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HomeMy WebLinkAboutexhibitSTATE OF FLORIDA COUNTY OF MIAMI-DADE Preparer's name and address: Q1��� .c;3Al�a tck.'\0, City of Miami Dept. of Economic Development 444 SW 2"d Avenue, Suite 325 Miami, FL 33130 EASEMENT For and in consideration of Thirty Thousand Dollars ($30,000.00) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the undersigned owner(s) of the premises described below, hereinafter referred to as Grantor, do(es) hereby grant to BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia Corporation, its licensees, agents, successors, assigns, and allied and associated companies, hereinafter referred to as Grantee, a non-exclusive easement to construct, operate, maintain, add, and/or remove such systems of communications, facilities, or related services as the Grantee may from time to time require upon, over, and under a portion of the lands known as Merrie Christmas Park in Miami -Dade County, Florida, Records and, to the fullest extent the grantor has the power to grant, upon, over, along and under the roads, streets, or highways adjoining or through said property. The said easement is more particularly described as follows: A 6' strip of land running North/South and a 20' X 25' area described in the Location Sketch No. 30974 prepared by E.R. Brownell and Associates, Inc. dated June 2, 1994 attached hereto and made a part hereof as Exhibit "A". The following rights are also granted: the non-exclusive rights and/or obligations; to allow any other person, firm or corporation to attach wires or lay cable or conduit or other appurtenances upon, over and under said easement for communications or electric power transmission or distribution; ingress to and egress from said easement at all times; the obligation to clear the area and keep it cleared of all trees, undergrowth, or other obstructions; the obligation to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of communication or power transmission or distribution. SPECIAL STIPULATIONS OR COMMENTS: The following special stipulations shall control in the event of conflict with any of the foregoing easement: As additional consideration for the granting of this easement, Grantee will replace the damaged fence along the east side of the park. Grantee will place another fence around the easement area to enclose the cabinet and cross -box located in the 20' X 25' area. Grantee will place landscaping in such a manner that will essentially conceal the cabinets as much as possible subject to approval by the Grantor's Planning and Risk Management Departments. All utilities serving the easement area shall be separately metered and shall be billed to and paid directly by Grantee. The Grantee, during the course of installation and future operation of the improvements shall not encroach beyond the boundaries of this Easement or any other easement that may be granted by the Grantor. Should the Easement be abandoned or discontinued by law or otherwise, the Easement shall cease and revert with the right of immediate possession and right of entry to the Grantor or its successor in interest. To have and to hold the above granted non-exclusive easement unto Grantee, successors, assigns, and allied and associated companies forever and in perpetuity. Grantor warrants that grantor is the true owner of record of the above -described land on which the aforesaid easement is granted. 2 IN WITNESS WHEREOF, THE CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Miami -Dade, has caused this instrument to be executed in its name and its seal to be affixed hereto by the authority granted to the City Manager and the City Clerk at the October 23, 2003 City Commission Meeting by Resolution No.: authorized this day of , 2003. "GRANTOR" CITY OF MIAMI, a municipal corporation of the State of Florida By: Joe Arriola, City Manager ATTEST: Priscilla A. Thompson City Clerk APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello City Attorney K-0300734 STATE OF FLORIDA COUNTY OF DADE ) ) SS ) I HEREBY CERITFY that Joe Arriola, Chief Administrator/City Manager personally appeared before me and acknowledged that he was the same. The foregoing instrument was acknowledged before me this day of , 2003 by Joe Arriola (Chief Administrator/City Manager) of the City of Miami, a municipal corporation of the State of Florida. He is personally known to me or has produced as identification and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this day of My Commission Expires: Printed Name: Notary Public 3 Accepted and Agreed by Bellsouth Telecommunications, Inc., a Georgia Corporation, this day of ,20 . "GRANTEE" ATTEST: BELLSOUTH TELECOMMUNICATIONS, INC. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Grantor's Address: By: City of Miami — Dept. of Economic Development 444 SW 2 Avenue, Suite 325 Miami, Florida 33130 Grantee's Address: BellSouth Telecommunications, Inc. 9101 SW 24 Street Miami, Florida 33165 4 BOUNDARY SURVEY ••I id..kacma. ai-r 4Cs-ert-411--ac'le. • rto.clo, atouv..1 6•- Z0- C4 01- S. - WM3 oletc."Ml. t8 • I.a' 11 q Os iird 7 N o t es : sofszyi-rint 411 I5 .00r 7 : • 100 .0- 15 7 4 80 0 S-r0.1 P e.e.4 6.04 Cal -0414 comusca-. 1- -11.L.70 C-4 4. ibrc e.v•JA0...)r- • - Fbr-Oc-44 0 r 0 4ra 1- ▪ g .42 0 52 a . 3 11 ( 0, Legend P.O.C. P.O.B. S.P. F.P. 2 .44 Point of Commencement = Point of Beginning =-Set 1/2" Iron Pipe with Cap *LB 781 = Found 1/2" Iron Pipe Lo-r 1) Elevations shown are referred to City of Miami Datum based on a bench nark located on the Northwest corner of Barbarossa Ave & Lejeune Rd, Elevation 11.79 2) Bearing, shown are based on an assumed meridian where the center line of Barbarossa' Ave bears North 89•30'00" Nest. 3) Parcel is located in Flood Zone "X", area outside 500 year Flood Plain, based on Federal Emergency Management Agency Flood Insurance Rate Nap 12025CO278.1. ) Conorete pad for ET oabinet shouldbe set at minimum Elevation 17.4 (Er" above existing back of sidewalk elevation). • —...J , .mmmmmmi... . DATE • J. N. _---.......- c F. & REVISION OESCRIPTiON APPROVAL LOCATION SKETCH t-'--z -. -__i,..t,, -- . — � 14.-i�/4 —so -.-2c�c Z.� • -•__=.15X. '. L-S-Z1a1K-LSOIS loser eli a t7 r[sN _!!44 r+w y4 1 3111:C 41_ a_ s�. -- 3 [t ri&t5 .4 0- 4 LEGAL DESCRIPTION - 20' x 25' PARCEL A portion, of the Northwest 1/4 of the Northwest . 1/4 of the Southeast 1/4 of Section 29 Township 54 South Range 41 East lying Nest of and adjacent to Slack 9 of CANNER GABLES 2ND ADDITION as recorded in Plat Book 48 at Page 89 of the Public Records of Dade County, Florida and being mare partictxlarl. described as follow: Commence at the Northwest corner of Lot 1 of said Block 9; thence run North 89-630'00" West along line of said Block- 9,IN the a ceir South 00•12'30." West for feet linehofpsaid OF 9 for'25.0© Peet; thence -run North 89°30'00' West for 20.00 feet; thence run North.00°12'30' East for 25.09, feet; thence run South 89°30'00�' East for 20.00 feet to the POINT OF BEGINNING. LEGAL DESCRIPTION - 6' STRIP EASEMENT A -portion of the -Northwest //4 of the Northwest 1/4 of the Southeast I/4 of Section 29 Township 54 South . Range 41. East lying -West of and 1djacent to Block 9 of CANNER GABLES 2ND ADDITION as recorded- in Plat Book :8 at Page 89 of the Public Records of Dade County, Florida and being more articularly described as follow: Commence at the Northwest corner of Lot 1 of said Block 9; thence run North 89°30'00" West, along line of said Block 9, for 15.00 feet; thence run South 00°12 30' West, along the West line of said Block 9, for 25.00 feet to the POINT OF BEGINNING; thence continue South 00°12'30" West along the West line of said Block 9, for 87.00 feet; thence run North 89°30'00" West for 6.00 feet; thence run North 00'12'30" East for 87.00 feet; thence, run South 89°30'QO" East for 6.00 feet to the POINT OF BEGINNING. Dade County Folio No.: 01-4129-000-0150 For: SOUTHERN BELL TELEPHONEAND TELEGRAPH COMPANY SKETCH NO. 30974 Phone: 446-3511 Fax: 444-2034 THIS IS TO CERTIFY to the above named firm and/or persons that the "BOUNDARY SURVEY' of the herein described property Is true and correct to the best of our knowledge and belief as recently surveyed and platted under our direction. also that there are no visible encroachments other than those shown. The legal description contained herein was furnished by owner or his representative. Other recorded instruments may affect this property. Surveyor has not examined the abstract of title. Location of utilities on or adjacent to the property were not secured unless epecifically requested by owner. This survey meets the Minimum Technical Standards set forth by the FBLS pursuant tc Chapter 472.027, Florida Statutes. • Data 06102/94 E R. BROWNELL & ASSOCIATES, INC. 3152 Coral Way Miami. Florida 33145 F.B. No8BT-149-62 Job No. SD-383 This drawing Is the property- of E R. Browned & Associates, Inc. Reproductions of this drawing are not valid unless embossed with the surveyors seal. C 1991 E. R. BROWNELL & ► CIATES. INC. gyff%l708.1. • Thomas Br. • - I1 Processional Land Surveyor • 2891 State of Florida