Resolution 2020-31299 RESOLUTION NO, 2020-31299
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO ACCEPT THE FOLLOWING PERPETUAL, NON-EXCLUSIVE •
UTILITY EASEMENT AGREEMENTS FROM 1212 LINCOLN ROAD
COMMERCIAL CONDOMINIUM ASSOCIATION, INC, FOR THAT CERTAIN
PROPERTY LOCATED AT 1614-1624 ALTON ROAD A/K/A 1212 LINCOLN
ROAD COMMERCIAL CONDOMINIUM, IN CONNECTION WITH THE
DEVELOPMENT OF THE PROPERTY; TO WIT: (1) AN EASEMENT
AGREEMENT GRANTING THE CITY A 10' WIDE EASEMENT FOR THE
OPERATION AND MAINTENANCE OF A WATER METER AND RELATED
METER BOX, LYING IN A PORTION OF LOT 3, BLOCK 45 OF COMMERCIAL
SUBDIVISION, ALTON BEACH REALTY COMPANY, PLAT BOOK 6, PAGE 5
(PLAT) OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
AND (2) AN EASEMENT AGREEMENT GRANTING THE CITY (2) 10' WIDE
EASEMENTS FOR THE OPERATION AND MAINTENANCE OF TWO (2)
SANITARY SEWER CLEAN-OUTS, LYING IN A PORTION OF LOTS 3, 4, AND
7, OF BLOCK 45 OF THE PLAT.
WHEREAS, the property located at 1614-1624 Alton Road (Folio Nos. 02-3234-018-
0130, 0140, 0150, and 0160) (the"Grantor's Property"), was submitted to the condominium form
of ownership, by 1212 Lincoln, LLC, a Florida limited liability company ("Developer") and ARRP
1600 Alton, LLC, a Florida limited liability company ("ARRP") (collectively, "Grantor's
predecessors in interest"), pursuant to that certain Declaration of 1212 Lincoln Road Commercial
Condominium, recorded on January 21, 2020, in Official Records Book 31787, at Page 3233, of
the Public Records of Miami-Dade County, Florida; and
WHEREAS, Grantor's predecessors in interest obtained approval by the City's Design
Review Board ("DRB") (DRB File No. 0416-0015)for the construction of a new five-story mixed-
use building with accessory parking to replace five (5) one and two-story buildings on the
Grantor's Property; and
WHEREAS, pursuant to DRB File No. 0416-0015, the DRB also approved the demolition
of one (1) two-story bank building located at 1628-1634 Alton Road (Folio Nos. 02-3234-018-
0170 and 0180), owned by Developer; and
WHEREAS, During the installation process, the contractor discovered issues with the
service and sanitary laterals; and
WHEREAS, The 4-inch domestic service line had an existing 6-inch gas line, which
restricted the installation of a 4-inch gate valve, that instead needed to be relocated closer to the
right of way line, and an existing communication duct bank was located within five feet of the •
right of way line, thereby eliminating any potential available space for the meter to be installed
between the duct bank and private property, resulting in the 4-inch water meter and its
accompanying meter box being installed on Grantor's property; and
WHEREAS, similar to the domestic service line, sanitary sewer clean-outs are required
to be installed within one (1) foot of the right of way line to prevent any damage from vehicular
traffic; however, the communication duct bank was located within a foot of the right of way line,
which resulted in the contractor installing the sanitary sewer clean-outs within Grantor's Property;
and
WHEREAS, Clean-outs are essential facilities used by the City's Public Works
Department Operations Division to unblock any clogs or backups that may occur from the
property line and the point of connection of the sanitary sewer main; and
WHEREAS, in order to address these development issues, Grantor offered to convey to
the City a perpetual, non-exclusive utility easement on the Grantor's Property for the City to
access, construct, install, operate, maintain, repair replace and upgrade one(1)water meter and
related water meter box and two (2) sanitary sewer clean-outs; and
WHEREAS, the City Manager recommends approving the Utility Easement Agreement
for Water Meter and Related Meter Box, incorporated herein by reference and attached hereto
as Exhibit"1", and the Utility Easement Agreement for Sanitary Sewer Clean-Outs, incorporated
herein by reference and attached hereto as Exhibit "2".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize the City Manager to accept the following perpetual, non-exclusive Utility Easement
Agreements from 1212 Lincoln Road Commercial Condominium Association, Inc.for that certain
property located at 1614-1624 Alton Road a/k/a 1212 Lincoln Road Commercial Condominium,
in connection with the development of the property; to wit: (1)An Easement Agreement granting
the City a 10' wide easement for the operation and maintenance of a water meter and related
meter box, lying in a portion of Lot 3, Block 45 of COMMERCIAL SUBDIVISION, ALTON BEACH
REALTY COMPANY, Plat Book 6, Page 5 (Plat) of the Public Records of Miami-Dade County,
Florida; and (2) an Easement Agreement granting the City two (2) 10' wide easements for the
operation and maintenance of two (2) sanitary sewer clean-outs, lying in a portion of Lots 3, 4,
and 7, of Block 45 of the Plat.
PASSED AND ADOPTED this e7Y day of 714 e_ , 2020.
Dan Gelber, Mayor
ATTEST:
73/
2�d .
Rafael E. Granado, Ci y Clerk ;'
U COP,PhORATED;`• - APPROVED AS TO
FORM & LANGUAGE
�= & FO XECUTION
et,
City Attorney iloio Da e
4
Resolutions-C7 M
MIAMI B
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 24, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER TO ACCEPT THE FOLLOWING PERPETUAL, NON-
EXCLUSIVE UTILITY EASEMENT AGREEMENTS FROM 1212 LINCOLN
ROAD COMMERCIAL CONDOMINIUM ASSOCIATION, INC, FOR THAT
CERTAIN PROPERTY LOCATED AT 1614-1624 ALTON ROAD A/K/A 1212
LINCOLN ROAD COMMERCIAL CONDOMINIUM, IN CONNECTION WITH
THE DEVELOPMENT OF THE PROPERTY; TO WIT: (1) AN EASEMENT
AGREEMENT GRANTING THE CITY A 10' WIDE EASEMENT FOR THE
OPERATION AND MAINTENANCE OF A WATER METER AND RELATED
METER BOX, LYING IN A PORTION OF LOT 3, BLOCK 45 OF
COMMERCIAL SUBDIVISION, ALTON BEACH REALTY COMPANY, PLAT
BOOK 6, PAGE 5 (PLAT) OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; AND (2) AN EASEMENT AGREEMENT GRANTING
THE CITY (2) 10' WIDE EASEMENTS FOR THE OPERATION AND
MAINTENANCE OF TWO (2)SANITARY SEWER CLEAN-OUTS, LYING IN A
PORTION OF LOTS 3, 4,AND 7, OF BLOCK 45 OF THE PLAT.
RECOMMENDATION
The Administration recommends approving the Utility Easement Agreement for Water Meter
and Related Meter Box, and the Utility Easement Agreement for Sanitary Sewer Clean-Outs.
BACKGROUND/HISTORY
The property located at 1614-1624 Alton Road (Folio Nos. 02-3234-018-0130, 0140, 0150,
and 0160) (the "Grantor's Property"), was submitted to the condominium form of ownership, by
1212 Lincoln, LLC, a Florida limited liability company ("Developer") and ARRP 1600 Alton,
LLC, a Florida limited liability company ("ARRP") (collectively, "Grantor's predecessors in
interest"), pursuant to that certain Declaration of 1212 Lincoln Road Commercial Condominium,
recorded on January 21, 2020, in Official Records Book 31787, at Page 3233, of the Public
Records of Miami-Dade County, Florida.
Grantor's predecessors in interest obtained approval by the City's Design Review Board
("DRB") (DRB File No. 0416-0015)for the construction of a new five-story mixed-use building
with accessory parking to replace five (5)one and two-story buildings on the Grantor's Property.
Page 385 of 2046
Pursuant to DRB File No. 0416-0015, the DRB also approved the demolition of one (1) two-
story bank building located at 1628-1634 Alton Road (Folio Nos. 02-3234-018-0170 and 0180),
owned by Developer.
ANALYSIS
During the installation process, the contractor discovered issues with the service and sanitary
laterals. The 4-inch domestic service line had an existing 6-inch gas line, which restricted the
installation of a 4-inch gate valve, that instead needed to be relocated closer to the right of way
line, and an existing communication duct bank was located within five feet of the right of way line,
thereby eliminating any potential available space for the meter to be installed between the duct
bank and private property, resulting in the 4-inch water meter and its accompanying meter box
being installed on Grantor's property.
Similar to the domestic service tine, sanitary sewer clean-outs are required to be installed within
one (1) foot of the right of way line to prevent any damage from vehicular traffic; however, the
communication duct bank was located within a foot of the right of way line, which resulted in the
contractor installing the sanitary sewer clean-outs within Grantor's Property.
Clean-outs are essential facilities used by the City's Public Works Department Operations
Division to unblock any clogs or backups that may occur from the property line and the point of
connection of the sanitary sewer main.
In order to address these development issues, Grantor offered to convey to the City a
perpetual, non-exclusive utility easement on the Grantor's Property for the City to access,
construct, install, operate, maintain, repair replace and upgrade one (1)water meter and related
water meter box and two (2)sanitary sewer clean-outs.
Results from the 2019 Resident Survey show that 47% of residents rated perceptions of the
City, related to the City's efforts to plan for growth, as very satisfied or satisfied. In order to
continue maintaining excellent standards in this area,the City plans to accept two non-exclusive
utility easements from 1212 Lincoln Road Commercial Condominium Association, Inc.
CONCLUSION
The Administration recommends approving the Utility Easement Agreement for Water Meter
and Related Meter Box, and the Utility Easement Agreement for Sanitary Sewer Clean-Outs.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Coda lection 2-14?
Yes No
Legislative Tracking
Public Works
Page 386 of 2046
ATTACHMENTS:
Description
O 1212 Lincoln Exhibit 1 - Easement for Water Meter and Meter Box
D 1212 Lincoln Exhibit 2- Easement for Sanitary Sewer Clean-outs
O 1212 Lincoln Form Approved Reso
Q 1212 Lincoln Opinion of Title
O 1212 Lincoln Exhibit A- Grantor's Property
Page 387 of 2046
This instrument prepared by:
Name: Raul J. Aguila, City Attorney
Address: Office of the City Attorney
1700 Convention Center Drive, 41h Floor
Miami Beach, FL 33139
(Space reserved for Clerk)
UTILITY EASEMENT AGREEMENT
FOR WATER METER AND RELATED METER BOX
THIS GRANT OF A UTILITY EASEMENT AGREEMENT FOR WATER METER AND
RELATED METER BOX(the "Agreement") is made this_day of 2020
("Effective Date"), between the 1212 LINCOLN ROAD COMMERCIAL CONDOMINIUM
ASSOCIATION, INC., a Florida not for profit corporation, and its successors and assigns
(hereinafter called "Grantor")and the CITY OF MIAMI BEACH, FLORIDA(the "City"), a municipal
corporation of the State of Florida, and its successors and assigns (hereinafter called "Grantee").
WITNESSETH:
WHEREAS,the property located at 1614-1624 Alton Road (Folio Nos. 02-3234-018-0130,
0140, 0150, and 0160), in the City of Miami Beach, Florida (the "City"), as more particularly'
described in EXHIBIT "A" hereto (the "Grantor's Property"), was submitted to the condominium
form of ownership by 1212 Lincoln, LLC, a Florida limited liability company("Developer")and ARRP
1600 Alton, LLC, a Florida limited liability company("ARRP")(collectively, "Grantor's predecessors
in interest"), under the name of 1212 Lincoln Road Commercial Condominium (the
"Condominium"), pursuant to that certain Declaration of Condominium(the"Declaration"), recorded
in Official Records Book 31786, at Page 3233, of the Public Records of Miami-Dade County,
Florida; and
WHEREAS, pursuant to the Declaration, Grantor has authority to enter into this Agreement
and bind the property/unit owners; and
WHEREAS, Grantor's predecessors in interest obtained approval by the City's Design
Review Board ("DRB") (DRB File No. 0416-0015) for the construction of a new five-story mixed-
use building with accessory parking to replace five (5)one and two-story buildings on the Grantor's
Property; and
WHEREAS, pursuant to DRB File No. 0416-0015, the DRB also approved the demolition
of one(1)two-story bank building located at 1628-1634 Alton Road (Folio Nos. 02-3234-018-0170
and 0180), owned by Developer; and
WHEREAS,during the installation process, the contractor discovered that existing facilities
near the right of way line prevented the installation of the City's water meter and accompanying
meter box (hereinafter collectively referred to as the "Water Meter")within the public right of way,
requiring installation to be on Grantor's Property; and
EXHIBIT
�ft�siT
0
3
Pa•e 388 of 2046
WHEREAS, in order to address this development issue, Grantor offered to convey to the
City a perpetual, non-exclusive utility easement on the Grantor's Property for the City to access,
construct, install, operate, maintain, repair, replace and upgrade the Water Meter; and
WHEREAS, on May 12, 2020, the Mayor and City Commission adopted Resolution No.
, authorizing the City Manager to accept this Easement(as defined in Section 2),
along with a companion easement for access and use of two (2) sanitary sewer clean-outs on the
Grantor's Property.
NOW THEREFORE, for and in consideration of ten and no/100 dollars ($10.00)and other
good and valuable consideration, the receipt of which is acknowledged,the parties hereby mutually
covenant and agree as follows:
GRANT OF EASEMENT
1. Recitals_ The above recitals are true and correct and are hereby incorporated into
this Agreement.
2. Consideration and Description. the Grantor, for and in consideration of the
approval of the City to allow the City's Water Meter to be installed on the Grantor's Property, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, hereby grants to the Grantee, a perpetual, non-exclusive easement (the
"Easement") on, over, and under a portion of Grantor's Property, as such property is more
specifically described and delineated in EXHIBIT"B,"attached hereto and made a part hereof(the
"Easement Area") to access, construct, install, operate, maintain, repair, replace and upgrade the
Water Meter, together with the non-exclusive right of ingress, egress and regress over Grantor's
Property for access to the Easement Area.
3. Uses.
3.1 The Grantee shall use the Easement and the Easement Area during the Term
provided herein for the express purposes provided in Section 2 hereof, which will include, without
limitation, use of the Easement Area for taking readings, inspecting the Water Meter, and
performing work in connection with the construction, installation, operation, maintenance, repair,
replacement and upgrade of the Water Meter. Grantee may utilize the Easement Area during the
Term without Grantor's prior written approval at any time or times.
3.2 The Grantor shall have the right to full use:and enjoyment of Grantor's Property,
except for such use as may unreasonably interfere with the exercise by the Grantee of the rights
granted under this Agreement. Grantor shall be prohibited from obstructing Grantee's access to,
or use of, the Easement Area. GRANTOR shall not construct, or permit to be constructed, any
structure or improvement, on or over the Easement Area.
4. 'Inspection. It is hereby agreed that any City official has the right, during normal
business hours, to enter and investigate the use of the Grantor's Property to verify compliance with
the conditions of this Agreement and the requirements of the City's building, public works, zoning
and land development regulations.
5. Term. This Agreement shall remain in full force and effect and shall be binding
upon the Grantor, its successors in interest and assigns, for a period of thirty (30) years, and for
successive ten (10) year periods thereafter, from the date of this Agreement is recorded in the
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Page 389 of 2046
Public Records of Miami-Dade County, Florida ("Term"). Thistime period will be automatically
renewed unless released upon a petition for removal, modification or amendment of condition is
approved by an act of the City Commission. The Easement and rights granted herein shall be
perpetual and shall be possessed and enjoyed by the Grantee, its successors and assigns, for the
purposes stated herein.
6. Maintenance. At all times during the Term, the Water Meter shall be the property
of the Grantee and Grantee, at its sole cost and expense,shall maintain the Water Meter and make
all repairs deemed necessary by Grantee, in its reasonable discretion; provided, however, that
Grantor shall be responsible for reimbursing Grantee for any damage caused by Grantor, its
officers, employees, contractors, agents and invitees. The maintenance, repair and replacement
of the remaining portions of the Easement Area including, without limitation, the repair and
replacement of any other attachments, including the water service line shall remain Grantor's
responsibility.
7, Notices. All notices, requests, consents and other communications required
or permitted under this Agreement shall be in writing and shall be(as elected by the person giving
such notice) hand-delivered by messenger or courier service; or mailed (airmail, if international)
by registered or certified mail (postage prepaid), return receipt requested; or sent by any form of
overnight mail service, addressed to:
AS TO GRANTOR: 1212 Lincoln Road Commercial Condominium Association, Inc.
Attn: Legal Department
2200 Biscayne Boulevard
Miami, Florida 33137
WITH COPIES TO: Bercow, Radell Fernandez Larkin &Tapanes
Attn: Graham Penn, Esq.
200 S. Biscayne Boulevard,
Suite 850
Miami, Florida 33131
AS TO GRANTEE: City of Miami Beach
Attn: City Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
WITH COPIES TO: - City of Miami Beach
Attn: City Attorney
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
Or to such other address as any party may designate by notice complying with the terms of this
Section. Each such notice shall be deemed delivered: (i) on the date delivered if by personal
delivery; (ii) on the date upon which the return receipt is signed or delivery is refused or the notice
is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (iii)
on the day after mailing by any form of overnight mail service.
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Page 390 of 2046
8. Miscellaneous Terms and Conditions
8.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of
GRANTEE'S Right of sovereign immunity.
8.2 Construction. For purposes of construction by a Court, the parties hereto
acknowledge that both parties hereto participated in the drafting of this document.
8.3 City's Governmental Capacity/No Waiver of City Police Powers. Grantor confirms
that it has full power and 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 Grantee in the discharge of its police or
governmental powers.
8.4 Remedies. An action to enforce the terms and conditions of this Agreement may
be brought by the Grantee and may be, at law or in equity, against any party or person violating or
attempting to violate any provision of this Agreement or provisions of the Building, City Code,
Zoning or Land Development Regulations, either to restrain violations or to recover damages.
8.5 Successors and Assigns. This Agreement shall be binding upon, and inure to
the benefit of, Grantor and Grantee and their respective successors and assigns.
8.6 Entire Agreement; Modifications. This Agreement sets forth the entire agreement
between the parties specifically relating to the subject matter of the Easement granted hereby and
there are no other agreements or understandings between them relating to Grantee's use of the
Easement Area. This Agreement may not be modified, released or terminated, except by written
agreement, 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.
8.7 Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Florida, both substantive and remedial, without regard to
principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement
shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court for the Southern
District of Florida, if in federal court.
8.8 Grantor Representations. Grantor covenants, warrants and represents (i) that
Grantor is the fee simple owner of Grantor's Property and has the right title and capacity to grant
the perpetual Easement granted herein, and(ii)there are no lienholders on the Grantor's Property.
8.9 Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created under the terms of this Agreement are
appurtenant to Grantor's Property.
8.10 Recording. This Agreement shall be recorded in the Public Records of Miami-Dade
County, Florida by Grantee at the cost of Grantor.
TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever, and
Grantor will defend the title to Grantor's Property against the lawful claims of all persons
whomsoever.
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Page 391 of 2046
IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in
its name on the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Witnesses:
Signature 1212 Lincoln Road Commercial Condominium
Association, Inc., a Florida not for profit corporation
Address: 2200 Biscayne Boulevard
Print Name Miami, Florida 33137
By:
Signature David B. Smith, President
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of physical presence
or_online notarization this day of , 2020, by David Smith, as President of the
1212 Lincoln Road Commercial Condominium Association, Inc., a Florida not for profit corporation,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his capacity, and that by his signature on the instrument,the individual, or the person upon
behalf of which the individual acted, executed the instrument.
NOTARY PUBLIC, State of Florida at Large
(NOTARY SEAL)
My Commission Expires:
5
Page 392 of 2046
IN WITNESS WHEREOF, the Grantee herein has caused these presents to be
executed in its name on the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation of the State of
Print Name: Florida
By:
Name:
Title:
Print Name:
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE .)
The forgoing instrument was acknowledged before me by means of physical
presence or^online notarization this day of , 2020, by
as of the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the
State of Florida, on behalf of said municipal corporation, who is personally known to me or
produced as identification.
Print Name:
Notary Public, State of Florida
My Commission Expires: [NOTARIAL SEAL]
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
6
Page 393 of 2046
Mortgagee Joinder and Consent
to
Utility Easement Agreement for Water Meter and Related Meter Box
Truist Bank, a North Carolina banking corporation,as successor by merger to SunTrust
Bank("Mortgagee"), as owner and holder of that certain Mortgage, Assignment of Rents, Security
Agreement and Fixture Filing by and among 1212 Lincoln, LLC, a Florida limited liability company
("1212 Lincoln"), ARRP 1600 Alton, LLC, a Florida limited liability company ("ARRP 1600") and
Mortgagee, recorded on June 4, 2019, in Official Records Book 31470, at Page 91, of the Public
Records of Miami-Dade County, Florida (the "Mortgage"), including the following related security
instruments: Assignment of Leases and Rents, recorded on June 4,2019, in Official Records Book
31470, at Page 113, of the Public Records of Miami-Dade County, Florida , and Uniform
Commercial Code Financing Statement Form, recorded on June 4, 2019, in Official Records Book
31470, at Page 125, of the Public Records of Miami-Dade County, Florida, hereby joins in and
consents to the granting of this Utility Easement Agreement for Water Meter and Related Meter
Box (the "Agreement") in favor of the City of Miami Beach, Florida, a municipal corporation
organized and existing under the laws of the State of Florida, all in accordance with the terms and
conditions set forth in this Agreement. Mortgagee agrees that in the event Mortgagee or any other
party shall obtain title to Grantor's Property through foreclosure or deed-in-lieu of foreclosure, the
Agreement shall be binding upon the entity obtaining title as the then owner of Grantor's Property.
Witnesses Truist Bank l
By: By:
Print Name: Print Name:
Title:
By:
Print Name:
State of
County of
The foregoing instrument was acknowledged before me by means of _ physical
presence or — online notarization on this day of , 2020 by
as on behalf of Truist Bank, a
North Carolina banking corporation. He or she is _ personally known to me or, —produced
as identification.
Notary Public–State of
Print Name;
My Commission Expires:
7
•
Page 394 of 2046
Exhibit"A"
Grantor's Property
8
Page 395 of 2046
CONDOMINIUM PARCEL
THE WEST 47.50 FEET OF LOTS 1 AND 2, BLOCK 45, "COMMERCIAL SUBDIVISION OF
THE ALTON BEACH REALTY COMPANY", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK6, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, LYING IN THE CITY OF MIAMI BEACH, FLORIDA, SAID PARCEL
BEING THAT CERTAIN AIRSPACE LYING BELOW A HORIZONTAL PLANE AT
ELEVATION 24.83 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929. (N.G.V.D.
29).
TOGETHER WITH:
LOTS 3, 4, 5, 6 AND 7, BLOCK 45, "COMMERCIAL SUBDIVISION OF THE ALTON
BEACH REALTY COMPANY", ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 6, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, LYING IN THE CITY OF MIAMI BEACH, FLORIDA
TOGETHER WITH:
THE WEST 84.05 FEET OF LOTS 1 AND 2, BLOCK 45, "COMMERCIAL SUBDIVISION OF
THE ALTON BEACH REALTY COMPANY", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 6, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, LYING IN THE CITY OF MIAMI BEACH, FLORIDA, SAID PARCEL
BEING THAT CERTAIN AIRSPACE STARTING AT AND LYING ABOVE A HORIZONTAL
PLANE AT ELEVATION 24.83 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929.
(N.G.V.D. M29).
TOGETHER WITH:
THE NORTH 42.30 FEET OF LOT 2, BLOCK 45, LESS THE WEST 84.05 FEET
THEREOF, "COMMERCIAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 5, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING IN THE CITY OF
MIAMI BEACH, FLORIDA, SAID PARCEL BEING THAT CERTAIN AIRSPACE STARTING
AT AND LYING ABOVE A HORIZONTAL PLANE AT ELEVATION 24.83 FEET NATIONAL
GEODETIC VERTICAL DATUM OF 1929. (N.G.V.D. 29).
AND TOGETHER WITH:
ALL RIGHTS BENEFITTING THE "CONDOMINIUM PARCEL" UNDER THAT CERTAIN
EASEMENT AGREEMENT BETWEEN ARRP 1600 ALTON, LLC, A FLORIDA LIMITED
LIABILITY COMPANY AND 1212 LINCOLN, LLC, A FLORIDA LIMITED LIABILITY
COMPANY, DATED JANUARY 17, 2020, RECORDED ON JANUARY 17, 2020, IN
OFFICIAL RECORDS BOOK 31784, AT PAGE 2711, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
Page 396 of 2046
Exhibit"B"
Easement Area
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Page 397 of 2046
COUSINS SURVEYORS & ASSOCIATES, INC. CPROJECT NUMBER : 8101-16
3921 SW 47TH AVENUE, SUITE 1011
) .
���� DAVIE, FLORIDA 33314 CLIENT
1212 LINCOLN, LLC
�.'� CERTIFICATE OF AUTHORIZATION : LB # 6448
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH .
LAND DESCRIPTION: -
A PORTION OF LOT 3, BLOCK 45, OF COMMERCIAL SUBDIVISION, ALTON BEACH REALTY COMPANY, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE `
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS A STRIP OF LAND TEN (10) FEET WIDE, THE
CENTERLINE OF WHICH BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3;
THENCE NORTH 00'00'00" EAST ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 14.50 FEET TO THE
• POINT OF BEGINNING OF SAID CENTERLINE;
THENCE NORTH 90'00'00" EAST, A DISTANCE OF 6.50 FEET TO THE POINT OF TERMINATION OF SAID
CENTERLINE.
i
THE SIDE LINES OF THESE EASEMENTS ARE TO BE SHORTENED OR LENGTHENED, SO AS TO INTERSECT THE
RELEVANT LOT, BLOCK, TRACT, BUILDING OR EASEMENT LINES.
SAID LAND SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA.
1
t
•
t
1
•
REVISIONS DATE " FB/PG DWN CKD, PROPERTY ADDRESS :
LAND DESCRIPTION do SKETCH 02/13/20 ---- AM REC LAND 0600-1624 ALTON ROAD
' DESCRIPTION & i
SKETCH FOR SCALE: N/A
10' WATER LINE
EASEMENT ( SHEET 1 OF 3
- .1 I I
Page 398 of 2046
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 8101-16
3921 SW 47TH AVENUE, SUITE 1011
ill& DAVIE, FLORIDA 33314 CLIENT :
ViIV CERTIFICATE OF AUTHORIZATION : LB # 6448 1212 LINCOLN, LIC
PHONE (954) 689-7766 FAX (954) 689-7799
1
LEGEND: LAND DESCRIPTION AND SKETCH
Ak CKD CHECKED BY
OWN DRAWN BY •
`,. FB/PG •
FIELD BOOK ANO PAGE '
i / POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
P.B. PLAT BOOK
•
M/D.C.R. MIAMI/DADE COUNTY RECORDS •
I
LOT 4
BLOCK 45 •
zrn
'°
Wo LOT3 ;
BLOCK 45
ZtrN ., / •
CENTERLINE
OF 70' WATER LINE
POB*- ' EASEMENT
POT `
•
144/ ! NORTH LINE-LOT 2
'o 8.50' LOT 2
o �- POC BLOCK 45
o �
z -, SOUTHWEST CORNER
--- LOT 3, BLOCK 45 •
LOT 2 1
BLOCK 45
I
REVISIONS DATE FB/PG OWN Cie (PROPERTY ADDRESS :
LAND 1600-1624 ALTON ROAD
LAND DESCRIPTION & SKETCH 02/13/20 ---- _ AM REC DESCRIPTION &
SKETCH FOR
10' WATER LINE ( SCALE; 1" = 20' ) *
EASEMENT ( SHEET 2 OF 3 )
Page 399 of 2046
COUSINS , SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 8101-16
3921 SW 47TH AVENUE, SUITE 1011 •
DAVIE, FLORIDA 33314 CLIENT :
Vf4 CERTIFICATE OF AUTHORIZATION : LB # 6448 1212 LINCOLN, LLC
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
•
NOTES:
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED.
6. THIS "LEGAL DESCRIPTION AND SKETCH" IS CERTIFIED TO THE CITY OF MIAMI BEACH.
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN FEBRUARY, 2020. I FURTHER CERTIFY
THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE STANDARD OF
PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON.
Digitally signed by
Richard E.Cousins
Date:2020.05.07
FOR THE FIRM, BY: 12.48.36-04'00'
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
THE SEAL ON THIS DOCUMENT WAS AUTHORIZED BY RICHARD E.
COUSINS PSM#4188 OR ELECTRONICALLY SEALED PER FS.
REVISIONS DATE FB/PG DWN CKD1 LANA PROPERTY ADDRESS
LAND DESCRIPTION & SKETCH 02/13/20 ---- AM RECDESCRIPTION & 1600-1624 ALTON ROAD
SKETCH FOR
(
10' SEWER LINE SCALE: N/A
EASEMENT (SHEET 3 OF 3
• ?dyer 480 v112646
This instrument prepared by:
Name: Raul J. Aguila, City Attorney
Address: Office of the City Attorney
1700 Convention Center Drive, 4t" Floor
Miami Beach, FL 33139
(Space reserved for Clerk)
UTILITY EASEMENT AGREEMENT
FOR SANITARY SEWER CLEAN-OUTS
THIS GRANT OF A UTILITY EASEMENT AGREEMENT FOR SANITARY SEWER
CLEAN-OUTS(the "Agreement") is made this day of 2020 ("Effective
Date"), between the 1212 Lincoln Road Commercial Condominium Association, Inc.,a Florida Not
For Profit Corporation, and its successors and assigns (hereinafter called 'Grantor") and the City
of Miami Beach, Florida (the "City"), a municipal corporation of the State of Florida, and its
successors and assigns (hereinafter called "Grantee").
WITNESSETH:
WHEREAS, the property located at 1614-1624 Alton Road (Folio Nos. 02-3234-018-0130,
0140, 0150, and 0160), in the City of Miami Beach, Florida (the "City"), as more particularly
described in EXHIBIT "A" hereto (the °Grantor's Property"), was submitted to the condominium
form of ownership by 1212 Lincoln, LLC,a Florida limited liability company("Developer")and ARRP
1600 Alton, LLC, a Florida limited liability company(“ARRP")(collectively, "Grantor's predecessors
in interest"), under the name of 1212 Lincoln Road Commercial Condominium (the
"Condominium"), pursuant to that certain Declaration of Condominium(the"Declaration"),recorded
in Official Records Book 31786, at Page 3233, of the Public Records of Miami-Dade County,
Florida; and
WHEREAS, pursuant to the Declaration, Grantor has authority to enter into this Agreement
and bind the property/unit owners; and
WHEREAS, Grantor's predecessors in interest obtained approval by the City's Design
Review Board ("DRB")(DRB File No. 0416-0015) for the construction of a new five-story mixed-
use building with accessory parking to replace five (5)one and two-story buildings on the Grantor's
Property; and
WHEREAS, pursuant to DRB File No. 0416-0015, the DRB also approved the demolition
of one(1)two-story bank building located at 1628-1634 Alton Road (Folio Nos. 02-3234-018-0170
and 0180), owned by Developer; and
WHEREAS, during the installation process, the contractor discovered that existing facilities
near the right of way line prevented the installation of two required sanitary sewer clean-outs (the
"Sewer Clean-Outs") within the public right of way, requiring the installation to be on Grantor's
Property; and
EXHIBIT
C
&e 401 of 2046
WHEREAS, in order to address this development issue, Grantor offered to convey to the
City a perpetual, non-exclusive utility easement on the Grantor's Property for the City to access,
construct, install, operate, maintain, repair replace and upgrade the Sewer Clean-Outs; and
WHEREAS, on May 12, 2020, the Mayor and City Commission adopted Resolution No.
, authorizing the City Manager to accept this Easement(as defined in Section 2),
along with a companion easement for use and maintenance of a Water Meter, together with
accompanying meter box on the Grantor's Property.
NOW THEREFORE, for and in consideration of ten and no/100 dollars ($10.00) and other
good and valuable consideration,the receipt of which is acknowledged,the parties hereby mutually
covenant and agree as follows:
GRANT OF EASEMENT
1. Recitals. The above recitals are true and correct and are hereby incorporated into
this Agreement.
2. Consideration and Description. the Grantor, for and in consideration of the
approval of the City to allow the.City's Sewer Clean-Outs to be installed on the Grantor's Property,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, hereby grants to the Grantee, a perpetual, non-exclusive easement (the
"Easement") on, over, and under a portion of Grantor's Property, as such property is more
specifically described and delineated in EXHIBIT"B,"attached hereto and made a part hereof(the
"Easement Area")to access, construct, install, operate, maintain, repair replace and upgrade two
Sewer Clean-Outs, together with the non-exclusive right of ingress, egress and regress over
Grantor's Property for access to the Easement Area.
3. Uses.
3.1 The Grantee shall use the Easement and the Easement Area during the Term
provided herein for the express purposes provided in Section 2 hereof,which will include, without
limitation,use of two Sanitary Sewer Clean-Outs,as needed by the Grantee,through its designated
City Department, to unblock any clogs or backups from the Grantor's Property line to the point of
connection at the sanitary sewer main tine. Grantee may utilize the Easement Area during the
Term without Grantor's prior written approval at any time or times.
3.2 The Grantor shall have the right to full use and enjoyment of Grantor's Property,
except for such use as may unreasonably interfere with the exercise by the Grantee of the rights
granted under this Agreement. Grantor shall be prohibited from obstructing Grantee's access to,
or use of, the Easement Area. GRANTOR shall not construct, or permit to be constructed, any
structure or improvement, on or over the Easement Area.
4. Inspection. It is hereby agreed that any City official has the right, during normal
business hours,to enter and investigate the use of the Grantor's Property to verify compliance with
the conditions of this Agreement and the requirements of the City's building, public works, zoning
and land development regulations.
5. Term. This Agreement shall remain in full force and effect and shall be binding
upon the Grantor, its successors in interest and assigns, for a period of thirty (30) years, and for
successive ten (10) year periods thereafter, from the date of this Agreement is recorded in the
2
Page 402 of 2046
Public Records of Miami-Dade County, Florida ("Term"). This time period will be automatically
renewed unless released upon a petition for removal, modification or amendment of condition is
approved by an act of the City Commission. The Easement and rights granted herein shall be
perpetual and shall be possessed and enjoyed by the Grantee, its successors and assigns, for the
purposes stated herein.
6. Maintenance. At all times during the Term, the Sewer Clean-Outs shall remain
property of the Grantee and Grantee, at its sole cost and expense, shall maintain the Sewer Clean-
Outs and shall make all repairs as deemed necessary by Grantee, in its reasonable discretion;
provided, however, that Grantor shall be responsible for reimbursing Grantee for any damage
caused by Grantor, its officers, employees, contractors, agents and invitees, The maintenance,
repair and replacement of any other portions of the Easement Area including, without limitation,
the repair and replacement of any other attachments, including the sanitary sewer service line shall
remain Grantor's responsibility.
7. Notices. All notices, requests, consents and other communications required
or permitted under this Agreement shall be in writing and shall be(as elected by the person giving
such notice) hand-delivered by messenger or courier service; or mailed (airmail, if international)
by registered or certified mail (postage prepaid), return receipt requested; or sent by any form of
overnight mail service, addressed to:
AS TO GRANTOR: 1212 Lincoln Road Commercial Condominium Association, Inc.
Attn: Legal Department
2200 Biscayne Boulevard
Miami, Florida 33137
WITH COPIES TO: Bercow, Radell Fernandez Larkin& Tapanes
Attn: Graham Penn, Esq.
200 S. Biscayne Boulevard,
Suite 850
Miami, Florida 33131
AS TO GRANTEE: City of Miami Beach
Attn: City Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
WITH COPIES TO: City of Miami Beach
Attn: City Attorney
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
Or to such other address as any party may designate by notice complying with the terms of this
Section. Each such notice shall be deemed delivered: (i) on the date delivered if by personal
delivery; (ii) on the date upon which the return receipt is signed or delivery is refused or the notice
is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (iii)
on the day after mailing by any form of overnight mail service.
3
Page 403 of 2046
8. Miscellaneous Terms and Conditions
8.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of
GRANTEES Right of sovereign immunity.
8.2 Construction. For purposes of construction by a Court, the parties hereto
acknowledge that both parties hereto participated in the drafting of this document.
8.3 City's Governmental Capacity/No Waiver of City Police Powers. Grantor confirms
that it has full power and authority to grant this Easement. Nothing in this Agreement or in the
parties' acts or omissions in connection herewith shall be deemed in any manner to waive,
impair, limit, or otherwise affect the authority of the Grantee in the discharge of its police or
governmental powers.
8.4 Remedies. An action to enforce the terms and conditions of this Agreement may
be brought by the Grantee and may be, at law or in equity, against any party or person violating or
attempting to violate any provision of this Agreement or provisions of the Building, City Code,
Zoning or Land Development Regulations, either to restrain violations or to recover damages.
8.5 Successors and Assigns. This Agreement shall be binding upon, and inure to
the benefit of, Grantor and Grantee and their respective successors and assigns.
8.6 Entire Agreement; Modifications. This Agreement sets forth the entire agreement
between the parties specifically relating to the subject matter of the Easement granted hereby and
there are no other agreements or understandings between them relating to Grantee's use of the
Easement Area. This Agreement may not be modified, released or terminated except by written
agreement, 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.
8.7 Governing Law.This Agreement shall be governed by,and construed in accordance
with, the laws of the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-
Dade County, Florida,if in state court,and the U.S. District Court for the Southern District of Florida,
if in federal court.
8.8 Grantor Representations. Grantor covenants, warrants and represents (i) that
Grantor is the fee simple owner of Grantor's Property and has the right title and capacity to grant
the perpetual Easement granted herein, and (ii)there are no lienholders on the Grantor's Property.
8.9 Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created under the terms of this Agreement are
appurtenant to Grantor's Property:
8.10 Recording. This Agreement shall be recorded in the Public Records of Miami-Dade
County, Florida, by Grantee at the cost of Grantor.
TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever, and
Grantor will defend the title to Grantor's Property against the lawful claims of all persons
whomsoever.
4
Page 404 of 2046
IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in
its name on the day and year first above written.
•
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Witnesses:
Signature 1212 Lincoln Road Commercial Condominium
Association, Inc., a Florida not for profit corporation
Address: 2200 Biscayne Boulevard
Print Name Miami, Florida 33137
By:
Signature David B. Smith, President
Print Name
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of—physical presence
or_online notarization this day of , 2020, by David Smith, as President of the
1212 Lincoln Road Commercial Condominium Association, Inc., a Florida not for profit corporation,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his capacity, and that by his signature on the instrument,the individual, or the person upon
behalf of which the individual acted, executed the instrument.
NOTARY PUBLIC, State of Florida at Large
(NOTARY SEAL)
My Commission Expires:
5
Page 405 of 2046
IN WITNESS WHEREOF, the Grantee herein has caused these presents to be
executed in its name on the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation of the State of
Print Name: Florida
By:
Name:
Title:
Print Name:
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE )
The forgoing instrument was acknowledged before me by means of_physical presence
or online notarization this ! day of , 2020, by , as
of the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the
State of Florida, on behalf of said municipal corporation, who is personally known to me or
produced as identification.
Print Name:
Notary Public. State of Florida
My Commission Expires: [NOTARIAL SEAL]
APPROVED AS TO
FORM & LANGUAGE
•
& FOR EXECUTION
City Attorney Date
6
Page 406 of 2046
Mortgagee Joinder and Consent
to
Utility Easement Agreement for Sanitary Sewer Clean-Outs
Truist Bank, a North Carolina banking corporation,as successor by merger to SunTrust
Bank("Mortgagee"), as owner and holder of that certain Mortgage, Assignment of Rents, Security
Agreement and Fixture Filing by and among 1212 Lincoln, LLC, a Florida limited liability company
("1212 Lincoln"), ARRP 1600 Alton, LLC, a Florida limited liability company ("ARRP 1600") and
Mortgagee, recorded on June 4, 2019, in Official Records Book 31470, at Page 91, of the Public
Records of Miami-Dade County, Florida (the "Mortgage"), including the following related security
instruments: Assignment of Leases and Rents, recorded on June 4, 2019, in Official Records Book
31470, at Page 113, of the Public Records of Miami-Dade County, Florida , and Uniform
Commercial Code Financing Statement Form, recorded on June 4, 2019, in Official Records Book
31470, at Page 125, of the Public Records of Miami-Dade County, Florida, hereby joins in and
consents to the granting of this Utility Easement Agreement for Sanitary Sewer Clean-Outs (the
"Agreement") in favor of the City of Miami Beach, Florida, a municipal corporation organized and
existing under the laws of the State of Florida, all in accordance with the terms and conditions set
forth in this Agreement. Mortgagee agrees that in the event Mortgagee or any other party shall
obtain title to the Grantor's Property through foreclosure or deed-in-lieu of foreclosure, the
Agreement shall be binding upon the entity obtaining title as the then owner of Grantor's Property.
Witnesses Truist Bank
By: By:
Print Name: Print Name:
Title:
By:
Print Name:
State of
County of
The foregoing instrument was acknowledged before me by means of physical
presence or _ online notarization on this day of , 2020 by
as on behalf of Truist Bank, a
North Carolina banking corporation. He or she is — personally known to me or, produced
as identification.
Notary Public–State of
Print Name;
My Commission Expires: _
7
•
Page 407 of 2046
Exhibit"A"
Grantor's Property
8
Page 408 of 2046
CONDOMINIUM PARCEL
THE WEST 47.50 FEET OF LOTS 1 AND 2, BLOCK 45, "COMMERCIAL SUBDIVISION OF
THE ALTON BEACH REALTY COMPANY", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK6, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, LYING IN THE CITY OF MIAMI BEACH, FLORIDA, SAID PARCEL
BEING THAT CERTAIN AIRSPACE LYING BELOW A HORIZONTAL PLANE AT
ELEVATION 24.83 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929. (N.G.V.D.
29).
TOGETHER WITH:
LOTS 3, 4, 5, 6 AND 7, BLOCK 45, "COMMERCIAL SUBDIVISION OF THE ALTON
BEACH REALTY COMPANY", ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 6, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, LYING IN THE CITY OF MIAMI BEACH, FLORIDA
TOGETHER WITH:
THE WEST 84.05 FEET OF LOTS 1 AND 2, BLOCK 45, "COMMERCIAL SUBDIVISION OF
THE ALTON BEACH REALTY COMPANY", ACCORDING TO THE PLAT THEREOF, AS
RECORDED 1N PLAT BOOK 6, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, LYING IN THE CITY OF MIAMI BEACH, FLORIDA, SAID PARCEL
BEING THAT CERTAIN AIRSPACE STARTING AT AND LYING ABOVE A HORIZONTAL
PLANE AT ELEVATION 24.83 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929.
(N.G.V.D. M29).
TOGETHER WITH:
THE NORTH 42.30 FEET OF LOT 2, BLOCK 45, LESS THE WEST 84.05 FEET
THEREOF, "COMMERCIAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 5, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING IN THE CITY OF
MIAMI BEACH, FLORIDA, SAID PARCEL BEING THAT CERTAIN AIRSPACE STARTING
AT AND LYING ABOVE A HORIZONTAL PLANE AT ELEVATION 24.83 FEET NATIONAL
GEODETIC VERTICAL DATUM OF 1929. (N.G.V.D. 29).
AND TOGETHER WITH:
ALL RIGHTS BENEFITTING THE "CONDOMINIUM PARCEL" UNDER THAT CERTAIN
EASEMENT AGREEMENT BETWEEN ARRP 1600 ALTON, LLC, A FLORIDA LIMITED
LIABILITY COMPANY AND 1212 LINCOLN, LLC, A FLORIDA LIMITED LIABILITY
COMPANY, DATED JANUARY 17, 2020, RECORDED ON JANUARY 17, 2020, IN
OFFICIAL RECORDS BOOK 31784, AT PAGE 2711, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
Page 409 of 2046
Exhibit "B"
Easement Area
9
Page 410 of 2046
COUSINS SURVEYORS & ASSOCIATES, INC. PROJECT NUMBER : 8101-16 ) :
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
���, DAVIE, FLORIDA 33314
v.'v CERTIFICATE OF AUTHORIZATION : LB # 6448 1212 LINCOLN, LLC
•
PHONE (954) 689-7766 FAX (954) 689-7799 •
LAND DESCRIPTION AND SKETCH •
LAND DESCRIPTION: •
I
A PORTION OF LOTS 3 AND 4, BLOCK 45, OF COMMERCIAL SUBDIVISION. ALTON BEACH REALTY COMPANY, I
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 5, OF THE PUBLIC RECORDS OF
MIAMI-DADS COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS A STRIP OF LAND TEN (10) FEET
WIDE, THE CENTERLINE OF WHICH BEING DESCRIBED AS FOLLOWS:
•
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4:
•
THENCE SOUTH 00'00'00" WEST ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE OF 45.60 FEET TO THE
POINT OF BEGINNING OF SAID CENTERLINE;
THENCE NORTH 90'00'00" EAST, A DISTANCE OF 6.50 FEET TO THE POINT OF TERMINATION OF SAID
CENTERLINE.
THE SIDE LINES OF THESE EASEMENTS ARE TO 8E SHORTENED OR LENGTHENED, SO AS TO INTERSECT THE
RELEVANT LOT, BLOCK, TRACT, BUILDING OR EASEMENT LINES.
SAID LAND SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA.
TOGETHER WITH:
A PORTION OF LOT 7, BLOCK 45, OF COMMERCIAL SUBDIVISION, ALTON BEACH REALTY COMPANY, ACCORDING y`
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE
.COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS A STRIP OF LAND TEN (10) FEET WIDE, THE
CENTERLINE OF WHICH BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 7;
THENCE NORTH 00'00'00" EAST ALONG THE WEST UNE OF SAID LOT 7, A DISTANCE OF 19.40 FEET TO THE
POINT OF BEGINNING OF SAID CENTERLINE;
•
THENCE NORTH 90'00'00" EAST, A DISTANCE OF 6.50 FEET TO THE POINT OF TERMINATION OF SAID
CENTERLINE. .
•
THE SIDE LINES OF THESE EASEMENTS ARE TO BE SHORTENED OR LENGTHENED, SO AS TO INTERSECT THE
RELEVANT LOT, BLOCK, TRACT, BUILDING OR EASEMENT LINES. -
SAID LAND SITUATE, LYING AND BEING IN THE CITY-OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA.
•
•
I
REVISIONS DATE FB/PG OWN CKD" • PROPERTY ADDRESS :
LAND DESCRIPTION & SKETCH 02/13/20 ---- AM REC LAND 0600-1624 ALTON ROA
—D) .
DESCRIPTION &
' SKETCH FOR [SCALE: N/A ) :
1 0' SEWER LINE
EASEMENT ( SHEET 1 OF 3 )
• i `
Page 411 of 2046 -
COUSINS SURVEYORS & ASSOCIATES, INC, , (PROJECT NUMBER : 8101-16
3921 SW 47TH AVENUE, SUITE 1011
)
.j, DAVIE, FLORIDA 33314CERTIFICATE OF # [CLIEWT
6PHONE (954) 689-7766 ZAF FAX (954) 6894 8 99 J 1212 LINCOLN, LLC
LAND DESCRIPTION AND SKETCH
Z •
h
CENTERLINE
OF 10' SEWER LINE
EASEMENT
LOT 7
' POB.. poT BLOCK 45
o p X90®00'00"E POC
o NI' 6.50'SOUTHWEST CORNER
o °' ,,----- LOT 7, BLOCK 45 `
LOT 6
BLOCK 45
•
POC
NORTHWEST CORNER •
LOT 4, BLOCK 45 Ah."‘
o CENTERLINE ��
OF 10 SEWER LINE
`') EASEMENT LOT 4
BLOCK 45
POB Ini POT SOUTH LINE-LOT 4
--- LEGEND:
•
N90°00'OO"E LOT 3 CKDCHECKEBYBY
OWN DRAWN6 50' BLOCK 45 FB/PG FIELD BOOK AND PAGE
`` FOB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
REVISIONS DATE FB/PG DWN CKDNPROPERTY ADDRESS : '
LAND DESCRIPTION & SKETCH 02/13/20 ---- AM REc LAND `1600--1624 ALTON ROAD,
DESCRIPTION & •
SKETCH FOR (SCALE: 1" = 20' )
10' SEWER LINE
EASEMENT (SHEET 2 OF 3 j
• !
Page 412 of 2046
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 8101-16 )
3921 SW 47TH AVENUE, SUITE 1011
4A DAVIE, FLORIDA 33314 CLIENT : •
CERTIFICATE OF AUTHORIZATION : LB # 6448 1212 LINCOLN, LLC
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
NOTES;
I. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF •
A FLORIDA LICENSED SURVEYOR AND MAPPER. •
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, •
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
•
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. •
5. BEARINGS SHOWN HEREON ARE ASSUMED.
6. THIS "LEGAL DESCRIPTION AND SKETCH" IS CERTIFIED TO THE CITY OF MIAMI BEACH.
•
•
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT IO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN FEBRUARY, 2020. I FURTHER CERTIFY
THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE STANDARD OF ••
PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON.
Digitally signed by
Richard E.Cousins •
Date:2020.05.07
FOR THE FIRM, BY: 12:48-36-04'00'
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
THE SEAL ON THIS DOCUMENT WAS AUTHORIZED BY RICHARD E.
COUSINS PSM#4188 OR ELECTRONICALLY SEALED PER FS.
REVISIONS DATE FB/PG DWN ' CKD PROPERTY ADDRESS
RAND
LAND DESCRIPTION & SKETCH 02/13/20 ---- AM REC DESCRIPTION Sc ,1,,600-1624 ALTON ROAD
SKETCH FOR ( SCALE: N/A
10' SEWER LINE
EASEMENT As
(SHEET 3 OF 3
r.
Page 413 of 2046
OPINION OF TITLE
To: City of Miami Beach
With the understanding that this Opinion of Title is furnished to the City of Miami Beach, as inducement
for acceptance of a Utility Easement Agreement For Water Meter And Related Meter Box Declaration of
Use and a Utility Easement Agreement For Sanitary Sewer Clean-Outs (the "Easements'), it is hereby
certified that I have examined a complete Title Commitment covering the period from the beginning to
the 17'h day of April,2020 at the hour of 11:00,inclusive,of the following described property:
See Exhibit"A"attached hereto and made a part hereof.
I am of the opinion that on the last mentioned date, the fee simple title to the above-described real
property was vested in:
ARRP 1600 Alton,LLC, a Florida limited liability company
1212 Lincoln, LLC,a Florida limited liability company
Wells Fargo Bank,N.A.
I am of the Opinion, that pursuant to the Declaration of 1212 Lincoln Road Condominium
Association,recorded in Official Records Book 31786,Page 3233, of the Public Records of Miami-Dade
County, Florida, as modified by the Corrective Amendment recorded in Official Records Book 31798,
Page 3194, of the Public Records of Miami-Dade County, Florida, 1212 Lincoln Road Commercial
Condominium Association, Inc., a Florida not for profit corporation, is authorized to execute the
Easements, and bind the property owners set forth above, and the signature block for 1212 Lincoln Road
Commercial Condominium Association,Inc., is as follows:
1212 LINCOLN ROAD COMMERCIAL CONDOMINIUM ASSOCIATION,INC.
A Florida not for profit corporation
By: -
Name: David B.Smith
Title: President
Subject to the following encumbrances, (If"none" please indicate):
1. RECORDED MORTGAGES:
Therefore, it is my opinion that the following party(ies) must join in the proffered document in
order to make it valid and binding on the lands described herein.
Name Interest
Truist Bank, successor by Mortgage, Assignment of Rents, Security Agreement and Fixture
merger to Suntrust Bank Filing executed by 1212 Lincoln, LLC, and ARRP 1600 Alton, LLC,
Mortgagor, in favor of Suntrust Bank, Mortgagee or Lender, dated
ACTIVE 506571200
Page 416 of 2046
Opinion of Title
Page 2of8
June 3, 2019, recorded June 4, 2019 in Official Records Book 31470,
Page 91,of the Public Records of Miami-Dade County,Florida
I HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides with, and is
the same as,the legal description in the proffered,recordable document.
2. RECORDED CONSTRUCTION LIENS,CONTRACT LIENS AND JUDGEMENTS:
None
3. GENERAL EXCEPTIONS:
(a) All taxes or assessments for the year 2020 and all subsequent years.
(b) Rights of parties in possession other than the above owners.
(c) Facts that would be disclosed by an accurate survey of the Property.
(d) Easements or claims of easements,not shown by the public records.
(e) Any unrecorded laborer's,mechanics'or materialmens'liens and municipal liens.
(f) Zoning and other restrictions imposed by governmental authority.
(g) Taxes or special assessments which are not shown as existing liens by the public records.
4. SPECIAL EXCEPTIONS:
(a) (b)Dedications on the Plat of COMMERCIAL SUBDIVISION, THE ALTON BEACH
REALTY COMPANY, as recorded in Plat Book 6,Page 5.
(b) Terms,conditions and provisions of the Order of the Design Review Board of the City of
Miami Beach, Florida, recorded September 8, 2015 in Official Records Book 19768,
Page 3819, and the Supplemental Order recorded in Official Records Book 29768, Page
3822.
(c) Terms, conditions and provisions of the Conditional Use Permit issued by the Planning
Board of the City of Miami Beach, Florida, recorded October 20, 2014 in Official
Records Book 29355,Page 2251.
(d) Terms, conditions and provisions of the Supplemental Order of the Design Review
Board of the City of Miami Beach, Florida, recorded October 20, 2014 in Official
Records Book 29355, Page 2251, and the Final Order dated October 7, 2014 referred to
therein.
(e) Unity of Title in favor of the City of Miami Beach recorded February 2,2015 in Official
Records Book 29485,Page 3745.
ACTIVE 506571201/1
Page 417 of 2046
Opinion of Title
Page 3 of 8
(f) Terms,conditions and provisions of the Order of the Design Review Board of the City of
Miami Beach, Florida, DRB File No. 23078 recorded October 20, 2014 in Official
Records Book 29359, Page 3320, and the Supplemental Order recorded in Official
Records Book 29768,Page 3822.
(g) Terms, conditions and provisions of the Order of the Design Review Board of the City of
Miami Beach, Florida, DRB File No. 0416-0015 recorded July 12, 2016 in Official
Records Book 30148,Page 1111.
(h) Terms, conditions and provisions of the Order of the Design Review Board of the City of
Miami Beach, Florida, DRB 16-0090 (A.K.A. DRB 0416-0015) recorded February 13,
2017 in Official Records Book 30419,Page 4057.
(i) Terms, conditions and provisions of the Order of the Design Review Board of the City of
Miami Beach, Florida, DRB 0416-0015 recorded October 10, 2017 in Official Records
Book 30712,Page 965.
(j) Terms and provisions of the Conditional Use Permit recorded February 22, 2019 in
Official Records Book 31336,Page 150.
(k) Non-Exclusive Easement to Florida Power & Light Company, its affiliates, licensees,
agents, successors and assigns,recorded April 12, 2019 in Official Records Book 31402,
Page 854.
(1) Terms, conditions and provisions of the Modified Order of the Design Review Board of
the City of Miami Beach, Florida, DRB18-0337, recorded October 2, 2019 in Official
records Book 31631, Page 1021, as modified in Official Records Book 31631, Page
1241,and modified in Official Records Book 31631,Page 1117,and modified in Official
Records Book 31631, Page 1140, and modified in Official Records Book 31631, Page
1301, and modified in Official Records Book 31631, Page 1525, and corrected and
modified in Official Records Book 31700, Page 651, corrected and modified in Official
Records Book 31700, Page 687, and corrected and modified in Official Records Book
31700, Page 697,and corrected and modified in Official Records Book 31700,Page 708,
and corrected and modified in Official Records Book 31700, Page 718, and corrected
and modified in Official Records Book 31700, Page 728, and corrected and modified in
Official Records Book 31700,Page 739.
(m) Easement Agreement between ARRP 1600 Alton, LLC, and 1212 Lincoln, LLC,
recorded January 17,2020 in Official Records Book 31784,Page 2711.
(n) All the covenants, conditions, restrictions, easements, assessments and possible liens,
terms and other provisions of DECLARATION OF 1212 LINCOLN ROAD
COMMERCIAL CONDOMINIUM, and Exhibits thereto (submitting Phase 1 to
condominium ownership),recorded in January 21,2020 in Official Records Book 31786,
Page 3233,as modified by the Corrective Amendment recorded in Official Records Book
31798, Page 3194, of'the Public Records of Miami-Dade County,Florida, including,but
not limited to one or more of the following: provisions for private charges or
ACTIVE 50657120v1
Page 418 of 2046
Opinion of Title
Page 4 of 8
assessments; liens for liquidated damages; and/or option, right of first refusal or prior
approval of a future purchaser or occupant. A portion of the limited common elements
for Phase 2 appear to be located within the boundaries of the Phase 1 legal description.
(o) Restrictive Covenant A
ree Book 317212 Lincoln,n 3f LLC "Developer" recorded January
22,2020 in Official
(p) Declaration of Restrictive Covenants and Maintenance Agreement by 1212 Lincoln Road
Commercial Condominium Association, Inc., recorded April 15, 2020 in Official
Records Book 31898,Page 2375.
All of the recording information contained herein refers to the Public Records of Miami-Dade
County,Florida.
I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the
State of Florida and a member in good standing of the Florida Bar.
[SEE NEXT PAGE FOR EXECUTION?
ACTIVE 50657120v1
Page 419 of 2046
Respectfully submitted this --_ )day of May,2020.
GREENBERG TRAURIG,P.A.
By: ,/
Steven E.Goldman
Florida Bar No. 0259543
333 SE 2nd Avenue
Miami,Florida 33131
(305)579-0500
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADS )
acknowledged before me, bymeans of(physical presence or—
The foregoing instrument was ac g
online notarization,this al day of May,2020 by Steven E.Goldman„ o r�personallyewn to me.
J;.
Notaryublii •• • • lorida
Comms No..
My Commission Expires:
4'"ti'•. ANDREW C.SHARPE
y �� Notary Public•State of Florida
J/.f Commission N GG 909304
... '' My Comm.Expires Sep 26,2023
iimemmemliemniminwqmenormirI
ACTIVE 50657120x1
Page 420 of 2046
EXHIBIT"A"
Legal Description
(SEE NEXT PAGE)
ACTIVE 50657120v1
Page 421 of 2046
COUSINS SURVEYORS & ASSOCIATES, INC. PROJECT NUMBER : 8101-16
3921 SW 47TH AVENUE, SUITE 1011
/��� DAVIE, FLORIDA 33314 CLIENT
��,� CERTIFICATE OF AUTHORIZATION : LB # 6448 1212 LINCOLN, LLC
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
A PORTION OF LOT 3, BLOCK 45, OF COMMERCIAL SUBDIVISION. ALTON BEACH REALTY COMPANY, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS A STRIP OF LAND TEN (10) FEET WIDE, THE
CENTERLINE OF WHICH BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3;
THENCE NORTH 00'00'00" EAST ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 14.50 FEET TO THE
POINT OF BEGINNING OF SAID CENTERLINE;
THENCE NORTH 90'00'00" EAST, A DISTANCE OF 6.50 FEET TO THE POINT OF TERMINATION OF SAID
CENTERLINE.
THE SIDE LINES OF THESE EASEMENTS ARE TO BE SHORTENED OR LENGTHENED, SO AS TO INTERSECT THE
RELEVANT LOT, BLOCK, TRACT, BUILDING OR EASEMENT LINES.
SAID LAND SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA.
REVISIONS DATE FB/PG DWN CKD PROPERTY ADDRESS :
LAND DESCRIPTION & SKETCH 02/13/W ---- AN REC LAND (600-1624 ALTON ROA)
DESCRIPTION &
SKETCH FOR (SCALE: N/A
10' WATER LINE
EASEMENT (SHEET 1 OF 3 )re a42'2 '016
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 8101-16 )
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 CLIENT :
VAIs CERTIFICATE OF AUTHORIZATION : LB # 6448 1212 LINCOLN, LLC
PHONE (954) 669-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
A PORTION OF LOTS 3 AND 4, BLOCK 45, OF COMMERCIAL SUBDIVISION, ALTON BEACH REALTY COMPANY,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 5, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS A STRIP OF LAND TEN (10) FEET
WIDE, THE CENTERLINE OF WHICH BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4;
THENCE SOUTH 00'00'00" WEST ALONG THE WEST UNE OF SAID LOT 4, A DISTANCE OF 45.60 FEET TO THE
POINT OF BEGINNING OF SAID CENTERLINE;
THENCE NORTH 90'00'00" EAST, A DISTANCE OF 6.50 FEET TO THE POINT OF TERMINATION OF SAID
CENTERLINE.
THE SIDE LINES OF THESE EASEMENTS ARE TO BE SHORTENED OR LENGTHENED, SO AS TO INTERSECT THE
RELEVANT LOT, BLOCK, TRACT, BUILDING OR EASEMENT LINES.
SAID LAND SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA.
TOGETHER WITH:
A PORTION OF LOT 7, BLOCK 45, OF COMMERCIAL SUBDIVISION, ALTON BEACH REALTY COMPANY, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS A STRIP OF LAND TEN (10) FEET WIDE, THE
CENTERLINE OF WHICH BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 7;
THENCE NORTH 001/0'00" EAST ALONG THE WEST LINE OF SAID LOT 7, A DISTANCE OF 19.40 FEET TO.THE
POINT OF BEGINNING OF SAID CENTERLINE;
THENCE NORTH 90'00'00" EAST. A DISTANCE OF 6.50 FEET TO THE POINT OF TERMINATION OF SAID
CENTERLINE.
THE SIDE LINES OF THESE EASEMENTS ARE TO BE SHORTENED OR LENGTHENED, SO AS TO INTERSECT THE
RELEVANT LOT, BLOCK, TRACT, BUILDING OR EASEMENT LINES.
SAID LAND SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA.
REVISIONS DATE FB/PG DWN C1,14 • PROPERTY ADDRESS : •
LAND DESCRIPTION & SKETCH 02/13/20 ---- AM REC LAND (600-1624 ALTON ROAD
DESCRIPTION &
SKETCH FOR ( SCALE: N/A )
10' SEWER LINE
EASEMENT ( SHEET 1 OF 3
Pace 423 04.6
EXHIBIT"A"
GRANTOR'S PROPERTY
CONDOMINIUM PARCEL
THE WEST 47.50 FEET OF LOTS 1 AND 2, BLOCK 45, "COMMERCIAL SUBDIVISION OF
THE ALTON BEACH REALTY COMPANY", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK6, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, LYING IN THE CITY OF MIAMI BEACH, FLORIDA, SAID PARCEL
BEING THAT CERTAIN AIRSPACE LYING BELOW A HORIZONTAL PLANE AT
ELEVATION 24.83 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929. (N.G.V.D.
29).
TOGETHER WITH:
LOTS 3, 4, 5, 6 AND 7, BLOCK 45, "COMMERCIAL SUBDIVISION OF THE ALTON
BEACH REALTY COMPANY", ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 6, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, LYING IN THE CITY OF MIAMI BEACH, FLORIDA
TOGETHER WITH:
THE WEST 84.05 FEET OF LOTS 1 AND 2, BLOCK 45, "COMMERCIAL SUBDIVISION OF
THE ALTON BEACH REALTY COMPANY", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 6, PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, LYING IN THE CITY OF MIAMI BEACH, FLORIDA, SAID PARCEL
BEING THAT CERTAIN AIRSPACE STARTING AT AND LYING ABOVE A HORIZONTAL
PLANE AT ELEVATION 24.83 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929.
(N.G.V.D. M29).
TOGETHER WITH:
THE NORTH 42.30 FEET OF LOT 2, BLOCK 45, LESS THE WEST 84.05 FEET
THEREOF, "COMMERCIAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 5, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING IN THE CITY OF
MIAMI BEACH, FLORIDA, SAID PARCEL BEING THAT CERTAIN AIRSPACE STARTING
AT AND LYING ABOVE A HORIZONTAL PLANE AT ELEVATION 24.83 FEET NATIONAL
GEODETIC VERTICAL DATUM OF 1929. (N.G.V.D. 29).
AND TOGETHER WITH:
ALL RIGHTS BENEFITTING THE "CONDOMINIUM PARCEL" UNDER THAT CERTAIN
EASEMENT AGREEMENT BETWEEN ARRP 1600 ALTON, LLC, A FLORIDA LIMITED
LIABILITY COMPANY AND 1212 LINCOLN, LLC, A FLORIDA LIMITED LIABILITY
COMPANY, DATED JANUARY 17, 2020, RECORDED ON JANUARY 17, 2020, IN
OFFICIAL RECORDS BOOK 31784, AT PAGE 2711, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
Page 424 of 2046