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Home My WebLink AboutExhibit AThis Instrument Prepared by Miami City Attorney Victoria Mendez 444 S.W. 2nd Avenue Miami, Florida 33130 GRANT OF EASEMENT THIS INDENTURE, made this day of 2015, between THE CITY OF MIAMI, a municipal corporation of the State of Florida, (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, FL 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 consideration, 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 and privilege of a non-exclusive water easement on the property of the GRANTOR, shown and described on EXHIBIT "A" attached hereto and made a part hereof, (hereinafter called the "FACILITIES" or "EASEMENT") to construct, install, operate and maintain water facilities, with the right to reconstruct, improve, change, and remove all or any of the facilities within the easement, with the full right of ingress thereto and egress therefrom on the express condition that it is used for the express purposes provided herein; The GRANTEE shall regulate the installation and future operations of the FACILITIES so as not to conflict with normal operations of the GRANTOR; however, the GRANTEE shall have full right to enter upon the EASEMENT at any time when normal operations or emergency repairs of the FACILITIES are required. %Z /f-3 S-7c- 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 EASEMENT shall: (1) indemnify the GRANTOR and the GRANTEE for negligent, willful or intentional acts or omissions of the contractor and its subcontractors in connection with any activities undertaken on the Easement and (2) obtain and provide to GRANTOR evidende of comprehensive general liability insurance and auto liability insurance with minimum limits of coverage in the amount of $1,000,000.00 per occurrence, bodily and property damage combined and (3) list GRANTOR and GRANTEE, as additional insured under such contractor's liability insurance. The GRANTOR shall be given written notice and the opportunity by the GRANTEE to attend all preconstruction meetings on installation work of the FACILITIES within the EASEMENT and shall be notified in writing well in advance of the actual start of construction within the EASEMENT. It is further understood and agreed by and between the parties hereto that GRANTOR reserves itself, its heirs and assigns, all other rights not specifically granted herein, including but not limited to the right to construct streets, cross and recross said EASEMENT, and the right to erect light or telephone lines or any other improvements which do not hinder the operation of the FACILITIES by the GRANTEE on an ongoing basis. 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 asphalt pavement, concrete sidewalks, curb and gutter, and grass to a condition to be the same or better than the 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 2 easement that may be granted by the GRANTOR. Should the EASEMENT be abandoned or discontinued by law or otherwise, or no longer of use for the purposes provided herein or if the GRANTEE does not comply with any term, covenant or condition of this instrument, the said EASEMENT shall cease and revert with the right of immediate possession and right of entry to the GRANTOR or its successors in interest. The GRANTOR does hereby affirm that it has full power and authority to grant this EASEMENT and GRANTEE accepts the property in "as is" condition. All notices, requests, consents and other communications required or permitted under this EASEMENT shall be in writing (including telex and telegraphic communications) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, teleconununicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, or sent by any fora of overnight mail, addressed to: TO GRANTEE: Miami -Dade County Director Department of Water and Sewer P.O. Box 330316 Miami, Florida 33233-0316 TO GRANTOR: CITY OF MIAMI City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 WITH COPIES TO: City of Miami City Attorney 444 SW 2 Avenue, Suite 945 Miami, FL 33130 City of Miami Director of Real Estate and Asset Management 444 SW 2 Avenue, Suite 325 Miami, FL 33130 3 or to such other address as any party may designate by notice complying with the terms of this paragraph. Each such notice shall be deemed delivered (1) on the date delivered if by personal delivery; (2) on the date telecommunicated if by telegraph; (3) on the date of transmission with confirmed receipt if by telex, telefax or other telegraphic method; (4) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (5) one day after mailing by any form of overnight mail service. Any disputes between the parties under this instrument will be resolved in accordance with the Florida Governmental Conflict Resolution Act, Ch. 164, Fla. Stat., as amended from time to time. [Signatures appear on next page] 4 IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in its name on the day and year first above written. Attestation of this EASEMENT by the City Clerk shall constitute evidence of approval by the City of Miami. CITY OF MIAMI, a municipal corporation of the State of Florida By: Daniel J. Alfonso City Manager ATTEST: Todd B. Hannon City Clerk APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Victoria Mendez City Attorney Ann Marie Sharpe, Risk Management Director Risk Management Department 5 EXHIBIT "A" LEGAL DESCRIPTION AND SKETCH 6 ` EW-/1HI1, "/L" t �7rr � L ��?7L�/��TlT110:x -- ------- M.[).W.A.S.D. EASEMENT LOCATION MAP AP0RTkON{}FTRACT"A"{)FM0RN|N(5S0E8AYFRONTPARK "ACOOR0NGTDTHE PLAT THEREOF AS RECORDED IN PLAT BOOK 60 PAGE 73 OFTHE PUBLIC RECORD OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PART/CULARYDESCRIBED ASFOLLOWS: COMMENCING ON THE SOUTHWEST CORNER OF GOVERNMENT LOT 9 OF SEC. 19, TWP� 63, RGE 62 E� THENCE RUN N87057'21"E ALONG THE SOUTFIERLY LINE OF SAID GOVERTMENTLOT 9 FOR A DISTANCE OF:747.05 FEET TO A POINTOF INTERSECTION WITI-ITIdE WEST BOUNDARY LINE OF SAID TRACT"A"; THENCE S02^28'5O"VVFOR ADISTANCE OF21,47FEETT{)APOINT ONTHENORTl-IRIGHT C)FWAY LINE OF LAKEROAD, TI-IAT IS ALSO THE SOUTI-IERLY PROPERTY LINE OF MORNINGSIDE BAYFRONT PARK �THENC2NB8"28'23`'EALONG SA|DSOUTHERLYPROPERTY LINE OPM(}RN|NB8|DEB8YFRONT PARK FORA DISTANCE OF34.|5FEET, SAID P0NTALSO BBNGTHEPOINT Of" BEGINNING DP6 STRIP OF LAND TWELVE ('12) FEET IN WITH, LYING SIX (6) ON EACH SIDE OF THE FOLLOWING DESCRIBED L|NE:THENCERUN NO2"28'5G''VVFOR ADISTANCE DFi4i.77FEET THENCE S87°57'21'lN FOR ADISTANCE DF000FEETTO/\POINT ONTHE EAST R|8HT(}FWAY OFN,E,7AVE.THAT/SALSO THE POINT {)FTERMINATION OFTHE AFOREMENTk]NEDLINE. SIDE LINES MUST BESHORTENED OR LENGTHENED ASTFIE CASE MAY BETO MANTAINTHE TWELVE (12) FEE-[ EASEMENT CONFOR- MATIO N. CO WFAI N I NG 1, 809.414 sq. FEET OR 0.04 ACRES MORE OR LESS, NOTE: EASEMENT HAS A26FEETHBGH7HESTRiCT0NFR0MTHEGROUND. CLEAR ZONE. SO of 0 wmmUD WITHOUT THE 9101NATURE AND UP ORIGINAL THIS IS NOT A BOUNDARY SURVEY EASEMENT 'fO Q.DX.i.0.D. FOR - 8" WATER VAIN AT N080INGSIDD 8AYy80NT PARK Wmw|—uaDE nA,ux AND SEnuo uueAKCQQNT DAI � JUN. 30. 121014 t 9CAlE: WrS. grAWAIMet.ily.sfer ZI NE. 50th TERR.. R-0-W lof(:- r, i(!?/ P/.? 6 .9 Pt1(7it 5 TRACT "A" EXHIBIT "A" MIAMI-DADE COUNTY MORNINGSIDE BAYFRONT PARK. (P,B. (30 PG. 73) SEC. I 9-TWP. -5 3S. -RGE.-42E. 30' 747.05' 25,00' N 87' 57' 21" F. P.O.C. i'-•• 1,-:g - S.VV. CORNER GOVT. LOTI SEC 19 TWP. 53 ROE. 42. ol o 1,1 WEST BOUNDARY LINE TRACT "A" P.B. GO PG 73 "" 9,00' S 8757'21"W 34,15' 1 :12' tm, N 88 2623n E I A VP 1. dt AN . DER°, P.S.M. Prok'sioi�l Surveyor and Mapper Stole ot ()tido — License No, 6514 3575 Le Jenne Rd. Miorni, 0. 33146 WAS() (1746) 269-5326 Dote: g NOT VALID NnTri011i. THE SIGNATURE AND THE ORIGINAL twar,'n SEAL OP A LICENSED FLORIDA sukvEvoR AND MAPPER vicralw-mwaitiecamml.VOM.n.....ardetaiwratratIratMin-Tau-mr.,,se.rostagizamlifakesoymaAMMTMMWS-wiAMmtValtel,-Wan.Wozstf0130amtwallsar MORNINGSIDE RKYFRONT PARK PD. 60-73 6' 12' WASD EASEMENT , P.O.B. ROAD. Legend: P 0 C 0,0.0. R-O.W T.P Easement Point of Commence Point of Beginning Plat Book Right of Way Propery Line Termination Poinl SOUTHERLY LINE covr, LOT 9 SECT. 19 TVVP. 53S. RGE. 42E. R-O-W TIIIS IS NOT A BOUNDARY SURVEY EASMMENT TO M.D.W,A.S.D. FOR fr WATER HAIN AT MORNINGSIDE DAYFRONT PARK MIAMI—DADE (2QUNTY,,_FLORIDA MTAMI—DADE WATER AND SEWER DEPARTMENT DATE JUN. 30, 2014 SCALE: N.T.S. DRAWN DY M.S. 1 S—I 0 2 J.-T? :ati.rdituktitutwatmazdatnecislionuagere