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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acres, is located within the Historic Flamingo Park neighborhood in South Beach; and WHEREAS, Flamingo Park has an outdated softball field in need of renovation to enhance its usability; and WHEREAS, as part of the Flamingo Park Master Plan, and funded by the General Obligation Bond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 �_„,. Rafael E. Granado, City Clerk --" 11.@.,, s t IACORP ORAIE4 h �r\43,P 62"1a APPROVED AS TO FFOORRMM/M�-& LANGUAGE 1 /XECUTION 5113 aoz 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 THIS DOCUMENT SURVEYORS NOTES&CERTIFICATE SHEET CNTAINS 3 SHEETS AND L NOEGAL DT BE OESCRIPT ONNSIDEEDFSHEEULL T 2)SSKETCH%SHEETMPLETE 3 WITHOUT THE EASEMENT Li irl EMENTTh F1 1 .. 7 I i J_I I LOCATION SKETCH • i 5 d a SURVEYOR'S CERTIFICATE. - -. . - 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 - " " 1 3,5e. EASEMENT PAGE 1 OF 3 463 92 ry JNG aLSJ4 E � r95 Tp'j9 Exhibit "t" SKETCH TO ACCOMPANY DESCRIPTION THIS SUCUMENT CONTAINS 3 SHEETS AND SURVEYORS NOTES&CERTIFICATE(SHEETL 1N LEGALDESCRIPTIONT BE CONSIDERED F ULL T(SHEE 21D SKETCH(SHEET 31 MPLETE WITHOUT THE EASEMENT DESCRIPTION 8g 7y "s 5y THE SKETCH IS NOT A SURVEY LONGITUDE''CoK SURVEYORS JO' B No.25020.31 co r .° LDRIVE EASEMENT PAGE 20Ld y FL 5556 LE OS 4]NEf3SP 92 aJ'J V' � 19 NNW WhGTJp=SJPJ_.OPS CAM Exhibit "1" SKETCH TO ACCOMPANY DESCRIPTION THIS DOSUCUMENT CONTAINS 3 SHEETS AND NOTES 8 CE TFI CATE(SHEET HEET 1) LEGAL DHALL NOT BE ESCRIPTION ON FULLNSIDERED SHEETS)SKETCH(SHEETMPLETE 0 UT THE 3) EASEMENT "FIRST ADDITION TO WHITMAN'S SUBDIVISION OF ESPANOLA VILLAS" (P.B. 9, PG. 147) SOUTHEAST CORNER BLOCK 7—B "FIRST ADDITION TOI N_�529,040.42' �C. I WNITMAN'S SUBDIVISION 9 OF ESPANOLA VILLAS'.VILLAS"47) E=940,08990' , (P BLOCK 7-8 �I _ S88'01'01"W _ w a 1.1...\ P W SOUTH LINE BLOCK 7—B a_ I re Inl w . W W I NOT SUBDIVIDED w I TOWNSHIP 53 SOUTH, RANGE 42 EAST I J w — I L SECTION 34, fc �^ FOLIO: 02-3234-000-0050 wI m 3 w '' ¢ K > .O i r a b 0 Z Z K _ ¢ 0 wm J I r I fi BLOCK 66 $ OCEAN BEACH, FLA. I ADDITION NO. 3 (P.B. 2, PG. 81) li P.O.B. Y LOT-4 N.=528,359.3p' I a E=940,313.81 Y _ _ I C' j I a c4 4 LOT-5 § 6i 1 BLOCK 66 EASEMENT OCEAN BEACH, FLA. 202.7 SO. FT. ADDITION NO. 3 I INO- S (P.B. 2, PG_ 81) � � S s g LEGEND'. 4 s` THE SKETCH IS NOT A SURVEY t. LONGITUDE SURVEYORS Q3R Z .. "s EASEMENT JOB Ne.rzsorzo.a.c � Tic PAGE 30F3 www omeiT�oesuave-_P>con