Resolution Zoning 00-Z- 48 - Laserfiche WebLink

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.~ ~~~ 19542 PG, 2388 ... EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Agreement") is made and entered into this ~ day of February, 2001, by and between MANDALA Y, L.L.c.., a Florida limited liability company (hereinafter referred to as "Grantor"), having a post office address of 1110 Brickell Avenue, 7th Floor, Miami, Florida 33131 and THE CITY OF SUNNY ISLES BEACH, a municipal subdivision of the State of Florida (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor is fee simple title owner and developer of the following described property, lying and being situate in Miami-Dade County, to wit: Lots 95 and 96, and riparian rights thereto, of Tatum's Ocean Beach Park, according to the plat thereof, recorded in Plat Book 50 Page 76. with an address of 16275 Collins Avenue, Sunny Isles Beach; Florida (hereinafter referred to as the "Property") and, WHEREAS, the Grantor is desirous of giving assurance to the Grantee that the property will be developed substantially in accordance with the spirit and intent ofthe plans submitted to the City Commission ofthe City of Sunny Isles Beach for a public hearing wherein the zoning and use ofthe subject property has been approved, unless said plans are modified and/or changed as a result of a public hearing or other appropriate action by the City; and WHEREAS, in connection with Grantee's approval of the project, Grantor has agreed to grant and create, and Grantee desires to obtain, on the terms and conditions hereinafter set forth, Access Easements (as hereinafter defined) over and across the respective property for purposes hereinafter set forth; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged Grantor and Gtantee hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein. 2. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement (the "Easement") in favor of Grantee for streetscape and underground utilities solely as it pertains to the area located between six (6) and ten (10) feet on Collins Avenue, as necessary, ofthe Property. Grantor further grants to Grantee the right, at any time and from time-to-time to: (a) Construct, maintain and replace utilities, including, without limitation, water, sanitary sewer, storm sewer, telecommunication and electric distribution \74013\12656\#334213 vI 1/3 1/0 I I ...... .... .. If) ...... N ...... Q:: <I: :E: ..... '=' '=' N 00 'N ''P'I 'P'I " 'P'I o ~ t