Reso 2008-1363 - Laserfiche WebLink

Home Browse Search

-- 111111I1111111I111111111111111111111I11111111 Prepared bv and return to: Douglas G. Christy Wetherington, Hamilton, Harrison, & Fair, P.A. P.O. Box 172727 Tampa, FL 33672 CFN 2009R0381734 OR Bk 26879 P9S 1166 - 1169; (4P9Si RECORDED OS/27/2009 10:01:54 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE CoUHTY, FLORIDA PERPETUAL OPEN SPACE EASEMENT THIS INDENTURE AND PERPETUAL OPEN SPACE EASEMENT (the "Easement"), is made this S>-' day of t'\ M I:..\.-.. , 2009 between OCEAN RESERVE CONDOMINIUM ASSOCIATION, INC., a Rorida corporation not for profit, whose address is 19370 Collins Avenue, Sunny Isles Beach, Rorida, 33160, hereinafter referred to as the "Grantor", and CITY OF SUNNY ISLES BEACH, a municipality of the State of Rorida, whose address is 18070 Collins Avenue, Sunny Isles Beach, FL 33160, hereinafter referred to as "G ran tee" . WHEREAS, the Grantor is the entity responsible for the maintenance and operation of that certain condominium known as Ocean Reserve Condominium and described in the Declaration of Condominium of Ocean Reserve Condominium recorded in O.R. Book 24224, Page 2071, of the public records of Miami-Dade County, Rorida (the "Condominium"). , . WHEREAS, the Grantor is authorized and empowered to grant easements pursuant to Section 718.111 (10), Florida Statutes (2008) over the following described real property (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. AND WHEREAS, the Grantee desires a perpetual easement for the limited purpose of preserving open space over and across the Easement Area in connection with the construction and use of a public park by and for Grantee on real property abutting the Easement Area and all other related lawful public purposes provided for by Chapter 166, Florida Statutes. AND WHEREAS, the Grantor has agreed to convey and grant said interest in the Easement Area to the Grantee. WITNESSETH, that the Grantor, for good and valuable consideration by the Grantee, the receipt whereof is hereby acknowledged, by these presents does convey and grant unto the Grantee a perpetual easement for the limited purpose of preserving open space over and across the Easement Area in connection with the construction and use of a public park by and for Grantee and all other related lawful public purposes provided for by Chapter 166, Florida Statutes. Grantor shall be responsible for any liability or damages arising from the negligent use of the Easement Area by the Grantor, its agents, successors and assigns. Grantee shall be responsible for any liability or damages arising from the negligent use of the Easement Area by the Grantee. No use of the Easement Area by Grantee shall restrict, prevent or interfere with Grantor's maintenance, operation and preservation of the safe, clean, good and functional condition of the Easement Area or the Condominium in accordance with the standards of comparable first class developments and in full compliance with all applicable laws and regulations. Grantee shall further be required to construct, maintain and repair not less than eight