HomeMy WebLinkAboutExhibitPrepared by and return recorded copy to:
City of Miami Department of Resilience and Public Works
Attention: Juvenal Santana, P.E., CFM
Director of Public Works
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130-1910
Location: 2115 North Miami Avenue
Folio No.: 01-3125-048-0280, 01-3125-048-0290,
01-3125-054-0340, 01-3125-054-0341
Area Reserved for Recording
PERPETUAL EASEMENT
THIS EASEMENT made this 14 day of September , 2023 by PRH N MIAMI
LLC, A FLORIDA LIMITED LIABILITY COMPANY, whose address is 2115 North Miami
Avenue, ("Grantor"), to the CITY OF MIAMI, a Florida Municipal Corporation, its successors
and assigns, whose address is 444 SW 2nd Avenue, Miami, FL 33130 ("Grantee").
WHEREAS, Grantor is the owner of fee simple title in and to the property described in
Exhibit "A" (the "Property")
WITNESSETH, that the Grantor for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration paid, the receipt and sufficiency of which is
hereby acknowledged, hereby grants unto Grantee, its successors and assigns, a perpetual
easement for public pedestrian ingress and egress over and upon the sidewalk, with full authority
to enter upon the sidewalk, said land lying in Miami -Dade County, Florida, viz:
SEE LEGAL DESCRIPTION AND SKETCH ATTACHED
HERETO AND INCORPORATED BY REFERENCE
HEREIN AS EXHIBIT "B".
RIGHTS GRANTED TO THE GRANTEE, the Grantee shall have the right of usage
and enjoyment of the easement for public pedestrian ingress and egress purposes. The Grantor
shall construct and maintain sidewalk within the easement area and to clear and keep clear all
trees, undergrowth, and other obstructions that may interfere with the normal ingress and egress
upon the easement by the Grantee, out of and away from the herein Grantee right-of-way and
that the Grantor, its successors and assigns, agree not to build, construct or create nor permit
others to build, construct or create, any buildings or other structures on the herein granted
easement that may interfere with the normal ingress and egress purpose. Grantor further grants
the reasonable right to enter upon adjoining lands of the Grantor for the purpose of exercising the
rights herein granted.
Grantor shall maintain the sidewalk within the easement area in good condition and
repair. Grantor reserves the right to grant other easements within the easement area, and to use
the easement area primarily for Grantor's own benefit, provided such other easements and uses
do not interfere with Grantee's use of the easement area as granted hereby.
1
TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns
forever, together with a covenant hereby knowingly, voluntarily and freely given by Grantor not
to sue or to maintain any civil or other claim, demand, cause of action, debt, default, or other
relief against the said Grantee and its successors and assigns from any or all personal injury,
property damage, or diminution of property rights arising from or accruing by virtue of the
Grantor's activities, acts and omissions under this easement and/or construction on and/or
maintenance to the lands, if any, owned by the Grantor, laying adjacent, continuous or abutting
to the lands hereinabove described and the Grantor shall defend title to said lands against all
persons claiming by, through or under said Grantor, and shall indemnify, defend, and hold
harmless the Grantee against any and all claims, costs, expenses, deficiencies, liabilities,
judgments, losses, damages, or suits (including related counsel fees at trial and appellate
proceedings, and court costs) arising from or in connection with the Grantor's activities under
this easement, in whole or in part.
Insurance. The Grantor shall maintain in full force at all times during the term of this
agreement, a commercial general liability coverage affording bodily injury, including death and
property damage with limits of $1,000,000.00 per occurrence, $2,000,000.00 policy aggregate.
The certificate shall include coverage for premises liability, and any other applicable coverage
exposures as applicable, in connection with this easement. The certificate shall reflect a primary
and non contributory basis, and shall reflect the Grantee as an additional insured on this
coverage.
The insurance and easement shall be subject to the approval of the City of Miami Risk
Manager and the City of Miami Attorney. The insurance policy shall be procured and premiums
paid by Grantor. The effective date of the policy shall be prior to or on the effective date of the
Easement and the policy term or any renewals thereof shall remain in effect for the term of the
Easement.
The insurance carrier for the policy must be rated no less than A- as to management and
no less than Class (V) as to strength by the latest edition of Best's Insurance Guide and must be
approved by the City of Miami Risk Manager. Grantee shall be listed as Additional Insured
under the policy. Proof of insurance shall be supplied to the satisfaction of Grantee prior to the
issuance of any permits. A Certificate of Insurance bearing Grantee as "Additional Insured" shall
in no way relieve Grantor of the obligation to add Grantee as "Additional Insured" to the actual
insurance policy. The insurance policy shall provide that Grantee be given at least thirty (30)
days advance written notice of any material changes, cancellation or non -renewal notification of
any policy and, in the event of such material change, cancellation or non -renewal notification,
Grantor shall immediately replace said policy with another policy to the satisfaction of Grantee
with the receipt of a certificate of insurance for such policy by Grantee at least ten (10) days
prior to the effective date of the material changes, cancellation or non -renewal of any policy. In
the event that the Grantee is not in possession of same by such date, then Grantee shall have the
right to immediately secure a similar insurance policy in its name with the total cost of the
premium and all monies that may become due during the term of the easement being charged to
the Grantor and Grantee shall have the right to declare and establish said costs as a lien on
property described herein of Grantor, enforced as any lien provided for under the statutes of the
State of Florida. Grantor agrees to increase from time to time, as required by the City of Miami
Code, the limits of the comprehensive liability insurance policy required to be provided pursuant
to this Easement, upon the written request of Grantee.
2
This Easement agreement shall be binding upon successors and assigns, personal
representatives, heirs, executors, and administrators, of the parties hereto. This Easement
agreement will be construed under the laws of the State of Florida. Venue in any action or
proceeding between the parties arising out of this Easement agreement shall be in Miami -Dade
County, Florida.
The Grantor's representative below is hereby authorized and directed to execute this
perpetual easement with the Grantee.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original, and such counterparts shall together constitute but one and the same
Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this
Agreement (Whether by facsimile, PDF, or other electronic transmission), which signature shall
be binding on the party whose name is contained therein.
[SIGNATURE PAGE FOLLOWS]
3
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and
year first above written.
Signed, sealed and delivered in the presence of:
Witness:
Print Name:
Address:
GRANTOR:
PRH N MIAMI LLC, a Florida Limited Liability
Company
Lei By:
RON HOYL
Authorized Representative
Witness:
Print Na
Addres
o ct a 6cf,0`rj STD •
EL
rE.4-5
STATE OF FCC}
COUNTY OF )
Cif 5
The foregoing instrument was acknowledged before me by means of L'7 physical presence or El
online notarization, this I Li day of { CA r� , 20 f A.D., by Ron Hoyl,
Authorized Representative for PRH N MIAMI. LLC, a Florida Limited Liability Company,
who is personally known to me or who has produced (type of identification) as identification.
[Notary Seal]
NOTARY PUBLIC, STATE OF TEXAS
MY COMM. EXP. 03/27/2027
NOTARY ID 1008086-9
4
Notary Public
CI va
Name typed, printed or stamped
My Commission Expires:
JOINDER BY MORTGAGEE
The undersigned, Bank OZK (hereinafter "Mortgagee"), under that certain Amended and Restated Mortgage,
Security Agreement and Fixture Filing from PRH N Miami LLC (hereinafter "Property Owner"), to Bank OZK, dated
November 7, 2022 and recorded November 9, 2022 in Official Records Book 33460, Page 3301, of the Public
Records of Miami -Dade County, Florida, covering all/or a portion of the property described in the Perpetual
Easement ("Easement"), does hereby consent to the execution of the foregoing Easement by PRH N Miami, LLC and
agrees that in the event Mortgagee or any other party shall obtain title to the property through foreclosure or deed -in -
lieu of foreclosure, this Easement shall be binding upon the entity obtaining title as the then owner of such property.
Mortgagee makes no warranty or any representation of any kind or nature concerning the Easement, any of its terms
or provisions, or the legal sufficiency thereof, and disavows any such warranty or representation as well as any
participation in the development of the property, and does not assume and shall not be responsible for any of the
obligations or liabilities of the Property Owner contained in the Easement. None of the representations contained in
the Easement or other documents shall be deemed to have been made by the Mortgagee, nor shall they be
construed to create any obligations on the Mortgagee to any person relying thereon. Nothing contained herein shall
affect, modify or impair the lien or encumbrance of the Mortgage, the obligations of the mortgagor under the
Mortgage, or rights and remedies of the Mortgagee as set forth in the Mortgage (or any subsequent holder) or in the
Easement. Property Owner shall indemnify, defend and hold Mortgagee harmless from and against any and all
losses, liabilities, claims, damages, expenses, obligations, penalties, actions, judgments, suits, costs or
disbursements of any kind or nature whatsoever, including but not limited to, attorneys' fees and costs, that
Mortgagee may incur as a result of, in connection with, or arising under the Easement.
2/
day of
IN WITNESS WHEREOF, these presents have been executed this
WITNESSES: BANK OZK
Signature of Witness #1
0 1 X.Q f-J
Print" Nam o itn #1
Si nature of Witn ss #2
��t-erne
Printed Name of Witness #2
STATE OF TEXAS
)SS
COUNTY OF DALLAS
, 2023
By: 4 .
Name: 464, fa/
Title: - /` A o./.14r.4/7e r /
i The foregoing instrument was acknowledged befor, by mean of physical presence, this 2��day of
lU , 2023 by Gi�-F�n ( as
u( of BANK OZK, on behalf of the bank. Such individual is personally known to
me or has produced as identification.
AQA(1-- r, dm:6-
Signature of Notary Public
Notary Public Ste of Texas / -
Print Name: #�e,tr t ') C Z— —
My commission expires: in- r j_ St/2-1
ACTIVE 62705601v4
nim
GENEVA SANCHEZ
NOTARY PUBLIC - STATE OF TEXAS
ID / 125461702
My Commission Expires 10-13-2025
(Affix Seal)
CITY OF MIAMI, a municipal
ATTEST: corporation of the State of Florida
By:
Todd B. Hannon, City Clerk Arthur Noriega, V, City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
By:
Victoria Mendez, City Attorney Ann -Marie Sharpe, Director
Risk Management Department
6
EXHIBIT A
LEGAL DESCRIPTION
Lot 1, Less the West 20 feet, Lot 2, Less the West 20 feet, and Lots 4 and 5, Block 2 of
FLEMING AND PEARSON SUBDIVISION, according to the Plat thereof as recorded in Plat
Book 3, Page 146, of the Public Records of Miami -Dade County, Florida.
And
Lot 3, Less the West 20 feet, Block 2 of FLEMING AND PEARSON SUBDIVISION, according
to the Plat thereof as recorded in Plat Book 3, Page 146, of the Public Records of Miami -Dade
County, Florida.
And
Lots 1 and 2, Block 3 of BAYVIEW ADDITIONS, according to the Plat thereof as recorded in
Plat Book B, Page 107, of the Public Records of Miami -Dade County, Florida, Less that part of
said Lots 1 and 2 lying West of Line which is 35 feet East of the Center Line of North Miami
Avenue.
7
EXHIBIT B
EASEMENT SKETCH AND LEGAL DESCRIPTION
8
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
_ 15'
MIAMI AVENUE
20'
35'
N.E. 22nd STREET
—351'
Z N
U
rZ
Lri
11
NORTH LINE
BLOCK 2
N89°50'00"k 191.78'
tci LOT 1
BLOCK 2
(P.B. 3, PG. 146)
BLOCK 2
FLEMING AND PEARSON SUBDIVISION
(P.B. 3, PG. 146)
S89°50'00"E
LOT 2
LOT 3
BLOCK 2
(P.B. 3, PG. 146)
LEGEND:
P.B. DENOTES PLAT BOOK
PG. DENOTES PAGE
Q DENOTES CENTERLINE
DENOTES SUBJECT PARCEL
P.O.C. DENOTES POINT OF
COMMENCEMENT
P.O.B. DENOTES POINT OF
BEGINNING
LOT 1
BLOCK 3
BAY VIEW ADDITION
(P.B. B, PG. 107)
190.19'
Lri
LOT 5
6.5' PEDESTRIAN
ACCESS EASEMENT
hT
Lcs
LOT 4
P.O.C.
NE CORNER
OF LOT 5
S 13°53 30'1N
10.29' \
P.O.B.
N13°53'30"E
6.69'
Scale: 1 "= 40'
A PORTION OF SECTION 25-53S-41E, CITY OF MIAMI—DADE COUNTY, FLORIDA.
THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSp4e S M. 4775
•••
��.•'• �' SHeE- 1 OF 2 SHEETS
REVISIONS
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY- R MAR, 5-FA
PHONE No.(954)435-7010 FAX No. (954)438-3288
ORDER NO 216591 PREP,9R�NDER J SUPERVISIO �` P.•,'
�///� /C//LfQ � 0R1�,.•
DATE DUNE 29, 2023 it Mini fir..
THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, PRINCIPAL
1-17
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
08-17-2023
K: \ 255347 \FLEMING AND PEARSON BLK 2 \SKETCH LEGAL \DWG \ PEDES7RIAN ACCESS EA4MEN7(REV). DWG
LEGAL DESCRIPTION
TO ACCOMPANY SKETCH
LEGAL DESCRIPTION:
A PORTION OF LOTS 1, 4 AND 5, BLOCK 2, FLEMING AND PEARSON SUBDIVISION, ACCORDING' TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 3 AT PAGE 146, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 5, BLOCK 2; THENCE ALONG THE EAST LINE OF
SAID LOT 5, SOUTH 13°53'30" WEST FOR A DISTANCE OF 10.29 FEET TO THE POINT OF BEGINNING;
THENCE ALONG A LINE 10.00 FEET SOUTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO,
THE NORTH LINE OF SAID BLOCK 2, NORTH 89 50'00" WEST FOR A DISTANCE OF 191.78 FEET; THENCE
SOUTH 00°10'00" WEST FOR A DISTANCE OF 6.50 FEET TO A POINT; THENCE ALONG A LINE 16.50 FEET
SOUTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID BLOCK
2, SOUTH 89°50'00" EAST FOR A DISTANCE OF 190.19 FEET TO A POINT; THENCE ALONG THE EAST
LINE OF SAID LOT 5, NORTH 13°53 30 " EAST FOR A DISTANCE OF 6.69 FEET TO THE POINT OF
BEGINNING.
ALL LYING AND BEING IN SECTION 25, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI,
MIAMI-DADE COUNTY, FLORIDA.
SURVEYOR'S NOTES:
1. THE BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING OF NORTH 89 50'00" WEST ALONG THE
NORTH RIGHT-OF-WAY LINE OF N.W. 22ND STREET.
2. SAID PARCEL CONTAINS 1,241 SQUARE FEET, MORE OR LESS.
3. AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING
PROFESSIONAL LAND SURVEYOR.
4. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON
ONLY. THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES
5. ORDERED BY: PRH N. MIAMI LLC
0,0
NJ
THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSOj// S M. 4775
SHEsHeAL9 OF 2 SHEETS
-.54GQ4Gr2 & .4 - ' , i.7j5
LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY-1MAR, Aig5
PHONE No.(954)435-7010 FAX No. �(954)438-3288 .®
ORDER NO 216591 PR PJ4RED NDER J SUPERVISIO '` P••,'
�14. /C//LfP /(/) 0R1�,.• .
DATE DUNE 29, 2023 � � � ��� �-�.•'
THIS IS NOT A "BOUNDARY SURVEY" MARK STEVEN JOHNSON, PRINCIPAL
'117,
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
REVISIONS
08-17-2023
K: \ 255347 \FLEMING AND PEARSON BLK 2 \SKETCH LEGAL \DWG \ PEDES7RIAN ACCESS EASEME/ 7(REV). DWG