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HomeMy WebLinkAboutExhibitThis instrument prepared by and return to: Nelsen Kasdin, Esq. Akerman LLP 1 SE 3 Avenue, 25 Floor Miami, Florida 33131 GRANT OF PUBLIC ACCESS EASEMENT THIS GRANT OF PUBLIC ACCESS EASEMENT (the "Easement") is niade this - -- day of , 2014 by ALPINE ESTATES, LLC, a Florida limited liability company, its successors and assigns, whose mailing address is 20900 NE 30 Avenue # 603, Aventura, Florida 33180 ("Grantor"), in favor of the CITY OF MIAMI, a municipal corporation, whose mailing address is c/o City of Miami, 3500 Pan American Drive Miami, Florida 33133 (the "City" or "Grantee"). RECITALS: WHEREAS, Grantor is the fee simple owner of certain real property located in the City of Miami, Miami -Dade County, Florida, more particularly described in attached Exhibit "A," (the "Grantor's Property"); and, WHEREAS, Grantor intends to develop a residential building (the "Project"), which in the future may be made subject to a condominium regime, on the Grantor's Property consistent with plans approved by the City for Building Permit _# BD13-022933-001 (the "Project Plans"); and, WHEREAS, there is a dedicated public right of way which is now identified as NE 27 Terrace Alley (the "Alley") created by instrument by Filer's Plat, Plat Book B, Page 6, recorded on December 27, 1897; and, WHEREAS, the Project Plans contemplate the use of a 13-foot wide portion of the Easement (the "Vehicular Drive") for vehicular egress from the Alley and Project garage southbound onto NE 27th Street, a 5-foot wide portion as a pedestrian walkway for access ("Pedestrian Access") between Street and a proposed park on the NE 28th Street inlet (the "Park") and Project baywalk (the "Baywaik"), and the remaining two (2)-foot wide segment as a landscape buffer between the Vehicular Drive and Pedestrian Access; and, WHEREAS, Grantor desires to grant to the City and the public a non-exclusive, public access easement with a vertical clearance of twenty-eight (28) feet in, over, upon, across and through a portion of the Grantor Property, as more particularly described in attached Exhibit "B," (the "Easement Area"), and the location and sketch of the Easement Area attached hereto as Exhibit "B-1", for the purposes outlined herein above; and, (28964848;3} Page 1 of 10 1;(,‘ / cis 7 NOW, THEREFORE, in consideration of the mutual covenants . and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the City and Grantor agree as follows: 1. Incorporation of Recitals. The parties acknowledge that the foregoing recitals and the exhibits referred to therein are true and correct and hereby incorporated into this Easement as if fully set forth herein. 2. Public Access Easement. Grantor does hereby grant and convey to the City, its successors and assigns, a perpetual non-exclusive, three-dimensional easement with a vertical clearance of twenty-eight (28) feet, measured from the base of the driveway to the underside of the parking structure, in, over, upon, across andthroughthat portion of the Grantor Property described on Exhibit "B", attached hereto and made a part hereof, for use as a Passageway for vehicles traveling from the Alley southbound to NE 27th Street and the general public over the Easement Area. The Easement Area shall not create exclusive rights to use the Easement Area, and the undersigned reserves all other rights not inconsistent with this Easement. 3. Public Access. Grantor expressly acknowledges and agrees that the general public shall have the right to use the Easement Area for vehicular access from the Alley southbound to NE 27th Street and pedestrian easement access between NE 27th Street and the Park and Baywalk. Nothing herein shall be construed to permit the public to park vehicles within the Easement Area or otherwise obstruct vehicular traffic within the Easement Area. 4. Construction of Easement Improvements. Grantor shall construct the improvements within the Easement in conjunction with the development of the Project and in accordance with the Project Plans. Grantor reserves the right to preclude or limit access to the Easement Area prior to and during the construction of the Easement improvements. 5. Maintenance and Repair of Easement Area. Grantor or its successors and assigns, which successors and assigns may include a condominium association, shall, at its sole cost and expense, maintain and keep in good repair the Easement Area and shall keep such areas clear and free of rubbish and obstruction of every nature and the City shall have the authority to monitor and enforce same. Grantor reserves the right to preclude or limit access to the Easement area during the maintenance and repair of the same upon completion of the construction of the Easement improvements by Grantor. 6. Right of Entry. The City shall have full right to enter upon the Easement Area at any time. 7. Removal and/or Relocation of Utilities. The cost of removal and/or relocation of any and all utilities, including storm and sanitary sewers, installation of any required drainage facility, removal of curbs or abandoned concrete approaches and sidewalks, necessitated by the Easement Area improvements identified in the Project Plans shall be borne by Grantor. 8. Vertical Clearance of Easement Parcel. The Easement shall extend to a vertical clearance of twenty eight (28) feet, measured from the base of the driveway to the underside of the parking structure, throughout the entire length and width of the Easement Area. Grantor shall be able to construct foundations and footings underneath the Easement Area. (28964848;3} Page 2 of 10 • 9. Covenant Running with the Land. This Grant on the part of Grantor shall constitute both ,a covenant and a condition running with the land and shall be recorded, at Grantor's expense, in the public records of Miami -Dade County ("County"), Florida, and shall remain in full force and effect and be affirmatively enforceable against the parties hereto, and their.. heirs, successors and assigns unless and until such time as the same, is released automatically or in writing as provided in Provision 11 below. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the benefit of the City of Miami and the public welfare. 10, Indemnification. Grantor shall indemnify and hold harmless the City from all costs, losses, damages, liabilities, expenses, penalties, and fines whatsoever that may arise from or be claimed against the City by any person or persons for any injury to person or property or damage of whatever kind or character arising from out of or in connection with this Grant of Easement or the use or occupancy of the Easement; from any neglect or failure by the _ City to comply and conform with all laws, statutes, ordinances, and regulations of any government body or subdivision now or hereafter in force. If any lawsuit or -proceeding shall be brought against the City, its agents or employees that is not based upon or does not arise from any acts or omissions of the City, its agents or employees, any such actions or proceedings being expressly excluded from the indemnification described herein, Grantor agrees that Grantor will defend the City, pay whatever judgments may be recovered against the City, and pay for all attorney's fees in connection therewith, including attorney's fees on appeal. 11. Modification, Amendment, Release. This Grant of Easement is an irrevocable grant of public easement access which may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then owner(s) of the Grantor Property, including joinders of all mortgagees, if any, provided that if the Property has already been submitted to the condominium form of ownership, only the condominium association managing the common elements thereof shall be required to execute the instrument. Any modification, amendment, or release must be approved in writing by the City Manager or his/her designee, and the City Attorney as to legal form and correctness. 12. Enforcement. Enforcement shall be by action at law or in equity against any parties or person violating, or attempting to violate, any covenants, either to restrain violations or to recover damages. The prevailing party in any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of their attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity, or both. However, the City shall not be liable for any fees or costs pursuant to this provision. 13. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 14. Severability. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions which shall remain in full force and effect. However, if any material portion is invalidated, the City shall be entitled to revoke any approval predicated upon the invalidated portion. (28964848;3) Page3of 10 15. Ca.ptions. The Agreement headings and captions contained. in .this Agreement are for convenience and reference only and in no way define, limit, or describe the scope of the intent. of this Agreement.. 16. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identify of the part or parties may require. 17. Exercise of Rights. Notwithstanding anything herein to the contrary, any rights granted to the City shall be exercised so as to avoid and/or minimize interference with the use and operation of the Property. 18. Applicable. Law. The validityof this Agreement and all of its terms and provisions, as well as rights and duties of the parties hereunder, shall . be interpreted and construed in accordance with the laws of the state of Florida. 19. . Notices. All notices which shall be given under this Agreement shall be made in writing by certified mail, return receipt requested, with property postage affixed, by telex, by telecopy or by hand -delivery addressed: As to Grantor: As to City: Each such notice delivery; (2) on the date with confirmed receipt if which the return receipt {28964848;3} Alpine Estates, LLC 20900 NE 30 Avenue # 603 Aventura, Florida 33180 Attn: Fernando Levy-Hara Facsimile. No. (305) 917-7674 City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 Attn: City Manager Facsimile No. With copies to: City of Miami Attorney 444 SW 2 Avenue Suite 945 Miami, FL 33130 City of Miami Director of Public Works 444 SW 2 Avenue Miami, FL 33130 shall be deemed delivered (1) on the date delivered if by personal telecommunicated if by telegraph; (3) on the date of transmission by telex, telefax or other telegraphic method; (4) on the date upon is signed or delivery is refused or the notice is designated by the Page 4 of 10 postal authorities as not deliverable, as the case may be, if mailed; and (5) one day after mailing by any .form of overnight mail service. 20. Recording. The easement granted hereunder shall commence on the date of recordation in the Public Record of Miami -Dade County, Florida. 21. Grantor. The term Grantor" shall include Alpine Estates, LLC, and its heirs, successors and assigns. 22. Governing Laws. The laws of the State of Florida shall govern the interpretation, validity, performance and enforcement of this Declaration. Venue for any action brought hereunder shall be proper exclusively in Miami -Dade County, Florida. 23. Successors and Assigns. The covenants, conditions and agreements contained in this Easement will inure to the benefit of and be binding upon the successors and assigns of Grantor and the City and the general public, including but not limited to any Condominium association which may be successor or assignee of Grantor. 24. Authority to Execute. Grantor warrants and represents to the City that the individual(s) signing this Easement on behalf of Grantor have full power and authority to execute and deliver the Easement and to bind Grantor. C28964848;3) {remainder of page intentionally blank} Page 5 of 10 IN WITNESS WHEREOF, Grantor has executed this Easement the day and year first above written. 4l s Signature) Print Name `�� �`-� . n �.� (Wifi.e s) .�- (W ssS'griare) rl t Ne ISR 74L (Witness) STATE OF FLORIDA )ss: COUNTY OF MIAMI-DADE Alpine Estates, LLC, a Floida limited liability company 7 l By: Name: Stepit k9Te l/V\r ' Title: Manager I HEREBY CERTIFY, that on this 2.` day of ,3U , 2014, before me personally appeared Stephan Gietl, as Manager of Alpine Estates, LLC, a Florida limited liability company, on behalf of said company, to me known to be the person described herein and did/did not produce identification who executed the foregoing conveyance and severally acknowledged the execution thereof to be his free act and deed as such officer, for the use and purpose therein expressed; and he affixed thereto the official seal of said Company, and the said instrument is the act and deed of said Company. My commission expires: Q51 33 O/ / {28964848;3} (J t/ °'i - ) Notyry Publ)!S1te,,of Florida YANETH JARVIS c MY COMMISSION # EE203765 nr t EXPIRES May 30, 2016 el ie, (4D7)398-0153 Fb1 MotarySeNtos.com Page 6 of 10 ATTEST: CITY OF MIAMI By: By: (SEAL) City Clerk Approved By Public •rks Director, City of Miami Approved as to form and legal sufficiency: City Attorney, City of Miami {28964848;3} City Manager Planning Dire 1v' FfKG6 {J' ity of lami Page 7 of 10 Exhibit "A" Legal Description of the Grantor Property Lots 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 of Block 3, J. PACKARD LAIRD'S RESUBDIVISON, according to the Plat thereof, as recorded in Plat Book 7, at Page 181, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH: A 15.00 foot strip of land in Section 30, Township 53, South, Range 42 East, Miami -Dade County, Florida, lying North of and adjacent to Lots 18 through 23, Block 3, J. PACKARD LAIRD'S RESUBDIVISON, according to the plat thereof as recorded in Plat Book 7, Page 81, of the public records of Miami Dade County, Florida, more fully described as follows: Beginning at the North west comer of said Lot 18; thence North 90°00°00" East, on the north line of said Lots 18 through 23, a distance of 128.60 feet; thence North 00°00'00" East, a distance of 15.00 feet; thence North 90°00'00" West, on a line 15.00 feet North of and parallel with the North line of said Lots 23 to 18, a distance of 128.60 feet; thence South 00°00'00" East, on the Northerly extension of the West line of said Lot 18, a distance of 15.00 feet, to the Point of B eginning. Said land situate, lying and being in the City of Miami, Miarru-Dade County, Florida and containing 26,128 square feet or 0.5998 acres more or less. {28964848;3} Page 8 of 10 Exhibit "B" Legal Description of the Easement Area The West 20.00 feet of Lot 18, of Block 3, of J. PACKARD LAIRD'S RESUBDIVISION, according to the Plat thereof as recorded in Plat Book 7 at Page 81, of the public records of Miami Dade County, Florida; and that certain.15.00 foot strip of land or Alley in Section 30, Township 53, South, Range 42 East, Miami -Dade County, Florida, Tying North of and adjacent to the said West 20.00 feet of Lot 18, with a vertical clearance of twenty-eight (28) feet only, measured from the base of the driveway to the underside of the parking structure. Said land situate, lying and being in the City of Miami, Miami -Dade County, Florida and containing 1,929 square feet or 0.0443 acres more or less. - - (28964848;3} Page 9 of 10 McLAUGHLIN ENGINEERING COMPANY LBO,#285 ENGINEERING * SURVEYING T PLATTING * LAND PLANNING' 400 N.E. 3rd AVENUE FORT LAUDERDALE,, FLORIDA 33301 PHONE (954) 763-7617 * FAX (954) 763-7615 SCALE 1 ' = 30' EXHIBIT tr SKETCH AND DESCRIPTION 20' PUBLIC INGRESS/EGRESS EASEMENT LOT 18, BLOCK 3, J PA CKARD LAIRD'S SUB. (P. B. 7, PG. 81, D.C.R.) N90 00'00 "E 20.00' N THIS SKETCH N.E. 27th STREET ALLEY b n m DRAKE AVENUE (N.E. 27th STREET) LEGAL DESCRIPTION BISCA YNE BAY 1 ti N 29 e N t SITE LAYOUT NOT TO SCALE m 4 N 22 BISCA YNE BAY The West 20.00 feet; of Lot 18, Block 3, J. PACKARD., LAIRD'S RESUBDIVISION, according to the plat thereof, as recorded in Plat Book 7, Page 81, of the public records of Miami Dade County, Florida; AND that certain 15.00 foot strip of land or Alley in Section 30, Township 53, South, Range 42 East, Miami —Dade County, Florida, lying North of and adjacent to the said West 20.00 feet of Lot 18. Said land situate, lying and being in the City of Miami Miami —Dade County, Florida and containing 1,929 square feet or 0.0443 acres more or less. N.E. 27th STREET ALLEY o''o •kJ C3 N90°00'001'W 20.00' (26 15' ALLEY VACATED PER RESOLUTON RECORDED IN (0.R. 28584, PG. 1812, D. C. R) soo •oo'oo'E NORTH LINE, LOT 18 )‹BL 0C LOT 19 3 LOT 20 NOTES: 7) This sketch reflects all easements and rights —of —way, as shown on above referenced record plot(_). The subject property was not abstracted for other easements road reservations or rights —of —way of record by McLaughlin Engineering Company. 2) Lead description prepared by McLaughlin Engineering Co. 3) This drawing is not valid unless sealed with on embossed' surveyors seal. 4) THIS IS NOT A BOUNDARY SURVEY. 5) Bearings shown assume the South line of said Block 3, as North 90 00 00" West. ROPOSED 71 R/W DEDICA TI0N SOUTH LINE, LOT 18 N.E. 27th STREET (DRAKE AVENUE) CER TIFICA T/ON Certified Correct. Dated at Fort Lauderdale, Florida this 25th days of July; 2014. McLAUGHL!N ENGI4/EERING COMPANY Q JAMES M. AALA Uk'HLIN JR. Registered Land Surveyor No. 4497 State of Florida. FIELD BOOK NO. DRAWN BY JM /jr JOB ORDER NO. U— 7502 REF. DWG.: 11-3-046 CHECKED BY. C: \ JMMjr/2072/07502(PLA T DADE)