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HomeMy WebLinkAboutExhibit AExhibit A SW 32nd Avenue Improvements Additional Services Project, B40704A Property Owner Property Address Anisia M. Cid 3140 SW 27 Terrace, Miami FL 33133 Juan A. Huerta and Galia Huerta 3175 SW 27 Terrace, Miami FL 33133 This instrument prepared by and shall be returned to: Victoria Mendez, City Attorney Office of the City Attorney City of Miami 444 SW 2ad Avenue, Ste. 945 Miami, FL 33130 Folio No.: 01-4116-023-1910 Area Reserved for Recording PERPETUAL EASEMENT THIS EASEMENT made this day of , 20 by Anisia M. Cid, whose address is 3140 SW 27 Terrace, Miami, FL 33133, ("Grantor"), to the CITY OF MIAMI, a Florida Municipal Corporation its successors and assigns, 444 SW 2nd Avenue, Miami, FL 33130 ("Grantee"). WITNESSETH: That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto Grantee, its successors and assigns, a perpetual easement for sidewalk purposes more particularly described, but not limited to, pedestrian ingress and egress over and upon the sidewalk constructed thereon, construction and modification of fixtures and amenities within the sidewalk including but not limited to street furniture, trees, grates, planters, street lighting, utility relocation or upgrade with full authority to enter upon, construct and maintain the .sidewalk and fixtures within the sidewalk, as the Grantee and its assigns may deem necessary, said land lying in Miami -Dade County, Florida, and legally described in Exhibit A. RIGHTS GRANTED TO THE GRANTEE, the Grantee shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with the normal operation and maintenance of the easement by the Grantee, out of and away from the herein grantee right-of-way and that the Grantor, herein its successors and assigns, agree not to build, construct or create nor permit others to build, construct or create, any buildings or other structures on the herein granted easement that may interfere with the normal operation of the sidewalk. Grantor further grants the reasonable right to enter upon adjoining lands of the Grantor for the purpose of exercising the rights herein granted. Grantor may keep the easement area landscaped and may maintain access driveway entrances in the easement area. Grantee may at any time change the location of the sidewalk within the boundaries of the easement right-of-way, or modify or adjust the size of the existing sidewalk as it may determine in its sole discretion from time to time without paying any additional compensation or granting additional consideration to Grantor or Grantor's heirs, successors, or assigns, provided Grantee does not expand its use of the easement beyond the easement boundaries described above. Grantee shall promptly restore and landscape driveway entrances damaged by Grantee's use of the easement area, to their preexisting condition. Grantee shall maintain all sidewalks within Perpetual Sidewalk Easement Page 1 of 3 Doc. No. 254241 A t'7 ✓J I'-' the easement area in good condition and. repair. Grantor reserved the right to grant other easements within the easement area, and to use the easement area primarily for Grantor's own benefit, provided such other easements and uses do not interfere with Grantee's use of the easement area as granted hereby. TO HAVE AND TO HOLD the same unto said GRANTEE, its successors and assigns forever, together with a covenant hereby knowingly, voluntarily and freely given by GRANTOR not to sue or to maintain any civil or other claim, demand, cause of action, debt, default, or other relief against the said GRANTEE and its successors and assigns from any or all personal injury, property damage, or diminution of property rights arising or accruing by virtue of the GRANTEE's activities, acts and omissions under this Easement and/or construction and/or maintenance to the lands, if any, owned by the GRANTOR, laying adjacent, continuous or abutting to the lands hereinabove described and the GRANTOR will defend title to said lands against all persons claiming by, through or under said GRANTOR. This Agreement shall be binding upon successors and assigns personal representatives, heirs, executors, and administrators, of the parties hereto. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: (Two witnesses or corporate seal required by Florida Law) (Signature of Witness) (Signature of Grantor) (Print/Type Name of Witness) (Signature e">f 'i ness) ��f I,F'!1s JCQm/!f2 (Print/Typd Name of Witness) Antst a M cal (Print/Type Name of Grantor) 3140 sv'J 2-7%arc (Address) Perpetual Sidewalk Easement Page 2 of 3 Doc. No. 254241 STATE OF FLORIDA COUNTY OF MIAMI-DADE The following instrument was acknowledged before me this 23 day of M AI 20 12, by AKA SI A G13 , who is personally known to me to or who has produced lWJ -Y2...TDF-MTI ° p r ) Cilia as identification, and who did (did not) take an oath. (rid t-r2cft4 re)Eo_ (Print/Type Name) My Commission Expires: Serial No., if any: ATTEST: 2 -24 Todd Hannon,. City Clerk Notary Stamp: o.`Pnr YP�, o MARCIA LOPEZ a ' �' * MY COMMISSION # EE 172018 EXPIRES: February 21, 2016 lrFoc ors° Bonded Thai Budget Notary Services City of Miami, a municipal corporation of the State of Florida Johnny Martinez, P.E., City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Victoria Mendez City Attorney Calvin Ellis, Director Risk Management Department Perpetual Sidewalk Easement Page 3 of 3 Doc. No. 254241 0 'IA-'TIVF-1 1 rJO AGGIO��' rPANYr LEJGAL DEJSOR?,IrPTIrON 10 FOOT STRIP & 25 FOOT RADIUS CORNER CLIP FOR RIGHT-OF-WAY DEDICATION 0 15 30 SCALE 1"=30' LEGEND P.O.B. P.O.C. P.O.T. PB. PG. (R) PC PT PI q. LOT 9 BLOCK..13 "SOUTH BAY ESTATES" PB. 5, PG. 54 MAPPED (ZONED) STREET UNE CITY OF MIAMI MUNICIPAL ATLAS SHEET No. 42L P 0 - cme..mwMNI rw = POINT OF BEGINNING = POINT OF COMMENCEMENT = POINT OF TERMINATION = PLAT BOOK = PAGE = RECORD VALUE = POINT OF CURVATURE = POINT OF TANGENCY = POINT OF INTERSECTION = CENTERLINE 25.0' N8T39'49'E(C)_ LOT 12 BLOCK 29 "SOUTH BAY ESTATES" PB. 5, PG. 54 LEGAL DESCRIPTION: 25.0' 25.0' LOT 8 BLOCK 14 "SOUTH BAY ESTATES" PB. 5, PG. 54 IMMEMMmMM — — maMmemssm MS Ms SW 27th TERRACE N_8T39'49"E(C) _ RIGHT-OF-WAY_ DEDICATION 25.0' cn /4y. PT i NORTH UNE OF LOT 1, BLOCK 28 (PS. 5, PG. 54) PC N87'39'49"E 110.00' (TOTAL) N87'39'49"E 85.00' R=25.00' L=39.27' Tan=25.00' A=89'59'45" ui O MAPPED (ZONED) STREET UNE CITY OF MIAMI MUNICIPAL ATLAS SHEET No. 42L LOT 1 BLOCK 28 "SOUTH BAY ESTATES" PB. 5, PG. 54 SIM MM. The external area of a 25 foot radius curve, concave to the Southeast, being tangent to the North Line and the West Line of Lot 1, in Block 28 of "SOUTH BAY ESTATES", according to the plat thereof, as recorded in Plat Book 5, at Page 54 of the Public Records of Miami —Dade County, Florida. Said parcel of land lying and being in the City of Miami, Miami —Dade County, Florida, and containing approximately 134 Square Feet, by calculations. NOTICE: Not full and complete without pages 2 of 2. ' QJ Z\12059 SW 51 Place & SW 27 Terroce\deg\12059 51D Lot 1 Blk 2B 05-15-12.dw9 5/15/2012 2:23;47 PIA EDT No. 12059 Page 1 of 2 G) SIKET-101T 4114 A C OGIV RIN\ Yr I, E CI- A L DELSJORIP TICIN 10 FOOT STRIP & 25 FOOT RADIUS CORNER CLIP FOR RIGHT-OF-WAY DEDICATION SOURCES OF DATA: The Legal Description of the Subject Property was generated from the Plat of "SOUTH BAY ESTATES", recorded in Plat Book 5, Page 54, Miami —Dade County Records. In addition, the following sources of data were used to the extent required to complete this document in a defensible manner, that is to say: — City of Miami Municipal Atlas Sheet No. 42L, prepared by The City of Miami, Department of Public Works. Bearings as shown hereon are based upon the Centerline of SW 27th Terrace with an assumed bearing of N87'39'49"E. EASEMENTS AND ENCUMBRANCES: No information was provided as to the existence of any easements other than that appears on the underlying Plat of record. Please refer to the Limitations portion with respect to possible restrictions of record and utility services. LIMITATIONS: Since no other information were furnished other than that is cited in the Sources of Data, the Client is hereby advised that there may be legal restrictions on the subject property that are not shown on the Sketch or contained within this Report that may be found in the Public Records of Miami —Dade County, Florida or any other public and private entities as their jurisdictions may appear. This document does not represent a field boundary survey of the described property, or any part or parcel thereof. INTENDED USE / EXPRESS PURPOSES: It is understood by the Surveyor that the intended use of this document is to dedicate the 10 Foot strip and 25 Foot radius corner clip Right —of —Way for public use purposes. SURVEYOR'S CERTIFICATE: I hereby certify that this "Sketch to Accompany Legal Description," was prepared under my direction and is true and correct to the best of my knowledge and belief and further, that said Sketch meets the intent of the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to Rule 5J-17.052 of the Florida Administrative Code and its implementing Rule, Chapter 472.027 of the Florida Statutes. By: Date: Jose Senas, P.S.M. Professional Surveyor and Mapper LS5938 State of Florida. HADONNE CORP. Land Surveyors and Mappers Certificate of Authorization LB7097 1985 NW 88th Court, Suite 202 Dora!, Florida, 33172 305.266.1188 phone 305.207.6845 fax NOTICE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Each Sheet as incorporated therein shall not be considered full, valid and complete unless attached to the others. This Notice is required by Rule 5J-17,051 of the Florida Administrative Code. NOTICE: Not full and complete without pages 1 of 2. /� i) Z;\12059 SW 31 Plo . & SW 27 Torrap\dwg\12059 SID Lot 1 Blk 28 05-15-12.dog 5/15/2012 2.23:47 PM EDT No. 12059 Page 2 of 2 Co) 0 Doc. No. 254241 This instrument prepared by and shall be returned to: Victoria Mendez, City Attorney Office of the City Attorney City of Miami 444 SW 2nd Avenue, Ste. 945 Miami, FL 33130 Folio No.: 01-4116-023-1120 Area Reserved for Recording PERPETUAL EASEMENT THIS EASEMENT made this day of , 20 by Juan A. Huerta and Galia Huerta, whose address is 3175 SW 27 Terrace, Miami, FL 33133, ("Grantor"), to the CITY OF MIAMI, a Florida Municipal Corporation its successors and assigns, 444 SW 2nd Avenue, Miami, FL 33130 ("Grantee"). WITNESSETH: That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto Grantee, its successors and assigns, a perpetual easement for right-of-way purposes more particularly described, but not limited to construction and modification of fixtures and amenities within the intersection including but not limited to street furniture, trees, grates, planters, street lighting, utility relocation or upgrade with full authority to enter upon, construct and maintain the fixtures within the easement, as the Grantee and its assigns may deem necessary, said land lying in Miami -Dade County, Florida, and legally described in Exhibit A. RIGHTS GRANTED TO THE GRANTEE, the Grantee shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with the normal operation and maintenance of the easement by the Grantee, out of and away from the herein grantee right-of-way and that the Grantor, herein its successors and assigns, agree not to build, construct or create nor permit others to build, construct or create, any buildings or other structures on the herein granted easement that may interfere with the normal operation of the sidewalk. Grantor further grants the reasonable right to enter upon adjoining lands of the Grantor for the purpose of exercising the rights herein granted. Grantor may keep the easement area landscaped and may maintain access driveway entrances in the easement area. Grantee may at any time change the location of the fixtures within the boundaries of the easement right-of-way, or modify or adjust the size of the existing fixtures as it may deteiiiiine in its sole discretion from time to time without paying any additional compensation or granting additional consideration to Grantor or Grantor's heirs, successors, or assigns, provided Grantee does not expand its use of the easement beyond the easement boundaries described above. Grantee shall promptly restore and landscape driveway entrances damaged by Grantee's use of the easement area, to their preexisting condition. Grantee shall maintain all the fixtures within the easement area in good condition and repair. Grantor reserved the right to grant other Perpetual Sidewalk Easement Page 1 of 3 easements within the easement area, and to use the easement area primarily for Grantor's own benefit, provided such other easements and uses do not interfere with Grantee's use of the easement area as granted hereby. TO HAVE AND TO HOLD the same unto said GRANTEE, its successors and assigns forever, together with a covenant hereby knowingly, voluntarily and freely given by GRANTOR not to sue or to maintain any civil or other claim, demand, cause of action, debt, default, or other relief against the said GRANTEE and its successors and assigns from any or all personal injury, property damage, or diminution of property rights arising or accruing by virtue of the GRANTEE's activities, acts and omissions under this Easement and/or construction and/or maintenance to the lands, if any, owned by the GRANTOR, laying adjacent, continuous or abutting to the lands hereinabove described and the GRANTOR will defend title to said lands against all persons claiming by, through or under said GRANTOR. This Agreement shall be binding upon successors and assigns personal representatives, heirs, executors, and administrators, of the parties hereto. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: (Two witnesses s corporate seal required by Florida Law) Signature of Witness Abi-teciA Loa (Print/Type Name of Witness) (Signatur rtness) /ki/ .TM, / (Print/Typ Name of Witness) (Print/Type Name of Grantor) ;I VO '3 , P , , r1t »,-A4. fC 5 5133 (Address) ( ignature of Grantor (Print/Type Name of Grantor) ai t/&Si 3i P) (Address) Perpetual Sidewalk Easement Page 2 of 3 Doc. No. 25424I STATE OF FLORIDA COUNTY OF MIAMI-DADE The following instrument was acknol4edged before me this % day of JCS 20 /4 by auftli C A L I * But- i , who is personally known to me to or who has produced D L 44- 6 30- `fc/- 6 l — O/ %. d as identification, and who did (did not) take an oath. i1)L * 4-630 — r?8O - '73/. --.SSG -a ilign ture) (Print/Type Name) My Commission Expires: 32OtS Serial No., if any: ATTEST: .::•Todd Hannon City Clerk Notary Stamp: WATHALIE RUIZ MY COMMISSION # EE070273 FqFo, EXPIRES March 03, 2015 (407) 39F'.., f:wci IJota City of Miami, a municipal corporation of the State of Florida Johnny Martinez, P.E., City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Victoria Mendez City Attorney Calvin Ellis, Director Risk Management Department Perpetual Sidewalk Easement Page 3 of 3 Doc. No. 25424I SKETCH TKO ACCCII,WRANV L E Cta li DESCRIPTION 10 FOOT STRIP & 25 FOOT RADIUS CORNER CLIP FOR RIGHT-OF-WAY DEDICATION z 0 1 SCALE Own MO. LEGAL DESCRIPTION: LEGEND P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.O.T. = POINT OF TERMINATION PB. = PLAT BOOK PG. = PAGE (R) = RECORD VALUE PC = POINT OF CURVATURE PT = POINT OF TANGENCY PI = POINT OF INTERSECTION rL = CENTERLINE LOT 10 LOT 9 BLOCK 13 "SOUTH BAY ESTATES" PB. 5, PG. 54 MAPPED (ZONED) STREET LINE CITY OF MIAMI MUNICIPAL /. ATLAS SHEET No. 42L O _ N87'39'49"E _o N87'39'49E SOUTH UNE OF LOT 9, BLOCK 13 (PS. 5, PG. 54) b 0) 85.00' 110.00' (TOTAL) PT R=25.00' L=39.27' Tan=25.00' A=89'59'45" PC RIGHT-OF-WAY N8719'49'E(C) - DEDICATION SW 27th TERRACE LOT 12 BLOCK 29 "SOUTH BAY ESTATES" PB. 5, PG. 54 25.0' r O J 7i39'491CL 11) NI Z cti The external area of a 25 foot radius curve, concave to the Northwest, being tangent to the South Line and the East Line of Lot 9, in Block 13 of "SOUTH BAY ESTATES", according to the plat thereof, as recorded in Plat Book 5, at Page 54 of the Public Records of Miami —Dade County, Florida, Said parcel of land lying and being in the City of Miami, Miami —Dade County, Florida, and containing approximately 134 Square Feet, by calculations. NOTICE: Not full and complete without pages 2 of 2. 2 \12050 SW 31 Flood, & 5W 27 T.rroue\dwg\1205S SLO Lot 9 Blk 13 05-10-12.dog 6/18/2012 11:40:50 AM ®T No. 12059 Page 1 of 2 SKETCH TO A-0C0)MrPANY LEJG,LAL DESCREP IEGN 10 FOOT STRIP & 25 FOOT RADIUS CORNER CLIP FOR RIGHT-OF-WAY DEDICATION SOURCES OF DATA: The Legal Description of the Subject Property was generated from the Plat of "SOUTH BAY ESTATES", recorded in Plat Book 5, Page 54, Miami —Dade County Records. In addition, the following sources of data were used to the extent required to complete this document in a defensible manner, that is to say: — City of Miami Municipal Atlas Sheet No. 42L, prepared by The City of Miami, Department of Public Works, Bearings as shown hereon are based upon the Centerline of SW 27th Terrace with an assumed bearing of N87°39'49"E. EASEMENTS AND ENCUMBRANCES: No information was provided as to the existence of any easements other than that appears on the underlying Plat of record. Please refer to the Limitations portion with respect to possible restrictions of record and utility services. LIMITATIONS: Since no other information were furnished other than that is cited in the Sources of Data, the Client is hereby advised that there may be legal restrictions on the subject property that are not shown on the Sketch or contained within this Report that may be found in the Public Records of Miami —Dade County, Florida or any other public and private entities as their jurisdictions may appear. This document does not represent a field boundary survey of the described property, or any part or parcel thereof, INTENDED USE / EXPRESS PURPOSES: It is understood by the Surveyor that the intended use of this document is to dedicate the 10 Foot strip and 25 Foot radius corner clip Right —of —Way for public use purposes. SURVEYOR'S CERTIFICATE: I hereby certify that this "Sketch to Accompany Legal Description," was prepared under my direction and is true and correct to the best of my knowledge and belief and further, that said Sketch meets the intent of the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to Rule 5J-17.052 of the Florida Administrative Code and its implementing Rule, Chapter 472.027 of the Florida Statutes. By: Date: Jose Senas, P.S.M. Professional Surveyor and Mapper LS5938 State of Florida. HADONNE CORP. Land Surveyors and Mappers Certificate of Authorization LB7097 1985 NW 88th Court, Suite 202 Doral, Florida, 33172 305.266.1 188 phone 305.207.6845 fax NOTICE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Each Sheet as incorporated therein shall not be considered full, valid and complete unless attached to the others. This Notice is required by Rule 5J-17.051 of the Florida Administrative Code, NOTICE: Not full and complete without pages 1 of 2. Z: \12099 SW 31 Place d: SW 27 Terrace\dwp\12059 S1D Lot 9 Mk 13 05-10-12dw9 5/19/2012 11:40:50 AM EDT No. 12059 Page 2 of 2 G)