97-22610 RESO
RESOLUTION NO. 97-22610
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH ACCEPTING AND
APPROVING THE EXECUTION OF A PERPETUAL
EASEMENT TO THE CITY FROM 200 OCEAN DRIVE LTD.
FOR THE WEST 10 FEET OF THE EAST 15 FEET OF LOTS
7 AND 8, BLOCK 3 OF OCEAN BEACH, FLA, SUBDIVISION,
LOCATED AT 200 OCEAN DRIVE
WHEREAS, the original platted right-of-way on Ocean Drive was forty (40) feet; and
WHEREAS, in 1924/25, in order to widen the street and sidewalk on Ocean Drive, the
City acquired additional rights-of-way from adjacent property owners; and
WHEREAS, due to a multi-story structure located at 200 Ocean Drive, on Lots 7 and 8,
Block 3 of Ocean Beach Fla" a right-of way easement was not acquired; and
WHEREAS, after the demolition of said structure in 1988, the City realigned this portion
of the sidewalk and street on Ocean Drive across Second Street, over fifteen(15) feet of the above
mentioned property, but did not properly acquire the right-of-way by some form of legal
conveyance, dedication, or otherwise; and
WHEREAS, 200 Ocean Drive Ltd" as the current owner of said property at 200 Ocean
Drive, has agreed to grant the City the attached perpetual easement, for the west 10 feet of the east
15 feet of Lots 7 and 8, Block 3 of Ocean Beach, Fla, Subdivision, thereby properly conveying to
the City the afore stated, previously realigned property.
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 approve and accept the attached perpetual easement for the west 10 feet of the
east 15 feet of Lots 7 and 8, Block 3 of Ocean Beach, Fla, Subdivision, located at 200 Ocean Drive,
being granted to the City by 200 Ocean Drive Ltd., for the purpose of installing, laying, constructing,
operating, inspecting, maintaining, repairing, and replacing street, road, roadway, sidewalk,
landscaping and utilities, all for public purposes.
PASSED and ADOPTED this
17th
day of December , 1997,
ATTEST:
~1
APPROVED AS TO
MAYOR FORM & LANGUAGE
& FOR EXECUTION
_(4~\r~f~
CITY CLERK
~(~7
, .
PERPETUAL EASEMENT
THIS EASEMENT is granted this /L day of ;J kl. ~ 1997, by 200 OCEAN DRIVE,
LTD., with an address at 1320 S, Dixie Highway, Suite ~Gables, Florida 33146, Grantor
(hereinafter referred to as Owner) for the benefit of the City of Miami Beach, a municipal
corporation, with an address at 1700 Convention Center Drive, Miami Beach, Florida (hereinafter
referred to as City),
1. Consideration and Description. In consideration of the sum of $1.00 and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Owner hereby grants, sells, and conveys to City, its successors and assigns, an easement and a right-
of-way for the purposes of installing, laying, constructing, operating, inspecting, maintaining,
repairing, and replacing a street, road, roadway, sidewalk, landscaping and utilities, all for public
purposes, hereinafter more particularly designated and described on, in, and over lands owned by
the Owner situate in the County of Dade, known and designated as Lots 7 and 8, Block 3 of OCEAN
BEACH FLA. SUBDIVISION, recorded in Plat Book 2, Page 38, of the Public Records of Dade
County, Florida,
The easement is more particularly described as follows:
The West ten (10) feet of the East fifteen (15) feet of Lots 7 and 8,
Block 3, of OCEAN BEACH FLA. SUBDIVISION, recorded in Plat
Book 2, Page 38 of the Public Records of Dade County, Florida (the
"Easement"), [Note: The East five (5) feet of Lots 7 and 8, Block 3,
of Ocean Beach Fla, Subdivision recorded in Plat Book 2, Page 38,
of the Public Records of Dade County, Florida, was dedicated to the
City of Miami Beach, Florida pursuant to Section 95.361 Florida
Statutes, ]
This Easement shall be perpetual and shall inure to the benefit of and be binding upon, the
successors and assigns of both parties,
2, Term of Easement. The easement and rights granted herein shall be perpetual and
sl;1all be possessed anJ enjoyed by the City, its successors and assigns, for the purposes stated herein,
3, Ingress, Egress, and l\'laintenance. The City, 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 of laying, constructing, operating, inspecting, maintaining,
repairing, and replacing the road, roadway and sidewalk on the Easement.
4, Rights and Restrictions of Owner, Owner shall have the right to full use and
enjoyment of the subject property, including the area within the Easement, except for such use as
may unreasonably interfere with the exercise by the City of the rights granted herein, Owner shall
not construct or permit to be constructed any structure or obstruction on or over or interfering with
the construction, maintenance, or any other aspect of the road, roadway or sidewalk located upon
the Easement and authorized pursuant to this instrument.
lof4
5. Covenant of Owner. Owner covenants that it is the fee simple owner of the premises
(as to the West ten [10] feet of the East fifteen [15] feet) and has the right, title, and capacity to grant
the perpetual easement granted herein, Owner covenants that SECOND STREET CANADIAN
CONSULTANTS, INC, is the sole lienor and holder of a recorded security interest in the subject
property of which the Easement is a part.
6. Effect Upon Subsequent Parties. This Easement Agreement shall inure to the
benefit of and be binding upon the heirs, legal representatives, successors, and assigns of the parties
hereto, as applicable,
In Witness Whereof, the underi.i~ned has ;~~ ~ ~etual easement to be granted by
execution of this instrument as of the ~ day OV~1997,
Owner:
200 OCEAN DRIVE, LTD.,
a Florida Limited Partnership
By:
Scott Greenwald, President
STATE OF FLORIDA)
) SS:
COUNTY OF DADE )'
SUBSCRIBED before me this I )... day of
by Scott Greenwal resident of200 Ocean Drive, G,P, Inc., general p
Ltd., who ( is personally known to me or ( ) duced
identification, and who ( ..)..dfd or ( ) did not take an
,1997
e f 200 Ocean Drive,
as
NOTARY PUBLIC, State of Florida At Large
OFFICIAL NOTA .tAL
GARY L BROWN
NOTARY PUBI..IC STATE OF FLORIDA
COMMISSION NO. CC'\3131S
MY COMMISSIOI'J F.X;> ~.Jnv. 181997
20f4
ACKNOWLEDGED AND ACCEPTED this~day of h~, 1997 by:
Witnesses:
City:
CITY OF MIAMI BEACH
~~d.
Print Name:
Pri'?cle:9. Cg':f-
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
STATE OF FLORIDA)
) SS:
COUNTY OF DADE )
SWORN TO AND SUBSCRIBED before me this Z day of ?/.Im~, 1997
by Jose Garcia-Pedrosa, City Manager of The City of Miami Beach, who tJis personally known
to me or ( ) produced as identification, and who ( ) did or ( ) did not
take an oath,
~~
Attorney
12/'2-.51'7
O",i
~~.
NOT Y PUBLIC, State of Florida At Large
...J......
,.:P.~.,~Jt1r. Ruth AlIbi
[.:'j ':.~ MY COMMISSION' CC624373 EXPIRES
':;~':"~;'l,l April 25, 2001
',).,"y[~:th, ,'- 8OHOED ntAU TAOY FAIN INSURANCE, INC.
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JOINDER OF LIENOR
The undersigned lienor, owner and holder of that certain security interest recorded in Official
Records Book 17639, Page 2627, of the Public Records of Dade County, Florida, hereby consents
to the foregoing grant of perpetual easement and subordinates the lien and effect of its security
interest to said easement.
Lienor:
rint Name: e;,clN<"5 S
~ ~ r)<D{j" . .,
Pri Name: I c""'1 j);)Clt(Z~
CANADIAN CONSULTANTS, INC.
PROVINCE OF CNTARI~
) SS:
)
SWO~ TO AND SUBSCRJl)ED before me this ~y of ~~y, 1997 by
I tl\.Vl[ Ll ~ as l(("e'7~cl~ ofSecondStr~nsultants,
Inc., who V') is personally known to me or e ) produced as
identification, and who evr'did or ( ) did not take an oath.
~J ~/~
NOTARY PUBLIC, ()
print name: LeA>v....o...vd Oc...,...;zJ Koks~
f\atto\sall\Shcila\cascmcnt.agr
40f4
I
CITY OF MIAMI BEACH
;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO, 113 -9 {
TO:
Mayor Neisen Kasdin and
Members of the City Commission
DATE: December 17, 1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A RESOLUTION F THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH TO ACCEPT AND APPROVE THE EXECUTION
OF A PERPETUAL EASEMENT FOR THE WEST 10 FEET OF THE EAST
15 FEET OF LOTS 7. AND 8, BLOCK 3 OF OCEAN BEACH, FLA.
SUBDIVISION LOCATED AT 200 OCEAN DRIVE TO THE CITY BY 200
OCEAN DRIVE LTD.
ADMINISTRA TION RECOMMENDATION:
To approve the Resolution,
BACKGROUND:
Ocean Drive had a 40 feet wide right-of-way in the original 1912 plat of OCEAN BEACH FLA.
SUBDIVISION. In 1924/25 when the City widened Ocean Drive, the east 15 feet of the lots
abutting Ocean Drive to the west were deeded to the City by the property owners, with the exception
of Lots 7 and 8 of Block 3, where a multistory building structure precluded this dedication.
When the building structure at 200 Ocean Drive was demolished in 1988, the City realigned the
sidewalk and pavement fronting this property with the remainder of Ocean Drive, The attached
perpetual easement instrument grants the City an easement for the purpose of installing, laying,
constructing, operating, inspecting, maintaining, repairing, and replacing street, road, roadway,
sidewalk, landscaping and utilities, all for public purposes,
ANALYSIS:
The City needs this easement to maintain the alignment of the sidewalks and pavement on Ocean
Drive at Second Street. The property owner at 200 Ocean Drive will have the full use and enjoyment
of the subject property, including the area within the easement, except for such use as may
unreasonably interfere with the exercise by the City of the rights granted by the easement instrument.
AGENDA ITEM C. -, fS
DATE /2- "=-C1-,
/
CONCLUSION:
The Administration recommends that the Mayor and City Commission accept and approve the
execution of this perpetual easement for the west ten feet of the east fifteen feet of Lots 7 and 8,
Block 3, of OCEAN BEACH FLA. SUBDIVISION, as recorded in Plat Book 2, Page 38 of the
Public Records of Miami Dade County, Florida,
!~!~~~~~o,,"_~
Attachment