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HomeMy WebLinkAboutRelease of Subsurface Rights ;;'OOf.o- d c'"3 7(0 11111111111I1111111I1111I11111I11111111111111 This instrument prepared by and returned to: CFN 2007R0033348 OR Bk 25266 Pss 251~ - 2517; (~p,s) RECORDED 01/10/2007 13:00:22 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA Laura R. Gangemi, Esq. Greenberg Traurig P.A. 1221 Brickell Avenue Miami, Florida 33131 RELEASE OF SUBSURFACE RIGHTS THIS RELEASE OF SU~URFACE RIGHTS (the "Release") is executed and delivered as of the J"'M- day of f1tJIJI{J,~, 2006, by the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, the mailing address of which is 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City"). RECITALS 1. TRG-BLOCK ONE, LTD., a Florida limited partnership ("TRG-Block 1''), is the owner of certain lots and other property legally described on Exhibit "A" attached hereto (the "TRG Property") located within Block 1 of the plat of OCEAN BEACH, FLA, according to the Plat thereof, as recorded in Plat Book 2 at Page 38 of the public records of Miami-Dade County, Florida (the "Plat"). 2. Block 1 of the Plat includes a twenty foot (20') wide alley (the "Alley") that the Plat dedicates to the perpetual use of the public (such dedication is referred to herein as the "Plat Use Dedication"). 3. The portion of the Alley that lies westward of Lots 5 through 8 in Block 1 of the Plat and eastward of Lots 9 through 13 in Block 1 of the Plat has been vacated and the public use rights therein terminated pursuant to Resolution No. 2004-25655. The portion of the Alley that lies westward oflots 1 through 4 in Block 1 of the Plat and eastward of Lots 14 through 17 in Block 1 of the Plat has not been vacated. Such portion of the Alley is referred to herein as the "Open Alley". t 4. TRG-Block 1 intends to build certain subsurface improvements under certain portions of the Open Alley, and. in connection therewith, TRG-Block 1 has requested the City to release and terminate all subsurface rights it has with respect to the Open Alley that are created by virtue of the Plat Use Dedication. 5. The City has agreed pursuant to the terms and conditions of this Release to releafje and terminate all subsurface rights it has with respect to the Open Alley that are created by virtue of the Plat Use Dedication. NOW, THEREFORE, in consideration of the Ten and No/IOO Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City hereby declares and agrees as follows: . 1. reference. The foregoing recitals are true and correct and are incorporated herein by this 2. Subject to and conditioned upon either (a) compliance by TRG-Block 1 with any required conditions of the City and all utility companies with regard to any and all costs and work related to relocation of utility easements within the Open Alley, or (b) receipt by TRG- Block 1 of letters of agreement of no objection by such utility companies, the City releases and terminates all subsurface rights it has with respect to the Open Alley, including without limitation, any subsurface easement rights. Upon the occurrence of either 2. (a) or (b), TRG- Block 1 shall record a statement in the recorder's office of the Clerk of Court of Miami-Dade County, Florida referencing this Release and stating that either (a) or (b) has occurred and submit a copy thereof to the City Clerk. 3. Upon the occurrence of either 2. (a) or (b), and the required recording and submittal provided in paragraph 2, all subsurface rights, including without limitation, any subsurface easement rights, that the City has with respect to the Open Alley, shall be deemed fully and forever canceled, terminated, extinguished, abandoned and held for naught and shall be released to the respective abutting property owners within Block 1 of the Plat. The City's interest in the Open Alley shall remain in full force and effect until the items in 2 above occur, including the statement recorded and copy thereof submitted to the City Clerk. 4. The City reserves all surface rights it has with respect to the Open Alley that are created by virtue of the Plat Use Dedication. TRG-Block 1 shall use reasonable, good faith efforts during the period of construction of the improvements it intends to construct within the Open Alley to minimize the construction dirt and debris on the surface of the Open Alley. After completion of construction of such improvements, TRG-Block 1 shall repair any damage it causes to the surface of the Open Alley. 5. Execution of this Release by the City shall not, in and of itself, be deemed to be an approval by the City to any transfer of floor area or floor area ratio rights within the TRG Property. This Release shall be binding upon the City and its successors and assigns, and shall inure to the benefit of the respective abutting property owners within Block 1 of the Plat and their respective successors and assigns. APPROVED AS TO FORM & LANGUAGE & EXEC ;ION Je f t 1f'J. ~ .::> ~, 'Date STATE OF FLORIDA ) )88: COUNTY OF MIAMI-DADE ) EACH, FLORIDA, . tion I HEREBY CERTIFY that the fore oing ipstrument was acknowledged and executed before this ~ day of A/(JU, 2006, by Jld ?TJflO- Y as Mayor of The City of Miami Beach, a municipal corporation, on behalf of said entity. He/She [check one] _ is personally known to me, or _ has produced e 'de ce of hi . entity satisfactory to me. /, ('1"st): ;(p()~-;l.""1 "1~ STATE OF FLORIDA ) )88: COUNTY OF MIAMI-DADE ) 1 I I HEREBY CERlAFY. that the foregoing instrum~t w;, acknowledged and executed before this I ~ day of I t/. , 2006, by J'( ()b.a....,.+. Y fY, as City Clerk of The City of Miami Beach, a municipal corporation, on behalf of said entity. He/She [check one] t./ls personally known to me, or _ has produced e . d nce 0 s ~entitYSatisfactory to me. - Seal] F:\atto\HELG\1lTIGA TI\Alaska\Block I 2006\TRG Block One Release 0 KERRY HERNANDEz MY COMMI$SION t.DQ FMQ.t_ ~M!mf!p,~, Bcnded Thru NoI8Iy Public Underwriters OR BK 25266 PG 2517 LAST PAGE Property Owned by TRG-Block One Ltd., (the "TRG Property") Lots 1-3,5-13, 17, Block 1, Ocean Beach Florida Subdivision, according to the plat thereof, recorded at Plat Book 2, Page 38, in the Public Records of Miami-Dade County, Florida. Exhibit "A"