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2007-011 RESOLUTION NO. 2007-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DEDICATING EASEMENTS TO FLORIDA POWER AND LIGHT COMPANY ON THE WATERWAYS PARK EXPANSION SITE; PROVIDING FOR RECORDATION; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE PURPOSES OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, existing Florida Power and Light Company utilities are located on the Waterways Park Expansion site in conflict with proposed improvements; and WHEREAS, Florida Power and Light Company must relocate existing utilities to maintain electrical service provided by the existing utilities in conflict; and WHEREAS, the most expedient relocation of the existing utilities requires installation of the poles within a portion of the proposed Waterways Park property and within a portion of the existing Waterways Park, both owned by the City; and WHEREAS, Florida Power and Light Company requests recorded easements to install, operate and maintain said electrical services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the Easement dedication, as reflected on the attached Easements, inclusive of the Sketch and Legal Descriptions, is hereby accepted and the City Manager is hereby authorized to cause such Easements 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. That the City Manager is authorized to take all action necessary to implement the purposes of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Joel, who moved its adoption. The motion was seconded by Commissioner Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez-Weinberg Mayor Susan Gottlieb absent yes yes yes yes yes yes Resolution No. 2007- 11 Page 2 PASSED AND ADOPTED this 13th day of March, 2007. ~~4- /SUSAN GOTTLIEB, MAYOR APPROVED AS TO LEGAL rUFFI~N~, f-1/jVvY\ ~ 1/\ CITY ATTORNEY Work Order No. EASEMENT This Instrument Prepared By Antonio F. Tomei City of Aventura Sec.34 , Twp 2.! S, Rge 42 E Name: Parcel I.D. 2812340190016, 281~3401~amr~0 (Maintained by County Appraiser) Address 19200 W. Country Club Dr. Aventura. FL 33180 pg 1 of ~. Form 3722 (Stocked) Rev. 7/94 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 & Li~t Company, its licensees, agents, successors, and assigns, an easement forever for ilie 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, add to, enlarge, change the voltage, as well as, the size of and remove such faCilities or any of them within an easement * 10 feet in width described as follows: - * See attached exhibit n A n R-.ed forCln:Ul Court Together with the right to permit any other person, fino 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 ri~t to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; 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 furtl.!er 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 instrument on ,20_. Signed, sealed and delivered in the presence of. (Witness) (Corporate's name) By: CITY OF AVENTURA Ibildb.]I~)CITY MANAGER Print Name: ERIC M_ SOROKA, ICMA-cM Print Address: 19200 WEST COUNTRY CLUB DRIVE AVENTURA, FL 33180 (Witness'Signature) Print Name (Witness'Signature) Attest: Print Name ~.~~,~) CITY CLERK Print Name: TERESA M. SOROKA, MKC (Witness) Print Address:19200 WEST COUNTRY CLUB DRIVE AVENTURA, FL 33180 (Corporate Seal) STATE OF AND COUNTY OF _day of , 20-, by respectively the President and Secretary of _ corporation, on behalf of said corporation, who are personally known to me or have produced did (did not) take an oath. (fype ofldentiftcation) ......... . . .. . . The foregoing instrument was acknowledged ~~~~~:tir.;.: :: .~....,.. .~.. ',' . ..... ...... .... as identifical1Ori;and:~O:': ..............'... . .. .. .. .. .. .. .. .. .. My Commission Expires: Notary Public, Signature Print Name EXHIBIT "A'" LEGAL DESCRIPTION: (F P & L UTILITY EASEMENT) A STRIP OF LAND BEING A PORTION OF TRACTS A AND B, DONN ACRES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 76, PAGE 30 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT B AND THE NORTHEAST CORNER OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST; THENCE SOUTH 02021'14" EAST ON SAID EAST LINE OF TRACT B AND THE EAST LINE OF SAID SECTION 34, A DISTANCE OF 541.55 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO THE CITY OF AVENTURA FOR HIGHWAY PURPOSES BY RIGHT-OF-WAY DEED RECORDED IN OFFICIAL RECORDS BOOK 17973, PAGE 3869 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID PARCEL THE FOLLOWING THREE (3) COURSES AND DISTANCES; THENCE SOUTH 50028'43" WEST, A DISTANCE OF 31.83 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ON THE ARC OF SAID CURVE HAVING A RADIUS OF 330.00 FEET, THROUGH A CENTRAL ANGLE OF 37032'38", AN ARC DISTANCE OF 216.43 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 88001'22" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 107.88 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88001'22" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 398.58 FEET; THENCE NORTH 01058'38" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 88001'22" EAST, A DISTANCE OF 100.00 FEET; THENCE NORTH 01058'38" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 88001'22" EAST, A DISTANCE OF 298.64 FEET; THENCE SOUTH 01052'05" EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAID STRIP OF LAND LYING IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA AND CONTAINING 9,957 SQUARE FEET ( 0.228 ACRES) MORE OR LESS. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING AND ARE REFERENCED TO THE EAST BOUNDARY OF TRACT B OF "DONN ACRES" AS RECORDED IN PLAT BOOK 76, PAGE 30 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SAID EAST LINE HAVING AN ASSUMED BEARING OF SOUTH 02021'14" EAST. 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. CR. AVEN THyOMPSON & ASSOCIATES, INC. CE.W"~TE 0 AUT IZATION NUMBER LB 271 ({{jf{'s NCER PROFESSIONAL SURVEYOR AND MAPPER NO 638a STATE OF FLORIDA Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. SHEET I of 2 erA JOB NO. 01-0103-053 DATE: FEBRUARY 5. 2007 N :\ClericaNOBS\200 I \0 1-0 I 03.053\LEGAL.S\FPL UTILITY -I.doc CRAVEN -THOMPSON & ASSOCIATES, INC. ENGINEERS · PLANNERS · SURVEYORS 3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400 FAX: (954) 739-6409 t!Q]f;: THIS IS .!!Q! A SKETCH Of' SUR'JEY. but only a graphic depiction af the description shown hereon. There has been no field work, viewing of the subject property, or monuments set In connection with the preparation of the informatIon shown hereon.. .. SKETCH TO ACCOMPANY DESCRIPTION F P & L EASEMENT ~ORTH BOUNDARY OF TRACT B-~ DONN ACRES (p.D. ~P,! _~R-!. _ _ _ _ -~ p.aa~ :' N.E. CO? TRACT B \ (p.B. ~ PG. JO Moo.C.R.) I ./"I N.C. COR. SECTION .1+-51-42 (" ~ , i \. ~~ ~ ~~ ,~ ~l 1lC'l ~ 'V TRACT B ~ GtJI.FS7REAII PARK \- PROPERTY ~ I I It!~ I I .... 1 I \ !ih I )..~ I to) '\I<l i~ 1\ ! ;t ~ \I) DI i'i lb 13 .l..... I~ ....~, S!Q! I III ~~I I~ ~~\ IJ! :~:.:'~. , ..... 1 ~ ~ A=216.4J. '\ ! ~ I ~!I N 88'OI'2~- ENOl "iJ.'fi!- W s 01"5f:o~- E S88'01'!2'"W I ~ ~ \ i ~ NO~~do.J?-W 100.00 ]'(.__~~'.'2..:J:f--:!2P'.~:-ij ;~7 I ;;1: ~ --/ ~ / / / // ./ /' . .198.58' :J RIGHT-OF-WA)PER ~ ~~ \ t S 88'01'22- W NORTHEAST 213T!:J _ STREE_T_ _ _ _ D..!.!: ~ ~ ~ D:...C.!- ~ ~ - - - - - - NORTH RIGHT-OF WAY liNE SOUTH BOUNDARY (SO' 'MOC RIGHT-OF-WAY) J OF TRACT B __--'--- --- ___-----------------, I I SHEET-~~;_;~;,;_-----------T .: I I UPDATES and/or REVISIONS DATE BY CK.D NOlE The undersigned and CRAVEN-THOMPSON '" ASSOCIAlES, INC. make no representations or guarontees as to the information reflected hereon pertaining to easements, .rlghts-of-woy. set back lines, reservotlons. agreements ond other simRor matters. and further, this instrument is not Intended to reflect or set forth 011 such matters. Such information should be obtained and conflnned by others through appropriate tItle Yeriflcotlon. NOlE Lands shown hereon were not abstracted for right-of-way ond/or easements of record. G: \2001 \01010.3..(JS.3\DWG\SD-ESMT-1.DKG ~ FOR: CITY OF A VENTURA LEGEND (0) OE:EJ) BOOK P.B. PLA T BOOK PG. PAGE P. a8. paNT OF BEClNNING P.o.c. paNT ON COUMENCEAlENT 8. c.R. BROWARO COUNTY. RECORDS R/W RIGHT OF WA Y .II CENTRAL ANGLr R RAONIS lTRACI'f lENGTH 50 100 I I I SCALE 1 ," = 1 00' o TRACT B art fF AlD/7lA4 PARK 517E f.:\ 1\ ~ ~~ t~~ ~,. ~ It! .... .... u u ~~ ~ ~ ).. ).. Q: Q: "'( ~ ~ ~ ~~ .... .... III tl ~ ~ ~ t.D ~cr ..CJ4.. ..ct~ ~~ ~,. ~ t.D ~cr ~CJ4....cr ..po ~fr ~,. 550'28'4.1'"W .11.8.1' Sec.34 , Twp a S, Rge 42 E EA~EIVIEr"ll This Instrument Prepared By Name: Antonio F. Tomei Work Order No. Parcel J.D. 2812340190016. 28fi3401~acT6~0 (Maintained by County Appraiser) City of Aventura Address 19200 W. Country Club Dr. Aventura. FL 33180 pg 1 oq. Form 3722 (Stocked) Rev. 7/94 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 Compan:y, its licen~ees, agents~ successors, and assigns, an easement forever for the construction, operation and mamtenance 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, add to, enlarge, change the voltage, as well as, the ReseMIllforCin:uitCourl size OJ and remove such facilities or any of them within an easement ~ feet in width described as follows: * See attached exhibit" A" Together with the right to pennit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and co within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all time: ri~ht to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and tnmmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upo lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned lu: power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, strec highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ,20_. Signed., sealed and delivered in the presence of: (Witness) (Corporate's name) By: CITY OF A VENTURA ~) CITY MANAGER Print Name: ERIC M. SOROKA. ICMA-CM Print Address: 19200 WEST COUNTRY CLUB DRIVE AVENTURA. FL 33180 (Witness'Signature) Print Name (Witness' Signature) Attest: (Witness) ~) CITY CLERK. Print Name: TERESA M. SOROKA, MMC Print Address:19200 WEST COUNTRY CLUB DRIVE AVENTURA. FL 33180 Print Name (Corporate Seal) STATE OF AND COUNTY OF _day of , 20-, by respectively the President and Secretary of _ corporation, on behalf of said corporation, who are personally known to me. or have produced did (did not) take an oath. (Type ofIdentification) The foregoing instrument was acknowledged before me 1 , . as identification, and v . . . , . . . . . .. , > . . . . . . . . ' . . . . . My Commission Expires: Notary Public, Signature .:.:~.:.<::~ . . .' .., . . . . . . . . . .' ." . , ' . Print Name EXHIBIT II A" , LEGAL DESCRIPTION: (F P & L UTILITY EASEMENT) A 10 FOOT STRIP OF LAND BEING A PORTION OF TRACT 1, THE WATERWAYS-SECTION 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 125, PAGE 78 OF THE PUBLIC RECORDS OF"MIAMI-DADE COUNTY, FLORIDA, AND A PORTION OF NORTHEAST 34th AVENUE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 122, PAGE 81 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT B, DONN ACRES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 76, PAGE 30 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND THE NORTHEAST CORNER OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST; THENCE SOUTH 02021'14" EAST ON SAID EAST LINE OF TRACT B AND THE EAST LINE OF SAID SECTION 34, A DISTANCE OF 528.21 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02021'14" EAST ON SAID EAST LINE, A DISTANCE OF 13.34 FEET; THENCE NORTH 46012'36" EAST, A DISTANCE OF 76.70 FEET; THENCE NORTH 43047'24" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 46012'36" WEST, A DISTANCE OF 67.88 FEET TO THE POINT OF BEGINNING. SAID STRIP OF LAND LYING IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA AND CONTAINING 723 SQUARE FEET (0.016 ACRES) MORE OR LESS. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING AND ARE REFERENCED TO THE EAST BOUNDARY OF TRACT B OF "DONN ACRES" AS RECORDED IN PLAT BOOK 76, PAGE 30 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA. SAID EAST LINE HAVING AN ASSUMED BEARING OF SOUTH 02021'14" EAST. 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. CRAVEN THOMPSON & ASSOCIATES, INC. CEr;}1'l')f ~..:u/~IZATION NUMBER LB 271 Bltf(~~~[~ PROFESSIONAL SURVEYOR AND MAPPER NO S388 STATE OF FLORIDA Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapp'9r. SHEET 1 of 2 CTA JOB NO. 01-0103-053 DATE: FEBRUARY 5. 2007 N:\Clerical\JOBS\200I\OI-OI 03.053\LEGALS\FPL UTILITY -3.doc . CRAVEN -THOMPSON & ASSOCIATES, INC. EV ENGINEERS · PLANNERS · SURVEYORS ~ '3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 {954) 739-6400 . FAX: (954) 739-6409 FOR: CITY OF A VENTURA LEGEND (0) DEED BOOK P.B. PLA T BOOK PG. PAGE p.aB. POINT OF BEClNNlNC p.ac. POINT ON COMAlENCEUENT B.C.R. BROWAHD COUNTY RECORDS R,Itf I?IGHT OF WA Y .II CENTRAl.. ANGLE R RADIUS L ARC LENCTH NOTE: "'115 IS !:!QI A SKETCH Of' SURVEY. but only 0 graphic depiction of the description shown hereon. There has been no field wort<. Yiewlng of the subject property. or monuments set In connection wIth the preparation of the information shown hereon. SKETCH TO ACCOMPANY DESCRIPTION F P & L UTlUTY EASEMENT SOUTH BOUNDARY OF TRACT S ---\-r==-, ff ,~I I -- ~ - - p.ae. '"NORTH SOUNDARY OF TRACT s- 1 I N.E. COR. TRACT 8 WIN ACfi<S .> I -. (P.8. 76. PC. .Ja D.C.H.) (P.S. 76. PG. :10 D.C-R.) i ~~ N.t. COR. SEC710N ,J4-51-42 I L EAST BOUNDARY OF TRACT S ~ _...;:> ~ DONN ACRES SCCTION GlJlFSTREAM PARK I I I ~ 1;;; L1NE 34-57-4.] PROPERTY I S't ~ I I ~ ~, POImON OF tRACT I I I 'V: WATmWAYS-SEC71ON :J I ..... \ (P.B 125, PG. 74 D.C.R.) I ca: I I ~ ~ ~ N43"47'24.W \ , ~..: Q: I 10.00' \ \ I ~llt)~ \ \ \ I s ~I \ \ \~~I .-~ I S4672;J6"W~~QS"-1 67.88\ I A: ,p.ae. ~ 6>' . \ \ ,/.::<Z I , ~: I .//) / \ /'/ /" /" ---502"21 '14 "E /' /' 13.34' TRACT B --- EXlSTlN(; SOUTH RIGHT-OF WA Y L1NE THE WA TERWA 'IS-SCCTlONS :1 (P.D. 725. PG. 74 D.C-H) ct: (j c:i lll~~ t;~~ ~~o:.. ~~~ l::l QS !( "- - ~ o 40 80 I I II SCALE 1" = 80' UPDATES and/or REVISIONS DATE BY CK'D NOTE The undersigned and CRA VEN-lHOMPSON & ASSOCI A lES. INC. make no representations or guarantees os to the Information reflected hereon pertaining to easements. rights-of-way. set bock lines. reservatIons. agreements and other similar matters, and further. this instrument is not intended to reflect or set forth 011 such matters. Such information should be obtained ond confirmed by others through appropriate title verification. NOlE Lands shown hereon were not abstracted for right-of-way and/or easements of record. G: \2001 \0101O.3.05.3\DWG\SD-ESMT-.3.DWG