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2008-26814 ResoRESOLUTION NO. 2008-26814 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PERPETUAL EXCLUSIVE UTILITY EASEMENT TO FLORIDA POWER AND LIGHT (FPL) TO PROVIDE ELECTRICAL SERVICE FOR THE CONSTRUCTION OF THE REPLACEMENT FEEDER VAULT ON THE SITE OF THE NEW WORLD SYMPHONY PROJECT. WHEREAS, the City, on January 5, 2004, entered into a Development and Lease Agreement with the New World Symphony (NWS) for the design, development and construction of a 50,000 square foot educational performance and Internet broadcast facility and exterior screen, and a 608-space public parking garage to be located on 17th Street surface parking lots bounded by 17th Street to the north, North Lincoln Lane to the south, Washington Avenue to the east, and Pennsylvania Avenue to the west (the Project); and WHEREAS, the Project broke ground on January 24, 2008; and WHEREAS, the site preparation involved the relocation of the existing above ground FPL transformer vault and associated electrical lines near the corner of Pennsylvania Avenue and Lincoln Lane, to a temporary vault necessary for the construction of the NWS garage; and WHEREAS, once the garage is constructed, the transformer in the temporary vault will be relocated into the vault inside the garage; and WHEREAS, the Project will also require the relocation of FPL's 13,000 volt underground electrical feeder line currently running in an east-west direction under the footprint of the NWS building, and which is to be relocated south of the footprint; and WHEREAS, in order to construct the FPL's proposed duct bank and temporary vault structure, FPL has requested that the City grant an easement to FPL. 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 a grant and authorize the Mayor and City Clerk to execute a perpetual exclusive utility easement to Florida Power and Light (FPL) to provide electrical service for the construction of the replacement feeder vault on the site of the New World Symphony Project. PASSED and ADOPTED this 14thday of May , 2008 ATTEST: ~~~ obert E. Parcher, CITY CLERK atti errer o r, AYO T:WGENDA\2008\May 14\Consent\NWS FPL EASEMENT RESO.DOC APPROVED AS TO FORM 8~ LANGUAGE & FOR F„X~~UTION 5~~.~OY ey Date a COMMISSION ITEM SUMMARY f_nnrinnca~rl Ti+Ip• A .Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, granting and authorizing the Mayor and City Clerk to execute a perpetual exclusive utility easement to Florida Power and Light (FPL) to provide electrical service for the construction of the replacement feeder vault on the site of the New World Symphony Project. Ke Intended Outcome Su orted: Ensure well-maintained infrastructure Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and the City Commission approve the Resolution? Item 5ummaryiKecommenaation: On January 5, 2004, the City of Miami Beach (City) entered into a Development and Lease Agreement with the New World Symphony (NWS) providing for the design, development and construction of a 50,000 square foot educational performance and Internet broadcast facility and exterior screen (formally known as "Soundspace"), a park and a 608-space public parking garage to be located on the 17th Street surface parking lots, bounded by 17th Street to the north, North Lincoln Lane to the south, Washington Avenue to the east, and Pennsylvania Avenue to the west. A major component of the initial site preparation involves the relocation of the existing above ground FPL transformer vault and associated underground electrical lines near the corner of Pennsylvania Avenue and Lincoln Lane to a temporary vault necessary for the construction of the NWS garage. The project will also require the relocation of FPL's 13,000 volt underground electrical feeder line currently running in an east-west direction under the building footprint of the NWS building and is to be relocated south of the footprint see exhibit "A" that identifies the utility easement within City owned property. This relocated 13,000 volt line also includes the addition of two new electrical manholes to serve the future requirements of the NWS garage and building. The relocated underground electrical service and the transformers located in the Drexel Avenue/Lincoln Lane above ground vault must be demolished prior to the realignment of Drexel Avenue. Adviso Board Recommendation: N/A Financial Information:e Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Fernando Vazquez, Public Works 6399 Sian-Offs: Department Dire Assistant City Manager City Manager FHB RCM JM T:\AGENDA\2008WIay 14\Consent\NWS FPL EASEMENT- CONDENSED TITLE.DOC ~ MIAMIBEACH AGENDA ITEM DATE c~ 8 m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager PpJ~ ~~ DATE: May 14, 2008 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PERPETUAL EXCLUSIVE UTILITY EASEMENT TO FLORIDA POWER AND LIGHT (FPL) TO PROVIDE ELECTRICAL SERVICE FOR THE CONSTRUCTION OF THE REPLACEMENT FEEDER VAULT ON THE SITE OF THE NEW WORLD SYMPHONY PROJECT. ADMINISTRATION RECOMMENDATION Record a utility easement. FUNDING No funding is required in order to record the utility easement. ANALYSIS On January 5, 2004, the City of Miami Beach (City) entered into a Development and Lease Agreement with the New World Symphony (NWS) providing for the design, development and construction of a 50,000 square foot educational performance and Internet broadcast facility and exterior screen (formally known as "Soundspace"), a park and a 608-space public parking garage to be located on the 17th Street surface parking lots, bounded by 17th Street to the north, North Lincoln Lane to the south, Washington Avenue to the east, and Pennsylvania Avenue to the west. The Project officially broke ground on January 24, 2008, involving demolition of the west surface lot and installation of drainage structures and other sub-surface utilities, to enable the site for construction of the NWS building and improvements and the Garage. A major component of the initial site preparation involves the relocation of the existing above ground FPL transformer vault and associated underground electrical lines near the corner of Pennsylvania Avenue and Lincoln Lane to a temporary vault necessary for the construction of the NWS garage. Once the garage is constructed, the transformers in the temporary vault will be relocated into a vault inside the garage. The project will also require the relocation of FPL's 13,000 volt underground electrical feeder line currently running in an east-west direction under the building footprint of the NWS building and is to be relocated south of the footprint that identifies the utility easement within City owned property. This relocated 13,000 volt line also includes the addition of two new electrical manholes to serve the future requirements of the NWS garage and building. FPL's conduit design also includes the capacity to relocate underground electrical service and the transformers located in the Drexel Avenue/Lincoln Lane above ground vault into the garage vault so that the existing vault can be demolished. This FPL Drexel Avenue/Lincoln Lane vault must be demolished prior to the completion of the realignment of Drexel Avenue. The proposed location of the duct bank and temporary vault structure has been identified New World Symphony -FPL easement May 14, 2008 Page 2 of 2 and is reflected in the attached survey and corresponding legal description (See Exhibit "A"). In order for FPL to schedule and place their electrical service, the City is required to execute a perpetual exclusive easement, which grants future FPL access to service their equipment. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve and authorize the Mayor and City Clerk to execute a utility easement in favor of FPL in order to allow the New World Symphony Project to proceed. Attachment: 1. Exhibit "A", Survey, legal description and easement JMG/RCM/FHB/FV/kob/dw T:WGENDA120081May 141ConsentlNWS FPL easement MEMO.doc Exhibit "A" STONER & ASSOCIATES, INC. SURVEYORS -MAPPERS Tel. (954) 585-0997 4341 S.W. 62nd Avenue Florida Licensed Survey Davie, Florida 33314 and Mapping Business No. 6633 Fax (954) 585-3927 PENNSYLVANIA AVE. 0 N 0 S06'48'03"E _ 21.27'- M POINT OF ~ TERMINATION~~ 0 .~ ci ~C t'oo s~ ~ N~ O ~~~ J ~J m ~ POINT OF - ~ TERMINATIONS m ~~ o S0135'00"E ~' 13.79' SOl ;35'00"E_ 15.19' b POINT OF _ ~ TERMINATION ° S51'03'31 "E i 9.70'- z J Z J U Z J >- 3 O ~W z ZJ POINT OF TERMINATION o S0108'S2"E 3.13' N00'12'39'W~ 46.59' I icy I~d~ LOT 1 I ~ BLOCK 3 ~ m 3Z N. LINE, BLOCK 3/ N . S. RIGHT OF WAY LINE n L07 7 6LOCK 3 POINT OF NORTHERLY EXTENSION, TERMINATION E. RIGHT-OF-WAY LINE f (PENNSYLVANIA AVE.) _ N23'54'34"W 4.4C N62'19'28"W 19.96' ~-S88~5'00"W 18.85' REFERENCE POINT "F" S88~5'00"W 46.21' (TEMPORARY VAULT LOCATION) POINT "E" REFERENCE POINT °D" 33.40' SKETCH OF; EXHIBIT A FLORIDA POWER & LIGHT EASEMENT A PORTION OF THEN 1 /2, SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST CITY OF MIAMI-BEACH, MIAMI-DADE COUNTY, FLORIDA 10" S88~5'00"W 63.81' PREFERENCE POINT "C" PROPOSED NEW WaRLD N57'24'18"W 16.97' SYAIIPHONY 588 25'00"W 13.37' LD~i/4 n0N REFERENCE POINT "1" 61' 58825'00"W 58 A PORTION OF: . -$885'00"W 121.95' SECTION 34 ~ 53~ 42 REFERENCE POINT °H" S8825'00"W 16.16' REFERENCE POINT °G" S62 39'56"W 21.95' REFERENCE POINT "B" S88~5'00"W 42.39' e' PdNT QF ~G1NlWNG 10• REFERENCE POINT "A" N45'14'55"E 17.79' POINT OF TERMINATION N0471'37"W 22.55' Paler of COMMENCEMENT NE CORNER, LO7 7, BLOCK 3 WASHINGTON AVENUE SCALE: 1" = 60' o is ao eo 120 GRAPHIC SCALE LEGEND P.B.. PLAT BOOK PG. PAGE D.C.R• DADE COUNTY RECORDS LB.. LICENSED BUSINESS F CENTERLINE THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER A ASSOCIATES, INC. ANO SHALL NOT 8E REPRODUCED IN MtIOLE OR IN PART WITHOUT PERMISSION OF STONER de ASSOCIATES INC. COPYRIGHT B 2008 THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNONtEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIO SURVEYORS AND MAPPERS IN CHAPTER 61G77-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.07, FLORIDA STA'R/lES REVISIONS 417E BY 1. RMw EoNrtwd out of R/W pa CRy I 4/20/06 I 7HK James D. Stoner PROFESSIONAL SURVEYOR AND MAPPER N0. 4039 -STATE OF FLORIDA DATE OF SKETCH: DRAWN BY CHECKED BY FIELD I 4/21%OB THK JDS SEAL ~ NOT VALID UNLESS ~ SEALED HERE WRH ~ AN EMBOSSED SURVEYOR'S SEAL ~ SHEET 1 OF 2 ~ Location Yap NOT TO SCALE STONER & ASSOCIATES, INC. SURVEYORS -MAPPERS Tel. (954) 585-0997 4341 S.W. 62nd Avenue Florida Licensed Survey Davie, Florida 33314 and Mapping Business No. 6633 Fax (954) 585-3927 LEGAL DESCRIPTION FOR: EXHIBIT "A" A FLORIDA POWER & LIGHT EASEMENT A PORTION OF THE N 1 /2, SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST CITY OF MIAMI•BEACH, MIAMI-DADE COUNTY, FLORIDA LEGAL DESCRIPTION: LEGAL DESCRIPTION: (coNnNUED) LEGAL DESCRIPTION: (coNnNUED) A 10-FOOT WIDE FLORIDA POWER AND LIGHT EASEMENT BEING OF PORnON OF 1HE NORTH ONE-HALF (N 1/2) OF SECnON 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, THE SAID CENTERLINE OF SAID EASEMENT BEING MORE PARnCULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 7, BLOCK 3, LINCOLN ROAD SUBDIVISION i1 ; ACCORDING TO THE PLAT (HEREOF, RECORDED IN PUT BOOK 34, PAGE 68 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE 5.89'47'21 "W., ALONG THE NORTH UNE OF SAID BLOCK 3 AND IT'S WESTERLY EXTENSION (SAID UNE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF LINCOLN LANE), A DISTANCE OF 378.58 FEET; THENCE N.00'12'39'W., A DISTANCE OF 48.59 FEET 70 THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE, SAID POINT ALSO BEING REFERENCE PGNT i1'; THENCE S88Z5'00'W., A DISTANCE OF 42.39 FEET TO REFERENCE POINT 'B'; niENCf CONTINUE 588~5'00'W., A DISTANCE OF 121.95 FEET TO REFERENCE POINT 'C"; THENCE CONTINUE 5885'00"W., A DISTANCE OF 63.81 FEET TO REFERENCE PGNT D'; THENCE CONTINUE 5.88~5'00'W., A DISTANCE OF 33.40 FEET 10 REFERENCE POINT E ; SAID POINT BEING THE BEGINNING OF A 20 FOOT WIDE PORnON OF SAID EASEMENT INTENDED FOR A 7EiNPORARY VAULT LOCAnON; THENCE CONTINUE S.88Z5'00"W., A DISTANCE OF 46.21 FEET TO REFERENCE PANT F ; SAID PGNT BEING THE TERMINAnON OF SAID 20 FOOT WIDE PORnON; THENCE CONTINUE S.88Z5'00"W., A DISTANCE OF 18.85 FEET; THENCE N.6279 28'W., A DISTANCE OF 19.98 FEE7• THENCE N.233434'W., A DISTANCE OF 4.40 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST R/W UNE OF PENNSIIVANIA AVENUE, SAID POITN ALSO BEING THE POINT OF 7ERMINAnON OF THE HEREIN DESCRIBED CENTERLINE TOGETHER WITH: COMMENCE AT THE AFOREMENnONED REFERENCE PgNT A'; THENCE N.45'14$5 E, A DISTANCE OF 17.79 FEET; THENCE N.04~137'W., A DISTANCE OF 22.55 FEET 70 THE POINT OF TERMINAnON OF THE HEREIN DESCRIBED CENTERLINE. rocETHER IWTH: COMMENCE AT THE AFOREMENnONED REFERENCE POINT B"; THENCE S.8239'S8'W., A DISTANCE OF 21.95 FEET TO REFERENCE POINT "G"; THENCE S.8875'00"W., A DISTANCE OF 18.18 FEET TO REFERENCE PGNT H'; THENCE CONTINUE S.88~5'00'W., A DISTANCE OF 58.61 FEET TO REFERENCE POINT '1"; THENCE CONTINUE S.B8Z5'00'W., A DISTANCE OF 13.37 FEET; THENCE N.5774'18'W., A DISTANCE OF 18.97 FEET TO REFERENCE POINT "C ; SAID POINT BEING niE TERMINAnON OF THE HEREIN DESCRIBED CENTERLINE. rocETHER wlTrl: COMMENCE AT THE AFOREMENnONEO REFERENCE POINT D"; THENCE 50848'03 E, A DISTANCE OF 21.27 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY UNE; OF LINCOLN LANE, SAID POINT ALSO BEING THE POINT OF TERMINAnON OF THE HEREIN DESCRIBED CENTERLINE. TOGETHER W11H: COMMENCE AT THE AFOREMENnONED REFERENCE PGNT 'G"; THENCE 55117331 E, A DISTANCE OF 19.70 FEET; THENCE 5010852'E, A DISTANCE OF 3.13 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY UNE, OF LINCOLN LANE SAID POINT ALSO BEING THE POINT OF 7ERMINAnON OF THE HEREIN DESCRIBED CENTERLINE. TOGETHER WITH: COMMENCE AT THE AFOREMENnONED REFERENCE POINT FI'; THENCE 5.0135'00 E, A DISTANCE OF 15.19 FEET TO A PGNT ON THE NORTH RIGHT-OF-WAY UNE, OF LINCOLN LANE, SAID PGNT ALSO BEING THE POINT OF 7ERMINAnON OF THE HEREIN DESCRIBED CENTERLINE rocETHER WITH: COMMENCE AT THE AFOREMENnONED REFERENCE POINT 1'; THENCE S.0135'00'E, A DISTANCE OF 13.79 FEET 70 A POINT ON THE NORTH RIGHT-OF-WAY UNE, OF LINCOLN LANE, SAID POINT ALSO BEING THE POINT OF TERMINAnON OF 1HE HEREIN DESCRIBED CENIERUNE. THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS, SAID SIDELINES ALSO TO BE SHORTENED OR LENGTHENED TO MEET THE NORTH RIGHT-OF-WAY LINE OF LINCOLN LANE ANO THE NORTHERLY EXTENSION OF THE EAST RIGHT-OF-WAY UNE OF PENNSriVANIA AVENUE SAID LANDS SITUATE, LYING AND BEING WITHIN THE GTY OF MIAMI-BEACH, MIAMI-DADE COUNTY, FLORIDA, CONTAINING 8,978 SQUARE FEET, MORE OR LESS NOTES: 1. THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP, RIGHTS-OF WAY, EASEMENTS OR OTHER MATTERS OF RECORD. Z THIS SKETCH IS 'NOT VALID' WITHOUT THE SIGNATURE AND THE ORIGNAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3. THE BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING OF 5.89 47'Zi'W., ALONG niE NORTH UNE OF BLOCK 3 LINCOLN ROAD SUBDIVISION A ; ACCORDING TO THE PLAT (HEREOF, AS RECORDED IN PLAT BOOK 34, PAGE 68 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. 4. THIS SKETCH DOES NOT REPRESENT A FlELD SURVEY. (1HIS IS NOT A SURVEIL. 5. THIS SKETGi OF DESCRIPnON WAS PREPARED BY IRIS FIRM WITHOUT 1HE BENEFlT OF A nnE SEARCH. THE LEGAL DESCRIPnON SHOWN HEREON WAS AUniORED BY STONER de ASSOGATE$ INC. 6. THIS SKETGi AND DESCRIPnON IS BASED UPON AS-BUILT INFORMAnON OF THE FPL LINES AS PRONDED BY DON d SUWVAN Qr ASSOGATES J08 NUMBER 07-247, PERFORMED FOR MEGA-TREND UTILITY CONTRACTORS. Cn CT ~O THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER Qt ASSOGATES, ING AND ~ I SHALL NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT PERMISSION OF STONER er ASSOGATE$ INC. COPYRIGHT ©2008 ~ r\dwgVIM~S-FPL EaanenLdrq SHEET 2 OF 2 r Work Request No. 2008-26814 EASEMENT Sec.34, Twp 53 S, Rge 42 E This Instrument Prepared By Name: Stoner & Associates. Inc. Parcel I.D.02-3227-000-0090 Co. Name: (Maintained by County Appraiser) Address: 4341 S.W. 62"d Avenue Form 3722 (Stocked) Rev. 7/94 Davie. Florida 33314 -- _ _ _ pg 01 of 01. 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 licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of underground electric utility facilities (including transformers, cables, conduits 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 as described in the following pages. See Exhibit "A" for easement description Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said ppremises at all times; 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 /`r~T~ ~ , 20.8 Signed, Baled an Yiel' red ' the presence of: t ne(~ t na re Print Name: ( ~1 L~G~~-` ~ t assess t L' '~C, N'" ' t ess tgna r`e~/ Print Name: ~~ ! ~ ~ ' ~v~- r' ~%~ (Witness) City of Miami Beach t~ te~s n e~ .__ _, , By: ~` / r ten PrintNa Matti Herrera Bower, Mayor Print Address: 1700 Convention Center Drive Miami Beach, FL 3313 Attest: acre s stgna re Print Name: __Robert Parcher, City Clerk Print Address: 1700 Convention Center Drive Miami Beach, FL 33139 (Corporate Seal) STATE OF Florida AND COUNTY OF Miami-Dade .The foregoing instrument was acknowledged before me this ~~day of~ , 200, by Matti Herrera Bower ,and Robert Parcher respectively the P.ta~erit and City Clerl6ee~y of Miami Beach , a corporation, on behalf of said corporation, who are personally known to me or have produced ----------------- as -iderttifictlfiion, and who did (dam) take an oath. (Type of Identification) My Commission Expires: N tary P i , ignature i_ l~ Print Name ~ QY Y `,~;~rty,~: KERRYHERNANDEZ .; .- MY COMMISSION # DD 626373 ~•.,• off: EXPIRES: May 3, 20t t ''~,/fF ~~ Bohded ThN Notary Pubec Urtdenvrtters ~~ Z APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ P ~~ D e