2000-24007 RESO
RESOLUTION NO, 2000-24007
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A RELEASE OF UTILITY EASEMENT
AFFECTING CITY-OWNED PROPERTY, WHICH EASEMENT IS NO
LONGER NECESSARY,
WHEREAS, in 1925 the City was granted a utility easement in the Commercial, Belleview
and Palm View Subdivisions to facilitate the laying of public utilities within such subdivisions,
which easements are recorded in Deed Book 681, Page 137 of the Public Records of Miami-Dade
County, Florida (the "Easement"); and
WHEREAS, the City has acquired fee simple title to certain property within the Palm View
subdivision, and has entered into a development agreement with Lincoln Plaza Partners, LLC, for
the construction of a parking garage and office building (the "Project") on such property, legally
described as Lots 7 through 10, inclusive, and Lots 16 through 20, inclusive, Block 37, Palm View
Subdivision, according to the plat thereof, recorded in Plat Book 6, Page 29, of the Public Records
of Miami-Dade County, Florida (the "Property"); and
WHEREAS, as the City holds fee simple title to the Property, there is no need for the City
to also hold the Easement over the Property, and release of such Easement will facilitate title review
and commercial lending to finance the Project;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT the Mayor and City
Clerk are hereby authorized to execute the release attached to this Resolution releasing the Property
from the Easement, as set forth above.
PASSED and ADOPTED this 26th day of
July
,2000.
ATTEST:
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MAYOR
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CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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ity Attorney Date
F:\A TTO\HELG\Projcctll\RELEASEEASE.RES.wpd
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO, ~'6 b -0 U
DATE: JULY 26, 2000
TO:
MAYOR NEISEN O. KASDIN and
MEMBERS OF THE CITY COM ISS
FROM:
MURRAY H, DUBBIN
CITY ATTORNEY ~
RELEASE OF EASEMENT - LINCOLN PLAZA
SUBJECT:
RECOMMENDATION
Lincoln Plaza Partners, LLC has requested the release of a utility easement on the City-owned
property to be used for the Lincoln Plaza project. We recommend authorizing the execution of the
attached release to accomplish this request.
ANALYSIS
In 1925 the City was granted a utility easement in the Commercial, Belleview and Palm View
Subdivisions to facilitate the laying of public utilities within such subdivisions, which easements are
recorded in Deed Book 681, Page 137 of the Public Records of Miami-Dade County, Florida (the
"Easement").
The City has acquired fee simple title to certain property within the Palm View subdivision, and has
entered into a development agreement with Lincoln Plaza Partners, LLC, for the construction of a
parking garage and office building (the "Project") on such property, legally described as Lots 7
through 10, inclusive, and Lots 16 through 20, inclusive, Block 37, Palm View Subdivision,
according to the plat thereof, recorded in Plat Book 6, Page 29, of the Public Records of Miami-Dade
County, Florida (the "Property").
1700 Convention Center Drive -- Fourth Floor -- N. Date
Agenda Item c.... ., H
I - ?'c:'-OD
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As the City holds fee simple title to the Property, there is no need for the City to also hold the
Easement over the Property, and release of such Easement will facilitate title review and commercial
lending to finance the Project.
It is therefore recommended that the Mayor and Commission adopt this resolution authorizing the
Mayor and City Clerk to execute the release attached to this Resolution releasing the Property from
the Easement, as set forth above.
MHD/GMH/gmh
F:\ATTOIHELGlProjectsIRELEASEEASE2.MEM.wpd
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
RELEASE OF UTILITY EASEMENT
. b the CITY OF MIAMI BEACH,
This Release of Utility. Easement 1S. m~d:nd ~xisting under the laws of the State of
FLORIDA, a municipal corporatlon duly orgall1Ze
Florida (the "City").
RECITALS.
WHEREAS, the City was granted a Utility Easement which w,as recor~ed in ~~~
Book 681, Page 137 of the Public Records of Miami-Dade County, Flonda (the Easeme ),
and
WHEREAS, said Easement affects the property described in Exhibit "A" attached
hereto and made a part hereof (the "Property"); and
WHEREAS, the Easement is no longer required since the City owns the Property; and
WHEREAS, the City wishes to terminate and release the Easement to the extent that it
relates to the Property.
NOW, THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the City hereby
terminates, releases and forever disclaims any rights arising under the Easement to the extent
that the Easement in any way affects, benefits or burdens the Property.
IN WITNESS WHEREOF, the City, intending to be legally bound, has executed this
Release of Utility Easement ,as of the )ttftnay of July, 2000.
WITNESSES:
CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation of the State of
Florida
By:
vI!
Neisen O. Kasdin, Mayor
APPROVED /is TO
fORM & I.ANGUAGE
& FOR EXECUTION
ATTEST:
By: ~)( &A[f.L^---
Robert Pare er, City Clerk
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