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2012-28084 Reso RESOLUTION NO. 2012-28084 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 ON LOT B OF THE HIBISCUS ISLAND TRACT FOR THE INSTALLATION AND MAINTENANCE OF CONDUITS, SWITCH CABINETS, AND A CAPACITOR BANK THAT WILL PROVIDE FOR UNDERGROUND SERVICE OF THE LIGHTING SYSTEM. WHEREAS, during the planning of the Palm and Hibiscus Island Neighborhood Right of Way (ROW) Improvement Project (the Project), the Palm-Hibiscus-Star Islands Association (HOA) initiated a petition for the undergrounding of aerial utilities; and WHEREAS, the HOA elected to pursue the creation of a Special Taxing District with Miami Dade County in order to finance the expenses associated with the undergrounding utilities project; and WHEREAS, on December 7, 2010 after various public hearings, the registered voters elected to move forward with the undergrounding utilities project for Hibiscus Island only; and WHEREAS, FPL prepared and submitted preliminary drawings and a cost proposal for the overhead-to-underground conversion for the neighborhood; and WHEREAS, in order for FPL to complete the overhead-to-underground conversion for the Hibiscus Island neighborhood, it will be necessary for the City to grant an easement 3,571.1 square feet in area)to FPL for maintenance of its facilities; and WHEREAS, the easement location per the attached site plans and sketch is conducive to initial construction and recurring maintenance. 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 grant a utility easement to Florida Power and Light on lot B of the Hibiscus Island Tract for the installation and maintenance of conduits, switch cabinets, and a capacitor bank that will provide for underground service of the lighting system. PASSED AND ADOPTED this 12th day of December, 2012. ATTEST: s ti Herrera Bower, Mayor Wra d,� City Clerk f. Date U`- INCORP ORATED' T:\AGENDA\2012\12-12-12\PALM&HIBISCUS FPL EASEM E2 aim&Hibiscus-RESO.doc 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 On Tract B Of The Hibiscus Island Tract For The Installation And Maintenance Of Conduits,Switch Cabinets, And A Capacitor Bank That Will Provide For Underground Service Of The Lighting System. Key Intended Outcome Supported: Ensure Well-Designed, Quality Capital Projects. Supporting Data (Surveys, Environmental Scan, etc.): n/a Item Summa /Recommendation: During the planning of the Palm and Hibiscus Island Neighborhood Right of Way (ROW) Improvement Project (the Project), the Palm-Hibiscus-Star Islands Association (HOA) initiated a petition for the undergrounding of aerial utilities. The HOA elected to pursue the creation of a Special Taxing District with Miami Dade County in order to finance the expenses associated with the undergrounding utilities project. On December 7,2010 after various public hearings,the registered voters elected to move forward with the undergrounding utilities project for Hibiscus Island only. FPL prepared and submitted preliminary drawings and a cost proposal for the overhead-to-underground conversion for the neighborhood. In order for FPL to complete the overhead-to-underground conversion for Hibiscus Island, it will be necessary for the City to grant an easement to FPL for maintenance of its facilities. Once the FPL cables are installed underground, the aerial FPL cables will be removed from the utility pole located throughout the island. The cost for the installation of the conduit/wire, pad-mounted switch cabinets and capacitor bank is included in the FPL Contribution in Aid of Construction(CIAC). FPL will receive payment for the overhead- to-underground conversion and complete the installation of infrastructure via the Miami Dade County Hibiscus Island Overhead Service Relocation Improvement Special Taxing District. The Administration recommends approval of the resolution. Advisory Board Recommendation: Not applicable Financial Information: Not a pplicable, no fu ding required. Source of Amount Account Approved Funds: 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Rick Saltrick, ext: 6565 Sign-Offs: Department Directff Assistant City Manager City Manag r FHB JGG KGB TAAGENDA\2012\12-12-12\PALM&HIBISCUS FPL EASEMENT\FPL Easement Palm&Hibiscus-SUMMARY.doc AGENDA CTE AAI,A/\AIBEAC ITEM� DATE � � MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City ommission FROM: Kathie G. Brooks, Interim City Manager DATE: December 12, 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 ON LOT B OF THE HIBISCUS ISLAND TRACT FOR THE INSTALLATION AND MAINTENANCE OF CONDUITS, SWITCH CABINETS, AND A CAPACITOR BANK THAT WILL PROVIDE FOR UNDERGROUND SERVICE OF THE LIGHTING SYSTEM. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the Resolution. BACKGROUND During the planning of the Palm and Hibiscus Island Neighborhood Right of Way (ROW) Improvement Project (the Project), the Palm-Hibiscus-Star Islands Association (HOA) initiated a petition for the undergrounding of aerial utilities. The HOA elected to pursue the creation of a Special Taxing District with Miami Dade County in order to finance the expenses associated with the undergrounding utilities project. On December 7, 2010 after various public hearings, the registered voters elected to move forward with the undergrounding utilities project for Hibiscus Island only. FPL prepared and submitted preliminary drawings and a cost proposal for the overhead-to-underground conversion for the neighborhood. In order for FPL to complete the overhead-to-underground conversion for Hibiscus Island, it will be necessary for the City to grant an easement(Attachment)to FPL for maintenance of its facilities. Once the FPL cables are installed underground, the aerial FPL cables will be removed from the utility pole located throughout the island. The cost for the installation of the conduit/wire, pad-mounted switch cabinets and capacitor bank is included in the FPL Contribution in Aid of Construction (CIAC). FPL will receive payment for the overhead-to-underground conversion and complete the installation of infrastructure via the Miami Dade County Hibiscus Island Overhead Service Relocation Improvement Special Taxing District. FPL Easement-Hibiscus Island December 12, 2012 Page 2 of 2 ANALYSIS Florida Power& Light(FPL)in collaboration with the City has assessed the site conditions. FPL has determined that the optimal location for the installation and maintenance of conduits, pad mounted switch cabinets and underground type capacitor bank is within the West Palm Midway Median, Lot B. The Administration concurs with the FPL site easement. 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. Attachment: Sketch and Legal Description of Proposed Easement KGB/JGG/FHB/RWS/DF T:\AGENDA\2012\12-12-12\PALM&HIBISCUS FPL EASEMENT\FPL Easement Palm&Hibiscus-MEMO.doc Work Request No. 3085431 EASEIVIENI Attachment Sec.32, Twp 53 S, Rge 42 E (BUSINESS This Instrument Prepares.�y Parcel I.D.02-323-00-60-890 Name: Brian T.Bellino,PSM (Maintained by County Appraiser) Co.Name: City of Miami Beach Form 3722(Stocked)Rev.6/11 Address: 1700 Convention Center Dr Miami Beach,FL 33139 pg 1 of 2. 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 licensees, agents, successors, and assigns ("FPL"), a non-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: I Reserved for Circuit Court Legal Description (See Exhibit A"Easement Area") Together with the right to permit FPL to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for FPL's 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; 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 heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20_. Signed, sealed and delivered in the presence of: Entity name (Witness'Signature) By. Print Name: (Witness) Print Name: Print Address: (Witness'Signature) Print Name: (Witness) STATE OF AND COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , the of a , who is personally known to me or has produced as identification, and who did (did not) take an oath. 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