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2017-083-3188 - Release of Official Record Book 17727 - with Recorded CopyRESOLUTION NO. 2017-83-3188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RELEASE OF THAT CERTAIN DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN OFFICIAL RECORDS BOOK 17727 AT PAGE 479 IN THE OFFICIAL RECORDS OF MIAMI-DADE COUNTY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 19, 1996, ADESA-South Florida, LLC, recorded a Declaration of Restrictive Covenants in the Official Records Book 17727 at Page 479, pertaining to the development of an auto auction use on property located south of NW 215th Street, east of NW 47th Avenue, and west of the Vista Verde neighborhood, and WHEREAS, the approved plans called for the dedication of two parcels depicted as "A Future" (3.3 acres) and "B Future" (7 acres) to either County use or public use within a dedication period, or otherwise developed in accordance with the underlying zoning district, and WHEREAS, the Covenant also outlined maintenance requirements for the two parcels, provisions for future transit amenities, and required the donation of Thirty Thousand Dollars ($30,000) to Dade County for the construction of a tot lot in the Vista Verde Park, and WHEREAS, the proposed site plan never came to fruition and both parcels "A Future" and "B Future" remain vacant to date, and WHEREAS, MG East, LLC ("Applicant"), is now the owner of the subject property and wishes to develop a light industrial warehouse distribution center on the site, and WHEREAS, the recorded Covenants are no longer relevant for the desired use, and Resolution No. 2017-83-3188 18605 NW 27 Avenue Miami Gardens, Florida 33056 Official Records Book (ORB) 11111, Page 479, pertaining to the development of an auto auction use on property located south of NW 215th Street, east of NW 47th Avenue and west of the Vista Verde neighborhood. The approved plans called for the dedication of two parcels depicted as "A Future" (3.3 acres) and "B Future" (7 acres) to either County use or public use within a dedication period, or otherwise developed in accordance with the underlying zoning district. The Covenant also outlined maintenance requirements for the two parcels, provisions for future transit amenities, and required the donation of $30,000 to Dade County for the construction of a tot lot in the Vista Verde Park. Current Situation The proposed site plan for an auto auction use never came to fruition and both parcels "A Future" and "B Future" remain vacant to date. MG East, LLC, wishes to develop a light industrial warehouse distribution center on the site and the recorded Covenants are no longer relevant for the desired use. As the City of Miami Gardens is the successor to Miami-Dade County, MG East, LLC, requests the City Council consent to the release of the prior recorded Covenants in order to facilitate the light industrial project. Proposed Action: It is recommended the City of Miami Gardens City Council adopt the Resolution consenting to the Deletion of Prior Recorded Covenants, pursuant to ORB 17727, Page 479. Attachments: Exhibit "A"- Release of Declaration of Restrictive Covenants Exhibit "B"- Previous Covenants: 17727-479 Turnpike Release of Restrictive Covenant 17727-479 EXHIBIT "A"- Release of Declaration of Restrictive Covenant NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Owner and Miami Gardens hereby agree as follows: 1. Release. Pursuant to this Release, after approval by the Miami Gardens Commission, as memorialized through Resolution No. , the Property is hereby released from the Declaration and all restrictions and encumbrances contained therein and the Declaration is of no further force or effect. 2. Restriction. No residential use and no auto auction use, as those uses were previously contemplated for the Property, shall be permitted on the Property hereafter, unless the restriction herein is modified in writing by the Director of Development Services or his/her assign or successor. 3. Recording. This Release shall be recorded in the public records of Miami-Dade County, Florida, at Owner's expense and a certified copy hereof shall be delivered to the Zoning Administrator of Miami Gardens within thirty (30) days after the date of recording. [The remainder ofthe page is blank; signatures follow.^ {38586445;2) IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals effective as of the date first above written. Signed, sealed and delivered in the presence of; "Owner" WITNESSES: MANHEIM REMARKETING, INC., a Delaware corporation Print Name: By: Name: Title: Print Name: STATE OF _ COUNTY OF The foregoing instrument was executed, acknowledged and delivered before me this day of , 20 , by , as on behalf of Manheim Remarketing, Inc. a Delaware corporation, who is [ ] personally known to me or who [ ] produced as identification. Name: Notary Public, State of My Commission Number: My Commission Expires:_ (NOTARY SEAL) {385g6445;2) Approved as to Form and Correctness: By: City Attorney Approved: Director of Development Services Approved: Director of Public Works {38586445;2} EXHIBIT A THE PROPERTY PARCEL I: TBE WEST ONE-HALF OF TRACT 11, ALL OF TT^CTS 12 THROUGH 20, AND THE WEST ONE-HALF OF TRACT 21, OF EVERGLADES SUGAR AND LAND COMPANrS SUBDIVISION OF SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST; ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS THE NORTH 30.00 FEET OF TRACTS 11, 12, AND 13; AND LESS THE WEST 25.00 FEET OF -mACTS 13, 14, 15, 16 AND 17 AND THAT PORTION OF TRACT 18 LYING IN THE EXTENDED RIGHT-OF-WAY OF NORTHWEST 47TH AVENUE. AND LESS AND EXCEPT ANY PORTION LYING WITHIN THE SNAKE CREEK CANAL. PARCEL II ALL OF SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, LYING NORTH OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE SNAKE CREEK CANAL, AND EAST OF A UNE THAT IS 3470.93 FEET WEST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF SAID SECTION 32, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCELS OF LAND: THE PLAT OF "VISTA VERDE SECTION ONE," AS RECORDED IN PLAT BOOK 92, AT PAGE 45; THE PLAT OF VISTA VERDE SECTION TWO, AS RECORDED IN PLAT BOOK 92, AT PAGE 103; THE PLAT OF VISTA VERDE TOWNHOUSE SECTION "A", AS RECORDED IN PLAT BOOK 93, AT PAGE 2; THE PLAT OF VISTA VERDE TOWNHOUSE SECTION "B", AS RECORDED IN PLAT BOOK 93, AT PAGE 58; THE PLAT OF VISTA VERDE TOWNHOUSE SECTION "C", AS RECORDED IN PLAT BOOK 94, AT PAGE 33; THE PLAT OF VISTA VERDE CLUSTERS UNIT ONE, AS RECORDED IN PLAT BOOK 106, AT PAGE 19; THE PLAT OF VISTA VERDE CLUSTERS UNIT TWO, AS RECORDED IN PLAT BOOK 108, AT PAGE 76; THE PLAT OF VISTA VERDE TOWNHOUSE SECTION "E", AS RECORDED IN PLAT BOOK 94, AT PAGE 69; ALL OF THE ABOVE MENTIONED PLATS RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ALSO LESS AND EXCEPTING THEREFROM: THE NORTH 765.98 FEET OF THE EAST 765.00 FEET OF SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA. {38586445;2} Turnpike Release of Restrictive Covenant 17727-479 EXHIBIT B - Previous Declaration of Restrictive Covenant: 17727-479 17727mr9 This instnunent prepared by:(Space reserved for Clerk of Name; Jos^h G. Goldstein, Esquire Court) Address: Greenberg, Traurig, Hoflfhian, Lipoff, Rosen & ()uentel, P. A. 1221 Brickell Avenue Miami. Florida 33131-3261 DECXARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS, that the undersigned, being the owner, or having some right, title or interest in the following described property (the "Property"), lying, being and situated in Dade County, Florida, to wit: SEE ATTACHED EXHIBIT "A" In order to assure the Board of County Commissioners of Dade County, Florida, that the representations nuide to it by the applicant during consideration of Public Hearing Application No. 96-160 (the "Hearing"), will be abided by, the undersigned voluntarily makes the following Declaration of Restrictions covering and running with the Property: 1 • Development of Fumre Parcels "A" and "B." If the Property is to be developed for an auto auction use in conformity with the plans submitted for the hearing entitled "South Florida Auto Auction" as prepared by R. Quinn Turner, consisting of 9 sheets dated stamped received 7/S/96 and plans entitled "Laiulsc^ Buffers and Entrance Feature" as prepared by Nancy Butler & Assoc. dated 8/01/96, then those parcels depicted on that plan as "A FUTURE" ("Future Parcel A") and "B FUTURE" ("Future Parcel B") shall be dedicated to either County or public use, or developed in accordance with underlying zoning, as provided in this Paragraph. & •• X CN CO 0 N 10 10 cc N (h n >:• £ (JTZrrfO^BO b) c) For a period commencing upon the date the County issues a permit for the development of the property for an auto auction use and running for two (2) years thereafter (the "Dedication Period"), the County may at any time request in writing that Future Parcels A and B (together or separately, or any part thereoO be dedicated to the County. If the County makes a request pursuant to subparagraph (a), within a reasonable time after receiving such request the Owner shall tender a deed conveying the requested property(ies) to the County. At any time within the Dedication Period, the Owner may convey Future Parcels A and B (together or separately, or any part thereoQ to any entity or entities for the purpose of conducting a public, charitable, eleemosynary, community, or similar use on said property, provided that such conveyance is approved by the County Manager, his successor or designee Any portion of Future Parcels A and B that is not conveyed pursuant to subparagraphs (b) or (c) during the Dedication Period may be developed in accordaiKe with applicable land development regulations. Maintenance of Future Parcels A and B. As long as the Owner of the Property owns all or part of Future Parcels A and B, the then Owner of the Property shall be responsible for maintaining such portiotts of Future Parcels A and B that he or she owns in a manner that meets ail requirements of the Code of Metropoliun Dade County, as such may be amended ftom time to time Upon conveyance of all or part of Future Parcels A and B, the transferee shall be responsible for maintaining such laiKis that are conveyed in a d) -2- 3. 4. 5. ^ I ('i'Z7ri'048! nianner that meets all requirements of the Code of Metropolitan Dade County, as such niay be amended from time to time. TfSlWt AnifflttlCg. The Owner shall make provisions for future transit amenities such as pedestrian/wheelchair ramps,, bus pullout bays, and when appropriate the Owner shall provide (or fund) bus shelterfs) area or a sheltered bus stop area which would be aesthetically compatible with the surrounding community, and be functional for transit purposes. Donation for Park Improvements. Within one year from the date of adoption by the Dade County Board of County Commissioners, and the expiration of any appeals and the appeal penod, of a resolution approving the Application, the Owner shall donate $30,000 00 to Dade County for the construction of a tot lot, or such other improvements as are deemed appropriate by the Dade County Parks Department, in the Vista Verde park. County Inspffljijq As further part of this Declaration, it is hereby understood and agreed that any official inspector of the Dade County Department of Planning, Development and Regulation, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. Covenant Runniny with the Land This Declaration on the part of the Owner shall constitute a covenant running with the land and may be recorded in the public records of Dade County, Florida and shall remain in fiill force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, -3 - siurmmB? and limitation upon, all present and future owners of the real property and for the public welfiire. Term. This Declaration is to run with the land and shall be binding.upon all parties and all persona claiming under it for a period of thirty (30) years from the date this Declaration is recorded, after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the then owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by Dade County. Amendment. Release. This Declaration of Restrictions may be modified, inptwtiyt or released as to the land herein described, or any portion thereof, by a written instrument executed by the then owner(s) of all the Property provided that the same is also approved by the Board of County Commissioners or the Zoning Appeals Board of Metropolitan Dade County, Florida, whichever by law has jurisdiction over such matters, or such successor entities as are delegated the power to modify, amend, or release restrictions, after public hearing. Should this Declaration of Restrictions be so modified, amended or released, the Direaor of the Dade County Department of Planning, Development and Regulation, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a vwitten instmment effectuating and acknowledging such modification, amendment or release. Fjiforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any acuon or suit pertaining -4- -a : n ■•.-. v. : ••• ■«: I i'i'Zi'f:0483 to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. 10. Swerability. invalidation of any one of these covenants, by judgment of Court in no way shall affect any of the other provisions which shall remain in hill force and effea. 11. Recording. This Declaration shall be filed of record in the public records of Dade County, Florida at the cost of the Owner following adoption by the Dade County Board of County Commissioners of a resolution approving the Application. Signed, sealed, executed and acknowledged this day of 199 ADESA-SOUTH FLORIDA, LLC, an Indiana limited liability company TrhiTy rl it^. By; SOUTH FLORIDA AUTO AUCTION, INC., a Florida cortMration, as agent and authorized member If le T. Kelley -5- V.: i £ I i'727';.0484 BZHIBIT "V LBOAL DEBCRZPTZOH PARCEL A The West One-Half (W 1/2) of Tract 11, all of Tracts 12 through 20, and the West One-Half (W 1/2) of Tract 21, of EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION Of Section 32, Township 51 South, Range 41 East; according to the Plat thereof, recorded in Plat Book 2, Page 75 of the Public Records of Dade County, Florida; LESS the North 30.00 feet thereof; AND LESS the West 25.00 feet of Tracts 13, 14, 15, 16, and 17 and that portion of Tract 18 lying in the extended right-of-way of Northwest 47th Avenue. AND PARCEL B All of Section 32, Township 51 South, Range 41 East, lying North of the Northerly right of way line of the Snake Creek Canal, and East of a line that is 3470.93 feet West of and parallel with, as measured at right angles to, the East line of said Section 32, all lying and being in Dade County, Florida. LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCELS OF LAND; The Plat of "VISTA VERDE SECTION ONE", as recorded in Plat Book 92, at page 45; the plat of "VISTA VERDE SECTION TWO", as recorded in Plat Book 92, at page 103; the Plat of VISTA VERDE TOWNHOUSE SECTION "A", as recorded in Plat Book 93, at page 2; the Plat of "VISTA VERDE TOWNHOUSE SECTION "B", as recorded in Plat Book 93, at page 58; the Plat of "VISTA VERDE TOWNHOUSE SECTION "C", as recorded in Plat Book 94, at page 3 3; the Plat of "VISTA VERDE CLUSTERS UNIT ONE", as recorded in Plat Book 106, at page 19; the Plat of "VISTA VERDE CLUSTERS UNIT TWO", as recorded in Plat Book 108, at Page 76; the Plat of "VISTA VERDE TOWNHOUSE SECTION "E", as recorded in Plat Book 94, at Page 69; all of the above mentioned Plats recorded in the Public Records of Dade County, Florida. Also Less and Excepting Therefrom: The North 765.98 feet of the East 765.00 feet of Section 32, Township 51 South, Range 41 East, Dade County, Florida. f:\rph\nuckolU\ihackcra\legal.des A? Sit:li'i'27!'(0485 STATE OF FLORIDA ) ) SS: COUNTY OF ) I HEREBY certiiy that on this day, before me, a Notary Public authorized in the state and county witMvt above to take acknowledgments, personally appeared Gayie T. Kelley, to me known to be the person described as President of S^th Florida Auto Auction, Inc., who executed the forgoing instrument, and acknowledged before me that such person executed the said in the nama of and for that coiporation; that as such corporate officer such persons are duly authorized by that corporation to do so; and that the foregoing instrument is the act of that corporation. WITNESS my hand and official seal in the county and state named above this day of /Uooenie>€iei9?<i,. ISOTARY PUBLIC My Commission Expires )4IAM]/OOU)6TEDWI10917/hd|!M>II.DOC/II/ISM 6#ndlAL Wo+arV sEal MICUKL A FRHRE NOTARY PURl IC STAfF. OF FLORIDA COMMlSSlCrJ NO.CC26a096 MY COMMISSION FJ<P. MAR. 21,1 W7 ^CCKSJSOOO* > iMilf Cfowr r fi-jnlOi ■^CURU OfHIfitC HARVEY RUVIN ct£>«i cptr.ut^ CnuRT 6- .i ^ •••• "-t : '■i • •„'-v • i .'•^V VF' uimVOIKTUuarusBovD oiai NOLvu «sc» Mi ain> ssKT^d^jraM rs|>r—led 3_LIS -l-Vm-LedaONlOO•>ti4'«Anor tmttmrlrlStf ^3'^' ' '3^ la ^ll?i? m i «« II a 5 ilhi ;d]| . ill .. I !i I i n iH II 9^8 hA IHJiuiaiiiil!illiOl a1 11n3AV rtU£ *«'K __s£4fl \Tn lifj g^nlij mt I ! «o 3 i-_- L l^il _'?I l|j •y,i5'. .; /M i : n1H 3 I IPtl ' \ ii\ 9 Ci %/«-/E3 i>-ri io/•/Qi /;/ SAw *< / / ^ / ' y y / g>>r:!;'i \|I5I» / X A. V / />v V^o^/>CL / A-- ''^ y V i <1 j }f;C.,Jirnr.,, -^ji ; al• w?7s •>kAl ! 'D o>r>.'7>di I\^ MiMmM s«i ' ISs 11 i I'l;'" ®sPi!! ?\ ^i' a I■. \ J /. • •\lll .. V ^.. 1i 10 "/^.\I y y,.. I ji ^i/ i P-f.(Oit!IB-7?? S &«-K ' g I^7 r ; ^I rn. »yi rr# T^y/ '■'■ ly / ! y^ ^ y^^cTul-i' i i J 5 <111 ; S < tv«? aC;;' =z z <J rr;•^yi/F /.-/ yS-h:Jk-D 3- 7)^*^' 7-.;> y^L-L—JoL^p/^ -c ■ _ _ 'v 7 /^y Gi^'"'y~r It / / >.:-y isr^'^y/ y/ A--_7/ sil !)!_gi I 4 tE-«tr«c-^Dlh-^rB-^\ 0-^7 —B l-rl [-h; c-r«14 t-Ty>WIKnM tT-r7-fj .JMKayV'Kt /t.'iTH n£3- - - -^_- _rr;r 1/-yyTmVliilUXD30MIU0i Prepared by and return to: Susanne Zabloudil, Esq. Akennan LLP Three Brickell City Centre 98 Southeast Seventh Street Miami, FL 33131 RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS THIS RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS ("Release"") is made effective this day of , 20 H , by MANHEIM REMARKETING, INC., a Delaware corporation, ("Owner"), and the CITY OF MIAMI GARDENS, apolitical subdivision of the State of Florida (hereinafter, "Miami Gardens"). RECITALS WHEREAS, Owner holds fee simple title to certain property located in the Miami Gardens, more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Property"): and "WHEREAS, Miami Gardens, as successor to Miami-Dade County, a political subdivision of the State of Florida, is the beneficiary of various covenants running with the land (the "Development Restrictions"), which Development Restrictions affect the Property; and WHEREAS, on November 19, 1996, ADESA-South Florida, LLC, predecessor in interest to Owner in the Property, recorded a Declaration of Restrictive Covenants in Official Records Book 17727, Page 479 of the Public Records of Miami-Dade County, Florida (the "Declaration"): and WHEREAS, the Declaration includes the following covenants and restrictions on the Property: (i) development and maintenance of Future Parcels A and B; (ii) transit amenities; (iii) required donations for park improvements; and (iv) County inspection; and WHEREAS, the purposes for which the Declaration was recorded are no longer applicable to the Property and Miami Gardens has determined that the Development Restrictions should no longer apply to the Property; and WHEREAS, the Owner and Miami Gardens wish to release the Declaration as to the Property so that the Declaration shall be of no further force or effect; and WHEREAS, this Release was considered and approved by the Miami Gardens Commission at its meeting of 2 , by Resolution No. 2017" SiS'llgfe {38586445:2} NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Owner and Miami Gardens hereby agree as follows: 1. Release. Pursuant to this Release, after approval by the Miami Gardens Commission, as memorialized through Resolution No.20l7-' B?'?/^3the Property is hereby released from the Declaration and all restrictions and encumbrances contained therein and the Declaration is of no further force or effect. 2. Restriction. No residential use and no auto auction use, as those uses were previously contemplated for the Property, shall be permitted on the Property hereafter, unless the restriction herein is modified in writing by the Director of Development Services or his/her assign or successor. 3. Recording. This Release shall be recorded in the public records of Miami-Dade County, Florida, at Owner's expense and a certified copy hereof shall be delivered to the Zoning Administrator of Miami Gardens within thirty (30) days after the date of recording. [The remainder of the page is blank; signatures follow.'\ {38586445;2} IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals effective as of the date first above written. Signed, sealed and delivered in the presence of: "Owner" WITNESSES:MANHEIM REMARKETING, INC., a Delaware corporation Print Name: *'!n QL-Oj Prinj^ame: 75"gUA-Pk.\ By: Name: Title:Amber N. Hall Asst. Secretary STATE OF COUNTY OF day of The foregoing instrument was executed, acknowledged and delivered before me this /^ Af/t/ , 2?^. by AMfyrX U-ACC. . as o IS identification. n behalf of Manheim Remarketing, Inc. a Delaware corporation, who personally known to me or who [,^0 produced as Name:SANDRA L GORDON NOTARY PUBLICNotary Public, State of My Commission Numben SlAIt: Of GEORGIA My Commission ExpA^^MMISSION EXPIHhS OIACTB (NOTARY SEAL) ''V jK ^ n nn {38586366;3} Approved as to Form and Correctness: By: City Attorney Approved: Director of Development Services Approved: L Director of Public Works {38586366;3} EXHIBIT A THE PROPERTY LEGAL DESCRIPTION: ALL OF VISTA VERDE TOWNHOUSE SECTION "D", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 94, PAGE 59, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS RIGHT-OF-WAY DEDICATION, AND A PORTION OF TRACTS 7, 8, 9, 10, 11, 21, 22, 23, 24, 25 AND 26 IN SECTION 32 OF THE EVERGLADES SUGAR AND LAND CO. SUBDIVISION OF SECTIONS 4, 5, 8, 9, 6, 17, 20, 21, 28, 29, 32 AND 33 TOWNSHIP 51 SOUTH RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST; THENCE NORTH 87°46'37" EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32 FOR 640.20 FEET; THENCE SOUTH 02°13'22" EAST 20.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02°13'22" EAST 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY LINE ROAD (NW 215TH STREET AS RECORDED IN VISTA VERDE TOWNHOUSE SECTION "E", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 94, PAGE 69, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF SAID PLAT, THE FOLLOWING FIVE (5) COURSES AND DISTANCES; 1) SOUTH 87°46'37" WEST ON THE WESTERLY EXTENSION OF SAID SOUTH RIGHT-OF-WAY LINE 230.29 FEET; 2) SOUTH 75°30'04" WEST 94.36 FEET; 3) SOUTH 29°31'34" WEST 420.00 FEET; 4) SOUTH 09°00'36" WEST 439.98 FEET; 5) SOUTH 30''58'26 EAST ON SAID WESTERLY BOUNDARY OF VISTA VERDE TOWNHOUSE SECTION "E" AND CONTINUING ON THE WESTERLY BOUNDARY OF VISTA VERDE TOWNHOUSE SECTION "C", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 94, PAGE 33, OF SAID PUBLIC RECORDS 640.01 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY OF VISTA VERDE TOWNHOUSE SECTION "C" THE FOLLOWING TWO (2) COURSES AND DISTANCES; 1) SOUTH 46°28'32" EAST 470.00 FEET; 2) SOUTH 48°43'26" EAST 248.90 FEET TO THE NORTHEAST CORNER OF VISTA VERDE CLUSTERS UNIT TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 108, PAGE 76, OF SAID PUBLIC RECORDS; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF VISTA VERDE CLUSTERS UNIT TWO, THE FOLLOWING FIFTEEN (15) COURSES AND DISTANCES; 1) SOUTH 4ri6'34" WEST 54.35 FEET; 2) NORTH 48°43'26" WEST 21.00 FEET; 3) SOUTH 4ri6'34" WEST 55.07 FEET; 4) SOUTH 83°00'10" WEST 99.27 FEET; 5) SOUTH 49°58'52" WEST 16.27 FEET; 6) SOUTH 12°29'50" EAST 92.63 FEET; 7) SOUTH 50°00'10" WEST 116.43 FEET; 8) SOUTH 00°00'10" WEST 14.58 FEET; 9) SOUTH 89°59'50" EAST 10.00 FEET; 10) SOUTH 00°00'10" WEST 70.00 FEET; 11) NORTH 89°59'50" WEST 10.00 FEET; 12) SOUTH 00°00'10" WEST 118.70 FEET; 13) SOUTH 37°04'44" west 32.96 FEET; 14) NORTH 89°59'50" WEST 93.25 FEET; 15) SOUTH 37°04'44" WEST 18.61 FEET TO THE INTERSECTION WITH THE NORTHEASTERLY LINE OF AFOREMENTIONED VISTA VERDE TOWNHOUSE SECTION "D"; THENCE SOUTH 52°55'16" EAST ON SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF SAID VISTA VERDE CLUSTERS UNIT TWO 1056.01 FEET TO THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF NW 207TH LANE AS SHOWN ON THE SAID PLATS; THENCE ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY RIGHT-OF-WAY LINE OF SAID NW 207TH LANE, THE FOLLOWING ELEVEN (11) COURSES AND DISTANCES; 1) NORTH 87°55'16" WEST 580.28 FEET TO A POINT OF CURVATURE; 2) NORTHWESTERLY ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 170.00 FEET, A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 133.52 FEET TO A POINT OF TANGENCY; 3) NORTH 42°55'16" WEST 107.85 FEET TO A POINT OF CURVATURE; 4) NORTHWESTERLY ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 230.00 FEET, A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 180.64 FEET TO A POINT OF TANGENCY; 5) NORTH 87°55'16" WEST 302.26 FEET; 6) SOUTH 02°04'44" WEST 60.00 FEET; 7) {3g586366;3) k.' SOUTH 87°55'16" EAST 302.26 FEET TO A POINT OF CURVATURE; 8) SOUTHEASTERLY ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 170.00 FEET, A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 133.52 FEET TO A POINT OF TANGENCY; 9) SOUTH 42''55'16" EAST 107.85 FEET TO A POINT OF CURVATURE; 10) SOUTHEASTERLY ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 230.00 FEET, A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 180.64 FEET TO A POINT OF TANGENCY; 11) SOUTH 87°55'16" EAST 665.96 FEET TO THE INTERSECTION WITH THE AFOREMENTIONED NORTHEASTERLY LINE OF AFOREMENTIONED VISTA VERDE TOWNHOUSE SECTION "D" AND THE SOUTHWESTERLY LINE OF SAID VISTA VERDE CLUSTERS UNIT TWO; THENCE SOUTH 52°55'16" EAST ON SAID COMMON LINE 19.65 FEET TO THE SOUTHEAST CORNER OF SAID VISTA VERDE TOWNHOUSE SECTION "D", SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF SNAKE CREEK CANAL (SOUTH FLORIDA WATER MANAGEMENT DISTRICT C-9 CANAL); THENCE ON SAID NORTHERLY RIGHT-OF-WAY LINE OF SNAKE CREEK CANAL (SOUTH FLORIDA WATER MANAGEMENT DISTRICT C-9 CANAL), THE FOLLOWING THREE (3) COURSES AND DISTANCES; 1) NORTH 87°55'16" WEST ON THE SOUTH LINE OF SAID VISTA VERDE TOWNHOUSE SECTION "D" 1021.00 FEET; 2) SOUTH 01°46'36" EAST CONTINUING ON SAID SOUTH BOUNDARY 20.05 FEET; 3) NORTH 87°55'16" WEST CONTINUING ON SAID SOUTH BOUNDARY AND ITS WESTERLY EXTENSION 1163.62 FEET TO THE INTERSECTION WITH A LINE LYING 3470.93 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST; THENCE NORTH 0r50'56" WEST ON SAID PARALLEL LINE 2966.71 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF AFOREMENTIONED COUNTY LINE ROAD (NW 215TH STREET); THENCE ON SAID NORTH RIGHT-OF-WAY LINE, THE FOLLOWING THREE (3) COURSES AND DISTANCES; 1) NORTH 87°46'37" EAST ON A LINE LYING 50.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34 FOR 6.02 FEET TO THE INTERSECTION WITH THE EAST LINE OF THE WEST 1/2 OF TRACT 11; 2) NORTH 0r50'56" WEST ON SAID EAST LINE 30.00 FEET TO THE INTERSECTION WITH A LINE LYING 20.00 FEET SOUTH AND PARALLEL WITH SAID NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 34; 3) NORTH 87°46'37" EAST ON SAID PARALLEL LINE 1464.13 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA, AND CONTAINING 3,851,999± SQUARE FEET (88.4297± ACRES). {38586366,3} CFN: 20170342480 BOOK 30576 PAGE 4155 DATE;06/16/2017 11:48:05 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CPi RESOLUTION NO. 2017-83-3188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RELEASE OF THAT CERTAIN DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN OFFICIAL RECORDS BOOK 17727 AT PAGE 479 IN THE OFFICIAL RECORDS OF MIAMI-DADE COUNTY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 19, 1996, ADESA-South Florida, LLC, recorded a Declaration of Restrictive Covenants In the Official Records Book 17727 at Page 479, pertaining to the development of an auto auction use on property located south of NW 215th Street, east of NW 47th Avenue, and west of the Vista Verde neighborhood, and WHEREAS, the approved plans called for the dedication of two parcels depicted as "A Future" (3.3 acres) and "B Future" (7 acres) to either County use or public use within a dedicatii^ period, or otherwise developed in accordance with the underlying zoning district, and WHEREAS, the Covenant also outlined maintenance requirements for the two parcels, provisions for future transit amenities, and required the donation of Thirty Thousand Dollars ($30,000) to Dade County for the construction of a tot lot in the Vista Verde Park, and WHEREAS, the proposed site plan never came to fhiitlon and both parcels "A Future" and "B Future" remain vacant to date, and WHEREAS, MG East, LLC ("Applicant"), Is now the owner of the subject property and wishes to develop a light industrial warehouse distribution center on the site, and WHEREAS, the recorded Covenants are no longer relevant for the desired use, and Resolution No. 2017-83-3188 CFN: 20170342480 BOOK 30576 PAGE 4156 WHEREAS, as the City of Miami Gardens is the successor to Miami-Dade County, the Applicant requests the City Council consent to the release of the prior recorded Covenants in order to facilitate the light industrial project, and WHEREAS, City staff is recommending that the City Council agree to authorize the release of the aforementioned Declarations of Restrictive Covenants, NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resoiution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the release of that certain Declaration of Restrictive Covenants recorded in Official Records Book 17727 at Page 479 in the official records of Miami- Dade County. Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON APRIL 26,2017. OLIVER GILBERT, III, MAYOR ATTEST: RONETTA TAYLOR. MkjjS. CITCITY CLERK Resolution No, 2017-83-3188 CFN; 20170342480 BOOK 30576 PAGE 4157 Prepared by and return to: Susanne Zabloudil, Esq. AkermanLLP Three Brickell City Centre 98 Southeast Sevraitii Street Miami, FL 33131 RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS TfflS RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS ("Release") is matie effective this 2fa day of April , 20 H , by MANHEIM REMARKETING, INC., a Delaware corporation, ("Owner"), and the CITY OF MIAMI GARDENS, a political subdivision of the State of Florida (hereinafter, "Miami Gardens"). RECITALS WHEREAS, Owner holds fee simple title to certain property located in the Miami Gardens, more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, Miami Gardens, as successor to Miami-Dade County, a political subdivision of the State of Florida, is the beneficiary of various covenants running with the land (the "Development Restrictions"), which Development Restrictions affect the Property; and WHEREAS, on November 19, 1996, ADESA-South Florida, LLC, predecessor in interest to Owner in the Property, recorded a Declaration of Restrictive Covenants in Official Records Book 17727, Page 479 of the Public Records of Miami-Dade County, Florida (the "Declaration"): and WHEREAS, the Declaration includes the following covenants and restrictions on the Property: (i) development and maintenance of Future Parcels A and B; (ii) transit amenities; (iii) required donations for park improvements; and (iv) County inspection; and WHEREAS, the purposes for which the Declaration was recorded are no longer applicable to the Property and Miami Gardens has determined that the Development Restrictions should no longer apply to the Property; and WHEREAS, the Owner and Miami Gardens wish to release the Declaration as to the Property so that ftie Declaration shall be of no further force or effect; and WHEREAS, this Release was considered and approved by the Miami Gardens Commission at its meeting of , 20}J_, by Resolution No. 2017- {38586445:2} CFN: 20170342480 BOOK 30576 PAGE 4158 NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Miami Gardens hereby agree as follows: 1. Release. Pursuant to this Release, after approval by the Miami Gardens Commission, as memorialized through Resolution No. 20I7- Pi^SlSBthe Property is hereby released from the Declaration and all restrictions and encumbrances contained therein and the Declaration is of no further force or effect. 2. Restriction. No residential use and no auto auction use, as those uses were previously contemplated for the Property, shall be permitted on the Property hereafter, unless the restriction herein is modified in writing by the Director of Development Services or his/her assign or successor. 3. Recording. This Release shall be recorded in the public records of Miami-Dade County, Florida, at Owner's expense and a certified copy hereof shall be delivered to the Zoning Administrator of Miami Gardens within thirty (30) days after the date of recording. [The remainder of the page is blank; signaturesfollow.] {38S86445;2} CFN: 20170342480 BOOK 30576 PAGE 4159 IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals effective as of the date first above written. Signed, sealed and delivered in the presence of: "Owner' WITNESSES: "tAjjJ* Print Name: MANHE By: QLm fiu^ ife^ame: IM REMARKETING, INC., a Delaware corporation Name: Title: Prini^ STATE OF COUNTY OF Amber N. Hail Asst. Secretary day of The foregoing instrument was executed, acknowledged and delivered before me this /^ 20^ by ffACL. on behalf of Manheim Remarketing, Inc. a Delaware corporation, who is [ ] personally known to me or who [ACI produced as identification. Name:SANDRALQORDON NOTARY PUBUCNotary Public, State of ,, , ■m r,, r , i-u.My Commission Numbei^ My Commission ExDilyjCOIMiStWBHtaiHWa)!! (NOTARY SEAL) {38586366;3} CFN: 20170342480 BOOK 30576 PAGE 4160 Approved as to Form and Correctness: By: City Attorney Approved: Director of Development Services Approved: 0^3^rm. L Director of Public Works {385863M;3} CFN: 20170342480 BOOK 30576 PAGE 4161 EXHIBIT A THE PROPERTY LEGAL DESCRIPTION: ALL OF VISTA VERDE TOWNHOUSE SECTION "D", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 94, PAGE 59, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS RIGHT-OF-WAY DEDICATION, AND A PORTION OF TRACTS 7, 8, 9, 1(D, 11, 21, 22, 23, 24, 25 AND 26 IN SECTION 32 OF THE EVERGLADES SUGAR AND LAND CO. SUBDIVISION OF SECTIONS 4, 5, 8, 9, 6, 17. 20, 21, 28, 29, 32 AND 33 TOWNSHIP 51 SOUTH RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 75. OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST; THENCE NORTH 87°46'37" EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32 FOR 640.20 FEET; THENCE SOUTH 02°13'22" EAST 20.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02°13'22" EAST 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY LINE ROAD (NW 215TH STREET AS RECORDED IN VISTA VERDE TOWNHOUSE SECTION "E", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 94, PAGE 69, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF SAID PLAT, THE FOLLOWING FIVE (5) COURSES AND DISTANCES; 1) SOUTH 87°46'37" WEST ON THE WESTERLY EXTENSION OF SAID SOUTH RIGHT-OF-WAY LINE 230.29 FEET; 2) SOUTH 75°30'04" WEST 94.36 FEET; 3) SOUTH 29''31'34" WEST 420.00 FEET; 4) SOUTH G9°0G-36" WEST 439.98 FEET; 5) SOUTH 3G°58'26 EAST ON SAID WESTERLY BOUNDARY OF VISTA VERDE TOWNHOUSE SECTION "E" AND CONTINUING ON THE WESTERLY BOUNDARY OF VISTA VERDE TOWNHOUSE SECTION "C", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 94, PAGE 33, OF SAID PUBLIC RECORDS 64G.G1 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY OF VISTA VERDE TOWNHOUSE SECTION "C" THE FOLLOWING TWO (2) COURSES AND DIST/>kNCES; 1) SOUTH 46°28'32" EAST 47G.00 FEET; 2) SOUTH 48''43'26" EAST 248.90 FEET TO THE NORTHEAST CORNER OF VISTA VERDE CLUSTERS UNIT TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 108, PAGE 76. OF SAID PUBLIC RECORDS; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF VISTA VERDE CLUSTERS UNIT TWO, THE FOLLOWING FIFTEEN (15) COURSES AND DISTANCES; 1) SOUTH 4ri6'34" WEST 54.35 FEET; 2) NORTH 48°43'26" WEST 21.00 FEET; 3) SOUTH 4n6'34" WEST 55.07 FEET; 4) SOUTH BO-OO'IO" WEST 99.27 FEET; 5) SOUTH 49°58'52" WEST 16.27 FEET; 6) SOUTH 12°29'50" EAST 92.63 FEET; 7) SOUTH 50''00'10" WEST 116.43 FEET; 8) SOUTH OO'OOTO" WEST 14.58 FEET; 9) SOUTH 89°59'50" EAST 10.00 FEET; 10) SOUTH 00°00'10" WEST 70.00 FEET; 11) NORTH 89''59'50" WEST 10.00 FEET; 12) SOUTH 00°OOTO" WEST 118.70 FEET; 13) SOUTH 37''04'44" west 32.96 FEET; 14) NORTH 89°59'50" WEST 93.25 FEET; 15) SOUTH 37''04'44" WEST 18.61 FEET TO THE INTERSECTION WITH THE NORTHEASTERLY LINE OF AFOREMENTIONED VISTA VERDE TOWNHOUSE SECTION "D"; THENCE SOUTH 52'55'16" EAST ON SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF SAID VISTA VERDE CLUSTERS UNIT TWO 1056.01 FEET TO THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF NW 207TH LANE AS SHOWN ON THE SAID PLATS; THENCE ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY RIGHT-OF-WAY LINE OF SAID NW 207TH LANE, THE FOLLOWING ELEVEN (11) COURSES AND DISTANCES; 1) NORTH 87°55T6" WEST 580.28 FEET TO A POINT OF CURVATURE; 2) NORTHWESTERLY ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 170.00 FEET, A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 133.52 FEET TO A POINT OF TANGENCY; 3) NORTH 42'55T6" WEST 107.85 FEET TO A POINT OF CURVATURE; 4) NORTHWESTERLY ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 230.00 FEET, A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 180.64 FEET TO A POINT OF TANGENCY; 5) NORTH 87°55'16" WEST 302.26 FEET; 6) SOUTH 02°04'44" WEST 60.00 FEET; 7) {38S86366;3} CFN: 20170342480 BOOK 30576 PAGE 4162 SOUTH 87°55'16" EAST 302.26 FEET TO A POINT OF CURVATURE; 8) SOUTHEASTERLY ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 170.00 FEET. A CENTRAL ANGLE OF 45''00'00", FOR AN ARC DISTANCE OF 133.52 FEET TO A POINT OF TANGENCY; 9) SOUTH 42°55'16" EAST 107.85 FEET TO A POINT OF CURVATURE; 10) SOUTHEASTERLY ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 230.00 FEET, A CENTRAL ANGLE OF 45''00'00", FOR AN ARC DISTANCE OF 180.64 FEET TO A POINT OF TANGENCY; 11) SOUTH ST-SSTS" EAST 665.96 FEET TO THE INTERSECTION WITH THE AFOREMENTIONED NORTHEASTERLY LINE OF AFOREMENTIONED VISTA VERDE TOWNHOUSE SECTION "D" AND THE SOUTHWESTERLY LINE OF SAID VISTA VERDE CLUSTERS UNIT TWO; THENCE SOUTH 52°55'16" EAST ON SAID COMMON LINE 19.65 FEET TO THE SOUTHEAST CORNER OF SAID VISTA VERDE TOWNHOUSE SECTION "D", SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF SNAKE CREEK CANAL (SOUTH FLORIDA WATER MANAGEMENT DISTRICT C-9 CANAL); THENCE ON SAID NORTHERLY RIGHT-OF-WAY LINE OF SNAKE CREEK CANAL (SOUTH FLORIDA WATER MANAGEMENT DISTRICT C-9 CANAL), THE FOLLOWING THREE (3) COURSES AND DISTANCES; 1) NORTH 87°55'16" WEST ON THE SOUTH LINE OF SAID VISTA VERDE TOWNHOUSE SECTION "D" 1021.00 FEET; 2) SOUTH 0r46'36" EAST CONTINUING ON SAID SOUTH BOUNDARY 20.05 FEET; 3) NORTH 87'55'16" WEST CONTINUING ON SAID SOUTH BOUNDARY AND ITS WESTERLY EXTENSION 1163.62 FEET TO THE INTERSECTION WITH A LINE LYING 3470.93 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST; THENCE NORTH 0r50"^56" WEST ON SAID PARALLEL LINE 2966.71 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF AFOREMENTIONED COUNTY LINE ROAD (NW 215TH STREET); THENCE ON. SAID NORTH RIGHT-OF-WAY LINE, THE FOLLOWING THREE (3) COURSES AND DISTANCES; 1) NORTH 87°46'37" EAST ON A LINE LYING 50.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34 FOR 6.02 FEET TO THE INTERSECTION WITH THE EAST LINE OF THE WEST 1/2 OF TRACT 11; 2) NORTH 0r50'56" WEST ON SAID EAST LINE 30.00 FEET TO THE INTERSECTION WITH A LINE LYING 20.00 FEET SOUTH AND PARALLEL WITH SAID NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 34; 3) NORTH 87''46'37" EAST ON SAID PARALLEL LINE 1464.13 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. AND CONTAINING 3,851,999± SQUARE FEET (88.4297± ACRES). {38S86366;3}