HomeMy WebLinkAboutResolution 2001-32 f
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RESOLUTION NO. 2001-32
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A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; DEDICATION OF A PUBLIC BEACH ACCESS
1 EASEMENT FROM SOLANA DEVELOPMENT INC., AND CAPE CARIBE,
' INC.; AND PROVIDING FOR AN EFFECTIVE DATE.
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N WHEREAS, Solana Development, Inc., and Cape Caribe, Inc. have agreed to
the dedication of a beach access easement on the subject property, Tying in Section -
I U --4 14, Township 24 South, Range 37 East, Brevard County, Florida, being more -
_ particularly described in Exhibit A -1; and
WHEREAS, the City of Cape Canaveral Planning and Zoning Board at a
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d meeting on July 25, 2001 made the recommendation that the City Council approve the
five -foot easement for general public beach access as depicted on the approved site
plan.
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.Q U NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape .
ir Canaveral, Florida, as follows:
SECTION 1. The City hereby accepts the dedication of an easement signed by
an agreement with Solana Development Inc., Cape Caribe, Inc. in the documents
attached hereto as Exhibit "A ", and incorporated hereby by reference.
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SECTION 2. This Resolution shall take effect upon adoption.
i ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th
day of September, 2001.
C — c., c:_, CR•ctja.X.__..
- �'� Rocky Ran Is, MAYOR
iEST " ` f ` � FOR AGAINST
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y.- = _ ° Burt Bruns X
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• '6,0 ' s ,* OITY L _ : Buzz Petsos X
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Rocky Randels X
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Richard Treverton Second w
APPROVED AS TO FORM:
Larry Weber Motion
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02:42
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Kohn .enne'�� ATTORNEY CFN 2 001208782 09 -282 °°
OR BookrPage: 4429 / 1941
\ \Cape- nt \cityclerk\CityClk \Resolutions \EASEMENT\Cape Canbe.doc
Scott Ellis
Clerk Of Courts, Brevard County
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Prepared
EINNERN
C rtisR. Mosley, Esq. return to: 09 28'2001 02:42 pm
CFN:20012087
Mosley, Wallis & Whitehead, P.A. OR Book/Page:
1221 E. New Haven Avenue 4429 / 1942 Ellis
Melbourne, FL 32901 Scott
Of r, Bre County
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BEACH ACCESS EASEMENT AGREEMENT 0 IntTax: 0.00
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THIS BEACH ACCESS EASEMENT AGREEMENT (the "EASEMENT AGREEMENT ") is made
and entered into this ,g day of , 2001, by and between SOLANA
DEVELOPMENT, INC., a Florida corporation, and CAPE CARIBE, INC., a Florida corporation,
both of which corporations addresses are 710 North Plankinton Avenue, Suite 1200,
Milwaukee, Wisconsin 53203 (collectively the "GRANTORS "), and THE CITY OF CAPE
CANAVERAL, FLORIDA, whose address is 105 Polk Avenue, Cape Canaveral, Florida
32920 (the "GRANTEE ").
WITNESSETH:
WHEREAS, the GRANTORS are the owners, each of a portion of all of the lands
located in Cape Canaveral, Brevard County, Florida, depicted on the attached Exhibit A
sheet 1 of 2 and described on the attached Exhibit A sheet 2 of 2; and
WHEREAS, the GRANTORS have agreed to grant to the GRANTEE a non - exclusive
5 -foot wide easement for purposes of allowing pedestrian access along and over the
lands depicted and described on Exhibits A sheet 1 of 2 and A sheet 2 of 2 (the "BEACH
ACCESS EASEMENT AREA" or "EASEMENT AREA "), which shall run along the northern
boundary of other adjacent lands owned by GRANTORS (the "GRANTORS' LANDS ") to and
from the beach on the Atlantic Ocean;
Now, THEREFORE, for good, valuable and sufficient consideration, receipt of
which is acknowledged by the parties hereto, including but not limited to the covenants
herein contained, it is agreed as follows:
1. Recitals as Covenants. The foregoing recitals are true and are incorporated
herein by reference as covenants of this EASEMENT AGREEMENT.
2. Grant of Easement. The GRANTORS hereby give, grant, bargain and assign to the
GRANTEE a permanent and perpetual non - exclusive easement for pedestrian
traffic purposes for ingress and egress on foot, by bicycle or wheelchair, but not
by any motorized bicycle or other vehicle, other than a motorized wheelchair, in,
to, upon and over the BEACH ACCESS EASEMENT AREA to and from the beach on
the Atlantic Ocean.
3. Construction Upon and Improvement of the BEACH ACCESS EASEMENT AREA. The
GRANTORS will, at its sole cost, construct a pedestrian path over the BEACH
ACCESS EASEMENT AREA. The path shall be constructed of concrete, except for
the dune crossover which shall be constructed of wood.
4. Fencing of BEACH ACCESS EASEMENT AREA The GRANTORS will construct fencing
along all of the southern boundary of the BEACH ACCESS EASEMENT AREA The
type, material, manufacturer, style, color and size of the fencing to be erected by
the GRANTORS shall be determined by the GRANTORS in their sole discretion.
5. Maintenance of Improvements. The GRANTEE shall at all times maintain in good
condition and repair all improvements that the GRANTORS construct upon and
along the BEACH ACCESS EASEMENT AREA
6. GRANTORS' Rights to Peaceful Eniovment of GRANTORS' Lands. The GRANTEE
agrees at all times to exercise best efforts to insure that the public's use of the
BEACH ACCESS EASEMENT AREA does not interfere with or impair in any adverse
manner the use and enjoyment by the GRANTORS, their guests, invitees,
successors and assigns of any of the GRANTORS' LANDS located adjacent to and
south of the BEACH ACCESS EASEMENT AREA.
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7. GRANTEE'S Agreement of Indemnification. The GRANTEE hereby agrees to
indemnify, defend and hold the GRANTORS and their successors and assigns (the
"INDEMNIFIED PARTIES ") harmless from and to defend INDEMNIFIED PARTIES with
respect to any claims or causes of action alleged or brought against the
INDEMNIFIED PARTIES by any third parties as a result of any injury, death or
property damage or loss incurred or alleged to have been incurred by such third
party as a result of the GRANTEE'S failure to properly maintain the BEACH ACCESS
EASEMENT AREA. Such indemnification shall include the payment of all
reasonable attorneys' fees, costs and expenses, and any judgments that may be
rendered against the INDEMNIFIED PARTIES.
8. Mortgage Or Deed of Trust on BEACH ACCESS EASEMENT AREA. Any mortgage or
deed of trust placed on the BEACH ACCESS EASEMENT AREA by GRANTORS shall be
subordinated to the easement interests of the GRANTEE herein granted by
GRANTORS. The GRANTEE acknowledges and agrees that the grant of this
EASEMENT AGREEMENT is subject to any currently existing easements or
restrictions of record on the BEACH ACCESS EASEMENT AREA.
9. Benefit. The EASEMENT AGREEMENT shall be binding upon and inure to the
benefit of the parties hereto, their heirs, estates, personal representatives,
trustees, successors and assigns.
10. Covenant Running with the Land. The EASEMENT AGREEMENT shall be deemed a
covenant running with the land for the use and benefit of all of persons and
entities described in Paragraph 9 above.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the
date first written above.
SIGNED, SEALED AND DELIVERED GRANTORS:
IN - PRESENCE
SOLANA DEVELOPMENT, INC., a Florida
/ ... C� corporation
Pr�Name' BO Cu- 0 W , „ ��
i By
.,
A_ ..��� n R. Grandlich, Vice President
Pri,►h /WCy� i /,4 /
e • CAPE CARIBE, INC., a Florida corporation
Print Name: OT b . •L /% ��
By ##'
Andrew Paarmusz, V,Wsident
Print me: lkt:A.
GRANTEE:
/11111(L
P ' • ame: iL ; 43 0.--e THE CITY OF CAPE CANAVERAL
A
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Print Name: PJA 5 ,4.5
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- [JBY3385:091201:R#2]
1111 11111/1111
CFN:20012087
OR . Book/Page* 4429 / 1943
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STATE OF \c C\c \Q. )
) ss.
COUNTY OFIce vcLjc' ) 1
} The foregoing instrument was acknowledged before me this \ day of
Se6exel\nn•e , 2001, by John R. Grandlich, Vice President of Solana Development,
Inc., a Florida corporation, on behalf of the corporation who is personally known to me.
A i.r) )0t.ta 4.0
N ARY
My commission expires:
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STATE OF C\oC ) ,.t 14 Jennifer Kay Kool
) SS. VICommisslon # DD 051371 COUNTY OF e'aI ( \ ) � � T
'.4 o Atlantic Bonding Co., Inc.
The foregoing instrument was acknowledged before me this \ ---) J day of
q\e.m10ti' , 2001, by Andrew P. Jarmusz, Vice President of Cape Caribe, Inc., a
Florida corporation, on behalf of the corporation who i &n -rally known to me
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N AR
My commission expires:
= STATE OF FLORIDA ) ,���rv�1, Jennifer Kay Rool
) SS. ao { : Commission #DD061371
A Lt.: 9, am
COU NTY OF BREVARD ) sty'. , Aug. " :
Atlantic Bon Co„ Inc
The foregoing instrum nt was acknowledged before me this / 9 day of
20 01, by ,& e Z y �,de /� , as a- y ,,Q of The
‘ 'le ,. 6 �r /�
City of Cape Canaveral, on behalf of the City who is personal Itnown to me .or -has
pfedueed
NOTARY h
STILLS My commission ex•ires:
CFN:2001208783 , t MY COM # DD 012391
OR Book/Page: 4429 { 19 ,. EXPIRES: March 27, 2005
44 i i ; }\ Bonded Thru Notary Pubes Underwriters
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SKETCH TO ACCOMPANY DESCRIPTION
BEACH ACCESS EASEMENT
NOT A BOUNDARY SURVEY
EXHIBIT A
SHEET 1 OF 2
N. LINE OF N.E. 1/4 OF SECTION 14 POINT OF BEGINNING
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N. LINE OF N.W. 1/4 OF SECTION 14
N.W. CORNER OF GOVT LOT 1
N.89'43'3471 N.89'45'43 E N 89'45 4 ,"E
2,639.94' 703.33' ` 615x.82
N. 1/4 CORNER ' * 1 S 89'45'43»W
SECTION 14 CR ti� p 613 f3
OF SEC -
a ^ O O JETTY PARK
4 4 h ci (BREVARD COUNTY)
Q* e N f— W. LINE GOVT LOT 1
PO /NT OF COMMENCEMENT - 5.0' B
N.W. CORNER OF SECTION 14 _ SUBJECT PARCEL
i I F ki 0.27 ACRES ±
CAPE CAR /BE O O
3 (TOWNE REALTY) N N
O O
vi
N.89'45'43' :�
fi
j 1,466.47
0 , 5.89'45'43 -
N
1 T p 1,464.3 '
lv N
A 'Hill O
O
SHEET 1 OF 2 S.89'
PREPARED BY: SCALE' r=80' '
AIELE.N BBREI/IA110NS:
R 24D1 S U
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n ineerin Inc. II
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g g �F II
D —DELTA ANGLE
N •2 0 0 12 0 8 7 8 3 O A ARC LENGTH R B o ok/P SURVEYORS — ENGINEERS age. 44
106 DIXIE LANE (P.O. BOX 321321)
COCOA BEACH, FLORIDA 32932 -1321
TELEPHONE: (321)783 -7443 FAX: (321)783 -5902
CERTIFICATE OF AUTHOR RATION # LB 266
3 SEE SHEET 2 OF 2 FOR DESCR /PT/ON,
2 SURVEYOR'S CERT/F/CAT/ON AND SURVEYOR'S NOTES.
1. CHNGD ESMT NAME & ADD EX. A 8/27/01 PREPARED AND CERTIFIED FOR:
DATE: 07 -13 -01 DRAWN BY KSC TOWNE REALTY
JOB NO. 980129 SCALE 1-=80'
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. DESCRIPTION
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BEACH ACCESS EASEMENT
NOT A BOUNDARY SURVEY
EXHIBIT A
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SHEET 2 OF 2
DESCRIPTION OF EASEMENT:
An eosement for Beach Access, lying in Section 14, Township 24 South, Range 37 East,
Brevard County, Florida, being more particularly described as follows:
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Commence at the Northwest corner of said Section 14; thence N89'43'34 E, along the North
line of the Northwest one - quarter of said Section 14, a distance of 2,639.94 feet, to the North one -
# quarter comer of said Section 14; thence N89'45 43 "E, along the North line of the Northeast
one - quarter of said Section 14, a distance of 703.33 feet, to the POINT OF BEGINNING of the
herein described easement; thence continue, N89'45 43 "E, along the North line of the
Northeast one - quarter of said Section 14, a distance of 615.82 feet, to the Northwest corner of
Govemment Lot 1 of said Section 14; thence SO 1'29 01 "E, along the West line of said
Govemment Lot 1, a distance of 260.06 feet; thence N89'4543 "E, a distance of 1,466.47 feet;
thence SOO "E, a distance of 42.00 feet; thence S89'45'43"W, a distance of 7.00 feet;
thence N00'14'17"W, a distance of 3Z00 feet; thence S89'45'43"W, a distance of
1,464.36 feet; thence NO129'O1 "W, a distance of 260.06 feet; thence S89'45'43"W, a
distance of 613.13 feet, to o point of intersection with a non - tangent curve, concave Southeasterly,
having a radius of 33.00 feet and a central angle of 09'29'28"; thence Northeasterly, along the
arc of said curve to the right, a distance of 5.47 feet (said arc subtended by o chord bearing
N23'27'20 "E, a distance of 5.46 feet), to the POINT OF BEGINNING ;; Containing 0.27 acres,
more or less.
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SURVEYOR'S NOTES: OR Book/Page: 2001208783
4429 / 1946
1. THIS IS NOT A SURVEY.
2. The bearings shown are based along the North line of the Northwest one - quarter
of Section 14, bearing N89'43 34 E
3. • Denotes a change in direction (no corner found or set).
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SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION.
SHEET 2 OF 2 SURVEYOR'S CERIIACATION:
PREPARED BY: I hereby certify that the attached Property Description was prepared
under my direction, in accordance with all applicable requirements of
LLEN the "Minimum Technical Standards," for land surveying in the State of
Florida, described in Chapter 61G17 -6, Florida Administrative Code,
gineering, Inc. pursuant to Chapter 472.027, Florida Statutes.
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SURVEYORS - ENGINEERS ALL �� ERl C.
108 DIXIE LANE (P.O. BOX 321321)
COCOA BEACH, FLORIDA 32932 -1321 "(IC
TELEPHONE: (321)783 -7443 FAX (321)783 -5902
Not valid without the signature '0: RT / LMON
CERTIFICATE OF AUTHORIZATION # LB 266 and the original raised seal of a PROFESS SURVEYOR &
fiorida licensed surveyor and mapper. PER
3. FLORID EGISTR4T10N No. 4262
2. PREPARED AND CERTIFIED FOR:
1 1. CHNGD ESMT NAME & ADD EX . A 8/27/01 TOWNE REALTY
JOB NO. 980129 I DATE: 07 -13 -01