HomeMy WebLinkAboutexhibitThis Instrument Prepared by
Company: City of Miami
Address: 444 Southwest 2nd Avenue, Suite 945
Miami, Florida 33130
Folio 14 01-4122-002-0020
GRANT OF EASEMENT
THIS INDENTURE, made this day of
, 2005, 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");
Reserved for Circuit Court
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 water
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 and 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.
4-06IWIC.
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 attomey'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 and 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 insured 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
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
2
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 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:
TO GRANTEE:
Miami -Dade County
Department of Water and Sewer
P.O. Box 330316
Miami, Florida 33233-0316
TO GRANTOR:
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 2 Avenue, Suite 945
Miami, FL 33130
City of Miami
Director of Economic Development
444 SW 2 Avenue, Suite 325
Miami, FL 33130
3
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.
[Signatures appear on next page]
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:
Joe Arriola
City Manager
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Jorge L. Fernandez Dania Carrillo, Administrator
City Attorney Risk Management
5
. A.
GULF OF
MEXICO
MIAMI
THIS
PROJECT
•
INDEX OF SHEETS
1. LOCATION MAP
2. LEGAL DESCRIPTION
3. SKETCH OF LEGAL DESCRIPTION
4. SKETCH OF LEGAL DESCRIPTION
SITE ADDRESS
CITY OF MIAMI
MIAMI—DADE COUNTY, FLORIDA
5.
Dioir
INTERNATIONAL
WATERSPORTS CENTER
BISCAYNE BAY
f DINNER KEY
MARINA
LOCATION MAP
N.T.S
LOCATION MAP
CITY OF 1IAM
INTERNATIONAL
WATERSPORTS CENTER
MIAMI, FLORIDA
EDC
SURVEYING, INC
2455 SW 27th AVENUE
SUITE 300, MIAMI, FL 33145
Tel: 305-858-8100
Fox: 305-858-4760
Florido L.B. Reg. No.7368
DATE: I-1 I ••05
SCALE AS PER PLAN
JOB: 19001
DATUM: 1J A
1 Dr4
Legal Description for a twelve (12 ) foot easement lying six ( 6 }feet on either side of the
following described centerline;
Commence at the intersection of the physically existing Southeast right-of-way line of South
Bayshore Drive and the Southwesterly right-of-way line of Aviation Avenue; Thence S
40°-28'-42" E along said Southwesterly right-of-way line of Aviation Avenue for 177.81 feet;
Thence S 13°-23'-23" W for 399.47 feet; Thence N 76°-25'-57" W for 59.74 feet; Thence S
13°-34'-03" W for 11.50 feet to the Point of Beginning of said centerline of easement; Thence N
60°-29'-09" E for 8.02 feet; Thence S 77°-04'-41" E for 36.70 feet; Thence N 12°-36'-49" E for
2.33 feet; Thence N 21°-32'-09" E for 56.79 feet; Thence N 19°-28'-29" W for 31.78 feet; Thence
N 13°-53'-21" E for 142.19 feet to Point 'A'; Thence continue N 13°-53'-21" E for 17.94 feet to
Point' B ; Thence continue N 13°-53'-21" E for 135.89 feet; Thence N 30°-01'-42" E for 2.53 feet;
Thence N 50°-49'-23" E for 32.86 feet to the termination of this line. Together with the following
described centerline; Begin at aforementioned Point 'A'; Thence S 74°-21'-01" E for 13.84 feet;
Thence N 13°-32'-04" E for 4.15 feet; Thence S 74°-21'-01" E for 6.00 feet to the termination of
this line. Together with the following described centerline; Begin at aforementioned Point'B';
Thence S 74°-21'-01" E for 26.45 feet to the termination of this line.
Surveyors Notes:
1. Not valid without the signature and original raised seal of a Florida licensed Surveyor and
Mapper.
2. Prepared on January 11, 2005
3. This Is NOT a Boundary Survey.
4. Bearings are based on an assumed meridian and referenced on the Southwest right-of-way
line of
Aviation Avenue S 40-28'-42" W.
I Hereby Certify : That in my professional opinion and to the best of my knowledge and belief,
the attached "Sketch to Accompany Legal Description" is true and correct as recently
surveyed under my direction and also that this "Sketch to Accompany Legal Description"
conforms with the Minimum Technical Standards set forth by the Florida Board of Professional
Surveyors and Mappers in Chapter 61 G17-6 of the Florida Administrative Code pursuant to
Section 472.027 of #,he Florida Statutes.
Date__ 4/€05—
Donald T. Ra►ns
Professional Surveyor Arid Mapper
Certifoate No, .5851
State ofFlorida
LEGAL DESCRIPTION
EDC
SURVEYING, INC
2455 SW 27th AVENUE
SUITE 300, MIAMI, FL 33145
Tel: 305-858-8100
Fax: 305-858-4760
Florida L.B. Reg. No.7368
CITY OF NAM
ptTERNATIIDNAL
WATER8PORTEI CENTER
MIAMI, FLORIDA
DATE: 1-11--05
scum AS PER PLAN
JOB: 19001
DATUM:
2 of 4 "CM
-
25'
0
25'
50'
SCALE: 1" = 50'
MATCH LINE
"A"
LEGAL DESCRIPTION
EDC
SURVEYING, INC
2455 SW 27th AVENUE
SUITE 300, MIAMI, FL 33145
Tel: 305-858-8100
Fax: 305-858-4760
Florida L.B. Reg. No.7368
CRY OF IMAM
INTERNATIONAL
WATERSPORTE CENTER
MIAMI, FLOtUDA
DATE: 1-11-05
scxE AS PER PLAN
JOB: 19001
DATUM: �A
cr4T
25' 0 25' 50'
SCALE: 1" = 50'
MATCH LINE
"A"
LEGAL DESCRIPTION
EDC
SURVEYING, INC
2455 SW 27th AVENUE
SUITE 300, MIAMI, FL 33145
Tel: 305-858-8100
Fax: 305-858-4760
Florida L.B. Reg. No.7368
CITY OF IMAM
INTERNATIONAL
wATERsPoR1rII CENTER
MIAMI, FLORIDA
DATE: 1-• 11-05
scale: AS PER PLAN
doe: 1f10D1
DATUM: _VA
4 sicers
ID 0 18441
ABSOLUTE BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS City of Miami, a Municipal corporation, hereinafter
called GRANTOR which term shall include the singular or plural as the context shall
require, for and in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, paid and delivered by MIAMI-DADE COUNTY, a political
subdivision of the State of Florida, hereinafter called GRANTEE, the receipt whereof
is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and
by these presents does grant, bargain, sell, transfer and deliver unto the GRANTEE,
its successors and assigns, the following:
All water facilities built and constructed to serve City of
Miami International Water Sports Center, DW2003-173, ID # 18441
located in Section 22-54-41, Miami -Dade County, Florida, as
shown on Exhibit "A" attached hereto and made a part hereof and
as more particularly described on Exhibit "B" attached hereto
and made a part hereof.
TO HAVE AND TO HOLD the same unto the GRANTEE, its successors and assigns forever.
GRANTOR does covenant to and with the GRANTEE, its successors and assigns, that
GRANTOR is the lawful owner of the above described; that said property is free from
all encumbrances; that GRANTOR has good right to sell the same aforesaid; that. the
GRANTOR will warrant and defend the sale of the said property unto the GRANTEE, its
successorsand assigns, against the lawful claims and demands of all persons
whomsoever.
IN WITNESS
day of , 20
WITNESSETH:
Signature CITY OF MIAMI, A MUNICIPAL CORPORATION
By:
WHEREOF, the GRANTOR has hereunto set its hand and seals this
print name
Signature
print name
SIGNATURE (SEAL)
PRINT NAME
, Title
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was
, 20 by
By:
SIGNATURE (SEAL)
, City Manager
PRINT NAME
acknowledged before me this day of
as City Manager and
, as
on behalf of the Municipal Corporation.
have/haven't has/hasn't produced
did/did not take an oath.
NOTARY PUBLIC
PRINT NAME
of City of Miami, a Municipal corporation,
He/She/They is/are personally known to me or
, as identification and
SERIAL NUMBER
A
•
Legal Description for a twelve (12 ) foot easement Tying six ( 6 ) feet on either side of the
following described centerline;
Commence at the intersection of the physically existing Southeast right-of-way line of South
Bayshore Drive and the Southwesterly right-of-way line of Aviation Avenue; Thence S
40°-28'-42" E along said Southwesterly right-of-way line of Aviation Avenue for 177.81 feet;
Thence S 13°-23'-23" W for 399.47 feet; Thence N 76°-25'-57" W for 59.74 feet; Thence S
13°-34'-03" W for 11.50 feet to the Point of Beginning of said centerline of easement; Thence N
60°-291-09" E for 8.02 feet; Thence S 77°-04'-41" E for 36,70 feet; Thence N 12°-36'-49" E for
2.33 feet; Thence N 21 °-32'-09" E for 56.79 feet; Thence N 19°-28'-29" W for 31.78 feet; Thence
N 13°-53'-21" E for 142.19 feet to Point'A'; Thence continue N 13°-53'-21" E for 17.94 feet to
Point' B'; Thence continue N 13°-53'-21" E for 135,89 feet; Thence N 30°-01'-42" E for 2.53 feet;
Thence N 50°-49'-23" E for 32.86 feet to the termination of this line. Together with the following
described centerline; Begin at aforementioned Point 'A'; Thence S 74°-21'-01" E for 13.84 feet;
Thence N 13°-32'-04" E for 4.15 feet; Thence S 74°-21'-01" E for 6.00 feet to the termination of
this line. Together with the following described centerline; Begin at aforementioned Point'B;
Thence S 74°-21'-01" E for 26.45 feet to the termination of this line.
Surveyors Notes:
1. Not valid without the signature and original raised seal of a Florida licensed Surveyor and
Mapper.
2. Prepared on January 11, 2005
3. This is NOT a Boundary Survey.
4. Bearings are based on an assumed meridian and referenced on the Southwest right-of-way
line of
Aviation Avenue S 40-28'-42" W.
I Hereby Certify : That in my professional opinion and to the best of my knowledge and belief,
the attached "Sketch to Accompany Legal Description" is true and correct as recently
surveyed under my direction and also that this "Sketch to Accompany Legal Description"
conforms with the Minimum Technical Standards set forth by the Florida Board of Professional
Surveyors.nnd Mappers in Chapter 61 G17-6 of the Florida Administrative Code pursuant to
Section 47',027.he Florida Statutes.
Date
Donald T. Barns
Professional Surveyor and Mapper
Certificate i"4o. 5851
State of Florida
e5
LEGAL DESCRIPTION
CRY OF IMAM
INTERNATIONAL.
WATERSPORN CENTER
MIAMI. FLORIDA
EDC
SURVEYING, INC
2455 SW 27th AVENUE
SUITE 300, MIAMI, FL 33145
Tel: 305-858-8100
Fax: 305-858-4760
Florida L.B. Reg. Na.7368
DATE:
KALE:
Jog:
DATUM:
1-11-05
AS FIR PLAN
19001
ALA
ID # 1844:L
Exhibit "Su
INTERNATIONAL WATERSRORTS CENTER
DW2003-173
WATER
1. Approximately 480 lineal feet of 12 -inch ductile iron pipe water main,
fittings and appurtenances thereto.
2. Approximately 41 lineal feet of 8-inch ductile iron pipe water main,
fittings and appurtenances thereto.
3. One(1) complete Miami -Dade County approved fire hydrant assemblies,
fittings and appurtenances thereto.
4. One (1) 6-inch fireline services, fittings, meter boxes and appurtenances
thereto, but not including meters.
5. Three (3) main line valves.
7
CITY OF MIAMI
MIAMI-DADE COUNTY SEC. / 22-54-41
M
PARKING AREA
12'WASD ESM'T
(TYP)
...r_
EX.12'
12'bIP
EXHIBIT "A"
480'
41'
3
BILL OF MATERIALS
12 " D.I.P.
8 " D.I.P.
" D.I.P.
" D.I.P.
FIRE HYDRANT ASSEMBLIES
SINGLE SERVICES
DOUBLE SERVICES
2" SERVICES
4" SERVICES
6" " FIRELINES
" FIRELINES
MAIN LINE VALVES
(ESIGNED
IBY: KEVIN M. MCCABE P.E.
AS --BUILT BY: WILLIAM RATCLIFT P.L.S.
(
LEGEND
EX. WATER MAIN
EX. GATE VALVE
NEW WATER MAIN
NEW G.V. B.F.V. ❑
TAPPING SLEEVE & VALVE
FIRE HYD. ASS'Y.
SINGLE SERVICE
DOUBLE SERVICE
2" SERVICE
4" SERVICE
FIRELINE
FH 0
11/I-1/I 1 f I
WATER DISTRIBUTION SYSTEM FOR: INTERNATIONAL WATERSPORTS CENTER
DRAWN: EJG
REVISION:
SCALE: N.T.S.
NSPECTOR:J.00AMPO FOR CONTRACTOR: CENTRAL FLORIDA CKED: BILL OF SALE
Th
DATE: 05--1 3-04
F.B.
E.R. DW2003c-173
E. de Varona MIAMI DADE WATER AND SEWER DEPARTMENT