HomeMy WebLinkAboutExhibitThis instrument prepared by
and shall be returned to:
City of Miami Public Works Department
Attention: Director of Public Works
444 SW 2' Avenue, 8' Floor
Miami, FL 33130
LOCATION: 600 NW 1st Avenue
Miami, FL 33128
FOLIO No.: 01-4137-072-0030, 01-4137-072-0040, 01-4137-072-0050
Area Reserved for Recording
PERPETUAL EASEMENT
THIS EASEMENT made this day of , 20 by DT MIAMI
LLC., a Delaware Limited Liability Company, whose address is 700 NW 1st Avenue, Suite
1620, Miami FL, 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" (the "Easement Area").
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 would unreasonably interfere with the normal ingress and egress purpose.
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
Perpetual Sidewalk Easement
I
the easement area primarily for Grantor's own benefit, provided such other easements and uses
do not unreasonably 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'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 Easement Area and the Grantor shall defend title to the easement area 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
Perpetual Sidewalk Easement
2
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.
This Easement agreement shall constitute a covenant running with the land and 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.
This Easement agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original, and such counterparts shall together constitute but one and the
same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this
Agreement (Whether by facsimile, PDF, or other electronic transmission), which signature shall
be binding on the party whose name is contained therein.
[SIGNATURE PAGE FOLLOWS]
Perpetual Sidewalk Easement
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:
Print Name:
Address:
Witness:
Print Name:
Address:
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
GRANTOR:
DT MIAMI LLC., a Delaware Limited Liability
Company
By: AAF Miami TOD Holdings LLC, a Delaware
Limited Liability Company, its Sole -Member
By:
KOLLEEN COBB
Vice -President
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of , 20 , A.D., by Kolleen Cobb,
Vice -President of AAF Miami TOD Holdings LLC, a Delaware Limited Liability
Company, Sole -Member of DT MIAMI LLC., a Delaware Limited Liability Company, who
is personally known to me or who has produced as identification.
[Notary Seal]
Notary Public
Name typed, printed or stamped
My Commission Expires:
Perpetual Sidewalk Easement
M
ATTEST:
M
Todd B. Hannon, City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
M
Victoria Mendez, City Attorney
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
Perpetual Sidewalk Easement
EXHIBIT A
LEGAL DESCRIPTION
Tracts KC', " C1 "', "V'", 'N V and '° 511 of "FLAG LER GRAN CM NTRAL STATION", a=rdinq to th a Plat thereof,
as recorded In Plat Book 170, Pace 41, of the Public Records of Miami -Dade County, Florlda.
LESS AND EXCEPT, the Station Element, North Office Element, Residential forth Element, Residential
South Element and Retail Element, as each such Element is fegafly described and/or depleted in the
Declaration of Covenants, Restrictions and Easements for MiatmiCentral Station recorded April 29, 2016 in
Offidal Rewrds Book 30057, at Page 1740, asamended, of the Public Records of Miami -Dade County,
Florida.
Perpetual Sidewalk Easement
EXHIBIT B
SKETCH AND LEGAL FOR SIDEWALK EASEMENTS
Perpetual Sidewalk Easement
LEGAL AND SKETCH
PEDESTRIAN ACCESS EASEMENTS
"FLAGLER GRAN CENTRAL STATION"
L
LEGEND AND ABBREVIATIONS:
Q
Central Angle of Curve
L
Length of Curve
POB
Point of Beginning
POC
Point of Commencement
PG.
Page
P.B.
Plat Book
R
Radius
SO. FT.
Square Feet
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 ten (10) sheets and each sheet will not be considered full, valid and complete unless attached
to the others.
-Bearings are based on an assumed value of N89°53'38"W along the South line of Tract "C" of "FLAGLER GRAN
CENTRAL STATION", according to the Plat thereof as recorded in Plat Book 170, Page 41, of the Public Records of
Miami -Dade County, Florida.
SURVEYOR'S CERTIFICATE:
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 ���`�•�``"`VROI"A""S'��•,,,��
Arturo A. Sosa
Professional Surveyor and Mapper No. 2629
State of Florida
LUDOVICI & ORANGE
CONSULTING ENGINEERS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 1012
329 Palermo Avenue, Coral Gables, Florida 33134
Phone:305-448-1600 1 info@ludovici-orange.com
0
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STATE OF
F�ORIDP O
DRAWN: A.J.
CHECKED: A.A.S.
SCALE: AS NOTED
DATE: 03-29-2018
PROJ. : 2000 16B
H EET:
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LOCATION SKETCH
PEDESTRIAN ACCESS EASEMENTS
"FLAGLER GRAN CENTRAL STATION"
NW 6th ST.
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LOCATION SKETCH
A PORTION OF SECTION 37 (JAMES
HAGAN DONATION), TOWNSHIP 54
SOUTH, RANGE 41 EAST, CITY OF MIAMI,
MIAMI-DADE COUNTY, FLORIDA.
J
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Ld
NW 3rd ST.
This document consists of ten (10) sheets and each sheet will not be considered full, valid and com
LUDOVICI & ORANGE
ED CONSULTING ENGINEERS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 1012
329 Palermo Avenue, Coral Gables, Florida 33134
Phone:305-448-1600 1 infoLaludovici-orange.com
unless attached to the others.
DRAWN: A.J.
CHECKED: A.A.S.
SCALE: AS NOTED
DATE: 03-29-2018
PROJ. : 2000 16B
SH EET:
2
OF 10 SHEETS
V\SERVER\DPtoASURVEY\Projects\2000A2000 16B Entitlement Easements\dwgA2000 16B Entitlement Eosem
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LEGAL DESCRIPTION
PEDESTRIAN ACCESS EASEMENTS
"FLAGLER GRAN CENTRAL STATION"
L_
LEGAL DESCRIPTION:
EASEMENT 3
A portion of Tract "D" of "FLAGLER GRAN CENTRAL STATION", according to the Plat thereof as
recorded in Plat Book 170, Page 41, of the Public Records of Miami -Dade County, Florida, being more
particularly described as follows:
COMMENCE at the SW corner of said Tract "D"; thence N43°32'56"E for a distance of 313.53 feet to the
POINT OF BEGINNING of the following described parcel of land; thence N58048'14"W for a distance of
17.83 feet; thence N00°11'51"W for a distance of 34.79 feet to the point of intersection with a non -tangent
curve to the right, said curve being the East boundary of said Tract "D", a radial line to said point bears
N22038'35"E; thence 25.21 feet along the arc of said curve, having a radius of 25.00 feet and a central
angle of 57°46'57"; thence S89048'09"W for a distance of 9.96 feet; thence S00°11'51"E for a distance of
13.02 feet; thence S58048'14"E for a distance of 12.00 feet; thence S00°00'56"W along the East line of
said Tract "D" for a distance of 5.84 feet to the POINT OF BEGINNING. Containing 339 square feet, more
or less.
EASEMENT 4
A portion of Tract "D" of "FLAGLER GRAN CENTRAL STATION", according to the Plat thereof as
recorded in Plat Book 170, Page 41, of the Public Records of Miami -Dade County, Florida, being more
particularly described as follows:
COMMENCE at the SW corner of said Tract "D"; thence N73°59'10"E for a distance of 215.84 feet to the
POINT OF BEGINNING of the following described parcel of land; thence N44°48'09"E for a distance of
12.07 feet; thence S00°00'56"W along the East line of said Tract "D" for a distance of 19.36 feet; thence
S44°48'09"W for a distance of 4.90 feet; thence S00011'35"E for a distance of 17.92 feet; thence
S45°11'19"E for a distance of 4.74 feet to the point of intersection with a non -tangent curve to the right,
said curve being the East boundary of said Tract "D", a radial line to said point bears S87027'11"E; thence
12.30 feet along the arc of said curve, having a radius of 25.00 feet and a central angle of 28012'02";
thence S89048'09"W for a distance of 5.91 feet; thence S00011'51 "E for a distance of 6.74 feet to the point
of intersection with a non -tangent curve to the right, said curve being the South boundary of said Tract "D",
a radial line to said point bears S38°36'15"E; thence 5.89 feet along the arc of said curve, having a radius
of 25.00 feet and a central angle of 13029'38"; thence N00°11'51 "W for a distance of 9.82 feet; thence
N21 °53'32"E for a distance of 16.20 feet; thence N00011'35"W for a distance of 32.21 feet to the POINT
OF BEGINNING. Containing 434 square feet, more or less.
This document consists of ten (10) 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 infoLaludovici-orange.com
I
RAWN: A.J.HECKED: A.A.S.
CALE: AS NOTED
ATE: 03-29-2018ROJ. : 2000 16B
SH EET:
3
OF 10 SHEETS
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,n es aWg
LEGAL DESCRIPTION
PEDESTRIAN ACCESS EASEMENTS
"FLAGLER GRAN CENTRAL STATION"
L_
LEGAL DESCRIPTION:
EASEMENT5
A portion of Tract "C" of "FLAGLER GRAN CENTRAL STATION", according to the Plat thereof as
recorded in Plat Book 170, Page 41, of the Public Records of Miami -Dade County, Florida, being more
particularly described as follows:
BEGIN at the SW corner of said Tract "C"; thence N00°00'47"E along the West line of said Tract "C" for a
distance of 14.33 feet; thence S89°53'38"E along a line 14.33 feet North and parallel with the South line of
said Tract "C" for a distance of 194.32 feet; thence N00°06'22"E for a distance of 3.00 feet; thence
S89053'38"E for a distance of 4.03 feet; thence NO0011'49"W for a distance of 596.24 feet; thence
N89°57'46"E along the North line of said Tract "C" for a distance of 20.27 feet; thence S44058'04"W for a
distance of 8.91 feet; thence S89057'46"W for a distance of 8.95 feet; thence S00011'49"E for a distance
of 253.03 feet; thence S89059'08"E for a distance of 17.04 feet; thence the following two (2) courses along
the East boundary lines of said Tract "C"; thence S00°00'52"W for a distance of 23.95 feet; thence
S00°01'10"E for a distance of 23.02 feet; thence S89°58'50"W for a distance of 16.88 feet; thence
S00°11'49"E for a distance of 199.96 feet; thence N89°48'11"E for a distance of 12.20 feet; thence
S00°11'49"E for a distance of 59.33 feet; thence S45°11'38"E for a distance of 5.47 feet; thence the
following two (2) courses along the East boundary of said Tract "C"; thence S00001'10"E for a distance of
19.14 feet to the point of intersection with a tangent curve to the right; thence 39.32 feet along the arc of
said curve, having a radius of 25.00 feet and a central angle of 90°07'32"; thence N00006'22"E for a
distance of 9.33 feet; thence N89°53'38"W for a distance of 19.58 feet; thence S00°06'22"W for a distance
of 9.33 feet; thence N89°53'38"W along the South line of said Tract "C" for a distance of 5.00 feet; thence
N00°06'22"E for a distance of 9.33 feet; thence N89053'38"W along a line 9.33 feet North and parallel with
the South line of said Tract "C" for a distance of 124.67 feet; thence S00°06'22"W for a distance of 9.33
feet; thence N89053'38"W as a basis of bearing along the South line of said Tract "C" for a distance of
45.05 feet to the POINT OF BEGINNING. Containing 6,800 square feet, more or less.
This document consists of ten (10) 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 infoLaludovici-orange.com
I
RAWN: A.J.HECKED: A.A.S.
CALE: AS NOTED
ATE: 03-29-2018ROJ. : 2000 16B
SH EET:
4
OF 10 SHEETS
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SKETCH TO ACCOMPANY �
LEGAL DESCRIPTION �
PEDESTRIAN ACCESS EASEMENT 3
"FLAGLER GRAN CENTRAL STATION" L
NW 6th STE
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LUDOVICI & ORANGE
CONSULTING ENGINEERS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 1012
329 Palermo Avenue, Coral Gables, Florida 33134
In Phone:3O5-448-1600 1 infoLaludovici-orange.com
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DRAWN: A.J.
CHECKED: A.A.S.
SCALE: AS NOTED
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ATE: 03-29-20ROJ. : 2000 1613
H EET:
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SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
PEDESTRIAN ACCESS EASEMENT 4
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LUDOVICI & ORANGE
CONSULTING ENGINEERS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 1012
329 Palermo Avenue, Coral Gables, Florida 33134
IR Phone:305-448-1600 1 infoLaludovici-orange.com
DRAWN: A.J.
CHECKED: A.A.S.
SCALE: AS NOTED
IP
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LEGAL DESCRIPTION
PEDESTRIAN ACCESS EASEMENT 5
"FLAGLER GRAN CENTRAL STATION" L
TRACT "C"
"FLAGLER GRAN CENTRAL STATION"
(P.B. 170, PG. 41)
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NW 3rd ST.
LUDOVICI & ORANGE
CONSULTING ENGINEERS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 1012
329 Palermo Avenue, Coral Gables, Florida 33134
In Phone:305-448-1600 1 infoLaludovici-orange.com
DRAWN: A.J.
CHECKED: A.A.S.
SCALE: AS NOTED
IP
ATE: 03-29-2018ROJ. : 2000 16B
H EET:
OF 10 SH
V\SERVER\DPtoASURVEY\Projects\2000A2000 16B Entitlement Easements\dwgA2000 16B Entitlement Eosem
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SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
PEDESTRIAN ACCESS EASEMENT 5
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LUDOVICI & ORANGE
CONSULTING ENGINEERS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 1012
329 Palermo Avenue, Coral Gables, Florida 33134
In Phone:3O5-448-1600 1 infoLaludovici-orange.com
DRAWN: A.J.
CHECKED: A.A.S.
SCALE: AS NOTED
DATE: 03-29-2018
PROJ. : 2000 16B
H EET:
E00ti
�OF 10 SH
V\SERVER\DPtoASURVEY\Projects\2000A2000 16B Entitlement Easements\dwgA2000 16B Entitlement Eosem
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SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
PEDESTRIAN ACCESS EASEMENT 5
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CONSULTING ENGINEERS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 1012
329 Palermo Avenue, Coral Gables, Florida 33134
In Phone:305-448-1600 1 infoLaludovici-orange.com
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ATE: 03-29-2018ROJ. : 2000 16B
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CONSULTING ENGINEERS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 1012
329 Palermo Avenue, Coral Gables, Florida 33134
In Phone:305-448-1600 1 infoLaludovici-orange.com
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