HomeMy WebLinkAboutReso 2013-2126 RESOLUTION NO. 2013- 2,12.4
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE
NEW DEED OF CONSERVATION EASEMENT TO THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD) IN ORDER TO AUTHORIZE THE
CONSTRUCTION OF AN EMERGENCY PEDESTRIAN
BRIDGE CONNECTING NORTH BAY ROAD BETWEEN
N
172 ll AND 174'I'H STREETS, ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE
SAID EASEMENT; AUTHORIZING THE CITY MANAGER
AND CITY ATTORNEY TO DO ALL THINGS NECESSARY
TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City"), as successor in interest to 17070
Collins Avenue Shopping Center, Ltd., granted in favor of the South Florida Water Management
District ("District") that certain Deed of Conservation Easement dated November 14, 2000, and
recorded in Official Record Book 19377 at Pages 1775-1782 of the Public Records of Miami-
Dade County (the "Conservation Easement"); and
WHEREAS, a portion of the Conservation Easement encumbers the real property
needed to construct the City's emergency pedestrian bridge connecting North Bay Road between
172"d and 174`!' Streets, to be used for pedestrian and emergency vehicles only; and
WHEREAS, the City desires to grant an additional Conservation Easement area with the
South Florida Water Management District (SFWMD) required for regulatory approval; and
WHEREAS, the City desires to execute a new Deed of Conservation Easement,
attached hereto as Exhibit "A" in order to authorize the Construction of an emergency pedestrian
bridge consistent with the District's Permit Number 090408-3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified
and confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Approving the New Deed of Conservation Easement. The City Commission
hereby approves the new Deed of Conservation Easement, attached hereto as Exhibit "A", in
order to authorize the construction of the emergency pedestrian bridge connecting North Bay
Road between 172"d and 174th Streets.
R2013—Consen anon Casement for SI VNII)Peel Bridge Page 1 of 2
Section 3. Authority of the Mayor. The Mayor is hereby authorized to execute said
Easement.
Section 4. Authority of the City Manager and City Attorney. The City Manager and City
Attorney are authorized to do all things necessary to effectuate this Resolution.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 17th day of October 2013.
LL:„.....-) ..
a.,,id d,, ,-
ayor Norman S. Edelcup
•
ATTEST:
Jane A. Hines, MMC, City Clerk
APPROVED AS TO FORM
AN 1 v i • L UFFICIENCY:
i/ At
Ha'T i ttinot, City Attorney
Moved by: _____Vi co I M \ r PE `pia
Seconded by: 1.-ko t_L
Vote: Cj -b
Mayor Edelcup I(Yes) (No)
Vice Mayor Aelion (Yes) (No)
Commissioner Gatto (Yes) (No)
Commissioner Levin (� Yes) (No)
Commissioner Scholl V(Yes) (No)
R2fl1,i—(on,cry ation I:ascmcnt t)r SI'\x'\II)I'c"RRr dgc I'asc 2 of 2
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CFN 2 0 1 6 R 0 1 7 8 0 i o •
OR BK 30007 P9s 4265-4277 (13F'9s)
RECORDED 013/22/2016 11:54:40
HARVEY RUVIN: CLERK OF COURT
HIAIII-DADE COUNTY: FLORIDA
. - SOUTH FLORIDA WATER MANAGEMENT DISTRICT
DEED OF CONSERVATION EASEMENT
•
Return recorded document to:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Environmental Resource Compliance
3301 Gun Club Road
West Palm Beach, FL 33406
THIS DEED OF CONSERVATION EASEMENT is given this � I day of
1\44- , 20 (So , by -CND CAI O F Stod tc t., t t, f uesa-&D A,
OuN1GPA-i-CoQ -+a.-nopJ bf4 -nli?.ED UNOEO- i14 LAWS o f T+1-s- 5rprs or hWa-4ox
n/�
("Grantor") whose mailing
address is x%010 CoLArJS 4VENUE. FL-000-, SJn1N1 ISue- avve-14, f a- A.
IPA(4,0 .
to the South Florida Water Management District ("Grantee"). As used herein, the term "Grantor" shall include any and all
heirs, successors or assigns of the Grantor, and all subsequent owners of the"Property"(as hereinafter defined)and the term
"Grantee"shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in
• MINA1' 41)5
County, Florida, and more specifically described in Exhibit"A"attached hereto and incorporated herein("Property"); and
WHEREAS, the Grantor desires to construct A'd £ME`R-4 JCAI `e-b6-STV't'1".4 66-4°4E'
("Project") at a site in WAWA ' �AL∎E County, which is subject to the regulatory
jurisdiction of South Florida Water Management District("District"); and
•
WHEREAS, District Permit No. O°1OkO 3 ("Permit") authorizes certain
activities which affect waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate wetlands and/or uplands
under the District's jurisdiction; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and
securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the area
described on Exhibit"B"("Conservation Easement").
•
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
Form 1190(12/2011) Page 1 of 9
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted
activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the
adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the property described on Exhibit "B"which shall run with the
land and be binding upon the Grantor, and shall remain in full force and effect forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made
a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural,
vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish,
plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement which are to be enhanced or
created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce
the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by
Grantor at the time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation
Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged
by any inconsistent activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or
surface water management improvements, or other activities described herein that are permitted or required by the
Permit, the following activities are prohibited in or on the Conservation Easement:
a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other
structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash,
waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or
nuisance vegetation in accordance with a District approved maintenance plan;
• d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such
manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to remain in its natural or
enhanced condition;
f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil
conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or water areas;
h. Acts or uses which are detrimental to the preservation of the structural integrity or physical
appearance of sites or properties having historical, archaeological, or cultural significance.
4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to
engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria,
permit and the intent and purposes of this Conservation Easement.
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
Form 1190 (12/2011) Page 2 of 9
5. No Dedication. No right of access by the general public to any portion of the Property is conveyed by this
Conservation Easement.
6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation,
upkeep or maintenance of the Property.
7. Property Taxes. Grantor shall keep the payment of taxes and assessments on the Easement Parcel
current and shall not allow any lien on the Easement Parcel superior to this Easement. In the event Grantor fails to
extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be
obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the
Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law,
no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed
to Grantee shall constitute a lien against the Easement Parcel which shall automatically relate back to the recording date
of this Easement. Grantee may foreclose this lien on the Easement Parcel in the manner provided for mortgages on real
property.
8. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall
be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in
the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights
hereunder.
9. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes.
• Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or
entity qualified to hold such interests under the applicable state laws.
10. Severability. If any provision of this Conservation Easement or the application thereof to any person or
circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected
thereby, as long as the purpose of the Conservation Easement is preserved.
11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in
any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation
Easement.
12. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing
and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the
appropriate party or successor-in-interest.
13. Modifications. This Conservation Easement may be amended, altered, released or revoked only by
written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the
public records in AI Amt Dttoe County.
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
Form 1190 (12/2011) Page 3 of 9
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes
imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in
perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the
Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation
Easement; and all mortgages and liens on the Conservation Easement area, if any, have been subordinated to this
Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement; and that
it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF,
Ccorz4G N. SCI OL,I
(Grantor)has hereunto set its authorized hand this (1.11 day of (If1 , 20 t;fo
ClOF SQN, 1SEA •
a Florida co oration
By:
( gnature)
Name: Cieo(.6 �• So-
(Print)
M
Title: kkloe—
Signed, sealed a, delivere our presence as witnesses: 0
• .
By: ` By: �.., ►.4)
I (Sig °,III3 (Signature) • ,
L
Name: IZ ge Name: A - t '
(Print) (Print)
APP I'VE I TO FORM
/ IFHCIENCY' 6 NO ,CI ATT 4 RNEY
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
Form 1190 (12/2011) Page 4 of 9
STATE OF FLORIDA
)ss:
COUNTY OF A Al - ‘)4D'6
On this (1 day of itikt-C,14 20 (C, before me,
the undersigned notary public, personally appeared C,Eptc,e A. 5 1,1, , the person
who subscribed to the foregoing instrument, as the M�0� (title), of
lice cAr of SkINN ttL.' s PjEACA4 (corporation), a Florida corporation, and
acknowledge that he/shel executed the same on behalf of said corporate n and the he/she was duly authorized to do so.
He/She is personally known to me or has produced a N/A (state) driver's
license as identification. n
IN WITNESS WH•'EOFjO:. h� cr,runto set my hand and official seal.
NOTARY PUB.1C 311 FLORIDA
moist j,//l/ij /-.
pp�� (Signature)
Name: I�t�U't1C10 ''n4it/CU2
(Print)
My Commission Expires:
I ` "q; .MAURICIO BETANCUR
., ;:.. -i:A Notary Public=State of Flotida. '-
•') .':' ca .` :My Comm..Expires May 4.2017
%1�-�` :f Commission#EE 879454 r
°i F Bonded.Through National.Notary Assn.,
•
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
�fwmsl.9 ,
Form 1190 (12/2011) Page 5 of 9
MORTGAGEE JOINDER, CONSENT AND SUBORDINATION
For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which w-
hereby acknowledged, , the
owner and holder of a mortgage dated , in the original principal :mount of$
, given by
("Grantor")to
("Mortgag-e"), encumbering the
real property described on Exhibit"A" attached hereto ("Property"), which is recorded in Official '--cords Book
, at Page , (together with that
certain Assignment of Leases and Rents recorded in Official Records Book
at Page and those certain UCC-1 Financing Statemen ) recorded in Official Records
Book , at Page , all of the Public Records
of County, Florida (said •ortgage, assignment of leases and
rents, and UCC-1 Financing Statements, as modified, are hereinafter referred to -s the"Mortgage"), hereby joins in,
consents to and subordinates the lien of its Mortgage, as it has been, and as i ay be, modified, amended and assigned
from time to time, to the foregoing Conservation Easement, executed by
in favor of the South Florida Water Management District applicable to the onservation Easement, as said Conservation
Easement may be modified, amended and assigned from time to time, ith the intent that the Mortgage shall be subject
and subordinate to the Conservation Easement.
IN WITNESS WHEREOF, this Mortgagee Joinder, Cons= t and Subordination is made this
day of - , 20
By:
(Signature) (Mort.,-gee)
Name:
(Print)
Title:
WITNESSES:
By: By:
(Signatur- (Signature)
Name: Name:
rint) (Print)
T IS PAGE WAS LEFT BLANK INTENTIONALLY
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
orm 1190(12/2011) Page 6 of 9
STATE OF FLORIDA
•
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20
by int name),
as (title)of
(Grantor of Mortgage), on behalf of the ( ortgagee, Grantor
of the Conservation Easement). He/She is personally known to me or has produced a (state)
driver's license as identification.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
(Signature)
Name:
(Print)
•
My Commission Expires:
T IS PAGE WAS LEFT BLANK INTENTIONALLY
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
Form 1190(12/2011) Page 7 of 9
EXHIBIT A
JDESCRIPTION OF PROPERTYL.
•
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
Form 1190 (12/2011) Page 8 of 9
EXHIBIT A
LAID DESCRIPTION
The East 400 feet of that part of the North 100 feet of Lot 2,TATUM'S SUBDIVISION,lying
West of the Westerly Right-of-way line of State Road A,LA.,acooding to the plat thereof,as
recorded in Plat Book 10,Page 64,of the Public Records of Miami Dade County,Florida.
AND:
•
•
The South 100 feet of the East 600 feet of Lot 3,TATUM'S OCEAN PARK SUBDIVISION,
according to the Plat,thereof, as recorded in Plat Book 10, Page 64 of the Publicleeor+delof
Miami-Dade County,Florida lying West of the Westerly Right-of-way line of State Road A,L.A.
•
•
•
•
•
.
I
EXHIBIT B
(LEGAL DESCRIPTION AND SKETCH OF CONSERVATION AREAL
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
Form 1190(12/2011) Page 9 of 9
LEGAL DESCRIPTION
DEDICATION OF ADDITIONAL CONSERVATION EASEMENT
CITY OF SUNNY ISLES BEACH,MIAMI-DADE COUNTY,FLORIDA
A portion of the East 400 of the North 100 feet of Lot 2, TATUMS SUBDIVISION, lying West
of the Westerly Right-of-Way line of State Road A-1A, according to the plat thereof as recorded
in Plat Book 10, Page 64 of the Public Records of Miami-Dade County, Florida together with a
portion of Lot 3 of said TATUMS SUBDIVISION all being more particularly described as
follows:
COMMENCE at the Southeast corner of 100 foot wide Conservation Easement as recorded in
Official Records Book 19377, Page 1775 of the Public Records of Miami-Dade County, Florida,
said point being on the at the North line of Lot 29, SOUTH SHORE ESTATES, according to the
plat thereof as recorded in Plat Book 52, Page 69 of the Public Records of Miami-Dade County,
Florida;
THENCE North 86°54'08" East on the South line of said North 100 feet of Lot 2, TATUMS
SUBDIVISION and on said North line of Lot 29, SOUTH SHORE ESTATES, a distance of
67.49 feet to the POINT OF BEGINNING of this description;
THENCE North 02°32'18" East, a distance of 100.49 feet to the intersection with the North line
of said Lot.2 TATUMS SUBDIVISION also being the South line of said LOT 3, TATUMS
SUBDIVISION;
THENCE South 86°54'08" West on said North line of Lot 2, TATUMS SUBDIVISION, a
distance of 67.49 feet;
THENCE North 02°32'18" East on the Northerly extension of the East line of said Conservation
Easement as recorded in Official Records Book 19377, Page 1775 of the Public Records of
Miami-Dade County, Florida, a distance of 27.00 feet;
THENCE North 86°54'08" East parallel with said North line of Lot 2, TATUMS
SUBDIVISION, a distance of 139.49 feet;
THENCE South 02°32'18" West parallel with said East line of the Conservation Easement as
recorded in Official Records Book 19377, Page 1775 of the Public Records of Miami-Dade
County, Florida, a distance of 127.49 feet to the intersection with said South line of the North
100 feet of Lot 2, TATUMS SUBDIVISION and said North line of Lot 29, SOUTH SHORE
ESTATES;
THENCE South 86°54'08" West on said South line of the North 100 feet of Lot 2, TATUMS
SUBDIVISION and said North line of Lot 29, SOUTH SHORE ESTATES, a distance of 72.00
feet to the POINT OF BEGINNING;
Prepared by
CALVIN,GIORDANO&ASSOCIATES,INC.
1800 Eller Drive,Suite 600
Fort Lauderdale,Florida
August 28,2013
P:\Projects\2011\114582 Sunny Isles Beach Bridge Permitting\Survey\Legal Descriptions\I 1-4582-Additional dedication Cons_Esmt.docx
SHEET 1 OF 3
Said lands lying in the City of Sunny Isles Beach, Miami-Dade County, Florida, and containing
10,948 square feet(0.251 acres), more or less.
SURVEYOR'S NOTES:
1. Not valid without the signature and original raised seal of a Florida Licensed Surveyor
and Mapper.
2. Lands shown hereon were not abstracted by the Surveyor,for Rights-of-Way, Easements,
Ownership, or other instruments of record.
3. The information shown hereon does not represent a Boundary Survey.
4. Bearings hereon are referenced to the North line of Lot 29, SOUTH SHORE ESTATES
as recorded in Plat Book 52, Page 69 of the Public Records of Miami-Dade County,
Florida, having a bearing of South 86°54'08" West.
CALV f , GIORDAN► : ASSOCIATES,INC.
`_�/_�r lit 5-2g-zoo •
rego J. • e l ents
Profession..I Surveyor and Mapper
Florida R.gistration Number 4479
Prepared by:
CALVIN,GIORDANO&ASSOCIATES,INC.
1800 Eller Drive,Suite 600
Fort Lauderdale,Florida
August 28,2013
P:\Projects\201 I\l 14582 Sunny Isles Beach Bridge Permitting\SurveylLegal Descriptions\I1-4582-Additional dedication Cons_Esmt.docz
SHEET 2 OF 3
OR BK 30007 PG 4277
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1 111111 III11 11111 11111 11111 11111 111111111 liii
CFN 2016R0343986
OR BY. 30111 Pas 2535-2547 (i3P9s)
RECORDED 06/13/2016 14:46:41
DEED DOC TAX $0.60
SURTAX $0.45
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
SOUTH FLORIDA WATER MANAGEMENT,DISTRICT
DEED OF CONSERVATION EASEMENT
ANp
Return recorded document to: CIERR 0
SOUTH FLORIDA WATER MANAGEMENT DISTRICT t34
Environmental Resource Compliance _ - • �+z;1 '"
a; f:-
3301 Gun Club Road � �' c$; ,
West Palm Beach, FL 33406 No EoowEat���F
THIS DEED OF CONSERVATION EASEMENT is given this ' day of
�n ((1� , 20 Co( , by Tilt Ct ( O� Sur1N (CLec ' 6•Pc , FLotzt DA, A
M.t1)vtG 4LCuz ot.sierie7n1 OcA-14i7- b ur3bE2 tWe J S or '& S'rs O 4-oatt
1
/n1 ("Grantor") whose mailing
address is 1501 D l..ot_Lr 4S AVt VUE, 1{" f. t..., SJNtN' lctz—g Bt4e (, Ft-ore-t 0v
33140
•
to the South Florida Water Management District ("Grantee"). As used herein, the term "Grantor" shall include any and all
heirs, successors or assigns of the Grantor, and all subsequent owners of the"Property" (as hereinafter defined) and the term
"Grantee"shall include any successor or assignee of Grantee.
WITNESSETH M WHEREAS, the Grantor is the owner of certain lands situated in M I 1161,1 - Ai)E,
County, Florida, and more specifically described in Exhibit"A"attached hereto and incorporated herein("Property"); and
WHEREAS, the Grantor desires to construct ILJ t ME 4 fJ(r-( l el)c.S .}2.-4 (LAOGc
("Project") at a site in M t A-W1 I • D Fob E County, which is subject to the regulatory
jurisdiction of South Florida Water Management District("District"); and
WHEREAS, District Permit No. O tO4-CA-3 ("Permit") authorizes certain
activities which affect waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate wetlands and/or uplands
under the District's jurisdiction; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and
securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the area
described on Exhibit"B"("Conservation Easement").
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
Form 1190(12/2011) Page 1 of 9
•
•
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted
activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the
adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the property described on Exhibit"B"which shall run with the
land and be binding upon the Grantor, and shall remain in full force and effect forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made
a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural,
vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish,
plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement which are to be enhanced or
created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit.
To carry out this purpose,the following rights are conveyed to Grantee by this easement:
a To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce
the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by
Grantor at the time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation
Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged
by any inconsistent activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or
surface water management improvements, or other activities described herein that are permitted or required by the
Permit, the following activities are prohibited in or on the Conservation Easement:
a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other
structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash,
waste,or unsightly or offensive materials; -
c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or
nuisance vegetation in accordance with a District approved maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such
manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to remain in its natural or
enhanced condition;
f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil
conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or water areas;
h. Acts or uses which are detrimental to the preservation of the structural integrity or physical
appearance of sites or properties having historical, archaeological, or cultural significance.
4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to.
engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria,
permit and the intent and purposes of this Conservation Easement. _;
�PNo couy oo •
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C. 1 Y f. 1.
Form 1190(12/2011) z gip.- •�a1
% IN GOO WE TRUST .7 i .;
`CGy, ts-..,,''
h'
•
5. No Dedication. No right of access by the general public to any portion of the Property is conveyed by this
Conservation Easement.
6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation,
upkeep or maintenance of the Property.
7. Property Taxes. Grantor shall keep the payment of taxes and assessments on the Easement Parcel
current and shall not allow any lien on the Easement Parcel superior to this Easement. In the event Grantor fails to
extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be
obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the
Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law,
no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed
to Grantee shall constitute a lien against the Easement Parcel which shall automatically relate back to the recording date
of this Easement. Grantee may foreclose this lien on the Easement Parcel in the manner provided for mortgages on real
property.
8. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall
be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in
the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights
hereunder.
9. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes.
Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or
entity qualified to hold such interests under the applicable state laws.
10. Severability. If any provision of this Conservation Easement or the application thereof to any person or
circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected
thereby, as long as the purpose of the Conservation Easement is preserved.
11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in
any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation
Easement.
12. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing
and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the
appropriate party or successor-in-interest.
13. Modifications. This Conservation Easement may be amended, altered, released or revoked only by
written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the
public records in Miami-Dade County.
_i'N.couyly
J` CLERK O
U • y
.
1-7,4 u:c-ODofrsust
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C. \�*. o ,
V•x 42 1
Form 1190 (12/2011) Page 3 of 9
•
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes
imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in
perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the
Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation
Easement; and all mortgages and liens on the Conservation Easement area, if any, have been subordinated to this
Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement; and that
it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all
persons whomsoever.
///��
IN WITNESS WHEREOF,
6►C( .L-1F. • S Cho l.-1.
(Grantor) has hereunto set its authorized hand this 10'21 day of urIE • , 20 ((O 5( -62, rbERekt
CA-t1 acorporation y:
(Signature)
Name: r 60 U.6 I. S O Lt.
(Print)
Title: M R-j Op--
Signed, sealed and delivered in our presence as witnesses:
By: - filS.C.MUL ck By: PAAV2 • ;A `.,_A__ -
(Signature) (Signature)J�
Name: J�tsu■�-Q- 1—' �+4e�jo� Name: 3--Pr-t\) tit 1J C--c•
(Print) (Print)
APPR I At v.'' o.FORM
fAit...t 1) /4
`l
rl 4 r N f7T, CI ATT. ' Y
yam.
1PN�c WAR
UJ 0G`
miti: Q
N .Goowinarst�I
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C. ^t. ,�, ty�
Form 1190(12/2011) Page 4 of 9 •
STATE OF FLORIDA
)ss:
COUNTY OF IV 1 L Iii -�11--�e
On this L0 day of JANE • , 20 Op before me,
the undersigned notary public, personally appeared &lE0'2C.t; 11, SQ 4ot..L- , the person
who subscribed to the foregoing instrument, as the 0 Aloe-- (title), of
Tht C t-"-f (o u NY'y 1 SL,e5 B c A C1-( (corporation), a Florida corporation, and
acknowledgbd that he/she eicecuted the same on behalf of said corporation and the he/she was duly authorized to do so.
He/She is personally known to me or has produced a ri I k (state) driver's
license as idenTification.
IN WITNESS WHEREOF, I hereu '. set n flan. -nd official seal.
NOTARY PUBLIC, STATE OF ` 0- `A
.,-1119, ' Or
(Signature)
Name: MtlijaALL0 /e_Aje
(Print)
My Commission Expires:
.MAURICIO BETANCUR
' f 4,=.4„.. � i
°.._ .`. Notary"Public=.State of Florida. 4.
s
± •.: * 2:My"Comm.:Expires May 4,2017
∎� Commission#EE 879454" .
,�••.F OF.f��p•�'
1 , ,, Bonded Through National_Notary Assn.V
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IN GOD WE TRUST ilI.
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C. _'o..„_ .
,.`.•r • • .:
Form 1190(12/2011) Page 5 of.9
MORTGAGEE JOINDER, CONSENT AND SUBORDINATION
For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which ar-
hereby acknowledged, , the
owner and holder of a mortgage dated , in the original principal :mount of$
, given by
' ("Grantor")to
("Mortgag-e"), encumbering the
real property described on Exhibit"A"attached hereto ("Property"), which is recorded in Official --cords Book
, at Page , (together with that
certain Assignment of Leases and Rents recorded in Official Records Book ,
at Page and those certain UCC-1 Financing Statemen ) recorded in Official Records
Book , at Page , all of the Public Records
of County, Florida (said -ortgage, assignment of leases and
rents, and UCC-1 Financing Statements, as modified, are hereinafter referred to -s the"Mortgage"), hereby joins in,
consents to and subordinates the lien of its Mortgage, as it has been, and as i ay be, modified, amended and assigned
from time to time, to the foregoing Conservation Easement, executed by ,
in favor of the South Florida Water Management District applicable to the onservation Easement, as said Conservation
Easement may be modified, amended and assigned from time to time, ith the intent that the Mortgage shall be subject
and subordinate to the Conservation Easement.
IN WITNESS WHEREOF, this Mortgagee Joinder, Cons= t and Subordination is made this
day of , 20 .
By:
(Signature) (Mort!-gee)
Name:
(Print)
Title:
WITNESSES:
By: By:
(Signatur• (Signature)
Name: Name:
rint) (Print)
T IS PAGE WAS LEFT BLANK INTENTIONALLY
P�°CO 411.k
,. CIERK oO
flu f s
ce‘A e.
in
,•."; IN GOD WE TaLLST _
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C. ''',11)F_O .�?:`` •
i 7-111:;=f. .
orm 1190(12/2011) Page 6 of 9
STATE OF FLORIDA
• COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20
by t int name),
as (title)of
(Grantor of Mortgage), on behalf of the ( ortgagee, Grantor
of the Conservation Easement). He/She is personally known to me or has produced a (state)
driver's license as identification.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
(Signature)
Name:
(Print)
My Commission Expires:
T IS PAGE WAS LEFT BLANK INTENTIONALLY =<
op CON.);
s J� CLERK �O
_ fir N
t
eODWR latif
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C. =`
m
Form 1190(12/2011) Page 7 of 9
EXHIBIT A
JDESCRIPTION OF PROPERTY(
CouiT),
CLERIC CO
iJ p
Lei FAD WE 001.51
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
Form 1190(12/2011) Page 8 of 9
•
•
•
EXHIBIT A •
LAND DESCRIPTION
The East 400 fget of that part of the North 100 feet of Lot 2,TATUM'S SUBDIVISION,lying
West of the Westerly Right-of-way line of State Road A,1.A,,according to the plat thereof, as •
recorded in Plat Book 10,Page 64,of the Public Records of Miami-Dade County,Florida.
AND. •
The South 100 feet of the East 600 feet of Lot 3, TATUM'S OCEAN PARK SUBDIVISION,
according to the Plat,thereof, as recorded in Plat Book 10,Page 64 of the Public Rceards oof •
Miami-Dade County,Florida lying West of the Westerly Right-of-way be of State Road A.1.A,
• t
• i
I
••
•
•
•
P�0 COUA:4;
te, co_:
g 1.
{� ca Tai (Q'
EXHIBIT B
fLEGAL DESCRIPTION AND SKETCH OF CONSERVATION AREAL
•
•
•
•
•
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p ccUN�,
1 co!K Co
(.7
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oz 0 *41-4.i.:1 "")
`..y ..co wt W S Est
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
---StatinCIAM9X.
Form 1190(12/2011) . Page 9 of 9
•
•
EXHIBIT B
•
LEGAL DESCRIPTION
MANGROVE MITIGATION PLAN • FLORIDA
OF SUNNY ISLES BEACH,MIAMI-DADE COUNTY,
A parcel of land being a portion of Lot 3, TATUMS SUBDMSION, according to the plat
thereof as recorded in Plat Book 10, Page 64 of the Public Records of Miami-Dade County, •
Florida and being more particularly described as follows;, , • •
COMMENCE at the Southeast corner of a 100 foot wide Conservation Easement as described
in Official Records Book 19377, Page 1775 of the Public Records of Miami-Dade County,
Florida;
THENCE North 02°32'18" East on the East line of said Conservation Basement,also being the
Westerly line of East 400 of the North 100 feet of Lot 2,TATUMS SIJBDMSION,also being
the West line of a parcel of land described in Official Records Book 20345,Page 3004 of Miami-
Dade County Records,a distance of 100.49 feet to the intersection with the Northerly line of said
•
Lot 2,said point also being the POINT OF BEGINNING;
THENCE South 86°54'08"West on the North line of said Conservation Easement,a distance of
201.03 feet to the intersection with the West line of**South 100 fbet of the East 600 feet of Lot {{
3 of said TATUMS SUBDIVISION and the West line of said parcel of land described in Official 1
Records Book 20345,Page 3004,Miami-Dade County Records;
' THENCE North 02°32'18" East on said West line of the South WO feet of the East 600 feet of
Lot 3, a distance of 100.49 feet to the intersection with the South line of WINSTON TOWERS
600, as recorded i'n Plat Book 113, Page 81, of the Public Records of Miami-Dade County,
Florida;
•
THENCE North 86°54'08" East on said South line of WINSTON TOWERS 600, a distance of
65.51 feet;
THENCE South 59°35'31"West,a distance of 25.61 feet;
•
THENCE South 07°02'01"West,a distance of 31.10 feet;
THENCE South 12°26'08°East,a distance of 30,34 feet;
•
THENCE South 37°21'17"East,a distance of 8.47 feet;
THENCE North 86°36'32"East,a distance of 72.80 feet;
THENCE South 57°57'49"Bast,a distance of 10,72 feet;
•
FenitlitIORDANO&ASSOCIATES,INC. PyQ
4 CLOE4K W rr(
,V i a�EthU t t O
j7aa4t°d611U1458EUnyG a halt bridge pefffkig isury vU a INdatyipgc 11.45A2N4dadNgatio:mdm
124cA
SHEET I Mil.,
•
1 '
EXHIBIT
THENCE North 86°42'05"East,a distance of 32.62 feet; •
THENCE North 48°58'19"East,a distance of 9.27 feet;
THENCE North 57°53'17°East,a distance of 15,39 feet;
THENCE North 72°32'32"East,a distance of 12.87 feet;
THENCE South 02°32'18"West,a distance of 32.80 feet to the POINT OF BEGINNING.
•
Said lands lying and being in the City of Sunny Isles Beach,Miam•Dade County,Florida,and
containing 7,914 square feet(0.182 acres),more or less.
SURVEYOR'S NOTES:
1. Not valid without the signature and original raised seal of a Florida Licensed Surveyor
and Mapper.
1 Lands shown hereon were not abstracted by the Surveyor,for Rights-of-Way,Easements,
Ownership,or other instruments of record,
•
3. The information shown hereon does not represent a Boundary Survey.This description
was prepared from documents recorded in the Public Records of Miami-Dade County and
with the benefit of Record As-Built drawings of the Skate Park prepared by West
•
Architecture and Design,LLC,last dated 10-4-2010
4. Bearings hereon are referenced to the North line of SOUTH SHORE ESTATES as
recorded in Plat Book 52,Page 69 of the Public Records of Miami-Dade County,Florida,
having a bearing of South 86°54'08"West.
•
CALVIN,GIORDANO& •, SOCIATES,INC.
•
,fie. . / 4 -17-20e
Profession: .urveyar and Mapper
Florida Registration Number 4479
•
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• ts7JY/S
o�S .::a `FS� City of Sunny Isles Beach
ti )9 18070 Collins Avenue
Sunny Isles Beach, Florida 33160
a •'F.M /Ps
sf ,=F L o4° s� (305)947-0606 City Hall
c'TY of 5,4r+ � (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Helen Gray, PE, City Engineer
DATE: 10/17/2013
RE: A Resolution Granting Additional Conservation Easement Area to
the South Florida Water Management District
• RECOMMENDATION:
We recommend City Commission approve the resolution.
REASONS:
A required permit for the Pedestrian and Emergency Vehicular Bridge is from the
South Florida Water Management District (SFWMD). In processing the
application for the SFWMD Environmental Resource Permit, additional
conservation easement area is being required. In May 2013 City Commission
approved granting easements for replacement conservation area and new
easement area for mangrove mitigation; which have been approved and
accepted by SFWMD. The permit is currently in the public appeal period.
COST:
None at this time.
ATTACHMENTS:
• Resolution
•
Agenda Item No WE
Date 10/17/2013
170
I 1I11 110110111110111111001110111110(lii (1111001
CFI-4 2018802204-32
OR BK 30937 F'3s 381-388 (8P3s)
RECORDED 04/12/2018 12:47:17
HARVEY RUVIN, CLERK OF COURT
I`iIAIiI-DADE COUNTY? FLORIDA
�'+,. �..�.t..t ��_� <-rs�}�* "'a'4" .ha- .w..o.Te =-fin^. tee...--ii i+--r+c....r 1 - ^-yr..t_3_�'�,. 7•.+i -vi �:,_c.� .�,s,: > +.+L+..k�"�--
SOUTH,FLORIDA WATER MANAGEMENT DISTRICT
..' .�3 '. _ 'S`' .. "'= xsw _:, a .,...' ." '4•, ",wig''? '=—mss -�.5 'F:.,�•„�,y>'`'--''.SY,..• .. ._i
DEED OF CONSERVATION EASEMENT
Return recorded document to:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Environmental Resource Compliance
3301 Gun Club Road
West Palm Beach, FL 33406
I- ci s
THIS DEED OF CONSERVATION EASEMENT is given this (1 day of
k -tick , 20 ( co , by the City of Sunny Isles Beach, Florida, a municipal corporation
organized under the laws of the State of Florida
("Grantor") whose mailing
address is 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160
•
to the South Florida Water Management District ("Grantee"). As used herein, the term "Grantor" shall include any and all
heirs, successors or assigns of the Grantor, and all subsequent owners of the"Property"(as hereinafter defined)and the term
"Grantee"shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Miami-Dade
County, Florida, and more specifically described in Exhibit"A"attached hereto and incorporated herein("Property"); and
WHEREAS, the Grantor desires to construct an emergency pedestrian bridge
("Project") at a site in Miami-Dade County, which is subject to the regulatory
jurisdiction of South Florida Water Management District("District"); and
WHEREAS, District Permit No. 090408-3 ("Permit") authorizes certain
activities which affect waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate wetlands and/or uplands
under the District's jurisdiction; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit,-is agreeable to granting and
securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the area
described on Exhibit"B"("Conservation Easement"). _ -
•
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
4.WBnda Q`
Form 1190(12/2011) Page 1 of 9
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted
activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the
adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the property described on Exhibit"B"which shall run with the
land and be binding upon the Grantor, and shall remain in full force and effect forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made
a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural,
vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish,
plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement which are to be enhanced or
created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce
the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by
Grantor at the time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation
Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged
by any inconsistent activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or
surface water management improvements, or other activities described herein that are permitted or required by the
Permit, the following activities are prohibited in or on the Conservation Easement:
a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other
structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash,
waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or
nuisance vegetation in accordance with a District approved maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such
manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to remain in its natural or
enhanced condition;
f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil
conservation,or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or water areas;
h. Acts or uses which are detrimental to the preservation of the structural integrity or physical
appearance of sites or properties having historical, archaeological, or cultural significance.
4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to
engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria,
permit and the intent and purposes of this Conservation Easement.
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
Form 1190(12/2011) Page 2 of 9
5. No Dedication. No right of access by the general public to any portion of the Property is conveyed by this
Conservation Easement.
6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation,
upkeep or maintenance of the Property.
7. Property Taxes. Grantor shall keep the payment of taxes and assessments on the Easement Parcel
current and shall not allow any lien on the Easement Parcel superior to this Easement. In the event Grantor fails to
extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be
obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the
Grantee, together with Grantee's reasonable attorneys fees and costs, with interest at the maximum rate allowed by law,
no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed
to Grantee shall constitute a lien against the Easement Parcel which shall automatically relate back to the recording date
of this Easement. Grantee may foreclose this lien on the Easement Parcel in the manner provided for mortgages on real
property.
8. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall
be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in
the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights
hereunder.
9. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes.
Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or
entity qualified to hold such interests under the applicable state laws.
10. Severability. If any provision of this Conservation Easement or the application thereof to any person or
circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected
thereby, as long as the purpose of the Conservation Easement is preserved.
11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in
any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation
Easement.
12. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing
and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the
appropriate party or successor-in-interest.
13. Modifications. This Conservation Easement may be amended, altered, released or revoked only by
written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the
public records in Miami-Dade County.
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
Form 1190(12/2011) Page 3 of 9
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes
imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in
perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the
Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation
Easement; and all mortgages and liens on the Conservation Easement area, if any, have been subordinated to this
Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement; and that
it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all
persons whomsoever.
IN NTNESS WHE OF,
�Dt Scl�to l✓L
(Grantor)has hereunto set its authorized hand this colt day of I.t- , 20 (.
C 11SU � s 161- 1
a Florida� Oforpdration
By:
(Signature)
Name: G CO(24, 4. Seg-ow
(Print)
Title: Mplog-
Signed, sea and deliveredii5 our presence as witnesses:
By: 1kk.9_- By:
(Signature) Signature)
Name: 2.-iA5.►-tEO,Y `n.e s Name: (ll ikjei 464 'W(2.._
(Print) (Print)
•
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
sfwm _ ov
Form 1190(12/2011) Page 4 of 9
STATE OF FLORIDA
((�� ) ss:
COUNTY OF hIIAVt1•'D#Y ,
On this CP day ofkfe.,(1, , 20 I.(1( before me,
/�Eo42
the undersigned notary public, personally appeared � Lct 4- . SG-I<ol.l. , the person
who subscribed to the foregoing instrument, as the M1Oa- (title), of
A-E CI-r1 O F S J n11 J t S L-ES A Ck- (corporation), a Florida corporation, and
acknowledged that he/she executed the same on behalf of said corporation(( nd the he/she was duly authorized to do so.
He/She is personally known to me or has produced a Nk (state) driver's
license as identification.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
a a a as V
NOTARY PUBLIC 'STATE OF ORID• .LUZ REV
/p� ?:°;—•• ; Notary Public-.State of flo=•• a` Commission#FF 201113
I
1i (Signature) %,„„. 4d4s.Myaromm.txpires Mar.10.2019ta �
' '''''t•�`' Bonded thrNational Notary'Assn.
Name: kAZ - _ <<- - -- - 4
(Print)
cy+.
My Commission Expires: 3 —I'0
Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
Form 1190(12/2011) Page 5 of 9
{
LEGAL DESCRIPTION
DEDICATION OF CONSERVATION EASEMENT
CITY OF SUNNY ISLES BEACH,MIAMI-DADE COUNTY, FLORIDA
A portion of the East 400 feet of the North 100 feet of Lot 2, TATUMS SUBDIVISION, lying
West of the Westerly Right-of-Way line of State Road A-1A, according to the plat thereof, as
recorded in Plat Book 10, Page 64 of the Public Records of Miami-Dade County, Florida and
being more particularly described as follows:
BEGIN at the Southeast corner of the 100 foot wide Conservation Easement as recorded in
Official Records Book 19377, Page 1775 of the Public Records of Miami-Dade County, Florida,
said point being on the at the North line of Lot 29, SOUTH SHORE ESTATES, according to the
plat thereof as recorded in Plat Book 52, Page 69 of the Public Records of Miami-Dade County,
Florida;
THENCE North 02°32'18" East on the East line of said Conservation Easement, said line also
being the Westerly line of said East 400 of the North 100 feet of Lot 2, TATUMS
SUBDIVISION, a distance of 100.49 feet to the intersection with the North line of said Lot 2;
THENCE North 86°54'08" East on said North line of Lot 2, a distance of 67.49 feet;
THENCE South 02°32'18" West, a distance of 100.49 feet to the intersection with the South line
of said Lot 2 and the said North line of Lot 29, SOUTH SHORE ESTATES;
THENCE South 86°54'08" West along the said South line of the North 100 feet of Lot 2 and the
said North line of Lot 29, a distance of 67.49 feet to the POINT OF BEGINNING
Said lands lying and being in the City of Sunny Isles Beach, Miami-Dade County, Florida, and
containing 6,749 square feet( 0.1549 acres), more or less.
SURVEYOR'S NOTES:
1. Not valid without the signature and original raised seal of a Florida Licensed Surveyor
and Mapper.
2. Lands shown hereon were not abstracted by the Surveyor, for Rights-of-Way, Easements,
Ownership, or other instruments of record.
3. The information shown hereon does not represent a Boundary Survey.
Prepared by:
CALVIN,GIORDANO&ASSOCIATES,INC.
1800 Eller Drive,Suite 600
Fort Lauderdale,Florida
lune 26,2012
p:\projects\201 \II4582 sunny isles beach bridge permitting\survey\legal descriptions\l I-4582-v-sd-dedication cons_esmt-smw.docx
SHEET 1 OF 3
4. Bearings hereon are referenced to the North line of Lot 29, SOUTH SHORE ESTATES
as recorded in Plat Book 52, Page 69 of the Public Records of Miami-Dade County,
Florida, having a bearing of South 86°54'08" West.
CALVIN, GIORDANO & ASSOCIATES, INC.
Steven M. Watts
Professional Surveyor and Mapper
Florida Registration Number 4588
Prepared by:
CALVIN,GIORDANO 8 ASSOCIATES,INC.
1800 Eller Drive,Suite 600
Fort Lauderdale,Florida
June 26,2012
p:\projects\2011\114582 sunny isles beach bridge permitting\survey\legal descriptions\11-4582-v-sd-dedication cons_esmt-smw.docx
SHEET 2 OF 3
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