2016-29542 Reso RESOLUTION NO 2016-29542
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A TERMINATION AND ABANDONMENT
OF AN EXISTING UTILITY EASEMENT AGREEMENT BETWEEN THE
CITY, AS GRANTEE, AND MICHAEL AND MARY CARPENTER, AS
GRANTOR AND AS THE OWNERS OF THE PRIVATE RESIDENTIAL
PROPERTY AT 118 WEST DI LIDO DRIVE (THE PROPERTY), AND
APPROVING AND AUTHORIZING THE ACCEPTANCE OF A NEW UTILITY
EASEMENT FROM THE OWNERS.
WHEREAS,on May 8, 2013, via Resolution No. 2013-282209,the City vacated an existing
easement on the property of Michael and Mary Carpenter (Owners), located in the middle of the
residential property known as 118 West Di Lido Drive(the Property)and simultaneously authorized
a new utility easement, along the Property line for stormwater outfall purposes; and
WHEREAS, Resolution No. 2013-28209 was executed so that the Owners Could begin
construction of their new home, without having to worry about the utility easement splitting their
property and having the easement bisect their new home; and
WHEREAS,the Owners are seeking to partially terminate and abandon a portion of existing
easement, as approximately one-third of the length of the easement, cuts across the property at a
diagonal and the Owners and Public Works would prefer a linear easement; and
WHEREAS, the Owners desire to construct a reflection pool, ("Improvements") on their
Property, which encroaches on the southern two and a half feet (2 '/2') of the Easement Area; and
WHEREAS, the City is amenable to executing and delivering this Release of the 2014
Easement in consideration of a modification to the Easement Area;
WHEREAS, the Owners are also seeking to provide a new utility easement along the
property line that would replace the abandoned easement, in order to ensure that the 10 foot
easement is in a straight line following the property line; and
WHEREAS, City staff has reviewed the Owners' request and believes that the
abandonment of the existing easement, concurrent with the Property owner granting the City a
new easement for the installation and maintenance of the proposed 15-inch stormwater outfall
pipe, would be in the best interest of the City, and would accommodate the request of the
Owners to build their new pool.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute a termination and
abandonment of an existing utility easement agreement between the City, as Grantee, And
Michael and Mary Carpenter, as Grantor, and as the Owners of the private residential property at
118 West Di Lido Drive (the Property), and Approve and authorize the acceptance of a new
utility easement from the Owners, for the construction, installation, maintenance, repair, and
replacement of a new fifteen-inch (15") stormwater outfall pipe.
PASSED and ADOPTED this /y day of September, 2016.
ATTEST: j
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4 ( 1- / it "-vine, Mayor
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1 ,_`'.~` `' APPROVED AS TO
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Resolutions - C7Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 14, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A TERMINATION AND ABANDONMENT OF AN
EXISTING UTILITY EASEMENT AGREEMENT BETWEEN THE CITY, AS
GRANTEE, AND MICHAEL AND MARY CARPENTER, AS GRANTOR AND AS
THE OWNERS OF THE PRIVATE RESIDENTIAL PROPERTY AT 118 WEST DI
LIDO DRIVE (THE PROPERTY), AND APPROVING AND AUTHORIZING THE
ACCEPTANCE OF A NEW UTILITY EASEMENT FROM THE OWNERS.
RECOMMENDATION
The Administration recommends approving the Resolution.
ANALYSIS
On May 8, 2013, via Resolution No. 2013-282209, the City vacated an existing easement on the
property of Michael and Mary Carpenter (Owners), located in the middle of the residential
property known as 118 West Di Lido Drive (the Property) and simultaneously authorized a new
utility easement, along the Property line for stormwater outfall purposes.
Resolution No. 2013-28209 was executed so that the Owners Could begin construction of their
new home, without having to worry about the utility easement splitting their property and having
the easement bisect their new home.
The Owners are seeking to partially terminate and abandon a portion of existing easement, as
approximately one-third of the length of the easement, cuts across the property at a diagonal
and the Owners and Public Works would prefer a linear easement. The Owners desire to
construct a reflection pool, ("Improvements") on their Property, which encroaches on the
southern two and a half feet (2 1/2')of the Easement Area.
The City is amenable to executing and delivering this Release of the 2014 Easement in
consideration of a modification to the Easement Area. The Owners are also seeking to provide
a new utility easement along the property line that would replace the abandoned easement, in
order to ensure that the 10 foot easement is in a straight line following the property line
Page 455 of 2277
City staff has reviewed the Owners' request and believes that the abandonment of the existing
easement, concurrent with the Property owner granting the City a new easement for the
installation and maintenance of the proposed 15-inch stormwater outfall pipe, would be in the
best interest of the City, and would accommodate the request of the Owners to build their new
pool.
CONCLUSION
The Administration recommends approving the Resolution.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ Original easement
❑ RESOLUTION
❑ UPDATED AGREEMENT
❑ Attachment A
❑ Attachment B
❑ New location of easement
Page 456 of 2277
1 11111111111111111111111111 11111 11111 11111111
•
IN 2 q::yo p�o 0 9 7 1 '9'
OR 8k. 29734 F'aa :3875 -- 3882; (spas)
RECORDED 10/10/2014 15:52:31.
HARVEY 1 UVIFIv CLERK OF COURT
t1IANI°•DADE C:OUNT f v FLORIDA
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 E SEMEN]. AGREEMENT ("Easement Agreement"), is made this
/.1 day of st 14, 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, Grantor will construct a new 15 inch storm-water outfall pipe 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.
•
Page 457 of 2277
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.
Page 458 of 2277
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 ofpage intentionally blank.] •
Page 459 of 2277
•
GRANTOR
Signed, sealed and delivered in the MARY CARPENTER
presence of:
(--01,4;
Pru ► . A Grantor/Owne4l /
lj
Gtr
'rintLi ame: &Ion t c(At
Before me, a Notary Public in and for said County and State, personally appeared
Mafui A , c���c�Fzr , and f✓//I , who is (are)
personally known to me or who has (have) produced F/61,4, C,«„se.. 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 )S 7H day of h!vu c�¢ , 2014.
d
My Commission Expires:
Mai 311 Z417 Notary Public
MATTHEW CONSOLAZIO HA-TNEw Con SoiAzio
Notary Public (Printed)
Connecticut p
My Commission Expires May 31,2017
(Type, print or stamp name under signature)
Title or rank and serial number, if any
[Signatures continued on following page.J
Page 460 of 2277
GRANTEE:
ATTEST: CITY OF MIAMI BEACH
City C rk -,.,) �,,,�M,yo
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_~�l.7.00; n nvei-'io enter Drive
I/ y "-.MCORP Ohl'\I lam iPea lorida.33I39
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APPROVED AS TO FO' �It�1�'e1 9c;" �' !i'
AND LANGUAGE AND ---Q—M• fi-'
FOR EXECUTION
City Attorney` ,/., Dated
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City Engineer Dated
•
Page 461 of 2277
LEGAL DESCRIPTION: EXHIBIT 'A"
A portion of Lot 4, Block 2, PLAT OF DI LIDO AN ISLAND IN BISCAYNE BAY, according to the plat thereof as
recorded in Plat Book 8, Page 36 of the public records of Miami—Dade County, Florida being more
particularly described as follows:
Commence at the Northeast corner of said Lot 4 also being a point on the Westerly right of way line of
West Di Lido Drive; thence S 00'00'00" E along said West right of way line and Ecst line of said Lot 4 for
42.06 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue along said
East Line of Lot 4 and said West Right of way line for 14.65 feet; thence N 43'03'24" W for 61.87 feet;
thence N 90'00'00" W along a line 11.50 feet South of and parallel with the North line of said Lot 4 for
110.76 feet; thence N 00'00'00" E along a line 30.00 feet East of and parallel with the West line of said
Lot 4 for 2.50 feet; thence N 90'00'00" W along a line 9.00 feet South of and parallel with the North line
of said Lot 4 for 30.00 feet to a point on said West line; thence N 00'00'00" E along said West line for
7.50 feet; thence S 9000'00" E along a line 1.50 feet South of and parallel with the North line of said Lot
4 for 145.10 feet; thence S 43'03'24" E for 55.51 feet to the Point of Beginning.
SURVEYOR'S NOTES:
— This site lies in Section 33, Township 53 South, Range 42 East, City of Miami Beach, Miami—Dade
County, Florida.
— Bearings hereon are referred to an assumed value of S0000'00"E for the West right of woy line of
Di Lido Drive.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Survey prepared by MIGUEL ESPINOSA LAND SURVEYING INC.
SURVEYOR'S CERTIFICATION:
1
I hereby certify that this "Sketch of Description" was made under my responsible charge on April 16, 2013,
and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section
472.027, Florida Stctutes.
"Not valid without the signature and the original raised
seal of a Florida Licensed Surveyor and Mapper"
FORTIN, LEERY, SKILES, INC., LB3653
/� ;
Daniel C. Fortin, For The Fir
Surveyor and Mapper, LS2853
State of Florida.
Drawn By REP m (Le al Description i tion Notes and Certification 'D
lg I� r April 16, 2013
No 130473 FORTIN, LEAVY, S KILES INC. s�81e None
Ref Dwg. ,3012-035 CONSULTING ENGINEERS, SURVEYORS &MAPPERS Job.No. 130473
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg No. 1013-034
l 180 Northeast 168th Stre� /n T Afi i�Beach,�Florida 33162
Plotted: 9/22/2014 1:02 PM Phone 305-653-4493/Fax 3 6 7 52 Email fls flssurve com Sheet 1 of 3 J
EXHIBIT 'A"
RIVO ALTO
ISLAND
SAN MARINO
ISLAND
DI LIDO
ISLAND
VENETIAN WY
--� GRAPHIC SCALE
0 200 400 800
( IN FEET ) /y!
1 inch = 400 ft.
a Drawn By REP / Location Sketch 1 Date April 16, 2013
cad.No.130473 F ORTIN, LEAVY, S KILES, INC. She 1" = 400'
Ref.Dwg. 3012-035 CONSULTING ENGINEERS, SURVEYORS&MAPPERS lob.No. 130473
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034
180 Northeast 168th Str t/N Rai each,Florida 33162
Plotted: 9/22/2014 1:03 PM J Phone 305-653-4493/Fax 3 -6 V7 mail fls @flssurvey.com / Sheet 2 of 3 )
OR 181.0,`, 29346 PG 388:2
LAST PAGE
,
EXHIBIT 'A"
'
,
Lot 6,Block 2
F ,r POINT OF
South line of -/ COMMENCEMENT w' '
Lot 5,Block 2 Northeast Corner of Lot 4, z
J
Block 2 PLAT OF DI LIDO ¢
Lot 5,Block 2 AN ISLAND IN z
I
BISCAYNE BAY I LL1
PLAT BOOK 8, PAGE 36 P
in North line of
Lot 4,Block 2--\s. ^ 27.5' 27.5' 1
N00°00'00"E r °' S90°00'00"E 145.10' tiV VV
7.50' ����i � ��5/� .,r SQ�o W
BISCAYNE N90°00'00"W 110.76' �!i S `�� o East Lin-of
BAY ° `Sr-Sr'' -oo o Lot 4,Bldck 2 >
N00 00'00"E o to
N90°00'00"W 2.50' tiQ ° o
Lot 4,Block 2 �0
West line of 30.00' sr fir, J
Lot 4. Block 2 \ `�A POINT OF •E
I i
Loo4h line of Soo°00'00"E Al BEGINNING
t 1- 14.65'
North line of
Lot 3,Block 2 West Ri'ht of
f Way Line f West
Di Lido rive
27.5' 27.5'
Lot 3,Block 2 --
South line of
N Lot 3,Block 2
t.
Lot 2,Block 2
GRAPHIC SCALE
, ,
0 20 40 80
( IN FEET ) ��/„�/
1 inch = 40 ft. fY
(-Drawn By REP , SKETCH OF DESCRIPTION D April 16, 2013 -N
Cad.No.130473 F ORTIN, LEAVY, S KILES, INC. Scale 1” = 40'
Ref.Dwg. 3012-035 CONSULTING ENGINEERS,SURVEYORS &MAPPERS Job.No. 130473
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034
Plotted. 180 Northeast 168th Strest/N�t [''' Beach,Florida 33162
9/22/2014 PM l ` phone 305-653-4493/Fax mail fls®flssnrvey.com J Sheet 3 of 3 J
This instrument was prepared by:
Name: Monika H. Entin, Esq.
Bercow Radell & Fernandez
Address: 200 S. Biscayne Blvd., Suite 850
Miami, Florida 33131
PERPETUAL UTILITY EASEMENT AGREEMENT
THIS UTILITY EASEMENT AGREEMENT ("Easement Agreement"), is made this
day of , 2016, by and among MICHAEL CARPENTER, MARY
CARPENTER, the owners (the "Owners" and "Grantors") 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, on May 8, 2013, via Resolution No. 2013-282209, the City vacated an
existing easement on the property of Michael and Mary Carpenter (Owners), located in the
middle of the residential property known as 118 West Di Lido Drive (the Property) and
simultaneously authorized a new utility easement, along the Property line for stormwater outfall
purposes; and
WHEREAS, Resolution No. 2013-28209 was executed so that the Owners Could begin
construction of their new home, without having to worry about the utility easement splitting their
property and having the easement bisect their new home; and
WHEREAS, in exchange for Grantee releasing an easement recorded in Book 29346
Pages 3875-3882, and as contemplated by City of Miami Beach Resolution
(executed , 2016), Grantors hereby provide a new replacement perpetual
utility easement to the Grantee; and
WHEREAS, the Owners desire to construct a reflection pool, ("Improvements") on their
Property, which encroaches on the southern two and a half feet (2'/2) of the Easement Area; and
WHEREAS, the City is amenable to executing and delivering this Release of the 2014
•
Easement in consideration of a modification to the Easement Area, providing that the remaining •
seven and a half feet (7 Y2') of the Easement Area shall not be encumbered by any
• improvements;
WHEREAS, the Owners are also seeking to provide a new utility easement along the
property line that would replace the abandoned easement, in order to ensure that the 10 foot
easement is in a straight line following the property line; and
Page 467 of 2277
WHEREAS, City staff has reviewed the Owners' request and believes that the
abandonment of the existing easement, concurrent with the Property owner granting the City
a new utility easement for the installation and maintenance of the proposed utility , would be
in the best interest of the City, and would accommodate the request of the Owners to build
their new pool.
WHEREAS, Grantors desire to provide the Grantee with the new perpetual right and
easement to lay, access, and maintain underground utilities in the area described in Composite
Exhibit A, attached hereto (the "Easement Area"); and
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. Grantors 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 29346 at pages 3875-3882,
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. Notwithstanding the grant of easement as set forth herein, the City agrees, provided
that and for so long as Owners timely observe and perform all obligations hereunder, the Easement
Area shall be re-configured, as described in Composite Exhibit A, to allow Owners to construct a
reflection pool, ("Improvements") adjacent to. the Easement Area, provided the Easement Area
shall not be encumbered by Owners by any improvements, other than removable landscape and
removable hardscape features. A copy of Owners' preliminary plans for Improvements to the
Property is attached hereto as Exhibit "B"; the parties acknowledge and agree that Exhibit-`B"
is not a construction drawing but is schematic and conceptual, and further recognize that
Owners may modify the non-material details of such plan as long as all Owners' Improvements
adjacent to the Easement Area remain consistent with the restrictions set forth in the foregoing
sentence and in the Agreement. In the event the City requires access to the Easement Area
contained in Composite Exhibit A, Owners acknowledge and agree that the City shall have no
liability to Owners for damage to the reflection pool, or other improvements of Owners or
otherwise arising therefrom. Owners further agree that upon reasonable advance notice from
• the City evidencing that the City requires access over the two and a half feet (2 '/' ) containing
the Improvements adjacent to the south side of the Easement Area, in connection with exercise
•
of its rights hereunder, for the duration of the Agreement, the City shall only be required to level
the area with the surrounding property and install natural vegetation over the Easement Area
and the adjacent two and a half feet (2 1/2) where the Improvements are located, at its sole cost
and expense,. Owners further agree that in the event of required removal or modification of
Improvements, or of the City's exercise of any of its rights hereunder, Owners shall have no
claim for, and shall not bring action (including an action for equitable estoppel) against the City, •
• and hereby waive the right to file any claims of any kind or nature against the City to recover the.
Page 468 of 2277
value of Owners' Improvements or any other compensation or damages, other than as provided
herein.
4. Perpetual Easement. This voluntary Easement Agreement shall remain in full force
and effect and shall be binding upon the Grantor of the Property, its successors in interest and
assigns, in perpetuity and shall be possessed and enjoyed by the Grantee, its successors and
assigns, for the purposes stated herein.
5. Rights and Restrictions of Grantors. Grantors 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. Pursuant to the terms of paragraph, 3
above, Grantors may construct the Improvements adjacent to the Easement Area, provided the
Easement Area shall not be encumbered by any improvements. Grantors shall not construct, or
permit to be constructed, any structure or obstruction on or over the Easement Area, or which
otherwise interfere with the access, construction, maintenance of any utility placed within the
Easement Area
•
6. This Easement Agreement may be modified, amended or released as to any
portion of the Property by a written instrument executed by the then Grantor(s) of the fee-simple
title to the land to be affected by such modification, amendment or release providing that same
has been approved by the Public Works Director. Should this instrument be so modified,
amended or released, the Pubic Works Director shall execute a written instrument in recordable
form effectuating and acknowledging such modification, amendment or release..
7. This Easement Agreement shall be recorded in the Public Records of Miami-
Dade County, Florida, at the cost of the Grantor.
8. It is understood and agreed that any City official has the right, during normal
business hours, to enter and investigate the use of the Property, to verify compliance with the
conditions of this Easement Agreement and the requirements of the City's building, public
works, zoning and land development regulations.
9. An action to enforce the terms and conditions of this Easement Agreement may
be brought by the Grantee and may be, at law or in equity, against any party or person violating
or attempting to violate any provision of this Easement Agreement or provisions of the building,
City Code, zoning or land development regulations, either to restrain violations or to recover
damages.
10. This Easement Agreement shall be enforceable in Miami-Dade County, Florida,
and if legal action is necessary by either party with respect to the enforcement of any or all of
the terms and conditions herein, exclusive venue for the enforcement of same shall be Miami-
Dade County, Florida. This Easement Agreement shall be governed by, and construed in
accordance with, the laws of the State of Florida, both substantive and remedial, without regard
to principles of conflict of laws. The exclusive venue for any litigation arising out of this
Easement Agreement shall be Miami Dade County, Florida, if in state court, and the U.S. District •
Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS EASEMENT •
AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER
Page 469 of 2277
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS EASEMENT.
11. Successors and Assigns. This Easement Agreement shall be binding on the
successors and assigns of Grantors and Grantee.
13. 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.
14. Grantors Representations. Grantors covenant, warrant and represent (i) that
Grantors are the fee simple owners of the Utility Easement Property and have the right, title and •
capacity to grant the perpetual easement granted herein, and (ii) there are no lienholders on the
Easement Property.
• 15. Grantee and Affiliates. Grantee agrees to release Grantors, 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
P Y
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
Grantors, or Grantors' employees, contractors, agents and/or representatives.
• 16. 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.
i TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever,
and Grantors will defend the title to the Easement Property against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, Grantors 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.] •
Page 470 of 2277
GRANTORS
Signed, sealed and delivered in the MICHAEL CARPENTER
presence of:
Print Name: Grantor/Owner
•
Print Name:
•
Signed, sealed and delivered in the MARY CARPENTER •
presence of:
Print Name: Grantor/Owner
Print Name:
• Before me, a Notary Public in and for said County and State, personally appeared
, and , who is
•
(are) 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 day of
2016.
My Commission Expires:
Notary Public
(Printed)
(Type, print o r stamp name under signature)
)
Title or rank and serial number, if any
[Signatures continued on following page.]
•
Page 471 of 2277
•
GRANTEE:
ATTEST: CITY OF MIAMI BEACH
•
City Clerk Mayor
1700 Convention Center Drive
Miami Beach, Florida 33139
APPROVED AS TO FORM
AND LANGUAGE AND
FOR EXECUTION
I '1
0 //6
ity Attorney Dated
City Engineer Dated
•
Page 472 of 2277
' 4
This instrument was prepared by:
Name: Monika H. Entin, Esq.
Bercow Radell & Fernandez
Address: 200 S. Biscayne Blvd., Suite 850
Miami, Florida 33131
TERMINATION AND ABANDONMENT OF AN EXISTING UTILITY EASEMENT
IMPLEMENTED PURSUANT TO CITY RESOLUTION NO. 2013-28209
This Release is made and entered into effective as of this day of
, 2016, by the City Of Miami Beach, a Florida Municipal Corporation (the
"City"), and with a mailing address of 1700 Convention Center Drive, Miami Beach, FL
33139,with the joinder and consent of Michael Carpenter and Mary Carpenter,the owners
(the "Owners") of the property located at 118 West Di Lido Drive, Miami Beach, Florida
33139 (the "Property"), within the City's municipal jurisdiction.
WHEREAS, on or about May 8, 2013 the Owners of the Property obtained
approvals and consent from the City, pursuant to Resolution No.2013-28209,to relocate a
previously existing easement burdening the Property; and
WHEREAS, as part of the granting of those approvals and consents the City
required the Owner to relocate the previously existing easement to another location within
the Property boundaries (the "Easement Area); and
WHEREAS, on or about August 15, 2014, the City was granted an easement,
recorded in OR Book 29346 Pages 3875-3882, of the public records of Miami—Dade
County, Florida (attached hereto as Exhibit "A"), the intent and purpose of which was to
allow the installation and maintenance of underground sewer lines (the"2014 Easement");
and
WHEREAS, the Owners desire to construct a reflection pool, ("Improvements") on
their Property,which encroaches on the southern two and a half feet(2Y2')of the Easement
Area; and
WHEREAS, the City is amenable to executing and delivering this Termination and
Abandonment of the 2014 Easement in consideration of a modification to the Easement
Area, providing that the remaining seven and a half feet (7 %2') of the Easement Area shall •
not be encumbered by any improvements; and
WHEREAS, the City has processed the request for execution and delivery of this
Termination and Abandonment of the 2014 Easement in accordance with the requirements
of the City; and
Page 473 of 2277 •
NOW THEREFORE, in consideration of the forgoing, and other good and valuable
consideration provided by Owners, the receipt and sufficiency whereof are hereby
acknowledged by the City, the 2014 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 political subdivision
of the State of Florida
Witnesses: By:
Mayor Philip Levine
(Printed)
Approved as to Form and Language for Execution
L/4J. D)7-/?/ /A
(Printed) Cii Attorn-y Date
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE )
Before me, a Notary Public in and for said County and State, personally appeared
, and , who is
(are) 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 day of , 2016.
Ii
My Commission Expires:
Notary Public
2
Page 474 of 2277
6
EXHIBIT "A"
LEGAL DESCRIPTION:
A portion of Lot 4, Block 2, PLAT OF DI LIDO AN ISLAND IN BISCAYNE BAY, according to the plat thereof as
recorded in Plat Book 8, Page 36 of the public records of Miami—Dade County, Florida being more particularly
described as follows:
Commence at the Northeast corner of said Lot 4 also being a point on the Westerly right of way line of West
Di Lido Drive; thence S 00'00'00" E along said West right of way line and East line of said Lot 4 for 11.00
feet; thence S 90'00'00" W along a line parallel to and 11.00 feet South of the North Line of said Lot 4 for
61.58 feet to the Point of Beginning of the hereinafter described parcel of land; thence N 00'00'00" E for
2.67 feet; thence S 00'00'00" W along a line parallel to and 8.33 feet South of the said North Line of Lot 4
for 29.58 feet; thence S 00'00'00" E for 2.67 feet; thence N 90'00'00" E along a line parallel to and 11.00
feet South of the said North Line of Lot 4 for 29.58 feet to the Point of Beginning.
SURVEYOR'S NOTES:
— This site lies in Section 33, Township 53 South, Range 42 East, City of Miami Beach, Miami—Dade
County, Florida.
— Bearings hereon are referred to an assumed value of S00'00'00"E for the West right of way line of
Di Lido Drive.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on CARPENTER RESIDENCE Easement Modification (Comm No 1247)
Sheet No. A-0.4, Dated April 14, 2016 prepared by CHOEFF + LEVY P.A. ARCHITECTURE INTERIOR DESIGN.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on April 15, 2016,
and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027,
Florida Statutes.
"Not valid without the signature and the original raised
seal of a Florida Licensed Surveyor and Mapper"
FORTIN, LEAVY, SKILES, INC., LB3653
By:
Daniel C.Fortin,For The Firm
Surveyor and Mapper,LS2853
State of Florida.
'Drawn By REP 'Legal Description, Notes and Certification) 'Otto April 15, 2016
Cad.No. None
Ref.Dwg130473 e
FORTIN LEAVY, S KILES, INC. --
bNo 160444 e
3012-035 CONSULTING ENGINEERS, SURVEYORS &MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034-3
180 Northeast 168th Street/North Miami Beach,Florida 33162
Plotted: 4/17/2016 9:13 PM J Phone 305-653-4493/Fa 6j 57d1527Pnail flsQflssnrvey.com Sheet 1 of 3
EXHIBIT 'A"
lirt RIVO ALTO
„,■ Oa I
INN il.m _mil ISLAND
MIIII MIN
SAN MARINO 11111 11 Eng
ISLAND Mil
Mill ■111
11111
MI
11�■■
� Mil
C
MIN 111 •�
EE!EE 1111 I gm WI
0111 MN
1111 ;
MI MIIII Ma
VENETIAN W PM
Mil N
1111 ...
..• 1111
NM. /i/i W
.. " jilt �
3 1 1 1 1 3
111111
N
W
IOW W
X1111 ..
2nd DIUDO TERRACE _
SITE 'LoT 5 LOT 4 ''ll _ GRAPHIC SCALE
_
LOT3 0 200 400 800
LOT2 ........: 111 �
i ►
LOT 1 1st TERRACE ( IN FEET
_ MEM - 1 inch = 400 it.
' "nBY REP Location Sketch Dare April 15, 2016
Cad.No.130473 F ORTIN, LEAVY, S KILES, INC. Soak 1" = 400'
Dwg.Dw . Job.No. 160444
3012-035 CONSULTING ENGINEERS, SURVEYORS &MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034-3
180 Northeast 168th Street/North Miami Beach,Florida 33162
Plotted: 4/17/2016 9:13 PM Phone 305-653-4493/F. '::re.-••",•. di5227iinail fls@flssurvey.com Sheet 2 of 3
ilo,
EXHIBIT "A"
Lot 6,Block 2
L
POINT OF
South line of COMMENCEMENT w
Lot 5,Block 2 Northeast Corner of Lot 4, z
J
Lot 5,Block 2 Block 2 PLAT OF DI LIDO ¢
AN ISLAND IN H
BISCAYNE BAY 27.5 U 0 PLAT BOOK 8,PAGE 36 i• , .1
North line of 2.67' m N 00°00'00"E
Lot 4,Block 2 m 2.67'
c — — — — —
--City of Miami Beach Drainage Easement 7 i
BISCAYNE
I S 90°00'00"W 61.58' S 00° 0'00"E
BAY S 90°00'00"W
I 29.58' N 90°00'00"E POINT OF I 1 .00'
29.58' BEGINNING I I .>
I Lot 4,Block 2
West line of 6-
Lot 4.Block 2 South line of East Li
Lot 4,B k IB k 2 •a
Lot 4,Block 2
I
North line of West Ri.htof m
Lot 3,Block 2 Way Line•f West
Di Lido I rive
27.5' 27.5'
Lot 3,Block 2
7/'South line of
N / Lot 3,Block 2
—I I I
I DI I
Lot 2,Block 2
GRAPHIC SCALE
20 40
80
IMMME( IN FEET )
1 inch = 40 ft. •
/Drawn By REP , 1 SKETCH OF DESCRIPTION 1 /Date April 15, 2016
Cad.No.130473 F ORTIN, LEAVY, S KILES, INC. Scale 1 1" = 40'
Ref Dwg. 160444
g SBO CONSULTING ENGINEERS, SURVEYORS &MAPPERS Job.No.
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034-3
180 Northeast 168th Street/North Miami Beach,Florida 33162
Plotted: 4/17/2016 9:13 PM Phone 305-653-4493/F Sheet of 3
/ �d��2�si1 flsQflssnrvey.com ` 3 J
EXHIBIT "A"
LEGAL DESCRIPTION:
A portion of Lot 4, Block 2, PLAT OF DI LIDO AN ISLAND IN BISCAYNE BAY, according to the plat thereof as
recorded in Plat Book 8, Page 36 of the public records of Miami—Dade County, Florida being more
particularly described as follows:
Commence at the Northeast corner of said Lot 4 also being a point on the Westerly right of way line of
West Di Lido Drive; thence S 00'00'00" E along said West right of way line and East line of said Lot 4 for
1.00 foot to the Point of Beginning of the hereinafter described parcel of land; thence continue along said
East Line of Lot 4 and said West Right of way line for 10.00 feet; thence S 90'00'00" W along a line
parallel to and 11.00 feet South of the North Line of said Lot 4 for 152.77 feet; thence N 00'00'00" W for
2.50 feet; thence S 90'00'00" W along a line parallel to and 8.50 feet South of the North Line of Lot 4 for
30.23 feet to a point on the West line of said Lot 4; thence N 00'00'00" W along said West Line for 7.50
feet; thence N 90'00'00" E along a line 1.00 foot South of and Parallel with the said North line of Lot 4
for 183.00 feet to the Point of Beginning.
SURVEYOR'S NOTES:
— This site lies in Section 33, Township 53 South, Range 42 East, City of Miami Beach, Miami—Dade
County, Florida.
— Bearings hereon are referred to an assumed value of S00'00'00"E for the West right of way line of
Di Lido Drive.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Sketch prepared by Survey prepared by Miguel Espinosa Land
Surveying Inc.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on April 15, 2016,
and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section
472.027, Florida Statutes.
"Not valid without the signature and the original raised
seal of a Florida Licensed Surveyor and Mapper"
FORTIN, LEAVY, SKILES, INC., LB3653
By:
Daniel C.Fortin,For The Firm
Surveyor and Mapper,LS2853
State of Florida.
Drawn By REP 'Legal Description, Notes and Certification, 'D
9' p April 15, 2016
Cad.N°'130473 FORTIN LEAVY, S KILES one
, INC. Job.No. 160444
None
Ref Dwg.
3012-035 CONSULTING ENGINEERS, SURVEYORS &MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034-1
180 Northeast 168th Street/North Miami Beach,Florida 33162
`lotted: 4/17/2016 9:17 PM 2 Phone 305-653-4493/Fa a ]1$7df522 hail fls@fIssurvey.com Sheet 1 of 3
EXHIBIT "A"
lirRIVO ALTO
,,* ov, AI
wil ids _=NI ISLAND
MI
SAN MARINO rill Hi all 1111
ISLAND
MN Mil
liii Mall
11.111 141 '
NE link••mil
um
■
le1111 ,
1E- 1111 ,MI
Mil
MilMN
. a -0
l
W 01111 Mil
Mil
"11
N
n
X 1111
Mill liii �
all 1111
Q J
WliiiN_
L 1 "
3,, _
SITE � 2nd DILIQOTERRACE ,.,.
LOT 5
LOT 1", GRAPHIC SCALE
LOT3 0 200 400 800
L07211/1 ' 1
LO7 i tst TERRACE-- ( IN FEET )
_ .■■ - 1 inch = 400 it.
C�W°By REP / Location Sketch , �— April 15, 2016 \
Cad NO'130473 FORTIN, LEAVY, S KILES, INC. Scale 1" = 400'
Ref.Dwg. 3012-035 CONSULTING ENGINEERS, SURVEYORS&MAPPERS Job.NO' 160444
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034-1
180 Northeast 168th Street/North Miami Beach,Florida 33162
Plotted: 4/17/2016 9:17 PM i Phone 305-653-4493/Fa6P97#527Tinail fls@flssurvey.com Sheet 2 of 3 j
N
EXHIBIT 'A"
Lot 6,Block 2
L
POINT OF
South line of COMMENCEMENT w
Lot 5,Block 2 Northeast Corner of Lot 4, 73
J
Lot 5,Block 2 Block 2 PLAT OF DI LIDO ¢
AN ISLAND IN Z
BISCAYNE BAY w
PLAT BOOK 8,PAGE 36 27.5' U 27.5'
iv
North line of
Lot 4,Block 2 S 00°00'00"E
N 90°0'00"E 183.00' 1.00'
N 00°00'00"W — 0 — — r POINT OF
7.50' _�
BISCAYNE BEGINNING
BAY S 00°00'00"W 152.77' NS 00°00'00"E
S 90°00'00"w 00°00'00"W I 19.00'
30.23' I 2.50'
Lot 4,Block 2 .?
West line of 6 of Lot 4.Block 2 South line of Lot 4,B k
Lot 4,BIB k 2
4,Block 2 b
/ Lot
North line of West Ri.ht of ai
Lot 3,Block 2 Way Line.f West
Di Lido I rive
27.5' 27.5'
Lot 3,Block 2
South line of
N ,Lot 3,Block 2
Lot 2,Block 2
GRAPHIC SCALE
0 20 40 80
( IN FEET )
1 inch = 40 ft.
�DraBy REP -\ ' SKETCH OF DESCRIPTION Date April 15, 2016 ■
Cad No.130473 F ORTIN, LEAVY, S KILES, INC. Scale 1" = 40'
Re Dwg.
SBO CONSULTING ENGINEERS,SURVEYORS&MAPPERS Job.No. 160444
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034-1
180 Northeast 168th Street/North Miami Beach,Florida 33162
`lotted: 4/17/2016 9:17 PM Phone 305-653-4493/Fa 6�e'7cj 22 Mail fls@flssurvey.com Sheet 3 of 3
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.--
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 , 2016, by and among MICHAEL CARPENTER,
MARY CARPENTER, the owners (the "Owners" and "Grantors") 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, Grantors i.sare developing a single-family home to be located on the
Property; and
WHEREAS, in exchange for Grantee releasing an easement recorded in Book
29346 Pages 3875-3882, and as contemplated by City of Miami Beach Resolution
(executed , 2016), Grantors provides a new replacement
perpetual utility easement rthe "Easement Area") to the Grantee; and
WHEREAS, Grantors desires to provide the Grantee with the new perpetual right
and easement to lay, access, and maintain underground utilities -in the area described
in Composite Exhibit A, attached hereto (the "Easement Area"); and
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. Grantors for and in consideration of the
approval to Release and relocate the previously existing easement held by the Grantee
Page 482 of 2277
as previously recorded at Miami-Dade County Official Record Book=29346 at pages
3875-3882, 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._ Notwithstanding the grant of easement as set forth herein, the City agrees
that, provided that and for so long as Owners timely observes and performs all obligations
hereunder, the Easement Area shall be re-configured, as described in Composite Exhibit
A, to allow Owners may to construct a reflection pool, ("Improvements") on the southern
two and a half feet (2 1/2' ) of the adjacent to the Easement Area, provided the wining
seven and a half feet (7 1/2') of the Easement aArea shall not be encumbered by Owners
by any improvements, but may be improved by Owner withother than removable
landscape and removable hardscape features. A copy of Owner's' preliminary plans for
Improvements to the Property within the Easement Area is attached hereto as Exhibit
"B"; the parties acknowledge and agree that Exhibit "B" is not a construction drawing
but is schematic and conceptual, and further recognize that Owners may modify the
non-material details of such plans as long as all Owner's' Improvements adjacent
to the Easement Area remain consistent with the restrictions set forth in the foregoing
sentence and in the Agreement. In the event the City requires access to the Easement
Property Area pursuant contained in Composite Exhibit A, Owners acknowledges and
agrees that the City shall have no liability to Owners for damage to the reflection pool, or
other improvements of Owners or otherwise arising therefrom. Owners mad further
agrees that upon reasonable advance notice from the ;City evidencing that the City
requires access over the south two and a half feet (2 W—) Of- hecontaininq the
Improvements adjacent to the south side of the Easement Area in connection with
exercise of its rights hereunder, for the duration of the Agreement, the City shall only be
required to level the area with the surrounding property and sedinstall natural
vegetationtBEi] over the Easement Area and the adjacent two and a half feet (2 1/2')
where the Improvements are located, at its sole cost and expense,
Licensee's Improvements to be removed. Owners further agrees that in stsh-the event
of required removal or modification of Improvements, or of the City's exercise of any of
its rights hereunder, Owners shall have no claim for, and shall not bring action (including
an action for equitable estoppel) against the City, and hereby waives the right to file any
claims of any kind or nature against the City to recover the value of Owner's'
Improvements or any other compensation or damages, other than as provided herein.
4. Term of Easement. This voluntary Easement Agreement shall remain in full
force and effect and shall be binding upon the Grantor of the Property, its successors in
interest and assigns, for a period of thirty (30) years, and for successive ten (10) year
periods thereafter, from the date this instrument is recorded in the public records. This
time period will be automatically renewed unless released upon a petition for removal,
modification or amendment of condition is approved by an act of the City Commission.
Page 483 of 2277
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.
5._ Rights and Restrictions of Grantors. Grantors 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. Pursuant to the
terms of paragraph, 3 above, Grantors may construct the Improvements adjacent to the
Easement Area, provided the Easement Area shall not be encumbered by any
improvements. 'Grantors shall not construct, or permit to be constructed, any structure
or obstruction on or over the Eeasement aArea, or which otherwise interferes with the
access, construction, maintenance of any utility placed within the Eeasement AArea.;
• 6._This Easement Agreement may be modified, amended or released as to
any portion of the Property by a written instrument executed by the then Grantor(s) of
the fee-simple title to the land to be affected by such modification, amendment or
release providing that same has been approved by the Public Works Director. Should
this instrument be so modified, amended or released, the PulaisPublic Works Director
shall execute a written instrument in recordable form effectuating and acknowledging
such modification, amendment or release.
7. —This Easement Agreement shall be recorded in the Public Records of
Miami-Dade County, Florida, at the cost of the Grantor.
8. —It is understood and agreed that any City official has the right, during
normal business hours, to enter and investigate the use of the Property, to verify
compliance with the conditions of this Easement Agreement and the requirements of the
City's building, public works, zoning and land development regulations.
9. An action to enforce the terms and conditions of this Easement Agreement
may be brought by the Grantee and may be, at law or in equity, against any party or
person violating or attempting to violate any provision of this Easement Agreement or
provisions of the building, City Code, zoning or land development regulations, either to
restrain violations or to recover damages.
10. —This Easement Agreement shall be enforceable in Miami-Dade County,
Florida, and if legal action is necessary by either party with respect to the enforcement
of any or all of the terms and conditions herein, exclusive venue for the enforcement of
same shall be Miami-Dade County, Florida. This Easement Agreement shall be
governed by, and construed in accordance with, the laws of the State of Florida, both
substantive and remedial, without regard to principles of conflict of laws. The exclusive
venue for any litigation arising out of this Easement Agreement shall be Miami Dade
County, Florida, if in state court, and the U.S. District Court, Southern District of Florida,
if in federal court. BY ENTERING INTO THIS EASEMENT AGREEMENT, GRANTOR
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AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS EASEMENT.
11. —Successors and Assigns. This Easement Agreement shall be binding
on the successors and assigns of Grantors and Grantee.
7. Amendments; Termination. This Agreement may not be amended,
6192. 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.
1439._ Grantors Representations. Grantors covenants, warrants and
represents (i) that Grantors are-is the fee simple owners of the Utility Easement Property
and hasve the right, title and capacity to grant the perpetual easement granted herein,
and (ii) there are no lienholders on the Easement Property[BE3].
1649._ Grantee and Affiliates. Grantee agrees to release Grantors, 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 Grantors, or Grantor's: employees,
contractors, agents and/or representatives.
1365._ 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 Grantors will defend the title to the Easement Property against the lawful
claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantors 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.
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[Signatures and acknowledgements appear immediately following.
Remainder of page intentionally blank.]
Page 486 of 2277
GRANTORS
Signed, sealed and delivered in the MARY MICHAEL CARPENTER
presence of:
Print Name: Grantor/Owner
Print Name:
Signed, sealed and delivered in the MARY CARPENTER
presence of:
Print Name: Grantor/Owner
Print Name:
Before me, a Notary Public in and for said County and State, personally
appeared , and
, who is (are) 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 day of
, 2016.
My Commission Expires:
Notary Public
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(Printed)
(Type, print or stamp name under signature)
Title or rank and serial number, if any
[Signatures continued on following page.]
•
Page 488 of 2277
GRANTEE:
ATTEST: CITY OF MIAMI BEACH
City Clerk Mayor
1700 Convention Center Drive
Miami Beach, Florida 33139
APPROVED AS TO FORM
AND LANGUAGE AND
FOR EXECUTION
City Attorney Dated
City Engineer Dated
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