Utility Easement Agreement with St. Patrick's Church and School fin S
This instrument prepared by, or under the supervision of
(and after recording, return to):
Raul Aguila
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
(Reserved for Clerk of Court)
UTILITY EASEMENT AGREEMENT
THIS UTILITY EASEMENT AGREEMENT ("Easement Agreement"), is made this
I day of 3 y u cir y 2010, by and among Thomas G. Wenski, Archbishop of the Diocese of
Miami, a/k/a St. Patrick's Church and School, the owner (the "Owner" and "Grantor") of the
property located at 3700, 3701 and 3716 Garden Avenue (the "Property"), within the City's
municipal jurisdiction and the City Of Miami Beach, a Florida municipal corporation, as grantee
("Grantee").
WITNESSETH:
WHEREAS, Grantor operates as a Church and Elementary School site as described in
Composite Exhibit"A"; and,
WHEREAS, Grantor raised concerns for the safety of the elementary school children
requested that the City vacate the right-of-way identified in Composite Exhibit "A", in favor of
the Grantor; and,
WHEREAS, the vacated right-of-way adjacent to St. Patrick's Church and School, along
N. Meridian Avenue, between 37th Street and 39th Street, consisting of approximately 17,500
square feet (as set forth in the sketch attached as part of Composite Exhibit "A" hereto), which
originated when the Plat of Garden Subdivision was platted in 1926 Miami Beach, Florida is
now part of Grantor's land identified in Exhibit"B"; and,
WHEREAS, in exchange for Grantee providing the vacation and quit claim deed to
Grantor, as contemplated by City of Miami Beach Resolution 2014-28753 (executed September
17, 2014), Grantor provides the City a Utility Easement along the same area described in
Composite Exhibit"A"; and
WHEREAS, Grantor provides to the City a utility Easement area consistent with the
legal description contained 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 water, sewer, and stormwater pipes, as well
as street lighting and electrical lines and systems, as well as any existing gas, telephone, or cable
access easements within the area described in Composite Exhibit "A", for the purposes set forth
in this Utility Easement Agreement.
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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 vacate the right-of-way held by the Grantee, 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 in 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 building, structure, or obstruction on or over the easement area that interferes
with the City's easement to lay, access, construct, install, and maintain underground or any other
aspect of the following: potable water, waste water, stormwater pipes; street lighting and
electrical and cable lines and systems, as well as any existing gas, telephone, or cable lines
within the area described in Composite Exhibit"A", and authorized pursuant to this instrument.
Grantor's reasonable use of the Property includes, but shall not be limited to, the
construction of fences and gates, the installation of landscaping and related infrastructure, and/or
the construction or modification of curbs, sidewalks and driveways. The scope of any fencing
permitted within the Property shall not exceed that depicted in Building Permit Application
B1501204. The City agrees that the fencing depicted in Building Permit Application B1501204
will not interfere with the City's easement across the Property. Grantor may modify or replace
the fencing as long as any replacement fencing does not exceed the dimensions reflected in the
approved plans for Building Permit Application B1501204.
The Grantor shall be responsible for the maintenance of the Property and any surface
improvements, except that the City shall be responsible for making any repairs necessary
following the installation or repair of any City facilities within the Property.
5. Successors and Assigns. This Agreement shall be binding on the successors and
assigns of Grantor and Grantee.
6. 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.
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7. 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.
8. Grantor Representations. Grantor covenants, warrants and represents (i) that
Grantor is the fee simple owner of the Property and has the right, title and capacity to grant the
perpetual easement granted herein, and (ii)there are no lienholders on the Property.
9. 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 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, visitors, guests,invitees, agents and/or representatives.
10. Maintenance. The City shall be responsible for the maintenance, repair and
installation of any pipes or electrical lines or equipment within the Property.
11. 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 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 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 this page.
Remainder of page intentionally blank.]
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GRANTOR
Signed/At-.led and d ' 'ered in the Diocese of Miami
prese ce o :
, 1 ' n 1
.., t N. , ' S c�li. Grantor/0 er; ) /
// Authorized Representative of Ig&W, a - - the Diocese of Miami
Prin ame• / L me, , ;€/citv Archbishop Thomas G. Wenski, Archbishop of the
Archdiocese of Miami, His Successors in Office, a
corporation sole
[Notary signature continued on following page.]
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Before me, a Notary Public in and for said County and State, personally appeared
A- ,r, ,,50,i t 5 , and . C cc Y-e.4-+; A-in kX.v.%y , who is
(Eel personally known to me or who has (have) produced 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 (P day of i e_c e,r , 2014.
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2� 2 My Commission Expires: ...
Notary Public '
,:,.•PUeG, MAYRA NEULINA ROSSELL s s 1 I
_.:.* `' Notary Public,State of Florida I k c r c� Pe,v \t nc� o
?OFFICULLi Commission#EE59290
'. oF ... My Commission Expires dart,27,2015
(Printed)
(Type, print or stamp name under signature)
Title or rank and serial number, if any
GRANTEE:
ATTEST: CITY OF MIAMI BEACH
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Ra ael E. Granado, City C erk .<,\ `; Philip:-• %` vint rMayor
-` •,,k;-,,';--',- on ration Center Drive
cC 1-t 9 Iat i B h Florida 33139
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APPROVED AS TO FORM •
AND LANGUAGE AND
FOR EXECUTION
/
A.J.....,- 4 ...,,
R u/Ag i a, City Attorney / Dated
/ - 16/ ------
Bruce Mowry, City E•s neer Dated
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