HomeMy WebLinkAboutReso 2000-285
RESOLUTION NO. 2000 ';''2 ~5
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AND ACCEPTING THE SECOND
AMENDMENT TO THE BEACH ACCESS EASEMENT
AGREEMENT FROM OCEAN TWO LIMITED
PARTNERSHIP ATTACHED HERETO AS EXHIBIT "A";
PROVIDING FOR THE MAYOR TO EXECUTE THE
EASEMENT AGREEMENT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Ocean Two Limited Partnership executed and delivered a beach access
easement in connection with their original zoning approval to the City of Sunny Isles Beach; and
WHEREAS, at the request of the City of Sunny Isles Beach, Ocean Two Limited
Partnership has amended the beach access agreement to include, among other things, access
over, across, under and through the easement; and
WHEREAS, Ocean Two determined there was an error in the legal description and
therefore has requested a release of the original easement parcel and an encumbrance of the
corrected easement parcel through this amendment;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of Sunny Isles Beach hereby approves and
accepts the Second Amendment To The Beach Access Easement Agreement, from Ocean Two
Limited Partnership, attached hereto as Exhibit "A".
Section 2. The Mayor is authorized to execute the second amended easement agreement on
behalf of the City and Ocean Two Limited Partnership is authorized and instructed to record the
executed Second Amendment to the Beach Access Agreement in the Public Records of Miami-
Dade County, Florida, provided Ocean Two Limited Partnership grants the City an easement
approximately six (6) to ten (10) feet in width along Collins Avenue for the purpose of
improving the City's streetscape, within its sole discretion.
Section 3. Any Resolution and all sections and parts of sections in conflict herewith be and
the same are hereby repealed.
Section 4.
This Resolution shall become effective immediate upon adoption.
PASSED AND ADOPTED this 19th day of October,
Ocean Two Easement Second Amendment Res.
1
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ATTEST:
./
~~~l1",
Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Vote: 5-0
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
Ocean Two Easement Second Amendment Res.
~~~~~~%~y: ~\~';f{t~~~~~=M
v (Yes)
~(Yes)
v(Yes)
~(Yes)
~(Yes)
_(No)
_(NO)
_(NO)
_(NO)
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This instrument prepared by, or under the supervision of (and
after recording, return to):
Gary A. Saul, Esq.
Greenberg Traurig, P.A.
1221 Brickell Avenue
Miami, FL 33131
(Reserved for Clerk of Court)
SECOND AMENDMENT TO BEACH ACCESS EASEMENT AGREEMENT
THIS SECOND AMENDMENT is made as of the1!1 day of -.1J~ ,2000 by and
between OCEAN TWO LIMITED PARTNERSHIP, a Florida limited partnership ("Ocean Two"), and
THE CITY OF SUNNY ISLES BEACH, a municipal corporation existing under the law of the State of
Florida ("Grantee"), to that certain Beach Access Easement Agreement dated December 17, 1998,
recorded June 14,1999 in Official Records 18650, Page 1858 of the Public Records of Miami-Dade
County, Florida, as amended by that certain Amendment to Beach Access Easement Agreement
dated April 27, 2000, recorded May 3. 2000 in Official Records 19094, Page 4971 of the Public
Records of Miami-Dade County, Florida (as amended, the "Easement Agreement"). Unless the
context otherwise requires. any capitalized term not defined but used herein shall have the meaning
given to it in the Easement Agreement.
R E C I TAL S:
A. Grantee entered into the Easement Agreement with Castel ita Investment Corp., a
Delaware corporation, M & N Properties, L.L.C., a Florida limited liability company, Dezer Properties
291 L.L.C., a New York limited liability company, Michael Dezertzov and Neomi Dezertov
(collectively, "Grantor").
.
B. Subsequent to the execution and delivery of the original Easement Agreement (and
prior to its amendment), Grantor conveyed the Project to Ocean Two.
C. Ocean Two and Grantee now desire to amend the Easement Agreement in the
manner hereinafter set forth.
NOW, THEREFORE, in consideration of Ten and No/100 Dollars and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do
hereby agree to the following:
1. The legal description of the Easement Parcels (as defined in the Easement
Agreement) is hereby substituted and replaced in its entirety by that which is attached to and made a
part of this Amendment as Revised Exhibit "B" (the "Corrected Easement Parcels"), to correctly note
EXHIBIT A
the property encumbered by the Easement and the Easement Agreement. From and after the date
of this Amendment, only the Corrected Easement Parcels shall be subject to, and burdened and
encumbered by, the terms and provisions of the Easement and/or Easement Agreement, and any
portion of the Project which is not included within the Corrected Easement Parcels (the "Released
Property") shall be deemed released from, and no longer burdened or encumbered by, the terms
and provisions of the Easement and Easement Agreement. Any and all references herein or in the
Easement Agreement shall be deemed references to the Corrected Easement Parcels.
2. Grantee, for itself and its successors and assigns, does hereby remise, release and
quit-claim unto Ocean Two (and Ocean Two's successors and assigns), forever, any and all of
Ocean Two's rights, title and interest in and to the Released Property and Grantee confirms and
agrees that the Released Property shall not be burdened or encumbered by the Easement and/or
Easement Agreement and that Grantee shall have no rights in or to the Released Property under the
Easement and/or Easement Agreement.
3. Except as specifically amended hereby, the Easement shall remain in full force and
effect ab initio.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Amendment as of the
day and year first above written.
Witnessed by:
OCEAN TWO LIMITED PARTNERSHIP,
a Florida limited partnership
~~~~, ~~~
By: TRG Beach Two, Inc., a Florida
corporation, general partner
By:aL~'L
Andrew Chesnlck,
Vice President
Address:
(Corporate Seal)
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THE CITY OF SUNNY ISLES BEACH, a
municipal corporation
By:
Name:
Title:
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Address:
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STATE OF FLORIDA
OFFICW: orARYSEAL
IDYLMA PEREZ
NO'l'ARYPUBLICSTATEOJ; :-~('~IDA
COMMISSION NO. 0 II;..?
MY COMMISSION EXP. t..A '. lV--
My Commission xplres:
)
) SS:
COUNTY OF MIAMI-DADE )
The fore..going Declaration was acknowledged before me, this 9-- day of
lJO\\'0V'" be{ ,2000, by Andrew Chesnick, as Vice President of TRG Beach Two, Inc., a
Florida corporation, general partner of OCEAN TWO LIMITE~YARTNERSHIP, a Florida limited
partnership, on behalf of said corporation and partnership. 'l1e is personally known to me or
presented as identification.
Name: ~~ ~ .
Notary. P~blic, State .Qf fl~<;tq I ' I '3 "\
Commission No. C.C-:.1 '1 '1 0-
S - IO-;2Z>9;;t
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
tJ The foregoing Declaration was acknowledged before me, this ;). ~ day of
oJ. , 2000, by~ ~". as C\ ~ ~"\~"i"'N of THE ~_ OF
SUNNY ISLES BEACH, a municipal corporation, 'on behalf of said corporation. ~s
personally known to me er presoRted as identificatioFh-
'\GtLJ ~.~
Name:
Notary Public, State of Florida
Commission No. CL ':\:.c;\ ~~~
My Commission Expires:
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OFFICiAL NorARY SEAL
RIOfARD E BROWN
NOTAlYPUBUCSTATi 01' FLORIDA
COMMISSION NO. CC7S1'OO
MY COMMISSION EXP. NE IS
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OCEAN TWO CONDOMINIUM
LEGAL DESCRIPTION OF PROPERTY:
A parcel of land lying in Section 2, Township 52. RANGE 42 East, Miami Dade
County F'lorido, being more particularly described os follows:
Commence at the Southwest corner of Troct "0" Amended Plot of North 8iscoyne
Beach, re'orded in Plot Book 44. Page 42 of the public records of Miami-Dade
County, Florida; thence N03'04':26"E far 520.24 feet; thence N88'OJ'56"E along
the northerly line of Tract "0" for 433.33 feet; to the intersection of the Erosion
Control Line os recorded in Plat Book 134, at page 47 of the Public Records of
Miami-Dade County; thence 50.3'01'22'W for 511,8.3 feet along said Erosion
Control Une to the intersection of the Southerly line of Tract 0; thence
S66'S6'OS"W far 434.43 feet along Southerly line of Tract 0 to the POINT OF
COMMENCEMENT.
Containing 222,849 square feet (5.11 acres) mare or less.
LEGAL DESCRIPTION OF NORTH EASEMENT:
A parcel of land lying in Section 2, Township 52, RANGE 42 East. Miomi Dade
County Florida, being more particularly described as follows:
Commence at the Southwest carner of Tract "0" Amended Plot of North Biscoyne
Beach, recorded in Plat Book 44, Page 42 of the public records of Miami-Dade
County, Florida; thence NOS04'ZS"E for 520.24 teet to a POINT OF BEGINNING;
thence N88'03'S6"E along the northerly line of Tract "0" for 4.33.3.3 feet; to the
intersection of the Erosion Control Line as recorded in Plot Book 134, at page
47 of the Public Records of Miami-Dade County: thence S03'0"22"W for 82.31
feet along said Erosion Control Line; thence 588'03'5S"W for 271.47 feet; thence
N01'S6'OS"W for 33.04 feet; thence S88'03'SS''W for 159.19 feet; thence
NO.3"04'26"E for 49..07 feet to the POINT OF BEGINNING.
Containing .31.726 square feet (0.72 acres) more or less,
LEGAL DESCRIPTION OF SOUTH EASEMENT:
A parcel of land lying in SecHon 2. Township 52. RANGE 42 East, Miami Dade
County Florida, being more particularly described os follows:
Commence at the Southwest carner of Tract nO" Amended Plot of North Biscoyne
Beach, ret;orded in Plot Book 44, Page 42 of the public records of Miomi-Dode
County, Flarido; thence N0.3'04'ZS"E for 25.13 feet; thence N86'S8'OS"E tor
4.34.57 feet to the intersection of the Erosion Control Line as recorded in Plot
Book 134, at page 47 of the Public Records of Miami-Dade County; thence
50.3'01 'ZZ''W for 25.14 feet along said Erosion Control Une to th=: intersection of
the Southerly Ifne of Trod 0; th=:nc:e S8S'58'OS"W for 4.34.43 teet clang Southerly
line of Tract D to the POINT OF COMMENCEMENT.
Containing 191,128 square fe=:! (4..39 acres) more or less.
EXHIBIT 2-1
Legal Description
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This instrument prepared by, or undef" the superviscn of (and
alter re::adng. return to):
OOR2 i21.86 2000 MAY 03
Gary A. Saul, Esq.
Greenberg Traurig. P.A.
1221 Brickell Avenue
Miami, FL 33131
DOCSTPDEE
HARVEY RUVIN,
0.60 SURTX
CLERK DADE COUWi
(Reserved for Clerk or Caul)
AMENDMENT TO BEACH ACCESS EASEMENT AGREEMENT
THIS AMENDMENT Is made as of the ~ay of ~ t , 2000 by and between
OCEAN TWO LIMITED PARTNERSHIP, a Florida limited partnership ("Ocean TIM)"), and THE CITY
OF SUNNY ISLES BEACH, a municipal corporation existing under the law of the State of Florida
("Grantee"), to that certain Beach Access Easement Agreement dated December 17, 1998, recorded
June 14, 1999 In Official Records 18650, Page 1858 of the Public Records of Miami-Dade
County, Florida (as amended from time to time, the "Easement Agreement"). Unless the context
otherwise requires, any capitalized term not defined but used herein shall have the meaning given to It
In the Easement.
R E C I TAL S:
A. Grantee entered Into the Easement Agreement with Castelita Investment Corp., a
Delaware corporation, M & N Properties, L.L.C., a Florida limited liability company, Dezer Properties
291 L.L.C., a New York. limited liability company, Michael Dezertzov and Neoml Dezertov
(colJecUvely, "Grantor").
B. Subsequent to the execuUon and delivery of the Easement Agreement, Grantor
conveyed the Project to Ocean Two.
C. Ocean TIM) and Grantee now desire to amend the Easement Agreement In the
manner hereinafter set forth.
NOW, THEREFORE, In consideration of Ten and No/100 Dollars and for other good and
valuable consideratIon, the receipt and sufficiency of which are hereby acknowledged, the parties do
hereby agree to the following:
1. The legal descriptlon of the Easement Parcels (as defined in the Easement
Agreement) Is hereby substituted and replaced In lis entirety by that which is attached to and made a
part of this Amendment as Revised Exhibit as- (the "Corrected Easement Parcels"), to correctly note
the property encumbered by the Easement and the Easement Agreement. From 8nd after the date of
this Amendment, only the Corrected Easement Parcels shall be subject to, and burdened arid
encumbered by, the terms and provlslons of the Easement !~~ment Agreement, and any
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, portion of the Project which is not included \'within the Corrected Easement Parcels ~he "Released
Property") shall be deemed released from, and no longer burdened or encumbered by, the terms and
provislons of the Easement and Easement Agreement. Any and all references herein or in the
Easement Agreement shall be deemed references to the Corrected Easement Parcels.
2. Grantee, for Itself and Its successors and assigns, does hereby remise, release and
quit-claim unto Ocean Two (and Ocean T'M)'s successors and assigns), forever, any and all of Ocean
T'M)'S rights, title and interest in and to the Released Property and Grantee confirms and agrees that
the Released Property shall not be burdened or encumbered by the Easement and/or Easement
Agreement and that Grantee shall have no rights In or to the Released Property under the Easement
andlor Easement Agreement.
3. In addition to the purposes set forth In Section 2 of the Easement Agreement, wllh
respect to that portion of the Easement Parcels described as the "North Easement" on Revtsed Exhibit
"B" attached hereto, Grantor hereby grants to Grantee a non-excluslve easement in favor of Grantee
over. under and through the Easement Parcels such that it may be used by Grantee for the
installation, maintenance, repair and replacement of underground cables, \'wires. and pipes, used or
useful for public utilities or the provision of cable or other telecommunications purposes (the "Cable
Activities").
4. Notwithstanding anything to the contrary in the Easement Agreement, the southern
ten feet (10) of that portion of the Easement Parcels described as the "South Easement: on Revised
Exhibit "B" attached hereto may not be used for pedestrian ingress and egress, but rather may only be
used by the City for the personnel of its police and tire departments and other governmental
authorities having jurisdiction over the Easement Parcels while engaged in the performance of their
official duties.
5. Pursuant to Section 3 of the Easement Agreement, the City hereby approves
construction upon the Easement Parcel substantially in accordance with the plan attached hereto as
Exhibit "C. hereof.
6. Notwithstanding anything to the contrary In the Easement Agreement, inasmuch as
the Project is presently under construction, the City agrees that, except only for the Cable Activities, no
use shall be made of the Easement Parcels pursuant to the Easement Agreement until such time as
the residential building contemplated to be constructed within the Project, as des:ribed in the
Easement Agreement, has been substantially completed and a certificate of occupancy Issued
therefor. Grantee further agrees that in connection with any pennitted use of the Easement Parcel
prior to the substantial completion of the Project, Grantee shall coordInate any such use with Grantor's
construction schedule. and Grantee shall, in making such use, endeavor to minimize Interference with
Grantor's use, occupancy and enpyment of the Easement Parcel.
7. Except as specIfically amended hereby, the Easement shall remain In full force and
effect ab Initio.
2
IN WITNESS WHEREOF, Grantor and Grantee have executed this Amendment as of the
'day and year fir.t above v.nitten.
Witnessed by:
OCEAN TWO LIMITED PARTNERSHIP,
a Florida limited partnership
By: TRG Beach Two, Inc., a Florida
corpo tJ . general partner
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(2~/,' i}
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Name: ..::i IY'/l.t'1H ?'C.I( tel..
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Name: II..\' \('\":'1
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Address:
(Corporate Seal)
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Address:
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STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
C
:1 Ttje foregoing Declaration was acknowledged before me. this -.i.l day of
1) .( ,2000, by Andrew Chesnick, as Vice President of TRG Beach Two, Inc.,
a rida corporation, general partner of OCEAN TWO LIMITED PARTNERSHIP. a Florida
limited partnership, on behalf of said corporation and partnership. He Is personally known to me
or presented -- as Identification. C~ ..
,/
Name:
('/ t'C ( ,"
....,
Notary Public, State of Florida
Commission No. C' C'll 'I)u ( .
My CDmmi~lon Expires:
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STATE OF FLORIDA . )
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COUNIY OF MIAMI-DADE )
The foregoing Declaration was acknowledged J\efore me, this Z ~ day of
~\ ,2000. by ~'i.d. S~ ,as ~tlV' Of~H CITY
l>FY" SUNNY ISLES BEACH, a municipal corporation, on behalf of said corporation. he Is
personally known to meGF-pIc!l;;)C;lll~d - as Identlncatl .
Name~~ E~1:C
Nota ry Public, State of Florlc;ijl _ . .
Commission No. :J-. .tC; \ bO 1
My Commission expires:
-:\\,~. \S' ,LOOv
. Om NOTARY SEAL
RICHARD E BROWN
NorAn PUBUCSTATE OF FlORIDA
COMMISSION NO. CC7516a3
COMMlSSrON EXP. UNE 15.2002
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OCEAN TWO CONDOMINIUM
LEGAL DESCRIPTION OF PROPERTY:
A pan:el of land lying in Section 2. Township 52. RANCE 42 East, Miami Dode
County Florida, being more particularly described 05 follows:
,.
Commence at the Southwest corner of Troct NOh Amended Plot of North Biscoyne
Beach. recorded in Plct Book 44, Page 42 of Ihe public records of Miami-Dade
County. Florida; thence NOJ"04'2S"E for 520.24 feel; Ihence N88'OJ'S6"E along
the northerly Hne of Trod "0" for 43.3.3.3 feet; to the inlersection of the Erosion
Control Line os recorded in Plot Book 134. at page 47 of the Public Rccords of
Miami-Dade County; thence SOSOl'22"w for 5 t 1.83 feet along said Erosion
Control Line to the intersection of the Southerly line of Tract D; lhence
S86'5B'06'"W for 434.43 foet along Southerly line of Tract 0 to the POINT OF'
COMMENCEMENT.
Containing 222,849 square feet (5.1 t acres) more or les,.
LEGAL DESCRIPTION OF NORTH EASEMENT:
A parcel of land lying In Section 2, Township 52. RANGE 42 East, Miami Dade
County Florida, being more particularly described os Collows:
Commence ot the Southwest corner of Trod "0" Amended Plot of North Biscayne
Beach, recorded in Plot Book 44. Page 42 of the public records oC Miami-Dade
County, rlorldo: thence NOS04'2S"E for S20.24 Ceet to 0 POINT OF BEGINNING:
thence N88'03'SS"E along the northerly line oC Tract "0" for 433..33 feet: 10 the
intersection of the Erosion Control LIne os recorded in Plot Book 134, at page
47 01 the Public Rtlcords of Miami-Dade Counly: Ihence SOSOl'22"W Cor 82.31
fcel 010n9 said ErosiQn Control line: thence S88'03'SS"W Cor 271.47 feet; thence \
NO I'S6'OS"W for 31.89 feet; lhence S88'03'S6"W for 85.53 feet; thence
S6S02'SS"W for 75.41 feet; thence S8S'03'SS"W for 8.07 feel; thence
N03'04'26"e: for 82.34 feel to the POINT OF BECINNINC.
Conlaining .31,726 square feel (0.72 acres) ~ore or less.
LEGAL DESCRIPTION OF SOUTH EASEMENT:
A parcel of land lying In Seclion 2, Township 52, RANGE 42 East. Miami Dode
County norido. being more particularly described os Collows:
Commence at the Southwnt corner or Tract .0" Amended Plot of North 81seoyne
Beach. recorded in Plol Book 44. Page 42 oC the public records at Miami-Dodl!
County, Florida; thence N03'04'26"E for 25.13 feet; thence N86'SB'OS"e: for
434.57 feet to the inlerseclion of the Erosion Control Line os recorded In Plol.
Book 134. ot poge 47 oC the Public Records of Miomi-Dode Counly: thence
S03'O t '22'"W for 25.14 feet olong !laid Erosion Control Line to the Interseclion of
the Southerly line of Tract 0: thence S8S'58'oe.W for 4,34.4,3 feet oloog Southerly
line of Troct 0 to the POINT OF COMMENCEMENT.
Containi"'9 1 91,'26 5quore Ceet (4..39 ocres) more or less.
EXHIBIT 2-1
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