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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 2 Avenue, Suite 945 Miami, Florida 33130 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, 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 utility 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, 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; q�s& :F le 434 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 solely arising 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 utility EASEMENT shall: (1) indemnify the GRANTOR and the GRANTEE for the negligence of the contractor and its subcontractors in connection with any activities undertaken on the Easement Parcel, and (2) obtain and provide to GRANTOR and GRANTEE with a certificate of insurance for commercial general liability on a primary and non contributory basis with limits of at least $1,000,000 per occurrence, $2,000,000 aggregate for bodily injury, including death and property damage, affording coverage for premises and operations liability, contractual and contingent exposures, products and completed operations, and including coverage for personal and advertising injury, and any applicable endorsements in connection thereto. In addition, the certificate must provide coverage for all owned, hired and non owned autos with minimum limits of coverage of $1,000,000, and must also reflect coverage for workers' compensation in accordance to statutory limits for the State of Florida, and a limit of $500,000 for employer liability for each accident, disease each employee and disease policy limit. In addition, the certificate must provide umbrella coverage (excess follow form) with limits of $1,000,000 per occurrence, $1,000,000 aggregate. The certificate must list GRANTOR AND GRANTEE as an additional insured with respect to general liability and auto, and umbrella coverage, and must reflect (30) days on the cancellation provision, except for non-payment (10) days. 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. 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 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: 3 TO GRANTEE: Miami -Dade County Water and Sewer Department Attn: Director 3071 S.W. 38th Avenue, Suite 514 Miami, FL 33146 WITH COPIES TO: Miami -Dade County County Attorney 111 N.W. 1St Street, Suite 2810 Miami, FL 33128 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 2nd Avenue, Suite 945 Miami, FL 33130 City of Miami Director of Public Facilities 444 SW 2nd 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. 4 IN WITNESS executed in its name EASEMENT by the Miami. WITEREOF, the Grantor herein has caused these presents to be on the day and year first above written. Attestation of this City Clerk shall constitute evidence of approval by the City of CITY OF MIA -VH, 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: RIQUIREMENTS: Julie O. Bru City Attorney Gary Reshefsky, Interim Director Risk Management Department LEGAL DESCRIPTION AND SKETCH SEE ATTACHED EXHIBIT "A" EXHIBIT"A" DW -2010-000 FLORIDA STATE ROA® NO. f 12 (NORTH -SOUTH EXPRESSWAY) --------------------------(R-P-S. 815 PG.4 d TRACT Ri MOOREPARK • ` __-------_-wa-------------------------------------------------------- -------------------at--_-------------------- _---_-------- --- N.W.N36th STREET 6 TRACT "A" MOOREPAFK T-Wqp 865 P/.45) LOBATION MAP NOT TO SCALE (f iH5 DOCUMENT CONSISTS OF 6 SNc^ETS AND EACH SHEET SHALL NOT BE CONSIDERED FULL, VAL7D AND COMPLEi E UNLESS ATTACHED To THE OTHERS. vmmc: �cvmoi�.ucoaePumcaumuGiwnia�t��y+eauxaaww¢earsmucrmvm+a )PMMELt ]AYAIEtti2.W ' 2001 tV W 107th Aim NOT A BOUNDARY SURVEY MIAMI, FL 33172-2507 SKETCH TO ACCOMPANY oru�xaaL oT. •m+a Toa ao. +a000+azea �l (305) 592-7275 REVISZONS; 11— DRAWN Z.CF EASEMEfVT LEGAL DESCRIPTIOfr! Z CHECKED D.W.D. =LORIDA CER7 XI CA 7E' 0FAU7NORIZA TI ON NUMBER La24 3- Qc----QIN °- SHEET: 1 OF 6 EXHIBIT "A" DW -2010_000 LEGEND POINT DESIGNATION FOR LEGAL DESCRIPTION CITY MONUMENT LINE (� CENTER LINE 0 15 30 60 90 GRAPHIC SCALE IN FEET ABBREVIATIONS D.B. = DEED BOOK O.R.B. = OFFICIAL RECORDS BOOK PG. = PAGE P.B. = PLA- BOOK P.O.B. = POINT OF BEGINNING P.O.T. = POINT OF TERMINATION P.O.C. = POINT OF COMMENCEMENT R.P.B. = ROAD PLAT BOOK SEC. = SECTION MATCH LINE SEE SHEET 3-6 co 0. w W T z xWLLJ a z Lu ®� ! ca ;� u o 0 In ;z 0 00 I-E®cd OF 12'EASEMENTTO I MIAMI WATER COMPANY I ( 1p' 10 my (D.B. 1003,PG.74), (P.B.86, PG,45) P.O.C. SOUTHERLY LINE, TRACT "B" SE CORNER L I L (P.B.86, PG. 45) - TRACT'B" (P.B. 86, PG. 45)� y_ S87°40'31"W 623.56' q -- —� .0.3.a!g NORTHERLY RIGHT OF WAY LINE )OB N0. �EE1B28J DRAwN Z.C.R CHECKED D.W.o Qc D.W.D. SHEET: 20F 6 iV,�lVe 36th STREET 3- --� y �o Lo SOUTH LINE SEC. 23-53-41 a W e9si BLOCK 1 10 I 16 i 2nd AMENDED PLAT OF PART ag EDEN PARK ( OF BUENA VISTA PARK I I (p.B. 7, PG -29) (P. B. 4, PG. 170) (I I I THIS DOCUMENT CONSISTS OF 6 SHEETS AND EA ON SHEE7 SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS ATTACHED TO THE OTHERS. w1Avz XWRRfEG]SIWEHE PMh1CpNFifNEP[Yl6 E19EA(ENIfOwCu10ERE PAfU(81KfOPJE fANSTRNCTWMD1Ni /PAINiEE: TI]MGfD 11:13 W.1 NOT A BOUNDARY SURVEY G 2001 N. W 107th AVE. MIAMI, FL 33172-2507 wito (305) 592-7275 .ORIOA CERTIFfCA TE OF A UTHORlZA TION NUMBER LB24 SKETCH TO ACCOMPANY EASEMENT LEGAL DESCRIPTION ORIGINAL: 0748dM0 SINS: I )OB N0. �EE1B28J DRAwN Z.C.R CHECKED D.W.o Qc D.W.D. SHEET: 20F 6 3- a- EXHIBIT"A" DW -2010-000 N51 °37'14"W 10.00' 1 MATCH LINE SEE SHEET 4-6 �l W �I iN z m1 �m O �Ln 1 m. z < lr-� W� all t0 +z ¢ r1 N87°36'29"E1 W 22.71' z >- m , Em V ? I 0 15 30 60 90 GRAPHIC SCALE IN FEET LEGEND 'C POINT DESIGNATION FOR LEGAL DESCRIPTION �1 CITY MONUMENT LINE (C CENTER LINE ABBREVIATIONS D.B. = DEED BOOK O.R.B. = OFFICIAL RECORDS BOOK PG. = PAGE P.B. = PLAT BOOK P.O.B. = POINT OF BEGINNING P.O.T. = POINT OF TERMINATION P.O.C. = POINT OF COMMENCEMENT R.P.B. = ROAD PLAT BOOK SEC. = SECTION t OF 12' EASEMENT TO MIAMI WATER COMPANY (D.B. 1003,PG.74), (P.B.86, PG.45) TRACT "B" d P.O.T. N01"45'20"W MCORE PARC ti �O V67,1 �2 I i 16.0 S88"14'40"W ��■ $6! PG7e45D TRACT" v>2. I 9,70' MOORE PARC 6 ®® o S }4 �7 I (Pn®u G, PGe4J) i 868"14'4Q"W J I I , I 7.50' I i MATCH LINE SEE SHEET 2-6 THIS DOCUMENT CONSfSTS OF 6 SHEETS AND EACH SHEET SHALLN0T BE CONSIDERED FULL, VALID AND COMPLETE UNLESS AT7ACHE0 TO THE 07HERS n,N2 ktopq/EGTbWDgpg apmcnN'TAUCl1LNd GaEYSrmav4woo,T vum BUGdNCCNq'iRLCmMowa /vxrMEP. tgvmrof>sz,w NOT A BOUNDARY SURVEY 2001 N. W. 707th A VE. MIAMI, FL 33172-2507 F�-- AW 07-M-"10 �De No. aow,ezal (305) 592-7275 SKETCH TO ACCOMPANYDN8: DRAWN 2.CP EASEMENT LEGAL DESCRIPTIOCHlCKED o.W.D. FLORIDA CERTIFICATE OFAUTHDRIZATION NUMBER LB24 QC D.W O. SHEET: 3 OF 6 �I m 10' 10' z LU N W lY U) i W Z W i y'T �) W LL UO z i I 0 15 30 60 90 GRAPHIC SCALE IN FEET LEGEND 'C POINT DESIGNATION FOR LEGAL DESCRIPTION �1 CITY MONUMENT LINE (C CENTER LINE ABBREVIATIONS D.B. = DEED BOOK O.R.B. = OFFICIAL RECORDS BOOK PG. = PAGE P.B. = PLAT BOOK P.O.B. = POINT OF BEGINNING P.O.T. = POINT OF TERMINATION P.O.C. = POINT OF COMMENCEMENT R.P.B. = ROAD PLAT BOOK SEC. = SECTION t OF 12' EASEMENT TO MIAMI WATER COMPANY (D.B. 1003,PG.74), (P.B.86, PG.45) TRACT "B" d P.O.T. N01"45'20"W MCORE PARC ti �O V67,1 �2 I i 16.0 S88"14'40"W ��■ $6! PG7e45D TRACT" v>2. I 9,70' MOORE PARC 6 ®® o S }4 �7 I (Pn®u G, PGe4J) i 868"14'4Q"W J I I , I 7.50' I i MATCH LINE SEE SHEET 2-6 THIS DOCUMENT CONSfSTS OF 6 SHEETS AND EACH SHEET SHALLN0T BE CONSIDERED FULL, VALID AND COMPLETE UNLESS AT7ACHE0 TO THE 07HERS n,N2 ktopq/EGTbWDgpg apmcnN'TAUCl1LNd GaEYSrmav4woo,T vum BUGdNCCNq'iRLCmMowa /vxrMEP. tgvmrof>sz,w NOT A BOUNDARY SURVEY 2001 N. W. 707th A VE. MIAMI, FL 33172-2507 F�-- AW 07-M-"10 �De No. aow,ezal (305) 592-7275 SKETCH TO ACCOMPANYDN8: DRAWN 2.CP EASEMENT LEGAL DESCRIPTIOCHlCKED o.W.D. FLORIDA CERTIFICATE OFAUTHDRIZATION NUMBER LB24 QC D.W O. SHEET: 3 OF 6 -EXHIBIT "A" DDW-2010-000 f I 0 15 30 6 •� — GRAPHIC SCALE IN FEET LEGEND POINT DESIGNATION FOR LEGAL DESCRIPTION CITY MONUMENT LINE (� CENTER LINE ABBREVIATIONS D.B. = DEED BOOK O.R.B. = OFFICIAL RECORDS BOOK PG.= PAGE P.B. = PLAT BOOK P.O.B. = POINT OF BEGINNING P.O.T. = POINT OF TERMINATION P.O.C. = POINT OF COMMENCEMENT R.P.B. = ROAD PLAT BOOK SEC. = SECTION FLORIDA STATE ROAD w:. (NORTH -SOUTH EXPRESSWAY) • 22' UTILITY EASEMENT I OF 12' EASEMENT TO MIAMI WATER COMPANY, (D.S.1D03,PG.74),(P.B.86,PG.45) CENTERLINE OF EASEMENT NORTHERLY LINE OF TRACT "B" (P.B. 86, PG. 45) v'a `r I S88°14'40"W z `7.90' I Lu AT 1 co we 3- N � l!i a tD m i ZI = a cc l- 0 I' ' 7.90 '40"E 6 7.90' MATCH LINE SEE SHEET 3-6 W,ACX'IPAWECiSUNWEPARIQCAN51RUCf16V6F.t5E1tFNPOtvPN00FE PAPJt BtYtl1.CIXYLS1Al1CSCIN.l� /PRINTF➢. )nNmfo tt�5]AM TH15 DOCUMENTCONSISTS OF 6 SHEETS AND EACH SHEET SHALL NOi BE CONSIDERED FULL, VALID AND COMPLETE UNLESS ATTACHED TO THE OTHERS NOT A BOUNDARY SURVEY 2001 N. W. 107th AVE MIAMI, FL 33172-2507 IM970 (305)592-7275 IF ' ORIDA CERTIFICAMOFAUTHORIZATION NUMBER LB24 SKETCH TO ACCOMPANY EASEMENT LEGAL DESCRIPTION orucann�:. w-ze-zoto REVLSLONS: 2OB no, 0000iazea DRAWN z.cP. QHECKED c. �W.�. SHEET: 4 OF 6 i- 3- 4• EXHIBIT "A" DW -2010-000 EXHIBIT "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR A MIAMI-DADE WATER AND SEWER DEPARTMENT WATER MAIN LOCATED IN SECTION 23, TOWNSHIP 53 SOUTH, RANGE 41 EAST CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA NO. DW-2D1D-000 LEGAL DESCRIPTION: ALL THOSE LOTS, PIECES OR PARCELS OF LAND SITUATE, LYING AND BEING IN SECTION 23, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF IJ; -'Ml, MIAM!-DADE COUNTY, FLORIDA BEING PORTIONS OF TRACT "B" OF "MOORE PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED JULY 24, 1969 IN PLAT BOOK 86 AT PAGE 45 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20 FEET IN WIDTH AND LYING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT "B;" THENCE S87°40'31"W ALONG THE SOUTHERLY LINE OF SAID TRACT "B" AND THE NORTHERLY RIGHT OF WAY LINE OF N.W. 36TH STREET FOR S87°40'31"W FOR 523.56 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF SAID 20 FOOT WIDE STRIP OF LAND; FROM SAID POINT OF BEGINNING, THENCE ALONG SAID CENTERLINE FOR THE FOLLOWING COURSES: THENCE N01 °23'19"W FOR 118.13 FEET; THENCE S88'1 4'40"W FOR 9.70 FEET TO POINT "A;' THENCE CONTINUE S88'1 4'40'W FOR 7.50 FEET; THENCE N46°22'01 "W FOR 41.72 FEET; THENCE N00"52'34"W FOR 351.84 FEET; THENCE N38'32'1 2"E FOR 10.48 FEET TO POINT "B" AND THE POINT OF TERMINATION OF SAID CENTERLINE OF THE 20 -FOOT WIDE STRIP OF LAND. TOGETHER WITH: BEGIN ATTHE AFOREMENTIONED POINT'A;" THENCE N01%%45'20'W ALONG SAID CENTERLINE OF THE 20 -FOOT WIDE STRIP OF LAND FOR 16.00 FEET TO THE POINT OF TERMINATION OF SAID CENT ERLINE OF THE 20 -FOOT WIDE STRIP OF LAND. THE SIDELINES OF THE AFOREMENTIONED 20 -FOOT WIDE STRIPS OF LAND ARE TO BE LENGTHENED OR SHORTENED TO FORM ONE CONTINUOUS STRIP OF LAND. TOGETHER WITH: BEGIN AT THE AFOREMENTIONED POINT "B;" THENCE N51°37'14"W FOR 10.00 FEET; THENCE N38°32'12"E FOR 30.32 FEET; THENCE �IB7°36'29"E FOR 22.71 FEET TO POINT "C; THENCE CONTINUE N87°36'29"E FOR 6.00 FEET; THENCE S01 °33'37"E FOR 20.00 FEET; THENCE 387°36'29"W FOR 5.07 FEET; THENCE S02°17'56"E FOR 7.94 FEET; THENCE S87°36'29"W FOR 11.33 FEET; THENCE S38°32'12"W FOR 5.02 FEET; THENCE S51"1 TOVE FOR 6.87 FEET; THENCE S41 "39'19"W FOR 11.94 FEET; THENCE N51 `37'14"W FOR 23.59 FEET TO SAID POINT'B" AND THE JOINT OF BEGINNING. TOGETHER WITH: 4 STRIP OF LAND 12 FEET IN WIDTH AND LYING 6 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: 3EGW AT THE AFOREMENTIONED POINT "C, THENCE ALONG SAID OENTERLINE FOR THE FOLLOWING COURSES: THENCE N01°33'37"W FOR 18.79 FEET; THENCE NBB"14'4D"E FOR 7.9D FEET; THENCE N01 °45'20"W FOR 63.40 FEET; THENCE S88°14'40"W FOR 7.90 FEET; THENCE J01 °45'20'/ FOR 49.59 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID TRACT "B" OF "MOORS PARK° AND THE DOINT OF TERMINATION OF SAID CENTERLINE. FHE SIDELINES OF THE AFOREMENTIONED 12 -FOOT WIDE STRIP OF LAND ARE TO BE LENGTHENED OR SHORTENED TO FORM ONE 'ONTIN000S STRIP OF LAND. THIS DOCUMENT CONSISTS OF 6 SHEETS AND EACH SHEET SHAD. NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS ATTACHED TO THE OTHERS. ns nwrtaeerswm+a nwwrnwnstpucnoxeensEe+-xnowuwocoE nnwcaN+n�c emmucrwreoxc rvx+rm�rr�am+o++:s ae NOTA BOUNDARY SURVEY ZOO. N.W..O7th AVE. OR3GIHAL: M-29.2010 .1OB ND. 1000016263 MIAMI,FL33.72-2507 (305) 592-7275 wit SKETCH TO ACCOMPANY EASEMENT LEGAL DESCRIPTION rtEvtssoes: oaAwN zc.a. CHECKED D.W.D. QC o.W.Da 2. 11, nRlnA riRnFIrATX nG AI ITWd 17A ni "+l a/OCG cue .. eua=T. •r ME 4 EXHIBIT "A" DW -2010-000 SURVEYOR'S NOTES: SOURCES OF DATA/LIMITATIONS/EXPRESS PURPOSE: THE LEGAL DESCRIPTION WAS GENERATED BASED ON THE FOLLOWING DATA: 1. CERTIFIED COPY OF A RECORD DRAWING ENTITLED "ORANGE BOWL FIELD @ MOORE PARK 765 NW 36 STREET WATER DISTP.ISUTION SYSTEM WATER AS -BUILT DW -2010 000" W TWO SHEETS CERTIFIED BY JOSE A. ROCHE, PSM NUMBER 5935 ON JUNE 25, 2010 ON BEHALF OF THE NORTH STAR GROUP. 2. BEARINGS AS SHOWN HEREON REFER TO A CALCULATED BEARING OF S8T40'31-W ALONG THE'SOUTH LINE OF TRACT "B" OF "MOORE PARK." THIS BEARING IS BASED ON THE NORTH AMERICAN DATUM OF 1983/1990 ADJUSTMENT (NAD83/90) FOR THE STATE PLANE COORDINATE SYSTEM FOR THE EAST ZONE OF FLORIDA. FOR COMPARISON PURPOSES, THE BEARING OF THE SAME LINE PER THE UNDERLYING PLAT IS N67°42'19"E. THIS LINE IS WELL-MONUMENTED AND MORE FULLY SHOWN ON THE SURVEY MAP. 1. SINCE NO OTHER INFORMATION OTHER THAN WHAT IS CITED IN THE SOURCES OF DATA WERE FURNISHED, THE CLIENT IS HEREBY ADVISED THATTHERE MAY BE LEGAL RESTRICTIONS ON THE SUBJECT PROPERTY THAT ARE NOT SHOWN ON THE MAP OR CONTAINED WITHIN THIS REPORT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, THE CITY OF MIAMI, OR THE RECORDS OF ANY OTHER PUBLIC AND PRIVATE ENTITIES AS THEIR JURISDICTIONS MAY APPEAR 2 RELIANCE AS TO THE LOCATION OF THE EASEMENT WAS PREDICATED ON "AS -BUILT" LOCATIONS OF THE WATER MAIN AS SHOWN ON THE RECORD DRAWING. THIS DOCUMENT IS INTENDED TO CREATE STRIPS OF LAND FOR EASEMENT USE COVERING THE NEWLY INSTALLED WATER MAINS AS DEPICTED ON SAID RECORD DRAWING. 3. THIS "SKETCH TO ACCOMPANY EASEMENT LEGAL DESCRIPTION' DOES NOT REPRESENT A FIELD BOUNDARY SURVEY. SAID DOCUMENT WAS PREPARED FOR THE EXPRESS PURPOSE OF A CREATING UTILITY EASEMENT FOR THE MAINTENANCE OF A WATER LINE. AS RELIANCE WAS MADE ON THE "RECORD DRAWING" AS CITED ABOVE, NO FIELD SURVEY WORK WAS PERFORMED IN CONNECTION WITH SAME. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY: THAT THIS 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER NY DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND FURTHER, THAT SAID SKETCH MEETS THE INTENT OF THE APPLICABLE PROVISIONS OF THE'MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA," PURSUANT TO RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTING LAW, CHAPTER 472.027 OF THE FLORIDA STATUTES.... ES +1 G r+i^'9 Ar i+M3i.T�� Y my 1 PBS&.! FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB24 ^yAl 2001 NW 107 AVENUE MIAMI, FLOR 33172-2507, IN� �' t BY: CARLOS M. DEL VALLE, PLS rx c s T y i PROFESSIONAL LAND SURVEYOR NO. 4408 s STATE OF FLORIDA�r DATE OF CERTIFICATION: JULY 29, 2010 NOTICE: NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS AND REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. THIS NOTICE IS REQUIRED PURSUANT TO RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. ©2010-PBSBJ ALL RIGHTS RESERVED. THIS DOCUMENT CONSISTS OF16 SHEETS AND EACH SHEET SHALL NOT SE CONSIDERED FULL, VAUD AND COMPLETE UNLSS ATTACHED TO THE 0 i}Ia aNxwmaeerswo0aeauunrnasm nwvaeasauamow6�.ww6vartxeua�mcc.�usrnucrwxewc fPM.T :mmo,o ZM NOT A BOUNDARY SURVEY 2001 N.W. 107th AVE. MIAMI, FL 33172-2507 PM411 (305) 592-7275 "LORIDA CERTIFICATE OF AUTrIORIZATION NUMBER LB24 SKETCH TO ACCOMPANY EASEMENT LEGAL DESCRIPTION ORIGINAL 07-29-2010 R ONSi 1 708 NO, 100001626, DRAWN zGa. c"ecKFD omp Qc D.w.M SHEET: 6 OF 6 ;: 4• Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT COOPERATION AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE OBC MOORE PARK, LLC TO PROVIDE AN AMOUNT NOT EXCEEDING 52,500,000 FOR THE CITY'S PARTICIPATION INA COOPERATIVE PROJECT IDENTIFIED AS PROJECT NO. B-30625 KNOWN AS "MOORE PARK ATHLETIC FIELD," TO CONSTRUCT A FOOTBALL STADIUM AT MOORE PARK, LOCATED AT 765 NORTHWEST 36 STREET, MIAMI, FLORIDA, WITH THE PROJECT FEATURES DESCRIBED HEREIN AS AN ORANGE BOWL LEGACY GIFT ("THE PROJECT"), WHEREIN THE OBC WILL CONTRIBUTE 52,500,000, AND THE CITY WILL CONTRIBUTE MATCHING FUNDS UP TO 52,500,000; BY FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING COMPETITIVE BIDDING PROCEDURES TO THE EFFECT THAT IT IS IN THE PUBLIC'S BEST INTEREST TO PERMIT AND ALLOW OBC TO DIRECT, SUPERVISE, MANAGE AND BE RESPONSIBLE FOR THE CONSTRUCTION OF THE PROJECT DUE TO TIME CONSTRAINTS IN THIS PROJECT, AND IN RECOGNITION OF CONDITIONS OF THE GRANT FUNDING FROM THE OBC, PRECLUDING CUSTOMARY SEALED BIDDING PROCEDURES TO ALLOW OBC TO SELECT THE QUALIFIED, LICENSED, BONDED, CERTIFIED AND INSURED PRIVATE SECTOR GENERAL CONTRACTOR TO BUILD THIS PROJECT BY A METHOD OTHER THAN COMPETITIVE PROCUREMENT; FURTHER BY FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING, THE CITY MANAGER'S WRITTEN FINDING OF A VALID PUBLIC EMERGENCY; WAIVING CONSULTANT'S COMPETITIVE NEGOTIATION ACT ("CCNA") PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES FOR THE RETENTION OF A CCNA PROFESSIONAL SERVICES (ARCHITECTIENGINEER) FOR THIS PROJECT BY THE OBC. Reference: Name: Execute Agrmt.-OBC Moore Park, LLC Requester: City Manager's Office Cost: Introduced: 10/28/08 Final Action: 11/13/08 Notes: Sections: Indexes: City of Miami Page 1 - Printed on 8!27/2010 EXRT IT "B" City of Miami c;t, Hall »Aal DF' , ter.-•_ _._ay��� 3500 Pan .American Drive P •..; Miami, FL 33133 �. V ir�ai www.miamigov.com Xaasse :� ,s «-;. - Master Report r Resolution R-08-0646 File ID #: 08-01301 Enactment Date: 11/13/08 Version: 1 ' Controding Office of the City Status: Passed Body: Clerk Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT COOPERATION AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE OBC MOORE PARK, LLC TO PROVIDE AN AMOUNT NOT EXCEEDING 52,500,000 FOR THE CITY'S PARTICIPATION INA COOPERATIVE PROJECT IDENTIFIED AS PROJECT NO. B-30625 KNOWN AS "MOORE PARK ATHLETIC FIELD," TO CONSTRUCT A FOOTBALL STADIUM AT MOORE PARK, LOCATED AT 765 NORTHWEST 36 STREET, MIAMI, FLORIDA, WITH THE PROJECT FEATURES DESCRIBED HEREIN AS AN ORANGE BOWL LEGACY GIFT ("THE PROJECT"), WHEREIN THE OBC WILL CONTRIBUTE 52,500,000, AND THE CITY WILL CONTRIBUTE MATCHING FUNDS UP TO 52,500,000; BY FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING COMPETITIVE BIDDING PROCEDURES TO THE EFFECT THAT IT IS IN THE PUBLIC'S BEST INTEREST TO PERMIT AND ALLOW OBC TO DIRECT, SUPERVISE, MANAGE AND BE RESPONSIBLE FOR THE CONSTRUCTION OF THE PROJECT DUE TO TIME CONSTRAINTS IN THIS PROJECT, AND IN RECOGNITION OF CONDITIONS OF THE GRANT FUNDING FROM THE OBC, PRECLUDING CUSTOMARY SEALED BIDDING PROCEDURES TO ALLOW OBC TO SELECT THE QUALIFIED, LICENSED, BONDED, CERTIFIED AND INSURED PRIVATE SECTOR GENERAL CONTRACTOR TO BUILD THIS PROJECT BY A METHOD OTHER THAN COMPETITIVE PROCUREMENT; FURTHER BY FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING, THE CITY MANAGER'S WRITTEN FINDING OF A VALID PUBLIC EMERGENCY; WAIVING CONSULTANT'S COMPETITIVE NEGOTIATION ACT ("CCNA") PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES FOR THE RETENTION OF A CCNA PROFESSIONAL SERVICES (ARCHITECTIENGINEER) FOR THIS PROJECT BY THE OBC. Reference: Name: Execute Agrmt.-OBC Moore Park, LLC Requester: City Manager's Office Cost: Introduced: 10/28/08 Final Action: 11/13/08 Notes: Sections: Indexes: City of Miami Page 1 - Printed on 8!27/2010 Attachments: 08-01301 Exhibit 9.pdf, 08-01301 Summary Form.pdf, 08-01301 Memorandum.pdf, 08-01301 Notice of Public Hearings.pdf, 08-01301 Legislation.pdf, 08-01301 Exhibitpdf, 08-01301 Exhibit 2.pdf, 08-01301 Exhibit 3.pdf, 08-01301Exhibit 4.pdf, 08-01301 Exhibit 5.pdf, 08-01301 Exhibit 6.pdf, 08-01301 Exhibit 7.pdf, 08-01301 Exhibit 8.pdf Action History Ver, Acting Body Date Action Sent To Due Date Returned Result Office of the City Attorney 1 City Commission 11/12/08 Reviewed and Approved 11/13/08 ADOPTED Cityof Miami Page 2 Printed on 8127/20 1 0 A motion was made by .Angel Gonzalez, seconded by Michelle Spence -Jones, that this matter be ADOPTED. Direction by Vice Chair Spence -Jones to the Administration to develop an operational plan for the new football stadium to be built at Moore Park in order to ensure it is able to sustain itself without contributions by the City; further directing the City Manager to review the lack ofparking and work together with Miami -Dade County and the City's Department of Capital Improvements and Transportation to identify additional parking; and further encouraging the Drange Bowl Committee to reach out to and consider the utilization of local small businesses and contactors in the area. Chair Sanchez: We move onto PH.3. PH.3 is also a resolution requiring a 4/5th vote. Larry Spring: Larry Spring, chief fmancial officer. Commissioners, this is a resolution, with a 4/5th affirmative vote, waiving competitive bidding process and authorizing the City Manager to execute a project cooperation agreement with the Orange -- OBC (Orange Bowl Committee) Moore Park, LLC (Limited Liability Corporation). At the last Commission meeting, this Commission approved the acceptance of a S25 million grant associated with building the Orange Bowl Legacy Project at Moore Park. This is the required legislation to move that project forward. Chair Sanchez: All right Mr. Spring: All right Chair Sanchez: This item was already in front of us -- Commissioner Gonzalez: Motion. Chair Sanchez: -- and it -- Vice Chair Spence -Jones: Second. Chair Sanchez: —just needed to be -- Vice Chair Spence -Jones Discussion. Chair Sanchez: -- tweaked a little bit For the record, there's a motion and a second. It is a public hearing. The motion was proffered by Commissioner Gonzilez, second by the Vice Chair. Before we open it up for discussion, it's a public,hearing. Anyone from the public wishing to address this item, step forward and be recognized. Ifnot -- you have the floor, sir. Eric Poms: This is Eric Poms. I'm the CEO (Chief Executive Officer) of the Orange Bowl Committee, and I'm here to answer any questions you may have. We negotiated very successfully with the City Manager and Larry Spring, CFO (Chief Financial Officer), so we appreciate the support. And I'm here to answer any questions. Chair Sanchez: Thank you. At this time the public hearing is closed, coming back to the Commission. Anyone wants to discuss the item? Vice Chair -- Vice Chair Spence -Jones: Discussion Chair Sanchez: — Spence -Jones. Vice Chau Spence -Jones: First of all, I want to thank, once again, Eric and your whole team at the Orange Bowl; also Larry -- I know that you guys havebeen slave -driving to get this whole thing done -- the Parks Department and the Manager, so we're happy to have a park at least for Commissioner Gonzalez and I 'cause we also -- once again, here's something else we share. He's right across the street, so I'm very happy with it. I just want to make sure-- I know I see my CIP (Capital Improvements Project) director here. Ola, we have a chatrette happening this weekend to look at the overall plan for the park because it does need to be locked at for the new building, and hopefully, to include the stadium so that it's one comprehensive plan. City of Miami Page 3 Printed on 8127/2010 Chair Sanchez: Commissioner Regalado, you're recognized for the record City of Miami Page 4 Printed on 9/27/2010 Absent 1 -Marc David Samoff Office of the Mayor 11/17108 Signed by the Mayor Office of the City Clerk Office of the City Clerk 11/19/08 Signed and Attested by City Clerk City of Miami Page 5 Printed on 8127/2010 ECH IT "C" City of Miami Master Report Resolution R-09-0545 City Hall 3500 Pan .American Drive Miami, FL 33133 wvw.miamigov.com File ID #: 09-01229 Enactment Date: 12/10/09 Version: I Controlling City Commission Status: Passed Body: Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES FOR THE ORANGE BOWL FIELD AT MOORE PARK PROJECT, B-30625; ALLOCATING FUNDS IN THE AMOUNT OF $24,702.66, FROM THE CAPITAL IMPROVEMENT PROJECT ACCOUNT, B-30625, FOR SAID PURPOSE. Reference: Introduced: 10/26/09 Name: Execute Agmt-Miami-Dade WASD-Orange Bowl Field Requester: Department of Capital Cost: Final Action: 12/10/09 Improvements Program Notes: Sections: Indexes; Attachments: 09-01229 Legislation.pdf, 09-01229 Exhibit l.pdf, 09-01229 Exhibit 2.pdf, 09-01229 Exhibh 3.pdf, 09-01229 Exhibit4.pdf, 09-01229 Summary Form.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result 1 Office of the City 12/1/09 Reviewed and Attorney Approved I City Commission 12/10/09 ADOPTED i City of Miami Page I Printed on 8/27/2010 A motion was made by Francis Suarez, seconded by Frank Carolo, that this matter be ADOPTED. Chair Samoff: All right. RE.6 is, I believe, our next-- yeah, RE.6. Ola Aluko: Good afremoon. Ola Aluko, director of Capital Improvements, City of Miami. RE.6 is a resolution authorizing the City Manager to execute an agreement with the Miami -Dade County Water and Sewer Department for the Orange Bowl field at Moore Park. This is a typical -- I'm sorry, a typical agreement that you will enter into with the County in the event of a major project where we are requested to either upgrade a waterline or install a waterline. There is a connection fee associated with this. It's a $24,702 connection fee. Again, this is a typical agreement that CIP (Capital Improvements Program) enters into. Chair Samoff. All right. We have a -- do we have a motion? Commissioner Suarez: I will move the passage of the item. Chair Samoff: All right. We have a motion. Is there a second? Vice Chair Carollo: I'm sorry, RE.6? Chair Samoff: RE.6. Vice Chair Carollo: And its for approval of the $24,702? Mr. Aluko: Actually, it's more so forthe approval of the agreement. The County requires City Comm ssion approval, a City Commission action for al I agreements And that agreement -- there is a $24,000 fee associated with the connection fee. So what the Commission is approving is the agreement, the Water and Sewer agreement Vice Chair Carollo: What we are approving right now is the agreement? Mr. Aluko: That's correct Vice Chair Carollo: And the agreement is a cost of $24,702? Mr. Aluko: That's correct, to connect waterlines to the County system. Vice Chair Carollo: Okay. Question. In the backup information that I looked at, I didn't see a total agreement. I just saw as far as 24,000. Is there more to this agreement? Mr. Aluko: The actual agreement is part of the agenda package, and the agreement just lists the stipulations, compliance with laws, approvals. It's standard legal information, but I'm not certain if you have that copy, but we do have a copy as partof the agenda agreement Vice Chair Carollo: Question. More in tune with fiscal impact. Outside of the $24,000, is it going to cost any more to the City?. Mr. Aluko: No, not at all. Vice Chair Carollo: Okay. Chair Samoff: All right So we have -- I will open it up for a public hearing. Anybody wishing to be heard on RE.6, please step up to the podium. Hearing none, seeing none, closing the public hearing, coming back to the Commission. All in favor, please say "aye." Chair Samoff: Aye. Vice Chair Carollo: Have I second? City of Miami Page 2 Printed on 8/272010 .Ave: 3 - Frank Carolo, Marc David Samoff and Francis Suarez Office of the Mayor 12/16/09 Signed by the Mayor City Commission Office of the City Clerk 12/22/09 Signed and Attested by City Clerk City of Miami Page 3 Printed on 8/272010