HomeMy Public PortalAbout2018 EasementE-RECORDED simprifire.
THIS INSTRUMENT PREPARED BY
AND AFTER RECORDING RETURNED TO:ID:
Lillian M. Arango, Esq.
Weiss SerotaHelfman Cole & Bierman, P. L.
2525 P once de Leon Boulevard, Suite 700
Coral Gables, Florida 33134
(305) 854-0800
C.ountyr
I'lme R:)lnm
Parcel ID No. 24-4232-002-0260
For Recording Purposes 0nly
DRAINAGE EASEMENT AGREEMENT
THIS DRAINAGE EASEMENT AGREEMENT (the "Agreement") is made ,ttú{^V "t
having an address at 14 Harbor Point Drive, Key Biscayne, Florida 33149 (hereinafter refened to as
the "GRANTOR"), and VILLAGE OF KEY BISCAYNE, a Florida municipal corporation, and
its successors and./or assigns, having an address at 88 W. Mclntyre Street, Key Biscayne, Florida
33149 (hereinafter referred to as the "GRANTEE").
RECI TALS:
1. GRANTOR owns fee simple title to certain real property located at 14 Hatbor Point
Drive in the Village of Key Biscayne, Florida in Miami-Dade County, Florida, as more particularly
described in Exhibit ".L" attached hereto and made aparthereof ("Property").
2. GRANTEE will install drainage facilities on a portion of the Property as legally
described and depicted in Exhibit "8" attached hereto and made a part hereof (the "Drainage
Easemenf'), including an outfall pipe and all equipment and appurtenances related thereto for the
pu{pose of drainage to Biscayne Bay (the "Drainage Facilities").
3. GRANTOR desires to grant certain easement rights in the Drainage Easement to
GRANTEE for drainage/stormwater purposes, as well as ingress and egress in, over, under, upon
and through the Property, for the purpose of installing, constructing, maintaining, repairing and
replacing the Drainage Facilities, subject to the terms and conditions hereinafter set forth.
NOW, TIIEREFORE, for and in consideration of the premises and the sum of TEN AND
NO/l00 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufüciency
of which is hereby acknowledged, the parties hereto do hereby agree as follows:
1. Recitals. The parties acknowledge that the foregoing recitals are true and
correct and hereby incorporated into this Agreement as if fully set forth herein.
Date¡
2. Grant of Drainage Easement. GRANTOR does hereby grant and convey to the
GRANTEE, a perpetual easement for drainage/stormwater pu{poses over, under, and across the
Drainage Easement as more particularly described in Exhibit "8" attached hereto, with full rights
and authority to enter upon and excavate the Drainage Easement in order to install, construct
reconstruct, operate, replace, improve, remove, inspect, repair and maintain such Drainage
Facilities, as well as ingress and egress in, over, under, upon and through the Properly for such
purposes. Notwithstanding the foregoing, except in the event of an emergency where immediate
entry and access to the Property is prudent or necessary, GRANTEE shall provide reasonable notice
(forty-eight (48) hours' notice) to GRANTOR prior to entering and accessing the Property in
connection with the rights granted herein.
3. Installation" and Maintenance of Drainage Facilities. All outfalls, pipes, drains,
and other appurtenances and facilities for which the Drainage Easement has been created shall be
constructed, installed and thereafter maintained by GRANTEE. GRANTEE agrees, at its sole cost
and expense, to repair and maintain the Drainage Facilities located on the Drainage Easement. All
maintenance, repairs and restorations shall be at GRANTEE's sole expense.
GRANTEE agrees to provide GRANTOR all engineering construction drawings for its
review and approval prior to the installation of the Drainage Easement. GRANTOR shall have ten
(10) days upon receipt of such drawings to review, comment on and/or approve s¿rne, failing which
the drawings shall be deemed approved.
GRANTEE further agrees to provide GRANTOR with an emergency contact that can be
reached at arry time in the event of an emergency, and to use best efforts to immediately respond to
make any repairs and prevent damage to persons or property.
Subject to applicable liability andlor property damage insurance policies provided by
GRANTEE and/or GRANTEE'S contractor performing any work on the Drainage Easement,
GRANTEE is responsible for all damages caused to the Drainage Easement caused by or
occasioned by the GRANTEE'S or Contractor's negligent actions during the installation,
maintenance or repair of the Drainage Easement, except arty damages resulting from, arising out
of, or incurred in connection with any acts or omissions, including intentional and negligent acts,
of GRANTOR, or any of its officers, guests, invitees, employees, agents and contractors.
4. Maintenance" Improvements and Restoration. GRANTO R, and its successors
and assigns, agree not to build, construct or create, or permit others to install, build, construct or
qeate any new buildings, structures or other obstructions on the Drainage Easement that may
damage the Drainage Facilities or interfere with the operation, maintenance, repair and/or
replacement of the Drainage Facilities and the Drainage Easement rights of excavation and ingress
and egress set forth herein. GRANTEE shall use reasonable efforts to minimize any impacts to
GRANTOR's use and ongoing activities on the Property in exercising its rights hereunder.
5. Relocation. GRANTOR and GRANTEE agreethat GRANTOR has the right, in its
reasonable discretion, to relocate the Drainage Easement to another location on its Property in the
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38V332305
event that the Property is sold or redeveloped. GRANTEE shall be responsible for an amount not to
exceed $125,000 ("Maximum Relocation Expense") for the first relocation of the Drainage
Easement. GRANTOR shall be responsible for any additional costs and expenses of the first
relocation exceeding the Maximum Relocation Expense, and for all costs and expenses associated
with any subsequent relocation(s) of the Drainage Easement. GRANTOR agrees not to relocate the
Drainage Easement for the first three (3) years following the initial installation of the Drainage
Easement, as evidenced by the date of final approval by the GRANTEE of the Drainage Easement.
Any relocation of the Drainage Easement shall be to another location on the Property reasonably
acceptable to the GRANTEE and capable of serving the drainage/stormwater requirements and the
pu{poses of this Agreement.
6. Indemnifîcation. S ubject to the provisions and monetary limitations of
Section 768.28(5), Florida Statutes, as amended from time to time. which limitations shall be
applicable regardless of whether such provisions would otherwise apply, and to the extent
permitted by law, GRANTEE agrees to defend and indemnify GRANTOR and hold GRANTOR
harmless against any damages to persons or pîoperty, including claims brought by third parties,
arising out of or in connection with GRANTEE'S construction, maintenance, and use of the
Drainage Easement, the exercise of any other rights of GRANTEE under this Agreement, or
failure by GRANTEE to perform any of its obligations under this Agreement, except any
damages resulting from, arising out of, or incurred in connection with any acts or omissions,
including intentional and negligent acts, of GRANTOR, or any of its officers, guests, invitees,
employees, agents and contractors. For purposes of this indemnification, the term "damages"
includes all costs and expenses, including Attomey's Fees and Costs, which are incurred by
GRANTOR in connection with the indemnification claim. Notwithstanding the foregoing,
nothing contained in this Agreement will be construed to affect or waive in any way
GRANTEE'S rights, privileges, and sovereign immunities, including the provisions and
monetary limitations of Section 768.28(5), Florida Statutes, which immunities and limitations
shall be applicable regardless of whether such provisions would otherwise apply.
7. Expansion or Intensification. This Drainage Easement does not grant any right for
the GRANTEE to expand or intensify the Drainage Easement without the express written consent of
the GRANTOR.
8. Good Faith. GRANTOR is executing this Drainage Easement in favor of the
GRANTEE, and as such, it is impossible for the parties to determine all future impacts that may
occur as a result of this Easement, including, but not limited to, GRANTOR'S right to sell or
redevelop the Property. As such, GRANTEE agrees to use reasonable efforts and good faith to
work with GRANTOR to resolve any future impacts not specifically identified in this Drainage
Easement, atthe sole cost and expense of GRANTOR.
9. General Provisions
9.1 Amendment or Termination. This Agreement may be amended,
modified or terminated only by a written instrument signed by both parties or their respective
J
38V33230s
successors and assigns, which instrument will only become effective be recorded in the Public
Records of Miami-Dade County, Florida.
9.2 Attornev's Fees and Costs. In this Agreement, all references to
Attorney's Fees and Costs shall include all reasonable fees charged by an attomey for his
services and the services of any paralegals, legal assistants or law clerks, including (but not
limited to) fees charged for representation at the trial level, in all appeals, and in any bankruptcy
proceeding, together with all costs incurred. The parties agree that in the event of any mediation,
arbitration or court proceeding for the enforcement, defense, or interpretation of either party's
rights under this Agreement, the prevailing party shall be entitled to recover its Attorneys' Fees
and Costs.
9.3 Construction of Agreement. Should any provisions of this Agreement
require interpretation in any judicial, administrative or other proceeding or circumstance, it is
agreed that the court, administrative body, or other entity interpreting or construing the same
shall not apply a presumption that the terms thereof shall be more strictly construed against one
party by reason of the rule of construction that a document is to be construed more strictly
against the party who prepared the sarne, it being further agreed that both parties hereto have
fully participated in the negotiation and preparation of this Agreement.
9.4 Covenants Running with the Land. All of the covenants and easements
herein will be perpetual and will constitute covenants running with the title to the Property, will be
binding upon any and all persons and entities, their respective successor in or interesting and to all
or a portion of the Property.
9.5 Entire Agreement. This Agreement sets forth the entire agreement
between GRANTEE and GRANTOR with respect to the easements granted in this Agreement.
This Agreement supersedes all prior and contemporaneous negotiations, understandings and
agreements, written or oral, between the parties.
9.6 Governing Law. This Agreement will be interpreted and enforced in
accordance with Florida law. Venue for any actions arising out of this Agreement will be in
Miami-Dade County, Florida.
9.7 Notices. Any notice, request, demand, instruction or other communication
to be given to either GRANTEE or GRANTOR will be in writing and will either be (a) hand-
delivered, (b) sent by Federal Express or a comparable ovemight mail service, (c) mailed by U.S.
registered or certified mail, retum receipt requested, postage prepaid, or (d) sent by telephone
facsimile transmission, with transmission confirmed and with an original copy of the
transmission mailed by regular mail, to GRANTEE and GRANTOR at the following addresses:
Notices to GRANTEE:
Village of Key Biscayne
88 W. Mclntvre Street
4
38V332305
Key Biscayne, Florida 33149
Attention: Village Manager
Telephone: (305) 365-5514
Facsimile: (305) 365-8936
With a copy to:
Weiss Serota Helfman Cole & Bierman, P. L
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, Florida 33134
Attention: Village Attorney
Telephone: 3 05-854-0800
Facsimile: 305-854-2323
Notices to GRANTOR:
Casa Macabi LLC
14 Harbor Point Drive
Key Biscayne, Florida 33149Telephone:_
Facsimile:
Notice is effective upon delivery or refusal of delivery of notice. The addressees and
addresses for notice may be changed by giving notice. Until written notice of a change in
address is delivered, the last addressee and address stated in this Agreement continues in effect
for all purposes.
9.8 Section and Paragraph Headings. The section and paragraph headings
contained in this Agreement are for purposes of identification only and are not to be considered
in construing this Agreement.
9.9 Severability. If any clause or provision of this Agreement is determined
to be illegal, invalid or unenforceable under any present or future law by final judgment of a
court of competent jurisdiction, the remainder of this Agreement will not be affected thereby. It
is the intention of the parties that if any such provision is held to be illegal, invalid or
unenforceable, there will be added in lieu thereof alegal, valid and enforceable provision that is
as similar as possible in terms to the illegal, invalid or unenforceable provision, which is agreed
to by both parties.
9.10 Successors and Assigns. The covenants, conditions and agreements
contained in this Agreement will inure to the benefit of and be binding upon the successors and
assigns of GRANTEE and GRANTOR.
9.ll 'Waiver. No express or implied consent or waiver by a party to or of any
breach or default by the other party in the performance by such other party of its obligations
under this Agreement will be deemed or construed to be a consent or waiver to or of any other
breach or default in the performance by such other party of the same or any other obligations of
5
38V33230s
such other party hereunder. Failure by a party b complain of any act or failure to act of the other
party or to declare the other party in default, irrespective of how long such failure continues will
not constitute a waiver by such party of its rights hereunder. The giving of consent by a party in
any one instance will not limit or waive the necessity to obtain such party's consent in any future
instance.
10. Authority to Execute. GRANTEE and GRANTOR each warrant and represent
to the other that the individuals signing this Agreement on behalf of GRANTEE and
GRANTOR, respectively, have full power and authority to execute and deliver the Agreement
and to bind the respective party hereto.
ITHE REST OF THIS PAGE LEFT INTENTIONALLY BLANK;
SIGNATURE PAGES TO FOLLLOV/]
6
38V33230s
IN \ilITNESS \ilHEREOF, the parties hereto have caused these presents to be executed by
its duly authorized officer or representative as of the day and year first above written.
\ilITNESSES: (as to both signatures) GRANTOR:
CASA LLC, ^ Florida limited
PrintName:
Lo
By:
Name:Lorido
Executed on l&lu lt .2018I
STATE OF FLOzuDA )
)SS.
couNTY oF MLA.MI-DADE )
The foregoing instrument was acknowledged before me this lþauy ot
2018, by Andres Garcia and Marivi Lorido Garcia, as Managers, of CASA MACABI )a
Florida limited liability company, on behalf of the company, who (check one) [, ] is/are personally
known to me or [ ] who has/have produced Florida Driver's AS
IsEAL]
TEO
t
By
#ATTE HUBER
MY COUiltSStON I FF235468
EXPIRES I'lry 28, 2019
r 39ô{
PrintN
Commission Expires:
7
38V332305
GRANTEE:
VILLAGE OF KEY BISCAYNE, a Florida
municipal corporation
By
Name
Title: Mayor
f
Executed on JrJ*t /-b .2olg
ATTEST:
Approved as to form and legal sufficiency
for the use and reliance of Village of Key Biscayne:
Village
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this JrtÏUu,
4 Iof J¿ l-t
2018, by Ha¡r¿¿ Q. Lì n¿\æt4 o âS t-ll¡tAoQ- , of the Village ot' fey
Biscayne, a Floriha municipal corporatidn, on behalf of thet corporation, who (check one) ffi is
personally known to me or [ ] who has produced Florida Driver's License as identification.
N PUBLI C,S RIDA
Print Ò
Commission
SS
)
)
)
8
ffi MYRIAM RESTREPO
MY COMMISSION # GGI3I789
EXPIRES: October 18, 2021
38v332305
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EXHIBIT "A'
LEGAL DESCRIPTION OF PROPERTY
THAT PORTON OF THE SOUTH lOO FEET OF THE NORTH 3OO FEEI AS MEASURED AT RIGHTANGLES
TO THE NORTH LINE OF TRACT 13 OF THE SUBDIVISION OF A PORTON OF MATHESON ESTATE PLAT
BOOK 46, PAGE 86, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WHICH LIES EAST
OF THE CENTER LÏNE OF THE PRIVATE RIGHT-OF-WAY DESCRIBED IN DEED BOOK 3786, AT PAGE
L76, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND THE FOLLOWING DESCRIBED
TRACT OF I-AND: BEGIN AT A POINT ON THE CENTER LINE OF THE PRIVATE RIGHT-OF-WAY
DESCRIBED IN DEED BOOK 3786, PAGE 176, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, WHICH IS LOCATED 310 FEET SOUTH OF MEASURED AT RIGHT ANGLES TO THE NORTH
LINE
oF TRACT 13, OF THE SUBDIVISION OF A PORTION OF MATHESON ESTATE, PLAT BOOK 46, PAGE 86,
OFTHE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH B4o 46'33" EAST FOR
A DISTANCE OF 165 FEET, MORE OR LESS, TO THE HIGH TIDE LINE OF HURRICANE HARBOR AS THE
SAME IS SHOWN ON THE SAID SUBDIVISION OF MATHESON ESTATE AND A POINT WHICH IS 325
FEETSOUTH OF, MEASUREDAT RIGHTANGLESTOTHE NORTH LINE OFTRACT 13, OF SAID
MATHESON ESTATE SUBDIVISION; THENCE NORTHEASTERLY, MEANDERING THE HIGH TIDE LINE OF
HURRICANE HARBOR FOR A DISTANCE OF 27 FEET, MORE OR LESS, TO A POINT WHICH IS LOCATED
3OO FEEÏ SOUTH OF, MEASURED AT RIGHTANGLES TO THE NORTH LINE OF THE SAID TRACT 13;
ÏHENCE DUE WEST PARALLELTO THE NORTH LINE OF THE SAID TRACT 13 FOR A DISTANCE OF 181
FEEI MORE
OR LESS, TO THE INTERSECTION THEREOF WITH THE CENTER LINE OF THE SAID PRIVATE RIGHT-
OF- WAY, TOGEÏHER WITH RIPARIAN RIGHTS APPURTENANTTHERETO.
LESS AND EXCEPT
BEGIN ATTHE POINT OF BEGINNING OF THE AFORESAID DESCRIBED PARCEL; THENCE RUN NORTH
22O 05' OO' EAST ALONG THE CENTER LINE OF THE 25 FOOT WIDE EASEMENT FOR A DISTANCE OF
22.87 FÊEf TO A POINT; THENCE RUN SOUTH 67055' EAST AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE FOR A DISTANCE OF 63.32 FEET TO THE POINT OF INTERSECTION WITH
THE NORTHERLY BOUNDARY OF THE AFORESAID DESCRIBED PARCEL; THENCE RUN NORTH B4O
46' 33" WESTALONG THE LAST DESCRIBED LINE FOR A DISTANCE OF 67.32 FEETTO THE POINT
OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THE SAME BEING SUBJECTTO AN
EASEMENT OVER AND ACROSS THE WEST 12.50 FEET THEREOF.
Parcel ID Number : 24-4232-A02-0260
alklal4 Harbor Point Drive, Key Biscayne, Florida 33149
EXHIBIT "B'
DRAINAGE EASEMENT
Certain real propefy located in Miami-Dade County, Florida more particularly described in
the attached sketch and legal description.
38V33230s
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SKETCH OF DESCRIPTION
(NOT A BOUNDARY SURVEY)
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PG PAGE
LEGAL DESCRIPTION DRAINAGE EASEMENT:
A PORTION OF THE SOUTH 1OO FEET OF THE NORTH 3OO FEET AS MEASURED AT RIGHT ANGLES TO
THE NORTH LINE OF TRACT 13, OF SUBDIVISION OF A PORTION OF MATHESON ESTATE, KEY
BISCAYNE, DADE COUNry, FLORIDA; ACCORDING TO THE PLAT THEREOF, AS RECORDED lN PLAT
BOOK 46, AT PAGE 86, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WHICH LIES
EAST OF THE CENTER LINE OF THE PRIVATE RIGHT OF WAY ROAD DESCRIBED IN DEED BOOK 3786,
PAGE 176, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
MORE PARTICULARLY DESCRIBED AS:
COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF HARBOR POINT, A PRIVATE RIGHT OF
WAY ROAD DESCRIBED IN DEED BOOK 3786, PAGE 176, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; AND THE NORTH LINE OF THE SOUTH lOO FEET OF THE NORTH 3OO FEET OF SAID
TRACT 13, THENCE RUN EAST, FOR A DISTANCE OF 12.53 FEET TO A POINT ON THE EAST LINE OF
HARBOR POINT, A PRIVATE RIGHT OF WAY ROAD; THENCE RUN 500"11'51'W ALONG SAID EAST LINE,
FOR A DISTANCE OF 7.44 FEET; THENCE RUN S21.53'09"W, FOR A DISTANCE OF 8.OO FEET TO THE
POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE, RUN N80.55'12'E, FOR A DISTANCE OF
88.25 FEET; THENCE RUN S89"40'57'E, FOR A DISTANCE OF 69.60 FEET TO THE HIGH TIDE LINE OF
HURRICANE HARBOR, AS THE SAME IS SHOWN ON SAID PLAT OF MATHESON ESTATE; THENCE RUN
500"11'51"E, FOR A DISTANCE OF 4.45 FEET; THENCE RUN Sl3'21'39'W, FOR A DISTANCE OF 5.71 FEET;
THENCE RUN S89'40'57'W, FOR A DISTANCE OF 67.47 FEET; THENCE RUN S80'55'12"W, FOR A
DISTANCE OF 93.48 FEET TO A POINT ON SAID EAST LINE OF HARBOR POINT; THENCE RUN
N21'53'09'E, FOR A DISTANCE OF 11.66 FEET TO THE POINT OF BEGINNING.
CONTAINING I,600 SQUARE FEET OR 0.038 ACRES, MORE OR LESS
1. THERE MAY BE EASEMENTS AND RESTRICTIONS OF RECORDS AND/OR PRIVATE AGREEMENTS NOT FURNISHED
TO THIS SURVEYOR THAT MAYAFFECT PROPERTY RIGHTS AND/OR LAND USE RIGHTS OF THE LANDS SHOWN
HEREON,2. NO UNDERGROUND INSTALLATIONS, FOUNDATION FOOTINGS OR IMPROVEMENTS HAVE BEEN LOCATED
EXCEPT AS NOTED.3. DESCRIPTION PRÊPARED BYTETRATECH, INC.4. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
SURVEYOR'S NOTES:
PROFESSIONAL
SURVEYOR AND iIAPPÈR
FLORIDA REGISTRATION #5364
TETRA TËCH - LB #26
E. JENIKINS
Project No.: 200-15760-14003
06-1 9-201 IDate:
Designed By: NB / LEJ
TETRA TECH.lf
www.tetratech.com
14 HARBOR POINT
KEY BISCAYNE, FL 33149
201 EAST PINE STREET, SUITE IOOO
ORLANDO, FL 32801
PHONE: 407.839.3955 FAX: 407.839.3790
DRAINAGE EASEMENT
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