HomeMy WebLinkAboutR-00-0991J-00-365
11/06%00
RESOLUTION NO. 0 0- 991
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 MORE
PARTICULARLY DESCRIBED IN "EXHIBIT A",
ATTACHED HERETO AND MADE A PART HEREOF, FOR A
15-FOOT WIDE PERPETUAL, NON-EXCLUSIVE EASEMENT
TO FACILITATE THE CONSTRUCTION, INSTALLATION,
OPERATION AND MAINTENANCE OF SEWAGE FACILITIES
FOR THE WINN DIXIE STORE LOCATED AT
1145 NORTHWEST 11T11 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.
WHEREAS,Miami-Dade County has requested a 15-foot wide
perpetual, non-exclusive easement of City -owned property to
facilitate the construction, installation, operation and
maintenance of sewage 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:
7 A'
CITY COMMISSION
MEETING OF
NOV 1 6 2000
Resolution No.
aPZI
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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 All, attached hereto and made a part hereof,
for a 157foot wide perpetual, non-exclusive easement to facilitate
the construction, installation, operation and maintenance of sewage
facilities for the Winn Dixie Store located at 1145 Northwest
11thStreet, 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.
ai 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 0` 9 1
PASSED AND ADOPTED this 16th day of November
ATTEST:
1 2000.
JOE CARO.LLO, MAYOR
In a=rdance with Miami Code Sec. 2-36, since- the Mayor did not indicate approval of
this lsgOaficn by signing it in the desipated plat provided, said --ovj
bumn**s effective with the elaps,",, of ten (l 0 days I m the date of Comlnissir .-'.on
raW.arlaig same, without the Mayor,.eprq tj�ng
WALTER J. FOEMAN
CITY CLERK 1000
NESS:6
Page 3 of 3 1 600- 99
0 . 0
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 15-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 sewer
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.
NO0-- 991
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
U ZY
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 hereto 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
I
SKETCH AND LEGAL DESCRIP77ON
16' SEWER EASEMENT
FM
SEE PAS I OF 2
LEML
A PORTION OIL THE SE.1/4 OF S£CAON 35, 10`10SH1P 53 SOUTH, RANGE 41 LEAST, M1AW-DADS COUNTY, fZORIDA; BEING MORE PAR71CIAARLY DESCRIBED AS FIXLOWS-
A STRIP OIL LAND 15.00 fEET /N WIN, LING 7.50 FEET TO THE LEFT AND 7.50 FEET TO 1H£ R16VT Of- TH£ FOYIONINC DEESCRBED CENTERLINE.•
COMMENCING AT THE SOUIHNEST CGIR/V£R OI" IH£ NW.1/4, Of' WE Sf 1/4 or SAID SECTION 35, THENCE RUN EAST, ALONG THE SOUTH LINE or THE NW.1/4 OF THE
SE 1/4 OF SAID .SEC17ON 35, FOIR 310.57 FEET: THENCE RUN NORTH 70,.00 FEET TO A POINT AN THE NORTH LINE or THE SOUTH 7000 FEET, OF THE NW.1/4, .OF THE
SE 1/4, OF SAID SICION A AND THE NORTH RIGHT-OF-WAY LINE OF N.W. 11(h STREET, 5410 POINT BEING THE;POINT Ca- BEGINNING Of- THE FOCLOfWNG DESCRIBED
TINE.• THENCE N 27*3935' E FOR 104.90 FEET TO A POINT OF TERM/NAAAN AN THE NORTNEAS7FRLY LINE OF THE CITY OF MIAMI PROPERTY AS DESCRIBE0 IN OFF/CIA(
RECORDS BOOK 10725, AT PAGE 464 OF THE PUBLIC REC.0RDS OF MIAMI-DADE COUNTY, FLORIDA.".1.
TV S70E UIVES OF SAID EASEMENT TO BE £XTFNDED OR SHORTENED TO MEET A T ANGLE POINTS AND TO TERM/NA IE A T THE SAID NORTHEASTER( Y UN£ OF THE CITY
Of' MIAW PROPERTY.
ITT AAD �TAIG4IE� , ,
BEARING SHONN I/EREGW ARE REZA17W TO AN ASSUMED MERIDIAN ALONG THE MCIIKlMENT LAVE OF N.W. 111h STREET, WNICIH IS
IFASr
THIS IS NOT A BOUNDARY SURVEY. THIS 6 A 57l£TCH AND LEGAL M RIP7M FAR A PROPOSED 15 00 F 7 SEN£R EASEMENT.
THIS SKETCH AND LEGAL DESCR/PIAN ARE BASED AN AS-BUIL T ORAN NG PROWDED BY POST WELL CORPORA lOIV AND THE
CENTERLNE OIF THE EASEMENT DESCRIBED ABOVE IS APPROXIMATELY CaftWNT NITH TIE CENTERLINE OF A WAIERMAdV SHOW
ON THE WATER AS-R fAL T ORAfWNGG OFF WAW- DIVE AT C1NC CENTER, PROVIDED BY POST SHELL CORPORA PO , ER"IDS-98089
M ""A,-PRir5qmr
PRWWWAL SURVEYOR AND MAPPER
&.2262. SWE OF FZORIDA.
NOT VALID NITHOUT THE Syom7tlRE AND THE OlWNAL.
RAISED SEAL Of' A ROWA LICENSED SbRWWR AND MAPPER.
"EXHIBIT A"
Page 1 of 2
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Page 2 of 2
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FROM
•
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM A=17
The Honorable Mayor and Members
of the City PDmmission
RECOMMENDATION:
DATE: FILE
NOV 2 2111100
SUBJECT:
Resolution Granting a Sewer
Easement to Miami -Dade
REFERENCES: County For Facilities Installed
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 15-foot wide
perpetual, non-exclusive easement on the property for the construction, installation, operation and
maintenance of sewage 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 15-foot wide easement on
City property for sewage facilities installed for the Winn -Dixie Store located at 1145 NW 11ffi Street.
This easement will be for the construction, installation, operation, and maintenance of sewage 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.
0
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0®- 991