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RESOLUTION 84-17623 RESOLUTION NO. 84-17623 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH ACCEPTING THREE (3) EASEMENTS GRANTED BY HOTELERAMA ASSOCIATES, LIMITED TO THE CITY OF MIAMI BEACH FOR INGRESS AND EGRESS TO THE BEACHFRONT PARK AND PROMENADE, BID NO. 28-83, AS AMENDED. WHEREAS , in construction of the Beachfront Park and Promenade, Bid No. 28-83, it was necessary that the City obtain an easement for ingress and egress to those certain three crossings, two stairways and one ramp attached to the boardwalk; and WHEREAS, Hotelerama Associates, Limited, a Florida limited partnership, d/b/a Fontainebleau Hilton Hotel, the owner of the land to which the easements were sought, granted Easements for Parcels A-1, A-2 , and A-3 , copies of which Easements are attached hereto, to the City of Miami Beach under date of January 5 , 1984, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, that: This City Commission finds, determines and declares that 1. The matters set out in the foregoing recitals are true and correct; 2. The easements referred to herein as granted by Hotelerama Associates, Limited, a Florida limited partnership, d/b/a Fontainebleau Hilton Hotel are accepted by the City of Miami Beach; and 3 . The easements referred to herein shall forthwith be recorded in the Public Records of Dade County, Florida. PASSED and ADOPTED this 18th day of January , 1984 . 7-----.)-- ig-/ etc...1:24A ....------ Z;)' AYOR ., ATTEST: 761.1ARAL.21.0.egg7 FORM APPROVED CITY CLERK LEut RE S R/ h d AO - ►� 1-' - 194A vilait By �, ._r 'Date 0 . OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 np EASEMENT THIS GRANT OF EASEMENT made the day and year below written WITNESSETH THAT: WHEREAS, HOTELERAMA ASSOCIATES, LIMITED, a Florida limited partnership, d/b/a Fountainebleau Hilton Hotel (hereinafter referred to as "Grantor") , the owner of the land described below, located in Dade County, Florida; and WHEREAS, the CITY OF MIAMI BEACH, a Florida municipal corporation (hereinafter referred to as "Grantee" ) is the authority under which that certain public works project known as the Beachfront Park and Promenade was awarded pursuant to City of Miami Beach Bid No. 28-83, as amended: WHEREAS, the Grantee desires an easement for ingress and egress to those certain three (3) crossings, two (2) stairways and one (1) ramp attached to the boardwalk in a perpendicular fashion and extending from the right angles of said boardwalk, NOW, THEREFORE, Grantor , in consideration of the sum of One ($1 . 00) Dollar and other good and valuable consideration, receipt of which is hereby acknowledged, does by this instrument give and grant to the Grantee, its heirs and assigns, a perpetual easement for ingress and egress over, across and upon the aforementioned three (3) crossings, two (2) stairways and one (1) ramp, described as follows: LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A-1" This easement is granted with the express condition that Grantor shall have no responsibility for improving or maintaining the three (3) crossings, two (2) stairways, and one (1) ramp that presently exist. This conveyance is on the condition that if the Grantee has -1- • (16' "IL/ TLr tori nr•'[TV - 1700(TONVFNTIf^,! -^!TER DRIVE MAIPMM) nr'nr,i 11171q the three (3) crossings, two (2) stairways and one (1) ramp demolished, or otherwise removed under its auspices , title to the easement shall revert to and vest in the Grantor immediately and automatically. This easement is for the use of Grantee, its heirs and assigns. 4r-M Z?"7�� ' 198 . EXECUTED this �.. day of �.. - GRANTOR: HOTELERAMA ASSOCIATES , LIMITED a Florida Limited Partnership d/b/a FOUNTAINEBLEAU HILTON HOTEL Witnesses: BY: DM O.P. , a general partner _4474rae.'int.;6 By - TEP EN MUS , President . ( /STATE OF FLORIDA ) SS: COUNTY OF DADE BEFORE ME THIS DAY personally appeared STEPHEN MUSS, known to me to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed such instrument for the purposes therein expressed . WITNESS my hand and official seal , this , A' day of AL..0 . . 198 AOP / .444 Notar Public, State of f l• ida My Commission expires: NOTARY PUBLIC STATE CF FLORIDA' NY COMMISSION EXP. AUG 18,1987 BONDED MU GEN. INSURANCE UNO. RESR/jhd 11293B -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 BECHAM PS AYLWARD AND ASSOCIATES, INC. CONSULTING ENGINEERS • LAND SURVEYORS • PLANNERS FONTAINEBLEAU HILTON PROPERTY EASEMENT No.1 DESCRIPTION An 8. 00 feet wide access easement being a portion of Lot "A" of the Amended P Plat of "The Indian Beach Corporation' s Subdivision "as recorded in Plat Book 8, Page e 61 of the Public Records of Dade County, Florida, said ease- ment ase-rnent being .400 feet right and left of the following described centerline: 9 Commence at the intersection of the Southerly line of said Lot "A" with Erosion Control line as recorded in Plat Book 105, Page 62 the established � 8 of the Public Records of Dade County, Florida ; thence N0 ° 41 ' 33"E along the said Erosion Control line for 34.34 feet to the Point of Beginning of said easement centerline; said Point Westerlyof Beginning also being located 45. 00 feet of reference base line ne shown 177+96 as shon on sheet M 33 of a plans of l ans entitled "Beachfront Park and Promenade" as prepared by Bechamps s Aylward and Associates; thence N81° 18' 27"W for 9.00 feet to the termination of said centerline. 83-204 12/13/83 5805 N.W. BLUE LAGOON DRIVE, SUITE 400, MIAMI, FLA. 33126 (305) 266-7062 EXHIBIT A-1 � r EASEMENT THIS GRANT OF EASEMENT made the day and year below written. WITNESSETH THAT: WHEREAS, HOTELERAMA ASSOCIATES , LIMITED, a Florida limited partnership, d/b/a Fountainebleau Hilton Hotel (hereinafter referred to as "Grantor") , the owner of the land described below, located in Dade County, Florida; and WHEREAS , . the CITY OF MIAMI BEACH, a Florida municipal corporation (hereinafter referred to as "Grantee") is the authority under which that certain public works project known as the Beachfront Park and Promenade was awarded pursuant to City of Miami Beach Bid No. 28-83, as amended: WHEREAS, the Grantee desires an easement for ingress and egress to those certain three (3) crossings, two (2) stairways and one (1) ramp attached to the boardwalk in a perpendicular fashion and extending from the right angles of said boardwalk, NOW, THEREFORE, Grantor , in consideration of the sum of One ($1. 00) Dollar and other good and valuable consideration, receipt of which is hereby acknowledged, does by this instrument give and grant to the Grantee, its heirs and assigns, a perpetual easement for ingress and egress over , across and upon the aforementioned three (3) crossings, two (2) stairways and one (1) ramp, described as follows: LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A-2" This easement is granted with the express condition that Grantor shall have no responsibility for improving or maintaining the three (3) crossings, two (2) stairways, and one (1) ramp that presently exist. This conveyance is on the condition that if the Grantee has -1- Li \41 / OFFICE OF THE CITY ATTnRNEY - 1700 CONVFNTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 the three (3) crossings, two (2) stairways and one (1) ramp demolished, or otherwise removed under its auspices, title to the easement shall revert to and vest in the Grantor immediately and automatically. This easement is for the use of Grantee, its heirs and assigns . EXECUTED this day of (.%/ualc , 198 GRANTOR: HOTELERAMA ASSOCIATES , LIMITED a Florida Limited Partnership d/b/a FOUNTAINEBLEAU HILTON HOTEL Witnesses: BY: , KD'u __COR -a ;eneral partner BY 2601W _1; 77_40'01.4v7L-A % STE' EN MUSS , President STATE OF FLORIDA SS : COUNTY OF DADE BEFORE ME THIS DAY personally appeared STEPHEN MUSS , known to me to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed such instrument for the purposes therein expressed. WITNESS my hand and official seal this _c- day of ..1... , 198 . Aer A 4_ N6 ary Public, Sta' e • : Fonda My Commission expires: 1GT4RY PU18I.IC STATE OF FLAIDA MY COMMISSION EXP. AUG 18,1987 BONDED THRU GEN. INSURANC€ tJNO RESR/j hd 11293B -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 BECHAMPS AYLWARD AND ASSOCIATES, INC. CONSULTING ENGINEERS • LAND SURVEYORS • PLANNERS FONTAINEBLEAU HILTON PROPERTY EASEMENT No.2 DESCRIPTION An 8. 00 feet wide access easement being a portion of Lot "A" of the Amended Plat of "The Indian Beach Corporation' s Subdivision " as recorded in Plat Book 8, Page 61 of the Public Records of Dade County, Florida , said ease- ment being 4. 00 feet right and left of the following described centerline: Commence at the intersection of the Southerly line of said Lot "A" with the established Erosion Control Line as recorded in Plat Book 105, Page 62 of the Public Records of Dade County, Florida ; thence N08° 41 ' 33"E along the said Erosion Control Line for 242.34 feet to the Point of Beginning of said easement centerline; said Point of Beginning also being located 45.00 feet Westerly of reference base line Station 180+04 as shown on sheet M 33 of a set ofP l ans entitled "Beachfront Park and Promenade" as prepared by Bechamps Aylward and Associates; thence N81° 18' 27"W for 3.00 feet to the termination of said centerline. 83-20.4 12/13/83 5805 N.W. BLUE LAGOON DRIVE, SUITE 400, MIAMI, FLA. 33126 (305) 266-7062 EXHIBIT A-2 •4 EASEMENT THIS GRANT OF EASEMENT made the day and year below written. WITNESSETH THAT: WHEREAS, HOTELERAMA ASSOCIATES , LIMITED, a Florida limited partnership, d/b/a Fountainebleau Hilton Hotel (hereinafter referred to as "Grantor") , the owner of the land described below, located in Dade County, Florida; and WHEREAS, the CITY OF MIAMI BEACH, a Florida municipal corporation (hereinafter referred to as "Grantee" ) is the authority under which that certain public works project known as the Beachfront Park and Promenade was awarded pursuant to City of Miami Beach Bid No. 28-83, as amended: WHEREAS, the Grantee desires an easement for ingress and egress to those certain three (3) crossings, two (2) stairways and one (1) ramp attached to the boardwalk in a perpendicular fashion and extending from the right angles of said boardwalk, NOW, THEREFORE, Grantor, in consideration of the sum of One ($1. 00) Dollar and other good and valuable consideration, receipt of which is hereby acknowledged, does by this instrument give and grant to the Grantee, its heirs and assigns, a perpetual easement for ingress and egress over , across and upon the aforementioned three (3) crossings , two (2) stairways and one (1) ramp, described as follows: LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A-3" This easement is granted with the express condition that Grantor shall have no responsibility for improving or maintaining the three (3) crossings, two (2) stairways, and one (1) ramp that presently exist. This conveyance is on the condition that if the Grantee has _1- di) 11jV the three (3) crossings, two (2) stairways and one (1) ramp demolished , or otherwise, removed under its auspices , title to the easement shall revert to and vest in the Grantor immediately and automatically. This easement is for the use of Grantee, its heirs and assigns . , 1:7-14 EXECUTED this day of NicriVarif , 198 , GRANTOR: HOTELERAMA ASSOCIATES, LIMITED a Florida Limited Partnership d/b/a FOUNTAINEBLEAU HILTON HOTEL Witnesses: BY: . 11M COR? g eneral partner tp:___:2t2,--rzir By 1,,,girfik" .STEP',EN " SS , President STATE OF FLORIDA SS: COUNTY OF DADE BEFORE ME THIS DAY personally appeared STEPHEN MUSS, known to me to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed such instrument for the purposes therein expressed. WITNESS my hand and official seal this day of '1(Y tiOA !di �✓ Notary Public, S rat- of Florida My Commission expires: NOTARY PU8tIC STATE OF FLORIDA. MY COMMISSION EXP. AUG 18,1987" BONDED THRU GEN. INSURANCE. UND. RESR/j hd 11293B -2- OFFICE O -1'-4E CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 BECHAMPS AYLWARD AND ASSOCIATES, INC. CONSULTING ENGINEERS • LAND SURVEYORS • PLANNERS FONTAINEBLEAU HILTON PROPERTY EASEMENT No.3 DESCRIPTION An 8. 00 feet wide access easement being a portion of Lot "A" of the Amerided Plat of "The Indian Beach Corporation 's Subdivision "as recorded in Plat Book 8, Page 61 of the Public Records of Dade County, Florida , said ease- ment being 4.00 feet right and left of the following described centerline: Commence at the intersection of the Southerly line of said Lot "A" with the established Erosion Control Line as recorded in Plat Book 105, Page 62 of the Public Records of Dade County, Florida ; thence N08°41 ' 33"E along the said Erosion Control line for 634.34 feet; thence N81° 18' 27"W for 1 .50 feet to the Point of Beg i»ni ng of said easement centerline; said Point of Beginning also being located 46.50 feet Westerly of reference base line station 183+96 as shown on sheet M 33 of a set of plans entitled "Beach- front Park and Promenade "as prepared by Bechamps Aylward and Associates; thence N81° 18' 27"W for 33.00 feet; thence N08°41"33"E for 24.00 feet; thence N81° 18' 27"W for 28.00 feet to the termination of said centerline. Also: A 1 . 50 feet wide access easement being a portion of said Lot "A" , said ease- ment being more particularly described as follows : Commence at the inter- section nter- section of the Southerly line of said Lot "A" with the said established Erosion Control line; thence N08° 41 ' 33"E along said Erosion Control line for 606.34 feet to the Point of Beginning; thence continue N08°41 '33"E along said Erosion Control line for 32.00 feet; thence N81' 18' 27"W for 1 .50 feet;thence S08° 41 ' 33"W for 32. 00 feet; thence S81° 18' 27"E for 1 .50 feet to the Point of Beginning. 83-204 12/13/83 5805 N.W. BLUE LAGOON DRIVE, SUITE 400, MIAMI, FLA. 33126 (305) 266-7062 EXHIBIT A-3 ORIGINAL RESOLUTION NO. 84-17623 (Accepting three (3) Easements granted by Hotelerama Associates, limited to the Miami Beach for Ingress and Egress to the Beachfront Park and Promenade, Bid No. 28-83, as amended)