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2012-28035 Reso RESOLUTION NO.! 2012 -28035 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A UTILITY ' EASEMENT IN FAVOR OF FLORIDA POWER AND LIGHT (GRANTEE) FOR THE INSTALLATION AND MAINTENANCE OF A NEW DUCT BANK THAT WILL SERVE THE NEW PROPOSED BOYS AND GIRLS CLUB FACILITY AT FLAMINGO PARK. WHEREAS, on November 5, 2008, the Mayor and City Commission adopted Resolution No. 2008 - 26939, approving a Management Agreement between the Boys and Girls Club of Miami -Dade, Inc. (BGCM); and WHEREAS, per this Agreement, the BGCM is undertaking the design, permitting, and construction of a new two -story facility to be located in Flamingo Park, between the existing running track and the pool, immediately northwest of the Police Athletic League Building; and WHEREAS, the former single -story facility that housed the BGCM activities is in the same location was demolished in September 2011 to make way for the new construction; and WHEREAS, the existing FPL duct bank, which is not in an easement, will be removed, replaced and relocated; and WHEREAS, FPL requires that the City grant it a utility easement to install and maintain a new duct bank; and WHEREAS, the proposed easement is 6 feet wide, approximately 1,461 square feet in area, and extends from the southeast corner of Michigan Avenue and 12 Street, runs southerly 93 feet and then easterly approximately 120 feet. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve and authorize the Mayor and the City Clerk to execute a utility easement in favor of Florida Power and Light (Grantee) for the installation and maintenance of a new duct bank that will serve the new proposed Boys and Girls Club facility at Flamingo Park. PASSED AND ADOPTED this 24 day of October, 2012. ATTEST: 4 � Raf I Granado, City Clerk e R. Exposito �`"'..• ayor APPROVED AS TO FORM & LANGUAGE = & FOR EXECUTION :INCORP ORATED= 1 ' City Attorney Date TAAGENDA\2012 \10 -24 -12 \FPL Easement Boys and Girls Club - RESO.doc Attachment Work.Request No, 4 EASEMENT Sec. 3 Twp R E. (BUSINESS) This instrument Prepared By Parcel 0232340000050 Name: Vicente Tome j (Ma[ntained by county Appraiser) Go. name. -T_ . . Int r Z Land Surge O Form 3722 {Stocked} Rev. 6/11 Address: Jd i VW 151. > ST • S te213 Mia mi Lakes,Fl 33014 pg 1 cf 3 The'Oadersigned, in ccnsideratiomof�the payment of $1 -00 and other•good ai?d 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 ( "FPL "), a nori - 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 described as follows:­ ` See•Exhibit "A" ("Easement Area "} 1 c ether with the right to permit FPL to attach wires to any facilities hereunder and lay cable and condult within the easement anc# to operate the same for FPL's communications purposes; right of ingress and egress to the Easement Area at all times; .. the right to clear the land and keep it-cleared of all trees, undergra rih 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 lanes or" systems of communications or power transinission or distribution; and further ggrants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on 'the Easement Rrea heretofore described, ever, along, under and across the roads, streets or highways adjoining or through said Easement Area. iE:'VIATNESS'i, HEREOF, - the urdersigr;ed has signed and sealed this instrument on' 20_ Signed, s -ale . and delivered in the presence of: - En`itY rame Print Na ✓`,9 �/°(G c ea5, pri , - , Jorge R. Ex `832.^ nosito Vice-Mayor' Prin',Address: .Convention Cente Dr, . --- (�tness gna,ureJ Miami Beach, FL 33139 Print Name: n,�litness} • - STFTE O �OLII AND,CdUNTY QF ��L! Ct ri �} - The foregoing instru rent was acknowledged i before me this f sr day" of Y t-1 , . 2C i1 - by T oa 4 r f- � x P o 3 oz n the \ Cf? - rtA-�� of ZH c4 r cl 1 �tar�. Et, h V t��et�qr`� t /' wno.r. p kn to me of .has produced as identification, and who did (did not) take an oath. " ' - (Type of IdenRcr ,: !\ \11 111it ity "Gorr. ss ;cn Exgirss: aiY f3 r 6iary �� Elie, $gnafL L D re S 7 _ ; � v - . _ "• - r f �, • i - zT APPROVED AS TO �T B FORM & NGIJAGE WF EUTION 1 T�c�oi�AT��� C ' 7 Da ° f {� Page 2 of 3 FLAM7NG0 PARK v v - � eserved For circuit .court U 13rd S 13rd ST: o `4 L J CT 14 �J tE ~, 12nd Sfi1T L o -- F , �' C/L - -- CENTERLINE. R/W - - - -- RIGHT OF WAY P.O.C, - -, -- POINT OF COMMENCE P.O.B - - - -- POINT OF BEGINNING P:O.T ------ POINT OF TERMINATION 11th STRI E - U.E - - - -- UTILITY EASEMENT " LEGAL DESCRIPTION: A PORTION OF SECTION 3 TOWNSHIP 54 SOUTH, RANGE 42 EAST, LYING AND BEING IN MIAMI -DADE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:, - • COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, BLOCK, 68 OF "OCEAN BEACH FLORIDA ADDITION No.. 3, " AS RECORDED IN PLAT. BOOK. 2, PAGE 81, OF THE PUBLIC RECORDS' OF MIAMI -DADE. COUNTY, FLORIDA; THENCE 589`59'17 ° W ALONG THE NORTH RIGHT OF WAY LINE OF 11th STREET FOR A DISTANCE DF'750.46 FEET TO A POINT; THENCE RUN N40'O6'10 "E FOR A DISTANCE' OF 324,00 FEET TO A POINT; THENCE RUN 589'39'49 °E FOR A DISTANCE OF '171.03' TO A POINT OF BEGINNING OF THE CENTERLINE OF 6.00 FOOT UTILITY EASEMENT; THENCE CONTINUE S8939'49 "E FOR A" DISTANCE OF 30.07' FEET TO A POINT; THENCE SOO'07'24 "E FOR A DISTANCE OF 93.47 FEET; THENCE RUN S89 - 47. 1-3"E FOR A DISTANCE OF 119.95 FEET TO THE POINT .OF TERMINATION OF THE CENTERLINE OF A 6.00 "FOOT UTILITY EASEMENT." EASEMENT.UNES ARE TO BE LENGTHENED OR SHORTENED AS NECESSARY ".TO MAINTAIN A CONTINUOS 6.00 FOOT WIDE " EASEMENT OF THE AFOREMENTIONED CENTERLINE SURVEYOR'S 'CERTIFICATION I HEREBY CERTIFY: THAT THE ATTACHED LEGAL DESCRIPTION AND THE SKETCH TO ACCOMPANY THE LEGAL DESCRIPTION OF THE ABOVE SUBJECT- SITE IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS ]RECENTLY SURVEYED UNDER MY DIRECTION, AND MEETS THE INTENT OF THE MINIMUN TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND. SURVEYORS AND MAPPERS IN CHAPTER 5J- 17.0.51 (3),2,4 and 5J- 17.0.52 (5)(a)(b) FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 OF FLORIDA STATUTE. SURVEYOR'S NOTES: " 1. THIS SKETCH AND LEGAL DESCRIPTION, DOES NOT CONSTITUTE A BOUNDARY SURVEY. 2. BEARINGS - .SHOWN ARE TO AN ASSUMED MERIDIAN AND BASED ON THE NORTH RIGHT OF WAY LINE OF 11tH STREET, HAS BEEN ASSIGNED A BEARING OF S89'5917 "W. 3. LEGAL DESCRIPTION SUBJECT TO ANY DEDI CATION, LIMI TATIONS,RESTRICTIONS,RESERVAMN, OR EASEMENTS OF RECORD. 4. UNDERGROUND IMPROVEMENTS AND UTILITIES, IF ANY, NOT LOCATED.. 5. NOT VAUD UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. .FLORIDA ItdTERNATIONAL LAND - SURVEYORS, INC. (LB 2668) 5881 WN. 1510 ."STAM, SWE 21v ., y Ftf.(305) 468 -9656 FA)L (3051 829 -2315 _ VICENTE A: TOME Reg. .Land Surveyor. No. 3103 THIS -SHEET 'IS NOT VALID WITHOUT THE OTHERS. State of Florida. JOB.Na.: 196-121 F.B.No.: Frank Ortiz DATE: 9-12-121 Drawn: N.T Sheet -,2 of 3 Sheets � 3 �.1 ._i 1, Page 3 of � - � - Section 3, Township 54 South, Range 42 East Miami —Dade County, Florida Scale:- 1' =50' FPL Work Request No. 4578760 eserved For Circuit Court Indicate North 12nd STREET S8,9'39'49 1 E 589 39'49 E 71.03' CENTERLI t I OF 6.00' U.E ( Ft - --- ' 113 0' , 4., 3 0, r 6.O'U.E ! ! - S6947'13'E" PO.T CENTERLIN X 6.00' U.E LQ FLAMINGO PARS; o z z _ ! F4 Zi d SE. CORNER LOT 6, BLOCK 68 AS,PER y _ S89 59'17 "W 750.46'-- PB i 2, PC 81 "P. (ASSUMED MERIDIANS - . 11th S TRE ET THIS SHEET IS NOT VALID WITHOUT H E OTHERS. JOB.No.: 19 6 -12 F,B.No.: Frank Ortiz DATE: 9 -12 =12 Drawn: N.T Sheet 3 & 3 Sheets COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And The City Clerk To Grant A Utility Easement To Florida Power And Light At Flamingo Park For The Installation And Maintenance Of A Duct Bank That WiII The Boys and Girls Club. Key Intended Outcome -Su orted: Ensure Well- Designed, Quality Capital Projects. Supporting Data (Surveys; Environmental Scan, etc.): The 2012' Community Satisfaction Survey indicates that 80% of residents and 73% of businesses rate the - appearance and maintenance of the City's public buildings as Excellent and .Good. Issue:. ,. Shall the.City.Com mission .adopt the Resolution? Item Summa /Recommendation: At its November 2008 meeting', the City Commission adopted.Resolution.No. 2008 -26939 authorizing the execution of a.Management Agreement.between the Boys and Girls Club•of:Miami -Dade, Inc:, (BGCM) and the City. Per this Agreement, the BGCM is undertaking the design, ,permitting, and•construction of a new two -story facility to be located in Flamingo Park, just east of the existing. running track and immediately north of the Police Athletic League Building. The former single -story facility that housed the BGCM activities in the same location was demolished in September 2011 to make way for the new construction.' Since this time, the BGCM has encountered a number of unforeseen delays, including certain site - related conflicts involving utility line relocations. One.of these conflicts involves the relocation of a Florida Power & Light (FPL) duct bank. ; In order for FPL to locate its facilities on City property, FPL requires the City to record a utility easement in order to install and'rriaintain its assets. The easement is approximately 1,461 square feet in area and will not interfere with any park activities. The Administration recommends approval of the resolution. Advisory. Board Recommendation: Capital Improvement Projects Oversight Committee Financial Information: Not applicable, no funding required. Source of Amount,. ` r Account <. Approved... Funds: OBPI Total Financial Impact Summary:- Cit Clerk's Office Legislative Trackin Rick Saltrick, ext: 6565 - Sign-Offs: partment.Director. ,: ' Assistant City Manager-- -"-' City Manager De FHB JGG KGB T:\AGENDA\2012 \10 -24 -12 \FPL Easement, Boys and Girls Club.- SUMMARY.doc k u AGENDA ITEM ( - MIAMI BEACH 1 - _ . DATE Iv'-d V- iZ 1 1 m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, f lorida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM. TO: Mayor Matti Herrera Bower and Members of the. City Commission " FROM: Kathie G. Brooks, Interim City Manager / a DATE: October 24, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF. MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO GRANT A UTILITY_ EASEMENT TO FLORIDA POWER AND 'LIGHT AT FLAMINGO PARK _ FOR THE INSTALLATION AND - MAINTENANCE OF A DUCT BANK THAT.WILL SERVE THE BOYS AND GIRLS CLUB. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the Resolution.. FUNDING No funding is required in order to grant the easement. BACKGROUND At its November 2008 meeting, the City Commission adopted Resolution No. 2008 -26939 authorizing the execution of a Management Agreement between the Boys and Girls Club of . Miami -Dade, Inc., (BGCM) and the City. Per this Agreement, the BGCM is undertaking the design, permitting, and construction. of a new two -story facility to be located in Flamingo Park, just east of the existing running track immediately north of the.Police Athletic League Building. The former single -story facility.that housed the BGCM activities in the same location was demolished in September 2011 to make way for the new construction. Since this time, the BGCM has encountered a number of unforeseen delays, including certain site - related conflicts involving utility line relocations.. One of these conflicts involves the relocation of a Florida Power. & Light (FPL) duct bank. ANALYSIS In order for FPL to locate its facilities on City property, FPL requires the City to record a utility easement in. order to install and maintain its assets. The easement enters Flamingo Park at the southeast corner of the intersection of 12 Street and Michigan Avenue. It runs east for approximately 30 feet and then south for approximately 93 feet and then east again for approximately another 120 feet. It is 6 -feet wide and is approximately 1,461 square feet in area (Attachment). It will not interfere with any park activities. i FPL Easement - Boys and Girls Club October 24, 2012 Page 2 of 2 . CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve and authorize the Mayor and the City Clerk to grant a utility easement to Florida Power and Light at Flamingo Park for the installation and maintenance of a duct bank that will serve the Boys And Girls Club. Attachment: Sketch and Legal Description of Proposed Easement KGB /JGG %FHB// TAAGENDA\2012 \10 -24 -12 \FPL Easement Boys and Girls Club - MEMO.doc T:\AGENDA\2012 \10 -24 -12 \FPL Easement Boys and Girls Club - AhEMO.doc