HomeMy WebLinkAboutSubmittal - Richard Alayon - Declaration of EasementI
•
Submitted into the public
record f r item(s)
6/24/2016 Miami -Dade Oficial Records - Print Document on City Clerk
.
ON. AUG- 25 YON 30 S4 86R288744
live 12999PO 326
THIS DECLARATION OF EASEMENT executed thin 18th day of
August, 1986, by INTERCONTINENTAL INVESTMENT BANKERS, INC., a
Florida corporation (hereinafter referred to as "GRANTOR");
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
to 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 real
property described upon Exhibit "A" ("THE MORTGAGED PROPERTY"))
and
WHEREAS, THE MORTGAGED PROPERTY, described upon Exhibit
"A," does not abut or lie 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")l 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 Its successors or
assigns shoUld acquire title thereto by virtu• of the
foreclosure of its mortgage, or by deed in lieu thsreofi and
WHEREAS, GRANTEE would not make nayr-disburse the proceeds
of its aforesaid loan without the execution and recordation of
this Declaration of Eassmentl
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
reserve unto said GRANTEE, and GRANTEE'S successors and assigns,
including, but not limited to, any purchaser at a foreclosure
sale of THE MORTGAGED PROPERTY resulting from a foreclosure of
1
haps:lMrww2.miam i-dadecierk.com/public-records/PrintDocument.aspx?QS=YaoUfOzxry3M RCvprh6POlPFH E91QH %2fgLtjxEJhIOJlsjgv7ORkH huUm2ndW... 1/6
4S -o - &tar AA -1 - VA &wj M Ayon -WAeA4'0,) (z� EASe�,on+
6/24/2016
Ll
Miami -Dade Official Records - Print Document
Rik 12999F0 327 Ile
GRANTEE'S mortgage, a temporary hon -exclusive s&soment for the
purpose of pedestrian and vehicular ingress and *gross and for
installation and maintenance of public utiltiss, whether
underground, surface level or &bows surface level, and for all
other lawful purposes, in and upon, aver, 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 Strout, and then '
Northwoetorly and Westerly to where it abuts THE MORTGAGED
PROPERTY (dancribsd_upon Exhibit "A" attached hereto), *aid 40
foot strip of land being more particularly described as follows,
That part of Tract No. 2 of PLAT OF THAT PORTION OF
THE SOUTHEAST 1/4 of SECTION 31, TOWNSHIP B3 SOUTH,
RANGE 41 EAST, LYING SOUTH AND SOUTHEAST OF TAMIAMI
CANAL, according to the Plat thereof, recorded in Plat
Book 28, at Pago 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 311 thence run North 01- 38' 30" East
along the East line of said Section 31, the %&me 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 foot
North of and parallel with the South line of Hasid •
Baection 31 for a distance of 1134.00 feet to the Point
of Beginning of a 40 foot strip of land lying equally
and 20 foot on each %ids of the following described
centerline (shortening or •»tending the side thereof sa
as to crests a continuous strip of land)l thence run
North 01- 3S' 30" East for a distance of 219.63 f mot to
o Point of Curve to the left) thane* Northerly and
Westerly along thew arc of said curve, being concave to
the Southwesti having a radius of SO not and a central
angle of 91- 39' 30" for an arc distance of 79.97 fest
to s point of tangencyl thence run West for a distance
of 326.46 feet to a point of Intersection with the East
boundary of THE MORTGAGED PROPERTY, said point being
the termination of said center line.
GRANTOR does further agree as follows•
1. The*recitals hereinabove contained are trueand
correct.
2. The eaoement hereby granted shall become permanent and
shall be an *&moment appurtenant to THE MORTGAGED PROPERTY, and
shall run porpetually with the land upon THE SERVIENT PROPERTY,
upon the GRANTEE, its ouccoseor s and assigns, becoming the owner
of THE MORTGAGED PROPERTY, whether by foreclosure or by dood in
2 Submitted into the public
record for item(s) PZ.8
on 10/25[18, City Clerk
11
ht(ps)hvww2.m ami-dadederk.com/public-re=(ds/PrjrdDocL nert.aspx?QS=YaoUfOzxry3MRCvprh6POlPFHE9IQH°to2fgLgxEJhIOJtsjgv7ORkHhuUm2r4K.. 2/6
6!24/2016
•
•
Miami -Dade Official Records - Print Document
IIfC: 129991`0 328
lieu thereof, or otherwise. Upon the easement becoming perms-
nont as aforesaid, the GRANTEE shall have the right to grant to a
third party (such as a utility company, firs 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 GRANTEE'B
mortgage encumbering THE MORTGAGED PROPERTY, the easement heroin
and hereby granted and declared shall be doomed to have been
terminated and cancelled.
4. The GRANTOR agrees that so long as this easement to 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 became fully operative, in the manner as afore-
said, GRANTEE, its successors and awaigns, 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 Its or be within the 40 foot eawement area described
herein.
b. The provisions of thin, Declaration of Easement shall be
binding upon the GRANTOR and its successor* and assigns and
shall be a covenant running with and binding upon THE SERVIENT
PROPERTY.
IN WITNESS WHEREOF, the GRANTOR.ha■ caused this Declaration
s
Submitted into the public
record for item(s) PZ -8
on 10/25/18, City Clerk
• ` ,
h"://www2.m iam1-dadecierk.com/public-records/PrintDocument.aspx?QS=YaoUfOzxry3M RCvprh6POIPFH EggQH%2fgLgxEJhIOJtsjgv7ORkH huUm2rxW... 3/6
6/24/2016 Miami -Dade Official Records - Print Document
��:12999PG 329
of Easement to be owecuted the day and year first above written.
Signed, Wooled and del i vared
in theresence of 1 SRANTORi
p
INTERCONTINENTAL INVESTNk)�'
fq�
'6
,BANKERS, INC: area
CarWeiss, Prea3. sdJ ltaai} ,c'
....... 4m
STATE OF FLORIDA >
)ea3
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
19th day of Auqust, 1986, by Caroline Wsiss, as President of
INTERCONTINENTAL INVESTMENT BANKERS, rNC. a Florida
corporation, on bitiiilf of the carporat t)
vit �i s
r� x
Not y Pitb , +� s ix lc+r-id* y
at Larq
My Commission Em p i ress Mur�Ar "U<l. c snn or rtnatnt R "
sl c�Nrrs. s t+r..QV1. e,t 'l Air►aA1
soVatu 7Np11 4eM[pAL asi. ll4J•
Submitted into the public
record for item(s) PZ.8
on 10/25/18, City Clerk
4
https:/twww2.m iami-dadeclerk.com/public-records/PrintDor-ument.aspx?QS=YaoUfOzxry3M RCvprh6POlPFH E91QH%2fgLtjxEJhIGJtsjgv7ORkHhuUm2rxiW... 4/6
•
6/24/2016
Miami -Dade Official Records - Print Document
1. 129990 330
Attaclaad to and being part of Declaration of Eamement dated
Aupuat 143. 1996,'axacuted 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 AND SOUTHEAST OF THE TAMIAMI CANAL,"
according co the Plat thereof, as recorded in Plat Book
28, at Pa K•: 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 01038130•' E along 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 01038130" E for a distance of
245.10 feet to the POINT OF BEGINNING of the parcel of
land hereinafter described; thence Wes6 for a distance
of 593.67 feet to a point; thence N O1 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 2905614L" for an arc distance of
7_'9.11 feet to a point of intersection with a line 1510.63 feet
West of and parallel with the East line of said Tract No.
2; thence S 01038130" W for ;a distance of 601.61 feet to
the Point o'f Beginning.
EXHIBIT "A"
Submitted into the public
record for item(s) PZ.8
on 10/25/18, City Clerk
https:tlwww2.miami-dadecierk.com/public-records/PrintDocument.aspx?QS=YaoUfOzxry3MRCvprh6POlPFHE9IQH%2fgLtjxEJhIOJtsjgv7ORkHhuUm2ndW... W6
6/24/2016
Submitted into the public
record for item(s) PZ.8
on 10/25/18, City Clerk
Miami -Dade Official Records - Print Document
M:12909 '-331 •
Attached to and being part of Declaration of Easement dated
August 18, 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 SOUTH. RANGE 41 EAST. LYING SOUTH AND
S:JUTHEAST OF TAMIAMI CANAL, according to the plat tharsof an rocordad
in Plat Book 26 at Page 10 of the Public Records of Dade County,
Fioridal lying and b$litng in the City of Miami. Dodo County, Florida,
Commence at this Concrete Monument out in the pavement of Northwest
7th Street at the Southeast corner of said Section 311 thence run
N.01 38'30"E. along the East ling of said Bection 31. the same lino
being the East line of said Tract Nd.2 and also the zoned
centarlins of Northwest 47th Avenue far a distance of 40.02 4estl
thence NEST along a line bding 40 fast North of and para12■1 with the
South lino of said Ovation 31 for 1114.00 feet to the POINT OF
BEGINNING of the parcel of land horwtnaftor doscribodl thence
Conti nue WEFT along the Lunt described line for 130.00 fasts thence
N.01 36'3011E. parallel «0th the oast line of said Section 31 4cr
145.10 4a12l7 thence WEST #or 160.00 #ewtt thence N.01 38'3COE. #or
100 4wwts Nonce WEST 106.63 #sats thence N.01 38'30"£. #0-
601.61 feet to a point on a circular curve, said Point board
S.47 55'12'W. form the center of the following described
curvet thence NORTHEASTERLY along the arc of said curve,
being concave to the Northwest. having a radius o4 1395.08
foot and a central angle of 00 13'33" for an arc distance of
5 64 feet to a point of tangwncY1 thence N.41 50'35"E. for
.06.21 feat to a point of curves thence
N=rtheastarly-Southerly *lona the arc of said curve to the r3Cht,
temp concave to the Southwest and havino a radius of 50.00 feat and
a control angle of 141 39'05" for an arc distance of 123.6: fwots
thence S.03 30'00"W. for 366.21 fast to a point of curvwf tnancm
3outhoanterly-Northfeastarly along, the are of amid curve to this Is -ft.
ovine concave to trio Northeast and havino a radius 4f 45.10: foot
and a control angle of 160 16'10' for an arc distance 04 1:5.67 *anti
;hence SOUTH for 242.27 feet$ thence EAST for 154.92 foots thence B.
01 38'30"W. for 245.10 first to the Point of 8oginnina.
_ AND
That Dart o4 Tract Nc.2 of PLOT OF THAT PORTION pC THE
•
SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 41
EAST, LYING SOUTH AND SOUTHEAST OF TAMIAMI CANAL. according
to the Plat therwof as recorded in Plat Book 28 at Page 10 04
the Public Recoreie of Dodo County, Florida; lying and being
"RO"01D'"Wilma `ECOMam
in the Ci t7 of Miami, Dade County. Florida. being acre
OF "of Cour$", ru"80%.
.tco+.o .t.rnso
oar t1 cul ars y described as fol 1 owat
RICRA13D P. BRWKER
Cow.ea+acw at the Concrete_ Monument met in the Pavement of
CLERK CIRCUIT COURT
Northwest 7th- Strowt at thw Bouthwout corner of said Section
311 thwnce WEST along the South line of said section 31 for
1114.001 4*wtl tMrnce N.01 29'30'E. parallel with tpw East
line of said SeCt.1 Do 31 for 2gs f wwt to the point 04
beginning Of the parcel` of landxnwrainafLsr describods there$
w'2ST caresses with the South Slow of said Section 31 for
134.42 #wets thence NORTH for 242.27 feet t.o the lotersoct-.en
with the arc of a circular t:urvs, said point bears 6.66
y
si
46'f0'E. frorf the' CWnter 04 tnw followtno-1-:ribep curve$
thence NORTHEA11TE7w v along .nw arc of said curve, bring
70
concave to the Nrttw Wet. having a radius of 45 Fast and a
m
4 n
central anglw.of 14 43'50' for an arc distancw of 11.57 feet
9 C>
t0 a point ofraver s• curves thence NORT8SASTEALY along the
arc of sat'd curvebeing concave to the Scuthrast, having a
9 O
radlua of 190 fest and a control angle of 69 Q/ "27' for an
:y - to
arc distance of 7723.93 #Part to a point of cora0und, curves
'f j
thence EAST ERLY-SOUTUERLY along the arc Of a►id curva, bwtnv
to
concave to the %mithwest. having w radius 50 foot 4tnd a,
$
central angle 04 99 57.31' for an arc dsstanta of 86.3'e' fart
Z
=.�-C,
to a point of tanV*ncYi thence 5.04 72'44"9. for 1,5+4..14 faint
y
to a point of curve of tireuter curve to the lofts thane•
++ rn
6OUTKEfLV-W%2T'V41_Y ai1cw7q the are of said curve.. bring eA)ncava
� .•
to the Ncwthsart, having, a radlua of 45 #slim grief ar central
-
angle of 73 27'001 41pr acs dietancw tar* 57.49 feat to a palf.t
o♦ tangewicyf thence 8.77' 39'57a19. for 45. 97 fret to a point
of curve 04 a circular curvo to the leltg %thenret E_ASTMV_YW.
NORTHEASTERLY, along the arc Of said curve. being concave to
the North. having a radius of 35 feet and a centrI-angs-a Or
32' 4.x 1 O" f or an distance of 34: t-2 f wstj thence
along a line radial to the lawt described curve foe 31.22
feats thence EAST for 170.513 fewtf thence ,LOUTH for 142.17
fwotl thwoce WKST fix 3115.03 #wet to the point of beginning..
iiX11lRIT "I1"
I�l ee),Irpllllll Il Ille�
https:Awww2.miami-dadeclerk.com/public-records/PrintDocument.aspx?QS=YaoUfOzxry3M RCvprh6POlPFHE9IQH%2fgLtjxEJhIOJtsjgv7ORkHhuUm2ndW... 616