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HomeMy WebLinkAboutExhibit AAbove Space is Reserved for Recording Information ------------------------- This instrument prepared by: Victoria M6ndez, City Attorney Office of the City Attorney City of Miami 444 SW 21 Avenue, Ste. 945 Miami, FL 33130 Return Recorded Copy to: City of Miami Department of Resilience and Public Works 444 S.W. 2nd Avenue, 8th Floor Miami, FL 33130 Folio No.: 01-4104-000-0300 Location: 430 SW 31 Avenue, Miami, FL 33135 PERPETUAL STREET & UTILITIES EASEMENT THIS EASEMENT made this 2,T da of M .�1iLGC , 2021 by JUAN F. TARANCON, whose address is .S 3/• M�Cand OMAIRA GRAJALES, whose address is '77/ �/(,{� /�/ i jwl/��/ 3/2(d (collectively, "GRANTOR"), to the CITY OF MIAMI, a Florida Municipal Corporation its successors and assigns, whose address is 444 SW 2"d Avenue, Miami, FL 33130 ("GRANTEE"). WHEREAS: Streets as used herein is defined in Section 54-1 of the City of Miami Code of Ordinances, as amended; and WHEREAS: GRANTOR is the owner of fee simple title in and to the property described in Exhibit "A"; and WHEREAS: GRANTOR wishes to grant unto GRANTEE this Perpetual Street & Utilities Easement. WITNESSETH: That the GRANTOR for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto GRANTEE, its successors and assigns, a perpetual easement for street & utilities purposes more particularly described, but not limited to, pedestrian ingress and egress over and upon the street constructed thereon, construction and modification of fixtures, amenities and utilities within the easement including but not limited to street furniture, trees, grates, planters, street lighting, roadway reconstruction or resurfacing, sidewalk, catch basins, drainage structures, utility relocation or upgrade with full authority to enter upon, construct and maintain the street, utilities and fixtures within the easement, as the GRANTEE and its assigns may deem necessary, said land lying in Miami -Dade County, Florida: Page 1 of 6 Folio No.:01-4104-000-0300 Location: 430 SW 31 Avenue, Miami, FL 33135 SEE LEGAL DESCRIPTION AND SKETCH ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN AS EXHIBIT "A". RIGHTS GRANTED TO THE GRANTEE: The GRANTEE shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with the normal operation and maintenance of the easement by the GRANTEE, out of and away from the herein GRANTEE right-of-way and that the GRANTOR, herein 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 operation of the street and utilities. GRANTOR further grants the reasonable right to enter upon adjoining lands of the GRANTOR for the purpose of exercising the rights herein granted. GRANTOR may keep the easement area landscaped and may maintain access driveway entrances in the easement area. GRANTEE may at any time change the location of the street and utilities within the boundaries of the easement right-of-way, or modify or adjust the size of the existing street and/or utilities it may determine in its sole discretion from time to time without paying any additional compensation or granting additional consideration to GRANTOR or GRANTOR'S heirs, successors, or assigns, provided GRANTEE does not expand its use of the easement beyond the easement boundaries described above. GRANTEE shall promptly restore landscaping or driveway entrances damaged by GRANTEE'S use of the easement area, to their preexisting condition. GRANTEE shall maintain all streets and utilities within the easement area in good condition and repair. GRANTOR reserves the right to grant other easements within the easement area, 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, proceeding, 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, loss, or diminution of property rights arising or accruing by virtue of the GRANTEE's activities, acts and omissions under this Easement and/or construction 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 will defend title to said lands against all persons claiming by, through or under said GRANTOR. GRANTEE has not waived any rights afforded to it under any federal, State of Florida, or local laws, rules or regulations relating to streets, roads, sidewalks, or other public rights -of -way. This Agreement shall be binding upon successors and assigns personal representatives, heirs, executors, and administrators, of the parties hereto. [SIGNATURE PAGE FOLLOWS] [Remainder ofpage left intentionally blank] Page 2 of 6 Folio No.:01-4104-000-0300 Location: 430 SW 31 Avenue, Miami, FL 33135 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 (Two witnesses or corporate seal required by Florida Law) Signature of Witness Signature of RANTOR t� 0•vh2run ���z<< r Print/Type Name of Witness Sign re of itne s Prinhy&Name of Witness STATE OF FLORIDA COUNTY OF MIAMI-DADE Juan F. Taranc6n Print/Type GRANTOR Name The foregoing instrument was acknowledged before me by means of Ekl iysical presence or ❑ online notarization, this day of 2021, by_%�%�/i'I� GUYi� , who is personally known to me to or who has produced as identification, and who did (did not) t oan oath. Aa 11�� ( gnature) ,q-c i c 14- e (Print/Type Name) My Commission Expires Notary Stamp: E� ALICIA C. MYCOMMISSION#HH25d� EXPIRES: September 18, 2024 Page 3 of 6 Folio No.:01-4104-000-0300 Location: 430 SW 31 Avenue, Miami, FL 33135 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. (Two witnesses or corporate seal required by Florida aw) Signature of Witn �Voeru-iFraz-ier Print/Type Name of Witness Aw� 1 4*L Print/Ty e Name of Witness STATE OF FLORIDA COUNTY OF MIAIVII-DADE op l 44 tAz lD � Qi�i�f 'I C$ gnature of GRANTOR Omaira Graj ales Print/Type GRANTOR Name The foregoing instrument was acknowledged before me by means of 2physical presence or online notarization, this 21i day of _M�C/� 2021, by ZUj" ��-r,1GQYl- t (loll!/lam(,( L�li!/f (,1 �, who is personally known to me to or who has produced J,)QI VC—Oi- / l 66h 4-6 as identification, and who did (did not) tak&an Niue oatthhtlh* Notary Stamp: (Si nature) 21V-14 AV-eZ �YP"� ALICIA C. ALVAREZ 4 (Print/Type Name) JvIY COMMISSION # HH22571 [a*� EXPIRES: September 1&, 2024 My Commission Expires: Page 4 of 6 Folio No.:01-4104-000-0300 Location: 430 SW 31 Avenue, Miami, FL 33135 GRANTEE: City of Miami, a municipal corporation of the State of Florida ATTEST: Todd Hannon, City Clerk Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: Victoria Mendez City Attorney REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management Department Page 5 of 6 Folio No.:01-4104-000-0300 Location: 430 SW 31 Avenue, Miami, FL 33135 EXHIBIT "A" LEGAL DESCRIPTION AND SKETCH Page 6 of 6 S�I{;E�9-�0H 1J10 A CCO MWY L E�UA L DES C�RIrP 1J�Ir0 N PERPETUAL EASEMENT EXHIBIT "A" N o GRAPHIC SCALE 0 0 15 30 •z 0 c - • � m w 1 inch = 30 ft. F� 25' I �+ w F I I w ENG1C` Z z TRACT A cj� MIRTA GARDENS I Uj (P.B. 105, PG. 20) N87'40'22"E --------------------- 27.00' 23'yl to WLAND DESCRIBED IN I I'II 2, ARRANTY DEED RECORDED o N IN O.R.B. 15845, PG. 83 LO 5' 25 O � NOT -SUBDIVIDED o N LBLOCK 3 N 1/2, NW 1/4, SW 1/4, N I p z w CORAL �015 - - - - SE 1/4, SEC. 4 o\ I( ) Z W w I R=25.00' PT W 23' L=28.98' Q LLJ o I � R=100PRC I o \ A-2720'51 L=47.73' \ \ tis SE CORNER OF N 1/2, J 2' ` ���6, NW 1/4, SW 1/4, SE �fo, S LINE N 1/2, NW 1/4, SW `�B-• 1/4, SEC. 4-54-41 A PORTION OF BLOCK 10, CORAL \ PORTION 11/4, SE 1/4, SEC. 4-54-41 9! � I OKWARRANTY, P.B. 8, IN ARRANT8, PG. 115 RECORDED EXCLUDED DEEIN PNT 79.63' S87'40'22"W O.R.B. 15845, PG. 83 R=100.00' gd ' N LINE S 1/2, NW 1/4, SW C4 I � P.O.B. INTERSECTION OF THE S A=15.28'19" 1/4, SE 1/4, SEC. 4-54-41 L=27.00' �' LINE OF N 2', S 1/2, NW 1/4, SW S LINE N 2', S 1/2, NW 1/4, SW zI `- 1/4, SE 1/4, SEC. 4-54-41 AND BLOCK 10 R=25.00' 1/4, SE 1/4, SEC. 4-54-41 AND Q' THE E'LY PROLONGATION THEREOF CORAL NOOK UJLn ' THE ELY PROLONGATION THEREOF ¢� (P.B. 8, PG. 115)=66'2898' ' I WITH THE E LINE OF THE W 2' OF p E 1/2, SW 1/4, SE 1/4, SEC. A PORTION OF BLOCK 10, N R/W LINE -,,,,CORAL 4-54-41 NOOK, P.B. 8, PG. 115 �I o R/W LINE z I C<D W LINE E 112, SW 114, S.W.5TH ST N in I LV SE 1/4, SEC. 4-54-41 J- - L- - ---(�----- - - - ----- - - - - --- - - - - - - - -- Lr S 1/2, NW 1/4, SW 1/4, SE 1/4, SEC. 4-54-41 i E 1/2, SW 1/4, SE 1/4, SEC. 4-54-41 I DATE: Aug 26, 2020 - 11:18am EST FILE: F:\SURVEY\PROJECTS\86000's\86908 TRACE CONSULTANTS CORAL NOOK ORCLE SKETCH TO ACCOMPANY LEGAL DESCRPTION\2. CAD\2. DWG\86908_diginal signature.dwg THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT. DRAWING No. 2320-SS-19 FIELD BOOK: N/A PROJECT: CORAL NOOK CIRCLE THIS IS NOT A SURVEY DATE: REV DATE: BEC ORDER # SHEET DRAWN BY CLIENT Trace Consultants Inc. 08/21/20 03-86908 2 OF 3 WH SURVEYORS 529 W. FLAGLER ST, MIAMI, FL 33130 449 NW 35TH ST, BOCA RATON, FL 33431 ENGINEERS BISCAYNE TEL. (305) 324-7671 TEL. (561) 609-2329 PLANNERS E-MAIL: INFO@BISCAYNEENGINEERING.COM • WEBSITE: WWW.BISCAYNEENGINEERING.COM ENGINE E R I N G • SINCE T898 • ,�01-A1CCMPASI{�ENY LRjA L DE�SJC�R�IrP 1J�Ir0 N PERPETUAL EASEMENT ABBREVIATIONS: EXHIBIT "A" BEC = BISCAYNE ENGINEERING COMPANY E - EAST E'LY = EASTERLY L = ARC LENGTH N = NORTH NW = NORTHWEST O.R.B. - OFFICIAL RECORDS BOOK P.B. = PLAT BOOK PG. = PAGE N P.O.B. = POINT OF BEGINNING PNT = POINT OF NON TANGENCY c PRC = POINT OF REVERSE CURVATURE ti • z PT = POINT OF TANGENCY PSM = PROFESSIONAL SURVEYOR AND MAPPER x 9 R = RADIUSF • �w R/W = RIGHT OF WAY E N o� RGE. = RANGE SEC. = SECTION GRAPHIC SCALE S = SOUTH 0 50 100 SE = SOUTHEAST SW = SOUTHWEST TWP. = TOWNSHIP 1 inch = 100 ft. W'LY = WESTERLY = CENTERLINE 6 = DELTA / CENTRAL ANGLE F--1--- EASEMENT I I_ SW 4TH ST I � I ti M SW 5TH ST 1 1 NOTES: LOCATION SKETCH, SCALE: 1" = 100' — THE EASEMENT LIES IN SECTION 4, TOWNSHIP 54 SOUTH, RANGE 41 EAST, MIAMI, FLORIDA. — EASEMENT GEOMETRY SHOWN HEREON IS BASED ON EXHIBIT "A" PROVIDED BY CLIENT (DIAGRAM "SHEET 8" AND DEED "O.R.B. 15845, PG. 83", IN PDF FORMAT). — AREA OF THE EASEMENT = 3,908 SQUARE FEET MORE OR LESS. — THIS IS NOT A SURVEY. LANDS SHOWN HEREON HAVE NOT BEEN ABSTRACTED FOR EASEMENTS, RIGHTS —OF —WAY, OR OTHER MATTERS OF RECORD. — BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN AND ARE REFERENCED TO THE WEST LINE OF THE EAST 1/2 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 4, TOWNSHIP 54 SOUTH, RANGE 41 EAST, MIAMI—DADE COUNTY, FLORIDA, HAVING AN ASSUMED BEARING OF NORTH 02.21'05" WEST. — THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID, AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHERS. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" COMPLIES WITH THE STANDARDS OF PRACTICE FOR SURVEYING AND MAPPING SET FORTH BY THE STATE OF FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 5J-17-062, F.A.C. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY GPNO..S u' LICENSE •' No.6519 STATE OF �_ ;, '•, FLORIDA r , ON THE DATE ADJACENT TO THE SEAL —" PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. THIS IS NOT A SURVEY BISCAYNE ENGINEERING COMPANY, INC. 529 WEST FLAGLER STREET, MIAMI, FL. 33130 CERTIFICATE OF AUTHORIZATION LB-0000129 SURVEYOR OF RECORD: WOLFGANG S. HUECK, PSM FOR THE FIRM PROFESSIONAL SURVEYOR AND MAPPER No. 6519, STATE OF FLORIDA DATE: Au 26, 202^. - 11:18am EST FILE: F:\SURVEY\PROJECTS\86000's\86908 TRACE CONSULTANTS CORAL NOOK CIRCLE SKETCH TO ACCOMPANY LEGAL DESCRPTION\2. CAO\2. OWG\86908-diginal signature.dwg THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT. DRAWING No. 2320-SS-19 I FIELD BOOK: N/A PROJECT: C O FRAL N (D0 K C I FCC L E THIS IS NOT A SURVEY DATE: REV DATE: BEC ORDER # I SHEET DRAWN BY CLIENTTCaC2 Consultants Inc. )8/21/20 03-86908 11 OF 3 I WH BISCAYNE SURVEYORS 529 W. FLAGLER ST, MIAMI, 1`1-3iTi67 449 NW 35TH ST, BOCA RATON, FL 33431 ENGINEERS TEL. (305) 324-7671 TEL. (561) 609-2329 PLANNERS ENGINEERING • SINCE 1898 • E-MAIL: INFO@BISCAYNEENGINEERING.COM • WEBSITE: WWW.BISCAYNEENGINEERING.COM SJK�1 �,�C�Hr 1JJ0 A C�C�QM' A N Yr LIERVirAL DESG_IR?IrPMEI10N PERPETUAL EASEMENT EXHIBIT "A" LEGAL DESCRIPTION: A portion of Block 10, CORAL NOOK, as recorded in Plat Book 8, at Page 115 of the Public Records of Miami —Dade County, Florida, and a portion of the North one—half (N 1 /2) of the Northwest one —quarter (NW 1/4) of the Southwest one —quarter (SW 1/4) of the Southeast one —quarter (SE 1/4) of Section 4, Township 54 South, Range 41 East, Miami —Dade County, Florida, being more particularly described as follows: BEGIN at the point of intersection of the South line of North 2.00 feet of the South one—half (S 1 /2), of the Northwest one —quarter (NW 1/4) of the Southwest one —quarter (SW 1/4) of the Southeast one —quarter (SE 1/4) of said Section 4 and the Easterly prolongation thereof with the East line of the West 2.00 feet of the East one—half (E 1 /2) of the Southwest one —quarter (SW 1/4) of the Southeast one —quarter (SE 1/4) of said Section 4; thence South 87°40'22" West, along said South line of the North 2.00 feet of the South one—half (S 1 /2), of the Northwest one —quarter (NW 1/4) of the Southwest one —quarter (SW 1/4) of the Southeast one —quarter (SE 1/4) of said Section 4 and the Easterly prolongation thereof, a distance of 79.63 feet to the point of intersection with a non tangent circular curve concave to the Southeast having as its elements a radius of 100.00 feet and a central angle of 27°20'51 ", a radial line through said point bears North 53°16'38" West from the center of said curve; thence Northeasterly along the arc of said curve, an arc distance of 47.73 feet to the point of reverse curvature with a circular curve having as its elements a radius of 25.00 feet and a central angle of 66'25'19"; thence Northeasterly and Northerly along the arc of said curve, an arc distance of 28.98 feet to the point of tangency; thence North 02°21'05" West, a distance of 50.45 feet; thence North 87°40'22" East, along the North line of the lands described in Warranty Deed recorded in Official Records Book 15845 at Page 83 of the Public Records of Miami —Dade County Florida, and the Easterly prolongation thereof, a distance of 27.00 feet; thence South 02°21'05" East, along said East line of the West 2.00 feet of the East one—half (E 1 /2) of the Southwest one —quarter (SW 1/4) of the Southeast one —quarter (SE 1/4) of said Section 4, a distance of 102.00 feet to THE POINT OF BEGINNING. Containing 3,908 square feet more or less. DATE: Aug 26, 2020 — 11:18am EST PILE: F.\SURVEY\PROJECTS\86000's\86908 TRACE CONSULTANTS CORAL NOOK CIRCLE SKETCH TO ACCOMPANY LEGAL DESCRP➢ON\2. CAD\2. DWG\86908_diginal signature.dwg THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT. DRAWING No. 2320-SS-19 FIELD BOOK: N/A PROJECT: CO FRAL N 00 K C I F?C L E THIS IS NOT A SURVEY DATE: REV DATE: BEC ORDER # SHEET DRAWN BY CLIENTTI'dCe COC1SUItd11tS Inc.08/21/20 03-86908 3 OF 3 WH B' SCAYN SURVEYORS 529 W. FLAGLER ST, MIAMI, FL 33130 449 NW 35TH ST, BOCA RATON, FL 33431 ENGINEERS LANNERS TEL. (305) 324-7671 TEL. (561) 609-2329 P ENGINEERING • SINCE 1898 • E-MAIL: INFO@BISCAYNEENGINEERING.COM • WEBSITE: WWW.BISCAYNEENGINEERING.COM