2001-24308 RESO
RESOLUTION NO. 2001-24308
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 WORLD SAVINGS BANK,
AS THE OWNER OF THE PROPERTY LOCATED AT 1261 - 20TH
STREET(SUNSET HARBOR DR.) MIAMI BEACH, AND THE CITY, AND
FURTHER ACCEPTING A NEW GRANT OF EASEMENT FROM WORLD
SAVINGS BANK, AS THE OWNER OF THE AFORESTATED PROPERTY,
FOR THE INSTALLATION, MAINTENANCE, CONSTRUCTION AND
REPAIR OF STORM SEWER LINES AND APPURTENANCES; SAID
TERMINATION AND GRANT OF EASEMENT, RESPECTIVELY,
SUBJECT TO THE CONDITIONS SET FORTH IN THIS RESOLUTION.
WHEREAS, World Savings Bank, is the owner of real property located at 1261 - 20th
Street (Sunset Harbor Drive), legally described as Lots 23, 24, 25 and 26, Block IS-A, Island View
Addition; and
WHEREAS, World Savings Bank and the City are currently parties to an approximately
five (5) foot utility easement along the west of Lot 25 and the east of Lot 26; and
WHEREAS, on March 22,1999 World Savings Bank obtained Design Review Board
approval to construct a one story banking facility and drive-thru teller stations on Lots 25 and 26
of this property; and
WHEREAS, consequently, the proposed building would obstruct the City's current access
over the aforestated easement area; and
WHEREAS, the City and World Savings Bank have accordingly negotiated a new Grant
of Easement, attached as Exhibit "A" hereto, providing for a 10 foot non-exclusive easement to the
west of the proposed building, to accommodate the relocation of the existing utilities easement, and
for the installation, continued maintenance, construction and repair of storm sewer lines and
appurtenances; 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 World Savings Bank, and further
authorize the Mayor and City Clerk to execute the attached Termination and Abandonment of
Easement, all for the real property located at 1261 - 20th Street (Sunset Harbor Drive), 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. All costs for engineering and construction work for the relocation of the existing storm
sewer line to the new proposed easement to be paid for by World Savings Bank.
2. All new construction of the storm sewer main to be in accordance with City and
applicable codes and specifications.
PASSED and ADOPTED this 28th day of
March
, 2001.
ATTEST:
~A
~+-R~
CITY CLERK
MAYOR
RJA\kw
F:\WORK\$ALL WGK\COMMEMO\ V ACA TE\ WORLDSA V,WPD
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
, J;1:;:'-'1
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO.~ I
Mayor Neisen O. Kasdin and
Members ofthe City Commission
DATE: March 28, 2001
Jorge M. Gonzalez ~^rK
City Manager .,' \)
A RESOLUTION OF E 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 WORLD SAVINGS BANK,
AS THE OWNER OF THE PROPERTY LOCATED AT 1261 - 20TH
STREET(SUNSET HARBOR DR) MIAMI BEACH, AND THE CITY, AND
FURTHER ACCEPTING A NEW GRANT OF EASEMENT FROM WORLD
SAVINGS BANK, AS THE OWNER OF THE AFORESTATED PROPERTY,
FOR THE INSTALLATION, MAINTENANCE, CONSTRUCTION AND
REPAIR OF STORM SEWER LINES AND APPURTENANCES; SAID
TERMINATION AND GRANT OF EASEMENT, RESPECTIVELY,
SUBJECT TO THE CONDITIONS SET FORTH IN THE ATTACHED
RESOLUTION.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
World Savings Bank, owns the four lots located at 1261 - 20th Street (Sunset Harbor Drive),
legally described as Lots 23,24,25 and 26, Block IS-A, Island View Addition.
On March 22, 1999, World Savings Bank obtained Design Review Board approval to construct
a one story banking facility and drive-thru teller stations on Lots 25 and 26 of this property.
However, when construction of the project started, an existing 18 inch storm sewer pipe running
in the easement on this property was damaged. Further, it was discovered that a 10 ft. utility
easement dedicated to the City that crossed under a section of the proposed building was omitted
by the engineers and surveyors (Attachment #1).
AGENDA ITEM CrT
DATE 3~'28-[)1
Consequently, to clear the proposed building foundations, World Savings Bank has requested that
the City abandon and vacate this existing easement and has proposed to grant the City an equivalent
10 ft, wide easement in an alternative location as described in the attached Exhibit "A".
The Administration has reviewed the easement exchange request and the abandonment of the
existing easement, and recommends that the Mayor and City Commission adopt this Resolution
subject to the following conditions:
1. All costs for engineering and construction work for the relocation of the existing storm
sewer line to the new proposed easement will be paid for by World Savings Bank.
2. All new construction of the storm sewer main will be in accordance with City and
applicable codes and specifications.
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Attachments
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WORLD SAVINGS ANP LOAN
MIAMI BEACH BRANCH
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Grant of Easement
This Grant of Easement entered into this i2~ day of~~2000, by World Savings Bank, FSB,
with its address at: Vice President--Corporate Properties, 1901 Harrison Street, Oakland, CA 94612
(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 successors and assigns.
I. Grantor is the owner, in fee simple, of the Real Property legally described as:
Lots 25 and 26, both of Block l5A, Island View Addition, as per Plat recorded in Plat Book
No, 9, Page 144, of the Public Records of Dade County, Florida
2. In consideration of the sum of ONE and nollOO ($1.00) DOLLAR and other good and
valuable consideration, the receipt and sutliciency of which is hereby acknowledged, the
Grantor hereby grants and conveys to the Grantee, over, under and across the Easement Area,
more tully described in Exhibit A, a non-exclusive Easement for the installation,
maintenance, construction and repair of a storm drain system, the costs and expenses
associated with same to be paid by Grantee. The City of Miami Beach, its employees,
contractors, 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,
3. Grantee, its successors and assigns, agree to indemnify and hold Grantor, its successors and
assigns, harmless from any and all liability, loss and against all claims or actions based upon
or arising out of damage or injury (including death) to person(s) or property that Grantor, its
successors and assigns may suffer as a result of claims, demands, costs, or judgments against
it arising from Grantee's, its successors' and assigns' installation, use and maintenance of the
Easement.
4. It is intended that this Easement shall be recorded in the Public Records of Miami-Dade
County, Florida, and that this Easement shall be construed and shall be enforced in
accordance with the laws of the State of Florida,
5. The easement herein granted shall constitute a covenant nmning with the parcel of Real
Property described herein and shall be binding upon and shall inure to the benefit of the
Grantor and the Grantee, and their respective successors and assigns.
6. The rights and benefits of the Grantee under this Easement shall be freely assignable by the
Grantee, in whole or in part,
7. 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-Dade County, Florida,
appropriate documentation to abandon and terminate this Grant of Easement.
In witness hereof, this Grant of Easement has been executed thisOl '!r day of ~, 2000.
Witnesses: ~~___
Print Name:7i3":J ~'tJ"'A../
O.fl.~
Print Name: -::r. P. L.... i .,...(
World a 'ngs Bank, FSB:
By: ",'" ~ - . CL
Print Name and Title e I~ J.VE. Res")~~
Address: 1901 Harrison Street 8" Floor
Oakland, CA 94612
Exhibit "A"
WORLD SAVINGS BANK, FSB
A~~i~tant Secretal}"~ Certificate
I, Ray W. West, Jr., being the duly elected and incumbent Assistant Secretary of
World Savings Bank, FSB, ("World"), hereby certify that Gregory R. Reniere is a Vice President of
World and as such is duly authorized and empowered, on behalf of World, to execute all deeds,
conveyances, contracts and other documents, and to take such other action as may be necessary or
appropriate, in connection with World's real property commonly know as 1261 20th Street, Miami
Beach, FL, 33139.
IN WITNESS WHEREOF, I have hereunto set my hand as such Assistant Secretary
and affixed the corporate seal of World this Second day of January, 200 I.
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TERMINATION AND ABANDONMENT OF EASEMENT
This termination and abandonment of Easement is entered into this ~ f1lday of M MLCH-
200 I by World Savings Bank, FSB, with an address at: Vice President-Corporate Properties 190 I Harrison
Street, Oakland. CA 94612 (hereinafter 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 1261 Twentieth Street(Sunset
Harbor Drive), Miami Bbeach, Florida, legally described as follows to wit:
Lots 25 and 26 both of Block 15A, ISLAND VIEW ADDITION, as per Plat recorded in Plat Book
No.9. Page 144, of the Public Records of Miami-Dade County, Florid, and
WHEREAS, an Easement appears on portions oflots 25 and 26 of Block 15A, ISLAND VIEW ADDITION,
as per Plat recorded in Plat Book No.9, Page 144, of the Public Records of Miami-Dade County, Florida.. the
Easement being more particularly described as follows:
The west five feet of Lot 25, and the East five feet of Lot 26, both of Block l5A, Island View
Addition, as per Plat recorded in Plat Book No.9. Page 144, of the Public Records of Dade County,
Florida.
Said easement being specifically described in the grant of easement recorded in Book 941 Page 184 of the
Public Records of Dade County, Florida and sketch attached as Exhibit B 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 ofTEN AND NO/IOO ($10.00) DOLLARS and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY
agrees as follows:
I, That the above captioned recitals are incorporated herein by this reference
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.
.. ~l)l WITNESS WHEREOF, THE CITY has caused these presents to be executed this .;>.rtraay
of~,2001.
~1JAt- f~
Print Name: Robert Parcher, City Clerk
By:
Print Name and Title: Neise Kasdin, Mayor
City of Miami Beach
Address: 1700 Convention Center Drive
MiIHAY~~i!"~.3139
FORM & LANGUAGt:
& FOR EXECUTION
F MIAMI BEACH:
Exhibit "B"
A/Jf ~ 3-1/;.. c! I
\- Date
,J(x:) I - 2 tf '?d
OFF. REC BX.
I 9 8 9 4 PG , 6 8 7
o 1R498177 2001 SEP 12 12:10
Grant of Easement DDCSTPDEE 0.60 SURTX O. ~5
HARVEY RUVIN, CLERK DADE COUNTY, FL
This Grant of Easement entered into this 111 day of ~2000, by World Savings Bank, FSB,
with its address at: Vice President--Corporate Properties, 1901 Harrison Street, Oakland, CA 94612
(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 successors and assigns.
I. Grantor is the owner, in fee simple, of the Real Property legally described as:
Lots 25 and 26, both of Block l5A, Island View Addition, as per Plat recorded in Plat Book
No.9, Page 144, of the Public Records of Dade County, Florida
2. In consideration of the sum of ONE and no/lOO ($1.00) DOLLAR 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,
more fully described in Exhibit A, a non-exclusive Easement for the installation,
maintenance, construction and repair of a storm drain system, the costs and expenses
associated with same to be paid by Grantee. The City of Miami Beach, its employees,
contractors, 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.
3. Grantee, its successors and assigns, agree to indemnify and hold Grantor, its successors and
assigns, harmless from any and all liability, loss and against all claims or actions based upon
or arising out of damage or injury (including death) to person(s) or property that Grantor, its
successors and assigns may suffer as a result of claims, demands, costs, or judgments against
it arising from Grantee's, its successors' and assigns' installation, use and maintenance of the
Easement.
4. It is intended that this Easement shall be recorded in the Public Records of Miami-Dade
County, Florida, and that this Easement shall be construed and shall be enforced in
accordance with the laws of the State of Florida.
5. The easement herein granted shall constitute a covenant running with the parcel of Real
Property described herein and shall be binding upon and shall inure to the benefit of the
Grantor and the Grantee, and their respective successors and assigns.
6. The rights and benefits of the Grantee under this Easement shall be freely assignable by the
Grantee, in whole or in part.
7. To the extent that the Easement granted herein is no longer reqnired by Grantee, Grantee
hereby agrees to execute and record in the Public Records of Miami-Dade County, Florida,
appropriate documentation to abandon and terminate this Grant of Easement.
In witness hereof, this Grant of Easement has been executed thisOl~ day of ~, 2000.
WItnesses: -b;;:--
Pnnt Name: M":J r:....'tJh~ J
O.)9.~
Print Name: -:;r. P. L", " ... <>l
World a 'ngs Bank, FSB:
By:
Print Name and Title e I~ JlcJ: fh.5'0E>Jt
Address: 1901 Harrison Street 8 'Floor
Oakland, CA 94612
Exhibit "A"
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OFF. REC BK.
I 9 8 9 4 PG I 6 8 8
WORLD SAVINGS BANK, FSB
A..i.t.nt ~""r"t"ry'. r"rtifi".te
I, Ray W. West, Jr., being the duly elected and incumbent Assistant Secretary of
World Savings Bank, FSB, ("W orld"), hereby certify that Gregory R. Reniere is a Vice President of
World and as such is duly authorized and empowered, on behalf of World, to execute all deeds,
conveyances, contracts and other documents, and to take such other action as may be necessary or
appropriate, in connection with World's real property commonly know as 1261 20th Street, Miami
Beach, FL, 33139.
Assistant Secre
/.~ L~rff
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OFr. REC BK.
OALlfORfoJlA ALL.PURPOSE ACKNOWLEDGMENT
19894PG 1689
Cali~vVJ /'CU
County of MtLvvlf'AaJ
On 0t'1.. VII Jo.. V(j,ai<' } c?- GO / before me, ' --;q0;Z:;;': ~:~tI. of 011',,, (..g..'J ",00., No"", Pob,;) 7kb!(0
personally appeared Gtj/~ E, Zen lere... ,
/ J Name(s) of Signer(s)
rn'Personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(-er
whose name(-s} is/_subscribed to the within instrument
and acknowledged to me that heJeRe!lhB; executed the
same in hislAel'itneir authorized capacityfiesT. and that by
his/Rol'itReir signaturefel on the instrument the personfst;
or the entity upon behalf of which the person(-er acted,
executed the instrument.
State of
~ - - - - - ;~N;C~~~- - J
€i Commission # 1201310 z
~ ,..; Notay Public - California !
z ' . Alameda County 1
J _ _ _ _My~~O:=~~
. seal.
TlONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: G VO-n+ (j D W:se ~
Document Date: ,7).v. /' >>l/bt r ~ tf, dOOZl Number of Pages: () JV
Signer(s) Other Than Named Above: ;.Jo oo/.-hev SI'8JU!'YS
Capacity(ies) Claimed by Signer(s)
~/t.('S
, <eth;hi
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
Title(s);
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNEA
Signer Is Representing:
Signer Is Representing:
C 1994 National Notary Association. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1 -800-876-6827
1989r.PG 1.685
~. .
01R4981fJ6 2001 SEP 12 12:10
TERMINATION AND ABANDONMENT OF EASEMENT
This termination and abandonment of Easement is entered into this JJ t~ay of UWH-
200 I by World Savings Bank, FSB, with an address at: Vice President-Corporate Properties 190 I Harrison
Street. Oakland, CA 94612 (hereinafter referred to as OWNER) and the City of Miami Beach, Florida, a
Municipal Corporation with its address at 1700 Convention Centcr Drive, Miami Beach FL 33139 (hereinafter
referred to as CITY).
WHEREAS, OWNER is the owner of the Real Property. commonly known as 1261 Twentieth Street(Sunset
Harbor Drive), Miami Bbeach, Florida, legally described as follows to wit:
Lots 25 and 26 both of Block 15A, ISLAND VIEW ADDITION, as per Plat recorded in Plat Book
No.9, Page 144, of the Public Records of Miami-Dade County. Florid_ and
WHEREAS, an Easement appears on portions oflots 25 and 26 of Block 15A, ISLAND VIEW ADDITION,
as per Plat recorded in Plat Book No.9. Page 144. of the Public Records of Miami-Dade County. Florida.. the
Easement being more particularly described as follows:
The west five feet of Lot 25, and the East five feet of Lot 26, both of Block 15A. Island View
Addition, as per Plat recorded in Plat Book No.9, Page 144, of the Public Records of Dade County,
Florida.
Said easement being specitically described in the grant of easement recorded in Book 941 Page 184 of the
Public Records of Dade County, Florida and sketch attached as Exhibit B 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 ofTEN AND NOItOO ($10.00) DOLLARS and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY
agrees as follows:
I, That the above captioned recitals are incorporated herein by this reference
~ 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
effectit {:" -. ~
. j~ ~
'. . .I~lLW-~~": S WHEREOF, THE CITY has caused these presents to be executed thi~J day
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By:
Print Name and Title: Nei en Kasdin, Mayor
City of Miami Beach
Address: 1700 Convention Center Drive
M?iIflAY~~C~3139
FORM & LANGUAGt:
& FOR EXECUTION
F MIAMI BEACH:
Exhibit "B"
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1989ltPG 1690 CLIENT: WORLD SAVING DATE: 11-27-00
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lfECORI:Eo INOFFICIAl.. RECCROS B<::lClK
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RECORD vERIFIED /
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19891+PG 1,685
,;'ti
(I lR4981i76 2001 SEP 12 12:10
TERMINATION AND ABANDONMENT OF EASEMENT
This termination and abandonment of Easement is entered into this;).1 t~ay of 1-11HU!.ff-
200 I by World Savings Bank, FSB, with an address at: Vice President -Corporate Properties 190 I Harrison
Street. Oakland. CA 94612 (hereinafter 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 1261 Twentieth Street(Sunset
Harbor Drive), Miami Bbeach. Florida, legally described as follows to wit:
Lots 25 and 26 both of Block 15A, ISLAA'I) VIEW ADDITION, as per Plat recorded in Plat Book
No.9, Page \44, of the Public Records of Miami-Dade County, Florid. and
WHEREAS, an Easement appears on portions of lots 25 and 26 of Block 15A. ISLAND VIEW ADDITION,
as per Plat recorded in Plat Book No.9, Page 144, of the Public Records of Miami-Dade County, Florida.. the
Easement being more particularly described as follows:
The west five feet of Lot 25, and the East five feet of Lot 26, both of Block 15A, Island View
Addition, as per Plat recorded in Plat Book No.9, Page 144, of the Public Records of Dade County,
Florida.
Said easement being specitically described in the grant of easement recorded in Book 941 Page 184 of the
Public Records of Dade County. Florida and sketch attached as Exhibit B 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 ofTEN AND NOll 00 ($10.00) DOLLARS and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. the CITY
agrees as follows:
I. That the above captioned recitals are incorporated herein by this reference
1..
~/ ".
F MIAMI BEACH:
By:
Print Name and Title: Nei en Kasdin, Mayor
City of Miami Beach
Address: 1700 Convention Center Drive
IW?ftRAY~!PC~1139
FORM & LANGUAGt:
& FOR EXECUTION
Exhibit "B"
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