Release 118 West DiLido Drive with Mary Carpenter do 13_c?V o 9
Se/13
This instrument was prepared by:
Name: Monika H. Entin, Esq.
Bercow Radell & Fernandez
Address: 200 S. Biscayne Blvd.,Suite 850
Miami, Florida 33131
RELEASE
This Release is made and entered into effective as of this day of September,
2014, by the CIY OF MIAMI BEACH, a political subdivision of the State of Florida (the
"City"), and with a mailing address of 1700 Convention Center Drive , Miami Beach FL
33139, with the joinder and consent of Mary Carpenter, the owner (the "Owner") of the..
property located at 118 West DiLido Drive, Miami Beach, Florida 33139 (the "Property),
within the City's municipal jurisdiction.
WHEREAS, on or about May 22,1941,the City was granted an easement recorded
in Book 2170 and Page 546, of the public records of Miami -Dade County, Florida (the
""Easement"')(Attached hereto as Exhibit "A") , the intent and purpose of which was to
allow the installation and maintenance of underground sewer lines; and
WHEREAS,on or about May 8,2013 the Owner of the Property obtained approvals
and consent from the City, pursuant to Resolution 2013-28209, to remove the existing
easement within the Property and relocate same upon portions of the area contemplated
elsewhere on the Property; and
WHEREAS, as part of the granting of those approvals and consents the City
required the Owner to relocate the existing easement to another location within the
Property, and
WHEREAS, pursuant to those approvals, the Owner is providing for an easement
for underground sewer lines to be relocated elsewhere on the Property; and
WHEREAS, the City is amenable to executing and delivering this Release of the
Easement in consideration for the newly relocated easement with the new 15 inch outfall
pipe; and
WHEREAS, the City has processed the request for execution and delivery of this
Release of the Easement recorded in Book 2170 and Page 546, of the public records of
Miami -Dade County, Florida in accordance with the requirements of the City;
NOW THEREFORE,in consideration of the forgoing,and other good and valuable
consideration provided by Owner, the receipt and sufficiency whereof are hereby
acknowledged by the City,the Easement is hereby released and canceled,in toto,and is of
no further effect.
IN WITNESS WHEREOF,the City has duly executed this Release as of the day and
year first above written.
CITY OF MIAMI BEACH,a politi al sbdivision
of the State of Florida
Wi sses: By:
e
Mayor Phili
Y P
(Printed)
Approved as to Form and Language for Execution
SVI
(Printed) City Attorney Date
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
Before me, a Notary Public in and for said C unty an klotte tate, personally appeared
14 0r 'Ph i�% )--e v I,� and 6 h `(P Q 'l who is
(Be) ersonally known o me or who has (h ve) produced as
identification an who did not take an oath, and who acknowledged the execution of the
foregoing instrument.
WITNESS my hand and Notarial Seal this day of 5eplemble.,� ,
2014.
My Commission Expires:
TVne, 201-1 PWary Public
L"aa H G(e
LAYDA HERNANDEZ (Printed
MY COMMISSION*FF025489
h E(PIRES:JUN 09,2017
OF Bonded through 1 st State Insurance
2
This instrument was prepared by:
Name: Monika H. Entin, Esq.
Bercow Radell &Fernandez
Address: 200 S. Biscayne Blvd., Suite 850
Miami, Florida 33131
UTILITY EASEMENT AGREEMENT
THIS UTILITY EASEMENT AGREEMENT ("Easement Agreement"), is made this
day of August 2014, by and among MARY CARPENTER, the owner (the "Owner" and
"Grantor") of the property located at 118 West Di Lido Drive, Miami Beach, Florida 33139 (the
"Property"), within the City's municipal jurisdiction and the CITY OF MIAMI BEACH, a
Florida municipal corporation, as grantee ("Grantee").
WITNESSETH:
WHEREAS, Grantor is developing a single-family home to be located on the Property;
and
WHEREAS, in exchange for Grantee releasing an easement recorded in Book 2170 and
Page 546-547, and as contemplated by City of Miami Beach Resolution 2013-28209 (executed
May 8, 2013), Grantor provides a new replacement perpetual utility easement to the Grantee; and
WHEREAS rantor will G 1 construct a new 15 inch storm-water outfall P i P e within the
new Easement Area, along the Property line consistent with the legal description and relocation
diagram, which is described in Composite Exhibit A hereto; and
WHEREAS, Grantor desires to provide the Grantee with the new perpetual right and
easement to lay, access, and maintain underground sewers, and in particular, a 15-inch storm-
water outfall pipe, as described in Composite Exhibit A, for the purposes set forth in this Utility
Easement Agreement.
NOW THEREFORE, for and in consideration of ten and No/100 dollars ($10.00) and
other good and valuable consideration the parties hereby mutually covenant and agree as follows:
1. The above recitals are true and correct, and are hereby incorporated into this
Agreement.
2. Consideration and Description. Grantor for and in consideration of the approval
to Release and relocate the previously existing easement held by the Grantee as previously
recorded at Miami-Dade County Official Record Book 2170 at page 547 and 548, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
hereby grants unto Grantee, its officers, agents, employees, contractors, successors and assigns, a
non-exclusive, perpetual and irrevocable utility easement, under, upon and through the land in
Miami-Dade, County, Florida, referenced herein as the Property, as more particularly described
on Composite Exhibit A.
3. Term of Easement. 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.
4. Rights and Restrictions of Grantor. Grantor shall have the right to full use and
enjoyment of the Property, except for such use as may unreasonably interfere with the exercise
by the Grantee of the rights granted herein. Grantor shall not construct, or permit to be
constructed, any structure or obstruction on or over the easement area, or which otherwise
interferes with the access, construction, maintenance or any other aspect of the stormwater pipe
identified in Composite Exhibit A, and authorized pursuant to this instrument.
6. Successors and Assigns. This Agreement shall be binding on the successors and
assigns of Grantor and Grantee.
7. Amendments; Termination. This Agreement may not be amended, modified or
terminated except by written agreement of all of the parties hereto or their respective successors
and/or assigns.
8. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and supersedes all prior agreements,
understandings and arrangements, both oral and written.
9. Grantor Representations. Grantor covenants, warrants and represents (i) that
Grantor is the fee simple owner of the Utility Easement Property and has the right, title and
capacity to grant the perpetual easement granted herein, and (ii) there are no lienholders on the
Easement Property.
10. Grantee and Affiliates. Grantee agrees to release Grantor, from and, to the
extent provided by, and subject to the limitations under, Section 768.28, Florida Statutes (as
same may be amended from time to time), indemnify them from any and losses, expenses, liens,
claims, demands and causes of action of every kind and character for personal injury, property
damage or any other liability, damages, fines or penalties, including, costs, attorney's fees and
settlement, resulting from, arising out of or in any way connected to the use of the Easement
Property by the Grantee, Grantee's Affiliates, guests or invitees of the Grantee, except to the
extent that the same are the direct result of the negligence or willful misconduct of Grantor, or
Grantor's employees, contractors, agents and/or representatives.
12. Maintenance. City of Miami Beach Resolution_ Number 2013-28209, which
authorized the release of a prior utility easement for the Grantor's Property be released, and
authorized the Grantor to be responsible for the maintenance, repair and installation of the new
15 inch outfall pipe located on the Easement Area of Grantor's Property.
13. 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 the Easement Property. The provisions hereof shall run with the land, shall be
binding on and shall inure to the benefit of the parties hereto,their successors and assigns.
TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever,
and Grantor will defend the title to the Easement Property against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, Grantor and Grantee have caused these presents to be
executed in their name, and their corporate seal to be hereunto affixed, by their proper officers
thereunto duly authorized,the day and year first above written.
[Signatures and acknowledgements appear immediately following.
Remainder of page intentionally blank.]
GRANTOR
Signed, sealed and delivered in the MARY CARPENTER
presence of:
, Pat-40 v-
Arint e: �c, Grantor/Owne
J
me: r1\n 1 LA e S
Before me, a Notary Public in and for said County and State, personally appeared
Mar" CA-rPc'-4z-- and who is (are)
personally known to me or who has (have) produced n;ovens L e et,— as identification
and who did not take an oath, and who acknowledged the execution of the foregoing
instrument.
WITNESS my hand and Notarial Seal this 5 7y day of Q-/4L)s 2014.
My Commission Expires:
/l(j 31, Zel 7 Notary Public
FMATTHEW CONSOLAZI O A(ATfrfcw Chinsofa?-/o
Notary Public (Printed)
Connecticut
sion Expires May 31]2017
(Type, print or stamp name under signature)
Title or rank and serial number, if any
[Signatures continued on following page.]
GRANTEE:
ATTEST: CITY OF MIAMI BEACH
l
City C rk , -- ;r,,� 1VI o`
nve io enter' ri'
�C0R Miam*L ea lorida 331')9
APPROVED AS TO FO RN
�2
AND LANGUAGE AND
FOR EXECUTION
City Attorney _- Dated
U
City Engineer Dated
LEGAL DESCRIPTION:
A portion of Lot 4, Block 2, PLAT OF DI LIDO AN ISLAND IN-BISCAYNE SAY, according to the plat thereof as
recorded in Plot Book S, Page 36 of the public records of Miami--Dade County, Flarldo being more
particularly described as follows;
Commence at the Northeast corner of sold Lot 4 oleo being a point on the Westerly right' of way line of
West Dl Lido Drive; thence S 00'00'00' E along soid West right of way line and East line of sold Lot 4 for
42.06 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue slang sold
East Line of Lot 4 and said West Right of way Tina for 14.65 feet; thence N 43'03'24" W for 61.87 feet
thence N 90'00'00" W along a fine 11.50 feet South of and.parallel with the North line of sold Lot 4 for
110.76 feet; thence N 0000'00" E along a fine 30.00 feet East of and parallel with the West Ilne of said
Lot 4 for 15D feat; thence N 90'04'00' W along o fine 9.00 .st 5outf• of rind paroiiel. with the North fine
nr mould Lot 4 for 30.00 feet to a point on said West find; thenca N 00'00'W"'E ainny gold West line for
7,50 feet; thence S 90'00'001 E along o line 1.50 feet South of and parallel with the North fine of sold Lot
4 for 145,10 feet; thence S 43'03'24" E for 65.51 feet to the Point of Beginning.
SURVEYOR'S NOTES: ,
— This site Ilea In Section 33, Township 53 South, Range 42. East, City of Miami Beach, Miami—bode
County, Florida.
— Bearings hereon are referred to an assumed value of S00'00'00"E for the West right of way line of �•.
Of Udo Drive.
— Lands shown hereon were no# abstracted for easements and/or rights—of—wo.y of records.
— This Is.not a "Boundary Survey' but only o graphic depiction of the description shown hereon.
— Dimension:s shown hereon are based on Survey prepared by ivfIGUEL ESPINOSA LAND SURVEYING INC.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Descrlptian" was triads Under my responsible charge on April 15, 2013,.
and meets the applicable codes as set forth lr): the Florida Administrative Code, pureuanf to 5ectliin
472.027; Florida Statutes,
"Not valid without the signature and the originol raised
seal of a norfdo Licensed Surveyor and Mapper"
FORTIN, 4r7 1111.,.1.13365,3
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Daniel C.Fortin,
Surveyor and Mappor,LS2853 �• r
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