HomeMy WebLinkAboutR-00-0016J-00-12
12/31/99
RESOLUTION NO. 0 Q )
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), APPROVING A GRANT OF
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
TO MIAMI-DADE COUNTY FOR CONSTRUCTION,
INSTALLATION AND MAINTENANCE OF A NEW STORM
DRAINAGE SYSTEM AND APPURTENANCES UNDER AND
THROUGH THE CITY OF MIAMI FERN ISLE PARK
PROPERTY LOCATED AT 1100 NORTHWEST 22ND
AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID GRANT OF
EASEMENT ON BEHALF OF THE CITY.
WHEREAS, at several locations within the City of Miami
("City"), stormwater drainage from streets and private property
flows directly into the, Miami River; and
WHEREAS, the Miami Dade County Department of Environmental
Resources Management has identified Drainage Basin 21, located at
Northwest 22nd Avenue between the Miami River and West Flagler
Street, as one area within the City where stormwater drainage
flowing directly into the Miami River contains pollutants that.,
harm the quality of the water in the river; and
WHEREAS, Miami Dade County has agreed to construct, install
and maintain a new storm drainage system for Drainage Basin 21,
at no cost to the City, that will help clean the stormwater of
pollutants before discharging into the Miami River; and
ATTC 7 (511
NTMI E 0 1
CITY COMMISSION
MEETING OF
JAN 9 3 2000
Resolution No.
00 -,(6
WHEREAS, in order to install the underground pump station
and piping system, the County will require an easement within the
City's Fern Isle Park along the south property line adjacent to
the East-West Expressway, as shown and described on the attached
Exhibit "A"; and
WHEREAS, the easement for installation of the new drainage
system has been discussed and approved by representatives from
the Departments of Parks and Recreation and Asset Management as
the City's contribution to this project; and
WHEREAS, it is now in order for the City Commission to
approve the granting of the aforesaid easement to Miami Dade
County and authorize the City Manager to execute said Grant of
Easement;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Grant of Easement to Miami Dade County
for construction, installation, and maintenance of a new storm
drainage system and appurtenances under and through the City of
Miami Fern Isle Park Property located at 1100 Northwest 22nd
Avenue, Miami, Florida, is hereby approved.
Page 2 of 3
Section 3. The City Manager is hereby authorized" to
execute said Grant of Easement, in substantially the attached
form, on behalf of the City of Miami.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this 13thday of ' January , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate epprovd rpt
this legislation by signing it in the designated place provided, said legislation :d'�►
becomes effective with the elapse of ten day rom the of omm'r 'Ll -F .'on
regarding same, without the Mayor a rcisin et
ATTEST:
Walt oeman, City Clerk
WALTER J. EOEMAN
CITY CLEJeV
a WAN URIm M
XIAVANDRO VILARELLO
TY ATTORNEY
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TNESS:0-.1
�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.
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
0- '016
TWP: 53
RGE. -4 1
w SEC. 34
N.W. 11th MRESF
LINE TABLE
LINE LENGTH BEARING
Ll 35.436 S40'48'46'W
L2 27.72 Nl'27110'W
L3 49.69± Nl'41'47'W
DETAIL SKETCH
(NOT TO SCALE)
EASEMENT REQUESTED FROM CITY OF MIAMI
SHEET 3
PSEASEM_1321—S03.DWG-3o19
�- G�6
iEli
I
WAI
Ll
11
Raw—
TWP: 53
RGE. -4 1
w SEC. 34
N.W. 11th MRESF
LINE TABLE
LINE LENGTH BEARING
Ll 35.436 S40'48'46'W
L2 27.72 Nl'27110'W
L3 49.69± Nl'41'47'W
DETAIL SKETCH
(NOT TO SCALE)
EASEMENT REQUESTED FROM CITY OF MIAMI
SHEET 3
PSEASEM_1321—S03.DWG-3o19
�- G�6
EXHIBIT "A"
EASEMENT REQUESTED FROM THE CITY OF MIAMI
A fifteen -foot strip of land located 15 feet parallel to Northeasterly and Easterly off
the following line, said line being coincident with the Southwesterly and Westerly
line of Tract A as shown in "Fern Isle South Fork Park" (103-79).
Commence at the S.E. corner of the N.E. 1/4 of the S.W. 1/4 of Section 34, Township
53 South, Range 41 East,'thence run S 400-48'-46'' W for a distance of 35.436 feet to
a point, thence run S 870-50'-52" W for a distance of 322.478 feet to a point, thence
run N 750-44'-42" W for a distance of 127.32 to a point, thence run N 10-27'-10,, W for
a distance of 27.72 feet to a point, thence run N 640-32'-51" W for a distance of
220.63 feet to a "Point of Beginning", thence run N 660-40'-09" W, (N 660-40'-13" W
by plat) for 110.13 feet to a point, thence run N 630-49'-30" W for a distance of
289.99 feet to a point, thence run N 700-04'-27" W for a distance of 354.91 feet to a
point, thence run N 10-41'-47" W for 49.69 feet ± to a Point of insertion with the
Southerly bank of the South Fork of the Miami River.
less,
A triangular strip of land being more particularly described as follows:
Commence at the S.E. Corner of the N.E. 1/4 of the S.W. 1/4 of Section 34, Township
53 South, Range 41 East, thence run S 400-48'-46" W for a distance of 35.436 feet to
a point, thence run S 870-50'-52" W for a distance of 322.478 feet to a point, thence
run N 750-44'-42" W for a distance of 127.32 to a point, thence run N 10-27,10" W for
a distance of 27.72 feet to a point, thence run N 640-32'-51" W for a distance of
220.63 feet to a "Point of Beginning", thence run N 23°-19'-51" E for a distance of 15
feet, thence run N 660-40'-09"W for a distance of 6.92 feet, thence run S 10-26-10" E
for a distance of 16.52 feet to the "Point of Beginning". The bearings and distances
shown in this legal are based on the Plat of "Fern Isle South Fork Park, Tract "A"
(103-79).
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GRANT OF EASEMENT BY
CITY OF MIAMI
TO
MIAMI-DADE COUNTY
THIS AGREEMENT, made this day of , between the CITY OF
MIAMI, a municipal corporation of the State of Florida, (hereinafter called the
"GRANTOR"), and MIAMI-DADE COUNTY, 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 an easement on
FERN ISLE SOUTH FORK PARK with full right 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 storm water
drainage system 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 of the FACILITIES and all future
operations within the PROPERTY so as not to unreasonably conflict with the normal
operations of the GRANTOR.
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.
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i
GRANTEE shall have full right to enter upon the PROPERTY when normal
operations or emergency repairs of the FACILITIES are required. Emergency repairs
shall be conducted in an expeditious manner.
GRANTEE agrees to indemnify, hold harmless and defend GRANTOR and any
and all of its agents and employees, from and in connection with, all suits, claims,
judgments, and all loss, damage, costs or charges of any kind whatsoever GRANTOR
may suffer, sustain, or in any way be subject to, on account of GRANTEE's
negligence, including any of its employees, agents, contractors or Board of
County Commissioners, in the installation, maintenance, repair and use of the
FACILITIES within the PROPERTY, subject; however, to the limitations provided in
Section 768.287, Florida Statutes.
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 negligence of
GRANTEE, including any of its employees, agents, contractors or Board of County
Commissioners, 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 within the PROPERTY and permit attendance by
GRANTOR at same.
GRANTOR shall be notified well in advance of the actual start of construction
of the FACILITIES within the PROPERTY. Construction and restoration of the
PROPERTY to the same condition or better than it was prior to GRANTEE's
construction of the FACILITIES thereupon, 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
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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.
GRANTEE shall not unreasonably 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 thirty (30) days of receipt o an
invoice from GRANTOR indicating the cost of such required removal.
GRANTOR does hereby fully warrant that it has good title to the PROPERTY
and that it has full power and authority to grant the EASEMENT.
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 qualification 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 fifth day after being posted or the date of actual receipt,
whichever is earlier. Notice shall be effectively served by GRANTEE upon GRANTOR
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when addressed to GRANTOR and mailed to the CITY MANAGER at 444 SW 2"d
Avenue, 10th Floor, Miami, Florida, 33130, with a copy sent to Asset Management
Division, 444 SW 2nd Avenue, 3rd Floor, 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 NW 1St Street, 29th Floor, Miami,
Florida 33128, with a copy sent to the Director of Public Works, Miami -Dade County,
111 NW 1St Street, Miami, Florida 33128.
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 corporate seal to be affixed hereto by its City
Manager and its City Clerk, both thereunto duly authorized the day and year first
above written.
ATTEST:
Walter J. Foeman, City Clerk
ACCEPTED BY:
MIAMI-DADE COUNTY
Merrett R. Stierheim
County Manager
ATTEST:
County Clerk
THE CITY OF MIAMI, FLORIDA
Donald H. Warshaw
City Manager
APPROVED AS TO FORM AND CORRECTNESS
Alejandro Vilarello
City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
County Attorney
00- 016
}
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM CA=17
TO : The Honorable Mayor and Members DATE DEL, 2 FILE
of the City Commission.
FROM : o/4erafflrssh
City Manager
RECOMMENDATION
RESOLUTION Granting
SUBJECT : Easement to Dade County
for Storm Sewer System
Within Fern Isle Park
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached
Resolution granting an easement to Metropolitan Dade County to install a storm
sewer drainage system and outfall along the south side of the City's Fern Isle Park.
BACKGROUND
At several locations within the City, stormwater drainage from streets and private
property flows directly to the Miami River. The Metropolitan Dade County
Department of Environmental Resources Management (D.E.R.M.) has identified
Drainage Basin 21 as one area within the City where stormwater drainage flowing
directly to the Miami River contains pollutants that harm the quality of the water
in the river.
Drainage Basin 21 is located along NW 22 Avenue between the Miami River and
West Fiagler Street and drains stormwater from roadways under both City and
County jurisdiction. Dade County has agreed to retrofit the entire drainage system
by constructing and maintaining an underground pump station, drainage wells,
pollutant control structures and an overflow structure at no cost to the City. The
retrofitted drainage system will help clean the stormwater of pollutants before
discharging into the Miami River.
In order to install the underground pump station and piping system, Dade County
will require an easement within the City's Fern Isle Park along the south property
line adjacent to the East-West Expressway as shown on the attached location
sketch. The easement has been discussed and approved by representatives from
the Parks and Recreation Department and Asset Management Department as the
City's contribution to this project.
DHW/�/JJK/mm.
Ci
00- 016