HomeMy Public PortalAbout2014-25 Accepting Beach Access dedication from Consultatio Key BiscayneRESOLUTION NO. 2014 - 25
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING
BEACH ACCESS DEDICATION EASEMENTS AS WELL
AS EASEMENTS DEPICTED ON THE APPROVED SITE
PLAN FROM CONSULTATIO KEY BISCAYNE, LLC ON
PROPERTY LOCATED AT 350 OCEAN DRIVE;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on August 22, 2011, the Village Council adopted Resolution 2011-25 (the
"Resolution") granting site plan approval for 154 residential units on property located at 350 Ocean
Drive (the "Property"); and
WHEREAS, as conditions of site pan approval, and as set forth as conditions number 5 and
6 in Resolution, the property owner voluntarily agreed to provide perpetual beach access dedication
easements on the Property in order to provide the Village with pedestrian access to and from the
beach or Atlantic Ocean as well as other easements as depicted on the approved site plan
(Collectively, the "Easements"); and
WHEREAS, the Village Council desires to accept the Easements; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted,
confirmed and incorporated herein.
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Section 2. Easement Accepted. The Village Council hereby accepts the Easements,
in substantially the form attached hereto as Exhibit "A," on the Property, subject to the Village
Attorney's approval as to form, content and legal sufficiency.
Section 3. Implementation. The Mayor and Village Manager are hereby authorized
to take any and all steps necessary to implement the intent and purposes of the Easements and
this Resolution.
Section 4. Effective Date. This Resolution shall be effective immediately upon
adoption.
PASSED AND ADOPTED this day of 6th day of August 2014.
ATTEST:
2404.te
I ERI IL VERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
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C.\
n
N CALAN, MAYOR
EXHIBIT "A"
This Instrument prepared by
and after recording return to:
Lillian M. Arango, Esq.
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, Florida 33134
Property Appraiser Folio No. 24-4232-002-0150
BEACH ACCESS DEDICATION/EASEMENT
THIS BEACH ACCESS DEDICATION/EASEMENT (this "Agreement") is made
this 7th day of August, 2014 by and between CONSULTATIO KEY BISCAYNE, LLC, a
Florida limited liability company, whose address is 1395 Brickell Avenue, Suite 950, Miami,
Florida 33131 (hereinafter "Consultatio"), to and in favor of VILLAGE OF KEY BISCAYNE,
FLORIDA, a Florida municipal corporation (hereinafter the "Village"), whose address is 88
West McIntyre Street, Key Biscayne, Florida 33149.
RECITALS:
1. Consultatio is the fee simple owner of certain real property located at 350 Ocean
Drive, Key Biscayne, Miami -Dade County, Florida, and known as "Oceana", and more
particularly described on Exhibit "A" attached hereto and made a part hereof (the "Oceana
Parcel").
2. The Oceana Parcel was approved by the Village Council for a multi -family
residential development and accessory uses and structures pursuant to Village Resolution No.
2011-25 (the "Resolution").
3. As a condition of development approval, and as set forth as conditions number 5
and 6 of the Resolution, Consultatio voluntarily agreed to dedicate to the Village (i) perpetual
beach access easements, and (ii) easements for landscape open space.
4. The dedicated beach access easements on the Oceana Parcel shall provide beach
access to the Village from the property line or boundary of the Oceana Parcel to and from the
beach or Atlantic Ocean and consist of two (2) easements: (i) a 25' wide easement along the
northerly boundary of the Oceana Parcel legally described and depicted on the Sketch and Legal
Description for the 25' North Beach Access Easement attached hereto as Exhibit A-1
(hereinafter referred to as the "25' North Beach Access Easement"); and (ii) a 25' wide easement
along the southerly boundary of the Oceana Parcel legally described and depicted on the Sketch
and Legal Description for the 25' South Beach Access Easement attached hereto as Exhibit A-2
(hereinafter referred to as the "25' South Beach Access Easement") (the "25' North Beach
Access Easement" and the "25' South Beach Access Easement" shall be hereinafter collectively
referred to as the "Beach Easement Areas").
5. Consultatio also wishes to dedicate to the Village the landscape open space
easements consisting of (i) a 10' wide easement along a portion of Sonesta Drive, legally
described and depicted on the Sketch and Legal Description for 10' Easement Along Sonesta
Drive attached hereto as Exhibit A-3 (hereinafter referred to as the "10' Easement Along Sonesta
Drive"), and (ii) a 7.5' wide easement along Ocean Drive legally described and depicted on the
Sketch and Legal Description for 7.5' Easement Along Ocean Drive attached hereto as Exhibit
A-4 (hereinafter referred to as the "7.5' Easement Along Ocean Drive") (the 10' Easement
Along Sonesta Drive and the 7.5' Easement Along Ocean Drive shall be hereinafter collectively
referred to as the "Landscape Open Space Easements"), which shall be maintained by
Consultatio as landscape open with no improvements to be constructed thereon.
6. The Beach Easement Areas and the Landscape Open Space Easements may be
hereinafter collectively referred to as the "Easement Areas").
NOW THEREFORE, in order to ensure that the requirements and conditions of
development approval as set forth in the Resolution for the Oceana Parcel will be abided by, and
for and in consideration of the mutual covenants, benefits, and agreements of the parties hereto
and the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the parties do hereby agree as follows:
1. Recitals. The foregoing recitals are true and accurate and are incorporated herein
by reference.
2. Dedication of Beach Access Easements. Consultatio does hereby dedicate, grant
and convey to the Village, the Beach Easement Areas described as the 25' North Beach Access
Easement attached hereto as Exhibit A-1 and the 25' South Beach Access Easement attached
hereto as Exhibit A-2 for the purposes of pedestrian, bicycle and limited vehicular (golf cart)
ingress and egress to and from the beach or Atlantic Ocean, allowing for the use and benefit of
the beach, including the right of access and ingress and egress for maintenance vehicles for
beach maintenance and re -nourishment, and emergency vehicles and Village operations for
public, health, safety and welfare purposes.
(a) Beach Maintenance and Re -Nourishment. Maintenance vehicles on the
Beach Easement Areas for routine (daily or weekly) beach maintenance purposes shall be limited
to All Terrain Vehicles (ATV) and/or similar vehicles. In connection with periodic beach
maintenance (up to two (2) times per month) requiring larger vehicles, the Village (and/or its
contractor or vendor) may utilize a tractor or similar vehicle (requiring a width of 10' to 12') for
such purposes. In connection with non -routine beach re -nourishment performed by the Village,
the Village (and/or its contractor or vendor) may utilize larger vehicles, as necessary.
(b) Expansion of 25' North Beach Access Easement. In the event that in
the future and subsequent to this Agreement the Village secures additional property to the north
and adjacent to the Oceana Parcel for beach access, the Village shall have the right and ability, in
its sole and absolute discretion, and at its cost and expense, to modify the existing improvements
on the 25' North Beach Access Easement, by widening the existing paved walkway (with the
same materials) up to the northerly property line of the Oceana Parcel. In this event, Consultatio
shall continue to maintain and repair the 25' North Beach Access Easement up to the northerly
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property line and all improvements thereon in the same manner set forth in Section (f)
hereinbelow.
(c) Installation by Village of Gate or Access Control System. In the event
that the Village elects (in its sole and absolute discretion) to install a gate and/or access control
system across or at the entrance to the Beach Easement Areas the Village shall be solely
responsible at its cost and expense for the installation, operation, control, management and repair
and maintenance of such gate and/or access control system, including sole responsibility for the
issuance and control of any keys, key Fob or access cards issued and installation of utilities
required for such gate and/or access control system. The Village shall provide Consultatio with
notice prior to the installation of any such gate and/or access control system, and shall provide
Consultatio with a copy of any key, key Fob or access card made for such access purposes.
(d) Purpose and Use of Beach Access Dedication/Easement. The intent
and purpose of the dedication granted to the Village on the Beach Easement Areas is to provide
exclusive and perpetual unrestricted and year-round pedestrian, bicycle and limited (golf cart)
vehicular access to and from the beach or Atlantic Ocean to the Village, for the use and benefit
of its residents and all users or parties designated by the Village, as well as the right of access
and ingress and egress for maintenance vehicles for beach maintenance and re -nourishment, and
emergency vehicles and Village operations for public, health, safety and welfare purposes. The
Village shall have the right, in its sole and absolute discretion, to establish and/or regulate users
or parties who may utilize the Beach Easement Areas, as well as hours of use and operation of
the Beach Easement Areas, and impose any restrictions thereon. The Village shall have the
further right to temporarily close and/or restrict use and access of the Beach Easement Areas,
including closures for beach maintenance and re -nourishment purposes, provided, the Village
provides Consultatio with advance reasonable notice of such closure (and in the event of
emergency situations requiring immediate closure, no notice by the Village shall be required).
Similarly, Consultatio shall have the right to temporarily close and/or restrict use and access of
the Beach Easement Areas for maintenance and repair/improvement purposes, provided,
Consultatio provides the Village Manager and/or his designee with advance written notice at
least 72 hours prior to such closure (and in the event of emergency situations requiring
immediate closure for repairs and maintenance, Consultatio shall endeavor to provide reasonable
written notice to the Village, at least 24 hours prior to such closure).
(e) Improvements to Beach Easement Areas; Maintenance and Repair.
Consultatio shall install and construct, at its sole cost and expense, certain improvements on the
Beach Easement Areas, consistent with plans approved by the Village in accordance to the
Resolution, to make the Beach Easement Areas suitable for pedestrian, bicycle and limited
vehicular (golf cart) access, including (a) installation of a paved path and/or walkway on the
Beach Easement Areas; (b) landscaping; (c) fencing, and (d) limited lighting as approved by
applicable governmental and permitting agencies (the improvements described in (a), (b), (c) and
(d) above shall be hereinafter collectively referred to as the "Improvements"). Any subsequent
additions or modifications to the Improvements shall require the prior written approval of the
Village Manager and/or his designee. Consultatio shall maintain and repair the Beach Easement
Areas and the Improvements, at its sole cost and expense, in safe and good working condition
and such that pedestrian and vehicular access is not impaired or obstructed. Consultatio shall
keep the Beach Easement Areas and Improvements clear and free of trash, debris and rubbish
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and free of obstructions of every nature, and shall provide adequate drainage and lighting
thereon. No walls, fences, barriers, building, structure or any other sort of temporary or
permanent obstruction shall be constructed or erected on or over the Beach Easement Areas that
would impede, impair, block or obstruct any portion of the Beach Easement Areas or prevent or
limit the reasonable movement of pedestrians and vehicles on the Beach Easement Areas and
access to and from the beach or Atlantic Ocean. Any obstructions or impediments constructed or
erected on the Beach Easement Areas may be removed by the Village, without notice to
Consultatio. In the event that the Village utilizes the Beach Easement Areas for beach
maintenance or re -nourishment operations, the Village shall repair and/or restore any damage to
the Improvements caused by such use and operations.
In addition to the foregoing improvement and maintenance obligations, Consultatio shall,
at its cost and expense, also improve, repair and maintain the existing off -site 7.5' dedicated
beach access easement area located adjacent to the southerly boundary of the Oceana Parcel.
3. Dedication of Landscape Open Space Easements. Consultatio hereby dedicates
to the Village in perpetuity the (i) 10' Easement Along Sonesta Drive legally described and
depicted on the Sketch and Legal Description attached hereto as Exhibit A-3, and (ii) the 7.5'
Easement Along Ocean Drive legally described and depicted on the Sketch and Legal
Description attached hereto as Exhibit A-4, for landscape open space, which shall be maintained
as an open area for plantings and landscaping, with no improvements to be constructed thereon.
Consultatio shall, at its sole cost and expense, maintain and repair the Landscape Open Space
Easements in safe and good working condition, and maintain plantings and landscaping, clear
and free of trash, debris and rubbish and free of obstructions of every nature. No walls, fences,
barriers, building, structure or any other sort of temporary or permanent improvement or
obstruction shall be constructed or erected on or over the Landscape Open Space Easements that
would impede, impair, block or obstruct any portion of the Landscape Open Space Easements or
prevent or limit the reasonable movement of pedestrians on the Landscape Open Space
Easements.
4. Incidental Rights. The rights granted herein to the Village shall likewise include
all incidental rights reasonably necessary for the use and enjoyment of such rights and such
incidental rights are hereby created, granted, and declared.
5. Amendment. This Agreement shall not be changed, amended, or modified
except by an instrument in writing, executed by the parties to this Agreement.
6. Duration. The easement rights contained herein shall be perpetual, but may be
terminated by the Village, in its sole discretion, but only in the event that the dedications and
easements granted herein are no longer required for beach access and landscape open space, and
the Village Council approves such termination after a public hearing.
7. Covenants Running with the Land; Successors and Assigns. It is intended that
each of the dedications, easements, covenants, conditions, restrictions, rights, and obligations set
forth herein shall run with the Oceana Parcel and create an equitable servitude in favor of the
Village, its successors and/or assigns, and shall bind Consultatio, its successors and assigns
(including any condominium association and/or or unit owners owning, operating or maintaining
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any part of the Oceana Parcel as part of a condominium), and every any person having any fee,
leasehold, or other interest therein in the Oceana Parcel, and shall inure to the benefit of the
Village.
8. Enforcement. The Village and Consultatio shall each have the right to pursue
and legally enforce this Agreement and the dedications, easements, covenants, conditions,
obligations and restrictions set forth herein, including, but not limited to, all maintenance
obligations of Consultatio on the Easement Areas and repair obligations of the Village set forth
in this Agreement, by whatever action or actions are legally available, including without
limitation, any equitable remedy, injunction or specific performance. The Village and
Consultatio shall have the right, but shall not be obligated, to take such action as shall be
reasonably necessary to cure any default of this Agreement and enforce the dedications,
easements, covenants, conditions, obligations and restrictions set forth herein, at the sole cost
and expense of the violating party. In the event that the Village undertakes such obligations to
cure and/or enforce the dedications, easements, covenants, conditions, obligations and
restrictions set forth herein, Consultatio shall reimburse the Village for all costs and expenses
incurred by the Village in pursuing enforcement and the remedies herein, including reasonable
attorneys' fees and costs, and Consultatio shall pay such fees and costs within thirty (30) days
after the Village has delivered to Consultatio an invoice for such fees and costs detailing same,
and similarly in the event that the Village fails to comply with its repair obligations set forth in
this Agreement.
9. Attorney's Fees. In the event a party institutes any legal action or proceeding
for the enforcement of any right or obligation herein contained, the prevailing party shall be
entitled to recover its cost and reasonable attorney's fees incurred in the preparation and
prosecution of such action or proceeding.
10. Severability. Each provision of this Agreement and the application thereof to the
Oceana Parcel are hereby declared to be independent of and severable from the remainder of this
Agreement. If any provision contained herein shall be held to be invalid or to be unenforceable
or not to run with the land, such holding shall not affect the validity or enforceability of the
remainder of this Agreement. In the event the validity or enforceability of any provision in this
Agreement is held to be depended upon the existence of a specific legal description, the parties
agree to promptly cause such legal description to be prepared.
11. Governing Laws. The laws of the State of Florida shall govern the
interpretation, validity, performance, and enforcement of this Agreement. Venue shall be in
Miami -Dade County Florida.
12. Notices. All notices, requests, demands, and other communications which are
required or may be given under this Agreement shall be in writing and shall be deemed to have
been duly given when received if personally delivered; the day after it is sent, if sent for next day
delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express);
five days after being sent, if sent by certified or registered mail for each party indicated below
and addressed as follows:
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To Consultatio:
With a copy to:
and:
Consultatio Key Biscayne, LLC
1395 Brickell Avenue, Suite 950
Miami, Florida 33131
Attn: Marcos Corti, Manager
Oceana Key Biscayne Condominium Association
360 Ocean Drive
Key Biscayne, Florida 33149
Attn: President
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue
Miami, Florida 33131
Attn: Meredith Singer, Esq.
To Village: Village Manager
88 W. McIntyre Street
Key Biscayne, Florida 33149
With a copy to:
Village Attorney
Weiss Scrota Helfman
Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Blvd.
Coral Gables, Florida 33134
13. Warranties and Representations. Consultatio does hereby covenant and
represent to Village that: (a) it is lawfully seized and possessed of the Oceana Parcel and all
Easement Areas located thereon; (b) it has good and lawful authority and right to enter into this
Agreement and convey said easements for the Oceana Parcel; and (c) all applicable corporate,
partnership, trust or other required authorizations, and all required or necessary approvals or
consents have been obtained and no other authorizations, approvals or consents are required to
effectuate the effectiveness, execution and delivery of this Agreement. Consultatio acknowledges
that the Village is materially relying on the representations as herein expressed.
14. Authorization for Village to Withhold Permits and Inspections. In the event
the terms of this Agreement are not being complied with, in addition to any other remedies
available, the Village is hereby authorized to withhold any further permits, and refuse to make
any inspections or grant any approvals on the Oceana Parcel, until such time as this Agreement is
complied with.
15. Indemnification for Beach Maintenance and Re -Nourishment; Gate and
Access Control System. Subject to the provisions and monetary limitations of Section 768.28,
Florida Statutes (as may be amended from time to time), which limitations shall be applicable
regardless of whether such provisions would otherwise apply, and to the extent permitted by law,
the Village shall indemnify and hold harmless Consultatio, and its successors and/or assigns,
from and against all costs, expenses, losses, claims or damages, including reasonable attorneys'
6
fees and costs at trial and appellate levels, relating to death or personal injury to persons, or loss
of or damage to property, resulting from, arising out of, or incurred in connection with beach
maintenance and re -nourishment operations performed by the Village on the Beach Easement
Areas, or in connection with the installation, operation and maintenance by the Village of any
gate or access control system installed by the Village on the Beach Easement Areas, except any
and all costs, expenses, losses, claims or damages, resulting from, arising out of, or incurred in
connection any acts or omissions, including intentional and negligent acts, of Consultatio, or
any of its officers, guests, invitees, employees, agents or contractors.
[SIGNATURE PAGES TO FOLLOW]
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Print Name: / / ' .'
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
CONSULTATIO:
CONSULTATIO Y BIS • NE, LLC, a
Florida limited • .. it ,► .: ny
By:
Name:
Title:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this Sr day of
4 0 C- u s r 2014, by MA cos C7.0 , as Rot /0/1, of
Consultatio Key Biscayne, LLC, a Florida limited liability company, on behalf of the company.
He/she '[ is personally known to me or [ ] produced as
identification.
cl „
Notary Pub iic, State of Florida
Commission expires: 1/ - / `< -.20/5--
8
VILLAGE:
WITNESSES: VILLAGE OF KEY BI YNE a Florida
(4)4/J2i/1,cl/h. btA__C
Print Name:
'ai5s> (Ail Iti--c_
�GsP.td-e-
Print Name: 4 (I 4' (IA Srr ?0
Attest:
Approved as to Formrs}nd Legal Sufficiency:
Village Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
mun c pal corpor
i'
The foregoing instrument was sworn to and acknowledged before me this 7 day of
August 2014, by Frank Caplan as Mayor of the Village of Key Biscayne, a Florida
municipal corporation, on behalf of the corporation.
produced
[SEAL]
as identific
Ki is personally known to me or [ ]
4
),k.„„
Notary Public, State of Florida
Commission expires:
9
EXHIBIT "A"
LEGAL DESCRIPTION OF OCEANA PARCEL
OCEANA KEY BISCAYNE CONDOMINIUM
LEGAL DESCRIPTION:
Parcel 1
All that piece parcel or lot of land situate, lying and being in the SW 114. Section 32 and Fractional Section 33 Township 54
South Range 42 East in the City of Key Biscayne, County of Miami -Dade, State of Florida, and being more particularly
described as follows
Commence at the S W comer of Tract 6, SUBDIVISION OF A PORTION OF MATHESON ESTATE according to the plat
thereof as recorded in Plat Book 46 at Page 86 of the Public Records of Miarni-Dade County, Florida, thence run along the
South line of Tract 6, East for a distance of 1200 00 feet to the POINT OF BEGINNING of the following described parcel of
land, said POINT OF BEGINNING also being the S E comer of the Plat of HOLIDAY COLONY as recorded in Plat Book 50 at
Page 87 of the Public Records of Miami -Dade County, Florida, thence continue East for a distance of 761 0 feet more or less
to the mean high water line of the Atlantic Ocean, thence meander Northwesterly, Northerly and Northeasterly along the mean
high water line of the Atlantic Ocean for a distance of 518 3 feet more or less to a point lying 500 00 feet North of the South
line of Tract 6 extended East as measured at nghl angles, thence run West along a line 500 00 feet North of, and parallel to,
the South fine of said Tract 6, as measured at right angles, for a distance of 631 9 feet more or less to a point, thence run
South 0°38'55" West for a distance of 327 79 feet to a point, thence run North 89"24'30" West for a distance of 157 55 feet to a
point of non -tangency with a circular curve concave to the West the center of which bears North 89°51'26" West from the
aforementioned point of non -tangency said point also being a point on the Easterly Inci of Block 5 of the Plat of HOLIDAY
COLONY, as recorded in Plat Book 50, Page 87 of the Public Records of Miami -Dade County, Florida, thence run Southerly
along the arc of said circular curve having for its elements a central angle of 3°14'04" and a radius of 3081 59 feet for a
distance of 173 96 feet to the POINT OF BEGINNING
and
Parcel 2
All that piece parcel of lot of land situate, lying and being in the SW 114, Section 32, Township 54 South, Range 42 East in
City of Key Biscayne, County of Miami -Dade State of Florida and being more particularly described as follows
Commence at the S W corner of Tract 6, SUBDIVISION OF A PORTION OF MATHESON ESTATE according to the plat
thereof as recorded in Plat Book 46 at Page 86 of the Public Records of Miami -Dade County, Florida, thence run along the
South line of Tract 6, East for a distance of 1200 00 feet to a point of non -tangency with a circular curve concave to the West
the center of which bears North 86`37'22" West from the aforementioned point of non -tangency, said point also being the SE
corner of the Plat of HOLIDAY COLONY as recorded in Plat Book 50, Page 87 of the Public Records of Miami -Dade County,
Florida, thence run Northerly along the arc of said circular curve, having for its elements a central angle of 3°14'04" and a
radius of 3081 59 feet for a distance of 173 96 feet to the POINT OF BEGINNING of the following described parcel of land,
thence continue Northerly and Northwesterly along the arc of said circular curve having for its elements a central angle of
10'46'23" and a radius of 3081 59 feet for a distance of 579 42 feet to a point, said point also being a point on the Southerly
right of way line of East Drive thence run along the said right of way line, East for a distance of 160 62 feet to a point of
curvature with a curve concave to the Southwest, thence run along the arc of saki curve having for its elements a central angle
of 80°19'47" and a radius of 25 00 feet for a distance of 35 05 feet to a point of compound curvature with a circular curve
concave to the West said point also being a point on the Westerly right of way fine of Ocean Boulevard thence run Southerly
along the said Westerly right of way line on the arc of the circular curve having for its elements a central angle of 4°03'53" and
a radius of 3260 29 feet for a distance of 231 29 feet to a point thence leaving the said right of way line run West 1 87 feet to
a point, thence run South 0°38'55" West for a distance of 327 79 feet to a point, thence run North 89"24'30" West for a
distance of 157 55 feet to the POINT OF BEGINNING
and
Parcel 3
A parcel of land being a portion of the existing right-of-way of Ocean Drive, lying in Section 32, Township 54 South Range 42
East Village of Key Biscayne, Miami -Dade County, Florida, said portion being more particularly described as follows
BEGINNING at the Intersection of the South Right -of -Way Line of East Dnve and the platted Westerly Right -of -Way Line of
Ocean Drive, as is shown on the Plat of HOLIDAY COLONY, recorded in Plat Book 50, Page 87 of the Public Records of
Miami -Dade County Florida thence with a bearing of N 89°29'27"E , along the Easterly extension of said South Right -of -Way
Line of East Drive, a distance of 22 05 feet to the Point of Curvature of a circular curve to the nght, thence Southeasterly along
the arc of said curve, having a radius of 25 00 feet and a central angle of 80°30'00" for an arc length of 35 12 feet to a Point of
Compound Curvature, thence Southeasterly along the arc of a circular curve to the right, having a radius of 3317 79 feet and a
central angle of 3°59'30" for an arc length of 231 14 feet to the South Right -of -Way Line of said Ocean Drive the preceding
arc lying 57 5 feet Easterly of and concentric with the existing Westerly Right -of -Way fine of Ocean Drive, thence
S 89'29'27"W , along said South Right -of -Way Line of Ocean Drive, for 57 77 feet to a point on a Grcutar curve, the radius
point of which bears S 83°53'07"W from the Last described point, thence Northwesterly along the arc of said curve to the left,
also being along the existing Westerly Right -of -Way Line of Ocean Drive having a radius of 3260 29 feet and a central angle
of 4°03'53" for an arc length of 231 29 feet to a Point of Compound Curvature of a circular curve to the left, thence
Northwesterly along the arc of said curve, having a radius of 25 00 feet and a central angle of 80°19'47" for an arc length of
35 05 feet to a Point of Cusp lying on the South Right -of -Way Line of East Drive, thence N 89"29'27"E along said South
Right -of -Way Line of East Onve for 36 26 feet to the POINT OF BEGINNING
L EITI:R. PCRE:Z & ASSOCINITS. INC
LAND DEVELOPMENT CONSULTANTS
CIVIL ENGINEERS - LAND SURVEYORS
LAND PLANNERS - ENVIRONMENTAL
520 N w 195111 STREET ROAD SUITE 209 MIAMI FLORIDA 33185
PHONE DADE /3051852 5133 BROWARD 10541 524 2202 FAA (3041552 0411
E-MAII of14.41laiepernx cum WEBSITF www lederpelHE Tom i n *5767
DATE 6-8-2014
F LL No L-1893
REVISION
'108 0912E8 12-103
PIENM. cxtd49
OCEANA KEY BISCAYNE CONDOMINIUM
LEGAL DESCRIPTION
EXHIBIT "2"
SHEET 4 of 86
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EXHIBIT "A-1"
SKETCH AND LEGAL DESCRIPTION OF 25' NORTH BEACH ACCESS EASEMENT
EXHIBIT "A"
SKETCH & LEGAL DESCRIPTION
25' NORTH BEACH ACCESS EASEMENT SOT14'32"2603'..W
LEGAL DESCRIPTION:
Ait easement being 25 04) feet 7n width and bunt; a amour; of Traci 6,
MATLIRSON BSI A FE. according to the plat On -tool w, iecooled u1 Plat Hook
46, Page 86 of the Public Records 01 Miami -Dude Counts, 11nnda mut bang
mot porticl,I0rl) described os lolliovs
BEGIN of 0w point 01 nuersection 01 the Last and South Right of Nay lines of
OLcrm Drive as $hown on the plat of HOLIDAY COLONY, as recorded
P1a1 Hook 50, Page 87 or ibe Pnbhc Records al \quoin -Dude C ounty, 1 lonla,
thence N%9`29'27"I along the Castdy e'teooun ol Ilia South (tight or Way
line ol soul Ocean Drive for 57896 leer, thence S02°14'32"W along the
1 rr)11on Control Lao as shown on the Plat lh1rco( as rc'onled in Plat Book 74,
Pogo 26 of the Nitrite Records or S14anu-Dnrle County, (Tondo for 25 0) Itch,
thence S89°29'2 7"W olohg ,, lino 25.00 lee! South ol and p,vallel 4( 1(1 sold
South Right 01 \Vnv lino of O3cnn Drive kw 600 74 Ica Ina point on o ulroilor
curve eontaVe W05101 ly sand point bearing 684`24 11,'1 hum the tuner point
of sa)4 circular torso, donee Northerly .long a lute 65 0(4 feu Wosturly of and
pandkl with void Past (tight of Wry line of ()coon t)nre and along the cut of 0
ehr3ular Oul ve to the II.8 having n radius of 351(7 29 tee, and ,n 4.110111 angle of
(7°26'4(4" for 25 I I Feet, thence N89'29'27"L along said South Right 01 Wul
lint of Ocean Done too 65 50 del to the PODS 1 07 BEGINNING
NOTES:
1 BEARINGS hereon are based on a bearing or NB9'29.27'E along the South Right 0f -Way
Line of East Wye, as dotelmned from 84ete Plane Coordinates (Florida East 2ono, 1927
Datum) and a Boundary Survey of the Writing Sonesta Beach Hotel & Tennis Club
property, by Leiter, Perez & Associates, Inc , using G P S. methods
2 AREA of the subject easement is 16,082 Square Feet or 0 340 Acre, more or less
3 Subject easement lien In Section 32, Township 64 South, Range 42 Fast, Villoge of Kay
Biscayne, Miami -Dade County, Florida
4 This Is not a Boundary Survey of any parcel of land
5 Al recording references hereon refer to 480 Public Records or Mrend 0000 County, flodda
0
th
O
430' 120'
O
t[)
11
U
(n
180'
LEGEND
00 8 A11AMA0ADE COUNTY nFCOn03
088 - OFFICIAL Nkw0O2 BOOK
PB PUT BOCA
Pe PAGE
090 - POtm OF 0EO1NNMt4
N 0.W - 010,1001 WAY
25001
ry
INTERSECTION OF FAST AND SOUTH
R 0 W LINES OF OCEAN DRIVE
(P 8 50, PG 87)
OCEAN ORNE EAST R O'N LINE
d
U
s
OCEAN o >"a• 81 D.RIVE
!
(HO1h1 ' COLONY, P.B. in
r-- µ�
9403, O C ) a 1'v
27948, PG a1 3 I74
west R LINF (O R-0 CLp,IM " K _ _ 4 ' WE PER QUIT e - - 1
16' ADDITIONAL A06BBr PG 123,,D C R ' • RA3310 28'
west R.O.W PG 123, D 0 R) ti D<0.25'11'
PER P B. 50. PO 87 \ - _ - - - - 6887, A=2511'
WEST ROW LINE (OR13
"-EROSION CONTROL LINE
(P11 74,PG 28,DCR)
1,1'! FER. PI REZ & ASSOCIATES. INC
LAND DEVELOPMENT CONSULTANTS
CIVIL ENGINEERS - (AND SURVEYORS
- 1 t AND PLANNERS - tNVIRONMENTAI
610 N.W 165388T 010 eUITE 901, M1M11,$LON1A 302119
(3 01000 /315114( 515> 88001M10,8541574 2302 in), 10951652 941,
E Ala ua.oneti ornou WEBBI*T. Wow 6141poram9 IK,EN0E06U5II0n8 No 6167
N E V n SI 0 rI
DAIL 05-21-141 4011 (10 14 le 1 1-00 L-1921
EEL 1,-I43,c4 5r95emAM, duty
54E01 1 0. 1
11
EXHIBIT "A-2"
SKETCH AND LEGAL DESCRIPTION OF 25' SOUTH BEACH ACCESS EASEMENT
EXHIBIT A"
SKETCH & LEGAL DESCRIPTION S0 26 0314'3?
25' SOUTH BEACH ACCESS EASEMENT _ - EROSION CONTROL LINE
(P8 74, PG 26,DCR)
LEGAL DESCRIPTION:
An easement being 25 00 lest in width and being a portion of
fillet 6, MATHESON FS 1 A I'E according to the plat thcleol as
recorded m Plat Hook 46, Page 86 of the Public Rim -ads of
Miami -Dade County, 1'Iotula and being described as follows
BEGIN at n paint on the South line of said !tact 6, said point also
begin the Southeast corner of the plat of HOLIDAY COLONY,
as recorded in Plat Book 50, Page 87 of the Public Record, el
Miami -Dade County, Flinch, and said point tieing on the are of a
circulai curve coni.ave Westerly and bearing S87°07'55"h limn
the center point of said curve, thence Northerly along the Last lint
of said plat of HOLIDAY COLONY and along the ore 01 0
circular curve to tic left having a radius of 7081 59 feet and n
anthill angle of 0`27'56" for 2504 feet, theme N89°29'27"h along
a tine 25.00 feel North of rind parallel with the South line of sanl
tract 6 for 79875 feet, thence 502"14'32"W along the Euiston
Control Fine as shown on the plat thereof as recorded m Plat Book
74, Page 26 of the Public Records of Miami -Dade County, bronchi
Inc 25 ((3 feet; thence 589'29'27"W along the South lure of said
Imct 6 for /98,92 feel lo the 1'OINT OF BEGINNING
NOTES:
1 BEARINGS hereon ore based on a beanng of N69'29'2TE along the South
RIght-of-Way Lino Tract 6, P B. 46, PG 80 As determfnad from Stale Plana
Coordinelee (Fonda East lane, 1927 Datum) and a Boundary Survey of the
abutting Sonesta Beach Hotel 8 Tennis Club property, by Loner Perez 6
Associates, Inc. using G P S methods
2 AREA of the subject easement Is 19,970 Square Feet or 0459 Atte, more or
less
3 Subject easement nos In Section 32, Township 54 South, Range 42 East,
Village of Key Biscayne, Miami -Bede County, Florida
4 This la not a Boundary Survey of any parcel of land
5 All recording rofaronc'os horeon refer to the Public Records of Miami -Dodo
County, Fiodda
0
O
-c)
CO
-J
—J
tom)
t/a
24 0'
25 00' -
40
80' 160' U
0
m
a
LEGEND
DC AIIM40,1DF COUNTY RECORDSP.08 POINT OF BEGINNING
0]
PG PAGE
a
13 0 W WHIT OF WAY
R.3061 69'
re PLAT BWN
w
z
A-0.27'56---- pp
A'2504' 1 OU
C So
r ill FI
HOLIDAY COLONY "I
P.B. 50, PG. 87, D.CR FX!
BLOCK 5 rt
,o
W
50'_R O W
P850, PG 7
�LLAND EVELO M NAsCONSUL►A TS
INC
LAND DEVELOPMENT CONSULTANTS
\ CIVILN ENGINEERS - LAND SURVEYORS
TAL
LAND 1)402PLANNERS814 - ENVIRONMENTAL
520 N.W 156114 er ND RODE 200 MIAM4 FLORIDA 33108
WfaALDAUE 6625111 oRW2ANDi9MJ6452xz o? tAx 0164)652 ON
l 64at,11ofitiNktmosson, V1605110 wAlrinwgnswrx utf SLUOU ..".. SW
R E v , ', i El n
NC 14 1uf00rcnol.ostmcnls 4.4
005E 9S 21--141 a'n rib I4-111.0 I rid- 1-1053
`0-115 1 1t'
12
EXHIBIT "A-3"
SKETCH AND LEGAL DESCRIPTION OF 10' EASEMENT ALONG SONESTA DRIVE
EXHIBIT "A"
SKETCH & LEGAL DESCRIPTION
10' EASEMENT ALONG SONESTA DRIVE
TRACT 6, MATHESONp.C.R) ESTATE EAST R o W. LINE
(P.B, 46, PG' .
D ----
W U I
dI
615 d -3
co co
4
cd
f0''t Iz
,yam
50' R.OW
3 7i
P.B. 50, PG 87
1000'
LEGEND
n c R • L1*OMI-0l10E 000010 0(0000.
O ,ta 011,0*A( 0EC0003 0005
PO 01470000
PC POINT OF CUR0AT0OP
PO PAnt
P Oa POPNr 0r llcoolNIN0
P01. - POW OPCOMMENnt ram
ROW ra(,Nr0F WAY
OCEAN DOVE
.-110
15'AD01T10NALROQG PER 'in' CLAW
' 1 V I p[FD ORB 5b87
123.0
.
%\-.1
c� _
7
G. 87
P
ROW B 50,
WEST - UNE PER J - Y - Y _ - - --
5667, PG. C
'
LINE ( R.B.
- WE5T RGW ESTATE
TRACT 6, MA THESOND C R.)
(P.B. 46, pa 86,
LEGAL DESCRIPTION. -
An t96clLn , being 1000 1,01 in width sad being n p00ioe 01 1 *net 1,, MA I IIESON
F.STATI1, atcprdm( to the plat damn 05 recorded at Plat book 46, Page 2(1 of the
Public Revolts of Munn -Dude County, Florida, and a ponton of the vetoed high( of
(0ay line O,-enn I)tisc as doeithed m OBlual itutnr(Is noon, 27046, t' ,gc 3403, said
eaouncnt hying daunted as Inllon,
W EST R O W LINE (O.R g. 27848fPG ,3403.
BEGIN al the point 01 Intersection or the South (tight of 1Vay hoe nl Lost Drit(w with the
Westerly Right 01 Was lux of Olean Drive ,u Blown on the Mat o1 I1UL1DA\
COLONY as recorded in P101 Book 50, Page 87 01 /he Irnhlic Records 01 M,amE.D:Idc
County, Florida; Ilun., N89"29'27"L Boni; the I.Isloriy extension 01 sad South Right
u1 (Voy htu of fist DM, for 52 05 fey to the pond of curvet,ut 01 u t.ir(rdur verve to
the right, thence Lamm -1y and Southeasterly nkng the Art of a 1 lroulnr curse having u
1101105 0f 25 00 trot and a oentml angle of 53°07'48" for 21 1 h feet Ihcme SS9"29'2T11'
along n One 10 00 feet South oI and parallel with sa1A South Right of Way of Last bine
for 237 06 fc,.t to n point on .1 coicular curve c0ni-ne Southweslci ly, wW 1101111 hearing
N70'02'59'D from the 5011154 point of said curve, thence Notilmeslvl) along saki
tinnier crow to the len and along the Lastasiv In,0 of Block 5 of HOLIDAY
COLONY ,n rctordad in Plat Bonk 50, Page 07 of the Public Retools of Mwol-))tide
County florlt., said circular trve having a mhos 01 .081 511 W(1 and a 00.401 00010
of 0°11'21' for an no, d,stame oI 10 17 feel to 0h• Northwest corner of said Dlutk 5,
thence NS9°29'27"t; along the South Right nl 1Vav line of East Drive for 106 S7 feet In
0w 1'O1N I OF BEGINNING
NOTES:
f 1 BEAR1NUb hemoo are hosed on a boanng of N89'29'27`E along the South Rlghi-of-Way
-0 Une of East Dave as determined from State Plane Coordinates (Florida East Lone, 1927
Datum) and a Boundary Survey of the abutting Bohemia Reach Hotel 8 1 enn18 Gob
property, by Ledor, Perez 8 Asaocfates, Inc„ using G P S methods
5 2 AREA o1 the sublec1 easement alt 2,320 Square Feet or 0 053 AGO. more Or 1099
o 3 Subject easement hes m Section 32. Township 54 South, Range 42 East Village of Key
Biscayne, Miami Dade Cooly Flouda
4 Iles W note Boundary Su,vey of any porcel of land
5 Alt recording inferences hereon refer to the Public Records 01 Bharat -Dodo County Florida
R=308159'
9,0.11'21'-
0=1017'
04
O
OLU�A�' ft",
g SOl pG. o
BLOCK 'T TT Z�
U 30' 6(7' 90'
jN LC;ITFR. PISRFZ & ASSOCIATES INC
Lf �j LAND DEVELOPMENT CONSULTANTS
CIVIL ENGINEERS - LAND SURVEYORS
f. 4- \ LAND PI ANNERB -ENVIRONMENTAL
620NW *6610 BTR0_ nuR006,MIAML FLWA0051550
10014000014054 662 6103 a...pro 6601514 0442 00 006) 5!04111
Eatµ Mkf96O ss.,. , mos. ,rooYMprouam OCu,n06,F"ss9 „0 6161
01 V1510 N_
DATE GS -71-141 4011 140 I6-163 ] flLf 1-1923
101 1r-11300001.,.,,,&, r.0
531(1 1 0, 1
13
EXHIBIT "A-4"
SKETCH AND LEGAL DESCRIPTION OF 7.5' EASEMENT ALONG OCEAN DRIVE
EXHIBIT "A"
SKETCH & LEGAL DESCRIPTION
7.6' EASEMENT ALONG OCEAN DRIVE
__TRACT 61 MATHESON ESTATE ((P.B. 46 PG. B6, D.C.R.)
NORTH ROW LINE
-u
m
0
04
N89°29'27'E
SOUTH R.O.W LINE
LEGEND
PCP MWaP0000 COUNTYRECORG3
000 OFFICIAL RECOR0511000
PA PUT 0004)
PC POINT OF 406040VWCURVATURE
PO. - PAOE
Poo. - POINTOF 010040010
P00 POINT OF COMMENCEMENT
ROW 444007 of WAY
NORM
SCALE'
NOTES:
1 BEARINGS hereon ore bated on a bearing of
1489'28'27"E along the South Right -of Way
Luna of East Onve, es delorrmned from Stele
Phone Coordinates (Florida East Zona 1027
Datum) and a Bourd►ry Survey of the abuamg
Sonesta Beach Mole) & Tends Club property
by Leiter, Perez 6 Assootiles, Inc. using
G P 5 methods
2 AREA of the subject easement ,s 1 807 Square
Foot or 0 041 Acre more or less
3 Subject easement lies In Secban 32, Township
64 South, Range 42 Cast Village of Key
Biscayne. Mlami•Darle County. Ronde
4 This it not a Boundary Survey of any parted of
land
5 All recording references hereon rater to the
Public Records of Miami -Dodo County. Fbrkla
LEGAL DESCRIPTION:•
l
An 40A;n4ent bring 7 50 1,04 h, n,dth 4191 Nc,ng h,t,h I ooh,,. Iht itigl11101,1
01 Wa) e1 ChM lk,vc as Amon on Iht plat of HOLIDAY C OLONY ,1
',monied in Phu Book >U. Pepe 87 of the Public Record. 01 hllamt-0.d0',
(-0unt). I lOod ail )ni,,g,r iw,inul of Ih. viuutpd R,g1,1 4)I W,,,of sod
Ocean Bros us dcs.nhcd in 0416,,,,) Ftuurd. 11uoL 27946 Pegc 3101 01
the Pohl, It conk el MI um-O.uk County, 110n. 4000 Pesnneot hong
dav,bed ,t. 80100 s
EAST DRIVE
(SONESTA BEACH DRIVE)
097 U(
( 5ry�
_R
N1 ,
�� =2500'
�r /,077'22'12"
A=11 04' I
T.
OCeM PCRP 8NE
50
PCC
p
A ti
0
73
t ~ 1
rr21. .2 .2 D
p o Z
COMMFNC 4, .0 the orterWlhe., of rho 1 eel .nd South 6141,1 "I Wa) li -- (0 RB 27846,
Zinn 441 saW ()AVM DOLL, 0001490 589'29'27"W alone 11,e 0444)1, It4gh4 of PG 3403, D C R
Ws) 4)00 of said (3o, ,n Dn.o for 5776 I...I w IL. )'0)54 00
(BEGINNING of OK 10110„ing dacrtlxJ atumm�t, Ihent. Lo,niuc
089.7.9.27.W o)onp .od R,g)n of Win >4006,17.31>0.464.4 p000 00 0
nnu4ar curse COINA.v' Wes,Orp wit) pn,A hoeing NR1Ke'17"I from
the 0tnler pond 01 sod tune. thence Northerly Ilolg: 0 hoe 6,00 Rtl
0444045 of and F.e.OIt1 wnh said 100 Rion of 1105 01 said tktw, 00,0
nod 440)44 I Irc on of ,, t,•t der ern 0 R, the Lett 11.40.4; .d r.,4m+ el 3110 Y)
fens and u "mired angle of 4.111m fie 242 40 reel, thciat NKP7') 27') ,
urnnp the prn)tt0)40 of n lain 1000 ks.1 Sne11, nl aid 40,4)01 ,vide 117
South Rigid of 1Vny hop of Last On.. Rti sh0„0 00 sold pl0 01
HOLIDAY COLONY for 479 1.70 to .4 poml o nu)ur Lunt
snncdr/. \Vtslrri), std point hewing N$"17')5"1- Irmo O ctnl0, pons
of and curve, theme 5uo164.1) 060031640100) A oh.ular 44,, ). W the 1t f1
ha, he a radio of 2500 l004 cal a madm) angle of 27°22'12" her I I e1
ficY In n pt.{ of u0np0end Lurrnluro, 110000 Suwher!) nling
57 00 feu Westerly d n oI parallel .01, who 1.041 ))r ), nl 1 0, hoc 4)t
1kt0,, Ota,C and ulnae lilt 014 01 u .ir'nlor "A. IV Ile 1011 ton104 a
radius nl 3317 79 I'nv and a ..Mod angle 0, 1'0010" to, 231 14 Ire l4)
Inc POINT OF BFCINNINC1
5163'50'12-E
7.50'
575'ROW�
--- - (lJ MB 27048,
PG 3403, 0 C R
P.O.C.-1
INTERSCCTION OF EAST & 70016 t
R 0 W LINES 00 OCEAN URIV.'\
/--P.O.B.
080.29'27'W 57 76'
SOUTH R O.W LINE
`—S89'29'27-W
7 53'
TRACT 6, MATHESON ESTATE
(P.B. °46, PG" 86, D.C.R")
0 30' 60' 'a0'
1 EITFR. PFR11/ & ASSOCIATES, INC
LAND DEVELOPMENT CONSULTANTS
\ CIVIL EN0INEER8 - LAND SURVEYORS
LAND Pl ANNERS • ENVIRONMENTAL
MIAMI IMnC 421311. 3051 017-4133 an0WAR0 (414404 raw F00 104440011M11
9.3 ra4R+w.,D,.zon'P 40405114 Wrw'.aIWFaNKm,P LUCfn1tn 8001005 Ne AM
R1019101)
OA14' 05 -71 -141 .$)6 4)0 14-,01 1 FILE L- 1908
f ,F 't - 11110 A4mA weir anti -AAA
.'lFCl 1 OF 1
14