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HomeMy WebLinkAboutR-93-0520e J-93-616 8/25/93 RESOLUTION NO. J 520 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF TEMPORARY CONSTRUCTION EASEMENT IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE FLORIDA DEPARTMENT OF' TRANSPORTATION (THE "FDOT") AND THE CITY OI' MIAMI GRANTING A TEMPORARY CONSTRUCTION EASEMENT TO FDOT FOR THE PROPERTY KNOWN AS "PARCEL 700" ON WATSON ISLAND, FOR THE REPAVING OF THE INGRESS AND EGRESS AREA OF THE ACCESS ROADS TO WATSON ISLAND SUBJECT TO THE CONDITIONS MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE ;:ITY MANAGER TO EXECUTE A GRANT OF PERIvil,NENT EASEMENT IN SUBSTANTIALLY THE ATTACH, D FORM, BETWEEN THE FDOT AND THE CITY OF MIAb.I GRANTING A PERMANENT EASEMENT TO FDOT FOR THE PROPERTY KNOWN AS "PARCEL 801" ON WATSON ISLAND, FOR THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF SIDEWALKS ON CITY -OWNED LAND; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FDOT AND/OR THE FEDERAL AVIATION ADMINISTRATION WHICH MAY BECOME NECESSARY TO IMPLEMENT SAID GRANTS OF EASEMENT. WHEREAS, the (FDOT) is currently rebuilding and widening State Road A-1-A (MacArthur Causeway); and WHEREAS, FDOT proposes to repave the ingress and egress areas of the access roads to Watson Island so there will be a smooth transition in the level of pavement from the rebuilt MacArthur Causeway to the Watson Island access roads; and WHEREAS, in order for FDOT to perform the necessary construction work for the repaving of said ingress and egress areas, a Grant of Temporary Construction Easement is required; and A T 7 A C NA EHT�d� CC°h l A I N, E CITY Ct.'y)+_0� 11XSSION SResolution No. S FJ i.�a 0 WHEREAS, the City feels it is necessary to construct sidewalks along MacArthur Causeway in order to provide a safe passage for pedestrians; and WHEREAS, FDOT requires a Grant of Easement of City -owned land in order to construct, install and maintain said sidewalks; and WHEREAS, a portion of the Grant of Easement for construction of sidewalks falls within the boundaries assigned by FDOT and designated by the Federal Aviation Administration (FAA) as Miami Heliport X48; and WHEREAS, it may become necessary to amend the boundaries of the property designated as Miami Heliport X48; 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 authorized to execute a Grant of Temporary Construction Easement, in substantially the attached form, between FDOT and the City of Miami granting a temporary construction easement to FDOT for the property known as "Parcel 700" on Watson Island for -the repaving of the ingress and egress area of the access roads to Watson Island, subject to vehicular access to Watson Island remaining available throughout the term of said Grant of Temporary Construction Easement. -2- 9 3 - �t0 Section 3. The City Manager is hereby authorized to execute a Grant of Easement, in substantially the attached form, between FDOT and the City of Miami granting a permanent easement to FDOT for the property known as "Parcel 801" for the construction, installation and maintenance of sidewalks on City - owned land. Section 4. The City Manager is hereby authorizedl/ to execute any documents, in a form acceptable to the City Attorney, with the FDOT and/or the FAA, as may become necessary, in order to implement said Grants of Easement. Section 6. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of Se em �, 1993. XAVIER LJ UAREZ, MAYOR AT S ,�_ / CITY CLERK PREPARED AND APPROVED BY: ��� 111?d8X&= IRMA M. ABELLA ASSISTANT CITY ATTORNEY M3818/IMA/bjr APPROVED AS TO FORM AND CORRECTNESS: A. Q INN ES, rii CITY AT NEY 1/ 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 Code and Charter provisions. -3- 93- 520 i GRANT OF TEMPORARY CONSTRUCTION EASEMENT BETWEEN CITY OF MIAMI AND FLORIDA DEPARTMENT OF TRANSPORTATION THIS INDENTURE, made this day of , 1993, 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 called the "GRANTEE"). GRANTOR, for and in consideration of the sum of one dollar ($1.00) 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 the purpose of repaving the ingress/egress area of the access roads to Watson Island, (hereinafter called the "PROJECT"), on the property of the GRANTOR, (hereinafter called the "PROPERTY"),known as Parcel 700, as shown on Exhibit "A" attached hereto and made a part hereof, and described as follows: 93- 520 1 PARCEI, 700 PROJEcr 87060-2515 That port-io)1 of land located on Watson I I and, adj0ininq the Northens t-rty Right of Way 1.i11e of State Road A -I - A (Mac Arthur Causeway) a, shr-wn on t.hn ,tale of Florida State Road Department Right of. Way Map fot Sfn t- i on 8 1060-21 1.7 , f i Ind f.or rnc:or_d under Road Map Hook 68, aL Fage 4,1, of the Pohl is Rerc,rd of bade County, FI or tda; 1 y i nil i n Rnr f i c,n i i , Towtufll 1.1) ti.1 ;nnt:h, Range 42 East, City of 1.1i:imi Ila,I 11)1-- Florida, hr,inq Iuo1`r- particularly descr i.hed a!� f r� 1 1 �,�•r_.: COMMENCE al-. I.hn pni nt of t-,i11q-11 } of the 13a!,e 1. i ne of Sur. vey at Station 21-, 190, ni) r,f SLatr, Road A-1-A, as Flinwn nn the above mentioned S1-,I-o 1?oa(l f?np7rhtnent. Right: of Way Map; thence run 52.9°47'.3411f?, along sai.cl Base Iirte of Survey for a distance of 441.42 run ti)n^ l2.' 2.6"F, per.pondicul.ar_ to said Rase line of Survey for a di_st.ance of 65.00 feel- to the point of inter sncL i. )ll of i t h s i i d tinrt.he ,st.er l.y Right-, of Way 1-hie of State Road A-1-A and the 1101HT ()P' BFGiNHING of 1-ho parcel. of Land her. e ina f ter to he descr i hrld ; thence cont i nun, t160 ^ I2 ' 26"E for a distance of 56.QQ feet to a point; thence run S29047134"E, perpendicular Ln the last described cnurr;e, for a distance of 12.5.00 feet 1.n a poi-r1L; thence run S60°1.2'26"W perpendicular to the last descr.ihod course, for a distance of 56-,.00 feet: to the point of intersection with said ffortheasterly Right of Way line; thence run N2904713.1111•1, along said Nortlieast:er..ly Right of Way line of State Road A -I. -A fnr a rll'stance of: 12.5.00 feet to the POINT OF BEGINNING. Containing 7()00 rrtuare f:ent_, more or less. AND That portion of land located on Watson Island, adjoining to the Southwesterly Right of Way line of State Road A -I -A (Mac Arthur Causeway) as shown on the State of Florida State Road Department Right of: Way Map for Section 87060-2.117, filed for record under. Road Map Book 68; at Page 44, of tale Public Records of Dade County, Florida; lying in Section 31., Township 53 South, Range 42 East, City of Miami, Dade County, Florida, bei-ng more particularly described as follows: COMMENCE at the point of tangency of the Base line of Survey at Station 25-1-50.00 of State Road A-1-A, as shown on the above mentioned State Road Department Right of Way Map; thence run S29°4713411E, along said Base line of Survey for a distance of 463.42 feet; thence run S6011212.611W, perpendicular. to said Base line of Survey, for a di -.stance of 65.00 Peet Lo the point of intersection with saj.d Snut:hwesterl.y Right. of Way line of: State Road A -I -A and the POJTIT OF i3EGINNIIIG of the parcel of land hereinafter to k)r' rlescrihed; thence continue S60°1.2.'26"W, for a distance of 49.00 feet to a point; thence run S29°47134"E, perpendicular to tale last described course, for a distance of 94.80 feet to a point; thence run 116001.2126"E, perpendicular to the last described course, for a distance of. 49.00 feel-., to the point of intersection with said Southwesterly Right: of Way, line of State Road A-1-A; thencE run 1129°47'34"1J, along said Southwesterly Right of Way line of Stato Road A-i.-A, for a distance. of 94.80 feet to the POINT OF BhG.tNt1:1t1G. Conn-aini.ng 4645 square feet, more or less. All containing an aggregate area of 1.1, 645 square feet, more or less. MR/05/27/93/11/011 93— 5 ; The term of this Grant of Temporary Construction Easement (hereinafter called the "GRANT"), 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 GRANTOR'S City Manager (hereinafter called the "CITY MANAGER") or his designee to enter upon the Temporary Construction Easement during Grantor's 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 and to guarantee that vehicular access to all areas of Watson Island accessible to vehicles on the date of execution of this instrument, shall be maintained throughout the term of this GRANT. GRANTEE agrees it shall not undertake any construction, repairs, alterations or improvements upon the Temporary Construction Easement unless the plans: A. Are first submitted to the Director of Grantor's Office of Asset and Grant Management for presentation and review by all departments and offices of the Grantor with jurisdiction thereof; and B. Are approved by the City Manager, which approval shall not be unreasonably delayed or denied; and 93- 520 K C. Are in compliance with all statutes, laws, ordinances and regulations of the State, Dade County, City of Miami and any other agency that may have jurisdiction over the Temporary Construction Easement as they presently exist and as they may be amended hereafter. GRANTEE also hereby agrees to pay for and obtain the necessary and applicable permits in compliance with all State, Dade County and City of Miami laws, rules and regulations in connection with any repairs, alterations, additions, partitions or improvements made by GRANTEE to the Temporary Construction Easement; and 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 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 exists and as may be amended hereafter. 93- 520 e *") Unless otherwise provided herein, GRANTEE shall provide all utilities for the PROJECT, 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 placed on the Temporary Construction Easement 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 Temporary Construction Easement. 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. It is the intent of this provision to absolve and protect GRANTOR, its agents, employees and officials for 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. 5 93- 520 i 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 mail 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 serviced, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 1T�TTtiT-m� it +1>>Te-rr� .T�mTiw rm� IY TAT 1iTTTl City of Miami State of Florida City Manager Dept of Transportation Attn: Office of Asset & 1000 NW 111 Avenue Grant Management Miami, FL 33172 300 Biscayne Blvd Way Suite 400 Miami, FL 33133-0708 Title and paragraph headings are for convenient reference only and are not intended to confer any rights or obligations upon the parties to this GRANT. Upon termination of this GRANT 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. 93- 510 6 GRANTOR and GRANTEE, by mutual agreement, shall have the right but not the obligation to amend this GRANT. Such amendments shall be effective only when signed by both the GRANTOR and GRANTEE and shall be incorporated as a part of this GRANT. This GRANT 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 GRANT 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 and the balance of the GRANT shall not be affected by the deletion thereof. Both parties hereby agree that they shall comply with all applicable laws, ordinances and codes of Federal, State and local governments as they apply to this GRANT. 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 GRANT 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. 33- 520 GRANTOR shall provide GRANTEE with written notice of an failure y 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 i default, GRANTOR shall have the right to terminate this GRANT. 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 fails to cure said default within 30 days of receipt of written notice of default, GRANTEE shall have the right to terminate this GRANT. 1 IN WITNESS WHEREOF, the CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Dade, has I caused this instrument to be executed in its name and its r 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. THE CITY OF MIAMI, FLORIDA Cesar H. Odio City Manager LEGAL REVIEW BY: ATTEST: Irma Abella Matty Hira Chief Assistant City Attorney City Clerk 8 Oyam 1 l ' j' i APPROVED AS TO FORM & APPROVED AS TO DESCRIPTION: CORRECTNESS: j A. QUINN JONES, III Waldemar E. Lee City Attorney Acting Director of Public Works j i APPROVED AS TO FORM & STATE OF FLORIDA, Department CORRECTNESS: of Transportation I i Attorney for State of Florida Department of Transporation ATTEST: i i i i i �i j j 1 93- 520 9 . NOTES( gs 8 @ survey data were token from SP A-1-A R/YI L400 87060-2117 led RAC 68. PG. 441. (Z Const. -from StO. 214.54.04 Ahead agrees vIfh t. B @ Survey of State Project 87060-3515. Parcel dimensions Ore coRTDuted. rk 220.67.00 (12l' Lt.) - 5° 16' 57" E 29.91.42 (121' Lt.I L 130.25' fL 214.54.04 171' Lt.) T 65.17' @ 23.87.59 180.75' 1-t.1 R 1412.69' N 60°12'26- E CE - S 3.:'26'03'E 80I 56.00' PART A 13.30.65 (71Lt.) fE 220.67.00 171' Lt.1 2 65.36 '95.07' Lt.1 EASEMENT LINE 29.91.42 17l' Lt.l S 35.04'31 - / S 29°47-34- E 1 S 29 47 34 - E P/w LINE '� + 301 .60'-- 441 j 42 743.02' � I Jr-- I I ;ART 'UR- IC AUSEWAY ( S • R • A - I - A ); 4 220.67.00 (65' Lt.I/ INSTR. --,, 7 5 @ 29.91 .42 165' Lt. 1 \214 I lzls 216 I I LJ 24 PART B p 00" L 1 48.0 0' @ SURVEY T 74.o7' 80! R C8 1367.69' S 32°53' 34'E EXIST. R/M LINE -- _ �- S 29.47-34" E ATA (as 87060-2117) o- n N 6 2 SURVEY < v - Z 214-77.86 (T3.00' Rt.) @ 23.95.29 (65' Rt.1 TA 18.60.85 ` ti TB•S 35.59'34 `c 62. 00' 00- RT 14°00'00" ° :v .Id52.75, ` 1550.00, ORD DEFINITION) e m C 5FC PART Asc4� 7 00 F: 271.92.00 (121 Lt.l EASELCNT LINE Sj N 60.12.26" E RCF j S 29°47'34' E / 56.00' 125.00' C 2.'1.92.00 c65' Lt. � � }1.1(,.42 :65Lt.) � S 9.47'34- E C 222.75.00 IOi 00'a65' Lt.l Nj2•�INE/.ASA£ft 31 -99.42 165'Lt.a125.00; W �j/L jO1 LI (N ,.._I 7 6.00 � EX!5 R W LINE 65.00' 1 60.00' N 60•I<^'26' � PART C E 222.65.00 (ES' Lc. ��a��,i N +I� '7@ 31 •89.42 (65' L'. CONS7. 8 N SURVEY 221 0- I N 311 122 J Y ` J 4 225 1 R, I v+ CE 221 -83.8D 165' Rt. 1 2914 ( 34 Q 220•09.00 (65' Rt. I ' mI b' @ 31 •08.22 165' Rt. I N 60° 12 D. 30.13.42 (65, Rt.) 43.0051.60' ( 225-66.15 (65' Rt.) 4.0 PART D 8 01 @ 34.90.57 165' pt.)�\ m) 4.00' II / �+ 463.42 940,57' S 29.47.34- E � rxIST. Pm (tNE 1 - 29.47134' E 3B2.35' 1�- oEA5ELENT LINE o uQ EASEAEN7 LINEv9.00/%% / N 60.12*26" E / THIS IS NOT A SURVEY - -- rE zoo (73' Rt. ) S 29.47.34' E FLORIDA DEPARTMENT OF TRANSPORT) ° @ 30-13.42 (73 Rt.) 94•BO' RIGHT OF WAY SURVEYING AND MAPPING a. 4 N I H 220.89.00 1114' Rt.) 1- 30.13.42 O(4' Rt.) PARCEL NO. NAME I PARCEL AREA I PARENT TRACT I COu.ENTS 801-A J CIT1 OF UTAUI I 4198 SF I WATSON ISLAND 601-8 I CITY OF UTAU1 I 1496 SF 1I I WATSON ISLAND 1 801-C I CITY OF VIAUI I 60 SF I WATSON ISLAND 801-0 I C)TY OF WI WI I 15-0 SF I ■ATSON ISLAND 7D0•♦ 'ITT OF UTAUI I ?OGo SF I WA TSON ISLAND 700-6 ! CITY Or UTAUI I .645 SF I VATSON ISLAND PARCEL SKETC�- i zoo PART 8 STATE ROAD NO. A-1-A DADE DATE i~ 221 •63.80 ( 1 14' Rt.) DRAWN 1 V. RICE ! i!1993 I SKETCH OF P AF � 31.OB•22 1114' Rt.) TRACED m. RICE 5/!993 801 8 700 CHECKED RERNANDE: 1 5/1993 DAPS PREPARED 81 i DISTRICT~ :•e. NO.: Nil I W.P.I. NO. 611416i (SCALE: 1'= 50' 1 SECTION 87060 2515 (SHEET I REVISION I BY I DATE AND FLORIDA DEPARTMENT OF TRANSPORTATION THIS INDENTURE, made this day of , 1993, 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 called the "GRANTEE"). RECITALS GRANTOR, for and in consideration of the sum of one dollar ($1.00) 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 an Easement on Watson Island with full right of ingress thereto and egress therefrom, (hereinafter called the "EASEMENT"), to construct, install and maintain sidewalks and all appurtenances thereto, (hereinafter, collectively called the "FACILITIES"), on the property of the GRANTOR (hereinafter called the "PROPERTY"), known as Parcel 801, as shown on Exhibit "A" attached hereto and made a part hereof, and described as follows : That. portion of land lnrated on Watson Island, adinininq the Nor.thenst.or ly Right of w,iy 1 inn of State Road A--1--A (Mac Arthur Causeway) as shown on thr, SI_at.e of Florida St.at-.o Road Department Right of Play Mal) for r lion R7060-211.7, f i 1#-d for rr-cord under Road Map Hank rR, at Pngn 44, of the i'ubl is Pernrds of Dadn County, Florida; 1 y i ng in Smit 1 on t 1, 'Townsh i p 5 1 SrwO h, Ranee 4 2 Fast, City of Miami , Dadn Cnunl y, Florida, b-ing more particularly descriherl as fnl ws: COMMI1,1CF: al. 1.11„ poilO of- tangonc,y of the Itaf;o l inrn of Survey at Station 25i5n.no of Sknt-.n Road A-1-A, RK shown on the above mentioned Unto Rnatl Department. Right of tarty Map; thence run S29°47' 14"E, along Enid Base 1 inn of Survey for a distance of 441_.42 feet; thrancn rlln 1160'12'26"F, per.pnndic,ul.ar to said Base line of Sur-voy fnr a distance of. 65.00 font to the point of intersecti.nn with said ilortheast-.erly Ri.gl -. of way 1,i.I n of State Road A-1-A and the POINT OF BEGINNING of the parcel- of Land hereinafter to he rlesr'ribnd; thence run N29147'34"W, •aknq said tlor.theast:nrly Right of Play line of State Road A-i--A for a distance of. 743.02 f-nK to a point-_ of cusp, Ming also the point of intersect i nn with a non --tangent. C i.rctll ar (mrv-, concave to the Southwest, having a radius of 1412.69 feet; thenc- from a tangent bear.inq of sty^n4131"R, run Southeasterly along said circular curve to the right through a central angle of 5"1647" for an arc distance of 110.29 feet- to the point of tangency with a line 6.00 feet Northeasterly of and parallel with said Northeasterly Right of Way line of. Sate Road A -I. -A; thence run S29047'3411E, along last described par.allal line, for a distance of 61.2.96 feet to a point; thence S6011212611W, for a distance of 6.O0 feet to the POINT OF BEGINNING. Containing 419R :square feet, more or less. AND That portion of land located on Watson Island, adjoining to the Southwesterly Right of way line of State Road A-1.-A (Mac Arthur Causeway) as shown on the State of Florida State Road Department Right of way Map for Ser-.tion 87060-2117, filed for record wider Road Map Book 6R, at Page 44, of the Public Records of Dade County, Florida; lying in Section 31., Township 53 South, Range 42 Fast, City of Miami, Dade County, Florida, being more particularly described as follows: COMMENCE' at the point of tangency of the Base line of Survey at Station 25f50.00 of State Road A-1-A, as shown on the above mentioned State Road Department Right of Way Map; thence run S29147'34"E, along said Base line of Survey for a distance of 463.42 feet; thence run S6011.2126111-1, per.pendi.cular to said Base line of: Survey, for a distance of 65.00 feet to the point of intersection with sa.i.d Southwesterly Right of Way line of State Road A-1-A and the PO.IN'T OF BEGINNING of the parcel of: land hereinafter to be described; thence continue 5601.12.12611W, for a distance of. 8.00 feet to a point; thence run N29°47'34"W, along a line 8.00 Southwesterly of and parallel with the tangent portion of said Southwesterly Right of Way line of State Road A-1-A, for a distance of 611.1.3 feet to a point of cusp, being also the point of intersection with the said Southwesterly Right of Play line of State Road A-1-A which is a non -tangent- circular curve, concave to the Southwest, having a radii.ls of 1.367.69 feet; t.hnnce from a tangent bearing of S35059'34"F, run Southeasterly along raid Southwesterly Right of l:'ay line and said circular curve to the right through a central. ancil.e of 6°12'00", for an arc distance of 14R.00 feet to the point of tangency; thence run S 29^471141117,, along said Southwesterly Right of Way line of State Road A- i --A, for a distance of 463.42 feet to the POINT OF' Bi,GItill TNG. r�nntn i n i nd 4 , -196 squarn fret, more or ins s. 93- 520 AND That st-r-ip of irl f.O(, feet i.n width locate.•, on Watson Island, lying Nor.theastorly and adjoining t-.hn llnrt-h-astorly Right. of Way line of St:ato Rnad A -] -A (Mac nriAmr Cmism ay) as shown on the State of l'lorida Stat.r, Rnad Oopartmnttt Right of Way Map for Section 87060-211';, fi lid for ro-aid midor Pond Mall flock 68, at. Page 44, of the Public Rn� �.�rd r,f [Mdn Cnmity, Florida; Stations 31 1 89.42 and 11 1 c19 . -12 O1 the 13ase 1 i nn of Survey of said Right of Way itah, lying in Ruction 31., 'Township 51 South, Range 42 East. Containing 1-ii :(Blare fr-r,t:, mnro or less, AND That strip of land 4.00 feat in wi.dtlr, l)catnd on Watson .Island, lying Sout'hwnster.ly and ad joi.n.ing the Southwesterly Right of Way line of State Road A-1.-A (Mac. Arthur Causeway) as shown on the State of Florida State Road tInpartment Right of Way Map for Section 87060-21.17, f i loci for record under Road Map Bonk 68, at Page 44, of the Publ.i.c RecnrdF; of Ctadn County, Florida, botween Stations 33. 1- Ot1.22 and 3-1 1 C)0.9'i of tho Base lino of Sur•,ey of said Right of Way Map, l.yinct in SQct-.inn 31, 'Township 53 Smith, Range 42 East. Conta.i.ni.nq 1530 square feet, more or less. All contai.rl i ng are aggregate area of 10,284 square feet, more or less. 011/06/01-/93 93- 520 GRANTEE shall regulate the installation of the FACILITIES and all future operations within the EASEMENT so as not to conflict with the normal operations of the GRANTOR. GRANTEE shall have full right to enter upon the EASEMENT at any time when normal operations or emergency repairs of the FACILITIES are required. GRANTEE agrees to indemnify and hold harmless the GRANTOR from and against all suits, claims, judgments, and all loss, damage, costs or charges of any kind whatsoever it may suffer, sustain, or in any way be subjected to, on account either of the installation, maintenance, repair, use or existence of the Facilities within the EASEMENT, to the extent permitted by Section 768.28, Florida Statutes, 1993. GRANTEE shall give GRANTOR the opportunity to attend all preconstruction meetings on installation work of the FACILITIES within the EASEMENT. GRANTOR shall be notified well in advance of the actual start of construction of the FACILITIES within the EASEMENT. GRANTEE shall be held responsible for any damage to adjacent property as a result of its installation of the FACILITIES within the EASEMENT and future operations therein. GRANTEE shall not encroach beyond the boundaries of the EASEMENT or any other easement that may be granted in the future by the GRANTOR during the course of installation of the FACILITIES and future operations within the EASEMENT. 4 93- 520 GRANTOR does hereby fully warrant that it has good title to the PROPERTY and that it has full power and authority to grant the EASEMENT. Should the EASEMENT be abandoned or discontinued by law or otherwise, the EASEMENT shall cease and revert with the right of immediate possession and right of entry to the GRANTOR or its successors in interest. All notices or other communications which shall or may be given pursuant to this Grant of Easement shall be in writing and shall be delivered by personal service or by registered mail 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 mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. NOTICE TO GRANTOR NOTICE TO GRANTEE City of Miami State of Florida City Manager Dept of Transportation Attn: Office of Asset & 1000 NW 111 Avenue Grant Management Miami, FL 33172 300 Biscayne Blvd Way Suite 400 Miami, FL 33133-0708 Title and paragraph headings are for convenient reference only and are not intended to confer any rights or obligations upon the parties to this Grant of Easement. 5 93- 520 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. THE CITY OF MIAMI, FLORIDA Cesar H. Odio City Manager LEGAL REVIEW BY: ATTEST: Irma Abella Matty Hirai Chief Assistant City Attorney City Clerk APPROVED AS TO FORM & APPROVED AS TO DESCRIPTION: CORRECTNESS: A. QUINN JONES, III City Attorney APPROVED AS TO FORM & CORRECTNESS: Attorney for State of Florida Department of Transporation Waldemar E. Lee Acting Director of Public Works STATE OF FLORIDA, Department of Transportation ATTEST: 93- 520 NOiE51 s 8 B survey lato -ere Token from SR A-1-A .R/19 U00 9,060.2117 ,�f'• 0 al,g sa, or„ 141. :onst. <rom Stn. 214.54. 04 Ahr. Ca roes .I th 3 a =Urvey �f Mate ?rOf •�C' 97060-'S 15• ;rCel hlrmn,eDnS are :orrou+ea. PORT a �• ; 100 %!o^T 220.67.00 1121 21.92 o ;• 15' ;; _1a. .t.c< "1 3. 29.91.42 c121 _t EASE!(ENT LINE s :1 �o. 30. 55.17� ? 23 d7.59 :90.75' _ ,, v 50112'C5" _ 0� 5 29°4T'3a- E -a. 801 PART A 'S zzo•e7. oo \� // /'/ �/ a :I 6.42 5' - � •tiJ. �O 35.07 Lt. I i II EASEUENT _(NE q 29•o1.42 1 71 S 29°47'34612.95' I v 29°a7' a W' ; / cASEUFNT .,IE '/ 125.00 �I 7 S 29°47' 34 - ( 301 .60'%T - 441 . a2' [ L -- E 1 743.02' . -� I =t'_ _.•E 0 n- r I .35.00' 60.00, S. 0' "NA Y I, J ° r'C o � I — r� i i 7 � o � -.�i 0 { A R T 1,j 2Z0.57. C0 165' �� a j I 222.55.00 1;3' 3 29.91.aZ 65' _ @ 31 •99.A2 35' _ . I .0N5T. .i 3 SURVEY lSTR• -,ZI4 `� 215 _ts Z15 ! 30 Z21 I 3 1 122 712 �\ 34 225 I 1 I �[ ! Z4 PART g f i ;21.33.a0 95' Rt. 1 S -�°a7 6° 12' 00"50°' 148.00' @ 3o•13•a2 ;6. Rt. 1 a3.00' 1 51.80' 25.55. e; °^ T - 74 07' 'V I ?ART 7 / a. SURVEY a 1367.69' �� i A I 801 C8 • s 32°53'3a c I ✓�� a� ( i 4.00' GIST. RiW UNE __a63.a; I 940.57' S 29°a7•,a" \ i ) , cc1 -. anv vE T1 �� S 29°47-34- E �`i f 61�1�13 94.88 S 29°4T'34- c w, `��`382.35' o m \ I ✓ �49.00' EASEMENT L!NE n a u, EASEMENT LINE N 60.12'26 " E TA (as 87060-2tiTl o o N N THIS IS NOT A SURVEY SURVEY T k,214.77.36 (73.00' Rt.) 1 220.39.00 173' Rt.l N s 29147'34- E FLOP.IDA DEPARTMENT OF 'RANSPORT 3 23.95.29 !65' Rt.) ^ v 30•t3.42 (73' Rt.I A 18.60.85 ° B•S ;5.59';a c + 94.80' RIGHT OF NAY SURVEYING AVr) 41APPINI 00- RT N G N 00" /"�ETCL l/ 1550.00, T 220.89•00 (114• Rt.1 700 PART 8 :o oEF[NtrtoN) g 30•13.42 (114' 9t.1 STATE ROAD NO. A- i A DA0E CONST. 3Y 3erE PARCEL NO. I NAuf i PARCEL AFfA I PAAEHr iHACT Ir :OtafNTS SKE CH �F PA A 20e • 31 .64 I I I I I � 221 •BJ.80 f I 1 4' Rt.) DRAWN u. SIC; ;i1oo3 1 01 •A I CITY OF UI AUI +198 SF ! rA r50N (SLAt•4 31 .08. 22 1I14' Rt. 1 9° oz' 21 aT I I I TRACED 411993 301 i -00 4°16'16 1341 .69' 301-9 I CITY 0K WIAui 449E sF Arsom ISLAND CHEC%ED 14,RHANOEZ 1 5/1993 759. 70' I uAPs P4FPfPF,O 3, 1382.'0' (slcl 9D1 •r, j St TY OF UTAut i s0 sF ♦A I'SOM ISLAND I i 1 :0 OEF[Nli[ON) ( OISIRICI '✓ — ° a01-0 I _1TY OF utAut 1530 SF ■ArSON ISLAND f00•A CIiY OF ulAui I .•OOa Sr MATSON !BEANO I I W.P.i. N0. 4114161 SCALE: - _ ?0' 700.8 I SECT ION 37060 5 SHEEP CITY OF LIAWI I IG45 a. ,ArSON ISLANO I IIf REVISION ! Y OATE - �5 1; 3 1r , CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANI TO The Honorable Mayor and Members of the City Commission FROM OWN Cesar o City RECOMMENDATION• CA=20 DATE AUG 61993 FILE SUBJECT Resolution Authorizing Grants of Easement REFERENCES ENCLOSURES It is respectfully requested that the City Commission adopt the attached Resolution approving the Grant of Temporary Construction Easement to the Florida Department of Transportation (FDOT) on the property known as Parcel 700 on Watson Island for the purpose of repaving the ingress/egress area of the access roads to Watson Island; approving the Grant of Easement to the Florida Department of Transportation on the property known as Parcel 801 on Watson Island for the purpose of constructing, installing and maintaining sidewalks; further authorizing the City Manager to execute said Grant of Temporary Construction Easement and Grant of Easement, in substantially the attached form, on behalf of the City of Miami and to execute any documents, in a form acceptable to the City Attorney, with FDOT and/or the Federal Aviation Administration (FAA), as may become necessary, in order to accomplish these Grants of Easement. BACKGROUND: In response to a request from the FDOT, the Office of Asset and Grant Management has prepared the appropriate legislation to approve a Grant of Temporary Construction Easement and Grant of Easement for Parcels 700 and 801, respectively, on Watson Island. In order to provide a smooth transition in the level of pavement from the rebuilt MacArthur Causeway and the access roads to Watson Island, FDOT proposes to repave the ingress/egress areas. In order for the FDOT to perform this construction, FDOT must secure a Grant of Temporary Construction Easement. FDOT has guaranteed that vehicular access will be available at all times. In addition to this repaving, the Public Works Department has v requested the FDOT to construct, install and maintain sidewalks along MacArthur Causeway so that pedestrians will have a safe passage in which to walk. The FDOT requires a permanent Grant of Easement in order to provide an area to construct these sidewalks. 9 3 - 5 r0 i I f The Honorable Mayor and Members of the City Commission Page 2 A portion of this parcel, however, falls within the current boundaries assigned by FDOT and designated by the FAA as Miami Heliport X48. In order to ensure these Grants of Easement can be accomplished without impacting the operation of the heliport, it is further recommended that the City Manager be authorized to execute any documents with the FDOT and/or the FAA, as may become necessary, to ensure the boundaries and landing zone of the heliport are reflected accurately.