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