2001-028 RESOLUTION NO. 2001-28
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA PROVIDING THE
DEDICATION OF A DRAINAGE EASEMENT FROM
AVENTURA MALL VENTURE TO THE CITY OF
AVENTURA: AUTHORIZING THE CITY MANAGER DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, the City required a drainage outfall for the Government Center to be
located at the northwest corner of West Country Club Drive and the Lehman
Causeway;
WHEREAS, a portion of the drainage outfall is located on Aventura Mall Venture
property;
WHEREAS, the City requires said easement to maintain and access the
drainage outfall currently located on private property;
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 storm
drainage facilities easement documents, is hereby accepted and dedicated to the City
of Aventura and the City Manager is hereby authorized to cause such easement
documents 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 said
documents.
Section 2: That the City Manager is authorized to take all action necessary to
implement the purposes of this Resolution.
Resolution No. 2001-2~8
Page 2
Section 3: That this Resolution shall be effective immediately upon adoption
hereof.
The foregoing resolution was offered by vice t~a¥or Cohen , who moved its
Commi ssioner
adoption. The motion was seconded by Cross.an and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger xes
Commissioner Jay R. Beskin
Commissioner Danny Srossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert absent
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow ;yes
PASSED AND ADOPTED this 5th day of June, 2001.
.~Y M'~. PERLOW, MAYOR
ATTEST:
T ESAM ~OR KA CDC
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Reserved for Circuit Court
Section Township_ Range.
This instrument prepared by:
Dar Gennett, Esq.
19501 Biscayne Blvd., Suite 400
Aventura, FL 33180
(305) 933-5565
City of Aventura
STORM DRAINAGE FACILITIES 'EASEMENT
On this __ day of ., 2001, ,
having an address of 19501 Biscayne Boulevard, Suite 400, Aventura, Florida 33180,
(hereinafter "Grantor"), expressly grants an easement to the City of Aventura, a municipal
corporation of the State of Florida, having an address of 2999 N.E. 191st Street, Suite 500,
Aventura, Florida 33180, (hereinafter "Grantee"), subject to the follgwing provisions and in
consideration of the sum ofTen Dollars ($10.00) and other good an valuable considerations paid
by Grantee to Grantor, receipt of which is hereby acknowledged by both parties. Grantor is the
fee simple owner of that parcel of real property, a legal description of which is attached hereto as
Exhibit "A", and incorporated by reference herein, (hereinafter "the servient estate").
1. Grantor hereby grants, to grantee, its successors and assigns, a perpetual easement
under, over and upon a portion of the servient estate, a legal description of which is attached
hereto as Exhibit "B" and incorporated by reference herein, (hereinafter "the easement area").
2. Grantee may use the easement area for construction, operation and maintenance
of storm drainage facilities (hereinafter "SDF") with the hght to make repairs or remove such
SDF.
3. Grantor may, for its own purposes, utilize the easement area and shall retain a
right of free ingress and egress under, over and upon the easement area, in a manner compatible
with the SDF.
4. The provision of the easement shall be binding on the parties hereto and their
respective successors and assigns as a covenant running with the land and shall benefit Grantee's
Government Center Parcel, a legal description of wb_ich is attached hereto as Exhibit "C".
5. The easement shall not be released or amended without consent of the Grantee as
evidenced by a document signed with the same formalities as this document.
6. Grantee shai1 record tiffs document in the Public Records of Miami-Dade County,
Florida.
7. This instrument (including all exh/bits attached hereto) contains the entire
agreement between the parties relating to the rigjats granted and the obligations assumed pursuant
to this instrument. Any oral representations or modifications concerning this instrument shall be
of no force and effect, excepting a subsequent modification reduced to writing, signed by the
party to be charged therewith.
8. No construction or installations in and around the Easement Area other than SDF
shall be permitted without Grantor's written approval prior to the commencement of the work.
All such work shall be performed: (i) at the sole cost of the City; (ii) in a good and workman
like manner; and (iii) in accordance with all applicable legal requirements. The City shall require
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any contractor or subcontractor performing work within the Easement Area to remove and
dispose, of all debris and rubbish caused by the work at intervals which shall assure no
interference with the remainder of Grantor's adjacent property. The City shall provide reasonable
traffic control during construction of the SDF, such as signals or flagrnen to avoid undue delay to
traffic entering or exiting the Grantor's property.
9. The City's right of ingress and egress to the Easement Area shall be subject to the
reasonable requirements of Grantor and exercised in such a manner so as to minimize
interference with the business operations being conducted on Grantor's property.
10. Upon completion by the City of the SDF, the Easement Area shall be restored by
the City to substantially the same condition which existed immediately prior to such work,
including, if applicable, the reinstallation of all curbing, paving, sidewalks, guardrails, light
. poles, landscaping, automobile access curbs, irrigation and signage. The City shall coordinate
such restoration with Grantor. The City shall maintain and keep the Easement Area, including
the SDF located thereon, in good order, repair and condition. The City shall, at its sole cost and
expense, make all necessary and legally required structural and nonstructural repairs to the
Easement Area and the SDF arising out of its use of the Easement Area and the SDF. If the City
fails to repair, maintain or improve the Easement Area as provided herein, Grantor may perform
the required work and charge the City for all costs associated with such work, in which event, the
City shall reimburse Grantor for all of such costs within thirty (30) days after receipt of such
demand supported by receipts or invoices for such work.
11. If, at any time during the term of this Easement, the SDF or other improvements
within the Easement Area shall be damaged or destroyed by accident or other casualty of any
kind or nature or as a result of the acts or omissions of the City's use of the Easement Area or the
SDF, the City, at its sole cost and expense, shall proceed with reasonable diligence to repair,
restore, replace or rebuild the same as nearly as possible to its condition and character
immediately prior to such damage or destruction subject to changes or alterations as City may
elect to make subject, however, to Grantor's approval of such changes.
12. The City shall indemnify and hold Grantor, its successors and assigns, harmless
from and against any and all liabilities, demands, fines, penalties, claims (and expenses,
including, without limitation, reasonable attorneys' fees) and any suitl proceeding and cause of
action of every kind and nature where injuries to persons or property are suffered arising from
any negligent or intentionally tortious act or omission of the City, its employees, agents,
contractors or subcontractors, in the use, operation or maintenance of the Easement Area,
including the SDF. The City, at its sole cost and expense, sha!l defend all such actions, suits or
proceedings and satisfy all judgments, orders or decrees with respect to the foregoing. This
paragraph is subject to the limitations of Section 768.28, F.S.
13. Should the City abandon the use of the Easement Area or remove the SDF and
fail to replace, repair or modify same within six (6) months of commencement of such
abandonment, then and in such event, all rights and privileges hereunder shall cease and the
easements, privileges and rights herein granted shall revert to Grantor. In such event, the City
agrees to execute upon demand a release of this Easement.
14. Grantor shall retain all existing rights of title and possession in the Easement Area
subject to the City's rights to utilize the Easement Area subject to the terms contained herein.
The rights of title and possession of Grantor include, without limitation, the right to use the land
affected by the easement for normal business purposes, the right to install and maintain paving,
sidewalks, curbing and other improvements as would be customary in conjunction with Grantor's
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use of its contiguous property; the right to grant easements for other utilities and to install and
maintain other underground or aboveground utility service lines across the Easement Area.
15. The Easement granted herein is not intended, nor shall it be construed as creating
any rights, in or for, the benefit of the general public and this Easement is not intended to, and
should not be, construed to dedicate the Easement Area to the general public.
16. In the event it becomes necessary to enforce through litigation, any term or
condition of this Easement, the prevailing party shall be entitle to recover from the non-
prevailing party all of its costs and reasonable attorneys' fees at the trial and in all appellate
levels. This Easement shall be construed according to and governed by the laws of the State of
Florida.
1N TESTIMONY WHEREOF, Grantor and Grantee have caused this to be signed as of
. the day of ,2001.
Signed in the presence of: GRANTOR:
AVENTURA MALL VENTURE,
a Florida general partnership
By: Turnberry Aventura Mall Company,
Ltd., a Florida limited partnership,
general parmer
By: TAMCO, Inc., a Florida corporation,
its managing general partner
Witness: ~,
Name:k.~l ~ ,¢':[-,t,-J <~ (~"/XF' By:
Wi~ne~.. ~(A~ (~ Jac etary
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Signed in the presence of: GRANTEE:
CITY OF AVENTURA,
a municipal corporation of the
State of Florida
N~rne: ~ D(~ tq- I Dld ~f) By:
· ' ' Print Name:
Witnes~/..~,~5~ Title:
Name:
#17394 vl 04/18/01
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~ar 02 O1 Ol:~Sp p.2
j CARNAHAN, PROCTOR. CROSS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 2936
DESCRIPTION AND SKETCH
(NOT A SURVEY)
20 FOOT DRAINAGE EASEMENT
AVENTURA GOVERNMENT CENTER
LEGAL DESCRIPTION
A 20 FOOT STRIP OF LAND LYING IN TRACT Q, "AVENTURA SIXTH ADDITION", ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF TRACT ~R', ACCORDING TO SAID PLAT, SAID POINT ON
THE ARC OF A CrRCULAR POINT TO THE LEFT, AT WHICH THE RADIUS BEING NORTH 81'11'29" EAST,
THENCE SOUTHERLY ALONG THE ARC OF SAiD CURVE HAVING A RADIUS OF 4636.66 FEET AND A
CENTRAL ANGLE OF 09'27"49', A DISTANCE OF 7§9.14 FEET TO THE POINT OF REVERSE CURVATURE TO
THE RIGHT, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1275.14 FEET
AND A CENTRAL ANGLE OF 08'01'25", A DISTANCE OF 178.57 FEET TO THE POINT OF BEGINNING, (THE
LAST TWO COURSES BEING COINCIDENT WITH THE WEST RIGHT-OF-WAy LINE OF WEST COUNTRY
CLUB DRIVE, ACCORDING TO SAID PLAT); THENCE NORTH 8B'01'31' WEST, A DISTANCE OF 49.90 FEET;
THENCE SOUTH 39°1B'06" EAST, A DISTANCE OF 82.16 FEET TO THE POINT OF TERMINATION.
(SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO A POINT OF INTERSECTION SO AS
TO CREATE A CONTINUOUS STRIP. SIDELINES OF SAID STRIP TO TERMINATE AT THE EAST BOUNDARY
OF TRACT
LANDS SITUATE IN THE CITY OF AVENTURA, DADE COUNTY, FLORIDA
NOTES
ABBREVIATIONS
SURVIEYOR'S CERTIFICATION
Mar 02 O1 Ol:~5p
P.O~,C.
O.(]9' 27'4g"
TRACT "O"
20' DE'NAG[ E~EMENT