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97-22589 RESO RESOLUTION NO. 97-22589 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT IN FAVOR OF FLORIDA POWER AND LIGHT; BELL SOUTH TELECOMMUNICATIONS, INC.: TECO PEOPLES GAS OF TAMPA, FLORIDA; AND RIFKIN/ NARRAGANSETT OF SOUTH FLORIDA, CATV LIMITED PARTNERSHIP, d/b/a GOLD COAST CABLEVISION, ALL IN CONNECTION WITH THE ANCHOR SHOPS AT SOUTH BEACH AND PARKING GARAGE. WHEREAS, As part of the foundation excavation and preparation for the Anchor Shops at South Beach and Parking, certain overhead and underground electric, telephone, cable and gas utility facilities which run north and south between Washington and Collins Avenue, need to be relocated for serviceability purposes; and WHEREAS, said utilities need to be relocated within a fifteen (15) foot easement specifically described in the survey attached as Exhibit B to the attached Easement; and WHEREAS, the Easement will allow the utility companies to provide and maintain their respective facilities and services to residents, businesses and other users in the area. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, authorize Mayor and City Clerk to execute the attached easement in favor of Florida Power and Light; Bell South Telecommunications, Inc.; TECO Peoples Gas Of Tampa, Florida; and Rifkin/ Narragansett Of South Florida CATV Limited Partnership, d/b/a Gold Coast Cablevision, all in Connection with The Anchor Shops at South Beach And Parking Garage PASSED and ADOPTED this 19th day of November , 1997. 1111 MAYOR ATTEST: ~~p~ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION CITY CLERK //II ~ lilt/a, City Attorney ~ I CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.mlami-beach.f1.us " COMMISSION MEMORANDUM NO. ., ~G.,-ql TO: Mayor _ Members of the City Commission DATE: November 19, 1997 FROM: Jose Garcia_Pedrosall City Manager . A Resolution of t ayor and City Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute an easement in favor of Florida Power and Light, Bell South Telecommunications, Inc., TECO Peoples Gas of Tampa, Florida, and Rifldn/Narragansett South Florida CATV Limited Partnership, d/b/a Gold Coast Cablevision, all in connection with the Anchor Shops. at South Beach and Parking Garage, for the property specifically described in the attached survey. SUBJECT: ADMINISTRATION RECOMMENDATION: Approve the Resolution. BACKGROUND As part of the foundation excavation and preparation for the Anchor Shops at South Beach and Parking (16th Street Garage project), certain overhead and underground electric, telephone, cable and gas utility facilities which run north and south between Washington and Collins Avenue, need to be relocated for serviceability purposes to the south end of the site within a IS-foot easement (specifically described in the survey attached as Exhibit B to the Easement Agreement) . 'ANALYSIS AND CONCLUSION The City needs to grant this easement in order to allow .the utility companies to relocate and service their respective utilities. The underlying existing easement will be released. JGP~Ob AGENDA ITEM c..,F DATE~ Prepared by and Return to: Raul J. Aguila, Esq. City of Miami Beach City Attorney's Office 1700 Convention Center Drive Miami Beach, Florida 33139 (Reserved) EASEMENT The undersigned, in consideration of the payment of $10.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to certain utility companies providing services to the Property described in Exhibit "A," including, but not limited to Florida Power & Light Company; BellSouth Telecommunications, Inc.; Rifkin/Narragansett South Florida CATV Limited Partnership, d/b/a Gold Coast Cablevision; and TECO Peoples Gas of Tampa. Fla., and their licensees, agents, successors, and assigns. an easement forever for the construction, operation and maintenance of (a) a system of communication, and/or (b) overhead and underground electric and gas utility facilities (including wires, poles, guys, cables, conduits, pipes, lines 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 15 ft. in width (the approximate location of which is shown in the survey on Exhibit B of this instrument) described as follows: A PORTION OF LOT 13, BLOCK 57, "FISHER'S FIRST SUBDIVISION OF ALTON BEACH," ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 77 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 13, BLOCK 57; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 13, A DISTANCE OF 175.00 FEET TO THE NORTHEAST CORNER OF LOT 14 OF SAID BLOCK 57; THENCE NORTHERLY AND PARALLEL WITH WEST LINE OF SAID LOT 13, BEING THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 14, A DISTANCE OF 15.00 FEET; THENCE WESTERLY ALONG A LINE 15.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID LOT 13 A DISTANCE OF 175.00 FEET TO THE WEST LINE OF SAID LOT 13; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 13 A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. SAID LAND BEING IN THE CITY OF MIAMI BEACH, DADE COUNTY, FLORIDA AND CONTAINING 2,625 SQUARE FEET, MORE OR LESS. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cables and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises 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 keep trimmed and cut all dead, weak, leaning or dangerous trees and 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 has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this 24th day of November , 1997. Signed, sealed and deliver~,d in the presence of: J ' o i . / J / . -------/-\ CITY OF MIAMI BEACH, a Florida municipal :y~oratiot! Its: May r Print Name: Neisen Kasdin ( c ~ rr -'./.J J A I. . i' ) ~l9\..- ('w.) l1!k.u Witness Signaturej ~0ANtJ2A TKUj/ LL () Print Name Attest: ~ 1- r ()A. ~ Robert Parcher, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION STATE OF FLORIDA ,~~, ~ ) )SS COUNTY OF DADE ) _')// +/, - The foregoing instrument was acknowledged before me this~ day of ntY trJ..J.A, , 1997 by Nt 1s.~.J !4.i4Ii') , as Mayor ofthe City of Miami Beach, a municipal corporation by and on behalf of said corporation. He is personally known!.()..!!!e/or has produced as identification. My Commission expires: OF!:1 C iiI"f.Jli"f'Aii:VSEAL UU.lAN :jE/,UCHAMP f\lCJfi\RY PUi.~L!C ~~rATE OF FrDRIDA CO\1MiS310N NO, C047582 M..!:..S;'.QM:':!1.';SI~~:XP, FEU, 13,1998 f,.f I (f CIf-lPUI UC 1,4 0,,17 Print Name 1 RJA Ikw(F:IA TTOIAGURIEASEMENT WPD) 2 CONSUL - TECH ENGINEERING, INC. CONSUL TING ENGINEERS. LAND PLANNERS. LAND SURVEYORS 10570 N. W. 27th STREET, SUITE 101 MIAMI, FLORIDA 33172 TELEPHONE: (305) 599-3141 FAX: (305) 599-3143 -SKETCH AND DESCR/PT/ON- ONL Y A GRAPHIC DESCRIPTION SHOWN HEREON. L.B. No. 3527 NOTE: THIS IS NOT P.o.B. SOUTHWES~ CORNER LOT /3-' NORTHEAST CORNER LOT /4 V) C) e::: --1 ::r:: r- ~ - <:: -....j ~ V1 r- B 0 --1 - GJ /5' ~~--.----l , i I I I I I I ! 'it 1- ~ \-... 1 'l . ilJ:J I V1 10 'e::: I Q \--1 I I~ I \r- I I~ I \--1 I \-< I 'rll I I)> I ! IV) I I in-, I !.~ 1 'n-, 1 1<:: I pi : i~ : I 1 I I I I I I I (I ) 1 1 I 1 'OJ , I, 'I I I EAST LINE, LOT UPDATES / REVISIONS - ~ _i - - oJ /5.0(] ! ! i i DATE WEST LINE, LOT /3 L--/ Z ~ LEGAL DESCRIPTION A PORTION OF LOT 13, BLOCK 57. "FISHER'S FIRST SUBDIVISION OF AL TON BEACH", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 77 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 13, BLOCK 57: THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 13, A DIST ANCE OF 175.00 FEET TO THE NORTHEAST CORNER OF LOT 14 OF SAID BLOCK 57: THENCE NORTHERLY AND PARALLEL WITH WEST LINE OF SAID LOT 13, BEING THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 14, A DISTANCE OF 15.00 FEET: THENCE WESTERLY ALONG A LINE 15.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID LOT 13 A DISTANCE OF 175,00 FEET TO THE WEST LINE OF SAID LOT 13: THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 13 A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. SAID LAND BEING IN THE CITY OF MIAMI BEACH, DADE COUNTY, FLORIDA AND CONTAINING 2,625 SQUARE FEET, MORE OR LESS. UNDERLYING EXISTING EASEMENT TO BE RELEASED ( \. \. :\ i LEGEND P.O,C, . POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURV AND ~. / 8/27/:J7 DATE No. 4574 BY CHECKED NOlE: T/-!E UNDERSIGNED IIND CONSULT ECfI EINGINEERING.!NC,MIIKE NO TIEPRESENTATlONS OR GUARANTEES AS TO 7/'E COMPLFTENESS OF TIlE INFOfIMIIT/ON REFILCTED NERfON PERTAINING TO EASEMENTS, RIGIITS.Or.WIIY,SUBACK LlNES,RESERVIIl IONS.AGrIE[!,i[:.NTS OR OTHER MAnDIS OF FIECORD, THIS INSTRUMENT IS INTENDED TO REFLECT OR SU FORlH ONU' TlIOSE ITEMS SIIOWN IN THE REFERENCES ABOVE 0 OBT AINED BY fiELD SUfIVEY, CONSUL T ECI-! ENGINEERING, INC. DID NOT AESEARCli r /it: PUBLIC RECORDS FOR MAn EflS AFFECTING TNE LANDS SIIOWN IIEREON, NOTE: TillS INSTRUMENT IS TIlE PROPERTY OF CONSUL. TECH ENGINEERNG.INC.AND SII/ILL NOT BE REPRODUCED IN WNOLE OR IN PART WITHOUT TlfE WRITTEN PERMISSION OF CONSUL-TECH ENGINEUIING.INC, PROJECT No.: 95-0640.A DRAWN BY: J.C.s. 2/j-AUG-/997 /3:06 f:\civi/\9LJ06LiOoc\sketchcfgn CHECKED BY: SJ(S FE. XXXX PG. XX SCALE: 1": 20'