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
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�'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
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TOTAL P.03