ORDINANCE 778ORDINANCE NO. 7 -73 -778
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, GRANTING AN EASEMENT TO THE SOUTH
MIAMI HOSPITAL FOUNDATION, INC., WITH 'REGARD
TO CERTAIN DESCRIBED PROPERTY FOR THE CON-
STRUCTION AND MAINTENANCE OF COMMUNICATION
L'INES'; PROVIDING FOR A COPY OF THE EASEMENT
TO BE ATTACHED TO THIS ORDINANCE AND AUTH-
ORIZING THE 'PROPER OFFICERS OF THE CITY TO
SIGN SAID EASEMENT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. An easement is hereby granted to the
South Miami Hospital Foundation, Inc. for the construction
and maintenance of communication lines,, said easement to
be on the property described as follows:
Commencing at the NE corner of the SEa of the
NE4 of the NW4 Section 36, 'Township 54 South,
Range 40 East, at SW 74th Street and SW 62nd
Avenue, South Miami, Dade County, Florida, thence
West 35 feet parallel to and on the center line
of SW 74th Street to a point, thence South 89.67
feet along the westerly boundary of SW 62nd
Avenue to a point of beginning, thence East 70
feet to a point on the easterly boundary of SW
62nd. Avenue, thence South 4 feet, thence West
70 feet, thence North 4 feet to the point of
beginning and said easement to be a death of
invert elevation 819" (U.S.C.G.)
Section 2. The proper officers of the City of
South Miami. Florida, are hereby authorized to sign said
easement, copy of which is attached to this Ordinance.
PASSED AND ADOPTED this 1st day of May 1973.
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EASEMENT FOR CONSTRUCTION AND
MAINTENANCE OF COMMUNICATION LINES
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
THIS INDENTURE, made this day of May, 1973, .
by and between the CITY OF SOUTH MIAMI, a municipal corporation
in Dade County, State of Florida, and its successors in
interest, party of the first part, and the SOUTH MIAMI
HOSPITAL FOUNDATION, INC., a corporation under the laws of
the State of Florida, and having its office and principal
place of business in the City of South Miami in said State,
party of the second part.
W 'I T N E S S E T H•
That the said party of the first part, for and in
consideration of the sum of One Dollar to it in hand paid by
the party of the second part, receipt whereof is hereby
acknowledged, and for other and further good and valuable
considerations, does hereby grant to the party of the second
part, an easement for the purpose of laying and maintaining
communication lines under and through the property hereinafter
described.
The land affected by the grant of this easement is
located in the County of Dade and State of Florida in the:
SE4 of the NEa of 'the NA and SWq of
the NW-- of the NE4 of Section 36;
Township 54 South, Flange 4th East.
The easement hereby granted covers a strip of land
4 feet in width, under and tbrough the above described land,
particularly described by metes and beunds, as follows
Cd ftC1ng at the NE corner of tae SE4 of the
NE14 € fe the W1 Scctitfi 36, T&Wfighip 54 acuth,
Range 40 Cant, at SW 74th Street and to 62nd
Avenue, VOS Ith 'Miani, bade C&ifbty, plorifto thefidd
w >pt�JS feetypar llet to and cra g the center lineal
e@lt alml tie ke' t elrly 1:��t' naarryy pt SW 62nd �y�`'
.3�'°b.�y�'u■ue - �¢} a �..���yl�tnt{y�tf /kJl:��.i��9Y�7�, p�yi�,e p�B �SC± pL��p�}ji.�y�fLV i��s�t 4. �0
:yrecj, �ty tyGy�t�4�ti �y {.it�i�by�ht �.t1t Y�y. the t[od!: L`G-72�G}�r'�; {� RJC�.+, }�7GWl'9..t t,-YSf I.- V'
V.4ft-zM 'i41LVC{I {1 J1 S�.� `11.t-ftze 9v!J b 4 rt: -.t* l`.{��L�.&ft- 4iii_4gt
all in accordance with that certain sketch prepared by
Berry & Ellis Associates, Inc., Consulting Engineers, dated
4/6/73 (copy of which is attached hereto).
This grant is made subject to and subordinate to
the prior and continuing right and obligation of the party of
the first part, its successors and assigns, to use all the
property described herein in the performance of its duty as
a municipal corporation. It is made subject to all licenses,
leases, easements, restrictions, conditions,, covenants,
encumbrances, liens and claims of title which may affect said
property, and the word "grant ", as used herein, shall not be
construed as a covenant against the existence of any thereof.
The party of the second part shall bear the entire
cost and expense of constructing, and maintaining the said
communication lines under and through said property.
In the event the party of the first part shall
at any time so require, the party of the second part at its
expense, shall reconstruct or alter said communication lines
or make changes in the location thereof upon receipt of
written notice from the party of the first part so to do..
It is expressly provided that if and when said
easement shall be lawfully and permanently discontinued, the
title to the above described land shall immediately revert to
the party of the first part, its successors and assigns, and
they shall have the right to immediately repossess the same.
IN WITNESS WHEREOF, the said party of the first
part, has executed this instrument and has caused the same
to be executed by its Mayor, and has caused the same to be
attested by the City Clerk of the City of South Miami,,
Florida, on the day and year first above written.
Witnesses as to all parties: CITY OF SOUTH MIAMI, FLORIDA
By
Mayor
Attest:
City Clerk
.i
i
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
BEFORE ME, the undersigned authority, this day
personally appeared JACK BLOCK and CARMEN WAYNE, Mayor and
City Clerk respectively of the City of South Miami, Florida,
and acknowledged before me that they executed the foregoing.
Easement for the purposes therein expressed.
WITNESS my hand and official seal at Miami, Dade
County, Florida, this YL day of May, 1973.
My commission expires:
Notary Public, State of
Florida at Large