Grant of Surface Easement 10/20/2014 � -- ��_ �������- ��~������
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OR Bk 29380 Pss 17O3 - 1790; (8nss) �
RECORDED 11/06/2014 10:26:58 �
Return to: Li|ionaM. Rainey-Lacau HARVEy RUVIN CLERK OF COU +
Water and Sewer Real Estate Manager
Miami-Dade Water and Sewer Department �
3071 SVV38 m Ave (LaJeuna Road, 2nd Floor) �
Miami, Florida 33148 �
GRANT OF SURFACE EASEMENT Reserved for Circuit Court
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THIS INDENTURE, made this »��day of 2014' between
the CITY OF MIAMI BEACH, e rnunio|po| corporation of the 8teby of Florida, (hereinafter
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called GRANTOR U' and MIAMI-DADE COUNTY' a political subdivision of the State of '
Florida, vvhoaa mailing address is c/o Miami-Dade Water and Sewer Department, P.O.
Box 330316. Miami, FL 33233-0318' (hereinafter called GRANTEE), `
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W | T N E S S E T H: "
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THAT. the GFANT[)R, for and in consideration of the murn of TEN [)[)LL/\RS
($10.00) and other good and valuable oonsiderationa, the receipt of which is hereby r
acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE, |!
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its successors and maaignm' forever, the '"ht and privilege of o 40-foot vide non-
exclusive `
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sanitary sewage force main easement on the property of the GRANTOR' '
shown and described on EXHIBIT "A attached hereto and made a pert heneof,
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(hereinafter called the EASEMENT) bo, cAnatruct, inate|L inopmut, operate and maintain /
the sanitary sewage force main faoi|itioa, and all appurtenant facilities thereto (the ,
"F/\C|L|T|ES"), with right to neoonmtruct, innprove, change and remove all or any of the
facilities within the mooennmnt with the full right of ingress thereto and egress therefrom
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on the express condition that it is used for the express purposes provided henain� '
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The GRANTEE shall regulate the right of ingress thereto and egress therefrom �
so as not to conflict with normal operations of the GRANTOR- however' (� RC
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ahoU have full right to enter upon the EASEMENT at any time when normal ope 0 !�
emergency repairs of the FACILITIES any required. �
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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
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and landscaping to its original condition. GRANTOR agrees that at all times WASD
requires a 25' vertical clearance for the property.
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 teleg , 4T '�
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communications) and shall be (as elected by the person giving such notic an -
delivered by messenger or courier service, telecommunicated, or mailed ( : '
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TO
C,OU'�ly
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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
Attn: City Manager Attn: City Attorney
1700 Convention Center Drive 1700 Convention Center Drive
Miami Beach, FL 33139 Miami Beach, FI 33139
TO GRANTEE: WITH COPIES TO:
Miami-Dade Water and Sewer Department Miami-Dade County
Attn: Director Attn: County Attorney
3071 SW 38"Avenue, 5th Floor 111 N.W. 1 st Street, Suite 2810
Miami, Florida 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.)
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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 Municipa
Corporation of the State of Florida.,-!
By:
Philip Le f.
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ATTEST:
INCORP OR
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City Clerk �,
SEAL
APPROVED AS TO FORM AND LANGUAGE
AND FOR EXECUTION:
74-2 n,r 5 I
City Attorney
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ACCEPTED BY: '_1 <y� O
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'` MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD ODj COUNTY
COMMISSIO S
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By: w. �: q By: /
Hary ye Ruvin °� °° °.°°° os A. Gimenez
Clerk of the Board County Mayor
Approved as o form
and le ��s ffi iency.
Assistant Co&ty 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
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Tu1S IS NOT
O 9 O 1350&W.57T4 M&LE / DRAYN BY:B.J.S. SHEET .y
von SUT A2SIAA9),Ro;zIDA 331AA CITY O F MIAMI BEACH CHECKED BY:All A.
TEL(305)265.5030-FAX(305)265.5033 40' M D W A S D EASEMENT' C� �/ DAZE:05/07/2012
11THM71FICATE AUTPNIZATIM EB n 5093
C>=RTIFICATE o=AUTN021ZATIOt�F LB b 5098 VICINITY MAP `A` SCALE:AS_SMD'hY
aac�s•a.ANeeS•9.RVLlYM E DETAIL-J 2AVI NOOAVL%,OAt%gASSOCIA7ES.CC&I JORGE R.Av!:o.K.P_W j 4996 oe r,o.-10116.00 Of ;j s+EE7
EXHIBIT
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SOUTH POINTE DRIVE o ! °
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o (gISCAYNE AVENUE PER PLAT) -
SOUTH RIGHT OF WAY LINE ° o
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o OF SOUTH POINTE DRIVE °
N87'38'57°E (BASIS OF BEARINGS) _----------- r —— —
—R/W
---- -------------------- J rove. 1
—- ----= -- -- t R/W
I NORTH LINE OF J !
SECTION 10-54-42 1 I
I WESTERLY LINE OF A �AYJ t j o
100.00 FOOT RIGHT OF W m cS j a
PER O.R.B. 12566, PG.29 1 x Q J i FOR WASHINGTON AVENUI o`4 Z W
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(?B. 6 G. 77) ` —.--- f w o ! SOU'a-: 3E�G.:.. � iC
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------------T �— S65°35,08 p Raw — --�-- —— 1— ——�—
49.96' t ;
/ \ °,� t.•.:.7.. V7.J�, (RR=214.0/' ! -- LK 4] .
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GRAPHIC SCALE
5y0.79' `�,�� / SCALE 1 -80
t:'`,, \\ ^.4.�,�'��i.F�•: N84 12'20�IAI CO / .
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P8. Plot Book
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I.THIS IS NOT A FIB. 51J7� O.R.B. Official R C
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I BEARINGS SI pl1N I EREQV APE BASED QV AN AS.SMED h12-2I01AN ALQW TI-E SOJ" C.M.B. City of Beach c�t -
PiG"r OF WAY WE Cr-SOUEI-I POINT DZIVr--,N 87'38'57'E.
® � ® SUITE THAVn�IE OR Id:a.J. , sHE
AvIll U 27 a
YcST MIAM FLORIDA 33144 CITY OF MIAMI BEACH
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TEi l 305)265-5030-FAX 13051265-5033 4®' M® !A S® EASE f W ENT
CERTIFICATE OF AU744021ZATIM ER a 5078 G`
AS�OCI�TH CERTIFICATE OF AWWWIZATIN LB a 5038 ` i r SCALE: A 4'
.PIS. E-MA2: QAVI,OoAlliNak1,,DASSOCIATES.Ca.�, SKETCH TO ACCOMPANY LEGAL DESCRIPTION ORE R AVSA.PE,Pte,<�s .109 no.-10116. �O�!
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LEGAL J.J ES CRI P" 1L I V N •
A 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, and being more particularly described as follows: -
Begin 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 South 10'47'36" West for a
distance of 155.76 feet to a point; thence run South 6075'06" West for
G distance of 18.42 feet to a point; thence run South 10°4736" West
for a distance of 119.97 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 a point; thence run
.North 05°47'40" East for a distance of 40.00 feet to a point; thence
run South 84'12'20" East for a distance of 36.26 feet to a point;
thence run North 55°51'44" East for a distance of 15.98 feet to a point;
thence run North 10°4736" East for a distance of 128.71 feet to a
non—tangent point on a circular curve concave to the Northeast and
whose radius point bears North 07°0349" West; thence Easterly along a --
214.07 foot radius curve through a central angle of 3°59'04" for on arc
distance of 14.89 feet to. a P oin t on the Southwesterly extension of the
Westerly line of a 100.00 foot Right—of—Way per Official Book 12566
- page 2910 for Washington Avenue; thence North 10°4736" East along ;-
said.Southwesterly extension for 14703 feet to a point on said South
Line of Lot 1, Block 8, "SOUTH BEACH PARK'; thence run South
65°35'08" East along said South Line of Lot 1, Block 8, "SOUTH BEACH
PARK'; for 41. 16 feet to the POINT OF BEGINNING, containing on area of
14,678 square feet or 0.34 acres, more or less.
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STATE OF FLORIDA,CO(KTY OF DADE o COrl�,r c v
1 HEREBY CERTIFY th8t this is a PY of the o1 ��Vg�'� CU ycoG�
odgibal feted i, ihfs f y -, '
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' i I.THIS IS NOT �_L Sl!?�rr_Y.
AV191® � ® 1350&A 57TH AVd_U ORAW4 BY:EUS. SHEET
0 SUITE 207 CITY OF MIAMI BEACH
VTST MIAMI.FLO2IDA 33144 CmEWD BY:JR.A.
CERTIFICATE 305)TE 265-5030-FAX(31S)265-5033 ,4 0' M D W A S O EASEMENT /�, oA1E:os/o�/zolz 3
& MIRTH CERTIFICATE o=AJTHCOZATIOI\EI 1158 r`
LEGAL DESCRIPTION SCALE'AS_SHO'A`7
arrazxs•aureas:sLrr,,ro�rss E\iAL= RAVL\yJoAVI\'OM�ASSOCIATES.0017 ,oxE It AW:o,PE,PSUI 4556 VB Flo.:10116.00 os 3 SHEETS