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HomeMy WebLinkAbout2002-25062 Reso RESOLUTION NO. 2002-25062 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 A UTILITY EASEMENT IN FAVOR OF SOUTH BEACH RESORT DEVELOPMENT LLC, REGARDING THE PROPERTY LOCATED AT 1458 OCEAN DRIVE (DE SOLEIL-SOUTH BEACH); SAID EASEMENT LOCATED IN THE REAR OF LOTS 5,6,11 AND 12 OF THE HARRISON AND HAYES SUBDIVISION; SAID TERMINATION AND ABANDONMENT CONTINGENT UPON AND SUBJECT TO SOUTH BEACH RESORT DEVELOPMENT'S EXECUTION OF A UNITY OF TITLE FOR AFORESTATED LOTS AND OBTAINING LETTERS OF APPROVAL AND/OR NO OBJECTION FROM ALL ACTIVE UTILITY COMPANIES IN THE CITY FOR THE VACATION/ABANDONMENT OF THIS EASEMENT. WHEREAS, South Beach Resort Development, a/k/a DeSoleil South Beach Hotel Condominium, owns lots 5,6, portion of lot 10, and lots 11 and 12 of the Harrison and Hayes Subdivision; and WHEREAS, Harrison and Hayes Subdivision platted in 1924, reserved a 5 foot utility easement in the rear of the lots within the subdivision; and WHEREAS, in August 2000, South Beach Resort submitted and obtained preliminary approvals from the City's Design Review and Historic Preservation Boards for the construction of an 80 unit hotel/condominium with retail space and restaurants on the aforementioned lots; and WHEREAS, in order to construct the proposed development over the existing utility easement on the private property, the easement needs to be vacated/abandoned; and WHEREAS, the City as a utility owner/operator and as legal trustee of the easements, shall and will coordinate the requirement/use of such a utility easement; and WHEREAS, accordingly, the Administration would recommend that the Mayor and City Commission authorize the Mayor and City Clerk to execute a Temfination and Abandonment of Easement subject to the conditions set forth in this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein accept to execute a Termination and Abandonment ora Utility Easement, all for the real property located at 1458 Ocean Drive comprised of lots 5,6, portion of lot 10, and lots 11 and 12 of the Harrison and Hayes Subdivision, Miami Beach; further providing that the acceptance and execution of the Termination and Abandonment of the Utility Easement, be subject to and contingent upon the following conditions: South Beach Resort Development LLC, shall execute a unity of title for lots 5,6, portion of lot 10, and lots 11 and 12 of the Harrison and Hayes Subdivision on which this project will be developed. South Beach Resort Development LLC, shall comply with the required conditions and costs of relocation or provision of an equivalent easement, as required by any and all utility companies occupying the existing utility easement, and/or obtain letters of agreement or no objection by these utility companies prior to the City executing a Termination and Abandonment of the Utility Easement. PASSED and ADOPTED this ATTEST: CITY CLERK 13th dayof l ~ , 2002. MAYOR F:\WORK\$ALL\VGK\COMMEMO\VACATE'ff)eSoeilRESO.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECU'nON CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: IA resolution authorizing the Mayor and City Clerk to execute a termination and abandonment of a utility easement in favor of South Beach Resort Development LLC at their property located at 1458 Ocean Drive. Issue: Shall the City terminate and abandon the utility easement lying within the proposed De Soleil condominium/hotel development at 1458 Ocean Drive? Item Summary/Recommendation: When Harrison and Hayes Subdivision was platted in 1924 for the portion of land east of Collins Avenue, north of 14th Lane, a 5 ft. wide utility easement was reserved in th_e rear of Lots 5 to 12. South Beach Resort Development, a/k/a DeSoleil South Beach Hotel Condominium, owns lots 5,6,portion of lot 10, and lots 11 and 12. They submitted to the City plans for an 80 unit hotel/condominium with retail space and restaurants on these lots extending from Collins Avenue to Ocean Drive. They have obtained approvals from the Historic Preservation Board, Zoning Board of Adjustment and preliminary approval by Design Review Board for the project. However, in order to construct the project, they need the abandonment/termination of the utility easement lying in the middle of the property. This utility easement being on private property owned in fee simple by the Developer, will not require the vacation procedures for City public right-of-ways. The Administration has reviewed the request and recommends its approval, contingent upon and subject to South Beach Resort Development's execution of unity of title for the lots on which this project will be developed and providing letters of approval or no objection from all the utility companies serving the City. Advisory Board Recommendation: N/A Financial Information: Finance Dept. City Clerk's Office Legislative Tracking: Sign-Offs: F:\WORK~$ALL\VGK~COM M EMO\CS-DeSoleil.doc AGENDA ITEM DATE //-/j-o.?_ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miarni-beach.fl.us To: From: Subject: COMMISSION MEMORANDUM May;or David 'Dermer and Date: November 13, 2002 Members of the City Commission Jorge M. Gonzalez ~,JA~ City Manager 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 A UTILITY EASEMENT IN FAVOR OF SOUTH BEACH RESORT DEVELOPMENT LLC, REGARDING THE PROPERTY LOCATED AT 1458 OCEAN DRIVE (DE SOLEIL-SOUTH BEACH); SAID EASEMENT LOCATED IN THE REAR OF LOTS 5,6,11 AND 12 OF THE HARRISON AND HAYES SUBDIVISION; SAID TERMINATION AND ABANDONMENT CONTINGENT UPON AND SUBJECT TO SOUTH BEACH RESORT DEVELOPMENT'S EXECUTION OF A UNITY OF TITLE FOR AFORESTATED LOTS AND OBTAINING LETTERS OF APPROVAL AND/OR NO OBJECTION FROM ALL ACTIVE UTILITY COMPANIES IN THE CITY FOR THE VACATION/ABANDONMENT OF THIS EASEMENT. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. BACKGROUND: Hardson and Hayes Subdivision was platted in 1924 for the portion of land east of Collins Avenue, north of 14~ Lane. The plat had dedicated a 5 foot utility easement in the rear of the lots within the subdivision (see attached sketch). In August 2000, South Beach Resort Development, a/k/a DeSoleil South Beach Hotel Condominium, owner of lots 5,6,portion of lot 10, and lots 11 and 12, submitted for preliminary approval to the City's Design Review Board, plans for an 80 unit hotel with retail space and restaurants. The building designed by Arquitectonica, extends from Collins Avenue to Ocean Drive. Since the proposed development is located in the Ocean Drive/Collins Avenue Local Historic District and a commercial building located on this site will be demolished, the project was submitted for the review of the Historic Preservation Board on October 10, 2000. On January 5, 2001 a request for variance on setbacks and parking requirements was submitted to the Board of Adjustment. The request partially modified, was granted. On January 7, 2002 a one year extension of time to obtain the building permit was granted by the Board of Adjustment. In order for this development to proceed, the developer and financial institutions are requesting the vacation and abandonment of the utility easement which is located in the middle of the proposed project. ANALYSIS: The ten feet wide utility easement, 5 feet on the rear of each of lots 5,6,11 and 12, is presently being used by F.P.&L. and Bell South, to service the commercial building on this property. The City of Miami Beach does not have any utilities at present within this easement. The City's Public Works Department has reviewed the request for vacation and abandonment of this easement and has required that the developer should provide letters of agreement or no objection by all the utility companies serving the City presently. The City will also require that South Beach Resort Development should execute a unity of title for the lots on which this project will be developed. This utility easement being on private property, owned in fee simple by South Beach Resort Development, does not require the vacation/abandonment procedures for public right-of-ways. The easement also does not continue to the properties on the north side which lie in Fishers First Subdivision of Alton Beach. An abandonment of easement document will be provided to the developer for recording, following compliance with all the above requirements and as stated in the adopted Resolution. CONCLUSION: The Administration recommends that the Mayor and City Commission authorize the vacation and abandonment of the utility easement in the rear of lots 5,6,11 and 12 of the Hardson and Hayes subdivision in favor of South Beach Resort Development LLC for the construction of DeSoleil South Beach Hotel Condominium at 1458 Ocean Ddve, contingent upon and subject to South Beach Resort Development's execution of a unity of title for aforestated lots and obtaining letters of approval and/or no objection from all active utility companies in the City for the vacation/abandonment of this easement. Attachment JMGIRCMI~HHBIMNAVNGK F:\WORK~$ALL\VGK~COM MEMO\VACATE\DeSoleil.doc I-- UJ I.IJ I-- Z W !- Z~ I- z I-1::3 w~ ~W '1-0 O0 This instrument was prepared by: Gerald K. Schwartz Beloff and Schwartz 1111 Lincoln Road Ste. 400 Miami Beach, Fl 33139 Termination and Abandonment of Utility Easement Whereas, that certain Plat of HARRISON AND HAYES SUBDIVISION in the City of Miami Beach, Florida recorded in Plat Book 9 at Page 73 of the Public Records of Dade County, Florida (the "Subdivision") contains a reservation for an unmarked Public Utility Easement on, over, under and across the rear five (5) feet of Lots 5, through 12 ("Utility Easement"); and Whereas, all of lots 5,6, 11 and 12 of the Subdivision as more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Lots") are owned in fee simple by SOUTH BEACH RESORT DEVELOPMENT, LLC, a Florida limited liability company ("Owner"); and Whereas, the Owner has executed and recorded a iDeclaration of Restrictive Covenants In Lieu of Unity of Title as to the Lots in OR Bookl, :~ 'at Page __ of the Public Records of Miami-Dade County Florida on August 19, 2003; and 21549 1868-1873 Whereas, that portion of the Utility Easement on, over, under and across the Lots has been physically abandoned by and is of no further use or benefit to the City of Miami Beach, the public and the public utilities providing utility services in the City of Miami Beach, Florida; and Whereas, City of Miami Beach City Commission Resolution No. 2002-25062 enacted on November 13, 2002, authorized the execution of this Termination and Abandonment of Utility Easement for the Lots (the "Resolution"), Now Therefore, in consideration of the premises, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, and by virtue of the Resolution, this Termination and Abandonment of Utility Easement hereby confirms that the Utility Easement on, over, under and across the Lots shall be and is hereby forever terminated, vacated and abandoned by the City of Miami Beach. MO-0005-13 Termination & Abandonment of Easement V 5 1 8/18/2003 Dated at Miami Beach, Miami-Dade County, Attest: Robert Parcher, City Clerk APPROVED AS TO FORM & LANGUAGE ~~ity ~J~r~ey Gat/ il-~ner, Mayor STATE OF FLORIDA ) ) ss COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this a~tS~ day of t~'-~?z-, 2003 by David Dermer, Mayor and Robert Parcher, City Clerk of the City of Miami BeacJt who are pel~onally known to me, and who executed such document on behalf of the City. NOtary P~c, gt~ Commission # 19~1R~8: MW $, 2007 MO-0005-13 Termination & Abandonment of Easement V 5 2 8/18/2003 This instrument was prepared by: Ignacio Sarmiento Florida Power & Light Company Post Office Box 14000 Juno Beach, Florida 33408-0420 PARTIAL RELEASE FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, for and in consideration of certain benefits accruing to it, does hereby release and cancel all of its right, title, interest, claim, easement and demand, if any, it may have in, to, over, above, under and across a portion of the public utility easement reserved on the Plat of "HARRISON AND HAYES SUBDIVISION", recorded in Plat Book 9, Page 73, of the Public R~ords of Miami-Dade County, Florida, more particularly described as follows: The rear five (5) feet of Lots 5, 6, 11, and 12 of "HARRISON AND HAYES SUBDIVISION", according to the Plat Thereof as recorded in Plat Book 9, Page 73, of the Public R~ords of Miami- Dade County, Florida. This Release applies only to that portion of said public utility easement hereinabove specifically described and in no way affects other lands covered by said public utility easement. IN WITNESS WHEREOF, FLORIDA POWER & LIGHT COMPANY has caused these presents to be signed in its name by its proper officers, and its corporate seal to be affixed, this / 3VA_ day of February, 2003. Signed, sealed and delivered uL~resence of: re: Print Name: Leslie Richards Signature: Print Name: Donna M. Rodebaugh FLORIDA POWER & LIGHT COMPANY ; .orhte R; Estate )nager Print Name: David Douglass (Corporate Seal) (Acknowledgment continued on next page) Form 3753 Rev. 8/9/94 ACKNOWLEDGMENT STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) On this l;~dx, day of February, 2003 before me, the undersigned notary public, personally appeared David Douglass, Corporate Real Estate Manager of Florida Power & Light Company, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument and acknowledged that he executed the same on behalf of said corporation and that he is duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE Ol~ FLO'~dDA CCC/DGE 3753#Par. tel (4C) Form 3753 Rev. 8/9/94 This instrument prepared by: Gerald lC Schwartz Beloff and Schwartz 1111 Lincoln Road Ste. 400 Miami Beach, Fl 33139 I IIIII! I!111 I!111 IIiil Ii111 III!1 IIII! III!1 CFN 2003R0593121 RECORDED 08/19/2003 1~:13:$2 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE KNOW ALL BY THESE PRESENTS that the undersigned Owners hereby make, declare and impose on the land herein described, the easement and covenants running with the title to the land, which shall be binding on the Owners, their heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; WHEREAS, Owners hold the fee simple title to that certain land in the City of Miami Beach, Florida, as more particularly described on Exhibit "A" attached hereto and made a part hereof, and hereinafter called the "Property": and WHEREAS, the Owners intend to improve the Property for residential/commercial/retail use; and WHEREAS, the Owners intend to develop one (1) five story building with underground parking ("Building") on the Property in a fee simple and condominium format of ownership in which two (2) or more condominium associations and a master association shall operate the Property; and WHEREAS, the Owners intend to develop individual condominium units within the Building in a condominium or association format of ownership; and WHEREAS, the Owners may wish to offer for sale and to convey condominium units and other portions of the Building on the Property fi.om time to time, and this instrument is executed in order to assure that the development of the property with future multiple ownership, will not violate the Land Development Regulations of the City of Miami Beach. NOW THEREFORE, in consideration of the premises, Owner hereby agrees as follows: 1. The subject site will be developed in substantial accordance with the approved site plan, which has been submitted to and approved under the City's land development regulations. No modification shall be effectuated in such site plan or this covenant without the written consent of the then owner(s) of the portion of the Property for which modification is sought, or their successors, whose consent shall not be unreasonably withheld, and the Director of the City's Planning Department; provided the Director finds that the modification is in compliance with the land development regulations. Should the Director withhold such approval, Mo-0005-13 Dec Rest Coy 8/18/2003 the then owner(s) of the portion of the property for which modification is sought shall be permitted to seek such modification by application to modify the plan or covenant at public hearing before the appropriate City board or the City Commission of Miami Beach, Florida, (whichever by law has jurisdiction over such matters). Such application shall be in addition to all other required approvals necessary for the modification sought. Proposed modifications to the property's use, operation, physical condition or site plan shall also be required to return to the appropriate development review board or boards for consideration of the effect on prior approvals and the affirmation, modification or release of previously issued approvals or imposed conditions. 2. If the subject property will be developed in phases, each phase will be developed in substantial accordance with the approved site plan. 3. In the event of multiple ownerships subsequent to site plan approval, each of the subsequent owners shall be bound by the terms, provisions and conditions of this Declaration of Restrictive Covenants. Owners further agree that they will not convey portions of the subject property and all parties then in interest shall have joined in or otherwise consented to such other parties unless and until the Owners shall have executed and delivered, in recordable form, to an instrument or instruments in the form of a declaration of condominium and/or master declaration of covenants, restrictions and easements ("easement and operating agreement") which shall contain, among other things: (ix) Mo-0005-13 Dec Rest Coy 8/18/2003 (vii) (viii) (i) Easements in the common area of each parcel for ingress to and egress from the other parcels; (ii) Easements in the common area of each parcel for the passage and parking of vehicles: (iii) Easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (v) Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; (vi) Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations; Easements on each parcel for attachment of buildings; Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from the adjoining parcels such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; Appropriate reservation of rights to grant easements to utility companies; 2 (x) (xi) Appropriat. e reservation of rights to road right-of-ways and curb cuts; Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all common areas and common facilities and the like. The easement provisions or portions thereof may be waived by the Director if they are not applicable to the subject property (such as for conveyances to purchasers of individual condominium units). These provisions of the easement and operating agreement shall not be amended in any material respect without prior written approval of the City Attomey. In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the property as to which the parties thereto may agree, or the Director may require, all to the end that although the property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan. 4. Nothing herein shall be deemed to prohibit the sale, transfer or conveyance of individual condominium units or parcels within the Building to be constructed on the Property, provided that any and all such sales, transfers or conveyances shall be subject to the terms, conditions and other provisions of this Declaration of Restrictive Covenants. 5. The provisions of this instrument shall become effective upon their recordation in the public records of Miami-Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the then owners of the Property and the Director of the Department of Planning, acting for and on behalf of the City of Miami Beach, Florida upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Property for the purposes herein intended. 6. The provisions of this instrument may be amended, modified or released by a written instrument executed by the then Owner or Owners of the Property, with joinders by all mortgagees, if any. Should this Declaration of'Restrictive Covenants be so modified, amended or released, the Director of the Department of Planning or his successor, shall forthwith execute a written instrument effectuating and acknowledging such amendment, modification or release. 7. Enforcement shall be by action against any parties or persons violating or attempting to violate any covenants. The prevailing party to any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements, allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. Mo-0005-13 Dec Rest Cov 3 8/! 8/2003 8. Invalidation of any of these covenants by judgment of Court shall not affect any of the other provisions, which shall remain in full force and effect. 9. This Declaration shall be recorded in the public records of Miami-Dade County at the Owners' expense. 10. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same fi.om exercising such other additional rights, remedies or privileges. 11. In the event of a violation of this Declaration, in addition to any other remedies available, the City of Miami Beach is hereby authorized to withhold any future permits, and refuse to make any inspections or grant any approval, until such time as this Declaration is complied with. 2003. Signed, witnessed, executed and acknowledged on this J_.~day of IN WITNESS WHEREOF, the Owners have caused these presents to be signed in their name by their proper officials. Witnesses: SOUTH BEACH RESORT DEVELOPMENT, a Flori~limite~bility compatly - Gene ~'~ab~m'l~l~, M~M;r~ber Ad,ess: Mimi Beach, Florida 33139 Print Name Mo-000$-I 3 Dec Rest Cov 8/18/20O3 4 STATE OF FLORIDA ) ) COUNTy OF MIAMI-DADE) The foregoing instrument was acknowledged before me by Gene Grabamick, Managing Member of South Beach Resort Development, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or has produced Witness my signature and official seal this {~-dday of ~ , 2003, in the County and State aforesaid. ~Notary Public-State of My Commission Expires: Print Name APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Date Mo-0005-13 Dec Rest Coy 5 8/18/2003 1~73 h r,.ter ¢OM~UIqlCA !0~ WIRED WORLD COMPANYWA September 3, 2002 Mr. Gerald K. Schwartz Beloff & Schwartz 1111 Lincoln Road Suite 400 Miami Beach, F1 33139 Re: Utility Easement along the rear of lots 5,6,7,8,9,10,11,12 of Harrison & Hayes Sub. Plat Book 9 Page 73 Dear Mr. Schwartz, This letter is to confirm that Charter Communications is not presently using the easement located along the rear five (5) feet of lots 5 through 12 within the above referenced Plat of the Harrison and Hayes Subdivision and we have no objection to the abandonment of this easement. William J Kuelker Director of Technical Operations Cc: Tony Bello - Director of Operations Charter Communications 1681-79m Street Causeway North Bay Village, Florida 33141 Office: (305) 861-8069/Fax: (305) 861-9047 PEOPLES r-AS Easement & Right-of-Way Vacation Letter To: Beloff & Schwartz 1111 Lincoln Road Suite 400 Miami Beach, FI. 33139 Atten. Gerald K. Schwartz January 20, 2003 Subject: Vacation of Utility Easement along rear of lots 5 to the north portion of lot 7, and the north portion of lot 10 to lot 12 between Collins Avenue and Ocean Blvd. Harrison and Hayes Subdivison Plat Book, Miami Dade County. We have no facilities in the area to be vacated, we have no objections to this vacation. ~AZn g e I Ouani. Regional Operations Manager ( ) we have facilities in the area to be vacated, however, we have no objections to this vacation providing the applicant will pay for the relocation or replacement of these facilities. Angel Quant Regional Operations Manager () We have facilities in the area to be vacated which cannot be relocated for technical reasons, however, we have no objections to the vacation providing a utility easement as shown on the attached drawing is incorporated in the replat, or the applicant will pay for the relocation or replacement of these facilities. Angel Quant Regional Operations Manager () We have objection to the proposed vacation for the following reasons: PGS has facilities in the easement and cannot be relocated. Angel Quant Regional Operations Manager Prepared By: Yolande Hong Ting Atlas Page: 26 PEO PI. EI~ GAS I 5'779 WE~tT DIXIE HIGHWAY NORTH HIAI~II BEACH, FL 3316~-'603'7 AN EQUAL OPPORTUNITY COMPANY (BO0) "~8~-4441 FAX (305) g44-31 ! 4 HTTP://~¥.TE C 0 EN £RGY. C 0 M SFL DM~ PREUENTION {~e[l$o~ 3'eleco,'ilm~c~olls lnc 9'i01 $ W 2¢~reet Miata; FL 33~6,5 ~ 30557355~5 BELLSOUTH NO., 89,.5 Ju/y 1% 2003 Mx. Gerald K. Schwartz Sui~z a00 1111 Lincoln P,d MiamiBcac-h. FL .~2139 BellSouth F. ascment Ag'eemeat/Releas¢ la55 ~ Dr Lot 5,6,11,12 & portion Lot 10, I-LARR/$ON AND HAYES SUBDIV~ON, PB 9. Pg 73 per ORB 19198 - PG4613 Mr Sch~ar~ Upon excon~n and subscqucat r~g of the Be, llSomh casament documea~ fo~ the zelocated easemeaz on thc s,~ject pmpen3' (~r~tch and legal descril~on attache), BeI!South waives and ~v_.lease~ ali futura cl~i~n and interests in any prior eas¢~,~_ts(s) by occupation or other,~ within the ra%rcaccd l~opert7 Thc couv~yance of the easemeat shall constitute sali~action of BellSou~h's nceds for conrh~ued -~rvio~ to the area ~ BellSonth's notice of inumt tn relocate it~ facilities to the m.J~ ~asernera pur~r~ t~ prior T~,,~ you f~r your ~.~x,pcradon ~ assistance in thc pru--pmarlon of ~he ref-exc.~ cloonncm~ We look forward to r-aw-g BellSouth the coummed "pro'oder of ~hotcc f~r you and the future t,:nnnts oF'Thc Rcg~at south Bcach" Support- SFL District armzhrm:zt Don Fox Tom Presncll An6res H~-m,mdez STATE OF FLORIDA BELLSOUTH 8416-C-FL (1-96) Prcpar~'s name and address: (Return document to the BellSouth address on back) BellSouth Telecommunications, Inc. 9101 SW 24 St Miami, FL 33165 Easement For and in consideration of Ten dollars ($ 10.00 ) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, thc undersigned owner(s) of the premises described below, hereinafter referred to as Grantor, do(es) hereby grant to BELLSOUTIt TEI.,ECOMMUNICATIONS, INC., a Georgia Corporation, its licensees, agents, successors, assigns, and allied and associated companies, hereinatter referred to as Grantee, an easement to construct, operate, mainlain~ add, and/or remove such systems of communications, facilities, or related services as thc Grantee may from time to time require upon, over, and under a portion of thc lands described in Deed Book ORB 19198 , page 4613 , Miami-Dade County, Florida, Records, and, to thc fullest extent the grantor has the power to grant, upon, over, along, and under the roads, streets, or highways adjoining or through said propea~y. The said easement is more particularly described as follows: All that tract or parcel of land lying in Section 34 , Township 53S , Range 42E , Tallahassee , Meridian, Miami-Oade County, State of Florida, consisting of a (strip) (parcel) of land as more particularly described on attached Exhibit "A"; Sketch and Legal Descriotion prepared by Biscayne Enfl_inc=.qng Comrmny. Inc. dated April 11, 2003. The following rights arc also granted: the exclusive right to allow any other person, firm, or corporation to attach wires or lay cable or conduit or other appurtenances upon, over, and under said easement for communications or electric power transmission or distribution; ingress to and egress from said easement at all times; the right, but not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions; the right, but not the obligation, to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of communication or power transmission or distribution; and the right to relocate said facilities, systems of communications, or related seawices on said lands to conform to any future highway relocation, widening, or improvements. To have and to hold the above granted easement unto BellSouth Telecommunications, Inc., its licensees, agents, successors, assigns, and allied and associated companies forever and in perpetuity. Grantor warrants that grantor is the true owner of record of the above described land on which the aforesaid easement is granted. SPECIAL STIPULATIONS OR COMMENTS: The following special stipulations shall control in the event of conflict with any of the foregoing easement: In witness whereof, the undersSgned has/have caused this instrument to be executed on the dayof , g,oo~ Signed, sealed, and delivered in the presence off State of Florida County of SOUTH BEACH RESORT DEV LLC ~ N7of Corporal/on I HEREBY CERTIFY that ~o~,a.b ~. {~c~.~co .~.~o~. ~~n~y app~ b~ore me ~d ac~owl~g~ ~at h~e w~ ~e s~e. ~e forgoing ~s~t was a~owl~g~ before me ~s 2 ~ day of ~~ , ~oo~ , by ~mfio~ on beh~f of ~e ~r~on. H~she is p~on~ly ~o~ ~ me or h~ produc~ idmfific~on ~d who ~d not t&e ~ oa~. W~s ~b~d ~d offici~ s~ ~ ~e Co~ ~d S~te lint afor~ ~ 2 ~ day of ~o~ . ' Print Name Commission Number My Commi.~sion Expires: /-/?-o7 Granto~'s Address: South Beach Resort Dev LLC 1451DceanDr Miami Grantee's Address: BellSouth Telecommunications, Inc. 9101 SW 24 St Miami, FL 33165 TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS, INC. Dimrict FRC Wire Center/NXX Authority 8FL Drawing Area Number Plat Number RWID Approval Title '!. FT. BELLSOUTH EASEMENT GRAPHIC SCALE 40 0 20 40 80 160 ( IN FEET ) 1 inch = 40 ft. SH~T 1 OF 2 --)~. donsultingEngl.ers,~anners Su~eyors THE REGENT ~: ~' ' PH: (~5) 324-7671 ~ A~E~: ~R NO.: ~-76764 ~ F~ (3Q5) 32~OBOg I~ ~AN DR. MI~I ~gA~, ~ DRA~NG NO.: N 4 ~. BELLSOUTH EASEMENT , NOT m SC~ LEGAL DEECE/P T/ON ~E N~ 4 FEET ~ LO7 5 ~ 'HA~IS~ ~D HA~S ~~ A~ 70 ~E PLA T ~E~E~ ~EC~ IN P~ T 8~ 9, ~ T PA~ 73 ~ ~E PUB&lC SU~ VEYOR'S NO TEE I) BEARIN~ ~0~ H~E~ ARE 8A~ ~ ~E N~ UNE ~ LOT 5 ~ 9, AT PA~ 73 ~ ~E PUBLIC REC~DS ~ MIAMI-DA~ C~N~ ~A AS BEING ~ A BEARING ~ N ~'49' 2. NOT A B~NDARY ~R~ ~E ~RC PURPO~ ~ ~ ~E~ IS ~ ~CT A PR~O~D 4 F~ ~A~MEN~ F~ ~ INS~AL~ AND MAIN~NAN~ ~ ~MUN- CA~ UHE~ P~ES AND E~IPMEN[ A~SRE~A TIONS P. 8. = PLA ~ 8~ (R) = REC~D PG. - PA~ (C) - CAL~LA ~D SURVEYOR'S CER TIF/CA TE ADJAC~T m ~ PR~ ~ NOT ~O AE ~ /NF~A~ WAS NOT AND ~A~S W ~L~ ~IG~7-~, ~A ~smAn~ c~ PUR~ANT ~ ~R ~2. o~ F[~=~ S~S AS A~UC~S~. (=05) STA~ ~ ~IDA DEPAR~ENT ~ BU~NE~ AND PR~AL RE~LA~ PR~S~AL ~R~ AND MAPPER NO. 49~2 ~ ~ ~ SHEET 2 OF 2  ~~[SCAYNE ENGINEERING COMPANY, INC. PREPAR~ FOR: 8EL~ · ~W~ OA~' 4-~-0~ PH: (305) 524-7671 ~ A~E~: FAX: (~5) 32~080g 14~ O~AN DA M/AM/ ~a~, ~.