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RESOLUTION 91-20317 RESOLUTION NO. 91-20317 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A DEDICATION OF A SEWER LINE EASEMENT LOCATED ON LOT 8, CORRECTED PLAT OF STAR ISLAND, PLAT BOOK 31, PAGE 60, AND AUTHORIZING THE VACATION AND DISCONTINUANCE OF AN EXISTING SEWER LINE EASEMENT ALSO LOCATED ON LOT 8, CORRECTED PLAT OF STAR ISLAND, AS RECORDED IN PLAT BOOK 31, PAGE 60, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. WHEREAS, Modesto M. Mora, the present owner (hereinafter the "Owner") of Lots 8 and 9, of Corrected Plat of Star Island, as recorded in Plat Book 31, Page 60, of the Public Records of Dade County, Florida has petitioned the City of Miami Beach (the "City") to relocate a sewer line maintained in a sewer line easement granted on February 26, 1957, which easement is described as follows and hereinafter referred to as the "Old Easement" : Beginning at the Southeasterly corner of Lot Eight (8) , Corrected Plat of Star Island, according to the Plat thereof recorded in Plat Book thirty-one (31) at Page sixty (60) of the Public Records of Dade County, Florida; thence run in a Westerly direction along a straight line a distance of four hundred and one (401) feet; more or less, to a point on the fact of the bulkhead at Biscayne Bay, said point being fourteen and five-tenths (14 . 5) feet northerly of the Southerly line of said Lot Eight (8) ; thence run Northerly along the face of said bulkhead a distance of five (5) feet, more or less, to a point; thence run in an Easterly direction along a line parallel to and five (5) feet Northerly of the first mentioned line, a distance of four hundred and one (401) feet, more or less, to a point on the Easterly line of said Lot Eight (8) ; thence Southerly along the said Easterly line of Lot Eight (8) , a distance of five (5) feet, more or less, to the point of beginning . WHEREAS, the Owner has agreed to dedicate a new easement to the City, which will be clear of all encroachments and obstructions and which is legally described as follows and hereinafter referred to as the "New Easement" : Commencing at the Southwest corner of Lot 8, corrected Plat Star Island in Biscayne Bay, according to the plat thereof as recorded in Plat Book 31, at Page 60 of the Public Records of Dade County, Florida, thence run Northerly along the west line of said Lot 8 for a distance of 1 . 00 foot to the POINT OF BEGINNING, thence run Easterly, parallel to the South line of said Lot 8 for a distance of 400 . 00 feet to a point, said point located on the East line of the above mentioned Lot 8, thence run Northerly, along the East line of said Lot 8 for a distance of 5 . 00 feet to a point; thence run Westerly, along a line 6. 00 feet North and parallel to the South line of said Lot 8 for a distance of 376 .43 feet to a point; thence run Northwesterly, deflecting 45° to the right for a distance of 19 . 09 feet to a point; thence run Westerly, parallel to the South line of said Lot 8 for a distance of 10 . 07 feet to a point, said point located on the West line of Lot 8; thence run Southerly, along the West line of said Lot 8 for a distance of 18 . 50 feet to the POINT OF BEGINNING. Said lands located, lying and being in the City of Miami Beach, Florida and containing 2227 . 07 square feet more or less . WHEREAS, the City has agreed to perform work and pay all costs associated with the relocation and/or construction of a new sewer line to be located in the New Easement, pursuant to plans and specifications approved by the City and any other governmental agency having jurisdiction over this matter; and WHEREAS, upon completion of the relocation and/or construction of the sewer line into the New Easement, the City will have no need or use for the Old Easement and the vacation and discontinuance of the Old Easement will be non-injurious to the interests of the City and the general public; and WHEREAS, the Public Works Department recommends that the City accept the New Easement, as depicted in the Grant of Easement attached as Exhibit "A" ; and WHEREAS, the Public Works Department recommends that the City vacate and discontinue the Old Easement, conditioned upon the occurrence and completion of the following : 1 . The execution by the Owner and acceptance by the City of the New Easement . 2 . The construction of the sewer line to be located in the New Easement and connection to the old force main at appropriate points within the retained portion of easement . 3 . Capping and Abandonment in place of the existing sewer line by the City. NOW, THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that it accepts the dedication of the New Easement and hereby vacates and discontinues all rights, title and interest in the Old Easement, however, said vacation and discontinuance does not become effective until the complete relocation of the sewer line has been effectuated at the sole cost and expense of the City, pursuant to plans and specifications approved by the City or other government agency having jurisdiction in this matter and the Capping and Abandonment in place of the existing sewer line by the City. PASSED and ADOPTED this 19th day of J 199 . MAYOR ATTEST: L &AAA-- CITY CLERK FORM APPROVED LEGAL DEPARTMENT DATE: 67/2/9/ 3019/lc -2- / V RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A DEDICATION OF A SEWER LINE EASEMENT LOCATED ON LOT 8, CORRECTED PLAT OF STAR ISLAND, PLAT BOOK 31, PAGE 60, AND AUTHORIZING THE VACATION AND DISCONTINUANCE OF AN EXISTING SEWER LINE EASEMENT ALSO LOCATED ON LOT 8, CORRECTED PLAT OF STAR ISLAND, AS RECORDED IN PLAT BOOK 31, PAGE 60, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. WHEREAS, Modesto M. Mora, the present owner the "Owner") of Lots 8 and 9, of Corrected Plat of (hereinafter 60, of the Star Island, as recorded in Plat Book 31, Page Public Records of Dade County, Florida has petitioned the City of Miami Beach (the "City") to relocate a sewer line maintained in a sewer line easementgranted ranted on February 26, 1957, which easement is described as follows and hereinafter referred to as the "Old Easement" : Beginning at the Southeasterly corner of Lot Eight (8) , Corrected� Plat of Star Island,according to the Plat thereof recorded in Plat Book thirty-one (31) at Page sixty (60) of the Public Records of Dade County, Florida; thence run in a Westerly direction along a straight line a distance of four hundred and one (401) feet; more or less, to a point on the fact of the bulkhead at Biscayne Bay, said point being fourteen and five-tenths (14 . 5) feet northerly of the Southerly line of said Lot Eight (8) ; thence run Northerly along the face of said bulkhead a distance of five (5) feet, more or less, to a point; thence run in an Easterly direction along a line parallel to and five (5) feet Northerly of the first mentioned line, a distance of four hundred and one (401) feet, more or less, to a point on the Easterly line of said Lot Eight (8) ; thence Southerly along the said Easterly line of Lot Eight (8) , a distance of five (5) feet, more g or less, to the point of beginning . WHEREAS, the Owner has agreed to dedicate a new easement to the City, which will be clear of all encroachments and obstructions and which is legally described as follows and hereinafter referred to as the "New Easement" : Commencing at the Southwest corner of Lot 8, corrected Plat Star Island in Biscayne Bay, according to the plat thereof as recorded in Plat Book 31, . at Page 60 of the Public Records of Dade County, Florida, thence run Northerly along the west line of said Lot 8 for a distance of 1. 00 foot to the POINT OF BEGINNING, thence run Easterly, parallel to the South line of said Lot 8 for a distance of 400 .00 feet to a point, said point located on the East line of the above mentioned Lot 8, thence run Northerly, along the East line of said Lot 8 for a distance of 5 . 00 feet to a point; thence run Westerly, along a line 6. 00 feet North and parallel to the South line of said Lot 8 for a distance of 376.43 feet to a point; thence run Northwesterly, deflecting 45° to the right for a distance of 19 . 09 feet to a point; thence run Westerly, parallel to the South line of said Lot 8 for a distance of 10 . 07 feet to a point, said point located on the West 140 AGENDA ITEM DATE OFF, 5124PG 348 „ !!„ e`:r. GRANT OF EASEMENT _ t{�.r-��v�. to� r. /►���� SURTAX (M�� a O', �S F'-HE 0.63 SURTAX 3.45 MARSHALL g.±ER, -LER', DADE COUNTY: FL This Grant of Easement made this I ' day of 1991 between the City of Miami Beach, a Florida uni ipal corporation, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida (hereinafter referred to as the "City" ) and Modesto M. Mora and Lourdes S. Mora, his wife, whose principal address is 38 Star Island, Miami Beach, Florida (hereinafter referred to as the "Grantor" ) . WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10 . 00) , to it in hand paid by the City, the receipt whereof is hereby acknowledged, hereby grants, sells and conveys to the City, its successors and assigns forever, an irrevocable, non-exclusive easement under and upon the land situate, lying and being in the County of Dade and State of Florida, to wit : Commencing at the Southwest corner of Lot 8, corrected Plat Star Island in Biscayne Bay, according to the plat thereof as recorded in Plat Book 31, at Page 60 of the Public Records of Dade County, Florida, thence run Northerly along the west line of said Lot 8 for a distance of 1. 00 foot to the POINT OF BEGINNING, thence run Easterly, parallel to the South line of said Lot 8 for a distance of 400 . 00 feet to a point, said point located on the East line of the above mentioned Lot 8, thence run Northerly, along the East line of said Lot 8 for a distance of 5 . 00 feet to a point; thence run Westerly, along a line 6 . 00 feet North and parallel to the South line of said Lot 8 for a distance of 376 .43 feet to a point; thence run Northwesterly, deflecting 45° to the right for a distance of 19 . 09 feet to a point; thence run Westerly, parallel to the South line of said Lot 8 for a distance of 10 . 07 feet to a point, said point located on the West line of Lot 8; thence run Southerly, along the West line of said Lot 8 for a distance of 18 . 50 feet to the POINT OF BEGINNING. Said lands located, lying and being in the City of Miami Beach, Florida and containing 2227 . 07 square feet more or less . To have and to hold the said easement solely for the purpose of installing, maintaining and repairing a sewer line or other subsurface utility. The City agrees to (i) contract for or perform all work and (ii) pay all costs associated with the complete relocation and/or construction of a new sewer line to be located in the dedicated easement described above, pursuant to plans and specifications approved by Grant-or, t._.he... City and ... other government agencies having jurisdiction in this matter. Prepared by and return to: Judith A. Burke, Esq. Shutts & Bowen 100 Chopin Plaza/16th Floor Miami , FL 33131 E: 151r)4PG 349 Grantor agrees that it will not erect, construct or install any structure, improvement or landscaping under, across or on the dedicated easement without the specific written authority of City which authority will not be unreasonably withheld or delayed. This Grant of Easement shall inure to the benefit of and be binding upon the City and the Grantor, and their respective successors and assigns . IN WITNESS WHEREOF, I have hereunto set my ha and seal at Miami Beach, Dade County, Florida this /f day of U/ 1991 . - 7 • le'de/J44r,-,7 t , , ,,•.• 194-4 o,„ e; p• , -, _Z Modesto M. Mora �`, i. :.� '•,,� .` / 38 Star Island „„,,a- t n e s s Maria :� 'g Miami. -- ch, F ; siff A-- • ,1114/L& if t .. ce' . 7 A n= s Silvia Mancha ' ourdes S S. or �� ..=t elk An. - - - - 38 Star Island / Witness J. Codena Miami Beach L STATE OF FLORIDA ) ) SS. COUNTY OF DADE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Modesto M. Mora and Lourdes S. Mora, his wife, to me known to be the persons described in and who executed the foregoing 9 g instrument and they acknowledged before me that they executed the same. WITNESS my hand and official s al in the County and State last aforesaid this as day of7//y , 1991 . My Commission Expires:, NOTARY PUBLIC STATE OF FLORIDA MY COXP:CSICH EXP. WAI 11,1991 EONDED Th ZJ CEN RAL INS. UAT, Noty Pu lic, State of Florida (::;?0Janette Cabrera ::A�~COUNTY,FLORIDA• p COPD►'JcIFi�D Ciera o C 1 c.. }U1l & Cou ty Carts �, •. � 3018L/lc ,,, ►r 7/8/91 gra . • -2- • 50' 4"1V (41 400' •LOT • 400' • 8 W. slot I suti b DZIV E ,. Lit CDi.RECTEP PLAT STAR ISLAND sys D1V 1S1o14 O ivtt 8 M 1 W F' 7S•4AW Es SSCT/LWS of O Is/NAL &ASsMsNr tit 7b es Ae,i.vneweo drzezAezzArAerz -• xorr.arorzedydzdrgzrArerJsrAre 4•70- • SAO • I 114.1 P.0.B. it. 5 4 00,0• ReOROS E1 .Z;f5 NENT- • EXHIBIT "A" PROPOSED EASEMENT E.ACHANGE Fos LOT $ - STAR ISLAND so' ORIGINAL RESOLUTION NO. 91-20317 Accepting a dedication of a sewer line easement located on Lot 8, corrected plat or Star Island, Plat Book 31, Page 60, and authorizing the vacation and dis- continuance of an existing serwe line easement also located on Lot 8, corrected plat of Star Island, as recorded in Plat Book 31, Page 60, of the Public Records of Dade County, Florida.