HomeMy WebLinkAboutBack-Up DocumentPrepared by:
Ignacio B Sarmiento
Florida Power & Light Company
Corporate Real Estate
P.O. Box 14000
Juno Beach, Florida 33408
NON -DISTURBANCE AGREEMENT
This Non -Disturbance Agreement ("Agreement") is made this
and between the City of Miami, a municipal corporation of
Florida Power & Light Company, a Florida corporation ("F
, 2022 by
"Owner") and
WHEREAS, Owner owns certain real property ed i -Dade County, Florida and
more particularly described as follows:
TRACT "B" OF "MOORE ;PARK" ACCOI ! TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 86, E 45 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FL '"i RIDA.
WHEREAS, FPL is t - grantee under that certain utility easement granting FPL easement
rights over the Property re . in the Officiab Record Book 28859 at Page 3531 of the Public
Records of Miami -Dade / ty, Florida the "Utility
Easement"); and
WHEREAS, a p► tin of the propos�i owned by Owner and located an the Property
encroach into the Utility ement (the "Encroachment") as reflected on the drawing attached
hereto as E it "A" hereto ade a part hereof; and
within the
REAS, FPL is agrees
tility Easement.
Utility Easeme
the Encroachment remaining in their present location
not desire to release any easement rights it may have in and to the
WHEREAS, er and FPL wish to commemorate their agreement that the Encroachment
remain in place within the Utility Easement.
NOW, THEREFORE, in consideration of the foregoing and the promises contained herein,
the parties agree as follows:
1. The parties agree that the foregoing recitals are true and correct and are incorporated
herein by reference.
2. FPL agrees, for itself, its successors and assigns, that the Encroachment may remain
within the Utility Easement at the locations presently shown on the drawing attached hereto as
Exhibit "A". FPL further agrees that in the event the Encroachment is destroyed, damaged or in
need of replacement, replacement of the Encroachment may be installed or constructed at the
location of the Encroachment within the Utility Easements provided that any replacement
Encroachment does not expand the area of encroachment within the Utility Easement.
3. Owner, for Owner and Owner's grantees, successors, heirs
construct no improvements within the Utility Easement other than the Ener
Encroachment in the locations shown on the attached Exhibit "A".
assigns, agree to
ent or replacement
4. Owner agrees to grant utility easements, find alt- e r and pay for all
reasonable costs and expenses incurred by FPL, including alter :ti e easeme d any necessary
relocation costs, as determined by FPL in its sole discretio • e event that sting electric
facilities in the Utility Easement become inadequate to de electric service an. .lternative
route is required in FPL's sole discretion in order to prs electric 'ce.
5. Owner, its successors, grantees, heirs and asst. ! wner Entities"), is responsible
for and assumes all risks and liabilities, whether known or unknown, from their activities within the
Utility Easement, and agrees to indemnify defend and hold harmless FPL, its parent, subsidiaries,
affiliates and their respective officers, directors and employees (colltively, the "FPL Entities")
from any and all claims, lawsuits, cross -claims, actions, damages and expenses asserted against
and/or incurred by FPL or any of the FPL Entities, including injury and death to persons and
damage to property, associated with the Owner Entities' exercise of rights under this Agreement,
whether due to or caused, i le or in part, by the negligence of FPL except to the extent a court
of competent jurisdiction .11y determines that such bodily injury (including death) or property
damage was caused by the gross negligence rr will wanton or intentional misconduct of FPL.
6. FPL and Owner - that this Agreement shall be binding upon and inure to the benefit
of the parties ereto and their resaktive heirs, successors, grantees and assigns.
WITNESS WHEREOF, the undersigned has duly executed and delivered this
Agree on this day of , 2022.
[Remainder of page intentionally left blank; Signature pages and Acknowledgements follow]
Page 2
Signed, sealed and delivered
our presence as witnesses:
C ,
Print Name:
74✓r,
FLORIDA POWER & LIGHT COMPANY,
a Florida co i oration
By:
Prin ame: Ignacio B. Sarmiento
Title: Corporate Real Estate Manager
ACKNOWLEDG
STAIL OF FLORIDA }
)ss:
COUNTY OF MIAMI-DADE }
11111111'
The foregoing instrument was acknowle` ged before me by means of Xphysical
presence or ❑ online notarization, thia 7th day of March, 2022, by Ignacio B. Sarmiento, as
Corporate Real Estate Manager of 1~ Iorida Po ` & Light Company, a Florida corporation, on
behalf of the corporation
[NOTARIAL SEA
"lory
Print Nam
Notary Public, State of Florida
Mycommissionexpires:
arr.-Personally Known OR ❑ Produced Identification
Type of Identification
Produced
�-; MIRIAM CORZO GARCIA
Notary Public • State of Florida
Commission # GG 945039
' ?of r5.a`•'' My Comm. Expires Jan 7, 2024
Bonded through National Notary Assn.
Page 3
Signed, sealed and delivered
in our presence as witnesses:
Print Name:
Print Name:
ACKNOWLED
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
OWNER
City of Miami, a municipal corporation
of the State of Flroida
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me by means of LI physical
presence or ❑ online not 'on, this day of , 2022, by
City of Miami, a municipal
corporation of the Stat
of the
lorida on behalf of the c tuaboration.
PMR\AgreementsNNon-Disturbance Agreement
Notary:
Print Name:
Notary Public, State of Florida
My commission expires:
❑ Personally Known OR ❑ Produced Identification
Type of Identification
Produced
Page 4
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF A 10-FOOT FPL EASEMENT, AS RECORDED IN OFFICIAL RECORT BOOK 28859,
AT PACE 3531, OF THE PUBLIC RECORDS OF MIAMI--DADE COUNTY, LYING IN TRACT "B" OF
"MOORE PARK" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 86, PAGE 45,
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT "B"; TH ALON T LINE OF
SAID TRACT "B" SOUTH 02°17'59" EAST FOR 195.62 FEET; E14CE CONTI -OUTH
02°17'59" EAST FOR 13.40 FEET; THENCE SOUTH 22°12'2 ST FOR 4.81 +; THENCE
SOUTH 74°42'59" WEST FOR 11.56 FEET; THENCE SOUTH 3'57" WEST FOR 7 FEET;
THENCE SOUTH 79'42'54" WEST FOR 20.89 FEET; THE OUTH 87°21'09" WES
122.83 FEET; THENCE SOUTH 71°16'53" WEST FOR 2 FEET; TNCE SOUTH 83 .'45"
WEST FOR 34.67 FEET; THENCE SOUTH 81°18'53" WE. FOR 41..10 EET; THENCE
SOUTH 87°03'49" WEST FOR 50.78 FEET; THENCE NOR 72°53'45, WEST
FOR 17.60 FEET; THENCE NORTH 79°39'41" WEST FOR 25.42 FEET: THENCE
NORTH 62°50'44" WEST FOR 17.17 FEET; THENCE SOUTH 04°49'37" EAST
FOR 5.19 FEET; THENCE SOUTH 03°03'38" WEST FOR 18.62 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 03°03'38" WEST FOR 6.70 FEET; THENCE SOUTH
14°05'06" WEST FOR 12.06 FEET; THENE SOUTH 41°06'48" WEST FOR 13.68 FEET;
THENCE SOUTH 72°50'09" WEST FOR 12.74 FEET; THENCE NORTH 80°43'04" WEST FOR
37.71 FEET; THENCE NORTH 76°46'15" WEST FOR 0.62-FEET; THENCE NORTH 12°37'17"
EAST FOR 10.00 FEET; SOUTH 76°46'15" EAST FOR 0.41 FEET; THENCE SOUTH 80°43'04"
EAST FOR 34.98 FEET; THENCE NORTH 72°50'09" EAST FOR 7.5`5 FEET; THENCE NORTH
41°06'48" EAST FOR 8.44 FE THENCE NORTH 14°05'06" EAST FOR 8.69 FEET; THENCE
NORTH 03°03'38" EAST FO• ET; THENCE SOUTH 77°22'43" EAST FOR 10.14 FEET
TO THE POINT OF BEGINN
CONTAINING 755 SQ FEET, M! OR LESS, CALCULATIONS.
Page 1 of 3
JOB: 20044
MATCH UNE
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
EXHIBIT 'A"
0 25 50
SCALE
1" = 50'
587'21'09"'IN
122.83'
,ter W- S"IA°
S 81'18'S3"
41.10'
S 83'20'45" W
34.67'
LEGEND
P8 - PLAT BOOK
PG = PAGE
Q.R.B. = OFFICIAL RECORD BOOK
F.P.L = FLORIDA POWER AND LIGHT
5 7 20.594"
N 62'50'44" W
17.17'
N 79'39'41" W
25.42'
POINT OF COMMENCEMENT
NORTHEAS
CORNER
TRACT "B"
(PB 68 - PG45)
EAST LIN
TRACT "B"
(PB86-PG45)
02'17'59" E
13.40'
S 22'12'25" W
4.81'
S 88'13'57" W
95.67'
N 72'p3'45" W
17.60
S 8T03'49" W
50.78'
LINE
BEARING
DISTANCE
1
S 03'03'38" W
6.70'
2
S 14'05'06" W
12.06'
3
S 41'06'48" W
13.68'
4
S 72'50'09" W
12.74'
5
N 80'43'04" W
37.71'
6
N 76'46'15" W
0.62'
7
N 12'37'17" E
10.00'
8
S 76'46'15°' E
0.41'
9
S 80'43'04" E
34.98'
10
N 72'50'09" E
7.55'
11
N 41'06'48" E
8.44'
12
N 14'05'06" E
8.69'
13
N 03'03'38" E
7.42'
14
S 77'22'43" E
10.14'
z
S 74'42'59" W
11.56'
Page 2 of 3
JOB: 20044
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
EXHIBIT "A"
SOURCES OF DATA:
The Legal Description of the Subject Property was generated from the review of the
following documents as recorded in the Public Records of Miami -Dade County Florida:
1. Plat of "MOORE PARK", recorded in Plat Book 86, at Page 45.
2. 10-foot F.P.L. Easement, recorded in Official Record Book 28859, at Page 3531.
In addition, the following sources of data were used to the extent reed to complete
this document in a defensible manner, that is to say:
a) Sketch prepared by the Client, depicting the location of Zoning' dification parcel.
Bearings as shown hereon are based upon the centerline of NW h St" Extension (Doral
Boulevard), with an assumed bearing of N81°01'35"W, said lin o be c idered a well
established and monumented line.
LIMITATIONS:
Since no other information were furnished other that is c -d in the Sous of Data,
the Client is hereby advised that there may be lerestric . on the subject property
that are not shown on the Sketch or contained with. .is R that may be found in the
Public Records of Miami -Dade County, Florida or any is and private entities as
their jurisdictions may appear.
This document does not represent a field boundary survey `; e described property, or any
part or parcel thereof.
INTENDED USE / EXPRESS PURPOSES:
It is understood by the Surveyor that the intended
portion of the existing 10-foot FPL Easement affe
SURVEYOR'S CERTIFICATE:
I hereby certify that this " ^tch to Accompa`•I''Legal Description," was performed under
my direction and is true orrect tb the best of my knowledge and belief and further,
that said "Sketch to Accom, ny Legal Description," meets the intent of the applicable
provisions of the "Standards of Pr ctice for Land Surveying in the State of Florida",
pursuant to Rule 5J-17.051 throu 5J-17.052 of the Florida Administrative Code and its
implementing law, Chapter. 472.02 of the Florida Statutes.
use of ths document is to depict the
bthexproposed new construction.
HADONNE CORP., a
Florida Certif.
By:
Lda Corporation
'f Authoriza ton
,,,,,,
{ahafn Hov
No.6606
STATE OF
FLORIDA
••'H
Number LB7097
Abraham Hadad, PSM
Professional Surveyor and Mapper LS
State of Florida
HADONNE CORP.
Land Surveyors and Mappers
Certificate of Authorization LB7097
1985 N.W. 88th Court, Suite 101r
Doral, Florida 33172
305.266.1188 phone
305.207.6845 fax
Date: January 31, 2022
Digitally signed by Abraham Hadad
DN: c=US, o=HADONNE CORP.,
dnQua I ifier=A01410D000001788493
78B 10001039C, cn=Abraham Hadad
Date: 2022.01.31 11:21:19-051001
6006
NOTICE: Not valid without the signature and original raised seal of a Florida Licensed
Surveyor and Mapper. Each Sheet as incorporated therein shall not be considered full,
valid and complete unless attached to the others.
Page 3 of 3
JOB: 20044