Loading...
HomeMy Public PortalAbout2004 Easement for Civic Center.tifWEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. ATTORNEYS AT LAW MITCHELL A. BIERMAN NINA L. BONISKE MITCHELL J. BURNSTEIN JAMIE ALAN COLE EDWARD G. GUEDES STEPHEN J. HELFMAN JOHN R. HERIN, JR. HARRIET R. LEWIS GILBERTO PASTORIZA GARY I. RESNICK JOSEPH H. SEROTA NANCY E. STROUD RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ THOMAS J. ANSBRO• LILLIAN ARANGO DE LA HOZ• JAMES E. BAKER ALISON S. BIELER MIAMI-DADE OFFICE 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE 305-854-0800 TELECOPIER 305-854-2323 WWW.WSH-LAW.COM BROWARD OFFICE 3107 STIRLING ROAD • SUITE 300 FORT LAUDERDALE, FLORIDA 33312 TELEPHONE 954-763-4242 • TELECOPIER 954-764-7770 Mr. Armando Nunez Village of Key Biscayne 88 West McIntyre St. Key Biscayne, Florida 33149-0250 *OF COUNSEL August 25, 2004 Re: Florida Power & Light Company Easement for Civic Center Dear Mr. Nunez: MICHELLE BUCKALEW ELAINE M. COHEN JORGE L. CRUZ-BUSTILLO VIVIAN DE LAS CUEVAS-DIAZ STEPHANIE DEUTSCH• DOUGLAS R. GONZALES TARA L. GOULD PETER A. LICHTMAN KAREN LIEBERMAN• MATTHEW H. MANDEL MICHAEL J. MARRERO ALEXANDER L. PALENZUELA-MAURI MICHAEL S. POPOK• ANTHONY L. RECIO SCOTT A. ROBIN ANDREW E. RUSS GAIL D. SEROTA* JEFFREY P. SHEFFEL JOSE 5. TALAVERA SUSAN L. TREVARTHEN• JAMES E. WHITE Enclosed please find original easement granted to FPL in connection with the Civic Center site, recorded August 9, 2004, in Official Records Book 22554, Pages 557 — 561, of the Public Records of Miami -Dade County, Florida. Should you have any questions or comments concerning the foregoing, please do not hesitate to contact me. Very truly yours, Debbie Sabino Legal Secretary for Lillian Arango de la Hoz, Esq. DES 103.001 Enclosure cc: Mr. Ernesto Cercas (w/enc.) (via fax) 111111111111111111111111111111111111111111111 Work Order No. Sec. , Twp S, Rge E Parcel I.D.# (Maintained by County Appraiser) EASEMENT This instrument prepared by: Lillian Arango de la Hoz, Esq. Weiss Serota Helfman Pastoriza Guedes Cole & Boniske, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 The undersigned, in consideration of the payment of $10.00 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 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 ten (10') feet in width described as follows: C::1- IA 2f iO4R.06 r78a)30 OR BI-; 22554 PSIS 0557 - 561; (5p e s ) RECORDED 08/09120004 09:47:1:2 DEED DOC: TAX 0.60 SURTAX 0.45 HARVEY RUVIh4r CLERK OF C=OURT MIAMI-DADE COUNT'Yr FLORIDA Reserved for Circuit Court See Exhibits "A" and "B" attached hereto and made a part hereof for Sketch and Legal Description of Easement. Together with the right to permit any other person, firm 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 right 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 tress 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 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. Q IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on IC? day of July, 2004. Signed, sealed and delivered in the presence of: / f Print Na a H41/04 -f• 4 ett /+ 1 Print Name {\ T-TT•A I\ di ;d \ . V RCt Appr as o Vil ge Attorney Sufficiency VILLAGE OF KEY BISCAYNE, a Florida municipal corporation By: Jacq:eline R. Menen Village Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this May of July, 2004, by JACQUELINE R. MENENDEZ, as Village Manager, on behalf of the VILLAGE OF KEY BISCAYNE, a Florida municipal corporation, who (check one) is personally known to me or has produc-d a Floriyl'a driy slicense as identification. My,Commission Expires: OFFICIAL NOTARY SEAL CONCHITA H ALVAREZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC975183 My Ct 0.t it .S121\ XP.. NOV. 14,2004 Notary Pub Print Name! gna �A 7/ W ooyeez &.• EXHIBIT "B" DESCRIPTION: (10' F.P.L. EASEMENT-OFFSITE PORTION) A PORTION OF THE RIGHT-OF-WAY FOR McINTIRE STREET AND FERNWOOD ROAD, AS SHOWN ON THE PLAT SUNTRUST KEY BISCAYNE, RECORDED IN PLAT BOOK 157, PAGE 75 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING A STRIP OF LAND 10.00 FEET WIDE, LYING 5.00 FEET ON EACH SIDE OF, AS MEASURED AT RIGHT ANGLES TO AND PARELLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT A NORTHEAST CORNER OF SAID TRACT B; THENCE SOUTH, ALONG A PORTION OF THE EAST LINE OF SAID TRACT B, A DISTANCE OF 105.00 FEET; THENCE WEST, ALONG A PORTION OF THE SOUTH LINE OF SAID TRACT B, SAID LINE BEING COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE FOR McINTIRE STREET AS SHOWN ON SAID PLAT, A DISTANCE OF 123.36 FEET; THENCE SOUTH 64°34'09" WEST, A DISTANCE OF 68.62 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE NORTH 60°57'03" WEST, A DISTANCE OF 33.85 FEET; THENCE NORTH 73°03'37" WEST, A DISTANCE OF 66.09 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 12.21 FEET, A CENTRAL ANGLE OF 83°18'26", FOR A DISTANCE OF 17.75 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1665.95 FEET, A CENTRAL ANGLE OF 3°04'26", FOR A DISTANCE OF 89.38 FEET TO A POINT; THENCE NORTH 18°35'31" EAST ALONG A LINE NON-TANGET FROM THE LAST DESCRIBED CURVE, A DISTANCE OF 28.46 FEET; THENCE NORTH 10°49'02" EAST, A DISTANCE OF 29.03 FEET; THENCE SOUTH 77°06'35" EAST, A DISTANCE OF 6.16 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE; THENCE SOUTH 12°53'25" WEST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 77°06'35" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 12°53'25" EAST, A DISTANCE OF 11.50 FEET; THENCE NORTH 77°06'35" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 12°53'25" WEST, A DISTANCE OF 6.50 FEET TO THE POINT OF TERMINUS SAID LANDS SITUATE, LYING AND BEING IN THE VILLAGE OF KEY BISCAYNE, MIAMI- DADE COUNTY, FLORIDA. THE BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN WITH THE SOUTH LINE OF TRACT B, SUNTRUST KEY BISCAYNE, PLAT BOOK 157, PAGE 75 MIAMI- DADE COUNTY, RECORDS BEARING DUE 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. CERTIFICATE OF AUTHORIZATION NO. LB271 1 THOMAS C. SHAHAN PROFESSIONAL SURVEYOR AND MAPPER NO. 4387 STATE OF FLORIDA JUL 0 6 2004 THIS SKETCH & DESCRIPTION IS NOT VALID UNLESS IT BEARS AN ORIGINAL SIGNATURE AND A RAISED, EMBOSED SURVEYOR'S SEAL. Sheet 1 of 2 Sheets JOB. NO. 01-0065 DATED: July 2, 2004 1VED 200+ Jane; .{.. N:\Clerical\JOBS\2001 \01-0065\legals\sd-fpl2A-rd.doc 'Center (yCRAVEN •THOMPSON & ASSOCIATES, INC. r ENGINEERS • PLANNERS • SURVEYORS 3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400 FAX: (954) ,zo_�nno 3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400 739-6409 FOR: JAMES A. CUMMINGS S 7/7'06'35" E / 6.16' S 12'53;25" W 5.00' N 10'4'02" E f 29.03' (k -Ii a/ f' Qh I;Vi� 1 � � 10.0' 90' I I v I R=1665.95' I d=3'04'26" {/�'' 1 I A=89.38' I I I ' 1 1 1 I R=12.21' I1 1 A=83'18'26" A=17.75' N 73'03'37" W 66.09' Mc/NT/RE STREET (50' RIGHT—OF—WAY) /1 1 1 NOTE: THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the description shown hereon. There hos 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 10' F.P.L. EASEMENT N 77'06'35" W 10.00' S 12'53'25" W 6.50' N 12'53'25" E 11.50' P.O.T. ABBREVIATION LEGEND P. 0. C. -POINT OF COMMENCEMENT P.0. B. -POINT OF BEGINNING P.O. T. -POINT OF TERMINUS R.P. -REFERENCE POINT R -RADIUS DISTANCE D -DELTA ANGLE A -ARC DISTANCE TRACT B S 77'06'35" E SUNTRUST KEY BISCAYNE 10.00' PLAT BOOK 157, PAGE 75 MIAMI—DADE COUNTY RECORDS N 18'35'31" E 28.46' 10' FLORIDA POWER & LIGHT COMPANY EASEMENT PER PLAT 5.0' 90'(TYPICAL) S 89'59'48" E 1.30' P.O.B. N 00'00'12" E 10.00' S 89'59'48" E 1.30' DETAIL NOT TO SCALE 10' UTILITY EASEMENT PER PLAT SOUTH LINE TRACT "B" NORTH RIGHT—OF—WAY LINE NOT INCLUDED SEE DETAIL ABOVE 0 11 4.i U to P.O.C. N.E. CORNER TRACT "B" PLAT BOOK 157, PAGE 75 of O • WEST 123.36' N 60'57'03" W 33.85' P.O.B. S 6434'09" W 68.62' EAST LINE TRACT SHEET 2 OF 2 SHEETS UPDATES and/or REVISIONS DATE BY CK'D NOTE The undersigned and CRAVEN—THOMPSON & ASSOCIATES, INC. make no representations or guarantees as to the information reflected hereon pertaining to easements, rights —of —way, set back lines, reservations, agreements and other similar matters, and further, this instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. NOTE Lands shown hereon were not abstracted for right—of—way and/or easements of record. G: \2001\010065\SD-FPL-DUCT2.DWG JOB NO.: 01-0065 DRAWN BY: N.M. CHECKED BY: T.S. F.B. N/A PG. DATED: 7-02-04 CRAVEN • THOMPSON 8( ASSOCIATES, INC. ENGINEERS • PLANNERS • SURVEYORS 3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400 FAX: (954) 739-6409 FOR: JAMES A. CUMMINGS S 74'06'35" E / 6.16' S 12'53;25" W // 5.00' N 10'4¢x'02" E 29.03' QI Q/- 1 1 1 1 1 • • 1 1 1 1 1 / / / 1 ' R=1665.95' 4=3'04'26" 1 1 A=89.38' I R=12.21' i---A=83'18'26" A=17.75' 1 NOTE: THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction of the description shown hereon. There has been no field work, viewing of r 0 the subject property, or monuments set in connection with the preparation 2),71 of the information shown hereon. SKETCH TO ACCOMPANY DESCRIPTION Cr)� N 77'06'35" W 10.00' S 12'53'25" W 6.50' N 12'53'25" E 11.50' P.O. T. S 77'06'35" E 10.00' NOT INCLUDED N 18'35'31" E 28.46' 10' F.P.L. EASEMENT ABBREVIATION LEGEND P.0.C.-POINT OF COMMENCEMENT P.0.8. -POINT OF BEGINNING P.O. T. -POINT OF TERMINUS R.P. -REFERENCE POINT R -RADIUS DISTANCE D -DELTA ANGLE A -ARC DISTANCE TRACT B SUN TRUST KEY BISCAYNE PLAT BOOK 157, PAGE 75 MIAMI-DADE COUNTY RECORDS 10' FLORIDA POWER & LIGHT COMPANY EASEMENT PER PLAT N 73'03'37" W 66.09' NOT INCLUDED 0 II tti J P. 0.C. I v N.E. CORNER TRACT "B" / 5.0' © 90'(TYPICAL) S 89'59'48" E PLAT BOOK 157, PAGE 75 W 1.30' • ? 10.0' 90' P. O. B. 0 12 O W O N 00'00'12" E � 10.00' 0 fi) o �O cc �. Q uct OIO `}LLt1 a2 •' , O in o tv WEST I = m o 123.36' 1— Q o 10' UTILITY EASEMENT PER PLAT Ni _ _ _ _ _SOUTH LINE TRACT "B_ _ _ ___\/,\ �_��� NORM RIGHT-OF-WAY LINE ..- -� �� Mc/NT/RE STREET (50' RIGHT-OF-WAY) • S 89'59'48" E 1.30' DETAIL NOT TO SCALE SEE DETAIL ABOVE N 60'57'03" W P. 0. B. S 64'34'09" W 68.62' SHEET 2 OF 2 SHEETS UPDATES and/or REVISIONS DATE BY CK'D NOTE The undersigned and CRAVEN—THOMPSON & ASSOCIATES, INC. make no representations or guarantees as 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 all such matters. Such information should be obtained and confirmed by others through appropriate title verification. NOTE Lands shown hereon were not abstracted for right—of—way and/or easements of record. G: \2001 \010065\SD-FPL-DUCT2.DWG JOB NO.: 01-0065 DRAWN BY: N.M. CHECKED BY: T.S. I F.B. N/A PG. DATED: 7-02-04 EXHIBIT "A" DESCRIPTION: (10' F.P.L. EASEMENT-ONSITE PORTION) A PORTION OF TRACT B, SUNTRUST KEY BISCAYNE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 157, PAGE 75 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING A STRIP OF LAND 10.00 FEET WIDE, LYING 5.00 FEET ON EACH SIDE OF, AS MEASURED AT RIGHT ANGLES TO AND PARELLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT A NORTHEAST CORNER OF SAID TRACT B; THENCE SOUTH, ALONG A PORTION OF THE EAST LINE OF SAID TRACT B, A DISTANCE OF 105.00 FEET; THENCE WEST, ALONG A PORTION OF THE SOUTH LINE OF SAID TRACT B, SAID LINE BEING COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE FOR McINTIRE STREET AS SHOWN ON SAID PLAT, A DISTANCE OF 123.36 FEET; THENCE SOUTH 64°34'09" WEST, A DISTANCE OF 68.62 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE NORTH 60°57'03" WEST, A DISTANCE OF 33.85 FEET; THENCE NORTH 73°03'37" WEST, A DISTANCE OF 66.09 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 12.21 FEET, A CENTRAL ANGLE OF 83°18'26", FOR A DISTANCE OF 17.75 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1665.95 FEET, A CENTRAL ANGLE OF 3°04'26", FOR A DISTANCE OF 89.38 FEET TO A POINT; THENCE NORTH 18°35'31" EAST ALONG A LINE NON-TANGET FROM THE LAST DESCRIBED CURVE, A DISTANCE OF 28.46 FEET; THENCE NORTH 10°49'02" EAST, A DISTANCE OF 29.03 FEET; THENCE SOUTH 77°06'35" EAST, A DISTANCE OF 6.16 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE; THENCE SOUTH 12°53'25" WEST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 77°06'35" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 12°53'25" EAST, A DISTANCE OF 11.50 FEET; THENCE NORTH 77°06'35" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 12°53'25" WEST, A DISTANCE OF 6.50 FEET TO THE POINT OF TERMINUS SAID LANDS SITUATE, LYING AND BEING IN THE VILLAGE OF KEY BISCAYNE, MIAMI- DADE COUNTY, FLORIDA. THE BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN WITH THE SOUTH LINE OF TRACT B, SUNTRUST KEY BISCAYNE, PLAT BOOK 157, PAGE 75 MIAMI- DADE COUNTY, RECORDS BEARING DUE 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. CERTIFICATE OF AUTHORIZATION NO. LB271 THOMAS C. SHAHAN PROFESSIONAL SURVEYOR AND MAPPER NO. 4387 STATE OF FLORIDA JUL 0 6 2004 THIS SKETCH & DESCRIPTION IS NOT VALID UNLESS IT BEARS AN ORIGINAL SIGNATURE AND A RAISED, EMBOSED SURVEYOR'S SEAL. Sheet 1 of 2 Sheets JOB. NO. 01-0065 DATED: July 2, 2004 8 f �, �r�;0ts N:\Clerical\JOBS12001 \01-0065\legals\sd-fpl2a.doc