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Home My Public Portal About11-8178 Release of Easement on NW 137 Street and 22 Avenue Sponsored by: City Manager Resolution No. 11-8178 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO AUTHORIZE THE CITY MANAGER TO EXECUTE A RELEASE OF EASEMENT TO THE PROPERTY LOCATED ON NW 137TH STREET AND NW 22ND AVENUE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Soma Properties, LLC agreed to grant the City an easement on the property located at NW 22nd Avenue, Folio#08-2122-011-0310; and WHEREAS,the easement granted by Soma is in exchange for a former easement on same property; and WHEREAS, the old easement was along the north and east boundaries of the property and the new easement is on the west and south of the property; and WHEREAS,the agreement was contingent on the owner of the property satisfying certain conditions, and the conditions have been satisfied; and WHEREAS, the City Commission of the City of Opa-locka desires the City Manager to execute the Release of Easement to complete the agreement between the parties. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka,authorizes the City Manager to execute and record a Release of Easement to the property located on NW 137th Street and NW 22nd Avenue. Section 3. This resolution shall take effect immediately upon adoption. Resolution No. 11-8178 PASSED AND ADOPTED THIS Uth DAY OF January,2011. 1 YRA/AYLOR M• YOR Attest to: . Deborah S. by City Clerk Approved as to form and legal sufficiency: I / 0,.i1/i 0 i1 c 1 l . A Jos; AI1*eller - • Ci y Atto ey Moved by: Commissioner Holmes f Seconded by: Vice Mayor Johnson Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES 2147148 vl QO \\\ /F' . 0yt,I / p"Op4',60' Memorandum TO: Mayor Myra L.Taylor Vice-Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus Commissione Gail Miller FROM: caLM ete onY n Manager DATE: December 27,2010 RE: Release of Easement—Herskowitz Property NW 137th St/NW 22"d Ave Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AUTHORIZING THE CITY MANAGER TO SIGN A RELEASE OF EASEMENT TO THE PROPERTY LOCTAED ON NW 137th St and NW 22"d AVE IN THE AMOUNT OF$10.00 PAYABLE FROM ACCOUNT NO.64-533520. Description: Soma Properties LLC agreed to grant the City an easement located on NW 22"d Ave Folio# 08-2122-011-0310 to the City in exchange for a former easement also on the property. As agreed, Soma Properties LLC has transferred all utilities from the old easement to the new easement.The work has been certified by the Florida Department of Health and the new supply system has been placed in service. Financial Impact: $10.00,Account#64-533520 Implementation Time Line: This work was completed in 2007 and the water supply line has since been active. Recommendation(s): Staff recommends approval. Analysis: The old easement was along the north and east boundaries of the property.The new easement is on the west and south of the property. The agreement was made earlier to grant the easement, contingent on the Owner satisfying certain conditions. The conditions have all been satisfied. The City now has the responsibility to release and record the easement. ATTACHMENT(S): Sketch and Legal Description of Easement Release of Easement Document PREPARED BY: Judeen Johnson,Projects/Utilities Engineer END OF MEMORANDUM RELEASE OF EASEMENT This Release of Easement is made and entered into as of the day of , 2010 by and between Andy Herskowitz, whose address is NW 137th Street and 22nd Avenue, Opa Locka, FL, hereinafter referred to as "Owner" and the City of Opa Locka, a municipal corporation, hereinafter referred to as the "City". WITNESSETH WHEREAS, Owner granted to City an easement for sanitary, sewer and water line with respect to that certain real property located in Miami-Dade County, Florida, the legal description of which is attached as Exhibit "A" hereto and incorporated herein by reference (the "Easement Property"); and WHEREAS, the parties have replaced the water and sewer line and desire to release the Easement with respect to the subject property; NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. The City hereby releases all rights, title and interest in and to that certain Easement dated May 11, 1978 by Jules Levitt and Virginia Levitt, his wife in favor of the City and recorded May 24, 1978 in Official Records Book 10044, Page 1423 of the Public Records of Miami-Dade County, Florida. In witness whereof, the City has duly executed this Release as of the date first above written. CITY OF OPA-LOCKA a Municipal corporation By: Attest: Mayor City Clerk APPROVED AS TO FORM: City Attorney G:IDOCSIADMN119072 WOW\RELEASE14988168.DOC EXHIBIT "A" The West 20 Feet of the East 40 Feet of Lots 13, 14, 15 and 16, all in Block 150-A of Community Gardens, according to the plat thereof, as recorded in Plat Book 31 at Page 5 of the Public Records of Dade County, Florida; and the North 10 feet of said Lot 15, less the East 40 feet thereof. lr r,jA rr itirx 7 74//e t1'37. ales • Pew 13LITY EASEMENT THIS EASEMENT is made, granted arid entered into this 23rd day of January, 2007 by Soma "properties LLC(hereinafter referred to as"Grantor"),whose address is 3080 SW 3$"'Court,Miami,Fi.33146 ,to City of Opa Locks,F1.. 33054(hereinafter referred to as "Grantee"), c/o Water Utilities Department. 12950 Leiune Road,Opa-Lcikca,Fl.33054 W I T N.E,S SETH That Grantor, for and in consideration of the sutit of Ten Dollars($10.00)in hand paid by the Grantee and other,good.e nd valuable consideration,the receipt of which is hetcby acknowledged,does hereby grant to the Grantee, Sts•successors and at os,a pe petual utility easement which shall permit Grantee authority to Omar upon the property of the Grantor at any time to install,operate,maintain,service,obstruct,tecenstruct,remove,relocate,repair,replace, improve, expand, tie into, and inspect potable water, reclaimed water and/or wastewater lines and appurtenant .facilities and equipment in,on,.over,under and across the easement premises. This utility easement of portion thereof can also be utilized for a wastewater pump station•and may be fenced in for access control purposes. The easement hereby gritted covers a snip of land eying, airtime and being in the City of Opa..Locke. Florida, and being more naatieuJarly described as follows: • SEE MOOT'"A",ATTACHED HERETO AND MADE A PART HEREOF Grantor hereby covenants with Grantee that it is lawfully seized and in possession elite real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of mortgages and other encumbrances unless speriaflcally stated to the contrary. IN WfrNESS WREREOF,the Grantor has hereunto set its band and affixed its seal as of the date first abovewiitten. WITNESSES; GRANTOR: 'Signed,sealed.and delivered intheptesemyce of Witness Signet= Signature • 'Print Name Punt Name Witness Signature. Signature' Print Name Print Name (SEA-) NOTARY CERTIFICATE STATE OF FLORIDA COUNTY OF MIAMI DADS • The Ibregoing instrument was acknowledged before me this day of , 20 • by and who is/are persooally.koowu.to rue or who has produced _ as identification. My Commission Expires_ Plotary Signature Typed,Printed or Stamped Name of Notary ter 4461 :. . • Tel:(581)241-9986 1:01 eton,90 aP 33487'Sine 320 Bof Authorization fon AP:F211110 G RUC(561)241-9182• SKETCH AND LEGAL DESCRIPTION , . :NOT A SURVEY) COMMUNITY GARDENS — 10.00` UTILITY EASE=MENT LEGAL DESCRIPTION: THE SOUTH 10 FEET OF LOT' 13, LESS THE EAST 20 FEET AND WEST 13.50 FEET THEREOF, TOGETHER WITH THE EAST 10.00 FEET OF THE • WEST 13.50 FEET OF LOTS 13, 14 AND 15, BLOCK 150-A, ALL OF THE PLAT OF,"COMMUNITY GARDENS", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, AT PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. • ABBREVIATIONS M.D.C.R. • MMIAMI -DADE COUNTY RECORDS CONC. • CONCRETE COR. CORNER D • DELTA (CENTRAL ANGLE) ' D.E. • DRAINAGE EASEMENT l .R. • IRON ROD • I .R.C. IRON ROD AND CAP L.B. - LICENSED BUSINESS L.S. . LICENSED SURVEYOR MON. MONUMENT • O.R.B. OFF IC I AL'RECORDS BOOK • P.O.B. POINT OF BEGINNING P.0.•C. POINT OF COMMENCEMENT • P,8.. PLAT BOOK PAGE PiS• M. • PROFESSIONAL SURVEYOR 0 MAPPER ' R/W • RIGHT-OF-WAY U.E. • UTILITY EASEMENT NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT 7HE SIGNATURE AND THE ORIGINAL RAISED • • SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE F IN 3 THBEARINGS ASTHOON W CBH ONSTHE71pN. • EAST LINE OF SAID 13, HAVING A BEARING OF NORTH 00°41'59" WEST, ACCORDING TO SAID PLAT OF "COMMUNITY GARDENS". CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA .ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES,AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CO.RRRECT TO THE BEST OF MY KNOWLEDGE • AND BE '! P' a DER MY DIRECTION: , . JE • •!•*APP . • 'RVEYOR AND MAPPER FLORIDA LICENSE NO. L5'5111 LAST DATE OF'FIELD_ WORK : NOT A SURVEY ProJ eet Nome. C0102PNITT GAIDENS 10'MIRY .EASEMENT OAT 12/12/2006 __ J013 NO. 06134 • DM8 UT. Hi-10 • co By, JSH ,,. ... 'SHEET 1.OF 2 •. .__ . ... i3S-a;ii:... . . . . . ._ . . [.__1 SKETCH AND LEGAL DgSCR(PTION MI NW 139th TREET (NOT A SURVEY) . P•44 „ • WM I I 0 itv 1[1111. ill II, I I i I III I. 1, 111, . . 0 I IslacH , , I , 1 '111 W. 5 IWA Ill'Al iiiWiil 3 ram • A 1011111111_ i la • , LOT 16 L._ 20'EASEmENT CP.B.31, PG.5, MDCR) LOC-ATION MAP • NOT TO SCALE N:90°00.00..t 142.01' . . • 10'WATER LIVE lif SANITARY • . . J_,-1-SEWER EASEMENT AS PER o.R.B.10044, PG. 1423 • 1 •-------7-------"Ic------*.- . _ . 1-..4-10.00' • 1.-1--13.501 LOT 15 • .. 1 • Th, . • 1 E,,P--, . 2---- -o .1 1. • • a r- 0 CLOCK 150-A ,_ 9 • COMMUNITY GARDENS 42 I") x di (P.13. 31, PG. 3, MOOR) • 01 > (4? I ft° •.••• a 0 •A • CA I C) • 1 I • LOT 14 7)k > ; ' )› 1 • P3- < • z "C71 • r ° m i . , .._ z • c,' • 1 . 41,•-< r...' C - ii . _ • -1A-Pi . 1 I • ,...„,i t.., L., Nibs, • • 1 I LOT 13 ....:________i ___-...- • 1---1---10.001 20.00' ...1.••••— • 1 I • --•••1- i I I f— 10.00' 1-I-__I .i. • I . L i • , • . • 4 S901100'00''W 142.01' • I • . . . LOT 12 . . .Ace NO 1k.TUIIIIIIIIIIII•111111111 Pm!°at Now COM ' " 1 ' MIZMUMETAMMEEMBMIONMEI MEMINNUffinglaRWNWMICKV*.- 4 ::. sli znalmapavirsimwammmami ,. . .. .. • • ,...... . NEW UTILITY EASEMENT THIS EASEMENT is made, granted and entered into this_day of , 2010, by Soma Properties, LLC (hereinafter referred to as "Grantor"), whose address is 3080 SW 38th Court, Miami, FL 33146, to City of Opa Locka, FL 33054 (hereinafter referred to as "Grantee"), do Water Utilities Department, 12950 Lejune Road, Opa Locka, FL 33054. WITNESSETH That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the Grantee and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual utility easement which shall permit Grantee authority to enter upon the property of the Grantor at any time to install, operate, maintain, service, construct, reconstruct, remove, relocate, repair, replace, improve, expand, tie into, and inspect potable water, reclaimed water and/or wastewater lines and appurtenant facilities and equipment in, on, over, under and across the easement premises. This utility easement or portion thereof can also be utilized for a wastewater pump station and may be fenced in for access control purposes. The easement hereby granted covers a strip of land lying, situate and being in the City of Opa Locka, Florida, and being more particularly described as follows: SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of mortgages and other encumbrances unless specifically stated to the contrary. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above written. WITNESSES: GRANTOR: Signed, sealed and delivered In the presence of: SOMA PROPERTIES, LLC, A Florida limited liability company By: Witness Signature Andrew Herskowitz, Manager Print Name Witness Signature Print Name NOTARY CERTIFICATE STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was sworn_to and acknowledged before me this day of , 2010 by Andrew Herskowitz as Manager of Soma Properties, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or has submitted as identification. Notary Signature My commission expires Typed,Printed or Stamped Name of Notary G:\D O C S W D M N\19072\0001\F O R M\4990125.DO C. `. . wont' s; : .• 9518roken Sound Parkway,Suke 320 S U R•V;E'Y I N.G A NT A•P P.I'N IG Tel:(561)241-9988 •i Boca Raton,Florida 33487 Certificate of Authorlzatlan`No. 87284 Fax (581)241-6182 • SKETCH AND LEGAL DESCRIPTION {N i'.A SURVEY) • COMMUNITY GARDENS - 10:00' UTILITY EASEMENT. . LEGAL DESCRIPTION: •THE SOUTH 10 FEET OF LOT 13, LESS THE EAST 20 FEET AND WEST . 13.50 FEET THEREOF, TOGETHER WITH THE EAST 10.00 FEET OF THE WEST 13.50 FEET OF LOTS 13, 14 AND 15, BLOCK 150-A, ALL OF THE PLAT OF "COMMUNITY GARDENS", ACCORDING TO THE PLAT THEREOF, • AS RECORDED IN PLAT BOOK 31, AT PAGE 5, OF THE PUBLIC RECORDS OF MIAMI-DADE. COUNTY, FLORIDA. ABBREVIATIONS M.D.C.R. • MIAMI-DADE COUNTY. RECORDS L . ARCLENGTH • CONC. CONCRETE COR. = CORNER D • DELTA (CENTRAL ANGLE) D.E. • DRAINAGE EASEMENT I .R. • IRON ROD I .R.C. • IRON ROD AND CAP L.B. • LICENSED BUSINESS • L.S. • LICENSED SURVEYOR • • MON. MONUMENT O..R..B. • OFFICIAL RECORDS BOOK P.0.B. • POINT OF BEGINNING - P.O.C. • POINT OF COMMENCEMENT - P..B.. • PLAT BOOK PG. • PAGE P.S.M. • PROFESSIONAL SURVEYOR 8 MAPPER . R/W RIGHT-OF-WAY U.E. UTILITY EASEMENT NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID ' • WITHOUT 7HE.SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. . 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE -PREPARATION OF THIS SKETCH AND DESCRIPTION. 3. BEARINGS -SHOWN HEREON ARE BASED ON THE ' EAST. LINE OF SAID 13, HAVING A BEARING OF NORTH 00°41'59 WEST, ACCORDING TO SAID 'PLAT OF "COMMUNITY GARDENS". • - .CERTIFICATION . I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES- WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES,AND THAT SAID SKETCH AND .. DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEL' • P' o NDER MY DIRECTION. ' .,, JE APP - RVEYOR AND MAPPER FLORIDA LICENSE NO. L55111 • LAST DATE :OF FIELD WORK : NOT A SURVEY 'Project Nome, COMMUNITY GARDENS 10'UTILITY ,EASEMENT DATE 12/12/2006 4oz No.. 06134 • DWG erg HHB ' . CE'D ay= JSH j ,? I SfiEf T 1AF.2 • • ::'" EL - . ..-- ' . • • . . • i , , • L__ SKETCH AND LEGAL DESCRIPTION 1 NW 139th STREET (NOT A SURVEY). • . 1 • 0 EI,J,,1 I THIS '111)11 1 111111111 KETCH A . . A !WA . iilfAiid `i trr LOT 16 OPA-I OCKA RI VI) . IA 20'EASEMENT (P.6.31, PG.5, MDCR) LOCATION MAP • NOT TO SCALE N90°00100"E 142.01. 1 10' WATER LINE & SANITARY --r :I,/,'SEWER EASEMENT AS PER O.R.B.10044, PG. 1423 1- 7 I I __...3 i-• 10.001 • __ 1.--,-113.50' . . .1 LOT 15 - rn i cn Po . • 0 i a m _ ' . K : . . > = I )". Z ■ CD . I r- c) BLOCK 150-A > 0 e. v) . • COMMUNITY GARDENS r- 0 ± i -0.2 4"' t••) 7 Cil 1 (P.B. 31, PG. 5, MDCR) - CIL C) I LOT 14 :g3D Li Z , I • 5 pi : > o ' ,, ' • c`51 ..E' Z ; ,— b I . "0 m 13.50', ...}, —m , .4:.x) • ■ J L-I—10.00' 20.00'--&--1 -4 1 I 1 I 1-- 10.00' r l 1 1 • . 1 , f S90°00'00"W 142.01' . • LOT 12 ewe. NO. 06134 •1 Prqj apt Noma* COMMUNITY GARDENS HHB SCALE I r•30' _ 10'IMUTT EASEMENT cv.1)1139ita..•.JSH • oRTEI • 12/12/2006 SHEET 2 OF 2 ' • _.- .q ... . 1 1