HomeMy WebLinkAboutExhibit - EasementThis instrument prepared by
and shall be returned to:
City of Miami Public Works Department
Attention: Director of Public Works '
444 SW 2"' Avenue, $'" Floor
Miami, FL 33130
Location: 300 SE 3 Street, Miami, FL, 33131
Folio No.: 01-0114-030-1130
Area Reserved for Recording
PERPETUAL EASEMENT
THIS EASEMENT made this l day of t� , 20(...by MDM
Retail, Ltd., a Florida Limited Partnership, whose ad. ss is 9090 Sbuth Dadeland Boulevard,
Miami, Florida, 33156, ("Grantor"), to the CITY OF MIAMI, a Florida Municipal
Corporation, its successors and assigns, whose address is 444 SW 2" Avenue, Miami, FL
33130 ("Grantee").
WHEREAS, Grantor is the owner of fee simple title in and to the property described as
Lots 1 through 4 and Lots 11 through 14, less the east 5 feet of Lots 4 and 11, and less City right
of way described in Official Record Book 27220 at Page 0159, Block 3, Du Pont Plaza,
according to the plat thereof as recorded in Plat Book 50, Page 11, of the public records of
Miami -Dade County, Florida.
WITNESSETH, that the Grantor for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration paid, the receipt and sufficiency of which is
hereby acknowledged, hereby grants unto Grantee, its successors and assigns, a perpetual
easement for public pedestrian ingress and egress over and upon the sidewalk, with full authority
to enter upon the sidewalk, said land lying 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, the Grantee shall have the right of usage
and enjoyment of the easement for public pedestrian ingress and egress. purposes. The Grantor
shall Construct and maintain sidewalk within the easement area and to clear and keep clear all
trees, undergrowth, and other obstructions that may interfere with the normal ingress and egress
upon the easement by the Grantee, out of and away from the herein Grantee right-of-way and
that the Grantor, its successors and assigns, agree not to build, construct or create nor permit
others to build, construct or .create, any buildings or other structures on the herein granted
easement that may interfere with the normal ingress and egress purpose. Grantor further grants
the reasonable right to enter upon adjoining lands of the Grantor for the purpose of exercising the
rights herein granted.
Grantor shall maintain the 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 primarily 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 or to maintain any civil or other claim, demand, cause of action, debt, default, or other
relief against the said Grantee andits successors and assigns from any or all personal injury,
property damage, or diminution of property rights arising from or accruing by virtue of the
Grantor's activities, acts and omissions under this easement and/or construction on and/or
maintenance to the lands, if any, owned by the Grantor, laying adjacent, continuous or abutting
to the lands hereinabove described and the Grantor shall defend title to said lands against all
persons claiming by, through or under said Grantor, and shall indemnify, defend, and hold
harmless the Grantee against any and all claims, costs, expenses, deficiencies, liabilities,
judgments, losses, damages, or suits (including related counsel fees at trial and appellate
proceedings, and court costs) arising from or in connection with the Grantor's activities under
this easement, in whole or in part.
Insurance. The Grantor shall maintain in full force at all times during the term of this
agreement, a commercial general liability coverage affording bodily injury, including death and
property damage with limits of $1,000,000.00 per occurrence, $2,000,000.00 policy aggregate.
The certificate shall include coverage for premises liability, and any other applicable coverage
exposures as applicable, in connection with this easement. The certificate shall reflect a primary
and non contributory basis, and shall reflect the Grantee as an additional insured on this
coverage.
The insurance and easement shall be subject to the approval of the City of Miami Risk
Manager and the City of Miami Attorney. The insurance policy shall be procured and premiums
paid by Grantor. The effective date of the policy shall be prior to or on the effective date of the
Easement and the policy term or any renewals thereof shall remain in effect for the term of the
Easement.
The insurance carrier for the policy must be rated no less than A- as to management and
no less than Class (V) as to strength by the latest edition of Best's Insurance Guide and must be
approved by the City of Miami Risk Manager. Grantee shall be listed as Additional Insured
under the policy. Proof of insurance shall be supplied to the satisfaction of Grantee prior to the
issuance of any permits. A Certificate of Insurance bearing Grantee as "Additional Insured" shall
in no way relieve Grantor of the obligation to add Grantee as "Additional Insured" to the actual
insurance policy. The insurance policy shall provide that Grantee be given at least thirty (30)
days advance written notice of any material changes, cancellation or non -renewal notification of
any policy and, in the event of such material change, cancellation or non -renewal notification,
Grantor shall immediately replace said policy with another policy to the satisfaction of Grantee
with the receipt of a certificate of insurance for such policy by Grantee at least ten (10) days
prior to the effective date of the material changes, cancellation or non -renewal of any policy. In
the event that the Grantee is not in possession of same by such date, then Grantee shall have the
right to immediately secure a similar insurance policy in its name with the total cost of the
premium and all monies that may become due during the term of the easement being charged to
tha Grantor and Grantee shall have the right to declare and establish said costs as a lien on
property described herein of Grantor, enforced as any lien provided for under the statutes of the
State of Florida. Grantor agrees to increase from time to time, as required by the City of Miami
Code, the limits of the comprehensive liability insurance policy required to be provided pursuant
to this Easement, upon the written request of Grantee.
This Easement agreement shall be binding upon successors and assigns, personal
representatives, heirs, 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.
The Grantor's representative below is hereby authorized and directed to execute this
perpetual easement with the Grantee.
[SIGNATURE PAGE FOLLOWS]
personally known to me to or who has produced
identification, and who did (did not) take an oath.
(Signature),
(Prinf/Type Name)
My Commission Expires:
Serial No., if any:
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the
day and year first above written.
Signed, sealed and delivered in the presence of:
Witness:
Print Name: mot:
Address: T s 0
t -! 1
GRANTOR:
MDM RETAIL, LTD., a Florida limited partnership
By: MDM II, LLC, a Florida limited liability
company
Its: General Partne
Witness: By: Print name: f-vts R.,
Print Name: 4drier /75 c (044
Address: -$9. ►scrtY0.0e —4YP,
Pi. Via
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Its: Managing Member
The following instrument was acknowledged before me this day of
20 ,by „who is
as
Notary Stamp:
CITY OF MIAMI, a municipal
ATTEST: corporation of the State of Florida
By:
Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
By:
Victoria Mendez, City Attorney Ann -Marie Sharpe, Director
Risk Management Department
LEGAL DESCRIPTION
MET SQUARE, MIAMI, FL - PEDESTRIAN EASEMENT
EXHIBIT "A"
LEGAL DESCRIPTION:
A PARCEL OF LAND BEING A PORTION OF LOTS 1 AND 14,
BLOCK 3 IN DU PONT PLAZA, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 50, PAGE 11, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE POINT OF' INTERSECTION OF THE
WESTERLY PROJECTION OF SOUTH LINE AND THE SOUTHERLY
PROJECTION OF THE WEST LINE OF SAID LOT 1; THENCE
NORTH 00'01'33" WEST, ALONG THE WEST LINE OF SAID LOT
1 AND ITS SOUTHERLY PROJECTION THEREOF, A DISTANCE
OF 62,25 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL OF LAND: THENCE CONTINUE NORTH
00°01'33" WEST, ALONG SAID WEST LINE OF LOTS 1 AND 14,
A DISTANCE OF 73.34 FEET; THENCE NORTH 89°58'27" EAST,
A DISTANCE OF 7.50 FEET; THENCE SOUTH 00°01'33" EAST,
ALONG A LINE LYING 7.50 FEET EASTERLY OF AS MEASURED
AT RIGHT ANGLES TO SAID WEST LINE OF LOTS 1 AND 14, A
DISTANCE OF 73,34 FEET; THENCE SOUTH 89°58'27" WEST, A
DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING..
LOCATION SKETCH (Scale: 1"-300')
IN JAMES HAGAN DONATION
ALSO KNOWN AS
SEC, 37, TWP. 54 S., RNG. 42 E,
ALL OF THE FOREGOING LYING AND BEING IN JAMES HAGAN
DONATION (ALSO KNOWN AS SECTION 37, TOWNSHIP 54
SOUTH, RANGE 42 EAST), MIAMI-DADE COUNTY, FLORIDA
CONTAINING AN AREA OF 550 SQUARE FEET (OR 0.013
ACRES) MORE OR LESS.
SURVEYOR'S NOTES:
1. THE SUBJECT PROPERTY LIES WITHIN A PRIVATE DONATION KNOWN
AS THE JAMES HAGAN DONATION. (ALSO KNOWN AS SECTION 37,
TOWNSHIP 54 SOUTH, RANGE 42 EAST), AND IS NOT A PART OF THE
UNITED STATES GOVERNMENTAL SECTIONALIZED SURVEY
2. PEDESTRIAN EASEMENT POSITION AND DIMENSIONS ARE BASED ON
THE INSTRUCTIONS PROVIDED BY CLIENT,
3. DESIGN PLAN BACKGROUND INFORMATION SHOWN HEREON FOR
REFERENCE ONLY AND IT WAS PROVIDED BY CLIENT.
4, THE BEARINGS SHOWN HEREON ARE ON AN ASSUMED BASIS AND
ARE REFERENCED TO THE WEST LINE OF BLOCK 3, HAVING A BEARING
OF NORTH 00°01'33" WEST
5. BOUNDARY INFORMATION SHOWN HEREON IS BASED ON THE
BOUNDARY PREPARED BY BISCAYNE ENGINEERING CO„ INC. REFERENCE
ORDER # 03-83181, DRAWING # DC--5028—BND-2.
6. THIS SKETCH AND LEGAL DESCRIPTION ARE VALID ONLY WHEN ALL.
SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT.
7. PLATTED EASEMENTS OF ANY) ARE NOT SHOWN.
8. SEE LEGEND ON SHEET 3,
REVISIONS:
NOT VALID WITHOUT THE SIGNATURE AND
RAISED SEAL OF THE ATTES77NG FLORIDA
LICENSED SURVEYOR AND MAPPER.
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT THE ATTACHED "SKETCH
TO ACCOMPANY LEGAL DESCRIPTION" WAS
PREPARED IN ACCORDANCE WITH THE
STANDARDS OF PRACTICE FOR SURVEYING AND
MAPPING, AS SET FORTH IN CHAPTER 5J-17
FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. NOT VALID
WITHOUT THE SIGNATURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER.
THIS IS NOT A SURVEY
BISCAYNE ENGINEERING COMPANY, INC,
529 WEST FLAGLER STREET, MIAMI, FL. 33130
TEL. (305) 324-7671, FAX (305) 324-0809
STATE OF FLORIDA DEPARTMENT OP .GI1)CULTURE
L8-0000129
WOLFGANG S. HUECK
PROFESSIONAL SURVEYOR AND MAPPER NO, 6519
STATE OF' FLORIDA
Drawing No. 2228-SS-27
DATE; Nov 30, 2015 — 11;59om EST FIT; F:\SURUEY\'ROJEGTS\83000'43181 MDM—MET SQUARE\DWG\83181-VEST PEDESTRIAN ESMNT.dw9
PROJECT:
SC�IJAR_ PE]�5�7—'RIAIV EA C I —r
DATE:
11-30-2015
CLIENT NAME: MDM DEVELOPMENT GROUP
DRAWN BY
I.V.
REVISION DATE:
BEC ORDER #
03-83181
SHEET
1OF3
1898 529 WEST FLAGLER ST, MIAMI FL 33130
BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700
WWW. BISCAYNEENGINEERING. COM
• SKETCH LTO ACCOMPANY
COMPANY
LEOATAI DESCRIPTION
• MET SQUARE, MIAMI, FL - PEDESTRIAN EASEMENT
.E •C
SCALE: 1 "=3O'
I
1-1
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P.O.B.
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PEDESTRIAN
EASEMENT
SEE DETAIL "A"
ON SHEET 3.
P.D.C.
1▪ 0
L=39.26'
R=25. 00'
4=89'59'05„
•`. 1
W'LY PROJECTION
OF THE SOUTH
LINE OF LOT 1
LOT 14
LOT 1
SOUTH LINE
OF BLOCK 3
100'(P) 50' (P)
S89 59'22"W
Biscayne Boulevard Way
(SE 4th Street)
70' R/W (P)
S89.59'22 "W
LOT 13
LOT 2
Drawing No. 2228-SS-27
DATE; Nov 30, 2015 - 11:59am EST• FILE: F:\SURVEY\PRO,ECTS\B3004\83181 - MDM-MET SQUARE\DWG\83181-1EST PEI1ES'021AN ESMNT.dwg
PROJECT:
M E-r c I_.11"..IF:Z . P' E ED E• r R I JS N Edo. a IN/1 E hJ
DATE:
REVISION DATE:
11-30-2015
CLIENT NAME: MDM DEVELOPMENT GROUP
E3EC ORDER #
03-83181
DRAWN BY
SHEET
20F3
RISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700
4898 529 WEST FLAGLER ST, MIAMI FL 33130 WWW.BISCAYNEENGINEERING.COM
SZInurCEE TO *OC 0-ZSPIANIT
UE-10.1,:LL DENCREPTIONt
MET SQUARE, MIAMI, FL - PEDESTRIAN EASEMENT
DETAIL "A"
SCALE: 1".=:0'
N89°58 27"E
7,50'
SE 3rd Avenue
P.O.B.
S89°58'27"W
7.50'
LOT 14
LOT 1
SYMBOLS AND ABBREVIA TIONS:
ESMNT - EASEMENT
P.B. - PLAT BOOK
PG. - PAGE
- CENTER LINE
- MONUMENT LINE
SEC. - SECTION
TWP. - TOWNSHIP
RNG. - RANGE
(P) - RECORDED PLAT DIMENSION (TYPICAL)
P.O.C. - POINT OF COMMENCEMENT
P.O.B. - POINT OF BEGINNING
Drawing No. 2228-SS-27
DATE: Nov 30, 2015 — 12:OOpm EST FILE: FASURVEYYROJECTS\83006\83181 — SQUARE\DING\831131—WEST PEDES1RIAN ESAINT.ko
PROJECT: F" E E ETFR. lint, NI EEJ3 1V1I NJT
DATE:
11-30-2015
CLIENT NAME: MDM DEVELOPMENT GROUP
DRAWN BY
I.V.
REVISION DATE:
SEC ORDER #
03-83181
SHEET
3 OF 3
BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700
f 898 529 WEST FLAGLER ST, MIAMI FL 33130
WWW. BISCAYNEENGINEERING. COM
Diagram A
DROP-OFF AREA —
MET SQUARE
DIAGRAM "A" OF MEDIATED ACTION KAN
RESOLUTION R-I4-0134
3/27/14
SE 3, STREEr
711441--
BISCAYNE BOULEVARD WAY
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METiquate.
B-15 Submitted into the public record in
connection with item PZ.11on
03/27/2014,
Todd B. Hannon
City Cierk