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Home My Public Portal About2010-44 Approving an access easement between VKB and St Michael Property Holdings, Inc re golf cartRESOLUTION NO. 2010-44 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN ACCESS EASEMENT BETWEEN THE VILLAGE AND ST. MICHAEL PROPERTY HOLDINGS INC., PERMITTING GOLF CART AND PEDESTRIAN ACCESS AND IMPROVEMENTS ON A PORTION OF THE PROPERTY LOCATED AT 104 CRANDON BOULEVARD; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THIS EASEMENT; 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 contained 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 property owned by St. Michael Property Holdings Inc., which is located at 104 Crandon Boulevard, as further described in Exhibit "A" (the "Property"); and WHEREAS, the Village Council finds it appropriate to approve the Access Easement, in substantially the form attached hereto as Exhibit "A," between the Village and St. Michael Property Holdings Inc. permitting golf cart and pedestrian access and improvements on the Property; 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. Each of the above -stated recitals is hereby adopted and confirmed. Section 2. Easement Approved and Village Manager Authorization. The Access Easement, in substantially the form attached hereto as Exhibit "A," is hereby approved between the Village and St. Michael Property Holdings Inc. permitting golf cart and pedestrian access and improvements on the Property, and that the Village Manager is hereby authorized to execute the Access Easement 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 12th day of October , 2010. MAYOR ROBERT L. VERNON ATT CONCHITA H. ALVAREZ, MMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICI VILLAGE A 2 FI . : i F ti ACCESS EASEMENT THIS ACCESS EASEMENT (the "Easement") is made this 3O day of cf; f-vtAk 6- , 2010 by St. Michael Property Holdings Inc, a Florida corporation, whose address is 2828 S.W. 22nd Street, Suite 304, Miami, Florida 33145 ("Owner"), in favor of the Village of Key Biscayne, Florida, a Florida municipal corporation, whose address is 88 W. McIntyre Street, Key Biscayne, Florida 33149 (the "Village"). RECITALS: WHEREAS, Owner is the fee simple owner of certain real property located in Miami -Dade County, Florida, more particularly described on Schedule "A-1" attached hereto and made a part hereof (the "Owner Parcel"); and WHEREAS, Owner has agreed to grant to the Village certain access rights over, across, and under the Owner Parcel to the adjacent parking lot from the right of way. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the Village and Owner agree as follows: 1. Recitals. The parties acknowledge that the foregoing recitals are true and correct and hereby incorporated into this Easement as if fully set forth herein. 2. Access Easement. Owner does hereby grant and convey to the Village and its successors and assigns, a perpetual non-exclusive right of access, over, upon, across and through the Owner Parcel from the public right of way for golf cart and pedestrian ingress and egress. 3. Golf Cart Path. Owner hereby grants the Village full rights and authority to enter upon and excavate the Owner Parcel in order to install, construct, operate, relocate, replace, improve, remove, inspect, repair and maintain a paver or similar material golf cart path on the Owner Parcel. 4. Public Access. Owner expressly acknowledges and agrees that the general public shall have the right to use the Owner Parcel for golf cart and pedestrian ingress and egress from the public right of way to the adjacent parking lot. 5. Village Maintenance. The Village shall repair and maintain the Owner Parcel at its own cost and expense. 6. Indemnification. Subject to the provisions and monetary limitations of Section 768.28 (5), Florida Statutes, which limitations shall be applicable regardless of whether such provisions would otherwise apply, and to the extent permitted by law, the Village shall, at all times, indemnify, save, defend and keep the Owner free and harmless from any and all loss, cost, damage, liability or suit occasioned by any act of the Village arising out of or in connection with its exercise of its right and privileges to the Owner Parcel under this Easement. 1 7. No Obstruction of Traffic. Owner shall not cause or permit any obstruction to the free flow of golf cart and pedestrian traffic or use of the access rights granted herein, without the prior written consent of the Village. 8. Attorney's Fees. In the event a party institutes any legal action or proceedings for the enforcement of any right or obligation herein contained, the prevailing party shall be entitled to recover its cost and reasonable attorney's fees incurred in the preparation and prosecution of such action or proceeding. 9. Severability. Each provision of this Easement and the application thereof to the Owner Parcel are hereby declared to be independent of and severable from the remainder of this Easement. If any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Easement. In the event the validity or enforceability of any provision in this Easement is held to be dependent upon the existence of a specific legal description, the parties agree to promptly cause such legal description to be prepared. 10. Amendment or Termination. This Easement may be amended, modified or terminated only by a written instrument signed by both parties or their respective successors and assigns. 11. Governing Laws. The laws of the State of Florida shall govern the interpretation, validity, performance and enforcement of this Declaration. Venue for any action brought hereunder shall be proper exclusively in Miami -Dade County, Florida. 12. Successors and Assigns. The covenants, conditions and agreements contained in this Easement will inure to the benefit of and be binding upon the successors and assigns of Owner and the Village. 13. Waiver. No express or implied consent or waiver by a party to or of any breach or default by the other party in the performance by such other party of its obligations under this Easement will be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other obligations of such other party hereunder. Failure by a party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of how long such failure continues will not constitute a waiver by such party of its rights hereunder. The giving of consent by a party in any one instance will not limit or waive the necessity to obtain such party's consent in any future instance. 14. Authority to Execute. Owner warrants and represents to the Village that the individuals signing this Easement on behalf of Owner have full power and authority to execute and deliver the Easement and to bind Owner. 15. IN WITNESS WHEREOF, Owner and Village have executed hw asem utth'e day and year first above written. VILLAGE: OWNER: 2 VILLAGE: OF KEY BI AYNE, a Florida hunicipal corpo ation ST. MICHAEL PROPERTY HOLDINGS INC, a Florida corporation , By: f By: Gen: • "Chip" Iglesias, i ', ::e Mana:er Name: T`A 2\ at D nl CAK Date A Conchita Alvarez, Village Clerk Approved as to Form and Legal Sufficiency: age Attorney Vi 3 Title: S L,9 C, mink N /1 GE ;. Date Executed: /1 �`1 3o (c SCHEDULE A - 1 EASEMENT LEGAL DESCRIPTION A PORTION OF TRACT "B", OF "MacFARLAND ESTATES", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 91, PAGE 67, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF TRACT "B", OF "MacFARLAND ESTATES" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 91 AT PAGE 67, OF THE 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 N73°02'55"W; THENCE SOUTHWESTERLY 39.78 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°51'54" TO THE POINT OF BEGINNING OF A 11.00 FOOT WIDE INGRESS —EGRESS EASEMENT, LYING 5.50 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 S73°54'49"E FOR A DISTANCE OF 7.30 FEET TO THE POINT OF TERMINATION. CONTAINING 80.27 sq. ft. MORE OR LESS DATE: 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 SKETCH AND LEGAL DESCRIPTION FOR A 6 FOOT WIDE INGRESS- EGRESS EASEMENT DRAWN BY SCALE: JOB No. L.B. No. 7335 06-08-10 LRT N/A 1005-00032-001 SHEET: 3 of 4 SKETCH TO ACCOMPANY LEGAL DESCRIPTION Y LEGEND: Pf3 PC Ct :m Ce O� It, POIN OF BEG qB -DENOTES CENTERL NE -DENOTES PRO'ER'r U'[ =DENOTES PLAT BCOK =DENOTES PAGE. ob141 J (15 ,ta NOR T HR! Y LiNE O; i;rH Li LA•S1 5 POINT OF COMMENCEMENT NW CORNER OF TRACT "B" "MACFARLAND LSTATES" (P.B. 91 - PG. 67) S7 3'54'49"E 7.30' (RADIAL) CONCRETE POINT OF TERMINATION TRACT "B" (P. B. 91 - PG. 67) 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 SKETCH AND LEGAL DESCRIPTION FOR A 6 FOOT WIDE INGRESS- EGRESS EASEMENT DATE: L.B. No. 7335 06-08-10 DRAWN BY SCALE: JOB No. 1 SHEET: LRT 111=10' 1005-00032-001 4 of 4 SURVEYOR'S SURVEYOR'S NOTES AND CERTIFICATE of No. 6313 NOTES: but only a bearing shown the centerline and the original Additions signing party or party or parties. restrictions not shown Records of this will have to be this property. performed to the creation of other type of for. is to encompass GRAPHIC DEPICTION of the hereon are based on an assumed of Fernwood Road, a well established raised seal of a Florida or deletions to survey maps or parties is prohibited without on this Sketch (Sc Legal that County. Examination of made to determine recorded determine if there are any conflicts the easements, Right —of —Ways, encumbrances that the herein a INGRESS —EGRESS EASEMENT. and belief that this drawing AND LEGAL DESCRIPTION, in accordance with the Administrative Code, pursuant EDUARDO M. SUAREZ, P.S.M. Professional Surveyor and Mapper State of Florida, Registration 1) This is not a Boundary Survey, description shown hereon. 2) North arrow direction and meridian of SOUTH, along monumented line. 3) Not valid without the signature Licensed Surveyor and Mapper. reports by other than the written consent of the signing 4) There may be additional may be found in the Public the ABSTRACT OF TITLE instruments, if any affecting 5) No title research has been existing or arising out of Parcel Descriptions, or any described legal may be utilized 6) The intent of this description SURVEYOR'S CERTIFICATE: I hereby certify to the best of my knowledge is a true and correct representation of the SKETCH the real property described hereon. I further certify that this survey was prepared applicable provisions of Chapter 5J-17.05 Florida to Section 472.027 Florida Statutes. Date: May 26, 2010 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 AN INGRESS -EGRESS EASEMENT DATE: DRAWN BY SCALE: JOB No. SHEET: 05-26-10 LRT N/A 1005-00033-001 2 of 4 ketriove S5.5' V✓ide Section; of i xistinq CBS ✓✓oll. Construct i2 "x8" Reinforced Concrete lie. Column at Edge of Widened Opening (Tie Into L x. is t ing Tie Beam and CCONCRETE7 Footing) - EXIST C.B.S. EXIST HEDGE EXIST GRAS EXIST 4.9' CONCRETE SIDEWALK Line up North Edge of Apron With Centerline of New 6' Wall Op en in g EXIST 21.5' ASPHALT PAVEMENT New 6' -opening • 11 Remove Existing Concrete and Hedge in this Area, and Pour New 6" Con c. Slab with 6x5 or 7.4x1.4 wwm. -se,- HEDGE Me MD C.B.S. WALL HEDGE EXIST 9.5' PARKWAY 2 i" Concrete Unit Pavers on 6" L inn ero c. k Base (l.8R40) and t ublized Subgrade j '. %