2011-50RESOLUTION NO. 2011 -50
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA PROVIDING FOR ACCEPTANCE OF EASEMENT DEDICATION OF
PRIVATE PROPERTY FOR THE CITY OF AVENTURA GOVERNMENT
INSTRUCTIONAL SIGN AT AVENTURA MALL PROJECT: AUTHORIZING
THE CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS
CONCERNING DEDICATION; AUTHORIZING ACCEPTANCE OF
DEDICATION; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, contracts have been awarded by the City to provide and install a
Government Instructional Sign at Aventura Mall; and
WHEREAS, the proposed location of the proposed Government Instructional Sign at
Aventura Mall is on private property; and
WHEREAS, easement dedication provides the right to both construct and maintain the
Government Instructional Sign at Aventura Mall to the City; and
WHEREAS, the City Commission finds that it is appropriate and in the best interest of
the public to facilitate the dedication of this portion of private property for construction and
maintenance of the Government Instructional Sign at Aventura Mall, and to accept the
dedication.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA:
Section 1: That the easement dedication, as reflected on the attached easement
document is hereby accepted and the City Manager is hereby authorized to cause such
easement document 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: That the City Manager is hereby authorized and requested to take all
necessary and expedient action to carry out the aims of this Resolution.
Section 3: This Resolution shall be effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Joel, who moved its adoption. The motion was seconded by
Vice Mayor Auerbach, and upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond
yes
Commissioner Teri Holzberg
yes
Commissioner Billy Joel
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Zev Auerbach
yes
Mayor Susan Gottlieb
yes
Resolution No. 011 - 50
Page 2
PASSED AND ADOPTED this 6th day of September, 2011.
N GOTTLIEB, MAYOR
ATTEST -
RESA M /60RPKA, MMC
TY CLE K
APPROVED AS TO LE =ENCY:
ky "'\
CITY ATTORNEY
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
WEISS SEROTA HELFMAN
PASTORIZA COLE & BONISKE, P.L.
200 East Broward Boulevard, Suite 1900
Fort Lauderdale, FL 33301
EASEMENT
THIS EASEMENT (this "Easement ") is made this � day of September, 2011, by
MALL PARCELS A& C /SR -1 TRUST, LLC, a Florida limited liability company, having an
address at 19501 Biscayne Boulevard, Suite 400, Aventura, Florida 33180 (hereinafter referred to
as the "GRANTOR"), to and in favor of the CITY OF AVENTURA, a Florida municipal
corporation, having an address at 19200 West Country Club Drive, Aventura, Florida 33180
(hereinafter referred to as the "GRANTEE ").
RECITALS:
GRANTOR owns fee simple title to certain real property located in Miami -Dade
County, Florida, as more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof (the "Property").
GRANTOR has agreed to grant to GRANTEE an non - exclusive easement for the
limited purposes of: (i) installing, maintaining and replacing an LED display sign and landscaping
upon the Property; and (ii) installing, maintaining, repairing and replacing utilities related to the
maintenance of the LED display sign and landscaping installed upon the Property such as above-
ground and underground electrical, irrigation and sprinkler systems, subject to the terms and
conditions hereinafter set forth.
NOW, THEREFORE, for and in consideration of the premises and the sum of
TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and
sufficiency 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 Easement as if fully set forth herein.
2. Grant of Easement. GRANTOR does hereby grant and convey to the GRANTEE and
its licensees, agents independent contractors, successors and assigns, a non - exclusive easement in,
over, under, upon, across and through the Property for the limited purposes of installing and
227451
maintaining an LED display sign, landscaping and related utilities such as underground electric,
above - ground and underground irrigation and sprinkler systems, as well as ingress and egress in,
over, under, upon, across and through the Property with full rights and authority to enter upon the
Property in order to install, construct, reconstruct, replace, improve, remove, inspect, repair and
maintain such work. The parties acknowledge that the initial work upon the Property shall be
installed and constructed substantially in accordance with the plans and specifications prepared by
YAZI, dated June 23, 2011, as amended (the "Plans and Specifications "). Subject to the restoration
provisions set forth in Section 3 hereof, GRANTOR also grants GRANTEE a license to temporarily
locate its equipment and materials on the property of GRANTOR immediately adjoining the
Property as may be necessary to perform the foregoing. This Easement shall have a term of seven
(7) years, commencing with the Effective Date, and shall be automatically renewed for additional
consecutive terms of seven (7) years each, unless GRANTOR sends GRANTEE 120 days prior
written notice of termination.
3. Warranties and Representations. GRANTOR does hereby covenant with the
GRANTEE, that (a) it is lawfully seized and possessed of the Property; (b) it has good and lawful
right to enter into this Easement and convey said easement; and (c) all applicable corporate,
partnership, trust or other required authorizations, approvals or consents have been obtained and no
other authorizations, approvals or consents are required to effectuate GRANTOR's execution and
delivery of this Easement. GRANTOR acknowledges that GRANTEE is materially relying on the
representations as herein expressed.
4. Covenants Running with the Land. This Easement, and the rights and interests
created herein shall run with the land and shall be binding upon and inuring to the benefit of the
parties hereto and their respective successors and assigns.
5. Indemnification. Subject to the provisions and monetary limitations of Section
768.28 (5), Florida Statutes, which limitations shall be applicable regardless of whether such
provisions would otherwise apply, and to the extent permitted by law, GRANTEE agrees to
indemnify and hold GRANTOR harmless from and against any and all damages, liabilities, costs
and matters relating to or arising out of the exercise of its rights under this Easement, except for any
claims arising due to the acts or omissions of GRANTOR.
6. Miscellaneous. This Easement shall be construed under the laws of the State of
Florida. GRANTEE may, at GRANTEE's cost and expense, record this Easement and any
amendments hereto in the Public Records of Miami -Dade County, Florida. This Easement may
only be modified, supplemented or revised in writing signed by the parties, or their successors or
assigns, and any modification shall be effective only upon recordation in the Public Records of
Miami -Dade County, Florida.
[Signatures on following page.]
227451
IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed by its
duly authorized officer or representative as of the day and year first above written.
WITNESSES:
GRANTOR:
MALL PARCELS A &C /SR -1 TRUST,
0--� � LLC, a Florida limited liability company
Name: C a /o Cr b /a v%t ✓+
By: LZ�Z�
Name: .Siaccu a`nc,$ -71drref Soffer, Manage
W-1 ,
:,, .
Name:
STATE OF FLORIDA )
SS:
COUNTY OF M *-ann'. - Da.a1L
THIS IS TO CERTIFY, that on this �� day of gut., 2011, before me, an
officer duly authorized to take acknowledgements in the State and County aforesaid, personally
appeared Jeffrey Soffer, as manager of Mall Parcels A &C /SR -1 Trust, LLC, a Florida limited
liability company, on behalf of the company, who (cluck one) [A is personally known to me or
[
]produced as identification.
NOTARY PUBLI
Print Name: (—at'( v i y%t b v a nn S o
4v CAROLABRAMSON
Commission # DD 946451 k My Commission Expires: ++
Expires April 14, 2014 �4
Bw&d TNu Troy Fan tnsuranoe M 385 -10 111 5
STATE OF FLORIDA )
SS:
COUNTY OF M a �+►i — 1� ad P.. )
THIS IS TO CERTIFY, that on this (10 day of Apgdst, 2011, before me, an
officer duly authorized to take acknowledgements in the State and County aforesaid, personally
appeared Jacquelyn Soffer, as manager of Mall Parcels A &ClSR 1 Trust, LLC, a Florida limited
liability company, on behalf of the company, who (check one) [vfis personally known to me or
[ ] produced as identification.
t
NOTARY PUl3iC
Print Name:
My Commission Expires:_ -1 20 14
CAROL ABRAMSON
Commission # DD 946451
Expires April 14, 2014
�� %iAm .�'�-
Bonded Tft Troy Fan tnwmnoe800,IW7019
JOINDER AND CONSENT
City National Bank of Florida, the holder of
Mortgage in ORB 18921 at Pg. 2345
Modification Agreement in ORB 19071 at Pg. 739
Modification Agreement in ORB 19071 at Pg. 746
Assignment of Mortgage Agreement in ORB 20071 at Pg. 1
Modification Agreement in ORB 20071 at Pg. 5
Modification Agreement in ORB 23035 at Pg. 955
Modification Agreement in ORB 23265 at Pg. 2356
Modification Agreement in ORB 26495 at Pg. 695
Modification Agreement in ORB 27508 at Pg. 4763
Modification Agreement in ORB 27724 at Pg. 2167,
Restated Mortgage, Notice of Future Advance, Spreader and Security Agreement in ORB
27770 at Pg. 1632.
all in the Public Records of Miami -Dade County, Florida,
hereby joins in and consents to the recording of the aforesaid Easement Agreement.
CITY NATIONAL BANK OF FL DA
By: �f l
Name: fk�
Title: y/'
Address: 1450 Brickell Avenue, 28ti' Floor
Miami, FL 33131
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI -DADE )
The FQregoinP�sri ent was acknowle ed before me I s 14v, day of August,
2011 by Lam- V__ - as Lam- of CITY
NATIONAL BAN F FLORIDA. He,/She is personally known to me or has produced
as identification.
Pr nt Name: s CAO
Serial No.: fat 261/
•�.��a'r'o�•,, JACLWELNiE JOAO
r =� ;��•, Notary Public - Bute of Florida
' • My Com WWon EXOW Sep 30, 2011
Commission 0 DO 720371
6011d9d
Through Netforral Notary Assn.
- (NF JOAO
,,,ie of Florida
y COMMISslon Expires Sep 30, 2011
aM
Commission 0 DO 720371 Banded TA O* National Notary Assn.
Pr nt Name: s CAO
Serial No.: fat 261/
•�.��a'r'o�•,, JACLWELNiE JOAO
r =� ;��•, Notary Public - Bute of Florida
' • My Com WWon EXOW Sep 30, 2011
Commission 0 DO 720371
6011d9d
Through Netforral Notary Assn.
EXHIBIT "A"
THE PROPERTY
227451
C 3 CRAVEN •THOMPSON a ASSOCIATES, INC.
ENGINEERS a PLANNERS a SURVEYORS
563 N.W. 53RD STREET. FORT LAUDERDALE, FLORIDA 33309 FAX: (954) 739 -6409 TEL.: (954) 739 -6400
FLDIIIOA UCENSEO ENGNEQM16. SUR►EYNO t 1IAP►1NC BUSWCSS Ns 271
FLORIDA LICENSED LANDSCAPE AKWWCTlt[ suSaIMS .n Cmalll
ARWOMW * O to 1 d N Ff w
FOR: CITY OF AVENTURA Rqi Tea n IM A lSNETCN OF WOVEY. but "a "hic depiction
Rer50.0E tO o ~UMb,npslbi Mw,mASedn tt eel h connection �tl1A Ih� nporolbn
PCT '0 L -24.6 � *� SKETCH TO ACCOMPANY DESCRIPTION
N.W. CORNER TRACT -o• SIGN AND LANDSCAPE EASEMENT
1
N87'27'29%
S30'48'02 -EJ�', 2 94'
(RADIAL) ' ',� 438'05'24 "W
1 12.86'
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a �
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ti , oe GRAPHIC SCALE IN FEET
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TRACT "0"
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AVENTURA SIXTH ADD
I
TION I I<
� PLAT BOOK 120. PAGE 20
MIAMI —DADE COUNTY RECORDS
0
w I LEGEND
Z 30.5 502'OY55 "E 22.38' F.O.O.T. FLORIDA OEPARTLIENT OF TRANSPORTATION
} ' L ARC LENGTH
4 P.O.B. POINT OF BEGINNING
()
pf. x � P, O.C. POINT OF COMMENCEUENT
R RADIUS
ca 'in Ty . 0� D CENTRAL ANGLE
m i4 In 0 . >' .wrrrrMr— LMITEO ACCESS RIGHT OF WAY LINE
I nn C
z �\
Ijl 40.00 W
N.E. 1ST STREET
EXSITING STREET SIGN INDICATES N.E. I96 STREET
SHEET 2 OF 22 SHEETS
UPDATES and /or REM51ONS DATE BY CK'0 Nc1E The undwalgnsd end CIIAVEN— TNONPSON t ASSOCIATES. INC. n•tes w
,tpreeenloltane p gNarMlees W to the htwmolion ,ellecled he,san pertalming t.
aaswneels, fights- Nl —Iqr. set peck Ihst. ,eeerWIlomL agroomenle and other
*n w maliwt, one Iu,IM,. W. hsl,ement 4 not latendee to reflect or NI North
au tuth molten, Suth Inlamelbn should M obtained and to *nmd by ,then
lhro o eppraplale live .wakalYn.
UU Land@ 01,@ hennn woo n.I attreated lw ,1gnl —W— ey and /or
oCewnents at repro
G \2001\010103.149 BISCAYNE SIGN \ONC \SD_91GN ESMAjT.OnG
JOB N0- 01- 0103.t48 GRAM BY: R.Y. CHECNEO BY: T.C.S. I F.B. N/A PG. NIA I DATEO:O7 -i3 -Ii
DESCRIPTION: SIGN AND LANDSCAPE EASEMENT
A PORTION OF TRACT "Q ", AVENTURA SIXTH ADDITION. ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 120. PAGE 20, OF THE PUBLIC RECORDS OF
MIAMI -DADE COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT "Q". SAID NORTHWEST
CORNER LYING ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHERLY FROM
WHICH THE RADIUS POINT BEARS SOUTH 30.48102" EAST; THENCE EASTERLY ALONG
THE ARC OF SAID CURVE HAVING A RADIUS OF 50.00 FEET. A CENTRAL ANGLE OF
28018'31 ". FOR AN ARC DISTANCE OF 24.87 FEET TO A POINT OF TANGENCY; THENCE
NORTH 8702T2B` EAST, A DISTANCE OF 2.94 FEET, THE LAST TWO DESCRIBED
COURSES BEING ALONG THE NORTH BOUNDRY OF SAID TRACT "Q "; THENCE SOUTH
38-05'24" WEST, A DISTANCE OF 12.88 FEET; THENCE SOUTH 01.07'46" WEST, A
DISTANCE OF 272.49 FEET; THENCE SOUTH 02'8T55" EAST ALONG A LINE 42.5 FEET
EAST OF AND PARALLEL WITH. WHEN MEASURED AT RIGHT ANGLES TO. THE F.D.O.T.
BASELINE AS SHOWN ON RIGHT OF WAY MAP SECTION 57030 -2588, DATED: 8.14.97, A
DISTANCE OF 88.90 FEET; THENCE SOUTH 11'21'50" WEST, A DISTANCE OF 81.42 FEET;
THENCE SOUTH 02.07'35" EAST ALONG A LINE 30.5 FEET EAST OF AND PARALLEL
WITH, WHEN MEASURED AT RIGHT ANGELS TO, SAID F.D.O.T. BASELINE, A DISTANCE
OF 2238 FEET TO THE POINT OF BEGINNING, THE LAST FIVE (5) DESCRIBED COURSES
BEING ALONG THE EAST RIGHT OF WAY LINE OF BISCAYNE BOULEVARD (U.S. 1):
THENCE SOUTH 47'07'55" EAST, A DISTANCE OF 70.71 FEET-, THENCE SOUTH 87882008"
WEST, A DISTANCE OF 50.00 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE:
THENCE NORTH 02.07'58" WEST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE
OF 50.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMWADE COUNTY, FLORIDA, AND
CONTAINING 1,250 SQUARE FEET (0.029 ACRES) MORE OR LESS.
THE BEARINGS REFERENCED HEREIN ARE BASED ON AN ASSUMED BEARING. SAID
F.D.O.T. BASELINE IS ASSUMED TO BEAR SOUTH 02'07'55" EAST.
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA.
AS OUTLINED IN RULES 61- 17.051 AND SJ•17.052 (FLORIDA ADMINISTRATIVE CODE). AS
ADOPTED BY THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981. AS
AMENDED. PURSUANT TO CHAPTER 472.o27 OF THE FLORIDA STATUTES. AND IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF:"
CRAVEN THOMPSON & ASSOCIATES. INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 271
J UL 13 2011
RA p VO N G'
PROFESSIONAL SURVEYOR-AND M NO. 5799
STATE OF FLORIDA
Not valid without the signature and the original raised seal of a Florida licensed surveyor
and mapper.
SHEET 1 OF 2 SHEETS
July 13, 2011
NA01- 01031LEGALISD_SIGN ESMT.dwg