HomeMy WebLinkAboutExhibit 1Reserved for Recording
GRANT OF EASEMENT
F.P. No. 4124731
THIS ENMENTURE, made this day of , 2009, between
THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter
called "GRANTOR"), and STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, its licensees, agents, successors, and assigns, (hereinafter called
"GRANTEE");
WITNESSETH:
THAT, the GRANTOR, for and in consideration of One Dollar ($1.00) and other
good and valuable considerations, the receipt of which is hereby acknowledged by the
GRANTOR, has granted and does hereby grant to the GRANTEE, its successors and
assigns, forever, a perpetual non exclusive easement on a strip of land four and thirty/one
hundredths (4.30) feet wide on property owned by the GRANTOR located adjacent to
Brickell Avenue between Southeast 8 Street and 10 Street, Miami, Florida, shown and
described on EXHIBIT "A", attached hereto and made a part hereof, for the sole purpose
of constructing and maintaining a light pole and underground conduits, which is in the
public or community interest and for public welfare, (hereinafter called the
"PROPERTY" or "EASEMENT"), with full rights of ingress thereto and egress
therefrom.
Grant of Easement
F.P. 4" 124 73 1
Page _' of 4
The GRANTEE shall regulate the installation and future operations of the
EASEMENT so as to not conflict with normal operations of the GRANTOR, its
licensees, agents, successors, and assigns; however, the GRANTEE shall have full right
to enter upon the EASEMENT at any time when normal operations or emergency repairs
are required.
The GRANTEE agrees to indemnify, defend and hold harmless the GRANTOR
from and against all suits, claims, judgments, and all loss, damage, costs, attorneys fees
and court costs or charges arising directly or indirectly from the construction, installation,
maintenance, repair, use or existence of the EASEMENT.
The GRANTEE shall give GRANTOR written notice and the opportunity to
attend all pre -construction meetings on installation work within the EASEMENT and
shall be notified in writing well in advance but in no event later than 48 hours prior to the
start of construction. Notice shall be provided to City of Miami, City Manager, 444
SW 2nd Avenue,10th Floor, Miami, Florida, 33130, with a copy to City of Miami,
Public Works Department, 444 SW 2nd Avenue, 8t11 Floor, Miami, Florida, 33130.
It is further understood and agreed by and between the parties hereto that
GRANTOR reserves to itself, its successors and assigns, all other rights not specifically
granted herein, including but not limited to the right to construct streets, cross and recross
said EASEMENT, and any other improvements which do not hinder the operation of the
GRANTEE on an ongoing basis.
Grant of F asement
F.P. 11 124-/31
Pane 3 o1'4
The GRANTEE shall be responsible for all damages to adjacent property as a
result of the installation of the light pole and underground conduits within the
PROPERTY and further, shall restore all pavement, sidewalks, curb and gutter, existing
utilities, and landscaping to a condition acceptable to the GRANTOR.
The GRANTEE during the course of installation and future operation of the light
pole and underground conduits shall not encroach beyond the boundaries of the
EASEMENT or any other easement that may be granted by the GRANTOR. Should the
EASEMENT be abandoned or discontinued by law or otherwise, the said EASEMENT
shall cease and revert with the right of immediate possession and right of entry to the
GRANTOR or its successors in interest.
The GRANTEE agrees to restore, at GRANTEE'S sole cost and expense, any
damage to the PROPERTY, or any areas used by GRANTEE'S agents for ingress and
egress thereto, caused as a result of the use of the PROPERTY by the GRANTEE'S
agents to a condition acceptable to the GRANTOR. Such restoration shall be done within
thirty (30) days after receipt of written notice from GRANTOR directing the required
restoration.
G;'ani ol' E asemeni
F. P. 4 124731
Paye a oi4
IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed
the day and year first above written.
CITY OF MIAMI, a municipal corporation of
the State of Florida
By:
Pedro G. Hernandez, City Manager
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
Julie O. Bru
City Attorney