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HomeMy WebLinkAboutR-93-0799J-93--904 12/15/93 RESOLUTION NO. 93- 799 A RESOLUTION, WITH ATTACHMENTS, APPROVING A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO BELL SOUTH COMMUNICATIONS, INC. D/B/A SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY FOR CONSTRUCTION, INSTALLATION AND MAINTENANCE OF A NEW FIBER OPTICS TELEPHONE SERVICE AND APPURTENANCES UNDER AND THROUGH THE CITY OF MIAMI FIRE TRAINING CENTER PROPERTY LOCATED AT 3425 JEFFERSON STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID GRANT OF EASEMENT ON BEHALF OF THE CITY. WHEREAS, the Fire Training Center located at 3425 Jefferson Street has been designated for use as the City's backup E911 site and also as the main emergency operations center; and WHEREAS, in order for the City to operate emergency communications with maximum reliability it is necessary to install underground fiber optics telephone service to the training center building; and WHEREAS, Bell South Communications, Inc. D/B/A Southern Bell Telephone and Telegraph Company has requested that they be granted a six-foot wide easement on City property in which to install the requested fiber optic cable; and WHEREAS, the proposed easement, as shown and described on the attached Exhibit "A" has been approved by the Fire and Police Departments; and cITY COMMISSION MEETING OF DEC 1 6 1993 Resolution No. .113— ,9 WHEREAS, it is now in order for the City Commission to approve the granting of the aforesaid easement to Bell South Communications, Inc. D/B/A Southern Bell Telephone and Telegraph Company and authorize the City Manager to execute said Grant of 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 Grant of Easement to Bell South Communications, Inc. D/B/A Southern Bell Telephone and Telegraph Company for construction, installation, and maintenance of a new fiber optics telephone service and appurtenances under and through the City of Miami Fire Training Center Property located at 3425 Jefferson Street, Miami, Florida, is hereby approved. Section 3. The City Manager is hereby authorized to execute said 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. ri3- 799 -2- PASSED AND ADOPTED this 16th day of December, 1993. STE HEN P. CLARXI, MAYOR ATTE ( MATtCY HIRAI CITY CLERK SUBMITTED BY: 1'), 6 tt' WALDEMAR E. LEE DIRECTOR OF PUBLIC WORKS PREPARED AND APPROVED BY: '0""' �-n -'(2" RMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: �ir.✓i� ///1/ �i nip eg IMA:csk:M4044 13- 799 -3- 3/23/94 GRANT OF EASEMENT THIS INDENTURE, made this day of 19 , between THE CITY OF MIAMI, a munlc.1pal corporation of the State of Florida, (hereinafter called "GRANTOR"), and BELL SOUTH TELECOMMUNICATIONS, INC. D/B/A SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, a Georgia Corporation, (hereinafter called "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 and privilege of an easement (hereinafter called the "EASEMENT") to construct, reconstruct, lay, Install, operate, maintain, relocate, repair, replace, Improve, remove and Inspect a fiber optics telephone facility and all appurtenances thereto (hereinafter called the "FACILITIES"), with full right of Ingress thereto and egress therefrom, on the property of the GRANTOR, shown and described on EXHIBIT A, attached hereto and made a part hereof, (hereinafter called the "PROPERTY"). The GRANTEE shall regulate the Installation and future operations of the Facilities so as not to conflict with normal operations of the GRANTOR; however, the GRANTEE shall have full right to enter upon the Easement at any time when normal operations or emergency repairs of the Facilities are required. 3- 799 The GRANTEE agrees to Indemnify and hold harmless the GRANTOR from 'all and against all suits, claims, Judgments, and all loss, damage, costs or charges It may suffer, sustain, or In any wise be subjected to on account either of the Installation or maintenance, repair, use or existence of the GRANTEE'S Facilities within the Easement. THE GRANTOR shall be given the opportunity by the GRANTEE to attend all preconstruct I on meetings on Installation work of the Facilitles within the Easement and shall be notified well in advance of the actual start of construction within the Easement. It Is further understood and agreed by and between the parties hereto that GRANTOR reserves to Itself, Its heirs and assigns, the right of construct streets, cross and recross said Easement, and the right to erect light or telephone IInes or any other Improvements which In no wise affect or hinder the operation of the Facilities by the GRANTEE. The GRANTEE shall be held responsible for any damage to adjacent property as a result of the Installation and future operation of the Facilities, 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 operation of the FACILITIES, shall not encroach beyond the boundaries of the above Easement or any other easement that may be granted by the GRANTOR. - 2 - - 799 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. The GRANTOR does hereby fully warrant that It has good title to the Property and that it has full power and authority to grant 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 this day of , 1994 A.D. LEGAL REVIEW BY: THE CITY OF MIAMI, FLORIDA By: Cesar H. Odlo City Manager ATTEST: G. Miriam Maer Chief Assistant City Attorney Matty Hirai City Clerk APPROVED AS TO FORM AND CORRECTNESS: APPROVED AS TO DESCRIPTION: A. I nrKAones, III City A orney Waldemar E. Lee Director of Public Works - 3 - 03-- 799 SKETCH ratc. r20P0SED G Foo�iL EASt..MEQVI EA �r e3o' 'NA&s *lN MLJ Ave I I I ,4S LLW 0 Y S u V) G r oINIz vl J ,r ovLLJ I i ✓1 02 J� i iNA)N6A) 6E%4 SE4.20'`4'41 30' 65,00i l02.03 ? N n cIT M'lAMI or yFIRE L T $ s rQa�NIN6 w 0 �� o cEuTE2 Z sS: °� N 89°41'38" 6ui�Di1JC, i 3� o r,• N � � 30 8�.'bS` 62.00 vi°38o5"E �} 89°4138" E ( L 3 w ( �� w Cocouui GQI.JVE . MUN\CIPAL TRACT � a 0 a mil W R/ j•00 G. L. RL-AC, L�nL v �aconut °P`a`� °� %'swK v G�ovl.�G2i� "1rtri' 30 89 5A0 'E C sou sf corn roconul 13 PRtVA7E ROAD f>roV Q, I�u q1 GI Q� 1' Tfd[L�T �•62-61� NOTES ' . SQ.R. Aescrj?�I;1-n ¢or ?ropose•a (.,Oa ¢oot a.'ls 0, 1 o h S\�e.Qk 2 0� F-0660k A �j2,ar ►h S af�, 4jas�� oh z v , assu"Q,6 b-zr IV,c� t\1 t U alo� -�, wa�s� � th F c.oGO- NuT eovE ►,AU9Rtr 'MN-T) Cboo k G2) ?a � e. 6 I cH��r (oF2 93- 799 PRo?os£D 6,00 Eoo T. F�ZEQ O?Tkc— T E L.E No N E FAc�LVT\/ EASE M E WV ctTy of tAltNM 1 DE4AFZTMENT OP Qup�L�G 'vtJoCZkS EASEMENT DESCRIPTION EXHIBIT A A 6.00 foot wide fiber optic telephone facility easement lying and being in the City of Miami, Dade County, Florida, and being more particularly situated at the following described property: COCONUT GROVE MUNICIPAL TRACT, according to the plat thereof, as recorded in Plat Book 62, Page 61, of the Public Records of Dade County, Florida. The said easement lying 3.00 feet on each side of the following described centerline: Commence at the southwest corner of said plat of COCONUT GROVE MUNICIPAL TRACT, Plat Book 62 at Page 61, thence North 00 18' 22" West, assumed bearing along the west line of said plat of COCONUT GROVE MUNICIPAL TRACT, Plat Book 62 at Page 61,'for a distance of 106.28 feet; thence North 890 41' 38" East for a distance of 84.85 feet to the most southerly southwest corner of a concrete building structure known as the City of Miami Fire Training Center, said most southerly southwest corner being the point of beginning of the centerline to be hereinafter described; thence South 00 18' 22" East for a distance of 106.71 feet to the south Line of said plat of COCONUT GROVE MUNICIPAL TRACT, Plat Book 62 at Page 61, and said centerline there terminating. The side lines of said easement are prolonged or shortened to terminate at the south line of said plat of COCONUT GROVE MUNICIPAL TRACT, Plat Book 62 at Page 61, and at the southerly face of said City of Miami Fire Training Center Building and its westerly extension. NOTE: See Sketch of easement on Sheet 1 of EXHIBIT A Sheet 2 of 2 0'3-- 799 a TO. Waldemar Lee Assistant City Manager 4�;- kyL FROM Irma M. Abella Assistant City Attorney CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE : March 21, 1994 F*-94--014 SUBJECT Southern Bell Easement REFERENCES Non Agenda Item - City Commission Mtg of 12/16/93 ENCLOSURES: Enclosed is a copy of my memorandum dated January 27, 1994 addressed to Eduardo Rodriguez, Director, Asset Management, and of the agreement with my suggested changes enclosed therewith. Also enclosed is the February 2, 1994 note Anna Sardina, Office of Asset Management, sent to you on this matter. Please advise who is, at this point, handling this matter and expedite it since I have been waiting almost two months for this agreement and the City Clerk is requesting the same from the City Attorney. M510/IMA/bjr Enclosures cc: A. Quinn Jones, I, City Attorney Matty Hirai, City er Eduardo Rodriguez, Di tor, Asset Management Beverly Solomon, Legislation Coordinator Carol Kelsey, Administrative Assistant/Legislation Anna Sardina, Office of Asset Management r� q 3 - 7qq nop j Date TO Please note and see me Please give me your comments Please note and return to me For your information For your review and approval Immediate action desired Please prepare reply for my Please answer, with copy signature to me Please follow through _For your signature AwU'b'�.Aa- &46�� GSA-6 06/88 93 -�7&01'cni CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Edwardo Rodriguez, Director DATE: January 27, 1994 FRA"94-014 Asset Management SUBJECT :Southern Bell Easement FROM : Irma M. Abella REFERENCES: Assistant City Attorney ENCLOSURES: Enclosed is the above -referenced easement agreement with my suggested changes. If you have any questions, do not hesitate to call me. M474/IMA/bjr Enclosure cc: Beverly Solomon, Legislation Coordinator Carol Kelsey, Administrative Assistant/Legislation q 3 - -?qq 12/7/93 GRANT OF EASEMENT THIS INDENTURE, made this day of 19 , between THE CITY OF MIAMI, a municipal corporation of the State U of Florida, C hereinafter called ((GRANTOR and BELL SOUTH l TELECOMMUNICATIONS, INC. D/B/A SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, a Georgia Corporation, ( hereinafter call -CA « GRANTE), i W I T N E S S E T H: i I THAT, the GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable considerations, the receipt of which is hereby acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE, its successors and�G�FI"'.,J �^_ of E1Gfu ICJ, fl\ assigns, forever, the righ%r6 privilege a;Pd� an easemen f to11 construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove and inspect a fibe optics telephone facility and all appurtenances theret , with full right of ingress thereto and eg �s therefrom, on the property of the GRANTOR, shown and described on EXHIBIT A.C' A a,,-� mv.Rk The GRANTEE shall regulate the installation and future ajar V� t't,,cTAuL%-n65 A"ee 7 operation,,$'X so as not to conflict with normal operations of the604-OA44 GRANTOR; however, the GRANTEE shall have full right to enter upon WW X&4 jasement at any time when normal operations or emergency #- aP�y" (:tie.5 PR repairs are required. 93 • ?4q The GRANTEE agrees to ` indemnify and hold harmless the GRANTOR from all and against all suits, claims, judgments, and all loss, damage, costs or charges it may suffer, sustain, or in any wise be subjected to on account either of the installation or maintenance, repair, use or existence of the GRANTEE'S facilities within the Casement. THE GRANTOR shall be given the opportunity by the GRANTEEto attend all preconstruction meetings on installation work within the Jasement and shall be notified well in advance of the actual start of contt uction within"s�',Fasement. "The GRANTEE^ wT];I- be held responsible for any damage to adjacent property , s a result of �' installation and future � Ri fs operation, and further, shall restore all pavement, sidewalks, curb and/ gutter, existing utilities, and landscaping to a conditioner acceptable to the GRANTOR. The GRANTEE) during the course of installation and future of � L� ra r operation, shall not encroach beyond the boundaries of the above Basement or any other easement that may be granted by the GRANTOR. Should the above C-asement be abandoned or discontinued by law or otherwise, the said lasement shall cease and revert with the right of immediate possession and right of entry to the GRANTOR or its successors in interest. The GRANTOR does hereby fully warrant that it has good title to the i Oroperty and that it has full power and authority to grant this Easement. dTovd a -- agceept h�� e#w Wo he.;rs x,,4 oss� , sIf ;s --fi - G('o;s GMcQ Ce cross Sc�,��Q tcue mawr, -tla ,� n�, 1�er righT ConQTrueT srree.�'s, ;nes Of a ot4r �M(proJrmw7S w cl, i» �``51tiT, Ce-T (�SIr.T or Tr i hpV�� �1ct �e a , 0, e waX`� s"pp%�iQ o W.se �c� o c {,i nd�e.r ,, ,,,,,� h 't.r ri< tiX`s �►erc.��n SCvnue�y ��iv •G"av�7t�-• 3 ' %rl9 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 of fixed hereto by its City Manager and its City Clerk, both thereunto duly authorized this day of , 1994 A.D. LEGAL REVIEW BY: THE CITY OF MIAMI, FLORIDA By: Cesar H. Odio City Manager ATTEST: G. Miriam Maer Matty Hirai Chief Assistant City Attorney City Clerk APPROVED AS TO FORM AND CORRECTNESS: APPROVED AS TO DESCRIPTION: A. Quinn Jones, III Waldemar E. Lee City Attorney Director of Public Works - 3 - 9'3-an9 s r- � rc tA F o cc o PDS 6 U c, o b- E A S EF: M E tj -I %\ I �0 ib !�b ov IM arm ,q,jAskjifJGT0U AVC OI 4,) GE e-V LIP3 lot-o-b ticity or- t,41AIA1 at VIE CEWNG(L in W pa 0 ti P�. vy' MOTE S# 01- ?vlo?CsQ-A (0100 So -,Q- V o� Ex\Wk'0 A �oot a-zszYna-� 0 ay- I V\C\ O ©° t8 2`� E MUTIt 1 r1 C) C-0 c© - P-ouc— C) ro of z IS ef_'Zo -. -5-4 - 41 — — - L--i MUtJ1ClPAl. TAT 6,00 FOOT. F\ZF-Z OpTkc- TELEMOOE Ck7y 0� mlNmk DEPART MGJT Or- 9061-1c— .\AJOKCS FV1 EASEMENT DESCRIPTION EXHIBIT A A 6.00 foot wide fiber optic telephone facility easement lying and being in the City of Miami, Dade County, Florida, and being more particularly situated at the following described property: COCONUT GROVE MUNICIPAL TRACT, according to the plat thereof, as recorded in Plat Book 62, Page 61, of the Public Records of Dade County, Florida. The said easement lying 3.00 feet on each side of the following described centerline: Commence at the southwest corner of said plat of COCONUT GROVE MUNICIPAL TRACT, Plat Book 62 at Page 61, thence North 00 18' 22" West, assumed bearing along the west line of said plat of COCONUT GROVE MUNICIPAL TRACT, Plat Book 62 at Page 61, for a distance of 106.28 feet; thence North 890 41' 38" East for a distance of 84.85 feet to the most southerly southwest corner of a concrete building structure known as the City of Miami Fire Training Center, said most southerly southwest corner being the point of beginning of the centerline to be hereinafter described; thence South 00° 18' 22" East for a distance of 106.71 feet to the south line of said plat of COCONUT GROVE MUNICIPAL TRACT, Plat Book 62 at Page 61, and said centerline there terminating. The side lines of said easement are prolonged or shortened to terminate at the south line of said plat of COCONUT GROVE MUNICIPAL TRACT, Plat Book 62 at Page 61, and at the southerly face of said City of Miami Fire Training Center Building and its westerly extension. NOTE: See Sketch of easement on Sheet 1 of EXHIBIT A Sheet 2 of 2 4?3--7g?47