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Home My WebLink AboutExhibit AThis instrument prepared by and shall be returned to: Victoria Mendez, City Attorney City of Miami 444 SW 2nd Avenue, Ste. 945 Miami, FL 33130 • EXHIBIT "A" TERMINATION AND MODIFICATION OF EXISTLNG UTILITY EASEMENT AGREEMENT THIS TERMINATION AND MODIFICATION OF EXISTING UTILITY EASEMENT AGREEMENT (the "Agreement") is entered into as of this day of , 2014, by and between JOSE ANTONIO RODRIGUEZ AND SANDR.A RODRIGUEZ F/K/A SANDRA. ORTIZ, as husband .and wife, ("Grantor"), whose address 498 SW 27th Road, Miami, FL, 33129, and the CITY OF MIAMI, a Florida Municipal Corporation its successors and assigns ("Grantee"), whose address is 444 SW 2nd Avenue, Miami, FL, 33130. WITNESSETH: WHEREAS, Grantor is the owner of that certain real property legally described as Lots 1 and 2 in. Block 61 of First Addition to Brickell Hammock, Unit No. 1, according to the plat thereof, as recorded in Plat Book S, at Page 89, of the Public Records of Miami -Dade County, Florida, ("Grantor's Parcel"). WHEREAS, Grantee is the current holder of a 12 foot wide utility easement abutting the southwesterly boundary line of Grantor's Parcel (the "Existing Easement Parcel"); WHEREAS, Grantor and Grantee desire to terminate a portion of the Existing Easement Parcel; as legally and graphically depicted in attached Exhibit "A"; and WHEREAS, Grantor and Grantee desire to maintain a portion of the Existing Easement Parcel as a utility easement to be retained by Grantee for the purpose of installing, maintaining, and repairing utilities currently placed, or to be placed in the future, (the "Modified Easement Parcel") as graphically depicted in attached Exhibit "A" as Existing Easement. NOW, THEREFORE, in consideration of the mutual promises herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Modification and Partial Termination of Existing Easement. All rights relating to the utility easement, regarding that portion of the northerly 5 feet of the Existing Easement Parcel, as legally and graphically depicted in Exhibit "A", shall be automatically terminated and of no further force or effect upon the execution of this Agreement. 41 /'// 3. Non -Exclusive Perpetual Utility Easement. This document shall only be construed to maintain a non-exclusive perpetual utility easement over the Modified Easement Parcel. This easement is assignable without the prior written consent of Grantor to a successor utility company providing public utility services; otherwise, Grantor's written consent shall be required. Grantee shall promptly restore any landscaping damaged by Grantee's use of the easement area, to its preexisting condition. This easement shall terminate if the easement area is abandoned or if Grantee attempts to utilize the easement for any other purpose. 4. Covenants Running with the Land. It is intended that the terms, conditions, covenants, easements, rights, obligations and burdens set forth in this Agreement shall run with the title to Grantor's property. Accordingly, this Agreement shall be binding upon the fee simple owners from time to time of the Grantor's Parcel. 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties with respect thereto. 6. Counterparts. This Agreement may be executed in any number of counterparts and by the separate parties hereto in separate counterparts, each of which when taken together shall be deemed to be one and the same instrument. 7. Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. All of the parties to this Agreement have participated fully in the negotiation of this Agreement, and accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and reference to any particular gender shall be held to include every other and all genders. 8. Severability. In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed in full force and effect. 9. Exhibits. All of the Exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement. 10. Representations by Grantor and Grantee. Grantee and Grantor represent and warrant to each other that each has full right, power and authority to execute this Agreement, and that each has obtained any required prior consent or approval. All other parties which ave any interest in the Existing Easement Parcel have consented to, and/or approved, the modification of the partial termination of the Existing Easement Parcel as described herein. 11. Enforcement. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity, with the prevailing party in any such action entitled to reimbursement of reasonable attorneys' fees and costs incurred at trial and all appellate levels. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. GRANTOR: Jose Antonio Rodriguez and Sandra Rodriguez, as husband and wife (Signature of Witness) Jose Antonio Rodriguez (Print/Type of Witness) (Signature of Witness) (Print/Type name of Witness Sandra Rodriguez GRANTEE: The City of Miami, a Florida Municipal Corporation By: Name: Title: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this _day of , 2014, by , who is personally known to me or who has produced as identification, and who did (did not) take an oath. (Signature) (Print/Type) Notary Public in and for the County and State last aforesaid, My Commission Expires: APPROVED AS TO PUBLIC WORKS REQUIREMENTS: Director or Designee Public Works APPROVED AS TO ACCEPTANCE OF EASEMENT RELOCATION: Daniel J. Alfonso City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez City Attorney SKETCH AND LECIMIDI DESCREPT-V.MT The Neasterly 5.0' of the Westerly 75.10' of a 12.00' Alleyway , Bounded by the SEeasterly Right -of -Way of SW 5th Avenue, said 12.00' Alleyway Closed by Res. # 72-783 , in Block 61 the "FIRST ADDITION TO BRICKELL HAMMOCK- UNIT NO. 1", according to the Plat Thereof as Recorded in Plat Book 8, Page 89, of the Public Records of Miami -Dade County, Florida. Containing approximately 526 square feet. Southwest 5th Avenue 75' R/W Dedicated as per Plat Book 8-89 SELY fl/W of SW 5th AVE 37.50' PROPERTY ADDRESS: 498 Southwest 27th Road Miami, Florida 33129 JOB # 14-670 A DATE 09-17-2014 PB 8-89 Southwest 27th Road 75' R/W Dedicated se per Flat Book 8-89 E'^ -. •••- N450045'W i 1`5 .'2. R=25.00 T=24.99 D-8959'15' 5' SWLK 100.00' Lot 1 of Block 61 Lot 2 of Block 61 FIRST ADDITION TO FIRST ADD117O14 TO BRICKELL BRICKELL HAMMOCK -UNIT NO.1 HAMMOCK-UN}T N0.1 75.10' NELY Line of A y �,4 75.10' 12' Alley -Closed by Roe. 72-783ffzzio— 24.90' A /t EXHIBIT "Aft Denotes Exalting Easement Denotes Termination of Easement Lot 3 of Block 61 FIRST ADDITION TO BRICKELL. HAMMOCK -UNIT NO.1 Mj12' Alley -- 100.00' 84500'45E Lot 1, Block 27 SWLY i of Alley Lot 2, Block 27 Lot 3 Block 27 Brickell Hammock PB 17-5t • Stickel Hammock PB 17-51 Mickel Hammock PB 17-51 AFA Company, Inc Professional Surveyors & Mappers LB 7498 1.3050 S.W. 133rd Court , Miami Florida, 33186 E-mail: afaco@bellsouth..net Ph. # (305) 234-0588 Fax # (206) 495-0778 This certifies that the sketch & legal description of the property described hereon was made under my supervision & that the sketch & legal description tneets the minimum technical standards setfortlt by the Florida Beard of Professional Land Surveyors & Mappers in Chapter 51-17.050 of Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. That the Sketch hereon is a true and accurate representation thereof to the best dray knowledge and Relief, subject to notes and notations shown hereon. nt tdo F: Alvar Prole .dial arveyor & per d5526 Slate of P ida Not Valid Wars Seller/ & Sbmsped with Embossed Seat