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HomeMy WebLinkAboutR-80-0057RESOLUTION NO. S 0 5 7 A RESOLUTION GRANTING TO SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY A SIX-FOOT EASEMENT OVER AND UNDER CITY OF MIAMI PROPERTY LOCATED AT p `/ 050 WEST FLAGLER STREET FOR COMMUNICATION �Su PPORT1 �` tURPOSES . DOCU M ` l t) FOLLOW' WHEREAS, Southern Bell has requested from the City of Miami a six-foot easement to provide telephone service to>a building under construction on the property east of property known as 5050 West Flagler Street; and owner of'''the. HOLMES RESUBDIVI- lic Records of WHEREAS, the' City of Miami is the fee simple abovementioned,property legally described as Lot 4,' SION, recorded in Plat Book 13. at Page 39 of the Pub Dade County, Florida, and WHEREAS,.Southern Bell agrees that said easement shall b used exclusively for the installation and maintenance of tion equipment and said easement shall always be maintained so as to become a nuisance; and WHEREAS. the granting; property; it is now in order for the the aforesaid easement across communica- not City Commission to approve and over City of Miami NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY. OF MIAMI, FLORIDA: Section 1. The City Manager and the City Clerk of`=the City of Miami are hereby authorized to execute and deliver to Southern Bell Telephone and Telegraph Company a six-foot telephone easement for communication purposes over and under City Miami propert legally described as the south 6 feet of Lot 4, "HOLMESRESUBDIVISION" as recorded in Plat Book 13 at Page 39 of the Public Records of Dade County, Florida,: and being located at:';5050:West Flagler Street. "DOCUMENT INDEX`;` ITEM N0:` CITY COMMISSION MEETING OF JAN241980 �soUmON 4. 9..7 5. PASSED AND ADOPTED this 24 day MAURICE'A `.FERRE MAYOR ATTEST: CITY CLERK PREPARED AND APPROVED BY: TERRY. V. PERCY ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. K '0 JK. ,/CITATTORNEY 1980 80-57 Resolution_ Granting Telephone Easement to Southe'rn.Bell (For Commission.Meeting of January 24, 19 8 0 ) The -,Department of Public Works recommends adoption of the attached resolution granting to Southern Bell a six-foot: easement through City .of Miami` property at ..5050''West Flagler Street;,�and.` author izing,and directing the City manager and City;Clerk, to execute the attached instrument. Southern Bell Telephone & Telegraph Company has requested from the City of Miami a six-foot telephone easement through. the West Flagler Branch of the Miami -Dade Public Library System located at 5050`.1est Flagler Street. The property is owned by the City. This easement is required to provide telephone service to the building under construction on the property just east of the abovementioned address. The service to, this building is to be provided by burying a cable from S.W. 51 Avenue through the grass area south of theparking lot at 5050 West Flagler Street, which is a branch of the Library System 0 Dade County on City of Miami property. WKB:vh Enclosures: Resolution Grant of Easement cc:' Law. Department II 11111.11..111.11 GRANT OF EASEMENT THIS INDENTURE, Made, this day of D., 0 by and between THE CITY OF MIAMI, a Municipal Corporation of the .State of Florida in the County -of Dade, party of the first part,. and SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, a corporation existing under the laws of the. State of Florida, party of the second part; wITNESSETH, That said party of the first part, or and in consideration of the sum of One Dollar ($1:.00)`and other good and valuable considerations, to it in hand paid :by said party 0±' the second part, the receipt whereof is hereby acknowledged, does here- by".grant, ` give and convey to the party of the second part, i'ts suc- cessors and assigns, forever, a right-of-way easement for the purpose of constructing, operating, maintaining, adding. or removing such lines or systems of communication or related services as the grantee may require consisting of: 1) Poles, guys, anchors, aerial cables and wires; 2) Buried cables and wires, `cable terminals, markers, splicing boxes and pedestals;' 3) Conduits, manholes, undergoruhd cables and wires; 4) and other amplifiers, boxes, appurtenances or devices; g through,' over, across and under the surface of the:followindescribed land, situated in The City of Miami, County of Dade and State of Florida, to -wit: :The southerly six feet of. Lot 4,` HOLMES-RESUBDIVISION, according to the plat thereof, as recorded in Plat Book 13, at Page 39, of the Public Records of Dade County, Florida. The above described easement is part of the property known'as the West Flagler Street Branch of the Miami- Dade Public Library System located at 5050 W. Flagler Street. "SUPPORTIVE DOCUMENTS FOLLOW, 0 IT IS UNDERSTOODAND. AGREED by and between the parties, ease- ment hereto that SOUTHERN BELL a Erees that the said right-of-way ea ment across and under the property' hereby Chen for s uch shall always be maintained so as not to be or become a nuisance, SHOULD the above easement be abandoned or discontinued by operation of lawn or otherwise, the said easement shall cease and revert to the Grantor herein, its successors or assiEns• IN 'WITNESS !WHEREOF, THE CITY OF MIAMI, a Municipal Corporation of the State of Florida, has caused this instrument Coip by its, to be executed in its name and its corporate seal affixed, Manager and its City Clerk, both thereurito duly authorized,. City this day of , 19S0, A.D. Ey: AS CITY MANAGER SEAL Attest SIGNED, SEALED AND DELIVERED, IN THE PRESENCE OF: lO_::. el cl:�at it ii T1t. APP.ROVED AS TO FORM AND COiRRECTiJESS; RNEY GRANT OF EASEMENT, STATE OF FLORID/ COUNTY OF DADE I, an officer authorized to take acknowledgments, IHEREBY CERTIFY. that on this day of , 1980, personally appeared before me JOSEPH R. GRASSIE AND RALPH G. ONGIE, known to meto be the City Manager and the City Clerk, respectively, of THE CITY OF MIAMI, a municipal corporation in and under the laws of. the State of Florida, and known to me to be the persons who executed the foregoing instrument, and they severally acknowledged the execution thereof to be their free and voluntary act and deed as such officers, for the uses and purposes therein expressed, and that they affixed thereto the official seal of the said municipal corporation, all by and with the authority of law and of the City Commission and that the said instrument is the free and formal act of the said municipal corporation. WITNESS my hand and official seal the day and year last aforesaid. My Commission Expires GEORG7 NOX DIRECTOR, DEPAI✓`I�i-i OP PUBLIC- b�OR�S ; This Instrument Prepared by TERRY V. PERCY Department of Law, City of Miam i 31G -rJ -- 240./6'` FLAGLER • 175 7' 40.00' 35 (/3-39) 2 c /_ y /IA Mt //5.04' 4 RE—SUB.eMP//5 0439) _o //5.0¢' N rr // 2. 50' / oI wosb r 1\ cN V 21 1 V .\94iq) c. tter — 3 cici 'IN//2. 6' � �' 1 1/5. 04' 59 92'l '9.70'' L1 901 N GO In 60.23. 83 ti .62 KRA WSER ROAD f,o.�f. LOTS g 20' 79 . • :k 78 71'1. -.la 16_8 b 5; vi - 6,