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Home My WebLink AboutR-00-1069J-00-1068 12/6/00 RESOLUTION NO. `tl ' 6 t9 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT OF APPROXIMATELY A 100 SQUARE FOOT PERPETUAL, NON-EXCLUSIVE EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER & LIGHT COMPANY, FOR THE PROPERTY KNOWN AS ELIZABETH VIRRICK PARK, LOCATED AT 3255 PLAZA STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", ATTACHED HERETO AND MADE A PART HEREOF, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE THE VOLTAGE, AND REMOVE SUCH FACILITIES OR ANY COMPONENT THEREOF WITHIN THE EASEMENT. WHEREAS, Florida Power & Light Company has requested the grant of an approximately a 100 square foot easement on City of Miami (the "City") property in which to construct, operate and maintain overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time, with the right to reconstruct, improve, change the voltage, and remove such facilities or any component thereof within the easement, with full right of ingress thereto and egress therefrom; and A All If CI CON T INEE CITY COMUSSION MEETHIC OF DEC 1 4 2000 x �o�� T to- WHEREAS, this easement is necessary to bring electrical service to the new building being constructed .in Elizabeth Virrick Park; and WHEREAS, in the event this easement is disconnected or abandoned, the easement will cease and revert back to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is hereby authorized" to execute a Grant of Easement of approximately a 100 square foot perpetual, non-exclusive easement, in substantially the attached form, to Florida Power & Light Company for the property known as Elizabeth Virrick Park, located at 3255 Plaza Street, Miami, Florida, more particularly described in "Exhibit A",. attached hereto and made a part hereof, for the construction, operation and maintenance of overhead and underground electric utility facilities, with the right to reconstruct, improve, change the i� The herein authorization is further subject to compliance with all requirements that may be imposed buy the city Attorney, including but not limited to those prescribed by applicable.City Charter and Code provisions. Page 2 of 3 ri 0 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor .2/ PASSED AND ADOPTED this 14th day of December , 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this leg;zslationbys;if:,,ningitinthodesignated r�laceil,n,ili,-'4ed bocomes effective with Gi cqapse' of ten 0 M rq'1Y!' ATTEST: regarding same, without the Mayor it 'o WALTER FOEMAN CITY CLERK APPROVED pry ATTORNEY 4896�Nea:BSS M CORRECTNESS:?] 0 rj . Foe-1PffTr,-WClerk 2/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 0, 0 GRANT OF EASEMENT THIS INDENTURE, made this day of , 2000, between THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called "GRANTOR"), and FLORIDA POWER & LIGHT COMPANY, its licensees, agents, successors, and assigns, (hereinafter called "GRANTEE"); WITNESSETH: THAT, the GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable considerations, the receipt of which is hereby acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE, its successors and assigns, forever, the right and privilege of an approximately 100 square foot perpetual, non-exclusive easement on the property of the GRANTOR, shown and described on EXHIBIT "A," attached hereto and made a part hereof, (hereinafter called the "PROPERTY" or "EASEMENT") for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, change the voltage, and remove such facilities or any of them within the EASEMENT, (hereinafter called the "FACILITIES"), with full right of ingress thereto and egress therefrom. The GRANTEE shall regulate the installation and future operations of the FACILITIES so as not to conflict with normal operations of the GRANTOR; however, the GRANTEE shall have full right to enter upon the EASEMENT at any time when normal operations or emergency repairs of the FACILITIES are required. "Exhibit A" LO� The GRANTEE agrees to indemnify defend and hold harmless the GRANTOR from all and against all suits, claims, judgments, and all loss, damage, costs, attorneys fees and court costs or charges arising directly or indirectly from the installation or maintenance, repair, use or existence of the GRANTEE'S FACILITIES within the EASEMENT The GRANTOR shall be given written notice and the opportunity by the GRANTEE to -attend all preconstruction meetings on installation work of the FACILITIES within the EASEMENT and shall be notified in writing well in advance of the actual start of construction within the EASEMENT. It is further understood and agreed by and between the parties hereto that GRANTOR reserves to itself, its heirs and assigns, all other rights not specifically granted herein, including but not limited to the right to construct streets, cross and recross said EASEMENT, and the right to erect light or telephone lines or any other improvements which do not hinder the operation of the FACILITIES by the GRANTEE on an ongoing basis. The GRANTEE shall be held responsible for any damage to adjacent property as a result of the installation and future operation of the FACILITIES, and further, shall restore all pavement, sidewalks, curb and gutter, existing utilities, and landscaping to a condition acceptable to the GRANTOR. The GRANTEE during the course of installation and future operation of the FACILITIES, shall not encroach beyond the boundaries of the EASEMENT or any other easement that may be granted by the GRANTOR. Should the EASEMENT be abandoned or discontinued by law or otherwise, the said EASEMENT shall cease and revert with the right of immediate possession and right of entry to the GRANTOR or its successors in interest. The GRANTEE agrees to restore, at GRANTEE'S sole cost and expense, any damage to the FACILITIES, or any areas used by GRANTEE'S agents for ingress and egress thereto, caused as a result of the use of the FACILITIES by the GRANTEE'S agents to a condition acceptable to the City. Such restoration shall be done prior to the expiration of this agreement. The GRANTOR does hereby fully warrant that it has good title to the PROPERTY and that it has full power and authority to grant this EASEMENT. IN WITNESS WHEREOF, THE CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Miami -Dade, has caused this instrument to be executed in its name and its seal to be affixed hereto by the authority granted to the City Manager and the City Clerk at the 2000 City Commission Meeting by Resolution No.: , authorized this day of , 2000. 3 UO -1U6 CTI'Y OF MIAMI, a municipal corporation of the State of Florida Carlos A. Gimenez, City Manager . ATTEST: Walter J. Foeman City Clerk APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello City Attorney 0-1669 RxhiUit "A" SKETCH AND LEGAL DESCRIPTION N DAY AVENUE. o � o P.O.C. M NORTH PLAT LINE "ELIZABETH VIRRICK PARK" P.B. 84 PG. 33 20.00' P LAT s' SWK. �. LINE Lit p LLJ 10.00' 0 f in EAST PLAT LINE zCO 0 oI=- 0 � ' 00 rill 0 0 D m r z � J I I s— ' 'WEST ,' � W EST 31.00' 10.00' P.O.B. s' swK ,0 D EAST D. D ASPHALT PARKING PLAT LINE AR EA--,,", D SURVEYOR'S REPORT D CONC BEARING SHOWN HEREON ARE RELATIVE TO AN ASSUMED MERIDIAN AL NG D THE EAST LINE OF THE PLAT ELIZABETH VIRRICK PARK" WHICH IS S00'38 20-W . D 7141S LEGAL DESCRIPTION WAS PREPARED FROM INFORMA77ON SHOWN ON A SKETCH ' PREPARED BY F.P.L. FOR ELIZABETH VERRICK PARK AND SUPPLIED BY THE CLIENT. LEGAL DESCRIPTION. ' A POR770N OF 'EJ.IT.ABE7H VIRRICK PARK' , ACCORDING TO THE PLAT THEREOF AS RECORDED i W PLAT BOOK 84. AT PAGE JJ, OF THE PUBLIC RECORDS OF A4AAMI-a4DE COUNTY, FLOMDA LYING DENOTES: ' IN THE NW 114 OF SECTION 21. 7OWNSHIP 54 SOUTH, RANG£ 41 FAST, A/LW/-WD£ COUNTY, FLORI P.B. - DE?ADTES PUT sow BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS• PC. 0007TE5 PACE COMMENCE AT THE POINT OF INTERSEC170N BETWEEN THE NORTH AND EAST LINES OF SAID PUT P.O.C.- OGWIM AaM Of COAWOCEUENT THENCE S00'JS 20 W , ALONG THE EAST LWE OF SAID PUT AND ITS NORTHERLY EXTENSION FOR A P-afiL 00vorES POW Of 802W VIC COW DENOTES CDNGPL7F DISTANCE OF 19J.17 FEET TO A POINT OF INTERSEC77ON WRH THE BACK OF AN EXIS77NG 5.00 Poor � ow SIOEIA 41 DENOTES am Of' Arita AIQI�IIAtElJT LINE SIDEWALX ; THENCE WEST ALONG THE PREWOUSLY DESCRIBED LINE AND DEPAR77NO THE EAST LINE d � F n% QENoms FLOPRt4 POMEIP t Laff OF SAID PUT FOR A DISTANCE OF 31.00 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER TION: DESCRIBED PARCEL ; THENCE CONTINUE WEST, ALONG THE PRENOUSLY DESCRIBED 84CK OF SIDEWALX CERTIFICATION: HEREBY CCRTHAT "a SKETCH ANG LEGAL OSCRAoIACW FOR A DISTANCE OF 10.00 FEET,• THENCE NORTH FOR A DISTANCE OF 10.00 FEET. THENCE EAST FOR ARE mur AND COA'RECT 7D 7HE BEST Of My KNOWLEDGE DISTANCE OF 10.00 FEET.• THENCE" SOUTH FOR A DISTANCE OF 10.00 go TO E 1 B£G/NNr� AND BE1/Ei: ...f,;� THIS IS NOT A BOUNDARY SURVEY A ►aa, •— P+arrsucMw sc"+rrw Axl /l7nr MANUEL G.VERA .4Np ASSOCIATES, INN;, ►'K �'!*�«T,_ T'4/C elf AOMW LKiMSEU DVONEERS ' 51*W..YW • WPM AW%W {ae_.. cm OF ow 3421 SW 10/1A AVE eiWK 1LOR0 MISS so 1�� lGiE I '. IO' ► G a CITY OF MIAMI, FLORIDA CA=21 INTER-OFFICE MEMORANDUM TO The Honorable Mayor and Members of the City Commission 4ar 15sA. Gime FROM: City Manager RECOMMENDATION: DATE: NOV 2 9 207)0 FILE: SUBJECT: Resolution Granting Easement to Florida Power & Light Company REFERENCES: Resolution, Grant of Easement ENCLOSURES: The administration recommends that the City Commission adopt the attached Resolution authorizing the City Manager to execute a Grant of Easement to Florida Power & Light Company at Elizabeth Virrick Park located at 3255 Plaza Street as more particularly described in Exhibit "A", attached hereto and made a part hereof, of an approximately 100 square foot perpetual, non-exclusive easement on the property, for the construction, operation and maintenance of overhead and underground electric utility facilities, with the right to reconstruct, improve, change the voltage, and remove such facilities or any of them within the easement. BACKGROUND: Florida Power & Light Company has requested that they be granted an approximately 100 square foot easement on City property in which to construct, operate and maintain overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, change the voltage, and remove such facilities or any of them within the easement, with full right of ingress thereto and egress therefrom. This easement is necessary in order to bring electrical service to the new building being constructed in Elizabeth Virrick Park. In the event this easement is disconnected or abandoned, the easement will cease and revert to the City. CAG" DB:LB:MEasementFPLElizabethVirrickPark.doc 00-106 l