HomeMy WebLinkAboutPerpetual Utility Easement Agreement for Domestic Water Meter20L6, 3-1n72
This instrument prepared by:
Name: Ricardo J. Dopico, City Attorney
Address: Office of the City Attorney
1700 Convention Center Drive, 41" Floor
Miami Beach, Florida 33139
(Space reserved for Clerk)
PERPETUAL UTILITY EASEMENT AGREEMENT
FOR DOMESTIC WATER METER
THIS PERPETUAL UTILITY EASEMENT A REEMENT FOR DOMESTIC WATER
METER (the "Agreement") is made this _ day of ri I 2026 ("Effective Date"),
between 3900 ALTON ROAD OWNER LLC, a Del are 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, as grantee, and its successors
and assigns (hereinafter called the "City").
WITNESSETH:
WHEREAS, Grantor is the owner of that certain improved real property located within the
City's municipal jurisdiction, with a street address of 3900 Alton Road, and more particularly
described in EXHIBIT "A", attached hereto and made a part hereof (the "Grantor's Property"); and
WHEREAS, Grantor obtained approval from the City's Design Review Board
("DRB°) (under ORB File No. DRB21-0664) for the construction of a multi -family building on the
Grantor's Property (the "Development"); and
WHEREAS, in connection with the Development, Grantor has agreed to convey to the City
a perpetual non-exclusive Easement (as defined in Section 2 below) for the City to access,
construct, install, operate, maintain, repair, replace and upgrade the water meter and related
infrastructure (collectively, the "City's Utility Infrastructure`), together with the non-exclusive right
of ingress, egress and regress on, overand through Grantor's Propertyforaccess to the Easement
Area; and
WHEREAS, on February 5, 2026, the Mayor and City Commission adopted Resolution No.
2026-34072, authorizing the City Manager to accept this Easement (as defined in Section 2) on
the Grantor's Properly.
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.
2. Consideration and Description. the Grantor, for and in consideration of the City's
Utility Infrastructure related to Grantor's Development, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, hereby grants to the City, a
perpetual easement (the "Easement") on, over, and under a portion of Grantors Property, as such
property is more specifically described and delineated in EXHIBIT "B," attached hereto and made
a part hereof (the "Easement Area") to access, construct, install, operate, maintain, repair, replace
and upgrade the City's Utility Infrastructure, together with the right of ingress, egress and regress
on, over and through Grantors Property for access to the Easement Area.
3. Uses.
3.1 The City 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 taking readings, inspecting the Water Meters, and performing work
in connection with the construction, installation, operation, maintenance, repair, replacement and
upgrade of the Citys Utility Infrastructure. The City may utilize the Easement Area without Grantors
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 City of the rights
granted under this Agreement. Notwithstanding anything to the contrary contained herein, Grantor
shall be prohibited from obstructing the City's access to, or use of, the Easement Area. Grantor
shall not construct, or permit to be constructed, any structure or improvement, or otherwise
encroach on or over the Easement Area ("Unpermitted Encroachments') without the prior written
consent of the City Managers designee, except that Grantor shall be permitted to install
landscaping/irrigation, lighting, concrete curbs, sidewalks, pavers, and a retaining wall within the
Easement Area (the "Permitted Encroachments") (collectively, "Easement Encroachments").
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.
S. Term. The Easement and rights granted herein shall be perpetual and shall be
possessed and enjoyed by the City, its successors and assigns for the purposes staled herein,
unless modified or released with the approval and act of the City Commission.
6. Maintenance.
6.1 At all times during the Tenn, the City's Utility Infrastructure shall remain property of
the City and the City, at its sole cost and expense, shall maintain the City's Utility Infrastructure
and shall make all repairs as deemed necessary by the City, in its reasonable discretion.
6.2 Damages to Easement Encroachments. If the City's work requires removal of the
existing Easement Encroachments, then the City, at the sole discretion of the City Manager's
designee, will remove the required portions of the Easement Encroachments at the Grantor's
expense or request that Grantor remove the Easement Encroachments at Grantor's expense. In
connection with the City's access to the City's Utility Infrastructure pursuant to this Agreement, the
City shall not be liable for the replacement of any Easement Encroachments, including, without
limitation, decorative features, pavers, lighting, or landscape, and will only be responsible for
restoring the Easement Area and any affected surrounding areas to sod/grass. Upon the City
completing its work, Grantor, at Grantor's expense, shall be required to repair or replace the
affected portions of the Easement Encroachments and surrounding areas.
6.3 Damaoe to the City's Utility Infrastructure or Grantor's Property. Grantor shall be
responsible for reimbursing the City for any damage caused to the City's Utility Infrastructure by
Grantor, its officers, employees, contractors, agents and invitees. The City shall use reasonable
efforts to perform the City's Work under this Agreement without causing damage to Grantor's
Property; however, the City shall not be responsible for any damage to the Grantor's Property as
a result of the City's work.
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:
AS TO GRANTOR: 3900 Alton Road Owner LLC
Attn: Ron Hoyl, Vice President
3953 Maple Avenue, Ste. 300
Dallas, TX 75219
E-Mail: ron@rockpoint.com
WITH COPIES TO: 3900 Alton Road Owner LLC
Attn: Daniel Domb and Joseph Goldman
500 Boylston Street, 21st Floor
Boston, MA 02116
Email: Dan@rockpoint.com and JGQrockpoint.00m
Mast Capital, Inc.
Attn: Eran Landry, Managing Director
2601 South Bayshore Drive, Ste. 850
Miami, FL 33133
Bercow Radell Fernandez Larkin & Tapanes
Attn: Michael Larkin, Esq.
200 S Biscayne Boulevard
Miami, Florida 33131
Email: mlarkin@brzoninglaw.com
AS TO THE CITY: City of Miami Beach, Florida
Attn: City Manager
1700 Convention Center Drive, 0 Floor
Miami Beach, FL 33139
WITH COPIES TO: City of Miami Beach, Florida
Attn: City Attorney
1700 Convention Center Drive, 4' Floor
Miami Beach, FL 33139
M'
City of Miami Beach
Attn: City Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
or to such other addresses 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 (Ili) on the day after mailing by any form of
overnight mail service.
Notifications to the City for the coordination and administration of this Agreement may be sent via email to
the City's Public Works Department Director ("City Manager's designee") or such other person as may be
designated in writing to Grantor by the City Manager or the City Manager's designee.
8. Miscellaneous Terms and Conditions
8.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of
the City'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 authority 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 City in the discharge of its police or governmental
powers.
8.4 Remedies. An action to enforce the terns and conditions of this Agreement may
be brought by the City and may be, at law or in equity, against any party or person violating or
attempting to violate any provision of this Agreement or provisions of the Building Code, City Code,
Zoning or Land Development Regulations, either to restrain violations or to recover damages. The
prevailing party in any action or suit arising out of or pertaining to this Agreement shall be entitled
to recover, in addition to costs and disbursements allowed by law, such sum as the court may
determine to be reasonable for the services of its attorney.
8.5 Successors and Assigns. This Agreement shall be binding upon, and inure to the
benefit of, Grantor and the City 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 the City'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 the City, approved by the Mayor and City Commission of the City of Miami
Beach.
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,
except for mortgagees as set forth in the public records of Miami -Dade County, and which have
joined and consented to this Agreement.
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 the City at the cost of Grantor.
TO HAVE AND TO HOLD the same unto the City, 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]
IN WITNESS WHEREOF, the Grantor 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:
Sigpture
N I
Prifit Name
500 Bovslton St Suite 2100. Boston. MA 02116
Address
�-
Sighature VI
Tarah Dsr h-Hlvv {
Print Name
500 Bovslton St. Suite 2100, Boston, MA 02116
Address
COMMONWEALTH OF MASSACHUSETTS
3900 O R ER LC
ey:
Name: Josh A. GoldmanA. Goldman
Title: Vice President
ST*FEEF FLORIDA )
) SS:
COUNTY OF MOAMkBADE )
SUFFOLK
The forgoing instrument was acknowledged before me by means of x physical
presence or _ online notarization this Ird day of April 2026, by
Joseph A. Goldman . as Vice President of 3900 Alton Road Ommer LLC, a
Delaware limited liability company, on behalf of said corporation, who is Cersonally known to m
or produced as identification.
Print Name: Michelle
K. M It
MICM1eIIe K. MCDonagrt
NOTARYGUBL
Notary Public. Feri6e
CommonwealMthth P
o
Massachusetts
M Commission Expires:
y p
My A mmlWon EKPIres
yuSt 21, 2031
NOTARIAL SEAL )
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:
MU-1
Signature
KEILA MENA
Print Name
1k60 (,o WYl )DA UYV k- ` IOI
Address M'rg 1++� tGUM I 33
atu
ATTEST:
REGIS BARBOU
Print Name
1'700 C AvaN C'on Cawta W.
I'A `i3emall, .I%- 3343q
CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation of the State of
Florida 1
Name: Eric T. Carpenter
Title: City Manager
WAY 2 6 2026
Signature
Rafael E. Granado. City Clerk
^Uulu" Print Name
. s".............C"
STATE OF FLORIDA ' r
] NN(ORP ORAIEO
SS:
COUNTY OF MIAMI-DADE
The forgoing instrument wap. acknowledged before me by means of physical
presence or _ online notarization thi day of A4+'j . 2026, by Eric T. Carpenter, as
City Manager, and Rafael E. Granado, as City Clerk, of the CITY OF MIAMI BEACH, FLORIDA,
a oration of the State of Florida, on behalf of said municipal corporation, who is
personally know to me or produced as identification.
P ame: r:HaRl ES D'AGOSTIN
My Commission Expires:
APPROVED AS TO
FORM &LANGUAGE
& FOR EXECUTION
at
/ CINAttwney R(,� e
Notary Public. State of Florida
[NOTARIAL SEAL]
CHARLES JDAOOSTIN
MYCOMMISSIONkHHr209r0
EXPIRES: Dumber 14,2029s
Mortgagee Joinder and Consent
to
Perpetual Utility Easement Agreement
For Domestic Water Meter
PNC Bank, National Association ("Mortgagee"), as owner and holder of that certain Mortgage, Assignment of
Leases and Rents, Security Agreement and Fixture Filing from 3900 Alton Road Owner, LLC, a Delaware limited
liability company ("Mortgagor") to Mortgagee, dated November 16, 2022 and recorded on November 17, 2022, in
Official Records Book 33471, at Page 1066, of the Public Records of Miami -Dade County, Florida CPublic
Records"); an Assignment of Leases and Rents from Mortgagor to Mortgagee, dated November 16, 2022 and
recorded on November 17, 2022, in Official Records Book 33471, at Page 1092 of the Public Records; and a UCC
Security Agreement from Mortgagor to Mortgagee, recorded on November 17, 2022, In Official Records Book
33471. at Page 1100 of the Public Records (collectively, the "Security Instruments'), hereby joins in and consents
to the granting of this Perpetual Utility Easement Agreement for Domestic Water Meter (this *Agreement') in favor
of the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the Slate of
Florida, encumbering the Mortgagors property, located at 3900 Alton Road, Miami Beach, Florida 33140
("Mortgagors Property"), all in accordance with the terms and conditions set forth in this Agreement. Mortgagee
agrees to subordinate the Security Instruments encumbering Mortgagors Property to this Agreement, so that in
the event Mortgagee or any other party shall obtain title to the Mortgagee's Property through foreclosure or dead -
in -lieu of foreclosure, this Agreement shall be binding upon the entity obtaining title as the then owner of
Mortgagors Property.
IN WITNESS WHEREOF, these presents have been executed this day of Hnrch 2026
Witnesses:
CLkA.-jr
SigAj/rQ I A HIC01/o
Printed Name
to 'i Nato 2049 $DcaeA-�'
Address /Lt4)q, 33V��.
SIppneture p
/�rntiur /L fi�✓R
Printed Name
// a a
Address
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged
notarizationby "Oran 44USetr the
NATIONAL ASSOCIATION, a federally chartered cc
personalty known to me or has produced I
signature and official seal this day of HOM
[fAgPoNAniRPGFAU%SBpBff6pLt vy PuciiS Sot Roddaomaussionr HH 44337gromm. expires Sept. 13, 2pp7
[Notary Seal]
PNC Bank, National Association
By:
Prim ame:
Title: 146
Address: 2265 Glades Road, Suite 420A
Boca Raton, FL 33431-7382
cans o1`941hysical presence ❑ or online
dcn� of PNC BANK,
on behalf of the corporation. He/She is
as identification. Witness my
i�nfr�nn. HQfnP(II/Y .SrrrierrNla(
Print Name
Notary Public, State of Florida
My Commission Expires:
Exhibit "A"
Grantor's Property
EXHIBIT "A"
Legal Description
Parcel 1
OVERALL PARCEL - SOUTH SITE
All of Lot 53 and a portion of lots 52, 54 and 55, Block 1 of NAUTILUS SUBDIVISION, according
to the Plat thereof as recorded in Plat Book 8 at Page 95, and a portion of Lot D of RE -
SUBDIVISION OF LOTS 48, 49. 50 AND 51 OF BLOCK 1, NAUTILUS SUBDIVISION, according
to the Plat thereof as recorded in Plat Book 35 at Page 46 of the Public Records of Miami - Dade
County, Florida, and a portion of Sections 22 and 27 in Township 53 South, Range 42 East, City
of Miami Beach, Miami -Dade County, Florida, and being more particularly described as follows:
Begin at the Southeast comer of said Lot 54 of Block 1 of NAUTILUS SUBDIVISION; thence
North 09° 11' 22" East along the Easterly line of said Lots 52, 53 and 54, also being the Westerly
Right -of -Way line of Alton Road (State Road 907) as shown on the Florida Department of
Transportation Right -of -Way Map Section 87090-2402 dated 12-2009, Sheet 16 of 18, for 228.03
feet; thence North 80" 48' 38" West for 269.11 feet; thence North D9" 11. 22" East for 144.42 feet;
thence South 55" 48' 22" West along the Southeasterly Right -of -Way line of the Julia Tuttle
Causeway per State Road 112 I-195 of said Florida Department of Transportation Right -of -Way
Map Section No. 87090-2402, Sheet 16 of 18, for 90.82 feet; thence South 05° 59' 58" East for
62.09 feel; thence South 23° 11' 59" West for 161.81 feet; the following two (2) courses being
along the Northerly boundary of Alton Road (State Road No. 25), as shown on said Florida
Department of Transportation Right -of -Way Map; (1) South 54' 07' 39" East for 162.79 feet to a
point on a circular curve; (2) thence Southeasterly along a 600.92 foot radius curve leading to the
right, through a central angle of 09° 57' 10" for an arc distance of 104.39 feet; thence South 76°
03' 16" East for 72.65 feet; thence North 41 ° 11' 22" East along the existing Limited Access Right -
of -Way line of the Westerly Right -of -Way line of said Afton Road (State Road 907) as shown on
said Right -of -Way Map Section 87090-2402 for 48.00 feet; thence South 80° 4B 38" East along
the Southerly line of said Lot 54 for 26.00 feet to the Point of Beginning.
Parcel 2: (FDOT Parcel)
A Portion of Section 27 in Township 53 South, Range 42 East, and being more particularly
described as follows:
Commence at the Southeast comer of Lot 54 of Block 1, Nautilus Subdivision, according to the
plat thereof, as recorded in Plot Book 8 at Page 95 of the Public Records of Miami -Dade County,
Florida; Thence North 80048'38" West, along the Southerly boundary line of said Lot 54, for 175.93
feet to a point on the Northerly Right-of-way line of Alton Road, also known as State Road No.
907, as shown on the Florida Department of Transportation Right-of-way Map Section 87090-
2402, sheet 16 of 18, said point lying on a circular curve, concave to the Southwest and whose
radius point bears South 39°51'18" West; thence Northwesterly along said Northerly Limited
Access Right-of-way line being a 600.92 foot radius curve, leading to the left, through a central
angle of D3°5657" for an arc distance of 41.77 feet to a point of tangency (said point being
coincident with State Road No. 907, Station 16+16.00, as shown on said Florida Department of
Transportation Right-of-way Map Section 87090-2402, sheet 16 of 18); thence North 54007'39"
West along said Northerly Limited Access Right-of-way line for 162.79 feet to the Point of
e..e 1g 4"u69, P.A. I Atwnle at Law
www.gtWw.com
Beginning of the hereinafter described parcel of land; thence North 23°11'59" East, departing said
Northerly Right-of-way, line for 161.81 feet; thence North 05059'58" West for 62.09 feet to a point
on the Southerly Limited Access Right-of-way line of the Julia Tuttle Causeway, also known as
State Road 112 and 1-195, as shown on said Florida Department of Transportation Right-of-way
Map (said point being coincident with State Road No. 112, Station 190+12.29, as shown on said
Florida Department of Transportation Right-of-way Map); thence South 55°48'22" West along said
Southerly Limited Access Right-of-way line for 211.08 feet to a point on a circular curve, concave
to the Northeast and whose radius point bears North 42050'30" East; thence Southeasterly along
a 768.51 foot radius curve leading to the left through a central angle of 06°58'09" for an arc
distance of 93.48 feet to a point of tangency (said point being coincident with State Road No. 907,
Station 17+34.46, as shown on said Florida Department of Transportation Right-of-way Map
Section 87090-2402, sheet 16 of 18); thence South 54°07'39" East for 55.66 feet to the Point of
Beginning.
Lying and being in Section 27, Township 53 South, Range 42 East, Miami Beach, Miami -Dade
County, Florida.
The above Parcels 1 and 2 are now known as:
Tract A, of ALTON 3900, according to the plat thereof, recorded in Plat Book 178, Page 45, of the
Public Records of Miami -Dade County, Florida.
G°eenberg Tm.rig, PA. I Attorneys at Law
www.gtlawc°m
Exhibit "B"
Easement Area
10
EXHIBIT "B"
WATER EASEMENT
3900 ALTON
3900 ALTON RD. MIAMI BEACH, FL 33140
SURVEYORR S NOTES:
THIS IS NOT A BOUNDARY SURVEY
LEGAL DESCRIPTION PROVIDED BASED ON RECORDED CONDITIONS
AND 4009 ALTON RD LEGAL DESCRIPTION(O.R.B. 29938, PG. 3647)
BEARING AND DISTANCES ALONG WELL ESTABLISHED AND RECORDED
UNE
EASEMENT CALCULATED GEOMETRY USE THE BASIS OF BEARING AS
PERPLAT
BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLWE OF &TON
ROAD (STATE ROAD No. 907) RAN MAP SEC. 80 2402. SHEET 16 OF 18)
SOUTH SOUND ALSO SHEET Y OF 2) (P S 63, PG. 43)
MIAMI-DADE COUNTY PUBLIC RECORDS( NOSY 1'2YE (RECORD)
THE INTENT OF THIS EASEMENT IS TO ENCOMPASS THE RECENTLY
INSTALLED V UP WATER SERVICE AND RELATED FACILITIES AS SHOWN
ON THE WATER AS -BUILT. PREPARED BY DOO<MPO SURVEYING
SERVICES LLC
MIN. VERTICAL CLEARANCE OF THIS EASEMENT IS 26FT. ABOVE FINISHED
GROUNDLEVFL
THIS EASEMENT STRIP FORMS A CLOSED GEOMETRIC FIGURE
LEGEND:
1. P.O.B denotes Point of Beginning
2. A0.0 denotes Point of Commencement.
3. A0.T denotes Point of Termination
4. R/W denotes Right of Way
5. P/L Property Line
6. qL Centerline
7 MIL Monument Line
S. P.B. denotes Plat Book
9. PG. denotes Page
10. PC denotes Point of Curve
11. PCC denotes Point of Concave Curvature
12. R denotes Curve Radius
13, L denotes Length of pLrve
14. d denotes MIPS of curve
IS MD-WASD denotes Miaml-Dade County Water and Sewer Department
16. RE .. der mes Rece ds
I M.D. C.R. denotes Miami -Dade County Records
19. SIL SECTION LINE Alfredo
SURVEYOR'S CERTICATE. Diaz
I HEREBYCERTIFY: that the LEGAL AND SKETCH of the Property desodW
hereon was made under my supervision and that the LEGAL AND SKETCH meets
the Stardoms Of Practice set forth by the Florida Board ofProfesskuwl Land
Surveyors and Mappers in Chapter 51-17, Florida Adminlstrative Code pursuant
M Section 472.027, Florda Statutes. That Me Sketch hereon Ls me and conaQ
M the best of my knowledge and belief. Subject to notes and notations shown
hereon. This Sketch does not represent a Land Survey.
LOCATION MAP
NOTTOSCAIE
6127-7530—R47E
ST
Certify M:
City of Miami Beach, Florida, ISAOA
.``"f: ......... <
CplWysp �
GIor Imam.
N 35Aa-0S'9diA,
�N•, STA
y( :(GID 4•'rvq.
n• (4� RSUAY"
BY ALM2!O9 DUI' IS 6903
Professional Su..eye, and Mapper
STATE OF FL ORIDA
BPa S01y"t'n' flay/p!J LLC
CITY OF MIAMI BEACH WATER AND SEW)
L88442
DEPARTMENT
4L6yN. E. 360 Street
2mes(ex(fMnda 33033
WATER EASEMENT
' ^'a^T✓L'9°4"'a'LL"'"
LOCATION MAP & SURVEYOR'S NOTES
WATER EASEMENT
3900ALTON
3900 ALTON RD. MIAMI BEACH, FL 33140
SuLE
50'
pp
Moll
x'I x ppg�l r„
ib �� O ✓�4� 040 �I'ry �iV '�?0
°B'ww
560°45'13'E ft
E N9°10'07'E 13.02
12.00
QTyT
'AY,yyP IIQDJ'V71'TI p.0' J.iO 11.0122,W NBO°34573"W
OF
Q {� P.0.B 1W.11EF Er15E1
CITYL-11-22 FAcx
L1ON W N9.11'12'E P�
f _ dl+
\A� S LOT
5.02
�� tha�di seem a"b stir 4
� '°Meer retire I �.
Alfredo °'a*s%md by\
DIdZ Mre 20z2601*21
11:56.13-0500
waBamirwasiswrisize
CITYOFMIAMI BEACHWATERAND SEWER
(88442
DEPARTMENT
41s7ne Sam SYrztlf
WATER EASEMENT
I
,mes 'f 33033
&�Hfgpgr»mrrw»
LOCATION MAP & SURVEYOR'S NOTES
WATER EASEMENT
3900 ALTON
3900 ALTON RD. MIAMI BEACH, FL 33140
LEGAL DESCRIPTION:
A STRIP OF LAND LAYING ON A PORTION OF LOT 53, BLOCK 1 OF NAUTILUS SUBDIVISION, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8 AT PAGE 95, OF THE PUBLIC RECORDS OF MIAMI-0ADE
COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 54 OF BLOCK 1 OF NAUTILUS SUBDIVISION; THENCE
NORTH 09*112T EAST ALONG THE EASTERLY LINE OF SAID LOT 54, ALSO BEI NO THE WESTERLY
RIGHT-OF-WAY LINE OF ALTON ROAD (STATE ROAD 907) AS SHOWN ON THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY MAP SECTION 87090-2402 DATED 12-2009, SHEET 16 OF 18. FOR 5.07 FEET
TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CITY OF MIAMI BEACH WATER EASEMENT;
THENCE RUN NORTH 80*45'13' WEST FOR 13.03 FEET TO A POINT; THENCE RUN NORTH 09'14.47"EAST FOR
A DISTANCE OF 12.0 FEET TO A POINT; THENCE RUN SOUTH 80*45'13* EAST FOR 13.02 FEET TO A POINT;
THENCE RUN SOUTH 09-1122- WEST FOR A DISTANCE OF 12.0 FEET TO A POINT OF BEGINNING OF THE CITY
OF MIAMI BEACH WATER EASEMENT.
OF ALL OF THE ABOVE LAYING AND BEING IN SECTION 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST IN MIAMI
DADE COUNTY. FLORIDA.
CONTAINING 156.0 SQUARE FEET OR 0.0036 ACRES. APPROXIMATELY.
•`1�4CENy
Alfredo
D...... syned _
Alfredo D'ux <`40 RtOP.'"p`
Diaz
Date: 2026.01.21 9ryp sWryE�
1136:44-05'00'
BY ALfAE000/A7 LS SWS
Profession/ Sur vsyor dno' MOOOe/
5TATE OF FL ORTOA
1 OrM/8. �..AD.. /BCAN/0 d4MY6Y/MO ddRY/CFd lLC I CITY OF MIAMI BEACH WATER AND SEWER DRAWNWT 02-L4-2035
LB 8442
z arn.ns. aD arBVN.E San sorer DEPARTMENT
3 awns pD Nomeshae, FrorNa sm�T WATER EASEMENT
LOCATION MAP 8 SURVEYOR'S NOTES �ALE AS�WN
RECORDING STATEMENT
MIAMI-DADE COUNTY
Re: 3900 Alton Road - Water Easement
Type of Instruments:
Easement(17 pages) $146.00
Certified Copy $ 19.00
Warranty Deed $
Mortgage (—$
Assignment of Mortgage $
Satisfaction of Mortgage $
Declaration of Restrictions
L Pgs) $
Doe Stamps:
Deed $ .60
Surtax $ .45
Intangible Tax: $
Second Mortgage $
Intangible Tax: $
Total $166.05
(Check No: )
Payable to Clerk of the Court and Comptroller
Prepared by and retum to:
Ricardo J. Dopico, City Attorney
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
sn43o Anon nN�moaa owner L�U 6Zr.e a pq•• • ^^^^-•- • to/z
ge
a." am 63-8413/2670
C..m on., FL 33133
DATE 09/07/2026
"** ONE HUNDRED SIXTY SIX AND 05/100 DOLLARS
RAY Clask of tha Court and Comptzollas $166.05*****
TO THE
ORDEROF
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach. Florida 33139, www.miamibeachB.gov
PUBLIC WORKS DEPARTMENT
Tel: 305473-7080 , Fax: 305-673-7028
ROUTING COVER LETTER
DATE: 05/06/26
SUBJECT: request for signature
FROM: John Norris
DEPARTMENT: Public Works
CONTACT: Fiorel a 1v
Ext: 6007
Routin
David Martinez, Assistant City Manager
Eric T. Carpenter, City Manager
Description:
There was a Commission item approved on February 5, 2026, Resolution No. 2026-34072. The
agreement is now ready to be executed.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE FOLLOWING PERPETUAL UTILITY
EASEMENT AGREEMENTS FROM 3900 ALTON ROAD OWNER, LLC (OWNER/GRANTOR)
TO THE CITY (GRANTEE), FOR USE OF -THE FOLLOWING EASEMENT AREAS ON
OWNER'S PROPERTY, LOCATED AT 3900 ALTON ROAD, LYING IN A PORTION OF LOT
54, BLOCK 1, OF NAUTILUS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 8, AT PAGE 95, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, AND A PORTION OF SECTION 27, TOWNSHIP 53 SOUTH, RANGE 42
EAST, IN MIAMI-DADE COUNTY, AS MORE PARTICULARLY DESCRIBED IN EACH
RESPECTIVE EASEMENT AGREEMENT: (1) THE USE OF AN EASEMENT AREA HAVING
APPROXIMATELY 156 SQUARE FEET, TO ACCESS, CONSTRUCT, INSTALL, OPERATE,
MAINTAIN, REPAIR, REPLACE, AND UPGRADE A WATER METER AND RELATED
INFRASTRUCTURE ON THE PROPERTY; AND (2) THE USE OF AN EASEMENT AREA
HAVING APPROXIMATELY 2,083.911 SQUARE FEET, TO ACCESS, CONSTRUCT,
INSTALL, OPERATE, MAINTAIN, REPAIR, REPLACE, AND UPGRADE A SEWER MAIN
INFRASTRUCTURE; FURTHER, AUTHORIZING THE CITY MANAGER TO FINALIZE THE
EASEMENT AGREEMENTS; AND FURTHER, UPON COMPLETION OF SUCCESSFUL
NEGOTIATIONS, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO
EXECUTE THE EASEMENTS.
Thank you.
We are committed to providing excellent public service and safety to all who live, work. and play in our vibrant fropkal.
historic community.