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HomeMy WebLinkAboutBack-Up DocumentsDocuSign Envelope ID: EDE6A728-99A0-4DC8-BD5A-DBB83DE38BB2 --------------------------Above Space is Reserved for Recording Information ------------------------- This instrument prepared by and shall be rotimied to: Victoria Mendez, City Attorney Office of the City Attomey City of Miami 444 SW 21d Avenue, Ste. 945 Miami, FL 33130 Folio No.: PERPETUAL SIDEWALK & UTILITIES EASEMENT THIS EASEMENT made this day of , 20 by whose address is ("GRAANTOR"), to the CITY OF MIAIVII, a Florida Municipal Corporation its successors and assigns, whose address is 444 SW 2nd Avenue, Miami, FL 33130 ("GRANTEE"). WHEREAS: GRANTOR is the owner of fee simple title in and to the property described in Exhibit "A". WITNESSETFI: That the GRANTOR for and in consideration of the sung of Ten Dollars ($10.00) and other good and valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto GRANTEE, its successors and assigns, a perpetual easement for sidewalk & utilities purposes more particularly described, but not limited to, pedestrian ingress and egress over and upon the sidewalk constructed thereon, construction and modification of fixtures, amenities and utilities within the easement including but not limited to street furniture, trees, grates, planters, street: lighting, catch basins, drainage structures, utility relocation or upgrade with full authority to enter upon, construct and maintain the sidewalk, utilities and fixtures within the easement, as the GRANTEE and its assigns may deem necessary, said land lying in Miami -Dade County, Florida, and legally described in Legal Description (Exhibit "A"). RIGHTS GRANTED TO THE GRANTEE: The GRANTEE shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with the normal operation and maintenance of the easement by the GRANTEE, out of and away from the herein GRANTEE right-of-way and that the GRANTOR, herein its successors and assigns, agree not to build, construct or create nor permit others to build, construct or create, any buildings or other structures on the herein granted easement that may interfere with the norinal operation of the sidewalk and utilities. GRANTOR further grants the reasonable right to enter upon adjoining lands Page i of 5 Doc, No, 9475442 DocuSign Envelope ID: EDE6A728-99A0-4DC8-BD5A-DBB83DE38BB2 of the GRANTOR for the purpose of exercising the rights herein granted. GRANTOR may keep the easement area landscaped and may maintain access driveway entrances in the easement area. GRANTEE may at any time change the location of the sidewalk and utilities within the boundaries of the easement right-of-way, or modify or adjust the size of the existing sidewalk and or utilities it may determine in its sole discretion from time to time without paying any additional compensation or granting additional consideration to GRANTOR or GRANTOR'S heirs, successors, or assigns, provided GRANTEE does not expand its use of the easement beyond the easement boundaries described above. GRANTEE shall promptly restore landscaping or driveway entrances damaged by GRANTEE'S use of the easement area, to their preexisting condition. GRANTEE shall maintain all sidewalks and utilities within the easement area in good condition and repair. GRANTOR reserves the right to grant other easements within the easement area, and to use the easement area primarily for GRANTOR'S own benefit, provided such other easements and uses do not interfere with GRANTEE'S use of the easement area as granted hereby. TO HAVE AND TO HOLD the same unto said GRANTEE, its successors and assigns forever, together with a covenant hereby knowingly, voluntarily and freely given by GRANTOR not to sue or to maintain any civil or other claim, demand, proceeding, cause of action, debt, default, or other relief against the said GRANTEE and its successors and assigns from any or all personal injury, property damage, loss, or diminution of property rights arising or accruing by virtue of the GRANTEE's activities, acts and omissions under this Easement and/or construction and/or maintenance to the lands, if any, owned by the GRANTOR, laying adjacent, continuous or abutting to the lands hereinabove described and the GRANTOR will defend title to said lands against all persons claiming by, through or under said GRANTOR. This Agreement shall be binding upon successors and assigns personal representatives, heirs, executors, and administrators, of the parties hereto. IN WITNESS WHEREOF, the said GRANTOR has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of. (Two witnesses or corporate seal required by Florida Law) Signature of Witness Print/Type Name of Witness Page 2 of 5 Doe. No. 947544_2 Signature of GRANTOR Print/Type GRANTOR Name DocuSign Envelope ID: EDE6A728-99A0-4DC8-BD5A-DBB83DE38BB2 Signature of Witness Print/Type Name of Witness STATE OF FLORIDA COUNTY OF MIAMI-DADE Property Address Signature of GRANTOR Print/Type GRANTOR Name Property Address The following instrument was acknowledged before me this 20—, by personally known to me to or who has produced identification, and who did (did not) take an oath. Notary Stamp: (Signature) (Print/Type Name) My Commission Expires: Page 3 of 5 Doe. No. 947544_2 day of who is 9R DocuSign Envelope ID: EDE6A728-99A0-4DC8-BD5A-DBB83DE38BB2 GRANTEE: City of Miami, a municipal corporation of the State of Florida ATTEST: Todd Hannon, City Clerk Arthur Noriega, Ph. D. City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Victoria Mendez Ann -Marie Sharpe, Director City Attorney Risk Management Department Page 4 of 5 Doc. No. 947544_2 DocuSign Envelope ID: EDE6A728-99A0-4DC8-BD5A-DBB83DE38BB2 EXHIBIT "A" LEGAL DESCRIPTION Pago 5 of 5 Doc. No. 947544 2