97-011 RESOLUTION NO. 97-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA GRANTING A NON-EXCLUSIVE
UTILITY EASEMENT TO FLORIDA POWER & LIGHT
("FPL"); AUTHORIZING THE CITY MANAGER TO EXECUTE
SUCH UTILITY EASEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Trafalgar Associates has requested that the City of Aventura grant an
electric utility transmission line to FPL to allow the relocation of an existing portion of the
transmission line; and
WHEREAS, the City Council finds that the grant of the requested utility easement is
in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section1. The recitals contained in the preamble to this Resolution are
incorporated by reference herein.
Section 2. The City Council hereby approves the attached non-exclusive FPL
transmission line utility easement in substantially the form attached hereto.
Section 3. The City Manager is hereby authorized to execute such utility
easement, once approved by the City Attorney as to legal form and sufficiency.
Section 4. The City Manager is authorized to do all things necessary to carry out
the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its adoption.
Resolution No. 97-11
Page 2
The foregoing Resolution was offered by Councilmember Cohen, who moved its
adoption. The motion was seconded by Councilmember Rogers-Libert, and upon being put
to a vote, the vote was as follows:
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow no
Councilmember Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 12th day of February, 1997.
ATTEST: , ~ t
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CI'I¥'ATTOR NEY
THIS INSTRUMENT PREPARED BY:
IGNACIO B. SARMIEN. TO
FLORIDA POWER & LIGHT COMPANY, INC.
P.O.BOX 029311
MIAMI, FL 33102-9311
EASEMENT
(Corporate)
KNOW ALL MEN BY THESE PRESENTS that The City of Aventura of the County of
Dade and State of Florida in consideration of the sum of One Dollar and No Cents ($1.00) and
other valuable considerations, receipt of which is hereby acknowledged, does hereby grant to the
FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws
.of the State of Florida, whose address is P.O. Box 14000, Juno Beach, Florida 33408-0420, and
to its successors and assigns (the term "assigns" meaning any person, firm or corporation owning
by way of assignment all rights under the Agreement or a portion of such rights with the Grantee
or its other assigns retaining and exercising the other rights), an easement forever for a right-of-
way, 10.00 feet in width, to be used for the construction, operation and maintenance of one or
more overhead and underground electric transmission and distribution lines, including but not
limited to, wires, poles, "H" flame structures, towers, cables, conduits, anchors, guys, roads, trails
and equipment associated therewith, attachments and appurtenant equipment for communication
purposes and one or more pipelines, and appurtenant equipment for the transmission of
substances of any kind (ail of the foregoing hereinafter referred to as "facilities"), over, under,
in, on, upon and across the lands of the Grantor situated in the County of Dade and the State of
Florida and being more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof
together with the right and privilege from time to time to reconstruct, inspect, alter, improve,
enlarge, add to, change the voltage, as well as the nature or physical characteristics of, replace,
remove or relocate such facilities or any part of them upon, across, over or under the above-
described right-of-way with all rights and privileges necessary or convenient for the full
enjoyment or the use thereof for the herein described purposes, including, but not limited to, the
right to cut and keep clear all trees and undergrowth and other obstructions within said right-of-
way and on lands of Grantor adjoining said right-of-way that may interfere with the proper
construction, operation and maintenance of such facilities or any part of them, the right to mark
the location of any upderground facilities by above ground and other suitable markers and the
right of ingress and egress for personnel and equipment of Grantee, its contractors, agents,
successors or assigns over the adjoining lands of the Grantor, for the purpose of exercising and
enjoying the rights granted by this easement and any or all of the rights granted hereunder.
Form 3716 Rev. 8/9/94
The Grantor, however, reserves the fight and privilege to use the above-described right-of-
way for agricultural and such other purposes except as herein granted or as might interfere or be
inconsistent with the use, occupation, maintenance or enjoyment thereof by Grantee or its
successors or assigns, or as might cause a hazardous condition; provided, however, and by the
execution and delivery hereof Grantor so expressly agrees that no portion of the fight-of-way
shall be excavated, altered, obstructed, improved, surfaced or paved without the prior written
permission of the Grantee, or its successors or assigns, and no building, well, irrigation system,
structure, obstruction or improvement (including any improvements for recreational activities)
shall be located, constructed, maintained or operated over, under, upon or across said fight-of-
way by the Grantor, or the heirs, personal representatives, successors or assigns of Grantor.
By the execution hereof, Grantor covenants that it has the right to convey this easement
and that the Grantee .and its successors and assigns shall have quiet and peaceful possession, use
and enjoyment of this easement and the fights granted hereby.
1N WITNESS WHEREOF, the Grantor has executed this Agreement this o~ day of
[o ~O_AX .UFLAJ~ , 19 77-
Signed, sealed and delivered
in the presence of: 6l~rv 0/~
( Corpo ate NFe)
N~e (;rin~,: ~' 1~.,[ ~ Attest:
Print Name: ~&l~
Print Name: "7~ar.~ ~&tq-
SiTi~afi~t:r~t~~nture ~,~/--~A-/'~ Address: Z'~qot
Name (Print): 4q'q~'to ~ht.~
(Corporate Seal)
(Acknowledgement continued on next page.)
2 Form 3716 Rev. 8/9/94
ACKNOWLEDGEMENT
STATE OF FLORIDA )
)SS:
COUNTY OF '~]~('~d 0. )
Onthis r~4 dayof ~'~0 kA~,/?~I..AJ~ , 19~beforeme, the undersigned
notary public, per- ~on~ly appe~e~ ~r/~- ~ .' ~FD~FA ,
~I'T~ ~O~e~ (fitle)~d~O~ ~- ~j~ ,
¢[~ O,/~ (title) of O~f ~q ~ ~ll~_~F~ , a
co~oration, .person~ly ~om to me to be ~e persons who subscribed to ~
f~ing~n~e[t or who have produced ~d
, respectively ~ identification, ~d ac~owledged ~at ~ey executed
· e sine on behalf of said co~oration ~d that they were duly au~orized so to do.
~ ~ESS ~E~OF, I here~to set my h~d ~d official se~.
N~T~Y P~IC, STATE OF FLO~DA
N~e (PfinO:
My Co~ssion Expires:
CCC/DGE
3716.Ess (4C)
3 Form 3716 Rev. 8/9/94
LEGAL DESCRIPTION OF FPL EASEMENT
FOR PROPOSED 10' VACATION OF R/W
A PARCEL OF LAND FOR FPL UTILITIES PURPOSES LYING IN A PORTION OF
EXISTING N.E. 50TH. STREET AS SHOWN ON PLAT OF DONN ACRES, AC-
. CORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 76, PAGE
50 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE
42 EAST; THENCE N,8746'lS"E. ALONG THE SOUTH LINE OF THE NORTH-
EAST ONE-QUARTER OF SAID SECTION 34, 50,65 FEET; THENCE N.02'15'
47"W., 75,00 FEET TO THE NORTH RIGHT-OF-WAY LINE .OF N.E. 207TH,
STREET; THENCE S.87'46'15"W. ALONG THE SAID NORTH RIGHT-OF-WAY
UNE OF N.E. 207TH. STREET, 2.49 FEET TO THE POINT OF CURVATURE OF
A CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET
A CENTRAL ANGLE OF 55'48'40" AND AN ARC DISTANCE OF 15.65 FEET
TO A POINT ON THE CURVE AND THE POINT OF BEGINNING; THENCE CON-
TINUE ALONG SAID 25.00 FEET RADIUS CURVE HAVING A CENTRAL ANGLE
OF 55'07'48" AND AN ARC DISTANCE OF 23.18 FEET TO THE POINT OF
TANGENCY AND THE PROPOSED FAST RIGHT-OF-WAY UNE OF N.E. 50TH,
AVENUE; THENCE N.OS'17'19"W. ALONG SAID PROPOSED EAST RIGHT-OF
-WAY LINE OF N,E. 50TH. AVENUE, 895~04 FEET; THENCE N.8750'41"E.
10.00 FEET TO THE EXISTING EAST RIGHT-OF-WAy LINE OF SAID N.E. 50TH.
AVENUE; THENCE S.03'17'19"E. ALONG SND EXISTING EAST RIGHT-OF-WAY
IJNE, 912.86 FEET TO THE,POINT OF BEGINNING.
CONTAINING 9,06g.5 SQUARE FEET OR 0.21 ACRES MORE OR LESS.
FPL EASEMENT FOR RIGHT-OF-WAY VACATION
MORGAN & EKLUND, INC. ~,~ ~, ~.~,~ ~o sE,,o,, ,,2.o~,. .~8o,~.oo
P.O. BOX 1420 SUITE 205
WABAS$O, FL 32970 DEERFIELO S~CH, FL 53.4~ 2/14/97