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RESOLUTION 84-17894 RESOLUTION NO. 84-17894 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN EASEMENT AGREEMENT ACCEPTING AN EASEMENT FROM THE CUBAN HEBREW CONGREGATION OF MIAMI, INC. AND ABANDONING AN EXISTING EASEMENT. WHEREAS, the Cuban Hebrew Congregation of Miami , Inc. has gratuitously agreed to grant to the City an easement as more particularly described in that Easement Agreement attached hereto; and WHEREAS, the City has, in exchange, agreed to abandon an existing easement as more particularly described in that Easement Agreement attached hereto; and WHEREAS, the City Manager has approved of the execution of the Easement Agreement and the City Attorney has approved it as to form, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and the City Clerk are authorized to execute an Easement Agreement accepting an easement from the Cuban Hebrew Congregation of Miami , Inc. and, in exchange, abandoning an existing easement. PASSED and ADOPTED this 17th day of October , 1984 . >1'7 ' • , ( , ,,,_, ..„..,.„)( .......,a. ayor Attest: -.114City Clerk RESR/jhd t-1-41i---"* FORM APF OV D A 12 /4711:1-1-'-' ' LEGAL DEPT. By /"."1-",e ,ate ./#: / OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139 • -741 b P ci 7;(--k--, „,„ —2 ( ,-,4? AY- (- • b/ r EASEMENT AGREEMENT wti AGREEMENT made this 4,Zir day of September, 1984 , by and between CUBAN HEBREW CONGREGATION OF MIAMI , INC. , a Florida corporation, 1700 Michigan Avenue, Miami Beach, Florida, as Grantor, and CITY OF MIAMI BEACH, 1700 Convention Center Drive, Miami Beach, Florida, as Grantee . WHEREAS , Grantor is the owner of : Lots 1, 19 and 20 , all in Block 19 , of PALM VIEW SUBDIVISION, according to the Plat thereof , as recorded in Plat Book 6 , at Page 29 , of the Public Records of Dade County, Florida; and, WHEREAS, Grantee presently holds or owns an easement and existing ultilities thereon, on the following described property: The East 5 feet of Lots 19 and 20 , and the West 5 feet of Lot 1, all in Block 19 , of PALM VIEW SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6 , at Page 29 , of the Public Records of Dade County, Florida; and, WHEREAS, the CITY OF MIAMI BEACH is willing to abandon its existing easement and existing utilities located thereon, as more fully described hereinabove, in exchange for an easement for public utility purposes over, across and under a portion of the property owned by Grantor; and, WHEREAS, Grantor is agreeable to the granting of an easement in exchange for the abandonment by the Grantee of its existing easement, as hereinabove described, NOW, THEREFORE, in consideration of the mutual under- takings, covenants and grants, as hereinafter set forth, the sufficiency of which are hereby acknowledged, the parties, agree as follows : 1. The above recitals are true and correct. 2 . Grantor hereby conveys unto Grantee, an easement for installation, maintenance and repair, for public utility purposes, over, across and under the following described property: R E C E �VED sEi ' 'i :' SUPRASKI, P.A. • 799 BRICKELL PLAZA • MIAMI, FLORIDA• PHONE 3'7-4526 C The North 10 feet of Lot 19 in Block 19, of PALM VIEW SUBDIVISION, accordingto the Plat thereof, as recorded in Plat Book 6, at Page 29, of the Public Records of Dade County, Florida. 3. The parties acknowledge the existence on or under the easement above granted, of the following items : a) Concrete Blockp lanter; b) Fire sprinkler line, standpipe • p pe and Siamese connection; c) Sanitary sewer line. In the event that the CITY OF MIAMI BEACH deems it necessary, in utilizing the easement granted to it bythis s Instrument, to remove any of the encroachments listed above, then the Grantor shall be responsible for the cost of such removal. However, Grantor, will have the right to re-install such removed encroachment (s) with the approval of the CITY OF MIAMI BEACH. 4 . CITY OF MIAMI BEACH does hereby vacate and abandonits Its existing utility easement, together with existingutilities utlllties thereon, over, under and across the followingdescribed abed property: The East 5 feet of Lots 19 and 20, and the West 5 feet of Lot 1, all in Block 19, of PALM VIEW SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, at Page 29, of the Public Records of Dade County, Florida; 5. This Agreement shall be binding upon the successors ors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have • hereunto subscribed the day and year first above written. WITNESSETH' CUBAN HEB �'CONGREGA IO OF . rida corporation) r r. 'UM I I Pr ' Agiglinlig 1 I r ''� By 1-z E5/ Pt Ai T -1 a ~ CITY OF MIAMI BEACH By �'' ___icylr ___::___, /64,„-- -, ,..):, ,, .� Mayor _- 64-4,- W.d.64-, 11 ATTEST ''/IF/dt4..„.:L i200C44. . City Clerk CEJvFr SEP 1 3 1984 -2- SMITH & SUPRASKI, P.A. • 799 BRICKELL PLAZA • MIAMI, FLORIDA• PHONE 377-452R STATE OF FLORIDA ) SS: COUNTY OF DADE ) BEOFRE ME, the undersi ned authority y on this day of September, 1984, personally appeared /4- 1 .6 to me well known to be e ‘.72, -, 1,,Dtz---k, T of CUBAN HEBREW CONGREGATION OF MIMAI BEACH, INC. , who upon being duly sworn, deposes and states that he subcribed to the foregoing Easement g g Agreement asR-V7 free act and deed. "NW ., _ \ ,41 otary Public, State o lorida My Commission ExR i Ke-s-t Notary Public, State of My Commission Expires Sept. i0, 191 Bonded Thru Troy Fain:Insurance,in STATE OF FLORIDA ) SS: COUNTY OF DADE ) BEFORE ME, � the undersigned authority, on thisc2cz day of September, 1984, personally appeared Malcolm H. Fromberg to me well known to be ,or of THE CITY OF MIAMI BEACH, who upon being duly sworn, deposes and states that he subscribed to the foregoing Easement Agreement as his free 1 1act and deed. VA---c-4,,--- Notary Public, State of Florida My Commission Expires: ,i,Y Egli : STATE OF FLORIDA AT LARGE :'i.::sCONVA I 5 ION,EXP KS APRIL 23 19 6 5 '� _' 1 S i UNiEKWRITS �J��.i�i:13 ,i i-iL,U �cf�1L�.,�,� I-� This Instrument Prepared By: Louis A. Supraski, Esq. Suite 800, Brickell Centre 799 Brickell Plaza Miami, Florida 33131-2849 ICE 1 Vk D SEN i 3 SMITH &SUPRASKI, P.A. • 799 BRICKELL PLAZA • MIAMI, FLORIDA• PHONE 377-4526 ORICINAL RESOLUTION NO. 84-17894 (Authorizing the Mayor and the City Clerk to execute an easement agreement accepting an easement from the Cuban Hebrew Congre- gation of Mlami, Inc. and abandoning an existing easement) f • 4