KGTC LLC (the “Owner”) is the owner of the properties located at 7125, 7135 and 7145 Carlyle Avenue; 7100, 7108, 7118, 7134 and 7144 Byron Avenue; and 527 71 Street legally described in Exhibit “A” (the "Properties"). 
 
As shown on the Plat of Normandy Beach South, recorded in Plat Book 21, at Page 54, of the Public Records of Miami-Dade County, Florida (the “Plat”), there is a 10-foot easement running in the North/South direction down the center of the Property (the “Platted Utility Easement”).  There is a 10-foot easement running in the East/West direction of the northern 10 feet of Lots 5 and 8 on the Property in favor of the City of Miami Beach recorded November 2, 1948 in Deed Book 3074, at Page 42 of the Public Records of Miami-Dade County (the “City Private Easement”).

The Platted Utility Easement is composed of water facilities, and the City Private Easement is composed of electrical and water facilities.

The Platted Utility Easement and the City Private Easement are located within an area of the Property on which the Owner intends to construct a multistory mixed-use development (the "Development").

Owner’s application for the Development has been approved, subject to the terms and conditions set forth in that certain City Design Review Board Corrected Order, recorded in O.R. Book 31700, at Page 465, of the Public Records of Miami-Dade County.

The Owner has consulted the Public Works Department to coordinate the potential relocation and/or termination of these easements, and any others that may run in favor of the City burdening the Property, as part of the development permitting process.

The Owner has requested that the City release its interest in the Platted Utility Easement, in favor of a current replacement easement by instrument.  Owner has also requested that the City terminate and release the City Private Easement, and to work with the owner to relocate any and all utility facilities at the property and to negotiate and accept replacement easements benefiting the City, as necessary.

The Owner shall be responsible for the relocation, removal, recording in public records, and any and all associated costs relating to the termination and/or replacement of such easements.

Accordingly, the City Manager recommends authorizing the Mayor and City Clerk to execute the  termination and release of easement attached to this City Commission memorandum provided that the owner conveys to the City any easement rights on the approved Development which the City Manager, in his reasonable discretion, deems necessary on behalf of the City and for the benefit of KGTC LLC, owner of the Property located at 7125, 7135 and 7145 Carlyle Avenue; 7100, 7108, 7118, 7134 and 7144 Byron Avenue, and 527 71 Street.