HomeMy WebLinkAboutExhibit 107-PE.13
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
1000 N.W. 1116 Avenue
Miami, Florida 33172
March 27, 2012 - NE
Parcel No. : 800.1
Item/Segment No. : 4284802
Managing District : 6
PERPETUAL EASEMENT
THIS EASEMENT Made the day of , 20 , by THE CITY OF MIAMI, a
municipality of the State of Florida, ("GRANTOR"), to the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, its successors and assigns,("GRANTEE").
WITNESSETH: That the GRANTOR for and in consideration of the sum of One Dollar and other valuable
considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the GRANTEE,
its successors and assigns, a perpetual easement for the purpose of constructing, maintaining and widening the corner's
radius return, which will involve reconstruction of the curb and gutter, and sidewalk and curb ramps. It will also
involve installation of drainage, relocation of an existing light pole, and installation of a new mast arm and associated
wiring, conduits, and pull -boxes, ("FACILITIES"), to be performed at no cost to the GRANTOR, in, over, under, upon
and through the following described land in Miami -Dade County, Florida, viz:
PARCEL 800: F.P. No. 428480-2
Being a portion of Tract A of MUNICIPAL SHOPS TRACT, according to the plat thereof, as recorded in Plat
Book 52, Page 14, in the Public Records of Miami -Dade County, Florida, lying in the Northeast one -quarter ('/) of
Section 35, Township 53 South, Range 41 East, and being more particularly described as follows:
COMMENCE at the Northwest corner of said Northeast one -quarter ('/) of Section 35, Township 53 South, Range 41
East, said point being the intersection of the Baseline of Survey of State Road 933 (NW 12th Avenue) with the
Centerline of NW 20th Street, as shown on the Florida Department of Transportation Right of Way Map for said State
Road 933, recorded in Road Map Book 112, Page 83 on 04/29/1982; thence N 87°48'07" E, along said Centerline of
NW 20th Street and the North line of aforesaid Northeast one -quarter ('/) of Section 35, Township 53 South, Range 41
East, 59.50 feet to the intersection with the northerly prolongation of the East right-of-way line of said State Road 933;
thence S O 1 °24'27" E, along said northerly prolongation, 35.54 feet to the intersection with the South right-of-way line
of aforesaid NW 20th Street, as shown on aforesaid Right of Way Map of State Road 933, said point being the POINT
OF BEGINNING of the following described parcel:
Thence continue S 01°24'27" E, along the East right-of-way line of State Road 933, a distance of 23.82 feet; thence N
88°35'33" E 5.57 feet to the beginning of a non -tangent curve concave to the Southeast, having a radius of 37.00 feet, to
which point a radial line bears N 63°50'54" W; thence northeasterly along the arc of said curve 39.81 feet, through a
central angle of 61°39'O1"; thence N 02°11'53" W, radial to lastly described curve, 5.00 feet to the intersection with
aforesaid South right-of-way line of NW 20th Street; thence S 87°48'07" W, along said South right-of-way line, 32.64
feet to the beginning of a curve concave to the Southeast, having a radius of 25.00 feet; thence southwesterly along the
arc of said curve 5.20 feet, through a central angle of 11 °55' 11 ", to the POINT OF BEGINNING.
Containing 476.0 Square Feet of land, more or less.
DD/CG/01 /24/2012
Rev. DD/CG/03/27/2012
� - 995
AS SHOWN ON EXHIBIT "A", ATTACHED HERETO AND TO BE MADE A PART HEREOF
The GRANTEE shall regulate the installation.and future operations and maintenance of the FACILITIES so as
not to conflict with normal operations of the GRANTOR or its licensees, agents, successors, and assigns; 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.
GRANTEE shall require its Contractor to maintain, at all times during any work to be done in the
Easement, Contractor's Public Liability Insurance providing for a limit of not less than $1,000,000 for all
damages arising out of bodily injuries to, or death of, one person and, subject to that limit for each person, a
total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in
any one occurrence; and regular Contractor's Property Damage Liability Insurance providing for a limit of not
less than $50,000 for alldamages. arising out of injury to, or. destruction of, property in any one occurrence
and, subject to that limit per occurrence, a total or aggregate limit of $100,000 for all damages arising out of
injury to, or destruction of, property during the policy period, or in policy limit amounts as amended from
time to time and/or in accordance with the requirements for the project that is the subject of this Easement.
GRANTEE shall further require that GRANTOR and GRANTEE be named as additional insured. At least ten
(10) business days prior to the commencement of the any work performed in the Easement, proof of such
coverage shall be provided to GRANTOR by furnishing the insurance certificates to the City of Miami Risk
Manager, 444 SW 2nd Ave., 9th Floor, Miami, Fl. 33130-1910. No work can be commenced until the
GRANTOR's Risk Manager has approved such insurance, such approval not to be unreasonably withheld or
delayed. Grantee shall also require its Contractor to provide Workers' Compensation Insurance in accordance
with the laws of the State of Florida and in amounts sufficient to secure the benefits of the Florida Workers'
Compensation Law for all employees.
GRANTEE is a state agency, self -insured and subject to the provisions of State Statute 768.28, Florida Statutes.
Nothing in this Easement shall be deemed or otherwise interpreted as waiving the GRANTEE's sovereign immunity
protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. Subject to the limits
of liability of 768.28, Florida Statutes, GRANTOR will indemnify the GRANTEE from civil actions, claims, damages
and liabilities for personal injury and property damage arising from the negligence of the GRANTOR.
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. Notice shall be provided via
electronic transmittal (email) to the GRANTOR to the following: City of Miami, City Manager, with a copy to City of
Miami, Director, Department of Capital Improvements Program, and to the City Miami, Director of Public Facilities.
All other communications between the parties arising out of this Easement shall be sent by certified mail, return
receipt requested, to the addresses listed below, or such other address as the parties may designate, and further
confirmed by e mail or via fax:
As to GRANTOR:
City of Miami
Director of Public Facilities
444 SW 2"d Avenue, 3rd Floor
Miami, FL 33130
As to GRANTEE:
State of Florida
Department of Transportation
1000 N.W. 111`h Avenue
Miami, Florida 33172
The GRANTEE shall be responsible for any damage to adjacent property resulting from any construction activities of
the GRANTEE within the Easement, and GRANTEE shall cause the same to be repaired and/or restored to the same or
similar condition which existed prior to such construction activities.
During the course of installation, future operation and/or maintenance of the FACILITIES, the GRANTEE shall
not encroach beyond the boundaries of the EASEMENT unless authorized in writing by the GRANTOR. Should the
EASEMENT be abandoned or discontinued by law or otherwise, or GRANTEE determines that such EASEMENT is no
longer of use for the stated purposes provided herein the said EASEMENT shall automatically cease and revert with the
right of immediate possession and right of entry to the GRANTOR, without the necessity of instituting any civil or
administrative proceedings, or its successors in interest, in which event GRANTEE may leave the FACILITIES in
place.
Should the GRANTEE allow another entity or SUB -GRANTEE to use the FACILITIES in connection with this
EASEMENT for a use other than for, or in connection with, the transportation use authorized hereunder, the GRANTEE
must first receive written approval from the City Manager of the City of Miami, which approval may be denied,
withheld or at the election of GRANTOR, conditioned upon the payment of monetary consideration to the Grantor.
The GRANTEE agrees to restore to a good condition reasonably acceptable to the GRANTOR and at GRANTEE'S
sole cost and expense, any damage to the PROPERTY or the FACILITIES, or any areas used by GRANTEE'S agents
for ingress and egress thereto, caused as a result of the construction, use operation and/or maintenance of the
FACILITIES by the GRANTEE or its construction contractor, except for any damage caused by the sole negligence of
GRANTOR. Upon GRANTOR's request, GRANTEE shall inspect the PROPERTY and FACILITIES in order to
determine the type and nature of repair or restoration work, if any, that may be required to be performed. Any repair or
restoration work shall be done to bring the PROPERTY or FACILITIES to the same or similar condition which existed
prior to any such damage thereto.
The GRANTOR does hereby fully warrant that it has good title to the PROPERTY and that it has full power
and authority to grant this EASEMENT.
TO HAVE AND TO HOLD the same unto said GRANTEE, its successors and assigns forever, together with
immunity unto the said GRANTEE, its successors and assigns from all claims for damage, if any, arising from or
growing out of such construction and/or maintenance to the lands, if any, owned by the GRANTOR, lying adjacent or
contiguous to the lands hereinabove described and the GRANTOR will defend the title to said lands against all persons
claiming by, through or under said GRANTOR.
IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be executed in its name by its
Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written.
ATTEST: CITY OF MIAMI, a municipal corporation
of the State of Florida
By:
Priscilla A. Thompson, City Clerk Johnny Martinez, P.E.
ATTEST: City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM
REQUIREMENTS: AND CORRECTNESS:
By: By:
Calvin Ellis, Director
Risk Management
STATE OF FLORIDA
COUNTY OF
Julie O. Bru
City Attorney
The foregoing instrument was acknowledged before me this day of 20 ,
by , Mayor, who is personally known to me or who has produced
as identification.
(Signature of person taking acknowledgment)
(Type, print or stamp name under signature)
Title or rank and serial number, if any:
EXHIBIT "A"
I.ECis:L []ESCIVRTJON - PARCEL S00:
Being a port'on of Tract A of MUNICIPAL SHOPS TRACT: a+_corning to the plat thtL'cul, us recorded
In Plitt Lnuak 52. Page 74, in Lhe Public. AFrnrds r,f Miarni-bade County, Florida, lying in the Northeast
une-quarts (i_► of 5e.cticn 35, Township 53 South: Range 41 East: and being more particularly
dE.•;.rib'ed as -alit ;rrs,
COMMENCE at the Northwest Cr-,rrc'„I said Northe s1 tine -quarter 5ert.gn 3.5, To'n'rship 53
South,. Rang^' 41 East, said edirtt being the intersecti•or a` the Baseline of Survey 'tf State Road 1333
NW 12th Avenue) with the CciAc lirrc re( F1Vd 26th Stree., as shown on the Flaririd Department of
Transpnrratinn Right of 'h`a ;' Mao for caId State So:10 933, recorded in Rod Map Bout; 1. 1, Paje •53 on
04129/1 98; ; thence f'J 87'48'07" E, along said Centerline of NtiV 20th SLrCC.I and Llic No-tb line of
afore .aid Elcrtheav- one quarter (y_} of Section 35, Township 53 South, Range 11 East, 59,51 feet to the
intersection with tn.?. nor'trrerly prulr_n'1gaLiun Of Lhe Cyr:t right -ref -way linE of .a d Stare Road 933; thlencc
S 01'24'27'• Er a''Jtng snII1 rrancerly prolongation: 35.54 feet to the Inter- Ectlnn 'Mtn the South
right-of-way line of aforesaid NW 20th Street, a5 5fro1'PIl on aforesaid Right of lira),' Map of State. Road
933, S2 ifi point tieing the P0111T OF 13FG1NN1NG of ; he Vino/Nino described parcel:
Thence continue 5 01'24'27" E, along Lars East right -of -may line of State Road 9.33r a distance of
23,82 feet: thence N 8-8'35'33" C 5.5Y feet to .h{ beginning or n non -tangy it r.urvr can,^av€ to the
southeast, having a ra3ditis of 37.00 feet. to 'n'hIth point a radial Illle bears Nl 63`50 54" W; thence
northeasterly' aliny I_he arc of said carve 39.33 feet, through a central angic of f;1`_9'01"; thence
i'J C'2 J 1'53' 'okl, radial to last'y described cunde. 5.0e fEEt to the intersection 'filth aforesaid South
right -of -!tray line of NW loth Street: thence 5 87'�79'.37' W, along said SuuLtr right-of-wey ine, 32.64
feel Lc• the beginning of a curie concave to the Southeast, having a racl!.Js of 25.00 here
suuth'rvesletlf' alono the arc of said curve 5.20 feet; through a central angle of 11"55'11', Lo Lhe PUNT
OF BEGENNlri€.
Containing 4715 0 S,qunre Feet of lani1, more +'r less.
GENER..A '•10TES;
- This Sketch is. hot a Sur-...ey
- Repr-odict'cris of trlis, rriep are not valid . ittiout the signature Ealii r iyin�l
rai.5ed seal of the Florida Licensed -;ur:.P,_.yrnr and Mar_ipe: in responsible
charge.
Th._ Eerirlreys SI',oven hereon art referonced to the Baseline of at,nrey of State
Ro ci 933 ;N'' 12TH AVEt4[1Fi, hrrvirict a oear'rIG of N I011` '-'27' W. as shown
ton the Fie ida LFoaa'tmer:t ur Trarl :perta:ic ri Prnjecr hc'twork: Control rcr Saki
5L•aLe RiJ8d 933, c')r1pleted or 03; 10 2O1J h rytk ns North ATterica, Inc__ fur
Pro;;cLL No. 42E4E0.7.
The data' rased ICI the calculation .erns preparation r•.f the Iegt.I de.striptior was
provided by the rpo*I Project Mananer for :said Project No. 42849C-2_
• The Frophsed 7_oned 3tret Line. pLr Plat Cook F.+3, Page 14, as sh.cwii IteCebn
was reir,g'' d and extinguished by City of Mlarii Capri dated 09r2ct 190 ,""
recor•drjd in Cfficio' Record Book I f281, Paue 953.
- Additions an:(or 0raletiuns Lo sur.'r:y maps, sketch: er-,report^ by,-5ny ,R�t$y
other than the shining pitrL_,' are prr.hii;ited with -out i 3irItten CC7r1 P)l1r if .
Lhe signing perry,
ooCurne't tors srs of zero i:41 sheets
a d shall not :c :c•-.sidered full, 'milli,
a d •sorrlple a urle_s eac) street i a:tap_I1ec
ta, t'1r' ''the',
t';'LrA2_
%fiR,l'.}�iA R. lj4,11.13/.. e •sir,;,..:ti - : i LATE
PRCFFEil
' SIQNAL 5.1JRS4 'fir{ -Atfr] PAPPER
FLrO•R.If9 CERTIF[1: AT-5 '1C3!,t.EC41.1`,,'
rtaFt[DA DEPARTMENT OF TRANSPORTATI1:..V.1
SKETCH TO ACCOMPANY LEGAL DESCRIPTION -
STATE ROAD NO.
FI Ar•1[-Ds,DE COUr4Tr'
rn :; r,- • :'
r 'n Dt:E'.Ib
Lne_Keo '_c r'o:
rrtu,c_er
r_u:." GI_.TR::T
E CFiv=Fl. War -
I-.F' &CJ. 4284E-0-2
MEET 1 Of
PARCEL NO.
OWNER'S NAME
PARCEL AREA
REMAINDER l
1-CIMMFNT
800
C1T' OF P+tlt4ftiil
478_0 Orr. FT.
3.23 .ACP.F 1
This d•s.:un epnt ec'nsiats • f two '2I
shr_r(s •erid sha II r1 I t7G'-01i1'18ri-d
lal un1i1i, ,ir•d comp lrE urI ; ._-:ar-
!-:heGt attach'a.i t, tha Dticr.
215
EXHIBIT "A11
216
-g:rP.Y.-;5, RGE.41t
217
0= =,IJR.`L-:
STATE ROAD 933
(NW 12TH AVENUE)
)F,K-Ir''LAI 101 IINF
-'—F :EST. F.2,ST R,I TNF
IRANSFEREi. C TC' FDOT
PER. R.[GF-T O 'Y,/;'( MA,P
SE:TON 57E 0-1.37 1:271) 5)
RECCRDED ]N R.D .D P-1.A.P
P,71{1}: 112 PC_. FM (]F,
TRACT A
5 01`24'27
23_S2'
215+5{f,Tli
59,50' RT ` 'k
N U1"21'2
Prthti OF
BEGTNN1N±.
215--74.52'I
59_ 50' RT
'E
14 38°35'33" E
5. = 7'
L-30.B1'
.6=61"3y'01"
ff
z15+76.53 �
97.35' RT /
hJ 02°11'53" LV—;
5,00'
FRflPFJSFC- ; LJNFD :,TF.FFT I TN =
PER P.M. 52, PG. 11 '*: 30'
MUNHCIPAL SHOPS TRACT ,t
P.B. 52, PG. 14
�I r
S O1'24'27" E
35.54'
csk
1= 25,Oi
A=1 1 "55' J P
\`-5 87'48'07" 1,'1
:.2,44'
\Z15+7S,50
97.30' RT
z
T
35'
1331:115 H1O MN
N 02°24'27" ter
POINT CF COMME T
P.I. STA. 216-r/11
r
PIW CDRNER OF NE },'r °
CIF SELI [ON 35-53-41
R=5.V0'
L:4'..1,4 . R.."01 Llf•]
I. Et ,E N D:
- Ba.�Alir,F
- curve Delta .angle
P r_I
[rn;ifir�tion
FJUmrcber
[)UST. - ExisLinra
I I uc?I - F-Iorkia Oep•_rltrnent
or Tran5['or<atirc•rl
F.P. - Fir1. rb_ial Praje[t
L L'2ncjth
NO, - hiurr1er
P.B. - Plat Fi-r4
PG_ - Paige
F _l. - Polht GI [nLerseLlion
R- Radius
R.GE, • Range
RT - Right
PonN - Right'-of-Virav
;EC_ -
STA. - St3:iarti
T'�hi P - Township
m
IL''
15 3 0
60
Scale_1"=3
0
FLORIDA DEPARTMENT JF
TRANSPORTATION
iSKETCH TO ACCOMPANY
LEGAL DESCRIPTION
STATE ROAD NO_ y_
rrai` r, rl
•I 1'- 4'11 [Id•'
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•:HEC<Q. ...f!•:u
MIRM1-L}ADE COUNTY
°s ce:ven:r uVi. OF. '11_:r
-_P- NO. 474144•2
5E':.i'[^r'J 37133:
SKEET 2.or 2