Access Easement with Florida Power & Light Company .'-v'- L -
1 IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII Ilil
CFN 2O22RO1366 ,
OR BK 33021 P s 2375-2381 (7Fas)
RECORDED 02/15/2022 09:23:16
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
This instrument was prepared by
and after recording should be returned to:
Seth S. Sheitelman, Esq.
Florida Power&Light Company
700 Universe Boulevard
Juno Beach,Florida 33408
Parcel ID:02-3226-001-1350
ACCESS EASEMENT
KNOW ALL MEN BY THESE PRESENTS that the CITY OF MIAMI BEACH,
FLORIDA, a Florida municipal corporation ("Grantor"), whose mailing address is 1700
Convention Center Drive,Miami Beach,Florida 33139,for and in consideration of$10.00 and other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,does
hereby grant to FLORIDA POWER & LIGHT COMPANY, a Florida corporation ("FPL"),
whose mailing address is 700 Universe Boulevard,Juno Beach,Florida 33408,Attention:Corporate
Real Estate Department,and to FPL's affiliates,agents,invitees,successors and assigns,contractors
and subcontractors(the term"assigns"meaning any person,firm or corporation owning by way of
assignment all rights under this agreement or a portion of such rights with FPL or its other assigns
retaining and exercising the other rights), the non-exclusive and perpetual right, privilege and
easement over,upon and across that certain parcel of real property located in Miami-Dade County,
Florida as more particularly described in Exhibit A attached hereto and made a part hereof
("Easement Area"),for purposes of vehicular and pedestrian ingress and egress; together with all
rights necessary and convenient for the full use and enjoyment of the Easement Area, including
without limitation the right of ingress and egress to the Easement Area at all times,and the right to
clear the land and keep it cleared of all brush,trees,undergrowth and other obstructions within the
Easement Area.
Grantor reserves the right and privilege to use the Easement Area for all purposes, except as
might interfere or be inconsistent with the use or enjoyment thereof by FPL or its successors or
assigns.
By the execution hereof,Grantor covenants that it has the right to convey this easement and that
FPL and its successors and assigns shall have quiet and peaceful possession,use and enjoyment of this
easement and the rights granted hereby.
[Signature and Acknowledgement Appear on Following Page.]
•
IN WITNESS WHEREOF, Grantor has executed this Access Easement this 2_ day of
Fi eauA R7,2022.
Signed,sealed and delivered CITY OF 1VIIAMI BEACH,FLORIDA
in the presence of: a Florida municipal corporation
kaukFazA ) By: ll, 7.-44-44
Witness Signature: Print N. .•e:_Alina T. Hudak
Print Name: J -(1LL bt P/IJE8® Title: ity Manager
7-3 Attest: FEB 1 0 2022
Witness Si a e: /� Print Name: Rafael E. Granado
Print NameC .h,ry $�tn 4 J�, q Lam{ Title: City Clerk
ACKNOWLEDGMENT
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of 4hysical presence or
❑ online notarization,this lO day of FRtitvr . ,2022,by AL114-A Z. 1.,3 ,as
C t-»e H e.e.r4c,ev of the CITY OF MIAMI BEACH, FLORIDA, a Florida
municipal corporation, on behalf of the City. He/She is Personally Known to me I'OR Produced
as Identification
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
Print Name:
Commission No.:
My Commission Expires:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION " b u�IACARGIuo
':ti% MY COMMISSION�GO 230433
Atitift %k(MCI----.
EXPIRES:August 27,2022
0Joi/ z2Do
' City Attorney 6
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SKETCH TO ACCOMPANY LEGAL DESCRIPTION
THIS DOCUMENT CONTAINS 3 SHEETS AND SHALL NOT BE CONSIDERD FULL AND COMPLETE
WITHOUT THE LEGAL DESCRIPTION SHEET 1,SKETCH SHEET 2,NOTES AND LEGEND SHEET 3)
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THIS IS NOT A SURVEY
MIAMIIAMI BEACH
E �l CH ACCEPfEUBY: REVISED INDIAN CREEK DRIVE S-2
W PUBLIC WORKS DEPARTMENT FPL ACCESS EASEMENT PROJECT NO.
MO CONVENTION CENTER DRIVE,WAI BEACH,R..33130 BRIAN T.BELLINO - - SM 2020KK
CRY SURVEYOR
4
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
(THIS DOCUMENT CONTAINS 3 SHEETS AND SHALL NOT BE CONSIDERD 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 MA AKA Indian
Creek Drive which is assumed to be N4635'16"W.
1. This Sketch to Accompany Legal Description document contains three Sheets (1.) Legal
Description/Certification, (2.) Sketch of Legal Description (3.) Notes/Legend 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
8 83/2011) and is referenced to the Florida State Plane Coordinate System Florida East Zone.
3. The purpose of this Sketch to Accompany Legal Description was to prepare a Legal Description and
Sketch for on Acess Easement. 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.
N 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,
yg 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.
3
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F5 LEGEND&ABBREVIATIONS:
F POC POINT OF COMMENCEMENT R= RADIUS •
POB POINT OF BEGINNING CA= CENTRAL ANGLE
E'LY. EASTERLY A= ARC DISTANCE
$ N'LY. NORTHERLY CB= CHORD BEARING
S'LY SOUTHERLY CD= CHORD DISTANCE
ORB OFFICIAL RECORD BOOK FDOT FL. DEPT. OF TRANSPORTATION
PB PLAT BOOK PI POINT OF INTERSECTION
PG PAGE PC POINT OF CURVE
S.R. STATE ROAD REF. REFERENCE
R/W RIGHT—OF—WAY AKA ALSO KNOWN AS
CENTER UNE PSM PROFESSIONAL SURVEYOR & MAPPER
0
THIS IS NOT A SURVEY
3 MIAMI a IAMI BEACH ACCEPTED BY: REVISED TITLE:
INDIAN CREEK DRIVE S-3
PUBLIC WORKS DEPARTMENT PROJECT NO.
1700 CONVENTION CENTERORNE.MAW BEACH.FL.00108 CITY MAW
T.BELLINO
FPL ACCESS EASEMENT SM 2020KK
5
RESOLUTION NO. 2022-31991
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AN ACCESS EASEMENT AGREEMENT IN FAVOR OF
FLORIDA POWER & LIGHT, SUBJECT TO APPROVAL BY THE CITY
ATTORNEY, FOR THE NON-EXCLUSIVE USE OF A SIX (6) FOOT WIDE
ACCESS EASEMENT ON CITY PROPERTY, HAVING APPROXIMATELY 355.8
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 STATE ROAD A1A
(A/K/A INDIAN CREEK DRIVE)AND THE NORTHERLY RIGHT-OF-WAY LINE
OF 31ST STREET (A/K/A 7TH STREET), FOR ACCESS TO A SEPARATE
EASEMENT AREA USED BY FPL TO MAINTAIN UTILITY FACILITIES.
WHEREAS, on July 31, 2019, the Mayor and City Commission adopted Resolution No.
2019-30915, approving an award of a construction contract (ITB 2019-231-KB) to Ric-Man
Construction Florida, Inc.,the lowest responsive,responsible bidder,for the Indian Creek Phase III
improvements, from 25th to 41 st Streets; and
WHEREAS, a major component of this project is the construction of a pump station
including, but not limited to,the installation of pumps,a generator,and control cabinets,all of which
need to be serviced by Florida Power and Light(FPL); and
WHEREAS, in order for FPL to provide electrical service, FPL needed to install a new
. transformer concrete pad on City property and install, operate and maintain their facilities; and
WHEREAS, on March 17,2021,the Mayor and City Commission adopted Resolution No.
2021-31633, authorizing the City to execute an Easement Agreement in favor of FPL for the non-
exclusive use of a 10'wide utility easement,with a total area of approximately 100 square feet(the
"Benefitted Easement Area"), in order to provide electrical service to an Indian Creek pump
station, located on Indian Creek Drive, between 31st and 32nd Streets; and
WHEREAS,due to the location and site constraints around the proposed FPL transformer
required for the Indian Creek Project, FPL is requesting a separate access easement in order to
safely have their crew access the transformer, located within the Benefitted Easement Area, for
maintenance purposes; and
WHEREAS,the City Manager recommends executing a separate access easement in
favor of FPL, subject to approval by the City Attorney, for the non-exclusive use of the
Easement Area, as more particularly described in the sketch and legal description,
incorporated herein by reference and attached as Exhibit "1" to the City Commission
Memorandum accompanying this Resolution. '
OR Sk 33021 PG 2381
LAST PAGE
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 authorize the City Manager and City Clerk to execute an Access
Easement Agreement in favor of Florida Power& Light, subject to approval by the City
Attorney, for the non-exclusive use of a Six (6) foot wide access easement on City
property, having approximately 355.8 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
State Road Al A(a/k/a Indian Creek Drive)and the northerly right-of-way line of 31st Street
(a/k/a 7th Street), for access to a separate easement area used by FPL to maintain utility
facilities.
PASSED and ADOPTED this a° day of 4biliOrt , 2022
ATTEST:
N (1
=1flCD„PRDBATED
%,.. s* ...;;;W 12--? " —
RAFA L E. GRANADO, Cl " ,GVERK DAN GELBER, MAYOR
JAN 2 5 2022
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
CityrY°
Attorney Date
Exhibit A
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
THIS DOCUMENT CONTAINS 3 SHEETS AND SHALL NOT BE CONSIDERD FULL AND COMPLETE
WITHOUT THE LEGAL DESCRIPTION SHEET 1,SKETCH SHEET 2,NOTES AND LEGEND SHEET 3)
1,1 :41
EASEMENT
sJ
LOCATION SKETCH
• NOT TO SCALE
■
9
LEGAL DESCRIPTION:
Being an Easement lying in a 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 Creeek 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
gcCounty. Florida, being more particularly described as follows:
a
COMMENCE at the Point of Intersection of the Westerly right of way line of State Rood A1A/AKA Indian Creek Drive
with the Northerly right of way line of 31st Street/AKA 7th Street (Plot) said point also being the westerly exention
of the Southerly line of said Block 16; Thence N46'35'16"E along the Westerly right of State Rood A1A, AKA Indian
Creeek Drive, a distance of 39.05 feet to the POINT OF BEGINNING; Thence N4374'44"W departing said westerly
right of way line a distance of 6.00 feet; Thence N46'35'16"E porollell with the said Westerly right of way line of
= State Rood A1A/AKA Indian Creek Drive, a distance of 59.30 feet; Thence S43'24'44"E to the intersection with the
a soid Westerly right of way line of State Rood A1A/AKA Indian Creeek .Drive, o distance of 6.00 feet; S46'35'16"W,
along the said Westerly right of State Rood AlA/AKA Indian Creeek Drive, a distance of 59.30 feet to the POINT
OF BEGINNING.
Containing 355.8 Square Feet more or less.
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SURVEYOR'S CERTIFICATE:
5 I HEREBY CERTIFY THAT: in the professional opinion of the undersighned Professional Surveyor and Mapper in the
State of Florido 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
5 Accompany Legal Description is not voild without the signature and seal of a Florida Licensed Surveyor and Mapper.
ti The seal appearing on the document was authorized by Brian T. Bellino. PSM No.4973 on Decmenber 2. 2021.
BRIAN T. BELLINO, PSM
City Surveyor
Professional Surveyor and Mopper
o State of Florido Reg. No.4973
Dote: 12/02/2021
THIS IS NOT A SURVEY
ACCEP ED BY: REVISED TITLE: i
MIAMI BEACH INDIAN CREEK DRIVE S-1
PUBLIC WORKS DEPARTMENT PROJECT NO.
IMO CO+VENnoN CENTER ORNE.MIAMI BEACR.FL33Di BRIAN T.BELLINO - FPL ACCESS EASEMENT SM 2020KK
CITY SURVEYOR.
3