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Resolution No. 2021-24 Conditional Use Approva (CUO2102-0001) Pollos y Jaras Restaurant - April 6, 2021 CITY OF AVENTURA RESOLUTION NO. 2021-24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT POLLOS Y JARRAS RESTAURANT IN TENANT SPACE 956 OF THE AVENTURA MALL EXPANSION, LOCATED AT 19565 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 4, "Alcoholic Beverages", of the City's Code of Ordinances, the applicant, Gianti Investments LLC, doing business as Pollos Y Jarras restaurant, through Application No. CUP2102-0001 , is requesting Conditional Use approval to permit the sale and service of alcoholic beverages at two cocktail lounge/bar areas within the Pollos Y Jarras restaurant in Tenant Space 956 of the Aventura Mall Expansion, as further described in Exhibit "A" (the "Property"); and WHEREAS, the Property is zoned B2, Community Business District; and WHEREAS, the City Commission held a quasi-judicial public hearing as provided by law to review the application; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the sale and service of alcoholic beverages at two indoor cocktail lounge/bar areas within the Pollos Y Jarras restaurant in Tenant Space 956 of the Aventura Mall Expansion located at 19565 Biscayne Boulevard, legally described as Tract R & Part of Tract Q, Aventura 6th Addition more particularly described in Exhibit "A", is hereby granted subject to the following conditions: i) Alcoholic beverages may be sold and served to patrons seated at two indoor cocktail lounge/bar areas within the tenant space only in conjunction with the service of food. Discontinuation of food service at the cafe shall terminate this approval to sell and serve alcoholic beverages. ii) Customers will not be permitted to consume the glass or other open container of alcoholic beverage from the restaurant. iii) Customers may purchase sealed bottles for off-premises consumption pursuant to the applicable State license. iv) This approval is granted exclusively to Gianti Investments LLC doing business as Pollos Y Jarras in Tenant Space 956 in the Aventura Mall City of Aventura Resolution No. 2021-24 Expansion and may not be transferred to another owner and/or operator of the tenant space. v) The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. vi) The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. vii) The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers or to customers who may have been over-served at other establishments. viii) The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community or to Mall patrons and/or that the applicant has violated any condition of this approval. The applicant agrees to immediately discontinue sales and service of alcoholic beverages upon written notice to the applicant of such a determination. ix) Any discontinuation of the sales and service of beer and wine for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. Section 2. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Landman, who moved its adoption. The motion was seconded by Commissioner Narotsky, and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes Page 2 of 12 City of Aventura Resolution No. 2021-24 PASSED AND ADOPTED this 6t" day of April, 2021. ENID WEISMAN, MAYOR • ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: V4 �� [4-t- CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this 6t" day of April, 2021. CITY CLERK Page 3 of 12 City of Aventura Resolution No. 2021-24 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The Land referred to herein below is situated in the County of Miami- Dade, State of Florida, and is described as follows: PARCEL 1 Tract"R'. of A11EN"fURA SIXTH ADDITION, according to the plat thereof, as recorded in Plat Book 120, Page 20, of the Public Records of Miami- Dade County, Florida_ PARCEi_2 A portion of Traci "Q", of AVEN7URA SIXTH ADDITC014, according to the plat thereof, as recorded in Plat Boole 120, Page 20, of the Publio Records of Miami-Dade County, Florida,described as follows: Commence at the Northwest corner of Senfion 3, Township 62 South, Range 42 East, MiamiLDade County, Flanda; thence North 87"27'29" East, along the Fiorth lama of sabd Section 3 for 875.03 feet to a point an the centerline of Aventura Boulevard as shown on said plat of"Aventura Sixth AddifiW.thence South 0263231" East for 73.00 feet to a point on the North line of said Tract"Q"; thence South 87627'29"Nest, along the Forth line of sold Tract"Q"for 12.60 feet 10 a poini of curvature: thence Southwesterly and Southeasterly along the arc of said curve to the left having a radius of 50.00 feet and a central angle of 89°35'24''for an arc distance of 76.18 feat to the point of tangency being on the Westerly Ilne of Tract"H" of"Aventura Fourth Addition", awarding to the plat thereof, recorded in Plat Book 11 e, PwX 34, of the Public Records of Miami-Dade Courrty, Florida; thence South 02°07'55"Eaat along the 1 estedy lfne of said Tract"H" for 423,52 feet: thence North B7"62'05" East for 26.Q0 feet to the POINT OF BEGINNING of the fallowing described tract of land: thence North 87"52'06" East for 148.00 feet; thence North 42`52'06" East for 56.57 feet; thence North 02°07'55"West for 31_63 feet to a paint of curvature,thence Northeasterly along the arc of said curve to thin right having a radius of 325,00 feet and a central angle of 72028'48.6"for an arc distance of 411.13 feel to the point of tangency: thence North 70"20'53,8" East for 122.00 feet; ihenoe North 25"20'53,8" East for 58.66 feet; thence North 25"53'40"West for 94.96 feet to a paint on the North Page 4 of 12 City of Aventura Resolution No. 2021-24 lane of said Tract"Q", Bald point also being on the arc of a circular curve concave to the Northwest and bears South 21019'21" East from the center of said CuNe; thence Northeasterly along the arc of said curve to the left, and along the Northern line of said Tract"Q hawing a radius of 1505.40 feet and a central angle of 0+4*3419"for an arc distance of 120.12 feel; thence South 25'5340" East for 117,40 feet to a pour# on the arc of a circular curve concave to the Southeast and bears North 46`09"5B"West from the center of said curve; thence Northeastefly and Southeasterly along the arc of said circular curve to the right having a radius of 500.DO feet and a central angle of 65'24 25'for an arc distance of 570.78 feet to a point of reverse curvatare; #hence Southaasterty along the arc of said curve to the left having a radius of 125,00 feet and a central angle of 23'1958"for an arc distance of 50.58 feet;thence South 13'08'55" East for 10.62 feet; thence North 76'51'05' East for 342.85 feet to a point on ltre arc of a circular curve concave to the Northeast, said point bears South 81'39'4V West from the center of saiid curve; thence Southwesterly along the arc of Bald curve t;o the left having a radius of 810-00 feet and a central angle of 04'48'35"for an arc distance of 68.00 feet to the point of tarlgeney; thence South 13*08'55" fast for 460.40 feet;thence North 87"1928" East for 111.00 feet Ithe last eight(8) courses beirig along the boundary of said Tract"Q"}: thence Sough 02"4932" East fcr 41DO feel; thence North 87`19'28' East for 123,00 feel: Ihence South 02°40'32" East for 20.00 feet; thence North 87*1928" East for 74.00 feet; thence South 02'40'32" East:for 639.08 feet, thence North M'4434' East for 42-00 feet; thence South 02'40132*East for 116.48 feet; thence North 8 I'll 1'29" East for 2 94.34 feet ta a poni on the arc of a circular Curve concave to the Northeast. said point tears South 81'11'M Wem from the cerAw of Baia curve, said point also being on the East line of said Tract*R", as sil own on said plat of"Aventura Sixth Addition'; thence uoulteasterly along the arc of said curse to the W1 and along the East Iine of said Tract"Q', having for its elements a radius of 4656_66 feet and a central angle of 5'38'08"for 539.29 feet'. thence North 68'17'55*West for 25.00 feet to a paint on the are of a circular curve concaves to the Northwest, said point bears South 89"1B'013" East from the cerrler of said curare; thence Scutheasterty and Southwesterly along the arc of said curve having a radius of 30.00 feet and a central angle of 84'2524"for an arc distan of 33.73 feet to the point of tangency, thence South 86'07'16" West for B7.61 feel to a polar of curvature: thence Southwesterly and Northwesterly along the arc of said curve to the right having a radius of 30.00 flee# and a central angle of 92`56`22" for an arc distance-of 48 66 feet to a point of reverse curvature; theme Northwesterly along the arc of said curve to the Page 5 of 12 City of Aventura Resolution No. 2021-24 left ha ving a radius of 555.00 feet a A a central ar 6 of 24444'30"for an arc distance-of 239.66 feet: thence South 60'00'00"West for 30.86 Peel to a point on the arc of a circular curve concave to the North"61. said poini bears South 79`11'39" E■st hxmn the center of said curve- thence Southwesterly along the arc of said curve to the right having a radius of 135.00 feet and a central angle of48'00'00"for an arc distance of 113.10 feet to a point of revered cumture; thence Southwesterly along the are of said curve to the kifC having a radius of 726.18 feet and a central angle of 29"1 V21"for an arc disiancA of 371.43 feet to d-re point of lan9'encY: thence South 29'30'00'West for 331.34 feet to a point of curvature, thence Southwesterly along the arc of said curve lb the right having a radius of 110,00 feet and a central angle of 25'0U'00'for an arc distanoe of 48.00 feet; thence South 35"30'00" E■st radial to the last described curve fur 3 1.98 feet; thence South 9'52'64"West for 92.90 fee#to a point on tim arc of a crrcutar curve Concave to the Northwest, said point doors Swath 07°29'11'West from the Denier of said curve: thence Sounheaetedy and Northeasterly along the arc of said ours to the left having a radkus of 555 DO feel and a central angle of 54'58'22'for an arc distance of 532.17 feet to a point of reverse curvature-. thence Norlheasteriy and South eauterfy along the arc of said curve to the right having a radius of 35.00 feet and a central arg.le of84'24'26'for an arc d*anc* of 51.56 feel to the paint of Longenejr,thence South 53'02`45' East for 0.31 feet to a point of curvahrre; thence Souftsitteiiy$tong the arc of said curve to the lefk having a radkis of 522.50 feet and a central angla of 27'32'27' for an arc distance of 251.15 feel to a point of reverse curvature;thence Southeaeterty and Southwesterly along the arc of said curve to the right having a radius of 5.f70 feet and a Centnal angle of 125'32'55"for an arc distame of 10.96 feet;thenc*South 45'02'32' East for 25 00 feet to a point on the SoUb line of said Traci 'Q', said point also being on the are of a circular curve concave to the North and beers South 11'34'12' East from the center of said curve;thence Southwesterly along the aro of said curve to the right and along the South line of said Tract"Cl having a radius of 6594.58 feet and a central angle of 04`13'44"for an arc distance of 411.84 feet; thence South 73'1IY52"West airing the South line of said Tract"Q' for 193.18 feel to a point on the arc of a Circular curve ooncen"with the fast described curve, said point bears South 05'24'45"East from the canter of said curve.thence Southwesterly along the arc of said curve too the right having a radius of 5629.58 feet and a central angle of 01'0121"for an arc distance of 100.46 feet to a point on the arc of a dreul$r curve concave to the Northeast, said point bears South 06"0016"West From the oenler of said curve; rWnce Northwesterly Page 6 of 12 City of Aventura Resolution No. 2021-24 along the arc of said curve to the right having a radius of 1070.17 feet and a central angle of 27*09'18'for an arc distance of 507- 0 Feet to the p6 Mt of to agency; thence North '50'26'West for 408.24 feet to o point of ourvaluFe- thenue Nor hvmterty aIcrig the arc of said curve I the left having a radius of 1221-67 feet and a central angle of 23'12'04' for an are distance of 494.70 feet r thence North 11119'21"West for 10 69 feet; thence North 09"4652"East for 73.41 feet to a point on the arc of a circular curve concave io the Norlheast, said paint beers South 09'4652" West from the censer of said curve; thence Northwesterly a_ang Ilse arc of said verve to the right having a radius of 275.00 feet and a central angle of 78*05'13"for an arc distance of 374.79 feet to the point of tangency; thence North 02'07'55" West for 200-00 feet; ]hence North 47'07'55,r West for 56.57 Net;tNenc:e South 87`52'05"West for 148-IM feet; thence North 02'07'55" West for W.00 feet;thence (North 87'52'05" East for 148.00 feet; thence North 42'521b5" East for 56.57 feet; themes Noah 02'0715"West four 283.37 feet-,them Furth 47'07'5F West for 56.57 feet: thence South 87'52'45"West for 148.00 feet: thence fNorlh 02`07'55" VVest for 90.00 feet to tha FOIN7 OF BEGINNfNG. LESS AND EXCEPT the following parcel of land. A parcel of land Yng in Section 3, Township 52 South, Range 42 East, Miami-Dade County. Florida. being more particularly described as folkaw. ComrnGnoe at the Northwest corner of Section 3, Township 52 South, Range 42 East, Miami-Dade County, I kxWa; thence North 87" 7 29" East, along the North Hne of said Section 3 for 875.83 feet to a Ont an the centerline of Avenura Bcolevard; thence South 02*32'31" East for 73-00 feet to a point on the Southerly right-of-way line of Aventura Boulevard; thence South 87027'29"West along said Southerly right-af- Tray line a distance of 12.60 feet to a point; thence 78.18 feet along e curve to the left having a radius of 50 OD kW and a chord of 70.45 feet bearing South 42"39'47'West to a point on the Easlerty 6gbt-of-way IirMe of State load W. 5 (U.S. Highway No. 1), as shown on the Plat of "AVEfNTURA FOURTH ADDITION", as recorded in Plat Book 116, Page 34,of the Public Records of Miami-Dade County. Elarlda;thence South 02`07'55' east along said Easterly right-of-way line for a distance of 1320-72 feet to a point; thence Noorth 87'52'05" East for a distance of 435.30 feet to the princepai point and place of beginning of the following descdptlon; thence North 74*30'00" (Bast for a distance of 170.36 feet to a point: thence North 15*30'=Wesi for a distance of 18.00 feet to a polnt; Page 7 of 12 City of Aventura Resolution No. 2021-24 thence North 74'30'QO' East for a distance of 4 91.4 3 feet to s point, thence South 60'30'00" East for a distance of 380.10 feet to a point; thence South 29'30'0ff'West for a dlstsncs ofifi.62 fee#to a point; thence South 60*30'00' East for a distance of 94.67 feel to a point; thence South 29*30'00'West for a distance of 78.54 feet to s point; theme South SD*30'00" Ea at for a distance of 31.21 feet to a point; thence South 15*30'W'East for a distance of 510.00 feet to a paint; thence South 74*30'04" Wasi far a distance of 64.02 feet to a point; theme Sout+n 25'00'00" Wesi for s distance of 85.78 feet to a point; thence Nattf7 65'00'00"West for a distance of 162.20 feet to a point,ilhence 320.42 feet along an arc to the right, havirng a radius of 2250.00 feet and a chord of 320.15 feel and bearing North 60*5513'West io a point; i xxK a North 56*50126"West for a distance of 325.26 feet to a point: thence North 49'47'23.6'West for a distarim of 486.32 feet to Pie pfi'ncipsi point and place of beginning. FURTHER LESS AND EXCEPT fxom Paroal 2 the follorMng described lams conveyed to the Stabs of Rwida Qepattment of 7ransportntk�n by the Special Warrarity Ind recorded in Oft[al' Records Book 17502, Page 4216, of the Public Records of Miami-Dade County. Florida, to wits Those portions of Trail"Q',A ENTURA SIXTH ADDITION, according to the plat thereof. recorded k1 Plat Book 120, (sage 20, of the Public Records of MiamkDade County, FIorlde, in the Northwest one-quartet (N W. 14) of Section 3, Township 52 South, Range 42 East, and being more parlimIsrly described as folkxws' Commence at tine Southwest comer of said Tract 'Cr: thence along the West line of said Tract "Q", for the following three (3) coursers. (1) Fortin 02'07'21" West, a distance of 29.240 meters (85,53 feet); (2)thence North 0142a'13" East, a distance of43.776 masters (143.62 feel): (3) Nath 02'07'21"West, a distance of 82.872 meters (271,89 feet)to Deference Paint"A" and the POINT OF BEGIN NIN ; thence continue along said West line, North 02'0721" West_ a distance of 27.432 meters (90.00 feat):thence North 87'53'07" East, a distance of 0_457 meters (1.50 feet); thence South 02*07'21" East, a distance of 27.432 meters (90.00 feet); thence South 87'53'07"Weet, a distance of 0.457 meters (1.50 feetl to the P'OINT OF BEGINNING AND Page 8 of 12 City of Aventura Resolution No. 2021-24 Commence at the aforermentioned Reference Paint"A': thence along the West line of said Tree# 'Q', for the following fire (5) courses, (1) NICANti 02007'21' West,a distance of 27.432 r'netera{90.00 feet); (2)thence North 14'4B"10'West, a distance of 12.497 meters (41.00 feet); (3) North 02,°07'21"WesL a distance of 16.246 meters (60.02 feet); (4)thence North 0 1 OW V East, a distance of 39.719 meters (130.31 feet); (5) thence Forth 02*0771"West, a dielance of 43.721 meters (143.44 feat) toft POINT OF BEGINNING;thence continue along said West line, North 02*0721"West, a distance of 27.432 meters (90,00 feet); thence North 87*53101"East, a distance of 0.457 meters (1.50 feet); thence Sauth 020OT210 East, a distance of 27.432 ureters (90.00 feet); thence SoM 87'53'01*West. a distanrs►of 0.457 meters (1.50 feet) to the POINT OF BEGINNfNG. PARCEL 2A The reciprocal and iron-exclusive rights. easements and privileges or use, ingress, egress, psrklnq and for utility and other purposes created and granted as an appurienance to Developers Site (as defined in the EasemenI and Operating Agreement hereinafter referred to)of which the abo+,re-deecnbed Parcel 2 is a part, in and by that certein Easement stud Operating Agreement by and among Sears, Roebuck and Co. and Aventura Mal Venture dated September 24, 1982 and recorded October 4, 1982 In Official'Recordr, Book 11574, Page 2311, ns amended in Official Records Book 18039, Page 4058, both of the Public Records of Miami-Dade County, Florida, in, on over, upon and under cerlsin adjo+ring real property therein more parficularly described_ PARCEL 3 A portion of TRACT "Q"of AVENTUF2A SIXTH ADDfl'ION", according to she Plat thereof, as recorded in Plat Book 120 at Page 20 of the publl'c records of Miami-Dade County. Florida, described as follows: Commerce at I S.l=. corner of TRACT"R'of said Plait of"AVEf+ITURA SI TH ADDI T10-N', said paint being on a curve concave to the N.E.; thence along the Westerly right-f-way line of West Country Club Dave for the fallowing three (3) courses; (1) thence Southeasterly along the are of said curare to the left having a radius of 4656.6 feet and a central angle of 663608' for 539.29 feet to a point on said curve and Lha PAINT OF BEGINNING of the parcel of land hereinafter descnbed; (2) thence Page 9 of 12 City of Aventura Resolution No. 2021-24 owl*" Southeasterly WWg Me arc of said curve to they left having a radius of 4656.66 feet and a central angle of 2'4741'for 229.85 feet to a point of re►re€se curvature: (3)lheance Southeasterlyr alor)p the are of said curve to the right having a radius esf 1275.14 feet and a central angle of 9'3214"for 212.25 feet to a point of compound curvature of a curve to tha right; thence SmAheasteriy, Westerly and Southwesterty along the arc of said curve to the right havkV a radius of 50.0 feet and a Oe iwal angle of 56*09'34" for 75.19 feet to a point of compound cu vature of a curve to the right ftrx;e Southwesterly along the arc of Said curve to the right havinq a radius of 5594 .58 feet and a central angle of 1'00'20"for 98.19 feet to a point; thence North 45'02'32'West for 25.00 feat to a point on a curve to the left, said point hears South 45`42'32" E from the centerf of said curve; thence Northeasterly, Northern and fdor Owmaterly along the arc of said curve to the left having a radius of 5.00 feet and a central angle of 125'32'55'far 10.96 feet to a point of compound curvature of a curve to the right; thence Northhwestarly along the arc of said curve to the right having a radius of 522.',50 feet and a central angle of 27'32'27"for 251.15 feet to a poini of tangency, thence North 53'02'45' W for 0.31 feet to a point of curvature of a curve to the left;, thence Northwestedy. Westerly and Southweslerty along the arc of said curve to the kfl having a radius of 35.00 feet and a centre!angle of l '24'2'6'for 51.%fW to a point of reverse curvature; thence Southvreeterty along they arc of said curve to the rlght having a radius of 556.0 feet and a central angJe of 54'5622"for 532.17 feet to a pout on said curve, said pc int tears Souih 7'29'11" YVerst from the cerrtef of said curve; f nee North 29"53'54' East for 92.90 feet; thence forth 35'30'00"West far 31.93 feet to a point on a curve to the left; thence Northeasterly along the arc of said curve to the letl having a radius of 110.0 feet and a central angle of 25'00'00"for 4 8.00 feet to a point of tangency: theme.North 29"30'W East for 331,34 feet to a paint of curvature of a curve to the rot; thence Norttheasterty aiorg the arc of said curves to the right having a radius of 726-18 feet and a Central angle of 29'1821'fof 371.43 feet to a point of reverse curvature} of a curve to the left; thence Northeasterly along the arc of said curve to the left having a radius of 135.0 Feet and a central angle of 46400'00R for 113.10 feet to a point on said curve: thence North 60'00W East For 30-86 feet to a point on a curve to the right, s■Jd point bears North 63'19'08" East from fhe renter of said curve;theme Southeasterly along Ifie am of sad curve to the right having a radius of 555_0 feet and a central ariglis of 2414430"for 239-66 feet to a paint of reverse curvature of a curve to the left; thence Sou&easterly. EaMrly and Northeaastudy along the arc of said curve to the left having a radius of 30.0 feet and a central Page 10 of 12 City of Aventura Resolution No. 2021-24 angle of 92"56'22"for 4a_66 feet to a paint of tangency; thence l4cwth 05"0716' East for 87.61 feet to a point of Curvature of a curve to the left; thence along the arc of said curve to the left having a radius of 30.0 feet and a central angle of 64"25'24" far 33,73 feet to a point on said curve; thence South 69'1755" East for 25.0 feet to the POINT OF BEGINNING, PARCEL 4 A portion of Tract"G" of AVENTURA SIXTH ADDITION, according to the plat thereof, recorded in Plat Book 120, Page 20, Public Records of I4lia.mi-Bade County, Florida, described as follows' Commanr * at the Southwest comer of Tract'R"of said Plat of Al ENTURA SIXTH ADDITION, according to the plat t wreal, recorded in Plat Book 120, Pape 2D. of the Public Records of Miami-Dade County, Florida; thence North 47'40'32"West, &tang the West b-our4ary line of said Tract"R" and along rw Saundsry line of said Trait"Q", for 116.48 feet to ilk POINT OF BEGINNING of the hereinafter described property., thence continue North 02'40'32"V ingt, along the previously describer) line of 700.65 feet; thence South 87'19'28'Wes], akmg the boundary line of said Tract'0', for 23 9.00 feet tl'1 n e South 02'40'32' Ea at for 42.00 feet; thence North 87'19*28" East for 123.00 feet., thence South 0244012' East for 20.00 feet; thence North 87 1928' East for 74.00 feet; thence South 02'40'32" East, along a line 42_00*et west of and parallel►vith the ~Nest litre of said Tract"R", for 839.08 feet; them*North 86'44'34`East for42.00 feet to the POINT OF 8EGINNING. PARCEL Non--exclusive easements fcwvehicuiar and pedestrian pass"away created by and more particutarfy described in the instrument entitled Parkng Easement and Cavenant Running with the Title to Land between Aventura Mall UoWation and Doned of Florida, Inc. recorded in Official Records Book 8819, Page 105 and the Deolaration. Covenant and Reciprocal Easement Agreement recorded in Off6aI Records Book N41. Page 715. as amended by the instruments recorded in Official Records Book 9002, Page 840, Official Records Book 11499, Page 714, Official Records Hook. 11499. Page 731, Official Records Rook 15453, Page 2781 and Official Records Book 15467. Pape 325, excluding that portion of said ea seine n U wh i c h l ies with in Parcels 1, 2 o r 4 described above Page 11 of 12 City of Aventura Resolution No. 2021-24 LESS AND EXCEPT THEREFROM: A portion of Tracts "R" and "Q", AVENTURA SIXTH ADDITION. according to the plat thereof, as recorded in Plat Book 120, Bane 20, of the Public Recur% of fvliarni-Dade County, Florida, and being more particularly described as follows: Begin at the Northeast comer of sa_d TRACT"R"of AVENTURA SIXTH ADDITION. being a point on the Westerly right of way line of West Country Club Drive; thenm South Q2°40'32" East along said West right of way line and last line of said tract"R", far 3 70.65 teat to a point on a circular curve concave to the East; thence Southeasterly along said West right of way line and Easi We of said TruCt "R' being along a red ius of 4656.66 feet leading to ttre left through a central angle of 3'28'04" for an arc distance of 279.13 feet to a point on a circular curve concave to the No rgwr est and whose radius paint beara North 40'1 t'18"West, thence Southwesterly along a 50.D0 foot radius curve leadlng to t" right through a central arsle of 15"46'57" }of an arc distance of 13.77 feel to a poirrt of tangency; thence South 65"35AV West for 66_02 fact to a point of curvature concave to the North; thence Westerly ands Northwesterly along a 134.00 foot radius curve leading to the right through a Central angle of 91'46'SW for an arc distance of 214.55 feet to it paint of tingenty, thence North 22*43'25"West for 111.22 feet to a point of curvature concave t0 the Southwest; ]hence Northwesterly along a 1583.54 foot radius curve ;eading to the left through a central angle of 6*08'12" for an arc distance of 169,61 feet to a point of oonWund curvature concave to the outhweet,then Northweaterly along a 268.15 foot radius curve leading to the left through a central angle of 34*264r for are arc distance of 161.21 feet to a point of non-tangemy,, ]franca North 69*35'30'West for 67.35 feel;#hence North 64`350r West for 34.73 feet to a point on a circular curve concave to the Souttrcast and whose radial point bears South 55`5T26"East; 1heno fora astariy and Easterly along a 41.71 foot rpolus curve leading to the right through a central angle of 53'0509" for■n arc distance of 39.65 feet to a point of tangency:thence No0h 87.0911r East for I1.16 feet: Race North 02'15'40" Wass for 19.39 feet, thence Borth 87*113 20" East for 23B.19 feet to a point on the West line of said Tract W', thence North 0294l]W"West along said West line for 147.413 feet to the Northwest carver of said Tract "R thence North 97'Ine East along iltm North Isne of said Tract"R' for 266.00 feet to the POINT OF BEGINNING. Pa rl 6; Together with tt►e Non-exci usive Ea semrnts for the bemriit of Parcels 1 through 4 above for ingress and egress for pedestrian and YehWar access, drainage. uldity, construction, encroachment and maintenance purposes created by and more partrculady described in the Declaralion of Easements and Operating Agreement for Aventura Mal recorded in 0fFic4l records Book 28917, Page 4465, of the Public Records of Miami- Dade County. Florida. Page 12 of 12