Resolution 2025-33649 RESOLUTION NO. 2025-33649
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN EASEMENT AGREEMENT IN
FAVOR OF FLORIDA POWER & LIGHT (FPL), SUBJECT TO APPROVAL BY
THE CITY ATTORNEY, FOR THE PERPETUAL, NON-EXCLUSIVE USE OF A
TWO HUNDRED TWO POINT SEVEN (202.7) SQUARE FOOT EASEMENT
AREA, LOCATED ON A PORTION OF FLAMINGO PARK, BEING AN
EASEMENT LYING IN A PORTION OF BLOCK 66 "OCEAN BEACH FLA.
ADDITION NO.3", ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 2, PAGE 81, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA AND LYING IN SECTION 34, TOWNSHIP 53 SOUTH,
RANGE 42 EAST, CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF BLOCK 7-B, "FIRST
ADDITION TO WHITMANS SUBDIVISION OF ESPANOLA VILLAS",
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 9, AT
PAGE 147, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
THENCE SOUTH 01° 58' 41" EAST, ALONG THE NORTHERLY EXTENSION
OF AND ALONG THE WESTERLY RIGHT OF WAY LINE OF MERIDIAN
AVENUE FORMERLY KNOWN AS "PINE AVE" ACCORDING TO THE SAID
PLAT,A DISTANCE OF 681.45 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE SOUTH 01° 58' 41" EAST ALONG SAID WESTERLY RIGHT OF
WAY LINE A DISTANCE OF 12.67 FEET; THENCE SOUTH 88° 01' 19" WEST
A DISTANCE OF 16.00 FEET;THENCE NORTH 01°58'41"WEST A DISTANCE
OF 12.67 FEET; THENCE NORTH 88° 01' 19" EAST, TO THE INTERSECTION
WITH THE SAID WESTERLY RIGHT OF WAY LINE OF MERIDIAN AVE
FORMERLY KNOWN AS SAID "PINE AVE", A DISTANCE OF 16.00 FEET TO
THE POINT OF BEGINNING, CONTAINING 202.7 SQUARE FEET MORE OR
LESS, FOR USE BY FPL TO ACCESS, CONSTRUCT, OPERATE AND
MAINTAIN AN ABOVE-GROUND TRANSFORMER, TOGETHER WITH THE
RELATED BELOW GROUND FACILITIES, TO PROVIDE ELECTRICITY FOR
THE AMENITIES IN THE PARK.
WHEREAS, The City of Miami Beach ("City")'s Flamingo Park, spanning 36.53 acres, is
located within the Historic Flamingo Park neighborhood in South Beach; and
WHEREAS, Flamingo Park has an outdated softball field in need of renovation to enhance
its usability; and
WHEREAS, as part of the Flamingo Park Master Plan, and funded by the General
Obligation Bond (G.O.B.) Project, the field will undergo improvements for the benefit of the
community; and
WHEREAS, the scope of work includes upgrades to the existing softball field, such as
enhanced drainage and regrading, installation of new artificial turf, improvements to dugouts and
bleachers, replacement of the current fence with taller fences and netting, new sports and park
lighting, landscaping enhancements, and replacement of sidewalks for pedestrians and vehicles,
along with the installation of bollards; and
WHEREAS, on October 30, 2024, the Mayor and City Commission approved the
award of a contract to H.A. Contracting Corp. to renovate the softball field; and
WHEREAS, the construction of the project started on March 10, 2025 and is
anticipated to be completed in December 2025; and
WHEREAS, during the design review, the Parks and Recreation Department
requested the removal of overhead lines adjacent to the softball field due to safety concerns, as
part of the removal of the overhead lines, a new transformer and underground lines will need to
be installed; and
WHEREAS, the undergrounding of the overhead lines will require the City to grant
FPL a perpetual non-exclusive Easement for the installation of an FPL transformer on a portion
of Flamingo Park, adjacent to Meridian Avenue, within a sixteen (16) feet by twelve point six
seven (12.67)feet area, measuring approximately two hundred two point seven (202.7) square
feet("Easement Area"); and
WHEREAS, the proposed Easement Agreement in favor of FPL, including the
Easement Sketch will permit FPL to access, construct, operate and maintain an above-ground
transformer, together with the related below-ground facilities, in order to provide electricity for
the amenities in the park; and
WHEREAS, the City Manager recommends executing the Easement Agreement with
FPL, a copy of which is attached to the City Commission Memorandum accompanying this
Resolution as Exhibit "1", for use of the Easement Area more particularly described in the sketch
and legal description attached to said Easement Agreement, to access, install, operate and
maintain the transformer and related below-ground facilities serving Flamingo Park.
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 City Clerk to execute an
Easement Agreement in favor of Florida Power & Light (FPL), subject to approval by the City
Attorney, for the perpetual, non-exclusive use of an Easement Area having approximately two
hundred two point seven (202.7) square foot, located on a portion of Flamingo Park, lying in a
portion of Block 66 "Ocean Beach Fla. Addition No.3", according to the plat thereof as recorded
in Plat Book 2, Page 81, of the Public Records of Miami-Dade County, Florida and lying in Section
34, Township 53 South, Range 42 East, city of Miami Beach, Miami Dade county, Florida and
being more particularly described as follows: commence at the southeast corner of Block 7-B,
"First Addition to Whitmans Subdivision of Espanola Villas", according to the Plat thereof,
recorded in Plat Book 9, at Page 147, public records of Miami-Dade County, Florida; thence South
01° 58' 41" East, along the northerly extension of and along the westerly right of way line of
Meridian Avenue formerly known as "Pine Ave" according to the said Plat, a distance of 681.45
feet to the point of beginning; thence continue South 01° 58' 41" east along said westerly right of
way line a distance of 12.67 feet; thence South 88° 01' 19" west a distance of 16.00 feet; thence
North 01° 58' 41" West a distance of 12.67 feet; thence North 88° 01' 19" East, to the intersection
with the said westerly right of way line of Meridian Ave formerly known as said "Pine Ave", a
distance of 16.00 feet to the point of beginning, containing 202.7 square feet more or less,for use
by FPL to access, construct, operate and maintain an above-ground transformer, together with
the related below ground facilities, to provide electricity for the amenities in the park.
PASSED and ADOPTED this d/ day of mil, , 2025.
Steven Meiner, Mayor
ATTEST:
kd MAY 2 / /nT5
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Rafael E. Granado, City Clerk --" 11.@.,,
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APPROVED AS TO
FFOORRMM/M�-& LANGUAGE
1 /XECUTION
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City Attorney (b?f Dote
Resolutions -C7 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: May21, 2025
TITLE: 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 EASEMENT AGREEMENT IN FAVOR OF FLORIDA POWER &
LIGHT (FPL), FOR THE PERPETUAL, NON-EXCLUSIVE USE OF A TWO
HUNDRED TWO AND SEVEN TENTHS (202.7) SQUARE FOOT EASEMENT
AREA, LOCATED ON A PORTION OF FLAMINGO PARK, BEING AN EASEMENT
LYING IN A PORTION OF BLOCK 66 "OCEAN BEACH FLA. ADDITION NO. 3",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE
81, OF THE PUBLIC LYING
IN SECTION 34, TOWNSHIPS OF SOUTH, RANGE 42 EAST, CITY OF ANDMIAMI-DADE COUNTY, FLORIDA MIAMI
BEACH, MIAMI-DADE COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF
BLOCK 7-B, "FIRST ADDITION TO WHITMANS SUBDIVISION OF ESPANOLA
VILLAS," ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLAT BOOK 9,
AT PAGE 147, PUBLIC RECORDS OF M AMI DADE COUNTY, F THENCE
SOUTH 01° 58' 41" EAST, ALONG THE NORTHERLY EXTENSION OF AND
ALONG THE WESTERLY RIGHT OF WAY LINE OF MERIDIAN AVENUE
FORMERLY KNOWN AS "PINE AVE" ACCORDING TO THE SAID PLAT, A
DISTANCE OF 681.45 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE SOUTH 01° 58' 41" EAST ALONG SAID WESTERLY RIGHT OF WAY
LINE A DISTANCE OF 12.67 FEET; THENCE SOUTH 88° 01' 19" WEST A
DISTANCE OF 16.00 FEET; THENCE NORTH 01° 58'41" WEST A DISTANCE OF
12.67 FEET; THENCE NORTH 88° 01' 19" EAST, TO THE INTERSECTION WITH
THE SAID WESTERLY RIGHT OF WAY LINE OF MERIDIAN AVE FORMERLY
KNOWN AS SAID "PINE AVE", A DISTANCE OF 16.00 FEET TO THE POINT OF
BEGINNING. CONTAINING 202.7 SQUARE FEET MORE OR LESS, FOR USE BY
FPL TO ACCESS, CONSTRUCT, OPERATE AND MAINTAIN AN TRANSFORMER,GROUND ABOVE-
W GROUND
ACILITIESTO PROVIDE ELECTRICITY CIITY FOR THE AMENITIGETHER WITH THE ES IN THEPARK.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the Resolution.
BACKGROUNDIHISTORY
The City of Miami Beach's ("City")Flamingo Park, spanning 36.53 acres, is located within the
Historic Flamingo Park neighborhood in South Beach.Within the park is an outdated softball field
in need of renovation to enhance its usability. As part of the Flamingo Park Master Plan and
funded by the General Obligation Bond (G.O.B.), the field will undergo improvements for the
benefit of the community.
The scope of work includes upgrades to the existing softball field, such as enhanced drainage
and regrading, installation of new artificial turf, improvements to dugouts and bleachers,
replacement of the current fence with taller fences and netting, new sports and park lighting,
landscaping enhancements, and replacement of sidewalks and gates, along with the installation
of bollards.
On October 30, 2024, the City Commission approved the award of a contract to H.A Contracting
Corp. for the renovation of the softball field. The construction of the project started on March 10,
2025, and is anticipated to be completed in December 2025.
ANALYSIS
During the development of construction documents,due to safety concerns and in order to expand
usabd Recreation
epartment
uested
lines ladjacent to the softbal of the park, the l field.rks nAs part of the re ova of the overhead the
a new transformer,
replacing the existing pole mounted transformer, and underground lines will need to be installed.
The undergrounding of the overhead lines and the installation of an FPL transformer on City
owned park
perpetual non-exclusive will hundred
iveeasement within the limits and ofFlam Flamingo Park, adjacent square
adjacent to Meridian
Avenue.
The proposed Easement Agreement (Exhibit 1) in favor of FPL, including the accompanying
Easement Sketch, will permit FPL to access, construct, operate and maintain an above-ground
transformer, together with the related below-ground facilities, in order to provide electricity for the
existing amenities in the park.
The easement is required for unlimited access for the installation and energizing of the requested
transformer, and future operation and maintenance of the FPL facility.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE)was published on:
See BIE at: httos://www.miamibeachfl.govlcity-hall/citv-Gerk/meetinq-notices/
FINANCIAL INFORMATION
N/A
CONCLUSION
The Administration recommends that the City Commission approve the resolution.
Applicable Area
South Beach
575 of 2719
Is this a "Residents Right to Know" item. Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes Yes
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Capital Improvement Projects
Sponsor(sl
Co-sponsor(sl
Condensed Title
Execute FPL Easement Agreement, Flamingo Park. CIP
Previous Action (For City Clerk Use Only).
576 of 2719
NUN-tAULUJIVt Exhibit "1"
EASEMENT
Work Request No. (BUSINESS)
Sec. 34, Twp 53 S, Rge 42 E This Instrument Prepared By
Parcel I.D.02-3234-000-0050 Name Edwardo Suarez.P S.M. I
(Maintained by County Appraiser) Co.Name. Longitude Surveors. LLC
Address. 7700 N Kendall Dr Suite 705
Miami.Florida 33156 _
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 an above-ground transformer and underground
equipment)mec) utito lity
facilities (including wires, cables, conduits and appurtenant9 p
installed from time to time, with the right to reconstruct, improve, add to.
facilities ore. l anyy the of them withien an easement descs well as the ribed as followe of. and s:
such
SeegB Exhibit"A" ("Easement Area")
conduit
andyto the
same permit
FPL sL to ommu�cations h wires to the purposes transformer connection with cable
electdc service; thewithin
right of ingress Area
and
egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and oth or
er
dangerouus trees) the
outside of the the
Easement Area,t to trim and
which cut
might nerrfere trimmed
with orand
all upon the all dead,
olr systemsy of
communications or power transmission or dgistnbution; and further grants, to the fullest extent the undersigned99 has ingress
power
to egress ro if at ver, all.
an hereinaboveacos the roads,ranted nstreets Easement
orr highways adjoiningre or described,
ugh saidyther with Easement Area. The
parties agree to terminate this Easement if FPL abandons use of the transformer within the Easement Area.
2025
IN WITNESS WHEREOF.the undersigned has signed and sealed this instrument on
Signed, sealed and delivered in the presence of. City of Miami Beach
(Witness Signature) By.
Print Name (Witness) Print Name. Eric T.Carpenter. P.E., City Manager
Address: 1700 Convention Center Dr., Miami Beach. FL 33139 Print Address: 1700 Convention Center Drive 4th Floor
Miami Beach, Florida 33139
(Witness signature)
Print Name.
(Witness)
Address: 1700 Convention Center Dr.. Miami Beach, FL 33139
The foregoing instrument was acknowledged before me, by means of( )physical presence or( )online notarization_
in the County and
Witness my signature and official seal this day of -
State aforesaid.
(Type of identification)
Notary Public. Signature
My commission Expires. Pnnt Name
577 of 2719
Exhibit '1"
SKETCH TO ACCOMPANY DESCRIPTION
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- -. . - Digitally signed by
Eduardo M Eduar_OMSUare]
v Date 202504-16
.oa,., Juarez 1358.33 04'00'
-5sin EDUARDO M SUAREZ. PSM
Professional Surveyor and Mapper
State of Florida Reg. No.6313
THE SKETCH IS NOT A SURVEY " " Date. 04/15/2025
-- ' F JOB No.25020.3.01
LONGITUDEmiSU SURVEYORS - " "
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Exhibit "t"
SKETCH TO ACCOMPANY DESCRIPTION
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