HomeMy WebLinkAboutR-90-0942J-90-890
12/06/90
RESOLUTION NO. 9 U __ 942
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE RECIPROCAL GRANTS
OF EASEMENTS, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH METROPOLITAN DADE COUNTY, AS
FOLLOWS: GRANTING DADE COUNTY AN EASEMENT TO
CONSTRUCT AND MAINTAIN A GUIDEWAY FOR THE
OMNI EXTENSION OF THE METROMOVER EXTENSION
PROJECT OVER A PORTION OF THE MIAMI MUNICIPAL
RAILWAY RIGHT-OF-WAY LOCATED ON THE WESTERLY
SIDE OF NORTHEAST 2ND AVENUE BETWEEN
NORTHEAST LOTH AND NORTHEAST 11TH STREETS
(APPROXIMATELY 0.02 ACRES); AND RECEIVING
FROM DADE COUNTY IN RETURN A PERMANENT
EASEMENT (APPROXIMATELY 0.237 ACRES) ACROSS
DADE COUNTY PROPERTY TO CONSTRUCT AND
MAINTAIN THEREON THE PROPOSED SOUTHEAST 1ST
AVENUE ROADWAY EXTENSION BETWEEN SOUTHEAST
6TH AND SOUTHEAST 8TH STREETS ALONG THE
GUIDEWAY OF THE BRICKELL METROMOVER
EXTENSION.
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 guideway of the Omni Extension of the proposed
Metromover Extension Project is located over a portion of the
Miami Municipal Railway Right -of -Way on the westerly side
Northeast 2nd Avenue between Northeast loth and Northeast llth
Streets, Miami, Florida, as described by the attached legal
description, hereinafter referred to as Parcel No. N7B; and
WHEREAS, Dade County is requesting that the City Commission
provide a Grant of Easement to Dade County to construct and
maintain a guideway for the proposed Omni Metromover Extension
Project over the aforesaid Parcel No. N7B; and
WHEREAS, the City of Miami is requesting in return for said
easement, that Dade County provide a permanent Grant of Easement
to the City of Miami to construct and maintain a roadway for the
� ATTACHMENTS
CONTAINED
CITY COWISSION
MEETING OF
DEC 8 1880
so- 942
101
proposed Southeast 1st Avenue extension between Southeast 6th to
Southeast Sth Streets along the guideway of the Brickell
Extension; and
WHEREAS, Dade County, as a condition of its grant of
easement, has required the City to include the proposed Southeast
1st Street Extension Project (the "Project") in the City's
Capital Improvement Program Budget and initiate construction of
said Project within ten (10) years of the effective date of the
subject enabling easement; and
WHEREAS, under the terms of Dade County's above stated
requirement, if construction has not been initiated on the
Project by the City within the above -described ten (10) year
period, said easement shall revert to Dade County; and
WHEREAS, the City Commission, after caref,l consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City to require a permanent unconditional
easement from Dade County in return for the City's unconditional
reciprocal 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 City Manager is hereby authorized to execute
a Grant of Easement, in substantially the attached form, to Dade
County to construct and maintain a guideway for the proposed Omni
Metromover Extension Project over a 0.02 acre portion of the
Miami Municipal Railway Right -of -Way, located on the westerly
side of Northeast 2nd Avenue between Northeast loth and Northeast
11th Streets. Said property, which is also known as Parcel No.
N7B, is more particularly described on the attachments hereto.
Section 3. The City Manager is also hereby directed to
obtain, in return for the execution of said Grant of Easement,
from Dade County, a permanent Grant of Easement of approximately
0.237 acres to construct and maintain the proposed Southeast 1st
_2-
90- 942
4 1#
Avenue roadway extension between Southeast 6th and Southeast 8th
Streets parallel with and adjacent to the proposed Brickell
Metromover Extension Guideway.
Section 4. The City Commission further agrees that should
the subject easement be abandoned or discontinued by operation of
law or otherwise, the said easement shall cease and revert to
Dade County, its successors or assigns.
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 6th day of December
1990.
ATTE4
J
t
MA HIRAI
CITY CLERK
LEGAL REVIEW:
e!EFMASSISTANT
XWELL
CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
1 A f\. IF
JO GE L.-F RNANDEZ
CI Y ATTO EY
JEM/EW/db/M1805
` C
XAVIER L. S ARE , MAYOR
-3- 90- 942
GRANT OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS
That Dade County, a Political Subdivision of the State of
Florida, herein called "Grantor", for and in consideration of the
sum of ONE DOLLAR ($1.00) and other good and valuable
considerations, this day In hand paid to It by the City of Miami,
a Municipal Corporation, P.O. Box 330708, Coconut Grove Station,
Miami Florida, 33233-0708 In the State of Florida, herein called
"Grantee", receipt of which Is hereby acknowledged, does hereby
grant, give, convey to said Grantee, Its successors and assigns,
forever, a permanent easement for the purpose of constructing and
maintaining a roadway and appurtenant underground drainage
structures over and under the surface of the following described
land owned by Grantor, situated In The City of Miami,
County of Dade and State of Florida, to wit:
(See attached legal description and sketch
of Parcel.)
IT IS UNDERSTOOD AND AGREED by and between the parties
hereto that GRANTEE agrees that the said roadway for proposed
S.E. 1st Street shall be constructed over the land hereby given
for such right and shall always be maintained so as not to be or
become a nuisance.
IT IS ALSO UNDERSTOOD AND AGREED by and between the parties
hereto that GRANTEE agrees to construct the said roadway within
10 years of the effective date of this Agreement and that
evidence to construct will be reflected in the Capital
Improvements Program of the City of Miami.
SHOULD the above roadway not be constructed within 10 years
of the effective date of this Agreement, the said easement shall
cease and revert to the GRANTOR, herein, Its successors or
assigns.
SHOULD the above easement be abandoned or discontinued by
operation of law or otherwise, the said easement shall cease and
revert to the GRANTOR, herein, Its successors or assigns.
IN WITNESS WHEREOF, The Grantor hereunto sets Its hand and
seal this day of , 1990.
Witness to Signature
Print Name
Print Address
Witness to Signature
Print Name
Print Address
METROPOLITAN DADE COUNTY
a Political Subdivision
By:
Joaquin Avino
County Manager
90- 942
7
STATE OF FLORIDA)
) SS:
COUNTY OF DADE )
BEFORE ME, the undersigned authority this day personally
appeared Cesar H. Odlo, to me known to be the City Manager of the
City of Miami, Grantor in the foregoing Easement, and he
acknowledged to me that he has read the foregoing Easement and
executed same in said capacities on behalf of the City of Miami for
the uses and purposes therein expressed.
SWORN TO AND SUBSCRIBED befor me this
, 1990, at Miami, Dade County, Florida.
(SEAL)
My Commission Expires:
- 2 -
day of
Notary Public, State of Florida
at Large
90-- 942
GRANT OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS
That the City of Miami, a Municipal Corporation, P.O. Box
330708, Coconut Grove Station, Miami, 33233 -0708, of the County
of Dade, in the State of Florida, herein called "Grantor", for
and In consideration of the sum of ONE DOLLAR ( $1 .00) and other
good and valuable considerations, this day In hand paid to it by
Dade County, a political subdivision of the State of
Fiorida,hereln called "Grantee", receipt of which Is hereby
acknowledged does hereby grant, give, convey to said Grantee, Its
successors and assigns, forever, a permanent easement for the
purpose of constructing and maintaining a guideway for the Omni
Extension of the Metromover Extension Project over the surface of
the following described land owned by Grantor, situated In
The City of Miami, County of Dade and State of Florida, to wit:
(See attached legal description and sketch
j of Parcel No. N7B)
IT IS UNDERSTOOD AND AGREED by and between the parties
hereto that GRANTEE agrees that the said guideway for the Omni
Extension of the Metromover Extension Project to be constructed
over the land hereby given for such right, shall always be
maintained so as not to be or become a nuisance.
SHOULD the above easement be abandoned or discontinued by
operation of law or otherwise, the said easement shall cease and
revert to the GRANTOR, herein, its successors or assigns.
IN WITNESS WHEREOF, The Grantor hereunto sets Its hand and
seal this day of , 1990.
Witness to Signature
Print Name
CITY OF MIAMI
a Municipal Corporation
By:
Cesar H. Odlo
City Manager
Print Address
APPROVED AS TO FORM AND
Witness to Signature CORRECTNESS:
Print Name
Jorge L. Fernandez
Print Address City Attorney
90- 942
tom.
Dade County PARCEL DATA SHEET 111.04_13
? Public Works - R/W Div. METROMOVER EXTENSION PROJECT
OMNI EXTENSION
Rd. ii Section 17-91-41 Parcel No. N7R
Owner City of Miami
Parcel Area 695 sq . f t.
Parent Tract Area 17,952 sq. ft.
Legal Description of Parcel
A portion of Lots 1 and 20 in Block 19N of A.L. Knowlton's MAP OF MIAMI, according to
the plat thereof recorded in Plat Book 'B' at Page 41 of the Public Records of Dade
County, Florida, being more particularly described as follows:
BEGIN at the point of intersection of the East line of said Lot 1 with the North line
of the South 29.00 feet of said Lot 1; thence run S 87*44'14" W along the North line
of the South 29.00 feet of said Lot 1 for a distance of 17.49 feet; thence run
S 12°49'23" E for a distance of 1.34 feet to the point of curvature of a circular
curve to the right; thence run Southeasterly along the arc of said circular curve to
the right, having a radius of 425.88 feet, through a central angle of 04*06125" for
an arc distance of 30.53 feet to the point of intersection with the South line of the
North 2.50 feet of said Lot 20; thence run N 87*4411411 E, along the South line of the
North 2.50 feet of said Lot 20, for a distance of 2.72 feet to the point of
intersection with the West line of the East 10.00 feet of said Lot 20; thence run
S 02°14'17" E, along the West line of the East 10.00 feet of said Lot 20, for a
distance of 22.50 feet to the point of intersection with the South line of the North
25.00 feet of said Lot 20; thence run N 87*44114" E, along the South line of the
North 25.00 feet of said Lot 20, for a distance of 10.00 feet to the point of
intersection with the East line of said Lot 20; thence run N 02*14117" W, along the
East line of said Lots 20 and 1, for a distance of 54.00 feet to the POINT OF
BEGINNING.
90--- 942
RovixW Pascal No. N., N7B Date dune 20, 1990
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Area of Parcels 695 Sq. Ft.
. Area of Parent Tract. i7,,952 Sq. Ft.
Re/.O.C.F.B /909#P9s 20"1
BLOCK /9N
A. L. Knowlton s MAP Of M/AM/
90- 942
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aml EXTENS/AN
No. 663/3T
Soclion 37-55-41 - .J `n/T4E4 ft NM
IF
El
STATE OF FLORIDA)
) SS:
COUNTY OF DADE )
BEFORE ME, the undersigned authority this day personally
appeared Joaquin Avino to me known to be the County Manager of
Metropolitan Dade County Florida, GRANTOR In the foregoing
Easement, and he acknowledged to me that he has read the foregoing
Easement and executed same In said capacities on behalf of the
County of Dade for the uses and purposes therein expressed.
SWORN TO AND SUBSCRIBED befor me this day of
1990, at Miami, Dade County, Florida.
(SEAL)
My Commission Expires:
- 2 -
Notary Public, State of Florida
at Large
90- 942
Mh;ROMOVER EXTENSiON PROJECT
EASEMPNT TO THE CITY OF MIAMI
FOR ROAD PURPOSES
PARCEL NO. S48
A portion of Lot& 8 and 16 in Block 1075 of SUBDIVISION OF THAT PORTION OF
THE CITY OF MIAMI, LYING EAST OF AVENUE "D" (Miami. Avenue), SOUTH OF MIAMI
RIVER, NORTH OF 20TH STREET (S.E. 8th Street), AND WEST OF THE LANDS OF
MARY BRICKELL,, according to the plat thereof recorded in Plat Book "B" at
Page 77 of the Public Records of Dade County, Florida, being more
particularly described as tollows:
Begin at the Northeast corner of said T,ot 8; thence run S 87°48'14" W along
the North line of said Lot 8 for a distance of 32.86 feet to a point of
intersection with a circular curve concave to the Southwest, the center of
which bears S 43°47'19" W; thence run Southeasterly along the are of said
circular curve concave to the Southwest having a radius of 24.50 feet
through a central angle of 43*56108" for an arc distance of 18.79 feet to a
point of tangency; thence run S 2°16'33" E for a distance of 182.14 feet;
thence run S 8*27117" E for a distance of 80.60 feet to a point of
curvature of a circular curve to the right; thence Arun Southeasterly to
Southwesterly along the arc of said circular curve to the right having a
radius of 24.50 feet through a central angle of 53*33150" for an are
distance of 22.90 feet; thence run N 87049140" E for a distance of 25.01
feet; thence run N 2°15118" W for a distance of 299.94 feet to the Point of
Beginning.
wsc
90- 942
Y
METROMOVER EXTENSION PROJECT
F,AS", LENT TO THE CITY OF MTAMI
FOR ROAD PIJRPOSF$
PARCEL, NO. SSA
A portion of Lots 8 and 16 in block 106S of SUBDIVISION OF THAT PORTION OF
THE CITY OF MIAMI, LYING EAST OF AVENUE "D" (Miami Avenue), SOUTH OF MIAMI
RIVER, NORTH OF 20TH STREET (S.E. 8th Street), AND WEST OF THE LANDS OF
MARY BRICKELL. according to the plat thereof recorded in Plat Book "B" at
Pome 77 of the Public Records of Dade County. Florida, being moro
particularly described as follows:
Begin at the Northeast corner of said Lot 8; thence run S 87*49140" W along
the North line of said Lot 8 for a distance of 18.80 feet to a point of
intersection with a circular curve concave to the Southwest, the center of
which bears S 40*52139" W; thence run Southeasterly along the are of said
circular curve concave to the Southwest having a radius of 24.50 feet
through a central angle of 46°51'47" for an are distance of 20.04 feet to a
point of tangency; thence run S 2*15134" E for a distance of 191.56 feet;
thence run S 7011100" E for a distance of 68.87 feet to a point of
curvature of a circular curve to the right; thence run Southeasterly to
Southwesterly along the arc of said circular curve to the right having a
radius of 24.50 feet through a central angle of 53*49156" for an arc
distance of 23.02 feet; thence run N 87*36152" E for a distance of 13.08
feet; thence run N 2°12'31" W for a distance of 298.52 feet to the Point of
Beginning.
90- 942
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'ROWRI EXTEWROU P
U iCTM . tXTEMOPIO I
Easeme"i to %C citl of Miami
for Qond Pur toses an 5E.1 Avenue
CITY OF MIAMI, FLORIDA is
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE V 1 11990 FILE
of the i ty Commission
Metromover Extension Issues
SUBJECT
FROM Cesar H. Odlo REFERENCES.
City Manager
ENCLOSURES.
t
RECOMMENDATION:
It is respectfully recommended that the City Commission approve and authorize the
City Manager:
(1) To execute reciprocal grants of easements with Metropolitan Dade
County, in substantially the form attached, to wit: granting
Dade County a permanent easement to construct and maintain a
guideway for the Omni Extension of the Metromover Extension
Project over a portion of the Miami Municipal Railway right-of-
way, located on the westerly side of N.E. 2nd Avenue between N.E.
loth Street and N.E. 11th Street (approximately 0.02 acres); and
receiving in return, a permanent easement across Dade County
property to construct and maintain the proposed S.E. 1st Avenue
roadway extension between S.E. 6th to S.E. 8th Street parallel
and adjacent to the guideway of the Metromover Brickell Extension
(approximately 0.237 acres), per the attached resolutions (1 and
2 respectively).
(Note: This item was withdrawn at the October 25, 1990, City
Commission meeting.)
BACKGROUND:
On June 15, 1983, 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.
Metropolitan Dade County has requested permission from the City of Miami, in the
form of a Grant of Easement, to construct and maintain the guideway of the Omni
extension over that portion of the City's Municipal Railway right-of-way located
at N.E. 2 Avenue between N.E. 10th and llth Streets.
The attached Grant of Easement will in no way relinquish the City's authority to
control the area described within the easement for public purposes.
0
Page 1 of 2
90-- 942
1;
In exchange for the grant of easement located at the Municipal Railroad right of
way, the City Administration is recommending a reciprocal easement across Dade
County property located between S.E. 6th to S.E. 8th Streets along the Metromover
Brickell Extension alignment for the proposed construction of the S.E. 1st Avenue
extension.
Attachments
t cc: Elbert L. Waters, Assistant Director
Planning, Building and Zoning Department
Luis A. Prieto-Portar, Director
Department of Public Works
Page 2 of 2
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