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HomeMy WebLinkAboutBack-Up DocumentsThis instrument prepared by, and after recording please return to: Carli Koshal, Esq. Bercow Rade11 Fernandez Larkin & Tapanes, PLLC 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 ACCESS EASEMENT AGREEMENT On this day of , 2024, CG Miami River, LLC, a Delaware limited liability company, whose address is 2800 Biscayne Boulevard, Suite 500, Miami, FL 33137, ("Grantor"), in and for the consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations, the receipt whereof is hereby acknowledged, does hereby grant and convey to the CITY OF MIAMI, a Florida Municipal Corporation, whose address is 444 SW 2 Avenue, Miami, FL 33130 ("Grantee" or "City"), its successors and assigns, a non-exclusive pedestrian and vehicular easement ("Easement Agreement") for the ingress and egress of pedestrians and vehicles over, and upon the following described real property ("Property" or "Easement Area") located in the City, to -wit: SEE EXHIBIT "A" ATTACHED and provided that the Grantor shall not erect or place any building or tree obstructing the above - described Property; however, Grantor shall have the right to improve the Property for its own use and needs as long as it allows pedestrian and vehicular access as provided in the City' s Charter, Codes and Regulations. 1. Grantor hereby represents that it is the fee simple owner of the Property. 2. Pedestrian and Vehicular Access. Grantor may, for its own purposes, utilize the Property and shall retain rights of free ingress and egress for construction, use, maintenance, relocation, addition to, and repair over and upon the Property; provided that, once fully constructed, 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 pedestrian and vehicular ingress and egress thereunder. Grantor shall maintain and keep in good repair the Property for its intended uses, except as otherwise provided herein or approved by City from time to time. Grantor shall maintain and keep in good repair the Easement Area and shall not cause any obstruction or blocking of the Easement Area without express written permission or approval by the City through its Department of Resilience and Public Works, except as provided in this Easement Agreement. 3. Construction of the Easement Area. Grantor and the City acknowledge that Grantor, its successors, heirs, or assigns, will develop the Easement Area in phases, as described in the Miami River Special Area Plan Development Agreement, recorded in the Public Records of Miami -Dade County at Official Records Book 29976, Pages 189-228. While it is intended that the entirety of the Easement Area will ultimately be open to the public, the rights conveyed 1 by this Easement Agreement shall only apply to portions of the Easement Area which have been constructed and completed, as confirmed by finalization of a permit which includes the design and details of that portion of the Easement Area. Further, notwithstanding anything to the contrary in this Easement Agreement, Grantor shall have the right to temporarily partially or completely close the Easement Area in connection with construction of an abutting phase , for a period of time as determined by the Director of Resilience and Public Works. 4. Use of the Easement Area. Grantor reserves the right to grant other easements within the Property, and to use the Property primarily for Grantor' s own benefit , provided such other easements and uses within the Property shall not infringe upon, or encroach into or upon the City's rights conveyed by this Easement Agreement. Specifically, but without limitation, and provided approved by the appropriate departments, boards and/or agencies of the City, Grantor shall have the right within the Property (a) to grant utility easements, (b) to install, maintain, repair, and replace utility facilities, (c) to install, maintain, repair and replace improvements (including pavers and landscaping) upon approval and permits issued by the city, and (d) to make such other reasonable alterations or modifications. Notwithstanding the foregoing, Grantor shall not grant other easements or use the Property in such a matter as to prevent or materially interfere with Grantee's use of the Property as granted hereby. Further, notwithstanding anything to the contrary in this Easement, Grantor shall have the right to temporarily partially or completely close the Property (each being a "Closure") in connection with the maintenance, repair, improvement, alteration or modification of the Easement Area, for a period of time as determined by the Director of Resilience and Public Works. 5. Successors. 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. 6. Amendment and Modification. This Easement shall be released, relocated or amended by the Grantor, at Grantor's expense, and with the approval of the Director of the City of Miami Department of Resilience and Public Works, or designee, and in conformance with the City's Charter, Codes and Regulations, whose approval shall not be unreasonably withheld, conditioned, or delayed, as evidenced by a written document in recordable form. 7. Recording. This Easement shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Grantor. Grantor shall furnish a copy of the recorded Easement to the Department of Resilience and Public Works, with a copy to the City's Department of Resilience and Public Works, within thirty (30) days of recordation. 8. Severability. Invalidation of any of these provisions by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 9. Counterparts/Electronic Signature. This Easement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Easement. The parties shall be entitled to sign and transmit an electronic signature of this Easement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Easement upon request. 2 [Signature Pages Follow] 3 IN WITNESS WHEREOF, the GRANTOR has executed this instrument on the day of , 20 Signed, sealed, and delivered in the presence of two (2) witnesses or corporate seal as required by Florida Law. CG Miami River LLC, a Delaware limited liability company By: Print Name: V`C\Pa.1.02- Title: V\ 21fr"b2CN- ' Print Name: m C, h t- l V 5 S STATE OF NEW JERSEY COUNTY OF BERGEN The foregoing instrument was acknowledged before me by / hysical presence OR online notariz tioil this f day of 20'by on behalf of the entity, who ( is personally known to r e or ( ) has produced as identification. NOTARY SEAL JUANA LORA Commission N 50181633 Notary,public, State'of New Jersey My Commission Expites t,nuary 06, 2027 NOTARY PUBLI , TATE O • "_ ! / G Prir'ted Name: My Commission Expires: 4 The foregoing Access Easement and all of its agreements, terms, conditions and representations contained herein are hereby accepted at the City of Miami, Florida. ACCEPTED BY THE CITY OF MIAMI By: Print Name: Director of Public Works Department Date: , 20 . Approved as to form and legal sufficiency on this day of 20. City Attorney 5 SKETCH TO ACCOMPANY LEGAL DESCRIPTION EASEMENT tch 8 Legol 2n6aa3712ll6aa37 SV PS avenue SW 4TH ST 1 ')<Y SW 5TH ST SW 6TH ST 2 H rn co W F- z SW 7TH ST EASEMENT 0 z N> LOCATION MAP (NOT TO SCALE) PERTINENT INFORMATION USED FOR THE PREPARATION OF THIS DOCUMENT: The Legal Description of the Subject Parcel was generated from the following documents: 1.) Plat of "MIAMI", ecorded in Plat Book B, at Page 41 of the Public Records of Miami -Dade County, Florida. 2.) Boundary Survey, prepared by Longitude Surveyors, LLC., Project No. 21 168.0.24. 3.) CAD and *.pdf files provided by client. 4.) City of Miami Atlas Sheet No. 36P. Bearings shown hereon are based upon the Centerline of S.W. 6th Street, with an assumed bearing of S 87°52'10" W, said line to be considered a well established and monumented line. RESTRICTIONS: Since no other information were furnished other than what is cited in the above pertinent information used for the preparation of this document, the Client is hereby advised that there may be legal restrictions on the subject property that are not shown on this Sketch or contained within this report that may be found in the Public Records of Miami -Dade County, Florida or any other public and private entities as their jurisdictions may appear. This document does not represent a field boundary survey of the described property, or any part or parcel thereof. SURVEYOR'S CERTIFICATE I hereby certify: That the Legal Description and Sketch of the subject area described hereon was made under my supervision and that the Legal Description and Sketch meets the Standards of Practice set forth by the Florida Board of Professional Land Surveyors and Mappers in Chapter 5J-17. Florida Administrative Code pursuant to Section 472.027, Florida Statutes, and that the sketch hereon is correct to the best of my knowledge and belief, subject to notes and notations shown hereon. This sketch shown is not a land survey. LONGITUDE SURVEYORS LLC., a Florida Limited Liability Company Florida Certificate of Authorization Number LB7335 Digitally signed by Eduardo M Suarez Date: 2024.05.23 By: ' 15:21:54 -04'00 Eduardo M. Suarez, PSM Registered Surveyor and Mapper LS6313 State of Florida No.6313 STATE OF FLORIDA NOTICE: Not valid without the digital signature and seal and/or the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions by other than the signing party are prohibited without the written consent of the signing party. THIS IS NOT A SURVEY NOTICE: This document is not valid, full and complete without all pages. LONGITUDE SURVEYORS 7700 N KENDALL DRIVE, SUITE 705, MIAMI, FLORIDA 33156 * PHONE:(305)463-0912 * WWW.LONGITUDESURVEYORS.COM Date 5/3/24 JOB No. 21168.0.37 PAGE 1 OF 3 SKETCH TO ACCOMPANY LEGAL DESCRIPTION EASEMENT LEGAL DESCRIPTION: Those portions of Lots 1, 2, 3, 10 and 11, of Block 38S of "MIAMI", according to the plat thereof, as recorded in Plat Book B, Page 41 of the Public Records of Miami -Dade County, Florida, being an 18.00 feet wide strip and 9.00 feet on each side of the following described center line: COMMENCE at the Southwest Corner of said Lot 11; thence N 87°52'10" E, along the South Line of said Lot 11, also being the North Right of Way Line of S.W. 6th Street, a distance of 3.25 feet to the POINT OF BEGINNING of the aforementioned center line; thence N 02°10'00" W, a distance of 236.56 feet, to the point of curvature of a circular curve,concave to the Southwest, and having a radius of 88.00 feet; thence Northerly and Northwesterly, along said curve to the left, through a central angle of 45°03'39", for an arc distance of 69.21 feet, to the point of intersection with the North Line of said Lot 3, also being the South Right of Way Line of S.W. 5th Street, said point of intersection is the POINT OF TERMINATION of said center line. The sides of said strip are lengthened and shortened as necessary to the points of intersection with the South Right of Way Line of S.W. 5th Street, and the North Right of Way Line of S.W. 6th Street. TOGETHER WITH: That portion of the external area of a circular curve lying within said Lot 10, being concave to the Northwest, having a radius of 23.50 feet, being tangent to the West Line of the aforesaid Strip, and being tangent to a line that is 13.50 feet South of, and parallel with the North Right of Way Line of S.W. 6th Street. TOGETHER WITH: That portion of the external area of a circular curve lying within said Lot 11, being concave to the Northeast, having a radius of 23.50 feet, being tangent to the East Line of the aforesaid Strip, and being tangent to a line that is 13.50 feet South of, and parallel with the North Right of Way Line of S.W. 6th Street. Containing approximately 5,521 square feet. NOTICE: This document is not valid, full and complete without all pages. THIS IS NOT A SURVEY LONGITUDE SURVEYORS Date 5/3/24 JOB No. 21168.0.37 PAGE 2 OF 3 7700 N KENDALL DRIVE, SUITE 705, MIAMI, FLORIDA 33156 * PHONE:(305)463-0912 * WWW.LONGITUDESURVEYORS.COM SKETCH TO ACCOMPANY LEGAL DESCRIPTION EASEMENT 20 40 cN N S.W. 5th STRE SCALE 1" = 40' LOT 5 (P. N 87°52' 10" E N 87°52' 10" E — ET 25.95' LS. R/W LINE, S.W. 5th STREET N. LINE LOT 3 LOT 4 "MIAMI" B. B, PG. 41) LOT 8 W. LINE, LOT 11 10 P.O.C. S.W. CORNER, LOT11 S. LINE LOT 11 LEGEND: R = RECORD C= CALCULATOR P.B. = PLAT BOOK PG. = PAGE R/W = RIGHT OF WAY = CENTER LINE R = RADIUS L = LENGTH OF CURVE P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.O.T. = POINT OF TERMINATION 11 LOT 9 CENTER LINE OF EASEMENT P.N.T. R=88.00' D=45°03'39" L=69.21' R=79.00' D=52°09'08" L=71.91' P.O.T. 50' PUBLIC RIGHT-OF-WAY P.N.T. .P• LOT 3 9.00 d0 GTti R=97.00' D=39°53'32" L=67.54' P.C. LOT 2 9.00' LOT 1 N 87°52' 10" P.O.B. 3.25' �,lf L N. R/W LINE, S.W. 6th STREET DETAIL "A" (NOT TO SCALE) O.R.B. = OFFICIAL RECORDS BOOK P.C. = POINT OF CURVATURE P.T. = POINT OF TANGENCY P.N.T. = NON -TANGENT POINT OF INTERSECTION D = DELTA/CENTRAL ANGLE/INTERIOR ANGLE = CITY OF MIAMI MONUMENT LINE LOT 10 R=23.50' D=25° 13'05" L=10.34' U N 7 9.00' P.T / w -47 r 9.00' P. LOT 11 CENTER LINE OF EASEMENT R=23.50' D=25°08'54" L=10.31 ' LOT 12 BLOCK 38S —N. R/W LINE, S.W. 6th STREET LOT 13 P.N. . I°.N.T. roi 0? SEE DETAIL "A"�tS 87°52'10° w a "' S.W. 6th STREET 22.47' NOTICE: This document is not valid, full and complete without all pages. S 87°52' 10" W 1 50' PUBLIC RIGHT-OF-WAY THIS IS NOT A SURVEY -L �NGITUDE SURVEYORS Date 5/3/24 JOB No. 21168.0.37 PAGE 3 OF 3 7700 N KENDALL DRIVE, SUITE 705, MIAMI, FLORIDA 33156 * PHONE:(305)463-0912 * WWW.LONGITUDESURVEYORS.COM