HomeMy WebLinkAboutExhibit AThis instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
State of Florida
Department of Transportation
Address: 1000 NW 1111" Avenue
Miami, Florida 33172
Item/Segment No.: 2516381
Sec/Job No. 87270-2477
SR No. SFRC
Managing District : Six
Parcel No.
County Miami -Dade
PERPETUAL EASEMENT
Public Purpose
THIS EASEMENT made this day of , 20_, by the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("Department"), Grantor, to CITY
OF MAIMI ("Grantee" "City"), a political subdivision of the State of Florida, Grantee.
WHEREAS, the City owned the platted right of way of a portion of NW 16t" Avenue between
NW 22nd and 23rd Streets over which right of way are located railroad tracks ("City ROW")
connecting the South Florida Rail Corridor ("SFRC"), formerly known as the CSXT Rail Corridor;
and
WHEREAS, the Department, as successor owner of interests pertaining to the SFRC,
owned rights over the City's right of way by way of a 1926 permit/easement for the operation and
maintenance of said railroad tracks; and
WHEREAS, the City was desirous of conveying the City ROW to the Department, and the
Department accepted the City ROW to maintain the SFRC alignment at this location; and
WHEREAS, the City did convey the City ROW to the Department by way of Quitclaim Deed
dated and recorded in ORB , Page in the public records of Miami -Dade
County and hereinafter called the "New FDOT ROW", and
WHEREAS, in the mid-1980's, the City was authorized by CSX Transportation, Inc
("CSXT to install underground drainage pipes in the New FDOT ROW and as further shown in
the attached exhibit titled Wagner Creek Renovation 1985 ("Drainage Pipes"); and
WHEREAS, as a result of the conveyance from the City, the City requested and the
Department agreed, that a perpetual easement be granted from the Department to the City to
allow for the City's operation and maintenance of the Drainage Pipes.
NOW THEREFORE, the Department, as successor of interests pertaining to the City ROW
and to the South Florida Rail Corridor has agreed to grant to the City, its successors and assigns,
for no consideration, a non-exclusive perpetual easement for the purposes of operating and
maintaining the Drainage Pipes over the following described land (the "Easement Area") in Miami -
Dade County, Florida:
See Exhibit "A" attached hereto and made a part hereof
Page 1 of 4
Item/Seg No.:
2516381
Sec/Job No.:
87270-2477
SR No.:
SFRC
Managing District:
Six
County:
Miami -Dade
Parcel No.:
Subject, however, to the following conditions:
THAT this Easement is solely for the purpose of operating and maintaining the Drainage
Pipes and no other uses of the Easement Area are permitted.
THAT the Grantor reserves the right to enter upon, across, under and over the Easement
Area, if needed, for the purposes of inspecting, maintaining, and repairing the Grantor's
railroad corridor; and
THAT Grantor's use of the land subject to this easement shall not unreasonably interfere
with Grantee's use of such land as set forth herein; and
THAT the grant of the above -described easement shall be subject to and not affect, impair
or interfere with CSXT's reserved easement rights within the Easement area for any and
all related purposes; and
THAT in the event Grantee's use is permanently discontinued or abandoned, Grantee's
easement shall terminate, and title to the above described property shall immediately revert
to the Grantor, and it shall have the right to immediately possess same. In the event
Grantee's easement terminates and Grantor deems it necessary to request the removal of
the Drainage Pipes occupying the Easement Area, Grantee shall remove, at its sole cost
and expense, the Drainage Pipes and restore the Easement Area to a satisfactory
condition as determined by the Grantor that will allow the continued use for and operation
of the existing railroad corridor over the Easement area; and
THAT Grantee shall not obstruct the New FDOT ROW except as may be required
temporarily from time to time to effect the inspections, maintenance, repairs, improvements
and replacement of the Drainage Pipes. Any such work is subject to formal written approval
and permit by Grantor. Grantee shall promptly repair any damage to the Grantor's right-of-
way, resulting from Grantee's exercising its rights hereunder; and
THAT Grantee will and will cause their agents, subcontractors and contractors to indemnify
and hold Grantor and CSXT harmless from any and all damages and/or liability, claims,
demand, actions and/or suits of any nature arising out of, relating to, or resulting from any
negligent or wrongful act(s) of Grantee's employees, agents, subcontractors and
contractors, or instrumentalities, acting within the scope of their office or employment, in
connection with the rights granted to or exercised by Grantee hereunder, to the extent and
within the limitations of Section 768.28, Florida Statutes;
However, nothing herein shall be deemed to indemnify Grantor from any liability or claim
arising out of the negligent performance or failure of performance of Grantor.
Page 2 of 4
Item/Seg No.:
2516381
Sec/Job No.:
87270-2477
SR No.:
SFRC
Managing District:
Six
County:
Miami -Dade
Parcel No.:
During the course of operation and maintenance of the Drainage Pipes, Grantee shall
cause its construction contractor(s) to maintain comprehensive general liability insurance
providing for a limit of amount of not less than $1,000,000 for all damages arising out of
bodily injuries to, or death of, one person and, subject to that limit for each person, a total
limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more
persons in any one occurrence; and regular Contractors' Property Damage Liability
Insurance providing for a limit of not less than $ 200,000 for all damages arising out of
injury to, or destruction of, property in any one occurrence and, subject to that limit per
occurrence, a total (or aggregate) limit of $300,000 for all damages arising out of injury to,
or destruction of, property during the policy period is carried. Grantor shall be named as
Additional Insured in all such policies and Grantee will provide a current copy of such
insurance certificate to Grantor.
THAT this Easement is subject to all applicable permit requirements and any other required
agreements or approvals, and concurrences.
THAT the Easement is granted pursuant to Resolution No.
adopted by the City of Miami Board of City Commissioners on
a copy of which is attached herewith and forms part thereof;
passed and
120 ,
THAT the provisions of this Easement may be enforced by all appropriate actions at law
and in equity by the respective parties.
THAT Grantor makes no representations as to the title or condition of the property within
the Easement Area or the suitability of the Easement Area property for the use intended
hereunder.
The rights and obligations of the parties shall inure to the benefit of and be binding upon
their respective successors and assigns.
This instrument may be amended or modified only by written instrument, executed, and
acknowledged by the parties hereto or their successors and assigns, and recorded in the Public
Records of Monroe County.
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Page 3 of 4
Item/Seg No.:
2516381
Sec/Job No.:
87270-2477
SR No.:
SFRC
Managing District:
Six
County:
Miami -Dade
Parcel No.:
IN WITNESS WHEREOF, the State of Florida Department of Transportation has caused
these presents to be signed in the name of the State of Florida and the State of Florida Department
of Transportation by its District Secretary, District Six and its seal to be hereunto affixed,
attested by its Executive Secretary, on the date first above written.
Witness:
(print name):
Witness:
(print name):
(Affix Department Seal)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
(print name) James Wolfe, P.E.
District Six Secretary
Attest:
(print name): Helen Shaheen
Executive Secretary
LEGAL REVIEW:
Alicia Trujillo, Esq.
District Chief Counsel
The foregoing instrument was acknowledged before me this day of
20 , by James Wolfe, District Secretary for District Six, FDOT, who is personally known to
me, or has produced as identification.
Notary Public in and for the County and State
as mentioned above
(Affix Notary Seal) My Commission Expires:
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