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Home My WebLink AboutExhibit AThis instrument prepared by (and after recording return to): Name: Victoria Mendez Address: Office of the City Attorney City of Miami 444 SW 2nd Avenue, 9t' Floor Miami, Florida 33130 GRANT OF EASEMENT THIS INDENTURE, made this day of , 2021, between THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called "GRANTOR"), and MIAMI-DADE COUNTY, a political subdivision of the State of Florida, whose mailing address is c/o Miami -Dade Water and Sewer Department, P.O. Box 330316, Miami, FL 33233-0316, hereinafter called ("GRANTEE"); WITNESSETH: THAT the 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, forever, the right and privilege of a non-exclusive water easement on the property of the GRANTOR, shown and described on EXHIBIT "A" attached hereto and made a part hereof, (hereinafter called the "FACILITIES" or "EASEMENT") to construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove and inspect water transmission and distribution facilities and all appurtenances thereto, including but not limited to, fire hydrants, and/or sewage transmission and collection facilities and all appurtenant equipment, which right, privilege and easement shall include the right to remove or demolish, with no obligation to repair or replace same, any obstructions placed on the easement, including pavers, or that may extend up to twenty-five (25) feet vertically above the finished grade over the easement, as may be necessary to carry out any right granted herein, with the full right of ingress thereto and egress therefrom on the express condition that it is used for the express purposes provided herein; The GRANTEE shall regulate the installation and future operations of the FACILITIES so as not to conflict with normal operations of the GRANTOR; however, the GRANTEE shall have full right to enter upon the EASEMENT at any time when normal operations or emergency repairs of the FACILITIES are required. Subject to the limitations of Section 768.28, Florida Statutes, by acceptance of this instrument, the GRANTEE agrees to indemnify and hold harmless the GRANTOR from all and against all suits, claims, judgments, and all loss, damage, costs or charges including attorney's fees and court costs arising directly or indirectly from the installation or maintenance, repair, use or existence of the GRANTEE'S FACILITIES within the EASEMENT. The GRANTEE acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes. This indemnification shall survive any cancellation of this agreement. GRANTEE shall provide to GRANTOR a letter of self- insurance approved by GRANTOR'S Risk Management Department. Any contractors utilized by GRANTEE in connection with activities undertaken in connection with this water EASEMENT shall: (1) indemnify the GRANTOR and the GRANTEE for their negligent acts or omissions of the contractor and its subcontractors in connection with any activities undertaken on the Easement and (2) obtain and provide to GRANTOR a certificate of insurance in accordance to EXHIBIT "B" attached hereto. The GRANTOR shall be given written notice and the opportunity by the GRANTEE to attend all preconstruction meetings on installation work of the FACILITIES within the EASEMENT and shall be notified in writing well in advance of the actual start of construction within the EASEMENT. It is further understood and agreed by and between the parties hereto that GRANTOR reserves itself, its heirs and assigns, all other rights not specifically granted herein, including but not limited to the right to construct streets, cross and recross said EASEMENT, and the right to erect light or telephone lines or any other improvements which do not hinder the operation of the FACILITIES by the GRANTEE on an ongoing basis. The GRANTEE shall be held responsible for any damage to adjacent property as a result of the installation and future operation of the FACILITIES, and further, shall restore asphalt pavement, concrete sidewalks, curb and gutter, and grass and landscaping to a condition to be the same or better than the existing condition. The GRANTEE during the course of installation and future operation of the FACILITIES, shall not encroach beyond the boundaries of the EASEMENT or any other easement that may be granted by the GRANTOR. Should the EASEMENT be abandoned or discontinued by law or otherwise, or no longer of use for the purposes provided herein or if the GRANTEE does not comply with any term, covenant or condition of this instrument, the said EASEMENT shall cease and revert with the right of immediate possession and right of entry to the GRANTOR or its successors in interest. The GRANTOR does hereby affirm that it has full power and authority to grant this EASEMENT and GRANTEE accepts the property in "as is" condition. All notices, requests, consents and other communications required or permitted under this EASEMENT shall be in writing (including telex and telegraphic communications) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, or sent by any form of overnight mail, addressed to: TO GRANTEE: Miami -Dade County Director Department of Water and Sewer P.O. Box 330316 Miami, Florida 33233-0316 TO GRANTOR CITY OF MIAMI City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 WITH COPIES TO: City of Miami City Attorney 444 SW 2 Avenue, Suite 945 Miami, FL 33130 City of Miami Director of Real Estate and Asset Management 444 SW 2 Avenue, Suite 325 Miami, FL 33130 or to such other address as any party may designate by notice complying with the terms of this paragraph. Each such notice shall be deemed delivered (1) on the date delivered if by personal delivery; (2) on the date telecommunicated if by telegraph; (3) on the date of transmission with confirmed receipt if by telex, telefax or other telegraphic method; (4) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (5) one day after mailing by any form of overnight mail service. Any disputes between the parties under this instrument will be resolved in accordance with the Florida Governmental Conflict Resolution Act, Ch. 164, Fla. Stat., as amended from time to time. This EASEMENT may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the parry 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. [Signatures appear on next page] IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in its name on the day and year first above written. Attestation of this EASEMENT by the City Clerk shall constitute evidence of approval by the City of Miami. ATTEST: Todd B. Hannon City Clerk APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez City Attorney CITY OF MIAMI, a municipal corporation of the State of Florida an Arthur Noriega V City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe Risk Management Director EXHIBIT A Sketch & Le2al EXHIBIT B INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE - GRANT OF EASEMENT NHANH-DADE COUNTY I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami & Miami -Dade County listed as an additional insured Contingent and Contractual Exposures Premises/Operations Liability Explosion, Collapse and Underground Hazard Primary and Non Contributory Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami & Miami -Dade County listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella/Excess Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 Aggregate $ 1,000,000 City of Miami & Miami -Dade County listed as an additional insured Excess Form over all liability policies included herein The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. CITY OF MIAMI, MIAMI-DADE COUNTY SEC 10, TWP 54S, RGE 41E FOLIO NO.: 01-4110-034-0030 AN EXHIBIT "A" MD WASD PUMP STATION EASEMENT SHENANDOAH PARK AGREEMENT ID No:061-10103-00 _MTt SW 16th T RRIUM s �7 �a i ITT= LU NH QLOF B 165 Y4 T 8 TE - PG 44 SOUTH %4 OFLOT7 LOCATION SKETCH SURVEYOR'S NOTES NTS 1. This is not a Boundary Survey. 2. Not valid without the signature and the original raised seal of a Florida Licensed Professional Surveyor and Mapper. 3. Bearings and coordinates are relative to the Florida State Plane Coordinates System, Florida East Zone 0901, North American Datum (NAD) of 1983, 2011 adjustment (NAD83/2011)-Epoch 2010.0000; with a bearing of N88015'11"E established along the monument line of SW 19th Street, a well -established and monumented line. 4. All dimensions as shown are based in US survey foot. LEGEND & ABBREVIATIONS BOB= Basis of Bearings MDCR=Miami-Dade County POB= Point of Beginning R/W= Right -of -Way �= Centerline Records POC= Point of TWP= Township EASMT= Easement M= Monument line Commencement UE= Utility Easement PB= Plat Book POT=Point of Termination SR= State Road PG= Page RGE= Range SURVEYOR'S CERTIFICATE I hereby certify that the sketch and legal description of the hereon described property is true and correct to the best of my knowledge and belief as delineated under my direction on October 10, 2022. I further certify that this sketch and legal description meets the Standards of Practice as set forth by the Florida Board of Surveyors and Mappers pursuant to Rule Chapter 53-17 of the Florida Administrative Code and its implementing law, Chapter 472.027 of the Florida Statutes. SEAL DRAWN BY: EO SHEET FRALEMAN SHENANDOAH PARK CHECKED BY: EAM FIR Aleman & Associates, Inc. PUMP STATION DATE: 10-10-2022 10305 NW 41 Street, Suite 200, Miami, FL 33178 SCALE: N/A Phone: 305.591.8777 Fax: 305.599.8749 LB: 6785 EASEMENT Gaspar A. Lobaina PE, PLS Professional Land Surveyor #2873 JOB No.: 16-2911WO04 OF 3 SHEETS State of Florida CITY OF MIAMI, MIAMI-DADE COUNTY SEC 10, TWP 54S, RGE 41E PARCEL ID: 01-4110-034-0030 LEGAL DESCRIPTION MD WASD PUMP STATION EASEMENT LEGAL DESCRIPTION TO ACCOMPANY SKETCH Lying in the Southeast 1/4 of Section 10, Township 54 South, Range 41 East, of Miami -Dade County, Florida. A portion of the South 1/4 of Lot 8, Block 1 of MARCELLUS DEARBORN'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book B, Page 26 of the Public Records of Miami -Dade County, Florida, more particularly described as follows: Beginning at the Southwest Corner of the West 1/2 of the East 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 10, Township 54 South, Range 41 East, being the Point of Commencement, thence run S88015'11"W for a distance of 50.53 feet Ing the Centerline of SW 19th Street; thence run N01044'49"W for a distance of 25.00 feet, leaving the Centerline of SW 19 Street, to the Southernmost Point of Curvature of the Southeast Corner of Lot 7, Block 1, as per City of Miami Atlas Sheet 39L; thence run S88015'11"W for a distance of 509.01 feet along the Southern Right -of -Way Line of Lot 7 & Lot 8, Block 1 to the Point of Beginning; thence run N01037'35"W for a distance of 26.00 feet; thence run S88015'04"W for a distance of 60.00 feet; thence run S01037'35"E for a distance of 16.00 feet; thence run N88015'11"E for a distance of 25.50 feet; thence run S01037'35"E for a distance of 10.00 feet; thence run N88015'11"E for a distance of 15.50 feet; thence run N01037'35"W for a distance of 10.00 feet; thence run N88015'11"E for a distance of 3.50 feet; thence run S01037'35"E for a distance of 10.00 feet; thence run N88015'11"E for a distance of 15.50 feet to the Point of Beginning. Containing 1,260 square feet more or less, by calculations. This Sketch & Legal Description is not full and complete without all sheets. DRAWN BY: EO SHEET FRALEMAN SHENANDOAH PARK CHECKED BY: LRT FIR Aleman & Associates, Inc. PUMP STATION DATE: 10-10-2022 2 10305 NW 41 Street, Suite 200, Miami, FL 33178 SCALE: N/A Phone: 305.591.8777 Fax: 305.599.8749 LB: 6785 EASEMENT 308 No.: 2766W010 OF 3 SHEETS CITY OF MIAMI, MIAMI-DADE COUNTY SEC 10, TWP 54S, RGE 41E PARCEL ID:01-4110-034-0030 AN GRAPHIC SCALE 0' 15' 30, SCALE BAR 1" = 30' MD WASD PUMP STATION EASEMENT SKETCH TO ACCOMPANY LEGAL DESCRIPTION I I w w 3o Q _ CIAW6 R/W IO N - S88° 15' 04"W 60.00' I W 00 Lu N88° 15' 11"E I W 3.50. I (n N88° 15' 11"E - - o-__ 25.50' o_ S88°15'll"w (C) R/W I J m 1 1 N88° 15' 11"E� J. 1' I U 5.50' 15.50' NOl° 37' 35"W P. o. B. 10.00, r D I a NO2°15'49"W I � 20.00'(C) 30' PUBLIC RIGHT-OF-WAY SW 19 STREET_ I I I I I I I I W _ S88°15'11"W (C) > I �rnrar O ORIGINAL PROPERTY LINE AS PER QI PB B, PG 26 WI Lu I 30' PUBLIC RIGHT-OF-WAY ¢I SW 19th STREET _ — 588°15'11"W 50.53' - P.O.C. zI LIMITS OF PROPERTY AS PER S.W. CORNER OF THE WEST 1/2 =MUNICIPAL ATLAS CITY OF MIAMI SHEET No. 39L, OF THE EAST 1 2 OF THE I REVISED ON AUGUST 2, 2012. / (NO RECORDED INSTRUMENT WAS PROVIDED TO FIR ALEMAN N.W. 1/4 OF THE S.E. 1/4 Q i _ R/W SUPPORTING THE ADDITIONAL DEDICATION IN THIS AREA OF SECTION 10, TOWNSHIP 54 SOUTH, RANGE 41 EAST I I I I This Sketch & Legal Description is not full and complete without all sheets. DRAWN BY: EO SHEET FRALEMAN SHENANDOAH PARK CHECKED BY: LRT FIR Aleman &Associates, Inc. PUMP STATION DATE: 10-10-2022 3 10305 NW 41 Street, Suite 200, Miami, FL 33178 SCALE: 1" = 30' Phone:305.591.8777 Fax:305.599.8749 LB:6785 EASEMENT m 30B No.: 16-2911WO04 OF 3 SHEETS