HomeMy WebLinkAboutExhibit BThis instrument prepared by (or
under the supervision of),
and after recording should be
returned to:
Ethan Wasserman, Esq.
Greenberg Traurig, P.A.
222 SE 2nd Avenue, #4100
Miami, Florida 33131
(Space Reserved for Clerk of Court)
EMERGENCY ACCESS EASEMENT
FOR FIRE AND POLICE EMERGENCY ACCESS
THIS EMERGENCY ACCESS EASEMENT is made and entered into as of the day
of , 2025, by and between 3050 Biscayne Properties, LLC ("Grantor"), having an
address of 2200 Biscayne Boulevard, Miami, Florida, 33147, and the CITY OF MIAMI, a municipal
corporation existing under the laws of the State of Florida ("Grantee"), having an address of c/o
the City Manager, 444 SW 2nd Avenue, Miami, FL 33130.
RECITALS:
WHEREAS, Grantor is the owner of that certain property lying and situate in City of Miami,
Miami -Dade County, Florida, and more particularly described on Exhibit "A" attached hereto (the
"Property");
WHEREAS, Grantee has a fire access easement ("Platted Easement") encumbering the
Property pursuant to that certain Plat recorded in Plat Book 121, Page 87 of the public records of
Miami Dade County, Florida;
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WHEREAS, Grantor has requested, and Grantee has agreed, to terminate its rights in and
to the Platted Easement, subject to the Grantor providing sufficient replacement easement rights
for the Grantee's access over the Property for fire and police emergency use; and
WHEREAS, Grantor has agreed to grant and create, and Grantee desires to obtain, on
the terms and conditions hereinafter set forth, an Emergency Access Easement over, across,
under and through that certain property legally described in Exhibit "A" attached hereto and by
this reference made a part hereof (the "Easement Parcel") for the purposes hereinafter set forth.
NOW THEREFORE, Grantor, in consideration of Ten ($10.00) Dollars, and for other good
and valuable considerations, the receipt and sufficiency of which are hereby 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. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement
(the "Easement") solely for the purpose of providing ingress and egress to Emergency Fire and
Police Vehicles and Personnel. The Easement shall be fully accessible by the Grantee and/or its
designee on a twenty-four (24) hours basis and shall be maintained free and clear of any
encroachments and/or obstacles which may interfere with Grantee's access; Grantor hereby
acknowledges that while there are existing roadway improvements, pursuant to instruction from
Grantee the guard house will be removed to not interfere with Grantee's intended use.
3. 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. Grantor recognizes and agrees that any
development of the Property will require customary approvals from the City of Miami as regulatory
agency, including plan approval from the Fire department in the normal course.
4. Reservation. Grantor hereby reserves all rights of ownership in and to the
Easement Parcel which are not inconsistent with the Easements, including, without limitation: (a)
the right to grant further non-exclusive easements on, under, over and/or across the Easement
Parcel (i.e. utility and/or access easements), provided such easements do not materially interfere
with or not inconsistent with the uses permitted herein; and (b) the right to use the Easement
Parcel for all uses not materially interfering or inconsistent with the uses permitted herein,
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including, but not limited to: vehicular access and ingress and egress to, over, and from the
Easement Property and the Property; service access to, over and from the Easement Property
and the Property; installation, maintenance and use of utility facilities and access therefore and
maintenance thereof; the right to conduct any activity upon the Easement Parcel which promotes
the security of the Easement Parcel or the Property or any persons or property located thereon.
5. Covenant Running with the Land. This Emergency Access Easement for Fire
and Police Emergency Access on the part of the Grantor shall constitute a covenant running with
the land and shall be recorded in the public records of Miami -Dade County, Florida and shall
remain in full force and effect and be binding upon the Grantor, and its heirs, successors, and
assigns (including, without limitation, any ensuing condominium association or operator of the
Property) until such time as the same is modified or released.
6. Enforcement. The provisions of this Emergency Access Easement may be
enforced by all appropriate actions at law and in equity by the Grantor and/or the respective fee
owners from time to time of the Property.
7. Construction. The section headings contained in this Emergency Access
Easement are for reference purposes only and shall not affect the meaning or interpretation
hereof. All of the parties to this Emergency Access Easement have participated fully in the
negotiation of this Emergency Access Easement, and accordingly, this Emergency Access
Easement shall not be more strictly construed against any one of the parties hereto. In construing
this Emergency Access Easement, 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.
8. Notices. Any and all notices required or desired to be given hereunder shall be in
writing and shall be deemed to have been 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 prepaid, and addressed to the applicable party to the address set for such
party set forth below:
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As to Grantor:
3050 Biscayne Properties, LLC
2200 Biscayne Blvd.
Miami, FL 33137
Attn: Jonathan Newberg
As to Grantee:
City of Miami Fire Rescue
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130
Attn: Robert Hevia, Fire Chief
Christian F. Guzman, Assistant Fire Chief, Fire Marshall
9. Severability. In the event any term or provision of this Emergency Access
Easement is determined by appropriate judicial authority to be illegal or otherwise invalid, such
provision shall be given its nearest legal meaning as such authority determines, and the
remainder of this Grant of Easement shall be construed in full force and effect.
10. Successors and Assigns. This Emergency Access Easement shall be binding
upon and inure to the benefit of the parties hereto and their respective successors and assigns.
11. Amendments; Termination. The Easement granted herein shall be perpetual in
duration, and shall not be changed, altered or amended except by instrument in writing executed
by the Grantor or its successors and assigns and the City. Further, no modification or amendment
shall be effective unless in writing and recorded in the Public Records of Miami -Dade County,
Florida.
12. Entire Emergency Access Easement. This Emergency Access Easement
constitutes the entire Emergency Access Easement among the parties with respect to the subject
matter hereof and supersedes all prior Emergency Access Easements, understandings and
arrangements, both oral and written, between the parties with respect thereto.
[SIGNATURE PAGES TO FOLLOW]
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IN WITNESS WHEREOF, Grantors have executed this Emergency Access Easement as
of the day and year first above written.
Print Name: liU,� et °°
l;
Print Name:
3050 Biscaroperties, LLC
By:
Name: Jonathan
Title: Vice President
STATE OF 47RtDA )
)ss.
COUNTY OF 9-4/%111/ • /1Jr4Ar
The foregoing instrument was acknowledged before me by means of C' physical presence or ❑
online notarization, this 9i 3'''`i day of tiji-,,, hY'2024, by Jonathan Newberg as Vice
President of 3050 Biscayne Properties, LLC. who is personally known to me or has produced
as identification.
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5-
Print or Stamp _ me:
Notary Public, State of "41,441vA
Commission No.: N/A
My Commission Expires: D 5 'a1 • at ai3
Notary Public State of Florida
Rita Milagros•Alvarado Rico
1111 My Commission HH 354520
Expires 5/21/2027
CITY OF MIAMI, a municipal
ATTEST: corporation of the State of Florida
By:
Todd B. Hannon, City Clerk Arthur Noriega V., City Manager
By: By:
Robert Hevia, Fire Chief Manuel A. Morales, Chief
Fire Rescue Department Police Department
APPROVED AS TO LEGAL FORM AND APPROVED AS TO LEGAL DESCRIPTION
CORRECTNESS:
By: By:
George K. Wysong, City Attorney
Juvenal Santana, P.E., C.F.M.
Director of Resilience and Public
Works
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Exhibit "A"
Easement Sketch and Legal
7
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SKETCH TO ACCOMPANY LEGAL DESCRIPTION
EMERGENCY ACCESS &
INGRESS —EGRESS EASEMENT
31 5.00
35.00'
A N
g
L _ J I
N.E. 32nd STREET
N89 2933"E 202.11
R=18.00'
d=89.3030"
L=28.12'
TAN=17.85'
a
N z p
-, ZW
Q
JUw.
csi
co
TRACT C
:W
co
o�
i.�
1 1 1 I1
1 1 1 11
1 1 1 11
41.57'
N89'59'09"E
CENTERLINE OF 25.00 FOOT
WIDE EMERGENCY ACCESS &
INGRESS -EGRESS EASEMENT-
16' VERTICAL LIMIT
11,898± SQUARE FEET
N8959 51 E
N89'59 51 E 261.51 ' S8959 51.W
N90'00'00 W
104.88'
10' ALLEY
L
10 ALLEY
rn
d'
oo
N89°59 51 E
SOUTHERLY LINE,
TRACT C
BISCAYNE NORTH ASSEMBLAGE
(P.B. . PG. )
N89'59'09 E
TRACT B
475.93'
w
J Z�
1-
(%UN m
wgma.9—a
475.93' N89 59 51 E 214.42'
475.93'
SOUTHERLY LINE,
TRACT B
BISCAYNE NORTH ASSEMBLAGE
(P.B. PG )
BISCAYNE NORTH ASSEMBLAGE
PLAT BOOK , PAGE
N90°00'00 E
5.02'
o
TRACT A
/0.00'00E 361.06'
SOUTHERLY UNE,
TRACT A
BISCAYNE NORTH ASSEMBLAGE
(P.B. PG. )
R=15.00'
d=90°00 41
L=23.56'
TAN=15.00'
y
NOTE:
1. Bearings, when shown hereon, relate to an
BISCAYNE NORTH ASSEMBLAGE, Plat Book
2. See Sheet 2 for Legal Description.
1
50.00'
N.E.
$$ 31s-
N ST.
ti
r
I
I
T
1
L
N.E. 30th. STREET ^�+
assumed bearing (S90°00'00"E) along the Southerly boundary line of Tract A,
at Page ____, of the Public Records of Miami —Dade County, Florida.
— Centerline
R — Radius
THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.SA4 'i, 5
S ;c — S�iez & 744404.' Y7vi9 •.
LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY- MIRAM,;;,4H,753302'5
SCALE
1''=100'
A — Interior Angle
TAN — Tangent
SHEET 1 OF 2 SHEETS
PHONE No.(954)435-7010 FAX No. (954)438-3288
ORDER NO. 211970 PR PARED UNDM MY SUP RMSON: ;TATEOF
DATE: 06-09-20
�/U/ C/41 % e/ A�O%7i s g P
•
THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, 6RINCIPQLD R \Q ••.•'
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SI,1RVE1'C9R.Nar°�177 ���,`
REVISIONS
City Comments
-Feb. 12, 2025
K:\305342\CRESCENT HEIGHTS\SKETCH LEGALS\DWG\BISCAYNE NORTH ASSEMBLAGE - PROPOSED EASEMENTS 0727'
•
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
EMERGENCY ACCESS &
INGRESS —EGRESS EASEMENT
LEGAL DESCRIPTION:
The North 25.00 feet of the South 39.85 feet of Tracts B & C, BISCAYNE NORTH ASSEMBLAGE, according to the Plat
thereof, as recorded in Plat Book at Page , of the Public Records of Miami —Dade County, Florida. Said
easement being limited to a clear height of 16 feet above grade.
Said Easement lying and being in the Northwest 1/4 of Section 30, Township 53 South, Range 42 East, City of Miami,
Miami —Dade County, Florida.
NOTE:
1. Bearings shown hereon relate to an assumed bearing (S90°00'00"E) along the Southerly boundary line of Tract A,
BISCAYNE NORTH ASSEMBLAGE, Plat Book at Page , of the Public Records of Miami —Dade County,
Florida.
2. See Sheet 1 for Sketch to Accompany Legal Description.
Prepared For: 3050 Biscayne Holdings
�o���\\\\flflIIII IJJJ11JJJuJ/1
THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P. S M, `474 EV EN U ��' ,,
.....,,oT 2 OF 2 SHEETS
S — Stlial¢.i.Vt & ,444061>rt4e&, t? etcSF'•. o
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY- MIRAM,p;,4H,753302
PHONE No.(954)435-7010 FAX No. (954)438-3288 *
ORDER NO. 211970 PR PARED//hAJ
UNDCE� MY SUPERVI ON: 'TATEOF
DATE: 06-09-20 r/U/.(.U/N% eO%'7i .4414 ,, ••
THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, T':41NCIPQLO R \Q ••.••
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SI,1RVE119fi.Nar0477 ���\`
REVISIONS
City Comments
Feb. 12, 2025
K:\305342\CRESCENT HEIGHTS\SKETCH LEGALS\DWG\BISCAYNE NORTH ASSEMBLAGE — PROPOSED EASEMENTS 0727'
,,,noiRV,E.0 \\\\\
JOINDER BY MORTGAGEE
The undersigned, Amerant Bank, N.A. (f/k/a Mercantil Bank, N.A.), a national association,
as Mortgagee under that certain Amended and Restated Consolidated Mortgage, Security Agreement,
r Filing and Notice of Future Advance from 3000 Property, LLC, a Delaware limited liability
company, 3050 Biscayne Properties, LLC, a Delaware limited liability company, 3195 Property,
LLC, a Delaware limited liability company, 2950 NE 2nd, LLC, a Delaware limited liability
company, 200 NE 30th, LLC, a Delaware limited liability company, 2900 Block Redevelopment,
LLC, a Florida limited liability company and Crescent Heights of America, Inc., a Florida
corporation, recorded August 17, 2017 in Official Records Book 30659, Page 3222, as affected by
that certain Modification to Mortgage and Other Loan Documents and Spreader Agreement in favor
of Amerant Bank, N.A., a national banking association (f/k/a Mercantil Bank N.A.) recorded June
24, 2021 in Official Records Book 32581, Page 1389, of the Public Records of Miami -Dade County,
Florida, covering all/or a portion of the property described in the foregoing Emergency Access
Easement does hereby acknowledge that the terms of the Emergency Access Easement are and shall
be binding upon the undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this day of t' 'IV
2024.
Amerant Bank, N.A( `f/k/a N -cantil Bank, N.A.,
a national 1%anling association
By: : i\k) ti _
Name Francisco Gambin
Title: cutive is President, Head of CRE
Address: 2 Alhambra Circle
Coral Gables, Florida 33134
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing inst ument(vas acknowledged before me by means of/['``]\physical presence OR [ ]
online notarization, this day of 41\12/1,/ , 2024, by Francisco Gambin as Executive Vice
President / Head of CRE of Amerant Bank, N.A. f/k/a Mercantil Bank, a national banking
association. Personally Known to me or [ ] Produced Identification.
Type of Identification Produced
or Sta'p Name: 41_ �~ r
`Notary Public, State of fcil4r
Commission No.:
My Commission Expt M
:oil '#j .. YVONNE BOUCUGNANI
Notary Public - State of Florida
1 `::'eorfl.� Commission # HH 315573
My Comm. Expires Sep 22, 2026
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