HomeMy WebLinkAboutRecorded Release "Easement"
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Prepar.d by and R.lllrn to:
Samu.1 D. Navon. Esq.
Nnon & Lavin, P.A.
1699 Stirling Road, Suit. B-1 00
Fort I.auderdale, FL 33311
CFN 2005R0405753
OR e.k 233(1) F'!5 21)57 - 20'58; 12p9S)
RECORDED O~/22/200'5 10:~2:56
tlARVEY ~-UVHh CLERt; or COU~:T
MIAMI-DADE tOUllTY, FLORIIiA
REL.EASE
This Release" is made and entered into effective as of this I ~ r day of JPIlIL.,2005,
by CITY OF MIAMI BEACH, a political subdivision of the State of Florida ("City"), with a
mailing address of 1700 Convention Center Drive, Miami Beach, Florida 33139, with the joinder
and consent of MIAMI-SAXONY RESIDENTIAL, LLC, a Delaware limited liability company
("Owner").
WIT N E SSE T H:
WHEREAS, on or about May 29, 1927, City was granted an easement recorded in Dced
Book 1355, Page 484, of the Public Records of Miami-Dade County, Florida (the "Easement"), the
intent and purpose of which was to limit the seaward edge of the construction in order to prevent
erosion damage to riparian structures; and
WHEREAS, there is currently an existing structure pennitted to be located upon portions of
the area contemplated by the Easement which are desired to be redeveloped by Owncr pursuant to
approvals, consents and pennits to be issued by the City; and
WHEREAS, subsequent to the granting of the Easement, the U.S. Army Corps of Engineers
nourished the adjacent beach and prior to the nourishment, the project area was sun'eyed and the
mean high water line was located, Pursuant to said survey, the Department of Environmental
Protection ("DEP") created the erosion control line ("ECL"), which was updated in April of 1997,
and the EeL corresponds to the mean high water line prior to the nourishment of the beach and the
pro pert y owner's east property boundary . To that end, Chapter 62 B- 33, 024(4 )(b) ofD EP' s rules and
procedures, establishes a landward limit of major structure construction (the 3D-year erosion
projection) based upon the location of the ECL, the steepness of the beach and the rate of erosion
in the area, and as a result thereof, the intent and purpose of the Easement has been rendered moot
and is no longer necessary; and
WHEREAS, in cormection therewith, Owner desires to release the City of any and all
obligations to construct jetties or groynes, seawalls and/or bulkheads to prevent erosion ofthe land,
all as more particularly set forth and contemplated by the Easement; and
WHEREAS, City is amenable to executing and deliverlng this Release based upon the
establishment of the EeL and conditioned upon the releases by Owner contemplated by the
immediately preceding WHEREAS provision; and
WHEREAS, City has processed the request for the execution and delivery ofthis Release in
accordance with the requirements of the City;
NOW, THEREFORE, for and in consideration ofTen and Noll 00 Dollars($1 0.00) and other
good and valuable consideration, the Easement is hereby released and canceled, ill toto, and is of no
further force or effect.
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LAST PAGE
IN WITNESS WHEREOF, City has duly execut
forth below its signature.
B
lJEIlIl?i7l.
WITNESS:
Date: 4/ /t/,_, 2005
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
The foregoing ins Inlenl was acknowledged before me this / -5 J!I day of ~ 2005.
by da..v-td ~__, as Ihe "'?J-1tu~L- of the Clly of Miami
Beach, a political subdivision of the Stale of Florida, on behalf 0 lhe City. ~he is. personally
~ me or has produced as identification. --
-
~~)W~
L,-!ia;:n /C. I/al;;"'/d
Name of Notal)' typed or'printed
My Conunission Expires:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~!i~'05
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