HomeMy WebLinkAboutR-94-0741J-94-847
10/19/94
RESOLUTION NO.
94-- 741
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A TEMPORARY
CONSTRUCTION EASEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR USE OF CITY -OWNED PROPERTY
ON WATSON ISLAND (MORE PARTICULARLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO AND MADE A
PART HEREOF) AS A STAGING AREA FOR BRIDGE
GIRDERS, CONCRETE BRIDGE SEGMENTS AND OTHER
WORK RELATED TO THE CONSTRUCTION OF THE
MaoARTHUR CAUSEWAY HIGH LEVEL BRIDGE AND
APPROACHES.
WHEREAS, the Florida Department of Transportation (FDOT) is
currently constructing a new MacArthur Causeway high level bridge
and approaches; and
WHEREAS, said bridge will require extensive bridge girders,
concrete bridge segments and other related work for its
construction; and
WHEREAS, a temporary construction easement (the "Easement")
on a portion of City -owned property on Watson Island, as shown
and described in the attached Grant of Temporary Construction
Easement is required by FDOT as a staging area for bridge
girders, concrete bridge segments and other related work for the
construction of said bridge and approaches; and
WHEREAS, FDOT requires the Easement for a period of eighteen
months or until the completion of the construction of the
project, whichever occurs sooner; and
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C= COMUSSION
MEETING OF
OCT 2 7 ?q94
Resolution No.
94- 741
0
WHEREAS, the City Commission wishes to grant the Easement to
FDOT and to authorize the City Manager to execute the 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 City Manager is hereby authorized1/ to
execute a Temporary Construction Easement, in substantially the
attached form, with the Florida Department of Transportation for
use of City -owned property on Watson Island (more particularly
described on Exhibit "A" attached hereto and made a part hereof)
as a staging area for bridge girders, concrete bridge segments
and other work related to the construction of the MacArthur
Causeway high level bridge and approaches.
Section 3. The term of the Easement shall be for a
period of eighteen months or until the completion of the
construction of said project, which occurs sooner.
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.
94- '741
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,^1
Seotion 4. This Resolution shall beoome effeotive
immediately upon its adoption.
PASSED AND ADOPTED this 27th day of October 1994.
oalj�EPHEN P. CLARK, MAYOR
ATTE
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
JULIE 0. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS T4 FORM AND CORRECTNESS:
v.v
A. QU NN
CITY ATT
BSS:M470
94- 741
-3-
12
GRANT OF TEMPORARY CONSTRUCTION EASEMENT BY
CITY OF MIAMI
TO
FLORIDA DEPARTMENT OF TRANSPORTATION
THIS AGREEMENT, made this day of ,
1994, between the CITY OF MIAMI, a municipal corporation of the
State of Florida, (hereinafter called the "GRANTOR"), and
FLORIDA
DEPARTMENT
OF TRANSPORTATION,
a
component agency of the
State of
Florida,
(hereinafter called
the
"GRANTEE").
OV f*%'r M7hT C
GRANTOR, for and in consideration of the sum of ten dollars
($10.00) 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 a Temporary Construction Easement
(hereinafter called the "EASEMENT"), with the right of ingress
and egress thereto, for use as a staging area for bridge girders,
concrete bridge segments and other related work for construction
of the MacArthur Causeway high level bridge and approaches
(hereinafter called the "PROJECT"), on the Watson Island property
which is owned by GRANTOR (hereinafter called the "PROPERTY"), as
more particularly described in Exhibit "A" which is attached
hereto and made a part hereof.
The term of this EASEMENT shall be for an eighteen (18)
month period commencing on the day and year set forth below in
94- 741
1 Grantor
Grantee
which GRANTEE accepts the EASEMENT (hereinafter called the
"EXECUTION DATE"), however, that if the PROJECT is completed
prior to the expiration of said eighteen (18) month period, this
EASEMENT shall terminate upon the completion of the PROJECT.
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.
In further consideration of GRANTOR granting to GRANTEE this
EASEMENT, GRANTEE agrees to construct the base pad for the new
circulating roadway connecting the north and south sides of
Watson Island which will run under the new bridge and within
existing right-of-way of GRANTEE as depicted in Exhibit "B"
attached hereto and made a part hereof.
GRANTEE shall have the right to clear the PROPERTY of
obstructions, including the removal of trees impacting the use of
said PROPERTY for the purposes outlined herein, subject to
complying with all laws, ordinances and codes of Federal, State
and local governments.
GRANTEE shall exercise the rights granted herein in such a
manner as not to cause any damage or destruction of any nature to
or interruption of the use of the adjoining lands owned by
GRANTOR.
GRANTEE accepts this EASEMENT and hereby acknowledges that
GRANTEE'S compliance with all laws, ordinances and codes of
Federal, State and local governments as they may apply to this
94- '741
2 Grantor
Grantee
EASEMENT, including but not limited to building codes and zoning
restrictions, is a condition of this EASEMENT and GRANTEE shall
comply therewith as the same presently exists and as may be
amended hereafter.
Unless otherwise provided herein, GRANTEE shall provide all
utilities for the PROJECT, including but not limited to
electricity, water, gas, garbage and sewage disposal.
GRANTEE shall be held responsible for any damage to the
PROPERTY and to adjacent property, including any improvements
placed within the PROPERTY, as a result of this EASEMENT, and
further shall restore any damaged property to a condition
acceptable to the GRANTOR.
GRANTEE shall not unreasonably encroach beyond the
boundaries of the PROPERTY during the term of this GRANT. Should
GRANTEE fail to remove an encroachment within ten (10) 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
of an invoice from GRANTOR indicating the cost of such required
removal. In the event GRANTEE fails to pay such invoice, GRANTOR
may terminate this EASEMENT.
Upon the expiration, termination or cancellation of the
EASEMENT, GRANTEE shall restore the PROPERTY and any areas used
by GRANTEE for ingress and egress, including but not limited to
restoration of all pavement, sidewalks, curb and gutter, existing
94- 741
3 Grantor
Grantee
utilities and landscaping, at GRANTEE's sole cost and expense, to
a condition acceptable to GRANTOR.
Should GRANTEE fail to restore the PROPERTY and areas of
ingress and egress as may be required pursuant to this EASEMENT
within thirty (30) days after receipt of written notice from
GRANTOR directing the required restoration, GRANTOR shall cause
the PROPERTY and the areas of ingress and egress 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.
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.
Upon the expiration, termination or cancellation of this
EASEMENT, for any reason, GRANTEE shall remove any equipment,
furnishing or other articles of movable personal property placed
in, on or above the PROPERTY. Should GRANTEE fail to remove such
within thirty (30) days after receipt of written notice from
GRANTOR directing the required removal, GRANTOR shall cause such
to be removed on behalf of GRANTEE, and GRANTEE shall pay GRANTOR
the full cost of such removal within thirty (30) days of receipt
94- 741
4 Grantor
Grantee
t
of an invoice from GRANTOR indicating the cost of such required
removal.
If any part of the PROPERTY is in any way damaged by the
removal of any movable personal property, said damage shall be
repaired by GRANTEE at its sole cost and expense. Should GRANTEE
fail to repair any damage caused to the PROPERTY within thirty
(30) days after receipt of written notice from GRANTOR directing
the required repairs, GRANTOR shall cause the PROPERTY to be
repaired on behalf of GRANTEE and GRANTEE shall pay GRANTOR the
full cost of such repairs within thirty (30) days of receipt of
an invoice from GRANTOR indicating the cost of such required
repairs.
GRANTOR shall be given the opportunity by the GRANTEE to
attend all preconstruction meetings on the PROJECT.
GRANTOR and GRANTEE agree to insure or self insure their
respective interests in personal property placed on the PROPERTY
to the extent each deems necessary or appropriate and hereby
mutually waive all rights to recovery for loss and damage to such
property by any cause whatsoever. GRANTOR and GRANTEE hereby
waive all rights of subrogation against each other under any
policy or policies they may carry on personal property placed or
moved on the PROPERTY.
To the extent permitted by law without waiving or violating
any limitation, prohibition or other restriction contained in
applicable law and specifically as limited by F.S. 768.28 and all
restrictions on indemnification, GRANTEE agrees to indemnify,
94- 741
5 Grantor
Grantee
hold harmless and defend GRANTOR and any and all of its agents,
officials 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 use, possession or control of
the PROPERTY and particularly resulting from the performance by
GRANTEE, its officials, employees, agents, contractors or
subcontractors, of work related to the construction of the
W11TOWx04M
In addition, GRANTOR shall be named as an additional insured
in every policy of insurance required by GRANTEE of any
contractor or subcontractor who may be working at the PROPERTY.
GRANTEE shall maintain, utilize and conduct any activities
upon the PROPERTY in a proper and safe manner at GRANTEE's sole
cost and expense.
This EASEMENT shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors and
assigns.
GRANTOR assumes no responsibility for any property of the
GRANTEE, its agents, servants, employees or contractors brought
on or about the PROPERTY and the GRANTEE hereby releases GRANTOR
from all liability for any loss or damage to said property
sustained by reason of GRANTEE's occupancy of the PROPERTY.
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
94- 741
6 Grantor
Grantee
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
serviced, or if by mail, on the fifth day after being posted or
the date of actual receipt, whichever is earlier.
NOTICE TO GRANTOR
City of Miami
City Manager
3500 Pan American Dr
Miami, FL 33133
WITH COPY TO:
City of Miami
Office of Asset Management
300 Biscayne Blvd, Suite 400
Miami, FL 33131
NOTICE TO GRANTEE
State of Florida
Dept of Transportation
1000 NW 111 Avenue
Miami, FL 33172
Upon termination of this EASEMENT by lapse of time or
otherwise, GRANTEE shall promptly and peacefully surrender and
deliver possession of the PROPERTY to GRANTOR in accordance with
the covenants herein contained.
GRANTOR and GRANTEE, by mutual agreement, shall have the
right but not the obligation to amend this EASEMENT. Such
amendments shall be effective only when signed by both the
GRANTOR and GRANTEE and shall be incorporated as a part of this
EASEMENT.
This EASEMENT shall be construed and enforced according to
the laws of the State of Florida and venue shall be in Dade
County, Florida.
In the event any paragraph, clause or sentence of this
EASEMENT or any amendment thereto is declared invalid by a court
94- 741
7 Grantor
Grantee
1� .
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of competent jurisdiction, such paragraph, clause or sentence
shall be stricken from the subject EASEMENT and the balance of
the EASEMENT shall not be affected by the deletion thereof.
No waiver of any provision hereof shall be deemed to have
been made unless such waiver is in writing and signed by GRANTOR
and GRANTEE. The failure of either party to insist upon the
strict performance of any of the provisions or conditions of this
EASEMENT shall not be construed as waiving or relinquishing in
the future any such covenants or conditions but the same shall
continue and remain in full force and effect.
GRANTOR shall provide GRANTEE with written notice of
any failure to perform or comply with the terms and conditions
contained herein to be performed by GRANTEE. If GRANTEE fails to
cure said default within 30 days of receipt of written notice of
default, GRANTOR shall have the right to terminate this EASEMENT.
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 the day and year first
above written.
ATTEST:
Matty Hirai
City Clerk
THE CITY OF MIAMI, FLORIDA
Cesar H. Odio
City Manager
94- 741
8 Grantor
Grantee
M
LEGAL REVIEW BY:
Julie O. Bru
Assistant City Attorney
APPROVED AS TO FORM &
CORRECTNESS:
A. Quinn Jones, III
City Attorney
APPROVED AS TO FORM &
CORRECTNESS:
Michael Schloss
District General Counsel
APPROVED AS TO LEGAL
DESCRIPTION:
Waldemar E. Lee
Director of Public Works
STATE OF FLORIDA, Department
of Transportation
Stanley M. Cann, PE
District Secretary
ATTEST:
Print Name
94- 741
g Grantor
Grantee
EXHIBIT A
,el , iIVEIDENER SURVEYII 1 AND MAPPING PA
Ik 10418 N.W. Slat Terrace Miami, Florida 33172
(305) 599-6381
A tract of land for an easement in Tract "A" of land lying in Biscay AT OaN , ISLAND"
City
of Miami, Dade County, Florida. Being a portion of land known as W
and situated between the Intracoastal Waterway and the City of Miami Beach on
the East side of a portion of "General Douglas MacArthur Causeway", also known
as State Road A-1-A, as shown on the State of Florida Right -of -Way Map, Section
No. (8706-112) 87060-21117 - Road No. A-1-A Dade County, according to the plat
thereof, as recorded in Plat Book 68 at Page 44, Sheet No. 3 of the Public
Records of Dade County, Florida, said tract being more particularly described as
follows:
Commence at a point on the Easterly Right -of -Way line of said State Road A-1-A
at a point shown as P.C. Stu. 35+57.40 on said State Road Right-of-Wa Map;
thence Northwesterly along said Easterly Right -of -Way line, North 30'O8'47X
West, a distance of 1331.52 feet to a point of curvature; thence proceed along
the arc of a curve that is concave to the Southwest, having a radius of 1090.64
feet and a control angle of 17'13'53" for an arc distance of 328.00 feet to a
point on said curve, said point being the POINT OF BEGINNING, thence continue
along the arc of the oforedescribed curve that is concave to the Southwest,
bearing North 4237'20" East from the radius point of said curve, having a
radius of 1090.64 feet and a central angle of 8'3418" for an arc distance of
163.16 feet to a point of compound curvature to a curve that is concave to the
Southwest; thence continuing along said Easterly Right -of -Way line of State Road
A-1-A along the arc of said curve, having a radius of 1441.26 feet and a central
angle of 21 51' 14" for an arc distance of 549.73 feet to a point on said curve
intersecting with the Mean High Water Line according to the MEAN HIGH WATER
SURVEY of WATSON ISLAND by Post, Buckley, Schuh & Jernigan, Inc., dated February
6, 1978 and last revised April 24, 1978; thence running along said Mean High
Water Line for the followin,g twelve (12) courses;
1 thence North 76'47'02 East, a distance of 35.42 feet;
2 thence North 7730'30" East, a distance of 72.52 feet;
3 thence North 85!34'17" East, a distance of 101.43 feet;
4 thence North 79'06'01" East, a distance of 104.09 feet;
5 thence South 61'3652" East, a distance of 92.78 feet;
6 thence South 4(715142" East, a distance of 19.38 feet;
7 thence South 5721'25" East, a distance of 14.71 feet;
8 thence South 43'40'13" East, a distance of 105.43 feet;
9 thence South 5751'01" East, a distance of 100.28 feet;
10 thence South 84'52'03" East, a distance of 47.23 feet;
11 thence North 86'40'59" East, a distance of 54.28 feet;
12 thence North 89'52'26" East, a distance of 31.32 feet;
thence departing from said Mean High Water Line South 22'35'59" West, a distance
of 189.10 feet to the POINT OF BEGINNING.
Said tract or parcel contains 75,158 square feet or 1.725 acres, more or less.
s? A" DQ w
1) Metro Dade Department of Public Works survey for Section 31, Township 53
South, Range 42 East.
2) Metro Dade "Section and Aerial" sheets for Section 31, Township 53 South,
Range 42 East.
3) Mean High Water Survey of Watson Island by Post, Buckley, Schuh &
Jernigan, Inc., dated Feb. 6, 1978, Field Book 826.
1�
1) Horizontal Control is the Florida State Plane Coordinate System, East Zone,
NAD 1927 as determined by U.S. Engineers Monuments, "Marion", "MH 19", "MH
20", and "MH 2S , Harbor Surveys.
2) THIS IS NOT A BOUNDARY SURVEY. No field work was performed.
CERTIFICATE NOT VALID UNLEBS MMOSAED 1r= Rmsm SEAL SKETCH TO ACCOMPANY
THIS le TO Caluirl THAT I IIAVa RW/.NTl.Y SIMI aD Tsa M'' LEGAL DESCRIPTION
DISCRIDED NlRit°N AND THAT SAID AWV2 QWMM SURVEY .AND SRBTCA
CAM ERTlrY THAT = svRvr °Ims T1 m auk stiAxnAima EASEMENT IN TRACT A
IN CIIAPTSR 01017-4 PAC. FWRIDA STAMM- MOCARTHER CAUSEWAY
> BISCAYNE BAY, MIAMI, FLORIDA
170 PLS No. 603 1 }� 1351 DATE: 10-8-94 SCALE: V- 100'
04- 741
)EVER SURVE,YI N x AND MAPPING PA
10418 N.W. 31st Terrace Mi%Tni, Florida $3172
(305) 599--6381
76,158 St FEET 'Rt%
�.� 1.T25 ACRES
�sr s
A-S49 73 yr"�T�►
A-21'81' _Ofi �1!
Fs n
POINT OF BEGINNING
JZGEND
NAD
NORTH AMERICAN DATUM
R
RADIUS DISTANCE
A
ARC DISTANCE
0
DELTA ANGLE
GRAPHIC SCALE
loo' o loo'
t IN FEET)
i inch s 100 &
E
TRACT •.
17
94- 74.E
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
EASEMENT IN TRACT A
MocARTHER CAUSEWAY
BISCAYNE BAY, MIAMI, FLORIDA
1351 DATE: 10-6-94 SCALE: f- 100'
PVUTUTM M
Sketch of area in which Grantee shall construct base pad
for new circulating roadway is not yet available
Sketch to be attached prior to execution
94- 741
CITY OF MIAMI, FLORIDA CAM27.
INTER -OFFICE MEMORANDUM
TO : The Honorable Mayor and Members DATE : OCT 18 1994 FILE :
of the City Commission
SUBJECT : Resolution Authorizing
Grant of Temporary
_Construction Easement
FROM ; REFERENCES:
Ces io
cit er ENCLOSURES:
RECOMMENDATION:
It is respectfully requested that the City Commission adopt the
attached Resolution authorizing the City Manager to execute a
Temporary Construction Easement, in substantially the attached
form, to the Florida Department of Transportation (FDOT) on the
City -owned property on Watson -Island, as more particularly
described in Exhibit "A" which is attached hereto and made a part
hereof, for use as a staging area. for bridge girders, concrete
bridge segments and other work related to the construction of the
MacArthur Causeway high level bridge and approaches.
BACKGROUND:
In response to a request from FDOT, the Office of Asset Management
has prepared. the appropriate legislation to approve a Grant of
Temporary Construction Easement for use of a parcel of property on
the City -owned Watson Island.
FDOT is currently constructing a new MacArthur Causeway high level
bridge and approaches. This construction will require the use of
extensive bridge girders, concrete bridge segments and other
related materials. In order for FDOT to perform the construction
of the westbound bridge, FDOT will require the use of City -owned
land located on the north side of MacArthur Causeway on Watson
Island. This Temporary Construction Easement will be for 18 months
or until construction of the bridge is completed, whichever is
sooner.
In consideration for the granting of this Temporary Construction
Easement, FDOT will construct the base pad for the new circulating
roadway connecting the north and south sides of Watson Island which
will run under the new bridge and within existing FDOT right-of-
way.
94- 741