HomeMy WebLinkAboutExhibit BEXHIBIT B
This instrument prepared by or under the supervision of
(and after recording should be returned to):
Name: Brenda M. Saavedra, Esq.
Address: Greenberg Traurig, P.A.
333 SE 2nd Avenue, Suite 4400
Miami, Florida 33131
Space reserved for Clerk of Court
PARTIAL RELEASE OF COVENANT, EASEMENT
AGREEMENT AND SUPPLEMEMTAL COVENANT
THIS PARTIAL RELEASE OF COVENANT, EASEMENT AGREEMENT AND
SUPPLEMENTAL COVENANT (the "Partial Release") is made and entered into as of the
day of May, 2018, by FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, a
public research university and public body corporate of the State of Florida ("FIU"); NATIONAL
TROPICAL BOTANICAL GARDEN, a corporation chartered by United States Congress
("NTBG"); BETHANY'S HOLDINGS AT HISSAR, LLC, a Florida limited liability company
("Bethany's"); OLIVER'S HOLDINGS AT HISSAR, LLC, a Florida limited liability company
("Oliver's"); SAM'S HOLDINGS AT HISSAR, LLC, a Florida limited liability company ("Sam's"
and together with NTBG, FIU, Bethany's and Oliver's are collectively referred to herein as the
"Owners") and joined in by the HISSAR PROPERTY OWNERS ASSOCIATION, INC., a Florida
corporation ("Association").
WHEREAS:
A. FIU is the owner of Lots 1 through 3, Block 1, of the PLAT OF HISSAR, according
to the plat thereof as recorded in Plat Book 85, Page 4, of the Public records of Miami -Dade
County ("FIU Property").
B. NTBG is the owner of Lots 4 and 5, Block 1, of the PLAT OF HISSAR, according
to the plat thereof as recorded in Plat Book 85, Page 4, of the Public records of Miami -Dade
County ("NTBG Property") and was the prior owner of the FIU Property prior to its conveyance
to FIU on March 28, 2015 by Special Warranty Deed recorded April 8, 2015 in Official Records
Book 29571, Page 1069, of the Public Records of Miami -Dade County, Florida ("FIU Deed").
C. Bethany's is the owner of Lot 6, Lot 8, and the Westerly 51 feet of Lot 9, Block 1,
of the PLAT OF HISSAR, according to the plat thereof as recorded in Plat Book 85, Page 4, of
the Public Records of Miami -Dade County ("Bethany's Original Property") and it is also the
owner of that portion of Lot 10, Block 1, of the PLAT OF HISSAR, according to the plat thereof as
Item # 4172- Special Appearance
recorded in Plat Book 85, Page 4, of the Public Records of Miami -Dade County lying southeasterly
of the northeasterly prolongation of the westerly boundary line of Lot 6, Block 1, of said PLAT OF
HISSAR ("Bethany's Portion of Lot 10" and together with Bethany's Original Property shall be
collectively referred to herein as "Bethany's Property"). Bethany's Portion of Lot 10 was
conveyed to Bethany's by the Association pursuant to Warranty Deed recorded February 3, 2015
in Official Records Book 29487, Page 2372, of the Public Records of Miami -Dade County, Florida.
D. Sam's is the owner of Lot 7, Block 1, of the PLAT OF HISSAR, according to the
plat thereof as recorded in Plat Book 85, Page 4, of the Public Records of Miami -Dade County
("Sam's Property").
E. Oliver's is the owner of Lot 9 less the Westerly 51 feet thereof, Block 1, of the PLAT
OF HISSAR, according to the plat thereof as recorded in Plat Book 85, Page 4, of the Public
Records of Miami -Dade County ("Oliver's Property").
F. The Association is the owner of Lot 10 (less Bethany's Portion of Lot 10), Block 1,
of the PLAT OF HISSAR, according to the plat thereof as recorded in Plat Book 85, Page 4, of
the Public Records of Miami -Dade County ("Association's Property").
G. The FIU Property, the NTBG Property, Bethany's Original Property, Sam's
Property and Oliver's Property are collectively referred to herein as "Lots 1 through 9" and the
Association's Property and Bethany's Portion of Lot 10 are collectively referred to herein as "Lot
10".
H. Pursuant to that certain Covenant dated May 14, 1968 and recorded on March 19,
1969 in Official Records Book 6329, Page 619, of the Public Records of Miami -Dade County,
Florida (the "Covenant"), the then owners of Lots 1 through 9 and Lot 10 granted to the City of
Miami ("City") a perpetual right of access in, over and under and across Lot 10, designated as a
private access way and utility easement on the Plat of Hissar, for all proper public purposes
("Public Access & Utility Easement").
The Covenant was subsequently supplemented by that certain Easement
Agreement and Supplemental Covenant dated February 25, 1971 and recorded on April 16, 1971
in Official Records Book 7187, Page 803, of the Public Records of Miami -Dade County, Florida
("Easement and Supplemental Covenant"),
J. The Covenant was executed by the then owners of Lots 1 through 9 and Lot 10
before the Plat of Hissar was recorded on August 22, 1968 and was made and accepted by
Miami -Dade County as a condition for obtaining a variance from subdivision regulations and was
made and accepted by the City as a condition for obtaining a variance from a City ordinance
requiring street frontage.
K. Pursuant to Paragraph 1 of the Covenant, the then owners of Lots 1 through 9 and
Lot 10, agreed for themselves, their heirs, representatives of their estates, their assigns and
successors, as the owners of all of the subdivision known as Hissar, "that no building, structure
or other use be put to said Lot 10" because Lot 10 was created and designated on the Plat of
Item # 4172- Special Appearance
Hissar as a private access way and utility easement and was also designated as a non -buildable
site on the plat ("Building Restriction").
L. Pursuant to Paragraph 2 of the Covenant, the then owners of Lots 1 through 9 and
Lot 10, agreed for themselves, their heirs, representatives of their estates, their assigns and
successors, as the owners of all of the subdivision known as Hissar, that title to Lot 10 would be
held in the Association and that such Lot 10 would serve all of the owners of the property within
the Plat of Hissar as a private access way and utility easement.
M. Pursuant to the Easement and Supplemental Covenant the Association as the then
owner Lot 10 granted to the then owners of Lots 1 through 9 a perpetual easement over and
across Lot 10 for private access way and utility easement and for the purpose of ingress and
egress of said lot owners and their guests and invitees ("Private Access & Utility Easement").
N. In connection with the Association's transfer and conveyance to Bethany's of
Bethany's Portion of Lot 10, NTBG as the owner of the NTBG Property (i.e. Lots 4 & 5) and the
prior owner of the FIU Property (i.e. Lots 1 through 3) executed that certain Release of Easements
and Other Rights recorded February 3, 2015 in Official Records Book 29487, Page 2374, of the
Public Records of Miami -Dade County, Florida ("Release") whereby NTBG released all of its right,
title and interest in Bethany's Portion of Lot 10, including all of its rights to such property as were
reflected in any and all documents that were recorded in the Public Records of Miami -Dade
County prior to the recording of the Release, which would include any and all rights in favor of the
owners of Lots 1 through 5 contained in the Covenant and in the Easement and Supplemental
Covenant.
O. Pursuant to the FIU Deed, FIU took title to the FIU Property including any
appurtenant easement rights over Lot 10 in favor of the FIU Property SUBJECT TO the terms,
conditions and limitations contained in the Release which would mean that FIU as successor in
title to NTBG is bound by the terms of the Release whereby all of its rights with respect to
Bethany's Portion of Lot 10 have been released.
P. Notwithstanding that NTBG and FIU (as successor of NTBG) have released all of
their rights to Bethany's Portion of Lot 10 pursuant to the Release, they are executing this Partial
Release to acknowledge to the City of Miami that they agree to the terms of this Partial Release
as it pertains to Bethany's Portion of Lot 10.
Q. Since Bethany's Portion of Lot 10 is no longer owned by the Association and
Bethany's intends to replat such property along with other portions of Bethany's Property into a
new plat called HISSAR GROVE ("Hissar Grove Plat") which plat is currently being prosecuted
by Bethany's with the City and will ultimately be recorded in the Pubic Records of Miami -Dade
County, Florida, then in connection with the Hissar Grove Plat the parties hereto desire to release
all of their right, title and interest in and to (i) the Building Restriction contained in Paragraph 1 of
the Covenant affecting all of Lot 10 but only with respect to Bethany's Portion of Lot 10 and (ii)
the Private Access & Utility Easement contained in the Easement and Supplemental Covenant
burdening all of Lot 10 but only with respect to Bethany's Portion of Lot 10.
Item # 4172- Special Appearance
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged:
1. The Owners and the Association hereby (i) agree that the above recitals are true
and correct and incorporated herein by reference, (ii) to the extent not previously released by the
Release, release all of their right, title and interest in and to the Building Restriction only with
respect to Bethany's Portion of Lot 10, and (iii) to the extent not previously released by the
Release, release all of their right, title and interest in and to the Private Access & Utility Easement
with respect to Bethany's Portion of Lot 10. Accordingly, the Covenant and the Easement and
Supplemental Covenant are hereby partially canceled, terminated, extinguished and partially
released, and shall have no further force or effect only with respect to Bethany's Portion of Lot 10
and shall continue to remain effective with respect to all of the remaining property burdened
thereby.
2. The City of Miami (by its acknowledgment of this instrument) agrees that the Public
Access & Utility Easement over Lot 10 as contained in the Covenant is one and the same and
thereby superseded by the one created in the Plat of Hissar and therefore once the City approves
the vacation and closure of the public rights created in the Plat of Hissar with respect to Bethany's
Portion of Lot 10, such approval shall be deemed a simultaneous approval of the City's release
of the Public Access & Utility Easement contained in the Covenant with respect to Bethany's
Portion of Lot 10.
3. The Owner, the Association and the City of Miami (by its acknowledgment of this
instrument) hereby agree and direct the Clerk of the Court, Miami -Dade County, Florida, to
partially release the Covenant and the Easement and Supplemental Covenant of record as set
forth herein. This Partial Release shall not be deemed effective as against the City until the City
approves the vacation and closure of the public rights which were created in the Plat of Hissar
(Plat Book 85, Page 4) with respect to Bethany's Portion of Lot 10, approves the Hissar Grove
Plat and such plat is recorded in the Public Records of Miami -Dade County, Florida.
Item # 4172- Special Appearance
[SIGNATURE PAGES TO FOLLOW]
Item # 4172- Special Appearance
IN WITNESS WHEREOF, the parties have caused this Partial Release to be executed as of the
day and year first above written.
WITNESSES:
FLORIDA INTERNATIONAL UNIVERSITY
BOARD OF TRUSTEES, a public research
university and public body corporate of the
State of Florida
Print Name
By:
Name:
Title:
Print Name
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
2018, by , as of FLORIDA INTERNATIONAL
UNIVERSITY BOARD OF TRUSTEES, a public research university and public body corporate of
the State of Florida, on behalf of said university. S/He is personally known to me or has produced
as identification.
[Notary Seal]
Name:
Notary Public, State of Florida
My Commission Expires:
Item # 4172- Special Appearance
WITNESSES:
Print Name
Print Name
STATE OF )
SS:
COUNTY OF )
NATIONAL TROPICAL BOTANICAL
GARDEN, a corporation chartered by
United States Congress
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2018, by , as of NATIONAL TROPICAL
BOTANICAL GARDEN, a corporation chartered by United States Congress, on behalf of said
coroporation. S/He is personally known to me or has produced
as identification.
[Notary Seal]
Name:
Notary Public, State of
My Commission Expires:
Item # 4172- Special Appearance
WITNESSES:
Print Name
Print Name
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
BETHANY'S HOLDINGS AT HISSAR, LLC,
a Florida limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of ,
2018, by , as of BETHANY'S HOLDINGS AT
HISSAR, LLC, a Florida limited liability company, on behalf of said limited liability company. S/He
is personally known to me or has produced as identification.
[Notary Seal]
Name:
Notary Public, State of Florida
My Commission Expires:
Item # 4172- Special Appearance
WITNESSES:
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
SS:
OLIVER'S HOLDINGS AT HISSAR, LLC, a
Florida limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of ,
2018, by , as of OLIVER'S HOLDINGS AT
HISSAR, LLC, a Florida limited liability company, on behalf of said limited liability company. S/He
is personally known to me or has produced as identification.
[Notary Seal]
Name:
Notary Public, State of Florida
My Commission Expires:
Item # 4172- Special Appearance
WITNESSES:
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
) SS:
)
SAM'S HOLDINGS AT HISSAR, LLC, a
Florida limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged
2018, by , as
LLC, a Florida limited liability company, on behalf
personally known to me or has produced
[Notary Seal]
before me this day of
of SAM'S HOLDINGS AT HISSAR,
of said limited liability company. S/He is
as identification.
Name:
Notary Public, State of Florida
My Commission Expires:
Item # 4172- Special Appearance
APPROVED AND ACCEPTED THIS _ DAY OF
, 2018 BY THE CITY OF MIAMI,
FLORIDA, a municipal corporation:
, Zoning Administrator
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
, City Attorney
Item # 4172- Special Appearance