HomeMy WebLinkAboutExhibitAMENDMENT TO RESERVATION OF EASEMENT
This Amendment to Reservation of Easement (this "Amendment") is made as of the
day of , 2015, by and between CITY OF MIAMI, a municipal corporation of
the State of Florida, whose address is 444 SW 2 Avenue, Miami, Florida 33130, as ("Grantee")
and FLORIDA EAST COAST RAILWAY, L.L.C., a Florida limited liability company (f/k/a
Florida East Coast Railway Company), having an address at 7411 Fullerton Street, Suite 300,
Jacksonville, Florida 32256 ("Grantor"),
RECITALS
WHEREAS, Grantor executed that certain Special Warranty Deed dated June 6, 1988,
and recorded in Official Records Book 13782, Page 502 of the Public Records of Miami -Dade
County, Florida (the "Deed"), pursuant to which Grantor conveyed its right title and interest in
the property defined therein to Grantee, but reserved for itself an easement defined therein (the
"Easement").
WHEREAS, Grantor and Grantee desire to amend the location of the Easement, subject
to the terms and conditions contained in this Amendment.
NOW THEREFORE, in consideration, of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, parties agree as follows:
1. The above recitals are true and correct and are agreed to by Grantor and Grantee
as if such recitals were fully set forth herein.
2. The easement area described on Exhibit A to the Deed is hereby deleted in its
entirety and the following language is hereby substituted in place thereof:
3. Reserving unto Grantor an easement for railroad purposes and all other lawful
purposes as described in Exhibit "A" attached hereto and incorporated herein.
4. Except as specifically modified in this Amendment, the terms of the Deed remain
in full force and effect as of the date originally executed. In the event of any conflict between the
terms and provisions of the Deed and this Amendment, then the terms and provisions of this
Amendment shall control. This instrument shall become effective only upon execution of it by
both Grantor and Grantee.
[Remainder of page intentionally left blank. Signatures on following page.]
ev:Sit 16-43y
IN WITNESS WHEREOF, the Grantee has caused this Amendment to be executed in
its name by the City Manager; as authorized by the City of Miami Commission, and the Grantor
has caused this Amendment to be executed by its duly authorized representative all as of the
Effective Date.
CITY OF MIAMI, a GRANTEE:
Municipal corporation of
the State of Florida
ATTEST: CITY OF MIAMI
By: By:
Todd B. Hannon
City Clerk
Daniel J. Alfonso
City Manager
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Victoria Mendez
City Attorney
The foregoing was accepted and approved on the day of , 201_,
by Resolution No. . of the Board of City Commission of the
City of Miami, Florida, a municipal corporation of the State of Florida,
ATTEST:
By:
Todd B. Hannon
City Clerk
2
GRANTOR:
Signed, sealed and delivered FLORIDA EAST COAST RAILWAY,
in the presence of: L.L.C., a Florida limited liability company
By:
Print Name: Print Name:
Title:
Print Name:
As to Grantor Date: , 2015
STATE OF FLORIDA
COUNTY OF
) SS:
The foregoing instrument was acknowledged before me this day of , 2015,
by , as of Florida East Coast Railway, L.L.C., a Florida limited
liability company, who is personally known to me.
NOTARY PUBLIC, State of Florida
Print Name
My Commission expires:
3
Exhibit "A"
LE
PORT LEAD EASEiIA
"FLAGLER GRAN CENTRAL STATION
GAL DESCRIPTION
ENT
L
LEGAL DESCRIPTION:
A portion of the Florida East Coast Railway Right -of -Way as shown in "Miami", according to the Plat thereof, as recorded
In Plat Book B, Page 41 and mentioned In "Exhibit "A" in that Special Warranty Deed from Florida East Coast Railway
Company to the City of Miami", O.R.B. 13782, PG. 502, all from the Public Records of Miami -Dade County, Florida, said
land also being a portion of NW 8th Street in the City of Miami, being more particularly described as follows:
A strip of land 50.00 feet in width, Tying 25.00 feet to the left and 25.00 feet to the right of the following described
centerline:
COMMENCE at the NW comer of Tract "E" of "Flagler Gran Central Station", according to the Plat thereof as recorded in
Plat Book 170, Page 41, of the Public Records of Mlaml-Dade County, Florida; thence N89°32'44"E along the North
boundary Ilne of said Tract "E" for a distance of 92,99 feet to the point of Intersection with the West Right -of -Way line of
NW 1st Avenue, said line also being the East boundary line of the aforementioned Florida East Coast Railway
Right -of -Way as mentioned in "Exhibit "A" in that Special Warranty Deed from Florida East Coast Railway Company to
the City of Miami'; thence NOO°01'35"E along said line for a distance of 5.68 feet to the POINT OF BEGINNING of the
following described centerline. Said centerline Is a non -tangent curve to the right at which a radial line to sald point bears
S61°19150"W; thence 234.51 feet along the arc of said curve, having a radius of 674.89 feet and a central angle of
19°54'53" to the point of intersection with the North Right -of -Way line of said NW 8th Street, said line also being the North
boundary line of the aforementioned Florida East Coast Railway Right -of -Way as mentioned in "Exhibit "A" in that Special
Warranty Deed from Florida East Coast Railway Company to the City of Miami°, said point Is also the POINT OF
TERMINATION.
The side lines of this easement are to be lengthened or shortened as needed at angle points and intersections points to
form a contiguous strip of land along the route described in order to terminate at the boundaries or limits of the
aforementioned parcel of land described In "Exhibit "A" of sald Special Warranty Deed from Florida East Coast Railway
Company to the City of Miami".
LUDOVICI & ORANGE
CONSULTING ENGINEERS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 1012
329 Palerrno Avenue. Coral Gables, Florida 33134
Phone:305-448-1600 l infoaludovicl-orenge,corn
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DRAWN: A,J,
CHECKED: J.R.H.
SCALE: AS NOTED
DATE:
06-05-2015
PROJ. I:
2000 16G
SKETCH TO ACCOMPANY EASEMENT
LEGAL DESCRIPTION
PORT LEAD EASEMENT
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LUDOVICI & ORANGE
CONSULTING ENGINEERS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 1012
329 Palermo Avenue, Coral Gables, Florida 33134
Phone:305-448-160C I infolilludovicl-orange,00m
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5
DRAWN: A.J.
CHECKED: J.R.H.
SCALE: AS NOTED
DATE: 06-05-2015,
PROJ. I: 2000 16G
SHEET:
3
OF 3 SHEET