Resolution 2021-31633 RESOLUTION NO. 2021-31633
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A UTILITY EASEMENT AGREEMENT, IN
FAVOR OF FLORIDA POWER & LIGHT COMPANY, IN THE FORM
ATTACHED TO THIS RESOLUTION (EXHIBIT A), FOR THE NON-
EXCLUSIVE USE OF A 10 FOOT WIDE EASEMENT ON CITY PROPERTY,
HAVING APPROXIMATELY 100 SQUARE FEET, LYING IN A PORTION OF
SECTION 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST, AND ALSO LYING
IN UN-NUMBERED LOTS LYING WESTERLY OF, AND ADJACENT TO,
BLOCK 16 OF THE "AMENDED PLAT OF THE OCEAN FRONT PROPERTY
OF THE MIAMI BEACH IMPROVEMENT COMPANY", RECORDED IN PLAT
BOOK 5, PAGE 8, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, AND WESTERLY OF AND ADJACENT TO. THE WESTERLY
RIGHT OF WAY LINE FOR INDIAN CREEK DRIVE AND THE NORTHERLY
RIGHT OF WAY LINE OF 31ST STREET , FOR THE INSTALLATION AND
MAINTENANCE OF UNDERGROUND UTILITY FACILITIES INCLUDING, BUT
NOT LIMITED TO, CABLES, CONDUITS, AND APPURTENANT EQUIPMENT.
WHEREAS, on July 31, 2019, the Mayor and City Commission awarded the construction
contract (ITB 2019-231-KB) for Indian Creek Phase III Improvements, from 25th to 41st street,
approving Ric-Man Construction Florida, Inc., as the lowest responsive, responsible bidder to the
ITB; and
WHEREAS, a major project component is the construction of a pump station including,
but not limited to, installation of pumps, generator, and control cabinets, all of which need to be
serviced by FPL; and
WHEREAS, in order for Florida Power and Light (FPL) to provide electrical service, FPL
has to install a new FPL transformer concrete pad on City property; and
WHEREAS, in order for FPL to install, operate and maintain their facilities, the City must
convey to FPL a non-exclusive 10' wide utility easement; and
WHEREAS, the proposed utility easement will have a total area of approximately 100
square feet, and will include the area from the manhole to the new pad mounted transformer
(Easement Area); and
WHEREAS, the Administration recommends executing the Easement Agreement in favor
of FPL, in the form attached to this Resolution, as Exhibit "A", for the non-exclusive use of the
Easement Area, as more particularly described in the sketch and legal description attached
thereto as Exhibit "A", in order to provide electrical service to an Indian Creek pump station,
located on Indian Creek Drive, between 31St and 32nd street.
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 hereby approve and authorize the Mayor and City Clerk to execute a utility Easement
Agreement, in favor of Florida Power & Light Company, in the form attached to this Resolution
(Exhibit A), for the non-exclusive use of a 10 foot wide easement on City property, having
approximately 100 square feet, lying in a portion of Section 27, Township 53 South, Range 42
East, and also lying in un-numbered lots lying westerly of, and adjacent to, Block 16 of the
"Amended Plat of the Ocean Front Property of the Miami Beach Improvement Company",
recorded in Plat Book 5, Page 8, of the Public Records of Miami-Dade County, Florida, and
westerly of and adjacent to. the westerly right of way line for Indian Creek Drive and the northerly
right of way line of 31st Street, for the installation and maintenance of underground utility facilities
including, but not limited to, cables, conduits, and appurtenant equipment.
PASSED and ADOPTED this 17 day of //IArc �. , 2021.
Dan Gelber, Mayor
ATTEST:
t
iaY1-
Rafaet4. Granado, C y Clerk �' ,"
.•�q '• 's
IN(ORPIORATEDI
%2}.. Aft :ham:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1 - 2-7 . 24
City Attorney Date
Resolutions -C7 T
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: March 17, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A UTILITY EASEMENT
AGREEMENT IN FAVOR OF FLORIDA POWER & LIGHT COMPANY, IN
THE FORM ATTACHED TO THIS RESOLUTION (EXHIBIT A), FOR THE
NONEXCLUSIVE USE OF A 10 (TEN) FOOT WIDE EASEMENT ON CITY
PROPERTY, HAVING APPROXIMATELY 100 SQUARE FEET, LYING IN A
PORTION OF SECTION 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST, AND
ALSO LYING IN UN-NUMBERED LOTS LYING WESTERLY OF, AND
ADJACENT TO, BLOCK 16 OF THE "AMENDED PLAT OF THE OCEAN
FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY",
RECORDED IN PLAT BOOK 5, PAGE 8, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, AND WESTERLY OF AND ADJACENT
TO THE WESTERLY RIGHT OF WAY LINE FOR INDIAN CREEK DRIVE
AND THE NORTHERLY RIGHT OF WAY LINE OF 31ST STREET, FOR THE
INSTALLATION AND MAINTENANCE OF UNDERGROUND UTILITY
FACILITIES INCLUDING, BUT NOT LIMITED TO, CABLES, CONDUITS,
AND APPURTENANT EQUIPMENT.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
On July 31, 2019, the Mayor and City Commission awarded a construction contract (ITB 2019-
231-KB)for Indian Creek Phase III Improvements, from 25th to 41st Street, approving Ric-Man
Construction Florida, Inc., as the lowest responsive, responsible bidder to the ITB.
A major project component is the construction of a pump station including, but not limited to,
installation of pumps, generator, and control cabinets, all of which need to be serviced by Florida
Power and Light (FPL). In order for FPL to provide electrical service, FPL has to install a new
transformer concrete pad on City property.
In order for FPL to install, operate and maintain their facilities, the City must convey to FPL a
non-exclusive 10 (ten)foot wide utility easement. The proposed utility easement will have a total
Page 447 of 2284
area of approximately 100 square feet, and will include the area from the manhole to the new
pad mounted transformer(Easement Area).
The Administration recommends executing the Easement Agreement in favor of FPL, in the
form attached to this Resolution, as Exhibit "A", for the non-exclusive use of the Easement
Area, as more particularly described in the sketch and legal description attached thereto as
Exhibit "A", in order to provide electrical service to an Indian Creek pump station, located on
Indian Creek Drive, between 31st and 32nd Streets.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City
show that 47% of residents rated City efforts to plan for growth as very satisfied/satisfied. In
order to continue maintaining excellent standards in this area, the City intends to execute the
Indian Creek utility easement.
Applicable Area
South Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Environment & Infrastructure - Make existing and new government buildings, assets and fleet
efficient, sustainable and resilient.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
Indian Creek FPL Easement Resolution
Sketch and Legal
Page 448 of 2284
Wo rk R e q ue st N o .
S e c._27, T wp 53 S, R g e 42 E
02-3226-001-1350
P ar c el 1.D.92-3226-001-1340
(Maintained by County Appraiser)
EASEMENT
(BUSINESS)
This Instrument Prepared By
Name: Brian T. Bellino, P.S.M.
Co. Name: City of Miami Beach
Address: 1700 Convention Center Dr.
Miami Beach, Florida 33139
T h e u n d e rsig n e d , in con sid e ratio n of the pa ym e nt of $1.0 0 an d othe r go o d
an d va lu a b le co n sid e ratio n , the ad e q ua cy and rece ipt of wh ich is h e re by
ackn o w le dg e d , gra nt an d give to F lo rid a Po w e r & Li g ht C o m p a n y, its
affi lia te s, lice n se e s, age nts, su cce sso rs. an d assign s (F P L"), a no n-
exclu sive ea se m e n t fo reve r for th e co n str uctio n , o p e ratio n a nd m a in ten a nce
of o ve rhe a d a n d un d e rgro u n d e le ct ric utility fa cilitie s (in clu d in g w ire s, po le s,
gu ys, ca b le s. co nd u its an d a p p u rt e n a nt eq u ip m e n t) to be in sta lle d fro m tim e
to tim e : wi th the rig h t to re co n stru ct, im p rove , ad d to , en la rg e , change the
vo lta g e as w e ll as the size of, an d re m o ve such faci litie s o r a ny of th e m
w ith in an ea se m e n t de scrib e d as fo llo ws :
S e e Exh ib it "A " ("E a se m e nt A re a ")
T o g e th e r w ith the rig ht to pe rm it F P L to att ach w ire s to any fa cilitie s here u n d e r and la y ca b le an d cond uit wi thin the Ease m ent
Ar e a an d to op e rate the sam e fo r F P L's com m un ic ation s purpo ses in co nn e ct ion wi th el e ctri c ser vic e; the righ t of in gre ss and
eg re ss to the Ea se m e nt A re a at all tim e s; the rig h t to cle a r th e la n d a n d ke e p it cle a re d of all tr ees, unde rgrowt h and other
o b stru ct io ns wi thin the Ea se m e n t A re a ; th e righ t to trim an d cut a nd ke e p trim m e d an d cut all de ad , w eak, le an in g or
da n g e ro u s tre e s or lim bs o utsid e of th e E ase m e nt A re a , w hich m ig h t inte rfere w ith o r fa ll up on th e line s or syste m s of
co m m u n icatio n s or pow er transm issio n or distr ib utio n ; and furt he r gra n ts, to th e fu llest e xt e nt th e undersig ned has the pow er
to g ra nt, if at a ll, the rig hts her ei n a b o ve gran t ed o n the E a se m e n t A rea he retofore de scrib e d , over, along , under and across
the ro a ds, stre e ts or hi a s ad jo ining o r th ro u g h sa id Ea se m ent A re a . fil ft n • I\ \
SSWEREOE, th e u? je rsi gn e d has sign e d an d se al e d this instrum en t on -t/_\} , 2 02e:
I aie? d ~ i------------ By: _
(Vess' Signature]
Print Name: Dan Gelber, Mayor
Print Address: 1700 Convention Center Drive 4th Floor
Miami Beach, Florida 33139
Print Name: _
(Witness)
T h e fo reg o in g in stru m e nt w as ackno w le dg e d b~e m e , by m e an s of ( ) physical presenr or ( ) online notarization.
IM tnes s my signat ure and mfi dal seal tn;s~ day of Cl{VuJ2 '[,¿;í1 , ;n the Co and 4 / BO } 2- '1
sat e at or e sai d. ff[c C. ·'co
(Type of Identification)
My Commission Exp ire s.
MARIA C
0tar Public -
n # HH 045
,4.MN25.i,,,,,5ires Sep 21,
onded through National Notary
Pi
EXHIBIT
S K E T C H T O A C C O M P A N Y LE G A L D E S C R IP TIO N
(THIS DOCUMENT CONTAINS 3 SHEET S AND SHALL NOT BE CONSIDERO FULL AND COMPLETE
WITHOUT THE LEGAL DESCRIPTION SHEET 1, SKETCH SHEET 2, NOTE S AND LEGEND SHEET 3)
LOCATION SKETCH
vO T TO SC AL E
LEGAL DESCRIPTION:
Being an Easement lying in o portion Section 27, Township 53 South, Range 42 East and also lying in
un-numbered lots lying westerly of and adjacent to State Road A1A/AKA Indian Cr eeek Drive and also being
westerly of and adjacent to Block 16 "Amended Plat of the Ocean Front Property of the Miami Beach Improvement
Company according to the Plat thereof as recorded in Plat 5, Pages 8, of the Public Record of Miami-Dade
County, Florido, being more particularly described os follows:
COMMENCE at the Point of Intersection of the Westerly right of way line of State Road A1A/AKA Indian Creek Drive
with the Northerly right of way line of 31st Street/AKA 7th Street (Plat) said point olso being the westerly exention
of the Southerly line of said Block 16; Thence N46'35'16"E along the Westerly right of State Road A1A, AKA Indian
Creeek Drive, a distance of 98.35 feet to the POINT OF BEGINNING; Thence N43"24'44"w departing said westerly
right of way line a distance of 10.00 feet; Thence N4635'16"E parallell with the said Westerly right of way line of
State Road A1A/AKA Indian Creek Drive, a distance of 10.00 feet; Thence S4324'44"E to the intersection with the
said Westerly right of way line of State Road A1A/AKA Indian Creeek Drive, o distance of 10.00 feet; N46'35'16"E,
along the said Westerly right of State Road A1A/AKA Indian Creeek Drive, a distance of 10.00 feet to the POINT OF
BEGINNING.
Containing 100 Square Feet more or less.
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT: in the professional opinion of the undersighned Professional Surveyor and Mapper in the
State of Florida the following SKETCH TO ACCOMPANY LEGAL DESCRIPTON is in compliance and meets the
requirements of the Standards of Practice as set forth by the Florida Board of Professional Surveyors and Mapper
in Rule 5J--17, Florida Administrative Code, pursuant to Section 472.027, Florida Staures. Copies of the Sketch to
Accompany Legal Description is not vaild without the signature and seal of a Florida Licensed Surveyor and Mapper.
The seal appearing on ths document was authorized by Brian T. Bellino, PSM N0.4973 on Decmenber 15, 2020.
¿] ±s,, Pe r l _
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e Pusuc wonks P AR T MeNr FPL_ EASEMENT 1/OO COVEN IO CEA TERR ONV MIAMI SE ACM.FL39139 8RLANT. BELLINO
CI TY S RVE Y OR
PR O JE C T NO .
SM 2020K
S K E T C H T O A C C O M P A N Y L E G A L D E S C R IP T IO N
(THIS DOCUMENT CONTAINS 3 SHEETS AND SHALL NOT BE CONSIDERO FULL AND COMPLET E
W ITHOUT THE LEGAL DESCRIPTION SHE ET 1, SK ETCH SHEET 2, NOTES AND LEGEND SHEET 3)
±
4
S K E T C H T O A C C O M P A N Y LE G A L D E S C R IP TIO N
(THIS DOCUMENT CONTAINS 3 SHEETS AND SHALL NOT BE CONSIDERO FULL AND COMPLETE
WITHOUT THE LEGAL DESCRIPTION SHEET 1, SKETCH SHEET 2, NOTES AND LEGEND SHEET 3)
SURVEYOR'S NOTES:
1. Bearings shown hereon are referenced to the Westerly right of way of State Road A1A AKA Indian
Creek Drive which is assumed to be N43'24'44"W.
1. This Sketch to Accompany Legal Description document contains three Sheets (1.) Legal
Description/Certification, (2.) Sketch of Legol Description (3.) Notes/tegend and is not full and
complete without all sheets.
2. Coordinates (if shown) are relative to the North American Datum of 1983, 2011 adjustment (NAD
83/2011) and is referenced to the Florida State Plone Coordinate System Florida East Zone.
3. The purpose of this Sketch to Accompany Legal Description was to prepare o Lego! Description and
Sketch of an Easement Area. This document is not valid without the signature of the Surveyor and an
authorized seal by the Surveyor or as provided in FS 5J-17-062.
4. Ownership is subject to OPINION OF TITLE.
5. The subject right property shown hereon is located in a portion of Section 27, Township 53 South,
Range 42 East.
6. This is not a Survey. Above and/or underground utilities or other improvements have not been located
or shown hereon. Call Sunshine 811 prior to any design or excvation of the subject area.
LEGEND & ABBREVIATIONS:
POC POINT OF COMMENCEMENT
POB POINT OF BEGINNING
E'LY. EASTERLY
N'LY. NORTHERLY
S'LY SOUTHERLY
ORB OFFICIAL RECORD BOOK
PB
PG
S.R.
R/W
€
PLAT BOOK
PAGE
STATE ROAD
RIGHT--OF-WAY
CENTER UNE
R- RADIUS
CA= CE N TR AL AN GLE
A ARC DISTANCE
CB= CHORD BEARING
CD= CHORD DISTANCE
FOOT FL. DEPT. OF TRANSPORTATION
Pl POINT OF INTERSECTION
PC POINT OF CURVE
REF. REFERENCE
AKA ALSO KNOWN AS
P SM PROFESSIONAL SURVEYOR & MAPPER
3
3 I
£
º
i
EXHIBIT "A"
l--------------.------r-------,.-TITl_E_: TS"SNOT,ASUR,
_,r- a. .1.. I .&. .1 .&. I ,..._ ,- .& ,-.I I ACCEPTED BY: REVISED
5 PUBLIC WORKS DEPARTMENT
'/3O CONVENION C&TEA DE MM @CN, ÉL.39139 8R IAN T. BEL LINO
CI sRvYvOR
IN DIAN CREEK DRIVE
FPL EASEMENT
S-3
PROJECT NO.
SM 2020K