HomeMy WebLinkAboutExhibit 1Tax Folio Number: 01-3132-000-0090
Agmt ID: 20493
GRANT OF EASEMENT
THIS INDENTURE, made this day of , 2013,
between, City of Miami, A MUNICIPAL CORPORATION , whose mailing address is,
444 SW 2ND AVE, 10`h FLOOR, MIAMI, FL 33130, 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,
Florida 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, privilege and easement to
construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve,
remove and inspect water transmission and distribution facilities ("FACILITIES") and all
appurtenances thereto, including but not limited to, fire hydrants, and/or sewage
transmission and collection facilities and all appurtenant equipment, which right,
privilege and easement shall include the right to remove or demolish, with no obligation
to repair or replace same, any obstructions placed on the easement, including pavers,
or 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. This right,
privilege and easement also provides GRANTEE with full and unlimited right of ingress
thereto and egress therefrom on the property of the GRANTOR described as follows, to
wit:
See Exhibit "A" attached hereto and made a part hereof
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 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 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 the EASEMENT area at minimum to its existing grade and sod.
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 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.
Page 1
THE GRANTOR does hereby fully warrant that it has good title to the above -described property and that it has full power and
authority to grant this easement.
IN WITNESS WHEREOF, the GRANTOR by its proper officials has hereunto set its hands and seals the year and day first above
written.
ATTEST: CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE
STATE OF FLORIDA
By: By:
Todd Hannon, City Clerk Johnny Martinez, P.E., City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
By: By:
Calvin Ellis, Director Julie O. Bru, City Attorney
Risk Management Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of , 2013 by Johnny Martinez, P.E., as
City Manager, and Todd Hannon, as City Clerk, of the CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF
FLORIDA, on behalf of the corporation. He/She/They is/are personally known to me or have/haven't has/hasn't produced
as identification and did/did not take an oath.
NOTARY PUBLIC SERIAL NUMBER
PRINT NAME
This instrument prepared by
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33233-0316
Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
Page 3
LOCATION MAP
A PORTION OF THE NE 1/4 OF THE NE 114 OF
SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST
MIAMI-DADE COUNTY
NOT TO SCALE
EXHIBIT "A"
S8=2009-571
FOLIO: 01-3132-000-0090
NW BTH Si
NW 42ND A
SITE
NOTES:
• _"THE MINIMUM VERTICAL CLEARANCE OF THIS
EASEMENT IS TWENTY FIVE (25) FEET ABOVE
GRADE. THE SIDE LINES OF THIS EASEMENT TO
BE SHORTENED AND/OR LENGTHENED, AS
NECESSARY IN ORDER TO FORM A CONTINUOUS
STRIP OF LAND"
_ THIS EASEMENTS STRIP FORM A CLOSED
GEOMETRIC FIGURE,
Tu16 16 NOT A BLRVE-'Y.
2 BEARINGS 6143WN S-EMSOt•1 ARE BASED ON AN ASSLRME° NISRIDIAN ALONG
THE =T47 t'E UN- OF N.W. 37h1 AVBJ_E. 6OI'8742W AS 5147Y'1
pev�+as,
IIENIGNO J. SUAIU Z
LAND SURVEYOR &MAPPER
4 70&W.182ndPATB, MGM, FLORIDA 331BU
1,114e6)997.9919 • Emalbbenysnerernisn,eoni,
NW 21ST ST
NW 14TH ST
NW 37TH AV
s
N/W19THTEd
NW 19TH ST ,t8
NW 18TH TE z
NW 18TH ST
IOW 17TH ST
NW 16TH TE
NW 16TH ST
NW 15TH ST
NW 14TH TE
_Th)
ABBREVIATIONS
SYMBOL
DEFINITION
c_
R/W
P.O.B.
P.O.C.
P.O.T.
O.R.B.
CENTERLINE
PROPERTY LINE
RIGHT-OF-WAY
POINT OF BEGINNING
POINT OF COMMENCEMENT
POINT OF TERMINATION
OFFICIAL RECORD BOOK
PB,
PG,
MELREESE GOLF TRAINING CENTER.•
15' MDWASD SEWER EASEMENT
LOCATION MAP
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EXHIBIT "A"
A PORTION OF THE NE 1/4 OF THE NE 1/4 OF
SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST
MIAMI—DADE COUNTY
LOT 214
"GRAPELAND
HEIGHTS
2nd SECTION"
(PB 17-14)
R/W
m
M
25.0'
CO
z
N.W. 37th
(DOUGLAS
901'57'42"E
(BASIS OF BEARING)
POINT OF COMMENCEMENT
INTERSECTION OF CENTERLINE
M TERRACE OF NW 18th AND
CENTERLINE OF NW37th AVENUE
S88°02'18"W
7.99'
25.0'
w
U
W
CC
AVENUE
ROAD)
S01'57'42"E
21.50' _
R/W
WEST R/W LINE OF
NW 37th AVENUE AS PER
CITY OF MIAMI ATLAS
SHEET 27—D (R=2864.79')
EASEMENT
CENTERLINE
POINT OF
TERMINATION
NOT SUBDIVIDED
(A PORTION OF THE NE1143O 1 THE
NE 1f /4 OF SECTION
JOB •
L -FRS JS NOT A &L.RVEY.
BEARINGS $ 4c WN I-EP 4 APE BASEb ON AN ASSIk,ED Nt RIDIAN ALONG
hE CENTERLINE LINE Op NLVW, 3TB AVEN..E, &OI157421J AS•9NOWN •
BENIGNO J. SUAREZ
LAND SURVEYOR 8i MAPPER
If70S.W 102ndPATH, MIAAMj, FLORIDA 33186
P111303J807.6319 Eme It banysuereznwn,com,
00
.64
0
CO
V)
LOT 213
"GRAPELAND
HEIGHTS
2nd SECTION"
(PB 17-14)
— --R/W
0
M
EAST LINE OF
THE NE 1/4 OF
THE NE 1 /4 OF
SECTION 32-53-41
POINT OF
BEGINNING
MELREESE GOLF TRAINING CENTER
15' MDWASD SEWER EASEMENT
PLAN
PC
CURVE LINE
R=2864.79'
BEN I EZ
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L 6N. LS e667
OUT OF FLO69A
0
M
R/W
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EASEMENT
LEGAL DESCRIPTION
EXHIBIT "A"
A portion of land lying in the N.E. 1/4 of Section 32, Township
53 South, Range 41 East, Miami —Dade County, Florida; a 15
feet Sewer Easement for Miami —Dade Water & Sewer
Department, centered on the following centerline, more
particularly described as follows:
Commence at Intersection of the Centerline of N.W. 18th
Terrace and the Centerline of N.W. 37th Avenue (Douglas
Road); thence, run along said Centerline of N.W. 37th Avenue,
that is also the East line of the N.E. of the N.E. 4 of
Section 32, Township. 53 . South, Range 41 East of the Public
Records of Miami —Dade County, Florida, S01 °57'42"E for a
distance of 21.50 feet to a point; thence S88°02'18"W for a
distance of 35,07 feet to a point on a circular curve concave
to the West, whose radial bearing bears North 87°37'52" East
from its radius point and having a radius of 2,864.79 feet; this
curve line is the West Right of Way Line of said N.W. 37th
Avenue, and this point is also the POINT OF BEGINNING of said
centerline of a 15 feet Sewer Easement for Miami —Dade Water
& Sewer Department; thence, run along said Centerline,
S88`02'18"W for a distance of 7.99 feet to the POINT OF
TERMINATION, containing an area of 120.00 square feet, more or
less.
This Easement is limited at the East by said West Right of Way
Line of N.W. 37th Avenue.
VJTF
L 1NIS SNOT A SUtVEY.
2 6F_ARINGS SdOWN I-EMON ARE BAS:D ON AN ASSLP.1EEn WOMAN ALONG
• 11-E Oe*JTS2LME LINE OP N.W. 37T1-1AV9J..E, BOI.374TYJ AS SHOWN.
ND. NUM Ca tebt
BENIGNO J. SUARI Z
LAND SURVEYOR & MAPPER.
41708.W.152nd PATH, Ft1AM1,,FLOSIDA SSW
PM:(30)8074312 6molkbenysuoret@gfsmeony
MELREESE GOLF TRAINING CENTER
15' MDWASD SEWER EASEMENT
LEGAL DESCRIPTION
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