HomeMy WebLinkAboutExhibitThis instrument prepared by
and shall be returned to:
City of Miami Department of Resilience Public Works Department
Attention: Director of Public Works
444 SW 2"d Avenue, 81" Floor
Miami, FL 33130
Location: 851 NE 1st Avenue
Folio No.: 01-3137-036-0020
Area Reserved for Recording
PERPETUAL EASEMENT
THIS EASEMENT made this day of , 2019 by Tower 2,
LLC, a Delaware limited liability company, whose address is 1010 NE 2" Ave., Miami, FL
33132, ("Grantor"), to the CITY OF MIAMI, a Florida Municipal Corporation, its successors
and assigns, whose address is 444 SW 2nd Avenue, Miami, FL 33130 ("Grantee").
• WHEREAS, Grantor is the owner of fee simple title in and to the property described in
Exhibit "A" (the "Property")
WITNESSETH, that the Grantor for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration paid, the receipt and sufficiency of which is
hereby acknowledged, hereby grants unto Grantee, its successors and assigns, a perpetual
easement for public pedestrian ingress and egress over and upon the easement area described
below, with full authority to enter upon said land lying in Miami -Dade County, Florida, viz:
SEE LEGAL DESCRIPTION AND SKETCH ATTACHED
HERETO AND INCORPORATED BY REFERENCE
HEREIN AS EXHIBIT "B".
RIGHTS GRANTED TO THE GRANTEE, the Grantee shall have the right of usage
and enjoyment of the easement area for public pedestrian ingress and egress purposes. The
Grantor shall construct and maintain a sidewalk within the easement area and clear and keep
clear all trees, undergrowth, and other obstructions that may interfere with the normal ingress
and egress upon the easement area by the Grantee, and out of and away from the public right-of-
way. Grantor, its successors and assigns, agree not to build, construct or create nor permit others
to build, construct or create, any buildings or other structures on the herein granted easement
area that may interfere with the normal ingress and egress purpose. Grantor further grants the
Grantee the reasonable right to enter upon the easement area for the purpose of exercising the
rights herein granted.
Grantor shall maintain the sidewalk within the easement area in good condition and
repair. Grantor reserves the right to grant other easements within the easement area, and to use
the easement area primarily for Grantor's own benefit, provided such other easements and uses
do not interfere with Grantee's use of the easement area as granted hereby.
TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns
forever, together with a covenant hereby knowingly, voluntarily and freely given by Grantor not
to sue or to maintain any civil or other claim, demand, cause of action, debt, default, or other
relief against the said Grantee and its successors and assigns from any or all personal injury,
property damage, or diminution of property rights arising from or accruing by virtue of the
Grantor's activities, acts and omissions under this easement and/or construction on and/or
maintenance to the lands, if any, owned by the Grantor, laying adjacent, continuous or abutting
to the lands hereinabove described and the Grantor shall defend title to said lands against all
persons claiming by, through or under said Grantor, and shall indemnify, defend, and hold
harmless the Grantee against any and all claims, costs, expenses, deficiencies, liabilities,
judgments, losses, damages, or suits (including related counsel fees at trial and appellate
proceedings, and court costs) arising from or in connection with the Grantor's activities under
this easement, in whole or in part.
Insurance. The Grantor shall maintain in full force at all times during the term of this
agreement, a commercial general liability coverage affording bodily injury, including death and
property damage with limits of $1,000,000.00 per occurrence, $2,000,000.00 policy aggregate.
The certificate shall include coverage for premises liability, and any other applicable coverage
exposures as applicable, in connection with this easement. The certificate shall reflect a primary
and non contributory basis, and shall reflect the Grantee as an additional insured on this
coverage.
The insurance policy shall be procured and premiums paid by Grantor. The effective date
of the policy shall be prior to or on the effective date of the Easement and the policy term or any
renewals thereof shall remain in effect for the term of the Easement.
The insurance carrier for the policy must be rated no less than A- as to management and
no less than Class (V) as to strength by the latest edition of Best's Insurance Guide and must be
approved by the City of Miami Risk Manager. Grantee shall be listed as Additional Insured
under the policy. Proof of insurance shall be supplied to the satisfaction of Grantee prior to the
issuance of any permits. A Certificate of Insurance bearing Grantee as "Additional Insured" shall
in no way relieve Grantor of the obligation to add Grantee as "Additional Insured" to the actual
insurance policy. The insurance policy shall provide that Grantee be given at least thirty (30)
days advance written notice of any material changes, cancellation or non -renewal notification of
any policy and, in the event of such material change, cancellation or non -renewal notification,
Grantor shall immediately replace said policy with another policy to the satisfaction of Grantee
with the receipt of a certificate of insurance for such policy by Grantee at least ten (10) days
prior to the effective date of the material changes, cancellation or non -renewal of any policy. In
the event that the Grantee is not in possession of same by such date, then Grantee shall have the
right to immediately secure a similar insurance policy in its name with the total cost of the
premium and all monies that may become due during the term of the easement being charged to
the Grantor and Grantee shall have the right to declare and establish said costs as a lien on
property described herein of Grantor, enforced as any lien provided for under the statutes of the
State of Florida. Grantor agrees to increase from time to time, as required by the City of Miami
Code, the limits of the comprehensive liability insurance policy required to be provided pursuant
to this Easement, upon the written request of Grantee.
This Easement agreement shall be binding upon successors and assigns, personal
representatives, heirs, executors, and administrators, of the parties hereto. This Easement
agreement will be construed under the laws of the State of Florida. Venue in any action or
proceeding between the parties arising out of this Easement agreement shall be in Miami -Dade
County, Florida.
The Grantor's representative below is hereby authorized and directed to execute this
perpetual easement with the Grantee.
[SIGNATURE PAGE FOLLOWS]
ACTIVE 19845858v3
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and
year first above written.
Signed, sealed and delivered in the presence of:
Witness:
Print Name: eieLla
GRANTOR:
TOWER 2, LLC, a Delaware limited liability
company
si
Address: � ��,` � �` its: Managin ���) irector
Witness:
Print Name:
Address:
ctvo 61n1 I Ifs* bi f
Miami/FL 66170
STATE OF 'Ft OQti OVA
COUNTY OF tM414 -0A0C
0
The following instrument was acknowledged before me this i. day of
'Fir 4a2s-1 2019, by Daniel Kodsi, as Managing Director of Tower 2, LLC, a
Delware limited liability company, who is personally known to me to or who has produced
as identification, and who did (did not) take an
oath.
(Signature)
(Print/Type Name)
My Commission Expires: 1/ 10 / 202
Serial No., if any: 6141(226%1
Notary Stamp:
,�Q� • u��,,, Oscar F Ospina
i�.•
Commission # GG122687
_*: "" Expires;U
�711\0 Bonddthuaron NotarJ
Signature Page
CITY OF MIAMI, a municipal
ATTEST: corporation of the State of Florida
By:
Todd B. Hannon, City Clerk Emilio T. Gonzalez, Ph.D., City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
By:
Victoria Mendez, City Attorney Ann -Marie Sharpe, Director
Risk Management Department
Signature Page
Exhibit "A"
Legal Description
Exhibit "A"
Tower 2
Legal Description
Land described below which land is included in that certain Amended and Restated Covenant
in Lieu of Unity of Title recorded in Official Records Book 31271 at page 3262 of the Public
Records of Miami -Dade County, Florida.
A portion of Tract "A," "MIAMI WORLDCENTER PLAT 1," according to the Plat thereof, as
recorded in Plat Book 171 at Page 28, of the Public Records of Miami -Dade County, Florida,
being more particularly described as follows;
Commence at the monument line intersection of N.E. 1st Avenue and N.E. 8th Street; thence
run North 02 degrees 13 minutes 55 seconds West, along the monument line of said N.E. 1st
Avenue, for a distance of 57.55 feet to a point; thence run North 87 degrees 46 minutes 05
seconds East, at right angles to the last described course, for a distance of 40.00 feet to a
point on the Westerly boundary line of said Tract "A" and the POINT OF BEGINNING of the
following described parcel of land; thence run North 02 degrees 13 minutes 55 seconds West
for a distance of 287.61 feet to a point; thence run North 87 degrees 43 minutes 37 seconds
East for a distance of 12.50 feet to a point; thence run North 02 degrees 13 minutes 55 seconds
West for a distance of 299.98 feet to a Point of Curvature of a circular curve concave to the
Southeast, turning to the right, having a radius of 25.00 feet, a central angle of 89 degrees 57
minutes 36 seconds, a chord bearing of North 42 degrees 44 minutes 53 seconds East through
a chord length of 35.34 feet, for an arc distance of 39.25 feet to a Point of Tangency; thence
run North 87 degrees 43 minutes 41 seconds East for a distance of 102.53 feet to a point;
thence run South 02 degrees 14 minutes 10 seconds East for a distance of 10.00 feet to a
point; thence run North 87 degrees 43 minutes 41 seconds East for a distance of 28.81 feet to
a point (said last mentioned 7 courses being coincident with the Westerly and Northerly
boundary lines of said Tract "A"); thence run South 02 degrees 13 minutes 55 seconds East
for a distance of 242.45 feet to a point; thence run South 87 degrees 46 minutes 20 seconds
West for a distance of 10.00 feet to a point; thence run South 02 degrees 13 minutes 55
seconds East for a distance of 50.00 feet to a point; thence run North 87 degrees 46 minutes
05 seconds East for a distance of 10.00 feet to a point; thence run South 02 degrees 13 minutes
55 seconds East for a distance of 335.12 feet to a point; thence run South 87 degrees 43
minutes 16 seconds West for a distance of 143.80 feet to a Point of Curvature of a circular
curve concave to the Northeast, turning to the right, having a radius of 25.00 feet, a central
angle of 90 degrees 02 minutes 49 seconds, a chord distance of 35.37 feet through a chord
bearing of North 47 degrees 15 minutes 20 seconds West, for an arc distance of 39.29 feet to
a point on the Westerly boundary line of said Tract "A" and the POINT OF BEGINNING (said
last mentioned 2 courses being coincident with the Northerly boundary line of a 75 Foot Wide,
14.50 High Public Ingress -Egress And Utility Easement recorded in Plat Book 171 at Page 28).
Said parcel of land lying generally at and below elevation 141.50 feet, National Geodetic
Vertical Datum of 1929 (N.G.V.D.29).
Said parcel of land lying in the Southeast Quarter (1/4) of Section 37 (James Hagan Donation),
Township 53 South, Range 41 East, City of Miami, Miami -Dade County, Florida.
Note: The bearings shown hereon relate to an assumed bearing (NO2°13'55"W) along the
monument line of N.E. 1st Avenue per Plat Book 171 at Page 28.
Less and except the following described property:
Commence at the monument line intersection of N.E. 1st Avenue and N.E. 8th Street; thence
run North 02 degrees 13 minutes 55 seconds West, along the monument line of said N.E. 1st
Avenue, for a distance of 382.79 feet to a point; thence run North 87 degrees 46 minutes 05
seconds East, at right angles to the last described course, for a distance of 52.50 feet to a
point on the Westerly boundary line of said Tract "A" and the POINT OF BEGINNING of the
following described parcel of land; thence run North 02 degrees 13 minutes 55 seconds West,
along the Westerly boundary line of said Tract "A," for a distance of 20.01 feet to a point;
thence run North 87 degrees 46 minutes 05 seconds East for a distance of 146.32 feet to a
point; thence run South 02 degrees 13 minutes 55 seconds East for a distance of 20.01 feet to
a point; thence run South 87 degrees 46 minutes 09 seconds West for a distance of 146.32
feet to the POINT OF BEGINNING.
Said parcel of land lying generally at and above the horizontal plane of elevation 12.50 feet
and below elevation 31.83 feet, National Geodetic Vertical Datum of 1929 (N.G.V.D.29). The
lower limiting elevation of the volume, as shown above, is more particularly defined by the
upper elevation of the supporting concrete slab below and the upper limiting elevation of the
volume, as shown above, is more particularly defined by the lower elevation of the underside
of the concrete slab above and its supporting horizontal structural components, including
penetrations and openings within the foregoing defined volume.
Said parcel of land Tying in the Southeast Quarter (1/4) of Section 37 (James Hagan Donation),
Township 53 South, Range 41 East, City of Miami, Miami -Dade County, Florida.
Note: The bearings shown hereon relate to an assumed bearing (NO2°13'55"W) along the
monument line of N.E. 1st Avenue per Plat Book 171 at Page 28.
Exhibit "B"
(Legal and Sketch for Sidewalk Easement)
Exhibit "B"
947 Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
MIAMI WORLDCENTER SIDEWALK EASEMENT
LEGAL DESCRIPTION
A portion of Tract A, "MIAMI WORLDCENTER PLAT 1," according to the Plat thereof,
as recorded in Plat Book 171 at Page 28, of the Public Records of Miami -Dade County,
Florida, being more particularly described as follows;
Commence at the monument line intersection of N.E. 1st Avenue and N.E. 10th Street;
thence North 87° 43'41" East, along the monument line of said N.E. 10th Street, a
distance of 92.74 feet; thence South 02° 16'19" East, a distance of 30.00 feet to a
point on the Northerly boundary line of said Tract A and the POINT OF BEGINNING;
thence North 87° 43'41" East, along said North line, a distance of 75.25 feet; thence
South 39° 36'57" West, a distance of 7.62 feet; thence South 87° 43'41" West, a
distance of 65.07 feet; thence North 44e 13'56" West, a distance of 7.62 feet to
the POINT OF BEGINNING.
Said lands situate in the City of Miami, Miami -Dade County, Florida.
NOTES
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID
WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. .BEARINGS SHOWN HEREON ARE BASED ON THE
FLORIDA COORDINATE SYSTEM, EAST ZONE, GRID NORTH,
1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION,
1990 ADJUSTMENT.
3. NO SEARCH OF THE PUBLIC RECORDS WAS MADE
IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION.
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN
HEREON COMPLIES WITH STANDARDS OF PRACTICE AS CONTAINED IN
CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND
DESCRIPTION IS TRU AND CORRECT TO THE BEST OF MY KNOWLEDGE
ILF,AS PA AND BELRED UNDER MY DIRECTION.
JEF ODAPP
SU V YOR AND MAPPER
FLORIDA LICENSE NO. LS5111
Project Nome: MIAMIWORLDCENTER
DATE: 10/15/2018
JOB NO. 07139
DWG BY: JSH
ABBREVIATIONS
L ARCLENGTH
CONC. = CONCRETE
COR. . CORNER
D = DELTA (CENTRAL ANGLE)
L.B. = LICENSED BUSINESS
L.S. = LICENSED SURVEYOR
O.R.B. = OFFICIAL RECORDS BOOK
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
P.B. = PLAT BOOK
M.D.C.R.= MIAMI-DADE COUNTY RECORDS
PG. = PAGE
P.S.M. = PROFESSIONAL SURVEYOR
& MAPPER
R/W = RIGHT-OF-WAY
CK'D By: AR
SHEET 1 OF 2
947 Clint Moore Road
Boca Raton, Florida 33487
SURVEYING&MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
MIAMI WORLDCENTER - SIDEWALK EASEMENT
—5.00'
25.00
11
BLOCK
12
'MIAMI'
(P.B. B, PG. 41,
N87° 43'41"E
O 92.74' -__N1
S02° 1619"E
30.00'
P.O.B.
P.O.C.
MONUMENT LINE
INTERSECTION
NE 10TH ST &
NE 1ST AVE
47.50'
5.00'
N.E. 1ST AVE.
19 N
13
14
N.E 10TH ST. _
N87° 43'41"E
75.25'
S87° 43'41"W
65.07' #C-S39° 36'57"W
N44° 13'56"W 7.62'
7.62'
cri
O
0
TRACT A
"MIAMI WORLDCENTER PLAT 1"
(P.B. 171, PG 28)
JOB NO. 07139
Project Name:
MIAMI WORLDCENTER
DWG BY: JSH
SCALE: 1"=40'
CK'D By: JCV
DATE: 10/15/2018
SHEET 2 OF 2
JOINDER BY MORTGAGEE
The undersigned Banco Inbursa, S.A., Institucion de Banca Multiple, Grupo
Financiero Inbursa, an entity foiiiied under the laws of the United Mexican States, as
Mortgagee under that certain Mortgage, Assignment of Rents and Leases, Collateral Assignment
of Property Agreements, Security Agreement and Fixture Filing, and Notice of Future Advance,
recorded March 7, 2017 in Official Records Book 30447, Page 1791, as affected by that certain
Partial Release of Mortgage recorded January 3, 2018, in Official Records Book 30814 at Page
2882 of the Public Records of Miami -Dade County, Florida, covering all/or a portion of the
property described in the foregoing Perpetual Easement does hereby acknowledge that the terms
of the Perpetual Easement are and shall be binding upon the undersigned and its successors in
title.
IN WITNESS WHEREOF, these presents have been executed this day of
, 2019.
Banco Inbursa, S.A., Institucion de Banca
Multiple, Grupo Financiero Inbursa, an entity
formed under the laws of the United Mexican States
By: Trimont Real Estate Advisors, LLC,
a 4e&,-t limited liability company, its
servicer
By:
Name: -7--
Title: ,ef. i�.ed c/ vr7,p2 '
Address:
3-c / i'oX 4/
satin rrl
[NOTARY BLOCK ON NEXT PAGE]
Joinder by Mortgagee
STATE OF G
COUNTY OF `4-v 1 k o Y'
BEFORE ME, the undersigned authority, this day appeared I r- P\/ S v ' ,
known by me to be the, -\no r; zPsi �c�o „ref Trimont Real Estate Ad isors, LLC, a
limited liability company, the servicer of Banco Inbursa, S.A., Institucion de
Banca Multiple, Grupo Financiero Inbursa, an entity formed under the laws of the United
Mexican States, and he/she acknowledged to and before me that he/she executed the said
instrument, acting in his/her said official capacity, for and as to the act and deed of said
corporation and in its name, for the uses and purposes therein mentioned, and after being duly
authorized and directed. (YShe is: [,%] personally known to me, or [ ] produced
as identification.
day of
WITNESS my hand and official Seal in the County and State aforesaid, on this, the 3(ot11
, 2019.
My Commission Expires:
iq- o
S ,.
'�o AR Y ` U"l'
• . EXPPtBEs /�
• GEORGIA
Aug. 14,2020
°°s ;4 L B CCQ `%'
seeeesai%0
Notary Public 1-0 r CI tAk oc t son
Joinder by Mortgagee