HomeMy WebLinkAboutExhibitTHIS INSTRUMENT PREPARED BY:
City of Miami Public Works Department
444 SW 2 Avenue, 8th Floor
Miami, Florida 33130
Attn: Eduardo Santamaria, P.E., CGC, Director
FIRST AMENDMENT TO
SUBSURFACE AND MAINTENANCE EASEMENT
THIS FIRST AMENDMENT TO THE SUBSURFACE AND MAINTENANCE
EASEMENT is made and entered as of , 2015 ("Effective Date"), by and
between the CITY OF MIAMI, a municipal corporation of the State of Florida, whose address
is 444 SW 2nd Avenue, Miami, Florida 33130, as grantor, ("Grantor"), and BRICK -ELL
CITYCENTRE PROJECT, LLC, a Florida limited liability company, as tnistee under the
provisions of that certain Land Trust Agreement (as the same may be modified, amended,
restated and supplemented from time to time, the Trust Agreement) dated as of July 10, 2012 and
known as Trust Number BCC-2012, whose address is c/o Swire Properties, 501 Brickell Key
Drive, Suite 600, Miami, Florida 33131, as grantees, ("Grantee").
RECITALS:
WHEREAS, the Grantor granted to the Grantee a Subsurface and Maintenance Easement on
Grantee's right of way known as SE 6th Street between South Miami Avenue and SE 1st Avenue
on January 31, 2014 recorded in Official Record Book 29039, Pages 2525-2547 of the Public
Records of Miami -Dade County, Florida; and
WHEREAS, the Grantee has determined that the boundaries of the Subsurface and
Maintenance Easement must be slightly modified to successfully complete its planned
construction of the connections between the Grantee's property; and
WHEREAS, the Grantor and Grantee have agreed to modify the boundaries of the
Subsurface and Maintenance Easement;
NOW, THEREFORE, in consideration of the sum of One Dollar, and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by each party to the
other, agree as follows:
Section 1. The above recitals are true and correct, and are incorporated herein by reference.
1
Section 2. Exhibit "A-1" and Exhibit "A-2" are stricken and replaced with the legal
description attached as Exhibit "A-1" First Amendment and sketch attached as Exhibit "A-2"
First Amend ent which shall constitute the legal description and sketch for the Subsurface and
Maintenance Easement granted to the Grantee.
Section 3. Except as expressly modified by the First Amendment. to the Subsurface and
Maintenance Easement, all other ter-ns and conditions of the Subsurface and Maintenance
Easement recorded in Official Record Book 29039, Pages 2525-2547 of the Public Records of
Miami -Dade County, Florida, shall continue in operative force and effect.
Section 4. This First Amendment to the Subsurface and Maintenance Easement shall be
recorded among the Public Records of Miami -Dade County, Florida, at the sole cost of the
Grantee.
[Remainder of page intentionally left blank]
2
IN WITNESS WHEREOF, the Grantor has caused this First Amendment to the Subsurface
and Maintenance Easement to be executed in its name by the City Manager; as authorized by the
City of Miami Commission, and Grantee has caused this First Amendment to the Subsurface and
Maintenance Easement to be executed by its duly authorized representative all as of the Effective
Date.
CITY OF MIAMI, a
Municipal corporation of
The State of Florida
GRANTOR
ATTEST: CITY OF MIAMI:
By: By:
Todd B. Hannon
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Victoria Mendez
City Attorney
Daniel J. Alfonso
City Manager
The foregoing was accepted and approved on the day of , 2015 by Resolution
No. of the Commission of the City of Miami, Florida, a municipal
corporation of the State of Florida.
ATTEST:
By:
Todd B. Hannon
City Clerk
WITNESSETH:
3
GRANTEE
:RICKELL CITYCENTRE PR JECT
LLC, a Florida Limited Liability company,
As Trustee under Land Trust No. BCC-2012
By:
signature Name: Chris Gandolfo
Title: Vice President
print name
signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Trustee executes this Easement solely as
Trustee under Land Trust No. BCC-2012
and not individually, and no personal
recovery or judgment shall ever be sought
or obtained against Trustee by reason hereof.
The foregoing instrument was acknowledged before me this day of ,2015,
by , who is personally known to me or
has/has not produced as
identification and did/did not take an oath.
Notary Public
print name Serial Number
EXHIBIT."A-1" FIRST AMENDMENT
(SUBSURFACE AND MAINTENANCE EASEMENT DESCRIPTION)
Page 1 of 2
LEGAL DESCRIPTION:
A aortic -Jr f S.E. 6th Street, lying directly adjacent to Lots 5 and 6, Block 1075 and Lots 1, 2, 3, 4-, 5, 6 arid 7,
Black 1055, S.L. & J.B. PATTERSON AND J.F. & B.T. OLIVE SUBDIVISION, according to the plot thereof, as recorded
in Plat Book B ot Page 77, of the Public Records of Miami —Dade County, Florida, and being more particularly
described as follows;
Begin et the Southeast corner of said Lot 7, Block 1085; thence 5 8747'31" W along the South line of said Lots
1, 2, 3, 4, 5, 6 and 7, Block 1085, also being the North right of wcy line of said S.E. 5th Street for 315,12 feet;
thence S 47'12'28" E for 12,11 feet; thence S 0Z16'37" E for 34.25 feet; thence N 87'4731" E for 182.99 feet;
thance S 0216'37" E for 7.19 feet; thence N 87'47'31" E along the North line of said Lcts 5 and 6, Block 107S,
also being the. South right of Way line of said S.E. 6th Street for 39.50 feet; thence N D2'1637" W for 7.19 feet;
thence N 87'4731' E for 84,07 feet; thence N 0216'37" W for 42.31 feet to the Point of Beginning.
The above described perimetrical boundary being between elevation —3.0 feet and —100.00 feet, relative to the
Notional Geodetic Vertical Datum of 1929.
Containing approximately 1.3,445 square feet.
13y
CM
8.
a
MAP
111096
2008-1 14
10/2/14 1:15
LEGAL DESCRIPTION
FoRTE\T, LEAVY, S IcILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA. CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
I SO Northeast 16.StIa Street North Miami 13e,r-la, Florida 33362
i PhoneO. "3 9" / Fax 303-65 l-7352 / Email f1tietIftssur7ey.co.tr,
Dare
10/2/14
Scale NOT TO SCALE
Job. No. 141129
Dwg• Na 1 011-059-12
Sheet 1 of 5
EXHIBIT /\--1." FIRST AMENDMENT
(SUBSURFACE AND MAINTENANCE EASEMENT DESCRIPTION)
Page 2 of 2
URVEYOR'S NOTES:
- This site lies in Section 38, Township 5-4 South, Range 41 Eest, Mrs, Hagan Donation, City of Miami,
Mierni-Dade County, Florida.
- Becirin
of Sou
th
9s hereon ere referred to en assumed value of N 02'1550" W for the City of Miami Monument line
lySiarni Avenue.
- Elevations shown hereon are relative to the National Geodetic Vertical Datum of 1929, based on Miami -Dade
County Bench Mark No, J-551, Devotion +4,47, located on June 19, 2013 at the intersection of
S.W. 1.st .Avenue end S.W. let Avenue Racd,
- Lands shown hereon were not abstracted for easements and/or rights -of -way of records.
- Lands shown hereon containing 13,445 square feet, or 0,309 acres, more or less,
- This is not o "Bciu
dory Surveybut only a graphic depiction of the description shown hereon.
- Dimensions shown he
eon are based on Fortin, Leavy, Sidles, sketch #2008-114-.
SURVEYOR'S CERTIF
CATION:
I hereby certify that this "Ske
2014, and meets the applicabl
Florida Statutes
tch and Legal Oescri tion' was made under my responsible charge on October 2,
e codes as set fortn in the Florida Administrative Code, pursuant to Section 472.027,
Not valid without the signature and this original raised
se -al of a Flotida Licensed Surveyor and Mapper'
FORTIN, LEAVY, SKILES, INC., L
By:
Daniel C. For -tin, For The Firm
Surveyor and Mapper, LS2853
State of Florida.
B3653
MAP
Cad, No.
111096
Ruf,
2008-114
P
10/2/14 I:15
I SURVEY RS NOTES & CEP
TIFICATION
FORTIN, T ,EAVY, S KILES, INC.
CONSULTING ENGTNEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE: OF ATJTHDRIZATION Nlirs4 B 000034553
1S0 Northeast 168th Street / North Miami. 'Beach, 'Florida 33 62.
Phone 305-653-4493 / Fax 305-651-7152 / Email flsCe)fiSs-u-r,,ey.c urn
NOT TO SCALE
,Tob. No. 141129
-069-12
Wo• 1
Shcor
2 of 5,
EXHIBIT "A-2" FIRST AMENDMENT
(SUBSURFACE AND MAINTENANCE EASEMENT SKETCH)
Page 1 of 3
--I
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S.E. 5TH STREET
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‘--FrORT-1 LINE i
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SOUTH RIGHT Cif WAY UNE
OF S.E. 51rl STREET
LOT2
LOT3
J. PAI ERSON1 AND
J.F. & OLIV SUBDIVISION
FLATI BOOK ES PAGE177
1
MAP
1 1 1096
2 14
10/2/14
LOT4
Sotr)r1 UNE OF'
Lois 2, 3, 4, I,
BLOCK ioas
S02°16'37'El, 87°4- l'E
7.19'
C K
LOT 4
107S
LOT 5
NO2'16'3711
7,19'
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OV LCT E
BLOCK 1075
LOT 6
15.1
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7°47`31"E
N ...°1637“ I
42.81'
LOT 7
GRAPHIC SCALE
25 50 11t1
( Lq FEET )
1 inch = 50 ft.
SKETCH OF DESCRIPTION
ORTIN, T EAVY, S KILES, INC.
NSULTING ENGrNEERS, SURVEYORS & MAPPERS
FLORIDA CliRTI.F1CA_TE OF AUTHORIZATION NUMBER; 00003653
180 Northeast 16801 Street / North MI am i.laench, Florida 33162
h Pe 5-653-4493 / Fax 305-651-7152 !Email fl.sfIssurvey.com
Dot
0/2/1
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1050
141129
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Sheet 3 of 5;
Rot Dwg.
EXHIBIT "A-2" FIRST AMENDMENT
(SUBSURFACE AND MAINTENANCE EASEMENT SKETCH)
Page 2 of 3
111096
2008-114
10/2/14 115p
LOCATION SKETCH
FORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
F L-0 RIDA CERTYFICATE OF AUTHORIZATION NUMBER: 00003653
1.S0 Nortittsest i &Sal Street North Miami Be1. Fa-ida 33762
Fhaue 305-65.3-4493 / Fax 305-651-715'2 / Frnsit fls@cissurvey,czoln
10/2/14
scale NOT TO SCALE
-kAi• NCI 141129
Dsv'S- No- 101 1-069-12
EXHIBIT "A-2" FIRST AMENDMENT
(SUBSURFACE AND MAINTENANCE EASEMENT SKETCH)
Page 3 of 3
E1E1ON
-100,0 FEET (NM)
SUBSURFACE AND MANTENANfCE EASEMENT UNDER S,E, 6TH STREET
Drawn By
1,\Plorwci:
2008-114
10/2/14 1.15p
(
MAP SKETCH OF DESCRIPTION
111096 Fowrm, I1EAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 68th Street / North :r.vflarrA Beach, Florida 33162
Pho 9 / Fax -7 / Erniil ftfissrve .cot
Date
Sc
10/2/14
NOT TO SCALE
lob -No. 141129
Thvg• NV 1011-069-12
shcct 5 of ;7.1
THIS INSTRUMENT PREPARED BY:
City of Miami Public Works Department
444 SW 2 Avenue, 8th Floor
Miami, Florida 33130
Attn: Eduardo Santamaria, P.E., CGC, Director
FIRST AMENDMENT TO
TEMPORARY CONSTRUCTION EASEMENT
THIS FIRST AMENDMENT TO THE TEMPORARY CONSTRUCTION
EASEMENT is made and entered as of , 2015 ("Effective Date"), by and
between the CITY OF MIAMI, a municipal corporation of the State of Florida, whose address
is 444 SW 211d Avenue, Miami, Florida 33130, as grantor, ("Grantor"), and BRICKELL
CITYCENTRE PROJECT, LLC, a Florida limited liability company, as trustee under the
provisions of that certain Land Trust Agreement (as the same may be modified, amended,
restated and supplemented from time to time, the Trust Agreement) dated as of July 10, 2012 and
known as Trust Number BCC-2012, whose address is c/o Swire Properties, 501 Brickell Key
Drive, Suite 600, Miami, Florida 33131, as grantees, ("Grantee").
RECITALS:
WHEREAS, the Grantor granted to the Grantee a Temporary Construction Easement on
Grantee's right of way known as SE 6'1' Street between South Miami Avenue and SE ls' Avenue
on January 31, 2014 recorded in Official Record Book 29039, Pages 2266-2288 of the Public
Records of Miami -Dade County, Florida; and
WHEREAS, the Grantee has determined that the boundaries of the Temporary Construction
Easement must be slightly modified to successfully complete its planned construction of the
connections between the Grantee's property; and
WHEREAS, the Grantor and Grantee have agreed to modify the boundaries ofthe
Temporary Construction Easement;
NOW, THEREFORE, in consideration of the sum of One Dollar, and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by each party to the
other, agree as follows:
Section 1. The above recitals are true and correct, and are incorporated herein by reference.
1
Section 2. Exhibit "A-1" and Exhibit "A-2" are stricken and replaced with the legal
description attached as Exhibit "A-1" First Amendment and sketch attached as Exhibit "A-2"
First Amendment which shall constitute the legal description and sketch for the Temporary
Construction Easement granted to the Grantee.
Section 3. Except as expressly modified by the First Amendment to the Temporary
Construction Easement, all other terms and conditions of the Temporary Construction Easement
recorded in Official Record Book 29039, Pages 2266-2288 of the Public Records of Miami -Dade
County, Florida, shall continue in operative force and effect.
Section 4. This First Amendment to the Temporary Construction Easement shall be recorded
among the Public Records of Miami -Dade County, Florida, at the sole cost of the Grantee.
[Remainder of page intentionally left blank]
2
IN WITNESS WHEREOF, the Grantor has caused this First Amendment to the Temporary
Construction Easement to be executed in its name by the City Manager; as authorized by the City
of Miami Commission, and Grantee has caused this First Amendment to the Temporary
Construction Easement to be executed by its duly authorized representative all as of the Effective
Date.
CITY OF MIAMI, a
Municipal corporation of
The State of Florida
GRANTOR
ATTEST: CITY OF MIAMI:
By: By:
Todd B. Harmon
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Victoria Mendez
City Attorney
Daniel J. Alfonso
City Manager
The foregoing was accepted and approved on the day of , 2015 by Resolution
No. of the Commission of the City of Miami, Florida, a municipal
corporation of the State of Florida.
ATTEST:
By:
Todd B. Hannon
City Clerk
WITNESSETH:
GRANTEE
BRICKELL CITYCENTRE PROJECT
LLC, a Florida Limited Liability company,
As Trustee under Land Trust No. BCC-2012
By:
signature Name: Chris Gandolfo
Title: Vice President
print name
signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Trustee executes this Easement solely as
Trustee under Land Trust No. BCC-2012
and not individually, and no personal
recovery or judgment shall ever be sought
or obtained against Trustee by reason hereof.
The foregoing instrument was acknowledged before me this day of , 2015,
by , who is personally known to me or
has/has not produced as
identification and did/did not take an oath.
Notary Public
print name Serial Number
4
EXHIBIT "A-1" FIRST AMENDMENT
(TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION)
Page 1 of 1
LEGAL DESCRIPTION:
A portion of SE 6th Street, lying directly adjacent to Lots 1 through 7, Block 1075, S.L & J.B. PATTERSON AND
J.P. & B.T. OWE SUBDMSlON, according to the plat thereof, as recorded in Plat Book B et Poge 77 ana Lots 1
through 7, Block 108S, S.L. & LB. PAi ithtSON AND J.F. & B.T. OLIVE SUBDIVISION, according to the plat thereof,
as recorded in Plat Book B et Page 77, all being recorded in the Public Records of Miami —Dade County, Florida,
and being more particularly described as follows:
Begin at the Northeast comer of Lot 7, of said. Block 107S; thence $ 87'47'31" W along the North line of Block
107S for 324.97 feet to a point of curvature; thence Southwesterly along a 25.00 radius curve leading to the left
through a central angle of 54'34'02" for an arc distance of 23.81 feet to a non —tangent point; thence
N 02'16'37" W for 70.96 feet to G point on a circular curve concave to the Northeast and whose radius point
bears N 5213/15 E; theme Southeasterly along a 25.00 radius curve leading to the left through central angle
of 54-25'46" for an arc distance of 23.75 feet to o point of tangency; thence hi 874731" W along the South
line of said Block 10$3 for 325,03 feet; thence S 02'16'37 E for 50,00 feet to the Point of Beginning.
The above described perimetrical boundary being between elevation +25.3 feet and +100.00 feet, relative to the
National Geodetic Vertical Datum of 1929.
SURVEYOR'S NOTES:
— This site lies in Section 38, Township 54 South, Range 41 East, Mrs. Hagan Donation, City of Miami,
Miami —Dade County, Florida.
— Bearings hereon ore referred to an assumed value of NO2'1$'37"W for the East right—of—way line of South
Miarni Avenue, and evidenced by two (2) Set 1/2" Pipe & Cop LB3653.
— Lands shown hereon were not abstracted for easements and/or rights —of —way of records,
— Lands shown hereon by metes and bounds method contains 17,395 square feet, or 0.399 acres, more or less.
— This Is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Fortin, Lecrvy, Skiles, sketch #2012-022,
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on January 9, 2015, 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, LEAVY, SKILES, INC., LB3653
Daniel C. Fortin, For The Firm
Surveyor and Mapper, LS2853
State of Florida.
Drawn , OJO
CatN,. 111098
Ref. Dwg.
2012-022
REV.1 141576
Plolmd: 1/9/15 8124a j
EGADESCRIPTION
FORTIIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE, OF AUTHORIZATION NUIVISER: 00003653
3 80 Northeast 168th Street / North Miami Boach, Florida 33162
Phone. 305-6'53-1493 f Fax 305-651-7152 1 Email fl
Date 5
Scale NOT TO SCALE
.Tab.No. 130501
D'Kg, No, 1013-038-3
Sheet 1 of 3 )
EXHIBIT 'A-2" FIRST AMENDMENT
(TEMPORARY CONSTRUCTION EASEMENT SKETCH)
Page 1 of 2
BLOCK 108A LOT 11
t- —
SE 1 st AVENUE
METRO MOVER CORRIDOR
LOT S02°1
50 I A'
BLOCK
LOT 7
Drawn By
WO
Cad, No,
111096
Rf: Dwg.
2012-022
REV.1
141576
moileti•
1/0/15 8:244
POINT OF
BEGINNING
rt.E. OMER CF LOT 7, BLOCK 107$
LOTS
- _______ -------
c> LOT 5
GRAPHIC SCALE
30 60
A=5434'02"
25.Xf LOT I
WEST LINE OF
LOT 1-, BLOCK 1073
H OF DESCRIPTION
F oRTIN, TIEAVY, S KILES, INC.
CONSULTING ENGTNEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
130 Nozithf.aat I 68 th Stceot North. Miami Bela, Florida 33162
Phone 305-653-4493 / Fax 305-65 I -7152 Email flsg.-flsgurvey.com
Da a
1 /9/15
Scale 1"
= 60'
Job• No
130501
awg- NQ,
1013-038-3
Short 2
of
EXHIBIT '1A-2" FIRST AMENDMENT
(TEMPORARY CONSTRUCTION EASEMENT SKETCH)
Page 2 of 2
Drawn By
CLNci
111096
Iter. On.
2012-022
REV.1
141576
Fbr1r-4:
A.._
1/9/15 8124-a
LOCATION SKETCH
1-4 ORTIN, LEAVY, S MILES, INC.
CONSULTING ENOTNEE.RS, SURVEYORS & MAPPERS
FLORIDA. CERTIFICATE OF AUTHORIZATION NUMBER: a0003653
I SO Northeast 168th Stet/North Miami Beach, Florida 33162
Phone 305-653-1493 / Fax 305-651-7152 / Ernai ssurve .00rn
f
Da-t
1/9/15
S-mio NOT TO SCALE
fob. Nr-o.
1 3050i
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1013-038-3
‘._Stamt 3
of 3,