Resolution No. 2016-18 Easement Dedication from Turnberry Towers Condominium Association Inc. - March 1, 2016 RESOLUTION NO. 2016-18
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF
EASEMENT DEDICATION FROM TURNBERRY TOWERS
CONDOMINIUM ASSOCIATION, INC. TO THE CITY OF AVENTURA TO
INSTALL AND MAINTAIN SIDEWALK ON THE EAST SIDE OF
TURNBERRY WAY; AUTHORIZING THE CITY MANAGER TO OBTAIN
AND EXECUTE INSTRUMENTS CONCERNING DEDICATION;
AUTHORIZING ACCEPTANCE OF DEDICATION; AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, the City wishes to provide sidewalk on the east side of Turnberry
Way for pedestrian access and safety between Yacht Club Way and the Beth Yaacov
Safra Congregation; and
WHEREAS, the existing City right-of-way is not wide enough to construct a
sidewalk on the east side of Turnberry Way between Yacht Club Way and the Beth
Yaacov Safra Congregation; and
WHEREAS, the City Commission finds that it is appropriate and in the best
interest of the public to facilitate the dedication of this private property, and to accept
the dedication;
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the easement dedication, as reflected on the attached
documents, is hereby accepted and the City Manager is hereby authorized to cause
such easements 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 authorized to take all action necessary to
implement the purposes of this Resolution.
Section 3. That this Resolution shall be effective immediately upon adoption
hereof.
The foregoing Resolution was offered by Vice Mayor Shelley, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put
to a vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2016-18
PASSED AND ADOPTED this 1st day of March, 2016.
•
"ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVA H, C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
1111111 II 11111111 111111111111111111111111 Jill
• CFN 2019R0162067
OR BK 31363 Pss 3527-3533 (7Pss)
THIS INSTRUMENT PREPARED BY RECORDED 03/13/2019 11:33:32
AND AFTER RECORDING RETURN TO: DEED DO(: TAX $0,60
SURTAX $0.45
HARVEY RUVIN, CLERK OF COURT
Lillian M.Arango,Esq. MIAMI--OADF COUNTY: FLORIDA
Weiss Serota Helfman Cole&Bierman,P.L.
2525 Ponce de Leon Blvd.,Suite 700
Coral Gables,FL 33134
(305)854-0800
For Recording Purposes Only
GRANT OF SIDEWALK EASEMENT AGREEMENT
THIS GRANT OF SIDEWALK EASEMENT AGREEMENT (the "Agreement") is
made as of this /5 day of /14,1 , 2016 ("Effective Date"), by and between
TURNBERRY TOWERS CONDOMINIUM ASSOCIATION, INC., a Florida Not for Profit
Corporation, having an address at 19355 Turnbeny Way, Aventura, Florida 33180 (hereinafter
referred to as the "GRANTOR"), and CITY OF AVENTURA, a Florida municipal
corporation,having an address at 19200 West Country Club Drive,Aventura, Florida 33180,and
its heirs, successors and/or assigns (hereinafter referred to as"CITY").
RECITALS:
1. GRANTOR is the Condominium Association for Turnberry Towers, a
Condominium, pursuant to the Declaration of Condominium recorded in Official Records Book
11209, Page 2602, of the Public Records of Miami—Dade County, Florida (the "Condominium"),
and has the power and authority to operate and manage the Condominium and grant easements on
portions of the Common Elements of the Condominium on behalf of the members or owners as
necessary for the proper operation and maintenance of the Condominium and the general health and
welfare of owners.
2. For the safety of pedestrians and proper access to and from the Condominium,
GRANTOR has agreed to grant a sidewalk easement to the CITY on a portion of the Common
Elements of the Condominium, consisting of approximately 275 square feet, which easement area
is legally described and depicted in Exhibit"A"attached hereto and made a part hereof(hereinafter
the "Easement Parcel"), for the purpose of a public sidewalk and right-of-way, and for all uses and
purposes incidental thereto, including, but not limited to, as a means of pedestrian access and
ingress and egress to and from the Condominium.
3. CITY has agreed to install, construct operate, repair and maintain certain sidewalk
improvements and facilities on the Easement Parcel in order to provide for pedestrian access and
C:\Users\Manager\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\MIIK4L5I\390201103-Sidewalk Easement Tumb Towers
Condo(City arty v3 add Assoc c .doc
safety, subject to the terms and conditions hereinafter set forth in this Agreement.
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 Agreement as if fully set forth herein.
2. Grant of Easement. GRANTOR does hereby grant to the CITY an exclusive,
perpetual easement on the Easement Parcel for the purpose of a sidewalk and public right-of-way,
and for all uses and purposes incidental thereto, including, but not limited to, as a means of access
and ingress and egress for pedestrians on, over, through and across the Easement Parcel, and for
the installation, construction, operation, repair, replacement, reconstruction and maintenance of a
sidewalk, road and all facilities and improvements incidental thereto, including paving, asphalt,
signage, drainage, utilities (overhead and underground), lighting, pedestrian and bicycle paths and
crossings, curbs, traffic signalization improvements and devices, and all facilities and
improvements incidental to a sidewalk and public road (hereinafter collectively the
"Improvements"). CITY shall have full rights and authority to enter upon and excavate the
Easement Parcel in order to install, construct, reconstruct, operate, replace, improve, repair and
maintain the Improvements.
GRANTOR also grants CITY a license to temporarily locate its equipment on the
Condominium property adjoining the Easement Parcel as may be necessary to perform the
foregoing installation and construction of the Improvements beginning with the date of
commencement of the work on the Improvements and continuing until the date that is the earlier
of(i) the date of completion of the Improvements, or(ii) 180 calendar days from commencement
of the work, unless extended by mutual written agreement of the parties. CITY shall provide
Grantor with not less than ten (10) days prior written notice of the date on which the CITY
intends to commence the Improvements.
3. Improvements and Restoration. CITY shall install and construct the
Improvements on the Easement Parcel in accordance with Miami-Dade County and City of
Aventura engineering standards, and shall provide adequate drainage and lighting thereon, as
necessary. By acceptance of this Agreement, CITY agrees to maintain and keep in good repair
the Improvements, at its cost, in accordance with City of Aventura maintenance standards, and
shall keep the Improvements and Easement Parcel clean and free of rubbish and debris. CITY
and/or Contractor performing the Improvements shall be responsible to identify and locate all
existing utilities and obstructions within the Easement Parcel, and shall be responsible for the
coordination of the Improvements with the associated utility owner and permitting agencies having
jurisdiction over the specific location to be verified.
GRANTOR, and its successors and assigns, shall not build, install, construct or create, or
permit others to build, install, construct or create any improvements, buildings, fixtures,
structures, facilities or any other obstructions (including fences or walls) on the Easement Parcel
that may interfere with the operation of the Easement Parcel as a sidewalk and public highway,or
interfere with or restrict in any manner access and ingress and egress on, over,through and across
the Easement Parcel, or interfere with or restrict in any manner the Improvements as set forth
herein. CITY agrees to restore the Easement Parcel to its pre-existing condition (subject to the
2
installation of the Improvements as provided for in this Agreement) in connection with any work
performed by the CITY pursuant to this Agreement, including replacement and restoration of
trees and landscaping, unless such restoration is required due to the acts or omissions of
GRANTOR.
4. Insurance. The parties hereto recognize that the Contractor performing the
installation and construction of the Improvements will be required to maintain general liability
insurance coverage against claims arising in connection with the Improvements on the Easement
Parcel for property damage and personal injury.
5. Warranties and Representations. GRANTOR does hereby warrant and represent
to CITY, that (a) it has the power, authority and right to enter into this Agreement and grant the
perpetual easement rights granted herein to CITY; (b) any and all applicable condominium,
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 Agreement (including any approvals and consents required pursuant
to the Declaration of Condominium for Turnberry Towers and owners and members thereof); and
(c) that the Easement Parcel is free and clear of all mortgages, liens, taxes, assessments, fees and
encumbrances that could prohibit or restrict the use of the Easement Parcel by CITY for the
purposes set forth herein. GRANTOR acknowledges and agrees that CITY is materially relying
upon the warranties and representation made by GRANTOR in this Agreement.
6. Covenants Running with the Land. This Agreement, and the rights and interests
created herein, shall run in perpetuity with the land and shall be binding upon and inuring to the
benefit of the parties hereto and their respective,heir, successors and assigns.
7. Enforcement; Attorney's Fees. GRANTOR and CITY shall each have the right
to enforce the terms of this Agreement, and the rights and obligations hereby created, by the
exercise of any rights and remedies provided under the laws of the State of Florida, including,
without limitation, the right to sue for damages for breach, injunction, or specific performance. In
the event either party institutes any legal action or proceedings for the enforcement of any right
or obligation set forth in this Agreement, the prevailing party shall be entitled to recover its costs
and reasonable attorney's fees incurred in the preparation and prosecution of such action or
proceeding.
8. Miscellaneous. This Agreement shall be construed under the laws of the State of
Florida. CITY shall, at its cost and expense, record this Agreement and any amendments hereto in
the Public Records of Miami-Dade County, Florida. This Agreement 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.
[SIGNATURE PAGES FOLLOW ON NEXT PAGE]
3
IN WITNESS WHEREOF,the undersigned have caused these presents to be executed by
its duly authorized officer or representative as of the day and year written below their signature.
WITNESSESS: GRANTOR:
SIGNED,SEALED AND DELIVER!D TURNBERRY TOWERS CONDOMINIUM
IN THE PRESENCE OF' ASSOCIATION,INC., a Florida Not for
PI k Profit Corporation
I + �.. �, ., / 6 By: /it
Print Name Name: ��,/f 1i.7 �b7.✓dc d
Title: �j �or,✓i
Print Name
Date Executed:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was sworn and acknowledged before me this If day of
A.�J , 201L, by e/ i,! GdE7.✓& , as ',63-40or of
TURNBERRY TOWERS CONDOMINIUM ASSOCIATION, INC., a Florida Not for Profit
Corporati • . - - - -• - 'or-.oing document on behalf of the corporation, and who is [ ]
personal • • l • -• as [ ] produced
as identification.00""rwi
9
��Q'c'� 5101y�Fs�ii���i i i to yam''u/b�llicc, Stat of �lz/
ci
402,
2pr9Tn. Print Name of Notary
* ••.+
*FF 179220 ;o` Commission No.
o eo„�a :•4: Commission Expires:
49���1111111 10 O ``\
4
IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by
its duly authorized officer or representative as of the day and year written below their signature.
WITNESSESS: CITY:
SIGNED,SEALED AND DELIVERED CITY OF AVENTURA, a Florida municipal
IN THE/jPRESENCE OF: corporation
cz4 ,llyl�l-
By: r
L/44-es Name:
Prin flume Title: ..4..„1 �'w.-�e
6 I adys 1rEam e
Print Name
Date Executed: q/i f!t.
ATTEST:
•
A A1Ad1 ,I
City Clerk
APPROVED AS TO FORM AND � ' e
LEGAL SUFFI ENCY *
kfrAN,
WV
_ mt
City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was sworn and acknowledged before me this(2xa day of
MCWit. , 2014_, by iFtf i Q. k..rte r yl(. , as C.) M. of CITY
OF AVENTURA, a Florida municipal corporation, on behalf of The City ant who is [tom'
personally known to me or who has [ ] produced IU C yr
as identification.
[SEAL] I ' ' f
Notary Public, State of
P''�. ANA THEALLET Print Name of Notary
?4P 1 Notary
My aryCoPublic
m. par-State es Feb f Florida Commission No.
•" � Commission a EE 877804 2017 6 Commission Expires:
4 ''�' 'd''' Bonded Through National Notary Assn.
5
EXHIBIT"A"
[Insert Legal Description and Sketch of Easement Parcel]
5-,_.: -.ITL• :F 4..',IEr',T . .LIK:ETCH AND ESC RIPTION
SIDE'A'.A.LK: EASEMENT
LEGAL DESCRIPTION:
A f'k71^e?fGVY CF TMACT EL FIF:94 AMDMON f51'SCAYI>5E rAGWTAND COUNTh'r CLJB. ACCT1c"TINc IV 174e. SAT TNEAIEGF, AS
RECCf'1.GO IN PLAT ROOK 99, PAG'i' 20, OF TA P1 'tO Rica:PM CF 1.4)Ald-!14.7[ =MTV, FLORIDA. 4*,S'R YPED A.5
FOLLOWS:
COMWENCE AT THE 5Q)T IAE5T 07. NEE CF 5AIi T,4ACT , Th5W,I 6.0.41,91 r147,2`EA.5T AWNO ri NEST.FIGIih1:ARY OF
SAO TRACT&I, A GYSTAIYCi' CF 1.!2.04 FE177 TD 7Ni. Pahl'GF EILC14N.WC. TAI NCfc CCV7Tfita ALAIt7 ihii LAST CiSCAVIBEC
COURSE NCR7W i1'4732"CAST A CtSTAHCE CG 192.84 FEET: TWiNCa SCu'?FP 765727'CAST, A DISTANCE Cr 4.or FUT
ThENIX 5Culfe 13TJ2'33' NEST, A AISTANCE OF r07.br FEET,. MENU S311Ts 22'4218" 110EST A A'STANCi OF 57.7r Far.'
THENCE MOW 1-n0'2r' NEST. A D15TA.4C C 2Z 54 FELT T 7hE POINT CIF 8EG'NNAIGI, T�'IE LAST Th'FfE (�,1 vESCITsep
CO¢RSGS LYU;C ALOLVC 'NE BACK OF A P YJ: S Ft�x *IDE E C'Ote'tYtfaTT t1EWALK SA.( PROPOSE.," fl,4CK OF 51r"I<WA0K
Lrhki' 8 FELT•u4STERLY Cc AND PARALLEL M1T?il. NNG.4 M.kASuRED AT ThY.li'T AN'CLES TO, NE E1rhh.Tri'G EAST LOGE OF
PA,'rEVENaT FOR Ti1Rh'SER,4Y WAY.
SAO LA.Sl7, !'('PATS .W Ails CI Y OF A VENTORA, M.IAN.'-i?ACi COUNTY, FLORIDA. CO.WTAITiffi% 195 SWANS NS FTI 1"R O.DC2
ACRES uDRE OS' LESS.
NOTES:
'G.S.%'',G_ '_'+.5.491' MVO% ARE BAWD DN AN ASSUMED 13E'A,RNO AND API' elfEREh'Otr7 7I7 hE NEST OCUW�^,ARY CIT.'TRACTEZ F. T'- ,Z.i,TCA a'SC.4 YA 'IT A(7 COUNTRY CLUB. .ACCO.4D,'N1 TI; T"E PLAT THEREOF, A5 RECORDED IN PLAT ROOK
0. PA,:t. 211 OF ThE FirOLXC RECOR9.5 OF 11f,'AIAr-DAOE CDUh7Y, FLGR.VA, Mfilfyt REARS NCR'Th' 15'4757"EAST.
71-0:, 1-,xLTC14 &'.D GESCIZIP7,IAW CONSISTS OF 2 SWEETS AND £A,D4 SWEET SHALL NOT RE COIV9DERSO FULL YALIY3'AND
,:::u.',5 UWLES5 ATTAcKeD 7t Ni O7NER.
CERT!FJCATEti
V& HERLSY CERTIFY THAT 'KS SWITCH ANY: OESCRIPTCN ANC OW FRIVIh'ENT DATA SKOIVN hEA'J<Cf4', OF 71;i ABOVE
DESIAbGu PROPERTY WAS WADE ON 714 G CUri17. CCfrFOYRMS 7C' NE STANDARDS CC PRACTICE FOR LAND SURVEwN'3 IN TI..lE
STATE CF FLOJROA, A5 OUTLINE" (N CHAPT`R ¢,F-17, ((FLO.4.'t7A ILPA NISTRA
ATIVE CGDE) AS ,9OQ'T7D BY OfPART/ILNT CIF
AG41cuLT ?j AND CCt;Su ER S ,cci.s. BJARD OF PROFESSONAL SLAteW S AND MAPCRS, PQ SUANT T) Cl.A 7.R
472.027, FLORIDA STAT1.17ES AND 17,wr SAID SUR'•EY IS 7Tui AND C ARiCT TO TWE DOT OF ouR WN"O$QEDGE AND 5EL(LF
CIRAVENJ 1H,v4PSDN & A5S-CG1A1E5. INC.
UCLNS1D BUSINEas NUMBER #27I
4AYIACNr3 YO..RtC
PRCFESSICNAL SLR'vEYCR .A,VD IMPIER N'0 5795
STATE CF FLORIDA
TAE IFE'TLM CF'IAM 4'I FE'3'T 7'11•E"31(5 114E21E01 AF[war'ow'A1M)..IT
u.'•.t_t,.',}f=,.1124-T.iDetil'tr4Y,A2.4)0 tta1:4'U.::+ : JLCv..LL E.i.T 11.f°Jr'I4TLFE Me RAEL7 SEAL Cf A FLC6I7a UC[RrSED WAWA A4J 144':#A.
1rc r,a;S.A.:KRC11 cr v:r.,er.the cry e v ark!mesa"w tta Oac,per tta.r hu.r Very UP C414'i and i ar 4E'+I'_I:!ti.+ 061E HY C7!'C,
Lie I•* 1' PH .41. '$•114 .4'1t. *tit.,141'47. t I•.1'1'.I-. vn I -1t.-t►f, .t' 1..
pepaaia, cr is,...rrtrn1IKY,•...r.N....eh
Th'.5,4. c..c...1 P444.•116:41,9,450.4P444.•116:41,9,4&4_t IS1E::1•C rt.r3, r.r..aaaas
A . . t paavem as
1.1..iA.b.a:L1 ,A..nF.1-...e..1....1.11.1,..
..1 Loan.
...1+,•-.,-..0,.
.
.r La:1,e..a.w,dha.%
aierrerr:a rirl Her ierhe earths a1 tilt.r.Thu r.rT,nnr I. rw. r^r4.4 1_ salves:it sin
434.1 esti etre..YIi'rr_erehr,Fr4J 1,t'iar,l 4•l,er'ntad I.T.td.r.1.,rr,1 •44y=11•r■
111. .111.31.141 tat■ we.1r1_r +ra r:5 drnrI.l 5c.6-4111...1-we:n1/..•..ar.r1.C nasi
CRAVEN•THOMPSON &ASSOCIATES INC. me NO.: 01-C+C3-2.a4 SHEET 3F 2 SHEET
EYCISEE9' • PWINIERS • SLP.vE( :w
teat\'r Ylw CT..T x:.s(►•n�i,4emu:sirs+.w►1110 An-she 1 ;ave; :.r-ere �,RAY1N BY: Hy F El h}A 1=,:- ^l:'',:
',ss..asW.A►•Iwbi 554 Sr&.h a.wean A inii%,a.1),
..zo-.a i.a.,.i;::n G?5 MAIM,K,:0w.i,.114•InsA,4 acax,.lis..:.AN s.su DATED: Di—C9—'E
,yr s Z>w'f..v,Y•'*•L,sr r KW?:.w...r.yere(ti•17(rsyyery,memo,free.:se :HECI{ED ay: TCS
6
A
OR BK. 31363 PG 3533
LAST PAGE
SIDEWALK EASEMENT LEGEND
'N Lwow
�1
L A
R RADIUS
d cEN7RA:. AN&E
1 1
--_ ._5 SOLADARr TRACI'DO
is.
J5.
.0' WogrAlgY ACF AW
1
iit w
_ _ _Al 1T CLUB ROAD _ I '�'1i
iPaq T PP _ - —_, JJ�-
. N
ii 1
..._ S. R�Y?AD_ MA CT PF ) a; 4 S W5717"S
M. 026AVARY TRA T-F�- 4.01• [�
y
*EARN:EASE!
1 '1
N»r4rarE 1RzdY ' +� �` &+ W
/ �So * Q u U ai` x`.
w L EJ c Q a, t-
1 # 4^ � a
IjjIi ,� r a T
C ati <1 t Q rMr*,or 4 .
Zr 5- coSIL;1.) ,i•-•' .N._ .1.,. a i.g "�j' Q�Jrf`s �1 r �r
J ' 14.1* J( i ---- S,12+42'19'W
C >) Qo 1* t 1 _ S'227'27'W
2/.54'
1 ,� '�' ----F'CINT CF EEG PINING
1 L1off ,, r ,dly3.•'�' 4` W' tam 11ai (11 -1.'
ww , s -
• =� . r ///t !
POINT OF COMMENCEMENT
` '''`-s`1 =_-_ ..'W.CORNER TRACT I-
�`r,YSr
' rsy - 120'
NM
OMMININI
4fy,��A5�? it r,0? GRAPHIC SCALE N FEET
meq& `, ��`
c oiVor,�a32/.":M!EHIT IwY4:euoltoZ holal:9:+}t llcarwuc E:zrvT
CRAVEN•THOMPSON &ASSOCIATES INC. JOB NO.: 01-0103-224 SHEET 2 Cr _HEFT_:
EY
coavis PLO:MIIRS • ELRvET '_
1 cru x at xw L. wvr urnte.c. silos:ma OM)lL.4.Co Tit_ ca»;7s-11wtb DRAWN BY: Ry FB N/A I-C: Y;':,
:::.AM WWII c ss+iyvs•itollosne Aur iaa n.ill
WM*.sv.aw mccra•IS K AltAirn,a CFAAN-nuvaM a a:isuwcc ma MO swu HE•^_KED By: TC5 DATED: 02—C'3—'e
K.'4 gawm,iir Al•nt Pr A N!►.r9L].r.SLY L STh e7ri r()nit
7