Utility Easement Agreement with 1212 Lincoln Road Commercial Condominium Association, INC. 2023 —31299
This instrument prepared by:
Name: Raul J. Aguila, City Attorney
Address: Office of the City Attorney
1700 Convention Center Drive, 4th 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 `S- day of 7isca-P-iv-i 2021
("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
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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.
2020-31299, 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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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 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, 4'^ Floor
Miami Beach, FL 33139
WITH COPIES TO: City of Miami Beach
Attn: City Attorney
1700 Convention Center Drive, 4" 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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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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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:
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Signatur7111.111W 1212 Lincoln Road Commercial Condominium
) Association, Inc., a Florida not for profit corporation
R'itiji 4)vd Address: 2200 Biscayne Boulevard
Print Name Miami! lorida . .
y i1
Signatu e B : D. ••• =. mith, -r•sident
Si,r,,'c 114( rt r)- _
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 1 ' day of 2021, by David Smith, as President of the
1212 Lincoln Road Commercial Condominium Ass ciation, 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 PUB IC, State of Florida at Large
(NOTARY SEAL
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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
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By'
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Name: Raul J. Aguila
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Title: Interim City Manager
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STATE OF FLORIDA ) '
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COUNTY OF MIAMI-DADE ) � T; ..., ..,.�;;;:=
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The f9rgoing instrument was acknowledged before me by means of physical
presence or online notarization this 3 day of f V, z.A 1i , 2021, by R is,sL 3. 4,.,.,"1 ,
as .—Ni. C.. c1 e+•A.,ascti 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. . z<A1
Pri Name: R -*t- GRi ► c)
Notary Public, State of Florida
My Commission Expires: [NOTARIAL SEAL]
;'.'.' 6, ,• RAFFAEL E.GRANADO
APPROVED AS TO ?. ..'; Notary Public-State of Florida
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6
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
W' Truist a k
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By:
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State of to r k d o,
County ofd —lade.
The foregoing instrument was acknowledged before me by means of X physical
presence or online notarization on this (0 day of Ja wo r , 202$ by
kcL1 -\ 12- cl-sas Firs+V+a Pre ,ot--1-ir on behalf of Truist Bank, a
North Carolina banking corporation. He or she is X.. personally known to me or, produced
as identification. 1
Notary Publi ..to of A-(ok.8.
,, t►""° ELENA REDONDO
1.1, MY COMMISSION I GG 302308 --
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Exhibit"A"
Grantor's Property
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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.
Exhibit"B"
Easement Area
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COUSINS SURVEYORS & ASSOCIATES, INC. `PROJECT NUMBER : 8101-16
3921 SW 47TH AVENUE, SUITE 1011
ANIL DAVIE, FLORIDA 33314 CLIENT :
V.r 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 CKDN 'PROPERTY ADDRESS :
LAND DESCRIPTION & SKETCH 02/13/20 ---- AM REC LAND 1600-1624 ALTON ROAD
DESCRIPTION &
SKETCH FOR ( SCALE: N/A
10' WATER LINE
EASEMENT ( SHEET 1 OF 3
- J
COUSINS SURVEYORS & ASSOCIATES, INC, (PROJECT NUMBER : 8101-16 )
3921 SW 47TH AVENUE, SUITE 1011
Anti DAVIE, FLORIDA 33314 CLIENT :
v v CERTIFICATE OF AUTHORIZATION : LB # 6448 1212 LINCOLN, LLC
PHONE (954) 689-7766 FAX (954) 689-7799
•
LEGEND: LAND DESCRIPTION AND SKETCH
//�-1 CKD CHECKED BY
//// 1 DWN DRAWN BY
‘111.1r, FB/PG FIELD BOOK AND PAGE
POB POINT OF BEGINNING
FOC POINT OF COMMENCEMENT
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
LOT 4
BLOCK 45
"`
,H141.44
Lr) � LOT 3
BLOCK 45
c\ CENTERLINE
OF 10' WATER LINE
POB• �i ,,N EASEMENT
SPOT
/iiiN90"o0'00'E NORTH LINE-LOT 2
o ` 6.50' LOT 2
o Nt: , POC BLOCK 45
\ SOUTHWEST CORNER
L LOT 3, BLOCK 45
LOT 2 I
BLOCK 45
REVISIONS DATE FB/PG OWN CKD" 'PROPERTY ADDRESS :
LAND DESCRIPTION & SKETCH 02/13/20 ---- AIA REC LAND DESCRIPTION & •1600-1624 ALTON ROAD
SKETCH FOR
10' WATER LINE ( SCALE: 1" = 20' )
EASEMENT (SHEET 2 OF 3
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 8101-16 )
3921 SW 47TH AVENUE, SUITE 1011
Afja. DAVIE, FLORIDA 33314 CLIENT
CERTIFICATE OF AUTHORIZATION : LB # 6448 1212 LINCOLN, LLC
PHONE (954) 689-7766 FAX (954) 689-7799
F
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: ?2.48:36-0400
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 :
LAND DESCRIPTION & SKETCH 02/13/20 ---- AM REC LAND 1600-1624 ALTON ROAD
DESCRIPTION & ‘
SKETCH FOR
10' SEWER LINE ( SCALE: N/A
EASEMENT ( SHEET 3 OF 3
• J
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 'if day of ions 2020.
Dan Gelber, Mayor
ATTEST:
7/1 Z�d
Rafael E. Granado, Ci y Clerk ;= .'5',
ms 's
INCORPORATED; = APPROVED AS TO
FORM & LANGUAGE
& ECUTION