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HomeMy WebLinkAboutR-93-0013J-93-28 12/28/92 RESOLUTION NO. 9 3 — 13 A RESOLUTION, WITH ATTACHMENT, APPROVING THE GRANT OF A TEMPORARY CONSTRUCTION EASEMENT, ON WATSON ISLAND, TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ITS USE AS A STAGING AREA FOR THE BRIDGE GIRDERS, CONCRETE BRIDGE SEGMENTS AND OTHER RELATED WORK FOR THE CONSTRUCTION OF THE MACARTHUR CAUSEWAY HIGH LEVEL BRIDGE AND APPROACHES; FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID GRANT OF TEMPORARY CONSTRUCTION EASEMENT IN SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF THE CITY. WHEREAS, the Florida Department of Transportation proposes to rebuild and widen the State Road A-1-A (MacArthur Causeway) bridge over the Intracoastal Waterway in Biscayne Bay; 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 on City of Miami owned land on Watson Island, adjoining the southerly right -of --way of State Road A-1-A (MacArthur Causeway), as shown and described in the attached Grant of Temporary Construction Easement is required by the Florida Department of Transportation as a staging area for bridge girders, concrete bridge segments and other related work for the construction of said bridge and approaches; and WHEREAS, the Florida Department of Transportation requires the aforementioned temporary construction easement for a period of three years or until the completion of the construction of said project, whichever occurs sooner_; and ATTACHMENTS) CONTAINED J )ED BY. q3- CITY COW4=0 MEETING OF JAN 14 1993 R.8&UUon No. 93— 13 i" WHEREAS, the City Commission wishes to grant the aforesaid temporary construction easement to the Florida Department of Transportation and to authorize the City Manager to execute the attached Grant of Temporary Construction Easement; _= = NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY51 OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth in the o- 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 a temporary construction easement on - Watson Island for its use as a staging area for the bridge - girders, concrete bridge segments and other related work for the construction of the MacArthur Causeway high level bridge and approaches is hereby approved. = Section 3. The term of said temporary construction easement shall be for a period of three years or until the completion of the construction of said project, whichever occurs sooner. Section 4. The City Manager is hereby authorized to execute a Grant of Temporary Construction EasementiIf in substantially the attached form, on behalf of the City to Miami. _- Section 5. This Resolution shall become effective -- - immediately upon its adoption. 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City =r Attorney, including but not limited to those prescribed by `= applicable City Code and Charter provisions. 6 2 93— 13 w: a PASSED AND ADOPTED this _14th day of January , 1993. ATTES a MAT HIRAI CITY CLERK SUBMITTED BYz WALDEMAR E. LEE ACTING DIRECTOR OF PUBLIC WORKS LEGAL REVIEW BY: %IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: a 9. QUINN 404ES, III CITY ATTCY M3339/IMA/bjr -3- ._ XAVIER L. 5 E2 OR 93- 13 1/15/93 GRANT OF TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of 19 , between THE CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter called the GRANTOR, and the FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter call the GRANTEE; W I T N E S S E T H: THAT, the GRANTOR, for and In consideration of the sum of ONE DOLLAR (S1.00) 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 Temporary Construction Easement, for use as a staging area for the bridge glyders,concrete bridge segments and other related work for construction of the MacArthur Causeway high level bridge and roadway approaches hereinafter called- the Project, on the property of the GRANTOR, known as parcels 701 and 702, as shown on the attached Exhibit "A" and described as follows, to wit: - 1 - 93- 13 PARCEL 701 PROJECT 87060-2549 All that portion of WATSON ISLAND as shown on the Florida State Road Department (now known as the Florida Department of Transportation) Right of Way Map for State Road No. A-1-A, known as Section No. (8706-112) 87060-2117 recorded in Plat Book 68 at Page 44 of the Public Records of Dade County, Florida, lying in Township 53 South, Range 42 East, Biscayne Bay, Dade County, Florida and being more particularly described as follows: COMMENCE at the P.C. station 35+57.40 of the Baseline of Survey as shown can the above mentioned Right of Way Map; thence run S60012126"W, for a distance of 65.00 feet to a point of intersection with the Southwesterly Right of Way line of said State Road No. A-1-A; thence run N29047134"W, along the Southwesterly Right of Way line of said State Road No. A-1-A, for a distance of 768.43 feet to a point of intersection with the East line of a Tract labeled "Helicopter Landing Field" as shown on above mentioned Right of Way Map; thence continue N29047134"W, along the Southwesterly Right of Way line of said State Road No. A-1-A, for a distance of 50.20 feet to the POINT OF BEGINNING of the following described parcel of land; thence run S73016007"W for a distance of 688.68 feet to the point of intersection with the Easterly Right of Way line of the abandoned State Road No. A-1-A as shown on said Right of Way Map for Section 87060-2117; thence run N16043153"W, along the Easterly Right of Way line of said abandoned State Road No. A-1-A, for a distance of 300.00 feet to a point of intersection with the South line of a Tract labeled "Rented Monthly To The Goodyear Tire & Rubber Co." according to said Right of Way Map; thence run N73016107"E, along said South line for a distance of 613.65 feet to the point of intersection with the Southwesterly Right of Way line for said State Road No. A-1-A and a point of intersection with a circular curve being concave to the Southwest and having for its elements a radius of 1367.69 feet and a tangent bearing of S34050109"E; thence run Southeasterly, along the arc of said circular curve to the right and along the Southwesterly Right of Way line for said State Road No. A-1-A, through a central angle of 05902135" for a distance: of 120.38 feet to the point of tangency; thence run S29.47134"E, along the Southwesterly Right of Way line for said State Road No. A-1-A, for a distance of 188.97 feet to the POINT OF BEGINNING. Containing 4.499 Acres, more or less,and -2- 93- 13 mi Em PARCEL 702 C] PROJECT 87060-2549 All that portion of WATSON ISLAND as shown on the Florida State Road Department (now known as the Florida Department of Transportation) Right of Way Map for State Road No. A-1-A, known as Section No. (8706-112) 87060-2117, recorded in Plat Book 68 at Page 44 of the Public Records of Dade County, Florida, lying in Township 53 South, Range 42 East, Biscayne Bay, Dade County, Florida and being more particularly described as follows: COMMENCE at the PC station 35+57.40 of the Baseline of Survey as shown on the above mentioned Right of Way Maps; thence run S60012126"W, for a distance of 65.00 feet to a point of intersection with the Southwesterly Right of Way line of said State Road No. A-1-A; thence run N29047134"W, along the Southwesterly Right of Way line of said State Road No. A-1-A, for a distance of 1007.60 feet to a point of curvature of a circular curve being concave to the Southwest and having a radius of 1367.69 feet; thence run Northwesterly along the Southwesterly Right of Way line of said State Road No. A-1-A and along the arc of said circular curve to the left, through a► central angle of 48052142" for a distance of 1166.76 feet to a point of intersection with the Northeasterly Right of Way line of the abandoned State Road No. A- 1-A shown as Existing Right of Way Line on said Right of Way Map, and with a circular curve being concave to the Southwest and having for its elements a radius of 433.06 feet and a tangent bearing of S42e28121"E; said point being the POINT OF BEGINNING of the parcel of land hereinafter to be described; thence run Southeasterly along the said Northeasterly Right of Way line and along the arc of said circular curve to the right, through a central angle of 11022135", for a distance of 85.99 feet to a point; thence run S7301610711W, over and across the said abandoned Right of Way for State Road No. A-1-A and of other lands, for a distance of 247.82 feet to the face of the Steel Pilings an shown on said Right of Way Map; thence run N16043153"W, along the face of said Steel Pilings, for a distance of 140.00 foot to a point on the Southerly Right of Way line of said State 'Road No. A-1-A; thence run S88650025"E, along the Southerly Right of Way sine of said State Road No. A-1-A, for a distance of 79.52 feet to a point on the Southwesterly Right of Way line of the said abandoned Right of Way for State Road No. A-1-A; thence run N87001121"E, over and across the said abandoned Right of Way, for a distance of 146.92 feet to the POINT OF BEGINNING. Containing 240979 square feet, more or less. -3- 93- 13 The term of this Grant of Temporary Construction Easement shall be for a three year period commencing upon the date of execution of this Instrument provided, however that if the Project Is completed prior to the expiration of said three year period, this Grant of Temporary Construction Easement shall terminate upon the completion of the Project. GRANTEE agrees to permit GRANTon,s City Manager or his designee to enter upon the Temporary Construction Easement during working hours for any purpose GRANTOR deems necessary to, Incident to, or connected with the performance of GRANTOR'S duties and obligations hereunder or in the exercise of Its rights and functions. GRANTEE agrees that no construction, repairs, alterations or Improvements may be undertaken by it upon the Temporary Construction Easement unless the plans: A. Are first submitted to GRANTOR'S Property & Lease Management Division, for presentation and review by all departments and offices with jurisdiction thereof, and B. Are approved by the Miami City Manager, which approval shall not be unreasonably withheld, and C. Are In compliance with all applicable State, County, and City rules and regulations. - 4 - 93_" 13 r GRANTEE agrees that any such Improvements are to be at the sole cost and expense of GRANTEE. Upon completion of the Project, copies of all paid Invoices, receipts and any other such documents shall be submitted to GRANTOR by GRANTEE. Upon the termination, cancellation or expiration of the Temporary Construction Easement, all permanent Improvements, In their then existing condition, shall become the property of GRANTOR without any compensation due to GRANTEE. GRANTEE accepts this Grant of Temporary Construction Easement and hereby acknowledges that GRANTEE's compliance with all laws of the State of Florida, Ordinances of the City of Miami and Dade County, Florida, pertaining to the operation and maintenance of the Temporary Construction Easement, including but not limited to building codes and zoning restrictions, Is a condition of this Grant of Temporary Construction Easement and GRANTEE shall comply therewith as the same presently exist and as they may be amended hereafter. Unless otherwise provided herein, GRANTEE shall provide all utilities, including but not limited to, electricity, water, gas garbage and sewage disposal. GRANTOR and GRANTEE agree to Insure or self Insure their respective Interests In personal property to the extent each deems necessary or appropriate and hereby mutually waive all rights to recovery fdr 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 Temporary Construction Easement. 93- 13 GRANTEE agrees to Indemnify, hold harmless and defend GRANTOR, Its agents, employees and officials against and from any and all claims, demands, actions, causes of action, suits and all other liabilities on account of or growing out of personal Injuries or death to the GRANTEE'S agents, employees, contractors or subcontractors, or to any third party, or by reason of property damage suffered by anyone as a result of this Grant of Temporary Construction Easement. it is the Intent of this provision to absolve and protect GRANTOR, Its agents, employees and officials from any loss arising out of the GRANTEE'S use, possession, or control of the Temporary Construction Easement, and particularly resulting from the performance by GRANTEE, Its agents, employees, contractors or subcontractors of work related to the construction of the Project. GRANTEE shall maintain, utilize and conduct any activities upon the Temporary Construction Easement In a proper and safe manner at GRANTEE'S sole cost and expense. This Grant of Temporary Construction Easement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. All notices or other communications which shall or may be given pursuant to this Grant of Temporary Construction Easement shall be In writing and shall be delivered by personal service or by registered mall 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 mall, on the fifth day after being posted or the date of actual receipt, whichever Is earlier. 93- 13 V-0 � r 0 r NOTICE TO GRANTOR NOTICE TO GRANTEE City of Miami State of Florida City Manager Dept. of Transportation Attn: Property & Lease 1000 N.W. 111 Avenue Management Division Miami, FLorlda 33172 Post Office Box 330708 Miami, Florida 33133-0708 Title and paragraph headings are for convenient reference and are not Intended to confer any rights or obligations upon the parties to this Grant of Temporary Construction Easement. Upon termination of this Grant of Temporary Construction Easement by lapse of time or otherwise, GRANTEE shall promptly and peacefully surrender and deliver possession of the Temporary Construction Easement 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 grant of Temporary Construction Easement. Such amendments shall be effective only when signed by both the GRANTOR and GRANTEE and shall be Incorporated as a part of this Grant of Temporary Construction Easement. This Grant of Temporary Construction Easement shall be construed and enforced according to the laws Qf the State of Florida and venue shall be In Dade County, Florida. In the event any paragraph, clause or sentence of this Grant of Temporary Construction Easement or any amendment thereto Is declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject Grant of Temporary Construction Easement and the balance of the Grant of Temporary Construction Easement shall not be affected by the deletion thereof. 7 -' 93- 13 g Bath parties hereby agree that they shall comply with al applicable laws, ordinances and codes of Federa;, State and local } governments as they apply to this Grant of Temporary Construction Easement. 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 faliure of either party to Insist upon the strict performance of any of the provisions or conditions of this i +" Grant of Temporary Construction Easement shall not be construed q t I as waIvIng or relinquishing in the future any such covenants or condltlons but the same shall continue and remain In full force i 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 falls to -- cure said default within 30 days of receipt of written notice of default. GRANTOR shall have the right to terminate this Grant of Temporary Construction Easement. GRANTEE shall provide GRANTOR with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by GRANTOR. If GRANTOR falls to cure said default within 30 days of receipt of written notice of l default. GRANTEE shall have the right to terminate this Grant of Temporary Construction Easement. a _ 9 3 -- 13 IN WITNESS WHEREOF, THE CITY OF MIAMI, a municipal corporation of the State of Florida, In the County of Made, 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 19 A.D. THE CITY OF MIAMI, FLORIDA By: Cesar H. Odlo City Manager LEGAL REVIEW BY: ATTEST: G. Miriam Maer Matty Hirai Chief Assistant City Attorney City Clerk APPROVED AS TO FORM AND APPROVED AS TO DESCRIPTION: CORRECTNESS: A. Quinn Jones. III Waldemar E. Lee City Attorney Acting Director of Public Works APPROVED AS TO FORM AND STATE OF FLORIDA, Department CORRECTNESS: of Transportation By: Attorney for State of Florida Department of Transportation Attest: - - 93- 13 Immu C4 EXHIBIT 11A1t 4SI�AAi A01[i� Aw►lnV • I1 awws *at* wr{ #~ froo SR A-1-A Ago Wq 41060-2011 /A{o{rM0 A!O M. P4. 44). Mr0{I mwln{I{n{ ro gRwood. • Q Sto 24.23.23 1611.00' AT) • I Ste 13.26.04 16S.00• Ail Z Ste 201.94.90 1195.17• AT) • 11 Ste 11•TS.*S 193.T2' AT1 !< 4T•el'!1 rt � t Sto 201.01.12 40WIV AT . i Ste 10-90.3-0 197.00• A71 Sto 219.14.54 IGS.001 ATI Ste 27.34.97 46S.00• NTI ?kb. qCF •'POO MGcARTHUR CAUSEWAY r ! �'t'•`�� 4' E 30 3S s m Tfi I �.�• 45.R. 0 s • - 3• Q2. 35• + 1 . 40.23• + R 196T.is• CO s 32`!G•SY •E o p ^1 Y' O + WATSON . ISLAND 0 1 « THIS IS NOT A SURVEY FLORIDA DEPARTRENT OF TRANSPORTATION i 11141111 1IF 1lAV SURKTING AM W PP111G PARCEL SKETCH STATE ROAD NO. A-1-A DADE COUNTY p Sol" D I SCAYNE DAY a••1 iL"a BMW SAETCH OF PARCELS OiEA PAACEI AKA PAAENT TMWT COMMENTS m ITY CF MIAMI 4.4" Ac. 1 ITT OF MIAMI 24.919 SF tAACEQ Y�AKE uiritt 701 702 Cb[c{[o llamas vista! _ tr.P.l. A0. x, �. �. � ,,,� SECTION 0706© -� 2SIi9 .. � ,1-�,��,, i s CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM - TO : Honorable Mayor and Members DATE FILE of the City Commission SUBJECT Asso I ut i on Granting Temporary Construction Easement to the Florida Department of Transportation for MacArthur Causeway Bridge FROM : REFERENCES: Cesar H . Od i o ENCLOSURES: Resolution, Location Map - City Manager RECOMMENDATION: It is respectfully recommended that the City Commission adopt _ the attached Resolution granting an temporary construction easement to the Florida Department of Transportation for use by the department of two parcels on Watson Island for construction staging for the new MacArthur Causeway Bridge. BACKGROUND: The State of Florida Department of Transportation has requested the use of two small parcels on Watson Island for a staging area for the bridge girders/concrete bridge segments and other related work for the construction of the MacArthur Causeway high level bridge and roadway approaches. The use of the two parcels on Watson Island by the State of Florida does not conflict with any planned development in the Island or other existing operation. The term of the temporary construction easement year period of time or until the completion of of said protect If sooner. a - Is for a three the construction 93- 13 N TL p"l of 11APA"ll LOCATION MAP PROPOSE► FLORIDA DEPARTMENT OF TRANSPORTATION TEMPORARY CONSTRUCTION EASEMENT