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FPL Easement Miami Beach Redevelopment Agency 1700 Convention Center Drive, Miami Beach, FI. 33139 http:\Ici.miami-beach.f1.us d-OO)... - )..~ iSo m Telephone (305) 673-7193 Facsimile (305) 673-7772 VIA HAND DELIVERY DATE: May 29,2002 TO: Robert Parcher City Clerk FROM: Alexandra Rolandelli Redevelopment Coordinator SUBJECT: FPL EASEMENT AT SSDI-NORTH PARCEL ITEM C7V OF THE MAY 8, 2002 COMMISSION AGENDA Enclosed please find the certified copy, provided for your files, by the State County Clerk, that reflects the recording of the above referenced documents. Thank you. AR:so Enclosure cc: Raul Aguilar, with copy Fred Beckman, with copy \ '" I 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. FI. 33139 02R322156 2002 nAY 24 10:33 The undersigned, in consideration of the payment of $ I .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, transfonners 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 DOCSTPOEE HARVEY RUVIN, 0.60 SURTX 0.45 CLERK DADE COUNT'(, FL Together with the right to penn it any other person, finn 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. 10 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~. _ IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on _'!JiL C2 ~ . ,2002. / I Si{)' ~, doU,"'" " "" pre""" of, MURANO TWO. L TO.. (Corporate's name) I _-'" ~~-r- a Florida limited partnershiD (Witness' Signal Print Name J)e /. /4' ...4 -In 8Ij if' (Witness) ~ Print Name () I CJ A ~ \-l p. M ~ j ~ A (Witness) MURANO TWO, INC., a Florida corporation, its managing general partner By f!!:h.~ p~me VdYeE~. 81!.dAJ51JAI Title -zh-<-.i,.gu.'II.J~J"C By: (Corporate Seal) J !./' . ~ '0 Signed, sealed and delivered in the presence of: 4.,r., ~ P>>7:r / (Witness' Signatur . Print Name :R. ~ it /-1- 4- /J1 / ~ (Witness) MURANO THREE. L TO.. (Corporate's name) a Florida limited oartnership /~ Print Name tJlgA' t::: hAM-=i iNA (Witness) By: MURANO THREE, INC., a Florida corporation, its managing general partner By: ~--' /7/. ~ ~ame VdY~ /JII, B~PS(),J Title ~ &J~/I,t: (Corporate Seal) Signed, sealed and delivered in the presence of: CITY OF MIAMI BEACH. (Corporate's name) ration Vtl~ . . . st \< O-.J r-- (Witness' Signature) / Print Name Kcv.'---.l ().,c.:....~~ (Witness) a ~h~ (Witness' Signature) Print Name PauAA ~ LJtt-#US (Witness) Print Name David Dermer ~ Title Mayor (Seal) ~~~ City Clerk FORM&t.ANGUAGE ..fOR EXECUTION A J J 1.u /)~B- $'-/ ,.. a.. '~- County of Miami- Dade. ,,~'~ MARIA TERESA PEREZ ~.. ~ MY COMMISSION. DO 0812$4 ~.,v..rtF EXPIRES:J....ryS.2OO6 J.. J /1 LJ ." I 1.--:>TAR'f A.~_&1lclndIng.1nO. rintName: '7#-1L/~~ ~~A- . ~ enwas acknowledged before me thIS 0:26 day of O,et'J~SO the of MURANO TH E, INC., a Florida corporation, the managing general partner of MURANO THREE, LTD., a Florida limited partnership, on behalf of said corporation and limited partnership, ~ho .iL p'ersonallv known to me or has produced as identification. ~~ P' -tJ "- Notary Public gnature Print Name: M /Je ,/) T ue.s /J- ~~ ~d ;...,,~ MARIA TERESA PEREZ ~.... toIY COMMISSION . 000812$4 ~'t", 1\." EXPIRES: J....ry S. 2006 ,~TAR'f A.~_&1lclndIng.1na. J- State of Florida and County of Miami-Dade. The foregoing instrument was acknowledged before me this ",2;2 day of ~~~ ' 2002, by1::nV,r~ "hDruU- the n r- of CITY OF MIAMI BEACH., a Florida municipal corporation, on behalf of said corporation who is personally known to me or has produced ,J/;+ {Jl.r<tV""",i1Iy ~'''',.l as identification. ' o arAAY L Ul.UAN BEAUCHAMP NarARYPUBUCsrATlOFFLOIUDA COMMISSION NO. DD10m9 MYOOMMISSION EXP. APR. 29 ~J~~ ~u~ Nota Public Signature Print Name:Jd.1V "N ~ M d-to,." 0 . , \\MIA-SR VO I \GOLDMANJ\ 1383872vO I\TNSWO 1 ! .D0C\4/22/02\ 1 0840.0 14500 . ~ ~ ~~. ,;!JJ ~ ~4t~ , :!i~~~ ~~ ::- ~ ~ .;.~~'# . (.~~~...", ~~ t"'~~~fIi...."'Itf.~-" ~.~~ ~ .~1,j"t 'r,':~~ 't. :+'~ ~" .... ~ ~ <fir. ~ ~ r '1; "I t t . ~ I i IJ t z It - ~... 'l . .. ~ _ _ ...,..... ....o..a. - -- ~ - .~ w ~ I --il I ; I N l EEJ" ~. ~. .~~. ~... 't, AT..,..... 300.o.t ~. . 414~ f'rIPO!ed ,.. r"lllto Ii l -.1""'" , " . JI I I Iii ?r!l?lml!II~! !t~. filII . flbt;f~.~Jl =~ r RIIAI S J"I".I'tlq1f l- i ~~Ji, i J r:f~':;~~;rlr ~I . . *.1. [rJ "~"!I" s!. ~ Jl; ~Jr J1 ~=-~f;~~[rill II i :-1~J!li~I"11.. I~ I (!:If. .UI.li ia ~i}I'I!I~IJ . II . I Cf~fllf'f.~~! I; .. I 11;lt~.J..;t- II' If r "~Jhiriit!1 18 . ' I-I fl"~"1 I I ~~,rI f 1['[1 I ... "l'" I' flw.~ I R It~l;r; _ .'~I -Ii ~! a~ =}.., . lil . ~~ ~ ~J) ~ ~ r Ii ~~ ~\y. - - 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 & UGHT COMPANY (FP&L), FOR THE PROVISION OF UNDERGROUND DISTRIBUTION FACILITIES AND A TRANSFORMER VAULT, LOCATED AT 400450 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 ann 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 transfonner 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 8" day of M ATTEST: MAYOR _~rpa.t-~ CITY CLERK \lCH2\IIOI.l~~YWAIJ(__ APPNWIDAl10 FORM aLANGUAGII a FOR EXECU\'IOM CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY lD ...... Condensed TItle: A Resolution to grant an easement, jointly with Murano Two, Ltd., and Murano Three, Ltd., to the Florida Power & Ught Company (FP&L), for the provision of underground distribution facilities and a transformer vault, located at 40()..450 Alton Road, on SSOI-North Parcel. . Issue: Shall the City grant a joint easement to FP&L at the Miami Beach Marina Baywalk? Item SummarylReconunendatlon: Pursuant to the Settlement Agreement between the City, the RDA and West Side Pertners, LknIted, the parties entered Into a Grant of Baywalk Easement, which, among other things, provides for the CitylRDA to fund the costs and expanses associated with the physical reJocation 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 Eaeement. AdvIsory Board Recommendation: I N1A Flnanclallnfonnatlon: Amount to .. expended: D Finance Dept. Source of Funds: ~ ,.'......~-=~!I$fU~R'i AGENDA ITEM e, 7 V DATE s:- r-o..)... '. . In connection ~ith this construction commencement, several pre-constructlon 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 utDIty 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, enetgizlng, operating and maintaining these facilities. Pursuant to the Grant of Baywalk Easement. Article 5, paragraph C, subparagraph 0). 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 & Ught Company (FP&L), for the underground utilities and the transformer vault, and the execution and recording of said easement bv the Mavor and.~ Cle l) COUN STATE OF FLORIDA. COUNT'OF"OAOE ~'I . ~ '" c"" C' I HEREBY CEIUlFY thaf th'S'S. a true coP (.IS' 11.... ~ ongma' /iled, th,S off,ce on -:> day 0' ~ Attach ts" . AD 20 D '7 ~ :: JMG AlII\. A ~I 55 my han" and IC'.' Seal. ~+. .. .,.,'''' ,-;,:", HARVEY RUVIN. g.,ERKr'l( CircUlI and counfY.courts . .~'''.<' . ~\ By ~ ~~( r......~'.)fCO",.