HomeMy WebLinkAboutResolution Zoning 03-Z- 74
RESOLUTION NO. 03-Z-74
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING
APPLICATION SUBMITTED BY MANDALAY L.L.C., (Z2003-02),
SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN
EFFECTIVE DATE.
I. RECIT ALS.
WHEREAS, on January 27,2003, Mandalay L.L.C., submitted an application to the City
of Sunny Isles Beach, Florida requesting the following:
1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development
Regulations the Applicant is requesting to transfer 33,657 square feet of development
rights from the City.
2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development Regulations
the Applicant is requesting a site plan approval for a 29 story, 90-unit condominium.
3. Pursuant to Section 703.8.4(h) of the City of Sunny Isles Beach land Development
Regulations, the applicant is requesting to waive the Beach Access Easement requirement
under the code.
4. Variance of Setback to permit a proposed parking pedestal to setback 2.33 ft. from the
interior (north) property line (20 ft. required) and setback 0.00 ft. from the interior
(south) property line (20 ft required).
LEGAL: North 59 feet of Lot 95, together with the South 41 feet of Lot 96 ofT atum's
Ocean Beach park, Plat Book 5 Page 35.
ADDRESS: 16275 Collins Avenue
And,
WHEREAS, on June 19,2003, the City Commission conducted a public hearing on the
application submitted by Applicant; and
WHEREAS, the applicant requested withdrawal of requests #3 and #4, and
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
property consideration given to the matter and to the positive recommendation of the joint
memorandum from the Planning and Zoning Administrator and Planning Consultant; and
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WHEREAS, the City Commission has reviewed the application, and finds substantial
competent evidence to support a showing by the Applicant that the request for site plan approval
and for the Transfer of Development Rights are in compliance with the Land Development
Regulations and the Comprehensive Master Plan of the City and maintain the basic intent and
purpose of the zoning, subdivision or other land use regulations, which is to protect keep in
general welfare of the public, particularly as it affects the stability and appearance of the
community.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
II. APPROVALS.
The Applicant's request for a Transfer of Development Rights, Site Plan Approval is hereby
approved as follow:
1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development'
Regulations, the applicant is requesting to transfer 33,657 square feet of
development rights from the City. This approval is subject to the acceptance of an
appraisal amount on a square footage basis that will be determined by an MAl
appraisal acceptable to the City Manager, taking into account the new zoning
approval in accordance with this resolution, and further procedures being developed
to effectuate this program, notwithstanding the fact that such procedures may be
formally adopted subsequent to this particular approval.
2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development
Regulations the applicant is requesting a site approval for a 29 story, 90-unit
condominium.
The approval and all conditions listed below are transferable to applicant's successor, buyers or
assignee and subject to the conditions set forth below being performed to the satisfaction of the
City and subject to all procedures to be adopted relating to that transfer.
III. CONDITIONS
A. Conditions to be completed before buildint! permits are issued or any
construction commenced
1. That an up to date appraisal of the property (current to within 60 days) be approved by
the City. The City Manager shall agree on the T.D.R. value before issuance of any
building permits (demolition, sales trailer permit does not constitute a building permit).
The applicant and shall pay the amount determined by the City for the transfer of thirty-
three thousand six hundred fifty-seven square feet (33,657 sq. ft.) of development
rights from the City (a Sender Site) to the subject property described hereinabove
(Receiver Site) as approved by the City Commission in this Resolution. The Applicant
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shall submit any and all other documentation and payments required by the City to
effectuate the transfer of development rights and further procedures being developed to
effectuate this program, notwithstanding the fact that such procedures may be formally
adopted subsequent to this particular approval.
2. Upon the submittal of an application for a building permit, the plans submitted shall meet
with the approval of the Planning and Zoning Administrator and be consistent with the
specific site plan approved by the City Commission. Plans shall include all the required
elements of the site plan pursuant to the City's Land Development Regulations and
recommendations. Should compliance with recommendations result in a change that
would not be considered "minor" in accordance with Ordinance 2003-167 adopted March
20, 2003, the Applicant shall be required to obtain another approval of the City
Commission.
3. That in the approval of the plan, the same be substantially in accordance and consistent
with site plan presented at the City Commission hearing on February 20, 2003, entitled
"Sayan", prepared by The Seiger Suarez Architectural Partnership consisting of 32 sheets
dated revised 6/02/03 and plan entitled "Sayan Condominium Conceptual Paving,
Drainage, Water and Sewer Plan", prepared by Fortin, Leavy, Skiles, Inc., consisting of
two sheet dated revised 4/03/03, plan entitled "Sayan Condominium Existing Driveway
Location", prepared by Fortin, Leavy, Skiles, Inc., dated 4-01-03, plan entitled
"Boundary Survey", prepared by Fortin, Leavy, Skiles, Inc., dated 4-01-03 consisting of
two sheets, and plan entitled "Site Entrance Lighting", prepared by The Seiger Suarez
Architectural Partnership dated sign and seal 4-03-03. Plans may be modified at public
hearing.
4. That a plan be submitted to the Planning and Zoning Administrator, Landscape Architect
and Planning Consultant including their in-house experts, for their review. Plans shall
include all easements to be proffered by the Applicant to the City, including but not
limited to beach access easements exactly as represented to the City Commission by site
plan drawing and oral representation, ten-foot (10') landscaping streetscape easement as
per Streetscape Master Plan, if applicable. Plans shall show the type and size of plant
materials, which shall coordinate with the approved Streetscape Master Plan prior to the
issuance of a building permit.
5. That the applicant submit a Declaration of Restriction in recordable form acceptable to
the Zoning Director prior to submittal for an application for building permit, which
proffers the beach access, landscaping, easements over, across, under and through.
Maintenance for such easement parcels proffered to the City, shall be the responsibility of
the applicant, including 24-hour valet parking services for owners and guests, among
other things.
6. That the Applicant shall present evidence of performance to the Planning and Zoning
Administrator of the obligation required to qualify for the Floor Area Ratio bonus under
Section 703.9.5 of the code.
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a) Beach Access 0.10 FAR $ -0-
b) Beach Access Trust Fund 0.20 FAR $ 47,600
c) Public Beach Rec. Enhancement 0.50 FAR $, 119,000
d) Collins Ave Streetscape 0.30 FAR $ 71,400
e) Sunny Isles Public Parking 0.20 FAR $ 47.600
Total 1.30 FAR $ 285,600
The total contribution for all Floor Area Ratio bonuses for the development is $285,600
for a total increase in floor area ratio of 1.3 for a maximum floor area ratio of 3.8. If
development i s permitted in phases the bonus contribution shall be prorated for each
phase.
7. That the applicant contribute to the Off-Street Parking Fund as per Section 80 1.1.2(b) for
the buy down of20% (27 parking spaces) ofthe required parking spaces.
8. That in the event of multiple ownership, a homeowner's association be established in
accordance with applicable regulations to assure that all common areas and facilities for
the residents, as well as all easements dedicated to the City shall be maintained in
continuous and satisfactory manner, and without expense to the general taxpayers of the
City of Sunny Isles Beach.
9. That t he Applicant comply with all conditions and requirements 0 f t he Department 0 f
Environmental Resource and Management (DERM), the Fire Department, Water and
Sewer Department, Department of Environmental Protection (DEP), Florida Department
of Transportation (FDOT).
10. No building permits shall be issued unless t he Applicant has submitted all documents
referred under this approval and shall have paid all impact fees, bonuses and Transfer of
Development Rights (if applicable), professional fees (as per Ordinance 2001-132 and
such other applicable Land Development Regulations) due to the City.
11. Under Ordinance 2001-132, the City Manager and lor his/her designee in review of any
application, has and may continue to refer any such application presented to it to such
engineering, planning, legal, technical, or environmental consultant or professional(s)
employed by the City as the Manager shall deem reasonably necessary to enable himlher
to review such application as required by law. Charges made by such consultants or
professionals shall be in accord with the charges customarily made for such services in
Miami Dade County, and pursuant to an existing contractual agreement by and between
the City and such consultant. Charges made by the City shall be in accord with the
hourly rates charges by such consultants or hourly rates of employed professionals and
shall be paid prior to the issuance of a building permit (demolition, sales trailer permit
does not constitute a building permit). To date, Applicant owes $15,695.07 additional
professional fees which must be paid prior to issuance of a building permit.
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12. At the time of submission of any application for building permit, after the development
order has been approved, applicant shall fund an escrow account b e established, from
which withdrawals would be made to reimburse the City for the cost of professional
review services, if any. The applicant shall provide funds to the City for deposit into
such account in an amount to be determined by the City Manager or his designee, based
on his/her evaluation of the nature and complexity of the application. The Applicant
shall be provided with copies of any City voucher for such services as they are submitted
to the City. When the balance in such escrow is reduced to one-third (113) of its initial
amount, the Applicant shall deposit additional funds into such account to bring its
balance up to the amount of the initial deposit. If such account is not replenished within
thirty-days (30) after the Applicant is notified, in writing, of the requirements for such
additional deposit, the City may suspend its review of the application. An application
shall be deemed incomplete if any amount shall be outstanding. A building permit shall
not be issued unless all professional review fees charged in connection with the
Applicant's project have been reimbursed to the City. Once all pertinent charges have
been paid, the City shall refund to the Applicant any funds remaining on deposit.
B. Conditions to be completed before any Certificate of Occupancy is issued.
1. That the Applicant demonstrates that they are in compliance with all terms and conditions
under this approval.
2. Applicant shall pay all fees related to the review of the application described herein and
shall have paid all other fees due to the City.
C. Other Conditions
1. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the
City upon compliance with all terms and conditions. The Certificate of Occupancy and
Certificate of Use shall be subject to cancellation upon violation of any ofthe conditions.
2. That the City Manager will discuss with the Police Department whether the beach access
should be gated.
3. That the approved site plan shall remain valid for a period of24 - months from the date of
approval. If no building permit is issued within the 24 -month time period, the site plan
shall be considered null and void and of no force and effect.
4. That the Applicant complies with all City Ordinances applicable to development and
permit approvals.
5. That the Applicant shall submit a Declaration of Restrictions, in recordable form,
acceptable to the Planning and Zoning Administrator prior to submittal for an application
for building permit, which proffers the maintenance of the landscape in the swale area
along the frontage of the property.
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FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE
CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE
APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH
CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY
RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT
CONDITION IS MET.
IV. SEVERABILITY AND EFFECTIVE DATE.
1. If any section, subsection, clause of provision of this Resolution is held invalid, the
remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions
in conflict herewith shall be and hereby are repealed.
2. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 19th day of June 2003.
~
By:
David Samson, Mayor
, ~
AJ:TEST:
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'.~" . c!tM.. '~-
Jane A. Hines, Acting City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VOTE: 5-0
Mayor Samson
Vice Mayor Edelcup
Commissioner Goodman
Commissioner Iglesias
Commissioner Kauffman
Second by:
C,b\'w\nc\VS~l-btO~ ~l ~L~
C()w\~~1)f\)ct.L \<(~
Moved by:
Vyes _no
Vyes_no
0ves no
~es_no
yes _no
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STATE OF FLORIDA )
)ss:
COUNTY OF DADE )
I, JANE A. HINES, Acting City 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. 03-Z-74 adopted
by the City Commission at its meeting held on the Iq~ day of~Lt n,~ ,2003.
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Issued: ~ v.. \" ~ ') ZOO 3
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Jane A. Hines '. :.' '
Acting City ClerK., .... '. .I .'
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- - 111111I 1111111111111I111111 11111 1111I111111
CFN 20u5Ru960204 OR BK 23770 P95 3493 - 3499; (7P9S)
RECORDED 09/13/2005 10:07:01
HARVEY RUVIN, CLERK OF COURT, MIAMI-DADE COUNTY, FLORIDA
DEED TAX 0.60 SURTAX 0.45
AMENDMENT TO BEACH ACCESS AND LANDSCAPING EASEMENTS
AGREEMENT
THIS AMENDMENT TO BEACH ACCESS AND LANDSCAPING EASEMENTS
AGREEMENT (the "Agreement") is made and entered into as of the 9 day of S' E}P I:
2005, by and between SAYAN DEVLOPERS, INC., a Florida Corporation, ("Grantor") having
an address of 3211 Ponce De Leon Boulevard, Suite 301, Coral Gables, Florida 33134,
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, 18070 Collins Avenue,
Sunny Isles Beach, Florida 33160,
R E C I TAL S:
WHEREAS, Grantor entered into that certain "Beach Access and Landscaping
Easements Agreement" dated July 12, 2004, between Sayan Developers, Inc., and City of
Sunny Isles Beach, as recorded in the official records of Miami-Dade County on Book 22501
Page 3169; and
WHEREAS, Grantor is the developer of a certain residential project to be known as
"Sayan" 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; and
WHEREAS, Grantor is the owner of the portion of the Project more particularly indicated
on the attached Exhibit "B" as the "Beach Access Easement" and by this reference made a
part hereof (the "Beach Access Easement Parcel"); and
WHEREAS, Parties have agreed that easement may be modified pursuant 'to the terms
stated herein; and
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. The previously recorded easements agreement shall be modified to more particularly
describe and evidence the land involved in the beach access easement, and
2. The previously recorded easements agreement shall otherwise remain in full force
and affect for all other purposes.
3. The previously recorded easements agreement was entered into by Sayan
Developers, Inc. This entity has merged with and is now recognized as Sayan Revocable
Statutory Trust.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement
Agreement as of the day and year first above written.
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By:
---
Name: Joe Milton
Its: M~er
Date: ;A~o
STATE OF FLORIDA )
)55.
COUNTY OF MIAMI-DADE )
foregoing Agreement was acknowledged before me this / c5J-J day of
, 2005, by Joe Milton, as Manager of Sayan Developers, Inc., a Florida
He personally appeared before me and is personally known to me.
[NOTARIAL SEAL]
Notary:
Print Nam
Notary Pu Ie, S te of Florida
My Commission Expires:
"'~:"""" YVONNE A. BODDEN
t,,'f ~.% MY COMMISSION # DO 282023
;; ~,<} EXPIRES: March 4, 2008
. Bonded Thill Notary ~ UrdelWriters
2
~:LLV~
,
Printed Name
~~~
WitF\ess 4 .
0+1\)"Z. A v t N ~s
Printed Name
City of Sunny Isles Beach, a Florida
muni~
By:~ ~c:..o
Name: Christopher J. Russo
Its: City Manager
Date: J Y/"14I Jt., Jj i... 0 o.r
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE )
The foregoing Agreement was acknowledged before me this q ~ day of
~~~", 2005, by Christopher J, Russo, as City Manager of the City of Sunny Isles
~onally appeared before me and is personally known to me.
[NOTARIAL SEAL]
!..,.ItV fIlfl~ OFFlClA~ NOTARY SEAl.
~o~.~ ""'I$CIUA T't'l.EA WAlKER
~ I" COMMISSION NUMBER
-< '" q;
~ 0 00133748
<<' 0 o~ MY COMMISSION EXPlRES
F FI. JULY 24,2006
Notary: J1.....:QQ.... I ~ ~
Print Name: Pi',' & C!.; It q I~... W"\.I fc.......-
Notary Public, State of Florida
My Commission Expires: ::r", 11 ~'i I ODO(p
3
EXHIBIT " A. n
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LEGAL DESCRIPTION:
All that port of Lots 95 and 96 and riparian rights thereto, of TATUM'S OCEAN BEACH PARK,
according to the plat thereof os recorded in Plot Book 5 at Page 35 of the Public
Records of Miami-Dade County, Florida, being more particularly described os follows:
Begin at a point where 0 line drown parallel to and 1029.39 feet South measured at right
angles to the Brown Bose Line, as said Brown Base Unes is shown on the Plat of Sunny
Isles Bose Une and Tie-ins, according to the Plat thereof os recorded in Plat Book 34 at
Page 95, of the Public Records of Miami-Dade County, Florida, intersects the Easterly line
of Sunny Isles Ocean Rood; thence Easteriy parallel to the 1029.39 feet South, measured at
right angles, to the aforesaid Brown Bose Une, to the high water line of the Atlantic Ocean;
thence Southerly along the high woter line of the Atlantic Ocean, 0 distance of 100 feet
more or less to 0 point where 0 line drown parallel to and 1129.39 feet South, measured
at right angles to the aforesaid Brown Bose Line would intersect the high water line of the
Atlantic Ocean; thence Wester1y parallel to and 1129.39 feet South, measured at right angles
to the aforesaid Brown Bose Une to 0 point on the Easter1y line of Sunny Isles Ocean
Rood; thence Northerly along the Easterly line of said Sunny Isles Oceon Rood 0 distance of
100 feet more or less to the point of beginning, including 011 riparion rights thereto. Said
lands lying in and being in the City of Sunny Isles Beach, Florida.
EXHIBIT "10"
LEGAL DESCRIPTION: BEACH ACCESS EASEMENT
That part of lots 95 and 96 of "TATUM'S OCEAN BEACH PARK", according to the Plat thereof, as recorded in Plat Book
5, at Page 35, of the Public Records of Miami-Dade County, Florida, bounded on the West by the East Right-of-Way
line of STATE ROAD A-1-A, as shown on the Florida Department of Transportation Right-of-Way Map, sectian No.
87170-2517, Sheet 4 of 8, dated March 31,1989, said STATE ROAD A-1-A also recorded in Plat Book 45, at page 39,
of the Public Records of Miami-Dade County, Florida, bounded on the East by the EROSION CONTROL LINE according to
the Plat thereof, recorded in Plat Book 134, at Page 47, of the Public Records of Miami-Dade County, Florida, bounded
on the North by a Line 1029,39 feet South of and Parallel with "BROWNS BASE LINE", as shown on the Plat of "SUNNY
ISLES BASE LINES AND TIE-INS", according to the Plat thereof as recorded in Plat Book 34, at Page 95, of the Public
Records of Miami-Dade County, Florida, all being more particularly described as follows:
Commence at the intersection of the Easterly Right-of-Way Line of Said STATE ROAD A-l -A with a line 1029.39 feet
South of and parallel with said "BROWNS BASE LINE", thence N87" 18'19"E, along said parallel line, for 50.58 feet to the
POINT OF BEGINNING; thence S02'41'41"E for 19.35 feet; thence S8T18'19"W for 25.44 feet; thence S28'45'14"W for
18,43 feet; thence S8T 18' 19"W for 17.80 feet; thence SOl'01'35"W along said Easterly Right-of-way line, for 15.03 feet;
thence N8T18'19"E for 27.21 feet; thence N28045'14"E for 13.51 feet; thence N8T18'19"E for 16.82 feet; thence
N02'41'41'W for 4,20 feet; thence N8T18'19"E for 18.28 feet; thence N02"41'41'W for 19.35 feet; thence N8T18'19"E
along a line 1044.39 feet South of and Parallel with said "BROWNS BASE LINE", for 307,74 feet; thence NO 1028' 41"E
along said EROSION CONTROL LINE, for 15.04 feet; thence S87" 18'19"W along a line 1 029.39 feet South of and Parallel
with said "BROWNS BASE LINE", for 324.34 feet to the POINT OF BEGINNING.
SURVEYOR'S NOTES:
- This site lies in Section 14, Township 52 South, Range 42 East, City af Sunny Isles Beach, Miami-Dade County, Florida.
All documents are recorded in the Public Records of Miami-Dade County, Florida unless otherwise noted.
- lands shown hereon were NOT abstracted for easements and/or rights-of-way of records.
Bearings hereon are referred to an assumed value of N8T 18'19"E for "BROWNS BASE LINE", as shown on the Plat of
"SUNNY ISLES BASE LINES AND TIE-INS".
- This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
- Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch # 2002-150-1.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on August 8, 2005, and meets
the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter
61 G 17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes.
"Not valid without the sl re nd the original raised
seal of a F/' nsed Su eyor and Mapper"
FO&~~__
Daniel C. Fortin, For The Firm
Surveyor and Mapper, LS2853
State of Florida.
Drawn By DANJR ( DESCRIPTION, NOTES & CERTlFICA TION 'I Date 8/8/05
Cad. No. 041207 FORTIN, LEAVY, SKILES, INC. Scale NONE
Ref. Dwg. Job. No. 051610
2002-150-1 CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: ??oo3653 Dwg. No. 1004-084-3
180 Northeast 168th. Street / North Miami Beach, Florida. 33162 3
Plottl!d: 8/8/05 4:s9p Phone: 305-653-4493/ Fax 305-651-7152/ Em.ail fls@flssurvey.com Sheet of
EXHIBIT "B"
SUNNY ISLES BOULEVARD
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BEACHWALK EASEMENT
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LYING IN SECTION 14, TOWNSHIP 5;)OUTH, RANGE 42 EAST, N
CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA.
Drawn By
Cad. No.
Ref. Dwg.
DANJR
041207
2002-150-1
( LOCA TION SKETCH
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AtrrHORIZA TION NUMBER: ??oo3653
180 Northeast 168th. Street / North Miami Beach. Florida. 33162
Phone: 305-653-4493/ Fax 305-651-7152/ Email flS@flssurvey.com
'I Date 8/8/05
Scale NOT TO SCALE
Job. No. 051610
Dwg. No. 1004-084-3
Sbeet 2 of 3
Plo~;
8/8/05 4:S9p
BOOK 23770 PAGE 349'
LAST PAGE
EXHIBIT "e"
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Ref. Dwg. INC.
2002-150-1 CONSULTING ENGINEERS, SURVEYORS & MAPPERS lob. No. 051610
FLORIDA CERTIFICATE OF AUTHORIZA nON NUMBER: ??oo365.3 Dwg. No. 1004-084-3
180 Northeast 168th. Street / North Miami Beach. Florida. 33162 3
Plotted: 8/8/05 4:59p Phone: 305-653-4493/ Fax 305-651-7152 / Email tls@flssurvey.com Sheet 3 of
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, ~. This instrument prepared by (or under the supervision of),
and after recording should be returned to:
111111I11111111111111111111111111111111111111
Clifford A. Schulman, Esq.
Greenberg Traurlg, PA
1221 Brickell Avenue
Miami. Florida 33131
CFN 2004R0611038
OR Bk 22501 P9S 3169 - 3181; (13p9S
RECORDED 07/21/200~ 11:51:25
DEED DOC TAX 0.60
SURTAX 1)'~5
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 12 day of , 2004, by and
between SAYAN DEVELOPERS, INC., a Florida corporation ("Granto ,having an address of
3211 Ponce de Leon Boulevard, Suite 301, Coral Gables, Florida 33134, and THE CITY OF
SUNNY ISLES BEACH, a municipal corporation existing under the laws of the State of Florida
("Grantee"), having an address of clo City Manager, 17070 Collins Avenue, Suite 250, Sunny
Isles Beach, Florida 33360.
RS~!!A.b S:
WHEREAS, Grantor is the developer of a certain multifamily residential project to be
known as "Sayan" 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 portion of the Project more particularly described
in Exhibit "B" attached hereto and by this reference made a part hereof (the "Easement
Parcels") and
WHEREAS, in connection with Grantee's approval of Grantor has agreed to
<,,\ ' I)-
grant and create, and Grantee desires to obtain, on the; :- ~ aWl (;. 'ons hereinafter set
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forth, an Easement (as hereinafter defined) over, acro .~. u~(' d t :.0\ gh the Easement
Parcels for the purposes hereinafter set forth.
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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. Grantor hereby grants to Grantee a non-exclusive
easement (the "Easement") in favor of Grantee over, across, under and through the Easement
Parcels solely for: (a) pedestrian ingress and egress from Collins Avenue to the beach lying
easterly of the Easement Parcels between the hours of 9:00 a.m. and 9:00 p.m. (eastern
standard time), and (b) 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 (c) landscaping along Collins Ave front 10 feet of setback. Grantee may
permit members of the public to also use the Easement Parcels to the same extent as the
Grantee as provided in clause (a) above.
3. Desion. Construction and Maintenance of Easement Parcels and ImDrovements.
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,
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 '" _. guired condition
') cou~"
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and thereafter, the Grantor shall reimburse the Grantee for th ,.<r:8' '<: sts of such
restoration within thirty (30) days following receipt by the Granto ldt;~~~~ab 9:.!d, umented
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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. Comoliance 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:
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 Pr~ installation,
maintenance and use of utility facilities and access therefore and mainte~wi~jh~~~~~e right
to conduct any activity upon the Easement Parcels which promo~.s the ,~~turi~, 4{ the
Easement Parcels or the Property or any p~:o_ns or property located lI1ereonl; rent
permitted by applicable law, as long as public access to the beach through the Easement
Parcels is reasonably maintained during the hours of operation noted hereinabove; and the right
to construct and maintain any signs 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.
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
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 pY:'ha~do~ree (3)
business days after deposK in the UnKed States mall, by registered i ~i~jjil\~tum
-4-
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. Severabilitv. 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 Assians. 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 Aareement. 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.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement
Agreement as of the day and year first above written.
i4~. ~
wift.t:t ~)(,..,. 'B :K r..<
By:
Name:
Joe Milton
Printed N~
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Witn~~~ At- {
f~ ~J1)A--
Printed Name
Its:
Date:
-5-
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W~s lJ:\. .
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Printed Name
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE )
City of Sunny Isles Beach, a Florida
;y~?d
Name: Christopher J. Russo
Its: City Manager
Date: 7/lq /0 'i
/
~he foregoing Agreement was acknowledged before me this /2 day of
\f;. , 2004, by Joe Milton, as Manager of Mandalay Developers, L.L.C. He
perso IIy appeared before me and is personally known to me.
[N · 'i~ ;~~: G=~ Florid, Notary: Ik f/:t ~ .
~ J MyCummisaionExpirlllMay9,2005 Print Name: IJ a 6#-/2et~
-t:i.,OFr> "" Commiuion' 00024298 --
"""., Notary Public, State of Flori.d9 ~ 6"
My Commission Expires: M~ . I ..,)-p-z)
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE )
The foregoing Agreement was acknowledged before me this l C# ""'" day of
:r \,) \ t ' 2004, by Christopher J. Russo, as City Manager of the City of Sunny Isles
Beach. He personally appeared before me and is personally known to me.
[NOTARIAL SEAL]
Notary. ~~~~-r ~ ~
Print Name: . '\\0.. .., W" llC-eJ'"
Notary Public, State of Flo!:!.dp _ .. I __ ,
My Commission Expires:~"
- 6-
EXHIBIT II A II
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LEGAL DESCRIPTION:
All that part of Lots 95 and 96 and riparian rights thereto, of TATUM'S OCEAN BEACH PARK,
according to the plat thereof as recorded in Plat Book 5 at Page 35 of the Public
Records of Miami-Dade County, Florida, being more particularly described as follows:
Begin at a point where a line drawn parallel to and 1029.39 feet South measured at right
angles to the Brown Base Line, as said Brown Base Lines is shown on the Plat of Sunny
Isles Base Line and Tie-ins, according to the Plat thereof as recorded in Plat Book 34 at
Page 95, of the Public Records of Miami-Dade County. Florida. intersects the Easterly line
of Sunny Isles Ocean Road; thence Easterly parallel to the 1029.39 feet South. measured at
right angles, to the aforesaid Brown Base Line. to the high water line of the Atlantic Ocean;
thence Southerly along the high water line of the Atlantic Ocean, a distance of 100 feet
more or less to a point where a line drawn parallel to and 1129.39 feet South, measured
at right angles to the aforesaid Brown Base Line would intersect the high water line of the
Atlantic Ocean; thence Westerly parallel to and 1129.39 feet South, measured at right angles
to the aforesaid Brown Base Line to 0 point on the Easterly line of Sunny Isles Ocean
Road; thence Northerly along the Easterly line of said Sunny Isles Ocean Rood 0 distance of
100 feet more or less to the point of beginning, including all riparian rights thereto. Said
lands lying in and being in the City of Sunny Isles Beach, Florida.
EXHIBIT "B"
PART 1 OF 2
PAGE 1 OF 3
LEGAL DESCRIPTION: LANDSCAPE EASEMENT
That part of Lots 95 and 96 of "TATUM'S OCEAN BEACH PARK", according to the Plat thereof, as recorded in Plat Book 5,
at Page 35, of the Public Records of Miami-Dade County, Florida, bounded on the West by the East Right-of-Way line of
STATE ROAD A-l-A, as shown on the Florida Department of Transportation Right-of-Way Map, section No.1 87170-2517,
Sheet 4 of 6, dated January 2, 1986, said STATE ROAD A-l-A also recorded in Plat Book 45, at page 39, of the Public
Records of Miami-Dade County, Florida, bounded on the North by a Line 1029.39 feet South of and Parallel with "BROWNS
BASE LINE", as shown on the Plat of "SUNNY ISLES BASE LINES AND TIE-INS", according to the Plat thereof as recorded
in Plat Book 34, at Page 95, of the Public Records of Miami-Dade County, Florida, bounded on the South by a Line
1129.39 feet South of and Parallel with "BROWNS BASE LINE", as shown on the Plat of "SUNNY ISLES BASE LINES AND
TIE-INS", according to the Plat thereof as recorded in Plat Book 34, at Page 95, of the Public Records of Miami-Dade
County, Florida, all being more particularly described as follows:
Begin at the intersection of the Easterly Right-of-Way Line of Said STATE ROAD A-l-A with a line 1029.39 feet South of
and parallel with said "BROWNS BASE LINE", thence N8718'19"E, along said parallel line, for 10.02 feet: thence
SOl.01'35"W along a line 10.00 feet East of and parallel with said Easterly Right-of-way line, for 100.21 feet; thence
S87.18'19"W along a line 1129.39 feet South of and Parallel with said "BROWNS BASE LINE", for 10.02 feet; thence
N01.0l'35"E along said Easterly Right-of-way line, for 100.21 feet to the POINT OF BEGINNING.
SURVEYOR'S NOTES:
This site lies in Section 14, Township 52 South, Range 42 East, City of Sunny Isles Beach, Miami-Dade County, Florida.
All documents are recorded in the Public Records of Miami-Dade County, Florida unless otherwise noted.
Lands shown hereon were NOT abstracted for easements and/or rights-of-way of records.
- Bearings hereon are referred to an assumed value of N 87" 18'19" E for "BROWNS BASE LINE", as shown on the Plat of
"SUNNY ISLES BASE LINES AND TIE-INS".
This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
- Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch # 2002-150-1.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on June 30, 2004, and meets
the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter
61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes.
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seal of a Florida Licensed Surveyor and Mapper"
By:
Drawn By DANJR
Cad. No. 041207
Ref. Dwg. 2002-150-1
Plotted: PDATE
( DESCRIPTION, NOTES & CERTIFICATION I
FORTIN, LEAVY, SKILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: ??oo3653 ,.
180 Northeast 168th. Street/North Mi8D1i Beach, Florida. 33162 \
\
Phone: 305-653-4493/ Fax 305-651-7152/ Email .com
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EXHIBIT "B"
PART 1 OF 2
PAGE 2 OF 2
SUNNY ISLES BOULEVARD
u
LANDSCAPE EASEMENT
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LYING IN SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EA~~;; I :~'
CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA.
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Cad. No. 041207
Ref. Dwg. 2002-150-1
Plotted: PDATE
LOCA TION SKETCH
FORTIN, LEAVY, SKILES,
CONSULTING ENGINEERS, SURVEYORS & MAP
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 65
180 Northeast 168th. Street / North Miami Beach, Florida. 33
Phone: 305-653-4493/ Fax 305-651-7152/ Email flssurv.
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PAGE 3 OF 3
EXHIBIT "B" _-------
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2>-, "BROWNS BASE LINE" PER
~'l- PLAT BOOK 34 PAGE 95
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50.00' I
RIGHT OF WAY PER
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SECTION 187171-2517 1
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GRAPHIC SCALE
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------~------- 2939' SOUTH OF .BROWNS BASE ~
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EASTE L Y RIGHT OF WAY LINE OF
STATE ROAD A-l-A PER F.D.O.T.
RIGHT OF WAY MAP SECTION
18717 -2517, SHEET 4 OF 6
DATE JANUARY 2. 1996
AND LAT BOOK 45, PAGE 39
Dra'WIIBy
Cad. No.
Ref. Dwg.
Plotted:
DANJR
041207
2002-150-1
SKETCH OF DESCRIPTION
F ORTIN, LEAVY, SKILES, {j .~: ,}> '(1\
CONSULTING ENGINEERS SURVEYORS & R.S'/~.,. 'i~fb.N .C;' 041207
FLORIDA CERTIFICATE OF A~O~~ON NUMBER:, , st,~r: ';; .*". Z;; I 004-084-1
180 Northeast 168th. Street I North Mi8D11 Beach. Florida. ~~, ~~c;rj ;;' 'sw
Phone:30S-6S3-4493/Fu:30S-6S1-71S2/Emailfl ' ". >:., ..,l>' of 3
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PDATE
7
EXHIBIT" B"
PART 2 OF 2
PAGE 1 OF 3
That part of Lots 95 and 96 of "TATUM'S OCEAN BEACH PARK", according to the Plat thereof, as recorded in Plat Book
5, at Page 35, of the Public Records of Miami-Dade County, Florida, bounded on the West by the East Right-of-Way
line of STATE ROAD A-1-A, as shown on the Florida Department of Transportation Right-of-Way Map, section No. 1
87170-2517, Sheet 4 of 6, dated January 2, 1986, said STATE ROAD A-1-A also recorded in Plat Book 45, at page 39,
of the Public Records of Miami-Dade County, Florida, bounded on the East by the EROSION CONTROL LINE FOR SUNNY
ISLES BEACH (established as the Mean High Water Line) according to the Plat thereof, recorded in Plat Book 134, at
Page 47, of the Public Records of Miami-Dade County, Florida, bounded on the North by a Line 1029.39 feet South of
and Parallel with "BROWNS BASE L1NC, as shown on the Plat of "SUNNY ISLES BASE LINES AND TIE-INS", according to
the Plat thereof as recorded in Plat Book 34, at Page 95, of the Public Records of Miami-Dade County, Florida, all
being more particularly described as follows:
LEGAL DESCRIPTION: BEACH ACCESS EASEMENT
Commence at the intersection of the Easterly Right-of-Way Line of Said STATE ROAD A-1-A with a line 1029.39 feet
South of and parallel with said "BROWNS BASE LINE", thence N87.18' 19"E, along said parallel line, for 58.54 feet to the
POINT OF BEGINNING; thence S02.41'41"E for 15.67 feet; thence S8718'19"W for 7.96 feet; thence S02.41'41"E for 3.68
feet; thence S87.18'19"W for 25.44 feet; thence S28.45'14'W for 18.43 feet; thence S8718'19"W for 17.80 feet; thence
SOl.01'35"W along said Easterly Right-of-way line, for 15.03 feet; thence N8718'19"E for 27.21 feet; thence N28.45'14"E
. ' " for 1682 feet; thence N02.41 '4-1- "W for 4- 20- feet: thence J'll8X~19"E for 16 57 feet;---
thence N02. 41' 41 "W for 3.28 feet; thence N87.18' 19"E for 11.37 feet; thence N02. 41' 41 "W for 16.06 feet; thence
N87.18'19"E along a line 1044.39 feet South of and Parallel with said "BROWNS BASE LINE", for 298.08 feet; thence
N01.28'41"E along said EROSION CONTROL LINE, for 15.04 feet; thence S87'18'19'W along a line 1029.39 feet South of
and Parallel with said "BROWNS BASE LINE", for 316.38 feet to the POINT OF BEGINNING.
SURVEYOR'S NOTES:
- This site lies in Section 14, Township 52 South, Range 42 East, City of Sunny Isles Beach, Miami-Dade County, Florida.
- All documents are recorded in the Public Records of Miami-Dade County, Florida unless otherwise noted.
- Lands shown hereon were NOT abstracted for easements and/or rights-of-way of records.
- Bearings hereon are referred to an assumed value of N87.18'19"E for "BROWNS BASE LINE", as shown on the Plat of
"SUNNY ISLES BASE LINES AND TIE-INS".
- This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
- Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch # 2002-150-1.
SURVEYOR'S CERTIFICATION:
"Not valid without the signature and the original raised
seal of a Florida License yor and Mapper"
I hereby certify that this "Sketch of Description" was made under my responsible charge on June 30, 2004, and meets
the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers ill"Chapter
61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. ' .,,:\\1\"\ ;"',"!
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Ref. Ow,. INC. Q~f~07
2002-150-1 CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Dwg. No. 1004-084
180 Northeast 168th. Street / North Miami Beach, Florida. 33162
PlottAld: 7/2/04 3: 19p Phone: 305-653-4493 / Fax 305-651-7152/ Email fl. .com Sheet of 3
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CONSULTING ENGINEERS, SURVEYORS & ~$S
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: ~36S3
180 Northeast 168th. Street 1 North Miami Beach. Florida. 33i62
Phone: 305-653-44931 Fax 305-651-71521 Email tl tlslIlU'Vey.com',
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Ref. Dwg.
2002-150-1 CONSULTING ENGINEERS, SURVEYORS & MAPPERS Job. No. 041207
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: ??oo3653 Dwg. No. 1004-084
180 Northeast 168th. Street 1 North Miami Beach. Florida. 33162
Plotled: 7/2/04 3: 19p Phone: 305-653-44931 FIIX 305-651-71521 Email t1s@f1s .com Sheet 3 of 3