Grant of Subsurface Easement 10/20/2014 , /�N�N���N0N�N0N0NNN
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Return to-, Li|ione M. Reiney'Laoau �
VVotor and Sewer Real Estate Manager �
Miami-Dade Water and Sewer Department '
no �
3071 SVV38 m Ave (LeJeuneRood' 2 Floor)
Miami, Florida 33146 _.
GRANT OF SUBSURFACE EASEMENT Reserved for Circuit Court
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THIS INDENTURE, made thio �_� doy of 2014, between .�
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the CITY OF MIAMI BEACH, o municipal corporation of the State of Florida, (hereinafter
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called GFANT[>F)' and MIAMI-DADE COUNTY` a political subdivision of the State of .'
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Florida, vvhoam mailing address is c/o Miami-Dade Water and Sewer Department` P.O. '
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Box 33O310, K�iorni' FL 33233-O318' (hereinafter called GRANTEE); `
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]W T N E S S ET H: . \
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THAT' the (3RANTOR, for and in consideration of the murn of TEN DOLLARS �
($10.00) and other good and wa|uob|m considerations, the receipt of which is hereby +
acknowledged by the GRANTOR. has granted and does hmnsb« grant to the GRANTEE'
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its muomemmorm and assigns, forover, the right and privilege of m 40-foct vide non-
exC|usive sanitary sewage force main subsurface easement on the property of the
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GRANTOR shown and described On EXHIBIT "�" o��oh�d h���O @n� made 3 p��
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hereof, (hereinafter called the EASEMENT) to, construct, install, inspect, operate and
maintain the sanitary sewage force main faoi|diao' and all appurtenant facilities thereto
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(the "FAC|L|llES"), with right to reconstruct, improve' change and remove all or any of �
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the facilities within the eaomrnmrd' with the full right of ingress thereto and egress �
therefrom on the express condition that it is used for the express purposes provided
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herein; <
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The GRANTEE shall regulate the right of ingress thereto and egress th .
so as not to conflict with normal operations of the GRANTOR, however, the
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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
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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 4-
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.
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All notices, requests, consents and other communications required or permitte =-
oUNtY
under. this EASEMENT shall be in writing (including telex and tele U%-
communications) and shall be (as elected by the person giving such notic an
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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.)
COUNTY 0
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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 Municipal
Corporation of the State of Flori ;F
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By:
Philip Levine, Mayor"
ATTEST: �)J :�-
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INCORP ORATED: '
Cify Clerk 2C
SEAL
APPROVED AS TO FORM AND LANGUAGE
AND FOR EXECUTION:
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City Attorney
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ACCEPTED BY:
MIAMI—DADE COUNTY, FLORIDA
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AG�epeao BY ITS B OND OF COUNTY/
COMMIS 1 NER
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By: y:
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Harvey Ruvin ,'� ,,;�- -+'' Ly uo arlos A. Gimenez
Clerk of the Boar -z County Mayor
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Approved as/toform
and legal su�ffidienc .
Assistan6tounty Attorney
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CLERK
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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 DESCRIP77ON" 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 7777.E will have to be made to determine
recorded instruments, if any affecting this property.
4— Ownership subject to OPINION OF TITLE.
5— Unless otherwise noted, this Firm did not attempt to locate Footings and/or Foundations (Underground)
6— 777is "SKETCH & LEGAL DESCRIP77ON" 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
Coast Zone, as adjusted in North American Datum 83/90. COUtipy
.�� CLERK
I.TAS 1 FI .+ N
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N' ��20757�A�� CITY OF MIAMI BEACH ��,..4 eY:F.J.S. -SAEEF{r.�,y ,a .
WE ST MIAMI,FLORIDA 33144 �, �� CHECKED Hsr.aR.A. <<'
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TELL 3051265.5030-FAX(305)265-5033 40' MDWASD SUBSURFACE EAS T DAM HH/I?,m1z
&HIRTM CERTIFICATE C+F AUT1•10.2ATION Ea n 504$ EMEN ((((CERTIFICATE OF91TWWIZATIONLBa504a VICINITY MAP E"� Iy seat u_s+onv
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EXHIBIT
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LL > IL. — � —�- - -I--
r a
w a o SOUTH POINTE DRIVE o 0
(BISCAYNE AVENUE PER PLAT) °
o CE
A
SOUTH RIGHT OF WAY LINE p °
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o OF SOUTH POINTE DRIVE q
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N87'8>3 VE (BASS OF BEARINGS)---------------- —-_-1 --—— —
-�------- ---------
I - - �NORTH LINE OF
I SECTION 10-54-42 1 I ! J
OEM
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i:: 80' 160'
M33, :':.'.2-394.
I GRAPHIC SCALE
WESTERLY LINE OF A f o^ Q '
100.00 FOOT RIGHT OF WAY / a, j iL SCALE =8a
I PER O.R.B. 12566, PG.2910 f I R r Q Ir f
FOR WASHINGTON AVENUE o`O 2 tu _.
I r Jma r°[u J _ _z(g ZS
B!OCK 8 T , ► J�Q �
s z`" I
LL- 3 "LL�Ti•Ji 8_�:C _ r —! r 1 13�CCIC 7 I K11
AM
77) !
f In y
B. 6 ?G. 77`)
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> r., " r r 4?`a' \ ?3.6 771
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L,EG IF,N D de \\ �
PB. Plot Book r /
PG. Page
O.R.B. Official Records Book r
C.M.B. City of Miami Beach i EXIS>1NG ELEVATION
i GROUND VARIES
(_ is iizl`•' — rC,)
S84-12`2 ::v:: _;� r:- •.. 1
y - _E _ 225.81'
4 � �
( ) _
NGVD 1929
�N 84°12'204 W i9 __� �gN ��., ��a�
.53 _
SIUMR
,a.. BEGINNING
OF
N8412'20 9 p 65 � / EASE EN /// ELEV.-H100
'�'° ° �9y \ =�. GINfY1NG 1fil / NGVD 1929
401
0, ->�'� SUBSURFACE EASEMENT
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NOTE
s:.•• TYPICAL SECTION --
4.n-Ils Is n�oT A FIELD SURVEY. � C V lPd
2 BEAR6uGs SHOWN 1�4720N ARE BASED ON AN ASS VED WODIAN AI aw Tt-E Sa m-I NOT TO LE
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PIG44T OF WAY LINE OF SOUTH POINT DIVE.N!$7'38757•E. 1P Cl1�K C
® Sw.5n4 Avg
AVIHO
SLU E 207 CITY OF MIAMI BEACH
/
WEST MJAA41,FLORIDA 33144
TEU 305►
65"1050 FAX(1011165-5033 ,101 MDWASD SUBSURFACE EASEMENT -
SSOCI�T�S �TIFICATE OF AUTI-1UZIZATION LB n 5098 c �s_s rpr.• =f'f�
ea.�. .&Amm E-MAIL.-.RAVINOOAVI\IOAWASSOCIATES.CQl11 SKETCH TO ACCOMPANY LEGAL DESCRIPTION w
JORGC R AY.•tD.PE,PSVQ 4495 JQ9�0.;VOIIb.00,,��',
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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 comer of Lot 1, Block 8, "SOUTH BEACH
PARK" as recorded in Plot Book 6 at Page 77 of the Public Records of
Miami—Dade County, Florida; thence run North 65'35'08" 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 a distance of 291.09
feet to a point; thence run South 55*51'44" West for a distance of
47 11 feet to a point; thence run North 8472'20" 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 H
as shown in Fortin, Leavy, SkyYes, Inc. sued rvey number 200I0-061-1,
that is also the Mean High Water Line of the Easterly Shoreline of
Biscayne Bay, thence run along said Mean High Water Line North
3273'24" 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.
STATE OF FLORIDA,rO r DADE 4V COUN
at th't is a - Py of the CLERK C%
I H-ERE6Y CERTIFY th day Of
original filed ln',Y3 Office 0
AID
and
WITH S my Cl-ER nty Ccu�l
i,< f C, V-'t 1,
HARV RU N. , , , D.C. EC
Sy
M
IRIAM FAQ-CAN ONO
1.MS IS NOT A FIELD SURVEY.
111® 1350 Sk 5TI14 AVaJLE SHEET e.s 207 CITY OF MIAMI BEACH
VSrEUITSE!T MIAMI,FLORIDA 33!44 "ECKED BY:aR.A.
.& T&I 3011261,11110,FAX 11011 2655033 40' MDWASD SUBSURFACE EASEMENT DATE:04/17/2012
CERTIFICATE CF-AUTOMIZATIMES a 5098 3
KIAT�S CERTIFICATE a--AUR402IZATIMP LB 115098 LEGAL DESCRIPTION SE SCALE:AS-SHaA1.4
maram-mo&=s-sj;t,.=m E-`AI SAVINOOAVIiNOAI%L)ASSOCIATES.CO.%I JORM R.AW10,PE.PSUJ 5996 ADB No.:]Oslo.— or