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Home My WebLink AboutExhibit 1This Instrument Prepared by Company: City of Miami Office of the City Attorney Julie O. Bru, City Attorney Address: 444 Southwest 2nd Avenue, Suite 945 Miami, Florida 33130 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 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 water reclamation facilities, and all appurtenances thereto, 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; 41 f3-f 7R. 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 solely arising 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 sanitary sewage force main and water reclamation facilities 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. 2 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 of the FACILITIES by the GRANTEE on an ongoing basis. 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. The GRANTEE, at its sole cost, will be responsible for the repair and replacement of any improvements and all other elements that lie within the Easement Area and for any repairs or replacements necessitated as a result of its negligence or required in the course of performing its maintenance and repair obligations hereunder. Prior to commencing the construction, the GRANTEE shall prepare Construction Plans and Specifications for such improvements, which Construction Plans and Specifications shall be subject to the City's prior written approval. The GRANTEE, at its sole cost, may at any time, with the City Manager's prior written approval remove any improvement described provided that such work does not unreasonably interfere with the use or the future use of the Easement Area. Consequently, in the event the City's Construction Plans and Specifications propose the use of unique or specialized materials, the GRANTEE, at its sole cost and expense, shall be required to provide such restoration. The GRANTEE shall provide all construction, and Landscaping maintenance, repairs and replacements in a manner that will minimize any unreasonable interference with the use and operations of the City, its tenants, licensees, agents, successors, and assigns and the general public. 3 The GRANTEE shall ensure that, to the extent practicable, access through and upon the Easement Area is continuous during any construction (after completion of the original improvements), maintenance, repair or replacement, unless otherwise approved by the City Manager or his designee in advance. The City shall not be required to initiate any legal proceedings or incur any costs associated with same. 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 or if the GRANTEE does not comply with any term, covenant, or condition of this instrument, the said EASEMENT shall automatically cease and 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 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 Water and Sewer Department Attn: Director 3071 S.W. 38t1' Avenue, Suite 514 Miami, FL 33146 WITH COPIES TO: Miami -Dade County County Attorney 111 N.W. 1st Street, Suite 2810 Miami, FL 33128 4 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 2"d Avenue, Suite 945 Miami, FL 33130 City of Miami Director of Public Facilities 444 SW.2"d 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. 5 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 ATTEST: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE AND CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney Calvin Ellis, Director Risk Management Department 6 LEGAL DESCRIPTION AND SKETCH SEE ATTACHED EXHIBIT "A" Pages 1 — 3 7 sSESZ nrla 01-17-13 ,ru'izoe2 O.0 P. .1 • i /, I f i.1 { r 1 TOA AI //Ss) y ,�r '1)" STREET mow^ ` slit M YNaT 40.47'E i !nrenrtasa®o SUBSURFACE EASEMENT PRMh2 COMNERCIAL I ;---_--. SUBDNISION P.B. 23, PG. 67 i ` I ---A it A ,/ BASELINE OFrSU[NrY r4' S37' ce26a \ ,� `PROPOSE12 F�oaet .wa Acrv»'ro• AA48ULT ltee-ICe164a%"' °g rg, 4 co Dery nRAND oe WATEAAND SEN6xA8IN PEN WATat 1111a1 N 519063.982E E 838232 9200 /`'is )-(.?eel43. ' CENrERLIE FOR ) 4.4 CONSTRUCTION \ ^/ N31. 08'45'E 5292.85 ,• if •,7 , l - r— =Vr MATCH LINE SEE PG2 PERMANENT mane we EASEMENT mace S.E. No.108 new ioo AECOM { ,Irrb Uri -11 trot STORY nee ekne •/ R®BAYNA AND ASSOCIATES INC. 131GENEERS-PLANNERS- SURVEYORS sex. rormenswea WANT VIFS.R.SIZI awes sone OVINE CIO: lU ass 1-i9a kWYYL Han elm SUL LEGEND AND ABBREVNTTON0 SO. FT. a SQUARE FEET P.B. o PLAT BOOK . PG. = PAGE P.O.B. = POINTOF SINNING 0.12.B. " OFFICIAL RECORD BOOK P.O.0 = POINT OF COMMENCB..FNI S.E = SUBSURFACEEASEMENT No. = NUMBER - RGHr-0FWAY UNE LOT UNE PERTAX RECORDS — — — E)OSTEJO EASEMENT ---••� = SUBSURFACEEASEMENT walla LOCATICN MAP N.TS. LEGAL DESCRIPTION Subsurface Easement A parcel Ot land lying and being within Section 9, Township 54 South, Range 42 East Mami -Dade Goody, le, being horizontally described as 'knows: Commence at a point at the southwest drier 01 COMMERCIAL SIIBOVL9ON OF HARBOR TERMINALS a recorded in plat book 23 page 67 of the puhac records of Miami Dade County, Florida said potrd being on De south dght of way fine of Tr tact thence N tf7. 40 43' E 26.00 foes thence S 3.7. 08' 45' W 31424 feet thence 3 61' 13' 17* E 16.88 feet to THE POINT OF BEGINNING; thence 3 38' 48' 43• W 2899.47 fact thence S 69. 3T 32" W 58.72 feat; thence N 31' C8' 4F E 2936.99 feet thence 3 51' 13' iT E 50.45 feet to THE POINT OF tom- a1NINNG. The hearings and distances stated herein are based an the Mercator Grid System of the Florida East Zone, as adjusted In North American Datum 83/91. AREA OF PERMANENT SUBSURFACE EASEMENT: 145910.E1.9 SOFT 3.35 A7RE 8 SURVEYOR'S NOTES: 1) This LEGAL DESCRIPTION and PERMANENT SUBSURFACE EASEMENT, has been prepared for the exx2ootve use of the entities named hereon Mlarod-0ade County, Sothis, Pubic WOrts Department 2) The CerRHcate does not extend to any unnamed party. GRAPHIC SCALE 100 0 50 ME 100 1'= 100 WITHOUT SCALE SHEET IWOANDIHREE ISOM 2 . air 1 StErtS 01-17-13 7SO4. Ihs• 12008/ CEN713.1.1NE FOR CONSTRUCTION NTI• Or 45"E 5292.85' MATCH LINE ABOVE ELINE OF SURVEY 9 0] - S21 1* os 1.9.w , • IS2-64 / / f ) (.5 SUBSURFACE EASEMENT MATCH LINE SEE PG.1 * 5.4. Z--(1 • • It _Sy ./ 1-1 1 a-7 (1.4- ( * ) / , 0/ I • ‹.7 7. ) PERMANENT SUBSURFACE EASEMENT No.i OG PEMEIIRle AECOM 1-40BAYNN AND ASSOCIATES INC-. ENGINEERS - PLANNERS -sURVEYORS • fienu.rar ism masa is41111.1(Ea. R.331.1 . PRP* 423.116 / ELM M comic 32.5 4_,... GISIMITICN - Ms psi LOSE IL Y. PS11 #5[915 OF R.OROA • WNW= ULU MEMO fa • CENTERLINE FOR CONSTRUCTION N31* CV 4.TE 5292./0 BASELME OF SURVEY SO? 05* 1910 5284.88' VIRGINIA KEY MATCH LINE SEE PG.3 IPPLOVILS • THIS SHEET NOTVALIO WITHOUT SHEET ONE Arto THREE Die VIRGINIA KEY CENTERLINE Fa, CONSTRUCTION N31' 08' 45 E 5292.BS SUBSURFACE EASEMENT MATCH LINE SEE PG.2 • ,/ , / / tl / / BASELINE OF SURVEY //-/ S37' ivw 5266 �ry P1 Nomina as 1001PS VIRGINIA KEY SSW 31' 92•W 58.72' MDCWWTP s Fr N e-aan• etc!_ ___I! 7i8 BSSWYf FROM UIY OF SUI MI =93 B PAO BNU MOO • sra:aUp SUBSURFACE EASEMENT TYPICAL SECTION N.T.S. GRAPHIC SCALE 100 0 50 100 THIS Sir NOT VALET SCALE: 1' =100' wmtCUT 8HEETTWOAND ONE SOM3 63 SEM owes ima PERMANENT SUBSURFACE EASEMENT ata� 07-17-13 iMNM S.E No.106 • L7 §120082 AECOM ROBAYNR AND ASSOCIATES INC. E NGthFAS-TW GERS - SURVEYORS • amNrisenwwwr tlWY1MGg 0.mN »k�I� LEMON A AA a1351k Sat e-lm czanniott Vt— <� I M1011 ,DBE IL IW03 i PSO I8605 STATE OF ROMA el Wpe➢Ofeeuam4 eu� aob