HomeMy WebLinkAboutExhibit AThis instnunent prepared by:
Victoria Mendez, City Attomey
Office of the City Attorney
City of Miami
444 SW 2nd Avenue, Ste. 945
Miami, FL 33130
Above Space is Reserved for Recording Information
Retum Recorded Copy to:
City of Miami
Department of Resilience and Public Works
444 S.W. 2nd Avenue, 8th Floor
Miami, FL 33130
Folio No.: 01-4104-000-0300
Location: 430 SW 31 Avenue, Miami, FL 33135
PERPETUAL STREET & UTILITIES EASEMENT
THIS EASEMENT made this 2S, day of , 2021 by JUAN F.
TARANCON, whose address is weal.) 3/ • Ml ami ?el 33135 , and OMAIRA
GRAJALES, whose address is `77 / bit{) /i/ Av... /yJkv//, f / 3 v210. (collectively,
"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: Streets as used herein is defined in Section 54-1 of the City of Miami Code
of Ordinances, as amended; and
WHEREAS: GRANTOR is the owner of fee simple title in and to the property described
in Exhibit "A"; and
WHEREAS: GRANTOR wishes to grant unto GRANTEE this Perpetual Street &
Utilities Easement.
WITNESSETH: That the GRANTOR for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable considerations paid, the receipt and sufficiency of which is
hereby acknowledged, hereby grants unto GRANTEE, its successors and assigns, a perpetual
easement for street & utilities purposes more particularly described, but not limited to, pedestrian
ingress and egress over and upon the street constructed thereon, construction and modification of
fixtures, amenities and utilities within the easement including but not limited to street furniture,
trees, grates, planters, street lighting, roadway reconstruction or resurfacing, sidewalk, catch
basins, drainage structures, utility relocation or upgrade with full authority to enter upon, construct
and maintain the street, utilities and fixtures within the easement, as the GRANTEE and its assigns
may deem necessary, said land lying in Miami -Dade County, Florida:
Page 1 of 6
Folio No.:01-4104-000-0300
Location: 430 SW 31 Avenue, Miami, FL 33135
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 to clear
and keep clear all trees, undergrowth, and other obstructions that may interfere with the normal
operation and maintenance of the easement by the GRANTEE, out of and away from the herein
GRANTEE right-of-way and that the GRANTOR, herein 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 operation of the street
and utilities. GRANTOR further grants the reasonable right to enter upon adjoining lands of the
GRANTOR for the purpose of exercising the rights herein granted. GRANTOR may keep the
easement area landscaped and may maintain access driveway entrances in the easement area.
GRANTEE may at any time change the location of the street and utilities within the
boundaries of the easement right-of-way, or modify or adjust the size of the existing street and/or
utilities it may determine in its sole discretion from time to time without paying any additional
compensation or granting additional consideration to GRANTOR or GRANTOR'S heirs,
successors, or assigns, provided GRANTEE does not expand its use of the easement beyond the
easement boundaries described above. GRANTEE shall promptly restore landscaping or
driveway entrances damaged by GRANTEE'S use of the easement area, to their preexisting
condition. GRANTEE shall maintain all streets and utilities within the easement area in good
condition and repair. GRANTOR reserves the right to grant other easements within the easement
area, 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, proceeding, 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, loss, or diminution of property rights arising or accruing by
virtue of the GRANTEE's activities, acts and omissions under this Easement and/or construction
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 will defend title to said lands
against all persons claiming by, through or under said GRANTOR. GRANTEE has not waived
any rights afforded to it under any federal, State of Florida, or local laws, rules or regulations
relating to streets, roads, sidewalks, or other public rights -of -way.
This Agreement shall be binding upon successors and assigns personal representatives,
heirs, executors, and administrators, of the parties hereto.
[SIGNATURE PAGE FOLLOWS]
[Remainder ofpage left intentionally blank]
Page 2 of 6
Folio No.:01-4104-000-0300
Location: 430 SW 31 Avenue, Miami, FL 33135
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: (Two witnesses or corporate seal required by
Florida Law)
Signature of Witness
t� 0•vh2run
Print/Type Name of Witness
Sign re of'Witne s
Print%Tame of Witness
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
7)f/rQ3�CGYJe®-)
Signature of RA
Juan F. Taranc6n
The foregoing instrument was acknowledged
or ❑ online notarization,
by v % cwt.,
has produced 7 / 1/ /t-5 U Le-
ta A- an oath. li
(
a�
gnature)
Air cO- e • Alv71-nei
(Print/Type Name)
this 2 2
Print/Type GRANTOR Name
before me by means of CSriysical presence
day of MA-4CH 2021,
, who is personally known to me to or who
as identification, and who did (did not)
Notary Stamp:
1410 ALICIA C. ALVAREZ
MY COMMISSION # HH22571
"Focad� EXPIRES: September 18, 2024
My Commission Expires: S Tk / D 7 hi
Page 3 of 6
Folio No.:01-4104-000-0300
Location: 430 SW 31 Avenue, Miami, FL 33135
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: (Two witnesses or corporate seal required by
Florida I aw)
•
Kg, tee/C$
Signature of Witn.gnature of GRANTOR
o leru4 FaZaCr
Omaira Graj ales
Print/Type Name of Witness Print/Type GRANTOR Name
Muvw 41/cyts
Print/Type Name of Witness
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of E✓'physical presence
or online notarization, this 22 day of ,,',t C/f 2021,
by / U 7-12 ftU QYI� t CH�ll!/ a,( /�lil.I/ f 1, who is personally known to me to or who
has produced TA i '& /-I an 4-6 as identification, and who did (did not)
takelan oath.
a,-* at •
(Signature)
.410e A-10.(-1-1
(Print/Type Name)
Notary Stamp:
exkto ALICIA C. ALVAREZ
MY COMMISSION # HH22571
N00,0EXPIRES: September 18, 2024
My Commission Expires: .S krib' /Qi �62''
Page 4 of 6
Folio No.:01-4104-000-0300
Location: 430 SW 31 Avenue, Miami, FL 33135
GRANTEE:
City of Miami, a municipal
corporation of the State of Florida
ATTEST:
Todd Hannon, City Clerk Arthur Noriega V, City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Victoria Mendez
City Attorney
Ann -Marie Sharpe, Director
Risk Management Department
Page 5 of 6
Folio No.:01-4104-000-0300
Location: 430 SW 31 Avenue, Miami, FL 33135
EXHIBIT "A"
LEGAL DESCRIPTION AND SKETCH
Page 6 of 6
SKEVO 111-0 ACCOM AN
LEH GLIN.L DEsciF-tIrP rt rQNJ
PERPETUAL EASEMENT
EXHIBIT "A"
GRAPHIC SCALE
0 15 30
1 inch = 30 ft.
TRACT A
MIRTA GARDENS
(P.B.105, PG. 20)
WLAND DESCRIBED IN
ARRANTY DEED RECORDED
IN O.R.B. 15845, PG. 83
NOT -SUBDIVIDED
N 1/2, NW 1/4, SW 1/4,
SE 1/4, SEC. 4
S LINE N 1/2, NW 1/4, SW
1/4, SE 1/4, SEC. 4-54-41
BLOCK 10
CORAL NOOK
(P.B. 8, PG. 115)
IR/W LINE
R=100.00'
L=15.28'19"
L=27.00'
R=25.00'
A=66'25'19"
L=28.98'
N S.W. 5TH ST 70
N
u7
R=100.00'
L=27.20'51 "
L=47.73'
I W
25'
N87.40'22"E
27.00' 1-0 - 23'
R= 25.00'
A=66 25'19"
L=28.98'
PRC
Lu
2 L.] ~ 74
25 I -I RW w to
1.0 I-V�
• o�w
tn
o Z
Jam\
w1O
EASEMENT
SE CORNER OF N 1/2,
NW 1/4, SW 1/4, SE
1/4, SEC. 4-54-41
79.63' S87.40'22"W
N LINE S 1/2, NW 1/4, SW
1/4, SE 1/4, SEC. 4-54-41
S LINE N 2', S 1/2, NW 1/4, SW
1/4, SE 1/4, SEC. 4-54-41 AND
THE E'LY PROLONGATION THEREOF
R/W LINE
A PORTION OF BLOCK 10,
CORAL NOOK, P.B. 8, PG. 115
S 1/2, NW 1/4, SW 1/4, SE 1/4, SEC. 4-54-41
23'
a
BLOCK 3
CORAL NOOK
(P.B. 8, PG. 115)
A PORTION OF BLOCK 10, CORAL
NOOK, P.B. 8, PG. 115 EXCLUDED
IN WARRANTY DEED RECORDED IN \
O.R.B. 15845, PG. 83
P.O.B. INTERSECTION OF THE S
C)i LINE OF N 2', S 1/2, NW 1/4, SW
1/4, SE 1/4, SEC. 4-54-41 AND
THE E'LY PROLONGATION THEREOF
WITH THE E LINE OF THE W 2' OF
E 1/2, SW 1/4, SE 1/4, SEC.
4-54-41
� 3
Lod31',8
w
oIN
cn, 0
mIZ W LINE E 1/2, SW 1/4,
SE 1/4, SEC. 4-54-41
E 1/2, SW 1/4, SE 1/4, SEC. 4-54-41
DATE: Aug 26, 2020 - 11:18am EST FILE: F:\SURVEY\PROJECTS\86000's\86908 TRACE CONSULTANTS CORAL NOOK CIRCLE SKETCH TO ACCOMPANY LEGAL DESCRP00N\2. CAD\2. DWG\86908_diginol signature.dwg
THIS
SKETCH
TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT.
DRAWING No. 2320-SS-19
FIELD BOOK: N/A
PROJECT: CORAL NOOI< CIRCLE THIS IS NOT A SURVEY
DATE:
08/21/20
REV DATE:
BEC ORDER #
03-86908
SHEET DRAWN BY
2 OF 3 WH
BISCAYNE SURVEYORS
ENGINEERS
PLANNERS
ENGINEERING • SINCE 1898 • E-MAIL: INFO@BISCAYNEENGINEERING.COM • WEBSITE: WWW.BISCAYNEENGINEERING.COM
CLIENTTrace Consultants, Inc.
529 W. FLAGLER ST, MIAMI, FL 33130
TEL. (305) 324-7671
449 NW 35TH ST, BOCA RATON, FL 33431
TEL. (561) 609-2329
SWE1POIT 1110 A 2C2O NIE A J TY
LE iraL DELSJCRiell1P r0N
PERPETUAL EASEMENT
ABBREVIATIONS: EXHIBIT "A"
BEC = BISCAYNE ENGINEERING COMPANY
E = EAST
E'LY = EASTERLY
L = ARC LENGTH
N = NORTH
NW = NORTHWEST
O.R.B. = OFFICIAL RECORDS BOOK
P.B. = PLAT BOOK
PG. = PAGE
P.O.B. = POINT OF BEGINNING
PNT = POINT OF NON TANGENCY
PRC = POINT OF REVERSE CURVATURE
PT = POINT OF TANGENCY
PSM = PROFESSIONAL SURVEYOR AND MAPPER
R = RADIUS
R/W = RIGHT OF WAY
RGE. = RANGE
SEC. = SECTION
S = SOUTH
SE = SOUTHEAST
SW = SOUTHWEST
TWP. = TOWNSHIP
W'LY = WESTERLY
= CENTERLINE
= DELTA / CENTRAL ANGLE
ENG
GRAPHIC SCALE
0 50 100
1 inch = 100 ft.
f
� j EASEMENT
SW/4TH ST
r
SW 31ST AVE
SW 5TH ST
1 I
I�
NOTES: LOCATION SKETCH , SCALE: 1" = 100'
- THE EASEMENT LIES IN SECTION 4, TOWNSHIP 54 SOUTH, RANGE 41 EAST, MIAMI, FLORIDA.
- EASEMENT GEOMETRY SHOWN HEREON IS BASED ON EXHIBIT "A" PROVIDED BY CLIENT (DIAGRAM "SHEET 8" AND DEED "O.R.B. 15845, PG. 83",
IN PDF FORMAT).
- AREA OF THE EASEMENT = 3,908 SQUARE FEET MORE OR LESS.
- THIS IS NOT A SURVEY. LANDS SHOWN HEREON HAVE NOT BEEN ABSTRACTED FOR EASEMENTS, RIGHTS -OF -WAY, OR OTHER MATTERS OF
RECORD.
- BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN AND ARE REFERENCED TO THE WEST LINE OF THE EAST 1/2 OF THE SW 1/4
OF THE SE 1/4 OF SECTION 4, TOWNSHIP 54 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA, HAVING AN ASSUMED BEARING OF NORTH
02'21'05" WEST.
- THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID, AND COMPLETE UNLESS EACH SHEET IS
ATTACHED TO THE OTHERS.
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT THE ATTACHED "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" COMPLIES WITH THE STANDARDS OF PRACTICE
FOR SURVEYING AND MAPPING SET FORTH BY THE STATE OF FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER
5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 5J-17-062, F.A.C.
THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY
ON THE DATE ADJACENT TO THE SEAL
PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY
ELECTRONIC COPIES.
THIS IS NOT A SURVEY
BISCAYNE ENGINEERING COMPANY, INC. 529 WEST FLAGLER STREET, MIAMI, FL. 33130
CERTIFICATE OF AUTHORIZATION LB-0000129
SURVEYOR OF RECORD:
WOLFGANG S. HUECK, PSM FOR THE FIRM
PROFESSIONAL SURVEYOR AND MAPPER No. 6519, STATE OF FLORIDA
DATE: Aug 26, 202^. - 11:18am EST FILE: F:\SURVEY\PROJECTS\86000's\86908 TRACE CONSULTANTS CORAL NOON CIRCLE SKETCH TO ACCOMPANY LEGAL DESCRPT1ON\2. CAD\2. DWG\86908_diginol signature.dwg
THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT.
DRAWING No. 2320-SS-19
FIELD BOOK: N/A
PROJECT: CO F?AL N 001< C I FZC L I THIS IS NOT A SURVEY
DATE:
08/21/20
REV DATE:
BEC ORDER #
03-86908
BISCAYNE
ENGINEERING
SURVEYORS
ENGINEERS
PLANNERS
• SINCE 1898 •
SHEET
1 OF 3
DRAWN BY
WH
CLIENTTrace Consultants, Inc.
529 W. FLAGLER ST, MIAMI, FL 33130
TEL. (305) 324-7671
449 NW 35TH ST, BOCA RATON, FL 33431
TEL. (561) 609-2329
E-MAIL: INFO@BISCAYNEENGINEERING.COM • WEBSITE: WWW.BISCAYNEENGINEERING.COM
sK:E1 teltrr 1JJ0 A cc_)le rP aN y?
L uG�A L EE sciF zpri , Q NJ
PERPETUAL EASEMENT
EXHIBIT "A"
LEGAL DESCRIPTION:
A portion of Block 10, CORAL NOOK, as recorded in Plat Book 8, at Page 115
of the Public Records of Miami —Dade County, Florida, and a portion of the
North one—half (N 1/2) of the Northwest one —quarter (NW 1/4) of the
Southwest one —quarter (SW 1/4) of the Southeast one —quarter (SE 1/4) of
Section 4, Township 54 South, Range 41 East, Miami —Dade County, Florida,
being more particularly described as follows:
BEGIN at the point of intersection of the South line of North 2.00 feet of the
South one—half (S 1/2), of the Northwest one —quarter (NW 1/4) of the
Southwest one —quarter (SW 1/4) of the Southeast one —quarter (SE 1/4) of
said Section 4 and the Easterly prolongation thereof with the East line of the
West 2.00 feet of the East one—half (E 1/2) of the Southwest one —quarter
(SW 1/4) of the Southeast one —quarter (SE 1/4) of said Section 4; thence
South 87°40'22" West, along said South line of the North 2.00 feet of the
South one—half (S 1/2), of the Northwest one —quarter (NW 1/4) of the
Southwest one —quarter (SW 1/4) of the Southeast one —quarter (SE 1/4) of
said Section 4 and the Easterly prolongation thereof, a distance of 79.63 feet
to the point of intersection with a non tangent circular curve concave to the
Southeast having as its elements a radius of 100.00 feet and a central angle
of 27°20'51", a radial line through said point bears North 53°16'38" West from
the center of said curve; thence Northeasterly along the arc of said curve, an
arc distance of 47.73 feet to the point of reverse curvature with a circular
curve having as its elements a radius of 25.00 feet and a central angle of
66°25'19"; thence Northeasterly and Northerly along the arc of said curve, an
arc distance of 28.98 feet to the point of tangency; thence North 02°21'05"
West, a distance of 50.45 feet; thence North 87°40'22" East, along the North
line of the lands described in Warranty Deed recorded in Official Records Book
15845 at Page 83 of the Public Records of Miami —Dade County Florida, and
the Easterly prolongation thereof, a distance of 27.00 feet; thence South
02°21'05" East, along said East line of the West 2.00 feet of the East one—half
(E 1/2) of the Southwest one —quarter (SW 1/4) of the Southeast one —quarter
(SE 1/4) of said Section 4, a distance of 102.00 feet to THE POINT OF
BEGINNING.
Containing 3,908 square feet more or less.
DALE: Aug 26, 2020 — 11:18am EST FILE: F:\SURVEY\PROJECTS\86000's\869D8 TRACE CONSULTANTS CORAL NOOK CIRCLE SKETCH TO ACCOMPANY LEGAL DESCRP90N\2. CAD\2. 0WG\86908_diginal signature.dwg
THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS VALID ONLY WHEN ALL SHEETS ARE COMBINED, FORMING THE COMPLETE DOCUMENT.
DRAWING No. 2320-SS-19
FIELD BOOK: N/A
PROJECT: CO RA I_ N 001< C I FZC L. E THIS IS NOT A SURVEY
DATE:
08/21/20
REV DATE:
BEC ORDER #
03-86908
SHEET
3 OF 3
BISCAYNE
ENGINEERING
SURVEYORS
ENGINEERS
PLANNERS
• SINCE 1898 •
DRAWN BY
WH
CLIENTTrace Consultants, Inc.
529 W. FLAGLER ST, MIAMI, FL 33130
TEL. (305) 324-7671
449 NW 35TH ST, BOCA RATON, FL 33431
TEL. (561) 609-2329
E-MAIL: INFO@BISCAYNEENGINEERING.COM • WEBSITE: WWW.BISCAYNEENGINEERING.COM