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HomeMy Public PortalAbout1996-14 Bus stop right-of-way, East Heather Drive/Crandon Blvd.RESOLUTION NO. 96-14 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 A BUS STOP FOR THE VILLAGE AND PUBLIC LOCATED ON THE SOUTHEAST CORNER OF EAST HEATHER DRIVE AND CRANDON BOULEVARD; 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 a bus stop for the Village and public located on the southeast corner of East Heather Drive and Crandon Boulevard, 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. AF1'ES GUIDO H. II 3UANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY: 72-pAISA �S VILL E ATTORNEY 2 This instrument prepared by, and after recording return to: Name: Gary A. Saul, Esq. Address" Greenberg, Traung, Hoffman, Lipoff, Rosen & Quentel, P.A. 1221 Brickell Avenue Miami, Florida 33131-3261 (Space reserved for Cleric of Court) GRANT OF EASEMENT KNOW ALL MEN BY THESEIRESENTS 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 33144, hereby grants, conveys, bargains and sells to Grantee, or its Permitted Successor (as defined in Paragraph 6 hereof), for the use of the 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 and to Grantee, its invitees, agents, employees, guests, lessees and licensees, including, without limitation, Grantor, its officers, employees, agents and contractors, a non-exclusive area for a bus stop for persons to assemble for a temporary period either to obtain access to, or upon being discharged from, a vehicle providing public transportation, whether provided by Grantee or any governmental agency. 2. Grantee, or its Permitted Successor, as applicable, agrees that it: (a) shall make the Easement Parcel available for use by the public generally, (b) shall restrict the use thereof to the permitted use set -orth in paragraph 1 above, (c) shall not, except only as rr.av be c errnit : b\ taragraph 6 below, construct or ur7.- 7a�erT1 nt 7,arcei anv bui3dings, structures or other improvements, (d) shall not place advertisements and/or other civic or private promotional matter, nor permit the placement of same, upon any improvements constructed upon the Easement Parcel, and (e) notwithstanding any initial construction obligations of Grantor as set forth in paragraph 6 below, shall, at its sole cost and expense, restore, maintain and repair, any improvements constructed thereon, in a first class condition, 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 constructed 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 improvements constructed on 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 and/or to improve the Easement Parcel pursuant to this Grant of Easement, 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: a pavement surface of materials similar to that used by the Grantee for the balance of the sidewalk pavement on 3 that block of Crandon Boulevard. Upon the Easement Parcel, Grantor shall construct a transient shelter of a size and design reasonably acceptable to the Grantee, said acceptance by the Grantee not to be unreasonably withheld or delayed. In lieu of the foregoing obligation of Grantor to construct a shelter, Grantor may at any time pay to the Grantee the sum of Twelve Thousand and No/100 Dollars ($12,000.00) and thereafter be fully relieved and released from any obligation hereunder to erect a structure upon the Easement Parcel. 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, whether by construction or payment in lieu thereof as permitted herein (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. In the event that Grantor satisfies its obligations under this paragraph 6 by payment of the $12,000.00 in lieu of constructing the shelter on the Easement Parcel, then, provided that Grantee has delivered a duly executed Completion Notice to Grantor, Grantee shall be permitted to construct upon the Easement Parcel, a single transient bus shelter of a size and design reasonably acceptable to the Grantor, said acceptance by Grantor not to be unreasonably withheld or delayed. 7. 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 4 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 eucceeeor 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. 8. 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 ter= 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. 9. Upon prior written request of either party, the other party hereto shall furnish the requesting party an estoppel certificate reasonably eatisfactory:to the requesting party. 10. 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 aeeigne, 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 aseigne, the rights herein reserved to Grantor, its successors and assigns notwithstanding such conveyance. 5 CO 11. 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 partnr 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 044 day of = rt-t , 1996. Witnessed by: • Name: Name: AWL KEY ASSOCIATES, a Florida general partnership By: W/L KEY CORP., a Florida corporation. General Partner BY= Name: Title: DOUGLAS WEISER President (Corporate Seal) Sic csn r r S�4 cir� Address: 3250 Mary Street Miami, FL 33133 By: ALPHA HOLDINGS, INC., a Florida corporation,eeral PartZier By: Name: " RALPH E. DESENS Title: President (Corporate Seal) Address: gg 6ncreff f4 tx e cir1'e 9 S 14411k/I FL 33131 VILLAGE OF KEY BISCAYNE, a Florida municipal corporation By: Name: C. Sam Ki singer Title: Village nager STATE OF FLORIDA ) ) ss: COUNTY OF DADE ) The foregoing instrument was acknowledged before me this 9,e 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 or produced as identificatio 1 ' OFFICIAL NOTARY SFAS, JUDITH L KREGG N' ITARY PUBLIC STATE OF FLORID COMMISSION NO. CC466486 MY COtiLM SION EXP. JUNE 17,1999 Notary Public, State of Florida My commission expires:tj(iofc. /11 1 1991 Commission No. eC l g< STATE OF FLORIDA ) ss: COUNTY OF DADE The foregoing instrument was acknowledged before me this 3'L day of Prrh-k. , 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 knnwn_tr mP or produced as identification. My commission expires: Name Notaery Public, State of Florida Comiiiission No. PIERO:SALUSSOLTA `.TOaA ����rd My Comm Exp. 9/19!99 P i � (11puBLic J). Bonded By Service Ins No. CC496515 �1 STATE OF FLORIDA ) ss: COUNTY OF DADE The foregoing instrument was acknowledged before me thisl_ 1996 by C. SAM KISSINGER, as Village Manager of VI.faGE OF KEY BISCAYNE, a Florida munici al corporation, on behalf of said corporation. she i ersona1 rp wn to rii-d or produced as identification. day of My commission expires: 423043.04 1 Mme: Notary P ic, State of Florida Commission No. \PaY P(o8 OFFICIAL NOTARY SEAL 0 T) _ . Tai WOO H INOUANZO JR ;; * COMMISSION NUMBER -t < CC357097 7,F I MY COMMISSION EXP. Ot Fk9 APR. 30,1998 8 N orthweste rly corner Tract "C" Piot Book . Page 14_=5. 15.. '1 N 8 H '5 (RADIAL) N 83' 47' 55- w (R4D1k) o = 01-12.57- R 1885.00' L=40.00' SEE D ETAIL BELO W 63. 50. 63. J (o uo A=0 3012_ R= 46., L= •0. 16' _ •T19'4. R - 1146.37 L - 146.63' 60. U ss? 0. _6 STf 89'26'59' W I25.12' N 89'26' 59' E -J 0 0 Qs S 7 040.. 14tC LOT 1 f 6 25.00• ADik P. B. 50 J co W Pg. 87 LOT 7 0 Q P. B. 50 Cf Pg. 87 LOT 13 I LOT I S 89'26'59" W EAST S 89'26 59' 25.17' SEA GRAPE CIRCLE BUS SHELTER 'a.m.,- " EASE EN 48'45 175. 0 148.9 N 89' 26'59" E 179.69' N 89'26'59' E 179.69' • =28' 29'04- R=236. 74' 10=117.70' LOT 2 OULEVA ,n LOT 3 L - G A E N j S 0 4 14 BL P.B. 00K 5(; Pg. 87 LOT 13 I LOT 14 I 958. 62' I -I E A T I --I E 904. 16' ,o . • 7 • Northerly bourdary Tine TRACT "C' one southerly right—of—way ine of F TURTLE W ALK ACT "A" GRAND BAY RESORT AND RESIDENCES PLAT BOOK 147 PAGE 23 I0 0 0. 0I B0LOCK 4 4 P.B. 50 et Pg 67 LOT t3 I LOT 14 I INGRESS. EGRESS AND UTILITY EASEMENT N 89'26'59" E 25.00' 1 25.12' 1 RADIAL 1 I 1' — LI = 01'12'57" .92 ACRES ii - R = 1885 .00'______. .. ..92 1 25.17' L = 40.00' L__ -_J S 89'26'59" W LOT 4 LOT 5 PLAT BOOK 1- 78.1 PAGE 91 D 1 V U 4 J h 0 1 BLOCK 5 I 4 P.B. 50 Pg. 87 LOT 7 I D QI I_V E _ ^ 1999.86' TRACT "D" ID GRAND BAY RESORT AND RESIDENCES PLAT BOOK 147 PAGE 23 S 89'26'59" W vi co = 01'11'59" = 1910.00' = 39.99' DETAIL OF BUS SHELTER EASEMENT SCALE: 1' = 50' 1342.00 LOT 6 E LOT 7 L_ 690 .89' g I N 89'26'59' E o j 210 .00' N 0033'01" W 77 .19' L A = 178'31 '27" R 95.00' L = 296 .00' TRACT 'B' GRAND BAY RESORT AND RESIDENCES PLAT BOOK 147 PAGE 23 N N GRAPHIC SCALE 0 150 300 ( IN FEET ) 1 inch = 150 ft. (D 0) Lob 1 _II d 0) O 0)O (D 196A-004 DESCRIPTION LL O v ( n.Q A 960094SD N N 1 LEGAL DESCRIPTION: BUS SHELTER EASEMENT A bus shelter easement over and across a portion of Tract "C", GB VILLAS, according to the Plat thereof as recorded in Plat Book , Page of the Public Records of Dade County, Florida, being more paticularly described as follows: Begin at the northwest corner of said TRACT "C" of GB VILLAS; thence N 89'26'59" E, along the northerly boundary line of said Tract "C" , for a distance of 25.12 feet, said line also being the southerly right—of—way line of East Heather Drive, to a point on a circular curve, concave to the West and whose radius point bears N 85'05'15', W; thence southerly along a 1,910.00 foot radius curve leading to the right through a central angle of 01'11'59' for an arc of 39.99 feet, this last course also being parallel lo and 25 feet easterly of the East right—of—way line of Crandon Boulevard; thence S 89'26'59" W for 25.17 feet to a point on the said easterly right—of—way line of Crandon Boulevard; being, on o circular curve, concave to the West and whose radius point bears N 83'47'56 W; thence northerly along said right—of—way line, being a 1,885.00 foot radius curve leading to the left, through a central angle of 01'12'57 for an arc of 40.00 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: — This site lies in Section 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 South right—of—way line of East Heather Drive, said bearing is identical with the plat 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. — Lands shown hereon containing 1,000 square feet, or 0.0230 acres, more or less. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on January 24, 1996, and meets the Minimum Technical Standards as set forth by the Florida Boa - .f Professional Lond Surveyors in Chapter 61G17-6, Florida Administrative •de, pursuant to Section 472.027, Florida Statutes. FORTIN, LEAVY, S 8v• Daniel C. Fortin, For The Firm Professional Land Surveyor No. 2853 State of Florida "NOT VALID UNLESS SEALED" r Drawn By PAH Cad. No. 960094SD Ref. Dwp. 147/73 SKETCH OF DESCRIPTION FORTIN, L EA YY, SKJLES, INC. CONSULTING ENGINEERS & LAND SURVEYORS Icafe 1/24/96 .�.k 1" = 150' ✓ob. No. 960094 Dw,' N., 1nn nn• "f". 180 Northeast 168th. ,Strut / Mirth A "i,--• "- • • •