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2016-29382 Reso RESOLUTION NO. 2016-29382 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 REVISED AND EXPANDED UTILITY EASEMENT WITH FLORIDA POWER & LIGHT (FPL), AT THE WEST PALM MIDWAY MEDIAN, WITHIN LOT B OF HIBISCUS ISLAND, AS RECORDED IN PLAT BOOK 8, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; FOR THE INSTALLATION AND MAINTENANCE OF CONDUITS, SWITCH CABINETS, AND A CAPACITOR BANK IN ORDER TO PROVIDE UNDERGROUND ELECTRICAL SERVICES TO THE ISLAND; A COPY OF WHICH REVISED EASEMENT IS ATTACHED HERETO AS EXHIBIT A. WHEREAS, during the planning of the Palm and Hibiscus Island Neighborhood Right of Way (ROW) Improvement 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 undergrounding the electrical utilities to the Islands; 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 Florida Power and Light (FPL) prepared and submitted preliminary drawings and a cost proposal for the overhead — to — underground conversion of the utilities for Hibiscus Island; and WHEREAS, on December 12, 2012, the City Commission granted a utility easement to FPL to install and maintain conduits, switch cabinets, and a capacitor bank to provide for underground service of the electrical systems for the Island; and WHEREAS, on September 18, 2014, the City contracted with Lanzo Construction Co., Florida for design-build services for Neighborhood No. 13: Palm and Hibiscus Islands ROW infrastructure improvements project (project); and WHEREAS, during final review of the construction documents for the ROW infrastructure project, FPL requested to expand the limits of the existing utility easement, in order to place two (2) additional conduits in order to provide underground services west of West Palm Midway Median, within Hibiscus Island; and WHEREAS, FPL, in collaboration with the City, assessed the site conditions and FPL determined that the optimal location for the installation and maintenance of these conduits is within the West Palm Midway Median, at Tract B, Hibiscus Island, according to the plat thereof recorded in Plat Book 8, page 75, of the public records of Miami Dade County; and WHEREAS, the amended easement would ensure proper underground utility services will be provided to the residents of Hibiscus Island. 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 revised and expanded utility easement with Florida Power & Light (FPL), at the West Palm Midway Median, within Lot B of Hibiscus Island, as recorded in Plat Book 8, at Page 75, of the public records of Miami-Dade County; for the installation and maintenance of conduits, switch cabinets, and a capacitor bank in order to provide underground electrical services to the Island. PASSED and ADOPTED this If day of rna , 2016. • PHILIP L V1►,;" , ': AYOR ATT ' /Fag. GRAN DO, C•oi mw-:,4+i •' \i\ 414.�i APPROVED AS T • �.. O •. � FORM & LANGUAGE 1*.. �,,,,�,�, &FO EXECUTION CO/9 1441 ' .f-- 4 - l -- Ty •. \` q7?7:' City Attorney. / Dote......... \ 4n, 26 1°x.2 Work Request No. UNDERGROUND EASEMENT Sec.32,Twp 5 3, Rge 42E (BUSINESS) Parcel I.D. This Instrument Prepared By (Maintained by County Appraiser) N rre: BianT.Belling P5M Co.N City c f Mail Beach Adless 1700Cc wIicnCe ter Mani Beau Fiaida 33139 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"), and other p u b l i c u t i l i t i e s a non-exclusive easement forever for the construction, operation and maintenance of underground 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 ReservedforCircuitCourt voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See attached Exhibit A 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 rignt 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. IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument on , 20_. Signed,sealed and delivered in the presence of: City of Miami Beach (Witness'Signature) By: Print Name: Print Name: Philip Levine,Mayor PrintAddress: 1 700Convention Center DR . M i a m i Beach , F l o r i d a 3 3 1 3 9 (Witness'Signature) ATTEST: Print Name: city CI rlc, Rafael Grarmac10 (Witness) STATE OF FLORIDA AND COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 20_, by Philip Levine, the Mayor of the City of Miami Beach,who is personally known to me or has produced as identification, and who did (did not) take an oath. (Type of Identification) My Commission Expires: Notary Public,Signature APPROVED AS TO Print Name FORM &LANGUAGE & FOR EXECUTION , RA4,( - ( 9 City Attorney Dote ' l.J`w+w+77 n r -,...,iirr...,,_, . ,,,„, e 1 4 lb i b Lal g 4.04 . F *s ' $$ y� lx� L ,, ssL P1 1< b Y b I�1 8 III 8 6 ------1- . 4 i 11 Ill 10' 11 i WI / I— : . 1;11141101511114P01:11! • t Ili 1 �n U R b _ i 1111�+ z Vale : � � ' m fi+ • O Os i � U tw b o ! J i i ilIl l llilit iMii i ; !Ili tit! 414 Vii ki NORTH HIBISCUS DRIVE I/ 5o 6o'IR/W4C c sg aa<s . , ‘,„ \ 9- i . gg f 3 ` 30' ! JIL i CD WO nth � z in i \ ; i^ \` z o ct wi 1 i i i a I 1 t i O 1 ? U 6 s x60126 1 S O ZV�n �.i p � JYp �d E a YOQaD r Z^I \Q� �- I Y Z0^° Q U J J x0< a) +1 I m � o o�,cLI I m al \1I 18 u.. < a i �zo" CO 0 Qom' I11g C�0 -n- I �mal 1 I _J v ,� -'o= 1 I = © 1 I-1S= m a m 1 _1 I 1 J I °m LL �.. _ I I :57. I c I W X H I % T vlfl f-- I I d I H 1 U °� 1 (n 1 I Q 1 H °Z m 4 I$620.00'•E I w I Z N © CV 20.00' c / z U 1 R I � I ; , I I 0098.5 o N 2 © E ..\ g. , se454'13 , f- ZZ O:G8 I z 30' \ \ \ 30 t . . W ..\• 64 1\ \ _ ~ V' 7—WR ®a i I rs; m't n ' SOUTH HIBISCUS WIVE ,T, E 0 �136�Z ,_ Boa 1 23 W U 6 0 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 Revision To Expand An Existing 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. Key Intended Outcome Supported: ' Build and maintain priority infrastructure with full accountability. Supporting Data(Surveys,Environmental Scan,etc:The 2014 Customer Satisfaction Survey indicated that over 77%of residents rated recently completed capital improvement projects as"excellent"or"good". Item Summary/Recommendation: During the planning of the Palm and Hibiscus Island Neighborhood Right of Way(ROW) Improvement 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.Florida Power and Light(FPL)prepared and submitted preliminary drawings and a cost proposal for the overhead-to-underground conversion for the neighborhood. On December 12, 2012, the City Commission granted a Utility Easement to FPL to install and maintain conduits, switch cabinets, and a capacitor bank to provide for underground service of the lighting system. On September 18,2014,the City contracted with Lanzo Construction Co.,Florida for design-build services for Neighborhood No.13:Palm and Hibiscus Islands ROW infrastructure improvements project(project).During final review of the construction documents for this project, FPL requested to expand the limits of the existing utility easement, in order to place two (2) additional conduits as deemed necessary in the development of the final design,to provide underground services west of West Palm Midway. FPL,in collaboration with the City,assessed the site conditions. FPL determined that the optimal location for the installation and maintenance of these conduits is within the West Palm Midway Median, Lot B. The Administration concurs with the expansion of the limits of the existing FPL site easement. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Source of Amount Account Funds: OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Sign-Offs: Department +irector Assistant City Manager City ager DM 1, ETC Er JLM 4►1� T:\AGENDA\2016\May\CIP\Hibiscus Easement Revision\Hibiscus Island.FPL.Summary.doc /v\IAMI AGENDA ITEM C 7 B B EAC H DATE 5-I1-(G City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of t City Com ".sion FROM: Jimmy L. Morales, City Manager DATE: May 11, 2016 SUBJECT: A RESOLUTION OF THE MAYO ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO GRANT A REVISION TO EXPAND AN EXISTING 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. FUNDING No funding is required in order to grant the easement. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the Resolution. BACKGROUND /ANALYSIS During the planning of the Palm and Hibiscus Island Neighborhood Right of Way (ROW) Improvement 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. Florida Power and Light (FPL) prepared and submitted preliminary drawings and a cost proposal for the overhead-to-underground conversion for the neighborhood. On December 12, 2012, the City Commission granted a Utility Easement to FPL to install and maintain conduits, switch cabinets, and a capacitor bank to provide for underground service of the lighting system. The granted easement is shown on Exhibit A. On September 18, 2014, the City contracted with Lanzo Construction Co., Florida for design-build services for Neighborhood No. 13: Palm and Hibiscus Islands ROW infrastructure improvements City Commission Memorandum—Waiver of Development Regulations Surface Lots P59 and P91 -May 11,2016 Page 2 of 2 project(project). During final review of the construction documents for this project, FPL requested to expand the limits of the existing utility easement, as shown on Exhibit B, in order to place two (2) additional conduits as deemed necessary in the development of the final design, to provide underground services west of West Palm Midway. FPL, in collaboration with the City, assessed the site conditions. FPL determined that the optimal location for the installation and maintenance of these conduits is within the West Palm Midway Median, Lot B(as shown on Exhibit B). The Administration concurs with the expansion of the limits of the existing FPL site easement. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution granting the utility easement. Attachments: Exhibit A- Sketch and Legal Description of Existing Easement Exhibit B - Sketch and Legal Description of Proposed Easement J M/�1 / T:WGENDA\2016\May\CIP\HibiscusEasementRevision\Hibiscuslsland.FPLEasement.Memo.doc F ' Exhibit A • • Work Request No. 3085431 EAS E M E N1 -Sec.32,Twp 53 S, Rge 42 E (BUSINESS a t=iN-0 2013R.07953014 • This Instrument Prepareu.y OR 8:14 288,54 Fps s 4796 - 4797; (2P9 s? Parcel I.D.02-323-00-60-890 Name: Brian T.Bellino,PSM RECORDED 10/07/2013 09:19:11 (Maintained by County Appraiser) Co.Name: City of Miami Beach DEED DOC TAX 0.60 Form 3722(Stocked)Rev.6/11 Address: 1700 Convention Center Dr SURTAX 0.45 Miami Beach.FL 33139 HARVEY RUI'Ith CLERK OF COURT pg 1 of 2. MIAMI-DARE COUNTY FLORIDA • 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: Reserved for Irouft owl 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 fk)k-Econ,\Dex--- 21Q,20-1 Signed, sealed and d livered in the presence of: q - Entity name .�e) �'' (Witness'S nature) By ../,L,,� a 914Zitlar..4 Print Name: R4fA e( E. Gram d 0 Matti Herrera Bower (Witness) Print Name: 4: Mayor /,, Print Address: l70v Cohveh-71,0h Cenlrr Dr,'vvz ( i ness ignature ni t'Amt I. t5 eactt i PL S3/31 Print Name: 1,-I ff14 Cgra I !/v . (Witness) • ' —1/ STATE OF r(On c(� AND COUNTY OF kliQrye.d ..b a.k . The foregoing in trument was acknowledged ': before me this- 2ie day of •. l , . 201-1, by ,t/Cr • /- Iso ti•/-«'-" , the • 11 e of— of NW _ a YYiI,l4,t,i ,who is personally known to me or has produced ' as identification, and who did did not) take an oath, . (Type of Id n y����Ff�ji9�;)fr BEA My Commission Expires: •O M1SSIpN'•;744,6 / .. - / 1.. .. A. 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Exhibit B Work Request No. 3085431 UNDERGROUND EASEMENT Sec.32,Twp 53 S, Rge 42 E (BUSINESS)Instrument Prepared By Parcel I.D.02-3232-00-60-890 Name: Brian T.Beninof PSM (Maintained by County Appraiser) Co.Name: City of Miami Beach Address: 1700 Convention Center Dr Miami Beach,Fl.33139 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: Reserved for Circuit Court 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. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20_. Signed, sealed and delivered in the presence of: City of Miami Beach (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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