HomeMy WebLinkAboutReso 2009-1418
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RESOLUTION NO. 2009- ~
CFN 2009R0381735
OR Bk 26879 P9S 1170 - 1171; (2P9SJ
RECORDED OS/27/2009 10:01:54
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN
EASEMENT AGREEMENT WITH FLORIDA POWER AND
LIGHT COMPANY ("FPL") IN SENATOR GWEN MARGOLIS
PARK FOR UNDERGROUND CONVERSIONS;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENTS IN SUBST ANTIALL Y THE SAME FORM AS
THE ATTACHED EXHIBIT "A"; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance number 2006-269 Section 250-23 of the Code of the
City of Sunny Isles Beach, connection is required to the underground electric facilities when
available and disconnection from overhead telephone and cable television facilities when
underground facilities are available; and
WHEREAS, Florida Power and Light Company ("FPL") is in the process of converting
certain overhead distribution facilities located within Atlantic Isles community to underground
facilities, and has further requested that certain of the underground facilities be placed in certain
of the City's property (Senator Gwen Margolis Park); and
WHEREAS, to accomplish this objective, FPL requires an Easement Agreement with the
City in order to place certain underground facilities in the City's property (Senator Gwen
Margolis Park).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified
and confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Approval of Easement Agreement. The City Commission of the City of Sunny
Isles Beach hereby provides the City Manager with the authority to execute Easement
Agreements for underground conversion with FPL in substantially the same form as the attached
Exhibit "A".
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. Effective Date. This Resolution will become effective upon adoption by the City
Commission.
R2009 - /lPL Easement Agreement Senator Gwen Mawli, Park
Page 1 of 2
;
I,
PASSED AND ADOPTED this 21st day of May 2009,
C\tY 0' ~
! a I :/~.~
· A T~TES'I: '~. .
I ' .
c':;; . j.;,.
1{~:N~
~ 't.. Jane A.lliines, .GMC, City Clerk
~o'.. .. \ (.'-.
" ~,,,
,; .";M>pA,oVE AS TO FORM
~
"r :r~AN / " G UFFICIENCY:
Vote as Follows: f>-o
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
.-
OR BK 26879 PG 1171
LAST PAGE
Moved by:
Seconded by:
--iL... (Yes)
~(Y es)
V(Yes)
~(Yes)
~(Yes)
R2009 - FPL Easement Agreement Senator Gwen Mawlis Park
Page 2 of 2
Cl~~C.HOU-
'VlU M.~~CCiL
_(No)
_(NO)
_(NO)
_(NO)
_(NO)
111111I1111111I1111111111111111111I11111I1111
PREPARED BY AND RETURN TO:
Florida Power & light
General Office Law/JB
700 Universe Blvd.
Juno Beach, Florida 33408-0420
FOLIO NO. '31" 2Z( 1 - (){pY- f)OJ 0
CFN 2009R0381736
OR Bk 26879 P9S 1172 - 1174; (3P9S)
RECORDED OS/27/2009 10:01:54
DEED DOC TAX 0.60
SURTAX 0.45
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
EASEMENT TO FPL
THIS EASEMENT made this ~ day of t1~ ,2009, by and between the CITY OF
SUNNY ISLES BEACH, a Florida municipal corporation, 18 a 70 Collins Avenue, Sunny Isles Beach, FL
33160 "Owner" and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, "Grantee" or "FPL."
WITNESSETH
WHEREAS, the Owner purports to have an interest (hereinafter "Easement Rights") in the
property situate in Sunny Isles, Miami-Dade County, Florida, and described as follows:
SEE EXHIBIT A (hereinafter referenced as the "Easement Land")
WHEREAS, the Owner desires that FPL install certain electrical facilities on the Easement Land,
WHEREAS, in order that FPL may install its facilities on the Easement Land, the Owner desires
to grant and/or assign its Easement Rights in the Easement Land to FPL..
NOW, THEREFORE, in consideration of the mutual benefits and agreements set forth herein,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto do hereby agree as follows:
1. The Owner does hereby grant and/or assign unto FPL its agents, successors and assigns
an easement forever over the Easement Land to enter on, under and across said Easement Land at all
times and to construct, reconstruct, and maintain overhead and underground utilities facilities including
cables, wires, conduit, and all appurtenances thereto (the "Facilities") 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 the Easement Land; together with the right to permit any other person, firm or corporation to
attach wires to the Facilities hereunder and lay cable and conduit within the Easement Land and to
operate the same for communications purposes; the right of ingress and egress to said Easement Land
at all times; the right to clear the Easement Land and keep it cleared of all trees, undergrowth and other
obstructions within the Easement Land; the right to trim and cut and keep trimmed and cut all dead,
weak, leaning or dangerous trees or limbs outside of the Easement Land 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.
2, The Owner states that this Easement shall be and constitute a covenant running with the
land, fully binding upon the Owner and the successors and assigns of the Owner.
3. The Owner does hereby warrant that this Easement has been duly executed and does
hereby fully warrant its interest in the Easement Land, and will defend FPL against the lawful claims of all
person whomsoever.
.ltt ~O
.
3. The Owner agrees to indemnify and hold FPL and its affiliates, subsidiaries, directors,
officers, employees, agents, contractors, successors and assigns (the "FPL Entities") free and harmless
from any and all claims, demands, actions, or causes of action of every kind and nature whatsoever
related to FPL's use, occupancy and operation on the Easement Land, including but not limited to, costs,
attorneys' fees and settlements, claims of trespass or unauthorized use and occupancy of the Easement
Land by the FPL Entities.
4, Following completion of the installation of the Facilities, in the event the Owner requests that
FPL remove or relocate any of the Facilities, the Owner agrees to reimburse FPL for the costs and
expenses incurred for such removal or relocation of same.
l\~N, WITNESS WHEREOF the undersigned has set his/her hand and seal this ~~ day of
~\ ,2009,
Signed, sealed and delivered
in the presence of:
By:
Print Name: (
~ (';, '9
Title: {
/J1JJ,nj~L
I'
I
STATE OF FLORIDA
COUNTY OF MIAMI DADE
I HEREBY CERTIFY that on this day, before me, an ~r duly authorized in the State and
County aforesaid to take acknowledgments appeared ; Q..L& I\Y\~ , as
for City of Sunny Isles Beach, who is personally known to me to be the person
described in and who execute the foregoing instrument and acknowledged before me that he/she
executed the same and is authorize to execute same on behalf of City of Sunny Isles Beach. and who
did not take an oath.
My commission number is:
(Notary seal)
day of ~ \ , 2009.
: e","~~ u..PO~
NOTARY PUBLIC <J ...
~~ \\'\ Ty\~ LO ~ \k.a...
Printed Name of Notary
WITNESS my hand and official seal this ~
My commission expires:
0""" ,~ Notary P!1bIic State of Florida
~ ",I'f. Priscilla T Ilel Walk3r
,~" I My Commission OD548519
Of~ Expires 07/24/20'10
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