HomeMy WebLinkAboutR-92-0772J-92-829
11/30/92
RESOLUTION NO. 92-- 772
A RESOLUTION, WITH ATTACHMENT, APPROVING A
GRANT OF EASEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR ITS CONSTRUCTION,
INSTALLATION AND MAINTENANCE OF NEW FENDER
SYSTEM AND APPURTENANCES ON AND OVER CITY OF
MIAMI SUBMERGED BAY BOTTOM LAND OF BISCAYNE
BAY, LOCATED IN THE INTRACOASTAL WATERWAY,
ADJOINING THE SOUTHERLY RIGHT OF WAY OF STATE
ROAD A-1-A (MACARTHUR CAUSEWAY); FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
GRANT OF EASEMENT 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, the said new bridge will require an extensive fender
system to protect the bridge columns form marine traffic in the
Intracoastal Waterway; and
WHEREAS, the new fender system will require an easement on
and over. City of Miami submerged bay bottom land of Biscayne Bay,
located in the Intracoastal Waterway, adjoining the southerly
right of way of State Road A-1-A (MacArthur Causeway), as shown
and described in the attached Grant of Easement; and
WHEREAS, the Florida Department of Transportation shall
provide accurate "As -Built" measurements and drawings to the City
taken from actual field information at the completion of the
fender system construction; and
ATTACHMENTS)
CONTAINED
CITY COMMISSION
MEETING OF
DEC 1 0 1992
Resolution No.
92- 772
I
WHEREAS, it is now in order for the City Commisison to
approve the granting of the easement to the Florida Department of
Transportation 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 set forth 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 the Florida Department
of Transportation for construction, installation and maintenance
of a new fender system and appurtenances on and over City of
Miami submerged bay bottom land of Biscayne Bay, located in the
Intracoastal Waterway, adjoining the southerly right of way of
State Road A-1-A (MacArthur Causeway) is hereby approved.
Section 3. The City Manager is hereby authorized to execute
a Grant of Easement V, in substantially the attached form, on
behalf of the City of Miami.
Section 4. 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
Attorney, including but not limited to those prescribed by
applicable City Code and Charter provisions.
-2-
92- 772
PASSED AND ADOPTED this loth day of
ATT
MA'TTY HIRAI
CITY CLERK
SUBMITTED BY:
(A) , e.tu-�
WALDEMAR E. LEE
ACTING DIRECTOR OF PUBLIC WORKS
LEGAL REVIEW BY:
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
At QUrRN JQNFA, III
CITY ATTO
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LOCATION MAP
PROPOSED FLORIDA DEPARTMENT OF TRANSPORTATION
EASEMENT
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1 1 /4/92
GRANT OF EASEMENT
THIS INDENTURE, made this day of 19 ,
between THE CITY OF MIAMI, a municipal corporation of the State
of Florida, hereinafter called GRANTOR, and the FLORIDA
DEPARTMENT OF TRANSPOPRTATION, a component agency of the State of
Florida, 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, Install, operate, malntain, relocate,
repair, replace, Improve, remove and Inspect a fender system and
all appurtenances thereto, with full right of Ingress thereto and
egress therefrom, on the property of the GRANTOR, as shown on the
attached Exhibit "A" and described as follows, to wit:
That portion of the bottom lands of Biscayne Bay,
located in the Intracoastal Waterway, adjoining the
southerly right of way line of the State Road A-1-A
(MacArthur Causeway) as shown on the State of Florida
State Road Department Right of Way Map for Section
87060-2117, filed for record under Road Map Book 68;
at Page 44, of the Public Records of Dade County,
Florida; lying In Section 31; Township 63 South, Range
42 East, City of Miami, Dade County, Florida; being
more particularly described as follows:
92- 772
Begin at the point of Intersection of the center line
of Cut DA-1 Intracoastal Waterway with said Southerly
Right of Way Line of State Road A-1-A, as shown on
above mentioned State Road Department Right of Way
Map; thence N .88 26' 17" E along said Southerly
Right of Way Line, for a distance of 125.00 feet to a
point; thence S 010 33' 43" Fd ,for a distance of 60.00
feet to a point; thence S 88 26' 17" W for a distance
of 250.00 feet to a point; thence N 01° 33' 43" W, for
a distance of 60.00 feet to a point on said Southerly
Right of Way Line; thence N 880 26' 17" E along said
Southerly Right of Way Line, for a distance of 125.00
feet to the POINT OF BEGINNING. Containing 15,000
square feet, more or less.
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 wise 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.
1W41111115
92- 772
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.
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.D.
THE CITY OF MIAMI, FLORIDA
By:
LEGAL REVIEW BY:
ATTEST:
G. Miriam Maer
Chief Assistant City Attorney
Cesar H. Odlo
City Manager
Matty Hirai
City Clerk
APPROVED AS TO FORM AND CORRECTNESS: APPROVED AS TO DESCRIPTION:
A. Quinn Jones, III
City Attorney
y.
Waldemar E. Lee
Acting Director of Public Works
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927 7'7'
GENERAL NOTES9
9go'n" a t -Vsy auto w6r* tak.n from SR A-1-A R/t) Mop $7060-2117
tR.ocrd.d RM 68. PG. 44). Porc.l dtllen.tom aro conputed.
Ie� 145
192.99.10
200' RT
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CONST. 148
WEST BRIDGE
MocARTHUR CAUSEWAY
(S.R. A- 1 -A )
SURVEY $
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N 88°11'3T" E (SIC)
c o
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c It 194.24.10 (200' RT)
rrZ • Q 94.20.57 t83.61' RT)
I95.49.t0
�i�iiiiiiii/iiTiii�/
S 68.26*17' N 250.00'
EASEMENT
LINE
PARCEL No.
NAME
PARCEL AREA
PARENT TRACT
COMMENTS
goo
Ctrr OF MIAMI
15000 SF
200' RT
N 88012'26- E (C)
-R/W LINE
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�! THIS IS NOT A SURVEY
FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT OF NAY SURVEYING AND MAPPING
195.49.10 PARCEL SKETCH
260' RT
STATE ROAD NO. A-1-A DADE COUNTY
By DATE
DRAIN WINCE 8/1992 TRACED M. RICE SAW SKETCH OF PARCEL 800
CHECKED Haku EI eAm
MAPS PREPARED BY M N0s
DISTRICT 6 N/A
N.P.I. NO. 6113652 SCALE,
REVISION BY DATE SECTION 87060 - 2549 ISHEET I OF t
s
F J
CITY OF MIAMI, FLORIDA
CA 8
INTEROFFICE MEMORANDUM
TO ; Honorable Mayor and Members DATE : P 1992 FILE
of the City Commission
SUBJECT : Resolution Granting Easement
to the Florida Department of
Transportation for MacArthur
Causeway Bridge Fender System
FROM : REFERENCES:
Cesar H . Od l o ENCLOSURES: Resolution, Location Map
City Manager
f!
RECOMMENDATION:
It Is respectfully recommended that the City Commission adopt
the attached Resolution granting an easement to the Florida
Department of Transportation for use by the department of the
submerged bottom lands of Biscayne Bay In the Intracoastal
Waterway adjoining the southerly right of way line of MacArthur
Causeway.
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 an easement to the Florida
Department of Transportation on City owned submerged bay bottom
property In the Intracoastal Waterway adjacent to the MacArthur
Causeway.
The Florida Department of Transportation proposes to rebuild and
widen the MacArthur Bridge over the Intracoastal Waterway in
Biscayne Bay. The new bridge will require an extensive "fender"
system to protect the bridge columns from boat traffic In the
Intracoastal Waterway. The new "fender" system will be located
on City owned submerged bay bottom lands of Biscayne Bay In the
Intracoastal Waterway adjacent to the MacArthur Causeway. The
Florida Department of Transportation has requested an easement
for this purpose.
92-- 772