Grant of Easement by Aqua Master Association, Inc. aols- 9v se
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CFhl 2015R0681283
OR BK 29826 Pss 4731-4739 (9P9s)
RECORDED 10/23/2015 14:20:34
DOCUMENT COVER PAGE DEED DOG TAX $0.60
SURTAX $0.45
HARVEY RUVIH, CLERK OF COURT
For those documents not providing the required 3 x 3 inch MIAMI-DARE COUNTY9 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: EASe),d
(Mortgage, Deed, Construction Lien,Etc.)
Executing Party: R-/Ll P LEII1�1�
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 corneron each subsequentpage shall 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,assigned,
encumbered,or otherwise disposed of shall be recorded by the clerk of the circuit court unless:
(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
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
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 L- day j f 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
Area, more fully described in Exhibit "A", an exclusive Easement for the installation,
maintenance, construction and repair of a water main pipes, and appurtenances
("Easement Activities"), the costs and expenses associated with same to be paid by the
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 Association
Property free from accumulation of waste materials or rubbish caused by its Easement
Activities. At the completion of the Easement Activities, the City shall remove, at its
sole cost and expense, all its waste materials and rubbish from and about Association
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 da of f �
g g y
2015.
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
4%it
it Attorney Date
Page 4 of 5
IN WITNESS WHEREOF, the Seller has caused these presents to be signed in its name
by their proper officials.
Signed, sealed and delivered
in the presence of:
AQUA MASTER ASSOCIATION, Inc.
a Florida corporati•n
By:
I q�nq r1 o re 5 Print Nam //� J
Print Name Title: /114/xN/ : "A-0 -
Witness: IIA„J' 450 V(Ce�
Print Name: VA KCh f' t`i 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 8r - .erbr r , as Ike-Pks de of AQUA MASTER
ASSOCIATION, INC, a Florida Corporation, who �s personally knower me or who has
produced a valid driver's license as identification.
WITNESS my hand and official seal in the Count nd State last aforesai this iii4day
of , 2015.
cud* - orls
No ry Public, State of Florida
My Commission Expires:
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EXHIBIT"A"TO EASEMENT AGREEMENT. ''
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SKETCH AND LEGAL DESCRIPTION
FOR WATER MAIN EASEMENT
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AQUA AT ALLISO P G 53� m
(PLAT BOOK 162,
NOTICE:This document is not valid,full and complete without all pages. EXHIBIT"A"L J NGITUDE 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
L•\74179 W 63rd Street,Miami Beach.FL\dwg\Sketch Gild Legate\14179 SL ESMT West 05-11-15,dwg 5/29/2015 5:13:53 PM EDT JOB No.14179 PAGE 1 OF 3
.
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"
1LjNGITUDE 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 63rd Street,Miami Beach,FL\drg\Sltatch and Legd■\14179 SL E9JT Wait 0S-11-15.d■g S/29/2015 5:13:53 PM EDT JOB No.14179 PAGE 2 OF 3
OR BK 29826 PG 4739
4
LAST PAGE
SKETCH AND LEGAL DESCRIPTION
FOR WATER MAIN EASEMENT
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LOCATION MAP
NOT TO SCALE
SOURCES OF DATA:
I.Plat of'AQUA "
AQUA AT ALLISON ISLAND".Recorded in Plat Book 162,at Page 53 of the Public ublic Records of Miami-Dade County.Florida.
2.Plat of'AMENDED PLAT OF SECOND OCEAN FRONT SUBDIVISION',Recorded in Plat 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 63rd Street with an assumed bearing of 1480°23'28"E.said line to be considered a well established and I
monumented line.
I
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 restrictions 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.
SURVEYORS CERTIFICATE:
I hereby certify:That this'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 andbet!etand further,that said'Sketch to Accompany Legal Description"meets the intent of the applicable provisions of the"Minimum Technical
Standards for Larict5t rveying in the State of Florida'.pursuant to Rule 5J-1 7.05 I through 5J-1 7.052 of the Florida Administrative Code and its implementing law.Chapter
472.0272of the Fionda.5Latirtes.
LONGITUDE SURVEYORS LLC.,a Florida Limited Liability Company
Florida Certificat .of Authormitiori Number 1.57335
a,.0 ;:/..E
Sy: Aie . ..a.
Date:
Jose 5 nas,ISM,for-the firm
Regis eyed Surveyor and.Mapper 155935
5 to of Florida -
NOTI• • 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 11A11
LONGITUDE SURVEYORS, LLC
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305)463-0912 i FAX: (305) 513-5680 • WWW.LONGITUDESURVEYORS.COM
L:\14179 vi d]ra Street,Miami 9aoci,,FI'.,e., sun a+a Legaia\1,179 SL ESIT wni O5-t1-15.s 5/25/2013 k1,3,u PM EDT JOB No.14179 PAGE 3 OF 3
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