HomeMy WebLinkAbout2000-23907 RESO
RESOLUTION NO. 2000-23907
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A TERMINATION AND
ABANDONMENT OF EASEMENT BETWEEN WEST DEVELOPMENT,
INC., AS THE OWNER OF THE PROPERTY LOCATED AT 1420-1428
WEST A VENUE, MIAMI BEACH, AND THE CITY, AND FURTHER
ACCEPTING A NEW GRANT OF EASEMENT FROM WEST
DEVELOPMENT, INC., AS THE OWNER OF THE AFORE STATED
PROPERTY, FOR THE INSTALLATION, MAINTENANCE,
CONSTRUCTION AND REPAIR OF SANITARY SEWER AND WATER
LINES; SAID TERMINATION AND GRANT OF EASEMENT,
RESPECTIVELY, SUBJECT TO THE CONDITIONS SET FORTH IN THIS
RESOLUTION.
WHEREAS, West Development, Inc., is the owner of real property located at 1420-1428
West A venue, Miami Beach; and
WHEREAS,West Development and the City are currently parties to an approximately five
(5) foot utility easement line within the rear of the property; and
WHEREAS, on August 17, 1999, West Development obtained Design Review Board
approval to construct a twelve (12) unit five (5) story residential building on the property; and
WHEREAS, consequently, the proposed building site would obstruct the City's current
access over the afore stated easement area; and
WHEREAS, the City and West Development have accordingly negotiated a new Grant of
Easement, attached as Exhibit "A" hereto, providing for a 7.5 foot non-exclusive easement to the
west of the property, to accommodate the relocation of the existing utilities easement, and for the
installation, continued maintenance, construction and repair of sanitary sewer and water lines; and
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 "B" hereto, and accept the new Grant of Easement,
as set forth in Exhibit "A"; 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 herein accept the attached Grant of Easement from West Development, Inc., and
further authorize the Mayor and City Clerk to execute the attached Termination and Abandonment
of Easement, all for the real property located at 1420-1428 West Avenue, Miami Beach; further
providing that the acceptance of the attached Grant of Easement, and the execution of the attached
Termination and Abandonment of Easement, be subject to and contingent upon the following
conditions:
1. Approval by the City's Planning Department of a revised landscape plan conforming
with the Design Review Board Order, dated August 17,1999, and allowing clear
access to the proposed utility easement;
2. Compliance with the required conditions and costs of relocation, as required by any
and all utility companies occupying the existing easement; and
3. Payment to the City of any and all relocation costs and charges for the existing water
and sewer utilities.
PASSED and ADOPTED this 10th day of
May
,2000.
ATTEST:
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CITY CLERK
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MAYOR
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Jo.yPROVED AS TO
fORM & LANGUAGE
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NEW 7.5' EASEMENT-
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1428 WEST A V
LOT 6 - BLK 79B
EXISTING 5' + 5' EASEMENT
TO BE ABANDONED
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14 TH TERRACE
1420 -1428 WEST A VENUE UTILITIES EASEMENT RELOCATION
Attachment # 1 Not to scale
This document preoared by;
H. ALLAN TUCKER. ESQ
5802 Tyler Street
Hollywood. FL 33021
Phone: (954) 981-7171
FJx: (954) 981-81i07
GRANT OF EASEMENT
I~
THIS GRANT OF EASEMENT entered into this <li..day of ~2000 by West
Development, Inc, with an address at 5208 Tyler Street, Hollywood, FL 3302 I (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 Sllccessors and assigns.
I. Grantor is the owner, in fee simple, of the Real Property, commonly known as 1,120-
1~28 West Avenue, Miami Beach, Florida, legally described as follows to wit:
Lots 6 and 7, Block 79-B, a Resubdivision of Blocks 67 and 79, AL TUN.
BEACH REALTY COMPANY'S BAY FRONT SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 16, at Page I of the Public
Records of Miami-Dade County, Florida said parcel of Real Property
described within Exhibit "A" attached hereto and made a part hereof (the
"Easement Area")
2. In consideration of the sum of TEN AND NOli 00 ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged.
the Grantor hereby grants and conveys to the Grantee, over, under and across the
Easement Area, a non-exclusive Easement for the installation, rnaintellnnce.
construction and repair of sanitary sewer and water lines, the costs and expenses
associated with same to be paid by Grantee. The CITY, its employees, contracto:s. 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
J [t is intended that this Easement shall be recorded in the Public Records at" ~lii1mi-
Dade County, florida, and that this Easement shall be constnted and shall be enl\1rced
in accordance with the laws of the State of Florida.
The Easement herein granted shall constitute a covenant running with the pill eel of
Real Property described herein and shall be binding upon and shall inure to the
bC::letit ot" the Grantor and the Grantee, and their respective successor and assigns
4 The rights and benefits of the Grantee under this Easement shall be freely assignable
by the Grantee, in whole or in part.
5. 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-lJade
County, Florida. appropriate documentation to abandon and terminate this e;rallt of
Easement.
6. Grantor covenants that it is the fee simple Owner of the Real Property and h;JS the
right, title. and capacity to grant the Easement granted herein.
it,
[N \\TrNESS WHEREOF, this Grant of Easement has been executed this ))' _d;JV of
,2000
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WITNESS5S
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PrInt NalILe'~=~~__.-fn_-___
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By
Print Name
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Exhibit "A"
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Jhis document oreDared by:
II. M,LAN TUCKER, ESQ.
5ROZ Tyler Streel
Hollywood. FL 33021
Phone: (954) 9RI-7171
r~.x: (954) 9RI-R607
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
,J~
The execution of the foregoing instrument was acknowledged befute me this .)5" day of
flrrr-, \ .2000 by Jo\.<!t ~V-\ , as lJu..:s.~-;- of -+fle. GHY-0F
i\tL\MI QI':t\CH, FLORIDA, who is personally known to me or who produc
~, iclcntification and who clicl not take an onth, nn lJehnlfofthe-~--atTOi1'1
~~~~~U~1"
~..., '~~ Pascal Lasry " -"~ 11JI~!J
"'C':1" '-'/j
*~ *My Comm...ion CC804279
'').",~i' ExpIres January 24,2003'
LsgQ I D~e(..r\ptlon:
A public utility eosement being in a portion of Lots 6 and 7, Block 79-8,
of "A RESUBDIV1SI0N OF BLOCKS 67 AND 79", according to the plat
thereof, as recorded in Plat 800k 16 at Page 1, of the Public Records of
Miami-Dade County, Florida, being more particularly described 08 follows:
1hc South 5.00 feet of Lot 6 and the North 5.00..Aeet of Lot 7, lying and
being in Miami-Dade County, Florida.
Surveyor's C.ertlfi~Qte
I HEREBY CERTIFY: that the LEGAL AND SKETCH of the property described
hereon wos mode under my supervision and that this LEGAL AND SKETCH
meets the Minimum Technical Standards set forth by the FlorIda Board of
Professional Surveyors and Mappers In Chapter 61G17-6. Florkla
Administrative Code, pursuant to Section 472.027. Florida Statutes. And,
that the sketch hereon is true and correct to the best of my Knowledge
and belief. Subject to notes and notations shown hereon.
XW vP,OO Z-ZI-2.000
Pedro L Martinez P .S.M.
Reg. Surve~r and Mapper 15443
Slate of Florida.
NO; V-.LID 'M1l4rui T}(( SIQlA TURf: AND iHE DRlGl'1.Al
I RAISED SEAL (1" A f'LQRIDA UCENSEO SUQ~YOR It \lAPPER.
, . - ,
LEGAL DESCRIPTION
PREP^RED OY: DAiE: 02-21-2000 DRAW: ELF".
REV.: CHECK: P.L.IIl..
PEDRO L ~AAllNEZ UTILITY
SOOG W;:ST 9lh LANE EASEMENT
HIALlEAH, FLORIDA 33012
TEL (305) .362-1127 FAX: (305) 817-8595 SHEET 1 Cr. ;1
i~lam_tng~-.:!!~y _~
Total SO' R/W. I
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NOT v.l.110 IIlTHOJT mE S1~" lURE AIIO "!WE ORIGINAl
RAI~O SEAl (1" A flORDA. uw.se:o SUR\oEYOR 4: WAPPtR.
Y;A;A!fr,l-!"lOOO
SKETCH TO ACCOMPANY LEGAL DESC~~JQN"
DA 1[: 0l-ns-..o20Ql) MAW: ELf.
SCALE: ,. .. 30;'" . CHECK: P.ul.
UTILITY
EASEMENT
PREPARED BY:
PEDRO L MARllNEZ
5600 M:ST 9th LANE
HIAUEAH, FlORIDA 33012
lEL. (305) 302-1127 FAX: (305) 817-8595
SHEET 2 OF 2
~ r 7- 'j q 01
Author: GaryKokorian at C-H-PO
Date: 5/18/01 2:27 PM
Priority: Normal
TO: RobertParcher
CC: MichaelAlvarez
Subject: Resolution No. 2000-23907
As previously discussed, this is to confirm that West Development Inc.
has met the conditions of the above mentioned Resolution inCluding
payment of the relocation costs to the City.
Consequently, the City should execute the Termination and Abandonment
of the Easement which is in exchange for an easement granted by West
Development Inc. to the City, on the west side of the property located
at 1420-1428 West Ave..
111is documcrl.!lliparcd by:
H. ALLAN TUCKER, ESQ.
:i802 Tylcr Slrcct
Hollywood, FL 33021
Phone (\l5~) \llH-7171
Fax: (\l5~) \181-8607
TERMINATION AND A8ANDONMENT OF I<:ASEMENT
This Termination and Abandonment of Easement is entered into this__day of_
2000 by West Development, Inc, with an address at 5208 Tyler Street, Hollywood, FL 33021
(hcreinaticr 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).
WHEREAS, OWNER, is the owner of the Real Property, commonly known as 1420-
1428 West Avenue, Miami Beach, Florida, legally described as follows to wit
Lots 6 and 7, Block 79-B, a Resubdivision of Blocks 67 and 79, ALTON BEACH
REALTY COMPANY'S BAY FRONT SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 16, at Page I of the Public Records of Miami-
Dade County, Florida, and
WHEREAS, an Easement appears on portions of lots 6 and 7, Block 79-B, a
resllbdivision of Blocks 67 and 79, ALTON BEACH REALTY COMPANY'S BAY FRONT
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 16, at Page I of the
Public Records of Miami-Dade County, Florida, the Easement being more particularly described
as follows
The South 5.00 feet of Lot 6 and the North 5.00 feet of Lot 7, Florida Block 79-B,
of a resubdivision of Blocks 67 and 79 according to the Plat thereot: as recorded
in Plat Book 16, at Page 1 of the Public Records of Miami-Dade County, Florida
said easement being specifically described in the survey and sketch of survey attached as Exhibit
"A" and, the CITY may have certain rights to use the easement, 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 NO/JOO ($10.00)
DOLLARS and other good and valuable consideration, the receipt and sutliciency of which are
hereby acknowledged, the CITY agrees as follows:
I. That the above-captioned recitals are incorporated herein by this reterence
2. That the terms, conditions and provisions set forth in the Easement are hereby
terminated, abandoned, and released from the Real Property described above and
shall have no further force and effect.
IN WITNESS WHEREOF, THE CITY has caused these presents to be executed this ~
_____day of _______, 2000.
WITNESSES
CITY OF MIAMI BEACH
Print Name:
By:
Print Name and Title:
Address: 1700 Convention Centre Drive
Miami Beach, FL 33139
APPROVED PS TO
FORM & LANGUAGE
& r-OR EXECUTION
Print Name:
~'tj~{L ")-~'f-oa
mey Dole
Exhibit "B"
1J!!S document prepared !IT..:.
II. ALLAN TUCKER, ESQ.
5X02 Tylcr Strcet
Hollywood, FL 33021
Phone: (954) 9lH-7171
f-'ax: (954) 9Xl-X607
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
The execution of the foregoing instrument was acknowledged before me this _day of
________, 2000 by , as of the CITY OF
MIAMI BEACH, FLORIDA, who is personally known to me or who produced____
as identitication and who did not take an oath, on behalf of the corporation.
NOTARY PUBLIC
-~ -~~- - ~~-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO. 35"5-00
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: May 10,2000
FROM: Lawrence A. Levy ..~
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A TERMINATION AND ABANDONMENT OF
EASEMENT BETWEEN WEST DEVELOPMENT, INC., AS THE OWNER OF THE
PROPERTY LOCATED AT 1420-1428 WEST AVENUE, MIAMI BEACH, AND THE
CITY, AND FURTHER ACCEPTING A NEW GRANT OF EASEMENT FROM WEST
DEVELOPMENT, INC., AS THE OWNER OF THE AFORE STATED PROPERTY, FOR
THE INSTALLATION, MAINTENANCE, CONSTRUCTION AND REPAIR OF
SANITARY SEWER AND WATER LINES; SAID TERMINATION AND GRANT OF
EASEMENT, RESPECTIVELY, SUBJECT TO THE CONDITIONS SET FORTH IN
THE ATTACHED RESOLUTION.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
West Development Inc., owns the two lots located at 1420-1428 West Avenue, legally described as
Lots 6 and 7, Block 79-B, a Resubdivision of Blocks 67 and 79 of Alton Beach Realty Company's Bay
Front Subdivision.
On August 17, 1999, West Development Inc., obtained Design Review Board approval to construct
a 12-unit, 5 story residential building and parking on this property. However, an existing 5 ft utility
easement in the rear of these lots, with existing water, sewer and electric utilities creates an
obstruction in the middle of the proposed development (Attachment #1).
West Development Inc. has proposed to grant the City and the utility companies a 7.5 ft wide, new
utility easement along the west property line to accommodate the relocation of the existing utilities.
The Administration has reviewed the relocation request and the abandonment of the existing easement
together with the terms of the Design Review Board Development Order, and
AGENDA ITEM
CIAA
5-IO-oQ
DATE
recommends that the Mayor and City Commission adopt this Resolution subject to the following
conditions:
1. Approval by the City's Planning Department of a revised landscape plan conforming
with the Design Review Board Order, dated August 17, 1999, and allowing clear access to the
proposed utility easement.
2. Compliance by West Development Inc. with the required conditions and cost of
relocation, required by the Utility Companies occupying the existing easement.
3. Payment by West Development Inc. to the City, of any and all relocation costs and
charges for the existing water and sewer utilities.
W tll/.
LAL/ /MA/VGK
MEMO\ v ACA TE\ WESTI uo. WPD
Attachment