HomeMy WebLinkAboutExhibit 1This Instrument Prepared by:
City of Miami, Dept of Public Facilities
444 S.W. 2"d Avenue, Suite 325
Miami, FL 33130
Folio# 01-4122-002-0020
DW 2004-056 & DS 2004-536
GRANT OF EASEMENT
THIS INDENTURE, made this day of , 2006, between
THECITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter
called "GRANTOR"), and MIAMI-DADE COUNTY, a political subdivision of the State
of Florida, whose mailing address is c/o Miami -Dade Water and Sewer, P. O. Box
330316, Miami, FL 33233-0316, 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 twelve
(12) foot wide strip, perpetual, non-exclusive easement on the property of the
GRANTOR, shown and described on EXHIBIT "A" attached hereto and made a part
hereof, hereinafter called the "EASEMENT" for the purpose of facilitating the
construction, operation and maintenance of water and sewer facilities (hereinafter called
the "FACILITIES"), with the right to reconstruct, improve, change and remove such
facilities within the easement, with the full right of ingress thereto and egress therefrom.
The GRANTEE shall regulate the installation, and future operations and
maintenance 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 loss, damage, costs, attorneys
fees and court costs or charges arising directly or indirectly from the installation,
maintenance, repair, use or existence of the FACILITIES or the EASEMENT.
It is 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 light or telephone lines or any other improvements
which do not hinder the operation of the FACILITIES by the GRANTEE on an ongoing
basis.
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. Notice shall be provided to
City of Miami, City Manager, 444 SW 2nd Avenue, loth Floor, Miami, FL 33130, with a
copy to City of Miami, Public Works Department, 444 SW 2nd Avenue, 8th Floor,
Miami, Florida 33130.
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The GRANTEE shall be responsible for any damage to adjacent property as a
result of the installation, future operation, use and maintenance 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 or discontinued by law or otherwise, or should be used for a purpose other
than the one authorized hereunder, the 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, the EASEMENT, 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.
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IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed
the day and year first above written.
ATTEST:
By:
Priscilla A. Thompson
City Clerk
CITY OF MIAMI, a municipal corporation of
the State of Florida
By:
Joe Arriola, City Manager
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS: CORRECTNESS:
By: By:
Dania Carrillo, Director Jorge L. Fernandez
Risk Management Department City Attorney
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