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Resolution 2018-30545 RESOLUTION NO. 2018-30545 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A UTILITY EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT (FPL), ON CITY PROPERTY WITHIN THE BOTANICAL GARDEN EXPANSION SITE, ALONG THE NORTHEAST CORNER OF CONVENTION CENTER DRIVE, ON LOT 2, BLOCK 7A, AS RECORDED IN PLAT BOOK 6, PAGE 26, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FOR THE INSTALLATION AND MAINTENANCE OF CONDUITS, SWITCH CABINETS, AND TRANSFORMERS THAT WOULD PROVIDE UNDERGROUND ELECTRICAL SERVICES TO THE BOTANICAL GARDEN AND FOR STRUCTURES ALONG ADJACENT STREETS; AND WHICH DRAFT EASEMENT IS ATTACHED AS EXHIBIT A HERETO. WHEREAS, on January 17, 2017, the City entered into a Design/Build Agreement with Ric-Man Construction, Inc. (Ric-Man) to develop, design and construct the Stormwater Pump Station at 19`" Street between Convention Center Drive and Meridian Avenue; and WHEREAS, as part of the scope of the project, Ric-Man will replace the existing seawall along the south perimeter of the Collins Canal, abutting the Miami Beach Botanical Garden (Botanical Garden) and the Holocaust memorial properties; and WHEREAS, on September 13, 2017, the Mayor and City Commission adopted Resolution No. 2017-30010, approving and authorizing the extension of the Botanical Garden to the Collins Canal; and WHEREAS, as part of the expansion project shall require, removal of existing utilities along the area designated for the extension of the Botanical Garden; and WHEREAS, thereafter, Florida Power and Light (FPL) currently has four (4) old wooden poles, with transformers and overhead and underground lines that feed the nearby neighborhoods as well as the Botanical Garden; and WHEREAS, the removal of these poles and the replacement of overhead lines, pole mounted transformers and wiring shall be necessary to the expansion project; and WHEREAS, on March 7, 2018, the Mayor and the City Commission adopted Resolution No. 2018-30220, approving Amendment No. 2 to the Design-Build Agreement with Ric-Man, for the Design and Construction of the extension of the Botanical Garden, to expand the limits of the Botanical Garden north, up to the new sea wall on the Collins Canal, to include new landscape, irrigation, walkways, gates, railings, benches, planters and improved lighting; and WHEREAS, on July 25, 2018, the City Commission adopted Resolution No. 2018- 30415, approving utility services from FPL for the removal of the old wooden poles, the installation of two, new self-supported concrete poles, away from the area designated for the seawall construction extension of the Botanical Garden, pad-mounted transformers, associated risers, feeders, cables and dud banks; and WHEREAS, thereafter, FPL requested an easement in order to have permanent perpetual access to maintain the pad mounted transformer; and WHEREAS, the proposed utility easement for FPL, which shall be located on Lot 2 of Block 7A, as recorded in Plat Book 6, Page 26 of the public records of Miami Dade County, will satisfy the needs of FPL to maintain their equipment and will facilitate the completion of the Botanical Garden expansion and ensure proper utility services will be provided to the Botanical Garden and the nearby streets. 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 authorize the Mayor and the City Clerk to execute a utility easement in favor of Florida Power & Light (FPL), on city property within the Botanical Garden expansion site in the northeast corner of Convention Center Drive, on Lot 2, Block 7A, as recorded in Plat Book 6, page 26, of the public records of Miami-Dade County, for the installation and maintenance of conduits, switch cabinets, and transformers that would provide underground electrical services to the Botanical Garden and for structures along the adjacent streets. The prposed easement is attached as exhibit A hereto. PASSED and ADOPTED this 17th day of October, 2018. ATTEST: Dan Gelber, Mayor la /30)1Y Rafa E. Granado, City Clerk APPROVED AS TO LANGUAGEFORM & /1\l\I... 8 e &OR EXECUTIION City Attorney VA(' cl% Date INCORPORATED; P. '3 4 9�CN 26 ��� Work Request No. UNDERGROUND EASEMENT Sec.34, Twp 52 S, Rge 42 E (BUSINESS) Instrument PreparedBy Parcel I.D.02-3227-000-0090 Name: Martin P.Ross'PSM (Maintained by County Appraiser) Co.Name: Miller Legg 8 Associates Inc. Address: 5747 N.Andrews Way Fort Lauderdale FL 33309 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power&Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above-ground 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: Reeermemrcram cowl See attached Legal Description and Sketch Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the 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, undergrowth and other obstructions within the Easement Area; the right 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 lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. her"WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 0 CIO ber 3o , 2018 Signed, sealedseand delivered in the presence of: City of Miami Be /dl t,v3ap9 p(� Mess Signature) By 7 Print Name: RAPnfil F . Ci g nr+••.no 11__r (witness) Print Name: D 4h Cff1ICC11�C _ Print Address: 17o0 Cohv1 who Cff4e( , gbr mosso�ignaurs MIQAli ReachPt- n) 3/ Print Name: S UGT r&a y (Witness) l STATE OF POn'C A AND COUNTY OF M;Gnu.-Nd c . The foregoing instrument was acknowledged before me this 30 day ofbt r , 2018 by Dom 6-e l ber , the MAynrof Micfwti KatcLl a !So✓1 , who is Personally known to me or has produced as identification, and who did (did not) take an oath. (Type of Identification) //�/J My Commission Expires: ' "a LILIACARDILLO No ary Public,Sig/nature ,/ ci Ai•1 MYCOMMISSION k GG 230433 Print Name U�A ��r'" i/o .........p: WIRES:August 2;2022 5•• ... BordedlNu NotayAubMIhderuMn '�L�Bff..''``- - - APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION IV ((�� -11- Ip Dote City Attorney /^ LEGAL DESCRIPTION : SHEET 1 OF 1 A PORTION OF THE SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 2, BLOCK 7A OF AMENDED PLAT OF GOLF COURSE SUBDIVISION OF THE ALTON BEACH REALTY COMPANY ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6. PAGE 26 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF COLLINS CANAL, NORTH 58'37'23" EAST 326.33 FEET; THENCE SOUTH 02'00'32" EAST 6.72 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02'00'32" EAST 11.18 FEET; THENCE SOUTH 61'28'25' WEST 17.08 FEET; THENCE SOUTH 28'30'27" EAST 15.61 FEET; THENCE SOUTH 6128'25" WEST 17.01 FEET; THENCE NORTH 28'30'2D WEST 25.61 FEET; THENCE NORTH 61'28'25" EAST 39.07 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE. LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAML_DADE COUNTY, FLORIDA AND CONTAINING 631 SQUARE FEET (0,014 ACRES) MORE OR LESS. ABBREVIATIONS: C'IV EASEMENT R/W = RIGHT OF WAY LOCATION O GR. =t a SOMME DETCOUNTY RECORDS P.B. - PUT BOOK / a' `� D EORBa DRAINAGE EASEMENT CIAL RECORD BO 2f ' .�1�l " U.E - UTILITY EASEMENT Up ,{,,.� h P.O.C. = POINT OFC MENCEMENT sir >G ir•'I • O _ �� P.O.B. = POINT OFNE BEGINNING Y PG. a PAGE / PSP\- y \C4E / \>>\-SV G1Df �P A_ 5 �r GO ••,,,. � 2 6.72' 32"E „.,.. m - 6R A • 6.72' • L 3 50200'32'E iiiItai 'IS g'S�'L3t /// T 11.18' ‘.02' .00 0 14 z > K. it �gIiIIIi I //�161.5g 01' � O D_ 111111111111111 ( i O 1111111 ID CC M Wei. �a-'• OU W LOCATION MAPH 1 / �� / 6 U NR R mu 1 COORDINATE GEOMETRY P.D.C. 7-"5 11' NE CORNER 11warms EPS11110 LOT 2 BLOCK 7A D. 10 20 C V AMENDED PLAT 0 1 53247163 940445.77 N d I OF GOLF COURSE IRONIC SCALE 2 53264154 940714.38 Y • SUBDIVISION OF THE I INCH - 20 FEET CT RD ALTON BEACH 3 532634.82 940724.61 O N REALTY COMPANY SURVEYOR'S NOTES -I P.B. 6, PG. 26, D.C.R. 1. SUBJECT PROPERTY WAS NOT ABSTRACTED BY THIS FIRM FOR 4 532623.65 940725.00 m dEASEMENTS. RIGHTS-OF-WAY. RESERVATIONS OR OTHER MATTERS OF RECORD. 5 532515.40 940710.00 N d 30.00 2. BEARINGS SHOWN HEREON ARE BASED ON BEARING OF I- ° BRIDLE PATH N58'3Y23-E ALONG THE SOUTHERLY MGHT-CF-WAY UNE OF THE 6 532601.76 940717.45 O COLONS CANAL _i m (PJB. 6. PG. 26, D.C.R.) 3. THE STATE PLANE COORDINATES SHOWN HEREON ARE BASED 7 65 940702.51 51 014 THE NORM AMERICAN DARN OF 1983, PATH THE 1990 d ADJUSTMENT. THIS SKETCH DOES NOT B 532515.15 940690.29 SKETCH & DESCRIPTION REPRESENT A BOUNDARY SURVEY CERTIFIED Ta `. - „gm HEREBY CERTIFY MAT THIS MOM MEETS STANDARDS OF PRACTICE AS SET FORTH BY ME ON FLORIDA MMER SERI as FROFES9OlAL MD CITY OF MIAMI BEACH C SURVEYORS AND MAPPERS R CHAPTER 5A-17, FLORIDA DMINIS1RATIVE CODE PURSUANT TO I SEC1O1 472027. FLORIDA STATUTES ' DATED 'MS 19E DAY OF SEPTEMBER 2018 AD. '7(a,tr~'p `Ra. YMiPI P. ROSS 10/a/IB REVISED PER OTT COMMENTS LP MR MI LLER���EGG I gNY� ME MAPPER 50TPROFESSIONAL TE OF T1 A PR K1q�YNPQ Sort Fbrb:. :5741 N.AMws Way l RERiRCA1F Li M11NM}ADGa UNIIO Loy REVISIONS o,„ La Ft.Iaudon:619 Florida'33309--2364 954136 No 954-358584 ": "": :•o. jDRAWN BY: LP CHECKED BY: MR wmanWerlomom 18-DB005 SH-1 W I/g0[CRMIaMA-4!948 mut of A01 IIT sr SIORIAVATtb mo.STAMN\6URKA16- F'C_ms9010/A/M by MOSS Resolutions - C7 AB MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 17, 2018 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AUTILITY EASEMENT FOR FLORIDA POWER & LIGHT (FPL), AT THE BOTANICAL GARDEN EXPANSION SITE IN THE NORTHEAST CORNER OF CONVENTION CENTER DRIVE, LOT 2, BLOCK 7A, AS RECORDED IN PLAT BOOK 6, PAGE 26, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; FOR THE INSTALLATION AND MAINTENANCE OF CONDUITS, SWITCH CABINETS, AND TRANSFORMERS IN ORDER TO PROVIDE UNDERGROUND ELECTRICAL SERVICES TO THE ADJACENT STREETS. RECOMMENDATION The Administration recommends adopting the Resolution. ANALYSIS On January 17, 2017, the City entered into a Design/Build Agreement with Ric-Man Construction, Inc. (Ric-Man) to develop, design and construct the Storrrmater Pump Station on 19th Street between Convention Center Drive and Meridian Avenue. As part of the scope of the project, Ric-Man will replace the existing seawall along the south perimeter of the Collins Canal, abutting the Miami Beach Botanical Garden (Botanical Garden) and the Holocaust memorial properties. On September 13, 2017, the Mayor and City Commission adopted Resolution No. 2017-30010 approving and authorizing the extension of the Botanical Garden to the Collins Canal. As part of the Resolution, the removal of existing utilities is required along the area designated for the extension of the Botanical Garden. Florida Power and Light (FPL) currently has four (4) old wooden poles, with transformers and overhead and underground lines that feed the nearby neighborhoods as well as the Botanical Garden. As such, the removal of these poles and the replacement of overhead lines, pole mounted transformers and wiring will be necessary. On March 7, 2018, the Mayor and the City Commission adopted Resolution No. 2018-30220, approving Amendment No. 2 to the Design-Build Agreement with Ric-Man, for the Design and Construction of the extension of the Botanical Garden, to expand the limits of the Botanical Garden north, up to the new sea wall on the Collins Canal, to include new landscape, irrigation, walkways, gates, railings, benches, planters and improved lighting. On July 25, 2018, the City Commission adopted Resolution No. 2018-30415, approving utility services from FPL for the removal of the old wooden poles, the installation of two, new self-supported concrete poles, away from the area designated for the seawall construction extension of the Botanical Page 512 of 1637 Garden, pad-mounted transformers, associated risers, feeders, cables and duct banks. FPL requested an easement (Attachment A) in order to have access to maintain the pad mounted transformers. This utility easement for FPL at Lot 2 of Block 7A in Plat Book 6, Page 26 (Attachment B), will satisfy the needs of FPL to maintain their equipment and will facilitate the construction of the Botanical Garden expansion and ensure proper utility services will be provided to the Botanical Garden and the nearby streets. CONCLUSION The Administration recommends approval of the resolution. Legislative Tracking Capital Improvement Projects ATTACHMENTS: Description ❑ Resolution ❑ Attachment A Easement Document n Attachment B Easement Location Page 513 of 1637 omit 1 III it r'11 1 I i a 4a r ai4 ils . s � w �� •' b A .58i C. f 11 `i v - 1 y Fg s 1 3V iy F KI . /._, III ` Y I 1 s _ 11 P A 1I i Lu z i" ''' 14 i /� pa. ;\ ( Iuill. 451 , \ Eli d % . . '- A. 3 H52 g ai ..;� € '' �rwl l $iugg, i i d § F cccdddAAA F' ;„F g s i �h j I WA . F ; .U4 " g $ d� Li. N Fi 6 8 � II m i 3 f lal NI ' Y3 SII_.1 t IR .gin... L ? ,..