HomeMy WebLinkAboutR-2017-028 Olympus Easement RESOLUTION NO. 2017-028
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, ACCEPTING AN EASEMENT FROM OLYMPUS
MANAGEMENT LLC, A FLORIDA LIMITED LIABILITY COMPANY (THE
"GRANTOR") FOR THE BENEFIT OF THE CITY OF DANIA BEACH,
FLORIDA (THE"GRANTEE") AND THE REAL PROPERTY DESCRIBED IN
EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Grantor, Olympus Management LLC, is the fee simple owner of certain real
property located in Broward County, Florida, more particularly described in Exhibit "A", a copy
of which is attached and made a part of this Resolution(the "Olympus Parcel"); and
WHEREAS, Grantor has agreed to grant the City of Dania Beach as Grantee, an easement
in, over, upon, across and through that certain portion of the Olympus Parcel, as more
particularly described in Exhibit `B", a copy of which is attached and made a part of this
Resolution (the "Easement Area"), which easement shall be recorded in the Public Records of
Broward County, Florida, a copy of which is attached as Exhibit "C" and made a part of this
Resolution (the "Basement"); and
WHEREAS, the Easement is intended for ingress and egress to the Olympus Parcel and
for public use in, over, upon, across and through the Olympus Parcel, with full rights and
authority of the City to enter upon and excavate the Easement Area in order to install, construct,
operate, relocate, replace, improve, remove, inspect, repair and maintain parking facilities as the
City as Grantee shall, in its sole discretion,determine; and
WHEREAS, the Easement provides certain rights to the City and places certain
restrictions on the Grantor.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the City Commission approves and accepts the Easement from the
Grantor for ingress and egress and for public use in, over, upon, across and through that certain
specific portion of the Olympus Parcel as described in the Easement, with full rights and authority
of the City to enter upon and excavate the Easement Area in order to install, construct, operate,
relocate, replace, improve, remove, inspect, repair and maintain parking facilities as the City as
Grantee shall,in its sole discretion,determine.
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are repealed to the extent of such conflict.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 March 28, 2017.
ATTEST: `s F�Rsr
LOUISE STILSON, CMC AMA RA JAMV
CITY CLERK MAYOR
o�
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APPROVED A O RM AND CORRECTNESS:
THOMAS J. SB
CITY ATTO lei
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EXHIBIT A
OLYMPUS PARCEL
Lot 13, less the East 8 feet thereof, and Lot 14, less the East 8 feet thereof, and all of Lots 15 and
16, in Block A, of PARK HILL AMENDED, according to the Plat thereof, recorded in Plat Book
1, Page 163, of the Public Records of Miami-Dade County, Florida; said lands situate, lying and
being in Broward County, Florida.
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EXHIBIT "B"
EASEMENT AREA
A POR71ON OF LOT 14, LESS THE EAST 8 FEET THEREOF, AND LOT 15,
BLOCK A, OF "PARK HILL AMENDED', ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 1, PAGE 163, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN
BROWARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING TO THE SOUTHWEST CORNER OF SAID LOT 15;
THENCE N.00'40'34"W., ALONG THE WEST LINE OF SAID LOT 15 FOR A
DISTANCE OF 3.00';
THENCE N.89'18'24"E., FOR A DISTANCE OF 149.00';
THENCE S.00'41'36"E., FOR A DISTANCE OF 3.00';
THENCE S.89'18'24"W., ALONG THE SOUTH LINE OF SAID LOTS 14 AND 15
FOR A DISTANCE OF 149.00' TO THE POINT OF BEGINNING.
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EXHIBIT "C"
EASEMENT
This instrument was prepared by
Record and return to:
Eduardo M. Soto, Esq.
Weiss Serota Helfman Cole & Bierman, PL
2525 Ponce de Leon Boulevard, Suite 700
Coral Gables, Florida 33134
Folio Number: 51-42-03-02-0100
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT(the"Easement") is made this day of
2016 by and between Olympus Management LLC, a Florida limited liability company
("Grantor"),whose address is , and the CITY OF DANIA
BEACH, a municipal corporation of the State of Florida, whose address is 100 W. Dania Beach Blvd.,
Dania Beach,Florida 33004 ("Grantee").
RECITALS:
WHEREAS,Grantor is the fee simple owner of certain real property located in Broward County,
Florida, more particularly described on Exhibit "A" attached hereto and made a part hereof (the
"Olympus Parcel'); and
WHEREAS, Grantor has agreed to grant to Grantee certain easements over, across, and under
portions of the Olympus Parcel.
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 Grantee and Grantor agree as follows:
1. Recitals. The parties acknowledge that the foregoing recitals are true and correct
and hereby incorporated into this Easement as if fully set forth herein.
2. Access Easement. Grantor does hereby grant and convey to Grantee and its successors
and assigns, a perpetual non-exclusive easement for ingress and egress and for public use in, over, upon,
across and through that certain portion of the Olympus Parcel more particularly described on Exhibit`B"
attached hereto and made a part hereof(the "Easement Area")with full rights and authority to enter upon
and excavate the Easement Area in order to install, construct, operate, relocate, replace, improve, remove,
inspect,repair and maintain parking facilities as the Grantee shall,in its sole discretion,determine.
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3. Public Access. Grantor expressly acknowledges and agrees that general public shall
have the right to use the Easement Area for pedestrian ingress and egress.
4. Maintenance of Easement Areas. Grantor 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.
5. No Obstruction of Traffic. Grantor shall not cause or permit any obstruction to the free
flow of pedestrian traffic or use of the easement rights granted herein,without the prior written consent of
Grantee.
6. Covenants Running with the Land. It is intended that the easements, covenants,
conditions, restrictions, rights and obligations set forth herein shall run with the Olympus Parcel and
create equitable servitudes in favor of the real property benefited thereby, and shall bind every person
having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties
and their successors, assigns,heirs and personal representatives.
7. Attorneys' Fees. In the event a party institutes any legal action or proceedings for the
enforcement of any right or obligation herein contained, the prevailing party shall be entitled to recover
its cost and reasonable attorneys' fees incurred in the preparation and prosecution of such action or
proceeding.
8. Severability. Each provision of this Easement and the application thereof are hereby
declared to be independent of and severable from the remainder of this Easement. If any provision
contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such
holding shall not affect the validity or enforceability of the remainder of this Easement.
9. Amendment or Termination. This Agreement may be amended, modified or
terminated only by a written instrument signed by both parties or their respective successors and assigns,
which instrument will only become effective be recorded in the Public Records of Broward County,
Florida.
10. Governing Laws. The laws of the State of Florida shall govern the interpretation,
validity, performance and enforcement of this Easement. Venue for any action brought hereunder shall
be proper exclusively in Broward County,Florida.
11. 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
Grantee.
12. Waiver. No express or implied consent or waiver by a party to or of any breach or
default by the other party in the performance by such other party of its obligations under this Easement
will be deemed or construed to be a consent or waiver to or of any other breach or default in the
performance by such other party of the same or any other obligations of such other party hereunder.
Failure by a party to complain of any act or failure to act of the other party or to declare the other party in
default, irrespective of how long such failure continues will not constitute a waiver by such party of its
rights hereunder. The giving of consent by a party in any one instance will not limit or waive the
necessity to obtain such party's consent in any future instance.
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13. Authority to Execute. Grantor warrants and represents to Grantee that the individuals
signing this Easement on behalf of Grantor have full power and authority to execute and deliver the
Easement and to bind Grantor.
[Remainder of page intentionally left blank]
IN WITNESS WHEREOF, Grantor has executed this Easement the day and year first above
written.
GRANTOR:
WITNESS: Olympus Management LLC, a Florida limited
liability company
Print Name:
By:
Name:
Print Name: Its:
STATE OF )
SS:
COUNTY OF )
The foregoing Instrument was acknowledged before me this day of
2016,by ,as of Olympus Management
LLC,a Florida limited liability company who(check one) [ ] is personally known to me or[ ] has produced
as identification.
Notary Public
Print Name:
My commission expires:
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GRANTEE:
CITY OF DANIA BEACH, a municipal
corporation of the State of Florida
Print Name:
By:
Name:
Print Name: Its:
ATTEST:
Date of execution: _, 2016
Louise Stilson, City Clerk
Approved as to form and correctness:
By:
Thomas J.Ansbro,City Attorney
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CONSENT OF MORTGAGEE
The undersigned, being a mortgagee of the following described property under that certain Mortgage filed
August 13, 2015, under Official Records Instrument Number 11317159, in the Public Records of Broward
County:
Lot 13, less the East 8 feet thereof, and Lot 14, less the East 8 feet thereof, and all of Lots 15
and 16, in Block A, of PARK HILL AMENDED, according to the Plat thereof, recorded in
Plat Book 1, Page 163, of the Public Records of Miami-Dade County, Florida; said lands
situate, lying and being in Broward County,Florida.
does hereby acknowledge that the terms of the Easement are and shall be binding upon the undersigned and
its successors in title. Nothing contained herein shall be construed as Mortgagee waiving any rights afforded
to it by the Mortgage,or the documents evidencing the same.
Witnesses: TOTALBANK,a Florida banking
corporation
By:
Printed name:
Printed title:
STATE OF FLORIDA
COUNTY OF MIANII-DADE
known to me, acknowledges in my presence in
Miami-Dade County, Florida, on , 2016, that he/she executed the foregoing
instrument voluntarily. is [ ] personally known to me [ ] or
produced identification in the form of , and
acknowledges that he/she executed the same for the purposes herein.
IN WITNESS WHEREOF,I have hereunto set my hand and seal in the County and State last aforesaid,this
day of 2016.
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