HomeMy WebLinkAboutR-02-0573J-02-488
5/15/02
RESOLUTION NO. 02— 57 3
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT, APPROVING THE GRANT OF A
NON-EXCLUSIVE EASEMENT TO APPROXIMATELY
14,641 SQUARE FEET OF LAND AND AIR RIGHTS ON
THE CITY'S PROPERTY LOCATED AT 1802
NORTHWEST 37TH AVENUE, MIAMI, FLORIDA (a/k/a
MELREESE GOLF COURSE), TO THE STATE OF
FLORIDA, DEPARTMENT OF TRANSPORTATION (FDOT)
FOR ITS USE AS A PART OF HIGHWAY
IMPROVEMENTS FOR THE CONSTRUCTION OF THE
MIAMI INTER -MODAL CENTER; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A
GRANT OF EASEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, SUBJECT TO OBTAINING A
JOINDER TO THE EASEMENT FROM THE MELREESE
GOLF COURSE OPERATOR AND FDOT PROVIDING
CITY/OPERATOR REQUIRED ADDITIONAL
IMPROVEMENTS TO SAFEGUARD THE OPERATION OF
MELREESE GOLF COURSE.
WHEREAS, the State of Florida, Department of Transportation
has requested an easement on City property located at 1802
Northwest 37th Avenue, Miami, Florida (a/k/a Melreese Golf
Course) that will be used in connection with the construction of
the Miami Inter -modal Center, with full right of ingress and
egress; and
C
CITY COMM gSION
MEETImC bF
MAY � 3 2002
s��Q
V �3
WHEREAS, the easement is necessary in order to complete the
design and construction of certain highway improvements, which
are part of the development of the Miami Inter -modal Center, and
shall provide relief to the general public and City of Miami
residents in transportation including road improvements and
landscaping of roads;
WHEREAS, the City Commission desires to grant the aforesaid
easement to FDOT and to authorize the City Manager to execute an
Easement in substantially the attached form, subject to
obtaining a joinder to the easement from the Melreese Golf
Course operator and FDOT providing City/Operator required
additional improvements to safeguard the operation of the golf
course;
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.
Page 2 of 4 0 0 _. 57 3
Section 2. The City Commission authorizes the
conveyance of a non-exclusive easement to approximately 14,641
square feet of land and air rights on the City's
property located at 1802 Northwest 37th Avenue, Miami, Florida
(a/k/a Melreese Golf Course), to the State of Florida,
Department of Transportation (FDOT) for its use as a part of
highway improvements for the construction of the Miami Inter-
modal Center, as more particularly described in attached Exhibit
"A," subject to obtaining a joinder to the easement from the
Melreese Golf Course Operator and FDOT providing City/Operator
required additional improvements to safeguard the operation of
the golf course.
Section 3. The City Manager is authorized!/ to execute
an Easement, in substantially the attached form, on a portion of
Melreese Golf Course, as legally described in the Easement,
subject to obtaining a joinder to the easement from the Melreese
Golf Course Operator and FDOT providing City/Operator required
additional improvements to safeguard the operation of the golf
course.
�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 Code and Charter
provisions.
Page 3 of 4 0 573
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor�!'.
PASSED AND ADOPTED this 23rd
ATTEST:
P.41 * - �z - 07-Vk
"U 'i�) d C -:i
PRISCILLA A. THOMPSON
CITY CLERK
day of May 2002.
MAN L A. DIAZ, MAYOR
APPROV FOR D CORRECTNESSti
DRO VILARELLO
ITY ATTORNEY
W6365YMT
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 4 of 4 0 2
THIS INSTRUMENT PREPARED BY
CITY OF MIAMI CITY ATTORNEY'S OFFICE
MIAMI RIVERSIDE CENTER SUITE 945
444 S.W. 2ND AVENUE
MIAMI, FLORIDA 33130-1910
(Form DR 219)
Above This Line For Recording
EASEMENT
This Quit Claim Deed, made the day of , 2002 between the CITY
OF MIAMI, a municipal corporation of the State of Florida, of 444 S.W. 2nd Avenue, Miami,
Florida 33130, called "Grantor" and the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, its successors and assigns, hereinafter called "Grantee".
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged,
does hereby hereby grants unto the grantee, its successors and assigns, a perpetual easement for
the purpose of constructing and maintaining highway improvement, in, over, under, upon and
through the following described land in Miami -Dade County, Florida, to -wit:
Parcel 800
F.P.No.2502341
A portion of the City of Miami Park No. 214, lying in the Northeast one-quarter (N.E. 1/4) of
Section 32, Township 53 South, Range 41 East, and in the Southeast one-quarter (S.E. 1/4) of
Section 29, Township 53 South, Range 41 East and being more particularly described as follows:
COMMENCE at the Northwest corner of the Northeast one-quarter (N.E. 1/4) of Section 32,
Township 53 South, Range 41 East; thence run North 87°24'21" East along the South line of said
Section 29 a distance of 50.01 feet to the East right-of-way line of N.W. 42nd Avenue (LeJeune
Road); thence run South 00°54'03" East along said East right-of-way line a distance of 22.62 feet
to the POINT OF BEGINNING of the parcel of land hereinafter to be described; thence run
South 58°58'27" East, radially to the next described curve, a distance of 46.49 feet to the
beginning of a non -tangent circular curve, concave to the Southeast, and having a radius of
369.72 feet; thence, from a tangent bearing of South 31001'33" West, run Southwesterly, along
said curve to the left, through a central angle of 14045'30", for an arc length of 95.23 feet to the
East line of said N.W. 42nd Avenue (LeJeune Road); thence run North 00054'03" West along
said East line a distance of 110.97 feet to the POINT OF BEGINNING.
Containing an area of 1,995 square feet.
02— 573
COMMENCE at the Southwest corner of the Southeast one-quarter (S.E. '/4) of Section 29,
Township 53 South, Range 41 East; thence run North 87°24'21" East along the South line of said
Section 29 a distance of 113.88 feet to the POINT OF BEGINNING of the parcel of land
hereinafter to be described; thence run North 57 ❑ 06 ❑ 16" East a distance of 15.75 feet; thence, at
right angles, run the following four courses;
South 32°53'44" East for 30.00 feet;
South 57006'16" West for 30.00 feet;
North 32°53'44" West for 30.00 feet;
and North 57006'16" East for a distance of 14.25 feet to the POINT OF BEGINNING.
Containing an area of 900 square feet, more or less.
AND EXCLUSIVE AIR RIGHTS
All that airspace which lies above Elevation 10.35 feet as established by the United States Coast
and Geodetic Surveys at 1929, and commonly referred to as U.S.C. & G.S. (1929) Mean Sea
Level Datum, and which is encompassed within the following horizontal limits.
COMMENCE at the Southwest corner of the Southeast one-quarter (S.E. %4) of Section 29,
Township 53 South, Range 41 East; thence run North 87°24'21" East along the South line of said
Section 29 a distance of 50.01 feet to the East right-of-way line of N.W. 42nd Avenue (LeJeune
Road) and the POINT OF BEGINNING of the parcel of land hereinafter to be described; thence
run North 01'42'46" West along said East right-of-way line a distance of 15.56 feet to the center
of Tamiami Canal No. C-4 as described in Warranty Deed to Dade County, as recorded in Deed
Book 4242, at Page 405 of the Public Records of Miami -Dade County; thence run along the
center of said canal Notch 79°47'06" East a distance of 228.81 feet; thence run South 57004'09"
West a distance of 266.08 feet to said East line of N.W. 42nd Avenue; thence run North
00°54'03" West along said East line a distance of 88.52 feet to the North line of the Northeast
one-quarter (N.E. 1/4) of Section 32, Township 53 South, Range 41 East and the POINT OF
BEGINNING.
Containing an area of 11,746 square feet, more or less.
TO HAVE AND TO HOLD, the same unto said grantee, its successors and assigns forever.
2
02- 573
IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed the day
and year first above written.
ATTEST:
PERCILLA A. THOMPSON
CITY CLERK
CITY OF MIAMI, A Municipal
Corporation of the State of Florida
CARLOS A. GIMENEZ
CITY MANAGER
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO,
CITY ATTORNEY
STATE OF FLORIDA )
) SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of
, 2002 by Carlos A. Gimenez as City Manager of CITY OF MIAMI, a
municipal corporation of the State of Florida, who is personally known to me or who has
produced as identification and who did/did not take an oath.
Printed Name:
Notary Public
My Commission Expires:
Note: The foregoing conveyance was approved by Resolution No. 02- of the City
Commission of the City of Miami, Miami -Dade County, Florida, passed and adopted on
2002. A copy of Resolution No. 02- is attached as Exhibit "I".
Ymt2002forms:easement FDOT.doc
Draft dated 5-14-02
3
0- 573
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
RECOMMENDATION:
MAY 15 2002
DATE: FILE:
Resolution Granting an Easement
SUBJECT: to State of Florida Department of
Transportation for a portion of
REFERENCES: Melreese Golf Course.
ENCLOSURES:
The administration recommends that the Miami City Commission adopt the attached Resolution
granting a non-exclusive Easement to approximately 14,641 square feet of land and air rights on
the City's property located at 1802 Northwest 37th Avenue, Miami, Florida (a/k/a Melreese Golf
Course), to the State of Florida Department of Transportation (FDOT)), for its use as a part of
highway improvements for the construction of the Miami Inter -modal Center (M.I.C.); further
authorizing the City Manager to execute a grant of Easement, in substantially the attached form,
subject to obtaining a joinder to the Easement from the Melreese Golf Course operator and
FDOT providing City/Operator required additional improvements to safeguard the operation of
Melreese Golf Course.
BACKGROUND:
FDOT is in the process of designing and constructing the M.I.C. In order to complete this project,
FDOT has requested the City of Miami to grant an Easement on a portion of Melreese Golf
Course in connection with the construction of the M.I.C. This Easement shall be used to build
highway improvements and shall be maintained by FDOT in connection with the use of public
transportation of State Road No. 953, with full right of ingress thereto and egress therefrom.
The City of Miami greatly benefits from the construction of this highway improvement because it
will alleviate some of the traffic congestion to City residents, and to the Melreese Golf Course
with additional road improvements and landscaping.
FISCAL IMPACT:
There is no fiscal impact to the City of Miami.
CAG*�pk m FDOT
02- 573
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Pricilla A. Thompson DATE : May 9, 2002 FILE:
City Clerk
SUBJECT: Florida Department of
Transportation (FDOT)
Easement for Melreese Golf
FROM: C� REFERENCES: Course
r
L a Bierry, irector
Office of Asse anagement ENCLOSURES:
Enclosed you will find an ad for notice of a public hearing to be held by the City
Commission on May 23, 2002 for the purpose of granting an easement to FDOT. This
easement allows FDOT to commence construction of the Inter -modal Center on a portion
of Melreese Golf Course, which is City -owned property.
Please place the ad in accordance with public hearing requirements of the City
Commission.
Thank you for your assistance in this matter.
a
ved:allastegui-Alonso, Agenda Coordinator
Enclosure
LB/PK/City Clerk FDOT Easement Public Notice 05-08-02.doc
02-
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CITY OF MIAMI, FLORIDA -
NOTICE OF PUBLIC HEARING
A public hearing will be held by the City Commission of the City of Miami, Florida on
May 23, 2002 at 9:30 AM in the City of Miami Commission Chambers at City Hall, 3500
Pan American Drive, Miami, Florida, for the purpose of granting an easement to the State
of Florida Department of Transportation to construct the Miami Inter -modal Center
(MIC) using a portion of Melreese Golf Course, located at approximately 1807 NW 371'
Avenue, Miami, Florida (the "Property"); and authorizing the City Manager to execute
Easement ("Easement") granting to FDOT for air and land rights, to permit FDOT to
make certain road and landscaping improvements, including maintenance of the
improvements and the Property.
All interested persons are invited to appear and may be heard concerning the proposed
easement. 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 which any
appeal may be based.
(City Seal)
Ad #
Priscilla A. Thompson
City Clerk
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