Perpetual Non Exclusive Easement Agreementr—
This instrument prepared by:
Tew Cardenas LLP
1441 Brickell Avenue, 15'x'Floor
Miami, Florida 33131
Attn: John M. Catalano,Esq.
PERPETUAL NON-EXCLUSIVE EASEMENT AGREEMENT
THIS PERPETUAL NON-EXCLUSIVE EASEMENT AGREEMENT ("Agreement"),
is made this -11— day of May 2011, by and among SOUTH BEACH OCEAN PARCEL,
LTD., a Florida limited partnership and SOUTH BEACH OCEAN PARCEL II, LTD., a
Florida limited partnership, as grantor (collectively, "Grantor"), and the CITY OF MIAMI
BEACH, a Florida municipal corporation, as grantee ("Grantee" or "City").
WITNESSETH:
WHEREAS, Grantor is developing a condominium project known as Continuum 11
("Continuum II") to the south of the existing South Pointe Drive right-of-way (Subject
Property); and
WHEREAS, Grantor constructed a beachwalk located on the eastern boundary of its
property ("Beachwalk"), described in Exhibit A hereto; and
WHEREAS, Grantor desires to provide the City with access to the Beachwalk for the
purposes set forth in this Easement Agreement.
NOW THEREFORE, the parties hereby mutually covenant and agree as follows:
1. The above recitals are true and correct, and are hereby incorporated into this
Agreement.
2. Consideration and Description. Grantor for and in consideration of the sum of Ten
Dollars and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, hereby grants unto Grantee, its officers, agents, employees, contractors,
successors and assigns, a non-exclusive, perpetual and irrevocable easement, over, under, upon
and through the land in Miami-Dade, County, Florida, known as the Beachwalk, as more
particularly described on Exhibit A (the "Easement Property"), for the purposes of pedestrian
and emergency vehicular access, installing, laying, constructing, operating, inspecting,
maintaining, repairing, and replacing the street, road, roadway, sidewalk, landscaping and
utilities, and for any and all other public purposes.
3. Term of Easement. The 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.
GRANTEE:
ATT ST: CITY OF MIAM BE H
c�
City Clerk M yor
1700 Convention Center Drive
Miami Beach, Florida 33139
APPROVED AS TO FORM
AND LANGUAGE AND
FOR EXECUTION
I--TT A TORNE�p �& DATED
CITY ENGINEER DATED
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Exhibit A
[EASEMENT PROPERTY]
A 12 foot wide pedestrian easement, the center line of which is described as follows:
Commence at the point of intersection of the most Easterly corner of the Erosion Control
Line of the Atlantic Ocean, as shown in Plat Book 105, Page 62, of the Public Records of
Miami - Dade County, Florida, and the North line of Section 10, Township 54 South, Range
42 East; thence South 871 39' 11" West as a basis of bearings for a distance of 20.54 feet
to the Point of Beginning of the center line of the 12 foot pedestrian easement herein
described. Last described course also being the Easterly extension of the South Right-of-
Way line of Biscayne Avenue (now South Pointe Drive) as shown in SOUTH BEACH PARK,
recorded in Plat Book 6, Page 77, of the Public Records of Miami - Dade County, Florida;
thence running Southerly, for the following bearings and distances:
thence South 010 36' 49" West, a distance of 7.30 feet;
thence South 090 55' 22" East, a distance of 49.55 feet;
thence South 010 54' 47" West, a distance of 53.63 feet;
thence South 030 48' 43" West, a distance of 52.60 feet;
thence South 031 35' 11" East, a distance of 49.93 feet;
thence South 000 14' 42" West, a distance of 50.40 feet;
thence South 021 48' 56" East, a distance of 49.57 feet;
thence South 020 47' 18" East, a distance of 49.03 feet;
thence South 040 57' 26" East, a distance of 51.65 feet;
thence South 040 17' 14" East, a distance of 52.16 feet;
thence South 000 13' 33" West, a distance of 50.90 feet;
thence South 050 15' 43" West, a distance of 45.82 feet;
thence South 010 24' 46" East, a distance of 50.36 feet;
thence South 010 19' 18" East, a distance of 48.37 feet;
thence South 020 33' 21" West, a distance of 53.97 feet;
thence South 030 08' 06" East, a distance of 50.07 feet;
thence South 000 31' 58" East, a distance of 49.58 feet;
thence South 090 51' 57" West, a distance of 40.46 feet;
and South 060 57' 48 East, for a distance of 71.32 feet to the point of intersection with the
South line of the above-mentioned SOUTH BEACH PARK Subdivision. Said point being the
Point of Terminus of the center line of the 12 foot pedestrian easement herein described.
Side lines of said easement to be prolonged or shortened, to meet the South Right-of-Way
line of Biscayne Avenue (now South Pointe Drive) in the North and the Southerly line of
said SOUTH BEACH PARK Subdivision in the South and meandering approximately 6 feet
from said center line. Said easement located in The City of Miami Beach, Miami-Dade
County, Florida.
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