HomeMy WebLinkAboutReso 2013-2073 RESOLUTION NO. 2013- 21)1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, RATIFYING AN
EXISTING EASEMENT AGREEMENT WITH THE CITY OF
NORTH MIAMI BEACH FOR THE CONSTRUCTION,
OPERATION AND MAINTENANCE OF WATER FACILITIES
INCLUDING NECESSARY RIGHTS OF INGRESS AND
EGRESS THROUGH PIER PARK, ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach has constructed Pier Park located at 16501
Collins Avenue; and
WHEREAS, the City of North Miami Beach requires an Easement Agreement with the
City in order to provide the City of Sunny Isles Beach better water service on that property; and
WHEREAS, the City wishes to approve the existing Easement Agreement, attached
hereto as Exhibit "A", assigning the exclusive right and privilege for the construction, operation
and maintenance of water facilities, including necessary rights of ingress and egress through the
property for such period of time as the City of North Miami Beach requires such rights, privileges
or easements for operation and maintenance of said water system.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified
and confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Ratify Approval of Easement Agreement. The City Commission of the City of
Sunny Isles Beach hereby approves the Easement Agreement with the City of North Miami
Beach, attached hereto as Exhibit "A".
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption by the City
Commission.
R2013-Easement Agmt NMB for Pier Park Page 1 of 2
PASSED AND ADOPTED this 20th day of June 2013.
)/ /i
■ ayor Norman S. E.elcup
•
:ATTEST:
-I� • ae.._44)
=o Jane A. Hines,IGMC, City Clerk
6
APPROVED AS TO FORM
AND _EG/� SUFFICIENCY:
AlA
ArOttinot'City Attorney
•
Moved by: Y (c If\A r 1A-C-1-100
Seconded by: L. ill
Vote: S-
Mayor Edelcup ✓ (Yes) (No)
Vice Mayor Aelion t/(Yes) (No)
Commissioner Gatto /(Yes) (No)
Commissioner Levin ✓✓'Yes) (No)
Commissioner Scholl 1/ (Yes) (No)
R2013-Easement Agrnt NMB for Pier Park Page 2 of 2
• Exhibit "A"
Prepared: Roslyn Wcisblum,City Manager
City cif North Mimi])Beach
• 17050 NE(9 Avenue
North Miami Beach,FL 33162(305)948:2967
EASEMENT AGREEMENT
THIS AGREEMENT made and entered Into this day of
, 20 , by and between CITY OF SUNNY ISLES BEACH, 18070
COLLINS AVENUE 4111FLOOR,.SUNNY-ISLES BEACH,FL 33160, as First Party, and CITY
OF NORTH MIAMI BEACH,a Florida municipal corporation, hereinafter referred to as CITY.
WHEREAS, First.Party is the Owner of-the property described in Exhibit A, in Miami-
Dade County, Florida,and
WHEREAS, First Party desires to.cOoperate with the-City-to provide better water service
,to its property; and
WHEREAS, First Party has agreed to give the CITY the easements and privileges herein
set forth to construct and.maintain the necessary mains and other needed faculties.
NOW,.THEREFORE,
WITNESSETH :
That for and in consideration of the premises and in further consideration of the
sum of Ten.Dollars in hand paid to First Party by CITY, receipt whereof is hereby acknowledged
by First Party, it is agreed as follows:
•- . . .
•
SIB.PIER/REST W-0774 1 Initials;
5 6 13
Developer: SIV1
City:
,. , Prepared: Roslyn Welsbluin,City Manager
• City of North Miami Beech
17050 NE:i 9 Avenue
Notth'Miami:6each,FL 33162(305)948-2967
I First Party hereby grants _and gives the CITY, its successors and assigns, the
exclusive right and privilege to construct, maintain and operate in the property described in
Schedule "B" hereto attached and made a part hereof, for the construction, operation and
maintenance of water.facilities (including transmission mains, distribution mains, supply pipes,
collection pipes, manholes, valves, connections, pumps and all other physical facilities and
property installations) that are required, including necessary rights of ingress and egress through
the--property of First Party for such period of time as the CITY, Or its successors or assigns,
requires,such rights, privileges or easements for operation and maintenance of said system or
systems.
.2. The CITY will endeavor not to damage any of the owner's property during the
maintenance or repair of-any of the CITY's facilities. However, in the event there is.damage to
the First Party's property in the easement caused by the CITY during maintenance and repair of
the:CITY';s facilities, the CITY will restore pavement, curb-gutter, sidewalk and sod at its cost,
The CITY will not be responaible.for'the cost of repairs to structures, landscaping, or any other
property lying within the easement should they be damaged by the CITY during their
construction, maintenance and repair operations.
3. Nothing in the Agreement and the easement herein granted shall be construed to
preventFirst Party or-its successors in interest from:granting exclusive or non-exclusive rights,
SIB.PIBRLR:EST W-0774 2 Initials:
5613
Developer: 5M
City: ..
;Qum
r -
Prepared: Roslyn Weisblum,City Manager
City of North Miami Beach
17050 NE.19 Avenue
North.Miami Beech,FL.33162(305)948-2967
privileges and easements to other persons, firms and corporations, for furnishing utility services
other than water service,:providing the location of the other utilities are.not located in an area
above the water facilities from:three (3) feet on one side of the facility to three (3) feet on the
other.
4. First Party covenants and agrees that all instruments of conveyance executed by it
With respect to any parcel or parcels of its property shall contain a legend that such conveyance-is
subject to the rights and privileges granted by the Agreement;to the CITY, its successors and
assigns.
5. The foregoing provisions contained.in this Agreement:are hereby declared to be
reservations, conditions, limitations and restrictions running with the above-described land and
each and every-part and parcel thereof and shall be binding upon all subsequent owners-and
purchasers thereof and all grantees.named in deeds•of conveyance covering any part or parcel of
said`.land.
6. First Party does fully warrant that it has good title to the above property and that it
has;Full power and authority to grant this easement.
SIB PIER/REST W;O774 3 Initials:
5 6 13
Developer: 5M
City:
••
• • . Pirpared: R.oslyit Weisbho,City Marncr
City-of North Mionii Beach,
17050 NE{19 Avbritto
North Min011 Beach,FL 33162(305)948-2967
This Agreeinent shall be recorded by the.CITY in the Public Records. of Miaini;7Dade
County vvith the First.Party to pay all.costs.of recording.
:IN WITNESS WHEREOF, the parties have executed this:Agreement,the day and year
first above written.
Signed,sealed and delivered CITY OF SUNNY ISLES BEACH
in,the:.presence of:
ft. ;
BY. etl, 4/1./
J P-,41
Signature Witness#1 C R1STOPHER RUSSO,clTY IVIANAGER
D-60Yr" 14W ili S•Printed Natne of Witness#1 Print; name
. 4 1
; 00_41 A its Itvirt/VV :
sig0atute0; itness#2 111.041-ss
••••
KM1AVAIN MeDON0144 ATTEST.41.6A40/111*71 : •
Printed Name of Witness#2 kJ JA '. INES, SITY CLERK (SEAL)
61tAtIO4.0
Printed Name
(ZVIO (PLU4 AVenitkS.v1.11-(54.6 baarft.
Address 33141)
APPROJ D. . .0-FORM
sef. yAr.CIENCY
OTTIN01;CITY ATTORNEY
SIB PIER/REST W-0774 4 Initials:
5613
Developer: Siti
City:
Prepared: Rbslyn Weisblain,City Manager
City of Noitli Miaitii}3eaeh
I7d50:N11 19 Avenue
North Miami Beach,FL 53162(305)948-2967
STATE OF FLORIDA COUNTY OF I\/ 'c -
Before me personally appeared ��T1+v M o Y Y l and
�u yl Z i b Ret (.ct r , to me well known, and known to me to be the individuals
described in and who executed the foregoing instrument of the above named
et f ,c' n r , a Corporation, or having produced current drivers license as
identification,and severally acknowledge to and before me that they executed such instrument of.
said,Corporation, and that the seal affixed to the.foregoing instrument is the corporate seal of.
said Corporation.and:that'it was affixed to said.'instrument by due and regular corporate authority,
and that said instrument is the free act.and deed of said Corporation and did/did.riot take an oath.
y Q�
WITNESS my hand and official seal, this a .3 day of
V,Cyr ,A.D,20 1:3 .
Okeki_19_ V J�'V 1 111/M�� ;
,;�ri,;
(Signature of Notary) CHERYL-WILLIAMS
► O
w Notary Public $it9:ol FlOrlda
My•Comm.EKpirel Jut 23,2019
l 1 C y � C011 aeton V EF 218543
.5
Bonded Piro tiitlanal Halm Assn.
(Name of Notary Typed,Pririted.or Stamped)
CA4 Yr): 1-) 619eK
(Title or Rank
SIB PIER/REST W-0774 5 Initials:
561.3
Developer 111
City:,
• , Prepted: Roslyn Weisbliiin,City Manager
City of Nprth Miaini Beach
17050 NE 19 Avenue:
North.Mintni Beath;FL;33162 005)948-2967
THE CITY OF NORTH MIAMI BEACH hereby aceepttli.ia Grant of Easenient.
WITNESS
WITNESS CITY MANAGER
Printed Name
APPROVED AS TO FORM:
CITY ATTORNEY CITY CLERK (SEAL)
Printed Name Printed Name
SIB PIER/REST W,0774 Initials:
5,6 13
'Developer:
City:
AAA".
. .
•
LAND DESCRIPTION
WATER LINE EASEMENT
PIER PARK
CITY•OFSUNNY ISLES:BEACH,MIAMI-DADE COUNTY,FLORIDA
A portion ofa parcel of land as described in Official Records Book 1905;Page 1949.(Owner
City of Sunny Isles Beach),being the Easterly extension of Sunny Isles Ocean Beaeh
Boulevard(N.E, 167 Street).as:silo:WA:On that certain plat recorded in Plat Book 50 at Page 76
of the Public Records ofMiami-Dade County,Florida,Eastward of the pavement of State Road
A-14 to the Mean high water line of the Atlantic Ocean,being more particularly described as
:follows:
-COMMENCING-at the intersection 6f the Baseline of State Road A-1-A with the.Baseline of
Survey of State Road 826(Sunny Isles Ocean Beach Boulevard)as shown on Florida
DepartMentof Transportation Right,of-Way Maps for State Road 826,Section 871702517,
sheets:3(last datedFebruary 16,1988)and 4(last datedrylarch 31., 1989)of 8 She.ets;
THENCE North 87°1956"East(measured)on said Baseline of Survey of State Road 826,a
distance or5Q.66.-feet to the intersection with a line 50:60 feet East of and parallel with said
Baseline of Surveyof State Road A-1-A;
THENCE North.06°32'33"Easton said parallel line,a distance 0118.84 feet to the POINT OF
•
BEGINNING;
THENCE continue-North:06°32'33"East on said parallel line,a distance of 15.58 feet;
THENCE North 87°15'14"East,a distance of 36.55 feet;
THENCE South 02°44'46"East,a.distance of 5.73 feet;
THENCE South.84°43'36"East,a distance of.16.64 feet;
THENCE N.Orth 42°2325"East,a distance of 7.52 feet;
THENCE South 88°23'38"East,a.distance of 47.28 feet.;
THENCE South:54°50'58"East;a distance of WM feet;
THENCE North 87°04'30"East,a distance of.72.0 feet;
THENCE:Norfh 84°55'29"East;a distance of 42,81.feet; .
14'
THENCE North 8616'18w East,a distance of 44.15:feet;
ne.
THENCE South 0323'42"East,a,clistance of.18.62 feet;
Prepared By:
CAUVIN;:f3IORPANO AND ASSOCIATES INC.
iscio Eller Drive,Suite:600
Fort Lauderdale,Florida:33316
April 21.
Revised April 30,2013
Revised May 9,2013
PAPrajects‘20051055385 Pier Park-Sanity Isles\SURVEY\Legal Descriptions105-5385-SLMVATER-LINE-EASEdoe
Sheet 1 of 3 Sheets
THENCE South 86°36'18" West,a distance of 36.22:feet;
THENCE North 50°33'11"West,a distance of 5.48.feet;
THENCE South 84°55'29"West,a distance of 46,56 feet;
THENCE South 87°04'30"West,a distance of 77.55 feet;
THENCE North 54°50'58"West,a distance of 60.75 feet;
THENCE North 88°23'38" West,a distance of 35-.89 feet;
THENCE South 42°23'25"West,a distance of 8.11 feet;
THENCE North 84°43'36"West,a distance of 6.1A4 feet to the.POINT OF BEGINNING;
Said lands lying in the City of Sunny Isles Beach,Miami-Dade County,Florida,and containing
a total net areaof 5,189 square feet,more or less:
NOTES:
1, Not valid Without the signature and original embossed seal Of a Florida licensed Professional
Surveyor and-Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership, easements,
rights-of-way or other instruments that may appear in the.Public Records of Miami-Dade
County.
3. The description contained herein and the attached sketch, do not represent a.field Boundary
Survey.
4. Bearings based on the baseline of-State Road 826(Sunny Isles Ocean Beach Boulevard)as
shown. on Florida Department of Transportation Right-of-Way Maps for State Road 826,
Section 87170-2517, sheets 3 (last;dated February 16, 1988) and 4 (last dated March 31,
1989)of.8 sheets;having a field asured bearingofNorth 87°19'56"East.
CAL I ,,GIORDANO 140 - O A ES,:INC.
AIM' A.°i , 9 /L.%�✓/Date: 6" Gr-e
G :gory T. em: t5_ '.• L�
• �
' ofessional St ey a and Mapper
Florida Regis •atii Number LS 4479
Prepared By:
to//)
CALVIN,GIORDANO AND ASSOCIATES,INC.
1800 Eller Drive,Suite 600
Fort Leuderd&ie,.Fiorida:33316
April 21,2009
Revised April 30,2.013
Re"vised:May 9,2,013
P:\Projcele\2005\055385 Pier Park-Sunny Isies'SURVLY\Legal Dcscriptions\05-5385-SD-WATER-LINE EASE:doe
Sheet 2 of 3 Sheets
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City of Sunny Isles Beach
ti ` 18070 Collins Avenue
liar
Sunny Isles Beach, Florida 33160
yP•--??, ¢�. _y4, (305)947-0606 City Hall
(305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Helen Gray, PE, City Engineer
DATE: 6/20/2013
RE: A Resolution Ratifying Execution of the Dedication of a Utility
Easement from the City to the City of North Miami Beach
RECOMMENDATION:
We recommend City Commission approve the resolution.
REASONS:
In order to provide for potable water and fire line service to the Newport Fishing
Pier, installation of a new waterline was required. This waterline was designed
and subsequently installed by companies under contract with the City of Sunny
Isles Beach. Since the waterline up to and including the meters will be operated
and maintained by the utility provider, specifically being the City of North Miami
Beach (CNMB), this Easement Dedication provides for the right of entry on City
property for that purpose.
This easement dedication is a companion item to the Bill of Sale for waterline
infrastructure also on this agenda for City Commission consideration.
COST:
None at this time.
ATTACHMENTS:
• Resolution
• Easement Agreement
Agenda Item No.10G
Date 6/20/2013
130