HomeMy WebLinkAboutR-03-0301J-03-211
03/12/03
RESOLUTION NO. O 3 � Q `� 0 1
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A PERPETUAL NON-EXCLUSIVE
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
TO THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION OF APPROXIMATELY 200 SQUARE
FEET OF CITY -OWNED PROPERTY LOCATED AT
APPROXIMATELY 1975 NORTHWEST 12TH AVENUE,
MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED
IN ATTACHED AND INCORPORATED "EXHIBIT A," FOR
THE CONSTRUCTION AND IMPROVEMENT OF STATE
ROAD 933.
WHEREAS, the State of Florida Department of Transportation
("FDOT") proposes to construct or improve State Road No. 933,
Item/Segment No. 4077381, in Miami -Dade County, Florida; and
WHEREAS, FDOT is finalizing plans for the construction and
improvement of State Road 933 (Northwest 12th Avenue), from
Northwest 16th to Northwest 29th Streets; and
WHEREAS, the scope of the project consists of milling and
resurfacing the roadway, construction of Americans with
Disabilities Act of 1992 (ADA) ramps at intersections,
replacement of signal poles at Northwest 16th Street, Northwest
22nd Street, Northwest 28th Street, and Northwest 29th Street and
replacement of existing light poles; and
A T Y AP .
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CITY COMM SMON
IMETING C
7 2903
resolution UP
03- Sol
WHEREAS, after careful investigation by FDOT, it was found
that there is an existing slab cover trench that runs South of
Northwest 16th Street and ends approximately 200 feet South of
Northwest 20th Street, and a slab cover trench extends outside
FDOT's right-of-way; and
WHEREAS, it is necessary for FDOT to obtain a Perpetual
Non -Exclusive Easement from the City of Miami to place two light
poles in the right-of-way; and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorizedll to execute a
Perpetual Non -Exclusive Easement, in substantially the attached
form, to the Florida Department of Transportation of
approximately 200 square feet of City -owned property located at
1975 Northwest 12th Avenue, Miami, Florida, as more particularly
described in attached and incorporated "Exhibit A," for the
construction and improvement of State Road 933.
�i The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
Page 2 of 3 03— 301
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.21
PASSED AND ADOPTED this 27th day of March , 2003.
ATTEST:
R4e�'-k
P ISCILLA A. THoNTPSON
CITY CLERK
APPROVED A,�-'T�0 FORM
TdEEJ RO VILANELL
IT ATTORNEY
7000:smg:tr:AS:BSS:YMT
CTNESSe,,
EL A. DIAZ, OR
zi If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 3 03- 301
The Honorable Mayor and Members
of the City Commission
Joe Arriola
Chief Administrator/City Manager
RECOMMENDATION:
Perpetual Non -Exclusive
Easement
to FDOT
Resolution & Perpetual Non -Exclusive
Easement
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to execute a Perpetual Non -Exclusive Easement with the
FDOT approximately 200 square feet of City -owned property located at 1975 N.W. 12
Avenue, Miami, Florida, as more particularly described in Exhibit "A' attached hereto and
made a part hereof (the "Property").
BACKGROUND:
The State of Florida Department of Transportation ("FDOT") proposes to construct or
improve State Road No. 933, Item/Segment No. 4077381, in Miami -Dade County, Florida.
FDOT is finalizing plans for the construction and improvement of S.R. 933 Northwest 12th
Avenue, from Northwest 16th Street to Northwest 29th Street. The scope of the project
consists of milling and resurfacing the roadway, construction of ADA ramps at
intersections, replacement of signal poles at NW 16th St., NW 22nd St., NW 28th St., and
NW 29th St. and replacement of existing light poles.
After careful investigation by FDOT, it was found that there is an existing slab cover
trench that runs South of NW 16th Street and ends approximately two hundred (200) feet
South of NW 20th Street. The slab cover trench extends outside FDOT's right-of-way and
they have advised that it is impossible to place two light poles in their right-of-way.
Therefore, it will be necessary for FDOT to obtain a perpetual non-exclusive easement from
the City of Miami to place the two light poles.
JA:LMH:KC:LB:mv:br:mFDOT sale -1975 NW 12 Ave.doc
03- 301
MUM
PARCEL 800 F.P. No. 4077381 SECTION. No.87085
(NW 12" AVENUE)
Those portions of Tract "A", of MUNICIPAL SHOPS TRACT, according to the Plat thereof as
recorded in Plat Book 52, at Page 14, of the Public Records of Miami -Dade County, Florida, lying
in the Northeast one-quarter (NE '/,) of Section 35, Township 53 South, Range 41 East, Miami -
Dade County, Florida, being more particularly described as follows:
BEGIN at the Northwest comer of the Northeast quarter (NE t/l) of said Section 35, as shown on
the State of Florida State Road Department Right of Way Map for State Road 933 (NW 12`h
Avenue) Section No. 8760-152 (Present Section Number 87085), as recorded in Road Map Book
112, Page 83 of the Public Records of Miami -Dade County, Florida; thence South 01°2410" East
along the West line of said Northeast quarter and the centerline of said S.R. 933 (NW le Avenue),
a distance of 574.19 feet; thence North 88°35'50" East, perpendicular to the previously described
course for a distance of 59.50 feet to the POINT OF BEGINNING of the parcel of land hereinafter
to be described; thence North 01°2410" West, along the East Right of Way line of said N.W. 12th
Avenue as shown on said Right of Way Map, for a distance of 10.00 feet; THENCE run North
88°35'50" East for a distance of 10.00 feet; THENCE run South 01°24'10" East for a distance of
10.00 feet; THENCE run South 88°35'50" West for a distance of 10.00 feet to the POINT OF
BEGINNING.
Containing 100 square feet, more or less.
1).
ALSO:
BEGIN at the Northwest comer of the Northeast quarter (NE '/4) of said Section 35, as shown on
the State of Florida State Road Department Right of Way Map for State Road 933 (NW 12th
Avenue) Section No. 8760-152 (Present Section Number 87085), as recorded in Road Map Book
112, Page 83 of the Public Records of Miami -Dade County, Florida; thence South 01°24'10" East
along the West line of said Northeast quarter and the centerline of said S.R. 933 (NW 12th Avenue),
a distance of 374.19 feet; thence North 88035'50" East, perpendicular to the previously described
course for a distance of 59.50 feet to the POINT OF BEGINNING of the parcel of land hereinafter
to be described; thence North 01'24'10" West, along the East Right of Way line of said N.W. 12'h
Avenue as shown on said Right of Way Map, for a distance of 10.00 feet; THENCE run North
88°35'50" East for a distance of 10.00 feet; THENCE run South 01°24'10" East for a distance of
10.00 feet; THENCE run South 88°35'50" West for a distance of 10.00 feet to the POINT OF
BEGINNING
Containing 100 square feet, more or less.
All containing an aggregate area of 200 square feet, more or less.
CK/OH/2-17-03
03- 301
ESBIBIT A
SCALE I" - 40'
SEC. 35, TWP. 53 S. RGE. 41 E
MIAMI MUNICIPAL TRACT
IP -8- 51 - PG. 84)
Am—
TRACT A
—� EXISTING R/W LINE PER RMB 112, PG. 83EXISTING R/W LINE
S. R. 933
_
RM LINE Y PLAT
____=l -------- I___________________________________________________________ _
111 - - I____________________B________________
ml 1
N. W. 12th AVENUE
1 210 ' STA 210.35.00 211 NOI •24' 10"W 212 STA 212.35.00 213 1 ^1 214 2
07'dL
200 374.19'
I 1 of 574.19' 1"i 1 1
�i ou'i o r'i ui $i WEST LINE N.E. 1/4 SEC.35-53-41
�i 1 owe i PART PART ai t 1
I inoal
o+ • n
-------a------------m�---- 800- -----------------------------------------------N ------------- I RrN LINE BY PUT
NI''24100-W 1 _ _ * 0.00'
ZI '
NI 24_ID "W 1 _ _ 1 EXISTING R/W LINE
1 10.45 1 AS 1 -4 PER RMB 112. PG. 83
10.00 59.5' 59.5' 10.00' 10 00' 59.5' 10.00' STA 216.09j
S88.35'S0"W N88°35'S0"E S88.35'S0"W N88.35'50"E NW c0R. N210.35 210.45 212.45 S C. 35 5
69.5' 10.00' 69.5' 69.5• 10.00' 69.5'
SI.24'10"E SI.24'10"E
N.E. 1/4 SEC. 35. TWP. 53 S, RGE. 41 E
MUNICIPAL SHOPS TRACT
(P.B. 52 - PG. 14)
J1111010011— 11111000—
TRACT A
PARCEL No.
OWNER
AREA TAKEN
REMAINDER COMMENTS
800
CITY OF MIAMI
200 S.F.
UNDETERMINED
General Nolan
Rlyht of Way Informot/on and Section Cine was token from FDOT Right of Way Map Section 67065-152
'RMB 112 -Py 63 Nloml-bode Cowry Records)
Baseline In ormat/on was token from Weldaner Surveying and Mapping. P.A., P.N.C. Sheet, Flnunclal
Project No. 405659-1-52-01. doted 05-10-01.
Parcaf dlmenalons were oolali/oted hosed on Design Pion prepared by Alvarez Engineers. Inc.
LEGEND.
P.B. PLAT BOOK
PG. PAGE
S . SQUARE FEET
TWP. TOWNSHIP
RGE. RANGE
RMB ROAD MAP BOOK
F
W
Ld
IY
t—
N
L
O
N
IN
Z
NOT A SURVEY
STATE ROAD 933 (NW 12th Ave.)
AND NW 20th St. INTERSECTION
07-PE.13 01/01
PE -13
This instrument prepared by,
or under the direction of,
D. Michael Schloss, Esq.
District General Counsel
State of Florida
Department of Transportation
1000 N.W. 111th Avenue
Miami, Florida 33172
February 18, 2003 — NE
Parcel No. : 800.1R(2-27-03)
Item/Segment No.: 4077381
Managing District: 6
PERPETUAL NON-EXCLUSIVE EASEMENT
THIS EASEMENT, Made this day of , 2003, by the
City of Miami, a municipality of the State of Florida, grantor, to the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, its successors and assigns, grantee.
WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other
valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby
grants unto the grantee, its successors and assigns, a perpetual non-exclusive easement for the
purpose of relocating and maintaining an existing light pole in, over, under, upon and through the
following described land in Miami -Dade County, Florida, to -wit:
PARCEL 800 F.P. No. 4077381 SECTION. No.87085
(NW 12th AVENUE)
Those portions of Tract "A", of MUNICIPAL SHOPS TRACT, according to the Plat thereof as
recorded in Plat Book 52, at Page 14, of the Public Records of Miami -Dade County, Florida, lying in
the Northeast one-quarter (NE t/4) of Section 35, Township 53 South, Range 41 East, Miami -Dade
County, Florida, being more particularly described as follows:
BEGIN at the Northwest corner of the Northeast quarter (NE 1/4) of said Section 35, as shown on the
State of Florida State Road Department Right of Way Map for State Road 933 (NW 12th Avenue)
Section No. 8760-152 (Present Section Number 87085), as recorded in Road Map Book 112, Page
83 of the Public Records of Miami -Dade County, Florida; thence South 01°24'10" East along the
West line of said Northeast quarter and the centerline of said S.R. 933 (NW 12th Avenue), a distance
of 574.19 feet; thence North 88°35'50" East, perpendicular to the previously described course for a
distance of 59.50 feet to the POINT OF BEGINNING of the parcel of land hereinafter to be
described; thence North 01'24'10" West, along the East Right of Way line of said N.W. 12th Avenue
as shown on said Right of Way Map, for a distance of 10.00 feet; THENCE run North 88°35'50"
East for a distance of 10.00 feet; THENCE run South 01'24'10" East for a distance of 10.00 feet;
1 of 3 03— 301
THENCE run South 88°35'50" West for a distance of 10.00 feet to the POINT OF BEGINNING.
Containing 100 square feet, more or less.
ALSO:
BEGIN at the Northwest corner of the Northeast quarter (NE 1/4) of said Section 35, as shown on the
State of Florida State Road Department Right of Way Map for State Road 933 (NW 12th Avenue)
Section No. 8760-152 (Present Section Number 87085), as recorded in Road Map Book 112, Page
83 of the Public Records of Miami -Dade County, Florida; thence South 01'24'10" East along the
West line of said Northeast quarter and the centerline of said S.R. 933 (NW 12th Avenue), a distance
of 374.19 feet; thence North 88°35'50" East, perpendicular to the previously described course for a
distance of 59.50 feet to the POINT OF BEGINNING of the parcel of land hereinafter to be
described; thence North 01'24'10" West, along the East Right of Way line of said N.W. 12th Avenue
as shown on said Right of Way Map, for a distance of 10.00 feet; THENCE run North 88°35'50"
East for a distance of 10.00 feet; THENCE run South 01'24'10" East for a distance of 10.00 feet;
THENCE run South 88°35'50" West for a distance of 10.00 feet to the POINT OF BEGINNING
Containing 100 square feet, more or less.
All containing an aggregate area of 200 square feet, more or less.
TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever,
and the grantor will defend the title to said lands against all persons claiming by, through or under
said grantor.
IN WITNESS WHEREOF, THE CITY OF MIAMI, a municipal corporation of the State of
Florida, in the County of Miami -Dade, has caused this instrument to be executed in its name and its
seal to be affixed hereto by the authority granted to the City Manager and the City Clerk at the
_, 2003 City Commission Meeting by Resolution No.: , authorized this
day of , 2003.
2 of 3 03. SO
CITY OF MIAMI, a municipal corporation of
the State of Florida
Joe Arriola
City Manager
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
Alejandro Vilarello
City Attorney
3 of 3 0
3+ ���
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honor
ab or and Members
Je
he City ommis 'on
cA, �,.•-
FROM: Arriola
ef Administrator/City Manager
RECOMMENDATION:
DATE: MAR I V tom FILE:
SUBJECT: Perpetual Easement to FDOT
Avenue
REFERENCES:
Resolution & Perpetual Easement
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to execute a Perpetual Easement with the FDOT
approximately 200 square feet of City -owned property located at 1975 N.W. 12 Avenue,
Miami, Florida, as more particularly described in Exhibit "A" attached hereto and made a
part hereof (the "Property").
BACKGROUND:
The State of Florida Department of Transportation ("FDOT') proposes to construct or
improve State Road No. 933, Item/Segment No. 4077381, in Miami -Dade County, Florida.
FDOT is finalizing plans for the construction and improvement of S.R. 933 Northwest 121h
Avenue, from Northwest 16th Street to Northwest 29th Street. The scope of the project
consists of milling and resurfacing the roadway, construction of ADA ramps at
intersections, replacement of signal poles at NW 16th St., NW 22nd St., NW 28th St., and
NW 29th St. and replacement of existing light poles.
After careful investigation by FDOT, it was found that there is an existing slab cover
trench that runs South of NW 16th Street and ends approximately two hundred (200) feet
South of NW 20th Street. The slab cover trench extends outside FDOT's right-of-way and
they have advised that it is impossible to place two light poles in their right-of-way.
Therefore, it will be necessary for FDOT to obtain a perpetual easement from the City of
Mia pl e the two light poles.
JAIL br:mFDOT sale -1975 NW 12 Ave.doc
03-► 301
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Priscilla A. Thompson
City Clerk
FROM: Keith Carswell, Director
Department of cono evelopment
DATE : February 27, 2003 FILE:
SUBJECT: perpetual Easement to FDOT
REFERENCES:
ENCLOSURES:
Enclosed you will find an ad for notice of a public hearing to be held by the City
Commission on March 27, 2003 for the purpose of authorizing the City Manager to
execute a Perpetual Easement with the FDOT approximately 200 square feet of City -
owned property located at 1975 N:W. 12 Avenue, Miami, Florida. This property is
needed by the FDOT for the purpose of relocating and maintaining existing light poles.
Please place the ad in accordance with public hearing requirements of the City
Commission.
Thank you for your assistance in this matter.
En4ureKCIr/City Clerk 1975 NW 12 AvePE
;4t
/�Vl�
Elvi Gallastegui-Alonso, Agenda Coordinator
03- 301
CITY OF MIAMI
NOTICE OF PUBLIC HEARING
A public hearing will be held by the City Commission of the City of Miami, Florida on
March 27, 2003, at 9:00 a.m., at City Hall, located at 3500 Pan American Drive, Miami,
Florida, for the purpose of authorizing the City Manager to execute a Perpetual Non -
Exclusive Easement with the FDOT approximately 200 square feet of City -owned
property located at 1975 N.W. 12 Avenue, Miami, Florida. This property is needed by
the FDOT for the purpose of relocating and maintaining existing light poles.
All interested persons are invited to appear and may be heard concerning these items.
Should any person desire to appeal any decision of the City Commission with respect to
any matter considered at this hearing, that person shall ensure that a verbatim record of
the proceedings is made, including all testimony and evidence upon any appeal may be
based.
(City Seal) Priscilla A. Thompson
(11004) City Clerk
03- 301