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HomeMy Public PortalAbout2019 Certified copy of Deed Restrictions and Utility Easement.pdfGUNSTER -. S LAW FIRM FCR BUSINESS VIA HAND DELIVERY Ms. Jennifer Medina Village Clerk 88 West McIntyre Street, Suite 220 Key Biscayne, Florida 33149 Writer's Direct Dial Number: 305-376-6027 Writer's E -Mail Address: Ikahn a gunster.com November 1, 2019 Re: 220 Island Drive / Recorded Release and Termination of Restrictions from Deed Restrictions Covenant / Recorded Grant of Utility Easement Agreement Dear Ms. Medina: In connection with the property located at 220 Island Drive, please find enclosed for your records, a certified copy of the recorded (1) Release and Termination of Restrictions Imposed by Section 13(B) of the Deed Restrictions Covenant, and (2) Grant of Utility Easement. Thank you for your assistance on this matter. Sincerely, 0(-#17 Lauren Kahn ACTIVE 11363622.1 Brickell World Plaza 600 Brickell Avenue. Suite 3500 Miami. FL 33131 p 305-376-6000 f 305-376-6010 GUNSTER.COM Boca Raton 1 Fort Lauderdale Jacksonville 1 Miami i Orlando 1 Palm Beach 1 Stuart 1 Tallahassee Tampa 1 The Florida Keys 1 Vero Beach 1 West Palm Beach Winter Park 1 iiiiii uiu iiiii iiiii iu1i iiiti 1 1 1 1 1 1 1 1 1 1 1 1 1 Prepared by and return to: Mario Garcia -Serra, Esq. Gunster, Yoakley, Stewart, P.A. 600 Brickell Avenue, Suite 3500 Miami, Florida 33131 C:Ft-4 2019R':'684u'JO] OR BY, 31672 Pss 531-535 (5F'ssi RECORDED 101'31/'019 14:13:07 HARVEY RUVIN, CLERK. OF COURT MIAMI-DADE COUNTY? FLORIDA RELEASE AND TERMINATION OF RESTRICTIONS IMPOSED BY SECTION 13(B) OF THE DEED RESTRICTIONS COVENANT This RELEASE AND TERMINATION OF RESTRICTIONS IMPOSED BY SECTION 13(B) OF THE DEED RESTRICTIONS COVENANT is made this Z (IC -day of [zfa be -r , 2019, by 220 ISLAND DRIVE PROPERTIES, LLC ("Owner"), having an address at 6900 SW 73rd Street, Suite 301, South Miami, Florida 33143, and THE VILLAGE OF KEY BISCAYNE, a municipal corporation, whose mailing address is 88 McIntyre Street, Key Biscayne, Florida 33134 ("Village"). WITNESSETH: WHEREAS, Owner holds the fee simple title to the land in the Village of Key Biscayne, Florida as legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, pursuant to Resolution No. 2019-23 adopted by the Village Council on April 9, 2019 (the "Resolution"), a copy of which is attached hereto as Exhibit B, the 'Village approved an application for Waiver of Plat for the Property; and WHEREAS, a condition of approval of the Resolution, provides that the Village Manager shall execute a release of the restrictions imposed on the Property pursuant to Section 13(B) (the "Restriction") of the Deed Restrictions Covenant (the "Covenant"), dated NovemblF.r 13, 1959, recorded in the Public Records of Miami -Dade County under Clerk's file No. 59R-212158 and referenced on the plat recorded at Plat Book 68, Page 81 of the Official Records of Miami -Dade County; and • WHEREAS, Owner and the Village desire to terminate all rights and interests created or granted by the Restriction with respect to the Property. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged: 1. Owner and the Village hereby declare that the foregoing recitals are true and correct. 2. Owner and the Village agree and declare that the Restriction, is hereby terminated and shall be of no further force or effect with respect to the Property, and that all such rights interests granted by the Restriction are hereby released, relinquished, surrendered, to and extinguished of record with respect to the Property. ACTIVE 10801909.3 i1 r 3. This instrument shall be recorded in the Public Records of Miami -Dade County at the cost of the Owner. [Signatures begin on following page] ACTIVE 10801909.3 IN WITNESS WHEREOF, the undersigned has executed this RELEASE AND TERMINATION OF RESTRICTIONS IMPOSED BY SECTION 13(B) OF THE DEED RESTRICTIONS COVENANT as of the date and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Nan] . cleass±« C -r rc,; c, Name: ThAea f'oss�- STAI'E OF FLORIDA ) ss: COUNTY OF MIAMI-DADE VILLAGE OF KEY BISCAYNE, a municipal corporation By: Name: ft, (; r,:, Title: The foregoing RELEASE AND TERMINATION OF RESTRICTIONS IMPOSED BY SECTIN 13(B) OF THE DEED RESTRICTIONS COVENANT was acknowledged before me this 3n day of p 4 bar, 2019, by / 4A tkca k,a, , who is the V i ((cam cc of VILLAGE OF KEY BISCAYNE, a municipal corporation, and who Kis personally known to me or [ ] produced as identification. My Commission Expires: Prin MYRIAM RESTREPO jp` • MY COMMISSION # 00131789 EXPIRES: October 18, 2021 e: M �� Public, S te of Florida ACTIVE 10801909.3 IN WITNESS WHEREOF, Owner executed this RELEASE AND TERMINATION OF RESTRICTIONS IMPOSED BY SECTION 13(B) OF THE DEED RETRICTIONS COVENANT under seal as of the day and year written above. SIGNED, SEALED AND DELIVERED 220 ISLAND DRIVE PROPERTIES, LLC, a IN THE PRESENCE OF: Florida limited liability company e: l/0�0f.(/� By: Title: STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE The foregoing RELEASE AND TERMINATION OF RESTRICTIONS IMPOSED BY SECTION 13(B) OF THE DEED RETRICTIONS COVENANT was acknowledged before me this(& day of () i2tK , 2019, byycpf 0 6I&yi `� , who is the Nay, of DELPHIA ENTERPRISES, N.V.,(iho [ is pers.nally known to me orlJ[ ] produced as identification. My Commission Expires: zy Print Name: ' i pia a Cplane.-0 Notary Public, State of Florida 0 X142,, ADRIANA VICTORIA BLANCO /kV:0142,, ADRIANA of Florida -Notary Public - Commission # GG 104153 11 ��: /4 a or My Commission Expires May 14, 2021 MIA_ACTIVE 4919814.2 OR B1i'"y, 31672 PG 535 LAST PAGE Exhibit A Legal Description of the Property PARCEL "A" The West 20.00 feet of Lot 10 aid the East 60.00 feet of Lot 11, Block 3, of "CAPE FLORIDA SUBDIVISION SECTION 1", according to the Plat thereof as recorded in Plat Book 68, Page 81, of the Public Records of Miau i-Dade County, Florida. PARCEL "B" The West 20.00 feet of Lot 9 and the East 60.00 feet of Lot 10, Block 3, of "CAPE FLORIDA SUBDIVISION SECTION 1", according to the Plat thereof as recorded in Plat Book 68, Page 81, of the Public Records of Miami -Dade County, Florida. STATE OF FLORIDA, COUNTY OF MIAMI-DA'DE 1 HEREBY CERTIFY that this Is a true copy of the original flied In lt++33 sbe n _- U1_3_1 al „AD . , ' nand and Ofti eel. HAR'J L•:.:; ='- _ : County Courts pv D.C. #31 ACTIVE 10801909.3 111111 1111111111 11111 11111 11111 11111 1111 1111 This instrument prepared by: Mario Garcia -Serra, Esq. Gunster, Yoakley & Stewart, P.A. 600 Brickell Avenue, Suite 3500 Miami, FL 33131 C FN 2019806684799 OR Q.K. 31672 F'ss 525-530 (6P9s't RECORDED 10/.31/2019 1413:0r HEC C'OC TAX $.0.60 SURTAX 0 45 HARVEY RUVTh1F i:L.ERK. OF COURT NIAMI-C)AC)E (OLENT'{ t FLORIN GRANT OF UTILITY EASEMENT AGREEMENT THIS GRANT OF UTILITY EASEMENT AGREEMENT (this "Agreement"), is made and entered into effective as of this Peday of C)c4-0 -C , 2019, by 220 ISLAND DRIVE PROPERTIES, LLC, a Florida limited liability company, whose mailing address is 6900 SW 73 Street, Suite 301, South Miami, Florida 33143 ("Grantor") and THE VILLAGE OF KEY BISCAYNE, a Florida municipal corporation ("Village"). RECITALS Grantor is the sole owner and holder of the underlying fee title to. certain real property located in the Village, Miami -Dade County, Florida, and more particularly described in Exhibit A, attached to and made a part of this Agreement (the "Property"). The Property abuts a public right-of-way. Pursuant to Key Biscayne Village Council Resolution No. 2019-23, a waiver of plat for the Property was approved, providing for certain conditions including a dedication of a 10 -foot utility easement in the front yard of the Property adjacent to the public right-of-way, as more particularly described in Exhibit B, attached to and made a part of this Agreement (the "Utility Easement Area"). AGREEMENT 1. Grant of Easement. For Ten Dollars and other good and valuable consideration, the receipt of which is acknowledged by Grantor, Grantor hereby grants to Village, or public utility as applicable, a perpetual non-exclusive public utility easement upon, over, across, and under the Utility Easement Area ("Utility Easement") for the construction, installation, inspection, operation, maintenance, repair, replacement, and removal of utility facilities ("Utility Facilities") owned, operated, or maintained by Village or a public utility, as applicable, now or at any time in the future. 2. Existing Utility Installations. The Utility Easement hereby granted will apply to any existing Utility Facilities on the Utility Easement Area. Village or the public utility, as applicable, shall have the right to remove any existing Utility Facilities and to replace them with different Utility Facilities, subject to the terms and conditions of this Agreement. 3. Ingress and Egress. The Utility Easement hereby granted includes a ri ingress and egress, and grants to the Village, or public utility, as applicable, full ri authority to enter upon and excavate the Utility Easement Area for the purposes set fort instrument. 1 ACTIVE 11156714.4 L 4. Restoration of Utility Easement Area. Upon completion of any work by the Village, or the public utility, as applicable, on the Utility Easement Area or the abutting street, Village shall restore the Utility Easement Area and the abutting street to the condition existing prior to the work, at no cost or expense to Grantor. In exercising its rights hereunder, Village, or the public utility, as applicable, will use reasonable efforts to minimize any impacts to Grantor's ongoing activities on the Property. At no time will the Village's (or the public utility's, as applicable,) activities on the Utility Easement Area interfere with ingress or egress to and from the Property. 5. Utility Services. The Utility Easement hereby granted is intended to include all mechanical, electronic, drainage, sewer, and energy services which may now or in the future be considered utilities. 6. Binding on Successors. This Agreement is binding upon and inures to the benefit of Grantor, Village, and the public utilities, as applicable, and their respective successors and assigns. 7. Amendment or Termination. This Agreement may be amended, modified, or terminated only by a written instrument signed by both parties or their respective successors and assigns, which instrument will only become effective when recorded in the Public Records of Miami -Dade County, Florida. 8. Governing Laws. The laws of the State of Florida will govern the interpretation, validity, performance and enforcements of this Agreement. Venue for any action brought under this Agreement will be in Miami -Dade County, Florida. [SIGNATURE PAGES TO FOLLOW] 2 ACTIVE 11156714.4 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as of the _ day of ,2019. ATTEST: STATE OF FLORIDA ) SS: GRANTOR: 220 ISLAND DRIVE PROPERTIES, LLC, a Florida limited liabi,l,7company By: Na 564 00 O ‘0,41a r' Title: rt �i q�aAr COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me, this (iF"day of Oj.f2019, by CJ{XO e 6,1/4)43-1(011/4C1/41---1)4. , as g(,aO of 220 ISLAND DRIVE PROPERTIES, LLC, a Ylorida limited liability company. He is pe>onally known to me or has produced as identification. otary Public State of lorida at Large My Commission Expires: Kol 1` ( 2©2l Print Name: Ox1 c IZ' \Gtne_..o ADRIANA VICTORIA BLANCO °4('- State of Florida -Notary Public t". = Commission # GG 104153 ;�,. i H aA� My Commission Expires '�.,;aZ°0 May 14, 2021 MIA_ACTIVE 5094932.3 VILLAGE: VILLAGE OF KEY BISCAYNE, a Florida Municipal corporation !j By: _/�(/��v� Name: j/-f\nr-Qe- Title: V , itt: y_ �7\arv-t.y — ATTEST By: Nau%: *Tenn 1 r, 1✓lec iui Village Clerk APPROVED AS TO ORM AND LEGAL SUFFICIENCY: 4 Chad S. Friedman, Village Attorney 4 ACTIVE 11156714.4 EXHIBIT A Legal Description of Property PARCEL "A" The West 20.00 feet of Lot 10 and the East 60.00 feet of Lot 11, Block 3, of "CAPE FLORIDA SUBDIVISION SECTION 1 ", according to the Plat thereof as recorded in Plat Book 68, Page 81, of the Public Records of Miami -Dade County, Florida. PARCEL "B" The West 20.00 feet of Lot 9 and the East 60.00 feet of Lot 10, Block 3, of "CAPE FLORIDA SUBDIVISION SECTION 1", according to the Plat thereof as recorded in Plat Book 68, Page 81, of the Public Records of Miami -Dade County, Florida. 5 ACTIVE 11156714.4 OR P:k 31672 PG 530 LAST F'1'"1GF-. EXHIBIT B Legal Description of Utility Easement Area EXHIBIT "A" SEC 5 -55S -42E s Portion of Lott Block 3 TMOLIIA DESCRIPTION ISLAND DRIVE Ne952'45'E t Property line 150.00' 1, SI]EET 1 OF 1 Property Lne /-10' MUTT EASEMENT,' Properly Line 8 vh Portion of Lot 9, frock 3 FS, '..."--Property Line ]49841'08'E CANAL 160.03' 10' UTILITY EASEMENT LEGAL DESCRIPTION: The North 10' of the West 20' of Lot 9 all of Lot 10 and the East 60' of Lot 11, Block 3, of: 'CAPE FLORIDA SUBDIVISION SECTION 1", according to the Plat Thereof as Recorded in Plat Book 68, Page 81, of the Public Records of Miami -Dade County,rn Florida. Containing 1,600 sq.ft 0.037 acres; al] lying and being in Section 5 -55S -42E in Miami -Dade County, Florida. PROPERTY ADDRESS: 220 Island Drive Key Biscayne, Florida 33149 JOB # 19-1121 DATE 10-09-2019 PB 68-81 Surveyors Notes: S1 Land Shown Berea were not abstracted Idr Easement and/or *igbt ofWay Records. 4.2 Benchmark: Miami•Dade County Pudic Works Dep. #3 Doings as Shown hereon are Based upon Island Drive, Centerline N&9°52'45' W Please See Abbreviations and Legend A'S Sole of Drawing: 1-=.30' W, Drawn By A. TORAHS 10-09-201P AFA Company, y Inc Lana Professional Surveyors & Mappers LB 7498 13050 S.W. 133rd Court Miami, Florida 33186 Email: afaco@bellsouth.net Ph. 4 (305) 234-0588 Fax 4 (206) 495-0778 This certi5 es that the survey of the property described harem was made under my super- a44 010,00 & that the survey meets the Standards t/arra of practice set forth by the Florida Board of Professional Land Surveyors & Mappers in Chapter 5r-17.032 of Florida Addninistrelive Code, Inman! to Section 472.027, Florida Statures & Thu the Sketch hereon is a true and accurate representation thereof to the best ofmy knowledge and Belie. subject to notes= and ootafions chosen hereon. P y s'wwaLSarrepar Mapper 05526 Scow! off -lariat, Nor Mani fmaker Srexd. Slowrpe lrrifk Emsvrr4OS' ACTIVE 11156714.4 6