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HomeMy WebLinkAboutExhibit ATax Folio Number: 01-3123-046-0020 Agmt ID: 20989 GRANT OF EASEMENT THIS INDENTURE, made this day of , 2014, 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 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 condition. 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. kie 44:)- 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 Daniel J. Alfonso,' 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 , 2014 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 SE 1/4 OF SECTION 23, TOWNSHIP 53 SOUTH, RANGE 41 EAST MIAM!-DADE COUNTY NOT TO SCALE EXHIBIT "A" WB-2013-002 FOLIO: 01-3123-046-0020 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. 13OTE& I. THIS IS NOT A SURVEY. 2. EEPRIN S SHOWN HEREON ARE BASED ON AN ASS MED M32IDIAN ALONG TI-E NORTH RIGHT OP WAY LINT OF NW. 36TH S i umi, S67.4Zl9'W AS SHOWN DAAC6 IS4810,1 BENIGNO J. SUAREZ LMWD SURVEYOR & MAPPER 4170 S,W.152ndPATH, MIAMI,FLORIDA 33105 PH:(305)807.8319 Emalf:benysuare2@lnsn.com, ABBREVIATIONS SYMBOL DEFINITION g. CENTERLINE FL PROPERTY LINE R/W RIGHT—OF—WAY P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.O.T. POINT OF TERMINATION O.R.B. OFFICIAL RECORD BOOK PB. PG. MOORE PARK MDWASD WATER EASEMENT GENERAL LOCATION MAP PLAT BOOK PAGE J UARE2 PROFESS AL SURVEYOR & NAPP.S.U. LS 6553 STAVE • FLORH A DATE; 10/03/2013 ',Al F. N.tS JOB We, r1LE SHEET 1 or ( SN EASEMENT -I LEGAL DESCRIPTION EXHIBIT"A" A Water Easement for Miami —Dade Water & Sewer Department, that is a Portion of the S.E. of Section 23, Township 53 South, Range 41 East of the Public Records of Miami —Dade County, Florida; being more particularly described as follows; Commence at the SE. corner of the Tract "B of "MOORE PARK'; as per Plat Book 86, at Page 45, of the Public. Records of Miami —Dade County, Florida; thence run along the South Line of said Tract "B , that is also the North Right —of —Way Line of N. W. 36th Street S87°42'19"W for a distance of 606.47 feet to a point; thence run NO2° 17'41 "W for a distance of 501.31 feet to the POINT OF BEGINNING of a MD—WASD Water Easement; thence run S8740'46"W for a distance of 6.21 feet to a point; thence run S45`01 '00 "W for a distance of 7.89 feet to a point; thence run N44°59'00 "W . for a distance of 16.15 feet to a point on the East Line of existing MD—WASD Easement as per O.R.B. 27821, Pg. 3040 of the Public Records of Miami —Dade County, Florida; thence run along said East Line of existing MD—WASD Easement, N38°32'12'E for a distance .of 2.13 feet to a point; thence run N8736'29 "E for a distance of 11.33 feet to a point; thence run NO2° 17'56 "W for a distance of 3.84 feet to a point; thence run N87°40'46'E for a distance of 10.23 feet to a point; thence run S02° 19' 14 "E for a distance of 12.00 feet to the POINT OF BEGINNING; containing an area of 234 square feet. WB-2013-002 Dore BENIGNO J. SUAREZ LAND SURVEYOR & MAPPER 4170 S.W.152ndPATH, MIAMI, FLORIDA 33185 PH:(305J80T•0319 Emall:benysnarez(amsn.eam, MOORE PARK MDWASD WATER EASEMENT -I LEGAL DESCRIPTION MI BY: B.J.S. CHECKED BY: B.J.S. BEICRIO '•AREZ PROFE PROFES -.. AL SJRVEYOR STAY • fLOVOA DATE: 1D/03/2013 ar+c• N.T.S. JOB No,: FILE SHEET 2 or 7 smas EXHIBIT "A" A PORTION OF THE SE 1/4 OF SECTION 23, TOWNSHIP 53 SOUTH, RANGE 41 EAST MIAMI-DADE COUNTY 12' EASEMENT (P.B. 86, PG.45) 12' EASEMENT (0.R.B.27821-3040) / NO2`17 56 h1 / 3.84' // N87`3612 j'E ,Q� !� Q / }}�3 pQ-��, //N38`32112"E �Fs 2.13' Q / N.e4y61 I %`. 0p 4Y/. z / J� 1 n 1 N44`59&00TW 16. 5' 1::)m I S45'01'00"1�j1 7.89' o I S87'40'46 12' EASEMENT (P.B. 86, PG.45) TRACT "B" "MORE PARK" (P.B. 86, PG.45) R/W °AT! NORTH RIGHT OF WAY LINE OF N.W. 36th' STREET I — r N87'40'46"E 10.23' S0219'14"E 12.00' POINT OF BEGINNING TRACT "B" "MORE PARK" (P.B. 86, PG.45) S87°42'19"W (BASIS OF BEARING) POINT OF COMMENCEMENT S.E. CORNER OF TRACT "B" OF "MOORE PARK" (P.B.86, PG.45) N.W. 36th NOTES I. THIS IS NOT A SIRVEY'. 2 6e.ARIN4 S SHOWN HEREON ARE SASE" ON AN ASSUVa3 W621131AN ALONG T1-M NORTH RIGHT 0:= WAY LINE 0= NW, 36TH S I4=1, 687'42141/ AS SHOWN. BENIGNO J. SUAREZ LAND SURVEYOR & MAPPER 4170 S, W.152nd PATH, MMAM7, FLORIDA 33185 Pl;(305)807.83f0 Erna: kenysuarez van.c°m, STREET SOUTH LINE OF SECTION 23-53-41 N.W. 8th AVENUE MOORE PARK MDWASD WATER EASEMENT -I PLAN OEMCNO dAflEZ EH SURVEYOR d: OPP P.R.);LS 0593 STATE FLORIDA 606.47' R/W WB-2013-002 DRAM BY. B.J.S. CHECKED DATE: 10/03/2013 STALE H.T.S. JOB N°.: FILE SHEET 3 OF 7 SHEETS EASEMENT-Ii LEGAL DESCRIPTION EXHIBIT "A" A Water Easement for Miami —Dade Water & Sewer Department, that is a Portion of the S.E. 4 of Section 23, Township 53 South, Range 41 East of the Public Records of Miami -Dade County, Florida; being more particularly described as follows: Commence at the S.E. corner of the Tract "8" of "MOORE PARK", as per Plat Book 86, at Page 45, of the Public Records of Miami —Dade County, Florida; thence run along the South Line of said Tract "B'; that is also the North Right —of —Way Line of N. W. 36th Street S87°42'19"W for a .distance of 583.16 feet to a point; thence run NO2° 17'41 "W for a distance of 514.83 feetto the POINT OF BEGINNING of a MD—WASD Water Easement; thence run S8740'46"W for a distance of 33.57 feet to a point on the East Line of existing MD—WASD Easement as per O.R.B. 27821, Pg. 3040 of the Public Records of Miami —Dade County, Florida; thence run along said East Line. of existing MD—WASD Easement, NO2°17'56"W for a distance of 2.60 feet to a point; thence run N8736'29"E for a distance of 5.07 feet to a point; thence run N01 °33'37"W for a distance of 9.39 feet to a point; thence run N87°40'46"E for a distance of 28.37 feet to a point; thence run S02° 19' 14 "E for a distance of 12.00 feet to the POINT OF BEGINNING; containing an area of 355 square feet. WB-2013-002 DA1 BENIGN() J. SUAREZ LAND SURVEYOR & MAPPER 4f70 S.W.152nd PATH, MIAMi, FLORIDA 33185 PH:(305)807 83t9 Email: benysuarez@msn.com, MOORE PARK MDWASD WATER EASEMENT -II LEGAL DESCRIPTION DRAWN BY B.J.S. CHECKED BY: B.J.S. BENIOND SUAREZ PROPE AL SURVEYOR h U P.S.I. IS 6585 STATE OP FLORIOA DATE 10/03/2013 qr. P. N.T.S. JDB Ho.: FILE SHEET 4 OF 7 SHEETS ° EXHIBIT "A" A PORTION OF THE SE 1/4 OF SECTION 23, TOWNSHIP 53 SOUTH, RANGE 41 EAST MIAMI-DADE COUNTY 12' EASEMENT (P.B. 86, PG.45) 12' EASEMENT (0.R.B.27821-3040) / N01 °33'�3 7"W �� �`"�j'1 / / 19.39' U QQ' O• N87'36'29'"E Kce Q / 5.pp7 's CO' / NO2°17'56"W-- / F. 2.60'• •a Qej• A (0 shy 61 zo I F ( I QN wN Qm I CV 0 I 0 12' EASEMENT (P.B. 86, PG.45) TRACT "B" "MORE PARK' (P.B. 86, PG.45) R/W NOTES, I. THIS IS NOT A SLRVEY. 2, BEARINGS S-IOWN FFa2EON ARE BASED ON AN ASSLN.I) MERIDIAN ALCI S TFE NORTH RIGHT OF WAY LIFE OF N.W. 36T1-I Si;14=, SS7.4219W AS SdOWN. zc� QC°. won N87�40' 28 37' 0 r' N0 N S87'40'46"W 33.57' NORTH RIGHT OF WAY LINE OF N.W. 36th STREET N.W. 141 03 cV O z POINT OF BEGINNING TRACT "B" "MORE PARK" (P.B. 86, PG.45) 583.16' S87°42'19"W (BASIS OF BEARING) POINT OF COMMENCEMENT S.E. CORNER OF TRACT "B" OF "MOORE PARK" (P.B.86, PG.45) 36th STREET SOUTH LINE OF SECTION 23-53-41 N.W. 8th AVENUE R/W cn 0 W8-2013-002 DAM IMOSION BENIGN() J. SUAREZ LAND SURVEYOR & MAPPER 4170 5,W.152nd PATH, MIAMI FLORIDA 33185 PH:(305)807.8319 Emell: benysusrez@Jnsn,com, MOORE PARK MDWASD WATER EASEMENT -II PLAN DRAYS BY: B,J.S. BENICNO -MARE PROFESS AL SURYEITIR it MAPS a' P.SIA. RS UST S STATE OF fulUDA C1-ECKED DATE: 70/0/2OI3 snu E• N.T.S JOB N°.: FIRE SHEET 5 OE 7 SHEETS EASEMENT -III LEGAL DESCRIPTION EXHIBIT "A" A Water Easement for Miami —Dade Water & Sewer Department, that is a Portion of the S.E. 4 of Section 23, Township 53 South, Range 41 East of the Public Records of Miami —Dade County, Florida; being more particularly described as follows: Commence at the SE. corner of the Tract "B" of "MOORE PARK", as per Plat Book 86, at Page 45, of the Public Records of Miami —Dade County, Florida; thence run along the South Line of said Tract "B", that is also the North Right —of —Way Line of N.W. 36th Street 58742'19"W for a distance of 602.73 feet to a point; thence run . NO2° 17'41 "W for a distance of 534.28 feet to the POINT OF BEGINNING of a MD—WASD Water Easement; thence run S8740'46"W for a distance of 8.70 feet to a point on the East Line of existing MD—WASD Easement as per O.R.B. 27821, Pg. 3040 of the Public Records of Miami —Dade County, Florida; thence run along said East Line of existing MD—WASD Easement, NO1'33'37"W for a distance of 12.00 feet to a point; thence run N87'40'46"E for a, distance of 8.54 feet to a point; thence run 502' 19' 14 "E for a distance of 12.00 feet to the POINT OF BEGINNING; containing an area of 103 square feet. BENIGN() J. SUAREZ LAND SURVEYOR & MAPPER 4170 S.W. 152nd PATH, MiAM1, FLORIDA 33185 PM(305)807.8310 Email: banysuarez©li1sn.com, MOORE PARK MDWASD WATER EASEMENT -III LEGAL DESCRIPTION 63TIOS1.V J. MEL PRO5E95 AL SURVEYOR & MAPP P.S.M. LS 05E3 STA fLORIOA WB-2013-002 MAHN BY.' B.J.S. CHECKED BY: B.J.S. DAME: 10/03/2013 SCALE N,T.S. JOB Noa FILE SHEET 6 0E 7 SHEETS EXHIBIT "A" A PORTION OF THE SE 1/4 OF SECTION 23, TOWNSHIP 53 SOUTH, RANGE 41 EAST MIAMI-DADE COUNTY 12' EASEMENT (P.B. 86, PG.45) 12' EASEMENT (O.R.B.27821-3040) / "W " / N01 `33 i37 / 112.00' I G� Q\ IA //S87'40'46"W e / B.70' T\o�,JT / 0 N 12' EASEMENT (P.B. 86, PG.45) TRACT "B" "MORE PARK" (P.B. 86, PG.45) R/W NOTES I. THIS IS NOT A SURVEY. 2 BEARINGS SHOWN F;32EO,N ARE EASED cN AN ASSUMED WaRIDIAN ALONG TI-E NORTH RIGHT OF WAY Lira OF 'LW, S6TH Sttr=t, $87•11219•W AS SHOWN. rJ '1 N 12 1 N 0 Z NORTH RIGHT OF WAY LINE OF N.W. 36th STREET N.W. OATS RmRstON BENIGNO J. SUAREZ LAND SURVEYOR & MAPPER 4170 S.W.. f52nd PATM, MIAMI, FLORIDA 23185 P11:(305)807.6319 Ema1l:benysaarez@msn,com, S87"40'46"W 8.54' EASEMENT -III S02`19'14"E 12.00' POINT OF BEGINNING TRACT"B" "MORE PARK" (P.B. 86, PG.45) S87°42'1 S"W 602.73' (BASIS OF BEARING) POINT OF COMMENCEMENT S.E. CORNER OF TRACT "B" OF "MOORE PARK" (P.B.86, PG.45) 36th STREET OUTH LINE OF SECTION 23-53-41 N.W..8th AVENUE MOORE PARK MDWASD WATER EASEMENT -III PLAN BEN • 0 • SUAREL PROPES ` OHAL SAVEYOR k :'ER P.S.U. LS 8583 STA ' FLCRIOA R/W w 91 0 W13-2013-002 °RAVIN BY: S..LS *NECKED Bri S.J.S. DAZE: 1D/03/2013 ccu " J0B N04 FILE SHEET 7 OF 7 SHEETS