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C7H-Grant Utility Easement To FPL Flamingo Park Tennis CenterCOMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And The City Clerk To Grant A Utility Easement To Florida Power And Light At Flamingo Park For The Installation And Maintenance Of A Transformer And Conduits That Will Serve The Flamingo Park Tennis Center. Key Intended Outcome Supported: Ensure Well-Designed, Quality Capital Projects. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community satisfaction survey indicates that 87.3% of South Beach and Belle Isle residents rate the appearance and maintenance of the City's public buildings as Excellent and Good. Issue: Shall the City Commission adopt the Resolution? Item Summary/Recommendation: As part of the Flamingo Park Tennis Center Project, a new Florida Power & Light (FPL) transformer will power the Flamingo Park Tennis Center and is to be installed within the Flamingo Park property (Attachment). In order for FPL to locate its facilities on City property, FPL requires the City to record a utility easement in order to install and maintain this transformer and its associated electric conduits. The easement is on the edge of the Flamingo Park, is 250 square feet in area, and will not interfere with any park activities. This transformer will also power a temporary trailer that will house the pro-shop, and the temporary trailer needs to be in operation before demolition work can begin. As a result, this easement should be granted prior to executing the GMP. The Administration recommends approval of the resolution. Board Recommendation: Capital Improvement Projects Oversight Committee . II f f manc1a norma 1on: N t r bl o app11ca e, no f d" 0 d un mg require Source of Amount Account Funds: 1 2 I I 3 4 OBPI I Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Rick Saltrick, ext: 6565 Si n-Offs: Department Director Assistant City Man FHB DB T:\AGENDA\2012\3-21-12\Fiamingo Pk Tennis Center FPL Easement-SUMMARY.doc MIAMI BEACH 257 Approved AGENDA ITEM _C,-:::;--c7::-H:-"-- DATE 3 -;2/-/Z- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the Ci Commission FROM: Jorge M. Gonzalez, City Manager DATE: March 21, 2012 SUBJECT: A RESOLUTION OF THE MAYOR A COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO GRANT A UTILITY EASEMENT TO FLORIDA POWER AND LIGHT AT FLAMINGO PARK FOR THE INSTALLATION AND MAINTENANCE OF A TRANSFORMER AND CONDUITS THAT WILL SERVE THE FLAMINGO PARK TENNIS CENTER. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the Resolution. FUNDING No funding is required in order to grant the easement. BACKGROUND On September 14, 2011, the Mayor and City Commission adopted Resolution No. 2011- 27709 approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with James B. Pirtle Construction Co., Inc. for Pre-Construction Services for the Flamingo Park Tennis Center and, upon completion of Pre-Construction Services, authorizing the City Manager to enter into negotiations for a Guaranteed Maximum Price (GMP) for Construction Services and to execute an Agreement approving the GMP with previously appropriated funding. It is anticipated that the GMP will be presented to the City Commission for consideration at the March 21, 2012 meeting. ANALYSIS As part of the Project, a new Florida Power & Light (FPL) transformer will power the Flamingo Park Tennis Center and is to be installed within the Flamingo Park property (Attachment). In order for FPL to locate its facilities on City property, FPL requires the City to record a utility easement in order to install and maintain this transformer and its associated electric conduits. The easement is on the edge of the Flamingo Park, is 250 square feet in area, and will not interfere with any park activities. This transformer will also power a temporary trailer that will house the pro shop, and the temporary trailer needs to be in operation before demolition work can begin. As a result, this easement should be granted prior to executing the GMP. 258 Flamingo Park Tennis Center-FPL Easement March 21, 2012 Page2 of2 CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve and authorize the Mayor and the City Clerk to grant a utility easement to Florida Power and Light at Flamingo Park for the installation and maintenance of a transformer and conduits that will serve the Flamingo Park Tennis Center. Attachment: Sketch and Legal Description of Proposed Easement JMG/DRB/FHB/RWS T:\AGENDA\201213-21-12\Fiamingo Pk Tennis Center FPL Easement-MEMO.doc T:\AGENDA\2012\3-21-12\Fiamingo Pk Tennis Center FPL Easement-MEMO.doc 259 RESOLUTION NO.---- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO GRANT A UTILITY EASEMENT TO FLORIDA POWER AND LIGHT AT FLAMINGO PARK FOR THE INSTALLATION AND MAINTENANCE OF A TRANSFORMER AND CONDUITS THAT WILL SERVE THE FLAMINGO PARK TENNIS CENTER. WHEREAS, on September 14, 2011, the Mayor and City Commission adopted Resolution No. 2011-27709, approving and authorizing the Mayor and City Clerk to execute a professional services agreement for Pre-Construction Services for the Flamingo Park Tennis Center (Project) and, upon completion of Pre-Construction Services, authorizing the City Manager to enter into negotiations for a Guaranteed Maximum Price for Construction Services and to execute an Agreement approving the GMP with previously appropriated funding; and WHEREAS, as part of the Project, a new FPL transformer will feed the Flamingo Park Tennis Center and is to be installed within the Flamingo Park property; and WHEREAS, FPL requires the City to grant it a utility easement in order to install and maintain this transformer and its associated electric conduits; and WHEREAS, the easement is on the edge of the Flamingo Park, is 250 square feet in area, and will not interfere with any park activities; and WHEREAS, this transformer will also power a temporary trailer that will house the pro- shop, and the temporary trailer needs to be in operation before demolition work can begin; and WHEREAS, this easement should be granted prior to executing the GMP. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve and authorize the Mayor and the City Clerk to grant a utility easement to Florida Power and Light at Flamingo Park for the installation and maintenance of a transformer and conduits that will serve the Flamingo Park Tennis Center. PASSED AND ADOPTED this 21st day of March, 2012. ATTEST: Robert H. Parcher, City Clerk 3 - ( 2--(1..-·---- Date Matti Herrera Bower, Mayor T:\AGENDA\2012\3-21-12\Fiamingo Pk Tennis Center FPL Easement-RESO.doc 260 Work Request No. 4411027 Sec.34, Twp 53 S, Rge 42 E Parceii.D.o2-3234-000-005o (Maintained by County Appraiser) Form 3722 {Stocked} Rev. 6111 EASEMENT (BUSINESS) This Instrument Prepared By Name; BrianT. Bellino. PSM Co. Name: City of Miami Beach Address: 1700 Convention Center Dr Miami Beach. FL 33139 pg1of~. 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 licensees, agents, successors, and assigns ("FPL''), a non-exclusive easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant 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") Attachment Being an easement lying Block 68 Ocean Beach Fla, Additionn No. 3, according to the Plat thereof as recorded in Plat Book 2, Page 81 of the Public Records of Miami-Dade County Florida said easement also lying in Section 34, Township 53 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida, being more particularlY described as follows: Commence at the southeast comer of Lot 6, Block 68 of said Ocean Bea~Fia, Addition No. 3. Thence N 90°00'00"W along the southedy line of said Block 68 and the northerly right of way line of 11 Street, a distance of 159.30 feet to the Point or Beginning; Thence N 00°00'00" E a distance of 10.00 feet; Thence N 90°00'00" W a distance of 2511,00 feet; Thence S 00°00'00" W to the Intersection with said southerly line of Block 68 and the northerly right of way line of 11 Str~. a distance of 10.00 feet; Thence S 90°00'00" E, along said southerly line of Block 68 and the northerly right of way line of 11 Street, a distance of - 25.00 feet to the Point of Beginning. · Containing 250 square feet more or less. Together with the right to permit FPL to attach wires to any facilities hereunder and lay cable and conduit within the easement ana to operate the same for FPL's 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; to trim and cut and keeR 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 commumcations 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 heretofore described, over, along, under and across the roads, streets or higllways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on -------• 20_. Signed, sealed and delivered in the presence of: (Witl'less' SiQnafure) Print Name: ------mm=:;;r-------(Wifriess) (Witness' Stgnature) Print Name:--------:------- (Witness) Entity name By: ________________ _ Print Name: PrintAddress: ------------- STATE OF _____ AND COUNTY OF---------' The foregoing instrument was acknowledged the before me this day of --------· 20_, by of a , 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 ------------ 261 N 0) N LEGAL DESCRIPTION: Bolng an ..-~Yfn!i-..e&Ocoanlleocb Aa.AddlliOn No, 3, """"'"ins tollle Plllll11e<eol .. recorded In Flal8oo1< 2. Pago81 of tho Pub!i<; -oiM-Da<to Colmly Rodda uid .... mentalso ~login Sedlon 34, Town<l\11153 Soulh. Ranllf! 42 Eaal, CllyoiMiomi B-. t.bmJ.Oode Colml)'. Flod!la, being...., portlcolsrly-•• ,_ 0"'"""'.,... attlle_.__oll.otll. Blod<SSoloald Ocean Beach Fla, -1'10. 3; Th"""" I190'00'00"W along Ute oou111811ylloeolsoldll~kll8 ....... 1101111G11y lf8hlol,.ayllneol111h-~o-oceoi15Q.30!eello111ePolnloiBeglnlllng;Th..,..NOO'OO'OO"Eadla._ol10.00feei;Thsf1ceN90'00'00"Wad!slaocaol25.00fl>l>~ Thenoe S OO'QO'OO"W to lllei...,..Cllon wflh tsld"""ll1erty fine ol8lod< 68 Md Ute norlhcdy rlghlof way fine of tllh Street. a distance or 10.00 feet; Them:o s 90"00'011'1!. a1<mg -SOIIIhcdyl!rntol-kiiii ... U:o n-righlolwayanool111hSue~ a~-ol25.00 filet to ll1e Polnlo!Bog\Mlng. Containing 250 SQ\J""' tool more Otto ... SURVEYOR"S NOTES: 1. BoaJ!n9s .-n -• are -.onoelo Uta NOflholly lf8hl of way llno oll11h Sltaelwblohls aoovmcd to boar N OO'llll'OO" W. 2. This Sketch is not a St.ltvey, BLOCKS$ OCEAN BEACH FLA, AOOITION No. 3 (P,B. 2, PG. 81) t FLAMINGO PARK I I, 20' I !11 I I I :I I [ ffi I LOT6 ,, ~ I ?::~1 ~ I ~ ,.. I I~ l ;t ~ l i ~ LOT7 ~ I w I •J ~--·-lid : I -~---..L.--.---------~o!~..!!._1~~----L:::s~u!~~~~~-l tn '--NORTHERLY RIW LINE ·.o.s. [ ~ w z a::f wb ~I:;. ~ 0:: w ~ .o.c. t FPLEASEMENT 250SQ.FT. 11TH STREET s.E.CORNER LOT 6, BLOCK 6& (50'RIW) SKETCH TO ACCOMPANY A LEGAL DESCRIPTION SCALE: N.T.S. ( NElGHBORHOOONo.10-FLAMlNGO/WMMUS ,e.,........., """""'-""' 0~ fflEOOK.e£tiGI'.AWt$1.£.. FPL EASEMENT £tiO~I!RU JUC(llij)j I. 4 ;wu;~=IX;P~~~ W.TE LOCATION MAP N.T.S. LEGEND: (Pl PO.At """"SION I t.11.1. P.O. PU.T iOQ( PC. PACE POB POINT OF ~0 POC POIHT OF OCMM£Nct R/W -TOF'IIAY I H£Rm't carnN.: thol thl• "$${['fCH; TO ACCCAIPANY A L£CAL OESCRIPltON" Is can"ec.t onll rnoeb the ~ Ttdinlcol Sta11donb for \.Mel ~ fn the stol• of Florldo'" -.a n1. forlh In Cbo,ftt•r :i~~ CJo ~hf,~.:C!:.. Hot w3lt wHttout the ~tur-e and ............ of•A-U...,~-:~ !!!L!U!!. ~ \ ' -DATE BR1 1, BE:WNO ClfY SUI"'E'tOR p,$.M.. Ho. 4~7J ST"lE or FLORIDA , .. ~~-lDIIIUJ&IilllOIII.~}: , .. _ $i...J0tt.ll-. 0..:~ rrr••t~:-..l__ot_i.... nM:llkd:..HA..-••..JUA_ ~~