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HomeMy WebLinkAboutExhibit A----------------- ------ Above Space is Reserved for Recording ------ ---------- This instruinent prepared by And after recording by CUP shall be returned to: Victoria Mdndez, City Attorney Office of the City Attorney City of Miami 444 SW T'd Avenue,:Ste. 945 Miami, FL 33130 Folio Nos,: 01-0210-060- 340 and 01-0210-060-1350 PERPETUAL EASEMENT THIS EASEMENT made this a day of , 201 by Miami River Holdings LLC C/0 Richard G Toledo Esq., whose address is 431 and 451 S Miami Avenue, Miami, Florida 33131, ("Grantor"), to the CITY OF MIAI\'H, a Florida Municipal Corporation its successors and assigns, 444 SW rd Avenue, Miami, FL 33130 ("Grantee"). WHEREAS, Grantor is the owner of the property legally described in Exhibit "A"; WHEREAS, the Grantee has requested a perpetual easement of a portion of the IVIRH Property as described and depicted in the attached Exhibit "A"; and, WHEREAS, the Grantor has permitted Grantee the right to construct roadway and streetscape improvements and in accordance with the terms herein. 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 roadway and streetscape purposes only more particularly described, but not limited to, roadway construction, storm drainage system, curb and gutter, sidewalk, 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 signs, and street lighting with full authority to enter upon, construct and maintain the roadway and streetscape improvements , as the Grantee and its assigns may deem necessary, said land lying in Miami -Dade County, Florida, and legally described in Legal Description (Exhibit RIGHTS GRANTED TO THE GRANTEE, the Grantee, at their own expense, inclusive of appropriate insurance, shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with the normal operation and Page 1 of 5 M/A 183335625v3 Eik t 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 roadway and streetscape irnprovements_except as permitted herein. Grantor shall be allowed to construct such underground utilities for the benefit of their abutting site as maybe necessary. 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, furthermore, Grantor shall be permitted to utilize the perpetual easement area for any and all zoning calculations or planning design purposes, as may be needed. Grantee may at any time change the location of the roadway and streetscape improvements within the boundaries of the easement right-of-way, or modify or adjust the size of the existing roadway and streetscape improvements 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, nor impact any accessing as may be needed for the abutting property. Grantee shall promptly restore and landscaping or driveway entrances damaged by Grantee's use of the easement area, to their preexisting condition. Grantee shall maintain all roadway and streetscape improvements within 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 institute or maintain any civil or other claim, demand, cause of action, debt, default, liability, or other relief against the said GRANTEE its officials and employees 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. Page 2 of 5 MIA 183336626v3 [SIGNATURES AND NOTARY ACKNOWLEDGEMENT ON FOLLOWING PAGES] Pape 3 of 5 MIA 183336625v3 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 >r orida Law) Signature of Witness UA-Vhe 'TO Print/Type Name of Witness S ig n at>ure-o.f .Gran for ( A4L-v5 J vmn ro5, ,,\A-y,,,I.417-02 Print/Type Grantor Name '-13i.4L51 5.votvwvIt A-vSNa Property Address rM I.*w 'f7,0 114 3 3131 Signature ofWitness Signature of Grantor Paola Ca4illo Print/Type Name of Witness Print/Type Grantor Name Property Address STATE OF FLORIDA COUNTY OF MIAMI-DADE The following instrument was acknowledged before me this 2O day of 44 do icy 201,t3, by .r. %OJ 07/7 ,fre7j who is. personally known to.nlp to or who has produced as identificatio , and who did (did not) take an oath. Print/Type Name) Notary Stamp: vf"'4 YAKOHEAEDIA +w r MY COMMISSION # EE 224784 EXPIRES:October9, 2016 Af,h"s BondedT1wNotaryPublbUndewiters My Commission Expires: Page 4 of 5 MIA 183336625v3 City ofMiami, amunicipal ATTEST: corporation of the State of Florida Todd Hannon, City Clerk Daniel J. Alfonso, City Manager APPROVED A8TOLEGAL FORM AND APPROVED ASTOINSURANCE CORRECTNESS: REQUIREMENTS: NctohmK�ndez Calvin Ellis, Director City Attorney Risk Management Department Page 5nc5 MIA 183336625v3 =EMCEE WO ACCOMPANT 'FP S.E. 5th STREET RIGHT OF WAY DEDICATION (PARCEL 100 and PARCEL 101) for A&P CONSULTING TRANSPORTATION ENGINEERS, CORP. EXHIBIT 'A" LEGEND A PORTION OF BLOCK 108 S A.L. KNOWLTON'S MAP OF MIAMI" P,B, B, P.O, 77 WESTERLY LOT LINE OF UNNUMBERED LOT A PORTION OF BLOCK 108 S 'Al KNOWLTON'S MAP OF miamr. P. B. B, P.G. 77 EAST MONT OF WAY LINE OF SE 811-1 STREET FM/7 R/W MAP SECTION 87613-264B q. CENTERLINE MONUMENT LINE P.O.D. = POINT OF BEGINNING P,C,O. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY • NOVI 7'21*W 25.00' r SOUTHMIANII AVENUE NOTE: Not full and complete without all pages. Total of Three (3) Pages JOB NUMBER: 13018 Page 1 of 3 enurrien ILL ACCONVANIr =CEA& F ENCEMP "EON S.E. 5th STREET RIGHT OF WAY DEDICATION (PARCEL i00 and PARCEL 101) for A&P CONSULTING TRANSPORTATION ENGINEERS, CORP. SECTION 1 ■ TOWNSHIP 54 SOUTH • RANGE 41 EAST LOCATi0N MAP . NOT TO SCALE LEGAL DESCRIPTION: Parcel 100 and Parcel 101 A portion of Section 1, Township 54 South, Range 41 East, Mlaml—Dade County, Florida, being more particularly described os follows: Commence at the point of intersection of the Bost right—of—way line of Avenue "D" (now known as South Miami: Avenue) as shown on the Plat of "Miami", according to the plat thereof, os recorded In Plat Book B, at page 41 of the Public Records of Miami —Dade County, Florida with the north right—of—way line of that certain 25 foot wide Alley (now known as Southeast 5th Street) as shown on the plot of "Patterson and Olive SubdlvIslon" according to the plat thereof as recorded In Plat Book B, at Foge 77 of the public records of Miami —Dade County, Florida; thence run N8T42'30"E clong the north right—of—way line of said Southeast 5th Street for 100.00 feet to the Point of Beginning, of the parcel of land, labeled as "Pcrcel 100" thence continue N87'42'39"E along said north right—of—way line cf Southeost 5th Street for 83,06 feet to the southwest comer of the Unnumbered Lot of the plat of "S.L. & J.B, PATTERSON AND J.F. & B.T. CLIVE SUBDIVISI0N", according to the plat thereof, os recorded In Plot Book B, at Page 77 of the Public Records of Mfomi—Dade County, Florida; thence NO2'17'21"W along the west lot line of sold Unnumbered Lot for 25.00 feet; thence thence 587'42'39"W along a line 25,00 feet north of and parallel with the north right—of—woy line of sold Southeast 5th Street for 83.06 feet to a point lying the right—of—way line of Southeast 5th Street as shown on the Florida Department of Transportation Right of Way Map Section 87513-2646; thence S0217'21"E along said right—of—way Ilne for 25,00 feet to the Point of Beginning. Containing 2,077 square feet and/or 0.05 Acres, more or less, by calculation. Together with; Begin at the point of Intersection of the east right—of—way line of South Miami Avenue with the north right—of—way line of Southeast 5th Street as shown on the Florida Deportment of Transportation Right of Way Map Section 87513-2646; thence run NO2'21'41"W along the east right—of—way line of sold South Miami Avenue for a distance of 4.52 feet; thence run S82'44'38"E, for distance of 27,27 feet to a point lying on the north right—of—way line of Southeast 5th Street as shown on the Hlorida Department of Transportation Right of Way Mcp Section 87513.2646; thence run 587'42'39"W along the north right—of—way line of said Southeast 5th Street, for a distance of 26.BB feet to the Pont of Beginning. Containing 61 square feet, more or less, by calculation. JOB13015BER; NOTE: Not full and complete without all pages. Total of Three (3) Pages Page 2 of 3 i INEM= Fro accontrarrsr ZsIllefillas MESORZEorECINE S.E. 5th STREET RIGHT OF WAY DEDICATION (PARCEL 100 and PARCEL 101) for A&P CONSULTING TRANSPORTATION ENGINEERS, CORP. SOURCES OF DATA: The Legal Description of the Subject Property was generated from the plat of "5.L & J.B. PATTERSON AND J,F. & B.T. ©LIVE SUBDIVISION" recorded in Plat Book B, Page 77, Miami —Dade County Records. Florida Department of Transportation Right of Wap Map Section 87513-2646, In addition, the following sources of data were used to the extent required to complete this document in a defensible matter, that le to soy: Bearings as shown hereon are booed upon the Monument Line of SE 5th Street with on aseumed bearing of S6T42'39'W. EASEMENTS AND ENCUMBRANCES: No Information was provided as to the existence of any easements other that what appears on the underlying Plot of record. Please, refer to the Limitations item with respect to possible restrictions of record and utility services. LIMITATIONS: Since no other information were furnished other than what Is cited in the Sources of Data, the Client Is hereby advised that there may be legal restrictions on the subject property that ore not shown on the Sketch or contained within this Report that may be found in the Public Records of Mlaml—Dade County, Florida or any other public and private entities as their jurisdictions rnoy appear. This document does not represent ❑ field boundary survey of the described property, or cny part or parcel thereof, INTENDED USE / EXPRESS PURPOSES: It Is understood by the Surveyor that the Intended use of this document Is for the creation Description to describe a proposea right of way dedication. SURVEYOR'S CERTIFICATE: of a Legal 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, thot said Sketch meets the Intent of the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to Rule 5J-17-05 of the Florida Administrative Code,Rmd its implementing Rule, Chapter 472.027 of the Florida Statutes. Dote: J, uatrsei Suarez,;;f.rvt. Professional Surveyor and tvi Na. 6313 State of Florida Longitude Surveyors, LLC. Land Surveyors end Mappers Certificate of Authorization LB7335 4055 N.W. 97th Avenue 2nd Floor Doral, Florida 33178 305.463.0912 phone 305.207.6845 fax NOTE: 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 NOTE is required by Rule 5J-17-05 of the Florida Administrative Code, JOB NUMBER: 13018 NOTE: Not full and complete without all pages. Total of Three (3) Pages Page 3 of 3 SKEW= WO ACCOMPANY =GAL OBISCREPTION S.E. 5th STREET RIGHT OF WAY DEDICATION (PARCEL 200) for A&P CONSULTING TRANSPORTATION ENGINEERS, CORP, RIGHT OF WAY MAP METROMOVER EXTENSION PROJECT "BRICKELL EXTENSION" P,B. 124, P.G. 64 WEST RIGHT OF WAY LINE METROMOVER SCAL 1" UNNUMBERED LOT iP,B, B, P,G, 77f WESTERLY LOT LINE OF UNNUMBERED LOT LEGEND = CENTERLINE = MONUMENT UNE P,O.B.= POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W RICHT OF WAY Nan, P.O.B, PARCEL 200 SW CORNER OF UNNUMBERED 10T •••., PARCEL 200 EXHIBIT "A" LOT 7 BLOCK 108 S 'PATTERSON AND OLIVE SUBDIVISION"' P,B. B, P.G. 77 LOT 6 BLOCK 10B 5 "PATTERSON AND OLNE SUBDIVISION" P.B. 13, P.G. 77 LOT 5 BLOCK 108 5 "PATTERSON AND OLIVE SUBDIVSION" P.B. B, P.G. 77 LOT 1 BLOCK 108 S "PATTERSON AND OLIVE SUBDIVISION" P,B. B, P,G. 77 r-4 SOUTH MIAMI AVENUE (FORMERLY KNOWN AS AVENUE "D") — '- 1 JOB NUMBER: 13018 Page 1 of 3 NOTE: Not full and complete without all pages. Total of Three (3) Pages SKEETVEll ACCOWW T &EGAD' EIZ °L' O S.E. 5th STREET RIGHT OF WAY DEDICATION (PARCEL 200) for A&P CONSULTING TRANSPORTATION ENGINEERS, CORP. SECTION 1 • TOWNSHIP 54 SOUTH • RANGE 41 EAST LOCATION MAP NOT TO SCALE LEGAL DESCRIPTION; Parcel 200 A portion cf Section 1, Township 54 South, Range 41 East, Miami —Dade County, Florida, being more particularly described as follows: Commence at the point of intersection of the east right—of—way line of Avenue "D" (now known os South Miami Avenue) as shown on the Plat of "Miami", according to the plat thereof, as recorded in Plat Book B, at page 41 of the Public Records of Mlaml—Dade County, Florida with the north right—of—way line of that certain 25 foot wide Alley (now known oe Southeast 5th Street) as shown on the plat of 'Patterson and olive Subdivision" according to the plat thereof as recorded In Plat Book 5, at Page 77 of the public records of Miami —Dade County, Florida; thence run N87'42'39"E along the north right—of—way line of said Southeast 5th Street for 183.03 feet to the southwest corner of the Unnumbered lot of the plat of "S,L. & J.B. PATTERSON AND J,F, & ELT, OLIVE SUBDIVISION", according to the plot thereof, as recorded In Plat Book B, of Page 77 of the Public Records of Mlornl—Dade County, Florida, sa d point clso being the Point of Beginning, of the parcel of land, labeled as "Parcel 200" herelnafter described; thence continue N87'42'39"E along the north right—of—way line of sold Southeast 5th street for 139.39 feet to a point on the southerly extension of the west boundary Incias shown on the Right of Way Mop Metromover Extension Protect "Brlckell Extension' according to the plat thereqf, as recorded In Plat Book 124, at Page 64 of the public records of Miami —Dade County, Florida; thence ND2'21'41"W along the southerly extension of said west boundary IncIfor 25,00 feet; thence S87442'39"W clong a IncInorth of and parallel with the north right—of—way IncIof eald Southeast 5th Street for 139.36 feet to a point lying on the westerly lot line of the said Unnumbered lot; thence 502'17'21"E along the west lot 'Inc of the said Unnumbered lot for 25.00 feet to the Point of Beginning, Containing 3,484 square feet and/or 0.0B Acres, more or lase, by calculation, JOB NUMBER: 13018 NOTE: Not full and complete without all pages. Total of Three (3) Pages Page 2 of 3 DINETel-I WO ACCOMPANY LEGAL DESCRIPTION S,E. 5th STREET RIGHT OF WAY DEDICATION (PARCEL 200) for A&P CONSULTING TRANSPORTATION ENGINEERS, CORP. SOURCES OF DATA: The Legal Description of the Sub feet Property was generated from the plat of "S,L. & J.B. PATTERSON AND J.F. & B.T. OLIVE SUBDIVISION, recorded in Plat Book B, Page 77, Miami —Dade County Records, Plat of "BRICKELL POINT", recorded in Plat Book 8, Pogo 93, Miami —Dade County Records. City of Miami Municipal Atlas Sheet No. 36R, prepared by the City of Miami, Deportment of Engineering, lost doted February 11, 1975. Bearings as shown hereon are based upon the Monument Line of SE 5th Street with an assumed bearing of S87.4232W. EASEMENTS AND ENCUMBRANCES: No Information was provided as to the existence of any easements other that whot appears on the underlying Plot of record. Pleose refer to the Limitations Item with respect to possible restrictions of record and utility services. LIMITATIONS: Since no other information were furnlshsd other than what 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 —Dodo County, Florida or any other public and private entitles 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: Is understood by the Surveyor that the intended use of this document Is for the creationof a Legol Description to describe a proposed right of way dedication. SURVEYOR'S CERTIFICATE; I hereby certify that this "Sketch to Accompany Lego! 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 Standords for Land Surveying in the State of Florida", pursuant to Rule 5J-17-05 ef the Florida Administrative Code and Its implementing Rule, Chapter 472.027 of the Florida Statutes. Oper.do'M. Suarez, P$tT Professional Surveyor arid State of Florida HADONNE CORP. Land Surveyors and Mappers Certificate of Authorization LB7097 1985 N.W. Bath Court, 5ulte 202 Doral, Florida 33172 305,266.118a phone 305.207.6845 Fax NOTE: Not valid without the signature and original raised sea; 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 NOTE is required by Rule 5J-17-05 of the Florida Administrative Code. JOB NUMBER; 13018 NOTE: Not full and complete without all pages. Total of Three (3) Pages Page 3 of 3