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HomeMy WebLinkAboutExhibit ATax Folio Number: 01-3207-016-3510 01-3207-016-3520; 01-3207-016-3530 Agmt ID: 20612 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, 10th 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 attorneys 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 conditions. 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 Victoria Mendez, 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 CITY OF MIAMI FIRE STATION #13 990 NE 79th STREET, MIAMI, FLORIDA FOLIO No,: 01-3207-016-3510 ,XI-1/8IT "A" DW 2011-037 DS 2011-523 NE 80th STREET WATER EASEMENT - I (SEE, PAGES 2 and 3) NE. 79th STREET WATER EASEMENT - II (IRRIGATION LINE) (SEE, PAGES 4 and 5) SEWER EASEMENT -III SEE, PAGES 6 and 7) PORTION OF SECTION 07, TOWNSHIP 53 SOUTH, RANGE 42 EAST IIN MIAMI-DADS COUNTY, FLORIDA. LOCATION SKETCH N.T.S. J IS GENERAL NOTES: THIS IS NOT A BOUNDARY SURVEY. THIS IS AN SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR WATER AND SEWER EASEMENTS. THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION CONSISTS OF MULTIPLE (7) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID, AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. THE MINIMUM VERTICAL CLEARANCE OF THIS EASEMENTS IS TWENTY FIVE (25) FEET ABOVE GRADE. THIS EASEMENTS STRIP FORM A CLOSED GEOMETRIC FIGURE. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE N':3702 STATE OF FLORIDA ARTURO R. TOIRAC P.L.S. (FOR THE FIRM.) VIZCAYA SURVEYING AND MAPPING, INC. LAND SURVEYORS -PLANNERS 13217 SW 461h LANE MIAMI, FLORIDA 33175 PH:(305)223.6060 a E•mall: rvlzcaya.13@gmall.com LB No.8000 Type of Project SKETCH TO ACCOMPANY LEGAL DESCRIPTION Owner of Property CITY OF MIAMI Address of Properly 990 NE 79fh STREET I11A611, FL 33138. Date September 19, 2013 Scale N.T.S. Drawn BM Work Order Page 1 of 7 Sheets SKETCH TO ACCOMPANY LEGAL C,ESCRIPTION 12 FEET WATER EASEMENT - I • EX/-9/8/7" "A " DW 2011-037 LEGAL DESCRIPTION A PORTION OF LOT 6 AS DESCRIBED BELOW, BLOCK 21, OF SHORES CREST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, AT PAGE 23 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA BEING. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, IN BLOCK 21, OF SHORES CREST, THENCE RUN N 01'12'15' W ALONG THE WESTERLY RIGHT OF WAY LINE OF NE 10th AVENUE, SAID LINE IS THE EAST LINE OF SAID LOT 6, A DISTANCE OF 20.40 FEET TO THE POINT OF BEGINNING OF A PARCEL OF LAND HEREINAFTER DESCRIBED; THENCE CONTINUE N 01'12'15' W ALONG THE PREVIOUSLY DESCRIBE LINE FOR A DISTANCE 9.27 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 06'15'47" FOR AN ARC DISTANCE OF 2.73 FEET TO A POINT;; THENCE S 88'02'15" E FOR A DISTANCE 15.20 FEET; THENCE S 01'12'15" E FOR A DISTANCE 12.00 FEET; THENCE N 88'02'15" E FOR A DISTANCE OF 15.35 FEET TO A POINT ON THE WESTERLY RIGHT OF NE. 10th AVENUE COINCIDENT WITH THE POINT OF BEGINNING, SAID LAND COINTAINING 184 SQUARE FEET MORE OR LESS. THIS IS NOT A BOUNDARY SURVEY. THIS IS AN SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR 12 FEET WATER EASEMENT. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN ALONG THE CENTERLINE OF NE 10th AVENUE , WHICH IS N 01'12'15" W. I HEREBY CERTIFY THAT THE ATTACHED SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS RECENTLY PREPARED UNDER MY DIRECTION, AND MEETS THE INTENT OF THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS AND MAPPERS IN CHARTER 5J•-17 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 OF FLORIDA STATUTES. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR' SEAL. - CERTIFICATE N':3102 STATE OF FLORIDA ARTURO R. TG'IIAC P.L.S. (FOR THE FIRM.) #`737,11---j — FOR SKETCH SEE PAGE 3 — VIZCAYA SURVEYING AND MAPPING, INC LAND SURVEYORS - PLANNERS 13217 SW 461h LANE MIAMI, FLORIDA 33175 PH:(305)223-6060 a E-mall: tvlzcaya.l3@gma1l.com ' LB No.8000 Type of Project SKETCH TO ACCOMPANY LEGAL DESCRIPTION Owner of Properly CITY OF M.IAMI Address of Properly 990 NE 79th STREET NIANI, ft 33133 Dote September 19, 2013 Scale N.T.S. Drown BM Work Order Poge 2 of 7 Sheels SKL TCH TO ACCOMPANY LEGAL 1ESCRIPTION 12 FELT WATER EASEMENT • —C/L NE 79th STREET (STATE ROAD 934) rri -4 EXISTING PROPERTY LINE AS PER.LEGAL DESCRIPTION RAN NEW R=25.00' N s 88 •12'15" W 0=6°15'47' ' WATER EASEMENT \ 1 .20' A=2_73' LOT 6. BLOCK 21 (P.B. 10 - PG. 23) LOT 5. BLOCK 21 (P.B. 10 - PG. 23) r, 20.-1 5' N 01°12'1S' W 9.27 P.O.B. 1. I`riN N° I I Z P.O.- (SE CORNER OF LOT 6 P.B. 10 PG 23) 2 N 881 5" E 10' • N 88°02' 15' E 119.66' 25' 20' N 01°12'15 W 5' ' W Z 35' 20 GRAPHIC SCALE 0 10 20 35' 1 /( IN FEET ) 1 inch =20ft. LEGEND C/L - CENTERLINE M/L - MONUMENT LINE R/W - RIGHT-OF-WAY LINE P/L - PROPERTY LINE P.B. - PLAT BOOK PG. - PAGE P.O.C. - POINT OF COMMENCE P.O.B. - POINT OF BEGINNING z 0 1- 0. 0 In w 0 J Q 0 w -J z a a 0 0 0 Q 0 1- 0 1- w m 0 O N Address of Property 0n CITY OF MIAMI September 19, 2013 Type of Project n 0 0 0 c 0 SKETCH TO ACCOMPANY LEGAL DESCRIPTION 12 FEET WATER EASEMENT - II (Irrigation Line) 8X1-1/8!T "A" DW 2011-037 LEGAL DESCRIPTION: THE SOUTH 12.00 FEET, OF- THE NORTH 14.98 FEET, OF THE EAST 12.40 FEET OF LOT 5, BLOCK 21, OF SHORES CREST ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, AT PAGE 23 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SAID PORTION OF LAND CONTAINING 148.76 SQUARE FEET. THIS !S NOT A BOUNDARY SURVEY. THIS IS AN SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR 12 FEET WATER EASEMENT FOR IRRIGATION LINE. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN ALONG THE CENTERLINE OF NE 10th AVENUE, WHICH IS N 01'12'15" W. 1 HEREBY CERTIFY THAT THE ATTACHED SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS RECENTLY PREPARED UNDER MY DIRECTION, AND MEETS -THE INTENT OF THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS AND MAPPERS IN CHARTER 5J-17 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 OF FLORIDA STATUTES. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR' SEAL. CERTIFICATE N':3102 STATE OF FLORIDA ARTURO R>. TOIRAC P.L.S. (FoR THE FIRM.) - FOR SKETCH SEE PAGE 5 - VIZCAYA SURVEYING AND MAPPING, INC. LAND SURVEYORS - PLANNERS 13217 SW 46th LANE MIAMI, FLORIDA 33175 PH:(305)223-6060 0 E-mail: rv1zcaya.l3@gmall.com LB No.8000 Type of Protect SKETCH TO ACCOMPANY LEGAL DESCRIPTION Owner of Properly CITY OF MIAMI Address. of Property 990 NE 791h STREET MIAMI, FL 33138. Date September 19, 2013 Seale N.T,S. Drawn 9M Work Order Page 4 of 7 Shed, MIL - SKETCH TO ACCOMPANY LEGAL EDESCR/PT/ON 12 FEET WATER EASEME-{NT (irrigation Line) I NE 79th STREET, (STATE ROAD 934) — -RAN -C/L EXISTING PROPERTY LINE 1---- AS PER LEGAL DESCRIPTION LOT 6, BLOCK 21 (P.B. 10 - PG. 23) NEW WATER EASEMENT •(IRRIGATION LINE) P/ LOT 5, BLOCK 21 (P.B. 10 - PG. 23) N 88°02' 15' E 119.66' 2.40' 25' 25' 20' N Ot°12'15" W z W Q 0 W z 35' M • CV GRAPHIC SCALE 20 0 10 20 J 5' 35' (IN FEET) 1 inch = 20 ft. LEGEND C/L - CENTERLINE M/L - MONUMENT LINE R/W - RIGHT-OF-WAY LINE P/L - PROPERTY LINE P.B. - PLAT 800K PG. - PAGE SKETCH TO ACCOMPANY LEGAL DESCRIPTION 3' 0 O) N Address of Property 11 N Work Order OF MIAMI 0 September 19, 2013 Type of Project t a 0 .0 0 0 SKETCH TO ACCOMPANY LEGAL DESCRIPTION 15 FEET SEWER EASEMENT - 111 8XH1131T n ^ n DS 2011-523 LEGAL DESCRIPTION: THE NORTH 15.00 FEET, OF SOUTH 23.78 FEET, OF THE EAST 15.00 FEET OF LOT. 5, BLOCK 21, OF SHORES CREST ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, AT PAGE 23 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA. SAID PORTION OF LAND CONTAINING 225.0 SQUARE FEET. THIS IS NOT A BOUNDARY SURVEY. THIS IS AN SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR 15 FEET SEWER EASEMENT: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN ALONG THE CENTERLINE OF NE 10th AVENUE , WHICH IS N 01'12'15" W. I HEREBY CERTIFY, THAT THE ATTACHED SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS RECENTLY PREPARED UNDER MY DIRECTION, AND MEETS THE INTENT OF THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS AND MAPPERS IN CHARTER 5J-17. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 OF FLORIDA STATUTES. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR' SEAL. CERTIFICATE N':3102 STATE OF FLORIDA 1 ARTURO R. TOIRAC P.L.S. (FOR THE FIRM.) — FOR SKETCH SEE PAGE 7 — VIZCAYA SURVEYING AND MAPPING, INC. LAND SURVEYORS - PLANNERS 13217 SW 461h LANE MIAMI, FLORIDA 33175 PH:(305)223-6060 0 E-mail: Mzcaya.13@gmall.com LB No.8000 Type of Project SKETCH TO ACCOMPANY LEGAL DESCRIPTION Owner of Property CITY OF MIAMI Address of Properly 990 NE 791h STREET NIANI, FL 33138. Doie September 19, 2013 Scale N.T.S. Drawn BM Work Order Page 6 of 7 Shoats M/L- SKETCH TO ACCOMPANY LEGAL IDESCRIPTION 75 FEET SEWER EASEMENT — I NE 79th STREET (STATE ROAD 934) EXISTING PROPERTY LINE AS PER LEGAL DESCRIPTION — —RfW P/L LOT 6, BLOCK 21 (P.B. 10 - PG. 23) NEW SEWER EASEMENT LOT 5, BLOCK 21 (P.B. 10 - PG_ 23) N 88'02'1 S' E 119.66' 1 Ip.00' /// 5' 25' 25' 20' U NO1°12'15'W 35' 20 GRAPHIC SCALE 0 10 20 5' 35' ( IN FEET ) I inch = 20 ft. CO 0 U 0 CC 0 ,LEGEND C/L - CENTERLINE M/L - MONUMENT LINE R/W - RIGHT-OF-WAY LINE P/L - PROPERTY LINE P.B. - PLAT BOOK PG. - PAGE SKETCH TO ACCOMPANY LEGAL DESCRIPTION 0 x a Address of Properly 0 N Work Order CITY OF MIAMI September 19, 2013 co m Type of Project Owner of Property m o° 3 0 MIAMI-DADE COUNTY MIAMI-DADE WATER AND SEWER DEPARTMENT OPINION OF TITLE TO: MIAMI DADE COUNTY, a political subdivision of the State of Florida With the understanding that this Opinion of Title Is furnished to MIAMI DADE COUNTY WATER AND SEWER DEPARTMENT, as an inducement for execution of an agreement covering the real property hereinafter described or for acceptance of a warranty deed, easement, covenantor unity of title as applicable, i1 is hereby certified that I (we) have examined the City records for 958, 960 and 990 NE 79 Street, as described below. I have searched the Miami Dade County Property Appraiser Public Records and certain City of Miami Municipal Records, including without limitation a certain Unity of Title recorded by the City of Miami in ORB 25725, PGS 3828-3829 on 6122/07 for the Property which is the subject of this Opinion of Title conceming the City of Miami Fire Station #13, consisting of: Legal Description: Lots 5 & 6 less North 5 feet of Lot 6 of Block.21 of Shore Crest, recorded In Plat Book 10, Page 23, of the Public Records of Miami -Dade County, Florida, Miami, Florida, Folio No. 01-3207-016-3510 Legally described as Lot 7, less the North 5 feet of the East'/: of Lot 8, Block 21 of Shore Crest recorded in Plat Book 10, Page 23, of the Public Records of Miami -Dade County, Miami, Florida, Folio No. 01-3207-016-3520 Legally described as Lot 8, less the North 5 feel of the East %: of Lot 8, Block 21 of Shore Crest recorded in Plat Book 10, Page 23, of the Public Records of Miami -Dade County, Miami, Florida, Folio No01-3207-016-3530 Basing my opinion on said public records, I am of the opinion that on date of March 26, 2010, the fee simple title to the above described real property was vested in: THE CITY OF MIAMI, a Florida municipal corporation, Subied to the following liens, encumbrances, and other exceptions: GENERAL EXCEPTIONS 1. All taxes for the year in which this opinion is rendered, unless noted below that such taxes have been paid 2. Rights or persons other than the above owners who are in possession 3. Fads that would be disclosed upon accurate survey 4. Any unrecorded labor, mechanics', or material persons' liens 5. Zoning, Comprehensive Planning, Building and other restrictions imposed by governmental authority SPECIAL EXCEPTIONS NO XX YES (Please disclose)_ None of the exceptions listed above will restrict the use of the properly for the purposes set forth in the water and sewer agreement assignment, warranty deed easement, covenant, and unity of title, as applicable. I, the undersigned attorney, certify that I am an attorney -at -law duly admitted to practice law in the state of Florida and am a member in good standing of the Florida Bar. Respectfully submitted this °fit day of k-A cy C1f 2010. , VICTORIA MENDEZ, ESQ. ASSISTANT CITY ATTORNEY OFFICE OF THE CITY ATTORNEY 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33131 Telephone: (305) 416-1800 Florida Bar # 194931 ri NOTE: The opinion must cover the time period within 30 days prior to submittal of signed water and sewer agreements or an assignment, for warranty deeds, casements, covenants. and unities of title. The opinion. must cover the time period through the date of csecution of the deed easement, covenant or unity. If the property owner is a N V corporation, the opinion must state that the person signing the agreement or legal document has the leant power and authority to sign on behalf of and bind the corporation. 219723