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HomeMy WebLinkAboutR-03-0464J-03-212 05/08/03 RESOLUTION NO. 03— 464 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT, AND A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT FOR CONSTRUCTION, INSTALLATION AND MAINTENANCE OF A NEW WATER MAIN AND APPURTENANCES, UNDER AND THROUGH JOSE MARTI PARK PROPERTY LOCATED AT 351 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, FOR A PERIOD BEGINNING WITH THE DATE OF EXECUTION AND CONTINUING UNTIL COMPLETION OF THE PROJECT, BUT NOT TO EXCEED ONE YEAR; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND GRANT OF EASEMENT, FOR SAID PROJECT. WHEREAS, a temporary construction easement and a permanent easement to Miami -Dade Water and Sewer Department ("MDWSD") to install a water main along the northernmost property line of the City of Miami's Jose Marti Park are required; and WHEREAS, due to the upcoming dredging of the Miami River by the United States Army Corps of Engineers, MDWSD must relocate an existing 20 -inch water transmission main on the south side of the river between Southwest 2nd and Southwest 4th Streets Miami, Florida; and CITY COMMISSION MEETING OF MAY Q � ?nnl Resolution No. 03— 464 WHEREAS, numerous existing structures encroach on the County's current easement and these encroachments pose a serious conflict and inconvenience to the contractor's activities and threatens the successful and timely installation of the new water main; and WHEREAS, the construction of the water main in its current location will negatively affect the operation of adjacent businesses; and WHEREAS, the dredging project commencement is rapidly approaching, and time is of the essence, the best alternative from an economic and ease of installation standpoint is to perform the relocation work in an unoccupied open area within Jose Marti Park; and WHEREAS, MDWSD has agreed to give the City $45,000 to cover costs of the improvements of the Miami River Greenway/Riverwalk Connector; and WHEREAS, MDWSD has requested the City to grant a permanent 20 -foot wide easement along the northernmost property line for the installation of the new water main; and WHEREAS, MDWSD has also requested that the City grant a temporary 50 -foot wide easement adjacent to the permanent easement within Jose Marti Park beginning with the date of execution and continuing until completion of the project, but not to exceed a one-year period; Page 2 of 4 03- 464 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 Grant of Temporary Construction Easement and the Grant of Easement, in substantially the attached forms, to Miami -Dade Water and Sewer Department for construction, installation and maintenance of a new water main and appurtenances under and through the City of Miami Jose Marti Park property located at 351 Southwest 4th Street, Miami, Florida, are approved, for a period beginning with the date of execution and continuing until completion of the project, but not to exceed one year. Section 3. The City Manager is authorizedll to execute the Grant of Temporary Construction Easement and the Grant of Easement, in substantially the attached forms, for said project. 1� 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 3 of 4 63- 464 Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayoral PASSED AND ADOPTED this 8th day of Ma ATTEST: PRIILLA A. THOMPSON CI CLERK N17RO VILARELLO ATTORNEY W7001:tr:AS:BSS 2003. CORRECTNESS: z/ 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 4 of 4 63— 464 GRANT OF TEMPORARY CONSTRUCTION EASEMENT BETWEEN CITY OF MIAMI AND MIAMI-DADE WATER AND SEWER DEPARTMENT THIS AGREEMENT, made this day of , 2003, between THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called the "GRANTOR"), and MIAMI-DADE WATER AND SEWER DEPARTMENT a political subdivision of the State of Florida (hereinafter called the "GRANTEE"). RECITALS GRANTOR, for and in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE, its successors and assigns, the right and privilege of a Temporary Construction Easement with full right of ingress thereto and egress therefrom, (hereinafter called the "EASEMENT"), on approximately 7,124 square feet of land on the City -owned property commonly known as Jose Marti Park (hereinafter call the "PROPERTY"), as more particularly described and shown on Exhibit "A-1" which is attached hereto and made a part hereof. The PROPERTY will be used as a staging area which may be enclosed by an eight foot chain-link fence and will be used to accommodate a temporary office trailer, storage of miscellaneous materials, as well as loading and unloading pipe, fittings and 63- 464 construction equipment in connection with the construction and installation of a new 20 - inch water main under the Miami River. GRANTOR reserves the right to use the PROPERTY for any lawful purpose that will not prevent or interfere with the exercise by the GRANTEE of the rights granted under this EASEMENT. The term of this EASEMENT shall be for a one year period commencing on the day and year set forth below in which GRANTEE accepts the EASEMENT (hereinafter called the "EXECUTION DATE") provided, however, that if the construction and installation of the watermain is completed prior to the expiration of said one year period, this Grant of Temporary Construction Easement shall terminate upon completion of the construction and installation of the watermain. This EASEMENT may also be terminated by the GRANTOR's City Manager, at its sole option, with or without cause, at any time upon giving fifteen (15) days written notice to GRANTEE prior to the termination date. Upon the expiration, termination or cancellation of the EASEMENT, GRANTEE shall restore the PROPERTY and any areas used by GRANTEE for ingress and egress to the PROPERTY, at GRANTEE's sole cost and expense, to the same condition or better than it was prior to GRANTEE's use thereof. GRANTEE shall be responsible, at GRANTEE's sole cost and expense, for any environmental clean-up, if required by a Federal, State or local agency, which may be caused by the granting of this EASEMENT. Should GRANTEE fail to restore the PROPERTY and areas of ingress and egress and perform any environmental clean-up as may be required pursuant to this 2 03- 46 EASEMENT within thirty (30) days after receipt of written notice from GRANTOR directing the required restoration and clean-up, GRANTOR shall cause the PROPERTY and the areas of ingress and egress to be restored and clean-up on behalf of GRANTEE, and GRANTEE shall pay GRANTOR the full cost of such restoration and clean-up within thirty (30) days of receipt of an invoice from GRANTOR indicating the cost of such required restoration and clean-up. GRANTEE shall exercise the rights granted herein in such a manner as not to cause any damage or destruction of any nature to or interruption of the use of the adjoining lands owned by GRANTOR. GRANTEE shall pay for and obtain the necessary and applicable permits in compliance with all Federal, State and local statutes, laws, rules and regulations in connection with its use of the PROPERTY. Upon the termination, cancellation or expiration of the EASEMENT, GRANTEE shall have the right to remove, at its sole cost and expense, any movable personal property that it places in or on the PROPERTY. If any part of the PROPERTY is in any way damaged by the removal of any movable personal property, said damage shall be repaired by GRANTEE at its sole cost and expense. Should GRANTEE fail to repair any damage caused to the PROPERTY within thirty (30) days after receipt of written notice from GRANTOR directing the required repairs, GRANTOR shall cause the PROPERTY to be repaired on behalf of GRANTEE and GRANTEE shall pay GRANTOR the full cost of such repairs within thirty (30) days of receipt of an invoice from GRANTOR indicating the cost of such required repairs. 3 63- 464 GRANTOR assumes no responsibility for any property of the GRANTEE, its agents, servants, employees or contractors brought on or about the PROPERTY and the GRANTOR is released from all liability for any loss or damage to said property sustained by reason of GRANTEE's occupancy of the PROPERTY. GRANTEE accepts this EASEMENT and hereby acknowledges that GRANTEE's compliance with all applicable Federal, State and local statutes, laws, ordinances and regulations in its use of the PROPERTY, including but not limited to building codes and zoning restrictions, is a condition of this EASEMENT and GRANTEE shall comply therewith as the same presently exist and as such may be amended hereafter. GRANTEE shall provide all utilities for the PROPERTY, including but not limited to telephone, electricity, water, gas, garbage and sewage disposal. GRANTEE agrees to indemnify, hold harmless and defend GRANTOR and any and all of its agents and employees, from and in connection with, all claims, actions, judgments, liability, loss, cost, expense, court costs, attorney fees and demands of whatever nature incurred by, or presented against GRANTOR arising out of or by reason of the actions of GRANTEE, its agents, servants, employees or contractors in the exercise of its rights hereunder, including allegations that GRANTOR was passively negligent or vicariously liable. It is understood that the limitations of s. 768.28, Florida Statutes shall apply; however, should a claims bill be passed by the legislature, GRANTEE shall satisfy the same. GRANTEE agrees to take any and all remedial actions required by any governmental regulatory agency, including but not limited to environmental regulatory agencies. 4 03- 464 In addition, GRANTOR shall be named as an additional insured in every policy of insurance required of any contractor or subcontractor, which shall not be limited to the provisions of s. 768.28, Florida Statutes. GRANTEE shall maintain, utilize and conduct any activities upon the PROPERTY in a proper and safe manner at GRANTEE's sole cost and expense. This EASEMENT shall be binding upon the parties herein, their successors and assigns. All notices or other communications which shall or may be given pursuant to this EASEMENT shall be in writing and shall be delivered by personal service or by certified mail, return receipt requested, addressed to the parties hereto at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. Notice shall be effectively served by GRANTEE upon GRANTOR when addressed to GRANTOR and mailed to the CITY MANAGER at 3500 Pan American Drive, Miami, Florida, 33133, with copies sent to the City Attorney and Department of Economic Development, 444 S.W. 2 Avenue, 91h and 3rd Floor respectively, Miami, Florida, 33130. Notice shall be effectively served by the GRANTOR upon the GRANTEE when addressed to GRANTEE and mailed to GRANTEE's County Manager at 111 N.W. First Street, 291h Floor, Miami, Florida, 33128, with a copy sent to the Director of Miami - Dade Water and Sewer Department, P.O. Box 330316, Miami, Florida 33233-0316. This EASEMENT shall be construed and enforced according to the laws of the State of Florida and venue shall be in Miami -Dade County, Florida. 5 03- 464 In the event any paragraph, clause or sentence of this EASEMENT or any amendment is declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject EASEMENT and the balance of the EASEMENT shall not be affected by the deletion. No waiver of any provision shall be deemed to have been made unless such waiver is in writing and signed by GRANTOR and GRANTEE. The failure of either party to insist upon the strict performance of any of the provisions or conditions of this EASEMENT shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. GRANTOR shall provide GRANTEE with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by GRANTEE. If GRANTEE fails to cure said default within thirty (30) days of receipt of written notice of default, in addition to the absolute right of termination that GRANTOR has as provided for herein, GRANTOR shall have the right to terminate this EASEMENT by giving written notice of such termination to GRANTEE in accordance with the provisions of this EASEMENT. 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. 6 63- 464 CITY OF MIAMI, a municipal corporation of the State of Florida Un ATTEST: Priscilla A. Thompson City Clerk Joe Arriola City Manager APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello City Attorney 03- 464 Accepted and Agreed by Miami -Dade County a Political Subdivision of the State of Florida, this day of , 20 ATTEST: Harvy Ruvin, Clerk Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney MIAMI-DADE COUNTY, FLORIDA Steve Shiver County Manager 03- 464 EXHIBIT 'A -I' 1 Temporary Construction Easement ,Or S Z d A 3.34' 587.42104' P.Q.G. N.W. corner of Lot 1B Ptat Book 25, Page 72 North boundary tine of Jose Martf Park i the North tine Of the South J% of Lot 2B toss the North 20 fee' 4.14' 8.9i' �S26.32'45'E 28 P.G.B. --------- O v_ SW 2 Steet o 0 r' 0 a CU dl N Marti Park c� +'0C d � � NOTES= & i t. This is not a Survey a 1 6B , assumed , d C meridian atong the East right of ray tine J 6M r � - Line Lot 29 th Line Lot 39 G 4B 'S 5B r. IM > --------- W, v_ 0 s Jose Marti Park NOTES= & i t. This is not a Survey 2. Bearings shown hereon are based on an assumed , meridian atong the East right of ray tine of S.V. South River Drive as shown. 3. 9. 'denotes nonunent Une. 4. POB denotes POINT OF BEGWNING. 5. POC denotes POINT OF COMMENCEMENT. SKETCH TO ACCOMPANY 6. Portion of Folio Mot -4138-049-0010 LEGAL DESCRIPTION 7. RoFerences; Boundary Survey of JoSe Marti Park, City of Mani. Miami -Dade County, Ftorida By PBSLJ Job *01-1030-01 "RAMI _ DAVE and dated 12-12-01. VATER AND SEVERAWMASTUCWT Municipat Attas of the City of Miami sheet 36K revised DATE -1-16-03 SCALE Not To Scale 12-26-74. Plot OF RIVERSEDE WATERFRONTS. Plat Book 25, Page 72. E.R. page 2 of 2 03- 464 r EXFBTT A -1 - LEGAL DESCRIP'T'ION Temporary: Construction Easement A strip of land 50.00 feet wide being a portion of Lot 3B, a portion of a 15.00 foot wide easement between Lob 2B and 3B and a portion of the right of way of S.W. South River Drive all in RIVERSIDE WATERFRONTS, according to the plat thereof, as recorded in Plat Book 25 Page 72 of the Public Records of Miami Dade County, Florida, being more particularly described as follows; COMMENCE at the Northwest comer ofLot 1B of said RIVERSIDE WATERFRONTS; TFIENCE South IS" 25' 03' East along the West property line of Lots 1B and 2 B of said RIVERSIDE WATERFRONTS for 102.69 feet; T'1'IENCE South 26' 52'4S* East along the West property line of said Lot 2B for 4.14 feet to the point of intersection with the North line of the South one-half of said Lot 2B less the North 20 feet; THENCE South 87' 42' 04" West along the Westerly prolongation of said North line of the South onahalf of Lot 2B less the North 20 feet for 3.34 feet to the point of intersection with the Northerly prolongation of the East right of way line of S.W. 46 Avenue as shown on said RIVERSIDE WATERFRONTS ; 711ENCE Souti 02.16' 04" East along the said Northerly prolongation for 20.00 fat to the POINT OF BEGINNING; rAENCE continue South 02.16' 04" East for 50.00 feet; THENCE North 870 42' 04" East across the right of way of S.W. South River Drive and Lot 3B of RIVERSIDE WATERFRONTS for 142.41 feet to the point of intersection with the Westerly Mean High Wates Line of the NTiami River, THENCE North 02° 52' 59" West along said Westerly Mean High Water Line for 50.01 feet; 'THENCE South 87.42'04" West along aline 8.95 feet North of and parallel with the South line of a 15.00 foot wide easement and the North line of Lot 3B of said RIVERSIDE WATERFRONTS for 141.88 feet to the POINT OF BEGINNING. Containing 7124 square feet more of less. 63- 464 Page 1 of 2 GRANT OF EASEMENT BY CITY OF MIAMI TO MIAMI-DADE WATER AND SEWER DEPARTMENT THIS AGREEMENT, entered into this day of )2003, between THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called the "GRANTOR"), and MIAMI-DADE WATER AND SEWER DEPARTMENT, a political subdivision of the State of Florida (hereinafter called the "GRANTEE"). RECITALS GRANTOR, for and in consideration of the sum of Forty -Five Thousand Dollars ($45,000.00) and other good and valuable considerations, the receipt of which is hereby acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE, its successors and assigns, the right and privilege of a non-exclusive Easement on Jose Marti Park with full rights of ingress thereto and egress therefrom, (hereinafter called the "EASEMENT"), to construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove and inspect the water main and all appurtenances thereto (hereinafter, collectively called the "FACILITIES"), on the property of the GRANTOR (hereinafter called the "PROPERTY"), as more particularly described in Exhibit "A" which is attached hereto and made a part hereof. GRANTEE shall regulate the installation, operation, repair, replacement, removal and any other activities herein permitted with respect to the FACILITIES and all future 03- 464 operations within the PROPERTY so as not to unreasonably conflict with the normal operations of the GRANTOR. GRANTOR, for and in consideration of the sum of Forty -Five Thousand Dollars ($45,000.00), plus State Use Tax, if applicable, which shall be paid in advance and in full on the date of execution of this Easement, the receipt of which is hereby acknowledged by the GRANTOR, and has granted and does hereby grant to the GRANTEE this EASEMENT. Payment shall be made payable to "City of Miami" and shall be delivered to Department of Economic, 444 S.W. 2nd Avenue, 3rd Floor, Miami, Florida 33130. GRANTOR reserves the right to use the PROPERTY for any lawful purpose that will not prevent or interfere with the exercise by the GRANTEE of the rights granted under this EASEMENT. GRANTEE shall have full right to enter upon the PROPERTY for the purposes of normal operations, maintenance or emergency repairs of the FACILITIES. GRANTEE agrees to indemnify, hold harmless and defend GRANTOR and any and all of its agents and employees, from and in connection with, all claims, actions, judgments, liability, loss, cost, expense, court costs, attorney fees and demands of whatever nature incurred by, or presented against GRANTOR arising out of or by reason of the actions of GRANTEE, its agents, servants, employees or contractors in the exercise of its rights hereunder, including allegations that GRANTOR was passively negligent or vicariously liable. It is understood that the limitations of s. 768.28, Florida Statutes shall apply; however, should a claims bill be passed by the legislature, GRANTEE shall satisfy the same. GRANTEE agrees to take any and all remedial actions required by any 03- 464 2 governmental regulatory agency, including but not limited to environmental regulatory agencies. GRANTEE shall be responsible, at GRANTEE's sole cost and expense, for any environmental clean-up, if required by a Federal, State or local agency, which may be caused by the granting of this EASEMENT. GRANTEE shall be held responsible for any damage to adjacent property as a result of its installation of the FACILITIES within the PROPERTY and future operations therein to the extent said damage arises from the actions of GRANTEE, including any of its employees, agents, contractors of GRANTEE, subject, however, to the limitations provided in Section 768.28, Florida Statutes. GRANTEE shall notify GRANTOR of all pre -construction meetings on installation work of the FACILITIES and all future construction operations within the PROPERTY and permit attendance by GRANTOR at same. GRANTOR shall be notified within forty-eight (48) hours of the actual start of construction of the FACILITIES within the PROPERTY. Any restoration of the PROPERTY necessary as a result of damage associated with construction, maintenance, replacement, repairs or removal shall be at the GRANTEE's expense. Should GRANTEE fail to restore the PROPERTY within thirty (30) days after receipt of written notice from GRANTOR directing the required restoration, GRANTOR shall cause the PROPERTY to be restored on behalf of GRANTEE, and GRANTEE shall pay GRANTOR the full cost of such restoration within thirty (30) days of receipt of an invoice from GRANTOR indicating the cost of such required restoration. 3 03- 464 GRANTEE shall exercise the rights granted herein in such a manner as not to cause any damage or destruction of any nature to or interruption of the use of the adjoining lands owned by GRANTOR. GRANTEE shall pay for and obtain the necessary and applicable permits in compliance with all Federal, State and local statutes, laws, rules and regulations in connection with its use of the PROPERTY. GRANTOR assumes no responsibility for any property of the GRANTEE, its agents, servants, employees or contractors brought on or about the PROPERTY and the GRANTOR is released from all liability for any loss or damage to said property sustained by reason of GRANTEE's occupancy of the PROPERTY. GRANTEE accepts this EASEMENT and hereby acknowledges that GRANTEE's compliance with all applicable Federal, State and local statutes, laws, ordinances and regulations in its use of the PROPERTY, including but not limited to building codes and zoning restrictions, is a condition of this EASEMENT and GRANTEE shall comply therewith as the same presently exist and as such may be amended hereafter. GRANTEE shall not encroach beyond the boundaries of the PROPERTY during the course of construction or installation of the FACILITIES and future operations within the PROPERTY. Should GRANTEE fail to remove an encroachment within thirty (30) days after receipt of written notice from GRANTOR directing the required removal of encroachment, GRANTOR shall cause the encroachment to be removed on behalf of GRANTEE; and GRANTEE shall pay GRANTOR the full cost of such removal within 4 03-- 464 thirty (30) days of receipt of an invoice from GRANTOR indicating the cost of such required removal. Should GRANTEE at any time abandon the use of the PROPERTY or any part of it, or fail at any time to use it for the purpose specified herein, the right given shall cease to the extent of the use so abandoned or discontinued, and GRANTOR shall at once have the right, in addition to but not in derogation of the rights reserved, to resume the exclusive possession of the PROPERTY or the part whose use is discontinued or abandoned. All notices or other communications which shall or may be given pursuant to this EASEMENT shall be in writing and shall be delivered by personal service or by certified mail addressed to the parties hereto at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by certified mail on the date of actual receipt. Notice shall be effectively served by GRANTEE upon GRANTOR when addressed to GRANTOR and mailed to the CITY MANAGER at 3500 Pan American Drive, Miami, Florida, 33133, with copies sent to the City Attorney and Department of Economic Development, 444 S.W. 2 Avenue, 9th and 3rd Floor respectively, Miami, Florida, 33130. Notice shall be effectively served by the GRANTOR upon the GRANTEE when addressed to GRANTEE and mailed to GRANTEE's Miami -Dade Water and Sewer Department Manager at 111 N.W. First Street, 291h Floor, Miami, Florida, 33128, with a copy sent to the Director of Miami -Dade Water and Sewer Department, P.O. Box 330316, Miami, Florida 33233-0316. 5 03- 464 This EASEMENT shall be construed and enforced according to the laws of the State of Florida and venue shall be in Miami -Dade County, Florida. This EASEMENT shall be binding upon the parties herein, their successors and assigns. In the event any paragraph, clause or sentence of this EASEMENT or any amendment is declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject EASEMENT and the balance of the EASEMENT shall not be affected by the deletion. No waiver of any provision shall be deemed to have been made unless such waiver is in writing and signed by GRANTOR and GRANTEE. The failure of either party to insist upon the strict performance of any of the provisions or conditions of this EASEMENT shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. 6 03- 464 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. CITY OF MIAMI, a municipal corporation of the State of Florida am ATTEST: Priscilla A. Thompson City Clerk Joe Arriola City Manager APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello City Attorney 7 03- 464 Accepted and Agreed by Miami -Dade County a Political Subdivision of the State of Florida, this day of , 20 ATTEST: Harvy Ruvin, Clerk Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney MIAMI-DADE COUNTY, FLORIDA Steve Shiver County Manager 03- 464 9 . 1 4.14' q S26'52'45'E' P.O.B. , 0 3.34' •3 y Mo N87-42 04-E NA Z141.88__ •d DETAIL 'A' NOT TO SCALE a —tom ------- EXHIBIT 'A' p,Q.C, N.V. corner of Lot - :B Plat Book 25, Page 72 SW r- Steet c I tj ¢, C 1 H1 4, i'i d °a .59' a 6- 1 I CL North boundary tine of Jose Marti Park As the North Une of the South J% of Lot 2B tess the North 20 fee P13.11. 2B 1C So. 15.00' City Easement Orth 3B 4B Q 01 5 B �. 1M 0 Jose Marti Park NOTES= 1. This is not a Survey 2. Bearings shown hereon are based on an assumed meridian along the East right of way tine of S.W. South River Drive as shown. 3. It demo :es monument Line 4. PQB denotes POINT OF BEGINNING. 5. POC denotes POINT OF COMMENCEMENT. 6. Portion of FoLio x01-4138-049-0010 7. References; Boundory Survey of Jose Marti Park, City of Mani. Muni -Bode County, Ftorida By PdS&J Job 101-1030.01 and dated 12 -12 -OL Municipat Attas of the City of Miami sheet 36K revised 12-26-74. Ptat of RIVERSIDE WATERFRONTS. Plat Book 25, Page 72. 0 SKETCH TO ACCOMPANY LEGAL DESCRIPTION MIAMI - DADE WATER AND SEVER DEPARTMENT DATE= 1-3-03 SCALE= Not To Scale E.R. Page 2 of 2 03- 464 S 14'09'50'E L4 4.21' S86'15'41'W .59' S02'52'59'E 141.88' 15.66' " DETAIL NOT TO SCALE Line Lot 2B e Lot 38 to 4B Q 01 5 B �. 1M 0 Jose Marti Park NOTES= 1. This is not a Survey 2. Bearings shown hereon are based on an assumed meridian along the East right of way tine of S.W. South River Drive as shown. 3. It demo :es monument Line 4. PQB denotes POINT OF BEGINNING. 5. POC denotes POINT OF COMMENCEMENT. 6. Portion of FoLio x01-4138-049-0010 7. References; Boundory Survey of Jose Marti Park, City of Mani. Muni -Bode County, Ftorida By PdS&J Job 101-1030.01 and dated 12 -12 -OL Municipat Attas of the City of Miami sheet 36K revised 12-26-74. Ptat of RIVERSIDE WATERFRONTS. Plat Book 25, Page 72. 0 SKETCH TO ACCOMPANY LEGAL DESCRIPTION MIAMI - DADE WATER AND SEVER DEPARTMENT DATE= 1-3-03 SCALE= Not To Scale E.R. Page 2 of 2 03- 464 11: LEGAL DESCRIPTION A strip of land 20.00 feet wide being a portion of Lot 2B, a portion of a I S.00 foot wide easement between Lots 2B and 3B and a portion of the right of way of S.W. South River Drive all in RIVERSIDE WATERFRONTS, according to the plat thereof, as recorded in Plat Book 25 Page 72 of the public Records of Miami Dade County, Florida, being more particularly described as follows; COMNUNCE at the Northwest corner of Lot 1B of said RIVERSIDE WATERFRONTS; THENCE South 15' 25' 03" East along the West property line of Lots IB and 2 B of said RIVERSIDE WATERFRONTS for 102.69 feet; THENCE South 26.52' 45" East along the West property line of said Lot 2B for 4.11 fed to the point of intersection with the North line of the South one-half of said Lot 2B las the North 20 feet and the POINT OF BEG]NNIlNG, nj NCE North 87' 42' 04" East along said North line of the South one-half of Lot 2B less the North 20 feet foi 146.09 fed to the point of intersection with the Westerly Meas High Water Line of the Miami River, THENCE run along the said Westerly Mean High Water Line of the 11TaW River for the following three courses; South 14' 09'50P* East for, 4.21 feet; 7MNCE South 86' 15' 41" West for 8.59 feet; MENNCE South 02° 52' 59" East for 15.66 feet; THENCE South 87.42' 04" West along a line 6.05 feet South of and parallel with the North line of a 15.01 foot wide easement and the South line of Lot 2B of said RIVERSIDE WATERFRONTS for 141.88 feet to the point of intersection with the Northerly pralongation of the East right of way line of S.W. 47h Avenue as shown on said RIVERSIDE WATERFRONTS; THENCE North 02' 16' 04" West along said Northerly prolongation for 20.00 feet to the point of intersection with the Westerly prolongation of the North line of the Southone-half of said Lot ZB less the North 20 feet; THENCE North 87' 42' 04" East, along said Westerly prolongation for 3.34 feet to the POINT OF BEGINNING. Containing 2870 square feet more of less. 1. 03- 464 Page 1 of . CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: T Honorabl ayor d Mem s f t City C mmi sion CIR c FROM: J e Arriola s ie Administrator/City Manager RECOMMENDATION: DATE : APR 2 4 2003 FILE: SUBJECT: Resolution Granting Easements to Miami -Dade County for Watermain within Jose Marti Park REFERENCES: ENCLOSUREUrant of Easement and Resolution It is respectfully recommended that the City Commission adopt the attached Resolution approving the grant of temporary construction easement for the period beginning with the date of execution and continuing until completion of the project but not to exceed one year, and a grant of a perpetual easement to Miami -Dade Water and Sewer Department for construction, installation and maintenance of a new water main and appurtenances under and through the City of Miami Jose Marti Park property located at 351 S.W. 4 Street, Miami, Florida. The resolution further authorizes the City Manager to execute said Grant of Temporary Construction Easement and Grant of Easement on behalf of the City of Miami. BACKGROUND: Due to the upcoming dredging of the Miami River by the U.S. Army Corps of Engineers, the Miami -Dade Water and Sewer Department ("MDWSD") must relocate an existing 20 -inch water transmission main on the south side of the river between S.W. 2 Street and S.W. 4 Street. Numerous existing structures encroach on the County's current easement and these encroachments pose a serious conflict and inconvenience to the contractor's activities and threaten the successful and timely installation of the new water main. The construction of the water main in its current location will negatively affect the operation of adjacent businesses. Since the dredging project commencement is rapidly approaching, time is of the essence. Therefore, the best alternative for MDWSD from an economic and ease of installation standpoint is to perform the relocation work in an unoccupied open area within Jose Marti Park. The MDWSD has requested the City to grant a permanent 20 -foot wide easement along the northernmost property line for the installation of the new water main and has also requested the City to grant a temporary 50 -foot wide easement adjacent to the permanent easement within Jose Marti Park, beginning with the date of execution and continuing until completion of the project, but not to exceed one-year. MDWSD has agreed to pay Forty -Five Thousand Dollars ($45,00 *00't 00) ' order to cover the costs of the greenway/riverwalk connector improvements. JA. 9: 0 : br: mMD W SDEasements 03- 464 TO: Priscilla A. Thompson City Clerk FROM Keith Carswell, Department of l CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: April 8, 2003 FILE: SUBJECT: Granting of Easements to Miami -Dade Water and Sewer Department for Water main REFERENCES: within Jose Marti Park ENCLOSURES: Enclosed you will find an ad for notice of a public hearing to be held by the City Commission on May 8t', 2003 for the purpose of granting a temporary construction easement for the period beginning with the date of execution and continuing until completion of the project but not to exceed one year, and a grant of easement to Miami - Dade Water and Sewer Department for construction, installation and maintenance of a new water main and appurtenances under and through the City of Miami Jose Marti Park property located at 351 S.W. 4 Street, Miami, Florida. Please place the ad in accordance with public hearing requirements of the City Commission. Thank you for your assistance in this matter. Enclm Ve KC r/City Clerk MDWASDEasements.doc Apprq Elvi Gallastegui-Alonso, Agenda Coordinator 03 464 CITY OF MIAMI NOTICE OF PUBLIC HEARING A public hearing will be held by the City Commission of the City of Miami, Florida on May 8, 2003, at 9:00 a.m., at City Hall, located at 3500 Pan American Drive, Miami, Florida, for the purpose of granting a temporary construction easement for the period beginning with the date of execution and continuing until completion of the project but not to exceed one year, and a grant of easement to Miami -Dade Water and Sewer Department for construction, installation and maintenance of a new water main and appurtenances on approximately 2,870 square feet of land under and through the City of Miami Jose Marti Park property located at 351 S.W. 4 Street, Miami, Florida. 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) (11032) Priscilla A. Thompson City Clerk ©3- 464 !{?Y 05 2000 6:16PM tee • Gmate ok9 Mr. Jeb Bush Designee: Dr. Pamclla Chair of Miani�Dadt Senator Kendrick Meal Designee: Ms. Debts d Chair of Governing B South Florida Water District Ms. Trudi K. Williams. Designee: Mr. Gcmt& Nlrami-Dade State Attt Ms, Katherine Pernandk Designee: Mr. Gary Wit Mayor of Miami -Dade Mayor Alex Penelas Designee: Ms. Sandy 0 Mayor of Miami Mayor Manuel A. Diaz Designee: Mr. Javier St City of Miami Cont Commissioner Joe Sa Designee: Ms. Eileen Miami -Dade County Comminioner Commissioner Bruno 0 Designee: Mr. Alfredo 1 Chair of Miami River Group Mr. Jun Brown Designee: Mr. Richard Chair of Marine Cauvx Mr. Phil Evexingham Designee: Mr. James Wb Executive Director of P Development Authority Ms. Patti Allen Designee: Mr. Alonso Ito Chair of Greater Mialtt or commerce Mr. William O. Cullom Designee: Iris. Megan )Ki Neighborhood Represln Appointed by City of DN Commission Dr. Ernest Martin Designee: Mr. Michael C Neighborhood Represii Appointed by Miami -N, Commission Ms. Sallye Jude Designee: Ms. Jane Capc Representative from Emdronmental or Ch* Organization Appointed Governor Ms. Janet McAliley Designee: Ms, Theo Lang Member at Large Appoit the Governor Mr. Robert Parks Member at Large Al Miami -Dade Comm Ms. Sara Babun Designee: Mr. Tom P Member at Large A] City of Miami Corru Mr. Cleve Jones. Jr. Designee: Captain Be Managing Director Captain David Miller of by by by MIAMI RIVER COMMISSION 305 361 4755 P-2 w Miami River Commission clo Roseestiel School 4600 Rickenbacker Catmway Miami, Florida 33149 Unice: (305) 361-4850 Fax: (305) 361-4755 email: mn:@rsmas,miami.edu May 7, 2003 Honorable City Commissioners City Hall 3500 Pan American Drive Miami, FL IaI33 —_ Recommendation for Approval of May 8, 2003 City Commission Agenda Items CA -6, CA -23,14 & 36 Dear Commissioner: This letter serves as the Miami River Commission's (MRC) "official statement" to the City Commission, requested in City Resolution 00- 320, regarding May 8, 2003 City Commission agenda items CA -6, CA -23, 14 & 36, which impact the Miami River corridor. The MRC respectfully recommends approval of the following items: a CA -6 — Approving track renovation improvements in riverfront Curtis Park. ■ CA -23 — Authorizing the City Manager to execute an addendum to the Memorandum of Agreement with the Florida Department of Transportation, to provide improvements to the riverfront Jose Marti Park, including an extension of the riverwalk. ■ 14 — Granting a temporary construction easement to Miami -Dade County for construction and installation of a new water main under the City of Miami's Jose Marti Park. Completion of the aforementioned water main relocation project is required prior to dredging the Miami River at this location. ■ 36 — Approval of the funding agreement for construction of the Riverwalk at One Miami. Respectfully, R1Robert L. Parks, E q. Chair, Miami River Commission Cc. Honorable Mayor Manuel A. Diaz City Administrator Joe Arriola City Clerk Priscilla Thompson City Attomey Alex Vilarello Submitted Into the public record in conne .r0c)t with -,» S'6 iters, _ _0-3 - 03- 464 MA,Y 05 2000 6:16PM MIAMI RIVER COMMISSION 305 361 4755 P.1 I I , .MIAMI RIVER COMMISSION C/O ROSENSTIEL SCHOOL OF MARINE & ATMOSPHERIC SCIENCE 4600 RICKENBACKER CAUSEWAY MIAMI, FL 33149-1098 TEL:(305)361-4850 FAX:(305)361-4755 WWW.MIAMIRIVERCOMMISSION.ORG FACSIMILE TRANSMITTAL SHEET TO. I FROM: Hon be City Commission, Mayor, Bretz Bibeau, Assistant Director A srator, Clerk and Attorney CO DATE: f Miami MAY 7, 2003 FAX: TOTAL NO. OF PAGES INCLUDING COVER: 85 1' 250 5456, 2505386, 5793334, 2 856 0, 2505399, 2505410, 4161801, 858j ; 0 PHO_ HER SENDER'S REFERENCE NUMBER: RE: i YOUR REFERENCE NUMBER: id losed MRC Recommendation Approval of 5/8/03 City qssi fion Agenda Items CA -6, ill -13,• 14 & 36 ifti �m3t�' :til &i; :3 wc P ,J record iri czi ec( .", . vi th item Priscilla A. TIrl pson City Clerk 03- 464 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of P.O. 11032 CITY OF MIAMI - PUBLIC HEARING 5/8/2003 RES. MIAMI-DADE WATER & SEWER DEPT. in the XXXX Court, was published in said newspaper in the issues of 04/28/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, reb , com or refund for the purpose of securing this dv ent for publication in the said newspaper. Sw bscribed befor day PRIL D. 2003 (SEAL) 1;pY _ MARIA I. hIESA .= MY COMMISSION # CC 885640 O.V. FERBEYRE per I nQwn t1�iES: March 4, 2004 a; od r` 0 Bonded Thru Notary Public Underwriters public hearlrg WM be held by the CW Cin' of dne City of Miami, Florida on M�ry S�,�, 2�003, et k V, at Cfty. Hal W at 3500 Pan Arti rr 1?iriYis. waft PIdMdm�rpoaa cf � lace a irXnporary construcfiorn easement for ther(nirp wfM the date of executlon and continuing until corrpleillitm 0A u"rPrujAdt W—W—I f►ito anmov a year, and a grunt of easement to Miarni-Dodiment )Vater and Sewer Departfor constniolon;: inettdNuon aid 4 alt Aiiiice '0t: a,, diw waW n*h arnd pp , aurtenances on approximately 2,870 square feet of land under and thmuQ4 Alf ,iocats NNW Jose f�latl�pnppeEgnd# 351.". 4 Street, , Fbrida. AN ir"wiled persons are invNed lo appear and may be heaonoeeilhg d o' these iarrr any person dle -. decision Of the City plb cornrnfaf�n��fo' arty^7i �'tfnft�b;aae 'f� inchrdirg dtIrnpjlyt pytdMala upolt �rYhlef► e�rappeeCnatf �e,1 based. L: A, Ttwxrpaon I (11032) 4/20 0344&358322M