2001-064
RESOLUTION NO. 2001-64
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA FLORIDA, ACCEPTING DEED AND
EASEMENT CONCERNING DEDICATION OF TWO ACRE
PARCEL OF LAND TO THE CITY OF AVENTURA FOR
USE FOR CITY SCHOOL OR OTHER CITY PURPOSES,
SAID LAND BEING SITUATED NORTH OF NORTHEAST
183RD STREET AND EAST OF NORTHEAST 31ST
AVENUE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to the final plat for the Peninsula Condominium and the
Vested Rights Determination Agreement, the owner of a two acre parcel of property,
identified as Tract "A," has agreed to convey such parcel to the City of Aventura for use
as a City School or for other City purposes; and
WHEREAS, the provision of a 17 foot wide easement is necessary in the event
the parcel is utilized for City school purposes; and
WHEREAS, acceptance of the dedication of the two acre parcel and the
easement, is in the best interest of the City, but shall not, in any way, commit the City to
develop the two acre parcel for City school purposes.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals AdoDted. That the above stated recitals are hereby
adopted and confirmed.
Section 2. Authority. That the City Manager is hereby authorized to accept the
dedication and conveyance of Tract "A," and the related easement, substantially in the
form provided in the attached deed and easement. The City Manager may reject or
terminate the easement, if determined not to be necessary. Acceptance of the deed
and easement by the City Manager shall be subject to approval by the City Attorney as
to form and legal sufficiency.
Section 3. Authorization To ImDlement. The City Manager and City Attorney
are authorized to take all action necessary to implement this Resolution.
Section 4. Effective Date. This Resolution shall be effective immediately upon
adoption.
The foregoing Resolution was offered by Commissioner Rogers-Libert ,
who moved its adoption. The motion was seconded by Commissioner
Rolzbers>; , and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
~
~
~
~
~
~
yes
PASSED AND ADOPTED this 4th day of September, 2001.
~~R
APPROVED AS TO LEGAL SUFFICIENCY
~~~
CITY ATTORNEY
2
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p"p",o by,
REUBEN M. SCHNEWER
Ab"m5A""'" P.A.
p"" om" B", "'010
H"lIywoooO. Flo,;d, 33022-9010
R""",""
M..B""d,A.K,II,y
Comm""l,y Dml"I"""" Dim'",
CltyofA""I""
19200 W," C"""ry CI"b D,i"
A"""",. "",Id, 33\80
CFN 2003RO513281
DR 1.1: 2WO f'J 2305; UPJ)
RECORDED 07/25/2003 """tl'
DEED DOt TAX 0.60
SURTAX 0."
HARVEY RUVUIo CLH" OF coura
hlAhI-DADE COII'I". FLORIDA
LAST F'AGE
SPECIAL WARRANTY DEED
THIS DEED, ...d, "ü,:t'î d'yof M"ch. 2002. B"w",t A VENTUnA LAND HOLDING II, LTD",
Flodd, IimH,d p"",<iship, wh~posl om" .dd"" i, 321 E"llIillsbom Doul'md, D",fidd emh, Flo,id,
33441, GRANTOR, .nd CITY OF AVENTURA" munidp,lco'po"lion oftl" SI,t, ofFlodd" who" po" om"
.dd"" i, 19200 Wesl Country Club Dtive, Aventu", Flmid. 33180 GRANTEE>.
Th, GRANTOR, in con,id,,"ion oflhe sumofTe" .nd NOIIOO ($1 0.00) Doll..., .ndolh" good .nd """ble
con,id","ons p.id to G"otn" the ""ipl wheteof is hmby "know"dg,d, h" g"uted, b..g.ined .ud ,old 'o the
G,.nt", and G"ntee's so"",o" .nd "sigos, " Ihe "" n"y be, fo""" Ihe following des",b,d Iond, loc",d '"
Mi.nu-Dade Coonty, Flo,ida,
Tml "A" of PENINSULA, ""o,ding 10 Ih, 1'1.1 thmof, monl,d in 1'1" Bnok 15R,
P,g' 24, of th, Pohlic neeotds of Mi,mi-D,d, Counly, Florid,.
Tox foho numb", 28 2203 054 0030
SUBJECT TO, T.m fo' the ym 2002 .nd .11 ,ub"quenl y"", which tom." not yet du, .nd p'yabl,; wrung
res""lIons impo"d by govemmento¡.utho"ty; tCs~ietiOl" .nd n"I1'" 'ppming nn Ih, pi" m olhnwi" common '°
Ihe ,ubdi,ision, public ulliity ""ments of "cOtd .nd "",votwns of,eco,d, if 'ny, ptO,id,d the "",gning ,1,,11 nol
oct to mHOp"" """
.nd G"nto, does ,pec¡.lly w"'.ot the tdle 10 the Iood, .nd will def'nd .gain,t.1l pmons el.iming by, Iluoogh 0",1
ond" th' G"ntoL
"'GRANTOn" .nd "GRANTEE" ace n"d fOt singol" 0> ph..", " cm!text "go;"".
IN WTTNESS WHEREOF, GRANTOR h" e",oted Ihis Speci.1 W",.nty D"d
,II,LTD"
By,
Pc;""",~,fw""",.b""
ST'CCE OF fLOlllDA
COUNTY OF BROWARD
Th, fo"going insln'ment w" "knowledged b,fo" me this :J4 d.y of M"ch, 2002, by e,i.n St",t, "
FtCsiue'" D(Aventu" L.no Holding Ii ¡DEL), Ino,' Del.wace cm~ion", gene,,1 p""'" of Avemo,o L"td
Holding II, Ltd., . Flmid. hmited p.rtn",hip, who i, p",on.lly "oowrito me 0< pmduced . vohd dlim's licen" "
,dentiti,"ion, .nd who execoled ,hi, inslnuoent on bel"lf ~,I"'¿6;Po':'1I19n ,o/d)'\"it'dï',rtn"'hip
.~--,.-" /t"
MYCOO~uss'.onexpues' ':~:'~i':,4VJ'I-"-"'f_-
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3/27/02M1S/RS/WIWp,,""'DDIJ,OO20"p,,¡,' W>IT"U, d",a .:~
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JUL-Ol'03(TUE) 16;07
bILLIN, ~UIYIOM. 01. ~C
II "" ,,¡¡ 1111 111111 "
Prep,rod by;
Stonlc:y B, Price. E"I'
Bit.in Sumberg, el .1
2500 Fì,,' Union Fin'ln.;.! Cent.r
Miami.FL33131
CFN 2003RO513~63
DR, 8~ 2W,(1 F'gs 21=-7 - 216;; IBm
RE¡;ORDED 0712512003 15:59:18 '
C'EED DOC TAX 0.60
SURTAX 0.45
HARVE'( RUVIN, CLERK OF COURT
MIAMI -DADE COUHT'f, FLORIDA
EASEMENT AGREEMENT
This Eaoement Agreement ("Agreeme¡lI") is made as of fuel! day of~, 2003,
between AVBNTURA LAND HOLDING II., LTD., a Florida limited partnership ("Grantor"),
whose address is 321 East Hi1lsboro Boulevard, Decrfic1d Boi1Ch, Florida 33441 and CITY OF
A VENTURA, a municipal corporation of the State of Florida ("Grantee"), whose address is
19200 West Country Club Drivo, Aventura, Florida 33180,
RECITALS
A. Grantor is the owner in fee simple of the following real property, situate in the
City of Aventura, Miami-Dade County, Ftodda:
Tract "B" of PENINSULA, according to the plat thereof, recorded
in Plat Book 158, Page 24. orthe Public Records of MiamÌ-Dade
County, Florida, commonly known as "The Peninsula"
("Property"),
B, Grantee is file owner in fee simpl,,- of file fonowing real property, situate in the
City of AventuIa, Miami-Dade County, Florida:
Tract "A" ofPENrNSULA. according to the Plat thereof, recorded
in Plat Book 158, Page 24 of the Public Records of Miami-owe
County, Florida (the! "Park Sit"-")-
C. Grantor is desirous of giving assurance to the Grante"- that the Prope.ny will be
dl:velope!d substantially in accordance! with the spirit and intent of the plans submitted to the City
of Aventura.
D, :rn connection with Grantc:c's approval of The peninsula proje!et, Grantor has
agrec:d to grant and cre!ate, and Grantee desire!s to obtain, on the terms and conditions set forth a
non-eJLclusive easement (as hereinafter defined) over and across the Property for the purposes as
set forth below in the Articles of AgI"'-"-mem,
NOW. THEREFORE, in considèration of the promises and other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agr"-e! as follows:
\73a61\\2190\# ""7917 v 6
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ARTICLES OF AGREEMENT
1.
~, The foregoing recitals are true and correct and are incorporated herein
by reference-
2,
rower to Grant Easements. Grantor warrants that (11) it is lawful1y seized and
possessed of the Property; (b) it has good and lawful right to enter into tlùs
Agreement and convey the Easements; and (c) all applicable corporate,
partnership or other authorizations, approvals and consents have been obtained iu
order to effectuate Grantor's execution and delivery oHhis Agreement: - .
3.
Easement Am¡J.. Grantor grants to Grantee (and its licensees, in4ependent
contractors, agents, successors and assigns) a non-exclusive casement for right of
way, sidewalk utilities landscaping pUIJ>oses in, over, under and upon that portion
of the Property consistiug of a seventeen (17) foot wide strip along the western
boundary of the Property, commencing at the northeast comer of the intor¡;eetion
DfWilliams Island Boulevard, aJkJa N.B, 183rd Street, and N.R 31st Avenue and
continuing nonh along the western boundary of the Property, aIkIa the east right
of way line ofN,E, 31st Avenue, and teminating upon the southern boundary line
of the Park Site without gap or overlap ("Easement" or "Easement Area"), which
Basement is for the benefit of the Park Site, and shall burden the Property.
Ierm of Easement. The term of this Agrcement for the Easement shan commence
~Ipon the date hereof and terminate five (5) years from the date of this Agreement.
However. if the Park Site is developed by the City of Aventura as a park site
within five (5) y"ars from me date of this Agreement, as evidenced by the
issuance of a Building Permit then the Easement shall b" effective and conLinue
sO long as the Park Site is utilized for park purposes. The Grantee shall notify Lhe
Grantor, in writing, that the Easement wíl1 be needed and used for park purposcs,
Thereupon. Grantor shall provide an Easement Deed that is consistem with the
provisions of this Agreement. If Grantor fails to provide such Easement Deed,
then the terms and conditions of this Agreement shltH remain in f1111 force and
effect including Grantee's rights in and to the Easement Alternatively, the
Ea.sement may be included in Grantor's conveyance to Grantee of the Park Site.
4.
5.
!,asem"nt Use, If the Easement is utilized in accordance with paragraph 3,
G!1Ultee is authorized to make. ,nstall and consb:uct improvements in the
Easement Area consistent w,th the permitted uses hereunder with full rightS and
authority to enter upon and excavate the Easement Area in order to install,
construct, replace, repair, inspect and maintain such work, and, further, thc
Grantee shall be responsible for the cost and eXpense of removing, repairing and
reconstruction of any improvementS in the Easement Area, including, but not
limited to, the presently existing wall, which r"'moval, repair and reconstruction
shall be consistent willi the quality and quantity of physioal improvements and
landscaping an the Easement Area, shall be completed in a good and
workmanlike; manner, and restored to as good or belter condition as of the dste of
the request in writing to utilize the Easement Area. All work to be done shall be
2
\73S67\l;!\9Q\U S07917 v ~
I'll compliance with al1 local laws. ordinances, roles and regulations of applicable
governmental authorities.
6-
Maintenance and Indcmqi fi cation. During the period of time in which the
Basement is utilized in accordance with the provisions of paragraph 3 above, the
Grantee shall maintain the Easement Area at its expense and in good condition
and repair So that it does no! becOlm~ unsightly. cl'ccpt for any improvements
iL1stalled or constructed by Grantor, which shall be maintained by Grantor at its
sole cost and expense and in good condition and repair so hat it does not become
tlnsightly. Grantee understands that Grantor expects to construct condominiums
an the Property and the appearance of Easement due to lack of maintenance by
Grantee shalt not be allowed to detract [TOm the quality of the proposed
construction. Grantee indemnifies and agrees to hold Grantor harmless from and
~Igairu;t and all loss, including reasonable attorncys' fees and costs, elaim, liability
or expense (including any obligation to remove. repair or reconstruct) arising out
of or relating to any damage or lack or maintenanee caused by Grantee, its
employees, agents and representlltive& in con)1ection with the improper use of the
Easement, subject to the provisions and monetary limits of Florida StatUte 768,28
as such may be amended or superseded.
7,
Hatke., All notices and other coIrUnunicatìons given pursuant to thi& Agreement
shall be in writing and shall be deemed properly served if delivered in person to
the party to whom it is addressed or on the third day after deposit in the U.S. mail,
as registered or certificd mail, return receipt requested, postage prepaid, as
follows:
1[to Grantor
Aventura Land Holding IT, Lld,
321 East HH1sboro Boulevard
Deerñeld Beach, Florida 33441
(954) 418-0208
With a copy to
Stanley Price, Esquire
Bilzin Sumberg et al
2500 Fir&t Union Financial Center
Miami. Florida 33131
(Tel) 305-374-7580
lito Grantee
City of Aventura
19200 West Country CIl.\b Drive
Avenmra. Florida 33180
(Tel.) 305-466-8900
\73867\1% 190\" OD7~17 v ,
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9.
10.
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With a eopy to
David M. Wolpin, Esquire
Weiss SerolaHelfman, et al
2665 South Bayshore Drive, Suite 420
Miami, Florida 33133
(Tel) 305-854-0800
¿UIlondment and Terminlttio¡¡. All of the covenants, agreement~, rights. duties,
interests and benefits created hereby or contained herein may only be terminated
or amended, in whole or in part, by a written instrument executed by Grantor and
Grantee, or their respective successors in interest and shall only be effective upon
recordation in the Public Records of Miami-Dade County, Florida,
Applicable Law, This Agreement shall be governed by the laws of the State of
Florida. If any of the provisions contained herein shall be held invalid or
tlnenforceable for any reason, such invalidity or unenforceability shall not in any
event affect any of the other provisions contained herein and such other
provisions shall be valid and enforceable to the fullest extent permitted by law,
Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the subject matter hereof and supersedes any prior understandings
and agreements between the parties regarding the subject matter of this
Agreement.
11.
Severability. In the event that any part, term or provision of this Agreement is
found to be illegal or otherwise invalid by appropriate judicial authority, such
provision shall be given its nearest legal meaning or be construed as deleted as
such authority detennines, and the remaining portions and provisions of this
Agreement shall be construed to be in full force and effect.
12.
CoUIltoryarts. This Agrcoment may be executed in counterparts by the parties
hereto and each shall be considered an original insofar as the parties hereto are
concerned but together the counterparts shall comprise only one Agreement,
çovenapts Runnin~ with the Land. This Agreement and the rights and interests
created herein including the Easement shall run with the land and shall be binding
upon and inuring to tho benefit of the parties hereto and their respective
r,uccessors and assigns,
13,
14-
l'revailinl! Party Attornment. In the event it becomes necessary to enforce
through litigation, any term or condition of this Agreement the prevailing party
shall bc entíiled to recover from the non-prevailing party all of its costs and
reasonable attorneys' fees at all trial and appel1ate levels.
Recording. Grantee, at Grantee's cost and expense, is authorized to record this
Agreement and any amendments hereto in the Public Records of Miami-Dade
County, Florida-
15.
\13'"7\121901. 601911 v 4
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Grantor warrants !hat (a) it is lawfully seized and possessed of the Property; (b) it
has good and lawful right to enter into this Agreement and convey the Easement;
and (r.) 9.11 applicable corporate, partnership or other authorizatio1lS, approvals and
consents have been obtained in order to effectuate Grantor's execution and
(Lelivery of this Agreement.
IN WITNESS WHEREOf, tile GrantOr and Grantee have executed this Easement,
GRANTOR:
By:
,LTD..
By;
STATE OF FLORIDA
COUNTY OF BROW ARD
The fomgoing instrument was acknowledged before me thì¡;.é'nLday Of~, 2003, by
Brian Street. as President of Aventura L!lT1d Holding IT, Inc., a Florida corporation, as general
partner of Aventura Land Holding H, Ltd., a Florida limited partnership, who is personally
known to me or produced a valid driver's license as . entification. and who executed this
instrument on behalf of the r.oIporalÍon and limited ership.
My commission Expircs:
GRANTEE:
CITY OF AVENTURA, a municipal corporation of
the Stale err
By: (.
City Manager
5
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
~.~=
City Attorney
\73B67I1l190\Ø 607917 vO¡
6
DESCRIPTION: 17.FOOT ACCESS EASEMENT
A PORTION OF TRACT "C", ATLAS TERMINAL APARTMENTS, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 147, PAGE 67, OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS,
COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "c". THENCE NORTH
69°57'15" EAST, ALONG THE SOUTH BOUNDARY OF SAID TRACT "C", A DISTANCE OF
34.13 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE ARC OF A CURVE
CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS NORTH 76°03'08" EAST FROM THE
LAST DESCRIBED POINT; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE,
HAVING A RADIUS OF 18.00 FEET. A CENTRAL ANGLE OF 14°15'33", FOR AN ARC
DISTANCE OF 4.48 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00°18'41" EAST,
A DISTANCE OF 39.48 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
WESTERLY; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS
OF 300,00 FEET, A CENTRAL ANGLE OF 12°23'40", FOR AN ARC DISTANCE OF 64.90
FEET, ïHE LAST THREE (3) DESCRIBED COURSES BEING COINCIDENT WITH THE EAST
LINE OF NORTHEAST 31" AVENUE PURSUANT TO CITY OF AVENTURA RESOLUTION NO.
98-59; THENCE NORTH 89°57'15" EAST, ALONG A NON-TANGENT LINE, A DISTANCE OF
17.36 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE WESTERLY, WHOSE RADIUS
POINT BEARS SOUTH 78°34'17" WEST FROM THE LAST DESCRIBED POINT; THENCE
SOUTHERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 317.00 FEET, A
CENTRAL ANGLE OF 11°44'24", FOR AN ARC DISTANCE OF 64.95 FEET TO THE POINT OF
TANGENCY; THENCE SOUTH 00°18'41" WEST, A DISTANCE OF 39.48 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE EASTERLY; THENCE SOUTHERLY, ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 18,00 FEET, A CENTRAL ANGLE OF
13°54'43", FOR AN ARC DISTANCE OF 4.37 FEET; THENCE SOUTH 89°57'15" WEST, NON-
TANGENT TO THE LAST DESCRIBED CURVE, ALONG THE SOUTH BOUNDARY OF SAID
TRACT"C", A DISTANCE OF 16.97 FEETTO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA.
NOTE; THE BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF ATLAS TERMINAL
APARTMENTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 147,
PAGE 67, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, THE SOUTH
BOUNDARY OF TRACT "C" BEARS NORTH 89°57'15" EAST.
CERTIFICATE;
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER
61G17-6 (FLORIDA ADMINISTRATIVE CODE), MINIMUM TECHNICAL STANDARDS FOR
LAND SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL LAND
SURVEYORS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAP'f'ER 472.027 OF
THE FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF OUR
KNOWLEDGE AND BELIEF.
SHEET 1 OF 2
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PLAT BDDK 147, PACE 67,
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CHECKED BY, TCS
F.B. N/A PG.
DATED 10.-19-01