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Home My WebLink AboutR-85-0907J-85-820 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO QUIT -CLAIM TO MIAMI-DADE WATER AND SEWER AUTHORITY ANY INTEREST THE CITY OF MIAMI MAY HAVE IN THE WATER MAINS AND FACILITIES THAT SERVE HORATIO'S RESTAURANT LOCATED WITHIN THE ACCESS ROADWAY TO RUSTY PELICAN RESTAURANT ON VIRGINIA KEY. WHEREAS, Horatio's Resturant has extended a water main to serve their Restaurant which is located within the access roadway for the Rusty Pelican Restaurant; and WHEREAS, this access roadway is City Property and neither dedicated nor leased to either Rusty Pelican or Marina Biscayne, Ltd. (Horatio's Restaurant being a sublease of Marina Biscayne, Ltd .) ; and WHEREAS, the City of Miami will allow Miami -Dade Water and Sewer Authority access to its facilities in said roadway; and WHEREAS, the City of Miami will quit -claim any interest it may have, whatsoever in said water mains and appurtenances a } located within their access roadway; i NOW, THEREFORE, BE IT RESOLVED BY THE C014MISSION OF THE CITY .j OF MIAMI, FLORIDA: Section 1. That the City of Miami hereby quit -claims any interest it may have in these water mains and facilities, located within the access roadway to the Miami -Dade Water and Sewer Authority of Dade County and allow them to extend, modify and maintain such facilities as may be required from time to time. Section 2. The City Manager and City Clerk are hereby authorized and ,directed to execute the attached quit -claim and cause the same to be recorded in the Public Records of Dade County, Florida. CITY COINor IMISSION M:; ETIIIC OF SEP RESOLU I lint nu. el PASSED AND ADOPTED this 12thday of SEPTEMBER, 1985. PREPARED AND APPROVED BY: G�WW �kat&- ____ . MIRIAM MAER _ ASSISTANT CITY ATTORNEY APPROVED AS LUCIA A. DOLX CITY ATTORN Y MAURICE A. FERRE .------------- ---- -M A Y 0 R v FORM AND CORRECTNESS: QUIT _CLAIM THIS INDENTURE, made this day of August, 1985, by and between THE CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Dade, of the first part, as grantor, and Metropolitan Dade County of the County of Dade in the State of Florida, of the second part, as grantee (the word "grantee" meaning either singular or plural and including the heirs, assigns, personal representatives and successors thereof, where the context so requires or admits); WI'INESSETH: That the grantor, for an in consideration of the sum of One Dollar ($1.00) paid by the grantee, the receipt whereof is hereby acknowledged, and other valuable considerations, has remised, released and quit -claimed, and by these presents does remise, release and quit -claim unto the said grantee, all the right, title, interest, claim and demand which the grantor has in and to the following described facilities situate, lying and being in the County of Dade, State of Florida, to -wit: See Exhibit "A" attached and made a part hereof and the followingdescribedfacilities: EXHIBIT "B" Horatio's Restaurant 1. Approximately 102 lineal feet of 16-inch ductile iron pipe water main including all valves, fittings and appurtenances thereto. 2. One complete Dade County approved fire hydrant assembly including all valves, fittings and appurtenances thereto. 3. One 6-inch fireline including all valves, fittings, meter boxes and appurtenances thereto, but not including meters. 4. One 2-inch single service including all valves, fittings, meter boxes and appurtenances thereto, but not including meter. 5. Two 1-inch single services including all valves, fittings, meter boxes and appurtenances thereto, but not including meter. TO HAVE A14D TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the said grantor either at law or in equity, to the only proper use and benefit of the said grantee forever. IN WITNESS WHEREOF, The City of Miami, a municipal corporation of the State of Florida, 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 Signed, sealed and delivered in the presence of: THE CITY OF MIAMI By Sergio Pereira, As City Manager Attest As City Clerk 85:-900' Page 1 of 2 f 0. STATE OF FLORIDA ) COUNTY OF DADE ) I, an officer authorized to take acknowledgments, HEREBY CERTIFY that on this day of _ , 19 , personally appeared before me Sergio Pereira and Ralph Ongie known to me to be the City Manager and the City Clerk, respectively, of THE CITY OF MIAMI, a municipal corporation in and under the laws of the State of Florida, and known to me to be the persons who executed the foregoing instrument, and they severally acknowledged the execution thereof to be their free and voluntary act and deed as such officers, for the uses and purposes therein expressed, and that they affixed thereto the official seal of the said municipal corporation, all by and with the authority of law and of the City Commission, and that the said instrument is the free and formal act of the said municipal corporation. WITNESS my hand and official seal in said County and State the day and year last aforesaid. THIS INSTRUMENT IS ACCEPTED PURSUANT TO RESOLUTION NO. PASSED AND ADOPTED Notary Public, State of Florida at Large My Commission expires: AND CORRECTNESS: APPROVED AS TO DESCRIPTION Donald W. Cather Director of Public Works ' ' / ' ' / / � ' , ---------- � � � - / EXHIBIT 'W/ FOR cx �� `� ww" "^~ ow August 2, 1985 Mr. Garrett Sloan, Director Miami -Dade Water & Sewer Authority Dept. P.O. Box 330316 Miami, Fl. 33233-0613 Attention: Ms. Bonnie Wells Dear Ms. Wells: Sewer Easement - Marine Stadium Please consider this letter your authority to maintain, modify, and install additional water or sewage facilities within the area designated as the Rusty Pelican Access Road, at the City of Miami Marine Stadium. The conditions and procedures to follow for new work which the Authority may need to do within this access roadway shall follow the guides established for work within a public right of way. If the Authority is of the opinion that additional assur- ance granting them authority to work within this right of way is necessary, we will prepare a temporary Grant of Easement. This temporary Grant of Easement would be held in effect until such time as the plat, which grants a perma- nent utility easement, is final. An easement will require approval of the City Commission. i The earliest that we could present an easement for their i consideration would be September 1985. In the interim, I would prevail upon you to accept this correspondence as sufficient authority to accept transfer of the water mains for Horacio's Restaurant in lieu of the required easement. The disclaimer of ownership of the mains which the City is in the process of executing further demonstrates the City's position that these are indeed Water and Sewer Authority facilities. Sincerely, _ /,�� Donald W. Cather•, P.E. Director i DWC:WAL:vh i niP lr•;i`.i('.T t `f N Elie!- 11C .Q .'i .. 'ni! ...•t V.. 'IUti'1J •.1�, . �'.1.rrSib CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM TO Miriam Maer oa-E August 1, 1985 CTLE Assistant City Attorney �V'gE HORATIO'S RESTAURANT - Water Main Extension RoM Donald W. Cather REFi REN,-ES Director of Public Works FN-1O,*,QF5 Bill of Sale & Grant of Easement Enclosed you will find an Absolute Bill of Sale and a Grant of Easement form which has been prepared by the MDW&SA. I am seeking your opinion on both of these instruments. As background information, the water main extension in question is located within the access road way for the Rusty Pelican Restaurant. This access has not been leased to either Rusty Pelican or Marina Biscayne, Ltd. In the agreements with Rusty Pelican, (Specialties Restaurant Corp.) the City is required to provide them access to their tract and this road is for that purpose. The City property on each side of this access roadway has been leased to Marina Biscayne, Ltd., who in turn has subleased a portion of their lease interest to Horatio's Restaurant. The City is in the process of platting its Virginia Key property. The first plat is entitled Virginia Key Tract A and covers these two areas as well as the rest of the stadium compound. When this plat is finaled, there is wordage allowing the use of this access roadway as a utility easement. At the present time, the access roadway is still City of Miami property. For this reason the Water & Sewer Authority is asking that the City of Miami execute the attached Absolute Bill of Sale along with the officials of Horatio's Enterprise. This main extension was installed at the sole expense of Horatio's Enterprise. The only participation by the City of Miami was in allowing this main to be located within the access roadway. This same situation will be occurring with the Rusty Pelican Restaurant in the near future. They are being required to extend this new main to their r building to provide additional water for fire flow requirements. I have written a letter to Mr. Garrett Sloan, Director of the Water & Sewer Authority, stating that the City of Miami would allow them access to their facilities. A copy of this letter is r' s i i 7 i a i i _ __.. Miriam Maer - 2 - August 1, 1985 enclosed in this package. I have agreed to request the City Commission to grant the Water and Sewer Authority a temporary easement for their facility until such time as the City has completed the platting process. It is my understanding that they have agreed with this procedure and it will not be necessary for us to execute the Grant of Easement which they have supplied. Therefore, my two questions to you are: 1. Should the City of Miami execute the Absolute Bill of Sale and who should execute it? 2. Do you foresee any problem in the City of Miami granting a temporary maintenance easement to the Water & Sewer Authority? The Water & Sewer Authority is refusing to install the new water meters for Horatio's until the Bill of Sale has been executed and returned to them. So as not to delay the opening, your prompt review and response to this matter will be appreciated. WAL:mh a A CITY OF MIAMI, FLORIOA INTER -OFFICE MEMORANDUM t rD Honorable Mayor and DATE c,EE Members of the City Commission Quit Claim Horatio's Restaurant - Water Main Facilities to Miami -Dade Water & Sewer Authority FROM REFFRFIN CES Sergio Pereira For Commission Meeting City Manager ENCLOSURES of September 12, 1985 i` The Department of Public Works recommends the adoption of the attached resolution authorizing the City Manager and City Clerk to Quit -Claim to Miami -Dade Water & Sewer Authority any interest the City of Miami may have in those Water Mains and Facilities that will serve Horatio's Restaurant located within the access roadway to the Rusty Pelican Restaurant which is City of Miami Property at Virginia Key. As part of Horatio's lease agreement they were required to provide any and all additional utilities to their property. Horatio's has now extended a water main to serve their restaurant which is located within the access road to the Rusty Pelican Restaurant on Virginia Key. Before the Miami -Dade Water & Sewer Authority permits the connection of their water meter to Horatio's Restaurant They have asked that the City execute a Bill of Sale for these facilities. In lieu of this our department of Law has prepared a Quit -Claim document disclaiming any interest that we may have in the water facilities. The attached resolution authorizes the proper officials of the City to execute this Quit -Claim document. DWC : WKB : mw Resolution attached cc: Alberto Ruder