HomeMy WebLinkAboutExhibitThis 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 andvaluable 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, reconstruct, lay, install, operate, maintain, relocate, repair,
replace, improve, remove and inspect water transmission and distribution facilities and all
appurtenances thereto, including but not limited to, fire hydrants, and/or sewage
transmission and collection facilities and all appurtenant equipment, which right,
privilege and easement shall include the right to remove or demolish, as may be
necessary to carry out any right granted herein, 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 betweenthe 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,
2
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
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
commmunications) 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
3
WITII 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
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]
4
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
5
EXHIBIT "A"
WATER & SEWbR LAS&MbN !
ADDRESS: 1099 McArthur Causeway, Miami, FI 33132
PARCEUFOLIO # 01-3231-000-0013
SEC. 32 TWP. 53 S RGE42 E
MIAMI-DADE COUNTY, FLORIDA
DW 2013-102 AGREEMENT No. 21141
MIAMI OUTBOARD CLUB
SURVEYOR'S NOTES:
1. This is not a Boundary Survey.
2. Bearings shown hereon are based on the bearing for the
Centerline of DOUGLAS MAC ARTHUR CAUSEWAY
S30°03'34"E,
3. Not valid without the signature and the original raised seal of a
Florida licensed surveyor and mapper.
4, One page is not valid without the others,
5. Min. Vertical clearance of this easement is 25Ft.
6. This easement strip forms a closed geometric figure,
PROJECT
LOCATION
SURVEYOR'S CERTICATE:
I HEREBY CERTIFY: that the LEGAL AND SKETCH of the Property
described hereon was made under my supervision and that the LEGAL AND
SKETCH meets the Standards of Practice set forth by the Florida Board of
Professional Land Surveyors and Mappers in Chapter
5J-17.050 throught 5J-17.052, Florida Administrative Code pursuant to
Section 472.027, Florida Statutes, That the Sketch hereon is true and correct
to the best of my knowledge and belief. Subject to notes and notations
shown hereon. This Sketch does not represent a Land Survey.
VICINITY MAP
NT.S.
LEGEND:
1, P.O;B denotes Point of Beginning ,
2. P.O.0 denotes Point of Commencement.
3. P.O.T denotes Point of Termination.. ;F
4, R/W denotes Rignt o
5. P.T. Point of Tangency!) G +
BY W/1. JAMjHERRYMAN
.Pi'o1,0ssl0.01 Sur,Yayorand Mappgr .,
' C rt[flcatoNo,2804'
7A' E O6 FI:ORIDA; t ! `
30013ayVjoW DY)vagyf=209 r
Sunny Isles, Flprlda 33160 a
phone 305.806.0031
Additions or deletions to''Sutvey Maps by other than
the signing are prohibited without the written consent
of the signing party, 4 a
LEGAL AND SKETCH
1099 McArthur Causeway
Miami, FI 33132
WH
WILLIAM HERRYMAN, PLS, P,A,
LS 2804 LB 7781
300 Bay View Drive # 209
Sunny Isles, Florida 33160,
TEL. (305)-542-9936.
DRAWN: LDD REVISED:
CHECKED BY:WH
SCALE: AS SHOWN
SHEET 1 OF.-3-.._.... .___._.__.__.
EXHIBIT "A"
.....__VI ATER .. ._SEWER...EASEMENT._
ADDRESS: 1099 McArthur Causeway, Miami, FI 33132
PARCEL/FOLIO # 01-3231-000-0013
SEC, 32 TWP, 53 S RGE,42 E
MIAMI-DADS COUNTY, FLORIDA
DW 2013-102 AGREEMENT No. 21141
MIAMI OUTBOARD CLUB
LEGAL DESCRIPTION:
A STRIP OF LAND, AN EASEMENT FOR MIAMI-DADE WATER AND SEWER DEPARTMENT,
BEING A PORTION OF SECTION 32, TOWNSHIP 53 SOUTH, RANGE 42 EAST, IN MIAMI-DADE
COUNTY, FLORIDA SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE (PT) LOCATED IN THE CENTERLINE OF DOUGLAS MAC ARTHUR
CAUSEWAY STA 216+25.58 AS PER FDOT. SECT, 8706,2576; THENCE RUN S 30°08'34"E
ALONG THE AFOREMENTIONED CENTERLINE OF DOUGLAS MAC ARTHUR CAUSEWAY FOR
A DISTANCE OF 1014.61 TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE
TO THE NORTHEAST, RUN ALONG THE ARC LENGTH FOR 273,20 FEET OF SAID CURVE
HAVING RADIUS 1910,08 FEET AND A CENTRAL ANGLE OF 8°11'42" TO A POINT; THENCE
N51 °40'34"E RADIAL LINE FOR A DISTANCE OF 154.78 FEET TO THE POINT OF BEGINNING;
THENCE RUN N28°03'34"E FOR A DISTANCE 0F14.42 FEET; THENCE S41°19'32"E FOR A
DISTANCE OF 433.08 FEET; THENCE S74°23'04"E FOR A DISTANCE OF 111.58 FEET;
THENCE S15°36'56"W FOR A DISTANCE OF 12.0 FEET; THENCE N74°22'58"W FOR A
DISTANCE 53,21 FEET; THENCE S14°14'47"W FOR A DISTANCE 0F15.38 FEET; THENCE
N86°38'04"W FOR A DISTANCE OF 12.20 FEET; THENCE N14°11'38"E FOR A DISTANCE OF
17.97 FEET; THENCE N74°23'04"W FOR A DISTANCE OF 8.87 FEET; THENCE S15°36'56"W
FOR A DISTANCE OF 38,57 FEET; THENCE N74°23'04"E FOR A DISTANCE OF 16.92 FEET;
THENCE N15°36'56"E FOR A DISTANCE OF 38.57 FEET; THENCE N74°23'04"E FOR A
DISTANCE OF 45.22 FEET; THENCE N41°19'32"W FOR A DISTANCE 0F143.71 FEET; THENCE
S48°21'08"W FOR A DISTANCE OF 24.97;THENCE N41°38'52"W FOR A DISTANCE OF 12,0
FEET; THENCE N48°21'08"E FOR A DISTANCE OF 25,04 FEET; THENCE N41 °19'39"W FOR A
DISTANCE OF 140.14 FEET; THENCE S49°06'23"W FOR A DISTANCE OF 16.78 FEET; THENCE
N40°53'37"W FOR A DISTANCE 0E18.98 FEET; THENCE N49°06'23"E FOR A DISTANCE
0E14.64 FEET;THENCE S41 °19'32"E FOR A DISTANCE OF 15,21 FEET; THENCE N49°56'21"E
FOR A DISTANCE OF 12.01 FEET; THENCE N41°19'45"W FORA DISTANCE 0E114,52 FEET TO;,
THE POINT OF BEGINNING.
ALL CONTAINING 11,707 SQUARE FEET MORE OR LESS.
Additions or deletions to Survey Maps by other than
the signing are prohibited without the written consent
of the signing party,
eY 410 FJERFt1 MAN /`
'rrprossione Survoyor and *pear,.
Certf!o(t¢ NO: 2804
STATE'OF,` FLOIa1bA "•
300.13ayviow Orivo #i20J.
• SUnny 1a1esi Florida 33160
phone306-606-0031 -
LEGAL DESCRIPTION
1099 McArthur Causeway
Miami, FI 33132
WH
WILLIAM BERRYMAN, PLS, P.A.
LS 2804 LB 7781
300 Bay View Drive # 209
Sunny Isles, Florida 33160,
TEL. (305)-542-9936,
JOB No.: 15-07-EASE
DRAWN DATE: 07-17-2015
DRAWN: LDD rREVISED:
CHECKED BY: WH
SCALE: AS SHOWN
SHEET 2 OF 3
EXHIBIT "A"
trIVATEF? -& SEWER EA S E PvIENT
ADDRESS:4099 McArthur Causeway, Miami, F/33132
PARCEL/FOLIO # 01-3231-000-0013
DW 2013-102 SEC. 32 TWP. 53 S RGE.42 E
AGREEMENT No. 21141 MIAMI OUTBOARD CLUB
0.0 \ POINT OF COMMENCE
o a \\\\
cs).
k.2
2,=,
\ Pi;41 WO I ,Y\
(1) \ P.O.B {-
\ \\ L=273.20 \
cv• R=1010.08 \
L=8'11.42"
#./
'N Y /
4 <1
0 PP \
(PT) C/L OF DOUGLAS/MAC ARTHUR CAUSEVVAY
\\\ STA: 216+21,58 AS PR FDOT,
,\SECT 87062576 '
/
/ ., ( ,
/
N28°03'34"E 01
,op,g0
14.42' ,c..1 - f -,,...• -; , ';`
:
1
7,'',.' , Z
- ,
', M
7('K\ \ '°e \ \
16,78, , vv
c.) .,
et/
25, „
04, 08'z..17- --/7
o
7/44
1,
o
0
\
414
T 0
,
,, .
,,24.9.,' 08,14,
, ' 1 ' 45 ‘.)0
, -3,,,_,--, \.„, •2
S48.24,
,ro'
A/74v2,,'4e; px,
,fy.4,
llii.s8,,) I 12.00'
S74°z3, '
6.87, q1"14/ S15°36'56"W
1\174°2: mr\
1
15'36'86,
\ v74922'58"W
- '4t'')
/6„g2, sUi4:14N.X./ ' I
N74 ...23,_ ,.., ‘., ....... ..., ' ..,..v,
F'
T-
&
N14°11'38"E ‘,"',.,.' .1 - N)8' 6 't 31S80:434 4'
\ ....1),N..., 17.97'
1
'1>
Additions or deletions to Survey Maps by other than
the signing are prohibited without the written consent
of the signing party,
BY: WIL IAM flIERRYMAN
Professional Surveyor and Mapper
Certificate No, 2804
STATE OF FLORIDA
300 Bayview Drive # 209
Sunny Isles, Florida 33160
phone 305-606-0031
SKETCH
1099 McArthur Causeway
Miami, F133132
W H
WILLIAM FIERRYMAN, PLS, P.A.
LS 2804 LB 7781
300 Bay View Drive # 209
Sunny Isles, Florida 33160,
TEL. (305)-542-9936.
JOB No.: 15-07-EASE
DRAWN DATE: 07-17-2015
DRAWN: LDD IREVISED:
CHECKED BY: VVH
SCALE: N.T.S
SHEET 3 OF 3
EXHIBIT B
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF
INSURANCE- GRANT OF EASEMENT MIAMI DADE COUNTY
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Lirnit $ 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
11. 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.
ID #:
21141
ABSOLUTE BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF
FLORIDA, hereinafter called GRANTOR which term shall include the singular or plural as
the context shall require, for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration, paid and delivered by MIAMI-DADE COUNTY, a
political subdivision of the State of Florida, hereinafter called GRANTEE/ the receipt
whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered,
and by these presents does grant, bargain, sell, transfer.and deliver unto the GRANTEE,
its successors and assigns, the following:
All water & sewer facilities built and constructed to serve Miami Outboard Club, DW
2013-102 & DS 2013-554, ID# 21141 located in Section 33-56-39, Miami -Dade County,
Florida, as shown on Exhibit "A" attached hereto and made a part .hereof and as more
particularly described on Exhibit "B" attached hereto and made a .part hereof.
TO HAVE AND TO HOLD the same unto the GRANTEE, its successors and assigns forever.
GRANTOR does covenant to and with the GRANTEE, its successors and assigns, that GRANTOR
is the lawful owner of the above described; that said property is free from all
encumbranoes; that GRANTOR has good right to sell the same aforesaid; that the GRANTOR.
will warrant and defend the sale of the said property unto the GRANTEE, its successors
and assigns, against the lawful claims and demands of all persons whomsoever.
/N WITNESS WBEREOF, the GRANTOR has hereunto set its hand and seal this day of
,, 20 .
ATTEST:
By:
CITY OF MIAMI, A MUNICIPAL
CORPORATION or THE STATE OW
FLORIDA •
Signature Signature
Todd Bannon, City Clerk Daniel J. Alfonso, City Manager
STATE OF FLORIDA
COUNTY OF NIAMI-DADE
The foregoing instrument was acknowledged before me this day of
, 20 by Daniel J. Alfonso as City Manager and Todd B. Hannon,
as City Clerk of CITY OF MIAMI, A—MUNICIPAI CORPORATIONOF THE STATE OF FLORIDA, They
are personally known to me or have produced as identification
and did/did not take an oath —
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