HomeMy WebLinkAboutExhibit - Grant of EasementThis Instrument Prepared by
Company: City of Miami.
Address: 444 Southwest 2"d Avenue, Suite 945
Miami, Florida 33130
Folio #01-3231-061-0040
GRANT OF EASEMENT
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-calledthe"FACIL-IT-IES"o
"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 therefrom on the express
condition that it is used for the express purposes provided herein;
The GRANTEE shall regulate the installation and future operations of the
FACILITIES so as not to conflict with normal operations of the GRANTOR; however,
the GRANTEE shall have full :right to enter upon the EASEMENT at any time when
normal operations or emergency repairs of the FACILITIES are required.
By 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 maybe 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 hill 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
444 SW 2 Avenue, 10t" Floor
Miami, Florida 33133
WITH COPIES TO:
City of Miami
City Attorney
444 SW 2 Avenue, Suite 945
Miami, Florida 33130
3
City of Miami
Dir. of Real Estate and Asset Mgmt.
444 SW 2 Avenue, Suite 325
Miami, Florida 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 refiised 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]
M.
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.
:ATTEST:
Todd B. Hannon
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Victoria Mendez
City Attorney
CPTY OF MIAMI, a municipal corporation
of the State of Florida
By:
Daniel J. Alfonso
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie -Sharpe, Risk Management Director
Risk Management Department
5
EXHIBIT "A"
LEGAL DESCRIPTION AND SKETCH
STONED & ASSOCIATES, INC.
SURVEYORS - MAPPERS
4341 S.W. 62nd Ave. Florida Licensed Survey Tel. (954) 585-0997
Davie, Florida 33314 and Mapping Business No. 6633 Fax (954) 585-3927
TRACT "D", WATSON ISLAND SOUTHWEST
(P,B. 166, PAGE 11, M.D.C.R.)
MIAMI•DADE COUNTY, FLORIDA
EXHIBIT "A'
LEGAL DESCRIPTION:
CLERK OF COURTS
FOLIO# 01-3231-061-0040
A MIAMI-DADE WATER & SEWER DEPARTMENT EASEMENT BEING A PORTION OF TRACT 'E)" WATSON ISLAND SOUTHWEST, AS
RECORDED IN PLAT BOOK 166 PAGE 11, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID UTILITY EASEMENT
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT 'D";
THENCE S.17'1221'E., ALONG THE SOUTHWESTERLY LINE OF SAID TRACT 'D", A DISTANCE OF 367.59 FEET TO THE POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET, A CENTRAL
ANGLE OF 4746'15", FOR AN ARC DISTANCE OF 250.13 FEET TO A POINT ON A TANGENT LINE;
THENCE S.6458'36 E., ALONG SAID TANGENT LINE, A DISTANCE OF 820.93 FEET (THE PREVIOUS THREE COURSES BEING
COINCIDENT WITH THE SOUTHWESTERLY LINE OF SAID TRACT 'D'), TO A POINT ON A LINE 100 FEET SOUTHEASTERLY OF AND
PARALLEL WITH THE SOUTHEAST LINE OF THE WATSON ISLAND HELIPORT PROPERTY;
THENCE N.25'01'24'E, ALONG SAID PARALLEL LINE A DISTANCE OF 116.84 FEET, TO THE POINT OF BEGINNING THE HEREIN
DESCRIBED UTILITY EASEMENT,•
THENCE CONTINUE N.25'01'24"E., A DISTANCE OF 115.77 FEET;
THENCE N.83738'08"W., A DISTANCE OF 105.55 FEET, TO A POINT ON THE ARC OF A NON --TANGENT CURVE CONCAVE TO THE
NORTHEAST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF S.02'44'41 "W;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 240.00 FEET, A CENTRAL
ANGLE OF 5325'00", FOR AN ARC DISTANCE OF 223.75 FEET, TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE
CONCAVE TO THE SOUTHWEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE
OF 31'08'17", FOR AN ARC DISTANCE OF 13.59 FEET, TO A POINT ON A TANGENT LINE;
THENCE N.64°58'36"W„ ALONG SAID TANGENT LINE, A DISTANCE OF 232.65 FEET,•
THENCE N.52'14'06"W., A DISTANCE OF 266.47 FEET, TO A POINT ON THE SOUTHERLY LINE OF A 15 -FOOT WIDE SEWER
EASEMENT, RECORDED IN OFFICIAL RECORDS BOOK 24455, PAGE 2896 OF SAID PUBLIC RECORDS AND ALSO SHOWN ON SAID
PLAT OF WATSON ISLAND SOUTHWEST;
THENCE N.71'15'12"E., ALONG SAID SOUTHERLY LINE, A DISTANCE OF 28.18 FEET,•
THENCE S.52'14'06"E., A DISTANCE OF 248.29 FEET,•
THENCE S.64'58'36"E., A DISTANCE OF 230.03 FEET, TO A POINT ON THE ARC OF A TANGENT CURVE CONCAVE TO THE
SOUTHWEST,
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 48.50 FEET, A CENTRAL
ANGLE OF 31'08'17'; FOR AN ARC DISTANCE OF 26.36 FEET, TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE
CONCAVE TO THE NORTHEAST;
VILI\ 111 lw/ ll L.
THIS IS TO CERTIFY THAT THE LEGAL DESCRIPTION & SKETCH SHOWN HEREON IS ACCURATE AND CORREC OF MY
KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS THE LEGAL DESCRIPTION &SKETCH MEETS THE : RACTICE SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORID' E CODE,b
PURSUANT TO SECTION 472,07 FLORIDA STATUTES.
RENSIONS DATE BY
,urncs LI. J(vrlc.,r
PROFES"AL SURVEYOR AND MAPPER NO. 4039 — STATE OF FLORIDA
DATE OF SKETCH., DRAWN BY CHECKED BY FIELD BOOK
6/20/16 JDS LGS N/A
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No 4039
STATE OF
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STONER & ASSOCIATES, INC,
SURVEYORS - MAPPERS
4341 S.W. 62nd Ave. Florida Licensed Survey Tel. (954) 585-0997
Davie, Florida 33314 and Mapping Business No. 6633 Fax (954) 585-3927
LEGAL DESCRIPTION OF UTILITY EASEMENT
TRACT "D", WATSON ISLAND SOUTHWEST
(P.B. 166, PAGE 11, M.D.C.R.)
MIAMI•DADE COUNTY, FLORIDA CLERK OF COURTS
EXHIBIT "A!' FOLIO# 01-3231-061-0040
LEGAL DESCRIPTION: CONTINUED
THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 216.50 FEET, A
CENTRAL ANGLE OF 53'3629", FOR AN ARC DISTANCE OF 202.57 FEET, TO A POINT ON A NON—TANGENT LINE,
THENCE S.83°38'08"E., A DISTANCE OF 126.91 FEET,•
THENCE S.25'0124"W., A DISTANCE OF 144.63 FEET;
THENCE N.64 58'36"W., A DISTANCE OF 12.00 FEET, TO THE POINT OF BEGINNING.
SAID LANDS BEING SITUATE WITHIN THE CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA, CONTAINING 0.488 ACRES (21,257
SQUARE FEET), MORE OR LESS.
f0film
1. THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP, RIGHTS—OF—WAY, EASEMENTS OR OTHER MATTERS OF
RECORD.
2. THIS SKETCH AND DESCRIPTION IS "NOT VALID" WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
3.THE BEARINGS SHOWN HEREON ARE BASED ON A PLAT BEARING OF N.6458'36"E., ALONG THE SOUTHWESTERLY LINE OF TRACT
'D'; AS SHOWN ON THE PLAT OF WATSON ISLAND SOUTHWEST, RECORDED IN PLAT BOOK 166, PAGE 11, OF THE PUBLIC RECORDS
OF MIAMI—DADE COUNTY, FLORIDA.
4. THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOT A SURVEY).
5. THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM WITHOUT THE BENEFIT OF A 777LE SEARCH. THE LEGAL
DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER & ASSOCIATES, INC.
6. SEE SHEET 3 OF 4 AND 4 OF 4 FOR A GRAPHIC DEPICTION (SKETCH) OF THE PROPERTY DESCRIBED HEREON.
SHEET 2 OF 4
(ETCH No.
15-8320 MDWASD
17�_
TONER & ASSOCIATES, INC.
SURVEYORS - MAPPERS
4341 S.W. 62nd Ave. Florida Licensed Survey Tel. (954) 585-0997
and MainBusiness No
Davie, Florida 33314 Mapping . 6633 Fax (954) 585-3927
N.
SKETCH OF UTILITY EASEMENT
TRACT "D", WATSON ISLAND SOUTHWEST
(P.B. 166, PACE 11, M.D.C.R.)
MIAMI-DADE COUNTY, FLORIDA
EXHIBIT "A'
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P.O.0
N.W. CORNER TRACT "D",
WATSON ISLAND SOUTHWEST
P.B. 166, PG. 11, M.D.C.R.
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CLERK OF COURTS
FOLIO# 01-3231-061-0040
LEGEND:
P.B......... PLAT BOOK
PG........PAGE
M.D.C.R., , , , , , , MIAMI-DADE COUNTY RECORDS
L•B......... LICENSED BUSINESS
(P) ........PER PLAT
.. CENTERLINE
P.O.0 ....... POINT OF COMMENCEMENT
P.O.B........ POINT OF BEGINNING
A= ........ ARC DISTANCE
R= ........ RADIUS
CA ......... CENTRAL ANGLE
.. ..CENTRAL ANGLE
MDWASD ....... MIAMI-DADE WATER AND
SEWER DEPARTMENT
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SHEET 3 OF 4
15-8320 MDWASD
STONER & ASSOCIATES, INC.
SURVEYORS- MAPPERS
4341 S.W. 62nd Ave. Florida Licensed Survey Tel (954) 585-0997
Davie, Florida 33314 and Mapping Business No, 6633 Fax (954) 585-3927
SKETCH OF UTILITY EASEMENT
TRACT "D", WATSON ISLAND SOUTHWEST
(P.B. 166, PAGE 11, M.D.C.R.)
MIAMI•DADE COUNTY, FLORIDA
EXHIBIT "A"
LEGEND:
P.B.........
PLAT BOOK
PG...
PAGE
.,
M.D.C.R, , , , ..
MIAMI-DADE COUNTY RECORDS
L.B.........
LICENSED BUSINESS
(P) ........PER
PLAT
q ..
CENTERLINE
P.O.0 .......
POINT OF COMMENCEMENT
P.O.B........
POINT OF BEGINNING
A= ........
ARC DISTANCE
Ra ......,.RADIUS
CA-.
CENTRAL ANGLE
—V
C
CENTRAL ANGLE
MDWASD.......
MIAMI-DADE WATER AND
SEWER DEPARTMENT
` N 112816°
REMAINDER OF TRACT "D"
WATSON ISLAND SOUTHWEST
PLAT BOOK 166, PAGE 11
MIAMI-DADE COUNTY
RECORDS
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GRAPHIC SCALE
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WATSON ISLAND SOUTHWEST
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MIAMI-DADE COUNTY
RECORDS
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CLERK OF COURTS
FOLIO# 01-3231-061-0040