HomeMy WebLinkAboutExhibitSec.-----.. •1.wh_
Name:
Co. Name:
Parcel L..D.fi 01-3218-020-0120
Address: 6421 NE 2°'i Avenue. Miami, Fla.
Parcel L.1).{i 01-3218-020-0250
Address: 6301-05 NE 2" Avenue. 14t
(Maintained by County Appraiser
GRANT OF EASEMENTS
FPL WR #
THIS INDENTURE is made this day of 2007,
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").
WIITNESSETH:
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: (1) a perpetual, non-
exclusive easement on a five (5) foot wide by approximately two hundred fifty-three
(253) fool long strip of City -owned properly located at 6421 NE 2" d Avenue, Miami,
Florida. and (2) a perpetual. non-exclusive easement on a five (5) foot wide by
approximately four hundred fifty-one (451) foot long strip of City -owned property
located at 6301-05 NE 2nd Avenue. Miami. Florida, shown and described on EXHIBIT
"A" attached herein and made a part hereof (hereinafter called the "PROPERTIES" or the
"EASEMENTS"), with full right of ingress thereto and egress therefrom, for the purpose
of facilitating the construction, operation and maintenance of overhead and underground
electric utility facilities (including wires. poles, guys. cables. conduits and appurtenant
equipment) to he installed from time to time (hereinafter called the "FACILITIES"), with
the right to reconstruct. improve. change the voltage of and remove such FACILITIES or
any of them within the EASEMENTS.
The GRANTEE shall regulate the installation, future operations and maintenance
of the EACH ..ITIES so as not to conflict with normal operations of the GRANTOR, or its
licensees. agents, successors. and assigns: however. the GRANTEE shall have full right
to enter upon the EASEMENTS at any time when normal operations or emergency
repairs of the FACILITIES (TIES are required.
The GRANTEE agrees to indemnify, defend and hold harmless the GRANTOR
from all and against all suits. claims and judgments, and all loss. 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 or the
EASEMENTS.
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 EASEMENTS and shall be notified in writing well in advance of
the actual start of construction within the EASEMENTS. Notice shall be provided to
City of Miami, City Manager, 444 SW 2"`1 Avenue, 10'h Floor, Miami, FL 33130,
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with a copy to City of Miami, Capital Improvements and Transportation, 444 SW
2°`r Avenue, Nth Floor, Miami, Florida 33130.
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
EASEMENTS, 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 GRANTEE shall he held responsible for any damage to adjacent property as a
result of the installation. future operation. use and/or maintenance of the FACILITIES,
and further. shall restore all pavement. sidewalks. curbs and gutters, existing utilities and
landscaping to a condition acceptable to the GRANTOR.
During the course of installation. future operation and/or maintenance of the
FACILITIES. the GRANTEE shall not encroach beyond the boundaries of the
EASEMENTS or any other easement that may be granted by the GRANTOR. Should the
EASEMENTS he abandoned or discontinued by I.aw or otherwise, or should they be used
for a purpose other than as authorized hereunder, the said EASEMENTS 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 to a condition acceptable to the City and at
GRANTEE'S sole cost and expense. any damage to the PROPERTIES/EASEMENTS or
the FACILITIES. or any areas used by GRANTEE'S agents for ingress and egress
thereto. caused as a result of the construction, use. operation and maintenance of the
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FACILITIES by the GRANTER'S agents, Such restoration shall be done as and when
requested by the GRANTOR.
The GRANTOR does hereby fully warrant that it has good title to the
PROPERTIES and that it has full power and authority to grant these EASEMENTS.
IN WITNESS WHEREOF, the Grantor has caused this Grant of Easements to he
executed the day and year first above written.
CITY OF MIAMI, a municipal corporation of
the State of Florida
By:
ATTEST:
Priscilla A. Thompson
City Clerk
Pedro G. Hernandez. City Manager
APPROVED AS TO FORM AND CORRECTNESS:
Jorge L. Fernandez
City Attorney
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