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HomeMy Public PortalAbout2005 Easement for West Matheson.tifWEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. ATTORNEYS AT LAW MITCHELL A. BIERMAN NINA L. BONISKE MITCHELL J. BURNSTEIN JAMIE ALAN COLE EDWARD G. GUEDES STEPHEN J. HELFMAN JOHN R. HERIN, JR. HARRIET R. LEWIS GILBERTO PASTORIZA GARY I. RESNICK JOSEPH H. SEROTA NANCY E. STROUD RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ THOMAS J. ANSBRO• LILLIAN ARANGO DE LA HOZ• JAMES E. BAKER ALISON S. BIELER MIAMI-DADE OFFICE 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE 305-854-0800 TELECOPIER 305-854-2323 WWW.WSH-LAW.COM BROWARD OFFICE 3107 STIRLING ROAD • SUITE 300 FORT LAUDERDALE, FLORIDA 33312 TELEPHONE 954-763-4242 • TELECOPIER 954-764-7770 Mr. Armando Nunez Village of Key Biscayne 88 West McIntyre St. Key Biscayne, Florida 33149-0250 *OF COUNSEL January 25, 2005 MICHELLE BUCKALEW ELAINE M. COHEN JORGE L. CRUZ-BUSTILLO VIVIAN DE LAS CUEVAS-DIAZ STEPHANIE DEUTSCH• DOUGLAS R. GONZALES TARA L. GOULD PETER A. LICHTMAN KAREN LIEBERMAN• MATTHEW H. MANDEL MICHAEL J. MARRERO ALEXANDER L. PALENZUELA-MAURI MICHAEL 5. POPOK• ANTHONY L. RECIO SCOTT A. ROBIN ANDREW E. RUSS GAIL D. SEROTA• JEFFREY P. SHEFFEL JOSE S. TALAVERA SUSAN L. TREVARTHEN• JAMES E. WHITE Re: Florida Power & Light Company Easement for West Matheson Drive Dear Mr. Nunez: Enclosed is the original FPL Easement recorded December 15, 2004, in Official Records Book 22906, Page 3609, of the Public Records of Miami -Dade County, Florida, in connection with relocation of above -ground facilities to an underground location with the right-of-way of West Matheson Drive. Should you have any questions, please feel free to contact me. Very truly yours, /91e,6_,1 —,e1. Debbie Sabino Sabino Legal Assistant for Lillian Arango de la Hoz, Esq. DES 103.001 Enclosure 111111111111111110111 1111111111 11111 11111111 in the presence of: Work Order No. EASEMENT Sec. , Twp S, Rge E Parcel I.D.# This instrument prepared by: (Maintained by County Appraiser) Lillian Arango de la Hoz, Esq. Folio Nos: Weiss Serota Helfman 24-4232-002-0220 (Matheson) Pastoriza Guedes Cole & Boniske, P.A. 24-4232-002-0223 (Kard Corp) 2665 South Bayshore Drive, Suite 420 24-4232-002-0222 (Sennett) Miami, Florida 33133 24-4232-002-0221 (Lutz) The undersigned, in consideration of the payment of $10.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement five (5') feet in width described as follows: C F-1-4 2004.F 1 1 1 6845 Bk 22906 F'ss -6n' - 3616; (°Qss) RE:CORC+ECG 12/15/2004 09:46:25 DEED C'0C: TAX. 0.6': SURTAX 0.45 HARVEY RUVINf CLERK OF COURT MIAMI -DACE COUNTY? FLORIDA Reserved for Circuit Court See Exhibit "A" attached hereto and made a part hereof for Sketch and Legal Description of Easement. This Easement is granted for the purpose of relocating above -ground facilities to an underground location. This Easement is limited to the placement of underground facilities within the unpaved area of the right-of-way. Grantee shall use its best efforts to minimize any impact or disruption to the right-of-way. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous tress or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. /� IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on/� u'day of September, 2004. Signed, sealed and delivered VILLAGE OF KEY BISCAYNE, a Florida municipal corporation iY ft ,,k'V�- Print kame r"") )'t t •tr m N Orr S' Print N e .4-t k' .h -1; Ap ed as tg L 'aFS}if/iciency: Lai Village Attorney ueline R. Menend Village Manager [THE NOTARY ACKNOWLEDGEMENT FOR THE VILLAGE OF KEY BISCAYNE AND THE JOINDER OF PROPERTY OWNERS IS ATTACHED] STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this/6e day of September, 2004, by JACQUELINE R. MENENDEZ, as Village Manager, on behalf of the VILLAGE OF KEY BISCAYNE, a Florida municipal corpor . o i , who (chec , one) is . er lly known to me or [ ] has produced a Florida drivers license , s i%,, tificat.on. My Commission Expires: OFFICIAL NOTARY SEAL CONCHITA H ALVAREZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO CC975183 MY COMMISSION tr. , ,,,� 1"'2004 3-401 Notary Publ. Print Name. a9eZ [THE JOINDER OF PROPERTY OWNERS IS ATTACHED] 2 JOINDER OF PROPERTY OWNER 421 `(VAa 41,444 or) Print Name: ,DiAN4+ HUSSO�/) \ C Print Name: 'SOA 1.i W. 1+}UMP5c, STATE OF no 2! 010. ) SS: COUNTY OF DA DE. ) INL Y B. MATHESON, Trustee Under Revocable Trust Dated Junc 12, 2003 Address: 480 W. Matheson Drive Key Biscayne, FL 33149 The foregoing instrument was acknowledged before me this aq day of September, 2004, by FINLAY B. MATHESON, Trustee Under Revocable Trust Dated June 12, 2003, who (check one) [ ✓r is personally known to me or [ ] has produced a as identification. My Commission Expires: •:: � ,,,, DIANA N. HUSSON A MY COMMtSSION # DD 060198 � y�• EXPIRES: September 25, 2005 'i 1p`s``. Bonded Thru Notary Public Underwriters 3 IJiwa N. 4uq,Zo Notary Public, Signature Print Name. /%W/4N. L ti s.t.o r1 JOINDER OF PROPERTY OWNER Print N• rie: /1)4-7 M T. Cep r KARD CORP. OF % I, INC., a Florida cor STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) Address: 470 W. Matheson Drive Key Biscayne, FL 33149 The for oing instrument was acknowledged before me this �� day of Sertetrrber, 2004, by KARDONSKI, as �c.99 e�L_ of KARD CORP. OF MIAMI, INC., a Florida corporation, on behalf of said Corporation, who (check one) [ ] is personally known to me or [ ] has produced a Florida drivers license as identification. My Commission Expires: CAROLYN P. GREAVES MY COMMISSION # DD 252377 EXPIRE. iber 14, 2007 „4 f Borr' d Thru N. ublic Underwriters 4 Notary Pu .' ic, Signature Print Name: go; 2a c. y/ki P aee.al ,E,� JOINDER OF PROPERTY OWNER antet Print Name: RnCL. tXOi(1a Print N e: STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE D. SENNETT DUTTENHOFER Address: 460 W. Matheson Drive Key Biscayne, FL 33149 The foregoing instrument was acknowledged before me this day o 2004, by D. SENNETT DUTTENHOFER, who (check one) [ ] is personally known to me or Di] has produced a Florida drivers license as identification. �5 j'7/ %%39cpW•0 My Commission Expires: ,','•'..q. 'it CONCHITA H AL✓AREZ MY COMMISSION # DO 337753 EXPIRES November 14, 2008 1,4," " Bonded Thm Nomb, Public Underwriters 5 Notary Pub Print Name ffd/(6,e rs%ecz JOINDER OF PROPERTY OWNER klr /lit./ I - / Print Na,(ne: 4 yt?4 i -c'1 e "2 - Print Na Ox y STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE PAMELA C. CONOVER Address: The foregoing instrument was acknowledged 2004, by RAYMOND J. LUTZ and PAMELA C. personally known to me or have produced a Florid My Commission Expires: CONCHITA H. ALVAREZ MY COMMISSR)r n nD 337753 EXPIRES: No✓!nro . !u, <'008 F4�.• Bonded Thru Notary 0A.: , 103001/Easements/FPL Easement 9-15-04 6 450 W. Matheson Drive Key Biscayne, FL 33149 before me thisCd ay of Ste, COVER, who (check one) [ ] are rs license . s ident' Notary Publ. Print Name. EXHIBIT "A" DESCRIPTION: (5' FPL EASEMENT) A PORTION OF TRACT 9, SUBDIVISION OF A PORTION OF MATHESON ESTATE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 46, PAGE 86 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, ALSO BEING IN THE DEDICATED RIGHT-OF-WAY FOR WEST MATHESON DRIVE, BEING A STRIP OF LAND 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF, AS MEASURED AT RIGHT ANGLES TO THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE NORTHEAST CORNER OF TRACT 11 OF SAID SUBDIVISION OF A PORTION OF MATHESON ESTATE; THENCE NORTH 00°07'15" EAST, ALONG THE NORTHERLY EXTENTION OF THE EAST LINE OF SAID TRACT 11, A DISTANCE OF 12.50 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE SOUTH 00°00'00" WEST, ALONG A LINE 12.50 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID TRACT 9, A DISTANCE OF 417.00 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE, SAID POINT BEING ON THE NORTHERLY EXTENTION OF THE WEST LINE OF THE EAST 417.00 FEET SAID TRACT 11. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF KEY BISCAYNE, MIAMI-DADE COUNTY, FLORIDA. NOTES: 1) THE BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN WITH THE SOUTH LINE OF TRACT 9, SUBDIVISION OF A PORTION OF MATHESON ESTATE, PLAT BOOK 46, PAGE 86 MIAMI-DADE COUNTY RECORDS. 2) THE LOCATION OF THE PROPOSED EASEMENT AND IT'S RELATIONSHIP TO THE SOUTH LINE OF TRACT 9 IS BASED ON INFORMATION OBTAINED FROM ARMANDO NUNEZ, DIRECTOR OF PUBLIC WORKS FOR THE CITY OF KEY BISCAYNE. CERTIFICATE: WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS OUTLINED IN CHAPTER 61G17-6 (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF. CRAVEN THOMPSON & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION NO. LB271 THOMAS C. SHAHAN PROFESSIONAL SURVEYOR AND MAPPER NO. 4387 STATE OF FLOi2IDA `--75-(LAc AUG 3 0 2004 THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. Sheet 1 of 2 Sheets Job No. 04-0126 Dated: August 27, 2004 N:\Clerical\JOBS\2004\04-0126\1egals\sd-5' fpl ease.doc CRAVEN •THOMPSON & ASSOCIATES, INC. cm 6,7 ENGINEERS • PLANNERS • SURVEYORS 3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400 FAX: (954) 739-6409 FOR: WEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. WEST LINE OF THE EAST 417' OF TRACT 11 POINT OF TERMINUS, NOTE: THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the description shown hereon. There has been no field work, viewing of the subject property, or monuments set in connection with the preparation of the information shown hereon. SKETCH TOACCOMPANY DESCRIPTION 5' FPL EASEMENT EAST LINE OF THE WEST 107' OF THE EAST 417' OF TRACT 11 WEST LINE SECTION 5 -55E -42S WEST LINE. OF THE EAST 210' OF TRACT 11 TRACT 11 SUBDIVISION OF A PORTION OF MATHESON ESTATE PLAT BOOK 46, PAGE 86 MIAMI-DADE COUNTY RECORDS WEST LINE OF THE EAST 105' OF TRACT 11 POINT OF COMMENCEMENT N.E. CORNER TRACT 11 PLAT BOOK 46, PAGE 86 MIAMI-DADE COUNTY RECORDS EAST LINE TRACT 11 • N 00'07'15" E 12.50' 25' 25' 1'-- 2.50' 1 90' L 2.50' ( 90' 12.50' ® 90' I E I iNI Z rri 4.8 o$ s 9 25' 25' SCALE: 1"=50' TRACT 9 SUBDIVISION OF A PORTION OF MATHESON ESTATE PLAT BOOK 46, PAGE 86 MIAMI-DADE COUNTY RECORDS POINT OF BEGINNING SHEET 2 OF 2 SHEETS 1O UPDATES and/or REVISIONS DATE BY CK'D NOTE The undersigned and CRAVEN—THOMPSON & ASSOCIATES, INC. make no representations or guarantees as to the information reflected hereon pertaining to easements, rights —of —way, set back lines, reservations, agreements and other similar matters, and further, this instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. NOTE Lands shown hereon were not abstracted for right—of—way and/or easements of record. G: \2004\040126\DWG\COGO.DWG 11 JOB NO.: 04-0126 I DRAWN BY: T.S. I CHECKED BY: RAY I F.B. N/A PG. N/A I DATED: 8-27-04