Amendment to Agreement with Floria Power & Light Company Z02- 1 -311E33
Document prepared by and
after recording return to:
Seth Sheitelman,Esq.
Florida Power&Light Company
700 Universe Boulevard
Juno Beach,Florida 33408
AMENDMENT TO EASEMENT
THIS AMENDMENT TO EASEMENT ("Amendment") is made and entered into this
day of ,2022 by and between the CITY OF MIAMI BEACH,FLORIDA,a Florida
municipal corporation("Owner")and FLORIDA POWER&LIGHT COMPANY,a Florida corporation
("Company"). Owner and Company are sometimes collectively referred to as the "Parties" and
individually as"Party".
Recitals
WHEREAS,Owner and Company are parties to that certain Easement dated October 25,2021 and
recorded in Official Records Book 32847,Page 3965 of the Public Records of Miami-Dade County,Florida
under CFN 20210852135 and re-recorded in Official Records Book 32911,Page 4078 of the Public Records
of Miami-Dade County,Florida under CFN 20210947161 ("Easement"); and
WHEREAS, Owner and Company wish to amend the Easement as set forth herein.
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00), and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, it is
mutually agreed as follows:
1. Recitals. The foregoing recitals are true and correct and incorporated herein by this
reference. All initially capitalized terms not otherwise defined in this Amendment shall have the same
meaning ascribed to such terms in the Easement.
2. Easement Area. The plan and profile drawing attached as the last page of Exhibit B of the
Easement is hereby deleted in its entirety and replaced with the new plan and profile drawing more
particularly depicted and described on Exhibit B-1 attached hereto and incorporated herein by this reference.
3. No Further Modifications. Except as expressly modified by this Amendment, the
Easement remains in full force and effect and is unmodified. In the case of any conflicts between the terms
of the Easement and this Amendment, the terms of this Amendment shall control. This Amendment may
be executed in several counterparts, each of which shall be deemed an original but together shall constitute
one agreement.
[Signatures and acknowledgments appear on following pages.]
1
IN WITNESS WHEREOF,Company and Owner has hereunto set their hands and affixed its seals
as of the date first above written.
Witness: OWNER:
CITY OF MIAMI BEACH, FLORIDA, a
Florida 'cipal corporation
ect
Print Name: Li/i a e'4v'e4i/o :Alina T.Hudak
SAA421w4j4EU • e: City Manager
Print Name: f{00i44110. SUJA Attest:
Print Name:Rafael E. Granado
Title: City Clerk
ACKNOWLEDGMENT
e
t NCORP ORATED
STATE OF FLORIDA ) y,?�.. 1 .`'p=
) SS: 2�"^P_
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization,this day of ,2022,by
as of the CITY OF MIAMI BEACH, FLORIDA, a Florida
municipal corporation, on behalf of the City.
[NOTARIAL SEAL] Notary:
Print Name:
Notary Public, State of Florida
My commission expires:
❑ Personally Known OR❑ Produced Identification
Type of Identification Produced
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
2
City Attorney /L\ Date
A41i
Witness: COMPANY:
Florida Power&Light Company,
a Florida corporation
By:
Print Name: Name:
Title:
Print Name:
ACKNOWLEDGMENT
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me by means of ❑physical presence
or 0 online notarization, this _day of , 2022, by
as of Florida Power& Light Company, a Florida corporation, on
behalf of the corporation.
[NOTARIAL SEAL] Notary:
Print Name:
Notary Public, State of Florida
My commission expires:
❑ Personally Known OR 0 Produced Identification
• Type of Identification Produced
3
Exhibit B-1
Plan and Profile Drawing
4
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•
PROFILE VIEW
NOTES
I. THE MARS DROWN Icl¢O)ORE MO 0R MORD COLIMENIS OMR MIMES DAY EE61
ISO 061200RE01HROMEN FOE RECORD DIM 1HE CONTRACTOR NM vary DE DAEC
L0)12+1 001x 1,041)AE 40 ORDEAL OF RUE DIRORS 02-45 DE"'PROMO(
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�/���/� 2. ALL PERIM Rea ARE ILO'ONF55 MONDE NO1E0.
SA97ER 1 Iu 1REE5 N PERIMMxl 12+0410 TO 0 RNa20 RC TIE Cm INCTOR 0 IS 30 60 90 FEET 0 6 17 IB FEET
�� ENGINEERS I. All FOES el 11a WORM 10101RIILIW EASEMG 10 IC 210E0 M IRIREO BE 1I¢
KnowwhrFs below. COv11un0R IS 01EMI5EO er 11E COInPx10R 10 PERFORM 11E ROBE HORIZONTAL SCALE P=30' MEBDCAL SCALE 1-•6'
Cell before you dig. 6 NOM 11C an OF MP BEM RCM o uv.ASRME1 RE5IERRION M.BE 25'FROM
BON SCEs OF 1Raa
DATE 06-22-2021 I SCALE AS SHOWN 1 JOB#140370
MIAMI BEACH TO ALTON &
FLORIDA POWER&LIGHT SHEET I OF 1
DR DRC ER D VENETIAN TO ALTON RNO
DFJ 10-27-22 ISSUED FOR PERH11 DRC SC) CH SCO COR EXHIBIT 8-1
Du 0 00-22-21 ISSUED FOR PERun DRC SCG CQ 1= r.e APPROVED _ 69kV UNDERGROUND TRANSMISSION LINE PROFILE EASEMENT 1
ER NO OM RENNON In CH CokAPP ER NO OA. REVmoN BY CH COCAIN. MIAMI BEACH GOLF CLUB
CFN:20210947161 BOOK 32911 PAGE 4078
DATE:12/17/2021 01:23:54 PM
DEED DOC 0.60
HARVEY RUVIN,CLERK OF COURT,MIA-DADE CTY
DOCUMENT COVER PAGE
Document Title: Easement
Return Document To/Prepared By:
Ignacio Sarmiento
Florida Power &Light Company
4200 West Flagler Street
Miami,Florida 33134
Parcel#102
Property ID#02-3227-000-0100
NOTE TO CLERK: THIS EASEMENT IS BEING RE-RECORDED FOR THE
PURPOSE OF ADDING A COPY OF RESOLUTION NO. 2021-31783 TO THE END OF
THE ORIGINAL EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 32847,
PAGE 3965 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA •
UNDER CFN 20210852135, AND ALL DOCUMENTARY STAMP TAXES AND
SURTAXES HAVE BEEN PAID IN CONNECTION WITH THE RECORDING OF
THAT EASEMENT. IN THIS REGARD, NO DOCUMENTARY STAMP TAXES ARE
DUE HEREON.
CFN:20210947161 BOOK 32911 PAGE 4079
CFN:20210852135 BOOK 32847 PAGE 3965
• DATE:11/15/2021 09:00:19 AM •
DEED DOC 1,037.40
SURTAX 778.05
Prepared by and Return to: HARVEY RUVIN,CLERK OF COURT,MIA-DADE CTY
Ignacio Sarmientbo
Florida Power and Light Company
4200 West Flagler Street
Miami,Florida 33134
Parcel#102
Property ID#: 02-3227-000-0100
2021 - 31783
EASEMENT
THIS EASEMENT dated this 2S day of 0 , 2021 is by and
between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, whose
address is 1700 Convention Center Drive, Miami Beach, Florida 33139 ("Owner"), and
FLORIDA POWER & LIGHT COMPANY, a Florida corporation, its contractors, agents,
successors and assigns, whose address is P.O. Box 14000, Juno Beach, Florida 33408-0420
("Company"). For and in consideration of the sum of ONE HUNDRED SEVENTY-TWO
THOUSAND NINE HUNDRED and NO/100 DOLLARS ($172,900.00) and other good and
valuable consideration paid by Company, the receipt and sufficiency whereof is hereby
acknowledged by Owner, Owner does hereby grant, bargain, sell and convey to Company, its
contractors, agents, successors, and assigns, easement interests and rights for the purposes
described and set forth in the attached Exhibit A in, on, over, under, upon and across the lands
located in Miami-Dade County, Florida described as Parcel 102 in the attached Exhibit B, each
exhibit being incorporated herein by reference.
(Executions and Acknowledgments on following pages.)
CFN:20210852185 BOOK 32847 PAGE 5988
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument on the date
set forth below.
Signed,sealed and delivered CITY OF MIAMI BEACH,FLORIDA
in the presence of: a Florida municipal corporation
•
By.
e iuna Print e: Alina T.Hudak
rint Name: f i g r ,,�, Title: City Manager
'�J
� Attest:
Witness Si afar �) Print Name: afael E. Granado
Print Nam : -(4)t--(tck 9. Cc,rn.-'^ Title: City Clerk
• "CC>\' i
ACKNOWLEDGMENT �,"
/7 ;Y _
STATE OF FLORIDA ) � � I
•
COUNTY OF MIAMI-DADE ) fit`;/`. ( . '
The foregoing instrument was acknowledged before me by means of El physical presence
or❑online notarization,this a 5 day ofOd)bQ . ,2021,by Aline. T. Hudak
as City Manager of the CITY OF MIAMI BEACH, FLORIDA, a
Florida municipal corporation, on behalf of the City. He/She is Personally Known to me ❑ OR
Produced as Identification
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
•
cimsagA4Q, ,j..--e.
NOTARY PUBLIC, STATE OF FLORIDA
Print Name: Fe.,RNOttik SiulA
Commission No.:
My Commission Expires:02l N f QQDa,
APPROVED AS TO . S►lgtp, FERNANDASILVA
FORM & LANGUAGE • • '_". •;ks MY COMMISSION#cs230013
& FOR EXECUTION 1'1.:�;-�P;; EXPIRES:August27,2022
•/' ' .„*;°•` BondedTruNotaryPublicUnderwriters
6/14 ,
4di City Attorney to
`/"rt
CFN:20210842185 BOOK 32847 PAGE 3987
Exhibit A
Underground Easement Rights To Be Acquired
Parcel 102 (Permanent Underground Transmission Easement). A perpetual, non-exclusive
easement for the Company,and its agents, successors and assigns,to be used for the construction,
operation and maintenance of an underground electric transmission line,with all rights necessary
and convenient for the full use thereof, including cables, wires, fiber optic, markers, boxes,
manholes and conduits to be used for the construction, operation and maintenance of the
underground transmission line, and all necessary appurtenant equipment (collectively, the
"Electrical Facilities"), under, on, through and across the lands located in Miami-Dade County,
Florida described as Parcel 102 in Exhibit B attached hereto and incorporated herein by this
reference (the "Transmission Easement Area"), together with the rights to repair, reconstruct,
inspect, alter, improve, change the voltage as well as the size of, abandon in place, replace with
another,remove or relocate within the Transmission Easement Area such Electrical Facilities in,
under, on, through and across the Transmission Easement Area, with all rights necessary or
convenient for the full enjoyment or use thereof for the above-mentioned purposes;
provided that, except in the event of an emergency, Company will coordinate all work authorized
pursuant to this Easement with Owner in order to minimize disruption of the Owner's use of its
lands;
provided that, Company accepts the Transmission Easement Area on an "as is" "where is"basis
and assumes all risk with respect to the condition thereof, without limitation, thereunder or
appurtenant thereto,whether known or unknown to Owner;
provided that, Company shall not (either with or without negligence) cause or permit the use,
storage,generation,escape,disposal or release of any Hazardous Substances of Hazardous Wastes
in any manner not sanctioned by law. For the purposes of this Agreement,"Hazardous Substances"
shall mean,without limitation,all hazardous toxic substances,wastes and materials, all pollutants
and contaminants and any other similar substances or materials which are included under or
regulated by any present or future Environmental Laws. The term "Environmental Laws" means
any local, state or federal law,rule or regulation pertaining to protection of human health and the
environment, or environmental contamination, clean-up or disclosure including, without
limitation, the federal Comprehensive Environmental Response Compensation and Liability Act
of 1980, the federal Resource Conservation and Recovery Act of 1976, and any applicable law
concerning waste management for the state where the Premises is located, and amendments
thereto,and regulations adopted pursuant to all such statutes,as amended. In all events,Company
shall be responsible for remediating any damage caused from the release of any Hazardous
Substances or Hazardous Wastes on the Transmission Easement Area caused by Company or
persons acting under Company;
provided that,no surface structures shall be placed within the Transmission Easement Area by the
Company and that the Company shall not restrict vehicular access through, or otherwise enclose,
the Transmission Easement Area;
provided that, subject to the Company's acquired easement rights herein, to the extent the
Company's use of the Transmission Easement Area results in damage to improvements within the
CFN:20210882185 BOOK 32047 PAGE 8082
Transmission Easement Area, the Company will repair or replace such improvements with the
same, like or better quality, at their original location(to the extent practicable);
provided that, any existing buildings or structures, and appurtenances thereto, located within the
Transmission Easement Area shall be allowed to remain, and to be maintained, repaired and
reconstructed in their current locations, and provided further that, to the extent otherwise legally
permissible, such existing buildings or structures, and appurtenances thereto, may be enlarged or
expanded with the express written consent of the Company which permission shall not be
unreasonably withheld, delayed or conditioned by Company;
provided that, subject to the foregoing,the following shall be reserved to the owner(s)of each said
property, and its agents, successors and assigns (the"Owner"): the right and privilege to use the
Transmission Easement Area for all other purposes permitted,except as herein stated, or as might
interfere or be inconsistent with the Company's use, occupation, maintenance or enjoyment
thereof,provided that no building or structures,other than fences,driveways,entry roads,surface
parking, sidewalks,landscaping or signs,which do not interfere with the Company's use,will be
located or constructed by the Owner on the Transmission Easement Area, without the written
permission of the Company,provided further,that the Owner shall not excavate any portion of the
Transmission Easement Area without the written permission of the Company. Where provided
herein that the Owner's use of the Transmission Easement Area is subject to written permission of
the Company,such permission shall not be unreasonably withheld or conditioned by the Company;
provided that, all notices hereunder shall be in writing and shall be given by (1) established
national courier.service which maintains delivery records, (ii) hand delivery, or (ii)certified or
registered mail, postage prepaid, return receipt requested to the addressees contained herein,
effective upon receipt, or upon attempted delivery if delivery is refused;
If to Owner: City of Miami Beach,Florida
1700 Convention Center Drive
Miami Beach,Florida 33139
Attention: Parks Department Director
With copy to: City of Miami Beach
City Manager
1700 Convention Center Drive
Miami Beach,Florida 33139
If to Company: Florida Power&Light Company
700 Universe Boulevard
Juno Beach,Florida 33408 •
Attention: Corporate Real Estate Department
With copy to: Florida Power&Light Company
700 Universe Boulevard
Juno Beach,Florida 33408
Attn: General Counsel; and
CFN:20210952185 BOOK 32947 PAGE 3089
provided that, the parties further agree that nothing contained herein shall be construed or
interpreted as(1)denying Owner any remedy or defense available to Owner under the laws of the
State of Florida; (2) the consent of Owner to be sued; or (3) a waiver of sovereign immunity by
Owner beyond the waiver provided in Section 678,28,Florida Statutes.
CFN:20210852185 BOOK 32847 PAGE 5085
Exhibit B
Easement Area
CFN:20210852185 BOOK 32941 PAGE 39E5
LEGAL DESCRIPTION:
A PORTION OF SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, LYING AND BEING IN MIAMI—DADE COUNTY,
FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 14, BLOCK 11—A OF "RESUBDIVISION OF BLOCK 11—A ISLAND VIEW
ADDITION", AS RECORDED IN PLAT BOOK 40, PAGE 12, OF THE PUBUC RECORDS OF MIAMI—DADE COUNTY, FLORIDA,
ALSO BEING THE NORTHEAST CORNER OF LOT 13 OF SAID BLOCK 11—A; THENCE SOUTH 63'15'48" EAST, A DISTANCE
OF 143.02 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING A POINT ON THE EAST RIGHT—OF—WAY OF
MICHIGAN AVENUE, SAID POINT ALSO BEING A POINT ON THE ARC OF A NON TANGENT CURVE CONCAVE
NORTHEASTERLY WITH A RADIUS OF 75,00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 37'20'52° WEST);
THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID EAST RIGHT—OF—WAY LINE THROUGH A CENTRAL ANGLE OF
21'25'12" AND AN ARC LENGTH OF 28.04 FEET; THENCE NORTH 31'13'18" WEST ALONG SAID EAST RIGHT—OF—WAY A
DISTANCE OF 4.11 FEET; THENCE NORTH 01'46'41" WEST A DISTANCE OF 27.50 FEET TO A POINT OF CURVATURE OF
A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 40.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 32'12'01" AND AN ARC LENGTH OF 22.48 FEET; THENCE NORTH
33'58'41" WEST A DISTANCE OF 85.35 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY WITH A
RADIUS OF 10.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
87'22'34" AND AN ARC LENGTH OF 15.25 FEET; THENCE SOUTH 58'38'45" WEST 4.52 FEET TO A POINT ON SAID
EAST RIGHT—OF—WAY OF MICHIGAN AVENUE; THENCE NORTH 31'13'18" WEST ALONG SAID EAST RIGHT—OF—WAY LINE
20.00 FEET; THENCE NORTH 58'38'45" EAST 4.47 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHERLY WITH A RADIUS OF 30.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 87'22'34" AND AN ARC LENGTH OF 45.75 FEET; THENCE SOUTH 33'58'41" EAST A DISTANCE OF 85.35
FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS. OF 60.00 FEET; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32'12'01" AND AN ARC LENGTH OF
33.72 FEET; THENCE SOUTH 01'46'41" EAST 52.38 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING AND BEING IN THE CITY OF MIAMI—BEACH, IN MIAMI—DADE COUNTY, FLORIDA, CONTAINING 3,803 SQ.
FEET (0.0873 ACRES) MORE OR LESS.
SURVEY NOTES:
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER.
2. GRID BEARINGS SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE,
MERCATOR PROJECTION, NORTH AMERICAN DATUM OF 1983 WITH THE 2011 ADJUSTMENT (NAD 83/11), AND
ESTABLISHED BY GLOBAL POSITIONING SYSTEM (GPS) — REAL TIME KINEMATICS (RTK) METHODS, USING THE TRIMBLE
VIRTUAL REFERENCE STATION (VRS) NETWORK AND HAVING A REFERENCE BEARING OF S88'02'58"W ALONG THE
SOUTH LINE OF LOT 14, BLOCK 11—A (PLAT BOOK 40, PAGE 12, MIAMI DADE COUNTY RECORDS).
3. THIS IS NOT A SURVEY.
4. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP, OR OTHER
INSTRUMENTS OF RECORD.
5. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
6. THIS DOCUMENT IS NOT FULL AND COMPLETE WITHOUT ALL SHEETS, CONTAINING A TOTAL OF (2) SHEETS.
CERTIFICATE:
TO: THE CITY OF MIAMI BEACH
I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS
DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION AS PREPARED UNDER MY DIRECTION ON
JULY 25, 2019. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE
SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED
HEREON.
KCI TECHNOLOGIES �a'AMI 4 H Y
3enjamin B Hoyle 0 � ,6
2021.06.23
BY: BENJAMIN B. HOYLE, P.S.M. 2 STATE OF 41
1
FLORIDA REGISTRATION NO. 6769 00 04— 1 3:52:04 Gi°� FLORIDA 64.
EXHIBIT B - 20' PERMANENT EASEMENT
Z:\PROJECTS\511900148 ROWER\02L ALTON—VENETIAN_EASEMENTS\SURVEY\CAD\511900148 SO—ALTON VENETIAN 4.2—REV210823.DWG
SKETCH AND DESCRIPTION DATE 7/25/2019 DATE REVISIONS ENGINEERS PLANNERS SCIENTISTS
MIAMI BEACH GOLF CLUB REVISE
SCALE AS SHOWN 6/23/21 NOTES �: CONSTRUCTION MANAGERS `�3
A PORTION OF SECTION
34, TOWNSHIP 53 SOUTH, T
FIELD BK. N/A UcEI1 E.lfilfi•, .kd.r"m
K 1 CEi1SED BUSINESS N0.6901
RANGE 42 EAST DWG. BY SKN
CITY OF MIAMI BEACH, SHEET NO. 1 OF 2 SHEETS
MIAMI-DADE COUNTY, FL CHK. BY BBH PROJECT NO. 511900148.02L
CFN:20210852185 BOOK 32847 PAGE 8888
�- EAST R/W LINE
N. MICHIGAN AVE.
/• ' \ \
N58'38'45"E
16 •/ �� 4.47' L=45.75'
/ 15 > >' `\ `�-R=30.00' MIAMI BEACH
/ALTON POINTE LLC A=.,87.22'34" GOLF COURSE
/FOLIO: 02-3234-001-0140 \ N31'13'18"W
G- 02 '---\ lc
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ALTON POINTE LLC 85.35' \
FOLIO: 02-3234-001-0130 \ k L=33.72'
L=22.48 \
� � R=60.00'
S88'02'S8"W_,(REFERENCE BEARING S+ R=40.04� �d=32'12'O1"
` s3' 32'12'Oi
SOUTH LINE LOT 14, P.O.C. �`:754$., �/
BLOCK 11-A) SOUTHEAST CORNER r43 ``.F N01'46'41"W 1 I o� i
LOT 14 02' �\ 27.5O' I I ��;o ry
I 13 N31'13'18"W �` i
ALTON POINTE LLC S01'46 41"E
FOLIO: 02-3234-001-0120 4.11' ``.., I // 52.38'
_-1 -- __------- L=28.04'
R=75.00'
0=21'25'12" P.O.B- \ _
-- - — — ----
19TH ST.
V
NOTE: LEGEND:
THIS DOCUMENT IS NOT M.D.C.R. MIAMI DADE COUNTY RECORDS
FULL AND COMPLETE
WITHOUT ALL SHEETS, LB LICENSED BUSINESS
CONTAINING A TOTAL OF P.B. PLAT BOOK
(2) SHEETS
P . PAGE
P.O.B. POINT OF BEGINNING
GRAPHIC SCALE P.O.C. POINT OF COMMENCEMENT
50' 0 50' P.L.S. PROFESSIONAL LAND SURVEYOR
R RADIUS
CENTRAL ANGLE
( IN FEET ) L ARC LENGTH
SQ. FT. SQUARE FEET
EXHIBIT B -20' PERMANENT EASEMENT R/W RIGHT-OF-WAY
Z:\PROJECTS\811900148 POWER\02ULLTON-VENETIAN-E/SENENTS\SURYEV\OAD\811900148 SD-ALTON VENETIAN 4.2-REV210823.DWG
SKETCH AND DESCRIPTION DATE 7/25/2019 DATE REVISIONS —;= ENGINEERS I PLANNERS I SCIENTISTS
MIAMI BEACH GOLF CLUB REVISE
SCALE AS SHOWN fi/23/21 NOTES smorasmomm
CONSTRUCTION
NNTIILIOva,s.FGER15d�I.>z33>�
A PORTION OF SECTION 77 6500 N. m Marren• Avkd.com
34, TOWNSHIP 53 SOUTH, FIELD 8K. N/A K C 1 9NOSED BUSINESS NO.6901
RANGE 42 EAST DWG. BY SKN
CITY OF MIAMI BEACH, SHEET NO. 2 OF _2_SHEETS
MIAMI—DADE COUNTY, FL CHK. BY BBH PROJECT NO. 511900148.02L
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CFN:20210947161 BOOK 32911 PAGE 4088
RESOLUTION NO. 2021-31783
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER AND THE CITY CLERK TO EXECUTE THE FOLLOWING
INSTRUMENTS IN CONNECTION WITH THE MIAMI BEACH ALTON-
VENETIAN UNDERGROUND TRANSMISSION LINE PROJECT: (1) TWO
(2) PERPETUAL, NON-EXCLUSIVE EASEMENTS IN FAVOR OF FLORIDA
POWER & LIGHT COMPANY (FPL) IN CONNECTION WITH THE
INSTALLATION, OPERATION AND MAINTENANCE OF UNDERGROUND
ELECTRIC UTILITY FACILITIES: (I) A TEN (10) FOOT WIDE EASEMENT,
HAVING AN AREA OF APPROXIMATELY 3,352 SQUARE FEET,
LOCATED AT FLAMINGO PARK, WITHIN IN A PORTION OF LOT 7,
BLOCK 63, OF "THE OCEAN BEACH FLORIDA ADDITION NO. 3",
RECORDED IN PLAT BOOK 2, AT PAGE 81, FOR A TOTAL ONE-TIME
USE FEE OF $258,500, ATTACHED TO THIS RESOLUTION AS EXHIBIT
"A"; AND (II) AN EASEMENT, HAVING AN AREA OF APPROXIMATELY
3,803 SQUARE FEET, LOCATED AT THE MIAMI BEACH GOLF COURSE,
ALONG A PORTION OF LOTS 13 AND 14, BLOCK 11-A, OF
"SUBDIVISION OF BLOCK 11-A ISLAND VIEW ADDITION", RECORDED
IN PLAT BOOK 40, AT PAGE 12, FOR A TOTAL ONE-TIME USE FEE OF
$172,900, ATTACHED TO THIS RESOLUTION AS EXHIBIT "B"; AND (2)
THREE (3) LICENSE AND USE AGREEMENTS FOR THE STAGING OF
CONSTRUCTION EQUIPMENT AND PARKING OF CONSTRUCTION
VEHICLES IN CONNECTION WITH THE PROJECT: (I) A LICENSE AND
USE AGREEMENT, FOR USE OF APPROXIMATELY 43,011 SQUARE
FEET, LOCATED AT FLAMINGO PARK, ALONG MICHIGAN AVENUE,
FOR AN ANNUAL USE FEE OF $437,300, ATTACHED TO THIS
RESOLUTION AS EXHIBIT "C"; (II) A LICENSE AND USE AGREEMENT
FOR WORKING AREA, FOR USE OF APPROXIMATELY 10,302 SQUARE
FEET, LOCATED AT THE MIAMI BEACH GOLF COURSE, ALONG
MICHIGAN AVENUE, FOR AN ANNUAL USE FEE OF $102,500,
ATTACHED TO THIS RESOLUTION AS EXHIBIT "D"; AND (III) A
LICENSE AND USE AGREEMENT FOR PIPE PERIMETER, FOR USE OF
APPROXIMATELY 35,581 SQUARE FEET, LOCATED AT THE MIAMI
BEACH GOLF COURSE, ALONG NORTH MICHIGAN AVENUE AND
ALTON ROAD, FOR AN ANNUAL USE FEE OF$340,000, ATTACHED TO
THIS RESOLUTION AS EXHIBIT "E".
WHEREAS, Florida Power& Light Company ("FPL") has a project to construct a new
electric substation and underground transmission line to service customers within the City of
Miami Beach; and
WHEREAS, the new Alton Substation is located on 4th Street, between Michigan and
Lenox Avenues, and its design has been approved by the City's Design Review Board; and
WHEREAS, the new underground transmission line will run from the existing Miami
Beach Substation, along an underground path parallel to the MacArthur Causeway, to the new
Alton Substation on 4th Street, to the existing Venetian Substation underground along Michigan
Avenue to 19th Street; and
CFN:20210947161 BOOK 32911 PAGE 4089
WHEREAS, the addition of this new substation and underground transmission line will
. enhance the reliability and resiliency of the electric grid for the City's FPL customers and FPL
has conducted outreach to the communities impacted by the construction of this project through
meetings with the neighborhood associations, a public information meeting, and mailing of
nearly 16,000 letters with project fact sheet to customers in the area; and
WHEREAS, the new Alton Substation Project will be an unmanned facility that will
operate quietly and'complement the surrounding community infrastructure and the substation
exterior was designed by renowned architect Kobi Karp and was approved by the Miami Beach
Design Review Board; and
WHEREAS, the areas impacted are as follows:
• Construction zone roadways, sidewalks, and vegetation along the route will be impacted.
However, FPL will be fully restoring impacted sites,
• Locations with permanent easement include Flamingo Park between 11th and 12th Street,
and the Miami Beach Golf Course Perimeter on the corner of Dade Boulevard, 19th Street
and the North Michigan Avenue intersection,
O Locations with temporary staging include Flamingo Park along Michigan Avenue and 13th
Street; the Miami Beach Golf Course Perimeter along North Michigan Avenue and Alton
Road; and the Miami Beach Golf Course Manhole Area in the southwest corner at the
intersection of Dade Boulevard and North Michigan Avenue,
• FPL will meet the City's requirement of a minimum 6' fencing with windscreens surrounding
all work and staging areas; and
WHEREAS, installation of a new underground transmission line will require the
transmission power lines to be placed underground and the project timeline has included "no
work" periods that the City of Miami Beach requires for high impact events; and
WHEREAS, FPL plans for crews to work during daytime hours and to observe a
Monday through Saturday work schedule and open trenching is limited to 4th, 5th, and 19th
streets; and
WHEREAS, during the directional bore drilling phase, there will be noise due to
equipment; however, FPL has worked with the contractor to reduce equipment noise by placing
sound walls around drilling sites and mufflers on the equipment; and
WHEREAS, the Administration recommends approval of the permanent Easements
and License and Use Agreements, attached to this Resolution, in order for FPL to move forward
with the Miami Beach Alton-Venetian Underground Transmission Line Project.
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 City Manager and the City Clerk to execute the
following instruments in connection with the Miami Beach Alton-Venetian Underground
Transmission Line project: (1) two (2) perpetual, non-exclusive easements in favor of Florida
Power& Light Company(FPL) in connection with the installation, operation and maintenance of
underground electric utility facilities: (i) a ten (10) foot wide easement, having an area of
approximately 3,352 square feet, located at Flamingo Park, within in a portion of Lot 7, Block 63,
CFN:20210947161 BOOK 32911 PAGE 4090
of "The Ocean Beach Florida Addition No. 3", recorded in Plat Book 2, at Page 81, for a total
one-time use fee of$258,500, attached to this Resolution as Exhibit"A"; and (ii) an easement,
having an area of approximately 3,803 square feet, located at the Miami Beach Golf Course,
along a portion of Lots 13 and 14, Block 11-A, of "Subdivision of Block 11-A Island View
Addition", recorded in Plat Book 40, at Page 12, for a total one-time use fee of $172,900,
attached to this Resolution as Exhibit"B"; and(2)three(3) License and Use Agreements for the
staging of construction equipment and parking of construction vehicles in connection with the
Project: (i) a License and Use Agreement, for use of approximately 43,011 square feet, located
at Flamingo Park, along Michigan Avenue, for an annual use fee of$437,300, attached to this
Resolution as Exhibit "C"; (ii) a License and Use Agreement for working area, for use of
approximately 10,302 square feet, located at the Miami Beach Golf Course, along Michigan
Avenue, for an annual use fee of$102,500, attached to this Resolution as Exhibit"D"; and(iii) a
License and Use Agreement for pipe perimeter, for use of approximately 35,581 square feet,
located at the Miami Beach Golf Course, along North Michigan Avenue and Alton Road, for an
annual use fee of$340,000, attached to this Resolution as Exhibit"E".
PASSED and ADOPTED this 28th day of July, 2021.
•
ATTEST:
Dan Gelber, Mayor
7-21 sib- Zcn1
• Rafael E. Granado, City Clerk •
•
•
•
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Ciiy Attorney Date
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
OFFICE OF THE CITY ATTORNEY •
Tel:305-673-7000 Ext 6955
MEMORANDUM
Date: August 16, 2022
To: Alina T. Hudak, City Manager
---7
F m: Gisela Nanson Torres, Senior Assistant City Attorney
Ext. 6955/Fax: 305-673-7002/giselatorres(a�miamibeachfl.gov
Re: Amendment to Sketch for FPL Easement located at Golf Course; Reso No. 2021-
31783.
Dear Alina:
Attached please find the above referenced document for execution.
Once fully signed, please forward to the Clerk or advise me and I will bring down to him
for attestation. Thereafter, FPL will execute and record and I will provide clerk with the
recorded copy.
Should you have any questions, please do not hesitate to call me.
Best regards,
giada
MIAMIEEACH
Gisela Manson Torres,
Senior Assistant City Attorney
Tel:305-673-7000 Ext.6955/giselatorres(p7miamibeachfl.gov