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HomeMy WebLinkAboutExhibitPrepared by and return recorded copy to: City of Miami Department of Resilience and Public Works Attention: Director, Alan M. Dodd, P.E. 444 SW 2nd Avenue, 8th Floor Miami, FL 33130-1910 Location: 98 NE 79 Street, Miami, FL, 33138 Folio No.: 01-3112-014-0080 Area Reserved for Recording PERPETUAL EASEMENT THIS EASEMENT made this day of , 20 by TVC 15 LLC., a Florida Limited Liability Company, whose address is 1444 SW 14 Terrace, Miami, Florida, 33145, ("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 sidewalk, with full authority to enter upon the sidewalk, 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 for public pedestrian ingress and egress purposes. The Grantor shall construct and maintain sidewalk, curb and gutter, driveway approach and drainage within the easement area and to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with the normal ingress and egress upon the easement by the Grantee, out of and away from the herein Grantee right-of-way and that the 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 that may interfere with the normal ingress and egress purpose. Grantor further grants the reasonable right to enter upon adjoining lands of the Grantor 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 and easement shall be subject to the approval of the City of Miami Risk Manager and the City of Miami Attorney. 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] 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: ature of Witness Print/Type Name of Witness B(\[Oflr y, 4�"34PrinType Name of Witness STATE OF FLORIDA COUNTY OF MIAMI-DADE GRANTOR: TVC 15, LLC, a Florida limited liability company By: Amanda Cutler, Its: Manager The following instrument was acknowledged before me this ? t day of 2018, by Amanda Cutler, who is personally known to me to or who has produced f � C34 --ccp as identification. (Signature) (Prilit/Type Name) My Commission Expires: Sh /7021., Notary Stamp: OR A Elijah Perez-Puello go. 0 NOTARY PUBLIC o STATE OF FLORIDA I,, i Comm# GG247428 HCE IS Expires 8/9/2022 MIAMI 5940670 83750/86716 JOINDER B1 MORTCAGEE CITY NATIONAL BANK OF FLORIDA ("Mortgagee), as the holder of that certain Mortgage, Assignment of Rents and Security agreement, dated August 12, 2016 executed by TVC 15, LLC ("Mortgagor"), in favor of Mortgagee, recorded on August 18, 2016, in Official Record Book 30197, at Page 3513 of the Public Records of Miami -Dade County, Florida ("Mortgage"), encumbering, inter alia, all of that certain property more particularly described in the foregoing perpetual sidewalk easement, does hereby (i) consent to the recording of said perpetual sidewalk easement against the subject Property arid (ii) consent to and acknowledge that the terms of this perpetual sidewalk easement are and shall be binding upon the undersigned Mortgagee, its successors and assigns. IN WI—NESS WHEREOF, these presents have been executed this al day of 2018. CITY NA By: Title: STATE OF -Ric) COUNTY OF VkAA‘ AAA,21 L At e BEFORE ME, the undecsi ed authority, this day appeared elA known by me to be a \l of 6, \,-u4,\ov—±4—a limited liability company , and he/she acknowledged to and before me that he/gig_executed this instrument, acting in his/her said official capacity, for and as to the act and deed of said company and is name, for the uses and purposes therein mentioned, and after being duly authorized and directed, He/She is ( personally known to me, or ( ) produced ____.------ as identification. x._ WITNESS my hand and official seal in the County and. State aforesaid, on this day of cp \,—(2---N , 2018. B N-K-OFTL-GRIDA EIAINAS %Act+kJ- My Commission Expires •CX- ),D.A 'S Notary Pub MARILYN M. DUFOUR es, l'A Notary Public - State of Florida IL .1. Commission # FF 241465 My Comm. Expires Oct 10, 2019 l'IwoF 0.u•se Bonded through National Notary Assn. MIAMI 5940670 83750/86716 CITY OF MIAMI, a municipal ATTEST: corporation of the State of Florida By: Todd B. Hannon, City Clerk Arthur Noriega, V, 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 EXHIBIT A LEGAL DESCRIPTION Lot 1, Block 25, of PLAT OF BLOCKS 24 TO 32 INCLUSIVE LITTLE RIVER GARDENS, according to the Plat thereof, as recorded in Plat Book 7, Page 26, of the Public Records of Miami -Dade County, Florida. SSECH WOM AND LE -'GAL a IIIflIm lilililia -1111111,- bOCATION NEAP SECTION 12, TOWNSHIP 53 SOUTH, RANGE 41 EAST LYING AND BEING IN MIAMI—DADE COUNTY FLORIDA (NOT TO SCALE) P R OPE'R?PT ADM:MUS ID NO. 01-3112-014-0080 98 N.E. 79th STREET MIAMI, FL 33138 AREA OF PROPERTY: 6,630 SQUARE FEET AND/OR 0.152 ACRES MORE OR LESS. THIS SKETCH AND LEGAL HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITIES NAME HEREON. THE CERTIFICATIONS DO NOT EXTEND TO ANY UNNAMED PARTIES. — TVC 15 LLC. STITHVE' QR S r'EIR� i,�ItFIrCATEl I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF THAT THIS "SPECIFIC PURPOSE SURVEY" IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY PREPARED UNDER MY DIRECTION. THAT IT MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE STATE OF FLORIDA BOARD OF PROFESSIONAL.. LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH 5J-17.052 OF THE FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTING LAW, PURSUANT TO CHAPTER 42.02, FLORIDA STATUTE. SIGNED FOR THE FIRM ARTURO MENDIGUTIA, P.S.M. P.S.M. No. 584 —STA OF FLORIDA NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEA OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES IN A DIGITAL FORMAT NOT VALID WITHOUT AN AUTHENTIC ELECTRONIC SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL. FOLIO NUMBER: 01-3112-014-0080 LOCATION MAP, SURVEYORS NOTES & CERTIFICATE Project No.: 1807-241 Drawn by: J.FEE S KETCH Approved by: AM SHEET 1 OF 2 SIAWCYIIVf « A.SNOCII.4%TC—S►r iIVC, PROFESSIONAL SURVEYORS AND MAPPERS L. B. No. 7633 1435 S.W. 87th AVENUE SUITE "201" MIAMI, FL 33174 PHONE: (305) 556-4002 FAX: (305) 556-4003 EMAIL: JFEEc LMSURVEYING.COM DATE: 08-07-2018 Scale: AS SHOWN SDI ET�ca AND LEGAL meninjulp "a" PROPQ ER:1 1 E30AL DESCRIPTION A PORTION OF LOT 1, BLOCK 25, OF "LITTLE RIVER GARDENS", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, AT PAGE 26, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NE CORNER OF LOT 1 OF BLOCK 25 AS RECORDED IN PLAT BOOK 7 — PAGE 26. THENCE WEST ALONG THE NORTH LINE OF SAID LOT 1 FOR A DISTANCE OF 51.00 FEET TO A POINT. SAID POINT BEING THE NW CORNER OF SAID LOT 1; THENCE SOUTH ALONG THE WEST BOUNDARY LINE OF SAID LOT 1 FOR A DISTANCE OF 5.00 FEET; THENCE HEAD EAST ALONG THE COURSE OF A LINE PARALLEL TO THE NORTH LINE OF SAID LOT 1 FOR A DISTANCE OF 46.00 FEET TO A POINT, SAID POINT BEING THE NE CORNER OF AN EXISTING TWO STORY BUILDING # 98; THENCE SOUTH ALONG THE EAST FACE OF THE EXISTING BUILDING FOR A DISTANCE OF 50.20 FEET, THENCE WEST ALONG THE SOUTH FACE OF THE EXISTING BUILDING FOR A DISTANCE OF 5.00 FEET TO A POINT BEING 10.00 FEET WEST OF THE EASTERLY LINE OF SAID LOT 1. THENCE SOUTH ALONG A LINE THAT IS PARALLEL AND 10.00 FEET TO THE WEST OF THE EAST LINE OF SAID LOT 1 FOR A DISTANCE OF 74.91 FEET TO A POINT ON THE SOUTH LINE OF LOT SAID LOT 1; THENCE EAST ALONG THE SOUTH LINE FOR A DISTANCE OF 10.00 FEET TO A POINT, SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 1 FOR A DISTANCE OF 130.00 FEET TO THE POINT OF COMMENCEMENT. SAID LANDS BEING IN MIAMI DADE COUNTY AND CONTAINING 1,254 sq.ft. OR 0.025 ACRES MORE OR LESS. FOUND DRILL HOLE NW CORNER OF LOT. 1 0 d m SET k" IRON BAR (NO ID.)� GRAPHIC SCALE 60' 30' 0 30' 60' ( IN FEET ) 1 inch = 30 feet 57.23' ASPHALT PAVEMENT -79Alt S3rIP NORTH BOUNDARY LINE OF LOT 1; BLOCK 25 7 - PG. 26) 15YMH 32.15' 51 .00' LOT 14 OF BLOCK 2S P.B. 7 - PG. 26 0 O O N ui POINT OF COMMENGEME T FOUND RILL 'H0LE1 (N0 ID.) 15.00' 00' 15 FOUND IRON PIPE (N0 ID. FOLIO NUMBER: 01-3207-012-0060 LEGEND & ABBREVIATION - SKETCH AND LEGAL Project No.: 1807-241- SKETCH AND LEGAL Drawn by: J.FEE SKETCH Approved by: AM SHEET 2 OF 2 SUFWEVNnr i . . 5QCLu%TES.Inrc. PROFESSIONAL SURVEYORS AND MAPPERS L.B. No. 7633 1435 S.W. 87th AVENUE SUITE "201" MIAMI, FL 33174 PHONE: (305) 556-4002 FAX: (305) 556-4003 EMAIL: JFEE@ L MS URV EYING. COM Date: 08-07-2018 Scale: 1" - 30'