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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 Sheet 2 of 3 Sheets .. .. !! ... c; C ::l In '" '" ~ '" o /' '" o o N /' .. U .I!. o It /' Ii: E d o o N <II o o N N o c ~ co . ~ ;:: ~ In UJ I Z ;C ::I cr: ... ~ I > I '" N ~ '" ~ 1: U ... UJ '" ~ ~ ~ a:: ~ In /' C .. E .. co o c o ~ SKETCH OF DESCRIPTION 10' WATER LINE EASEMENT #1 ACTIVE PARK CITY OF SUNNY ISLES, MIAMI-DADE COUNTY, FLORIDA ~---- " c .. E .. > o D- E LECE"D: B.C.R. CL UA.E. LB PB PG P.D.B. P.O.C. R/W W/Lt -+ ~ ^ . . ~ \, \, S'c/. ( I.(, ~1-.L ~ 0-", <$J & /. 00. -" .9i:"(>~ of-\T ~ ~01-<"S' J' ~ ,.~ 06' "'" O-j:l 6' " <J- oC' 1'..) NOTE: THIS SKETCH DOES ~ REPRESENT A BOUNDARY SURVEY \ \ \. iii""'"'''''''' ..-.-........ SCAlE PRQ.JECT No SH([1 SKETCH OF DESCRIPTION 1 "=20' 03.4122.7 ~ 1 En,incm Swveyon PIitnnm 10' WATER LINE EASEMENT I DATE 3 qw 1800 Eller Drive. SUite 600 'i' rorl lAuderdale, Florida 333US CAO riLE Phone, 954.921.7781 rex 9S4.921.8a07 SUNNY ISLES, FLORIDA 6/2/2008 See Left 3 I Certificate of Authorization 6791 Of 2 '0. o u Broword County Records Centerline Loke Mointenonce Eosement Licensed Business Plot Book Poge Point Of Beginning Point Of Commencement Right-ot-Way WA TER MAIN FlRE HYDRANT PLUG 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 Sheet 2 of 3 Sheets E a. N o N 8 N ~ SKETCH OF DESCRIPTION 10' WATER LINE EASEMENT #2 ACTIVE PARK CITY OF SUNNY ISLES, MIAMI-DADE COUNTY, FLORIDA ~, Q(/ A' (-b ;.,y~ ~ >Y,;. ()~ ~ <; "'%- -s-{) ~~~ ~() J'~';' ~ ~, /'~ (',;. '" / ;' ;' / N o ~ , / '- , '. , ~;' ;' ;' 0... <vS /' u 'j o~ /' 0'\ +- s-<'.. <<-":1 ;' v oG S .' \>- <;J~' <OV s'v<<;' ^~ ~ -\" ,\,-v C?> .;)~~ s<vCJ ~G. S 'J"J. <0' (5' ;' (If""""..................... k SCALE PImJ[CT No SHErT i En,Nas Swvqoon Planners SKETCH OF DESCRIPTION 1"=20' 03.4122.7 ,. ] IClOC Ellu Dri.., Suite 600 10' W ATE R LINE EASEMENT 3 forl Laud.erd.I.., Florida 33318 DATE CAll FiU ~ Phon.: 9~.921.7781 rax 954.921.8807 SUNNY ISLES, FLORIDA 6/2/2008 · Certificate or AUlhorizaUon 6791 See Left or 3 '" . .., N ~ w I Z ;c ::I l!: ~ I > I '" '" . '" 9- is .... w ~ " >- ~ a: :;) ~ c .. E .. '" o c o ::I c .. E ~ o a. !i :g 'ii o u 'LEGEND: B.C.R. Cl L.....E. LB PB PC P.O.B. P.O.C. R/W W/U ~ . .. .. !! ... c c :I lit N '" . '" o " .... o o N " .. U .11. o $ ci: P,Q.C. SOUTHERL Y MOST S.W. CORNER. TRACT A 66. D.C.R.) , , ~ '\. Broword County Records Centerline Loke "'aintenonce Eosement Licensed Business Plat Book Page Point Of Beginning Point Of Commencement Right-of-Way WA TER MAIN CA TE VALVE FIRE HYDRANT PLUG NOTE: THIS SKETCH DOES ~ REPRESENT A BOUNDARY SURVEY 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