Perpetual Utility Easement Agreement between the CMB and BAI Holdings, LLC 2345 Lake Avenue Miami Beach FL 33140 folio no. 02-3227-010-0140 2 c��� - 33�Zf�
This instrument prepared by/Return to:
Name: Ricardo J. Dopico, City Attorney
Address: Office of the City Attorney
1700 Convention Center Drive, 4"' Floor
Miami 8each, Florida 33139
Folio No. 02-3227-010-0140
(Space reserved for Clerk)
PERPETUAL UTILITY EASEMENT AGREEMENT
THIS GRANT OF A PERPETUAL UTILITY EASEMENT AGREEMENT (the "Agreement")
is made thisZ?,day of ��p7�N3�n , 20�("Effective Date"), between BAI HOLDINGS, LLC,
a Delaware limited liability company, as owner and grantor (hereinafter cafied "Grantor") and its
successors and assigns and the CITY OF MIAMI BEACH, FLORIDA, a municipa{ corporation of
the State of Florida (hereinafter called the "City" or"Grantee"), and its successors and assigns.
WITNESSETH:
WHEREAS, Grantor is the owner of that certain improved real property located within the
City's municipal }urisdiction, with a street address of 2345 Lake Avenue, Miami Beach, Florida
33140-4539, and more particularly described in Exhibit "A", attached hereto and made a part
hereof(the "Grantor's Property"); and
WHEREAS, the City has a five (5) foot wide platted easement located along the west side
of Lot 1, Block 3, of the Plat of SUNSET LAKE EXTENSION, recorded in Plat Book 40, at Page
23, of the Public Records of Miami-Dade County, Florida (the "Platted EasemenY') which grants
the City the right to install storm sewers and drains infrastructure within the P{atted Easement; and
WHEREAS, the City is in need of instaliing new water and sanitary sewer infrastructure
within the Platted Easement Area; however, the language in the Platted Easement does not
specifically reference the category of sanitary sewer or water, and Grantor has agreed to convey
to the City a separate perpetual Easement (as defined in Section 2 below}, which includes water
and sanitary sewer utilities as well as the categories of utilities referenced in the Platted Easement.
NOW THEREFORE, for and in consideration of ten and no/100 dollars ($10.00) and other
good and valuable consideration, the receipt of which is acknowledged,the parties hereby mutually
covenant and agree as follows:
1
GRANT OF EASEMENT
1. Recitals. The above recitals are true and correct and are hereby incorporated into
this Agreement.
2. Consideration and Description. the Grantor, for and in consideration of the City's
Utility Infrastructure, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, hereby grants to the Grantee, a perpetual non-exclusive
easement (the "EasemenY') on, over, and under a portion of Grantor's Property, as such property
is more specifically described and delineated in Exhibit "B," attached hereto and made a part
hereof(the "Easement Area") to access, construct, operate, maintain, and upgrade water, sanitary
sewer, and storm sewer underground utility infrastructures within the Easement Area (collectively,
the"City's Utility Infrastructure"), together with the right of ingress, egress and regress on, over and
through Grantor's Property for access to the Easement Area.
3. Uses.
3.1 The Grantee shall use the Easement and the Easement Area during the Term
provided herein for the express purposes provided in Section 2 hereof, which will include, without
limitation, use of the Easement Area to perform work in connection with the construction,
installation, operation, maintenance, and repair of the City's Utility Infrastructure. Grantee has the
right, with a minimum of 24 hours notice to Grantor, to enter the Property to utilize the Easement
Area.
3.2 The Grantor shall have the right to full use and enjoyment of Grantor's Property,
except for such use as may interfere with the exercise by the Grantee of the rights granted under
this Agreement. Grantor shall be prohibited from obstructing Grantee's access to, or use of, the
Easement Area. Grantor shall not construct, or permit to be constructed, any structure or
improvement, or otherwise encroach on or over the Easement Area.
4. Inspection. It is hereby agreed that any City official has the right, during normal
business hours, to enter and investigate the use of the Grantor's Property to verify compliance with
the conditions of this Agreement and the requirements of the City's Building, Public Works, Zoning
and Land Development Regulations.
5. Term. 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,
unless modified or released with the approval and act of the City Commission.
6. Maintenance. At all times during the Term, the City's Utility Infrastructure shall
remain property of the Grantee and Grantee, at its sole cost and expense, shall maintain the City's
Utility Infrastructure and shall make all repairs as deemed necessary by Grantee, in its reasonable
discretion; provided, however, that Grantor shall be responsible for reimbursing Grantee for any
damage caused by Grantor, its officers, employees, contractors, agents and invitees. In the event
the City is required to access the City's Utility Infrastructure pursuant to this Agreement, the City
will use reasonable efforts to avoid any damage to existing structures on the Property; however,
the City shall not be liable for any unavoidable damage. Grantor shall be responsible for
reimbursing the City for the removal or replacement of decorative features, such as, without
limitation, pavers, lighting, or landscape (other than sod/grass) to existing conditions. At the City's
option, Grantor shall be responsible for removing decorative features prior to work being perFormed
by the City in the Easement Area. Upon completion of the City's work, the City shall restore the
2
�
Easement Area and surrounding affected areas solely with sod/grass, as applicable, and Grantor
will be responsible for replacing any other pre-existing decorative features.
7. Notices. All notices, requests, consents and other communications required
or permitted under this Agreement shall be in writing and sha►I be (as elected by the person giving
such notice) hand-delivered by messenger or courier service; or mailed (airmail, if international)
by registered or certified mail (postage prepaid), return receipt requested; or sent by any form of
overnight mail service, addressed to:
AS TO GRANTOR: BAI Holdings, LLC
2345 Lake Avenue
Miami Beach, Florida 33140
AS TO GRANTEE: City of Miami Beach, Florida
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
Attention: City Manager
WITH COPIES TO: City of Miami Beach, Florida
1700 Convention Center Drive, 4�h Floor
Miami Beach, FL 33139
Attention: City Attorney
or to such other address as any party may designate by notice complying with the terms of this
Section. Each such notice shall be deemed delivered: (i) on the date delivered if by personal
delivery; (ii) on the date upon which the return receipt is signed or delivery is refused or the notice
is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (iii)
on the day after mailing by any form of overnight mail service.
8. Miscellaneous Terms and Conditions
8.1 Sovereiqn Immunitv. Nothing contained herein shall be construed as a waiver of
Grantee's Right of sovereign immunity.
8.2 Construction. For purposes of construction by a Court, the parties hereto
acknowledge that both parties hereto participated in the drafting of this document.
8.3 Citv's Governmental CapacitVlNo Waiver of City Police Powers. Grantor confirms
that it has full power and authority to grant this Easement. Nothing in this Agreement or in the
parties' acts or omissions in connection herewith shall be deemed in any manner to waive,
impair, limit, or otherwise affect the authority of the Grantee in the discharge of its police or
governmental powers.
8.4 Remedies. An action to enforce the terms and conditions of this 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 Agreement or provisions of the Building Code, City Code,
Zoning or Land Development Regulations, either to restrain violations or to recover damages.
8.5 Successors and Assiqns. This Agreement shail be binding upon, and inure to the
benefit of, Grantor and Grantee and their respective successors and assigns.
3
8.6 Entire Aqreement Modifications. This Agreement sets forth the entire agreement
between the parties specificaily relating to the subject matter of the Easement granted hereby and
there are no other agreements or understandings between them relating to Grantee's use of the
Easement Area. This Agreement may not be modified, released or terminated, except by
agreement in writing executed by the parties hereto or their respective successors and/or assigns,
and in the case of Grantee, approved by the Mayor and City Commission of the City of Miami
Beach.
8.7 Governinq Law/Waiver of Jury Trial. This 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. CITY AND OWNER HEREBY KNOWINGLY AND
INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING
THAT THE CITY AND OWNER MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER
WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS DECLARATION.
8.8 Grantar Representations. Grantor covenants, warrants and represents (i) that
Grantor is the fee simple owner of Grantor's Property and has the right title and capacity to grant
the perpetual Easement granted herein, and (ii) there are no lienholders on the Grantor's Property.
8.9 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 Grantor's Property.
8.10 Recordinq. This Agreement shall be recorded in the Public Records of Miami-Dade
County, Florida by Grantee at the cost of Grantee.
TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever, and
Grantor will defend the title to Grantor's Property against the lawful claims of all persons
whomsoever.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
4
IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in
its name on the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
-�`�� BAI HOLDINGS, LLC, a Delaware
Signature limited liability company
L�cc�> � �--� ta $y� �
Name: .M.�Ic ,�}.�u�Sr�
Print Name Title: r�r-e� ,cic.�t— �
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STATE OF FtAR+9�4 )
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COUNTY OF Nlt��� )
The forgoing instrument was acknowledged before me by means of �physical
preser�ce or _ online notarization this �.__ day of ��,�.. 201� by
��f-'•-�--�.._�� _
�/,j[_� � �(�1td(�� , as Authorized Signatory of BAI HOLDINGS, LLC, a Dalaware limited
liability company, on behalf of said corporation, who is personally known to me or produced
(.�Ql��''! �v�?�(fe _as identification.
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Print Name:�D�l�_���-�rU�v�'
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Notary Pubficj State of=�
My Commission Expires: �� .�� �aQa� [NOTARIAL SEAL]
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CALIFORNIA ACi(NOWLEDGMENT CIVIL CODE § 1189
<�z��aa�.��:��?o�cs,�z��i������za�o-�__ �3�t��s�?�������sf�<�,��r��{r��=�s�;.y��,.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of � }
On �lj�L__��-- before m�W�'��r�l�/l.�i�I'�-1,'"'^��"`7 1'U�+�J�(,/ ,
Date A , �� Here Inserf Name and Title of the O�cer
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CName(s)of Signer(s)
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
i laws of the State of California that the foregoing
ara ra h is true and correct.
v...„w rti- COLLEEN STpR�uNS P 9 P
� Notary Public-Gliforni�
�'s OnnqeCounry � WITNESS my hand and official seal.
Commission N 2505327
�My Comm,Expires Dec 11,201t+
Signatur _�o �
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Docu ,e,n,,,t,Il
Title or Type of Document: _��iV(X� (,����Y�
Document Date:�f'� ��D ���� Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Titie(s): ❑ Corporate Officer — Title(s):
❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General
❑ Individuai ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee o Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: o Other:
Signer is Representing: Signer is Representing:
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�02019 National Notary Association
IN WITNESS WHEREOF, the Grantee herein has caused these presents to be
executed in its name on the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
C� { " "�i�r
.., _
CITY OF MIAMI BEACH, FLORIDA, a
ignature municipal corporation of the State of
�E�'UA�� sl�(�A Florida �
Print Name By: ) ,,
Name: Eric T. Car nter
Address: 1700 Convention Center Title: __C_ity Manager
Drive, Miami Beach, FL 33139 Address: 1700 Convention Center Dr.
, Miami Beach, Florida 33139
J�.j` �_ ,:
ATTEST:
Si ure
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Signature
Print Name
Rafael E. Granado, City Clerk
Address: 1700 Convention Center Print Name
Drive, Miami Beach, FL 33139
Address: 1700 Convention Center Dr.
Miami Beach, Florida 33139 =\PM!`B.Eq�;,,,,
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STATE OF FLORIDA '�`` �^`'
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COUNTY OF MIAMI-DADE )
The forgoing instrument was acknowledged before me by means of � physical
presence or _ online notarization this�Z'�day of 2025, by Eric T. Carpenter, as
City Manager, and Rafael E. Granado, as City Clerk, of the CITY OF MIAMI BEACH, FLORIDA,
a munici al corporation of the State of Florida, on behalf of said municipai corporation, who is
ersonally known me or produced as identification.
Print Name: � �pc., ,
Notary Public, State of Florida
My Commission Expires: [NOTARIAL SEAL]
Notary Public Sbte of Flo�fda
6 Reqis Barbou
'�`� My Commi�slon HH 6l341S
Expi�es 613o/20Z9
Exhibit"A"
Grantor's Property
LOT 1, BLOCK 3, OF SUNSET LAKE EXTENSION, ACCORDING TO THE
PLAT THEREOF,AS RECORDED IN PLAT BOOK 40, AT PAGE 23,OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
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Exhibit"B"
Easement Area
(Sketch and Accompanying Legal Description)
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SKETCH TO ACCOMPANY LEGAL DESCRIPTION
THIS DOCUMENT CONTAINS 3 SHEETS AND SHALL NOT BE CONSIDERED FULL AND COMPLETE WITHOUT THE
SURVEYOR'S NOTES AND CERTIFICATE(SHEET 1), LEGAL DESCRIPTION(SHEET 2),SKETCH(SHEET 3)
EASEMENT "C"
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LOCATION SKETCH
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� SURVEYOR'S NOTES:
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m Surveyors Notes:
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�, ) This s not a Survey.
a 2.) Bearmgs as shown hereon are referenced to West Line of Lot I , Block 3, of sa�d Sunset Lake Extens�on(P.B. 40 PG. 23),
' which is assumed to bear N00°00'00"E.
� 3.) "Sketch to Accompany Legal Descnption"documents contams 3 sheets and is not full and complete w�thout ali sheets.
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`� 4.) Northmg and Eastmg coordmates are relative to the North American Datum of I 983-201 I ad�ustment
g (NAD 83/20 I I) and �s relative to the Florida State Plane Coordinate System East Zone.
� 5.) The purpose of this"Sketch to Accompany Legal Description"is to prepare an easement for utility purposes.
�. 6.) This"Sketch to Accompany Legal Descnption" �s not valid without the s�gnature and authorized Seal of the
a Surveyor as per FS 5J-I 7-062.
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� 7.) No Title Report or Opmion of Title has been ordered or prepared for the sub�ect area(s) nor has the signmg
� Surveyor or his subordmates performed any type of research of the publ�c records.
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'_, SURVEYOR'S CERTIFICATE:
:
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,� I 11EREBY CERTIFY ?hat th�s"Sketch to Accompany Legal Desenpt�on" �s true and correct to the best of my knowledge and
o behef, it was prepared under my direction and meets the Standards of Practice as set forth by the Florida Board of
�' Professional Surveyors and Mappers m Chapter 5J-I 7 Florida Admmistrat�ve Code, pursuant to Section 472.027 Flor�da
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Statutes.
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� Ed u a rd o Digitally signed by
� Eduardo M Suarez
� Date:2025.04.22
V� � M S U a rCZ 09:55:08-04'00'
nou.i�
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m ,�^,������ EDUARDO M. SUAREZ, PSM
E 5 Professional Surveyor ond Mapper
� THE SKETCH IS NOT A SURVEY ��"'°'S""`�°FF stote of Florida Reg. No.6313
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j I MIAMI, FL SS155. SUITE 705 � - . ---
a PHONE�3o5�463-09�2 � �� - EASEMENT PAGElOF3
BRIAN T BELLINO,PSM
WWW.LONGITUDESURVEYORS.COM F�oRionucENseans�a
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
THIS DOCUMENT CONTAINS 3 SHEETS AND SHALL NOT BE CONSIDERD FULL AND COMPLETE WITHOUT THE
SURVEYORS NOTE AND CERTIFICATE(SHEET 1), LEGAL DESCRIPTION(SHEET 2),SKETCH(SHEET 3)
EASEMENT "C"
LEGAL DESCRIPTION:
Being an Easement 5 feet in width lying m "Sunset Lake Extens�on", accordmg to the Plat thereof as recorded �n Plat Book
40, Page 23 as recorded m the Public Record of Maim�-Dade County, Florida also lymg in a port�on of Section 27,
Townsh�p 53 south, Range 42 East, Gty of M�am� Beach, M�am�-Dade County, Flonda sa�d Easement be more part�cularly
descr�bed as follows:
Bemg the Westerly 5.00 feet of Lot I , Block 3, of said "Sunset Lake Extension" accordmg to the Plat thereof as recorded
m Pubhc records of Miami-Dade County Florida.
Containing I,000 Square Feet more of less.
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1'�W�/'�.L�N�iIT�J�E$lJf��1EY�(�$.C�M FLORIOALICENSEit4973
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
THIS DOCUMENT CONTAINS 3 SHEETS AND SHALL NOT BE CONSIDERD FULL ANO COMPLETE WITHOUT THE
SURVEYORS NOTE AND CERTIFICATE(SHEET 1),LEGAL DESCRIPTION(SHEET 2),SKETCH(SHEET 3)
EASEMENT "C" — —
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SUNSET LAKE
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a � PHONE(305)463-0912 EAS E M E N T PAGE 3 OF 3
BRIAN T BELLINO,PSM
WWW.LONGITUDESURVEYORS.COM F�oaionuceNsena9�a
R�so�u�rioN No. 202�-33s2s
A RESOLUTtON OF THE MAYOR AND CITY COMMISSION OF THE CITY O�
MIAM) BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECU7E, IN THE FORM ATTACHED TO
THIS RESOLUTION AS EXHIBIT "A", AN UNDERGROUND PERPETUAL
UTILITY EASEMENT, BY AND BETWEEN THE ClTY (GRANTEE) AND BAY
HOLDWGS, LLC (GRANTOR), FOR USE BY THE CITY OF AN EASEMENT
AREA ON A PORTION OF THE PROPERTY LOCATED AT 2345 LAK�AVENUE,
LYING ALONG THE WESTERLY 5 FEET OF LOT 1, BLUCK 3, OF "SUNSET
LAKE EX7ENSION", ACCORUING TO THE PLAT THEREOF, AS RECORDED
IN PIAT 64UK 40, PAGE 23, UF 7HE PUBLIC RECORDS OF MtAMI-DADE
COUNTY, FLORIDA, CONTAINING APPROXIMATELY 1000 SQUARE FEET
(EASEMEN7 AREA),TO CONSTRUCT,OPERATE, MAINTAIN,AND UPGRADE
WATER, 5ANITARY SEWER,AND STORM SEWER UNDERGROUND UTILITY
INFRASTRUCTURES WITHIN 7'HE EASEMENT AREA.
WHEREAS, Bai Holdings, LLC, a Delaware limited liability company ("Grantor"), is the
owner of the properry located at 2345 Lake Avenue, Miami Beach, with�n the City's municipal
jurisdiction; and
WHEREAS, the City has a five (5)foot wide easement located along the west side of Lot
1, Block 3, of the Plat of SUNSET LAKE EXTENSION, recorded in Plat Book 40, at Page 23, of
the Public Records of Miami-Dade County, Florida(the"Piatted EasemenY')which grants the City
the right to instatl storm sewers and drains infrastructure within the Platted Easement; and
WHEREAS, the City is in need of installing new water and sanitary sewer infrastructure
within the Platted Easement; however, the language in the Platted Easement does not specifically
reference the category of sanitary sewer or water; and
WHEREAS, the Grantor has agreed to convey to ihe City a separate perpetual. non-
exclusive utility easement, within the same area as the Platted Easement, which �ncludes water
and sanitary sewer utilities as well as the categories of utilities referenced in the Platted
Easement: and
WHEREAS, the City Manager recommends that the Mayor and Cfty Commission approve
and authorize the execution of the underground, non-exclusive Perpetual Utility Easement
Agreement, in the form 8ttached to this Resolution as Exhibit"A", so that the City may execute its
water and sanitary sewer infrastructure project.
NOW, THEREI=ORE BE IT DULY RESOLVED BY THE MAYOR ANQ CITY
COMMISSION OF THE C17Y OF MIAMt BEACN,FLORIDA,that the Mayor and City Commission
hereby, approve and authorize the City Manager and City Clerk to execute, in the form attached
to this Resolution as Exhibit"A", an underground Perpetual Utility Easement, by and between the
City (Grantee) and Bay Hofdings, LLC (Grantor), for use by the City of an easement area on a
portion of the property located at 2345 lake avenue, lying along the westerly 5 feet a(Lot 1, Block
3, of"Sunset Lake Extension", according to the Plat thereof, as recorded in Plat Sook 40, Page
23, of the Public Records of Miami-Dade County, Florida, containing approximatefy 1000 square
feet (Easement Area), to construct, operate, maintair�, and upgrade water, sanitary sewer, and
storm sewer underground utility infrastructures within the Easement Area.
PASSED and ADOPTED this a3_._day of �u I _�W 2025.
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�t� ; �"= >�;7 ` Steven Memer, Mayor
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Rafael E� Granado, City Clerk ���3�. ,
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APPf�UVE�AS TO
FORM & IANGUAGE
&fqC2 EXECUTION
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city i ttorney � Oote
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City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139,www.miamibeachfl.gov
PUBLIC WORKS DEPARTMENT
Tel:305.673.7080, Fax:305.673.7028
MEMORANDUM
ro: Eric Carpenter, City Manager
FROM: John Norris, Public Works Director '
�ATE: 9/19/2025 A(��(2
_`
Sua�ECT: 2345 Lake Ave Easement Agreement
Dear Mr. Carpenter,
I am writing to respectfully request that the attached document be signed at your earliest
convenience so that it can be recorded with the county. The attached document pertains to
a modification of an existing easement at 2345 Lake Ave on Sunset Island III. This
easement modification was approved by the city commission on July 2, 2025, under
Resolution - C7 S.
The contractor has been progressing with other construction tasks but will require the
recorded easement to proceed further. To prevent construction delays, it is imperative that
the easement be recorded before commencing this specific construction task.
Thank you very much for your prompt attention to this matter.
Sincere{y,
John Norris
we are committed to providing excellent pub(ic service and safety to all who live,work,and p�ay in our vibrant,tropical,
historiC community.
Resolutions - C7 S
M I A l�/� l B E AC �i
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: July 23, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE, IN THE FORM ATTACHED TO THIS
RESOLUTION AS EXHIBIT "A", AN UNDERGROUND PERPETUAL UTILITY
EASEMENT, BY AND BETWEEN THE CITY (GRANTEE) AND BAY HOLDINGS,
LLC (GRANTOR), FOR USE BY THE CITY OF AN EASEMENT AREA ON A
PORTION OF THE PROPERTY LOCATED AT 2345 LAKE AVENUE, LYING
ALONG THE WESTERLY 5 FEET OF LOT 1, BLOCK 3, OF "SUNSET LAKE
EXTENSION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 40, PAGE 23, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, CONTAINING APPROXIMATELY 1000 SQUARE FEET (EASEMENT
AREA), TO CONSTRUCT, OPERATE, MAINTAIN, AND UPGRADE WATER,
SANITARY SEWER, AND STORM SEWER UNDERGROUND UTILITY
INFRASTRUCTURES WITHIN THE EASEMENT AREA.
RECOMMENDATION
The Administration recammends appraving the Resolution.
BACKGROUND/HISTORY
BAY HOLDINGS, LLC, a Delaware limited liability company ("Grantor"), is the owner of the
property located at 2345 Lake Avenue, Miami Beach, within the City's municipal jurisdiction.
The City has a five (5) foot wide easement located along the west side of Lot 1, Block 3, of the
Plat of SUNSET LAKE EXTENSION, recorded in Plat Book 40, at Page 23, of the Public Recards
of Miami-Dade County, Florida (the "Platted Easement") which grants the City the right to install
storm sewers and drains infrastructure within the Platted Easement.
The City is in need of installing new water and sanitary sewer infrastructure within the Platted
Easement; however, the ianguage in the Platted Easement does not specifically reference the
category of water and sanitary sewer. The Grantor has agreed to convey to the City a separate
perpetual, non-exclusive utility easement, which includes water and sanitary sewer utilities as well
as the categaries of utilities referenced in the Platted Easement.
FISCAL IMPACT STATEMENT
No fiscal impact
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE)was published on:
See BIE at: https�/lwww miamibeachff qov/citv-halllcitY-clerk/meetinq-notices/
CONCLUSION
The City Manager recommends that the Mayor and City Commission approve and authorize the
execution of the Perpetual Utility Easement Agreement, in the form attached to the Resolution as
Exhibit "A", so that the City may execute its water and sanitary sewer infrastructure project.
Applicable Area
South Beach
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
pursuant to Citv Code Section 2-17? Project?
Yes No
Was this Aqenda Item initiallv requested bv a lobbvist which as defined in Code Sec. 2-481,
includes a principal enqaqed in lobbvinq? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Public Works
Sponsor(s)
Co-sponsor(s)
Condensed Title
Execute Easement, 2345 Lake Avenue. PW
Previous Action (For Citv Clerk Use Only)