2002-24850 Reso
RESOLUTION NO. 2002-24850
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, JOINTLY WITH MURANO TWO, LTD. AND
MURANO THREE, LTD., TO THE FLORIDA POWER & LIGHT
COMPANY (FP&L), FOR THE PROVISION OF UNDERGROUND
DISTRIBUTION FACILITIES AND A TRANSFORMER VAULT,
LOCATED AT 400-450 ALTON ROAD, ON SSDI-NORTH
PARCEL; AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AND RECORD SAID EASEMENT.
WHEREAS, in November 1995, the City of Miami Beach, the Miami Beach
Redevelopment Agency and the Portofino Group entered into a Development
Agreement, which was terminated in June 1997; and
WHEREAS, in October 1998, the parties entered into a Settlement
Agreement that transferred the deed to SSDI-North (which was held in escrow) to
West Side Partners, Limited and sets forth the obligations of the parties with
respect to the Development of SSDI-North and SSDI-South parcels; and
WHEREAS, as part of the Settlement Agreement, the parties entered into
a Grant of Baywalk Easement which, among other things, provides for the
City/RDA to fund the costs and expenses associated with the physical relocation
of the utilities within the SSDI-North property, including the relocation of electrical
lines and the above ground electrical boxes; and
WHEREAS, pursuant to the Grant of Baywalk Easement, Article 5,
paragraph C, subparagraph (i), the City was granted the right to use/occupy and
the right to grant to others the right to use ar:rl occupy easements; and
WHEREAS, the FPL requires that an easement be granted over a
relocated duct bank and the proposed transformer vault, to allow for pulling of the
cables, energizing, operating and maintaining these facilities, and
WHEREAS, the underground utility duct bank initiates from an existing
service pole, located at the intersection of Alton Road and the entryway to the
Monty's restaurant, heads west within the 150-foot access easement, then turns
north parallel to the west plat line of the SSDI- North property, to its terminus.
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 City Clerk to grant the
attached Easement, jointly with Murano Two, Ltd. and Murano Three, Ltd., to the
Florida Power & Light Company (FP&L), for the provision of underground
distribution facilities and a transformer vault, located at 400-450 Alton Road, on
SSDI-North parcel; and authorizing the Mayor and City Clerk to execute and
record said Easement.
PASSED and ADOPTED this 8th day of M
ATTEST:
MAYOR
j1lMJ r r ~t&-V'
CITY CLERK
\\CH2\VOL 1 \CMGR\A.GENDA\2002\MA YOB02\CONSENT\BA YWALK Reso.doc
APPROV!D AS TO
FORM & LANGUAG!
& FOR EXECUTION
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
A Resolution to grant an easement, jointly with Murano Two, Ltd., and Murano Three, Ltd., to the Florida
Power & Light Company (FP&L), for the provision of underground distribution facilities and a transformer
vault, located at 400-450 Alton Road, on SSDI-North Parcel.
Issue:
Shall the City grant a joint easement to FP&L at the Miami Beach Marina Baywalk?
Item Summary/Recommendation:
Pursuant to the Settlement Agreement between the City, the RDA and West Side Partners, Limited, the
parties entered into a Grant of Baywalk Easement, which, among other things, provides for the City/RDA to
fund the costs and expenses associated with the physical relocation of the utilities within SSDI-North
property, including the relocation of electrical lines and the above ground electrical boxes that conflict with
the footprint of the Murano II - Murano III Project. In addition, pursuant to Art. 5 of the Grant of Baywalk
Easement, the City was granted the right to use/occupy and the right to grant to others the right to use and
occupy easements. The Administration recommends the granting, execution, and recording of the
Easement.
Advisory Board Recommendation:
IN/A
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
AGENDA ITEM
DATE
C-7V
.Y g'"-Od-.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
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COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \ /
City Manager U r V
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
COMMISSION TO GRANT THE ATTACHED EASEMENT, JOINTLY WITH
MURANO TWO, LTD. AND MURANO THREE, LTD., TO THE FLORIDA
POWER & LIGHT COMPANY (FP&L), FOR THE PROVISION OF
UNDERGROUND DISTRIBUTION FACILITIES AND A TRANSFORMER
VAULT, LOCATED AT 400-450 ALTON ROAD, ON SSDI-NORTH
PARCEL; AND AUTHORIZING THE MAYOR AND CITY COMMISSION TO
EXECUTE AND RECORD SAID EASEMENT.
Date: May 8, 2002
To:
Subject:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND AND ANALYSIS:
In November 1995, the City of Miami Beach, the Miami Beach Redevelopment Agency and
the Portofino Group entered into a Development Agreement, which was terminated in June
1997. In October 1998, the parties entered into a Settlement Agreement that transferred
the deed to SSDI-North (which was held in escrow) to West Side Partners, Limited and
sets forth the obligations of the parties with respect to the Development of SSDI-North and
SSDI-South parcels.
As part of the Settlement Agreement between the City of Miami Beach, the Miami Beach
Redevelopment Agency and West Side Partners Limited, it was contemplated that West
Side Partners would develop the SSDI-North parcel in two stages. Construction on SSDI-
North will consist of two high rise towers and related amenities as approved and reflected
in the concept plan, modified by Resolution No. 2001-24349 adopted by the City
Commission on April 18, 2001. Construction sequence requirements dictate that
construction initiated along the southerly portion of SSDI-North, should be completed
before the northerly portion is developed. The Developer, The Related Companies (TRG),
which purchased the property from West Side Partners, has commenced construction of
Murano II.
In connection with this construction commencement, several pre-construction activities
must occur on SSDI-North and adjacent properties to support the proposed Murano
Grande construction activities. Pursuant to the Settlement Agreement and to surviving
provisions of the Development Agreement, the City/RDA has certain obligations and
responsibilities related to pre-construction activities. These activities included construction
staging costs, curb cut costs, electrical utility relocation costs, seawall rehabilitation and
construction along SSDI-South and SSDI-North, environmental remediation costs and
replacement parking costs.
As part of the Settlement Agreement, the parties entered into a Grant of Baywalk
Easement which, among other things, provides for the City/RDA to fund the costs and
expenses associated with the physical relocation of the utilities within the SSDI-North
property, including the relocation of electrical lines and the above ground electrical boxes.
The existing electrical power facilities that service the City of Miami Beach Marina consist
of a combination of overhead and underground services. These existing facilities are in
conflict with the proposed Murano II and Murano III footprints. The existing electrical
service was converted to an underground utility duct bank. The underground utility duct
bank will provide electrical service to the City of Miami Beach Marina facilities, located
along the piers and to the relocated Marina facilities within the first floor of the Murano II
structure. The relocated Marina facilities, described as the City Unit, will house the Marina
Municipal Parking Garage, Marina's Comfort Station, Maintenance Room and Storage
area.
The underground utility duct bank initiates from an existing service pole located at the
intersection of Alton Road and the entryway to the Monty's restaurant, heads west within
the 150-foot access easement, then turns north parallel to the west plat line of the SSDI-
North property, to its terminus. Attached is a sketch and legal description showing the
location and alignment of the proposed utility bank in relationship to the Baywalk.
The Developer has installed, for the FPL's use, provisional ducts within this area in order
to service the proposed transformer vault. The FPL requires that an easement be granted
over this duct bank and the proposed transformer vault, to allow for pulling of the cables,
energizing, operating and maintaining these facilities.
Pursuant to the Grant of Baywalk Easement, Article 5, paragraph C, subparagraph (i), the
City was granted the right to use/occupy and the right to grant to others the right to use and
occupy easements.
CONCLUSION:
The Administration recommends the granting of the Easement by the Mayor and City
Commission, jointly with Murano Two, Ltd., and Murano Three, Ltd., to the Florida Power
& Light Company (FP&L), for the underground utilities and the transformer vault, and the
execution and recording of said easement by the Mayor and City Clerk.
AttachrJihs tAJJ .~l'fV'\
JM~crw~fMAlA~_ /'\
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Parcel 1.0. #02-4203-009-9250
EASEMENT
Prepared by: James E. Reeves
Name # 2194
Co. Name Zurwelle Whittaker Inc.
Address 4051 Roval Palm Ave
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 licensees,
agents, successors and assigns, an easement forever for the construction,
operation and maintenance of underground electric utility facilities (including
cables, conduits, transformers 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 as described on the following page(s)
Reserved for Circuit Court
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit
within the easement and to operate the same for communications purposes; the right to 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; and further grants, to
the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over,
along, under and across the roads, streets or highways adjoining or through said property. M!lJI B
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 4~.J,l} ,,:J.~
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SU.gned, se led and delivered in the presence of: MURANO TWO. L TO..
(Corporate's name)
-<./ J.-L.---~~ a Florida limited partnership
(Witness' Signat
Print Name .J>e /, / 4' ./~-~/Yl eIj ~
(Witness)
,2002.
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Print Name 0 I fl A ~ h ~ 1>1 ~ ,. ~ A
(Witness)
MURANO TWO, INC., a Florida corporation, its
managing general partner
By ~~.~
pr~me VdYfE~. i3l!4A)StJAI
Title ~h04 --e;/,I,.C
By:
(Corporate Seal)
...~
Signed, sealed and delivered in the presence of:
-t2", .?z; $?1;r ~
(Witness' Signatur
Print Name J1':ii~l ~ d- /J1 et; ~
MURANO THREE. L TO..
(Corporate's name)
a Florida limited oartnershio
Print Name
/~
{)/'JA j:::hAM~iNA
(Witness)
By: MURANO THREE, INC~, a Florida corporation, its
managing general partner
Byn_n 'ht.t'~
l&tName .;]dreG /JIl, BR4PSO,J
Title ~ &~~/..~
(Corporate Seal)
CITY OF MIAMI BEACH.
(Corporate's name)
David Dermer
Signed, sealed and delivered in the presence of:
a
Print Name_Kov I ~ Kc...IfV\: '(C L
(Witness)
~ .:ikt - --
...----- ~Witness' Signature)
Print Name . ~Jfi e- ,udfrr 5
(Witness)
Title
Mayor
(Seal)
ATTESr~ /I ,l- a
Roberf1.~~
City Clerk FORU&LANGUAGE
&FOREXEWTION
A J 11M J)Jb- $'-/" ca..
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County of Miami- Oade. The foregoing instrument was acknowledged before me this -2~ day
, 2002, by ~ R 8, InlA NJ the
of MURANO TW , INC., a Florida corporation, the managing general partner of MURANO
TWO, L TO., a Florida limited partnership, on behalf of said corporation and limited partnership, who is personallv known to
'1!<!" hu prod"~d , . ~Ufi,",i""1i.
.~y~ MARIA TERESA PEREZ
\".1 MY COMMISSION # 000812S4
't/lffl,!fi' EXPIRES: J.nuary 5, 2006 A. ..J . J
1-8lJD.3.NOTARY FLNccwy_&Bonding.1nc. rint Name: '7',4 R.- 01 ~~-S'4-
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en}-;Vas acknowledged before me thls.,:26 day of
o;eev.so:0 the
of MURANO TH E, INC., a Florida corporation, the managing general partner of
MURANO THREE, L TO., a Florida limited partnership, on behalf of said corporation and limited partnership, ..yho iL
p'ersonallv known to me or has produced as
identification.
i"YP,,~ MARIA TERESA PEREZ
'^ lW1 '" MY COMMISSION # 00081254
."~.tE1
~'t 0"\<1" EXPIRES: J.nuary 5, 2006
.ro3-NQTAAY FL Nccwy _ & Banding, lno.
Print Name: MIi!!,/? T UE.s 4- ~c
State of Florida and County of Miami-Dade. The foregoing instrument was acknowledged before me this day of
2002, by the
of CITY OF MIAMI BEACH., a Florida municipal corporation, on behalf of said corporation
who is personally known to me or has produced
as identification.
Notary Public Signature
Print Name:
\\MIA-SRVO 1 \GOLDMANJ\ 13 83872vO 1 \TNSWO I! .DOC\4/22/02\ 1 0840.0 14500
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