HomeMy WebLinkAboutReso 2008-1363
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RESOLUTION NO. 2008- ''3 (.3
CFN 2009R0381733
OR Bk 26879 P9S 116~ - 1165; (2P9Si
RECORDED OS/27/2009 10:01:5~
HARVEY RUVIH, CLERK OF COURT
MIAMI-DADE COUHTY, FLORIDA
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE, SECURE, AND ACCEPT AN
EASEMENT FROM OCEAN RESERVE DEVELOPMENT FOR
THE PURPOSE OF EXPANDING HERITAGE PARK, PROVIDED
SAID EASEMENT IS APPROVED AS TO FORM AND LEGAL
SUFFICIENCY BY THE CITY ATTORNEY; FURTHER
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Heritage Park is planned as a multi-use facility with parking, government
offices, and recreation at one location; and
WHEREAS, the City would like to expand the Heritage Park site, located at 19200
Collins A venue, to more adequately accommodate the proposed facilities; and
WHEREAS, the Ocean Reserve Development is contiguous to the western boundary of
Heritage Park and has agreed to dedicate approximately one (1) acre of their property to the City;
and
WHEREAS, this property dedication will provide for the expansion of Heritage Park
and an enhancement to the front of Ocean View condominiums; and
WHEREAS, this property dedication will be in the form of an easement, which will be
held in perpetuity by the City for the sum of One Dollar ($1.00); and
WHEREAS, the City is desirous of securing said easement for the purpose of expanding
Heritage Park; and
WHEREAS, as such the City Commission wishes to authorize the City Manager to
negotiate, secure, accept, and do all things necessary an easement from Ocean Reserve
Development, provided said easement is approved as to form and legal sufficiency by the City
Attorney.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Authorization of City Manager. The City Commission hereby authorizes the City
Manager to negotiate, secure, and accept an easement from Ocean Reserve Development for the
purpose of expanding Heritage Park.
Section 2. Authorization of City Manager. The City Manager is further authorized to do all
things necessary to effectuate this Resolution.
R2008-Heritage Park Expansion Easements
Page I 01'2
f
~
OR BK 26879 PG 1165
LAST PAGE
Section 3.
Effective Date. This Resolution shall become effective upon adoption.
PASSED and ADOPTED on this 18th day of December 2008.
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I A1JAOYE '-:_~S TO FORM AND
.
LEG SU I I CY
Vote: '-l-D- ,
Mayor Norman S. Edelcup
Vice Mayor Lewis J. Thaler
Commissioner Roslyn Brezin - ~
Commissioner Gerry Goodman
Commissioner George "Bud" Scholl
R2008-Heritage Park Expansion Easements
Moved by: Vl4 y(\~ T 8~~.R..
Seconded by: ~Y't\~ 5C~QbL
"..,.,yes)
0Yes)
_(Yes)
~Yes)
_(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Page 2 01'2
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111111I1111111I111111111111111111111I11111111
Prepared bv and return to:
Douglas G. Christy
Wetherington, Hamilton, Harrison, & Fair, P.A.
P.O. Box 172727
Tampa, FL 33672
CFN 2009R0381734
OR Bk 26879 P9S 1166 - 1169; (4P9Si
RECORDED OS/27/2009 10:01:54
DEED DOC TAX 0.60
SURTAX 0.45
HARVEY RUVIH, CLERK OF COURT
MIAMI-DADE CoUHTY, FLORIDA
PERPETUAL OPEN SPACE EASEMENT
THIS INDENTURE AND PERPETUAL OPEN SPACE EASEMENT (the
"Easement"), is made this S>-' day of t'\ M I:..\.-.. , 2009 between OCEAN RESERVE
CONDOMINIUM ASSOCIATION, INC., a Rorida corporation not for profit, whose address
is 19370 Collins Avenue, Sunny Isles Beach, Rorida, 33160, hereinafter referred to as the
"Grantor", and CITY OF SUNNY ISLES BEACH, a municipality of the State of Rorida,
whose address is 18070 Collins Avenue, Sunny Isles Beach, FL 33160, hereinafter referred to as
"G ran tee" .
WHEREAS, the Grantor is the entity responsible for the maintenance and operation of
that certain condominium known as Ocean Reserve Condominium and described in the
Declaration of Condominium of Ocean Reserve Condominium recorded in O.R. Book 24224,
Page 2071, of the public records of Miami-Dade County, Rorida (the "Condominium").
, .
WHEREAS, the Grantor is authorized and empowered to grant easements pursuant to
Section 718.111 (10), Florida Statutes (2008) over the following described real property (the
"Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE.
AND WHEREAS, the Grantee desires a perpetual easement for the limited purpose of
preserving open space over and across the Easement Area in connection with the construction
and use of a public park by and for Grantee on real property abutting the Easement Area and all
other related lawful public purposes provided for by Chapter 166, Florida Statutes.
AND WHEREAS, the Grantor has agreed to convey and grant said interest in the
Easement Area to the Grantee.
WITNESSETH, that the Grantor, for good and valuable consideration by the Grantee,
the receipt whereof is hereby acknowledged, by these presents does convey and grant unto the
Grantee a perpetual easement for the limited purpose of preserving open space over and across
the Easement Area in connection with the construction and use of a public park by and for
Grantee and all other related lawful public purposes provided for by Chapter 166, Florida
Statutes. Grantor shall be responsible for any liability or damages arising from the negligent use
of the Easement Area by the Grantor, its agents, successors and assigns. Grantee shall be
responsible for any liability or damages arising from the negligent use of the Easement Area by
the Grantee. No use of the Easement Area by Grantee shall restrict, prevent or interfere with
Grantor's maintenance, operation and preservation of the safe, clean, good and functional
condition of the Easement Area or the Condominium in accordance with the standards of
comparable first class developments and in full compliance with all applicable laws and
regulations. Grantee shall further be required to construct, maintain and repair not less than eight
(8) parking spaces within the Easement Area for the use of Grantor and its members as a
condition of Grantee's continued interest and easement rights in the Easement Area hereunder.
In the event Grantee fails to fulfill its obligations under this Easement to use the Easement Area
for the limited purpose of preserving open space over and across the Easement Area in
connection with the construction and use of a public park by and for Grantee, the Easement shall
automatically terminate and revert to the Grantor and Grantor shall be entitled to exercise control
over the Easement Area without respect to Grantee's former interest and easement rights in the
Easement Area. Thereafter, Grantor may record evidence of the termination of the Easement in
the official records of Miami-Dade County, Florida without the consent of any other parties.
TO HAVE AND TO HOLD the same with all and singular the appurtenances thereunto
belonging or in anywise appertaining to the granting of this Easement in law or equity to only the
proper use, benefit, and behoof of the said Grantee, or its successors or assigns.
The purpose of this Easement is to provide a perpetual open space easement over
and across the Easement Area for the limited public purposes stated above.
IN WITNESS WHEREOF, the said first party has caused these presents to be executed
in its name and its corporate seal to be hereunto affixed, by its proper officer(s) thereunto duly
authorized the day and year first above written.
"GRANTOR"
:r, /(/ R Ale }(,
OCEAN RESERVE CONDOMINIUM
ASSOCIA TION, INC.,
a FlO~ ~::rofit
By:
Name: Chris Feurer
Its: President
---- -
O/~ (?O//;dJ
Print Name: tt.v..lJA ?t7 / / lc /C
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF
(Seal)
7
2
PERPETUAL OPEN SPACE EASEMENT JOINDER
OCEAN VIEW DEVELOPERS, LLC
OCEAN VIEW DEVELOPERS, LLC, a Florida limited liability company ("Ocean
View"), hereby joins in the foregoing Perpetual Open Space Easement (the "Easement") to
which this Perpetual Open Space Easement Joinder is attached, agrees that the terms thereof
shall be binding upon Ocean View and its successors in title, and expressly subjects any lands
owned by Ocean View within the Easement Area described in the Easement, if any, to the terms
of the Easement.
IN WITNESS WHEREOF, the undersigned has executed this Perpetual Open Space
Easement Joinder on this ~ day of OYJAA.-tA ,2009.
"OCEAN VIEW"
.;>e
OCEAN VIEW DEVELOPERS, LLC,
a Florida limited liability company
By:~f ~M
Name: Joseph R. Cacciatore
Its: Manager
Li f( j} t:;' J{..
.-:Y/kd/. (?d/;df
Print Name: L-/vPA -A& I Ii c..(C.
(Seal)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before m his ~ day of tfI ~ ,
2009, by Joseph re Cacciatore, Manager of OCEAN VIE DEVELOPERS, LLC, a Florida
limited liability company, on behalf of the compan e' ersonally known to
has produced as i entific /'
OFFICIAL SEAL
ROMUALDA J KISTINGER
NOTARY PUBUC. STATE OF IWNOIS
MY COMMISSION EXPlRES:01J2W11
(Seal)
R:\Ocean Reserve Condominium Association\General\Open Space Easement\Perpetual Open Space Easement3 (clean),doc
3
OR BK 26879 PG 1169
LAST PAGE
EXHIBIT" A"
A portion of Tract "C", GALAHAD-DADE according to the plat thereof as recorded in Plat
Book 92, Page 16 of the Public Records of Miami-Dade County, Florida being more particularly
described as follows:
BEGINNING at the Southeast comer of said Tract "C", also being the Southwest corner of Tract
"D" of said GALAHAD DADE, said point being on the North right-of-way line of Northeast
1 92nd Street as shown on said plat;
THENCE North 88054'10" West, on the South line of said Tract "C" and said North right-of-way
line, a distance of 4.37 feet;
THENCE North 01010'46" East, a distance of 138.17 feet;
THENCE North 88054'57" West, a distance of 66.57 feet;
THENCE North 0 1 003 '09" East, a distance of 163.36 feet;
THENCE South 88050'08" East, a distance of23.9l feet;
THENCE North 01007'33" East, a distance of 59.20 feet;
THENCE North 88052'27" West, a distance of23.92 feet;
THENCE North 01 006'28" East, a distance of2.73 feet;
THENCE North 46002'19" East, a distance of 154.66 feet;
THENCE South 76005'21" East, a distance of 8.72 feet;
THENCE North 13054'39" East, a distance of 67.17 feet to an intersection with a line 40.00 feet
South of and parallel with the North line of said Tract "C";
THENCE South 85003'40" East on said parallel line, a distance of 26.50 feet to an intersection
with the West line of said Tract "D";
THENCE South 10028'07" West on the said West line of Tract "D", also being the East line of
said Tract "C", a distance of 541.92 feet to the' POINT OF BEGINNING.
Said lands lying in the City of Sunny Isles Beach, Miami-Dade County, Florida and containing
37,152 square feet (0.853 acres) more or less.
Prepared By:
CALVIN, GIORDANO AND ASSOCIATES, INC.
1800 Eller Drive, Suite 600
Fort Lauderdale, FIOIida 33316
January 26, 2009
TO:
FROM:
DATE:
RE:
-
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
The Honorable Mayor and CI
A. John Szerlag, City Manag\
December 18, 2008
Expansion of Heritage Park
I have had a series of meetings with Mr. Joe Cacciatore, CEO of the Ocean Reserve Development,
which is contiguous to the western boundary of Heritage Park. Mr. Cacciatore has indicated that
Ocean View Condominium Association will dedicate approximately one (1) acre of their property
that will have a two-fold effect:
1. An expansion of Heritage Park
2. An enhancement to the front of Ocean View condominiums
This property dedication will be in the form of an easement, which will be held in perpetuity by the
City of Sunny Isles Beach for the sum of One Dollar ($1.00).
Please know that we plan on going out for bids on the parking structure and Heritage Park before the
close of January. That said, I would like the authority to do all things necessary to accept an
easement from the Ocean Reserve Condominium development, so that we may include this parcel to
be incorporated in our park development.
As always, 1 will be happy to answer any questions you may have.
AJS/pw
Attachments
cc: Joe Cacciatore, Ocean Reserve Development
Hans Ottinot, City Attorney
Jorge L. Vera, Assistant City Manager/Services
Doug Haag, Assistant City Manager/Finance
Rick Conner, Public Works & Engineering Director
Susan Simpson, Cultural & Human Services Director
To be completed by Department Head To be completed by City Clerk's Offlce
Funding available: Approval: Agenda Item No,: l O\<
Finance Department City Manager l2-'~-O~
Commission Meeting Date:
Heritage Park Expansion Agenda Memo
70
QUARTERLY UPDATE
SUNNY ISLES BEACH, FLORIDA'S RIVIERA
Proposed Projects, Heritage Park and Garage, continued
EXERCISE TRAIL
PARK EXIT DRIVE
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{l PLAYGROUND AND
~ ~ . SHADE STRUCTURE \
~ '" FOSSIL DIG
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PARKING GARAGE ~ ENTRANCE PLAZA
DESTRIAN CROSSWALK
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PARK SHELTER
SABAL PALM GROVE
ACCESS RAMP
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CONCEPTUAL SITE PLAN
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P AGE
45
71
QUARTERLY UPDATE
SUNNY ISLES BEACH, FLORIDA'S RIVIERA
Proposed Projects, Heritage Park and Garage, continued
~
The site of Heritage Park just north of the William Lehman Causeway and west of Collins
Avenue.
P AGE
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EXHIBIT
SHOWING ADDITIONAL PARCEL FOR HERITAGE PARK
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I GOLDEN GATE ESTATES AND MARINA
I PLAT BOOK 147, PAGE 32 I I
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10.0' \J1lUTY EAsaIDlT PER
. PlAT BOOK 92. PA~ 18.
I _ t.IAMI-~~ ~TY RE~ _ _ _ ;:- /'
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192nd STREET (S.R. 856)
N.E.
= "GALAHAD-DADE" PLAT LIMITS
= LIMITS OF PARCEL TO BE ADDED
1"=100'
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EXHIBIT
SHOWING ADDITIONAL PARCEL FOR HERITAGE PARK
Being 0 portion of Tract 'C, "GALAHAD-DADE", according
to the plot thereof os recorded In Plot Book 92. Page 16,
of the Public Records of Miami-Dade County. Florido lying
East of existing buildings on said Tract 'C and adjoining
the West line of that certain parcel of land conveyed to
the City of Sunny Isles Beach and described by that
special Warran t y Deed recorded in Official Records Book
24821. Page 633. of the Public Records of Miami-Dade
County, Florida
Said lands lying and being in the City of Sunny Isles
Beach. Miami-Dade County. Florida.
Information shown hereon does not represent a Boundary
Survey.
CaMn. Giordano ~. AJJOciata. Inc.
Engineers Swwyors P1annm
1800 ElI.r Drive, SuIte 600
fort lAuderdele. norlda 33318
Phone, 95-4,921.7781 r.. OM,0218807
· CerlUicolc or Authorh.alion 67tll
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I HERITAGE PARK
I CITY OF SUNNY ISLES BEACH
II MIAMI-DADE COUNTY, FLORIDA
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112-08-20081' SEE LEFT 1 01
1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
TO: A. John Szerlag, City Manager
FROM: Jane A. Hines, CMC, City Clerk~ :A:~~..........
DATE: December 24,2008
RE: Approval of Resolution No. 2008-1363
At its regular meeting of December 18, 2008, the City Commission adopted Resolution No.
2008-1363 authorizing the City Manager to negotiate, secure, and accept an easement from
Ocean Reserve Development for the purpose of expanding Heritage Park.
Enclosed is a copy of the adopted Resolution for your file.
Thank you.
Attachments
Memo City Mgr Re Ocean Reserve Dev 121808
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 1 1 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk ~ f\. ~
December 24, 2008
Approval of Agreements
At its regular meeting of December 18, 2008, the City Commission adopted the following
Resolutions:
. Resolution No. 2008-1360 Approving an Agreement with Barthet Firm;
. Resolution No. 2008-1361 Approving a Settlement Agreement with the County
Property Appraiser's Office; and
. Resolution No. 2008-1362 Approving a Non-Binding Agreement with LSB
Investment.
Enclosed is a copy of each of the adopted Resolutions for your handling.
Thank you.
Attachments
cc: Doug Haag, Assistant City Manager/Finance
Memo Hans Ottinot Re Resolutions Approved 121808
WETHERINGTON. HAMILTON,
HARRISON & FAIR, P.A.
+
ArrORNEYS-AT -LAw
1010 N. Florida Avenue
P.O. Box 172727
Tampa, Florida 33672
Phone: (813) 225-1918 ext. 29
Fax:: (813) 225-2531
dgc@whhf-law.com
March 6, 2009
RECEIVED
MAR 6 2009
Via Federal Express
City of Sunny Isles Beach
Hans Ottinot, City Attorney
18070 Collins Avenue, 4th Floor
Sunny Isles Beach, FL 33160
CITY OF SUNNY ISLES BEACH
OFFICE OF THE CITY ATTORNEY
Re: Perpetual Open Space Easement - Ocean Reserve Condominium Association,
Inc.
Our File No.: 4320-611.1
Dear Mr. Ottinot:
Enclosed with this letter, please find an original copy of the Perpetual Open Space Easement that
is being granted by Ocean Reserve Condominium Association, Inc. to the City of Sunny Isles
Beach in connection with the development of the Heritage Park project. Please see that this
instrument is recorded in the public records of Miami-Dade County, Florida in the exact form
and order as it has been provided to you with this letter and returned to my attention.
Please do not hesitate to contact me should you have any questions. Thank you.
Please direct all responses to the attention of the undersigned attorney.
Sincerely,
WETHERINGTON, HAMILTON, HARRISON & FAIR, P.A.
t\
6
Douglas G. Christy
DGC/agh
cc: Ocean Reserve Condominium Association, Inc. (via e-mail only)
Enclosure
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edeleup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman Commissioner
George "Bud" Scholl, Commissioner
Rick Conner, Acting City Manager
Hans Ottinot, City Allorney
Jane A. Hines, Ci\1c, City Clerk
MEMORANDUM
Rick Conner, Acting City Manager
Jorge Vera, Asst. City Manager
Jane Hines, City Clerk
Hans Ottinot, City Attorney
~e., ~ \\.~
March 9, 2009
Ocean Reserve Condominium Assn. Perpetual Open Space Easement
Please find attached the Perpetual Open Space Easement granted by Ocean Reserve
Condominium Association, Inc. ("Ocean Reserves"). Please note that the easement will revert to
Ocean Reserve if the easement is not used in connection with Heritage Park. The original
easement is provided to the City Clerk for recording purposes.
Should you have any questions, Please feel free to call me.
HO/jb
cc: The Honorable City Commission
Fernando Amuchastegui, Assistant City Attorney
Priscilla Walker, deputy City Clerk (Original documents for recording)