Utility Easement Agreement with Bella Isla, LLC •
22.q 3
This instrument prepared by:
Name: Gisela Nanson Torres_
Senior Assistant City Attorney
Address: Office of the City Attorney
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
•
(Space reserved for Clerk)
UTILITY EASEMENT AGREEMENT
THIS GRANT OF A UTILITY EASEMENT AGREEMENT (the "Agreement") is made this.
2.0 day of Dec. N. a 2022.("Effective Date"), between BELLA ISLA, LLC, a Florida
limited liability company, as owner and grantor, and its successors and assigns(hereinafter called
"Grantor").and the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of
Florida (the "City"), as grantee; and its successors and assigns(hereinafter called "Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner of that certain improved real property located within the
City's municipal jurisdiction, with a street address of 31 Venetian.Way, Miami Beach, FL 331,21.
and: more particularly described in EXHIBIT "A", attached hereto and made a part hereof (the
"Grantor's Property").
WHEREAS,in connection with a water and sewer project that will benefit Grantor's Prof,s-ty
and other surrounding properties, Grantor has agreed .to convey to the City a perpetual, t.Jn_
exclusive Easement (as. defined in Section 2 below) for the City to access, construct, instal',
operate, maintain, repair, replace. and.upgrade underground public water and sewer facilities
(collectively,the "City's Utilities.Infrastructure"); and
WHEREAS, on September 14, 2022, the Mayor and City Commission adopted Resolution
No. 2022-32293, authorizing the City Manager to accept this Easement (as defined in Section 2)
on the Grantor's Property.
NOW THEREFORE, for and in consideration of ten and no/100 dollars ($10.00) and other
good and valuable consideration,the receipt of which is acknowledged,the parties hereby mutually
covenant and agree as follows:
GRANT OF EASEMENT
1. Recitals. The above recitals are true and correct and are hereby incorporated into
this Agreement.
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2. Consideration and Description. the Grantor,for and in consideration of the City' :
Utilities Infrastructure, and other good and valuable consideration, the receipt and suhi:;ienuv of
which are hereby acknowledged, hereby grants to the Grantee, its licensees, agents, successors
and assigns a perpetual, non-exclusive easement(the "Easement') on, over, and under a portion
of Grantor's Property; as such property is more specifically described and delineated in i t.IyaPl I`y'
"B,r attached hereto and made a part hereof(the "Easement Area"), including riparian rights, to
access, construct, install, operate, maintain, repair, replace and upgrade the City's Utilities
Infrastructure, together with the non-exclusive right of ingress, egress and regress on, over and
through Grantor's Property for access to the Easement Area.
3. Uses.
3.1 The Grantee shall use the Easement and the Easement Area during the Term
provided herein for the express purposes provided:in Section 2 hereof, which will include, without
limitation, use of the'Easement Area for inspecting and performing work in connection with the
construction, installation, operation maintenance repairs and replacement of the City's Utilities
Infrastructure..Grantee may utilize.the Easement Area without Grantor's prior written approval at
any time or times.
3.2 The Grantor shall have the right to full use and enjoyment of Grantor's Property,
except for such use as may unreasonably interfere with the:exercise by the Grantee of the rights
granted under this Agreement. Grantor shall be prohibited from obstructing Grantee's access to,
or use of;the Easement Area.
4. Inspection. it is hereby agreed that any City official has the right, during normal
business hours,to enter and investigate the use of the Grantor's Property to'verify compliance with
the conditions of this Agreement and the requirements of the City's Building, Public Works, Zoning
and Land Development Regulations,
5. Term. The Easement and rights granted herein shall be perpetual and shall be
possessed and enjoyed by the Grantee,its successors and assigns;for the purposes stated herein.
6. Maintenance. At all times during the Term, the City's Utilities Infrastructure shall
remain property of the Grantee:and Grantee, at its sole cost and expense, shall maintain the City's
Utilities Infrastructure and shall make all repairs as deemed necessary by Grantee, in its
reasonable discretion; provided, however, that Grantor shall be responsible for reimbursing
Grantee for any damage caused by Grantor, its officers, employees, contractors, agents and
invitees. The maintenance, repair and replacement of any other attachments installed within the
Easement Area ("Third-Party Attachments"), excluding the City's Utilities infrastructure, shall b
the responsibility of the third party who installs the Third Party Attachments. In the event.the City
is required to perform repairs or improvements to the City's.Utilities Infrastructure, the City, at its
:sole cost,, shall be responsible for replacing/restoring any affected above ground landscape or
hardscape to existing conditions.
7. Notices. All notices, requests, consents and Other communications required
or permitted under this Agreement shall be in writing and shall.be.(as elected by the person giving
such notice) hand-delivered by messenger or courier service; or mailed (airmail, if international)
by registered or certified mail(postage prepaid), return receipt requested; or sent by any form of
overnight mail service, addressed to;
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AS TO GRANTOR: Bella Isla, LLC
do Euroamerican Group, Inc., Manager
Attention: President
407 Lincoln Rd, PH=N
Miami Beach, Florida 33139
AS TO GRANTEE: City of Miami Beach
Attn:City Manager
1700 Convention Center Drive, 41h Floor
Miami Beach, FL 33139
WITH COPIES TO: City of Miami Beach
Attn: City Attorney
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
Or to such other address as any party may designate by notice complying with the terms of this
Section. Each such notice shall be deemed delivered; (i) on the date delivered if by personal
delivery; (ii)on the date upon which the return receipt is signed or delivery is refused or the notice
is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (iii)
on the day after mailing by any form of overnight mail service. ,
8. Miscellaneous Terms and Conditions
8.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of
Grantee's Right of:sovereign immunity.
8.2 Construction. For purposes of construction by a Court, the parties hereto
acknowledge that both parties hereto participated in the drafting of this document.
8.3 City's Governmental Capacity/No Waiver of City Police Powers. Grantor confirms
that it has full power and autho rity to grant this Easement. Nothing in this Agreement or in the
parties' acts or omissions in connection herewith shall be deemed in any manner to waive,
impair, limit, or otherwise:affect the authority of the Grantee in the discharge of its police or
governmental powers.
8.4 Remedies. An action to enforce the terms and conditions of this Agreement may
be brought by the Grantee and may be, at law or in equity, against any party or person violating or
attempting to violate any provision of this Agreement, either to restrain violations or to recover
damages.
8.5 Successors and Assigns. This Agreement shall be binding upon, and inure to the
benefit of, Grantor and Grantee and their respective successors and assigns.
8.6 Entire.Agreement; Modifications, This Agreement sets forth the entire agreement
between the parties specifically relating to the subject matter of the Easement granted hereby and
there are no other agreements or understandings between them relating to Grantee's use of the
Easement Area. This Agreement may not be 'modified, released or terminated, except by
agreement in writing executed by the parties hereto or their respective successors and/or assigns,
and in the case of Grantee, approved by the Mayor and. City Commission of the City of Miami
Beach.
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A'
8.7 Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Florida, both substantive and remedial, without regard to
principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement
shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court for the Southern
District Of Florida, if in federal court.
8.8 Grantor Representations. Grantor covenants, warrants and represents (I) that
Grantor is the fee simple owner of Grantor's Property and has the right title and capacity to grant
the perpetual Easement granted herein,and(ii)there are no lienholders on the Grantor's Property.
8.9 Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created under the terms of this Agreement are
appurtenant to Grantor's Property.
8.10 Recording. This Agreement shall be recorded in the Public Records of Miami-Dade
County, Florida by Grantee at the cost of Grantor.
TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever, and
Grantor will defend the title to Grantor's Property against the lawful claims of all persons
whomsoever.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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Ae
IN WITNESS WHEREOF,the Grantor herein has caused these presents to be executed
its name on the day and year first above written.
SIGNED,.SEALED.AND DELIVERED
IN THE PRESENCE OF:
BELLA ISLA, LLC
c/o EUROAMERICAN GROUP, INC.,
Stgpature Manager
Print Name By:
Name:. z Ar) e
Title: President (f
SI
tal IV(
Print Name •
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE )
The forgoing instrument was acknowledged before me by means of / physical
presence or online notarization this 2c day off E(;OVi+ e�,-2022, by Ivdi
`11a a as Weste nt of Euroamerican Group, Inc., a Florida corporation, as Manager of Bella Isla., LLC, a
Florida limited liability company, on behalf of said corporation, who i persona/ known to me or
produced as identification.
Pea 1 ii- 4i41 ' t'iV11C-1
Nota i Public State of Florida_
P
My Commission Expires: oil et20D- ��_„- NorARIAI
DANIELALOINAZ
;R; ,a MY COMMISSION#GG 947123
"' o• EXPIRES:February 13,2024
Bonded ThN Notify Public Undenvrae»
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IN WITNESS WHEREOF, the Grantee herein has caused these presents to be
executed in its name on the day and year first above written.
SIGNED,SEALED AND DELIVERED
IN THE PRESENCE OF;
4' CITY OF MIAMI BEACH, FLORIDA,
Signature municipal corporation of the State of
ea.r-tOv Florida
' t Name - By; _
Nam : Aline T. Hudak
Tithe: City Manager
Signature
Q ,— e3 grie7 z
Print.Name
ATTEST:
': ,,,� ♦♦ Signature
0 * INCO •�• 3Rafael E. Granada, City Clerk
•
. RP INCORPORATED Print Name
STATE OF FLORIDA kti,4b:C/4-0- OS f
COUNTY OF MIAMI-DADE )
The forgoing instrument was acknowledged before me by means of physical
presence or online notarization this_day of 2022, by Aline T. Hudak, as City
Manager, and Rafael E. Granada, as City Clerk, of the CITY OF MIAMI BEACH, FLORIDA, a
municipal.corporation of the State of Florida, on behalf of said 'municipal corporation, who is
personally known to me or produced as identification.
Print Name:
Notary Public; State of Florida
My Commission Expires:.. [NOTARIAL SEAL]
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION 6
Ur- It J22,
City.AftOcnoy. Ddt
Exhibit"A"
Grantor's Property
ALL OF LARKMI, a subdivision of EL Retiro, according to the Plat thereof, as recorded inn
Plat Book 41, at Page 68, of the Public Records of Miami-Dade County, Florida.
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Exhibit"B"
Easement Area
F:Attotorg/Public Works/Forms/Utility Easement Template 5.26.2020
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SKETCH. TO.ACCOMPANY LEGAL DESCRIPTION/ •
• UTILITY EASEMENT
LEGAL DESCRIPTION:
•
That portion of Tract A of LARKMI.according to the Plat thereof,as recorded in Plot Book 41, Page 68 of the Public
Records of Miami-Dade County,Florida lying in of Section 33,Township 53 South,Range 42 East,Miami-Dade County,
Florida,more particularly described as follows:
BEGINNING at the Southeast corner of Tract A of said LARKMI, thence run S 86°40'50" W along the Southerly line of
said Tract A coinciding with the Northerly Right of Way of Venetian Way for a distance of 51.86 feet;thence leaving
said Northerly Right of Way line,run N 03°19'10"W for a distance of 15.00 feet,thence run N 86°40'50"E along a line
parallel with and 15.00 feet North of as measured at right angles to the South line,the said Tract A for a distance 65.04
feet to the wet face side of the existing seawall;thence run S 36°56'46"E along the wet face of said seawall for
distance of 18.00 feet to a point coincident with the aforementioned Southerly line of Tract A, also being tt,c
Northerly Right of Way of Venetian Way;thence along said Southerly line S 86°40"50"W for a distance of 23.1.E feel is
the POINT OF BEGINNING..
Containing 1,050 Square feet,more or less, more or less,by computations.
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THIS IS NOT A BOUNDARY SiiRVI:V,'•
NOTICE:This document consists of 3 _.... ...
pages and it is not valid,full and complete without all pages.
L INGITU.DE SURVEYORS
7769 NW 48TH STREET. SUITE 375,DORAL,FLORIDA 331.66 • PHONE:(305)463-0912 • FAX:(305)513-5680 •.WWW.LONGITUDESURVEYORS COM
JOB No.22035.0.1 PAGE{or 3 06
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.. SKETCH TO ACCOMPANY LEGAL DESCRIPTION/ i.
UTILITY EASEMENT
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GRAPHIC SCALE I:
20 0 70
(IN FEET) f
4i 1 inch= 20 ft.
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PORTION TRACT A P2COF l
LARKMI sct`�OA, ,
P.B. 41 PG.68 '9yL
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N 86°40'50"E 65.04' . 11-°
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EXISTING R/W BY B. C b to
LARKMI o Ip 111 I:
P.B. 41 PG.68 0 ^ ° —
23.14'
_— ---- — S 86°40'50"W 51.86' S 86 40 50 W l
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P.O.B. i
1 SE CORNER TRACT A c q
OF LARKMI !I
A.B.4%PG:66 AND "
cn SE CORNER LOT 28 I j,
OF BELLE ISLE AIMED R
P.B.5 PG.11 ,,'
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— 9 -----5 86`40.5a.W F
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VENETIAN W.AY
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1 EXISTING RIW BYL
— LTE IA SNO C2EAO4 NSDTO MINIU M_ _ _-- _ iitDNE53PG. _ --
THE GRAND VENETIAN CONDOMINIUM
LEGEND:
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NW=NORTHWEST 1
SE=SOUTHEAST I;
SW=SOUTHWEST t
P.B.=PLAT BOOK. 11
PG.=PAGE•
C/L=CENTERLINE - .
R/W=RIGHT OF WAY 1
O.R.B.=OFFICIAL RECORDS BOOK
P.O.B.=POINT OF BEGINNING (I
SEC.=SECTION N
THIS IS NOT A BOUNDARY SUI EY' I,
NOTICE:This.document snot valid,full and complete without all pages. f
L JNGITVDE SURVEYORS It
7:769 NW 48Th STREET,SUITE 375, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 `FAX:(305)513-5680 • WWW.LONGITUOESURVEYORS.COM 1
JOB No.22085.0 PAGI: 2 OF 3„' ,
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SKETCH TO ACCOMPANY LEGAL DESCRIPTION/
f.
UTILITY EASEMENT
i,
SURVEYOR'S NOTES:
This is not a Boundary Survey. 1
- The Legal Description for the Proposed Easement was /;
generated at the behest of clients request.
Bearings as shown hereon ore based upon the centerline of
Venetian Way,with an assumed bearing of S 86°40'50"W, t
said line to be considered a well established and
monumented line. r.
Vi I I I1 I 1\C '"
DATA SOURCES USED FOR THE PREPARATION OF THIS ;
DOCUMENT: 'v ,,
A illa1��11u►f �,;,:.(11
1. LARKMI,according to the Plat(hereof,as recorded in Plat . ., pli"" ~ N. %'�
Book 41,Page 68 of the Public Records of Miami-Dade �A ■N lifFil pli I� >
County,Florida. �" t1�1► .�����,�\
�111111111Dll a '''V G r
� 4'' i.
2. Quit Claim Deed dated May 22nd,2019,recorded in r ( - a
Official Records Book 31481,Page 326;Miami Dade �`� t :: c
County Records. :: to N ." ;
LIMITATIONS: SECTION-33 i1
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�T4 �1 f'ir
Since no other information were furnished other than what is woe [ f� k
cited above,the Client is hereby advised that there may be1ST -! ���.rs , -
legal restrictions on the subject property that are not shown PROPOSED Li„ �� l fi
EASEMENT. A.on this Sketch or contained within this document that maybe ..4. .�
LOCATION .+�� �` f.
found in the Public Records of Miami-Dade County Florida or ••--� —j,-- i
any other public and private entities as their jurisdictions may J ^ 7 4 -'
oppedr. /.G u .
VENETIAN vY r+ M C ,•
SURVEYOR'S CERTIFICATE:• : ► �l 14 HI r.
I hereby certify:That.this"Sketch to Accompany Legal coo RD r— . ii
Description"and the Survey Map resulting therefrom was �/ INK t- �1 1.L'• 3
i r- r- I,
performed under my direction and is true and correct to the prim• i;
best of my knowledge and belief.and further,that said A pans No: t,�-r 1 (j i A
"Sketch to Accompany Legal Description"meets the intent of ,�Itlr11: ■l (�"'� 0-.--t j'-tr
the applicable provisions of the"Standards of Practice for 11 C ..
Land Surveying in the State of Florida",pursuant to Rule AM.. Is t
5J-17,053 of the Florida Administrative Code and its I
implementing law,Chapter 472.027 of the Florida Statutes. I f
l
LONGITUDE SURVEYORS LLC.,a Florida Limited Liability i' `,y
Company
Florida Certificate of Authorization Number LB7335 LOCATION MAP ,
This item has been digitally signed by: N.T.S.
Mo
I5git3ftysigned by,Eduardo M �'°°� KS°a
Eduardo M Suarez Suarez
Datc202.03AS 13:20.09,04'5' tie 6313
Eduardo M.Suarez,PSM 7. STATE Or c
• P‘ONIDA p4 1:
Registered Surveyor and Mopper LS6313 1..,, r'
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state of Florida '°a1 sQ'"�.°`
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NOTE:Printed copies of this document are not considered I
official unless signed and sealed and for digital copies the ti
signature must be verified.
NOTICE:This document consists of 3 pages and not valid,full and complete without all pages. — f
LchNGITIJDE SURVEYORS THIS IS NOT A BOUNDARY SURVEY
7769 NW 48TH STREET,SUITE 375, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 •.FAX:(305)513-5680 ' WWW.LONGITUDESURVEYORS.COM '1
JOB No.22085.0.1 PAGt:'CA :, 1
A'
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
OFFICE OF THE CITY ATTORNEY
Tel:305-673-7000 Ext 6955
MEMORANDUM
Date: December 21, 2022
To: Alina T. Hudak, City Manager 1#4From: Gisela Nanson Torres, Senior Assistant City Attorney
Ext. 6955/Fax: 305-673-7002/giselatorres(a�miamibeachf.qov
Re: Easement Agreement along 31 Venetian Way, authorized pursuant to Resolution
No. 2022-32293 (attached).
Dear Madame Manager:
Attached please find the above referenced document for execution, which has already
been signed by the owner. Once fully signed by the City, I will be recording it. Once
recorded, I will provide to the City Clerk with a copy of the recorded document for their
records. By the way, the document was provided to us in the attached condition, with
portions lighter than the rest.
Once fully signed, please contact Gloria Dieguez, at extension 26537, and she will forward
to the Clerk.
Should you have any questions, please do not hesitate to call me.
Best regards,
mod.Aranaon game
MIAMISEACH
Gisela Nanson Torres,
Senior Assistant City Attorney
Tel:305-673-7000 Ext.26955/giselatorres(C�mia171ibeachfl.ciov