2003-023RESOLUTION NO. 2003-23
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF A NON-
EXCLUSIVE EASEMENT FOR BIKE PATH RELOCATION ON THE
SOUTH LIMIT OF CC-AVENTURA INC. PROPERTY; AUTHORIZING
THE CITY MANAGER TO RECORD ALL INSTRUMENTS
CONCERNING THE DEDICATION OF EASEMENT; AUTHORIZING
ACCEPTANCE OF THE DEDICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the owners of the development known as the Classic Residence by
Hyatt at 19333 West Country Club Drive have executed a Non-Exclusive Easement for
Bike Path in favor of the City of Aventura to relocate a portion of the existing path on its
southerly property limit; and\
WHEREAS, the City Commission finds that it is appropriate and in the best
interests of the public to accept the dedication of this easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Non-Exclusive Easement for Bike Path, as reflected on
the attached easement document from CC-Aventura Inc., 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 easement and instrument of
conveyance.
Section 2. That the City Manager is authorized to take all action necessary to
implement the purpose 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 Berger, and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Gmssman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2003-23
Page 2
PASSED AND ADOPTED this 11th day of March, 2003.
APPROVEQAS TO LEGAL SUFFICIENCY:
CiTY ATT N
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
David P. Barker, Esq.
GRONEK & LATHAM, LLP
390 NoAh Orange Ave., Suite 6009
Orlando, FL 32801
(407) 481-5800
EXHIBIT #1
NON-EXCLUSIVE EASEMENT FOR BIKE PATH
THIS NON-EXCLUSIVE EASEMENT FOR BIKE PATH is made this~?~ day of January,
2003, between CC-AVENTURA, INC., a Delaware corporation ("Grantor"), whose address is 200
West Madison Street, Suite 3700, Chicago Illinois 60606 in favor of THE CITY OF AVENTURA, a
politicel subdivision of the State of Florida ("Grantee"), whose address is 19200 West Country
Club Drive, Aventura, Florida 33180.
WITNESSETH:
WHEREAS, Grantor is the owner of real property situate in Dade County, Florida, and
described as follows:
See Exhibit "A" attached hereto and incorporated herein by this
reference (the "Property')
and
WHEREAS, the Grantee desires a non-exclusive easement for relocation of an asphalt
bike path unto the ProperS, and
WHEREAS, the Grantor is willing to grant such non-exclusive easement to Grantee on the
terms and conditions set forth below.
NOW, THEREFORE, for and in consideration of the mutual covenants each to the other
running and ten dollars, receipt of which is acknowledged by Grantor, and other valuable
consideration, the Grantor does hereby grant unto the Grantee, its successors and assigns, a
non-exclusive, perpetual easement, with permanent, full and free right and authority for ingress
and egress on, over and across a portion of the Property described in Exhibit "B". attached hereto
for the purpose of constructing, installing, owning, maintaining and use for the public of a paved
bike path (the portion of the Property described on Exhibit B is referred to herein as the
"Easement ProperS').
Except as especially set forth herein, the Grantor reserves the right to utilize the Easement
Property for any purpose which does not materially adversely interfere with the use of the
Easement Property by Grantee and its successors and assigns for the purposes set forth herein.
Grantee, at Grantee's sole cost and expense, shall construct and install the bike path and
related improvements, and once constructed, Grantee shall maintain the bike path and related
improvements, and shall cause the surface of the Easement Property and any improvements
affected by any maintenance or other activities of Grantee on the Easement Property to be
restored to the same condition existing prior to Grantee's maintenance activities on the Easement
Property.
To the extent permitted by law, the Grantee agrees to indemnify and hold harm[ess the
Grantor from and against any and all claims, actions, causes of action, loss, damages, injuries,
liabilities, costs or expenses, including without limitation attorneys' fees (whether incurred before,
during or after trial, or upon any appellate level), arising from the Grantee's use of the Easement
Property or from the exercise by the Grantee of any rights granted by this Easement.
IN WITNESS WHEREOF, the undersigned has caused this Easement to be~h~reunto
executed, by its proper general partner and officers thereunto duly authorized, on this ~ day of
January, 2003
WITNESSES:
~ ,.,' s-~ ~-, % ~- ~ ~-j~'
Print/Type Name
Signature (_2
Print/Type Name
STATE OF .-._T///~o'¢
COUNTY OF
CC-AVENTURA, INC., a Delaware corporation
Na/te: ,,/~2r,,¢~" /~?/~ .
Title: - ~/¢ ~ ¢~
(CORPO~TE SEAL)
The ¢oregoing instrument was ackng~,, ledge~, before me this g day of January, 2003,
by ,t¢'~-'~%¢P/fli/rD~ , as r~'c~ c-~.ri~ ,o-//- of CC-Aventura, Inc., a
Delaware corporati~)n, on behalf of the corporation. He/She is ~ personallyknown to me or
[ ] produced as identification.
Signature of Notary
FEUC~A A. BATES
NOTARY PU BUC, 8TATEOF IUJI~O~ ~ Name of Notary (Typed, Pdnted or Stamped)
Commission Number (if not legible on seal).
My Commission E~pires (if not legible on seal):
C:\Oocuments and Settings\f~ates\Local Settings\Temporarylntemet File$\Ct. K2. E\Sike Path Easement 001,doc
2
JOINDER, CONSENT AND SUBORDINATION
TO GRANT OF EASEMENT
LASALLE BANK NATIONAL ASSOCIATION, as collateral agent, as the owner and the holder
of the following described mortgage and related documents:
Consolidated, Amended and Restated Construction Mortgage and Security Agreement with
Assignment of Rents in the amount of $79,990,000.00 from CC-AVENTURA, INC., a Delaware
corporation to LASALLE BANK NATIONAL ASSOCIATION, as Collateral Agent, dated July 24,
2001, recorded August 13, 2001 in Official Records Book 19840, Page 3538, MIAMI-DADE
County Records.
Assignment of Leases and Rents between CC-Aventura, Inc., a Delaware corporation to LaSalle
Bank National Association, recorded August 13, 2001 in Official Records Book 19840, Page 3564,
MIAMI-DADE County Records.
Financing Statement between Classic Aventura, Inc. and LaSalle Bank National Association, as
Collateral Agent, recorded August 13, 2001 in Official Records Book 19840, Page 3573, MIAMI-
DADE County Records.
(the foregoing instruments collectively referred as the "Loan Documents")
hereby joins in and consents to the foregoing Non-Exclusive Easement for Bike Path to the City of
Aventura, and agrees that the lien of its Mortgage described above and the other Loan Documents are
subordinated to the:foregoing Easement.
JNWITNESSES WHEREOF, the undersigned has caused this instrument to be executed as of
the ~-'~l,x day of January, 2003.
LASALLE BANK NATIONAL ASSOCIATION,
as collateral agj~nt
By:__
Name:
Title:
STATE OF '~"L )
COUNTY OF C~el~ )
~ The~o,r~.going instrument was acknowledged before me this ~2¢/,' day of January, 2003, by
~t,)~-~/..~ I!~)1X)¢.,7... as '~ O~ ~'~z"~--~)DE/v"~-' of LaSalle Bank National Association.
He/She ~X] is personally known to me or [ ] has produced as identification.
Notary Public:
Name Printed:
Commission No.:
Commission Expires:
(NOTARY SEAL)
3 ~ "OFFICIAL SEA" *
t Notary p~ ~OWN =
Exhibit "A"
The Property
A Portion of Tract HH, of Fifth Addition Biscayne Yacht and Country Club, according to the Plat
thereof, recorded in Plat Book 99, Page 20, of the Public Records of Miami-Dade County, Florida,
bein9 described as follows:
Beginning at the Southeast corner of said Tract HH; thence South 74002'45'' West along the South line of
said Tract HH for 92.47 feet; thence South 78°09'37" West for 348.43 feet to a point on the arc of a curve
concave to the Northwest said point bears South 15°57'15" East from the center of said curve; thence
Southwesterly along the arc of said curve to the right, having a radius of 5569.58 feet and a central angel
of 1°16'28" for an arc distance of 123.89 feet to a point on the arc of a curve concave to the Northeast said
point bears South 45°05'41" West from the center of said curve; thence Northwesterly along the arc of said
curve to the right having a radius of 50.00 feet and a central angle of 35°18'51'' for an arc distance of
30.82 feet to a point of reverse curvature; thence continue Northwesterly along the arc of said curve to the
left, having a radius of 1421,14 feet and a central angle of 8040'49'' for an arc distance of 215.30 feet to a
point of reverse curvature; thence Northwesterly along the arc of said curve to the right having a radius of
4510.66 feet and a central angle of 0024'09'' for an arc distance of 31.69 feet; thence North 58°55'12" East
for 422.48 feet to a point on the arc of a curve concave to the Nor[heast, said point bears South 40°33'01"
West from the center of said curve; thence Southeasterly along the arc of said curve to the left having a
radius of 790.00 feet and a central angle of 16056'02'' for an arc distance of 233.49 feet; thence South
15°57'15" East for 240.00 feet to the Point of Beginning, the last two courses being along the boundary of
said Tract HH.
4
EXHIBIT "B"
DESCRIPTION (SIDEWALK EASEMENT)
A PORTION OF TRACT "HH" OF "FIFTH ADDITION BISCAYNE YACHT AND COUNTRY
CLUB." ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 99. PAGE
OF THE PUBLIC RECORDS OF MIAM[-DADE COUNTY FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT HH; THENCE SOUTH
74'02'45" WEST, ALONG THE SOUTH LINE OF SAID TRACT HH, A DISTANCE OF 9;2.47
FEET; THENCE SOUTH 78°09'37" WEST, A DISTANCE OF 160,48 FEET TO THE POINT OF
BEGINNINGi THENCE CONTINUE SOUTH 78°09'37" WEST, A DISTANCE OF 155.95 FEET,
THE LAST 'RNO (2) COURSES BEING ALONG THE NORTH RIGHT-OF-WAy OF SR NO 852
(WILLIAM LEHMAN CAUSEWAY) PER FLORIDA DEPARTMENT OB TRANSPORTATION
RIGHT-OF-WAY MAP SECTION 87013-2510, SHEET 3 OF 4; THENCE NORTH 7B°02'01"
EAST, A DISTANCE OF 10762 FEET; THENCE NORTH 82°52'35' EAST, A DISTANCE OF
4,8.58 FEET TO THE POINT OF BEGINNING
SAID LANDS SITUATE IN THE CiTY OF AVENTURA MIAMI-DADE COUNTY FLORIDA AND
CONTAIN 311 SQUARE FEET, MORE OR LESS
THE BEARINGS REFERENCED HEREIN ARE BASED ON PLAT BOOK 99 PAGE 20, WITH
THE CENTER LINE OF STATE ROAD 852 BEING NORTH 74°02'45`' EAST.
THE BOUNDARY INFORMATION THIS EASEMENT IS BASED ON IS A BOUNDARY AND
TOPOGRAPHIC SURVEY PREPARED BY LEITER, PEREZ & ASSOCIATES, INC., JOB
ORDER: 00-174, FILE NO. B-lB63, UPDATE SURVEY DATE 8/14/01
CERTIFICATE;
WE HERESY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA,
AS OUTLINED IN CHAPTER 61G17-6 (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED BY
THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS ~N SEPTEMBER, 1981, AS AMENDED,
PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF,
CRAVEN THOMPSON & ASSOCIATES, INC.
CERTIFICATE OF A THORIZATION NUMBER LB 271
.ION V N LTING
PR "V ONAL SURVE 0 D MAPPER NO 449,
STATE OF FLORIDA
JAN 0 7 2003
CRAVEN 'THOHPSON & ASSOCIATES, INC.
ENGINEERS PLANNERS ', SURVEYORS
3563 N.W. 53RD STREET FORT LAUOERDALE, FLORIDA 55309 (954-) 739-6,~00
FAX: (954-) 739-5409
o 2o ~o SKETCH TO ACCOMPANY DESCRIPTION
~ SIDEWALK EASMENT
CRAPHIC SCA,~
1"=,~0' SEE SHEET 5
SHEET 2 OF 3 SHEETS
JOB NO.: 01-010~ I ORAWN BY: JVN ~ CHECKED BY: JVN IF,8. PG. [ DATED:
CRAVEN 'THOMPSON & ASSOCIATES, lNg.
·ENGINEERS , PLANNERS '. SURVEYORS
3565 N.W. 55R0 STREET FORT LAUDERDALE, FLORIOA 33509 (954-) 739-64-00
FAX: (954) 739-6409
o 2o ~o SKETCH TO ACCOMPANY DESCRIPTION
CR^PH~C SCAL~ SIDEWALK EASMENT
1 "=.~0'