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HomeMy WebLinkAboutExhibitThis instrument prepared by; or under the direction of, Gail D. Serota, Esq. Weiss Serota Helfman Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this "Perpetual Aerial Easement") made the day of e , 2017, by THE CITY OF WkNH, a municipality of the State of Florida, Grantor, to the 14iI..J1CII-DARE EXPRESSNYAI' AUTHORITY, its successors and assigns, Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Miami -Dade County, Florida, viz: PARCEL 801 Project. No, 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences. and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida. The parties agree this Perpetual Acrial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which ease the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 1 3BJ385503-Pereptual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 ormaintenance, repair, use or existence of the Grantee's Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes, as amended. This indenrurification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend, at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit "B" attached hereto and made a part hereof. 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. TO ILAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 2 3BJ385603-Pcreptual Aerial Easment with City of Wami Changes Accepted IN WITNESS V;IMRI~OF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its sea] to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: "Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF MIAMI -D ADE The City of Miami M. Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification., (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: Approved as Form and Correctness; Victoria Mendez, City Attorney 3 3BJ395603-Fereptwl Aerial Easement with City of Miami Changes Acceptcd LEGAL DESCRIPTION - PARCEL 801: EXFBBIT A An aerial easement within that alrspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity. The Easement Is lying above that portion of NW 15 AVENUE, lying southwesterly of NW SOUTH RIVER DRIVE In the SW Y of Section 35, Township 53 South, Range 41 East, as shown in the Florida Department of Transportation Right of Way Map for State Road 836, Section 87200-2505; in Miami -Dade County, Florida; the Bottom Plane of the easement being more particularly described as follows. BEGINNING at the point of intersection of the Easterly Limited Access Right of Way Line of NW 15 AVENUE with the Existing Limited Access Right of Way Line lying southeasterly of State Road 836, as shown In said F.D.O.T. Right of Flay Map Section 87200.2505; thence run S24009'31"E, along the southeasterly extension of the Easterly LlmJted Access flight of Way Line of NW 15 AVENUE, for a distance of 0.82 feet to the point of intersection with the Southeasterly line of the herein described easement; thence run S65050'57"W, along said Southeasterly Easement Line, for a distance of 50.00 feet to the point of Intersection with the Westerly Limited Access Right of Way Line of NW 15 AVENUE; thence run N24009'31'W, along said Westerly Limited Access Right of Way Line of NW 15 AVENUE, for a distance of 148.67 feet to a point of Intersection with the Northwesterly Line of the herein described easement; thence run N65950'57"E, along said easement line, for a distance of 50.00 feet to the point of intersection with the northwesterly extension of the Easterly Limited Access Right of Way Line of NW 15 AVENUE; thence run S24°09'31"E, along said northwesterly extension and along the Easterly Limited Access Right of Way Line of NW 15 AVENUE, for a distance of 147.84 feet to the POINT OF BEGINNING. Containing an area of 7,433 square feet, more or less. C�4ff;t'F NI 11*51 1. This Sketch is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seat of the Florida Licensed Surveyor and Mapper In responsible charge. 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAD83) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03642137" W being established between FDOT monuments; PNCO2 stamped 87 11 PNCO2 (N 526779.1510, E 919562.7520) and PNC04 stamped 87 11 PNC04 (N 528164,0790, E 919472.9400) and therefrom a 'bearing of S 871152114" E along the Monument Line of NW 14th STREET between NW 9th AVENUE and NW 10th AVENUE. 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. 6. Date Prepared: October 27th, 2014. /% /A THIS DOCUMENT CONSISTS OF TWO (2) JOSE E/SAVFIEL, ' DATE: 08-15-2015 SHEETS AND SHALL NOT BE CONSIDERED PROF`=SIONAL LAND SURVEYOR AND MAPPER FULL, VALID AND COMPLETE UNLESS EACH FLOR DA CERTIFICATE NO, 5636 SHEET IS ATTACHED TO THE OTHER. THIS 1S NOT A SURVEY A00 BOTTOM ELEV. 1. ZAMORA 08-:5-2015 'REVISED, WE-17ERLY T.MORMON 03-34-2015; REVFMN my I DATE MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 801 STATE ROAD NO. 836 MIAMI-DADE COUNTY I By CATE s ,�ypp��es ��x� , , DATA sa,P4F: - lY #owl T3e�X'1Sa35�1 "s+rr� SEE MNEM! MOTES ©RAWN IT.MOREJON eHEWD A.TMAC '11-05-2014 N0. 83611 SECnON 87200 SHEET I Of 2 801 CITY OF MIAMI I 7,433 SF l UNDETERMINED 0 20 40 so 220��5� _ GROVE PARK Scale; 1' - so' '~ _ 4 (P.B. 5 PG. 661_ _ p At'r _ LEGEND; FDOT = FLORIDA Y:, �D` 2 N 20.0,9 09'3.1. DEPARTMENT OF s�D' D8 TRANSPORTATION �.�� S.R. = STATE ROAD �'1 80] �, '-._ EO �55� = CENTERLINE = BASELINE PROPERTY LIME P.O.C. - POINT OF COMMENCEMENT °e' P.O.B, POINT OF BEGINNING LB LICENSED BUSINESS st 0 y0jp R �'r y , �,• R = RADIUS �� w*� JRt� !r A = CURVE LENGTH �,_ "lip `'-� rr �D . DE=TAIL DELTAgi2� CD = CHORD DISTANCE C, r C8 = CHORD BEARINw ✓ p � NIA - NOT APPLICABLE p - r SEE DETAIL PG. - PAGE P. B. = PLAT BOOK RIW = RIGHT OF WAY L1A = LIMITED ACCESS ✓ t c•r,- SEC. = SECTION C f 25` - - - 108.5'(P) uj TWP. = TOWNSHIP]�,> �f3o�a3* # RGE. - RANGE ui 5 65 Z SF = SQUARE FEET a � a PROJ. = PROJECT Ln� N.T.S. = NOT TO SCALE eC" w_x No. - NUMBER a - g01 T PARCEL IDENTIFICATION `'- ul ¢ l NUMBER fi 4 us N 3 EXISTING UA RIW LINE 20' L --- - = PROPOSED UA AERIAL EASEMENT "'�' z = BLOCK NUMBER LPI � I THIS DOCUMENT CONSISTS OF z i I l a 4 TWO (2) SHEETS AND SHALL S 87°37`52",W�._',. o Ln NOT BE CONSIDERED FULL, VALID , 506 (P) 2p I 25 AND COMPLETE UNLESS EACH 50.64'(P) SHEET 15 ATTACHED TO THE OTHER. GROVE PARK I(p'B' 5 PG' 66) THIS 15 NOT A SURVEY El MIAMI-DADE EXPRESSWAY AUTHORITY — SKETCH TO ACCOMPANY LEGAL DESCRIPTION -� - --- STATE:. ROAD NO. 836 MIAMI-DADE COUNTY MTA SaJPZE. " 8Y CAR r�EY • � rso 6rr� e¢. tl - m�'107M 'iam, r o �ii�o� SEE GENERAL WnS REVISED WfS}ERLy TMOREJON 03.30.2015 DRAWNT.NOREJON' I0.20.20I4 ■oram n— owe CHEMO I AJOIRAC 1i¢20 -W14 Pro}. NO. 83611 SECTION 87200 1 SHEET Z OF 2 II. EXHIBIT B INSURANCE REQUIREMENTS NIIANII PERPETUAL AERIAL EASEMENT TO iNIDX Commercial General Liability A. Lirnits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,0007000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability &. Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard Business Automobile Liability A, Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or lion -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability 51,000,000 for bodily injury caused by an accident, each accident. S 1,000,000 for bodily injury caused by disease, each employee S 1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence 51,000,000 Policy Aggregate S1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow- form over all applicable liability policies Contained herein The above policies shah provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of, Gail D. Serosa, Esq. Weiss Scrota Hel&nan Cole &, Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this "Perpetual Aerial Easement') made the day of , 2017, by THE CTI Y OF NIIANII, a municipality of the State of Florida, Grantor, to the NIIANII-DARE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. WF NESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial casement for the purpose of constructing and maintaining transportation facilities within the following described land in Miami -Dade County, Florida, viz: PARCEL 802 Project. No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences, and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade {County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 1 3 BJ385603-Pereptual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expcnsc, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary Tetter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit "B" attached hereto and made a part hereof. 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. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 3B1395603-Pereptual Aerial Easement with City of Miami Changes Accepter! IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B_ Hannon, City Clerk STATE OF FLORIDA COUNTY OF MLAMI-RADE The City of Miami M Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this 2017, by Daniel J. Alfonso, City Manager, who is personally known as identification. Approved as Form and Correctness: Victoria Mendez, City Attorney 3 $J385603-Pereptual Aerial Easement with City of Miami Changes Accepted day of to me or who has produced (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: LEGAL DESCRIPTION - PARCEL 802: EXHIBIT A An aerial easement within that airspace vertically enclosed; the 8ottorn Plane of which having an Elevation of 26.36 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to Inflnity. The Easement Is lying above that portion of NW SOUTH RIVER DRIVE, lying easterly of NW 15 AVENUE, in the SWY of Section 35, Township 53 South, Range 41 East, as shown In the Florida Department of Transportation Right of Way Map for State Road 836, Section 87200-2505; In Miami -Dade County, Florida; the Bottom Plane of the easement being more particularly described as follows: BEGINNING at the point of Intersection of the Northeasterly Umlted Access Right of Way Line of NW SOUTH RIVER DRIVE with the Existing Limited Access Right of Way Line, lying northwesteriy of State Road 636, as shown In said F,D.O,T. Right of Way Map Section 87200-2505; thence run S74016'43'E, along the Northeasterly Limited Access Right 4f Way Line of NW SOUTH RIVER DRIVE, for a distance of 172.41 feet to the point of curvature of a circular curve concave to the Southwest; thence run southeasterly, aleng said circular curve and Northeasterly Limited Access Right of Way Line of NW SOUTH RIVER DRIVE, having a radius of 70.00 feet through a central angle of 28°52'590subtending a 34.92 foot chard which bears S591150'14'E for an arc distance of 35.29 feet to a point of reverse curvature of a circular curve concave to the Northeast: thence run southeasterly, along said circular curve and Northeasterly Limited Access Right of Way Line of NW SOUTH RIVER DRIVE, having a radius of 485,00 feet, through a central angle of 00029'41"subtending a 4.19 foot chord winch bears 545°313'34"E for an arc distance of 4.19 feet to the point of Intersection with the Southeasterly Line of the herein described easement; thence run 565°50'57"W, along said Southeasterfy Easement Line, for a distance of 45.82 feet to the ,point of Intersection with the Southwesterly Right of Way Line of NW SOUTH RIVER DRIVE, being the point of cusp of a circular curve concave to the Southwest; thence run northwesterly, along said circular curve and Right of May Line, having a radius of 30.00 feet through a central angle of 04.26'07"subtending a 2.32 foot chord which bears N72003'40"W for an arc distance of 2.32 feet to the point of tangency on the Southwesterly Limited Access Right of Way Line of NW SOUTH RIPER DRIVE; thence run N74"16'43'W, along the Southwesterly Limited Access Right of Way Line of NW SOUTH RIVER DRIVE, for a distance of 198.16 feet to the point of Intersection with the northwesterly extension of the Northeasterly Limited Access Right of Way Line of NW 15 AVENUE, thence run N24109'31"W, along said northwesterly extension of Northeasterly Umited Access Right of Way Line of NW 15 AVENUE, for a distance of 20.08 feet to a point of Intersection with the Northwesterly Line of the herein described easement; thence run N65°50'57"E, along said Easement Line, for a distance of 38.36 feet to the point of intersection with the northwesterly extension of the Northeasterly Limited Access Right of Way Line of NW SOUTH RIVER DRIVE; thence run S74° 16'43"E, along said northwesterly extension of the Northeasterly Limited Access Right of Way Line of NW SOUTH RIVER DRIVE, for a distance of 9.16 feet to the POINT OF BEGINNING. Containing an area of 8,835 square feet, more or less. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. ADD Wn'OM SLEV. r, ZAMORA 08.15.7075 REASED OY PFXX TAOREIC,V 03-19.2015 THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 802 STAT5 ROAD NO- 836 MIAMI-DADE COUNTY SEE GETfRAi NOTES DRAWN 'T.HOREIRN 11-0.2034.- c+Ecxsn 1 ATOiRAc 11� as-2Di4! Prof. NO. 83671 SECnO;V 87200 SHEET 1 OF 3 GENERAL NOTES: 1. This Sketch is Not a Survey. 2. Reproductions of this reap are not valid without the signature and original raised seat of the Florida Licensed Surveyor and Mapper in responsible charge. 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florlda East Zone, Traverse Mercator Projection, North American Datum (NAD83) 2983 adjustment 2007 and are based on a PNC Project Baseline bearing of N d3®42137' W being established between FDOT monuments: PNCO2 stamped 87 11 PNCO2 (N 526779.1510, E 919562.7520) and PNC04 stamped 87 11 PNC04 (N 528164,0790, E 919472.9400) and therefrom a bearing of S 87"52'14* E along the Monument Linz of NW 14th STREET between NW 9th AVENUE and NW 14th AVENUE, 4. Addltlon and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party, S. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. 5. Date Prepared: October 27th, 2014. r THIS DOCUMENT caN5I575 OF THREE (3) JO>F.'_. S'•NF2EL,r DAT)!: 08-I5-2015 FU SHEETS V AND SHALL NOT BE CONSIDERED E P:a-;FESSIONAL LAND SURVEYOR AND MAPPER FULL, VALID AND COMPLETE UNLESS EACH F.:ftEJjA CERTIFICATE N4, 5636 SHEET IS ATTACHED TO THE OTHER. THIS 1S NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY -- LEGAL DESCRIPTION -PARCEL 802 -- — STATE ROAD NO. 835 MANI-DADE COUNTY _ By OA1E re ri misaOa,'S�m rv1c ea s2 ?ATA SOJR[F: - �_ -- .�� -- -1 m a k: �v# 'Y f`i u Slid' S" GENERAL NOTES REVSEO IiY NlOX T,MaRE1DN 03-19-2013. DRAWN T.MORElON 114-S-2014--- — -- -- ——� naN 67200 1 SHEET 2 OF 3 RlY�10�1 _. ..—OY DATE �.. CHEMO .� ATDIflAC I11 -0s-201 Pral. NO. 83622 SEC � RmIAINDr-k— MM j I — LAWRENCE PA#i EL —NO. OWNER'S NAME PARQtL,Aqr 0k 802 CITY OF MIAMI 8,835 SF UNDETERMINED__j ESTATE LEGEND: ND CO'S FDOT = FLORIDA EPSUBDIVISION OF DARTMENT OF LAWRENCE TRANSPORTATION Scale: lu 401 GROVE PARK GROVE S.R. STATE ROAD (P.B. 5 PG- 66) i 2 (P.R. 2 PG. 55) _ ; BASELINE (L' CENTERLINE 60.02J(P) 4, 40 3 *t 1;5 t It PROPERTY LINE S 6001, '14 C.k P.O.C. — POINT OF COMMENCEMENT 43" (p), 00- 3.00, -4 42 P.O.B. = POINT OF BEGINNING N C. '5015 65 S 40 PC w POINT OF CURVATURE -3%- 6 1. 9. PRC - POINT OF REVERSE CURVATURE m _' ___ R RADIUS 74;1:-_ A 4 1�0": mac CURVE LENGTH 8002 Q 09.31 3,>,- 0, A = DELTA CD - CHORD DISTANCE08' IVVV -41,- 9" CB - CHORD BEARING ry 9 N/A = NOT APPLICABLE Rivc = PAGE .0H 7q.-' PG. C.B. P.B. PLAT BOOK ".Af A R/W RIGHT OF WAY 2'60.3"2-32- I ",-,1 40- L/A LIMITED ACCESS I IV 0 C. D. a* 2.3, SEC. SECTION 4*4/ C"s _w TWP, - TOWNSHIP 10 \.', %_ 'P�' 0.9 �b '�*Y RGE. - RANGE rcp� I 0 5 SF = SQUARE FEET yp. PROJ. - PROJECT?�56f> '44 Na. NUMBER 0&. 6,v, A �k. -'00 — 1 5 = EXISTING LIA R/W LINE ro.) PROPOSED 02 0 W AERIAL EASEMENT uu BLOCK NUMBER OAK TERRACE, 7m Lui GROVE PARK Ln PARCEL IDENTIFICATION 7 NUMBER Z< THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET 15 ATTACHED TO THE OTHER. MIAMI-DADE EXPRESSWAY__ .... _ .__. STATE ROAD NO. 056 AUTHORITY SKETCH TO ACCOMPANY OT REMSED VY MOX T.W)Rf)GN 403-19-2015 tHNAWtj T.HORMNI 11-03-14 LEGAL DESCRIPTION-' `Y DATE OiECKCD TOIRAC 1 11-03-24 PG. 661 (P.B. 6 PG. 126) THIS IS NOT A SURVEY MIAMI DACE COUNTY SEF; GENEML NO -M5 rL Z*W., A% 4n F.P. NO. 83611 SECTION 87200 1 SHEET 3 OF 3 EXHIBIT B INSURANCE REQUIREMENTS T AMI PERPETUAL AERL#L EASEMENT TO INIDX I. Commercial General Liability - A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard II. Business Automobile Liability A. Limits of Liability Bodily injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Faired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured IIl. `Yorker's Compensation Limits of Liability Statutory -State of Florida. Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrencey $1,000,000 Policy Aggregate $1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained herein The above policies shall provide the City of Ntiami with written notice of cancellation or material chane from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Rist: Management prior to insurance approval. This instrument prepared by, or under the direction of, Gail D. Serota, Esq. Weiss Serota Helfman Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AERI.YL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this `Perpetual Aerial Easement") made the day of , 2017, by THE CITY OF NIL4.Y1I, a municipality of the State of Florida, Grantor, to the NUA-MI-DAIIE E..Xr ESSWAY AUTHORM', its successors and assigns, Grantee. WITNESSETH: That the Grantor for and in consideration of the sure of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintains ng transportation facilities within the following described land in N[iami-Dade County, Florida, viz: PARCEL 80.1 Project. No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of S5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property daring the period the policy is tamed, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor.. Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida, The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 3BJ385643-Pereptual ASTial Eaaement with City of Miami Changes Accepttd entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed_ Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction., or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. ,Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and deE=zd , at their sole cost and expense, the Grantor and. the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals, bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit "B" attached hereto and made a part hereof. 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. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said Lands against all persons claiming by, through or ander said Grantor. [Signatures appear on the following page.] 3137385503-Pueptua1 Amal Easenieni with City of Miami Changes Accepted IN WITNESS VYTiEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written_ ATTEST: Todd B_ Hannon, City Clerk STATE OF FLORIDA COUNTY OF ML4Mi-DADS The City of Miami ME Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or as identification. Approved as Form and Correctness: Victoria Mendez, City Attorney 3BJ385603-PercpttW Aerial Easement with City of Miami Changes Accepted who has produced (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if anv' LEGAL DESCRIPTION - PARCEL 804: EX111BIT A An aerial easement within that alrspace ve-ticalfy enclosed; the Bottom Plane of which having an Elevation of 18.45 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity. The Easement Is lying above that portion of NW NORTH RIVER DRIVE, under State Road 836, In the SW Y of Section 35, Township 53 South, Range 41 East, as shown in the Florida Department of Transportation Right of Way Map for State Road 836, Section 67200-2505, In Miami -Dade County, Florida; the Bottom Plane of the easement being more particularly described as follows: COMMENCE at the point of Intersection of the Northeasterly Lirnited Access Right of Way Une of NW NORTH RIVER DRIVE with the existing limited access right of way line, lying southeasterly of State Road 836, as shown In said F.D.O.T. Right of Way Map 5ectlon 87200-2505, Bald point being on a circular curve concave to the Northeast; thence run southeasterly, along said circular curve and southeasterly extension of said Northeasterly Limited Access Right of Way line of NW NORTH RIVER DRIVE, having a radius of 753,31 feet through a central angle of 001,05'16"subtending a 1.15 foot chord which bears S68034'25"E for an arc distance of 1.15 to feet to the point of intersection with the Southeasterly line of the herein described easement and the POINT OF BEGINNING of the hereinafter described easement; thence run S65'30'57"W, along said Southeasterly easement line, for a distance of 100.86 feet to the point of Intersection with the Northwesterly Limited Access Right of Way Line of NW NORTH RIVER DRIVE; said point being on a circular curve concave to the Northeast; ther+ce run northwesterly, along said circular curve and Limited Access Right of Way Line, having a radius of 828,31 feet through a central angle of 12°20'31"subtending a 178,08 foot chord which bears N57133'12"W for an arc distance of 178.43 feet to the point of Intersection with the Northwesterly fine of the herein described easement; thence run N65'50'57'E, along said easement line, for a distance of 85.49 feet to the point of Intersection with the northwesterly extension of the Northeasterly Limited Access Right of Way Line of NW NORTH RIVER DRIVE, said point being on a circular Curve concave to the northeast. thence run southeasterly, along said circular curve and Northeasterly Limited Access Right of Way Line, and its extensions, of NW NORTH RIVER DRIVI_, having a radius of 753.31 feet through a central angle of 140115'31'subtending a 186.98 foot chord which bears 561029'18'E for an arc distance of 187.47 feet to the point' of Intersection with the southeasterly line of the herein described easement and the POINT OF BEGINNING. Containing an area of 13,696 square feet, more or less. THIS DOCUMENT CONSISTS OF THREE iii SHEETS AND SHALL NOT BE CONSIDERED FULL. VAUD AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. THIS T5 N07 A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY - - LEGAL. DESC RIPTF©N-PARCEL 804 STATE ROAD NO. 836 M IAMI-DADE COUNTY DATA SDUAO : GATE (nr ro-aei v au+irli.i ereo-� V.[ .._ _ "'�i 'inn" SEE GENERAL NOM DRAWN r.MORE10K 11-05.2014 "' — _�. -- __E _ ADD BOTTOM EtEV. 1. ZAhEORA fl8-1S2015 , _ _ --Rc�nsae er OATS C-ECKE0 A.TU1�11-04-20]4 Prol. NO. 83611 SECTION 97200 SHEET 1 OF 3 GENERAL NOTES; 1. This Sketch Is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Llcensed Surveyor and Mapper In responsible charge. 3, Hearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAD83) 1983 adjustment 2007 and are based on a PNC Project Basel€ne bearing of N 03°42'37" W being established between FDOT monuments; PNCO2 stamped 87 11 PNCO2 (N 526779.1510, E 919562.7520) and PNC04.stamped B7 11 PNC04 (N 528164.0790, E 919472.9400) and therefrom a bearing of S 87152114" E along the Monument Line of NW 14th STREET between NW 9th AVENUE and NW 10th AVENUE. 4. Addition and/or deietlons to survey maps, sketches or reports by any ,party other than, the s€gning party are prohibited without the written consent of the signing party. 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. 6. Date Prepared: October 27th, 2014. 1/ -1 / THIS DOCUMENT CONSISTS OF THREE (3) JOSE �• ,�ANFI:L, SHEETS AND SHALL NOT BE CONSIDERED JOSE 08-15-2015 FILL, VALID AND COMPLETE UNLESS EACH PROF�,SIONAL LAND SURVEYOR AND MAPPER SHEET IS ATTACHED TO THE OTHER. FLQ,'t_A CERTIFICATE NO, 5636 THIS IS NOT A SURVEY t MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 844 i STATE ROAD NO. 636 MLAMI-DARE COUNTY BY M1E�•ra Ilw *�5 's ie7�t SRs wt. _.— OATA 5MRCE! — Fly �rru-wn r r�k-1en a Tl+s SEE GENEAAL NOTis ORAVA rIROREJOA 1"5-21314 -- - — Rt.V51Q1V 9Y DATE tlSiCKEo 0.TOIPAC I11-0s.Z014 Prof, NO. 83611 SECTI(}hl 87200 SHEET 2 OF 3 F-r QWNER' : ��Mf ARCM F A� f MiAI IDPR _ lr?ML9 T4 LEGEND,4 804 CFTY OF MIAMI ! 13,696 SF 1 UNDETERMINED FDOT = FLORIDA - - - DEPARTMENT OF 0 25 50 iQ0 1SD TRANSPORTATION S.R. - STATE ROAD Scaie: 1" = 50' CL = CENTERLINE TRACT 2 ` = BASELINE = PROPERTY LINE CIVIC CENTER S ✓�,.'' �� sl � F O P.O.C. = POINT OF COMMENCEMENT "`��� SECTION ONE � jp�i b P_O.B. - POINT OF BEGINNING -- -... '_� �..� ---- _ _�_... >� Y�.}� G J p, 63 LB = LICENSED BUSINESS �,� � � ��cj r �� (P.O. 75 PG. 36)��Q���{1 R = RADIUSf`� 4 g� f�P �rGS A CURVE LENGTH A = UEl_TAG�'C �Pr�O' -�� i 5 Ovn�lt4� lA'� fib` CD = CHORD DISTANCE F tl► 5• lO e`!' ��.�g3 a�. .l CB = CHORD BEARING iu►` TRACT �� . $04 R� �`'`/ p�@��, b-'y� NIA NOT APPLICABLE v ti_ O C;� PG. = PAGES ^� P.O. = PLAT BOOK �,,cl ea��3 DETAIL R!W = RIGHT OF WAY Soc?0tiS 1, -q& "s�P,O.B.- i N.T.S. UA = LIMITED ACCESS rn 5 )`34.�r /�/p Ny.�tc,�� c' SEC. SECTION a . ,� P r''�`I ``�,a?p, 'T 8 �! y TWP. = TOWNSHIP px4l HRGE. = RANGE E�1CQ ��d�` ()� pe k, SF m SQUARE FEET �i�i`f >>$ Rll/4& 4 •+ PROJ, PROJECT � Q �` E X08. ia° ���• '� No. = NUMBER 804 PARCEL IDENTIFICATION'` NUMBER 6b /}! .•, N� _ -f--f = EXISTING UA R/W LINE -- �. PROPOSED AERIAL EASEMENT 1 = BLOCK NUMBER oo'� „is y TRACT 9 THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. TtIlS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY STATE ROAD NO. 836 � MIAMI-BADE COUNTY AUTHORITY _ -- - _ Ali DATA St1uPC� � —� `- seE �Er+Ew+i Nc71Es SKETCH TO ACCOMPANY - pMMM IT�MQfI#nlQl1-1�2{-20iq'-- LEGAL DESCRIPTION � - L Pro]. NO. 83611 SECTION (37200 SHEET 3 OF 3 IVc'Vi5 ¢MS ev —I OR36 c"ECK[D 'A,NQEPAC 10.2 -2- __. I. 11. EXHIBIT B INSURANCE REQUIREMENTS MIAMI PERPETUAL AERIAL EASEMENT TO INIDX Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident S 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III. 'Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability 51,000,000 for bodily injury caused by an accident, each accident. 51,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained herein The above policies shall provide the City of INHanu with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material chane, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of, Gail D. Serota, Esq. Weiss Serota Helfman Cole & Bierman, F.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this "Perpetual Aerial Easement") made the day of _, 2017, by THE CITY OF NMAAII, a municipality of the State of Florida, Grantor, to the M AXII-D-A-DE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. 'VGTT°NTNESSFTIi: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Nliami-Dade County, Florida, viz: PARCEL 805 Project. No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being; more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than 51,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that Iimit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running; with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 1 331385603-Pereptual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, Injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent pro,,idcd and allowed under Section 768.23, Florida Statutes, as amended. This izndesnnification shall sun•ive ariv cancellation or expiration of this Easement. ne Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easerr_ent shall: (1) indomrif}-, hold harmless, and defend, at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals, bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area, and (2) obtain and provide to Grantor certificate of insurance in accordance with Exhibit "B` attached hereto and made a pari hereof. 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. TO HAVE A'D'D TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all personas claiming by, through or under said Grantor. [Signatures appear on the following page.] 3B1385603-FmTtual Acrial Easement with City ofMianii Changes .Accepted IN WITNESS 1WHEEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUhi"I'Y OF MLA. -NMI -DADS The City of ]Miami Un Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017. by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any; Approved as Form and Correctness: Victoria Mendez, City Attorney 3 3133385603-Pumptual Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 805: EXTITBIT A An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 17.68 feet, according to the North American Vertical Datura of 1988 {NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to Infinity. The Easement is lying above that portion of NW 13 AVENUE, lying southerly of NW 12 STREET In the SW 3/4 of Section 35, Township 53 South, Range 41 East, as shown In the Florida Department of Transportation Right of Way Map for State Road 836, Section 87200-2505; In Mlaml-Dade County, Florida; the Bottom Plane of the easement being more particularly described as follows: COMMENCE at the point of Intersection of the Easterly Limited Access Right of Way Line of NW 13 AVENUE with the existing 1United Access Right of Way Line, lying southeasterly of State Road 836, as shown in said F.D.O.T. Right of Way Map Section 87200-25D5; thence run S02021'310E, along the southerly extension of the Easterly Limited Access Right of Way Line of NW 13 AVENUE, for a distance of 0.89 feet to the point of Intersection with the Southeasterly Line of the herein described easement and the POINT OF BEGINNING of the hereinafter described easement; thence run S65450'57"W, along the Southeasterly Line of the herein described easement, for e distance of 53.85 feet to the polrt of intersectlon with the southerly extension of the Westerly Limited Access Right of Way Line of NW 13 AVENUE; thence run N02021'31`W, along the Westerly Llm€ted Access Right of Way Line of NW 13 AVENUE extended at Its ends, for a distance of 226.43 feet to a point of Intersection with the Northwesterly Line of the herein described easement, said point being the point of cusp of a circular curve concave to the Southeast; thence run northeasterly, along said circular curve and Easement tine, having a radius of 5,719.25 feet through a central angle of 00'03'094subtending a 5.23 foot chard which hears N61051'39"E, for an arc distance of 5.23 feet to the paint of compound curvature with a circular curve concave to the Southeast; thence run northeasterly, along said clrcular curve and Easement Line having a radius of 5,755.75 through a central angle of 00°30'43"subtending a 51.42 foot chord which bears N621105'26"E, for an arc distance of 51.42 feet to point of Intersection with the Easterly Right of Way Eine of NW 13 AVENUE, also teeing the point of cusp of a circular carve Concave to the Southeast; thence run southwesterly, along said circular curve and 91ght of Way Line, having a radius of 25,00 feet through a central angle of 17°02'26° subtending a 7.41 fact chord which bears thence run 505009'42"W, for an arc distance of 7.44 feet to the point of tangency on the Easterly Right of Way Line of HW 13 AVENUE; thence run S02°21'31"E, along the Easterly Limited Access Right of Way Line of NW 13 AVENUE extended at its ends, for a distance of 223.56 feet to the point of Intersection with the Southeasterly Line of the herein described easement and the POINT OF BEGINNING, Containing an area of 13,425 square feet, more or less. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. Tlii5 IS NOT A SURVEY MtAIMI-DADE EXPRESSWAY AUTHORrrY 1 LEGAL DESCRIPTION -PAROL 805 p STATE ROAD NO. 836 _ _ MIAMI-DADE COUNTY C0.TE — +UP {m mieu� "�, DATA SOURCE: _� .. alis ri�si�'WI v' -i1 ' SEE C NERaL VOTE5 A00 UCTTOM ELEV. J. ZAMORA 45-15.2015 UiWWN TADREJON 11.45-26!1' -- --- ---� --- -- — - -- AlVCSWN 5-r ah I CHEC10iD A.TOSiAC 11-us"241a; Prof. NO. 83611 SECTION 87200 SHEET 1 OF 3 GENERAL NOTES:. 1. This Sketch Is Not a Survey. 2. Reproductions of this map are not valid without the signature and origlnal ralsed seal of the Florida Licensed Surveyor and Mapper In responsible charge. 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NA063) 1993 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03942'37" W being established between FDOT monuments: PNCO2 stamped a7 13 PNCO2 (N 526779.1510, E 919562.7520) and PNC04 stamped 87 11 PNC04 (N 528164.0790, E 919472.9400) and therefrom a bearing of a; 87.52`14" E alone 0e Monument Line of NW 14th STREET between NW 9th AVENUE and N`1Y 10th AVENUE. 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. 6. Date Prepared: October 27th, 2014, THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SKEET 15 ATTACHED TO THE OTHER. 11}5 w. SANFIEL, DATE: 08-15-2015 PRO ;-SSIONAL LAND SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5636 THIS IS NOT A SURVEY -- — - j--._—.- _ MIAMI -DAD€ EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL. 805 -- �--- STATE ROAD NO. 836 MIAMI-DADE COUNTY Er DATEpp��,ro�z o u nuc �w.��� a�rx scwpce: _— sye�".`rl.TtaS'auilao SEE GENERAL NOTES RMSE GE Nn. 1. Z440M 09-27+3172015 i CHECKED JT.NOREJOR 11.0.7016 — — — —� — A.rnrRAc 11-03-2014Prol. N4. 83611 SECTION RG87200 SHEET 2 OF 3 -),, I OWNER'S NAPVE ! Pr?"= AR:A I $45 I CITY OF MIAMI i 11,425 1 UNDETERMINED 0 25 50 ]DO 150 'arm �-� Stele 10�. 50`,"�,��.. - LEGEND: N 87°38'15" E NW 12TH STREET LnN � FDCyT m FLORIDA �^ M i=5719.25'� j �g0�,z6« NZ« `!I DEPARTMENT OF A%do0'0T.Sj r,•0� � TRANSPORTATION A=5. 3' D4 0 �, S. R. = STATE ROAD C.B.=N 6 °51'39" E r \P$25J'. tCENTERLINE D. L7.w3 ,� -i to urn = BASELINE o 1 ' 25 j rn NOT R PROPERTY LINE u) c c�3 SUBDIVIDED P.Q,C, - POINT OF COMMENCEMENT w � w P.O.B. = POINT OF BEGINNING Doi 1 �'LB = LICENSED BUSINESS l � � ����� 1•R � ItAb[US CIVIC CENTER 'I'll A s CURVE LENGTH _ -. _ SECTION ONE $3'�� �t55� L _ A = DE=LTA (P.O. 75 PG. 36) ; I,y ajul D t - w C Ft P CD ® CHOAD DISTANCE PORTION Icrj� >, •- `pplp+r1t� ANG CS - CHORD BEARING TRACT 2 X NIA = NOT APPLICABLE G���%u w PG, = PAGE r 0'�� d PC O ,I �. P. B. = PLAT BOOK R1W = RIGHT OF WAY UA LIMITED ACCESS ���7 54 SSG v r_u� / Q SEC. = SECTION N ;14; / ,1OIL TWP. = TOWNSHIP 91,� `_ vi g9 RGE. - RANGE i`` •,' ,� '' SF w SQUARE FEET !" • .5 r'r C ©•_' } NY PROD. = PROJECT59'S1 No.= NUMBED N.T.S. - NOT TO SCALE gb � G 4 � --f-1f - EXISTING L/A Ft/W UNE EQ PCO 01 ��� ) '` �a�e — = PROPOSED G t.1�PE�` oa ����� vEn AERIAL EASEMENT 1��N 63rO 1 I = BLOCK NUMBER �Ie 44 gEX.- NG ry NOT N o -'''51 IA[W LINE -i as SUBDIVIDER gG5 = PARCEL IDENTIFICATION I Z5, NUMBER I CIVIC CENTER j SECTION ONEB0.63'(p} (p,8 PG 5 THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER, THIS 15 NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY SKETCH TO ACCOMPANY LEGAL DESCRIPTION — STATE ROAD NO. 036 MIAMI-DADE COUNTY &iTB U"ZE: SEE GEKRLLNO DRAM iT,MOREMN 11-I0-2034 { CHECI(®rA.TG"t T1-20.203+ Proj. NO. 83611 SECTION 87200 SHEET 3 OF 3 Lu rq R=5755 7g Sapp°3$'43" - _ _ - t A=51.42' i C. .-N b °Q5'26" E �n tri r' I C,,�51,2' m a: � FDCyT m FLORIDA �^ M i=5719.25'� j �g0�,z6« NZ« `!I DEPARTMENT OF A%do0'0T.Sj r,•0� � TRANSPORTATION A=5. 3' D4 0 �, S. R. = STATE ROAD C.B.=N 6 °51'39" E r \P$25J'. tCENTERLINE D. L7.w3 ,� -i to urn = BASELINE o 1 ' 25 j rn NOT R PROPERTY LINE u) c c�3 SUBDIVIDED P.Q,C, - POINT OF COMMENCEMENT w � w P.O.B. = POINT OF BEGINNING Doi 1 �'LB = LICENSED BUSINESS l � � ����� 1•R � ItAb[US CIVIC CENTER 'I'll A s CURVE LENGTH _ -. _ SECTION ONE $3'�� �t55� L _ A = DE=LTA (P.O. 75 PG. 36) ; I,y ajul D t - w C Ft P CD ® CHOAD DISTANCE PORTION Icrj� >, •- `pplp+r1t� ANG CS - CHORD BEARING TRACT 2 X NIA = NOT APPLICABLE G���%u w PG, = PAGE r 0'�� d PC O ,I �. P. B. = PLAT BOOK R1W = RIGHT OF WAY UA LIMITED ACCESS ���7 54 SSG v r_u� / Q SEC. = SECTION N ;14; / ,1OIL TWP. = TOWNSHIP 91,� `_ vi g9 RGE. - RANGE i`` •,' ,� '' SF w SQUARE FEET !" • .5 r'r C ©•_' } NY PROD. = PROJECT59'S1 No.= NUMBED N.T.S. - NOT TO SCALE gb � G 4 � --f-1f - EXISTING L/A Ft/W UNE EQ PCO 01 ��� ) '` �a�e — = PROPOSED G t.1�PE�` oa ����� vEn AERIAL EASEMENT 1��N 63rO 1 I = BLOCK NUMBER �Ie 44 gEX.- NG ry NOT N o -'''51 IA[W LINE -i as SUBDIVIDER gG5 = PARCEL IDENTIFICATION I Z5, NUMBER I CIVIC CENTER j SECTION ONEB0.63'(p} (p,8 PG 5 THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER, THIS 15 NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY SKETCH TO ACCOMPANY LEGAL DESCRIPTION — STATE ROAD NO. 036 MIAMI-DADE COUNTY &iTB U"ZE: SEE GEKRLLNO DRAM iT,MOREMN 11-I0-2034 { CHECI(®rA.TG"t T1-20.203+ Proj. NO. 83611 SECTION 87200 SHEET 3 OF 3 EXHIBIT B INSURANCE REQUIREMENTS MIAMI PERPETUAL AERIAL EASEMENT TO ?*IDX 1. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence S1,000,000 General Aggregate Limit S2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard 11. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident S 1,000,000 B. Endorsements Required City of Nfian-i, FDOT, and Miami Dade County listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability 1,000,000 for bodily injury caused by an accident, each accident. 1,000,000 for bodily injury caused by disease, each employee S 1,000,000 for bodily injury caused by disease, policy limit TV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate S1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable Iiability policies Contained herein The above policies shall provide the City of INTiami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of, Gail D. Scrota, Esq. Weiss Scrota Helfman Cole & Bierrnan, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AFRI -4L EASEMENT THIS PERPETUAL AERIAL EASENIENT (this "Perpetual Aerial Easement") made the day of _ , 2017, by THE CITY OF NITA1INIL a municipality of the State of Florida, Grantor, to the INI A—MI-WIDE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. WTI' IESSI~TH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grsrtec. its successors and. assi )ns, a perpetual aerial easernent for the purpose of construcling and mal.ntainiag tramp ortat:ion facilities within the following described land in Nlianii-Dade Cou tty, Florida, PARCEL 806 Project_ No. 83611 An aerial casement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States 'National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF Durina construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing,. for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property Lander the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 3BJ385603-Pereptual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.23, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk IManagement for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend, at tlteir sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit `B" attached hereto and made a kart hereof. 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. TO FL-WEAND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 381383603-Pereptual Aerial Easement with City of MEiiami Changes Accepted LN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF MIAMI -DARE The foregoing instrument was acknowledged 2017, by Daniel T. Alfonso, City Manager, who is as identification. Approved as Form and Correctness: Victoria Mendez, City Attorney 3 B]385603 -Perceptual Aerial Easement with City of Miami Changes Accepted The City of Miami IN Daniel J. Alfonso, City Manager before me this day of _ personally known to me or who has produced (Signature of person taking acknowledgment) (Type., print or stamp name under signature) Title or rank and serial number, if any: LEGAL DESCRIPTION - PARCEL 806: EXHIBIT A An aerial easement within that airspace vtrticaily enclosed; the Bottom Plane of which having an Elevation of 18,07 feet, according to the North American Vertical Datum of 1986 (NAVD85) as established by the United States National Geodetic Surrey, and the Top Plane extending to Infinity. The Easement Is lying above that portion of NW 12 STREET, westerly of Nw 12 AVENUE and adjoining southerly of Tract 6 of CMC CENTER SECTION ONE, a subdivision lying in the 5W Ya of Section 35, Township 53 South, Range 41 East, according to the plat thereof as recorded in Plat Book 75 at Page 36 of the Public Records of Mlannl-Dade County, Florida; the bottom plane of the easement being more particularly described as follows: COMMENCE at the point of tangency of the circular arc concave to the northeast formed In the southwest comer of said Tract 6 by the Intersection of the West fine of said Tract 6, coincident with the Easterly Right of Way Line of NW 13 AVENUE, with the South line of said Tract b, coincident with the Northerly Right of Way Line of NW 12 STREET; thence run N371139'08"E, along the South line of said Tract 6, coincident with the Northerly Right of Way Line of NW 12 STREET, for a distance of 124.67 feet to the POINT OF BEGINNING of the hereinafter described easement; thence continue N871139'08'E, along the South line of said Tract 6, coincident with the Northerly Right of Way Line of NW 12 STREET, for a distance of 102.38 Feet to the point of curvature of a circular curve concave to the northwest; thence run northeasterly, along said circular curve, havfng a radius of 125.04 feet through a central angle of 341105'02'subtending a 73,27 foot chord which bears N70036'37'E for an arc distance of 74.36 feet to a point of compound curvature of a circular curve concave to the northwest; thence run northeasterly, along said circular curve, having a radius of 25,01} feet through a central angle of 63029'23'subtending a 26.31 foot chord which bears N211149'24'E for an arc distance of 27.70 feet to a point of cusp on the Westerly Right of Way Line of NDN 12 AVENUE and Northeasterly line of the herein described easement, thence run 5091133'13"E, along said Easement fine and across IOW 12 STREET, for a distance of 77.65 feet to the point of intersection with the Existing Llmlted Access Right of Way Line, lying northwesterly of State Road 636, as shown in said F,D.O.T. Right of Way Map Section 67200-2505; thence run 563"51'00'W, along said Existing Limited Access Right of Way Line, for a distance of 49.63 feet to the point of Intersection with the Southerly Right of Way Une of NW 12 STREET, coincident with said Existing Limited Access Right of Way Line for State Road 836; thence run 587°39'087W, along the Southerly Limited Access and Right of Way Line of NW 12 STREET, for a distance of 257.68 feet to a point sof intersection with the Westerly line of the herein described easement, said point being on a circular curve concave to the Southeast; thence run northeasterly along said circular curve, also being the Westerly line of the easement, having a radius of 5,755.75 feet through a central angle of 01°12'37" subtending a 121.57 foot chord which bears N631"21'59"Er, for an arc distance of 121.57 feet to the point of intersection with the Northerly Rfght of Way Line of NW 12 STREET, and the POINT OF BEGINNING. Containing an area of 12,863 square feet, more or less. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET 15 ATTACHED TO THE OTHER. THIS 15 NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHOR17Y LEGAL DESCRIPTI©N-PARCEL 806 STATE ROAD NO. 8316 MIAMI-DADE COUNTY _ 8T I DATE "EPA= m 04rik sour4m: ' +++ A" ialiTe`leiis�v'.S°i i '� SEE GENERAL NOTES ADD BlJ=14 ELEV. 'J ZAMOAA WJS203s DMWN TAOMON 11-45•2034 rnr e� uR Chs u9Eu n.ro�rcne ►a•as-za:a Prof• NO. 93611 SECTION 87x00 SHEET I OF 3 GENERAL NOTES: 1, This Sketch Is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper In responsible charge, 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projectlon, North American Datum (NAD83) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03042'37" W being established between FDOT monuments: PNCO2 stamped 67 11 PNCO2 (N 525779.1510, E 919562,7520) and PNC04 stamped 87 11 PNC04 (N 528164.0790, E 919472,9400) and therefrom a bearing of S 87052'14' E along the Monument Llne of NW 14th STREET between NW 9th AVENUE and NW 10th AVENUE. 4. Addltlon and/or deletlons to survey maps, sketches or reports by any party other than the signing party are prohlbited without the written consent of the signing party. 5. Prepared for MIAMI -DADS EXPRESSWAY AUTHORITY. 6. Date Prepared: October 27th, 2014. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VAL D AND COMPLETE UNLESS EACH SHEET 15 ATTACHED TO THE OTHER. AFVgU1N SY JOSE L. KANFI-t; —,ATE: 08-15-2015 PROFS - ONAL LAND SURVEYOR AND MAPPER FLORI'•:. CERTIFICATE NO. 5535 THIS 1S NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORPTY LEGAL DESCRIPTION -PARCEL 806 STATE ROAD NO. 835 WWII 9AT2 l CHE7SEQ 8Y DATE - - i. 'wr vYi�l/��RS.IC a,iS'k_0., Y�°n %loifl .T-MORLON 1145.2014 A.SO]RAC 11434014 Proj. NO, 83611 WS MIAMI-DADE COUNTY .. ,.. RATA SOURM: .W ,...__... .. SEE GENERAL NOSES SLCTION 87700 SHEET 2 OF 3 LEGEND: FDOT - S. R. P.O.C. _ P.O.B. » LB m R A A = CD CB — N/A = PG. _ R!W UA — SEC. _ -Twp. RGE. SF PROD. No. _ 806 _ HAIjVb��� ri ,. [u 806 CITY OF MIAMI 12.863 SF I UNDETERMINED _�. D.� 30 60 120 _ 18Q FLORIDA DEPARTMENT OF ff TRANSPORTATION Scale: X" — 60' STATE ROAD S' 25' CENTERLINE �r BASELINE l CIVIC CENTER SECTION ONE — --- 5V n PROPERTY LINE (P.B. 75 PG. 36) �C_2 POINT OF COMMENCEMENT N TRACT 6 EXISTING POINT OF BEGINNING LICENSED BUSINESS RNA LINE jr''�� f �3. £� 1 /' �., _j ' 1- ' RADIUS CURVE LENGTH i 4 N 87'39"46" t P�1 P.O.B. 102,38' r - --� �G ,;u_ rn DELTA � _ 124.67' ��,'I . .r . �� "�..—'r _ 0�� X5,51. N 87 �9 a8 '� w CHORD DISTANCE `r' ui �, "` 4 S y' N D 631'),x' {" ~'' PROPOSED AERIAL EASEMENT—' CHORD BEARING i7 I } - .- c�- p �9 �/ 806 NW 12TH STREET NOT APPLICABLE �5�6uti G G . 257.6$' _ PAGE ry M S $7 39 d6..__W__ vi �< <-�---- PLAT BOOK 73-11' RIGHT OF WAY LIMITED ACCESS U8 ui `, S SECTION TOWNSHIP NOT RANGE u ; =v SW3DMDED `N p t -�6 PE55 `'; V0 SQUARE FEET Lu i r�i ty /' �J Qom` PROJECT u�i4 �c-�N 6�� 7Stai 5Q0 � �N ` ��ye`I Fp �Q. NUMBER `'�G $� o. ��.-`ecyt3"53 ti �.S E����� Od � 5� S !X 0� PARCEL IDENTIFICATION V4 I rp 65 Stili - NUMBER CURVE DATA 1: CURVE DATA 2: EXISTING UA RIW LINE A=34* ,00' A-63'gkm 4' 25' � � e=34a05'02" h�63.29'23' EXISTING EASEMENT LIFE ' A=74.36' A-27.70' PROPOSED AERIAL EASEMENT = BLOCK NUMBER C.B.=rip 7Q 3F 37 z C.D. 73.27' THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. MIAMI -DADS EXPRESSWAY SLATE ROA AUTHORITY KETCH TO ACCOMPANY ADD SOTFOhs kLEV. , J. ZAMOAA 08-15-2015 ORAVM :Y140"j LEGAL DESCRIPTION pkvtgom ; sv mvpc11OCr A.1W1 _ iuires ."___ i%Tr.` _. D NO. 636 AlMm eY ON 1 t-21-2034' i RAC 1121-20141, Pno). NO. 83611 L7U3 a� X ui V, C.B.—N 21 49 24 E C.D.-26.31' I'll) .,n �n T1 1@ THIS IS NOT A SURVEY MIAMI-DADE COUNTY ` G1711 sound SEE GF.NHRAL NOTES SECTION 872nd SHEET 3 OF 3 1I EXHIBIT B INSURANCE REQUIREhIEtiTS ltitlAN11 PERPETUAL. AERIA-L EASENTENT TO i4IDX Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence 51,000,000 General Aggregate LhTdt $2,000,000 Products/Completed Operations S 1,000,000 Personal and Advertising Injury $1.000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos,'Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B, Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. S 1,000,000 for bodily injury caused by disease, each employee 51,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy &-gregate $1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained herein The above policies shall provide the City of 1Vliami %ith written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V' as to Financial Strength, by the latest edition of Best's insurance Guide, published by A.11. Best Company, 01dwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of, Gail D. Scrota, Esq. Weiss Scrota Helfinan Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL. AERIAL EASENLENT THUS PERPETUAL AERIAL EASEIMENT (this "Perpetual Aerial Easement") made the day- of , 2017, by THE CITY OF MI—kNII, a municipality of the State of Florida. Grantor, to the RLIANII-DADE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Miami -Dade County, Florida, viz: PARCEL 808 Project. No. 83611 An aerial easement within that airspace vertically enclosed, the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAYD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Platte of the easement being more particularly described as follows (the "Easement Area'): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of 55,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. 'this Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 3BJ385603-Perepwal Aerial Easement with City or Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768 28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.2.8, Florida Statutes, as amended. This indemnification shall sunive any cancellation or expiration of this Easement. The Grantee will famish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals, bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Ex-hibit `-B attached hereto and made a part hereof, 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. TO FLN E AN -D TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor.. [Signatures appear on the following pa, -,c.] 383385603-Perepttwl Aerial Easement with City of Miami Changes Accepted N WFFNESS Wf EREOF, the said Grantor has caused these presents to be executed in its name ev its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COU.N-TY OF MIAMI -DARE The City of Miami Daniel J. Alfonso, City Manager The forecoino, instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: Approved as Form and Correctness: Victoria Mendez, City Attorney 3BJ385603-Pereptual Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 808. EXIIISIT A An aerial easement within that airspace vertically enclosed, the Bottom Plane of which having an Elevatlon of 19.49 feet, accordlr.g to the North American Vertical Datum of 1986 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to Infinity. The Easement is lying above that portion of NW 10 AVENUE, lying southerly of NW 14 STREET In the SEf of Section 35, Township 53 South, Range 41 East, as shown In the Florida Department of Transportation Right of Way Map for State Road 836, Section 87200-2505; In Miami -Dade County, Florida; the Bottom Plane of the easement being more particularly described as follows, COMMENCE at the point of Intersection of the Easterly Limited Access night of Way Line of NW 10 AVENUE with the Exlstin+g Limited Access night of Way Line, lying southeasterly of State Road 836, as shown in said F.€7.O.T. Right of Way Map Section 87200-2505, thence run 502°08'22'E, along the southerly extension of the Easterly Right of Way Line of NW 10 AVENUE, for a distance of 0.39 feet to the point of intersection with the Southeasterly line of the herein described easement and the POINT OF BEGINNING, said point 'being on a circular curve concave to the Southeast; thence ruts southwesterly, along said circular curve and easement line, having a radius of 4,571.75 feet through a central angle of 00043'44"subtending a 58,16 foot chord which bears 557008'44"1N, for an arc distance of 58.16 feet to the point of intersection with the Westerly Limited Access Right of Way Line of NW 10 AVENUE; thence run NO2008'22"W, along the Westerly Limited Access Right of Way Line of NW 10 AVENUE and its northerly extension, for a distance of 221.67 feet to a point of Intersection with the Northwesterly line of the herein described easement, said point being on a circular curve concave to the Southeast; thence run northeasterly, along said circular curve and easement line, having a radius of 5,768.75 through a central angle of 00035'01,9subtending a 58.77 foot chord which bears N57°25' 13"E, for an arc distance of 58.77 feet to the point of cusp of a circular curve concave to the East on the Easterly Right of Way Line of NW 10 AVENUE; thence run southwesterly, along said circular curve and right of way line, having a radius of 25.00 feet through a central angle of 13014'52"subtending a 5.77 foot chord which bears S041129'04"W, for an arc distance of 5.78 feet to the point of tangency; thence run S02008'22"E, along the Easterly Limited Access Right of Way Line, extended at its ends, of NW 10 AVENUE, for a distance of 226.01 feet to the point of intersection with the Southeasterly line of the herein described easement and the POINT OF BEGINNING. Containing an area of 11,076 square feet, more or less. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER, THIS I5 NOT A SURVEY MIAMI -DALE EXPRESSWAY AUTHORITY - --- - .- --_ _ -- LEGAL DESCRIPnON-PARCEL 808 - -- - I — STATE ROAD N0. 636 M14MI-DADE COUNTY -� _ , cw eeQ s acfor,rts -sC ewatm,s� wc. pArA �D': --� _ _ _ �xteuw�ef r�r�k'i�l►i.�d�tf',ew SE6 G£NF3W. NA1E5 ADO 80TRW ELPV. 1. L4NOAA. 65.15-19 f€ ORAWM T.MOREION 11-03-M4-- �tvlstaa er ATB + 016CKED A.T0IRAC1]- -0s.20 4 Pro], NO. 113611 SECTION 87200 » SHEET 1 of 3 GENERAL NOTES: 1, This Sketch is Not a Survey. 2. Reproductions of this map are not valid without the s;gnature and original raised seal of the Florida Licensed Surveyor and Mapper In responsible charge. 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAD83) 1983 adjustment 2007 and are based on a PNC Project Basellne bearing of N 03'42'371 W being established between FDOT monuments: PNCO2 stamped 67 11 PNCO2 (N 526779.1510, E 919562.7520) and PNC04 stamped 87 11 PNC04 (N 528164.0790, E 919472.9400) and therefrom a bearing of S 87'52'14' E along the Monument Line of NW 14th STREET between NW 9th AVENUE and NW 10th AVENUE. d. Addition and/or deletions to survey maps, sketches or reports by any party other than the slgnfng party are prohibited without the written consent of the signing party. 5. Prepared for MIAMI -DAD= EXPRESSWAY AUTHORITY, 6. Date Prepared: October 27th, 2014. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET 15 ATTACHED TO THE OTHER. 10.E;'L. SAN- EL '`DATE: 08-15-20i5 P, -FESSIONAL LAND SURVEYOR AND MAPPER F'ORIDA CERTIFICATE NO. 5635 THIS 1S NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORfTY LEGAL DESCRIPTION -PARCEL 808 STATE ROAD NO. 835 MIAMI-DADE COUNTY ORTA SOURCE �. ev NTE `-- m'a�a=t¢nrrees s�r".ii�a`liii�' SEE GENERAL NUFS DRAWN T.MOpEJON 11-0S-2014 _ _..__.. - ---_.. ..._.,.._.... as oN — "AIV — CHEOM0 A.T011SAC 11�5-za14 Pru/. NO. 83611 SECTION 07200 SHEET 2 OF 3 ;1Aj OWTM!tiRirr= "41s 1 NQ iP tlyd'vENTS 808 1 CITY OF MIAMI 11,076 SF I UNDETERMINED 0 35 50 100 150 r NW 147H STREET Scale: i" = 50'S 87053'14' W _ N 87035'11"- LEGrMD: — - --- - rCel�dZ* f .E R-zs.00' In FDOT ■- FLORIDA ;n fr51 •'3y, t7+�� ❑Z76°45'44" DEPARTMENT OF "� '�' *�q I1 1 A=33.49' TRANSPORTA71ON— S.R, - STATE ROAD -- -- — — g°' _ EXISTI{ EXISTING G• m-' RlJ� LINE;. �}' ° q = CENTEALINE TRACT A R/W LINE L' 'N, BASELINE e •:rte C-1 t MEDICAL CENTER It = PROPERTY LINE SURDMSIOfit __ 5 J LOT 16 BLOCK 1B LB = LICENSED BUSINESS r - P.B. 2 PA. 17 R RADIUS (P.B. 95 PG. 54) I� �' `''"� 25' A w CURVE LENGTH 1�t--- 20' �. ❑ DELTA N ° 17'03" E t t P CD - CHORD DISTANCE d CB - CHORD BEARING .0%3,1� N/A - NOT APPLICABLE z PG. = PAGE r_i w `- `' G P.B. = PLAT BOOK Z z N G• R/W = RIGHT OF WAY „n = Baia x L/A = LIMITED ACCESS rn ' X f SEC. - SECTION Ll 1a� 3r 4 Cluj ,- TWP. - TOWNSHIP r'' ¢%`,' ROE. w RANGE 1hi ¢ G SF = SQUARE FEET m ' o rq - } P4r�q C)') PROJ. = PROJECT CC) LU vi No. = NUMBER 0E �' P.O.C. POINT OF COMMENCEMENT C4 m 9 eq w t•, 0Ic P.O.B. = POINT OF BE=GINNING ff.•II++ N.T.S. = NOT TO SCALE �f' ��„ 4 EXISTING UA �1 1 R/W LINE f. ;�-:-__iac, `-2 Q' 25'I , • Q °�, a 1n = PROPOSED P.O.C. AERIAL EASEMENT a = BLOCK NUMBER S = PARCEL NUMBERIDI^AITIFICAT301+1 N.T.S.SL �C L q ¢�� TRACT 'A" HIGHLAND PARK ESTATES THIS DOCUMENT CONSISTS OF THREE (3) J �i (P.O. 166 PG, 94) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY �r SKETCH TO ACCOMPANY LEGAL DESCRIPTION --`-_---- I - STATE ROAD NO. 836 WAMI-RADE COUNTY BY DATE- c oo�aafAO tic ! °4TA SOURt�: tiati°m7,+�ic.in.:�+°riYeiS£E GENERAL. NOTE5 ADD BOTTOM ELEV. L ZAmo A e!-11•IS DRAWN TJ40P.EJON 11.20.2014 DATE CHECKED O .7DA.* --{FAC 11.20-2014Prof' NO. 83611 SECTION 87200 SHEET 3 OF 3 AEY190r/ i [Y ': rJbAFirk uer _ —- EXHIBIT B LNSURA.NCE REQUIREMENTS MIAMI PERPETUAL AERL&L EASEMENT TO MD C L Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured. Contingent Liability &: Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard 11. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability S 1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee S 100,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate S1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained herein The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications. shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of. Gail D. Serota, Esq. Weiss Serota Helfrian Cole &. Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33139 PERPETUAL .kERLAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this "Perpetual Aerial Easement") made the day of _ , 2017, by THE CITY OF 1ViIA.1II, a municipality of the State of Florida, Grantor, to the NiL011-DADS EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Ni fiami-Dade County, Florida, viz: PARCEL 809 Project. No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1938 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of 55,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of N'liami-Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for pub he transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 3BJ385603-Pereptual Acrial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and, obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to suc for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend, at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals, bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit "B" attached hereto and ma& a part hereof. 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. TO HAVE A'D`D TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 3SJ385603-Pereptual Aerial Easement with City of Miami Changes Accepted 1I\ WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF ]FLORIDA COUNTY OF MLAIMI I -DARE The City of Miarni LE Daniel J. Alfonso, City Manager The foregoing inst,-.iment was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to nie or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number. if anv. Approved as Form and Correctness: Victoria Mendez, City Attorney 3131385603-Pereptual Aerial £asesnent with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 809; EX-FUBI ' A An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 22.85 feet, according to the North American VerUcal Datum of 1488 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity. The easement Is lying above that portion of NW 14 STREET lying northerly of Biocks 17 and 18 of HIGHLAND PARK, a subdivision lying In the EYof Section 35, Township 53 South, Range 41 East, according to the plat thereof as recorded In Plat Book 2 at Page 13 of the Public Records of Mlaml-Dade County, Florida: being more particularly described as follows: BEGINNING at the point of intersection of the Southerly Limited Access Right of Way Line of NW 14 Street, coincident with the North line of said Black 18, with the existing limited access right of way line, lying northwesterly of State Road 836, as shown In said F.D.O.T. Rlght of Way Map Section 87200-2505; thence run S87052'14"W, along the Southerly Right of Way Line of HW 14 Street, coincident with the North line of said Block 18, for a distance of 60.87 feet to the point of Intersection with the Westerly line of the herein described easement, said point being on a circular curve concave to the southeast; thence run northeasterly, along said circular curve and easement line, having a radius of 5,768.75 feet, through a central angle of 41°32'113"subtending a 154.67 foot Chord which bears N58°51'49'E, for an arc distance of 154.67 feet to the point of Intersection with the Northerly Limited Access Flight of Way Line of NW 14 STREET; thence run N37.52'14"E, along the Northerly Limited Access Right of Way Line of NW 14 STREET, for a distance of 126,20 feet; thence run N46041'05"E, continuing along the Northerly Limited Access Right of Wall Line of NW 14 STREET, for a distance of 10.63 feet; thence run N87052'14"E, continuing along the Northerly LJmlted Access Right of Way Line of NW 14 STREET, for a distance of 252.87 feet; thence run S50056'37"l , continuing along the Northerly Limited Access Right of Way Line of NW 14 STREET, for a distance of 10.66 feet to the point of Intersection of a circular curve concave to the Sough; thence run easterly, continuing along the Northerly Limited Access Right of Way Line of NW 14 STREET and along said circular curve, having a radius of 1,108.42 feet through a central angle of 04*07'06'subtanding a 79.65 foot chard which bears N851,39'35"E, for an arc distance of 79.67 feet to the point of tangency; thence run NB3°36'02"E, continuing along the Northerly Limited Access Right of Way Line of NW 14 STREET, for a distance of 16.40 feet to the point of Intersection with Easterly line of the herein described easement, said point being on a circular curve concave to the Southeast thence run southwesterty, along said circular curve and easement line, having a radius of 4,573.25 feet through a central angle of 02°12'3Vsubtend:ng a 176.30 foot chord which bears S65°36'44"W, for an are distance of 176.31 feet the point of tangency; thence run S62003'04"W, along said easement line, for a distance of 28.82 feet to the point of intersection with the Southerly Llrnited Access Right of Way Line of NW 14 STREET; thence run 587052'14"W, along the Southerly Limited Access Right of Way Line of NW 14 STREET, coincident with the North line of said Block 17 In Plat Book 2 at Page 13, for a distance of 50.84 feet; thence run S46°41'05"W, continuing along the Southerly Limited Access Right of Way Line of NW 14 STREET, for a distance of 10.63 feet; thence run S87052'140W, continuing along the Southerly Limited Access Right of Way Line of NW 14 STREET, for a distance of 264.14 feet; thence run N50°56'37"W, continuing along the Southerly Limited Access Right of Way Line of FEW 14 STREET, for a distance of 10.63 feet; thence run S87'52'14"W, continuing along the Southerly Limited Access Right of Way Line of NW 14 STREET, coincident with the North line of said Block 16, for a distance of 45.48 feet to the POINT OF BEGINNING. Containing an area of 38,080 square feet, more or less. THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE:: OTHER. MIAMI-DADE EXPRESSWAY AUTHORITY — .- LEGAL DESCRIPTION -PARCEL 809 STATE ROAD NO. 836 MIAMI-DADE COUNTY .....���_ --.-•- 0-- + tlY MTE� •if xpK M..._... _ _ ..-. , LUTA 500F0CE: SEE GENEML Nms REVISED 8Y NDX 7.YlORfJ01Y 03 14-M-1 UXAWN 7MOM1EtON 1a-31.2014 RroOft- n wry cxECXef +�ralRac d ozy-zona ProJ. NO. 636]1 5�Ci70N 87200 SHEET 14F 4 GENERAL NOTES: 1. This Sketch Is Not a Surrey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper in responsible charge. 3, Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAD83) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03042'37" W being established between FDOT monuments. PNCO2 stamped 87_11_PNCO2 (N 526779.1510, E 919552.7520) and PNCC4 stamped 87_11_PNC04 (N 528164.4790, E 919472.9400) and therefrom a bearing of N 87051113' E along the Monument tine of NW 12th Street between NW 32th AVENUE and NW 13th AVENUE. 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the sfgning party. 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. 6. Date Prepared: October 27th, 2014. JOS�.�:: SAI<;FI�L, '" DATE: U6»23 -2Q 15 PR ESSIONAL LAND SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5636 THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL-, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER, MIAMI -LADE EXPRESSWAY AUTHORITY LEGA. DESCRIPTION -PARCEL 809 -- ---- { STATE ROAD NO, 836 MIAMI -DARE COUNTY fi- __ . _ g* �JAtE " oryu wtu.mc nc GMT► SGUKE: REVISED PAGE NO. 15 9 1. 0423-20. v u ry iia : —{ _ ERAL NATE 7�tc•w "iix'Ia iidon SEE GEIPS REViSES1 BY Md37( ' TMpFtFJGM' 03-19 IOdS� BRAWN tMOREIBN 40.2]-2014 " �f - — - - -nmseoN - a+ o� WWI= A.T�iRnc 10_21. o mol. NO. 83611 SECTION 87240 SHEET 2 OF 4 `. iNAA�fN, �;.CEL AREA I3LyiAINDFF�� 8139 J`TY OF MIAMI 38,080 SF UNDETERMINED LEGEND: 1201941 S.R. (. it R P.O.C. P.O.B. LB R A A CD CB N/A PG. P.B. R!W UA SEC. TWP. RGE. SF PROD. FLORIDA 0 50 100 200 300 DEPARTMENT OF ' TRANSPORTATION = STATE ROAD Scale: 1" _C}0' = CENTERLINE =w BASELINE it , j 1`f i B� �z 1 , PROPERTY LINE 1 % POINT OF COMMENCEMENT iI __ n HIGHLAND P R �.>�•-� ,� rar' � . % / POINT OF BEGINNING it / LICENSER BUSINESS i414P. a 6o,eQs� RADIUS10 CURVE LENGTH w t 13 = DELTA ;;j 1 1 �v CHORD DISTANCE 1ci 35 12 CHORD BEARING � a� a NOT APPLICABLE ,rt -- PAGE vr, S 97°52`14" W,/1_304.92' m rte+ N 87°52'14" E 344.42° mis, ^` PLAT BOOKnI " in NW 14TH STREET u? f ' + $09 r RIGHT OF WAY/� ti•d mr�.••—r------- LIMITED ACCESS ti — , •— 1 SEE DETA LP = SECTION > I ` P.O.B. AT° �[ } ; y-'.` . '\ SHEET 4 1 Fi as oc TOWNSHIP+25` _ 0 3`'L ` 15 2 RANGE w M �� 60 3' Sud a,o 2 1 SQUARE FEET �r .25'k 14 3 = PROJECT � " NUMBER - PARCEL IDENTIFICATION NUMBER - - — = EXISTING L/A R/W LINE - s PROPOSED AERIAL EASEMENT 1 j BLOCK NUMBER 17 5 5 i 1 I r - FIIGHIAND,PARIC (P.B. 2 PG. 13) f i THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY I - STATE ROAD NO, 836 AUTHORITY fKhuvo r: SKETCH TO ACCOMPANY -- — E j s.:•r'''"''K REVISED 11 MDX T.1111 /111/1111 DRAWN jT•MOREIphW 13-71-2014` L_.. LEGAL DESCRIPTION! gavismN 11r nAm CHECKED 1 &TOIRAC i 11.21-2014k Pro). NO. 83511 M LAMI-DADS COUNTY SfE C�NENAL HDt ES _ t SECnON 87200 i SHEET 3 OF 4 r N b DETAIL PARCEL 809 0 50 100 200 3130 ��� Rt 4108.42' 004 ,a-04'07'060 6 6 0 N46°41'05" E � C.B,-H 85°39'3'59 E 10.63' S 50a56'3I" E C.D.�-79.65' 10.66' N 83036'02" N 87052'14" 176.20 PROPOSED AERIAL EASEly ENT sN5'J �;�,32 4� ¢ ao9 NW 34Trt r ,TREET 106.35 .moif ♦ V 60.87' f 45.48' � 5 87"52'14'�W X64.14' S 87052'14° VII 10.63' 5056'37" W -i 2,4«y S 46°41'05" W.- ' Sk 10.63' �rs3 S 9-7052'14- SW It Lu 0 cc Ln CL vi. r� J w L' THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET 15 ATTACHED TO THE OTHER. THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY STATE ROAD NO. 836 MIAMI-DADE COUNTY AUTHORITY By SKETCH TO ACCOMPANY tar ,slit' Jl ', �,a ,' ° SEE GENERAL N0 fE5 y RfVISEO NY MOX 1 T,Mt ucht 03.39.2015 DRAWN T_MRREIOR 11-21-2814 LEGAL DESCRIPTION RCYI.(JN By DATT CMECXED i A.701W 11-21-2034 Pr°1• NO. 03611 SECTION 87200 SHEET 4 OF 4 .�.rsERJ fn-' -i 9FJtfP II EXHIBIT B INSURANCE, REQUIREINIENTS MIAMI PERPETUAL AERIAL EASEMENT TO MDX Commercial General Liability A_ Limits of Liability Bodily Injuy and Property Damage Liability Each Occurrence 51,000,000 General Aggregate Limit $ ?,000,000 Products/Completed Operations S1,000,000 Personal and Advertising Injury 51,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion., Collapse; and Underground Hazard Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident S1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Ill. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained herein The alcove policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above; The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This iinstrment prepared by, or under the direction of, Gail D. Scrota, Esq. Weiss Serota Helfman Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPET>r':kI. ,i ERIAL EASEMENT THIS PERPETUAL AERIAL EASE-MENT (this "Perpetual Aerial Easement") made the day of , 2017, by THE CITE' OF i HAIM, a municipality of the State of Florida, Grantor, to the NIJ AINII-DARE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described Iand in Miami -Dade County, Florida, viz: PARCEL 833 Project, No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AVD TO BE rvLADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami, -Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 3B1395003-Pereptual Aarial Easement with City of Mian Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the riorht to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their reg iew and approval. Any contractors utiliTed by Grantee in connection with activities undertaken in connection with this Easement shall: (L) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their neat iaent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals, bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit "B' attached hereto and made a part hereof. Any disputes between the parties under this instrument will be resolved in accordance with the Florida Govemmental Conflict Resolution Act, Ch. 164, Fla. Stat., as amender] from time to time. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. f Signatures appear on the following page.] 2 3BJ385603-Pereptual Aerial F..asernesit with City of Miami Changes Accepted IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date fust above written. ATTEST: Todd B. f Lannon, City Clerk STATE OF FLORIDA COUNTY OF MLkNfl-DADS The City of Miami By: Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: Approved as Form and Correctness: Victoria Mender, City Attorney W3$5603-Pereptual Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 833 EXHIBIT A An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having a minimum vertical clearance of 16.5 feet above ground elevation, according to the North American Vertical Datum of 1988 (NAVD88) as established by the United States National Geodetic Survey and the Top Plane extending to Infinity. The Easement Is lying above that portion of NW 14 STREET, as shown westerly of HW 5 AVENUE, In F.D.O.T. Right of Way Map for State Road 9 -Alt -95 in Section 87270-2475, and lying southeasterly of Lot 34 in Block 24 of DALE MILLER TRACT ADDITION No. 1, a subdivision lying In the NWy4of Section 36, Townshlp 53 South, Range 41 East, according to the plat thereof as recorded In Plat Hook 2 at Page 70 of the Public Records of Miaml-Dade County, Florida; the bottom plane of the easement being more particularly described as follows: COMMENCE at the point of Intersection of the south Iine of said Lot 34 In ®lock 24 , coincident with the Northerly Right of Way Line of N'r'il 14 STREET, with the Existing Limited Access Right of Way Line, lying Southwesterly of State Road 9 -AA -95, as shown In said F.D,07, Right of Way Map Section 87270-2475 said point being on a circular curve concave to the South; thence run southeasterly along said circular curve, also being the Northerly Right of Way Line of NW 14 STREET, having a radius of 1,183.42 feet through a central angle of 00015'51"subtending a 5.43 foot chord which bears S851120'06'E, for an arc distance of 5.45 feet to the POINT OF BEGINNING of the hereinafter described easement; thence continue southeasterly along said circular curve, also being the Northerly Right of Way Line of NW 14 STREET, having a radius of 1,163.42 feet through a central angle of 01'00'20'subtending a 20.77 foot chord which bears 585042'01"E, for an arc distance of 20.77 feet to a point of reverse curvature of a circular curve concave to the North; thence run southeasterly along said circular curve, also being the Northerly Right of Way Line of NW 14 STREET, having a radius of 1,113.92 feet through a central angle of 04011'36"subtending a 81.51 foot chord which bears S87°17'39'"1=, for an arc distance of 81.52 feet to the point of Intersection with the Northeasterly line of the herein described easement; thence run 549004'47"'E, along said easement line and across KW 14 STREET, for a distance of 95.54 feet to the point of intersection with the Existing Limited Access Right of Way Line, lying Southwesterly of State Road 9 -Ali -95, as shown in safd F,D,Q,T. Right of Way Map Section 87270-2475, coincident with the Southerly Right of Way Line of NW 14 STREET; thence run S87.37'39"W, along said Existing Limited Access Right of Way Line, lying Southwesterly of State Road 9-A/1-95, coincident with the Southerly Right of Way Line of NW 14 STREET, for a distance of 63.62 feet to a point of deflection on said Existing Limited Access Right of Way Line, lying Southwesterly of State Road 9-A/1-95, coincident with the Southerly Right of Way Line of NW 14 STREET; thence run S44004'51"W, along said Existing Limited Access Right of way Line, coincident with the Southerly Right of Way Line of NW 14 STREET, for a distance of 4.44 feet to a point of Intersection with the Southwesterly line of the herein described easement; thence run N55034'45'W, along said easement line and across NW 14 STREET, for a distance of 134.54 feet to the point of intersection with the Existing Limited Access Right of Way Line of State Road 9-A/1-95, coincident with the Northerly Right of Way Line of NW 14 STREET, and the POINT Of BEGINNING. Containing an area of 5,613 square feet, more or less. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. THIS IS NOT A SURVEY . 1 —1 MIAMI-DADE EXPRESSWAY AUTHORfiY LEGAL DESCRIPTION PARCELS 833 STATE ROAD NO. a36 MIAMI-DADE COUNTY -- • - By MW '�"t'""� � ' in ara�.sry a r4 WTA 5 UREE, SEE GEWUL N07E5 BRAWN 3.��c�QN 03.13-�015 VIEVAM n off CNEO= A.-MMAC 103-10.2-015POJ. No. 83611 secnori 87200 1 SHEET 2 OF 3 LEGAL DESCRIPTION - PARCEL 833 GENERAL NOTES: 1. This Sketch Is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper In responsible charge. 3. Bearings and coordinates are relative' to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAD83) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03042137" W being established between FDOT monuments: PNCO2 stamped 87_11_PNCO2 (N 526779.1510, E 919562.7520) and PNC04 stamped 87_11_PNC04 (N 528164.0790, E 919472.9400) and therefrom a bearing of N 87038'19" E along the Monument Une NW 12TH STREET of between NW NORTH DRIVE DRIVE and NW 13th AVENUE. 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. 6. Date 'Prepared: March 18th, 2015. THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID J "SI1'L. SANFIEL. DATE: 05-15-2015 AND COMPLETE UNLESS EACH SKEET IS :'OFESSIONAL LAND SURVEYOR AND MAPPER ATTACHED TO THE OTHER. FLORIDA CERTIFICATE NO. 5636 AEdwN THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION PARCELS 833 STATE ROAD NO. 536 MIAMI-DADE COUNTY . _n�cnVFa ac .. - aart SCUACF: — _ BY DATE � a mtz � �non.m 1� F.M, x ... _. — �vsu iM i,fE �. FrilP SEE GENERAL NOTES MUWN 7.i1ORE4oN 03.13.2035 __ ..-_... _..... -. .. ..� CHWICZ0 A.=#tAc 03.18-2015 Prcj. NO. 83613 5ECTION 87200 SH'EE'T 2 OF 3 -PARCEL NOT OWNER'SNAM PARCEL AREA i _ REMAINDER COMt?ft IJTS 833 CITY OF !MIAMI 5,613 SF UNDETERMINED DALE MILLER TRACT d ;0 40 BO 12Q to LEGEND: - ADDITION NO. 1 (P.B. 2 PG. 70J Scale: 1" 40' W S.R. =STATE ROAD EXISTING LIMITED ACCESS R/W LINE °C - CENTERLINE 33 a BASELINE �0 PER FDOT SEC. 87270-7475 f - PROPERTY LINE ! 24 �" !I G-1 (P) - PLAT 25' = NOT APPLICABLE34•- C2 nom'. LB = LICENSED BUSINESS `-- ._.. NIA EXISTING FV1N LINE _P.O.C. PG. .1 If_ P.B. -PLAT 900K P.4_fq B: R/W - RIGHT OF WAY /` 833�� SEC. = SECTION UA ^' TWP. = TOWNSHIP RGE. - RANGEspa �. �5�� SF = SQUARE FEET 4 ! S€37"37'39" Vy �S. `F, y �_ 5r. �`n PROD, - PROJECT iy F•4� �` P.O.C. = POINT OF COMMENCE n SEW 14TH STREET P.O.B. - POINT OF BEGINNING %D FDOT = FLORIDA DEPARTMENT - _ ,�� �` ` OF TRANSPORTATION - _ "`-�� R = RADIUS EXISTING RjW LINT �� �� '�.r f,..71 A =CURVE LENGTH i S44 04'51"W 63.62' D = DELTA DN.T.SI. i 4 4.44ks � ` S 87°37'39" W CD a CHORD DISTANCE 544'04'51"W N.T.S. =NOT TO SCALE 4.44' UA - LIMITED ACCESS R1W LINE BOOKER T. WASHINGTON JR. HIGH j - BLOCK NUMBER (P.3. 129 PG. 39) 24 CURVES DATA g33 8- = PARCEL IDENTIFICATION C-1 R=1183.42' A=00° 15'51" C-2 11=11R3.42' A=01 °00'20'° C-3 R=1113.92' A=04'1 1'36" NUMBER A-5.45' A=20.77' A-81.52' C.B.=N 86°20'06" W C.B.=5 8542'01" 'E C.B.=S 87°17'39' E — s= PROPOSED PERMANENT EASEMENT C.D.=5.45' C.D.=20.77' C.D.=81.51' — - - - = EXISTING RW LINE LJA R/lN LINE THIS DOCUMENT CONSISTS OF THREE (3) SHEETS AND SHALL -�-,� = EXISTING NOT BE CONSIDERED FULL VALID AND COMPLETE UNLESS MIAM[-DADS EXPRESSWAY AUTHORITY KETCH TO ACCOMPAI LEGAL. DESCRIPTION RtVRMN EACH SHEET 1S ATTACHED�TO THE OTHER. THIS IS NOT A SURVEY MIAMI-DADE COUNTY CMTA SOURCE 5!f GENERAL NOTES SECTION 87200 SHEET 3 OF 3 l STATIC ROAD NO. 836 IT DATE .Q�raq r' n�,-rem.a��a.c .. .._. . 1�'fa"iTaeSS-ial�iTa.: �.m""'�S r.w ORAv#N T.M8R510H 09-13-2025 CHECKED q.T01nAC 03 -la -z03-18-2015% Proj. NO, 611 er Oi1TE i I. II EXHIBIT B .INSURANCE REQUIREMENTS ,NIIAIII PERPETUAL AERIAL EASEMENT TO INIDX Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury 51,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability &:. Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III. Worker's Compensation Limits of Liability S tatutory-State of Florida Employer's Liability A. Limits of Liability S 1,000,000 for bodily injury caused by an accident, each accident. S 1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily- injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $ 1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained herein The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by AAI. Best Company, Oldwick, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of, Gail D. Scrota, Esq. Weiss Scrota Helfman Cole & Bierman, P -L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERLkL EASEMENT (this "Perpetual Aerial Easement") made the day of 2017, by THE CITY OF INIL011, a municipality of the State of Florida, Grantor, to the ;v1I ANTI -DARE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. A-ITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Nliami-Dade County, Florida, viz: PARCEL 339 Project. leo. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according; to the North American Vertical Datum of 1988 (NAVD38) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than 51,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantce will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Nliami-Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial 1~ asement contains the 3BJ385643-Pereprual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, and hold harmless the Grantor from all and against all suits, claims, judgments, and all loss, damage, costs or ebarges including attorney's fees and court costs arising directly or indirectly from the installation or maintenance, repair, use or existence of the Grantee's Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in, connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their- failure to secure necessary permits, approvals, bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit `B" attached hereto and made apart hereof. 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. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 3Bi385603-Perentual Azriat Easement wide City of Miami Changes Accepted IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF NIIA,NH-DADS The City of Miami US a Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: Approved as Form and Correctness: Victoria Mendez, City Attorney 3 3BJ385643-Pereptual Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 839: EXHIBIT A An aerial easement within that alrspace vertically enclosed; the Bottom Plane of which having an Elevation of 24.41 feet, according to the North American Vertical Datum of 1968 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to Infinity. That easement being a portion of the 10.00 foot Alley lying in Black 17, between Lots 1 & 16, In Block 17 of "HIGHLAND PARK', according to the plat thereof, recorded In Plat Book 2, at Page 13, of the Public Records of Miami -Dade County, Florida, and lying In the SE Y of Section 35, Township 53 South, Range 41 f=ast, Mlaml-Dade County, Florida, being more particularly described as follows; BEGINNING at the paint of intersection of the East line of said Lot 16, In Block 17 of `HIGHLAND PARK', coincident with the West fine of said 10.00 foot Ailey, with the Existing Limited Access Right of Way Line of SR 836 as per F.D.O.T. Right of Way Map for Section 87200-2505; thence run N6D032'4B'E, along the last described Existing Umited Access Right of Way Une of SR 836, for a distance of 11.27 feet to the point of Intersection with the Was; line of said Lot 1 In Block 17 of "HIGHLAND PARK", coincident with the East line of said 10.00 foot Alley; thence run S02°01'06"E, along the last described easement line, for a distance of 9.58 feet to the point of intersection with the Southeasterly Ilne of the herein described easement; thence run S62°05'23"W, along said Southeasterly line of this easement and across said 10.00 foot Alley, for a distance of 11.12 feet to the paint of Intersection with the East line of sa'd Lot 16 In Block 17, colncident with the West line of sa,d 10.00 foot Alley; thence run N02001'06'W, along the East fine of said Lot 16, coincident with the West line of said 10.00 foot Ailey, to the point of Intersection with the above described Existing Llmited Access Right of Way Line of SR 836, for a distance of 9,24 feet to the POINT OF BEGINNING. Containing an area of 94 square feet, more or less. GENERAL (VOTES: 3. This Sketch Is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper In responsible charge. 3. Bearings and coordinates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datura (NAD83) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03042'37' W being established between FDOT monuments: PNCO2 stamped 87 11 PNCO2 (N 525779.151D, E 919562.7520) and PNC04 stamped 87 11 PNC04 (N 528164.0790, E 919472.9400) and therefrom a 'bearing of N 87°38'19° E along the Monument Line NW 12TH STREET of between NW NORTH DRIVE DRIVE and NW 13th AVENUE. 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. 5. Prepared for MIAMI--DADE EXPRESSWAY AUTHORI'T'Y. 6. Date Prepared: May 15th, 2015. THIS DOCUMENT CONSISTS OF TWO (2) J051= �AFIE" DATE: 08-18-2015 T SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH PRY,—,SIONAL LAND SURVEYOR AND MAPPER 5HEET IS ATTACHED TO THE OTHER. FLC'?fIDA CERTIFICATE NO. 5636 THIS IS NOT A SURVEY ____ _ _ __ __ I MIAMI -DARE EXPRESSWAY AU'!`T-IORJrI'Y ..---LEGAL DESCRrPnON PARCEL 839 —~ STATE ROAD NO. 836 MIAMI -DARE COUNTY REV. EEAR101a N. zmou ON -11-2015 -- ----- — Am. AERIAL Box 1. 7.AMOAA 08.29-2015 I er ! aAse ma: �ggnr�� txt��1 �L we. ._ililFiiai�5ofq'711k�Lu.Ya+su� SEE GENeLtL N07E5 AREA REVISED 1.iAMORk�OG-O)-2015 DRAWN T.MOFIFJON1.0-t5-2015.—_ MOON - rr O.ITE� � CKEMED A.TOiRAC .a5-15.2015 Pro). NO. 83611 SECTION 17200 1 SHEET 1 4F 2 P CFL P.A;ftCEL AREA �+LN1AINp ' QMMENTS 839 CITY OF MEAMI 94 SF UNDETERMINED u1 s ' NW 14TH STREET 'lTn ui N 87°52']x#" E t7 Q + ' en Ln LEGEND:�' �• �tiC� �� I aZ3'� $ p`� r ..: r'' r' "' S. R. � STATE ROAD�55 o? :• �1 1 0. CL - CENTERLINE cc: $ ,aA � =BASELINE It = PROPERTY LINE "y1ll 0.1; N ���6. 15 ��.� . �. 839 (P) = PLAT 5 ; 10'LB i ►n -� a N� NI = LICENSED NOT APPLICABLE �� Q SEE DETAIL Q.� ,�� 'r15, u�r NIA 'P E 3 i in PG. = PAGE �14,.�x P. B. - PLAT BOOK S. `0 - I j z., RIW - RIGHT OF WAY :„ia t ! ua`I' �k— SEC. SECTION !,. 13 �p 4 TWP. - TOWNSHIP ��iu:_. `•� �.. �p ,?,.�&� w, RGE. - RANGE7) z 1 1 �i 6101�o SF - SQUARE FEET LLL PROI. = PROJECT 3 f' 12 O 0 P.O.B, k1? R.O.C. = POINT OF COMMENCE' ¢ "� t �” P.O.B. = POINT OF BEGINNING y FDOT - FLORIDA DEPARTMENT xv� Q'I m ui O F TRANSPORTATION: - 10 R - RADIUS A - CURVE LENGTH I HIGHLAND PARK o 4 I o A = DELTA (P.B. 2 PG. 13) CD a CHORE) DISTANCE zO 8 ! o �'L.015 N.T.5, or NOT TO SCALE' 5'. 10 ALLEY I 15' No. - NUMBER -th z © p � gag PARCEL IDENTIFICATION) 8-� NUMBER� NW 813TH STRW DETAIL PARCEL 839 - : = EXISTING LIA RIW LINE N.T.S. PROPOSED LIA R/W LINE 4 50 100 200 300 �- PROPOSED PERMANENT EASEMENT MIAMI -DADS EXPRESSWAY AUTHORITY SKETCH TO ACCOMPAI LEGAL DESCRIPTION Scwe: 1 = lu ; THIS DOCUMENT CONSISTS OF TWO (2) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. STATE ROAD NO. 835 MIAMI -RADE COUNTY REV. HEARING E. HATCH' N_ 2AMORA� 0946-2015 DT Oris I .94� r-� DATA SW Als:. D. 939 R6NSCR7EP : J. 7AMl1RA I U6`24-2015 I`` SEE GENUA N07k5 AREA REVISED J. ZAMORA106.01.2015 ''DRAWN ITA OREJON•. 05-35-2315• SEASION er j DATE CH8CUID A-7T7IRAC'!os-15ao�p� Pro). NO. 83611 SECTION 67200 SHEET 2 OF 2 II EXHIBIT B INSURANCE REQUIREw1ENTS MIANIT PERPETUAL AERIAL EASEMENT TO NIDX Commercial General Liability A. Limits of Liability Bodily Injury and. Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability &: Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III. NVorker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee S 1,000,000 for bodily injury caused by disease, policy limit N. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate S1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained herein The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of, Gail D. Serota, Esq. Weiss Scrota Relfinan Cole & Bierman, P.L. 2325 Ponce de Leon Blvd_, Suite 700 Coral Gables, Florida 33134 PERPETUAL AERIAL EASEMENT THIS PERPETUAL AERIAL EASEMENT (this "Perpetual Aerial Easement') made the day of . 2017, by THE CITY OF MLAAII, a municipality of the State of Florida, Grantor, to the MLA MI -DADS ENPRESSWAi' AUTHORITY, its successors and assigns, Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in ititiarni-Dade County, Florida, viz: PARCEL 848 Project. No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 1958 (NAVD88) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of $.5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than 550,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that Iimit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured in all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of Miami -Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 3BJ385643-Perepnial Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Any oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rights and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the right to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its liability for torts to the extent provided and allowed under Section 763.28, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. `lhe Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend, at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals, bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance iL-i accordance with Exhibit ``8" attached hereto and made a part hereof. 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. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page. ] 3BJ385603-Pereptual Aerial Casement with City of Miami Changes Accepted IN WYINESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its sea] to be hereto axed, attested by its City Clerk, the date first above written. ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF M AMI -D ADE The City of Miami M. Daniel J. Nfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgmnent) (Type, print or stamp name under signature) Title or rank and serial number, if any: Approved as Form and Correctness: Victoria Mendez, City Attorney 3 3BJ385503-Percptual Aerial FAsement with City of.Wami Changes Accepted LEGAL DESCRIPTION - PARCEL 848: EXHMI'T A An aerial easement within the airspace vertically enclosed; the Bottom Plane of which having a minimum vertical clearance of 15.5 feet above ground elevat'on, according to the North American Vertical Datum of 1988 (NAVD88), as established by the United States National Geodetic Survey and the Top Plane extending to infinity. The easement Is lying above that portion of NW 17th Street, which is lying more or less 241 feet West of the Easterly Limited Access Right of Way of the Interstate Highway 1-95 (State Road 9I9A) as per F.D.O.T. Right of Way Map for Section 87270.2426, and lying In the NW % of Section 36, Township 53 South, Range 41 East, in Miarnl-Dade County, Florida; the Bottom Plane of this easement being more particularly described as follows: COMMENCE at the point of Intersection of said Easterly Limited Access Right of Way line of 1-95 wlth the Northedy Limited Access Right of Way Line of NW 17th Street, thence run S87.33'11'W, along said limited Access Right of Way of NW 17th Street, for a distance of 25.55 feet; thence run S87433'070W continuing along last described Llm)ted Access Right of Way Line, for a distance of 190.03 feet; thence run 587°32'25"W, along said Limited Access Right of Way of NW 17th street, for a distanca of 4.35 feet to the point of Intersection with the East line of the herein described easement and the POINT OF BEGINNING; thence run S00947'00"E, along said East line of this easement, for a distance of 60.03 feet to the point of Intersection with the Southerly Llrnited Access Right of Way Line of NW 17th Street, thence run S87'32'25'W, along said Southerly Limited Access Right of Way line of NW 17th Street, for a distance of 42.98 feet to the point of Intersection with the West Line of the herein described easement; thence run N00934'16"W, along said West line of this easement, for a distance of 60.03 feet to the point of Intersection with said Northerly Limited Access Right of Way Line of NW 17th Street; thence run N87.32'25"E, along last described Limited Access Right of Way Line of WM 17th Street. for a distance of 42.76 feet, to the POINT OF BEGINNING. Containing an area of 2,572 square feet, more or less. GENERAL NOTES; 1. This Sketch Is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper in responsible charge, 3. Bearings and coordlnates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAD83) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 031142137` W being established between FDOT monuments: PNCO2 stamped 87 11 PNCO2 (N 526779,1510, E 919562.7520) and PNC04 stamped 87 11 PNC04 (N 523164,0790, E 919472.5400) and therefrom a bearing of S 87052'141 E along the Monument Line of NW 14th STREET between NW 9th AVENUE and NW 10th AVENUE. 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the.signing party, 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. 6. Date Prepared: May i5th, 2015. THIS DOCUMENT CONSISTS OF TWO (2) 'P'J=/M' r SHEETS AND SMALL NOT BE CONSIDERED L. -ANN IEL, ,t)ATE: 06-24-2015 FULL, VALID AND COMPLETE UNLESS EACH OFESSIONAL LANK SURVEYOR AND MAPPER SHEET IS ATTACHED TO THE OTHER. ` LORIDA CERTIFICATE NO. 5636 THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 848 -- STATE ROAD NO. 836 MIAMI-DAIDE COUNTY y mem a: OATH sounce - �` • it 0i47E My.0 9M11; wl' j4 SEE GENERAL NOME LEE REV390 � 1 ZAMORA 06.24.2015 ORAWN MMORFJON W 15-20M - _ _ - --- � _ _ R ewe CHECKED ' A.T01RAC0.1 � Pml. NO. 83611 SECTION 07270-2426 FSHEET 1 OF 2 ,d/diM(R D .tel: !'v /-..o*Am .16.17.04f .' "A. F,a11. - 11 '. ;'-t * 848 CITY OF MIAMI i 2,572 SP ! UNDO ERMINED LEGEND: - - - - - FDOT - FLORIDA 0 40 I10 160 240 DEPARTMENT OF w+ •.� ', -� TRANSPORTATION 0 k S.R. - STATE ROAD sca=e: CL - CENTERLINE S 87°32125" W_, BASELINE 4.35' "TOWNPARK'. SUBDIVISION 3 It = PROPERTY LINE P•U•B., � �� � U.R. PROJECT FLA. R-10 P.U.C. - POINT OF COMMENCEMENT PROPOSED N 87°32'25" E P.O.B. a POINT OF BEGINNING AERIAL _ / 42.75' rn Z� 2 (P.B. 86 PG. ::1) � LB = LICENSED 'BUSINESS u; EASEMENT R = RADIUS ¢ r ¢ 1 90 �� A = CURVE LENGTH vi .� o TRACT 7 a = DELTA, CD - CHORD DISTANCE +c Lntoo r `�, n0 . CS - CHORD SEARING cp Q ;x i + % _'' 0 N/A - NOT APPLICABLE PG. - PAGE 10 42.38' PLAT BOOK P.B. � fn S 87"32'25' yr .� ' 1 w R!W v RIGHT OF WAY u ti x.11° ; "�, - LIA = LIMITED ACCESS � S 87'32'25" W ��, Ln ;- SEC. = SECTION DETAIL PARCEL Bili 4 TWP. - TOWNSHIP1 � N.T.S.�. � 5 87°3'2'25" W r t S 87°33' 11" W a ti RGE, - RANGE 4 35 25.55' cn SF = SQUARE FEET N 87'32'25" E P.p 9 ` ° - P.O.C. 5 87 33'07 W ] 94.03' PROD. = PROJECT 142.9 �!t - _-._ . _ .._ ' .'' ' ' �` ( NW 17TH STREET n Z' No. = NUMBER ;n Tn\ PARCEL IDENTIFICATION _. ., 841. 848 - � t � L -EXISTING UA RIW LINE •_� NUMBER - f = EXISTING UA RIW LINE J - 190.03' r f ,• - `: �- 140.93` "` ---- s PROPOSED AERIAL EASEMENT 5 87°32'25' W 5 87,33'07"�+� 68.07'�r° -s 6.111, 5 87"33'11" W 1 l 1 BLOCK NUMBER S 87°32125" w o� THIS DOCUMENT CONSISTS OF TWO (2) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH 4:' SHEET 15 ATTACHED TO THE O'C'HER. THIS IS NOT A SURVEY T _ MIAMI-DA_.._�...,. DE EXPRESSWAY —_ _ —•-- STATE ROA AUTHORITY SKETCH TO ACCOMPAN ---- --_ -- ►' PARCEL sHAoeo i.. Z"__40__ " � aG-2+-ia1.s , T.M LEGAL DESCRIPTION p��. �, � �� mKK j A.TM )NO. 836 [Kit Isar o-Is.2015' _ RAC OS•i'1Z0E5' Pry}• ND. 83611 MIAMI-DAbE COUNTY Wok SOO&W see ednKRAL 1 arm — SECIION 97200 { SHEEP 2 OF 2 I. II. EXHIBIT B INSLLRANCE REQUIREMENTS MIAMI PERPETUAL AERIAL EASEMENT TO INIDX Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence 51,000,000 General Aggregate Limit $ 2,000,000 Products;'Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Nliaini, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises c&, Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or lion -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Ill. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability S 1,000,000 far bodily injury caused by an accident, each accident, S 1,000,000 for bodily injury caused by disease, each employee S 1,000,000 for bodily injury caused by disease, policy limit 1V. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami, FDOT, and Miami Dade. County listed as an additional insured Umbrella is excess follow form over all applicable Iiability policies Contained herein The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published. by A.M. Best Company, Uldwicic, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. This instrument prepared by, or under the direction of, Gail D. Serota, Esq. Weiss Serota Helftnan Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 PERPETUAL AERLkL EASEMENT THIS PERPETUAL. AERIAL EASEMENT (this "Perpetual Aerial Easement") made the day of . 2017, by THE CITY OF NILA II, a municipality of the State of Florida, Grantor, to the NaAINII-DARE EXPRESSWAY AUTHORITY, its successors and assigns, Grantee. bNTI i ESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual aerial easement for the purpose of constructing and maintaining transportation facilities within the following described land in Miami -Dade County, Florida, viz: PARCEL 850 Project. No. 83611 An aerial easement within that airspace vertically enclosed; the Bottom Plane of which having an Elevation of 25.55 feet, according to the North American Vertical Datum of 19$8 (NAVD83) as established by the United States National Geodetic Survey, and the Top Plane extending to infinity; the Bottom Plane of the easement being more particularly described as follows (the "Easement Area"): SEE EXHIBIT "A" ATTACHED HERETO AND TO BE MADE A PART HEREOF During construction, Grantee shall cause its construction contractor(s) to maintain comprehensive general liability insurance providing for a limit of an amount of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any occurrences; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the period the policy is carried, or in such amounts that Grantee may otherwise require for its construction project. Grantor shall be named as an Additional Insured mi all such policies and Grantee will provide a current copy of such insurance certificate to Grantor. The provisions of this Perpetual Aerial Easement shall be binding on Grantor, Grantee, and their respective successors and assigns as a covenant running with and binding upon the property under the Easement Area. This Perpetual Aerial Easement shall not be released or amended without the prior written consent of Grantee, which consent shall be evidenced by a document recorded in the Public Records of 1Vliami-Dade County, Florida. The parties agree this Perpetual Aerial Easement shall be released if the Grantee ceases to use it for public transportation purposes for a period of one year in which case the parties will promptly cooperate to execute a release of such easement. This Perpetual Aerial Easement contains the 3BJ385603-Pereptual Aerial Easement with City of Miami Changes Accepted entire agreement between the parties relating to the rights hereby granted and the obligations hereby assumed. Arty oral representations or modifications concerning this Perpetual Aerial Easement shall be of no force or effect. Grantee will have the right to enforce the terms of Perpetual Aerial Easement and the rijhts and obligations hereby created by the exercise of any rights and remedies provided under the laws of the State of Florida, including, without limitation, the richt to sue for damages for breach, injunction, or specific performance. Subject to the limitations of Section 768.28, Florida Statutes, as amended, by acceptance of this instrument, the Grantee agrees to indemnify, defend at its sole cost and expense, 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 Improvements within the Easement Area. The Grantee acknowledges its Ha'oility for torts to the extent provided and allowed under Section 763.25, Florida Statutes, as amended. This indemnification shall survive any cancellation or expiration of this Easement. The Grantee will furnish its customary letter or statement of self-insurance to the Grantor's Director of Risk Management for their review and approval. Any contractors utilized by Grantee in connection with activities undertaken in connection with this Easement shall: (1) indemnify, hold harmless, and defend , at their sole cost and expense, the Grantor and the Grantee for their negligent acts or omissions of the contractor and its subcontractors or their failure to secure necessary permits, approvals , bonding or insurance or to comply with applicable codes, laws and regulations in connection with any activities undertaken on the Easement Area; and (2) obtain and provide to Grantor a certificate of insurance in accordance with Exhibit "B" attached hereto and made a part hereof. 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. TO HAVE ANDTO HOLD the same unto said Grantee, its successors and assigns forever and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. [Signatures appear on the following page.] 3BJ385603-Pereptual Aerial Easement with City of Miami Changes Accepted IN WITNESS 'W'-flEREOF, the said Grantor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written - ATTEST: Todd B. Hannon, City Clerk STATE OF FLORIDA COUNTY OF MIAMI -DADS The City of Miami By - Daniel J. Alfonso, City Manager The foregoing instrument was acknowledged before me this day of 2017, by Daniel J. Alfonso, City Manager, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: Approved as Form and Correctness: Victoria Mendez, City Attorney 3Bd365603-Aerepwai Aerial Easement with City of Miami Changes Accepted LEGAL DESCRIPTION - PARCEL 850: EXHIBIT A That easement tieing a portion of NW 6' Avenue (City of Miami) lying between the East line of Lots 2 and 3, in Block 23, and the West line of Lot 33, In Block 24 of `DALE MILER TRACT ADDITION No. 1', according to the plat thereof, recorded In Plat Book 2, at Page 7a, of the Public Records of Mlarnl-Dade County, Florida, all lying In the NW Y of Section 36, Township 53 South, Range 41 East, State of Florida; being more particularly described as follows:. BEGINNING at the point of Intersection of the East line of said Lot 3, In Block 23 of "DALE MILLER TRACT ADDITION No. 10, coincident with the Westerly Right of Way line of NW 6' Avenue, with the Existing Limited Access Right of Way Line lying Southwesterly of SR 636 as per F.D.O.T. Right of Way Map Section 87200-OOOC; this easement lying Southwesterly and adjoining said Existing Limited Access Right of !Nay Line of SR 836 ramp; thence run S65.02'47'E, along the last described Existing Limited Access Right of Way Line of SR 836 ramp, for a distance of 44.56 feet to the point of Intersection with the West line of said Lot 33, In alock 24 of 'DALE MILLER TRACT ADOiTON No. 10, coincident with the Easterly Right of Way Line of NW 6' Avenue; thence run SOI'12'06'E, along the last described Right of Way Line, for a distance of 7.59 feet to the port of Intersection with the Southwesterly line of the herein descrlbed easement.- thence run h65'02'47'W, along said Southwesterly easement fine lying southwesterly of and parallel to the Existing Limited Access Right of Way Line lying Southwesterly of SR 836 as per F.D.O.T. Right of Way Map Section 87200-000C, for a distance of 44.56 feet, to the point of Intersection with the East line of said Lot 2, In Block 23, of 'DALE MILLER: TRACT ADDITION No. 1" thence run ND1012'05'W; along the East line of said Lots 2 and 3, In Block 23, of 'DALE MILLER TRACT ADDMON No. 1, coincident with the Westerly Right of Way Line of NW 6 Avenue (City of Miami), for a distance of 7.59 feet to the point of Intersection with said Existing Limited Access Right of Way Lane of SR 835 ramp and the POINT OF BEGINNING. Containing an area of 303 square feet, more or less. THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SMALL NOT BE CONSIDERED FULL., VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. THIS IS NOT A SURVEY —--------..---- MIAMI•DADE EXPRESSWAY AUTHORITY LEGAL DESCRIPTION -PARCEL 850 STATE ROAD NO. 836 IMIAMI-DADE COUNTY -- —.. i BY DATE ! T.G we - — WWI SOUP111 - — - - - - w SEE GENERAL MOM PARALLEL TO ILIA. 1. ZAMOR4 09-0WNIS DRAWN iT.MOREJON 09-12-20114 — � --- — pays= J er CAT[ GHJ OMD ; A-TOMAt 08_L_201s Prol, NO. 836 i 1 5EC77dij $7206 SHELT 1 OF 4 I GENERAL NOTES: 1. This Sketch Is Not a Survey. 2. Reproductions of this map are not valid without the signature and original raised seal of the Florida Licensed Surveyor and Mapper In responsible charg6. 3. Bearings and coardlnates are relative to the State Plane Coordinates System, Florida East Zone, Traverse Mercator Projection, North American Datum (NAA83) 1983 adjustment 2007 and are based on a PNC Project Baseline bearing of N 03°42`37" W being established between FDOT monuments. PNCO2 stamped 87 11 PNCO2 (N 526779.1510, E 919562.7520) and PNC04 stamped 87 11 PNC04 (N 528164.079D, E 919472.9400) and therefrom a bearing of„.r 87052'14' E along the Monument Line of NW 14th STREET between NW 9th AVENUE and NW 10th AVENUE. 4. Addition and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohlblted without the written consent of the signing party. 5. Prepared for MIAMI-DADE EXPRESSWAY AUTHORITY. 6. Date Prepared: August 07th, 2015. THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET IS ATTACHED TO THE OTHER. � _//� �'_ - � � JOSz L. SANFI21, DATE: 09-09-2415 �”-'IESSIONAL LAND SURVEYOR AND MAPPER FL.-RIDA CERTIFICATE NO. 5636 THIS IS NOT A SURVEY MIAMI-DADE EXPRESSWAY AUTHORrY LEGAL DESCRIPTION -PARCEL 850 STATE ROAD NO- 836 MIAMI-DADE COUNTY gMNN 1J. 2AMIORA,O&]�-7415 I SEE GENENAI N[i7E5 ».� a+ai I rr DATE 1 XTOMr C iae-1a-aa Ls Pro)- No- 83631 SEL 87200 SHEET 2 OF 4 1FAIALE1 NOT - �4.Y1i�EL"a SIAM 850 v CITY OF MIAMI LEGEND: (A) = CRY OF MIAMI ATLAS CL — CENTERLINE — BASELINE Q � - PROPERTY LINE (iI) - PIAT LB = LICENSED BUSINESS NIA a NOT APPLICABLE PG. — PAGE P.B. - PLAT BOOK R/W = RIGHT OF WAY UA - LIMITED ACCESS R/W LINE SEC. SECTION TWP. = TOWNSHIP RGE. = RANGE S.R. STATE ROAD SF SQUARE FEET PRO). = PROJECT P.O.C. = POINT OF COMMENCE P.O.B. = POINT OF BEGINNING FOOT = FLORIDA DEPARTMENT X7221 I °� `�,c m, OF TRANSPORTATION R RADIUS A s CURVE LENGTH a = DELTA CD CHORD DISTANCE H.T.S. NOT TO SCALE Na. NUMBER efts4 f r< lil M�IVL 303 SF UNDETERMINED 4 20 40 80 120 _ cele: 11 - 40'' - g50 = PARCEL IDENTIFICATION NUMBER EXISTING LIA R/W LINE -- t. PROPOSED PERMANEN T EASEMENT THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET 1S ATTACHED TO THE OTHER. MIAMI-DADE EXPRESSWAY AUTHORITY KETCH TO ACCOMPAt LEGAL DESCRIFT10N SEE PARCEL DETAIL SHEET 4 P.0.9. EAST UNE LOT 3 (PB 2 PG 70) Rin } rn PERMANENT i w y � r 843\1 uii a 1 2 j 3 4 (EASEMENT- E ¢ t ^� iu T �� r 852 ) to ROBERTS & ter'~ I. -` 2 `n! �Qz I 33 GRENTNER ADDITJON 729) 735 ! 23 '�` 3'�' ~' L(P.B. 10 PG. 56) w f r 34 25'(A) -. w� I 128.57{A)4 37.5'{A) I 37.5'tA) 15' Z5' �ZS' 112.5 2.5 �._.._ ui EXISTING R/W LIME of to ,um -- NW 14TH STREET (LEGRO ST) pJ 587037'39"W w� J Lq STATE ROAD NO. 834 PAAALLEL.lO4VA;;?AMFtA1 09 -OU -2013 MAW" L IAUWAA{4 42-20M f. THIS IS NOT A SURVEY MIAMI-DADE COUNTY 1u 61V l 1 pml. Nd. 83611 SEcnom 87200 I SHEET 3 OF 4 S.R. 836 EAST - WEST DOLPHIN EXPRESSWAY Q � M- NW �a SEC. 36, TWP 535, RGE 41E NO1 03'00"W- EXISTING LIMITED ACCESS R1W LINE 8_60` PER FOOT i SEC. 87200-OOOC .0_. - DALE MILLER TRACT z " ! / ADDITION NO. I '�` �-I (P.B. 2 PG. 70 ! S �` - ��ol V� _r / S�w� a'__ 4 or r r�rn cv o X7221 I °� `�,c m, Q ca ` ri I r, 3 W l~ QIQ Ln- rn ip PROPOSED r 84Z').--.' g50 = PARCEL IDENTIFICATION NUMBER EXISTING LIA R/W LINE -- t. PROPOSED PERMANEN T EASEMENT THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SHEET 1S ATTACHED TO THE OTHER. MIAMI-DADE EXPRESSWAY AUTHORITY KETCH TO ACCOMPAt LEGAL DESCRIFT10N SEE PARCEL DETAIL SHEET 4 P.0.9. EAST UNE LOT 3 (PB 2 PG 70) Rin } rn PERMANENT i w y � r 843\1 uii a 1 2 j 3 4 (EASEMENT- E ¢ t ^� iu T �� r 852 ) to ROBERTS & ter'~ I. -` 2 `n! �Qz I 33 GRENTNER ADDITJON 729) 735 ! 23 '�` 3'�' ~' L(P.B. 10 PG. 56) w f r 34 25'(A) -. w� I 128.57{A)4 37.5'{A) I 37.5'tA) 15' Z5' �ZS' 112.5 2.5 �._.._ ui EXISTING R/W LIME of to ,um -- NW 14TH STREET (LEGRO ST) pJ 587037'39"W w� J Lq STATE ROAD NO. 834 PAAALLEL.lO4VA;;?AMFtA1 09 -OU -2013 MAW" L IAUWAA{4 42-20M f. THIS IS NOT A SURVEY MIAMI-DADE COUNTY 1u 61V l 1 pml. Nd. 83611 SEcnom 87200 I SHEET 3 OF 4 FAST LINE OF LOT 3 BLK 23 (P5 2 PG. 70) '8411 1 �N0.1. EXISTING UMITED ACCESS R/W UNE PER FDOT SEC. 87200-OOOC THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SKEET IS ATTACHED TO THE OTHER. THIS IS HOT A SURVEY MIAMI- ADE EXPRESSWAY STATE ROAD NO. 835 MIAMI DADE COUNTY AUTH£iRtiY 4 er vAit rncswso er: DATA S&*Wtz - - �SKETCH TO ACCOMPAN' — _ �'' � M• � AEE 0"ERAL,MES oARALL2L ro tJA J. ZAMORAI 09-93.2435 13RAWW 7-MoRe;Q",09-I2-2019 LEGAL DESCRIPTION mw x p we i UA12: C"LcKED A. TOLRAC' os-12-201VF°P. NO.83611 SEC170H 87200 SHEAT 4 OF 4 e. v r`Lyr Z '842 i �a .-� $So �- —r z N 4 �S w40 � j. ',043) 010 u-rn w � � ui Ln �mry z Q kd m �Oa 40' �m DETAIL PARCEL 850 N.T.S.o`" THIS DOCUMENT CONSISTS OF FOUR (4) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS EACH SKEET IS ATTACHED TO THE OTHER. THIS IS HOT A SURVEY MIAMI- ADE EXPRESSWAY STATE ROAD NO. 835 MIAMI DADE COUNTY AUTH£iRtiY 4 er vAit rncswso er: DATA S&*Wtz - - �SKETCH TO ACCOMPAN' — _ �'' � M• � AEE 0"ERAL,MES oARALL2L ro tJA J. ZAMORAI 09-93.2435 13RAWW 7-MoRe;Q",09-I2-2019 LEGAL DESCRIPTION mw x p we i UA12: C"LcKED A. TOLRAC' os-12-201VF°P. NO.83611 SEC170H 87200 SHEAT 4 OF 4 I. II. EXHIBIT B V6URANCE REQUIREMENTS AIIAAH PERPETUAL AERIAL EASEMENT TO hIDX Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence 51,000,000 General Aggregate Limit S2,000,000 Products.'Cornpleted Operations S 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident S 1,000,000 B. Endorsements Required City of Miami, FDOT, and Miami Dade County listed as an additional insured III. VV'arker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee 51,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami, FDOT, and Miami Dade County listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained herein The above policies shall provide the City of i4l.iami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval.