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Home My WebLink AboutReso 2009-1417 ( ~ :~ 111111I1111111I11111111111111111111I111111111 RESOLUTION NO. 2009- -' ~ , , CFN 2009R0381737 OR Bk 26879 P9S 1175 - 1176; (2P9SI RECORDED OS/27/2009 10:01:54 HAfi~VEY RUVIth 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 OCEANIA PARK FOR UNDERGROUND CONVERSIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENTS IN SUBSTANTIALLY 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 (Oceania 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 (Oceania 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 - FPL Easement 1\!,'feement Oceania Park Page 1 of 2 < . . , .. OR BK 26879 PG 1176 LAST PAGE PASSED AND ADOPTED this 21 st day of May 2009.' C~T \' 0,. 1 ,.., 1\-.' '.- (~ ATTEST: '/'. ( - " ~ i' ..; ,... I. I I . f' ...., .I' ~ '. . ::. .:...,.t; ) " -' . ~ ~ll\~ ,~O ...'.:Jane A. Hines, rM.' C, City Clerk ~ .~ \ '( ~ h"~' ~ ~ . fj; 'i)' __.(> ,;-1Ijl. '(1 . "~ ,''' r APPROVE AS TO FORM AND G SUF CIENCY: , Vote as Follows: ~-o Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl R2009 - FPL Eascmcnt Agrccmcnt Occania Park Moved by: ~W\~ <;c..~OLL. V\o..~OV 1HM-~ Seconded by: ~(Y es) V(Y es) 17(Yes) V(Yes) ---1L(Y es) _(No) _(No) _(No) _(No) _(No) Pagc 2of2 " 111111I1111111I1111111111111111111I1111111111 PREPARED BY AND RETURN TO: Florida Power & Light General Office Law/JB 700 Universe Blvd. Juno Beach, Florida 33408-0420 FOLIO NO. 3(.Z2L4-0D~~ O~ CFN 2009R0381738 OR Bk 26879 P9S 1177 - 1180; (4P9SI 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 ~ 19"' day of ~, 2009, by and between the CITY OF SUNNY ISLES BEACH, a Florida municipal corporation, 18 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. ;) q. rO , 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. ~ ~N WITNESS WHEREOF the undersigned has set his/her hand and seal this .50"k1 day of ~\ ,2009. Signed, sealed and delivered in the presence of: Witness I ., L I / . ~() ~Gtg - V 6!f1ZA- Typed Name of Witness II'Em "< I t= r.s. (!Jt t:; L- W~ ~ / Typed Name of Witness STATE OF FLORIDA COUNTY OF MIAMI DADE I HEREBY CERTIFY that on this day, before me, an ~ duly authorized in the State and ~ol:lnty aforesaid to take acknowledgments appeared ,e.k Co (\(\e,.r- , as f\a.h~ Clt":l ~ for City of Sunny Isles Beach, who is personally known to me to be the person descr ed in and 0 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. ~c1X1-r~ ~ NOTARY PUBLIC ~~t.l~ -r"{\.e.r u)C\\~ Printed Name of Notary WITNESS my hand and official seal this My commission expires: itll'~1 Pll\ . .. ~L_ ~ 'S .~ Of ...r!' Notary PlJblic State of Florida Pri~cilla Tyler Wa!kr~r My commissi~n ~D548519 Expires 07/24/20 10 --. 2 R-JJ.51' !=> . CA-I1'05'26~ ~. L-6.49' .............. C'Q / LOT 97 It- ~(']'"iT- '1/ 'P<<, '( 1- '. , . SUNNY ISLES OCEAN BEACH lBOULEVARD IS.R. 82~) . T "BROWN'S BASE LINE ~ SUNNY ISLES BASELINE ~ AND TIE-INS P.B. 34, PG. 95, M.D.C.R. Vl 'W - Z z ~:=- .o~ cnc:Vl Nm<( cnom I- Vl 'w - Z z cn:=_ "'0...J cic:w IX)mVl IX) < om I- Vl _ 'z w cn:=z "'0::; oic:w U1mVl IX) < om I- Vl - 'zw cn:=z ~o::; cnc:w ~m~ ~om I- 2.0' SEA WALL 1.4' CONCRETE WALL a> ~ '0 ...: ~ Vl o..J ...J a. LL I D Vl I > 1 " ~ N 01 o .....- I U I- W ~ ,. >- Q.J ~ :l Vl -::: c Q.J E Q.J "' o o..J ...J a. LL .s::: u o Q.J lD "' Q.J :!i >- c C :l Vl ...J ...J - < -:;: ~< w Vl - - R-405.5J' CA-2"27'OO' L-17.J4' .:;-- ...J - < -:;: ~< w Vl 1.4' SEAWALL ,,' 0)' f Calvin, Giordano ~ Associates, Inc, ] EXCEPTIONAl SOLUTIONS . 1800 Eller Dri.... Suil. 600. fort LIUdeJdoI., florid. 11116 Phone: 954.921.7781 . Fax: 954.92l.8807 · CerllflceL. 01 Aulhorlzatlon Il7Dl BKR..eR or DDBCa...IP"I'IOl'f LEGEND D.C.R.-OAOE COUNTY RECORDS lof.D.C.R.-loflAUl DADE COUNTY RECORDS P.B.-PLAT BOOK PG.-PAGE PL-PROPERTY UNE C.B.S.-CONCRETE BLOCK STRUCTURE 60 I GRAPHIC SCALE 15 . 15 JO ~,..~ I 11M PDT) 11...~-30n. 50.0' LOT 97 50.0' R/W R/W ~ 0::: ~ <( ,-... .~ o..~ IU W U . <( ", <(0 ::::Ecng ::> W - ;:"'N Z mL() .... ............. 0: oc:ow w/c I'-'"') wl-Ol~ Z ZON/- >.... <(0 -o....u c(c( ...J~:r:O Wo.. ;: Vl. .........w <.:l U 0:::> 'z en. o - zow /-~\O za: L() Vl Ru (/) ~<(IX)~ . Vl 'W :Jen - m ~~::::E -11- ~ . ::1Vlr ::>0.. 8 II) 0 I-- "---" 0 <( I-- LOT 96 50.0' . I . 50.0' R/W R/W ~ LOT 9:1 LOT 95 A TLANTIC ISLAND SUNNY ISLES FPL EASEMENT SCAlE SHEET PROJECT No '"=30' 09-2417 4 D4TE CAll fILE SUNNY ISLES BEACH, MIAMI-DADE, FLORIDA 04/22/2009 or 4 '. OR BK 26879 PG 1180 LAST PAGE . "' / LAND DESCRIPTION FPL EASEMENT ATLANTIC ISLAND SUNNY ISLES CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA PARCEL 1 A portion of a parcel of land being described in 'Exhibit A' of that certain Quit Claim Deed recorded in Official Records Book 21753, Page 795 of the Public Records of Miami-Dade County, Florida, also being a portion of Lots 97 and 98 of TATUM'S OCEAN BEACH PARK, according to the plat thereof as recorded in Plat Book 5, Page 35, of the Public Records of Miami-Dade, County, Florida, said portion being more particularly descri~ed as follows: Bounded on the Southerly side by a line drawn parallel with and 889.39 feet South of, measured at right angles to Brown's Base Line as shown on the plat of SUNNY ISLES BASELINE AND TIE-INS according to the plat thereof as recorded in Plat Book 34, Page 95 of the Public Records of Miami-Dade County, Florida; Bounded at the Northerly side by a line drawn parallel with and 859.39 feet South of, measured at right angles to said Brown's Base Line; Bounded on the Easterly side by the Westerly right-of-way line of State Road A-I-A as shown on the Florida Department of Transportation Right-of-Way Map, Section 87060, Sheet 29 of39, done by Metric Engineering, dated October 2003; Bounded on the Westerly side by the face of sea wall as constructed along the Easterly bank or shore line of Ocean Canal as said Ocean Canal is shown on plats of ATLANTIC ISLAND, SUNNY ISLES, according to the plat thereof as recorded in Plat Book 34, Page 17 and POINCIANNA ISLAND, SUNNY ISLES, according to the plat thereof as recorded in Plat Book 34, Page 100 of the Public Records of Miami-Dade County, Florida. ..~.... .-""'.~ - ~_...... .....,...,...,. ---- .---- .---- -.- ..--