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HomeMy WebLinkAboutR-96-0910r V, J-96-1203 11/13/96 � 6 o RESOLUTION NO. 910 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO: 1) EXECUTE AMENDMENTS, IN SUBSTANTIALLY THE ATTACHED FORM (S), TO CERTAIN EASEMENTS GRANTED TO METROPOLITAN DADE COUNTY (THE "COUNTY") AND 2) ACCEPT AMENDMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), TO THE ACCESS AGREEMENT AND EASEMENT GRANTED TO THE CITY OF MIAMI, PURSUANT TO RESOLUTION NO. 95-419; FURTHER AUTHORIZING THE CITY MANAGER TO GRANT TO THE COUNTY THREE (3) ADDITIONAL TEMPORARY CONSTRUCTION EASEMENTS AND A NON-EXCLUSIVE UTILITY EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, OVER, ALONG AND UPON CERTAIN PARCELS OF CITY - OWNED LAND SITUATED ON VIRGINIA KEY, MORE PARTICULARLY DESCRIBED HEREIN, WITH PAYMENT IN THE AMOUNT OF $150,000 TO BE PROVIDED BY THE COUNTY TO THE CITY AS CONSIDERATION. FOR ALL AGREEMENTS REFERENCED HEREIN. WHEREAS, on May 25, 1995, the City Commission adopted Resolution No. 95-419, authorizing the City Manager to enter into a purchase and sale agreement with Metropolitan Dade County (the "County") for the purpose of conveying to the County a parcel of land situated in Virginia Key and granting to the County a Temporary Construction Easement, a Non-exclusive Ingress and Egress Easement and a Non-exclusive Utility Easement over, along and upon certain parcels of City -owned land situated in Virginia Key; and WHEREAS, in consideration for the above, the County provided to the City the sum of $217,350 ($110,000 in cash at closing and ATTACHMENT ( ) tk CONTAINED CITY CORMISSION MEETING OE DEC 1 2 1996 Resolution No. I r $107,350 inkind), an Access Agreement over and across the Sewage Plant to facilitate the City's ingress and egress to the City compost facility and a non-exclusive Access Easement Agreement in and along certain property located along the west property line of the Sewage Plant, for vehicular ingress and egress to City property, wherein the City presently operates a composting facility and fill site; and WHEREAS, the County has requested, at this time, to make certain changes, more particularly described herein, to said agreement and easements due to unavoidable delays beyond the County's control, which require amendments accordingly; and WHEREAS, in addition, for uses as staging areas and a storage area in connection with their construction, the County has requested three (3) additional Temporary Construction Easements and a Non-exclusive Utility Easement over, along and upon certain parcels of City -owned land situated in Virginia Key; and WHEREAS, the City Commission hereby determines that for use by the County in furnishing essential governmental, health, safety, and welfare services to it is in the City's best interest to amend the existing agreement and certain existing easements and to grant various additional easements to the County in and along certain portions of the land owned by the City at Virginia Key; NOW, THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference - 2 - r thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute the following agreements, in substantially the attached form, with Metropolitan Dade County: I. Amendment to Agreement for Access Route dated June 20, 1995, attached hereto as Exhibit "A", for purposes of effectuating a realignment of the non- exclusive vehicular access route previously granted by the County to the City pursuant to the Agreement for Access Route by and between the City and the County executed on June 20, 1995; II. Modification to Grant of Easement by Metropolitan Dade County to City of Miami, attached hereto as Exhibit "B", for purposes of effectuating a realignment of a route utilized by the City to for non-exclusive vehicular ingress and egress to certain county owned I property, pursuant to the Grant of Easement by and between the Metropolitan Dade County and the City of j Miami, executed on June 20, 1995; III. Temporary Construction Easement Between City of { Miami and Metropolitan Dade County, attached hereto as Exhibit "C", for purposes of granting to the County the right and privilege of a temporary construction easement in and along certain property owned by the City, for use as a storage area in connection with construction of the Project; - 3 - 96.910 t I i i 4 II� i I i III. Temporary Construction Easement Between City of Miami and Metropolitan Dade County, attached hereto as Exhibit "D", for purposes of granting to the County the right and privilege of a temporary construction easement in and along certain property owned by the City, for use as a staging area in connection with construction of the Project; IV. Grant of Easement By City of Miami To Metropolitan Dade County, attached hereto as Exhibit "E", for purposes of granting to the County the right and privilege of a perpetual non-exclusive easement for the purpose of constructing, reconstructing, installing, operating, maintaining, repairing, replacing, improving, removing and inspecting the effluent pump station, outfall sewer line, and an underground cross connection line presently under construction by the County in connection with the Project; V. Amendment To Grant of Easement By City of Miami To Metropolitan Dade County, attached hereto as Exhibit "F" , for purposes of extending the term of the temporary construction easement previously granted by the City to the County pursuant to the Grant of Easement by and between the City and the County executed on June 20, 1995; VI. Amendment To Temporary Construction Easement Between City of Miami And Metropolitan Dade County, attached hereto as Exhibit "G", for purposes extending the term of the temporary construction easement - 4 - 96-919 I: -1 previously granted by the City to the County pursuant to the Temporary Construction Easement by and between the City and the.County executed on June 20, 1995; VII. Agreement, attached hereto as Exhibit °HII, for purposes of authorizing the County to deposit up to 50,000 cubic yards of sand material upon a the Virginia Key Spoil Site, and further authorizing the County to remove up to 25,000 cubic yards of sand material from the Virginia Key Spoil Site, with payment in the amount of $150,000 to be provided by the County to the City within forty five (45) days of the execution of all the agreements referenced above as consideration. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day of December , 1996. / ` AT JOE CAROLLO, MAYOR WALTER J. FORMAN, CITY CLERK PREPARED AND APPROVED BY: JULIE 0. BR ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: - 5 - 9 6,- 9 1 0 ri l 1 . AMENDMENT TO AGREEMENT FOR ACCESS ROUTE THIS AMENDMENT, made this day of , 1996, by and between Metropolitan Dade County, a political subdivision of the State of Florida, ("County"), and the City of Miami, a municipal corporation of the State of Florida, ("City"). WITNESSETH WHEREAS, the City and the County entered into an Agreement for Access Route on June 20, 1995; and WHEREAS, the route provided pursuant to said Agreement needs to be realigned; and WHEREAS, the City and the County wish to amend said Agreement to reflect said realignment as well as modifying some of the rights and obligations under said Agreement. NOW, THEREFORE, for and in consideration of the premises contained herein, the City and the County hereby agree to the following: 1. Paragraph 2. ACCESS ROUTE is hereby deleted and replaced with the following: 2. ACCESS ROUTE The County hereby grants and conveys to the City a non- exclusive right of vehicular access ("Access Route") for purposes of ingress and egress to the Compost Station over and across the County Property as more particularly depicted in Exhibit "B 1 ") attached hereto and made a part hereof. The Access Route shall be constructed at the sole cost and expense of the County and shall be available for use by the City on or before June 30, 1997 unless said construction is delayed by circumstances beyond the control of the County. The County hereby agrees that the Access Route provided pursuant to this agreement shall be constructed of asphalt and shall be of a quality able to handle the loads intended. 96-910 2. Paragraph 7. ABANDONMENT ORDISCONTINUANCE OF ACCESS ROUTE is hereby deleted and replaced with the following: 7. ABANDONMENT OR DISCONTINUANCE OF ACCESS ROUTE. Upon the abandonment of the Access Route, the City shall notify County of such abandonment as soon as practicable and the right given shall cease to the extent of the use so abandoned, and the County shall at once have the right, in addition to, but not in qualification of the rights reserved, to resume the exclusive use of the Access Route. Should City fail at any time to use the Access Route for the purpose specified herein for a continuous period of two years, the right given shall cease to the extent of the use so discontinued, and the County shall at once have the right, in addition to but not in qualification of the rights reserved, to resume the exclusive use of the Access Route. In the event the City exercises its rights pursuant to the Modification to the Grant of Easement which shall be executed concurrently with this Amendment to construct an access route in and along that property described in Exhibit "CI" attached hereto and made a part hereof, the rights, privileges, and interest given pursuant to this Amendment in Parcel A of Exhibit "B 1" shall automatically terminate upon the completion of the Access Route granted pursuant to said Modification. 3. This Amendment is effective as of the date first written above. The Grantor and the Grantee agree that, except insofar and only insofar as the terms, conditions, provisions and exhibits of the Agreement for Access Route which are herein expressly modified, changed or amended, all of the terms and conditions contained in the Agreement for Access Route shall remain in full force and effect. k�l IN WITNESS WHEREOF, the parties hereto have entered into this Amendment to Agreement for Access Route on the day and year first above written. ATTEST: METROPOLITAN DADE COUNTY, FLORIDA Harvey Ruvin, Clerk Deputy Clerk Approved as to form and legal sufficiency: Armando Vidal County Manager Assistant County Attorney Accepted and Agreed by THE CITY- OF MIAMI this day of _, 1996: ATTEST: THE CITY OF MIAMI, FLORIDA City Clerk Approved as to form and legal sufficiency: City Attorney cAwpwin60hvpdocs \110696a.doc 3 City Manager _P.O.C. NORTHWEST CORNER SEC. 16-54-d2 NORTH LINE ''SEC, �.--+1-- 16-54-42 N 89'35'46" E 1250.00' w 17.78- N 89'35'46" E °' N 89'35'46" E N rn 30,00 oco N � _ P.0.8, N 00'24'14" W 278.24' R = 655.00' — p = 08'28'55"- L = 96,96' g 0 0 R = 625.00' p = 08'28'55" L = 92.52�— S 00'24'14" E- 2.96 SOUTHWEST CORNER WWTP PROPERTY � I B- 2001 NA 1071M AVENUE WHO, MDR" 23172-. (302) 592-7273 S 00'24'14' E 278.24' 0 50 100 200 300 GRAPHIC SCALE IN FEET ABBREVIATIOPIS� P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.C.C. P0114T OF COMPOUND CURVATURE P.C. POINT OF CURVATURE P.R.C. POINT OF REVERSE CURVATURE '-R = 625.00' P.N.T. POINT OF NON -TANGENT INTERSECTION p = 08'28'55" L = 92.52' P.T. POINT OF TANGENCY P.R.C. P.O.T. POINT OF TERMINATION R a 655.00' p = 08'28'55" R RADIUS L = 96.96' SEC. SECTION P.T. S 00'24'14" E 2.96 WWTP WASTEWATER TREATMENT PLANT S 89'35'46" W MIAMI—DADE WATER do SEWER DEPARTMENT CENTRAL DISTRICT WASTEWATER TREATMENT PLANT PROPERTY NOT SUBDIVIDED PORTION OF SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 EAST ISLAND OF VIRGINIA KEY, DADE COUNTY, FLORIDA. SOUTH LINE WWTP PROPERTY N $9'35'46" E a 6 — 91 Q EXHIBIT SKETCH TO ACCOMPANY DATE: 11-12-96 /1c1 " LEGAL DESCRIPTfON DRAWN: M. PAUSA :NTRAL DISTRICT WASTEWATER JOB NO CHECKED� D.W. -3448 63 TREATMENT PLANT PAGE 1 OF 3 LeGAL DESCRIPTIONe A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 EAST ON THE ISLAND OF VIRGINIA KEY, DADE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 16; THENCE N89'35'46"E ALONG THE NORTH LINE OF SAID SECTION 16 FOR 1250.00 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE MIAMI- DADE WATER & SEWER DEPARTMENT CENTRAL DISTRICT WASTEWATER TREATMENT PLANT PROPERTY; THENCE S00'24'14"E ALONG SAID WEST LINE OF THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT PROPERTY FOR 897.89 FEET; THENCE DEPARTING SAID WEST LINE OF THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT PROPERTY, N89'35'46"E FOR 17.78 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE N89'35'46"E FOR 30.00 FEET; THENCE S00'24'14"E FOR 278.24 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 625.00 FEET AND A CENTRAL ANGLE OF 08'28'55" FOR 92.52 FEET TO A POINT OF REVERSE CURVATURE WITH THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 655.00 FEET AND A CENTRAL ANGLE OF 08'28'55" FOR 96.96 FEET TO THE POINT OF TANGENCY; THENCE S00'24'14"E FOR 2.96 FEET; THENCE S89'35'46"W FOR 30.00 FEET; THENCE N00'24'14"W FOR 2.96 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 625.00 FEET AND A CENTRAL ANGLE OF 08'28'55" FOR 92.52 FEET TO A POINT OF REVERSE CURVATURE WITH THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 655.00 FEET AND A CENTRAL ANGLE OF 08'28'55" FOR 96.96 FEET TO THE POINT OF TANGENCY; THENCE N00'24'14"W FOR 278.24 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 14,121 SQUARE FEET OR 0.32 ACRES, MORE OR LESS, SURVEYOR'S NOTESi THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" DOES NOT REPRESENT A FIELD BOUNDARY SURVEY. BEARINGS AS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S00'24'14"E ALONG THE WEST LINE OF THE MIAMI-DADE WATER SEWER DEPARTMENT CENTRAL DISTRICT WASTEWATER TREATMENT PLANT PROPERTY AS MORE FULLY DESCRIBED ON THE BOUNDARY SURVEY PREPARED BY THE MIAMI-DADE WATER & SEWER DEPARTMENT DATE JUNE 1992 AND LAST REVISED JANUARY 6, 1995. IMPROVEMENTS WITHIN OR ABUTTING THE SUBJECT PROPERTY WERE NOT LOCATED AND ARE NOT SHOWN. THERE MAY BE RESTRICTIONS ON THIS PROPERTY THAT ARE NOT SHOWN THAT MAY BE FOUND IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. SKETCH TO ACCOMPANY DATE:. 11-12-96 LEGAL DESCRIPTION DRAWN: M. PAUSA CHECKECENTRAL DISTRICT WASTEWATER JOB NO.: 01W 3�48 63 M5lS2_jAl?2_25o TREATMENT PLANT PAGE 2 OF 3 305 M 96-910 r -PROJECT LOCH 'ON s Lama AKE • N ACkE nub GINIA KEY LAKE r; VIRGINIA BEACH PARK Northwest Point EY .ISCAYNE LOCATION MAP NOT To SCAN THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" CONSISTS OF THREE PAGES AND EACH PAGE SHALL NOT BE CONSIDERED VALID, FULL AND COMPLETE UNLESS ATTACHED TO THE OTHER PAGES THEREOF. SURVEYOR'S CERTIFICATEi I HEREBY CERTIFY: THAT THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, POST, BOCKLEY, SCHUH & JERNIGAN, INC. FLORIDA CER,]CAIT,,0F A THORIZATION NO. LB24 BY: -- ----- ------------------ CARL OS M. DEL VALLE, PLS PROFESSIONAL LAND SURVEYOR NO. 4408 STATE OF FLORIDA NOTICE: NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS AND REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. THIS NOTICE IS REQUIRED BY RULE 61C17-6 OF THE FLORIDA ADMINISTRATIVE CODE. SKETCH TO ACCOMPANY DATE: 11-12-96 LEGAL DESCRIPTION DRAWN: M. PAUSA 2001 H,M".3172-2W CENTRAL DISTRICT WASTEWATER OBNO 01W 34863 MAIN, 7LTREATMENT PLANT PAGE 3 OF 3 (J00) 59I-7275 1-3063\ U-A II-6-46 3,22-05 0� EST 96-91 THIS INSTRUMENT PREPARED BY PAUL P. ACOSTA ASSISTANT COUNTY ATTORNEY 4200 SALZEDO STREET CORAL GABLES, FL 33146 MODIFICATION TO GRANT OF EASEMENT BY METROPOLITAN DADE COUNTY TO CITY OF MIAMI THIS AMENDMENT, made this day of 1996, between Metropolitan Dade County, a political subdivision of the State of Florida ("Grantor"), and the City of Miami, a municipal corporation of the State of Florida, ("Grantee"). W I T N E S S E T H WHEREAS, Grantor and Grantee entered into a perpetual non- exclusive Grant of Easement on June 20, 1995, for the purpose of providing vehicular ingress and egress to facilitate access to certain property owned by the Grantee; and WHEREAS, said Easement granting vehicular access needs to be realigned; and WHEREAS, the parties wish to modify the Grant of Easement to reflect such a realignment as well as modifying some of the rights and obligations under said Grant of Easement. NOW THEREFORE, for and in consideration of the premises contained herein, the Grantor and the Grantee hereby agree to the following: 1. The Grantee hereby releases of record and disclaims any and all rights, privileges and interest it may have in the Easement granted by the Grantor to the Grantee on June 20, 1995 as more particularly described in Exhibit "A" attached hereto and made a part hereof. 2. Paragraph 1. INGRESS/EGRESS EASEMENT is hereby deleted and replaced with the following: Grantor, for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the Grantor, has granted and does hereby grant to the Grantee, its successors and assigns, the right and privilege of a perpetual non-exclusive easement (the "Easement") in and along certain property owned by Grantor, as more particularly described and shown in Exhibit "A1" attached hereto and made a part hereof (the "Property"), for vehicular ingress and egress purposes (the "Access Route") to facilitate access to certain property owned by Grantee (the "City Property"), as depicted in Exhibit "B" attached hereto and made a part hereof. 3. Paragraph 2. ACKNOWLEDGMENT OF EXISTING ENCUMBRANCES is hereby deleted in its entirety. 4. This Modification is effective as of the date first written above. The Grantor and the Grantee agree that, except insofar and only insofar as the terms, conditions, provisions and exhibits of the Grant of Easement which are herein expressly modified, changed or amended, all of the terms and conditions contained in the Grant of Easement shall remain in full force and effect. 2 96 - 910 IN WITNESS WHEREOF, the parties hereto have entered into this Modification to Grant of Easement on the day and year first above written. ATTEST: METROPOLITAN DADE COUNTY, FLORIDA Harvey Ruvin, Clerk Deputy Clerk Armando Vidal County Manager Approved as to form and legal sufficiency: Assistant County Attorney Accepted and Agreed by THE CITY OF MIAMI this day of 1996: ATTEST: THE CITY OF MIAMI, FLORIDA City Clerk Approved as to form and legal sufficiency: c:\wpwin60\wpdocs\091696a.doc 3 City Manager ���910 k 9'35'46" E 12=0,00 N 89'35'46" E "^ 30.00' P. 0. B. w N _ N ( ABBREVIATIONS �vl v N w v v P.0.8. POINT OF BEGINNING _ 4 P.O.C. POINT OF COMMENCEMENT M Co Of d o w o w z N N PCC POINT OF COMPOUND CURVATURE zan z0 PC POINT OF CURVATURE 3 . a w . PRC POINT OF REVERSE CURVATURE a a PCu POINT OF CUSP N N 0 0 PNT POINT OF NON -TANGENTIAL INTERSECTION 0 0o z N PT POINT OF TANGENCY 0 PC PT C-5 POT POINT OF TERMINATION C-4 — -- PRC PR R RADIUS C-6 SEC. SECTION C-3— — PT SO. FT. SQUARE FEET PC N WWTP WASTEWATER TREATMENT PLANT p WEST LINE WWTP PROPERTY N N SUBJECT PARCEL I CURVE I RADIUS I LENGTH I DELTA 41,154 sq.ft. w 0.94 acres t iO i0 N N N N n n 0 0 z N w m SOUTHWEST CORNER WWTP PROPERTY I 7001 N.W. 1071M me" uium, �1n-zso p001 5ol-72�-7773 C-1 37.00 29.28 45'2012" C-2 107.00 88.23 47'14 41 C-3 113.00 53.32 2 7'0 204 C-4 83.00' 39.16 27'0158 C-5 53.00 25.01 270158' C-6 143.00 67.43 2T0109 C-7 77.00 63.49 47'14 41 ' C-8 67.00 30.42 26'00 42 C-9 37.00 44.06 68'13 24 MIAMI—DADE WATER & SEWER DEPARTMENT CENTRAL DISTRICT WASTEWATER TREATMENT PLANT PROPERTY 3 w N NOT SUBDIVIDED PORTION OF SECTION 16, TOWNSHIP .54 SOUTH, RANGE 42 EAST 0 0 ISLAND OF VIRGINIA KEY, DADE COUNTY, FLORIDA. 0 0 z y J Q PT &PN a w C-2 —C-9 PRPRC o C-N N 89'35'46" E SOUTH LINE WWTP PROPERTY N87'08'39"E 59.61' PCu (RADIAL) S 89'35'46" W EXHIBIT 11 -2 0 50 100 200 300 GRAPHIC SCALE IN FEET SKETCH TO ACCOMPANY DATE: 05-23-95 LEGAL DESCRIPTION DRAWN: J. ARIS11ZABAL — CHECKED: CENTRAL DISTRICT WASTEWATER JOB NO.: D01-18� 00 TREATMENT PLANT PAGE 1 of 3. 0 1i,!,. l r LE( DESCRIPTION A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 EAST ON THE ISLAND OF VIRGINIA KEY, DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED BY "METES AND BOUNDS" AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 16; THENCE N89'35'46"E ALONG THE NORTH LINE OF SAID SECTION 16 FOR 1250.00 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE MIAMI- DADE WATER & SEWER DEPARTMENT CENTRAL WASTEWATER TREATMENT PLANT PROPERTY, HEREINAFTER REFERRED TO AS THE WASTEWATER TREATMENT PLANT PROPERTY; THENCE S00'24'14"E ALONG SAID WEST LINE OF THE WASTEWATER TREATMENT PLANT PROPERTY FOR 897.89 FEET; THENCE DEPARTING SAID WEST LINE OF THE WASTEWATER TREATMENT PLANT PROPERTY, N89'35'46"E FOR 17.78 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE N89'35'46"E FOR 30.00 FEET; THENCE S00'24'14"E FOR 278.24 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; 'THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 53.00 FEET AND A CENTRAL ANGLE OF 27'01'58" FOR 25.01 FEET TO' A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 143.00 FEET AND A CENTRAL ANGLE OF 27'01'09" FOR 67.43 FEET TO THE POINT OF TANGENCY; THENCE S00'32'26"E FOR 554.09 FEET; THENCE S00'56'52"E FOR 324.29 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 77.00 FEET AND A CENTRAL ANGLE OF 47'14'41" FOR 63.49 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 67.00 FEET AND A CENTRAL ANGLE OF 26*00'42" FOR 30.42 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 37.00 FEET AND A CENTRAL ANGLE OF 68'13'24" FOR 44.06 FEET TO A POINT OF CUSP, WITH SAID POINT OF CUSP BEARING S00'24'14"E FROM THE CENTER OF SAID CURVE AND SAID POINT OF CUSP ALSO BEING A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID WASTEWATER TREATMENT PLANT PROPERTY; THENCE S89'35'46"W ALONG SAID SOUTH LINE OF THE WASTEWATER TREATMENT PLANT PROPERTY FOR 59.61 FEET TO A POINT OF TERMINATION ALONG SAID SOUTH LINE OF THE WASTEWATER TREATMENT PLANT PROPERTY AND A POINT OF NON -TANGENTIAL INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, WITH SAID POINT OF NON -TANGENTIAL INTERSECTION BEARING N87'08'39"E FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 37.00 FEET AND A CENTRAL ANGLE OF 45'20'12" FOR 29.28 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 107.00 FEET AND A CENTRAL ANGLE OF 47'14'41" FOR 88,23 FEET TO THE POINT OF TANGENCY; THENCE N00'56'52"W FOR 324.40 FEET; THENCE N00'32'26"W FOR 554.23 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 113.00 FEET AND A CENTRAL ANGLE OF 27'02'04" FOR 53.32 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 83.00 FEET AND A CENTRAL ANGLE OF 27'01'58" FOR 39.16 FEET TO THE POINT OF TANGENCY; THENCE N00'24'14"W FOR 278.24 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 41,154 SQUARE FEET OR 0.94 ACRES, MORE OR LESS. SKETCH TO ACCOMPANY DATE: 05-23-95 LEGAL DESCRIPTION DRAWN: J. ARISTIZABAL CHECKED: D.W. DEANS TOOT Nfp�4�DCWCENTRAL DISTRICT WASTEWATER JOB NO.: 01-187.00 (M)302-=T5"TTREATMENT PLANT PAGE 2 OF 3 9*6 - 91.0 r �- PROJECT LOCATION Lan :AKE Eck RGINIA KEY LAK 9 VIRGINIA BEACH PARK Northwest Point Yg TSCAYNE LOCATION MAP NOT TO SCALE SURVEYOR'S NOTES: THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" DOES NOT REPRESENT A FIELD BOUNDARY SURVEY., BEARINGS AS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S00'24'14"E ALONG THE WEST LINE OF THE MIAMI—DADE WATER & SEWER DEPARTMENT CENTRAL DISTRICT WASTEWATER TREATMENT PLANT SITE AS SHOWN ON THE BOUNDARY SURVEY PREPARED BY THE MIAMI—DADE WATER & SEWER DEPARTMENT DATED JUNE 1992 AND LAST REVISED JANUARY 6, 1995. IMPROVEMENTS WITHIN OR ABUTTING THE SUBJECT PROPERTY WERE NOT LOCATED AND ARE.NOT SHOWN. THERE MAY BE RESTRICTIONS ON THIS PROPERTY THAT ARE NOT SHOWN THAT MAY BE FOUND IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY: THAT THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION AND FURTHER, THAT SAID SKETCH MEETS THE INTENT OF THE "MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA", PURSUANT TO CHAPTER 472,027, FLORIDA STATUTES AND RULE 61G17-6 OF THE FLORIDA ADMINISTRATIVE CODE. POST, BUCKLEY, SCHUH & JERNIGAN, INC. BY: —_ &'_�---------- CARLOS M. DEL VALLE, PLS PROFESSIONAL LAND SURVEYOR NO. 4408 STATE OF FLORIDA NOTICE: THIS DOCUMENT IS NOT VALID UNLESS SIGNED AND EMBOSSED WITH THE SURVEYOR'S RAISED IMPRESSION SEAL. SKETCH TO ACCOMPANY LEGAL DESCRIPTION_ 1pp{ 1�,r, MTN ANchvE CENTRAL DISTRICT WASTEWA (305) 22-72 �,17:-:5 TREATMENT PLANT DATE: 05-23-95 DRAWN: J. ARISTIZABAL CHECKED: D.W. DEANS TER JOB NO.: 01-187.00 PAGE 3 OF 3 96-1110 _P.O.C. NORTHWEST CORNER NORTH LINE I SEC, 16-51-42 i 16-54-42 s--9'35'46" E 1250,00' 17.78' N 89'35'46" E It89'35'46" E 30.00, 0 50 100 200 300 GRAPHIC SCALE IN FEET P.O.B N 00'24'14" W 278.24' R = 655.00' p = 08'28'55"0 L 96.96' o 0 0 1M R = 625.00' p = 08'28'55" L = 92.52' S 00'24'1,4" E—� 2.96 wl v a 0 0 In f: Cc w a wo zm J a. SOUTHWEST CORNER WWTP PROPERTY 20 11 N.M. 107M AVVM rA* ROMA 33172-250 (30S) 092-7277 S 00*24'14" E 278.24' P.C. �- R = 625.00' p = 08'28'55" L = 92.52' .R.C. �_R 08'28' = ' p = 08'2855" L = 96.96' :• S 00'24'1,4" E .� 2.96 30.00' S 89'35'46" W ABBREVIATION& P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.C.C. POINT OF COMPOUND CURVATURE P.C. POINT OF CURVATURE P.R.C. POINT OF REVERSE CURVATURE P.N.T. POINT OF NON -TANGENT INTERSECTION P.T. POINT OF TANGENCY P.O.T. POINT OF TERMINATION R RADIUS SEC. SECTION WWTP WASTEWATER TREATMENT PLANT MIAMI-DADE WATER & SEWER DEPARTMENT CENTRAL DISTRICT WASTEWATER TREATMENT PLANT PROPERTY NOT SUBDIVIDED PORTION OF SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 EAST ISLAND OF VIRGINIA KEY, DADE COUNTY, FLORIDA. SOUTH LINE N 89'35'46" E WWTP PROPERTY f 96 - 910 i i EXHIBIT SKETCH TO ACCOMPANY DATE: 11-12-96 i LEGAL DESCRIPTION DRAWN: M. PAUSA 0W DEANS "Al CENTRAL DISTRICT WASTEWATER JCHECKED: 13486(( E TREATMENT PANT PAGE 1 of 3 I r I LE4�rL DESCRIPTIONi A 'PARCCL OF LAND LYING IN SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 EAST ON THE ISLAND OF VIRGINIA KEY, DADE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 16; THENCE N89'35'46"E ALONG THE NORTH LINE OF SAID SECTION 16 FOR 1250.00 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE MIAMI- DADE WATER & SEWER DEPARTMENT CENTRAL DISTRICT WASTEWATER TREATMENT PLANT PROPERTY; THENCE S00'24'14"E ALONG SAID WEST LINE OF THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT PROPERTY FOR 897.89 FEET; THENCE DEPARTING SAID WEST LINE OF THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT PROPERTY, N89'35'46"E FOR 17.78 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE N89'35'46"E FOR 30.00 FEET; THENCE S00'24'14"E FOR 278.24 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 625.00 FEET AND A CENTRAL ANGLE OF 08'28'55" FOR 92.52 FEET TO A POINT OF REVERSE CURVATURE WITH THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 655.00 FEET AND A CENTRAL ANGLE OF 08'28'55" FOR 96.96 FEET TO THE POINT OF TANGENCY; THENCE S00'24'14"E FOR 2.96 FEET; THENCE S89'35'46"W FOR 30.00 FEET; THENCE N00'24'14"W FOR 2.96 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 625.00 FEET AND A CENTRAL ANGLE OF 08'28'55" FOR 92.52 FEET TO A POINT OF REVERSE CURVATURE WITH THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 655.00 FEET AND A CENTRAL ANGLE OF 08'28'55" FOR 96.96 FEET TO THE POINT OF TANGENCY; THENCE N00'24'14"W FOR 278.24 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 14,121 SQUARE FEET OR 0.32 ACRES, MORE OR LESS. SURVEYOR'S NOTE& THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" DOES NOT REPRESENT A FIELD BOUNDARY SURVEY. BEARINGS AS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S00'24'14"E ALONG THE WEST LINE OF THE MIAMI-DADE WATER SEWER DEPARTMENT CENTRAL DISTRICT WASTEWATER TREATMENT PLANT PROPERTY AS MORE FULLY DESCRIBED ON THE BOUNDARY SURVEY PREPARED BY THE MIAMI-DADE WATER & SEWER DEPARTMENT DATE JUNE 1992 AND LAST REVISED JANUARY 6, 1995. IMPROVEMENTS WITHIN OR ABUTTING THE SUBJECT PROPERTY WERE NOT LOCATED AND ARE NOT SHOWN. THERE MAY BE RESTRICTIONS ON THIS PROPERTY THAT ARE NOT SHOWN THAT MAY BE FOUND IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. SKETCH TO ACCOMPANY DATE: 11-12-96 LEGAL DESCRIPTION DRAWN: M. PAUSA CHECKECENTRAL DISTRICT WASTEWATER JOB NO.: D.W. 348 63 M10MAMMNA TREATMENT PLANT PAGE 2 OF 3 96 - 910 �i I PROJECT L0Cd4►�---tON Ilk s Lama AKE NBACKE nta RGINIA KEY LAKE '• VIRGNA REACH PARK •' � ;.'r • •' •' ,. G•, •. � Northwest Point , �. �••EY �•ISCAYNE LOCATION MAP NOT TO SCALE THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" CONSISTS OF THREE PAGES AND EACH PAGE SHALL NOT BE CONSIDERED VALID, FULL AND COMPLETE UNLESS ATTACHED TO THE OTHER PAGES THEREOF. SURVEYOR'S CERTIFICATEt I HEREBY CERTIFY: THAT THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. POST, BUCKLEY, SCHUH & JERNIGAN, INC. FLORIDA CERTIF6ATTE OF AUTHORIZATION NO. L824 BY: -- - -- I - I — — -------------------- CARLOS M. DEL VALLE, PLS PROFESSIONAL LAND SURVEYOR NO. 4408 STATE OF FLORIDA NOTICE: NOT vAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS AND REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. THIS NOTICE IS REQUIRED BY RULE 61G17-6 OF THE FLORIDA ADMINISTRATIVE CODE. SKETCH TO ACCOMPANY DATE: 11-12-96 PM - LEGAL DESCRIPTION DRAWN: M. PAUSA AM CENTRAL DISTRICT WASTEWATER JOB NO CHECKED: 01W 348 63S Zorn N.W. torn+ A�o"1E PAGE 3 OF 3 (W) Z-72 ""'- TREATMENT PLANT (wsl >oa-tns 1•]+95)%;U-4 II-8-44 3•23,M m E•.1 13— ^J' 1 P J. i p Ai yti TEMPORARY CONSTRUCTION EASEMENT BETWEEN CITY OF MIAMI AND METROPOLITAN DADE COUNTY THIS AGREEMENT, made this _. day of , 1996 ("Effective Date"), between the City of Miami, a municipal corporation of the State of Florida, ("Grantor), and Metropolitan Dade County, a political subdivision of the State of Florida ("Grantee"). WIINF.SSF.TTT WHEREAS, the Grantee will be in the process of constructing various water and sewer system improvements (collectively the "Facilities"); and WHEREAS, the Grantee is in the need of certain property owned by the Grantor for use as a storage area in connection with the construction of the Facilities; and WHEREAS, the Grantor wishes to satisfy the Grantee's need by granting this Temporary Construction Easement to the Grantee. NOW THEREFORE, for and in consideration of the premises contained herein, the Grantor and the Grantee hereby agree to the following: 1. TEMPORARY EASEMENT. Grantor has granted and does hereby grant to the Grantee, its successors and assigns, the right and privilege of a Temporary Construction Easement with frill right of ingress thereto and egress therefrom, (the "Easement"), in and along certain property owned by Grantor, as more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"), for use as a storage area in connection with the construction of the Facilities. 2. IFI M. This Easement shall commence on the effective date and shall terminate on June 30, 1999. Upon the termination of this Easement, title to the easement shall revert to and vest in Grantor immediately and automatically. 3, CTRANTOR'S RTCTTITS RF.4FRVF.D. Grantor reserves the right to use the Property for any lawful purpose that will not prevent or interfere with the exercise by the Grantee of the rights granted under this Easement. 4. RFT.00ATTON OF F.XTSTTNC'T PAVFD ROAD) Grantee, at its sole expense, shall realign the existing road within the Easement area as described in Exhibit "A" to allow ingress and egress of all types of vehicular traffic to the Virginia Key Spoil Site. 5. OPERATION AND MAINTENANCE OF PROPERTY_ Grantee shall exercise the rights granted herein in such a manner as not to cause any damage or destruction of any nature to or interruption of the use of the adjoining lands owned by Grantor. Grantee shall maintain, utilize and conduct any activities upon the Property in a proper and safe manner at Grantee's sole cost and expense. 6. RF4TORATTON OF PROPERTY. Upon the expiration, discontinuance or abandonment of this Easement, Grantee shall restore the Property and any areas used by Grantee for ingress and egress thereto, at Grantee's sole cost and expense, including, but not limited to, the removal and disposal of debris. Said restoration shall require the realignment of the paved road to its original location, as described in Exhibit "A". Grantee shall be responsible, at Grantee's sole cost and expense, for any environmental clean-up, if required by a Federal, State or local agency, which may be caused by the Grantee's use of this Easement. 2 96-910 0 Should Grantee fail to restore the Property and areas of ingress and egress and perform any environmental clean-up as may be required pursuant to this Easement within thirty (30) days after receipt of written notice from Grantor directing the required restoration and clean-up, Grantor shall cause Property and the areas of ingress and egress to be restored and cleaned -up on behalf of Grantee, and Grantee shall pay Grantor the full cost of such restoration and clean-up within (30) days of receipt of an invoice from Grantor indicating the cost of such required restoration and clean- up. 7. COMPT.TANCF. WTTN TAWS. Grantee accepts this Easement and hereby acknowledges that Grantee's compliance with all applicable Federal, State and local statutes, laws, ordinances and regulations in its use of the Property, including but not limited to building codes and zoning restrictions, is a condition of this Easement and Grantee shall comply therewith as the same presently exist and as such may be amended hereafter. 8. TNT)F. TFICATTO . Grantee agrees to indemnify, hold harmless and defend Grantor and any and all of its agents and employees, from and in connection with, all suits, claims, judgments, and all loss, damage, costs or charges of any kind whatsoever, Grantor may suffer, sustain, or in any way be subject to, on account of Grantee's negligence, including any of its employees, agents or contractors, in the use of the Property, subject, however, to the limitations provided in Section 768.28, Florida Statutes. Grantor agrees to indemnify, hold harnless and defend Grantee and any and all of its agents and employees, from and in connection with, all suits, claims, judgments, and all loss, damage, costs or charges of any kind whatsoever, Grantee may suffer, sustain, or in any way be subject to, on account of Grantor's negligence, including any of its employees, agents or contractors, in the use 3 96 of the Property, subject to the limitations provided in Section 768.28, Florida Statutes. Grantor assumes no responsibility for any property of the Grantee, its agents, servants, employees or contractors brought on or about the Property and the Grantor is released from all liability for any loss or damage to said property sustained by reason of Grantee's occupancy of the Property. 9. TNSTIRANC,. Grantor shall be named as an additional insured in everypolicy of insurance required of any contractor or subcontractor which shall not be limited to the provisions of Section 768.28, Florida Statutes. 10. ENCROACHMENTS. Grantee shall not unreasonably encroach beyond the boundaries of the Property during the course of construction or installation of the Facilities. Should Grantee fail to remove an encroachment within thirty (30) days after receipt of written notice from Grantor directing the required removal of encroachment, Grantor shall cause the encroachment to be removed on behalf of Grantee, and Grantee shall pay Grantor the full cost of such removal within thirty (30) days of receipt of an invoice from Grantor indicating the cost of such required removal. 11. DAMAGE, To PRnPRRTY. Grantee shall be held responsible for any damage to the Property and to adjacent property as a result of this Easement to the extent said damage arises from the negligence of Grantee, including any of its employees, agents or contractors, subject, however, to the limitations provided in Section 768.28, Florida Statutes. 12. ABANDONMENT nR C.ANC'ET T ATTnN OF EASEMENT. Should Grantee at any time prior to the termination of this Easement abandon the use of the Easement or fail at any time to use it for the purpose specified herein, the right given shall cease to the extent of the use so abandoned or discontinued, and Grantor shall at once have the right, in addition to but not in 4 i F qualification of the rights reserved, to resume the exclusive possession of the Property or the portion over which the use is discontinued or abandoned. 13. NQ110ES. All notices or other communications which shall or may be given pursuant to this Easement shall be in writing and shall be delivered by personal service or by certified mail, return receipt requested, addressed to the parties hereto at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. Notice shall be effectively served by Grantee upon Grantor when addressed to Grantor and mailed to the City Manager at 3500 Pan American Drive, Miami, Florida 33133, with a copy sent to Office of Asset Management, P. O. Box 330708, Miami, FL 33233-0708. Notice shall be effectively served by the Grantor upon the Grantee when addressed to Grantee and mailed to Grantee's County Manager at 111 NW First Street, 29th Floor, Miami, Florida 33128, with a copy sent to the Director of Miami Dade Water and Sewer Department, P. O. Box 330316, Miatni, Florida 33233-0316. 14. DFFATIT.T_ Grantor shall provide Grantee with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by Grantee. If Grantee fails to cure said default within thirty (30) days of receipt of written notice of default, E Grantor shall have the right to: a) terminate this Easement by giving written notice of such termination to Grantee in s accordance with the provisions of this Easement; or b) cure the default on behalf of Grantee, and Grantee shall reimburse Grantor for any and all costs incurred to cure said default within thirty (30) days of receipt of an invoice from Grantor f 5 r t: 96-910 indicating such cost. 15. MLS.CFT .T .ANFnT IS. This Easement shall be construed and enforced according to the laws of the State of Florida and venue shall be in Dade County, Florida. In the event any paragraph, clause or sentence of this Easement or any amendment thereto is declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject Easement and the balance of the Easement shall not be affected by the deletion thereof. No waiver of any provision hereof shall be deemed to have been made unless such waiver is in writing and signed by Grantor and Grantee. The failure of either party to insist upon the strict performance of any of the provisions or conditions of this Easement shall not be constructed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. Paragraph headings are for convenient reference and are note a part of this Easement. Yd IN WITNESS WHEREOF, the CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Dade, has caused this instrument to be executed in its name and its corporate seal to be affixed hereto by its City Manager and its City Clerk, both thereunto duly authorized the day and year first above written. ATTEST: THE CITY OF MIAMI, FLORIDA City Clerk City Manager APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney Accepted and Agreed by METROPOLITAN DADE COUNTY this day of , 1996: ATTEST: METROPOLITAN DADE COUNTY Harvey Ruvin, Clerk Deputy Clerk Armando Vidal County Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney cAwpwin60\dots%080696a.doc 7 4 96 -,910 ► SEP 17 196 15.25 FROM HAZEN AND SAWYER/HWD 9/ 17/ 96 Z R° 0 CP e° o STILLING AREA N W R' Q EL 20.0E 40 20 .0 10' MR ,• S6 7 — — p N � ►� � 4 RELOCATED \e o �6'Q' R EXIST. ROAD'R \ M1 GATE �,�,►' FENCE e216 �62y� � 12-60 7eE��,I-�NORRIS CUT `0 4' 44' R N 5126.50 R E 3435.21 e e, � ,' EXIST. � \3 �O• N 5074.50 `y GATE E3512.21 qp \ 10 dt Qp .7 s EL, 14. Qt ` EXIST. ROAD , ' (TO BE RELOCATED) �ti WRACK LINE ` o �3 (APPROX. MHW) �o 'vaa MDWASD i =X ;- PROPOSED CDWWTP 0 STORAGE AREA 5 •ct hp 6 1 - ,� .PROPOSED RELOCATE® 19 • ' EASEMENT ROAD $O1lN®ARIf 1 zi N 4829.45 r E 3512.21 24' 277' CA s 5bt 24' o S $6' 54 29 6EG1N RELCCa��N ...._ o, g 42-ti he` N 4 745 4 5 R p ELEVATION 1 IN NGVD EXIST. FENCE Envlronmsntal Enginssn a scientists E 3706.91 EXIST. ROAD. r MIAMI—DADE WATER AND SEWER DEPARTMENT CDWWTP OUTFALL REHABILITATION STORAGE AREA EXHI0IT ROAD LAYOUT "An k* TOTAL 9 6PAG "ob** TEMPORARY CONSTRUCTION EASEMENT BETWEEN CITY OF MIAMI AND METROPOLITAN DADE COUNTY THIS AGREEMENT, made this _ day of . 1996 ("Effective Date"), between the City of Miami, a municipal corporation of the State of Florida, ("Grantor), and Metropolitan Dade County, a political subdivision of the State of Florida ("Grantee"). WHEREAS, the Grantee is in the process of constructing an effluent pump station and new outfall sewer line (collectively the "Facilities"); and WHEREAS, the Grantee is in the need of certain property owned by the Grantor for use as a staging area in connection with the construction of the Facilities; and WHEREAS, the Grantor wishes to satisfy the Grantee's need by granting this Temporary Construction Easement to the Grantee. NOW THEREFORE, for and in consideration of the premises contained herein, the Grantor and the Grantee hereby agree to the following: 1, TEMPORARY EASEMENT. Grantor has granted and does hereby grant to the Grantee, its successors and assigns, the right and privilege of a Temporary Construction Easement with full right of ingress thereto and egress therefrom, (the "Easement"), in and along certain property owned by Grantor, as more particularly described in Exhibit "A' attached hereto and made a part hereof (the "Property"), for use as a staging area in connection with the construction of the Facilities. 2. TERM- This Easement shall commence on the effective date and shall terminate on } i EXHIBIT 6 '. June 30, 1999. Upon the termination of this Easement, title to the easement shall revert to and vest in Grantor immediately and automatically. 3. GRANTOR'S RIGHTS RESERVED. Grantor reserves the right to use the Property for any lawful purpose that will not prevent or interfere with the exercise by the Grantee of the rights granted under this Easement. 4. OPERATION AND MAINTENANCE OF PROPERTY Grantee shall exercise the rights granted herein in such a manner as not to cause any damage or destruction of any nature to or interruption of the use of the adjoining lands owned by Grantor. Grantee shall maintain, utilize and conduct any activities upon the Property in a proper and safe manner at Grantee's sole cost and expense. 5. RESTORATION OF PROPERTY, Upon the expiration, discontinuance or abandonment of this Easement, Grantee shall restore the Property and any areas used by Grantee for ingress and egress thereto, at Grantee's sole cost and expense, including, but not limited to, the removal and disposal of debris. Grantee shall be responsible, at Grantee's sole cost and expense, for any environmental clean-up, if required by a Federal, State or local agency, which may be caused by the Grantee's use of this Easement. Should Grantee fail to restore the Property and areas of ingress and egress and perform any environmental clean-up as may be required pursuant to this Easement within thirty (30) days after receipt of written notice from Grantor directing the required restoration and clean-up, Grantor shall cause Property and the areas of ingress and egress to be restored and cleaned -up on behalf of Grantee, and Grantee shall pay Grantor the full cost of such restoration and clean-up within (30) 2 96 - 910r days of receipt of an invoice from Grantor indicating the cost of such required restoration and clean- up. 6. COMPLIANCE WITH TAWS. Grantee accepts this Easement and hereby acknowledges that Grantee's compliance with all applicable Federal, State and local statutes, laws, ordinances and regulations in its use of the Property, including but not limited to building codes and zoning restrictions, is a condition of this Easement and Grantee shall comply therewith as the same presently exist and as such may be amended hereafter. 7. TNDEMNTFTC`.ATTON. Grantee agrees to indemnify, hold harmless and defend Grantor and any and all of its agents and employees, from and in connection with, all suits, claims, judgments, and all loss, damage, costs or charges of any kind whatsoever, Grantor may suffer, sustain, or in any way be subject to, on account of Grantee's negligence, including any of its employees, agents or contractors, in the use of the Property, subject, however, to the limitations provided in Section 768.28, Florida Statutes. Grantor agrees to indemnify, hold harmless and defend Grantee and any and all of its agents and employees, from and in connection with, all suits, claims, judgments, and all loss, damage, costs or charges of any kind whatsoever, Grantee may suffer, sustain, or in any way be subject to, on account of Grantor's negligence, including any of its employees, agents or contractors, in the use of the Property, subject to the limitations provided in Section 768.28, Florida Statutes. Grantor assumes no responsibility for any property of the Grantee, its agents, servants, 3 employees or contractors brought on or about the Property and the Grantor is released from all liability for any loss or damage to said property sustained by reason of Grantee's occupancy of the Property. 8. INSURANCE. Grantor shall be named as an additional insured in every policy of insurance required of any contractor or subcontractor which shall not be limited to the provisions of Section 768.28, Florida Statutes. 9. _ENCROACHMENT& Grantee shall not unreasonably encroach beyond the boundaries of the Property during the course of construction or installation of the Facilities. Should Grantee fail to remove an encroachment within thirty (30) days after receipt of written notice from Grantor directing the required removal of encroachment, Grantor shall cause the encroachment to be removed on behalf of Grantee, and Grantee shall pay Grantor the full cost of such removal within thirty (30) days of receipt of an invoice from Grantor indicating the cost of such required removal. 10. DAMAGE TO PROPERTY. Grantee shall be held responsible for any damage to the Property and to adjacent property as a result of this Easement to the extent said damage arises from the negligence of Grantee, including any of its employees, agents or contractors, subject, however, to the limitations provided in Section 768.28, Florida Statutes, 11. ARANDONMENT OR CANCET.T ATTON OF EASEMENT. Should Grantee at any time prior to the termination of this Easement abandon the use of the Easement or fail at any time to use it for the purpose specified herein, the right given shall cease to the extent of the use so 4 r abandoned or discontinued, and Grantor shall at once have the right, in addition to but not in qualification of the rights reserved, to resume the exclusive possession of the Property or the portion over which the use is discontinued or abandoned. 12. NOTICES. All notices or other communications which shall or may be given pursuant to this Easement shall be in writing and shall be delivered by personal service or by certified mail, return receipt requested, addressed to the parties hereto at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. Notice shall be effectively served by Grantee upon Grantor when addressed to Grantor and mailed to the City Manager at 3500 Pan American Drive, Miami, Florida 33133, with a copy sent to Office of Asset Management, P. O. Box 330708, Miami, FL 33233-0708. Notice shall be effectively served by the Grantor upon the Grantee when addressed to Grantee and mailed to Grantee's County Manager at 111 NW First Street, 29th Floor, Miami, Florida 33128, with a copy sent to the Director of Miami Dade Water and Sewer Department, P. O. Box 330316, Miami, Florida 33233-0316. 13, T)F.FATIT.T_ Grantor shall provide Grantee with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by Grantee. If Grantee fails to cure said default within thirty (30) days of receipt of written notice of default, Grantor shall have the right to: a) terminate this Easement by giving written notice of such termination to Grantee in accordance with the provisions of this Easement; or b) cure the default on behalf of Grantee, and Grantee shall reimburse Grantor for any and 5 96-910 all costs incurred to cure said default within thirty (30) days of receipt of an invoice from Grantor indicating such cost. 14. MISCELLANEOUS. This Easement shall be construed and enforced according to the laws of the State of Florida and venue shall be in Dade County, Florida. In the event any paragraph, clause or sentence of this Easement or any amendment thereto is declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject Easement and the balance of the Easement shall not be affected by the deletion thereof. No waiver of any provision hereof shall be deemed to have been made unless such waiver is in writing and signed by Grantor and Grantee. The failure of either party to insist upon the strict performance of any of the provisions or conditions of this Easement shall not be constructed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. Paragraph headings are for convenient reference and are note a part of this Easement. 2 IN WITNESS WHEREOF, the CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Dade, has caused this instrument to be executed in its name and its corporate seal to be affixed hereto by its City Manager and its City Clerk, both thereunto duly authorized the day and year first above written. ATTEST: THE CITY OF MIAMI, FLORIDA City Clerk City Manager APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney Accepted and Agreed by METROPOLITAN DADE COUNTY this day of , 1996: ATTEST: METROPOLITAN DADE COUNTY 1 Harvey Ruvin, Clerk Deputy Clerk Armando Vidal County Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney f c:\wpwin60\wpdocs\080596c.doc f I i t i c % i 96-910 �r SUBJECT: MIAMI-DADE WATER AND SEWER DEPARTMENT CENTRAL DISTRICT - VIRGINIA KEY WASTEWATER TREATMENT PLANT REHABILITATION OF'ON-SHORE OUTFALL PIPELINE CONTRACT NO. S-633 ITEM:. TEMPORARY EASEMENT 4 FOR LAND PORTION OF OUTFALL PIPE TO AVOID DAMAGE TO MANGROVES. LEGAL DESCRIPTION OF EASEMENT: A PORTION. OF FRACTIONAL SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 EAST, OF DADE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS': COMMENCE AT THE NORTHWEST CORNER OF -SAID FRACTIONAL SECT- ION 16 (N-5000.00, E-0000.00)', THENCE RUN -EAST, ALONG THE NORTH LINE OF SAID SECTION 16 AND THE EXTENSION THEREOF, FOR 4530.00 -FEET TO A POINT (N-5000.00, E-4530.00); THENCE RUN SOUTH, AT RIGHT ANGLES, FOR 1908.17 FEET TO THE POINT OF BEGINNING (N-3091.83,. E-453'0.00) OF HEREINAFTER DESCRIBED EASEMENT: FROM SAID POINT OF BEGINNING,: THENCE RUN N81°59'43"E FOR 52.00 FEET; THENCE. RUN S77°41'11"W-FOR 52.71 FEET; THENCE RUN NORTH FOR 44.00 FEET TO THE POINT OF BEGINNING. CONTAINS 103 SQUARE FEET OF LAND, MORE OR LESS. SURVEYOR'S NOTE: ALL BEARINGS AND CO-ORDINATES REFERRED TO HEREON, ARE BASED ON THE VIRGINIA KEY WASTEWATER TREATMENT PLANT GRID SYSTEM. PREPARED -BY: A. R. TOUSSAINT & ASSOCIATES, INC. LAND SURVEYORS 620 N.E. 126th ST.; NORTH MIAMI, FLA. 33161 BY: C` V. PRES. HOWARD C . GAt2BLE REGISTERED LAND, -SURVEYOR NO. 1683 STATE OF FLORIDA SHEET 1 OF 2 EXHIBIT "An rr•: EAST 4530.00 T ORTH LINE OF SEC. 16 EXTENDN.W. COR, FRACSEC# 16-54-4 N-5000.00 E— 00 o N 5000 QQ , E-4530�00 w N 3200 N-3132.4 P D� c C � . DcoN3091.83 ^ G � E-446D�`�,��" — E-4530.00� �.(a► rn A SCALE: I °! ^40' 14810 59 A3 E �~ 52•0''� 18.5 N-3p89A2Q m 0-2/ 30' 50' 20'0 103 S.F VIR INIA K I= Y . co70 # 00' . 30,00, IOO.OD N o N— 3000 TEIV4 ORARY EASEMENT4 FOR SAND PORTION OF 0lJT w FAL PIPE i0 AVOID DAMAC s TO ANGROVFS. THIS INSTRUMENT PREPARED BY ~� PAUL P. ACOSTA ASSISTANT COUNTY ATTORNEY 4200 SALZEDO STREET CORAL GABLES, rL 33146 GRANT OF EASEMENT BY CITY OF MIAMI TO METROPOLITAN DADE COUNTY THIS AGREEMENT, made this day of , 1996, between the City of Miami, a municipal corporation of the State of Florida, ("Grantor"), and Metropolitan Dade County, a political subdivision of the State of Florida ("Grantee"). WITNESSETII WHEREAS, the Grantee is in the process of constructing an effluent pump station, new outfall sewer line and an underground cross connection line between the existing outfall sewer line and the new outfall sewer line, collectively the "Facilities"; and WHEREAS, the Grantee is in the need of certain property owned by the Grantor; and WHEREAS, the Grantor wishes to satisfy the Grantee's need by the granting of this Easement to the Grantee. NOW, THEREFORE, for and in consideration of the premises contained herein, the Grantor and the Grantee hereby agree to the following: 1. CROSS CONNECTION EASEMENT. Grantor, has granted and does hereby grant to the Grantee, its successors and assigns, the right and privilege of a perpetual non-exclusive easement with full right of ingress thereto and egress therefrom in, under and through that property described in Exhibit "A" attached hereto and made a part hereof (the "Easement"), for the sole purpose of constructing, reconstructing, installing, operating, maintaining, repairing, replacing, improving, removing and inspecting the Facilities. 2. STAGING AREA FOR CROSS CONNECTION. Grantee is also granted herein a temporary construction easement consisting of a strip of land more particularly described as Exhibit �i "B" attached hereto and n a part hereof, lying adjacent to the Ea: mt for use as a staging area in connecting with the construction of the Facilities (the "Temporary Construction Easement"). 3. TERM OF STAGING AREA. The use of the Temporary Construction Easement shall commence on the day and year first above written and shall terminate on June 30, 1999 and title shall revert to and vest in Grantor immediately and automatically. 4. GRANTOR'S RIGHTS RESERVED. Grantor reserves the right to use the Easement and the Temporary Construction Easement for any lawful purpose that will not prevent or interfere with the exercise by the Grantee of the rights granted under this Easement. 5. INSTALLATION, OPERATION AND MAINTENANCE OF FACILITIES. Grantee shall exercise the rights granted herein in such a manner as not to cause any damage or destruction of any nature to or interruption of the use of the adjoining lands owned by Grantor. Grantee shall regulate the installation of the Facilities and all future operations within the Easement so as not to unreasonably conflict with the normal operations of the Grantor or the Grantor's lessees or permittees. Grantee shall maintain, utilize and conduct any activities upon the Easement and Temporary Construction Easement in a proper and safe manner at Grantee's sole cost and expense. Grantee shall have full right to enter upon the Easement when normal operations or emergency repairs of the Facilities are required. Such work and repairs shall be conducted in an expeditious manner so as not to interfere with the rights of Grantor. Grantee shall notify Grantor of all preconstruction meetings on installation work of the Facilities within the Easement and the Temporary Construction Easement and permit attendance by Grantor at same. Grantor shall be notified of the actual start of construction of the Facilities within the Easement. 6. RESTORATION OF PROPERTY THROUGHOUT PERIOD OF EASEMENT. 2 g6-910 Grantee shall restore the I `ment, the Temporary Construction Ea! ,nt and areas of ingress and egress, at its sole cost and expense, immediately following completion of any work or repairs associated with the Facilities. Should Grantee fail to restore the Easement, the Temporary Construction Easement or areas of ingress and egress within thirty (30) days after receipt of written notice from Grantor directing the required restoration, Grantor shall cause the Easement, the Temporary Construction Easement and areas of ingress and egress to be restored on behalf of Grantee, and Grantee shall pay Grantor the full cost of such restoration within thirty (30) days of receipt of an invoice from Grantor indicating the cost of such required restoration. 7. COMPLIANCE WITH LAWS. Grantee accepts this Easement and hereby acknowledges that Grantee's compliance with all applicable Federal, State and local statutes, laws, ordinances and regulations in its use of the Easement, including but not limited to building codes and zoning restrictions, is a condition of this Easement and Grantee shall comply therewith as the same presently exist and as such may be amended hereafter. 8. INDEMNIFICATION. Grantee agrees to indemnify, hold harmless and defend Grantor and any and all of its agents and employees, from and in connection with, all suits, claims, judgments, and all loss, damage, costs or charges of any kind whatsoever, Grantor may suffer, sustain, or in any way be subject to, on account of Grantee's negligence, including any of its employees, agents or contractors, in the use of the Easement and the Temporary Construction Easement, subject to the limitations provided in Section 768,28, Florida Statutes. 9. INSURANCE. Grantor and Grantee agree to insure or self insure their respective interests in personal property placed in, on or through the Easement and the Temporary Construction Easement, to the extent each deems necessary or appropriate and hereby mutually waive all rights to recovery for loss and damage to such property by any cause whatsoever except as provided in Paragraph 11 herein. Grantor and Grantee hereby waive all rights of subrogation against each other under any policy or policies they may carry on personal property placed or moved on the Easement and the Temporary Con '-tion Easement. In addition, Grantor shall be named as an additional insured in every policy of insurance required of any contractor or subcontractor which shall not be limited to the provisions of Section 768.28, Florida Statutes. 10. ENCROACHMENTS. Grantee shall not unreasonably encroach beyond the boundaries of the Easement and the Temporary Construction Easement during the course of construction or installation of the Facilities and future operations within the Easement, Should Grantee fail to remove an encroachment within thirty (30) days after receipt of written notice from Grantor directing the required removal of encroachment, Grantor shall cause the encroachment to be removed on behalf of Grantee, and Grantee shall pay Grantor the full cost of such removal within thirty (30) days of receipt of an invoice from Grantor indicating the cost of such required removal. 11. DAMAGE TO PROPERTY. Grantee shall be held responsible for any damage to the Easement, the Temporary Construction Easement and to adjacent property as a result of this Easement including the installation of the Facilities within the Easement and future operations therein to the extent said damage arises from the negligence of Grantee, including any of its employees, agents or contractors, subject, however, to the limitations provided in Section 768.28, Florida Statutes. 12. ABANDONMENT OF EASEMENT. Upon the abandonment of the Easement or portion thereof, Grantee shall notify Grantor of such abandonment as soon as practicable and the right given shall cease to the extent of the use so abandoned, and Grantor shall at once have the right, in addition to but not in qualification of the rights reserved, to resume the exclusive possession of the Easement or the portion over which the use is abandoned. Should Grantee fail at any time to use the Easement for the purpose specified herein for a continuous period of two years, the right given shall cease to the extent of the use so discontinued, i and Grantor shall at once have the right, in addition to but not in qualification of the rights reserved, 4 to resume the exclusive pc —�sion of the Easement or the portion ove tich the use is discontinued. 13. RESTORATION OF PROPERTY UPON DISCONTINUANCE OF EASEMENT. In the event this Easement is terminated, discontinued or abandoned for any reason, Grantee shall ensure the Facilities placed in, on or above the Easement are properly abandoned in accordance with Paragraph 7 and restore the Easement and any areas used by Grantee for ingress and egress thereto, at Grantee's sole cost and expense, to its current condition. Grantee shall be responsible, at Grantee's sole cost and expense, for any environmental clean- up, if required by a Federal, State or local agency, which may be caused by Grantee's use of this Easement. Should Grantee fail to properly abandon the Facilities, restore the Easement and areas of ingress and egress and perform any environmental clean-up as may be required pursuant to this Easement within thirty (30) days after receipt of written notice from Grantor directing the required abandonment, restoration and clean-up, Grantor shall cause the Facilities to be properly abandoned, and the Easement and the areas of ingress and egress to be restored and cleaned -up on behalf of Grantee, and Grantee shall pay Grantor the full cost of such abandonment, restoration and clean-up within thirty (30) days of receipt of an invoice from Grantor indicating the cost of such required abandonment, restoration and clean-up. 14. NOTICES. All notices or other communications which shall or may be given pursuant to this Easement shall be in writing and shall be delivered by personal service or by certified mail, return receipt requested, addressed to the parties hereto at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. Notice shall be effectively served by Grantee upon Grantor when addressed to Grantor and mailed to the City Manager at 3500 Pan American Drive, Miami, Florida 33133, with a copy sent to Office of Asset Management, P. 0. Box 330708, Miami, 5 96-9710 FL 33233-0708. Notice 1be effectively served by the Grantor up he Grantee when addressed to Grantee and mailed to Grantee's County Manager at I I I NW First Street, 29th Floor, Miami, Florida 33128, with a copy sent to the Director of Miami -Dade Water and Sewer Department, P. O.Box 330316, Miami, Florida 33233-0316. 15. DEFAULT. Grantor shall provide Grantee with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by Grantee. If Grantee fails to cure said default within thirty (30) days of receipt of written notice of default, Grantor shall have the right to; a) terminate this Easement by giving written notice of such termination to Grantee in accordance with the provisions of this Easement; or b) cure the default on behalf of Grantee, and Grantee shall reimburse Grantor for any and all costs incurred to cure said default within thirty (30) days of receipt of an invoice from Grantor indicating such cost. 16. MISCELLANEOUS. This Easement shall be construed and enforced according to the laws of the State of Florida and venue shall be in Dade County, Florida. In the event any paragraph, clause or sentence of this Easement or any amendment thereto is declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject Easement and the balance of the Easement shall not be affected by the deletion thereof. No waiver of any provision hereof shall be deemed to have been made unless such waiver is in writing and signed by Grantor and Grantee. The failure of either party to insist upon the strict performance of any of the provisions or conditions of this Easement shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. Paragraph headings are for convenient reference and are not a part of this Easement. 6 96-910 _ _ _ --, Y. mr-vr, the CITY OF MIAMI, a muni 1 corporation of the State of Florida, in the County of Dade, has caused this instrument to be executed in its name and its corporate seal to be affixed hereto by its City Manager and its City Clerk, both thereunto duly authorized the day and year first above written. THE CITY OF MIAMI, FLORIDA City Manager ATTEST: City Clerk APPROVED AS TO FORM & APPROVED AS TO LEGAL DESCRIPTION: CORRECTNESS: City Attorney Director of Public Works Accepted and Agreed by METROPOLITAN DADE COUNTY this day of 1996: METROPOLITAN DADE COUNTY ATTEST: Harvey Ruvin,Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: I Paul P. Acosta Assistant County Attorney c A%vpwin601a4pdocs1110S 96a. doe Armando Vidal County Manager APPROVED AS TO LEGAL DESCRIPTION: [A SUBJECT: MIAMI-DADE WATER AND SEWER DEPARTMENT CENTRAL DISTRICT - VIRGINIA KEY WASTEWATER TREATMENT PLANT REHABILITATION OF ON -SHORE OUTFALL PIPELINE CONTRACT NO. S-633 ITEM: PERMANENT EASEMENT 3'FOR CROSS CONNECTION TO BEACH STRUCTURE. LEGAL DESCRIPTION OF EASEMENT: A PORTION OF FRACTIONAL SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 EAST, OF DADE•COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID FRACTIONAL SECT- ION 16 (N-5000.'00, E-0000.00), THENCE RUN EAST, ALONG THE NORTH LINE OF SAID SECTION 16 AND THE EXTENSION THEREOF, FOR 4797.97 FEET TO A POINT (N-5000.00, E-4797.97); THENCE RUN SOUTH, AT RIGHT ANGLES, FOR 1870.48 FEET TO THE POINT OF BEGINNING (N-3129.52, E-4797.97) OF HEREINAFTER DESCRIBED EASEMENT: FROM SAID 'POINT OF BEGINNING, THENCE RUN S70041'13"E FOR 40.15 FEET; THENCE RUN SOUTH FOR 62-94 FEET; THENCE RUN N86030' 48"W FOR 50.09 FEET, ALONG NORTH EDGE OF THE BEACH STRUCTURE; THENCE RUN NORTH FOR 71.47 FEET; THENCE RUN N81°59'43"E.FOR 12.23 FEET TO THE POINT OF BEGINNING. CONTAINS 3,473 SQUARE FEET OF LAND, MORE OR LESS. SURVEYOR'S NOTE: ALL BEARINGS AND CO-ORDINATES REFERRED TO HEREON, ARE BASED ON THE VIRGINIA KEY WASTEWATER TREATMENT PLANT GRID SYSTEM. PREPARED BY: A. R. TOUSSAINT & ASSOCIATES, INC. LAND SURVEYORS 620 N.E. 126th ST.; NORTH MIAMI, FLA. 33161 BY: V. PRES. HOWARD C. GAMBLE REQISTER LAND SURVEYOR NO. 1683 EXHIBIT STATE OF FLORIDA 2 6 .910 EAST 4797,97' _- 17 16 NORTH LINE SEC.16 EAT NDED, N.W. COR. FRAC. a N-5000.00 SEC. 16-54-42. E-4797,97 N-5000.00 i E-0000.00 f�� 1 Tt o `'��-N-3200 o '�`yttj t N-3180.72 E-4803>04 p rj t lNN-3 2 .52`�' tti E-479 b97 F 8' �" ' ! o N8 1 59 4 Sp o — �'- 12.2 $jfl3 �'4sp cli 10 oh F. =VIRGINIA !373S.mKEY o 50.00�- 86 (30 48 Q 50.09, `o B AC STR. SCALE: In--40' .: to 0 PERMANENT EASEMENT 3 to 28.3 to FOR CROSS CONNECTION to 14.1 35,86' TO BEACH � STRUCTURE N-3000 SUBJECT: MIAMI-DADE WATER AND SEWER DEPARTMENT CENTRAL DISTRICT - VIRGINIA KEY WASTEWATER TREATMENT PLANT REHABILITATION OF ON -SHORE OUTFALL PIPELINE CONTRACT NO. S-633 ITEM: TEMPORARY EASEMENT 2 FOR CROSS CONNECTION TO BEACH STRUCTURE. LEGAL DESCRIPTION OF EASEMENT: A PORTION OF FRACTIONAL SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 EAST,,OF DADE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID FRACTIONAL SECT- ION 16 (N-5000.00, E-0000.00), THENCE RUN EAST, ALONG THE NORTH LINE OF SAID SECTION 16 AND THE EXTENSION THEREOF, FOR 4797.97 FEET TO A POINT• (N-5000.00, E-4797.97); THENCE RUN SOUTH, AT RIGHT ANGLES, FOR 1870.48 FEET TO THE POINT OF BEGINNING (N-3129.52, E-4797.97) OF HEREINAFTER DESCRIBED EASEMENT: FROM SAID POINT OF BEGINNING,.THENCE RUN S70041'13"E FOR 56.04 FEET; THENCE RUN SOUTH FOR 105:99 FEET; THENCE RUN WEST FOR 95.00 FEET; THENCE RUN NORTH FOR 118.60 FEET; THENCE RUN N81°59' 43"E FOR 42.52 FEET TO THE POINT OF•,BEGINNING. CONTAINS 11,214 SQUARE FEET OF LAND, MORE OR LESS. SURVEYOR'S NOTE: ALL -BEARINGS AND CO-ORDINATES REFERRED TO HEREON, ARE BASED ON THE VIRGINIA KEY WASTEWATER TREATMENT PLANT GRID SYSTEM. PREPARED BY: A. R. TOUSSAINT & ASSOCIATES, INC. LAND SURVEYORS 620 N.E. 126th ST.; NORTH MIAMI, FLA. 33161 j BY: V. PRES. HOWARD C. GAMBLE REGISTERED LAND SURVEYOR'!NO. '.1683 STATE OF FLORIDA F • F j T 1 OF 2 E EXHIBIT, e 96-910 y 8 -EAST 4797, 97' ol CD '.l �� NORTH LINE OF SEC. EXTENDED d N-5000.00 N.W. COR. FRAC. w Q�E-4797.97 SEC• 16-54-42, i + N-5000.00 E-0000.00 N-3200 o E'ISiING ` 3180.72 4803.04 lo 7- r �. Ado �� � 1 ^` PEA ,� Eq S p EXIS�11VG I 43 E S7 0 �hr O �81 9. O / 1' 42.52 - ; O.B. 56.04, N - 3129.52 4797.97 N 1, SCALE: I "= 40' �-Io (r C6 0 z — 0 0 11,21h28.3' 0 0 LoBEAC NSTRU 95.00'I WEST 50.86' TURE 0 to --L W 0 7 U Q Q Fa TEMPORARY EASEMENT 2 FOR CROSS CONNECT- ION TO BEACH STRUCTURE N-3000 9 AMENDMENT TO GRANT OF EASEMENT BY CITY OF M1AMI TO METROPOLITAN DADE COUNTY THIS AMENDMENT, made this day of , 1996, between the City of Miami, a municipal corporation of the State of Florida, ("Grantor"), and Metropolitan Dade County, a political subdivision of the State of Florida ("Grantee"). WIINESSEIH WHEREAS, Grantor and Grantee entered into a perpetual non-exclusive Grant of Easement on June 20, 1995, for the purpose of constructing, reconstructing, installing, operating, maintaining, repairing, replacing, improving, removing and inspecting an existing outfall sewer line and a new outfall sewer line and all appurtenances thereto ("Facilities"); and WHEREAS, said Grant of Easement also granted a temporary construction easement lying adjacent to the perpetual non-exclusive easement for use as a staging area in connecting with the construction of the Facilities; and WHEREAS, due to unavoidable delays beyond the control of the Grantee, the Facilities will not be completed by the previously anticipated date of December 31, 1996; and WHEREAS, the Grantor and Grantee wish to amend the Grant of Easement and extend tie term of the temporary construction easement. NOW THEREFORE, for and in consideration of the premises contained herein, the Grantor EEXH I B IT u, 0�9�' 51 and the Grantee hereby agree to the following: 1. Paragraph 3. TERM OF STACHN T ARrA is hereby deleted and replaced with the following: 3. Term of f Stag. ggrea. The use of Easement "B" shall commence on the day and year first above written and shall terminate on June 30, 1999. Upon termination of this Easement "B", title to Easement "B" shall revert to and vest in Grantor immediately and automatically. 2. This Amendment is effective as of the date first written above. The Grantor and the Grantee agree that, except insofar and only insofar as the terms, conditions, provisions and exhibits of the Grant of Easement which ate herein expressly modified, changed or amended, all of the terms and conditions contained in the Grant of Easement shall remain in full force and effect. K r IN WITNESS WHERE -OF, the CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Dade, has caused this instrument to be executed in its name and its corporate seal to be affixed hereto by its City Manager and its City Clerk, both thereunto duly authorized the day and year first above written. ATTEST: THE CITY OF MIAMI, FLORIDA City Clerk City Manager APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney Accepted and Agreed by METROPOLITAN DADE COUNTY this day of , 1996: ATTEST: METROPOLITAN DADE COUNTY Harvey Ruvin, Clerk Deputy Clerk Armando Vidal County Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney } 3 1 f, i L J t f• cAwpwin60\wpdocs\080596a.doc I: 3 t: 96-910 AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT BETWEEN CITY OF MIAMI AND METROPOLITAN DADE COUNTY THIS AMENDMENT, made this day of , 1996, between the City of Miami, a municipal corporation of the State of Florida, ("Grantor"), and Metropolitan Dade County, a political subdivision of the State of Florida ("Grantee"). WITNESSETTT WHEREAS, Grantor and Grantee entered into a Temporary Construction Easement on June 20, 1995; and WHEREAS, said Temporary Construction Easement was for use as a staging area in connection with the construction of the Grantee's effluent pump station and new outfall sewer line I ("Facilities"); and WHEREAS, due to unavoidable delays beyond the control of the Grantee, the Facilities will ` not be completed by the previously anticipated date of December 31, 1996; and 1 ( WHEREAS, the Grantor and Grantee wish to amend said Temporary Construction Easement and extend its term. NOW, THEREFORE, for and in consideration of the premises contained herein, the Grantor and the Grantee hereby agree to the following: h k' 1. Paragraph 2. TERM is hereby deleted and replaced with the following: 2. TERM. This Easement shall commence on the effective date and shall terminate on June 30, 1999. Upon the termination of this Easement, title of the easement shall revert to and vest in Grantor r immediately and automatically. EXHIBIT di r i_ _ - 9' . 9 I d 2. This Amendment is effective as of the date first written above. The Grantor and the Grantee agree that, except insofar and only insofar as the terms, conditions, provisions and exhibits of the Temporary Construction Easement which are herein expressly modified, changed or amended, all of the terms and conditions contained in the Temporary Construction Easement shall remain in full force and effect. IN WITNESS WHEREOF, the CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Dade, has caused this instrument to be executed in its name and its corporate seal to be affixed hereto by its City Manager and its City Clerk, both thereunto duly authorized the day and year first above written. ATTEST: THE CITY OF MIAMI, FLORIDA City Clerk City Manager APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney Accepted and Agreed by METROPOLITAN DADE COUNTY this day of 1996: ATTEST: METROPOLITAN DADE COUNTY i Harvey Ruvin Clerk Deputy Clerk Armando Vidal County Manager F APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney cA%vpwin60hvpdocs1080596b.doc 2' f- 11 AGREEMENT THIS AGREEMENT, entered into this day of , 1996, (the effective date) by and between the City of Miami, a municipal corporation of the State of Florida, ("City"), and Metropolitan Dade County, a political subdivision of the State of Florida ("County"). WITNESSETH WHEREAS, the County is in the process of constructing varies water and sewer system improvements, (collectively the "Facilities"); and WHEREAS, the County and the City entered into a series of Grants of Easements, both permanent and temporary, all dated June 20, 1995, for the purpose of facilitating said construction as well as providing the each other with vehicular ingress and egress to their respective properties; and WHEREAS, due to unavoidable delays beyond the control of the County the Facilities will not be completed by the previously anticipated date of December 31, 1996; and WHEREAS, the County and the City wish to amend said easements and extend their terms i as well as the granting of various other easements to further facilitate the construction of the Facilities; and WHEREAS, the City wishes to authorize the County to deposit up to 50,000 cubic yards of excess clean, non -contaminated dredged lime rock and sand material upon a specific location as may be designated by the City within the City owned property known as the Virginia Key Spoil Site; and WHEREAS, the City wishes to authorize the County to remove up to 25,000 cubic yards of clean fill material suitable for road construction from the Virginia Key Spoil Site, NOW, THEREFORE, in consideration of the foregoing premises and as for other good and valuable consideration, the receipt and sufficiency are which hereby acknowledged, the parties hereto each intending to be legally bound, due hereby represent warrant, covenant and agree as follows: 1. The County agrees to pay and the City agrees to accept the sum of $150,000.00 in cash, cashiers check, certified check or Dade County warrant within forty five (45) days of the execution of this Agreement subject to the following documents (concurrently being executed herewith) being accepted by both the Board of County Commissioners and the City of Miami City Commission: A. Amendment to Agreement for Access Route dated June 20, 1995 B, Modification to Grant of Easement by Metropolitan Dade County to City of Miami dated June 20, 1995 (composting ingress/egress easement) C. Amendment to Grant of Easement by City of Miami to Metropolitan Dade County dated June 20, 1995 (the outfall easement) D. Amendment to Temporary Construction Easement between City of Miami and Metropolitan Dade County dated June 20, 1995 (effluent pump station staging area) E. Temporary Construction Easement between the City of Miami and Metropolitan Dade County (triangular easement for outfall sewer line) F. Temporary Construction Easement between the City of Miami and Metropolitan Dade County (storage area easement/road relocation) G. Grant of Easement by City of Miami to Metropolitan Dade County (cross connection permanent/temporary easements) 2. The City hereby authorizes the County to deposit up to 50,000 cubic yards of excess clean, non -contaminated dredged lime rock and sand material, excluding any solid waste and organic 2 q6-910 t q6-910 t 1 matter not limited to asphalt from road removal, tires, plastic products, tree stumps, branches, sod, etc., at a specific location as may be designated by the City within the City owned property known as the Virginia Key Spoil Site. Additionally, the City hereby authorizes the County to remove up to 25,000 cubic yards of clean fill material, suitable for road construction to be utilized by the County for the temporary road realignment provided for by the Temporary Construction Easement, document " F" referenced above. 3. This Agreement shall bind and inure to the benefit of the parties hereto and their successors and interest. 4. This Agreement shall be governed in according to the laws of the State of Florida and venue shall be in Dade County, Florida. 5. This Agreement contains the entire Agreement between the parties. There are no promises, agreements, undertakings, warranties or representations, oral or written, express or implied, between the parties other than as herein set forth. No amendment or modification of this Agreement shall be valid unless the same is in writing and signed by both the City Manager and the County Manager. tj 96-910 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement to on the day and year first above written. ATTEST: ivIETROPOLITAN DADE COUNTY, FLORIDA HARVEY RUVIN, Clerk Deputy Clerk Approved as to form and legal sufficiency: Assistant County Attorney ATTEST: City Clerk Approved as to form and legal sufficiency: City Attorney C A%vpwin60\wpdocs\ 110796a.doc Armando Vidal County Manager THE CITY OF MIAMI, FLORIDA City Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM19. TO: The Honorable Mayor and DATE: NOV 14 M9 FILE: Members of the City Commission SUBJECT: Resolution Authorizing Easements and Amendments 1 to Certain Existing 4 FROM: Edward Marque REFERENCEsEasements City Manager of ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to: 1) execute amendments, in substantially the attached form, to certain easements granted to Metropolitan Dade County (the "County") and 2) accept amendments, in substantially the attached form, to the access agreement and easement granted to the City, pursuant to Resolution No. 95-419; further authorizing the City Manager to grant to the County three (3) additional Temporary Construction Easements and a Non-exclusive Utility Easement, in substantially the attached form, over, along and upon certain parcels of City - owned land situated in Virginia Key, more particularly described herein, for uses as staging areas and as a storage area in connection with their construction. The County is to provide the City as consideration the sum of $150,000. BACKGROUND: The Office of Asset Management has prepared the attached item for consideration by the Commission. On May 25, 1995, the City Commission adopted Resolution No. 95- 419, authorizing the City Manager to enter into a Purchase and Sale Agreement with the County for purposes of conveying a parcel of land situated in Virginia Key and granting to the County two Temporary Construction Easements, a Non -Exclusive Ingress and Egress Easement and a Non -Exclusive Utility Easement over, along, and upon certain parcels of City -owned land situated in Virginia Key. In consideration, the County provided to the City the sum of $217,350 ($110,000 in cash at closing and $107,350 inkind), an Access Agreement over and across the Sewage Plant to facilitate the City`s ingress and egress to the City compost facility and a non-exclusive Access Easement Agreement in and along certain i property located along the west property line of the Sewage Plant, for vehicular ingress and egress to City property, wherein the City presently operates a composting facility and fill site. c.� g0-910, CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To: The Honorable Mayor and DATE: NOV 14 1999 FILE: Members of the City Commission FROM: Edward Marque City Manager RECOMMNDATION: R SUBJECT: Resolution Authorizing Easements and Amendments to Certain Existing REFERENCE,Easements ENCLOSURES: It is .respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to: 1) execute amendments, in substantially the attached form, to certain easements granted to Metropolitan Dade County (the "County") and 2) accept amendments, in substantially the attached form, to the access agreement and easement granted to the City, pursuant to Resolution No. 95-419; further authorizing the City Manager to grant to the County three (3) additional Temporary Construction Easements and a Non-exclusive Utility Easement, in substantially the attached form, over, along and upon certain parcels of City - owned land situated in Virginia Key, more particularly described herein, for uses as staging areas and as a storage area in connection with their construction. The County is to provide the City as consideration the sum of $150,000. BACKGROUND: The Office of Asset Management has prepared the attached item for consideration by the Commission. On May 25, 1995, the City Commission adopted Resolution No. 95- 419, authorizing the City Manager to enter into a Purchase and Sale Agreement with the County for purposes of conveying a parcel of land situated in Virginia Key and granting to the County two Temporary Construction Easements, a Non -Exclusive Ingress and Egress Easement and a Non -Exclusive Utility Easement over, along, and upon certain parcels of City -owned land situated in Virginia Key. In consideration, the County provided to the City the sum of $217,350 ($110,000 in cash at closing and $107,350 inkind), an Access Agreement over and across the Sewage Plant to facilitate the City's ingress and egress to the City compost facility and a non-exclusive Access Easement Agreement in and along certain property located along the west property line of the Sewage Plant, for vehicular ingress and egress to City property, wherein the City presently operates a composting facility and fill site. g6=9-:0' Page 2 Honorable Mayor and Members of the City Commission The County has requested, at this time, to make certain changes, more particularly described in the attached amendments, to said agreement and easements due to unavoidable delays beyond the County's control. For uses as staging areas and as a storage area in connection with their construction, the County has requested three (3) additional Temporary Construction Easements and a Non-exclusive Utility Easement over, along and upon certain parcels of City - owned land situated in Virginia Key. The County is to provide the City as consideration the sum of $150,000. z