HomeMy WebLinkAboutExhibitPrepared 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 33130-1410
Location: 1445 NW I" Place, Miami, FL, 33136
Folio No.: 01-3136-051-0470
Area Reserved for Recording
PERPETUAL EASEMENT
11
THIS EASEMENT made this 'day of �36 2020 by ST. JOHN
COMMUNITY DEVELOPMENT CORPORA 'ON, INC., a Florida Non for Profit
Corporation, whose address is 1324 NW 3rd Avenue, Miami, Florida, 33136, ("Grantor'), to
the CITY OF MIAMI, a Florida Municipal Corporation, its successors and assigns, whose
address is 444 SW 2nd 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")
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 acknowledged, 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 "B".
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 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 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.
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§ 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.
2
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]
3
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:
Witness: _ 'j(.�? 1,!j(f '`(%
Print Naive:
Address:
Witness:
Print Name: l�
Address: .� (,t)
m ate . g
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
GRANTOR:
St. John Community Development Corporation, Inc.,
A Florida Non for Profit Corporation
/ /� /
By:
Eric L, a s
President
The following instrument was acknowledged before me by means of _physical
presence or _ online notarization this i-3111-i day of
e 1®' 20 by Eric L. )Haynes, President of St. John Community
Development Corporation, Inc., a Florida Non for profit Corporation, who is personally known
tome to or who has produced °tpy s .i _t_ LjcC e jj7�c=_., as identification, and
who did (did not) take an oath.
nal Q�-Q
afore)
tin S r42-:
(Print/Type Name) My Commission Expires: 2-j 1 O JZ3
Serial No., if any: �IG-j 300 3
Notary Stamp:
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ATTEST:
By:
Todd B. Hannon, City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
By:
Victoria M6ndez, City Attorney
5
CITY OF MIAMI, a municipal
corporation of the State of Florida
Arthur Norlega V, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Risk Management Department
F:O3:I
LEGAL DESCRIPTION
Lots 2 and 3, in Block 44, of WADDELL'S RESUBDIVISION of Block 44, according to the Plat
thereof as recorded in Plat Book 1, Page 169 of the Public Records of Miami -Dade County,
Florida.
2
SKETCH & LEGAL DESCRIPTION
LEGAL DESCRIPTION:
The West 4 feet of Lots 2 and 3, in Block 44, of "WADDELL'S
RESUBDIVISION OF BLOCK 44", according to the Plat thereof as
recorded in Plat Book 1, at Page 169, of the Public Records of
Miami —Dade County, Florida.
TOGETHER WITH:
The external area of a circular curve lying with Lot 2, in Block
44, of "WADDELL'S RESUBDIVISION OF BLOCK 44", according to
the Plat thereof as recorded in Plat Book 1, at Page 169, of
the Public Records of Miami —Dade County, Florida, said curve
being concave to the Southeast and having a radius of 7 feet
and being tangent to the North line of said Lot 2, in Block 44
and being tangent to a line that lies 4 feet East of and parallel
with the West line of said Lot 2.
Said portions containing approximately 409 square feet.
N.W. 15th STREET
90° 0'31" `CENTERLINE
I� to
20.0
R=7.0089. 9'32"
&8919'29"
LU
A=10.91'
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Ill
LOT 2, BLOCK 44
PLAT BOOK 1, PAGE 169
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PERPETUAL V SIDEWALK EASEMENT
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LOT 3, BLOCK 44
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PLAT BOOK 1, PAGE 169
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89'79'52"
SCALE: 1 " = 30'
I 4. 96.06' — —
LOT 6, BLOCK 44 89*19'54"
25.0' PLAT BOOK 1, PAGE 169
NOTE: This Sketch is NOT A BOUNDARY SURVEY.
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT: in the professional opinion of the undersigned Professional Surveyor and Mapper in the State of Florida,
the following Sketch and Legal Description meets the requirements of the Standards of Practice as set forth by the Florida
Board of Professional Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027, Florida
Statutes. Copies of this Sketch and Legal Description are not valid without the signature and the original raised seal of a Florida
licensed surveyor and mapper.
JacobDigitallysigned
by Jacob Gomlmis
.=IOYA��Of`rr�l1`1 Date: — — — — — — — — — — — — — — — — — — — — — Dated 06/19/20
LB728OCY11Szoz°'os.l9 �JACOB GOMIS
LAND SURVEYORS, INC. 14:18:52-0400
6175 NW 153rd STREET SUITE 321, MIAMI LAKES, FL. 33014 Professional Surveyor & Mapper
PHONE: 305-822-6062 * FAX: 305-827-9669 JB NO. RP-20-0666 State of Florida Reg. No. 6231 Page 1 of 1