Perpetual Easement w/ Bentley 63
Prepared by and Return to: ii �1 t' t 1111 HE
RAUL J. AGUILA, Esq. C='tf N 20 12201 A - 89
OR Ek 28016 i:'ss 2378 - 23834 t6pss2
Office of the City Attorney RECORDED 03/01/2012 15:21:16
City of Miami Beach HARVEY RUVINr CLERK OF COURT.
1700 Convention Center Drive MIAMI -DADE GOUNTYr FLORIDA
Miami Beach, FL 33139
GRANT OF PERPETUAL EASEMENT FOR BEACHWALK PROJECT 1}
wt -4 1,w "ur,
WHEREAS, is the Ov1 ner of that certain property sit ed, lying and being in
Miami Dade County, Florida, more particularly described as the (hereinafter called 'the
"Property") located at iami Beach, Florida and as shown in the sketch in Exhibit A, attached
hereto and incorporated herein; and,
lot S- a'ti!r4- ac D k1 V E j ri r ,�s�M$c.f�
a / FL O It , � A
WHEREAS, on or about March l3, 1982, the City of Miami Beach (hereinafter called the .'City")
entered into that certain agreement entitled, "Management Agreementfior Certain Lands in the City of
Miami Beach, Florida' (Agreement Number 7SO- 0006), as amended, with the Trustees of the Inteiinal
Improvement Trust Fund of the State of Florida, granting the City the right to exercise management
authority over the State owned beach east of the Erosion Control Line (ECL), within the City of Miami
Beach, including that certain area landward and seaward of the dune; and,
WHEREAS, the City intends to develop an at -grade pathway, which includes landscaping,
lighting, and irrigation, along the westward side of the dune, connecting to the existing walkway fronting
Lummus Park; and,
WHEREAS, in order to develop the Beachwalk Project, the City requires that the Owner herein
grant a perpetual easement to the City for use as an at- grade, recreational corridor, the Installation and
maintenance of landscaping and all related appurtenances, or such other public use in conjunction with
the City's development of the Beachwalk Project, across that certain parcel of land, approximately twenty
(20) feet in width, running along the Erosion Control Line (ECL), as such parcel is more particularly
described in the legal description in Exhibit B attached hereto and incorporated herein (hereinafter called
the "Easement Parcel").
NOW THEREFORE, in consideration of ten dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner by these presents
hereby grants, sells, and conveys to the City, its successors and assigns, a perpetual easement on, in, and
over the Easement Parcel for the purpose of installing, laying, constructing, operating, inspecting,
maintaining, repairing, and replacing a recreational corridor in conjunction with the City's development of
the Beachwalk Project. This easement and rights granted herein shall be perpetual and shall be possessed
and enjoyed by the City, its successors and assigns, for the purposes stated herein, provided, however,
that the Owner hereby reserves all right, title, interest and privilege and the full enjoyment of such
Easement Parcel and the use thereof for all purposes not inconsistent with the use specified above.
The Owner and the City further agree to the following:
1. Owner hereby grants to City, its employees, contractors, or representatives, the permanent right and
license for purposes of ingress and egress to and from the Easement Parcel for the purposes of laying,
constructing, operating, inspecting, maintaining, repairing, and replacing the Beachwalk Project.
Z. City shall deliver notice of its intention to commence construction of the Beachwalk Project to Owner
at least thirty (30) days prior to the date set for such commencement.
3. Following completion of the Beachwalk Project, City shall have the sole responsibility and shall bear
the total cost for the maintenance of same, except for any repairs or maintenance arising from the
negligence of the Owner or any successor thereto.
Page I of
4. City shall insure and provide security for the Easement Parcel in the same manner as it insures and
secures the remainder of the Bcachwall< Project.
5. 1 Owner reserves the right of ingress and egress to and from the Easement Parcel for construction
access, to the east side of the Property, provided that such construction has obtained all the necessary
permits and approvals from the City and the State, and that_Owner shall bear the cost for repairing
any to the Easement Parcel or Beachwalk Project, resulting from such construction. Owner
shall not construct or permit to be constructed any structure or obstruction on or. over or interfering
with the construction, maintenance, or any other aspect of the ;Beachwafk Project located upon the:
Easement Parcel and authorized pcn to this instrument
b. Owner covenants, warrants and represents that it is the fee simple owner of the Easement Parcel and
has the right, title, and capacity to grant the perpetual, easement granted herein.
7. This Grant of Perpetual Easement shall inure to the benefit of and be bincling upon the heirs, legal
representatives, successO assigns of the parties hereto, as applicable.
B. Following completion of construction, Owner hereby grants perpetual nonexclusive rights to the
public for Use of the easement parcel according to such rules and regUlations as have been and may
be established by the City for public use of the Beachwalk Project.
[Signatures appear on follovvin�c, page]
Page 2 of 4
t
IN WITNESS WHEREOF, e undersi n i
g ed has caused this'grant of perpetual easement to be
executed this 7 -7 day of 20417
1.6 it
WINTESSES OWNER:
Si nat r
Print name
Name.
�( Title: 1n0 C- L
Signat re
11=
Print name
STATE OF FLORIDA )
l
COUNTY OF MIAMI -DADS SS:
The foregoin instrument was ck Wedged before me this ---' da of ac Z,d10
�L�cK as &wt+ y �fl, by
of the Property /Easement Parc
to me el. He is personally
known , ,. tifrl= ,
= WPO °&� Notary Public State of Florida —
Maria Scilipoti ry Public
N. cy ,p v My Commission DD941567
Expires 11/18/2013 t-W,7V - 9
Typed, printed or stamped name of Notary Public
My Commission Expires:
Page 3 of 4
i
ATTEST: CITY:
CITY OF MIAMI BEACH, a Florida Municipal
8� corporation
City Clerk INCORP ORATED VecemlVia O r 1
+ Y Deede Weithorn
CW 26
STATE OF FLORIDA
S5.
COUNTY -DADS )
The foregoing instrument was acknowledged before me this l9 dajy of ZO i � ` b
Matti 1 Herrera Bower, as Mayor, and Robert Par.? cher, as City Clerk, of the City of Apia emunici I
corporation of the State of Florida M p p
r of - She d Personal known to me or has produced
as identification and did take an oath.
N ary Public
t)
My Commission es:
Typed, printed or stamped name Notary Public
F xn��
es. Typed,
.
BEAUoy�i
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APPROVED AN1111111
FORM & LANGUAGE
& FORFkECUT1Ofq
P CAttormn Date
F: \work \$ALL\(1) EMPLOYEE FOLDERS \LISA SOTERO \t3EACHWALK ff\Easementr \PERPETUAL EASEMENT- template- I.docx
Page 4 of 4
'C; E A N
i R /WS
50 II 50 .. 50
i OCEAN BEACH FLA, ADDITION NO.4 -
`BLOCK 113 '
(P.B. 3, PG 151)
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LOT 8 LOT 7 LOT 6
- EPST LINE OF
�
I
I �E0.5TERLY EXTENSION -
f _ .I OF LOT 7
I
25' id 25'�
EASTERLY EXTENSION
OFLOT8 N522.922.025 `
( E
N05
94,,957.205
'09'OZ'E
1 - - 5 02 °01'18"
I 277 SQFT EROSION CONTROL LINE
j N 522.820.893 - (P 0. 105. PG. 621
i E 94,,953.635 100.49'
It - ..NOg-09'OZ "E
N'0]'19'16'E N522.920.983
P.GB ATLANTIC OCEAN" E94,.962656
N 522.795 880
E 941.957.380
SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
SCALE: 1" = 40'
SURVEYOR'S NOTE:
1. Beorings shown hereon ore referenced to the Erosion Control Line
which is plotted to -bear N05'09'02 "E
2. Coordinates refer to NAD 83/90 calculated from the Erosion Control
Line (Plat Book 105, Poge 52, Miomi —Dade County. records)
87 —D4 -26 used as base for G.P.S. Station N526,826:874
E942,637.252
3. -THIS IS NOT A SURVEY
4. "This sketch is not full and complete without the Legal Description.
LEGEND: I HEREBY CERTIFY: that this SKETCH 'TO ACCOMPANY' A LEGAL
DESCRIPTION is correct and meets the Minimum' "Technical
R/W RIGHT —OF —WAY Standards for .Land Surveying in the State Florida as set fourth
CENTER LINE
in Chapter 472.027 (F.S.) and Chapter 5J =17 of the Florida
CL Administrative Code.
POB POINT OF .BEGINING Not valid without the signature and raised seal of o F orido
P:B. PLAT BOOK Licensed Surveyor . and Mapper, '-S:- ---� -
PG PAGE" �N
B AN T. BELUNO
CITY SURVEYOR
R 02/01/2012 P.S.M. No.4973
DATE STATE OF. FLORIDA
TITLE: X H I B I T " A "
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~ 'PUBLIC WORKS DEPARTMENT BPCIf P jI l P `/ e
sHeET of z
-CONVENTION CENTER DRIVE. MIAMI BEACH, FL 33139 �'y' B e ach e a �� Hotel 1 � 1 Oce D�� V `
• LAST � F ASE- ,
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LEGAL DESCRIPTION:
Being, an easement lying in fractional Section 3, Township 54 South; Range 42 East, City of Miami
Beach, Miami -Dade County, Florida, and adjacent to the Platted Lots•7 and 8, Block 113, as shown in
OCEAN BEACH, FLA,,ADDITION No. 4, as recorded in Plat Book 3, Page 151 of the Public Records of
Miami -Dade County, Florida, said easement bounded by the east and Eying westerly of the Erosion
Control Line of the Atlantic Ocean, as recorded in Plat.Book 105 Page 62 of the Public Records of
Miami-Dade County, Florida, and being more particularly described as follows;
Begin at intersection with the easterly extension. of the southerly line of Lot 'of said Plat
of .00EAN .BEACH, FLA, ADDITION No. 4 and the .Erosion .Control.Line. of said Plat of'Erosion Control
Line the Atlantic Ocean; Thence N05 °09'02 "E, along the Erosion Control Line to.the intersection with
the easterly extension of the northerly line of Lot 7, Block 113 of said PLAT OF OCEAN BEACH, FLA,
ADDITION'No. 4, a distance -of 100.49'feet; Thence N79'1 0'59"W along said extension of Lot .7 a
distance of.5.55*feet; Thence'S02 °01'18 "W a distance of 101.19 feet to the Point "of Beginning.
Containing 277 square feet more or less.
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NOTE:
The Legal .Decription is not full and complete without the Sketch
T,TLE' LEGAL D�ESCR1 PTION
PUBLIC WORKS Bentley Beach Hotel -101 Ocean -Drive SHEET of ?-
I III CONVEN 1101 CENTER DRIVE, MIAMI BEACH; FL 11"I
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