HomeMy WebLinkAboutExhibit Cd(101/
This instrument was prepared by and
when recorded return to:
Vicky Garcia -Toledo
Bilzin Sumberg Baena Price
& Axelrod LLP
1450 Brickell Avenue, Suite 2300
Miami, FL 33131
EMERGENCY VEHICLE ACCESS EASEMENT
On this 30 day of P.- 2013, 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
/1/14 S.W. 2nd Avenue, Miami, FL 33130, (hereinafter "City"), its successors and assigns, a non-
exclusive emergency vehicle easement ("Easement") for the ingress and egress of emergency
vehicles 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
and provided that the Grantor shall not erect or place any building or tree or other obstruction on
the above -described Property; however, Grantor shall have the right to improve the Property for
its own use and needs as long as it allows emergency vehicular access.
1. Grantor hereby represents that it is the fee simple owner of the Property.
MIAMI 3264869.4 79628/36967
Emergency Vehicle Access Easement
Page 2
2. Grantor may, for its own purposes, utilize the Property and shall retain a right of free
ingress and egress under construction, use, maintenance, relocation, add to and repair 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 and access for
emergency vehicle ingress and egress 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, at the Owner's
expense, and with the prior, written approval of the Director of the City of Miami Public Works
Department or his authorized designee, whose approval shall not be unreasonably withheld,
conditioned, or delayed, provided that the Emergency Vehicle Access Easement is no longer
needed for Emergency Vehicles , or is relocated elsewhere to a suitable site on the Property, as
applicable, as evidenced by a written document in recordable form executed by said Public
Works Director or his designee.
5. This Easement shall be recorded in the Public Records of Miami -Dade County, Florida
by the Grantor who will promptly furnish a recorded copy to the City of Miami Planning and
Zoning Director, 444 SW 2nd Av. 3rd Floor, Miami, FI. 33130-1910.
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 3264869.4 79628/36967
Page 2 of 4
Emergency Vehicle Access Easement
Page 3
IN WITNESS WHEREOF, the GRANTOR has executed this instrument on the '3O day of
14 cut
Signed, sealed and
delivered in the presence of:
Witnesses:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
, 2013
Resorts World Miami, LLC
By:
Print Name:Clnr►s
Its: r its i c&.¢r-)i-
The foregoing instrument was acknowledged before me this 3 0 day of
ti , 20 ra by Jll V -1-1 OI E`iood-e , on
behalf of the entity, who ( is personally known to me or () has produced
as identification.
NOTARY SEAL
Notary Public State of Florida
Paola Barrera
My Commission EE 837348
o„�u4 Expires 09/23/2016
MIAMI 3264869.4 79628/36967
NOTARY/PUBLIC, STAT OF FLORIDA
Printed Name
Page 3 of 4
EXHIBIT "A"
LEGAL DESCRIPTION: Emergency Vehicle Access Easement
A Emergency Vehicle Access 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 15.09 feet to the Point of Beginning of the hereinafter
described Emergency Vehicle Access Easement; thence N 89'51'40" E for 6.90 feet to a point of curvature; thence
Northeasterly and Northwesterly along a 70.00 foot radius curve leading to the left through a central angle of
169'00'56" for an arc distance of 206.49 feet to a point of reverse curvature; thence Northwesterly along a 25.00
foot radius curve leading to the right through a central angle of 79'00'56" for an arc distance of 34.48 feet;
thence S 00'08'20" E along said West line of Tract "A" and East right of way line of Herald Plaza for 163.26 feet
to the Point of Beginning.
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, and
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, LEA �Y,,b'KILES, INC., L
2
•
Daniel C. Fortin, For he Firm
Surveyor and Mapper, LS2853
State of Florida.
3653
Drawn By
MAP
Cad. No.
130221
Ref. Dwg.
2011-147
Plotted: 5/30/13 8:12a
LEGAL DESCRIPTION, NOTES & CERTIFICATION
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 flsQflssurvey.com
Date 2/18/13
Scale NOT TO SCALE
Job. No. 130222
Dwg. No. 1013-007-2
Sheet 1 of 3
EXHIBIT "A"
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OF
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12
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77
RIGHT OF WAY
ON
zcl
(NORTH -PLAT)
N00'08'20"141
15.09'
'WEST UNE OF TRACT "A'
dc EAST RIGHT OF WAY UNE
OF HERALD PLAZA
A=79°00'56"
R=25.00'
L=34.48'
N89°51'40"E
6.90'
POINT OF
BEGINNING
POINT OF
COMMENCEMENT
S.W. CORNER OF TRACT 'A"
INTERSTATE 395
(STATE ROAD NO. 836 E-W EXPRESSWAY)
0
GRAPHIC SCALE
30 60
120
( IN P 2A.1 )
1 inch = 80 ft.
l! U U A C
HERALD PARK
PLAT BOOK 121 PAGE 4
FORTIN, LEAVY, SKILES, INC.
DRAWING #2011-147
A=169°00'56"
R=70.00'
L=206.49'
CITY OF MIAMI 1
MONUMENT UNE
RIGHT OF WAY MAP - SECTION NO. 87200-000B - SHEET 3 OF 6 - DATED 10/23/09
(PUBLIC RIGHT OF WAY VARIES)
BISCAYNE BAY
Drawn By
MAP
Cad. No.
130221
Ref. Dwg.
2011-147
Plotted: 5/30/13 8:12a
SKETCH OF DESCRIPTION
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@fissurvey.com
Date 2/18/13
Scale
1 "=60'
Job. No. 130222
Dwg. No. 1013-007-2
Sheet 2 of 3
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EXHIBIT "A"
CC
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03
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NE 15th STREET NE 15th STREET
NE 14th STREET
NE 13th STREET
N. BAYSHORE DR.
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CC
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RESORTS
WORLD
MIAMI ONE
VENETIAN CAUSEWAY
INTERSTATE 3955
(STATE ROAD No. 1 Ai
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: 305-653-4-493 / Fax 305-651-7152 / Email fls@flssu vey.com.
Date 2/18/13
Scale NOT TO SCALE
Job. No. 130222
Dwg. No. 1013-007-2
Sheet 3 of