HomeMy WebLinkAboutExhibitThis Instrument Prepared by
Name: Rafael Suarez -Rivas, Assistant City Attorney
Company: Office of the City Attorney, City of Miami
Address: 444 Southwest 2nd Avenue, Suite 945
Miami, Florida 33130
Tax Folio # 01-0100-000-0520
Reserved for Circuit Court
GRANT OF EASEMENT
THIS INDENTURE, made this day of , 2010, 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, 3575
South Le Jeune Road, Coral Gables, FL 33146, 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 12 -foot wide water
easement, irrevocable, perpetual and non-exclusive 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 water 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;
1
l�kde � lD /31�
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 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.
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 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 properly damage combined and (3) list
GRANTOR and GRANTEE, as additional insureds under such contractor's liability
insurance.
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
K
restore all pavement, sidewalks, curb and gutter, existing utilities, and landscaping to a
condition acceptable to the GRANTOR.
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 maybe 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 aff= 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:
Miami -Dade County
Department of Water and Sewer
3575 South LeJeune Road
Coral Gables, FL 33146
3
TO GRANTOR:
CITY OF MIAMI
Carlos Migoya, City Manager
City of Miami
444 Southwest 2nd Avenue, 10`x' Floor
Miami, FL 33130
WITH COPIES TO:
Julie 0. Bru
City of Miami
City Attorney
444 SW 2 Avenue, Suite 945
Miami, FL 33130
Madeline Valdes
Department of Public Facilities
Asset Management Division
City of Miami
444 SW 2 Avenue, Suite 325
Miami, FL 33130
Bayfront Park Management Trust
301 N. Biscayne Boulevard
Miami, Florida 33132
Attention: Timothy F. Schmand
Executive Director
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.
M
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.
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.
CITY OF MIAMI, a municipal corporation
of the State of Florida
By:
Carlos A. Migoya
City Manager
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Julie O.Bru
City Attorney
LeeAnn Brehm, Director
Risk Management Department
5
VICINITY MAP
NOT TO SCALE
NOTICE:
Not full and complete without Pages 2 through 5
Page 1 of 5
1„ M-DWASAD PROPOSED 12 FOOT WATER MAIN EASEMENT
EXHIBIT 1A-1
ARK';
LOCATION SKETCH cIToFMIAMI
Folio # 01-OI OD -000-0520
NOT TO SCALE MIAMI-DADECOUNTY, FLORIDA
-THIS IS NOT A SURVEY- Section 37, Township 54 South, Range 42 East
Date: December 17, 2009
LEGAL DESCRIPTION:
A water main utility easement over a strip of land 12 feet wide, lying and being in the
subdivision of the James Hagan Donation, Section 37, Township 54 South, Range 42 East,
Miami—Dade County, Florida, more particulory described as follows:
Commence at the Northeast corner of Block 61 North of the A.L. KNOWLTON MAP OF MIAMI,
as recorded in Plot Book "B" at Page 41, of the Public Records of Miomi—Dade County,
Florida; thence NB7'41'25"E along the Easterly prolongation of the Northerly line of Block 61
North of said A.L. KNOWLTON MAP OF MIAMI, for 219.39 feet; thence S19'04'34"E for
645.09 feet; thence S12'D5'15"E for 140.18 feet to the Point of Beginning of the existing
centerline of a 12 foot water main utility easement recorded in Official Records Book 26291,
Page 1540; thence S12'05'15"E, along said existing centerline of a 12 foot water main
utility easement for 228.39 feet; thence S18'08'34"E for 294.87 feet; thence S14'00'24"E
for 115.60 feet; thence S06'12'56"E for 72.15 feet; thence N83'21'41"E for 47.91 feet;
thence N87'55'03"E for 214.07 feet; thence S83'57'51 "E for 91.99 feet; thence S80'11'53"E
for 126.30 feet; thence N85'45'49"E for 28.13 feet; thence N35'00'25"E for 47.38 feet;
thence N87 -31'06"E for 17.20 feet to the Point of Beginning of the new 12 foot wide water
main utility easement, being also a point A; thence N87'31'06"E for 9.63 feet to a point B;
thence continue N87'31'06"E far 31.18 feet; thence NO2'28'54"W for 11.75 feet to the Point
of Termination.
AND
Beginning at Point A of o centerline of a 12 foot utility easement lying 6 feet on each
side; thence S02'28'54"E for 21.34 feet to the Point of Termination. The side lines of said
easement to be shortened or prolonged to meet at angle points.
AND
Beginning at Point B of a centerline of a 12 foot utility easement lying 6 feet on each
side; thence 502'28'54"E for 7.62 feet to the Point of Termination. The side lines of said
easement to be shortened or prolonged to meet at angle points.
Containing 1,108 Square Feet and/or 0.03 Acres more or less by calculation.
NOTICE:
Not full and complete without Pages 1, 3, 4 & 5
Pace 2 of 5
M-DWASAD PROPOSED 12 FOOT WATER MAIN EASEMENT
EXHIBIT "A -I' "BAYFRONT PARK",
CITY OF MIAMI
LEGAL DES CRIJ?TION Folio # 01-0100-000-0520
MIAMI -DADS COUNTY, FLORIDA
-TRIS IS NOT A SURVEY- Section 37, Township 54 South, Range 42 East
Date: December 17.2009
IV
N.E. 6th ST. N87'41'25"E 219-39'
P.O.C. PORT BOULEVARD
N.E. CORNER OF LR
0
BLOCK 61 NORTH EASTERLY PROLONGATION OF
NORTHERLY LINE OF BLOCK 61 NORTH
A.L. KNOWLTON MAP OF MIAMI
LD�
0
Lu 00' 200'
C-14
GRAPHIC f�:;i -E A, SCALE
S 12'0 51 5'E 414 SCALE 00,
CD 140.18'
CD P-0-6. OF
N.E. 4th ST 0 LO Lr) EXISTINC
5-7.5' CENTERLINE OF A
12' WATER EASEMENT
20 30 175 O.R.B. 26291, PG. 1540
-Z
00
L
I
L
D
S12 .0 9'1
1 40-18�
7.5'
0
S1 2'05'1 5"E
/-228.39'
TRACT "A'
u, 0
17.5
20
57. ;yo
0
N.E. 3rd ST, b L) TI
57.5
T MATCH LINE (SEE- PAGE
EXHIBIT "A-111
SKETCH
SCALE: i "= 100,
-THIS IS NOT A SURVry-
NOTICE:
Not full and complete without Pages 1, 2, 4 & 5
Page 3 of 5
M-DWASAD PROPOSED 12 FOOT WATER MAIN EASEMENT
"BAYFRONT PARK",
CITY OF KA h1l
Folio # 01-0100-000-0520
MIAMI -DADS COUNTY, FLORIDA
Section 37, Township 54 South, Range 42 East
Date: December 17, 2009
P.O.B.
Point of Beginning
SEC.
Section
P-O,T-
Point of Termination
TW`P-
Township
P.O.C.
Point of Commence
RGE.
Range
P. B.
Plot Book
T
Centerline
PG.
Page
Y
Monument line
7f _ Right–of–Way
COR
Comer
EXHIBIT "A-111
SKETCH
SCALE: i "= 100,
-THIS IS NOT A SURVry-
NOTICE:
Not full and complete without Pages 1, 2, 4 & 5
Page 3 of 5
M-DWASAD PROPOSED 12 FOOT WATER MAIN EASEMENT
"BAYFRONT PARK",
CITY OF KA h1l
Folio # 01-0100-000-0520
MIAMI -DADS COUNTY, FLORIDA
Section 37, Township 54 South, Range 42 East
Date: December 17, 2009
i
T!
MATCH LINE (SEE PAGE 3)
I
G
57.5'
514'00'24"E
155.60'
w
v�
Lq
0 7 00' 200'
GRAPHIC SCALE
SCALE : 1" = 100'
EYJSi1NG
CENTERLINE OF A
12' WATER EASEMENT
O.R.B. 26291, PG. 1540P.0•131
563'57'51 "E A
S06'12'56"E 91. gg' N87'31' 06"E
,,--72.15' 17.20'-"-
N87'55'0. "E 214.07 _ N85'45'49"E
28.13'
S80-11'S3�0��N
- �
N 83'21 '41 "E 126.3
47.915'00'25"E
Ex'STNG 47.38'
CENTERLINE OF A
12' WATER EASEMENT
O.R.B. 26291, PG, 1540
NB7'31'06°E
9'83 N87'31'06"E
7r-31.18'
LEGEND
P.O.B.
Point of Beginning PG. Poge
RGE,
Range
R/W Right—of—Woy
O
Centerline
P.O.T.
Point of Termination
SEC. Section
ht
Monument line
P.O.C.
Point of Commence
TWP• Township
COR
Corner
P.B.
Plot Book
NB7'31'06°E
9'83 N87'31'06"E
7r-31.18'
NOTICE:
Not full and complete without Pages 1, 2, 3 & 5
Page 4 of 5
M-DWASAD PROPOSED 12 FOOT WATER MAIN EASEMENT
EXHIBIT "A-1" BAY CITY O PARK",
TY OF M1AM1
SKETCH Folio 0 01-0100-w0-0520
MIAMI -DADS• COUNTY, FLORIDA
SCALE: 1 "= 100' Section 37, Township 54 South, Range 42 East
-THIS IS NOT A SURVEY- Date: December 17,2009
31
w
co
0 N
O
to
to to
Z
O
N
o
Ln
to
NOTICE:
Not full and complete without Pages 1, 2, 3 & 5
Page 4 of 5
M-DWASAD PROPOSED 12 FOOT WATER MAIN EASEMENT
EXHIBIT "A-1" BAY CITY O PARK",
TY OF M1AM1
SKETCH Folio 0 01-0100-w0-0520
MIAMI -DADS• COUNTY, FLORIDA
SCALE: 1 "= 100' Section 37, Township 54 South, Range 42 East
-THIS IS NOT A SURVEY- Date: December 17,2009
SOURCES OF DATA:
The Legal Description of the Subject Strip of Land was generated from information provided by the
client. In addition, the following sources of data were used to the extent required to complete this
document in a defensible matter, that is to soy: Plat of "A.L. KNOWLTON MAP OF MIAMI", as recorded
in Plat Book B, at Page 41, of the Public Records of Miami—Dade County, Florida.
Plot of "METROPOLITAN DADE COUNTY BULKHEAD LINE", as recorded in Plot Book 74, at Page 3, of
the Public Records of Miami—Dade County, Florida.
Plat of "DUPONT PLAZA", as recorded in Plot Book 50, at Page 11, of the Public Records of
Miami—Dole County, Florida.
—Bearings as shown hereon are based on the reference bearing as delineated on the Sketch.
—Existing Grant of Easement recorded in Official Records Book 26291, Page 1540, of the Public
Records of Miomi—Dode County, Florida,
CLIENT INFORMATION:
This Sketch and Legal Description was prepared at the insistence of:
BAYFRONT PARK MANAGEMENTY TRUST
LIMITATIONS:
Since no other information other than what is cited in the Sources of Data was furnished, the Client
is hereby advised that there may legal restrictions on the subject property that are not shown on the
Sketch that may be found in the Public Records of Miami—Dade County, or any other public and
private entities as their jurisdictions may appear. The Surveyor makes no representation as to
ownership or possession of the Subject Property by any entity or individual who may appear in public
records.
This document does not represent a field boundary survey of the described property, or any part or
parcel thereof.
SURVEYOR'S CERTIFICATE:
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. Further, that said Sketch meets the
intent of the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to
Rule 61G17-6 of the Florida Administrative Code and its implementing Rule, Chapter 472.027 of the
Florida Statutes.
J. BONFILL & ASSOCIATES, INC,
Florida Certificate of Authorization Number LB3398
9360 Southwest 72nd Street, Suite 265
Miami, Florida 33173 Phone: 305.598.8383
BY----��'� --------------------
Juan . Bonfiiti, P.L.S.
Professional Land Surveyor No. 3179
State of Florida
December 17, 2009 Project: 05-0304 Job: 09-0373 Sketch & Legal
NOTICE: Not valid without the signature, and original raised seol of a Florida Licensed Surveyor and
Mapper. Additions or deletions to Survey Maps and Reports by other than the signing party are
prohibited without the written consent of the signing party. This document consists of multiple Exhibits
and Sheets. Each Sheet as incorporated therein sholl not be considered full, valid and complete unless
attached to the others, This Notice is required by Rule 61G17-6 of the Florida Administrative Code,
NOTICE.
Not full and complete without Pages 1 through 4
q
Page 5of5
EXHIBIT "AR MAIN EASEMENT
- I' M-DWASAD PROPOSED I2 FOOTWATE"BAYFRONT PARK",
CITY 0- MIAMI
SURVEYOR'S NOTES
Folio # o t -o 100-000-0520
-THIS IS NOT A SURVEY-Section
COUNTY, FLORIDA
Section 37, Township 54 South, Range 42 East
Date: December 17, 2009