HomeMy WebLinkAboutExhibit - Grant of Underground EasementThis Instrument Prepared by
City of Miami
Address: 444 Southwest 2nd Avenue, Suite 945
Miami, Florida 33130
Folio # TBD
GRANT OF UNDERGROUND EASEMENT
Reserved for Circuit Court
THIS INDENTURE, made this day of , 2016,
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 considerations, 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
underground sewer 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 "UNDERGROUND EASEMENT") to construct, install, operate, and
maintain sewerline facilities, with the right to reconstruct, improve, change, and remove
all or any of the facilities within the underground 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 UNDERGROUND 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 UNDERGROUND 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 sewerline UNDERGROUND 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 Underground Easement Parcel, 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 $1,000,000.00 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 UNDERGROUND EASEMENT and shall be notified in
writing well in advance of the actual start of construction within the UNDERGROUND
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
UNDERGROUND 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 all pavement, sidewalks, curb and gutter, existing utilities, and landscaping to a
condition acceptable to the GRANTOR.
The GRANTEE during the course of installation and future operation of the
FACILITIES, shall not encroach beyond the boundaries of the UNDERGROUND
EASEMENT or any other easement that may be granted by the GRANTOR. Should the
UNDERGROUND 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 UNDERGROUND
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 UNDERGROUND EASEMENT and GRANTEE accepts the property in "as is"
condition.
All notices, requests, consents and other communications required or permitted
under this UNDERGROUND 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
Department of Water and Sewer
P.O. Box 330316
Miami, Florida 33233-0316
TO GRANTOR:
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 Department of Real
Estate and Asset Management
444 SW 2 Avenue, Suite 325
Miami, FL 33130
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 forn of overnight mail service.
Any disputes between the parties under this instrument will be resolved in
accordance with the Florida Governmental Conflict Resolution Act, eh. 164, Fla. Stat.,
as amended from time to time.
[Signatures appear on next page J
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
UNDERGROUND 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, Director
Risk Management Department
EXHIBIT "A" — 15 FEET WIDE EASEMENT
LEGAL DESCRIPTION OF AN EASEMENT TO BE GRANTED TO THE MIAMI-DADE
WATER & SEWER DEPARTMENT AND LYING AT ADDRESS 3501 RICKENBACKER
CAUSEWAY AND 3511 RICKENBACKER CAUSEWAY RESPECTIVELY AND LOCATED
AT THE MIAMI MARINE STADIUM LEASE PARCEL.
A STRIP OF LAND 15-FEET IN WIDTH AND BEING A PORTION OF SECTION(S) 17
AND 18, TOWNSHIP 54 SOUTH, RANGE 42 EAST OF THE CITY OF MIAMI, MIAMI-
DADE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHE.AST CORNER OF SECTION 17, TOWNSHIP 54 SOUTH,
RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA (A FOUND BRASS DISK IN
CONCRETE MONUMENT INSIDE A 24" DIAMETER CONCRETE LINE HANDHOLE
STA.MPED FLORIDA DEPARTMENT OF ENVIRONMENTAL PR.OTECTION CER.TIFIED
CORNER RECORD NO, 70631 AND:FILED MARCH 30, 2001), THIS POINT DESIGNATED
AS 'POINT OF COMMENCEMENT (P.O.C.); THENCE ON A N89'56'49"W BEARING
ALONG THE SOUTH LINE OF SAID SECTION 17 FOR ,A DISTANCE_O1?2649.94-FEET TO
A POINT OF INTERSECTION WITELIIIE :CENTERLINE OF "RICKENBACKER___------7-7----
CAUSEWAY"-(A-FOUND 1" .DIAMETER IRON piMIN,CONGRUE):.ASPRDED IN
11434 AT P0, 234 OF TW.ptIBLIC-RECORDSOF:MIAMIDADE COUNTY;
1'HENCEVJNN45922T7"W-AS-BASIS OF BEARING ALONG THE CENTERLINE OF
SAID "RICKENBACKER CAUSEWAY" A DISTANCE OF 1284,62 .FEET TO A POINT;
THENCE RUN ON A N44°37'53"E BEARING FOR A DISTANCE.OF 200.00 FEET TO A
POINT (FOUND 1" DISC IN CONCRETE STAMPED CITY OF MIAMI BEING FOUND 0.13
FEET EAST AND 0.37' FEET SOUTH THEREOF) AND BEING THE, SOUTHWESTERLY
CORNER. OF MAST ACADEMY AS RECORDED IN O.R.B. 14528 AT PG, 664 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY; ALSO BEING A POINT ON THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID "RICKENBACKER CAUSEWAY;"
ALSO BEING ON THE SOUTHWESTERLY LINE OF A TRACT OF LAND CONVEYED TO
THE CITY OF MIAMI FROM MIAMI-DADE COUNTY AS RECORDED IN O.R.B. 3609 Al
PG. 160 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
THENCE RUN ON A N44°37'53"E BEARING FOR A .DISTANCE OF 11.7.74 FEET ALONG.
THE WESTERLY LINE OF SAID "MAST ACEDEMY" TO A POINT OF INTERSECTION
WITH, THE APPROXIMATE CENTERLINE OF AN EXISTING 8" SANITARY SEWER.
LINE; THENCE RUN N04-'08111"W ALONG SAID EXISTING 8" SANITARY SEWER LINE
FOR A DISTANCE OF 79.21 FEET TO AN EXISTING SANITARY SEWER MANHOLE;
THENCE RUN 'N00°51`08"E FOR A DISTANCE OF 7.50 FEET TO THE POINT OF
BEGINNING (P.O.B,) OF SAID 1.5-FEET WIDE EASEMENT TO COINCIDE :HENCEFORTH
WITH THE APPROXIMATE CENTERLINE OF A 10" SANITARY SEWER. LINE UNLESS
NOTED OTHERWISE; THENCE RUN 'N00°51`08"E FOR A DISTANCE OF 196.43 FEET TO
A POINT; THENCE RUN N45°21.126"W FOR A DISTANCE OF 870,12 FEET TO A POINT
OF INFLEcTipN; THENCE, RI IN N44°3834"E FOR, A 'MST, ANC E OF 4.25 FEET TO A
'BEGIN' POINT,(CENTERLIN.E) OF A 23.5 FEET WIDE EASEMENT TO BE SHARED
WITH'A.::1-MDWASD WA FEWAIN; THENCE RUN N45°2126W FOR A DISTANCE OF
dto„,*Ottto-,APOINT; THENCE RUN S89°41140W FOR A DISTANCE
0112:15 FEgT To -A porNT;
DATE: 01/28/2016:: Page 1 of 4
THENCE RUN N45°21'26W FOR A DISTANCE OF 234.67 FEET TO A 'ENDPOINT
(CENTERLINE) OF SAID 23.5 FEET WIDE EASEMENT; THENCE RUN N44°38134E FOR
A DISTANCE OF 4.25 FEET TO A POINT OF INFLECTION; THENCE RUN N45°2126"W
FOR, A. DISTANCE OF 325.92 FEET TO A POINT; THENCE RUN N87°58'29"W FOR A
DISTANCE OF 141.39 FEET TO A POINT; THENCE RUN N66°1935"W FORA DISTANCE
OF 31.67 FEET TO A PONT; THENCE RUN S85°4929W FOR A DISTANCE OF 16.93
FEET TO THE POINT OF TERMINATION OF THIS EASMENT ALSO BEING 7.5 FEET TO
THE SOUTHWEST OF A CLBANOUT;
SAID :EASMENT IS BOUND BY AN AREA CONTAINING 0.7509 ACRES MORE OR LESS
AND BENG WITHIN A TRACT OF LAND ALSO KNOWN AS THE "MIAMI MARINE
STADIUM. LEASE PARCEL" AND OWNED BY THE CITY •OF MIAMI ON VIRGINIA KEY
AND BEING LEASED BY THE CITY 0E1M:1AM TO MARINE STADIUM ENTERPREISES
INC WITH FOLIO NO. 01-4217-oo0mn0.
THE CENTERLINE OF THE ABOVE DESCRIBED AREA IS APPROXIMATELY
COINCIDENT WITH THE CENTERLINE OF A 10" SANITARY SEWER LINE AND AS
SHOWN IN THE ATTACHED SKETCH (SHEET 3 OF 3 AND 4 OF 4; EXHIBIT "A").
• THIS LEGAL DESCRIPTION IS PREPARED BY MPG TECHNICAL GROUP CORP. •
-------------MICHAELCAROZZAPROFESSIONAL-LAND-SURVEYOR-8&-MAPPER-LICENSE•NO,
6955,-STATE OF-FLORIDA'DATED 10/23/2015, FOR'THRIVIIAMI-MARINE-STADIUM • •
PROJECT, CITY OF MIAMI, :MIAMI-DADE COUNTY, FLORIDA.
MC A ,,‘CAR P, S. 46955
MP'Th1iiiia Corp.
908SW141 Awnue:
Miahii, Florida 33184
Ph. (305) 559-900, (305) 559-8914
DATE: 01/28/2016'
Page 2 of 4
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SECTION 17-64,42
BRASS 01$01N CONC..
MONUMENT INSIDE 24.0 CONCRETE
LINED HAND HOLE
(FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION CERTIFIED CORNER
RECORD No.70631
FILED MARCH 3S, 2001)
2649.94'(0.R,B. 11484, PG.234)
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EXHIBIT ifAi
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION
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MPG TECHNICAL GROUP CORP
CERTIFICATE OF AUTH. # LB-6932
908 8,W, 141st Avenue,
Miami, Florida 33184
Ph. (305) 559-9043 Fax, (305)559-8914
SIZE FSCM NO,
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SEC. '17-18-54-42
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SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION
MPG TECHNICAL GROUP CORP.
CERTIFICATE OF AUTH, LE-6932
908 SW 141st Avenue,
Miami, Florida 33184
Ph, (305) 559-9343 Pax. (305)559-8914
SIZE FSCM NO.
A N/A
DWG NO.
N/A
REV
DATE; '
3
SCALE N.T.S
SHEET 4 OF 4