HomeMy WebLinkAboutReso 2015-2494 RESOLUTION NO. 2015- 2y 9 9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING A
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UTILITY EASEMENT GRANTED BY PLAZA OF THE
AMERICAS CLUB, INC. CONDOMINIUM ASSOCIATION
FOR THE GATEWAY PARK PEDESTRIAN ELEVATED
BRIDGE, IN SUBSTANTIALLY THE SAME FORM
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 is in the process of constructing Gateway
Park on the north side of Sunny Isles Boulevard (also known as State Road 826 West), which
public park project is consistent with the City's Comprehensive Plan; and
WHEREAS, the City Commission determined that a Pedestrian Elevated Bridge
connecting the north side of Gateway Park to the north side of State Road 826 Westbound is
needed to provide for the general public welfare, health and safety of pedestrians to an adequate
and safe means of access to and from Gateway Park; and
WHEREAS, in order to provide electrical power to the Pedestrian Elevated Bridge,
electrical conduit needs to be run from the northern tower of the bridge to the existing FPL
transformer vault located within the Plaza of Americas property; and
WHEREAS, in order to facilitate this work, Plaza of the Americas has agreed to grant the
City a Utility Easement for the sole purpose of installing, operating and maintaining the electrical
conduit within the easement parcel; and
WHEREAS, the City wishes to approve the Utility Easement Agreement with Plaza of
the Americas Club, Inc. Condominium Association, attached hereto as Exhibit "A", solely for the
purpose of installing, operating and maintaining the electrical conduit for the Gateway Park
Pedestrian Bridge.
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. Approval of Easement Agreement. The City Commission of the City of Sunny
Isles Beach hereby approves the Utility Easement Agreement with Plaza of the Americas Club,
Inc. Condominium Association, in substantially the same form attached hereto as Exhibit "A".
R2015-Easement with Playa of Americas for Gateway Park Ped Bridge Page I of 2
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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.
PASSED AND ADOPTED this 19th day of November 20 5.
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George .. Scholl, Mayor
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-.Jane • . Hines 'MMC, •
City Clerk
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APPROVED AS TO FORM
AND L 5G, L SUFFICIENCY:
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Atal114 .
IT V :tt init, City Attorney
Moved by: b ILID*.J
Seconded by: -- L--cj 1 t%)
Vote: -a
Mayor Scholl _ Yes) (No)
Vice Mayor Gatto (/(Yes) (No)
Commissioner Aelion "(Yes) (No)
Commissioner Goldman VA(Yes) (No)
Commissioner Levin V (Yes) (No)
R2015-Easement with Plaza of Americas for Gateway Park Ped Bridge Page 2 of 2
I Illlll Hill 11111 11111111111111111111 1111 liil
CFN 2016R00!2274
OR BK 29939 P9s 3858-3866 (9P9s)
This prepared b RECORDED 01/27/2016 13:19:55
his instrument
P P Y DEED DOC TAX $0.60
After recording should be returned to: SURTAX $0.45
HARVEY RUVIHF CLERK OF COURT
MIAMI-DADE COUNTY? FLORIDA
Hans Ottinot, City Attorney
City of Sunny Isles Beach
18070 Collins Ave
Sunny Isles Beach, FL 33160 (Space Reserved for Clerk of Court)
EASEMENT AGREEMENT
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THIS EASEMENT AGREEMENT ("The Agreement") is made and entered into as of t
day of 3--AN U e.1/4A, 2016, by and between Plaza of the Americas Club Inc. Condominium
Association, a Florida corporation not for profit ("Grantor"), having an address of 17001 North Bay
Road, Sunny Isles Beach, Florida, 33160, and the City of Sunny Isles Beach, a Municipal corporation
existing under the laws of the State of Florida ("Grantee"), having an address of c/o City Manager,
18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
RECITALS:
WHEREAS, Grantor is the entity responsible for the maintenance and operation of that certain
condominium known as Plaza of the Americas Condominium Association and described in the
Declaration of Condominium of Plaza of the Americas Club, Inc. recorded in O.R. Book 106, Page 66,
of the public records of Miami-Dade County, Florida (the "Condominium"); and
WHEREAS, the Grantee is in the process of constructing an elevated pedestrian bridge in the
area abutting the Condominium that is owned by Grantor for the purposes of, in part, providing access
to pedestrians to Gateway Park; and
WHEREAS, in connection with the easement, Grantor has agreed to grant and create, and
Grantee desires to obtain, on the terms and condition hereinafter set forth, an easement across, under,
and through Grantor's property for the purposes of providing underground electrical service for the
elevator component of the pedestrian bridge.
NOW THEREFORE, Grantor, in consideration of ten ($10.00) Dollars-and for other good and
valuable consideration, the receipt and sufficiency of which are herby acknowledged, Grantor and
Grantee hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if
repeated at length.
2. Consideration. The Grantee agrees to pay the Grantor the sum of Eleven Thousand
Dollars ($11,000.00) for the rights to use the Easement Parcel described herein. The Grantor shall
make payment to Grantor upon execution of the Agreement.
Plaza of the Americas Club Inc. Condo Assn Page I of 6
0.
3. Easement Parcel. The Easement Parcel is that 10' wide strip bounded by lines L-1 to L-
6, as described in that legal description attached to and made apart of this Agreement as Exhibit "A",
to correctly note the section of Grantor's property that is encumbered by the Easement Agreement.
From and after the date of this Agreement, only the Easement Parcel shall be subject to, and burdened
and encumbered by, the terms and provisions of this Agreement forever and in perpetuity.
4. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement in favor
of the Grantee across, under and through the Easement Parcel solely for the purposes of providing
underground electrical service for the elevator portion of the pedestrian bridge in the area abutting the
Condominium that is owned by Grantor.
5. Maintenance of Easement Parcel. Grantor shall be responsible for maintaining the
surface of the Easement Parcel (including any and all improvements which Grantor may construct
thereon from time to time) after the completion of the pedestrian bridge. Grantee shall be responsible
for maintaining all improvements it constructs in the Easement Parcel.
6. Restoration of Property. Grantee and its agents shall be responsible for restoring the
Easement Parcel in the same condition as existed prior to Grantee's use of the Easement Parcel, such
as in the event that Grantee has to make certain repairs to the electrical lines.
7. Covenant running with the land. This Agreement shall constitute a covenant running
with the land and will be recorded in the Public Records of Miami Dade County, Florida. This
Agreement shall remain in full force and effect and be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors, and assigns. This Agreement shall remain in full
force and effect until such time as the same is released by the City Commission of the City of Sunny
Isles Beach after a public hearing.
8. Compliance with Laws. The beneficiaries of the Easement shall at all times observe in
the use of the Easement Parcel all applicable municipal, county, state and federal laws, ordinances,
codes, statutes, rules and regulations.
9. Reservation. Grantor hereby reserves all rights of ownership in and to the Easement
Parcel which are not inconsistent with the Easement, including limitation: (a) the right to grant further
non-exclusive easements on, over/or across the Easement Parcel, (i.e. utility easement), (b) the right to
use the Easement Parcel for all uses not interfering or inconsistent with the uses permitted herein,
including, but not limited to the development of the property.
10. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes, Grantee
hereby agrees, and all parties by virtue of their use of the Easement shall be deemed to have agreed, to
jointly and severally indemnify, defend and hold harmless the Grantor (and all of its members, officers,
directors, employees, successors and assigns) from and against any and all damages, claims, costs or
expensed whatsoever (including all reasonable attorneys' fees and costs whether suit be brought or any
appeals be taken there from) arising from, growing out of or connecting in any way with the negligent
use of the Easement by Grantee. The Grantor hereby agrees, and all parties by virtue of their of use of
the Easement shall be deemed to have agreed, to jointly and severally indemnify, defend and hold
harmless the Grantee (and all of its members, officers, directors, employee, successors and assigns)
Plaza of the Americas Club Inc. Condo Assn Page 2 of 6
from and against any and all liabilities, damages, claims, costs or expensed whatsoever (including all
reasonable attorneys' fees and costs whether suit be brought or any appeals be taken there from)
arising from, growing out of or connecting in any way with the negligent use of the Easement by the
Grantor.
11. Enforcement. The provisions of this Agreement may be enforced by all appropriate
actions at law and in equity by the respective parties with the prevailing party in any such action
entitled to its reasonable attorneys' fees and costs incurred at all trial and appellate levels.
12. Construction. The section headings contained in this agreement are for reference
purposed only and shall not affect the meaning or interpretation hereof. All of the parties to this
Agreement shall not be more strictly construed against any one of the parties hereto. In constructing
this Agreement; the singular shall be held to include the plural, the plural shall be held to include the
singular, and reference to any particular gender shall be held to include every other and all genders.
13. Notices. Any and all notices required or desired to be given hereunder shall be in
writing and shall be deemed to be duly given when delivered by hand or three (3) business days after
deposit in the United States Mail, by registered or certified mail, return receipt requested, postage pre-
paid, and addressed to the applicable party to the address set for such party set forth at the top of this
agreement (or to such other address as either party shall hereafter specify to the other in writing).
14. Severability. In the event any term or provision of this Agreement is determined by
appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest
legal meaning or be construed as such authority determines, and the remainder of this Agreement shall
be construed in full force and effect.
15. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns.
16. Amendment. No modification or amendment shall be effective unless signed in writing
by both parties and recorded in the Public Records of Miami-Dade County, Florida.
17. Entire Agreement. This Agreement constitutes the entire agreement among the parties
with respect to the subject matter hereof and supercedes all prior agreements, understandings and
arrangements, both oral and written, between the parties with respect thereto.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as
of the day and year first above written.
(Signatures on next page)
Plaza of the Americas Club Inc. Condo Assn Page 3 of 6
GRANTOR:
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WITNESSES: PLAZA OF THE AMERICAS CLUB. INC.:
A Florida Non Profit Corporation
Print Name 'o •to 1' T' -cr P • Name: e' v� c 4
ts:
11.2.►itt —
Pame: 3w Z A►vL9L. (A-eN.a"-
{CORPORATE SEAL}
MERCEDES E RODRIGUEZ
;...�1�rj MY COMMISSION#FF020196
EXPIRES May 21.2017
STATE OF FLORIDA ) 1407)398-0153 FloridallotaryService.corn
COUNTY OF MIAMI-DADE)
The foregoing Agreement was acknowledged before me this' -r9- day of 'Le--) . 2015.
by J•e s J s Co �=i- , as President of Plaza of the Americas Club. Inc. a Florida
corporation not for profit; on behalf of said corporation. He/She personally appeared before me who is
• personally known to me or who has produced as identification.
•
{"NOTORIAL SEAL}
Notary: 4-'22—C--
Print Name: b` l Sy (�. /e.D1./2•l/6o0&L4
My Commission Expires:
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Plaza of the Americas Club Inc. Condo Assn Page 4 of 6
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GRANTEE:
Chris op . Rust
so, City Manager
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
The foregoing Agreement was acknowledged before me this day of Thlithz , 201
by , as City Manager of the City of Sunny Isles Beach, a Florida
munic_.. ••.e • ■i on behalf of said corporation. He/She personally appeared before me who is
personally known to me .r who has produced as identification.
{NOTORIAL SEAL}
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Plaza of the Americas Club Inc. Condo Assn Page 5 of 6
EXHIBIT "A"
Plaza of the Americas Club Inc. Condo Assn Page 6 of 6
EXHIBIT "A"
LEGAL DESCRIPTION: City of Sunny Isles Beach Utility Easement
A City of Sunny Isles Beach Utility Easement across a portion of Tract "A", PLAZA OF THE AMERICAS SECTION ONE,
according to the plat thereof, as recorded in Plat Book 106 at Page 66, 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 02'17'35" 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; thence N 87'42'25" E along the
North right of way line of State Road #826 Westbound for 262.17 feet; thence N 0717'35" W for 48.65 feet to
. the Point of Beginning of the hereinafter described City of Sunny Isles Beach Utility Easement, the following two
(2) courses being along the exterior boundary of the Proposed Gateway Park Pedestrian Bridge Easement prepared
by Fortin, Leavy, Skiles, Inc. on Drawing No. 1013-032-1; 1) thence continue N 02'17'35" W for 5.35 feet; .
2) thence S 87'42'25" W for 14.09 feet; thence N 66'55'01' E for 29.39 feet, the following two (2) courses
being along the limits of an existing 9—Story Building; 1) thence S 04'34'25" W for 5.64 feet; 2) thence
S 85'49'00" E for 10.91 feet; thence S 66'55'01" W for 25.20 feet to the Point of Beginning.
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 87'42'25" E for the North right of way line of
N.E. 163rd Street.
— 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 October 28, 2015,
and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027,
Florida Statutes.
"Not valid with. the signature and the original raised
seal of a F: ida ►'censed Surveyor and Mapper"
F -TIN, LrAVY, S / - " C., LB3653
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-,,,,,,:4---- re._
Daniel-C. Fortin, .Jr., -For The Firm
Surveyor and Mapper, LS6435
State of Florida.
Drawn By MAP ' I DESCRIPTION, NOTES, AND CERTIFICATION 1 Date 10/28/15
Cad. No. 130455 FORTIN LEAVY S KILES INC, Scale NOT TO SCALE
Ref. Dwg. Job. No. 151356
2009-077 CONSULTING ENGINEERS, SURVEYORS &MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1015-110
180 Northeast 168th Street/North Miami Beach,Florida 33162
Plotted: 10/28/15 6:420 Phone 305-653-4493/Fax 305-651-7152/Email fls @flssurvey.com `Sheet 1 of 3 y` -�
A
'\ EXHIBIT "A" U
9-STORY MITS OF
011 LINE TABLE BUILDING
Q 0 99 Q q9 LINE LENGTH BEARING
O1 L1 5.35 N0217'35"W ir
(t L2 14.09 S8T42'25"W
PLAZA OF THE AMERICAS L3 ' 29.39 N66.55'01"E \,3 '
Q 1 SECTION ONE L4 5.64 SO4'34'25"W s'o.t;; ..
3 ›. 1 PLAT BOOK 106 PAGE 66 L5 10.91 S85.49.00"E 6 QM L6 25.20 S66'S5'O1"W
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0 I POINT OF NI.In
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cc H I BEGINNING ' in
d WEST UNE OF TRACT 'A' & NORTH RIGHT OF WAY UNE OF PROPOSED GATEWAY PARK M
O EAST RIGHT OF WAY UNE STATE ROAD #826 WESTBOUND PEDESTRIAN BRIDGE EASEMENT I-
OF NORTH BAY ROAD FORTIN, LEAVY, SKILES, INC. ci
Z I DRAWING NO. 1013-032-1 �=J Z
262.17' i�J _41)z. — —
30.00' N87'42'25°E
<o
[RIGHT OF WAY
3 Y 90, °o STATE ROAD
RIGHT OF WAY
o m a Id NO2'17'35°W n MAP 87170-251 7
(PUBLIC RIGHT OF WAY)
(SHEET 3 OF 8)
L1 - �'0°
OSOF TRACT UTH UNE"A'
STATE ROAD #826 WESTBOUND _
_ RI WAY
STATE GHT OF ROAD
CENTERLINE ° RIGHT OF WAY
W
L ESTBOUND
STATE ROAD D88 26 co MAP 87170-2517
POINT OF (SHEET 3 OF 8)
COMMENCEMENT
S.W. CORNER OF TRACT °A° --F.,-,-,-,-,-,-?TTiTiTiTiT/Ti Ti TX Ti /7-7 T
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LOT 10
I LOT 9 LOT 8 I LOT 7
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ISECOND REVISED PLAT OF GATEWAY PARK PARCEL I
BELLA VISTA SUBDIVISION / FORTIN,LEAVY,SKILES,INC.
IPLAT BOOK 50 PAGE 76 DRAWING#2009-077 I
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GRAPHIC SCALE
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III N lilt 0 20 40 0 80 I
II 1 I I_J T'q I H II I'
( IN FEET ) I
1 inch = 40 ft.
11J1�1J1111111...!L/L!11L'L'J!1/1 L.1 G1[1 L,/l-
L N87'42'25 E k
N.E. 163RD STREET -
J
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a CENTERLINE OF
STATE ROAD #826 EASTBOUND
STATE ROAD #826 SUNNY ISLES BOULEVARD_. EASTBOUND _ �- - —�
- -- - ISLES OCEAN BEACH-PLAT BOOK 50 PAGE 76)
(PUBLIC RIGHT OF WAY) �,
Drawn By MAP ' I
SKETCH OF DESCRIPTION 1 Date 1 o/2x/15
Cad. No. Scale 1"=40'
130455 F ORTIN, LEAVY, S KILES, INC. 1 =40
Ref. Dwg.
2009-077 CONSULTING ENGINEERS, SURVEYORS &MAPPERS Job. No. 1 51 356
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1015-1 10
180 Northeast 168th Street/North Miami Beach,Florida 33162
Plotted: 10/28/15 6:42a,, Phone 305-653-4493/Fax 305-651-7152/Email fls @flssurvey.com `Sheet 2 of 3 J
OR SK 29939 PG 3866
LAST PAGE
EXHIBIT "A"
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LOT 1 Z
VISTAVIEW SECTION ONE TATUM'S OCEAN PARK Q�ccY-.
(P.B. 10 PG.64) �(
(P.B.96 PG.66) p O07�2 �l
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PLAZA OF THE AMERICAS ,s P PART J ,O
19 SECTION ONE (P.B. 106 PG. 66) .? v0 �O�
EASEMENT o
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SUBDIVIDED .
STATE ROAD 826 WESTBOUND _0
1 BE�LA UISTA1SU612nd F�EVIION
112111 10 9 8 17 616x1 511 41 3 21 11
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PARK
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IIITH IIII
-0'4:-
'Drawn By MAP , I LOCATION SKETCH -, /Date 10/28/15
Cad. No. 130455 F ORTIN, LEAVY, S KILES, INC, Scale NOT TO SCALE
Ref. Dwg. Job. No. 151356
2009-077 CONSULTING ENGINEERS, SURVEYORS &MAPPERS _
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1015-110
180 Northeast 168th Street/North Miami Beach,Florida 33162
Plotted: 10/28/15 6:42x/ Phone 305-653-4493/Fax 305-651-7152/Email fls @flssurvey.com `Sheet 3 of 3 /
2/18/2016 Coversheet
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,0 /S(
/,.7 �°� City of Sunny Isles Beach
t _ � 18070 Collins Avenue
" ` ,' : Sunny Isles Beach,Florida 33160
sf c, '1.°F ° a •o (305)949311 Hall
3 Fax
0„..,i,
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J.Russo,City Manager
FROM: Elka Linton-Dorsett,Capital Projects Manager
DATE: 11/19/2015
RE: Resolution Approving an Easement with Plaza of
Americas for the Gateway Park Pedestrian Bridge
RECOMMENDATION:
Staff is recommending the City Commission approve the attached
resolution.
REASONS:
In order to provide electrical power to the Pedestrian Bridge, electrical
conduit needs to be run from the northern tower of the bridge to the
existing FPL transformer vault located within the Plaza of America
property. In order to facilitate this work,the Plaza of America will need
to grant the City of Sunny Isles Beach a utility easement. The
easement shall be for the sole purpose of installing, operating and
maintaining the electrical conduit within the land limits described in the
attached sketch and legal description.
ATTACHMENTS:
Description
Resolution
Utility Easement
Item Number: 10 L•
http://sunnyisles.novusagenda.com/agendapublic//CoverSheet.aspx?Item ID=1779&M eeti nglD=106 1/1