HomeMy WebLinkAboutReso 2014-2256 RESOLUTION NO. 2014-2 2S
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING TEMPORARY
AND PERMANENT EASEMENT AGREEMENTS BETWEEN
SALEM HOUSE CONDOMINIUM ASSOCIATION, INC. AND
THE CITY OF SUNNY ISLES BEACH REGARDING THE
CONSTRUCTION OF THE EMERGENCY PEDESTRIAN
BRIDGE CONNECTING NORTH BAY ROAD BETWEEN 172ND
AND 174TH STREETS, ATTACHED HERETO AS EXHIBIT "A";
PROVIDING THE CITY MANAGER AND CITY ATTORNEY
WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City is in the process of constructing an emergency pedestrian bridge
connecting North Bay Road between 172nd and 174th Streets, to be used for pedestrian and
emergency vehicles only (the "Emergency Bridge Project"); and
WHEREAS, the City requires both a permanent and temporary easement to allow
contractors to construct and maintain the Emergency Bridge Project by utilizing a portion of the
property owned by Salem House Condominium Association, Inc. ("Salem House"); and
WHEREAS, Salem House has agreed to grant the temporary and permanent easements to
the City in order to accomplish this objective; and
WHEREAS, the City Commission wishes to approve the Temporary and Permanent
Easement Agreements between Salem House and the City regarding the construction of the
Emergency Bridge Project, attached hereto as Exhibit"A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approving the Easement Agreements. The Temporary and Permanent Easement
Agreements regarding the construction of the Emergency Bridge Project between Salem House
and the City of Sunny Isles Beach, attached hereto as Exhibit"A", are hereby approved.
Section 2. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate the terms of this
Resolution.
Approving Easement Agmts-Salem House I of 2
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this ICI4k day of J Lyle__ 2014.
1/
// ■ /
•rman S. Edelcup, Mayor
ATTEST:
(-Sam As, 44.....10....)
Jane A. Hines, City Clerk, MMC
APPROVED AS TO FORM
AND LEG 4 FICIENCY:
//
=ss t1 mot, City Attorney
Moved by: ( r.m...a5\0u 1401-1._
Seconded by: � r-r CC►0N G'ATTD
Vote: 5-'d
Mayor Edelcup 1/(Yes) (No)
Vice Mayor Aelion ✓/Yes) (No)
Commissioner Gatto ✓ Yes) (No)
Commissioner Levin Yes) (No)
Commissioner Scholl V (Yes) (No)
Approving Easement Agmts-Salem House 2 of 2
This instrument prepared by,
And after recording should be returned to:
Hans Ottinot, City Attorney
City of Sunny Isles Beach
18070 Collins Ave
Sunny Isles Beach, FL 33160 (Space Reserved for Clerk of Court)
TEMPORARY EASEMENT AGREEMENT
THIS TEMPORAY EASEMENT AGREEMENT ("The Agreement") is made and
entered into as of 31 day of J u v_Q_ , 2014, by and between Salem House
Condominium Association, Inc. ("Grantor"), having an address of 251-31 172"d Street, Sunny
Isles Beach, Florida, 33160, and The City of Sunny Isles Beach, a Municipal corporation
existing under the laws of the State of Florida ("Grantee"), having an address of c/o City
Manager, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
RECITALS:
WHEREAS, Grantor is the owner of a certain property situated in Sunny Isles Beach,
Miami-Dade County, Florida, and more particularly described in Exhibit "A" (the "Property"),
attached hereto;
WHEREAS, the Grantee is in the process of constructing an emergency pedestrian
bridge connecting North Bay Road between 172" and 174th Streets, to be used for pedestrian and
emergency vehicles only (the "Emergency Bridge Project"); and
WHEREAS, in order to accomplish this objective, the Grantee requires a temporary
easement to allow grantee's contractor to construct the Emergency Bridge by utilizing a portion
of the property described in Exhibit "A";
WHEREAS, Grantor has agreed to grant and create, and Grantee, desires to obtain, on
the terms and condition hereinafter set forth in the Easement Parcel described herein.
NOW THEREFORE, Grantor, in consideration of ten ($10.00) Dollars and for other
good and valuable consideration, the receipt and sufficiency of which are herby acknowledged,
Grantor and Grantee hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein as
if repeated at length.
2. Easement Parcel. The legal description of the Easement Parcel is attached to and
made apart of this Temporary Easement ("Agreement") as Exhibit "A", to correctly note the
Page 1 of 6
section of Grantor's property that is encumbered by this Agreement. From and after the date of
this Agreement, only the Easement Parcel shall be subject to, and burdened and encumbered by,
the terms and provisions of this Agreement.
3. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive temporary
easement ("Easement") in favor of the Grantee over, across, under and through the Easement
Parcel, as more thoroughly described in Exhibit "A", solely for the construction of the
Emergency Bridge.
4. Improvements. Grantee agrees to construct the following improvements on the
Easement Parcel after the construction of the Emergency Bridge: a) the sidewalk/curb and gutter
and associated turf area along the north side of l72nd Street in front of the Property from the
western property line east 75' (seventy five) feet, or whatever is damaged during construction of
the Emergency Bridge Project.
5. Restoration of Property. Grantee and its agents shall be responsible for restoring
the Easement Parcel in the same condition that it was before the activities described in Section 4
above have been complete.
6. Maintenance of Easement Parcels. Grantor shall be responsible for maintaining
the Easement Parcel (including any and all improvements which may be constructed thereon
from time to time) after the Project is complete.
a. Grantee shall use its best effort to minimize any excessive noise or dust that is
generated from construction activities performed on the Easement Parcel. To
the extent possible, the Grantee shall remedy any noise or dust complaints
filed by the Grantor.
b. Grantee shall take all necessary measures to prevent rodent and vermin
infestation during the construction activities. To the extent possible, the
Grantee shall remedy any complaints filed by the Grantor regarding rodent
and vermin infestation.
7. Compliance with Laws. The beneficiaries of the Easement shall at all times
observe in the use of the Easement Parcel all applicable municipal, county, state and federal
laws, ordinances, codes, statutes, rules and regulations.
8. Reservation. Grantor hereby reserves all rights of ownership in and to the
Easement Parcel which are not inconsistent with the Easement, including limitation: (a) the right
to grant further non-exclusive easements on, over/or across the Easement Parcel, (i.e. utility
easement), (b) the right to use the Easement Parcel for all uses not interfering or inconsistent
with the uses permitted herein.
9. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes,
Grantee hereby agrees, and all parties by virtue of their use of the Easement shall be deemed to
have agreed, to jointly and severally indemnify, defend and hold harmless the Grantor (and all of
Page 2 of 6
its members, officers, directors, employees, successors and assigns) from and against any and all
damages, claims, costs or expensed whatsoever (including all reasonable attorneys' fees and
costs whether suit be brought or any appeals be taken there from) arising from, growing out of or
connecting in any way with any improper use of the Easement. The Grantor hereby agrees, and
all parties by virtue of their of use of the Easement shall be deemed to have agreed, to jointly and
severally indemnify, defend and hold harmless the Grantee (and all of its members, officers,
directors, employee, successors and assigns) from and against any and all liabilities, damages,
claims, costs or expensed whatsoever (including all reasonable attorneys' fees and costs whether
suit be brought or any appeals be taken there from) arising from, growing out of or connecting in
any way with failure of the Grantor to maintain the Easement Parcel.
10. Enforcement. The provisions of this Agreement may be enforced by all
appropriate actions at law and in equity by the Grantor and/or the respective fee owners, with the
prevailing party in any such actions will reimbursement of reasonable attorneys' fees and costs
incurred at all appellate levels.
11. Construction. The section headings contained in this Agreement are for reference
purposed only and shall not affect the meaning or interpretation hereof All of the parties to this
Agreement shall not be more strictly construed against any one of the parties hereto. In
constructing this Agreement, the singular shall be held to include the plural, the plural shall be
held to include the singular, and reference to any particular gender shall be held to include every
other and all genders.
12. Notices. Any and all notices required or desired to be given hereunder shall be in
writing and shall be deemed to be duly given when delivered by hand or three (3) business days
after deposit in the United States Mail, by registered or certified mail, return receipt requested,
postage pre-paid, and addressed to the applicable party to the address set for such party set forth
at the top of this agreement (or to such other address as either party shall hereafter specify to the
other in writing).
13. Severability. In the event any term or provision of this Agreement is determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given
its nearest legal meaning or be construed as such authority determines, and the remainder of this
Agreement shall be construed in full force and effect.
14. Amendments. No modification or amendment shall be effective unless in writing
and recorded in the Public Records of Miami-Dade County, Florida.
15. Covenant running with the land. This Agreement shall constitute a covenant
running with the land and will be recorded in the Public Records of Miami Dade County,
Florida. This Agreement shall remain in full force and effect and be binding upon and inure to
the benefit of the parties hereto and their respective heirs, successors, and assigns. This
Agreement shall remain in full force and effect until such time as the Project is complete.
Page 3 of 6
16. Entire Agreement. This Agreement constitutes the entire agreement among the
parties with respect to the subject matter hereof and supercedes all prior agreements,
understandings and arrangements, both oral and written, between the parties with respect thereto.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Temporary
Easement Agreement as of the day and year first above written.
GRANTOR:
SALEM HOUSE,
CONDOMINIUM
ASSOCIATION, INC.
By: Ar-t-/N`F` '6 �' CA-- \. .
4,4_614.4 N1 i !rCe/err
Title:
Witness:
/' i ,l
Print Name t kik 4 f/iQ t fi '
7
( e5%t92--e.
;llri Name: '
4. A/c j G7 1 C GRANTEE:
THE CITY OF SUNNY ISLES BEACH
kI i i FLORIDA, a municipal Corporation
Jane • . ines, C Name: Christopher J. usso
Title: City Clerk Title: City Manager
APPROVED AS TO FORM AND
LEG: i ■ F�CIENCY:
••
//_I , /A
.S o'o!Cit 1 Attorney
Page 4 of 6
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
The foregoing Temporary Easement Agreement was acknowledged before me this 3r�
day of SPAR.. 2014, by CJ, eo< , as Qt a;du4.1'I pit eCX 4 of Salem
House Condominium Associati6n, Inc. a Florida not-for-profit corporation, on behalf of said
corporation. They personally appeared before me and are personally known to me.
{ NOTORIAL SEAL }
Notary#BM►wt.. 4 - gZoOA
'"° JASMINE L.BARNES Print Name: ZsiV .rAtv‘2. -- (34:“nEs
MY COMMISSION#EE25472
Notary Public, State of Florida
EXPIRES.November 18,2014 ry
��a� N
1-800-3-NOTARY NotaryDi0CountAssoc Co. My Commission Expires: novQ.0- bpn/ lza.D I�
Page 5 of 6
Exhibit"A"
LEGAL DESCRIPTION OF PROPERTY:
Page 6 of 6
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT No.3
CITY OF SUNNY ISLES BEACH,MIAMI-DADE COUNTY, FLORIDA
A portion of Lot 19, SOUTH SHORE ESTATES, according to the plat thereof as recorded in
Plat Book 52, Page 69 of the Public Records of Miami-Dade County, being more particularly
described as follows:
COMMENCING at the Northwest corner of Lot 19, 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, said point being on the South line of a Conservation Easement as recorded in
Official Records Book 19377, Page 1775, of the Public Records of Miami-Dade County, Florida;
THENCE North 86°54'08" East, along the North line of said Lot 19, SOUTH SHORE ESTATES
and South line of said Conservation Easement, a distance of 10.00 feet;
THENCE South 03°05'52" East, along the East line of a Temporary Construction Easement, a
distance of 115.00 feet to the POINT OF BEGINNING
THENCE North 86°54'08" East, a distance of 457.74 feet;
THENCE South 03°05'52" East, a distance of 10.00 feet to a point on the South line of said
SOUTH SHORE ESTATES;
THENCE South 86°54'08" West, along said South line, a distance of 457.74 feet to the
Southwest corner of said Lot 19, said point also being the Southeast corner of a Temporary
Constuction Easement;
THENCE North 03°05'52" West, along said East line of said Temporary Construction
Easement, a distance of 10.00 feet to the POINT OF BEGINNING;
Said lands lying in the City of Sunny Isles Beach,Miami-Dade County, Florida, and containing
4,577 square feet ( 0.105 acres), more or less.
Prepared by:
CALVIN,GIORDANO&ASSOCIATES,INC.
1800 Eller Drive,Suite 600
Fort Lauderdale,Florida
October 31,2013 REV 03/11/2014
p:\projects120I 11114582 sunny isles beach bridge pennittiltg\survey\legal descriptions\I 1-4582-v-sd-temporary construction csrnt 3.docc
SHEET 1 OF 4
EXHIBIT "A"
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 19, SOUTH SHORE ESTATES
as recorded in Plat Book 52, Page 69 of the Public Records of Miami-Dade County,
Florida, having a bearing of North 86°54'08" East.
CALVIN, GIORDANO& ASSOCIATES,INC.
Donald L. Cooper -
Professional Surveyor and Mapper
Florida Registration Number 6269
Prepared by
CALVIN,GIORDANO&ASSOCIATES,INC
1800 Eller Drive,Suite 600
Fort Lauderdale,Florida
Oeenbar 31,2013 REV 03/11/2014
p:\projects\2011\l 14582 sunny isles beach bridge pennitting\survey\legal descriptions\l I-4582-v-sd-temporary construction eslnt 3.docx
SHEET 2 OF 4
SKETCH OF DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT No. 3
West line of '
\ CONSERVATION EASEMENT
(O.R.B. 19377, APPROXIMATE EASTERLY I
PG. 1775, M.D.C.R) \ 1 LIMITS OF BRIDGE
North line of
ACCESS EASEMENT`
TRACT "D" (O,R.B. 23140,
R.K. MARINA APARTMENTS PG. 3002 M.D.C.R)
I
(P.B. 157, Pg. 70, M.D.C.R.) . , 1 P.O.C.
e --- r-'--A =N.W. CORNER LOT 19
"SOUTH SHORE ESTATES"
(P.B. 52, Pg. 69, M.D.C.R.) —
South line of
CONSERVATION EASEMENT cl
I N (O.R.B. 19377, PG. 1775, M.D.
w North line of Lot 19 I <
o,1-- • (P.B. 52, Pg. 69, M.D.C.R.) Q
-'6u-' N86'54 08"E I r-i-
10.00' n in ia0 a O
a)N N o CA
Is = tn a O Lot 19
-'~ (P.B. 52, Pg. 69, M.D.C.R.) I CD
to t N
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Q� O.R.B. 23140, (�
PG. 3002 ��`O�
M.D.C.R. :..:(:),!:ii vi
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1' Z U• ` LEGEND:
w
n I Q m Centerline
SCALE 20' F.0.0.T. nanido Deportment of Transpalation
L.B. Licensed Business
ce
U Q Z M.O.C.R. Miami-Dade County Records
O Cl- -° O.R.B. Official Records Book O
I �.. Q P.O.B. Point of Beginning
H (pi • P.O.C. Point of Commencement �,
Q O P.B. Plot Rook
0 Z d Q PG. Page
(.J1 R/W Right-of-Way
y —y SO. FT. Square Feet I
C Q Q ()'1 S.R. State Rood
- o r� P.O.B.
I L° a 86'54108"E 457.74'(Totol)
I S8 _ I
6'S4'08"W 457.74'(Totol)
South line RE ESTATES
Lot 19
SOUTH SHO I
\ .E 172\D STREET
/ (P.B. 52 PG. 69 D.C.R.)
SUNNYISLES BEACH SCALE PROJECT No SHEET
NORTH BAY RD 1"= 20' 13-6359
SUNNY ISLES BEACH, FLORIDA DATE CAD FILE
Certificate of Authorization 13701 03/11/2014 4
' ,
SKETCH OF DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT No. 3
LEGEND:
Centerline
F.O O.T. Florida Deportment of franspartolian
L.B. Licensed Business
Miami—Dode County Records
O.R.B. Official Records Book
P.O.B. Point of Beginning
P.O.C. Point of Commencement
P.B. Plat Book
PG. Page
n R/W Right—of—Way
SCALE 1"= 20' SO. FT. Square Feet
S.R. State Road
O
r)
+-) I SoulH SNOR6g M D R
0 I (p.8. 52' P g.
Q�
( ) I S03'05'52"E
10.00'
N86'S4'08"E ......'(Total} .-- — —�
( � �+ �� s .........
� — .....
.... . . . . . .
� �� �� ,r...� era
U) I ._.-
Q 7. 4 Toto7
South line of Lot 19
CD I SOUTH SHORE ESTATES
c (P.8. 52 PG. 69 D.C.R.) \ E 17 2 \D STREET
I
-C
US
0
• SUNNY ISLES BEACH SCALE PROJECT NO SHEET
1"= 20' 13-6359
NORTH BAY RD
SUNNY ISLES BEACH, FLORIDA oAt �At rtE
Certificate of Authorization 8791 03/11/2014 4
This instrument prepared by,
And after recording should be returned to:
Hans Ottinot, City Attorney
City of Sunny Isles Beach
18070 Collins Ave
Sunny Isles Beach, FL 33160 (Space Reserved for Clerk of Court)
PERMANENT EASEMENT AGREEMENT
THIS PERMANENT EASEMENT AGREEMENT ("The Agreement") is made and
entered into as of 3( day of 3CA v'... , 2014, by and between Salem House
Condominium Association, Inc. ("Grantor"), having an address of 251-31 172nd Street, Sunny
Isles Beach, Florida, 33160, and The City of Sunny Isles Beach, a Municipal corporation
existing under the laws of the State of Florida ("Grantee"), having an address of c/o City
Manager, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
RECITALS:
WHEREAS, Grantor is the owner of a certain property situated in Sunny Isles Beach,
Miami-Dade County, Florida, and more particularly described in Exhibit "A" (the "Property")
,attached hereto;
WHEREAS, the Grantee is in the process of constructing an emergency pedestrian
bridge connecting North Bay Road between 172nd and 174th Streets, to be used for pedestrian and
emergency vehicles only (the "Emergency Bridge Project"); and
WHEREAS, in order to accomplish this objective, the Grantee requires a permanent
easement to allow Grantee's contractor to construct and maintain the Emergency Bridge by
utilizing a portion of the property described in Exhibit"A";
WHEREAS, Grantor has agreed to grant and create, and Grantee, desires to obtain, on
the terms and condition hereinafter set forth in the Easement Parcel described herein.
NOW THEREFORE, Grantor, in consideration of ten ($10.00) Dollars and for other
good and valuable consideration, the receipt and sufficiency of which are herby acknowledged,
Grantor and Grantee hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein as
if repeated at length.
2. Easement Parcel. The legal description of the Easement Parcel is attached to and
made apart of this Permanent Easement ("Agreement") as Exhibit "A", to correctly note the
Page 1 of 6
section of Grantor's property that is encumbered by this Agreement. From and after the date of
this Agreement, only the Easement Parcel shall be subject to, and burdened and encumbered by,
the terms and provisions of this Agreement.
3. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive permanent
easement ("Easement") in favor of the Grantee over, across, under and through the Easement
Parcel, as more thoroughly described in Exhibit"A", solely for the construction and maintenance
of the Emergency Bridge Project.
4. Improvements. Grantee agrees to construct the following improvements on the
Easement Parcel and adjacent area: a) replacement of the existing fence with a 6 (six) foot
powder coated aluminum fence along the western end of the Easement Parcel; b) replacement of
landscaping along the new fence line area with the same type of plant material that the Grantee
may use for the Emergency Bridge Project ; c) replacement of the western entrance gate and
associated posts to 172nd Street, if the entrance gate is damaged during the construction of the
Emergency Bridge Project; and d) replacement of pavement on the western end of the Property
or Easement Parcel with a length of 140' x 25' (one hundred and forty feet by twenty five feet).
5. Restoration of Property. Grantee and its agents shall be responsible for restoring
the Easement Parcel in the same condition that it was before the construction of improvements
set forth in Section 4.
6. Maintenance of Easement Parcel. Grantor shall be responsible for maintaining the
Easement Parcel (including any and all improvements which may be constructed thereon from
time to time) after the conclusion of the activities described in Section 4 above have been
complete. Notwithstanding the foregoing, the Grantee shall be required to restore any property
damaged if Grantee seeks to maintain the Emergency Bridge.
a. Grantee shall use its best effort to minimize any excessive noise or dust that is
generated from construction activities performed on the Easement Parcel. To
the extent possible, the Grantee shall remedy any noise or dust complaints
filed by the Grantor.
b. Grantee shall take all necessary measures to prevent rodent and vermin
infestation during the construction activities. To the extent possible, the
Grantee shall remedy any complaints filed by the Grantor regarding rodent
and vermin infestation.
7. Compliance with Laws. The beneficiaries of the Easement shall at all times
observe in the use of the Easement Parcel all applicable municipal, county, state and federal
laws, ordinances, codes, statutes, rules and regulations.
8. Reservation. Grantor hereby reserves all rights of ownership in and to the
Easement Parcel which are not inconsistent with the Easement, including limitation: (a) the right
to grant further non-exclusive easements on, over/or across the Easement Parcel, and (b) the right
Page 2 of 6
to use the Easement Parcel for all uses not interfering or inconsistent with the uses permitted
herein.
9. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes,
Grantee hereby agrees, and all parties by virtue of their use of the Easement shall be deemed to
have agreed, to jointly and severally indemnify, defend and hold harmless the Grantor (and all of
its members, officers, directors, employees, successors and assigns) from and against any and all
damages, claims, costs or expensed whatsoever (including all reasonable attorneys' fees and
costs whether suit be brought or any appeals be taken there from) arising from, growing out of or
connecting in any way with any improper use of the Easement. The Grantor hereby agrees, and
all parties by virtue of their of use of the Easement shall be deemed to have agreed, to jointly and
severally indemnify, defend and hold harmless the Grantee (and all of its members, officers,
directors, employee, successors and assigns) from and against any and all liabilities, damages,
claims, costs or expensed whatsoever (including all reasonable attorneys' fees and costs whether
suit be brought or any appeals be taken there from) arising from, growing out of or connecting in
any way with failure of the Grantor to maintain the Easement Parcel.
10. Enforcement. The provisions of this Agreement may be enforced by all
appropriate actions at law and in equity by the Grantor and/or the respective fee owners, with the
prevailing party in any such actions will reimbursement of reasonable attorneys' fees and costs
incurred at all appellate levels.
11. Construction. The section headings contained in this Agreement are for reference
purposed only and shall not affect the meaning or interpretation hereof. All of the parties to this
Agreement shall not be more strictly construed against any one of the parties hereto. In
constructing this Agreement, the singular shall be held to include the plural, the plural shall be
held to include the singular, and reference to any particular gender shall be held to include every
other and all genders.
12. Notices. Any and all notices required or desired to be given hereunder shall be in
writing and shall be deemed to be duly given when delivered by hand or three (3) business days
after deposit in the United States Mail, by registered or certified mail, return receipt requested,
postage pre-paid, and addressed to the applicable party to the address set for such party set forth
at the top of this agreement (or to such other address as either party shall hereafter specify to the
other in writing).
13. Severability. In the event any term or provision of this Agreement is determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given
its nearest legal meaning or be construed as such authority determines, and the remainder of this
Agreement shall be construed in full force and effect.
14. Amendments. No modification or amendment shall be effective unless in writing
and recorded in the Public Records of Miami-Dade County, Florida.
15. Covenant running with the land. This Agreement shall constitute a covenant
running with the land and will be recorded in the Public Records of Miami Dade County,
Page 3 of 6
Florida. This Agreement shall remain in full force and effect and be binding upon and inure to
the benefit of the parties hereto and their respective heirs, successors, and assigns. This
Agreement shall remain in full force and effect until such time as the same is released by the City
Commission of the City of Sunny Isles Beach after a public hearing.
16. Entire Agreement. This Agreement constitutes the entire agreement among the
parties with respect to the subject matter hereof and supercedes all prior agreements,
understandings and arrangements, both oral and written, between the parties with respect thereto.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Permanent
Easement Agreement as of the day and year first above written.
GRANTOR:
SALEM HOUSE,
CONDOMINIUM
ASSOCIATION,INC.
By: N.›..N. c) -x-:. C`-.=:,
.-Pre S/de Id/ 0,Ae do/-
Title:
Witne f
�i" I,I
Print ""e , : i,r AY
/
/ 'rint Name: ,� i► ��Ii / /yl -
•IA p,Ti I II GRANTEE:
THE CITY OF SUNNY ISLES BEACH
' FLORIDA, a municipal Corporation
(/';
•
- MI - //6 "'"zc)
/�
' C.�.i 11.r�� B y•
Jane • . H es, C Name: Christopher J. Russo
Title: City Clerk Title: City Manager
APPROVED AS TO FORM AND
LEG . 1 'I! NCY:
%ll, �,///
i tti dr, c r Cr Attorney
Page 4 of 6
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
The foregoing Permanent Easement Agreement was acknowledged before me this 3'
day of.w.L.. 2014, by GJ got gv icztvo , as Qrvlttilt,uA 0;re�,4N of Salem
House Condominium Associate n, Inc. a Florida not-for-profit corporation, on behalf of said
corporation. Theypersonally appeared before me and are personally known to me.
{ NOTORIAL SEAL } DD
Notary: µ1� ZfikA ttim2
Print Nam : 1Rs 4w'— -. dl• 13 Aery 2
JASMINE L.BARNES
MY COMMISSION#EE25472 y Notar Public, State of Florida
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�.j EXPIRES:November 18,2014 My Commission Expires: (louttAA.lo.91- 1 Q 231 iF
1.800-3-NOTARY Fl Notary Discount Assoc.Co.
Page 5 of 6
Exhibit "A"
LEGAL DESCRIPTION OF PROPERTY:
Page 6 of 6
LEGAL DESCRIPTION
PERMANENT MAINTENANCE AND CONSTRUCTION EASEMENT No. 2
CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA
A portion of Lot 19, SOUTH SHORE ESTATES, according to the plat thereof as recorded in
Plat Book 52, Page 69 of the Public Records of Miami-Dade County, being more particularly
described as follows:
BEGINNING at the Northwest corner of Lot 19, 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, said point being on the South line of a Conservation Easement as recorded in Official
Records Book 19377, Page 1775, of the Public Records of Miami-Dade County, Florida;
THENCE North 86°54'08" East, along the North line of said Lot 19, SOUTH SHORE ESTATES
and South line of said Conservation Easement, a distance of 10.00 feet;
THENCE South 03°05'52" East, a distance of 125.00 feet to a point on the South line of said Lot
19, SOUTH SHORE ESTATES;
THENCE South 86°54'08" West, along said South line, a distance of 10.00 feet to the Southwest
corner of said Lot 19, SOUTH SHORE ESTATES and the Southeast corner of a 20 foot Access
Easement as recorded in Official Records Book 23140, Page 3002, of the Public Records of
Miami-Dade County, Florida;
THENCE North 03°05'52" West, along the West line of said Lot 19, SOUTH SHORE
ESTATES and the East line of said 20 foot Access easement, a distance of 125.00 feet to the
POINT OF BEGINNING;
Said lands lying in the City of Sunny Isles Beach,Miami-Dade County, Florida, and containing
1,250 square feet ( 0.028 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.
Prepared by.
CALVIN,GIORDANO&ASSOCIATES,INC
1800 Eller Drive,Suite 600
For Lauderdale,Florida
October 31,2013 REV 03/1112014
pThrojects\2011\113582 sunny isles beach bridge pennitling"surv'ey\legal descriptions,I I-'1552-o-sd-temporary construction esnu 2 riot,
SI IEET 1 OF 3
EXHIBIT "A"
3. The information shown hereon does not represent a Boundary Survey.
4. Bearings hereon are referenced to the North line of Lot 19, SOUTH SHORE ESTATES
as recorded in Plat Book 52, Page 69 of the Public Records of Miami-Dade County,
Florida, having a bearing of North 86°54'08" East.
CALVIN, GIORDANO & ASSOCIATES, INC.
r y
/ i +I
Donald L. Coo /
Professional Surveyor and Mappe
Florida Registration Number 6269
Prepared by
CALVIN.GIORDANO&ASSOCIATES,INC
1000 Eller Drive,Suite 600
Fort Lauderdale,Florida
October 11,2013 REV 03/11:2014
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SI IEET 2 OF 3
1
SKETCH OF DESCRIPTION
PERMANENT MAINTENANCE AND CONSTRUCTION EASEMENT No. 2
\. \\ West line of
\ CONSERVATION EASEMENT
\\ \(O.R.B. 19377, \ - APPROXIMATE EASTERLY
\+ \ PG. 1775, M.D.C.R) \ �;1 LIMITS OF BRIDGE
`..y North line of\ \
ACCESS EASEMENT
TRACT "D° \\ \ (O R R, \•\ (O.R.B. 23140,
R.K. MARINA APARTMENTS PG. 3002, M.D.0 )
(P.B. 157,9. 70, M.D.C.R.) P.O.B.
�-��� l N.W. CORNER LOT 19
"SOUTH SHORE ESTATES"
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\ ,I (O.R.B. 19377, PG. 1775, M.D.C.R)
\� /�II w , I //North line of Lot 19
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SUNNYISLES BEACH 1 SCALE 1 PRO_fCT rto $4EE t
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NORTH BAY RD -
DATE LAD FILE i
SUNNY ISLES BEACH, FLORIDA I ii
Certificate of A ltTor,�„ua„ 6701 ,)!//1 1 201 i 1 1,
S�N>vY ,Sj� City of Sunny Isles Beach
t -' ,c 18070 Collins Avenue
( 1Tr1.z.
Sunny Isles Beach, Florida 33160
a Ems _ t,0 T
se 9,"-• %'• ,`" (305)947-0606 City Hall
C..'' Of s,,,, ^`' (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Bill Evans, Assistant City Manager
DATE: 6/19/2014
RE: Approval of Temporary and Permanent Easement Agreement
between Salem House Condominium Association, Inc. and the City
of Sunny Isles Beach
RECOMMENDATION:
It is recommended that the City Commission approve the attached Resolution.
REASONS:
The City is in the process of constructing the emergency pedestrian bridge
connecting North Bay Road between172nd and 174th Streets, to be used for
pedestrian and emergency vehicles only ("Emergency Bridge Project"). The City
requires both a permanent and a temporary easement to allow contractors to
construct and maintain the Emergency Bridge Project by utilizing a portion of the
property owned by Salem House Condominium Association, Inc. ("Salem
House"). Salem House has agreed to grant the temporary and permanent
easements to the City in order to accomplish this objective.
Please note that the City is responsible for maintaining the easements.
ATTACHMENTS:
• Resolution
• Temporary Easement
• Permanent Easement
Agenda Item No.100
Date 6/19/2014
161