RESOLUTION 89-19618 RESOLUTION NO. 89-19618
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING A DEDICATION
OF A TEN (10) FOOT STORM SEWER EASEMENT LOCATED
AT THE SOUTH TEN (10) FEET OF LOT 8, BLOCK 15,
AMENDED SUNSET LAKE SUBDIVISION, PLAT BOOK 8,
PAGE 52 AND AUTHORIZING THE VACATION AND
DISCONTINUANCE OF AN EXISTING TEN (10) FOOT
STORM SEWER EASEMENT LOCATED NEAR THE
CENTERLINE OF LOT 8, BLOCK 15, AMENDED SUNSET
LAKE SUBDIVISION, AS RECORDED IN PLAT BOOK 8,
PAGE 52 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA.
WHEREAS, the present owner of Lot 8 , Block 15, Amended Sunset
Lake Subdivision, as recorded in Plat Book 8, Page 52 , of the
Public Records of Dade County, Florida has petitioned the City to
relocate a fifteen (15) inch storm sewer maintained in a ten (10)
foot storm sewer easement which runs through the center of Lot 8,
Block 15, described as follows:
A strip of land ten foot (10 ' ) wide; the center of the
said ten foot (10 ' ) strip being a straight line running
from a point on the West line of North Bay Road and
fifty-nine feet (59 ' ) Northerly of the Southeast corner
of Lot 8, Block 15, to a point on the West line of the
said Lot 8, Block 15 and sixty-three feet (63 ' ) Northerly
of the Southwest corner of the said Lot 8, Block 15, all
in Sunset Lake Subdivision, as per Amended Plat recorded
in Plat Book 8, Page 52 , of the Public Records of Dade
County, Florida; and
WHEREAS, the owner of Lot 8, Block 15, has agreed to dedicate
a ten (10) foot utility easement to the City of Miami Beach on the
south ten (10) feet of Lot 8 , Block 15, which will be clear of all
encroachments and obstructions and legally described as follows:
A strip of land ten feet (10 ' ) wide; the center of the
said ten foot (10 ' ) strip being a straight line running
from a point on the West line of North Bay Road and five
feet (5 ' ) Northerly of the Southeast corner of Lot 8,
Block 15, to a point on the West line of the said Lot 8,
Block 15, and five feet (5 ' ) Northerly of the Southwest
corner of the said Lot 8, Block 15, all in Sunset Lake
Subdivision, as per Amended Plat recorded in Plat Book
8, Page 52 , of the Public Records of Dade County,
Florida; and
WHEREAS, the owner of Lot 8, Block 15, agrees to pay all costs
associated with the relocation and construction of a new fifteen
(15) inch storm sewer to be located in the dedicated easement
described above, pursuant to plans and specifications approved by
the City of Miami Beach and any other governmental agency having
jurisdiction over this matter; and
1
WHEREAS, upon completion of the relocation of the fifteen (15)
inch storm sewer the City will have no need or use for the utility
easement currently located near the centerline of Lot 8, Block 15
and the vacation and discontinuance of the existing utility
easement will be non-injurious to the interests of the City of
Miami Beach and the general public; and
WHEREAS, the Public Works Department recommends that the City
accept the ten (10) foot storm sewer easement located on the
southern ten (10) feet of Lot 8, Block 15, as depicted in Exhibit
"A" attached hereto; and
WHEREAS, the Public Works Department recommends that the City
vacate and discontinue the ten (10) foot storm sewer easement
located near the centerline of Lot 8, Block 15, as depicted in
Exhibit "A" attached hereto, conditioned upon the occurrence and
completion of the following:
1. The execution by the owner of Lot 8 , Block 15, and
acceptance by the City of a ten (10) foot permanent utility
easement to be located on the south ten (10) feet of Lot 8, Block
15, Amended Sunset Lake Subdivision, Plat Book 8 , Page 52 ,
described as follows:
A strip of land ten feet (10 ' ) wide; the center of the
said ten foot (10 ' ) strip being a straight line running
from a point on the West line of North Bay Road and five
feet (5 ' ) Northerly of the Southeast corner of Lot 8,
Block 15, to a point on the West line of the said Lot 8,
Block 15, and five feet (5 ' ) Northerly of the Southwest
corner of the said Lot 8, Block 15, all in Sunset Lake
Subdivision, as per Amended Plat recorded in Plat Book
8, Page 52 , of the Public Records of Dade County,
Florida.
2 . The complete relocation of the fifteen (15) inch storm
sewer currently located in the ten (10) foot easement described
below, to the dedicated easement describe above, at the sole cost
and expense of the owner of Lot 8, Block 15, pursuant to plans and
specifications approved by the City of Miami Beach or other
government agencies having jurisdiction in this matter:
A strip of land ten foot (10 ' ) wide; the center of the
said ten foot (10 ' ) strip being a straight line running
from a point on the West line of North Bay Road and
fifty-nine feet (59 ' ) Northerly of the Southeast corner
of Lot 8 , Block 15, to a point on the West line of the
said Lot 8, Block 15, and sixty-three feet (63 ' )
Northerly of the Southwest corner of the said Lot 8 ,
2
Block 15, all in Sunset Lake Subdivision, as per Amended
Plat recorded in Plat Book 8, Page 52 , of the Public
Records of Dade County, Florida.
3 . Proper abandonment of the existing storm sewer by the
owner of Lot 8, Block 15.
NOW THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, accepts the dedication of a ten
(10) foot utility easement located at south ten (10) feet of Lot
8 , Block 15, Amended Sunset Lake Subdivision, as recorded in Plat
Book 8 , Page 52 , of the Public Records of Dade County, Florida and
hereby vacates and discontinues all rights, title and interest in
the ten (10) foot storm sewer easement located near the centerline
of Lot 8, Block 15, Amended Sunset Lake Subdivision, as recorded
in Plat Book 8, Page 52 , of the Public Records of Dade County,
Florida, however, said vacation and discontinuance does not become
effective until the complete relocation of the fifteen (15) inch
storm sewer at the sole cost and expense of the owner of Lot 8,
Block 15, pursuant to plans and specifications approved by the City
of Miami Beach or other government agency have jurisdiction in this
matter and the proper abandonment of the existing storm sewer by
the owner of Lot 8 , Block 15 has occurred.
PASSED and ADOPTED this 24th Day of May, 1989 /
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ATTEST:
).2)) ‘///a4,--k,
CITY CLERK
FORM APPROVED
LEGAL DEPARTMENT
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DATE SP&AP,
JLM/rlw
REF: 1\STORMSEW.RES
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EASEMENT DEED
This deed made this 25th day of May, 1989 between the City of
Miami Beach, a Florida municipal corporation, having its principal
place of business at 1700 convention Center Drive, Miami Beach,
Florida, hereinafter referred to as the "City", and Nelson Fox, a
single person, having its principal address is 2108 North Bay Road,
Miami Beach, Florida,
WITNESSET H:
That Nelson Fox, for and in consideration of the sum of Ten
Dollars ($10. 00) , to it in hand paid by the "City" , the receipt
whereof is hereby acknowledged, hereby grants, sells and conveys
to the "City" , it successors and assigns forever, a irrevocable
non-exclusive easement under and upon the land situate, lying and
being in the County of Dade and State of Florida, to wit:
A strip of land ten feet (10 ' ) wide; the center of the
said ten foot (10 ' ) strip being a straight line running
from a point on the West line of North Bay Road and five
feet (5 ' ) Northerly of the Southeast corner of Lot 8,
Block 15, to a point on the West line of the said Lot 8,
Block 15, and five feet (5 ' ) Northerly of the Southwest
corner of the said Lot 8, Block 15, all in Sunset Lake
Subdivision, as per Amended Plat recorded in Plat Book
8, Page 52, of the Public Records of Dade County,
Florida.
To have and to hold the said easement solely for the purpose
of installing, maintaining and repairing subsurface storm sewers
or other subsurface utilities.
Grantor agrees to contract for and pay all costs associated
with the complete relocation and construction of a new fifteen (15)
inch storm sewer to be located in the dedicated easement described
above, pursuant to plans and specifications approved by the City
of Miami Beach and other government agencies having jurisdiction
in this matter.
Grantor agrees to indemnify, defend and hold harmless the
Grantee, from any and all suits, actions, legal or administrative
e.40 _ . , MI5
„. .
1 1
proceedings, claims, demands, damages, interest, attorney' s fees,
and costs for any injury, loss of life or damage to any property
arising from the relocation and construction of the new fifteen
(15) inch storm sewer in the dedicated easement described above.
Grantor agrees that it will not erect, construct or install
any structure, improvement or landscaping under, across or on the
Easement Area without the specific written authority of City which
authority will not be unreasonably withheld or delayed.
This Grant of Easement shall inure to the benefit of and be
binding upon Grantor and Grantee, and their respective successors
and assigns.
IN WITNESS WHEREOF, we have hereunto set out hands and seals
at Miami Beach, Dade County, Florida this day of )bh
1989 .
e. z/
( I -
WITNESS Nelson Fox, a single person
W TNES•
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared Nelson Fox to me known
to be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this aO day of , 1989.
My Commission Expires:
L/7/4_,
NOTARY PUBLIC, STATE Off'..FLORIDA .
f:43TT,P.Y PU't Ir. STAVT r,(R!A
r' U T(in
Prepared by: City Attorney's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7470 FORM APPROVED
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LEtALDEPT.REF: 16\EASEMEN1. DED
B36-)"1 tz-:4/)f
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.CHIR ltll i ik,��i.� L r/511 Date . i
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1989 lin -2 PM 2: 1 1 3jfli
REC. 9
319Z
RESOLUTION NO. 89-19618
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING A DEDICATION
OF A TEN (10) FOOT STORM SEWER EASEMENT LOCATED
AT THE SOUTH TEN (10) FEET OF LOT 8, BLOCK 15,
AMENDED SUNSET LAKE SUBDIVISION, PLAT BOOK 8,
PAGE 52 AND AUTHORIZING THE VACATION AND
DISCONTINUANCE OF AN EXISTING TEN (10) FOOT
STORM SEWER EASEMENT LOCATED NEAR THE
CENTERLINE OF LOT 8, BLOCK 15, AMENDED SUNSET
LAKE SUBDIVISION, AS RECORDED IN PLAT BOOK 8,
PAGE 52 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA.
WHEREAS, the present owner of Lot 8, Block 15, Amended Sunset
Lake Subdivision, as recorded in Plat Book 8, Page 52 , of the
Public Records of Dade County, Florida has petitioned the City to
relocate a fifteen (15) inch storm sewer maintained in a ten (10)
foot storm sewer easement which runs through the center of Lot 8,
Block 15, described as follows:
A strip of land ten foot (10 ' ) wide; the center of the
said ten foot (10' ) strip being a straight line running
from a point on the West line of North Bay Road and
fifty-nine feet (59 ' ) Northerly of the Southeast corner
of Lot 8, Block 15, to a point on the West line of the
said Lot 8, Block 15 and sixty-three feet (63 ' ) Northerly
of the Southwest corner of the said Lot 8, Block 15, a l l
in Sunset Lake Subdivision, as per Amended Plat recorded
in Plat Book 8, Page 52, of the Public Records of Dade
County, Florida; and
WHEREAS, the owner of Lot 8, Block 15, has agreed to dedicate
a ten (10) foot utility easement to the City of Miami Beach on the
south ten (10) feet of Lot 8, Block 15, which will be clear of all
encroachments and obstructions and legally described as follows:
A strip of land ten feet (10' ) wide; the center of the
said ten foot (10 ' ) strip being a straight line running
from a point on the West line of North Bay Road and five
feet (5 ' ) Northerly of the Southeast corner of Lot 8,
Block 15, to a point on the West line of the said Lot 8,
Block 15, and five feet (5' ) Northerly of the Southwest
corner of the said Lot 8, Block 15, all in Sunset Lake
Subdivision, as per Amended Plat recorded in Plat Book
8, Page 52, of the Public Records of Dade County,
Florida; and
WHEREAS, the owner of Lot 8, Block 15, agrees to pay all costs
associated with the relocation and construction of a new fifteen
(15) inch storm sewer to be located in the dedicated easement
described above, pursuant to plans and specifications approved by
the City of Miami Beach and any other governmental agency having
jurisdiction over this matter; and
1
kEC, 91C3
WHEREAS, upon completion of the relocation of the fifteen (15)
inch storm sewer the City will have no need or use for the utility
easement currently located near the centerline of Lot 8, Block 15
and the vacation and discontinuance of the existing utility
easement will be non-injurious to the interests of the City of
Miami Beach and the general public; and
WHEREAS, the Public Works Department recommends that the City
accept the ten (10) foot storm sewer easement located on the
southern ten (10) feet of Lot 8, Block 15, as depicted in Exhibit
"A" attached hereto; and
WHEREAS, the Public Works Department recommends that the City
vacate and discontinue the ten (10) foot storm sewer easement
located near the centerline of Lot 8, Block 15, as depicted in
Exhibit "A" attached hereto, conditioned upon the occurrence and
completion of the following:
1. The execution by the owner of Lot 8, Block 15, and
acceptance by the City of a ten (10) foot permanent utility
easement to be located on the south ten (10) feet of Lot 8, Block
15, Amended Sunset Lake Subdivision, Plat Bock 8, Page 52,
described as follows:
A strip of land ten feet (10' ) wide; the center of the
said ten foot (10 ' ) strip being a straight line running
from a point on the West line of North Bay Road and five
feet (5 ' ) Northerly of the Southeast corner of Lot 8,
Block 15, to a point on the West line of the said Lot 8,
Block 15, and five feet (5' ) Northerly of the Southwest
corner of the said Lot 8, Block 15, all in Sunset Lake
Subdivision, as per Amended Plat recorded in Plat Book
8, Page 52, of the Public Records of Dade County,
Florida.
2 . The complete relocation of the fifteen (15) inch storm
sewer currently located in the ten (10) foot easement described
below, to the dedicated easement describe above, at the sole cost
and expense of the owner of Lot 8, Block 15, pursuant to plans and
specifications approved by the City of Miami Beach or other
government agencies having jurisdiction in this matter:
A strip of land ten foot (10' ) wide; the center of the
said ten foot (10 ' ) strip being a straight line running
from a point on the West line of North Bay Road and
fifty-nine feet (59 ' ) Northerly of the Southeast corner
of Lot 8, Block 15, to a point on the West line of the
said Lot 8, Block 15, and sixty-three feet (63 ' )
Northerly of the Southwest corner of the said Lot 8,
2
ILC. ! If I L.JJUJ J JLf
Block 15, all in Sunset Lake Subdivision, as per Amended
Plat recorded in Plat Book 8, Page 52, of the Public
Records of Dade County, Florida.
3 . Proper abandonment of the existing storm sewer by the
owner of Lot 8, Block 15.
NOW THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, accepts the dedication of a ten
(10) foot utility easement located at south ten (10) feet of Lot
8, Block 15, Amended Sunset Lake Subdivision, as recorded in Plat
Book 8, Page 52, of the Public Records of Dade County, Florida and
hereby vacates and discontinues all rights, title and interest in
the ten (10) foot storm sewer easement located near the centerline
of Lot 8, Block 15, Amended Sunset Lake Subdivision, as recorded
in Plat Book 8, Page 52, of the Public Records of Dade County,
Florida, however, said vacation and discontinuance does not become
effective until the complete relocation of the fifteen (15) inch
storm sewer at the sole cost and expense of the owner of Lot 8,
Block 15, pursuant to plans and specifications approved by the City
of Miami Beach or other government agency have jurisdiction in this
matter and the proper abandonment of the existing storm sewer by
the owner of Lot 8, Block 15 has occurred.
MAY•`—
ATTEST:
1421: 46,AgLAel
CITY ,CLERK
FORM APPROVED
LEGAL DEPARTMENT
DATE `8 gv
JLM/rlw
REF: 1\STORMSEW.RES
3
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FLORIDA 3 3 1 3 9
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 1,
DATE: May 24, 1989
TO: Mayor Alex Dao • and
Members of e City Comm'.si•
FROM: Rob W. Par ins 101F '/
City Manager , ,/1��
9
SUBJECT: REQUEST FOR • BANDONMENT OF EXISTING TEN FOOT (10')
EASEMENT NEAR CENTER LINE OF LOT 8, BLOCK 15, AMENDED
SUNSET LAKE SUBDIVISION, PLAT BOOK 8, PAGE 52 (2108 NORTH BAY
ROAD)
The owner of the above-captioned property has requested the City to
abandon the Storm Sewer Easement described above, to allow for
construction in his property. The existing easement is occupied by a
fifteen inch (15") Storm Sewer.
The Public Works Department has reviewed the request and has no
objection to the abandonment, providing the owner of the land agrees to
dedicate a new ten foot (10') easement along the south property line. The
south ten feet (10') of Lot 8, Block 15, of Sunset Lake Subdivision. The new
easement is to be free of encroachments and obstructions and properly
recorded. Additionally, the owner is to pay all costs for construction of a
new fifteen inch (15") Storm Sewer and properly abandon the existing
fifteen inch (15") Storm Sewer.
ADMINISTRATION RECOMMENDATION:
That the existing ten foot (10') easement be abandoned, and in exchange,
the owner dedicate a ten foot (10') Storm Sewer Easement as indicated on
the attached sketch and pay all costs for construction of a new fifteen
(15") inch Storm Sewer and abandon the existing fifteen (15") inch Storm
Sewer.
RWP/RAG/nkm
Attachment
27
AGENDA Li
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AMENDED SoNSE7 LAKE Sui3.
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ORIGINAL
RESLOUTION NO. 89-19618
Accepting a dedication of a ten (10) foot
storm sewer easement located at the south
ten (10) feet of Lot 8, Block 15, amended
Sunset Lake Subdivision, Plat Book 8,
page 52 and authorizing the vacation and
discontinuance of an existing ten (10)
foot storm sewer easement located near
the centerline of Lot 8, Block 15,
amended Sunset Lake Subdivision, as re-
corded in Plat Book 8, page 52 of the
public records of Dade County, Florida.