HomeMy WebLinkAboutSubmittal - Richard Alayon - Declaration of Easement•
6/24/2016
Miami -Dade Official Records - Print Document
Submitted into the public
record fir ite (s) ) 2 . X
on 1 Bash 12. City Clerk
1988, AUG- 25 ON 54 8 6• R 2 8 8 7 4 4
SHE 129991$ 326
PEGj.J RAT IgN OF EASEMENT
THIS DECLARATION OF EASEMENT executed thin 18th day of
August, 1986, by INTERCONTINENTAL INVESTMENT BANKERS, INC., a
Florida corporation (hereinafter referred to as "GRANTOR");
Wi T N E S 8 E, T Hs
WHEREAS, GRANTOR is the record fee simple title owner of
the two parcels of real property destribed upon Exhibits "A" and
"B" attached hereto and made a part hereof; and
WHEREAS, simultaneously with the execution hereof, GRANTOR
is executing A mortgage In favor of FLORIDA NATIONAL BANK, a
National banking association, to secure a note in the original
principal sum of •1,600,000.00, and encumbering the reel
property dwseribed upon Exhibit "A" ("THE MORTGAGED PROPERTY");
and
WHEREAS, THE MORTGAGED PROPERTY, described upon Exhibit
"A," does not abut or lice contiguous to any public road or
street but is contiguous and adjacent to, on its Easterly
boundary, the real property described upon Exhibit "B" ("THE
BERVIQNT PROPERTY"); and
WHEREAS, in order to provide for, and to insure unto, the
said FLORIDA NATIONAL BANK (hereinafter referred to as
"GRANTEE"), a right of access to and from THE MORTGAGED
PROPERTY, in the event said GRANTEE or it* nuccessors or
assigns should acquire title thereto by virtue of the
foreclosure of its mortgage, or by deed in lieu thereof; and
WHEREAS, GRANTEE would not make nor -disburse the proceeds
of its aforesaid loan without the execution and recordation of
this Declaration of Easement;
NOW, THEREFORE, in consideration of the foregoing, and
other good and valuable consideration, the receipt and
sufficiency thereof is hereby acknowledged by GRANTOR,
GRANTOR DOES HEREBY grant, bargain, sell, declare and
rescerve unto *aid GRANTEE, and
including, but not limited to,
eel* of THE MORTGAGED PROPERTY
GRANTEE'S successors and assigns,
any purchaser
at a foreclosure
rwsultinQ from a foreclosure of
1
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Miami -Dade Official Records- Print Document
ilk: 12999PC 327
GRANTEE'S mortgage, a temporary non-exclusive easement for the
purpose of pedestrian and vehicular ingress and egress and for
installation and maintenance of public utiltles, whether
underground. surface level or above surface level, and for all
other lawful purposes, in and upon, Over, across, under and
above a 40 foot strip of land lying within THE SERVIENT PROPERTY
(described upon Exhibit,"B" attached hereto), which 40 foot strip
of land runs Northerly from N.W. 7th Street, and then
Northwesterly and Westerly to where it abuts THE MORTGAGED
PROPERTY (described upon Exhibit "A" attached hereto), said 40
foot strip of land being more particularly described as follows,
That part o4 Tract No. 2 of PLAT OF THAT PORTION OF
THE SOUTHEAST 1/4 of SECTION 31, TOWNSHIP Z3 SOUTH,
RANGE 41 EAST, LYING SOUTH AND SOUTHEAST OF TAMIAMI
CANAL, according to the Plat thereof, recorded in Plat
Book 28, at Pape 10, of the Public Records of Dade
County, Florida, and described as follows,
Commence at the Concrete Monument set in the pavement
of Northwest 7th Street at the Southeast corner of.
said Section 31' thence run North O1-. 38' 30" East
along the East line of said Section 31, the same being
the East line of said Tract 2 and also the zoned
centerline of Northwest 47th Avenue for a distance of
40.02 feet' thence West along a line being 40.00 feet
North of and parallel with the South line of said
Section 31 for a distance of 1134.00 feet to the Point
of Beginning of a 40 foot strip of land lying equally
and 20 feet on each side of the following described
centerline (shortening or extending the side thereof so
as to create a continuous strip of land)' thence run
North 01� 30' 30" East for a distance of 219.6E *wet to
a Point of Curve to the left' thence Northerly and
Westerly along the arc of said curve, being concave to
the Southwest, having a radius of SO net and a central
angle of 91- 3B' 30" for an arc distance of 79.97 feet
to a point of tangency' thence run West for a distance
of 326.46 feet to a point of intersection with the Eliot
boundary of THE MORTGAGED PROPERTY, said point being
the termination of said center line.
GRANTOR does further agree as follows,
1. Thr*recitals hereinabove contained are trueand
correct.
2. The easement hereby granted shall become permanent and
shall be an easement appurtenant to THE MORTGAGED PROPERTY, and
shall run perpetually with the land upon THE BERVIENT PROPERTY,
upon the GRANTEE, its successors
and assigns, becoming the owner
of THE MORTGAGED PROPERTY, whether by foreclosure or by deed in
2 Submitted into the public
record for item(s) PZ.8
on 10/25/18, City Clerk
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6/24/2016
Miami -Dade Official Records - Print Document
We. L 2999PG 328
lieu thereof, or otherwise. Upon the easement becoming perma-
nent as aforesaid, the GRANTEE shall have the right to grant to a
third party (such as a utility company, fire department, police
department or any other governmental department) a non-exclusive
easement for the purpose of pedestrian and vehicular ingress and
egress; and underground, on ground or above ground, a non-exclu-
sive easement for utility installation and maintenance, upon,
over, under, across or above any portion of the above -described
40 foot easement area.
3. Upon satisfaction and discharge of record, by an
appropriate satisfaction of mortgage instrument, of the BRANTEE'B
mortgage encumbering THE MORTGAGED PROPERTY, the easement herein
and hereby granted and declared shall be deemed to have been
terminated and cancelled.
4. The GRANTOR agrees that so long ws this easement i* in
effect, not to place any structures or improvements of any kind
in or upon or over the 40 foot easement area as described
herein.
d. In the event that the easement hereby granted and
declared shall become fully operative, in the manner as afore-
said, GRANTEE, its successors and assigns, including any
purchaser at a foreclosure sale of the GRANTEE'S mortgage, shall
have the right to remove any obstruction which may now or here-
after lie or be within the 40 foot easement area described
herein.
b. The provisions of this Declaration of E t shall be
binding upon the GRANTOR and its successors and assigns and
shall be a covenant running with and binding upon THE SERVIENT
PROPERTY.
IN WITNESS WHEREOF, the GRANTOR .has caused this Declaration
3
Submitted into the public
record for item(s) PZ.8
• on 10/25/18, City Clerk
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6/24/2016
Miami -Dade Official Records - Print Document
129999G 329
of Easement to be srecuted the day and year first above written.
Bigned, sealed and delivered
in the presence of.
STATE OF FLORIDA )
)ss'
COUNTY OF DADE
GRANTOR'
INTERCONTINENTAL I
,BANKERS, INC.
Car aL i�ne Wei es
The foregoing instrument was acknowledged before me this
lath day of August, 19a6, by Caroline Weiss, as President of
INTERCONTINENTAL INVESTMENT BANKERS, INC. a Florida
corporation, on bah-mil-4 of the eorporat
My Commission E>r p i res%
y Pub
at Larg
•
n NOTANY Punl [c SEATS or ammo%
R7 tannir.ston ).t ')
WNW) TMp11 4e MLIAL asi. lllJ.
4
Submitted into the public
record for item(s) PZ.8
on 10/25/18, City Clerk
hops://www2.m iami-dadeclerk.com/public-records/PrinlDocument.aspx?QS=YaoUfOzxry3M RCvprh6POIPFH E91OH%21gUjxEJhl0Jtsjgv7ORkHhuUm2rAVV... 4/6
6/24/2016
Miami -Dade Official Records - Print Document
U: 129996 330
Attached to and being part of Declaration of Easement dated
August 18. 19B6,' executed by INTERCONTINENTAL INVESTMENT
BANKERS, INC., a Florida corporation
LEGAL DESCRIPTION
That Part )f Tract No. 2 of "PLAT OF THAT PORTION OF THE
SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 53 SOUTH. RANGE 41
EAST, LYING SOUTH ,\ND SOUTHEAST OF THE TAMIAMI CANAL,"
according co the Plat thereof, as recorded in Plat Book
28, at Pag•: 10, of the Public Records of Dade County,
Florida; lying and being in the City of Miami, Dade
County, Florida; and being more particularly described
as follows:
Commence at a concrete monument set in the pavement of
Northwest 7th Street at the Southeast corner of said
Section 31; thence run N 01°38'30" Ealong the East line
of said Section 31, the same line being th.e East line of
said Tract No. 2, and also zoned centerline of Northwest
47th Avenue for a distance of 40.02 feet; thence West
along a line being 40.00 feet North of and parallel with
the South line of said Section 31, for a distance of
1510.63 feet; thence N 01°38'30" E for a distance of
245.10 feet to the POINT OF BEGINNING of the parcel of
land hereinafter described; thence West for a distance
of 593.67 feet to a point; thence N 01 38'30" E, parallel
with the East line of said Tract No. 2 for a distance of
209.40 feet to a point on a curve of the South right-of-
way line of TAMIAMI CANAL as platted; thence Northeast-
erly along the arc of said curve to the left, being con-
cave to the Northwest and having a radius of 1395.08 feet
and a central angle of 29°56'41" for an arc distance of
729.11 feet to a point of intersection with a line 1510.63feet
West of and parallel with the East line of said Tract No.
2; thence S 01°38'30" W for a distance of 601.61 feet to
the Point of Beginning.
EXHIBIT "A"
Submitted into the public
record for item(s) PZ.8
on 10/25/18, City Clerk
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Submitted into the public
record for item(s) PZ.8
on 10/25/18, City Clerk
6/24/2016
Miami -Dade Official Records - Print Document
1290D .131
Attached to and being port of Declaration of Easement dated
August 19, 1986, executed by INTERCONTINENTAL INVESTMENT
BANKERS, INC., a Florida corporation
That part of Tract No.2 of 'PLAT OF THAT PORTION OF THE SOUTHEAST 1/4
OF SECTION 31, TOWNSHIP 53 BDUTH. RANGE 41 EAST. LYING SOUTH AND
6.JUTHEAST OF TAMLAMI CANAL, according to the plat thereof a■ rocordod
in Plat Book 28 at Page 10 of the Public Records of Dade County,
Florida; lying and tolling in the City of Miami. Dodo County, Florida,
Communes at they Concrete Monument sit in the pavement of Northwest
7th Street at the Southeast corner of said Election 31; thence run
N.O1 38'30"E. along the East lino oaf said Section 31. the same lino
-being the East line of said Tract Nd.2 and also the zoned
centerline of Northwest 47th Avenue for a distance of 40.02 feet;
thane* NEST along a lino being 40 fast North of and parallel with the
South lino of said eviction 31 for 1114.00 fact to the POINT OF
BEGINNING of the parcel of land hereinafter doscribodp thence
continue WEST along the loot described lino for 130.00 fest; thence
N.01 36'30"E. parallel with thy oast line of said Section 31 for
145.10 4e0t7 thence WEST for 160.00 feet; thence N.01 3B'30"E. for
100 feet) thence WEST 106.63 feet; thence N.01 38' 30"E. f o-
601.61 feet to a point on a circular curve, said point beard
5.47 55'12'W. form the center of the following described
curvet thence NORTHEASTERLY along the arc o4 said curve.
being concave to the Northwest, having a radius of 1395.08
f ont and a central angle of 00 13'53" for an arc distance of
5.64 feet to •point of tengoncyI thence N.41 50'55"E. for
.06.21 feet to * point of curvet thence
Ncrthoasterly-Southerly ♦;ono the arc of said curve to the richt,
being concave to the Southwest and havino a radiuw of 50.00 foot and
a control angle of 141 39'05" for an arc distance of 123.61 feat!
thence 5.03 30'00"W. for 386.21 feet to a point of curve, thence
S outheasterly -Northeasterly along the arc of amid curve to the left.
owing concave to the Northwest and havino a radius 4f 45.00 feet
and a central -angle of 160 16'10" for an arc distance of 125.67 foot'
thence BDUTH for 242.27 feet, thence EAST for 154.92 feet; thence 6.
01 38'30"W. for 245.10 feet to the Point of 8eginninc.
AND -
_
Tnat part of Tract No.2 of PLAT OF THAT PORTION Or THE
SOUTHEAST 1/4 OF SECTION 31. TOWNSHIP 53 SOUTH. RANGE 41
EAST. LYING SOUTH AND SOUTHEAST OF TAMIAMI CANAL. •ccordang
'to the plait thereof es recorded in Plat Book 20 •t Patio 10 o4
the Public Records o4 Dads County, Florid•; lying and being
in the Cite of Miami, Dade County, Florida. being more
oarttcularly described as 4ollowet
Commence at the Concrete Monument set in the P t of
Northwteitt 7th-Street -sit the Boutheraet Corner of said Section
311 thence HEST along the South line of ■mid section 31 for
1114.00 faed thence N.01 38'30'E. parallel with tow East
line of said Seetlo. 31 for 2Rs. feet to the point 04
beoinning of the piercer of landxner.inafter described, thence
wZST oar•11e1 with the South line of said Section 31 for
154.92 feeti thence NORTH for 242.27 feet to the l9tersect'en
with the arc of a circular curve, said peon; boars 8.66
46'10'E. from the' center of the following 1.. 'ribe4 t,
thence NORTHEASTER,along .n• arc of said curve, being
concave to the Nor Th..**t. hay.ne . radium of 45 Feet and a
central angle.of 14 43'5O' for an arc distance of 11.57 feet
to • point .4 reverse curve; thence NORT)45A9TERLY alone the
arc of said curve' towing Concave to the Scuth.ast. having •
radius of 190 feet and a central angle of 69 Ql'27' for an
arc distance of 773.93 f..t to a octant of compound. curves
thence EASTERLY-SOUTI•ERLY along the arc of said curve. botnu
concave to the Southwest. having a radtur 50 feet a<nd a•
central angle Of 90 57.11» for an arc di.t•anCe of 86.35 !set
to a point of tan+Ieney, thanes 5.04 32'49"E, for 1,54..14 feet
to a point of curve of circular curve to the lofts thence
60UTMERtve-'ATaTERLY along.the arc of said CLirve, being concave
to the Northsaet., havino„ a rsa1ivs of 45 feet and a central
angle of 73 27'00' for an distance of 57..69 foot to • point
o4 tangency; thence 8.77' 59'57`E. for 65.47 feet to a point
of curve of • circular curve to the leftf ',thane E_ EASTERLY,
NORTHEASTERLY. along the arc of said curve. being'concave to
the North. having a radius of 33 feet and • centrl •11110190 O►
32-4.4:'I0` for an distance of 32.L2 fest., thence 9.40 -4' 2.% E.
alone • line radial to the lest described curve foe 31.?2
feet, thence EAST for 170.5E feet* thence ,GOUTH for 142.17
foot' thence WEST for 3115.113 feet to the point o1 beginning.
1 X11.1 IT "11"
attbllO.O I. O,VICIAL alaaoa MOR
o► CAN canny, v(oe.01
piccolo ,@a4o
RICHARD P. Blttlf>3A
CLERK CIRCUIT COURT
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