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HomeMy WebLinkAboutR-75-0936•i 3 4 3 $ 7 A 9 10 MBA 9/29/75 ON NO. 936 A RESOLUTION AUTHORIZING THE CITY MANAGER MD CITY CLERK TO ENTER INTO A LEASE WITH THE STATE OF ELORIDA POR THAT CERTAIN 404. FOOT STATE-OWNED RV3HT-OP-WAY ABUTTING THE CITY'S PROPOSED FERN ISLE SOUTH FORK PARK; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO DELIVER SAID LEASE AGREEMENT TO THE FLORIDA DEPARTMENTOF TRANSPORTATION, C/O W.A. MAZER, DISTRICT RIGHT-OF-WAY ADMINISTRATOR, 780 S.W. 24TH STREET, FORT LAUDERDALE, FLORIDA 33313, FOR FORMAL ACCEPTANCE AND EXECUTION. 11 WHEREAS, the City of Miami has acquired title to 12 all of the property lying between the northerly right-of-way of 13 N.W. 11 Street, the East-West Exprssway and the South Fork of the 14 Miami River west of N.W. 22nd Avenue; and 15 WHEREAS, the City is presently replatting this entire 16 area which is necessary for the Department of Parks and Recreation 17 to fully develop this property for park and recreational purposes; and 18 WHEREAS, there remains, however, a 40-foot strip of 19 State owned right-of-way abutting the northeasterly right-of-way 20 of the East-West Expressway between N.W. llth Street and N.W. 23rd 21 Avenue originally intended to provide access to privately owned 22 property lying north of the East-West Expressway and since the 23 City now owns all the property that this strip previously provided access for, the State-owned right-of-way now serves no purpose; an 34 WHEREAS, to fully utilize the entire tract, the City 25 has to resolve the matter of the aforesaid right-of-way with 26 the State and it was determined to be feasible and economically 27 preferable for the City to lease this stilotget SS.a gather 28 than to purchase; and ITEM H0 . .------- =9 WHEREAS, upon request, the State Department of 30 Transportation agreed to Lease the aforementioned right-of-way at 31 32 33 34 35 36 s nominal fee to the City and forwarded a Lease agreement, "SUPPORTIVE DOCWiENT3 FOLLOW" CITY COMMISSION; MEETING Or OCT 9 IPS ,..... ...,. y •miLl =4 . , 0+11,sue 'i a 3 4 S $ 7 9 9 10 11 12 13 14 15 16 17 1• 19 20 21 23 23 34 2s 20 27 20 29 a copy of which is attachadt WHEREAS , this l a reviewed and approved by the City of Miami Department of Law and is now in proper order for execution by the City Manager and City Clerks NOW, THEREFORE, BE IT RESOLVED SY THE COMMISt i OF THE CITY or MIAMI, FLORIDA: Section 1. The City Manager and City Clerk be, and there are hereby authorized to enter into a Lease with the State of Florida for that certain 40-foot State-owned Right - of -Way abutting the City's proposed Fern isle South Fork Park. Section 2. The City Manager and City Clerk be and they are hereby authorized to deliver said Lease Agreement to the Florida Department of Transportation, c/o W.A. Maier, District Right -of -Way Administrator, 78© S.W. 24th Street, Fort Lauderdale, Florida 33315, for formal acceptance and execution. PASSED AND ADOPTED this 9 day of October 1975. U. D. Southern CITY CLERK PREPARED AND APPROVED BY: MICHEL E. }NDERSON ASSISTANT CITY ATTORNEY APPROVED AS TO FORK AND CORRECTNESS: ' i0 JON* S. LLOYD CITY ATTORNEY 31 32 33 34 35 3M 3. Maurice A. Ferre AY0R_ DOCU =E T faith;! Y : slag1ON: $TA I r 1l to At:.• •'!1',i $;1100 a',t2S 11fi 349 i'11ti: .fit , t1,i y of t+) .t::0 !'ctturen t'.. ,1'"11 (it. }, ,1•ti', itil''ti:'1',•. .+ (11 'IRA:.,''t)k1,t'1st';, here hAftt': (. 11.d th" ant! t'' CITY OI Ht.'''! , 11LtI1'1. 1.' . it,,+ftt•r ailed t1.. "Les' ("e"; I 'i •1 .1' I' 1,hi1, "," no' seri only rr+,; rty ut.nt',1 h;, t 1 • .>� (' Ic:'•ee i I 1''1 tct. to rt t11e :,(.a.' ut it 1'ittj' tv Le t tti tetut;. fr., lc .f-• I,' h�• 1' _ t�'..Yt•1t}, N11i'i, 'till111.1`'t1, .i` cO:?` ldt'r.itiOn t1'( pre. ist", thl' part I( igrt'' J' f(t11(1w! . Less1't deed:, hereby le: •t' to t.r:.'.t , fttt u-•r :ts r21'1 i, toad t ii•ht -ef •+.:y only, that (.•rtain 1.,n.1 as de-,crihd in l xhit,i t ', . ' attache,' hereto .tnt1 n.tdv a pa! t 1 vreof. The Lease term shall run frot, tht '.•+tc' of execution hereof until uci, time as. thi:. Agree tut is terminated in accordance with t'tv provistttn', herein. This Agicc trt may be terminated tither one of the parti's her:to upon shay (60) days notice to tilt other pasty. l.t'sste will maintain the roil on •1.e leased land it accordance with 11epattrient cf Tran!•i ut tat ir:; :.tdtts;'t ''•. This if asc is subject to the rig: of util tty comit:tnies no:: ot.nit,;t ..t 1ity 1 it,c. within the sail road right-of-way. No mod • ,cation (r utility lines t;ithin th rigt+t of t•:,,y steal ! he 1 . t. i thous the approval of Less. . assu,nes full re,ponsit'i12'; fur the conditic,t, o: i'•'• prcm es during the ter: of the lease agrees to indemnify. deft. , save, . nd bold hart+lcs • 1 : •'s. er from nny clan, of liability for damages resulting fn••-. the nc ligenctr of Lessor i1. .iling to perfoin any duty owed to any person cr 1'::i'!+ons by +•.a:on of ownership of the preen -,es by Lcssot, and I.e:,tee furthe( agree:: to indemnify, defend. save. an.: hold t'arn3css the ijc'i :'rtment from all ciai:•'. deman,'.;., liabilities. and suits of iny nature whatsoever ari. ing o'tt •'f. because of. or dt:e to the breach of this Agreement by i t, its su'•contractors. agents, or t r 'nycc• , or dt..• to xi)* act cr occurrence of omission or cc, tiss,ien tt the Lessee. it suhc uit:uctors, agents. or t,:1+loyee:,. t1 i.t'isrss 1a11rntuol . the parties ' '.•rcto the ,'-ty and ?•••.r first above written. Kit tfte 11:i rt:'eitt --- —yam t1(t' C • / S1' itY: h n caused these present tt• be Li►.cutetl, t'Ir' 'tUr i+( Aatltlnl!.t 1':1t�C3: `"" �•� A17 al: (S1:A Lccu1 ive C1110: MIANI, r1•t'::inA "SUPPORTIVE DCCU?1EN i o FOLLOW" ---- _, (SC Ptenc",'FC pEP 444 1w L NO. 30 • io:S t; !.'OO•- 5r5 t'ft' S 3 DAL: CuU:3 .'Y .i: 1,f SECTION 87200-2505 Tih.,t part of lots 1, 2, 3, 4 aud 6, Bic 47 and part of Lots 4 and 5, Block 50 of SULDIVISI(N, a; recurdt .: In Plat Book 2, pate 88 in the public tc- cor{:'; of Dade County, Florida, and a pc.rtion of ::orth%' st llth Terrace and Et parcel of land lying in an unpl.atud area, all n Section 31, Tobmship 53 South, Range 44 Loll; said 1; :rt3 being more particular1: described as follows: Cry.. ncing at the :southwest corner of t. Id Lot 5, Block 50, thence h 01°26'10" W al , :t the We,.:. line of said Lot 5, Bloc' 50, a distance. of 20.00 feet to the POI OF LLCAN ING; thence continue A; 01°2G'? " W a1on:: said West line of Lot S, Block 50, a distance of 44.85 feet; thence S 64°::' S1" L a distrace of 398.89 feet; thence S C1°50'52" t: a distance of 135.29 feet; thence 01°26'l0" W a distance of 27.00 feet.; thence ': 64.32'51" t; a distance ef 243.85 feet to the POINT OF BI:CINNING; Containing 14,721 :.quire feet or 0.337'. 5 of an acre, gore or less; All au shove on thy+ Right of Way Map fir. Section 87200.2505, ire Road 836, Dade County. CI,? OP MIAM1, PIr* BOA INTIR4RPICt MEMO* ANOWM to P. W. Andrews City Manager kR M Vincent E. Grimm,' Jr.- ,' r` Director i ire pa +t5 t . F ARa ems. OAtf September 22, 1975 rILE Cadastrat t-I. t.RCI. Resolution for City to inter int Lease for State-owned Right-of.W Abutting Proposed FERN Isla !OUT is FORK PARK • North of N.W. 11 St West of 22 Ave. ,Ifs The City has acquired all the land necessary for the development of FERN ISLE SOUTH FORK PARK except an abutting 40-foot State-owned right- of-way. This right-of-way originally was intended to provide access to privately owned property lying north of the East-West Expressway. In developing the park area, it was determined that we should try to get title to this right-of-way to control access and also for landscap- ing along its southerly perimeter. As a result of negotiations with the State, it was agreed to lease the 40-foot wide strip right-of-way at a nominal fee rather than purchase it. The State has forwarded to the City a lease agreement which has been approved by the City's Department of Law. This agreement will require execution by the City Manager and City Clerk and subsequently returned to the State for formal acceptance and execution. It is now in order for the City Commission to accept the aforesaid lease agreement and authorize and direct the City Manager and City Clerk to execute and deliver same to the State. THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS ADOPTION U: THE RESOLUTION ACCEPTING THE LEASING BY THE CITY FOR A NOMINAL FEE THAT CERTAIN STATE- OWNED 40-FOOT RIGHT-OF-WAY ABUTTING THE CITY'S PROPOSED FFRN ISLE SOUTH FORK PARK; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AhD CITY CLERK TO EXECUTE AND DELIVER SAID LEASE AGREEMENT TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, c/o W. A. MAIER, DISTRICT RIGHT -OF -MY AT)MINISTRATOR, 780 S.W. 24TH STREET, FORT LAUDERDALE, FLORIDA 33315, FOR FORMAL ACCEPT- ANCE AND EXECUTION. VEG:ACB:jt