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HomeMy WebLinkAboutExhibitThis Instrument Prepared by Company: City of Miami Office of the City Attorney Julie 0. Bru, City Attorney Address: 444 Southwest 2nd Avenue, Suite 945 Miami, Florida 33130 GRANT OF EASEMENT THIS INDENTURE, made this day of Reserved for Circuit Court 2009, between THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called "GRANTOR"), and MIAMI -DADS 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 considerations, 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 sewer 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, install, operate and maintain sewer facilities, with the right to reconstruct, improve, change; and remove all or any of the facilities within the easement, 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. 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 aclolowledges 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. Any contractors utilized by GRANTEE in connection with activities undertaken in connection with this sewer EASEMENT shall: (1) indemnify the GRANTOR and the GRANTEE for negligent, willful or intentional acts or omissions of the contractor and its subcontractors in connection with any activities undertaken on the Easement Parcel, and (2) obtain and provide to GRANTOR evidence of comprehensive general liability insurance and auto liability insurance with minimum limits of coverage in the amount of $1,000,000.00 per occurrence, bodily and property damage combined and (3) list GRANTOR and GRANTEE, as additional insureds under such contractor's liability insurance set forth in Exhibit "B", "Insurance Requirements," 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 all pavements, sidewalks, curb and gutter, existing utilities, and landscaping to a condition acceptable to the GRANTOR. 2 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 automatically cease and revert with the right of inunediate 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 Department of Water and Sewer P.O. Box 330316 Miami, Florida 33233 -03 16 TO GRANTOR: CITY OF MIAMI City Manager City of Miami 300 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 Public Facilities 444 SW 2 Avenue, Suite '325 Miami, FL 33130 or to such other address as any party may designate by notice complying oath 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 retum 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. [Signatures appear on next page] 4 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 Cleric shall constitute evidence of approval by the City of Miami. ATTEST: Priscilla A. Thompson City Clerk APPROVED AS TO FORM AND CORRECTNESS: Julie 0. Bru City Attorney CITY OF MIAMI, a municipal corporation of the State of Florida In Pedro G. Hernandez City Manager APPROVED AS TO INSURANCE REQUIREMENTS: LeeAnn Brelun, Risk Management Director Risk Management Department 5 EXHIBIT "A" LEGAL DESCRIPTION AND SKETCH EXHIBIT "A" SKETCH.AND LEGAL DESCRIPTION MIAMI-DAJDE WATER AND SEWER DEPARTMEN B DISTRICT WASTEW TER ATNEINT PLANT A� ,� . \ ) LAMB JR. 14�v 149 20 BEAR CUT CHANNEL BRIDGE \ if LOCATION MAP Ot l A PORTION OF SECTIONS 16, 17 AND 20, h TOWNSHIP 54 SOUTH, RANGE 42 EAST MIAMI—DADE COUNTY, FLORIDA C, BEGIN LlkffT TO THE VILLAGE OF KEY BISCAYNE — P(3)SM, L.L.C. L.B. No. 7335 PROFESSIONAL SURVEYORS & MAPPERS 3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33166 PHONE:(305) 463-0912 FAX:(305) 463-0913 SKETCH AND LEGAL DESCRIPTION FOR A 15 FOOT WIDE M IAMII-DADE WATER AND SEWER DEPARTMENT UTILITY EASEMENT DATE:�7 WN�� SCALE: JOB No. SHEET: �D 07-20-09 DF AS SHOWN 0808-00003-004 1 of SURVEYOR'S NOTES AND CERTIFICATE SURVEYOR'S NOTES: 1) This is not c Boundary Survey, but only a GRAPHIC DEPICTION of the description shown hereon. 2) North arrow direction and bearing shown hereon are based on on assumed meridian of S45'44'14"E, along the centerline of Key Biscayne Boulevard (Rickenbacker Couseway), 3) Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. 4) There may be additional restrictions not shown on this Sketch & Legal that may be found in the Public Records of this County. Examination of the ABSTRACT OF TITLE will have to be made to determine recorded instruments, if any affecting this property. 5) No title research has been performed to determine if there are any conflict existing or arising out of the creation of the easements, Right—of—Ways, Parcel Descriptions, or any other type of encumbrances that the herein described legal may be utilized for. 6) The intent of this description is to encompass a 15 FOOT WIDE MIAMI—DADE WATER AND SEWER DEPARTMENT UTILITY EASEMENT. SURVEYOR'S CERTIFICATE: I hereby certify to the best of my knowledge and belief that this drawing is a true and correct representation of the SKETCH AND LEGAL DESCRIPTION, of the real property described hereon, I further certify that this survey was prepared in accordance with the applicable provisions of Chapter 61G17-6 Florida Administrative Code. Date: July 2D, 2009 _ EDUARDO M, ASUA EZ, P S. Professional Surveyor and M Aper State of Florida, Registration No. 6313 P(3)SM, L.L.C. L.B. No. 7335 PROFESSIONAL SURVEYORS & MAPPERS 3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33156 PHONE:(305) 463-0912 FAX:(305) 463-0913 SKETCH AND LEGAL DESCRIPTION FOR A 15 FOOT WIDE MIAMI-DADE WATER AND SEWER DEPARTMENT UTILITY EASEMENT DATE: DRAWN BY SCALE: JOB No. SHEET: 07-20-09 DF A5 SHOWN 01508-00003-OD4 2 of 7 EASEMENT LEGAL DESCRIPTION EXHIBIT "A" A parcel of land lying in sections 16 and 17, township 54 south, range 42 east, all lying and being in Miami—Dade County, Florida, as it is more particularly described to wit; Commencing at the intersection of the centerline of Key Biscayne Boulevard (Rickenbacker Causeway) and the south line of section 17, township 54 south, range 42 east; thence southeasterly along the centerline of Key Biscayne Boulevard (Rickenbocker Causeway), for a distance of 145.26 feet to a point; thence N64'12'35"E, for a distance of 702.13 feet to a point; said point lying on the limits of both Miomi—Dade County and the City of Miami; thence N45'44'14"W, along the limits of both Miami—Dade County and the City of Miami, for a distance of 38.55 feet to the Point of Beginning of the hereinafter described parcel of land, begins a 15,DO foot wide Miami—Dode Water and Sewer Department (MDWASD) Utility Easement, lying 7.50 feet on each side of the following described centerline (shortening or extending the side lines thereof, so as to create a continuous strip of land); thence N64'14'09"E, for a distance of 21.72 feet to a point; said point also hereinafter referred to as Point "P"; thence continue N64'14'09"E, for a distance of 1,500,58 feet to a point; said point also hereinafter referred to as Point "Q"; thence continue N64'14'09"E, for a distance of 277.58 feet to a point; said point being the beginning of a curve concave to the northwest, having a radius of 2,300.00 feet; thence northeasterly 121.86 feet along said curve through a central angle of 03'02'09" to a point of non—tangency, thence N73'03'12"E, for a distance of 49.25 feet to a point; thence S62'03'01"E, for a distance of 81.95 feet to a point; thence N72'59'29"E, for a distance of 142.18 feet to o point; said point being the beginning of a curve concave to the south, having a radius of 2,300.DO feet; thence northeasterly 242.40 feet along said curve through a central angle of 05'02'18" to a point of tangency; thence NB9'41'24"E, for a distance of 123.22 feet to a point; thence N44'41'24"E, for a distance of 75.38 feet to a point; thence NB9'38'D4"E, for a distance of 422.82 feet to a point; said point also hereinafter referred to as Point "R"; thence continue N89'38'04"E, for a distance of 1,332.17 feet to a point; said point being the beginning of a curve concave to the northwest, having a radius of 2,300.00 feet; thence northeasterly 78.D6 feet along said curve through a central angle of 01'56'41" to a point of tangency; thence N87'41'24"E, for a distance of 88.78 feet to a point; said point also hereinafter referred to as Point "S"; thence continue N87'41'24"E, for a distance of 137.20 feet to a point; thence N76'26'24"E, for a distance of 164.35 feet to a point; thence N65'11'11"E, for a distance of 181.55 feet to a point; thence N54'01'06"E, for a distance of 212.44 feet to a point; thence N42'46'06"E, for a distance of 110,49 feet to a point; thence N31'29'41"E, for a distance of 657,43 feet to a point; said point also hereinafter referred to as Point "T"; thence continue N31'34'38"E, for a distance of 262,80 feet to a point; said point being the beginning of a curve concave to the northwest, having a radius of 2,300.00 feet; thence northeasterly 173.43 feet along said curve through a central angle of 04'19'13" to a point of tangency; thence N27'11'53"E, for a distance of 409.76 feet to a point; thence N04'41'53"E, for a distance of 132.31 feet to ❑ point; thence N17'48'07"W, for a distance of 154.00 feet to a point; thence N40'18'07"W, for a distance of 154.00 feet to a point; thence N51'33'07"W, for a distance of 110.00 feet to a point; thence N74'03'07"W, for a distance of 104.03 feet to a point; thence S60'56'53"W, for a distance of 50.77 feet to a point; Continues on next page P(3)SM, L.L.C. L.B. No, 7335 PROFESSIONAL SURVEYORS & MAPPERS 3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33166 PHONE:(305) 463-D912 FAX:(305) 463-0913 SKETCH AND LEGAL DESCRIPTION FOR A 15 FOOT WIDE MIAMI-DADE WATER AND SEWER DEPARTMENT UTILITY EASEMENT DATE: DRAWN BY SCALE: JOB No. SHEET: D7-20-09 DF AS SHOWN 0808-OD003-004 3 of 7 EASEMENT LEGAL DESCRIPTION EXHIBIT "A" thence N74'03'07"W, for a distance of 16.92 feet to a point; thence NB5'18'07"W, for a distance of 17.86 feet to the point of Point of Termination. TOGETHER WITH: Beginning at the aforementioned Point "P"; said point also being the Point of Beginning of the hereinafter described parcel of land, begins a 15.00 foot wide Miami—Dade Water and Sewer Department (MDWASD) Utility Easement, lying 7.50 feet on each side of the following described centerline (shortening or extending the side lines thereof, so as to create a continuous strip of land); thence S25'45'50"E, for o distance of 16.22 feet to the Point of Termination. TOGETHER WITH: Beginning at the aforementioned Point "Q"; said point also being the Point of Beginning of the hereinafter described parcel of land, begins a 15.00 foot wide Miami—Dade Water and Sewer Department (MDWASD) Utility Easement, lying 7.50 feet on each side of the following described centerline (shortening or extending the side lines thereof, so as to create a continuous strip of land); thence S25'45'48"E, for a distance of 14.50 feet to the Point of Termination. TOGETHER WITH: Beginning at the aforementioned Point "R"; said point also being the Point of Beginning of the hereinafter described parcel of land, begins a 15.00 foot wide Miami—Dade Water and Sewer Deportment (MDWASD) Utility Easement, lying 7.50 feet on each side of the following described centerline (shortening or extending the side lines thereof, so as to create a continuous strip of land); thence S00'49'18"E, for a distance of 14.02 feet to the Point of Termination. TOGETHER WITH: Beginning at the aforementioned Point "S"; said point also being the Point of Beginning of the hereinafter described parcel of land, begins a 15.00 foot wide Miami—Dade Water and Sewer Department (MDWASD) Utility Easement, lying 7.50 feet on each side of the following described centerline (shortening or extending the side lines thereof, so as to create a continuous strip of land); thence S02'18'33"E, for a distance of 14.55 feet to the Point of Termination. TOGETHER WITH: Beginning at the aforementioned Point "T"; said point also being the Point of Beginning of the hereinafter described parcel of land, begins a 15.00 foot wide Miami—Dade Water and Sewer Department (MDWASD) Utility Easement, lying 7.50 feet on each side of the following described centerline (shortening or extending the side lines thereof, so as to create a continuous strip of land); thence S58'30'38"E, for o distance of 30.48 feet to the Point of Termination. P(3)SM, L.L.C. L.B. No. 7335 PROFESSIONAL SURVEYORS & MAPPERS 3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33166 PHONE:(305) 463-0912 FAX:(305) 463-0913 SKETCH AND LEGAL DESCRIPTION FOR A 15 FOOT WIDE MIAMI-DADE WATER AND SEWER DEPARTMENT UTILITY EASEMENT DATE: DRAWN BY SCALE: JOB No, SHEET: D7-20-09 DF I AS SHOWN 0806-DD003-004 4 of 7 SKETCH TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "A" NORTH GRAPHIC SCALE zoo o Too zoo ( IN FEET ) 1 inch = 200 ft. ti 0 5a CD ryI •,4c� POINT'Q' ul � i� 5'4548"E w POT n�UMR� as POB S25'45'50"E ' 2 POT POC— s SOUTH LINE OF SECTION 17-54-42 yes ABBREVIATIONS & LEGEN13 P.B. -DENOTES PLAT BOOK PC. DENOTES PAGE -DENOTES CENTERLINE PDB DENOTES POINT OF BEGINNING PDCDENOTES POINT OF COMMENCEMENT POT .DENOTES POINT OF TERMINATION P(3)SM, L.L.C. L.B. No. 7335 PROFESSIONAL SURVEYORS & MAPPERS 3900 NW 79 AVENUE, SUITE 235 DDRAL, FLORIDA 33166 PHONE:(305) 463-0912 FAX:(305) 463-0913 SKETCH AND LEGAL DESCRIPTION FOR A 15 FOOT WIDE MIAMI-DADE WATER AND SEWER DEPARTMENT UTILITY EASEMENT DATE: DRAWN BY SCALE: JOB No. SHEET: 07-20-09 DF A5 SHOWN 0606-00003-004 5 of 7 SKETCH TO ACCOMPANY LEGAL DESCRIPTION NORTH EXHIBIT "A" GRAPHIC SCALE zoo D Too zoo I ( IN FEET ) 1 inch = 200 ft. _ ~ NB9'38'04"E POINT'R' O Radlus-2,300.00' 7 e0' 1SO0' 422.82' _ _ Arc Length -121.86' �——--------- Central Angle -03'02'05" N89'41'24"E / �� C,,�f — 50Ed 0'49'18"E — O] r LLI 92g"E — — — — — 123.22' J Yq1 14.02' W ��,•5 - — — — ,4i�6 — Rodlus-2.300.00' �� �� POT W y \ zz i -� Arc Length -242.40' Z Selo Genital Angle -06'02'18" W / �/ V. 873 ��� S'7f V LN73'D3'12*'E w Z 49,25' 1 2 U E- d t` O r_ � w co y'� Q mN68B.784„E Lu T'S" v P01NT'R' N89'38'D4"E 1,332.17' _ Lu 87'41'24"E — — — — —7t�' „J UArc Rdi230000' 137.20' Length-7B.06H Q POTCentroi Angle-01'OT 502'1 B'33"E 14,65' ABBREVIATIONS & LEGEND P.B. -DENOTES PC. -DENOTES PLAT BOOK PACE q -DENOTES POB -DENOTES CENTERLINE POINT OF BECINNINC PDC -DENOTES POT -DENOTES POINT OF COMMENCEMENT PONT OF TERMINATION P(3)SM, LLC. L.B, No. 7335 PROFESSIONAL SURVEYORS & MAPPERS 3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33166 PHONE:(305) 463.0912 FAX;(305) 463-0913 SKETCH AND LEGAL DESCRIPTION FOR A 15 FOOT WIDE MIAMI-DADE WATER AND SEWER DEPARTMENT UTILITY EASEMENT DATE: DRAWN BY SCALE: JOB No.. I SHEET: 07-20-09 DF AS SHOWN OBOB-00003-0D4 I B of 7 SKETCH TO ACCOMPANY LEGAD. DESCRIPTION NORTH EMBIT "A" GRAPHIC SCALE zoo 0 Too zoo I MATCHLINE (SEE BELOM ( IN FEET ) / f i inch = 200 ft. ABBREVIATIONS & LEGEND / P.B. —DENOTES PLAT BOOK P0. DENOTES PACs OB DENOTES POINOTES T CENTERLINE FNBEGINNINC POC DENOTES POINT OF COMMENCEMENT POT =DENOTES PONT OF TERMINATION ?/4 O Q• U O X40/// / PDIN7 T' / 28.50' 6�5N84050 "WPOT 17.86' 50.77' 5'18'07"W 560'56'53"W N74.0,I3,s PDT 104.03' t7 WN74'D3'07" 16.92' ���7Wp N703\�0{y 20.73'0\I?(7p W�y FZ ILL f— W & V LLL.I E // a M�,l W Z J o z U � MATCHLINE (SEE ABOVE) P(3)SM, L.L.C. L.B. No. 7335 PROFESSIONAL SURVEYORS & MAPPERS 3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33166 PHONE:(305) 463-0912 FAK(305) 4630913 SKETCH AND LEGAL DESCRIPTION FOR A 15 FOOT WIDE MIAMI-DADE WATER AND SEWER DEPARTMENT UTILITY EASEMENT DATE: DRAWN BY SCALE: JOB No. SHEET: 07-20-09 DF AS SHOWN 0806.00003-004 7 of 7 EXHIBIT "B" INSURANCE REQUIREMENTS FOR GENERAL CONTRACTOR WITH RESPECT TO GRANT OF EASEMENT BETWEEN THE CITY OF MIAMI AND MIAMI DADE COUNTY L Commercial General Liability (Primary & Nora Contributory) 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 included as an additional insured Miami Dade County included as an additional insured Explosion, Collapse and Underground Contingent Liability (Independent Contractors Coverage) Contractual Liability Waiver of Subrogation Premises & Operations Liability II. Business Automobile Liability, A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident S 1,000,000 B. Endorsements Required City of Miarni included as an additional insured Miami Dade County included as additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation IV. Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit 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.