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HomeMy WebLinkAboutExhibit 1This Instrument Prepared by and following recording please return to Company: City of Miami Office of the City Attorney Julie O. Bru, City Attorney Address: 444 Southwest 2nd Avenue, Suite 945 Miami, Florida 33130-1910 GRANT OF EASEMENT Reserved for Circuit Court THIS INDENTURE, made this day of , 2013, between THE CITY OF MIAMI, 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"); WITNESSETH: THAT, the GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations, the receipt of which is hereby acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE, its successors and assigns, forever, the right and privilege of a non-exclusive water and sewer 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 expand, construct, install, operate and maintain water and sewer facilities, including the purposes of expanding the existing pump station, with the right to reconstruct, improve, change, and remove all or any of the facilities lying 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. Subject to the limitations of Section 768.28, Florida Statutes, 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 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 EASEMENT. Any contractors utilized by GRANTEE in connection with activities undertaken in connection with this EASEMENT shall: (1) indemnify the GRANTOR and the GRANTEE for negligent, willful or intentional acts or omissions 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 a certificate of insurance in accordance with Exhibit "B". The certificate must list GRANTOR and GRANTEE as additional insureds with respect to the general liability and auto, and umbrella coverage, and must reflect thirty (30) days on the cancellation provision, except for non-payment ten (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 hinderthe operation of the FACILITIES by the GRANTEE on an ongoing basis. 2 The GRANTEE shall be held responsible for any damage to adjacent property as a result of the installation and future operation of the FACILITIES, and further, shall restore all pavements, sidewalks, curb and gutter, existing utilities, and landscaping to a condition acceptable to the GRANTOR. Provided however, the GRANTOR shall not allow any encroachments or obstructions on the EASEMENT without GRANTEE'S prior written approval. Further, the GRANTEE shall have the right to remove or demolish, any encroachments or obstructions placed on the EASEMENT , including but not limited to pavers and ornamental concrete, or any encroachments or obstructions that may extend up to twenty-five (25) feet vertically above the finished grade over the EASEMENT as may be necessary to carry out any right Granted herein. Should the GRANTEE allow another entity or SUB -GRANTEE to 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 during the course of installation and future operation of the FACILITIES shall not encroach beyond the boundaries of the EASEMENT or any other easement that may be granted by the GRANTOR. Should the EASEMENT be abandoned or discontinued by law or otherwise, or no longer of use for the purposes provided herein of if the GRANTEE does not comply with any term, covenant or condition of this instrument, the said EASEMENT shall cease and revert with the right of immediate possession and right of entry to the GRANTOR or its successors in interest. Should the GRANTEE fail to complete the improvements, the GRANTEE shall remove any partial or incomplete FACILITIES. 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 ofovernight mail, addressed to: TO GRANTEE: Miami -Dade County Department of Water and Sewer P.O. Box 330316 Miami, Florida 33233-0316 TO GRANTOR: CITY OF MIAMI City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 WITH COPIES TO: City Attorney City of Miami Office of the City Attorney 444 SW 2 Avenue, Suite 945 Miami, FL 33130 Director of Public Facilities City of Miami Public Facilities 444 SW 2nd Avenue, Suite 326 Miami, FL 33130 Director of Public Works City of Miami Public Works Department 444 SW 2 Avenue, 8th Floor 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 ofovernight mail service. Any disputes between the parties under this instrument will be resolved in accordance with the Florida Govermnental Conflict Resolution Act, Ch. 164, Florida Statute as amended from time to time. 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, P.E. City Manager c ATTEST: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney Calvin Ellis, Director Risk Management Department This Easement requires the approval of the Miami City Commission. 5 EXHIBIT "A" LEGAL DESCRIPTION AND SKETCH i ' S03G' 35.00 ._. -•.._. iN©5S! N9 E' 7 Nf155109 E"� i I� EXHIBIT 'A' MIAMI—DADE COUNTY SEC. 16-54-41 CKARL£S G. TOUSEY £5TA7P - °,9. PD. 1-151 TRACT '5' LEGEND r/1/_L 2 P.O.B. P.O.C. u !a, 4f I'''' , " / /I; (1-t,1) sl.os' S89JU Q•�fO.Od'--- LINE._ IVY( - • „-------- �o NO4'I %'I l "W . _ ,. 585:5109 "1N,.y, . _ V-. 28. J2 ' _ -__5 .. Pl. GORNG77,.. Agi, ¢,_, 5.11/4,, SEC. fG'-54-41 • SECTION LINE MONUMENT LINE RIGHT -OF -NAY LINE EASEMENT LINE EASEMENT AREA POINT OF DEUINNINC POINT OF COMMENCEMENT 4l89'51'40" R-25' )124.94' L.'39.21' LEGAL DESCRIP'CTON: A PORTION OF TRACT "5" OF "CHARLES C. TOUSEY ESTATE" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 AT PAGE. 151 0F THE PUBLIC RECORDS OF MIAMI-DAOE COUNTY, FLORIDA; B13NO MORE PARTICULARLY OESGRIBEO AS FOLLOWS: COMMENCING ON THE SOUTHWEST CORNER, WW1/4, SW1/4 OF SECTION 16; THENCE.. t104'17'l1"W FOR 177.50 FEET ALONG THE WESTERLY SECTION LINE OF SAID SECTION 16, TWP. 54S., RGE. 41E.; THENCE N85'51'09"E FOR 35.00 FEET TO THE EAST RIGHT -OF WAY OF S.W. 37 AVENUE TO THE POINT OF BEGINNING; THENCE CONTINUE N85'51'00"E FOR 50.36 FEET; THENCE S48'48'33'E FOR 80.51 FF..ET; THENCE 541'11'08"W FOR 13.85 FEET; THENCE S48'48'52"E FOR 125.17 FEET; THENCE 585'51'00"W FOR 28.12 FEET ALONG THE NORTH RIGHT-OF-WAY OF S.W. 28 STREET; THEIJCE 1448'48'52"W FOR 100.77 FEET; THENCE 504'17'11'E FOR 78.07 FEET; THENCE S85.51'09"W FOR G1.OG FEET ALONG THE NORTH RIGHT-OF-WAY OF S.W. 28 STREET; THENCE 1.104'17'11"W FOR 10.00 FEET TO A POINT OF A CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS 0F' 25.00 FEET, A CENTRAL ANGLE or 89'51'40', SUBTENDED BY A CHORD HAVING A LENGTH OF 30.21 FEET 70 A POINT OF TANGENCY; THENCE N04'17'11"W ALONG THE EAST RIGHT -OF- WAY OF S.W. .37 AVENUE FOR A DISTANCE OF 127.56 FEET TO THE POINT OF BEGINNING, CONTAINING 15,063.70 S0. FL, .OR 0.37 ACRES MORE 0R LESS. CORDtRO, P,S,N, nal Surveyor and Mapper Takla - License No. 6814 JcunrffjjRd Miami, FL 33146 Aso (766) 2U -5326 Dote NOT VAUD TITI1011T TUB R13NATURD AND T11R 0R101NA4 RAISKO SNAL DP A UCENRRD FLORIDA SURVEYOR AND 11APPRR THIS 1S NOT A BOUNDARY SURVEY EASEMENT F012 M-D,W.A.S.D. FOR ACCESS TO PUMP STATION 1.1 hf1AMI-DADE COUNTY, PLOIIIDA MIAMI-DADE WATER AND SEWER DEPARTMENT DATE: JANUARY 0, F301.2 SCALE: N.T.S. DRAWN B?: E.J.P. 8-180 1 6 S. W. 28 ST. EXHIBIT "B" INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE (GRANT OF EASEMENT MIAMI DADE COUNTY/WATER & SEWER) I. Commercial General Liability Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 Endorsements Required City of Miami listed as an additional insured Miami Dade County listed as an additional insured Primary Insurance Clause Endorsement Contingent and Contractual Liability Premises/Operations Liability Explosion, Collapse and Underground Hazard II. Business Automobile Liability Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned/Scheduled Including Hired, Borrowed or Non -Owed Autos Any One Accident Endorsements Required City of Miami listed as an additional insured Miami Dade County listed as an additional insured Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation 7 $1,000,000 III. Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Policy (Excess Follow Form) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 Aggregate $1,000,000 City of Miami listed as an additional insured Miami Dade County listed as an additional insured The above policies shall provide the City of Miami and the southeast Overtown Park West Community Redevelopment Agency with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above. The company must be rated no less than "A-" as to management, as to the management, and no less than "Class V" as to financial Strength, by the latest edition of Best's Insurance guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by risk Management prior to insurance approval. 8