2015-23 Lease Right-of-Way Land from FDOT/Near Dixie Hwy and NE 206th Street RESOLUTION NO. 2015-23
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
REQUEST THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO LEASE TO THE CITY OF AVENTURA
LAND REFERRED TO IN EXHIBIT "A" SITUATED NEAR EAST
DIXIE HIGHWAY AND NE 206TH STREET FOR PUBLIC
PURPOSE TO BE UTILIZED BY THE AVENTURA POLICE
DEPARTMENT; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission of the City of Aventura hereby authorizes the
City Manager to request the Florida Department of Transportation to lease to the City of
Aventura land referred to in Exhibit "A" situated near East Dixie Highway and NE 206th
Street for public purpose to be utilized by the Aventura Police Department.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this resolution
Section 3. This Resolution shall take effect immediately upon adoption.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Vice Mayor Holzberg, and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Teri Holzberg Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2015-�3
Page 2
PASSED AND ADOPTED this 7th day of April, 2015.
ENID WEISMAN, MAYOR
o\ \\ ,
* : *
-N y
5
ATTEST:
i
ELLISA L. HORV AQ*r MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CI ATTORNEY L"----CL"Th
Centennial
FDDT .
-AYE !'�1+*2015
Florida Department of Transportation
RICK SCOTT I 00o N W I I I"h Avenue JIM RAM. )
GO\M:RNOR SL('RE I'AR1
Miami. Florida 33172-5800
May 29, 2015
Steven Steinberg
Chief of Police
City of Aventura Police Department
19200 West Country Club Drive
Aventura, Florida 33180
SUBJECT: Executed Airspace Agreement and
Addendum to Airspace Agreement For Your Records
Lessee : City of Aventura
(Aventura Police Department)
Item/Seg. No. : 249840-1
Sect./Job No. : 87030-2534
FAP No. : 4852-081-P
S. R. No. : 5 (Biscayne Blvd./US 1)
County : Miami-Dade
Parcel No. : 5657
Dear Chief Steinberg:
Enclosed please find for the City's records the fully executed Airspace
Agreement and Addendum to Airspace Agreement for Parcel 5657. Please, make note
that the agreement is for five (5) years, with the option to extend it another five (5) years
provided the City submits its intent to renew, in writing, 120 days prior to the expiration
date of the first 5-year term.
We look forward to working with the City and as always, do not hesitate to
contact Maria A. Llanes at (305) 470-5155 for assistance.
Sin./-rely,
W.E.v uben, RPA
Prop-rty Management Administrator
Enclosure
wwN■.dot.state.11.us
23 CFR,Part 710 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-060-32
AIRSPACE AGREEMENT RIGHT OF WAY
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Page 1 of 7
ITEM/SEGMENT NO.: 2498401
MANAGING DISTRICT: Six
F.A.P. NO.: 4852-081-P
STATE ROAD NO.: 5(Biscayne Blvd/US1)
COUNTY: Miami-Dade
PARCEL NO.: 5657
THIS AGREEMENT, made this 2 day of /' , 2015 , between
CITY OF AVENTURA at 19200 West Country: Drive,Aventura, Florida 33180
(Lessee)and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Department), an agency of the State of Florida
(State).
WITNESSETH:
WHEREAS,the Department may convey a leasehold in the name of the State, in any land, buildings, or other property, real
or personal, acquired under Section 337.25, Florida Statutes; and
WHEREAS,the United States Department of Transportation, Federal Highway Administration (FHWA), requires any use of
airspace above, and/or below the highway's established gradeline, lying within the approved right of way limits on a Federal Aid
System,to be accomplished pursuant to an airspace agreement in accordance with 23 CFR, Part 710, and
WHEREAS,the Department has acquired sufficient legal right,title,and interest in the right of way of S.R. 5
(Biscayne Boulevard) which includes the property described in Exhibit"A"attached hereto and made a part hereof,
which right of way is part of a highway on a Federal Aid System; and
WHEREAS,the Department desires to lease to Lessee the airspace above or below the gradeline of the property described in
Exhibit"A",attached and made a part hereof for the following purpose: as a training facility for police K-9's
(Police Dogs)
WHEREAS,the proposed use will not impair the full use and safety of the highway, require or permit vehicular access to
such space directly from the established gradeline of said highway, or interfere with the free flow of traffic on said highway.
NOW,THEREFORE, in consideration of the premises made a part hereof, and the covenants, promises, understandings,and
agreements made by each party to the other as set forth herein,the Department and the Lessee do hereby mutually agree as follows:
1. Premises
The premises hereto are true and correct and form an integral part of this Agreement.
2. Term
The Department does hereby lease unto Lessee the airspace above or below gradeline of the property for a period of
five(5)years beginning with the date of this Agreement. One renewal of this Agreement may be made for
five(5)years . However, except for a public purpose
conveyance, such renewal may not exceed five years. Nothing herein shall be construed to in any way grant an interest in the property
lying below said airspace.
3. Rent
a. Lessee shall pay to the Department as rent each❑ month ❑ quarter ❑year on or before the first day of each rent
payment period, N/A plus applicable sales tax. When this Agreement is terminated, any unearned rent and
sales tax payment shall be refunded to Lessee. However, no such refund shall be made where termination is due to Lessee's violation
of a term or condition of this Agreement.
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b. The Department reserves the right to review and adjust the rental fee biannually and at renewal to reflect market
conditions.
c. All rental payments are to be made by check or money order, payable to the State of Florida Department of Transportation
and delivered on or before the due date to: N/A
Any written notices shall be sent to the Florida Department of Transportation, 1000 NW 111`"Avenue,RAN Administration, Rm. 6105-B,
Miami, Florida 33172,Attention: Property Management
d. Lessee shall be responsible for all state, county, city, and local taxes that may be assessed, including real property taxes
and special assessments. In the event that no rent is specified herein,then it has been determined that either the use by Lessee is a
nonproprietary use by a governmental agency or an exception from the current fair market rental value requirement(23 U.S.C. Section
156) has been obtained for social, environmental, or economic mitigation(SEE) purposes. In the event that it should be determined at
any time that the use is not a nonproprietary use by a governmental agency or that the SEE exception does not apply or has been
revoked, Lessee agrees to pay, at that time, rent as determined to be the fair market rental value by an independent appraiser certified
by the Department,and Lessee further agrees to pay such rent, under the remaining terms and conditions of this Paragraph 3, for the
remaining term (including renewals)of this Agreement.
e. Any installment of rent not received within ten (10)days after the due date shall bear interest at the highest rate allowed by
law from the due date thereof, per Section 55.03(1), Florida Statutes. This provision shall not obligate the Department to accept late
rent payments or provide Lessee a grace period.
4. Use, Occupancy, and Maintenance
a. The Lessee shall be responsible for developing and operating the airspace as set forth herein.
b. The Lessee's proposed use of the airspace is as follows: as a police K-9 training facility which will consist of the installation
of removable apparatus and obstacles used for the K-9 training.All installations can be quickly removed, if needed.
c. The general design for the use of the airspace, including any facilities to be constructed, and the maps, plans,and sketches
setting out the pertinent features of the use of the airspace in relation to the highway facility are set forth in composite Exhibit"B"
attached hereto and by this reference made a part hereof. In addition, said composite Exhibit"B"also contains a three-dimensional
description of the space to be used, unless the use is of a surface area beneath an elevated highway structure or adjacent to a highway
roadway for recreation, public park, beautification, parking of motor vehicles, public mass transit facilities,or other similar uses, in which
case,a metes and bounds description of the surface area,together with appropriate plans or cross sections clearly defining the vertical
use limits, may be substituted for said three-dimensional description in said composite Exhibit"B".
d. Any change in the authorized use of the airspace or revision in the design or construction of the facility described in Exhibit
"B"shall require prior written approval from the appropriate District Secretary of the Department, subject to concurrence by the FHWA.
e. The Department,through its duly authorized representatives, employees, and contractors, and any authorized FHWA
representative, may enter the facility at any time for the purpose of inspection, maintenance,or reconstruction of the highway and
adjacent facilities,when necessary; or for the purpose of surveying, drilling, monitoring well installations, sampling, remediation,and
any other action which is reasonable and necessary to conduct an environmental assessment or to abate an environmental hazard.
f. Lessee, at Lessee's sole cost and expense, shall maintain the facility to occupy the airspace so as to assure that the
structures and the area within the highway right of way boundaries will be kept in good condition, both as to safety and appearance.
Such maintenance will be accomplished in a manner so as to cause no unreasonable interference with the highway use. In the event
that Lessee fails to so maintain the facility, the Department,through its duly authorized representatives, employees,and contractors,
may enter the facility to perform such work,and the cost thereof shall be chargeable to the Lessee and shall be immediately due and
payable to the Department upon the performance of such work.
g. Portable or temporary advertising signs are prohibited.
h. The design, occupancy, and use of the airspace shall not adversely affect the use, safety,appearance, or enjoyment of the
highway by smoke,fumes,vapors,odors,droppings, or any other objectionable discharges or emissions, or nuisances of any kind
therefrom.
575-060-32
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i. When,for the proposed use of the airspace,the highway requires additional highway facilities for the proper operation and
maintenance of the highway, such facilities shall be provided by the Lessee without cost to either the Department or the FHWA and
subject to both Department and FHWA approval.
j. The proposed use shall not cause or allow any changes in the existing drainage on the property under the airspace.
k. Lessee shall not occupy, use, permit, or suffer the airspace,the property,the facility, or any part thereof to be occupied or
used for any illegal business use or purpose,for the manufacture or storage of flammable,explosive, or hazardous material,or any
other hazardous activity, or in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any
present or future federal, state,or local laws, orders, directions, ordinances,or regulations.
I. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be
defined under any state or federal laws or regulations, or as those terms are understood in common usage,are specifically prohibited.
The use of petroleum products, pollutants, and other hazardous materials affecting the property is prohibited. Lessee shall be held
responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the
Department. Similarly, if any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the
airspace under lease,the Lessee shall be held similarly responsible. The Lessee shall indemnify,defend,and hold harmless the
Department from any claim, loss, damage, cost,charge,or expense arising out of any such contamination.
m. Existing utilities and all corresponding easements shall remain in place and Lessee shall not disturb or interfere with the
same.
5. Indemnification. (select applicable paragraph)
® Lessee is a Governmental Agency
To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Department and all of its officers,
agents, and employees from any claim, loss, damage, cost, charge,or expense arising out of any act, error, omission, or negligent act
by Lessee, its officers, agents,or employees, during the performance of the Agreement,except that neither Lessee, its agents, or its
employees will be liable under this paragraph for any claim, loss, damage, cost,charge, or expense arising out of any act,error,
omission,or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by Lessee in the performance of
services required under this Agreement,the Department will immediately forward the claim to Lessee. Lessee and the Department will
evaluate the claim and report their findings to each other within fourteen (14)working days and will jointly discuss options in defending
the claim. After reviewing the claim, the Department will determine whether to require the participation of Lessee in the defense of the
claim or to require that Lessee defend the Department in such claim as described in this section. The Department's failure to promptly
notify Lessee of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Lessee.
The Department and Lessee will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any.
Note: No longer required for local governments.
❑ Lessee is not a Governmental Agency
Lessee shall indemnify, defend, save,and hold harmless the Department, its agents, officers, and employees,from any
losses,fines, penalties, costs,damages, claims,demands, suits,and liabilities of any nature, including attorney's fees (including
regulatory and appellate fees),arising out of or because of any acts, action, neglect, or omission by Lessee,or due to any accident,
happening, or occurrence on the leased property or arising in any manner from the exercise or attempted exercise of Lessee's rights
hereunder whether the same regards person or property of any nature whatsoever, regardless of the apportionment of negligence,
unless due to the sole negligence of the Department.
Lesee's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate, and to
associate with the Department in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the
Lessor's notice of claim for indemnification to Lessee. Lessee's inability to evaluate liability or its evaluation of liability shall not excuse
Lessee's duty to defend and indemnify within seven days after such notice by the Department is given by registered mail. Only an
adjudication or judgment after the highest appeal is exhausted specifically finding the Department solely negligent shall excuse
performance of this provision by Lessee. Lessee shall pay all costs and fees related to this obligation and its enforcement by the
Department. The Department's failure to notify Lessee of a claim shall not release Lessee of the above duty to defend.
Note: No longer required for local governments.
6. Insurance. Lessee at its expense,shall maintain at all times during the term of this Agreement, public liability insurance
protecting the Department and Lessee against any and all claims for injury and damage to persons and property,and for the loss of life
or property occurring in, on, or about the land arising out of the act, negligence, omission, nonfeasance, or malfeasance of Lessee, its
employees,agents, contractors, customers, licensees, and invitees. Such insurance shall be carried in a minimum amount of not less
than one million dollars ($ 1,000,000.00 )for bodily injury or death to any one person or any number of persons in
any one occurrence and not less than one million dollars ($ 1,000,000.00 ) for property damage,or a combined
575-060-32
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coverage of not less than two million dollars ($2,000,000.00 ). All such policies shall be issued by companies licensed
to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or modified
unless the Department is given at least sixty(60)days prior written notice of such cancellation or modification. Lessee shall provide
the Department certificates showing such insurance to be in place and showing the Department as additional insured under the
policies. If self-insured or under a risk management program, Lessee represents that such minimum coverage for liability will be
provided for the property.
7. Termination
a. This Agreement may be terminated by either party without cause upon thirty (30)days prior written notice to the
other party.
b. It is understood and agreed to by the Lessee that the Department reserves the right to terminate this Agreement
immediately without prior notice, in the event the Lessee violates any of the conditions of this Agreement and such violation is not
corrected within a reasonable time after written notice of noncompliance has been given. In the event the Agreement is terminated and
the Department deems it necessary to request the removal of the facility on the property, the removal shall be accomplished by the
Lessee in a manner prescribed by the Department at no cost to the Department or the FHWA.
c. The Lessee must notify the Department of its intention to renew this Agreement not later than thirty(30)days prior to the
expiration of the original term. Lessee's failure to comply with the foregoing notice provision may result in the Department's refusal to
renew the Agreement.
d. Upon termination of this Agreement, Lessee shall deliver the property to the Department, or its agents, in the condition
existing at the commencement of this Agreement, normal wear and tear excepted, unless a facility, any improvement,or any part
thereof has been constructed on the property.
e. If removal of the facility, improvements,or any part thereof is requested by the Department,any such structures shall be
removed by the Lessee at Lessee's expense by midnight of the day of termination of this Agreement and the property restored as
nearly as practicable.
f. This Agreement is terminable by the Department in the event that the facility ceases to be used for its intended purpose or
is abandoned.
8. Eminent Domain
Lessee acknowledges and agrees that its relationship with the Department under this Agreement is one of landlord and tenant
and no other relationship either expressed or implied shall be deemed to apply to the parties under this Agreement. Termination of this
Agreement for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation
for any interest suffered or lost as a result of termination of this Agreement, including any residual interest in the Agreement or any
other facts or circumstances arising out of or in connection with this Agreement.
Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or
damages of any sort, including special damages,severance damages, removal costs,or loss of business profits, resulting from
Lessee's loss of occupancy of the property specified in this Agreement,or any such rights,claims, or damages flowing from adjacent
properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the property specified in this Agreement. Lessee
also hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation,or damages of any
sort as set out above, as a result of Lessee's loss of occupancy of the property,when any or all adjacent properties owned or leased by
Lessee are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this
Agreement is still in existence on the date of taking or sale or has been terminated prior thereto.
9. Miscellaneous
a. The airspace and Lessee's rights under this Agreement shall not be transferred, assigned, or conveyed to another party
without the prior written consent of the Department,subject to concurrence by the FHWA.
b. In conformance with the Civil Rights Act of 1964(Title VI,Appendix"C") and 49 CFR Part 21, Lessee agrees as follows:
1. That as a part of the consideration hereof, Lessee does hereby covenant and agree as a covenant running with the land
that(1)no person,on the ground of race, color,sex, or national origin shall be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination in the use of said property and facility; (2)that in connection with the construction of any
improvements on said property and facility and the furnishing of services thereon, no discrimination shall be practiced in the selection of
employees and contractors, by contractors; and(3)that the Lessee shall use the property and facility in compliance with all other
requirements imposed pursuant to 15 CFR Part 8, Subpart A.
575-060-32
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2. That in the event of breach of any of the above covenants,the Department shall have the right to terminate this Agreement
and to re-enter and repossess said property and the facility thereon,and hold the same as if this Agreement had never been made or
issued.
c. During the term of this Agreement Lessee shall, at Lessee's own cost and expense, promptly observe and comply with all
present or future laws, requirements, orders,directions, ordinances, and regulations of the United States of America,the State of
Florida, county or local governments, or other lawful authority whatsoever,affecting the land, property, and facility or appurtenances or
any part thereof, and of all insurance policies covering the property, land, and facility, or any part thereof.
d. In addition to or in lieu of the terms and conditions contained herein,the provisions of any Addendum of even date herewith
which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. In the event of any
conflict between the terms and conditions hereof and the provisions of the Addendum(s),the provisions of the Addendum(s)shall
control, unless the provisions thereof are prohibited by law.
e. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and
supersedes all prior agreements, understandings,or negotiations with respect thereto. Any provision hereof found to be unlawful or
unenforceable shall be severable and shall not affect the validity of the remaining portions hereof.
f. Lessee acknowledges that it has reviewed this Agreement, is familiar with its terms, and has had adequate opportunity to
review this Agreement with legal counsel of Lessee's choosing. Lessee has entered into this Agreement freely and voluntarily. This
Agreement contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and
agreements,oral or written, heretofore made between the parties and/or between Lessee and any previous owner of the property and
landlord of Lessee are merged in this Agreement,which alone,fully and completely express the agreement between Lessee and the
Department with respect to the subject matter hereof. No modification,waiver, or amendment of this Agreement or any of its conditions
or provisions shall be binding upon the Department or Lessee unless in writing and signed by both parties.
g. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas,water, telephone,and telegraph
services,or any other utility or service used on the property.
h. This Agreement shall be governed by the laws of the State of Florida, and any applicable laws of the United States of
America.
i. All notices to the Department shall be sent to the address for rent payments and all notices to Lessee shall be sent to the
property address provided herein or otherwise provided in writing to the Department.
575.060-32
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,the day and year first above written.
STATE OF FLORIDA
Cit of Aventura DEP RT ENT OF TRANSPORTATION
LESSEE (Comps e, if applica• -
By -- By:
lir District ret ry\J
Name: Eric M. Soroka, ICMA-CM Name: Gus Peso, P.E.
Title: C. 5 / j0/lap,- Attest: ;Y —l ! A, J
Attest: (Seal) Name/Title: r,l..c4—/,L/g V C,`i1S / Exec. Secretary
,grz'f5tjA ,9____c91: --Name: Ell 1 cna L I-IDVV C 1 Legal Review:.____
Title: L tV v- �,
District Counsel
Name: Alicia Trujillo, Esq.
:1-0:F*;_ ,*
575-060-32
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ADDENDUM
This is an Addendum to that certain Lease Agreement between the City of Aventura
and the State of Florida Department of Transportation dated the 02i7 g."-- day of I4gq_� , 2015 .
In addition to the provisions contained in said Agreement,the following terms and conditions shall be ddemed to be a part thereof
pursuant to Paragraph 9(d)of said Agreement:
1. This is a public purpose Airspace Agreement for no consideration.
2.The Lessse acknowledges that the leased parcel is part of a wet retention pond used for the drainage of the adjacent state road and
that the parcel has the potential for flooding. The Lessee agrees that Lessor shall not be held responsible or liable for any damages or
the costs of such damages to any of the City's equipment installed on the leased parcel that may occur as a result of any flooding.
3. Lessee agrees to assume all maintenance responsiblities for the leased parcel including mowing,vegetation control including around
the pond, litter pick-up and herbicide application along the fence, and fence repairs, as needed.
STATE OF FLORIDA
CITY OF AVENTU': DEP T NT OF TRANSPORTATION
LESSEE(Com.: ame, if appl. .ble)
By: By:
IrDistrict S c t ry
Name: Eric M. Soroka, ICMA-C Name: Gus Pego, P.E.
/* '�G�
Title: Cr P47 110
Attest: (Seal) Name/Title: trai--1W59 ;h,s / Exec.Secretary
Name: ) ti-561 L • 0 r)a Legal Review: ~_"-__
Title: C C KC V L £ : - :11
District Counsel
/-it AN'F t. Name: Alicia Trujillo, Esq.
',mow, .E;; •
a •�.'' b t I tr
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I r
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION:
A portion of Blocks 3, 4 and 7, Hallandale Park No. 8, according to the plat thereof as recorded in Plot Book 20, Page 49
of the public records of Miami—Dade County, Florida; together with the 6 foot wide alleys within said Block 4; also together
with o portion of the 6 foot wide alleys within said Block 7; also together with a portion of the right of ways for Eost Dixie
Highway, N.E. 204th Street and N.E. 205th Street os shown on said plat, lying in the southwest one quarter of Section 34,
Township 51 South, Range 42 East, all being described as follows:
Commence at the northernmost northeast corner of said Block 7; thence South 87'45'30" West along the south right of way
line for N.E. 206th Street, a distance of 36.10 feet to the Point of Beginning, said point lying along the arc of a circular
curve to the left from which the radius point bears South 63'58'24" East from the lost described point; thence
southwesterly along the arc of said curve having a radius of 2962.59 feet, through a central angle of 00'57'51", for an arc
distance of 49.85 feet to a point of tangency, thence South 25'03'35" West, a distance of 91.61 feet to a point of
curvature of a circular curve to the left; thence southwesterly along the arc of said curve having a radius of 3145.99 feet,
through a central angle of 0854'16", for an arc distance of 488.92 feet to the point of tangency, thence South 16'09'19"
West, a distance of 229.48 feet, the last four (4) described courses lying along the limited access right of way line for
Biscayne Boulevard (S.R. 5) as shown on Florida Deportment of Transportation right of way map for Biscayne Boulevard
Section 87030-2534; thence South 87'52'39" West along said limited access right of way line, a distance of 59.00 feet;
thence North 02'07'21" West, a distance of 63.83 feet to a point of curvature of a circular curve to the left; thence
northerly along the arc of said curve having a radius of 22931.22 feet, through a central angle of 00'46'57", for on arc
distance of 313.18 feet to a point of tangency, thence North 02'54'18" West, o distance of 200.00 feet to a point of
curvature of a circular curve to the right; thence northerly along the arc of said curve having a radius of 22831.22 feet,
through a central angle of 0028'49", for an arc distance of 191.45 feet, the lost three (3) described courses lying along
the limited access right of way line for said East Dixie Highway as shown on said right of way map; thence North 87'52'39"
East, a distance of 68.20 feet; thence North 50'59'33" East, a distance of 41.69 feet; thence North 87'45'30" East, a
distance of 289.82 feet to the Point of Beginning, the last three (3) described courses lying along the south right of way
line for said N.E. 206th Street and the limited access right of way line for said N.E. 206th Street, as shown on said right
of way mop.
Said lands situate in the city of Aventuro, Miami—Dade County, Florida. containing 163,298 square feet or 3.749 acres more
or less.
ON
FEB 2 7 2015
G:\2001\010103.192_FDOT PARCEL SKETCHES\DRANiNGS\010103.192_SD OVERALLPARCEL
UPDATES and/or REVISIONS DATE BY CK'D THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the description
shown hereon. There has been no field work, viewing of the subject property, or
1. REVISE PER FDOT COMMENTS 2-27-15 RY monuments set in connection with the preparation of the information shown hereon.
The undersigned and CRAVEN-THOMPSON & ASSOCIATES, INC. make no representations
or guarantees as to the Information reflected hereon pertaining to easements,
rights—of—way, set back lines, reservations, agreements and other similar matters, and
further, this instrument is not intended to reflect or set forth all such matters. Such
information should be obtained and confirmed by others through appropriate title
verification. Lands shown hereon were not abstracted for right—of—way and/or
•
CRAVEN •THOMPSON & ASSOCIATES, INC. easement*. of record.
ENGINEERS • PLANNERS • SURVEYOR'S FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT VI
3E63 KR MID SfFFET FCRT LMCEFDA E.FLCRDA=CO FAX(054)730--6401)1E1..:454)73o-64o0 ITEM/SEG. NO.: 2498401
F1.CRIDA UCENSFD ENGINEERING.SUR■ERNG&WANG Busses No
MAT AL saw+HEREON IS DE PR'OP'ERTY of CRAWN THCMP90N&AS900A115,INC.AND suLL SECT/JOB NO.: 87030-2534, SHEET 9 OF 14
NOT BE FEPR OUCED M VHnE OR IN PART%M OUT NRRIEN PETi USSON.COMIGR(C)2015
JOB NO.: 01-0103-192 010103 _0 192 OVERALLPARCEI_DNG FAP NO.: 4852-081-P
SR NO.: 5 (BISCAYNE BLVD.)
DRAWN BY: RY F.B.N/A PG.N/A COUNTY: MIAMI-DADE
CHECKED BY: TCS DATED: 11-25-14 PARCEL NO.: 5657 SHEET 1 OF 4
1
EXHIBIT "A"
LEGAL DESCRIPTION
LEGEND
BNDY. BOUNDARY
F.D.O.T. FLORIDA DEPARTMENT OF TRANSPORTATION
L ARC LENGTH
L.A. R/W LIMITED ACCESS RIGHT OF WAY
M.D.C.R. MIAMI—DADE COUNTY RECORDS
O.R.B. OFFICAL RECORD BOOK
P.B. PLAT BOOK
PG. PAGE
P.O.C. POINT OF COMMENCEMENT
R RADIUS
R.R. RAILROAD
R/W RIGHT—OF—WAY
S.R. STATE ROAD
d CENTRAL ANGLE
dt 0 ,yy LIMITED ACCESS RIGHT OF WAY LINE
NOTES:
Bearings shown hereon are based on F.D.O.T. right of way mop Section 87030-2534, sheet 9 of 14, lost revision dote:
02-13-98 and ore referenced to the south right of way line for N.E. 206th Street, which bears North 87'45'30" East.
This sketch and description consists of 4 sheets and each sheet shall not be considered full, valid and complete unless
attached to the others.
CERTIFICATE:
We hereby certify that this sketch and description and other pertinent data shown hereon, of the above described property
was made on the ground, conforms to the Standards of Practice for land surveying in the State of Florida, as outlined in
Chapter 5J-17, (Florida Administrative Code) as adopted by Department of Agriculture and Consumer Services, Board of
Professional Surveyors and Mappers, pursuant to Chapter 472.027, Florida Statutes and that said survey is true and correct
to the best of our knowledge and belief.
Cray- ThompsodEc"4sbciates, j4INT D O)"
OFsed Bu"siht€'Nur111ber #271 . t,
1. f 1, � c3 71
Imo -- ;.:, 2015
R • D"n�`oung r ...-1 :
Professional Surveyor qrf• ;Mappe ` •o' 5799
State'off, prido
The sketch of survey and report or the ebples thereof are Mot valid without the
signature and raised seal of a Florida licensed surveyor and mapper.
G:\2001\010103.192•JOT PARCEL SKETCHES\DRAWINGS\010103.192_SD OVERALLPARCEL
UPDATES and/or REVISIONS DATE BY CK'D THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the description
shown hereon. There has been no field work, viewing of the subject property, or
1. REVISE PER FDOT COMMENTS 2-27-15 RY monuments set In connection with the preparation of the Informotlon shown hereon.
The undersigned and CRAVEN•THOMPSON & ASSOCIATES, INC. make no representations
or guarantees as to the Information reflected hereon pertaining to easements,
rights—of—way, set back lines, reservations, agreements and other similar matters, and
further, this Instrument is not intended to reflect or set forth all such matters. Such
information should be obtained and confirmed by others through appropriate title
verification. Lands shown hereon were not obetracted for right—of—way and/or
CRAVEN •THOMPSON &ASSOCIATES, INC. °°•°r^°nte of record.
ENGINEERS • PLANNERS • SURVEYOR'S FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT VI
NbIt SA)SIRE,,Farr LelLETDwE,arnoA=i FAX(964)7N-4 1EL• (sx)731/-64o0 ITEM/SEG. NO 2498401
FU:RdDA LICENSED DICKERING.S MEYING h RAMC BUSINESS Na vi
UAIERAL SHOW4 HtRECN IS THE PRCPERIY Cr ERANEN•n+OIP9ON a ASSOCIATES INC.AM 91A11 SECT/JOB NO.: 87030-2534, SHEET 9 OF 14
NOT BE REPRODUCED IN`MOLE OR IN PMT*MOUT waT1EN PEfi1S9O1 COPIRICHT(C)gals
JOB NO.: 01-0103-192 0101031gLS0 CAE32ALLPARC1_Dy1G SAN NO.: (BISCAYNE P
SR NO.: 5 (BISCA BLVD.)
DRAWN BY: RY F.B.N/A PG.N/A COUNTY: MIAMI-DADE
CHECKED BY: TCS DATED: 11-25-14 PARCEL NO.: 5657 SHEET 2 OF 4
•
EXHIBIT "A"
SKETCH OF LEGAL DESCRIPTION
I — — — — S 87°45'30"W —
POINT OF 36.10'
N5o°5933"E-- —N.E. 206th STREET BEGINNING /__ 0 p
(50'RIGHT OF WAY) ^'
41.69' EXIS,NG - LINE NpRT p o hN
N 87°52'39"E N 87°45' 0"E 289.:2' �eZOCki�R�M
68.20' 21 (BEARING ASE 1 \ `r6,P. . t;1 .c0R
20 27 �!, ���0?�F sMocFR
tO 22 23 24 25 26 — �-9.eJ R
er 3 .
19 — �� R=2962.59'
°f l tiF d=0°57'51" <u
J 18 =BLOCK 7 _ 4 L=49.85' v A
I _ 5
NN
CO 'N 17 J 6 / aT TQ
c to 16 1_ 13 12 11 10 9 I - - - S 25°03'35"W .. i 0
a co 15 7 91.61' ...,(4-O
.N I #.....� �ry
O II z 14 8 / O'et ct d
o � � IL 0
2 I L.A.R/W LINE 4"2�Q iii co
a I N.E. 205th STREET — — /...a°C o=
a
a (50'RIGHT OF WAY) ,— 2 �F...411--..--
o —� \ 0
z m o -- 17,13// �• 1 C N
oor 16 - - - � �. v` hN
NQ O. f� 2 .� 2
WI = Q 15 A-Q-' v- - - -/ `�c"r�� 0
0 J : to 14 �,'t-�Q�� _3_ _/ �� 2 .oT
o
F = O �l�jQ o�� b 4 / v Q� �
w zX � I 13 OQ'QC�a - - - --/ aJo" Jte
EE I 12 S�'1' �v — 5 —/ �(/,Z k..
co - seP�Q�11
II °°j —6 / �_� 2 yr
WI 10 �w —7 _/ ``. �Q�'o
R=22931.22' - r ry 8 / m
d=0°46'57" e 9 `O — Q'?
L=313.18' 1
N.E. 204th STREET MATCHLINE _ _ —
___. — (70'RIGHT OF WAY) SEE SHEETS 4
-1RM-1-EU ON
0 100' 200'
FEB 272015 I -
G:\2001\010103.192-FDOT PARCEL SKETCHES\DRANINGS\010103.192-SO OVERAL1PARCEL GRAPHIC SCALE IN FEET
UPDATES and/or REVISIONS DATE BY CK'D THIS IS NQI A SKETCH OF SURVEY, but only a graphic depletion of the description
shown hereon. There hos been no field work. viewing of the subject property, or
1. REVISE PER FOOT COMMENTS 2-27-15 RY monuments set In connection with the preparation of the information shown hereon.
The undersigned and CRAVEN THOMPSON & ASSOCIATES. INC. make no representations
or guarantees as to the Information reflected hereon pertaining to easements,
rights—of—way, set back lines, reservations, agreements and other similar matters, and
further, this Instrument is not Intended to reflect or set forth all such matters. Such
Information should be obtained and confirmed by others through appropriate title
verification. Lands shown hereon were not abstracted for right—of—way and/or
CRAVEN •THOMPSON &ASSOCIATES, INC. easements of record.
ENGINEERS • PLANNERS • SURVEYOR'S FLORIDA DEPARTMENT OF TRANSPORTATION,DISTRICT VI
e3 NW WO SfN F T LAMM&REHM MOO FM(964)nil-elaa TET.:(Ise)730-e�oo ITEM/SEG. NO.: 2498401
RaaOA UMW)O+QtEERIK MOW I & al9FSS rk,
IATE1IAL SHORN WI IS THE PROPERTY OF aA'O+•marsa+&A900AlES INC.AND MN/ SECT/JOB NO.: 87030-2534, SHEET 9 OF 14
NOT BE REFROp1OED If*O.E at IN PART W1Haln WITTEN Pt7MS901 COPMGHT(C)MS FAP NO.: 4852-081-P
JOB NO.: 01-0103-192 0101O3k192.-SD CAERALLPARCa_DWG SR NO.: 5(BISCAYNE BLVD.)
DRAWN BY: RY F.B.N/A PG.N/A COUNTY: MIAMI-DADE
CHECKED BY: TCS DATED: 11-25-14 PARCEL NO.: 5657 SHEET 3 OF 4
•
•
EXHIBIT "A"
SKETCH OF LEGAL DESCRIPTION
N.E. 204th STREET SEE SHEETS 3 — —
_ MATCHLINE
(70'RIGHT OF WAY)
w _� R=3145.99'
J �-- \ d 8°54'16"
2 1 L=488.92'
N
to J
to z
Z . co 3 IV
R N o V O �u� co sr
w .-st R 4 Q , CL o
N C} 4/ O
Cr
N� rJ oO�ry. J�.jr CO
� N O �Q A' 2�oo Q
Q) O Q • Q(el))
CV j tit — --7 ,,. f....
Q n,
N2°07'21"W 0 �a ; o CO
63.83'---------.....+, 6 Uj O; G; Z
L.A.R/W LINE I / 2 O
� ,e4
0r�tt c
/ S 87°52'39"W O `' o
59.00' �ti1 tt
cid
O ti
2 L41
o
vn
' RIN T ED ON
FFB 2 7 2015 0 100' 200'
G:\2001\010103.192_JDOT PARCEL SKETCHES\DRAWINGS\010103.192_SD OVERAUPARCEL GRAPHIC SCALE IN FEET
UPDATES and/or REVISIONS DATE BY CK'D THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the description
shown hereon. There has been no field work, viewing of the subject property, or
1. REVISE PER FDOT COMMENTS 2-27-15 RY monuments set In connection with the preparation of the Information shown hereon.
The undersigned and CRAVEN•THOMPSON & ASSOCIATES, INC. make no representations
or guarantees as to the Information reflected hereon pertaining to easements,
rights—of—way, set back lines, reservations, ogreementa and other similar matters, and
further, this instrument is not intended to reflect or set forth all such matters. Such
information should be obtained and confirmed by others through appropriate title
verification. Londe shown hereon were not abstracted for right—of—way and/or
CRAVEN •THOMPSON & ASSOCIATES, INC, easements of record.
ENGINEERS • PLANNERS • SURVEYOR'S FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT VI
NW;sso STREET FCRT LA CE7OAlf,FLOI A 33309 FAX(964)734--6 TEL:(954)733-54D0 ITEM/SEG. NO.: 2498401
FlpaDA LJ(CENSiD FNOWERNG,SlRWANG&YAPPING BU9F6S Na 271
MA1E7IAL SNOW)H3RECN IS 1HE PRCFERTY OF CRA104•THUP9CN&AssoaATES,INC MD SHALL SECT/JOB NO.: 87030-2534, SHEET 9 OF 14
NOT BE RFPRCOUCED N*01 OR IN PART WTNOUT WRITTEN FERIISEDCN.CCPYFIa4T(C)2015 FAP NO.: 4852-081-P
JOB NO.: 01-0103-192 010103.1925) ON RALLPARCELDWG SR NO.: 5(BISCAYNE BLVD.)
DRAWN BY: RY F.B.N/A PG.N/A COUNTY: MIAMI-DADE
CHECKED BY: TCS DATED: 11-25-14 PARCEL NO.: 5657 SHEET 4 OF 4
Property Hand-over Report
Florida Department of Transportation
Property Management
Lessee/ Occupant: City of Aventura (Police Department)
Item/Seg No.: 2498401
Sect/Job No.: 87030-2534
FAP No.: 4852-081-P
County: Miami-Dade
Parcel No.: 5 7
Date of Hand-over to occupant: 2 c 1L/..
1. Physical Possession: This is to confirm he hand-over of premises/land
located at between NE 203rd and 206th Streets and between the FEC corridor
to the west and the S/B exit ramp from Biscayne Blvd. and as described in the
Airspace Agreement date a7 SDI, 2015 between the Florida
Department of Transportation and t e CO of Aventura. Lessee does hereby
accept possession of the premises/land and keys, (if any), as of the above
date. All personal property, or other equipment as listed below remains the
property of FDOT and must be left intact. All utility and other services, if any,
will be the Lessees responsibility to arrange and pay for as necessary.
2. Condition of Premises/Land.
(Note if vacant or improved/trash/debris/fences/general condition,etc)
Attach fixtures and fittings list if applicable,and pictures of site as necessary
} Vacant, improved with a FDOT standard chain link fence around its perimeter
an a d uble chain link gate.^ 6e 2� ;� .d ✓.
3. irst lease payment received $_N/A Date: N/A
Name of Lessee: A•ent for Florida Department of
City of Aventura Tra.,p• • : .
By: By:
Right ••, q ay .ministration
Name: G' sfs?� �r�al-!r Property Management
1000 N.W. 111th Avenue,
Miami, Florida 33172
PM 6021 (Rev Aug 27,2008) (305) 470 5150