HomeMy WebLinkAboutexhibitsGRANT OF EASEMENT FPL WR #19443
THIS INDENTURE, made this day of , 2003, between THE
CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called
"GRANTOR"), and FLORIDA POWER & LIGHT COMPANY, its licensees, agents,
successors, and assigns, (hereinafter called "GRANTEE");
WITNESSETH:
THAT, the GRANTOR, for and in consideration of the sum 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, the right and privilege of an approximately ten
(10) foot wide perpetual, non-exclusive easement, on City -owned property known as
Melreese Golf Course, located at 1400 Northwest 37th Avenue, Miami, Florida, of the
GRANTOR, shown and described on EXHIBIT "A," attached hereto and made a part
hereof, (hereinafter called the "PROPERTY" or "EASEMENT") for the construction,
operation and maintenance of overhead and underground electric utility facilities to
service exclusively City -owned property (including wires, poles, guys, cables, conduits
and appurtenant equipment) to be installed from time to time; with the right to
reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and
remove such facilities or any of them within the EASEMENT, (hereinafter called the
"FACILITIES"), with full right of ingress thereto and egress therefrom.
The GRANTEE shall regulate the installation and future operations of the
FACILITIES so as not to 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
of the FACILITIES are required.
The GRANTEE agrees to indemnify defend and hold harmless the GRANTOR
from all and against all suits, claims, judgments, and all Ioss, damage, costs, attorneys
fees and court costs or charges arising directly or indirectly from the installation or
maintenance, repair, use or existence of the GRANTEE'S FACILITIES within the
EASEMENT.
The GRANTOR shall be given written notice and the opportunity by the
GRANTEE to attend all preconstruction meetings on installation work of the
FACILITIES within the EASEMENT and shall be notified in writing well in advance of
the actual start of construction within the EASEMENT, It is further understood and
agreed by and between the parties hereto that GRANTOR reserves to itself, its heirs 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 the right to erect Ight
or telephone lines or any other improvements which do not hinder the operation of the
FACILITIES by the GRANTEE on an ongoing basis.
The GRANTEE shall be held responsible for any damage to adjacent property as a
result of the installation and future operation of the FACILITIES, 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
FACILITIES 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
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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 FACILITIES, or any areas used by GRANTEE'S agents for ingress and
egress thereto, caused as a result of the use of the FACILITIES by the GRANTEE'S
agents to a condition acceptable to the City. Such restoration shall be done prior to the
expiration of this agreement.
The GRANTOR does hereby fully warrant that it has good title to the
PROPERTY and that it has full power and authority to grant this EASEMENT.
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:
Joe Arriola, City Manager
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
Alejandro Vilarello
City Attorney
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Joinder and Consent
For good and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, Bunkers Management Group, Inc. as Managing Partner of Bunkers of
Miami, a Florida Joint Venture, hereby joins in and consents to the foregoing Easement
granted by the City of Miami, in favor of Florida Power and Light Company.
Dated this day of , 2003.
Attest:
By:
Print Name:
Corporate Secretary
(Corporate Seal)
STATE OF
COUNTY OF
Bunkers of Miami, a Florida Joint Venture
By: Bunkers Management Group,
Inc., a Florida corporation, Managing
Partner
By:
Print Name:
Title: President
The foregoing instrument was acknowledged before me this day of ,
2003 by , as of Bunkers
Management Group, Inc., a Florida corporation, as Managing Partner of Bunkers of Miami,
a Florida Joint Venture, on behalf of the corporation and joint venture. He/she is personally
known to me or has produced as identification.
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Exhibit "A"
LEGAL DESCRIPTION
A 10 foot wide strip of land being a portion of the Northwest'/4 of the Northeast 'A of
Section 32, Township 53 South, Range 41 East, Miami -Dade County, Florida, being
more particularly described as follows:
Commence at the intersection of the centerline of Northwest 18th Street and the
centerline of Northwest 42nd Avenue (Le Jenne Road); thence North 00°00' 00" East
along the centerline of said Northwest 42°d Avenue for a distance of 17.32 Feet;
thence South 90°00' 00" East for a distance of 50.00 feet to the east right-of-way of
said Northwest 42°d Avenue and the point of beginning; said 10 foot strip of land
lying 5 feet on each side of the following described centerline:
From the point of beginning continue South 90°00' 00" East for a distance of 6.51
feet; thence South 00°00' 00" West for a distance of 44.13 feet to a point of terminus
of the herein described centerline.
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FPL WR #194443
f ,IVI:R #7097-040-0880
•
EASEMENT
This Instrument Prepared By
Sec.32, Twp.53 S, Rge. 41E
Parcel L.D.#01-3132-000-0080
(Maintained by County Appraiser)
Name: L. A. Perez
Co. Name: Florida Power & Light
Address: P.O. Box 029100
Miami, Florida 33102
The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration,
the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light
Company, its licensees, agents, successors, and assigns, an easement forever for the construction,
operation and maintenance of overhead and underground electric utility facilities (including wires, poles,
guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to
reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such
facilities or any of them within an easement described as follows:
Reserved for Circuit Court
See attached Exhibit "A" consisting of two (2) pages, attached hereto and made a part hereof.
Subject to the condition that FPL shall relocate the easement to a mutually agreeable location, upon request by the City,
provided that City shall pay all costs of the relocation.
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable
and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said
premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the
easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the
easement area which might interfere with or fall upon the lines or systems of communications or power transmission or
distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove
granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said
property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 2003,
Signed, sealed and delivered
in the presence of:
ATTEST:
CITY OF MIAMI, A Municipal
Corporation of the State of Florida
By:
PRISCILLA A. THOMPSON, JOE ARRIOLA,
CITY CLERK CITY MANAGER
APPROVED AS TO LEGAL FORM:
ALEJANDRO VILARELLO,
CITY ATTORNEY
STATE OF FLORIDA AND COUNTY OF MIAMI-DADE. The foregoing instrument was acknowledged before me
this day of , 2003, by JOE ARRIOLA, and PRISCILLA A. THOMPSON
respectively the City Manager and City Clerk, on behalf of said corporation, who are personally known to me or have
produced as identification, and who did (did not) take oath.
(Type of Identification)
My Commission Expires:
Notary Public, Signature
Print Name
Note: The foregoing conveyance was approved by Resolution No. 03- of the City Commission of the City of Miami,
Miami -Dade County, Florida, passed and adopted on , 2003. A copy of Resolution No. 03-
is attached as Exhibit "1".
, TO ACCOMPANY
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BISCAY E ENOINEERING COMPANY, INC.
529 VEST FLAMER STREET
MIANI. FLQRIDA 3310
PH: (305) 324-7671
FAX: (305) 324-0609
oar PPM
PREPARED EOR:
FLORIDA POWER do LIGHT CO.
STYE ADDRESS: N.W. 167N St/N.W. 42ND ST.
WMMI, f7..
DALE• 9-03-03
DRAW: S8
SCAM r . JO.
FEEID B00K 2451-72
ORDER Na: 03-76948
DRAWNO ND,: 2089-SS-04
•
SKETCH ACOO PART
" LEGAL DEISCRI3PTION
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LOCATION MAP
NOT TO SCALE
LEGAL DESCRIP j7ON
A 10 FOOT ME STRIP OF LAND FILM:0 A PORTION OF IRE NORINMEST 1/4 OF
THE NORTHEAST 1/4 OF SECTION 32. TONNISHIP SJ SOUTH, RANGE 41 EAST, MIAMI-
DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLON8.
COMMENCE AT THE INTERSECTION OF THE OENTERLIIE OF NORPINEST 187N STREET
AND 1HE CENTERLINE OF NOR7HNEST 42NI0 AIA0411E (LE ,EUAIE ROOD): INE ICE NORTH
00V000' EAST ALONG THE CENTERLINE OF SAID NORTHOEST 42ND AVENUE FOR A
DISTANCE OF t7-12 FEET; THENCE SOUTH 9090'O0' EAST FORA 01STANaE OF 50.00
FEET TO DIE EAST RIGHT-OF-WAY LINE OF SAID NORTNNEST 42ND AVENUE AND
THE POINT OF THE BEGINNING; SAID 10 FOOT STRIP OF LAND LPTNG 5 FEET ON
EACH SIDE OF THE FOLLONNNC DE5ORTBE0 CENTERLINE:
FROM THE PANT OF BEAMING CONTINUE SOUTH 90'00'00' EAST FLR A DISTANCE OF
6.51 FEET; ? H WE SOUTH 0090'00' NaSr FAR A DISTANCE OF 44.1.7 PEET
TO A POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
ABBREVIA TIONS
Asfre - ASPHALT
R/W - RIGHT-AF-WAY
CONC. - CONCRETE
P.O.C. - POINNT OF COMMENCEMENT
SURVEYOR'S NOTES
CHAIN LINN FENCE
REGSTERED LAND SLIRYEYOR
FOUND
PONT OF BEANM8NG
FLORIDA PONER AND LIGHT
1) BEARINGS SHOW IEREON ARE BASED ON DE CENTERLINE OF NW 78TH ST. AS BEING
ON AN ASSUMED BEARING OF S 883927'N
2) NOT A BOUNDARY SURVEY, THE PURPOSE OF TIPS SKETCH IS TO CREATE AN EASEMENT fD
FLORIDA P088R & LIGHT CO TO INSTALL AND MAINTAIN ELECTRICAL LINES AND ACCESSORIES
THERETO
SL/R VE YOR'S CER TIFICA TE
I HEREBY CERVPY THAT THE ATTACHED 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION'
OF THE ABOVE DESCRIBED PROPERTY IS TRUE AND CORRECT 10 THE BEST OF Mr
KNOIB.EOGE AND BELIEF AS RECENTLY SUR,E)'ED UNDER MY DARECRON, 7FIS SKETCH
MEEETS THE MINIMUM TECHWCAL STANDARDS SET FORTH BY TIME FLORIDA STATE BAWD
BOARD OF SURI/1Y PS AND MAPPERS IN RULE 61017-0. FLORIGA AAMIHRSTRAI7IE CODE
PURSUANT lD CHAPTER 472.027, FLORIDA STATUTES AS APPLICABLE
NOT VALID NNTI1OUT THE ORIGINAL SIGNATURE AND RAISED SEAL OF A
FLORIDA LICENSED SURWHAI & MAPPER
BISCA YNE ENGINEERING COMPANY, INC.
529 NEST FL4a.ER STREET, MIAMI, FT. 131J0
(305) 124-7671
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
EB-000012R LB-•,•,129
SURVEY DATE: 9
B. BURTON
PROFESSIONAL SURIEY R AND MAPPER N0. 4992
STATE OF FLORIDA
SHEttrztF
BBCAYNE ENON3131140 OChPANY, INC.
canievagraw. /Ynrr. fL.-rwl
529 WEST FLAGL8R STREET
MIAMI FLORIDA 3310
PN: (305) 324-7571
FAX: (305) 324-0809
PREPARED FOR:
FLORIDA POWER do LIGHT CO.
SITE ADORES$: N.W. 18TH ST./14.W. 42N0 ST.
MAAMl. FT -
DATE. 9-05-05
DRAIN: SO
SCALE 1• - 10'
A1L0 800IC: 2451-72
ORDER NO.: DJ-76948
CRANING NO.: 2089-SS-04