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HomeMy WebLinkAboutExhibit 1This instrument prepared by and after recordation shall be returned to: Julie 0. Btu, City Attorney City of Miami 444 SW 2"d Avenue, Ste. 945 Miami, FL.33130-]9]D GRANT OF PERMANENT EASEMENT TO THE CITY OF MIAMI US1 ROADWAY IMPROVEMENTS & WALL REPLACEMENT PHASE II CITY FILE NO. # 10-2873 I / We (as applicable) (hereinafter "Grantor(s)") as the legal Owner(s) of certain real property in the City of Miami having a street address of - Miami, FL 33133, and more particularly described on Exhibit A attached hereto and made a part hereof (hereinafter "the Property"), in consideration of ten dollars ($10.00) paid by the City of Miami, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, remised and relinquished to the City of Miami (hereinafter "City" or "Grantee"), a Florida Municipal corporation, having its principal offices at 4111 SW 2nd Ave., Miami, FL. 33130, its successors and assigns, the right, privilege, of a permanent easement (hereinafter the Easement) to construct and perpetually maintain a wall along the south side of US-1, approximately running from SW 19th Avenue to SW 17th Avenue (hereinafter the "Pink Wall Phase In, for the entry and exit of necessary persons, equipment, supplies, materials and excavated earth; relative to the foregoing project, over and across the northerly 12' (approximately) during construction and 7' (approximately) after completion of construction on a permanent basis, of the residential properties abutting the US-1 right of way, such property is owned by the Grantor(s) being described on the attached Exhibit A. The approximate location of the new, improved Pink Wall, its approximate measurements (more or less) and its general course are shown on the informational sheets attached hereto as Exhibit B. TERMS. AGREEMENTS. COVENANTS AND CONDITIONS 1. Post -Construction Work Dutv: Immediately following the completion of this construction, of the new wall, Grantee, or its agents or representatives, will cause to be removed from the Property described herein all debris, surplus material, supplies, and equipment and will leave such Property in a neat, orderly and presentable condition no less than the condition it was in on the date of the granting of the Easement. Surplus leveled earth will be used for filling and leveling on the premises, or hauled away, at the option of the City. The parties stipulate and agree that the purpose of the Easement is the City's undertaking to remove the current Pink Wall adjacent to the Grantor's property and replace it with a new, improved esthetically pleasing and code compliant replacement wall. The wall at this location 1 RC (2, (423 sometimes referred to herein by its common term in the local area which is the "Pink Wall" as it has been historically identified. The new improved Pink Wall ( also referred to herein as the "wa11") serves the interests of public health; safety and general welfare by maintaining and protecting the Owner's property from the traffic hazards of motorists and vehicles traveling along US 1. It will also be an aesthetic improvement to the current Pink Wall which it will be replacing and will further serve to prevent traffic accidents, light intrusion, and noise violations in the area by safeguarding and buffering single family homes from interstate highway which lie in close proximity in the area. Except as herein provided, the City will not be utilizing the Easement for any other purpose besides the construction, maintenance and protection of the Pink Wall, and allied or incidental purposes. The City, at its discretion, may allow utilities/ telecommunications providers to utilize the Easement for their own respective purposes upon such terms as the City may prescribe. Any other use or purpose for the Easement not referenced above will require the Owner's prior written consent. The Pink Wall is the sole property of the City of -Miami, and will not be altered or removed by the Grantor, his/ her successors or assigns. 2, Appurtenances attached to the Pink Wall: The City hereby pledges to take reasonable precaution to not affect appurtenances, personalty, or fixtures entirely detached and separated from the current Pink Wall during construction of the new Pink Wall. However, Grantor is exclusively responsible for the removal and restoration of any and all appurtenances, personalty, or fixtures attached to the Pink Wall and located within the Property. Grantor assumes liability of any and all such appurtenances, personalty, or fixtures which are damaged or affected as a result of the City's work on the Pink Wall as herein described. The City's commitment to restore the property to its condition that existed on the date of the granting of this easement shall not include appurtenances, personalty, or fixtures attached to or connected to the Pink Wall which are and remain the sole responsibility of the Grantor(s). The Grantor(s) by granting the Easement expressly and voluntarily acknowledge that such appurtenances. personalty or fixtures attached or connected to the Pink Wall will be damaged, destroyed or lost and that they will have no recourse against the City for such damage, loss or destruction. 3. Indemnity: Grantor hereby indemnifies and holds harmless the Grantee, its officials, employees, agents or representatives, from any and all actions, causes of action, claims, liabilities, demands and losses of any kind which may be filed or made against Grantee by reason of the operation, maintenance or repair of the Pink Wall by Grantee, unless such actions, etc. are attributable to the negligence or gross negligence of the Grantee. However, in the event the Property, as herein defined, is removed or damaged by the Grantee, its agents or representatives during the construction, grantee will cause the Property to be repaired and restored to a condition fully equal to that existing before construction operations were commenced (excluding appurtenances, personalty, or fixtures as are described in Section 2). 4. Grantor Not Liable: To the extent allowed by § 768.28, Fla. Stat. and other Florida Laws, the City, its agents or representatives, hereby agrees not to hold the individual Grantor personally responsible or liable for personal injuries or property damages which may occur during the construction and maintenance of the Pink Wall, as herein described, unless otherwise attributable to the negligence of Grantor. 5. Liens: Grantee shall not permit any mechanics, laborers materials, or "similar statutory lien arising by reason of Grantee's work upon the Pink Wall to remain an encumbrance against the Pink Wall. Grantee may bond over and contest the validity of any such mechanics lien in lieu of payment thereof. Any bonds given by contractors for such work shall conform to the requirements of §255.05, Fla. Stat. and all applicable laws. 6. Successors and Assigns: This Agreement shall bind, and the benefit thereof shall inure to, the respective successors and assigns of the parties hereto. The City, however, shall not assign this agreement to any other public agency, homeowner's association, civic association, or similar entity without prior written consent to the Grantor(s), which shall not be unreasonably withheld or delayed. 7. Enforcement: This Easement, and the covenants and agreements contained in it will be construed under the laws of the State of Florida and will inure to the benefit of, and be binding and obligatory upon the heirs, executors, administrators; successors and assigns of the respective parties. In the event it becomes necessary for any party to defend or institute a legal proceeding as a result of the failure of either party to comply with the terms, covenants and conditions of this Agreement, each party shall bear its own costs in connection with the agreements described herein. Venue in any such legal proceedings shall be in Miami -Dade County, Florida. In -order to expedite the conclusion of such legal proceedings the parties to this Easement voluntarily and knowingly waive their right to demand a jury trial in any civil action arising out the Easement. 8. Interpretation: No provision of this Agreement will be interpreted in favor of, or against, any of the parties hereto by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof. 9. Notices: All notices, demands, requests or other communications required or permitted to be given hereunder shall be deemed delivered and received upon actual receipt or refusal to receive same, and shall be made by United. States certified or registered mail, return receipt requested or by hand delivery, and shall be addressed to the respective parties at the addresses set forth in the preamble to this Agreement. 10. Entire Agreement: This Agreement constitutes the entire agreement between the parties hereto relating in any manner to the subject matter of this Agreement. No prior agreement or understanding pertaining to same shall be valid or of any force or effect, and the covenants and agreements herein contained cannot be altered, changed or supplemented except in writing and signed by the parties hereto. 11. Severabilitv: If any clause .or provision of this Agreement is deemed illegal, invalid or unenforceable under present or future laws effective during the tens hereof, then the validity of the remainder of this Agreement shall not be affected thereby and shall be legal, valid and enforceable. c � IN WITNESS WREREOF, the parties hereto have duly executed this Agreement as of the date and year first set forth above. Signed, sealed and delivered in the presence of: (Two witnesses or corporate seal required by Florida Law) 1) (Signature of Witness) (Signature of Grantor) (Print/Type Name of Witness) (Print/Type Name of Grantor) • 2) (Signature of Witness) (Signature of Grantor) (Print/Type Name of Witness) (Print/Type Name of Grantor) (Address) STA 11; OF JLORIDA CITY OF MIAMI COUNTY OF MIAMI-DADE The following instrument was acknowledged before me this day of 20, by , who is personally known to me to or who has produced as identification, and who did (did not) take an oath. (Signature) (Print/Type Name) Notary Public, State of Florida My Commission Expires: Serial No., if any: 4 APPROVED AS TO LEGAL FORM AND CORRECTNESS: Julie O. Bru City Attorney APPROVED AS TO CB REQUIREMENTS: Capital Improvements Program Director or Authorized Designee APPROVED AS TO INDEMiNIFICATION: Risk Management Director or Authorized Designee 5 Exhibit A Folio Number: Property Address: Legal Description: Exhibit B US1 ROADWAY IMPROVEMENTS & WALL REPLACEMENT PHASE II ;Z nPRQPFY, OWI�IERr sW!?R.QPbERTl'ADDRES;,s, FOLI'OrvND; 1 Rosario Rojo 2510 SW .17 Avenue 01-4115-026-0200 2 Cesar L. Andrade 1715 Wakeena Drive 01-4115-026-0171 3 Luis Quinones & Bezzis Quinones 1725 Wakeena Drive 01-4115-026-0170 4 Rubens Tabarly & Martha Tabarly 1735 Wakeena Drive 01-4115-026-0160 5 Mario Lignarolo & Fini Lignarolo 1747 Wakeena Drive 01-4115-026-0150 6 Francisco Gattorno & Bermaris Gonzalez 1757 Wakeena Drive 01-4115-026-0140 7 Steven L. Chastain 1765 Wakeena Drive 01-4115-026-0131 8 Denisse M. Becerra 1767 Wakeena Drive 01-4115-026-0130 9 Angel A. Quero & Matilde Quero 1769 Wakeena Drive 01-4115-026-0120 10 Elizabeth Langford Nistal & Salvador Nistal, Sr. 1771 Wakeena Drive 01-4115-026-0110 11 Peter F. Amato 1781 Wakeena Drive 01-4115-026-0100 12 Reinier Serra 2595 Taluga Drive 01-4115-026-0090 13 Johnnie W. Taylor 2598 Taluga Drive 01-4115-026-0080 14 Charity Johnson 1809 Wakeena Drive 01-4115-026-0071 15 Roberto S. Nespereira 1815 Wakeena Drive 01-4115-026-0070 16 Saba Saba & Shirley Saba 1817 Wakeena Drive 01-4115-026-0060 17 Vincent Hemphill 1831 Wakeena Drive 01-4115-026-0050 18 Michael D. Eldridge & Katherine Westcott 1851 Wakeena Drive 01-4115-026-0040 19 Gail Scott 1865 Wakeena Drive 01-4115-026-0030 20 Margaret Bader TRS 1875 Wakeena Drive 01-4115-026-0020 21 Laura Schwartz 1885 Wakeena Drive 01-4115-026-0010 22 Margaret Bader (Natoma Street Trust) 2600 Natoma Street 01-4115-068-0010