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HomeMy WebLinkAboutR-82-0075RESOLUTION NO. 82 - 7 J A RESOLUTION GRANTING APPROPRIATE EASEMENTS ON CITY OF MIAMI OWNED PROPERTY LOCATED AT N.W. 20TH STREET AND N.W. 12TH AVENUE, TO METROPOLITAN DADE COUNTY, FOR POWER AND ELECTRICAL FACILITIES IN CONNECTION WITH RAPID TRANSIT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENTS THEREFOR. WHEREAS, Metropolitan Dade County proposes to construct a Traction Power substation and power and electrical facilities in conjunction with their Rapid Transit System on City of Miami property located at N.W. 20th Street and N.W. 12th Avenue; and WHEREAS, the most feasible route for said power and electrical facilities is over, under and across land by the City of Miami, at N.W. 20th Street and N.W. 12th Avenue; and WHEREAS, a portion of said property is presently occupied by a sanitary sewer and pump station and Fire Station No. 5; and WHEREAS, Dade County has demonstrated that said Fire Station No. 5 property is the most feasible and cost effective location; and WHEREAS, Dade County has requested that the City of Miami designate a portion of their said property as a permanent easement; and WHEREAS, Dade County has requested that an additional temporary construction easement be granted adjacent to and around the aforesaid permanent easement; and WHEREAS, after an examination of alternate locations for the construction of the Traction Power substation and appur- tenances in conjunction with their Rapid Transit System, it has been demonstrated that the location now proposed by Dade County is the most feasible and cost effective location; and CITY COMMISSION MEETING OF �[dUFy �JJ AfuN 2 3 11982 ff" YA... V/l. r • 1 wa+� ICWOMl. 9 WHEREAS, the City Manager recommends; and WHEREAS, the Grant of Easement has been prepared and reviewed by the City of Miami Department of Law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Grant of Easement for power and electrical facilities from the City of Miami to Dade County, located on that property owned by the City of Miami at N.W. 20th Street and N.W. 12th Avenue, more particularly described in the Exhibit "Grant of Easement" attached hereto and made a part hereof as if fully incorporated herein, be, and the same is hereby approved, and the City Manager and City Clerk are authorized and directed to execute same. 1982. PASSED AND ADOPTED THIS 28 day of JANUARY ► MAURICE A. FERRE MAYOR ATTES TY C ERK PREPARED AND APPROVED BY: �rJ2 V- l Pb' : , Terry V.'Percy Deputy City Attorney APPROVED AS TO FORM AND CORRECTNESS: Geor �' . KnQX_, Jr . _ City torney -2- 8 2" 7 5 4 GRANT OF EASEMENT THIS INDENTURE, made this day of , 1982, between THE CITY OF MIAMI, a municipal corporation of the State of Florida, party of the first part, and METROPOLITAN DADE COUNTY, a political subdivision organized under the Laws of the State of Florida, whose address is 44 West Flagler Street, Miami, 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, relocate, repair, replace, improve, remove arld inspect power and electrical facilities and all appurte- nant 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; Exhibits "A" and "B" attached hereto and made a part hereof as if fully incorporated herein. The party of the second part shall regulate its construction 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 M . 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 constuction or maintenance, repair, use or existence of future power transmission facilities wirthin said easement. '1- 82 -75 The party of the first part shall be given opportunity by the party of the second party to attend all preconstruction meetings on construction 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 shall protect adjacent property from any subsidence and shall install sheeting, bracing or other physical units as necessary to ensure this protection. The party of the second part is alerted that soil conditions are very poor in the vicinity of the Solid Waste Facility of the party of the first part and shall take whatever measures are necessary to protect this structure. The party of the second part will be held responsible for any damage to adjacent nronerty as a result of its construction and future operations, and further shall construct or restore all pavement, struc- tures, fencing, utilities, berm areas, and landscaping to condition acceptable to the party of the first part. The party of the second part after entering said easement and removing certain security barriers owned by the party of the first part, shall take adequate measures to maintain the same level of security to property owned by the party of the first part as if the said security barriers had remained. The party of the second part, during the course of construc- tion and future operations, shall maintain a minimum width of con- struction and 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 second part shall at all times maintain access to the -Solid Waste Facility and Fire Station and associated parking areas adjacent to the above easement and owned by the party of the r first part,. IWAI 82 -75 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. i 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 party of the first part and its successors in interest. ICJ 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 Signed, Sealed and Delivered in Presence of s 82-75 STATE OF FLORIDA) ) SS COUNTY OF DADE ) I, an officer.a�thorized to take acknowledgments and to administer oaths, HEREBY CERTIFY that on this day of 19 personally appeared before me Howard V. Gary and Ralph G. 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 ofFlorida, - 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 corpora- tion, all by and with authority of law and of the City Commission, and that said instrument is the free and formal act of said mun- icipal corporation. WITNESS my hand and official seal in the City of Miami, County of Dade and State of Florida, the day and year aforsaid. My Commission Expires: Notary Public, State of Florida at Large This Instrument Is Executed Pursuant'to Resolution No. Passed and Adopted APPROVED AS TO FORM APPROVED AS TO AND CORRECTNESS DESCRIPTION City Attorney Director, Department of Publf c Works This Instrument Prepared By: Terry Percy r Deputy City Attorney 8.2 ' TO,, EXHIBIT "A" GRANT OF EASEMENT CITY OF MIAMI METROPOLITAN DADE COUNTY LEGAL DESCRIPTION A portion of Tract "A", MIAMI MUNICIPAL TRACT, according to the Plat thereof, as recorded in Plat Boob 51 at Page 84 of the Public Records of Dade County, Florida, being more particularly described as follows: COMMENCE at the N.E. corner of the N.W. 4 Section 35 Township 53S, Range 41 E; thence S ? 24'55" E along the East line of said N.W. �,- for 35.00' feet to an intersection with the easterly prolongation of the North line of said Tract "A"; thence S87* 46'S6" W along said prolongation and said North line for 267.89' feet; thence S1°24'55" E for 32.00' feet to the Point of Beginning; thence continue Sf 24'55" E 64.00' feet; thence S(ir 38'14" E 157.11' feet; thence N88'35'05" E 72.00' feet; thence NI° 24'55" W 25.00' feet; thence S88° 35' 05" T.T 66.00' feet; thence N61° 38' 14" W 79. 00' feet; thence N31' 22'45" 1-1 45. 65' feet; thence Nr 24'55" W 39.00' feet; thence S87'46'55" W 51.0' feet to the Point of Beginning. 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