HomeMy WebLinkAbout20 Release & Modification of Ag
.
.i.
,,,-
'..
"
B
.. .
..
..
PREPARED BY AND RETURN TO:
Thomas V. Eagln. P.A.
Steel Hector & Davis LLP
200 South Rise.yne Boulevard
suU. 4000
Miami. Florida 33131
RELEASE AND MODIFICATION OF EASEMENT AGREEMENT
Know All Men By These Presents That:
WEST SIDE P ARTNERS, LTD., a Florida limited partnership, and YACHT CLUB AT
PORTOFINO, LTD., a Florida limited partnership (collectively, "Grantor") as the owner of that
certain parcel of real property known as ssm South and more particularly described on Exhibit
A. attached hereto and made a part hereof ("SSm South") and the CITY OF MIAMI BEACH,
FLORIDA, a Florida municipal corporation ("Grantee") as the parties to that certain Grant of
Access Easement dated as of the 10th day of January, 1996, and recorded on the 29th day of
January, 1996, in Official Records BookI7077, at Page 1245, of the public records of Miami-
Dade County, Florida (the "Access Easement") for good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, hereby agree as follows:
1. The Grantee does hereby forever fully release, terminate, cancel, and discharge
those certain easements and all other rights of Grantee and with respect to the "Pedestrian
Passage Easement Parcel" and the "Southern Access Easement Parcel" as such easement parcels
are described and provided for in the Access Easement; and
2. The Grantee and the Grantor hereby forever modify the location and legal
. description of the "Northern Access Easement Parcel" from the 23 foot wide strip ofland
described in the Access Easement to a 32 foot wide strip ofland as more particularly described in
Exhibit B attached hereto and a part hereof.
IN '\;fJ:~~ ~REOF, the Grantor and the Grantee have caused these presents to
be duly executl~~...:rday of ~ 1 ~fi'lt,
Signed, sealed and delivered in the
presence of:
CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation
~
~,
Name: Nel!bJ O.It;;,~n
Title: m~
Address: / () {JntmlTH? fat;, (hili
(h/t'ml t!Jerr:JJ, {I 3"13~
By:
a
F
& FOR EXECUTION
<:,'W'O"CI".___'_I._
1f!,~ ~1
Mff@J
Sent by: STEARNS WEAVER
305 789 3395;
04/~.1/99 1 1 :47AM;~~495;~~~e 4/8
".......",,,;,,,' -":--"",' .,:.".;';'"
SIGNA TUAR AND ACKNOWLEDGMENT
Signed, sealed and deli veml
in the presence of:. ..
~
Print Name: c"'k!)nlter A'LjCS
YACHT CLUB AT PORTOFlNO, LTD.,
II Florida limited partnership
J'YI(JJJ~
Print Name: . ..... G~kP-
By: TRG.YCP, LTD., a Florida
limited partnership, General
Partner
By:
By:
Roberto S. Rocha,Vice President
STATEOFFLORIDA )
)88:
COUNTY OF MIAMI-DADE ) rd
The foregoing instrument WIlS acknowledged before me this ~ day of April, ! 999 by
Roberto S. R()cha, as Vice President of TRO-VCP,Inc., a Florida corporation,Oenml Partner of
TRG. YCP. Ltd., a Florida limited pattnership, on behalf of the corporation and as an act of the
partnership, /
Personally Known .' OR Produced Identification
Type of Identificatioo. Produced
oilos .
Stamp Name: r;u2JU3F h 2w/l-
No . blic, Stale of Florida at large
CommiSsion No,;
My Commission Ex.pires:
6.s .
('I;\W.flM^\1oW\H,ooo.YCPmO
ELlZABETHZEVALLOS
NOl'ARY PUBUC STATE OF JILC:JlIDf\
COMMJS~" . '0. CCG11rBl
MY co'" . 'EPr 1
Siined, sealed and delivered in the
presence of:
WEST SIDE PARlNERS, LTD., a Florida limited
partnership
By: WE SIDE PARlNERS, INC., a Florida corporation,
General P
Signed, scaled and delivered in the
presence of:
Print Name:
Print Name:
C~'-"'-'t\....Lll t' ......
"'fnc:mea ~
Pr€D\ c':eu.J-
-,
partnership SIGNATURE & ACKNOWLEDGE
By: PORTOFINO YACHT CLUB, INC.;:lN
a Florida corporation, General er
PAGI
By:
Name:
STATEOFFLORIDA )
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged
beforemethisZL~yof J.-(4Af ,199Lby
IJu~O.Jc.sJ"AJas H'for- of City of
Miami Beach, Florida, a municipal corporation, on
behalf of the municipal corporation. HeI__
personally appeared before me, is personally known
to me or produced as
identification.
~ ,iha........Ile....J.f.-"" ~
Print Narne: l";' I i If';> ?J" 411 ~I""P
.
Notary Public, State of Florida
Commission Number: Ct.73~37?7--
Commission Expires: f./- 7A - Uio"'Z..-...-
(Notarial Seal)
OFFICIAL NOTARY SEAL
lJLLIAN BEAUCHAMP
NOrARY PUBUC STATE OF FLORIDA
COMMISSION NO, CC738372
MY COMMISSION EXP, APR. 29,2002
+
,
.-
.
Notary Public, State of Florida
Commission Nwnber:
Commission Expires:
(Notarial Seal)
STATE OF FLORIDA
)
)
)
.
COUNTY OF MIAMI-DADE
The ~egOing instrument was acknowle~~d before me this .it! day of Rpn! ,
199..i. by 1fll&:J lttrner , as {k/Ju{ , of West Side Partners, Inc., a
Florida corporation, General Partner of We~ Side Partners, Ltd., a Florida limited partnership. on
behalf of the corporation and partnership. ge/she personally appeared before e, is perRonaHy
known to me or produced as identification.
OFFICIAL NafARY SEAL
STEVEN M HELFMAN
NafARY I'UBUC STATE OF FLORIDA
COMMISSION NO, CC726651
MY COMMISSION EXP, APR. 14
Print
Notary Public, State of Florida
Commission Nwnber:
Commission Expires:
(Notarial Seal)
)
)
AMI-DADE )
The foregoing I ent was acknowledged before me this _ day of
199-, by , as . of Porto fino Yacht Club, Inc., a
Florida corporation, General Partn f Yacht Club at Porto fino, Ltd.., a Florida limited
partnership, on behalf of the corporation d partnership. He/she personally appeared before me,
is personally known to me or produced as identification.
Print Name:
Notary Public, State of Florida
Commission Nwnber:
Commission Expires:
(Notarial Seal)
ACKNOWLEDGEMENT ON SEPERATE PAGE
e'.,DOCI'L.,...-.....
r - 1_
)<
<
CONSENT AND SUBORDINATION
The undersigned, CITY NATIONAL BANK OF FLORIDA, a national banking
association, as the holder of that certain Mortgage recorded in Official Records
Book 17913 , Page 2522, of the Public Records of Miami-Dade County,
Florida, which encumbers a portion of SSDI South, hereby consents to the
execution and recordation of the foregoing Release and Modification of
Easement Agreement.
CITY NATIONAL BANK OF FLORIDA,
a national bankin2 cornoration
~
"'} Title:
_~-t~~,~~ -~
Name: GLcfGlo... f>e.la-e.....-C~O<JL{'
By:~ /7 ~G
r '
tl?Kff// Il. S"77Z~L
Name:
[J/,tJ
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE)
. s ac n9/wledged before me .this ~ day of
Apnl, 1999, by u ,a;:;.r,-:..-::-..:..-/ 7 !Zt'L J!2!Y. of
CITY NATIONAL BANK F FLORIDA, national ~sociatlon, on behalf
of the bank.. He/she personally appeared before me,.is personally known to me __
or produced as identification.
[Notarial Seal]
o"~'V ~""t. Ella A, Rod~Quez
~ ~"COMMISSlONN"CC666410
;. ,: EXP, JUNE 15.2001
~ ,p BONDED THRU
0, ,,0 WESTERN SURElY CONf'MN
<
CONSENT AND SUBORDINATION
The undersigned, FIRST UNION NATIONAL BANK, a national banking
association, as the holder of that certain Mortgage recorded in Official Records
Book 17626, Page 0445, of the Public Records of Miami-Dade County,
Florida, which encumbers a portion of SSDI South, hereby consents to the
execution and recordation of the foregoing Release and Modification of
Easement Agreement and subordinates the lien of said Mortgage to the Access
Easement as defined therein.
FIRST UNION NATIONAL BANK, '/ /
a Xa61v/f'"/ zSM'i"Aj I'&~/~
~#fZ-
Name: %--e..r G, ~""-
BY:0'~ ~~-_d
NameCZy"/ r~/
Title: leG ~J--c1G11-1-
L~ - ::u.
,
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE)
I'J/;-y The foregoin instrument was acknowledged before &hiS 2:!..lHJay of
Aflril, 1999, by , //7. ,as --1/A:'E ;GS;;$~ of
FIRST UNIO NATIONAL BANK, a national banking asso' . n on behalf of
the bank. He/she personally appeared before me,' ersonall known to or
produced as identification.
[Notarial Seal]
/
Notary: ~ ~r-~
Print Name:
Notary Public, State of
My commission expires:
a...., '"~
:~~
"-':"U~~
"tllf\.09;.
:,1~U'~~Lr'''; prr'lp,'Guez
"~ !""--,"1mf.,:;!o;, ~-"C4610G1
;".,I;Jr!,~'i.\M
B -i~'. ~'i i,-,~I
8OO~-lfj611
."d
OIIl.~ ~Q'. ~o (.
"""' ~p8pUoe ""IlI""
668" 'ga 'unr ~
too'~lv:)OUtll"llUWOOA,., ... ~ ...
Z3non:fOOH VQltNnkfS "''''}',-~~\~
4 l'l.'
" ,.
.
'-
EXHIBIT A
ssm SOUTH
Lots 1 through 14, inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDITION
NO.3, according to the Plat thereof as recorded in Plat Book 2, Page 81, in the Public
Records of Miami-Dade County, Florida, together with the accretions thereto;
ALSO;
That Part of Biscayne Street (also known as Biscayne Avenue) as shown on said Plat of
OCEAN BEACH ADDITION NO.3, lying westerly of the southerly projection of the
west Right of Way line of Jefferson Avenue as shown on said Plat and being bounded on
the west by Biscayne Bay, together with the accretions thereto;
ALSO;
All that part of the North 132.0' of Section 10, Township 54 South, Range 42 East,
described as: Beginning at a point on the Northern boundary of said Section 10, which is
intersected by the Easterly boundary of Jefferson Avenue extended Southerly across
Biscayne Street as a point or place of beginning; thence Southerly continuing the
Easterly boundary of Jefferson Avenue extended for a distance of 132.0' to a point;
thence Westerly 208.1' more or less along a line parallel to and 132.0' Southerly from the
Northern line of said Section 10 to Biscayne Bay; thence Northwesterly meandering the
Bay to the intersection of the Northern line of Section 10; thence Easterly along the
Northern line of Section 10, 285.0' more or less to the point or place of beginning (the
Northerly boundary of said Section 10 being common with the Southerly boundary of
Biscayne Street); Also described as: All of that part of the north 132.0' of Section 10
Township 54 South, Range 42 East, known as Tract A or the Smith Company Bay Front
Tract, more particularly described as follows to wit: Bounded on the North by the
Northern line of said Section 10; bounded on the East by the &l-st line of Jefferson
Avenue extended; bounded on the South by a line parallel to and distant 132.0' South of
the Northern line of said Section 10, and bounded on the West by Biscayne Bay, together
with the accretions thereto.
-
.
EXHIBIT "B"
,..,,-,~-
~ff-
~
rr!J~
/'
(/)
C;;Z
MD
'I;~-+r
qI
/'
/'
/'
~~
\\\
<9-
\~
\\
,
\
f?
"
en
~@
~1-3
'-"(')
o::I:
o
"'%j
/'
/'
/'
//'
..
\
U1
o
:t>
r
rrJ
z
'1
[T)
rrJ
-4
UJ
Den
q
~~
~
~'" ~~~~:i!>:i! >
~~g~,"g!l)~6g~~~!i!
, ~~~~i5"o~~--lg"'--l,"
~ "~~~j~~g)dg~~~
i ~~~~H~~g~l~ii;
I ~z8~~:t::u::u 0;;;;
::u m~'<- i5::u
l> \lgm!i!::~~~"ic~ ~
K t""CI'I~mr-> omom -I
~~do8~""f!?"'OZ;!!::t
~c ......Z::ii'<::iiC,,11ll
~~~~~~~~~~~ ~
g_"iC~"C c'<l!1 "
~~m6 6~~ffi~cslg
8~~~ l!l\l~\lg~ ~
rtl~~(91:~~5i!~~ ~
mmo::u~ O~d>"zt""
-1fEZ~::U(/,lZ....zzi}PO
dOl~(ilI"'"-1::U$ll::ucmw-l
... 8-<!:!!OQlO~2:-'Ui
~"i Op!~m:)o-.)>o-
mt-l""'.....-< %!=l'ZOoz
rri:rm>;;U"TIQ-lC)."OtD
Q>m."'1~5~:i!ffi~:t~g
~O ~~:jl:jrn~:tm~",
o~ ~~~8 mm~Q::
'TIC/) 01= TI ~ ..-\~
)10 mm~m coo
6 I"'"~~'" 0...."
~2-. 'j ffi~
.~~ ~ ~m
--l
~j
~~
il
f?
"
c ~
C
Z ,.
.. r ~~~~ ~
'< " ~
,. ... ~~~i ~ " Iii
" II ~ > ~
~ w is:: !2
r '1 '"
t"l ;;I~ n g
"'.-. Ul ~~~~ .,; ..
,. ~ ~ g
~ c Co ~~ ~
~ ,. ~~ n
~ ".-Z tIl Ul Ul
'" " wit~ M 0 a ~~~ ~ ..
w U 03 r > " c..~ ~
'< , ~a.;j 0 ~ ~ ~~'1 ~
0
L .. fU:t>% == ~lb(;; ~ ~
" , ~ <Cl > 0 I.)
.. w n....~Ul
.. I f'1~ Z 'Vi ~ 'bX~ w
L .. o~ g n ~
0 ..~
W I ;:~~ R> ~ ~
~ \ Q:rO::: .
z - i15 "-l>M 6 6 z
P z-< > z z ~:~ ~
p ....!i5 UJ
w ~ ~ .6
p - Ul .. ~i!!*
'" - ,,'" D x
. '" ,- n ::J ~~!;
'" I
n w ~~~
w
~ ~ c
CD . 0<
'" Z
0 ~~
-4>- rr
-",=,.'"
',"''''~ ~~