2010-05RESOLUTION NO. 2010-05
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DEDICATING A WATER
UTILITY EASEMENT TO THE CITY OF NORTH MIAMI
BEACH, FLORIDA ON THE AVENTURA ARTS AND
CULTURAL CENTER SITE; PROVIDING FOR
RECORDATION; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura requires potable water service to the new
Aventura Arts and Cultural Center located at 3385 NE 188th Street; and
WHEREAS, the City of North Miami Beach requires an easement for operation
and maintenance of water service lines for the new Aventura Arts and Cultural Center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Easement dedication, as reflected on the attached Easement,
inclusive of the sketch and legal description, is hereby accepted and the City Manager
is hereby authorized to cause such Easement to be recorded in the Official Records of
Miami-Dade County, Florida, subject to confirmation by the City Attorney as to the legal
form and sufficiency of the Dedication and instrument of conveyance.
Section 2. The City Manager is authorized to take all action necessary to
implement the purposes of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Commissioner Auerbach, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Vice Mayor Luz Urbaez Weinberg yes
Mayor Susan Gottlieb yes
Resolution No. 2010- OS
Page 2
PASSED AND ADOPTED this 5th day of January, 2010.
._-~
SAN GOTTLI B, MAYOR
A
U(bM-
ESA M. S O , MMC
' CLER
APPROVE A TO EGAL S FFICIENCY:
CI ATTO NEY
Prepared by: City of NMB
17050 NE 19 Avenue
NMB, FL 33162 (305) 948-2967
EASEMENT AGREEMENT
THIS AGREEMENT made and entered into this day of
20 , by and between THE CITY OF AVENTURA, 19200 WEST
COUNTRY CLUB DRIVE, AVENTURA, FL 33180, as First Party, and CITY OF NORTH
MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as CITY.
WHEREAS, First Party is the owner of the property described in Exhibit A, attached
hereto, in Dade County, Florida, and
WHEREAS, First Party desires to cooperate with the City to provide better water service
to its property; and
WHEREAS, First Party has agreed to give the CITY the easements and privileges herein
set forth to construct and maintain the necessary mains and other needed facilities.
NOW, THEREFORE,
WITNESSETH:
That for and in consideration of the premises and in further consideration of the
sum of Ten Dollars in hand paid to First Party by CITY, receipt whereof is hereby acknowledged
by First Party, it is agreed as follows:
Aventura Arts & Cultural Center 1 Initials:
December 9, 2009
Developer:
City:
Prepared by: City of NMB
] 7050 Nl; 19 Avenue
NMB, FL 33162 (305) 948-2967
1. First Party hereby grants and gives the CITY, its successors and assigns, the
exclusive right and privilege to construct, maintain and operate in the property described in
Schedule "$" hereto attached and made a part hereof, for the construction, operation and
maintenance of water facilities (including transmission mains, distribution mains, supply pipes,
collection pipes, manholes, valves, connections, pumps and all other physical facilities and
property installations) that are required, including necessary rights of ingress and egress through
the property of First Party for such period of time as the CITY, or its successors or assigns,
requires such rights, privileges or easements for operation and maintenance of said system or
systems.
2. The CITY will endeavor not to damage any of the owner's property during the
maintenance or repair of any of the CITY's facilities. However, in the event there is damage to
the First Party's property in the easement caused by the CITY during maintenance and repair of
the CITY's facilities, the CITY will restore pavement, curb-gutter, sidewalk and sod at its cost.
The CITY will not be responsible for the cost of repairs to structures, landscaping, or any other
property lying within the easement should they be damaged by the CITY during their
maintenance and repair operations.
3. Nothing in the Agreement and the easement herein granted shall be construed to
prevent First Party or its successors in interest from granting exclusive or non-exclusive rights,
privileges and easements to other persons, firms and corporations, for furnishing utility services
Aventura Arts & Cultural Center 2 Initials:
December 9, 2009
Developer:
City:
Prepared by: City of NMB
17050 NE 19 Avenue
NMB, FL 3316? (305) 948-2967
other than water service, providing the location of the other utilities are not located in an area
above the water facilities from three (3) feet on one side of the facility to three (3) feet on the
other.
4. First Party covenants and agrees that all instruments of conveyance executed by it
with respect to any parcel or parcels of its property shall contain a legend that such conveyance is
subject to the rights and privileges granted by this Agreement to the CITY, its successors and
assigns.
5. The foregoing provisions contained in this Agreement are hereby declared to be
reservations, conditions, limitations and restrictions running with the above described land and
each and every part and parcel thereof and shall be binding upon all subsequent owners and
purchasers thereof and all grantees named in deeds of conveyance covering any part or parcel of
said land.
6. First Party does fully warrant that it has good title to the above property and that it
has full power and authority to grant this easement.
This Agreement shall be recorded by the CITY on the Public Records of Dade County
with the First Party to pay all costs of recording.
Aventura Arts & Cultural Center 3 Initials:
December 9.2009
Developer:
City:
Prepared by City of NMB
7050 NC l9 Avenue
NMB, FL 33162 (305) 948-2967
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
Signed, sealed and delivered
in the presence of:
Signature of Witness # I
Printed Name of Witness #1
Signature of Witness #2
Printed Name of Witness #2
THE CITY OF AVENTURA
BY:
Eric M. Soroka, City Manager
Printed name
Address
ATTEST:
Teresa M. Soroka, City Clerk (SEAL)
Printed Name
Address
STATE OF FLORIDA COUNTY OF
Before me personally appeared and
to me well known, and known to me to be the individuals
described in and who executed the foregoing instrument of the above named
a Corporation, or having produced current drivers license as
identification, and severally acknowledge to and before me that they executed such instrument of
said Corporation, and that the seal affixed to the foregoing instrument is the corporate seal of
Aventura Arts & Cultural Center 4 Initials:
December 9, 2009
Developer:
City:
Prepared by: City of NMB
17050 NE l9 Avenue
NMB, FL 33162 (305) 948-2967
said Corporation and that it was affixed to said instrument by due and regular corporate authority,
and that said instrument is the free act and deed of said Corporation and did/did not take an oath.
WITNESS my hand and official seal, this
A.D. 20
(Signature of Notary)
(Name of Notary Typed, Printed or Stamped)
(Title or Rank)
day of
Aventura Arts & Cultural Center 5 Initials:
December 9.2009
Developer:
City:
Prepared by: City of NMB
17050 N~ 19 Avenue
NMB, FL 33162 (305) 948-2967
THE CITY OF NORTH MIAMI BEACH hereby accepts this Grant of Easement.
WITNESS
WITNESS
APPROVED AS TO FORM:
CITY ATTORNEY
CITY MANAGER
Printed Name
CITY CLERK (SEAL)
Printed Name Printed Name
Aventura Arts & Cultural Center 6
December 9, 2009
Initials:
Developer:
City:
SKETCH AND DESCRIPTION
UTILITY EASEMENT
A PORTION OF TRACT ;4' I-IUBER TRACT"
PLAT BOOK 140, PAGE 58, DCR
N8970'46'E
19.50'
POC •
SW CORNER OF
TRACT A' HUGER TRACT'
S L1NE OF TRACT A'
~ HUGER TRACT"
N8970"35°E
286.83'
NE 188th STREET
LEGAL DESCRIPTION:
0
~+ ~ TRACT A'
c~'or "HUGER TRACT"
O ~ PLAT BOOK, 140, PAGE 58, DCR
~a
S8970'46"W 4.50'
~~
O
Ovi .gyp' ~_
w~ •A
n1
~\
`fl_~
~~
~ ~ R=63.00
R=63.00 L= f 7.54'
L=8.78'
a=-0739'03" G=fS'S6'S5"
R=25.00
L=25.51'
d=47'0031'
A PORAON OF TRACT A ; :HUGER ]RACY ; AS RECORDED IN
PLAT BOOK 140, PAGE 58, OF THE PUBLIC RECORDS OF
DADS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT
;A' HUGER TR4CT",• THENCE NORTH 89'20:35' EAST, ALONG
THE SOUTH LINE OF SAID TRACT :4 ; HUGER TRACT ; A
DISTANCE OF 286.83 FEET TO A POINT OF CURVATURE,•
THENCE EASTERLY AND NORTHEASTERLY ALONG THE ARC OF
A CURVE TO 7Hf LEFT, HAVING A RADIUS OF 25.00 FEET
AND A CENTRAL ANGLE OF 4T0031 ", AN ARC DISTANCE OF
25.51 FEET, TO A POINT OF REVERSE CURVATURE,• THENCE
NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT,
HAVING A RADIUS OF 63.00 FEET AND A CENTRAL ANGLE OF
OT59 03', AN ARC DISTANCE OF 8.78 FEET, TO POINT OF
BEGINN/N~ THENCE NORTH 00'49'14' WEST, A DISTANCE OF
43.34 FEET.• THENCE NORTH 89'10 46" EAST, A DISTANCE OF
19.50 FEET,- 11/ENCE SDU7II 00'49'li" EAST, A DISTANCE OF
18.60 fEET,• THENCE SOUTH 89'10 46' WEST, A DISTANCE
OF 4.50 fFET,• THENCE SOUTH 00'49'14' EAST, A DISTANCE
OF 15.76 FEET, TO A. POINT ON A CURVE AT WHICH A
RADIAL LINE BEARS SOUTH 23'44'19" EAST.• THENCE
SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE LEFT,
HAVING A RADIUS OF 63.00 FEET AND A CENTRAL ANGLE OF
~~ 15'5835', AN ARC DISTANCE OF 17.54 FEET, TO POINT OF
BEGINNING.
PROJECT No.: 09114
REVISION OWN DATE f8/Pg. CKD
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SKETCH do D£SCRIPIION
MK
8-27-09
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LLC
MAPPER
RVEYOR d
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PROFESSIONAL SU
900 SW 5TH STREET
BOCA BATON, FL 33486
(561) 372-?898
LICENSED BUSINESS No. LB7733
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LEGEND:
OCR = DADE COUNTY RECORDS
POB = POINT OF. BEGINNING
POC = POINT OF COMMENCEMENT
R = RADIUS
L =ARC LENGTH
d = CENTRAL ANGLE
SURVEYOR'S NOTES:
~,
~~
1. NOT VALID WRHOUT THE SIGNATURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR k MAPPER.
2. BEARINGS SHOWN HEREON ARE &1SE0 ON THE SOUTH
LINE OF HUGER TRACT' - BEARING S89'20 35"W
3. THIS 1S NOT A LAND SURVEY.
SURVEYOR'S CERT/F/CATE.-
i HEREBY CERTIFY THAT THIS SKETCH AND DESCRlPlION" IS TRUE AND
CORRECT TD THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER
CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS
AS SEf FORTH BY THE fLORlDA BOARD OF PROFESSIONAL SURVEYORS
AND MAPPERS /N CHMT£R 61G17-6, fLOR/DA ADM/NISTRA7JVE CODE
PURSUANT TO SECTION 472-027, FLORIDA STATUTES.
DATE:. q • 30 • t7'Lj BY:
MICHAEL A KUMKIEIYI'CZ
PROFESSIONAL SURVEYOR ~ MAPPER
FLORIDA REGISTRATION No. LS6611
Prepared by: City of NMB
17050 NE 19 Avenue
NMB, FL 33162 (305) 948-2967
SCHEDULE "B"
(Legal description of fifteen (15) foot utility easement)
A PORTION OF TRACT "A", "HUBER TRACT", AS RECORDED IN PLAT BOOK 140,
PAGE 58, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID "TRACT `A' "HUBER
TRACT; 89°20'35" EAST, ALONG THE SOUTH LINE OF SAID TRACT "A"; "HUBER
TRACT", A DISTANCE OF 286.83 FEET TO A POINT OF CURVATURE; THENCE
EASTERLY AND NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT,
HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 47°00'51", AN ARC
DISTANCE OF 25.51 FEET, TO A POINT OF REVERSE CURVATURE; THENCE
NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 63.00 FEET AND A CENTRAL ANGLE OF 07°59'03", AN ARC DISTANCE
OF 8.78 FEET, TO POINT OF BEGINNING, THENCE NORTH 00°49' 14" WEST, A
DISTANCE OF 43.34 FEET: THENCE NORTH 89°10'46" EAST, A DISTANCE OF 19.50
FEET; THENCE SOUTH 00°49' 14" EAST, A DISTANCE OF 18.60 FEET; THENCE SOUTH
89°10'46" WEST, A DISTANCE OF 4.50 FEET; THENCE SOUTH 00°49'14" EAST, A
DISTANCE OF 15.76 FEET, TO A POINT ON A CURVE AT WHICH A RADIAL LINE
BEARS SOUTH 23 °44' 19" EAST: THENCE SOUTHWESTERLY ALONG THE ARC OF A
CURVE TO THE LEFT, HAVING A RADIUS OF 63.00 FEET AND A CENTRAL ANGLE
OF 15°56'55", AN ARC DISTANCE OF 17.54 FEET, TO POINT OF BEGINNING.
Aventura Arts & Cultural Center 8 Initials:
December 9.2009
Developer:
City: