HomeMy WebLinkAboutReso 2015-2435 RESOLUTION NO. 2015- 2,4-1 35
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, ACCEPTING A
PERPETUAL EASEMENT AGREEMENT FROM THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) FOR THE PURPOSES OF CONSTRUCTING,
OPERATING AND MAINTAINING THE SUNNY ISLES
BEACH PEDESTRIAN BRIDGE AT GATEWAY PARK, IN
SUBSTANTIALLY THE SAME FORM ATTACHED HERETO
AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER
AND THE CITY ATTORNEY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach has constructed Gateway Park located at on
Sunny Isles Boulevard, including the construction of a pedestrian bridge; and
WHEREAS, the State of Florida Department of Transportation (FDOT) has
recommended a perpetual easement be granted to the City for the right-of-way over which the
pedestrian bridge will be constructed; and
WHEREAS, the City wishes to accept the Perpetual Easement Agreement from FDOT,
attached hereto as Exhibit "A", assigning a Perpetual Easement for purposes of constructing,
operating and maintaining a pedestrian bridge over the described land in Sunny Isles Beach,
Florida, in substantially the same form attached hereto as Exhibit "A".
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 recitals set forth in this Resolution are
incorporated herein by reference as if fully set forth herein.
Section 2. Approval of Easement Agreement. The City Commission of the City of Sunny
Isles Beach hereby accepts the Perpetual Easement Agreement from the State of Florida
Department of Transportation, attached hereto as Exhibit "A".
Section 3. Authorization of City Manager and City Attorney. The City Manager and the
City Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
R2015—FDOT Perpetual Easement Ped Bridge Gateway Park Page 1 of 2
Section 4. Effective Date. This Resolution will become effective upon adoption by the City
Commission.
PASSED AND ADOPTED this 18th day of June 2015.
App
George . Scholl, Mayor
ci i 1 L1
�c:ATTEST: . ,
f
D 3 'r, t � ..
Janie A. Hines, MM Al C, City Clerk
f t' C-,.
'f , p n
APPRO CD AS TO FORM
AND • . •Alf SUFFICIENCY:
Aig
H. repot, 1 ity Attorney
Moved by: \A C Q nN 6-Ag it GliY-n 13
U
Seconded by: __ tJ
Vote: 5—O
Mayor Scholl ■ (Yes) (No)
Vice Mayor Gatto ✓(Yes) (No)
Commissioner Aelion ✓(Yes) (No)
Commissioner Goldman V (Yes) (No)
Commissioner Levin /(Yes) (No)
R2015—FDOT Perpetual Easement Ped Bridge Gateway Park Page 2 of 2
This instrument prepared by Item/Seg No.: 4152301
or under the direction of, Sec/Job No. 87170-2517
Alicia Trujillo, Esq. SR No.: 826
District Chief Counsel County: Miami-Dade
Florida Department of Transportation Parcel No.: 5754
1000 N.W. 111th Avenue
Miami, Florida 33172
PERPETUAL EASEMENT
Public Purpose
THIS EASEMENT made this A3 lay of d ern {a-er , 2015, by the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("Department"), Grantor, to CITY
OF SUNNY ISLES BEACH, Florida ("Grantee"), a political subdivision of the State of Florida.
WHEREAS, the Department has recommended a perpetual easement be granted to the
City for the right-of-way over which the pedestrian bridge will be constructed; and
NOW THEREFORE, the Department has agreed to grant to the City, its successors and
assigns, for no consideration, a perpetual easement purposes of constructing, operating and
maintaining a public pedestrian bridge (the "Facility") over the following described land (the
"Easement Area") in Miami-Dade County, Florida:
See Exhibit "A" attached hereto and made a part hereof
Subject, however, to the following conditions:
THAT this Easement is solely for the purpose of constructing, operating and maintaining a
public pedestrian bridge and no other uses of the Easement Area are permitted.
THAT the Facility shall be inspected and maintained by Grantee. Grantor reserves the right
to inspect the Facility as it deems reasonably necessary and or with Grantor's procedure
"Bridge and Other Structures Inspection and Reporting", #850-010-030i. A signed and
sealed copy of Routine Inspection Reports will be submitted to the Grantor for every
biennial inspection. The Grantor will assign an inventory structure number.
THAT Grantor's use of the Easement Area shall not unreasonably interfere with Grantee's
use of the same. .
Page 1 of 4
•
Item/Seg No.: 4152301
Sec/Job No.: 87170-2517
SR No.: 826
County: Miami-Dade
Parcel No.: 5754
THAT in the event Grantee's transportation use is permanently.discontinued or abandoned
for a period of twelve (12) consecutive months, or Grantee ceases to use the Easement
Area consistent with the rights and obligations stated herein, Grantee's easement shall
terminate, and title to the above described property shall immediately revert to the Grantor,
and it shall have the right to immediately possess same. Upon Grantor's request, Grantee
shall execute a release of easement in a form acceptable to Grantor, to be recorded in the
public records, at Grantee's cost and expense. In the event Grantee's easement terminates
and Grantor deems it necessary to request the removal of the Facility occupying the
Easement Area, Grantee shall remove the Facility in a manner approved by Grantor, and
restore the Easement Area to a like or similar condition as existed prior to this Easement,
at its sole cost and expense.
THAT Grantee shall not obstruct the state right-of-way located immediately underneath the
Easement Area, except as may be required temporarily from time to time to effect the
construction, inspections, maintenance, repairs, improvements and replacement of the
Facility. Any such work is subject to formal approval and permit by Grantor. Grantee shall
promptly repair any damage to the Grantor's right-of-way, resulting from Grantee's
exercising its rights hereunder.
THAT Grantee shall not cause, or allow to be caused, any nuisance or objectionable
activity of any nature on the Easement Area, including activities involving hazardous
materials or regulated substances of any kind, which may constitute a risk of any kind on
the Easement Area, or Grantor's state right-of-way lying underneath or adjacent to the
Easement Area. In such an event, Grantee must immediately notify Grantor, and Grantee
shall be responsible for any damage or injury resulting from such release or activity.
THAT Grantee will indemnify and hold Grantor harmless from any and all damages and/or
liability, claims, demand, actions and/or suits of any nature arising out of, relating to, or
resulting from any negligent or wrongful act(s) of Grantee's employees, agents,
subcontractors and contractors, or instrumentalities, acting within the scope of their office
or employment, in connection with the rights granted to or exercised by Grantee hereunder,
to the extent and within the limitations of Section 768.28, Florida Statutes.
However, nothing herein shall be deemed to indemnify Grantor from any liability or claim
arising out of the negligent performance or failure of performance of Grantor.
Grantee shall require its construction Contractor to, at minimum, maintain and carry, at all
times during the construction, Commercial General Liability providing continuous coverage
for all work or operations performed under the Construction Contract with Grantee. Such
insurance shall be no more restrictive than that provided by the latest occurrence form
edition of the standard Commercial General Liability Coverage Form(ISO Form CG 00 01)
as filed for use in the State of Florida.
Page 2 of 4
/Item/Seg No.: 4152301
Sec/Job No.: 87170-2517
SR No.: 826
County: Miami-Dade
Parcel No.: 5754
The limits of coverage shall not be less than $1,000,000 for each occurrence and not less
than a$5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella
or excess policy, or such other minimum insurance coverage that may be required by the
Department for the construction of the Project, in accordance with the Departments
Standards and Specifications for Road and Bridge Construction. Grantee shall require its
Construction Contractor to include Grantor as additional insured, and Grantee shall provide
proof of coverage prior to commencement of its construction work and at all times during
construction activities within the Easement Area.
THAT this Easement, and all activities to be undertaken hereunder, are Subject to all
applicable permit requirements and any other required agreements or approvals, and
concurrences. Prior to commencement of construction work within the Easement area,
Grantee must submit to Grantor its construction plans for the pedestrian bridge for approval
and coordination of activities related thereto.
THAT the Grantee has accepted this Easement pursuant to Resolution No. 2435 passed
and adopted by the City of Sunny Isles Beach Board of Commissioners on June 18th
2015, a copy of which is attached herewith and forms part thereof.
THAT the provisions of this Easement may be enforced by all appropriate actions at law
and in equity by the respective parties.
THAT Grantor makes no representations as to the title or condition of the property within
the Easement Area or the suitability of the Easement Area property for the use intended
hereunder.
The rights and obligations of the parties shall inure to the benefit of and be binding upon
their respective successors and assigns.
This instrument may be amended or modified only by written instrument, executed and
acknowledged by the parties hereto or their successors and assigns, and recorded in the Public
Records of Miami-Dade County.
THE REST OF THIS PAGE LEFT BLANK INTENTIONALLY
Page 3of4
Item/Seg No.: 4152301
Sec/Job No.: 87170-2517
SR No.: 826
County: Miami-Dade
Parcel No.: 5754
IN WITNESS WHEREOF, the State of Florida Department of Transportation has caused
these presents to be signed in the name of the State of Florida and the State of Florida Department
of Transportation by its District Secretary, District Six and its seal to be hereunto affixed,
attested by its Executive Secretary, on the date first above written.
STATE OF FLORIDA
DEPARTME O TRANSPORTATION
By:
Gus e kfr iPt
Distri t Six Secretary
Witness: Attest: r
(print na e): r P1,p ,t a nu
nlq ,-,'t O ;as
Witness: 1 ;.--: S
, Executive ecretary vv
(print name):1 - ,,ta, _
(Affix Department Seal)
LEGAL REVIEW:
A 'cia Trujillo, sq.
District Chief Counsel
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of IVO it*
2015, by Gus Pego, District Secretary for District Six, FDOT, w o rs p-rsonally •n. n to me, or
has produced as ide- ication. f,"""
::?� . MARLENE LOURDES F&DRAGAS ��:.
-• MY COMMISSION#FF171024 /iii i/..if' _/17 J:d_!.�
�` ' '' EXPIRES October 22,2018 N•t,ry P n and f•r th`�ounty and State
Gaon 39e-0153 FIoridaNOlaryseMce.com as. "entioned above
(Affix Notary Seal) My Commission Expires: jO 4/8
Page 4 of 4
EXHIBIT "A"
LEGAL DESCRIPTION - 5754
LEGAL DESCRIPTION: 15' Wide Pedestrian Bridge Easement
A fifteen (15) foot wide Pedestrian Bridge Easement across a portion of State Road #826 Westbound, lying
directly adjacent to Tract "A", PLAZA OF THE AMERICAS SECTION ONE, according to the plat thereof, as recorded
in Plat Book 106 at Page 66 and Lot 7, SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION, according to the
plat thereof, as recorded in Plat Book 50 at Page 76, both being of the Public Records of Miami—Dade County,
Florida, and being more particularly described as follows:
Commence at the Southwest corner of said Tract "A"; thence N 03'39'14" W along the West line of said Tract
"A", also being the East right of way line of North Bay Road for 46.00 feet to the intersection of the East right
of way of North Bay Road with the North right of way line of the Florida Department of Transportation Right of
Way Map for State Road No. 826, Section 87170-2517 (Sheet 3 of 8), the following two (2) courses being at
right angles or parallel with the previously described course; 1) thence N 86'20'46° E along the North right of
way line of said State Rood #826 Westbound for 247.67 feet to the Point of Beginning of the hereinafter
described centerline of a fifteen (15) foot wide Pedestrian Bridge Easement, being seven and one half (7.5) feet
on each side of and contiguous with the following described centerline; 2) thence S 03'39'14" E for 76.00 feet
to a Point of Termination on the South right of way line of said State Road #826 Westbound, being also the
North line of said Lot 7.
NOTE: Side lines of the foregoing strips of land are to be lengthened or shortened so as to create a continuous
15.00 foot wide strip.
The above described perimetrical boundary being between elevation +16.7 to +35.2 feet, relative to the National
Geodetic Vertical Datum of 1929.
The above described perimetrical boundary being between elevation +15.2 to +33.7 feet, relative to the North
American Vertical Datum of 1988.
P4 I
THIS DOCUMENT CONSISTS OF 4 SHEETS AND SHALL
NOT BE CONSIDERED FULL, VALID AND COMPLETE
THIS IS NOT A SURVEY UNLESS EACH SHEET IS ATTACHED TO THE OTHER
F ORT IN, LEAVY, S KILES, INC. Florida Department of Transportation,District VI I
CONSULTING ENGINEERS,SURVEYORS&MAPPERS Item Segment No.: 7,-.
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER.:00003653 State
180 Northeast 168th.Street/North Miami Beach.Florida 33162 State Project No.: 87170-2517
Rhone:305-653-4493/Fax 305-631-7132/Email flegflsservey.com Federal Project No.: N/A
Drawn By MAP Ref. Dwg.2009-077 Date 7/23/15 State Road No.: 826
Cad No. 130455 Job No. 150638 Scale NOT TO SCALE I County: Miami—Dade
Plotted 7/23/15 1:14p 1 Dwg No. 1013-032-2 - Parcel No: 5754 Sheet 1 of 4
EXHIBIT "A"
SURVEYOR'S NOTES & CER'T'IFICATION
SURVEYOR'S NOTES:
— This site lies in Section 14, Township 52 South, Range 42 East, City of Sunny Isles Beach, Miami—Dade County,
Florida.
— Bearings hereon are referred to an assumed value of N 86'20'46" E per Florida Deportment of Transportation
Right of Way Map, State Road No. 826, Section 87170-2517 (Sheet 3 of 8) for the centerline of State Road
No. 826.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2009-077.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on July 23, 2015, and
meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida
Statutes.
'Not valid • out th- signature and the original raised
seal of: lorida Lkensed Surveyor and Mapper°
F• -TIN, L:AVY, S LB3653
By
Daniel C. For-tin, Jr., For The Firm
Surveyor and Mapper, LS6435
State of Florida.
THIS DOCUMENT CONSISTS OF 4 SHEETS AND SHALL
NOT BE CONSIDERED FULL, VALID AND COMPLETE
THIS IS NOT A SURVEY UNLESS EACH SHEET IS ATTACHED TO THE OTHER
'1FORTIN, LEAVY, S KS.ES, INC. Florida Department of Transportation,District VI
CONSULTING ENGINEERS,SURVEYORS&MAPPERS Item Segment No.: —
FLORIDA CERTIFICATE OF AI THOR ZA TION N JhIBER:00003653
180 Northeast 168th.Suet/North Miami Bench.Florida.33162 State Project NO.: 87170-2517
Phone:305-653-4493/Fax 305-631-7152/Email IIe@}IIaersrvey.com Federal Project No.: N/A
Drawn B• MAP Ref. P- .2009-077 Date 7 23 15 j State Road No.: 826
Cad No. 130455 Job No. 150638 Scale NOT TO SCALE I County: Miami—Dade
`Plotted 7/23/15 1:14p Dwg No. 1013-032-2 + Parcel No: 5754 Sheet 2 of 4
i
EXHIBIT "A"
SKETCH OF DESCRIPTION
1
A' GRAPHIC SCALE
® Q l IIIIIII'0�'IilIII ll �1AC U A 0 20 40 80 ;.
R PLAZA OF THE AMERICAS
® o 1111 H Oil SECTION ONE ( �I FEET )
t PLAT BOOK 106 PAGE 66 1 inch = 40 ft
® >, V
Z 4M m WEST UNE OF TRACT 6c NORTH RIGHT OF WAY UNE of POINT OF
pi% a N{ORTH BA Y ROAD E STATE ROAD X826 WESTBOUND B EG I N N I N
30.00' 247.67
RIGHT k61O6 • N86'20'46'E sa+
OF S03°39'1 4 E
90'
0 1.\_RSIGTHATTEOFROWAADY
1 ° RIGHT OF WAY 15.00'
M MAP V170-2517 STATE (PUBLIC R{GHGT�OF�WA`�
o�`� (SHEET 3 OF e) S' 1 ATE ROAD v�V Htl E _____ V IUD
225 2 BASELINE OF SURVEY —t--•— �i----46
RIGHT OF WAY` CENTERUNE OF F CENTERLINE 7.50'
STATE ROAD STATERROAD #826 SOUTH UNEY 0 5 DE
RIGHT OF WAY ND PEDESTRIAN BRIDGE
POINT OF MAP 87170-2517 OF TRACT 'A' EASEMENT 7.50' -
COMMENCEMENT (SHEET 3 of 8) II_-
SOUTHWEST CORNER OF TRACT 'A'
i SOUTH RIGHT OF WAY UNE OF POINT OF S
STATE ROAD #826 WESTBOUND
TERM INATIION
I NORTH LINE
1 SECOND REVISED PLAT OF GATEWAY PARK PARCEL OF LOT 7 ,
BELLA VISTA SUBDIVISION FORTIN,LEAVY,SKILES,INC.
1 PLAT BOOK 50 PAGE 76 DRAWING#2009-077
LOT 10 i LOT 9 LOT B l LOT 7
1 a
THIS DOCUMENT CONSISTS OF 4 SHEETS AND SHALL
NOT NOT BE CONSIDERED FULL, VALID AND COMPLETE
THIS IS NOT A SURVEY UNLESS EACH SHEET IS ATTACHED TO THE OTHER
•
FORTTN, LEAVY, S KiLES, INC. Florida Department of Transportation,District VI
CONSULTING ENGINEERS,SURVEYORS&MAPPERS Item Segment No.: —
FLORIDA CERTIFICATE ORAL.PTHORIF- TIONNU MHER:00003653 I State Project No.: 871 7
180 Northeast 168th-Street/North Miami Hemp.Merida.33162
Phone:305-653-4493/Fen 305-661-7152/Email fle@IIeevrvey.00en I Federal Project No.: N/A
Drawn By MAP Ref. Deg.2009-077_ Date 7/23/15 State Road No.: 826
Cad No. 130455 Job No. 150638 Scale 1°=40' County: Miami—Dade
`Plotted 7/23/15 1:14p I Dwg No. 1013-032-2 J Parcel No: 5754 Sheet 3 of 4
f 7
EXHIBIT "A"
LOCATION SKETCH
LOT 1 -
VISTAVIEW SECTION ONE TATUM'S OCEAN PARK ^ Qico
(P.B.96 PG.66) (P.B. 10 PG.64) A. 2 cy
0
O '. +'+
R.K.COMMERCIAL j �J -7 /g
O
CENTER SOUTH w �Q 0
Q O
7 TRACT"A" :P A T z <v0
PLAZA OF THE AMERICAS .` PART S ,�
SECTION ONE (PB. 106 PG.66) �QQOi 0 m0
s —EASEMENT
=O
d NOT
...._ 92 SUBDIVIDED
0
STATE ROAD? 826 WESTBOUND
4
1'1211111019 BELLA-VISTA1SUB12nd-EVISION
11 I II 1
1 1
11 11 18 fQ bo6P�6 s)I 5 1 4 1 3 2 1 1 1
2
STATE ROAD 826 EASTBOUND
II °a z
23 124125126127128129130131132 133134135 l 3• f ; o Q;
TRACT"A" (4 c I
I- W�
I— •
0---11'
. 'tiII1�I► f¢
THIS DOCUMENT CONSISTS OF 4 SHEETS AND SHALL
NOT BE CONSIDERED FULL, VALID AND COMPLETE
THIS IS NOT A SURVEY UNLESS EACH SHEET IS ATTACHED TO THE OTHER
F ORTIN, LEAVX, S KILES, INC. Florida Department of Transportation,District VI
coNSULTnNNQ ENGINEERS,SURVEYORS&MAPPERS Item Segment No.: — n
FLORIDA CBRTIFICATB OF AUTHORIZATION NUNIBBR:00003653 State Project No.• $717D-251 7
1 SO xorthma th
t 165 .Street/Worth M erol Hearth.Florid..33162
Phone:305-653-4493/Fax 305-651-7152/Email s@flasurvvy.corn Federal Project No.: N/A
Drawn By MAP Ref. Dwg.2009-077 Date 7/23/15 State Road No.: 826
Cad No. 130455 Job No. 150638 Scale NOT TO SCALE ` County: Miami—Dade
Plotted 7/23/15 1:14p I Dwg No. 1013-032-2 J Parcel No: 5754 Sheet 4 of 4
Item Coversheet Page 1 of 1
SAN"Y,hF City of Sunny Isles Beach
:>*'''\Z 18070 Collins Avenue
1 Sunny Isles Beach,Florida 33160
ti, °•,Fro/,' (305)947-0606 City Hall
o.s.. (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo,City Manager
FROM: Bill Evans, Director of Public Works/CIP
DATE: 6/18/2015
•
Resolution Approving a Perpetual Easement Agreement
with the State of Florida Department of Transportation
RE: for the Purpose of Construction, Operating and
Maintaining the Sunny Isles Beach Pedestrian Bridge at
the Gateway Park in Substantially the Same Form
RECOMMENDATION:
Staff is recommending the City Commission approve the attached
resolution.
REASONS:
The Florida Department of Transportation, will need to grant the City of
Sunny Isles Beach a perpetual easement agreement with the purpose of
constructing, operating and maintaining a pedestrian bridge over the
described land(see the attached legal description and survey)
This Perpetual Easement Agreement is solely for the purpose of constructing,
operating and maintaining the pedestrian overpass bridge to Gateway Park
from the north over westbound Sunny Isles Boulevard.
FUNDING SOURCE:
300-6-5720-465010-15002
ATTACHMENTS:
Description
Resolution
Easement Agreement
Item Number: 10.L.
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1682 6/11/2015