C7I-Execute Termination And Abandonment Of Easement 6480 Allison RoadCOMMISSION ITEM SUMMARY
6480 Allison Road, LLC ("Owner"), is the owner of real property located at 6480 Allison Road, LLC; legallydescribed by
metes and bounds recorded in the Official Record Book 1811, at page 417, of the Public Records of Miami-Dade
County, Florida. The City's existing drainage outfall easement is within the area that the property owner would like to
build his new home and was previously located under the owner's driveway, sidewalk and pool deck, Due to the
property owner desires to build a new home on the property he has asked that the drainage easement be relocated to
within four feet of the north property line.
The City has not used the existing easement in some time but is amenable to obtaining a new drainage easement that
would not interfere with the construction so that the City may continue its drainage use at the new easement location,
which easement would provide for the construction, installation, maintenance, repair and replacement of City drainage
outfall pipes.
lf the new easement is accepted, the property owner, at his expense shall install and connect a new drainage pipe
within the easement area and the City shall abandon the old pipe located within the original easement area. The City
and Owner have accordingly negotiated a newGrant of Easement, (ATTACHMENTA), providing fora five (5)foot
easementto be located approximately four feet from the north property line and approximately eight feet away from the
easement to be vacated, (ATTACHMENT B) and which new easement will be north of the proposed building, see
sketch (ATTACHMENT C).The new easementwill accommodatetherelocationoftheexisting utilitieseasement, and for
the installation, continued maintenance, construction and repair of stormwater outfall pipes, and appurtenances.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Clerk's Office islative Tracki
n-Offs:
Allisson. Sum
AGENDA N"* C7 I
oaw t/-l9l{
Gondensed Title:
A Resolution Of The MayorAnd CityCommission Of The CityOfMiamiBeach,Florida,ApprovingAndALlthorzmg
The Mayor And City Clerk To Execute ATermination And Abandonment OfEasement Between O4gO nltison Road-,
LLC, Asthe Owner("Owner")Of The Property LocatedAt6430AllisonRoad,MiamiBeach,AndTheCity,And Further
Accepting A New Grant Of Easement From Owner On TheAforestated Property, For The lnstallation, Maintenance,
Construction And Repair Of City Drainage Outfall Pipes And Appurtenances; Said Termination And Grant Of
Easement, Respectively, Subject To The Following Conditions All Costs For Engineering And Construction Work
For The Relocation Of The Existing Outfall Pipe To The New Proposed Easement To Be Paid For By Owner;
And, All New Construction Of The New Pipe Be ln Accordance With City And Applicable Codes And
Specifications.
Item Summary/Recommendation:
Board Recommendation:
Financial lnformation:
Source of
Funds:
OBPI
Financial
Eric Public Works X6012
* MIAMI&rACH 215
g MIAMIBEACH
City of Miomi Beqch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMIS ION MEMORANDUM
TO: Mayor Philip Levine and Mem
FROM: Jimmy Morales, City Manager
DATE: April 15, 2015
of the City
SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORTZING THE MAYOR AND
CITY CLERK TO EXECUTE A TERMINATION AND ABANDONMENT OF
EASEMENT BETWEEN 6480 ALLTSON ROAD, LLC, AS THE OWNER (,,OWNER")
OF THE PROPERTY LOCATED AT 6430ALLISON ROAD,MIAMT BEACH, ANDTHE
CITY, AND FURTHERACCEPTING ANEWGRANT OF EASEMENT FROM OWNER
ONTHEAFORESTATED PROPERTY, FOR THE INSTALLATION, MATNTENANCE,
CONSTRUCTION AND REPAIR OF CITY DRAINAGE OUTFALL PIPES AND
APPURTENANCES; SAID TERMINATION AND GRANT OF EASEMENT,
RESPECTIVELY, SUBJECT TO THE FOLLOWING CONDITIONS ALL COSTS FOR
ENGINEERING AND CONSTRUCTION WORK FOR THE RELOCATION OF THE
EXISTING OUTFALL PIPE TO THE NEW PROPOSED EASEMENT TO BE PAID
FOR BY OWNER; AND, ALL NEW CONSTRUCTION OF THE NEW P|PE BE !N
ACCORDANCE WITH CITY AND APPLICABLE CODES AND SPECIFICATIONS.
6480 Allison Road, LLC ("Owner"), is the owner of real property located at 6480 Allison Road, LLC,
legally described by metes and bounds recorded in the Official Record Book 181 1 , at page 417 , of
the Public Records of Miami-Dade County, Florida. The City's existing drainage outfall easement is
within the area that the property owner would like to build his new home and was previously located
under the owner's driveway, sidewalk and pool deck. Due to the property owner desires to build a
new home on the property he has asked that the drainage easement be relocated to within four feet
of the north property line.
The City has not used the existing easement in some time but is amenable to obtaining a new
drainage easement that would not interfere with the construction so that the City may continue its
drainage use at the new easement location, which easement would provide for the construction,
installation, maintenance, repair and replacement of City drainage outfall pipes.
lf the new easement is accepted, the property owner, at his expense shall install and connect a new
drainage pipe within the easement area and the City shall abandon the old pipe located within the
original easement area. The City and Owner have accordingly negotiated a newGrant of Easement,
(ATTACHMENTA), providing forafve(S)footeasementto be located approximatelyfourfeetfrom the
north property line and approximately eight feet away from the easement to be vacated,
(ATTACHMENT B) and which new easement will be north of the proposed building, see sketch and
legal (ATTACHMENT C).
216
City Commission Memorandum - 6480 Allison Road, easement vacation
April 15, 2015
Page 2 of 2
The new easement will accommodate the relocation of the existing utilities easement, and for the
installation, continued maintenance, construction and repair of sto rmwate r o utf a ll , p ipes,
and appurtenances
Accordingly, the Administration would recommend thatthe Mayor and City Commission authorize the
Mayor and City Clerk to execute the attached Termination and Abandonment of Easement, attached
as Exhibit "8" hereto, and accept the new Grant of Easement, as set forth in Exhibit 'A"; all subject to
the conditions set forth in this Resolution.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
Attachments:
A. New Grant of Easement
B. Termination and sketch and legal description of recorded easement
C. Sketch and legal
JM/MT/ETC/JJF/EB
T:\AGENDAt201 S\April\PUBLIC WORKS\6480 allison. Memo 0406201 5.doc
217
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF
THE CITY OF MIAM! BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
TERMINATION AND ABANDONMENT OF EASEMENT BETWEEN
6480 ALmN rcAq U-q AS THE OWNER (,,OWNER") OF THE
PROPERTY LOCATED AT 6480 ALLISON ROAD, MIAMI BEACH,
AND THE CITY, AND FURTHER ACCEPTING A NEW GRANT OF
EASEMENT FROM ot,\,IGR ON THE AFORESTATED PROPERTY,
FOR THE INSTALLATION, MAINTENANCE, CONSTRUCTION
AND REPAIR OF CITY DRAINAGE OUTFALL PIPES AND
APPURTENANCES; SAID TERMINATION AND GRANT OF
EASEMENT, RESPECTIVELY, SUBJECT TO THE FOLLOWING
GONDITIONS: ALL COSTS FOR ENGINEERING AND
CONSTRUCTION WORK FOR THE RELOCATION OF THE
EXISTING OUTFALL PIPE TO THE NEW PROPOSED EASEMENT
TO BE PAID FOR BY OWNER; AND THAT CONSTRUCTION OF
THE NEW PIPE BE !N ACCORDANCE WITH CITY AND OTHER
APPLICABLE CODES AND SPECIFICATIONS.
WHEREAS, 6480 Allison Road, LLC ("Owne/'), is the owner of real property
located at 6480 Allison Road, Miami Beach, Florida, legally described by metes and
bounds recorded in the Official Record Book 181 1 , at page 417, of the Public Records of
Miami-Dade County, Florida (the Property); and
WHEREAS, the City's existing drainage outfall easement (the City Easement) is
located within an area on the Property that the Owner would like to build a new home on;
and
WHEREAS, the Owner has requested that City's Easement be relocated to
within four feet of the north Property line; and
WHEREAS, the City is amenable to obtaining a grant of a new drainage
easement (the New Easement) (in a location on the Property that would not interfere
with the construction), which easement would provide for the construction, installation,
maintenance, repair and replacement of City drainage outfall pipes; and,
WHEREAS, if the New Easement is accepted, the Owner, at its sole cost and
expense shall install and connect a new drainage pipe within the easement area and the
City shall abandon the old pipe located within the original easement area.
WHEREAS, the City and Owner have negotiated a new Grant of Easement,
attached as Exhibit "A" hereto, providing for a fve (5) foot easement to be located
approximately four feet from the north property line and approximately eight feet away
218
from the easement to be vacated, (vacation attached as Exhibit "B"); which new
easement will be north of the proposed building;
WHEREAS, accordingly, the Administration would recommend that the Mayor
and City Commission authorize the Mayor and City Clerk to execute the attached
Termination and Abandonment of Easement, attached as Exhibit "8" hereto, and accept
the new Grant of Easement, as set forth in Exhibit '4"; all 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 approve and authorize the Mayor to execute a termination and
abandonment of easement between 6480 Allison Road, LLC, as the owner of the property
("Owner") located at 6480 Allison Road, Miami Beach, and the City, and further
accepting a new grant of easement from O^/ner on the aforestated property, for the
installation, maintenance, construction and repair of City drainage outfall pipes and
appurtenances; said termination and grant of easement, respectively, subject to the
following conditions: all costs forengineering and construction work forthe relocation
of the existing outfall pipe to the new proposed easement to be paid for by Owner;
and that construction of the new pipe be in accordance with City and other
applicable codes and specifications.
PASSED and ADOPTED this _day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
'88-f8[P-S'lB'['Ugo*a{.15
Dote
F:\ATTO\BOUE\RESOS\ReIease of easement area & accept new easement area resolution [6480 Allison Rd LLC].doc
219
This instrument was prepared by
Name:Eve A. Boutsis
Address: Office of City Attorney
1700 Convention Center Drive
Miami Beach, Florida 33 139
(Space reserved for Clerk)
Grant of Easement
This Grant of Easement entered into this _ day of 2015, by 6480 Allison Road, LLC,
with its address at:(hereinafter referred to as Grantor) and the City of
Miami Beach, Florida, a Municipal Corporation with its address at 1700 Convention Center
Drive, Miami Beach, FL 33139 (hereinafter referred to as Grantee) its successors and assigns.
1. Grantor is the owner, in fee simple, of the Real Property legally described as:
Folio: 02-3211-003-0380
The South 20 feet of Lot 39, Lot 40 and the North 15 feet of Lot
41, of Indian Creek Subdivision, according to the Plat thereof, as
recorded in Plat Book 31 at page 75 of the public records of Miami
Dade County, Florida
In consideration of the sum of ONE and no/100 ($1.00) DOLLAR and other good and
valuZrble consideration, the receipt and suffrciency of which is hereby acknowledged, the
Grantor hereby grants and conveys to the Grantee, over, under and across the Easement
Atea, rnore fully described in Exhibit A, an exclusive Easement for the installation,
maintenance, construction and repair of a storm water drainage outfall pipes, and
appurtenances, the costs and expenses associated with same to be paid by Grantee. The
City of Miami Beach, its employees, contractors, or representatives shall have the
permanent right and license for purposes of ingress and egress to and from the Easement
for the purposes enumerated herein.
Grantee, its successors and assigns, agree to indemniff and hold Grantor, its successors
and assigns, harmless from any and all liability, loss and against all claims or actions
based upon or arising out of damage or injury (including death) to person(s) or property
that Grantor, its successors and assigns may suffer as a result of claims, demands, costs,
or judgments against it arising from Grantee's, its successors' and assigns' installation,
use and maintenance of the Easement.
4. It is intended that this Easement shall be recorded in the Public Records of Miami-Dade
County, Florida, and that this Easement shall be construed and shall be enforced in
accordance with the laws of the State of Florida.
2.
a
EXHIBlTIA
220
5.
6.
Page 2 of3
The easement herein granted shall constitute a covenant running with the parcel of Real
Property described herein and shall be binding upon and shall inure to the benefit of the
Grantor and the Grantee, and their respective successors and assigns.
The rights and benefits of the Grantee under this Easement shall be freely assignable by
the Grantee, in whole or in part.
7. To the extent that the Easement granted herein is no longer required by Grantee, Grantee
hereby agrees to execute and record in the Public Records of Miami-Dade County,
Florida, appropriate documentation to abandon and terminate this Grant of Easement.
Signed, witnessed, executed and acknowledged on thrs
2015
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
fls
Date
IN WITNESS WHEREOF, thE
by their proper officials.
Signed, sealed and delivered
in the presence of:
day of
Seller has caused these presents to be signed in its name
6480 ALLISON ROAD, LLC
a Florida limited partnership
Print Name:
Title:
Witness:By:
Print Name:
Witness:
Print Name:
221
Page 3 of3
STATE OF FLORIDA )
SS:
corJNTY oF MrAMr-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, the foregoing instrument
was acknowledged before me by ,BS of 6480 Allison Road,
LLC, a Florida Limited Liability Corporation, who is personally known to me or who has
produced a valid driver's license as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,2015.
Notary Public, State of Florida
My Commission Expires:
222
This instrument was prepared by:
Name: Eve A. Boutsis
Address: Office of City Attorney
1700 Convention Center Drive
Miami Beach, Florida 33139
(Space reserved for Clerk)
TERMINATION AND ABANDONMENT OFEASEMENT
ThisterminationandabandonmentofEasementisenteredintothisdayof-,
2015, by 6480 Allison Road, LLC, with its address at:(hereinafter referred to as
Owner) and the City of Miami Beach, Florida, a Municipal Corporation with its address at 1700
Convention Center Drive, Miami Beach, FL 33139 (hereinafter referred to as City) its successors and
assigns.
WHEREAS, Owner is the owner of the Real Property, commonly known as 6480 Allison Road,
Miami Beach, Florida, legally described as follows to wit:
Folio: 02-3211 -003-0380
The South 20 feet of Lot 39, Lot 40 and the North 15 feet of Lot 41, of
Indian Creek Subdivision, according to the Plat thereof, as recorded in Plat
Book 31 at page 75 of the public records of Miami Dade County, Florida
and
WHEREAS, an Easement appears on the property as reflected in the Official Records Book 1811
at pages 417-4t8, of the Public Records of Miami-Dade County. Florida, the Easement being more
particularly described in Exhibit A, attached and incorporated by reference herein.
WHEREAS, said Easement provides the City certain storm water sewer outfall rights relating to
constructing and maintaining the stormwater sewer; and
WHEREAS, the City wishes to terminate all of its right, title and interest in and to the
Easement.
NOW, THEREFORE, in consideration of the sum of TEN AND N0 ($10.00) DOLLARS and
othergood and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
ClTYagrees as follows:
EXHIBlTIE
l. That the above captioned recitals are incorporated herein by this reference.
223
Page2 of2
2. That the Easement and its terms, conditions
terminated, abandoned and released from the
further force and effect.
and provisions set forth in the Easement are hereby
Real Property described above and shall have no
IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and
year first above written.
Signed, sealed and delivered
in the presence of:
Witnesses: City of Miami Beach
By:
Print Name Philip Levine, Mayor
By:
Print Name
STATE OF FLORIDA)
COLINTY OF MIAMI-DADE)
Theforegoinginstrumentwasacknowledgedbeforemethis-dayof-,20l5by
Philip Levine, as Mayor of the City of Miami Beach, who is personally known to me or who has
produced as identification and did (did not) take an oath.
Notary Public, State of Florida
City of Miami Beach
Rafael E. Granado, City Clerk
224
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Attachment - C
FAX No. 561-314-O77OTELEPHONE No. 561 -314-OZes,
3460 FAIRI ANE FARMS ROAD. S
LEGAL DESCRIPTION OF:
A s-FOOT WIDE DRAINAGE EASEMENT
A PORTION OF LOT 39, INDIN{ CREEK SUBD'Y'S'ON
P.B. 31, PG. 75, M.D.C.R.
IN THE N.W. 114 OF SECT'ON 11 , TOWNSHIP 53 SOUTH, RANGE 42 EAST
CITY OF MINII BEACH, MINN\DME COUNry, FLORIDA
A PIRCEL OF l./iND BANC A PORNON OF LOT J9,
'NO'AN
CREEK SUBDMS'ON, rcCORDING TO THE PUT
THEREOF, AS RECORDED IN P|./T BOOK 31, PACE 75, OF THE P{IBLIC RECORDS OF MIAKII-MDE COUNTY,
FLORIDA SA'D PARCEL BANG MORE PARNCUURLY DFSCRIBED AS FOIIOTTS:
COMMENCE AT THE SOUIHEqSI CORI.'ER OF SA'D LOT 39;
7HE{CE NORIH 0&4/'15' WES-T, ALONC THE EISTERLY UNE OF SA'D LOT 39 NID THE }?ESTERTY RICHT OF
wAy UNE oF ArusoN RaAD (UATR WEW ROAD PER PUT), A D'STATVCE OF 2.6E FEEI rO THE PON| OF
8E6INNIN6;
THENCE NORT}' 65'37,46. WEST, A D'STANCE OF 15.22 FEEI TO A PONT ON E LINE 1'.OO FEET NAfiH OF
N,ID PIRALIEL WITH THE SOUTH LINE OF SAID LOT J9;
THENCE SOUTH 8I'15,45. WEST, ALONG SAID PARAILEL UNE A D'STAA'CE OF 194.64 FEEI;
THENCE SOUTH 35'47,23, }I,EST, A DISTAI,ICE OF 11.57 FEET TO A PONT ON 7}'E }YESTERIY LINE OF SAID LOT
J9;
THENCE I.JORTH 0844,15, WEST, ALON6 S4,D I,IESTERLY L,NE, A D,SIAA,CE OF 7.13 FEEI:
THANCE NORTH 35'47,23. ilST, A D'STANCE OF E.56 FEET TO A POIM ON A UNE 16.00 FEET NORTH OF
AIID PARAIJEL WMl THE SOUIH t'NE OF SAID LOT 39;
THENCE
'VORIH
EI'15,45. EIST, //-:ONE SND PARALLEL UNE, A DIS7|N,ICE OF 198.22 FEFT;
THENCE SOUIH 65'37'46' EAST, A DISI
^tCE
OF 13.45 FEET TO 9qrD FT4SIERLY UNE OF LOT 39;
TH&''CE SOWH 0844,15. E{S]i ATONO SA'D E4STMLY UNE, A ASTNICE OF 5.97 FEET TO THE PO//NT OF
BEGrl,rN,NC.
SA'D TANDS STruATE WTHIN THE CITY OF M'AMI BEACH, IIIAMI-DIOE COUNTY, FLORIDA COMNNINC 1,104
sSuARE FEET), MORE OR LESS.
sun/Er r{orE$
1. THE EE^R,,VGS SHOWN HEREON ARE BASED ON A PIAT BilRING OF N. 08'44'15. W., ALONG THE WESIERLY
RtcHT OF WAy UNE OF ALI'SON ROAD (WATER WEv( PRADO, PER PUT), AS SHOWN
'N 'ND'AN
CREEK
SUEOMS'ON, RECORDED IN PUT BOOK J|, PAOE 75, OF THE PUBUC RECORDS OF MIATII-DADE COUNTT,
FLORIDL
THE PROPERIY SHOWN HEREON tryAS NOT ABSTP{/ICTED FOR OWNERSHIP, R'OHIS-OF-WAY OF OTHER
[r/4nERS OF RECORD BY A(/rCTL
TH|S SKETCH DOES NOr REPRESEM A FTELD SURver (iHrS
'S
NOT A SURVHT).
THE LECAL DESCR'P77ON SHOltN HEREON WN AUTHORED BY AACTA COMMERCIAL SURVE}ORS,
'NC.,WM1OW THE BEI{ENT OF A TITLE SARCH.
2.
J.
4.
H'S IS TO CERTIFf IHAT THE SKETCH AND IEGAI DESCRIPNO'V SHOT}IV
HEREON IS
'CCURATE
AA'D CORRECT IO I}TE EEST OF MY KNOIILEDEE
N,ID BELIEF, I FUtrIHER CERIIFy TIIAT THIS SKETCfi AXO IEGAI
DESCR'PIION T'EErS IHE SIA^'OARDS OF PRACNCE ESTABI.'SHEO $/ 7}IE
FLOflOA AOARD OF PROFESS'O'VAI SURYEYORS A'VD A/APPERS
'NCHAFTER 5J-17, FLORIDA ADM'MSI&(7II/€ COOE, PURSUN,IT TO SECI'O'V
472.07, FLORTDA SrArUrES.
JAVIER DE I.A a.L1/
PROFESSO{^L SURVFIOR AI{D IAPPER IIO. 6OEO - STAIE OF TLOAO^
SEAL
NOT YAUO UNLESS
ST/ALEO T'ERE
AN EMEOSSED
SUM/EYOR,S SE4L
SHEET I OF 2
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TELEPHONE No. 561-314-0769 FA)< No. 561-314-OZ7O
3460 FAIRL.ANE FARMS ROAD, SIJITE 6. \NELLINGT()N. FL 3341.4
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1.8. 7551
SKETCH OF DESCRIPTION OF:
A S.FOOT WTDE DRAIIIIAGE IASEHEIIIT
A PORTION OF LOT 39, INDIAAI CREEKSUED'Y'S'OA/
P,B. 31, PG. 75, M.D,C.R,
IN THE N.W. 114 OF SECI'OA/ 11, TOWNSHIP 53 SOUTH, RANGE 42 EA,,ST
CITY OF MIAMI BEACH, MIN/II.DADE COUNTY, FLORIDA
I#
il'- 30'
I.EGE'VDJ
M.D.C.R- MIAMI_DADE COUNTY RECORDS
P,B.
-PUT
SOOK
PG.
-PAGE
P.O,C.
-POINT
OF COMMENCEMENTP.O.S.-POINT OF BE6'NN'N6Lt _UNE f 1 (SEE L|NE TABLE)
6494 NIJSON ROAD
MIAMI BEACH, FL 33141
LOT 39
,NDIAN CREEK SUED'WS'ON
P.B. 31, PG. 75, M.D.C.R.
s 81'15',45 w1
*
SO4LE: 1
NOTE:
SEE SHEET I FOR THE LEGAL
DESCR'PIION OF THE SKETCH
CRAPHIC,,.LLY SHOWN HEREON.
LOCATION MAP
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NORIHERLY LINE OF LOT 4OJ
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LOT 40
,ND'AN CREEK SUEDMS'ON
P.B. 31, PC. 75, M.D.C.R.
64E0 AI1TSON ROAD
MtAilt aEACH, FL 33141
P.O.C:
S.E. CORNER OF LOT 39
(N.E CORNER OF LOI 40)
GR/PHtc scAtE
LINE TABLE
LINE BEAR'N6 D/SIANCE
L1 N 08'44'15- W 2.68'u N 65'J7'46" W 15.22'
L3 s 35'47'23' W 1
'.57'L4 N O8'44',15'W 7.13',
t5 N 35'47',23"E 8.1E'.
t6 s 65'37'46" E 13.45'
L7 s 0E44'15' E 5.97'
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229
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