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Home My WebLink AboutR-2009-053 Access Easement Stirling Design Limited RESOLUTION NO. 2009-053 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, GRANTING AN ACCESS EASEMENT TO STIRLING DESIGN LIMITED PARTNERSHIP FOR PROPERTY LOCATED ON STIRLING ROAD, ADJACENT TO THE CITY PUBLIC SERVICES COMPOUND TO ACCOMMODATE REDEVELOPMENT BY STIRLING DESIGN LIMITED PARTNERSHIP; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City Officials are authorized to execute an Access Easement to be conveyed to Stirling Design Limited Partnership to accommodate redevelopment by Stirling Design Limited Partnership of property located on Stirling Road, adjacent to the City Public Services compound (Attached is Exhibit "1", Access Easement Agreement) Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on April 28, 2009. a, C'a'. ANNE CASTRO p�ypRWS ryOR-COMMISSIONER ATTEST: QZGC, 1 LOUISE STILSON, CMC l CITY CLERK g7ED APPROVED AST FO AND CORRECTNESS: TH S J. A SB O CITY ATT RNEY INSTR#108757753 OR BK 46407 Pages 1143-1152 RECORDED 07/27/0912:20:51 BROWARD COUNTY COMMISSION DEPUTY CLERK 1922 #4,10 Pages ACCESS EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that CITY OF DANIA BEACH, a Florida municipal corporation, whose address is 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, hereinafter referred to as "Grantor", for valuable consideration, does hereby grant unto STIRLING DESIGN LIMITED PARTNERSHIP, a Florida limited partnership, whose address is 3300 North Federal Highway, Suite 250, Fort Lauderdale, Florida 33306, hereinafter referred to as "Grantee", an access easement, as hereinafter provided: WITNESETH: WHEREAS, Grantor is the owner of certain real property located in Broward County, Florida, as more fully described in Exhibit A attached hereto and made a part hereof, and hereinafter referred to as 'Basement Parcel"; and WHEREAS, Grantee is the owner of certain real property located in Broward County, Florida, as more fully described in Exhibit B attached hereto and made a part hereof, and hereinafter referred to as "Benefitted Parcel; and WHEREAS, Grantee has requested that Grantor convey to Grantee, and Grantor has agreed to convey to Grantee, an Access Easement over, through and across the Easement Parcel subject to the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor, on behalf of itself, its successors and assigns, and Grantee, by acceptance of rights and benefits contained herein, on behalf of itself, its successors and assigns, intending to be legally bound, hereby agree as follows: A. GRANT OF EASEMENT. Grantor, solely for the benefit of the Benefitted Parcel, hereby grants to Grantee, a 1 O nonexclusive right, privilege and easement(subject to the provisions of paragraph B hereof) for the limited purpose of pedestrian and vehicular ingress, egress, and regress to and from the Benefitted Parcel over, across and through the Easement Parcel, and for no other purpose. B. GRANTEE'S RIGHT OF USE AND CONDITIONS OF EASEMENT PARCEL. This Access Easement is granted expressly subject to, and Grantee, on behalf of itself,by its use and enjoyment hereof, agrees to be bound by and to the terms and conditions hereof,to wit: 1. Grantee may construct, operate and maintain thereon, driveways, curbs, pedestrian walkways, facilities for motor vehicle parking, landscape improvements and to make such other use of the Easement Parcel not inconsistent with the rights and easements retained by Grantor. 2. Grantee acknowledges and warrants that the installation, construction, maintenance, repair and replacement of any improvements it places in the Easement Parcel shall be accomplished at no cost or expense to Grantor and Grantee shall, at its expense, be responsible for the entire expense of any such improvements. Grantee shall thereafter perform all necessary maintenance, repairs and replacement of such improvements at its sole expense. 3. Grantee shall furnish to Grantor a set of reproducible drawings which accurately depict any and all improvements located in the Easement Parcel within sixty (60)days of the completion of said improvements. 4. Grantee agrees to cooperate with Grantor in order to coordinate the timing of any installation, maintenance or repairs to improvements constructed within the Easement Parcel. 5. Grantee acknowledges that as the date of this Access Easement Agreement, Grantor has constructed and is maintaining water and sewer pipelines and appurtenances thereto in the Easement Parcel. 6. Grantor reserves unto itself and others claiming by, through or under Grantor,the unrestricted use of the Easement Parcel, including the right to construct, install, operate, inspect, maintain,repair and/or replace thereunder, sewer lines, water lines and such other underground utility services and to make such other use(s) of the Easement Parcel as are not inconsistent with the Access Easement granted herein. 7. Grantor reserves on behalf of itself, its successors and assigns,the right from time to time to relocate sewer lines, water lines and facilities for utility service to such other location(s) within the Easement Parcel as Grantor shall determine; provided, however,that Grantor shall provide Grantee no fewer than ninety (90)days prior written notice of any such relocation, and Grantor shall be responsible for all costs and expenses for the installation and relocation of said utilities. 2 8. In the event of such construction, installation, operation, inspection, maintenance, or relocation of water lines, sewer lines or other utilities, Grantor's sole obligation relating to improvements to the Easement Parcel made by the Grantee, shall be to promptly restore the subsurface and surface of the land to grade. Grantor shall not be responsible to restore, reconstruct or replace any of the improvements placed in the Easement Parcel by Grantee. Grantee expressly assumes full responsibility to repair, replace, patch, or repave any driveway, roadway or other improvement it has installed in the Easement Parcel. 9. Grantee shall protect, indemnify and defend and hold harmless Grantor and all others claiming by,through or under Grantor, from and against any and all claims for death of or injury to any person or damage to any property, or any action of any kind or nature which may arise out of or in connection with or by reason of Grantee's, its successors and assigns, agent's, employee's, contractor's or invitee's use of the easement rights granted herein, or by reason of the exercise by Grantee, its successors and assigns, agents, employees, contractors or invitees, of any right granted it hereunder. 10. Grantee shall make no claim or demand against Grantor for or on account of any conflict between Grantee's rights hereunder and any easement rights of any other party, private utility or public body. C. TERMINATION OF EASEMENT RIGHTS. Notwithstanding anything to the contrary contained herein above, this Access Easement shall continue for a term of three years from the date of execution of this Access Easement Agreement by all parties. In the event Grantee abandons or ceases to use the Access Easement for a period in excess of one (1)year, the Access Easement shall automatically terminate. If requested by Grantor, Grantee covenants and agrees to promptly execute and deliver such documents as may be deemed necessary by Grantor to further evidence the termination of this Access Easement. D. ASSIGNMENT The rights granted by Grantor to Grantee in this Access Easement Agreement are solely for the benefit of Grantee. This Access Easement Agreement, or any interest herein, shall not be assigned, transferred or otherwise conveyed under any circumstances by Grantee without the prior written consent of Grantor. Grantor and Grantee acknowledge that the Benefitted Parcel is encumbered by a Mortgage from Grantee in favor of American National Bank, hereinafter referred to as "Mortgage", as more fully set forth in the Joinder and Consent of American National Bank which is a part hereof. Notwithstanding the assignment restrictions contained in the preceding paragraph, in the event Grantee defaults under the terms of the Mortgage and American National Bank initiates legal proceedings to foreclose the Mortgage, or takes back a deed in lieu of foreclosure, or otherwise acquires the property from the Grantor, the rights and privileges for use of the Benefited Parcel by virtue of this Access Easement Agreement may be exercised by 3 American National Bank, or the purchaser of the Benefitted Parcel at the foreclosure sale, including American National Bank. The purchaser of the Benefitted Parcel at such foreclosure sale shall be subject to all of the restrictions and conditions of this Access Easement Agreement. E. BINDING EFFECT OF ACCESS EASEMENT Grantor hereby covenants that it is lawfully seized of the Easement Parcel in fee simple and that it has good right and lawful authority to convey the Access Easement established hereby. Except as provided above,this Access Easement shall run with the land and be binding upon all subsequent owners of the Easement Parcel. This Access Easement may be released by the Grantee to the Owners of the Easement Parcel. F. INDEMNIFICATION. Grantee shall indemnify and save harmless and defend Grantor, its agents, servants, and employees from and against any claim, demand, cause of action or proceeding of whatsoever kind or nature arising out of error, omission or negligent act of Grantee, its agents, servants or employees relating to the use, maintenance, operation or other activity of the Benefitted Parcel, together with all costs, expenses, and liabilities incurred in connection with each such claim or demand or action or proceeding or including, but not limited to, all reasonable attorney's fees to and through appellate, supplemental and bankruptcy proceedings. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. 4 IN WITNESS WHEREOF, Grantor has caused this Access Easement Agreement to be executed under proper authority as of this day of SUL 2009. Witnesses: CITY OF DANIA BEACH, a Florida Municipal corporation P T Name: Qom" C� �n� ff ANNE CASTRO I P C &d, MAYOR-COMMISSIONER PRINT Name: O[v6I ATTEST: v/�Q Is LOUISE S ILSON, CMC CITY CLERK G 1�y If 01� STATE OF FLORIDA ate ' COUNTY OF BROWARD -rh I hereby certify that on the tajZday of J(4 A.D., 2009, before me personally appeared ANNE CASTRO and LOUISE STILSON, NPayor and Clerk of the CITY OF DANIA BEACH, respectively, a municipal corporation, under the laws of the State of Florida, to me known to be the persons described and who executed the foregoing Access Easement Agreement and severally acknowledged the execution thereof to be their free act and deed as such officers, for the uses and purposes therein mentioned, and that they affixed thereto the official seal of the City ,and said instrument is the act and deed of the City. WITNESS my hand and official seal at Dania Beach in the County of Broward, State of Florida. NI r `licIic Commission My Co Expires: Md"Pubk VAft of FWft iMnOY 6 NMtOn j My Co wh*=ODM2510 EXPNU 06N 500 5 IN WITNESS WHEREOF, Grantee has caused this Access Easement Agreement to be executed under proper authority as of this day of 2009. Witnesses: STIRLING DESIGN LIMITED PARTNERSHIP, a Florida limited partnership - M "u., &W . - PRINT Name: I f I HL LU By: STIRLING DESIGN MANAGEMENT CORPORA ON, a Florid orporation, its sole Gener er P NaL C B me: L/A�IfLYE i STATE OF FLORIDA COUNTY OF I hereby certify that on the day ofAf7aywI:ed:gments, A.D., 2009, before me an o rcer duly authorized to administer oaths and personally appeared MOj 1{ Nc�L, known to me to be t of STIRLING DESIGN MANAGEMENT CORPORATION, a Florida corporation,the sole General Partner of STIRLING DESIGN LIMITED PARTNERSHIP, a Florida limited partnership, the corporation in whose name the foregoing instrument was executed, and that he acknowledged executing the same for such corporation, freely and voluntarily, under authority duly vested in him by said corporatio , and that I lied upon the following form of identification of the above-named person: I I r4 DL/ C and that no oath was taken. // WITNESS my hand and official seal at AA—AA the County of State of Florida. Notary Public M�tERiEID My Commission Expires: RMYCUMION#Do 598o01 EXPIRES ONOW20,2010 Barpea7M,No ptkptkjWEammen 6 DGSCR:IPTION: ALL THAT PORTION OF THE FAST 30.00 FEET OF THE NORTH 400.00 FEET OF THE EAST I/Z OF THE NW I/4 OF THE NE I/4 OF THE NEI/4 OF SECTION 4,TOWNSHIP 51 SOUTH. RANGE 42 EAST, LYING 50UTH OF THk SOUTHERLY RIGHT Of WAY LINE OF STIRLING ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 9 1`07, PAGE 34G OF THE PUBUC RECORDS OF BROWARD COUNTY, F10RJDA,TOGGRIER WITH THE SOUTH 30.00 FEET OF THE NORTH 430.00 FELT OF THE FAST 1/2 OF THE NW I/4 OF THE NE 1/4 OF THE NL 114 OF SECTION 4,TOWNSHIP 5) SOUTH, RANGE 42 EAST, SAID LANDS SMJATf IN THE CRY OF DANIA, BP AWARD COUNTY, FLORIDA. 14 ' NORTH LINE NW1/4 NE1/4 i E1/4 SECTION 4-51-42 8755'38"E' _... - 51IRLING ROAD — �T 150, _' _'T3a in 154.94' m . 9107, +54.97, 0 O.R.B. I >n Ati ri WEST 150' R EAST 3 0 Q I Pdew \ I OOQ 41 Z � z rl W -F, z O FgQ v a -a EAST 1/2 OF THE NW 1/4 m w If) S OF THE 'NE 1/4 OP THE NE c Wz -a 1/4 OF SECTION 4-51-42 '° W I M1 0z wg (13 3. m 6 o i I R J 3(Y O.R.6. 1314C,FADE G44,5.C,k p dr. _. ACMGE QCMC L e AP.D OF BPOWAVO CcliNTY NOTES LEGEND i) SKETCM ONLY,NOT 5URVEYED. B.C.R -BRf7WARD GWMY RpCORDS �9�cune 2) IAND5 SHOWN HER!ON WERE NOT AB5TRACED FOR RIGHT-OF-WAY AND/OR ,O,R.B: • -OPFlCIAL RECOKD5 COOK CA9lMIJJ75 OF REWRD. .•FEAT B00A R.uxo xn 3) NORTH ARROW RELATIV!TO ASSUMED EAST ALONG THE NORTH UNE OF PG, .PACE THE MW 1/4 NE 1/4 NE 1/4 OF 5ECTION 4-51.42. xRVMOR mo n.+r•u SKETCH & GIB85 LAND SURVEYORS DESCRIPTION a� — 2131 NOLIXMODo eoVLeVAKD.WTC E04 . .�— A PROFes51 NM CU4k+bRTMc "o YWOW.1'L J30d0 JVMl 023.7c Yi nL W RK.191RAM)N ::AS7 ', 11cEN9[D WQNC09 NO.7010 Exhibit "A" EASEMENT PARCEL ALL THAT PORTION OF THE EAST 30.00 FEET OF THENORTH400.00 FEET OF THE EAST ONE-HALF (E 1/2) OF THE NORTHWEST ONE-QUARTER(NW 1/4) OF THE NORTHEAST ONE-QUARTER(NE 1/4) OF THE NORTHEAST ONE-QUARTER(NE 1/4) OF SECTION 4, TOWNSHIP 51 SOUTH, RANGE 42 EAST, LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF STIRLING ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 9107, PAGE 346, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; TOGETHER WITH THE SOUTH 30.00 FEET OF THE NORTH 430.00 FEET OF THE EAST ONE-HALF (E 1/2) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE V4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 4, TOWNSHIP 51 SOUTH, RANGE 42 EAST. SAID LANDS SITUATE IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. 7 Exhibit "B" BENEFITTED PARCEL THE NORTH 400 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, LESS THE WEST 150 FEET THEREOF, THE NORTH 35 THEREOF, AND THE EAST 30 FEET THEREOF, IN SECTION 4, TOWNSHIP 51 SOUTH, RANGE 42 EAST, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. LESS THE FOLLOWING PORTION THEREOF: BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL, THENCE NORTH 87 DEGREES 55 MINUTES 38 SECONDS EAST ON AN ASSUMED BEARING ALONG THE NORTH LINE OF SAID DESCRIBED PARCEL AND ALONG THE SOUTH RIGHT-OF-WAY LINE OF STIRLING ROAD, A DISTANCE OF 154.94 FEET; THENCE SOUTH 01 DEGREE 24 MINUTES 58 SECONDS EAST, ALONG THE EAST LINE OF THE SAID DESCRIBED PARCEL A DISTANCE OF 13.58 FEET; THENCE SOUTH 87 DEGREES 07 MINUTES 10 SECONDS WEST A DISTANCE OF 154.97 FEET; THENCE NORTH 01 DEGREE 25 MINUTES 27 SECONDS WEST ALONG THE WEST LINE OF THE SAID DESCRIBED PARCEL A DISTANCE OF 15.76 FEET TO THE POINT OF BEGINNING. 8 JOINDER AND CONSENT OF AMERICAN NATIONAL BANK BY EXECUTION HEREOF, the undersigned mortgagee, AMERICAN NATIONAL BANK, a National Banking Association, the holder of the Mortgages from STIRLING DESIGN LIMITED PARTNERSHIP., a Florida limited partnership, dated September 1, 2005, recorded September 8, 2005 in Official Records Book 40459, Page 1112, of the Public Records of Broward County, Florida, as amended, and Mortgage dated July 27, 2007, recorded August 7, 2007, in Official Records Book 44440, Page 1374, of the Public Records of Broward County, Florida, as amended, which Mortgages encumber the Benefitted Parcel described herein, hereby joins and consents to and the above described Access Easement Agreement. IN WITNESS WHEREOF, AMERICAN NATIONAL BANK, has caused this Joinder and Consent to be executed in its name, this day of Jam,, 12009. Signed, Sealed and Delivered MORTGAGEE: in oyi Pnce: AMERICAN NATIONAL BANK, a National anking Association 4301 No ederal Highway Witness Print Name: Gl ri 5D1 Cl' Oakland F By: 3330 Witness Print Name: /s/i r-S 1 2 p STATE OF FLORIDA ) COUNTY OF BROWARD ) I hereby certify that on the �_tom_ day of 2009, before me personally appeared P e)& To, M1eC�HC'k.��, the wZ 1_)I rF 9"S,b&JMf AMERICAN NATIONAL BANK,N ional Banking Association to me known to be the person described in and who executed the foregoing instrument and he/she acknowledged the execution thereof to be his/her free act and deed as such officer, for the uses and purposes therein mentioned, and said instrument is the act and deed of AMERICAN NATIONAL BANK. WITNESS my hand and official seal in the County and State last aforesaid this day of hZ�E , 2009. 'Notary Publid My Commission Expires: NOTAxY MUCdTATJ Of VO MA 10 Carolyn Ivanov Commission*DD815490 , /Expires: SEP.08,2012 BaroEDmmATUIMCBM'NO 0.M