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Perpetual Easement w/ Komar ! llilll till! 11111 Ilia! 1!111 lull il111 llil liil CFH 2012RO441949 OR Bk 28160 F'gs 0318 - 326► (?Pgs) RECORDED 06/2212012 09 :26:09 Prepared by and Return to: 0RVEY RUVINY CLERK. OF COURT MIAMI --DADE COUNTYP FLORIDA Raul J. Aguila, Esq. Office of the City Attorney ' City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 GRANT OF PERPETUAL EASEMENT FOR'BEACHWALK PROJECT WHEREAS, Komar Investments, Inc. is the Owner of that certain property situated, dying and being in Miami Dade County, Florida, more particularly described as the Marriott South Beach Hotel (hereinafter called the `Property ") located at 161 Ocean Drive, Miami Beach, Florida and as shown in the sketch in Exhibit A, attached hereto and incorporated herein; and, WHEREAS, on or about March 13, 1982, the City of Miami Beach (hereinafter called the "City ") entered into that certain agreement entitled, "Management Agreement for Certain Lands in the City of Miami Beach, Florida" (Agreement Number 750 - 0006), as amended, with the Trustees of the Internal 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 "); and., 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. (22951963;1} 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 upon the Easement Parcel for the purposes of laying, constructing, operating, inspecting, maintaining, repairing, and replacing the Beachwalk Project. 2. 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. a. City shall insure and provide security for the Easement Parcel in the same manner as it insures and secures-the remainder of the Beachwalk Project. 5. 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 damage 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 Beachwalk Project located upon the Easement Parcel and authorized pursuant to this instrument. 6. 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 binding upon the heirs, legal representatives, successors and assigns of the parties hereto, as applicable. . s. 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. 9. This Grant of Perpetual Easement is given by Owner to City for outdoor recreational purposes in accordance with Section 375.251, Florida Statutes. and the Owner's liability shall be limited.in accordance with the provisions of that statute. [Signatures appear on following page] {22951963;1} IN WITNESS WHEREOF, the undersigned has caused this grant of perpetual. easement to be executed this day of _�at}j 2012. WINTESSES: OWNER: w _ [INSERT OWNER NAME HERE] Sigrtature �� pK•�o�� 'S �vC�C - , Print name By: - - - -� - - - - -- - - - - -- Title: -__ qLC'L m. Sigrlat� Print name STATE OF FLORIDA ) SS: COUNTY OF MIAMI -DADE ) The foregoing instrument was ack���n))owledged before me this �'� day of 2012, by _1/_1 _ d1'11_� , as __ k_C--- --------- - - - - -- of the Property /Easement Parcel. He is personally known'to me or produced identification and did take an oath. SILVIAFERNANDEZ Nota y Public MV COMMISSION # EE 117812 EXPIRES: September 23, 2015 Bonded Thru Notary Public Underwriters e jn /'1 `'7 e Typed, printed or stamped name of Notary Public My Commission Expires: {22951963;1} CITY OF MIAMI BEACH, a Florida Municipal corporation City Clerk :' _ r INCORP ORATED ' STATE OF FLORIDA SS: COUNTY OF MIAMI -DADE The foregoing instrument was acknowledged before me this day of cs� 201 by Matti Herrera Bower, Mayor, City of Miami Beach Florida, a'municipal corporation He/She' personally known to me or has produced as identification and did take an oath. iQ016ry Public . \\`oN1111iN1 / / /op HATF/ ��4� /aYn ?. . ���° • M \SSIONF 1 :mo Typed, printed or stamped name of Notary Public My Commission Exres:�o�Ja�y 18 Q` y :• #DD 832367 : oZ ` i��' • • 2 oi Bondedlb� „e�� • p �PSis�/ Ohl 11!11 N o >� °� APPROVED AS TO FORM & LANGUAGE ` & FOR CUTIO . _Ci ttor Date F: \WORK \$ALL \(1 EMPLOYEE FOLDERS \LISA BOTERO \BEACHWALK II \Easements \Beachwa'Ik II PERPETUAL EASEMENT August,. 201 Ldoc F :\ATTO \HELG\Easements\Beachwalk 11 PERPETUAL EASEMENT (5- 20- 2011).doc {22941138;1 P age 4 o EXH I BIT A 122951963;1} ' Property Information Map Page 1 of 1 MyHome Miami -Dade County, Florida MIAMI BADE ......� ` Property Information Map d �aG S7 f, Summary Details: J 1 k � y }� * t ; w=`v vt •' ,` I "' Folio No.. 02- 4203 - 012 -0030 Property: 161 OCEAN DR n 1t Mailing KOMAR INVESTMENTS INC a t r „+ .• ” t Address: 848 BRICKELL AVE S UITE 700 MIAMI FL 33131 - _ Property Information: 3004 RESIDENTIAL Prima Zone: PERFORMANCE r' kDtSJ� •'s'' M e N Primary S TANDARD, HIGH D +' ' • �t CLUC: 0021 HOTEL Beds /Baths: 36/236 Floors: 11 - t + �r• w er t Living Units: 236 �V dj Sq Footage: 199,704 Lot Size: 61,607 SQ FT Year Built: 2000 kip" OCEAN BEACH ADD NO PB 3-151 LOTS 1 Legal THRU 3 LESS W15FT Description: FOR R/W BILK 113 LOT a-r� ,rte J ... , ,x t � SIZE 61607 SQ FT OR 17094 -3169 0296 1 I N Aerial Photography - 2009 0 138 ft This map was created on 1/13/2012 11:03:43 AM for reference purposes only. Web Site © 2002 Miami -Dade County. All rights reserved. http: / /gisims2. miamidade.gov /myhome /printmap. asp? mapurl = http: / /gisims2.miamidade.go... 1/13/2012 EXHIBIT B {22951963;1} OCEAN DRIVE (70' R/W) 3 � R/w �l BLOCK 113 W w ff 2 3 r z A � -•EAST LINE V BLOCK. 113 -- 1 I N 523,227.603 N 523,077.472 E 941,957.163_ E 941;943.631 of u1 150.74' 10 ^ N 533,251.408 N E 941,992.441 n N 05'09'02" E / 30.15' I 150.74' E <OS10ti CONTROL LINE-- -� N 523,221.380 N 5' 09' 02� E E 941,989.734 N .523,071.249 E 941,976.202 ATLANTIC OCEAN SKETCH TO ACCOMPANY A LEGAL DESCRIPTION SCALE: 1" = 30' LEGEND: I HEREBY CERTIFY: that this "AS BUILT" SURVEY is correct and R /w RIGHT - of -WAY meets the Minimum Technical Standards for Land Surveying in the CENTER UNE State Florida as set fourth in Chapter 472.027 (F.S.) and Chapter 5J -17 of the Florida Administrative Code. Not valid without the signature and raised seal of a Florida Licensed Surveyor and Mapper. J. A. VARGAS CITY SURVEYOR 02/04/2011 P.S.M. No. 2916 DATE STATE OF FLORIDA MI AMI EAC --� ,7TLE EXHIBIT -01 J� l" PUBLIC WORKS DEPART uth Beach Marriott 161 O Drive �FE,, OF i 1)W COtJrlilON C[NTfR pRIVE. MfAN115E AG : F LMIW � LJ3139 OR BK 2816O 0326 LAST PAGE- LEGAL DESCRIPTION A. 33 foot easement bounded as follows: Bounded on the north by the south Right —of —Way line of 2nd street; bounded on the south by the easterly extension of the south line of Lot 3, Block 113, as 2nd street and said Block 113 are shown in OCEAN BEACH, FLA. ADDITION No 4, recorded - in Plat - Book 3, at Page "151,` Public Records _ of Miami - -Dade County; Florida; bounded on the east by the Erosion Control Line of the Atlantic.Ocean recorded in Plat Book 105, at Page 62 Public Records of Miami— Dade County, Florida and bounded on the west by a Fine 33.00 feet west (measured at right angles) and parallel to said Erosion Control Line. Said 'portion of land located in fractional section 3, Township 54 South, Range 42 East, City of Miami Beach, Miami —Dade County, Florida and containing 4900 square feet more or less. NOTE: THIS IS NOT A SURVEY. COORDINATES REFER TO NAD 83/90 CALCULATED FROM THE EROSION CONTROL LINE (PLAT BOOK 105, PAGE 62, MIAMI DADE COUNTY RECORDS) 87 -DA -26 USED AS BASE FOR G.P.S STATIONS N 526,826.874 E 942,637.252 IMMIAMSEAC ri n� LEGAL DESCRIPTION PUBLIC W ORKS DEPARTMENT South Beach Marriott 161 Ocean D r ive SHEET2_0F 2 11CC C.OMS14MN CENTER DRIVE. N:AM BEACH: FL93733