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Home My WebLink AboutExhibitPrepared 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: 6445 NE 7th AVENUE MIAMI, FLORIDA 33138 Folio No.: 01-3218-000-0031 Area Reserved for Recording PERPETUAL EASEMENT THIS EASEMENT made this _ day of , 2020 by HARVEY SEEDS POST NO. 29 AMERICAN LEGION, A FLORIDA NONPROFIT CORPORATION, SUBJECT TO A LEASE AGREEMENT AND DEVELOPMENT AGREEMENT DATED SEPTEMBER 11, 2018 AND ASSIGNMENT OF LEASE TO MIMO BAY APARTMENTS HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED IN OFFICIAL RECORDS BOOK 31219, PAGE 4765 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, whose address is 6445 NE 7th Avenue, Miami, Florida 33138, ("Grantor"), to the CITY OF MIAMI, a Florida Municipal Corporation, its successors and assigns, whose address is 444 SW 2" 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 "A". 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 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. 1 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 2 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] 3 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: COVENANTOR: HARVEY SEEDS POST NO. 29 AMERICAN Witness: LEGION, A Florida Nonprofit Corporation Print Name: By: ROBERT BELLAMY Address: Commander Witness: LESSEE: MIMO BAY APARTMENTS HOLDINGS, Print Name: LLC., a Delaware Limited Liability Company Address: By: Mimo Bay Apartments Limited Partnership, A Delaware Limited Partnership, Its Manager By: Mimo Bay Real Estate Associates GP LTD., A Cayman Islands Company, its General Partner By: BLAKE OLAFSON Authorized Signatory STATE OF FLORIDA) COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 20 , A.D., by Robert Bellamy, Commander of HARVEY SEEDS POST NO. 29 AMERICAN LEGION, A Florida Nonprofit Corporation and Blake Olafson as Authorized Signature of Mimo Bay Real Estate Associates GP LTD., A Cayman Islands Company, General Partner of Mimo Bay Apartments Limited Partnership, A Delaware Limited Partnership, Manager of Mimo Bay Apartments Holdings, LLC., a Delaware Limited Liability Company, who is personally known to me or who has produced as identification. [Notary Seal] Notary Public Name typed, printed or stamped My Commission Expires: 4 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 5 By: MCHAVARRIAGA tments\Survey\dwg\V-SURV-Perpetual SWK. EAS.dwg\V-XX-SURVEY 1959A- Mimo Bay Ap PERPETUAL SIDEWALK EASEMENT SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, FOLIO # 01-3218-000-0031 LEGAL DESCRIPTION: (PERPETUAL SIDEWALK EASEMENT No.1 A PORTIONS OF SUB. DIV. G "GOVT. LOT 5 SEC. 18-53-42", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK A, AT PAGE 1, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 26, "MARY BRICKELL", ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 11, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, THENCE RUN NORTH 02'16'56" WEST ALONG THE EAST RIGHT OF WAY LINE OF NE 7th AVENUE, FOR A DISTANCE OF 119.62 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING PERPETUAL SIDEWALK EASEMENT THENCE CONTINUE NORTH 02'16'56" WEST, ALONG THE EAST RIGHT OF WAY LINE OF NE 7TH AVENUE, FOR A DISTANCE OF 197.48 FEET TO POINT ON THE SOUTH LINE OF LEGION MEMORIAL PARK; THENCE RUN NORTH 8755'29" EAST, ALONG THE SOUTH LINE OF LEGION MEMORIAL PARK, FOR A DISTANCE OF 6.5 FEET THENCE RUN SOUTH 0276'56" EAST, 6.5 FEET EAST AND PARALLEL TO THE EAST RIGHT OF WAY LINE OF NE 7th AVENUE, FOR A DISTANCE OF 192.19 FEET; THENCE RUN SOUTH 48'42'59" WEST FOR A DISTANCE OF 8.36 FEET TO THE POINT OF BEGINNING. SAID EASEMENT PORTIONS CONTAINING 1,266 SQUARE FEET MORE OR LESS. TOGETHER WITH LEGAL DESCRIPTION: (PERPETUAL SIDEWALK EASEMENT No.2 A PORTIONS OF LOTS 26, 27, 30, 31, 34, 35, 38 AND 39 "MARY BRICK ELL", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 11, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 26; THENCE RUN NORTH 8755'29" EAST, ALONG THE SOUTH LINE OF SAID LOTS 26, FOR A DISTANCE OF 24.89 FEET THENCE RUN NORTH 02'04'31" WEST, FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF N.E. 64th STREET AS RECORDED IN OFFICIAL RECORDS BOOK 30816 AT PAGES 4619-4624 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA: ALSO BEING THE POINT OF THE BEGINNING OF THE FOLLOWING PERPETUAL SIDEWALK EASEMENT; THENCE RUN NOR TH 8755'29" EAST FOR A DISTANCE OF 328.65 FEET; THENCE RUN NORTH 47'04'31" WEST FOR A DISTANCE OF 9.19 FEET THENCE RUN SOUTH 8755'29" WEST, 6.5 FEET NORTH AND PARALLEL TO THE NORTH RIGHT OF WAY LINE OF N.E. 64TH STREET AS RECORDED IN OFFICIAL RECORDS BOOK 30816 AT PAGES 4619-4624 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, FOR A DISTANCE OF 338.96 FEET TO A POINT OF CURVATURE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET THENCE RUN TO THE LEFT ALONG SAID CURVE FOR A DISTANCE OF 78.03 FEET THROUGH A CENTRAL ANGLE OF 41'19'39'; HAVING A CHORD BEARING OF SOUTH 7028'13" EAST AND A CHORD DISTANCE OF 17.64 FEET TO THE POINT OF BEGINNING. SAID EASEMENT PORTIONS CONTAINING 2,189 SQUARE FEET MORE OR LESS. SURVEYOR'S NOTES: THIS /S NOT A BOUNDARY SURVEY. BEARINGS AS SHOWN HEREON ARE BASED ON ASSUMED SYSTEM WERE BY THE EAST RIGHT OF WAY LINE OF NE 7th AVENUE, BEARS NORTH 87'55'29" WEST. THIS LEGAL DESCRIPTION AND THE SKETCH TO ACCOMPANY LEGAL ARE NOT VALID ONE WITHOUT THE OTHER. THE EASEMENT STRIP FORMS A CLOSE GEOMETRIC FIGURE. SURVEYOR'S CERTIFICATE: / HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION WAS MADE UNDER MY RESPONSIBLE CHARGE ON NOVEMBER 16, 2020 AND MEETS THE APPLICABLE STANDARDS OF PRACTICE AS SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN RULES 5J-17.051 AND 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027 FLORIDA STA TU TES. AIMARA DIAZ LA ROSA FLORIDA PROFESSIONAL SURVEYOR AND MAPPER LICENSE No. 6796 THIS DESCRIPTION AND SKETCH WERE PREPARED BY.: MASER CONSUL TING 8290 NW 64th STREET, MIAMI FL 33166 p. 305.597.9701 f 305.597.9702 THIS DESCRIPTION AND SKETCH ARE NOT VALID IMTHOU T THE SIGNATURE AND RAISED SEAL OF A FLORIDA SURVEYOR AND MAPPER. MASER CONSULTING P.A. Customer Loyalty through Client Satisfaction ■ www.maserconsulting.com ■ Engineers • Planners • Surveyors ■ Landscape Architects • Environmental Scientists • State of F.L. C.O.A.: 30301 / LB7388 • ■ NEW JERSEY • MARYLAND NEW YORK • GEORGIA PENNSYLVANIA • TEXAS FLORIDA • TENNESSEE NORTH CAROLINA■ COLORADO NEW MEXICO • VIRGINIA PERPETUAL SIDEWALK EASEMENT FOR 6445 NORTHEAST 7 AVE MIAMI, FL 33138-6220 CITY OF MIAMI MIAMI-DADE COUNTY FLORIDA PROTECT YOURSELF STATESALL REQUIRE NOTIFICATION OF EXCAVATORS, DESIGNERS, ANY PERSON PREPARING TO ANYWHEREESTATE R DISTURB THE EARTH, SURFACE Know what's below. Call before you dig. FOR STATE SPECIFIC DIRECT PHONE NUMBERS VISIT: WW W.CALLBI I.COM SKETCH SCALE AS SHOWN DATE:11/16/20 DRAWN Y MCH CHEALR BY. MIAMI OFFICE 8290 NW 64th Street Miami, FL 33166 at Phone: 305.597.9701 Fax: 305.597.9702 PROJECT NUMBER: I8001959A V-SURV-PERPETUAL SWK. FAS SHEET TITLE SKETCH TO ACCOMPANY LEGAL DESCRIPTION SHEET NUMBER: I of 3 N By: MCHAVARRIAGA tments\Survey\dwg\V-SURV-Perpetual SWK. EAS.dwg\V-XX-SURVEY (2) 1959A- Mimo Bay Ap ABBREVIATIONS CL = CENTER LINE ML = MONUMENT LINE PB. = PLAT BOOK PG. = PAGE P. O. B. = POINT OF BEGINNING P.O. C. = POINT OF COMMENCEMENT SWK. = SIDEWALK I "AMENDED PLAT LEGION PARK" r (PB. 39, PG.93) w 5.0' 25.0' EAST RIGHT OF WAY LINE OF N.E. rn )co ai 2 G � P.O.C.- SW CORNER OF LOT 26 (PB. B, PG. 11) E 50 0 50 SCALE : 1" = 50' LEGION MEMORIAL PARK CITY OF MIAMI FOLIO No. 01-3218-000-0030 NB755'29'E 6.50' SOUTH LINE OF LEGION MEMORIAL PARK SUB. DIV. C PERPETUAL SWK. EASEMENT No.1 S48'42'59 "W 8.36' P.O.B. I MASER CONSULTING P.A. Customer Loyalty through Client Satisfaction • NEW JERSEY • MARYLAND www.maserconsulting.com • NEW YORK • GEORGIA Engineers •Planners •Surveyors • PENNSYLVANIA • TEXAS Landscape Architects • Environmental Scientists • FLORIDA • TENNESSEE State of F.L. C.O.A.: 30301 / LB7388 • NORTH CAROLINA■ COLORADO ■ NEW MEXICO ■ VIRGINIA PERPETUAL SIDEWALK EASEMENT FOR 6445 NORTHEAST 7 AVE MIAMI, FL 33138-6220 CITY OF MIAMI MIAMI-DADE COUNTY FLORIDA PROTECT YOURSELF STATESALL REQUIRE NOTIFICATION OF EXCAVATORS, DESIGNERS, ANY PERSON PREPARING TO ANYWHEREESTATE R DISTURB THE EARTH, SURFACE Know what's below. Call before you dig. FOR STATE SPECIFIC DIRECT PHONE NUMBERS VISIT: WW W.CALLBI I.COM SKETCH SCALE AS SHOWN DATE:11/16/20 DRAWN Y MCH CHEALR BY. MIAMI OFFICE 8290 NW 64th Street Miami, FL 33166 Mr Phone: 305.597.9701 Fax: 305.597.9702 PROJECT NUMBER: I8001959A DRAWING NAME V-SURV-PERPETUAL SWK. FAS SHEET TITLE SKETCH TO ACCOMPANY LEGAL DESCRIPTION SHEET NUMBER, 2 of 3 N By: MCHAVARRIAGA tments\Survey\dwg\V-SURV-Perpetual SWK. EAS.dwg\V-XX-SURVEY (3) 1959A- Mimo Bay Ap ABBREVIATIONS CL = CENTER LINE ML = MONUMENT LINE R = RADIUS A = DELTA ANGLE L = LENGTH DISTANCE CHB = CHORD BEARING CHD = CHORD DISTANCE PB. = PLAT BOOK PG. = PAGE P. O. B. = POINT OF BEGINNING P.O. C. = POINT OF COMMENCEMENT ORB = OFFICIAL RECORDS BOOK SWK. = SIDEWALK NO2'04'31 "W 5.00' LOT26 P.O.B. P 0. C. SW CORNER OF LOT 26 (PB. B, PG. 11) R= 25.00' L=18.03' 4= 41 '19'39 " CHB=S7028'73'E CHD=17.64' N87 55'29' E 24.89' CC W i I IL0T 34 W E 50 0 50 SCALE : 1" = 50' (PB. B, PG.11) PERPETUAL SWK. EASEMENT No.2 I LOT 27 LOT 30 LOT 31 S87'55'29 "W 338.96' — N87'55'29 "E 328.65' NORTH RIGHT OF WAY- SOUTH LINE LINE LOTS 26, 27, 30, 31, 34, 35, 38 & 39 N.E. 64th 5' R/w PER (ORB 30816 PG. 4679-4624) MARY (PB. B, PG.11 ) LOT35 S87 55'29 "W 538. 96' _ — I — N87'55'29'E 328.65' BRICKELL LOT38 C� o STREET LOT 39 N4704'31 "W 9.19' SOUTH LINE "— NOR TH RIGHT OF WAY LOTS 26, 27, 30, 31, 34, 35, 38 & 39 LINE N.E. 64th STREET t0tl I 1 W 1- 2 MASER CONSULTING P.A. Customer Loyalty through Client Satisfaction • NEW JERSEY • MARYLAND www.maserconsulting.com • NEW YORK • GEORGIA Engineers •Planners •Surveyors • PENNSYLVANIA • TEXAS Landscape Architects • Environmental Scientists • FLORIDA • TENNESSEE State of F.L. C.O.A.: 30301 / LB7388 • NORTH CAROLINA■ COLORADO ■ NEW MEXICO ■ VIRGINIA PERPETUAL SIDEWALK EASEMENT FOR 6445 NORTHEAST 7 AVE MIAMI, FL 33138-6220 CITY OF MIAMI MIAMI-DADE COUNTY FLORIDA PROTECT YOURSELF STATESALL REQUIRE NOTIFICATION OF EXCAVATORS, DESIGNERS, ANY PERSON PREPARING TO ANYWHEREESTATE R DISTURB THE EARTH, SURFACE Know. wn,6 below. Call before you dig. FOR STATE SPECIFIC DIRECT PHONE NUMBERS VISIT: WW W.CALLBI I.COM SKETCH SCALE AS SHOWN DATE:11/16/20 DRAWN Y MCH CHEALR BY. MIAMI OFFICE 8290 NW 64th Street Miami, FL 33166 Mr Phone: 305.597.9701 Fax: 305.597.9702 PROJECT NUMBER: I8001959A V-SURV-PERPETUAL SWK. FAS SHEET TITLE SKETCH TO ACCOMPANY LEGAL DESCRIPTION SHEET NUMBER, 3 of 3