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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. .PPROVE i Awegt t- MyOft ClTy s�W�yty,��5# WSi.T erltb6rM ,r 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 &gtpt�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