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C7K-Grant Utility Easement To FPL On Lot B Of The Hibiscus Island TractCOMMISSION 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 On Tract B Of The Hibiscus Island Tract For The Installation And Maintenance Of Conduits, Switch Cabinets, And A Capacitor Bank That Will Provide For Underground Service Of The Lighting System. Key Intended Outcome Supported: Ensure Well-Designed, Quality Capital Projects. Supporting Data (Surveys, Environmental Scan, etc.): n/a Item SummaryfRecommendation: During the planning of the Palm and Hibiscus Island Neighborhood Right of Way (ROW) Improvement Project (the Project), the Palm-Hibiscus-Star Islands Association (HOA) initiated a petition for the undergrounding of aerial utilities. The HOA elected to pursue the creation of a Special Taxing District with Miami Dade County in order to finance the expenses associated with the undergrounding utilities project. On December 7, 2010 after various public hearings, the registered voters elected to move forward with the undergrounding utilities project for Hibiscus Island only. FPL prepared and submitted preliminary drawings and a cost proposal for the overhead-to-underground conversion for the neighborhood. In order for FPL to complete the overhead-to-underground conversion for Hibiscus Island, it will be necessary for the City to grant an easement to FPL for maintenance of its facilities. Once the FPL cables are installed underground, the aerial FPL cables will be removed from the utility pole located throughout the island. The cost for the installation of the conduit/wire, pad-mounted switch cabinets and capacitor bank is included in the FPL Contribution in Aid of Construction (CIAC). FPL will receive payment for the overhead- to-underground conversion and complete the installation of infrastructure via the Miami Dade County Hibiscus Island Overhead Service Relocation Improvement Special Taxing District. The Administration recommends approval of the resolution. Advisory Board Recommendation: 1 Not applicable F" . I I f f N t r bl manc1a norma 1on: o appuca e, no f d' . d un 1ng requ1re Source of A Account Approved 1"\IIIVUIIL Funds: 1 2 I I 3 4 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Rick Saltrick, ext: 6565 n-Offs: Department Direc FHB T:\AGENDA\2012\12-12-12\PALM & HIBISCUS FPL EASEMENT\FPL Easement Palm & Hibiscus-SUMMARY.doc MIAMI BEACH 224 A GENOA ITEM -,-C_7.:........=.k...3.,__ DATE /OJ.-4}.-/k MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the Citjmmission Kathie G. Brooks, Interim City Manager %A- December 12, 2012 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 ON LOT B OF THE HIBISCUS ISLAND TRACT FOR THE INSTALLATION AND MAINTENANCE OF CONDUITS, SWITCH CABINETS, AND A CAPACITOR BANK THAT WILL PROVIDE FOR UNDERGROUND SERVICE OF THE LIGHTING SYSTEM. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the Resolution. BACKGROUND During the planning of the Palm and Hibiscus Island Neighborhood Right of Way (ROW) Improvement Project (the Project), the Palm-Hibiscus-Star Islands Association (HOA) initiated a petition for the undergrounding of aerial utilities. The HOA elected to pursue the creation of a Special Taxing District with Miami Dade County in order to finance the expenses associated with the undergrounding utilities project. On December 7, 2010 after various public hearings, the registered voters elected to move forward with the undergrounding utilities project for Hibiscus Island only. FPL prepared and submitted preliminary drawings and a cost proposal for the overhead-to-underground conversion for the neighborhood. In order for FPL to complete the overhead-to-underground conversion for Hibiscus Island, it will be necessary for the City to grant an easement (Attachment) to FPL for maintenance of its facilities. Once the FPL cables are installed underground, the aerial FPL cables will be removed from the utility pole located throughout the island. The cost for the installation of the conduit/wire, pad-mounted switch cabinets and capacitor bank is included in the FPL Contribution in Aid of Construction (CIAC). FPL will receive payment for the overhead-to-underground conversion and complete the installation of infrastructure via the Miami Dade County Hibiscus Island Overhead Service Relocation Improvement Special Taxing District. 225 FPL Easement-Hibiscus Island December1~2012 Page 2of2 ANALYSIS Florida Power & Light (FPL) in collaboration with the City has assessed the site conditions. FPL has determined that the optimal location for the installation and maintenance of conduits, pad mounted switch cabinets and underground type capacitor bank is within the West Palm Midway Median, Lot B. The Administration concurs with the FPL site easement. 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. Attachment: Sketch and Legal Description of Proposed Easement KGB/JGG/FHB/RWS/DF T:\AGENDA\2012\12-12-12\PALM & HIBISCUS FPL EASEMENT\FPL Easement Palm & Hibiscus-MEMO.doc 226 Work Request No. 3085431 Sec.32, Twp 53 S, Rge 42 E Parcel I. D. 02-323-00-60-890 (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 6/11 EASEMENl (BUSINESS This Instrument Prepareu uy Name: Brian T. Bellino. PSM Co. Name: City of Miami Beach Address: 1700 Convention Center Dr Miami Beach. FL 33139 pg 1 of~. The undersigned, in consideration of the payment of $ t 00 and other good and valuable consideration, the a 1pt of which is acknowledged, grant and give to & Ught 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, bias, conduits and appurtenant equipment) to be installed from time with the right to reconstruct, improve, add to, enlarge, change the voltage, as wall as, the size of and remove such facilities or any of them within an easement described as follows: Legal Description (See Exhibit A "Easement Area") Attachment Together with the right to permit FPL to attach wires to any facllities hereunder and lay cable and conduit wlth!n the easement ana to operate the same for FPL's communications purposes; th · ht of ingress an to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, und s within the Easement Area; to trim and cut and keep trimmed and cut aU dead, weak, leaning . · f the easement area which might interfere with or fall upon the lines or systems of commumcations or transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, t rights hereinabove granted on the Easement Area heretofore described, 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 ________ , 20_. Signed, sealed and delivered in the presence of: (Witness' Signature) Print Name:-----,==;:;---------(Witness) (Witness' Signature) Print Name: --------:--------- (Witness) Entity name By: ________________ _ Print Name: Print Address: -------------- STATE OF ------AND COUNTY OF ---------The foregoing instrument was acknowledged before me this day of ------~· 20_, by --------------' the -----------~of ____________ ~a ,whois 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 ---------- 227 N N 00 (J) 0 c I CD (J) \ BLOCK [\; I • OT 2 OF BLOCK C AND D LOT 6 '._ " I HIBISCUS ISLAND I ,' J _______ I ____ _P..§....l.4_~G_§L_J:::"/W -----y. , 15. WEST PALM MIDWAY ( 30' R/W) ~ ~-----------------~------, -~ =n' =u v~ "'>''0' '""~' ------...........,... --"""'i'BBOO·------""'-WESTERLY R/W EAST P ;:;. ·~ --__1_ ... ' MID ----------ror 3. "'B'CCC1< 1----PLL RESUBDIVISION OF BLOCK c L.OT 5 SOUTHERLy I!/W,4 EXHIBIT "A" SCALE: 1"~30' SCALE:NTS LEGAL DESCRIPTION LEGEND & ABBRFVIATIONS: PB PLAT BOOK R RADIUS PG PAGE D CENTRAL ANGLE R/W RIGHT OF WAY A ARC LENGTH TYP TYPICAL CB CHORD BEARING POB POINT OF BRGINNiNG PLL PLAT LOT LINE EASEMENT AREA ""-''EXHIBIT "A"-SKETCH AND LEGAL DESCRIPTION, (J) 0 :;u " :z: !f I ,/d.,, .... ':-, z 0 :::::0 -1 I l I I CD I c (J) 0 :::::0 '\ ,, LOCATION SKETCH NT5 LEGAL DESCRIPTION: BEiNG AN EASEMENT L YlNG !N TRACT ~8~, HIBISCUS ISLAND, ACCORDING TO THE PLAT THEREOF AS RECORDED !N PLAT BOOK 8, PAGE 75 Of THE PU8UC RECORDS Of' M!AMI-OADE COUNTY FlOR!OA AND L Y!NG !N SECTION 32, TOWNSHIP 5.3 SOUTH, RANCE 42 EAST. C!TY Of MIAM! BEACH, MIAMi-DADE COUNTY, FlORIDA SAID EASEMENT BEING MORE PART!CULARL Y DESCRIBED AS fOLLOWS: CONTAINING 3,571.1 SQUARE f'EE.T MORE OR LESS, RESOLUTION TO BE SUBMITTED 229