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HomeMy WebLinkAboutDraft Aerial EasementTHIS INSTRUMENT PREPARED BY AND AFTER BEING RECORDED RETURN TO: City of Miami Resilience and Public Works Department 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Attn: Alan M. Dodd, P.E., Director, Resilience and Public Works Department [SPACE ABOVE THIS LINE FOR RECORDING DATA] AERIAL EASEMENT This AERIAL EASEMENT (this "Easement") is made and entered as of this day of 2019 (the "Effective Date"), by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, whose address is 444 SW 2nd Avenue, Miami, Florida 33130, as grantor, ("Grantor"), and MIAMI-DADE COUNTY, a political subdivision of the state of Florida, whose address is 111 NW lst Street, Miami, Florida 33128, as grantee ("Grantee"). RECITALS: WHEREAS, the Miami -Dade County has requested that the City of Miami prepare and expedite the approval of an aerial easement so that the proposed Civil and Probate Courthouse Project (the "Improvements") can proceed with a final RFP scheduled to be issued on May 23, 2019; and WHEREAS, the Grantor has certain legal rights, custodial responsibility and interest in the City right-of-way known as Northwest lst Ave between Northwest 1st Street and West Flagler Street and noted on the Plat of Downtown Government Center — First Addition as recorded in Plat Book 127, Page 16 of the Public Records of Miami -Dade County, Florida (the "Rights -of -Way") which includes the property legally described and as depicted on Exhibit "A" attached hereto and by this reference incorporated herein (the "Burdened Property"); and WHEREAS, Grantee is the owner of fee simple title to that certain real property in Miami - Dade County, Florida, as legally described in Exhibit "B" attached hereto and by this reference incorporated herein (the "Adjacent Parcels") to which this Easement shall be appurtenant, as may be amended by Grantor and Grantee upon completion of the Improvements to reference only that portion of the Adjacent Parcels immediately adjacent to the Burdened Property; and WHEREAS, the Miami -Dade County staff has determined that in order to accomplish the most efficient courtroom to floor ratio on the project site, an aerial easement must be obtained above the public right-of-way alongside Northwest 1st Avenue to allow upper floors to overhang nine (9) feet within the right of way and commencing twenty-three (23) feet above the right of way, legally described and depicted on Exhibit "C" attached hereto and by this reference incorporated herein (the "Aerial Easement"); and WHEREAS, the Grantor desires to grant Grantee an aerial easement for the Burdened Property pursuant to Section 55-14(g) of the City of Miami Code of Ordinances, as amended, for the purposes of, among other things as set forth herein, constructing, maintaining and accessing the Improvements, to allow safe and reasonable use of the public right-of-way adjacent parcels to the proposed Civil and Probate Courthouse, pursuant to the pedestrian connection approvals further defined in Section 5 of this Easement; and WHEREAS, Grantee' s proposed use will not impair the full use of the Rights -of -Way for vehicular or pedestrian traffic, or impede the free flow of traffic on the Rights -of -Way; and WHEREAS, as consideration for receiving access and use rights through the easement, Grantee hereby agrees to maintain and repair any Improvements, indemnify, hold harmless and defend Grantor, and maintain insurance, all as further set forth and agreed to below. NOW, THEREFORE, in consideration of the sum of One Dollar, and other valuable consideration paid and received, the receipt and sufficiency of which are hereby acknowledged, the Grantor and Grantee agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Easement. Grantor hereby grants, dedicates and establishes a perpetual, exclusive aerial easement, subject to the terms and conditions set forth herein, in favor of Grantee, its contractors, subcontractors, agents, employees, licensees, successors and assigns on, over, and upon the Burdened Property for the purposes of constructing, maintaining, operating, restoring and repairing the Improvements and for ingress, egress and access on, in, over, under, and through the Burdened Property and the Improvements for the purpose of performing such construction, operations, restoration, installation, maintenance, use and repair of the Improvements and for the uses allowed pursuant to the County and City Codes and Ordinances (the "Easement"). Grantor retains all rights with respect to traffic flow and regulation in the Rights -of -Way. 3. Term. The Term shall be perpetual subject to the termination provisions set forth in Section 4 below. The Easement shall commence upon the Effective Date and be a perpetual easement, unless terminated by the parties or terminated pursuant to Section 4 herein. 4. Termination. Following the completion of the construction of the Improvements, which Improvements are anticipated to be completed within four (4) years of the grant of this Easement, should the use of the entire Easement be abandoned or cease for three (3) consecutive years then Grantor shall have the right to send the Grantee a written notice of default. If Grantee shall fail to cure said default within one (1) year thereafter then, upon written notice of termination by the Grantor, all rights hereby granted to Grantee shall terminate and Grantee shall forthwith, at its own cost and expense and in a manner reasonably satisfactory to the Grantor, remove all Improvements with respect to such abandoned portion of the Easement and restore such Burdened Property to the condition previously found as of the date hereof or as otherwise approved by Grantor. In the event that Grantee fails or refuses to so remove such Improvements, after such written notice, then the Grantor may, at its option, remove or cause to be removed such Improvements and restore the affected portion of the Burdened Property to the condition previously found as of the date hereof, and Grantee will, in such event, upon bill rendered, pay to the Grantor all costs incurred by it in such removal and restoration. 5. Use. No use or improvements, other than the Improvements and those otherwise expressly allowed as specifically set forth herein, will be permitted without the express written consent of Grantor. In no event shall Grantee's use of the Easement unreasonably interfere with the Grantor's operation and use of the Rights -of -Way, or impair or impede vehicular or pedestrian traffic on the Right -of -Way in any manner, unless prior arrangements have been made in writing between the parties which agreement may be withheld or granted in Grantor's sole discretion. The Easement shall not be used in any manner to adversely affect the use, safety, appearance, or enjoyment of the Rights -of -Way. At all times, excepting emergencies or temporary closures for repairs, connectivity for pedestrians traveling between the Adjacent Parcels must be provided. Throughout the term of this Easement, Grantee shall be jointly and severally liable to the Grantor for the maintenance and other obligations set forth herein, and Grantee and its successors and assigns will not alienate the Easement or otherwise interfere with the connectivity between the Adjacent Parcels. The Improvements shall be owned by Grantee, subject to the terms set forth herein. 6. Obligations. (a) Taxes. Grantee, as a political subdivision of the State of Florid and county, is immune from taxation under Florida law. If Grantee ever conveys fee simple ownership of the Adjacent Parcels and all of its interest in this Easement to any other entity, then such other entity: (i) shall be responsible for all state, county, city, and local taxes, assessments, fees, charges, levies and other governmental impositions that may be assessed against the Easement area during the remaining term of this Easement, including the airspace and Improvements, and including real property taxes, impact fees, and special assessments, if any; (ii) acknowledges that for purposes of taxation, any portion of the Improvements located in the Easement area utilized for retail, restaurant, or commercial activity shall be taxable in the same manner as a non-exempt leasehold interest, and shall not be exempt from taxation under Florida Statute Section 196.199 or other applicable law, notwithstanding the City' s interest in the Easement area; and (iii) that any Improvements located in the Easement area constructed to be utilized for retail, restaurant, or commercial activity may be subject to payment of Impact Fees, if applicable, pursuant to Chapter 13 of the City of Miami Code. (b) Repairs and Damage. Grantee shall pay for any and all repairs or damage to the Rights -of -Way or the Burdened Property as a result of the use of the Easement. The Grantor shall not be responsible for any cost, claim, or lien resulting from the use of the Easement. (c) Hazardous Materials. Grantee is responsible for any hazardous materials found in the Easement in violation of applicable laws and regulations, except to the extent any such hazardous materials are caused by the Grantor. In the event that such hazardous materials are found in violation of applicable law, the burden of proving that such hazardous materials are caused by the Grantor shall be upon the Grantee. Grantor reserves the right to test the Easement area at its own expense for hazardous materials at any time, upon written notice. The term "hazardous materials" shall mean any hazardous or toxic substances, material, waste, solid waste, or debris of any kind as defined by the Environmental Protection Agency and any federal, state, or local laws. Grantee shall, at Grantee' s sole cost and expense, promptly and diligently complete any and all audits, assessments, clean-ups, and monitoring of the Easement area required by provisions of this section. This section survives the termination of this Easement. (d) Maintenance. Except as specifically set forth otherwise in this Easement, Grantee shall be responsible to maintain, repair, and replace the Improvements in accordance with the Florida Building Code, and other applicable laws and regulations, and to maintain and keep in a clean and safe condition the Easement area, including but not limited to a condition free of dirt, rubbish, graffiti, debris, abandoned vehicles, loose building materials, loose surface finishes, and obstructions. Such maintenance will be accomplished in a manner so as not to cause any interference with the operation of the roadway and transportation use of the Rights -of -Way and the free flow of pedestrian and vehicular traffic thereon, unless prior arrangements have been made in writing between the parties, which agreement may be granted or withheld by Grantor acting reasonably. Any repair shall be at least similar or equal in quality and class to the original work. The Grantor has the right, but not the obligation, to enter the Easement area to inspect the condition of same. In the event that Grantee fails to so maintain or repair the Improvements, the Grantor shall provide notice of such failure to Grantee, and if Grantee fails to cure such maintenance or repair issue within a reasonable period of time (such time frame not to exceed three hundred sixty-five (365) days from the date of loss, damage, or destruction), then the Grantor, through its duly authorized representatives, employees, and contractors, has the right but not the obligation to perform such work, and the cost thereof shall be chargeable to Grantee. . (e) Security. Grantee is solely responsible for the personal safety of its employees, invitees, or any other person entering the Easement area, as well as any equipment or personalty installed or brought into the Easement area. The Grantor assumes no responsibility for the safety of such persons, equipment or personalty. (f) Utilities. All costs relating to utilities shall be borne by and shall be the sole responsibility of Grantee. To the extent that the Grantee has outstanding obligations under this Section 6 which accrued prior to the termination of this Easement, the provisions of Section 6, as applicable, survive the termination of this Easement. 7. Consideration. As provided for in Section 55-14(f) of the City of Miami Code of Ordinances, as amended, no user fee is required in connection with this Easement as Grantee is a governmental agency. 8. Signage. Grantee may install signage on the Burdened Property subject to approval by the Planning and Zoning and Public Works Department (or its equivalent department or body with jurisdiction over signage at the time of request) if such signage conforms to the requirements, restrictions, and prohibitions of the Sign Code of Miami -Dade County. 9. Indemnification. Subject to Florida Statutes Section 768.28, Grantee shall indemnify and hold harmless and defend the Grantor and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the Grantor or its officers, employees, agents or instrumentalities may incur as a result of claims, actions, debts, remedies, demands, suits, causes of actions or proceedings of any kind or nature to the extent arising out of or resulting from the use and operation of this Easement by Grantee or its employees, agents, servants, partners principals or subcontractors, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the Grantor, where applicable, including appellate proceedings, and shall pay all reasonable costs, judgments, and attorney' s fees which may issue thereon. It is understood that Grantor assumes no responsibility for the personal safety of any persons, equipment, or personal property brought into or installed upon the Easement area, including any loss, theft, damage, or injury. Grantee shall promptly notify the Grantor of any loss, damage, injury or death arising out of or in connection with the Easement or occurring on the Easement area. This obligation survives the termination of this Easement. Insurance. Grantee is self -insured in accordance and subject to the limitations and provisions as set forth in Section 768.28 of the Florida Statutes. If Grantee ever conveys fee simple ownership of the Adjacent Parcels and all of its interest in this Easement to any other entity, then such other entity: (a) shall, at its expense, maintain at all times during the term of this Easement, and said other entity shall furnish to the Grantor, Certificate(s) of Insurance which indicate that insurance coverage has been obtained in accordance with the requirements of the City's Department of Risk Management and (b) shall understand and agree that compliance with the foregoing requirements shall not relieve any such other of liability and obligation under this Section or under any other Section of this Easement. The Certificate Holder shall read as: CITY OF MIAMI ATTN: RISK MANAGER 444 SW 2 AVENUE 9TH FLOOR MIAMI, FL 33130-1910; and 11. Grantee' s Right to Transfer. The Easement granted herein may only be conveyed as an easement appurtenant to the Adjacent Parcels and shall not be subdivided or sold separately from the Adjacent Parcels without the prior consent of the Grantor. Any sale, assignment or transfer of Grantee's interest in this Easement shall be made expressly subject to the terms, covenants and conditions of this Easement and such transferee shall expressly assume all of the obligations of Grantee under this Easement, and agree to be subject to all conditions and restrictions to which Grantee is subject. In the event of a transfer of Grantee's interests in this Easement, or any part thereof, Grantee shall deliver written notice to Grantor of such transfer, together with a copy of the transfer agreement (if applicable). Upon the transfer by Grantee, Grantee shall be released from future obligations which may occur during the unexpired term of this Easement. However, nothing in this Easement shall abrogate Grantee's obligation to pay any sums due to the Grantor which accrued prior to the effective date of such transfer, or obligations or liabilities occurring prior to the date of transfer, and the Grantor shall always have the right to enforce collection of such sums due and to enforce obligations from Grantee which accrued prior to the transfer and in accordance with the terms of this Easement unless written consent is obtained from the Grantor. 12. Representations and Warranties. Grantee hereby represents and warrants to the Grantor that it has full power and authority to enter into this Easement and perform in accordance with its terms and provisions and that the parties signing this Easement on behalf of Grantee have the authority to bind Grantee and to enter into this transaction and Grantee has taken all requisite action and steps to legally authorize it to execute, deliver and perform pursuant to this Easement. Grantor neither warrants title to the property conveyed herein nor guarantees the suitability of any of the lands for a particular use. 13. Binding Effect. All terms and provisions of this Easement are binding upon the parties hereto and their respective successors and assigns. Further, all terms and provisions of this Easement and all rights, privileges, benefits and burdens created hereunder are covenants running with the lands described herein, binding upon and inuring to the benefit of the parties hereto, their respective heirs, successors, successors -in -title, legal representatives and assigns. 14. Construction of Easement. Each party hereto hereby acknowledges that all parties hereto participated equally in the drafting of this Easement and that, accordingly, no court construing this Easement shall construe it more stringently against one party than the other. 15. Governing Law/Venue. This Easement shall be governed by and construed under the laws of the State of Florida. Venue for any action arising out of this Easement shall be Miami -Dade County, Florida. If Grantor must bring any action to enforce the terms of this Easement or the Covenant it shall be entitled to recover its reasonable attorney's fees and costs, otherwise each party shall bear its own attorney' s fees. 16. Notices. Any notices which may be permitted or required hereunder shall be in writing and shall be deemed to have been duly given as of the date and time the same are received at the addressee' s address set forth below, whether same are personally delivered, mailed by United States Postal Service, postage prepaid by registered or certified mail, return receipt requested, delivered by Federal Express or other overnight delivery service from which a receipt may be obtained, and addressed as follows: To Grantor: With copies to: To Grantee: With a copy to: City of Miami, a municipal corporation of the State of Florida 444 SW 2 Avenue, 8th Floor Miami, Florida 33130 Fax: (305) 416-1278 Attn: Alan M. Dodd, P.E., Director, Resilience and Public Works Department Victoria Mendez, City Attorney 444 SW 2 Avenue, 9th Floor Miami, Florida 33130 Miami -Dade County 111 NW 1 Street, 21 st Floor Miami, FL 33128 Email: tara.smith2@miamidade.gov Attn: Tara C. Smith, Director, Internal Services Department Miami -Dade County Attorney 111 NW 1 Street, 28th Floor Miami, FL 33128 or to such other address as either party hereto shall from time to time designate to the other party by notice in writing as herein provided. Should the Easement be sold or transferred, on the date of the closing, Grantee shall identify the party and address to whom such notice shall be provided in the future, and shall record same in the public records. 17. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver of the breach of any provision of this Easement shall be construed as a waiver of any preceding or succeeding breach of the same or any other provision of this Easement. 18. Successors and Assigns. This Easement runs with the land and shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns. 19. Recording. This Easement shall be recorded in the Public Records of Miami -Dade County, Florida, at the sole cost of Grantee. A copy of the recorded instrument shall be provided to the Director of Public Works of the City of Miami within thirty (30) days of recording. 20. Amendments; Termination. Subject to the other provisions hereof, this Easement may not be amended, modified or terminated except by written agreement of all of the then custodial or fee owners of the Burdened Property and all of the then fee owners of the Adjacent Parcels, and the holders of any mortgages of record encumbering same. Further, no modification or amendment shall be effective unless in writing, duly executed, acknowledged and recorded in the Public Records of Miami -Dade County, Florida. In addition, the failure or delay of any party at any time to require performance by another party of any provision of this agreement, even if known, shall not affect the rights of such party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this Easement should not be construed as a waiver of the provision itself, or a waiver of any right, power or remedy under this Easement. No notice to or demand on any party in any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. 21. Consents. Whenever in this Easement the consent or approval of the Grantor is required, such consent or approval, shall be made (so long as the Grantor is the City of Miami) by the City Manager or its designee on behalf of the Grantor and: (a) shall not be effective unless it is in writing; and (b) shall apply only to the specific act or transaction so approved or consented to and shall not relieve the Grantee of the obligation of obtaining the Grantor's prior written consent or approval to any future similar act or transaction. 22. Grantor's Rights as Sovereign. It is expressly understood that, notwithstanding any provision of this Easement and Grantor's sovereign status hereunder (if applicable): (a) the Grantor retains all of its sovereign prerogatives and rights as a city under Florida laws and shall not be estopped from withholding or refusing to issue any approvals of and applications for building, zoning, planning or development under present or future laws and regulations of whatever nature applicable to the design, construction and development of the improvements provided for herein, and (b) the Grantor is not obligated to grant any applications for building, zoning, planning or development under present or future laws and regulations of whatever nature. 23. Severability. If any provision of this Easement or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Easement and the application of such provision to other persons or circumstances shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law. [Remainder of Page Intentionally Left Blank] IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed in its name by the City Manager; as authorized by the City of Miami Commission, and the Grantee has caused this Easement to be executed by its duly authorized representative all as of the Effective Date. CITY OF MIAMI, a Municipal corporation of the State of Florida GRANTOR ATTEST: CITY OF MIAMI By: By: Todd B. Hannon City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Victoria Mendez City Attorney Emilio T. Gonzalez, Ph.D. City Manager The foregoing was accepted and approved on the day of , 201, by Resolution No. of the City Commission of the City of Miami, Florida, a municipal corporation of the State of Florida. ATTEST: By: Todd B. Hannon City Clerk [Signatures continue on next page] GRANTEE ATTEST: MIAMI-DADE COUNTY By: By: Clerk County Mayor or Designee Date: Approved as to form and legal sufficiency: Assistant County Attorney The foregoing was accepted and approved on the day of , 2019, by Resolution No. of the Board of County Commissioners of Miami -Dade County, Florida. EXHIBIT A ADJACENT PARCELS DOWNTOWN GOVERNMENT CENTER -FIRST ADDITION, according to the plat thereof, record in Plat Book 127, Page 16, of the Public Records of Miami -Dade County, Florida. DOWNTOWN GOVERNMENT CENTER- FIRST ADDITION A RESUBDIVISION OF BLOCK 114 NORTH OF A.L. KNOWLTON'S MAP OF MIAMI (P.B,°B" PG.41) AND OTHER LANDS LYING IN SECTION 37, TOWNSHIP 54 SOUTH, RANGE 41 EAST. CITY OF MIAMI, DADE COUNTY, FLORIDA. LOCATION MAP GALE: !'.SOD' KNOW ALL MEN BY THESE PRESENTS ' HAT NETREETTE DADE '04(50. 1R ACCOIDNKE •" SSI0ERS ADOPTED ON 201A R( - (4DSED TO RE RARE 1 A I.C1CJ F.A O FaT . "E . .N uH Lk 11HG1 A.c I1 TM: A RSL8DINISION Of NOSE I/4 1D21N OF... • .GRITS RAP OF R1AI, ACCORDING TO T( PLAT THEREOF RECORDED IN PLAT BOON ' :. :.,F 41 OF THE PUBLIC KONTOS OF DARE COWrv, FLDRI13. AND DOER UFOS LYIG, IN SECt10N 37. 15N5NIP SR SEOTH, RANGE 41 EAST, CITY OF NIE1, DADE COLYRY, FONDA, BEING LURE PARTICL 01Y RESUMED AS FOLLE: LEGAL DESCRIPTION OF LAND SUBJECT TO PLATTIM9 .:4 XORrF. AID TNl 50 P401 HIDE 1ANERAN TA1E lfs[wIN1#:( AYERuE F ANN NARA aT N.N. FIRS, AVENUE ESTI LYING RETELR 11E SOLON RUE OF SOX ROINNM EXTENDED Cf ELEVOIM STNEUT MN EONS AS TEN, FIRST STREET! APO THE FDRTH RIMS OF RAY LIFE EXTIT4ED OF 2IEEFTH STEER 1RN MET AS TEST FLAMER STREET/. AND THAT PART OF THE ME- N"OED 110M FOOT RIDE R165O OF RAY OF TIE FLORIDA EASE COAST REAM CREME, AEIAO BENEEE TIE NOTE RLONT OF NAY DOLMAN. EXTENDED OF 010501.N STREET EON GORE AS N.N. Fiat STREET! AND 11E SCUM R16NE OF NAY INNEM 7 ER1cNA0 GF TEL. STRUT 0. Awn AS NEST FLAOLFR STREET,. ALL OF T( FEEDING IN A.L. 4q.L1001'S RAP OF N:,011, ME COWRY, FLORIDA. ACCORDING TO TE PUT THEREOF RECOACED IN PLAT BOOK 'B- AT PAU 41 OF THE PUBLIC RECORDS O WE DUET, FIARILIA, Urn VIDE PANT10ELANLY DE5CR19E0 A5 FOURS. BEGIN AT TIE I'OR56(01 MATER M BLOCK 114 NGNTH, OF A.L. NOVLIMI.3 RP OF NIM1, ACCORDING TO D( PUT TNEREM REC0PLED IN PLAT IF0OO •B' AT PARE At OF I( ROUE ERNES OF DE E Cowry. FLORIDA. THANE RINI URIN R7'42']9T EAST ALONG NE TEETH BOWARY OF SAID EAOCK 114 NORTH FOR A D15TAN,E OP 520.09 FEET 1O A POINT OF DEFLECTION, TENM RW ERNA B7'YD'S0' EAST, CONTINUE AL0N5 SAID NORM BMW. Of SAID DUX, 114 TOTH AID ITS EASTERLY KM.. FOR A DISTANCE OF 200.06 FEET 10 A POINT DE DEFLECTION, TEN5F RUIN R[4TH R7.1114A' EAST FORA DISTANCE OF RIM FEET TO A POINT OF INTERSECTION ETA TEE USUAL". RI4NI-0E-NAY LIE OF THE RORID4 EAST GEST UTLIEEY CCMPMY, IEEE ROE NORTH 02116'22A ZEST AEONS T( !AST DESCRIBED LIRE FOR A DISTANCE OF S0,0D FEET TO TE POW OF INIERSECTIMI NITN THE NOUN REIGN-M-NAY BOUENAY OF NMTINEST FIRST STREET, TEN. RAN NET' 87144'N7' EAST ALONG THE UST MEIN. LINE RR A 018TANCE 05 100.11 FEET TO 1( POINT OF INTERSECTION RITE RE NDRTEREY PR.ECII4N CF TE TEST RI1NT.OF-NAY LINE M TORT/NEST FIRST AY{NSE EAST, THENCE NE sour. 01116'20' EAST AIM% TIE NEST RIONT-OF-ARM LIE M EARNEST FIRST AVENUE EAST 7m ITS NATNERIY AND SONERIE PROJECTIONS FMI A DISTANCE OF 410.10 FEET TO THE POINT OF INTERSECTION EN THE SONG R(NO.OF•NAY LIKE M NEST fUOLER STREET: TERM RE SJRRN 117'43'LS' NEST ALOE THE LAST DESCRIBED LINE FOR A DISTANCE CA 100.1S FEET TO TIE POINT OF INTERSECTION VIT) 1E ASTERN( RIGHT 07 NAY LINE Cf THE FAMILA EAST COAST RAIWAY PIPANY; 'FENCE YEN. NORTH 02'16.22' EST ALOE THE EAST DESCRIBED LINE f0R A DISTANCE O 7D.00 FEET TO F( POINT OF 1MTERSEC0IOO 1411H TEE NOTE RICATTAf-'NAY LIE C EST FUATER STREET, OUNCE RIDE SOLOS 2214215' NEST ALONG T( LEST DESCRIBED LIKE FORA DISSNEE CF S0,01 FELT 10 A POINT Cf DEFLECTIVE 'FENCE RUI SDNrx B7'42.52' EST ALOIIG THE NORTH RIGAN-E. NY ASK M EST FIXER STREET, NENE ALSO ALONG THE SVEN 00400NI LINE OF SAND BLOCK 11A NATN 4E0 ITS EASTERLY FR0JECTTOO FOR A 0151ANCE OF 920.17 FEET TO Of 501RWE0T MEIER CO SAID. BLOCK LIR 40]4THH TIENOE RUI NORTH 02116'021 NEST ME RE EST FOU&AXF LITE DE SAID BNC% 114 NORTH FOR A DISTANCE Of 290,00 FEET TO THE NDITIAIEST COMER THEREOF NC THE POINT Of BEGINNING. e R . CO sea EKUC r•w B15CAYNE ENGINEERING COMPANY INC. EN/PEEING PEA..S0070(7 RS E IANI-FT LAUDERDALE-WEST PALM BEACH. STUART JOB N. 59850 JAMOART y 1143 14 ME� CENTER lg., 1. F. E. C B3) IF RAILWAY W - �efl IYRTai NYt No' E o TRACT 8 DOWNTOWN GOVERNMENT (P B. 1(7 - PG. N.r-aY7s s _L09Sr E1�^ll * N. W -isf. n ^ [R 1 ! ro P 11011.'3f'E #0.SIT M IR'10'SD'8 acaul N aN HRN 'IS to TRACT C C 4.321 AL 14 = Ig pbI'4i'iY8 kEE i C1 It i .;Aif0}-I. "it I11OSs11 "R 1,, ape FLAGLER BLOCK 137 N A. L. KNOWLTON'S MAP OF MIAMI (PB El- PG41) ST i WE T ERE ---1.- -9 t0NHEN E. d���RR'rr, I- V: DETAIL "A" t5H3t4S >.R105:. OF THE PLAT; (AI TO CL05E. KNEE AND DISCOETNIE FROE MAIL WA THAI PART 0f tE 50 Fool EMT OF NAY OF RA, FIRST 0450E NEST, LYING ET. THE SWEARIES Of SAID PLAT. (AI TO DEDICATE TOTAL SEVERE USE OF T( PUBLIC FOR MOPER PURPOSES 11005 IORTIOE OF IDNIINCST FIRST STREET NO NEST FU0LLE STREET LYING NITON THE UNITS OF SAID PUT, i06i1AEN NIT/ TUE EXIERRAI WAS AS 110110, iN C0NORN1IY NITN TN E173 f NIANI ANNIE Es TO REPEAT ENE REMAINING (ANUS INTO TRACT C A5 INOICATEO. DADE COUNTY PLAT RESTRICTIONS: -HET NE SLREFT0 MD A'EN.ES A5 SRW Gn 11C AlIALIN,j PL41 T00FT R N11H ALL C XIS1140 MD TWINE 7:_E5.P5AN141•4 Ap ENR0ME5T 41O PINE NTONANTS TIEREON, ARE DEDICATED TO THE PERPET.. NNE OF THE PUBLIC F011 MOPING POR0RE3, NESENNINO TO THE DEMC4TO11N, Tim100100CESSONSOR 04S0NI,1HE REVERRIDN OR REV0OP31411 TNEPEOR, WHENEVER 0EK0HYI1NE0 eV TAW. 11411 SE USE 01 SEPTIC INNS ERA 10T BE PERNITT00 IRE TNIS SLED1V15ION, :RLESS ERRED FOR EDPORA. EL IN ACCO0Mfi NLTN Mu. AND STATE REDAAT10N5. TNY1 NS IND0Y161NL TELLS Hill BE RRNITTED IN THIS SLBDIN1S10N, EXCEPT FOR !RR10A110N, AIR OORE0(ONINS ARAM SEEING POOLS. THAT ALL ELECTRIC AV CMNL1ICATIOT LINES. OTHER THEN IPRFS ISSFMI LINES, SHALL BE INSTALLED C16EREOVO. THAT THE 63 FOOT NICE STRIP OF LAIC Se* HRRECN IS HERESY RESL7VED AS AN EAU.. 401 (TRORk I TAN DADE WET, IE1AOR41L EIGHT M NAY AND THE MS5ALLATIOA AGID R1INTERWI OF PATRIC UTILITIES. SURVEYOR'S NOTES: MARIUS SNOW EREON M BASE) ON TE STATE PLANE COMOIRA1E SYSIER 1TRAN0YERSE NER0EOR1 FLORID, EAST 20E, ET IOW 6EIIET(C SONNET, 197A ADAMTENI. P.R,N. t DENOTES KNUEIE N REFERENCE TWEET (SEE N0TE1 b- IRICMES CITY REAM A. TERNANEN: CUXNTNDL POISE • T- - MIMIC CITY RNUIERI LIK ALL PRM'S ARE SET ON 4 2FT OFFSET AN0 ARE PN NAILS AND PRN. DISCS SET IN CONE SIDEWALK IN WITNESS WHEREOF, [ RA• , OF RESOLUTION \. Ne- /f1i 't O. 1970 F.D0. • 5F4 i;1DRRN Yrt�'! S1AT1 OF JFCD 11i. -� BY 11i R710 SA. ATEL51 .tGIE4K OF (MOAT GNAT DENIM CLEAR ACKNOWLEDOEYENT: STATE OF FWRIDA11 REFE6'F CERTI(; 1NRT MI 1N15 DA0 PERSdW1Y A4REAREp COINYTY OF DADS BEFOG HE, ,NI Q il[ER AIRY AMIOR[#D TO IRISFER 0A'- M0 (N0 ACNOP(BYSNFRIS. ' __FAVOR NL IN1ToTIE VE:1 NRDW 10 RE TIE A _ YDR NO DEPUTY CLERE OF ED THE Ob CA COED INSSISSISERSD AHD N UTOIR 10 Si S0 BE 1E UNSEAT EXi-. NIK) REEDITED TIE SKRGOFFI INS5RIAET AND 4b CVLEMD i0 RE. THAT TESEXEC..ACT THE SATE A5 SING D BOARD AFTER OT C A00RR12E➢ AR DI REREO AS 14 171E ACT AA DFFD pF 1k 5A10 BOARD "g COURTS C5w15SI5EIS OF ME MEET, FL041CA, THIS 0*1 OF A.O. 19A984 ``AAtA T R END AND OFFICIAL SEAL THIS trig Er OF _ 1116. PART A.D. 1%3 NY CERT551 T ERPIRES: 1%1<OGT _ "rItitiVPLEL l• APPROVALS: TIRE IS TO CERTFT TICS TM PLAT WEANS TO 507 540E TO ALL NEOuVEAENTS OF (0*010R 51 CF TOE CITY OF ARAM 00CE AND OWNER 20 (5 TIE C(DE OF KETNOw01I1AN OA1E COUNTS 501055(0 TH0_2-LW OF FCBRLIA EYEAD F93S. GTI o'1 0. 4J .-_ C WORKADCTOR sus AI NAS 014501.FOREEO C0 APE IN M1 57(CA5I5IS r(': .PROW(, Er RESOLE los n0. A$21.. PASSED AR ADOPTED 00 ir. . '.ISSICM Of ITT CITY !. DADE COU11Y, FLORIDA, THIS tD DAY OF h7,l4Ooi A.O. IVS Ai3i CITY INIS IS F0 CERTIFY PE r(15 PA.AT APPEMS E9 CMIFOPU TO AD REOUIP01E111s A- (WMFR 21. O NE EWE CWN(T CCU. CERTIFIES THIS _7 DAY OF „kg, A.D. 1969 M-- 1 -V DIRECTOR, CAPE CO. PIffiIC XORLS OEPi. FILED FOR RECORD TNIS ...,r.- OAT OF _ A.D. ANL AI 4:12 PR IRE E0014 Iv AT PACE ._IL.. DT wee IC RECORDS CS DADE MATS. FLMLI M. THIS RAT EMPTIES NEYN TIE LAMS 0' THE STATE Of Fl0Rl0A NO Y1PORLITM DAME COUNTY. FLORID,. AIt4WO F. PUMA FAUN Cr T( [TRW EMI BY cs. -- SURVEYOR'S CERTIFICATE: of N:AL11T 1!0(1IY: (al (4 z(TAlEO PLAT M OCTET NN 0ATNERIREIN CENTER FIRST ADDUCE 1S A TRU MD COATED. REP 00(050T EMI OF TE Um HEREIN CE5CRI(0 0.c RECENCY SURVEYED T. PL.f('CO AAUP CIA 71E1E1 SO+FRYIS=CN. ALSO 1xa1 1( PEwNEIN REFERENCE h::4005('. NEE BEEN 4T N 4r'rmwN(E urns PART T. EMPTIER in. LANS Cr TIE STATE OF FLORA, E.;SLRrw EN41 YEA 1n: :1TMY. FTC. Aur 4. 41 u W FETE BL 6. 0,5XEG. NICE-PRES, PRD5E5810N114 03141.1WE0OR f17ra PRMCSSIONA1' ENGINEER A11597 STATE Y PURIOA „V„ I I d I HX1 EXHIBIT B — LEGAL DESCRIPTION OF BURDENED PROPERTY Tract C of Downtown Government Center - First Addition, according to the plat thereof as recorded in Plat Book 127, at Page 16 of the public records of Miami -Dade County, Florida. EXHIBIT C DESCRIPTION OF AERIAL EASEMENT EXHIBIT "C" NEW CIVIL AND PROBATE COURTHOUSE LEGAL DESCRIPTION (AERIAL EASEMENT) An aerial easement within that airspace controlled by vertical lines between 23.23 feet and 508.23 feet above grade relative to the National Geodetic Vertical Datum of 1929 (NGVD29) as established by the United States National Geodetic Survey, and which is encompassed within the following horizontal perimetrical boundary: A portion of NW First Avenue between NW First Street and West Flagler Street, abutting the Easterly boundary of Tract C of DOWNTOWN GOVERNMENT CENTER -FIRST ADDITION, according to the plat thereof as recorded in Plat Book 127 at Page 16 of the Public Records of Miami -Dade County, Florida, lying within Section 37, Township 54 South, Range 41 East, of Miami -Dade County, Florida, and being more particularly described as follows: COMMENCE at the intersection of the center lines for NW First Avenue and NW First Street; thence run South 87°44'36" West, along said centerline for NW First Street, for a distance of 49.98 feet; thence run South 02° 15'24" East, departing said centerline at right angles, for a distance of 25.00 feet, to a point on the Southerly Right of Way line of said NW First Street, and the Northeasterly comer of said Tract C, said point also being the POINT OF BEGINNING of the herein described parcel of land; thence run North 87°44'36" East, along the prolongation of said Southerly Right of Way line of NW First Street, for a distance of 33.99 feet; thence run South 02°16'31" East, along a line that is parallel with and 9.00 feet East of the Westerly Right of Way line of NW First Avenue, for a distance of 290.10 feet, to a point on the Easterly prolongation of Northerly Right of Way line of West Flagler Street; thence run South 87°43'04" West, for a distance of 34.00 feet, to a point on the Northerly Right of Way line of said West Flagler Street, said point also being the Southeasterly corner of said Tract C, and the point of curvature of a circular curve concave to the Northwest; thence along the arc of said curve to the left, having a radius of 25.00 feet, through a central angle of 89°59'35", for an arc distance of 39.27 feet, to the point of tangency with the Easterly boundary of said Tract C, and the Westerly Right of Way line of NW First Avenue; thence run North 02°16'31" West, along said Easterly boundary line of Tract C, and Westerly Right of Way line, for a distance of 240.11 feet, to the point of curvature of a circular curve concave to Southwest; thence along the arc of said curve to the left, having a radius of 25.00 feet, through a central angle of 89°58'53", for an arc distance of 39.26 feet, to the point of tangency with the previously mentioned Southerly Right of Way line of NW First Street, said point also being the POINT OF BEGINNING. Containing 2,879 square -feet or 0.066 acres more or less. NW 1S1 SI z W MdrR ST 1 SW 1ST ST LOCATION (NOT TO SCALE) NOTES: AERIAL EASEMENT Bearings are based on the Boundary and Topographic Survey performed by Miami -Dade County's Department of Transportation and Public Works Survey Section, for the New Civil and Probate Courthouse, Project Number 20180263, dated 12/12/2018, with Bearings based on the City of Miami Monument line for NW First Avenue between West Flagler Street and NW First Street having a bearing of S2° 16'31"E. The angles resulting from this basis are congruent with the referenced local Plat Book 127 Pg. 16. Elevations hereon are based on the same above mentioned Boundary and Topographic Survey, with said Survey referring to the National Geodetic Vertical Datum of 1929(NGVD), and citing Miami -Dade County Benchmark "Miami Reset", elevation 8.04 feet. Since the elevations along the existing horizontal limits of this aerial easement varied, the highest elevation (8.23 feet) within this area was obtained from the said Topographic Survey and was used as the starting point to add the required vertical limits of 15' to 500' from existing grade elevation. Not valid without the signature and original raised seal of the attesting Professional Surveyor and Mapper. Additions and/or deletions to this instrument by any other than the signing party are prohibited without the written consent of the signing party. By: Luis F. Laca9u Jr., P.L.S. Professional T,and Surveyor Na. 4643 State of Florida Miami-Dryiie County department of Transportation and Public Works Right -of -Way Division, Engineering Section 111 NW 1 Street, Suite 1610 Miami, Florida 33128-1970 THIS SKETCH IS A GRAPHIC REPRESENTATION OF THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED AND WITHOUT WHICH THIS SKETCH IS TO BE CONSIDERED VOID AND INCOMPLETE. MIAMI-DADS VTPW MIAMI-DADE I♦AM1 THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS RIGHT OF WAY DIVISION/ENGINEERING SECTION AERIAL EASEMENT NEW CIVIL —PROBATE COURTHOUSE SCALE: N/A IDATE:04-17-19 DRAWN BY: L. Espinosa CHECKED BY: 0. Suarez PROJECT: 20180263 ISHEET:1 of 3 SEC 37 TWP 54 S RGE 41 E z- LEGEND AERIAL EASEMENT LINE CENTER LINE - - MONUMENT LINE EASEMENT LINE RIGHT-OF-WAY EDGE OF PAVEMENT LINE AERIAL EASEMENT AREA R/W RIGHT OF WAY fL CENTERLINE I MONUMENT LINE (POC) POINT OF COMMENCEMENT (POB) POINT OF BEGINNING (P) PLAT DIMENSION (C) CALCULATED DIMENSION (R) RADIUS (L) LENGTH (C) DELTA (PC) POINT OF CURVATURE P.B. PLAT BOOK PC. PAGE 30.00' ml� x � 0 v N r 4. m v Southeosterly Corner Tract "C" A=39.27' R=25.00' A=89'59'35" EXHIBIT "C" NEW CIVIL AND PROBATE COURTHOUSE DOWNTOWN GOVERNMENT CENTER FIRST ADDITION — — TRACT P.B. 127 PG. 16 63' EASEMENT FOR METRORAIL R/W AND PUBLIC UTILITIES COURTHOUSE SITE DOWNTOWN GOVERNMENT CENTER FIRST ADDITION POB TRACT "C" Northeasterly P.B. 127 PG. 16 Corner Tract "C" A=39.26' R=25.00' EASTERLY BOUNDARY OF TRACT "C" 6=89•58'53" NO2'16'20"W (P) EXISTING R/W LINE NOT16'31"W 240.11' N, S02'16'31"E 290.10 0 — 1 1 — N_02'16'31'TN PI NETI '20 WW l — 350.10' NW FIRST AVENUE EXISTING R/W LINE- _ MAP OF MIAMI, DADE CO. FLA. PORTIONS OF BLOCKS 115A AND 115N P.B. B, PG. 41 IN"bLnc' IN Z J 0 A I'� 2L5.00' i 50'"E i� 2 .0021524' I I Z I I � tOW ------ _ - - m 'LC,10 A °D c_'I co 5' GGT r m T1 iciu 7.1 z 0 O c 13 m P Z1 � Y co O z THIS SKETCH IS A GRAPHIC REPRESENTATION OF THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED AND WITHOUT WHICH THIS SKETCH IS TO BE CONSIDERED VOID AND INCOMPLETE. MIAMI-DADE MtrNeW WWII -DADS THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS RIGHT OF WAY DIVISION/ENGINEERING SECTION AERIAL EASEMENT NEW CIVIL -PROBATE COURTHOUSE SCALE: 1" = 30' DATE:04-17-19 DRAWN BY: L. Espinosa CHECKED BY: 0. Suarez PROJECT: 20180263 SHEEi:2 of 3 EXHIBIT "C" NEW CML AND PROBATE COURTHOUSE / 4 / QJ�� / . 2 b+Z / 19s sa \ v.04-21 291 Ow 19 (�G 40 �a O�QO gva19) 23 Cl� saw \tea THIS SKETCH IS A GRAPHIC REPRESENTATION OF THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED AND WITHOUT WHICH THIS SKETCH IS TO BE CONSIDERED VOID AND INCOMPLETE. LtALI-DADIt DTPW THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS RIGHT OF WAY DIVISION/ENGINEERING SECTION AERIAL EASEMENT NEW CIVIL —PROBATE COURTHOUSE SCALE: 1" = 40' 1DATE:04-1 7— 19 DRAWN BY: L. Espinosa CHECKED BY: 0. Suarez PROJECT: 20180263 ISHEET:3 of 3