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2000-24118 RESO RESOLUTION NO. 2000-24118 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING BELLSOUTH TELECOMMUNICATION, INC. (BELLSOUTH) A TELEPHONE EASEMENT FOR THE INSTALLATION OF A REMOTE PAIR GAIN TERMINAL AT THE STREET END LOCATED WEST OF NORTH BAY ROAD AT 23RD STREET. WHEREAS, the Sunset Island I & II Homeowners Association has requested the removal of a utility pole at the east side of Sunset Island Bridge No.4 (West 29th Street Bridge) because of its negative impact on the historic character of the guard house; and WHEREAS, BellSouth facilities are impacted by the removal of the utility pole; and WHEREAS, BellSouth has agreed to relocate its facilities if the City grants an easement of 20 feet by 20 feet in the area to be used in the future as a site for a Remote Pair Gain Terminal; and WHEREAS, BellSouth and the City have identified a proposed location for this easement at the street-end of 23rd St. and North Bay Road; and WHEREAS, BellSouth has made application to the City of Miami Beach to execute and deliver to BellSouth the attached Easement (Attachment 1). NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City hereby grants BellSouth Telecommunication, Inc. the attached Easement, as described in the form attached in Attachment 1, to be used in the future as a site for a Remote Pair Gain Terminal, located at the street- end of 23rd St. and North Bay Road. PASSED and ADOPTED this 18th day of, October ,2000. Jt1 MAYOR ATTEST: ~f~. CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 14*~ 1t2r?;;. dV CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. --rl3- 0 D TO: Mayor Neisen O. Kasdin and Members of the City Commission DATE: October 18, 2000 FROM: Jorge M. Gonzalez City Manager ~~ SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING BELLSOUTH TELECOMMUNICATION, INC. (BELLSOUTH) A TELEPHONE EASEMENT FOR THE INSTALLATION OF A REMOTE PAlRGAIN TERMINAL AT THE STREET END LOCATED WEST OF NORTH BAY ROAD AT 23RD STREET. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS: The Sunset Island I & IT Homeowners Association has requested the removal of a utility pole at the east side of Sunset Island Bridge No.4 (West 29th Street Bridge), because of its negative impact on the historic character of the guard house. BellSouth facilities are impacted by the removal of the utility pole. Upon request by the City, BellSouth agreed to relocate its facilities and is willing to forego the billing of this relocation if the City grants an easement of 20 feet by 20 feet in the area. A location for this easement has been proposed at the street-end of 23rd St. and North Bay Road. BellSouth has approved the proposed location. This easement is to be used in the future as a site for a Remote Pair Gain Terminal which will accommodate a cabinet that will house the termination of a Fiber Optic Cable and the electronics of a Pair Gain Terminal that will interface with the existing Distribution Area Cross - connect Boxes. The size of the proposed structure is approximately 8 ft. wide by lOft, long with the height being variable depending upon the site conditions. BellSouih has agreed to meet all City requirements, such as landscaping features, in order to have this structure completely hidden from view. The area that will be ultimately served from this site extends from 20th Street in the south to Chase Avenue in the north and from Alton Road in the east to Biscayne Bay in the west, including Sunset Islands I, II, III & IV. As the need arises to replace copper feeder cables serving this area, it will provide the flexibility to use the latest and more reliable technology and will have the capacity to handle the projected growth. ~ AGENDA ITEM e,M DATE l (J-\ ~ -00 1M ~lNi~ I 'STATE OF FLORIDA @BELLSOUTH . 'COUNTY OF Miami-Dade 8416-C-FL (1-96) Preparer's name and address: (Retnrn document to the BellSouth address on back) BeIlSouth Telecommunications, Inc. 9090 NW 41 St Miami, FL 33178 . Easement For and in consideration of Ten dollars ($ 10.00 ) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the undersigued owner(s) of the premises described below, hereinafter referred to as Grantor, do(es) hereby grant to BELLSOUm TELECOMMUNICATIONS, INC" a Georgia Corporation, its licensees, agents, successors, assigns, and allied and associated companies, hereinafter referred to as Grantee, an easement to construct, operate, maintain, add, and/or remove such systems of communications, facilities, or related services as the Grantee may from time to time require upon, over, and under a portion of the lands described in Deed Book I Plat Book 8 , page 52 Miami-Dade County, Florida, Records, and, to the fullest extent the grantor has the power to grant, upon, over, along, and under the roads, streets, or highways adjoining or through said property, The said easement is more particularly described as foliows: All that tract or parcel of land lying in ~on 27 , Township 53 South , Range 42 East , Meridian, M'aml-Daae County, State of Florida, consisting ofa (strip) (parcel) ofland as more Darticularlv described on attached Exhibit "A": Sketch No. SM-1397 and Leaal OescriDtion DreDllred bv E.R. Brownell & Associates. Inc. dated SeDtember 5. 2000. . The foliowing rights are also granted: the exclusive right to allow any other person, firm, or coiporation'to attach wires or fay cable or condnit or other appurtenances upon, over, and under said easement for communications or electric power transmission or distribution; ingress to and egress from said easement at all times; the right, but not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions; the right, but not the obligation, to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of communication or power transmission or distribution; and the right to relocate said facilities, systems of communications, or related services on said lands to conform to any futnre highway relocation, widening, or improvements, To have and to hold the above granted easement unto BeliSouth Telecommunications, Inc., its licensees, agents, successors, assigns, and aliied and associated companies forever and in perpetuity, Grantor warrants that grantor is the true owner of record of the above descnl>ed land on which the aforesaid easement is granted. SPECIAL STIPULATIONS OR COMMENTS: The following special stipulations shall control in the event of conflict with any of the foregoing easement: City of Miami Beach Resolution No. 2000-24118 In witness whereof, the undersigned hasIhave caused this Instrument to be executed on the :Z.8M<.. day of If.. , . -'/- .2tl i/ / Signed, sealed, and delivered in the presence of: City of Miami Beach, Florida Name of Corporation r!II By: Title: Neisen Kasdin, Mayor ~~~~ Attest: ~cr p~ State of Florida I J - . "7\ d Robert Parcher, City Clerk County of Mla.>-/I - ~~_e-,. I HEREBY CERTIFY that De fs'~ l(q,S, ell ;J personally appeared before me and acknowledged that heJ__ was the same. The foregoing instmment was acknowledged before me this ~(j""" day of ~~ 'iJ!:t-i;.' '-, by IJt I ~e:.v /( ac J .. t\l (name and title of officer) of M Q l/,)!" (name d( corporation, a, C..ity I' i R<'!ad1. corporation, on behalf of the corporation. . HelsIle is personally' known to me or has produced ,.)/J9 as identification and who dMlJdid not take an oath, ' Witness my hand and official seal in the County and State last aforesaid, this .20()} (fy~/dMnfltl~ Notary Public I-.....JJ IIl)N ~vchql...{J2- Print Name d(frh day of ~Hna- OFFICIAL NOTARY SFAl LILLiAN BEAUC\-iAMP NO'IARY pUBLIC STATE OF FLORIDA COMMISSION NO. CC738372 MY COMMISSION EXP. APR. 29.2002 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION (2..(:'73'637-::J- Commission Nnmher 4fJt~ .I1-l?-mI Dille My Commission Expires: Iff;,1 d>1; 7~D 1.../ Grantor's Address: Grantee's Address: City of Miami Beach Attn: Ruth Rahmani 1700 Convention Center Drive Miami Beach. Florida 33139 BellSouth Teleconnnunications, Inc. 9090 NW 41 St Miami, FL 33178 TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS, INC. :: r-- F~ - t - yo . EXHIBIT "A" Sheet 1 of 2 Legal Description: Easement Site: A twenty foot by twenty foot site lying within the platted right-of-way of West 23rd Street as shown on the Plat of SUNSET LAKES SUBDIVISION, as recorded in Plat Book 8 at Page 52 of the Public Records of Miami-Dade County, west of North Bay Road and east of Sunset Lake; said site being more particularly described as follows: Commence at the southwest comer of Lot 1, Block 12, of said SUNSET LAKES SUBDIVISION; thence East along the south line of said Lot 1 for a distance of 90.00 feet to a point; thence deflecting right 900 90 South for a distance of 5.00 feet to the Point of Beginning of the following parcel of land herein described; thence continue South along the previous described course for a distance of 20.00 feet to a point; thence deflecting right 900 go West for a distance of 20.00 feet to a point; thence deflecting right 900 go North for a distance of 20.00 feet to a point; thence deflecting right 900 go East for a distance of 20.00 feet to the Point of Beginning, Said lands lying in and being in the City of Miami Beach, Florida. Prepared By : E.R. Brownell and Associates, Inc 3152 Coral Way, Miami, FI. 33145 Ph(305)446-3511 Fax(305)444-2034 &XHl2>L"l"" ",A /I Sh~et 2.,.{:.2 . SKE.TCH TO ACCOMPANY LE.GAL DESCRIPTION- SCALE: ,". 50' .::1UY.!J,trZ L4/<:..L. \ ~ /2'3.36' FrO.C. 5. W. (!OI2N~It.. Gar I,i!UDCK 12- /24.3' ~ ~ I{'j 1.07' -6,!,oCe /3 o . () () \\I 'zOT /. !3L ex::.e 12 Q o \\I 'pA!o,POSE.o 15/T.E. \/.... ~, I~ 50' .50' NOR7/-1 /24,::1 . /2!J.3S' '0 1!\ o ll\ 11 ;gOAD . E.R. BROWNELL Ir. ASSOC. INC. ,_ CONSULTING ENGINEERS LAND SU~VEYORS .. 3152 Corel Woy LB-761 Mlemi. Florlde. 33145 '.. 305.446.3511 305.444,2034 Dote: 9-05-00 J.N. NO 761 Sheet a of 2 <c' '. SKETCH NO. SM-1397 JOB NO. ND-761 DATE: 09/05/00 ~ :2:- ~ ~--- ~~. - '3ilv o ~ u o 3l101,,; ~ Z ""ll W ::i: w ~ 3SbflO:J ~lO:J .' :JC1 o .. N (i<o>l ~ c:J~ ~G ~ i '3IIV~] 5 \'311".] ~ !3S [ Vll~~] ~ ~ ~ t"3~01 ) ~ Nns ( ) c:J ~3113HSl ! "3AV A~ \.);)'--...-1 \. 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'..d ." l..i"O....OI.......g'lU .lIO...' _'r'lllll1 PROPOSED BELLSOUTH EASEMENT LOCATION 23RD STREET AT NORTH BAY ROAD (STREET END) (Proposed BellSouth Box to be placed behind existing tree.)