94-21195 Reso RESOLUTION NO. 94-21195
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING
AN EASEMENT AND MAINTENANCE AGREEMENT BETWEEN
THE OWNERS OF THE EASEMENT AREA, COLLECTIVELY
REFERRED TO AS GRANTOR, AND THE CITY OF MIAMI
BEACH, AS GRANTEE, FOR THE PURPOSE OF ALLOWING
THE CITY TO MARE CERTAIN STREETSCAPE
IMPROVEMENTS TO THE EASEMENT AREA, WHICH IS
CURRENTLY USED BY THE PUBLIC AS A "TURNAROUND
POINT" FOR VEHICULAR TRAFFIC; AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE
AGREEMENT.
WHEREAS, the City .(Grantee) wishes to make certain streetscap.e
improvements to the west end of Espanola Way, up to and including
the Jefferson Avenue Street End (Easement Area) , legally described
in the attached "Exhibit A", which is currently platted as a
privately owned street, but is used by the public as a "turnaround
point" for vehicular traffic; and
WHEREAS, the City (Grantee) desires to make improvements to
the Easement Area, to include repairing damage caused by public
usage of the Easement Area as a "turnaround point", as well as to
maintain these improvements; all as set forth in the attached
Easement and Maintenance Agreement attached hereto and incorporated
herein as Exhibit °°1" ; and
WHEREAS, the owners of the Easement Area (collectively
referred to as Grantor) shall retain the exclusive right to park in
the Easement Area and may post "No Parking" and "Tow Away" signs,
which signs may also be posted by the City; and
WHEREAS, the City agrees that it will not alter the nature of
the Easement Area so that it would essentially become a public
street.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and
City Commission of the City of Miami Beach, Florida approve the
attached Easement and Maintenance Agreement between the owners of
the Easement Area, collectively referred to as Grantor, and the
City of Miami Beach as Grantee for the purpose of allowing the City
to make certain streetscape improvements to the Easement Area,
which is currently used by the public as a "turnaround point" for
vehicular traffic; and authorizing the Mayor and City Clerk to
execute the Agreement.
PASSED and ADOPTED this 15th da of une, 1994
MAYOR
ATTEST:
FORM APP VED
LE PT.
CITY CLERK.
Date Iq
KM:RA
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO.
TO: Mayor Seymour Gelber.and DATE: June 15, 1994
Members of the City Commission
FROM: Roger M.
City Manage
SUBJECT: EASEMENT AND MAINTENANCE AGREEMENT FOR PRIVATE ROADWAY ON
JEFFERSON AVENUE
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission adopt the
attached resolution authorizing the Mayor and City Clerk to execute
the attached Easement and Maintenance Agreement between the City
and the four owners of the Easement Area, collectively as Grantor
and individually named:
Ronald I. Alix 1446 Jefferson Avenue
Richard Bower and
Suzanne B. Fyvolent 1442 Jefferson Avenue
Edwin Flatto 1438 Jefferson Avenue
J. Craig Ferree Jr 1434 Jefferson Avenue '
BACKGROUND:
The City is in the process of making certain street improvements to
include, sidewalks, curb and gutter and road resurfacing on the
west end of Espanola Way where the road abuts Jefferson Avenue.
The Easement Area (Jefferson Avenue private street) is jointly
owned by the property owners. This private street is used. as a
"turnaround point" for the public including residential vehicles as
well as commercial and service vehicles. The use of this street as
a "turnaround point" has caused significant wearing and damage to
the road and has also caused damage to the existing sidewalk.
It is necessary to have public access to this privately owned road
so that vehicular traffic may be able to turn around in order to
exit Espanola Way. In order to complete the look of the street as
a result of the improvements to Espanola Way, it is recommended
that an easement be accepted by the City in order to make and
maintain necessary improvements to the street as well as to
guarantee public access.
I
70
AGENDA
ITEM
DATE
OR BK 29185 PG 440-81
L-AST PAGE
Commission Memorandum - June 15, 1994
Jefferson Avenue Easement
Page 2
ANALYSIS:
This agreement is between the City (Grantee) and the four owners of
the Easement Area (Grantor) . This Easement and Maintenance
Agreement contains the following provisions:
o The City (Grantee) will make and maintain certain
improvements to the Easement Area (Exhibit B)
o This agreement shall be in effect for thirty years and
shall be extended for automatically for successive ten
year periods. The agreement can be released in writing by
either party, at which time the owners of the Easement
Area shall pay to the City the depreciated value of the
improvements provided as of that date
o The City (Grantee) will not use this agreement to
explicitly alter the nature of the Easement Area in such
a manner that it would become a public street
o The City (Grantee) shall be deemed to have abandoned the
Easement Area upon failing to maintain the improvements
under this agreement for a period of 10 years following
notification and a cure period of 180 days
o The owners of the Easement Area (Grantor) will maintain
the exclusive right to park in the Easement Area and "No
Parking" or "Tow Away" signs as permissible by the
Grantee (the City) will be allowed
o The property owners (Grantor) shall be solely responsible
for all real and personal property taxes levied against
the Easement Area
o The City (Grantee) acknowledges that the Easement Area is
currently used by vehicles as a "turnaround site" and
that any continuation of this may endure through no fault
of Grantee's improvements to the Easement Area
The need to upgrade and manage this area of Espanola Way was
directed by the City Commission during the July 14, 1993 commission
meeting. The anticipated cost of the project is $212,000 including
$58,000 for the easement area. The project will be funded from the
proceeds of Local Option Gas Tax. The design is 90 percent complete �1
and construction is anticipated to begin following the completion 1
of the Flamingo baseball parking lot (September 1, 1994) , to allow
for alternate parking for the residents on Espanola Way and -�
Jefferson Avenue.
CONCLUSION:
The City Commission should adopt the attached resolution
authorizing the Mayor and City Clerk to execute the Easement and
Maintenance Agreement between the City and the owners of the
Easement Area. This agreement will allow the City to repair the
damage caused by public use of the street as a "turnaround point"
and also to maintain these improvements.
EC:KM
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EASEMENT AND MAINTENANCE AGREEMENT
This Easement and Maintenance Agreement (Agreement) is made
this 15th day of JUNE , 19941 by RONALD
I. ALIX, RICHARD BOWER and SUZANNE B. FYVOLENT, EDWIN FLATTO,. and
J. CRAIG FERREE, JR. , their successors and assigns (collectively
referred to as GRANTOR) , and the CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation, it successors and assigns (GRANTEE) .
W I T N E S S E T H:
WHEREAS, GRANTOR is the owner in fee simple title of certain
real property, lying and being situate in the City of Miami Beach,
Dade County, Florida, and more particularly described in Exhibit
"A" hereto, and generally described as:
THAT PORTION OF LAND LABELLED
"PRIVATE ROADWAY" IN PLAT BOOK 35,
PAGE 52 IN THE PUBLIC RECORDS OF
DADE COUNTY
(Easement Area) ; and
WHEREAS, GRANTEE owns the municipal streets and right of way
adjacent thereto and wishes to make the streetscape improvements to
the Easement Area as set forth in Exhibit "B" hereto
(Improvements) ; and
WHEREAS, GRANTEE desires and the GRANTOR is willing to permit
GRANTEE, on the terms and conditions contained herein, to place and
maintain the Improvements on the Easement Area, which improvements
are intended to enhance the appearance of the Easement Area.
NOW, THEREFORE, for ten dollars ($10. 00) in hand paid, the
mutual covenants contained herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the GRANTOR covenants as follows:
1. The GRANTOR hereby establishes, gives, grants and conveys
unto the GRANTEE an exclusive Easement on and over the
Easement Area for the purpose of controlling, installing,
constructing, maintaining and repairing from time to time
the Improvements compatible with GRANTEE's approved
design plans for same.
2 . The parties herein acknowledge that the Easement Area is
currently within a privately owned street of which
GRANTOR is part owner. GRANTEE agrees that as partial
consideration for the granting of this Easement by
GRANTOR, it will not use this Easement, in any way or
manner, that would explicitly alter the nature of the
Easement Area, so that same, by such use, would become a
public street.
GRANTEE does acknowledge that the Easement Area is
currently used by vehicles as a "turnaround site" and
that any continuation of this or other related activities
may continue through no fault or as a result of
GRANTEE' s activities or installations in or upon the
Easement Area. GRANTOR may reserve the right to post "No
Parking" or "Tow Away" signs, as same may be permissible
by GRANTEE and in accordance with all federal, state and
local laws.
3 . The provisions of this Agreement shall become effective
upon execution and shall be recorded in the Public
Records of Dade County, Florida; shall run with the land
and shall be binding upon the GRANTEE and GRANTOR; and
shall continue in effect for a period of thirty (30)
years after the date of such recordation of this
Agreement, after which it shall be extended automatically
for successive periods of ten (10) years each unless
released in writing by the GRANTOR or GRANTEE. If
GRANTOR so chooses to release or terminate this Agreement
then, at such time, - GRANTOR shall pay to GRANTEE the
depreciated value of the Improvements as of the
termination. date.
4. Provided always, that GRANTEE agrees to undertake the
construction of the Improvements within six (6) months
from execution of this Agreement but in no event later
than December 31, 1994, and shall continuously maintain
the Improvements for the entire term of this Agreement,
at no cost or expense to the GRANTOR;,
5. GRANTOR shall continue to be solely responsible for all
real and personal property taxes levied against the
Easement Area.
6. This Agreement contains the entire Agreement among the
parties relating to the subject of this Agreement. The
provisions of this Agreement may be amended. from time to
time by written instrument executed by the parties.
7 . The Easement created under this Agreement may be
terminated by written agreement of the parties or by the
GRANTEE vacating or abandoning the Easement Area.
GRANTEE shall be deemed to have abandoned the Easement
Area upon failing to maintain the Improvements under this
Agreement for a period of ten (10) years. To terminate
this Easement in the event of abandonment, GRANTOR shall
give prior written notice to GRANTEE of such failure to
maintain the Improvements. If the defect arising in such
failure is not cured within 180 days after written notice
is given to GRANTEE, then the easement shall be deemed
terminated and all rights granted to GRANTEE under this
Agreement shall revert back to GRANTOR. Additionally,
upon termination of the easement, GRANTEE shall sign,
acknowledge, and deliver to GRANTOR-, within ten (10) days
of GRANTOR's demand, a deed Ain I recordable form quit
claiming all rights, title and interest of GRANTEE, and
this Agreement shall be deemed terminated. Upon such
termination, GRANTEE shall at the option of GRANTOR,
remove the Improvements from the Easement Area.
8. All notices to be given shall be in writing and shall be
deemed given when delivered by hand or three (3) days
after the date when mailed, certified mail return receipt
requested.
TO GRANTEE: City Manager's Office
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
with copies to: City Attorney's Office
1700 Convention Center Drive
Miami Beach, FL 33139
TO GRANTOR: See Exhibit "C", attached
hereto, which individually lists
the names and addresses of the
parties collectively referred to
herein as GRANTOR.
2
IN WITNESS WHEREOF, the undersigned have executed this
instrument as of the date first set forth above.
GRANT
ATTEST.: . C Y O MIAMI BE H
STATE OF FLORIDA )
) SS
COUNTY OF DADE )
The Foregoing instrument was acknowledged before me this
day of 1994 by as
GRANTEE. Said officer is .personally known to me or has produced
as identification and did or did not take
an oath.
My Commission Expires:
Notary Public
Print Name:
GRAN R: ,
.WITNESSED BY:
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ON D I. AL
STATE OF FLORIDA )
SS
COUNTY OF DADE )
The Foregoing instrument was acknowledged before me this
r
day of , 1994 by as
GRANTOR. Said officer is personally known to me or has produced
_ as identification and did or did noti',''take' �!
an oath
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My Commission Expires:
Notary Public
A Print Name: y �..
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WITNESSED BY:
Vd;7� RICHARD BOWER
SUZANN B. FYVOLENT
STATE OF FLORIDA )
SS
COUNTY OF DADE ) /
The Foregoing instrument was acknowledged before me this l �`
g g
day of �� , .1994 by 6u� as
GRANTOR. Said officer is personally known to me or has produced
as identification and did or did not take
an oath.
My Commission Expires: (�
Notary Public L 1��, C-r Z:)l x.
Print Name':
,N C'iH C
WITNESSED BY:
EDWIN FLATTO
STATE OF FLORIDA )
SS
COUNTY OF H 'ffi1AhW&6f l-.
The Foregoing instrument was acknowledged before me this /
day of 1994 by as
-
GRANTOR. Said officer is personally known to me or has produced
as ident' ' cation and di or did not take
an oath. f
My Commission Expires:
Print Name:
z e L,'`6 ROXANNE KATCHMARK
MY cernmission CC345188
iW. Expires Jan.30,1958
Bonded by AN13
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STATE OF FLORIDA )
SS
COUNTY OF DADE )
The Foregoing instrument was acknowledged before me this
day of , 1994 by E—==)K) PLA'�'1'� as
GRANTOR. Said officer is personally known to me or has produced
_ as identification and did or did not take
an oath,.
My Commission Expires: Le
Notary Publ iqO C)C0I 5 3
Print Name:
LLJ
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WITNESSED BY*'
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J. MAIG FERREE, JR.
STATE OF FLORIDA )
SS
COUNTY OF DADE )
The Foregoing instrument was acknowledged before me this Q
c
day of 1994 by as
GRANTOR. Said officer is personally known to me or has produced
as identification and did or did not take
an oath.
My Commission Expires:
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Print Name: '-
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EXHIBIT "A"
LEGAL DESCRIPTION
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"EXHIBIT B"
IMPROVEMENTS
Demolition of existing sidewalk, drainage, installation of curb and
gutter and resurfacing of the street.
7
"EXHIBIT C"
NAMESIADDRESSES OF PARTIES
COLLECTIVELY REFERRED TO AS GRANTOR
Ronald I. Alix 1446 Jefferson Avenue
Richard Bower and
Suzanne B. Fyvolent 1442 Jefferson Avenue
Edwin Flatto 1438 Jefferson Avenue
J. Craig Ferree Jr 1434 Jefferson Avenue
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RECORDED 1'.16/D.1/2014 11-J.'31-J.'26
DEED DOC: TAX 6 0
DOCUMENT COVER PAGE SURTAX F-1.45
HARVEY R.UVINP CLERK OF COUP.1'
HIANI-DADE COUlqTT y FLORICA
For those documents not providing the required
space on the first page, this cover page must be attached.
It must describe the document in sufficient detail to
prohibit its transference to another document.
An additional recording fee for this page must be remitted.
..................................................................................................................
(Space above this line reserved for recording office use)
Document Title: Easement and Maintenance Agreement
(Mortgage, Deed, Construction Lien, Etc.)
Executing Party: Ronald I. Alix, Richard Bower and Suzanne B. Fyvolent,Edwin Flatto
and J. Craig Ferree, Jr.,Grnator and City of Miami Beach, Grantee
Legal Description: THAT PORTION OF LAND LABELLED "PRIVATE ROADWAY"
(if Applicable)
IN PLAT BOOK 35, PAGE 52 IN THE PUBLIC RECORDS OF DADE COUNTY
As more fully described in above described document. EXHIBIT"A"
Return Document To/Prepared By:
Raul Aguila, Chief Deputy City Attorney
City of Miami Beach, Office of the City Attorney
1700 Convention Center Drive,4th Floor,Miami Beach, FL 33139
F.S. 695.26 Requirements for recording instruments affecting real property—
(Relevant excerpts of statute)
(1) No instrument by which the title to real property or any interest therein is
conveyed, assigned, encumbered, or otherwise disposed of shall be recorded by the
clerk of the circuit court unless:
(e) A 3-inch by 3-inch space at the top right-hand corner on the first page
and a 1-inch by 3-inch space at the top right-hand corner on each subsequent page
are reserved for use by the clerk of the court...
CLK/CT 155 Rev.04/11