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HomeMy WebLinkAboutExhibitSEC. 31 TWP. 54 S. RGE. 32 E. FOLIO/PARCEL ID NO.01-3231-000-0014 PROJECT NO. D0016495 PREPARED BY AND RETURN TO: Monica Otero Real Estate Department Peoples Gas System P.O. Box 2562 Tampa, FL 33601 EASEMENT KNOW ALL MEN BY THESE PRESENTS, that CITY OF MIAMI, a municipal corporation of the State of Florida, whose address is 444 SW 2nd Avenue, Miami, Florida 33130, ("Grantor"), in consideration of One Dollar and other valuable considerations paid to Grantor by PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, a Florida corporation, P.O. Box 2562, Tampa, Florida 33601 ("Company"), receipt whereof is hereby acknowledged, has given and granted unto the Company, its successors and assigns, a non-exclusive perpetual utility easement ("Easement") over and the right to enter upon the land in Miami -Dade County, Florida, described as follows: See Exhibit "A" attached hereto and by reference made a part hereof ("Easement Area") together with the right of ingress and egress to and from the same, and all rights therein and all privileges thereon which are or may be necessary for the full use of such easement, which is for the purposes of placing, constructing, operating, maintaining, repairing, replacing on and removing from said land, installations described as follows: Underground gas line and aboveground and underground necessary appurtenances thereto ("Facilities'). The aforesaid rights and privileges granted shall include the right and privilege to root prune or remove any and all deep-rooted vegetation upon said Easement Area and upon the Grantor's lands adjacent to said land, wherever the Company may deem it necessary or desirable to do so for the protection of said installations. Company shall promptly repair any damage to the Easement Area, or any other property not owned by Company, caused by Company exercising its rights under this agreement, including, without limitation, ground cover, planting, roadways, driveways, sidewalks, and parking areas. Grantor reserves the right to install minor landscaping, irrigation and/or fencing within the Easement Area provided that it does not and will not directly interfere with the Company's Facilities, does not change grade, and does not cause water impoundment. Grantor further acknowledges that under the "Underground Facility Damage Prevention and Safety Act" (ch. 556 Fla. Stat.), that Grantor is obligated to notify "Sunshine State One -Call of Florida, Inc." of its intent to engage in excavation or demolition prior to commencing any work and that this notification system shall provide member operations an opportunity to identify and locate, if applicable, their underground Facilities prior to said excavation or demolition. In the event Grantor fails to notify as set forth above, Grantor may be held responsible for costs and expenses incurred due to damage of Company's Facilities. Page 1 of 4 22-1-01 City of Miami - Parrot Jungle.doc The Company agrees, at the sole expense of Grantor, to relocate its Facilities, over, under and upon subject area upon the request of Grantor, with the vacated portion of this easement being released and conveyed back to Grantor and the site of the relocated Facilities being conveyed and included in this easement grant as though it had been included ab initio. The Company agrees to amend the Easement Area at such time as Grantor provides to Company a survey of the natural gas facilities contemplated herein and a specific legal description of the revised easement area acceptable to the Company. The terms "Grantor" and "Company" herein employed shall be construed to include the words "heirs, executors, administrators and assigns" and "successors and assigns" of the respective parties hereto, wherever the context so admits or requires. This Grant of Easement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof. This Grant of Easement may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. This Grant of Easement shall be binding upon the parties hereto and their respective successors and assigns. Grantor warrants to Company that it is duly formed, validly existing and in good standing under the laws of its state of formation, and Grantor has all requisite right, power, and authority to enter into this Easement, Grantor owns the Easement Area, and no consent of any other person is required to render this Easement a valid and binding instrument. This Easement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Grantee's use of the Easement Area shall be, at all times, in compliance with all applicable Federal, State, and local laws, regulations, ordinances and statutes. [Signatures on next page] Page 2 of 4 22-1-01 City of Miami - Parrot Jungle.doc IN WITNESS WHEREOF, the Grantor has executed this Grant of Easement this day of 2022 Signed, Sealed and Delivered in the presence o£ ATTEST: Todd B. Hannon City Clerk APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez City Attorney STATE OF FLORIDA COUNTY OF MIAMI-DADE GRANTOR: CITY OF MIAMI, a municipal corporation of the State of Florida, Arthur Noriega V City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe Risk Management The forgoing instrument was acknowledged before me this day of 2022 by Arthur Noriega V as City Manager of the City of Miami, a municipal corporation of the State of Florida, on behalf of the corporation by means of ❑ physical presence or ❑ online notarization. She/He personally appeared before me, is personally known to me or has produced as identification and who did (did not) take an oath. (SEAL) Notary Public Print Name Commission Expires Page 3 of 4 22-1-01 City of Miami - Parrot Jungle.doc EXHIBIT "A" (See Legal Description and Sketch Attached) Page 4 of 4 22-1-01 City of Miami - Parrot Jungle.doc SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD pL�' SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • E-MAIL: surveys@pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 LEGAL DESCRIPTION: (10' GAS EASEMENT) THREE PORTIONS OF "WATSON ISLAND", LYING AND BEING IN SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT KNOWN AS P.T. STATION 25+50 OF THE "OFFICIAL MAP OF LOCATION AND SURVEY OF PORTION OF SECTION 8706, DESIGNATED AS PART OF STATE ROAD A-1-A IN DADE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 56, AT PAGE 71, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID STATION 25+50 ALSO KNOWN AS STATION 216+25.58 AS SHOWN ON FDOT PARCEL SKETCH FOR STATE ROAD A-1-A FOR SECTION 87060-2576, SHEET 1 OF 1; THENCE SOUTH 30`08'34" EAST ALONG THE BASELINE OF SURVEY OF STATE ROAD A-1-A (MACARTHUR CAUSEWAY) AS SHOWN ON SAID PARCEL SKETCH 338.13 FEET; THENCE NORTH 60`20'24" EAST 164.72 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF PARROT JUNGLE TRAIL, BEING POINT OF BEGINNING 'A'; THENCE CONTINUE NORTH 60`20'24" EAST 5.43 FEET; THENCE SOUTH 29`39'36" EAST 10.00 FEET; THENCE SOUTH 60`20'24" WEST 5.35 FEET TO A POINT ON SAID RIGHT-OF-WAY LINE; THENCE NORTH 30`08'09" WEST ALONG SAID RIGHT-OF-WAY LINE 10.00 FEET. TO POINT OF BEGINNING 'A'; TOGETHER WITH: COMMENCING AT THE AFOREMENTIONED POINT OF BEGINNING 'A'; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING TWC (2) COURSES; 1) NORTH 30`08'09" WEST 631.25 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE SOUTHWESTERLY; 2) NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 800.00 FEET, A CENTRAL ANGLE OF 02`05'09", FOR AN ARC DISTANCE OF 29.12 FEET TO POINT OF BEGINNING 'B'; THENCE CONTINUE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE, BEING THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 800.00 FEET, A CENTRAL ANGLE OF 00`43'00", FOR AN ARC DISTANCE OF 10.01 FEET TO A REFERENCE POINT, BEING A POINT OF NON -TANGENCY; THENCE NORTH 55`24'29" EAST 37.69 FEET; THENCE SOUTH 34`35'31" EAST 10.00 FEET; THENCE SOUTH 55`24'29" WEST 38.04 FEET TO POINT OF BEGINNING 'B'. TOGETHER WITH: COMMENCING AT THE AFOREMENTIONED REFERENCE POINT, BEING A POINT ON THE ARC OF A CIRCULAR NON -TANGENT CURVE CONCAVE SOUTHWESTERLY FROM WHICH A RADIAL LINE BEARS SOUTH 57`03'42" WEST; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING FOUR (4) COURSES; 1) NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 800.00 FEET, A CENTRAL ANGLE OF 22`32'43", FOR AN ARC DISTANCE OF 314.79 FEET TO A POINT OF NON -TANGENCY; 2) SOUTH 88`59'08" WEST 59.62 FEET; 3) NORTH 55`54'35" WEST 157.45 FEET; TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1454.25 FEET, A CENTRAL ANGLE OF 10`05'41", FOR AN ARC DISTANCE OF 256.22 FEET TO POINT OF BEGINNING 'C'; THENCE CONTINUE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE, BEING THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1454.25 FEET, A CENTRAL ANGLE OF 00`23'40", FOR AN ARC DISTANCE OF 10.01 FEET TO A POINT OF NON -TANGENCY; THENCE NORTH 26`12'44" EAST 43.15 FEET; THENCE SOUTH 63`47'16" EAST 10.00 FEET; THENCE SOUTH 26`12'44" WEST 42.73 FEET TO POINT OF BEGINNING 'C'. SAID EASEMENT LYING AND BEING IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA AND CONTAINING A TOTAL OF 862 SQUARE FEET, MORE OR LESS. FILE: ESJ JI OPERATIONS, LLC SCALE: N/A I DRAWN: L.S. ORDER NO.: 69765 ■ DATE:4/1/22 ■ 10' GAS EASEMENT ■ MIAMI, MIAMI-DADE COUNTY, FLORIDA FOR: JUNGLE ISLAND SHEET 1 OF 3 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 THRU 3, INCLUSIVE ❑ JOHN F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 ❑ BETH BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 ❑ VICTOR R. GILBERT, PROFESSIONAL SURVEYOR AND MAPPER LS6274 ❑ DONNA C. WEST, PROFESSIONAL SURVEYOR AND MAPPER LS4290 STATE OF FLORIDA SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD pL�' SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • E-MAIL: surveys@pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 EASEMENT \ ejsc9yNFBgY STATE ROAD No. 41 INTERSTATE No.395 PARROT JUNGLE SITE PORTION OF SECTION 31 / AND 32-53-42 i10' GAS EASEMENT i10'GAS EASEMENT VICINITY MAP NOT TO SCALE NOTES: 1) BEARINGS ARE BASED ON THE BASELINE OF SURVEY STATE ROAD A-1-A, AS SHOWN ON FDOT RIGHT-OF-WAY MAP SECTION 87060-2576, PAGE 1 OF 1, BEING S30`08'34"E. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) ALL RECORDED DOCUMENTS ARE PER THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FILE: ESJ JI OPERATIONS, LLC SHEET 2 OF 3 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE SCALE: N/A I DRAWN: L.S. WITHOUT SHEETS 1 THRU 3, INCLUSIVE ORDER NO.: 69765 DATE: 4/1 /22 10' GAS EASEMENT MIAMI, MIAMI-DADE COUNTY, FLORIDA FOR: JUNGLE ISLAND SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD pL�' SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • E-MAIL: surveys@pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 H---- ICA=22`32'43"Z c""°'"L A=314.79' R-800.00' (TOTAL) CA:0043'00" I REFERENCE A--10.01' I Iv Is o POINT POINT OF I I� o BEGINNING 'B' I M M w R=800.00' I I= � M CA=2`05'09"I I I IN Co A=29.12' I INo �' v I I� z co I _J I I I Ico II � I I u) w I I I I n a I I I �a c] �US I r II ~ a I II -5 I I I I I <� POINT OF `3 COMMENCEMENT I �, Qoaa PT STATION 25+50 I I I I oc_�.5n c" I I �f-oo o l l N�inF I I z l l �w II 11�= I I Ia M I I Wq oo w I D� W I I � co L� �== o cD N zo zo v IwLo cc n Igo L o w N o POINT OF I r z o BEGINNING 'A' I o cm N60`20'24"E 164.72'' I N29°39'36"W 10.00' FILE: ESJ JI OPERATIONS, LLC SCALE: 1 "=80' 1 DRAWN: L.S. ORDER NO.: 69765 DATE: 4/1 /22 10' GAS EASEMENT R=1454.25' CA=0'23'40" A=10.01= POINT OF_ BEGINNING 'C' R=1454.25' CA=10`05'41" A=256.22' 129� A v� �s \ J, ��A s� \ S88'59'08"W 59.62' \ 1 \ 11 \ \ 11 I \ 11 11 11 1 1 1 I I 11 11 R=800.00' I I 11 CA=22`32'43" I I A=314.79' I I MATH LINE (TOTAL) I SHEET 3 OF 3 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 THRU 3, INCLUSIVE LEGEND: FDOT FLORIDA DEPARTMENT OF TRANSPORTATION FPL FLORIDA POWER & LIGHT COMPANY O.R.B. OFFICIAL RECORDS BOOK MIAMI, MIAMI-DADE COUNTY, FLORIDA FOR: JUNGLE ISLAND