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Ord No 02-21-2392ORDINANCE NO. 02-21-2392 An Ordinance of the Mayor and City Commissioners of the City of South Miami granting a sewer easement to Miami Dade County WHEREAS, the County, through its Miami-Dade Water and Sewer Department ("WASD"), operates and maintains the Miami-Dade County water and sanitary wastewater systems; and WHEREAS, on June 3, 2014, the Board of County Commissioners approved via Resolution R-537-14 the Building Better Communities General Obligation Bond ("GOB") for Countywide Water and Sewer System Enhancement Program; and WHEREAS, this GOB Program funds extensions of the sewer system to developed commercial and industrial corridors of the County; and WHEREAS, W ASD has identified a sewer improvement project as part of the GOB Program in the area along Bird Road (SW 40th Street) and SW 57 Avenue (the "Bird Road Project"); and WHEREAS the City is the fee simple owner of certain real property located at 4300 SW 58 Avenue, South Miami, Florida, known as South Miami Park bearing Folio No. 09-4024--'000- 0620 (the "City Property"), as shown the "Property Appraisal Summary Report; and WHEREAS, to complete the Bird Road Project, the County needs an easement from the City for a portion of the City Property to install a lower pressure force main sewer system; and WHEREAS, the Bird Road Project will provide sewer service to the David Fairchild Elementary School located at 5757 S.W. 45 Street, which is adjacent to the City Property; and WHEREAS, the County has requested, and the City has agreed, to grant a non-exclusive easement on the City Property to the County for the Bird Road Project; and WHEREAS, the City has requested, and the County has agreed to, provide certain improvements as a condition of obtaining the non-exclusive easement; and WHEREAS, the County will fund all costs associated with the Bird Road Project and the improvements requested by the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Page 1 of2 • Ord. No. Q2-21-2392 Section 2. The City hereby grants a sewer easement to Miami-Dade County as set forth in the attached Sewer Easement Agreement and authorizes the City Manager to sign the Agreement. Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final ordinance for signature. Section 4. Severability. If any section, clause, sentence , or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder. Section S. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 2nd day of February, 2021. ATTEST: 1 SI Reading -1119 /2021 2nd Reading -2/2/2021 READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THE OF ;~r '/~ CI Page 2 of2 COMMISSION VOTE: Mayor Philips: Vice Mayor Welsh Commi s sioner Harris : Commissioner Liebman : Commissioner Gil: 5-0 Yea Yea Yea Yea Yea Agenda Item No:6. City Commission Agenda Item Report Meeting Date: February 2, 2021 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Ordinance Agenda Section: Subject: An Ordinance of the Mayor and City Commissioners of the City of South Miami granting a sewer easement to Miami Dade County. 3/5 (City Manager-Parks & Recreation Dept.) Suggested Action: Attachments: Memo-SMP Easement (QLP).docx Ordinance-SMP_Easement.doc SMP Easement Agreement.pdf LPFM Sewer Plans.pdf Miami Herald Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor & Members of the City Commission FROM:Shari Kamali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE:January 19, 2021 SUBJECT:An Ordinance of the Mayor and City Commissioners of the City of South Miami granting a sewer easement to Miami Dade County. BACKGROUND:The County, through its Miami-Dade Water and Sewer Department (“WASD”), operates and maintains the Miami-Dade County water and sanitary wastewater systems. On June 3, 2014, the Board of County Commissioners approved via Resolution R-537-14 the Building Better Communities General Obligation Bond (“GOB”) for Countywide Water and Sewer System Enhancement Program. This GOB Program funds extensions of the sewer system to developed commercial and industrial corridors of the County. WASD has identified a sewer improvement project as part of the GOB Program in the area along Bird Road (SW 40th Street) and SW 57 Avenue (the “Bird Road Project”). To complete the Bird Road Project, the County needs an easement from the City—through South Miami Park—for a portion of the City Property to install a lower pressure force main sewer system. The Bird Road Project will provide sewer service to the David Fairchild Elementary School, located at 5757 S.W. 45 Street, which is adjacent to the City’s South Miami Park. The City has requested, and the County has agreed to, provide certain improvements as a condition of obtaining the non-exclusive easement, including construction of a new NW gateway entry for pedestrian per plans; a new accessible sidewalk (concrete) from proposed NW gateway entry on SW 60th Ct. to the corner of SW 42nd Ter. (connect to existing sidewalk flag on corner of SW 42nd Ter.); future access and use of low pressure force main, control panel, electrical panel, pressure pump station, etc. by the City as it intends to construct a new restroom- 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM concession facility at South Miami Park; and, clearing and removal of debris, trash, invasive species, stumps, and overgrown vegetation outside of South Miami Park on the northwest end of SW 60th Ct. The County will fund all costs associated with the Bird Road Project and the improvements requested by the City. ATTACHMENTS:Resolution Easement Agreement between MDC & CSM Copy of latest LPFM Sewer Plans 3 EASEMENT AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF SOUTH MIAMI JJ:lIS AGREEMENT (hereinafter "Agreement") is entered into and made effective this 2f!-day of ::r VVl.(., , 2021 ("Effective Date"), by and between MIAMI-DADE COUNTY, a politi cal subdivision of the State of Florida (hereinafter, the "County"), and the CITY OF SOUTH MIAMI , a municipal corporati.on of the State of Florida (hereinafter , the "City", and collectively with the County, the "Parties"). RECITALS WHEREAS , the County, through its Miami -Dade Water and Sewer Department ("W ASD "), operates and maintains the Miami-Dade County water and sanitary wastew ater systems; and WHEREAS, on June 3, 2014, the Board of County Commissioners approved via Resolution R-537-14 the Building Better Communities G eneral Obligation Bond ("GOB") for Countywide Water and Sewer System Enhancement Program; and WHEREAS, this GOB Program funds extensions of the sewer system to developed commercial and industrial corridors of the County; and WHEREAS , WASD has identified a sewer improvement project as part of the GOB Program in the area along Bird Road (SW 40th Street) and SW 57 Avenue (the "Bird Road Proje ct"); and WHEREAS the City is the ree simple owner of certain real propetiy locat ed at 4300 SW 58 Avenue, South Miami , Florida, known as South Miami Park bearing Folio No. 09-4024- 000-0620 (the "City Propetiy"), as shown the "Property Appraisal Summary Repott," attached hereto as Exhibit 1; and WHEREAS , in order to c omplete the Bird Road Project, the County needs an easement from the City for a portion of the City Property in order to install a lower pressure force main sewer system; and WHEREAS, the Bird Road Project will provide sewer service to the David Fairchild Elementary School located at 5757 S.W. 45 Street, which is adjacent to the City Propetiy; and WHEREAS, the County has requested , and the City has agreed , to grant a non-exclusive easement on the City Property to the County for the Bird Road Project; and Page I of7 WHEREAS, the City has requested, and the County has agreed to, provide certain improvements as a condition of obtaining the non-exclusive easement, which are listed below; and WHEREAS, the County will fund all costs associated with the Bird Road Project and the improvements requested by the City, NOW, THEREFORE, in consideration of the foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows: TERMS: 1. INCORPORATION OF RECITALS. The foregoing Recitals are true and correct and are incorporated herein by reference. Ifthere is a conflict between any ofthe Recitals and the Terms of this Agreement, the Terms set forth below shall control. 2. GRANT OF EASEMENT. A) The City Property. Immediately upon execution of this Agreement by both Parties, the City hereby grants and agrees to convey to the County a non-exclusive Easement over, under, across and upon the City Property, which bears the following legal description: A portion of land commencing at the South East Corner of Lot 5 in Block 5 of "GOLFERS HAVEN", according to the plat thereof, as recorded in Plat Book 45 at page 21 of the Public Records of Miami-Dade County, Florida. The City does hereby warrant that it has title to the above described property, that it has full power and authority to grant this Easement, and that it will defend title to said land against lawful claims of all persons whomsoever, claiming by, through or under it. The Easement to be executed by the City, which includes a detailed legal description, is attached hereto as Exhibit 2. B) Consideration luI' Easement. As a material inducement and consideration for the City to enter into this Agreement, the County hereby agrees to perform certain improvements (the "City Improvements") in accordance with the terms and conditions ofthis Agreement and upon approval of the Easement attached as Exhibit 2. 1. WASD will fund the Bird Road Pl'Oject's development, design and construction at its sole cost and expense through use of GOB funds. Page 2 of7 2. On the City Property, WASD will restore to its original state or better: (a) the areas damaged by any of its construction activities contemplated by this Agreement and (b) any areas damaged by future excavation or work on the sewer line, including damage to the new fence, new gate and new sidewalk contemplated by this Agreement. 3. With regard to construction on the City Property, WASD shall be responsible for obtaining all necessary permits and approvals with all County and City departments that may be required by applicable state, federal and local laws. W ASD will transfer all manufacturer's warranties to the City for work performed and goods delivered as part of the City Improvements, including the new gate, new fence and sidewalk contemplated by this Agreement, and the Contractor will warrant its work and materials for I year against patent defects in the workmanship and materials. 4. During the construction of the Bird Road Project, W ASD will be responsible for the cleaning/removing of debris, trash, stumps, vegetation and invasive trees, at the northwest end of the park in the unincorporated area which area is shown in the photographs attached hereto as Exhibit 3 "NW Park Photos". 5. W ASD will construct a new entry gate system and accessible sidewalk as outlined in the South Miami Park Northwest Entry plans (pedestrian access and new pedestrian gate) that have been attached as Exhibit 4-"South Miami Park NW Entry Gate Plans" and Exhibit 5, "New Sidewalk Plans." The new gate and new sidewalk will be completed prior to completion of the installation of the lower pressure force main sewer system. As reflected on the plans in Exhibit 5, the new sidewalk includes the continuation ofthe existing sidewalk in the unincorporated area along SW 60th Court, starting on the corner ofSW 42nd Terrace and continuing to the new gate. 6. WASD will be responsible, at no cost to the City, for replacing the existing 155 linear feet offence on City Property. The fence will be replaced in the same location as it currently stands, but the County will build a new eight-foot high galvanized steel chain-link fence, approximately 155 linear feet in length, in place of what is already there. The new fence will be connected to the new gate that will be constructed by the County at the termination of SW 60th Court. If all or a part of the existing fence is not on property owned by the City, the City will obtain consent from the owner of said adjacent property, or, at the City's option, the new fence will be placed on the side of the property that is owned by the City. After it is constructed, the City will own and be responsible for maintenance ofthe new fence. 7. W ASD will provide the City with the as-built drawings for all work done as part of the City Improvements. 8. W ASD will install a service connection at a location to be determined by the City through which the City will connect to the County's new low-pressure system; however, the City will be responsible for obtaining all permits necessary or Page 3 of? installation of the new service connection and will pay W ASD for all connection charges due. 3. NO CASH CONSIDERATION. For purposes of this Agreement, it is understood and agreed that no cash consideration will be paid by either Party. 4. DISPUTE RESOLUTION, APPLlCABLI~ LA W. The County and the City shall resolve any disputes, controversies 01' claims between them arising out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act," Chapter 164, Florida Statutes, as amended. This Agreement shall be governed by the laws of the State of Florida. Venue in any proceedings shall be in Miami-Dade County, Florida. Each party will bear its own attorneys' fees and costs. 5. NO WAIVER OF SOVEREIGN IMMUNITY. Notwithstanding any other term in this Agreement, nothing herein shall be deemed a waiver of the City's or the County's immunity, sovereign rights, 01' limitations of liability as provided by Section 768.28, Florida Statutes, as may be amended from time to time. 6. ASSIGNMENT. This Agreement shall not be assigned, transferred or otherwise conveyed to any other Party in whole or in part, without prior written consent of both the County and the City. 7. NOTICES. Any notice required or permitted to be given under this Agreement, unless otherwise agreed to herein, shall be delivered by hand, by the United States Post Office, sent Celtified Mail, Return Receipt Requested, postage pre-paid, or by a nationally recognized overnight delivery service (such as FedEx), with the requirement of signature confirmation upon delivery, and addressed as described below, and all such notices will be deemed effective or received only upon receipt or refusal of delivery. Notice to the City: Shari Kamali, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 With a copy to: City Attorney City of South Miami 6130 Sunset Drive South Miami, FL 33143 Page 4 of7 Notice to the County: Miami-Dade County With a copy to: 8. SUCCESSOR IN INTEREST. Water and Sewer Department Director 3071 SW 38 Avenue Miami, Florida 33147 Miami-Dade County Chief, Intergovernmental Affairs 3071 SW 38 Avenue, Suite 156 Miami, Florida 33128 All of the terms of this Agreement, including but not limited to, the representations, warranties and covenants of the Patties, shall be binding upon and shall inure to the benefit of the Patties and their respective successors, administrators and assigns. 9. ENTIRE AGREEMENT AND MODIFICATION. This Agreement constitutes the entire Agreement between the Parties and supersedes all prior agreements or representations relating to its subject matter. This Agreement cannot be amended, modified, or altered, except by written agreement executed by all the Parties. 10. GOVERNING LAW. This Agreement has been negotiated and executed in Florida. The Parties hereby agree that this Agreement shall be construed and governed in accordance with the laws ofthe State of Florida, without application of conflict of laws principles. 11. SAVINGS CLAUSE. In the event any term or provision of this Agreement is determined by a court of competent jurisdiction to be illegal, ineffective, unenforceable 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 to be in full force and effect. 12. NUMBERS AND GENDER. Whenever used in this Agreement, the singular shall include the plural, the plural shall include the singular, and any gender shall include every other and all genders. Page 5 of7 13. HEADINGS. The headings or captions in this Agreement are inserted for the convenience of reference only and shall not be deemed to alter any provision of this Agreement or affect its meaning or construction. 14. EXHIBITS. All references in this Agreement to exhibits, schedules, paragraphs, subparagraphs and sections refer to this Agreement, unless the reference expressly identifies another document. IS. SURVIVAL. All representations and warranties made in the Agreement, and all obligations in this Agreement, which by their terms must be performed after the transfer or conveyance, shall survive the transfer or conveyance. 16. COUNTERPARTS. This Agreement may be executed in one or more counterparts and by each Party on a separate but identical counterpart, each of which, when so executed and delivered shall be an original, but all of which together shall constitute one and the same instrument. [THE REMINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [ONLY THE SIGNATURE PAGES FOLLOW] Page 6 of7 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective authorized representatives as of the date first hereinabove written, and they intend to be legally bound hereby to all of the terms and conditions of this Agreement. ATTEST: ~J~,~ey ATTEST: HARVEY RUVIN, CLERK:.:::::::::::::> By: CZ-$ ;:> Deputy Clerk Approved for form and legal sufficiency: • CITY OF SOUTH MIAMI, A FLORIDA MUNICIPAL CORPORATION BY:~~ ;1/c~-v.4~· Shari Kamali City Manager MIAMI-DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS for: Daniel evine Cava County Mayor Roy Coley, Director Water and Sewer Department S O M'la... e~ t b,f;rt. W A&> lo \' \ 101 Assistant Co ty Attorney Page 7 of? ,J 13 EXHIBIT 1 v Summary Report Generated On: 8/21/2020 Property Information Folio: 09-4024-000-0620 Property Address: 4300 SW 58 AVE South Miami, FL 33155-5330 Ownar CITY OF SOUTH MIAMI Mailing Address 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143-5040 PA Primary Zona 8001 PARKS & OPEN SPACE DIST 0066 VACANT RESIDENTIAL : Primary Land Use EXTRA FEA OTHER THAN PARKING Beds I Baths I Half 0/0/0 Floors 0 Living Units 0 Actual Area o Sq .Ft Living Araa OSq.Ft Adjustad Area OSq.Ft Taxable Value Information Lot Size 435,600 Sq.FI Year Built 0 I 2020 1 2019 1 2018 county Assessment Information Year 2020 2019 2018 Exemption Value I $1,562,787 1 $1,563,530 I $1,564,278 Taxable Value 1 $0\ $0 \ $0 School Board Land Value $1,500,000 $1,500,000 $1,500,000 Building Valua $0 $0 $0 XFValue $62,787 $63,530 $64,278 Exemption Value \ $1,562,787 1 $1,563,530 1 $1,564,278 Taxable Value I $01 $01 $0 City Market VaiuB $1,562,787 $1,563,530 $1,564,278 AssBssed Valua $1,562,787 $1,563,530 $1,564,278 Exemption Value I $1,562,787 1 $1,563,530 1 $1,564 ,276 Taxable Value I $0 1 $01 $0 Benafite Information Regional Benefit I Type I 2020 1 2019 1 2018 Municipal I Exemption I $1,562,787 1 $1,563,530 I $1,564,278 Exemption Value I $1,562,787 1 $1,563,530 1 $1,564,278 Taxable Value \ $01 $01 $0 Note : Not all benefits are applicable to all Taxable Values O.e. County, School Sales Information Board, City, Regional). Previous Sale I Price I OR Book-Page I Qualification Descrlpllon Short Legal Description 24544010AC S1/2 OF SW1/4 OF NE1/4 OF NE1/4 LESS E25FT FOR RIW & S1/2 OF SE1/4 OF NW1/4 OF NE1/4 LOT SIZE IRREGULAR The Office of the Properly Appraiser Is continually editing and updating the tax roll. This website may not reflect the most current Information on record. The Properly Appratser and Miam i-Dade County assumes no liability, see full disclaImer and User Agreement at http ://ININw.mlamldade .govnnfo/dlsclalmer.asp Version : ThblmtnllnallPlflIllnxlDy CFN 20220031816 BOOK 32955 PAGE 519 DATE :01/11/2022 11 :49 :55 AM HARVEY RUVIN , CLERK OF COURT, MIA-DADE cn Name Otyof'SoulhMlllml. Shari Kamali, City Manager <hNamc OIyofSoulhMlunl Addrm: 6130&m.t Dm1e SourhMJaml,lbida13143 GRANT OF EASEMENT THIS EASEMENT, made this J~_ day of Cd Lll:!'y , 20~J, by and between the City of South MIamI, a MunicIpal Corporation having lis oroce and prInclpal place of business 01 6130 Sunset Drive, South Miami, FlotkIa 33143, hereinafter called GRANTOR, and MIAMI·DADE COUNTY, a political subdivision of the Slate of !-lorida, whosa mailing address Is; clo MIamI-Dade Water and Sowor Department, P.O. Box 330316, MIamI, Florida 33233'()318, hereinafter caNed GRANTEE: WJItl'c§!!;!!i THAT, for the Bum of TEN DOLLARS ($10.00) and for other good and valuable conaideratlolPthe receipt of which Is hereby acknowledged by the GRANTOR, U18 GRANTOR hereby granla to the GRANTEE, Ita successors and a88lgn8, forever, the right, priVIlege and easement to construct, reconstruot, lay, lnatan, operate, maintain, relocate, repair, replace, Improve, ",move and Ins~t water transmfsslon and dhdributlon feclUlies and all appurtenances thereto, IncludIng bul not limited to, fire hydrants, and/or sewage lransmlssJon and collection facilities and all appurtenant eqUipment which rlgh~ prlvRege and easement shall Include the right 10 remove or demolish, With no obligation to repair or replace same, any obstructions placed on tha easement, Including pavers, or lhat may exlend up to twenty-five (26) feet Wlrt\caly above the finished grade over the easement. 88 may be' neceS8sry 10 carry out any right granted heraln. This right, privilege and easement also provides GRANTEE with (ulland unUmited right of Ingress thereto and egre8s there from on Hla property of the GRANTOR described as folows, to wlt: IN WITNESS WHEREOF, the GRANTOR by lis propef omcials has hereunto sallis hands and seals the year and day IIr8t above written. City of South MiamI BY:~t~· City Manager, Shan Kamali The foregoing Instrument was 8C~ledged bofom 1M ~8n6 ot 1B phy81cal presence or a online no(arizatlon. thIs a day of ~ (~ , 2~ by~,..; t!""A Ii , 86 , and _______ --', as on behalf of the company, who Is personally known to me or h~ produced (type of IdenUftcallon) as ldenllflca .. [Notary Seal} (Sei1aiIlUmbcr, If any) CFN: 20220031816 BOOK 32955 PAGE 520 IN WITNESS WHEREOF, Miami-Dade County, by its County Mayor, ~rJ1is des~e. has caused the easement to be accepted and delivered on this ~ay of ~tl., 2021. Miami-Dade County ATIEST: HARVEY RUVIN, Clerk of Said Boar =--_--...... By: . Deputy Clerk Approved as to Form and Legal Sufficiency: ~ ~~ OON~) -jQl.~21~ Assistant unty Attorney Authorized by Resolution No. R-176-04. Grant of Easement -City of South Miami Folio No. 09-4024-000-0620 ~'---6AI--+----------------- ----~. ACCOMPANY A LEGAL DESCRIP-«Wo22oo318~WI~~¥9~lrA SKETCH TO SURVEYOR NOTES: LOCATION MAP MIAMI-DADE COUNTY SEC.24-TWN.54S-RGEAOE 1. REPROOUCTIONS OF THIS SKETCH ARE NOT VALID HlTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA liCENSED SURItE:YOR AND MAPPER. 2. THIS -SKETCH &-LEGAL DESCRIPTION-HAS BffN PREPARED FOR THE EXa..USlItE: USE OF THE ENTITIES NAlt/ED HEREON . .J. THIS EASEMENT DESCRIPTION WAS PREPARED BASED ON DESIGN PLANS PREPARED BY It/'AMI-OADE WASO, mLED -LOW PRESSURE FORCDlAIN SEIlER PLANS~ SHffTS CI.39 AND CI.40 ItfTH PCTS No. 14J91/PRo.ECT No. 5049459; nLE NAME ·098.008-Pump Stations (SH 20-40).dwg-DHAttlNG No. S-43-D AND 5-44-0, OA TtD ON 12/2017 AND PROIADEO IN AutoCltO FORMA T. 4. DA TA SHOtW HEREON WAS COlt/PILED mOlti INST1?UMENT(S) OF RECORD AND FROItI "THE AufoCAO nLE PROVIDED AND DOES NOT CONSTlTUTt A BOUNDARY SURItE:Y. 5. BEAHINGS ARE BASED ON AN ASSUMED MERIDIAN, KHERE THE NORTH LINE OF THE PARCEL DESCRIBED IN ORB 24()10 A T PACE 1281 OF THE PUBUC RECORDS OF MIAlt/I-DADE COUNTY, FlORIDA, BEARS NORTH 8ng'1"· EAST. 6 . SUHItE:Y H£FERENCES (ALL mOltlMIAMI-DADE PLlBliC RECORDS): a. MIAMI-DADE OFFICIAL RECORD BOOK 24010, PACE 1281. b. PLA T BOOK 45, PACE 21. c. PiA T BOOK 18, PAGE 47. d. PiA T BOOK 31, PAGE 4. 7. SINCE NO OTHER INFORlt/ATlON WAS FURNISHED OTHER THAN KHAT IS ClTtO IN THE SOURCES OF DATA, THE alENT IS HEREBY AD.",SEO "THAT "THERE It/AY BE LEGAL RESTRICTIONS ON THE SUBLCT PROPERTY THA T ARE NOT SHOtW ON THIS SKETCH OR CONTAINED tlATHIN THIS REPORT THAT It/AY 8E FOUND IN "THE PUBliC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. I HEREBY CERTIFY THAT THIS -SKETCH TO ACCOMPANY LEGAL DESCRIPTION-WAS PERFORlt/ED UNO£R MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELlEItE: AND FUR"THER. THA T SAID SKETCH MEETS THE INTF:NT OF "THE APPLICABLE PRO.",SlONS OF "THE STANDARDS OF PRACTICE FOR LAND SURllEl'1NG IN THE STA Tt OF FlORIDA PURSUANT TO RULE 5J-I7. FlORIDA At».IINIST1?ATlIIf: CODE AND ITS IMPLo/ENTING LAW. CHAPTER 472.027 OF THE FlORIDA STATUTES. THIS DOCUMUT IS NOT VALID WITHOUT ALL8HHTS ABBREVIATIONS: ORB -OFFICIAL RECORDS BOOK P8 E PLA T BOOK PC -PACE P'O.B-POINT OF BEGINNING P.O.C -POINT OF COMMENCEMENT R/W -RIGHT OF WAY THIS IS NOT A BOUNDARY SURVEY 4300 SW 58 AVE. MlAMl, FL. 33155 MIAIII-DADE COUNTY. FLORIDA MIAMI-DADE WATER AND SEWER DEPARTMENT DATE: JAN. 6, 2020 SCALE: N.T.S. DRAWN BY: M.S. S-401 1 of 4 521 SKETCH CFN : 20220031816 BOOK 32955 PA~ 522 TO ACCOMPANY A LEGAL DESCRIPTION EXHIBIT tA' MIAMI -DADE COUNTY THIS DOCUMENT IS SEC.24-TWN.54S-RGE.40E NOT:tt~H=OUT LEGAL DESCRIPTION; A PORTION OF lAND l't1NG WTHIN THE S ~ OF mE SW ~ OF THE NE ~ OF THE NE ~ AND WTHIN THE S ~ OF THE SE 1/4 OF THE NW ~ OF THE NE ~ OF SECTION 24, TOHNSHIP ~4 SOUTH, RANGE 40 £. IN AlIA/til-DADE COUNTY. FLORIDA; AND AlORE PARTlCU£ARl Y DESCRIBED AS FOlLOWS: COMAIENCE AT THE SOUTH EAST CORNER OF lDT 5 IN BLOCK ~ OF ·GOl.FCRS HA I.£N: ACCORD/NG TO THE PLAT mEREOF AS RECORDED IN PLAT BOOK 4~ AT PAGE 21 OF THE PUBUC RECORDS OF AlIA"'I-DADE COUNTY, FLORIDA; mENCE N 8779'14· E ALONG THE NORmERt. Y liNE OF THE PARCEL DESCRIBED IN ORB 24010 A T PAGE 1281 OF mE PUBUC RECORDS OF ""AUI-DADE COUNTY, FLORIDA FOR A DISTANCE OF 30.85 FEET TO THE POINT OF BEGINNING OF A 10 FEET ~DE EASEUENT L't1NG 5.00 FEET ON EACH SIDE OF THE FOlLOMNG Dt:SCRIBED CENTERLINE: m£NCE S 2'46'03· E FOR A DISTANCE OF 19.98 FEET; THENCE S 45'44'55· E FOR A DISTANCE OF 7.J2 FEET; THENCE S 88"4.J'4r E FOR A DISTANCE OF 250.22 FEET; THENCE N 89'24 '48· E FOR A DISTANCE OF 57.8.] FEET; THENCE N 8870'32-E FOR A DISTANCE OF 57.8J FEET.. TH£NCE N 8873'48-E FOR A DISTANCE OF 62.06 FEET; THENCE N 8679'03-E FOR A DISTANCE OF 62.06 FEET; THENCE N 84'24 'lr E FOR A DISTANCE OF 62.06 FEET; THENCE N 82'29'31-E FOR A DISTANCE OF 62.06 FEET; THENCE N 79'49'00· E FOR A DISTANCE OF 2~.69 FEET; THENCE N 82'48'22-E FOR A DISTANCE OF 25.69 FEET; THENCE N 85'47'44-E FOR A DISTANCE OF 12.85 FEET; THENCE N 87VJ'OO-E FOR A DISTANCE OF 191.09 FEET; THENCE N 42VJ'oO-E FOR A OISTANCE OF JI.58 FEET .. THENCE N 8779'1r E FOR A DISTANCE OF 281.01 FEET; THENCE SOUTH 47'44'4r E FOR A DISTANCE OF 26.10 FEET TO A POINT ON THE KS7FRlY RIGHT OF WAY UNE OF SW 58th AI.£NUE AS DESCRIBED IN ORB 24010 AT PAGE 1281 OF THE PUBLIC RECORDS OF AlIA"'I-DADE COUNTY. FLORIDA, SAID POINT ALSO BEING mE POINT OF TERNINATION. THE SIDEliNES OF THIS EASEUENT ARE TO BE LENcm£NED OR SHORTENED A T ANGLE POINTS AND INTERSECTION POINTS TO FORU A CONTINUOUS STRIP OF LAND ALONG THE ROUTE DESCRIBED AND TO TERNINA TE A T THE NORTHERL Y AND A T THE EASTERLY PROPERTY liNES OF THE PARCEL DESCRIBED IN ORB 24010 AT PAGE 1281 OF THE PUBliC RECORDS OF ""AMI-DADE COUNTY, FLORIDA . AU SAID LAND l't1NG. BEING AND LDCA TED IN AlIAAlI-DADE COUNTY, FLORIDA AND CONTAINING 1~4O SWARE FEET. AlORE OR LEss, OR 0.OJ5 ACRES AlORE OR LESS BY CALCULA TlON. THIS IS NOT A BOUNDARY SURVEY 4300 S1f 58 AVE. MIAMI. FL. 33155 MIAMI-DADE COUNTY, FLORIDA MIAMI-DADE WATER AND SEWER DEPARTMENT DATE : JAN. 8. 2020 I SCALE: N,T,S. DRAWN BY: M.S. I S-401 2 of 4 ..J PORTION OF THE S 1/2, SW 1/4 ,NE 1/4, NE 1/4 AND PORTION OF THE S 1/2, SE 1/4, NW 1/4, NE 1/4 OF SECTION 24-54-40 -_. ~....j '\ ~ ~ :tl SW 42 TERR. N 8779'14' £ (BASIS OF 8(ARINGS) _ _ _ __: ~ R ---~ , VI~____ ---T . r-I i~ I~ ~ ~ ~ '1w '---T T I 3 \~ \ ~ ~--l-~~ ~OLFER HAVEN " PB I 45-PC 21 • : : !a f?\ ! ~ l \) \u' I · 1 I I I :a~~:l ~ \~~ I~~ i f4\1 1 r!. ~ ~:g c~:s:&V'-1 ~ HJ ~ c; ~ '\V I 6 \ 7 81~ S~~l;rQ.~V ~, 4, I ~ 2' 3 \ 4 'I 5 I :e :!II!! -!5 I -lID bC'l "-I.. ~ " ... ~--i I ~ , '" .-I fr-HPJ ~ \. \ \ I I~i!~~ , ~ ~.~ -:30 .8.' 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I N85'4744'E 12.85 f£ OF 10 ' EASEMENT I N79'49'00"E 25.69 ' I N8229 '31 "E 62. 06' NOT SUBDIVIDED : ~ I PORTION OF THE S 1/2, SW 1/4 ,NE 1/4, NE 1/4 AND I PORTION OF THE S '/2, SE 1/4, NW 1/4, NE 1/4 OF SECTION 24-54-40 • Folio No. 09-4024-000-0620 ~* ~ ~ m rn ~ 1-3 ("') ::t= 1-3 0 rn > tz:Ia::("') ("') ("') . -0 ~~a:: I-'"d ~tk~ z>~ .~ C1ltzj> ~ rn("')~ 1 0 :itlCc;) c;)Z> ~~~ ~ ~ o tzj tz:I rn ("') :;tI -'""=' ~ ~ 0 N N 0 0 w 5'" ~ z tzj-'-~-Ol ~ < 01 ~OJ 1= ~ § ta 8 01 CI c: _'" i! .1-3~ ~~ .. CD .z=>~ 0_ -u c. » .... ~ <J1" N' W SKETCH CFN : 20220031816 BOOK 32955 PA1~f 524 TO ACCOMPANY A LEGAL DESCRIPTION EXHIBIT t A, MIAMI -DADE COUNTY THIS DOCUMENT IS SEC.24-TWN.54S-RGE.40E NOT VALID WITHOUT ALL SHEI!TS NOT TO SCALE I I I I \ I I I \ I I I \ I I I \ CONTINUES ON SHm ;, Of' 4 AIOV[ RIOHT JOSE R. BAnsTA, P.S .... Professional ~)'DI' and "apper Stote 'of flOrida -Uc:en. No. sm 3575 s. La JaN Rd Iibn~ Fl 3311,!ASD ~~i~Ztl NOI' VALID WlTBOUT TBJ SlG!f41'UU .um TBB OBlGItW. JWBID SBAL or A UCDraI), noRmA 8l1ImrYOR AND IW'PZR THIS IS NOT A BOUNDARY SURVEY 4300 S1J 58 AVE, MIAMI. FL. 33155 MIAMI-DADE COUNTY, FLORIDA MIAMI-DADE WATER AND SEWER DEPARTMENT DATE: JAN. 6, 2020 I SCALE : N.T.S. DRAWN BY: M.S. I S-401 4 of" .oJ 19 EXHIBIT 3 "NW PARK PHOTOS" 20 EXHIBIT 3 "NW PARK PHOTOS" 21 EXHIBIT 3 "NW PARK PHOTOS" 22 EXHIBIT 3 "NW PARK PHOTOS" I I ,I ; , , I , , 23--II) ~ ..J D.. W ~ ~ ~ ri :j ~ ~ D.. :a: ~ 'lit ~ m -:c >< w .......,...,. ............. PRCPSOY -r.Ee~ ~A.~ "!"U0IlT_ tI~AaEI. """"'"'" .....,.,."... """"""" 0\ TREE OISPOSmON PLAN ~ ac,.t{.Ct .... r,q-~ .-PIIOI'ERTY III (; I' tU +~r'.ao _LEGEND @---PARI<1'RCOERTT .-0. --...........,.,"" ~ .. 041 ilWG'CDAW «xnM ...... fII,.J31. P:~ ~ ... ~""""" IOIom'lJlftoWl~DI'i1tY PRO.IIICT LOCATfON: J:OIJ'lH~IlIIAQ-.u ClCD~"(o'£. ~~,!lilloC1 -.cr"~I~ a'T"t 0I3Olmt U\.WI --' •• _.'n_-... .. ~ '"'-~ail:.1.UI --TREE DISPOSmON AND DEMOUTION PLAN L-1.00 24: II) z « ..J D. 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Y BY SPRAYER OR BY WoNUFACiURER'S RECOIoIIMENOEO METHOO. NOTtS: 1 AU. ACCESS PATllSAHO PLAy l1RFAeES :SHAll. BE FIRN.lr.'ABlE. MO $UP RESISTANT. 2. 3l0"ESOFAU.ACC!SS ""'TlISNtD PlAY $URFAC!S NOiTO UCEEC 1:2G.. 1. KfWSlO£WAL.KSTC '!JEri ACCORDAHCE'WfTI'I!"DOT !IE5X;H Si'MOAADS~ ANO l«. 0\ CONCRETE WNJWVAY ~SCAl..E:l"fZ'''l'-c" L...QI\IDSCAPIiCIE,u..c LA.~~AACHr.E.CT"u!l.1!. GQ~II2tiOAVE SOUTIi MIAMI. FL 331$S P:XlS-Z164111t.\ INf04llANDlCAPEO£.cx:M W'N1'fJ.A.\l~oe..oc::w PRO.JECT NAMI!!: .scu~ atlNoIl PARK ENTRY PROJV:T LOCA'TlOM: ISOIfT'KUtti 'lVtMIHUS OFSWIOTl4COURT • 3OU"THt.fIAMlF"3l1~ ~~IoIDITt~I~ ctTY OF SCJw III .wAM1 P'AI:I~NAL SEAL(S): ~~1"MO_."""" L.N\IDCCIIoPCoc..u.e GATE DETAILS L-2.00 25en z « -I 0.. W ~ C) ~ I-Z W S z ~ " « 0.. :iE UJ . . oqo I-m -J: >< w j r---~i I " i I ~~'n':UTORalAlH~ I ~' j I ~IIG~"lD~OIAIJII-.....b,.....">_C,,,""" __ , , ""rObAla I I I ~ ~ 01 gI ! ~! ~= 1 I i I , SW42TR /T:::::: / ! 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NlW~cEN£NT TO aE CJREc;T!:) IT LAI'ICSoCAPE AACHI'nCTOH SITE.. ~u.: ~""''''''1U'' 4AIIIaNl:NtJ"vt. samt~Ft!m!B p:;:szs.:~ ~~ PROJE.CT~ $OUTH NI*I PARK EH"I'JtY ~LOCAT.Orwt.:: SOLr.ltMIIIMIPARK COQ~5I!Il'WA.VE. so.mI tMlM.l'l.~~<6l ~a.aHfIDll~ CTYOF&CUTHMIANI PRaFUSlDML.SEAI...{S); ~~~ ~ClLLLC Q;l,ul~ SMQET ISSUi I ftEIMION I..QG :I~8Y; OT CATE: ~ 1a.'m':O'Bo SPmol'O:l.; PLANTING PLAN L-3.00 26 EXHIBIT 4 "SM PARK NW ENTRY GATE PLANS" il I I~ I I 5 Ii~ I d Bft8 1 ~l Ii ~~2~ I I ~ " , ~ E ~ ~ e ~ (J) > .. ,q ~ j t i~ ~ ~!I "'Oz i J I r l II ill, a m-i i L a ()-~I I j mu .. i~P (J)Z ~ ~ li . ~ (i) ro Ii g ~ ~ c ~ ~ 27 r I 0 I I -Jo. . 0 C) 4. }l :,' r; ~ 11 " .~ :~ gq !:~~I~ ~~r 1 ~~ L I, \. I ~ ,: 11 f: ,r t EXHIBIT 5 "NEW SIDEWALK PLANS" "(-"7 (- ,~1 1 1.1,II.J_LLIJ J. 11 Jjj ! I '-I' f 1 ~ ~ I~ ~ t- ((I)) ~l Ii r. " ' If ~' ,; " I WII ~"~ \' U /'1 ,I , '/ , ~I 'il '! I, ( I I! ! t,;! ~ 1 .. ~ t r ; I I f,r .'.~ I! 1 " ~ ... J ' . ~! 28 " ~I ~ ~ M ~ ~ Yi i' ,f •. " " ~i II \ .. - I ., I ' r I I ~ . C) (.:) ?; 1J ;u rO ~ (}J z~ 'U III EXHIBIT 5 "NEW SIDEWALK PLANS" CO) l;p. I: r-\ " . • Oi .. f: " ,. til; I • ~ ,t Ij \' 1 'I \ I ~ I 't ~ I, -, 1: I, 1 III I ~ I. i! l l ~ t ~ 11 I I' \ .. II II • Gil) o- r; ~ ~i /i ,I ii .1 " " " " 1 I "I :' 1\ I 101,/",10.'11 r. ~ 'I '1 ~ /, .) , ) 1-' l' ~i'; l- I' ) (I .. ":!I / :,1'/"''''' ,',' "', •. =\-= " ..... '," ,- 'J' /1(,11 ~ I'~ P i.~~~ ~ l~' .',' I I J ~ 1,-':" • I; ~~~ ,,' ,,:rl ~~~~ I I VI 1 \ : I ii,! ld (w ':'''1 I. II, I I . r' 'i '\I I !I • ~ ,'. 29 30 31 32 33 34 35 36 18SE SUNDAY JANUARY 24 2021NEIGHBORSMIAMIHERALD.COM Two Publix pharmacies in the Florida Keys, one in Key West and another in Islamorada, will distribute the COVID-19 vaccine this week. LOCATIONS Publix, which has two stores in Key West, will offer the vaccines for now only at the one at 1112 Key Plaza, according to the grocery chain’s list. The Publix in Islamorada is at 83268 Overseas Highway. RESTRICTIONS The vaccines will be offered to residents 65 and older and will be available by appointment only, Gov. Ron DeSantis said at a news conference in Jupiter on Tuesday. APPOINTMENTS AND WHEN THE SHOTS WILL START The two Keys Publix pharmacies started taking appointments for eligible people after 6 a.m. Wednesday, and shots are scheduled to begin to be administered on Thurs- day, according to Publix. But Wednesday morn- ing, Publix announced online that all available vaccine appointments had been claimed. Appoint- ment-making will resume after 6 a.m. Friday for appointments that will start Saturday. Those eligible for the COVID-19 vaccine in Flor- ida, by appointment only, are: healthcare personnel with direct patient contact, residents and staff of long- term care facilities and adults 65 years and older. You can’t call the store to get an appointment. “Vaccination appoint- ments are scheduled on- line only,” the website said. “Appointments can- not be made by calling Publix or the Publix phar- macy.” Each store will have 100 or 125 shots available per day, DeSantis said. KEYS STATS According to the state’s Monday vaccine report, 4,207 people in the Keys have been vaccinated with 260 receiving the required two doses. Monroe County is home to about 74,000 people. More than one million Floridians have been vacci- nated and 100,351 people have received both doses. Gwen Filosa: KeyWestGwen FLORIDA KEYS Publix stores in the Keys started booking COVID vaccine appointments. They’re all taken for now BY GWEN FILOSA gfilosa@flkeysnews.com MATIAS J. OCNER mocner@miamiherald.com Antonio Castro receives the Pfizer-BioNTech COVID-19 vaccine from Walgreens Pharmacy Intern Erika Blanco, 24, at The Palace Renaissance & Royale, an assisted living facility in Kendall, on Wednesday, January 13, 2021. Vaccines were available Wednesday for The Palace residents and staff. 37