HomeMy WebLinkAboutR-00-0990r J .
J-00-343
11/06/00
RESOLUTION NO. 0 — 990
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT OF EASEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH
MIAMI- DADE COUNTY FOR CITY -OWNED PROPERTY
LOCATED MORE PARTICULARLY DESCRIBED IN
"EXHIBIT A", ATTACHED HERETO AND MADE A PART
HEREOF, FOR A 12-FOOT WIDE PERPETUAL,
NON-EXCLUSIVE EASEMENT TO FACILITATE THE
CONSTRUCTION, INSTALLATION, OPERATION AND
MAINTENANCE OF WATER FACILITIES FOR THE WINN
DIXIE STORE LOCATED AT. 1145 NORTHWEST
11TH STREET, MIAMI, FLORIDA', AND, WITH THE
RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND
REMOVE ALL OR ANY SUCH FACILITIES WITHIN THE
EASEMENT, AND FULL RIGHTS OF INGRESS AND
EGRESS.
WHEREAS, Miami -Dade County has requested a 12-foot wide
perpetual, non-exclusive easement of City -owned property to
facilitate the construction, installation, operation and
maintenance of water facilities for the Winn Dixie Store located at
1145 Northwest 11th Street, Miami, Florida, with the right to
reconstruct, improve, change and remove all or any such facilities
within the easement and full rights of ingress and egress;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
TTAUatN
CON T AID
CITY CoMbIISSION,
MEETING OF,
fj®V 1 6 2000
0, U � ,
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 City Manager is hereby authorized" to
execute a Grant of Easement, in substantially the attached form,
with Miami -Dade County for City -owned property more particularly
described in "Exhibit A", attached hereto and made a part hereof,
for a 12-foot wide perpetual, non-exclusive easement to facilitate
the construction, installation, operation and maintenance of water
facilities for the Winn Dixie Store located at 1145 Northwest
llth Street, Miami, Florida, with the right to reconstruct, improve,
change and remove all or any such facilities within the easement
and full rights of ingress and egress.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./
�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.
2/ 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 2 of 3 00+ 90
0
0
PASSED AND ADOPTED this 16th
day of November 1 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec, 2-36, since the Mayor did not indicate approval of
this leglslation by signing it in the designated place provid-sd, said legislqt�or
becomes effective with the elapse of ten (1 ays f m tly`dda-`Iof Comm'
regarding same, without the Mayor exec c . ing , v
ATTEST:
Wa "J. eman, City Clark
WALTER J..FOEMAN
CITY CLERK
APPRQ451YTO -5
ieY ATTORNEY
4312:BSS
of .14%
AND CORRECTNESS:r—/
Page-3 of 3
00— 990
Tax Folio #:01-3135-000-0166
DW98123 and DS98089 ID#15175
GRANT OF EASEMENT
THIS INDENTURE, made this day of
2000, between
THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter
called "GRANTOR"), and MIAMI-DADE COUNTY, a political subdivision of the State
of Florida, whose mailing address is c/o Miami -Dade Water and Sewer Department, P.O.
BOX 330316, Miami FL. 33233-0316, hereinafter called ("GRANTEE");
WITNESSETH:
THAT, the GRANTOR, for and in consideration of the 'sum of ONE DOLLAR
($1.00) 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, forever, the right and privilege of a 12-foot wide perpetual,
non-exclusive easement on the property of the GRANTOR, shown and described on
EXHIBIT "A" attached hereto and made a part hereof, (hereinafter called the
"PROPERTY" or "EASEMENT") to construct; install, operate and maintain water
facilities, with the right to reconstruct, improve, change, and remove all or any of the
facilities within the EASEMENT (hereinafter call the "FACILITIES"), with the full right
of ingress thereto and egress therefrom.
The GRANTEE shall regulate the installation and future operations of the
FACILITIES so as not to conflict with normal operations of the GRANTOR; however,
the GRANTEE shall have full right to enter upon the EASEMENT at any time when
normal operations or emergency repairs of the FACILITIES are required.
11
The GRANTEE agrees to indemnify and hold harmless the GRANTOR from all
and against all suits, claims, judgments, and all loss, damage, costs or charges arising
directly or indirectly from the construction; installation, operation or maintenance, repair,
use or existence of the GRANTEE'S FACILITIES within the EASEMENT.
It is understood and agreed by and between the parties hereto that GRANTOR
reserves to itself, its heirs and assigns, all other rights not specifically granted herein,
including but not limited to the right to construct streets, cross and recross said
EASEMENT, and the right to erect light or telephone lines or any other improvements
which do not hinder the operation of the FACILITIES by the GRANTEE on an ongoing
basis.
The GRANTEE shall be held responsible for any damage to adjacent property as
a result of the installation and future operation of the FACILITIES, and further, shall
restore all pavement, sidewalks, curb and gutter, existing utilities, and landscaping to a
condition acceptable to the GRANTOR. The GRANTEE during the course of installation
and future operation of the FACILITIES, shall not encroach beyond the boundaries of the
EASEMENT.
The GRANTEE shall be responsible to restore the PROPERTY, including, but
not limited to, removal of the FACILITIES and restoration of all pavement, sidewalks,
curb and gutter, existing utilities, and landscaping to a condition acceptable to the
GRANTOR should the EASEMENT be abandoned or discontinued by law or otherwise.
Furthermore, upon abandonment or discontinuance by law or otherwise, said
EASEMENT shall cease and revert with the right of immediate possession and right of
entry to the GRANTOR or its successors in interest.
2
The GRANTOR does hereby fully warrant that it has good title to the
PROPERTY and that it has full power and authority to grant 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 heecto by the authority granted to the City
Manager and the City Clerk at the 2000 City Commission Meeting by.
Resolution No.: , authorized this day of , 2000.
CITY OF MIAMI, a municipal corporation of
the State of Florida
By:
Carlos A. Gimenez, City Manager
ATTEST:
Walter J. Foeman
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
Alejandro Vilarello
.City Attorney
3
00- 990
SKETCH AND LEGAL DESCl9/P71ON
12' WATER EASEMENT
FOR SKE7CH
SEE PACE 1 OF 2
LEGAL DESCRPRON
A PARI7AN OF THE S£ 1/4 OF SEC110N 35, TONNSH/P �0 SOUTH, RANCf 41 EAST, MIAMI-DADE COUNTY, FLAQIDA, BEING MORE PAR17CULARL Y DESCRIBED AS f4CLOW5
A STRIP OF LAND 12.00 FEET /N WIDTH, L YING 6.00 FEET TO THE LEFT AND 6.00 ffET TO THE RIGHT OF THE FOUOWNG DESCRIBED CENTERLINE.
COMMENCING AT THE SOUTHWEST GARNER FEET.
THE NW.1/4, OF THE SE 1/4 OF SAID SECTION 35,7 THENCE RUN EAST, ALONG THE SOUTH LINE OF THE NW.1/4 OF THE
SE 1/4 01 SAID SECTION 35, FOR 409.15 FEET, THEN(£ RUN N0R7H 70.00 FEET TO A POINT AN TH£ NORTH LINE OF THE SOUTH 70 00 FEET Q� 1Hf iVW. I/4, Q� THE
SE 1/4, OF SAID SECRON 35, AND THE NORTH RIGMT OIF- WA y LINE OF N. W. 111h STREET, SAID POINT . BEING TH£ PGYNT 01� BEGINNING Of THE HEREINAFTER 4, 07 HE
(INE THENCE CGNTINUE NARTN EAR 23.40 fLfT, THENCE RUN N 4517000' W FAR 1ED
7.50 f££T, THENCE RUN NORTH FOR 24.52 FEE TO A PANT OF IERM/NATIOYV ON
THE NORINEASTERL Y LINE OF THE CITY Of MIAMI PROPERTY AS DESCRIBED /N OFFICIAL RECORDS BOOK 10725, AT PACE 464 Of THE PUBLIC RECORDS Ar MIAMI-DADS
COUNTY, fZORIDA.
1H£ SyOE LINES OF SAID EASEMENT TO BE EXTENDED OR S7•IARMN£D TO MEET AT ANGLE POINTS AND TO TERMINATE AT THE SAID NORTHEASTERL Y LINE O- THE CITY
Of M/AMl PROPERTY
REPOWAW CE4T19C.A 7S
BEARING SMOWN HEREON ARE RELATIVE TO AN ASSUMED MERIDIAN ALONG THE 'EAST" MONUMENT LINE Of N.W. 111h STREET, WHICiI IS
THIS IS NOT A BOUNDARY SURYEY. THIS IS A SKETCH AND LEGAL DESCRIPTION FOR A PROPOSED 12.00. FOOT WATER EASEMENT.
THIS SKETCH AND LEGAL DISCRIP71ON ARE BASED ON AS-M#L T DRAWING PRO WDED BY POST SHELL CORPORATION AND TH£
CENTERLINE of THE EASEMENT DESCRIBED ABOVE IS APPR01i0MATELY COINamr WITH THE CMERLIN£ OF A WA1FWA/N SNOWW
ON THE IVATF.R AS-"_T DRAWING OF W1NN-01AIE AT ClWC C£IVIER, PROVIDED BY POST S71fLL CORPORA 17 N, £R PVW--9812J
Ge£_ PRE T
PROiTS90M SUIRVFyOR AhV MAPPER
Na22r62, STATE OF /ZORVA.
NOT VALID WINOVT THE S?QVATURE AND WE ORIGINAL`:
RAW SEAL OF A fZ0WA LICEWD SURI£YOR AAV MAPPER
"EXHIBIT A"
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ENQIITERS SURWY MPS & SWIn AWWW /o! WNV-mr STOW
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Page 2 of 2
m
TO
FROM
i •
CITY OF MIAMI, t-WHIDA CA=16
INTER-OFFICE MEMORANDUM
The Honorable Mayor and Members
of the City Commission
en z
Ci Manager
RECOMMENDATION:
DATE: NOV 2 - !i,"�Q .FILE:
SUBJECT: Resolution Granting a Water
Easement to Miami -Dade
County For Facilities Installed
REFERENCES: For Winn Dixie at Civic Center
ENCLOSURES: Grant of Easement and Resolution
The administration recommends that the City Commission adopt the attached Resolution authorizing the
City Manager to execute a Grant of Easement to Miami -Dade County for the City -owned property
more particularly described in Exhibit "A", attached hereto and made a part hereof, of a 12-foot wide
perpetual, non-exclusive easement on the property for the construction, installation, operation and
maintenance of water facilities, with the right to reconstruct, improve, change, and remove such
facilities or any of them within the easement.
BACKGROUND:
Miami -Dade County Water & Sewer Department has requested the grant of a 12-foot wide easement on
City property for the water facilities installed for the Winn -Dixie Store located at 1145 NW 11`h Street.
This easement will be for the construction, installation, operation, and maintenance of water facilities
with the right to reconstruct, improve, change, and remove all or any of the facilities within the
easement, with full right of ingress thereto and egress therefrom.
The easement shall further contain a reverter provision that if the easement shall be abandoned or
discontinued, the easement shall cease and revert back to the City.
This item is being submitted as directed by the City Commission on October 26, 2000.
CAG: DB: bB: mv: dd: MEasementW ater
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