HomeMy WebLinkAboutRelease of Subsurface RightsThis instrument prepared by and returned to:
Laura R. Gangemi, Esq.
Greenberg Traurig P.A.
1221 Brickell Avenue
Miami, Florida 33131
RELEASE OF SUBSURFACE RIGHTS
CFN 2007R0033348
OR Bk 25266 Pas 2514 - 2517; (fpss)
RECORDED 01 /10 /2007 13:00: ?2
HARVEY RUVINP CLERK OF COURT
MIAMI -DADE COUNTYP FLORIDA
THIS RELEASE OF SUB URFACE RIGHTS (the "Release ") is executed and
delivered as of the � day of L, 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 "City ").
RECITALS
1. TRG -BLOCK ONE, LTD., a Florida limited partnership ( "TRG -Block 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 1 of the Plat has been vacated and the public use
rights therein terminated pursuant to Resolution No. 2004 - 25655. The portion of the Alley that
lies westward of lots 1 through 4 in Block 1 of the Plat and eastward of Lots 14 through 17 in
Block 1 of the Plat has not been vacated. Such portion of the Alley is referred to herein as the
"Open Alley ".
4. TRG -Block 1 intends to build certain subsurface improvements under certain
portions of the Open Alley, and in connection therewith, TRG -Block 1 has requested the City to
release and terminate all subsurface rights it has with respect to the Open Alley that are created
by virtue of the Plat Use Dedication.
5. The City has agreed pursuant to the terms and conditions of this Release to release
and terminate all subsurface rights it has with respect to the Open Alley that are created by virtue
of the Plat Use Dedication.
Book252661Page2514 CFN #20070033348 Page 1 of 4
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.
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 relocation of utility easements within the Open Alley, or (b) receipt by TRG -
Block 1 of letters of agreement of no objection by such utility companies, the City releases and
terminates all subsurface rights it has with respect to the Open Alley, including without
limitation, any subsurface easement rights. 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 Court of Miami -Dade
County, Florida referencing this Release and stating that either (a) or (b) has occurred and submit
a copy thereof to the City Clerk.
3. Upon the occurrence of either 2. (a) or (b), and the required recording and
submittal provided in paragraph 2, all subsurface rights, including without limitation, any
subsurface easement rights, that the City has with respect to the Open Alley, shall be deemed
fully and forever canceled, terminated, extinguished, abandoned and held for naught and shall be
released to the respective abutting property owners within Block 1 of the Plat. The City's
interest in the Open Alley shall remain in full force and effect until the items in 2 above occur,
including the statement recorded and copy thereof submitted to the City Clerk.
4. The City reserves all surface rights it has with respect to the Open Alley that are
created by virtue of the Plat Use Dedication. TRG -Block 1 shall use reasonable, good faith
efforts during the period of construction of the improvements it intends to construct within the
Open Alley to minimize the construction dirt and debris on the surface of the Open Alley. After
completion of construction of such improvements, TRG -Block 1 shall repair any damage it
causes to the surface of the Open Alley.
5. Execution of this Release by the City shall not, in and of itself, be deemed to be
an approval by the City to any transfer of floor area or floor area ratio rights within the TRG
Property,
This Release shall be binding upon the City and its successors and assigns, and shall
inure to the benefit of the respective abutting property owners within Block 1 of the Plat and
their respective successors and assigns.
Book252661Page2515 CFN #20070033348 Page 2 of 4
Att
�t
Cit Clerk
Robert Parcher
APPROVED AS TO
FORM & LANGUAGE
& EXEC TION
r "i a ey ate
City gine r Date
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI -DADE )
CITY PF
a mu Mp 1
:M
MA
David Dermer
CH, FLORIDA,
I HEREBY CERTIFY that the foregoing I strument was acknowledged and executed
before this -� day of (�, 2006, by ✓rr QryrQ Y , as Mayor of The City of
Miami Beach, a municipal corporation, on behalf of said entity. He /She [check one] _ is
personally known to me, or has produced e ce of hi 'entity satisfactory to me.
v'de
Notary PUAX State.0—f Flori
STATE OF FLORIDA ) KERRY HERNANDEZ
` MY COMMISSION # DD 17549
EXPIRES: May 3, 2007
SS:
COUNTY OF MIAMI -DADE ) ' A y ' a°" ded Notary p3C Underwriters
I HEREBY CERTIFY that the foregoing instrument wa acknowledged and executed
before this day of O t1. , 2006, by�� Yf r QY , as City Clerk of The it
of Miami Beach, a municipal corporation, on behalf of said entity. He /She [check one] ✓is
personally known to me, or has produced eya�nce o��s d ntity satisfactory to me.
P9, , KERRY HERNANDEZ
MY COMMISSION if DD 17
F : latto\HELGILITIGATIWaska\Block 1 20061TRG Block One Release o t s fEaserPzMftetVs,6inzM4
Bonded Thru Notary
Book252661Page2516 CFN #20070033348
Seal]
Page 3 of 4
OR BK 25266 PG 2517
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"
Book252661Page2517 CFN #20070033348 Page 4 of 4