Grant of Subsurface Easement c2 Old-a 7?30
Return to: Liliana M. Rainey-Lacau
Water and Sewer Real Estate Manager
Miami-Dade Water and Sewer Department
3071 SW 38t" Ave (LeJeune Road, 2rid Floor)
Miami, Florida 33146
GRANT OF SUBSURFACE EASEMENT Reserved for Circuit Court
THIS INDENTURE, made this day of , 2014, between
the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, (hereinafter
called GRANTOR), and MIAMI-DADE COUNTY, a political subdivision of the State of
Florida, whose mailing address is c/o Miami-Dade Water and Sewer Department, P.O.
Box 330316, Miami, FL 33233-0316, (hereinafter called GRANTEE);
WITNESSETH:
THAT, the GRANTOR, for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable considerations, the receipt of which is hereby
acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE,
its successors and assigns, forever, the right and privilege of a 40-foot wide non-
exclusive sanitary sewage force main subsurface easement on the property of the
GRANTOR, shown and described on EXHIBIT "A" attached hereto and made a part
hereof, (hereinafter called the EASEMENT) to, construct, install, inspect, operate and
maintain the sanitary sewage force main facilities, and all appurtenant facilities thereto
(the "FACILITIES"), with right to reconstruct, improve, change and remove all or any of
the facilities within the easement, with the full right of ingress thereto and egress
therefrom on the express condition that it is used for the express purposes provided
herein;
The GRANTEE shall regulate the right of ingress thereto and egress therefrom
so as not to conflict with normal operations of the GRANTOR; however, the GRANTEE
shall have full right to enter upon the EASEMENT at any time when normal operations or
emergency repairs of the FACILITIES are required.
By acceptance of this instrument, the GRANTEE agrees to indemnify and hold
harmless the GRANTOR from all and against all suits, claims, judgments, and all loss,
damage, costs or charges including attorney's fees and court costs solely arising from
the installation or maintenance, repair, or use of the EASEMENT, or existence of the
GRANTEE'S FACILITIES in or adjacent to the EASEMENT. The GRANTEE
acknowledges its liability for torts to the extent provided and allowed under Section
768.28, Florida Statutes. This indemnification shall survive any cancellation of this
agreement.
The GRANTEE shall be held responsible for any damage to adjacent property as
a result of the exercise of any rights under this EASEMENT, including but not limited to
operation of the FACILITIES, following execution and acceptance of this EASEMENT.
The GRANTEE shall restore all pavement, sidewalk, curb and gutter, existing utilities
and landscaping to its original condition.
The GRANTEE during the course of its exercise of any rights under this
EASEMENT, including but not limited to operation of the FACILITIES following execution
and acceptance of this EASEMENT, shall not encroach beyond the boundaries of the
EASEMENT or any other easement that may be granted by the GRANTOR. Should the
EASEMENT be abandoned or discontinued by law or otherwise, or no longer of use for
the purposes provided herein or if the GRANTEE does not comply with any term,
covenant, or condition of this instrument, the said EASEMENT shall automatically cease
and revert with the right of immediate possession and right of entry to the GRANTOR or
its successors in interest.
The GRANTOR does hereby affirm that it has full power and authority to grant
this EASEMENT and GRANTEE accepts the property in "as is" condition.
All notices, requests, consents and other communications required or permitted
under this EASEMENT shall be in writing (including telex and telegraphic
communications) and shall be (as elected by the person giving such notice) hand
2
delivered by messenger or courier service, telecommunicated, or mailed (airmail if
international) by registered or certified mail (postage prepaid), return receipt requested,
or sent by any form of overnight mail, addressed to:
TO GRANTOR: WITH COPIES TO:
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
City Manager City Attorney
City of Miami Beach City of Miami Beach
1700 Convention Center Drive 1700 Convention Center Drive
Miami Beach, FL 33139 Miami Beach, FL
TO GRANTEE: WITH COPIES TO:
Miami-Dade County Miami-Dade County
Water and Sewer Department County Attorney
Attn: Director 111 N.W. 1 St Street, Suite 2810
Miami, FL 33146 Miami, FL 33128
or to such other address as any party may designate by notice complying with the terms
of this paragraph. Each such notice shall be deemed delivered (1) on the date delivered
if by personal delivery; (2) on the date telecommunicated if by telegraph; (3) on the date
of transmission with confirmed receipt if by telex, telefax or other telegraphic method; (4)
on the date upon which the return receipt is signed or delivery is refused or the notice is
designated by the postal authorities as not deliverable, as the case may be, if mailed;
and (5) one day after mailing by any form of overnight mail service.
Any disputes between the parties under this instrument will be resolved in
accordance with the Florida Governmental Conflict Resolution Act, Ch. 164, Fla. Stat.,
as amended from time to time.
(The rest of this page is intentionally blank.)
J
I
IN WITNESS WHEREOF, the GRANTOR herein has caused these presents to
be executed in its name on the day and year first above written. Attestation of this
EASEMENT by the City Clerk shall constitute evidence of approval by the City of Miami
Beach.
CITY OF MIAMI BEACH, a Muni al',"�
Corporation of the State of F r', s
By: f
Philip Levine, May r
ATTEST:-gyp'
ZL q/Z _P L
INCORP ORATED:
City erk ' N�'
Y N. 0\
SEAL
APPROVED AS TO FORM AND LANGUAGE
AND FOR EXECUTION:
City Attorney
4
ACCEPTED BY:
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
By: By:
Harvey Ruvin Carlos A. Gimenez
Clerk of the Board County Mayor
Approved as to form
and legal sufficiency.
Assistant County Attorney
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VICINITY MAP
NOT TO SCALE
A PORTION OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 54 SOUTH,
RANGE 42 EAST MIAMI-DADE COUNTY, FLORIDA
SURVEYOR'S NOTES:
1— This "SKETCH & LEGAL DESCRIP77O " to create a permanent subsurface easement is based on
recorded documents.
2— This Certification is only for the lands as described, it is not as certification of Title, Zoning,
Easement, or Freedom of Encumbrances, ABSTRACT NOT REVIEWED.
3— There may be additional Restrictions not shown on this survey that may be found in the Public
Records of this County. Examination of ABSTRACT OF TITLE will have to be made to determine
recorded instruments, if any affecting this property.
4— Ownership subject to OPINION OF TIRE.
5— Unless otherwise noted, this Firm did not attempt to locate Footings and/or Foundations (Underground)
6— This "SKETCH & LEGAL DESCRIPRON" has been prepared for the exclusive use of the entities
named hereon.
7— Precision of Closure 1:10,000 Urban Class Survey.
8— The Bearings and Distances stated herein are based on the Mercator Grid System of the Florida East
Coast Zone, as adjusted in North American Datum 83/90.
G"2Tea
1.TAS IS NOT A FIELD SL1ZVET.
ran-1 BY.s.as. SHEET
SUITE
Alff ffJ%V® ® SUITE 207.575lIAVE CITY OF MIAMI BEACH
2
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EXHIBIT
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- 1 - 1 - - J--- 1--�
u- > SOUTH POINTE DRIVE .4% r
0
wa $ PLAT} —
(BISCAYNE AVENUE PER
SOUTH RIGHT OF WAY LINE $ °
0
C
OF SOUTH POINTE DRIVE °- c0i
c N87'38'57'E (BASIS OF BEARINGS)--------------- r — — —- R/W
—- ----- -- --- ------ j �R/W.
I "K NORTH LINE OF 1 I
1 SECTION 10-54-42 1 f
80 160
GRAPHIC SCALE
WESTERLY LINE OF A 1 ! o^ '� f SCALE I"=80-
100.00 FOOT RIGHT OF WAY ! w ci a
PER O.R.B. 12566, PG.2911 ! f Y°' r Q I f
1 FOR WASHINGTON AVENUE g O 2 tt1
— - - - -- -1
--- -- -- --_ - - l _ °x 1=j I
F -- -- �— �o CO Q f I-
0
l LOTS i OT 1
31 OCIC 8 _:.
2 r f` W �3g f � I _ I
LOT 3 "SOUTH BP APP PARK" r f f 3'_OCIC 7
r
SOUTH h '
(p B. 6 PG. 77) ; — —— —fL__— f�,° f (PB. 6 Pa 77)6;na<
LOT
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--------------- - --_. - - - -- --- - - - --� Roo.o�
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,:^ `l 3r., •; l I ca a / \(?3.6?G.77) I
..._., 1 r o et LOT 5
LEGEND ' i sa
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PB. Plat Book i 1 /
PG. Page -----J I /
O.R.B. Official Records Book r
C.M.B. City of Miami Beach i � EXISTING ELEVATION
13 GROUND VARIES
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\ 'fir 1�•�i- � S -.. I
sV:-%v_C'v tit w i :-.J
J=:Jam•. . :.,..
3 84'}2'20" �R 24C`IO-.;;�6...; r
E 225.81' I
_
NGVD 1929
N 84'12'20° y__ �. '1 pp j ��/
W 194.53
'-. POINT OF 5� 0 88UR� 1/
c: 50.79' J Sgh cfl �6ASE N ./ ELEV.-(-•)100
BEGINNING N84-1220" NGVD 1929
m 9 s
s
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•`- ����F r � v::'`� SUBSURFACE EASEMENT
NOTES F
I.THIS '
IS IS OT A FIELD SLRVET. TYPICAL SECTION
2 ELARINGS SHOWN 1,�AQ-,BASED ON AN AS9J%C—D KEPID1AN ALa�r,TI-E SOIJ114 NOT TO/SCALE
RIGHT OF WAY LWG OF SOUTH POINT DRIVE,N 87'35.5T E.
O " ® 1330 SY,I.5TI1;AVSNLE DNX01 87 8.115. SHEET
AVI 11 SLATE 207 CITY OF MIAMI 6 E A C I—I 41/ CHECKED BY:11RA.
WEST hIJAMI,FLORIDA 33144
TEL(305)265.5030-FAX(305)265-5033 40' MDWASD SUBSURFACE EASEMENT y� OA,E: 04,17,2012 2
HUTHCERTIFICATE AUTPWIZATIM EB n 5048 SKETCH TO ACCOMPANY LEGAL DESCRIPTION ( �"``�-S"""
CERTIFICATE 0=AUMORIZAT10�'LB n 5098
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LEGAL DESCRIPTION :
A Subsurface Sewer Main Easement to construct, repair, maintain and
operate Sewer Main facilities together with all uses appurtenant thereto,
beneath that portion of the lands within the City of Miami Beach in
Section 10, Township 54 South, Range 42 East of the Public Records of
Miami—Dade County, Florida, said easement lying below elevation
(—)40.00 feet NGVD 1929 and 60 feet in depth, being horizontally
described as follows:
Commence at the Southeast corner of Lot 1, Block 8, "SOUTH BEACH
PARK" as recorded in Plat Book 6 at Page 77 of the Public Records of
Miami—Dade County, Florida; thence run North 6575'08" West along the
South Line of said Lot 1, Block 8, "SOUTH BEACH PARK" for 14.41 feet
to a point, thence run South 10°4736" West for o distance of 291.09
feet to a point; thence run South 55°51'44" West for a distance of
4711 feet to a point; thence run North 84°12'20" West for a distance
of 50.79 feet to the POINT OF BEGINNING of a 40 feet wide M—DWASD
Subsurface Easement, thence continue North 84'12'20" West for a
distance of 194.53 feet to a point on the Southwesterly Line of Parcel II
as shown in Fortin, Leavy, Skyles, Inc. sued rvey number 20010-061-1,
that is also the Mean High Water Line of the Easterly Shoreline of
Biscayne Bay, thence run along said Mean High Water Line North
32'13'24" West for a distance of 50.77 feet to a point; thence run
South 84°12'20" East for a distance of 225.81 feet to a -point -thence
run South 05°47'40" West for a distance of 40.00 feet to the POINT OF
BEGINNING of said 40 feet wide M—DWASD Subsurface Easement,
containing an area of 8,407 square feet or 0. 19 acres, more or less.
I.T)-?S IS NOT A FiE'LD SIRVEY.
1350 SA 51 AVEPLE ORANNi_BY:B.J.S. SHEET
V I H SUITE 207 CITY OF MIAMI BEACH / O/ECREO BY:J.RA.
® WEST A'JAK FLORIDA 33144
TELL 305)265-5030-FAX(305)265-5033 40' MDWASD SUBSURFACE EASEMENT �� DATE:04/17/2012 3
& ASSOCIATES CERTIFICATE AUMMIZATIO4 EB a 5098
CERTIFICATE OF AUTNO?IZATIM LB n 5098 LEGAL DESCRIPTION SE "" '�-�'°"y
Q�Y".t=•FLANCRS•BJZVCYORS E-,M/A<<RAVINOOAVI�IOAADASSOCIATES.CO`1 JORGE R.AW40.PE,PSV j 5996 J09 NW:10116.00 OF 3 SHEE TS