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
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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
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NORTHERLY LINE N,
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"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"
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N- NORTH PROPERTY LINE F.E.C. RR. CO. TRACT (NE. 9th STREET CENTERLINE EXTENDEZ
Drawing No. 2115-.SS-07
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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
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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
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34
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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
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N:E. 9th ST,
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SURVEYOR'S NOTES:
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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
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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.
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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
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F.\SVRVEY\PRILICCT5\790001r.\79972 LECAI. DESCRIPTIONS Dli.nteml.l Pork \DVC\79720-R1I.P 5/20/20I1 10.70N7 AN EDI
PROJECT:
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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