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HomeMy WebLinkAboutExhibit 1This Instrument Prepared by and after recordation return to: City of Miami Office of the City Attorney Julie 0. Bru, City Attorney Address: 444 Southwest 2nd Avenue, Suite 945 Miami, Florida 33130 Tax Folio #01-4137-039-0010 Reserved for Circuit Court GRANT OF EASEMENT THIS GRANT OF EASEMENT (hereinafter called "EASEMENT"), made this day of , 2011, between THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called "GRANTOR"), 'and IVE M- DADE COUNTY, a political subdivision of the, State of Florida, whose mailing address is c/o Miami -Dade Water and Sewer Department, P.O. Box 330316, Miami, FL 33233- 0316, (hereinafter called "GRANTEE"); WITNESSETH: THAT, the GRANTOR, forand in consideration of the sum of 1'EN 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 GRAN1'EE, its successors and assigns, forever, the right and privilege of .a 10-foot wide exclusive water main easement on the property of the GRANTOR, shown • and described on EXHIBIT "A" attached hereto and made a part hereof, (hereinafter called the "FACILITTFS" or "EASEMENT") to construct, install, inspect, operate and maintain water main facilities, and all appurtenant facilities thereto, including but not limited to fire hydrants, and all appurtenant equipment, 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 therefrom 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 installation or maintenance, repair, use or existence of the GRANTEE'S FACILITIES within the EASEMENT. The GRANTEE aclmowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes. This indemnification shall survive any cancellation of this agreement. Any contractors utilized by GRANTEE in connection with activities undertaken in connection with this water main EASEMENT shall: (1) indemnify the GRANTOR and the GRANTEE for the negligence of the contractor and its subcontractors in connection with any activities undertaken on the Easement Parcel, and (2) obtain and provide to GRANTOR and GRANTEE with a certificate of insurance for commercial general liability on a primary and non contributory basis with limits of at least $1,000,000 per occurrence, $2,000,000 aggregate for bodily injury, including death and property damage, affording coverage for premises and operations liability, contractual and contingent exposures, products and completed operations, and including coverage for personal and advertising injury, and any applicable endorsements in connection thereto. In addition, the certificate must provide coverage for all owned, hired and non owned autos with minimum limits of coverage of $1,000,000, and must also reflect coverage for workers' compensation in accordance to statutory limits for the State of Florida, and a limit of $500,000 for employer liability for each accident, disease each employee and disease policy limit. In addition, the certificate must provide umbrella coverage (excess follow form) with limits of $1,000,000 per occurrence, $1,000,000 aggregate. The certificate must list GRANTOR AND GRANTEE as an additional insured with respect to general liability and auto, and umbrella coverage, and must reflect (30) days on the cancellation provision, except for non-payment,(10) days:: 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 well 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, including but not limited to the right to construct streets, cross and recross said EASEMENT, and the right to erect light or telephone lines or any other improvements which do not hinder the operation, maintenance, repair, or other needed modification of the FACILITP NS by the GRANTEE on an ongoing basis. The GRANTOR agrees that at all times the GRANTEE requires. a 25' vertical clearance for the EASEMENT. 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 standard pavements, sidewalks, curb and gutter, existing utilities, and landscaping to a condition acceptable to the GRANTOR. 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 the GRANTEE or the GRANTEE fails to complete the Tmprovements, the GRANTEE shall remove any partial or incomplete FACILITIES; restore the EASEMENT to the condition it was in prior to this Grant; the EASEMENT shall automatically cease and be surrendered without the necessity of any further action by GRANTOR and the EASEMENT will 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. 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 3 international) by registered or certified mail (postage prepaid), return receipt requested, or sent by any form of overnight mail, addressed to: TO GRAN 1EE: Miami -Dade County Miami -Dade Water and Sewer Department Attn: Director 3071 SW 38th Avenue, 5tn Floor Miami, Florida 33146 TO GRANTOR: City of Miami City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 WITH COPIES TO: City of Miami City Attorney 444 SW 2nd Avenue, Suite 945 Miami, FL 33130 WITH COPIES TO: Miami -Dade County County Attorney 111 N.W. 1st Street, Suite 2810 Miami, FL 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. Any disputes between the parties under this instrument will be resolved in accordance with the Florida Governmental Conflict Resolution Act, Ch. 164, Fla. Stat., as amended from time to time. If the Grantee records the Easement, Grantee will provide a certified copy of the recorded Easement to Grantor within thirty (30) days of it being recorded.. 4 IN WITNESS WHEREOF, the GRANTOR herein has caused these presents to be executed in its name on the day and year fiTst above written. Attestation of this EASEMENT by the City Clerk shall constitute evidence of approval by the City of Miami. CITY OF MIA.11/I, a municipal corporation of the State of Florida By: Johnny Martinez City Manager ATTEST: Priscilla. A. Thompson City Clerk APPROVED AS TO FORM AND APPROVED AS TO LNSURANCE CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney Calvin Ellis, Director Risk Management Depal. Latent 5 IN WITNESS -WHEREOF, Miami -Dade County, by its County Mayor, or his designee, has caused the easement to be accepted and delivered on this day of , 2011. ATTEST: HARVEY RUVIN, Clerk of Said Board By: Deputy Clerk. Approved as to Form and Legal Sufficiency: Assistant County Attorney This Grant of Easement is authorized by Resolution No. R-176-04. 6 Miami -Dade County County Mayor EXIIEIT "A" LEGAL DESCRIPTION AND SKETCH 7 SKETCH O) ACCOMPALTY ga° t3% "�4 mn7Gg4 eFO 6z. A (P,B. 24, PC. 29) N.E. :nth TERR, • SECTION 31, TWP 53 S., RANGE 42 E.._ ai.. I / "DAMES 1- AGAN DONATION", AKA. SECTION 37, �.a ; N.E. fllh ST.. cr, • aal a 1 R Wt ' N.E. tDtn ST. r TRACT "B" — MUSEUM PARK p 4I (P.B.__ PG.__) P?V` I ''a c—_ 7SIT E — J 09 I SOUTH LINE OF TRACT A' N.E. 9th ST. '— NORTH PROPERTY LINE F.E.C. RR. CO. TRACT (NE. 9th STREET 1I I CENTERLINE EXTENDED) P. p, TWP 53"S., RANGE 42 E. SURVEYOR'S NOTES: - THIS MAP IS NOT A SURVEY. FLORIDA - BEARINGS SHOWN HEREON ARE BASED ON RECORD PLAT ("MUSEUM PARK", AS RECORDED IN PLAT BOOK ___ AT PAGE __ OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA) AND ARE REFERENCED TO THE WEST BOUNDARY LINE OF TRACT A, HAVING A BEARING OF NO2'11'22"W. • - THIS SKETCH AND LEGAL DESCRIPTION IS VALID ONLY WHEN ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT. - THIS SITE CONTAINS 10,595 SQUARE FEET OR 0.243 ACRES MORE OR LESS, AS. CALCULATED FROM THE COURSES AND DISTANCES SHOWN HEREON, TRACT CIA" "MUSEUM PARK" (P.B.___, PG.__) . LOCATION SKETCH -IN MIAMI-DADE COUNTY SYMBOLS AND AB1317EV/ATIO1\'S; c- P.O.C= POINT OF n COMMENCEMENT P:O.B,= POINT OF BEGINNING P:O.T.= POINT OF TERMINATION c. . P:B:= PLAT 8001< n Z 1L) U We IQr-+ PG.= PACE S.R. = STATE ROAD R/W= RIGHT -OF WAY (P)= PER PLAT N.:T.$.= .NOT TO SCALE. = ALSO KNOWN .AS = CENTER LINE = MONUMENT LINE CDR. = CORNER M.D.C.W.A.S.D. = MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT F.E.C..= FLORIDA EAST COAST Co = COMPANY FT = FEET R.R. = RAIL ROAD = CENTRAL ANGLE -L = LENGTH R = RADIUS TWP = TOWNSHIP M.A.S. = CITY OF MIAMI ATLAS SHEET BISCAYNE ENGINEERING-.. COMPANY, INC, 529 WEST FLAGLER CT., MIAMI, FL. 33130 TEL. (305) 324-•767- STATE OF FLORIDA DEPARTMENT OF AGRICULTURE LB-0000129 . ANDREW D. CONNER, PSM, FOR THE FIRM, VICE PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER NO. 5995 STATE OF FLORIDA Drawing No. 2115-SS-10 MCISEL h\SUIVEYWRI1JCCIS5790001s\79927 LEGAL DCSCRIPII(INS 2k.nt.ivvel PA 4Sd.0\79923.n 5/202011 I1535,21 AM CDT PROJECT: F< F-i TO AC CC) F'A[VY LEGAL C7ESCFPZ..BP-TT IOFV SURVEY DATE: N/A CLIENT NAME: CITY OF MIAMI DRAWN BY X.N. DATE: 04-18-2011 BEC ORDER # 03-79923 SHEET 1:OF3 A BISCAYNE ENGINEERING C0IEDANY, INC. TEL (305) 324-7671,_FAX (305) 324 ..1700 WWW.BISCAYNEENGINEERING COM '" (808 529 WEST FLAGLER ST, MIAMI FL 33130 [3®MLCwauT) R@MH 145' Lima Am DES 'REPT P TRACT "B" MUSEUM PARK (P.B._ PG.__) P.O.B. I / ! N87'4441 "E N — — — — S29'43'42"E EASEMENT 10' WATER UTILITIES EASEMENT f I 56.30'CENTtRLINE N p I TRACT 'A" d I�WEST LINE OF — — — —- N3411 87E 852:00' T- z .z- SOUTHERLY LINE OF TRACT "A" " - _ NORTH PROPERTY LINE F.E.C. RR. CO, TRACT (NE, 9th STREET CENTER LINE EXTENDED) 7- VURHoa,2 Qa20a 7 0 GRAP-H.IC SCALE 75 150 300 ( IN PEEP ) 1 inoh = 150 ft. TRACT "A" MUSEUM PARK (P.B.___, PG.__) P.O.C. SW COP. TRACT "A" Drawing No. '2115-SS-10 11S J M -PARK PROJECT: SURVEY DATE: DATE: SKI=TCH TCD Ac c CD, rvl :1 L1=GAL ED .5c F 1PT'IC> N/A 04-18-2011 CLIENT NAME: CITY OF MIAMI BEC ORDER 03-79923 DRAWN BY X.N. SHEET 2 OF 3 BISCAYNE ENGINEERING COMPAYY, INC, TEL (305) 324-7671,..FAX, (305) 324 1700 ��f8 e 529 WEST FLAGLER ST, MIAMI FL '33130 WN'W.BISCAYNEENGINEERING.COM- '' LEGAL DESCRIPTION: A STRIP OFLAND, fD FEET .IN WIDTH, BEING . A. PORTION OF TRACT "A'; MUSEUM PARK; ACCORDING 'TO THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK , AT PAGE __, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, L'YING IN A PORTION OF "JAMES HAGAN DONATION", ALSO KNOWN AS SECTION 37, TOWNSHIP 53 SOUTH AND 54 SOUTH, RANGE 41 EAST AND 42 EAST, MIAMI-DADE COUNTY, FLORIDA, LYING 5.00. FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "A' THENCE N 02'11'22"W, ALONG THE WESTERLY LINE OF SAID TRACT "A", 'FOR A DISTANCE OF T10.47 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED CENTERLINE; THENCE .N 87'444.1 " E, FOR A DISTANCE OF 151.20 FEET; THENCE S 29'43'42" E, FOR A DISTANCE OF 56.30 FEET; THENCE N 87 34'11 " E, FOR A DISTANCE OF 852.00 FEET TO THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. THE SIDELINES OF SAID 10 FEET WIDE -STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS REQUIRED TO TERMINATE AT THE WESTERLY LINE OF SAID TRACT "A", .AND TO FORM A CLOSED FIGURE. Drawing No. 2115-SS-10 M S EJ N: P AID K l'ASURVCYMROJCC 15% 19o00'f79920 I.E➢N. ➢ESCRIPTIl1R5 'J/20/2011 10.7501 104 EDT PROJECT: sk mCH 'T 'ACC QMPA,NY LE= GAL c)a cFZIPTION.1 SURVEY DATE: N/A CLIENT NAME: CITY OF MIAMI DRAWN BY X.N. DATE: 04-18-2011 BED ORDER # 03-79923. SHEET 30F3 BISCAYNE ENGINEERING COMPANY, INC. TEL (30') 324-7671, FAX (305)..324 1700 Jam. lBJA 529 WEST FLAG-LER ST, MIAMI FL 33130 WWW.BISCAYNEENGINEERING.COM This Instrument Prepared by and after recordation return to: City of Miami Office of the City Attorney Julie O. Bru, City Attorney Address: 444 Southwest 2nd Avenue, Suite 945 Miami, Florida 33130 Tax Folio #01-4137-039-0010 Reserved for Circuit Court .GRANT OF EASEMENT THIS GRANT OF EASEMENT (hereinafter called "EASEIIE,NT"), made this day of , 2011, between THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called "GRANTOR"), and MLAMI- DADE COUNTY, a political subdivision of the State of Florida, whose mailing address is c/o Miami -Dade Water and Sewer Department, P.O. Box 330316, Miami, FL 33233- 0316, (hereinafter called "GRANTEE"); WITNESSETH: THAT, the GRANTOR, forand in consideration of the sum of 1'EN DOLLARS (S10.00) 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 40-foot wide exclusive sanitary sewage force main easement on the property of the GRANTOR, shown and described on EXHIBIT "A" attached hereto and made a part hereof, (hereinafter called the "FACILITIES" or "EASEMENT") to construct, install, inspect, operate and maintain sanitary sewage force main facilities, and all appurtenant facilities thereto, including but not limited to sewage transmission and collection facilities and all appurtenant equipment, 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 therefrom on the express condition that it is used for the express purposes provided herein; 5 The GRANTEE shall regulate the installation and future operations of the FACILITI hS 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 notulal 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 installation or maintenance, repair, use or existence of the GRANTEE'S FACILIT' HS within the EASEMENT. The GRANTEE acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes. This indemnification shall survive any cancellation of this agreement. Any contractors utilized by GRANIEE in connection with activities undertaken in connection with this water main EASEMENT shall: (1) indemnify the GRANTOR and the GRANTEE for the negligence of the contractor and its subcontractors in connection with any activities undertaken on the Easement Parcel, and (2) obtain and provide to GRANTOR and GRANN'EE with a certificate of insurance for commercial general liability on a primary and non contributory basis with limits of at least $1,000,000 per occurrence, $2,000,000 aggregate for bodily injury, including death . and property damage, affording coverage for premises and operations liability, contractual and contingent exposures, products and completed operations, and including coverage for personal and advertising injury, and any applicable endorsements in connection thereto. In addition, the certificate must provide coverage for all owned, hired and non owned autos with minimum limits of coverage of $1,000,000, and must also reflect coverage for workers' compensation in accordance to statutory limits for the State of Florida, and a limit of $500,000 for employer liability for each accident, disease each employee and disease policy limit. In addition, the certificate must provide umbrella coverage (excess follow form) with limits of $1,000,000 per occurrence, $1,000,000 aggregate. The certificate must list GRANTOR AND GRANTEE as an additional insured with respect to general liability and auto, and umbrella coverage, and must reflect (30) days on the cancellation provision, except for non-payment (10) days. 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 well 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, including but not limited to the right to construct streets, cross and recross said EASEMENT, and the right to erect light or telephone lines or any other improvements which do not hinder the operation, maintenance, repair, or other needed modification of the FACILITIES by the GRANTEE on an ongoing basis. The GRANTOR agrees that at all times the GRANTEE requires a 25' vertical clearance for the EASEMENT. The GRANTEE shall be held responsible for any damage to adjacent property as a result of the installation and future operation of the FACILITI HS, and further, shall restore all standard pavements, sidewalks, curb and gutter, existing utilities, and landscaping to a condition acceptable to the GRANTOR. The GRANTEE during the course of installation and future operation of the FACILE' TES 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 the GRANTEE or the GRAN1'.l✓E fails to complete the Improvements, the GRANTEE shall remove any .partial or incomplete FACILITIES; restore the EASEMENT to the condition it was in prior to this Grant; the EASEMENT shall automatically cease and be surrendered without the necessity of any further action by GRANTOR and the EASEMENT will 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. 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 3 international) by registered or certified mail (postage prepaid), return receipt requested, or sent by any form of overnight mail, addressed to: TO GRANThE: Mimi -Dade County Miami -Dade Water and Sewer Department Attn: Director 3071 SW 38t Avenue, 5th Floor Miami, Florida 33146 TO GRANTOR: City of Miami City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 WITH COPTFS TO: City of Miami City Attorney 4/1SW 2 Avenue, Suite 945 Miami, FL .33130 WITH COPY TO: Miami -Dade County County Attorney 111 N.W. 1st Street, Suite 2810 Miami, FL 33128 City of Miami Director of Public Facilities 444 SW 2 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 telecommnnicated 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 fowl of overnight mail service. Any disputes between the parties under this instrument will be resolved in accordance with the Florida Governmental Conflict Resolution Act, Ch. 164, Fla. Stat., as amended from time to time. If the Grantee records the Easement, Grantee will provide a certified copy of the recorded Easement to Grantor within thirty (30) days of it being recorded. 4 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 City Clerk shall constitute evidence of approval by the City of Miami. CITY OF MIAMI, a municipal corporation of the State of Florida By: Johnny Martinez City Manager ATTEST: Priscilla A. Thompson City Clerk APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney Calvin Ellis, Director Risk Management Department 5 IN WITNESS WHEREOF, Miami -Dade County, by its County Mayor, or his designee, has caused the easement to be accepted and delivered on this day of ,2011. ATTEST: HARVEY RU I , Clerk of Said Board By: Deputy Clerk Approved as to Form and Legal Sufficiency: AssistRnt County Attorney This Grant of Easement is authorized by Resolution No. R-176-04. 6 Miami -Dade County County Mayor EXHIBIT "A" LEGAL DESCRIPTION AND SKETCH (P.B_34_PG. 29)_I N,E. tath TERR.. / - Z^rn� r SECTION 31_TWP 53 S., RANGE /1.2 E. 1 / "JAMES HAGAN DONATION', A.K.A. SECTION 37, TWP '53 S., RANGE 42. E. �J f N;E, tlth ST: di • I O N.E. lOth ST. ;l SITE 1 TRACT "B" MUSEUM PARK (P.B,___, PG.__) TRACT "A" • "MUSEUM PARK" (P.B._--, o — J E a 1 — .J nc SOUTH LINE OF TRACT "A" — — N.E. 9th ST. — — ti — --I NORTH PROPERTY LINE f:E.C. •ftR. CO. TRACT (NE. 9th STREET I -+ CENTERLINE EXTENDED) 1,11 JLIEXIDEN CH' IN MIAMI-DADE COUNTY P• SI g SURVEYOR'S NOTES: - THIS MAP 15 NOT A SURVEY. FLORIDA BEARINGS SHOWN HEREON ARE BASED.:ON RECORD PLAT ("MUSEUM PARK", AS RECORDED IN' PLAT BOOK AT PAGE __ OF 'THE `PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA) 'AND ARE REFERENCED TO. THE WEST BOUNDARY LINE OF TRACT A, HAVING A BEARING OF NO2'11'22"W. - THIS SKETCH AND LEGAL DESCRIPTION IS VALID ONLY WHEN ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT. - THIS SITE CONTAINS 1,424 SQUARE FEET OR 0.033 ACRES MORE OR LESS, AS. CALCULATED FROM THE COURSES AND DISTANCES SHOWN HEREON. SYMBOLS AND ABBREVIATIONS: P,O.C.= POINT OF COMMENCEMENT P.O.B.= POINT OF BEGINNING P.B.= PLAT BOOK PG.= PAGE S.R. = STATE ROAD R/W= RIGHT OF WAY (P)=.PER PLAT N.T.S.= NOT TO SCALE A.K.A. = ALSO KNOWN AS CENTER LINE. �M1 = MONUMENT LINE COR. = CORNER M.D.C.W.A.S.D: = MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT F.E.C. = FLORIDA EAST COAST Co = COMPANY FT = FEET R.R. = RAIL ROAD A = CENTRAL ANCLE L = LENGTH R = RADIUS TWP = TOWNSHIP M.A.S. = CITY OF MIAMI ATLAS SHEET BISCAYNE ENGINEERING COMPANY, INC. 529 WEST FLAGLER ST.. MIAMI, FL. 33130 TEL. (305)' 324-707.1 STATE .OF FLORIDA 'DEPARTMENT AGRICULTURE LB-0000129 ANDREW D. CORNER, PSM, FOR THE FIRM, VICE PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER NO. 5995 STATE OF FLORIDA Drawing No. 2115-SS-07 MUSE rASWVI'TPOaILCLS\I9000.0,79923 LLGeL OESCRIP1IaRIS•RIcenleeriol Pork Sdeg%7997134rg 9/2U/2011 'WW1 A.' C01 PROJECT: SKE='T-CH '-E-0 ACCOMPAf1Y P A 'RK Lf=Gl�L ED E c FR.i PTf O N SURVEY DATE: DATE: N/A 04-18-2011. CLIENT NAME: CITY OF MIAMI BEC ORDER #. __ ' 03-79923 DRAWN BY X.N. SHEET... A BISCAYNE ENGINEERING COM?ANY, INC. ;n„x, re.De 529. WEST FLAGLER ST, MIAMI FL 33130 TEL (305) 324-7671, FAX (305) 324-1700 WWW. BISC AYNEENG INEERING. COM witmEraler TO AGM:MP& LEGAL DESOREFSITOM 63[1@MWHE ae,(zi azin 1.45.00 -Iv- WEST LINE TRACT "A" TRACT "A" 5 . E PL-40/ (P.B.___, PG.__) r P.0.8 . N021.1'2211* 42.79' N71 22'22?'W N. cr) ro Lu Z.D - < u < LeJ GRAPHIC SCALE 0 20 40 BO I-6154 ( IN FEET ) 1 inch = 40 ft. cJ r CN1 0 WEST LINE TRACT "B" NORTHERLY LINE N, A Atob"e TRACT "8" R=30,00! A67242854'1 "JAMES HAGAN DONATION'", A.K.A. SECTION 37, TWP 53 S, RANGE 42 E .z-- SOUTH LINE TRACT "B" TRACT '' A'' 145.00' v- WEST LINE TRACT "A" P.O.C. SW COR. TRACT "A'N SOUTH LINE OF TRACT "A" \: N- NORTH PROPERTY LINE F.E.C. RR. CO. TRACT (NE. 9th STREET CENTERLINE EXTENDEZ Drawing No. 2115-.SS-07 M'JS _arm JAT_< l'eNSURVCYNPROJECISVDDOO'c 79723 Lam. DESCRIPTIONS Iller/vIvrelkkl Pnrii.l.rpV/972J.d.0 3/20/R011 10,31:RI COS PROJECT: 5 PCACCOMPANYLc3L II) Fz.iri c) SURVEY DATE: N/A CLIENT NAME: CITY OF MIAMI DRAWN BY X.N. DATE: BED ORDER # 04-18-2011 03-79923 SHEET 2 OF 3 BISCAYNE ENGINEERING COMPANY, INC. 1696, 529 WEST FLAGLER ST, MIAMI FL 33130 TEL (30)(30) 324-L1700 WYRT.BISCAYNEEGINEERING. COM SNETICEE WO AGOG LE.i-jafATIL DESCREPEEMN ce it-4;14,7 LEGAL DESCRIPTION; A PORTION OF TRACT ."A", OF MUSEUM PARK; ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK AT PAGE -_, OF' THE PUBLIC.: RECORDS .OF MIAMI-DADE COUNTY, FLORIDA, LYING IN A PORTION .OF "JAMES HAGAN ONATION', ALSO -KNOWN AS SECTION 37, TOWNSHIP 53 SOUTH AND 54 SOUTFI, RANGE 41 EAST AND 42 EAST, MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED A3 FOI,LOW.3 COMMENCE AT SOUTHWEST CORNER OF SAID TRACT 'W",' THENCE kl• 02'11'22" W, ALONG THE WEST LINE OF SAID TRACT "A" AND' ALONG THE WEST LINE OF TRACT "B", OF MUSEUM PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED la PLAT BOOK ___. AT PAGE __, OF THE PUBLIC RECORDS .OF .COUNTY, FLORIDA, FOR- 395..76 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER. DESCRIBED. PARCEL OF LAND/ 'THENCE 5 71722!22" E, FOR A DISTANCE OF 77.83 FEET TO A POINT ON THE NORTHERLY LINE OF SAID TRACT "B"; THENCE S 7011'00" W, ALONG,THE NORTHERLY LINE OF SAID TRACT "!El'', FOR A. .DISTANCE OF 48.50 FEET TO TINE POINT OF CURVATURE OF CIRCULAR CURVE CONCAVE TO THE SOUTHEAST; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CIRCULAR CURVE TO THE LEFT AND ALONG THE NORTHERLY LINE OF SAID TRACT "B", HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 24'28'54"; FOR AN ARC DISTANCE OF 12.82 FEET TO A POINT OF NON -TANGENCY; THENCE N , FOR A, DISTANCE OF 1:0.57. FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF .SAID TRACT "A"; THENCE N 02'11'22W, ALONG WEST LINE OF SAID TRACT "A", FOR A DISTANCE OF 4.79 FEET Tb THE POINT ,OF BEGINNING. Drawing No. 2115-SS-07 imt S EL 34 ?AR SURVEYNPROJECIS 790110.TIN79923 LCGAL DESCRIPTIONS ikentarvial Pnrk,11•DV/970-drp 10,25;21 AN COT PROJECT: rci--rcz) Nrir Lc3,Ls 'SURVEY DATE: N/A CLIENT NAME: CITY OFMIAMI DRAWN BY X. N. DATE: 04-18-2011 BEC ORDER # 03-79923 SHEET 3 OF 3 ,44„... BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700 (896 529 WEST FLAGLER ST, MIAMI FL 33130 WWW.BISCAYNEENGINEERING. COM This Instrument Prepared by and after recordation return to: City of Miami Office of the City Attorney Julie O. Bra, City Attorney Address: 444 Southwest 2nd Avenue, Suite 945 Miami, Florida 33130 Tax Folio #01-4137-039-0010 Reserved for Circuit Court GRANT OF EASEMENT THIS GRANT OF EASEMENT (hereinafter called "EASEMENT"), made this day of , 2011, between THE CITY OF MIANII, a municipal corporation of the State of .Florida, (hereinafter called "GRANTOR"), and MIAMI- DADE COUNTY, a political subdivision of the State of Florida, whose mailing address is c/o Miami -Dade Water and Sewer Department, P.O. Box 330316, Miami, FL 33233- 0316, (hereinafter called "GRANTEE"); WITNESSETR: THAT, the GRANTOR, for and in consideration of thesum 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 fifty -foot wide non- exclusive easement for ingress/egress purposes on the property of the GRANTOR, shown and described on EXHIBIT "A" attached hereto and made a part hereof, (hereinafter called the "FACILITTFS" or "EASEMENT") to construct, install, inspect, operate and maintain sanitary sewage facilities on property owned by the GRANTEE which is adjacent to the easement, with the full right of ingress thereto and egress therefrom on the express condition that it is used for the express purposes provided herein; The GRANTEE shall use the right to ingress thereto and egress therefrom the EASEMENT 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 FACILITTFS 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 installation or maintenance, repair, use or existence of the GRANTEE'S FACILITTES adjacent to the EASEMENT. The GRANTEE acknowledges its liability for torts to the extent provided and allowed under .Section 768.28, Florida Statutes. This indemnification shall survive any cancellation of this agreement. Any contractors utilized by GRANTEE in connection with activities undertaken in connection with the sanitary sewage facilities on the GRANTEE'S property adjacent to this EASEMENT shall: (1) indemnify the GRANTOR and the GRANTEE for the negligence of the contractor and its subcontractors in connection with .any activities undertaken on the Easement Parcel, and (2) obtain and provide to GRANTOR and GRANTEE with a certificate of insurance for commercial general liability on a primary and non contributory basis with limits of at least $1,000,000 per occurrence, $2,000,000 aggregate for bodily injury, including death and property damage, affording coverage for premises and operations liability, contractual and contingent exposures, products and completed operations, and including coverage for personal and advertising injury, and any applicable endorsements in connection thereto. In addition, the certificate must provide coverage for all owned, hired and non owned autos with minimum limits of coverage of $1,000,000, and must also reflect coverage for workers' compensation in accordance to statutory limits for the State of Florida, and a limit of $500,000 for employer liability for each accident, disease each employee and disease policy limit. In addition, the certificate must provide umbrella coverage (excess follow foiiu) with limits of $1,000,000 per occurrence, $1,000,000 aggregate. The certificate must list GRANTOR AND GRANTEE as an additional insured with respect to general liability and auto, and umbrella coverage, and must reflect (30) days on the cancellation provision, except. for non-payment (10) days. 2 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, including but not limited to the right to construct streets, cross and recross said EASEMENT, and the right to erect light or telephone lines or any other improvements which do not hinder the operation, maintenance, repair, or other needed modification of the FACILITIES by the GRANTEE on an ongoing basis. The GRANTEE during the course of installation and future operation of the FACILITIES adjacent to the EASEMENT shall not encroach into the boundaries of the EASEMENT or encroach beyond any other easement that may be granted by the GRANTOR. Should the EASEMENT be abandoned or discontinued by the GRANTEE the EASEMENT shall automatically cease and be surrendered without the necessity of any further action by GRANTOR and the EASEMENT will revert with the right of immediate possession and right of entry to the GRANTOR or its successors in interest. The GRANTOR shall ensure the EASEMENT area will be unobstructed, unlocked at all times, and free from obstacles such as trees, curbs, walls, poles or signs that prevents vehicular access from Biscayne Boulevard to the GRANTEE'S property. 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. Allnotices, 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), return receipt requested, or sent by any form of overnight mail, addressed to: TO GRANTEE: Miami -Dade County Miami -Dade Water and Sewer Department Attn: Director 3071 SW 38th Avenue, 5th Floor Miami, Florida 33146 WITH COPIES TO: Miami -Dade County County Attorney 111 N.W. 1st Street, Suite 2810 Miami, FL 33128 3 TO GRANTOR: City of Miami City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 WITH COP J H S TO: City of Miami City Attorney 444 SW 2 Avenue, Suite 945 Miami, FL 33130 City of Miami Director of Public Facilities 444 SW 2 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 telecommnnicated 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 faun of overnight mail service. Any disputes between the parties under this instrument will be resolved in accordance with the Florida Governmental Conflict Resolution Act, Ch. 164, Fla. Stat., as amended from time to time. If the Grantee records the Easement, Grantee will provide a certified copy of the recorded Easement to Grantor within thirty (30) days of it being recorded. 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 City Clerk shall constitute evidence of approval by the City of Miami. Y OF MIA [,:a municipal corporation of the State of Florida By: Johnny Martinez City Manager ATTEST: Priscilla A. Thompson City Clerk APPROVED AS TO FORM AND APPROVED AS TO ]NSURANCE CORRECTNESS: REQUIREMENTS: Julie 0. Bru City Attorney Calvin Ellis, Director Risk Management Department 5 IN WITNESS WHEREOF, Miami -Dade County, by its County Mayor, or his designee, has caused the easement to be accepted and delivered on this day of , 2011. ATTEST: HARVEY RUVIN, • Clerk of Said Board By: Deputy Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney This Grant of Easement is authorized by Resolution No. R-176-04. Miami -Dade County County Mayor 6 EZTH BIT "A" LEGAL DESCRIPTION AND SKETCH 7 r o> N:E. 9th ST, I et, � � 1 SURVEYOR'S NOTES: N.E. 111h TERR. iD) co r N:E. 11th ST. D I . ' O. _J CD N,E. 10th ST. --1 �G•,i<I 6 �� Sg4 (P.B. 34, PG. 20) / SECTION 31, TWP 53 S., RANGE 42 E. / "JAMES HAGAN DONATION", RANGE E A.K.A. SECTION 37, TWP 53 S., TRACT "A" "MUSEUM PARK" PG.__) TRACT „B„ MUSEUM PARK (P,B.__ PG.__) SITE _ J SOUTH LINE OF TRACT "A" NORTH PROPERTY LINE F.E.C. RR. CO. TRACT (NE. 9th STREET CENTERLINE EXTENDED) r' (A EG `1' S V-� ' ' IN MIAMI-DADE COUNTY THIS MAP IS NOT A SURVEY. FLORIDA - BEARINGS SHOWN HEREON .ARE BASED ON RECORD PLAT ("MUSEUM PARK", AS RECORDED IN PLAT BOOK ___ AT PAGE __ OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA) AND ARE REFERENCED TO THE WEST BOUNDARY LINE OF TRACT A. HAVING A BEARING OF NO2'11'22"W. — T}•IIS SKETCH AND LEGAL DESCRIPTION IS VALID ONLY WHEN ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT. — THIS SITE CONTAINS 4,917 SOUARE FEET OR 0.113 ACRES MORE OR LESS, AS CALCULATED FROM 1HE COURSES AND DISTANCES SHOWN HEREON. t0 SYMBOLS AND ABBREV A TIONS: P.O.C.= POINT OF COMMENCEMENT P.0.5,= POINT OF BEGINNING P.B.= PLAT BOOK PG,= PAGE S.R. = STATE ROAD R/W= RIGHT OF WAY (P)= PER PLAT N.T.S,= NOT TO SCALE = ALSO KNOWN AS = CENTER LINE = MONUMENT LINE COR. = CORNER M.D.C,W.A.S.D. =MIAMI-DADE COUNTY .WATER AND SEWER DEPARTMENT F.E.C. = FLORIDA EAST COAST Co = COMPANY FT = FEET R.R. = RAIL ROAD = CENTRAL ANGLE L = LENGTH R = RADIUS TWP = TOWNSHIP M.A.S. = CITY OF MIAMI ATLAS SHEET BISCAYNE ENGINEERING COMPANY, INC. 529 WEST FLAGLER ST., MIAMI, FL. 33130 TEL. (305) 324-7671 STATE OF FLORIDA DEPARTMENT OF AGRICULTURE LB-0000129 ANDREW D. CONNER; .PSM, FOR THE FIRM, VICE PRESIDENT PROFESSIONAL SURVEYOR AND MAPPER NO. 5995 STATE .OF FLORIDA Drawing No. 2.115-S S-08-1 SEL_1� FAQ T,\SIAVCY\PRDJECTS\79D0Po\79923 LEGAL DESCRIPTIONS Bke"1ovidI Per k\OVG\7992O-U,D LR0/7011 10,3]-0] hN CD7 PROJECT: SK)C�TCF-I 1-CD ACC c r'iF r iY LEGAL ED c F 1PT10NJ SURVEY DATE: N/A CLIENT NAME: CITY OF MIAMI DRAWN BY X.N. DATE: SEC ORDER # 05-19-11 03-79923.. 1 OF 3 ABISCAYNE ENGINEERING COMPANY, INC, TEL (305) 324-76.71, FAX (305) 324-1700 898 529 WEST FLAGLER ST, MIAMI FL 33130 WWW.BIS C AYNEENGINEERING. COM .SHEET. slanstam Era AGOCIM7A z N M a0 0 145.00' GRAPHIC 20 40 SCALE 80 .� ( 1N FEI!T ) 1 inch = 40 f t. 145.00' "JAMES HA,GAN DONATION", A.K.A. SECTION 37, TWP 53 S, RANGE 42 E TRACT "B" _MUSEUM PARK (P.B•___, SW COR. TRACT "B" SOUTH LINE TRACT "B" iN87'46 59' E 142.36 INGRESS EGRESS EASEMENT o w o \ R=244.83, o L=1616'08" r L=69.52' 1 73.88' !; o S67`46'59"W TRACT "A" "MUSEUM PARK" P.O.C. SW COR. TRACT 'IA"' _ _SOUTH LINE OF TRACT "A" NORTH PROPERTY LINE F.E.C. RR. CO. TRACT (NE. 9th STREET CENTERLINE EXTENDED) Drawing No.. 2115-SS-08-1 M: SFL V SARI F.\SVRVEY\PRILICCT5\790001r.\79972 LECAI. DESCRIPTIONS Dli.nteml.l Pork \DVC\79720-R1I.P 5/20/20I1 10.70N7 AN EDI PROJECT: l SKI=TCH TCO P.CCCM/1 NJ LE GlS.L ID GFIP-1- C) SURVEY DATE: N/A CLIENT NAME: CITY OF MIAMI. DRAWN BY X.N. DATE: 05-19-11 BEC ORDER # 03-7992 SHEET_,, , BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, • FAX (305) 324-1700 f 8 9 8 529 WEST FLAGLER ST, MIAMI FL 33130 M.BISCAYNEENGINEERING.COM . SKEW= ELTEG 4000).NELFAMUT LEGAL DESOREPTIGLIT 42 LEGAL DESCRIPTION: A PORTION OF TRACT "A", OF MUSEUM .PARR ,. ACCORDING TO THE PLAT 'THEREOF AS RECORDED IN PLAT BOOK _ AT PAGE _, OF THE PUBLIC RECORDS OF MIAMI'-;DADE COUNT, FLORIDA LYING IN A PORTION OF "JAMES HAGAN DONATION", ALSO KNOWN AS SECTION 37, TOWNSHIP 53 SOUTH AND 54 SOUTH; RANGE 41 EAST AND 42 EAST, MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS roi.co.ws COMMENCE AT SOUTHWEST .CORNER or SAID TRACT -"A"; THENCE NORTH 0211'22' WEST, ALONG THE WEST LINE OF SAID TRACT 'A", FOR A DISTANCE' OF' 98.45 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND;"THENCE CONTINUE NORTH 02'11.'22" WEST,: ALONG THE WEST LINE OF SAID TRACT "A" FOR A DISTANCE OF 50:00 FEET TO THE SOUTHWEST CORNER OF TRACT OF MUSEUM PARK, ACCORDING TO THE PLAT THEREOF, AS -RECORDED IN PLAT BOOK _ AT PAGE-, OF THE PUBLIC RECORDS OF M1AMI-DADE • COUNTY, FLORIDA:- THENCE 'NORTH 87'46'59"-E7AST, ALONG THE SOUTH LINE OF SAID TRACT "B", FOR A DISTANCE OF 142:36 FEET TO THE POINT OF INTERSECTION WITH A NON -TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHWEST, HAVING AS ITS ELEMENTS A RADIUS OF 244.83 FEET AND -A CENTRAL ANGLE .OF 1616'05", THE CENTER OF WHICH BEARS NORTH 18'59!40" WEST FROM SAID POINT OF INTERSECTION; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 69,52 FEET; THENCE SOUTH D2!,13'014' EAST, NON -TANGENT TO THE LAST DESCRIBED CupvE, FOR A DISTANCE OF 39:59 FEET; THENCE SOUTH 87'46'59'1 WEST, ALONG. A LINE WHICH IS 50.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID .TRACT "B", FOR A DISTANCE OF 73.85 FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF SAID TRACT "A", SAID POINT ALSO BEING THE POINT OF BEGINNING. Drawing No..2.M-SS-08-1 MUSEITV ARK. l',SINVEYNPRUJECTS,770,30.ck77023 LEGAL DESCRIP11UNS 111ccitten4el Park\ 4VG\79923.11.thp 5/70/2011 100343 AN EGT PROJECT: <mcF-i -T-C) A.C.CC) DcFJmIcDNJ SURVEY DATE: N/A CLIENT NAME: CITY OF MIAMI DRAWNBY DATE: , _ 05-19- BEC ORPRIt , _ SHEET ............................ BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324=1700 " • f898 529 WEST FLAGLER ST, MIAMI FL 33130 WWW.BISCAYNEENGINEERING. COM