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Home My WebLink AboutExhibit - Grant EasementLocation: 2805 SW 32 Avenue Miami, Florida 33133 Folio No.: 01-4166-036-0010 Prepared by and return recorded copy to: City of Miami Public Works Department Attention: Director of Public Works 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 PERPETUAL GRANT OF EASEMENT This Perpetual Grant of Easement ("Easement Agreement") is made this _day of August, 2015 by Greater Miami Boys' Club Foundation, Inc., a Florida not -for -profit corporation, whose address is 2805 SW 32 Avenue, Miami, Florida 33133-3431 (the "Grantor"), in favor of the City of Miami, a municipal corporation of the State of Florida (the "Grantee"), its successors and assigns, whose address is 444 SW 2nd Avenue, Miami, Florida 33130-1910. WITNESSETH: That the Grantor, for and in consideration of the sum of one dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby freely and knowingly acknowledge, hereby grants unto Grantee, its successors and assigns, a perpetual easement for sidewalk purposes more particularly described, but not limited to, pedestrian ingress and egress over and upon the sidewalk, with full authority to enter upon construct and maintain a standard plain gray concrete sidewalk and related amenities as the Grantee and its assigns may deem necessary, said land lying within the following described property in Miami - Dade County, Florida, viz: SEE LEGAL DESCRIPTION AND SKETCH ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN AS EXHIBIT A RIGHTS GRANTED TO THE GRANTEE. Grantee shall include the City of Miami and/or its authorized agents, personal representatives, heirs, successors, assigns, agencies and instrumentalities (collectively the "Grantee") acting on its behalf. The Grantee shall have the right but not the duty to clear and keep clear of all trees, debris, undergrowth, and other obstructions that may interfere with the normal operation and maintenance of the easement by the Grantee, out of and away from the herein granted easement and that the Grantor herein, its agents, heirs, personal ,representatives, executors, successors and assigns, agree not to build, construct or create nor permit others to build, construct or create any buildings, barricades, obstructions, barriers, or other structures on the herein granted easement that may interfere with normal operation of the sidewalk. Grantor further grants the reasonable right to enter upon adjoining lands of the Grantor for the purpose of exercising the rights herein granted. Said entry will be done by the Grantee, or its agents, from time to time and Grantor shall have no recourse from such entry as long as it serves the purposes of this Easement. Grantee may at Any time change the location of the sidewalk within the boundaries of the easement right-of-way, or modify the size of the existing sidewalk, as it may determine in its sole Location: 2805 SW 32 Avenue Miami, Florida 33133 Folio No.: 01-4166-036-0010 discretion from time to time without paying any additional compensation to Grantor or Grantor's heirs, successors, or assigns, provided Grantee does not expand its use of the easement beyond the easement boundaries described above, and further that Grantee not negligently and permanently damage property of the Grantor lying adjacent or abutting the easement area. Grantee shall maintain the standard plain gray concrete sidewalk within the easement area in good condition and repair. Grantor reserves the right to grant other easements within the easement area, and to use the easement area for Grantor's own benefit, provided such other easements and uses do not interfere with Grantee's use of the easement area as granted hereby. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever, together with a covenant hereby knowingly, voluntarily and freely given by GRANTOR not to sue Grantee or to institute maintain any civil or other claim., demand, proceeding, cause of action, debt, default, cost, damage, expense, fee or other relief against the said Grantee and its successors and assigns from any or all personal injury, property damage, loss or diminution -of property right arising or accruing by virtue of the Grantee's activities, acts and omissions under Easement and/or constructionand/or maintenance to the lands, if any, owned by the Grantor, lying adjacent to or abutting the lands hereinabove described and the Grantor will defend title to said lands against all persons claiming by, through or under said Grantor. • This Easement Agreement shall be binding upon the heirs, successors and assigns, personal representatives, executors and administrators of the parties hereto. This Easement Agreement will be construed under the laws of the State of Florida. Venue in any action or proceeding between the parties arising out of this Easement Agreement shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees. Entire Agreement. This Agreement and its attachments and exhibits constitute the sole and only Agreement of the parties and accurately set forth the rights, duties and obligations of each to the other. Any prior Agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. [SIGNATURE PAGE FOLLOWS] •I •f Location: 2805 SW 32 Avenue Miami, Florida 33133 Folio No.: 01-4166-036-0010 IN WITNESS W1r,IEREOF, the said Grantor has signed and sealed these presents the day and year first written above. • Signed, sealed, and delivered in the presence of: GRANTOR: GREATER MIAMI BOYS' CLUB FOUNDATION, INC., a Florida not -for -profit corporation By: Witness: Print Name: Address: Witness: _ r Print Name: t,0\r\c Y ere fl Address: 2/"O S U' 32. Ave Jo; eityyt fit.. 33 /33 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this I ( day of U , , 2015, by Ake..sit sa6s-A:9,,.i rat. - 15 as "'re. t c e of the Greater Miami Boys' Club Foundation, Inc., a -Florida not -for -profit corporation. He is personally known to me or produced as identification. =s"� _JO._ �- ' "`Je''•, RAQUEL FERNANDEZ 4' ♦ a'�" . _ Notary Public • State at Florida a + . My Comm. Expires Mar 2, 201B fly ,J",yia, Qom Commission * FF $7464 fll IJ11111� . 1 •1 1 Location: 2805 5W 32 Avenue Miami, Florida 33133 Folio .No.: 01-4166-036-0010 l*ST: Bv: GRANTEE: CITY OF MIAMI, a Municipal Corporation of the State of Florida By: Todd-B..Hannon' Daniel Alfonso Pity Clerk • City Manager APPROVED AS TO LEGAL FORM: Victoria Mendez City Attorney STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument accepted and approved on the day of , 2015, by Resolution No. of the City Commission of the City of Miami, Florida, a municipal corporation of the State of Florida ATTEST: By: Todd B. Hannon City Clerk August 4, 201 EXHIBIT "A" PERPETUAL EASEMENT FOR SIDEWALK PURPOSES LEGAL DESCRIPTION: Astrip of land lying. over and across a portion of the plat of BOYS CLUB OF MIAMI, recorded in Plat Bock 46, at Page 12, of the Public Records of Miaml-Dade County, Florida, being more particularly described as follows: Begin at the Southeast corner of the plat of BOYS CLUB OF MIAMI; thence run North 00°01'24# West, along the East line of the said plat of BOYS CLUB OF MIAMI, for a distance of 142.50 feet to a point; thence run South 02°02'28" West for a distance of 13.88 feet to a point of intersection with a line which lies 0.5 feet West of and parallel with the East line of the said plat of BOYS CLUB OF MIAMI; thence run South 00°01'24" East parallel with the East line of the said plat of BOYS CLUB OF MIAMI, for a distance of 128.81 feet to a point on the South line of the said plat of BOYS CLUB OF MIAMI; thence run North 70°03'03" East along the South line of the said plat of BOYS CLUB OF MIAMI, for a distance of 0.53 feet to the Point of Beginning; containing 67,8 square feet more or less. This Exhibit consists of 2 pages and each page shall not be considered full, valid and complete unless attached to the others with the signature and the original raised seal of a Florida licensed surveyor and mapper on page 2 of 2. Any additions or deletions to the attached sketch and/or the description by other than the signing party or parties are prohibited without written consent of the signing party or parties. Page 1 of 2 E.E. BROWNELL & ASSOCIATES, INC. 41-4 2. SO2' 02' 28" W i3. BB' CLUB OF MIAMI N70"OS' 08'E 0.53' .co • a. O.5 0.6 25' EXHIBIT 25' 1 25' 25' SEE DETAIL 'A' ABOVE POB SE CORNER (PB 46, PG 12) cc WW W o D. • o � i : i; D.b -N701-03'.03' E- . \ O.53'. 0 w POB PB PG BEARINGS ARE BASED ON AN ASSUMED MERIDIAN tERE"THE' EAST LINE OF 1 PB i2pi BEARS,; NOT 01' 24' N THIS'IS SKETCH DOES NOT,REPRESENT A P iEEDeBPUNDABY SURVEYo :^ PREPARED BY:'7'' THOAAS B k4NELL,,- PLS; 2G9i ;;It: CO CO jai POB SE CORNER (PB 46, PG 12) "' DETA IL "A" NOT TO SCALE SURVEYOR'S NOTES: DENOTES CENTERLINE DENOTES POINT OF BEGINNING DENOTES PLAT BOOK DENOTES PAGE SKETCH TO ACCOMPANY LEGAL DESCRIPTION PERPETUAL EASEMENT FOR SIDEWALK PURPOSES E. R. BROWNELL & 'A'SS,Q, IATES, f NC. LAND SURVEYORS - CONSULTING ENGINEERS 2526 SI! 27th AVE WWI, FL 33i83 (a05(860-3866 DR. BY : TB JOB $ 57560 DATE : 08-04-i5, SCALE: i" = 40' SK.* SM-27i6 11118 DOWER' MISTS CF 4 .TIPIE PASS WI I5 %f)T METE L> .ESS ill'ACE 11TIIE CMS CERTIFICATE CF MOM IXATtI) tift%f