Loading...
Termination and Abandonment of Easement at 6480 Allison Road, LLC aoI 5-2g 9 g3 • This instrument was prepared by: Name: Eve A. Boutsis Address: Office of City Attorney 1700 Convention Center Drive Miami Beach, Florida 33139 (Space reserved for Clerk) TERMINATION AND ABANDONMENT OF EASEMENT This termination and abandonment of Easement is entered into this - day of November, 2015, by 6480 Allison Road, LLC, with its address at: 6480 Allison Road, LLC (hereinafter referred to as Owner). and the City of Miami Beach, Florida, a Municipal Corporation with its address at 1700 Convention Center Drive, Miami Beach, FL 33139 (hereinafter referred to as City) its successors and assigns. WHEREAS, Owner is the owner of the Real Property, commonly known as 6480 Allison Road, Miami Beach, Florida, legally described as follows to wit: Folio: 02-3211-003-0380 The South 20 feet of Lot 39, Lot 40 and the North 15 feet of Lot 41, of Indian Creek Subdivision, according to the Plat thereof, as recorded in Plat Book 31 at page 75 of the public records of Miami Dade County, Florida and WHEREAS, an Easement appears on the property as reflected in the Official Records Book 1811 at pages 417-418, of the Public Records of Miami-Dade County. Florida, the Easement being more particularly described in Exhibit A, attached and incorporated by reference herein. WHEREAS, said Easement provides the City certain storm water sewer outfall rights relating to constructing and maintaining the stormwater sewer; and WHEREAS, the City wishes to terminate all of its right, title and interest in and to the Easement. NOW, THEREFORE, in consideration of the sum of TEN AND NO ($10.00) DOLLARS and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITYagrees as follows: EXHIBIT z - Page 2 of 2 5. The easement herein granted shall constitute a covenant running with the parcel of Real Property described herein and shall be binding upon and shall inure to the benefit of the Grantor and the Grantee, and their respective successors and assigns. 6. The rights and benefits of the Grantee under this Easement shall be freely assignable by the Grantee, in whole or in part. • 7. To the extent that the Easement granted herein is no longer required by Grantee, Grantee hereby agrees to execute and record in the Public Records of Miami-Dade County, Florida, appropriate documentation to abandon and terminate is Grant of Easement. Signed, witnessed, executed and acknowledged on this )3 day of November, 2015. IN WITNESS WHEREOF, the Seller has caused these presents to be signed in its name by their proper officials. Signed, sealed and delivered 6480 ALLISON ROAD, LLC in the presence of: a Florid -limited partnership Wit 1, j% U -- _ // 4%i By: .,/ // fre/i Vrt.. i/10- -t( Print Name: Print Nanke: Title: Witness: ., APPROVED AS TO Print Name. . FORM& LANGU•GE - STATE OF FLORIDA ) ""kiiihdliff/ if FOR EXECUT • COUNTY OF MIAMI-DADE) TCIN Attorney 'Dote I HEREBY CERTIFY that on this day, before e, an officer d '1 authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by , as of 6480 Allison Road, LLC, a Florida Limited Liability Corporation, who is personally known to me or who has produced a valid V■_1D t," driver's license as identification. WITNESS my hand and official seal in the County and State last aforesaid this \`tray of , 2015. ,Jp{ E PAGL�RY # ,p_� * MY COMMISSION#FF 138504 EXPIRES:et 2,2418 Bonded Thru Budget Notary Services Notary Public, State of Florida My Commission Expires: This instrument was prepared by: Name: Eve A. Boutsis Address: Office of City Attorney 1700 Convention Center Drive Miami Beach,Florida 33139 (Space reserved for Clerk) Grant of Easement This Grant of Easement entered into this /3 day of November 2015, by 6480 Allison Road, LLC, with its address at: 6480 Allison Road, Miami Beach, Florida (hereinafter referred to as Grantor) and the City of Miami Beach, Florida, a Municipal Corporation with its address at 1700 Convention Center Drive, Miami Beach, FL 33139 (hereinafter referred to as Grantee) its successors and assigns. 1. Grantor is the owner, in fee simple, of the Real Property legally described as: Folio: 02-3211-003-0380 The South 20 feet of Lot 39, Lot 40 and the North 15 feet of Lot 41, of Indian Creek Subdivision, according to the Plat thereof, as recorded in Plat Book 31 at page 75 of the public records of Miami Dade County, Florida 2. In consideration of the sum of ONE and no/100 ($1.00) DOLLAR and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants and conveys to the Grantee, over, under and across the Easement Area, more fully described in Exhibit A, an exclusive Easement for the installation, maintenance, construction and repair of a storm water drainage outfall pipes, and appurtenances, the costs and expenses associated with same to be paid by Grantee. The City of Miami Beach, its employees, contractors, or representatives shall have the permanent right and license for purposes of ingress and egress to and from the Easement for the purposes enumerated herein. 3. Grantee, its successors and assigns, agree to indemnify and hold Grantor, its successors and assigns, harmless from any and all liability, loss and against all claims or actions based upon or arising out of damage or injury (including death) to person(s) or property that Grantor, its successors and assigns may suffer as a result of claims, demands, costs, or judgments against it arising from Grantee's, its successors' and assigns' installation, use and maintenance of the Easement. 4. It is intended that this Easement shall be recorded in the Public Records of Miami-Dade County, Florida, and that this Easement shall be construed and shall be enforced in accordance with the laws of the State of Florida. EXHIBIT 4s • Termination And Abandonment of Easement 6480 Allison Road LLC Page 2 of 2 1. That the above captioned recitals are incorporated herein by this reference 2. That the Easement and its terms, conditions and provisions set forth in the Easement are hereby terminated, abandoned and released from the Real Property described above and shall have no further force and effect. IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witnesses: City of Miami B-.'a.: f ✓" r . a)1 B . /t ir 1-(i-5/ / '� int, '. e e: Ph li� ;-v e(Mayor /.4 , 1/1, , . , _. .: Print Name: APPROVED AS TO FORM & LANGUAGE &FOR EXECU 10 G, -f-2/i STATE OF FLORIDA) =City Attorney,, =ate . COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this 4 da of ()\' _��" Y , 201 by Philip Levine, as Mayor of the City of Miami Beac•, •, s 's sersona-y own o me or w o a produced as identification and di. •is not to e an oath. er ' EvE A.BOUTS'S` - sA on Expires: . - / 46` e(,�,= Notary Public-State cif Florida. ®".•'.°to'a 4.My Comm.Expires Feb 26,2017.` ;,',��-..�,;: Commission.# EE 855927 1 '' °; :?'' Bonded Through-National Notary.Assn. P City of Miami Beach -'? .4.4 By: ∎� / R II `et j i C f �,.Y-, �• , .,\.>,, . Rafae E. Granacfo, City Clerk C '. ,•-• '• ` '�:= * =.INCORP ORATED: �'• '' /� • -