Perpetual Easement w/ SFI BR Villa Luisa LLC . � i llllli 11111 illil hill 11111111111li1i 111111ii
OR A 21995 P9s 2171 - �17�v (6a9s)
RECORDED 02/13/2012 11423.44
HARVEY RUVIN► CLERK OF COURT
Prepared by and Return to: 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
rn
GRANT OF PERPETUAL EASEMENT FOR BEACHWALK PROJECT `�' l
cry
WHEREAS, F a QR V► LL 4 LW S1k CL' is the Owner of that certa' property
situated, lying and being in Miami Dade County, Florida, more particularly describ ` , the
Via... 1e (hereinafter called the "Property ") lFcated at
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 ").
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 O0
Page 1 of 4
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.
. 4. 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.
s. 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.
s. 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.
8. 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.
[Signatures appear on following,page]
Page 2 of 4
IN WITNESS WHEREOF, the undersigned has caused this grant of perpetual easement to be
executed this day of 20
WINT OWNER:
-Si gnal; re
Print name r By: 7
Name: f1iUfND/W 13 c/W - 5
Title: SVP
Si m ature
Print name
STATE OF FLORIDA
SS
COUNTY OF MIAMI -DADE
1
14 A The foregoing instrument was acknowledged before me this Z day of V'6 1( � -6 2 0 by
l)✓✓ as AQjgbKIjqjj2 of the Property /Easement Parcel. He i rsonal
ow t e or produced as id ratification and did take an oath.
�D .SEPIH
ALIMEIDA Not y Public
,^� = MY COMMISSION # EE11g45S
lao7'j3sa 153 EXPIRES Ju1Y28, 20f5 �OS
� dallotary�gce.00,,, Typed, printed or stamped name of Notary.Public
My Commission Expires:
Page 3 of 4
P MT ... ... . .....
CITY OF MIAMI BEACH, a Florida Municipal
_ =:y corporation
' INCORP ( ORATED
v o G,{-t .....
City Clerk C N 26 May r
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI -DADE )
The foregoing instrument was acknowledged before me this day of " -0-1i y
Matti Herrera Bower, Mayor, City of Miami Beach Florida, a municipal corporation. Y tY �� r sonaH
Y
known to me or has produced as identification and did take:an oath. . .
otary Public
HAT �rf`� Typed, printed or stamped na e of Notary Public
My Commission Expires: FAO
o �P .• �gSION �: ,
18 Efoi9..,
LP
�a'90f!!1 {l�1
APPROVED AS TO
FORM & LANGUAGE
& FOR CE UTION
yorne Date
F: \WORK \$ALL \(1) EMPLOYEE FOLDERS \LISA BOTERO \BEACHWALK II\ Easements \Beachwalk 11 PERPETUAL EASEMENT—August
201 1.doc
F:\ATTO \HELL \Easements \Beachwalk II PERPETUAL EASEMENT (5- 20- 2011).doc
{22941138;1 )'Page 4 of 4
OCE D RIVE M
-. (70' R /W)
I -
BLOCK 113
{
R/W
~ ' OCEAN BEACH, FLA:,ADDITION No.4 Z
rW (P.B. 3, PG.151) o N
O : BLOCK -113 N z
\' NMNI
(nja w 4 W 3
U-) 7 w 6 5 >-
r J
Uj J of .
EAST LINE OF BLOCK 113
W L,
0) w N 523,076.395
N 522;926.264 Q
`� t E 941,948.548
o a E 941,935.016
h 150.74'
In
a N 4.221 SOFT ±.
' 00 - .N
I' ` 150.74'
N 05 09' 02 E N 05' 09' 02' E
125.61' ROSION CONTROL LINE
N 522,920.983 E PG. 62) N 523,071.114
(P.B:105, E 941,976.188
N 522,795.880 E 941,962.656
E•941,951.380 ATLANTIC OCEAN
SKETCH TO 'ACCOMP A LEGAL DESCRIPTION
SCALE: 1"' 30'
SURVEYOR'S NOTE:
1. Bearings shown hereon ore referenced to the Erosion Control Line
which is plated to bear N08'15'08" E -
.2. Coordinates refer to NAD 83/90 calculated from the
ErosionControl,Line (Plot Book 105, -Poge 52, Miomi -bode 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,
I HEREBY CERTIFY: that this SKETCH TO 'ACCOMPANY A• LEGAL
DESCRIPTION is correct and meets the Minimum Technicol
L E GEND:, Standards for Land Surveying in the Slate Florida* as Y set fourth, in
Chapter 472.027 (F.S.) and Chapter,SJ -17 of l lhe Florida `
Administrative Code. y tT erv`a
R/W RIGHT — OF' WAY Not valid without the signature an ised� ri8o•
Licensed Surveyor and Mapper. ".
C CENTER LINE
POB POINT OF BEGINING BRIAN •T. BELLiNO
CITY SURVEYOR
P:B. • PLAT BOOK 0 1 /2 4 /2 01 2 P.S.M. No.4973
DATE STATE OF FLORIDA
PG` PAGE.
N A I r 1 TITLE: -
r..R EXHIBIT '
PUBLIC.WORKSDEPARTMENT South of Fifth'Condominium 125 Ocean Drive SHEET 1 OF ?
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 -
. I Exhibit B
j
to,
•.
LEGAL. DESCRIPTION TO - ACCOMPANY SKETCH
A 28" foot eosement bounded as follows:
Bounded on the North by the easterly extension of the north line of Lot 4, �{
Block 113,. bounded on. the South by the easterly extension of the south line-of
Lot 6, Block 113, OCEAN BEACH, FLA. ADDITION NO. 4, according to the plot {.
thereof as 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', as recorded in _Plat Book 105, at Page 62, Public Records of Miami — Dade
County, Florida and bounded on the West by a line 28.00 feet west of `
(measured at right angles) and parallel to said Erosion Control Line. Said lands
located in fractional Section 3 Township 54 South .Range 42 East, City of Miami.
Beach; Miomi —Dade County; Florida. Con.aining..4221 -square more- or..- less.__
- r _r
NOTE:
'This. Legal- Description is not full and complete without the Sketch
TITLE: -
. ' `FO LEGAL DESCRIPTION
PUBLIC WORKS DEPARTMENT South of F ifth Condominium `125. Ocean Drive sHEET'2 OF z.
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL 33139 . -