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Resolution 2021-31633 RESOLUTION NO. 2021-31633 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A UTILITY EASEMENT AGREEMENT, IN FAVOR OF FLORIDA POWER & LIGHT COMPANY, IN THE FORM ATTACHED TO THIS RESOLUTION (EXHIBIT A), FOR THE NON- EXCLUSIVE USE OF A 10 FOOT WIDE EASEMENT ON CITY PROPERTY, HAVING APPROXIMATELY 100 SQUARE FEET, LYING IN A PORTION OF SECTION 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST, AND ALSO LYING IN UN-NUMBERED LOTS LYING WESTERLY OF, AND ADJACENT TO, BLOCK 16 OF THE "AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY", RECORDED IN PLAT BOOK 5, PAGE 8, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND WESTERLY OF AND ADJACENT TO. THE WESTERLY RIGHT OF WAY LINE FOR INDIAN CREEK DRIVE AND THE NORTHERLY RIGHT OF WAY LINE OF 31ST STREET , FOR THE INSTALLATION AND MAINTENANCE OF UNDERGROUND UTILITY FACILITIES INCLUDING, BUT NOT LIMITED TO, CABLES, CONDUITS, AND APPURTENANT EQUIPMENT. WHEREAS, on July 31, 2019, the Mayor and City Commission awarded the construction contract (ITB 2019-231-KB) for Indian Creek Phase III Improvements, from 25th to 41st street, approving Ric-Man Construction Florida, Inc., as the lowest responsive, responsible bidder to the ITB; and WHEREAS, a major project component is the construction of a pump station including, but not limited to, installation of pumps, generator, and control cabinets, all of which need to be serviced by FPL; and WHEREAS, in order for Florida Power and Light (FPL) to provide electrical service, FPL has to install a new FPL transformer concrete pad on City property; and WHEREAS, in order for FPL to install, operate and maintain their facilities, the City must convey to FPL a non-exclusive 10' wide utility easement; and WHEREAS, the proposed utility easement will have a total area of approximately 100 square feet, and will include the area from the manhole to the new pad mounted transformer (Easement Area); and WHEREAS, the Administration recommends executing the Easement Agreement in favor of FPL, in the form attached to this Resolution, as Exhibit "A", for the non-exclusive use of the Easement Area, as more particularly described in the sketch and legal description attached thereto as Exhibit "A", in order to provide electrical service to an Indian Creek pump station, located on Indian Creek Drive, between 31St and 32nd street. 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 hereby approve and authorize the Mayor and City Clerk to execute a utility Easement Agreement, in favor of Florida Power & Light Company, in the form attached to this Resolution (Exhibit A), for the non-exclusive use of a 10 foot wide easement on City property, having approximately 100 square feet, lying in a portion of Section 27, Township 53 South, Range 42 East, and also lying in un-numbered lots lying westerly of, and adjacent to, Block 16 of the "Amended Plat of the Ocean Front Property of the Miami Beach Improvement Company", recorded in Plat Book 5, Page 8, of the Public Records of Miami-Dade County, Florida, and westerly of and adjacent to. the westerly right of way line for Indian Creek Drive and the northerly right of way line of 31st Street, for the installation and maintenance of underground utility facilities including, but not limited to, cables, conduits, and appurtenant equipment. PASSED and ADOPTED this 17 day of //IArc �. , 2021. Dan Gelber, Mayor ATTEST: t iaY1- Rafaet4. Granado, C y Clerk �' ," .•�q '• 's IN(ORPIORATEDI %2}.. Aft :ham: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1 - 2-7 . 24 City Attorney Date Resolutions -C7 T MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, Interim City Manager DATE: March 17, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A UTILITY EASEMENT AGREEMENT IN FAVOR OF FLORIDA POWER & LIGHT COMPANY, IN THE FORM ATTACHED TO THIS RESOLUTION (EXHIBIT A), FOR THE NONEXCLUSIVE USE OF A 10 (TEN) FOOT WIDE EASEMENT ON CITY PROPERTY, HAVING APPROXIMATELY 100 SQUARE FEET, LYING IN A PORTION OF SECTION 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST, AND ALSO LYING IN UN-NUMBERED LOTS LYING WESTERLY OF, AND ADJACENT TO, BLOCK 16 OF THE "AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY", RECORDED IN PLAT BOOK 5, PAGE 8, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND WESTERLY OF AND ADJACENT TO THE WESTERLY RIGHT OF WAY LINE FOR INDIAN CREEK DRIVE AND THE NORTHERLY RIGHT OF WAY LINE OF 31ST STREET, FOR THE INSTALLATION AND MAINTENANCE OF UNDERGROUND UTILITY FACILITIES INCLUDING, BUT NOT LIMITED TO, CABLES, CONDUITS, AND APPURTENANT EQUIPMENT. RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUND/HISTORY On July 31, 2019, the Mayor and City Commission awarded a construction contract (ITB 2019- 231-KB)for Indian Creek Phase III Improvements, from 25th to 41st Street, approving Ric-Man Construction Florida, Inc., as the lowest responsive, responsible bidder to the ITB. A major project component is the construction of a pump station including, but not limited to, installation of pumps, generator, and control cabinets, all of which need to be serviced by Florida Power and Light (FPL). In order for FPL to provide electrical service, FPL has to install a new transformer concrete pad on City property. In order for FPL to install, operate and maintain their facilities, the City must convey to FPL a non-exclusive 10 (ten)foot wide utility easement. The proposed utility easement will have a total Page 447 of 2284 area of approximately 100 square feet, and will include the area from the manhole to the new pad mounted transformer(Easement Area). The Administration recommends executing the Easement Agreement in favor of FPL, in the form attached to this Resolution, as Exhibit "A", for the non-exclusive use of the Easement Area, as more particularly described in the sketch and legal description attached thereto as Exhibit "A", in order to provide electrical service to an Indian Creek pump station, located on Indian Creek Drive, between 31st and 32nd Streets. SUPPORTING SURVEY DATA Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City show that 47% of residents rated City efforts to plan for growth as very satisfied/satisfied. In order to continue maintaining excellent standards in this area, the City intends to execute the Indian Creek utility easement. Applicable Area South Beach Is this a "Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Environment & Infrastructure - Make existing and new government buildings, assets and fleet efficient, sustainable and resilient. Legislative Tracking Public Works ATTACHMENTS: Description Indian Creek FPL Easement Resolution Sketch and Legal Page 448 of 2284 Wo rk R e q ue st N o . S e c._27, T wp 53 S, R g e 42 E 02-3226-001-1350 P ar c el 1.D.92-3226-001-1340 (Maintained by County Appraiser) EASEMENT (BUSINESS) This Instrument Prepared By Name: Brian T. Bellino, P.S.M. Co. Name: City of Miami Beach Address: 1700 Convention Center Dr. Miami Beach, Florida 33139 T h e u n d e rsig n e d , in con sid e ratio n of the pa ym e nt of $1.0 0 an d othe r go o d an d va lu a b le co n sid e ratio n , the ad e q ua cy and rece ipt of wh ich is h e re by ackn o w le dg e d , gra nt an d give to F lo rid a Po w e r & Li g ht C o m p a n y, its affi lia te s, lice n se e s, age nts, su cce sso rs. an d assign s (F P L"), a no n- exclu sive ea se m e n t fo reve r for th e co n str uctio n , o p e ratio n a nd m a in ten a nce of o ve rhe a d a n d un d e rgro u n d e le ct ric utility fa cilitie s (in clu d in g w ire s, po le s, gu ys, ca b le s. co nd u its an d a p p u rt e n a nt eq u ip m e n t) to be in sta lle d fro m tim e to tim e : wi th the rig h t to re co n stru ct, im p rove , ad d to , en la rg e , change the vo lta g e as w e ll as the size of, an d re m o ve such faci litie s o r a ny of th e m w ith in an ea se m e n t de scrib e d as fo llo ws : S e e Exh ib it "A " ("E a se m e nt A re a ") T o g e th e r w ith the rig ht to pe rm it F P L to att ach w ire s to any fa cilitie s here u n d e r and la y ca b le an d cond uit wi thin the Ease m ent Ar e a an d to op e rate the sam e fo r F P L's com m un ic ation s purpo ses in co nn e ct ion wi th el e ctri c ser vic e; the righ t of in gre ss and eg re ss to the Ea se m e nt A re a at all tim e s; the rig h t to cle a r th e la n d a n d ke e p it cle a re d of all tr ees, unde rgrowt h and other o b stru ct io ns wi thin the Ea se m e n t A re a ; th e righ t to trim an d cut a nd ke e p trim m e d an d cut all de ad , w eak, le an in g or da n g e ro u s tre e s or lim bs o utsid e of th e E ase m e nt A re a , w hich m ig h t inte rfere w ith o r fa ll up on th e line s or syste m s of co m m u n icatio n s or pow er transm issio n or distr ib utio n ; and furt he r gra n ts, to th e fu llest e xt e nt th e undersig ned has the pow er to g ra nt, if at a ll, the rig hts her ei n a b o ve gran t ed o n the E a se m e n t A rea he retofore de scrib e d , over, along , under and across the ro a ds, stre e ts or hi a s ad jo ining o r th ro u g h sa id Ea se m ent A re a . fil ft n • I\ \ SSWEREOE, th e u? je rsi gn e d has sign e d an d se al e d this instrum en t on -t/_\} , 2 02e: I aie? d ~ i------------ By: _ (Vess' Signature] Print Name: Dan Gelber, Mayor Print Address: 1700 Convention Center Drive 4th Floor Miami Beach, Florida 33139 Print Name: _ (Witness) T h e fo reg o in g in stru m e nt w as ackno w le dg e d b~e m e , by m e an s of ( ) physical presenr or ( ) online notarization. IM tnes s my signat ure and mfi dal seal tn;s~ day of Cl{VuJ2 '[,¿;í1 , ;n the Co and 4 / BO } 2- '1 sat e at or e sai d. ff[c C. ·'co (Type of Identification) My Commission Exp ire s. MARIA C 0tar Public - n # HH 045 ,4.MN25.i,,,,,5ires Sep 21, onded through National Notary Pi EXHIBIT S K E T C H T O A C C O M P A N Y LE G A L D E S C R IP TIO N (THIS DOCUMENT CONTAINS 3 SHEET S AND SHALL NOT BE CONSIDERO FULL AND COMPLETE WITHOUT THE LEGAL DESCRIPTION SHEET 1, SKETCH SHEET 2, NOTE S AND LEGEND SHEET 3) LOCATION SKETCH vO T TO SC AL E LEGAL DESCRIPTION: Being an Easement lying in o portion Section 27, Township 53 South, Range 42 East and also lying in un-numbered lots lying westerly of and adjacent to State Road A1A/AKA Indian Cr eeek Drive and also being westerly of and adjacent to Block 16 "Amended Plat of the Ocean Front Property of the Miami Beach Improvement Company according to the Plat thereof as recorded in Plat 5, Pages 8, of the Public Record of Miami-Dade County, Florido, being more particularly described os follows: COMMENCE at the Point of Intersection of the Westerly right of way line of State Road A1A/AKA Indian Creek Drive with the Northerly right of way line of 31st Street/AKA 7th Street (Plat) said point olso being the westerly exention of the Southerly line of said Block 16; Thence N46'35'16"E along the Westerly right of State Road A1A, AKA Indian Creeek Drive, a distance of 98.35 feet to the POINT OF BEGINNING; Thence N43"24'44"w departing said westerly right of way line a distance of 10.00 feet; Thence N4635'16"E parallell with the said Westerly right of way line of State Road A1A/AKA Indian Creek Drive, a distance of 10.00 feet; Thence S4324'44"E to the intersection with the said Westerly right of way line of State Road A1A/AKA Indian Creeek Drive, o distance of 10.00 feet; N46'35'16"E, along the said Westerly right of State Road A1A/AKA Indian Creeek Drive, a distance of 10.00 feet to the POINT OF BEGINNING. Containing 100 Square Feet more or less. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT: in the professional opinion of the undersighned Professional Surveyor and Mapper in the State of Florida the following SKETCH TO ACCOMPANY LEGAL DESCRIPTON is in compliance and meets the requirements of the Standards of Practice as set forth by the Florida Board of Professional Surveyors and Mapper in Rule 5J--17, Florida Administrative Code, pursuant to Section 472.027, Florida Staures. Copies of the Sketch to Accompany Legal Description is not vaild without the signature and seal of a Florida Licensed Surveyor and Mapper. The seal appearing on ths document was authorized by Brian T. Bellino, PSM N0.4973 on Decmenber 15, 2020. ¿] ±s,, Pe r l _ g] ff"i - k-- 3l f ? si i. su6, pal g City Surveyor Manager g1 +re } [ + ·sis ts Professional Surveyor and M ap per 3"? 3% %/2.3 """EXHIBIT "A t--M-. A_/v_l_ßJ:_A H_.-~Acc-.,,,.-.º.-v, ~Rev-,s.-o ~nn-., -IN-D-IA_N_C_R_E_E_K_D_R_~-~-;-1s_No_T~A_s_~R--~-----1EY e Pusuc wonks P AR T MeNr FPL_ EASEMENT 1/OO COVEN IO CEA TERR ONV MIAMI SE ACM.FL39139 8RLANT. BELLINO CI TY S RVE Y OR PR O JE C T NO . SM 2020K S K E T C H T O A C C O M P A N Y L E G A L D E S C R IP T IO N (THIS DOCUMENT CONTAINS 3 SHEETS AND SHALL NOT BE CONSIDERO FULL AND COMPLET E W ITHOUT THE LEGAL DESCRIPTION SHE ET 1, SK ETCH SHEET 2, NOTES AND LEGEND SHEET 3) ± 4 S K E T C H T O A C C O M P A N Y LE G A L D E S C R IP TIO N (THIS DOCUMENT CONTAINS 3 SHEETS AND SHALL NOT BE CONSIDERO FULL AND COMPLETE WITHOUT THE LEGAL DESCRIPTION SHEET 1, SKETCH SHEET 2, NOTES AND LEGEND SHEET 3) SURVEYOR'S NOTES: 1. Bearings shown hereon are referenced to the Westerly right of way of State Road A1A AKA Indian Creek Drive which is assumed to be N43'24'44"W. 1. This Sketch to Accompany Legal Description document contains three Sheets (1.) Legal Description/Certification, (2.) Sketch of Legol Description (3.) Notes/tegend and is not full and complete without all sheets. 2. Coordinates (if shown) are relative to the North American Datum of 1983, 2011 adjustment (NAD 83/2011) and is referenced to the Florida State Plone Coordinate System Florida East Zone. 3. The purpose of this Sketch to Accompany Legal Description was to prepare o Lego! Description and Sketch of an Easement Area. This document is not valid without the signature of the Surveyor and an authorized seal by the Surveyor or as provided in FS 5J-17-062. 4. Ownership is subject to OPINION OF TITLE. 5. The subject right property shown hereon is located in a portion of Section 27, Township 53 South, Range 42 East. 6. This is not a Survey. Above and/or underground utilities or other improvements have not been located or shown hereon. Call Sunshine 811 prior to any design or excvation of the subject area. LEGEND & ABBREVIATIONS: POC POINT OF COMMENCEMENT POB POINT OF BEGINNING E'LY. EASTERLY N'LY. NORTHERLY S'LY SOUTHERLY ORB OFFICIAL RECORD BOOK PB PG S.R. R/W € PLAT BOOK PAGE STATE ROAD RIGHT--OF-WAY CENTER UNE R- RADIUS CA= CE N TR AL AN GLE A ARC DISTANCE CB= CHORD BEARING CD= CHORD DISTANCE FOOT FL. DEPT. OF TRANSPORTATION Pl POINT OF INTERSECTION PC POINT OF CURVE REF. REFERENCE AKA ALSO KNOWN AS P SM PROFESSIONAL SURVEYOR & MAPPER 3 3 I £ º i EXHIBIT "A" l--------------.------r-------,.-TITl_E_: TS"SNOT,ASUR, _,r- a. .1.. I .&. .1 .&. I ,..._ ,- .& ,-.I I ACCEPTED BY: REVISED 5 PUBLIC WORKS DEPARTMENT '/3O CONVENION C&TEA DE MM @CN, ÉL.39139 8R IAN T. BEL LINO CI sRvYvOR IN DIAN CREEK DRIVE FPL EASEMENT S-3 PROJECT NO. SM 2020K