HomeMy WebLinkAboutR-82-0131RESOLUTION NO. $ 2 ' 1 3 1
A RESOLUTION GRANTING TO SOUTHERN BELL
TELEPHONE COMPA14Y AN EASEMENT ALONG
SOUTH BAYSHORE DRIVE AND PAN AMERICAN
DRIVE FOR THE INSTALLATION OF TELEPHONE
CABLE TO SERVE THE CITY HALL AND DINNER
KEY MARINA AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID INSTRUMENT
HERETO ATTACHED.
WHEREAS, Southern Bell Telephone Company has requested that
the City of Miami grant a five W) foot easement for proposed
telephone cables in the Dinner Key area to improve telephone
service to City Hall and the Dinner Key Marina; and
WHEREAS, the area of the City of Miami property required is
located within the side parkways of South Bayshore Drive and Pan
American Drive as shown on the attached drawing and described in
Exhibit "A" and made a part hereof; and
WHEREAS, Southern Bell Telephone Company shall provide ac-
curate "AS -BUILT" measurements to the City taken from field infor-
mation at the completion of the project; and
WHEREAS, it is now in order for the City Commission to approve
the granting of the aforesaid easement, and to authorize the City
Manager and City Clerk to execute, said easement and;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Grant of Easement (copy attached) to Southern
Bell Telephone Company for the construction, installation and
maintenance of a cable, under a portion of the City of Miami's side
parkways of South Bayshore Drive and Pan American Drive at Dinner
Key for the purpose of providing improved service to City Hall and
the Dinner Key Marina is hereby approved.
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CRY COMMISSION
MEETING OF
F E B 1 1 1982
NEUMN NO.8.2 - 13
1
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Section 2. The City Manager and City Clerk of the City of
Miami are hereby authorized to execute and deliver the aforesaid
Grant of Easement to Southern Bell Telephone Company.
PASSED AND ADOPTED this 11TH day of FEBRUARY, 1982.
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
L
i AA" -
DEPUTY CI ATTORNEY
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MAURICE A. FERRE
MAYOR
APPROVED AS TO FORM AND CORRECTNESS 0
L
GE04E F. KNOX, JR., CITY A
Q.
N
G�
CITY t:;i M1AMI. r _CMDA
INI t *r__7%_1D =i=1Ci7_ 'A_%'4MOPANDUM
Howard V. Gary December 30, 1981 71LE
City Manager
Grant of Easement to
Southern Bell Telephone
Company at Dinner Key
Donald W. Cather For Commission Meeting
Director of January 14, 1982
Dep men c Works L C URES
THE DEPARTMENT OF PUBLIC WORKS RECOM-
MENDS ADOPTION OF THE ATTACHED RESO-
LUTION GRAFTING A FIVE (5') FOOT
EASEMENT TO SOUTHERN BELL TELEPHONE
COMPANY FOR PURPOSES OF REPLACING
THEIR FACILITIES TO CITY HALL,
Southern Bell Telephone Company has requested the City of Miami to
grant an easement for expanding facilities to City Hall and. Dinner
Ivey Marina in order to provide improved service and replace existing
deteriorated cable.
This proposed easement will be located in the Southeast side parkway
of South Bayshore Drive and the Northeast side parkway of Pan Ameri-
can Drive at Dinner Key and poses no problem to the existing utilities.
The proposed cable is to be laid between existing manholes at either
end.
The Department of Public Works foresees no objection to granting
Southern Bell Telephone Company the aforesaid easement.
WKB:es
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.OU2
R. F. Hausmann
District Manager
Engineering
December 8, 1981 `
File tdo: IN -25. 2 -
�Mr. Luther E ong -
CQns#. ction Engineer
Department, of Public Work
275 N. W. 2 Street
Miarai, florida 33128
Re: Dinner Key and City Hall telephone easement -
Dear Sir:
i
Southern Bell
250 Alhambra Circle -Room 338
Coral Gables. Florida 33134
Phone (305) 446-1333
Enclosed is the new proposed easement reflecting a change in
the South Bayshore Drive route. The revision complies with
your design divisions' requested location. To address your
other objection, it is Southern Bell's current policy to
direct bury cable where required and to place conduit only
crossing highways. Our position has not changed concerning
a conduit system due to cost considerations. If the City of
Miami would like to build such a system to replace their
existing deteriorated one, I would have no objections.
It is imperative that I have a concurrence with our proposal
or a committment by the city to build a system as soon as
possible in order to proceed with construction plans. As you
know, the existing ducts and cables are severely deteriorated
and could affect service to City Hall and the Dinner Key
Marina anytime.
Yours truly,
A
District vi nager-Engineering
JAil/ent
Enclosure
8 - 1 3
Decembers 14 $ 1931•
Southern Bell
250 Alhambra Circle
Coral Gables, Florida 331311
Attn: R. F. Hausmann
Gentlemen:
DINI ERY KEY TELEPHONE EASi-"iL tiT
I received the revised sketch of the proposed telephone
easement this morninS. I an fora -ram riling it on to our Desiggn
Division for approval and for prepe.ration of the necessawy
le;islation to r1rant hae cas�Ment.
I still strin ent'ly ob ect to the inotallation of direct
burial but will leave th.a decision of it's acceptability
Up to t'r1e Co;^pilters ijgd. CoM nunications Department. They
will be sent a copy of your letter and this reply.
Sincerer ,
�j
Luther E. Lone
Construction -Engineer
LET, : mh
cc: V. 1:. Griimm. Jr.
Floyd Joubert, Comp. & Comm. Dept.
be: Construct
Design: FOFt
Central
GRANT OF EASEMENT
THIS INDENTURE, made this . day of ,
19 , between THE CITY OF MIAMI, a municipal corporation of the
State of Florida, party of the first part, and the SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY, a New York corporation licenced
to do business in the State of Florida, party of the second part;
W I T N E S S E T H:
THAT, the party of the first part, for and in consideration
of the sum of ONE DOLLAR ($1.00) and other good and valuable con-
siderations, the receipt of which is hereby 'acknowledged by the
party of the first part, has granted and does hereby grant to the
party of the second part, -its successors and assigns, forever, the
right, privilege and an easement to construct, reconstruct, lay
install, operate, maintain, repair, replace, improve, remove and -
inspect underground cable facilities and all appurtenant equipment,
with full right of ingress thereto and egress therefrom, on the
property of the party of the first part, described as follows,
to wit:
See Exhibits "A" and "B" attached hereto
and made a part hereof as if fully in-
corporated herein.
The party of the second part shall regulate its installation
and future operations so as not to conflict with the normal opera-
tions of the party of the first part; however, the party of the
second part shall enter upon said easement at any time when
immediate, emergency repairs are required.
The party of the second part agrees to assume, indemnify and
hold harmless the party of the first part 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 future underground cable facilities within said easement.
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The party of the first part shall be given opportunity by
the party of the second part 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 party of the second part will be held responsible for any
damage to adjacent property as a result of its installation and
future operations, and further shall restore all pavement, sidewalks,
curb and gutter, existing utilities, and landscaping to original
condition.
The party of the second part, during the course of installation
i and future operations, shall maintain a minimum width of trench and
i
not encroach beyond the boundaries of the above easement or any
other easement that may be granted by the party of the first part.
The party of the first part 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 revart with the
right of immediate possession and right of entry to the party of
the first part and 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 there -
unto duly authorized this day of , 1982 A.D.
_ THE CITY OF MIAMI, FLORIDA
By:
HOWARD V. GARY
As City Manager
Attest:
Ralph G. Ongie
As City Clerk
APPROVED AS TO FORM AND CORRECTNESS
George F. Knox, Jr., City Attorney
APPROVED AS TO DESCRIPTION
William E. Parkes, Assistant Direct
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EXHIBIT "A"
SOUTHERN BELL TELEPHONE EASEMENT AT DINNER KEY
LEGAL DESCRIPTION
= Commence at the intersection of the City Monument Line of
i S.W. 27th Avenue and South Bayshore Drive northeasterly; thence
along the City Monument Line of South Bayshore Drive for a distance
of forty two (42) feet; thence at right angles to said City
i
Monument Line a distance of ninety two (92) feet, more or less
to an existing Southern Bell Telephone manhole located in the
i
parkway of South Bayshore Drive at Dinner Key, said manhole being
the Point of Beginning of the hereinafter described centerline
of a five (5) feet easement; thence seventy (70) feet in a
northeasterly direction in the parkway between the sidewalk and
the asphaltic bike path to an angle point; thence deflect to a
point where said easement will be located twenty five (25) feet
southeasterly of the property line South Bayshore Drive; thence
continue in a northeasterly direction twenty five (25) feet
southeasterly of the property line South Bayshore Drive and
parallel with it for a distance of four hundred sixty three (463)
feet, more or less; thence deflect 96° 55' 30" to the right and
run along the curb line of Pan American Drive a distance of five
hundred and three (503) feet, more or less to a Point of Curvature
(Station 10+00 Southern Bell Telephone Base Line - Shown on
Exhibit "B"); thence along the arc of a curve having a radius
of approximately two hundred and forty (240) feet and a central
angle of 280a distance of one hundred and twenty (120) + feet
to an existing Southern Bell Telephone manhole; said manhole
located at (Souther Bell Telephone Base Line Station 11+12+
Shown on Exhibit "B" and forty (40) feet offset at right angles to
it), said manhole also being the terminus of the aforesaid described
five (5) feet easement.
82-131