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HomeMy WebLinkAboutR-93-011691 WITH •.M;il • . i GRANT OF INSTALEATIM AND MAINTMANCE OF AN CONSWCATIONS 71RAHMISSICK LINK AND APPMUMANCE8 UNDER, AND MOUMcnyOF KrAMI • • u• ;i'a LCCATED l: VnVJX1A KEY,SUBM= M A VOLUNTARY DONATION • THE CITY IN O1 ACCEPTABLE ; • 00 Mr ! :a• Mt I:a• JR. AND Y.1; CITY KAWMR;"1RY:I:A' EASEMENT ON BEHALF OF 7HEcny. •Idt' ' a -WWII • a:: •� :J a•L • : • • •'U : : • • - • • • L• ;VIWZ51�041;1z� .-Zug Biscayne were affected, resulting In a temporary iso-lation of servioe to the �r in order to avoid future outages such as this to Key Biscayne, Southmm Bell is proposing to immediatelyoonstruct a land based c• n • . itissilm :1'.a'K • a •r• : n a •Z • : • .a • 3 • •nrn • a: •r• - --1 • a northern ••1 •1• of Virginia • housed in •" • • conduit and • :aced using • )tional boringtechnology - • has • eJ e•a voluntary• •n •1• to the City in an amount aoceptable to ♦•+urt _. •uJ.L. Plumer, Jr. and the QLty N.: • • "AT TAENMENT(S) CONTAINED CITY !'CM KEEP NG or FEB In a t993 A•solutim Na 93- 116 WHEREAS, during the dril.limg process the 000logy of Virginia Key would remain trtdistwcbel and at no tim would the surfaos of Virginia Key be affeoted either during or after the baring operation; and WHEREAS, the route for the new c mamuii.oation tranwdasion Zink and = appurtenance will require an easement through City Of Miami property east of the Metro --Davie Wastewater Treatment; FaraMty on Virginia Ivey; and WHEREAS, Southern Sell. Shan provide aoaurate! "As-Bail.t" mee�u to and drawings to the City taken froma aotual field infornnati.on at the oompleti.on of the link oonstruotion; and WHEREAS, A t is now r orderfor the City to approve the granting of • oreeaJA easement to Bell South ' • m ..• a: •n •.• • • authorize the City Manager to emecute sMA Grant of Easement; l • Y:I:i" tl •t"1: :1: •�:+r�•1 :I� Y 1: •• i ,• •; • ' Y,1: N, •1' ti■ �� �O• •�• hia S• •• •:-- ••,• •.tea • •Lk Z7, 114 .� y Section 2. Mie grant of Easement to Hell South Teleao .�tia�s, Ino. d/b/& Smtli= Bell Telephone and Telegraph (kepany for its s•uc n • •,• •� •n and vaJ • G•: w: of an unlerground a•nrn Mi •s •m sw.n_n_ link and appurtamnoes ux-d and through City of Miami property looated on Virginia Key is hereby approved, subjeot to a voluntaxy dmation to the City In an amount ameytable to - J.L. Plummer, Jr. and the ��4 93- 116 -2- Seoti.on 3 . ne City Mw)ger is heTeby auth=i.zed to evicecArte a Grant of EBBmmt,l/ in w1betantia1ly the atitaohed form, on beb&U of the Mty of SWUM 4. pia Resolution aW. beOOMe effeotive imapeWAteay uPM its wm*�' /IM � s•_ �: it n • •u: ff t� 93- 116 -3- 1/15/93 GRANT OF EASEMENT THIS INDENTURE, made this day of 19 between THE CITY OF MIAMI, a municipal corporation of the State r of Florida, hereinafter called GRANTOR, and the BELL SOUTH TELECOMMUNICATIONS, INC. D/B/A SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, a Georgia corporation, 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, the right, privilege and an easement to construct, reconstruct, lay, Install, operate, maintain, relocate, repair, replace, Improve, remove and Inspect a underground communication transmission link and all appurtenances thereto with full right to Ingress thereto and egress therefrom, on the property of the GRANTOR, described as follows, to wit: (Sea attached Exhibit "A", pages 1, 2 and 3) 93- 116 The GRANTEE shall regulate Its Installation and future operations so as not to conflict with normal operations of the GRANTOR; however, 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, charges it may suffer, sustain, or In any wises to be subjected to on account either of the Installation or maintenance, repair, use or existence of the GRANTEE'S facilities within said easement. The GRANTOR shall be given 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 condition acceptable to the GRANTOR. The GRANTEE during the course of Installation and future operations, shall not encroach beyond the boundaries of the above easement or any other easement that may be granted by the GRANTOR. 93- 116 - 2 - 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 this easement. 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. 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 , 19 A.Q. ATTEST: Secretary LEGAL REVIEW BY: G. Miriam Maer Chief Assistant City Attorney BELL SOUTH TELECOMMUNICATIONS, INC. D/B/A SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY. A Georgia Corporation By: THE CITY OF MIAMI, FLORIDA By: Cesar H. Odlo City Manager ATTEST: Matty Hirai City Clerk APPROVED AS TO FORM AND CORRECTNESS: APPROVED ASTO DESCRIPTION: 1/tJ ► C.� A. Guinn Jones, III Waldemar E. Lee City Attorney Acting director of Public Works - 3 - 93- 116 I rtra r �4rc taa>r .�hnV.a' Dort' or 441WIF rla 7f Elil}} fArw o R >rK 14&9r c * g LL4 fv Wsh or 4 w New v a-aasrtrxn 1ht44. tr lAr4rprt ~4�•t Mmar rtrYrtr ha/b' � Mtmsr rrara raatr *aaw rrntr maw op • "4u 4r rtry tr rK 4r lrtu at rrww rp,4T wr4rin ■rrwl "aar a-worar 4-aw bw4 w rl•' it4r k" Q, �. EXHIBIT tlAtt �a N aQ4r rlKtr rN.1a' to a-mw rtt•DrK rR7r P LL4r "rw4r rt4ar � �a f _ e/ a�3 SCHWEEKE - SHISKIN & ASSOCIATES, INC. t.AW SURVEYORS a E *G*IEERS a ARCHiTECT3 . 3240 CORPORATE WAY • WALMR, FL 33025 ORDER NO. -147 /77 PhPA D U Y UPERV/SION GATE /P--4! • I� �'^7� TlaS IS NOT A 'LAND SURVEY' FLA. PROF LAND SURVEYOR No.....si r. MFF 4 16 p t ` LEGAL DESCRIPTION THREE FOOT (3') EASEMENT A portion of Sections 9 and 16, Township 54 South, Range 42 East, Dade County, Florida lying and being in Virginia Xey and being more particularly described as follows: Commence at the Southwest corner of the said Section 9; thence North 89 degrees 35 minutes 46 seconds East along the South line of the said Section 9 for 3690.30 feet to the Point of Beginning of the Centerline of a three foot (31) wide easement; thence South 10 degrees 55 minutes 08 seconds East for 172.99 feet to a Point of Curvature; thence Southeasterly along the said circular curve to the right having a radius of 1151.50 feet and a central angle of 11 degrees 04 minutes 52 seconds for an arc distance of 222.70 feet to a Point of Tangency; thence South 00 degrees 09 minutes 44 seconds West for 193.02 feet; thence South 02 degrees 48 minutes 38 seconds East for 173.41 feet; thence South 04 degrees 08 minutes 07 seconds East for 82.81 feet to a Point of Curvature; thence Southeasterly along said circular curve to the left having a radius of 1273.52 feet and a central angle of 04 degrees 26 minutes 06 seconds for an arc distance of 98.58 feet to a Point of Compound Curvature; thence Southeasterly along said Compound curve to the left having a radius of 459.95 feet and a central angle of 05 degrees 36 minutes 55 seconds for an arc distance of 45.08 feet to a Point of Tangency; thence South 14 degrees 11 minutes 09 seconds East for 66.58 feet to a Point of Curvature; thence Southerly along the said circular curve to the right having a radius of 416.35 feet, and a central angle of 19 degrees 34 minutes 03 seconds for an arc distance of 142.19 feet to a Point of Compound Curvature; thence Southwesterly along the said Compound Curve to the right having a radius of 273.98 feet and a central angle of 17 degrees 37 minutes 27 seconds for an arc distance of 84.28 feet to a Point of Compound Curvature; thence Southwesterly along the said Compound Curve to the right having a radius of 1322.54 feet and a central angle of 03 degrees 28 minutes 35 seconds for an arc distance of 80.24 feet to a Point of Reverse curvature; thence Southwesterly along the said Reverse Curve having a radius of 874.95 feet and a central angle of 06 degrees 03 minutes 13 seconds for an arc distance of 92.44 feet to a Point of Compound Curvature; thence Southerly along said Compound Curve having a radius of 486.41 feet and a central angle of 11 degrees 07 minutes 18 seconds for an arc distance of 94.42 feet to a Point of Compound Curvature; thence Southerly along the said Compound curve having a radius of 461.40 feet and a central angle of 08 degrees 04 minutes 03 seconds for an arc distance of 64.97 feet to a Point of Tangency; thence South 01 degrees 14 minutes 21 seconds West for 92.67 feet to a Point of Curvature; thence Southwesterly along the said circular curve to the right having a radius of 219.28 feet and a central angle of. 20 degrees 55 minutes 02 seconds for an arc distance of 80.05 feet to a Point of Reverse Curvature; thence Southwesterly along the said Reverse Curve to the left having a radius of 4574.20 feet and a central angle of 01 degrees 11 minutes 02 seconds for an arc distance of 94.51 feet to a Point of Compound Curvature; thence Southerly along the said Compound Curve to the left having a radius of 92.40 feet and a central angle of 35 degrees 54 minutes 11 seconds for an arc distance of 57.90 feet to a Point of Compound Curvature; thence Southeasterly along the said Compound Curve to the left having a radius of 193.52 feet and a central angle of 11 degrees 28 minutes 28 seconds for an arc distance of 38.76 feet to a Point of Compound Curvature; thence Southeasterly along the said Compound Curve to the left having a radius of 210.46 feet and a central angle of 27 degrees 53 EXHIBIT °A" Page 2 of 3 i F 1+ SCHWE13KE - SHISKIN & AssOCIATES, INC. LAND SURVEYORS @ ENGMERS • ARCHTECTS a 3240 CORPORATE WAY • MIRAMAR, FL 33025 ORDER No. /6 % / 7 7 i DATE- TH13 IS NOT A *LAND SURVEY' P PAR UN UP RVI8ION ! : ������ FLA. PROF LAND SURVEYOR No.rAM 9►3- 116 = t" i utes 43 secc� for an arc distance of 102.46 fast }'thence South 35 degrees 41 minutes 59 seconds West along a line radial to the last described curve for 32.55 feet to the Point of Terminus of the said centerline. Together with Begin at the aforementioned Point of Beginning; thence North 00 degrees 24 minutes 14 seconds Pest for 127.50 feete thence North 89 degrees 35 minutes 46 seconds East for 108.70 feet more or less to a Point on the centerline of an existing ten foot (10') easement, said point also being the Point of Terminus of the herein described centerline; the said 10 foot easement being recorded in Official Records Book 11357 at Page 560 of the Public Records of Dade County, Florida. Bearings mentioned herein are based on an assumed bearing of North 89 degrees 35 minutes 46 seconds East along the South line of Section 9, Township 54 South, Range 42 East. Refer to Schwebie-Shisiin rF Associates, Inc. Tide No. AJ-3000 for additional information. EXHIBIT "A° Page 3 of 3 SCHWEBKE - SHISKIN & ASSOCIATES, INC. LAND SURVEYORS a ENGMtEERS • ARCHITECTS • 3240 CORPORATE WAY • WRAMAR, FL 33025 ORDER No. 147177 PREPA U OE VUPERVISION DATE /2- Q- Je ►K ft TKS IS NOT A `LAND SURVEY' FLA. PROF LAND SURVEYOR No. 9 CITY OF VIAV1, FLORIDA INTER -OFFICE MEMORANDUM 1 TO : Honorable Mayor and Members DATE : FED vy - 1 `JJ`SJ11993 FILE : of the City Commission sua,ECT Resolution Granting Easement to Bell South Telecommunications on Virginia Key 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 easement to Bell South Telecommunications, Inc. d/b/a Southern Bell Telephone and Telegraph Company to Install a underground communications transmission link from Virginia Key to Fisher Island. 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 a S foot wide easement to Bell South Telecommunications, Inc. d/b/a Southern Belt Telephone and Telegraph Company through city owned property on Virginia Key adjacent to the Metro -Dade Wastewater Treatment Facility. During Hurricane Andrew, service to and from Key Biscayne was Interrupted due to damage to Southern BeII's facilities serving the Island. Presently that service is provided via radio and during Hurricane Andrew Southern Bell's antennas serving Key Biscayne were affected, resulting In a temporary Isolation of service of the Island. in order to avoid future outages such as this to Key Biscayne, Bell South Telecommunications proposes to Immediately construct a land baser transmission link from Fisher Island to Key Biscayne via Virginia Key. This plan will provide for an emergency back up facility and Insure continuity of service to the Island. To construct this link Belt South Communications Is requesting permission to place a cable beneath the northern portion of Virginia Key, housed in a five Inch conduit and placed using directional boring technology. The only permanent structure will be a small handhole at the drilling site for access to the cable. / 93- 116 l� Ak 11 EELL.SOUT� *, EASfEMEN LOCATION MAP 93-- 116