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Home My WebLink AboutExhibit BThis instrument was prepared by and when recorded return to: Vicky Garcia -Toledo Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, Suite 2300 fOlami, FL 33131 DRAINAGE EASEMENT On this 30 day of k. GUj 20 I? Resorts World Miami LLC, a Delaware limited liability company, f/k/a Bayfront 2011, LLC, having an address of 1501 Biscayne Boulevard, Miami, FL 33132 (hereinafter "Grantor") in and for the consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City of Miami, Florida, whose address is 444 S.W. 2nd Avenue, Miami, FL 33130, (hereinafter "City"), its successors and assigns, a non- exclusive drainage easement ("Easement") for the management and control of surface water and the drainage thereof under, over, and upon the following described real property ("Property") located in the City of Miami, Miami -Dade County, Florida, to -wit: SEE EXHIBIT "A" ATTACHED together with the right to construct, reconstruct, remove, relocate, maintain, operate, improve, add to, and repair such facilities and appurtenances in or on said Property which may be required for the full enjoyment of the rights herein granted further providing that the Grantor shall not erect or place any building or tree on the above -described Property. 1. Grantor hereby represents that it is the fee simple owner of the Property. MIAMI 3265420.4 79628/36967 Drainage Easement Page 2 2. Grantor may, for its own purposes, utilize the Property and shall retain a right of free ingress and egress under, over and upon the Property; provided that, in no event, shall any of the rights herein reserved to Grantor impede the Easement herein granted or the exercise of the rights of use thereunder. 3. The provisions of this Easement shall be binding on the parties hereto and their respective successors and assigns as a covenant running with and binding upon the servient estate. 4. This Easement shall be released, relocated or amended by the Grantor and with the prior written approval of the Director of the City of Miami Public Works Department or his designee, whose approval shall not be unreasonably withheld, conditioned, or delayed, as evidenced by a written document in recordable form. 5. This Easement shall be recorded in the Public Records of Miami -Dade County, Florida. 6. Venue in any legal or administrative proceedings between the parties shall be in Miami - Dade County, Florida. Each party shall bear their own attorney's fees. MIAMI 3265420.4 79628/36967 Page 2 of 4 Drainage Easement Page 3 IN WITNESS WHEREOF, the GRANTOR has executed this instrument on the "30 day of , 20 13 Resorts World Miami, LLC Signed, sealed and delivered in the presence of: By: Print Name: .Vhra -La�dQ Its: 64..xvA- Witness Print - : Jess-e 11/2-Aity2-rvo STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 36 day of Ka , 20t3 by 0-4-1 vinsliav7 C o c on behalf of tilde entity, who ( Is personally known to me or () has produced as identification. NOTARY SEAL •44,Notary Public State of Florida t+ Paola Barrera > r My Commleslon EE 837346 OF R6 Expires 09/23/2016 MIAMI 3265420.4 79628/36967 NOTAI Y PUBLIC, STATE OF FLORIDA Printed Name Page 3 of 4 EXHIBIT "A" LEGAL DESCRIPTION: 10' Wide Drainage Easement A ten (10) foot wide Drainage Easement across a portion of Tract "A", HERALD PARK, according to the plat thereof, as recorded in Plat Book 121 at Page 4, of the Public Records of Miami —Dade County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Tract "A"; thence N 00'08'20" W along the West line of said Tract "A", also being the East right of way line of Herald Plaza for 19.91 feet to the Point of Beginning of the hereinafter described centerline of the ten (10) foot wide Drainage Easement, being five (5) feet on each side of and contiguous with the following described center line; thence N 88'30'59" E for 97.11 feet; thence N 82'57'50" E for 183.90 feet; thence N 00'00'00" W for 163.96 feet; thence S 90'00'00" E for 23.02 feet to a point on the U.S. Harbor Line, Dade County Bulkhead Line, according to the plat thereof, as recorded in Plat Book 74 at Page 18, of said Public Records of Miami —Dade County, Florida, also being the Point of Termination. NOTE: Side lines of the foregoing strips of land are to be lengthened or shortened so as to create a continuous 10.00 foot wide strip of land. SURVEYOR'S NOTES: — This site lies in Section 31, Township 53 South, Range 42 East, City of Miami, Miami —Dade County, Florida. — Bearings hereon are referred to an assumed value of N 00'08'20" W for the East right of way line of Herald Plaza. — Lands shown hereon were not abstracted for easements and/or rights —of —way of records. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2011-147. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on February 18, 2013, meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTIN AV , SKILES, INC., 3653 Daniel C. In, •r'ihe Firm Surveyor and Mapper, LS2853 State of Florida. and Drawn By MAP Cad. No. 130221 Ref. Dwg. 2011-147 Plotted: 5/30/13 8:12a LEGAL DESCRIPTION, NOTES & CERTIF/CATIONi F ORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 2/18/13 Scale NOT TO SCALE Job. No. 130221 Dwg. No. 1013-007-1 Sheet 1 of 3 EXHIBIT "A" W uJ < 11I E7. � IQr r I ,Y 0 m° I- n. ER WAY • • • • • • • • • • • • • GRAPHIC SCALE 0 30 60 120 (IN FEET ) 1 inch Q 60 tt. T I A C 'Q57 HERALD PARK PLAT BOOK 121 PAGE 4 FORTIN, LEAVY, SKILES, INC. • • DRAWING #2011-147 • • • • yWEST UNE OF TRACT -A" / & EAST RIGHT OF WAY UNE ,( OF HERALD PLAZA • POINT OF BEGINNING N82°57'50"E • • • (NORTH -PLAT) N00'08'20 W S.W. CORNER OF TRACT "A* 19.91' N88°30'59"E " —POINT OF COMMENCEMENT POINT OF TERMINATION S90°00'00"E 23.02' 5.00' 5.00' -� N00°00'00"W. 163.96' CENTERLINE OF 10' WIDE DRAINAGE EASEMENT CITY OF MIAMI J MONUMENT UNE INTERSTATE 395 (STATE ROAD NO. 836 E-W EXPRESSWAY) RIGHT OF WAY MAP - SECTION NO. 87200-000B - SHEET 3 OF 6 - DATED 10/23/09 (PUBLIC RIGHT OF WAY VARIES) .Drawn By MAP Cad. No. 130221 Ref. Dwg. 2011-147 Plotted: 5/30/13 8:12a — f • • • • • SKETCH OF DESCRIPTION FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS:SURVEYORS & MAPPERS FLORIDA CER171<1CATE OF AUTHORIZATION NUA:BER 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flasurvey.com Date 2/18/13 Scale 1 "=60' Job. No. 130221 Dwg. No. 1013-007-1 Sheet 2 of 3 J +n z CC cn w a m .S. HIGHWAY No. 1) EXHIBIT "A" CC co> Qc � NE 15th STREET NE 15th STREET NE 14th STREET NE 13th STREET BAYSHORE DR. e) Rg�P� $31 \5 °' N N E. BAYSHORE PLACE VENETIAN CAUSEWAY RESORTS WORLD MIAMI ONE Q oo co U to INTERSTATE 395 (STATE ROAD No. 1-A) EASEMENT Drawn By MAP Cad. No. 130127 Ref. Dwg. 2011-147 Plotted: 5/30/13 8:12a LOCATION SKETCH FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th- Street /North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 2/18/13 Scale NOT TO SCALE Job. No.; 130221 Dirg, No. 1013-007-1 Sheet 3 of 3