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HomeMy WebLinkAboutExhibit 308-TE. 13-06/98 This instrument prepared by, or under the direction of, D. Michael Schloss, Esq. District General Counsel State of Florida Deparnnent of Transportation 1000 N.W. 1116 Avenue Miami, Florida 33172 September 7, 2006 - NE Parcel No. : 701. I R(05-29-07) Item/Segment No. 2511562 Managing District . 6 TEMPORARY EASEMENT THIS EASEMENT made this day of , 20 , by and between THE CITY OF MIAMI, a municipality of the State of Florida (the City), grantor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (the Department) its successors and assigns, grantee. WITNESSETH that for and in consideration of the sum of One Dollar and other valuable considerations, receipt and sufficiency of which is hereby acknowledged, the grantor hereby gives, grants, bargains and releases to the grantee, a temporary easement for the purpose of create a construction staging area and handling of soil and other materials, in, upon, over and through the following described land in Miami -Dade County, Florida, described as follows, viz: Parcel 701 FIN No. 2511562 Portions of Watson Island, City of Miami, lying within Section 31, Township 53 South, Range 42 East, 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 of a 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 SS9°51'26"W for 262.31 feet to a point on the westerly right of way line of said General Douglas Mac Arthur Causeway and the POINT OF BEGINNING of a parcel of land hereinafter described; thence along the westerly right of way line of said General Douglas Mac Arthur Causeway for the following described 5 (five) courses; 1) thence S83°38'08"E for 46.56 feet to the point ofcurvature of a circular curve concave to the Southwest having a radius of227.50 feet; 2) thence southeasterly along the arc of said curve to the Right and through a central angle of 45°28'55" for an arc distance of 180.59 feet to the point of reverse curvature of a circular curve concave to the Northeast having a radius of 2723.00 feet; 3) thence southeasterly along the arc of said curve to the Left and through a central angle of 10°53'18" for an arc distance of 517.47 feet to a point on said curve; 4) thence N43°54'30"E for 26.98 feet to the point of curvature of a circular curve that is concave to the Northeast having a radius of 1975.08 feet; 5) thence southeasterly along the arc of said curve to the Left with a radial bearing ofN43°54'09"E and through a central angle of0°43'49" for an arc distance of 25.17 feet to a point on said curve; thence S31°21'52"W for 118.98 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; thence N64°58'36"W along said Dade County Bulkhead Line for 853.25 feet; thence N31°21'52"E for 252.72 feet to a point on the westerly right of way line of General Douglas Mac Arthur Causeway; thence S83°38'08"E along said westerly right of way line of General Douglas Mac Arthur Causeway for 111.02 feet to the POINT OF BEGINNING. Said lands containing 4.39 acres more or less. The Department will notify The City with not less than sixty (60) days previously to the beginning of any works in the area. The Department will allow Flagstone Island Gardens to utilize a portion of the easement area for the parking of not more than 100 cars related to their own construction activities. TO HAVE AND TO HOLD the same unto the said party of the second part, its successors and assigns forever, together with immunity unto the said party of the second part, 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 party of the first part, lying adjacent or contiguous to the lands hereinabove described and the party of the first part will defend the title to said lands against all persons claiming by, through or under said party of the first part. THIS EASEMENT shall be for a period of Months cornmencing on the date the State of Florida, Department of Transportation becomes the owner of this easement. 1 of 3 IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its Ciry Clerk, the date first above written. ATTEST: The City of Miami Its City 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. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any 08-TE.I4-06/98 2 of 3 This instrument prepared by, or under the direction of, D. Michael Schloss, Esq. District General Counsel State of Florida Department of Transportation 1000 N.W. l 11th Avenue Miami, Florida 33172 September 7, 2006 - NE Parcel No. : 701.1 R(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 certain lands now owned by The City of Miami, Flonda, be used temporanly 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 temporary easement, or easements, in favor of the State of Florida Department of Transportation, for the purpose of create a construction staging area and handling of soil and other materials, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of The City of Miami, Florida, that the application of the State of Florida Department of Transportation for a temporary easement, or easements, is for transportation purposes which are in the public or community interest and for public welfare; that a temporary easement, or easements, in favor of the State of Florida Department of Transportation, in Miami -Dade County, 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 The City 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