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2002-24868 Reso RESOLUTION NO. 2002-24868 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY COMMISSION TO GRANT THE ATTACHED NON-EXCLUSIVE EASEMENT TO FLORIDA POWER & LIGHT COMPANY (FP&L) FOR THE PROVISION OF UNDERGROUND DISTRIBUTION FACILITIES AND A TRANSFORMER VAULT, WITHIN A VACATED PORTION OF LENOX AVENUE (AT THE COLONY THEATER), LOCATED AT 1040 LINCOLN ROAD; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND RECORD THE EASEMENT FOR THE REQUIRED UNDERGROUND FACILITIES AND TRANSFORMER V AUL T. WHEREAS, the City owns the Colony Theater located at 1040 Lincoln Road (Property); and WHEREAS, in order to render the Property more viable and to meet the Accessibility and Building Code requirements, an addition and reconstruction of the theater is required; and WHEREAS, to meet the electrical power requirements of the reconstructed theater, Florida Power and Light (FP&L) needs to install a transformer on the Property with underground electric feeders; and WHEREAS, the Colony Theater being a historic structure, located within the Flamingo Park Local Historic District, can only accommodate location of the transformer pad within a portion of the Lenox Avenue right-of-way adjacent to the building (Easement Area), said right- of-way having been vacated by Resolution No. 83-17499; and WHEREAS, (FP&L) has requested an easement to install the transformer and underground electric feeders within this Easement Area. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve the grant of the attached Non-Exclusive Easement to Florida Power & Light Company (FP&L) for the provision of underground distribution facilities and a transformer pad to the Colony Theater at Lenox Avenue; and authorize the Mayor and City Clerk to execute and record the Easement for the required underground facilities and transformer pad. PASSED and ADOPTED this 29th day of MAYOR ATTEST: ~~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:\WORK.\$ALL\VGK\EASBMI\COLONYRESO.doc #/lkOh Ii~. <;-"1--/- d""'J-- ~ 08t8 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A resolution authorizing the Mayor and City Commission to execute a grant of easement in the Lenox Avenue right-of-way, to Florida Power & Light (F.P.&L) for the Colony Theater located at 1040 Lincoln Road.. Issue: Shall the City grant an easement to FP&L within a portion of Lenox Avenue vacated to the Colony Theater? Item Summary/Recommendation: The Colony Theater, owned by the City's RDA, is undergoing a major renovation and building addition. To support the power requirement of this renovated theater, FP&L requires to install a transformer with underground feeders. In order to accomplish this, FP&L is requesting an easement for the pad mounted transformer and the underground power transmission lines. The Administration has reviewed the easement request and recommends it be granted. Advisory Board Recommendation: I N/A Financial Information: Amount to be expended: D Finance Dept. Source of Funds: Sign"()ffs: F:\WORK\$ALLWGK\COMMEMO\CS-Colony.doc AGENDA ITEM C 7,V DATE S:-J.9-od. . CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.f1.us COMMISSION MEMORANDUM To: From: Mayor David Dermer and Date: May 29, 2002 Members of the City Commission Jorge M. Gonzalez .~.' City Manager 0 v- IJ . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY COMMISSION TO GRANT THE ATTACHED EASEMENT TO FLORIDA POWER & LIGHT COMPANY (FP&L) FOR THE PROVISION OF UNDERGROUND DISTRIBUTION FACILITIES AND A TRANSFORMER VAULT, WITHIN A VACATED PORTION OF LENOX AVENUE AT THE COLONY THEATER LOCATED AT 1040 LINCOLN ROAD; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND RECORD THE EASEMENT FOR THE REQUIRED UNDERGROUND FACILITIES AND TRANSFORMER VAULT. Subject: ADMINISTRATION RECOMMENDATION: Adopt the Resolution. BACKGROUND: The Colony Theater, located on the corner of Lincoln Road and Lenox Avenue was constructed in 1935, and is designated as a historic property located within the Flamingo Park Local Historic District. To make the theater more viable, an addition was proposed in 1983, which would extend 9 feet into Lenox Avenue. On October 5, 1983, the City Commission adopted Resolution no. 83-17499 vacating this area of Lenox Avenue for the addition. Following this and upon further assessments, the theater was determined to require additional upgrades to meet accessibility, building code and historic preservation standards. On October 6,1999, the Mayor and City Commission adopted Resolution No. 99-23348, authorizing the City to execute a Professional Services Agreement with the State of Florida, Department of Management Services (DMS) for construction management of the Colony Theater. On March 6, 2000, DMS authorized R.J. Heisenbottle (Architect), to proceed with programming and conceptual/advanced schematic design phases for the expansion and renovation of the Colony Theater. Design Development was subject of an extensive programming phase with input received from operator and users of the Colony Theater, City's Historic Preservation Officer, Property Management and the Planning and Zoning Department. On December 15, 2000, the Architect presented alternative schemes from which the Administration concurred with an addition of a 9,520 square foot floor area. To support the development of this theater and the addition, Florida Power and Light (FP&L )mandates the placement of an 18 sq. ft. transformer vault within the confines of the Colony Theater property, to handle the facility's anticipated electrical load. Since there is virtually no room inside the Colony to place the vault, the Architect presented a proposal to pad mount the vault in the public-right-of way, just north of the 9 ft easement area, on the west side of the Colony(see attached sketch). In order to proceed with this, FP&L is requesting the City to grant an easement for the pad mount transformer and the underground transmission ducts area. ANAL YSIS: Public Works has reviewed existing City records, found no conflict with existing utilities or land use and, therefore, recommends granting a non-exclusive easement. The non- exclusive easement will be granted to FP&L for the installation and maintenance of an underground transmission system and for the transformer pad area, within that portion of Lenox Avenue right-of-way as shown in the attached legal description and sketch. The easement will be valid for the duration of said structure and facilities being in service and will revert to the City in case of removal of such electrical services. CONCLUSION: The Administration recommends the granting of the easement by the Mayor and City Commission to Florida Power & Light for the underground utilities and the transformer pad, and the execution and recording of said easement by the Mayor and City Clerk to allow energizing of the Colony Theater at 1040 Lincoln Road. G ~... Z ~1- o .......Z z~ i= OLU 0... <(O:r~ ! ..J rY. W I -- OZW> I "III I-<(ClO i 0: (/) <(rY.- W 1-0.. WI- rY. (/)~ . .. ~! Jil '! _, , · I : :. i! Ili,Po a. t!l i QI i I I I II i ,%I J .III!I I~", !I.. II D I~ I till I viii I I~! t ,I.! ~ i lijill !lUI ~ Uil'I'1 HI!! i ii~1 s Uil hlii U!ii. ~I II III' I lu t I III . · ,.!t J II ! Ii' I , I " I . ." -La-~i . ., . ". II <C " w IIw ~ " =:J ..- /I Z " ~ IIW :!: " > ~ II <c <C " w Ilx -l "0 ~ ~ !!z ~ u.. 1/ W J o " -.J i~ ~ II i: o " it . Cl. 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FL.. 33139 The undersigned, in consideration of the payment of $10.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Flotida Power & Light Company, its licensees, agents, successors, and assigns, a non-exclusive easement forever for the construction, operation and maintenance of cwerhead and underground electric utility facilities (including wire, 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 withinan easement 10' feet in width described as follows: Reserved for Circuit Court See attached Exhibit UA" Together with the right to permit any other person, ftrm or corporation to attaea wires te aRY faeilities aer-eaB.der aRe lay cable and conduit within the easement and to operate the same only for ~ntee's communication purposes: 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 the easement area which might interfere with or fall upon the lines or systems of eomR'N:!BieatieHS ar power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights herein above granted on the land heretofore described. This easement area will revert to the owner/s and all rights discontinued when its use is not required for t intended property. IN WITNESS WHEREOF, the undersigned has signed and sealed thi ins t on May 29 20 02 Mayor's (P!:esilieRt's signature) Print Name: DAVID DERMER Print Address: 1700 Convention Ctr. Dr Miami Beach. FL.. 33139 Attest: !Qwt p~ Clty Clerk's (SesfeWy's signature) Print Name: Robert Parcher Print Name~c)~ 6GI<IJ-( uM~ (Witness) Print Address: 1700 Convention Ctr. Dr Miami Beach. FL., 33139 (Corporate Seal) STATE OF Bor/~) AND COUNTY OF /..l,QH;- hqdp acknowledged ~ ~"",' - beforemethis 5 dayof ~U~ ,2002- ,by -Y<-1ljlc/J~e.r-- ,and ~O ~ f='l pctrch(l r-- , respectively the M~or and City Clerk of the City of Miami Beach, a Florida corporation/municipality, on behalf of said municipality s9I'flerati9B, who are personally known to me or have produced ,;/A- as identification, and who did (did not) take an oath. My Commission Expires: The foregoing instrument was APPRO..aM.:1O FORM"LANGUAGI Print Name \\CH2\VOL1\WORK\$ALL\VGK\EASEMTlfp]_~ ' s"", -:.1-1- cfV"" e I h.( ~+W""'f./2.~L 5 - ZI- 6 1..- FL lOA COMMISSION NO. DD109289 MY COMMISSION EXP. APR. 29.1Ol16 ." '~ ., $ - ~ 10S' X 9' FPL EASEMENT . It) tt) LENOX AVENUE 1..- . It) tt) >- LrJ ...J ...J -< o to LOT 12, BLOCK 47 OF "LINCOLN SUBDIVISION" AS RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY 150' Et LEGAL DESCRIPTION OF FPL EASEMENT COMMENCE AT THE SOUTHWEST CORNER OF' LOT 12, BLOCK 47, OF' UNCOLN SUBDIVISION AS RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBUC RECORDS Of' MIAMI-DADE COUNTY, PROCEED NORTH ALONG THE WEST PROPERTY LINE Of' LOT 12 f'OR A DISTANCE Of' 108 f'EET THEN PROCEED WEST F'OR A DISTANCE OF' 9 F'EEl, THEN PROCEED SOUTH 108 F'EET PARALLEL TO THE WEST PROPERTY LINE OF' LOT 12, THEN PROCEED EAST 9 F'EEl TO THE POINT OF' BEGINNING AND THE END OF' THE F'PL EASEMENT. ~ ~~6 EXHIBIT. "A" EASEMENT FOR FPl ELECTRICAL FACILITIES DRAWN BY: R. W. STEWARD DATE: 3-28-2002 SCALE: N.roS. c -< o a:: z ...J o U z :J Ux) 2. - ZV:!6!f IIIII1IIIIII . . - , ~ ' W6rk Order No. EASEMENT This Instrument Prepared by FN 2003R0460393 R Bk 21408 P9S 0883 - 884; (2P9S) RECORDED 07/08/2003 14=55=37 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVIN. CLERK OF COURT MIAMI-DADE COUNTY. FLORIDA , Sec.~_, Twp-14_ S, Rge~---.::...E P~rce1 LD. # (Maintained by County Appraiser Name: Raul Al!:uila . Eso. Co. Name: City of Miami Beach Address: 1700 Convention Ctr. Dr. Miami Beach. FL.. 33139 The undersigned, in consideration of the payment of $10.00 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, a non-exclusive easement forever for the construction, operation and maintenance of Q-y@rhead and underground electric utility facilities (including wire, 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-1..!L_ feet in width described as follows: Reserved for Circuit Court See attached Exhibit "A" Together with the right to permit any other person, firm or corporation to attaeh wires to any facilities here1:lBder and lay cabie and conduit within the easement and to operate the same only for grantee's communication purposes: 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 the easement area which might interfere with or fall upon the lines or systems of eommuni0ati0ns or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights herein above granted on the land heretofore described. This easement area will revert to the owner/s and all rights discontinued when its use is not required for intended property. IN WITNESS WHEREOF, the undersigned has signed and sealed thi ins ent on May 29 2002 B: Mayor's (PresiaeBt's signature) DAVID DERMER Print Name Print Address: 1700 Convention Ctr. Dr Miami Beach. FL.. 33139 A_t~( E~ City Clerk's (Sesretary's signature) Print Name: Robert Parcher Print Nam' -.J 0('; ~&y..((.) Me C. (Witness Print Address: 1700 Convention Ctr. Dr Miami Beach. FL.. 33139 (Corporate Seal) STATE OF J='{ Ort' da.. _ AND COUNTY OF ~~ - ') a de ~. The foregoing instrument was ackllowledged 5 *'> -. '" . I ~I before me this day of .j ()~ , 20 () 2- , by yet \.11 Of .ve...r me-r , and r20bp rT pOfrCj..p r , respectively ~e Mayor and City Clerk of the City of Miami Beach, a Florida corporation/municipality, on behalf of said municipality eOlparation, who are personally known to me or have produced ,J{ II- as identification, and who did (did not) take an oath. My Commission Expires: A APPROVEDAS.TO Notary Public, Si ~atur~!c:IJ\[. FORM. LANGUAGE Print Name . I rJ ~ \\CH2\VO Ll\WORK\SALL\VGK\EASEMT\fpl.easmtAn~'1I'\&I . """ COMMISSION NO. DD109289 , . . - 5"-:. 2--f - u"""- MY COMMISSION EXP. APR. 29.2006 ))0 rUT {ot, - eo ; k.. ~.....,.~,7~.<1A;<OL 5 - ZI - 6 '2..-- . , "'- I OR BK 21408 PG 0884 LAST PAGE " $ - ~ LENOX AVENUE . LO ~ 1. - . LO t() r: >- LU -l -l -<( o co LOT 12, BLOCK 47 OF "LINCOLN SUBDIVISION" AS RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY 150' ft LEGAL DESCRIPTION Of' FPL EASEMENT COMMENCE AT THE SOUTHWEST CORNER Of' LOT 12, BLOCK 4.7, OF' LINCOLN SUBDIVISION AS RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS Of' MIAMI-DADE COUNTY, PROCEED NORTH ALONG THE WEST PROPERTY LINE OF LOT 12 FOR A DISTANCE OF 108 FEET THEN PROCEED WEST f'OR A DISTANCE OF' 9 F'EET, THEN PROCEED SOUTH 108 FEET PARALLEL TO THE WEST PROPERTY UNE OF LOT 12, THEN PROCEED EAST 9 F'EEl TO THE POINT OF BEGINNING AND THE END OF THE FPL EASEMENT. ~ ~~6 EXHIBIT . "A" EASEMENT FOR FPL ELECTRICAL FACILITIES DRAWN BY: R. W. STEWARD DAtI: 3-211-2002 SCALE: 1c.T.s. a -<( o e::: z -l o U z :J CITY OF MIAMI BEACH lO PUBLIC WORKS DEPARTMENT 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 TELEPHONE: (305) 673.7080 FAX: (305) 673.7028 LETTER OF TRANSMITTAL TO: Bob Stewad Florida Power & L1aht. 9250 West Flaaler st. Miami. FL 33174 Teleohone: (3051 377 6012 DATE: October 24, 2003 RE: Colony Theater F.P.&L. Easement SENT VIA: Hand Delivered SENDING: _ Under Separate Cover _ Blue Prints/Xerox Copies -L Herewith _ Copy of Letter _ Change Order _ Meeting Notes -L Other Orlainal Recorded Easement Document DESCRIPTION: One original document of the F.P.& L. Easement at the City's Colony Theater property located at 1040 Lincoln Road, recorded In Mlaml- Dade County Public Records, Book 21408 Pages 0883-0884 on 07/08/2003, as granted by City Resolution No. 2002-24868.. NOTE COMMENTS: FOR PREVIEW: NO EXCEPTIONS TAKEN: FOR YOUR USE: X OTHER: FOR YOUR REQUEST FOR DISTRIBUTION: REMARKS: RECEIVED BY: tPJJ~ DATE: 10 ~2 ?-J_tDrJ3; SENT BY: Garv Kokorian- COPIES THIS LETTER TO: Kent Bonde- RDA: Robert Parcher- City Clerk: File COPIES WITH ENCLOSURES TO: F:IWORK\$ALL ITransmittal drawings & documentslF.P .LIColonyTheaterEasmt.doc