HomeMy WebLinkAboutBack-Up DocumentsThis instrument prepared by and return to:
Carlos R. Lago, Esq.
Greenberg, Traurig, P.A. EXHIBIT "B"
333 SE 2 Avenue
Miami, Florida 33131
GRANT OF PUBLIC ACCESS EASEMENT
THIS GRANT OF PUBLIC ACCESS EASEMENT (the "Easement") is made this
1 S � day of s1 un G , 2021 by 700 Edgewater Development, LLC., a Delaware
limited liability corporation, its successors and assigns, whose mailing address is 4100 NE 2n1
Avenue, Suite 307, Miami, Florida 33137 ("700 Development"), in favor of the CITY OF
MIAMI, a municipal corporation, whose mailing address is c/o City of Miami, 3500 Pan
American Drive Miami, Florida 33133 (the "City" or "Grantee").
RECITALS:
WHEREAS, 700 Development is the fee simple owner of certain real property located in
the City of Miami, Miami -Dade County, Florida, more particularly described in attached Exhibit
"A," (the "700 Development Property"); and,
WHEREAS, as part of their joint application for plat approval by the City (the "Plat
Approval"), 700 Development requested that the City allow "T" type turnarounds in lieu of cul-
de-sacs to accommodate large trucks and emergency vehicles at the easterly "dead -ends" of
Northeast 26' Street and Northeast 26th Terrace located on the Property, and more particularly
described in attached Exhibit `B," (the "Easement Area"); and,
WHEREAS, by notification of the City in a letter dated May 18, 2016 and attached
herein as Exhibit "C" (the "Approval"), the City agreed to permit the requested "T" type
turnarounds in lieu of cul-de-sacs; and,
WHEREAS, as a condition of the Approval, the City requires 700 Development to grant
the City an access easement for ingress and egress over, upon, across and through the Easement
Area; and,
WHEREAS, upon submittal of the final plat of "Edgewater Subdivision" this public
access easement shall be referenced and shown for reference purposes only; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged by the parties, City, 700 Development agree as follows:
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1. Incorporation of Recitals. The parties acknowledge that the foregoing recitals
and the exhibits referred to therein are true and correct and hereby incorporated into this
Easement as if fully set forth herein.2. Public Access Easement. 700 Development grant
and convey to City, its successors and assigns, the right to continue the use of the
Easement Area for City emergency response vehicles and personnel and for utility
services.
2. Control of Easement Area. The City shall have the right to exercise the same
control over the Easement Area as if the same were a dedicated right-of-way, including, without
limitation, the enforcement of traffic and parking regulations and all required police action and
the acceptance and approval of such easement shall in no way relieve 700 Development from
complying with any and all regulations pertaining to rights -of -way, including but not limited to
the building, zoning and other applicable regulations of the City.
3. Right of Entry. The City, as may be necessary, shall have full right to enter upon
the Easement Area at any time.
4. Covenant Running with the Land. This grant on the part of 700 Development
constitutes both a covenant and a condition running with the land and shall be recorded, at 700
Development's expense, in the public records of Miami -Dade County, Florida, (the "Public
Records") and shall remain in full force and effect and be affirmatively enforceable against the
parties hereto, and their heirs, successors and assigns.
5. Insurance and Indemnification. 700 Development, as their interests may appear,
shall indemnify and hold harmless the City from all costs, losses, damages, liabilities, expenses,
penalties, and fines whatsoever that may arise from or be claimed against the City by any person
or persons for any injury to person or property or damage of whatever kind or character arising
from out of or in connection with this Easement or the use or occupancy of the Easement; from
any neglect or failure by the City to comply and conform with all laws, statutes, ordinances, and
regulations of any government body or subdivision now or hereafter in force. If any lawsuit or
proceeding shall be brought against the City, its agents or employees that is not based upon or
does not arise from any acts or omissions of the City, its agents or employees, any such actions
or proceedings being expressly excluded from the indemnification and insurance described
herein, 700 Development, as their interests may appear, agree to defend the City, pay whatever
judgments may be recovered against the City, and pay for all attorney's fees in connection
therewith, including attorney's fees on appeal. 700 Development shall maintain insurance on the
Easement Area, as their interests may appear, in a form acceptable to City, naming the City as an
additional insured, and shall provide the City with a certificate of insurance reflecting the same.
The obligations contained herein shall not be limited by the type or amount of insurance obtained
by 700 Development.
Any contractors utilized by 700 Development in connection with activities undertaken
in connection with this Easement, shall indemnify and name as additional insured the City,
700 Development for the negligence of the contractor and its subcontractors in connection with
any activities undertaken on the Easement Area. Grantor will ensure that all contractors have
the appropriate commercial general liability, auto liability, and statutory workers'
MIA 1854515830
compensation coverage for the State of Florida and shall also provide the City with a copy of
the contractors' insurance prior to the start of construction.
6. Modification, Amendment, Release. This Easement is an irrevocable grant of
public easement access which may be modified, amended or released as to the Easement Area, or
any portion thereof, by a written instrument executed by 700 Development, as their interests may
appear, including joinders of all mortgagees, if any. Should this Easement be so modified,
amended or released, the City Manager, or in the absence of the City Manager, his/her designee,
shall forthwith execute a written instrument effectuating and acknowledging such modification,
amendment or release.
7. Enforcement. Enforcement shall be by action at law or in equity against any
parties or person violating, or attempting to violate, any covenants, either to restrain violations or
to recover damages. The prevailing party in any action or suit pertaining to or arising out of this
Easement shall be entitled to recover, in addition to costs and disbursements allowed by law,
such sum as the court may adjudge to be reasonable for the services of their attorney. This
enforcement provision shall be in addition to any other remedies available at law, in equity, or
both.
8. Election of Remedies. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be deemed to
constitute an election of remedies, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies or privileges.
9. Severability. Invalidation of any one of these covenants, by judgment of a court,
shall not affect any of the other provisions which shall remain in full force and effect. However,
if any material portion is invalidated, the City shall be entitled to revoke any approval predicated
upon the invalidated portion.
10. Captions. The headings and captions contained in this Easement are for
convenience and reference only and in no way define, limit, or describe the scope of the intent of
this Easement.
11. Construction. All pronouns and any variations thereof shall be deemed to refer to
the masculine, feminine or neuter, singular or plural, as the identity of the part or parties may
require.
12. Exercise of Rights. Notwithstanding anything herein to the contrary, any rights
granted to the City shall be exercised, so as to avoid and/or minimize interference with the use
and operation of the 700 Development Property and the Easement Area.
13. Applicable Law. The validity of this Easement and all of its terms and
provisions, as well as rights and duties of the parties hereunder, shall be interpreted and
construed in accordance with the laws of the State of Florida.
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14. Notices. All notices which shall be given under this Agreement shall be made in
writing by certified mail, return receipt requested, with property postage affixed, by telex, by
telecopy or by hand -delivery addressed:
As to 700 Development: 700 Edgewater Development LLC
4100 NE 2nd Avenue, Suite 307
Miami, Florida 33137
Attn: Francis H. Scola
With copies to:
Carlos R. Lago, Esq.
Greenberg Traurig
333 SE 2nd Avenue
44d' Floor
Miami, FL 33131
As to City: City of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
Attn: City Manager
With copies to:
City of Miami Attorney
444 SW 2 Avenue
Suite 945
Miami, FL 33130
City of Miami
Director of Public Works
444 SW 2 Avenue, 8' Fl
Miami, FL 33130
Each such notice shall be deemed delivered: (1) on the date delivered if by personal
delivery; (2) on the date telecommunicated if by telegraph; (3) on the date of transmission
with confirmed receipt if by telex, telefax or other telegraphic method; (4) on the date upon
which the return receipt is signed or delivery is refused or the notice is designated by the
postal authorities as not deliverable, as the case may be, if mailed; and (5) one day after
mailing by any form of overnight mail service.
15. Recording. This Easement shall commence on the date of recordation in the
Public Records.
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16. Governing Laws. The laws of the State of Florida shall govern the
interpretation, validity, performance and enforcement of this Easement. Venue for any action
brought hereunder shall be proper exclusively in Miami -Dade County, Florida.ttorney's Fees.
In the event a party institutes any legal action or proceedings for the enforcement of any right or
obligation herein contained, the prevailing party shall be entitled to recover its cost and
reasonable attorney's fees incurred in the preparation and prosecution of such action or
proceeding. Successors and Assigns. The covenants, conditions and agreements contained in
this Easement will inure to the benefit of and be binding upon the successors and assigns of 700
Development and the City.
19. Authority to Execute. 700 Development warrant's and represents to the City
that the individual signing this Easement on their behalf has full power and authority to execute
and deliver this Easement and to bind 700 Development.
SIGNATURE PAGES ATTACHED
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IN WITNESS WHEREOF, Grantor has executed this Easement the day and year first above
written.
700 Edgewater Development LLC, a
Delaware limited liability company
By:
N : Francis H. cola
Title: Authorized Signatory
( itness Signature)
Print Name / At %c
(Witness)
(Witness Signature)
Print Name V4ty M Cam_
(Witness)
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me by means of J
physical presence OR online notarization, this 1 "} day of Juno, , 2021, by
F-yancis P. ktkk as rt td of 700 Edgewater Development LLC, a
Delaware limited liability company on behal of sail Company. Personally Known 4 or•
Produced Identification Type of Identification Produced
t►aY'VANESSA TORRES
,._
? ; Notary Public - State of Florida
o Commission # GG 234808
My Comm. Expires Jul 4. 2022
Bonded through National Notary Assn.
MIA 1854515830
� Wv 0.-4 -I'LZ
Print or Stamp Name: appSgQ TDYYCS
Notary Public, State of 13 p Y i a A
Commission No.: C1 C7 23q $08
APPROVED AS TO LEGAL FORM
AND CORRECTNESS
Victoria Mdndez
CITY ATTORNEY
ASSISTANT CITY ATTORNEY
MIA 1854515830
APPROVED AS TO LEGAL DESCRIPTION:
Juvenal Santana, Jr., P.E., CRM
Director- Public Works
Department of Resilience Public Works
Exhibit "A"
Legal Description of the Property
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EXBHIBIT "A"
Lots 2, 4, 6, 8, 10 and 12, as shown on the proposed plat of ESCOTTONIA COURT, as shown
on a copy of said plat recorded in Deed Book 1619 at Page 330 of the Public Records of Miami -
Dade County, Florida.
TOGETHER WITH:
Lot "J" less the South 5.0 feet and all of Lots "G", "H", "I", "K", "L" and "M" in Block "A",
AMENDED AND EXTENDED PLAT OF BLOCKS A, B, and C of BANYAN PLACE
according to the Plat thereof, as recorded in Plat Book 8, at Page 55, of the Public Records of
Dade County, Florida.
TOGETHER WITH:
Tract "A", ASSOCIATES TRACT, according to the plat thereof, as recorded in Plat Book 114,
at Page 19, of the Public Records of Miami -Dade County, Florida; Lot N, Block "A",
AMENDED AND EXTENDED PLAT OF BLOCKS A, B, & C BANYAN PLACE, according
to the plat thereof, as recorded in Plat Book 8, at Page 55, of the Public Records of Miami -Dade
County, Florida, less the South 5 feet thereof deeded to the City of Miami; and Lot "O", of Block
A, AMENDED AND EXTENDED PLAT OF BLOCKS A, B, & C BANYAN PLACE,
according to the plat thereof, as recorded in Plat Book 8, at Page 55, of the Public Records of
Miami -Dade County, Florida, less the South 5 feet thereof deeded to the City of Miami.
Exhibit `B"
Legal Description of the Easement Area
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LEGAL DESCRIPTION:
Easement I
An Easement across a portion of Lot 12 of the proposed plat of ESCOTTONIA COURT (unrecorded plat) attached to Deed
recorded in Deed Book 1619 at Page 330 and Deed Book 1749 at Page 246, all being recorded in the Public Records of
Miami —Dade County, Florida and being more particularly described as follows:
Commence at the Northwest corner of said Lot 12; thence S 00'00'00" W along the West line of said Lot 12 for 7.50 feet;
thence S 89'55'00" E along a line parallel with and 7.50 feet South of the North line of said Lot 12 for 44.97 feet to the
Point of Beginning of the hereinafter described Easement; thence continue S 89'55'00" E along said line parallel with and
7.50 feet South of the North line of Lot 12 for 26.19 feet to a point on a circular curve concave to the Southeast and
whose radius point bears S 58'11'46" E; thence Southwesterly along a 21.37 foot radius curve leading to the left through a
central angle of 31'48'14" for an arc distance of 11.86 feet to a point of tangency; thence S 00'00'00" W for 53.14 feet;
thence N 90'00'00" W for 19.77 feet; thence N 00'00'00" E for 52.62 feet to a point of curvature; thence Northwesterly
along a 23.30 foot radius curve leading to the left through a central angle of 30'27'47" for an arc distance of 12.39 feet
to the Point of Beginning.
WED
Easement II
An Easement across a portion of Lots L and M, Block A, AMENDED AND EXTENDED PLAT OF BLOCKS A, B & C BANYAN
PLACE, according to the plat thereof, as recorded in Plat Book 8 at Page 55 of the Public Records of Miami —Dade County,
Florida, being more particularly described as follows:
Commence at the Southwest corner of said Lot L; thence thence N 00'00'00" E along the West line of said Lot L for 5.00
feet; thence S 89'56'00" E along a line parallel with and 5.00 feet North of the South line of said Lot L for 33.33 feet to
the Point of Beginning of the hereinafter described Easement; thence continue S 89'56'00" E along said line parallel with
and 5.00 feet North of the South line of Lots L and M for 29.27 feet to a point on a circular curve concave to the
Northeast and whose radius point bears N 51'48'05" E; thence Northwesterly along a 21.72 foot radius curve leading to the
right through a central angle of 38'11'55" for an arc distance of 14.48 feet to a point of tangency; thence N 00'00'00" E
for 47.42 feet; thence N 90'00'00" W for 19.77 feet; thence S 00'00'00" W for 46.92 feet to a point of curvature; thence
Southwesterly along a 22.33 foot radius curve leading to the right through a central angle of 38'29'17" for an arc distance
of 15.00 feet to the Point of Beginning.
SURVEYOR'S NOTES:
— This site lies in Section 30, Township 53 South, Range 42 East, City of Miami, Miami —Dade County, Florida.
— Bearings hereon are referred to an assumed value of N 89'55'00" W for the center line of N.E. 26th Terrace.
— Lands shown hereon were not abstracted for easements and/or rights —of —way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2014-087-2.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on September 29, 2016, and meets
the applicable cod as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes.
"Not valid withou a signal e/and the original raise seal of a Florida Licensed Surveyor and Mapper"
FOR LE ,_SK-t S,
B : ¢ --
Daniel C. Fortin, For The Firm
Surveyor and Mapper, LS2853
State of Florida.
Drawn By MAP
Cad. No. 160525
Ref. Dwg.
2014-087-2
Plotted: 9/28/ 16 12:03a
LEGAL DESCRIPTION
F ORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Street / North Miami Beach, Florida. 33 162
Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com
Date 9/29/16
Scale NOT TO SCALE
Job. No. 160877
Dwg. No. 1016-032-1
Sheet 1 of 3
-------------
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Drawn By MAP
SURVEYOR'S NOTES & CERTIFICATION
Date 9/29/16
Cad. No. 160525
Scale 1 "=50'
F ORTIN, LEAVY, S KILES, INC.
Ref. Dwg.
2014-087-2
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
Job. No. 160877
Dwg. No. 1016-032-1
180 Northeast 168th. Street / North Miami Beach, Florida. 33 162
Phone: 305-653-4493 / Fax / Email fls@flssurvey.com
Plotted: 9/28/16 12:030
Sheet 2 of 3
305-651-7152
EASEMENTI
Drawn By MAP
Cad. No. 160525
Ref. Dwg.
2014-087-2
Plotted: 9/28/16 12:03a
EXHIBIT "B"
BISCAYNE BAY
N.E. 5TH AVENUE
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EASEMENT II
LIMITS OF
EXHIBIT "A"
LOCATION SKETCH
FORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th. Street / North Miami Beach, Florida. 33162
` Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com
Date 9/29/16
Scale NOT TO SCALE
Job. No. 160877
Dwg. No. 1016-032-1
Sheet 3 of 3
Exhibit "C"
Approval Letter from the City
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EXHIBIT "C"
C11-tij of �Ifiami
I OF ty9
J
DANIEL J. ALFONSO
* ue�t� unn
City Manager
!OR'O
May 18, 2016
Damian Thomason, Project Manager
Fortin, Leavy, Skiles, Inc.
180 NE 168 Street
North Miami Beach, FL 33162
Dear Mr. Thomason:
"EDGEWATER SUBDIVISION" — TENTATIVE PLAT #1810
ADJUSTMENT TO THE DESIGN STANDARDS
I have received your request to adjust the design standards to provide a "T" type turnaround in
lieu of cul-de-sacs at the existing easterly "dead -ends" of NE 26 Street and NE 26 Terrace for the
"Edgewater Subdivision" tentative plat and have made the following determination.
NE 26 Street currently "dead -ends" at Biscayne Bay and is improved with a 50 foot wide
passenger vehicle type "T" turnaround. NE 26 Terrace currently "dead -ends" west of Biscayne
Bay and is improved with a passenger vehicle cul-de-sac. Since the properties located on the
south side of NE 26 Street and on the north side of NE 26 Terrace are not a part of the tentative
plat, the creation of two full size cul-de-sacs would be located entirely on the tentative plat site,
thereby, depriving the applicant of reasonable use of the land. In lieu of full size cul-de-sacs at
the ends of NE 26 Street and NE 26 Terrace, the tentative plat applicant has proffered to create
ingress -egress easements for "T" type turnarounds on the property adjacent to the "Edgewater
Subdivision" tentative plat property that will accommodate large trucks and emergency vehicles.
The City of Miami Assistant Fire Marshal has reviewed the drawing and has determined that the
proposed "T" type turnaround configuration meets Fire -Rescue Department requirements.
The proposed "T" type turnarounds will improve emergency vehicle access and general service
to the tentative plat property and to the neighborhood. This adjustment is necessary for the
preservation of a substantial property right currently enjoyed by the applicant. For these reasons,
I approve your request to adjust the design standards to provide "T" type turnarounds in lieu of
cul-de-sacs as shown on drawing no. A-100 prepared by Revuelta Architectural International and
approved by the City's Fire -Rescue Department on April 28, 2016 subject to the following
conditions:
DEPARTMENT OF PUBLIC WORKS
444 S.W. 2nd Avenue / Miami, Florida 33130 / (305) 416-1200 / Fax: (305) 416-1278
Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
• Grant of Ingress -Egress Easements, accepted by the City Commission and recorded in the
Public Records of Miami -Dade County, Florida.
• The final plat of "Edgewater Subdivision" shall reference and show the Grant of Ingress -
Easements for reference purposes only.
'(Ed) Vntamaria, P.E., CGC
of Public Works
ES/1H/ljh
yP(icv
C: Members of the Plat and Street Committee
Nzeribe Ihekwaba, Ph.D., P.E., Assistant City Manager/Chief of Operations
Development and Roadway Plans Section
Central