HomeMy Public PortalAbout20-9763 Drainage Agreement Between Castle Opa, LLC for Service RoadSponsored by: City Manager
RESOLUTION NO. 20-9763
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING THE
EXECUTION OF A DRAINAGE EASEMENT
AGREEMENT BETWEEN THE CITY OF OPA-LOCKA
AND CASTLE OPA, LLC, A FLORIDA LIMITED
LIABILITY COMPANY, FOR A SPECIFIC PORTION OF
A PUBLIC RIGHT OF WAY KNOWN AS SERVICE
ROAD AND IDENTIFIED BY FOLIO 08-2122-005-2170;
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE EASEMENT AGREEMENT ON BEHALF OF THE
CITY OF OPA-LOCKA; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Opa-locka ("City") owns a parcel of land known
as "Service Road", more particularly described as the public right-of-way, which
is adjacent to property owned by Castle Opa, LLC; and
WHEREAS, Castle Opa, LLC desires to develop and improve the use of
their property at 1700 Service Road (identified by folio 08-2122-005-2170) ("the
Property") and intends to install, construct and maintain storm water, drainage,
sanitary sewer lines, facilities, and private utilities under and within a portion of
the City's Property, as described in the "Easement Agreement" attached hereto as
Exhibit "A"; and
WHEREAS, Castle Opa, LLC desires to develop and improve the use of
their property and Miami -Dade County Environmental Resources Management
(DERM) requires additional safeguards for stormwater management for
development of the Property, the City Commission finds that it is in the best
interest of the City to grant an easement to Castle Opa, LLC; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Resolution No. 20-9763
Section 2. AUTHORIZATION/APPROVAL
The City Commission hereby approves the execution of an Easement
Agreement with Castle Opa, LLC and authorizes the City Manager to
execute the Easement Agreement (attached hereto as Exhibit "A") on
behalf of the City of Opa-locka, Florida.
Section 3. SCRIVERNER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and
corrections of typographical errors which do not affect the intent may be
authorized by the City Manager, or the City Manager's designee, without
need of public hearing, by filing a corrected copy of same with the City
Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject
to the approval of the Governor or his designee.
PASSED AND ADOPTED this 27th day of May, 2020.
ATTEST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnasktte Norris- -eks, P.A.
cAttorney
Matthew A. Pigatt, Mayor
2
Resolution No. 20-9763
Moved by: COMMISSIONER KELLEY
Seconded by: VICE MAYOR DAVIS
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
3
IONV
NEIGHBORS
SUNDAY MAY I2 2020
MIAMIHERALD.CDM
0 CITY OF OPA-LOCKA, FLORIDA
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City
of Opa-locka, Florida will hold a public hearing at its Virtual Regular
Commission Meeting on Wednesday, May 27, 2020 at 7:00 p.m. to
consider the following item:
RESOLUTION/PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, APPROVING THE EXECUTION OF A
DRAINAGE EASEMENT AGREEMENT BETWEEN THE CITY
OF OPA-LOCKA AND CASTLE OPA, LLC, A FLORIDA LIMITED
LIABILITY COMPANY, FOR A SPECIFIC PORTION OF A PUBLIC
RIGHT OF WAY KNOWN AS SERVICE ROAD AND IDENTIFIED BY
FOLIO 08-2122-005-2170; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE EASEMENT AGREEMENT ON BEHALF OF
THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION
OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Additional information on the above item may be obtained by
contacting the Office of the City Clerk via telephone (305) 953-2800
or email jflores@opalockafl.gov. All interested persons are encouraged
to participate in this meeting and will be heard with respect to the
public hearing.
In accordance with the Americans with Disabilities Act of 1990, persons
needing special accommodations to participate in the proceeding should
contact the Office of the City Clerk at (305) 953-2800 for assistance no
later than seven (7) days prior to the proceeding. If hearing impaired,
you may telephone the Florida Relay Service at (800) 955-8771 (TTY),
(800) 955-8770 (Voice), (877) 955-8773 (Spanish) or (877) 955-8707
(Creole).
PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision
made by any board, agency, or commission with respect to any matter
considered at such meeting or hearing will need a record of the proceedings,
and for that reason, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon
which the appeal may be based.
Joanna Flores, CMC
City Clerk
City of Opa-locka
HIT-AND-RUN
Man dies in boat crash near Star
Island in Miami Beach: Police
BY CARLI TEPROFF AND
DAVID GOODHUE
cteproff@muumiterald.com
dgoodhue@ miamiherald.com
A hit-and-run boat crash
Tuesday night that hap-
pened between Star Island
and Flagler Monument
Island in Miami Beach
killed one person and left
another injured, according
to police.
The Florida Fish and
Wildlife Conservation
Commission identified the
man who died as Diego
Alejandro Becerra, 28,
from Key Biscayne. He was
ejected from a 32-foot
center console boat on
which he was a passenger.
A fire -rescue crew pulled
him from the water and
took him to Jackson Me-
morial Hospital, where he
died later from his injuries,
according to the FWC
report.
The operator of the cen-
ter console, 26-year-old
Francisco Urteaga, of Mia-
mi Beach, was not injured
in the collision, the report
states.
The crash, which is un-
der investigation by FWC,
happened about 8:45 p.m.,
police say.
The boat that collided
with Urteaga's vessel was a
23-foot cabin cruiser, dri-
ven by Brian Hodges, 32, of
Miami, according to the
agency's report. One of his
five passengers, Tesia
Vanessa Valderia, 26, from
North Miami, was taken to
Mount Sinai Medical Cen-
ter, where she was treated
for minor injuries, Fish and
Wildlife investigators say.
FWC spokesman Officer
Ronald Washington said
Hodges left the scene after
the crash. His boat was
"located nearby" that
night. Hodges has not been
arrested and no charges
have been filed yet, Wash-
ington said.
It's not clear where
Hodges' boat was found.
Corti Teprofi
305-376-3587, @cteproff
Subscribers:
Activate your full digital
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your subscription. Visit
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JiTharni Nerata
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City of Opa-Locka
Agenda Cover Memo
RECEIVED
CITY OF OPA-LOCKA
OFFICE OF THE CITY CLERK
1010MAY -5 PM12:I8
Department Director:
Gregory Gay
Department Director
Signature:
'ice
Finance Director:
FD Signature:
Department
C
----- Ai
City Manager:
John E. Pate
CM Signature:
.1f'r
AV
ji
Commission Meeting
Date:
05-13-20
Item Type:
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Sponsor Name
City
Manager
Department: Planning & Community
Development
City Manager
Short Tale:
A Resolution of the City Commission of the City of Opa-locka, Florida, approving the
execution of a drainage easement agreement between the City of Opa-locka and Castle
Opa, LLC, a Florida Limited Liability Company, for a specific portion of a public right of
way known as Service Road to improve the use of their property at 1700 Service Road
and identified by folio 08-2122-005-2170; Authorizing the City Manager to execute the
easement agreement on behalf of the City of Opa-locka; Providing for incorporation of
recitals; Providing for an effective date.
Staff Summary:
Castle Opa, LLC, through their Comercial Property Realtor/Project Manager, Reese Stigliano,
SIOR, presented a request to Planning & Community Development Department Staff to obtain
City approval for a drainage easement on the City Right of Way described as Service Road to
support the development of the property at 1700 Service Road. The property owners are
considering the development of a residential, fee simple town house project, however because of
brownfields remediation concerns Miami Dade DERM is requiring additional safeguards
concerning stormwater management. The property owner is requesting an easement in the City
Right of Way, known as Service Road, that is adjacent to their property, to construct and maintain
a drainage watermanagement easement.
Background
• According to Compass Surveying, the legal descriptions for this drainage easement
adjacent to the Cuyahoga development site is as follows:
LEGAL DESCRIPTION:
PORTION OF A 30 FOOT SERVICE ROAD RIGHT OF WAY. LYING NORTHERLY OF
BLOCKS 346 AND 347, MAGNOLIA GARDENS CONSOLIDATED, AS RECORDED
IN PLAT BOOK 50, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 346; THENCE
NORTH 63°20'21" EAST, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF
SERVICE ROAD AS SHOWN ON SAID PLAT, A DISTANCE OF 260.33 FEET TO A
POINT OF CURVATURE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF
4222.66 FEET AND A DELTA OF 03°38'08", THENCE NORTHEASTERLY ALONG
ARC OF SAID CURVE, A DISTANCE OF 267.94 FEET TO A POINT OF REVERSE
CURVATURE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 25.00 FEET
AND A DELTA OF 120°17'47", THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE, A DISTANCE OF 52.49 FEET TO A POINT ON THE WESTERLY
RIGHT-OFWAY LINE OF N.W. 17TH AVENUE; THENCE NORTH 00°00'00" EASTM
A DUSTABCE IF 78.83 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE
OF SERVICE ROAD, POINT BEING ON A CURVE CONCAVE TO THE NORTHEAST
WITH A RADIAL BEARING OF SOUTH 31°08'05" EAST, HAVING A RADIUS OF
4192.66 FEET AND A DELTA OF 04°28;26"; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE, A DISTANCE OF 327.39 FEET TO A POINT OF
TANGENCY; THENCE SOUTH 63°20'21" WEST, A DISTANCE OF 245.27 FEET TO
A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF N.W. 18TH AVENUE
THENCE SOUTH 00°00'00" WEST, A DISTANCE OF 33.57 FEET TO A POINT OF
BEGINNING.
CONTAINING IN ALL 17,605S SQUARE FEET / 0.40 ACRES, MORE OR LESS.
Resolution -Approve Easement Agreement on City Right of Way —05-13-20
On December 11, 2019, PCD Staff met with Elliot Stone and Reese Stigliano in discussion of the
Cuyahoga Site located at 1700 Service Road. The property, owned by Castle Opa Companies,
is a brownfields site which has undergone significant remediation since it was acquired by the
group in 2018. After acquisition of the site and all code enforcement issues as well as a settlement
agreement reached with DERM resolved a previous owner's lawsuit, the group met with DERM
to discuss options for cleanup of the site. It was conceived that a Phase II Environmental
assessment/Remedial Action Plan would be needed to assess the level of contamination on the
site and the proper removal processes which needed to take place to remedy the site. The Phase
II was prepared by Terracon Consultant on behalf of the City of Opa-locka through a federal grant
by the EPA the report/assessment, completed on March 30, 2019, took 9 months to complete.
The cleanup included the removal of all Asbestos Containing material and over 10,000 tires from
the site. To date the site as per Terracon's Report "poses a lessened environmental risk in
comparison to site conditions that existed prior to purchase by current property owner and
execution of the consent Agreement with Miami Dade County". As a result, Terracon provided
recommendations for the future development of the site and Castle Opa, LLC has conveyed their
plan to develop residential townhouses, however formal submission has not been made.
Proposed Action:
Staff has recommended approval of this Request.
Attachment:
DRAFT Resolution
Drainage Easement Agreement
Survey of Easement Area
Resolution -Approve Easement Agreement on City Right of Way—05-13-20
When Recorded Return To:
Saul Ewing Arnstein & Lehr LLP
701 Brickell Avenue
17th Floor
Miami, Florida 33131
Attention: Louis P. Archambault, Esq.
Recorder 's Use
DRAINAGE EASEMENT AGREEMENT
THIS DRAINAGE EASEMENT AGREEMENT ("Agreement") is made and entered
into as of this day of , 2020 (the "Effective Date"), by and between CITY OF
OPA-LOCKA, a Florida municipal corporation, whose address is 780 Fisherman Street, Opa-
Locka, Florida 33054 ("Grantor") and CASTLE OPA, LLC, a Florida limited liability
company, whose address is 11900 Biscayne Boulevard, Suite 262, Miami, Florida 33181 and its
successors and assigns ("Grantee").
RECITALS:
A. Grantor owns fee simple title to that certain real property located in Miami -Dade
County, Florida legally described on the attached Exhibit A (the "Grantor Property") which
consists of a thirty foot (30') service road right of way.
B. Grantee owns fee simple title to that certain real property located in Miami -Dade
County, Florida legally described on the attached Exhibit B (the "Grantee Property").
C. As part of Grantee's development of the Grantee Property, Grantee requires
stormwater lines and drainage facilities to service the Grantee Property (the "Grantee Drainage
Facilities").
D. Grantor has agreed to grant to Grantee, to the benefit of the Grantee Property and
its assigns, an easement over, upon and through the Grantor Property for the drainage, outflow of
stormwater and the construction, installation, existence, operation, use, maintenance, repair and
replacement of the Grantee Drainage Facilities into, upon, to and through the Grantor Property
but for no other use or purpose (the "Drainage Easement").
Therefore, in consideration of the agreements hereinafter contained, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor
and Grantee hereby agree as follows:
1
36497658.2
1. Recitals. The Recitals in this Agreement, including all defmitions provided
therein, are hereby incorporated into the Agreement.
2. Grant of Easements to Grantee. Grantor hereby conveys and grants to Grantee, its
agents, employees, contractors, vendors and invitees, and its successors and assigns (the
"Grantee Parties"), and as covenants running with the Grantor Property, the Drainage
Easement in over, upon and through the Grantor Property to service the Grantee Property and
for Grantee to install the Grantee Drainage Facilities and an easement over, upon and through
the Grantor Property for the drainage, outflow of stormwater and the construction, installation,
existence, operation, use, maintenance, repair and replacement of the Grantee Drainage
Facilities. The Drainage Easement shall contain the right for vehicular or pedestrian access,
ingress and egress through, over and upon the Grantor Property to access the Grantee Drainage
Facilities and as otherwise provided above. The Drainage Easement shall include the right of
Grantee to test or sample any soil or water within the Drainage Easement in the scope and using
means and methods as reasonably determined by Grantee and as may be required by the Grantor
or the Miami Dade County Department of Environmental Recourse Management (as more
particularly set forth in Section 10 below.) Nothing contained herein shall restrict the right of
Grantor to otherwise use the Grantor Property for any lawful purpose.
The Grantee Parties shall be responsible for ensuring that all discharge flowing into and through
the Grantor Property meets applicable governmental rules, regulations, codes, ordinances and
statutes (the "Quality Statutes"). The Grantee Parties shall indemnify and hold harmless the
Grantor from and against any and all damages, costs, expenses, losses, liabilities, fees (including
reasonable attorney's fees and costs) and suits which such Grantor actually incurs by reason of a
violation of any Quality Statute solely due to the discharge flowing from the Grantee Property in
violation herewith from Grantee Drainage Facilities caused by the Grantee Parties.
3. Maintenance, Operation and Use. Grantee shall construct, maintain, repair and
operate the Grantee Drainage Facilities at Grantee's sole risk, cost and expense, in a good and
workmanlike manner and in compliance with any and all applicable federal, state and local laws,
statutes, regulations and ordinances and rules of governmental and administrative agencies and
or as deemed necessary in Grantor's reasonable judgment. Grantee shall repair and restore, at
Grantee's sole cost and expense, any damage to the Grantor Property caused by any negligent,
intentional or willful act or omission of Grantee or any Grantee Parties relating to the exercise of
any rights granted herein. All Grantee Drainage Facilities installed within the Drainage
Easement shall be located below surface grade, except to the extent any necessary valves or
controls need to be located above surface grade. Grantee shall not permit or create or suffer to
be permitted or created any mechanics, materialmen, or other similar encumbrances or liens
upon the Grantor Property or any part of either by reason of any labor, services or materials
rendered or supplied or claimed to be rendered or supplied with respect to the easements granted
hereby.
4. Term of Easement. The Drainage Easement shall be perpetual.
2
36497658.2
5. Indemnity. The Grantee Parties, shall indemnify, defend and hold Grantor
harmless from and against any and all claims for injuries and or damages to persons or property
suffered or alleged to be suffered on or about the Grantor Property or Drainage Easement by
reason of the acts or omissions of the Grantee Parties. Grantor shall indemnify, defend and hold
the Grantee Parties harmless from and against any and all claims for injuries and or damages to
persons or property suffered or alleged to be suffered on or about the Drainage Easement by
reason of the acts or omissions of the Grantor.
6. Liability Insurance. Grantee shall at all times maintain commercial general
liability insurance and shall cause its Grantee Parties performing work on or about the Grantor's
Property or the Drainage Easement and, during the construction of the Grantee Drainage
Facilities, to carry commercial general liability and workers' compensation insurance, with
minimum liability limits of insurance coverage at levels similar to the levels carried by the
owners (and contractors) of comparable properties in the Opa-Locka, Florida area or as
reasonably required by the parties.
7. Non -Interference. Grantee shall use commercially reasonable efforts not to
interfere with Grantor's operations on the Grantor Property in the exercise of Grantee's rights
hereunder, provided, however, that Grantor acknowledges and agrees that during the
construction of the Grantee Drainage Facilities, Grantee may not be able to avoid temporary
interruption to Grantor's operations on the Grantor Property. Temporary interruptions to
Grantor's use of portions of the Grantor Property during the construction of the Grantee
Drainage Facilities shall not be considered unreasonable hereunder and shall be permitted. The
Grantor shall not unreasonably interfere with work performed by Grantee or the Grantee Parties
in connection with the construction of the Grantee Drainage Facilities and the exercise of rights
granted hereunder.
8. Force Majeure. Neither Grantor nor Grantee shall have any liability whatsoever to
the other, with respect to any act, event or circumstance arising out of either or both of: (a)
Grantor's or Grantee's, failure to fulfill, or delay in fulfilling any of its obligations under this
Agreement by reason of labor dispute, governmental preemption of property in connection with
a public emergency or shortages of fuel, supplies, or labor, or any other cause, whether similar
or dissimilar, beyond Grantor's or Grantee's reasonable control; or (b) by reason of any
requirement, act or omission of any public utility or others serving the Grantor Property, beyond
Grantor's or Grantee's reasonable control.
9. Drainage Permits. The parties acknowledge that this Agreement and the Drainage
Easement defined herein is or may be subject to a Miami -Dade County DERM Permit or South
Florida Water Management District Environmental Resource Permit (collectively, the "Drainage
Permits") Grantor hereby consents to Grantee obtaining the Drainage Permits or obtaining any
secondary permits as needed for the Grantee Drainage Facilities authorized under the Drainage
Permits and agrees to assist Grantee upon Grantee's reasonable request to obtain any regulatory
approvals needed in connection with the Drainage Permits, including, without limitation,
executing any such documents as may be required to complete or modify the Drainage Permits.
3
36497658.2
10. Grantor Cooperation. Grantor shall cooperate with Grantee as to any access,
testing and/or sampling that may be required within or for the Grantor Property or Drainage
Easement area arising out of or in connection requirements of the Miami Dade County
Department of Environmental Resource Management and/or any other similar government
agencies and shall cooperate, at no cost to Grantor, with any reasonable requirements and
remediation activities required within the Grantor Property or Drainage Easement area,
including, without limitation, execution of documents that may be required in connection with
these requirements or remediation.
11. Amendments. This Agreement may be amended only by instrument in writing
executed, acknowledged and delivered by Grantee and Grantor.
12. Easements Run With the Land. The easements set forth in this Agreement shall
be a burden upon the Grantor Property, as set forth herein and shall run with the land. The
duration of the easements shall be as set forth in this Agreement.
13. Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon the successors and assigns of both Grantor and Grantee.
14. Costs and Attorneys' Fees. If either party shall bring any action for any relief
against the other, declaratory or otherwise, arising out of this Agreement, the losing party shall
pay the prevailing parry's reasonable attorneys' fees, costs and expenses incurred in connection
with such action, at trial and on appeal, and such attorneys' fees, costs and expenses shall be
deemed to have accrued on the commencement of such action.
15. Notices. Notices shall be either (i) personally delivered (including delivery by
Federal Express or other courier service) to the offices set forth above, in which case they shall
be deemed delivered on the date of delivery to said offices; or (ii) sent by certified or registered
mail, return receipt requested, in which case they shall be deemed delivered on the date that is
three (3) business days after the date shown on the receipt, unless delivery is refused or delayed
by the addressee, in which event they shall be deemed delivered on the date of deposit in the U.S.
Mail or (iii) by confirmed email, in which case they shall be deemed delivered on the date sent:
Grantee:
With a copy to:
36497658.2
CASTLE OPA, LLC, a Florida limited liability company
11900 Biscayne Boulevard
Suite 262
Miami, Florida 33181
Saul Ewing Arnstein & Lehr, LLP
701 Brickell Avenue
17th Floor
Miami, FL 33131
Attn: Miguel Diaz de la Portilla, Esq.
Email: Md.portilla@saul.com
4
Grantor:
With a copy to:
City Manager
City of Opa-Locka
780 Fisherman Street
Opa-Locka, FL 33054
City Attorney
City of Opa-Locka
780 Fisherman Street
Opa-Locka, FL 33054
17. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute but one and the
same instrument. Signatures hereon sent by facsimile may be treated as original signatures.
18. WAIVER OF TRIAL BY JURY. THE PARTIES HERETO, TO THE
FULLEST EXTENT THAT THEY MAY LAWFULLY DO SO, HEREBY WAIVE TRIAL BY
JURY IN ANY ACTION OR PROCEEDING BROUGHT BY ANY PARTY TO THIS
AGREEMENT WITH RESPECT TO THIS AGREEMENT, THE GRANTOR PROPERTY OR
THE GRANTEE PROPERTY, OR ANY OTHER MATTER RELATED TO THIS
AGREEMENT, THE GRANTOR PROPERTY OR THE GRANTEE PROPERTY.
[Signatures Follow on Next Page]
5
36497658.2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
GRANTOR:
THE CITY OF OPA-LOCKA, FLORIDA, a
Florida municipal corporation
By:
Its:
Dated:
Witness Name
Witness Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of 0 physical presence or
0 online notarization on this day of , 2020, by
as of THE CITY OF OPA-LOCKA, on behalf of said Florida municipal
corporation, who is personally known to me or produced as
identification.
(SEAL)
Notary Public, State of Florida
My Commission Expires:
S-6
36497658.2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
Witness Name
Witness Name
STATE OF
COUNTY OF
GRANTEE:
CASTLE OPA, LLC, a Florida limited liability
company
By:
Elliot Stone, as Manager
Dated:
The foregoing instrument was acknowledged before me by means of 0 physical presence or
0 online notarization on this day of , 2020, by Elliott Stone, as Manager
of CASTLE OPA, LLC, a Florida limited liability company, who is personally known to me
or produced as identification.
(SEAL)
36497658.2
Notary Public, State of Florida
My Commission Expires:
S-7
EXHIBIT A
LEGAL DESCRIPTION AND SKETCH OF GRANTOR PROPERTY
c,:[SAL DCi'.KN'rx;N
PORTION OF A 30 FOOT SERVICE ROAD RIGHT OF WAY. LYING NORTHERLY OF BLOCKS 346 AND 347. MAGNOLIA GARDENS
CONSOUDATED. AS RECORDED IN PLAT BOOK 50. PAGE 5. OF THE PUBLIC RECORDS OF MAMI.OADE COUNTY. FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 346• THENCE NORTH 63'20121' EAST. ALONG THE SOUTHERLY
RIGHT-OF-WAY UNE OF SERVICE ROAD AS SHOWN ON SAID PLAT. A DISTANCE OF 260.33 FEET-0 A POINT OF CURVATURE
CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 4222.86 FEET AND A DELTA OF 03'380r. THENCE NORTHEASTERLY ALONG
ARC OF SAID CURVE. A DISTANCE OF 267,94 PEET TO A POINT OF REVERSE CURVATURE CONCAVE -0 THE SOUTHWEST. HAVING
A RADIUS OF 25.00 FEET AND A DELTA OF 120'17Ir. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF
52.49 FEET TO A POINT ON THE WESTERLY RIGH7.OF.WAV UNE OF NW. 171A AVENUE THENCE NORTH 0010000' EAST. A DISTANCE
OF 78.83 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SERVICE ROAD, POINT BEING ON A CURVE CONCAVE TO THE
NORTHEAST WITH A RADIAL BEARING OF SOUTH 311405-EAST. HAVING A RADIUS OF 4192,66 FEET AND A DELTA OF O4'2526':
THENCE ^ THWEST-RLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 327.39 FEET TO A POINT OF TANGENCY' THENCE
SOUTH 6312021' WEST, A DISTANCE OF 24527 FEE' TO A POINT ON THE EASTERLY RIGHT-OF-WAY LNE OF N.W. 1895 AVENUE
THENCE SOUTH 0015000' WEST, A DISTANCE OF 33.57 FEET TO THE POINT OF BEGINNING.
CONTAINING N ALL 17.605 SOUARE FEET; 0.00 ACRES. MORE 0R LESS,
FLOOD ZONE: X)AE
COMMUNITY NUMBER: '20657
PANEL; 12096C0136
SUFFIX: L
BASE FLOOD ELEVATION::71 N.A.V.D. 88
FIRM DATE 0411.2009
sE
N6'3
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REFERENCE:
UNDERLYING BOUNDARY
SURVEY DATED +1412016 BY
TARGET SURVEYING, LLC
SURVEY 4273491
LAND 00
s A�1.°'
LOCATION MAP
CURVE DATA
C-1
R.4222.86
.03'3B'09'
1YM7.9A'
C-2
R=25A0'
A=1201171r
1�A9
C3
R=4162ffi
L27.39
CA
I.D.
P.C.L3
P.R.C.
P,T.
P8M
RM'
R
a
GRAPMC SCALE(m ha)
I ;,.3. so 6.
W
CENTERLINE
IDENTIFICATION
LICENSED BUSINESS
POINT OF CURVATURE
POINT OF REVERSE CURVATURE
POINT OF TANGENCY
PROFESSIONAL SURVEYOR MAPPER
RIGHT OF WAY
RADIUS
DELTA
LENGTH
Kenneth J. 0nbome PSM 11415
THIS SURVEY 15 MOT VALID WITHOUT
THE SIGNATJRE AND THE ORIGINAL RAISED SEAL
OF A FLORIDA LICENSED SURVEYOR AND MAPPER
A-1
36497658.2
EXHIBIT B
LEGAL DESCRIPTION OF GRANTEE PROPERTY
The land referred to herein below is situated in the Coantr of Miami -Dade, State of Florida. and is
described as follows:
All that part of Blocks 346 and 347 of M,AGNOI.1A GARDENS CONSOLIDATED, according to the
Plat thereof. as recorded in Plat Book 50, at Page 5, of the Pub& Records of Mimi -Dade County.
Florida, described as follows:
Begin at the Northwest corner of said Block 346; thence run South O'00'00" Fast, along the Fast line
of N.W. 18th Avenue aid its extension a distance of 559.46 feet to a paint on the Soatb line of said
Block 346; thence run Southeasterly along the said South line of Block 346 for a distance of 156.54
feet (152.25 by Deed recorded in Official Records Book 7661. at Page 556) to a poiat of intersecting
with a line that is 100 feet South of and parallel to the South line of Wilmington Street as shown on
said Plat: thence run Northeasterly along the last described lie fora distance of 395.2" feet (399.88
by Deed recorded is Official Records Book 7661, at Page 556) to A point oe the East line of said
Block 34'; thence run North a distance of 640.43 feet to a point of curve with a radios of 25 feet;
thence run along said curve to the left an arc distance of 52.49 feet; from said point run
Southwesterly along the South I. of Service Street to the Point of Beginning. Said property Iving
and being is the City of Opa-Locke. Miami -Dade County. Florida.
Parcel Identification Number: 08-2122-005-2170
36497658.2
D-1
LEGAL DESGPIPTION:: n w l
PORTION OF A 30 FOOT SERVICE ROAD RIGHT OF WAY, LYING NORTHERLY OF BLOCKS 346 AND 347, MAGNOLIA GARDENS
CONSOLIDATED, AS RECORDED IN PLAT BOOK 50, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 346; THENCE NORTH 63°20'21' EAST, ALONG THE SOUTHERLY
RIGHT-OF-WAY LINE OF SERVICE ROAD AS SHOWN ON SAID PLAT, A DISTANCE OF 260.33 FEET TO A POINT OF CURVATURE
CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 4222.88 FEET AND A DELTA OF 03°38'08', THENCE NORTHEASTERLY ALONG
ARC OF SAID CURVE, A DISTANCE OF 267.94 FEET TO A POINT OF REVERSE CURVATURE CONCAVE TO THE SOUTHWEST, HAVING
A RADIUS OF 25.00 FEET AND A DELTA OF 120°17'47", THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
52.49 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF N.W. 17th AVENUE; THENCE NORTH 00°00'00" EAST, A DISTANCE
OF 78.83 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SERVICE ROAD, POINT BEING ON A CURVE CONCAVE TO THE
NORTHEAST WITH A RADIAL BEARING OF SOUTH 31°08'05" EAST, HAVING A RADIUS OF 4192.88 FEET AND A DELTA OF 04°28'26';
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 327.39 FEET TO A POINT OF TANGENCY; THENCE
SOUTH 63°20'21" WEST, A DISTANCE OF 245.27 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF N.W. 18th AVENUE
THENCE SOUTH 00°00'00" WEST, A DISTANCE OF 33.57 FEET TO THE POINT OF BEGINNING.
CONTAINING IN ALL 17,605 SQUARE FEET / 0.40 ACRES, MORE OR LESS.
FLOOD ZONE: X/AE
COMMUNITY NUMBER: 120657
PANEL: 12086C0136
SUFFIX: L
BASE FLOOD ELEVATION: (7) N.A.V.D. 88
FIRM DATE: 09-11-2009
M _0\ Gp�NE gOC'
'
REFERENCE:
UNDERLYING BOUNDARY
SURVEY DATED 11/04/2016 BY
TARGET SURVEYING, LLC
SURVEY #273494
LOCATION MAP
NW !1st St
9_
SITE
.Spur Canal
No
leb Lstat,
1
CURVE DATA
C-1
R=4222.86'
0=03°38'08"
L=267.94'
C-2
R=25.00'
A =120° 1 T47"
L=52.49'
C-3
R=4192.66'
A=04°28'26"
L=327.39'
GRAPHIC SCALE (In feet)
1 incl, - 50 fc
w
o ih
oCO
'
0
z
ADDIPEVIATION DESGPIPTION
C/L CENTERLINE
I.D. IDENTIFICATION
LB
P.C.
P.R.C.
P.T.
PSM
RAN
R
Cn
LICENSED BUSINESS
POINT OF CURVATURE
POINT OF REVERSE CURVATURE
POINT OF TANGENCY
PROFESSIONAL SURVEYOR MAPPER
RIGHT OF WAY
RADIUS
DELTA
LENGTH
Kenneth J. Osborne PSM 116415
THIS SURVEY IS NOT VALID WITHOUT
THE SIGNATURE AND THE ORIGINAL RAISED SEAL
OF A FLORIDA LICENSED SURVEYOR AND MAPPER
SPECIFIC PURPOSE SURVEY
IRal.a,
C-18588
Data
01-18-2020
Scale
1'=50'