HomeMy WebLinkAboutR-93-0729J-93-699
10/5/93
RESOLUTION NO. 93- 729
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE
GRANT OF AN EASEMENT TO METROPOLITAN DADE
COUNTY, MIAMI DADE WATER AND SEWER AUTHORITY
DEPARTMENT CONSISTING OF A 20 FT. STRIP OF
LAND ON BICENTENNIAL PARK, MORE PARTICULARLY
DESCRIBED IN EXHIBIT A ATTACHED HERETO, FOR
THE PURPOSE OF CONSTRUCTING, INSTALLING AND
MAINTAINING A 36-INCH WATER MAIN; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A
GRANT OF EASEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, ON BEHALF OF THE CITY OF
MIAMI.
WHEREAS, the Florida Department of Transportation (FDOT) is
currently constructing a new wider bridge for the MacArthur
Causeway; and
WHEREAS, the existing 20-inch water main which services
Watson Island and Miami Beach is located on the existing bridge
and under the channel.; and
WHEREAS, the existing 20-inch water main will be demolished
I
along with the old bridge; and
i
WHEREAS, since the new bridge will be wider, a new route for
a new 36-inch water main is necessary and must be operational
i
before demolition of the old bridge; and
WHEREAS, the new route for the 36-inch water main requires
the grant of an easement by the City;
'ATTACHM. ENT (5)
i CONTAINED
CITY CobwssjoX�
MEETUTG OF
NOV 2 3 1993
Aesolullon No.
93- 729
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 grant of an easement to Metropolitan Dade
County, Miami Dade Water and Sewer Authority Department,
consisting of a 20 ft. strip of land on Bicentennial Park, more
particularly described in Exhibit A attached hereto, for the
construction, installation and maintenance of a new 36-inch water
main to service Watson Island and Miami Beach is hereby approved.
Section 3. The City Manager is hereby authorized to
execute a Grant of Easement, in substantially the attached form,
on behalf of the City of Miami.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 23rd
ATT
MA TY HIRAI
CITY CLERK
day of November 1993.
ST PHEN P. dARK, MAYOR
93- 729
-2-
PREPARED AND APPROVED BY:
4�� X7. �Ul"
RMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
i
A!4UINJOX III
CITY ATTO Y
IMA:esk:M3894
GRANT OF EASEMENT BETWEEN
CITY OF MIAMI
AND
METROPOLITAN DADE COUNTY,
MIAMI DADE WATER AND SEWER AUTHORITY DEPARTMENT
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
METROPOLITAN DADE COUNTY, a political subdivision of the State of
Florida, Miami Dade Water and Sewer Authority Department,
(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 an easement on Bicentennial Park with full
right of ingress thereto and egress therefrom, (hereinafter
called the "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 appurtenant equipment (hereinafter,
collectively called the "FACILITIES"), on the property of the
GRANTOR (hereinafter called the "PROPERTY"), as more particularly
described in Exhibit "A" which is attached hereto and made a part
hereof.
93- 729
1
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.
GRANTOR hereby retains unto itself, its heirs and assigns,
an easement, license and privilege to enter upon the EASEMENT for
the purpose of conducting the Miami Grand Prix and/or similar or
related events.
Other than during the time of the Miami Grand Prix and/or
similar or related events, GRANTEE shall have full right to enter
upon the EASEMENT when normal operations or emergency repairs of
the FACILITIES are required. Should an emergency repair be
needed during the time of any of these events, said repair shall
be conducted in an expeditious manner so as to permit the staging
of the event on its scheduled date(s).
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.
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.
Said construction shall not commence prior to April, 1994 in
2 93- 729
accordance with the letter dated August 12, 1993 from Anthony
Clemente, P.E. to Commissioner J.L. Plummer Jr. which is attached
hereto and made part hereof as Exhibit "B". Construction ana
restoration of the area to its original condition or better must
be completed prior to September 30, 1994.
It is further understood and agreed by and between the
parties hereto that the GRANTOR reserves to itself, its heirs and
assigns, the right to construct streets, cross and recross said
easement, and the right to erect light and telephone lines or any
other improvement which in no wise affect or hinder the obtaining
of an adequate water supply by the GRANTEE, or its water rights
herein conveyed to GRANTEE.
GRANTEE shall be held responsible for any damage to adjacent
property, including any improvements placed within the EASEMENT,
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.
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.
3
93- '729
s
In exchange for the privilege of this Grant of Easement,
GRANTEE agrees to construct, reconstruct, lay, install, operate,
maintain, relocate, repair, replace, improve, remove and inspect,
two 12 inch ductile iron water main connections and construct and
install for GRANTOR's future use one 12 inch ductile iron
sanitary sewer main, crossing MacArthur Causeway; said mains to
be constructed at the locations shown in the attached Exhibit
"C". Said improvements have an estimated value of $45,000.
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.
WT^M*r TLM M^ PTT7T'ATMP T% 1T/1rP1T/'1T1 - -%VmTvn
City of Miami Miami Dade Water & Sewer
City Manager Authority
Attn: Office of Asset & PO Box 330316
Grant Management Miami, FL 33233-0316
300 Biscayne Blvd Way
Suite 400
i
Miami, FL 33133-0708
Title and paragraph headings are for convenient reference
I
only and are not intended to confer any rights or obligations
upon the parties to this Grant of Easement.
i
IN WITNESS WHEREOF, the CITY OF MIAMI, a municipal
corporation of the State of Florida, in the County of Dade, has
4
93- 729
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.
LEGAL REVIEW BY:
THE CITY OF MIAMI, FLORIDA
Cesar H. Odio
City Manager
ATTEST:
Irma Abella Matty Hirai
j 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:
i
Attorney for Miami Dade
j Water & Sewer Authority
Acting Director of Public Works
METROPOLITAN DADE COUNTY
MIAMI DADE WATER & SEWER AUTHORITY
Print Name
Title
ATTEST:
k,
93- 729
• ""�ti EXHIBIT A
0
��5� J IJ / /a� f .so.9/ 372•i5 ir• fi
/c�j,�� o N. 87° 42' o9"E
4}al��� gay 2g,2�o'- 20�. 5 01 ?.o.C.
�� III �3a3�, Q�2 P2oPo5�D 20
E.15EM6NT.
I 3 r Q�A�64a9343� 0 2g-¢s
�56
, ;o
� � C
ty N�yV Wo,ec p c6NTEe ,, �°v vVi
aIcENTEA/N/AL PA2,e
o .� P.B. / 40 P4. 50
C �
r
LEGAL DESCRIPTION
A strip of land 20.00 feet in width being more particularly
described as follows:
COMMENCE at the NE corner of Tract A of the "NEW WORLD
BICENTENNIAL PARK" according to the Plat thereof as
recorded in Plat Book 140 at Page 50 of the Public
Records of Dade County, Florida; thence run S 87° 42' 09" W
a distance of 372.15 feet to the POINT OF BEGINNING of
the herein described easement; thence run N 87° 42' 09" E
along the North line of said Tract A for a distance of
50.91 feet; thence run S 64° 34' 15" W for a distance of
262.50 feet; thence run N 70° 25' 45•" W for a distance
of 134.36 feet to the limited access right-of-way of State
Road No. 836; thence run N 64° 34' 15" E for a distance of
28.28 feet; thence run S 70° 25' 45" E for a distance of
106.07 feet to the northwesterly line of said Tract A;
thence run N 64° 34' 15" E along said northwesterly line of
said Tract A for a distance of 207.40 feet to the POINT OF
BEGINNING. Containing 7183.92 square feet
i�:;
ta
Z ° of 4137 039 0010
Y
Q W
M _
00
J�:XAILJ% 'A -I'
PQOPOSIED 20 ` JTAS8M99r
F0I2 36 — INCH WO, ,Tcto A4AJN
MIAMI-DADE
WATER AND SEWER AUTHORITY
DATE 7-27- 93 1 SCALE 1104r .
E.2. 131013 1 H.— 79
EXHIBIT B
MIAMI-DADE WATER AND SEWER AUTHORITY DEPARTMENT
P, O. BOX 330316 Main Office
3575 S. LeJeune Road
MIAMI, FLORIDA 33233-0316 Telephone 665.7471
August 12, 1993.
Honorable J.L. Plummer, Jr.
City of Miami Commissioner
3500 Pan American Drive
Miami, Florida 33133
Dear Commissioner Plummer:
Receipt is acknowledged of your July 13, 1993 letter to the
County Manager in which you inquired about a water supply project
the Miami -Dade Water & Sewer Department (MDWASAD) is proposing
adjacent to the Bicentennial Park and the potential impact the
project may have on the Grand Prix Race of March 1994.
The existing water transmission main on the causeway is being
relocated as a result of the replacement of the McArthur Causeway
Bridge by the Florida Department of Transportation (FDOT) The
proposed 36-inch water transmission main will replace the existing
20-inch water main which is attached to the McArthur Causeway
Bridge and is one of four transmission mains that supply the needs
of Miami Beach. This water supply project is broken down in two
phases in order to address the FDOT and City of Miami concerns.
Phase A (Contract W-700-A) includes extension of a 36-inch
water main along the northern boundary of Bicentennial Park from.
North Bayshore Drive to Biscayne Bay. This portion of the project
is scheduled to start on April 1994, one month after the Grand Prix
event.
Phase B (Contract W-700-B) is the subaqueous part of the
project which extends from the seawall of Bicentennial Park to
Watson Island. A cofferdam will be built by the seawall in an
area, which in previous events, has been closed to spectators of
the car race. We would like to schedule the start of this
contract for either January or February 1994 since we believe this
part of the project will not affect the race.
By scheduling our work in the above described manner, we
will be able to meet the datelines imposed by FDOT and have no
adverse impact on the Grand Prix race. As in the past, we look
forward to working with City staff.
93-- 729
r ^ylj
Honorable J.L. Plummer, Jr.
August 12, 1993
Page Two
Should you have any questions regarding the above, please feel
free to call me at 669-7612 or Mr. Jorge S. Rodriguez, Deputy
Director at 669-7602.
Sincere
thony J. C ente,.P.E.
Interim Director
AJC/JSR/ms
cc: Ms. Anne Sterling, Commissioner Plummer's Office
Mr. Waldemar Lee, MPWD
Mr. Jim Kay, MPWD
MR. Charles Bates, MPWD
/ e rA Y
!TIAN
WAY
\ JAPANESE TEA GARDEN
1
CITY OF MIAMI
2
1 WATSON PARK
EXIST/tile 3Co`' WATE(2
MAW WITHIN EXISTIAl
UTILITY EASEMENT
M[LIRORT
IMPROVEMENTS ComsrRUCTED
SY THE MIAMI DADE WATER? AND \
V
SEWER Auri4o rY DEPARTMEAl r
or
roz TIE Cl r l OF ANflAwfl RELAMO
} I Poo To THE 3co," W'ArER MAIAJ mjsrAUATIOlJ
ST.
12" DUC7'I1-E IROA-1
WATER W w COtiI ST.
BY MDWSAO FOl2 CITY
PROPOSED ad,
WATER MAIN
NORTH
�i
S SOUTH
MIAMI YACHT '.
CLUB H
w
H•
I2" DUCTILE IRON
SANITARY SEWER
NIA I N COtiIsT. BY
MDWSAD FOR CITY
l2" DUCTILE IROA
WATER MAIM! COtiIS;s,a
BY MDWSAC> FOR CITYI
Ma
cARTH�R
OUTBOARD
CLUE
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
17
TO : The Honorable Mayor and Members DATE : NOV O 41993 FILE
of �he ity Commission / Vi
i sua,Ecr : Resolution Authorizing
Grant of Easement
FROM : i7 REFERENCES
Cesar H. Odio
City Manager ENCLOSURES:
RECOMMENDATION:
It is respectfully requested that the City Commission adopt the
attached Resolution approving the Grant of Easement to Metropolitan
Dade County, Miami Dade Water and Sewer Authority Department
(WASA), of a 20' strip of land on Bicentennial Park for the purpose
of constructing, installing and maintaining a new 36-inch water
main; further authorizing the City Manager to execute said Grant of
Easement, in substantially the attached form, on behalf of the City
of Miami.
BACKGROUND:
In response to a request from the WASA, the Office of Asset and
Grant Management has prepared the appropriate legislation to
approve a Grant of Easement for a strip of land 20 feet in width
located on Bicentennial Park.
The Florida Department of Transportation (FDOT) is currently
constructing a new wider bridge for the MacArthur Causeway. There
is an existing 20-inch water main which serves Watson Island and
Miami Beach which is located on the existing bridge and under the
channel. Since the new bridge will be wider, a new route for a 36-
inch water main is necessary and must be operational prior to
demolition of the old bridge. The new route for this water main
requires a Grant of Easement from the City.
WASA has committed to not commencing construction within this
easement until April, 1994 and therefor will not impact the staging
of the Miami Grand Prix. This work should be completed by July,
1994, the tentative date set by FDOT for demolition of the old
bridge.
In exchange for the privilege of this Grant of Easement, WASA will
construct, install, operate and maintain two 12 inch ductile iron
water main connections and construct and install for the City's
future use one 12 inch ductile iron sanitary sewer main, crossing
MacArthur Causeway. These improvements have an estimated value of
$45,000.
93- 729 I`(_'
SEWER AUTHORITY DEPARTMENT
r c7 tv_ir. a7nn,r, Main 0111ce
:,� �• I I 3575 S. Watine road
P. f".'%IrIA. I.f r.,7�Ohi1n .1 .1233 .031G Telophone 665.7471
August 12, 1993
Mr. Cesar Odio, Manage.l.
City of Miami City li.i J. l
3500 Pan American D.ri.v4,
Miami, FL 33133
Dear Mr. Odio:
Re: ER-13109, Proposed
Easement for 36-Inch
Water Main at Bicen-
tennial Park
Florida Department. of Transportation is constructing a new
wider bridge for the MacArthur, Causeway between the mainland and
Watson Island. Upon completion of the neW bridge, the Miami -Dade
Water and Sewer Auttiority Department has dh existing 20-inch water
main on the existing bridge and under the bhannel. This water main
serves Watson Island and Miami Beach. Water service must be
continued at all times, even though the existing 20-inch water main
will be demolished along with the old bridge. Therefore, a new 36-
i.nch water main must h.)r:! constructed and pitt in service before the
old bridge is demo 1isltc!d.
Since the new bridcle will be wider, a hew route for the 36-inch
water main is necessar',l, and the main will be installed away from
the new bridge. Therefore we need an easement at the Bicentennial
Park, as shown on the ::-,ketch and legal description. The easement
is necessary to connect to the existing 3.6-inch water main on the
mainland.
Please review and.ihprove our request for an easement as soon
as possible, because t.hie contractor has 'started work on the new
bridge on July 19, 199 :t .
If you need additional information, please call our Right -of -
Way Engineer, Roman I.1r. nglowskyj at 669-7650.
93- 729 z
Mr. Cesar Odio, Manatir'r
August 12, 1993
Page Two
Thank you for yotit- help and cooperation on this matter.
Si/erZyv,
Rod i uez, P.E.
eputy Direct r
JSR/RW/ogp
attachments
cc: Rick Herrera., F'.E., Chief, Utilities Development Division
George Aguia.r, Utility Design Engineer
Roman Wenglowsky-j , P.E., Right -of -Way
Waldemar E. Leer, P.E., Director, City of Miami
Jim Kay, P.E., Deputy Director, City of Miami V
file
cwP:oaio.i,vr
93- 729