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HomeMy Public PortalAbout1998 Sovereing Submerged Lands Easementecae & aging r to WEISS SEROTA HEIFMAN PASTORIZA & GUEDES P A 2665 South Bayshore Drive Suite 420 Miami Florida 53133 MTh' DPv.©„+oa.?r&Jdl2 This Instrument Prepared By Cher King Submerged Lands Section Bureau of Land Management Services 3900 Commonwealth Boulevard Mail Station No 125 Tallahassee Flonda 32399 NO 29917 BOT FILE NO 130027915 THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Flonda hereinafter referred to as the Grantor WITNESSETH That for the faithful and timely performance of and compliance with the terms and conditions stated herein the Grantor does hereby grant to Village of Key Biscayne hereinafter referred to as the Grantee a nonexclusive easement on under and across the sovereign lands if any contained in the following legal description g I EU47PC22I 2 98P 153 189 199R AFr (13 19 32 DOOSTPDEE 0 a" SLIRTX tl 45 HARVEY RUVINr t.LERK DADE COUNTY' FL BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGN SUBMERGED LANDS EASEMENT A parcel of submerged land m Section 05 Township 55 South, Range 42 East, m Hurricane Harbor, Dade County as is more particularly described and shown on Attachment A dated August 22, 1997 TO HAVE THE USE OF the heremabos e descrroea p erfises fro"' Mach 12, 1997 the effective date of this easement The terms and conditions of and for which this easement is granted are as follows 1 USE OF PROPERTY The above described parcel of land shall be used solely for public transportation purposes only by or under the supervision of the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION or such local governmental entity having maintenance responsibihty Grantee shall not engage m any activity except as described in the South Flonda Water Management Distract Standard General Environmental Resource Permit No 960312 12 and permit modification number 13 01003 P dated March 12, 1997 incorporated herein and made a part of this easement by reference 2 AUTOMATIC TERMINATION This easement shall automatically terminate when in the opmion of Grantor the easement is not utilized for the purposes authonzed Any costs or expenses incurred by Grantor m removing Grantee or its property from the easement area shall be paid by Grantee 3 WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND Grantor neither warrants title to the lands descnbed herem nor guarantees the suitability of any of the lands for any particular use 4 RIGHTS GRANTED The rights hereby granted shall be subject to any and all pnor rights of the United States and any and all prior grants by the Grantor m and to the submerged lands situated within the limits of bs en'n 5 DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS Grantee shall not damage the easement lands or unduly mterfere with public or private nghts therein. 6 GRANTOR S RIGHT TO GRANT COIVIRATD3LE 'USES OF TnE EASEMENT' PROPERTY This easement is nonexclusive and the Grantor or its duly authorized agent shall retain the nght to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the nght to grant compatible uses of the property to third parties during the term of this easement [41] RED 1804/82213 7 RIGHT TO INSPECT Grantor or its duly authonzed agent shall have the nght at any time to inspect the works and operations of the Grantee in any matter pertarnmg to this easement 8 RIGHT TO TERMINATE Should a need of greater public benefit and use anse as determined by Grantor in its sole discretion the Grantor shall have the nght to terminate this easement At such time the Grantor shall issue wntten notification IQ the Grantee stating the effective date of such termination 9 RESOLUTION OF ANY INEQUI I IBS Any inequities that may subsequently arise as a result of this easement shall be subject to negotiation upon written request of either party hereto and the parties agree to negotiate m good faith In case of failure by the respective staffs to resolve the conflict(s) the matter shall be referred to the Grantor for final resolution 10 INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS The Grantee shall investigate all claims of every nature at its expense Each party is responsible for all personal mjury and property damage attributable to the neghgent acts or omissions of that party and the officers employees and agents thereof Nothing herein shall be construed as an indenmrty or a waiver of sovereign immunity enjoyed by any party hereto as provided in Section 768 28 Florida Statutes as amended from time to time or any other law providing limitations on claims 11 ASSIGNMENT OF EASEMENT This easement shall not be assigned or otherwise transferred without pnor wntten consent of the Grantor or its duly authonzed agent and which consent shall not be unreasonably withheld Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect 12 TAXES AND ASSESSMENTS The Grantee shall assume all responsibility for habihties that accrue to the subject property or to the improvements thereon including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder 13 CESSATION OF AUTHORIZATION/REMOVAL OF STRUCTURES Upon termination of this easement all authonzahon granted shall cease and ternunate and Grantee shall remove all facilities and related structures erected at its expense 14 ENFORCEMENT OF PROVISIONS No failure or successive failures on the part of the Grantor to enforce any provision nor any waiver or successive waivers on its part of any provision herein shall operate as a discharge thereof or render the same inoperative or moan the nght of the Grantor to enforce the same upon any renewal thereof or m the event of subsequent breach or brc—.te 15 RECORDATION OF EASEMENT The Grantee at its own expense shall record this fully executed easement in its entirety rn the pubhc records of the county within which the easement site is located within fourteen (14) days after receipt and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its entirety which contams the OR Book and pages at which the easement is recorded 16 AMENDMENTS/MODIFICATIONS This easement is the entire and only agreement between the parties Its provisions are not severable Any amendment or modification to this easement must be in wntrng and must be accepted, acknowledged and executed by the Grantee and Grantor 17 ACOE AUTHORIZATION Pnor to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U S Army Corps of Engineers (COE) permit if it is required by the COE Any modifications to the construction and/or activities authonzed herem that may be required by the COE shall require consideration by and the pnor wntten approval of the Grantor pnor to the commencement of construction and/or any activities on sovereign, submerged lands 18 ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS No addrtional structures shall be erected and/or activities urdertaken includmg but not limited to dredging relocation/reahgnment or major repairs or renovations made to authonzed structures on, in or over sovereignty submerged lands without the pnor wntten consent of the Grantor with the exception of emergency repairs Unless specifically authonzed m wntmg by the Grantor sr. h aativ'hes or structures hall be consiaerea unautnonzea ana a violation of Chapter 253 Flonda Statutes and shall subject the Grantee to adnumstrative fines under Chapter 18 14 Honda Admrnistmttve Code If emergency repairs are required to be undertaken m the interests of public health, safety or welfare the Grantee shall notify the Grantor of such repairs as quickly as is practicable provided however that such emergency activities shall not exceed the activities authorized by this easement Page 2 of 7 Pages Easement No 29917 RErc 1E 41PC22 14 19 UPLAND RIPARIAN PROPERTY INTEREST Dunng the tern of this easement Grantee pursuant to section 18 21 009 Flonda Administrative Code must either be the record owner of the riparian upland property or have the written consent of the npanan upland property owner(s) to conduct the activity described m this easement If at any time dung the teen of this easement Grantee fails to comply with this requirement this easement shall terminate and title to this easement shall revert to and vest m the Grantor immediately and automatically Page 3 of 7 Pages Easement No 29917 REC I EN -1122i 5 ATTEST Tony Bums Assistant Secretary of the Governing Board of the South Honda Water Management Distnct _ 3,a3 ON /( Th WI BY BY��{s Ongmal Signature LIE to PE -31 EG r+ Typed/Pnnted Name of Witness ON 31 a3'9 STATE OF FL� al COUNTY OF °d'4 The foregoing instrument was witnessed and acknowledged before me this cc} `s`P day of MCGt - 1998, by Frank Williamson, Jr , Chairman of the Governing Board of South Flonda Water Management District Rho is personally known to me BOARD OF TRUS LEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AL) Frank Williamson Jr Chairman South Flonda Water Management Disluct, as agent for the Board of Trustees of the Internal Improvement Trust Fund f the State of Honda voeee L�RQ 0 s? evp. k1/4 9 e e� 6, nAZ Cps ,s ! tic c0 h APPROVED AS TO FORM AND LEGALITY ✓� Pdfif-r DEP Attorney WITNES O : final : • I . •c' Typed/Pnnted Name of ss Ongmal Signature A r.n•5nA n Pt pine? Typed/Pnnted Name of Witness STATE OFD„ /'� .. . COUNTY OF B Notary Pj ic State of Flonda Printed, Typed or Stamped Name My Commission Expires NRecer e2S /9557 Coinmrssron/Senal No Cr 9,15-70 John Festa Typed/Printed Name of Executing Aut1wfi an w. ELIZABETH PACKER MY COMMISSION # CC439743 EXPIRES Mayor Title of Executing Authority The foregomg instrument was acknowledged before me this /6 day of oy John Festa as Mayor for and onbehalf of Village of Key Biscayne He is personally kno , as identification GRANTEE f My Commission Expires Commission/Serial No Page 4 of 7 Pages FasementNo 29917 NotaryPubhc Slate of rip Qlb 4 Carolyn P Greavea MY COMMISSION # CC487847 EXPIRES October 14 1999 BON OT NSIA 1C., NO k���������qq�� 2551999 kw" FRPi It4F,IVPANCE,INC talatccanw RPI October 14 1999 BONGED MAU TROY AN 1 SUPANCE INi, W w CRP M m 0 `l r rt fD M d O V • rt t 1 1C PUWP JSE SURVEY }SECTION 5 TOWNSHIP 55 S RANGE 42 E E f 20 LOT 17 BLL©CD 11 LOT 22 ELME 08 50 / PG 61d BISCAYNE KEY ESTATES' LOT 1 re 78 / PG 831 ' SMUGGLERS COVE" v LOT 1 I3L CB 2 IPB 68 / PG 81 'CAPE FLORIDA SUBDIVISION' 4 Kz- 4) s °s- 54, kOrt 4 !. . ro. >'� ' �i FOR VILLAGE (II KEY ��Hit�' Y_ Re FL DA 1101. Or Le PA OFF PLC i 4712217 FT Attachment A ` t Page 6 of 7 Pages Easement No 29917 ET O R D E R S } p---TE The feeen or rrrrtaag, g or prrefq a sti 14ecto-He ibis Sc ment wheh-reeetr ct frfr 4Th — N I8Q4E PC22I 8 .,j fi t Wait Kat N 11, if Area I _ iron p o Light Igg I. st 1 :� - 3 1 1 / y !( fight ��� p. r I 1! 1� _ I FL ry 9 1' � vzstsagoO CR`O�VE+a 5 W HEATHER OR (! �s ' i ' love( Fai _ m ;asslcaaca j 6 Goon Heliport P �--., s — T. - S ... 3 , ) ) • rS mHarbor � a II, w''o 1. / Pornf 1� 70 Tidal 4 1 Flat Lighto • 1 OR 1 Humane Hint& _may. `` �9 \ Southwest —n 1 gi Point 9, e S 4 Lighto fl 12 �15 Cr ' 9Tjr 5 s i k T J: �^ r SITE SI 1 E GSM '�"-- 6 AINEs CA NAL•_� b (7 THE G L.A t'e y� tP ' 10 1t4NC --____---- i Vo Name-- ��r 7 I Tidal Flat Coral c Haroor O V Shoat 1 �� 2 a' 7 // i 911 1 �\ �S t i oRadwTower \ 8 9 s \ s c \ 7, P/ 1k .n Z" X 1 t r,„ h < �� \ N".<100J 'til r j9ciY� / c 5 1 -J O\� B„ _ 1 BM � „ Cafe Flon a ''.9 ,4 A r Coat Shoal o i C 5 Old Lighthouse e Honda 1 a ----....../ %%N. \ ' � �/ 7...„.„---6 \ j � WSJ 1 1 oUgh \ FIIGURE 1 ` aYkkl y $ i , Project Location Carney Environmental Consulting Services Inc 6435 SW 85 Street Miami Honda 33143 West Mashta Drive Bridge Village of Key Biscayne Dade County Honda Project 960701a July 22, 1996 achment A e 7 of, 7 Pages cement Trio 29917