HomeMy WebLinkAboutBack-Up DocumentsAfter Recordation Return this instrument to:
Victoria Mendez, City Attorney
OFFICE OF THE CITY ATTORNEY
City of Miami, Florida
444 S.W. 2 Avenue, 9th Floor
Miami, Florida 33130-1910
Folio: A portion of 01-3218-000-0030
On this
(Space Above for Recorder's Use Only)
EMERGENCY ACCESS EASEMENT
day of 2020, The City of Miami, a municipal corporation of
the state of Florida, with an address of 444 SW 2 Avenue, Miami, Florida, 33130 ("Grantor") in
and for the consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable
considerations, the receipt of which is hereby acknowledged, does hereby grant and convey to
Harvey Seeds Post No. 29 American Legion, a Florida not for profit corporation, its successors
and assigns ("Grantee"), a non-exclusive emergency access easement ("Easement") for egress
of persons, solely in the event of an emergency, as contemplated by the National Fire
Protection Association, Life Safety Code, and Florida Fire Prevention Code ("Fire Codes") into
the following described real property ("Property") located in the City of Miami, Miami -Dade
County, Florida, to -wit:
SEE EXHIBIT "A" ATTACHED
and provided that the Grantor shall not erect or place any building or tree or other obstruction on
the Property; however, Grantor shall have the right to improve the Property for its own use and
needs as long as it allows access for egress of persons to the Property as contemplated by this
Emergency Access Easement
Page 2
Easement. All gates located within or leading to the Property and/or the Park, as defined below,
shall be utilized solely in the emergency circumstances described herein and in the Fire Codes.
1. Grantor hereby represents that it is the fee simple owner of the real property located at
6447 Northeast 7th Avenue, City of Miami, Miami -Dade County, Florida, also known as Legion
Memorial Park ("Park").
2. Grantor may, for its own purposes, utilize the Property and shall retain a right of free
ingress and egress under construction, use, maintenance, relocation, add to, and repair over
and upon the Property; provided that, in no event, shall any of the rights herein reserved to
Grantor impede the Easement herein granted or the exercise of the rights of use and access for
egress of persons to the Property, as described herein.
3. The provisions of this Easement shall be binding on the parties hereto and their
respective successors and assigns as a covenant running with and binding upon the servient
estate.
4. This Easement shall be released, relocated, or amended by the Grantor, at Grantee's or
its successors' expense, provided that the Easement is no longer needed, as determined by the
Grantor per the Fire Codes, or is relocated elsewhere to a suitable site on the Property or in
sufficient proximity thereto to effectuate same, as applicable, as evidenced by a written
document in recordable form executed by Grantor.
5. This Easement shall be recorded in the Public Records of Miami -Dade County, Florida
by the Grantor who will promptly furnish a recorded copy to Grantee, located at 5050 Biscayne
Boulevard, Suite 203, Miami, Florida 33138.
6. Venue in any legal or administrative proceedings between the parties shall be in a court
of competent jurisdiction in Miami -Dade County, Florida. Each party shall bear their own
attorney's fees. And costs associated with any claim or matter that may arise from this
Easement.
2
Emergency Access Easement
Page 3
7. Grantee hereby agrees to indemnify, defend, and hold harmless the Grantor and its
officials and employees, (collectively referred to as "Indemnitees") and each of them from and
against all loss, costs, penalties, fines, damages, claims, expenses (including attorneys' fees) or
liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any
person, regardless of whether said person is an employee, agent, representative, or invitee of
the Grantee, or damage to or destruction or loss of any property arising out of, resulting from, or
in connection with the Grantee's use of the Property/Easement Area as contemplated herein (i)
the negligent performance or non-performance of the Grantee's (or Grantee's employees) use
of same (whether active or passive) which is directly caused, in whole or in part, by any act,
omission, default or negligence (whether active or passive or in strict liability) of the
Indemnitees, or any of them, or (ii) the failure of the Grantee to comply materially with any of
the requirements herein, or the failure of the Grantee to conform to statutes, ordinances, or
other regulations or requirements of any governmental authority, local, federal or state, in
connection with this Agreement. Grantee further agrees to indemnify, defend and hold
harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the
violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly
to Grantee's negligent use of the Property/Easement Area. In the event that any third party
asserts claims against the Grantee and/or the Indemnitees for which Grantee is defending the
Indemnitees relating to this Agreement, Grantee shall have the right to select its legal counsel
for such defense, subject to the approval of the City Attorney, which approval shall not be
unreasonably withheld.
8. Grantee shall provide and keep in force at all times during this agreement Commercial
General liability coverage with limits of at least $1,000,000 per occurrence, $2,000,000 policy
aggregate affording coverage for bodily injury including death and property damage. The City
shall appear listed as an additional insured on a primary and non contributory basis.
3
Emergency Access Easement
Page 4
IN WITNESS WHEREOF, the GRANTOR has executed this instrument on the day of
, 2020.
CITY OF MIAMI, a municipal corporation
of the State of Florida
By:
Arthur Noriega V
City Manager
ATTEST:
Todd B. Hannon
City Clerk
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Victoria Mendez Ann -Marie Sharpe
City Attorney Risk Management Director
Accepted by the City Commission pursuant to Resolution No. [RESOLUTION NUMBER]
adopted on [ADOPTION DATE]
4
By: MCHAVARRIAGA
tments\Survey\dwg\V-SURV-SWK. ACCESS EAS..dwg\V-XX-SURVEY
1959A- Mimo Bay Ap
Exhibit "A"
EMERGENCY ACCESS EASEMENT
SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST,
MIAMI-DADE COUNTY, FLORIDA
FOLIO # 01-3218-000-0030
LEGAL DESCRIPTION:
A PORTIONS OF SUB. DIV B AND SUB. DIV. C "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 NORTHEAST CORNER OF LOT A, "AMENDED PLAT LEGION PARK"; ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, AT PAGE 93, OF THE PUBLIC RECORDS OF MIAMI—DADE
COUNTY, FLORIDA, THENCE RUN NORTH 8755'29" EAST ALONG THE SOUTH LINE OF LEGION MEMORIAL
PARK, FOR A DISTANCE OF 33.20 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING SIDEWALK ACCESS
EASEMENT; THENCE CONTINUE NORTH 8755'29" EAST, ALONG THE SOUTH LINE OF LEGION MEMORIAL PARK,
FOR A DISTANCE OF 516.80 FEET; THENCE RUN NORTH 02'16'56" WEST FOR A DISTANCE OF 10.00 FEET;
THENCE RUN SOUTH 8755'29" WEST, 10 FEET NORTH AND PARALLEL TO THE SOUTH LINE OF LEGION
MEMORIAL PARK, FOR A DISTANCE OF 516.80 FEET; THENCE RUN SOUTH 02'16'56" EAST FOR A DISTANCE
OF 10.00 FEET TO THE POINT OF BEGINNING
SAID EASEMENT PORTIONS CONTAINING 5,170 SQUARE FEET MORE OR LESS.
SURVEYOR'S NOTES:
THIS /S NOT A BOUNDARY SURVEY.
BEARINGS AS SHOWN HEREON ARE BASED ON THE ASSUMED SYSTEM WERE BY THE SOUTH LINE OF LEGION
MEMORIAL PARK, BEARS N 87'55'29" E.
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 STATUTES.
AIMARA DIAZ LA ROSA
FLORIDA PROFESSIONAL SURVEYOR AND MAPPER
LICENSE No. 6796
THIS DESCRIPTION AND SKETCH WERE PREPARED BY:
MASER CONSULTING P.A.
8290 NW 64th STREET, MIAMI FL 33166
p. 305.597.9701 f. 305.597.9702
THIS DESCRIPTION AND SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA
SURVEYOR AND MAPPER.
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
CITY OF MIAMI PARK TO MIMO
BAY APARTMENTS EASEMENT
FOR
6445 NORTHEAST 7 AVE
MIAMI, FL 33138-6220
CITY OF MIAMI
MIAMI-DADE COUNTY
FLORIDA
PROTECT YOURSELF
STATESALL REQUIRE NOTIFICATION
OF
ANY PERSON
PREPARING TO
DISTURB AN WTHEERURFACNAH, SR
Know what's below.
Call before you dig.
FOR STATE SPECIFIC DIRECT PHONE NUMBERS
VISIT: WW W.CALLBI I.COM
SIDEWALK ACCESS EASEMENT
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-SWK. ACCESS EAS.
SHEET TITLE
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
SHEET NUMBER,
I of 2
MCHAVARRIAGA
m
co
0
E
F
ABBREVIATIONS
CL = CENTER LINE
ML = MONUMENT LINE
PB. = PLAT BOOK
PG. = PAGE
P. O. B. = POINT OF BEGINNING
P. 0. C. = POINT OF COMMENCEMENT
I
S02'16'56 E 10.00'
N8755'29'E 33.20
P.O.C. -
- N.E. CORNER —
OF LOT A
PB.39, PG.93)
NORTH LINE OF
P.B.39, PG.93)
1-
0
rig CO
CL
G O. O.
z
C
W
W
ammo.
W
x
1-
50
0
50
SCALE : 1" = 50'
LEGION MEMORIAL PARK
CITY OF MIAMI
FOLIO No. 01-3218-000-0030
"GOVT. LOT 5 SEC. 18-53-42" (PB. A, PG.1)
SUB. DIV. B
SOUTH LINE OF LEGION MEMORIAL PARK
S87 55'29 "W 516.80'
7
i
■
25.0'
5.0'
1
SUB. DIV. G
SUB. DIV. C
"GOVT. LOT 5 SEC.18-53-42"
(PB. A, PG.1)
MIMO BAY APARTMENTS
FOLIO No. 01-3218-000-0031
LEGION MEMORIAL PARK
CITY OF MIAMI
FOLIO No. 01-3218-000-0030
"GOVT. LOT 5 SEC. 18-53-42" (PB. A, PG.1)
SUB. DIV. B
SOUTH LINE OF LEGION MEMORIAL PARK
S8755'29"W 516.80'
N87 55'29 "E 516.80'
SUB. DIV. F
NO2'16'56 "W
`1/-10.00'
i
i
i
N8755'29'E 516.80'
SUB. DIV. C
"GOVT. LOT 5 SEC.18-53-42"
(PB. A, PG.1)
MIMO BAY APARTMENTS
FOLIO No. 01-3218-000-0031
SUB. DIV. D
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 ■
■
NEWJERSEY • MARYLAND
NEW YORK • GEORGIA
PENNSYLVANIA • TEXAS
FLORIDA • TENNESSEE
NORTH CAROLINA■ COLORADO
NEW MEXICO • VIRGINIA
CITY OF MIAMI PARK TO MIMO
BAY APARTMENTS EASEMENT
FOR
6445 NORTHEAST 7 AVE
MIAMI, FL 33138-6220
CITY OF MIAMI
MIAMI-DADE COUNTY
FLORIDA
PROTECT YOURSELF
ALL STATES REQUIRE NOTIFICATION
DISTURB THE EARTH'S SURFACE
ANYWHERE IN ANY STATE
Know what's below.
Call before you dig.
FOR STATE SPECIFIC DIRECT PHONE NUMBERS
VISIT: W W W.CALL81 I.COM
MIAMI OFFICE
8290 NW 64rh Street
Miami, FL 33166
A
Phone: 305.597.9701
Fax: 305.597.9702
SIDEWALK ACCESS EASEMENT
SCALE
AS SHOWN
DATE
1 I/16/20
DRAWN
Y MCH
CHECKEDBY.
ALR
PROJECT NUMBER.
I8001959A
VRAWING SURVSWK. ACCESS EAS.
SHE, TITLE
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
SHE, NUMBER
2 of 2