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HomeMy WebLinkAboutExhibitPrepared by and return recorded copy to: City of Miami Department of Resilience and Public Works Attention: Juvenal Santana, Jr., P.E., C.F.M., Director Department of Resilience and Public Works 444 SW 2nd Avenue, 8th Floor Miami, FL 33130-1910 Location: 2200 NW 1ST AVENUE, MIAMI, FL 33127 Folio No.: 01-3125-049-0040, 01-3125-049-0020 01-3125-049-0060, 01-3125-049-0050 PERPETUAL EASEMENT THIS EASEMENT made this ?6` 'day of 1-1A/ , 2025 by FBWS DEVELOPMENT SENIOR LLC, a Delaware Limited Liability Company, whose address is 2200 NW 151 Avenue, Miami, FL 33127, ("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, Grantor is the owner of fee simple title in and to the property described in Exhibit "A" (the "Property"1 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 Tying in Miami -Dade County, Florida, viz: SEE LEGAL DESCRIPTION AND SKETCH ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN AS EXHIBIT "B". 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. Perpetual Sidewalk Easement Page 1 of 11 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 Perpetual Sidewalk Easement Page 2 of 11 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 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. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (Whether by facsimile, PDF, or other electronic transmission), which signature shall be binding on the party whose name is contained therein. [signature page follows] Perpetual Sidewalk Easement Page 3 of 11 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: W itness: Ofjidta. Sh11.444/Y Print Name: 1 S/./q Af M f Address: 67-12o bOrtiftwhi S#. Forert Wits, N y 1137 S Witness: tua Print Name:—r 15-o2 . U1hrs IN 4117 a)N'f 11105 Address: STATE OF:11-0-0 COUNTY OF: GRANTOR: FBWS DEVELOPMENT SENIOR LLC, a Delaware Limited Liability Company Authorized Signatory The foregoing instrument was acknowledged before me by means of 1Ephysical presence or ❑ online notarization, this /6 1day of - 2025, A.D., by Winston Fisher, Authorized Signatory for FBWS DEVELOPMENT SENIOR LLC, a Delawere Limited Liability Company, who is ..personally known to me or who has produced as identi1 tiiron-.— [Notary Seal] otary Public ARLEEN RIVERA Notary Public - State of New York No. 01 RI6203708 Qualified in Queens County My Commission Expires April 13, 204 dei-gLe-e-tv Ad veseA Name typed, printed or stamped My Commission Expires: 1///3J 1 Perpetual Sidewalk Easement Page 4 of 11 CITY OF MIAMI, a municipal ATTEST: corporation of the State of Florida By: By: Todd B. Hannon, City Clerk Arthur Noriega, V, City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: George K. Wysong III, City Attorney David Ruiz, Interim Director Department of Risk Management Perpetual Sidewalk Easement Page 5 of 11 EXHIBIT A LEGAL DESCRIPTION Parcel I: Lots 3, 4, 10 and 11, Block 3, of JOHNSON & WADDELL RESUBDIVISION (also known as Resubdivision of Block No. 3 of Johnson & Waddell Addn for Sue B. Johnson), according to the Plat thereof, as recorded in Plat Book 3, Page 171, together with the East 1/2 of the vacated alley lying adjacent to Lots 3 and 4, Block 3, the West 1/2 of the vacated alley lying adjacent to Lots 10 and 11, Block 3, vacated by Ordinance recorded in Official Records Boo 29757, Page 1686, all of the Public Records of Miami - Dade County, Florida. Parcel II: Lots 5, 6 and 7, Block 3, of JOHNSON & WADDELL RESUBDIVISION (also known as Resubdivision of Block No. 3 of Johnson & Waddell Addn for Sue B. Johnson), according to the Plat thereof, as recorded in Plat Book 3, Page 171, together with the East 1/2 of the vacated alley lying adjacent to Lots 5. 6 and 7, Blok 3, vacated by Ordinance recorded in Official Records Bok 29757, Page 1686, all of the Public Records of Miami -Dade County, Florida. Parcel III: Lots 8 and 9, Block 3, of JOHNSON & WADDELL RESUBDIVISION (also known as Resubdivision of Block No. 3 of Johnson & Waddell Addn for Sue B. Johnson), according to the Plat thereof, as recorded in Plat Book 3, Page 171, together with the East 1/2 of the vacated alley lying adjacent to Lots 8 and 9, Block 3, vacated by Ordinance recorded in Official Records Book 29757, Page 1686, all of the Public Records of Miami -Dade County, Florida. Perpetual Sidewalk Easement Page 6 of 11 EXHIBIT B PERPETUAL SIDEWALK EASEMENT SKETCH AND LEGAL DESCRIPTION Perpetual Sidewalk Easement Page 7 of 11 A B 0 D 134td St z 22rt1,r ti M 22nd St Inn 23id St SITE NW 210 St PROJECT LOCATION MAP SCALE; NOT TO SCALE acrAa t Corportation, HERE LEGEND AND ABBREVIATIONS NO. — NUMBER AVE — AVENUE ST — STREET CT — COURT S.F. — SQUARE FEET R/W — RIGHT-OF-WAY A — ARC LENGTH R — RADIUS D — DELTA ANGLE M — MONUMENT LINE — CENTER LINE SURVEYOR'S CERTIFICATION HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALSO, THIS SURVEY MAP COMPLIES WITH THE STANDARDS OF PRACTICE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN RULE 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, \\\11l111 f 1 !I%/// FLORIDA STATUTES. \�\\\ 0�AN 4 f //, AV%-ense NU ` p 112 LS8558 ..� - - , — -� t BRYAN A. MERRITT i go '� STATE OF .' tpa� PROFESSIONAL SURVEYOR AND MAPPER <'' d>. �' /c(0R`Dt"''�aLICENSE NUMBER LS6558 4. \ LANGAN rVel\~//`SuOGNERIGANTIROMENTALRVICE,LC //\ LENSED BEER 2OF FLORIDAS/I 1111l111\�� THIS DOCUMENT HAS BEEN DIGITALLY SIGNED AND SEALED BY THE ABOVE NAMED PROFESSIONAL SURVEYOR AND MAPPER USING A CRYPTOAPI PRIVATE KEY IGC DIGITAL CERTIFICATE. *r I 1- 1 CL PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED, THE AUTHENTICATION CODE MUST BE VERIFIED ON ALL ELECTRONIC COPIES. THIS IS NOT A SURVEY. LANGAN Langan Engineenng and Environmental Services, LLC 15150 NW 79th Coot, Sure 200 Matti Leku, FL 33016 T: 786.284.7200 F: 786.264.7201 www.Iangan.wm FRPE N0. 0001/I.98177A BIllea ACCESS EASEMENT 2200 NW 1ST AVENUE MIAMI MIAMI-DADE COUNTY FI ORIDA Drowlno Title LEGEND AND ABBREVIATIONS Project No. 300280101 Date 01/31/2025 Drown By MI. Checked By BAM Drawing No. VBOO1 Sheet 1 of z z v Project No. 300280101 (D2025 Langan Date: 1/31/2025 Time. 10:42 User: mlondono Style Table: Langan. sib Layout. SHEET1-Legend-LocMap-Sign Document Cade 300250101-0403-YB001-0101 LEGAL DESCRIPTION THAT PORTION OF LOTS 7 AND 8 AND THE ALLEY, IN BLOCK 3, OF "JOHNSON & WADDELL RE -SUBDIVISION', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 171 OF THE PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE SOUTH 3 FEET THEREOF. SAID EASEMENT ENCOMPASING AN AREA OF 684 SQUARE FEET OR 0.016 ACRES, MORE OR LESS. THIS IS NOT A SURVEY LANGAN Langan Engineenng and Environmental Services. LLC 15150 NW 79th Court, Suite 200 Miami Lakes, FL 33016 T.786.264.7200 F.786.264.7201 www.langan.com FBPE NO 85010a17yLp81911 Project ACCESS EASEMENT 2200 NW 1ST AVENUE MIAMI MIAMI-DADE COUNTY FLOR OA Draw.ng Ttle DESCRIPTION Project No. 300280101 Dote 01/31/2025 prawn By ML Checked By BAM Orowing No. VB00I Sheet 2 of 4 Project No. 300280101 OO 2025 Langan Dale 1/31/2025 Time 10.42 User mlondono Style Tabie. Langanstb Layout' SHEET 2-Legal Description Document Code. 300280101-0403-VB001-0102 i i N 4� 50 0 25 50 SCALE: 1 INCH = 50 FEET 12 LOT 11 UTILITY EASEMENT RESERVED 75�V©G56 R. B. 2PE16 3 LOT 4 LOT 5 JOHNSON & WADDELL RE-SUBDI VISION PLAT BOOK PAGE 171 LOT 6 LOT 9 RIGHT OF WAY DEDICATION LOT 8 235.93' 212.18' R�Z5.U0' A-12.37' D.28'21'27* THIS IS NOT A SURVEY. lrj 12' PARCEL 1 BLOCK 3 RIDEDI dTY, ION ACCESS LOT 7 EASEMENT AREA=684 S.F.t 0.016 ACRES t SOUTH LINE BLOCK 3 NW 22ND 5 -4T WY RAO R-25. KY A-12.37' D.28*21'27* II 0' L I 30' I 60' EAST LINE BLOCK 3 30' LANGAN Langan Engineering and Environmental Services. LLC. 15150 NW 79th Court, Sub 200 Miami Lakes, FL 33016 T: 786.284.7200 F: 786.264.9201 www.langan.00m FBPE M. 6501AB8172ABB198 Project ACCESS EASEMENT 2200 NW 1ST AVENUE MIAMI MIAMI-DADE COUNTY FLORIDA Dra rig TiUe SKETCH Project No. 300280101 Date 01/31/2025 Drown By ML pecked By Drawing No. VB001 BMA Sheet 3 of 4 Project No. 300280101 Date, 1/31/2025 Time, 10.42 User mkondono Style Table: Langan.stb Layout: SHEET 3-Sketch Document Coe 300260101-0403-VB001-0103 SURVEYOR'S NOTES 1. LINEAR UNITS ARE SHOWN IN U.S. SURVEY FEET. 2. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1"=50' OR SMALLER. 3. THERE MAY BE EASEMENTS RECORDED IN THE PUBLIC RECORDS NOT SHOWN UPON THIS SKETCH AND LEGAL DESCRIPTION. 4. THIS SKETCH AND LEGAL DESCRIPTION DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR DEVELOPMENT RESTRICTIONS ON LANDS ADJACENT TO THE SKETCH AND LEGAL DESCRIPTION LINES. 5. SKETCH AND LEGAL DESCRIPTION AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 6. ADDITIONS OR DELETIONS TO THIS SKETCH AND LEGAL DESCRIPTION BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7. NO CONDITIONS WERE ENCOUNTERED THAT PREVENTED FLORIDA ADMINISTRATIVE CODE 5J-17 FROM BEING MET. THIS IS NOT A SURVEY. LANGAN Langan Engmeenng and Environmenlal Services, LLC. 15150 NW 79th Coup, Suite 200 Miami Lakes, FL 33015 T: 766.254.7200 F: 786.264.7201 www.langan.aom FSPE N0, Ea01fLda177 05l98 ProjACect CESS EASEMENT 2200 NW 1ST AVENUE MIAMI MIAMI-DADE COUNTY FLORIDA Drawing Tltle NOTES Project No. 300280101 Dote 01/31/2025 Drawn By ML Checked By BAM Drawing No. VB001 Sheet 4 of 4 Project No. 300280101 Date. 1/31/2025 Time. 10:42 User mlondono Style Table: Langan stb Layout: SHEET 5-Notes Document Code 300250101-0403-VB001-0104