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Name:
Co. Name:
Parcel L. D. # 01-3136-081-0010
Address; 480 NW 11 Street, Miami, Florida.
(Maintained by County Appraiser)
GRANT OF EASEMENT
FPL WR #
THIS INDENTURE is made this
Reserved for Circuit Court
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");
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, the
right and privilege of a perpetual, non-exclusive easement (hereinafter called the
"EASEMENT") on approximately 140.8 square feet of City -owned property located at 480 NW
11 Street, Miami, Florida, shown and described in Exhibit "A" attached herein and made a part
hereof (hereinafter called the "PROPERTY"), with full right of ingress thereto and egress
therefrom, for the construction, operation and maintenance of underground electric utility
facilities (including transformer pad, ducts and/or cables, wires, poles, guys, conduits and
appurtenant equipment) to be installed from time to time {hereinafter called the "FACILITIES")
it:Document 64247 (2)
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to service exclusively City -owned property, with the right to reconstruct, improve, add to,
enlarge, change the voltage of, change the size of and remove such FACILITIES or any of them
within the EASEMENT, provided, however, that any future work to any FACILITIES other than
repairs shall be underground.
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 or 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 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 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. Notice shall be provided to City of Miami, City Manager, 444 SW
2"d Avenue, 10th Floor, Miami, FL 33130, with a copy to City of Miami, Public Works
Department, 444 SW 2nd Avenue, 8th Floor, Miami, Florida 33130.
It is further understood and agreed by and between the parties hereto that GRANTOR
reserves to itself and 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,
it:Document 64247 (2)
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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 be 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 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 it be used for a purpose other than as
authorized hereunder, the said EASEMENT shall automatically 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 PROPERTY 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/or maintenance of the FACILITIES by the GRANTEE'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 PROPERTY and
that it has full power and authority to grant this EASEMENT.
it:Document 64247 (2)
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IN WITNESS WHEREOF, the Grantor has caused this Grant of 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:
Jorge L. Fernandez
City Attorney
it:Docurnent 64247 (2)
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Exhibit "A"
Legal and Sketch
S
it:Document 64247 (2)