HomeMy WebLinkAboutExhibit A07-PE.13
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
1000 N.W. 111 tt' Avenue
Miami, Florida 33172
October 26, 2012 - NE
Parcel No. : 817.1R (8-27-2014)
Item/Segment No. : 4180911
Managing District : 6
PERPETUAL EASEMENT
THIS EASEMENT Made the day of , 20 , by THE CITY OF MIAMI, a
municipality of the State of Florida, Grantor, whose address is 444 SW 2nd Avenue, 10th Floor, Miami, FL 33130, to
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors, whose address is 1000 NW
111TH Avenue, Miami, FL 33172 and assigns, Grantee.
WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable
considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its
successors and assigns, a perpetual easement (the "Easement") for the purpose of constructing and maintaining a
sidewalk to comply with ADA requirements and to install and maintain a signalization control panel, in, over, under,
upon and through the following described land in Miami -Dade County, Florida, and for no other purposes without the
prior written consent of the City Manager:
PARCEL 817: F.P. NO.418091-1
A portion of Lot 9 of REVISION OF KENILWORTH, according to the plat thereof, as recorded in Plat Book 5, Page
115, in the Public Records of Miami -Dade County, Florida lying and being in the Southwest one -quarter (SW 1/4) of
Section 3, Township 54 South, Range 41 East, and being described as follows:
COMMENCE at the Northwest corner of Lot 4 of said plat REVISION OF KENILWORTH, said point lying on the
South right-of-way line of State Road 968 (West Flagler Street), as shown on the Florida Department of
Transportation Right -of -Way Map, Section 87053, dated January 19, 1984, as recorded in Road Map Book 124, Page
25 of the Public Records of Miami -Dade County, Florida; thence N 87°44'08" E, along said South right-of-way line
of State Road 968, a distance of 356.05 feet to the POINT OF BEGINNING of the following described parcel:
Thence continue N 87°44'08" E along said South right-of-way line of State Road 968, a distance of 23.27 to the
beginning of a curve concave to the Southwest, having a radius of 15.00 feet, thence Southeasterly along the arc of
said curve for a distance of 35.04 feet, through a central angle of 133°50'50" to a point on the Northerly right-of-way
line of S.W. 22nd Avenue; thence S 41°34'57" W, along the Northerly right-of-way line of S.W. 22nd Avenue, a
distance of 20.66 feet to the beginning of a non -tangent curve concave to the Northwest, having a radius of 25.00 feet,
to which point a radial line bears S 54°33'20" E, thence Northeasterly along the arc of said curve, a distance of 7.57
feet, through a central angle of 17°21'23" thence N 28°10'48" W, a distance of 36.13 feet to the beginning of a non -
tangent curve concave to the Southeast, having a radius of 25.00 feet, to which point a radial line bears N 15°33'07"
E, thence Northwesterly along the arc of said curve, a distance of 7.77 feet, through a central angle of 17°48'59" to
the to the POINT OF BEGINNING.
Containing 656.0 Square Feet, more or less.
8/25/2014 Triangle Surveying & Mapping, Inc.
VA6 *i� �o 791,
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AS SHOWN ON EXHIBIT "A", LEGAL DESCRIPTION PARCEL 817,
AND ACCOMPANYING SKETCH, ATTACHED HERETO AND TO BE MADE A PART HEREOF
TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever.
During the existence of this Easement Grantee shall cause its agents, contractors and subcontractors
performing construction work within the Easement area to maintain comprehensive general liability insurance
providing for limits of amounts that are required by Grantee for the type of work and contract related thereto.
Grantor shall be named as Additional Insured and Certificate Holder in all such policies and Grantee shall
provide a current copy of such insurance certificate to Grantor; failure to do so shall constitute a material
breach of this Easement.
Grantee will indemnify and hold grantor harmless from any and all damages and/or liability, claims, demand,
actions and/or suits of any nature arising out of, relating to, or resulting from any negligent or wrongful act(s)
of grantee's, employees, or instrumentalities, acting within the scope of their office or employment, in
connection with the rights granted to or exercised by grantee hereunder, to the extent and within the limitation
of Section 768.28, Florida Statutes.
However, nothing herein shall be deemed to indemnify Grantor from any liability or claim arising out of the
negligent acts of Grantor, and nothing herein is intended to waive the sovereign immunity afforded to Grantee
pursuant to Florida law, including section 768.28, Florida Statutes.
REVERTER —If the Easement ceases to be used for the above described purpose all property rights shall
revert back to the Grantor.
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor,
and its seal to be hereto affixed, attested by its City Clerk, the date first above written.
CITY OF MIAMI,
A FLORIDA MUNICIPAL CORPORATION
ATTEST: BY:
TODD B. HANNON DANIEL J. ALFONSO
CITY CLERK CITY MANAGER
APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE
AND CORRECTNESS: REQUIREMENTS:
BY: BY:
VICTORIA MENDEZ ANN-MARIE SHARPE, DIRECTOR
CITY ATTORNEY RISK MANAGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of 20
by Daniel J. Alfonso, the City of Miami City Manager , who is personally known to me or who has produced
as identification.
2 of 6
(Signature of person taking acknowledgment)
(Type, print or stamp name under signature)
Title or rank and serial number, if any:
3 of 6
EXHIBIT "A"
LEGAL DESCRIPTION - PARCEL 817:
A portion of Lot 9 of REVISION OF KENILWORTH, according to the plat thereof, as recorded In Plat Book
5, Page 115, in the Public Records of Miami -Dade County, Florida lying and being In the Southwest
one -quarter (SW 1/4) of Section 3, Township 54 South, Range 41 East, and being described as follows:
COMMENCE at the Northwest corner of Lot 4 of sald plat REVISION OF KENILWORTH, said point lying on
the South right-of-way line of State Road 968 (West Flagier Street), as shown on the Florida
Department of Transportation Right -of -Way Map, Section 87053, dated January 19, 1984, as recorded in
Road Map Book 124, Page 25 of the Public Records of Miami -Dade County, Florida; thence
N 87°44'08" E, along said South right-of-way line of State Road 968, a distance of 356.05 feet to the
POINT OF BEGINNING of the following described parcel:
Thence continue N 87°44'08" E along said South right-of-way line of State Road 968, a distance of
23.27 to the beginning of a curve concave to the Southwest, having a radius of 15.00 feet, thence
Southeasterly along the arc of said curve for a distance of 35.04 feet, through a central angle of
133°50'50" to a point on the Northerly right-of-way line of S.W. 22nd Avenue; thence 5 41°34'57" W,
along the Northerly right-of-way line of S.W. 22nd Avenue, a distance of 20.66 feet to the beginning of
a non -tangent curve concave to the Northwest, having a radius of 25.00 feet, to which point a radial
line bears S 54°33'20" 6, thence Northeasterly along the arc of said curve, a distance of 7.57 feet,
through a central angle of 17°21'23" thence N 28°10'48" W, a distance of 36.13 feet to the beginning
of a non -tangent curve concave to the Southeast, having a radius of 25.00 feet, to which point a radial
line bears N 15°33'07" E, thence Northwesterly along the arc of said curve, a distance of 7.77 feet,
through a central angle of 17°48'59' to the to the POINT OF BEGINNING.
Containing 656.0 Square Feet, more or less.
GENERAL NOTES:
- THIS IS NOT A SURVEY
- Reproductions of this map are not valid without the signature and the original raised seal of the
Florida Licensed Surveyor and Mapper in responsible charge.
- Lands shown hereon were not abstracted by this office for rights of way, easement of record
ownership, abandonments, deed restrictions, or Murphy Act Deeds, This information should be obtained
through appropriate verification.
- The Bearings shown hereon are referenced to the Baseline of Survey of State Road 968 (W Flagler
Street) having a bearing of N 87°44'01" E as shown on the Florida Department of Transportation
Protect Network Control for said State Road 968 prepared by PBS&J, Inc., Project No. 418091-1-52-01
Dated August 13, 2009,
- Dimensions shown were taken from record documents unless otherwise shown or stated.
- Parcel dimensions are calculated based on digital design files provided by FOOT/ HNTB.
- Additions and/or deletions to survey maps, sketches or reports by any party other than the signing
party are prohibited without the written consent of the signing party.
- Owner's name and parent tract gross area were taken from Miami -Dade County Property Appraiser
office website (www.miamidade,gov/pa).
This document consists of two (2) sheets
and shall not be considered full, valid,
and complete unless each sheet (s attache
to the other.
LIPT
d FESSIQN�IL';SiffIVEYOI A P MA PER
F _ RiDAt gItHN.SE NO,
a •.. ,.
FLORIDA DE�I�L�'1 N:i)tQ .Tf�ANSPORTATION
....
SKETCH TO AC�I.,PR9'(�tl`_EGAL DESCRIPTION
r
STATE ROAD NO. 968
MIAM1-DADE COUNTY
Updated
1P
10103,20.12
DRAWN
BY
MIR
DATE
08/08I12
PREPARED BY: 1RIAliGte
NW 64 flV00N AND MAPPING, RIC
616141, EL 33166 11673601
DATA SOURCE:
SEE GENERAL NOTES
REVISION
BY
DATE
CHECKED
IL
08/21112
F.P. NO, 418091.1.32.03 SECTION 87053
SHEET 1 OF 2
6g5r7014 1,51,l4 P°
11,
4 of 6
5
s
5
S
5
5
a
PARCEL NO.
OWNER'S NAME
PARCEL AREA
REMAINDER
COMMENTS
817
CITY OF NIIAMI-DEPT OF P&D
ASSET MANAGEMENT DIVISION
656.0 SQ.FT.
1.554 AC.
Remainder
67,709 SQ.FT.
LEGEND:
1 - Baseline
Q - Centerline
A - Curve Delta Angle
Parcel Identification
Number
AH - Ahead
BK - Back
(C) - Calculated m
EXIST.. Existing
FDOT - Florida Department
of Transportatior'.
F.P. - Financial Project
L - Length
NO. - Number
P.B. - Plat Book
PG, - Page
PI - Point of Intersection
IL • Property Line
(R/1/) - From Right of Way
Map
R - Radius
RGE. - Range
RT- Right
R/W - Right of --Way
SEC. - Section
STA. - Station
TWPP. - Township
STATE ROAD 968 (W FLAGLER ST.)
380 SECTION 87053 381
EXHIBIT "A"
(P.B. 124, PG. 25) r '1 OF SURVEY
N8i°44'01"E t r I
CENTER OF
StC. 3,
T1P, 54 S,
RGE. 41 E
Q OF W FLAGLER
N 87°44'08" E
23.27'
POINT OF BEGINNING
EXIST. SOUTIi 380+98.12
40.02'(RT)
__1N R87°44'08° E R = 25.00'
356.05'(C) L = 7.77.
POINT OF 381+05.77
COMMENCEMENT
NW CORNER OF LOT 4
377+42.06
40.01`(RT)
4-8
This document consists of two (2y sheets
and shall not be considered full, valid,
and complete unless each sheet is attached
to the other.
10-15
A = 17°48'59"
41.21'(RT)
RADIAL BEARING
N 15°33'07' E
N 28°10'48" W
36.13' 381+21.56
9
e7Qy
REVISION OF KENILWORTH
(P,B. 5, PG. 115)
73.7 1'(RT)
R = 25.00'
L = 7.57'
A = 17°21'23"
ti
381+21.39
40.02'(RT)
R = 15.00'
L=35.04'
A = 133°50'50"
381+32.21
65.41'(RT)
5 41°34'57° W
20.66'
ro�
381+17.9 . ">b`
80.31'(RT) `I' ��
RADIAL BEARING ''
S 54°33'20' E Gs." 1'
THIS IS NOT A SURVEY
0
15
30
LIJ
1
60
i STA;382+38,99
4S, RGE.41E
90
Scale_ 1' = 30'
FLORIDA DEPARTMENT OF
TRANSPORTATION
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
STATE ROAD NO. 968
MIAMI-DADE COUNTY
Area ❑4P
08/25/2014
at
DAT_
UPd&ted
JP
10,'0312012
DRAWN
Mg;
OWDE/12
PREPARED aY, TNANG1.5 SURVET[AG A1J PASP?ING. DPC
290 tat Ea STREET
s Disc (LCIi"Ui
DATA SOURC--i
SEE GENERAL NOTES ON SHEET
REV'S'Ok
BY
DATE
CHECKED
IL
OS/21 12
F.P. NO. 418081-1-32-03 SECTION 87053
SHEET 2 OF 2
ags/7014 5.5 i5 Pr its
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
1000 N.W. 111 ti' Avenue
Miami, Florida 33172
October 26, 2012 - NE
Parcel No. : 817.1 R (8-14-2014)
Item/Segment No.: 4180911
Managing District : 6
RESOLUTION
ON MOTION of Commissioner , seconded by Commissioner
, the following Resolution was adopted:
WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 968,
Section No. 418091-1, in Miami -Dade County, Florida: and
WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami, Florida, be acquired
by the State of Florida Department of Transportation: and
WHEREAS, said use is in the best interest of the City: and
WHEREAS, the State of Florida Depact<nent of Transportation has made application to said City to execute and deliver
to the State of Florida Department of Transportation a perpetual easement, or easements, in favor of the State of Florida
Department of Transportation for the of constructing and maintaining a sidewalk to comply with ADA requirements and to install
and maintain a signalization control panel, and said request having been duly considered.
NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of The City of Miami, Florida, that the
application of the State of Florida Department of Transportation for a perpetual easement, or easements, is for transportation
purposes which are in the public or community interest and for public welfare; that a perpetual easement, or easements, in favor
of the State of Florida Department of Transportation in Miami, Florida, should be drawn and executed by this Board of City
Commissioners. Consideration shall be $
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida
Department of Transportation at Tallahassee, Florida.
STATE OF FLORIDA
CITY OF MIAMI
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of
Miami, Florida, at a meeting held on the day of , 20 .
ATTEST: The Board of City of Miami, Florida,
By its Board of City Commissioners
Clerk (or Deputy Clerk) of the Circuit Court
(Affix County Seal) By.
Its Chair (or Vice -Chair)
(Address)
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