HomeMy WebLinkAboutBack-Up DocumentsPrepared by and return recorded copy to:
City of Miami Department of Resilience and Public Works
Attention: Director, Alan M. Dodd, P.E.
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130-1910
Location: 1500 NW North River Drive, Miami, FL, 33125
Folio No.: 01-3135-011-0050
Area Reserved for Recording
PERPETUAL EASEMENT
THIS EASEMENT made this day of , 2020 by River Landing
Development, LLC., a Florida Limited Liability Company, whose address is 1010 NE 2 a
Avenue, Miami, Florida, 33132, ("Grantor"), to the CITU OF MIAMI, a Florida Municipal
Corporation, its successors and assigns, whose address is 444 SW 21,d Avenue, Miami, FL
33130 ("Grantee").
WHEREAS, Grantor is the owner of fee simple title in and to the property described in
Exhibit "A" (the "Property" A
WITNESSETH, that the Grantor for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration paid, the receipt and sufficiency of which is
hereby aelmowledged, hereby grants unto Grantee, its successors and assigns, a perpetual
easement for public pedestrian ingress and egress over and upon the sidewalk, with full authority
to enter upon the sidewalk, said land lying in Miami -Dade County, Florida, viz:
SEE LEGAL DESCRIPTION AND SKETCH ATTACHED
HERETO AND INCORPORATED BY REFERENCE
HEREIN AS EXHIBIT "B99.
RIGHTS GRANTED TO THE GRANTEE, the Grantee shall have the right of usage
and enjoyment of the easement for public pedestrian ingress and egress purposes. The Grantor
shall construct and maintain sidewalk within the easement area and to clear and keep clear all
trees, undergrowth, and other obstructions that may interfere with the normal ingress and egress
upon the easement by the Grantee, out of and away from the herein Grantee right-of-way and
that the Grantor, its successors and assigns, agree not to build, construct or create nor permit
others to build, construct or create, any buildings or other structures on the herein granted
easement that may interfere with the normal ingress and egress purpose. Grantor further grants
the reasonable right to enter upon adjoining lands of the Grantor for the purpose of exercising the
rights herein granted.
Grantor shall maintain the sidewalk within the easement area in good condition and
repair. Grantor reserves the right to grant other easements within the easement area, and to use
the easement area primarily for Grantor's own benefit, provided such other easements and uses
do not interfere with Grantee's use of the easement area as granted hereby.
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TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns
forever, together with a covenant hereby knowingly, voluntarily and freely given by Grantor not
to sue or to maintain any civil or other claim, demand, cause of action, debt, default, or other
relief against the said Grantee and its successors and assigns from any or all personal injury,
property damage, or diminution of property rights arising from or accruing by virtue of the
Grantor's activities, acts and omissions under this easement and/or construction on and/or
maintenance to the lands, if any, owned by the Grantor, laying adjacent, continuous or abutting
to the lands hereinabove described and the Grantor shall defend title to said lands against all
persons claiming by, through or under said Grantor, and shall indemnify, defend, and hold
harmless the Grantee against any and all claims, costs, expenses, deficiencies, liabilities,
judgments, losses, damages, or suits (including related counsel fees at trial and appellate
proceedings, and court costs) arising from or in connection with the Grantor's activities under
this easement, in whole or in part.
Insurance. The Grantor shall maintain in full force at all times during the term of this
agreement, a commercial general liability coverage affording bodily injury, including death and
property damage with limits of $1,000,000.00 per occurrence, $2,000,000.00 policy aggregate.
The certificate shall include coverage for premises liability, and any other applicable coverage
exposures as applicable, in connection with this easement. The certificate shall reflect a primary
and non contributory basis, and shall reflect the Grantee as an additional insured on this
coverage.
The insurance and easement shall be subject to the approval of the City of Miami Risk
Manager and the City of Miami Attorney. The insurance policy shall be procured and premiums
paid by Grantor. The effective date of the policy shall be prior to or on the effective date of the
Easement and the policy term or any renewals thereof shall remain in effect for the term of the
Easement.
The insurance carrier for the policy must be rated no less than A- as to management and
no less than Class (V) as to strength by the latest edition of Best's Insurance Guide and must be
approved by the City of Miami Risk Manager. Grantee shall be listed as Additional Insured
under the policy. Proof of insurance shall be supplied to the satisfaction of Grantee prior to the
issuance of any permits. A Certificate of Insurance bearing Grantee as "Additional Insured" shall
in no way relieve Grantor of the obligation to add Grantee as "Additional Insured" to the actual
insurance policy. The insurance policy shall provide that Grantee be given at least thirty (30)
days advance written notice of any material changes, cancellation or non -renewal notification of
any policy and, in the event of such material change, cancellation or non -renewal notification,
Grantor shall immediately replace said policy with another policy to the satisfaction of Grantee
with the receipt of a certificate of insurance for such policy by Grantee at least ten (10) days
prior to the effective date of the material changes, cancellation or non -renewal of any policy. In
the event that the Grantee is not in possession of same by such date, then Grantee shall have the
right to immediately secure a similar insurance policy in its name with the total cost of the
premium and all monies that may become due during the term of the easement being charged to
the Grantor and Grantee shall have the right to declare and establish said costs as a lien on
property described herein of Grantor, enforced as any lien provided for under the statutes of the
State of Florida. Grantor agrees to increase from time to time, as required by the City of Miami
Code, the limits of the comprehensive liability insurance policy required to be provided pursuant
to this Easement, upon the written request of Grantee.
F)
This Easement agreement shall be binding upon successors and assigns, personal
representatives, heirs, executors, and administrators, of the parties hereto. This Easement
agreement will be construed under the laws of the State of Florida. Venue in any action or
proceeding between the parties arising out of this Easement agreement shall be in Miami -Dade
County, Florida.
The Grantor's representative below is hereby authorized and directed to execute this
perpetual easement with the Grantee.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and
year first above written.
Signed, sealed and delivered in the presence of:
FIRST WITNESS: COVENANTOR:
RIVER LANDING DEVELOPMENT, LLC,
Sign: A Florida Limited Liability Company
Print Name: By: RL Miami GP, LLC, a Delaware Limited
Liability Company, its General Partner
Address:
SECOND WITNESS: By: H&R REIT HOLDINGS, INC., a Delaware
Corporation, its Managing -Member
Sign:
Print Name:
Address:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Bv:
THOMAS HOFSTEDTER
President
The following instrument was acknowledged before me this day of
20 , by , who is personally
known to me to or who has produced as identification, and who
did (did not) take an oath.
(Signature)
(Print/Type Name)
My Commission Expires:
Serial No., if any:
M
Notary Stamp:
ATTEST:
Todd B. Hannon, City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Victoria Mendez, City Attorney
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CITY OF MIAMI, a municipal
corporation of the State of Florida
Arthur Noriega, V, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Risk Management Department
EXHIBIT A
J.F.CAI j2ESCRIPTION•
Lots 7, 10, 11 and 12 of "ST. JOHN PARK", according to the Plat thereof, as recorded in Plat Book 5, Page
19,
TOGETHER WITH,
Tract "A" of "MAHI SHRINE SUBDIVISION", according to the Plat thereof, as recorded In Plat Book 164, Page 16,
AND,
Tract "A" of "RIVER LANDING", according to the Plot thereof, as recorded in Plat Book 172, Page 5, all of the
Public Records of Miami—Dade County.
LESS AND EXCEPT:
A portion of aforementioned Lot 7 of "ST. JOHN PARK", being more particularly described as follows:
BEGIN at the Northwest corner of said Lot 7; then run Southeasterly along the Northeasterly line of said Lot 7
for a distance of 87.86 feet; thence deflecting to the right for on angle of 178' 26' 55" run Northwesterly
for a distance of 86.91 feet to the point of intersection with the West line of said Lot 7; thence run Northerly
along the West line of said Lot 7 for a distance of 2.55 feet to the POINT OF BEGINNING.
Cel
EXHIBIT B
(Legal and Sketch for Sidewalk Easement)
"RIVER LANDING"
SIDEWALK EASEMENT
LEGAL AND SKETCH
LEGEND, SURVEYOR'S REPORT
AND CERTIFICATE
LEGEND:
(C)
Calculated
(D)
Deed
(M)
Measured
POB
Point of Beginning
PG.
Page
P.B.
Plat Book
U. E.
Utility Easement
1
L-------------------------
SURVEYOR'S REPORT:
-The survey map and report or the copies thereof are not valid without the signature and the original
raised seal of a Florida licensed surveyor and mapper.
-This sketch does not represent a land survey.
-Additions or deletions to survey maps or reports by other than the signing party or parties is
prohibited without written consent of the signing party or parties.
-This document consists of three (3) sheets and each sheet will not be considered full, valid and
complete unless attached to the others.
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY: that the LEGAL AND SKETCH of the property described hereon was made
under my supervision and that the LEGAL AND SKETCH meets the Standard of Practice set forth by
the Florida Board of Professional Land Surveyors and Mappers in Chapter 5J-17 Florida
Administrative Code pursuant to Section 472.027, Florida Statutes. And, that the sketch hereon is true
and correct to the best of my knowledge and belief. Subject to notes and notations shown hereon.
This sketch does not represent a land survey.
LUDOVICI AND ORANGE CONSULTING ENGINEERS INC. LB1012
Q,�, c A,,��
Arturo A. Sosa
Professional Surveyor and Mapper No. 2629
State of Florida
LU®OVICI & ORANGE
CONSULTING ENGINEERS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 1012
329 Palermo Avenue, Coral Gables, Florida 33134
IR Phone; 305-448-1600 I info@ludovici-orange.com
DRAWN: A.J.
CHECKED: T.M.B.
SCALE: AS NOTED
DATE: 05-01-2019
PROJ. : 2001 31 B
EET:
0
OF 3 SH
"RIVER LANDING"
SIDEWALK EASEMENT
LEGAL DESCRIPTION
LEGAL DESCRIPTION:
The North 10 feet of the following described property:
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I
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L-------------------------
Lots 7, 10, 11 and 12 of "ST. JOHN PARK", according to the Plat thereof, as recorded in Plat Book
5, Page 19,
TOGETHER WITH,
Tract "A" of "MAHI SHRINE SUBDIVISION", according to the Plat thereof, as recorded in Plat Book
164, Page 16,
AND,
Tract "A" of "RIVER LANDING", according to the Plat thereof, as recorded in Plat Book 172, Page 5,
all of the Public Records of Miami -Dade County.
LESS AND EXCEPT:
A portion of aforementioned Lot 7 of "ST. JOHN PARK", being more particularly described as
follows:
BEGIN at the Northwest corner of said Lot 7; then run Southeasterly along the Northeasterly line of
said Lot 7 for a distance of 87.86 feet; thence deflecting to the right for an angle of 178° 26' 55" run
Northwesterly for a distance of 86.91 feet to the point of intersection with the West line of said Lot 7;
thence run Northerly along the West line of said Lot 7 for a distance of 2.55 feet to the POINT OF
BEGINNING.
The side lines of said easement are to be extended or shortened to meet at angle and intersection
points in order to form a contiguous strip of land and to terminate at the limits of any boundaries of
aforementioned property.
This document consists of three (3) sheets and each sheet will not be considered full, valid and complete unless attached to the others.
LUDOVICI & ORANGE
CONSULTING ENGINEERS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 1012
329 Palermo Avenue, Coral Gables, Florida 33134
Phone; 305-448-1600 1 infoCludovici-orange,com
DRAWN: A.J.
CHECKED: T.M.B.
SCALE: AS NOTED
DATE: 05-01-2019
PROJ. : 2001:31B
HEET:
KA
OF 3 SH
"RIVER LANDING" i
SIDEWALK EASEMENT
SKETCH TO ACCOMPANY LEGAL
DESCRIPTION ,
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This document consists of three (3) sheets and each sheet will not be considered full, valid and complete unless attached to the others.
LUDOVICI & ORANGE
CONSULTING ENGINEERS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 1012
329 Palermo Avenue, Coral Gables, Florida 33134
ID Phone: 305-448-1600 1 infoCludovici-orange.com
DRAWN: A.J.
CHECKED: T.M.B.
SCALE: AS NOTED
DATE: 05-01-2019
PROJ. : 2001 31 B
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EET:
K
OF 3 SH