HomeMy WebLinkAboutExhibit - Grant of Easement(12.10.15)This Instrument Prepared by
Company: City of Miami
Address 444 Southwest 2nd Avenue, Suite 945
Miami, Florida 33130
Folio # 01-3231-061-0040
GRANT OF EASEMENT
I Reserved for Circuit Court
THIS INDENTURE, made this day of
20 , between THE CITY OF MIAMI, a municipal corporation of
the State of Florida, (hereinafter called "GRANTOR"), and MIAMI-DADE COUNTY, a
political subdivision of the State of Florida, whose mailing address is c/o Miami -Dade
Water and Sewer Department, P.O. Box 330316, Miami, FL 33233-0316, hereinafter
called ("GRANTEE");
WITNESSETH:
THAT, the GRANTOR, for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable considerations, the receipt of which is hereby
acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE,
its successors and assigns, forever, the right and privilege of a non-exclusive water
easement on the property of the GRANTOR, shown and described on EXHIBIT "A"
attached hereto and made a part hereof, (hereinafter called the "FACILITIES" or
"EASEMENT") to construct, install, operate and maintain waterline facilities, with the
right to reconstruct, improve, change, and remove all or any of the facilities within the
easement, with the full right of ingress thereto and egress therefiom on the express
condition that it is used for the express purposes provided herein;
The GRANTEE shall regulate the installation and fiiture operations of the
FACILITIES so as not to conflict with normal operations of the GRANTOR; however,
the GRANTEE shall have frill right to enter upon the EASEMENT at any time when
normal operations or emergency repairs of the FACILITIES are required.
Ey acceptance of this instrument, the GRANTEE agrees to indemnify and hold
harmless the GRANTOR from all and against all suits, claims, judgments, and all loss,
damage, costs or charges including attorney's fees and court costs arising directly or
indirectly from the installation or maintenance, repair, use or existence of the
GRANTEE'S FACILITIES within the EASEMENT.. The GRANTEE acknowledges its
liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes.
This indemnification shall survive any cancellation of this agreement.
Any contractors utilized by GRANTEE in connection with activities undertaken
in connection with this waterline EASEMENT shall: (1) indemnify the GRANTOR and
the GRANTEE for negligent, willful or intentional acts or omissions of the contractor and
its subcontractors in connection with any activities undertaken on the Easement Parcel,
and (2) obtain and provide to GRANTOR evidence of comprehensive general liability
insurance and auto liability insurance with minimum limits of coverage in the amount of
$1,000,000.00 per occurrence, bodily and property damage combined and (3) list
GRANTOR and GRANTEE, as additional insured under such contractor's liability
insurance.
The GRANTOR shall be given written notice and the opportunity by the
GRANTEE to attend all preconstruction meetings on installation work of the
FACILITIES within the EASEMENT and shall be notified in writing well in advance of
the actual start of construction within the EASEMENT. It is further understood and
agreed by and between the parties hereto that GRANTOR reserves itself, its heirs and
assigns, all other rights not specifically granted herein, including but not limited to the
right to construct streets, cross and recross said EASEMENT, and the right to erect light
or telephone lines or any other improvements which do not hinder the operation of the
FACILITIES by the GRANTEE on an ongoing basis.
The GRANTEE shall be held responsible for any damage to adjacent property as
a result of the installation and future operation of the FACILITIES, and further, shall
restore all pavement, sidewalks, curb and gutter, existing utilities, and landscaping to a
condition acceptable to the GRANTOR.
The GRANTEE during the course of installation and future operation of the
FACILITIES, shall not encroach beyond the boundaries of the EASEMENT or any other
2
easement that may be granted by the GRANTOR. Should the EASEMENT be abandoned
or discontinued by law or otherwise, or no longer of use for the purposes provided herein
or if the GRANTEE does not comply with any term, covenant or condition of this
instrument, the said EASEMENT shall cease and revert with the right of immediate
possession and right of entry to the GRANTOR or its successors in interest,
The GRANTOR does hereby affirm that it has fiill power and authority to grant
this EASEMENT and GRANTEE accepts the property in "as is" condition.
All notices, requests, consents and other communications required or permitted
under this EASEMENT shall be in writing (including telex and telegraphic
communications) and shall be (as elected by the person giving such notice) hand
delivered by messenger or courier service, telecommunicated, or mailed (airmail if
international) by registered or certified mail (postage prepaid), return receipt requested,
or sent by any form of overnight mail, addressed to:
TO GRANTEE:
Miami -Dade County
Department of Water and Sewer
P.O. Box 330316
Miami, Florida 33233-0316
TO GRANTOR:
CITY OF MIAMI
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
WITH COPIES TO:
City of Miami
City Attorney
444 SW 2 Avenue, Suite 945
Miami, FL 33130
3
City of Miami
Director of Department of Real
Estate and Asset Management
444 SW 2 Avenue, Suite 325
Miami, FL 33130
or to such other address as any party may designate by notice complying with the terms
of this paragraph. Each such notice shall be deemed delivered (1) on the date delivered if
by personal delivery; (2) on the date telecommunicated if by telegraph; (3) on the date of
transmission with confirmed receipt if by telex, telefax or other telegraphic method; (4)
on the date upon which the return receipt is signed or delivery is refused or the notice is
designated by the postal authorities as not deliverable, as the case may be, if mailed; and
(5) one day after mailing by any form of overnight mail service.
Any disputes between the parties under this instrument will be resolved in
accordance with the Florida Governmental Conflict Resolution Act, Ch. 164, Fla. Stat., as
amended from time to time.
[Signatures appear on next page
.19
IN WITNESS WHEREOF, the Grantor herein has caused. these presents to be
executed in its name on the day and year first above written. Attestation of this
EASEMENT by the City Clerk shall constitute evidence of approval by the City of
Miami.
CITY OF MIAMI, a municipal corporation
of the State of Florida
By:
ATTEST:
Todd B. Hannon
City Clerk
Daniel J. Alfonso
City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Victoria Mendez
City Attorney
Ann -Marie Sharpe, Director
Risk Management Department
5
EXHIBIT "A"
LEGAL DESCRIPTION AND SKETCH
SKETCH AND LEGAL DESCRIPTION
15' ;/VASA EASEMENT
STATE ROAD �A--1—A
WATSON IS
TURNING; BASIN
r `.
ur
��eRNryFVT C �RTy
CST lJQ C1'
LOCATION MAP -�
PORTION OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST I�
CITY OF MIAlvll, MIAMI—OADE COUNTY, FLORIDA
NOT TO SCALE_
LEGAL DESCRIPTION:
A portion of Tract "D" of "WATSON ISLAND SOUTHWEST", according to the plat thereof as recorded in
Plat Book 166, at Page 11, of the Public Records of Miami—Dade County, Florida, being more
particularly described as follows:
Commence at the most Westerly corner of Tract "C" of said plat of "WATSON ISLAND SOUTHWEST";
Thence run S.35°54'03"E., along the Westerly line of said Tract "C" for a distance of 134.36 feet to
the most Southerly corner of said Tract "C"; Thence run N.80°07'40"W. for a distance of 41,24 feet
to the Point of Beginning of Parcel of land hererinafter to be described; Thence continue
N,80°07'40"W. for a distance of 16.89 feet to a point; Thence run S.17'29'36"E. for a distance of
130.35 feet to a point of intersection with the Northerly line of a 15 foot Temporary Sewer Easement
recorded in Official Records Book 26043, at Page 4535 of the Public Records of Miami—Dade County,
Florida; Thence run N.73°12'38"E., along said Northerly line of a 15 foot Temporary Sewer Easement
for a distance of 15,00 feet to a point; Thence run N.17°29'36"W. for a distance of 122.77 feet to
the Point of Beginning.
SURVEYOR'S NOTES:
1) This is not a BOUNDARY SURVEY, but only a GRAPHIC DEPICTION of the description shown hereon.
2) Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and
Mapper. Additions or deletions to survey maps or reports by other than the signing party or parties
are prohibited without written consent of the signing party or parties.
3) There may be additional Restrictions not shown on this survey that may be found in the Public
Records of this County, Examination of ABSTRACT OF TITLE will have to be made to determine
recorded instruments, if any affecting this property.
4) No Title search has been performed to determine if there are any conflict existing or arising out of
the creation of the Easements, Right of Ways, Parcel Descriptions, or any other type of
encumbrances that the herein described legal may be utilized for.
5) The North arrow shown hereon are based on recorded plat of "WATSON ISLAND SOUTHWEST",
according to the plat thereof as recorded in Plat Book 166, at Page 11, of the Public Records of
Miami—Dade County, Florida.
SURVEYOR'S CERTIFICATE:
I Hereby Certify to the best of my knowledge and belief that this drawing is a true and correct
representation of the SKETCH AlID LEGAL DESCRIPTIOId of the real property described hereon.
I further certify that this survey was prepared in accordance with the applicable provisions of
Chapter 5J-17, Florida Administrative Code.
Date: 10/9/2015
Job $ RP15-0919
INSTRUMENT PREPARED BY:
LAND su;av EYCRS INC. -- — ---
Pablo J. Alfons S.M.
PHONE: 305-822-6062 * FAX: 305-827-9669 Professional Surveyor & Mapper
6175 NW 153rd STREET SUITE 321 State of Florida Reg. No,5880
MIAMI LAKE FL, 33014 Dated: October 12, 2015 Page 1 of 2
SKETCH AND LEGAL DESCRIPTION
15'WASA EASEMENT
POINT OF COMMENCEMENT
MOST WESTERLY CORNER OF
TRACT "C" PLAT BOOK 166, PG. 11
TRACT )) A TRACT ))C
(PLAT\B�-1 1 OK 166,
(PLAT BOOK 166, PAE z
�Z
PAGE '1 1)
NN
Z
Z
'u
N80 -07,40N "c'
16
89,
POINT OF N80'07'4.0" TRACT ))Dpl
BEGINNINGW
EMPORARY ul (�\LATI BOOK 166,
EASEMENT "C" V P\AGE 11)
0
O.R,B. 26102, PG 2922 Proposed 15' Miami—D'qce Water
0,R.B. 26102, PG 3110 ewer Department �aser� nt
O.R.B. 26662, PG 356
TEMPORARY 15' SEWER EASEMENT
5
OR13,2604 35
%` \
15 c�
TRACT ')D)l
(PLAT BOOK 166,
WESTERLY LINE PAGE 1 1
OF TRACT "D"
P.B. 166, PG 11
SCALE: 1" = 50'
Date: 10/9/2015
Job # RP15-0919
INSTRUMENT PREPARED BY.
HLJRVEYOR9, it4c.
PHONE: 305-822-6062 * FAX: 305-827-9669
6175 NW 153rd STREET SUITE 321
MIAMI LAKE FL. 33014
Page 2 of 2