Resolution 2024-33422RESOLUTION NO.2024-33422
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,APPROVING,IN SUBSTANTIAL FORM,A NON-
EXCLUSIVE UNDERGROUND UTILITY EASEMENT (EASEMENT)IN FAVOR
OF FLORIDA POWER &LIGHT (FPL),IN THE DRAFT FORM ATTACHED TO
THIS RESOLUTION AS EXHIBIT "1",FOR USE OF AN EASEMENT AREA
HAVING APPROXIMATELY 2,830 SQUARE FEET AND LYING IN A PORTION
OF LOT 1,BLOCK 7A,AND A PORTION OF THE 30 FOOT WIDE BRIDLE
PATH (PRIVATE ROAD)LYING EAST OF AND ADJACENT THERETO,ALL AS
SHOWN ON THE "AMENDED PLAT OF GOLF COURSE SUBDIVISION",
ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 6,AT
PAGE 26,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA,
IN CONNECTION WITH THE HOLOCAUST MEMORIAL UNDERGROUNDING
PROJECT,LOCATED AT 1933-1945 MERIDIAN AVENUE,MIAMI BEACH,
WHICH WILL SERVE TO PROVIDE ELECTRICAL SERVICES TO THE
HOLOCAUST MEMORIAL SITE,INCLUDING THE NEW HOLOCAUST
MEMORIAL COMMUNITY LEARNING CENTER;AND FURTHER,
AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE THE
EASEMENT.
WHEREAS,the City is the owner of the property located at 1933-1945 Meridian Avenue,the
current site of the Holocaust Memorial;and
WHEREAS,on January 26,2000,pursuant to Resolution No.2000-23776,the City entered
into a 99-year lease agreement with the Holocaust Memorial Committee,Inc.(the Lease),with a
commencement date of March 8,2000 and expiration date of March 8,2099,to operate and maintain
the Holocaust Memoria;and
WHEREAS,on January 16,2008,the Mayor and City Commission adopted Resolution No.
2008-26732,approving the assignment of the Lease to the Greater Miami Jewish Federation,Inc.
(the Federation),which Assignment of Lease was executed by the City and the Federation with an
effective date of July 1,2008;and
WHEREAS,on July 20,2010,the City and the Federation entered into that certain
Amendment No.1to the Lease,granting the Federation use offive (5)free dedicated parking spaces
(Dedicated Spaces);and
WHEREAS,on July 28,2021,the Mayor and City Commission adopted Resolution No.
2021-31809,approving,on second reading/public hearing,Amendment No.2 to the Lease,
extending the term of the Lease for an additional 21 years,expiring on March 7,2120,and the
expansion of the Leased Premises to include the adjacent municipal parking lot at 775 19 Street
(Additional Premises),which included the Dedicated Spaces,permitting the Federation to develop,
construct,operate and maintain at its sole cost,a state of the art holocaust Memorial Community
Learning Center on the Additional Premises,subject to approval by a vote of at least sixty percent
(60%)of the City's voters voting in a City-wide referendum;and
WHEREAS,on July 28,2021,the City Commission adopted Resolution No.2021-31810,
calling for a Miami Beach Special Election for the purpose of submitting to the City's voters a question
asking whether the City's Lease with the Federation should be extended an additional 21 years and
the leased premises expanded to include the adjacent 12,000 square foot city parking lot,with the
Federation,at its sole expense constructing,operating and maintaining a 7,000 square foot Learning
Center;and
WHEREAS,the Referendum was approved on November 2,2021 and the City and the
Federation executed Amendment No.2 with an effective date of September 12,2023;and
WHEREAS,construction commenced in May 2024,and during construction,it was
discovered that the existing Florida Power &Light ("FPL")overhead lines conflict with the required
10-foot clearance for the new building parapet wall and FPL reached out to the City and the
Federation,advising of the need to install infrastructure within the Memorial site,outside the right-
of-way,as part of the Holocaust Memorial Undergrounding Project,which process will require the
City to execute a Non-Exclusive Underground Utility Easement (Easement)in favor of FPL;and
WHEREAS,the FPL Easement Area is described in the Easement as:Lying over and across
a portion of Lot 1,Block 7A,and a portion of the 30-foot-wide bridle path (Private Road)lying east
of and adjacent thereto,all as shown on "Amended Plat of Golf Course Subdivision",according to
the Plat thereof,as recorded in Plat Book 6,at Page 26,of the Public Records of Miami-Dade County,
Florida;and
WHEREAS,the Administration recommends that the Mayor and City Commission approve,
in substantial form,the Easement in favor of FPL,in the draft form attached to this Resolution as
Exhibit "1",for use of an Easement Area having approximately 2,830 square feet,in connection with
the Holocaust Memorial Undergrounding Project,which will serve to provide electrical services to
the Holocaust Memorial site,including the new Holocaust Memorial Community Learning Center;
and further,authorize the City Manager to finalize and execute the Easement.
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,
in substantial form,a Non-Exclusive Underground Utility Easement (Easement)in favor of Florida
Power &Light (FPL),in the draft form attached to this Resolution as Exhibit "1",for use of an
Easement Area having approximately 2,830 square feet and lying in a portion of Lot 1,Block 7 A,and
a portion of the 30 foot wide bridle path (Private Road)lying east of and adjacent thereto,all as
shown on the "Amended Plat of Golf Course Subdivision",according to the Plat thereof,as recorded
in Plat Book 6,at Page 26,of the Public Records of Miami-Dade County,Florida,in connection with
the Holocaust Memorial Undergrounding Project,located at 1933-1945 Meridian Avenue,Miami
Beach,which will serve to provide electrical services to the Holocaust Memorial site,including the
new Holocaust Memorial Community Learning Center;and further,authorize the City Manager to
finalize and execute the Easement.
PASSED and ADOPTED this _l day or bktwbe 2024.
Steven Meiner,Mayor
ATTEST:
D0EC 1 2 2024
APPROVED AS TO
FORM &LANGUAGE
&FO EXECUTION
)2/2/zoz4-
Date
Work Request No.
Sec.27,Twp 53,Rge 42
Parcel I.D.02-3234-007-0040
(Maintained by County Appraiser)
DRAFT
EXHIBIT "4"
UNDERGROUND EASEMENT.el9sgs).,
Name:Gisela_Torres.Esa.
Co.Name:City of Miami Beach
Address:1700 Convention Center Dr
Miami Beach_Florida 33139
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:
See Exhibit "A"("Easement Area")
Reserved for Circuit Court
Together with the right to permit FPL 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 FPL's communications purposes in connection with electric service;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 hasthepowertogrant,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.
IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument on 2 0_
Signed,sealed and delivered in the presence of:
(Witness'Sigralure)
Print Name.zg7men
Print Address:_
(Witness'Signature)
Print Name:_
(Witness)Print Address:_
City of Miami Beach
By:_
Print Name:
Print Title:
Print Address:_
STATE OF FLORIDA AND COUNTY OF MIAMI-DADE.The foregoing instrument was acknowledged before me by []
physical presence or []on-line notarization.this day of 2O_,by
the of the City of Miami Beach,who is
personally known to me or has produced as identification,and who did (did not)take an oath.
(Type of Identification)
My Commission Expires:
Notary Public,Signature
Print Name _
EXHIBIT "A"
LEGAL DESCRIPTION:
A FLORIDA POWER AND LIGHT (FPL)EASEMENT LYING OVER AND ACROSS A PORTION OF LOT 1,BLOCK 7A,ANO A PORT7ON
OF THE 3O FOOT WIDE BRIDLE PATH (PRIVATE ROAD)LYNG EAST OF AND ADJACENT THERETO,AL AS SHOWN ON
"AMENDED PLAT OF GOLF COURSE SUBDIVISION",ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 6 AT
PAGE 26 OF THE PUBLIC RECORDS OF MIAMI--DADE COUNTY,FLORIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF 19TH STREET AND MERIDIAN AVENUE;THENCE N88'02'33"ALONG
THE CENTERLINE OF 19TH STREET A DISTANCE OF 35.00 FEET;THENCE NO157'46"W,DEPARTING SAID CENTERLINE A
DISTANCE OF 20.00 FEET TO THE INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT 1 WTH
THE WESTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT t;THENCE N88'02'33"E ALONG WESTERLY PROLONGATION
OF SAID SOUTH LINE.,A DISTANCE OF 3OO FEET TO A POINT ON A EAST RIGHT OF WAY LINE OF MERIDIAN AVENUE,
ACCORDING TO THE DE BOOK 4349,PAGES 439 THROUGH 443 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA;THENCE NO157'46"W,ALONG PREVOUSLY DESCRIBED RIGHT OF WAY LINE,A DISTANCE OF 10.56 FEET TO THE
POINT OF BEGINNING OF THE 1O FEET WDE EASEMENT,LYING 5 FEET ON EITHER AND BOTH SIDE OF THE FOLLOWNG
DESCRIBED CENTERLINE;THENCE S76'53'54"FOR A DISTANCE OF 21.72 FEET TO A POINT;THENCE N8802'33"E FOR A
DISTANCE OF 181.37 FEET TO A POINT;THENCE N4548'15"E FOR A DISTANCE OF 12.30 FEET TO A POINT;THENCE
NO1'52'42"w FOR A DISTANCE OF 54.47 FEET TO A POINT;THENCE S8807'35"W FOR A DISTANCE OF 13.24 FEET TO 7HE
POINT OF TERMINATION.
THE EASEMENT RIGHT OF WAY LINES ON EACH SIDE OF SAID CENTERLINE ARE TO BE EXTENDED OR SHORTENED AS
NECESSARY TO MAINTAIN A CONTINUOUS EASEMENT ALONG THE ROUTES DESCRIBED.
SURVEYOR'S NOTES:
THIS IS NOT A BOUNDARY SURVEY.
BEARINGS AS SHOW HEREON ARE BASED ON ASSUMED SYSTEM,WHEREBY THE CENTERLINE OF 19TH STREET BEARS
N88'02'33".
ALL MEASUREMENTS ARE IN US SURVEY FOOT.
THIS SKETCH OF LEGAL DESCRIPTION CONSISTS OF 2 SHEETS;NEITHER IS FULL AND COMPLETE WHOUT THE OTHER.
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION WAS MADE UNDER MY RESPONSIBLE CHARGE ON OCTOBER 10,2024
AND MEETS THE APPLICABLE STANDARDS OF PRACTICE AS SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AN
MAPPERS IN RULES 5J-17.051 AN 5J-17.052 FLORIDA ADMINISTRATIVE CODE PURSUANT TO CHAPTER 472.027 FLORIASTATUTES.
AIMARA DIAZ LA ROSA
Z FLORIDA PROFESSIONAL SURVEYOR AND MAPPER
]LICENSE No.6796
THIS DESCRIPTION AND SKETCH ARE NOT VALID WTHOUT THE SIGNATURE AND RAISED SEAL OF A LICENSED FLORIDA&]suRvYo AN iiAfR.
j =-------------·-·--------------------·--------~------------------------------
e SKETCH TO ACCOMPANY
~~LEGAL DESCRIPTION
£Engineering o n
l 8Design "HOLOCAUST MEMORIAL,iswg;in,gage
"ti,si@.soilMIAMIBEACH"EE
-o www.collicrscngi nccrlng.com 1933-1945 MERIDIAN r ~
?]'f }iii II'el""g r
5l !E]MMu BEA cH ll en@er«,~..";';~,
$l/au=re:EE:zf@cc:]]Mw;g2%%%%8r []i
'o;f~··--------·-·-······-·-·-·~·-··-···--·-~-.,,_r
·-------~
M.AMI
1 of 2
N
}
30 0 30HEH±I
SCAL E :1"=30'
Linear unit of measure:US Survey Foot(1 ft=1200/3937 m)
•Y
se.o'
~~P.O.B.I5s7653'5+E
...._NDl'57'46"W --f 21.72'
$..$.-.t Ile:J 00 J -----:;;r N88'02·33·E 181 37•...Ju-n una IS.sou ii or 1>i .o H-e "lg""re
·..c.]
$INTERCEPTION
LOT 1,BLOCK 7A
AMENDED PLAT OF GOLF COURSE
SUBDIVISION OF THE ALTON BEACH
REALTY COMPANY
(P.B.6,PG.26)
IIS88"07'35"W Ia%.5i'""±10T 1,LOCK7A 1 '5 [
AMENDED PLAT OF GOLF COURSE 1,,_t1 I :-SUBDIVISION OF THE ALTON BEACH R&
I REALTY COMPANY I I~I I f g_I
•cs
1
f e?
Z I N45"48'15"E j w
t--j %'±I
~--NBBviJ.Ji 18137;""~uj f -/t_--
2 weclSOUuwE LOT 1 o
]]19TH STREET
~--~--
l ...--······---------·------------·---·--------------·--==-·--···-----···-------·-··------=·--·-.-·...i:\:SKETCH TO ACCOMPANY i I PROTECT'/OURS,LF2{]LEGAL DESCRIPTION [l 'i'7g3Aui=J I .•rn:r~•.a.v-.ni..<;.r.F<a;..-.1.~r.11]Collie Engineering l ro I g e3pg=Eggiers.[]ll.,6lo._"o -a m
5,&Design [alli er»«G OT7Ta-AT"
I "HOLOCAUST MEMORIAL,owe.Ag%,Z?£80voeslMIAMIBEACH"
5l v s.co s «c og@e«er g s 1933-195MERIDIAN fa..].±@Sh..
?]f )a.g=.E#ff:J)Engineering me:5417764s<]/:±=r s%EE :zz c :=-l]Mg%22$28%T ssr cs
~'11 -•------~--•---·-·-·····
ABBREVIATIONS
P..=PLAT BOOK
PG.=PAGE
C =CENTER LINE=PLAT
C =CALCULATED
S =SREYBY FRI LEA,9OLES INC
P.O.C.=POINT OF COMMENCEMENT
P.0.8.=POINT OF BEGINNING
P.0.T.=POINT OF ERMINA TON
Resolutions -C7 L
MIAMI BEAC H
COMMISSION MEMORA NDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter,City Manager
DATE:December 11,2024
TITLE:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,APPROVING,IN SUBSTANTIAL FORM,A NON-
EXCLUSIVE UNDERGROUND UTILITY EASEMENT (EASEMENT)IN FAVOR OF
FLORIDA POWER &LIGHT (FPL),IN THE DRAFT FORM ATTACHED TO THIS
RESOLUTION AS EXHIBIT "1",FOR USE OF AN EASEMENT AREA HAVING
APPROXIMATELY 2,830 SQUARE FEET AND LYING IN A PORTION OF LOT 1,
BLOCK 7A,AND A PORTION OF THE 30 FOOT WIDE BRIDLE PATH (PRIVATE
ROAD)LYING EAST OF AND ADJACENT THERETO,ALL AS SHOWN ON THE
"AMENDED PLAT OF GOLF COURSE SUBDIVISION",ACCORDING TO THE
PLAT THEREOF,AS RECORDED IN PLAT BOOK 6,AT PAGE 26,OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY,FLORIDA,IN CONNECTION WITH THE
HOLOCAUST MEMORIAL UNDERGROUNDING PROJECT,LOCATED AT 1933-
1945 MERIDIAN AVENUE,MIAMI BEACH,WHICH WILL SERVE TO PROVIDE
ELECTRICAL SERVICES TO THE HOLOCAUST MEMORIAL SITE,INCLUDING
THE NEW HOLOCAUST MEMORIAL COMMUNITY LEARNING CENTER;AND
FURTHER,AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE
THE EASEMENT.
RECO MMENDATIO N
The Administration recommends that the Mayor and City Commission approve the Resolution.
BA CKG RO UND/HISTO RY
The City is the owner of the property located at 1933-1945 Meridian Avenue,the current site of
the Holocaust Memorial.
On January 26,2000,pursuant to Resolution No.2000-23776,the City entered into a 99-year
lease agreement with the Holocaust Memorial Committee,Inc.(the Lease),with a
commencement date of March 8,2000 and expiration date of March 8,2099,to operate and
maintain the Holocaust Memorial located at 1933-1945 Meridian Avenue.The Memorandum of
Lease was recorded in Official Records Book 19624,at Page 2665,of the Public Records of
Miami-Dade County,Florida.
On January 16,2008,the Mayor and City Commission adopted Resolution No.2008-26732,
approving the assignment of the Lease to the Greater Miami Jewish Federation,Inc.(the
Federation),which Assignment of Lease was executed by the City and the Federation with an
effective date of July 1,2008.
On July 20,2010,the City and the Federation entered into that certain Amendment No.1to the
Lease,granting the Federation use of five (5)free dedicated parking spaces (Dedicated Spaces).
On July 28,2021,the Mayor and City Commission adopted Resolution No.2021-31809,
approving,on second reading/public hearing,Amendment No.2 to the Lease,extending the term
of the Lease for an additional 21 years,expiring on March 7,2120,and the expansion of the
Page 345 of 1452
Leased Prem ises to incl ude the adjacent m unicipal parking lot at 77 5 19 Street (Additional
Prem ises),w hich included the Dedicated Spaces,perm itting the Federation to develop,constru ct,
operate and m aintain at its sole cost,a state of the art holoca ust M em orial Com m unity Learn ing
C enter on the A dditional Prem ises,subject to appro val by a vote of at least sixty percent of the
C ity's voters voting in a City -w ide referendum .
O n July 28,2021,the C ity C om m ission adopted Resolution No.2021-31810,ca lling for a M iam i
Beach Special Election for the purpose of subm itting to the C ity 's voters a question asking whether
the C ity's Lease w ith the Federation should be extended an additional 21 years and the leased
prem ises expanded to include the adjacent 12 ,000 square foot C ity parking lot,with the
Federatio n,at its sole expense construct ing,operating and m aintaining a 7,000 square fo ot
Leam ing C enter.The R eferendum was appro ved on Novem ber 2,2021 and the City and the
Federation executed A m endm ent No.2 w ith an effective date of Septem ber 12,2023.
C onstruction com m enced in M ay 2024,and during the construction,it was discovered that the
existing Florida Pow er &Light (F P L")overhead lines conflict with the required 10-foot cleara nce
for the new building parapet w all.FP L has reached out to the City and Federation,advising of
the need to install infr astructure w ithin the M em orial site,outside the right-of-way,as part of the
Ho locaust M em orial U ndergrounding Project.This pro cess will require for the C ity to execute a
N on-E xclusive U ndergro und Utility Easem ent in favor of FP L (Easem ent).
T he FP L Easem ent Area is described in the Easem ent as:Lying over and across a portion of Lot
1,Block 7A ,and a portion of the 30-foot-w ide bridle path (P rivate Road)lying east of and adjacent
thereto,all as show n on "A m ended Plat of Golf C ourse Subdivision",according to the Plat thereof,
as recorded in Plat Book 6,at Page 26,of the Public Records of Miam i-Dade County,Florida.
FISCAL IMPACT STATEMENT
T he execution of the pro posed Easem ent with FP L will not result in any direct cost to the City.
T he granting of this Easem ent is essential to facilitate necessary electrical infrastructure for both
the Pro ject and the H oloca ust M em orial,ensuring uninterrupted utility serv ice.
CONCLUSION
T he A dm inistration recom m ends that the M ayor and City Com m ission adopt the attached
R esolution,appro ving,in substantial form ,the Easem ent in favor of FPL,in the draft form attached
to the R esolution as Exhibit "1",a copy of which is attached hereto,for use of an Easem ent Area
having approxim ately 2,830 square feet and lying in a portion of Lot 1,Block 7 A,and a portion of
the 30 fo ot w ide bridle path (P rivate R oad)lying east of and adjacent thereto,all as show n on the
"A m ended Plat of G olf C ourse S ubdivision",according to the Plat thereof,as reco rded in Plat
Book 6,at Page 26,of the Public Records of M iam i-Dade C ounty ,Florida,in connection with the
H olocaust M em orial U ndergrounding Project,located at 1933-1945 Meridian Avenue,Miam i
Beach,w hich w ill serv e to provide electrical serv ices to the Holoca ust M em orial site,including the
new Ho locaust M em orial C om m unity Learn ing C enter;and further,authorizing the City Manager
to finalize and execute the Easem ent.
Applicable Area
South Beach
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-172
Y es
Is this item related to a G.O.Bond
Project?
No
Page 346 of 1452
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481,
includes a principal engaged in lobbying?N o
If so ,specify the nam e of lobbyist(s)and principal(s):
Departm ent
Public W orks
Condensed Title
Execute N o n-excl usive Utility Easem ent fo r FP L,Holocaust M em orial Underground Pro ject.PW
Page 34 7 of 1452