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
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d
0)
O
0)O
(D
196A-004
DESCRIPTION
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A
960094SD
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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,--• "- • • •