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HomeMy WebLinkAboutExhibit 807-PE.13-04/93 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 l 1 °' Avenue Miami, Florida 33172 September 7, 2006 - NE Parcel No. : 800.1 R(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 800 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 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 for262.31 feet to the POINT OF BEGINNING ofa parcel of land hereinafter described; thence383°38'08"E for 46.56 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 227.50 feet and a central angle of 45°28'S5"; thence southeasterly along the arc of said curve to the Right to a point on the westerly right of way line of said General Douglas Mac Arthur Causeway for an arc distance of 180.59 feet to a point of reverse curvature of a circular curve concave to the Northeast having a radius of2723.00 feet and a central angle oE02°35'23"; thence southeasterly along the arc of said curve to the Left to a point on the westerly right of way line of said General Douglas Mac Arthur Causeway for an arc distance of 123.08 feet to a point on said curve and the point ofa circular curve that is 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 N88°42'38"W and through a central angle of 13°42'49" for an arc distance of 247.25 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 231.87 feet to a point on a circular curve that is concave to the Southwest having a radius of 926.00 feet; thence northeasterly, northerly, and northwesterly along the arc of said curve to the Left with a radial bearing of N85°19'14"W and through a central angle of 20°44'52" for an arc distance of 335.32 feet to the POINT OF BEGINNING. Said lands containing 1.79 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 City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: The Ciry of Miami Its City Clerk STATE OF FLORIDA COUNTY OF MIAMI-DADE Ciry Manager Address 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: 2 of 3 07-PE.14 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. i 11 m Avenue Miami, Florida 33172 September 7, 2006 - NE Parcel No. : 800.1 R(05-29.07) Item/Segment No. 251 1562 Managing Distract : 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 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 City Commissioners of The Ciry 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 or community interest and for public wel fare; that a perpetual 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 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