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Home My WebLink AboutReso 2008-1289 RESOLUTION NO. 2008-J2...8Q 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") FOR THE VACATED ALLEY RUNNING NORTH AND SOUTH FROM 18STH STREET TO 191sT STREET, ATTACHED HERETO AS ATTACHMENT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to an Interlocal Agreement dated November 4, 1997, by and between the City and Miami-Dade County, the City obtained jurisdiction over an alley designated as a utility easement running north and south from 185th Street to 191 st Street; and WHEREAS, on February 20, 2003, the City Commission passed and adopted Resolution No. 2003-511, which provided for the vacation of the alley running north and south from 185th Street to 191 st Street and confirmed an agreement to provide the City and utility companies with a perpetual easement to use the alley for a public purpose; and WHEREAS, FPL is in the process of undergrounding all utilities on the north end of the City and requires an easement from the City in order to install underground utilities in the vacated alley. 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 approves the terms and conditions of the Easement Agreement as set forth in Attachment "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. PASSED AND ADOPTED this 17th day of July 2008. ?) ) /)'//1/11[/ ,t, ayor Norman S. Ede cup Resolution No. 200H - FPJ. casement agrl'ctncot Page I of 2 :]:~~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~~ ./ Hans Ottinot, City Attorney Vote as Follows: S-D Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl Resolution No, 2008 - 1'1'1, casement agrccmcnt Moved by VI (g vY\~tJv L!I\L~ Seconded by: ~~ ~E2.ltJ ~(Yes) L.- (Yes) V(Y es) V-ZY es) ~Yes) (No) _(No) _(No) (No) _(No) Page 2 of 2 111111I111111111I1111I111111111111I1111111111 PREPARED BY AND RETURN TO: Florida Power & Light General Office Law/JB 700 Universe Blvd, Juno ~c~1F~orida~3~408-0420 ....1 , 'pt.\~!it:. 5 FOLl Q..b1 0 , ~ ASf) IpE ("::FR'.! 2()()SI::;;:OB()OB3 J. Dr;: Bk ?{,':8J P9S U71 -. 137,;.; (lip',,;:' RECORDED 10/01/2008 10=39:25 DEED DOC TAX 0.60 SURU\;{ o. '~5 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA CITY OF SUNNY ISLES BEACH EASEMENT TO FPL THIS EASEMENT made this ,st day of June, 2008, by and between the CITY OF SUNNY ISLES, a Florida municipal corporation, 18070 Collins Avenue, 4th FL Sunny Isles Beach, FL 33160 "City" and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, "Grantee" or "FPL." WITNESSETH WHEREAS, the City purports to have an interest (hereinafter "Easement Rights") in the property situate in Sunny Isles, Broward County, Florida, and described as follows: SEE EXHIBIT A (hereinafter referenced as the "Easement Land") WHEREAS, the City 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 City 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 City 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 City states that this Easement shall be and constitute a covenant running with the land, fully binding upon the City and the successors and assigns of the City. ~ City of Sunny Isles Easement to FPL Page 2 of3 3. The City 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. 4. The City 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. 5, Following completion of the installation of the Facilities, in the event the City or the owner requests that FPL remove or relocate any of the Facilities, the City agrees to reimburse FPL for the costs and expenses incurred for such removal or relocation of same. IN WITNESS WHEREOF the undersigned has set his/her hand and seal this I!it- day of June, 2008. Signed, sealed and delivered in the presence of: A 1\ GRANT~R: CIT'('OF SUNNY ISLES By ~1J/ j~J Print Na~e: A 00J S2c~{~ C:i;! ivrS fL Title: City M nager Attest ~ f\ ~ ,0\\( / C'___'TY' C,L~~ Witn~ A I~' ~'A~CC , ~ \ TV t..{" Typeg. . ame o. f Witness V' . ~~M/~'cl. ~~ Witnes -:s 'A ~ "-'\ \V\ -e..... J.... ~ A-e-N c2.S Typed Name of Witness APR OVED AS TO L~GAt- qESCRIPTlON: By: L-~ ~istant ~Jty Manager STATE OF FLORIDA COUNTY OF BROWARD :~PRrtJt:lI( / f 'Gity Attorney ,/ I HERE~Y CERTIFY that on this day, before me, ~n officer duly authorized in the State and County aforesaid to take acknowledgments appeared A . ~O nl\ .s'2.~I~ ' as City Manager for the City of Sunny Isles who is personally known to me to be the pet'son 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 the City of Sunny Isles, and who did not take an oath. WITNESS my hand and official seal this l ~ day of June, 2008. 2 City of Sunny Isles Easement to FPL Page 3 of 3 My commission expires: My commission number is: 'I I~ 'i\;;>O 10 DDS~~SI9 " ?~R~ ~~~ ~ u.)" 0 W, ,,~~ I~ u)a.~o4-'e, Printed Name of tary (Notary seal) ".,.' ~~ Notary Public Slate of Florida R'\.4 'f- Priscilla Tyler Walker ~~; My Commis3ion 00548519 ~Of f\.d" Expires 07/24/2010 3 OR BK 26591 PG 1374 L...AST F.AGE EXHIBIT 'AI FPL UTILITY EASEMENT A twenty (20) foot alley located in Golden Shores, Sunny Isles Beach, Florida more particularly described as follows: Twenty (20) foot alleyway of Block 1 and part of Block 2 of Golden Shores Ocean Boulevard Estates Sec '0' (PB 53, Pg 48), together with a twenty (20) foot alleyway of a part of Block 2 and 3 of Ocean Boulevard Estates Sec 'A' (PB 48, Pg 39), together with a twenty (20) foot alleyway of a part of Block 3 of Golden Shores Ocean Boulevard Estates Sec 'B' (PB 51, Pg 15) as recorded in the public records of Miami Dade County, Florida. 1921 ST 191 TER I 191 ST 1 ' o. ~ >- : ~ ~ o ,~ ,EI 20' F:P&L . - "UTIJITY ~ EAS'EMENT <0 190 ST 189 TER ", , .1 I 0 189 ST ~ 1 I' I 1 ml 1. ' I' T i'" ~ia ~ 188 ST z," i 1 j,Lo . I " .', ' ~I~ 187 ST ',. or '~, ~ :!, w > <( VJ' a,~ -- ..J ..J 0' It) 11 ,L .J .l " / / / " I J 186 ST .'1 1 ; TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcllp, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Lewis Thaler, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM The Honorable City <;:o'llmission ~ ~~ PtJ,c\ Hans Ottinot, City Attorney July 17,2008 Resolution approving an Easement Agreement with Florida Power and Light Company for the vacated alley running north and south from 185th Street to 191 st Street RECOMMENDATION: It is recommended that the City Commission approve the attached Resolution approving an Easement Agreement with Florida Power and Light Company ("FPL") for the vacated alley running north and south from 185111 Street to 191 sl Street. REASONS: Pursuant to an Interlocal Agreement dated November 4, 1997, by and between the City and Miami-Dade County, the City obtained jurisdiction over an alley designated as a utility easement running north and south from 185111 Street to 191 sl Street. On February 20, 2003, the City Commission passed and adopted Resolution No. 2003-511, which provided for the vacation of the alley running north and south from 1851h Street to 191 sl Street and confirmed an agreement to provide the City and utility companies with a perpetual easement to use the alley for a public purpose. FPL is in the process of undergrounding all utilities on the north end of the City and requires an easement from the City in order to install underground utilities in the vacated alley. In order to accomplish this objective, the parties have agreed to the Easement Agreement, attached as Attachment "A" to the Resolution. HO: fa / Attachment Agenda Item \ 0 b Date 7-11- O~