HomeMy WebLinkAboutExhibit - Grant of EasementThis Instrument Prepared by and following recording
Please return to Company: City of Miami
Office of the City Attorney
Victoria Mendez, City Attorney
Address: 444 Southwest 2nd Avenue, Suite 945
Miami, Florida, 33130-1910
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 lying 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.
Subject to the limitations of Section 768.28, Florida Statutes, 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 their negligent 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 a certificate of insurance in accordance to EXHIBIT "B" attached hereto.
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 and landscaping
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
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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
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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
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EXHIBIT 'A'
SKETCH TO
ACCOMPANY LEGAL DESCRIPTION
MD WASD ACCESS CORRIDOR
LEGAL DESORIPTIOT
PORTIONS or WATSON ISLAND, try OF MIAMI, LYING WITHIN SE077ON 31. TOWNSHIP 53 sourH,
RANGE 42 EAST, MIAMI-DADE 00UNTY, FLORIDA. BEING MORE PARTICULARLY DESCRISED AS
FOLLOWS:
CO MPNIIP AT A POINT SHOWN AS A 5/8" DIAMETER IRON ROD AND CAP STAMPED DOT, SHOWN
AS P.T. STA. 25+50 ON THE "orriciAL MAP OP LOCATION AND SURVEY OF A PORTION or
SECTION 8706, DESIGNATED AS PART OF STATE ROAD A--1--A IN MIAMI-DADE COUNTY, FLORIDA",
PREPARED SY THE STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA, AS RECORDED IN MAP
SOOK 56 AT PAGE' 71 OF THE PUBLIC RECORDS OF IVIIAMI-DAD. COUNTY, FLORIDA; THENCE
S30'08'34'E ALONG THE CENTERLINE OP GENERAL DOUGLAS MAC ARTHUR CAUSEWAY FOR 417.61
FEET; THENCE S5951'26"W FOR 200.68 FEET TO THE POINT OF BEGINNING OF A PARCEL or LAND
HEREINAFTER DESCRIE3ED; THENCE RUN S55'04'01"W FOR A DISTANCE 0.10 FEET; THENCE RUN
s17.06`26°6 FOR A DISTANCE 44,36 FEET; THENCE RUN N72'17'19"E FOR A DISTANCE 0,42 FEET;
THENCE RUN N17'58'22''W FOR A DISTANCE 47,0 FEET TO THE POINT OF SEGINNING,
SAID LANDS CONTAINING 415 SQUARE FEET MORE OR LESS.
SURVEYORS NOTES:
THIS IS NOT A SOL/WARY SURVEY. THIS IS A SKETCH AND LEGAL DESCRIPTION FOR MD WASD
ACCESS CORRIDOR,
BEARINGS SHOWN HEREON ARE Emsco ON 1HE SYSTEM: NORTH AMERICAN DATUM 1983
/ADJUSTMENT 1090, FLORIDA EAST ZONE sot,
?AMMON VERTICAL CLEARANOE OF THIS ACCESS CORRIDOR IS 25 PEET
THE ACCESS CORRIDOR STRIP FORMS A CLOSED GEOMETRIC EIGURE,
THE INTENT OF THIS ACCESS CORRIDOR DESCRIPTION IS TO ENCOMPASS THE RECENTLY INSTALLE0
WATER MAIN AND RELATED FACILITIES, AS SHOWN ON THE AS -BUILT SURVEY UNDER WASD FILE
WS 2011-008,
HERESY CERTIFY, THAT THE ATTACHED SKETCH TO ACCOMPANY LEGAL DESCRIPTION WAS
PREPARED UNDER MY DIRECTION AND IS TRUE AND CORRECT TO 77-1E BEST OF MY
KNOWLEDGE AND ?cusp., SAID SKETCH MEETS THE INTENT OF VIE miNimum rEchtaioAL,
STANDARDS AS SET FORTH SY Il-IE rtoRro,A s0AR0 OF LAND SURVEYORS AND MAPPERS IN
CHARTER 5J-17 FLORIDA ADMINISTRATIVE CODE, PURSUANT ro SECTION 472,027 OF FLORIDA
STATUTES,
NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOF?' SEAL.
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20701
REWSED:
07.02-14 AS PER COMMENTS,
11.08.18 AS PER COMMENTS MO WASD,
Aa
. N EF2 JR.
OR MD MAPPER No. 6362
FLORIDA
CH PEREZ & ASSOCIATES, INC.
ENGINEERS. PLANNERS *SURVEYORS
9594 NVV 41 STREET, SUITE 201
MIAMI, FLORIDA 3317$
PHONE (306) 592.1070 LB 7360
rypr PPO.IECT
qicestem TO AOCOMPANY LOGAL DSSORIPTICN
5INP CT RT OF MOAN TUNNE-L. VV0.201 .009
12AM January 05, 00i,
Dv T. Moreton
N,T.8,
'nom /
,
SKETCH TO
ACCOMPANY LEGAL DESCRIPTION
MD WASD ACCESS CORRIDOR
ORAPHIC SCALE
'100 0 50
( IN FEET)
1 inch 100 ft.
20
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DETAIL "A"
N,T,S,
LEGEND
POINT OP EIEGINNiNG
ROO. =I POINT OP' COMMENCE
N= NORTH
= SOUTH
vva$T
= EAST
PLAT 000K
PG. = PAGE
MD WASD =MIAMI.OADE WATER ANC SEWER
DEPARTMENT
ORB, =OPPICIAt. Re0ORDS 000K
=STATE PLANE COORDINATE
REVISED:
07-02-14 AS PER COMMENTS.
11-08.13 AS PER COMMENTS MO WASD,
1'
SEE
DETAIL "A"
PORT OF MIAMI TUNNEL,
WATSON ISLAND,
M-DINSD AGREEMENT
CH PEREZ & ASSOOIATES, INC, lY/'2ratTACCONIPANY LvoAL ossoRrprioN
NG1NEERS • PLANNERS* SURVEYORS EniJE,s-11 POM" or MA/V1/7.UNNEL WO-R011.066
9694 NW 41 STREET, SUITE 201 Nom
MIAMI, FLORIDA 33178 p.w. January 06, 2012 MU Egg
PHONE (306)692-1070 LB 7300 PPM OY T. MoroJor As Shown 2 of 2
EXHIBIT B
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF
INSURANCE- GRANT OF EASEMENT MIAMI DADE COUNTY
Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami & Miami Dade County listed as an additional insured
Contingent and Contractual Exposures
Premises/Operations Liability
Explosion, Collapse and Underground Hazard
Primary and Non Contributory Endorsement
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto/Owned/Scheduled
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami & Miami Dade County listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
V. Umbrella/Excess Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 1,000,000
Aggregate $ 1,000,000
City of Miami & Miami Dade County listed as an additional insured
Excess Form over all liability policies included herein
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer not less than (30) days prior to any
such cancellation or material change.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A" as to management, and no less
than "Class V" as to Financial Strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and /or certificates of insurance are subject to review and
verification by Risk Management prior to insurance approval.