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2015-29058 Reso RESOLUTION NO. 2015-29058 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM AQUA MASTER ASSOCIATION, INC., OWNER OF THE PROPERTY LOCATED AT 201 AQUA AVENUE, FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF WATER MAINS; AND FURTHER AUTHORIZING THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE TO FINALIZE A GRANT OF EASEMENT AGREEMENT, IN SUBSTANTIALLY THE FORM AS EXHIBIT "A" ATTACHED HERETO. WHEREAS,the City has a 16-inch diameter water main running beneath the water channel separating Allison Island and Indian Creek Drive; and WHEREAS,the water subaqueous existing pipes have reached their life expectancy of+70 years, and will therefore need to be replaced; and WHEREAS,the City has selected a horizontal directional drill method as the most practical method for installing new subaqueous mains; and WHEREAS, the alignment of the new subaqueous mains will fall outside the State right of way and into property owned by the Aqua Master Association, Inc.; and WHEREAS,Aqua Condominium Association, Inc. has agreed to grant the City a ten(10)foot easement, containing approximately 1,166 sq. feet,to be approximately located at the northeast corner of its property located at 201 Aqua Avenue, for the construction, installation, maintenance, repair and replacement of the water mains; and WHEREAS, the proposed grant of easement Agreement (including sketch and legal description of the Easement) is attached as Exhibit"A" hereto. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission hereby accept a utility easement from Aqua Master Association, Inc., owner of the property located at 201 Aqua Avenue, for the construction, installation, maintenance, repair, and replacement of water mains; and further authorize the Administration and City Attorney's Office to finalize a Grant of Easement Agreement, in substantially the form as Exhibit"A", attached hereto. PASSED AND ADOPTED this 10th day of June, 2015. ATTEST: IQ AW/ 1/ = P ,••• '-h; ' 'r; e, Mayor R;fad Gran-•o, City derk rr ♦♦ :INCORP ()RATED; =mss s '� •••'• APPROVED AS TO �� 141Z.CH�z FORM & LANGUAGE T:\AGENDA\2015\June\PUBLIC WORKS\Agenda AQUA eas-�`"•nau�;i•�o-�.,.�Ilison Island Easement Res&r.a EXECUTION e ( r 1 City Atto ney Dote COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,Accepting A Utility Easement From Aqua Master Association, Inc.,Owner Of The Property Located At 201 Aqua Avenue, For The Construction, Installation, Maintenance, Repair, And Replacement Of Water Mains; And Further Authorizing The Administration And City Attorney's Office To Finalize A Grant Of Easement Agreement, In Substantially The Form As Exhibit"A"Attached Hereto. Key Intended Outcome Supported: Ensure Well Maintained Infrastructure Item Summary/Recommendation: The City has a 16-inch diameter water main running beneath the water channel separating Allison Island and Indian Creek Drive. The water subaqueous existing pipes have reached their life expectancy of+70 years, and will therefore need to be replaced. The City has selected a horizontal directional drill method as the most practical method for installing new subaqueous mains. The alignment of the new subaqueous mains will fall outside the State right of way and into property owned by the Aqua Master Association, Inc. Aqua Condominium Association, Inc. has agreed to grant the City a ten(10)foot easement, containing approximately 1,166 sq. feet, to be approximately located at the northeast corner of its property located at 201 Aqua Avenue,for the construction,installation, maintenance, repair and replacement of the water mains(as described as a portion of Tract"I"of"AQUA AT ALLISON ISLAND", according to the Plat thereof, as recorded in Plat Book 162, at Page 53, of the Public Records at Dade County, Florida). THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Account Approved Funds: 1 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Eric Carpenter, Public Works X6012 Sign-Offs: Department Director t City Manager City Ma •per ammammulwrivilimisurrimmi T:\AGENDA\2015\June\PUBLIC WORKS\Agenda AQUA easement\Aqua at Allison Island Easement Sum rev.do MIAMIBEACH R7P AGENDA ITEM DATE /c MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMI..SION MEMORANDUM TO: Mayor Philip Levine and Member-, of the Ci Commission FROM: Jimmy L. Morales, City Manager 1- DATE: June 10, 2015 SUBJECT: A RESOLUTION OF THE MAY• AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTIN A UTILITY EASEMENT FROM AQUA MASTER ASSOCIATION,INC.,OWNER OF THE PROPERTY LOCATED AT 201 AQUA AVENUE, FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF WATER MAINS; AND FURTHER AUTHORIZING THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE TO FINALIZE A GRANT OF EASEMENT AGREEMENT, IN SUBSTANTIALLY THE FORM AS EXHIBIT "A" ATTACHED HERETO. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City has a 16-inch diameter water main running beneath the water channel separating Allison Island and Indian Creek Drive. The water subaqueous existing pipes have reached their life expectancy of+70 years, and will therefore need to be replaced. The City has selected a horizontal directional drill method as the most practical method for installing new subaqueous mains. The alignment of the new subaqueous mains will fall outside the State right of way and into property owned by the Aqua Master Association, Inc. Aqua Condominium Association, Inc. has agreed to grant the City a ten (10)foot easement, containing approximately 1,166 sq. feet, to be approximately located at the northeast corner of its property located at 201 Aqua Avenue, for the construction, installation, maintenance, repair and replacement of the water mains(as described as a portion of Tract"I"of"AQUA AT ALLISON ISLAND", according to the Plat thereof, as recorded in Plat Book 162, at Page 53, of the Public Records at Dade County, Florida). CONCLUSION The Administration recommends approving the Resolution. Exhibit A: New Grant of Easement; Sketch and Legal Description of the Proposed Easement; and Location Map. JLM/MT/ C/BAM/JR T:\AGENDA12015\June\PUBLIC WORKS\Agenda AQUA easement\Aqua at Allison Island Easement Memo rev.doc Exhibit-A This instrument was prepared by: Name: Eve A. Boutsis Address: Office of City Attorney 1700 Convention Center Drive Miami Beach,Florida 33139 (Space reserved for Clerk) Grant of Easement This Grant of Easement entered into this day of 2015, by AQUA MASTER ASSOCIATION, Inc., with its address at: _201 Aqua Avenue (hereinafter referred to as Grantor) and the City of Miami Beach, Florida, a Municipal Corporation with its address at 1700 Convention Center Drive, Miami Beach, FL 33139 (hereinafter referred to as Grantee) its successors and assigns. 1. Grantor is the owner, in fee simple, of the Real Property legally described as: Folio: 02-3211-074-0500 A portion of Tract "I" of "AQUA AT ALLISON ISLAND", according to the Plat thereof, as recorded in Plat Book I 62, at Page 53, of the Public Records of Dade County, Florida, being more particularly described as follows: COMMENCE at the most NE Corner of said. Tract "I"; thence S09°36'32"E along the Northeasterly Boundary L,ine of said Tract "I", for 11.72 feet to a point on a circular curve concave to the Northwest and bearing S07°50'05"E from the center of said curve, said point also being the POINT OF BEGINNING of the centerline of a 1.0 foot wide water main easement, lying 5.00 feet on each side of the following described centerline (shortening or extending the side lines thereof, so as to create a continuous strip of land); thence Southwesterly along the arc of said curve, having for its elements a radius of 1 , 0 0 0 . 0 0 feet, a central angle of 06°44'35" for an arc distance of 117.69 feet to a point on the Southeasterly Right of Way Line of West 63rd Street, as shown on said Plat of "AQUA AT ALLISON ISLAND", said point also being the Point of. Termination of the aforementioned centerline. Containing 1,166 Square Feet, more or less, by calculations 2. In consideration of the sum of ONE and no/100 ($1.00) DOLLAR and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants and conveys to the Grantee, over, under and across the Easement Area, more fully described in Exhibit A, an exclusive Easement for the installation, maintenance, construction and repair of a water main pipes, and appurtenances, the costs Page 2 of 3 and expenses associated with same to be paid by Grantee. The City of Miami Beach, its employees, contractors, or representatives shall have the permanent right and license for purposes of ingress and egress to and from the Easement for the purposes enumerated herein. 3. Grantee, its successors and assigns, agree to indemnify and hold Grantor, its successors and assigns, harmless from any and all liability, loss and against all claims or actions based upon or arising out of damage or injury (including death) to person(s) or property that Grantor, its successors and assigns may suffer as a result of claims, demands, costs, or judgments against it arising from Grantee's, its successors' and assigns' installation, use and maintenance of the Easement. 4. It is intended that this Easement shall be recorded in the Public Records of Miami-Dade County, Florida, and that this Easement shall be construed and shall be enforced in accordance with the laws of the State of Florida. 5. The easement herein granted shall constitute a covenant running with the parcel of Real Property described herein and shall be binding upon and shall inure to the benefit of the Grantor and the Grantee, and their respective successors and assigns. 6. The rights and benefits of the Grantee under this Easement shall be freely assignable by the Grantee, in whole or in part. 7. To the extent that the Easement granted herein is no longer required by Grantee, Grantee hereby agrees to execute and record in the Public Records of Miami-Dade County, Florida, appropriate documentation to abandon and terminate this Grant of Easement. Signed, witnessed, executed and acknowledged on this day of 2015 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney Date IN WITNESS WHEREOF, the Seller has caused these presents to be signed in its name by their proper officials. Signed, sealed and delivered Page 3 of 3 in the presence of: AQUA MASTER ASSOCIATION, Inc. a Florida corporation Witness: By: Print Name: Print Name: Title: Witness: Print Name: STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by , as of AQUA MASTER ASSOCIATION, INC, a Florida Corporation, who is personally known to me or who has produced a valid driver's license as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2015. Notary Public, State of Florida My Commission Expires: SKETCH AND LEGAL DESCRIPTION FOR WATER MAIN EASEMENT c___,) LEGEND: P.O.C.=POINT OF COMMENCEMENT P.O.B.=POINT OF BEGINNING P.B.=PLAT BOOK 0 25 50 PG.=PAGE SEC.=SECTION PC=POINT OF CURVATURE PT=POINT OF TANGENCY _ SCALE PNT=POINT OF NON TANGENCY 1" = 50' R=RADIUS CURVE 0 L=ARC LENGHT TAN=TANGENT D=CENTRAL ANGLE • ^^ z `, LOT 1 \ I 0 1 S,otoNISION Z GROK31,pp,GE7'-') 1 m INDIAN T B� Z ril m ' I � 0 ■ rz 1 1 ∎ -A r o 5p��h,ASTERLY \ I O CP F WAY LINE �� Q N 1 Q RtGhT 0 rd STRE5 I.... . ` rn Z. oN o o OF WE5162 PG. 531 11 i. 5I (P.�. z� f� 1 O STREE 63rd - � I LP) ;� �r NEST W N&O 23 28 :. R=1 000.00' is II L=1 17.69' O J f_ P.O• . ..... Tan=58.91' , �' T _q_---------- CEN�ERLtNE D=6°44'35" Z 10'UTILITY o ICI NT :.. �' N --' — I tASEME . -27 1.3G_____...-_ _ ------r PNT o aI Nag°�9'�'0E _ _ _ _ f. 1. rn -- -c3 SIN . '' N o t 1 0C5jO ZN(-)3 a Z31 I „,r_Z O ■ Q _ ra \A TRp,CT ON ISI�,ND I 2' ��■ AQUA AT ALLIS p AGE 53) �A 162, n \-- ( OO'plA < `n 0 is \ ! o rn�n � TRACT A ND o 1 rn z A AT ALLISON AGE 53) rn \ PST BGpK 162,P TI-P1/4.T NOTICE:This document is not valid,full and complete without all pages. EXHIBIT"A" LONGITUDE SURVEYORS, LLC 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 * PHONE: (305) 463-0912 • FAX: (305) 513-5680 • WWW.LONGITUDESURVEYORS.COM L:\1et79 W 63rd Street,Warm Beach.FL\dwg\Sketch and Legals\14179 SL ESMT West 05—I1-15dwg 5/29/2015 5:13 53 PM EDT JOB No.14179 PAGE 1 OF 3 f SKETCH AND LEGAL DESCRIPTION FOR WATER MAIN EASEMENT LEGAL DESCRIPTION OF WATER MAIN EASEMENT: A portion of Tract "I" of "AQUA AT ALLISON ISLAND", according to the Plat thereof, as recorded in Plat Book 162, at Page 53, of the Public Records of Miami Dade County, Florida, being more particularly described as follows: COMMENCE at the most NE Corner of said Tract "I"; thence 509°36'32"E along the Northeaterly Boundary Line of said Tract "I", for I I .72 feet to a point on a circular curve concave to the Northwest and bearing 507°50'05"E from the center of said curve, said point also being the POINT OF BEGINNING of the centerline of a I 0 foot wide water main easement, lying 5.00 feet on each side of the following described centerline (shortening or extending the side lines thereof, so as to create a continuous strip of land); thence Southwesterly along the arc of said curve, having for its elements a radius of 1 000.00 feet, a central angle of 06°44'35" for an arc distance of I 1 7.69 feet to a point on the Southeasterly Right of Way Line of West 63rd Street, as shown on said Plat of "AQUA AT ALLISON ISLAND", said point also being the Point of Termination of the aforementioned centerline. Containing I , 166 Square Feet, more or less, by calculations. NOTICE:This document is not valid,full and complete without all pages. EXHIBIT"A" L$NGITUDE SURVEYOR S, NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305) 463-0912 • FAX: (305) 513-5680 • WWW.LONGITUDESURVEYORS.COM L`,14179 W 63rd Street.Ward.Beach.FL\dwg\5wetch odd Legois\14179 SL ESMT West 05-11-15.dwg 5/29/2015 5 13'53 PM EDT JOB No.14179 PAGE 2 OF 3 SKETCH AND LEGAL DESCRIPTION FOR WATER MAIN EASEMENT J 1 J ri o --.- .7_____3- is Tie r �� t l� iiill 000, ' I- 1404 _ 00 ivoi istii 00 , a 1 1.2 a Z W U ai I♦ _ • SUBJECT � � �' 4�� •q.1� SENEHT Y w_ 3 Q _,11)--. At _.1,11:_......va 1,„,_ . .,/ eit w•tr..,__.A%-aco_ ,., MU • . V,'69/-, -iiite ‘Wii7 4 2 FLI I <''. 41IP 7 ..... ow.-,p.s._Ai, 4114 wto 0 I 1 AI ,„,,_„/„:„ , A mow \a, 4,4- --(3------4j-------3, .... . LOCATION MAP NOT TO SCALE SOURCES OF DATA 1. Plat of"AQUA AT ALLISON ISLAND",Recorded in Plat Book 162.at Page 53 of the Public Records of Miami-Dade County,Florida. 2. Plat of"AMENDED PLAT OF SECOND OCEAN FRONT SUBDIVISION", Recorded in Plat Book 25.at Page 25 of the Public Records of Miami-Dade County,Florida. Bearings as shown hereon are based upon the centerline of West 63rd Street with an assumed bearing of 1180°23'28"E,said line to be considered a well established and monumented line. EASEMENTS AND ENCUMBRANCES: No information was provided as to the existence of any easements other that what appears on the underlying Plat of record"Please refer to the Limitations item with respect to possible restrictions of record and utility services. LIMITATIONS: Since no other information were furnished other than what is cited in the Sources of Data,the Client is hereby advised that there may be legal restnctions on the subject property that are not shown on the Sketch or contained within this report that may be found in the Public Records of Miami-Dade County,Florida or any other public and private entities as their jurisdictions may appear. This document does not represent a field boundary survey of the described property,or any part or parcel thereof. SURVEYOR'S CERTIFICATE: I hereby certify:That 6,5"Sketch to Accompany Legal Description'and the Survey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge and bet:ef and further,that said'Sketch to Accompany Legal Descrption"meets the intent of the applicable provisions of the"Minimum Technical Standards Or Land Sur/eying in the State of Florida',pursuant to Rule 5J-1 7.051 through 5J-17.052 of the Florida Administrative Code and its implementing law,Chapter 472.027 of the Florida St:abites. ` LONGITUDE SURVEYORS LLG.,a Florida Limited Liability Company Florida Certificat 'of Authorization Number L57335 By: a------- ---141 Date: a g� r Jose 5-nos,PSM,for the Firm Regis ered Surveyor and Mapper L55938 Sta "of Florida NOT]. : Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper.Additions or deletions to Survey Maps by other than the signing party are prohibited without the written consent of the signing party. NOTICE:This document is not valid,full and complete without all pages. EXHIBIT"A" LONGITUDE SURVEYORS, L L C 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 * PHONE: (305) 463-0912 * FAX: (305) 513-5680 * WWW.LONGITUDESURVEYORS.COM. L'.\14179 W 53rd 5tradi,Miami Beach,FL Vag\Sketch and Levis\14179 CL ENT Went 05-11-15.daq 5/20/2015 5:1153 Pb,COT JOB No.14179 PAGE 3 OF 3 „'� a �� „:„....7,4„7.40.1.1tig.li., „;;:.:,.,iti-,-,44.„,!"::',!.irlitititt \I%-' *� y 'f a s �a , zs d 1 z fit' u xs5£ k Y 3 I.:),..:; rv,' . ': t o—.r s'"f,; e y $ F dy�',AY�i:f:,” 4:-.2 b ' ya � x �€ >�� �< � �a `� )!" 3 ,;E , L °, ¢_ 77 ,. ,t $Y F.$>g fY 3 f R E sr .Y' ! q £ e6' . • a• } �, n , H *a ` .yr`.. 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''..:, a :'.: a dv a1 ° � f g . � T i s �' 14r..,.?.:.,--/ ,- k. tam ` & 5 1{r( I 6 W w' I II III 111111111111111-II1111111111I1I 11111111 C-FN 20 1-emsR06,8.r 1 28Z3 OR BK 29826 F`9s 4731-4739 (9F'9s) RECORDED 10/23/2015 14:20:34 DOCUMENT COVER PAGE DEED DOC Tax $O°6O SURTAX $0.45 HARVEY RUVII'i9 CLERK OF COURT For those documents not providing the required 3 x 3 inch MIAMI-DARE COUNTY? FLORIDA space on the first page, this cover page must be attached. It must describe the document in sufficient detail to prohibit its transference to another document. An additional recording fee for this page must be remitted. (Space above this line reserved for recording office use) Document Title: EANEINALIT (Mortgage, Deed, Construction Lien,Etc.) Executing Party: Rt iU . Le./Ikie Legal Description: (If Applicable) As more fully described in above described document. Return Document To/Prepared By: (Relevant excerpts) Rule 2.520(d)On all..documents prepared which are to be recorded in the public records of any county...a 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3- inch space at the top right-hand corner on each sub Sequent page shal l be left blank and reserved for use by the clerk of court. F.S.695.26 Requirements for recording instruments affecting real property— (1)No instrument by which the title to real property or any interest therein is conveyed,assigne.; t) : encumbered,or otherwise disposed of shall be recorded by the clerk of the circuit court unless: 01, GanwE s J (e)A 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3-inch , - v space at the top right-hand corner on each subsequent page are reserved for use by the clerk of the court... CLK/CT 155 Rev.04/15 Clerk's web address:www.miami-dadeclerk.com f. . This instrument was prepared by: Name: Eve A.Boutsis Address: Office of City Attorney 1700 Convention Center Drive Miami Beach,Florida 33139 (Space reserved for Clerk) Grant of Easement This Grant of Easement entered into this 0 day4f 2015, by AQUA MASTER ASSOCIATION, INC., with its address at: 201 Aqua Avenue, Suite 100, Miami Beach, FL 33141 (hereinafter referred to as the "Association" or "Grantor") and the City of Miami Beach, Florida, a Municipal Corporation with its address at 1700 Convention Center Drive, Miami Beach, FL 33139 (hereinafter referred to as the"City" or"Grantee") its successors and assigns. 1. The Association is the owner, in fee simple, of the Real Property legally described as: Folio: 02-3211-074-0500 A portion of Tract "I" of "AQUA AT ALLISON ISLAND", according to the Plat thereof, as recorded in Plat Book I 62, at Page 53, of the Public Records of Dade County, Florida, being more particularly described as follows: COMMENCE at the most NE Corner of said Tract "I"; thence S09°36'32"E along the Northeasterly Boundary Line .of said Tract "I", for 11.72 feet to a point on a circular curve concave to the Northwest and bearing S07°50'05"E from the center of said curve, said point also being the POINT OF BEGINNING of the centerline of a 10 foot wide water main easement, lying 5.00 feet on each side of the following described centerline (shortening or extending the side lines thereof, so as to create a continuous strip of land); thence Southwesterly along the arc of said curve, having for its elements a radius of 1 ,0 0 0 . 0 0 feet, a central angle of 06°44'35" for an arc distance of 117.69 feet to a point on the Southeasterly Right of Way Line.of West 63rd Street, as shown on said Plat of ,"AQUA AT ALLISON ISLAND", said point also being the Point of Termination of the aforementioned centerline. Containing 1,166 Square Feet,more or less, by calculations 2. In consideration of the sum of ONE and no/100 ($1.00) DOLLAR and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Association hereby grants and conveys to the City, over, under and across the Easement . ,, 4, : : Area, more fully described in Exhibit "A", an exclusive Easement for the installation, ,.- ..•t..-L=_c `c_:,, ti a maintenance, construction and repair of a water main pipes, and a urtenances ,,.�; -�= ` P PP PP ,f 4% .,, �.;�t ("Easement Activities"), the costs and expenses associated with same to be paid by they 4,,,,,. yz, 1.1 qi:t.3 �"f fl GOO Vi TRUST Q Page 2 of 5 City. The City, its employees, contractors, or representatives shall have the permanent right and license for purposes of ingress and egress to and from the Easement for the purposes enumerated herein. 3. To the fullest extent permitted under Florida law, and subject to and conditioned upon the limitations on the City's liability, as set forth in Section 768.28, Florida Statutes (as same may be amended from time to time), the City shall indemnify and hold harmless the Association, its officers, directors, agents and employees (the "Indemnified Parties") from liability, damages, losses and costs, including, but not limited to, reasonable attorney's fees, at both the trial and appellate level, caused in whole or in part by any act, omission or negligence of the City or any of the City's employees, contractors, or agents, arising from this Grant of Easement or the City's Easement Activities. In any and all claims against the Indemnified Parties by any employee of the City, any contractor or sub-contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the City or any contractor or sub- contractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. The provisions of this paragraph shall survive termination of this Grant of Easement. Should any portion of the indemnification under this paragraph be found to be in violation of Florida law, it shall be reduced to provide valid indemnification to the fullest extent permitted by Florida law. 4. In the event that, during the course of the City's Easement Activities, the City or its agents shall enter upon the Property of the Association ("Association Property") and place any equipment upon Association Property, the City through its agents, shall have, and the Association hereby grants to the City, a temporary license to enter upon Association Property to remove such equipment. The City, at its cost, shall be solely responsible to maintain and remove such equipment. The City shall also restore any damages to Association Property caused by the City's activities or inspections thereupon, insofar as practical, to its former condition, reasonable wear and tear and damage not caused by the City excepted. 5. The City agrees to exercise due care in the performance of all Easement Activities on Association Property and agrees not to unreasonably interfere with the activities of the Association or its members. The City shall be required to provide the Association not less than twenty-four (24) hours' notice prior to entering upon Association Property. Upon completion of the Easement Activities, the City will restore Association Property to the condition that existed immediately prior to the City's entry thereon, reasonable wear and tear and damage not caused by the City excepted. 6. In the event that, during the course of the City's Easement Activities, the City or its agents shall enter upon Association Property, the City at all times shall keep Associationz::=— Property free from accumulation of waste materials or rubbish caused by its Easei 94r . /') Activities. At the completion of the Easement Activities, the City shall remove,,.:t its L- , sole cost and expense, all its waste materials and rubbish from and about Assoc ati ';; � you ve tRust Page 3 of 5 Property as well as its tools and equipment, shall clean all surfaces, and shall leave Association Property as per existing condition or its equivalent, except as otherwise specified. If, after two (2) days' notice by Association's representative to the City's representative at the site of the Easement Activities, the City has not diligently proceeded with the cleanup required herein, then Association has the right, but not the obligation,to proceed with such cleanup at the City's cost and expense. Any costs incurred by the Association in connection with the cleanup may be charged to the City. The City agrees to immediately repair at its sole cost and expense all damages to Association Property, arising from or relating to the City's performance of Easement Activities, and the repair will restore the condition to its prior condition, reasonable wear and tear not caused by the city excepted . 7. In connection with any and all Easement Activities, the City and its agents must comply with the Rules and Regulations of the Association as it relates to Contractor access to the Association Property. It is the City's duty to obtain a copy of the Rules and Regulations of the Association and to comply with same. 8. It is intended that this Easement shall be recorded in the Public Records of Miami-Dade County, Florida, and that this Easement shall be construed and shall be enforced in accordance with the laws of the State of Florida. 9. The Easement herein granted shall constitute a covenant running with the parcel of Real Property described herein and shall be binding upon and shall inure to the benefit of the Association and the City, and their respective successors and assigns. 10. The rights and benefits of the City under this Easement shall be freely assignable by the City, in whole or in part. 11. To the extent that the Easement granted herein is no longer required by the City, the City hereby agrees to execute and record in the Public Records of Miami-Dade County, Florida, appropriate documentation to abandon and terminate this Grant of sement. Signed, witnessed, executed and acknowledged on this 71 Clay of i ( 1 2015. APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION 411 / I�/:�Id .r E.. o 1------1—' ,... couNr,_ ,- ,, ,-, 11t Attorney Date //,'; .L' fik % DAGoucafi4 to % • Page 4 of 5 IN WITNESS WHEREOF, the Seller has caused these presents to be signed in its name I by their proper officials. Signed, sealed and delivered in the presence of: AQUA MASTER ASSOCIATION, Inc. a Florida corporation wit I, /4//C___7 - n ss._ By: I ./1 \ it 10/71c lore f, Print Nam P ( . ° rint Name, Title: f(� I Witness: -:I 4= '� Ato V itce1272\er g Print Name: ICS,�, i� ,r �t-S STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by ,-ac,ea („. ,er r , as 11-2e-R ;,le, ¢ of AQUA MASTER ASSOCIATION, INC, a Florida Corporation, wholis pegs- on known fo, me or who has produced a valid driver's license as identification. WITNESS my hand and official seal in the Count nd State last aforesaid this 4/ day of .' , 2015. /�Jf (J /f/%' s t' No ry Public, State of Florida . My Commission Expires: w pA F Lp s� �� � � . 6�\G Fu tH= i� o MSSIOyFr° % u k-, . li 1 v ° � ber1 , z° v .i w °O° .�J r ?0! a s j'� 7:l '' i m oSSs cr. ® ° °r® \INS.:, E TRUST Q ' o*o ®o® o D / /G h #EE213368 °p� ' V i� __r-e? 4ndedN oo0 �0;: 1bliC e, 41C 81 ,Nili01 1 , Page 5 of 5 EXHIBIT"A"TO EASEMENT AGREEMENT: Description of Easement Area CLERK '.60 .2:14k ." 61 7 0 GOD ViE MUST 4:z ol 4,9 CoUtirl SKETCH AND LEGAL DESCRIPTION FOR WATER MAIN EASEMENT 0 LEGEND: P.0,0.=POINT OF COMMENCEMENT F.O.B.=POINT OF BEGINNING P.B.=PLAT BOOK 0 25 50 PG.=PAGE SEC.=SECTION PC=POINT OF CURVATURE PT=POINT OF TANGENCY I r SCALE PNT=POINT OF NON TANGENCY # 1" = 50' R=RADIUS CURVE ,�� L=ARC LENGHT \ V TAN=TANGENT V24 *P D=CENTRAL ANGLE 4 LGT 1 1 SUSp1�►gION 2, 1 INDIAN G REEK S'-'PAGE 751 rC1 r� �p1,i,T B \^0 rn 01 1 r' z 1 I �o 1 r— 1 (n { SOuThSA5T5ug5 , -Q o .� O N(=' F3GhTOfWAgTRS� ;' ` te' ... _, Z tosg <o{5 OF g5T62r?G.53) t,,k - _ ._._--_.- �r � (P 1 -f ::, 61- .• .. t - -=�:} ,411 - _ r . __-• t� 6 CC .,,t! ,!,,,,_,.,,,„.:, ..,„L Y Y F ` W , ,, 8o° t' .- �y 3'2 8"E ..,. .,- _ 2• '-.-�-' R=1000.00' '�, -� �_.-!. ,, _ 9� ,�: ,, � - --- -L'=1 17.6 ----. Q • _ i. t,,=` .,-"��- r ', t -- Tan 58 91 ._.�,, ,; -q. ENT -- C LW .{...t, D 6°44'35"- -=."' �.,Q-- --,t.• :\\(s'oo _ __. eASE.1∎Ae- sx-µ> . - {';27„1-.36�-” /`''r /A:. o t1' ,,t 'A `; aA:6-1 :0 E'' .. _ f-7---:•"� PNT _Co 0 ,,', re, u",, _ .. .7::::::......,,,".: ....... ■••;'rr N ------ .0. ..\. tilc70_(:) Z N.,T, :, ,c ,..,, 0 .. TRA N►Stmc, ___,,,p AQUA AT pLL►SQ PAGE 53� l 2` N 5. t��p-�gGp1� 62, o i..„o aFo rn 3,z LSI \ \ •"A" z -'c' -; -c TRACE tSIAND �' •:.:.;;J - N. LI.ISON i f',- AQUA A l<162,PAGE 53� • r...LE0K `�,, lP�-AT 8 J '�' 3\ 4'; ' d ' w 1 \7�,, N GOD Wi TRUST cr NOTICE:This document is not valid,full and complete without all pages. EXHIBIT"l4" L CNGITUDE S U R V E Y O R S, L L C 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 ' PHONE: (305)463-0912 • FAX: (305)513-5680 • WWW.LONGITUDESURVEYORS.COM ) 4•\I4t79 W 63rd SVeel.Miami Beach,rL\divg\Sketch mtl Lcg°la\t 4779 SL ESMT Wnt 09-11-79.dwg 5/29/2015 5:14:93 PM EDT JOB No.14179 PAGE 1 OF 3 • • . SKETCH.AND LEGAL DESCRIPTION • FOR WATER MAIN EASEMENT dsnlagman,at. � 1 ^ L Y C .\\°J • • • • • • LEGAL DESCRIPTION OF WATER MAIN.EASEMENT: f • • A portion of Tract "I" of 'AQUA AT.ALLISON ISLAND", according tb the Plat thereof, as recorded in Plat Book -• 1 62; at Page 53., of the Pub{lc Records of Miami Dade County, Florida, being more particularly described as follows: • COMMENCE at the most NE Corner of said Tract "I'f; thence 509°36132"E along the Northeaterly Boundary Line of said Tract"I", for I I .72 feet to a•point on a circular curve concave to the Northwest and bearing 507°50'05"E from the center of said curve, said point also being the POINT OF BEGINNING of the centerline of V •i - a I 0 foot wide water main easement, lying 5.00 feet on each side of the following described centerline• V (shortening or extending the side lines thereof, so as to create a continuous strip of land); thence . Southwesterly along the arc of said curve, having for its elements a radius of 1 000.00 feet, a central angle-of 06°44'35"for an arc distance of 1 17.69 feet to a point.on the Southeasterly Right of Way Line of West 63rd 11 Street, as.shown on said Plat of AQUA AT ALLISON ISLAND", said point also being the Point of Termination of the aforementioned centerline. Containing I , I G6 Square Feet, more or less, by calculations. • • • • • • • • • • • • I � ij NOTICE:This document Is not valid,full and complete without all pages. EXHIBIT t�A�t / L F ..-t S U R V E. Y 0 R S, L L C 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 p PHONE: (305)463-0912 ,< FAX: (305)513-5680 * WWW.LONGITUDESURVEYORS.COM � L•\14179 W 63rd Strcet,Miami Beach.FL\drg\Skolch and Logale\14179,SL ES1dT Picot 05-11-15.dag 5/29/2015 5:13:53 PM.EDT JOB No.14179 PAGE 2 OF 3 ; • • • OR Bk 298 PG 4739 , ' LAST P A G E r _._. .. • . , SKETCH AND LEGAL DESCRIPTION FOR WATER. MAIN EASEMENT . O $flJ \ err :."-•.•III wi Ilia oill 11116 .1111 .g 111 vE 01100111 b fI 1[131- 15-31111" II"' A oil i% oi• 111-- ER -' tie VIII . m % 111Q11 till 011 oat 1tII:;010 0111111,es■ )11111 100-1...- •••10. , fir . 1101 Will Eli. Z mA t� wig a z ....1.4.i 1,\ . . rs?).,) 1N. 9., 0 4/4111- SIAM= ''''••• . team 3 ' a Z I s D � � � �trlrll .G i .c ., Co- . • # 0.0.010,4 isfe z .0 LOCATION MAP -��. NOT TO SCALE SOUP.Cl:5 OF DATA: • I.Plat of°AOUA AT ALLISON ISLAND°,Recorded in Plat Book 162.at Page 53 of the Public Reconds of Miami-Dade County,Florida. 2.Plat of"AMENDED PLAT OF SECOND•OCEAN FRONT SUBDIVISION",Recorded in Flat Book 28,at Page 28 of the Public Records of Miami-Dade County,Florida. Bearings as•shown hereon are based upon the centerline of West Gard Street with an assumed bearing of N80°2328"E,said line to be considered a well established.and monumental line. - EASEMENTS AND'ENCUMBRANCES: . No.information was provided as to the eiistence or any easements other that what appears on the underlying Plat of record.Please refer to the Lanitations item with respect to possible restrictions of record and utility services. LIMITATIONS: Since no other information were furnished other than what is cited in the Sources of Data,the Client is hereby.advised that there-may be legal restrictions-on the subject - - property that-are riot shown on the Sketch or contained within this report that may be found in the Public Records of Miami-Dade County,Florida or•any other public and private entities as their jurisdictions may appear. This document does not represent a field boundary survey of the described property,or any part or parcel thereof. SURVEYORS CERTIFICATE: I hereby certify_:.That this°5ketch'to Accompany Legal Description"and the Survey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge and:itieL'al and further,that said"Sketch to Accompany Legal Description"meets the intent of the applicable provisions of the"Minimum Technical 5tandards:for Land.Surveying in the State of Florida",pursuant to Rule 5J-17.051 through 5J-17.052 of the Florida Administrative Code and its implementing law,Chapter 472.027of the-Florida.Statutes. LONGITUDE SURVEYORS LC.,a Florida Limited Liability Company Florida•Certrficat —Of-Authon:aition Number L57335 • 0 ::2--.4 .--sicS: -- .: (----- , Date: a__,0f*/$4.5— . , • Jose S nae,P5M,for'theFirrri Regis eyed Surveyor and.Mapper L55938 St • a - of Florida -. -. • • NOTI e • Not valid without-the signature and original raised seal of a Florida Licensed Surveyor and Mapper.Additions or deletions to Survey Mops by other than the • signing party are prohibited without the written consent of the signing party. NOTICE This document Is not valid,full and complete without all pages. EXHIBIT"A" • L 0,"-%..,-,1 0 0 T U�`E S U R V E Y O R S, LLc 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 " PHONE: (305)463-0912 " FAX: (305)513-5680 " WWW.LONGITUDESURVEYORS.COM u',i 17a W Ord Sued,kl°ml nc°ch.FL\drp\i ctch cm I.n i\19179 sL MIT Writ as-tr-ls.awg 5/29/2013 5:13:1.1 PM Si '�— --- JOB N0.14179 PAGE 3 OF 3V�' • • • •