HomeMy Public PortalAbout18-9506 Execitopn of an Easement Agreement in favor of Trademark Metals Recycling Sponsored by: City Manager
RESOLUTION NO. 18-9506
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, APPROVING THE EXECUTION
OF AN EASEMENT AGREEMENT IN FAVOR OF
TRADEMARK METALS RECYCLING, LLC ACROSS A
SPECIFIC PORTION OF A PUBLIC RIGHT OF WAY KNOWN
AS CAIRO LANE; AUTHORIZING THE ACTING CITY
MANAGER TO EXECUTE THE EASEMENT AGREEMENT ON
BEHALF OF THE CITY OF OPA-LOCKA; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-locka ("City") owns a parcel of land more particularly
described as the public right-of-way known as Cairo Lane adjacent to property owned by
Trademark Metals Recycling, LLC; and
WHEREAS, Trademark Metals Recycling, LLC intends to install, construct and
maintain storm water, drainage and sanitary sewer lines and facilities, and private utilities
under, across and through a portion of the City's Property, being more particularly described
in Exhibit "A" attached hereto as the "Easement Agreement"; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
grant an easement to Trademark Metals Recycling, LLC; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission hereby approves the execution of an Easement Agreement, in a
form acceptable to the City Attorney, with Trademark Metals Recycling, LLC and
authorizes the Acting City Manager to execute the Easement Agreement on behalf of
the City.
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Resolution No. 18-9506
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
PASSED AND ADOPTED this 27th day of June, 2018.
7/(4.
Myra L. aylor
Mayor
A -st to: Approved as to form and legal sufficiency:
t Ii\dr\
c
Joa1na Flores THE BROWN LAW GROUP, LLC
City Clerk City Attorney
Moved by: COMMISSIONER HOLMES
Seconded by: COMMISSIONER RILEY
Commissioner Vote: 4-0
Commissioner Holmes: YES
Commissioner Riley: YES
Commissioner Pigatt: YES
Vice Mayor Kelley: YES
Mayor Taylor: NOT PRESENT
This Instrument Prepared By:
Gunster, Yoakley & Stewart, P.A.
do Mario Garcia-Serra, Esquire
600 Brickell Avenue
Suite 3500
Miami, FL 33131
EASEMENT
THIS EASEMENT (this "Easement") is granted this day of , 2018, by
the CITY OF OPA-LOCKA, a Florida municipal corporation, whose address is 3400 NW 135th
Street, Building B, Opa-Locka, Florida 33054, as grantor (the "GRANTOR") in favor of
TRADEMARK METALS RECYCLING LLC, a Delaware limited liability company, whose
address is 5401 W. Kennedy Boulevard, Suite 400, Tampa, Florida 33609, as grantee (the
"GRANTEE").
RECITALS:
A. Grantor is the owner of a certain parcel of land situate, lying and being in the City
of Opa-Locka, and being more particularly described as the public right-of-way known as Cairo
Lane (the "Grantor's Property").
B. Grantee is the owner of a certain parcel of land more particularly described as
Parcel 1 on Exhibit "A" attached hereto ("Parcel 1"), which is located adjacent to the Grantor's
Property.
C. Grantee is also the owner of another certain parcel of land more particularly
described as Parcel 2 on Exhibit "A" attached hereto ("Parcel 2"; together with Parcel 1,
"Grantee's Property"), which is located adjacent to the Grantor's Property.
D. Grantee intends to install, construct and maintain storm water, drainage and
sanitary sewer lines and facilities, and private utilities under, across and through a portion of
Grantor's Property, being more particularly described on Exhibit `B" attached hereto (the
"Easement Property").
E. Grantor agrees to grant this Easement for the installation, construction,
maintenance, relocation and repair of drainage, water, storm water and sanitary sewer facilities,
and private utilities, together with the right to inspect, alter and operate such private utilities for
the benefit of Grantee, its successors and/or assigns, and Grantee's Property.
NOW THEREFORE, in consideration of the mutual covenants, benefits and agreements
of the parties set forth in this Easement and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated into and
form a part of this Easement.
2. Grant of Easement. Grantor does hereby grant to and for the benefit of Grantee,
its successors and/or assigns, and Grantee's Property, a non-exclusive perpetual easement in, on,
under, over, across and through the Easement Property for installation, construction,
maintenance, relocation and repair of drainage, water, storm water and sanitary sewer facilities,
utilities,pipes and equipment, together with the right to inspect, alter and operate the same.
3. Maintenance of the Easement Property. The Grantee shall restore the surface of
the Easement Property after any excavation of the Easement Property and shall keep the
Easement Property free from trash, debris and safety hazards following any repair or
maintenance of the utilities; provided; however, that the foregoing shall not impose any
obligation on Grantee to permanently maintain the Easement Property. The Grantee shall have
the right, but not the obligation, to clear the Easement Property of any obstruction located within
or outside the Easement Property which might interfere with the Grantee's use of the Easement
Property as permitted hereby. The Grantee shall use the Easement Property in accordance with
all applicable laws, rules and regulations of governmental authorities having jurisdiction over the
Easement Property or use thereof as herein provided.
4. Covenant Running with the Land. All provisions of this Easement, including the
benefits and burdens, shall be a covenant running with the land, binding upon Grantor and
Grantee, their respective successors and assigns.
5. Termination. This Easement shall continue unless or until Grantee terminates its
rights herein provided by written notice to the Grantor, its successors or assigns. Neither the
failure to use the Easement Property nor the abandonment of the Easement Property shall
constitute or be construed as a termination of this Easement.
6. Notices. Notices or other communication hereunder shall be in writing and shall
be sent by certified or registered mail, return receipt requested, or by other national overnight
courier company or personal delivery. Notice shall be deemed given upon receipt of refusal to
accept delivery. Each party may change from time to time their respective address for notice
hereunder by like notice to the other party. The notice addresses of the Grantor and Grantee are
as follows:
AS TO GRANTOR: City Manager
City of Opa-Locka
3400 NW 135th Street
Building B
Opa-Locka, FL 33054
With copy to: City Attorney
City of Opa-Locka
3400 NW 135th Street
Building B
Opa-Locka, FL 33054
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AS TO GRANTEE: Trademark Metals Recycling LLC
c/o The David J. Joseph Company
300 Pike Street
Cincinnati, OH 45202
Attn: B. Scott Bennewitz
With copy to: GUNSTER
Brickell World Plaza
600 Brickell Avenue, Suite 3500
Miami, FL 33131
Attn: Mario Garcia-Serra, Esq.
7. Entire Agreement. This Easement contains the complete understanding and entire
agreement of Grantor and Grantee with respect to the matters addressed in this Easement and
there are no other agreements, representations, or warranties other than as set forth in this
Easement.
8. No Waiver. No waiver of any provision of this Easement shall be deemed to
constitute or imply a further waiver thereof of any other provision set forth in this Easement.
9. Headings. The headings used in this Easement are for convenience and reference
only and are not included in any way to define or limit the scope or content of this Easement or
to, in any way, affect its provisions.
10. Florida Law. This Easement shall be construed and enforced in accordance with
the laws of the State of Florida.
11. Recording. This Easement shall be recorded in the Public Records of Miami-
Dade County, Florida by the Grantee.
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement as of the
date and year written above.
WITNESSES: GRANTOR:
Signature of Witness THE CITY OF OPA-LOCKA, FLORIDA
A Florida Municipal Corporation
Printed Name
By:
Its:
Signature of Witness
Printed Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
, 2018 by , as of CITY OF
OPA-LOCKA, on behalf of said Florida municipal corporation. He/She is ❑ personally known
to me or ❑ has produced as identification and did/did not
take an oath.
[NOTARY SEAL] NOTARY PUBLIC, STATE OF FLORIDA
Print Name:
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WITNESSES: GRANTEE:
TRADEMARK METALS RECYCLING, LLC,
Signature of Witness A Florida limited liability company
Printed Name By:
Its:
Signature of Witness
Printed Name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2018 by , as of
TRADEMARK METALS RECYCLING, LLC, on behalf of said Florida limited liability
company. He/She is ❑ personally known to me or ❑ has produced
as identification and did/did not take an oath.
[NOTARY SEAL] NOTARY PUBLIC, STATE OF FLORIDA
Print Name:
5
EXHIBIT "A"
PARCEL 1
Lots Three (3), Four (4), Five (5), Six (6), Seven (7) and Eight (8), in Block 305, NILE
GARDENS, SECTIONS I AND II, according to the Plat thereof, recorded in Plat Book 31, Page
42, of the Public Records of Miami-Dade County, Florida; and
A portion of Lots Nine (9) and Ten (10) in Block 305, NILE GARDENS, SECTIONS I AND II,
according to the Plat thereof, recorded in Plat Book 31, Page 42, of the Public Records of Miami-
Dade County, Florida, more particularly described as follows:
From a Point of Beginning at the intersection of the South line of Lot 10, Block 305, NILE
GARDENS SECTIONS I AND II, according to the Plat thereof recorded in Plat Book 31, at
Page 42, of the Public Records of Dade County, Florida, with the East line of Section 29,
Township 52 South, Range 41 East, Miami-Dade County, Florida, run West along the South line
of said Lot 10 for a distance of 206.65 feet, more or less, to a point on the Easterly right-of-way
of the Seaboard Airline Railroad; thence run Northeastwardly along the Easterly right-of-way of
the said Seaboard Airline Railroad, the same being the arc of a curve to the right having a radius
of 2814.93 feet for a distance of 305.17 feet, more or less, to a point on the North line of Lot 9 of
said Block 305, said North line being also the North line of the Southeast 1/4 of said Section 29;
thence run East 152.05 feet along the said North line of Lot 9 to a point on the East line of said
Section 29; thence run South along the East line of said Section 29 for a distance of 300.23 feet,
more or less, to the Point of Beginning, containing 1.25 acres, more or less.
AND
From a Point of Beginning at the intersection of the South line of Lot 10, Block 305, NILE
GARDENS, SECTIONS I AND II, according to the Plat thereof, recorded in Plat Book 31, at
Page 42, of the Public Records of Miami-Dade County, Florida, with the East line of Section 29,
Township 52 South, Range 41 East, Miami-Dade County, Florida, run North along said Section
line for a distance of 320 feet, more or less, to a point; thence, at an angle of 90 degrees to the
East, go due East 102.09 feet to a point; thence at an angle 90 degrees to the South, go due South
320 feet to a point; thence, at an angle 90 degrees to the West, go due West 102.09 feet, more or
less, to the Point of Beginning.
PARCEL 2
West 70 feet of the East 210 feet of Lot One (1), in Block Three Hundred Four (304), of NILE
GARDENS, Section 1, according to the Plat thereof, as recorded on Plat Book 31, at Page 42, of
the Public Records of Dade County, Florida
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EXHIBIT `B"
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