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HomeMy WebLinkAboutReso 2017-2767 RESOLUTION NO. 2017- 7(01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND FLORIDA POWER & LIGHT (FPL) ATTACHED HERETO IN SUBSTANTIALLY THE SAME FORM AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Power &Light ("FPL") has certain utility boxes located on an easement relating to the Emergency Pedestrian Bridge; and WHEREAS, FPL has agreed to relocate the utility boxes to a new location on property owned by the City; and WHEREAS, the City Commission wishes to authorize the City Manager to execute an easement agreement attached hereto in substantially the same form as Exhibit "A". 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 paragraph are hereby confirmed as being true and the same are hereby part of this Resolution. Section 2. Authorizing the City Manager to Execute Easement Agreement. The City Commission hereby authorizes the City Manager to execute an easement agreement between the City and Florida Power & Light to relocate utility boxes attached hereto in substantially the same form as Exhibit "A". Section 3. Authorization of the 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. PASSED AND ADOPTED this i iay of bt Gialme, Mayor ' eorge H. Scholl ATT It ST• J L) Mauricio B-tanc r, CMC, City Clerk 4- APPROVED AS T I FORM AND4 AL ENCY: A0/01 ans • inot, City Attorney Moved by: C e 60“:40-441.1 �0 Seconded by: COMA . 411-1'O Vote: Mayor Scholl '�(yes) (no) Vice Mayor Goldman (yes) (no) Commissioner Aelion V(yes) (no) Commission Gatto Rt(yes) (no) Commissioner Svechin V(yes) (no) I ' Work Request No. UNDERGROUND EASEMENT 1111111111111011111111111111111 1111111111111 Sec._, Twp_S, Rge_ E (BUSINESS T nstuu 5pBilCt =F B� 2017R0729864 Parcel l.D. 31-2214-041-0001 Name: OR BK 30810 Pss 1138-1140 (3P9s} (Maintained by County Appraiser) Co.Name: ��0 l� RECORDED 12/29,2U17 1!1:27;1111 - Address: A6l�}VE�iU - HARVEY RUVIN, CLERK OF COURT `(tSA. ,1-Cf4,Ft-33W MIAMI—DADE COUNTY, FLORIDA 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 affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above-ground 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 described as follows: Reserved forciwit Court See Exhibit"A" ("Easement Area") Together with the right to permit FPL to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for FPL's communications purposes in connection with electric service; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous 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 granted on the Easement Area, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 121g-, 1 ,20 17 Signed, sealed and delivere in UT presence of: Salem House Condominium/ `i 5 (witnessnature) By. WliVAI,149 _ .1 L Print Name: t ' -US'•t'N- Michelle Brook, President (Witness) Print Name: 3- -- Print Address: 251-253 172nd Street (Witness` igna e) Sunny Isles Beach,Fl 33160 Print Name: J Up1-11--1 nS 01-t0 u) (Witness) STATE OF AND COUNTY OF '-J C . The foregoing instrument was acknowledged before me this )--\ day of be C'e/''.., Ter , 20 17 by (ri-ra,fl e Oreo% , the p/re. Ti(I-Kit - of ,5dI 4,1-, f*} cJSG a eandr)r-in i UN's ,who is personally known to me or has produced as identification, and who did (did not) take an oath. (Type of Identification) My Commission Expires: 1 ,l� .. 14 �1 Y WALESKA ANEZ �� 1 i oma/• NOTARY PUBLIC Notary Public,Signature 01 STATE OF FLORIDA jW I�J �Z :ly' ��� • Comm#FF194415 Print Name nit Expires 1/29/2019 r ..j I ' '' SKETCH TO ACCOMPANY LEGAL DESCRIPTION 12 FOOT WIDE INGRESS - EGRESS EASEMENT 0 LEGEND: P.O.B. = POINT OF BEGINNING 0 25 50 P.B. = PLAT BOOK 1 I O.R.B. = OFFICIAL RECORDS BOOK PG. = PAGE SCALE SEC. = SECTION 11 = 50' S.F. = SQUARE FEET = CENTERLINE TRACT °C" °R.K. MARINA APARTMENTS" 584053'37'W P.B. 157, PG. 60) I 2.00' 586°53'37'W 586°53'37'W 100.00' I 100.00' .— 12' ACCESS I 3.0' ) EASEMENT cz I� olm TRACT"A° D i-- I I m °R.K. MARINA m �o ��o LOT 19 o I o LOT 20 °I o APARTMENTS" o o N 1/ m o N m o (P.B. 157, PG. 60) z o- 1/ N o to I z l� 15' "SOUTH SHORE ESTATES" 3.0' I" :1 (P.B. 52, PG. 69) I R=55.00' ' I L=86.39' Tan=55.00' 586°53'37'W 1/1 586053'37'W 24.59' 1 00.00' D=90°00'00" 100.00' in 584°53'37'W N in / N 172 d STREET _ _ _ — S86°53'37'WW a / m m 12.00' — — — — — 1 -- 586°53'37"W - eci f� m I Q TRACT"A" I ,- 0 0 °JUBILEE SUBDIVISION" O (P.B. 94, PG. 20) I30' 30' I LEGAL DESCRIPTION OF INGRESS-EGRESS EASEMENT: The Easterly 12 feet of the Westerly 15 feet of Lot 19 of "SOUTH SNORE ESTATES", according to the Mat thereof, as recorded In Mat hook 52, at Page G9, of the Public Records of Miami-Dade County, Florida. Containing I ,500 Square Feet, more or less, by calculations. NOTICE:This document is not valid,full and complete without all pages. LONGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 * FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM 2\17410 251-253 172 Street.Sunny Isles Beam.Florida 33160\deg\Sketch&Legal\Team\17410 SL 12-06-17.d*vg 12/6/2017 11:19:21 AM EST JOB No.17410.0.00 PAGE 1 OF 2 CR BK 30810 PG 1140 I i LAST PAGE s SKETCH TO ACCOMPANY LEGAL DESCRIPTION 12 FOOT WIDE INGRESS - EGRESS EASEMENT . Th4 filbsodi q h tiiip) QjpLio . leIIMIIIIIIMMLIMUNIIIIIIIIII:jitt UMW MEN MEM .111111111111111111.111 MINI 11111111101 �r "''''--� OM .s SUBJECTLil MEM s_ � air EASEMENT lmiN. a NUMMM.Mali EIMAINAIII.• i�% 1P-------- < anom ow mint IIIIMJIMIMIMMIlminugg llolll ,,11,11. IIMINM Z �n11� p_ FJ- 11111111iLr ®�ffi'i'.6i.n ° a� ■ .:... ;e- MI Nili m nmtmunll MN1111 1111. • NE 765TH 5T 11 55 LOCATION MAP (NOT TO SCALE) PERTINENT INFORMATION USED FOR THE PREPARATION OF THIS DOCUMENT: The Legal Description of the Subject Parcel was generated from the following documents: I. Plat of""SOUTH SHORE ESTATES', recorded in Plat Book 52,at Page 69,Public Records of Miami-Dade County Florida. 2. Plat of"R. K. MARINA APARTMENTS", recorded in Plat Book 157,at Page 70,Public Records of Miami-Dade County Florida. 3. Plat of"JUBILEE SUBDIVISION", recorded in Plat Book 94,at Page 20. Public Records of Miami-Dade County Florida. 4. Plat of*WINSTON TOWERS GOO", recorded in Plat Book 113,at Page 8I, Public Records of Miami-Dade County Florida. Bearings shown hereon are based upon the centerline of I 72nd Street with an assumed bearing of 586°53'37"W, said line to be considered a well established and monumented line. EASEMENTS AND ENCUMBRANCES: No information was provided as to the existence of any easements other that what appears on the underlying Plat of record. Please refer to the Limitations item with respect to possible restrictions of record and utility services. RESTRICTIONS: Since no other information were furnished other than what is cited above, the Client is hereby advised that there may be legal restrictions on the subject property that are not shown on this Sketch or contained within this report that may be found in the Public Records of Miami-Dade County, Florida or any other public and private entities as their jurisdictions may appear. This document does not represent a field boundary survey of the described property,or any part or parcel thereof. SURVEYOR'S CERTIFICATE: I hereby certify:That this°Sketch to Accompany Legal Description"was prepared under my direction and is true and correct to the best of my knowledge and belief and further, that said"Sketch to Accompany Legal Description"meets the intent of the applicable provisions of the"Standards of Practice for Land Surveying in the State of Florida', pursuant to Rule 5J-17.05 I through 5J-17.052 of the Florida Administrative Code and its implementing law,Chapter 472.027 of the Florida Statutes. LONGITUDE SURVEYORS LLC.,a Florida Limited Liability Company Florida Certif to of Authorization Number L57335 rBy. !' --- Date: �� 44/ Jose Senas,PSM egistered Surveyor and Mapper L55938 tate of Florida N'ITICE: of valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to Survey Maps by other than the signing party are prohibited without the written consent of the signing party. NOTICE:This document is not valid,full and complete without all pages. LONGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 * FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM .1\17410 251-253 172 Street,Sunny Isles Beach.Florida 33160\a.g\Sketth&Legol\Team\17410 SL 12-06-17.1.g 12/6/2017 11:19:21 AM EST JOB No.17410.0.00 PAGE 2 OF 2 Work Request No. UNDERGROUND EASEMENT 111011100111111111111111111111111110111111111 Sec._, Twp_S, Rge_E (BUSINESS) CFt4 2017RO729865 Name: This.In �YPr`pSalre� -(9 � OR BY sll810 fps 1141-1143 (3Pgs) Parcel I.D. RECORDED .12/29/2017 10:27:00 (Maintained by CountyA.ppraiser) Co.Name: HARVEY RUVIN► CLERK Of COURT Address: 194:=410GotLIKS A � '� lsws � , MIAMI-QADE COUNTY? FLORIDA 33 l00 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 affiliates, ' licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above-ground 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 described as follows: Reserved faCircuit Court • See Exhibit"A" Together with the right to permit FPL to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for FPL's communications purposes in connection with electric service;the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous 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 thepower to grant, if at all, the rights hereinabove granted on the Easerrient Area, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. • IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 12-jz Z 20. Signed, sea and deliver in the presence of: C=JtJtif (CSS 4 4 nil �il�_. 'gn-pure) S By: Print Name: J tSA J I f{QSON /(W nress) Print Name:Clutopkey 3_ Rij.uo ` IL... it Address:«0 7 0 Co 111.v "v• 00�( ►YI ess I ignature Sv s.y �fh, �eesck F. 33/6 Print Name: Ct4 �b:•4 +lkt'SB 'L) (Witness) STATE OF L-o 211>.A AND COUNTY OF MI Affikk- The foregoing instru ent was acknowledged Mefore e this .2-7- -day of bEe,eMSc1R- , 2017. by C44(LIST0e1 rZ_ • V-uSSo , the ITI Ink4A-c►etz_ of &NNW I+ Atka- a MO A vb _ ,who is personally known to me or has produced I IJ14 as identifiba .n, le I. di. (did not) take an oath. (Type of Identification) „411/ 111 rr. My Commission Expires: -� Notary Pubic,Si.nature Print Name 61002-11AO 6at"> CJ12 '.•C'''4Y ', MAURICIO BETANCUR • f+:Th. Notary Public-State of Florida • '=•U •• Commission>t GG 110119 A..=� r.•' My Comm.Expires May 31,2021 P oc� 6 Bonded thrcuch Nxticrzl Actzry Mu:. 11 LEGAL DESCRIPTION 9' x 15' UTILTIY EASEMENT—SUNNY ISLES BRIDGE CITY OF SUNNY ISLES BEACH,MIAMI-DADE COUNTY,FLORIDA A portion of Tract"D" R.K. MARINA APARTMENTS, according to the plat thereof as recorded in Plat Book 157, Page 70 of the Public Records of Miami-Dade County, being more particularly described as follows: COMMENCE at the Northwest corner of Lot 19, SOUTH SHORE ESTATES according to the plat thereof, as recorded in Plat Book 52, Page 69 of the Public Records of Miami-Dade County, Florida, said point also being on a the South line of a Conservation Easement as recorded in Official Records Book 19377, Page 1775, of the Public Records of Miami-Dade County, Florida; THENCE on an assumed bearing of N 86°54'08" E along the North line of said Lot 19, a distance of 15.00 feet; THENCE N 03°05'52" W a distance of 9.00 feet to a line being 9.00 feet North of and parallel with the said North line of Lot 19; THENCE S 86°54'08" W along the said parallel line a distance of 15.00 feet to the Northerly prolongation of the West line of said Lot 19; THENCE S 03°05'52" E along said Northerly prolongation a distance of 9.00 feet the POINT OF BEGINNING; Said lands lying in the City of Sunny Isles Beach, Miami-Dade County, Florida, and containing 135 square feet, 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 instruments of record. 3. The information shown hereon does not represent a Boundary Survey. 4. Bearings hereon are referenced to the North line of Lot 19, SOUTH SHORE ESTATES as recorded in Plat Book 52, Page 69 of the Public Records of Miami-Dade County, Florida, having a bearing of N 86°54'08" E. CALVIN, GIORDANO & ASSOCIATES,INC. Steven M. Watts, PSM Professional Surveyor and Mapper Florida Registration Number 4588 Prepared by: CALVIN,GIORDANO&ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida December 14,2017 p:\projects\201 I\I 14582 sunny isles beach bridge permitting\survey\legal descriptions\l 1-4582-v-sd-utility easement-2017.docx SHEET 1 OF 2 OR Bk 30810 PG_ 1143 SKETCH & DESCRIPTION LAST PAGE 9' X 15' UTILITY EASEMENT WEST LINE \\ CONSERVATION EASEMENT TRACT "D" (O.R.B. 19377, R.K. MARINA APARTMENTS PG. 1775, M.D.C.R) (P.B. 157, Pg. 70, M.D.C.R.) TRACT "D" �" , � A R.K. MARINA APARTMENTS 1 (P.B. 157, PG. 70, M.D.C.R.) 4 © Q SOUTH LINE—CONSERVATION EASEMENT N\ 0 O.R.B. 19377, PG. 1775, M.D.C.R 0 NORTH LINE, LOT 19 II ✓ (P.B. 52, PG. 69, M.D.C.R.) P.O.B. I N.W. CORNER LOT 19 SOUTH SHORE ESTATES NORTH LINE (P.B. 52, PG. 69, M.D.C.R.) ACCESS EASEMENT iI (O.R.B. 23140, I LINE TABLE .PG. 3002, M.D.C.R) 1) N 86'54'08"E 15.00' I73 2) N 03'05'52"W 9.00' °D 3) S 86'54'08"W 15..00' W73 I - D 4) S 03'05"52"E 9.00' f . - K 2 SCALE 1"= 20' Lri 73 -� I D n LOT 19 z D . >-0 -I SOUTH SHORE ESTATES P > C) O m ODD P.B. 52, PG. 69, M.D.C.R D 7o • D d7 r I Z 20' N z N• ACCESS EASEMENT o z m O.R.B. 23140, .73 PG. 3002 • N 'o C m M.D.C.R. PN -o 72_ v7 ao 'co c cn ODI' (Jl D — Ul r ' rrl "4Arzri N (nz LEGEND: z v • rn 20 rn Centerline •K Z D D rn O F.D.O.T. Florida Deportment of Transportation P —I v -0 0 CT) —I L.B. Licensed Business I 0 > -1 co rn xi M.D.C.R. Miami-Dade County Records -4 D 0 -4 LID O.R.B. Official Records Book p m n > P.O.B. Point of Beginning C7 z -4 P.O.C. Point of Commencement I • z P.B. Plot Book PG. Page I SOUTH LINE LOT 19 R/W Right-of-Way SOUTH SHORE ESTATES SO. FT. Square Feet S.R. State Rood P.B. 52 PG. 69 D.C.R.) N .E 172ND STREET Calvin,Giordano&Associates,Inc. SUNNY ISLES BRIDGE SCALE PROJECT No. SHEET �,_ .< " 1"= 20' 11-4582 EXCEPTIONAL SOLUTIONS" NORTH BAY RD 2 ;ti. 1800 Drive,Supe 600,Fat lade iale,Florida 33316 Phone 954921.781•Fac 9549218807 'DATE CAD FRE Certificate of Authorization ascot SUNNY ISLES BEACH, FLORIDA 12/13/2017 2 S°NNY,S`F Cityof SunnyIsles Beach City Commission George"Bud"Scholl,Mayor 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Mayor Sunny Isles Beach, Florida 33160 Isaac Aelion, Commissioner 4' Jeanette Gatto,Commissioner . (305)947-0606 City Hall Larisa Svechin,Commissioner `•` Fl0 d� of soo (305)949-3113 Fax (305)947-2150 Building Department Christopher J.Russo City Manager (305) 947-5107 Fax Hans Ottinot,City Attorney D1auricio Betancur,CMC,City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager DATE: December 21, 2017 RE: Authorizing the City Manager to execute an Easement Agreement between the City of Sunny Isles Beach and Florida Power& Light (FPL) RECOMMENDATION This Resolution is recommended for approval. REASONS This easement agreement is needed to relocate the utility boxes that are currently on Porto Bellagio Condominium Association property. The new easement will be located on property owned by the City.