2003-012RESOLUTION NO. 2003-12
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DEDICATING A TEN (10)
FOOT WIDE BY FIFTEEN (15) FOOT LONG EASEMENT
TO THE CITY OF NORTH MIAMI BEACH ON THE
AVENTURA COMMUNITY/RECREATION CENTER SITE;
PROVIDING FOR RECORDATION; AUTHORIZING THE
CITY MANAGER TO TAKE ALL ACTION NECESSARY TO
IMPLEMENT THE~PURPOsEs OF THIS RESOLUTION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura requires potable water service to the new
Community/Recreation Center located at 3375 NE 188th Street; and
WHEREAS, the City of North Miami Beach requires an easement for operation
and maintenance of water service lines for the new Community/Recreation Center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Easement dedication, as reflected on the attached
Easement, inclusive of the Sketch and Legal Description, is hereby accepted and the
City Manager is hereby authorized to cause such Easement 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.
Section 2. The City Manager is authorized to take all action necessary to
implement the purposes of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Holzberg, who moved its
adoption. The motion was seconded by Commissioner Rogers-Libert and upon being
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2003-]2
Page 2
PASSED AND ADOPTED this 4th day of February, 2003.
TEP/E'~/~ M. SO[I~OKAI CM(~
APPRO~VI~D AS TO LEGAL SUFFICIENCY:
CiTY ATTO R N E~'~~'~
City of North Miami Beach, Florida
PUBLIC SERVICES DEPARTMENT
April 15, 2003
Mr. Eric M. Soroka, City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Fla. 33180
Re: Recorded Easement Agreement & Bill of Sale - 3375 N.E. 188 Street
Dear Mr. Soroka:
Enclosed please find a copy of the recorded Easement Agreement and Bill of Sale for the City of
Aventura Recreation/community Center Project at 3375 N.E. 188 Street for your records.
If you have any questions or concerns, please call our office at the number shown below.
Sincerely,
Cheryl Frabizio
/cf
enclosures (2)
APR 1 7 2003
OFFICE OF THE
OilY MANAG~
17050 N.E. 19th Avenue · North Miami Beach, Florida 33162-3194 · Telephone: (305) 948-2967 · Fax: (305) 957-3502
KNOW ALL MEN BI' THESE PRESENTS:
2108 PGI, 850
BILL OF SALE
03R163577 200~ ~R it) ll:l&
VVHERBAS, CIT~ OF A~I~Ii'IJF%A
corporation doing business as CI'['~ OF A~I[N'I'URA
, a MUNICIPAL CORPORATION
, hereinafter referred to as "Party of the First Part", did
heretofore extend water main facilities of the CiTY OF NORTH MIAMI BEACH, a Florida Municipal Corporation, hereinafter referred to as"Part), of the
Second Part", whereby Party of the First Part agreed to furnish and install to the following described property located in Dado County, Flodda, to wit:
and after tile furnishing and inetallation thereof, to tronsfer and set over the same unto Party of the Second ~art- and
WHEREAS, Party of the First Part has furnished, constructed and installed to the property the personal property hereinafter described, and
now desfte~ to transfer and set over the same unto Party of the Second Part;
NOW, THEREFORE, for and in consideration of the sum of ten dollars ($10.00) and other valuable considerations to it in hand paid by Party
of Second Part, the receipt whereof is hereby acknowledged, Party of the First Part has granted, bargained, sold, transferred and delivered, and by
these presents does grant, bargain, sell, transfer and set over unto said Party of the Second Part, its successors and assigns, the following:
All pipes, mains, equipment, titlings, fire hydrants and Pacilltie s of eveN kind, description and nature
furnished, constructed and installed by Party of the First Part, used or to be used by Party of the
Second Part in connection with the supplying of water service now or hereafter ly ng above on
and beneath the property of Polly of the First Part as described above, er any part thereof, and
now or hereafter lying over, on and beneath any ar, d all presently or hereafter dedicated highways
streets, terraces, avenues, courts, alleys, public places and easement sthps as shown on any
hereafter recorded plat of said property, and now or hereafter lying over, on and beneath any
other property, public or private, used or to be used by Pad'/of the Second Part in connection
with the supplying of water se~Jce to the property of Party of the First Part, including but not
limited to the property set forth and described in the schedule hereto attached and made a part
hereof.
TO HAVE AND TO HOLD the same unto the said Party of the Second Part, its successors and assigns, forever.
AND said party of the First Part, for itself and its successors and assigns, covenants to and with said Party of the Second Part, its successors
and assigns that it is the lawful owner of the above described goods and chaftels; that they are free from all encumbrances; that it has good dght to sell
the same as aforesaid and that it will warrant and defend the sale of said property, goods and chattels hereby made unto said Party of the Second Part,
its successors and assigns, against the lawful claims and demands of all persons whomsoever,
IN WITNESS WHEREOF, the undersigned have caused these presents to be executed this [O day of
Signed, sealed and delivered
in the presence of:
Witness
Witness
gEIC M. SO~-CM, CIT~ MANAGER
~'EEESA M. SOP, OF, A, CMC, CITY CLERE
D.D HEREBY CER];IF..Y that op,thi..s day personally appeared before me, an officer duly authorized to adm roster oaths and take acknowJed ants
L~'~"' i'(' . jr~ . ,~) j.--¢--~ ~/)(~3~ , to me welt known to be the -arson's' descri ..... ' ' gm ,
- - · - ~ [ } oeo m aha who executed the foregoing Bil of Sale, and
acknowledgea before me that they executed the same freely and voluntarily for the purpose there n expressed.
" IVOIg rv HUDJlC
Persona y Know "'- ~ rl~
,2108kPGtt. 8$ l
~CfIfI~.DULE TO lllLL ¢)F,~;ALE
(~vm,N;~:s ~'-~4~!~ ....
TO C'T'I'y OJ: NORTII MrAMI BE^C'IT, Clatc(I February
33'
1
!
1
1
Fire hydrant assembly
6" double detecter check valve assembly
2" irrigation sarvice
Prepared by
ROSE ENGINEERING CONTRACTORS
~ Jamee B, Rooe-~resident
21099PGU9UB
EASEMENT AGREEMENT
C~bD THIS AGREEMENT made and entered into this ff day of
f~ ,200.,.~ , by and between the City of Aventura, 19200 West Country
rive, Aventura, FL, 33180, as First Party, and CITY OF NORTH MIAMI BEACH, a
Florida municipal corporation, hereinafter referred to as CITY.
DOCSTPDEE
HARVEY RUVIN,
0.60 SURTX L.4..
CLERK DADE COUNTY, FL
WltEREAS, First Party is the owner of the property described in Exhibit A, attached
hereto, in Dade County, Florida, and
WI~EREAS, First Party desires to cooperate with the City to provide better water service
to its property; and
WltrEREAS, Fkst Party has agreed to give the CITY the easements and privileges herein
set forth to construct and maintain the necessary mains and other needed facilities.
NOW, THEREFORE,
WlTNESSETIt:
That for and in consideration of the premises and in further consideration of the
sum of Ten Dollars in hand paid to First Party by CITY, receipt whereof is hereby acknowledged
by First Party, it is agreed as follows:
c:\winword\easementwtr\ 1
DATE
Initials:
Developer.~(~ ~](
2 i099PG49 ,
1. First Party hereby grants and gives the CITY, its successors and assigns, the
exclusive right and privilege to construct, maintain and operate in the property described in
Schedule "B" hereto attached and made a part hereof, for the construction, operation and
maintenance of water facilities (including transmission mains, distribution mains, supply pipes,
collection pipes, manholes, valves, connections, pumps and all other physical facilities and
property installations) that are required, including necessary rights of ingress and egress through
the property of First Party for such period of time as the CITY, or its successors or assigns,
requires such rights, privileges or easements for operation and maintenance of said system or
systems.
2. The CITY will endeavor not to damage any of the owner's property during the
maintenance or repair of any of the CITY's facilities. However, in the event there is damage to
the First Party's property in the easement caused by the CITY during maintenance and repair of
the CITY's facilities, the CITY will restore pavement, curb-gutter, sidewalk and sod at its cost.
The CITY will not be responsible for the cost of repaks to structures, landscaping, or any other
property lying within the easement should they be damaged by the CITY during their maintenance
and repair operations.
3. Nothing in the Agreement and the easement herein granted shall be construed to
prevent First Party or its successors in interest from granting exclusive or non-exclusive rights,
privileges and easements to other persons, firms and corporations, for furnishing utility services
c:\winword\easementwtr\ 2
DATE
Initials:
other than water service, providing the location of the other utilities are not located in an area
above the water facilities fi.om three (3) feet on one side of the facility to three (3) feet on the
other.
4. First Party covenants and agrees that all instrumems of conveyance executed by it
with respect to any parcel or parcels of its property shall comain a legend that such conveyance is
subject to the rights and privileges granted by this Agreement to the CITY, its successors and
assigns.
5. The foregoing provisions contained in this Agreement are hereby declared to be
reservations, conditions, limitations and restrictions running with the above described land and
each and every part and parcel thereof and shall be binding upon all subsequent owners and
purchasers thereof and ail grantees named in deeds of conveyance covering any part or parcel of
said land.
6. First Party does fully warrant that it has good title to the above property and that it
has full power and authority to grant this easement.
This Agreement shall be recorded by the CITY on the Public Records of Dade County
with the First Party to pay all costs of recording.
c:\winword\easementwtr\ 3 Initiais:
DATE
Devel~
ZlO99PG49 6
IN WITNESS WI-IEREOF, the parties have executed this Agreement the day and year
first above written.
Signed, sealed and delivered
in t~ presence/o~
S~gnamre of Witness #1
Printed Name of Witness #1
Printed Name of Wimess #2
BY:
ATTEST:
CITY OF AVENTURA
CI~GER .
ERIC M. SOR~M~-CM
19200 West Country_ Club Drive
FL 33180
19200 West County
Aventura, FL 33180
STATE OF FLORIDA COUNTY OF DADE
Before me personally appeared Eric M. Soroka. ICMA-CM and Teresa M:
to me well known, and known to me to be the individuals described in and who
[:/he :'
foregoing instrument of the above named City of Aventura. a Corporation, or having produced
currem drivers license as identification, and severally acknowledge to and before me that they
executed such instrument of said Corporation, and that the seal affixed to the foregoing
instmmem is the corporate seal of said Corporation and that it was affixed to said instrument by
c:\winword\easementwtr\ 4
DATE
Initials:
Developer:_~'' f
ZIO99PG4947
due and regular corporate authority, and that said instrument is the free act and deed of said
Corporation and did/did not take an oath.
WITNESS my hand and official seal, this
f .hrvoxc ,^.D. 20C
(Signatur~ of Notmy)
(Name ofNot~'y T~yped, Pri~texl or Stampec~l~ ~°,~
(Title or ~) ~~
.__ ,
. ~rl day of
c:\winword\easementwtr\ 5
DATE
Initials:
Developer: ~"~ /
City: ~
I099PG 9UB
THE CITY OF NORTH MIAMI BEACH hereby accepts this Grant of Easement
Printed Name
DFED
AS TO FORM
Printed Name
c:\winword\easementwtr\
DATE
6
Developer:
City:
Initials:
ZiO99PG4949
EXHIBIT "A" & SCHEDULE "B" ATTACHED
7
2~099PG~9§0
WATER LINE EASEMENT
A PORTION OF TRACT "A", HUBER TRACT, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 140, PAGE 58. OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT "A", THENCE NORTH
86°45'42'' EAST, ALONG THE SOUTH LINE OF SAID TRACT "A", FOR A DISTANCE OF 6.50
FEET TO THE POINT OF BEGINNING; THENCE NORTH 03°14'18'' WEST, FOR A DISTANCE
OF 10 00 FEET; THENCE NORTH 86°45'42" EAST, FOR A DISTANCE OF 1500 FEET;
THENCE SOUTH 03°14'18" EAST, FOR A DISTANCE OF 10,00 FEET; THENCE SOUTH
86°45'42'' WEST, FOR A DISTANCE OF 1500 FEET TO THE POINT OF BEGINNING;
SAID LAND LYING IN THE CITY OF AVENTURA, MIAMI-OADE COUNTY, FLORIDA,
NOTE: BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED SEARING THE WEST
LINE OF SAID TRACT ",~" BEARS NORTH 03°14,18" WEST ,~
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 CHAPTER 472027 OF THE FLORIDA
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF.
CRAVEN THOMPSON,
CERTI ! OF
TH~S ~
SIGNATURE
OF A FLORI
DOUGLA
PROFESSIONAL SU
STATE OF
THIS SKETCH IS NO'
SIGNATURE AND THE ORIGINAL
LICENSED SURVEYOR Al
~J~N 3 0 200!
L:XJOBSL2002\02-0013\LEGAI q\WAT~ ~e~,~-~ ~__
CRA\/EN 'THOHPSON & ASSOCIATES, INC.
ENGINEERS PLANNERS' SURVEYORS
3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400
FAX: (954) 739-6409
SC^LE: ;"= 60' SKETCH TO ACCOMPANY DESCRIPTIOI~
WATER ENE EASEMENT
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