HomeMy Public PortalAbout2022-26 Granting a utility easement to FPL for utility undergrounding at Paradise ParkRE S O L U T IO N N O . 2022- 26
A RE S O L U T IO N O F T H E V IL L A G E C O U N C IL O F T H E
V IL L A G E O F K E Y B IS C A Y N E , F L O RI D A , G RA N T IN G A
U T IL IT Y E A S E M E N T T O T H E F L O RI D A P O W E R &
LIGHT COMPANY (FPL) FOR UTILITY
UNDERGROUNDING AT PARADISE PARK; PROVIDING
FOR AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne ("Village") is constructing Paradise Park
located at 530 Crandon Boulevard (the "Park Property"); and
WHEREAS, as part of the Village's construction of Paradise Park, Florida Power & Light
Company ("FPL") is undergrounding existing utility service lines within the limits of the Park
Property; and
WHEREAS, FPL requires a utility easement from the Village for undergrounding utilities
within the limits of the Park Property (the "Easement"); and
WHEREAS, the Village desires to grant the Easement to FPL and authorize the Village
Manager to execute the Easement with FPL, in substantially the form attached hereto as Exhibit
"A"; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Grant of Easement. The Village Council hereby grants the Easement to
FPL in substantially the form attached hereto as Exhibit "A."
Section 3. Authorization. The Village Manager is hereby authorized to execute the
Easement, in substantially the form attached hereto as Exhibit "A," subject to the Village
Attorney's approval as to form, content, and legal sufficiency.
Section 4.
adoption.
Effective Date. That this Resolution shall be effective immediately upon
PASSED and ADOPTED this 14th_ day of __ _,J~u=n=-e , 2022.
ATTEST:
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 2 of 2
Work Request No. __
Sec._, Twp_S, Rge_E
Parcel I.D.
(Maintained by County Appraiser)
EASEMENT
(BUSINESS)
This Instrument Prepared By
Name: _
Co. Name:
Address:
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 affiliates,
licensees, agents, successors, and assigns ("FPL"), a non-exclusive
easement forever for the construction, operation and maintenance of
underground electric utility facilities (including wires, 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 ofthem within an easement described as
follows:
See Exhibit "A" ("Easement Area")
EXHIBIT "A"
Reserved for Circuit Court
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 Area and to operate the same for communications purposes; the right of ingress and egress
to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions
within the Easement Area; the right 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 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
Easement Area heretofore described, along, under, and across the roads, streets, or hiqhways adjoining or through said
Easement Area.
IN W ITNESS W HEREOF, the undersigned has signed and sealed this instrument on , 20_.
Signed, sealed and delivered in the presenceof:
Entity name
(Witness' Signature)
P rin t N a m e : _
(Witness)
By: _
P rin t N a m e :
P rin t A d d re ss: _
(Witness' Signature)
P rin t N a m e : _
(Witness)
STATE OF AND COUNTY OF _
before me this day of
_____________ of a , who is
personally known to me or has produced as identification, and who did (did not) take an oath.
_______ , 20_, by
The foregoing instrument was acknowledged
_____________ , the
(Type of Identification)
My Commission Expires:
Notary Public, Signature
Print Name _