HomeMy WebLinkAboutExhibit - EasementEasement
Work Order No. This Instrument Prepared by
Sec. 36, Twp 53 S, Rge 42 E
Parcel I.D. #01-3219 011-0071
(Maintained by County Appraiser)
Name: Iris Escarra, Esq.
Co. Name: Greenberg, Traurig, P.A.
Address: 333 SE 2'd Avenue
Miami, Florida 33131
Page 1 of 5
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
(" F'PL"), a non-exclusive 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 five (5) feet in width
described as follows:
Reserved for Recordin
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY THIS REFERENCE
Together with the rightto permit FPL to attach wires to any facilities hereunder and lay cable and conduit within the
easement in connection with the operation and maintenance of electric utility facilities; 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. The undersigned reserves all other rights in and to
the easement area not inconsistent with the easement grant contained herein, including the right to grant other
easements across all or any portion of the easement area, provided the same do not unreasonably interfere with the
use of the easement area by Florida Power & Light Company.
The parties acknowledge that by entering into this agreement for an easement, the City shall not waive and, in all
respects, reserves any and all rights it may have to enforce and otherwise compel the terms and conditions of the
agreement the City executed with FPL during the proceedings concerning the licensing of FPL's nuclear reactors No.
6 and No. 7 at Turkey Point and that FPL shall not commence construction on any part of the associated transmission
lines and/or facilities until and unless FPL obtains the required permits and licenses to construct said reactors.
Should the EASEMENT be abandoned or discontinued by law or otherwise, or no longer of use for the purposes
provided herein or if FPL, its licensees, agents, successors, and assigns do not comply with any term, covenant or
condition of this instrument, the said EASEMENT shall cease and revert automatically and require no further action on
the part of the City, with the right of immediate possession and right of entry to the undersigned or its successors in
interest.
[Signatures appear on next page]
MIA 185455754v1
Miami Bay Trust FPL Easement
IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in its name on the day and
year first above written. Attestation of this EASEMENT by the City Clerk shall constitute evidence of approval by the
City of Miami..
CITY OF MIAMI, a municipal corporation
of the State of Florida
By:
Daniel J. Alfonso
City Manager
ATTEST:
Todd B. Hannon
City Clerk
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Victoria Mendez
City Attorney
Ann Marie Sharpe, Risk Management Director
Risk Management Department
M!A 185455754v1
. • .
EXHIBIT "A"
LEGAL DESCRIPTION:
A 10,00 foot wide Florida Power 84 Light Cofopony Emorrent across portion of °MAGNOLIA PARK" lying orid being
an the upland East of Lot °1:3". and East or the N.E. 6th Avenue Right —of —Way psi' the "Second Amended Plot of
-1..dlognollo Pork" occksi.%flng to the Pkt thereof, recortiod nPla'; riook 3 ot Pulp 25 of the Public: Rocords of
Miami —Dade County, Florida, being more porticuidly described aa
Commence at the Northeast corner of said Lot '8": thence South 0821'38" Weal along the Easteily line of said Lot
also bein. the Wevterly Right —of —Way of id1,1,E. et h Avenue for 6.53 feet; thence South 815822 East for
56.50 feet to the Eost Right —of —Way lino of „said N.E. eth A\cenue, also bein the Point of Peginning of the
here -Holier desc,Tibod- 10,00 foot wide Easement, lying 5.00 feet on each side of the followiftic. described or-mterlIne;
thence continuo South 813822" East for IMO feet: thence North 222950 East for 65,86 feet to the Point of
Termination being on I.ht: South lino oflhe Proaceed Piet of Bay Club", Baid South line also being the
Easteriy projection of the Southerly line of Lot "A" of acid Piot Book 5, Pogo; 25.
Said fires to be ortened or lenci•lhened o ereato o cloeed 10.00 fool wide strip of lonO,
SURVEYOR'S NOTES.,
site Hee n Section 19, TownBilio 55 South, Rano 4.2 Eat, City of Miami, lAiami—Ocide County, Florida.
Al! oodurrlerits ore reoorded in the Puglia Recorde of K.Vtirol-- Dodo County, norida unlace ofterwise noted.
Be:cringe hereon a re referred to on assumed ‘,.,COUG of S08"2.1 being the City of Man monument line
of NF. 6th Avenue,
Land ‘h,)wri hereoo were riot obstruoted for oaserrients and/or of —way bi recorde.
Londe shown horeon by metas and bound method contains 759 square feet, or 0.018 acres, mom or
This is not o Powdory Survey" but only o grophio depiction of the description shown hereon.
DirneriBions shown hereon are based• on Fortin, Levy, sketch #2014-024
SURVEYORS CERTIFICATION:
los.s.
I hereby certify that Le 'Sketch or Description" ikos mode under rri.y resporisitA charge on August 1, 2016, and
meete the applicable codes os set forth the Florida Admstrative Code, pursuant to Section 472,027, Florida - •
"Not voile without the af no taro nad the olivine) ratod
seal pi a Florida 11nortearl Surveyor and Mapper'
FORTIN, ,,L!,,,,AiNI,y, "LES, INC., 1.83653
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. Surveyor and Mapper, LS2f353
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2014-404
FLORMA Clittitlik1C,46a1r,o AUTHORIZA.TIONNUIATIET4.; 0000303
.... 180 Northeast 16 Bib Street / Nereb. 1\01i arni. 13enah, Melide 33162
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A DESCRIPTION NOTES Ciff?TIFICArioN 1A117 8/1'1/16
ORTIN, LEAVY, S KILES, INC.
30010 NOT TO SCALY'
At), No, 160958
CONSULTING ENGINEERS, SURVEYORS &MAPPERS
Dwg, No, 1 i 6— 05 'I
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LOT A
EXHIBIT "A"
POINT OF TERMINATION
SECOND AMENDED PLAT
OF MAGNOLIA PARK
PLAT BOOK 5, PAGE 25
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SCUTH LINE OF THE PROPOSED PLAT OF --
"MIAMI BAY CLUB' & THE EASTERLY
PROJECTION OF THE SOUTHERLY LINE OF
LOT "A". PLAT BOOK 5, PAGE 25.
.2.§,:5'
'-M N87°46'59 E
CITY OF_MIAMI MONUMENT LINE --,,* . I
NE 9th FEET (WORTHDRIVE P,a. 5 PG. 25) gi .. 4
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CENTERLINE OF NE 39th STREET #} Sp LLI
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JS81 °38'22"E 'r
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NORTH LINE Of LOT B AND JOF NE 39TH STREET 0
SOUTH RIGHT OF WAY LINE
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6.63'
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POINT OF COMMENCEMENT --� / I i
POINT OF
BEGINNING
NORTHEAST CORNER OF LOT B
LOT B
SECOND AMENDED PLAT
OF MAGNOLIA PARK
PLAT BOOK 5, PAGE 25
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SKETCH OF DESCRIPTION
FORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th Street / North Miami Beach, Florida 33162
Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flasurvay.com ,
Date • 8/11/16
Scale 1" = 30'
Job, No. 160958
Dwg. No. 1016-051
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Divg, No. 1016051