Loading...
HomeMy WebLinkAboutReso 2021-3197RESOLUTION NO. 2021 - 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA ("CITY"), APPROVING A SUBORDINATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE NORTHWEST CORNER OF 175TH STREET AND COLLINS AVENUE OF THE PARCEL WITH FOLIO NUMBER 31-2211-004- 0320, LOCATED AT 17550 COLLINS AVENUE, SUNNY ISLES BEACH FLORIDA; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 15-Z-154 and Resolution No. 16-Z-157, the City of Sunny Isles Beach ("City") approved the site plan application submitted by the applicant, 17550 Collins Avenue, LLC ("Owner") for the property located at 17550 Collins Avenue, Sunny Isles Beach; and WHEREAS, pursuant to the above referenced resolutions, the City and the Owner entered into Declarations of Restrictions and Grants of Easement which were recorded on January 10, 2019 in Official Records Book 31285, Page 4826, and on March 13, 2019, in Official Records Book 31363, Page 3235, Public Records of Miami Dade County ("Declaration and Grant of Easements"); and WHEREAS, the Declaration and Grant of Easements, among other things, primarily provides for a 10-foot (10') wide Landscaping Streetscape Easement, requiring that the Owner maintain said easement with the type and size of plant materials as set forth in the City's Streetscape Master Plan; and WHEREAS, Florida Department of Transportation ("FDOT") now requires a small portion of the Landscaping Streetscape Easement, located on the northwest comer of 175"' Street and Collins Avenue, which is as legally described on Attachment "A" (the "Property"), for purposes of public transportation, however, it is encumbered by the above referenced Declaration and Grants of Easements; and WHEREAS, the Owner has dedicated the Property to FDOT, and FDOT is now requesting that the City execute the attached Subordination Agreement, whereby the City would agree that the Declaration and Grant of Easements as it relates to the Property, would be subject and subordinate to the property rights of FDOT; and WHEREAS, the Development Services Department has reviewed the request and has no objection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, 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. Approval of Subordination Agreement. The City Commission hereby approves the Subordination Agreement, attached hereto as Attachment "A" and incorporated herein by reference. @BCL@FC096B59.docx Page 1 of 2 Section 3. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED upon this 20th day of May 2021. A E Mauricio $etancur, CMC, City Clerk APPROVED AS TO FORM AND LEG SUFFICIENCY: E ward A. Dion, City Attorney Moved by: VSeconded by: Vote: Mayor Scholl /(Yes) (No) Vice Mayor Svechin V (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@FC096B59.docx Page 2 of 2 a 'F ��4q• tit TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Christopher J. Russo, City Manager Claudia Hasbun, AICP, Development Services Director May 20, 2021 Approval of a Subordination Agreement with FDOT for the Northwest Corner of 175th Street and Collins Avenue RECOMMENDATION: Staff is recommending approval of this Resolution. REASONS: The project known as Aurora, located at 17550 Collins Avenue, has donated a piece of land on the north-west corner of 175th Street and Collins Avenue to the Florida Department of Transportation (FDOT). Due to certain circumstances at that time, the documents for the ownership of the piece of land was not finalized and concurrently, the project Aurora, had granted an easement to the City in the same location. The City is entering into a Subordination Agreement with FDOT for the dedication of 48 square feet of land located within the granted City easement located at 17550 Collins Avenue. As per the project representative, FDOT has completed the improvements in the 48 square feet, therefore there is no conflict with any city's improvement. ATTACHMENTS: Resolution Request Letter Subordination Agreement Item Number: 10.1­1 AURORA' 17550 Collins Avenue LLC 05/06/2021 To whom it may concern at Sunny Isles Beach Building Department: The purpose of this letter is to explain the reason why the ownership has agreed to made a small land dedication to Florida Department of Transportation (DOT) on the north west corner of 175 street and Collins Avenue. According to DOT many years ago they did a survey of all the sidewalks on Sunny Isles Beach along Collins Avenue and during that survey they determined that the corner in question was not complying with the ADA requirements set forth by the Department of Transportation. At the time they went ahead and corrected the issues and left the side walk ADA compliant which was the right thing to do for the city of Sunny Isles Beach and its residents. We recently had to re -apply for our DOT permit for the Aurora project as it was expired because we suffered some delays due to the 2020-2021 COVID 19 worldwide pandemic. When DOT was processing our application this item surfaced and it seemed that they never formalized these documents back when they corrected the ADA concerns. Therefore they want to take this opportunity to get this dedication documents finalized to close the loop on this item. Unfortunately they will not provide us with the DOT permit until this is resolved and that is causing us more delays that we cannot really afford after that we have already been through in 2020. We were informed by the city of Sunny Isles Beach that this matter would have to go for committee review due to the fact that this small DOT dedication of only 48 square feet falls within the easement that the ownership of Aurora provided to the city of Sunny Isles Beach. We would like to kindly ask to help us finalize this matter as the corrections from DOT have already been completed many years ago and the side walk has been functioning correctly since. The end goal from DOT is to close the documentation on an item that was corrected years ago, and the Aurora ownership's goal is to get our DOT permit in order to complete the development of the Aurora project. Without the DOT permit we cannot complete the project. We sincerely appreciate your time and support on this matter. Best regards, Tim Lobanov / Manager 17550 Collins Ave, LLC www.AuroraSunnyislesBeach.com 17550 Collins Avenue, Sunny Isles Beach, FL 33160 36-SUB.02 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State of Florida Department of Transportation 1000 N.W. 111'h Avenue Miami, Florida 33172 March 26, 2021 — RTB Parcel No. ; 152.4 Item/Segment No. : 406486-1 Managing District : 6 Parcel Folio : 31-2211-004-0320 SUBORDINATION AGREEMENT THIS AGREEMENT Made this 2,0 day of M411 , 20 Z1 by and between City of Sunny Isles Beach, hereinafter called the "party of the first part", and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department". WITNESSETH: WHEREAS, the party of the first part is the holder of a certain Declaration of Restrictions and Grant of Easement dated 1/10/2019, and recorded in Official Records Book 31285, Page 4826, and Grant of Easement dated 3/13/2019, and recorded in Official Records Book 31363, Page 3235 ofthe Public Records of Miami -Dade County, Florida and, WHEREAS, a portion of the land encumbered by said Declaration of Restrictions and Grant of Easement is required by the Department for public transportation, NOW THEREFORE, for and in consideration of the premises and the sum of One Dollar ($1.00) and other good and valuable considerations, paid, the receipt and sufficiency of which is hereby acknowledged, the party of the first part hereby agrees, covenants, and consents with the Department that the aforesaid Declaration of Restrictions and Grant of Easement is and shall continue to be subject and subordinate to the property rights of the Department insofar as said Declaration of Restrictions and Grant of Easement affects the following described property, viz: Parcel 152 F.P. No.: 406486-1 A portion of Tract 4 of the Subdivision of Government Lot 6 Section 2, Township 52 South, Range 42 East and Government Lots 1, 2,4 and Portions of 5 and 6, Section 11, Township 52 South, Range 42 East, as recorded in Plat Boole 10, Page 64, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows; Commence at the intersection of the centerline of N.E. 175th Terrace and the centerline of Collins Avenue (State Road A-1-A); thence S 86955'03" W along said centerline of N.E. 175th Terrace for 61.82 feet; thence N 03104'57" W for 35.00 feet to the Point of Beginning; thence N 86°55'03" E along the North right of way line of said N.E. 175th Terrace, also being along a line 185 feet North of and parallel to the South line of said Tract 4 for 15.28 feet to the intersection of said North right of way line of N.E. 175th Terrace and the West right of way line of said Collins Avenue (State Road A-1-A); thence N 03°0 P22" E along said West right of way line of Collins Avenue (State Road A-1-A) for 15,28 feet to a point of cusp; thence Southwesterly along a 17.00 foot radius curve leading to the right through a central angle of 83053'41" for an are distance of 24.89 feet to the Point of Beginning. Containing approximately 48 square feet, more or less. This subordination agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the said party of the first part has signed and sealed these presents the day and year first above written. Signed, se ' ed, d delivered in the presence of: (Twwitt3 ses r -uired by Florida Law) Print/Typ ,Name of Witness) of (PrintlType Nanie of Witness) or, ATTEST by: STATE OF COUNTY OF Title: City of Sunny Isles Beach i By: t4� Print/Ty a name -�, evl::?Yo Title: t �.C�.-- j JE^ W l (Address) (Affix Corporate Seal) The forego' instrume t s Cknowledged b fore me by means of physical resence or [] online notarization, this day of 20 by i! �f� OS,`; ! of City of Sunny Isles Beach, on behalf of the City. He/she is personally known to me or has produced %- as identification. Notary Stamp Marline PierreSalnt g, NOTARY PUBLIC STATE OF FLORIDA 9 ? Comm# GG964880 1� Expires 3/7/2024 �r (Sigfiatfrrf person taking acluiowledggtj- �j (Type, print or stamp name under si nat r4._" M f Title or Rank and Serial No., ifany: