HomeMy WebLinkAboutReso 2007-1145
RESOLUTION NO. 2007-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN EASEMENT
AGREEMENT WITH FLORIDA POWER & LIGHT (FPL), FOR THE
PELICAN COMMUNITY PARK LOCATED AT 18115 NORTH BAY
ROAD, ATTACHED HERETO AS EXHIBIT "A", TO INSTALL A
SWITCH CABINET AND A TRANSMISSION TO PROVIDE ELECTRIC
POWER TO THE PARK; AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE SAID AGREEMENT; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE
THE TERMS OF THIS RESOLUTION; PROVIDING DIRECTION TO
THE CITY CLERK TO RECORD SAID EASEMENT AGREEMENT IN
THE MIAMI-DADE COUNTY RECORDS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach is the owner of Pelican Community Park
located at 18115 North Bay Road; and
WHEREAS, the City is in the process of completing Pelican Community Park located at
18115 North Bay Road and wishes to grant Florida Power & Light Company (FPL) a 10-foot x
20-foot easement, on terms and conditions set forth in Exhibit "A", for the installation of a
switch cabinet together with a transmission that is needed to provide electric power to the Park.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Easement Agreement. The Easement Agreement with Florida Power
& Light Company (FPL) for Pelican Community Park located at 18115 North Bay Road to
install a switch cabinet and transmission, attached hereto as Exhibit "A", is hereby approved.
Section 2. Authorization of City Manager or Designee. The City Manager or designee is
hereby authorized to execute said Easement Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this resolution.
Section 4. Direction to City Clerk. The City Clerk IS hereby directed to record said
Easement Agreement with Miami-Dade County.
Section 5.
Effective Date. This Resolution shall be effective upon adoption.
R2007- FPL Easement Agmt Pelican Comm Pk 1
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. '; Jane A. Hjnes, CMC, City Clerk
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APPROVED AS TO FORM AND
LEGAL SUFFI I
Vote: S; -b
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
V(Yes)
0Y es)
~es)
0Y es)
-0Yes)
Moved by: r..o~ ~~21~
Seconded by: Vlc..t.. y{\~t:rr (\4~~
_(No)
_(No)
_(No)
_(No)
_(No)
R2007- FPL Easement Agmt Pelican Comm Pk 2
Wor\< Request No. _ EASEMENT
, . s /I T 52s R cf.Z-E This Instrument Prepared By
ec._, wp_ , ge_
Name:
Parcel I,D. 8/- ~::LII-Olq-OOIDCo. Name: ~ Power & Liqht Company
(Maintained by County Appraiser) Address:
Form 3722 (Stocked) Rev. 7/94
pg_of_.
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 overhead and underground
electric utility facilities (including wires, poles, guys, 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 ~ feet in
width described as follows:
?s A iT Ac.+-4-
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f:Yt,HBIT .A
111I1I11l1\\ 1I111111l11\H1 lllll 111111111 1111
C:FI"'R 20Cl7R 1. 026978
OR Bk 26004 P9S 4310 - 4312; (3P9S)
RECORDED 10/23/2007 13=41=11
DEED DOC TAX 0.60
SURTAX 0.45
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
Reservecf for Circuit Court
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 tile easement ana 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 aangerous trees or 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
gr~nted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through
said pr perty.
S WHEREOF, the undersigned has signed and sealed this instrument on fJ t.J a. 10 , 20.E.7
C, f)~ SVhn /~ /~ s ;B~),.
I ness Igna ure
Print Name: M-A0tAUO ~\WL-
(Witness)
,,1~~~~~J
Print Address:
Attest
Print Name: :LO<V#JNt We-I ~L
(Witness)
Print Name:
Print Address:
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STATE OF _ROY;d.o... AND COUNTY.sf Hid.rt\, - rAd.c... The foregoing instrument was'acknowledged before me this
I~ day of~, 20M, by ;j b~je.. L. VUA.. , and ~ ~ A.. Hi~
respectively the ~~. CC~hypreE:iQOAt and c...j~ clut.. ~00rotary of c..., ~ ot! 5wt\f\Y T61eo ~. ' a ~O"ljllfl\e.l~i.J.
corporation, on behalf 0 said corporation, who are personally known to m~ or have produced - as
identification, and who did (did not) take an oath.
My Commission Expires:
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Notary Public State 01 Florida
Priscilla T'iler Walker
My Commission 00548519
Expires 07/24/2010
LEGAL DESCRIPTION
FPL EASEMENT AT PELICAN COMMUNITY PARK
A ten foot by twenty foot easement located at the Northeast corner of Tract 'A', Peru
Towers, recorded in Plat Book 99, Page 66, more particularly described as follow:
Commence at the northeast corner of said Tract 'A' of Peru Towers, the true point of
beginning of the tract herein described, said point being on the southerly right-of-way of
182nd Drive in the City of Sunny Isles Beach, Florida;
Thence Northwesterly, along and with the southerly right-of-way line of said 182nd Drive,
for a distance of 20 feet;
Thence Southwesterly, and perpendicular to 182nd Drive right-of-way line, for a distance
of 10 feet;
Thence Southeasterly, parallel to the southerly right-of-way line of said 182nd Drive, for a
distance of 20 feet;
Thence Northeasterly, 10 feet to the point of beginning, said easement containing
0.00459 Acres, more or less.
Exhibit' A'
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I HEREBY CERTIFY that thIs IS a trlle CO~OI the
)(Igma/ fi/e9j,n this ff~ce on r2 ,_ d~ ~
U . AD 20-.!2L
MTNESS my hand <!fld Official Seal,
'~AR' , CLERK.
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Florida Power & Light Company
I=PL
August 10,2007
RE:
Dear:
Enclosed is the easement form required by FPL to provide electric service to the above referenced facility, Please complete
the instrument according to the following instructions, DESCRIBE, EXECUTE and RECORD the easement and return a
recorded copy to me. This easement needs to be returned to FPL prior to energizing your proposed facility, Failure to do
so could delay the timely installation of your electric facilities,
Parcell. D. #:
Enter Parcell. D, # in the upper left portion of the easement form,
Describe Easement:
Use the blank area in the middle of the form to describe the easement. If additional space is required, an
Exhibit "A" attached as a 2nd sheet to the instrument may be used, Metes & bounds may be used but a
center line description is most common. A pictorial view of the easement may also be attached as an
Exhibit "An, Easements are usually 10ft in width, 5ft on either side of FPL facilities to be installed,
Signing and Witnessing:
A. For Individuals: All persons shown on the deed must sian the easement. Enter date in space provided,
Sign on the indicated lines on the right side in the presence of two (2) separate witnesses, who sign on
the lines to the left, and a notary public who completes the acknowledgement forms as described below,
The notary public may be one of the witnesses and if so must sign at the left in the space provided,
B, For Corporations: Enter date in space provided, The President, or Vice-President and the Secretary or
an Assistant Secretary sign on lines indicated on the right, filling in their title below, in the presence of two
(2) separate witnesses, who sign on the lines to the left, and a notary public who completes the
acknowledgement forms as described below, The corporate seal must be affixed adjacent to the officer's
signatures,
Acknowledgements:
The notary public should legibly fill in all blanks, including state and county of execution, names of
individuals or officers signing and their titles, state or county where empowered to act, expiration date of
commission, fill in date, sign on line provided and affix seal adjacent to the signature of the notary public,
Record the Easement:
If there are any questions with regards to the easement, please call me prior to recording the easement.
Have the easement Recorded at the , only the unaltered FPL standard easement form (form
3722) will be accepted by FPL.
If you have any questions, please call me at
Sincerely,
Construction Services
an FPL Group Company
repalr to FPL's system, once installed, will be paid by the Custome~ if said repair is a result of damage caused by
the Customer or any of the Customer's contractors or subcontractors
d) Provide sufficient and timely advance notice (30 days) as required by FPL, for FPL to install its underground
distribution facilities prior to the installation of paving, landscaplng, sodd1ng. sprinkler systems, or other surface
obstructions In the absence of sufficient coordlnation, as determined by FPL, by the Customer, all additional costs
for trenching and backfilling shall be paid by the Customer, and none of the costs of restoring paving, landscaping
grass. sprinkler systems and all other SUrface obstructions to their original condition, should they be installed
prior to FPL's facilities, shall be borne. by FPL,
e) Pay for all additional costs incurred by FPL which may include, but are not limited to, engineering design.
administration and relocation expenses, due to changes made subsequent to this agreement on the subdivision or
development layout or grade.
f) Provide applicable trenching, backfilling and installation of Company provided conduit in accordance with FPL
speci fications.
9. FPL shall:
a) Provide the Customer with a plan showing the location of all FPL underground facilities, point of delivery, and
transformer locations and specifications required by FPL and to be adhered to by the Customer.
b) Install. own. and maintain the electric distribution facilities up to the designated point of delivery except when
o'therwise noted,
c) Request the Customer to participate in a pre-construction conference with the Customer's. contractors, the FPL
representatives and other utilities within six (6) weeks of the start of construction, At the pre-construction
conference, FPL shall provide the Customer with an estimate of the date when service may be provided,
10, This Agreement is subject to FPL's Electric Tariff. including but not limited to the General Rules and Regulations for
Electric Service and the Rules of the Florida Public Service Commission. as they are now written, or as they may be
revised. amended or supplemented
Accepted'
"Oid::'Y~ ['11:: .1.m1,
0\ ~h""J (~J:..~ Ist~
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(Date)
The Customer and FPL w111 coordinate closely 1n fulfilling obligat10ns in order
service at the time of the Customer's receipt of a certificate of occupancy.
~(!2~
(Print Name)
Witness
Witness
(Dale)
2