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Home My WebLink AboutR-90-0941J-90-889 11/08/90 RESOLUTION NO. 9 0 941 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT TO LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND EXECUTE AN EASEMENT AGREEMENT WITH METROPOLITAN DADE COUNTY RELATIVE TO ITS ENCROACHMENT UPON A RIPARIAN AREA OF THE MIAMI RIVER, FOR THE CONSTRUCTION OF THE METROMOVER MIAMI RIVER BRIDGE PIER AND FENDER SYSTEM BY DADE COUNTY ON THAT PORTION OF MIAMI RIVER BOTTOM OWNED BY THE STATE OF FLORIDA. WHEREAS, the City Commission adopted Resolution No. 83-543 approving the full funding proposal for implementing the full system of the Downtown People Mover (Metromover), including the Omni and Brickell extensions; and WHEREAS, the City of Miami desires to support Dade County's efforts to implement the Metromover Extension Project; and WHEREAS, the City of Miami Commission adopted through Resolution No. 90-285, a recommendation to Metropolitan Dade County not to delete the proposed Riverwalk Metromover Station; and WHEREAS, Dade County, at the request of the Miami City Commission, has retained the proposed location of the Riverwalk Station by redesigning the bridge crossing and providing a bridge support pier and fender system located in the Miami River at an additional cost of approximately $600,000; and WHEREAS, Dade County is requesting that the Miami City Commission approve a Consent to Lease Agreement of the City's riparian area on and adjacent to the northern bank of the Miami River to construct the Metromover Miami River Bridge pier and fender system; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: ATTACHMENTS CONTAINED CITY COMMISSION MEETING OF DEC 6 Im ,,�, �° ` 941 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 Consent to Lease Agreement, in substantially the attached form, of the City's riparian area on and adjacent to the northern bank of the Miami River with Dade County in order for the County to construct and maintain the Metromover Miami River Bridge pier and fender system for the proposed Metromover Extension Project. A legal and other descriptions of the subject land area are attached hereto. Section 3. The City Commission also hereby agrees to, and authorizes the City Manager to execute an agreement granting Metropolitan Dade County a permanent easement in the City's riparian area of the Miami River, as described above, and more particularly described on attachments hereto. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 6th day of December , MATTY HIRA CITX CLERK LEGAL REVIEW: t `� JO L E. MAXWEL (:��EF ASSIST T CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ARGJTRNMBEZ-�0AD CITY A JEM/EW/db/M1804 -2- 9 Z, MA' 90-- 941 u CONSENT TO LEASE 40 f MIA= a (Political subdivison of the State of Florida) bereby consents to the Board of Trustees of the Internal Improvement Trust Fund leasing to Metropolitan Dade County that portion of bay bottom preempted by -the Metromover Miami River Bridge which is adjacent to and'encroathas upon the riparian, area of the City of Miami , as shown on the Certified, Staled Survey performed by Manuel G. Vera and Assoc., Inc_._ ; dated 9/10/90 , a copy of which is attached hereto and becomes a part of thid instrument. This Consent is for the full term of the Trustees' lease to Metropolitan Dade County including renewal terms. IN V=NESS wul;RLGF. the said (Corporation/Partnership/Business/etc.) has caused this doeu==t to be executed in its name and duly authorized, this day of , I9 _. (Corporate Seal, if applicable) Signed, sealed and delivered in the presence of: (Witnesses) Recorded in County Records STATE OF FI.ORIDA COUNTY OF This Copy is a True Copy of the Original on File in this Office. Witness my hand and Official Seal This day of A.D., 19 ' by STATE OF FLORM ) • ) SS: ' COQt n OF ) ' I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknovledgements, personally appeared of the City of Miami a (Corporation/Partnership/Business/etc.) and that acknowledged executing the sass in the presence of two subscribing witnesses freely and voluntarily under authority duly vested. ' 014NESS my hand and official seal in the County and State last aforesaid this .__.. day of 19 by Cancusun bmiras: Notary Public, State of Florida 90- 941 TO: Division of State Lands Submerged Lands Section 3900 Commonwealth Boulevard Marjorie Stoneman Douglas -Building, Room 203 Tallahassee, Florida 32399 SUBJECT: Application No. 131816826.......... Applicant: Metropolitan Dade County___ AFFIDAVIT STATE OF FLORIDA COUNTY OF Dade Before me this day personally appeared ___ _ _-__ __, who, being duly sworn, deposes and says that he/she has been advised that Section 18-21.004(3)(d), Florida Administrative Code, states: "All structures and other activites must be set back a minimum of 25 feet from the applicant's riparian rights line. Marginal docks may be set back only 10 feet. There shall be no exceptions to the setbacks unless the applicant's shoreline frontage is less than 65 feet or a sworn affidavit of no objection is obtained from the affected adjacent upland riparian owner, or the proposed structure is a subaqueous utility line." a", as adjacent upland riparian owner to the facility covered under subject State Submerged Lands Consent, has no objection to the structures/activities associated with the. subject area not meeting the 25 foot setback requirement. Original signature -of person making affidavit) Sworn to and subscribed before me the ______ day of —, A.D., 19... . My Commission Expires: ------_-t�otary Public _ - State of Florida 9 0 M- 941 Le Tcr 45 lb tom. k*sn.,m 0 amcwr No 'S sw Ssr ;OW A • 4W all A it SURVIE, sl-Lkjp cmv'y QAC, 0. FA VERA AND SSOC.. I Ow""'Oft . METROMOVER MIAMI RIVER BRIDGE ( Brickell Exte- jislon ) HETROMOVER EXTLNSION PROJECT PUMAYENT EASEMENT FROM THE CITY OF MIAMI Parcal Area • 90 sq. ft. Cooemence at the Northeast corner of that certain unnumbered tract of land lying South of S.E. 4th Street, as shown on FLORIDA MOTOR MAARTS# INC., according to the plat thereof recorded in Plat Book 30 at Page 16 of the Public Records of Dade County, Florida; thence run S 2'12'29" E for a distance of 143.04 feet; thence run S 12*21123" H for 21.24 feet to the Point of Beginning of the following described parmanent easement; thence continue on the last described course for 12.74 feet; thence run N 35*3612111 E for a distance of 19.03 feet; thence run S 67038137" u for a distance of 14.13 feet to the Point of Beginning. Containing 90 square feet more or lass. wic n 90- 941 A LV .. I i CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM wl y To Honorable Mayor and. Members DATE NOV 2 T 1990 FILE of the City Commission Metromover Extension Issues SUBJECT FROM Cesar H . Od i o REFERENCES City Manager t ENCLOSURES. RECOMMENDATION: It is respectfully recommended that the City Commission approve and authorize the City Manager: (1) To execute a Consent to Lease Agreement and an Easement Agreement with Metropolitan Dade County approving an encroachment upon a riparian area of the Miami River owned by the City of Miami, for the construction of the Metromover Miami River Bridge pier and fender system on that portion of the Miami River bottom owned by the State of Florida. (Note: This item was continued and the companion item was withdrawn at the October 25, 1990, City Commission meeting.) One June 15, 1983, the City Commission adopted Resolution No. 83-543 approving the full funding pro osal for implementing the full system of the Downtown People Mover (Metromover�, including the Omni and Brickell extension. On April 12, 1990, the City Commission adopted, through Resolution No. 90-285, a recommendation to Metro Dade County not to delete the proposed Riverwalk Metromover •Station. The County, at the request of the City Commission, has retained the proposed location of the Riverwalk Station by redesigning the bridge crossing and providing a bridge support pier and fender system located in the Miami River at an additional cost of approximately $600,000. In order to accommodate the City Commission's request, the County has requested the execution of the Consent to Lease and Easement Agreement of the City's riparian area on the northern banks of the Miami River. Attachments cc: Elbert L. Waters, Assistant Director Planning, Building and Zoning Department Luis A. Prieto-Portar, Director Department of Public Works @) 90- 941