HomeMy WebLinkAboutExhibit 1Folio No, 01-3135-026-0291
Prepared by and after recordation return to:
City of Miami
Office of Miami City Attorney Julie 0. Bru, Esq.
444 S.W. 2nd Avenue, Suite 945
Miami, FI 33130
GRANT OF EASEMENT
THIS INDENTURE, made this day of , 2011, between MIAMI-DADE COUNTY, a
political subdivision of the State of Florida, (hereinafter called "GRANTOR"), and THE CITY OF
MIAMI, a municipal corporation of the State of Florida, and whose mailing address is c/o City of Miami,
3500 Pan American Drive Miami, FL 33133, hereinafter called ("GRANTEE");
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 stormwater drainage easement on the property of the GRANTOR,
shown and described on EXHIBIT "A" attached hereto and made a part hereof, (hereinafter called the
"EASEMENT") to construct, install, operate and inspect stormwater drainage facilities, and all
appurtenances thereto, including but not limited to outfall, stormwater treatment structures, drainage
pipe transmission and collection facilities and all appurtenant equipment (hereinafter called the
"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 there from 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.
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 attorney's fees and court costs arising directly or indirectly from the negligent 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. GRANTEE shall pay all claims and losses in connection therewith and shall
investigate and defend all claims, suits or actions in the name of the GRANTOR, where applicable,
including appellate proceedings, arising solely out of the negligence of GRANTEE, its officers, agents
and instrumentalities, and shall pay all costs, judgments, and attorney's fees which may issue
thereon, to the extent provided and allowed by Section 758.28, Florida Statutes. This indemnification
shall survive any cancellation of this agreement.
Any contractors utilized by the GRANTEE in connection with activities undertaken in connection
with this stormwater drainage EASEMENT shall indemnify and name additional insured
the GRANTOR and the GRANTEE for the negligence of the contractor and its subcontractors in connection with
any activities undertaken on the EASEMENT Parcel. The GRANTEE is selfinsured in accordance and subject to
the stipulations as set forth in Section 768.28, Florida Statutes. GRANTEE will provide GRANTOR a statement
of self-insurance for, self insurance reserves equivalent to having commercial general liability, auto liability, and
statutory workers' compensation coverage for the State of Florida and shall also provide the GRANTOR a copy
of the contractors insurance prior to the start of construction.
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 ten (10) days 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, and the right to construct 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 pavements, sidewalks, curb and gutter,
existing utilities, and landscaping to a condition acceptable to the GRANTOR.
The GRANTOR requires the GRANTEE to encase the GRANTOR's 30-inch water main within the
EASEMENT of the planned improvements to the stormwater drainage facilities, The GRANTEE shall submit the
plans to the GRANTOR for approval and submit proof of all required permits prior to the start of construction.
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 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 automatically 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. The GRANTEE agrees to return the property to the "as is"
condition upon completion of the stormwater drainage improvements.
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), retum receipt requested, or sent by any form of
ovemight mail, addressed to:
TO GRANTEE:
City of Miami
City Manager
3500 Pan American Drive
Miami, FL 33133
WITH COPIES TO:
City of Miami
City Attorney
444 SW 2nd Avenue, Suite 945
Miami, FL 33130
TO GRANTOR:
Miami -Dade Water and Sewer Department
c/o Director
3071 SW 38th Avenue, Fifth Floor
Miami, FL 33146
WITH COPIES TO:
County Attorney
111 NW First Street, Suite 2810
Miami, Florida 33128
City of Miami
Director of Public Facilities,
444 SW 2nd Avenue, Suite 325
Miami, FL 33130
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.
(The rest of this page is intentionally left blank)
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 Miami -Dade
County Clerk shall constitute evidence of approval by Miami -Dade County.
ATTEST: MIAMI-DADE COUNTY:
By: By:
Clerk County Mayor
ATTEST:. CITY OF MIAMI
By: By:
(SEAL) City Clerk City Manager
Approved as to form and legal sufficiency: Approved as to form and legal sufficiency:
Assistant County Attorney City Attorney for City of Miami
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1MANUEL G. & ASSOCIATES, INC. E OF PROJECT
ENGINEERS ® SURVEYORS MAPPERS PROTECT NAME
13960 SW 47th Sm beeteMiami, FL 33175ePhone (305)221-6210
P.O. BOX 650578 a Miami, FL a Fax (305)221-1295 DAM
waw mgvera ao® e man @tngveracom LB 2439 08-18-2009
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FR
Exhibit A .
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GRAPHIC SCALE
60
INS)
1 inch = 30 ft.
120
LEGAL DESCRIPTION:
THE WESTERLY 20 FEET. OF THE EASTERLY 25 FEET OF LOT 29—E
OF COUNTRY CLUB ADDITION. ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 8 AT PAGE 72 OF THE PUBLIC
RECORDS OF MIAMI—DARE COUNTY. FLORIDA.
LYING AND BEING IN MIAMI—DADE COUNTY, FLORIDA. AND
CONTAINING 2,434 SQUARE FEET MORE OR LESS.
ABBREVIATIONS
M = DENOTES
DENOTES
P.B. = DENOTES
PG. = DENOTES
R/W = DENOTES
MONUMENT LINE
CENTERLINE
PLAT BOOK
PAGE
RIGHT—OF—WAY
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SKd�'�CI—! TO A.1 t 4PA9'fY
L_AL ®ES Firl�.7—/OPsi
SKETCH TO ACCOMPANY LEGAL IDESCRIPTION
GREENFIELD GARDENS
PROPOSED DRAINAGE EA EMENT
DRAWN BY
S.N.
SCAI F PAGE1
AS SHOWN I of
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