Res. No. 072-03-11621RESOLUTION NO.
72-03-11621
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,APPROVING THE
ACCESS EASEMENT AGREEMENT BETWEEN THE CITY OF
SOUTH MIAMI AND FLORIDA POWER AND LIGHT COMPANY;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,theCity of SouthMiamimaintains ownership of the property locatedat6700SW
58 Place,otherwise known as Murray Park,including the parking area easement adjacent tothe Florida
PowerandLight (FP&L)facility;and
WHEREAS,itis necessary forFP&Ltohave uninterrupted access tosuch easement in order to
adequately repair,maintain,andupgradeitselectrical substation;and
WHEREAS,the City of South Miamihas agreed to grant FP&L access tothesite and enter into
aformal agreement forthis purpose.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT:
Section 1.The Access Easement agreement ishereby approved atthelocationasshownon
Exhibit "A"attached hereto.
Section 2.TheCityManagerisauthorizedtoexecutesuch agreement on behalf of theCity
of South Miami.
Section 3.This resolution shalltakeeffectupon adoption.
PASSED AND ADOPTED THIS20th DAY OF May 2003
ATTEST:
READ AND APPROVED AS TO FORM:
J £>*<£-J h
CITY ATTORNEY
APPROVED:
(k.(^A <Cq
MAYOR
COMMISSION VO'
Mayor Feliu:
Vice Mayor Russell:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner McCrea:
5-0
Yea
Yea
Yea
Yea
Yea
South Miami
All-America City
2001
Excellence,Integrity,Inclusion
To:Honorable Mayor,Vice Mayor Date:May 20,2003
and City Commission ^^
From:Sanford A.Youkilis ^A^Y Subject:Agenda Item #&
Acting City Manager ^J /)Access Easement Agreement with
V FP&L
REQUEST
A RESOLUTION OFTHE MAYOR AND CITY COMMISSION OFTHECITYOFSOUTH
MIAMI,FLORIDA,APPROVING THE ACCESS EASEMENT AGREEMENT BETWEEN
THE CITY OF SOUTH MIAMI AND FLORIDA POWER AND LIGHT COMPANY;
AUTHORIZING THECITY MANAGER TO EXECUTE SAID AGREEMENT;AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The City of South Miami owns the property rights to the Murray Park property located at 6700
SW 58th Place.This property is adjacent to an FP&L facility.In order to maintain,repair,and
upgrade the electrical substation located on the City's site,FP&L has requested that the City
provide uninterrupted access tothe easement.
The City has analyzed this request and found it to be reasonable given that FP&L will need to
service the lines periodically even if unlimited access is not granted.In exchange,FP&L will pay
the City the sum of $15,000 for access to the easement.The proposed will also be advantageous to
the City in the event power lines require emergency repairs,particularly during times when the
parkis unoccupied.
Funding collected from FP&L pursuant to this agreement will be allocated for the Multipurpose
Center.
RECOMMENDATION
Approval is recommended.
Attachments:*Access Easement agreement
^Exhibit "A"to the agreement illustrating the exact location of the easement willbe provided
during the Commission meeting.The mapping division at FP&L is currently in the process of
creating themapthatwillserveas the exhibit.
SAY/OC
ACCESS EASEMENT
THIS ACCESS EASEMENT ("Agreement")is hereby granted this ^D day of May,2003,
by the City of South Miami whose mailing address is (?IdO foitSrt to*»
f j,AJUm.,f*L 33/43 (hereinafter referred to as "Grantor"),to Florida Power &Light tampln^aVlorida corporation,whose address is P.O.Box 14000,Juno Beach,Florida 33408
(hereinafter referred to as "FPL").
RECITALS
WHEREAS,FPL installed an electrical substation on the property which is adjacent to
property owned by Grantor;and
WHEREAS FPL desires access over that portion of Grantor's property situated in Miami
Dade County,Florida,and described on the attached Exhibit "A"("Property")for the purpose of
ingress/egress to said electrical substation;and
WHEREAS,Grantor has agreed to grant an access easement for such purpose subject to
certain terms and conditions as more specifically set forth herein;and
NOW,THEREFORE,the Grantor,for and in consideration often dollars ($10.00)and other
good and valuable considerations,receipt of which is hereby acknowledged,does hereby grant to
FPL,its successors,and assigns,the right,privilege,and use ofa perpetual access easement over,
under,across and through the Property of the Grantor;and
This grant of easement is subject to the following terms and conditions.
1 Grantor agrees that the Property may be used for access,ingress and egress by FPL to
operate,maintain,repair,improve and relocate electrical utility facilities and appurtenances,
including an electrical substation,on adjacent property.
2 Grantor agrees that FPL may use the existing road on the Property or if no road presently
exists FPL may,at its option,construct aroad.Any road existing or to be constructed by FPL may
be modified or constructed by FPL to meet FPL's specifications to support its heavy equipment.
3.FPL may maintain the road to its specifications for its use including any elevation
requirements.
4 Employees,agents,or contractors of FPL shall have the right to enter upon the Property for
the purpose of accessing electrical utility facilities,including an electrical substation,on adjacent
property and for construction and/or maintenance of the road on the Property,including removing
brush trees or fencing as necessary.If FPL removes or damages any brush,trees or fencing,then
FPL shall restore the Property to the condition it is in as of the date ofthis Agreement at its sole cost
and expense.
5.FPL shall pay to Grantor the sum of$15,000.00 in consideration for receiving such easement
after the Agreement is executed by both Grantor.
IN WITNESS WHEREOF,the Grantor has executed this Agreement this 2\*day of May,
2003.
Signed,sealed and delivered
in the presence of:Grantor:
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ACKNOWLEDGMENT
STATE OFFLORIDA )
)
COUNTY OFMIAMIDADE)
On this 1\*day of May,2003 before me,the undersigned notary public,personally
appeared QwAkd A Vnu£il£L.»———:——..._.South Miami^rsonally kfeown to ngft be the person who subscribed to the foregoing instrument
or who has produce?—as identification,and acknowledged that
he/she executed the same on behalf ofsaid corporation and that he/she was duly authorized so to do.
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
OTARY PUBLIC,STATE OF FLORIDA S^rgC -J*Jh~
Print Name:TfiantJhcL.7^/AA^
-^RoneMa Tartar Commission No:<J>7)oqA&Y
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