HomeMy WebLinkAboutR-94-0009J-93-893
12/07/93
RESOLUTION NO. 9 4 — 9
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
METROPOLITAN DADE COUNTY (THE "COUNTY") AND THE
CITY OF MIAMI (THE "CITY") THEREBY GRANTING AN
EASEMENT TO THE COUNTY FOR A FORTY EIGHT -INCH
SEWAGE FORCE MAIN, ON REAL PROPERTY LEGALLY
DESCRIBED BY THE EASEMENT AGREEMENT AND SHOWN
ON EXHIBIT "A-1" TO THE EASEMENT AGREEMENT, AND
IN ADDITION, GRANTING A TEMPORARY CONSTRUCTION
EASEMENT ON THE REAL PROPERTY LEGALLY DESCRIBED
BY THE EASEMENT AGREEMENT AND SHOWN ON EXHIBIT
"A-2" TO THE EASEMENT AGREEMENT; SAID
AUTHORIZATION FURTHER CONDITIONED UPON
PROVISIONS AS MORE SPECIFICALLY DESCRIBED AND
INCORPORATED HEREIN.
WHEREAS, the County intends to install a forty eight -inch
sewage force main under the former F.E.C. tract adjacent to
Biscayne Boulevard (the "Force Main"), in 1994, to provide
additional sewage capacity; and
WHEREAS, use of certain undedicated Biscayne Boulevard
right of way owned by the City will be necessary to said proposed
installation and thus the County has requested the City to grant
the easement hereinafter described; and
WHEREAS, the County intends to cross Biscayne Boulevard
with the Force Main by the bore and jack method to minimize
disruption of traffic; and
WHEREAS, use of an additional 25-foot by 25-foot area
within the former F.E.C. tract will be necessary during the bore
COMM��;
G'ITY MU415SIONZ
KEETING OF
JAN 1 3 1994
Resolution No,
94- 9
and jack process and thus the County has requested the City to
grant the temporary construction easement hereinafter described;
and
WHEREAS, the City Commission finds it is in the
best
interest of the residents of the City of Miami to grant to
the
County the necessary easement and temporary construction easement
to use certain property as hereinafter described, subject to
the
following conditions:
1. The County shall grant to the City a permanent
easement on the entirety of the County -owned
property located adjacent to the City of Miami's
Curtis Park for the purpose of surface parking
within 60 days of the effective date of this
Resolution, said easement to contain a right of
reverter in the event the property known as the
City of Miami's Curtis Park ceases to be used as a
City Park.
2. If the County ceases to utilize the easements
hereby granted, the County's interest in said
easements shall revert to the City;
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.
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Section 2. The City Manager is hereby authorized to
execute an easement agreement, in substantially the attached
form, between Metropolitan Dade County (the "County") and the
City of Miami (the "City) granting an easement to the County for
a forty eight -inch Sewage Force Main on real property legally
described by the Easement Agreement and shown on Exhibit "A-1" to
the Easement Agreement, and, in addition, granting a temporary
construction easement to the County for a bore and jack pit on
the real property legally described by the Easement Agreement and
shown on Exhibit "A-2" to the Easement Agreement, said
authorization further conditioned upon provisions more
specifically described and incorporated pursuant to Section 1
hereinabove.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 13th
ATTEST:
r
TTY HIRAI
CITY CLERK
SUBMITTED BY:
WALDEMAR E. LEE
DIRECTOR OF PUBLIC WORKS
day of January , 1994.
,c?'
qz—
S EPHEN P. CLARK
MAYOR
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LEGAL REVIEW:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GMM/awa/M4027
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47.�
12/07/93
GRANT OF EASEMENT
THIS INDENTURE, (this "Grant of Easement") made this
day of 19_, between THE CITY OF MIAMI, a municipal
corporation of the State of Florida, hereinafter called GRANTOR,
and METROPOLITAN DADE COUNTY, a political subdivision of the
State of Florida, hereinafter call GRANTEE;
W I T N E S S E T H:
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, subject to the conditions set forth in this
Grant of Easement, the right, privilege and an easement to
construct, reconstruct, lay, install, operate, maintain,
relocate, repair, replace, improve, remove and inspect water
transmission and distribution facilities and all appurtenances
thereto, and/or sewage transmission and collection facilities and
all appurtenances thereto with full right of ingress thereto and
egress therefrom, on the property of the GRANTOR, shown on
EXHIBIT A-1 and described as follows, to wit:
A 27 feet wide easement lying, situated and being in
the City of Miami, Dade County, Florida, and being
more particularly described as follows:
Begin at point of intersection of the easterly
extension of the monument line in N.E. 8th Street with
the easterly righ8-of-way line of Biscayne Boulevard;
thence run N 00 04' 29" E, along said easterly
right-of-way of Biscayne Boulevard (being 83 feet east
of and parallel with the monument line of Biscayne
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Boulevard) for a distance of 345.07 feet to the point
of intersection of the easterly extension of the
centerline of N.E. 9th Street with the easterly
right-of-way line of Biscayne Boulevard; thence run
S 89 55' 51" E for a distance of 27.05 feet; thence
run S 000 04' 99" W for a distance of 345.06 feet;
thence run N 89 57' 43" W for a distance of 27 feet
to the POINT OF BEGINNING.
The GRANTEE shall regulate the installation and future
operations so as not to conflict with normal operations of the
j GRANTOR; howewver, the GRANTEE shall have full right to enter
upon said easement at any time when normal operations or
emergency repairs are required.
The GRANTEE agrees to assume, indemnify and hold harmless
the GRANTOR from all and against all suits, claims, judgments,
and all loss, damage, costs or charges it may suffer, sustain, or
in any wise be subjected to on account either of the installation
t
or maintenance, repair, use or existence of the GRANTEE'S
facilities within the easement.
THE GRANTOR shall be given the opportunity by the GRANTEE to
attend all preconstruction meetings on installation work within
the above easement and shall be notified well in advance of the
actual start of construction within said easement.
The GRANTEE will be held responsible for any damage to
adjacent property as a result of its installation and future
operations, and further shall restore all pavement, sidewalks,
curb and gutter, existing utilities, and landscaping to a
conditions acceptable to the GRANTOR.
The GRANTEE during the course of installation and future
operations, shall not encroach beyond the boundaries of the above
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94- 9
easement or any other easement that may be granted by the
GRANTOR.
Should the above easement be abandoned or discontinued by
law or otherwise, the said easement shall cease and revert with
the right of immediate possession and right of entry to the
GRANTOR or its successors in interest.
The GRANTOR further has granted and does hereby grant to the
GRANTEE, its successors and assigns a temporary construction
easement as shown on Exhibit A-2 and described as follows to wit:
A temporary construction easement 25 feet by 25 feet
lying, situate and being in the City of Miami, Dade
County, Florida and being more particularly described
as follows:
Commence at the point of intersection of the easterly
extension of the monument line in N.E. 8th Street with
the easterly right-of-way line of Biscayne Boulevard;
thence continue S 890 57' 43" E, along the easterly
extension of the monument line for a distance of 27.00
feet; thence run N 000 04' 09" E for a distance of
20.Og feet to the POINT OF BEGINNING; thence continue
N 00 04' 29" E for a distance of 25.00 feet; thence
run S 89° 57' 83" E for a distance of 25.00 feet;
thence run S 00 04' ;9" W for a distance of 25.00
feet; thence run N 89 57' 43" W for a distance of
25.00 feet; thence run N 890 57' 43" W for a distance
of 25.00 feet to the to the POINT OF BEGINNING.
All easement rights, responsibilities, and requirements
previously set forth in this document shall apply to the
temporary construction easement with the exception that the grant
of temporary easement shall terminate on September 31, 1994.
The GRANTOR does hereby fully warrant that it has good title
to the above described property and that it has full power and
authority to grant these Easements.
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This Grant of Easement is subject to the following
conditions:
1. The County shall grant to the City a permanent
easement on the entirety of the County -owned
property located adjacent to the City of Miami's
Curtis Park for the purpose of surface parking
within 60 days of the effective date of this
Resolution, said easement to contain a right of
reverter in the event the property known as the
City of Miami's Curtis Park ceases to be used as a
City Park.
2. If the County ceases to utilize the easements
hereby granted, the County's interest in said
easements shall revert to the City.
IN WITNESS WHEREOF, THE CITY OF MIAMI, a municipal
corporation of the State of Florida, in the County of 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 this day
of
1993 A.D.
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THE CITY OF MIAMI, FLORIDA
By:
Cesar H. Odio
City Manager
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APPROVED AS TO DESCRIPTION:
Waldemar E. Lee
Director of Public Works
ATTEST:
Matty Hirai
City Clerk
LEGAL REVIEW BY:
\6�AAW-'
G. Miriam Maer
Chief Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
A. Quinn Jones, III
City Attorney
GMM/awa/635
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94- 9
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FOOPOS90 TtEMPORA .P-1
CONS7RVC"'TION IEASAMX AIT
P02 48- INcH F0PCE MAIN.
MIAMI-DADE
WATER AND SEWER AUTHORITY
DATE 9-23-93 SCALE M T.5.
E.2.' 446(35 1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA=13
TO : Honorable Mayor and Members DATE : f JAN 4 ��, ,� 1 FILE
of the City Commission 11 t�
SUBJECT Resolution Granting
Easement to Metropolitan
w Dade County {Miami -Dade
FROM : REFERENCES : Water & Sewer Authority
i' at the former F.E.C. tract
CeS dio ENCLOSURES:
Cit nager
0
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution granting an easement to Metropolitan Dade
County for use by the Miami -Dade Water & Sewer Authority
Department in the former F.E.C. tract adjacent to Biscayne
Boulevard.
BACKGROUND:
The Department of Public Works, in a continuing effort to serve
all residents of the City of Miami, is recommending the adoption
of the attached Resolution granting an easement to Metropolitan
Dade County through the City owned former F.E.C. tract adjacent
to Biscayne Boulevard between N.E. 8th Street and N.E. 9th
Street.
The Miami -Dade Water & Sewer Authority Department owns and
operates Wastewater Pumping Station No. 2 in Bicentennial Park.
The existing force main which interconnects this pumping station
to the No. 1 Pumping Station at N.W. N. River Drive and N.W. 4th
street is undersized and has deteriorated. The Authority is
proposing to replace the existing 42-inch diameter force main
with a new 48-inch diameter force main as part of their effort to
resolve the current sanitary sewer moratorium. The Authority
will be granting a reciprocal easement to the City for surface
parking adjacent to Curtis Park.
The proposed route for the new force main will run through City
owned undedicated Biscayne Boulevard right of way located in the
farmer F.E.C. tract between N.E. 8th Street and 9th Street. The
Authority has requested a 27-foot wide easement for installation
and maintenance of the new force main. In addition the authority
iias requested a 25-foot by 25-foot temporary construction
easement to facilitate the crossing of Biscayne Boulevard at N.E.
8th Street.
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