2004-012
RESOLUTION NO. 2004-12
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DEDICATING A TEN (10)
FOOT WIDE EASEMENT TO FLORIDA POWER AND
LIGHT (UFPL") ON THE NE 31sT AVENUE PARK SITE;
PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura requires electrical service to the new park
located at 18375 NE 31st Avenue; and
WHEREAS, existing underground FPL lines are outside of the boundaries of the
existing utility easement; and
WHEREAS, use of the existing underground FPL lines is required to provide
power to the subject park; and
WHEREAS, FPL requires a recorded easement prior to providing electrical
service to the subject park and to operate and maintain said electrical services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Easement dedication, as reflected on the attached
Easement, inclusive of the Sketch and Legal Description, is hereby accepted and the
City Manager is hereby authorized to cause such Easement to be recorded in the
Official Records of Miami-Dade County, Florida, subject to confirmation by the City
Attorney as to the legal form and sufficiency of the Dedication and instrument of
conveyance.
Section 2. The City Manager is authorized to take all action necessary to
implement the purposes of this Resolution.
Section 3.
adoption.
This Resolution shall become effective immediately upon its
The foregoing Resolution was offered by Commissioner Holzberg, who moved its
adoption. The motion was seconded by Commissioner Cohen, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2004--12
Page 2
PASSED AND ADOPTED !h;, ," d" of F':;;:':¿ -
JEFFREY M. PERLOW, MAYOR
APPROVEf.~ SUFFICIENCY:
CITY ATTORNEY
Work Order No.
EASEMENT
This instrument Prepared By
Sec.I , Twp ~ S, Rge!U E
Name:
Co. Name: -
Address -
Parce11.D.282203061001O
(Maintained by County Appraiser)
Form 3722 (Stocked) Rev. 7/94
pg - of_.
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 licensees,
agents, successors, and assigns, an easement forever for the construction,
operation and maintenance of a, aHl en<! anà 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, add to, enlarge,
change the voltage, as well as, the size of and remove such facilities or any of
them within an easement lQ feet in width described as follows:
".......""""""""
SEE ATTACHED EXHIBIT "A" and ATTACHED EXHIBIT "B"
Together with the right to permit any other person, finn or corporation to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at
all times; the rigllt 16 ele8r I!le IMlli oftà keB ! it ai_ii at' all tfeao, IIBlÍafgt'awJ¡ aBlÍ Bt,!¡ar abstAlelieB&-wiIIHB I!le a&SemaHt area; to
trim MId em MIll keep lfimmell aBli aHt-all-àeaå, "B8k, ¡-1Ig or åftHgerel!5l1'ees ar limbs 6I1t1iàe efthe eøsement &.¿fi urn,!. "hght
¡,ned"", uith 0. fMlllpBft tht liftes ar ~- of eolB1lllHliooåoBS ar pa"er IraBsmissiaB ar àislfibøtioB; 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.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrwnent on Fd>ruAt'~ 3
Signed, sealed and delivered
in the presence of: J j .
~7-~
2Oð3.
By,
Print Address:
(Witness'Signature)
Print Name:
Print Name
A....TO";O
(Witness)
F. '-;;¡o.IE;
(Wi,"",,' Sigoature)
Print Name ~ ì!'~;
A t.L~ (Wito...)
STATE OF F .{ R.I~f} AND COUNTY OF fTI AIfI -ðA-4,f . The foregoing instrument was acknowledged before
" me this ~day of FoLß~Afl.1 . 20¿rl by ~ë rtI- .so¡(ó~;t , and
:.(ðA rt.JóKo/U~ respectively the f!. iN trlAJi/H,EfL ~ and (fIN cu:Jl. ¿ 'I'<iNti of
~of ~M. a mull; opð.1 corporation, on behalf of said corporation, who are personally known to me or have produced
- as identification, and who did (did not) take an oath.
(Type ofIdeotificatioo)
My Coounission Exp~":
OF
ANNmE J SANGSTER
NOTARY PUBUC STATE OF FLORIDA
COMMISSION NO. 00110259
MY COMMISSION EXP. APR. 21.2006
Notary Public, Signature ~
Print Name fY.J,,)EfTTf! .::T- 15¡¡-'" ,,¡-Ef"-
ADDENDUM NUMBER ONE
TO EASEMENT BETWEEN
CITY OF A VENTURA, AS GRANTOR, AND
FLORIDA POWER & LIGHT COMPANY, AS GRANTEE
THIS ADDENDUM NUMBER ONE is attached to and shall be construed as part of that
certain Easement granted by Grantee of even date herewith (the "Easement").
1. Addendum Number One Controls. In the event of any conflict between this
Addendum Number One and the Easement it is agreed that this Addendum Number One shall
control.
2. This Easement. All references herein to "this Easement" shall include Addendum
Number One of the Easement.
3. Improvements and Restoration. The parties acknowledge and agree that
Grantor has previously constructed certain improvements within the easement including, but not
limited to, paving, curbing, landscaping and light posts in connection with the use of Grantor's
property as a public park. Grantee, at its cost and expense, shall repair, restore and replace, as
applicable, Grantor's property and any improvements thereon to their pre-existing condition or
better in connection with the exercise of Grantee's rights hereunder including, but not limited to,
any restoration to Grantor's property and improvements due to damage or removal occurring
during construction, maintenance, and/or repair work perfo=ed by or for the Grantee. Said
repairs, restoration and replacements, as applicable, shall be made to Grantor's reasonable
satisfaction within seven (7) days following the event giving rise to the need for such repair,
restoration or replacement. Grantee shall use reasonable efforts to minimize any impacts to
Grantor's ongoing activities on the property in exercising its rights hereunder.
4. Riehts Reserved. The easement rights granted herein are non-exclusive in nature
and are subject to all matters of record. Grantor shall have the right to use the property, or any
portion thereof, for any purpose not inconsistent with the full use and enjoyment of the rights
granted herein in favor of Grantee.
[THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK]
EXHIBIT "A"
of
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this - day
,2004.
Witnesses:
GRANTEE:
FLORIDA POWER & LIGHT COMPANY
By:
Name:
Title:
Print Name:
Print Name:
Date:
,2004
GRANTOR:
Attest:
CITY OF A VENTURA, a Florida municipal
corporation
~
,2004
By:
Approved as to legal fonn and sufficiency:
By f~
City Attorney
Eric M. Soroka
City Manager
FérlR.U~Ý :3
Date:
[ACKNOWLEDGMENTS ON FOLLOWING PAGE]
2
OESCRIPTION: (FPL EASEMENT)
A PORTION OF TRACT "A" PENINSULA, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 158. PAGE 24 OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT "A": THENCE NORTH 89"
51' 15" EAST, ALONG THE SOUTH BOUNDARY OF SAID TRACT "A". A DISTANCE OF 10.22
FEET TO THE PDINT OF BEGINNING, SAID POINT BEING ON THE ARC OF A CURVE TO
THE LEFT FROM WHICH THE RADIUS POINT BEARS SOUTH 78" 18' 39' WEST; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF 310.00 FEET. A
CENTRAL ANGLE OF 12" 29' 5T', A DISTANCE OF 67.63 FEET TO A POINT OF REVERSE
CURVATURE; THENCE CONTINUE NORTHERLY ALONG THE ARC OF SAID CURVE,
HAVING A RADIUS OF 140.00 FEET. A CENTRAL ANGLE OF 21" 28' 30". A DISTANCE OF
52.47 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02" 42' 48" WEST, A
DISTANCE OF 79.13 FEET, THE LAST THREE (3) COURSES BEING ALONG A LINE
PARALLEL TO AND 10.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE
WEST BOUNDARY OF SAID TRACT "A", THE LAST THREE (3) COURSES ALSO BEING
ALONG THE EAST BOUNDARY OF THAT CERTAIN 10 FOOT FPL EASEMENT AS
RECORDED IN OFFICIAL RECORDS BOOK 19404, PAGE 697 OF SAID PUBLIC RECORDS:
THENCE NORTH 87" 11' 12" EAST. A DISTANCE OF 10.00 FEET: THENCE SOUTH 02" 42'
48" EAST, A DISTANCE OF 79.13 FEET TO THE POINT OF CURVATURE OF A CIRCULAR
CURVE TO THE LEFT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A
RADIUS OF 130.00 FEET, A CENTRAL ANGLE OF 21° 28' 30", A DISTANCE OF 48.73 FEET
TO A POINT OF REVERSE CURVATURE' THENCE CONTINUE SOUTHERLY ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS' OF 320.00 FEET, A CENTRAL ANGLE OF 12" 52'
04". A DISTANCE OF 71.87 FEET TO SAID SOUTH BOUNDARY: THENCE SOUTH 89" S7' 1S.
WEST ALONG SAID SOUTH BOUNDARY ALSO BEING NON-RADIAL TO THE LAST
DESCRIBED CURVE, A DISTANCE OF 1020 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE iN THE CITY OF AVENTURA, MIAMI.DADE COUNTY, FLORIDA.
THE BEARINGS REFERENCED HEREIN ARE BASED ON A BEARING OF NORTH 89" 57' 15"
EAST ALONG SAID SOUTH BOUNDARY OF TRACT" A" AS SHOWN ON SAID PLAT.
CERTIFICATE.
WE HEREBY CERTiFY THAT THiS DESCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING iN THE STATE OF FLORIDA,
AS OUTLINED IN CHAPTER 61G17-6 (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED BY
THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED,
PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF
\ \I~\O~
JON V LTING
PROFESSIONAL SURVEYOR AND MI.PPER NO. 4-99
STATE OF FLORIDA
Not YOlid wllho", the ",netuÆ end the 0",100' ,,',ed ..01 of 0 Flondo ""n..d ,u~e,o' end mopp".
EXHIBIT "B"
SHEET I OF2
eTA lOB NO. 01-0103.0"
DATE, l~uory 12. 200'
UCI"¡,,IVOBSI200 I 10 1-0 I 03\LEOALIBARK _FPL.doc
( j CRAVEN -THOMPSON & ASSOCIATES, INC.
ENGINEERS' PLANNERS' SURVEYORS
. 'Iiï.~ 3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400
, FAX. (954) 739-6409
NO]'E. ,"IS IS NOT A SKETCH OF SURVEY, b.1 O"" o "ophl, ,.pl'tI~
õïiii. 'OK"ptlO""'o", hroo,. ¡¡,... hoo ,." " ,.Id """, ,jowl', 01
Ih""""tp"port,."m~.m"t","I""""'tI"".lth"h.p"p"Otl""
01 tho i"'o~otiPO ,how" h.""".
FOR: City of Aventura
~
0 40
I I
SCALE "';40'
SKETCH TO ACCOMPANY DESCRIPTION
FPL EASEMENT
\j" L - 10' FPL cASEMENT
'-J?Ç--" " ornCIAL RECORDS BOOK
I \ '- 19404, PAGE 697
\\
--- \ ~
II' \i -' 6 ----- '\
I - L \ \ TRACT "A"
\ ¡- --1 PENINSULA
1 ---11 PLAT80OK158,PAGE24
1 110' 10 - - --11
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S, 80UNOARY TRACT "A"
N, 6oUNoARYTRAcT "8'" '~O~TH 89' 57' 15" cAST, 10.22'
2. SOUTH 78' 18' J9" WEST (RADIAL)
POINT OF 8EGINNING 3. RADIUS - J10.00'
DELTA - 12' 29' 57"
ARG ŒNGTH - 67.6J'
4. RADIUS - 140,00'
DELTA - 21' 2B' JO"
ARC LeNGTH - 52.47'
5. NORTH 02' 42' 48" WEST, 79.1J'
6. NORTH 8r 17' 12" EAST, 10.00'
7. SOUTH 02' 42' 48" cAST, 79.1J'
8, RADIUS - IJD.OO'
DeLTA - 21' 2B' JO"
ARC ŒNGTH - 48.7J'
9. RADIUS - J20.00'
DELTA - 12' 52' 04"
ARC ŒNGTH - 71.87'
10. SOUTH 89 S7 15 WEsr, 10.20'
~e¡~iji
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W. 80UNOAR~ I
TRACT "A" 1-
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11 S. 80UNOARY
- - JBACL.:8~
AU THE ReCGRDING INFORMA nON REFERENCED HEREON CAN BE
FOUND IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SHEET 2 OF 2 SHEETS
UPDATES crtd/c' REVISIONS DATE ay CK'O !ill]!; Th. ."'~I,"" PO' CRAVEN-,"O.PSON k ASSOCATEs, INC. moko "O
"p,u~'otl~. ~ ,."'O""" 00 1o tho "'I~otl~ "OKI., ho"~ p.rto"""' to
"'~M". ",hl,-ol-oo" ,,' boo' ,"'". ".~tI""., o,'..mMIo PO' 0"'"
"m"~mott~.'"""rth..,th"".trum"II'"otl""""'lo"n,,"~"I'~'h
""."'mo"~.S.,hl"'o~otl""""~ldb'o"o",'o,,,,~nm,,'b,o'hr.
'h~,h oW..,'ol. tIll. ~,Ifl"tlPO. '
Wilt Lon" ",,o," h..- 'w, oPt 0,.",,104 ,~ "Ohl-ol-oo, ~'/~
"'~Mloo'"",d.
G. \2001 \010103.011 \OWG\ TR-A-PENIN-FPL,DWG
JOB NO.: 01-0103.024 ORAWN BY: JVN
CHECKED BY: RY
F.B.
DATED: 1-12-04
PG,