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2002-022RESOLUTION NO. 2002-22 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF DEDICATION OF EASEMENTS FROM GULFSTREAM PARK RACING ASSOCIATION AND DAYTON-HUDSON CORPORATION TO THE CITY OF AVENTURA TO INSTALL, ACCESS AND MAINTAIN THE STREETLIGHT ELECTRICAL SYSTEM ON NE 213TM STREET: AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING ACCEPTANCE OF DEDICATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 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: The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3: That this Resolution shall be effective immediately upon adoption hereof. The foregoing resolution was offered by Commissioner Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Cohen and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Manny Grossman yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Jeffrey M. Perlow yes Resolution No. 2002- 22 Page 2 PASSED AND ADOPTED this 7th day of May, 2002. ~¥,~cSA M. SOR(~ LERK APPR~.~.,~L GAL SUFFICIENCY: CITY ATTORNEY TH1SINSTI~YMENT pREPARED BY AND SHOULD BE RET~D TO: DanaJ. Schindler, Esq. WEISS SEROTA HELFMP~ PASTORIZA & GUEDES, PA. 2665 SouthBayshom D6.v~ Suite 420 Miarni, FL 33133 (305)854-0800 For Recording Purposes Only EAS EVlENT THIS EASEVIENT (this "Easement")is made this I~ day of Apr', 2002, by GULFSTRK4M PARK RACING ASSOCIATION, ][NC, a Florida corporation, having an address at 901 South Federal Highway, Ha!landale~ Florida 33009 (hereinafter referred to as the "GRANTOK"), to and in favcr of the CITY OF A'VENTUR& a Florida municipal corporation, having an ad&ess at 19200 West Country Club Drive, Aventura, Florida 33180 (hereinafter referred to as the "GRANTEE"). REC I T A__LS: GRANTOR owns fee simple title to certain real property locoted in Miami-Dade County, Florida, as more particularly described in Exhibk "A" attached hereto and by this reference made a p art hereof (the "Prop erty"). GRANTOR has agreedto grant to GR. ANTEE an non-exclusive, perpetual, easement for the limited purposes of: (i) instell{n~ maintaining and replacing landscaping upon the Property; and (ii) installing, maintaining repairing and replacing utilities related soldy to the malnttmanee of the landscaping installed up on the Property such as above-ground and underground irr~ t~on and s!0rinkler systems, subject to the terms and conditions herdnafter set forth. NO W, TMFREFORE, for and in consideration of the prem/ses and the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valmble consideration, the receipt and sufficiency of which is hereby acknowledged, theparties hereto do hereby agree as follows: 1. Recitals. The parties acke~wledge that the foregoing recitals are true and correct and hereby incorporated into this Easement as if fully set forth herein. Z Grant of Easement. GRA2qTOR does hereby grant and convey to the GRANTEE and its licensees, agents independent conlractors, successors and assigns, a non-exclusive, perpetual easement in, over, under, upon, across and through the Property for the limited purposes of installing and mair~aining landscaping and related utilities such as above-ground and undo:ground irrigation and sprinkler systems, as well as ingress and egress in, over, under, upon, across and through the Property with full fights 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 accerdance with the plans and specifications prepared by O'Leary Design Associates, P.A. under Project No. 01-06-22-11 dated May 25, 2001, as mended (the "Plms and Sp ed.fications"). GRANTOR also authorizes the GRANTEE to remove existing lanclscaping on the Property in accordance with 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 3. Improvements and Restoration In the event the GRANTEE abardons the easement herein granted by faiJing to install the landscaping described in the Plans and Spedfications on or before June 30, 2002 or by making known its intention not to malrttain the landscaping as othffwise required by tings grant of easement, then the GRANTEE shall restore the Property and any improvements thereon to their prier existing condition at no cost or expense to GRANTOR unless suchrestorationis required due to the acts or omissions of GRANTOR. GRANTEE shall use its best efforts to not to impa't to GRANTOR's ongoing activities on the Property in exercising its fights hereander. GRANTOR and its sucmssors and assi~, a~s not to b~il~ construct or create, or permit others to build, construct or creme any buildings, structures or other improvements on, over or under the Property that may inta'fere with the any landscaping or irrigation sysytems installed, constructed anclk)r maintained by GRANTEE on, over or under the Property and/or adversely affect GRANTEE's fights hereunder. 4. Warranties and Representations. GRANTOR does hereby covmant with the GRANTEE, that (a) it is lawfully seized and possessed of the Property; Co) it has good and lawful right to enter into this Easement and convey said easement; and (c) ali applicable corporate, partnership, trust or other requ/red authorizations, approvals or consents have been obtained and no other authorizations, approvals or consents are required to effectuate GRANTOR's execution and delivery oftkis Easement. GRANTOR acknowledges that GRANTEE is mater/ally relying on the representations as herdn expressed. 5. Covenants Running with the Land. This Easement, and the rights and interests created herdn shall ranwith the land and shall be binding upon and inuring to the benefit of the p an/es hereto and their respective successors and assigns. 6. Indemnification. To the extent permitted by law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, GRANTEE agrees to indemn/fy and hold GRANTOR harmless fromand a?nst any and all damages, liabilities, costs and matters relating to or arising out of the exemise of its rights under this Easement, except for any claims arising due to the acts or omissions of GRANTOR. 7. Miscellaneous. This Easanent shall be construed und~ the laws of the State of Florida. GRANTEE may, at GRANTEE's cost and expmse, recard this Easement and any amendments hereto in the Public Keccrds of Miami-Dade County, Florida. This Easement may only be modified, supplemented or revised in writing signed by the parties, or thek successors or assi~s, and any modification shall be effective only upon recerdation in the Public Rect~ds of Miami-Dade Couriy, Florida. IN WITNESS WI-II'EOF, GRANTOR has caused these presents to be executed by its duly authorized officer or rep msentative as of the day and y ear first above written. GRANTOR: GUL~-S TREAM PARK RACING AS S OCIATION, INC, a Florida corporation Name: Scott C. Savh Title: President STATE OF FLORIDA ) SS: COUNTYOF '-~>t'c~c.~a..( ~.. ) TInS IS TO CERTnrY, that on this [ ~ day of April, 2002, berate me, an officer duly autl-~rized to take acknowledgements in the State and County aforesaid, personally appeared SCOTt C. SAVIN, as President of GULFSTREAM PARK RACIN..G ASSOCIATION, INC., a Florida corporation, on behalf of the corporation, who (check one) [~-]'~m personally known to me or [ ] prodnced as idegi:ficafion. My Commission E~ires: Certain real property located in Miami-Dade County, Florida more particularly described as folbws: A PORTION OF TRACT "A" OF "DONN ACRES", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 76, AT PAGE 30, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCE AT THE N.E. CORNER OF TRACT "B" OF "AVENTUIKA COMMONS", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 151, AT PAGE 58, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE Nl°33'57"W FOR g0.00 FEET TO A POiNT ON A LINE 629.41 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLE, AND PARALLEL WITH THE NORTH LINE OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA; Ti-[ENCE S88°26'02"W, ALONG TIlE PREVIOUSLY DESCRIBED LINE, FOR 49,67 FEET; THENCE N?33'57"W, DEPARTING THE PREVIOUSLY DESCRIBED LINE, FOR 2.50 FEET TO POINT "A", SAID POINT ALSO BEING TIlE POINT OF BEGINNING OF A 5.00 FOOT WIDE EASEMENT LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE S88°26'03"W FOR 637.47 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 611.59 FEET AND A CENTRAL ANGLE OF 13°48'30'' FOR A DISTANCE OF 147.39 FEET TO THE POINT OF TERMINATION. AND COMMENCE AT THE ABOVE DESCRIBED POINT "A" TH]~NCE NI°33'57"W FOR 2.50 FEET; THENCE S88°26'03"W FOR 6.50 FEET TO TFIE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE NI°33'57"W FOR 13.00 FEET; THENCE S88°26'03"W FOR 25.00 FEET; THENCE Nl°33'57"E FOR I3.00 FEET; THENCE S88°26'03"E FOR 25.00 FEET TO TIq]g POINT OF BEGINNING. ALL OF THE ABOVE DESCRIBED PROPERTY LYING AND BEING IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA. THIS FORM NOT R~TURN ~OR TRANSfeRS ©F INT~R~T JN R~AL ~O~E~TY ACCEPTABL~ (PLEASE REA~ INST~UCTIONS ON THE ~AOK ~ THI~ ~ORM 8~OR~ COMPL~ING)  Use black ink. Enter numbers as shown below. If typing, enter numbers as shown below. ~ 1. Parcel identification Number ~~~~ / (If ParceJ ID not available Transaction is a split~/ Prope~ was improved 2, Mark (x) ail Multi-parcel ~ or cutout from with building(s) at time that apply transaction? ~~ another parcel? ~ of sa~e/transfer? 3. Grantor(Seller): ~ U b~ ¢~¢~¢ ~t~ ~C~ ~ ~JJO~,~ ~. Lest First MI Corpora e Name (if applicable) Mailing Address ~ City~ ~ State ' Zip Code Phone No. 4. Grantee(Buyer): ~ ~ oE Last F~rst MI Corporate Name (if applicable) Malting Address / City I State Zip C~de Phone No. 5. Date of Sale~ransfer Saleoransfer Pnce Located In ~ )County Co~s on Reverse) Month Day Year (Round to the nearest dollar.) 6. Type of D°cument G Contrac'Agreemenf ~Otherfo[ Deed 7. Are any mo,gages on the prope~y? If"Yes".outst,nding me,gage balance: YES ~ / ~ NO ~ WarrantYDeed QuitClaimDeed (Round to the nearest dollar.) $~~~ · 8. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer such as: Forced sale by cou~ order? Foreclosure pending? Distress Sale? ~tle defects? Co,active Deed? Minera~ rights? ~ Sale of a pa~ial or undivided interest? Related to seller by blo~d or marriage. YES / NO Conventional Seller Provided Contract for Deed Other Institutional/ 10. Prope~yType: Residential Commercial Industrial Agricultural Mi~ell~us Government ~aca~ Acreage ~meshare Mark (x) all 11. ,o the best of your ,nowiedge, was persona, prope~ YES~ / ~NO *~E~D~~ ~Cents included in the sale~ransfer? If 'Yes", please state the . amount a,ributable to the personal ,rope~. (Round to the nearest dollar.) *~E~~G 12. Amount of DocumentaW S~mp Tax ) . 13. if no tax is due i~ number 12. is deed exempt from Documentaw Stamp Tax under s. 201.02(6). Florida Statutes? YES / ~ NO Under penalties of peduW, I declare that I ha~ead the foregoing return an~hat the facts stated in it ~re t~e. If prepared by someone other E than the taxpayer, bis/her declaration is boo ~ ~1 i,formOn Owhich ~r has~ knowledge. S~gnature of Grantor or Grantee or Ag en~~ ~~~ Date WARNING: FAILURE TO FiLE THIS R~URN OR ALTERN~ E ~ RQ~DBY THE D~ARTMENT O¢ REV~UE SHALL RESULT ~N A PENAL~ OF $25.00 IN ADD~ION TO ANY OTHER PENAL~ IMPOSED BY THE R~UE ~W OF FLORIOA. (To be completed by the CIerk of the Circuit CourOs Office) Clerks Date Stamp O. R. Book and Page Number and File Number THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Dana .I. Schindler, Esq. WEISS SEROTA HELFMA1N ?ASTORIZA & GUEDES, P.A. 2665 South Bayshore Drive, Suite 420 Mianfi, FL 33133 (305) 854-0800 For Recording Purposes Only E A~qEMF, NT TillS EASEMENT (this "Easement") is made th/s 15~4' day of April, 2002, by TARGET CORPORATION, a Minnesota corporation, F/FdA DAYTON-HUDSON CORPORATION, a Minnesota corporation, having an address at c/o Property Tax Department T-1074, 777 Nicollet Mai, Minneapolis, MN 55402 (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 refen-ed to as the GRANTOR owns fee simple title to certaim real property located in Miam/-Dade County, Florida, as more particularly described in Exh/bit "A" attached hereto and by this reference made a part hereof (the "Property"). GRANTOR has agreed to grant to GRANTEE an non-exclusive, perpetual easement for right-of-way, utility and landscaping purposes as well as ingress and egress in, over, under, and upon the Property for the purpose of instalimg, constructing, maintaining, repairing and replacing any utilities and landscaping located on the Property, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the stm2 of TEN AND NO/I00 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 th/s Easement as if fully set forth herein. 2. Grant of Easement GRANTOR does hereby quit claLms and conveys to the GRANTEE and its licensees, agents independent contractors, successors and assigns, a non- exclusive, perpetual easement in, over, under, upon, across and through the Property for the purpose of installing and maintaining utility lines and landscaping as well as ingress and egress in, over, under, upon, across and through the Property with full fights and authority to enter upon and excavate the Property in order to install, construct, reconstruct, replace, improve, remove, inspect, repair and maintain such work. The parties acknowledge that the flfitial work to the Property shall be installed and constructed substantially in accordance with the plans and specifications prepared by O'Leary Desig~ Associates, P.A. under Project No. 01-06-22-11 dated May 25, 2001, as amended (the "Plans and Specifications"). GRANTOR also authorizes the GRANTEE to remove existing improvements and landscaping on the Property in accordance with the Plans and Specifications. Subject to the restoration provisions set forth in Section 3 hereof, GRANTOR also grants GRANTEE a licmase to temporarily locate its equipment and materials on the property of GRANTOR immediately adjoining the Property as may be necessary to perform the foregoing. 3. lmpr,wement~ and Re~tnration. In the event GRANTEE exercises its rights as set forth in Section 2 hereof, GRANTEE shall, subject to the work described in Section 2, restore the Property and any improvements thereon to their prior existing condition at no cost or expense to GRANTOR. GRANTEE shall use its best efforts to mLnimize any impacts to GRANTOR's ongoing activities on the Property in exercising ks rights hereunder. GRANTOR and its successors and assigns, agrees not to build, construct or create, or permit others to build, construct or create any buildings, structures or other improvements on, over or under the Property that may interfere with the improvements installed, constructed, operated and/or maintained by GRANTEE on, over or under the Property and/or adversely affect GtLkNTEE's rights hereunder. 4. Warrantie~ and Repre~ent~tlon~. GRANTOR does hereby covenant with the GRANTEE, that (a) it is lawfully seized and possessed of the Property; (b) h has good and lawful right to enter into this Easement and convey said easement; and (c) ali applicable corporate, partnership, trust or other required authorizations, approvals or consents have been obtained and no other authorizations, appmvals or consents are required to effectuate GRANTOR's execution and dehvery of this Easement. 5. Covenants Rnnning with the Land. This Easement, and the rights and interests created herein shall nm with the land and shall be binding upon and inuring to the benefit of the pm-ties hereto and their respective successors and assigns. 6. Miseellanen,~. 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 Miam/-Dade County, Florida. IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed by its duly authorized officer or representative as of the day and year ~st above written. WITNESSES: GRANTOR: TARGET CORPORATION, a Minnesota corporation, f/Ida DAYTON-HUDSON CORP., a Minnesota corporation By: Name: Title: Target Stores; STATE OF I'T'~iGn..~(54o-~ ) SS: COUNTY OF I'~:-{)FI.~ ,6t_rz: ) T~S IS TO CERT~, ~at on ~s / ~4~ day of April. 2002, before me, ~ officer duly au~ofized to t~e ac~owledgements ~ De State ~ Co~W ~ores~ personally appe~ed _ CO. OPTION, a Minnesota co¢orafio~ ~a DAMON ~SON CO~., a ~esota co~orafion, on beh~ of~e co¢orafion, who (check one) ['~ person~y ~o~ to me or [ ] produced ~ identification. NOTARY P6~BLIC Print Name:'-77xFrlmt/ f-~. My Corarmsslon Expires: ~f-~. KYT-TTI:ITT Certain real property located in Miami-Dade County, Florida more particularly described as follows: A portion of Tract "B" of AVENTURA COM2vlONS, according to the Plat thereof, as recorded in Plat Book I51, at Page 58, of the Public Records of Miami-Dade County, Florida, described as follows: Commence at the N.E. comer of said Tract "B"; thence S88°26'02"W, along the North line of said Tract "B" for 144.67 feet; thence S1°33'57"E, departing the North line of said Tract "B", for 2.50 feet to the Point of Beginning of a 5.00 foot wide easement lying 2.50 feet on each side of the folIowing described centerline; thence S88°26'03"W for 530.00 feet to the Point of Termination. OFFICIAL RECEIPT CLERK OF CIRCUIT & COUNTY COURT OFFICE OF THE RECORDER DADE COUNTY, FLORIDA W~lSS SEROTA HELFNtAN '~'~..% ~'A$?O~iZA & GL;~,~.S, P.A. 2665 South Bayshore Drive Su~Le MI=mi, Florrd~ FEES INT&NGIDLI TAX DOC ~ '~AYMENT THIS RECEIPT NOT VAUD UNLESa VALIDATED THIS FORM NOT R. o7/98 RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY ACCEPTABLE (PLEASE READ INSTRUCTIONS ON THE BACK OF THIS FORM BEFORE COMPLETING) I Use black ink. Enter numbers as shown below. If typing, enter numbers as shown below. ~ / (If Parcel ID not available p,ease ca,, County Prope,y Fi FII-CJ l--qE]E3 Fll--]E] FIF1E © Appraiser's Office) --* Transaction is a split ~' ~ Property was Improved E~ 2. Mark (x) all Multi-parcel r-~ or cutout from with building(s) at time that apply transaction? ---*L__J another parcel? --~ of sale/transfer? --+ 3. Grantor(Seller): ~ ~ ~-~,"~' f",~'3 f-(--r~o*",-~JJ'r--~-,-, ~ · - First ~ ' Last MI Corporate Name (if applicable) r, MGiling Address ' / City / State Zip Code Phone No. 4. Grantee (Buyer)' ~.. \ -T--~7/ O~-- ~ 'JO.~'~Jm"~ [' ~ Last First MI Corporate Name (if applicable) Mailing Address/ / City I State Zip Code Phone No. 5. Date of Sale/Transfer Sale/Transfer Price ~E~ / [~] / r-~E~'~"~ $~][]~i~'~[~]~E~['--] ~0~0~ Property ~'~-] CountyCode Month Day Year (Round td the nearest dCllar,) 6. Type of Document ~'~ C°ntract/Agreement ~'~Other 7. Are any mortgages on the property? If "Yes", YES E~ / ~--'~ N0 Deed r'~ QuitClaimDeed (Round to the nearest dollar.) $~--~[~ · ~-'~[] such as: Forced sale by coud order? Foreclosure pending? Distress Sa~e? ~tle defects? Corrective Deed? Mineral rights? ~-~ / [] Sale of a partial or undivided interest? Related to seller by blood or marriage. YES NO 9. Was the sale/transfer financed? YES ~--~ / [--~ NO If "Yesl', please indicate fype or types of financing: Conventional E~] Seller Provided E~ Agreement or Contract for Deed E~ Other [~ 10. Property Type: Residant~al Commercial Industrial Agricultural Miscellaneous Government VCc§nt Acreage T~meshare Mark (x) all that apply ~] E~] E~ ["--] E~ [~ E~ ' 11. To the best of your knowledge, was personat property YES~ // ~'NO $~-~E~E~E~-']~[~E~ c~.~n~ inctudec~ in the sale/transfer? If "Yes", please state the amount attributable to the personal property. (Round to the nearest dollar,) $ ~'-~ E~ E~ ~---~ ~ ~-'] [---] ~']~ 12. Amount of Documentary Stamp Tax · 13. If no tax is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes? YES ~ NO Under penalties of perju~, I declare that I have re, aC.4,he foregoing return and th~t~the facts stated in it are true. if prepared by someone other than the taxpayer, his/her declaration is based~~,on(all [~or~ation of ,which41 e/h~..~l~a~ g e. bsignature of Grantor or Grantee or Agent, ~'"- ~ , DGte --I ? WARNING; FAILURE TO FiLE THIS RETMRN OR AL~F~ R M ~)-P PRO V~-'~EB% y TH-~-E S EPA~R~ ~ENU% SHALL RESULT INA PENALTY OF $25.00 IN ASDFFiON TO ANY (To be completed by the Clerk of the Circuit Court's Office) Clerks Date Stamp O. R. Book and Page Number and File Number