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HomeMy WebLinkAboutExhibitThis instrument prepared by, or under the direction of, Gail D. Serota, Esq. Weiss Serota Helfman Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this "Perpetual Aerial Easement") made the day of , 2017, by THE CITY OF M1&! il, a municipality of the State of Florida, Grantor, to the MLAMI-DADE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. W'ITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Miami -Dade County, Florida, viz: PARCEL 801 Project. No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of S5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than S50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 1 38J3856O3-Pereptual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, and hold harmless the Grantor from all and against all suits, claims, judements, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit "B" attached hereto and made a part hereof. 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. TO RAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. {Signatures appear on the following page.] 2 3B13856O3-Pereptual Aerial Easement with City of Miami Changes Accepted IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. Al UST; Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF MIAMI-D ADE The City of Miami By: Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: Approved as Form and Correctness; Victoria Mendez, City Attorney 3 3BJ3g5603-Pcreptual Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 801: EXHIBIT A An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to Infinity. The Easement Is Tying above that portion of NW 15 AVENUE, lying southwesterly of NW SOUTH RIVER DRIVE In the SW Y of Section 35, Township 53 South, Range 41 East, as shown in the Florida Department of Transportation Right of Way Map for State Road 836, Section 87200-2505; in Miami -Dade County, Florida; the Bottom Plane of the easement being more particularly described as follows: BEGINNING at the point of intersection of the Easterly Limited Access Right of Way Line of NW 15 AVENUE with the Existing Limited Access Right of Way Line lying southeasterly of State Road 836, as shown in said F.D.O.T. Right of Way Map Section 87200-2505; thence run 524°09'31°E, Wong the southeasterly extension of the Easterly Limited Access Right of Way Line of NW 15 AVENUE, for a distance of 0.82 feet to the point of intersection with the Southeasterly line of the herein described easement; thence run 565°50'57"W, along said Southeasterly Easement Line, for a distance of 50.00 feet to the point of Intersection with the Westerly Limited Access Right of Way Line of NW 15 AVENUE; thence run N24°09'31°W, along said Westerly Limited Access Right of Way Line of NW 15 AVENUE, for a distance of 148.67 feet to a point of Intersection with the Northwesterly Line of the herein described easement; thence run N65°50'57"E, along said easement line, for a distance of 50.00 feet to the point of intersection with the northwesterly extension of the Easterly Limited Access Right of Way Line of NW 15 AVENUE; thence run S24°09'31"E, along said northwesterly extension and along the Easterly Limited Access Right of Way Line of NW 15 AVENUE, for a distance of 147,84 feet to the POINT OF BEGINNING. Containing an area of 7,433 square feet, more or less. GENERAL NOTES: 1, This Sketch is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper In responsible charge. 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAD83) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03°47'37" W being established between FDOT monuments; PNCO2 stamped 87 11 PNCO2 (N 526779.1510, E 919562.7520) and PNC04 stamped 87 11 PNC04 (N 528164.0790, E 919472.9400) and therefrom a bearing of S 87°52'14" E along the Monument Line of NW 14th STREET between NW 9th AVENUE and NW loth AVENUE. 4. Addition and/or deletions to survey reaps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. 6. Date Prepared: October 27th, 2014. THIS DOCUMENT CONSISTS OF TWO (2) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET i5 ATTACHED TO THE OTHER. JOSE E,r%SA'(F1EL, DATE: 08-15-2015 PROF=SIGNAL LAND SURVEYOR AND MAPPER FLOR,DA CERTIFICATE NO. 5636 THIS 15 NOT A SURVEY ADO BOTTOM ELEV. 1. ZAMORA OB-:5-2015 MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 801 STATE ROAD NO. 836 sy DATE REVISED WESTERLY TMOREJON 43-30-201S DRAWN IT.MOREJON 11-05-2014 REVISION Ile { DATE CHECKED A.113TRAC 11.65-2014 riuJ• NO. a3611 SECTION 87200 SHEET I Of 2 PAINARED MIAM1-DADE COUNTY DATA Sa,RDE. nea s At9ODA 5 n+G we ,'Ski#o the s a1h" a SEE WIEMt. NOTES PARCEL i T OWNEP'S NAME PAR EL AREA PE 4 JN7-1ER COMMENTS1 801 CITY OF MIAMI 7,433 SF UNDETERMINED 0 20 40 80 120��� —_ 4 GROVE PARK (P.B. 5 PG. 66� Scale. 2 40' LEGEND: FDOT= S.R. c. P.O.C. P.O.B. LB A CD CB N/A PG. P.B. RIW L/A SEC. TWP. RGE. SF PROD. N.T.S, No. = Al FLORIDA DEPARTMENT OF TRANSPORTATION STATE ROAD CENTERLINE BASELINE PROPERTY UNE LP POINT OF COMMENCEMENT �o 3 � �40R •— 4F 5O g'I - - 4. b S zoo POINT OF BEGINNING �p LICENSED BUSINESS RADIUS CURVE LENGTH DELTA CHORD DISTANCE CHORD BEARING NOT APPLICABLE PAGE PLAT BOOK RIGHT OF WAY LIMITED ACCESS SECTION TOWNSHIP RANGE SQUARE FEET PROJECT NOT TO SCALE NUMBER = PARCEL IDENTIFICATION NUMBER / ! = EXISTING UA RIW LINE WIN — = PROPOSED AERIAL EASEMENT = BLOCK NUMBER THIS DOCUMENT CONSISTS OF I TWO (2) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER, I I w .-I w 0 a °•08, 9'3Ie E 2 ;7. i_ a let 556 ,� 5 fit,. .„T o� la Sj, SQ,�1 a �, ' 00? — • f r'• t R DETAIL ,.% N.T.S. S 87°37`52' W .. 50.64'(P) 50.64 (P) 20 GROVE PARK_ 1(P.B. 5 PG. 66) N rsi 2 0 3 108.5'(i'} 4 25_— n� THIS 15 NOT A SURVEY_ MIAMI-DADE EXPRESSWAY AUTHORITY SKETCH TO ACCOMPANY LEGAL DESCRIPTION STATE ROAD NO. 836 8Y CAR .cuY . rso HOINIZA ac, REVISED WES}EF41.3 T.HOREJON 03.30.2015 DRAWN T.NOREJON' 10-20.20I4 -� ``..= 2.L_::a:- - Pro}. NO. 83611 ■ + n OAT$ 1 oc.moo A,rcunAc 1><o-zasola NSF ,. guyts Ass 1 s.las MIAMI-DADE COUNTY DATA SO.i I : SEE GENERAL NOTES SECTION 87200 I SKEET Z OF 2 EXHIBIT B INSURANCE REQUIREMENTS MIAMI PERPETUAL AERIAL EASEMENT TO MDX 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, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard II. Business Automobile Liability A, Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability S1,000,000 for bodily injury caused by an accident, each accident. S1,000,000 for bodily injury caused by disease, each employee S1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence S1,000,000 Policy Aggregate S1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained 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, or in accordance to policy provisions. 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 for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of, Gail D. Seroca, Esq. Weiss Scrota Hel&nan Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this "Perpetual Aerial Easement") made the day of , 2017, by THE CITY OF MLAMI, a municipality of the State of Florida, Grantor, to the 1411AMII-DARE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Miami -Dade County, Florida, viz: PARCEL 802 Project. No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 3 Bl385603-Percptual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self - insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit "B" attached hereto and made a part hereof. 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. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 2 3B13S5603-Pereptual Aerial Easement with City of Miami Changes Accepted IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF ML&M1-DADE The City of Miami By: Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Tide or rank and serial number, if any: Approved as Form and Correctness: Victoria Mendez, City Attorney 3 3 $J3856O3-Pereptual Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 802: EXHIBIT A An aerial easement within that airspace verticaliy enclosed; the Bottom Plane of which having an Elevaticn of 26.36 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity. The Easement is Tying above that portion of NW SOUTH RIVER DRIVE, lying easterly of NW 15 AVENUE, in the SW% of Section 35, Township 53 South, Range 41 East, as shown In the Florida Department of Transportation Right of Way Map for State Road 836, Section 87200-2505; in Miami -Dade County, Honda; the Bottom Plane of the easement being more particularly described as foi(ows: BEGINNING at the point of intersection of the Northeasterly Limited Access Right of Way Line of NW SOUTH R1VER DRIVE with the Existing Limited Access Right of Way Line, lying northwesterly of State Road 836, as shown In said F.D.O.T. Right of Way Map Section 87200-2505; thence run S74°16`43'E, along the Northeasterly Limited Access Right of Way Line of NW SOUTH RIVER DRIVE, for a distance of 172.41 feet to the paint of curvature of a circular curve concave to the Southwest; thence run southeasterly, along said circular curve and Northeasterly Limited Access Right of Way Line of NW SOUTH RIVER DRIVE, having a radius of 70.00 feet through a central angle of 28°52'59'subtending a 34.92 foot chard which bears S59°50'14'E for an arc distance of 35.29 feet to a paint of reverse curvature of a circular curve concave to the Northeast; thence run southeasterly, along said circular curve and Northeasterly Limited Access Right of Way Line of NW SOUTH RIVER DRIVE, having a radius of 485,00 feet, through a central angle of 00°29'41"subtending a 4.19 foot chord which bears 545°38'34"E for an arc distance of 4.19 feet to the point of Intersection with the Southeasterly Line of the herein described easement; thence run S55°50'57"W, along said Southeasterly Easement Line, for a distance of 45.82 feet to the ,point of Intersection with the Southwesterly Right of Way Line of NW SOUTH RIVER DRIVE, being the point of cusp of a circular curve concave to the Southwest; thence run northwesterly, along said circular curve and Right of Way Line, having a radius of 30.00 feet through a central angle of 04°26'07"subtending a 2.32 foot chord which bears N72°03'40"W for an arc distance of 2.32 feet to the point of tangency on the Southwesterly Limited Access Right of Way Line of NW SOUTH RIVER DRIVE; thence run N74°16'43"W, along the Southwesterly Limited Access Right of Way Line of NW SOUTH RIVER DRIVE, for a distance of 195.16 feet to the point of Intersection with the northwesterly extension of the Northeasterly Limited Access Right of Way Line of NW 15 AVENUE; thence run N24°09'31"W, along said northwesterly extension of Northeasterly Limited Access Right of Way Line of NW 15 AVENUE, for a distance of 20.08 feet to a point of Intersection with the Northwesterly Line of the herein described easement; thence run N55°50157°E, along said Easement Line, for a distance of 38.36 feet to the point of intersection with the northwesterly extension of the Northeasterly Limited Access Right of Way Line of NW SOUTH RIVER DRIVE; thence run S74° 16'43"E, along said northwesterly extension of the Northeasterly Limited Access Right of Way Line of NW SOUTH RIVER DRIVE, for a distance of 9.18 feet to the POINT OF BEGINNING. Containing an area of 8,835 square feet, more or less. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION —PARCEL 802 I .._^..j STATE ROAD NO. 836 �f_ 7-- - {ADO aOrrOM EtEV. r, °LAMOIU OR.3.51013 J rx a s, > a witl � n. REV15E13 BY KC% T.MOREIC,N 03-19-2035 DRAWN ;T.HONSf 0f1,11-03403A!!!!. -'� _�.....R[ isiom --- ,---- if DATE COIEGKEO 1 A.TOMRAC �f11ds-2014 Prof. NO. 83631 IMAM PP CI rtfik, 3. L'I MIAMI-DADE COUNTY DATA 5OQgCe; SEE GENERAL NOTES SECTION 87200 SHEET 1 OF 3 GENERAL NOTES: 1, This Sketch is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seat of the Florida Licensed Surveyor and Mapper In responsible charge. 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAD83) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03642'376 W being established between FDOT monuments: PNCO2 stamped 87 11 PNCO2 (N 526779.1510, E 919562,7520) and PNCO4 stamped 87 11 PNC04 (N 528164,0790, E 919472.9400) and therefrom a bearing of S 87°52' 14' E along the Monument Line of NW 14th STREET between NW 9th AVENUE and NW 10th AVENUE, 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. 5. Prepared for MIAM1-DADE EXPRESSWAY AUTHORITY. 6. Date Prepared: October 27th, 2014. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED. TO THE OTHER. ZI77 JO>F.'_. S'NF1EL,, DATE: 08-15-2015 PESSIONAL LAND SURVEYOR AND MAPPER F::REDA CERTIFICATE NO, 5636 THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 802 STATE ROAD NO. 836 or gypy�g45aO[M�f.fftm rv17c8+0� iK 100R M 114"ptu flid.— P.EVSEO I3Y NtOX • TMOREMDN 03-19.2015 DRAWN T.MXtREION 11.03'2011 --- -' --+ —� Ramon re will CHECKED ATDIRAC ;114S-201� P. o• NO. 83521 1V.•�1 w.,II Fogs MIMIC-DADE COUNTY ?ATA SOJRCE. SER GENERAL NOTES SECTION 57200 I SHEET 2 OF 3 S.R. Q P.O.C. P.O.B. PC PRC R CD CB N/A PG. P.B. R/w UA SEC. TWP. RGE. SF PROJ. No. = LEGEND: FDOT = FLORIDA DEPARTMENT OF TRANSPORTATION = STATE ROAD = CENTERLINE 60 BASEUNE eg PROPERTY LINE S POINT OF COMMENCEMENT 0 :01.:24;) ' (P) 7 60 = POINT OF BEGINNING ▪ POINT OF CURVATURE t5 0 ------- - POINT OF REVERSE CURVATURE ▪ RADIUS • CURVE LENGTH = DELTA = CHORD DISTANCE = CHORD BEARING = NOT APPLICABLE = PAGE = PLAT BOOK = RIGHT OF WAY = LIMITED ACCESS = SECTION TOWNSHIP RANGE = SQUARE FEET PROJECT NUMBER EXISTING LJA R/W UNE PROPOSED AERIAL EASEMENT = BLOCK NUMBER Pfkft,„L.r'4,. OF MIAMI 8, SF 802 Fg- n OWNER'S NAME PARckL ArrA b. r' 5 = PARCEL IDENTIFICATION NUMBER THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL VALID AND COMPLETE UNLESS EACH SHEET 15 ATTACHED TO THE OTHER. Rate: _ s'e MIAMI-DADE EXPRESSWAY AUTHORITY SKETCH TO ACCOMPAN LEGAL DESCRIPTION • S 4.204;09.31,, 40j RrIAAINCWR ir5MMEN' UNDErERMINED GROVE PARK LAWRENCE ESTATE -1.'"-- LAND CO'S SUBDIVISION OF „../...„,...........„4,..-1-A--- t LAWRENCE 1 GROVE (P.B. 5 PG- 66) ----- 17(P.13. 2 PG. 55) 1 e. 5 ..,V I4 3 ..,• t 6,.11..., CC- Ql` 11% -1 .1,\'0 c.,1?- Ce . 52: k, -..--`431`. Or- c0- -,..s v o. ,---'5friz, , 5, s-04Ci•c (-,5k` .0.-5 1 c 3.e. -.29, o i ..-...,,,, ..4„.• E, •In -."`",',.._ 1 51.1PCr --'-'-'1' z-...------'--A ..-. - S 39.04,4r,59?, ' '''r• 9.7f NW c -r) -20/jr N 74. Rib c cal z98 7.2. Aft? ,0,51,:t5S 0*1- °•90.-7-rw' of.)0 ° S 4 iki\16-S* 5 6 Tz_ \ 59-"Ny‘‘ i• To cif3-1- G SoN,S V"- strri Z < ii0k 50f) 554.• .512 r 0 * 2 I OAK TERRACE 1 , (P.B. 6 PG. 126) THIS IS NOT A SURVEY STATE ROAD NO. 856 MIAMI DADE COUNT( or rTE . - ITIEPARST. .444z VriarliegiCIFFIAMIW"" nrnk 301.1ACE: REVISED RY MDR T.MOREJON 03-194015 Duman I T.MOREPDPl 1.1-03-14 SEt GENE -PAL NOTES ROOM rzY DATE CHECKED TOIRAC1 P.. 11.4,3441 F.P. NO. 83611 SECTION 81200 SHEET 3 OF 3 EXHIBIT B E SURANCE REQUIREMENTS MIAr%1I PERPETUAL AERL&L EASEMENT TO MDX 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, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard E. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured 1I1. `Yorker's Compensation Limits of Liability Statutory -State of Florida. Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. S1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit '. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained herein The above policies shah 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, or in accordance to policy provisions. 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 Iatest 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. This instrument prepared by, or under the direction of, Gail D. Serota, Esq. Weiss Serota Helfman Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this `Perpetual Aerial Easement") made the day of , 2017, by THE CITY OF MLAMI, a municipality of the State of Florida, Grantor, to the MTAMII-DARE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Miami -Dade County, Florida, viz: PARCEL 804 Project. No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of S5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida, The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 3BJ385643-Pereptual ASTial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed_ Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit '`B" attached hereto and made a part hereof. 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. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 2 313738S603-Perepruat Aerial Easement with City of Miami Changes Accepted IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF MIAMI-DADE The City of Miami By: Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature ofperson taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any Approved as Foim and Correctness: Victoria Mendez, City Attorney 3 3BJ385603-Percptua] Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 804: E]CITIBIT A An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 18.45 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity. The Easement Is lying above that portion of NW NORTH RIVER DRIVE, under State Road 836, In the SW Y of Section 35, Township 53 South, Range 41 East, as shown in the Florida Department of Transportation Right of Way Map for State Road 836, Section 87200-2505; In Miami -Dade County, Florida; the Bottom Plane of the easement being more particularly described as follows: COMMENCE at the point of intersection of the Northeasterly Limited Access Right of Way Une of NW NORTH RIVER DRIVE with the existing limited access right of way line, lying southeasterly of State Road 836, as shown in said F.D.O.T. Right of Way Map Section 87200-2505; said point being on a circular curve concave to the Northeast; thence run southeasterly, along said circular curve and southeasterly extension of said Northeasterly Limited Access Right of Way Line of NW NORTH RIVER DRIVE, having a radius of 753,31 feet through a central angle of 00°05'16"subtending a 1.15 foot chord which bears 568°34'25'E for an arc distance of 1.15 to feet to the point of intersection with the Southeasterly line of the herein described easement and the POINT OF BEGINNING of the hereinafter described easement; thence run 565'50'57"W, along said Southeasterly easement line, for a distance of ]00.86 feet to the point of Intersection with the Northwesterly Limited Access Right of Way Line of NW NORTH RIVER DRIVE; said point being on a circular curve concave to the Northeast; thence run northwesterly, along said circular curve and Limited Access Right of Way Line, having a radius of 828,31 feet through a central angle of 12020'31"subtending a 178.08 foot chord which bears N57°33'12"W for an arc distance of 178.43 feet to the paint of Intersection with the Northwesterly line of the herein described easement; thence run N65°50'57'E, along sald easement line, for a distance of 85.49 feet to the point of intersection with the northwesterly extension of the Northeasterly Limited Access Right of Way Line of NW NORTH RIVER DRIVE, said point being on a circular curve concave to the northeast; thence run southeasterly, along said circular curve and Northeasterly Limited Access Right of Way Line, and its extensions, of NW NORTH RIVER DRIVE, having a radius of 753.31 feet through a central angle of 14'15'31'subtending a 186.98 foot chord which bears 561°29'18"E for an arc distance of 187.47 feet to the point of Intersection with the southeasterly line of the herein described easement and the POINT OF BEGINNING, Containing an area of 13,696 square feet, more or less. THIS DOCUMENT CONSISTS OF THREE (3i SHEETS AND SHALL NOT BE CONSIDERED FULL. VALID AND COMPLETE UNLESS EACH SHEET 1S ATTACHED TO THE OTHER. THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 804 STATE ROAD NO. 836 MIAMI-DADE COUNTY .r T e' twit 4 V Eel i 1:4'` 371e ' ADo BOTTOM Div, 1. ZAMCRA D81S2 14 DRAWN T.MOREION 11-05.2014 RNISIOA BY DATE CHECKED A.Tol 11-03-2034 Prol. No. 83611 DATA SOURC&: SEE GENERAL NOTES SECT/ON 87200 SHEET 1 OF 3 LSI GENERAL NOTES; 1. This Sketch is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper In responsible charge. 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAD83) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03°42'37" W being established between FDOT monuments; PNCO2 stamped 87 11 PNCO2 (N 526779.1510, E 9195E2.7520) and PNC04 stamped B7 11 PNC04 (N 528164.0790, E 919472.9400) and therefrom a bearing of S 87152'144 E along the Monument Line of NW 14th STREET between NW 9th AVENUE and NW ]0th AVENUE. 4. Addition and/or deletions to survey rnaps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. 5. Date Prepared; October 27th, 2014. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. JOSE V. , ANFI-L, DA • 08-15-2015 PROFEI4SIONAL LAND SURVEYOR AND MAPPER FLO4r)A CERTIFICATE NO. 5636 THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DE$CRIPTION-PARCEL 804 STATE ROAD NO. 836 atTE cm BY rant f .ison t..5 s Ines n+� t, n w[. "r 3 - T)1 P xa, 11 J side 7vr H7-wn r r�kst:-yen a files DRAWN T MORjoII 1 t-05.2014 caEctcED 1 A.TO1R ,11-03.21114 Prof, NO. 83611 MWMI-DARE COUNTY _.—• dATA SO..RCF. SEE GENERAL MOTES SECTION 87200 SHEET 2 OF 3 LEGEND: FOOT S.R. P.O.C. P_O.B. LB R A = CD = CB = NJA = PG. _ RIW = VA SEC. TWP. RGE. SF PROJ. No. ///-- A 804 FLORIDA DEPARTMENT OF TRANSPORTATION STATE ROAD CENTERLINE BASELINE PROPERTY LINE POINT OF COMMENCEMENT POINT OF BEGINNING LICENSED BUSINESS RADIUS CURVE LENGTH DELTA CHORD DISTANCE CHORD BEARING NOT APPLICABLE PAGE PLAT BOOK RIGHT OF WAY LIMITED ACCESS SECTION TOWNSHIP RANGE SQUARE FEET PROJECT NUMBER r VI (.3 CTTY OF MIAM! (SINNER''; NiAmE ARCM A� F MlA1NUJFR _ ' -° �M"9 �1 C4 13,696 SF 1 UNDETERMINED 0 25 50 100 150 Scale: 1" = 50' PARCEL IDENTIFICATION NUMBER EXISTING LIA RIW LINE PROPOSED AERIAL EASEMENT BLOCK NUMBER • \\P‘<s,,>+ TRACT 9*.N tE 0 THIS DOCUMENT CONSISTS OF THREE SHEET IS ATTACHED TO THE OTHER. MIAMI-DADE EXPRESSWAY SKETCH TO ACCOMPANY LEGAL DESCRIPTION AUTHORITY FLEVAiON des (3) TRACT 2 CIVIC CENTER S 6�. -- �3� 0 ? � 4 F • O SECTION ONE �� N,� — kw.Yy' i S P 0ll14 1.A.4 3 �� % • lO stg�1�e`! F4*IPA A I' 0. 3e.1,*) RSA,. \ '�,. �l -P.O.C. IN p �1. f. 1 cs.eaQ�3 ,'T`a s ta -Iale, s. P,a.B.� G i DETAIL s L M 9 >> � 43, 71.1.6'- Ifi'-'-- oRI VF SHEETS AND SHALL NOT TRACT 9 BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH THIS IS NOT A SURVEY STATE ROAD NO. 836 BY GATE PRAM. T.MO EJON 10-21-2034' - - CHECKED LA.TO&HAC IO-) -2o14 Prat. NO. 83611 /PI11E1 a i MIAM1—DADE COUNTY cum. Stfup[ SEE GENERA NOTES SECTION A7?00 SHEET 3 OF 3 EXHIBIT B INSURANCE REQUIREMENTS MIAMI PERPETUAL AERIAL EASEMENT TO MDX 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 oftvliami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. S1,000,000 for bodily injury caused by disease, each employee S1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained 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, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company rnust 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. This instrument prepared by, or under the direction of, Gail D. Serota, Esq. Weiss Serota Helfrrran Cole & Bierman, F.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this "Perpetual Aerial Easement") made the day of 2017, by THE CITY OF MIAriMI, a municipality of the State of Florida, Grantor, to the IIAM -DADE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. WITNESSETIT: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Miami -Dade County, Florida, viz: PARCEL 805 Project. No, 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than S1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that Iimit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 3B1385603-Pereptual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended. by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, and hold harmless the Grantor from all and against all suits, claims, judgments, and alI 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 Irnprovements within the Easement Area. The Grantee acknowledges its liability for torts to the extent proaidcd and allowed under Section 768.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantora certificate of insurance in accordance with Exhibit. "B"' attached hereto and made a part hereof. 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. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 2 3B1385603-Pereptuat Aerial Easement with City of Miami Changes Accepted IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF MIAMI-DADE The City of Miami By: Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Sig -nature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any; Approved as Form and Correctness: Victoria Mendez, City Attorney 3 3BJ385603-Pereptual Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 805: EXHIBIT A An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 17.88 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to Infinity. The Easement Is lying above that portion of NW 13 AVENUE, lying southerly of NW 12 STREET In the SW % of Section 35, Township 53 South, Range 41 East, as shown In the Florida Department of Transportation Right of Way Map for State Road 836, Section 87200-2505; In Mlaml-Dade County, Florida; the Bottom Plane of the easement being more particularly described as follows: COMMENCE at the point of Intersection of the Easterly Limited Access Right of Way Line of NW 13 AVENUE with the existing limited Access Right of Way Line, lying southeasterly of State Road 836, as shown In said F.D.O.T. Right of Way Map Section 87200-2505; thence run S02°21'31'E, along the southerly extension of the Easterly Limited Access Right of Way Line of NW 13 AVENUE. for a distance of 0.89 feet to the point of Intersection with the Southeasterly Line of the herein described easement and the POINT OF BEGINNING of the hereinafter described easement; thence run S65°50'57"W, along the Southeasterly Line of the herein described easement, for a distance of 53.85 feet to the point of intersection with the southerly extension of the Westerly Limited Access Right of Way Line of NW 13 AVENUE; thence run N021121'31°W, along the Westerly Limited Access Right of Way Line of NW 13 AVENUE extended at its ends, for a distance of 226.43 feet to a point of Intersection with the Northwesterly Line of the herein described easement, said point being the point of cusp of a circular curve concave to the Southeast; thence run northeasterly, along said circular curve and Easement Line, having a radius of 5,719.25 feet through a central angle of 00 03'09"subtending a 5.23 foot chord which bears N61°51'39"E, for an arc distance of 5.23 feet to the paint of compound curvature with a circular curve concave to the Southeast; thence run northeasterly, along said circular curve and Easement Line having a radius of 5,755.75 through a central angle of 00°30'43"subtending a 51.42 foot chord which bears N62°05'26"E, for an arc distance of 51.42 feet to point of Intersection with the Easterly Right of Way Line of NW 13 AVENUE, also being the point of cusp of a circular curve concave to the Southeast; thence run southwesterly, along said circular curve and Right of Way Line, having a radius of 25,00 feet through a central angle of 17°02'26° Subtending a 7.41 foot chord which bears thence run 506309'42"W, for an arc distance of 7.44 feet to the point of tangency on the Easterly Right of Way Line of NW 13 AVENUE; thence run S02°21131"E, along the Easterly Limited Access Right of Way Line of NW 13 AVENUE extended at its ends, for a distance of 223.56 feet to the point of Intersection with the Southeasterly Line cf the herein described easement and the POINT OF BEGINNING. Containing an area of 13,425 square feet, more or less. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. THIS 1S NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 805 STATE ROAD NO. 836 MIAMI-DADE COUNTY .—__...�—�__ .. , CATE — I + { {°n m�eu'"[, DATA SWIM �fis risi �' v Tun sex seteRAL NOTES A00 aurr M ELEV. J. ZAMORA fly-15.2015` 7.N0RE10J1 JJ-0}-2011' - - ---� -- --- hlvglav rT DATE f CHECKED , ATDIRAc ID -us 20I4 Prol. NO. 83611 SECT ON 87200 SHEET 1 OF 3 GENERAL NOTES:: 1. This Sketch Is Not a Survey. 2, Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper In responsible charge. 3, Bearings and coordinates are relative to the State Plane Coordinates System, florid East Zone, Traverse Mercator Projection, North American Datum (NA063) 1993 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03°42'37" W being established between FDOT monuments: PNCO2 stamped 87 1] PNCO2 (N 526779.1510, E 919562.7520) and PNC04 stamped 87 11 PNCO4 (N 528164.0790, E 919472.9400) and therefrom a bearing of a; 87.52`14" E along the Monument Line of NW 14th STREET between NW 9th AVENUE and NW 10th AVENUE. 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. 6. Date Prepared: October 27th, 2014, THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET 15 ATTACHED TO THE OTHER. 4 JOSEfi SANF[EL, DATE: 08-15-2015 PRO-7SSIONAL LAND SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5636 THIS IS NOT A SURVEY MIAMI-DAD€ EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 805 REVISED PAGE NO. p. ZNNORA. 06-23.2015 REVTS N 1 9Y Ft. DATE STATE ROAD NO. 836 Er DKTE QiKAEI o u ream Aiwa mouth pc DRAWN .T.NOREVON 11.0S2016- — -"-- - — -- CNECKE3 A.TOIRAC 11-O -1014 PrOl. NO. 83611 SECTION 87200 MIAMI-DADE COUNTY a*r: scwnu: SEE GENERAL NOTES SHEET 2 OF 3 I OWNER'S +TIA °� 805 CITY OF MIAMI PrR:"E1 AR P=i :,. nc:r 1 11,425 ' UUNDETERMINED CO MvIENT` 0 25 50 100 150 EZ— Scale; 1" - 50' LEGEND: FDOT 1.3 S.R. F.Q.C. P.O.B LB R A CD C8 N/A PG, P.B. RJW UA SEC. TWP. RGE. SF PROJ. No. N.T.S. les se am se set cst N 87°3B'19" E- NW 12TH STREET FLORIDA DEPARTMENT OF TRANSPORTATION STATE ROAD CENTERUNE BASELINE PROPERTY LINE POINT OF COMMENCEMENT POINT OF BEGINNING LICENSED BUSINESS RADIUS CURVE LENGTH DELTA CHORD DISTANCE CHORD BEARING NOT APPLICABLE PAGE PLAT BOOK RIGHT OF WAY LIMITED ACCESS SECTION TOWNSHIP RANGE SQUARE FEET PROJECT NUMBER NOT TO SCALE C.B R=5719.25'\ A=00°03't 9' A=5.93' .=N 6105 35 o1' 25 L c w cc w R=5755 75' Aa pp° ' " =51.42' 3-- 1 C, ,' 51b42Q5'26" E 6.000 A wit' 1 NA 06.0°� t • p,$� .. Ike m I icy un 1 ,.. NOT Jo SUBDIVIDED 1r f 51: " atiS CIVIC CENTER _ r , SECTION ONE aura ,�pS1 �SS�P�{1 {P.B. 75 PG. 36) "Tin jz °N 5P.p t,el- PORTION aI� > �y 1004 ��yG TRACT 2 � �--'"- ��� � ¢ X � �y�`� ctV r� D 0 05 g ." 74 - 5 r gr�A 03$ �.,1. 5 EXISTINGry NOT Rf�N LINE--1 o, SUBDIVIDED 444 1 25' ' 25`'1 1 CIVIC CENTER B0 63' j SECTION ONE (P) p, PG b THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER, THIS 15 NOT A SURVEY EXISTING L/A RIW LINE EQ ¢.G� pi •i'� PROPOSED G' ' ? Qa $a AERIAL EASEMENT 5--05EC (61'I- • BLOCK NUMBER '1/4 E `N ¢Ns • PARCEL IDENTIFICATION NUMBER MIAMI-DADS EXPRESSWAY AUTHORITY SKETCH TO ACCOMPANY LEGAL DESCRIPTION MIAMI-DADE COUNTY or STATE ROAD NO. B36 rarnMk 7jgh ITZtic. SEE GEHEFLLL owes mom T,MORtLJON 11-2o-2DU _ __ amprrFo A_To t i1:2a2014. Proj. NO. 83611 SECTION 87200 SHEET 3 OF 3 1Tre1i t1i:Fs EXHIBIT B INSURANCE REQUIREMENTS MIAMI PERPETUAL AERIAL EASEMENT TO MDX 1. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury B. Endorsements Required S 1,000,000 S 2,000,000 $ 1,000,000 $ l ,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard ll. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident S 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III, Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. S 1,000,000 for bodily injury caused by disease, each employee $ 1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $ 1,000,000 City of lvliami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained 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, or in accordance to policy provisions. 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 for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of, Gail D. Scrota, Esq. Weiss Scrota Helfman Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this "Perpetual Aerial Easement") made the day of , 2017, by THE CITY OF MIA1MMI, a municipality of the State of Florida, Grantor, to the MIA.MI-DADE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. WII'NESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee. its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Miami -Dade County, Florida. Vie: PARCEL 806 Project. No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 1 3BJ385603-Pcreptual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will famish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit "B" attached hereto and made a part hereof. 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. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 2 381385603-Pereptual Aerial Easement with City of Miami Changes Accepted LN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF MIAMI-DADE The City of Miami By: Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel T. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: Approved as Form and Correctness: Victoria Mendez, City Attorney 3 3 B]335603-Pereptual Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 806: EXHIBIT A An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 18,07 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to Infinity. The Easement is lying above that portion of NW 12 STREET, westerly of NW 12 AVENUE and adjoining southerly of Tract 6 of CIVIC CENTER SECTION ONE, a subdivision lying in the SW a of Section 35, Township 53 South, Range 41 East, according to the plat thereof as recorded in Plat Book 75 at Page 36 of the Public Records of Miami -Bade County, Florida; the bottom plane of the easement being rnore particularly described as follows: COMMENCE at the point of tangency of the circular arc concave to the northeast formed In the southwest corner of said Tract 6 by the intersection of the West fine of said Tract 6, coincident with the Easterly Right of Way Line of NW 13 AVENUE, with the South line of said Tract 6. coincident with the Northerly Right of Way Line of NW 12 STREET; thence run N37°39'08"E, along the South line of said Tract 6, coincident with the Northerly Right of Way Line of NW 12 STREET, for a distance of 124.67 feet to the POINT OF BEGINNING of the hereinafter described easement; thence continue N87039'08'E, along the South line of said Tract 6, coincident with the Northerly Right of Way Line of NW 12 STREET, for a distance of 102.38 Feet to the point of curvature of a circular curve concave to the northwest; thence run northeasterly, along said circular curve, having a radius of 125.00 feet through a central angle of 34°05'Q2`subtending a 73.27 foot chord which bears N70°36'37'E for en arc distance of 74.36 feet to a point of compound curvature of a circular curve concave to the northwest; thence run northeasterly, along said circular curve, having a radius of 25.00 feet through a central angle of 63°29'23'subtending a 26.31 foot chord which bears N21°49'24'E for an arc distance of 27.70 feet to a point of cusp on the Westerly Right of Way Line of NW 12 AVENUE and Northeasterly line of the herein described easement, thence run 509°33'13"E, along said Easement fine and across NW 12 STREET, for a distance of 77.65 feet to the point of intersection with the Existing Limited Access Right of Way Line, lying northwesterly of State Road 836, as shown in said F.D.O.T. Right of Way Map Section 87200-2505; thence run 565°51'00-W, along said Existing Limited Access Right of Way Line, for a distance of 49.63 feet to the point of Intersection with the Southerly Right of Way Line of NW 12 STREET, coincident with said Existing Limited Access Right of Way Line for State Road 836; thence run 587.39'08°W, along the Southerly Limited Access and Right of Way Line of NW 12 STREET, for a distance of 257.68 feet to a point of intersection with the Westerly line of the herein described easement, said point being on a circular curve concave to the Southeast; thence run northeasterly along said circular curve, also being the Westerly line of the easement, having a radius of 5,755.75 feet through a central angle of 01°]2'37-subtending a 121.57 foot chord which bears N53°21'59"E, for an arc distance of 121.57 feet to the point of intersection with the Northerly Right of Way Line of NW 12 STREET, and the POINT OF BEGINNING. Containing an area of 12,863 square feet, more or less. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET 15 ATTACHED TO THE OTHER. THIS 15 NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 806 1 ADO BOTTOM ELEV. J. ZAMORA 08-I 4O15 RkV 1C I ev 1 OM rt,s0aF{ STATE ROAD NO. 836 MIAMI-DADE COUNTY 8T MTL M�FHR,11 n, DaT,i scOKE: —.—_.. • .... Ib'i ' ial'i'Te`leiisIv'Sr°M ii W'C SEE GENERAL NOTES DRAWN T.MOAE:ON 11-05-2014 -- ClieCa D A.TOIRAC 11•05-2014 Pfoi. NO. 83611 SECTION 87200 1 SHEET ] OF 3 :Curt), iri:Ff GENERAL NOTES: 1. This Sketch is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper In responsible charge. 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAD83) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03642'37" W being established between FDOT monuments: PNCO2 stamped 87 11 PNCO2 (N 526779.1510, E 919562.7520) and PNC04 stamped 87 11 PNCO4 (N 528164.0790, E 919472,9400) and therefrom a bearing of 5 87°52'14' E along the Monument Line of NW 14th STREET between NW 9th AVENUE and NW 10th AVENUE. 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. 5. Prepared for MIAM1-DADE EXPRESSWAY AUTHORITY. 6. Date Prepared: October 27th, 2014, THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT SE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. AEMON I SY SATE f JOSE L.. 'ANF1A. _ATE: 08-15-2015 PROFE - ONAL LAND SURVEYOR AND MAPPER FLORI'•:. CERTIFICATE NO. 5636 THIS 15 NOT A SURVEY M1AMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 806 STATE ROAD NO. 836 WTE a �? +. •`r. 9tiaR�RS. — DRAWN T.iAORLRN 11-05.2014 CI1E7CE1? A.SOIRAC 11 as toia Prof, NO. 83611 SECTION 87200 SHEET 2 OF 3 MIAMI-DADE COUNTY SATA SOURCE: ,..._—.. . SEE GENERAL NOTES 8Y S.R. 1 P.O.C. P.O.B. LB R A CD CB N/A PG. P.B. R/W L/A SEC. TWP. RGE. SF PROJ. No. .ARCFi NO 806 LEGEND: FDOT = FLORIDA DEPARTMENT OF TRANSPORTATION • STATE ROAD ▪ CENTERLINE �= BASELINE = PROPERTY LINE _._—.a.+ ---- = POINT OF COMMENCEMENT >;» POINT OF BEGINNING LICENSED BUSINESS _ COI _ RADIUS CURVE LENGTH DELTA CHORD DISTANCE CHORD BEARING NOT APPLICABLE PAGE PLAT BOOK RIGHT OF WAY LIMITED ACCESS SECTION TOWNSHIP RANGE SQUARE FEET PROJECT NUMBER (W {-WAr.,r CITY OF MIAMI iJrFt r i+.f A 12.863 SF 0 30 60 12Q_ — 180 Scale: 1" o. 60' = PARCEL IDENTIFICATION NUMBER = EXISTING L/A R/W LINE = EXISTING EASEMENT LINE PROPOSED AERIAL EASEMENT = BLOCK NUMBER MIAMJ-DADE EXPRESSWAY AUTHORITY SKETCH TO ACCOMPANY LEGAL DESCRIPTION CIVIC CENTER SECTION ONE .� lAINDU QM[ri UNDETERMINED I (P.B. 75 PG. 36) TRACT 6 EXISTING RIM LINE C-1 N B7'39'08" E �a� P.O.B. ` �ry / 12 4 67' �.•5'i * t r : ,! N 87 9 a8'-- 's Tx " i5 � 6 7.i" PROPOSED AERIAL EASTMENT- -- S,Ic� GQ G9 {,�'� ° y NW 12T11 STREET Zil in S 87 39 06 W 257.68'_� i '6w 73.11 'SS 6�,p61 0t,9 s3. S " N z W 25' 1 - Q m NOT ' 0©vNt. N SUBDIVIDED - N �' 25'� S ter, ` 010- Sum NG P - �. t'/'\ 6 Od Z5 SAC' 912 CURVE DATA 1: R=]25.00' A=341'05'02" A =74.361 C.B.»N 70°36'37" E THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL. VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. ADD BOTTOM IELEV, •T J. ZAMORAI .__ _ 08-15-201S sr DATE WAYES STATE ROAD NO. 836 rummy Seri L7 pAly �YjisSeru4o'j �ii�'�timS. PRAWN T.NOREJON I1-21-204" CHECKE4 A,TgRAC 11121-20i4L Pro). NO. 83611 CURVE DATA 2: R=25.00' A-63.29'23' A�27.70' C.B.=N 21'49'24' C.D.-2 F.31' SD E 1h THIS IS NOT A SURVEY MIAMI-DADE COUNTY SEE GENERAL NOTES SECTION 872n0 SHEET 3 OF 3 EXHIBIT B INSURANCE REQUIREMENTS MIIAMI PERPETUAL. AERIAL EASEMENT TO MDX 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, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard 11. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B, Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. S 1,000,000 for bodily injury caused by disease, each employee S1,000,000 for bodily injury caused by disease, policy limit IV Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained herein The above policies shall provide the City of 1Vlianu with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. 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 Bcst'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. This instrument prepared by, or under the direction of, Gail D. Scrota, Esq. Weiss Serota Helfman Cole & Bierman, F.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this "Perpetual Aerial Easement") made the day of , 2017, by THE CITY OF MIAMI, a municipality of the State of Florida. Grantor, to the 1 IAMI-DADE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Miami -Dade County, Florida, viz: PARCEL 808 Project. No. 83611 An aerial easement within that airspace vertically enclosed, the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of S5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than S50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida, The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 1 3BJ385603-Pereptual Aerial Easement with City or Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subj ect to the limitations of Section 76828, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.2.8, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit-T.' attached hereto and made a part hereof. 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. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 2 3833856O3-Perepttwl Aerial Easement with City of Miami Changes Accepted N WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF MIAMI-DADE The City of Miami By: Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: Approved as Form and Correctness: Victoria Mendez, City Attorney 3 36J355603-Pereptuat Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 808: EXHIBIT A An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 19.49 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to Infinity. The Easement is lying above that portion of NW 10 AVENUE, Tying southerly of NW 14 STREET In the SEX of Section 35, Township 53 South, Range 41 East, as shown In the Florida Department of Transportation Right of Way Map for State Road 836, Section 87200-2505; In Miami -Dade County, Florida; the Bottom Plane of the easement being more particularly described as follows: COMMENCE at the point of intersection of the Easterly Limited Access Right of Way Line of NW 10 AVENUE with the Existing Limited Access Right of Way Line, lying southeasterly of State Road 836, as shown in said F.D.O.T. Right of Way Map Section 87200-2505, thence run 502°08'22-E, along the southerly extension of the Easterly Right of Way Line of NW 10 AVENUE, for a distance of 0.39 feet to the point of intersection with the Southeasterly line of the herein described easement and the POINT OF BEGINNING, said point being on a circular curve concave to the Southeast; thence runt southwesterly, along said circular curve and easement line, having a radius of 4,571.75 feet through a central angle of 00°43°44-subtending a 58.16 foot chord which bears 557008'44"W, for an arc distance of 58.16 feet to the point of intersection with the Westerly Limited Access Right of Way Line of NW 10 AVENUE; thence run NO2°08`221'W, along the Westerly Limited Access Right of Way Line of NW 10 AVENUE and its northerly extension, for a distance of 221.67 feet to a point of Intersection with the Northwesterly line of the herein described easement, said point being on a circular curve concave to the Southeast; thence run northeasterly, along said circular curve and easement line, having a radius of 5,768.75 through a central angle of 00°35'01'°subtending a 58,77 foot chord which bears N57325' 13"E, for an arc distance of 58.77 feet to the point of cusp of a circular curve concave to the East on the Easterly Right of Way Line of NW 10 AVENUE; thence run southwesterly, along said circular curve and right of way line, having a radius of 25.00 feet through a central angle of 13°14'52"subtending a 5.77 foot chord which bears SO41'29'04"W, for an arc distance of 5.78 feet to the paint of tangency; thence run 502°08'22"E, along the Easterly Limited Access Right of Way Line, extended at its ends, of NW 10 AVENUE, for a distance of 216.01 feet to the point of intersection with the Southeasterly line of the herein described easement and the POINT OF BEGINNING. Containing an area of 11,076 square feet, more or less. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER, ADO 8077Ob1 ELEV. J. ZANORA 08.15-15 AE«5a0N sr DATE THIS I5 NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 808 STATE ROAD NO. 836 MIAMI-DADS COUNTY cj. - nDArA SOURCE. 9r DATS ; cw ,eQ s aclo[,r�es trra :sC wc. J asEi o r11 A'r4lZ6 ° I SEE GENERAL NA1E5 DRAWN T.MOREJON 11-05•20t4'-------' + G A.TOIRAC ° 1]-0s 2014 Prat. NO. 83611. SECTION 87200 ' SHEET 1 OF 3 AU: ,c..• r. s ,rr7„E/ a .f i GENERAL NOTES: 1, This Sketch is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper in responsible charge. 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAL83) 1983 adjustment 2007 and are based on a PNC Protect Baseline bearing of N 03642'371 W being established between FDOT monuments: PNCO2 stamped 87 11 PNCO2 (N 526779.1510, E 919562.7520) and PNC04 stamped 87 11 PNC04 (N 528164.0790, E 919472.9400) and therefrom a bearing of 5 87'52'14" E along the Monument Line of NW 14th STREET between NW 9th AVENUE and NW 10th AVENUE. 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY, 6. Date Prepared: October 27th, 2014. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. 10 3 ;'L. SANt-1, EL /DATE: 08-15-2015 P •�FESS1ONAL LAND SURVEYOR AND MAPPER F'°RIDA CERTIFICATE NO. 5636 THIS IS NOT A SURVEY RAMON EISIRs MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 808 STATE ROAD NO. 835 MIAMI-DADS COUNTY in* ogre .i i ar i.05 imme-t¢w f rec DRAWN T.MOpEIOR 11.4 -2o14 4r $347E I CHECKED A.To1RAC11.15-ZO 4 Prat. No. 83621 l f�rf SF? 1, ORTA SOURCE SEE GENERAL NOTES SECTION 07200 SHEET 2 OF 3 ADD BOTTOM ELEV. L ZArIOM 68-IS•15 0 25 50 I00 150 LEGEND: FDOT ■- S.R, q. R LB R A CD CB NIA PO. P. B. R/W L/A SEC. TWP. ROE. SF PROJ. No. P.O.C. P.O.B. N.T.S. / rt Ce cm s OCI UNDETERMINED Scale: 1" = 50' N 87°35' 11" E FLORIDA DEPARTMENT OF TRANSPORTATION STATE ROAD CENTERLINE BASELINE PROPERTY LINE LICENSED BUSINESS RADIUS CURVE LENGTH DELTA CHORD DISTANCE CHORD BEARING NOT APPLICABLE PAG E PLAT BOOK RIGHT OF WAY LIMITED ACCESS SECTION TOWNSHIP RANGE SQUARE FEET PROJECT NUMBER POINT OF COMMENCEMENT POINT OF BEGINNING NOT TO SCALE EXISTING L/A RIW LINE PROPOSED AERIAL EASEMENT ▪ BLOCK NUMBER PARCEL IDENTIFICATION NUMBER in re) __-- -- —EXISTING 'N NW 14T1-1 STREET 5 B7°52'14' W ��tiaz* f R=25.00' g'1 ° I + +�� Q&76°45'44' 013 �1 ,. i _- A=33.49 1"`4�tt °P. , - �EXI�STING p• / R/W LINE. TRACT A R/W LINE 5, +CC• MEDICAL CENTER ` I SUBDIVISION (P.B. 95 PG. 54) I; ` ••" 20' 25' N ° 17'03" E I i 111 L7 CC ui uos . uJ P.O.0 r I . P.O.s. DETAIL N.T.S. - 803 .. to w t ri ti �¢Q n /. r W (NI Q - X Wu O N� 3N a 1 za R O iv cv m ti 2025'1 cm THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. -__ • '• "C-1 �6 ' I 15 JSLOT 1G BLOCK 18 - P.B. 2 PA. 17 P� P tl �Nit'a01 �51p �pNS D 1l. zo5 iz `s C8oma ti OQ� -s 0 .'a3 I. I C Q ¢ TRACT 'A" C. . HIGHLAND PARK ESTATES M. AAA'‘ l (P.B. 166 PG. 94) THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY SKETCH TO ACCOMPANY LEGAL DESCRIPTION - - STATE ROAD NO. 835 —._. 112110.05 M. BY PAYE m¢S c�1es yrc4vo°�aam�a r'.c AVV DRAWN T.MOREXON 11-ZO �014 CNECKEC r,.TOIRAC 11.7E•z414 Prof. NO. 83611 !tier MIAMI-DADE COUNTY &TA SOURCE: - SEE GENERA. NOTES SECTION 87200 SHEET 3 OF 3 uar EXHIBIT B LNSL'RA.NCE REQUIREMENTS MIIAMI PERPETUAL AERIAL EASEMENT TO MDX 1. 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, FDOT, and Miami Dade County listed as an additional insured. Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard 11. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability - A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. S1,000,000 for bodily injury caused by disease, each employee S1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained 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, or in accordance to policy provisions. 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 for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of, GailD. Serota, Esq. Weiss Scrota Hellman Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33139 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this "Perpetual Aerial Easement") made the day of , 2017, by THE CITY OF ML4.tiII, a municipality of the State of Florida, Grantor, to the ML4_MI-DADE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. WITNESSETII: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Miami -Dade County, Florida, viz: PARCEL S09 Project. No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American vertical Datum of 1988 (NAVDS8) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of S5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) Emit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 1 3BJ385503-Pereptual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit "B" attached hereto and made a part hereof. 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. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 2 3BJ385603-Pereptual Aerial Easement with City of Miami Changes Accepted I\ WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF MLAMI-DARE The City of Miami By: Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to nie or who has produced as identification. (Signarare of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number. if any: Approved as Form and Correctness: Victoria Mendez, City Attorney 3 3B13856O3-Pereptual Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 809: EXHIBIT A An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 22.05 feet, according to the North American Vertical Datum of 1988 (NAVDBB) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity, The easement Is lying above that portion of NW 14 STREET lying northerly of Blocks 17 and 18 of HIGHLAND PARK, a subdivision Tying In the EYof Section 35, Township 53 South, Range 41 East, according to the plat thereof as recorded in Plat Book 2 at Page 13 of the Public Records of Miami -Dade County, Florida; being more particularly described as follows: BEGINNING at the point of intersection of the Southerly Limited Access Right of Way Line of NW 14 Street, coincident with the North line of said Block 18, with the existing limited access right of way line, lying northwesterly of state Road 836, as shown In said F.D.O.T. Right of Way Map Section 87200-2505; thence run S87052'14"W, along the Southerly Right of Way Line of NW 14 Street, coincident with the North line of said Block 18, for a distance of 60.87 feet to the point of intersection with the Westerly line of the herein described easement, said point being on a circular curve concave to the southeast; thence run northeasterly, along said circular curve and easement line, having a radius of 5,763.73 feet, through a central angle of 01°32'104subtending a 154.67 foot chord which bears N58°51'49"E, for an arc distance of 154.67 feet to the point of Intersection with the Northerly Limited Access Right of Way Line of NW 14 STREET; thence run N37°52'144E, along the Northerly Limited Access Right of Way Line of NW 14 STREET, for a distance of 126.20 feet; thence run N45'41'05"E, continuing along the Northerly Limited Access Right of Way Line of NW 14 STREET, for a distance of 10.63 feet; thence run N87°52'14'4E, continuing along the Northerly Limited Access Right of Way Line of NW 14 STREET, for a distance of 252.87 feet; thence run S50°56'374E, continuing along the Northerly Limited Access Right of Way Line of NW 14 STREET, for a distance of 10.66 feet to the point of Intersection of a circular curve concave to the South; thence run easterly, continuing along the Northerly Limited Access Right of Way Line of NW 14 STREET and along said circular curve, having a radius of 1,103,42 feet through a central angle of 04'07'06"subtending a 79.65 foot chord which bears N85°39'35"E, for an arc distance of 79.67 feet to the point of tangency; thence run NB3°36'024E, continuing along the Northerly Limited Access Right of Way Line of NW 14 STREET, for a distance of 16.40 feet to the point of Intersection with Easterly line of the herein described easement, said point being on a circular curve concave to the Southeast; thence run southwesterly, along said circular curve and easement line, having a radius of 4,573.25 feet through a central angle of 02°12'32"subtend:ng a 176.30 foot chord which bears S65°36'44"W, for an arc distance of 176.31 feet the point of tangency; thence run 562°03'04"W, along said easement line, for a distance of 28.82 feet to the point of intersection with the Southerly Limited Access Right of Way Line of NW 14 STREET; thence run 587°52'14"W, along the Southerly Limited Access Right of Way Line of NW 14 STREET, coincident with the North line of said Block 17 in Plat Book 2 at age 13, for a distance of 50.84 feet; thence run S46°41'05'W, continuing along the Southerly Limited Access Right of Way Line of NW 14 STREET, for a distance of 10.63 feet; thence run S87°52'14°W, continuing along the Southerly Limited Access Right of Way Line of NW 14 STREET, for a distance of 264.14 feet; thence run N50°56'37"W, continuing along the Southerly Limited Access Right of Way Line of NW 14 STREET, for a distance of 10.63 feet; thence run S87'52'14"W, continuing along the Southerly Limited Access Right of Way Line of NW 14 STREET, coincident with the North line of said Block 18, for a distance of 45.48 feet to the POINT OF BEGINNING. Containing an area of 38,080 square feet, more or less. THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 809 STATE ROAD NO. 836 MIAMI-DADE COUNTY Sr 1 DATE freimisFsranige( REV EEO 8Y I. X T,MOREJON 03-19-2E1S DRAWN 7.MOREtON 10-11.2014 REVSICsi n wrF 01ECXH1 A.TOIRAC 110-21-2014 Prof. NO, 83611 DATA sO4, CE: SEE GENERAL NOTES SECTION 87200 SHEET 1 OF 4 GENERAL NOTES: 1, This Sketch Is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper in responsible charge. 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAD83) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03°42'37" W being established between FDOT monuments; PNCO2 stamped 87_11_PNCO2 (N 526779,1510, E 919552.7520) and PNC04 stamped 87_112NC04 (N 528164.0790, E 919472.9400) and therefrom a bearing of N 87°53'13' E along the Monument Line of NW 12th Street between NW ]2th AVENUE and NW 13th AVENUE. 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. 6. Date Prepared: October 27th, 2014. • 105.7 :: SANFILL, '"DATE. 06-23-2015 Pot- ESSIONAL LAND SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5636 THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER, MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 809 STATE ROAD NO, 836 MiAf4I-DACE COUNTY t 1 BY 1E +isa en Amax mc we l d►T► SQUKB REVISED PAGE NO. J. 0G23-2015 Y + ry av: Irtt REVISED BY 140X T.M ORE1GN' 03-19-2015 DNA" T.MOREk3H 10.21.2014 at� p i'3ix lsn SEE GENERAL NOTES mansion a DATE CHECKED A.TDIRAG 1021•2A Pref. NO. 83611 SECTION 87200 SHE T 2 OF 4 lt':WY S.R. R P.O.C. P.O.B. LB R A fl CD CB N/A PG. P.B. R!W UA SEC. TWP. RGE. SF PROJ. No. POINT OF BEGINNING LICENSED BUSINESS RADIUS CURVE LENGTH DELTA CHORD DISTANCE CHORD BEARING NOT APPLICABLE • PAGE • PLAT BOOK • RIGHT OF WAY ▪ LIMITED ACCESS = SECTION ▪ TOWNSHIP = RANGE SQUARE FEET = PROJECT • NUMBER 1 uz fri u w to ▪ PARCEL IDENTIFICATION NUMBER —.'- — = EXISTING L/A R/W LINE — s PROPOSED AERIAL EASEMENT LEGEND: FDOT = FLORIDA DEPARTMENT OF TRANSPORTATION = STATE ROAD PPE I-L Nr 809 C?y_ ..ti,. ``i NA?,1E Crll' OF MIAMI CENTERLINE BASELINE PROPERTY LINE 1 POINT OF COMMENCEMENTkI[ .i 1 N,\mCEL AREA 13LMAINDFRR 1,. r n)LN7 L, I 38,080 SF UNDETERMINED 300 Yw 4-Cil HIGHLAND PAW' ram ; z Qr •tt�SP�I 1(P.B. 2 PG. 13) � =ra \;.'5 6 � �5 13 1 1/) 10 S 0.�N t1 tt m M N 87°52'14" E 5 87°52'14'1 W,!' 304.92' .- ill NW 14T1-1 STREET u? 809)4 r- 0-1 v -? .1. m P.O.B. p, SEE DETA L r� --` t �\ SHEET 4 �xE = ` 60 q. ,-.1 15 351L = BLOCK NUMBER rn �! 304.42° "'1 in 2 -. HIGHLAND PA RK (P.B. 2 PG. 13) THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET 1S ATTACHED TO THE OTHER. THIS 1S NOT A SURVEY MIAMI-DADE EXPRESSWAY 1, AUTHORITY SKETCH TO ACCOMPANY LEGAL DESCRIPTION REVISED BY MDX T.MCIRl:1OM aenswro Br T STATE ROAD NO. 836 IFFENND..: ! .. _ 03-19 2015 � DRAWN f T,MOREION- 11-21-20I 4" rrn f CHECKED A,TOIRAL ]1.21-7a14k Pro). NO. 8351 1 .g4f41 •tTINlf ,:r, - - MIAMI-DADE COUNTY 0..TA SQl , -.... SEE GENERAL ROILS _ t SECTION 87200 I SHEET 3 OF 4 DETAIL PARCEL 809 0 50 100 200 mogIwo ~-� _ SE— : 1- = 100' N 46°41'O5° E 10.63' M 87°52'14' E N 176.20' 87,,°52'14" •� �� \ PROPOSED AERIAL EASEMENT NW 14TI t / 1-,TREET d./ —4 r-r'--_— --# r '—... 60.87' 45.48' — 5 87'52'14' W 264.14' S 87°52'14' WI 5.' 10.63' N 50°56'37" W J 2.-E" S 46°41'05'1 W.- ' 10.63' 8 0`�'3 S 87°52'14"W 3100 to `, 4 \‘\t� Rg 110B.42' 0(3 S 50°56'3)" E C^ py10.66' p04°07:06' A7s.�7 c.s+� a ° 39 ° E C.D• N 83°36'02" E r \--P$ t5,1163 SEC.35. TWP.535, RGE 41E THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY SKETCH TO ACCOMPANY LEGAL DESCRIPTION REVISED BY NiCix REI.WON T,Mt1RUCN 03.19.201s ®Tell. Er OA7E STATE ROAD NO. 836 DRAWN cr'Ecxgo ,RIPAMO NY: °Y RATE art +vw[ ♦ MA'+mfi 4 .ems nr. T-MOREJOR 11-21-2l 14 A.TOIRAC 11-21-2014 ProJ. NO. 63611 MIAMI-DADE COUNTY DATA SOURC1z SEE GEMFRAL NOTES SECTION 67200 sHEET 4 OF 4 EXHIBIT B INSURANCE REQUIREMENTS MIAMI PERPETUAL AERIAL EASEMENT TO MDX I. Commercial General Liability A_ Limits of Liability Bodily Injuy and Property Damage Liability Each Occurrence S 1,000,000 General Aggregate Limit S 2,000,000 Products/Completed Operations S 1,000,000 Personal and Advertising Injury S1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse; and Underground Hazard II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident S 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured 111. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. S1,000,000 for bodily injury caused by disease, each employee S 1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained 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, or in accordance to policy provisions. 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 Strenb h, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of, Gail D. Scrota, Esq. Weiss Serota Helfman Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUALI. AJ RIAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this "Perpetual Aerial Easement") made the day of , 2017, by THE CITY OF MIAMI, a municipality of the State of Florida, Grantor, to the IrIIAMI-DARE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described Iand in Miami -Dade County, Florida, viz: PARCEL 833 Project, No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not Iess than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 3131385603-Pereptual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the (imitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their rev iew and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (L) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit" B' attached hereto and made a part hereof. 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. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 2 3BJ385603-Pereptual Aerial Fasentettt with City of Miami Changes Accepted IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF MIAMI-DADE The City of I'viiami By; Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any; Approved as Form and Correctness: Victoria Mender, City Attorney 3 3BJ3$5603-Pereptual Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 833 EXHIBIT A An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having a minimum vertical clearance of 16.5 feet above ground elevation, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey and the Top Plane extending to infinity. The Easement is lying above that portion of NW 14 STREET, as shown westerly of NW 5 AVENUE, in F.D.O.T. Right of Way Map for State Road 9-A/t-95 in Section 87270-2475, and lying southeasterly of Lot 34 in Block 24 of DALE MILLER TRACT ADDITION No. 1, a subdivision lying In the NWKof Section 36, Township 53 South, Range 41 East, according to the plat thereof as recorded In Plat Book 2 at Page 70 of the Public Records of Miami -Dade County, Florida; the bottom plane of the easement being more particularly described as follows: COMMENCE at the point of intersection of the south Tine of said Lot 34 In Block 24 , coincident with the Northerly Right of Way Line of NW 14 STREET, with the Existing Limited Access Right of Way Line, lying Southwesterly of State Road 9-A/!-95, as shown In said F.D.O.T, Right of Way Map Section 87270-2475 said point being on a circular curve concave to the South; thence run southeasterly along said circular curve, also being the Northerly Right of Way Line of NW 14 STREET, having a radius of 1,183.42 feet through a central angle of 00°15'51"subtending a 5.45 foot chord which bears 585°20'06'E, fer an arc distance of 5.45 feet to the POINT OF BEGINNING of the hereinafter described easement; thence continue southeasterly along said circular curve, also being the Northerly Right of Way Line of NW 14 STREET, having a radius of 1,183.42 feet through a central angle of 01°00'20'subtending a 20.77 foot chord which bears 585°42'01"E, for an arc distance of 20.77 feet to a point of reverse curvature of a circular curve concave to the North; thence run southeasterly along said circular curve, aim being the Northerly Right of Way Line of NW 14 STREET, having a radius of 1,113.92 feet through a central angle of 04611'36"subtending a 81.51 foot chord which bears S87°17'394E, for an arc distance of 81.52 feet to the paint of intersection with the Northeasterly line of the herein described easement; thence run 549°04'47"E, along said easement line and across NW 14 STREET, for a distance of 95.54 feet to the point of intersection with the Existing Limited Access Right of Way Line, lying Southwesterly of State Road 9-A/I-95, as shown in said F.D.O.T. Right of Way Map Section 87270-2475, coincident with the Southerly Right of Way Line of NW 14 STREET; thence run S87.37'39"W, along said Existing Limited Access Right of Way Line, lying Southwesterly of State Road 9-A/l-95, coincident with the Southerly Right of Way Line of NW 14 STREET, for a distance of 63.62 feet to a point of deflection on said Existing Limited Access Right of Way Line, Tying Southwesterly of State Road 9-A/I-95, coincident with the Southerly Right of Way Line of NW 14 STREET; thence run S44°04'51"W, along said Existing Limited Access Right of Way Line, coincident with the Southerly Right of Way Line of NW 14 STREET, for a distance of 4.44 feet to a point of Intersection with the Southwesterly line of the herein described easement; thence run N55°34'05'W, along said easement line and across NW 14 STREET, for a distance of 130.54 feet to the point of intersection with the Existing Limited Access Right of Way Line of State Road 9-A/1-95, coincident with the Northerly Right of Way Line of NW 14 STREET, and the POINT OF BEGINNING. Containing an area of 5,613 square feet, more or less. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. THIS IS NOT A SURVEY REVISION MIAMI-DADE EXPRESSWAY AUTUORITY LEGAL DESCRIPTION PARCELS 833 STATE ROAD NO. a36 MIAMI-DADE COUNTY -- - ` w>E T'"'""eoBY $*�q DATA SOURCE SEE GENERAL NC3TE5 DRAWN T.+MOR cN 03-13-2015 O EOCED A.TO AC 103-10.2015 Prot. No. 83611 SECTION 87200 SHEET 1 OF 3 trot, srLA LEGAL DESCRIPTION - PARCEL 833 GENERAL NOTES: 1. This Sketch is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper In responsible charge. 3. Bearings and coordinates are relative' to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAD83) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03°42'37" W being established between FDOT monuments: PNCO2 stamped 87_11_PNCO2 (N 526779.1510, E 919562,7520) and PNC04 stamped 87_11_PNC04 (N 528164.0790, E 919472,9400) and therefrom a bearing of N 87°38'19" E along the Monument tine NW 12TH STREET of between NW NORTH DRIVE DRIVE and NW 13th AVENUE. 4, Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. 6. Date Prepared: March 18th, 2015. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. AEvsoI ws.rts J!"5f'L. SANFIEL, DATE: 06-15-2015 :.QFESSIONAL LAND SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5636 THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTCON PARCELS 833 BY OAT! FpArf3 STATE ROAD NO, 836 By DATE o..e ra .a*en.mxreF.exnra +.narua x [MAIMT.MORElON 03.13.207S _ _ .. __... _..... CHECKED A.TO:RAC 'O3.15-2035 Prcj. NO. 83611 MIAMI-DADE COUNTY SEE GEN ErwL 407E5 5EC IQN 87200 SHEET 2 OF 3 !PARCEL NO. i 833 LEGEND: S.R. q_ (P) LB N/A PG. P.B. R/W SEC. TWP. RGE. = STATE ROAD - CENTERLINE ▪ BASELINE = PROPERTY LINE = PLAT = LICENSED BUSINESS = NOT APPLICABLE = PAGE = PLAT BOOK = RIGHT OF WAY = SECTION = TOWNSHIP RANGE OWNER'S NAME CITY OF MIAMI SF = SQUARE FEET PROJ. 2= PROJECT P.O.C. = POINT OF COMMENCE P.O.B. — POINT OF BEGINNING FDOT = FLORIDA DEPARTMENT - OF TRANSPORTATION R = RADIUS A CURVE LENGTH A = DELTA CD = CHORD DISTANCE N.T.S. = NOT TO SCALE UA = LIMITED ACCESS KM LINE DALE MILLER TRACT ADDITION NO. 1 (P.B. 2 PG. 70) PARCELAREA REMAINDER 5,613 SF UNDETERMINED 0 20 40 BO Scale: 1' 40' EXISTING LIMITED ACCESS R/W LINE PER FDOT SEC. 87270-2475 C-1 34 EXISTING RAN LINE BLOCK NUMBER = PARCEL IDENTIFICATION NUMBER I—° col:C I 33 ZU 25' S87"37'39"W NW 14TH STREET EXISTING R/W LINE PROPOSED PERMANENT EASEMENT — — — — x• EXISTING RW LINE = EXISTING L/A R/W LINE MIAMI-DADE EXPRESSWAY AUTHOREIY SKETCH TO ACCOMPANY, DETAIL N.T.S. C-2 ,-- C-3 -\--%., ,.., 4`r0 0 Lu .... 0 .. 6.,44 'ID \ LP 0 - S.k+ S'$• 0----1-- Alk. 0 ...4. ie. _ N._ rr • r f,491,"-iz '1'. '•-. $' NI, / 544'0451"W "-t- , ....-- .›.---\". 63.62' 1 tiL4.44)Ly S 87°3739" W \ ----- -...__.....--- BOOKER T. WASHINGTON JR. HIGH (P.B. 129 PG. 39) 12.0 tu Rr ui CURVES DATA C-1 R=1183.42' A=00°15'51" A=5.45° C.B.=N 86°20'06" W C.D.=-5A5' C-2 R=1183.42' A-=-01°00'20" A=20.77' C.B.=S 85'4201" E C.D.=20.77' S44°04°51"W 4.44' C-3 R=1113.92° A=04°11'36" A=,81.52' C.B.=S 87°17'39' E C.D..-=81.51° THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. LEGAL DESCRIPTION REVISION Bf I - STATE ROAD NO. 836 DATE . , ritairearM4a777361' DRAWN TAIORRION 03-13-2015 CHEMED A.TOMAC 03-18-21315. Pm'. NO. 83611 THIS IS NOT A SURVEY MIAMI-DADE COUNTY DATA SOURCE SEE GENERAL NOTES SECTION 87200 SHEET 3 OF 3 EXHIBIT B INSURANCE REQUIREMENTS MIAIII PERPETUAL AERIAL EASEMENT TO AIDX 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 S1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any AutoiOwned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III. Worker's Compensation Limits of Liability S tatutory-State of Florida 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 IV Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $ 1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained 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, or in accordance to policy provisions. 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 for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of, Gail D. Serota, Esq. Weiss Scrota Helfman Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERLAL EASEMENT (this "Perpetual Aerial Easement") made the day of , 2017, by THE CITY OF MLAMI, a municipality of the State of Florida, Grantor, to the MI A'M[I-DADE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Miami -Dade County, Florida, viz: PARCEL 839 Project. No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than S1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability insurance providing for a limit of not Tess than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 1 3BJ385603-Percprual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its Liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit "R" attached hereto and made a part hereof. 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. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 2 3131385603-Pereptual Aerial Easement with City of Miami Changes Accepted IN WITNESS W}TEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF MIAMI-DADE The City of Miami By Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: Approved as Form and Correctness: Victoria Mendez, City Attorney 3 3 BJ385643-Pereptuai Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 839: EXHIBIT A An aerial easement within that airspace vertically enclosed; the Bottom Fiane of which having an Elevation of 24.41 feet, according to the North American Vertical Datum of 1968 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to Infinity. That easement being a portion of the 10.00 foot Ailey Tying in Black 17, between Lots 1 & 16, In Block 17 of "HIGHLAND PARK', according to the plat thereof, recorded In Plat Book 2, at Page 13, of the Public Records of Miami -Dade County, Florida, and lying In the SE y of Section 35, Township 53 South, Range 41 East, Miami -Dade County, Florida, being more particularly described as follows: BEGINNING at the paint of intersection of the East line of said Lot 16, In Block 17 of `HIGHLAND PARK', coincident with the West fine of said 10.00 foot Alley, with the Existing Limited Access Right of Way Line of SR 836 as per F.D.O.T. Right of Way Map for Section 87200-2505; thence run N50°32'4B'E, along the last described Existing Limited Access Right of Way Line of 5R 836, for a distance of 11.27 feet to the point of intersection with the West line of said Lot 1 In Block 17 of "HIGHLAND PARK", coincident with the East line of said 10.00 foot Alley; thence run 502°01'06"E, along the last described easement line, for a distance of 9.58 feet to the point of intersection with the Southeasterly line of the herein described easement; thence run S62°05'23"W, along said Southeasterly line of this easement and across said 10.00 foot Alley. for a distance of 11.12 feet to the point of intersection with the East line of said Lot 16 In Block 17, coincident with the West line of said 10.00 foot Alley; thence run NO2°01'06'W, along the East line of said Lot 16, coincident with the West line of said 10.00 foot Ailey, to the point of intersection with the above described Existing Limited Access Right of Way Line of SR 836, for a distance of 9,24 feet to the POINT OF BEGINNING. Containing an area of 94 square feet, more or less. GENERAL NOTES: 1. This Sketch Is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper in responsible charge. 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NADB3) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03°42'37' W being established between FOOT monuments: PNCO2 stamped 87 11 PNCO2 (N 526779.1510, E 919562.7520) and PNC04 stamped 87 11 PNC04 (N 528164.0790, E 919472.9400) and therefrom a bearing of N 137°38'19° E along the Monument tine NW 12T1-I STREET of between NW NORTH DRIVE DRIVE and NW 13th AVENUE, 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. 6. Date Prepared: May 15th, 2015. THIS DOCUMENT CONSISTS OF TWO (2) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. JOSEX ANFIE._, DATE: 08-18-2015 PRDr2SlONAL LAND SURVEYOR AND MAPPER FL? 1DA CERTIFICATE NO. 5636 THIS IS NOT A SURVEY REV. EEMNO ADO. AERIAL BOX AREA REVISED N. ZAMORA O11-14-201S J. ZAMORA O .29-2015 J. ZAMORA i 06-o1-2015 iY GATE MIAMI-DARE EXPRESSWAY AUT(-IORJTY LEGAL DESCRFPTION PARCEL 839 STATE ROAD NQ. 836 Pr 1 VAT! DRAWN T.P4o11EJON0S-=s-z015—"'- C14ECICEO A.TOiRAC O5-15.20151 Prof. NO. 83611 SECTION 87200 1 SHEET 1 OF 2 MIAMI-DADE COUNTY p„o�nw_ M WM SOURCE ni,6talY5,m5' SEE GMEX41. MOTES pAR.EL NO. 839 LEGEND: S.R. = STATE ROAD CENTERLINE = BASELINE = PROPERTY UNE (P) = PLAT LB = LICENSED BUSINESS N/A = NOT APPLICABLE PG. = PAGE P.B. = PLAT BOOK R/W = RIGHT OF WAY SEC. = SECTION TWP. = TOWNSHIP RGE. = RANGE SF = SQUARE FEET PROJ. = PROJECT R.O.C. = POINT OF COMMENCE P.O.B. = POINT OF BEGINNING FDOT FLORIDA DEPARTMENT OF TRANSPORTATION R = RADIUS A = CURVE LENGTH A = DELTA CD = CHORD DISTANCE N.T.S. = NOT TO SCALE No. - NUMBER CITY OF MIAMI 52,36 oyQ�ti PARCEL IDENTIFICATION) NUMBER = EXISTING L/A R/W LINE PROPOSED L/A R/W LINE = PROPOSED PERMANENT EASEMENT Tn 5 5¢ 4, \NU-,66- 15 463E, e SEE DETAIL 5' `•• I. 0' 14 PARCELARFAINjaFR r Q ENTi- 944 SF UNDETERMINED i NW 14TH STREET N 87°52' 14' E 13 12 5 11 6 10 7 HIGHLAND PARK (P.B. 2 PG. 13) _ten . 20' 9 51. - 10' ALLEY S87'53.37"W - NW 13TH STREET 50 100 200 ,._ Scale: 1" = 10 ti en 1 4 300 UJ en cL rrl w in DETAIL PARCEL 839 N.T.S. THIS DOCUMENT CONSISTS OF TWO (2) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. MIAMI-DADS EXPRESSWAY AUTHORITY ISKETCH TO ACCOMPANY 1 LEGAL DESCRIPTION i STATE ROAD NO. 835 REV. REARING E. NATCH' N. ZAMORA, r19-1 -2015 � .14 WAD V. 839 REINSTATED: J. ZANq.1RA 106`24-2015 Im fir7 iki Fil:c"EPI v T'N' 6••' VI AREA RESED 1. ZAM4RA 06-01.015 DRAWN IT.NQRPJON, 05-35-2t ]5° aevisan A•r j DATE ek8C1Clo A_ DIRAC ' o5-15ao1pI Pro). NO. 83611 �w ret ,1" �fivr� �i� MIAMI-OADE COUNTY DATA SOUS:. „SEE GENERAL 6107k5 SECTION 87200 SHEET 2 OF 2 EXHIBIT B LNSURANCE REQUIREMENTS MIAMI PERPETUAL AERIAL EASEMENT TO MDX I. Commercial General Liability A. Limits of Liability Bodily Injury and. Property Damage Liability Each Occurrence $1,000,000 Genera! Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida 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 IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence Policy Aggregate $1,000,000 $1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained 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, or in accordance to policy provisions. 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 for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of, Gail D. Serota, Esq. Weiss Scrota Helfinan Cole & Bierman, P.L. 2525 Ponce do Leon Blvd_, Suite 700 Coral Gables, Florida 33134 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this "Perpetual Aerial Easement") made the day of . 2017, by THE CITY OF MLAMII, a municipality of the State of Florida, Grantor, to the MIAMI-DADE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. WiTNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Miami -Dade County, Florida, viz: PARCEL 843 Project. No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a Jimit of not less than S50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that Iimit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 1 3BJ385603-Pereprual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 763.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit "B" attached hereto and made a part hereof. 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. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 2 3BJ3856O3-Pereptual Aerial Easement with City of Miami Changes Accepted IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF MIAMI-D ADE The City of Miami By: Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this _ day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature of person taking acknowledmnent) (Type, print or stamp name under signature) Title or rank and serial number, if any: Approved as Form and Correctness: Victoria Mendez, City Attorney 3 3BJ385503-Pereptual Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 843: EXHIBIT A An aerial easement within the airspace vertically enclosed; the Bottom Plane of which having a minimum vertical clearance of 15.5 feet above ground elevation, according to the North American Vertical Datum of 1988 (NAVD88), as established by the United States National Geodetic Survey and the Top Plane extending to infinity. The easement is lying above that portion of NW 17th Street, which is Tying more or less 241 feet West of the Easterly Limited Access Right of Way of the Interstate Highway 1-95 (State Road 9/9A) as per F.D.O.T. Right of Way Map for Section B7270.2426, and lying in the NW % of Section 36, Township 53 South, Range 41 East, In Miami -Dade County, Florida; the Bottom Plane of this easement being more particularly described as follows: COMMENCE at the point of intersection of said Easterly Limited Access Right of Way line of 1-95 with the Northerly Limited Access Right of Way Line of NW 17th Street, thence run 587.33'11"W, along said Limited Access Right of Way of NW 17th Street, for a distance of 25.55 feet; thence run 587°33'071'W continuing along last described Limited Access Right of Way Line, for a distance of 190,03 feet; thence run 567132'25"W, along said Limited Access Right of Way of NW nth street, for a distance of 4.35 feet to the point of intersection with the East line of the herein described easement and the POINT OF BEGINNING; thence run 500°47'00"E, along said East line of this easement, for a distance of 60.03 feet to the point of intersection with the Southerly Limited Access Right of Way Line of NW 17th Street; thence run 587°32'25"W, along said Southerly Limited Access Right of Way line of NW 17th Street, for a distance of 42.98 feet to the point of Intersection with the Wast Line of the herein described easement; thence run N00°34'16°W, along said West line of this easement, for a distance of 60,03 feet to the point of intersection with said Northerly Limited Access Right of Way Line of NW 17th Street; thence run N87'32'25'1E, along last described Limited Access Right of Way Line of NW 17th Street. for a distance of 42.76 feet, to the POINT OF BEGINNING. Containing an area of 2,572 square feet, more or less. GENERAL NOTES: 1. This Sketch Is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper in responsible charge, 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zane, Traverse Mercator Protection, North American Datum (NAD83) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03°42'376 W being established between FDOT monuments: PNCO2 stamped 87 11 PNCO2 (N 525779,1510, E 919562.7520) and PNC04 stamped 87 11 PNC04 (N 523164,0790, E 919472.9400) and therefrom a bearing of S 87°52'14' E along the Monument Line of NW 14th STREET between NW 9th AVENUE and NW 10th AVENUE. 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the.signing party. 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. �„ 6. Date Prepared: May 1I5th, 2015. ' THIS DOCUMENT CONSISTS OF TWO (2) SHEETS AND SHALL NOT BE CONSIDERED =` E L. �.AMiEL, ,BATE: 06-24-2015 FULL, VALIa AND COMPLETE UNLESS EACH ' P'OFESSIONAL LAND SURVEYOR AND MAPPER SHEET IS ATTACHED TO THE OTHER, LDRIDA CERTIFICATE NO. 5636 THIS IS NOT A SURVEY MIAMi-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 848 LE6AJ REV154D J ZAMORA 6644401S �V6iOM we DMA STATE ROAD NO. 836 MIAMI-DADE COUNTY CATE DRAWN I1.14oREJaN 91.-15-2033 CHECKED A.ro1RAc os-is•zoL Prat, NO' 83611 SECTION 87270-2421 SHEET 1 OF 2 maw_ .Fm Q4 DATA SOunCE SEE i°fdeafer 8 .mil.", r J-..o0. AY iNi.V.1JJJ1. 73 A,.7. ..K ..* "(l. P,..rt l [7-, LEGEND: FDOT S.R. Q P.U.C. P.O.B. LB R A CD CB NIA PG. P.B. R/W SEC. TWP. RGE, SF PRO'. No. — m — _ 414 PtlRCF_L N. : QWNFR'5 Leo\ACLLAL. 848 CITY OF MIAMI 2,572 SF FLORIDA DEPARTMENT OF TRANSPORTATION STATE ROAD CENTERLINE BASELINE PROPERTY UNE POINT OF COMMENCEMENT POINT OF BEGINNING UCENSED BUSINESS RADIUS CURVE LENGTH DELTA CHORD DISTANCE CHORD BEARING NOT APPLICABLE PAG E PLAT BOOK RIGHT OF WAY UNITED ACCESS SECTION TOWNSHIP RANGE SQUARE FEET PROJECT NUMBER ▪ PARCEL IDENTIFICATION NUMBER i t — EXISTING L/A RIW LINE - ---- — PROPOSED AERIAL EASEMENT ▪ BLOCK NUMBER THIS DOCUMENT CONSISTS OF TWO (2) SHEETS SHEET I5 ATTACHED TO THE OTHER. 0 40 B0 UNDETERMINED COP*MFNTS 160 Sc$e }" 0.. f0' 240 S 87°32'25" W, 4.35' PROPOSED N 87°32'25" E 1,‘ AERIAL _ / 42-76' , EASEMENT J "1 1S \ "TOWNPARK', SUBDIVISION 3 U.R. PROJECT FLA. R-10 . 2 (P.B.86 PG. 21)Ci a\ • 72102,9 rs1� DETAIL PARCEL 848 N.T.S. t S 87°33'11" W 25.55' S 87'33'07" W 190.U3' P.O.C. __—_ NW 17TH STREET TRACT 7 -Ln m i ra AND SHALL NOT BE CONSIDERED FULL, VAUD AND COMPLETE UNLESS EACH THIS IS NOT A SURVEY g1 c 01 06, \ 4298' / 1 5 87632'2S" W ti 6.11° ; I 5 87°32'25" W 587°32'2°°W4.35 N 87°32'25" E 142.911' TIA —-- .t _-- - lgq.93` "= 5 87°32'25" W 6.11', 0 S 87°32'25" W MIAMI-DADE EXPRESSWAY AUTHORITY STATE ROAI NY —_ SKETCH TO ACCOMPAN_;, PARCEL SHADED J. ZAMORA 4 a1.24-201s -Tµ LEGAL DESCRIPTION pro" " lArf thic�cm j A.7011U1 NO. 836 L- EXISTING L'A RIW UNE --I-�,.- -, - - 190.03' S 87"33'07" W 68.07' S 87°33'11" W DATE O5.15.2O1S' 1)5•i5-20E5Proi- NO. 83811 MIAMI-DAbE COUNTY DATA SOU SEE GENERAL MOTES SECTION 87200 { SHEET 2 OF 2 EXHIBIT B INSURANCE REQUIREMENTS 14IIAMI PERPETUAL AERIAL EASEMENT TO MDX 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, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability S 1,000,000 for bodily injury caused by an accident, each accident, 51,000,000 for bodily injury caused by disease, each employee S 1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable Iiability policies Contained 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, or in accordance to policy provisions. 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 for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of, Gail D. Serota, Esq. Weiss Serota Heitman Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this "Perpetual Aerial Easement") made the day of . 2017, by THE CITY OF ML&MT, a municipality of the State of Florida, Grantor, to the M1AMI-DARE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. loNTTNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the folloaving described land in Miami -Dade County, Florida, viz: PARCEL 850 Project. No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 3BJ38560-Pereptual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Anv oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 763.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit "B" attached hereto and made a part hereof. 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. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page] 2 313J385603-Pereptual Aerial Easement with City of Miami Changes Accepted IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF MIAMT-DADE The City of Miami By: Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: Approved as Form and Correctness: Victoria Mendez, City Attorney 3 3BJ365603-Pereptual Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 850: EXHIBIT A That easement being a portion of NW 6' Avenue (City of Miami) lying between the East Tine of Lots 2 and 3, In Block 23, and the West line of Lot 33, In Block 24 of 'DALE MILLER TRACT ADDITION No, 1", according to the plat thereof, recorded In Plat Book 2, at Page 70, of the Public Records of Mlams-Dade County, Florida, all lying In the NW Y of Section 36, Township 53 South, Range 41 East, State of Florida; being more particularly described as follows: BEGINNING at the point of intersection of the East line of said Lot 3, In Block 23 of "DALE MILLER TRACT ADDITION No. 1", coincident with the Westerly Right of Way line of NW 6' Avenue, with the Existing Limited Access Right of Way Line lying Southwesterly of SR 636 as per F.D.O.T. Right of Way Map Section 87200-000C; this easement lying Southwesterly and adjoining said Existing Limited Access Right of Way Line of SR 836 ramp; thence run S65`02'47°Er along the last described Existing Limited Access Right of Way Line of SR 836 ramp, for a distance of 44.56 feet to the point of intersection with the West line of said Lot 33, In Block 24 of "DALE MILLER TRACT ADDITION No. 1", coincident with the Easterly Right of Way Line of NW 6` Avenue; thence run 502°12'06"E, along the last described Right of Way Line, fora distance of 7.59 feet to the point of Intersection with the Southwesterly line of the herein described easement; thence run NS5`D2'47"W, along said Southwesterly easement lure Tying southwesterly of and parallel to the Existing Limited Access Right of Way Line Tying Southwesterly of SR 836 as per F.D.O.T. Right of Way Map Section 87200-00OC, for a distance of 44.56 feet, to the point of intersection with the East line of said Lot 2, In Block 23, of "DALE MILLER: TRACT ADDITION No. 1" thence run ND1°12'05 W; along the East line of said Lots 2 and 3, In Block 23, of "DALE MILLER TRACT ADDMON No. I", coincident with the Westerly Right of Way Line of NW 6 Avenue (City of Miami), for a distance of 7.59 feet to the point of Intersection with said Existing Limited Access Right of Way Lane of SR 835 ramp and the POINT OF BEGINNING. Containing an area of 303 square feet, more or less. THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET 15 ATTACHED TO THE OTHER. THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 850 PARALLEL TO 1l* 1. ZAMORA as ON er STATE ROAD NO. 836 MIAMi-0ADE COUNTY a impalam DATA 50UPCk ,,.,,,q� _ w .- ` _I' °i5�3dri.(' SEE GENERAL NOTES 0944.2015 FMAN T.MOPIEJON 0bi2-29i! olEceD A-rouwC oa-u.zois Prot NO. 83611 SECTION 87200 SHEET 1 OF 4 Jxa PUMnr" GENERAL NOTES: 1. This Sketch Is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper in responsible charg6. 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAD83) 1983 adjustment 2007 end are based on a PNC Protect Baseline bearing of N 03°42`37" W being established between FDOT monuments: PNCO2 stamped 87 11 PNCO2 (N 526779.1510, E 919562.7520) and PNC04 stamped 87 11 PNC04 (N 528]64.0790, E 919472.9400) and therefrom a bearing of„r B7652'14' E along the Monument Line of NW 14th STREET between NW 9th AVENUE and NW 10th AVENUE. 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. 5. Prepared far MIAMI-DADE EXPRESSWAY AUTHORITY. 6. Date Prepared: August 07th, 2015. THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. --t IOSE "L. SANFIEL, DATE: 09-09-2015 00^1ESSIONAL LAND SURVEYOR AND MAPPER F11.RIDA CERTIFICATE NO. 5636 THIS 15 NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL. DESCRIPTION -PARCEL 850 RiMIK* : GATE Astontwa STATE ROAD NO 836 MIAMI-DADE COUNTY I DOA soIRC. 1 see GENERA*. MEiTF_S egjaiRrenajnri pMTVN J. ZAMIOM 05-22.241S 0e0:62 1 .4,1aIuC 108-12-2ais PR*NO. B3611 SECTION 87200 11211-. - T?Z+:.T i3.ritte °J+ Fiititr: .vGiuJ'*ia�c e<T:J'T, J321,...14.72ir sHEET 2 OF 4 PAEIS.L ricfr y 441�Ei�`a IrIA 850 1 CITY OF MIAMI LEGEND: (A) = CITY OF MIAMI ATLAS CL CENTERLINE RASEUNE = PROPERTY LINE (P) = PLAT LB = LICENSED BUSINESS N/A a NOT APPLICABLE PG. = PAGE P.B. ." PLAT BOOK R/W = RIGHT OF WAY L/A LIMITED ACCESS R/W LINE SEC. = SECTION TWP. = TOWNSHIP RGE. = RANGE S.R. = STATE ROAD SF = SQUARE FEET PROJ. = PROJECT P.O.C. = POINT OF COMMENCE P.O.B. = POINT OF BEGINNING FOOT = FLORIDA DEPARTMENT OF TRANSPORTATION R = RADIUS A = CURVE LENGTH = DELTA CD = CHORD DISTANCE H.T.S. = NOT TO SCALE No. NUMBER = PARCEL IDENTIFICATION NUMBER r t -r -- w EXISTING L/A R/W LINE is 0 cc 3 = PROPOSED PERMANENT EASEMENT THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VAUD AND COMPLETE UNLESS EACH SHEET 15 ATTACHED TO THE OTHER. _ M VAR( f r<L Ij it1V 303 SF UNDETERMINED c.QMEILNIs 0 20 40 80 120 Scale: 1w = 401.. S.R. 836 EAST - WEST DOLPHIN EXPRESSWAY NW Va SEC. 36, TWP 535, RGE 41E NO1903'OO"W EXISTING LIMITED ACCESS RJW UNE 8.60' i PER FDOT SEC. 87200-000C i 5 17221 „� olo xa LLJ 0 DALE MILLER TRACT ADDrnrN NO. 1 (P B. 2 PG. 701 , im ICJr' 841 )- r 0 rn 4 / a., ui z Q' ry LI; _ _ GRENTNER ADDITION "''~'` -� Ei """- iY'I 729II ,7351 I 4 L(P.B. 10 PG. 56) 1 , r 1 , Z•C 25'(A) _ .. 1 „ 128.57 ((A)4 37.5'(A) I 37.5'1A) ..." 15' _ 25, �,,25 .5 . — \ _ .._ rw _t r J r CC Z111 > _i-- r w LL —,—,,)_ o SEE PARCEL DETAIL SHEET 4 P.0.8. 1 '�- P - -..-- PROPOSED � 1842 y-- PERMANEN i 2 j 3 4 EASEMENT- '� E ROBERTS & `; I n -. EXISTING ft/W LINE NW 14TH STREET (LEGRO ST) SB7'37'39"W MIAMI-DADE EXPRESSWAY AUTHORITY -- — SKETCH TO ACCOMPANY, i LEGAL DESCRIPTION - ;wow IJA J. 7wJ40111A1 09-011.2015 A 1 1111111 nrw=1 STATE ROAD NO. 836 Iry DATE PRAWN ' J. ZAUWRA O-12-7fl151 - . - IC'HECJLlfs i A.701RJur. Prot. NO. 83611 SECTION 87200 I SHEET 3 OF 4 Of-k2-20l5, ►xti JiJate .pit a• - - u1 h m win 2" EAST UNE LOT 3 (PB 2 PG 70) ft 843\7 851� 34 2.5 THIS IS NOT A SURVEY TT MIAMI-DADE COUNTY II OATw sift Gomm. s FAST LINE OF LOT 3 BLK 23 841 {PB 2 PG. 70) 1y 3 THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SKEET IS ATTACHED TO THE OTHER. MIAMI-DADE EXPRESSWAY AUTHORITY 'SKETCH TO ACCOMPAN' LEGAL DESCRIPTION P.o.e, EXISTING LIMITED ACCESS B/W LINE 7 PER FOOT SEC. 87200-0OOC '�...� S 6S• O.?, 40' DETAIL PARCEL 850 N.T.S. THIS IS NOT A SURVEY STATE ROAD NO. 835 ?MAW DADE COUNTY 1rI OAIF. rnwPtO or. DATA Scl{IItCE: 1 i eYt;elt.rWian 1 SEE GENERAL 1110TE5 7-MORSJON; 00-I2-2015A. Tome O3I2zOis' F.P. NO. 83611 SECTION 87200 SHEET 4 OF 4 EXHIBIT B II SURAIYCE REQUIREMENTS AIIAMI PERPETUAL AERIAL EASEMENT TO IIDX 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.'Cornpleted Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard II. Business Automobile Liability. A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. S1,000,000 for bodily injury caused by disease, each employee S1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence S 1,000,000 Policy Aggregate S1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained 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, or in accordance to policy provisions. 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.NI. 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.