Loading...
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 , 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 (510.00) and other good and valuable 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 and sewer easement on the property of the GRANTOR, shown and described on EXHIBIT "A" attached hereto and made a part hereof, (hereinafter called the "EASEMENT") to construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove and inspect water and sewer 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 and operational devices (hereinafter, the "FACILITIES"), which right, privilege and easement shall include the right to remove, reconstruct, demolish the FACILITIES and structures above the easement, 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 any and against all suits, claims, judgments, and all loss, damages, 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 EASEMENT. Any contractors utilized by GRANTEE in connection with activities undertaken in connection with this 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 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 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 2 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 if damaged by the GRANTEE, their respective agents, employees, representatives, contractors, sub- contractors, or consultants performing any activities on behalf of GRANTEE. The GRANTEE, during the course of installation and future operation of the FACILITIES, shallnot encroach beyond the boundaries of the EASEMENT. 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 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 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 WITH 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 confinned 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 forin 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 WTTNESS 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 fliNgHWO c LEGAL DESCRIPTION: Exhibit "A" 0 A Portion of the SW 1/4 of Section 19, Township 53, South, Range 42 East, Miami -Dade County Florida, more particularly described as follows: Commence at the Southwest Corner of the SW 1/4 of Said Section 19; thence NO2°272514/ along the West line of the said SW 1/4 of Section 19 for a distance of 154.00 feet; Thence N87°32'35"E for a distance of 35.00 feet to a point on the East Right of Way line of NW. 2nd Avenue, said point being also the Point of Beginning. Thence continue N87°32'35"E along the South line of TRACT A, of CHARIFF SUBDIVISION, accorcifrig to the plat thereof, as recorded on Plat Book 170, at Page 58 of the Public Records of Miarni-Dade County for a distance of 4631 feet to a point on the Northwesterly Right of Way line of the Florida East Coast Railroad; Thence Sil°28'36"W along said Northwesterly Right of Way line of the Florida East Coast Railroad for a distance of 20.61 feet; Thence S87°32`35"W for a distance of 3602 feet to a point on the Northeasterly Right of Way Line of NW 2nd Avenue; Thence N24 °44'49"Walong said Northeasterly Right of Way of NW 2nd Avenue fora distance of 14.05 feet; Thence NO2°2725"W along the East Right -of -Way line of NW 2nd Avenue for a distance of 7.00 feet to the Point of Beginning, Containing 841 Square Feet more or less. SURVEYOR'S NOTES: 1) This is not a Boundary Survey. 2) This Sketch to Accompany Legal Description is prepared with the purpose of creating a 20 Perrnanent Easement 3) The Basis of Bearings is the West line the SW. 1/4 of Section 19, Township 53 South, Range 42 East.. with a Bearing of NO2°2725"W Said line found monumented. 4) Bearings and Coordinates are relative to Florida State Plane Coordinate System, East Zone, North America Datum 1983, adjustment 1990 (NAD 83/90) 5) This sketch to accompany legal description is subject to easements and other restrictions or dedications which might be reflected in a title search of the subject(s) land. REFERENCE CITY OF MIAMI ATLAS, SHEET 15-N CH,4RIFF SUBDIVISION, P8 170, PG 58, MIAMI-OADE COUNTY I HEREBY CERTIFY: I hereby certify that this sketch and legal description is in compliance with the Standard of Practice as set forth by the Florida Boar'. rofeAsional Surveyors and Mappers, in Chapri0 52 jd Administrative Code pursuant atues. 2-0 Fl?AN A,' _, , ,,62 Date S TA TEOFF 17?-ALEMAN ' „.550C/A7E.3", INC (B#6785) CONSUL T/N6 EA/NEERSAND SURVEYORS 10305 NW 41stSTREE7; StilTE 200, M/AA41, FL 33178 THIS SKETCH TO ACCOMPAIVY LEGAL, DESCRIPTION IS NOT FULL AND COMPLETE WITHOUT TWO. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO SKETCH TO ACCOMPANY LEGAL DESCRIPTION BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES, SHE)1 OF 2 SKETCH TO ACCOMPANY LEGAL DESCRIPTION PERMANENT EASEMENT WOODSON MINI -PARK, CITY OF MIAMI, FLORIDA Exhibit "A" SCALE 1"=20' LEGEND SQUARE FEET=SQFT SECTION=SEC, TOWN SHIP=TWP. RANGE=RGE, CENTRAL ANGLE=D ARC LENGTH=L PLAT BOOK=PB PAGE=PG RIGHT-OF-WAY=R/W RADIUS=R S.R.-STATE ROAD SOUTH=S ij I I 15,00 I I P.O.C. ______ SW.CORNER yI4 NS7.ay�00 EE — SOUTH LINE OF THE SW 1/4 SW 1/4 OF " SECTION 19-53-42 SEC 19-53-42 N87j7'po E — _ _ _ ION WOODROW_, Greer OP ZABEZ,, PZIORZEIA 01 I I 11 35,00' q EAST R/W LINE NE 2ND AVE SOUTH LINE TRACT A PB, 170, PG. 58 46.31' TRACT A "CHARIFF SUBDIVISION PB. 170, PG 58 N 87'32' 35"E 1 1 16.60, I 477 EASEMENT l / 1 PE/? OR8 l , 264-451r / 2,5 / P.O.B. / 7.00' e I NO2'2T25"W / / / 20' EASEMENT w N24.44'49"W S11'28'36"W / � / 20.61' 4w 1 3w �14.05' _�i 4o�e SE7°3'35"W 36.02' m r 1 o W m / / ° ct 0 / � M � � JpV4��q / I ��400� / / "WbO0 FOLIO FO. o I k `r e 2' q z� FOL/O NO. 2 4 I e 41. �a // N�NZo 01-.5219-000-0010 0 0 1 CIo ,�ti a / pe o (Nor sue0/140E0) Io� I ''}}��=, Q `" o W " Z -11 -ck� 4�p�0 W,' ns I J / 1 5 '7. & Associates, Inc SKETCH TO ACCOMPANY LEGAL DESCRIPTION PERMANENT EASEMENT WOODSON PARK CITY OF MIAMI, FLORIDA z f'1J lk SHEET 2 OF' 2 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 Limit $ 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 II. 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.