Resolution 2018-30545 RESOLUTION NO. 2018-30545
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 UTILITY
EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT (FPL),
ON CITY PROPERTY WITHIN THE BOTANICAL GARDEN
EXPANSION SITE, ALONG THE NORTHEAST CORNER OF
CONVENTION CENTER DRIVE, ON LOT 2, BLOCK 7A, AS
RECORDED IN PLAT BOOK 6, PAGE 26, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FOR THE
INSTALLATION AND MAINTENANCE OF CONDUITS, SWITCH
CABINETS, AND TRANSFORMERS THAT WOULD PROVIDE
UNDERGROUND ELECTRICAL SERVICES TO THE
BOTANICAL GARDEN AND FOR STRUCTURES ALONG
ADJACENT STREETS; AND WHICH DRAFT EASEMENT IS
ATTACHED AS EXHIBIT A HERETO.
WHEREAS, on January 17, 2017, the City entered into a Design/Build Agreement with
Ric-Man Construction, Inc. (Ric-Man) to develop, design and construct the Stormwater Pump
Station at 19`" Street between Convention Center Drive and Meridian Avenue; and
WHEREAS, as part of the scope of the project, Ric-Man will replace the existing seawall
along the south perimeter of the Collins Canal, abutting the Miami Beach Botanical Garden
(Botanical Garden) and the Holocaust memorial properties; and
WHEREAS, on September 13, 2017, the Mayor and City Commission adopted
Resolution No. 2017-30010, approving and authorizing the extension of the Botanical Garden to
the Collins Canal; and
WHEREAS, as part of the expansion project shall require, removal of existing utilities
along the area designated for the extension of the Botanical Garden; and
WHEREAS, thereafter, Florida Power and Light (FPL) currently has four (4) old wooden
poles, with transformers and overhead and underground lines that feed the nearby
neighborhoods as well as the Botanical Garden; and
WHEREAS, the removal of these poles and the replacement of overhead lines, pole
mounted transformers and wiring shall be necessary to the expansion project; and
WHEREAS, on March 7, 2018, the Mayor and the City Commission adopted Resolution
No. 2018-30220, approving Amendment No. 2 to the Design-Build Agreement with Ric-Man, for
the Design and Construction of the extension of the Botanical Garden, to expand the limits of
the Botanical Garden north, up to the new sea wall on the Collins Canal, to include new
landscape, irrigation, walkways, gates, railings, benches, planters and improved lighting; and
WHEREAS, on July 25, 2018, the City Commission adopted Resolution No. 2018-
30415, approving utility services from FPL for the removal of the old wooden poles, the
installation of two, new self-supported concrete poles, away from the area designated for the
seawall construction extension of the Botanical Garden, pad-mounted transformers, associated
risers, feeders, cables and dud banks; and
WHEREAS, thereafter, FPL requested an easement in order to have permanent
perpetual access to maintain the pad mounted transformer; and
WHEREAS, the proposed utility easement for FPL, which shall be located on Lot 2 of
Block 7A, as recorded in Plat Book 6, Page 26 of the public records of Miami Dade County, will
satisfy the needs of FPL to maintain their equipment and will facilitate the completion of the
Botanical Garden expansion and ensure proper utility services will be provided to the Botanical
Garden and the nearby streets.
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 utility easement in favor of
Florida Power & Light (FPL), on city property within the Botanical Garden expansion site in the
northeast corner of Convention Center Drive, on Lot 2, Block 7A, as recorded in Plat Book 6,
page 26, of the public records of Miami-Dade County, for the installation and maintenance of
conduits, switch cabinets, and transformers that would provide underground electrical services
to the Botanical Garden and for structures along the adjacent streets. The prposed easement is
attached as exhibit A hereto.
PASSED and ADOPTED this 17th day of October, 2018.
ATTEST:
Dan Gelber, Mayor
la /30)1Y
Rafa E. Granado, City Clerk APPROVED AS TO
LANGUAGEFORM &
/1\l\I... 8 e &OR EXECUTIION
City Attorney VA(' cl%
Date
INCORPORATED; P. '3 4
9�CN 26 ���
Work Request No. UNDERGROUND EASEMENT
Sec.34, Twp 52 S, Rge 42 E (BUSINESS)
Instrument PreparedBy
Parcel I.D.02-3227-000-0090 Name: Martin P.Ross'PSM
(Maintained by County Appraiser) Co.Name:
Miller Legg 8 Associates Inc.
Address: 5747 N.Andrews Way
Fort Lauderdale FL 33309
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: Reeermemrcram cowl
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. her"WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 0 CIO ber 3o , 2018
Signed, sealedseand delivered in the presence of: City of Miami Be
/dl t,v3ap9
p(� Mess Signature) By 7
Print Name: RAPnfil F . Ci g nr+••.no 11__r
(witness) Print Name: D 4h Cff1ICC11�C
_ Print Address: 17o0 Cohv1 who Cff4e( ,
gbr
mosso�ignaurs MIQAli ReachPt- n) 3/
Print Name: S UGT r&a y
(Witness) l
STATE OF POn'C A AND COUNTY OF M;Gnu.-Nd c . The foregoing instrument was acknowledged
before me this 30 day ofbt r , 2018 by Dom 6-e l ber , the
MAynrof Micfwti KatcLl a !So✓1 , who is
Personally known to me or has produced as identification, and who did (did not) take an oath.
(Type of Identification) //�/J
My Commission Expires: ' "a
LILIACARDILLO No ary Public,Sig/nature ,/
ci Ai•1 MYCOMMISSION k GG 230433 Print Name U�A ��r'" i/o
.........p: WIRES:August 2;2022
5•• ... BordedlNu NotayAubMIhderuMn
'�L�Bff..''``- - - APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
IV ((��
-11- Ip
Dote
City Attorney /^
LEGAL DESCRIPTION : SHEET 1 OF 1
A PORTION OF THE SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 2, BLOCK 7A OF AMENDED PLAT OF GOLF COURSE SUBDIVISION OF THE
ALTON BEACH REALTY COMPANY ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6. PAGE 26 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF COLLINS CANAL,
NORTH 58'37'23" EAST 326.33 FEET; THENCE SOUTH 02'00'32" EAST 6.72 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 02'00'32" EAST 11.18 FEET; THENCE SOUTH 61'28'25' WEST 17.08 FEET; THENCE SOUTH 28'30'27" EAST 15.61
FEET; THENCE SOUTH 6128'25" WEST 17.01 FEET; THENCE NORTH 28'30'2D WEST 25.61 FEET; THENCE NORTH 61'28'25"
EAST 39.07 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE. LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAML_DADE COUNTY, FLORIDA AND CONTAINING
631 SQUARE FEET (0,014 ACRES) MORE OR LESS. ABBREVIATIONS: C'IV
EASEMENT R/W = RIGHT OF WAY
LOCATION O GR. =t a SOMME
DETCOUNTY RECORDS
P.B. - PUT BOOK /
a' `� D EORBa DRAINAGE EASEMENT CIAL RECORD BO 2f
' .�1�l " U.E - UTILITY EASEMENT Up
,{,,.� h P.O.C. = POINT OFC MENCEMENT
sir
>G ir•'I • O _ �� P.O.B. = POINT OFNE BEGINNING
Y PG. a PAGE
/ PSP\- y \C4E
/ \>>\-SV G1Df �P
A_ 5 �r GO ••,,,. � 2 6.72' 32"E
„.,.. m - 6R A • 6.72'
•
L 3 50200'32'E
iiiItai
'IS g'S�'L3t /// T 11.18'
‘.02' .00
0 14 z >
K. it �gIiIIIi I //�161.5g 01' � O D_
111111111111111 ( i O
1111111
ID CC
M Wei. �a-'• OU W
LOCATION MAPH 1 / �� / 6 U
NR R mu 1
COORDINATE GEOMETRY P.D.C. 7-"5 11'
NE CORNER
11warms EPS11110 LOT 2 BLOCK 7A D. 10 20
C V AMENDED PLAT 0
1 53247163 940445.77 N d I OF GOLF COURSE IRONIC SCALE
2 53264154 940714.38 Y • SUBDIVISION OF THE I INCH - 20 FEET
CT RD ALTON BEACH
3 532634.82 940724.61 O N REALTY COMPANY SURVEYOR'S NOTES
-I P.B. 6, PG. 26, D.C.R. 1. SUBJECT PROPERTY WAS NOT ABSTRACTED BY THIS FIRM FOR
4 532623.65 940725.00 m dEASEMENTS. RIGHTS-OF-WAY. RESERVATIONS OR OTHER
MATTERS OF RECORD.
5 532515.40 940710.00 N d 30.00 2. BEARINGS SHOWN HEREON ARE BASED ON BEARING OF
I- ° BRIDLE PATH N58'3Y23-E ALONG THE SOUTHERLY MGHT-CF-WAY UNE OF THE
6 532601.76 940717.45 O COLONS CANAL
_i m (PJB. 6. PG. 26, D.C.R.) 3. THE STATE PLANE COORDINATES SHOWN HEREON ARE BASED
7 65 940702.51
51
014 THE NORM AMERICAN DARN OF 1983, PATH THE 1990
d ADJUSTMENT. THIS SKETCH DOES NOT
B 532515.15 940690.29 SKETCH & DESCRIPTION REPRESENT A BOUNDARY SURVEY
CERTIFIED Ta `. -
„gm
HEREBY CERTIFY MAT THIS MOM MEETS
STANDARDS OF PRACTICE AS SET FORTH BY ME
ON
FLORIDA
MMER SERI as FROFES9OlAL MD
CITY OF MIAMI BEACH C
SURVEYORS AND MAPPERS R CHAPTER 5A-17,
FLORIDA DMINIS1RATIVE CODE PURSUANT TO
I SEC1O1 472027. FLORIDA STATUTES
' DATED 'MS 19E DAY OF SEPTEMBER 2018 AD.
'7(a,tr~'p `Ra.
YMiPI P. ROSS
10/a/IB REVISED PER OTT COMMENTS LP MR MI LLER���EGG I gNY� ME MAPPER
50TPROFESSIONAL TE OF T1 A PR K1q�YNPQ
Sort Fbrb:. :5741 N.AMws Way
l RERiRCA1F Li M11NM}ADGa UNIIO
Loy REVISIONS o,„ La Ft.Iaudon:619 Florida'33309--2364
954136 No 954-358584 ": "": :•o.
jDRAWN BY: LP CHECKED BY: MR wmanWerlomom 18-DB005 SH-1
W I/g0[CRMIaMA-4!948 mut of A01 IIT sr SIORIAVATtb mo.STAMN\6URKA16- F'C_ms9010/A/M by MOSS
Resolutions - C7 AB
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 17, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE AUTILITY EASEMENT FOR FLORIDA POWER & LIGHT (FPL), AT THE
BOTANICAL GARDEN EXPANSION SITE IN THE NORTHEAST CORNER OF
CONVENTION CENTER DRIVE, LOT 2, BLOCK 7A, AS RECORDED IN PLAT
BOOK 6, PAGE 26, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; FOR
THE INSTALLATION AND MAINTENANCE OF CONDUITS, SWITCH CABINETS,
AND TRANSFORMERS IN ORDER TO PROVIDE UNDERGROUND ELECTRICAL
SERVICES TO THE ADJACENT STREETS.
RECOMMENDATION
The Administration recommends adopting the Resolution.
ANALYSIS
On January 17, 2017, the City entered into a Design/Build Agreement with Ric-Man Construction,
Inc. (Ric-Man) to develop, design and construct the Storrrmater Pump Station on 19th Street
between Convention Center Drive and Meridian Avenue. As part of the scope of the project, Ric-Man
will replace the existing seawall along the south perimeter of the Collins Canal, abutting the Miami
Beach Botanical Garden (Botanical Garden) and the Holocaust memorial properties.
On September 13, 2017, the Mayor and City Commission adopted Resolution No. 2017-30010
approving and authorizing the extension of the Botanical Garden to the Collins Canal. As part of the
Resolution, the removal of existing utilities is required along the area designated for the extension of
the Botanical Garden. Florida Power and Light (FPL) currently has four (4) old wooden poles, with
transformers and overhead and underground lines that feed the nearby neighborhoods as well as the
Botanical Garden. As such, the removal of these poles and the replacement of overhead lines, pole
mounted transformers and wiring will be necessary.
On March 7, 2018, the Mayor and the City Commission adopted Resolution No. 2018-30220,
approving Amendment No. 2 to the Design-Build Agreement with Ric-Man, for the Design and
Construction of the extension of the Botanical Garden, to expand the limits of the Botanical Garden
north, up to the new sea wall on the Collins Canal, to include new landscape, irrigation, walkways,
gates, railings, benches, planters and improved lighting.
On July 25, 2018, the City Commission adopted Resolution No. 2018-30415, approving utility
services from FPL for the removal of the old wooden poles, the installation of two, new self-supported
concrete poles, away from the area designated for the seawall construction extension of the Botanical
Page 512 of 1637
Garden, pad-mounted transformers, associated risers, feeders, cables and duct banks. FPL
requested an easement (Attachment A) in order to have access to maintain the pad mounted
transformers.
This utility easement for FPL at Lot 2 of Block 7A in Plat Book 6, Page 26 (Attachment B), will satisfy
the needs of FPL to maintain their equipment and will facilitate the construction of the Botanical
Garden expansion and ensure proper utility services will be provided to the Botanical Garden and the
nearby streets.
CONCLUSION
The Administration recommends approval of the resolution.
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
❑ Resolution
❑ Attachment A Easement Document
n Attachment B Easement Location
Page 513 of 1637
omit 1
III
it r'11 1 I
i a
4a r ai4
ils
.
s � w
�� •'
b
A .58i
C. f 11
`i v -
1 y Fg s
1
3V iy
F KI . /._,
III
` Y I
1
s _ 11 P A 1I
i Lu z
i" ''' 14 i
/�
pa.
;\ ( Iuill. 451 , \ Eli
d % . . '- A.
3 H52
g ai ..;� € '' �rwl
l
$iugg,
i i
d § F cccdddAAA F'
;„F g s i �h j I
WA
.
F ; .U4 " g $ d� Li. N
Fi 6 8 � II m i
3 f lal
NI
' Y3 SII_.1 t IR
.gin... L ? ,..