Resolution 94-21073 RESOLUTION NO. 94-21073
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH AUTHORIZING THE
EXECUTION OF A NON-EXCLUSIVE EASEMENT BETWEEN
THE CITY OF MIAMI BEACH AND BELLSOUTH
TELECOMMUNICATIONS, INC. FOR AN EASEMENT IN
FLAMINGO PARK.
WHEREAS, Bellsouth Telecommunications, Inc. has requested that
the City of Miami Beach enter into a Deed of Non-Exclusive Easement
for a structure in Flamingo Park; and
WHEREAS, the City of Miami Beach Capital Improvements
Committee has reviewed the request and recommended approval by the
City Commission; and
WHEREAS, the requested easement will upgrade telecommunications
services for the residents of the City of Miami Beach.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Clerk are authorized to execute a Deed of Non-Exclusive
Easement between the City of Miami Beach and Bellsouth
Telecommunications, Inc. for an easement in a portion of Flamingo
Park, as reflected in "Exhibit A" hereto.
1k
PASSED and ADOPTED this 2nd day of March , 1994.
MA OR
ATTEST:
I'LcAr•4
CITY CLERK
FORM APFROVED
LEGAL DEPT.
Date Z- -;\•1
CITY OF MIAMI BEACH
C:TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO.
TO: Mayor Seymour Gelber and DATE: Feb. 16, 1994
Members of the City Commission
FROM: Roger M. -•
/14
City Manager
SUBJECT: A RESOLUTION AUTHORIZING THE EXECUTION OF A DEED OF
NON-EXCLUSIVE EASEMENT BETWEEN THE CITY OF MIAMI BEACH
AND BELLSOUTH TELECOMMUNICATIONS, INC.
ADMINISTRATION RECOMMENDATION:
The Administration recommends the authorization and execution of a
Deed of Non-Exclusive Easement between the City of Miami Beach and
Bellsouth Telecommunications, Inc. for the installation of a
structure in Flamingo Park.
BACKGROUNp;
In January, 1993 , Southern Bell requested authorization from the
City of Miami Beach to install a pre-fabricated structure in the
south bleacher area at the Flamingo Park Football Field . After a
number of meetings between City staff and Southern Bell, the issue
was referred to the Capital Improvements Committee at the City
Commission meeting of September 22, 1993 . (See attached Commission
Memorandum No. 503-93)
At the October 14, 1993 Capital Improvements Committee meeting the
item was moved by Commissioner Pearlson and seconded by
Commissioner Gottlieb to recommend approval by the City Commission,
subject to staff review and approval of area landscaping and
building design. This was reported to the City Commission at its
October 20, 1993 meeting. (See attached Commission Memorandum No.
582-93) No objections to the easement were noted at this meeting.
ANALYSIS;
Southern Bell has worked cooperatively with the City through the
aforementioned steps and is now prepared to move forward. The
easement will ultimately allow Southern Bell to improve the quality
level of telecommunication services to City of Miami Beach
residents, as well as relocate an easement that would have been a
great difficulty for renovating the park.
CONCLUSION:
The Administration recommends that the City Commission authorize
the execution of a Deed of Non-Exclusive Easement between the City
of Miami Beach and Bellsouth Telecommunications, Inc. for the
installation of fiber-optic lines and a pre-fab structure in
Flamingo Park.
RMC/KS/AR 1
AGENDA l'�
ITEM �- I-
DATE 3_2
DEED OF NON-EXCLUSIVE EASEMENT
THE CITY OF MIAMI BEACH, a municipal corporation organized
under the laws of the State of Florida, as the undersigned owner of
the Premises herein described ("Grantor") , for and in consideration
of Ten Dollars ($10. 00) and other good and valuable consideration,
the adequacy and. receipt of which are acknowledged; hereby grants,
sells and conveys to BELLSOUTH TELECOMMUNICATIONS, INC. d/b/a
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, a Georgia
corporation, authorized to do business in Florida whose post office
address is 20A53 Southern Bell Center, Atlanta, Georgia 30375, its
successors, assigns and affiliated and associated companies
("Grantee") , a Non-Exclusive Easement for the construction,
operation and maintenance of:
1 . Telecommunications electrical equipment structure(s)
commonly described as Concrete Hut or substantially
similar equipment structures;
2 . Poles, guys, anchors, aerial cables and wires;
3 . Buried cables and wires, cable terminals, markers,
11
splicing boxes and pedestals;
4 . Conduit, manholes, underground cables and wires;
5. Driveways or other vehicular access; and
6. Other amplifiers, boxes, appurtenances or devices;
as well as appurtenant facilities reasonably required for the
support, use, operation and maintenance of such equipment
structures to be installed from time to time, with the right to
reconstruct, improve, add to, enlarge and remove the same on, in or
over the premises described in the attached Exhibit "A"
("Premises") :
Grantee shall allow any other person authorized by Grantor to
construct wires or lay cable or conduit within the Premises for
water, communications or electrical power transmission or
distribution; provided, however, that Grantor will not use the
Premises, nor will it authorize anyone to use the Premises, in any
manner which, in the reasonable opinion of Grantee, may interfere
with the Grantee 's use of the Premises or may create a hazardous
1
condition to exist.
Grantee shall have the right of ingress, egress and regress to
and upon said Premises at all times for purposes of installing,
constructing, operating, inspecting, maintaining and repairing its
facilities. The Grantee shall have the right to clear and keep the
Premises clear of all trees, undergrowth or other obstructions and
to trim, cut and keep trimmed and cut all dead, weak, leaning or
dangerous trees of limbs outside the Premises which might interfere
with the lines or systems of communication or electrical power
serving the Grantee.
The grant of this Easement shall in no way restrict the right
and interest of the Grantor in the use, maintenance and quiet
enjoyment of the Premises to the extent that such use does not
interfere with the right granted herein. Any ad valorem taxes
accruing from Grantee' s improvements shall be chargeable to and
paid by Grantee when due if separately assessed by the taxing
authority as personal or real property of Grantee. The Grantee
shall be liable for personal injuries and damage to real or
personal property that may result from the use of the Premises by
Grantee, its employees, agents or invitees, and shall indemnify the
Grantor in the event Grantor is required to pay any claim arising
from said use by Grantee or its employees, agents and invitees.
This Easement shall run with the land in perpetuity for so
long as it is maintained exclusively for the purposes conveyed
herein, and shall be binding on and shall inure to the benefits of
the parties hereto, their successors or assigns. Grantee agrees
that at Grantee' s sole discretion, if it no longer needs the
property for the Easement herein conveyed and communicates such to
the Grantor in writing, title to said property, free and clear of
the Easement herein conveyed, shall revert automatically to
Grantor. Grantee further agrees that, at such time, it shall
execute a document sufficient to terminate this Easement and to
reflect such reverter of record. Further, Grantee agrees to remove
all improvements installed by it on the Premises and to restore the
Premises to substantially its prior condition within sixty (60)
2
days after its cessation for such use.
Grantor covenants that it is the fee simple owner of the
Premises, has full right, title and capacity to grant this
Easement, that the property is free and clear of any encumbrances
or liens of whatsoever character, and that it will defend the same
against the claims of the other parties.
IN WITNESS WHEREOF, the parties have executed this Deed of
Easement, this rly' day of ApJt'l , 19 `? `f .
Signed, Sealed and Delivered BELLSOUTH ' CO UNIuAT1ONS, INC.
in the presence of / A
Q4L . y-a4A i„, 4-4_. __
fri...v,i
V ce- Presiden
- Network/So. FL
// &A-0,-0-t/,1-
days
�/ ,-4-t/ Form
/l 'u�-0 APP;7GVED
(as to BELL SOUTH Ilt
TELECOMMUNICATIONS,
INC./Grantee) '«
"C./
Secretar
/
ATTEST: ( If OF MIAMI BEA( FLO/ DA
1W-c. .411 • (D,ar‘-%---- • _
City Clerk
i !':yor
FORM APP' El)
LE 'T•
Ii 624V
Date 1°
3
ACKNOWLEDGMENT
STATE OF FLORIDA,
SS
COUNTY OF DADE
The foregoing instrument was acknowledged before me on
1-1- '-1-qby 1 . 1_ . Qt-oh (lett..)oi?K of
(Date) (Name of Officer/ of Officer
6pJ1 T(e CoMrn r&tem kor\S a tm\ - o_ Corporation,
(Name of Corporation acknowledging) (Sta( e)
on behalf of the corporation. He/She is personally known to me or
has produced — as identification
(Type of identification)
and did (did not) take an oath.
Notary P blic, State of Florida
Print Name C)eir - 0 !_52r\
Commission No. 0-C� na� •
My Commission Expires
(H i:A.:JAL Ni;i A.'ti SEAL
NA.>\CY E O't'Si;N
NOTARY P1.3i L IC STATE OF FLORIDA
CCM:•vILSSION NO.CC22T154
MY CCMMiSS!ON EXP.OCT.21,1996
RJA/cnm:cobbprojectdsk:a:southern.ded
2/23/94
4
Southern Bell
J. Don Sadler,Jr. Suite 1820 Museum Tower
Area Director 150 West Flagler Street
Corporate and External Affairs Miami. FL 33130
305 347-5470
FAX 305 375-9311
March 1, 1994 �, M
aF
-
Mr. Roger Carlton � -
City Manager
City of Miami Beach r_Y
1700 Convention Center Drive c
Miami Beach, Florida 33139 r •
Dear Mr. Carlton,
To confirm my our discussions regarding the proposed
easement in Flamingo Park, Southern Bell has agreed to the
following:
We will submit the landscaping plan for city
approval.
- We have agreed to provide fencing around the site
similar to the fencing at South Pointe Elementary.
- We should be able to vacate the portion of the old
easement under the tennis courts within a twelve
to eighteen month time-frame. Any delay would be
based on circumstances beyond our control . If this
were to occur, the city would be notified and kept
appraised of the situation.
I hope this confirms the cities understanding of our
proposed agreement. If you have any questions or concerns
regarding this information, please contact me to discuss.
Very truly yours,
/
A BELLSOUTH Company
r_,rta,e IT 'A" ( Pflte>t ' PAte 2-
LEGAL DESCRIPTION.
28 Foot by 20 Foot Southern Bell Easement
A portion of the Northwest 14 of Section 3, Township 54 South, Range 42 East, City of
Miami Beach, Dade County, Florida;
OMME
COMMENCE at the Northwest corner of Block 89, "OCEAN BEACH FLA. Athe DDITION
N°. according to the plat thereof as recorded in along at the Northerly a Pagely2 at e e 81 extension of theEast
3
Records of Dade County Fldrida; thence North
-Wa line of Michigan Avenue for 50.00 feet; thence
West
along
the North
tRight-of-
R+ay Right-of-Way y
el
Way line of described;
Eleventh nct for 173o 2 feet to thet line of Eleventh eet for South
fo28.00
hereinafter described; thence North for 28.00 thencefeetEast for 20.00 feet; thence South
20.00
for 28.00 feet; thence West along the North Right-of-Way
feet to the POINT OF BEGINNING. the East Right-of-Way
Bearings mentioned herein are based on an assumed meridian along
line of Michigan Avenue.
LEGEND:
P.O.B. denotes Point of Beginning
P.O.C. denotes Point of Commencement
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SCHWEEME • SHISKIN & ASSOCIATES, INC
LAND SURVEYORS•ENGINEERS
ne
• ARCHITECTS • 3240 CORPORATE WAY • MAMAR•FL 3
.1,ED R t! ERY1810:t
ORDER No. Sr
DATE /� G•I?ZY
1
E x ki t owT'A c' rv-coir")' 1
LEGAL DESCRIPTION .
15 Foot Southern Bell Easernt nt
•
Aortion of the Northwest Si of Section 3, Township 54 South, Range 42 East, City of
Miami Beach, Dade County, Florida;
COMMENCE at the Northwest � Block 89,
2ACH DD1TON
N°. 3', according to the plat thereof as n Plat Book at Page 81 of the Public
Records of Dade County, Florida; thence North along the Northerly extension of the East
Right-of-Way line of Micigan Avenue for 50.00 feet; thence West alongNthe North Right-of-
Wayline of Eleventh Street for 35.00 feet to the POINT F BEGINNING
of Eleventh there parcel
herinafter described; thence Vest along thihN orlhce ERight-of-Way st a line 15.00 feet North of and
t for
153.86 feet; thence North for 15.00 feet;
parallel with the North Right-of-Wayline of Eeventh Street for 153.86 feet; thence South for
15.00 feet to the POINT OF BEGINNING.
Bearings mentioned herein are based on an assumed meridian along the East Right-of-Way
line of Michigan Avenue.
LEGEND:
P.O.B. denotes Point of Beginning
P.O.C. denotes Point of Commencement
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SCHWEBKE - SHISKIN & ASSOCIATES, INC.
LAND SURVEYORS•ENGINEERS• ARCHITECTS •3240 CORPORATE WAY• M1RAMJtAR,FL 3302!
I ORDER No. /GG tI¢ R P 0 ER 8 ERVISION
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