HomeMy WebLinkAboutExhibit A (04.23.15)This Instrument Prepared by
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.
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 evidence of comprehensive general liability insurance
and auto liability insurance with minimum limits of coverage in the amount of
S1,000,000.00 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
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, telecommunicated, or mailed (airmail if
international) by registered or certified mail (postage prepaid), return receipt requested,
or sent by any form 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]
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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
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EXHIBIT "A"
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JEGAL DESCRIPTION
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M.D,W.A.S.D. EASEMENT
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LOCATION MAP
A PORTION OF TRACT "A" OF MORNINGSIDE BAYFRONT PARK "ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 60 PAGE 73 or THE PUBLIC RECORD OF MIAMI-DADE COUNTY, FLORIDA;
BEING MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING ON THE SOUTHWEST CORNER OF GOVERNMENT LOT 9 OF SEC, 19, TVVP, 53, RGE 62 E,
THENCE RUN N8757'21E ALONG THE SOUTHERLY LINE OF SAID GOVERTMENT LOT 9 FORA DISTANCE
Or:747.05 FEET TO A POINT OF INTERSECTION WITH THE. WEST BOUNDARY LINE OF SAID TRACT "A";
THENCE S0226156"W FOR A DISTANCE OF 21.47 FEET TO A POINT ON THE NORTH RIGHT OF WAY
LINE OF LAKE ROAD, THAT IS ALSO THE SOUTHERLY PROPERTY LINE OF MORNINGSIDE BAYFRONT
PARK ; THENCE N8826123"E ALONG SAID SOUTHERLY PROPERTY LINE OF MORNINGSIDE BAYFRONT
PARK FOR A DISTANCE OF 34.'15 FEET, SAID POINT ALSO BEING THE POINT OF BEGINNING OF A
STRIP OF LAND TWELVE (12) FEET IN WITH, LYING SIX (6) FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED LINE: THENCE RUN N0226156"W FOR A DISTANCE OF 141.77 FEET THENCE S87'57121W
FOR A DISTANCE OF 9.00 FEET TO A POINT ON TFIE EAST RIGHT OF WAY OF N.C. 7 AVE, THAT IS ALSO
THE POINT OF TERMINATION OF THE AFOREMENTIONED LINE. SIDE LINES MUST BE SHORTENED
OR LENGTHENED AS THE CASE MAY BE TO MANTAIN THE TWELVE (12) FEET EASEMENT CONFOR.
MATION. CONTAINING 1,809.24 sq. FEET OR 0.04 ACRES MORE OR LESS.
NOTE:
EASEMENT HAS A 25 FEET HEIGHT RESTRICTION FROM THE GROUND. CLEAR ZONE.
1A4
LPAt 1C,601WER0, P.SJ1,
Pr ,fessi kif Surveyor ond hiapper
S10 9 of Forido — License No. 6814
357,5 r. l.e. Joune Rd, Miami, FL
331 6 WASP (18,6)2§8,-A5,;52.6
Dote: 0..Z/f2..P/ u I 6
NoT VALID FrITHOUT THE SIGNATURE AND 'rift oftrurNm.,
V.„.. RAISED SEAL OF .A LICENSED FLORIDA SURVEYOR AND ItAPPER
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THIS IS NOT A DOUNDARY SURVEY
EASEMENT TO M,D.W,A.S.D, FOE
0 WATER MAIN Al MORNINGSIDE DAYPEONT PARK
MIAMI—DADE COUNTY, FLORIDA
MIAMI—DADE WATER AND SEWER DEPARTMENT
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DATE: JUN, 30, 2014 SCALE: wr.s:
DRAWN EY: 14.5. S-190 1 of 2
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N.E. 50th TERR.
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EXHIBIT "A"
MIAMI-DADE COUNTY
MORNINGSIDE 13AYFRONT PARK (1),13. (30 PG. 73)
SEC. I -TNT' 5 3S . -RGE, - 4,2E.
30'
T.P.
lac: Don Sub divisior,
p/-5 6.9 PA GE
TRACT "A"
747.05'
— .
N 57121u E
25,00'
P. 0.c. -
CORNER GOVT. LOTS
SEC, 19 TWP. 53 RGE. 42 4/
.• (.2,5
-/
WEST BOUNDARY LINE --------)
TRACT "A"
P. B. GO PG 73
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9,00'
S 87°57'21"W
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6'
12'
34.15'
N 88' 26'23" E
LAKE
piltERO, PSjl
Pratesion I Surve r ond Mapper
Slate o Enrido — Icenve No. 6614
3575 . Le Jeune Rd. Miami, FL
33146 WAS() (7 6 26Q-5326
Date:
NOT VALID RITITOUT THE SIGNATURE AND 1118 ORIGINAL
RAISED SEAL OP A LIGENRED PLORIDA EliT/vEvort AND MAPPER
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MORNINGSIDE BAYFRONT PARK
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ROAD.
6'
TRACT "A"
12' WASD EASEMENT
egen d:
Fr7 R.O.C.
P.O.B.
P.B.
R-0-W
T.P.
Easement
Point of Commence
Point of Beginning
Plat Book
Right of Way
Propery Line
Termination Point
SOUTHERLY LINE GOVT. LOT 9
SECT. 10 TWP. 53S. ROE. 42E,
R-0-W
THIS IS NOT A BOUNDARY SURVEY
EASEMENT TO Nf.D.W.A.S.D. FOR
8" WATER HAIN AT MORNINCSIDE DAYFRONT PARK
MIAMI-DADE COUNTY, FLORIDA
MIAMI-DADE WATER AND SEWER DEPARTMENT
,...:1 DATE; JUN. 30, 2014 SCALE: N.T.S.
DRAWN WI: M.S. S-190 2 of 27"
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