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Home My Public Portal About2023-60 Approving and accepting a stormwater drainage easement agreement with Nicolas Molina relating to 425 West Mashta DriveRE S O L U T IO N N O . 2023 -6 0 A RE S O L U T IO N O F T H E V IL L A G E C O UN C IL O F T H E V IL L A G E O F K E Y B IS C A Y N E , F L O RI D A , A P P R O V IN G A N D A C C E P T IN G A ST O RM W A T E R D RA IN A G E E A S E M E N T A G RE E M E N T W IT H N IC O L A S M O L IN A RE L A T IN G T O T H E P R O P E R T Y L O C A T E D A T 42 5 W E S T M A S H T A D RI V E ; P R O V ID IN G F O R A U T H O RI Z A T IO N ; A N D P R O V ID IN G F O R A N E F F E C T IV E D A T E. W H E RE A S , the Village of Key Biscayne ("Village") may grant Floor Area Ratio ("FAR") bonus incentives for stormwater management as provided in Section 30-42 of the Village Code of Ordinances (the "Village Code"); and WHEREAS, Nicolas Molina (the "Grantor"), owner of a property located at 425 West Mashta Drive (the "Property"), desires to utilize the FAR bonus incentives; and WHEREAS, in consideration of the Property receiving the FAR bonus incentives, the Village is granted a stormwater drainage easement on the Property; and WHEREAS, the Grantor has voluntarily agreed to grant the Village a stormwater drainage easement entitled "Drainage Easement Agreement" (the "Easement") on the Property; and WHEREAS, the Village Council desires to approve and accept the Easement, m substantially the same form attached hereto as Exhibit "A"; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted, confirmed and incorporated herein. 1 Sect ion 2. E asem ent A pproved and A ccepted. Subject to the approval of the Easement by the Grantor, the Village Council hereby approves and accepts the Easement, in substantially the form attached hereto as Exhibit "A." Section 3. A uthoriz ation. The Village Manager is hereby authorized to execute the Easement, in substantially the form attached hereto as Exhibit "A" and take any and all steps necessary to implement the intent and purpose of this Resolution. Sec tion 4. adoption. E ffective D ate. This Resolution shall be effective immediately upon PASSED and ADOPTED this 10th day of October , 2023. JOE I. RASCO, MAYOR ATTEST: J~B.KH VILLAGE CLERK WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORN EY 2 CFN 20240210706 BOOK 34140 PAGE 4913 DATE:03/19/2024 11 :26:49 AM JUAN FERNANDEZ-BARQUIN CLERK OF THE COURT & COMPTROL LER MIAMI-DADE COUNTY, FL Prepared by and return to: Chad S. Friedman, Esq. Weiss Serota Helfman Cole + Bierman. P /, 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, Florida 33134 Folio Number: 24-5205-001-3430 DRAINAGE EASEMENT AGREEMENT This DRAINAGE EASEMENT AGREEMENT ("Agreement") between Nicolas Molina, whose address is 425 West Mashta Drive, Key Biscayne, Florida 33149 ("Grantor"), and the Village of Key Biscayne, Florida, a municipal corporation, whose address is 88 West McIntyre Street, Key Biscayne, Florida 33149 ("Grantee"), is entered into and effective as of the date this Agreement is accepted by Grantee. Grantor and Grantee are hereinafter referred to collectively as the "Parties," and individually referred to as a "Party." RECITALS Grantor is the owner of the Property, as defined in Section 2, located at 425 West Mashta Drive, Key Biscayne, Florida 33149; Gran tor desires to utilize the Floor Area Ratio (FAR) bonus incentives for stormwater management as provided for in Section 30-42 of the Village of Key Biscayne Code of Ordinances; Grantee desires to accept a stormwater easement and grant the FAR bonus as provided for in Section 30-42 of the Village of Key Biscayne Code of Ordinances; and Grantor is willing to grant such an easement, as specifically defined in Section 3, to Grantee pursuant to this Agreement. EASEMENT NOW, THEREFORE, for and in consideration of the mutual terms and conditions contained herein, and the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby declare as follows: I . Recitals. The recitals set forth above are true, accurate, and fully incorporated by reference herein. 2. Description of Property. Grantor is the owner of that certain real property, as more particularly described in the deed recorded on June 10, 2021, in Official Records Book 32583, Page 3367, or the Public Records of Miami-Dade County, Florida ("Property"). 3. Grant of Easement. Grantor hereby grants to Grantee, its licensees, agents, independent contractors, successors and assigns, an unrestricted and perpetual non-exclusive drainage easement on, over, under, across, and through a portion of the Property, as more particularly described CFN: 20240210706 BOOK 34140 PAGE 4914 on Exhibit A, attached hereto and made a part hereof, together with any incidental or necessary appurtenances thereto ("Easement Area"), for the installation, operation, maintenance, repair, and replacement of drainage structures that serve the drainage, retention, and outflow of surface water ("Easement"). 4. Use of Easement Area. The grant of said Easement, as described herein, shall be limited to the right (i) of ingress, egress, and access on, over, under, across, and through the Easement Area; and (ii) to install, operate, maintain, repair, and replace drainage structures and appurtenant equipment within the Easement Area for drainage, retention, and outflow of surface water. 5. Grantor's Use of Property. Grantor retains the right to engage in any activities on, over, under, across, or through the Easement Arca and shall, for its own purposes, utilize the Property in any manner that does not unreasonably interfere with the Easement. 6. Amendments. This Agreement may be amended, altered, or modified only by written agreement between the Parties, or their heirs, assigns, or successors-in-interest, which shall be recorded in the Public Records of Miami-Dade County, Florida 7. Prior Agreements. This Agreement represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The Parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 8. Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Eleventh Judicial Circuit in Miami-Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either Party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HA VE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTTON. 9. Binding Effect. This Agreement shall run with the land, and shall be binding upon and inure lo the benefit of the Parties hereto and their respective heirs, executors, administrators, successors, and assigns. l 0. Incorporation by Reference. Attached Exhibit A is incorporated into and made a part of this Agreement. 2 CFN: 20240210706 BOOK 34140 PAGE 4915 11. Representation of Authority. Each individual executing this Agreemenl on behalf of a Party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 12. Recording. Grantee, at its own expense, shall record this fully executed Easement in its entirety in the Public Records of Miami-Dade County, Florida. IN WITNESS WHEREOF, the undersigned has signed and sealed this Instrument on the respective date under its signature: Nicolas Molina, signing as Property owner, and the Village of Key Biscayne, signing by and through its Mayor, authorized to execute same by the Village Council action on the I 0th day of October 2023 (Agenda Item #8E). [EXECUTION PAGES FOLLOW] 3 CFN: 20240210706 BOOK 34140 PAGE 4916 EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting only one agreement. GRANTEE: VILLAGE OF KEY BISCAYNE, a Florida 17unjci,¢}1l .l,9:f,Jjoration \/,' I r//l ''f.1/i// // /t Ii' -~ /J ·v/ ,, -i J.//; I/'/' '\, By: U ,. i-- ---=·~-----··-·· .. ··•-•"·-' Steven C. Williamson, Village Manager Executed on ,w\~ I I , 2024 ATTEST: Approved as to form and legal sufficiency for the use and reliance of the Village of Key Bis~~ Weiss Scrota Helfman Cole & Bierman, PL Village Attorney STA TE OF FLORIDA ) )SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by means of_!___ physical presence or _ online notarization, this !!_ day of ~l! , 2024, by STEVEN C. WILLIAMSON as Village Manager of the Village of Key Biscayne on behalf of the Florida municipal corporation. He is personally known .15___ or produced as form of identification. otaryublicforti:tate of Florida 5oc.e\~A B. 'r<oc.h Name Type, rint or Stamped • • • } I • ~· '"'\ .::-, ;). t) =>-'-I My Commission expires: ~,,,,J~~~~~-"_...., ,__ __ 4 CFN: 20240210706 BOOK 34140 PAGE 4917 Signed, sealed and delivered in the presence of: By: Name: Nicolas Molina STATE OF FLORIDA COUNTY OF MIAMI-DADE ) )SS ) NOTARY PUB IC e xnortii y,tif Typed or Printed Name of Notary My Commission expires: Ogfo<gt!JiJ,):Y. Serial No., if any: Hf'·/-r-;oge(·Z:, • ,,•1 . .'~~ P~i·•, MARIA PARDO . (f~":t-.\ Notary P\Jblic • State of Flonda t.\W,ii commission # HH 408420 ···•., .. ~tr.:> My comm. Expires Aug 8, 2027 5 CFN: 20240210706 BOOK 34140 PAGE 4918 .,. JOJNDER BY MORTGAGE The undersigned JPMorgan Chase Bank, N.A., having its principal place of business at 780 Kansas Lane, Monroe, LA 71203, and Mortgagee under that certain Mortgage from Nicolas Molina, an unmarried man, 425 West Mashta Drive, Key Biscayne, Florida 33149 dated July 15, 2022 and recorded in Official Records Book 33300, Page 3024; CFN:20220582059 of Miami-Dade County, Florida covering all/or a portion of the property described in the foregoing agreement, does hereby acknowledge that the terms of this easement are and shalt be binding upon the undersigned and its successors in title. W itnesses: Witness: ~ ~ Print Name: _ Brenda R Davis JPMorgan Chase Bimk. N.A. By:c:: i{' :_.::> Print Name: /N<., P-11LWl.f ,-rrt Its: Vice President-Document Execution ST A TE OF LOUISIANA PARISH OF OUACIDT A - L _ . ,/ ~ngrid Whitty On r-t.UL..~·--':)~-• 2024, before me, appeared___ _ .to me personally known, who dhf-)say that she is the Vice President-Document Execution of JPMorgan Chase Bank, N.A. and that the instrument was signed on behalf of the corporation, by authority from its board of directors, and that she acknowledged the instrument to be the free act and deed of the corporation. -~~ ! __ EVA REES _,Notary Public LA Notary ID: _·a'1070 Eva. Reese Lifetime Commission U-1etime Commision fi'·,k)I2.1y Public: ID tl ·1 '.i070 MOLINA __ 7G85 ........... CFN: 20240210706 BOO K 34140 PAGE 4919 ,IOINDER BY MORTGAGE T he undersigned JP M organ C hase B ank, N .A ., having its principal place of business at 780 K ansas Lane, M o n ro e, LA 712 0 3, and M o rtgagee under that certain M o rtgage fr om N ico las M o lina, an unm arried m an, 425 W est M ashta D rive, K ey Biscayne, Florida 33149 dated June I 0. 2021 and reco rded in O ffi ci al Reco rds Book 32583, Page 33 70: C FN : 202 10 45292 9 of M iam i-D ade C o unty, Flo rida covering all/or a po rtio n of the pro perty describ ed in the fo regoing agreem ent, does hereby acknow ledge that the term s of this easement are and shall be binding upon the undersigned and its successors in title. W itnesses; ,fPMor:;an Chase Bank, N.A. BY· 4-= Pr;nt Nam~blLI~ vJH t 1--r -/ Its: Vice Pre sident-Document Execution ST A T E O F LO U ISIA N A PARISH O F OUACHITA i 'd'Wh'ttl/ On fe_~ (WJ..rd S . 2024, befo re m e, appeared ngn I." , to me pe rso nally kno w n, w ho did say that she is the V ice President-D ocum ent Execution of JPM organ C hase Bank, N .A. and chat the instrum ent w as signed on behalf of the co rporation, by authority fr om its bo ard of directo rs, and that she ackno w ledged the instrument to be the fr ee act and deed of the co rpo ~ EV AR E E ________ _,N o ta ry Public LA N o tary ID : ·.._17.,_.(....,)'i'w.O Li fe tim e C o m m issio n {),J;:.•c h ih:t }",},(H"~~;r·j j LJJUisi:::~.n:~,~ ~.i"fn~ii·n,c_~ -C;orn~11!~~iGrf ·L.-::,:~:.:_: (i l.:.:·ub tir, a,J i ·i ·:.ro?O M O LI N A _ 6546 C F N : 2 0 2 4 0 2 1 0 7 0 6 B O O K 3 4 1 4 0 P A G E 4 9 2 0 Ex hibit A LOCATION SKETCH NOTTO SCALE Portion of Section 5, Township 55 South, Range 42 East This is not a Boundary Survey Not full and complete without Pages 2 thru 4 Page 1 of 4 EXHIBIT LOCATION SKETCH DRAINAGE EASEMENT 425 WEST MASHTA DRIVE KEY BISCAYNE, FLORIDA 33149 FOLIO NO. 24-5205-001-3430 MIAMI-DADE COUNTY SECTION 5, TOWNSHIP 55 SOUTH, RANGE 42 EAST DATE: AUGUST 8TH, 2023 '"!"--~-====~---~=============·- -==- =· ~~=====~=======e"S ~j CFN: 20240210706 BOOK 34140 PAGE 4921 ,::, I ABBREVIATIONS P.O.B. Point of Beginning P.C. Point of Curvature P.T. Point of Tangency P.I. Point of Intersection P.O.C. Point of Commence P.8. Plat Book P.O.T. Point of Termination / .,,- - - '---.. I ", I I I I I I I I I I I I I I I I I I I I I I PG. Page SKETCH R/W Right-of-Woy Scale: 111 = 50' SEC. Section TWP. To wnship RGE. Range O' 25' 50' 100' 4. Centerline GRAPHIC SCALE This is not a Boundary Survey Not full and complete without Pages 1, 3 and 4 ...., (l) (l) LJ... (1) I... 0 ::J CT V, r--- 0 0 N° CJl -~ -~ ..s C 0 u ~ ,Q (1) - E ~ ~ i3 oo w u (1) >, CJl .0 0 C C/l -~ ~ 0 I... 'O 0 ~ ~ 0 0 g- E I... a.. C/l QJ ...., I... 0 U .2 <( 0 lO ~o QJ c:i .c I... I- 0 Page 2 of 4 EXHIBIT SKETCH DRAINAGE EASEMENT 425 WEST MASHTA DRIVE KEY BISCAYNE, FLORIDA 33149 FOLIO NO. 24-5205-001-3430 MIAMI-DADE COUNTY SECTION 5, TOWNSHIP 55 SOUTH, RANGE 42 EAST DATE: AUGUST 8TH, 2023 ' ·• C F N : 2 0 2 4 0 2 1 0 7 0 6 B O O K 3 4 1 4 0 P A G E 4 9 2 2 L E G A L D E S C R IP T IO N : A 10 foot wide drainage easement being a portion of Lot 22, Block 19, of BISCAYNE KEY ESTATES, according to the plat thereof as recorded in Plat Book 50, at Page 61, of the Public Records of Miami-Dade County, Florida, more particularly described as follows: Beginning at a point on the Northeasterly boundary line of Lot 22, Block 19, of said BISCAYNE KEY ESTATES, 94.11 feet Southeasterly of the Northeasterly corner of said Lot 22, as measured along the arc of a curve, said arc being the Northeasterly boundary of said Lot 22, thence run Southeasterly for an arc distance of 10.29 feet along the said Northeasterly boundary, the same being the arc of a circle to the right having a radius of 25.00 feet and a central angle of 23'35'09" to a point; thence s55·53'13"W, a distance of 184.32 feet to a point; thence S2O'25'46"E, a distance of 5.65 feet to a point; thence S65'53'13"W, a distance of 10.00 feet to intersect with the vertical face of the new seawall, thence N2O"25'46"W, along the said seawall, a distance of 15.00 feet to a point; thence N65"53'13"E, a distance of 195. 77 feet to the Point of Beginning. The 10 foot Proposed Drainage Easement containing 2,007 Square Feet or 0.05 Acres more or less by calculation. This is not a Boundary Survey Not full and complete without Pages 1, 2 and 3 Page 3 of 4 EXHIBIT LEGAL DESCRIPTION DRAINAGE EASEMENT 425 WEST MASHTA DRIVE KEY BISCAYNE, FLORIDA 33149 FOLIO NO. 24-5205-001-3430 MIAMI-DADE COUNTY SECTION 5, TOWNSHIP 55 SOUTH, RANGE 42 EAST DATE: AUGUST 8TH, 2023 =,·1====~-----=========·=---=--···=======-=-=-============== i·,1 ;",: CFN: 20240210706 BOOK 34140 PAGE 4923 SURVEYOR'S REPORT: 1. This Map does not represent a Boundary Survey. It's sole purpose is to graphically illustrate the Location of the New Easement. 2. The Legal Description of the Subject Parcel of Land was generated from information provided by the client. 3. North Arrow and Bearings ore referred to on assumed value of N65"53'13"E, along the Northerly line of the Subject Property, as per Plot Book 50, Page 61, of the Public Records of Miami-Dade County, Florido. This line is considered well-established and monumented. 4. Sources of data were used to extent required to complete this document are follows: -Subdivision of BISCAYNE KEY ESTATES, as recorded in Plat Book 50, at Page 61, of the Public Records of Miami-Dade County, Florida. -Map of Boundary Survey by Formtech Land Surveying, Inc. Job # 22-07046 dated July 22, 2022. SURVEYOR'S CERTIFICATION: I certify: This Sketch to Accompany Legal Description meets all applicable requirements of the Florida Minimum Technical Standards as contained Chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472.027, Florida Statutes. This document consists of multiple Exhibits and Sheets. Each Sheet as incorporated therein shall not be considered full, valid and complete unless attached to the others. No valid without the signature and the original raised seal of Florida Licensed Surveyor and Mapper. Additions or deletions to Sketch to Accompany Legal Description by other than signing party or parties is prohibited without written consent of the signing party or parties. Seal: FormTech Land Surveying, Inc. State of Florida LB # 7980 12455 S.W. 45th Street, Miami, Florida, 33175 Ph: (786)429-3034 (786)443-0285 (786)443-0678 www.formtechsurveyors.com email:formtechsuiveyors@gmail.com 08-08-2023 Date: _ Eugenia L. Formoso, P.S.M. Staie of ~ turida LS If G6GO Project 21-09019 # Job # 23-08006 SKETCH AND LEGAL Not full and complete without Pages 1 thru 3 Page 4 of 4 EXHIBIT SURVEYOR NOTES DRAINAGE EASEMENT 425 WEST MASHTA DRIVE KEY BISCAYNE, FLORIDA 33149 FOLIO NO. 24-5205-001-3430 MIAMI-DADE COUNTY SECTION 5, TOWNSHIP 55 SOUTH, RANGE 42 EAST DATE: AUGUST 8TH, 2023