HomeMy WebLinkAboutReso 2009-1439
RESOLUTION NO. 2009- ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN
EASEMENT AGREEMENT WITH NORTH MIAMI BEACH
WATER DEPARTMENT FOR WATER METERS LOCATED
WITHIN PELICAN COMMUNITY PARK; AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID AGREEMENT IN
SUBSTANTIALLY THE SAME FORM AS THE ATTACHED
EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, North Miami Beach Water Department had easements for two water meters
servicing Pelican Community Park within the right-of-way of 181 Drive; and
WHEREAS, during the construction of Pelican Community Park the meters were
relocated within the Park property; and
WHEREAS, North Miami Beach Water Department requires a revision to the prior
Easements to include the additional property within Pelican Community Park for the two water
meters.
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 provides the City Manager with the authority to execute an Easement
Agreement with North Miami Beach Water Department in substantially the same form as the
attached Exhibit "A".
Section 3. Further Authorization of City Manager. The City Manager is further 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.
R2009 - Nf\lB Easement i\/,'ffits Pelican Community Park
Page I of 2
,ATTEST:
, '..~t\~
. .Jane A' Hines, CMC, City Clerk
".. ;'.
Vote as Follows: 5-0
Mayor Ede1cup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
R2009 - Nf\lB Eascmcnt i\/,'T11ts Pelican Community Park
Moved by: YIU 'l'i"31W[' T~~
Seconded by: ~~ $c.. t\()\..L
-1L(Y es)
V(Yes)
~Y es)
_(Yes)
-.L(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Pagc 2 of 2
EASEMENT AGREEMENT
THIS AGREEMENT made and entered into this
day of
, 20_, by and between CITY OF SUNNY ISLES BEACH, 18070
COLLINS AVENUE, 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 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 facilities.
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:
Active Park Eas ~ \V-C1717
April 19, 2006
Initials:
Developer:
City:
1. 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 responsible 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
maintenance and repair operations.
3. Nothing in the Agreement and the easement herein granted shall be construed to
prevent First Party or its successors in interest from granting exclusive or non-exclusive rights,
privileges and easements to other persons, firms and corporations, for furnishing utility services
Active Park Eas ~ \\:'-0717
April 19,2006
2
Initials:
Developer:
City:
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.
This Agreement shall be recorded by the CITY on the Public Records of Dade County
with the First Party to pay all costs of recording.
Active Park Eas ~ .W -::!EE
April 19,2006
3
Initials:
Developer:
City:
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
In
(V1A.>iUUO ~JCJ~
Printed Name of Witness #1
/iJL~
Signatur Itness #2
~ (.A'~-
Printed Name of Witness #2
~~;Q4
Active Park Eas - W-0717
April 19, 2006
BY:
Printed name
t ~b1{) Co~,l<; -A-vf.luEr ~,J',J1 \s.i..6~e-~, ft..
Address _ . >~I~O
AITEST~ ~~
Jane A. Hines, City Cl~rk (SEAL)
.}w~ t th~
Printed Name
t \010 ~,l~ fuJ~~V6( Sotlrll \~\.i~ ~M!tl ft.-
Address ~7\~
4
Initials:
Developer:
City:
.l..:..<""........ .
. . I . . . .
STATE OF FLORIDA COUNTY OF
Before me personally appeared
and
, to me well known, and known to me to be the individuals
described In and who executed the foregoing instrument of the above named
, a Municipality, or having produced current drivers license as
identification, and severally acknowledge to and before me that they executed such instrument of
said Municipality, and that the seal affixed to the foregoing instrument is the seal of said
Municipality 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 Municipality and did/did not take an oath.
WITNESS my hand and official seal, this
day of
, A.D. 20
(Signature of Notary)
(Name of Notary Typed, Printed or Stamped)
(Title or Rank
Active Park Eas - W-0717
April 19, 2006
5
Initials:
Developer:
City:
THE CITY OF NORTH MIAMI BEACH hereby accepts this Grant of Easement.
WITNESS
WITNESS
CITY MANAGER
Printed Name
APPROVED AS TO FORM:
CITY ATTORNEY
CITY CLERK
(SEAL)
Printed Name
Printed Name
Active Park Eas - \V-07] 7
April 19,2006
6
Initials:
Developer:
City:
EXHIBIT" A"
Active Park Eas - \V-()717
April] 9,2006
7
Developer;
City:
Initials:
SCHEDULE "B"
(LegaI description of fifteen (15) foot utility easement)
Active Park Eas - W-0717
April 19, 2006
8
Developer:
Initials:
City:
LAND DESCRIPTION
10' WATER LINE EASEMENT No. 1
ACTIVE PARK.
CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA
A portion of 181 SI Drive right-of-way, as shown on Plat of SUNNY ISLES SHORES
SECTION "A" recorded in Plat Book 53, Page 95, ofthe Public Records of Miami-
Dade County, Florida and being more particularly described as follows:
COMMENCE at the Southerly most Southwest comer of PERU TOWERS TRACT A,
according to the Plat thereof as recorded in Plat Book 99, Page 66, of the Public
Records of Miami-Dade County, Florida, said point also being the Northwest comer of
Lot 8, Block 3 of said SUNNY ISLES SHORES SECTION "A";
THENCE North 40035'20" West on Southwesterly line of said TRACT A, said line
also being the Northeasterly right-of-way line of said 181 sl Drive, a distance of 228.4 7
feet to the POINT OF BEGINNING;
THENCE South 49~4"40" West, a distance of20.00 feet;
THENCE North 40035'20" West, a distance of 10.00 feet;
THENCE North 49~4'40" East, a distance of30.00 feet;
THENCE South 40035'20" East, a distance of 10.00 feet;
THENCE South 49~4"40" West, a distance of 10.00 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 area of 300 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.
Prepared By:
CALVIN, GIORDANO AND ASSOCIATES, INC.
1800 Eller Drive, Suite 600
Fort lauderdale, Florida 33316
June 2, 2008
P:\ProjeclS\2oo3\034122 Sunny Isles Capilallmprovemenl Management\SURVEY\Legal Descriplions\03-4122-SD- WATER-
L1NE-EASE#I.doc
Sheet 1 of 3 Sheets
3. Bearings shown are based on the Northeast right-of-way line of 181 st Drive
having an assumed bearing of North 40035'20 West as shown on 181st DRNE
ACTIVE PARK WATER DISTRIBUTION SYSTEM "AS-BUILT" prepared
by William Herryman, Florida Professional Surveyor & Mapper No. 2804, last
dated 01-16-2008.
4, The description contained herein and the attached sketch, do not represent a
field Boundary Survey.
Date: b - ~-O!3
Prepared By:
CALVIN, GIORDANO AND ASSOCIA TES, INC.
1800 Eller Drive, Suile 600
Fort Lauderdale, Florida 33316
June 2, 2008
P:\Projects\20031034122 Sunny Isles Capilallmprovemenl ManagemenllSURVEY\Legal DescriplionsI03-4122-SD- WATER-
L1NE-EASE#I.doc
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10' WATER LINE EASEMENT #1
ACTIVE PARK
CITY OF SUNNY ISLES, MIAMI-DADE COUNTY, FLORIDA
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SKETCH OF DESCRIPTION 1 "=20' 03.4122.7
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qw 1800 Eller Drive. SUite 600
'i' rorl lAuderdale, Florida 333US CAO riLE
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LAND DESCRIPTION
10' WATER LINE EASEMENT No.2
ACTIVE PARK
CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA
A portion of 181 st Drive right-of-way, as shown on Plat of SUNNY ISLES SHORES
SECTION "A" recorded in Plat Book 53, Page 95, of the Public Records of Miami-
Dade County, Florida and being more particularly described as follows:
COMMENCE at the Southerly most Southwest corner of PERU TOWERS TRACT A,
according to the Plat thereof as recorded in Plat Book 99, Page 66, of the Public
Records of Miami-Dade County, Florida, said point also being the Northwest corner of
Lot 8, Block 3 of said SUNNY ISLES SHORES SECTION "A";
THENCE North 40035'20" West on Southwesterly line of said TRACT A, said line
also being the Northeasterly right-of-way line of said 181 st Drive, a distance of 1.12 feet
to the POINT OF BEGINNING;
THENCE South 49~4"40" West, a distance of20.00 feet;
THENCE North 40035'20" West, a distance of 10.00 feet;
THENCE North 49~4'40" East, a distance of28.00 feet;
THENCE South 40035'20" East, a distance of 10,00 feet;
THENCE South 49~4"40" West, a distance of 8.00 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 area of 280 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.
Prepared By:
CALVIN, GIORDANO AND ASSOCIATES, INC.
1800 Eller Drive, Suite 600
Fort lauderdale, Florida 333] 6
June 2, 2008
P:\Projects\2003\034 122 Sunny Isles Capital Improvement Management\sURVEy\Legal Descriptions\03-4122-SD- W A TER-
LINE-EASE#2.doc
Sheet 1 of 3 Sheets
3. Bearings shown are based on the Northeast right-of-way line of 181st Drive
having an assumed bearing of North 40035'20 West as shown on 181st DRIVE
ACTIVE PARK WATER DISTRIBUTION SYSTEM "AS-BUILT" prepared
by William Hel1)'ll1an, Florida Professional Surveyor & Mapper No. 2804, last
dated 01-16-2008.
4, The description contained herein and the attached sketch, do not represent a
field Boundary Survey,
Date: (b-Z-08
Prepared By:
CALVIN, GIORDANO AND ASSOCIATES, INC.
1800 Eller Drive. Suite 600
Fort Lauderdale, Florida 33316
June 2, 2008
P:\Projccts\2003\034122 Sunny Isles Capital Improvement Management\SURVEY\Legal Descriptions\03-4I 22-SD-W A TER.
LINE-EASE#2.doc
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CITY OF SUNNY ISLES, MIAMI-DADE COUNTY, FLORIDA
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Preview
Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDlLM
TO:
The Honorable Mayor and City Commission
FROM:
Jorge L Vera, Assistant City Manager
DATE:
6/18/2009
RE:
Pelican Park Water Meter Easement
RECOMMENDATION:
Staff recommends that the City Commission adopt the attached Resolution
approving water meter easements to North Miami Beach Water Department for
Pelican Park.
REASONS:
During the construction of Pelican Park easements for water meters were
provided on the right-of-way of 181 Drive. The water meters, however, were
installed within the park property where no easement had been dedicated. North
Miami Beach is requesting that the City modify the easement to show the new
legal where the water meters are currently located. This is just a housekeeping
detail to finalize the easement location and provide them to North Miami Beach
Water Department.
ATTACHMENTS:
. Resolution
Agenda Item
IO~
G-{~,09
Date
http://sibagenda. si bfl.net/agenda/Preview .aspx?I temID=46&MeetingIC