19-002744 Causeway Towers, Lp, F/K/A Causeway Towers, Llc, And Blue Condominium Association, Inc. vs. Department Of Transportation Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, July 22, 2019.

easement over a portion of the Property to the Department as an amicable resolution to this case,

and entered into a Joint Stipulation of Settlement and Release on June 20, 2019 .

FINDINGS OF FACT

1. Petitioners are the owners of real property located at 601 Northeast 36th Street,

Miami, Florida. The Property abuts State Road 25 ("Northeast 36th Street"), which is part of the

State Highway System.

2. On October 1, 2007, the Department issued a NOID of the Petitioners' Permit

Application for its eastern driveway connection from the Property to Northeast 36 1 h Street.

3. The Petitioners filed a Petition for Formal Administrative Proceedings with the

Department's Clerk of Agency Proceedings on October 15, 2007, challenging the Department's

issuance of the NOID.

4. The Department and Petitioners entered into a Joint Stipulation of Settlement on

June 20, 2019, attached hereto as Exhibit A. Specifically, the parties stipulate that they have

entered into a Cross Access Easement Agreement which is recorded in the official records of

Miami Dade County at O.R. Book 31532, Pages 768-779, and attached hereto as Exhibit B. The

Cross Access Easement Agreement pertains to the Property's eastern driveway connection to

Northeast 36 1 h Street in Miami, Florida. It encumbers a portion of real property owned by the

Department that abuts the eastern boundary of Petitioners' Property and over which Petitioners'

eastern driveway connection was partially located. As consideration for the easement interest in

the Department's property granted through the Cross Access Easement Agreement, the Petitioners

have paid the Department the sum of $15,000.00. Additionally, the Cross Access Easement

Agreement conveys an access easement to the Department over a portion of the eastern driveway

located on Petitioners' Property.

Page 2 of 4

5. By entering into the Joint Stipulation of Settlement, the parties have now entered

into a full and final compromise and settlement of all issues now pending in this case and in any

related matters, and each party agrees to release the other party from all claims, demands, and

causes of action that would arise from the matters set forth in any pleadings filed in Department

Case No. 07-100.

CONCLUSIONS OF LAW

6. The Department has jurisdiction over the subject matter of and the parties to this

proceeding pursuant to Chapters 120 and 335, Florida Statutes.

ORDER

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby

ORDERED that the attached Joint Stipulation of Settlement is approved and adopted as if

fully set forth herein. It is further

ORDERED that the Petition for Formal Administrative Proceedings filed by Petitioners in

this matter is dismissed.

'():t!:-

DONE and ORDERED this --= 6 '----- day of August 2019 .

Page 3 of 4

Copies furnished to:

GEORGE S. REYNOLDS IV, Esq.

Assistant General Counsel

Office of General Counsel

Florida Department of Transportation

605 Suwannee Street, MS-58

Tallahassee, Florida 32399-0458

JACK CONRAD

Blue Condominium Association

601 Northeast 36 1 h Street

Miami, Florida 33137

DAVID C. ASHBURN, Esq.

Greenberg Traurig, P.A.

101 East College Avenue

Tallahassee, Florida 32301

MARC A. SMILEY, Esq.

Siegfried Rivera

201 Alhambra Circle, Floor 11

Coral Gables, Florida 33134

Page 4 of 4

Florida Department of Transportation

RON DESANTIS 605 Suwannee Street KEVIN J. THIBAlJI"T, P.F-.

GOVERNOR Tallahassee, FL 32399-0450 SECRETARY

DELEGATION OF AUTHORITY

I, Kevin J. Thibault, P.E., Secretary of the Florida Department of

Transportation, delegate to Tom Byron, P.E · as the Assistant Secretary for

Strategic Development and Courtney Drummond, P .E. as the Assistant Secretary

'

for Engineering· and Operations, and Stacy Miller, P.E.. as the Assistant Secretary

for Finance and Administration, the authority and responsibility to take action on

my behalf at anytime during my absence from the Department headquarters in

Tallahassee. I also rescind any prior delegations to the contrary.

Date r 1

v.'ww.dot.state.fl.us

STATE OF . FLO:Ril>A

DEPAR,TMENT QF n.ANSP()RTAUON

JI!(lydon Jlu.ildhtg

605 Suwmiilee street

FlOrida

CAUSEWAY TOWERS, LP

(!kla CAUSEWAV . TOWERS, LLC,

BLUE CONDOMINIUM ASSOCiATION, INC.,

Petitioners,

vs. DOT CASE No.: 0 : 7-100

Respondent.

JOINT SUfULATION , OF SJi;TTLEMEtff AND RET•EME

l'etitionets1 BLUE CONDOMINIUM ASSOCIATION" INC. (the and

Respondent. DEPARTMENT OF TRANSPORTATION (the collectiVely the i i

I ' I

"Parties", hc:re.by il;lto a Joint Sti,PQiation of Settternent and (th¢ "StipuW;it>n of

Settlement") for the purpose ofre.solving the in the above-captioned proceedfhs•

WHEREAS, on August 16:. 2007-, the Department issued a Notice ofint.ent to Deny State

Highway A<:ce$s pe="" _="" t:dlit="" (tbe="" for="" application="" nutnbet'="" 2005="" a="" 690'-36="">

······-·- .·· · . .. . --- --- ···· . .. .. --- - - - - ---- ··. -·-·-· ---·-···-· · · - - . --· · · ··-- -- - · .. . -.- J I

Association . fo.r N.E. Jn access road jJJ Miami-Dade County that ruoo from NE 36th I I

Street, Florida, and termJnates at a wall along filterstate 195 (the"AocessRoad''; and

WHEREAS. 011 OctC>ber 16, 2007, the Association filed a htitlon for Fe>ntud J I

Administrative . Proceedings (the "Petition'? with Agency Clerk challtroging the

NO I. The Petition was assigned Department Case N'o. 07-1 00; and

EXHIBIT A

I

I :

I

loint iiid Pllirl$ a!11e Dept. . -ofTrariipcrliitloii

WHEREAS, on Febmary 22, 2008;_ the Depamnent Nfu.rred the Association's Petition to

the Division of Administrative Hearings (''DOAHh) for an administratiVe hearing. The Petition

was assigrted DOAH Case No. and

WHEREAS, the Association and the filed a Joint Motion for Continuance or

I I in the Alternative tQ Retnaod to the Which DOAH granted on May 7, 2008,

I

I remanding the case tQ the attd closing out DOAH CQ.se tile with for elther Party

I . to request DOAH re-open the case if the Parties wukf not reach a . and

WAEREAS, the Parties have engaged in subsequent and now desire to avoid

the expense, and uncertainty of continued litigation, 3nd instead

desire to resolve and settle the e:taims and disputes among them telated tQ Ute . P.errnit ApplJcat!on

andNOI;and

the P.artles agree · to enter a Cross Aooess Basement Agreement for the

Access Road as amicable re$olutiort to this matter.

NOW, THEREFORE, lT IS AGREED BY THE PARTIES:

1. The Petftio.n flied by the Assoelatkm on October 16, in Department Case

No. 07·100, is

- - " --·2· · · , :fhe -: NO( - -issued - by.,. - - addressing - :the

Pet . ittouer"s permit application fur the Access Road, is hereby withdrawn.

:3. In settlement hereof; the to ent(!r into the Cl'Qss Acc.es_a

Agreement;, a copy of which is attached heretO as Exhlbit (the ''EaSement Agreemenf'), for

the Access Road.

4, Within ten (10) bl.isiness of the date of this Stipulation of

Settlement, the Association shall pay the Department the amtJunt of $15,000,00 (Pifteen

Page2 .· of6

lolnl S!ipuiAilllll OfSetllemc:nt Blue Co.lidoinlnlilm Anoo.

8lld FJorljja'·I>ellt "f'l'umlportadon

'Thousand 11.nd 00/100 doJJat'S) fo.r the Easement Agreement. Within ten (J 0) business

days of the Departrne:nt;s receipt ptJyment :from the Association, the shall execute

the Easement Agreement. Following execution of the Easement Agreement by the Pattie.sJ the

I

I DepQ.rttncnt record the Easement Agreement ln the Public Records ofMiiUtli-Dade Cotmty,

l Florida.

I I 5. Thls Stipulation of' Settlement .constitutes a full and final and

settlement ofall issues now pending in this case llt1.Q any related matters, and eaoh party

I to relea.Se the other party from all claims; demands, and causes ofaction that would arise ftotn

the ma:tters set forth itt any pleading filed in Department Case No. 07-100,

I

6. Each wii1 its own costs and attorneys' fees in this proceeding. In the

event either Party brings an action to enforce any p!'Qvision of this Stipulation of Settlement,

each Party shall bear its own .oosts and attorneys• fees regardless ofthe outcome ofthe action.

7. This Stipulation ofSettlement is contingent upon approval of the Secretary of the

Department or the Secmary's authorized by of a Final Order. Until

such approval is receiVed; neither party incurs any Uabllity or obligation whatsoc:l'Ver pursuant to

tb,is Stipylatlon of Settlement. The effective date of this Stipulation of·Settlement is. the date such

- ·--·Pinal Ordet is ·enterect-Should tbls-'Stlpu!atlon of-Settlement:..Qot-be,approved-bythe Secreta.t:y,of­

the Departtnent or the Secretary's designeej the Association shaJJ have its full dght:!i existing at

the mne of e:x:ecution of this Stipulation of Settlement, including bUt rtot lihiited to the·.right of a

fo.tmal in this case pun11.rant to Sections 120.569 and Floclda

Statutes.

8. Tbfs Stipulation of Settlement is intended to be solely for the benefit of the Parties

hereto, and theit officers, successors, and assigns, and the provisions of thiS

Page 3of6

Ia hit Sripu!Giion afSettiOi:nont: Blilil CiliWiminliini.NiiOC.

ll.lld Flciiida Dept

Stipulation of Settlement are neither intended to be, nor shall they be construed to be, for the

ofany thlrd party.

9. 'this ' Stipuhltion of Settlement does not eonstitute an admission of liability by

Party, and shall never be treated as - an admission of liability by or against either Party for

any purpose.

10. Each party acknowledges participation in the negotiation of this Stipulation of

Settletllent and agrees that no provision of thJs Stipulation of Settlemeot sha:ll be construed

against or interpreted to the disadvantage of any party hereto by any eourt or other govemmentsJ

or judicial authority by reason of suth party having or being deetned to have structured, dictated,

or drafted such provision.

I I. This Stipulation of SettJetnel'rt has been duly autllorized aQd executed by both

Parties and contains all essentJe.l material tenil&

12. This Stipulation ofSettieinent constitutes a Valid and legally binding obligation.

13. The Parties represent and wllUIIlt that the tenus ofthis Stipulation

were negotiated at arm's length and this Stipulation Setttement · wa-s preppred without fraud,

duress, undue influence, or co . erclon of any klnd exerted by either of the Parties qpon the other,

- and-delivery of this voluntary · aet --·

of each Pllt'ty,

14. This Stipulation of Settlement may be executed by facsimile in identical

counterparts; each of which shalt CQnstitute an original all of which shall constitUte one and

the same StipUlation ofSettleroent.

15. This document and any attaclmients oontairi the complete Stipulation of

Settlement betwe:en flle Parties.

Page4 of6

lolilfSdPidallcm PluoCiJndom . bilulll uoq,

8lld P1orlda Dqi!. orTi'abspoiWion

16, This Stipllhttion of Settlement may be modified only tty a written document

sisned by the Parties. No waiver of this Stipulation of Settlement or of any of 1ts pranrlsesJ

obHgations, termsJ bi' conditions shall be vaUd unless it is written and signed b)' p$1.y against

whorn the waiVer "is to be enforced.

11. Tbis Stipulation .of Settlement shall be binding upon the their

predecessors, successors, parents, subsidiaries, affiliates, assigns, Q.gents. directors, officers,

employees, attorneys. Eacb sign$tory to this Stipula:tion of Settlement represents and

warrants that be or she is atrthQrized to execute this Stipulation of Settlement and to bind the

party on whose behalf he or she is signing.

18. If any part of a .Provision of this Stipullltion of Settlement SbaU be fmally

to be invalid or unenfot"Qea:bJe under appJicable law by a court of competent

jurisdiction, that part of the provisJon shaU be ineffective to the extent of such invalidity or

unenforceabUity only) without in any way tlte remaining parts of said provision or the

rerw\\ining provisions of this Stipulation ofSettlernent.

19. The Parties acknowledge that they have had the oppo.ttunity to consu:lt with legal I

counsel of their choosing prior to entering .into this of Settlement and that they 1

- in:tQ - this .. ofScttt¢mcrtt - voJuntariJy.- · · -- · · --- · -.- · · · · - -

20. The Parties coopetated in the drafting ofthis Stipulation of Settlement, •nd in the

event that it is that any prQvfsion of the Stipulation of is that

proviston sh!lll not be presumptively construed against a party.

21. This Stipulation ofSettlement shall be governed, in all under law& of

the State ofF lorida, irrespective ofany choice .Qflaw rules.

Joillt Stipulation arSeUicnMnt: Blue CandQminium Assoc.

and Florida Dept. of Transportation

22. The Parties shaJJ take reasonable steps to effectuate the terms and intent of this

Stipulation of Settlement.

23. The parties request that a Final Order be entered in Department Case No. 7-10,

which fully incorporates this Stipulation of Settlement.

IN WITNESS WHEREOF, the undersigned Parties have executed the Stipulation of

Settlement.

FLORIDA DEPARTMENT OF TRANSPORTATION

By: Date:

Date:

Date: . I

Association ys 'lmsel

\\ , • . . /

Page 6 of6

1111111 11 11111 11 11111111111 1 11111111 1 11111111

C:FN 201. 9 RO£r50496

OR BK 31532 Pss 768-779 1 (12Pss)

07/19. 20.lV

1 DOC: TAX

S . •; ::-(:

.... ..

i'i I I -rz;·:iDE CC!.JN r·{ ,;

This instrument prepared by,

or under the direction of,

Alicia Trujillo, Esq. a.";?) Sec.Job/No.: 87090-2402

District Chief Counsel SR No.: 1 - 195

Florida Department of Transportation · County: Miami-Dade

1000 NW 111 Avenue Parcel No.: 5879/800

Miami, FL 33172

CROSS ACCESS EASEMENT AGREEMENT

This Cross Access Easement Agreement ("Agreement") is made and entered

into this \\ lo day of '"S D \\ , 2019 between BLUE CONDOMINIUM

ASSOCIATION, a Florida not-for-p fit corporation, whose mailing address is: 601 NE

36 Street, Miami, FL 33137 ("Blue Condominium"), and STATE OF FLORIDA,

DEPARTMENT OF TRANSPORTATION, whose mailing address is: 1000 NW 111th

Avenue, Miami, FL 33172-5800, ("FOOT"). Blue Condominium and FOOT are

sometimes individually referred to as "Party", and collectively referred to as the

"Parties."

RECITALS

A . FOOT is the fee simple owner of that certain real property, as more particularly

described in Exhibit "A" (the "FOOT Parcel"), attached hereto and made part hereof,

and Blue Condominium is the fee simple owner of that certain real property, as more

particularly described in Exhibit "B" (the "Blue Parcel"), attached hereto and made part

hereof. The properties are contiguous to each other, and are collectively referred to as

the "Properties."

B. There currently exists a paved road over the Properties (the "Access Road"), as

further described in Exhibit "C", attached hereto and made part hereof. Blue

Condominium desires to grant to FOOT access to that portion of the Access Road

owned by Blue Condominium (the "Blue Access Portion") and FOOT desires to grant to

Blue Condominium access to that portion of the Access Road owned by FOOT (the

"FOOT Access Portion"), as said portions are further described in Exhibit "C". The Blue

Access Portion and the FOOT Access Portion are collectively referred to herein as the

"Easement Area."

NOW, THEREFORE, in consideration of the mutual covenants hereinafter

contained, and for other good and valuable consideration, receipt of which is hereby

acknowledged, the Parties hereby grant to each other the following described

easements, which shall constitute covenants running with the land, intending that th

same shall both benefit and burden the Properties. 1 ':}

\\\\•\\ I ' . I .} •I

· .· •;/ _. ,,

" .:-------'' ./

EXHIBIT 8

11....

AGREEMENTS

1 . Blue . Condominium hereby grants to FOOT a non-exclusive perpetual easement

on, over, and across the Blue Access Portion, with full right and privilege of

ingress and egress, for purposes of allowing FOOT, its successors in interest,

invitees, agents, employees, consultants, contractors, sub-contractors, or other

representatives, absolute, unconditional and unlimited access to the FOOT

Parcel, including but not limited to vehicular, pedestrian and utility access thereto.

2. FOOT hereby grants to Blue Condominium, its agents, invitees, tenants and

employees, a non-exclusive perpetual easement on, over, and across the FOOT

Access Portion, for the limited purposes of constructing, maintaining and repairing

a service road, in order to provide access for emergency vehicles and deliveries,

loading and unloading, utility maintenance, and waste removal in and about the

Blue Parcel. It is understood and agreed that Blue Condominium shall be

responsible, at its sole cost and expense, for all maintenance activities related to

the Easement Area.

3. As an express condition of the easement granted by FOOT to Blue Condominium,

Blue Condominium shall be required to apply for and obtain a permit from FOOT

for any future improvements to be constructed upon the Easement Area, and Blue

Condominium's rights to occupy and use the Easement Area as to any ·such

improvements shall be subject to the terms of the permit. At minimum, FOOT's

permit shall govern the permissible improvements to be built in the future within

the Easement Area, set forth notice requirements, specify insurance

requirements, and list all other terms, limitations and conditions related to Blue

Condominium's occupancy and use thereof. Future improvements shall be those

additional improvements not currently existing in substantial conformance with the

existing improvements described in Exhibit "C", attached hereto.

4. The Parties' use and occupancy of the Easement Area shall in no way interfere

with either Party's use of the remainder of its propertY which is not included in the

Easement Area.

5. In the event that Blue Condominium shall abandon its use of the Easement Area,

or remove . the existing permitted building then the FOOT Access Portion herein

granted, conveyed, assigned and transferred by FOOT to Blue Condominium shall

immediately revert to FOOT, and FOOT shall have the right to immediately re­

possess the FOOT Access Portion. Removal of the Blue Condominium building

existing, and permitted, as of the date of this Agreement, shall also constitute

abandonment of use of the Easement Area. The parties do hereby agree to

execute and deliver the necessary and appropriate instruments, including but not

limited to release of easement documents, required to evidence said reversion.

6. Each Party hereto has made its own independent investigations and inspections

of the Easement Area, and neither has relied, nor shall rely, on any

representations of the other. Neither Party has made any representations or

warranties, expressed or implied, with respect to the Easement Area, or the

nature and extent of its rights in and to the Easement Area.

7 . The rights, benefits, and obligations provided to the . Parties in this Agreement

shall inure to the benefit of and be binding upon Parties, their successors and/or

assigns, until such time as the same shall be modified, amended or released, and

shall be deemed covenants running with the land, . unless sooner terminated as

provided for herein.

8. Blue Condominium shall indemnify and hold harmless FOOT from any and all

damage and/or liability, claims, demands and suits of any kind or nature,

whatsoever, associated with, related to, or caused by the exercise of the rights of

ingress and egress, the construction of the Access. Road, and maintenance and

repair thereof, or any other activity that may be caused by the exercise of the

rights granted herein to Blue Condominium . For the avoidance of doubt, Blue

Condominium's obligation to indemnify and hold harmless FOOT pursuant to this

Paragraph 8 is strictly limited to any and all damage and/or liability, claims,

demand and suits of any kind or nature associated with only Parcel 5879 of the

Easement Area described and depicted on Exhibit A.

9. The provisions of this Agreement . and the easements granted herein may be

enforced by all appropriate actions at law or in equity by either Party. Venue for

any such action shall be Leon County, Florida.

1 0. Except as otherwise expressly provided herein, this Agreement shall constitute

the entire agreement of the Parties, with respect to the matters herein addressed,

and shall supersede all prior or contemporaneous promises, contracts,

statements, representations, or warranties, whether written or oral, as refers to

such matters.

11.1n any action or proceeding arising out of this Agreement, the prevailing party

shall be entitled to recover from the other party, reasonable attorneys' fees, costs,

filing fees and other costs, both at the trial and appellate levels.

12.Any notices required to be given pursuant to this Agreement shall be deemed

received upon delivery and/or delivery and refusal, if. hand delivered or if sent by

United States Certified Mail, return receipt requested , or any nationally recognized

courier service (such as Federal Express or UPS), at the following address or at

such other address as any of the parties may he : reafter specify in the same

manner:

As to FOOT: As to Blue Condominium:

Right of Way Manager 601 NE 36 1 h Street

Florida Department of Transportation Miami, Floricla 33137

District 6 Attn.: Property Manager

1 000 NW 111 th Avenue

Miami, FL 33172

13. This Agreement may not be amended or modified except by written instrument,

executed and acknowledged by the Parties, their successors and/or assigns, and

recorded in the Public Records of Miami Dade County, Florida.

(This portion of the page is left blank intentionally)

IN WITNESS WHEREFORE, the Parties have set hereunto their hands and seal

on the date first above written.

STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION

WITNESSES:

Attest: t/b0 L

MaFsaret J..k...\\e() SnC\\re.e(\\

Executive Secretary

...... · .. "

Affix Department Seal ..;..; .:,. ......_ .•. '• ·, ... ! I .·

£ _tJ ;"

·• ,.. \\ "

' . . . ' .

WITNESSES:

BLUE CONDOMINIUM ASSOCIATION,

Ove/.fo."\\ a Florida not-for-profit corporation

_ ______:::_(71 _ a_b..:..._r,----"(,( "--- J;,ca-k.

Name: __ ___,f>._, . c:_ n ____ ..:;D;._;; 0 _ t .._C: ____ __ _

Title: _____ --- __ c.....h'-'C'--- - -

/

STATE OF FLORIDA

COUNTY OF MIAMI-DADE

The foregoing instrument was executed and acknowledged before me this J1a

day of ;::r, ) \\ 'J ,20\\9, by Jim Wolfe, for District Six, Florida

Department of Transportation, and Executive Secretary for District

Six, Florida Department of Transportation, who are personall y known to me, or who

have produced ______ as identification.

Helen Shaheen

NOTARY PUBLIC

STATE OF FLORIDA

Camm# GG350748

• Expires 7/112023

Notary Public, State of Florida

My commission

STATE OF FLORIDA

COUNTY OF MIAMI-DADE

The foregoing instrument was executed and acknowledged before me this --"tA

day of · j.J;X. , ·,by Pvlr , as of

Blue Condominium Association, a Florida not-for-profit corporation, who is personally

known to me , or who has produced ____ __ as identification.

Notary Public, State of Flori .J (af'Jill.Pr:>

My commission expires: {)Of Ff

EXHIBIT 11 A 11

LEGAL DESCRIPTION

PARCEL# 5879

That portion of the vacated Right-of-Way of N.E. 7th Avenue .lying East of the centerline of said

N.E. 7th Avenue lying South of the Southerly Limited Access Right-of-Way line of State Road

112 I JULlATUTILE CAUSEWAY, and lying North of the North Right-of-Way line of N.E. 36th

Street AND being a portion of Tract B as shown on the plat of "BISCAYNE BAY TOWER",

recorded In Plat Book 160, at Page 48 of the Public Records of Miami-Dade County, Florida.

Being more particularly described as follows:

BEGIN at the point of intersection of said centerline of N.E. 7th Avenue and said Southerly

Limited Access Right-of-Way line of State Road 112 I JULIA TUTILE CAUSEWAY, as shown on

said "BISCAYNE BAY TOWER" plat: thence South 84°42'54" East, along said Southerly

Right-of-Way line, for a distance of 20.15 feet: thence South 01 °40'40" East, along the East

Right-of-Way line of N.E. 7th Avenue, for a distance of 137.00 feet to the point of curvature of

a circular curve to the left, having a radius of 25.00 feet, and a chord bearing of South

46°43'32" East; thence Southeasterly along the ·arc of said curve, through a central angle of

90°05'43", for an arc distance of 39.31 feet to the Intersection with the North Right-of-Way line

of N.E. 36th Street: thence South 86° 13'37" West, along said North Right-of-Way line, for a

distance of 45.04 feet: thence North o 1 °40'40" West, along aforementioned centerline of N.E.

7th Avenue, for a distance of 164.50 feet to the POINT OF BEGINNING.

Containing 3,400 square feet, more or less.

F.D.O.T. will retain all rights of Ingress and egress for road transportation purposes from this

parcel.

-\\ i

t )14 /j, !M _ ?ft:/1 5'

! z This document consists of three (3) sheets / *5HN Up;TAK . , D

! and neither shall be considered full, valid, ; ,P FLO ROfE;;SJON . RID,G. UCeNSE , AL SURVEYOR NO. 5664 AND MAPPER

J and complete without the other . ()

! ..__----1---+----1 FLORIDA DEPAi\\TMENT OF TRANSPORTATION ! . i '

l!l t------+---: 1 -----1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION

ROAD NO. 112 MIAMI-DADE COUNTY

"' S§1 ŒT __ SEE GENERAL NOTES

s BY I DATI: CHECKED JL 06/0S/15 F.P. NO. 251491-1 SECTION 8709-402 SHEET 1 OF 3

EXHIBIT "A"

GENERAL NOTES:

• THIS IS NOT A SURVEY

- Reproductions of this map are not valid without the signature and the original raised seal of the

Florida Licensed Surveyor and Mapper in responsible charge.

• Lands shown hereon were not abstracted by this office for rights of way, easement of record

ownership, abandonments. deed restrictions, or Murphy Act Deeds. This Information should be

obtained through appropriate verification •

• The Bearings shown hereon are referenced to the centerline of N.E. 7th Avenue having a bearing of

N OP40'40 .. W as shown on •BISCAYNE BAY TOWER" P.B. 160, Pg. 48 of the Public Records of

Miami-Dade County, Florida.

- Recorded plat of above "BISCAYNE BAY TOWER" contained some mlsclosures in its dimensions.

Umits of the Vacated N.E. 7th Avenue were made to be parallel and perpendicular to Its centerline

(common line between Tracts A & B) and error distributed to the curves.

- Dimensions shown were taken from record plat and/or documents unless otherwise shown or stated.

- Parcel dimensions are calculated based on the aforementioned plat of "BISCAYNE BAY TOWERu.

- Additions and/or deletions to survey maps, sketches or reports by any party other than the signing

party are prohibited without the written consent of the signing party,

- Owner's was obtained from online Public Records of Miami Dade County Property

www .mlamidade.gov.

- Triangle Surveying & Mapping, lnc. carries Professional liability Insurance for Surveying & Mapping

services.

- F.D.O.T. will retain all rights of Ingress and egress for road transportation purposes from this parcel.

I

l This document consists of three (3) sheets

I and neither shall be considered fufl. valid,

and complete without the other.

;; FLORIDA DEPARTMENT OF TRANSPORTATION

!i SKETCH TO ACCOMPANY LEGAL DESCRIP110N

ROAD NO, 112 MIAMI-DADE COUNTY

REIIISIIJN ISY DATE Jl. O&I05fl!i F.P. NO. 251491·1 SECTION 8709-402 SHEET 2 OF 3

.. PARCEL AREA REMAINDER COMMENTS

f PARCEL NO. OWNER'S NAME EXHIBIT II A 11

"' r 5879 lllTF I FOOT 3,400 SQ. FT. 0.570 AC.

SEC.19. TWP.53S. RGE.42E

LEGEND: BISCAYNE BAY BY TOWER -

(i - Centerline ......, I P.B. 160 PG. 48 -

a - Curve Delta Angle 35' I l

(C) - Calculated §

C.B. - Chord Bearing 1.u w !!::. o I I I

EXIST. • Existing

FOOT - Florida Department I TRACT A :n::::

of Transportation , :J : ::

F.P. - Financial Project - r- jjj I ' ' "I- I WEST R/W UNE OF N.E. 7th AVENUE '" 111 0 w a Q,

FPL - Florida Power & Light t in w 10' 1 - -- - -- -}o;" FPL EASEMENT (Pi - -- ------------ -- - --- - ---- ' Iii ::J

L - Length a::

UA - Limited Access t;

ft1 - Monument Une .c ....., '-; -]- ,

lilO. - Number U) N ot•40'4o• w 164.50' g:trro

P. B. - Plat Book ,., w <(>

PG.- Page 'i OF N.E. 7th AVENUE & UMITS OF TRACT.B • p Q B ;,.u, I.I')U0Ul

P.O.B. - Point of Beginning u.i PARCEL# 5879 .. I

{P) - Plat z

It - Property Une "' "f 111 ' :"""

R "' d.

RGE.- Range ... EAST R/W UNE OF N.E. 7th AVENUE m ,..:.. N to

RT M A - go•os'43 " 1 §:::

R/W - Right-of-Way ... Ill

SEC. Section 0 R• 2s.oo• TRACT B ,::, .

S.R. - State Road w 35 , L• 39.31' i ;"'0:

STA. - Statton c.a ... s 46.43'32• e ... U)

i TWP.- Township

g

i F.D.O.T. NOTE: WILL RCT'AIN ALL RIGHTS OF INGRESS AND EGRESS

I :a FOR ROAD TRANSPORTATION PURPOSES FROM THIS PARCEL

s

J !J \\ This document consists of three (3) sheets 0 JS 1 30 60

: and neither shall be considered full, vaiTd, 1 I I

i and complete without the other. THIS IS NOT A SURVEY Scale: t• = 30'

FLORIDA DEPARTMENT Of STATE ROAD NO. 112 MIAMI·DADE COUNTY

I! TRANSPORTAllON n DATI! PllfPAliED 11'1': 81!1011Wt45TIIQI' TIIIIIIIOtHiaVETlMI- -.o. OIC T wm• SllURCE:

SKETCH TO ACCOMPANY DI'IAWN CMP 06/GJ/15 IGAI4f.Pl.DlM(lll1llll SEEGENEI\\Al,NOTESONSHm'J I

LEGAL DESCRIPTION PARCEL# 5879 J.o.M. 07124115 OtEaceo IL 01103115 F.P. No. 251491-1 sEcnoN &7o9o-zs4a j sHEET 1 oF 3 1

141 /JGIS lf dt o OJ <1m j="">

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EXHIBIT .. B ..

LEGAL DESCRIPTION

PARCEL# 800

That portion of the vacated Right-of-Way of N.E . 7th Avenue lying West of the centerline of said

N.E. 7th Avenue lying South of the Southerly Limited Access Right-of-Way line of State Road 112 I

JULIA TUTTLE CAUSEWAY, and lying North of the North Right-of-Way line of N.E. 36th Street AND

being a portion of Tract A as shown on the plat of "BISCAYNE BAY TOWER" , recorded in Plat Book

160, at Page 48 of the Public Records of Miami-Dade County, Florida . Being more particularly

described as follows:

Begin at the point of intersection of said centerline of N.E. 7th Avenue and said Southerly Limited

Access Right-of-Way line of State Road 112 I JULIA TUTTLE CAUSEWAY, as shown on said

"BISCAYNE BAY TOWER" plat; thence South 01 °40'40" East for a distance of 164.52 feet to the

Intersection with the North Right-of-Way line N.E. 36th Street; thence South 88° 13'37" West, along

said North Right-of-Way line of N.E. 36th Street , for a distance of 4.00 feet to a point on a line

4 . 00 feet West and parallel, as measured perpendicular, to said centerline of N.E. 7th Avenue ;

thence North 01 °40'40" West, along said parallel line, for a distance of 165.01 feet to the

Intersection with the said Southerly Limited Access Right-of - Way l i ne of State Road 112 I JUUA

TUlTLE CAUSEWAY; thence South 84°42'54" East, along said Southerly Limited Access

Right-of-Way line, for a distance of 4.03 feet to the POINT OF BEGINNING.

Containing 659 square feet, more or less.

FLORIDA DEPARTMENT OF TRANSPORTATION

8 SKETCH TO ACCOMPANY LEGAL DESCRIPTION

}----------1- -- ---!------1 STATE ROAD NO. 112 MIAMI-DADE COUNTY

= REV SIZE

::> PARCEL # 800

» R EVISION

EXHIBIT ugu

GENERAL NOTES:

- THIS IS NOT A SURVEY

- Reproductions of this map are not valid without the signature and the original raised seal of the

Florida Licensed Surveyor arid Mapper in responsible charge.

- Lands shown hereon were not abstracted by this office for rights of way, easement of record

ownership, abandonments, deed restrictions, or Murphy Act Deeds. This information should be

obtained through appropriate verification.

- The Bearings shown hereon are referenced to the centerline of N.E. 7th Avenue having a bearing of

N 01 °40'40" W as shown on "BISCAYNE BAY TOWER" P.B. 160, Pg. 48 of the Public Records of

Miami-Dade County, Florida.

- Recorded plat of above "BISCAYNE BAY TOWER" contained some misclosures in its dimensions.

Limits of the Vacated N.E. 7th Avenue were made to be parallel and perpendicular to its centerline

(common line between Tracts A & B) and error distributed to the curves.

- Dimensions shown were taken from record plat and/or documents unless otherwise shown or stated .

- Parcel dimensions are calculated based on the aforementioned plat of "BISCAYNE BAY TOWER".

- Additions and/or deletions to survey maps, sketches or reports by any party other than the signing

party are prohibited without the written consent of the signing party.

- Owner's name was obtained from online Public Records of Miami Dade County Property Appraiser

www.miamidade.gov.

- Triangle Surveying & Mapping, Inc. carries Professional Liability Insurance for Surveying & Mapping

services.

8 "'

i This document consists of three (3) sheets

and neither shall be considered full, valid,

and complete without the other

FLORIDA DEPARTMENT OF TRANSPORTATION

SKETCH TO ACCOMPANY LEGAL DESCRIPTION

a

"' "' PARCEL NO. OWNER'S NAME PARCEL AREA REMAINDER COMMENTS 11

g EXHIBIT 8"

800 BLUE CONDOMINIUM 659 SQ. FT. 1.922 AC.

SEC.l9, TW P . 5 35, RG E. 42 E

BISCAYNE BAY BY TOWER .:J

__, P.B. 160 PG. 48 !J"f

m::::

LEGEND: f--- - I - g111

«t - Centerline I I TRACT A t;; ::J _

A - Curve Delta Angle 1- ', a:

(C) - Calculated M blr;r:

C.B. EXIST. - Chord - Existing Bearing -: r wa: I I

FOOT - Florida Department t',,!_ ___ _ __ .. ____ -- ·

of Transportation

F.P. - Financial Project I - JO' FPL

FPL - Florida Power & Light "z I PARCEL# 800 EASEMENT (P) - lUC:::

L- Length L---{---- --------

LJA - Limited Access 3

r1] - Monument Line t:i w ., 164.50 ' (P) S 01°40'40'" E 4.52'

NO.- Number rx: Cl OF N.E. 7th AVENUE & UMITS OF TRACT A • P.Q.B.

P.B. - Plat Book lii r.,o . N.E. 7th AVENUE ..J..t:crCh

PG. t · CLOSED AND VACATED {P) ...,. _

P . O.B. - Point of Beginning "t .c u I

(P) - Plat U) Ill EAST R/W UNE OF N.E . 7th AVENUE IJA R/W UNE_j . . I ;t' :!(:::

It - Property Line ttl

i ' R - RGE. Radius - Range lrl 111 w . . co7o9o-2s4s• I : :3'""

t RT • Right z TRACT B

RIW -

I j SEC . - Sectaon :::::1 o

I! :6 S.R. STA. -State - Station Road tt: 5

l lWP. - Township 111

I (} 15 30 60

: !J I This and nelther document shall consists be considered of three full, (3) sheets vtdid ,

• and complete without the other. THIS IS NOT A SURVEY Scale: 1• • 30'

FLORIDA DEPARTMENT OF STATE ROAD NO. 112 MIAMI-DADE COUNTY

TRANSPORTATION UY MTe RIIPAAEO 11'1; 11IIM

1 TO AccoMPANY REV SIZE J.O.M . 08/18/lS DRAM! CMP 06105/15 .. 11.1\\13881 SEE GENEAAL NaTES o" SHEU I

LEGAL DESCRIPTION PARCEL# 800 J.D . M ._ .._ CHECltEO '- - SECTION 87090-2548 1 SHEET 3 OF 3

1-

EXHIBIT "C .. SEC.l9, TWP.53S, RGE.42E

1

--'-. >-""

:r UJ -

1-ct;

(") . I 2 BISCAYNE BAY BY TOWER 11)2 OUJ :>II)

c '-' • I "' P .B. 160, PG. 48 ,_::::J

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I (") I 35' ..... I . ILia::: ><>

i 0 g '< """="" "'="" ----="" i="">

r • ::- I - g .,. c li I I \\ \\ MULTI-STORY TRACT A 5 STORY J

LEGEND /."' . •"","'->< ,="" ..="" .....="" •="" •="" -="" .....="" -="" ..="" ..="" l="" ;.="" _="" ..,="" "-="" lu="" w="" :="" \\="" condo="">

wa: zl-

-c:t = a.

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::l FOOT ' · . :. - · . · . f tiv · tton r:nent r Ln t'.>'c _ _ .0.;::-;::\\}.:-:.;.:;-'lf.- _____ .t __ _ L ____ L _.

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" F.P. - r ,·. • UJIDSCAPE \\ :;;: / ---- - 'hosfll:> ______ AND VACAlEo J ____ (P) J L----1- I I . U')cr

"' FPL- & Light zen 1 -------- " A'V - io·f=Pi.EASEMENT1P) \\. .

L!A - Limited Access 1- ltlU0ll')

ft1 - Monument Line W.;-· w .. O)WQN

NO.- Number 5' - - J ::

P.B. - Plat Book N 1- Vl 8 -t:crO'l

PG. - Page ,..., "f ASPHALT • N.E. 7th AVENUE ::: I :··::·: :·.

(P) - Plat Ill .c ...., II • y - - _J ·-··· 1- a.co

RGE.- Range a, ... U> II 1

R/W - Right-of-Way w u f'fl l!A {87090-2548) R/W UNE .J :Jr-.

SEC. - Section lll u.. w =>·

S.R. - State Road 0 z . ;--a; (/) ro

T\\('JP. - Township 2: w :J>].l

::·i.:: - Manhole ::J 35' TRACT B

- Bollard I 1.11 -HO

- Water Meter 0 ;\\

- Water Valve VI

. . - Concrete Pad 1)

- Electric Meter :V0J

- Cleanout G'!i·,J,

·i¥. - Gas Meter f!l

:· ·. - Pull Box (1)

._-_:;.;_.. - Concrete Light Pole i.J

-·:.·- - Wood Pole THIS IS NOT A SURVEY 'T]

FLORIDA DEPARTMENT OF STATE ROAD NO. 112 MIAMI-DADE COUNTY G1

TRANSPORTATION ADD--,:c;p() - ···· r -o - o- - r os/1 ' 1118 BY .. ; i PREPAREOBY: .. _-- -- -- -- ' \\J

EXHIBIT PARCEL 800 --z,;, · ; · ---- 06/03/15 1- __ _____ _ AND ·a· \\()

REV. !· o7/24ii5 - · -c"HEcKED 06{03/15 F.P. No. 251491-1 sEcnoN a7o9o-2s4a 1 sHeET 1 oF 1

o&ATEI ITII.IEI IUSERI