RESOLUTION 92-20592 RESOLUTION NO. 92-20592
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A
DEDICATION OF AN UNDERGROUND UTILITY EASEMENT
LOCATED ON TRACT 3, AND WESTERLY EXTENSION OF
TRACT 3 OF THE BATH CLUB PROPERTY, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 40,
PAGE 14, DADE COUNTY PUBLIC RECORDS, FLORIDA,
AND AUTHORIZING THE VACATION AND
DISCONTINUANCE, SUBJECT TO FULFILLMENT OF
CERTAIN CONDITIONS, OF AN EXISTING EASEMENT
LOCATED ON THE SAME PROPERTY.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, THAT,
WHEREAS, the present owner (hereinafter the "Owner") of the
property described as Tract 3 , and Westerly extension of Tract 3 ,
of the Bath Club Property, according to the Plat thereof, recorded
in Plat Book 40, Page 14, Dade County Public Records, Florida, has
petitioned the City of Miami Beach (the "City") to relocate and
vacate underground utility easement which was granted by Grant of
Easements executed by the BATH CLUB, a Florida corporation, as
Grantor, in favor of the City, its successors and assigns dated,
the 28th day of July, 1938 , and recorded in Plat Book 40, at Page
14 and, dated the 2nd day of April, 1966, and recorded in O.R. Book
5719, at Page 491, Dade County Public Records, Florida, which
easements are described on a copy attached hereto as Exhibit "1"
and made a part hereof by reference (the "Easement To Be Vacated") ;
and
WHEREAS, the Owner has agreed to dedicate a new easement to
the City which will be clear of all encroachments and obstructions
and which is described on Exhibit "2" attached hereto and made a
part hereof by reference (the "New Easement") ; and
WHEREAS, the Owner has agreed to perform all work and pay all
costs associated with the relocation and construction of the
utility lines which are presently located in the Easement To Be
Vacated and which will be relocated in the New Easement, including
recording of instruments pursuant to plans and specifications
approved by the City and any other governmental agency having
jurisdiction of the matter; and
WHEREAS, upon completion of the relocation and/or construction
of the utility lines into the New Easement, the City will have no
need or use for the Easement To Be Vacated and the vacation and
discontinuance of the Easement To Be Vacated will be non-injurious
to the interest of the City and the general public; and
WHEREAS, the Public Works Department recommends that the City
accept the New Easement, as depicted in the Grant of Easement
attached as Exhibit "2" ; and
WHEREAS, the Public Works Department recommends that the City
vacate and discontinue the Easement To Be Vacated, conditioned upon
the occurrence and completion of the following:
1) The execution by the Owner and acceptance by the City of
the New Easement;
2) The complete relocation and/or removal of the utility
lines currently located in the Easement To Be Vacated;
3) Proper abandonment by the Owner of the existing utility
lines in the Easement To Be Vacated.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that it accepts the dedication of
the New Easement and hereby vacates and discontinues all rights,
title and interest in the Easement To Be Vacated, however, said
vacation and discontinuance does not become effective until the
complete relocation of the utility lines has been effectuated at
the sole cost and expense of the Owner, pursuant to plans and
specifications approved by the City and other government agencies
having jurisdiction in this matter and the proper abandonment of
the existing utility lines.
PASSED and ADOPTED this 16t . :17 of Septemb-r , 19 .
',
MAYO'
ATTEST:
kc tkp.",A FIRM APPROVED
CITY CLERK c LEGAL DEPT.
PNB: lm By
C:RESOLUTI\EASEMENT.TR3 9 ?,
Date
2
T '
CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
TELEPHONE: (305) 673-7010
OFFICE OF
THE CITY MANAGER FAX: (305) 673-7782
COMMISSION MEMORANDUM NO.
TO: Mayor Seymour Gelber and
DATE: Sept. 2, 1992
Members of the City Commission
FROM: Roger M. Cartto(nt./6
City Manager
T: EXCHANGE OF UTILITY
EASEMENTS AND RELOCATION OF 30"
SUBJECT:
SANITARY SEWER FORCE MAIN - TRACT 3, BATH CLUB
PROPERTY, 5900 COLLINS AVENUE
ADMINISTRATION RECOMMENDATION:
• the CityCommission approve the exchange of
The Adnninistration recommends that hi as
easements with Edel
International Developers, Ltd., a Florida limited partnership
in The owner agrees to pay all costs associated with
indicated the attached sketch. �
construction of a new 30" sanitary sewer force main and abandoning the existing 30" sanitary
sewer force main, including recording of instruments.
BACKGROUND:
Ltd.,is proposing construction of a new condominium building
Edel International Developers, P P g
r theyown on the west side of Collins Avenue at 59th Street.
There is a 30"
on property
main existingin a 10' wide easement across the center of the property.
sanitary sewer force agreed
owner has requested that the City agree to an exchange of easements and has g
reed to
is involved includin relocation of the City force main and an existing gas main.
pay all cos g
ANALYSIS:
Cityrequest and approved the construction drawings for the relocation
staff has evaluated the PP
Written relies have been received from the utility companies concurring
with the
work. p
easement exchange.
CONCLUSION:
The exchange of easements and relocation of the 30" force main should be approved with the
owners of the property p yl g a 'n all costs.The existing easement should be vacated and the new
easement should be accepted.
RMC/RAG/DR/b
Attachment
C:\bis\cm-resol\Ede12
AGENDA
ITEM_a____-
DA E
•
RANT F EVENT
r/ of of 2TL -_i 1992
gAS MENT made thisJ 'day co ration,
THIS GRANT OF a Florida mun lc ipa l Z'po
between the CITY OF BSM' 1700 Convention Center
itsprincipalplace of business at as the 'City"
having prin P hereinafter referred to
Drive, Miami Beach, Florida ( �, a )
Florida limited
DEVELOPERS,
and EDEL INTERNATIONAL 1111 Lincoln Road, Miami
whose principal address is
eferred to as the 'Grantor' ) .
partnership, (hereinafter r
Beach, Florida 33139
W I T N $ S E T H
inconsideration of the sum of Ten
That the Grantor, for and in hand paid by the City, the receipt
to it Y
($10 . 00) Dollars,
whereof is hereby acknowledged,d ed, hereby grants, sells and conveys it its successors and assigns forever:
to the C y r
A perpetual easement and right of way to lay,
install and maintain underground utilities in,
over, under
and across the following described
property, to-wit:
See Exhibits 'A' and "B" attached hereto and
part a hereof by reference for a
description of the easement property.
withof free ingress and egress to, in and
Together the right proper
and necessary
upon and under said land to do all that may be reasonablyr
P for the purposes of installing, repairing,
• and replacing such underground utilities.
maintaining P
to (i) contract for or perform all work and
The Grantor agrees associated with the complete relocation and/or
all costs
(ii) pay utilitylines to
construction of underground be located in the
dedicated easement described above, pursuant to plans and
specifications approved byGrantor, the City and other government
pp
agencies having jurisdiction in this matter.
Grantor agrees that it will not erect, construct or install
improvement of landscaping under, across or on • t-h3
any structure, P specific written authority of City.
dedicated easement without the
In the event the City approves any structure, improvement or
landscaping
under, accross or on the dedicated easement and
thereafter the City disturbs any such structure, improvement or
for the purpose of monitoring, repairing•or replacing
landscaping
underground utility, then Grantor, and not the City, shall be
the g Y
responsible for restoring any affected structure, improvement: or
landscaping at Grantor' s sole cost and expense.
This Grant of Easement shall inure to the benefit of and be
binding upon on the City and the Grantor, and their respective
successors and assigns.
IN WITNESS WHEREOF, Grantor has hereunto set its hand and :;ea l
t Florida, his /`f 7h day of \n/ `/
at Miami Beach, Dade County,
1992 .
EDEL INTERNATIONAL DEVELOPERS, LTD. ,
a Florida limited partnership
By: EDEL EQUITIES, INC. ,
a Florida corporation
geieralAt artner
By: + --- --
Leo Rose, Jr. V *- Pres ident
By: •
• 'cardo M e• :r, Asst. Secretary
1 Th1
EXHIBIT "2"
STATE OF FLORIDA )
COUNTY OF DADE )ss. :
I HEREBY CERTIFY that LEO ROSE, JR. and RICARDO MUCENIC,
respectively,
as Vice-President and Assistant Secretary of EDE L
EQUITIES, INC. , a Florida corporation, General Partner of EDEL
INTERNATIONAL
N LTD. , a Florida limited partnership, to
I NTERNAT I OI�IAL DEVELOPERS,
me known, this day acknowledged before me that they executed the
aforegoingaffixed
instrument as such officers of said corporation, and
theyof f ixed thereto the official seal of said corporation; and I
FURTHER CERTIFY that I know the said persons making sail
acknowledgment to be the individuals described in and who executes
the said instrument.
WITNESS my handAnd officials al in the County and State last
aforesaid this /'1t'b' day of .71;1/ 4/ , 1992 .
449'4;14 12?..4..t..)6 /-
NOTARY �t :LIC IN AND FOR THE
STATE . FLORIDA
/ 0 4 S .fie° v •G leht 7 z--
MY COMMISSION EXPIRES:
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St- DORIS
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•
EAS
E NT TO BE VACATE D
e of the ten foot easement
apoint on the center line din to the plat
Commence at BATH CLUB PROPERTY, according Records
located in Tract 3 of '� Page 14 of the public
recorded in Plat Book 40, the original Right-
of-Way
Dad thereof, rids said point being on 14
o f Dade County, Florida,
Drive• thence run North 89 Degrees
o f-Wa line o f Indian Creek ' line o f the above
Y
Minutes
30 Seconds West, along the center75 feet to the
easement for a distance of 2 .
mentioned ten foot on the present Westerly
POINT OF BEGINNING, said point locatedrun Southerly
thence
t-fof-Wa line of Indian Creek Drive;
R�gh y concave Easterly, having a radius
along the arc of a circular curve 0 Degrees 27 K.inute� 4 8
0 feet and a central angle of t located
of 619 0 said poin
for a distance of 5.01 feet to a point,
Seconds Right-of-Way line
on the present Westerly Right Y of Indian Creek Drive;
thence
run North 89 Degrees 14 Minutes 30 Seconds West, along thef Tract
Southerly line
of the above mentioned ten foot easement o
3 for a distance of 83.47 feet to a point on the West line of said
Tract t 3;, thence run South 1 Degree 45 Minutes 16 Seconds East,
t o
along the West line of said Tract 3 for a distance of 1.08 feet
a point,
. thence run SouthDegrees 53 De ees 30 Minutes 30 Seconds West alongthe Southerly line of an easement described in Dade County
4 1 for a distance of 15.58
Record Book 5719, Page feet to a point,9
said point being 13.00
feet Easterly (measuredat right angle) of
the Westerly propertyline of the Submerged Land (now
Degrees 24 Minutes 48 Seconds East, 13.00 feet
thence run North 0 4 qr
Easterly and parallel to the Westerly line of the Submerged Land
(now filled) ,
for a distance of 26.46 feet to a point; thence run
Minutes 30 Seconds East along the Northerly
North 53 Degrees 30
line of an easement described in Dade County Record Book 5719, Page
491 for a distance of 12. 12 feet to a point located on the Westerly
c t 3; thence run South 01 Degree 45 Minutes 16
line o f said Tract
Seconds East, along the Westerly line of said Tract 3 for a
of 13.2 5 feet to a point; thence run South 89 Degrees 14
distance ,�� ,�� the Northerly lire of the above
Minutes 30 Seconds Ear..., alo g :.he No_.•.hurl
mentioned
ten foot easement in Tract 3 for a distance of 84 .46 feet
to a point located on the present Westerly Right-of-Way line of
• Southerly, along the arc of a
Indian Creek Drive; thence run
circular curve, concave Easterly (said course being the present
Westerly Right-of-Way ht-of-Way line of Indian Creek Drive) , having a radius
of 619.00 feet and a central angle of 0 Degrees 27 Minutes 48
Seconds for a distance of 5.01 feet to the POINT OF BEGINNING.
EXHIBIT "1"
n9
EXHIBIT ""
NEW EASEMENT
CommenceP.O.C. at the Northeasterly corner of Tract 3, THE BATH
( � 40, Page 14, Public Records
CLUB PROPERTY, recorded in Plat Book g
of Dade County, Florida, thence run Southerly, along the arc of a
circular curve concave Westerly and tangent to the original
Westerly Right-of-Way line of Indian Creek Drive, having a radius
of 581. 00 feet and a central angle of 01 Degrees 59 Minutes 11
Seconds for a distance of 10.00 feet to a point, said point located
on the present Right-of-Way line of Indian Creek Drive and also
being the POINT OF BEGINNING (P.O.B. ) ; thence run North 89 Degrees,
14 Minutes 30 Seconds West, along a line 10.00 feet Southerly and
parallel to the North line of the above mentioned Tract 3 and its
Westerly extension for a distance of 114 .38 feet to a point located
on the Westerly boundary of the Submerged Land (now filled) ; thence
run South 04 Degrees 24 Minutes 48 Seconds West, along the Westerly
boundary of said Submerged Land (now filled) , for a distance of
226 . 16 feet to a point; thence run North 74 Degrees 47 Minutes 30
Seconds East for a distance of 0.25 feet to a point; thence run
North 53 Degrees, 30 Minutes 30 Seconds East, along the Southerly
line of an easement described in Record Book 5719 at Page 491, for
a distance of 16 . 89 feet to a point; thence run North 04 Degrees
24 Minutes 48 Seconds East, along a line 13.00 feet Easterly and
parallel to the Westerly boundary of the Submerged Land (now
filled) for a distance of 195.80 feet to a point; thence run South
89 Degrees 14 Minutes 30 Seconds East along a line 20.00 feet
Southerly and parallel to the Northerly line of the above mentioned
Tract 3 for a distance of 102 .07 feet to the point of intersection
with the present Westerly Right-of-Way line of Indian Creek Drive;
thence run Northerly along the arc of a circular curve concave
Westerly (said course being the present Westerly Right-of-Way line
of Indian Creek Drive) , having a radius of 581.00 feet, and a
central angle of 00 Degrees 59 Minutes 11 Seconds for a distance
of 10.00 feet to the POINT OR BEGINNING.
n:\work\irbedeLexa
January 18, 1996
On February 17, 1993, the attached recorded easement (easement will be found behind
this letter) was received from the Public Works Department. After recovering the
authorizing Resolution (Resolution No. 92-20592 attached) from the City Clerk's office
files, it was detected that the easements attached had a couple of conflecting dates.
Both documents were taken to the Public Works department and reviewed by Gary Kokorian
and Domingo Rodriguez.
These documents will be reviewed and corrected by the Public Works department.
tt4;e',Y/(4.).06e4441*Itiv)
Mercy illiams
Administrative Aide
•
! çEIVED
FRk s nF�r
CITY OF MIAMI BEACH
OCT29 1992
By
To: Richard E. Brown Time
City Clerk -`�
From: Patrick N. Brown
First Assistant City Attorney
Transactions
Date: October 29, 1992
Subject: Edel International Developers, Ltd. - 5900 Collins Avenue
Easement Exchange
Attached please find original recorded Grant of Easement.
PNB: lm
Encl.
tifje,,c( Oo a M��'
Iry 1� @,.., L) -(- '
•
• ••
THEM/EL BAISDEN & MEYER.
WEISS
L. JULES ARKIN ATTORNEYS AT LAW
JULIAN R. BENJAMIN IIII LINCOLN ROAD MALL
NICHOLAS M. DANIELS
DAVID DARLOW SUITE 500
LYLE D. HOLCOMB, JR. MIAMI BEACH,FLORIDA 33139-2491
DAVID A. McKIBBIN FRED R. BAISDEN 1903-1971)
ELLEN ROSE TELEPHONE (305) 672-1921 BARON DE HIRSCH MEYER (1899-1974)
LEO ROSE, JR. TELECOPIER(305) 674-0807 CATCHINGS THERREL (1890-1971)
DAVID I. SAFER MILTON WEISS (1913-1980)
FRED R. STANTON
RICHARD A. WOOD OF COUNSEL
BRUCE E. LAZAR
WILLIAM H. NEWTON, III
October 20, 1992
Patrick N. Brown, Esq.
Office f the City Attorney
City of Miami Beach
1700 Convention Center Drive
Fourth Floor
Miami Beach, Florida 33139
Re: Edel International Developers, Ltd.
Dear pat:
Enclosed herewith are copies of
recorded in O.R. p the City Resolution which has been
Book 15676, at Page 2551, Dade
Records and the Grant of Easement County Public
Book 15676, at Page which has been recorded in O.R.
2555, Dade County Public Records .
Thanks for your help in this matter.
Sincerely,
THERREL BAISDEN & MEYER WEISS
C ,L
Leo Rose, Jr.
LR:br
Enclosure:
EL International Developers, Ltd. • •..
A t
1393 F
E8
a _
1)8 •
February 17 , 1993 . �' 3 �-, j• j
C1�
7
Mr. Domingo Rodriguez
Assistant Public Works Director
Public Works Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL - 33139
Re: 5900 Collins Ave.
Dear Mr. Rodriguez,
Enclosed please find, as per your request, a copy of the recorded
Grant of Easement for the property above.
Sincerely,
ter_.,...............,.....�_�
Ricard enic
1 1 1 1 Lincoln Road Mall, Suite 750 - Tel: (305) 672-0033 / Fax: (305) 672-8509 - Miami Beach - FL - 33139 1
15676P255 I
REll
o_‘1_ sr3\i
X111 1�IN �tk.0
W�
X11 bt°1'
RESOLUTION NO. 92-20592
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A
DEDICATION OF AN UNDERGROUND UTILITY EASEMENT
LOCATED ON TRACT 3, AND WESTERLY EXTENSION OF
TRACT 3 OF THE BATH CLUB PROPERTY, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 40,
PAGE 14, DADE COUNTY PUBLIC RECORDS, FLORIDA
AND AUTHORIZING THE VACATION AND
DISCONTINUANCE, SUBJECT TO FULFILLMENT OF
CERTAIN CONDITIONS, OF AN EXISTING EASEMENT
LOCATED ON THE SAME PROPERTY.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, THAT,
WHEREAS, the present owner (hereinafter the "Owner") of
the
property described as Tract 3 , and Westerly extension of Tract 3,
of the Bath Club Property, according to the Plat thereof, recorded
in Plat Book 40, Page 14 , Dade CountyPublic Records, Florida, has
petitioned the City of Miami Beach (the "City")y ) to relocate and
vacate underground utility easement which wasranted
g by Grant of
Easements executed by the BATH CLUB, a Florida corporation,p ion, as
Grantor, in favor of the City, its successors and assigns g s datea,
the 28th day of July, 1938, and recorded in Plat Book '
40, at Page
14 and,' dated the 2nd day of April, 1966, •
pand recorded in O.R. Book
5719 , at Page 491, Dade County Public Records, Florida, which
easements are described on a copy attached hereto as Exhibit "1"
and made a part hereof by reference (the "Easement To Be Vacated") ;
and
WHEREAS, the Owner has agreed to dedicate a new easement to
the City which will be clear of all encroachments and obstructions
and which is described on Exhibit "2" attached hereto and
made a
part hereof by reference (the "New Easement") ; and
WHEREAS, the Owner has agreed to perform all work andP Y a all
costs associated with the relocation and construction of the
utility lines which are presently located in the Easement To Be
Vacated and which will be relocated in the New Easement, including
recording of instruments pursuant to •
plans and specifications
approved by the City and any other governmental agency having
y
jurisdiction of the matter; and
/0
. g1i56T6Z55Z
WHEREAS, upon completion of the relocation and/or construction
of the utility lines into the New Easement, the City will have no
need or use for the Easement To Be Vacated and the vacation and
discontinuance of the Easement To Be Vacated will be non-injurious
to the interest of the City and the general public; and
WHEREAS, the Public Works Department recommends that the City
accept the New Easement, as depicted in the Grant of Easement
attached as Exhibit "2" ; and
WHEREAS, the Public Works Department recommends that the City
vacate and discontinue the Easement To Be Vacated, conditioned upon
the occurrence and completion of the following:
1) The execution by the Owner and acceptance by the City of
the New Easement;
2) The complete relocation and/or removal of the utility
lines currently located in the Easement To Be Vacated;
3) Proper abandonment by the Owner of the existing utility
lines in the Easement To Be Vacated.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that it accepts the dedication of
the New Easement and hereby vacates and discontinues all rights,
title and interest in the Easement To Be Vacated, however, said
vacation and discontinuance does not become effective until the
complete relocation of the utility lines has been effectuated at
the sole cost and expense of the Owner, pursuant to plans and
specifications approved by the City and other government agencies
having jurisdiction in this matter and the proper abandonment of
the existing utility lines.
PASSED and ADOPTED this 16t • :y of Septemb-r , 19:
OF
MAYO'
ATTEST:
,,.....__e
FbRM APPROVED
s 0-v01/4 .,-_.
CITY CLERK .LE3DEPT.
1( S =OF FLORIDA .
PNB: lm COUNTY OF DADE: .
C:RESOLUTI\EASEMENT.TR
RICHARD E. BROWN '�
, C�,t�y.,.� rk�eo
�t of Miami Bead , Florida, do. ere�a rut,
`` co
that the above ipcilaidWCatig.,ii. aw� rue andrect co of tti rigih i theref Qon file in this ,
office. t, , ,
h d,,ar ; Isof:$aid City
•
WITNESS, , ,
th ispeday of/Pc,.0 A . 9 ,iie, � ,i
Cit Clerktf . C f it
:0:4414A- 011°)Hg,f _ 0rida z
y i q M i�m� �..'�
es
BY: Deputy ?wat
E. 1567D2553.
gilagAziTE2Da_all_DICATEP
Po
ine of the ten foot easement
at a point on the center 1in to the plat
Commence BATH CLUB PROPERTY, accord Q
located in Tract 3 of THEa 14 of the Public Records
thereof recorded in Plat Book 40, Pag the original R.1'9ht-
•
Dade County, Florida, said point being on Degrees 14
o f Y Creek Drive; thence run North 89 gr
of-Way line of Indian the above
Minutes 30 Seconds West, along the center line offeet to the
easement for a
mentioned ten footdistance of 24 .75
POINT OF BEGINNING, said point located on the present Westerly Right-fof-Wayy
along the arc of a circular Southerly
line of Indian Creek Drive; thence run radius
curve.e concave Easterly, having a
angle of 0 Degrees of 619.00 feet and a central 27 Minutee 48
Q
Seco
nds for a distance of 5.01 feet to a point, kaid point located
on the present Westerly 9
Right-of-Way line of Indian Creek Drive;
thence run North 89 Degrees 14 Minutes 30 Seconds West, along the
Southerly line
of the above mentioned ten foot easement of Tract
3 for a distance of 83.47 feet to a point on the West line of said
Tract 3;
thence run South 1 Degree 45 Minutes 16 Seconds East,
along the
West line of said Tract 3 for a distance of 1.08 feet to
a point; thence run South 53 Degrees 30 Minutes 30 Seconds West
,
alongthe Southerlyline of an easement described in Dade County
Record Book 5719, Page 491 for a distance of 15.58 feet to a point,
said
point being13.00 feet Easterly (measured at right angle) of
the property
e Westerlline of the Submerged Land (now filled) ;
thence run North 04 Degrees 24 Minutes 48 Seconds East, 13.00 feet
Easterly and parallel to the Westerly line of the Submerged Land
(now filled) , for a distance of 26.46 feet to a point; thence run
North 53 Degrees 30 Minutes 30 Seconds Eastalong
) the Northerly
line of an easement described in Dade County Record Book 5719, Page
491 for a distance of 12. 12 feet to a point located on the Westerly
line of said Tract 3; thence run South 01 Degree 45 Minutes 16
Seconds East, along the Westerly line of said Tract 3 for a
distance of 13.25 feet to a point; thence run South 89 Degrees 14
Minutes 30 Seconds
econds East, along
long ths Northerly 1 Z? e.. of the above
mentioned ten foot easement in Tract 3 for a distance of 84 .46 feet
to a point located on the present Westerly Right-of-Way line, of
Indian Creek Drive; thence run Southerly, along the arc of a
circular curve, concave Easterly (said course being the present
Westerly Right-of-Way line of Indian Creek Drive) , having a radius
of 619.00 feet and a central angle of 0 Degrees 27 Minutes 48
Seconds for a distance of 5.01 feet to the POINT OF BEGINNING.
EXHIBIT "1"
'% ii's,, ,. ..,r, .,, . - _..... ,
I 5676r2554
v REC.
,
NEW EASEMENT
I
LEGAL DESCRIPTION OF A PUBLIC UTILITY EASEMENT IN TRACT :3 , THE BATH CLUB PROPERTY,.
.
:RECORDED IN, PfAT BOOK 40,• AT PAGE 14 ; OF THE PUBLIC RECORDS OF DE0 T
.
C UN Y, FLORIDA,
• AND WITHIN THE .CONFINES OF A SUBMERGED PARCEL OF LAND (NOW FILLED) IN INDIAN CREEK,
SAID LAND BEING ArJACENT TO' AND CONTIGUOUS WITH THE WESTERLY BOUNDARY OF SAID
TRACT 3, SAID EASEMENT DESCRIBED AS FOLLOWS :
Commence (P,O,C, ) at the Southeasterly corner o f said Tract 3 and run N , 89014130" W
along the Southerly line of said Tract ^ a distance of 4
, 0 , 71.2 feet to the Westerly
line of existing Collins Avenue; thence run Northerly along the existingwesterly line
Y
of Collins Avenue,' along the Arc of a Circular .Curve, havinga Radius of 619 ,00 feet ,
,
a distance of' 5 .01 feet to a point .5 .00 feet Northerlyof the
Southerly line of said
. Tract 3, saidbeing
point the Point of Beginning (P ,0,B , ) of the Easement ,hereinafter
described; thence continue along the last--mentioned course a distance of 25 .feet ,
more or less, ' to a point 30 ,00. f eet• distant Northerly of the Southerly line of said
. .. , Trach 3; thence run •N. 89°14'30'! W. , parallel with the Southerlyline 'of Tract
.3 ,3 , a
distance of 30,00 'feet to, a, point 30,00 feet distant Northerly Southerly of the h rly line
of said' Tract 3 ; thence run Southerly parallel with Collins Avenue ,A a distance of 15
•feet, more or less, to a point 15 .00 feet distant�. tant Northerly of the Southerly line of
.said Tract 3; thence run N, 89°1,4 ' 30" W. , alongline
a parallel with the Southerly
line 'of said Tract a and its extension Westerlytopoint 13 ,00
a feet distant Easterly
of the Westerly boundary of the referenced land submerged g (nowfilled) ; thence run
N. 4°24 '47,534" E, along a line 13 ,00 . feet distant Easter
ly, of the said Westerly
bound&� . a ry,, a distance of 324 .35 35 feettopoint 20,00 feet Southerly of the'
Northerly line of said Tract 3 and its ex.tension
t nsian Wester�.,�, thence run S . E,
••
alongaline20 ,00
parallel to and ,feet distant S,o.utherly of the Northerl i e
y 1 n of
said Tract 3 and its extension Westerl
y, to the Westerly line of existing Collins
Avenue; thence run Northerly along the Arc of a' Circular Curve, having a Radius of
581.00 feet', to a point 10 feet , more or less , to a '
point 10,00 feet Southerly of
the Northerly line of said' Tract 3, said point .being on the Southerly line of a
10,00 foot Utility Easement ; thence run N, 89°14 '30" W.
along the Southerly line of
said 10.00 foot Utility Easement , along' a line 10 ,00 feet distant Southerly of the
'Northerly line of Tract 3 and its extension Westerly to the Westerly boundary of the
referenced submerged land
(now filled) ; thence run S . 4 °24 ' 47 , 534" W, along the
Westerly boundary Qf the submerged land (now filled distance a distance of 344 , 42 feet ;
thence run S , 89°14 '30" E, parallel to and 5 .00 feet Northerly of the Southe'rly line
of .said Tract '3 and 'its extension Westerly, along g the Northerly line of a 5 .00
foot Drainage Easement, to the Westerl line of
• Y existing Collins Avenue, to
the
Point of Seginning-(P,0;B', ) , Easement described
contains 7200 square feet , more or
less,
• `C4RDEp
IN OFF ICIAL RECORDS/1004
Of DA DF COUNT Y
' RECORD VERIFIED•FLORIDA,
Clerk of Circuit & County ZURW' LE--WmITTAKER INC.
Courts
ilk•
- C/V�&... V 1•
By :
J es D. Reeves', President
—*LS . No , 2194 , Florida
April 29., 1992 '
EXHIBIT "2"
.
A
•
WC:
-56T62555
P
Pis Instrument was Prepared by:
LEO ROSE, JR.
RETURN, fid, 42
THERREL, BAISDEN & c'
MEYER WEISS ACTCN
c-a
1111 Lincoln Road, Miami Beach, FL 1111 LINCOLN RD. ST E, 600 -�
GRANT OF EASEMENT
MIAMI BEACH, FLORIDA 33139
THIS GRANT OF EASEMENT made this 23rd dayof September, 1992
3 Sep emb
between the CITY OF MIAMI BEACH, a Florida municipal corporation, N
having its principal place of business at 1700 Convention Center f
Drive, Miami Beach, Florida (hereinafter referred to as the "City" )
and EDEL INTERNATIONAL DEVELOPERS, LTD. , a Florida limited
partnership, whose principal address is 1111 Lincoln Road, Miami 0~
Beach, Florida 33139 (hereinafter referred to as the "Grantor" ) .
WITNESSETH :
That the Grantor, for and in consideration of the sum of Ten
( $10 . 00 ) Dollars, to it in hand paid by the City, the receipt
whereof is hereby acknowledged, hereby grants, sells and conveys
to the City, its successors and assigns forever:
A perpetual easement and right of way to lay,
install and maintain underground utilities in,
over, under and across the following described
property, to-wit:
See Exhibit "A" attached hereto and made a
part hereof by reference for a description of
the easement property.
Together with the right of free ingress and egress to, in and
upon and under said land to do all that may be reasonably proper
and necessary for the purposes of installing, repairing,
maintaining and replacing such underground utilities .
The Grantor agrees to (i) contract for or perform all work and
(ii) pay all costs associated with the complete relocation and/or
construction of underground utility lines to be located in the
dedicated easement described above, pursuant to plans and
specifications approved by Grantor, the City and other government
agencies having jurisdiction in this matter.
Grantor agrees that it will not erect, construct or install
any structure, improvement of landscaping under, across or on the
dedicated easement without the approval of the City Commission by
Resolution. In the event the City approves any structure,
improvement or landscaping under, accross or on the dedicated
easement and thereafter the City disturbs any such structure,
improvement or landscaping for the purpose of monitoring, repairing
or replacing the underground utility, then Grantor, and not the
City, shall be responsible for restoring any affected structure,
improvement or landscaping at Grantor's sole cost and expense.
This Grant of Easement shall inure to the benefit of and be
binding upon the City and the Grantor, and their respective
successors and assigns .
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal
DOCSTPDEE 0.60 SURTX 0..45
MARSHALL ADER, CLERK DADS (:AUNTY, FL
1
THERREL BAISDEN 8c MEYER WEISS
. -,..
556 • .
. .
. PEC. , , .
at Miami Beach, - �...; ��/7>
Dade County, Florida,Flor�.dahis da of �.
Y
1992 . ..,...,„,,,,,,p0,\\,
.....•.
EDEL INTERNATIONAL DEVELOPS , L 'fii
a Florida limited partners p 4 .... ///,
' ./ :. if= i
///,i .
By: EDEL EQUITIES IIS : '' i �,.1 ; '
a Florida corpora i.oh..' ,5- W
g ,
enetal Part er �1� ) ,•-
/I. ,.
_t/c,, ,).
Y / L./?1c
Leo Rose, Jr. V' resident
.z,21
By:
cardo Mu en' Asst. Secretary
STATE OF FLORIDA )
COUNTY OF DADE )ss. :
I HEREBY CERTIFY that LEO ROSE, JR. and RICARDO MUCENIC,
respectively, as Vice-President and Assistant Secretary of EDEL
EQUITIES, INC. , a Florida corporation, General Partner of EDEL
INTERNATIONAL DEVELOPERS, LTD. , a Florida limited partnership, to
me known, this day acknowledged before me that they executed the
aforegoing instrument as such officers of said corporation, and
they affixed thereto the official seal of said corporation; and I
FURTHER CERTIFY that I know the said persons making said
acknowledgment to be the individuals described in and who executed
the said instrument.
WITNESS my hand and official seal ' the County and State last
aforesaid this oaw day of ....� , 1992 .
.
NOTARY PUBLI IN AND FOR Tf ••• r,. 0 ••• c'�
STATE OF FLORIDA o •,?i •�,-'
• j �
UJ ' 1 '0 •
y . . �; .
,, , •
MY COMMISSION EXPIRES: i--- �, '�•
. 1',`'.di. ;-'' c-:,\' :.,
I. •i
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. APR.21,1994
BONDED THRU GENERAL INS. UND.
n:\work\lr\edel.goe
2
THERREL BAISDEN & MEYER WEISS
- = .
OFF, .
R . C
557S
s
LEGAL DESCRIPTION OF A PUBLIC UTILITY EASEMENT IN TRACT 3, THE BATH CLUB PROPERTY,
RECORDED IN, PLAT BOOK 40,. AT PAGE 14; OF THE PUBLIC RECORDS OF DARE COUNTY, FLORIDA,
AND WITHIN THE .CONFINES OF A SUBMERGED PARCEL OF LANDNOW FILLED)LLED) IN INDIAN CREEK,
SAID LAND BEING ADJACENT TO. AND CONTIGUOUS WITH THE WESTERLY BOUNDARY OF SAID
TRACT 3, SAID EASEMENT DESCRIBED AS FOLLOWS:
Commence (P.O.C. ) at the Southeasterlycorner of said ° '
Tract 3 and run N. 89 14 30 W.
along the Southerly line of said Tract 3, a distance of 40. 712 feet to the Westerly
line of existing Collins Avenue; thence run Northerlyalongthe
existing Westerly line
of Collins Avenue,' along the Arc of a Circular Curve, having a Radius of 619 .00 feet,
a distance of 5.01 feet to a 'point 5.00 feet Northerly --
of the Southerly line of said
. Tract 3, said point being the Poirit of Beginning (P.O.B.) of the Easement hereinafter
described; thence continue 'along the last-mentioned course, a .
distance of 25 feet,
more or less, . to a point 30.00. feet. distant Northerlyof the Southerly line of said
Tract 3; thence run N. 89°14 '30" W. , parallel with the
Southerly line of Tract 3, a
distance of 30.00 feet to a, point 30.00 feet distant
Northerly of the Southerly line
of said Tract 3; thence run Southerly parallel with Collins
Avenue, a distance of 15
feet, more or les , to a point 15 .00 feet distant Northerly of the Southerly line of
said Tract 3; thence run N. 89°14 '30" W. , alongline
a parallel ilei with the Southerly
line of said Tract 3 and its extension Westerlytopoint
a 13.00 feet distant Easterly
of the Westerly boundary of the referenced submerged ed
o land (now filled) ; thence run
N. 4°24'47.5.34':
47.534�� g E. along a line 13.00 . feet distant t Easterly of the said Westerly
bound4ry,, a distance of 324 .35 35 feet• to apoint 20.00 '
• feet Southerly of the
Northerly line of said Tract 3 and its extensi
-• on Westerly; thence run S. 89°14 '30" E.
alongline
aparallel to and 20.00 ,feet distant Southerlyof the
Northerly line of
said Tract 3 and its extension Westerly, to the Westerly
line of existing Collins
Avenue; thence run Northerly along the Arc of ai
C rcular Curve, having a Radius of
581.00 feet', to a point 10 feet, more or less,
to a point 10.00 feet Southerly of
the Northerly line of said' Tract 3, said point 'being p ng on the Southerly line of a
10.00 foot Utility Easement; thence run N. 89°14 '30" W
. , along the Sc'atherly line of
said 10.00 foot Utility Easement, along' a line 10.00
feet distant Southerly of the
'Northerly line of Tract 3 and its extension Westerly to the Westerly boundary of the
referenced submerged land (now filled) ; thence run S. 4°24 '47.534" W. along the
Westerly boundary pf the submerged land (now filled) , a distance of 344.42 feet;
thence run S. 89°14'30" E. parallel to and 5.00
feet Northerly of the Southerly line
of said Tract '3 and its extension Westerly, along ng the Northerly line of a 5.00
foot Drainage Easement, to the Westerlyline of
existing Collins Avenue, to the
Point of Seginning (P.0:13.) . Easement described contains 7200 square feet, more or
less.
THIS DESCRIPTION TO ACCOMPANY A SURVEY
SKETCH OF REFERENCED TRACT 3 AND THEZUR LE-WHITTAKER, INC.
SUBMERGED LAND (NOW FILLED) . gbA
�coRDFonro�r►c��cRFco�s�O°�
/iv)D. Reeves', President
OPDADS COUNTY,FcoRID�►. . . . No. 2194 , Florida
RECORD VERIFIED
April 29, 1992 Clerk of Circuit & County
Courts
• • EXHIBIT "A"
•t 4
10,
i
REC. 56T6555 .�
Tom; Instrument was Prepared by: r-4
LEO ROSE, JR.
RETURN, TO ,1,2
BAISDEN &
lYER WEISS
i mi Beach, �L 12,a - °'`'
1111 Lincoln Road, M
1111 LINCO N RD. STE. 600
GRANT OF EASEMENT
MIAMI BEACH, FLORIDA 33139
CO
THISOF
GRANT EASEMENT made this 23rd day of September, 1992
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 EDEL INTERNATIONAL DEVELOPERS, LTD. , a Florida limited "
partnership, whose principal address is 1111 Lincoln Road, Miami
Beach, Florida 33139 (hereinafter referred to as the "Grantor" ) .
WITNESSETH :
That the Grantor, for and in consideration of the sum of Ten
( $10 . 00) Dollars, to it in hand paid by the City, the receipt
whereof is hereby acknowledged, hereby grants, sells and conveys
to the City, its successors and assigns forever:
A perpetual easement and right of way to lay,
install and maintain underground utilities in,
over, under and across the following described
property, to-wit:
See Exhibit "A" attached hereto and made a
part hereof by reference for a description of
the easement property.
Together with the right of free ingress and egress to, in and
upon and under said land to do all that may be reasonably proper
and necessary for the purposes of installing, repairing,
maintaining and replacing such underground utilities .
The Grantor agrees to (i) contract for or perform all work and
(ii) pay all costs associated with the complete relocation and/or
construction of underground utility lines to be located in the
dedicated easement described above, pursuant to plans and
specifications approved by Grantor, the City and other government
agencies having jurisdiction in this matter.
Grantor agrees that it will not erect, construct or install
any structure, improvement of landscaping under, across or on the
dedicated easement without the approval of the City Commission by
Resolution. In the event the City approves any structure,
improvement or landscaping under, accross or on the dedicated
easement and thereafter the City disturbs any such structure,
improvement or landscaping for the purpose of monitoring, repairing
or replacing the underground utility, then Grantor, and not the
City, shall be responsible for restoring any affected structure,
improvement or landscaping at Grantor's sole cost and expense.
This Grant of Easement shall inure to the benefit of and be
binding upon the City and the Grantor, and their respective
successors and assigns .
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal
DOCSTPDEE 0.60 SURTX 0.45
MARSHALL ADER! CLERK DADE COUNTY, FL
1
THERREL BAISDEN 8C MEYER WEISS /
w '"E. •
1 5676r2556 . •
at Miami Beach, Dade County, Florida, this day of ,;g:9-4,filit-),
1992 . ��..` ��
EDEL INTERNATIONAL DEVELOPVS, LTD.. ,41tj' ,
a Florida limited parfner`s p _ •« 1
l.t , /
By: EDEL EQUITIES, INO. ,;F + p..1 i
a Florida corpora4yio , `;+/i- ,=
eneaE 1 aper 11 ... , •' ,
-f/Us, I ' �� y
By• �� _ ���
Leo Rose, Jr. V' ' resident
itJIT:a0 Mu en. Asst. Secretary
STATE OF FLORIDA )
COUNTY OF DADE )ss. :
I HEREBY CERTIFY that LEO ROSE, JR. and RICARDO MUCENIC,
respectively, as Vice-President and Assistant Secretary of EDEL
EQUITIES, INC. , a Florida corporation, General Partner of EDEL
INTERNATIONAL DEVELOPERS, LTD. , a Florida limited partnership, to
me known, this day acknowledged before me that they executed the
aforegoing instrument as such officers of said corporation, and
they affixed thereto the official seal of said corporation; and I
FURTHER CERTIFY that I know the said persons making said
acknowledament to be the indivi.duals described in and who executed
the said instrument.
WITNESS my hand and official seal ' the County and State last
aforesaid this 0a30 day of ....� , 1992 .
t
NOTARY PUBLI IN AND FOR , ,•'. .�. 0 ''.,ch,
( STATE OF FLORIDA o;" :::"3 % ..j
, rt : cc 4: : 4,... ,4
E. W
MY COMMISSION EXPIRES: ' ,i. 1;,.-‘) '•,. Q. 1,,`jr.«
•. ,':%:;',,i i.:,,e,.. ,,,, .5-v.,-:/
r' -
• A
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. APR.21,1994
BONDED THRU GENERAL INS. UND.
n:\work\lr\edel_goe
2
THERREL BAISDEN Sc MEYER WEISS
• 1 w
•
REC.
56T61 ?55T
LEGAL DESCRIPTION OF A PUBLIC UTILITY EASEMENT A, EMENT IN TRACT 3, THE BATH CLUB PROPERTY,
RECORDED IN, PLAT BOOK 40, AT PAGE 14, OF THE PUBLIC RECORDS OF DARE COUNTY, FLORIDA,
AND WITHIN THE .CONFINES OF A SUBMERGED PARCEL OF LANDi
(NOW FILLED) IN INDIAN CREEK,
SAID LAND BEING ADJACENT TO AND CONTIGUOUS WITH THE WESTERLY BOUNDARY OF SAID •
TRACT 3, SAID EASEMENT DESCRIBED AS FOLLOWS :
Commence (P.O.C. ) at the Southeasterly corner of said Tract 3
and run N. 89°14 '30" W.
along the Southerly line of said Tract 3, a distance of 40. 712 feet to the Westerly
line of existing Collins
Avenue; thence run Northerly along the existing Westerly line
of Collins Avenue,' along the Arc of a Circular Curve, having a Radius of 619 .00 feet ,
a distance of 5.01 feet to a point 5.00 feet Northerlyof the
Southerly line of said
Tract 3, said point being the Point of Beginning (P.O.B. ) of the Easement hereinafter
described; thence continue along the last-mentioned course,
a distance of 25 feet,
more or less, ' to a point 30.00 feet distant Northerlyof the Southerly utherly lineof said
Tract 3; thence run N. 89°14 '30" W. , parallel with the Southerlyline line of Tract 3, a
distance of 30.00 feet to a• point 30.00 feet distant Northerly of the Southerly line
of said Tract 3; thence run Southerly parallel with Collins
Avenue, a distance of 15
feet, more or less, to a point 15 .00 feet distant Northerly of the Southerly line of
.said Tract 3; thence run N. 89°14 '30" W. , along a line parallel with th the Southerly
line of said Tract 3 and its extension Westerlytopoint
a 13.00 feet distant Easterly
of the Westerly boundary of the ref erenced submerged land nd (now filled) ; thence run
N. 4°24'47.534" g E. along a line 13.00• feet distant Easterly of the said Westerly
boundary, a distance of 324.35 f
eet• to a point 20.00 feet Southerly of the
Northerly line of said Tract 3 and its extension Westerly; thence run S . 89°14 '30" E.
along a line parallel to and 20.00 .feet distant SoutherlyNortherly of the line of
said Tract 3 and its extension Westerly, to the Westerly line of existing Collins
Avenue; thence •run Northerly along the Arc of a Circular Curve, having a Radius of
581.00 feet', to a point 10 feet, more or less, to •
a point 10.00 feet Southerly of
the Northerly line of said• Tract 3, saidpoint being
• on the Southerly line of a
10.00 foot Utility Easement; thence run N. 89°14 '30" W.
along the Southerly line of
said 10.00 foot Utility Easement, along• a line 10.00 feet
distant Southerly of the
Northerly line of Tract 3 and its extension Westerly to the Westerly boundary of the
referenced submerged land (now filled) ; thence run S. 4°24 '47 .534"
W, along the
Westerly boundary bf the submerged land (now filled) , a distance of 344.42 feet;
thence run S. 89°14 '30" E. parallel to and 5.00 feet •
• Northerly of the Southerly line
of said Tract 3 and its extension Westerly, alongthe
y Northerly line of a 5.00
foot Drainage Easement, to the Westerly line of existing Collins Avenue, to the
Point of Beginning (P.0:B.) , Easement described contains •
7200 square feet, more or
less.
THIS DESCRIPTION TO ACCOMPANY A SURVEY •
SKETCH OF REFERENCED TRACT 3 AND THE ZURW LE-WITTAKER, INC.
SUBMERGED LAND (NOW FILLED) ,
C.)0,)-t_i_z_C -1 • ', •
rDIADDEEDCOINUN°FliTY,ICFLMOIR:IDE
oows�oo�
J es D. Reeves', President
A. •L.S . No. 2194 , Florida
RECORD VERIFIED
April 29, 1992 Clerk of Circuit & County
Courts
EXHIBIT "A"
RESOLUTION NO. 92-205"2
Accepting a dedication of an underground
utility easement located on Tract 3, and
westerly extension of Tract 3 of the
Bath Club property, according to the
plat thereof, recorded in Plat Book 40,
Page 14, Dade county Public Records,
Florida and authorizing the vacation and
discontinuance, subject to fulfillment
of certain conditions, of an existing
easement located on the same property.