HomeMy WebLinkAboutExhibit AExhibit "A"
List of Projects
Project Name
Project Limits
Bird Avenue Road Improvements, B-30628
US1/South Dixie Highway to SW 27th Avenue
and McDonald Street from Jackson Ave to
US1
South Bayshore Drive Roadway and
Drainage Improvements, B-30646
Darwin Street to Mercy Way
Citrus Grove Roadway, B-30749
NW 3rd Street between NW 20th and 21st Ave
This instrument prepared by
and, after being recorded,
shall be returned to:
Victoria Mendez, City Attorney
Office of the City Attorney
City of Miami
444 SW 2"d Avenue, Ste. 945
Miami, FL 33130
Folio No.:
PERPETUAL SIDEWALK EASEMENT
Area Reserved for Recording
THIS EASEMENT made this day of , 20 by whose
address is Miami, Florida
("Grantor"), to the CITY OF MIAMI, a Florida Municipal Corporation its successors and
assigns, 444 SW 2nd Avenue, Miami, FL 33130 ("Grantee").
WITNESSETH: That the Grantor for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable considerations paid, the receipt and sufficiency of which is
hereby acknowledged, hereby grants unto Grantee, its successors and assigns, a perpetual
easement for sidewalk purposes more particularly described, but not limited to, pedestrian
ingress and egress over and upon the sidewalk constructed thereon, construction and
modification of fixtures and amenities within the sidewalk including but not limited to street
furniture, trees, grates, planters, street lighting, utility relocation or upgrade with full authority to
enter upon, construct and maintain the sidewalk and fixtures within the sidewalk, as the Grantee
and its assigns may deem necessary, said land lying in Miami -Dade County, Florida, and legally
described in Exhibit A.
RIGHTS GRANTED TO THE GRANTEE, the Grantee shall have the right to clear
and keep clear all trees, undergrowth, and other obstructions that may interfere with the normal
operation and maintenance of the easement by the Grantee, out of and away from the herein
grantee right-of-way and that the Grantor, herein its successors and assigns, agree not to build,
construct or create nor permit others to build, construct or create, any buildings or other
structures on the herein granted easement that may interfere with the normal operation of the
sidewalk. Grantor further grants the reasonable right to enter upon adjoining lands of the
Grantor for the purpose of exercising the rights herein granted. Grantor may keep the easement
area landscaped and may maintain access driveway entrances in the easement area.
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Doc. No. 254241
Grantee may at any time change the location of the sidewalk within the boundaries of the
easement right-of-way, or modify or adjust the size of the existing sidewalk as it may determine
in its sole discretion from time to time without paying any additional compensation or granting
additional consideration to Grantor or Grantor's heirs, successors, or assigns, provided Grantee
does not expand its use of the easement beyond the easement boundaries described above.
Grantee shall promptly restore and landscaping or driveway entrances damaged by Grantee's use
of the easement area, to their preexisting condition. Grantee shall maintain all sidewalks within
the easement area in good condition and repair. Grantor reserved the right to grant other
easements within the easement area, and to use the easement area primarily for Grantor's own
benefit, provided such other easements and uses do not interfere with Grantee's use of the
easement area as granted hereby.
TO HAVE AND TO HOLD the same unto said GRANTEE, its successors and assigns
forever, together with a covenant hereby knowingly, voluntarily and freely given by GRANTOR
not to sue or to maintain any civil or other claim, demand, cause of action, debt, default, or other
relief against the said GRANTEE and its successors and assigns from any or all personal injury,
property damage, or diminution of property rights arising or accruing by virtue of the
GRANTEE's activities, acts and omissions under this Easement and/or construction and/or
maintenance to the lands, if any, owned by the GRANTOR, laying adjacent, continuous or
abutting to the lands hereinabove described and the GRANTOR will defend title to said lands
against all persons claiming by, through or under said GRANTOR.
This Agreement shall be binding upon successors and assigns personal representatives,
heirs, executors, and administrators, of the parties hereto.
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day
and year first above written.
Signed, sealed and delivered in the presence of: (Two witnesses or corporate seal required by
Florida Law)
Signature of Witness Signature of Grantor
Print/Type Name of Witness Print/Type Grantor Name
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Doc. No. 254241
Signature of Witness Signature of Grantor
Print/Type Name of Witness Print/Type Grantor Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The following instrument was acknowledged before me this day of
20, by , who is
personally known to me to or who has produced as
identification, and who did (did not) take an oath.
(Signature)
(Print/Type Name)
My Commission Expires:
Serial No., if any:
Notary Stamp:
Doc. No. 254241
Page 3 of
City of Miami, a municipal
ATTEST: corporation of the State of Florida
Todd Hannon, City Clerk Johnny Martinez, P.E., City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Victoria Mendez Calvin Ellis, Director
City Attorney Risk Management Department
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Doc. No. 254241
Exhibit A
(Legal Description)
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Doc. No. 254241