HomeMy WebLinkAboutExhibitThis instrument prepared by and return to:
Manuel A. Diaz, Esq.
Lydecker Diaz
1221 Brickell Avenue
191h Floor
Miami, FL 33131
GRANT OF PUBLIC ACCESS EASEMENT AND UTILITY EASEMENT
THIS GRANT OF PUBLIC ACCESS EASEMENT (the "Easement") is made this
day of September, 2016 by PACIFIC NATIONAL BANK, a national banking association, its
successors and assigns, whose mailing address is 1390 Brickell Avenue, 5th Floor, Miami,
Florida 33131 ("PNB"), in favor of the CITY OF MIAMI, a municipal corporation, whose mailing
address is c/o City of Miami, 3500 Pan American Drive Miami, Florida 33133 (the "City" or
"G rantee").
RECITALS:
WHEREAS, PNB is the fee simple owner of certain real property located in the City of
Miami, Miami -Dade County, Florida, more particularly described in attached Exhibit "A," (the
"PNB Property"); and,
WHEREAS, as part of its application for plat approval by the City (the "Plat Approval"),
PNB requested that the City close, vacate, abandon and discontinue for public use a portion of
an alley running through the PNB Property, which alley is located between South Miami Avenue
and Brickell Avenue, and between Southeast 13th Street and Southeast 14th Street, Miami,
Florida, and more particularly described in attached Exhibit "B," (the "Easement Area"); and,
WHEREAS, by City Resolution R-14-0246 dated June 26, 2014, the City closed,
vacated, abandoned and discontinued for public use the Easement Area.; and,
WHEREAS, as a condition of final Plat Approval, the City requires PNB to grant City an
access easement for the term and for the purposes described in section 2 of this Easement in,
over, upon, across and through the Easement Area; and,
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged by the parties, City and PNB agree as follows:
1. Incorporation of Recitals. The parties acknowledge that the foregoing recitals
and the exhibits referred to therein are true and correct and hereby incorporated into this
Easement as if fully set forth herein.
2. Public Access Easement. Until such time as PNB submits to the City its initial
plans to redevelop the PNB Property (the "Redevelopment"), PNB grants and conveys to City,
its successors and assigns, the right to continue the use of the Easement Area for City
emergency response vehicles and personnel and for utility services. During such time, the
Page 1 of 11
MIA 183849461
general public shall also have the right to continue the use of the Easement Area for vehicular
and pedestrian easement access.
3. Control of Easement Area. The City shall have the right to exercise the same
control over the Easement Area as if the same were a dedicated right-of-way, including, without
limitation, the enforcement of traffic and parking regulations and all required police action and
the acceptance and approval of such easement shall in no way relieve PNB from complying with
any and all regulations pertaining to right-of-ways, including but not limited to the building,
zoning and other applicable regulations of the City.
4. Right of Entry. The City and such utility companies, as may be necessary, shall
have full right to enter upon the Easement Area at any time.
5. Removal and/or Relocation of Utilities. The cost of removal and/or relocation
of any and all utilities, including storm and sanitary sewers, installation of any required drainage
facility, removal of curbs or abandoned concrete approaches and sidewalks, shall be borne by
PNB with respect to the PNB Property.
6. Covenant Running with the Land. This grant on the part of PNB constitutes
both a covenant and a condition running with the land and shall be recorded, at PNB's expense,
in the public records of Miami -Dade County, Florida, (the "Public Records") and shall remain in
full force and effect and be affirmatively enforceable against the parties hereto, and their heirs,
successors and assigns through the Easement Release Date as defined in Paragraph 8 of this
Easement. These restrictions during their lifetime shall be for the benefit of, and limitation upon,
PNB and for the benefit of the City and the public welfare.
7. Insurance and Indemnification. PNB shall indemnify and hold harmless the
City from all costs, losses, damages, liabilities, expenses, penalties, and fines whatsoever that
may arise from or be claimed against the City by any person or persons for any injury to person
or property or damage of whatever kind or character arising from out of or in connection with
this Easement or the use or occupancy of the Easement; from any neglect or failure by the City
to comply and conform with all laws, statutes, ordinances, and regulations of any government
body or subdivision now or hereafter in force. If any lawsuit or proceeding shall be brought
against the City, its agents or employees that is not based upon or does not arise from any acts
or omissions of the City, its agents or employees, any such actions or proceedings being
expressly excluded from the indemnification and insurance described herein, PNB agrees to
defend the City, pay whatever judgments may be recovered against the City, and pay for all
attorney's fees in connection therewith, including attorney's fees on appeal. PNB shall maintain
insurance on the Easement Area in a form acceptable to City, naming the City as an additional
insured, and shall provide the City with a certificate of insurance reflecting the same. The
obligations contained herein shall not be limited by the type or amount of insurance obtained by
PNB.
Any contractors utilized by PNB in connection with activities undertaken in connection
with this Easement, shall indemnify and name the City as an additional insured for the
negligence of the contractor and its subcontractors in connection with any activities
undertaken on the Easement Area. PNB will ensure that all contractors have the appropriate
commercial general liability, auto liability, and statutory workers' compensation coverage for
the State of Florida and shall also provide the City with a copy of the contractors' insurance
prior to the start of construction.
Page 2 of 4'i
MIA 183849461
8. Modification, Amendment, Release. This Easement is an irrevocable grant of
public easement access which may be modified, amended or released as to the Easement
Area, or any portion thereof, by a written instrument executed by PNB, including joinders of all
mortgagees, if any. If the PNB Property is redeveloped by PNB, or a successor in interest, and
a circulation plan is approved by the City's Fire -Rescue Department, this Easement shall be
released, terminated, and be of no further force and effect (the "Easement Release Date").
Should this Easement be so modified, amended or released, the City Manager, or in the
absence of the City Manager, his/her designee, shall forthwith execute a written instrument
effectuating and acknowledging such modification, amendment or release.
9. Enforcement. Enforcement shall be by action at law or in equity against any
parties or person violating, or attempting to violate, any covenants, either to restrain violations or
to recover damages. The prevailing party in any action or suit pertaining to or arising out of this
Easement shall be entitled to recover, in addition to costs and disbursements allowed by law,
such sum as the court may adjudge to be reasonable for the services of their attorney. This
enforcement provision shall be in addition to any other remedies available at law, in equity, or
both.
10. Election of Remedies. All rights, remedies and privileges granted herein shall
be deemed to be cumulative and the exercise of any one or more shall neither be deemed to
constitute an election of remedies, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies or privileges.
11. Severability. Invalidation of any one of these covenants, by judgment of a court,
shall not affect any of the other provisions which shall remain in full force and effect. However,
if any material portion is invalidated, the City shall be entitled to revoke any approval predicated
upon the invalidated portion.
12. Captions. The headings and captions contained in this Easement are for
convenience and reference only and in no way define, limit, or describe the scope of the intent
of this Easement.
13. Construction. All pronouns and any variations thereof shall be deemed to refer
to the masculine, feminine or neuter, singular or plural, as the identity of the part or parties may
require.
14. Exercise of Rights. Notwithstanding anything herein to the contrary, any rights
granted to the City shall be exercised so as to avoid and/or minimize interference with the use
and operation of the the PNB Property and the Easement Area.
15. Applicable Law. The validity of this Easement and all of its terms and
provisions, as well as rights and duties of the parties hereunder, shall be interpreted and
construed in accordance with the laws of the State of Florida.
16. Notices. All notices which shall be given under this Agreement shall be made in
writing by certified mail, return receipt requested, with property postage affixed, by telex, by
telecopy or by hand -delivery addressed:
As to PNB:
MIA 183849461
Pacific National Bank
1390 Brickell Avenue
5th Floor
Page 3of ti
As to City:
Miami, Florida 33131
Attn: Carlos Fernandez -Guzman
With copies to:
Manuel A. Diaz, Esq.
Lydecker Diaz
1221 Brickell Avenue
19th Floor
Miami, FL 33131
City of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
Attn: City Manager
With copies to:
City of Miami Attorney
444 SW 2 Avenue
Suite 945
Miami, FL 33130
City of Miami
Director of Public Works
444 SW 2 Avenue
Miami, FL 33130
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.
17. Recording. This Easement shall commence on the date of recordation in the
Public Records.
18. Governing Laws. The laws of the State of Florida shall govern the
interpretation, validity, performance and enforcement of this Easement. Venue for any action
brought hereunder shall be proper exclusively in Miami -Dade County, Florida.
19. Attorney's Fees. In the event a party institutes any legal action or proceedings
for the enforcement of any right or obligation herein contained, the prevailing party shall be
entitled to recover its cost and reasonable attorney's fees incurred in the preparation and
prosecution of such action or proceeding.
20. Successors and Assigns. The covenants, conditions and agreements
contained in this Easement will inure to the benefit of and be binding upon the successors and
assigns of PNB and the City.
MIA 183849461
Page 4 of 1l
21. Authority to Execute. PNB warrants and represents to the City that the
individual signing this Easement on its behalf has full power and authority to execute and deliver
this Easement and to bind PNB.
SIGNATURE PAGES ATTACHED
Page 5 of 11
MIA 183849461
IN WITNESS WHEREOF, Grantor has executed this Easement the day and year first above
written.
PACIFIC NATIONAL BANK
By:
Name: c
Title: .G-
W�fness Signature)
Print Name MW2 - P6-ivelE
Witness)
(Witness Signature)
Print Name (svl-. tiukows S
(Witness)
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
HEREBY CERTIFY, that on this day of 0 , 2016, before me
personally appeared ei `° n4Z- 6 a 14rias Tres r.1s..ror F. cEPP of PACIFIC NATIONAL BANK,
on behalf of said Bank, to me known to be the person described herein and did/did not produce
identification who executed the foregoing conveyance and severally acknowledged the
execution thereof to be his free act and deed as such officer, for the use and purpose therein
expressed; and he affixed thereto the official seal of said Bank, and the said instrument is the
act and deed of said Bank.
My commission expires:
,, "l; PAMEIAWENDEL
3'u- *; j+r MY COMMISSION # FF 121120
R tk Bonded Thru Nota y Penne UJnderwriters
9
MIA 183849461
Notar
I'o GG: a OF 41
ate of Florida
ATTEST: CITY OF MIAMI
By: By:
(SEAL) Todd B. Hannon Daniel J. Alfonso
City Clerk
Appr••. ed as to form and legal sufficien�cy:
Vict'J'"a Mend
City Attor -y
Juvenal S
Interim Pu
MIA 185383003v1
na, J P.E., CFM
Work Director
City Manager
Pace 'I of 11
Exhibit "A"
Legal Description of the PNB Property,
LOTS 12, 13, 14 AND 15, BLOCK 100S, AMENDED PLAT OF BRICKELLS ADDITION TO THE MAP OF MIAMI,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK B, PAGE 113, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
MIA 183849461
PM " 8 6? 11
Exhibit "B"
Legal Description of the Easement Area
PAGE 0) at 'i 1
Li' ROAM lamsoluEturzoNr
LEGAL DESCRIPTION:
ACCESS EASEMENT
A portion of a 20.00 foot wide strip of land lying in Block 100 South, of AMENDED MAP OF BRICKELL'S ADDITION
TO THE MAP OF MIAMI, according to the Plat thereof, recorded in Plat Book 'B" at Page 113 of the Public Records
of Miami -Dade County, Florida; Lying 10.00 feet on each side of the following described centerline.
COMMENCE at the Southeast corner of Lot 14, of said Block 100 South, said point being on the North Right of
Way Line of Southeast 14th Street as shown of said plat; Thence South 73'38'32" East, along the said North Right
of Way Line, for a distance of 10.00 feet to the POINT OF BEGINNING of the herein described Centerline; Thence
North 16'42'33" East, for a distance of 123.83 feet to the point of intersection with the Easterly projection of the
Northerly line of Lot 15 of said Block 100 South, and the POINT OF TERMINATION of the herein described
Centerline.
The sidelines of said 20.00 foot wide strip of land shall be lengthened and shortened as needed to terminate on
the Easterly projection of the Northerly line of lot 15 of said Block 100 South and to terminate on the North right
of way line of Southeast 14th Street. Said stripof land being within the alley of said Block 100 South.
SURVEYOR'S NOTES:
- This is not a survey.
- Bearings shown hereon are based on an assumed meridian, an
S.E. 14th Street, having a bearing of South 73'38'32" East.
- Area 2477 square feet or 0.057 acres more or less.
- This sketch and legal description are valid only when all
sheets are combined, forming the complete Document.
- This site lies in Section 39, James Hagan Donation, Township
54 South, Range 41 East, Miami -Dade County, Florida.
SURVEYOR'S CERTIFICATE:
I hereby certify that the attached "SKETCH TO ACCOMPANY
LEGAL DESCRIPTION" was prepared in accordance with the
Minimum Technical Standards for Surveying and Mapping,
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.
Biscayne Engineering Company, Inc.
529 West Flagler Street, Miami, FL. 33130
Tel. (305) 324-7671, Fax (305) 324-0809
State of Florida Department of Agriculture
LB-0000129.
Date: 03-07-2015
Wolfgang S. Hueck, PSM, For the Firm
Professional Surveyor and Mapper No. 6519
State of Florida
d are referenced to the North Line of
AMENDED MAP
OFBRICKELG S
IADDITION TO THE
MAP GO.F1j1PLAT BOM:10g
I
SE 14th STREET
_ P
BRICKELLIS ADDITION
—TOT MfA0 I
PLAT OEG.111
LOCATION MAP
IN MIAMI-DADE COUNTY, FL.
SCALE 1" = 300'
LOCATION
SITE
TRACT"A"
MUTUAL OF OMAHA
SUBDIVISION
PL T BOQK 8-4 PG, 57
SE 12th TERRACE
TRACT "A"
B-L-K- SUBDIVISION
PLAT BOOK 117,
PG, 70
SSW 13th STREET
TRACT"A"
U,C.P, SUBDIVISION
LAT B00K 121, PG. 93
HIGHLEY AN'
SUBDIVI ION
P.B. 1 PG.I1840
1 2
m SE 14th STREET
SYMBOLS AND ABBREVIATIONS:
P.B. - PLAT BOOK
PG, - PAGE
R/W - RIGHT OF WAY
SEC. - SECTION
TWP. - TOWNSHIP
RNG. - RANGE
TRACT "A"
FORTE PLAZA
I PLAT BOOK 96,
PG.21
(P) - PLAT DATA
- CENTER LINE
- MONUMENT LINE
P.O.B. - POINT OF BEGINNING
P.O.C. -POINT OF COMMENCEMENT
PT - POINT OF TANGENCY
BEC REF. BR-877-4 OATE: Apr 15, 2015 — 7:46am EST flLE: F:\SURVEY\PR .ECTS\B300D's\83556 1390 BRICKELL AVE. (PACIFIC NATIONAL BANK)\DWO\SKETCH OESCRIPNON\across easement \83556
EACH AND OESCRIPIION ACCESS EASINENT PACIFIC NA➢OVAL BANNArg
DRAWING: 2205-SS-23
CLIENT NAME: PACIFIC NATIONAL BANK
DATE:
03-07-2015
BEC ORDER # 03-83556
DRAWN BY
J.K.B.
SHEET 1 OF 2
BISCAYNE ENGINEERING COMPANY, INC.
1898 529 WEST FLAGLER ST, MIAMI FL 33130
TEL (305) 324-7671, FAX (305) 324-1700
WWW. BISCAYNEENGINEERING. COM
PA 6 i o n. F 11
; ICE rTr' Ir rJ
0
SOUTH IMMA INAd
LEIGJ L DE-'SJGLIEP . Ir NT
• ut
"O., joi__________cr. jt_.---------- 430
„E /� ---- P SOUTH RIGHT OF WAY LINE
o , W89.5510 1/� �a OF S.E. 13th STREET
/ 13e" LOT 20
= 25.00'
LOT 19
0
in
LOT 18
o
00
LOT 17
LOT 16
$ EASTERLY PROJECTION OF THE
NORTHERLY LINE OF LOT 15
S73'38'32'E
LOT 15
NORTHERLY LINE
OF LOT 15
0
a
to
z LOT 14
BASIS OF BEARING
S73'38'32"E
10.00'
POINT COMMENCEMENT
SOUTHEAST CORNER OF
LOT 14, BLOCK 100 SOUTH
�R=25.00'
otri
—
�j
GRAPHIC SCALE
30
0
Ln
OIL
}
60
1 Inch = 60 ft.
N73'38'32'W
NORTH RIGHT OF WAY LINE
OF S.E. 14th STREET
0
0
10.00'
0 In
h
N
a
0
0
Ln
o
LOT 6
LOT 7
LOT 8
LOT 9
LOT 10
POINT OF TERMINATION
351.60'
10.00'
LOT 12
20'ACCESS EASEMENT LOT 13
POINT OF BEGINNING
SOUTH LINE OF LOT 13, 351.60'
BLOCK 100 SOUTH
PLAT BOOK B, PAGE 113
L fl ah STREET
50.OG'�
0
RE 7T
32,00'
.- 18.00'
50, 00'
32.00' I�-
18.00'
1
NOTE: THIS DOCUMENT IS VALID ONLY WHEN ALL THE SHEETS
ARE COMBINED FORMING THE COMPLETE DOCUMENT
BEC REF. BR-877-4 DATE; Ape 15, 2015 - 7;49om EST FILE' P:\SURVEY\PROJECTS\63000's\53556 1390 BNICKELL AVE. (PACIFIC NA710NAL BANK)\D66\SKEICII OESCAIPSON\arms easement\B355B SKETCH AND OESC111P110N ACCESS EASEMENT PACIFIC NATIONAL BANK4 9
DRAWING: 2205-SS-23
CLIENT NAME: PACIFIC NATIONAL BANK
DATE:
03-07-2015
BEC ORDER # 03-83556
DRAWN BY
J.K.B.
SHEET 2 OF 2
BISCAYNE ENGINEERING COMPANY, INC.
yimra. 1898 529 WEST FLAGLER ST, MIAMI FL 33130
TEL (305) 324-7671, FAX (305) 324-1700
WWW. BISCAYNEENGINEERING. COM
► A\ Ge- k i ccV 11
This Instrument prepared by and return to:
Iris Escarra, Esq.
Greenberg, Traurig, P.A.
333 SE 2 Avenue
Miami. Florida 33131
GRANT OF PUBLIC ACCESS EASEMENT AND UTILITY EASEMENT
THIS GRANT OF PUBLIC ACCESS EASEMENT (the "Easement") is made this
day of July, 2016 by TIGERVEST N.V., a Netherlands Antilles corporation, its successors and
assigns, whose mailing address is 1333 South Miami Avenue, Suite 100, Miami, Florida 33130
("Tigervest"), In favor of the CITY OF MIAMI, a municipal corporation, whose mailing address is
c/o City of Miami, 3500 Pan American Drive Miami, Florida 33133 (the "City" or "Grantee").
RECITALS:
WHEREAS, Tigervest is the fee simple owner of certain real property located in the City
of Miami, Miami -Dade County, Florida, more particularly described in attached Exhibit "A," (the
"Tigervest Property"); and,
WHEREAS, as part of their joint application for plat approval by the City (the "Plat
Approval"), Tigervest requested that the City close. vacate, abandon and discontinue for public
use an alley running through the Property, which alley is located between South Miami Avenue
and Brickell Avenue, and between Southeast 13th Street and Southeast 14th Street, Miami,
Florida, and more particularly described in attached Exhibit "B," (the "Easement Area"); and,
WHEREAS, by City Resolution R-14-0246 dated June 26, 2014, the City closed,
vacated, abandoned and discontinued for public use the Easement Area.; and,
WHEREAS, as a condition of final Plat Approval, the City requires Tigervest to grant City
an access easement for the term and for the purposes described in section 2 of this Easement
in, over, upon, across and through the Easement Area; and,
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged by the parties, City, Tigervest agree as follows:
1. Incorporation of Recitals. The parties acknowledge that the foregoing recitals
and the exhibits referred to therein are true and correct and hereby incorporated into this
Easement as if fully set forth herein.
2, Public Access Easement. Until such time as Tigervest submits to the City it's
initial plans to redevelop the Property, as the case may be, (the "Redevelopment"), Tigervest
grant and convey to City, its successors and assigns, the right to continue the use of the
Easement Area for City emergency response vehicles and personnel and for utility services,
During such time, the general public shall also have the right to continue the use of the
Easement Area for vehicular and pedestrian easement access.
MIA 185383003v1
3. Control of Easement Area. The City shall have the right to exercise the same
control over the Easement Area as if the same were a dedicated right-of-way, including, without
limitation, the enforcement of traffic and parking regulations and all required police action and
the acceptance and approval of such easement shall in no way relieve Tigervest from complying
with any and all regulations pertaining to right-of-ways, including but not limited to the building,
zoning and other applicable regulations of the City.
4. Right of Entry. The City and such utility companies, as may be necessary, shall
have full right to enter upon the Easement Area at any time.
5. Removal and/or Relocation of Utilities. The cost of removal and/or relocation
of any and all utilities, including storm and sanitary sewers, installation of any required drainage
facility, removal of curbs or abandoned concrete approaches and sidewalks, shall be borne by
Tigervest, as their interests may appear.
6. Covenant Running with the Land, This grant on the part of Tigervest
constitutes both a covenant and a condition running with the land and shall be recorded, at
Tigervest's expense, in the public records of Miami -Dade County, Florida, (the "Public
Records") and shall remain in full force and effect and be affirmatively enforceable against the
parties hereto, and their heirs, successors and assigns through the Easement Release Date.
These restrictions during their lifetime shall be for the benefit of, and limitation upon, Tigervest
and for the benefit of the City and the public welfare.
7. Insurance and Indemnification. Tigervest, as their interests may appear, shall
indemnify and hold harmless the City from all costs, losses, damages, liabilities, expenses,
penalties, and fines whatsoever that may arise from or be claimed against the City by any
person or persons for any injury to person or property or damage of whatever kind or character
arising from out of or in connection with this Easement or the use or occupancy of the
Easement; from any neglect or failure by the City to comply and conform with all laws, statutes,
ordinances, and regulations of any government body or subdivision now or hereafter in force. If
any lawsuit or proceeding shall be brought against the City, its agents or employees that is not
based upon or does not arise from any acts or omissions of the City, its agents or employees,
any such actions or proceedings being expressly excluded from the indemnification and
insurance described herein, Tigervest, as their interests may appear, agree to defend the City,
pay whatever judgments may be recovered against the City, and pay for all attorney's fees in
connection therewith, including attorney's fees on appeal. Tigervest shall maintain insurance on
the Easement Area, as their interests may appear, in a form acceptable to City, naming the City
as an additional insured, and shall provide the City with a certificate of insurance reflecting the
same. The obligations contained herein shall not be limited by the type or amount of insurance
obtained by Tigervest.
Any contractors utilized by Tigervest in connection with activities undertaken in
connection with this Easement, shall indemnify and name as additional insured the City,
Tigervest for the negligence of the contractor and its subcontractors in connection with any
activities undertaken on the Easement Area. Grantor will ensure that all contractors have the
appropriate commercial general liability, auto liability, and statutory workers' compensation
coverage for the State of Florida and shall also provide the City with a copy of the contractors'
insurance prior to the start of construction.
8. Modification, Amendment, Release. This Easement is an irrevocable grant of
public easement access which may be modified, amended or released as to the Easement
MIA 185383003v1
Area, or any portion thereof, by a written instrument executed by Tigervest, as their interests
may appear, including joinders of all mortgagees, if any. If the Tigervest Property is redeveloped
by Tigervest, or a successor in interest, and a circulation plan is approved by the City's Fire -
Rescue Department, this Easement shall be released, terminated, and be of no further force
and effect. Should this Easement be so modified, amended or released, the City Manager, or in
the absence of the City Manager, his/her designee, shall forthwith execute a written instrument
effectuating and acknowledging such modification, amendment or release.
9. Enforcement. Enforcement shall be by action at law or in equity against any
parties or person violating, or attempting to violate, any covenants, either to restrain violations or
to recover damages. The prevailing party in any action or suit pertaining to or arising out of this
Easement shall be entitled to recover, in addition to costs and disbursements allowed by law,
such sum as the court may adjudge to be reasonable for the services of their attorney. This
enforcement provision shall be in addition to any other remedies available at law, in equity, or
both.
10. Election of Remedies, All rights, remedies and privileges granted herein shall
be deemed to be cumulative and the exercise of any one or more shall neither be deemed to
constitute an election of remedies, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies or privileges.
11. Severability. Invalidation of any one of these covenants, by judgment of a court,
shall not affect any of the other provisions which shall remain in full force and effect. However,
if any material portion is invalidated, the City shall be entitled to revoke any approval predicated
upon the invalidated portion.
12. Captions. The headings and captions contained in this Easement are for
convenience and reference only and in no way define, limit, or describe the scope of the intent
of this Easement.
13. Construction. All pronouns and any variations thereof shall be deemed to refer
to the masculine, feminine or neuter, singular or plural, as the identity of the part or parties may
require.
14. Exercise of Rights. Notwithstanding anything herein to the contrary, any rights
granted to the City shall be exercised so as to avoid and/or minimize interference with the use
and operation of the Tigervest Property and the Easement Area.
15. Applicable Law. The validity of this Easement and all of its terms and
provisions, as well as rights and duties of the parties hereunder, shall be interpreted and
construed in accordance with the laws of the State of Florida.
16. Notices. All notices which shall be given under this Agreement shall be made in
writing by certified mail, return receipt requested, with property postage affixed, by telex, by
telecopy or by hand -delivery addressed:
As to Tigervest:
MIA 185383003v1
Tigervest, LLC
1333 So. Miami Avenue, LLC, Suite 100
Miami, FL 33130
Attn: Mariaelena Espinosa
With copies to:
IN WITNESS WHEREOF, Grantor has executed this Easement the day and year first above
written.
TIGERVEST, N.V., a Netherlands Antilles
corporation
By:
Name: Milli A AII.A 91aos/1- W,Svgizi7
Title: 4 /104
STATE OF FLORIDA
)ss:
COUNTY OF MIAMI-DADE
I HEREBY CERTIFY, that on this IJ eC day of , 2016, before me
personally appeared Mflni iEZ. - Z-sp1a rs aigsv"‘"%A-Hvyeey,xi f9 of TIGERVEST, N.V., a
Netherlands Antilles corporation, on behalf of said company, to me known to be the person
described herein and did/did not produce identification who executed the foregoing conveyance
and severally acknowledged the execution thereof to be his free act and deed as such officer,
for the use and purpose therein expressed; and he ed thereto tb.emefficial seal •' . id
Company, and the said instrument is the act and deed of sai Company.
My commission expires:
00V-a OZ_ 6
No'ary • lc, State o lorida
Notary pudic State of Fiorida
William Lopera
My Commission FF 909617
Expires 08/07/2020
MIA 183849461
ATTEST: CITY OF MIAMI
By: By:
(SEAL) Todd B. Hannon
City Clerk
Approv-d as to form and legal sufficiency:
Vict
City
Juvenal ana, r. P.E., CFM
Interim P Wor s Director
MIA 185383003v1
Daniel J. Alfonso
City Manager
EXHIBIT "A"
LEGAL DESCRIPTION OF TIGERVEST PROPERTY
LOTS 7 THROUGH 11, ALL INCLUSIVE, BLOCK 1005, AMENDED MAP OF BRICKELLS ADDITION TO THE
MAP OF MIAMI, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK B, AT PAGE 113, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
TOGETHER WITH:
A PORTION OF LOT 6, BLOCK 1005, OF THE AMENDED MAP OF BRICKELLS ADDITION TO THE MAP OF
MIAMI, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK B, AT PAGE 113, OF THE PUBLIC
RECORDS OFMIAMI-DADE COUNTY, FLORIDA, THE SAME BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 7, IN BLOCK 100S, THE SAME BEING THE
SOUTHEAST CORNER OF LOT 6, LESS THE NORTH 600 FEET THEREOF, ACCORDING TO THE AMENDED
MAP OF BRICKELLS ADDITION TO THE MAP OF MIAMI, AS RECORDED IN PLAT BOOK B, AT PAGE 113, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN IN A NORTHERLY DIRECTION
AND ALONG THE EASTERLY BOUNDARY OF SAID LOT 6, BLOCK 100S, A DISTANCE OF 19.98 FEET, MORE
OR LESS, TO A POINT OF CURVATURE; THENCE RUN NORTHWESTWARDLY AND SOUTHWESTWARDLY, A
DISTANCE OF 46,59 FEET, MORE OR LESS, ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS
OF 25.00 FEET AND A CENTRAL ANGLE OF 106°46'51" TO A POINT OF TANGENCY; THENCE RUN
SOUTHWESTWARDLY, ALONG A LINE TANGENT TO THE LAST MENTIONED CURVE, A DISTANCE OF
156.11 FEET, MORE OR LESS, TO A POINT, SAID POINT BEING THE NORTHWESTERLY CORNER OF SAID
LOT 7; THENCE, WITH AN ANGLE TO THE LEFT OF 163°34'59" RUN SOUTHEASTWARDLY ALONG THE
NORTHERLY BOUNDARY OF SAID LOT 7, A DISTANCE OF 181.69 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING.
ALSO
LOTS 16,17 AND 18, BLOCK 100S, AMENDED MAP OF BRICKELLS ADDITION TO THE MAP OF MIAMI,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK B, AT PAGE 113, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA.
TOGETHER WITH:
LOT 19, BLOCK 1005, OF SAID AMENDED MAP OF BRICKELLS ADDITION TO THE MAP OF MIAMI, LESS
AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LANDS DEDICATED TO THE CITY OF MIAMI
FOR ROADWAY PURPOSES AS PER WARRANTY DEED DATED SEPTEMBER 15,1952, FILED FOR RECORD
OCTOBER 7,1952 IN DEED BOOK 3657 AT PAGE 358 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; ALSO WARRANTY DEED DATED SEPTEMBER 15,1952, FILED FOR RECORD APRIL 23,1962, IN
OFFICIAL RECORDS BOOK 3120 AT PAGE 470 (CLERK'S FILE NO. 62R-68656) OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 19, BLOCK 1005, ACCORDING TO THE AMENDED
MAP OF BRICKELLS ADDITION TO THE MAP OF MIAMI, AS RECORDED IN PLAT BOOK B, PAGE 113, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; RUN THENCE SOUTHERLY ALONG THE
WESTERLY LINE OF SAID OF LOT 19 FOR A DISTANCE OF 18.57 FEET TO A POINT; THENCE RUN
NORTHERLY AND EASTERLY ALONG THE ARC A TANGENTIAL CURVE TO THE RIGHT, HAVING A RADIUS OF
25 FEET AND A CENTRAL ANGLE OF 48°44'01" FOR AN ARC DISTANCE OF 21.259 FEET TO A POINT ON
Legal Description Page 1 of 2
r __•
THE NORTHERLY LINE OF SAID LOT 19; THENCE RUN WESTERLY ALONG THE NORTHERLY LINE OF SAID
LOT 19 FOR A DISTANCE OF 8.51 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 19, WHICH IS THE
POINT OF BEGINNING.
TOGETHER WITH:
A PORTION OF LOT 20, BLOCK 100S, OF THE AMENDED MAP OF BRICKELL$ ADDITION TO THE MAP OF
MIAMI, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK B, PAGE 113 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, THE SAME BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 20, BLOCK 100S, OF THE AMENDED MAP OF
BRICKELLS ADDITION TO THE MAP OF MIAMI, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 6, AT PAGE 113, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; RUN
SOUTHWESTWARDLY ALONG THE SOUTHEASTERLY BOUNDARY OF SAID LOT 20 A DISTANCE OF FIVE
AND NINETY HUNDREDTHS (5.90) FEET TO THE POINT OF BEGINNING; THENCE DEFLECTING TO THE
RIGHT 73°13'19" FROM THE SOUTHEASTERLY BOUNDARY OF SAID LOT 20, RUN WESTWARDLY A
DISTANCE OF ONE HUNDRED AND THIRTY-EIGHT AND THREE HUNDREDTHS (138.03) FEET TO A POINT
OF CURVATURE; THENCE RUN SOUTHWESTWARDLY ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT HAVING A RADIUS OF TWENTY-FIVE (25) FEET AND A CENTRAL ANGLE OF 24°29' 18" A DISTANCE
OF TEN AND SIXTY-NINE HUNDREDTHS (10.69) FEET TO A POINT, SAID POINT LYING AND BEING ON THE
SOUTHWESTERLY BOUNDARY LINE OF SAID LOT 20; THENCE RUN SOUTHEASTWARDLY ALONG THE
SOUTHWESTERLY BOUNDARY OF SAID LOT 20 A DISTANCE OF ONE HUNDRED AND FORTY-ONE AND
FORTY-THREE HUNDREDTHS (141.43) FEET MORE OR LESS TO THE SOUTHEASTERLY CORNER OF SAID
LOT 20; THENCE RUN NORTHEASTWARDLY ALONG THE SOUTHEASTERLY BOUNDARY OF SAID LOT 20 A
DISTANCE OF FORTY-FOUR AND TEN HUNDREDTHS (44.10) FEET MORE OR LESS TO THE POINT OF
BEGINNING,
END OF LEGAL DESCRIPTION
Legal Description Page 2 of 2
Exhibit `B"
Legal Description of the Easement Area
MIA 185383003v1
Exxxxszer"b"
SIKETVEI: ii-tOZOMPAti
laekkb DESCREEPTION
LEGAL DESCRIPTION;
ACCESS EASEMENT
A portion of o 20,00 foot wide ttrip of land lying in Block 100 South, of AMENDED MAP OF BRICKELL'S ADDITION
TO THE MAP Or MIAMI, according to the Plat thereof, recorded in Plat Book V* at Page /13 of the Public Records
Of Miarni-Dade 'County, Florida; Lying 10.00 feet on each side of the following described Centerline,
COMMENCE at the Southeast corner of Lot 14 of sold Block 100 South, said paint being an the North Right of Way
Line of Southeast 14th Street as shown of said plat; Thence South 7338'32" East, along the said North Right of
Way Line, for a distance of 10.00 feet; Thence North 16'42'33" East, for a distance of 123.83' feet to the Dint of
intersection with the Easterly projection of the Northerly line of Lot 15 of said Block 100 South, ond the POINT OF
BEGINNING of the herein described Centerline; Thence North 16.4233" East, for o distance of 247,16 feet to the
POINT OF "TERMINATION of the herein described Centerline.
The sidelines of said 20,00 foot wide strip of land shall be lengthened and shortened as needed to terminate on
the South Right of Way Line of Southeast 13th Street and to terminate on the Easterly projection of the Northerly
line Of lot 15 of said block 100 South. Said strip of land being Within the alley within said Block 100 South,
SURVEYOR'S NOTES:
-This is •not a survey
Bearings shown hereon are based on an assumed meridian, and ore refereneed to the North Line
of S.E, 14th, Street, having a bearing of South 7338'32" East.
- Area 4943 square feet or 0.113 acres more or less.
This sketch and legal description are valid only when
all sheets are combined, forming the complete Document.
- This site Iles in Section 39, James Hagan ,Donation, Township
54 South, Range 41 East, Miami -Dade County, Florida.
SURVEYOR'S CERTIFICATE:
I hereby certify that the attached "SKETCH TO ACCOMPANY
LEGAL DESCRIPTION" was prepared in accordance with the
Minimum Technical Standards for Surveying and Mapping, 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.
Biscoyne Engineering Company, Inc.
529 West Flagler 'Street,Miami, FL. 33130
TeL (305) 324-7671,,t:Fpg,,:.(305) 324-0809
State of Florida::peparttrie0: af„Agriculture
LB-0000129„,'
Date: 03-07-;,2015'
Wolfgang Sl-itieckPSM, For the Firm
Professional Surveyor and Mapper Na, 6519
State of Florida
AMENDED MAP
ADO of frR1C/0NKroElcS
tiE
MAP OP MIAMf
PI.AT HOOK 13,
pa 113,, 400ATeN
AmE oder OF
GRICKELLS ADDITION
THElyrOP Mt/y1c.41i
L'EtAILS-11-PG.-19
TRACT "A"
MUTUAL OP ON1ANA
GUGDIVISION
PCUL
121)airgRRA_C_L.
TRACT
SUBDIVIStON
PLAT EtOOK 1'17,
PG. 70
rU :0:P11111T. i't 4-CT ''S USBTORIAVE.1 RGITON -
LAThimiLeooyno:pli,,p0,92
suBialvi 10N
P,G. 1 PG 184
FEORI::::P2::::
TRACT "A"
PLAT BOOK 98,
•LOCATION MAP
IN MIAMI.DADE COUNTY; FL.
SCALE 1"
4. SYMBOLS AND ABBREVIATIONS:
RV, - PLAT BOOK (P) -
PO, - PAGE q -
R / 41/ - RIGHT OF WAY td
SEC, - SECTION p.0,13,
TWP, - TOWNSHIP
RNG. -- RANGE Pr -
PAT DATA
CENTER LINE
MONUMENT LINE
- POINT OF BEGINNING
-POINT OF COMMENCEMENT
POINT OF TANGENCY
SEC REF,
- 77-4 DAT, Apr.15, NIS - 7:5.241,IT rAttIRCVIN/cli.owAyA8A56 JO Kota (pAcmc itkliour,Bomplz sttiof utta,
DRAWING: 2205-SS-23 CLIENT NAME: PACIFIC NATIONAL, BANK
Mt401fral tAScuair 110014,9
DATE:
03-.07-2015
°F4DER# 03-83556
DRAWN
J.K.B.
HEET 1 OF 2
BISCAYNE ENGINEERING COMPANY; INC.
529 vvEST FLAGLER ST, MIAMI FL 33130
TEL (305) 324-7571, AX (305) 324-1700
WWIEBISCAYNEENGINEERINCICOM
EXELIEUM "eV
SKEEPON o t COV ANT
cqc
$t
1-0- 37.50'
L& DESCREPREION
5.00'
37.50'
„ A 8�!! N
13$' LOT 20
4;"
= 25.00'
LOT 19
LOT 18
LOT 17
LOT 16
o EASTERLY PROJECTION OF
NORTHERLY LINE OF LOT 15
t LOT 15 S73 38'32"E,J
LU a^ NORTHERLY UNE
M I 1 OF LOT 15
v�� (BASIS OFBEARING)
"E'
z I a^ LOT 14 S 7a3 °3810.00'
5.00' ,�
POINT COMMENCEMENT
SOUTHEAST CORNER OF
LOT 14,. BLOCK 100 SOUTH
,,,...----R = 25,00'
15
h L� N73 38'32"W
NORTH RIGHT OF WAY UNEIS
L OF S.E. 14t11_,S11;EET
10.00'
a
in
GRAPHIC SCALE
30 60
1 laoh o 60 ft.
10.00'
OO
156.
POINT OF TERMINATION
10.00'
a.
0
LOT 8
SOUTH RIGHT OF WAY UNE
OF S.E. 13th STREET
LOT 7
LOT 8
LOT 9
0.113 LOT 10
i
in
POINT OF BEGINNING LOT 11
10.00'
n
351.60'
20'ALLEY PER PLAT
LOT 12
LOT 13
R = 25.00'
SOUTH LINE OF LOT 13. 351.60'
BLOCK 100 SOUTH
PLAT BOOK B, PAGE 113
S.E. 1440fl STREET'
I
3200'
;4 18.00'
oJ-k— 50.00' --.-
dam)
"2
ji
32.00'
- 18.00'
gig
d
41- T T1
NOTE: THIS DOCUMENT IS VALID ONLY WHEN ALL, THE SHEETS
ARE COMBINED FORMING THE COMPLETE DOCUMENT
BEC REF. BR-877-4 Dm I,. I4 1015 - MS. EST re msuatEl oonn\1)000',w556 L140 BREK01 A i (PACEIC UAMM EINOC IPA9CEia SE99,1101*.13 n1\53556 42TW NO CUOMO MO5 USEICIT TRFP14STOp
DRAWING: 2205—SS-23
CLIENT NAME: PACIFIC NATIONAL BANK
DATE:
03-07-2015
BEC ORDER # 03-83556
DRAWN BY J.K.B.
SHEET 2 OF 2
A BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700
Ana, is a 529 WEST FLAGLER ST, MIAMI FL 33130 WWNr. BISCAYNEENGINEERING. COM