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<br />PREPARED BY AND RETURN TO:
<br />Florida Power & Light
<br />General Office Law/JB
<br />700 Universe Blvd.
<br />Juno Beach, Florida 33408-0420
<br />
<br />FOLIO NO. , 1-:2.2..\()"'l)H .0040
<br />
<br />EASEMENT TO FPL
<br />
<br />THIS EASEMENT made this ..1.r...- day of k.. , 2010, by and between the CITY OF
<br />SUNNY ISLES BEACH, a Florida municipal corporation, 18070 Collins Avenue, Sunny Isles Beach, FL
<br />33160 "Owner" and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, "Grantee" or "FPL."
<br />
<br />WITNESSETH
<br />
<br />WHEREAS, the Owner purports to have an interest (hereinafter "Easement Rights") in the
<br />property situate in Sunny Isles, Miami-Dade County, Florida, and described as follows:
<br />
<br />SEE EXHIBIT A (hereinafter referenced as the "Easement Land")
<br />
<br />WHEREAS, the Owner desires that FPL install certain electrical facilities on the Easement Land.
<br />
<br />WHEREAS, in order that FPL may install its facilities on the Easement Land, the Owner desires
<br />to grant and/or assign its Easement Rights in the Easement Land to FPL..
<br />
<br />NOW, THEREFORE, in consideration of the mutual benefits and agreements set forth herein,
<br />and other good and valuable consideration, the receipt and sufficiency of which are hereby
<br />acknowledged, the parties hereto do hereby agree as follows:
<br />
<br />1. The Owner does hereby grant and/or assign unto FPL its agents, successors and assigns
<br />an easement forever over the Easement Land to enter on, under and across said Easement Land at all
<br />times and to construct, reconstruct, and maintain overhead and underground utilities facilities including
<br />cables, wires, conduit, and all appurtenances thereto (the "Facilities") with the right to reconstruct,
<br />improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of
<br />them within the Easement Land; together with the right to permit any other person, firm or corporation to
<br />attach wires to the Facilities hereunder and lay cable and conduit within the Easement Land and to
<br />operate the same for communications purposes; the right of ingress and egress to said Easement Land
<br />at all times; the right to clear the Easement Land and keep it cleared of all trees, undergrowth and other
<br />obstructions within the Easement Land; the right to trim and cut and keep trimmed and cut all dead,
<br />weak, leaning or dangerous trees or limbs outside of the Easement Land which might interfere with or fall
<br />upon the lines or systems of communications or power transmission or distribution; and further grants, to
<br />the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the
<br />land heretofore described, over, along, under and across the roads, streets or highways adjoining or
<br />through said property.
<br />
<br />2. The Owner states that this Easement shall be and constitute a covenant running with the
<br />land, fully binding upon the Owner and the successors and assigns of the Owner.
<br />
<br />3. The Owner does hereby warrant that this Easement has been duly executed and does
<br />hereby fully warrant its interest in the Easement Land, and will defend FPL against the lawful claims of all
<br />person whomsoever.
<br />
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