HomeMy WebLinkAboutUtility Easement Agreement for Water Main and Water Metersbetween the CMB and TCH 500 Alton Commercial, LLC.202(,-3y zzz
This instrument prepared by:
Ricardo J. Dopico, City Attorney
Office of the City Attorney
1700 Convention Center Drive, 4e Floor
Miami Beach, Florida 33139
Folio Nos. 02-4204-006-0160
IIIIII IIIII IIIII IIIII IIIII IIIII IIIII Ilil IIII
CFH 2026RO364349
OR BX 35323 Pss 4152-4168 (I7Pss)
RECORDED 05/28/2026 13:08:02
DEED DOC TAX $0.60
SURTAX $0.45
JUAN FERNANDEZ-BARQUIN
CLERK OF THE COURT 6 COMPTROLLER
MIAMI-DADE COUNTY, FL
(Space reserved for Clerk)
UTILITY EASEMENT AGREEMENT
FOR WATER MAIN AND WATER METERS MAY 2 7 2026
THIS UTILITY EASEMENT AGREEMENT FOR WATER MAIN AND WATER METERS (the
"Agreement") Is made thls 2'1 day of hA'7 , 2026 ("Effective Date'),
between TCH 500 ALTON COMMERCIAL, LLC, a Delaware 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
Citys municipal Jurisdiction, with a street address of 500 Afton Road, Miami Beach, Florida 33139,
bearing Folio No. 02-4204-006-0160 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. DRB18-0354 for the construction of a mixed -use building on Grantors Property
(the 'Development); and
WHEREAS, in connection with the Development, Grantor has agreed to convey to Grantee a
perpetual, irrevocable, exclusive Easement (as defined in Section 2 below) for Grantee to, construct,
install, operate, maintain, repair, replace, upgrade, relocate, expand, and, remove and/or abandon a
certain subterranean water -main (the "Wad Man' and four (4) related water meters (the Water Main and
water nesters shall be collectively referred to here n as She 'City Utility Infressuct(re"), together with the non-
exclusive right of ingress, egress and regress on, over and through Grantor's Property for access to
the Easement Areas; and
WHEREAS, on April 22, 2026. the Mayor and City Commission adopted Resolution No.
2026-34222, authorizing the City Manager to accept this Easement (as defined in Section 2) on
the Grantor's Property.
NOW THEREFORE, for and in consideration often 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
DRB approvals related to Grantor's Development, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee, a
perpetual, irrevocable, exclusive easement (the 'Easement") under, in, on, through and over a
portion of Grantors Property, as such property is more specifically described and delineated in
EXHIBIT "B," attached hereto and made a part hereof (each an "Easement Area' and collectively
referred to herein as the "Easement Areas") to access, construct, install, operate, maintain, repair,
replace, upgrade, relocate, expand, remove and/or abandon the following City Utility Infrastimhze within
the below described Easement Ames, in Grantee's sole discretion, together with the non-exclusive right
of ingress, egress and regress on, over and through Grantor's Property for access to the Easement
Areas:
A. Water Main Easement Area lying in portions of Lots 8, 9, 10, of AMENDED PLAT OF
AQUARIUM SITE RESUBDIVISION, recorded in Plat Book 21, at Page 83 of the Public Records of
Miami -Dade County, Florida (the "PlaP), having a width varying between seven point five (7.5) and
nine (9) feet, containing 979.0 square feet, approximately, as more particularly described in Exhibit
"B", to access, construct, install, operate, maintain, repair, replace, upgrade, relocate, expand,
remove and/or abandon a twelve (12) inch water main and two (2) water meters and related
infrastructure; and
B. Water Meter Easement Area lying in portions of Lots 2, 3, 4, and a portion of that
certain 15 foot alley adjacent to said Lot 2, vacated pursuant to Resolution No. 2013-28343,
according to the Plat thereof, measuring eight (8) foot by sixty-three point twenty-four (63.24) feet,
containing 506 square feet, approximately, as more particularly described in Exhibit "B", to access,
construct, Install, operate, maintain, repair, replace, upgrade, relocate, expand, remove and/or
abandon two (2) water meters and related infrastructure.
3. Uses.
3.1 Grantee shall use the Easement and the Easement Areas during the Term provided
herein solely for the express purposes provided in Section 2 herein, which will include, without
limitation, the right to take readings, inspecting the Water Meters, and performing work in
connection with the construction, installation, operation, maintenance, repair, replacement,
upgrade, relocation, expansion, removal and/or abandonment of the City Utility Infrastructure, in
Grantee's sole discretion, together with the non-exclusive right of ingress, egress and regress on,
over and through Grantor's Property for access to the Easement Areas. Grantee may utilize the
Easement Areas without Grantor's prior written approval at any time or times. r�
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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 Grantee of the rights
granted under this Agreement. Grantor shall be prohibited from obstructing Grantee's access to,
or use of, the Easement Areas. Grantor shall not construct, or permit to be constructed, any type
of encroachment, structure or improvement, under, in, on, through or over the Easement Areas
(collectively, "Easement Encroachments"), except for the Installation and maintenance of sod,
without the prior written consent of the Public Works Department Director.
4. Inspection. It is hereby agreed that Grantee, including any City official has the right,
during normal business hours, to enter and investigate the use of the Grantors Property to verify
compliance withthe 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, irrevocable, and
exclusive and shall be possessed and enjoyed by Grantee, its successors and assigns, for the
purposes stated herein, unless modified or released with the approval and act of the City
Commission (the'Term').
6. Work/Maintenance. At all times during the Term, the City Utility Imirastuchse shall
remain property of Grantee and Grantee, at its sole cost and expense, shall maintain the City Utility
Infrastructure and shall make all repairs or perform all work deemed necessary by Grantee, in its
sole discretion; provided, however, that Grantor shall be responsible for reimbursing Grantee for
any damage caused by Grantor, its officers, employees, contractors, agents and invitees. In the
event Grantee seeks to access the Easement Areas under this Agreement, Grantee shall be
authorized (but not as its duty) to remove any existing Easement Encroachments or other
decorative features, such as, without limitation, pavers, lighting, landscape (other than sod/grass),
irrigation or service lines (collectively, "Decorative Features") at Grantor's sole cost and expense
prior to commencement of Grantee's work. At Grantee's option, Grantor shall be responsible for
removing any Easement Encroachments or Decorative Features prior to work being performed by
Grantee. Grantee shall use reasonable efforts to avoid damage to Grantors Property or any
improvements thereon in connection with the use of the Easement Areas; however, Grantee shall
not be responsible for any damage caused to the Grantors Property or improvements thereon.
Following completion of Grantee's work, Grantee shall not be liable for the replacement of any
Easement Encroachments or Decorative Features other than restoring sod/grass to existing
conditions. Following completion of Grantee's work, Grantor shall be responsible for restoring any
damaged Easement Encroachments or Decorative Features in accordance with any applicable
permits.
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 mall service, addressed to:
AS TO GRANTOR: 500 TCH Alton Commercial, LLC
Attention: David Martin
3310 Mary Street, Suite 302, Coconut Grove, FL 33133
E-Mail: david@terragroup.com
3 =\�'
AS TO GRANTEE: City of Miami Beach
Attn: Public Works Department
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
E-Mall: Johnnords@miamibeachfi.gov
WITH COPIES TO: City of Miami Beach
Attn: City Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
And
City of Miami Beach
Attn: City Attorney
1700 Convention Center Drive, 41h 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 or any form of overnight mail service; and (ii) on the date upon which the return receipt is
signed or delivery Is refused or the noticeis designated by the postal authorities as not deliverable,
as the was may be, if mailed. Notwithstanding the foregoing, written notice associated with
coordinating Grantee's work or other notifications not associated with a default notice may be
provided to the other party via e-mail, at the e-mail address provided herein, as may be amended
in wilting from time to time.
8. Miscellaneous Terms and Conditions
8.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of the
City's sovereign immunity protection, or as increasing the limits of liability as set forth in Section
768.28, Florida Statutes.
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 CiWs Governmental Caoacity/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 terms and conditions of this Agreement may
be brought by Grantee 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, City Code,
Zoning or Land Development Regulations, either to restrain violations or to recover damages. Any
amounts due under this Agreement shall be due and owing within forty-five (45) days of receipt of
the invoice. 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. This enforclei{iant
4 1
provision is in addition to any other remedy at law, in equity, or both.
8.5 WAIVER OF JURY TRIAL GRANTOR AND GRANTEE HEREBY KNOWINGLY
AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR
PROCEEDING THAT GRANTOR OR GRANTEE MAY HEREINAFTER INSTITUTE AGAINST
EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS
AGREEMENT.
8.6 Successors and Assigns. This Agreement shall be binding upon, and inure to the
benefit of, Grantor and Grantee and their respective successors and assigns.
8.7 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 City's use of the
Easement Areas. 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.
8.8 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 toprinciples 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 SouthernDistrict of Florida,
f in federal court.
8.9 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 Grantors Property.
8.10 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.
8.11 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]
IN WITNESS WHEREOF, the Grantor herein has mused these presents to be executed in
its name on the day and year first above written.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
Address: 3a10 4ou .i ?OZ
I'maw+FL .33132
Signature
wfcdls.s llcnn .
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
TCH 500 Afton Commercial, LLC
a Delaware limited to lity company
By:
Na : David Martin
TPoe: Auhorzed Signatory
The forgoing instrument was acknowledged before me by means of�hyscal
presence or online notarization this LL day of 2026, by
David Martin, as Authorized Signatory of TCH 500 Alton Commercial, LLC, It Delaware limited
liability company, on behalf of said corporation, who is personalty known to me or produced
as identification.
My Commission Expires: ZI f V PLO-Z
Print Neme: l)�,t"'112� y� QS
Notary Public. State of Florida
[NOTARIAL SEAL)
Nottry Pubft Sub ar F "I"
embllt M\NIMxaPrH
t My Commisalan NX 10M1
E%pint 21t8120S0
IN WITNESS WHEREOF, Grantee herein has caused these presents to beexecuted
in its name on the day and year first above written.
ATTEST:
/ y'
Signature
MAY 2 7 2026
Rafael E. Granado, City Clerk
Address: 1700 Convention Center Dr.
Miami Beach, FL 33139
Signature
KEILA MENA
Print Name
Address: 1700 Convention Center
Drive, Miami Beach, Florida 33139
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
CITY OF MIAMI BEACH, FLORIDA,
a Florida municipal corporation
Eric T. Cerpente , City Manager
The forgoing instrument was acknowledged before me by means of � physical
presence or _online notarization this May of 2026 by Eric T. Carpenter, as
City Manager of the CITY OF MIAMI BEACH, FLORIDAQ municipal corporation of ftState of
Florida, on behalf of said municipal corporation, who is personally known to me or produced_
as identification.2_
My Commission Expires: ]4ib^411-w- 30 2oT►'i
APPROVED AS TO
FORM & LANGUAGE
11 & FOR EXECUTION
PrintName: •S acLr.40"
Notary Public. ofS Florida
)NOTARIAL SEAL)
Noury PAlk SUU W 1'
Rsy19 SMI0.
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EXPIM 6130/2029
Exhibit "A"
Grantor's Property
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
(OVERALL LEGAL DESCRIPTION)
LAND DESCRIPTION: (BLOCK 500):
LOTS 2 THROUGH 16, INCLUSIVE, A PORTION OF LOTS I, 17, 18 AND 19 AND THAT CERTAIN
IS FOOT VACATED ALLEY LYING ADJACENT TO LO"IS 1 THROUGH 16, INCLUSIVE, AND
LOTS 18 AND 19, OF "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE. PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGIN AT THE NORTHERN MOST NORTI[WEST CORNER OF SAID LOT 1 I; THENCE NORTH
89°3730" EAST ALONG THE NORTH LINES OF SAID LOTS 10 AND 11, A DISTANCE OF 210.00
FEET TO A POINT ON A 'TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A
CENTRAL ANGLE OF 89^5939" AND AN ARC DISTANCE OF 31.41 FEET; THENCE SOUTH
00°22'51" EAST ALONG THE, EAST LINE OF SAID LOTS 1 THROUGH 10, A DISTANCE. OF 277.46
FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 65.5 FEET, A
CENTRAL ANGLE OF 87"0049" AND AN ARC DISTANCE OF 99.47 FEET; THENCE SOUTH
86"3828" WEST, A DISTANCE OF 112.67 FEET 10 A POINT ON A NON -TANGENT CURVE (A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 19"33'06" WEST); THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 29.30 FEET, A
CENTRAL ANGLE OF 46"06'19" AND AN ARC DISTANCE OF 23.58 FEET; THENCE NORTH
24"2035" WEST ALONG THE WESTERLY LINE OF SAID LOTS 17 AND 16, A DISTANCE OF 73.04
FEET TO A PONT ON A TANGENT CURVE CONCAVE TO THE EAST; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 335"75 FEET, A CENTRAL ANGLE
OF 23"5T44" AND AN ARC DISTANCE OF 140.42 FEET (THE LAST DESCRIBED BEARING AND
DISTANCE BEING ALONG THE WEST LINE OF SAID LOTS 16,15 AND 14); THENCE NORTH
00°22'5I" WEST ALONG THE WEST LINE OF SAID LOTS 13,12 AND 11, A DISTANCE OF 130.00
FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00 FEET, A
CENTRAL ANGLE OF 90"0071" AND AN ARC DISTANCE OF 31.42 FEET TO THE POINT OF
BEGINNING.
LESS AND EXCEPT:
A PORTION OF LOT 9, AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION, ACCORDING
TO THE PLAT' THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGE 83, OF THE PUBLIC
RECORDS OF MIAMI - DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE MOST EASTERLY NORTHEAST CORNER OF LOT 10 OF SAID PLAT OF
AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION; THENCE S 0072151" E ALONG THE
WEST RIGHT OF WAY LINE OF ALTON ROAD FOR 7923 FEET; THENCE S 89'37'09" W FOR
39.26 FEET TO THE POINT OF BEGINNING; THENCE N 36'19'14" W FOR 22.31 FEET; THENCE S
53'40'46" W FOR 2.69 FEET; THENCE N 3619' 14" W FOR 6.93 FEET; THENCE S 53'36'48" W FOR
9.09 FEET; THENCE N 36'19'03" W FOR 17.81 FEET; THENCE N 5321'30" E FOR 25.87 FEET;
1HENCE S 363745" E FOR 42.35 FEET; THENCE S 16'00'46" E FOR 2.31 FEET; THENCE S 061838"
W FOR 2.31 FEET'; THENCE S 28'38'01" W FOR 2.31 FEET; THENCE S 5344'38" W F'OR 9.85 FEET
TO THE POINT OF BEGINNING.
F [N M851590v1
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SAID LANDS SITUATE LYING AND BEING IN MIAMI-DADS COUNTY, FLORIDA
AND LESS AND EXCEPT:
FIVE PARK CONDOMINIUM, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF
CONDOMINIUM, RECORDED ON NOVEMBER 14, 2024, IN OFFICIAL RECORDS BOOK 34492,
PAGE. 3693, AS AMENDED IN OFFICIAL RECORDS BOOK 34593, PAGE 4292, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
AND LESS AND EXCEPT;
PARK RESIDENCES CONDOMINIUM, A CONDOMINIUM, ACCORDING TO THE
DECLARATION OF CONDOMINIUM, RECORDED ON NOVEMBER 14, 2024, IN OFFICIAL
RECORDS BOOK 34492, PAGE 3455, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
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/ MIN7WM15350
Exhibit"B"
Easement Areas
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SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
WATER EASEMENT
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M14MI BEACH, FLORIDA
NOT TO SCALE MIAMI-DADE COUNTY FOLIO It
02-4204-006-0010
PROPERTY ADORES& 500 ALTON RD.
THE SEAL APPFARNG ON THLS DOCUMENT WAS AL17HMZED BY ,VARK
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LEGAL DESCRIPTION
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OERIFlGtTE O AU ZAM No. WB 7 FL W PROFES.SIO LAND SUR1T.iPP, 81..4775
LEGAL DESCRIPTION
TO ACCOMPANY SKETCH
WATER EASEMENT
PLIRMINS OF LOTS 8, 9 AND 10, OF AMENDED PLAT OF AOU4RUM SRE RESUROMSMN, ACCORDING TO THE PUT
THEREOF, AS RECORDED IN PUT BOOT! 21 AT PAGE 83, OF THE PUBLIC RECORDS OF MNW-04CE COUNTY, FLONDA DUNG
MORE PAR77CUL4LY DESORIHEO AS FOLLOWS
COMMENCE AT THE POW OF NIERSECTKTN OF THE CENTERLINE OF AL70N ROAD AND THE CENTERLINE OF 6 STREET,
PENCE RUN ALONG THE SW CEN7ERLNE OF ALT N ROAD; SC CENTERLINE ALSO BOND A LINE PARALLEL WITH AND
50.00 FEET EASTERLY OF, AS MEASURED AT ROD" ANGLES TO, ME EAST LINE OF SAID LOTS 8, 9 AND 10. SOUTH
0175650' EAST FOR A DISTANCE OF 45.00 FEET TO A POINT: THENCE RUN 50M BBOOSY WEST FOR A DISTANCE OF
50.00 FEET 70 THE POINT of Ei mNIN6 (Pao) OF Tiff FOLLOWNG EASEMENT, THENCE RUN ALONG THE WESTERLY
RICHT-OF-WAY LINE OF ALONN ROAD (STATE ROAD No. 907), ALSO BONG THE EAST LAE OF SW L07S 8, 9 AND 10,
SOUTH 01'58'50' EAST FOR A DISTANCE OF 103.54 FEET 70 A POW HEREW TER KNOWN AS POINT 'A'; WEAVE RUN
SOUTH W 00' 27' WEST FOR A D457ANCE OF 7.50 fEET 70 A FONT; THENCE RUN NORTH 01' 58' `.A' WEST FAR A DISTANCE OF
107.JO FEET 70 A PONT;7NEA1'.E RUN NORTH 48' 22' 12' WE57 FOR A DISTANCE OF 2355 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID LOT 10, ALSO BEING THE SOUTHERLY RIGHT OA' RAY OF 6M STREET, THENCE RUN ALONG THE
LAST OESCRBED LINE NDRTF/ 88' 00. 5J' EAST FOR A DISTANCE OF 4.54 FEET TO A NM'T OF COWMIURE OF A MCULAR CLW
CYM4".AW 70 THE SONHWfSt WAVE RUN ALONG THE ARC OF SO C'1RCULW a" To THE MIT, 84WNC A RADIUS OF 20.00
FEET,, A CENTRAL ANGLE OF 90' 00' 17, FOR AN ARC D67ANCE OF 31.42 fTET 70 A PONE OF BEGWN/NG.
TOGETHER WITH.,
PONRONS OF LOTS 2, 3, 4, AND A PORTKN4 OF THAT CERTAIN 15 FOOT ALLEY ANACENT 70 SAID LOT 2 VAC47E0
PURSUANT TO RESULUUON NUMBER 2013-28J43, ALL OF AMENDED PUT OF AOUARNM SITE RESUBWM704,, ACCOROM TO
THE PUT THEREOF, AS RECORDED N PLAT BOOK 21 AT PAGE 83 OF WE PUBLIC RECORDS OF M/AMI-DARE COUNTY,
FLORIA 806 MORE PARIIC[URLY DESCRIBED AS FOLLOWS-
COMMENCE AT THE AFOREMENTIONED POINT A'; THENCE RUN ALONG THE WESTERLY RICH7-0E-W4Y LINE OF ALTNN ROAD
(STATE ROM NO. 907), ALSO BEING THE EAST LINE OF LOTS 4, 5, 6, 7 AND e, SOUTH 01'5850' EAST FOR A DISTANCE
OF 91.88 FEET TO THE PoWT OF BEGNNNC D (p.o.e. D) OF THE FOLLOWING EASEMENT,. DIENCE RUN ALONG THE
WESTERLY R IT -OF -War LWE OF ALTON ROAD (STATE ROAD No. 907). ALSO DENG WE EAST LINE OF SAID LOTS 2, 3 ,
4 AND THE SOL"WRLY PROIECPON OF THE EAST LINE OF 5410 LOT 2 SOLO N 01' 58' 50' EAST FOR A DISTANCE OF 63.24
FEET TO A POW, THENCE RUN SOUTH W 29' 07' WEST FOR A DISTANCE OF 8.00 FEET TO A PoWT,THOMI RUN NORTH Ol'
58' 50' WEST FOR A DISTANCE' OF $3.24 FEET TO A POW,,THENCE RUN NORW 88' 29' 07' EAST FOR A DISTANCE OF 8.00
FEET 70 THE POINT OF WORM
71ff ABOVE 1456AENT AREAS COVTAW 1,483 SOUMF FEET, MORE OR LESS ALL LYING AND BEND W SECTION 03, TOWNSHIP 54
SOUTH, RANGE 42 EAST,, MAW -DACE COUNTY, FLORDA
NOTES:
1) BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING OF NORTH 01'58'50' WEST, ALONG THE CENTERLINE
OF ALTNN ROM, ALSO KNOW AS STATE ROAD 907, AS PER STATE OF FLORU DEPARn EM OF MVISPORDIDON
CORRIDOR MAP SECTION 87037 SHEET 4 OF 9, LAST REWSED 1112009.
2) PREPARED FOR TCH 500 ALONN LLC.
J) AU TlC COPIES OF W8 SKETCH ANO LEG& DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE
ATTESTING PROIMIOA14L LAND SURVEYOR.
4) THE INTENT OF THIS WATER EASEMENT lS TO ENCOMPASS THE RECENTLY NSTALLED WATER LLNE AND REUPIff
FACT& MES, AS SHOWN ON WATER AS -BUILT, PREPARED BY 30SEPH L. ApRPN, P.S.N. (COUNTY-WYDE LAND
SURWMRS INC.) AS MOVED BY CLIENT„„„,,,,,...
THE SEAL APPEARING ON THIS DOCUMENT WAS AUW MRZEO BY M4RI, 541EID.JOWSONi,P.$M 4775
+"H90,4 OF 4 SHEETS
LAND SURVEYORS -ENGINEERS -LAND KPLANNERS O- f32i40` CORPORATF WAYrdMIRA4/ry,rL
y3025
PHONE Na.(954)435-7010 L19)ER NO 217641 P✓LLAiMl /B/b PERK
W1E: MAPCH S. 2024
THUS IS NOT A ' BWNO4W SORYEY 4441TN Sh N XHNSM, P ILYJPAL,
GERIY M W AUIN0.PRAi ft. ( 7 ttP%,]9 PFOFESSCIUI 1.. CIIIMNIC:- '.i-
RESOLUTION NO. 2026-34222
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A UTILITY
EASEMENT AGREEMENT FOR WATER MAIN AND WATER METER
("EASEMENT AGREEMENT") FROM TCH 500 ALTON COMMERCIAL, LLC
("OWNERIGRANTOR") TO THE CITY ('GRANTEE"), FOR USE OF THE FOLLOWING EASEMENT AREAS ON OWNER'S PROPERTY, LOCATED AT 500
ALTON ROAD, LYING IN SECTION 03, TOWNSHIP 54 SOUTH, RANGE 42 EAST,
MIAMI-DADE COUNTY, FLORIDA: (1) EASEMENT AREA LYING IN PORTIONS
OF LOTS 8, 9, 10, OF AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION,
RECORDED IN PLAT BOOK 21, AT PAGE 83 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA (THE 'PLAT'), CONTAINING
APPROXIMATELY 979 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED
IN THE EASEMENT AGREEMENT, TO ACCESS, CONSTRUCT, INSTALL,
OPERATE, MAINTAIN, REPAIR, REPLACE, UPGRADE, RELOCATE, EXPAND,
REMOVE ANDIOR ABANDON A TWELVE (12) INCH WATER MAIN AND TWO (2)
WATER METERS AND RELATED INFRASTRUCTURE; AND (2) EASEMENT
AREA LYING IN PORTIONS OF LOTS 2, 3, 4, AND A PORTION OF THAT
CERTAIN 15 FOOT ALLEY ADJACENT TO SAID LOT 2, VACATED PURSUANT
TO RESOLUTION NO. 2013-28343, ACCORDING TO THE PLAT THEREOF,
CONTAINING APPROXIMATELY 506 SQUARE FEET, AS MORE PARTICULARLY
DESCRIBED IN THE EASEMENT AGREEMENT, TO ACCESS, CONSTRUCT,
INSTALL, OPERATE, MAINTAIN, REPAIR, REPLACE, UPGRADE, RELOCATE,
EXPAND, REMOVE ANDIOR ABANDON TWO (2) WATER METERS AND
RELATED INFRASTRUCTURE; FURTHER, AUTHORIZING THE CITY MANAGER
TO FINALIZE THE EASEMENT AGREEMENT; AND FURTHER, AUTHORIZING
THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE EASEMENT
AGREEMENT.
WHEREAS, TCH 500 Afton Commercial, LLC, a Delaware limited liability company
('OwnedGrantof) is the Owner of the property located at 500 Alton Road, Miami Beach ('Property);
and
WHEREAS, the Owner has obtained approval from the Citys Design Review Board ('DRB')
(under ORB File No. DRB18-0354), for the construction of a mixed -use building on the Owner's
Property ('Development"); and
WHEREAS, as part of the Development, the installation and long-term operation of water
utility infrastructure are necessary to provide reliable, potable water service and ensure compliance
With applicable City standards and regulatory requirements; and
WHEREAS, because portions of this water main extension and four (4) water meters and
related infrastructure will be located on Owner's Property, the City requires that Owner grant the City
the following perpetual, exclusive Essements, authorizing the City to use the following Easement
Ames:
(1) Easement Area lying in portions of Lots 8, 9, 10, of AMENDED PLAT OF AQUARIUM
SITE RESUBDIVISION, recorded in Plat Book 21, at Page 83 of the Public Records of Miami -Dade
County, Florida (the "Plat), having a width varying between seven point five (7.5) and nine (9) feet,
containing 979.0 square feet, approximately, as more particularly described in the Easement
-to
''oo wE 1ta
OR BK 35323 PG 4168
LAST PAGE
Agreement (as defined herein), to access, construct, install, operate, maintain, repair, replace,
upgrade, relocate, expand remove and/or abandon a twelve (12) Inch wetar main and two (2) water
meters and related Infrastructure, together with the non-exclusive right of ingress, egress and regress
on, over and through the Owner's Property for access to the Easement Area; and
(2) Easement Area lying in portions of Lots 2, 3, 4, and a portion of that certain 15 foot alley
adjacent to said Lot 2, vacated pursuant to Resolution No. 2013-28343, according to the Plat thereof,
measuring eight (8) foot by sixty-three point twenty-four (63.24) feel, containing 506 square feet,
approximately, as more particularly described in the Easement Agreement, to access, construct,
install, operate, maintain, repair, replace, upgrade, relocate, expand, remove and/or abandon two
(2) water meters and related Infrastructure, together with the non-exclusive right of ingress, egress
and regress on, over and through the Owner's Property for access to the Easement Area; and
WHEREAS, the City Manager recommends that the Mayor and City Commission approve,
in substantial form, the Utility Easement Agreement for Water Main and Water Meter (`Easement
Agreemenf), a draft copy of which is attached to the City Commission Memorandum accompanying
this Resolution as Exhibit'A', to ensure that the City can fulfill its responsibility to provide continuous
service, respond to emergencies, and protect public health, safety, and welfare.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve,
in substantial form, a Utility Easement Agreement for Water Main and Water Meter ("Easement
Agreement') from TCH 500 Alton Commercial, LLC(°Owner/Grentor) to the City rGrantee'), for use
of the following Easement Areas on Owner's Property, located at 500 Alton Road, lying in Section
03, Township 54 South, Range 42 East, Miami -Dade County, Florida: (1) Easement Area lying In
portions of Lots 8, 9, 10, of AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION, recorded in
Plat Book 21, at Page 83 of the Public Records of Miami -Dade County, Florida (the "Plat'), containing
approximately 979 square feet, as more particularly described in the Easement Agreement, to
access, construct, install, operate, maintain, repair, replace, upgrade, relocate, expand, remove
and/or abandon a twelve (12) inch water main and two (2) water meters and related infrastructure;
and (2) Easement Area tying in portions of Lots 2, 3, 4, and a portion of that certain 15 foot alley
adjacent to said Lot 2, vacated pursuant to Resolution No. 2013-28343, according to the Plat thereof,
containing approximately 506 square feet, as more particularly described in the Easement
Agreement to access, construct, install, operate, maintain, repair, replace, upgrade, relocate,
expand, remove and/or abandon two (2) water meters and related Infrastructure; further, authorize
the City Manager to finalize the Easement Agreement; and further, authorize the City Manager and
the City Clerk to execute the Easement Agreement.
PASSED and ADOPTED this .2A day of r � 2026.
ATTEST:
APR 2 8 2026
Rafael E. Grenatlo, Clry Clerk
I hereby certify thet the f eI ding is s
true and correct co a original a
file m this ot7ice 20
IUAN FCIWAND ARQUTN o the
Court and Comp a, C
Depu*a
e Steven Meiner, Mayor
IX.oAP oPAT[U
'A4�dF qd' F:- APPROVED AS TO
`^^-•-•-' FORM & LANGUAGE
& FOR EXECUTION
Allaney �y,�^ Dp
Mmam Pe1d01tro M311459