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HomeMy WebLinkAboutReso 2011-1747 RESOLUTION NO. 2011- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING AN EXISTING EASEMENT AGREEMENT WITH THE CITY OF NORTH MIAMI BEACH FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF WATER FACILITIES INCLUDING NECESSARY RIGHTS OF INGRESS AND EGRESS THROUGH HERIT AGE P ARK, A TT ACHED 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 has constructed Heritage Park and parking garage located at 19200 Collins Avenue; and WHEREAS, the City of North Miami Beach requires an Easement Agreement with the City in order to provide the City of Sunny Isles Beach better water service on that property; and WHEREAS, the City wishes to approve the existing Easement Agreement, attached hereto as Exhibit "A", assigning the exclusive right and privilege for the construction, operation and maintenance of water facilities, including necessary rights of ingress and egress through the property for such period of time as the City of North Miami Beach requires such rights, privileges or easements for operation and maintenance of said water system. 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. Ratify Approval of Easement Agreement. The City Commission of the City of Sunny Isles Beach hereby approves the Easement Agreement with the City of North Miami Beach, attached hereto as Exhibit "A". 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. R2011 - Easement Agmt NMB for Heritage Park Page 1 of 2 PASSED AND ADOPTED this 21st day of July 2011. , ATTEST: \ , :.c5~A ~ . . Jane A. \lines);MC, City Clerk r , ~ ..-,; .) j '" fIt<< ':. i APPROVED AS TO FORM AN A SUFFICIENCY: Moved by: C()~ ~ltlO Seconded by: ('~~ COPc-lT'O Vote: 5 -'t) Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl V(Y es) \/(Y es) V (Yes) V (Yes) ~(Yes) _(No) _(No) _(No) _(No) _(No) R2011 - Easement ^h'111t NMB for J Ieritage Park Page 2 of 2 Prepared by: Lyndon Bonner, City Manager City of North Miami Beach 17050 NE 19 Avenue North Miami Beach, FL 33162 (305) 948-2967 EASEMENT AGREEMENT THIS AGREEMENT made and entered into this Z-1Tt day of N\~ \ , 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: Developer: Initials: jJ HERITAGE PARK WM-0263 10/6/10 1 Cit~~ Prepared by: Lyndon Bonner, City Manager City of North Miami Beach 17050 NE 19 Avenue North Miami Beach, FL 33162 (305) 948-2967 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 ~ 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 construction, 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 Developer: Initials: ~ l-IERIT AGE PARK WM-0263 10/6/10 2 City: ~~ Prepared by: Lyndon Bonner, City Manager City of North Miami Beach 17050 NE 19 Avenue North Miami Beach, FL 33162 (305) 948-2967 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 in the Public Records of Miami-Dade County with the First Party to pay all costs of recording. Developer: Cit~' Initials: Ji HER1TAGE PARK WM-0263 10/6/10 3 Prepared by: Lyndon Bonner, City Manager City of North Miami Beach 17050 NE 19 Avenue North Miami Beach, FL 33162 (305) 948-2967 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. . aled and delivered ence of: CITY OF SUl IU:::H Mana uel' C II)II~ I 6'W1s-r~ ~:~SdA Signature of Witness #2 :10 1i..t;.1;?" L . V ~.A- [~07 ~ MAuQ, M.e.l'2.:Tec Printed Name of Witness #2 ATTEST: " (SEAL) M~UD ~~W{L Printed Name t&01 D eO'-'LA,JS -A-vE".JVG Address Before me rV/R I person all y appeared I\A \ A. M j - t) (.\ i\ I:; JC0,(~ ~ e.'fc1\ and STATE OF FLORIDA COUNTY OF , to me well known, and known to me to be the individuals described in and who executed the foregoing instrument of the above named (1'1 ~lf 0 r ~i.ll\(\'{ 1<;\175 ,f.)c~rporation, or having produced current drivers license as identification, and severally acknowledge to and before me that they executed such instrument of said Corporation, and that the seal affixed to the foregoing instrument is the corporate seal of Developer: JitialS: HERITAGE PARK WM-0263 10/6/10 4 ~ City:C ~- Prepared by: Lyndon Bonner, City Manager City of North Miami Beach 17050 NE 19 Avenue North Miami Beach, FL 33162 (305) 948-2967 said Corporation 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 Corporation and did/did not take an oath. WITNESS my hand and official seal, this tL'l day of r\~~ \ , A.D. 20 \ \ ""..~~~~t'tt~'".. ~~o (...,,~ ~. : . ': ry ubli~. Slale of florida ;~ ~'<f My Comm. Expires Mar 10 20tS ""'Il ~...,' ' , ' "'4.?r.:1~'\"" Commission # EE 72821 ~......----- -- ...... -- .-...-... ....:..- ............. LUZ REV \ (Signature of Notary) L vL- \CQ i (Name of Notary Typed, Printed or Stamped) A-J W\ tf\. Coo (cL V\~+v v' (Title or Rank Developer: ditialS: HERITAGE PARK WM-0263 10/6/1 0 5 Cit~~ Prepared by: Lyndon Bonner, City Manager City of North Miami Beach 17050 NE 19 Avenue North Miami Beach, FL 33162 (305) 948-2967 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 Developer: JinitialS: HERITAGE PARK WM-0263 10/6/1 0 6 City: LEGAL DESCRIPTION: EXHIBIT '~ " A portion of Tract D, GALAHAD-DADE, according to the plat thereof as recorded in Plat Book 92, Page 16, of the Public Records of Miami-Dade County, Florida, said lands lying and being in City of Sunny Isles Beach, Miami-Dade County, Florida and being more particularly described as follows: Commence at the Northeast corner of said Tract D, said point lying on a circular curve, concave to the East and whose radius point bears South 73'59'38" East; thence Southerly along the West Right-of-Way line of State Road A-1-A, also being the East line of said Tract D being along a 2,414.12 foot radius curve, leading to the left, through a central angle of 10'21'13" for an arc distance of 436.24 feet; thence North 84'20'51" West along a line being radial to the last and next described circular curve for 15.00 feet to a point on the Westerly line of the 15 foot wide North Miami Beach Utility Easement and the Point of Beginning of the hereinafter described Water Service Easement; thence continue North 84'20'51" West for 8.00 feet to a point on a circular curve, concave to the East and whose radius point bears South 84'20'51" East; thence Northerly along a 2,437.12 foot radius curve, leading to the right, through a central angle of 00'41'10" for an arc distance of 29.18 feet to a point on a line being radial to the last and next described circular curves; thence South 83'39'41" East along said radial line for 8.00 feet to a point on said Westerly line of the 15 foot wide North Miami Beach Utility Easement, said point lying on a circular curve, concave to the East and whose radius point bears South 83'39'41" East; thence Southerly along said Westerly line being a 2,429.12 foot radius curve, leading to the left, through a central angle of 00'41'10" for an arc distance of 29.09 feet to the Point of Beginning. SURVEYOR'S NOTES: This site lies in Section 2, 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 85'03'40" W for the North Line of Tract D, said bearing is identical with the plat of record. 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 Water utility Easement Sketch of description shown hereon. Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2011-036. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on May 02, 2011, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" :~. Fortin, For T Surveyor and Mapper, State of Florida. 8i~ll~b; aMBPIID ~I'sill ( Legal Descriptiom, Surveyor's Notes & Certification I FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th Street I North Mi8D1i Beach. Florida 33162 Phone 305-653-4493 I Fax 305-651-7152 I Email tls@flssurvey.com Date 05/02/11 Scale None Job. No. 11 0407 Dwg. No. 1011 -027 Sheet of 3 Drawn By Cad. No. REP 110270 Ref. Dwg. 2011-036 Plotted: 5/3/20111:50 PM z l5 u ----- a n '-" r-- I w U 0 II <(f- <( wU 0.... II' m<( a::: co zf- N II' 0---1 f-w ~ <(f- a III a::: 0 a WI CD I f- a (f) ::i <( II' z a 0.... 0:: '-" <( I' w w U f- ~ 0 (f) lIr. - lIJ!, ( Location Sketch I FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th Street / North Miami Beach, Florida 33162 Phone 305-653-4493/ Fax: 305-651-7152 / Email fls@flssurvey.com EXHIBIT '~" T ERR A C I N A A V E N U E (195TH STREET) TRACT "B" (PLAT BOOK 147 PAGE 32) POINT OF COMMENCEMENT NORTHEAST CORNER TRACT D, GALAHAD - DADE PLAT BOOK 92, PAGE 16 <( f- U <( a::: f- TRACT C 0-0 2 PAGE 16) TRACT B GALAH (PLAT BOOK TRACT D DE SITE N E 192 NOS T R E E T STATE ROAD No. 856 POINT OF BEGINNING ----- a 0:: ~ 4 ~ :::> a CD "\ Location Ma~ Scale: 1" = 300' Drawn By Cad. No. Ref. Dwg. REP 110270 2011-036 Plotted: 5/3/2011 12:06 PM ----- a 0:: ~ --' :::> a CD TRACT "0" " ~\ {' i: " I' I' \' II' III II, U ....... f- Z <( ---1 f-- <( ~ //P. Date 05/02/11 Scale 1" = 300' Job. No. 110407 Dwg.No. 1011-027 Sheet 2 of 3 Drawn By Cad. No. Ref. Dwg. EXHIBIT '~ " NORTH LINE OF TRACT 0 S83039'41"E 8.00' TRACT D GALAHAD-DADE (P.B. 92 PG. 16) A=0041'10" R=2437.12' L=29.18' T =14.59' N84020'51"W 8.00' East Boundary Une OF Tract 0 & West Right of Way Une of State Road A-l-A (Collins Avenue) o I GRAPHIC SCALE 15 30 I I 60 I ( IN FEET ) 1 inch = 30 ft. 11I1WlP.i ]JPfm ~hlll REP 110270 2011-036 ( SKETCH OF DESCRIPTION ') FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th Street / North Miami Beach, Florida 33162 Phone 305-653-4493 / Fax 305-651-7152 / Email fls@f1ssurvey.com PIotbI: 5/3/201112:06 PM --_87305 -"R,--P-'J8"12 "lDIAt--__ I POINT OF COMMENCEMENT I NORTHEAST CORNER TRACT D, GAlAHAD - DADE PLAT BOOK 92, PAGE 16 A=10021'13" I R=2414.12' L=436.24' T=218.71' A=0041 '10" R=2429.12' L=29.09' T =14.54' ----~-- N8420'S1"W- RADIAL 50.0' <( , ,.... 'w <(.::> Oz <(W 0> cr:<( Wz 1-<( ~W (f)O O. I / f / I :/ 1 ,~ I I / I / Date 05/02/11 Scale 1" = 30' Job. No. 110407 Dwg. No. 1011-027 Sheet 3 of 3 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 MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Jorge L. Vera, Assitant City Manager 1 Service DATE: 7/21/2011 RE: Easement Agreement with City of North Miami Beach RECOMMENDATION: Staff recommends approval of the attached resolution for an easement agreement with the City of North Miami Beach. REASONS: As part of the development of the Heritage Park and Parking Garage the City has to provide an easement for construction, operation and maintenance for the water meters and backflow preventer for the Heritage Park and Parking Garage to the City of North Miami Beach. The easement is part of the housekeeping measure that the City is require to complete prior to final Certificate of Occupancy ATTACHMENTS: . Resolution http://sibagenda.sibfl.net/agendalPreview.aspx?ItemID=544&MeetingID=O&MeetingDate... 7/15/2011