2003-061RESOLUTION NO. 2003-61
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DEDICATING AN
EIGHTEEN (18) FOOT BY 'FWENTY (20) FOOT
EASEMENT TO THE CITY OF NORTH MIAMI BEACH ON
THE AVENTURA CHARTER ELEMENTARY SCHOOL
SITE; PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura requires potable water service to the new
Aventura Charter Elementary School located at 3333 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 Aventura Charter Elementary
School.
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 and instrument of
conveyance.
Section 2. The City Manager is authorized to take all action necessary to
implement the purposes of this Resolution.
Resolution No. 2003-_~
Page 2
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner BeslrJ. n
who moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Vice Mayor Manny Grossman
Mayor Jeffrey M. Perlow
yes
yes
}'es
yes
PASSED AND ADOPTED this 2nd day of September, 2003.
, MAYOR
ATT~ST:
(~cSA M. ,SOI~Ot~, CMC
LERK"',-~
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EASEMENT AGREEMENT
THIS AGREEMENT made and entered into this
day of
2~[~k~, 200,~ , by and between CITY OF AVENTURA~ 19200 WEST
COUNTRY CLUB DRIVEl AVENTURA~ FL 33180, as First Party, and CITY OF NORTH
MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as CITY.
WHEREAS, First Party is the owner of the property described in Exhibit A, attached
hereto, in Dade County, Florida, and
WHEREAS, First Party desires to cooperate with the City to provide better water service
to its property; and
WHEREAS, First 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,
WlTNESSETH:
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:
easement/wtr/cityofaventura ch sch
July 24, 2003
Developer:
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 ail 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 ofthe CITY's facilities. However, inthe 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 repairs 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
easement/wtr/cityofaventura ch sch
July 24, 2003
2
Developer:
other than water service, providing the location of the other utilities are not located in an area
above the water facilities from three (3) feet on one side of the facility to three (3) feet on the
other.
4. First Party covenants and agrees that all instruments of conveyance executed by it
with respect to any parcel or parcels of its property shall contain 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 all 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.
easement/wtr/cityofaventura ch sch
July 24, 2003
3
Developer:_
1N WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
Signed, sealed and delivered
in the presence of:
Signature of Witness # 1
Printed Name of Witness #1
~gnatur~of Wi(n~ss #2#
Printed Name of Witness #2
BY:
CITY OF AVENTURA
Eric M. Soroka, ~ Man//0~er
Printed name
.~[a M. So~"-~ City/Clerk (SEAL)
Printed Name
Address
STATE OF FLORIDA COUNTY OF
Before me personally appeared
described in and who
, to me well known, and known to me to be the individuals
executed the foregoing instrument of the above named
4
easement/wtr/cityofaventura ch sch
July 24, 2003
Q/.' ,~Ll3t (~ ~-~.~ ~q~[t~, a Florida Municipality, or having produced current drivers license
as identification, and severally acknowledge to and before me that they executed such instrument
of said Municipality, and that the seal affixed to the foregoing instrument is the corporate seal of
said Municipality and that it was affixed to said instrument by due and regular corporate
authority, and that said instrument is the free act and deed of said Municipality and did/did not
take an oath.
WITNESS my hand and official
seal, this 4~ day of
(~namre of~tary) -
~N' of Notary Typed, Printed or Stamped)
(Title or Rank
easement/wtr/cityofaventura ch sch
July 24, 2003
5
Develo~
THE CITY OF NORTH MIAMI BEACH hereby accepts this Grant of Easement.
/W~ZN~SS a - /
WITNESS
Printed N
ATTORNEY
Printed Name
(SEAL)
easement/wtr/cityofaventura ch sch
July 24, 2003
Developer:
DESCRIPTION: WATERLINE EASEMENT
A PORTION OF THE SOUTHEAST ONE QUARTER (SEl/4) OF SECTION 3, TOWNSHIP 52
SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF PARCEL "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; THENCE SOUTH 89°20'35"
WEST, ALONG THE NORTH RIGHT OF WAY OF NORTHEAST 188TM STREET, PURSUANT
TO OFFICIAL RECORDS BOOK 14003, PAGE 2376, OF SAID PUBLIC RECORDS, A
DISTANCE OF 150.23 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH
89°20'35" WEST, ALONG SAID RIGHT OF WAY, A DISTANCE OF 20.00 FEET; THENCE
NORTH 00°39'25" WEST, A DISTANCE OF 18.00 FEET; THENCE NORTH 89D20'$S'' EAST, A
DISTANCE OF 20.00 FEET; THENCE SOUTH 00°39'25'' EAST, A DISTANCE OF 18.00 FEET
TO THE POINT OF BEGINNING..
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA.
THE BEARINGS REFERENCED HEREIN ARE BASED ON AN ASSUMED BEARING. THE
WEST BOUNDARY OF SAID PARCEL "A" IS ASSUMED TO BEAR NORTH 50~41'09'' WEST.
CERTIFICATE:
WE HEREBY 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 IN 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 &/~%OC~ATES, INC.
CERTIFICATE OF AUTHORI7_~FION )~UMBER LB 271
THIS SKETCH I~LL ~'fiTF~ T THE
........ ~' DOUGHS ~] DAVIE
PROFESSIONAL SURVEYOR AND MAPPER NO. 4343
STATE OF FLORIDA
Not valid without the signature and the original raised seal of a Florida licensed surveyor
and mapper.
JUL 2 1 200~
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N:lClerical~JOBS~2001~01-0103~LEGAL~S&D WATERESMT.doc
Created on 7110/2003 11:30 AM
DMDIdmd
1~ ENGINEERS
.3563 N.W. 53RD STREET
~OR: CITY OF AVENTURA
1"=60'
CRAVEN 'THOMPSON & ASSOCIATES, INC.
PLANNERS SURVEYORS
FORT LAUDERDALE, FLORIDA 3.3,309 (954) 739--6¢00
FAX: (954) 739-6409
SKETCH TO ACCOMPANY DESCRIPIION
WATERLINE EASEMENT
PARCEL "A"
Z
CE--DENOTES CENTER
PROPERTY ADDRESS: ~
HUBER 1RACT
PLAT BOOK 140, PAGE 58 Z
°¢
3333 NE. 188TH STREET
AVENTURA, FL. 33180
UPDATES end/or REVISIONS
ADD ADDRESS
SHEET 2 OF 2 SHEETS