2002-24973 Reso
RESOLUTION NO.
2002-24973
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND
CITY CLERK TO GRANT THE ATTACHED EASEMENT TO FLORIDA
POWER & LIGHT COMPANY (FP&L) FOR THE PROVISION OF
UNDERGROUND DISTRIBlITION FACILITIES AND A TRANSFORMER
VAULT AT THE LINCOLN, LOCATED AT 1685 MICmGAN AVENUE,
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AND RECORD THE EASEMENT FOR THE REQUIRED
UNDERGROUND FACILITIES AND TRANSFORMER VAULT.
WHEREAS, on January 5, 1998, the City of Miami Beach issued RFP No. 20-97/98, seeking
proposals for the development of public-private parking facilities, and on April 6, 1998, proposals from five
(5) different development teams were submitted and evaluated by an Evaluation Committee; and
WHEREAS, on July 15, 1998, following recommendations by the Evaluation Committee, the City
Commission adopted Resolution No.98-22857, authorizing the Administration to negotiate with Lincoln
Plaza Partnership LLC, with regard to the site located between 17th Street and Lincoln Lane, and Jefferson
and Michigan Avenues (the Property); and
WHEREAS, on July 7, 1999, the City adopted Resolution No. 99-23236, approving a Development
Agreement with Lincoln Plaza Partnership LLC for the development of the Property; and
WHEREAS, the City, as ground-lessor, retains ownership of the land upon which the Property is
to be developed; and
WHEREAS, construction of the Property known, as The Lincoln, and located at 1685 Michigan
Avenue, is nearing completion and electrical service is required for testing and other construction needs;
and
WHEREAS, in order for Florida Power & Light to provide power to the project, the City must grant
the attached Easement for underground utilities and the transformer vault.
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 Easement to Florida Power & Light Company (FP&L) for the
provision of underground distribution facilities and a transformer vault at The Lincoln, located at 1685
Michigan Avenue, and authorize the Mayor and City Clerk to execute the Easement for the required
underground facilities and transformer vault.
PASSED and ADOPTED this 11th day of S
ATTEST:
~rf~
CITY CLERK
YOR
FORM & LANGUAGE
& FOREXEClmON
F:\ WORK.\$ALLWGK\EASEMT\LINCOLN-RESO.doc
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Bilzin Sumberg Dunn Baena Price & Axelrod LLP
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
2500 FIRST UNION FINANCIAL CENTER
200 SOUTH BISCAYNE BOULEVARD. MIAMI, FLORIDA 33131-2336
TELEPHONE: (305) 374-7580 . FAX: (305) 374-7593
WWW.BILZIN.COM
Frank Guerra, Esq.
Direct Dial: (305)350-2385
Direct Facsimile: (305) 351-2223
E-mail: fguerra@bilzin.com
August 14, 2002
Delivered Via Facsimile
and RelluJar U.S. Mail
Joel N. Minsker, Esq.
Bloom & Minsker, P.L.
1110 Brickell Av, 7th Floor
MiamiFL 33131-3107
Re.: Agreement of Lease between City of Miami Beach, Florida
and LNR Jefferson, LLC dated September 1, 1999, recorded in
O.R. Book 18770, Page 447 ("Lease") - Request/or Grant of FP&L Easement
Dear Joel:
As we discussed, our firm represents LNR Jefferson, LLC, the Owner, in this matter. As we
discussed and as required by the Ground Lease, the Owner will pay the reasonable attorney's fees
associated with the request and execution of the FP&L Easement. Further, as also required by the Ground
Lease, the Owner will indemnify the City of Miami Beach against all costs and liabilities associated with
the granting of the FP&L Easement.
Enclosed for your review is the legal description and sketch prepared by Ford, Armenteros &
Manucy, Inc. for the FP&L Easement.
Please feel free to call me with any questions or comments you may have. This is a very time
sensitive matter and we would appreciate the City of Miami Beach's cooperation.
/vh
c:
L.A. Glickman (via facsimile w/o attachments)
James Mann (via facsimile w/o attachments)
roP@IH\l7~~
lJl1 AUG 16m lE.J
\73102\14444\ # 583772 vi
8/14/024:20 PM
BLOOM & MINSKER
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A resolution authorizing the Mayor and City Clerk to execute a grant of easement to Florida Power & Light
(F.P.&L) at the 1685 Michigan Avenue development.
Issue:
Shall the City grant an easement to FP&L at the 1685 Michigan Avenue property, which the City owns and
has leased to the Lincoln Plaza Partners LLC for development?
Item Summary/Recommendation:
The property at 1685 Michigan Avenue has been leased by Resolution No. 99-23236 to the Lincoln Plaza
Partners LLC for development. To support the development FP&L has installed in the property, power
transmission lines and a transformer vault. FP&L requires an easement to ensure long-term access to
their improvements. 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:
F:\WORK\$ALL\VGK\COMMEMO\CS-1685Michigan-easmt.doc
AGENDA ITEM C 7 P
DATE q-//-r):>-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
JorgeM.Gonzalez \..~
City Manager cJ II"" -- 0
Date: September 11 , 2002
To:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY
CLERK TO GRANT THE ATTACHED EASEMENT TO FLORIDA POWER
& LIGHT COMPANY (FP&L) FOR THE PROVISION OF UNDERGROUND
DISTRIBUTION FACILITIES AND A TRANSFORMER VAULT AT THE
LINCOLN, LOCATED AT 1685 MICHIGAN AVENUE, AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AND RECORD THE
EASEMENT FOR THE REQUIRED UNDERGROUND FACILITIES AND
TRANSFORMER VAULT.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
On January 5,1998, the City of Miami Beach issued RFP 20-97/98, seeking proposals for
the development of Public-Private Parking facilities. On April 6, 1998, proposals from five
(5) different development teams were submitted and evaluated by an Evaluation
Committee and on July 15, 1998, the City Commission authorized negotiations with a joint
venture composed of entities owned by Scott Robins and R. Donahue Peebles (known as
Lincoln Plaza Partnership LLC), with regard to the site located between 17th Street and
Lincoln Lane and Jefferson and Michigan Avenues.
As a result of said negotiation, on July 7, 1999, the Mayor and City Commission adopted
Resolution No. 99-23236 approving the Agreement of Lease and the Development
Agreement between the City of Miami Beach and Lincoln Plaza Partnership LLC, for
development of the site located between 17th Street and Lincoln Lane and Jefferson and
Michigan Avenues.
On October 19, 1999, plans for a seven (7) story office and public parking structure, with
ground level retail were submitted to Design Review/Historic Preservation Board, and a
final order for a Certificate of Appropriateness was obtained. On November 2000 an
extension was obtained, and in June 2001 final plans were submitted, a building permit
obtained and construction commenced. To support the development FP&L installed
transmission power lines and a transformer vault on the property along the south side.
The building is in its final stages of completion now and, in order to energize the building,
FP& L requires an easement for the area occupied by their power transmission lines and
transformer vault.
ANALYSIS:
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 vault area, in that portion of Lots
7 and 20, Block 37 of Palm View Subdivision of the Alton Beach Realty Company, 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 property owner
in case of removal of such electrical services.
Public Works Department will review and maintain records of the underground utilities
within this easement area to avoid any conflicts.
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
vault, and the execution and recording of said easement by the Mayor and City Clerk to
allow energizing the Lincoln Building at 1685 Michigan Avenue.
F:\WORK\$ALL\VGK\EASEMT\THELI NCOLN .doc
'lif'I'.lEc...
Work Order No.
!0941PG 1144
EASEMENT
This Instrument Prepared by
03R(!)29264 2003 JAM 13 15= 17
V.' f"
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Sec.~-, Twp S4 S, Rge ~ E
Name: Raul Asruila Esa.
Co. Name: City of Miami Beach
Address: 1700 Convention Ctr. Dr.
Miami Beach FL. 33139
DOCSTPQEE
HARVHIRUVIH,
0.60 SURTX 0.45
CLERK DADE COUNTY, FL
Parcel 1.0. # 02-3234-004-0700
(Maintained by County Appraiser
Reserved for circuit Court
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, an
easement forever for the construction, operation and maintenance of eyerhead aad underground electric utility facilities (including
wire, peles, 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
easementJlL_ feet in width described as follows:
See attached sketch and Legal Description for 1685 Michigan Avenue
Together with the right to pemrit any other person, firm or corporation to lHtaeh ....ireste asy faeilities herelmder asd lay cable and
conduit within the easement aRd te eJlerate the same far eeH!ffillllieaaaB JllHlleses: 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 trinuned 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 seBlHulaieaaeBs er power transmission or distribution; and further grants, to the
fullest extent the undersigned has the power to grant, if at all, the rights herein abo granted on the land heretofo~e described.
By:
Attest:
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrum
Print Address:
Print Name
\"'J
STATE OF 1=1 0 ri fA.... AND COUNTY OF Hi Q#-{; - D Q d L . The foregoing instrument was acknowledged
before me this day of $Ppfer/'\ttf, 20 02- , by l>all; cI he. rl--tU-- , and
K r A respectively the Mayor and City Clerk of the City of Miami Beach,
a Florida corporation/municipality, on behalf of said municipality eeFflaratiElB, who are personally known to me or have
produced as identification, and who did ~d not) take an oath.. ~
My Commission Expires: ~
Notary Public, Si~jt ~ h
Print Name I. 'A-^-} -eA-lJ~ c,nttl)
,
APPRovED, ../\) i b
FORM & LAN~ \J. Ar. E.
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ULLIAN BEAUc:HAMP
NOTARY PUBUC STATE OF FLORIDA
COMMISSION NO. DDt092ll9
MY COMMISSION EXP. APR. 29,2006
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LOCATION MAP:
NOT TO SCALE
SURVEYOR'S NOTES:
1) -This Is not a Boundary Survey, but only a GRAPHIC DEPICTION of the description shown hereon.
2)-North arrow direction and Bearings shown hereon are based on an assumed value of:
NOOdegOOmlnOOsecE along the East line of Black 37 of Plat Book 6, at Page 29,
af the Public Records of Miami-Dade County, Florida.
3) -Not valid without the signature and the original raised seal of a Flarida Licensed Surveyor
and Mapper. Additions or deletions to survey maps or reports by other than the signing
party or parties is prohibited with aut written consent of the signing party or parties.
4) -There may be additlanal Restrictions not shown on this Sketch & Legal that may be found
in the Public Records of this County, Examination of ABSlRACT OF TIllE will be made to
determine recorded instruments, if any affecting this property.
5) -The Sketch ond Legal Description shown herein Is based on the
information provided by the Cllenl
6) -No title research has been performed to determine if there are any conflict existing or arising out
of thecreatlon o( the eosements, Right of Ways, Parcel Descriptions, or any other t)pe of
encumbrance. that the herein described legal may be utilizes for.
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SURVEYOR'S CERTIFICATE:
I Hereby Certify to the best of my knowledge and belief that this drowing Is a true
and correct represen totian of the SKETCH AND LEGAL DESCRIPTION of the real property
described hereon..1 further certify that this sketch was prepared In accordance with
the applicable provisions of Chopter 61G17-6. Florida Administrative Code.
Ford. Armenteros &: Manucy. Inc.
Date: JULY 25, 2002
Revision:
Revision:
Revision:
A
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1685 MICHIGAN AVENUE
lW< If - SKETCH AND LEGAL DESCRIPTION
........ LOCATION MAP & NOTES
--"" COITS ROBINS COMPANIES
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-....... ""'" ASSHOWN
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#iORD, ARMENTEROS & MANUCY,INC.
1950 NW. 94lhAVENUE. 2nd FLOOR
.. MIAMI, FLORIDA 33172
PH. (305) 477-6472
FAX (305) 470-2805
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LEGAL DESCRIPTION:
A portion of lots 8, 7 and 20, block 37 of .PALM VIEW SUBDIVISION" according to the
plat thereof, as recorded in Plat Book 6, Page 29 of the Public Records of Miami-Dade
County, Florida, being more particularly described as follows:
Commence at the Southeast Corner of said lot 7; thence run North along the Easterly
line of said lot 7 for a distance of 27.88 feet, thence West for 5.82 feet to POINT OF
BEGINNING of the 10.00 foot wide Florida Power &: Light Easement, lying 5.00 feet on
each side of the following described centerline (shortening or extending the side lines so
as to create a continuous strip of land); thence N89deg20mln53secW for a distance of
22.67 feet; thence S57deg26mln24secW far a distance of 28.74 feet; thence
N89deg2Dmin53secW for a distance of 50.67 feet to Reference Point A, also being the
Point of Termination of the aftermentioned centerline.
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And:
Commence at the Reference Point A; thence N89deg20min53secW for a distance of
24.67 feet to the Point of Beginning of the 10.00 foot wide Florida Power &: Light
Easement, lying 5.00 feet on each side of the following described centerline (shortening
or extending the side lines so as to create 0 continuous strip of land); thence continue
N89deg20min53secW far a distance of 123.22 feet; thence N87deg51min37secW for a
distance of 36.23 feet; thence S88deg01min41secW for a distance of 12.84 feet to a
point on the Eosterly Right-of-Way line of Michigan Avenue, also being the Point of
Termination of the aftermentioned centerline. The side lines of said Easement to be
shortened or prolonged to meet at angle points wIth the Easterly Right-of-Way line of
Michigan Avenue.
......
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And: (VAULT ROOM)
That portion of said lot 7, more particularly described as follows:
Begin at the Reference Point A; thence continue North for a distance of 15.42 feet;
thence West for a distance of 24.67 feet; thence South for a distance of 23.00 feet;
thence East for a distance of 24.67 feet; thence North for a distance of 7.58 feet to
the Point of Beginning.
Containing 3,305.53 s.f.
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""" PlOICT: SKETCH AND LEGAl DESCRIPTION
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1950 N.W. 94th AVENUE, 2nd FLOOR . PIIP_"" SCOrfS ROBINS COMPANIES'
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~ORD' ARMENTEROS & MANUCY, INC.
1950 N.W. 94th AVENUE, 2nd FLOOR
Ai. MIAMI, FLORIDA 33172
PH. (305) 477-6472
FAX (305) 470-2805
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~ORD' ARMENTEROS & MANUCY, INC.
1950 N.W. 94th AVENUE, 2nd FLOOR
.. MIAMI, FLORIDA 33172
PH. (305) 477-6472
FP0((305) 470-2805
1685 MICHIGAN AVENUE
""""""" SKETCH ANO LEGAL OESCRIPTION
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