HomeMy WebLinkAboutAlley Termination AbandonmentThis instrument prepared by and returned to:
Laura R. Gangemi, Esq.
Greenberg Traurig P.A.
1221 Brickell Avenue
Miami, Florida 33131
GFN 2007R0033347
OR Bk 25266 P9s 2510 - 7513; (4vss)
RECORDED 01/14/2047 13:04:22
HARVEY RUVINr CLERK OF COURT
MIAMI -€}ADE COUNTYP FLORIDA
TERMINATION AND ABANDONMENT AGREEMENT
THIS TERMINATION AND ABANDONMENT AG EMENT (the
"Termination ") is executed and delivered as of the �- day of�, 2006, by the
CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, the mailing
address of which is 1700 Convention Center Drive, Miami Beach, Florida 33139 (the
" „).
RECITALS
1. TRG -BLOCK ONE, LTD., a Florida limited partnership ( "TRG -Black
1 "), is the owner of certain lots and other property legally described on Exhibit "A"
attached hereto (the "TRG Property ") located within Block 1 of the plat of OCEAN
BEACH, FLA, according to the Plat thereof, as recorded in Plat Book 2 at Page 38 of the
public records of Miami -Dade County, Florida (the "Plat ").
2. Block 1 of the Plat includes a twenty foot (20') wide alley (the "Alley ")
that the Plat dedicates to the perpetual use of the public (such dedication is referred to
herein as the "Plat Use Dedication ").
3. The portion of the Alley that lies westward of Lots 5 through 8 in Block 1
of the Plat and eastward of Lots 9 through 13 in Block I of the Plat has been vacated and
the public use rights therein terminated pursuant to and subject to the terms of Resolution
No. 2004 -25655 (the "Resolution "). Such portion of the Alley is referred to herein as the
"Vacated Alley ".
4. The City is executing, delivering and recording this Termination to effect
of record the termination, abandonment and vacation of the Vacated Alley and release
and termination of the Plat Use Declaration with respect to the Vacated Alley, all subject
to the terms of this Termination.
NOW, THEREFORE, in consideration of the Ten and No /100 Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the City hereby declares and agrees as follows:
1. The foregoing recitals are true and correct and are incorporated herein by
this reference.
Error! Unknown document property name.
Book25266 /Page2510 CFN #20070033347
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2. Subject to and conditioned upon either (a) compliance by TRG -Block 1
with any required conditions of the City and all utility companies with regard to any and
all costs and work related to the relocation of utility easements within the Vacated Alley,
or (b) receipt by TRG -Block 1 of letters of agreement of no objection by such utility
companies, the City terminates, abandons. and vacates the Vacated Alley and releases and
terminates all rights it has with respect to Plat Use Dedication with respect to the
Vacated Alley.
3. Upon the occurrence of either 2. (a) or (b), the Vacated Alley shall be
deemed terminated, abandoned and vacated by the City, and all rights the City has with
respect to the Plat Use Dedication with respect to the Vacated Alley shall be deemed
fully and forever canceled, terminated, extinguished, abandoned and held for naught.
Upon the occurrence of either 2. (a) or (b), TRG -Block 1 shall record a statement in the
recorder's office of the Clerk of the Court of Miami -Dade County, Florida, and submit a
copy thereof to the City Clerk, referencing this Termination and stating that either (a) or
(b) has occurred.
4. The City's interest in the Vacated Alley shall remain in full force and
effect until the items in 2 and 3 above occur, including the statement recorded and copy
thereof submitted to the City Clerk.
This Termination shall be binding upon the Ci
and shall inure to the benefit of TRG -Block 1 and its su
At t• �'
City Clerk
Robert Parcher
APPROVED AS TO
FORM & LANGUAGE
& FOR EXrP1CUTION
its successors and assigns,
s end assigns.
BEACH, FLORIDA,
- ation
MAYOR
David Dermer
IC
ft 910me
y �t to
City 9ineer ate
2
Book25266/Page2511 CFN #20070033347 Page 2 of 4
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STATE OF FLORIDA }
) SS:
COUNTY OF MIAMI -DADE )
I HEREBY CERTIFY that the foregoing instrument was acknowledged and
executed before this J— day of V ed, , 2006, by bq�,d ) pr�s,e�( , as Mayor
of The City of Miami Beach, a municipal corporation, on behalf of said entity. He /She
[check one] I Z is personally known to me, or has produced evidence of his identity
satisfactory to me. J
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI -DADE )
y rlic, State of Florida
KERRY K NANDEZ ]
MY COMMISSION # DD 175491
EXPIRES: May 3, 2007
Bonded Thru Notary Punic Underwrkom
so �/7o� : ,zaoG- �G3 yb J
I HEREBY CERTIFY that the foregoing instrument was acknowledged and
executed before this -,! day of pt/ , 2006, by pk rf � as City
Clerk of The City of Mia 1 Beach, a municipal corporation, on behalf of said entity.
U 0/he [check one] is personally known to me, or has produced evidence of his
identity satisfactory to me.
F :\atto\HELG\L1TiGATMIaska\Block 1 20WTRG Block One
3
Book252661Page2512
CFN #20070033347
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OR SK 25266 PG 2513
LAST PAGE
Property Owned by TRG -Block One Ltd., (the "TRG Property ")
Lots 1 -3, 5 -13, 17, Block 1, Ocean Beach Florida
Subdivision, according to the plat thereof, recorded at Plat
Book 2, Page 38, in the Public Records of Miami -Dade
County, Florida.
Exhibit "A"
Book25266/Page2513 CFN #20070033347
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