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HomeMy WebLinkAboutReso 2010-1563 . 111111I1111I1111111111111111111111I1111111111 CFN 2010R0416839 OR Bk 27326 P9S 4628 - 4634, (7P9S) RECORDED 06/21/2010 13:37:18 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA RESOLUTION NO. 2010- , SL, 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING AN EXISTING UTILITY EASEMENT AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY ("FPL") FOR HERITAGE PARK, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is in the process of constructing the parking garage at Heritage Park located at 19200 Collins A venue; and WHEREAS, Florida Power and Light requires a Utility Easement Agreement with the City in order to have the proper dedication of the easements; and WHEREAS, the City wishes to dedicate the required easements to Florida power and Light to provide power to the proposed facility. 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. Ratify Approval of Utility Easement Agreement. The City Commission of the City of Sunny Isles Beach hereby approves the Utility Easement Agreement with Florida Power Light, attached hereto as Exhibit "A". Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption by the City Commission. R2010 - FPL Easement Agreement Heritage Park Page 1 uf 2 '1 PASSED AND ADOPTED this 20th day of May 2010. '-;'J~" J (l t " ;r"" 1~1 .~~.A~ :. Jane A. Hines, CMC, City Clerk . ..'" " -., .... APPROVED AS TO FORM AND E AL SUFFICIENCY: Moved by: V\~ Cf\~ovW-~~.Q.. Seconded by: ('j)m~ ~~ZltJ Vote: 5-0 Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ~(Y es) ---1L--(Yes) ~(Y es) (Yes) (Yes) _(No) _(No) _(No) _(No) _(No) R2010 - FPL Easement Agreement Heritage Park Page 2 of 2 PREPARED BY AND RETURN TO: Florida Power & Light General Office Law/JB 700 Universe Blvd. Juno Beach, Florida 33408-0420 FOLIO NO. , 1-:2.2..\()"'l)H .0040 EASEMENT TO FPL THIS EASEMENT made this ..1.r...- day of k.. , 2010, by and between the CITY OF SUNNY ISLES BEACH, a Florida municipal corporation, 18070 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. ~ - 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. ...:k-- IN WITNESS WHEREOF the undersigned has set his/her hand and seal this ~ day of ~ ,2010. t-.J TOR: City of Sunny I:I~S Beach L~_ Signed, sealed and delivered in the presence of: Attest: ()l Witness -:-I- ~ ~ /l-f U a '?/AOj/f C<.-'1 Typed Name of Witness STATE OF FLORIDA COUNTY OF MIAMI DADE I HEREBY CERTIFY that on this day, before me, an officer duly a4thorifjd in the State and ount afor ai to take acknowledgments appeared .J th. ij-l.. L - V e ~ ,as f *' ' or City of Sunny Isles Beach, who is personall known to me to be the person described in an who e~ecute 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) / j day of p. 2009. MA4 wcJ ~~ NOTARY PUBLIC! -J /lelena Galt/ao IVr6es , Printed Name of Notary WITNESS my hand and official seal this My commission expires: ~.".Y P(J<< Notary Public State of Florida ~ ~ ~ Helena Galvao Forbes ~ ~ ), ~~ My Commission D0797623 'I> OFt\oo~ l.::~lUtS 06/15/2012 ..; 2 EXHIBIT' A' LAND DESCRIPTION 10 FOOT FLORIDA POWER AND LIGHT Co. EASEMENT HERITAGE PARK PARCEL CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA A portion of Tract "D", GALAHAD-DADE according to the plat thereof as recorded in Plat Book 92, Page 16 of the Public Records of Miami-Dade County, Florida being more particularly described as follows: COMMENCING at the Northeast comer of said Tract "D", said point being located on the arc of a curve concave to the East, whose radius point bears South 73059'38" East; THENCE Southerly on the East line of said Tract "D", also being the Westerly Right-of-Way line of Collins Avenue (State Road AlA) and on the arc of said curve having a radius of 2,414.12 feet, through a central angle of 00057'57", an arc distance of 40.69 feet to the Southerly line of a 40.00 foot wide Private Road Easement as shown on said Plat of GALAHAD-DADE; THENCE North 85003'40" West on said Southerly line of a 40.00 foot wide Private Road Easement a distance of 29.66 feet to the POINT OF BEGINNING, said point also being located on the arc of a non-tangent curve concave to the Southwest, whose radius point bears South 04056'20" West; THENCE Southeasterly on the arc of said curve having a radius of 25.00 feet, through a central angle of 53007'48", an arc distance of 23.18 feet to the intersection with a line that is 10.00 feet Southerly of and parallel with said Southerly line of a 40.00 foot wide Private Road Easement; THENCE North 85003'40" West on said parallel line, a distance of238.26 feet; THENCE South 62028'07" West, a distance of 51.36 feet to the intersection with a line that is 10.00 feet Easterly of and parallel with West line of said Tract "D"; THENCE South 1 0028'07" West on said parallel line, a distance of 329.29 feet; THENCE South 40036'53" East, a distance of27.77 feet; THENCE South 49023'07" West, a distance of 10.00 feet; THENCE North 40036'53" West, a distance of 32.55 feet to the intersection with said West line of Tract "D"; THENCE North 10028'07" East on said West line of Tract "D, a distance of338.94 feet; Prepared by: CALVIN, GIORDANO & ASSOCIATES. INC. 1800 Eller Drive - Suite 600 Fort Lauderdale. FL 33316 April 29. 2010 P:\Projects\2008\Og2321 Sunny Isles Heritage Park\SurveyILegal Descriptions\082321-ESMT-FPL-Tract D.doc SHEET 1 OF 3 SHEETS . ' EXHIBIT 'A' THENCE North 62028'07" East, a distance of 59.15 feet to the intersection with said Southerly line of 40.00 foot wide Private Road Easement; THENCE South 85003 '40" East on said Southerly line , a distance of 221.17 feet to the POINT OF BEGINNING; Said lands lying in the City of Sunny Isles Beach, Miami-Dade County, Florida and ontaining 6,532 square feet (0.15 acres) more or less. SURVEYOR'S NOTES: 1. Not Valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 2. Lands shown hereon were not abstracted, by the Surveyor, for Rights-of-Way, Easements, Ownership, or other matters that may appear in the Public Records of Broward County. 3. Bearings shown hereon are relative to a North line of said Tract "D", GALAHAD DADE with said line having a bearing of North 85003'40" West. 4. Information shown hereon does not represent a Boundary Survey. CALVIN, GrlillANO & DATE: 1-1./(-10 I Grego J. Clements Professional Surveyor and Mapper Florida Registration Number 4479 Prepared by: CALVIN. GIORDANO & ASSOCIATES. INC. 1800 Eller Drive - Suite 600 Fort Lauderdale, FL 333 16 April 29. 2010 P:\Projects\2008108232! Sunny Isles Heritage ParklSurveyILegal DescriptionsI08232I-ESMT-FPL-Tracl D.doc SHEET 2 OF 3 SHEETS ~ EXHIBIT I A' ("~ r~ lJJ f\.~ ("~ \! Il. ~ cut- to ct\! O.J "*' r~' ~ '*' ~ Il. '" ~ '0 c:i -;:; ~ 0- r -' !l- "- I 0- ::t VI w I Cl VI I N '" N <Xl 0 /" I U 0- W "" VI -( eu ~ :J VI /" "" 6 !l- eu '" 2 .;: eu I III eu !! >- c: c: :J VI N '" N l <Xl 0 /" <Xl 0 0 N /" 2 u eu '0' ~ Ii: , ! 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N.~ 192ND STREET (STATE ROAD No. 856) RAtoIP 'A' F.O.O.T. R/W toIop SECTION No. 87013-2503 - 1/ ci .,. It 005:). :>?-; 'p.~\ ~J:l~..,1' .'(:,,,~\ <}l'. '_..' ........ .........;'::,t.. ..-....- ..~.. ~... -".. ,;;;;;~~~:' ........................, ......... --- S7J"59 'J8 , RADIAL R=2414.1: CA=00.S7 L=40.69' , , 'j. \\ ii Jfi'~ > .t-! a:i <l' ~ ~i - ~ -'I -' ~ 01 UI , . i ~ j } i I i t LEGEND: Cet D.B. M.D.C.R. L L.B. O.R.B. P.B. PG. R R/W SO. FT. U.E. Central angle (Delto) Centerline Deed Book Miami-Dode County Records Arc Length Licensed Business Official Records Book Plot Book Poge Radius Right-of-Way Squore Feet Utility Easement Calvin, Giordano g Associates, Inc, SCALE PROJECT No SHEET SKETCH OF DESC RIPTION ,.. 60' 08-232' EXCEPTIONAL SOLUTIONS 10 FOOT FLORIDA POWER & LIGHT CO. EASEr.t:NT 3 i 1100 E~lrr Dri... Suil. 600. IOrllaudrrd.I., Ilorid.llll6 DATE CAD fiLE ~ PI<rt:N911.7181 l.dH911.110J CITY OF SUNNY ISLES BEACH, FLORIDA 04 28 '0 N.A. 3 'Ii Certificate or Authorization 6791 or