99-047 RESOLUTION NO. 99-47
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, PROVIDING FOR
ACCEPTANCE OF EASEMENTS FOR DECORATIVE
STREET LIGHTING AND LANDSCAPING FOR
NORTHEAST 207TH STREET IN THE CITY OF
AVENTURA; AUTHORIZING CITY MANAGER TO OBTAIN
AND EXECUTE INSTRUMENTS CONCERNING
EASEMENTS; AUTHORIZING ACCEPTANCE OF
DEDICATION; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the owners of property adjoining a portion of Northeast 207th Street
have expressed an interest in granting an easement on a portion of their property
adjacent to Northeast 207th Street for purposes of installation and maintenance of
decorative street lighting and landscaping along Northeast 207th Street, within the City
of Aventura; and
WHEREAS, the City Commission finds that it is appropriate and in the best
interest of the public to facilitate the granting of the easements along Northeast 207th
Street and to accept the dedication of the easement parcel;
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the proposed easement parcels adjacent to Northeast 207th
Street, as indicated on composite Exhibit "A" attached hereto, is hereby approved by
the City Commission, subject to the requirements of this Resolution.
Section 2. That the City Manager is hereby authorized to obtain the Easement
Agreements which are to be granted for decorative street lighting and landscaping
purposes adjacent to Northeast 207th Street. Upon approval by the City Attorney as to
the legal form and sufficiency of the Easement Agreements, the City Manager is hereby
Resolution No. 994_2_7
Page 2
authorized, on behalf of the City, to execute and implement such Easement Agreement
and to accept the easements along Northeast 207th Street.
Section 3. That the City Manager is authorized to take all action necessary to
implement the purposes of this Resolution,
Section 4. That this Resolution shall be effective immediately upon adoption
hereof.
The foregoing Resolution was offered by Commissioner Rogers-LJ.bert
who moved its adoption. The motion was seconded by Commissioner
Berger , and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen ~,es
Commissioner Harry Holzberg )-es
Commissioner Jeffrey M. Pedow yes
Commissioner Patricia Rogers-Libert yes
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 7th day of/S'~tern~, 199~/
. SNY~E~,, r~AYOR
A~-FEST:
TERESA M. %OROKA, CMC~AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
THI,~ INSTRU~IENT PREPARED BY
AND SHOULD BE RETURNED TO:
Steven W. Zelkowitz, Esq.
WEISS SEROTA ltELFMAN
PASTORIZA & GUEDES, P.A.
:2665 South Bayshore Drive, Suite 420
Miami, FL 33133
(305) 854-0800
For Recording P~rposes Only
EASEMENT
LASAL1 ~T~IF~ ~j .EsA' SI~M~I~ (thilNsC' 'oEaseMEme;t ") iG;oml~deTit~is _ .FUND ,~ ~da~. ~co' ld~ 9a~t~ obny,
having an address at c/o LaSalle Advisors Limited, 200 East Randolph Street, Chicago, Illinois
60601, At~: Gavin E. Campbell (hereinafter referred to as the "GRANTOR"), to and in favor of
the CITY OF AVENTURA, a Florida municipal corporation, having an address at 2999 N.E. 191
Street, Suite 500, Aventura, Florida 33180 (hereinafter referred to as the "GRANTEE").
RECITALS:
1. 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").
2. GRANTOR has agreed to grant to GRANTEE an non-exclusive, perpetual easement
for street lighting and landscaping purposes as well as ingress and egress in, over, under, and upon
the Property for the purpose of installing, constructing, maintaining, repairing and replacing any
street lighting and landscaping locatexl on the Property, 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:
i. Recitals. The parties acknowledge that the foregoing recitals are true and
correct and hereby incorporated into this Easement as if fully set forth heroin.
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, perpetual
easement in, over, under, upon, across and through the Property for the purpose of installing and
maintaining street lighting (including electrical wiring necessary thereto) and landscaping (including
plantings and vegetation, ground forms, walkways, lighting and irrigation) as well as ingress and
egress in, over, under, upon, across and through the Property with full rights 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 initial work to
the Property shall be installed and constructed substantially in accordance with the plans and
specifications entitled "N.E. 207~ Street Improvements" prepared by O'Leary Design Associates,
P.A. dated August 1998, as amended.
3. Improvements and Restoration. 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 unless such restoration is required due to the acts or omissions of GRANTOR.
GRANTOR shall maintain the street lighting and landscaping it installs on the Property.
GRANTEE shall use its best efforts to minimize any impacts to GRANTOR's ongoing activities on
the Property in exercising its rights hereunder. GRANTOR and its successors and assigns, agrees
not to build, constmct 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 any
improvements installed, constructed, operated and/or maintained by GRANTEE on, over or under
the Property and/or adversely affect GRANTEE's fights hereunder, provided however, that
GRANTEE shall obtain GRANTOR's approval as to the specific location of such equipment and
materials.
4. 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
fight 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.
5. Covenants Rnnning with the Land. This Easement, and the fights and interests
created herein shall mn with the land and shall be binding upon and inuring to the benefit of the
parties hereto and their respective successors and assigns.
6. Indemnification.
6.1 GRANTOR does hereby indemnify and hold GRANTEE harmless
from any repair or replacements required to be made to the improvements and work installed by
GRANTEE pursuant to this Easement due to the acts or omissions of GRANTOR and its licensees,
agents and independent contractors.
6.2 Subject to the provisions and monetary limitations of Section 768.28,
Florida Statutes, GRANTEE does hereby indemnify and hold harmless GRANTOR from and
against any and all liabilities, damages, claims, costs or expenses whatsoever (including reasonable
attorneys' fees and costs at both the trial and appellate levels) (collectively, "Claims") arising from
GRANTEE's exercise of its rights under this Easement, except for any Claims arising due to the
acts or omissions of GRANTOR.
7. 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.
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.
WI'INESSES: GRANTOR:
LASALLE U.S. REALTY INCOME &
GROWTH FUND, INC., a Delaware corporation
Attest:
(~[~ePhen A.-,Smith, Sec~'e~ar¥
CITY OF AVENTURA, a Florida municipal
corporation
By:
Eric M. Soroka, Cit:
(MUNICIPAL SEAL)
ATTEST: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
BY:LTbresa M. ~_.jcoka~ C~4C/AAE By: ~
City Clerk
STATE OF ~ )
SS:
COUNTY OF ~t-~tC~ )
THIS IS TO CERTIFY, that on thisCd-V¥~'day of-4~:~Siza~4~_c/ , 1999, before me, an
officer duly authorized to take acknowledgments in the State and Cou/tty aforesaid, personally
LASALI,E U.S. REALTY INCOME & GI~OWTH FUND, INC., a Delaware corporation, on
behalf of the corporation, who (check one) [t~ personally known to me or [ ] produced
as identification.
KIMBERLY IlMMEL { Print Name: ~C~-~'-r~ ~,.~¢.;¢,....
tary Public, State of Illinois Ii My Commission Expires: ~x ~'~_a [,.o~_
omr~i~lll~§ I[t~+f~! $.pt. 20, 2000 ~
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE)
THIS IS TO CERTIFY, that on this ~-/,V' day of .~,.~'/.;¢,~¢' '~ , 1999, before me,
an officer duly authorized to take acknowledgements in the State ~md County aforesaid, personally
appeared ERIC M. SOROKA, CITY MANAGER, CITY OF AVENTURA, A~LORIDA
MUNICIPAL CORPORATION, on behalf of the corporation, who (check one) [~]~is personally
known to me or [ ] produced as identification.
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Certain real property located in Miami-Dade County, Florida more particularly described as
follows:
A strip of land Ten (10') Feet in width running along the entire southerly boundary
of Tracts C, D, and E, of BISCAYNE WATERWAYS FIRST ADDITION,
according to the Plat thereof, as recorded in Plat Book 126, Page 18, of the Public
Records of Miami-Dade County, Florida.
32800i\201asalle U.S. easement
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