HomeMy Public PortalAbout2010-15 (PLease see reso 2010-21) Approving an agreement with Galleria of Key Biscayne Inc, re Golf Cart and Pedestrian AccessRESOLUTION NO. 2010-15
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN
AGREEMENT BETWEEN THE VILLAGE AND GALLERIA
OF KEY BISCAYNE INC. PERMITTING GOLF CART AND
PEDESTRIAN ACCESS AND IMPROVEMENTS FOR A
PORTION OF THE PROPERTY LOCATED AT 328
CRANDON BOULEVARD (GALLERIA SHOPPING
CENTER); AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council adopted Ordinance 2009-4 that created the Golf Cart Safety
Board for the purpose of providing recommendations to the Village Council and Village Manager
regarding golf cart safety practices; and
WHEREAS, on January 12, 2010, the Village Council adopted Resolution 2010-1, which
authorized the Village Manager to take any and all steps necessary to implement the improvements
within the Golf Cart/Pedestrian/Bicycle Fernwood Road and Commercial Property Safety and
Access Plan, dated August 24, 2009 (the "Plan"); and
WHEREAS, one of the recommended improvements within the Plan was to provide golf
cart access from Fernwood Road to the Galleria Shopping Center; and
WHEREAS, as such, the Village Council finds that it is necessary to approve the agreement
between the Village and Galleria of Key Biscayne Inc. permitting golf cart and pedestrian access and
improvements on a portion of the property located at 328 Crandon Boulevard, in substantially the
form attached hereto as Exhibit "A"; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare
of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above -stated recitals is hereby adopted
and confirmed.
Section 2. Agreement Approved. That the agreement between the Village and Galleria
of Key Biscayne Inc. permitting golf cart and pedestrian access and improvements on a portion of
the property located at 328 Crandon Boulevard, in substantially the form attached hereto as Exhibit
"A," is hereby approved, and the Village Manager is hereby authorized to execute the Agreement
on behalf of the Village, subject to approval of the Village Attorney as to form and legal sufficiency.
Section 3. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof
PASSED AND ADOPTED this 27th day of April , 2010.
ATTEST:
,d/e1
CHITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS 0 FORM AND LEGAL SUFFICIE
VILLAGE A TO ' EY
2
MAYOR ROBERT L. VERNON
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
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P(3)SM, L.L.C.
PROFESSIONAL SURVEYORS & MAPPERS
3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33166 PHONE:(305) 463-0912 FAX:(305) 463-0913
L.B. No. 7335
SKETCH AND LEGAL DESCRIPTION FOR A 6 FOOT WIDE INGRESS- EGRESS EASEMENT
DATE:
DRAWN BY
SCALE: .
JOB No.
SHEET:
04-01-10
JP
1" = 30'
1003-00023-002
4 of 4
EASEMENT LEGAL DESCRIPTION
EXHIBIT "A"
A PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 54 SOUTH, RANGE 42
EAST, ALL LYING AND BEING IN MIAMI—DADE COUNTY, FLORIDA, AS IT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF TRACT 5 OF "MATHESON ESTATES"
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 46 AT PAGE 86,
OF TI-IE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; SAID POINT ALSO
BEING THE BEGINNING OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF
2635.00 FEET; AND TO WHICH POINT A RADIAL LINE BEARS N82°03'17"W; THENCE
SOUTHWESTERLY 148.50 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
3°13'44" TO THE POINT OF BEGINNING OF A 6.00 FOOT WIDE INGRESS —EGRESS
EASEMENT, LYING 3.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE (SHORTENING OR EXTENDING THE SIDE LINES THEREOF, SO AS TO
CREATE A CONTINUOUS STRIP OF LAND); THENCE S88°15'26"E FOR A DISTANCE OF
40.29 FEET TO THE POINT OF TERMINATION.
P(3)SM, L.L.C.
PROFESSIONAL SURVEYORS & MAPPERS
3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33166 PHONE:(305) 463-0912 FAX:(305) 463-0913
1 L.B. No. 7335
SKETCH AND LEGAL DESCRIPTION FOR A 6 FOOT WIDE INGRESS- EGRESS EASEMENT
DATE:
DRAWN BY
SCALE:
JOB No.
SHEET:
04-01-10
JP
N/A
1003-00023-002
3 of 4
SURVEYOR'S NOTES AND CERTIFICATE
SURVEYOR'S NOTES:
1) This is not a Boundary Survey, but only a GRAPHIC DEPICTION of the
description shown hereon.
2) North arrow direction and bearing shown hereon are based on an assumed
meridian of S79°11'28"E, along the northerly boundary line of Tract 5 of
"Matheson Estates", Plat Book 46 at Page 86 of the public records of
Miami —Dade County, Florida.
3)
Not valid without the signature and the original raised seal of a Florida
Licensed Surveyor and Mapper. Additions or deletions to survey maps or
reports by other than the signing party or parties is prohibited without
written consent of the signing party or parties.
4) There may be additional restrictions not shown on this Sketch & Legal that
may be found in the Public Records of this County. Examination of
the ABSTRACT OF TITLE will have to be made to determine recorded
instruments, if any affecting this property.
5) No title research has been performed to determine if there are any conflict
existing or arising out of the creation of the easements, Right —of —Ways,
Parcel Descriptions, or any other type of encumbrances that the herein
described legal may be utilized for.
6) The intent of this description is to encompass a 6 foot wide INGRESS —EGRESS
EASEMENT.
SURVEYOR'S CERTIFICATE:
I hereby certify to the best of my knowledge and belief that this drawing
is a true and correct representation of the SKETCH AND LEGAL DESCRIPTION, of
the real property described hereon.
I further certify that this survey was prepared in accordance with the
applicable provisions of Chapter 5J-17.05 Florida Administrative Code.
Date: April 1, 2010
EDUARDO M. SUAREZ, P.S.M.
Professional Surveyor and Mapper
State of Florida, Registration No. 6313
P(3)SM, L.L.C.
PROFESSIONAL SURVEYORS & MAPPERS
3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33166 PH0NE:(305) 463-0912 FAX:(305) 463-0913
L.B. No. 7335
SKETCH AND LEGAL DESCRIPTION FOR A 6 FOOT WIDE INGRESS- EGRESS EASEMENT
DATE:
DRAWN BY
SCALE:
JOB No.
SHEET:
04-01-10
JP
N/A
1003-00023-002
2 of 4
LOCATION MAP
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A PORTION OF
SECTION 32, TOWNSHIP 54 SOUTH, RANGE 42 EAST
VILLAGE OF KEY BISCAYNE, MIAMI-DADE COUNTY, FLORIDA
P(3)SM, L.L.C.
PROFESSIONAL SURVEYORS & MAPPERS
3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33166 PHONE:(305) 463-0912 FAX:(305) 463-0913
L.B. No. 7335
SKETCH AND LEGAL DESCRIPTION FOR A 6 FOOT WIDE INGRESS- EGRESS EASEMENT
DATE:
DRAWN BY
SCALE:
JOB No.
SHEET:
04-01-10
JP
N/A
1003-00023-002
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SECTION A -A
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