HomeMy WebLinkAboutExhibitThis Instrument Prepared by and following recording
Please return to Company: City of Miami
Office of the City Attorney
Victoria Mendez, City Attorney
Address: 444 Southwest 2" d Avenue, Suite 945
Miami, Florida, 33130-1910
GRANT OF EASEMENT
THIS INDENTURE, made this day of , 2017, between
THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter
called "GRANTOR"), and MIAMI-DADE COUNTY, a political subdivision of the State
of Florida, whose mailing address is c/o Miami -Dade Water and Sewer Department, P.O.
Box 330316, Miami, FL 33233-0316, hereinafter called ("GRANTEE");
W1TNESSETH:
THAT the GRANTOR, for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE,
its successors and assigns, forever, the right and privilege of a non-exclusive water/sewer
easement on the property of the GRANTOR, shown and described on EXHIBIT "A"
attached hereto and made a part hereof, (hereinafter called the "FACILITIES" or
"EASEMENT") to construct, reconstruct, lay, install, operate, maintain, relocate, repair,
replace, improve, remove and inspect water/sewer transmission and distribution facilities
and all appurtenances thereto, including but not limited to, fire hydrants, and/or sewage
transmission and collection facilities and all appurtenant equipment, which right,
privilege and easement shall include the right to remove or demolish, as may be
necessary to carry out any right granted herein, with the full right of ingress thereto and
egress therefrom on the express condition that it is used for the express purposes provided
herein.
The GRANTEE shall regulate the installation and future operations of the
FACILITIES so as not to conflict with normal operations of the GRANTOR; however,
the GRANTEE shall have full right to enter upon the EASEMENT at any time when
normal operations or emergency repairs of the FACILITIES are required.
Subject to the limitations of Section 768.28, Florida Statutes, by acceptance of
this instrument, the GRANTEE agrees to indemnify and hold harmless the GRANTOR
from all and against all suits, claims, judgments, and all loss, damage, costs or charges
including attorney's fees and court costs arising directly or indirectly from the installation
or maintenance, repair, use or existence of the GRANTEE'S FACILITIES within the
EASEMENT. The GRANTEE acknowledges its liability for torts to the extent provided
and allowed under Section 768.28, Florida Statutes. This indemnification shall survive any
cancellation of this agreement.
Any contractors utilized by GRANTEE in connection with activities undertaken
in connection with this water/sewer EASEMENT shall: (1) indemnify the GRANTOR
and the GRANTEE for their negligent acts or omissions of the contractor and its
subcontractors in connection with any activities undertaken on the Easement and (2)
obtain and provide to GRANTOR a certificate of insurance in accordance to EXHIBIT
"B" attached hereto.
The GRANTOR shall be given written notice and the opportunity by the
GRANTEE to attend all preconstruction meetings on installation work of the
FACILITIES within the EASEMENT and shall be notified in writing well in advance of
the actual start of construction within the EASEMENT. It is further understood and
agreed by and between the parties hereto that GRANTOR reserves itself, its heirs and
assigns, all other rights not specifically granted herein, including but not limited to the
right to construct streets, cross and recross said EASEMENT, and the right to erect light
or telephone lines or any other improvements which do not hinder the operation of the
FACILITIES by the GRANTEE on an ongoing basis
The GRANTEE shall be held responsible for any damage to adjacent property as
a result of the installation and future operation of the FACILITIES, and further, shall
restore asphalt pavement, concrete sidewalks, curb and gutter, and grass and landscaping
to a condition to be the same or better than the existing condition.
2
The GRANTEE during the course of installation and future operation of the
FACILITIES, shall not encroach beyond the boundaries of the EASEMENT or any other
easement that may be granted by the GRANTOR. Should the EASEMENT be abandoned
or discontinued by law or otherwise, or no longer of use for the purposes provided herein
or if the GRANTEE does not comply with any term, covenant or condition of this
instrument, the said EASEMENT shall cease and revert with the right of immediate
possession and right of entry to the GRANTOR or its successors in interest.
The GRANTOR does hereby affirm that it has full power and authority to grant
this EASEMENT and GRANTEE accepts the property in "as is" condition.
All notices, requests, consents and other communications required or permitted
under this EASEMENT shall be in writing (including telex and telegraphic
communications) and shall be (as elected by the person giving such notice) hand
delivered by messenger or courier service, telecommunicated, or mailed (airmail if
international) by registered or certified mail (postage prepaid), return receipt requested,
or sent by any form of overnight mail, addressed to:
TO GRANTEE:
Miami -Dade County
Director
Department of Water and Sewer
P.O. Box 330316
Miami, Florida 33233-0316
TO GRANTOR:
CITY OF MIAMI
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
3
WITH COPIES TO:
City of Miami
City Attorney
444 SW 2 Avenue, Suite 945
Miami, FL 33130
City of Miami
Director of Real Estate and Asset
Management
444 SW 2 Avenue, Suite 325
Miami, FL 33130
or to such other address as any party may designate by notice complying with the terms
of this paragraph. Each such notice shall be deemed delivered (1) on the date delivered if
by personal delivery; (2) on the date telecommunicated if by telegraph; (3) on the date of
transmission with confirmed receipt if by telex, telefax or other telegraphic method; (4)
on the date upon which the return receipt is signed or delivery is refused or the notice is
designated by the postal authorities as not deliverable, as the case may be, if mailed; and
(5) one day after mailing by any form of overnight mail service.
Any disputes between the parties under this instrument will be resolved in
accordance with the Florida Governmental Conflict Resolution Act, Ch. 164, Fla. Stat., as
amended from time to time.
[Signatures appear on next page]
4
IN WITNESS WHEREOF, the Grantor herein has caused these presents to be
executed in its name on the day and year first above written. Attestation of this
EASEMENT by the City Clerk shall constitute evidence of approval by the City of
Miami.
CITY OF MIAMI, a municipal corporation
of the State of Florida
By:
Daniel J. Alfonso
City Manager
ATTEST:
Todd B. Hannon
City Clerk.
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Victoria Mendez
City Attorney
Ann Marie Sharpe, Risk Management Director
Risk Management Department
5
SHEET 1 OF 3
DESCRIPTION: (WATER EASEMENT)
A PORTION OF "TRACT A", "MUSEUM PARK", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 169, PAGE 27 OF THE
PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
EXHIBIT "A"
CLERK OF COURTS
MO—WASD Project:
Miami Science Museum and Miami Art Museum
ER# DW 2011--042
COMMENCE AT THE NORTHEAST CORNER OF SAID "TRACT A"; THENCE ALONG THE NORTH LINE OF SAID "TRACT A", SOUTH 87'3E1'21"
HEST 306.52 FEET; THENCE SOUTH 65'00'24" WEST 72.50 FEET; THENCE SOUTH 2619'59" EAST 23.67 FEET; THENCE SOUTH
63'40'01" WEST 29,00 FEET; THENCE NORTH 2619'59" WEST 24,24 FEET; THENCE PARALLEL WITH .AND 25.00 FEET SOUTHEASTERLY
OF NORTHWESTERLY LINE OF SAID TRACT "A", SOUTH 64'30'27" WEST 257,75 FEET; THENCE SOUTH 25'01'25" EAST 17.20 FEET;
THENCE SOUTH 64'49'29" WEST 12.00 FEET; THENCE NORTH 2510'51" WEST 17.13 FEET; THENCE PARALLEL W1TH AND 25.00 FEET
SOUTHEASTERLY OF NORTHWESTERLY LINE OF SAID TRACT "A". SOUTH 64'30'27" WEST 261.16 FEET; THENCE SOUTH 2510'31" EAST
33.83 FEET; THENCE SOUTH 64'49'29' WEST 12.00 FEET; THENCE NORTH 2510'31" WEST 33.57 FEET; THENCE PARALLEL WITH AND
25.00 FEET SOUTHEASTERLY OF NORTHWESTERLY LINE OF SAID TRACT "A`, SOUTH 64'3Q'27" WEST 145.65 FEET; THENCE SOUTH
19'39'43" WEST 50.57 FEET; THENCE SOUTH 01'54'19" EAST 17.25 FEET; THENCE NORTH 87'43'17" EAST 31.50 FEET 'TO THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 67'43'17" WEST 3.00 FEET; THENCE SOUTH 02'44'37" EAST 22,00 FEET, THENCE SOUTH
87'43'17" WEST 3.00 FEET;THENCE NORTH 02'44'37" WEST 22.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LING, AND BEING IN THE CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA AND CONTAINING 66 SQUARE FEET
(D.002 ACRES) MORE OR LESS.
NOTES:
1. NOTE OF INTENT: TO ENCOMPASS EXISTING WATCRMAIN.
2. MINIMAL VERTICAL CLEARANCE OF THIS EASEMENT IS 25 FEET.
3. THIS EASEMENT STRIP FORMS CLOSED GEOMETRIC FIGURE.
4. FOLIO NUMBERS: 01-4137-073-0025
SURVEYOR'S NOTES:
1, SUBJECT PROPERTY WAS NOT ABSTRACTED BY
T1tIS FIRM FOR EASEMENTS, RIGHTS —OF —WAY,
RESERVATIONS OR OTHER MATTERS OF RECORD.
2. BEARINGS SHOWN HEREON ARE BASED ON A
PLAT BEARING OF
SOUTH 87'38'21" WEST ALONG THE NORTH LINE
OF "TRACT A" (P.B. 169, PG. 27)
THIS SKETCH DOES NOT
REPRESENT A BOUNDARY SURVEY
SEE SHEETS 2-3 OF 3 FOR SKETCH
SKETCH & DESCRIPTION
SECTION 37 , TOWNSHIP 53 SOUTH ,RANGE 42 E0.8T
LOCATION MAP
NJ$.
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RE VISION S
Gx,
( DRAWN BY- LP
CHECKED BY: MR J
CERTIFIED TO;
MIAM I SCIENCE MUSEUM & U!AMI ART MUSEUM
MILLER���EGG
South Florida OMDe: 6747 N. Andrews Way
Ft Lauderdale, Fbrid6' 33300-2384
054-438-7000 • Fax: 954-436-8684
www.mAk4399.c m
I HEREBY CERT/FY THAT THIS sxrcii MEETS THE
MINIMUM TECHNICAL STANDARDS AS SET FORTH BY
THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS
AND MAPPERS IN CHAPTER 5J-17, FLORIDA
ADMINISTRATIVE CODE PURSUANT TO SECTION
472.027, FLORIDA STATUTES.
DATED THIS 17 DAY OF MARCH , 2017 A.D.
`_rnoldA;: 'Rod._,
MARTIN P. ROSSI
PROFESSIONAI. SURW.YOR AND MAPPER
STATE OF FLORIDA REGISTRATION No.5857
NOT VAUO 1MIHOOT Tiff SRAIATURE AND THHE DRCANAL
RAJ$EU SEAL OF A FLORODA 110ENS£0 SURVEYOR AND MAPPER
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NOTE:
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ABBREVIATIONS:
P.D.C. ; POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
R/W = RIGHT OF WAY
D.B. = DEED BOOK
PG. = PAGE
D.C.R. = DADE COUNTY RECORDS
P.B. = PLAT BOOK
(P) = PLAT
FPL = FLORIDA POWER &
LIGHT COMPANY
GRAPHIC SCALE
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ABBREVIATIONS:
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
R/W = RIGHT OF WAY
D.B. = DEED BOOK
PG. = PAGE
D.C.R. = DADE COUNTY RECORDS
P.B. = PLAT BOOK
(P) = PLAT
FPL - FLORIDA POWER &
LIGHT COMPANY
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1� GRAPHIC SCALE
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NOTE:
SUBJECT PROPERTY WAS NOT ABSTRACTED BY THIS
FIRM FOR EASEMENTS, RIGHTS -OF --WAY, RESERVATIONS
OR OTHER MATTER OF RECORD
( IN FEET )
1 INCH = BO FEET
SEE SHEET 1 OF 3 FOR DESCRIPTION
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