2002-24868 Reso
RESOLUTION NO. 2002-24868
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 NON-EXCLUSIVE
EASEMENT TO FLORIDA POWER & LIGHT COMPANY (FP&L) FOR
THE PROVISION OF UNDERGROUND DISTRIBUTION FACILITIES AND
A TRANSFORMER VAULT, WITHIN A VACATED PORTION OF LENOX
AVENUE (AT THE COLONY THEATER), LOCATED AT 1040 LINCOLN
ROAD; AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AND RECORD THE EASEMENT FOR THE REQUIRED
UNDERGROUND FACILITIES AND TRANSFORMER V AUL T.
WHEREAS, the City owns the Colony Theater located at 1040 Lincoln Road
(Property); and
WHEREAS, in order to render the Property more viable and to meet the Accessibility
and Building Code requirements, an addition and reconstruction of the theater is required; and
WHEREAS, to meet the electrical power requirements of the reconstructed theater,
Florida Power and Light (FP&L) needs to install a transformer on the Property with underground
electric feeders; and
WHEREAS, the Colony Theater being a historic structure, located within the Flamingo
Park Local Historic District, can only accommodate location of the transformer pad within a
portion of the Lenox Avenue right-of-way adjacent to the building (Easement Area), said right-
of-way having been vacated by Resolution No. 83-17499; and
WHEREAS, (FP&L) has requested an easement to install the transformer and
underground electric feeders within this Easement Area.
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 herein approve the grant of the attached Non-Exclusive Easement to Florida Power
& Light Company (FP&L) for the provision of underground distribution facilities and a
transformer pad to the Colony Theater at Lenox Avenue; and authorize the Mayor and City
Clerk to execute and record the Easement for the required underground facilities and transformer
pad.
PASSED and ADOPTED this 29th day of
MAYOR
ATTEST:
~~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F:\WORK.\$ALL\VGK\EASBMI\COLONYRESO.doc
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A resolution authorizing the Mayor and City Commission to execute a grant of easement in the Lenox
Avenue right-of-way, to Florida Power & Light (F.P.&L) for the Colony Theater located at 1040 Lincoln
Road..
Issue:
Shall the City grant an easement to FP&L within a portion of Lenox Avenue vacated to the Colony Theater?
Item Summary/Recommendation:
The Colony Theater, owned by the City's RDA, is undergoing a major renovation and building addition.
To support the power requirement of this renovated theater, FP&L requires to install a transformer with
underground feeders. In order to accomplish this, FP&L is requesting an easement for the pad mounted
transformer and the underground power transmission lines.
The Administration has reviewed the easement request and recommends it be granted.
Advisory Board Recommendation:
I N/A
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
Sign"()ffs:
F:\WORK\$ALLWGK\COMMEMO\CS-Colony.doc
AGENDA ITEM C 7,V
DATE S:-J.9-od.
.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.f1.us
COMMISSION MEMORANDUM
To:
From:
Mayor David Dermer and Date: May 29, 2002
Members of the City Commission
Jorge M. Gonzalez .~.'
City Manager 0 v- IJ .
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 TO FLORIDA
POWER & LIGHT COMPANY (FP&L) FOR THE PROVISION OF
UNDERGROUND DISTRIBUTION FACILITIES AND A TRANSFORMER
VAULT, WITHIN A VACATED PORTION OF LENOX AVENUE AT THE
COLONY THEATER LOCATED AT 1040 LINCOLN ROAD; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND
RECORD THE EASEMENT FOR THE REQUIRED UNDERGROUND
FACILITIES AND TRANSFORMER VAULT.
Subject:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
The Colony Theater, located on the corner of Lincoln Road and Lenox Avenue was
constructed in 1935, and is designated as a historic property located within the Flamingo
Park Local Historic District.
To make the theater more viable, an addition was proposed in 1983, which would extend
9 feet into Lenox Avenue. On October 5, 1983, the City Commission adopted Resolution
no. 83-17499 vacating this area of Lenox Avenue for the addition. Following this and upon
further assessments, the theater was determined to require additional upgrades to meet
accessibility, building code and historic preservation standards.
On October 6,1999, the Mayor and City Commission adopted Resolution No. 99-23348,
authorizing the City to execute a Professional Services Agreement with the State of
Florida, Department of Management Services (DMS) for construction management of the
Colony Theater.
On March 6, 2000, DMS authorized R.J. Heisenbottle (Architect), to proceed with
programming and conceptual/advanced schematic design phases for the expansion and
renovation of the Colony Theater. Design Development was subject of an extensive
programming phase with input received from operator and users of the Colony Theater,
City's Historic Preservation Officer, Property Management and the Planning and Zoning
Department.
On December 15, 2000, the Architect presented alternative schemes from which the
Administration concurred with an addition of a 9,520 square foot floor area.
To support the development of this theater and the addition, Florida Power and Light
(FP&L )mandates the placement of an 18 sq. ft. transformer vault within the confines of the
Colony Theater property, to handle the facility's anticipated electrical load. Since there is
virtually no room inside the Colony to place the vault, the Architect presented a proposal
to pad mount the vault in the public-right-of way, just north of the 9 ft easement area, on
the west side of the Colony(see attached sketch). In order to proceed with this, FP&L is
requesting the City to grant an easement for the pad mount transformer and the
underground transmission ducts area.
ANAL YSIS:
Public Works has reviewed existing City records, found no conflict with existing utilities or
land use and, therefore, recommends granting a non-exclusive easement. The non-
exclusive easement will be granted to FP&L for the installation and maintenance of an
underground transmission system and for the transformer pad area, within that portion of
Lenox Avenue right-of-way as shown in the attached legal description and sketch. The
easement will be valid for the duration of said structure and facilities being in service and
will revert to the City in case of removal of such electrical services.
CONCLUSION:
The Administration recommends the granting of the easement by the Mayor and City
Commission to Florida Power & Light for the underground utilities and the transformer pad,
and the execution and recording of said easement by the Mayor and City Clerk to allow
energizing of the Colony Theater at 1040 Lincoln Road.
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Work Order No.
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EASEMENT
This Instrument Prepared by
Sec. ~ . Twp ~ S,Rge 42 E
Parcel lD. #
(Maintained by County Appraiser
Name: Raul AiUila . Esq.
Co. Name: City of Miami Beach
Address: 1700 Convention Ctr. Dr.
Miami Beach. FL.. 33139
The undersigned, in consideration of the payment of $10.00 and other good and
valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Flotida Power & Light Company, its licensees,
agents, successors, and assigns, a non-exclusive easement forever for the
construction, operation and maintenance of cwerhead and underground electric
utility facilities (including wire, 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 withinan easement 10' feet in width described as follows:
Reserved for Circuit Court
See attached Exhibit UA"
Together with the right to permit any other person, ftrm or corporation to attaea wires te aRY faeilities aer-eaB.der aRe lay
cable and conduit within the easement and to operate the same only for ~ntee's communication purposes: the right of
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; to trim and cut and keep trimmed and cut all dead, weak, leaning or
dangerous trees or limbs outside the easement area which might interfere with or fall upon the lines or systems of
eomR'N:!BieatieHS ar power transmission or distribution; and further grants, to the fullest extent the undersigned has the
power to grant, if at all, the rights herein above granted on the land heretofore described. This easement area will revert
to the owner/s and all rights discontinued when its use is not required for t intended property.
IN WITNESS WHEREOF, the undersigned has signed and sealed thi ins t on May 29
20 02
Mayor's (P!:esilieRt's signature)
Print Name: DAVID DERMER
Print Address: 1700 Convention Ctr. Dr
Miami Beach. FL.. 33139
Attest:
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Clty Clerk's (SesfeWy's signature)
Print Name: Robert Parcher
Print Name~c)~ 6GI<IJ-( uM~
(Witness)
Print Address: 1700 Convention Ctr. Dr
Miami Beach. FL., 33139
(Corporate Seal)
STATE OF Bor/~) AND COUNTY OF /..l,QH;- hqdp
acknowledged ~ ~"",' -
beforemethis 5 dayof ~U~ ,2002- ,by -Y<-1ljlc/J~e.r-- ,and
~O ~ f='l pctrch(l r-- , respectively the M~or and City Clerk of the City of Miami Beach,
a Florida corporation/municipality, on behalf of said municipality s9I'flerati9B, who are personally known to me or have
produced ,;/A- as identification, and who did (did not) take an oath.
My Commission Expires:
The foregoing instrument was
APPRO..aM.:1O
FORM"LANGUAGI Print Name
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FL lOA
COMMISSION NO. DD109289
MY COMMISSION EXP. APR. 29.1Ol16
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FPL EASEMENT
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LENOX AVENUE
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LOT 12, BLOCK 47 OF "LINCOLN SUBDIVISION"
AS RECORDED IN PLAT BOOK 9, PAGE 69 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY
150' Et
LEGAL DESCRIPTION OF FPL EASEMENT
COMMENCE AT THE SOUTHWEST CORNER OF' LOT 12, BLOCK 47, OF'
UNCOLN SUBDIVISION AS RECORDED IN PLAT BOOK 9, PAGE 69 OF THE
PUBUC RECORDS Of' MIAMI-DADE COUNTY, PROCEED NORTH ALONG
THE WEST PROPERTY LINE Of' LOT 12 f'OR A DISTANCE Of' 108 f'EET
THEN PROCEED WEST F'OR A DISTANCE OF' 9 F'EEl, THEN PROCEED
SOUTH 108 F'EET PARALLEL TO THE WEST PROPERTY LINE OF' LOT 12,
THEN PROCEED EAST 9 F'EEl TO THE POINT OF' BEGINNING AND THE
END OF' THE F'PL EASEMENT.
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EXHIBIT. "A"
EASEMENT FOR FPl
ELECTRICAL FACILITIES
DRAWN BY: R. W. STEWARD
DATE: 3-28-2002 SCALE: N.roS.
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W6rk Order No.
EASEMENT
This Instrument Prepared by
FN 2003R0460393
R Bk 21408 P9S 0883 - 884; (2P9S)
RECORDED 07/08/2003 14=55=37
DEED DOC TAX 0.60
SURTAX 0.45
HARVEY RUVIN. CLERK OF COURT
MIAMI-DADE COUNTY. FLORIDA
,
Sec.~_, Twp-14_ S, Rge~---.::...E
P~rce1 LD. #
(Maintained by County Appraiser
Name: Raul Al!:uila . Eso.
Co. Name: City of Miami Beach
Address: 1700 Convention Ctr. Dr.
Miami Beach. FL.. 33139
The undersigned, in consideration of the payment of $10.00 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, a non-exclusive easement forever for the
construction, operation and maintenance of Q-y@rhead and underground electric
utility facilities (including wire, 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-1..!L_ feet in width described as follows:
Reserved for Circuit Court
See attached Exhibit "A"
Together with the right to permit any other person, firm or corporation to attaeh wires to any facilities here1:lBder and lay
cabie and conduit within the easement and to operate the same only for grantee's communication purposes: the right of
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; to trim and cut and keep trimmed and cut all dead, weak, leaning or
dangerous trees or limbs outside the easement area which might interfere with or fall upon the lines or systems of
eommuni0ati0ns or power transmission or distribution; and further grants, to the fullest extent the undersigned has the
power to grant, if at all, the rights herein above granted on the land heretofore described. This easement area will revert
to the owner/s and all rights discontinued when its use is not required for intended property.
IN WITNESS WHEREOF, the undersigned has signed and sealed thi ins ent on May 29
2002
B:
Mayor's (PresiaeBt's signature)
DAVID DERMER
Print Name
Print Address: 1700 Convention Ctr. Dr
Miami Beach. FL.. 33139
A_t~( E~
City Clerk's (Sesretary's signature)
Print Name: Robert Parcher
Print Nam' -.J 0('; ~&y..((.) Me C.
(Witness
Print Address: 1700 Convention Ctr. Dr
Miami Beach. FL.. 33139
(Corporate Seal)
STATE OF J='{ Ort' da.. _ AND COUNTY OF ~~ - ') a de ~. The foregoing instrument was
ackllowledged 5 *'> -. '" . I ~I
before me this day of .j ()~ , 20 () 2- , by yet \.11 Of .ve...r me-r , and
r20bp rT pOfrCj..p r , respectively ~e Mayor and City Clerk of the City of Miami Beach,
a Florida corporation/municipality, on behalf of said municipality eOlparation, who are personally known to me or have
produced ,J{ II- as identification, and who did (did not) take an oath.
My Commission Expires:
A
APPROVEDAS.TO Notary Public, Si ~atur~!c:IJ\[.
FORM. LANGUAGE Print Name . I rJ ~
\\CH2\VO Ll\WORK\SALL\VGK\EASEMT\fpl.easmtAn~'1I'\&I
. """ COMMISSION NO. DD109289
, . . - 5"-:. 2--f - u"""- MY COMMISSION EXP. APR. 29.2006
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OR BK 21408 PG 0884
LAST PAGE
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LENOX AVENUE
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LOT 12, BLOCK 47 OF "LINCOLN SUBDIVISION"
AS RECORDED IN PLAT BOOK 9, PAGE 69 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY
150'
ft
LEGAL DESCRIPTION Of' FPL EASEMENT
COMMENCE AT THE SOUTHWEST CORNER Of' LOT 12, BLOCK 4.7, OF'
LINCOLN SUBDIVISION AS RECORDED IN PLAT BOOK 9, PAGE 69 OF THE
PUBLIC RECORDS Of' MIAMI-DADE COUNTY, PROCEED NORTH ALONG
THE WEST PROPERTY LINE OF LOT 12 FOR A DISTANCE OF 108 FEET
THEN PROCEED WEST f'OR A DISTANCE OF' 9 F'EET, THEN PROCEED
SOUTH 108 FEET PARALLEL TO THE WEST PROPERTY UNE OF LOT 12,
THEN PROCEED EAST 9 F'EEl TO THE POINT OF BEGINNING AND THE
END OF THE FPL EASEMENT.
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EXHIBIT . "A"
EASEMENT FOR FPL
ELECTRICAL FACILITIES
DRAWN BY: R. W. STEWARD
DAtI: 3-211-2002 SCALE: 1c.T.s.
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CITY OF MIAMI BEACH
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PUBLIC WORKS DEPARTMENT
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
TELEPHONE: (305) 673.7080
FAX: (305) 673.7028
LETTER OF TRANSMITTAL
TO: Bob Stewad
Florida Power & L1aht.
9250 West Flaaler st.
Miami. FL 33174
Teleohone: (3051 377 6012
DATE: October 24, 2003
RE: Colony Theater F.P.&L. Easement
SENT VIA: Hand Delivered
SENDING:
_ Under Separate Cover _ Blue Prints/Xerox Copies
-L Herewith _ Copy of Letter
_ Change Order _ Meeting Notes
-L Other Orlainal Recorded Easement Document
DESCRIPTION: One original document of the F.P.& L. Easement at the City's
Colony Theater property located at 1040 Lincoln Road, recorded In Mlaml-
Dade County Public Records, Book 21408 Pages 0883-0884 on 07/08/2003, as
granted by City Resolution No. 2002-24868..
NOTE COMMENTS:
FOR PREVIEW:
NO EXCEPTIONS TAKEN:
FOR YOUR USE:
X
OTHER:
FOR YOUR REQUEST
FOR DISTRIBUTION:
REMARKS:
RECEIVED BY: tPJJ~
DATE: 10 ~2 ?-J_tDrJ3;
SENT BY: Garv Kokorian-
COPIES THIS LETTER TO:
Kent Bonde- RDA: Robert Parcher- City Clerk: File
COPIES WITH ENCLOSURES TO:
F:IWORK\$ALL ITransmittal drawings & documentslF.P .LIColonyTheaterEasmt.doc