amenities and for Density bonuses for local mass transit ($107,000), median landscaping ($107,000), beach renourishment ($107,000) and bus shelter as listed on the hearing plan. Additionally, no building permit shall issue unless or until all impact fees are fully paid. i. Except as otherwise provided to the contrary herein, that any Declaration of Restrictive Covenants, Easement and/or any other document required to be submitted as part of this approval, such documents must be furnished to the Zoning & Code Administrator within 15 business days of approval by the City Commission and subsequent to the lapse of the appeal period, if any. If the documents are not so provided within the specified time period said approval will lapse. j. That in the event of multiple ownership, a homeowners' association be established in accordance with applicable regulations to assure that all common areas and facilities for the use of the residents shall be maintained in continuous and satisfactory manner, and without expense to the general taxpayers of the City of Sunny Isles Beach. k. That the applicant complies with all conditions and requirements of the Department of Environmental Resources Management (DERM), the Fire Department and the Florida Department of Transportation. 1. That the applicant seeks to receive an approval from FDOT for any curb cuts on Collins A venue. In addition the applicant must seek to secure from FDOT and MDT A a bus shelter on the property to be able to take advantage of the bus shelter density bonus. Resolution No. Ol-Z-58 New Beacharbour LMD:ch LegislationlResolutions/ Attorney 3 n. That the applicant provides 24-hour valet parking for the residents. o. That the applicant obtain a Certificate of Use and Occupancy from the City, upon compliance with all terms and conditions, which Certificate of Use and Occupancy shall be subject to cancellation upon violation of any of the conditions. p. That the applicant provides a Declaration of Restrictive Covenants to provide a pro- rata share of undergrounding utilities along the frontage of the property on the public right of way, or the Applicant may underground on its own prior to issuance of a Certificate of Occupancy, and a pro-rata share for Collins Avenue beautification and for dedication of an easement for beach access as shown on the approved plans. q. The developer must agree to finance his pro-rata share of long-term beach re- nourishment costs that may be required as a consequence of the impacts that this development will have upon the erosion ofthe adjacent public beach. 3. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 22nd day of February, 2001 I" 1\.... \I , . . ,. ,~ . · A T'tfEST: I -' APPltOVED'AS TO FORM AND LEGAL SUFFICIENCY: <1~s~,~ :r~\o..J moved and ~S$\GN.\ ~~ seconded approval of the requested zoning modifications, and upon a roll call the vote was ~ in favor: Mayor Samson Vice Mayor Kauffman Commissioner Iglesias Commissioner Morrow Commissioner Turetsky -.Des_no --yes v' no xyes_no J,/yes_no --.0es_no Resolution No. OI-l-58 New Beacharbour LMD:ch LegislationIResolutions/ Attorney 4 STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, RICHARD BROWN-MORILLA, Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. OO-Z-58 adopted by the City Commission at its meeting held on the 22nd day of February, 2001 Issued this .Z~ day of n \ Ate. CH ,2001. .... "c.r' I;_\'~~ . -'.,7 j 4 r 'j' ". ) ~. -, #c .~ II.,.,;:'~, "., ,'" ... '1""'", ~!; ".. *.... t, t '. f .. ) ,. .. . ~}.~ '_r r.. ~ .". ~ .,.';, :' . ,P .,1," i' r, f') ,... .. '4o . Resolution No. OI-l-58 New Beacharbour LMD:ch LegislationIResolutionsl Attorney 5 EXHIBIT A The North 300 feet of Tract H of the "Amended Plat of North Biscayne Beach", according to the plat thereof, recorded in Plat Book 44, Page 42 of the Public Records of Miami-Dade County, Florida; and Lot 12, Block 2 of "Golden Shores, Ocean Boulevard Estate, Section "D", as recorded in Plat Book 53, Page 48, of the Public Records of Miami-Dade County, Florida, less all public rights of way. Exhibit "B" LE<.;Al. U~SCM ll"r I ON ...- . A portion of Lot 11, and a portion of Parcel D, Block 2 of OCEM BOULEVARD ESTATES SECTION A, 4ccordin9 to the Plat thereof, "8 recorded in PlAt Book 48 at page 39 of the P\lblic RecordH of Dade County, r lor ide . 8.in'~ more particular 1 y d..crlbed .. rollov. & Coaa.nce at the Northe.at corner of .aid Lot. 11, thence run West along the North line of ..Ld Lot. 11 for 93.75 ft. to the Point of BOCJinn1n9 o~ parcel of land hore1naft.er to be deacrib"d, t.hence cont.inue Wual .110n9 sai.d North line of Lot. 11. for 31.25 ft. to the Northwea t corner of said Lot 11, thenco run finulh 06-.06' -20. Weat alon9 West l1nu of said Lot. 11 for 100.57 ft. to the Southwest corner of H~id Lot 11 J thence run Eaat along the South .1ine of said Lot 11 for 62.50 ft. to a po1ntl thunco run Nort.h 11--36'-48" We.t for 102.09 ft. to the Point uf Beginning, tOCJether with a portion of ..id Parcel 0 be1n9 more particularly d..cr1b6d as follows: Coan.nce at t.he North..at corner of said Parcel OJ thonce run West a lont) the North 1 ine of oaid Parcel D for 62.50 ft. to the Point of Beginning of parcol of land hore! nafter to be. d('8cribed; thence continue ...et for 62.50 ft. to the Northw..t corner of .aid Parcel D J thence run South 0'--06' -20. W.et along the Heat line of .aid Parcel D for 50.28 ft. to ttle Southwe.t corner of aaiel 'arcel D, thence run' E4Mt 410"9 the South l1ne of .aid pare.l D for 78.]2 ft. to . point; thence run North 11--36'-48" wo.t. tor 5].04 ft. to the Point of Beginning- . . 111111I1111I11111111I1111I1111111111111I11111 This instrument prepared by (or under the supervision of), aM 'after recording should be returned to: Clifford A. Schulman, Esq. Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 CFN 2003R0756253 OR Bk 21730 P9S 0375 - 384; (10p9s) RECORDED 10/09/2003 12:24:37 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA S ace Reserved for Clerk of Court BEACH ACCESS AND LANDSCAPING EASEMENTS AGREEMENT THIS BEACH ACCESS AND LANDSCAPING EASEMENTS AGREEMENT (the "Agreement") is made and entered into as of the 28th day of April, 2003, by and between OCEAN THREE LIMITED PARTNERSHIP, a Florida limited partnership ("Grantor"), having an address of 2828 Coral Way, Penthouse Suite, Miami, Florida 33145, and THE CITY OF SUNNY ISLES BEACH, a municipal corporation existing under the laws of the State of Florida ("Grantee"), having an address of c/o City Manager, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33360. R g C ! ! A 1: S: WHEREAS, Grantor is the developer of a certain apartment project to be known as Ocean 3 located on that certain property lying and situate in Sunny Isles Beach, Miami-Dade County, Florida, and more particularly described on Exhibit "A" attached hereto (the "Project"); WHEREAS, Grantor is the owner of the portions of the Project more particularly described in (i) Exhibit "B" attached hereto and by this reference made a part hereof (the "Landscape Easement Parcel"), and (ii) Exhibit "C" attached hereto and by this reference made a part hereof (the "Beach Access Easement Parcel"). The Landscape Easement Parcel and Beach Access Easement Parcel are sometimes hereinafter collectively referred to as the "Easement Parcels;" and WHEREAS, in connection with Grantee's approval of the Project, Grantor has agreed to grant and create, and Grantee desires to obtain, on the terms and conditions hereinafter set forth, Easements (as hereinafter defined) over, across, under and through the Easement Parcels for the purposes hereinafter set forth. NOW THEREFORE, Grantor, in consideration of Ten ($10.00) Dollars, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. 2. Grant of Easements. a. Grantor hereby grants to Grantee a non-exclusive easement (the "Beach Access Easement") in favor of Grantee over, across, under and through the Beach Access Easement Parcel solely for: (i). pedestrian ingress and egress from Collins Avenue to the beach lying easterly of the Easement Parcels, and (ii). the personnel of the police and fire departments and other governmental authorities having jurisdiction over the Easement Parcels while engaged in the performance of their official duties. b. Grantor hereby grants to Grantee a non-exclusive easement (the "Landscape Easement") in favor of Grantee over, across, under and through the Landscape Easement Parcel solely for landscaping along the front 10 foot setback from Collins Avenue. c. The Beach Access Easement and Landscape Easement are sometimes collectively referred to herein as the "Easements." 3. Desiqn. Construction and Maintenance of Easement Parcels and Improvements. Grantor and its successors and assigns shall have the exclusive right to design, build, furnish and maintain any and all improvements (including but not limited to landscaping, irrigation and lighting) located within the Easement Parcels. The design of and any and all materials to be used for any and all improvements within the Easement Parcels shall be presented to the Grantee for its approval prior to construction of such improvements, which approval shall not be unreasonably withheld or delayed. Grantor shall at all times maintain the Easement Parcels (including any and all improvements which may be constructed thereon from time to time) in good condition and in a safe, clean and reasonably attractive manner. In the event that Grantor fails to maintain the Easement Parcels in the condition described in this Section 3, then the Grantee may give notice of default to the Grantor, and the Grantor shall have thirty (30) days following the date of receipt of such notice to restore the Easement Parcels to the required condition, or in the event the restoration cannot be completed within such thirty (30) day period, -2- to commence restoration and diligently pursue same to completion. In the event that the Grantor fails to restore or commence restoration and diligently pursue same within such thirty (30) day period, then the Grantee may restore the Easement Parcels to its required condition and thereafter, the Grantor shall reimburse the Grantee for the reasonable costs of such restoration within thirty (30) days following receipt by the Grantor of a reasonably documented invoice for same. Notwithstanding the foregoing, in the event that any repairs, replacements or maintenance is required as result of Grantee's misuse or neglect of the Easement Parcels, said repairs, replacements and/or maintenance shall be the obligation of the Grantee at the Grantee's sole cost and expense. 4. Mechanic's Liens. Grantee shall keep the Easement Parcels (and all portions thereof) at all times free of mechanics' and/or construction liens and any other liens for labor, services, supplies, equipment or materials purchased or procured, directly or indirectly, by or for Grantee. Grantee agrees that it will promptly pay and satisfy all liens of contractors, subcontractors, mechanics, laborers, materialmen and others of like character, and will indemnify the Grantor against all liabilities, expenses, costs and charges, including, without limitation, bond payments for release of liens and attorneys' fees and costs reasonably incurred in and about the defense of any suit in discharging the Easement Parcels (or any portion thereof) from any liens, judgments or encumbrances, caused or suffered by or through Grantee. In the event any such liens shall be made or filed, Grantee shall bond against or discharge same within thirty (30) days after receiving written notice of the filing of same. Grantee shall not have any authority to create any liens for labor or material on the Easement Parcels and all persons contracting with Grantee for the performance of any services, supply of any materials or provision of any labor for any work done in, on or around the Easement Parcels, and all materialmen, contractors, suppliers, mechanics and laborers are hereby charged with notice that they must look solely to Grantee to secure payment of any bill for work done or materials furnished at the request or instruction of Grantee. 5. Compliance With Laws. The beneficiaries of the Easements shall at all times observe in the use of the Easement Parcels all applicable municipal, county, state and federal laws, ordinances, codes, statutes, rules and regulations. 6. Reservation. Grantor hereby reserves all rights of ownership in and to the Easement Parcels which are not inconsistent with the Easements, including, without limitation: (a) the right to grant further non-exclusive easements on, over and/or across the Easement Parcels (i.e. utility and/or access easements), (b) the right to use the Easement Parcels for all uses not interfering or inconsistent with the uses permitted herein, including, but not limited to: - 3- vehicular access and ingress and egress to, over, and from the Easement Property and the Property; service access to, over and from the Easement Property and the Property; installation, maintenance and use of utility facilities and access therefore and maintenance thereof; the right to conduct any activity upon the Easement Parcels which promotes the security of the Easement Parcels or the Property or any persons or property located thereon, to the extent permitted by applicable law, as long as public access to the beach through the Beach Access Easement Parcel is reasonably maintained; and the right to construct and maintain any within the Easement Parcels as may be permitted by applicable law; and (c) the exclusive right to design, build, furnish and maintain any and all improvements (including but not limited to landscaping and lighting) located within the Easement Parcels provided such improvements are approved by the City Commission. 7. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes, Grantee hereby agrees, and all parties by virtue of their use of the Easements shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantor (and all of its members, officers, directors, employees, successors and assigns) from and against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorneys'fees and costs whether suit be brought or any appeals be taken therefrom) arising from, growing out of or connecting in any way with any improper use of the Easements and the Easement Parcels. The grantor hereby agrees, and all parties by virtue of their use of the Easements shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantee (and all of its members, officers, directors, employees, successors and assigns) from and against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether suit be brought or any appeals be taken therefrom) arising from, growing out of or connecting in any way with failure of the Grantor to maintain the Easement and the Easement Parcels as provided in Section 3. 8. Enforcement. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity by the Grantor and/or the respective fee owners from time to time of the Project, with the prevailing party in any such action entitled to reimbursement of reasonable attorneys' fees and costs incurred at trial and all appellate levels. 9. Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. All of the parties to this Agreement have participated fully in the negotiation of this Agreement, and accordingly, this Agreement shall not be more strictly construed against anyone of the parties hereto. In construing this Agreement, the singular shall be held to include the plural, the plural -4- shall be held to include the singular, and reference to any particular gender shall be held to include every other and all genders. 10. Notices. Any and all notices required or desired to be given hereunder shall be in writing and shall be deemed to have been duly given when delivered by hand or three (3) business days after deposit in the United States mail, by registered or certified mail, return receipt requested, postage prepaid, and addressed to the applicable party to the address set for such party set forth at the top of this Agreement (or to such other address as either party shall hereafter specify to the other in writing). 11. Severability. In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed in full force and effect. 12. Successors and Assions. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 13. Amendments; Termination. In the event the resolution which requires this Agreement is modified, then, and only in that event, may this Agreement be amended, modified or terminated except by written agreement of the parties hereto. Further, no modification or amendment shall be effective unless in writing and recorded in the Public Records of Miami- Dade County, Florida; provided, however, to the extent that any portion of the Project is submitted to the condominium form of ownership (each portion to referred to as a "Condominium Parcel"), then, as to that portion or portions, the instrument of amendment or modification shall be executed by the applicable condominium association(s) in lieu of the fee owners of the Condominium Parcel(s) of the respective properties and their mortgagees. 14. Entire Aoreement. This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supercedes all prior agreements, understandings and arrangements, both oral and written, between the parties with respect thereto. -5- IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of the day and year first above written. GRANTOR: OCEAN THREE LIMITED PARTNERSHIP, a Florida limited partnership By: TRG-Beach Three, Inc., a Florida corpo tion, its managing general 1- partner /L- n /Jr.1.,c... f. U?Wht6r~ v.P. [CORPORATE SEAL p~~"U; By' Name: Title: GRANTEE: ~~~ __..._.1'&.( Print Name: .::r ^-J$ ~ THE CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation APPROVED AS 0 FORM AND CORREC S' - 6- STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE ) The foregoing Agreement was acknowledged before me this ;J. ~ day of \ ,20QJ, by n1Artl r'oIJlrllAI'o. ,as ill! ofTRG- Bach Three, Inc., a Florida corporation, the managing general partner of Ocean Three Limited Partnership, a Florida limited partnership, on behalf of said corporation and limited partnership. He personally appeared before me and is personally known to me. [NOTARIAL SEAL] Notary d~ Print Name: /2-11 Notary Public, State of Florida My Commission Expires: ;}-1LJ- Jon? .~'~ ANA E$CAURtZA 'l..W ~ MY COMMISSION. ,,117M1 'PIt".." E)(I"IIIlES: FdNIIY 24. 2tm l.-a-NOTAPlY Fl NclIIrJ 0iIC*IlI-.c. Co. STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE ) The foregoing Agreement was acknowledged before me this , 2002, by , as City of Sunny Isles Beach, Florida, a municipal corporation, on behalf of said corporation. He personally appeared before me and is personally known to me. day of of The municipal [NOTARIAL SEAL] Notary: Print Name: Notary Public, State of Florida My Commission Expires: - 7 - .' . EXHIBIT "N' The Northerly 300.00 feet, as measured at right angles to the North line of Tract "rr' Amended Plat of North Biscayne Beach, a subdivision recorded in Plat Book 44, at Page 42 of the public records of Dade County, Florida. The said Northerly 300.00 feet of Tract "If' bounded as follows: Bounded on the West by the Easterly line of State Road A-1-A, also known as Ocean Boulevard, State Road 140 and Collins Avenue, said Easterly line also being the Westerly line of referenced Tract "If'; Bounded on the East by the Erosion Control Line of the Atlantic Ocean, said Line recorded on Plat Book 134, at Page 47 of the public records of Dade County, Florida; Bounded on the North by the Northerly line of said Tract "rr'; Bounded on the South by the Southerly line of the Northerly 300.00 feet of said Tract "rr'. - 8- ... ' .. . EXHIBIT "B" The Westerly 10 feet, of the Northerly 300.00 feet of Tract "H' as measured at right angles to the North line of Tract "H Amended Plat of North Biscayne Beach, a subdivision recorded in Plat Book 44, at Page 42 of the public records of Miami-Dade County, Florida. -9- OR BK 21730 PG 0384 LAST PAGE EXHIBIT "c' The Northerly 75.00 feet, of the Northerly 300.00 feet of Tract "H' as measured at right angles to the North line of Tract "H' Amended Plat of North Biscayne Beach, a subdivision recorded in Plat Book 44 at Page 42 of the public records of Miami-Dade County, Florida. - 10-