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HomeMy Public PortalAbout1996-13 Beach access right-of-way, East Heather DriveRESOLUTION NO. 96-13 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING THE GRANT OF EASEMENT FROM AWL KEY ASSOCIATES TO THE VILLAGE FOR THE PURPOSE OF PROVIDING ACCESS FOR THE VILLAGE AND PUBLIC FROM EAST HEATHER DRIVE TO THE PUBLIC BEACH ABUTTING THE ATLANTIC OCEAN; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE GRANT OF EASEMENT ON BEHALF OF THE VILLAGE; AUTHORIZING THE VILLAGE CLERK TO RECORD THE GRANT OF EASEMENT IN THE PUBLIC RECORDS OF DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in connection with the development of the Grand Bay Resort and Residences project, AWL Key Associates wishes to grant an easement to the Village for the purpose of providing access for the Village and public from East Heather Drive to the public beach abutting the Atlantic Ocean, as set forth in the Grant of Easement attached to this Resolution; and WHEREAS, the Village wishes to accept the Grant of Easement; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the Grant of Easement is hereby accepted by the Village. Section 2. That the Village Manager is hereby authorized to execute the Grant of Easement on behalf of the Village. Section 3. That the Village Clerk is hereby authorized to record the Grant of Easement in the Public Records of Dade County, Florida. Section 4. Effective Date. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 14th day of May , 1996. ATTEST: DO H. INGXJANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY: RIC J. WEISS, VILLAGE ATTORNEY 2 This instrument prepared by, and after recording retum to: Name: Gary A. Saul, Esq. Address: Greenberg, Traurig, Hoffman, Upoff, Rosen & Quentel, PA. 1221 Brickell Avenue Miami, Florida 33131-3261 (Space reserved for Clerk of Court) GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT: AWL KEY ASSOCIATES, a Florida general partnership ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid to Grantor by the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation ("Grantee") , the mailing address of which is 85 W. McIntyre Street, Key Biscayne, Florida 33149, hereby grants, conveys, bargains and sells to Grantee, or its Permitted Successor (as defined in Paragraph 8 hereof), for the use of public generally and such persons as shall from time to time be designated by Grantee, a permanent, irrevocable non-exclusive easement, for the purposes herein expressed, over and across that certain parcel of real property (the "Easement Parcel") situated in Dade County, Florida and more particularly described in Exhibit "A" annexed hereto and hereby made a part hereof. TO HAVE AND TO HOLD the easement hereby granted unto Grantee, and its Permitted Successor, upon and subject to the following terms, conditions and reservations: 1. The easement hereby granted shall be for the sole purposes of providing to the public generally, to the owners from time to time of Tract E in Grand Bay Resort and Residences according to the Plat thereof recorded in Plat Book 147, Page 23 of the Public Records of Dade County, Florida (as same may be replatted from time to time, the "Plat") and to Grantee, its invitees, agents, employees, guests, lessees and licensees, including, without limitation, Grantor, its officers, employees, agents and contractors, a non-exclusive way of passage, and access to, and reasonable use of, the Easement Parcel for pedestrian access from East Heather Drive to the public beach abutting the Atlantic Ocean. agrees 1 - - mak_ 2. Grar 4ree, -1r its Permitt,%td "ucceS,jn - as applicable, c: v ... -- aa.:J1t' •1, 11 use by the public generally, (b) shall restrict the use thereof to the permitted use set forth in paragraph 1 above, (c) shall not, except to the extent permitted by paragraph 7 below, construct or permit to be constructed upon the Easement Parcel any buildings, structures or other improvements, and (d) notwithstanding any initial construction obligations of Grantor as set forth in paragraph 6 belcw, shall, at Grantee's sole cost and expense, restore, maintain and repair, the Easement Parcel in a first class condition comparable to the remainder of Grantor's property; and Grantor, its successors and assigns, shall have no restoration, maintenance, repair or replacement obligations with respect to the Easement Parcel, except as set forth in paragraph 4 below. 3. To the fullest extent permitted by applicable law, Grantee, and its Permitted Successor, shall indemnify and hold harmless Grantor, its successors and assigns, from and against any and all costs, expenses, losses, claims or damages, including without limitation, reasonable attorneys' fees and disbursements at the trial level and all levels of appeal, relating to death of or injury to persons, or loss of or damage to property, and resulting from, arising out of, or incurred in connection with, use of the Easement Parcel by the public generally or by Grantee, or its. Permitted Successor and their respective invitees, agents, employees, guests, lessees or licensees in connection with the easement herein granted or the use of the Easement Parcel; provided, however, that in no event shall Grantee be obligated in respect of third party claims for amounts in excess of those limits to waiver of sovereign immunity provided for under Florida Statute § 768.28 (or any successor statute thereto) or in respect of claims resulting from the intentional or negligent acts of Grantor, its officers, invitees, employees, agents or contractors. 4. Grantor reserves unto itself, its successors and assigns, the perpetual right and privilege of: (a) Unrestricted access to, over, across and in the Easement Parcel for purposes consistent with the use of the Easement Parcel as contemplated in this Grant of Easement and provided such uses do not materially interfere with the continuous use of the Easement Parcel as permitted herein by Grantee, or its Permitted Successor and its invitees, agents, employees, guests, lessees and licensees; and (b) Using and occupying, and granting to others the right to use and occupy: (i) Subject to the provisions of Paragraph 5 hereof, the subsurface of the Easement Parcel for any utility or drainage installations or other uses or purposes which do not materially interfere with the non-exclusive rights herein granted to Grantee, or its Permitted Successor and its authorized invitees, agents, employees, guests, lessees and licensees, including, without limitation, the right to construct, install, maintain and operate therein electrical, telephone, telegraph, telecommunication, gas, gasoline, sewer, water, and drainage fixtures, related equipment and facilities and the foundation and footings of and/or anchors for adjacent improvements; and (ii) The use and occupancy reserved herein shall include the right (but not the obligation) to reconstruct, decorate or otherwise enhance the appearance of any landscaping and site improvements located on the Easement Parcel at any time and from time to time, at Grantor's, its successors' and assigns', cost and expense, provided such construction, decorations and enhancements are reasonably acceptable to Grantee. Grantor, its successors and assigns, shall, at its cost and expense, maintain and repair any of the items it shall construct or install or direct to be constucted or installed by third parties on or under the Easement Parcel pursuant to the provisions of this paragraph 4 as well as restore any of the improvements so constructed on the Easement Parcel to their original condition in the event such are removed or damaged during construction; provided, however, that notwithstanding anything herein contained to the contrary, this paragraph 4 shall not be construed or deemed to relieve Grantee, or its Permitted Successor, as applicable, of its obligations to restore, repair and maintain the Easement Parcel strictly in accordance with the provisions of this Grant of Easement. 5. The parties agree that in connection with each of their respective rights to install and maintain utilities in the subsurface of the Easement Parcel, each party (a) shall notify the other of its intention to install, repair or otherwise maintain such utilities and/or improvements, (b) shall cooperate fully with the other party and take such steps as may be necessary to insure that any such installation, maintenance or repair of said utilities will not interfere with the use or functioning of existing utilities, (c) shall, to the extent feasible, integrate any proposed installation, maintenance or repair with any proposed work of a similar nature by the other party, and (d) shall not unreasonably interfere with the use of the Easement Parcel by the other party as permitted under this Grant of Easement. 6. Grantor, or its successors or assigns, shall, at Grantor's sole cost and expense, construct, or cause to be constructed, upon the Easement Parcel the following improvements: 3 a five foot (5') wide asphalt pavement surface aligned against the southern edge of the Easement Parcel, and, upon the balance of the Easement Parcel, such landscaping as is reasonably in accordance with landscaping on other similar rights of way maintained by Grantee. Along the southern edge of the Easement Parcel, a six foot (6') high chain link fence shall be installed running the entire length of the Easement Parcel, and upon the northern edge of the Easement Parcel, a six foot (6') high chain link fence shall be installed running from the current easternmost edge of East Heather Drive to the easternmost point of the Easement Parcel. The grade of the Easement Parcel will be made to follow the current grading of the balance of Tract D of the Plat. Grantee shall, within ten (10) business days following request therefor by Grantor, confirm in writing, in an instrument provided by Grantor and reasonably acceptable to Grantee, which may be recorded among the Public ,Records of Dade County, Florida, Grantor's completion of Grantor's improvement obligations set forth in this paragraph 6 (a "Completion Notice"), and upon the recordation of any such Completion Notice, all persons shall be deemed to be able to conclusively rely thereon that the obligations of Grantor under this paragraph 6 have been fully complied with in accordance with the terms hereof. 7. Grantor acknowledges and agrees that Grantee has caused to be constructed on East Heather Drive a pump station which encroaches onto the Easement Parcel by approximately thirty one - one hundredths of a foot (0.31'), as depicted on the sketch of survey attached hereto and made a part hereof as Exhibit "B". Grantee does hereby demise and release unto Grantor any and all right, title or interest which Grantee may now or hereafter acquire in and to the portion of the Easement Parcel upon which the encroachment is maintained. Grantor hereby grants an exclusive easement to Grantee for the maintenance of the encroachment on the portion of the Easement Parcel currently encumbered by the encroachment for so long as the encroachment shall exist and Grantor agrees that Grantee shall not be required to remove the encroachment so long as the existing encroachment remains. 8. This Grant of Easement shall inure to the benefit of and be binding upon Grantor, and its successors and assigns, except that Grantor or such successor or assignee, as the case may be, shall be released of all future obligations hereunder upon conveyance of its interest in the property encumbered hereby or the transfer of the obligations hereunder to an association governing portions of the adjacent property; provided, however, that any such transferee of Grantor or its successor or assignee, as the case may be, shall be bound by all such future terms and conditions of this Grant of Easement. For purposes of this Grant of Easement, Grantor shall only be permitted to assign Grantor's rights hereunder to (and Grantor's successors shall only include) successor developer(s) of the development parcels located adjacent to the Easement Parcel and/or association(s) designated with the responsibility of maintenance of common areas in connection with the development of such adjacent development parcels. An assignment of Grantor's rights hereunder shall only be effective if a specific written assignment (including an acceptance by the successor developer and/or association) is recorded in the Public Records of Dade County, Florida. This Grant of Easement shall be binding upon Grantee, its Permitted Successor, and inure to the benefit of Grantee and its Permitted Successor. Grantee shall not be permitted to assign, transfer or convey all or any part of its interests in the Easement Parcel or under this Grant of Easement, except to a successor municipal corporation or governmental entity, such successor municipal corporation or governmental entity being herein referred to as a "Permitted Successor"; provided, however, that nothing herein shall be deemed a limitation on Grantee's or a Permitted Successor's right to permit its invitees, agents, employees, guests, lessees and licensees and the public to use the Easement Parcel in accordance with the terms of this Grant of Easement. 9. In the event of a default hereunder, the non -defaulting party shall be entitled to seek all remedies available at law or in equity, except for rescission, revocation or termination of this Grant of Easement. In the event of litigation arising out of the terms of this Grant of Easement or the use of the Easement Parcel, the prevailing party will be entitled to reasonable attorneys' fees and disbursements at the trial level and all levels of appeal. 10. Upon prior written request of either party, the other party hereto shall furnish the requesting party an estoppel certificate reasonably satisfactory to the requesting party. 11. Grantor, its successors and assigns, shall have the right, but not the obligation, to convey fee title to the Easement Parcel to Grantee, or its Permitted Successor, at any time and from time to time, and if Grantor, its successors or assigns, shall elect to do so, Grantee, and its Permitted Successor, hereby agrees that (i) the rear yard requirement for the parcel of land initially encumbered by this Grant of Easement shall remain the same, as if the fee title to the Easement Parcel had not been so conveyed, (ii) Grantee, or its Permitted Successor, shall accept such conveyance, subject to Grantor's compliance with applicable statutory requirements and pursuant to documentation reasonably satisfactory to Grantee's attorney and (iii) Grantor shall have the right to reserve to itself, its successors and assigns, the rights herein reserved to dftntor, its successors and assigns notwithstanding such conveyance. 12. Grantor represents and warrants to Grantee that (a) AWL Key Associates is a general partnership duly formed under the laws of the State of Florida; (b) W/L Key Corp. is one of its general partners and is a corporation duly formed under the laws of the State of Florida; (c) Alpha Holdings, Inc. is the other general partner and is a corporation duly formed under the laws of the State of Florida; and (d) the Grantor has the authority to enter into an deliver this Grant of Easement and such has been authorized by all requisite partnership and corporate action. IN WITNESS WHEREOF, Grantor and Grantee have caused this Grant of Easement to be executed in its name by its undersigned duly authorized officers and its corporate seal to be hereunto affixed, this 2,r,-, day of , 1996. Witnessed by: ‘W4 - Name: [ (Set j -k ecri c� AWL KEY ASSOCIATES, a Florida general partnership By: W/L KEY CORP., a Florida corporation. General Partner By: Name: DO) LAS{ WE I SER Title: President (Corporate Seal) Address: 3250 Mary Street Miami, FL 33133 By: ALPHA HOLDINGS, INC., a Florida corporation, i ral Partner By: ame: oeg G6E2 Name: RALPH/E. DESEN Title: President (Corporate Seal) Address: g i-K 'P_Lxtf Sw!zz 5c W/PH/, FL 33131 6 /•D g• /Nam /1 /-..‘ u ^.2v �'C£ I t1 N L/ti /MA-/ Lc' • N c 4 STATE OF FLORIDA SS: COUNTY OF DADE VILLAGE OF KEY BISCAYNE, a Florida municipal corporation /.1 By: Name: C. Sam Kis anger Title: Village Ma ager The foregoing instrument was acknowledged before me this ' O' day of April, 1996 by DOUGLAS WEISER, as President of W/L KEY CORP., a Florida corporation, General Partner of AWL KEY ASSOCIATES, a Florida general partnership, on behalf of said corporation and partnership. He/she is personally known to me produced identif.cation_ OFFICIAL NOTARY SEAL JUDITH L KREGG NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC466486 MY COMMISSION EXP. JUNE 17,1999 My commission expires: JUikt l'7) 141 Job/ 46;(4 Notary Public, State of Florida Commission No. CSC 11606'116 or as 7 STATE OF FLORIDA ) ss: COUNTY OF DADE The foregoing instrument was acknowledged before me this ell day of April, 1996 by RALPH E. DESENS, as President of ALPHA HOLDINGS, INC., a Florida corporation, General Partner of AWL KEY ASSOCIATES, a Florida general partnership, on behalf of said corporation and partnership. He/she is personally known to me or produced as identification. My commission expires: JTAR PUBLIC PIERO SALUSSOLIA 0 Bonded By Service Ins No. CC496515 1j rc,ossUy Kum* ((amt 9 STATE OF FLORIDA ) ss: COUNTY OF DADE Name: Notary ic, State of Florida Commiss on No. The foregoing instrument was acknowledged before day of May , 1996 by C. SAM KISSINGER, as Village VILLAGE OF KEY BISCAYNE, a Florida municipal c of said corporation and partnership. she me or produced as identification. My commission expires: 427789.05 ame: Notary tblic, State of Florida Cnmmi��ion No. personally known me this Manager of behalf to \PaY ALB OFPiCsA& NOTARY SEAL z , ,��0GUIOON+NowNzoJR A * COMMON NUMBER CC357097 41, • OTC M MI Y cOMSS1oN EXp. OF FL APR. 30,1998 8 Exhibit "A" LEGAL DESCRIPTION: The North 10 feet Tract "D" of GRAND BAY RESORT AND RESIDENCES according to the Plat thereof as recorded in Plat Book 147 at page 23 of the Public Records of Dade County, Florida Less the West 100.00 feet thereof. SURVEYOR'S NOTES: — This site lies in Section 4 and 5, Township 55 South, Range 42 East, Dade County, Florida. — Bearings hereon are referred to an assumed value of N 89'26'59" E for the North line of Tract "D", said bearing is identical with the plot of record. — Lands shown hereon were not abstracted for easements and/or rights —of —way of records. — This is not a "Land Survey" but only a graphic depiction of the description shown hereon. Easement shown hereon containing 9,955 square feet, or 0.2285 acres, more or less. — Legal description shown hereon based on information furnished by client. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was mode under my responsible charge on February 21, 1996, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Land Surveyors in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. FORTIN, LEAVY, FILES/ INC. B e,.. .....e' Daniel C. Fortin, For The Firm Professional Land Surveyor No. 2853 State of Florida "NOT VALID UNLESS SEALED" alrawa Br. REP 10' EASEMENT ON TRACT 'D'1 Cad NW 960244 FORTS LEA V1 KILE INC. J, 960244 lief. Dom: None 1' =200' DateFebruary 21. 1996 i 1 1 I , 11 LOT 12 1 LOT 11 I 4°C-5439-101-- BLOCK 4 I o' 87 Q& P9 87 —i'1 14 LOT 13 I LOT 14 jF _eAAT 64 ATWU- DR Ve WEST LINE OF so n IQ 81.00C 5 1 LOT 6 b 737a so PC' 87 NORTH LINE OF TRACTLIT "D" 7 N 8526'59' E 1095.70' TRACT 6 VA 1CS0N ESTATES PAC PLAT BOOK 46. E 86 10.00' — '3'i' 995.21' GRAND BAY RESORT AND RESIDENCES PLAT BOOK TRACT1"0 1 o.00• TRACT ' D ' PLAT BOOK 147. PAGE 23 PACE 23 � - S 8526'59' W TRACT "E" ;RAND BAY RESORT! AND RESIDENCES 'LAT BOOK 147, PAGE 23 I 1 690.89' TRACT B S 00'33'01' E� 57.33' S 89'26'59" W 100.00' TRACT "C' 1 1 0 GRAND BAY RESORT AND RESIDENCES PLAT BOOK 147. PAGE 23 GRAND BAY RESORT AND RESIDENCES PLAT BOOK 147. PAGE 23 TRACT "A'N— ?AND BAY RESORT AND RESIDENCES PLAT BOOK 147. PAGE 23 LOT 7 1 LOT8 1 LOT9 PLAT eclat 76. PACE 191 _1 —1 A L e N DRIVE I I 1 _OT 7 LOT 8 I LOT 9 ( LOT 10 I PLAT BOOB 76. PACE 91 1 Or 1 GRAPHIC SCALE 100 200 400 0 0!#1111=11111 ( IN FEET ) 1 inch = 200 ft. TRACT "A" REPLAY Of TRACT 'A' Of RUTGERS SUBDIVISION PLAT BOOK 77. PACE 6 1 10.01' z Q NJ 0 0 man By: REP ,d Na: 960244 Daps None 10' EASEMENT ON TRACT 'D' FOR TIN L EA V; SKIJSIS INC. CONSULTING ENGINEERS f. A ND STIRVEYORS I d/. •I__.,L - - - ...w.. . . . • 1Date February 21. 1996 Bade 1" =200' Job.1Na 960244 DLL Na 196A-012 ft, V V '! / V V '! M r v r r V V .111 v•Vs VVVV VIV UOVV PRIIPERTY LINE OF TRACT 'D' 0.31' 0.0' X 10.0' CONCRETE STRUCTURE C SOLID LINE •1 ss s4wf1� • iM ma. JTr ! IMUniiC I a 40' NO. 7.113.4 Pct 32 N-0333 ALM •a a •a • OIL/ WATER SEPARATEk Z 0.50' X0.0' X 10.0' CONCRETE L C DASHED LINE PUMP BOX slow= or OIL srpsaaso l • pump a'SV T.SaR Amp. aX Z A ENGone ^-TOLTON 8c S9OCLL99 INC. LAND vu� G "MS% reeeflAeggalie2 1 1 • • se�•�~ . A ' •�� • •• •_ 11.. �. y ..� .� • � .. ••• .. /..... = =MONS ..._!: TOTAL P.03