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HomeMy WebLinkAboutExhibit 1607-PE.13-04/93 This instrument prepared by, or under the direction of, D. Michael Schloss, Esq. District General Counsel State of Horida Department of Transportation 1000 N.W. i I lth Avenue Miami, Florida 33172 September 7, 2006 - NE Parcel No. : 801.1R(05-29-07) Item/Segment No. : 2511562 Managing District : 6 PERPETUAL EASEMENT THIS EASEMENT Made the day of , 20 by THE CITY OF MIAMI, a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, grantee. WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose of constructing and maintaining a permanent tunnel envelope to protect the integrity of the tunnel in, over, under, upon and through the following described land in Miami -Dade County, Florida, viz: Parcel 801 FIN No. 2511562 Portions of Section 6, Township 54 South, Range 42 East of Miami -Dade County, Florida. being more particularly described as follows: Commence at a point shown marked by a 5/8" diameter iron rod and cap stamped DOT, shown as P.T. sta. 25+50 on the "Official Map of Location. and Survey ofa portion of section 8706, designated as part of state road A-1-A in Miami Dade County, Florida", prepared by the State Road Department of the State of Florida, as recorded in Map Book 56 at page 71 of the public records of Miami Dade County, Florida; thence S30°08'34'E along the centerline of General Douglas Mac Arthur Causeway for 876.71 feet; thence S59°51'26"W for 262.31 feet to a point on the westerly right of way line of said General Douglas Mac Arthur Causeway, said point also being the point of curvature of .a circular curve concave to the Southwest having a radius of 926.00 feet; thence southeasterly, southerly, and southwesterly along the arc of said curve to the right with a radial bearing of S73°55'56"W and through a central angle of 20°44'50" for an arc distance of335.32 feet to a point on the Dade County Bulkhead Line as recorded in Plat Book 74 at page 4 of the public records of Miami Dade County, Florida; said point also being the POINT OF BEGINNING ofa parcel of land hereinafter described; thence S64°58'36"E along said Dade County Bulkhead Line as recorded in Plat Book 74 at page 4 of the public records of Miami Dade County, Florida for 231.87 feet to the point of curvature ofa circular curve concave to the northwest having a radius of 1033.00 feet; thence southwesterly along the arc of said curve to the right with a radial bearing of N74°59'49"W and through a central angle of 7°47'I8" for an arc distance of 140.42 feet to the point of tangency; thence S22°47'3l"W for 395,43 feet to a point on the southerly limits of the Main Ship Channel as per boundary survey for tentative plat of Watson Island -Southwest prepared for the City of Miami; thence N64°54'34"W along said southerly limits of the main ship channel for 200.16 feet; thence N22°47'31 "E for 330.69 feet to the point of curvature of a circular curve concave to the northwest having a radius of 500.00 feet; thence northeasterly along the arc of said curve to the left and through a central angle of 18°06'44" for an arc distance of 158.06 feet to the point o f tangency; thence N04°40'46"E for 52.91 feet to a point on the Bulkhead Line as recorded in Plat Book 74 at page 4 of the public records of Miami Dade County, Florida; said point also being the POINT OF BEGINNING . Said lands.containing 2.51 acres more or less. TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with immunity unto the said grantee, its successors and assigns from all claims for damage, if any, arising from or growing out of such construction and/or maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous to the lands hereinabove described and the grantor will defend the title to said lands against all persons claiming by, through or under said grantor. IN THE EVENT that the Grantee does not complete construction of the project by July 1, 2015, or at any time after commencement of operation of the Project abandons the Project, the Project Permanent and Temporary Right of Way granted, conveyed, assigned and transferred by the Grantor by temporary construction easements and perpetual easements shall revert to the Grantor, as applicable, and the parties shall execute and delivery necessary and appropriate instruments and other documents required. 1 of 3 IN WITNESS WHEREOF, the said grantor has caused these presents -to be executed in its name by its Ciry Manager, and its seal to be hereto affixed, attested by its Ciry Clerk, the date first above written. ATTEST: The City of Miami Its Ciry Clerk By: City Manager Address STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20_, by , City Manager, who is personally known to me or who has produced as identification. 07-PE.14 (Signature of person taking acknowledgment) (Type,. print or stamp name under signature) Title or rank and serial number, if any This instrument prepared by, 2 of 3 or under the direction of, D. Michael Schloss, Esq. District General Counsel State of Florida Department of Transportation 1000 N.W. 11 I N Avenue Miami, Florida 33172 September 7, 2006 - NE Parcel No. : 801.1R(05-29-07) Item/Segment No. : 2511562 Managing District : 6 RESOLUTION ON MOTION of Commissioner , seconded by Commissioner , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. A-1-A, Section No. 2511562, in Miami -Dade County, Florida: and WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami, Florida, be acquired by the State of Florida Department of Transportation: and WHEREAS, said use is in the best interest of the City: and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a perpetual easement, or easements, in favor of the State of Florida Department of Transportation for the purpose of constructing and maintaining constructing and maintaining a permanent tunnel envelope to protect the integrity of the tunnel, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of Ciry Commissioners of The City of Miami, Florida, that the application of the State of Florida Department of Transportation for a perpetual easement, or easements, is for transportation purposes which are in the public orcommunity interest and for public welfare, that a perpetual easement, or easements, in favor of the State of Florida Department of Transportation in Miami -Dade, Florida, should be drawn and executed by this Board of City Commissioners. Consideration shall be $ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of Miami, Florida, at a meeting held on the day of , 20 . ATTEST: The Board of City of Miami, Florida, By its Board of City Commissioners Clerk (or Deputy Clerk) of the Circuit Court (Affix County Seal) By: Its Chair (or Vice -Chair) (Address) 3 of 3