Permanent Bus Shelter Easement~2mdS'- ~~~'~~
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III VIII VIII VIII VIII VIII III11 Iill IIII
CFN 2rJ~?Sftr7S74391
UR Bk 24626 Pss 1.445 - t500i tbD95)
RECORDED ll7/2?/2D03 14:<4:27
DCED DDC TAX O.GD
This ]nstnunent Was Pre ared By
p l1RIAX !i.45
Record and Return To: HAR!~EY RU!~INr CLERK Of COURT
'
' *Hp ceyy~
° °'" l1I AIiI-DACE CDUNTYr FLORIDA
s Ufiice
}vliami Beach Attorney
City ol ~~
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1700 Convention Center }hive ~ ~'8
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4a' Floor ~ ~'
Miami Beach, FL 33139 I `.~ ~ ~r
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Attention: Raul I. Aguila
PEI2:MANENT BUti SHLL'I'Fli EASE~1;~:NT
TIiI5 IS AN EASEMF..NT given this a' day of !~~~> 2008, by The }lousing
Authority of the City of D4iami Beach whose address is 200 Alton Road, Miami Beach, Florida
33139 (hereinafter referred to as the "Grantor"), to the City of Miami Beach, Florida, a
municipal corporation whose address is 1700 Convention Center Drive, Miami Beach, Florida,
33139 (hereinafter referred to as the "City").
WHEREAS, the Grantor is the owner of certain real property located at 150 Alton Road,
im the City of Miami Beach, Florida (the "Property"); and
WHEREAS; Grantor requests that City, vtd City hereby agrees to, consinrct, install and
maintain a public bus shelter on the Property; and
WHEREAS, Grantor has agreed to convey a permanent easement to City for the
aforestatcd purposes.
NUW, THEREFORE., in consideration of the stun of "fen Dollars (];10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
C}rantor and the City hereby agree as follows:
1. The foregoing recitals aze true and correct and incorporated herein by reference.
2. Grantor hereby grants, bargains, sells and conveys to the City, its successors and
assigns, a perpetual, non-exclusive and irrevocable easement in gross, in , on, over, tluough, and
across the parcel of land, located in Miatni-Dade Cotmty, legally described on Exhibit "A"
attached hereto and incorporated herein by reference (referred to ris the "Easement Area"), for
the construction, installation, maintenance, repair, removal, relocation,. improvement, access and
use of a public transit bus shelter, which may include, but is not limited to, a transit passenger
shelter, seating area, trash receptacles, signage, benches, and any of}ter use or activity which
reasonably relates to and facilitates the public transit purposes described herein. "fhc easement
granted hereunder shalt be subject to all matters of record, rights of tenants, and all applicable
laws, and shall be subordinate to any public utility easement dedicated to the public, as the term
"public utility" is defined in Section 177.031(7)(b); F.S.
3. The City shall have the right and privilege from time to time to alter, improve;
enlarge, add to, change the nature or physical characteristics, and replace, remove or relocate any
improvements provided that they aze located in, upon, over, through and across the Easement
Area only, along w9th all rights and privileges necessazy or convenient for the full benefit and
use thereof for the purposes described in the Basement, including but not limited to the right of
clear obstructions within and to the Fasement Area.
4, Grantor acknowledges that the City may contract vntlt third parties for the purposes
described in this Easement. 71te City shall have the right to assign, contract with and grant to a
third party the exercise of the rights granted to the City in this Easement.
5. The City shall be responsible for the maintenance of the bus shelter and the Lasement
Area. Maintenance by the City may include, as the City deems appropriate, in its sole reasonable
judgment, the removal of any trash, garbage, debris, or other waste material and the upkeep of
landscaping (if any).
6. All of the benefits, burdens, casements, and agreements contained herein shall
constitute covenants running with the land, shall be binding upon the Grantor and shall inure to
the benefit of the City, its successors or assigns, having or hereinafter acyuiring any right title or
interest in the Easement Area.
7. In the event the City fails or refuses to perform any term, covenant, or condition of
this Easement, Grantor's sole remedy shall be the right of specific performance thereof.
$. 'this Easement shall be governed bv, cvnsirued and enforced in accordance with the
laws of the State of Florida. Venue in an action, suit or proceeding in connection with this
L-'asernent shall be in a slate court of competent jurisdiction in Miami-Dade County, Florida. BY
ENTERING INTO THIS AGREEMENT, CITY AND GRANTOR EXPRESSLY WAIVE ANY
R1CiHTS TITHER PARTY M.AY HAVE 'f0 A 'I'RfAL BY JURY OP ANY C1VIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
9. "this Easement constitutes the entire agreement between the parties with respect to the
subject matter hereof and supersedes all prior agreements, understandings and aaangements,
both ora[ and written, between the parties with respect thereto.
10. All notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Consultant and the City listed below or may be
mailed by registered mul, postage prepaid (or airmailed if addressed to an address outside of fhe
city of dispatch).
Until changed by notice in writing, all such notice and communications shall be
addressed as follows: ~~;;~,~
/~,v - r~ .
il~~' ~~~ cop '
~d ;( :
TO GRANTOR: Housing Authority of Ate City of Miami Beach
Attn: Miguel! llel Campillo
Title: Executive llirector
200 Alton Road
Miami Beach, Florida 33139
305-532-601 ext3020
TO CITY: City of Miami Beach
Attn: Fernando A. Vazquez
City Engineer
1700 ConvcnGon Center Drive
Miami Beach, Florida 33139
305-673-7000, Ext. 6399
Notices hereunder shall be effective: if delivered personally, on delivery; if mailed to an
address in the city of dis-patch, on the day following the date mailed; and if mailed to an address
outside the city of dispatch on the seventh day following the date mailed.
11. Subject to the other provisions hereof, this Easement may not be amended, modified
or terminated except by written agreement of all of the Grantor and the City.
[The remainder of this page is intentionally left blank.)
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'~• ~ ~~~ LEGAL DESCRIPTION FOR EASEMENT
ALTON ROAD. AND 2ND STREET
(BUS STOP SHELTER}
EXHIBIT ~"A"
LEGAL DESCiPTTON FOR EASEMENT
COMMENCE AT A PO1NT OF IN'IFRSECTION WITH THE CP~LINE
(EXTENDED) OF 2~ STREET AND THE WESTgtL'Y RIGHT OF-WAY
OF ALOON ROAD;
THII~ICE RUNS 30 00'00'x, ON AN ASSUMED MERIDIAN, ALONG THE`
WESTERLYRIGHT=OF-WAY OF ALTON ROAD FOR A DISTANCE OF 153.92
FEET TO THE POINT OF BEGINNING OF TIIE FOLLOWING DESCRIBED LAND;
THENCE RUN S b0 00'00"W FOR A DISTANCE OF 8.60 FEET TO A POINT; .
fiHENCE RUN S 30 00'00' 1F1 A LINE PARALLEL TO SAID WESTERLY
RIGHT-OF-WAY FORA DISTANCE OF 47.00 FEITT TO A POINT; THFd~ICE RL~I N
60 00' 00'~ FOR A DISTANCE OF 8.60 FEET TO A POINT; THENCE N 30 00'00"~~ -
AIANGSAID WESTERLY RIGHT=OF WAY FOR A DISTANCE OF 47.00 FEET TO
Tf IE POINT OF BEGINNING,
Cary of Miami Beach
Public ~ gfks Depaztme~t
Approved / Not Approved :._.-_
B ~ T ~ Date: ~ f:,s~ cciry~\
Comments. r'.:'~ \
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REVISED: -11-08 LEGAL DESCRIPTION TO ACCOMPANY SKETCH
REVISED: -29-OS (LEGAL) OF PROPOSEDEASEMEN"T'
SEAL: DATE: 7-07-08 ROBERTO BRi2UE~A do ASS9Ct'91tiS -
7319 4YEST FLAGLER~;STREET ,T~•SIAMI -Fl 33 i 44
JOBN0.:08-07.223 (305) 551`-4393;-, (30~) 2566112
PROFESSIONAL.§URVEYOR:'AND;futAPJ3ER NO. 3064
DATE :7-07-08 SHEET : OF2: "'_ ' : ^`'. ",
..: --
ROBERTO : iBRIZUEIA -
OR eY. 26626 PCy lrt3s7
L~t3T t~AGE
IN WITNESS WFII;REOF, each of the parties hereto has caused this Easement
elgreement to be executed and delivered a_¢ of the date first above written.
WiUFesses: GRAN'T'OR:
-_....,
,~
Pri M~me: + vE A ~ u 13iS By: _.__
~ifC.Cat_ ~ ~' .Print: Miguell Del C~trtp Ilo
-P'lstl.~~c ~ Its: Executive Dir r
PP mt Natne: ^ ~~ ~.yJVrcz/t '
STATE OF FLORIDA )
SS:
COUNTY OF MIAIv11-DARE)
The foregoing instnunent was aclotowledged before me this ~ t day of ~C .
2008 b„ Mi ucll Del Campillo, who is the Executive Director of the HACMB who is either
crsonally knowTt me or who has produced n u _ __..-, as idenGlicaGon.
F ll~l~-/ ~.~
(NOTARY SEAL) ~.
Signature of Notary Public of Florida '
NOTARY YUIi1JC•STATL' OF F1ARIDA
l~anesa Naveros
Commission # Dp51825?
1lcnded 7TnpAllanti Bonding CO.,DInc.
iiATF_ CJF FCOR:Dr1 CQUP:TY O' DADS Gooj ~ \
1FlL4EEY u^•RitFY1(ta?i3isi a"~Ma~YoFNie ~.~"~~,c„r'c•
oAS+'nii filu9rl `Oft`CCM_~~~~ ~a $~ ~Q~`.
li7FM.E$S n~Y!)ssid did DSceiol.."3' f~rin rn ~/
FS4ftJEY RUV<t3, CLERK ~1GrcuN a.o Cgcdity Courts ~e~o+'cnu
D.C.
ar.
I~,~JMP~IIIu -Non Fixclusive Easemcnt(2).DOC
September 10, 2008 Commission Meeting !CONSENT AGENDA ! C7 • Resolutions
C7L A Resolution Approving And Accepting An Easement Between The City, As Grantee, And
The Housing Authority Of The City Of Miami Beach (Housing Authority), As Grantor, For An
Approximately 8.6 Foot Wide Strip Of Land Abutting The West Side Of Alton Road At The
Rebecca Towers Property, 150 Alton Road, Miami Beach, Florida, (Said Easement Area As
Further Specifically Delineated In Attachment "1" To This Resolution); Said Easement Required
By The City For The Purpose Of Designing, Constructing, And Maintaining A New Bus Shelter.
(Public Works)
ACTION: Resolution No. 2008-26882 adopted. Fred Beckmann to handle.
Prepared by the City of Miami Beach
Printed on: 1 012 712 0 0 8 Time printed: 5:30:47 PM
Source Database: M:\$CMBICITYCLERIfolio4.21CIerkfolio.nfo
Page I of 1
Hernandez, Kerry
From: Francis, Leonardo
Sent: Monday, October 27, 2008 5:05 PM
To: Hernandez, Kerry
Cc: Aguila, Raul; Hart, Debra; Estevez, Elizabeth
Subject: FW: Bus Shelter Easement
Attachments: Recorded Bus Shelter Easement.pdf
Kerry.
For your records, attached is a copy of the recorded easement docurnen:s pertaining to resolution 2008-20882;
Accepting of easement to construct and maintain a Bus Shelter at Rebecca Towers. Please update the records
accordingly.
Thanks
PJ1iAfv11$EACFt
Leonardo Francis, SporJal Projects CooMinator
PUHUC WORKS DEPARTMENT
1700 Convention Center Drive, hllami Beach, FL 33739
Tel: 105-673-7080 i Fax: 305-673-70281 ~.~~.~.~~ r 'imipca:hll.g+Lv
wo are comnuffed to providing exraf/enf public, xarvice and salefy fe art who five. work and play in our vibrant: tropical, historic community.
From: Eve Boutsis [mailto:eboutsis@ngf-law.com]
Sent: Monday, October 27, 2008 4:49 PM
To: Rivas, Jose; Aguila, Raul
Cc: Francis, Leonardo
Subject: FW: Bus Shelter Easement
From: Laura Mares
Sent: Monday, October 27, 2008 4:41 PM
To: Eve Boutsis
Subject: Bus Shelter Easement
1 Qi 27i'2008