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HomeMy WebLinkAboutReso 2017-2693 RESOLUTION NO. 2017- 24,13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A TEMPORARY EASEMENT AGREEMENT BETWEEN GABLES INVESTORS, INC., D. P. MONACO, L.L.C. AND MIAMI-DADE COUNTY REGARDING THE USE OF PROPERTY LOCATED AT 17501 COLLINS AVENUE FOR BEACH RENOURISHMENT PURPOSES, ATTACHED HERETO IN SUBSTANTIALLY THE SAME FORM AS EXHIBIT "A"; AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City"), Miami-Dade County ("County"), the Florida Department of Environmental Protection ("FDEP") and the United States Army Corps of Engineers ("Corps") have jointly coordinated efforts to conduct beach restoration on eroded beach areas of the City; and WHEREAS, the County, on behalf of the Corps, requires an access in the area of 17501 Collins Avenue in order to gain access to the beach; and WHEREAS, the Owners, Lessee and County agree to enter into a Temporary Easement Agreement in order to accomplish this objective; and WHEREAS, the City Commission wishes to approve the Temporary Easement Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the Temporary Easement Agreement. The Temporary Easement Agreement for the area located at 17501 Collins Avenue to be used for beach renourishment purposes and attached hereto in substantially the same form as Exhibit "A" is hereby approved. Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are authorized to do all things necessary to effectuate the terms of this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. -`' \ PASSED AND ADOPTED this 20th day of April 2016. 54v t ,, � i r>r Georg- Scholl, Mayor f. ,.•fie""),' Jane A. Hines, MC, City Clerk Approving Temporary Easement Agreement 17501 Collins Ave. 1 of 2 APPROVED AS TO FORM AND LEG SUFFICIENCY: Hamid, An: d 0 root, City Attorney Moved by: vta A'�0� atOL >1'11W Seconded by: COW. akrrb Vote: Mayor Scholl I (Yes) (No) • Vice Mayor Goldman ✓(Yes) (No) Commissioner Aelion -041404-; (Yes) (No) Commissioner Gatto /(Yes) (No) Commissioner Svechin /(Yes) (No) Approving Temporary Easement Agreement 17501 Collins Ave. 2 of 2 This instrument prepared by(and after recording return to): Abbie Schwaderer Raurell Assistant County Attorney 1 1 1 NW 15` Street, Ste. 2810 Miami, FL 33128 (Reserved for Clerk of Court) TEMPORARY EASEMENT AGREEMENT THIS TEMPORARY EASEMENT AGREEMENT ("Agreement") is made and entered into as of the day of , 2017, by and between GABLES INVESTORS, INC., Property Owner, with an address of 3201 Ponce De Leon Blvd. #301, Coral Gables, FL 33134 and D.P. MONACO, L.L.C., Lessee (the"Grantors"), with an address of 18001 Collins Avenue, Sunny Isles Beach, Florida 33160, and Miami-Dade County (the "County"), a political subdivision of the State of Florida, 111 NW First Street, Miami, Florida 33128. RECITALS: A. The City, the County and the United States Army Corps of Engineers (the "Corps") have jointly coordinated to provide beach material in multiple eroded areas of Sunny Isles Beach (the "Joint Project") pursuant to the 1986 Agreement between the Department of the Army and Metropolitan Dade County for the Beach Erosion Control Project North of Haulover Beach Park; and B. In furtherance of the Joint Project, the Corps requires the use of certain property within the City for access and staging, and has requested that the County enter into this Agreement in connection with same; and C. The Grantors own certain property located at 17501 Collins Avenue, Sunny Isles Beach and more specifically described in Legal Description attached hereto as Exhibit "A", (hereinafter referred to as the "Temporary Easement Area" or the "Property"), in Sunny Isles Beach, that could be used for access and staging in order to fulfill the goals of the Joint Project. This property is also known as The Monaco Hotel. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree that the foregoing recitals are true and correct and further agree as follows: 1. The foregoing recitals are incorporated as if fully set forth herein. 2. The Grantors hereby grant to Miami-Dade County, its successors, and assigns, for the use of the County, its agents, employees, contractors, representatives and licensees, for a 12 month period commencing on the Effective Date, the temporary, non-exclusive easement on, over, and upon the Temporary Easement Area, subject to the terms, conditions, reservations and restrictions set forth herein, for the purpose of access, as well as all other work necessary or incidental to the construction of the Joint Project, including but not limited to borrow and/or deposit fill, erection and removal of temporary structures, staging of vehicles, equipment, and materials, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles, in connection with the Joint Project. Exhibit "A" 3. Assignment. The Grantors acknowledges that any of the rights set forth herein may be assigned, in whole or in part, including but not limited to the County's assignment of this Agreement to the Corps, its agents, contractors, and employees, who shall be performing work and activities on the Property, and the rights and obligations of the parties shall inure to the benefit of and be binding upon their successors and assigns. 4. Enforcement. The parties shall resolve any disputes, controversies, or claims between them arising out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act," Chapter 164, Florida Statutes, as amended. 5. Nothing herein shall constitute a waiver of Section 768.28 of the Florida Statutes or shall be construed as impacting or modifying the protections set forth therein. 6. Nothing in this Agreement, express or implied, is intended to (i) confer upon any entity or person other than the parties and their successors or assigns any rights or remedies under or by reason of the Agreement as a third party beneficiary or otherwise, except as specifically provided in this Agreement; or (ii) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. 7. The Grantors hereby warrants that it has full authority to grant and convey to the County all of the rights to the Property that are granted to the County in this Temporary Easement Agreement. EXECUTED as of the date and year first above written. SIGNED, SEALED AND DELIVERED CABLES INVESTORS,INC. IN THE PRESENCE OF: Property Owner By: Name: Name: Title: Name: D.P. MONACO, L.L.C. Lessee By: Name: Title: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2017 by , as on behalf of Gables Investors, Inc. By: Signature of Notary Public My Commission Expires: Printed,typed or stamp Page 2 of 3 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2017 by , as on behalf of D.P. Monaco, L.L.C. By: Signature of Notary Public My Commission Expires: Printed, typed or stamp SIGNED, SEALED AND DELIVERED MIAMI-DADE COUNTY,FLORIDA,a IN THE PRESENCE OF: political subdivision of the State of Florida By: Name: Name: Title: Name: Attest: By: County Clerk Approved as to form and language and for execution: County Attorney Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2017 by , as and on behalf of the Miami-Dade County. By: Signature of Notary Public My Commission Expires: Printed, typed or stamp Paae 3 of 3 s SKETCH TO ACCOMPANY LEGAL DESCRIPTION EASEMENT FOR BEACH RENOURISHMENT 0 • LEGEND: P.O.B. = POINT OF BEGINNING 0 50 100 P.B. = PIAT BOOK O.R.B. = OFFICIAL RECORDS BOOK PG. = PAGE SCALE SEC. = SECTION I " = 100' S.F. = SQUARE FEET = CENTERLINE I I I I I I ituco 15' ACCESS! ! fncu EASEMENT N v 50.0' I J - `n PORTION CpF TRACT 4 ! -O w (P.B. 1011 PG.64) �n Z Iv - I O /586°53'09'W _J p N 6°59'04 W 10 S86°53'09NKI 471.33' 123.I' ± I 0 0 1 50.00', // / // // / — /./ / / .,..../�'.I / /�/' W T v 586°53'09"W! 470.20' _ 0 Q ______j ! ON w II U 175th w Q COASTAL �r v w F z • I U TERRACE I z Q -° CONSTRUCTION _n O Q O 0 0 L3 o z EROSION 0 - 3 CONTROL LINE z I w > z w CONTROL LINE Z O = Q < t- Q (P.B. 74 - PG. 25) O > _ p OQ tv (Pb.. 134 - PG. 47) Q = idz OOIzO 00 • = z O Itul'i I e w m 6 >1`20-(51 0 PORTION F TRACT 4 g 9 w m I U OIO I- O O (P.B. )01 PG.64) v o z O Q z Ri SOUTH LINE5r 63 + Z V-WO OF TRACT 4 BULKHEAD LINE ) v c Z I 50.0' 1 Q z (P.B. 10 PG.64) (P.D. 55 PG. 77) I 0 SE I Q 1 uJ J 7 CORNER -u i :,I TRACT 4 < 1 46 .98' (P.B. 10, I Q J ! PG. 64) — 50.00 N I6°59'06;V I PORTION OF TRACT 3 E (P.B. 10 G.64) I a 1 LEGAL DESCRIPTION OF ACCESS EASEMENT: A portion of Tract 4 of "SUBDIVISION OF GOVERNMENT LOT 6 SECTION 2 TOWNSHIP 52 SOUTH, RANGE 42 EAST AND GOVERNMENT LOTS I , 2, 4 AND PORTIONS OF GOVERNMENT LOTS 5 AND 6 SECTION I I , TOWNSHIP 52 SOUTH, RANGE 42 EAST", according to the Mat thereof as recorded In Mat Book 10, at Page 64 of the Public Records of Miami-Dade County, Florida and being more particularly described as follows: The North 15 feet of the South 200 feet of said Tract 4, being bounded on the West by the Easterly Right of Way Line of Collins Avenue. (State Road A I A) and bounded on the East by the Erosion Control Line as shown on the Mat entitled "MAP SHOWING ESTABLISHMENT OF EROSION CONTROL LINE", according to the Mat thereof as recorded in Mat Book 134, at Page 47 of the Public Records of Miami-Dade County, Florida. Containing 7,062 Square Feet or 0. 16 Acres, more or less, by calculations. NOTICE:This document is not valid,full and complete without all pages. ? L $NGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 ' PHONE:(305)463-0912 ' FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM J,\14619 1300-1370 Monad Terrace\dwg\Sketch and Legal,\14619 SI Boywolk strip 04-07-17.dwg 4/12/2017 10:53:28 AM EDT JOB No.17123.0.00 PAGE 1 OF 2 SKETCH TO ACCOMPANY LEGAL DESCRIPTION EASEMENT FOR BEACH RENOURISHMENT 0 Atil 4 4E,1.�` �1�� o w s 6 m z Z s Q aisaist. w 175TH TE U MO O 11111111111111.111 1111111U IIII ,,in MIME Q J - < Z MN Q iff"" 412' 11.11 172ND STR 7 O U_ LOCATION MAP (NOT TO SCALE) PERTINENT INFORMATION USED FOR THE PREPARATION OF THIS DOCUMENT: The Legal Description of the Subject Parcel was generated from the following documents: I. Plat of"'SUBDIVISION OF GOVERNMENT LOT 6 SECTION 2 TOWNSHIP 52 SOUTH, RANGE 42 EAST AND GOVERNMENT LOTS I, 2,4 AND PORTIONS OF GOVERNMENT LOTS 5 AND 6 SECTION I I,TOWNSHIP 52 SOUTH, RANGE 42 EAST', recorded in Plat Book 10,at Page 64, Public Records of Miami-Dade County Florida. 2. Plat of'MAP SHOWING ESTABLISHMENT OF EROSION CONTROL LINE'. recorded in Plat Book 134,at Page 47, Public Records of Miami-Dade County Florida. 3. Plat of°COASTAL CONSTRUCTION CONTROL LINE", recorded in Plat Book 74,at Page 25, Public Records of Miami-Dade County Florida. 4. Plat of'BULKHEAD LINE°, recorded in Plat Book 55, at Page 77, Public Records of Miami-Dade County Florida. Bearings shown hereon are based upon the centerline of Collins Avenue with an assumed bearing of NO3°00'54"E,said line to be considered a well established and monumented line. EASEMENTS AND ENCUMBRANCES: No information was provided as to the existence of any easements other that what appears on the underlying Plat of record. Please refer to the Limitations item with respect to possible restrictions of record and utility services. RESTRICTIONS: Since no other information were furnished other than what is cited above, the Client is hereby advised that there may be legal restrictions on the subject property that are not shown on this Sketch or contained within this report that may be found in the Public Records of Miami-Dade County, Florida or any other public and private entities as their jurisdictions may appear. This document does not represent a field boundary survey of the described property,or any part or parcel thereof. SURVEYOR'S CERTIFICATE: I hereby certify:That this°Sketch to Accompany Legal Description"was prepared under my direction and is true and correct to the best of my knowledge and belief and further, that said"Sketch to Accompany Legal Description"meets the intent of the applicable provisions of the"Standards of Practice for Land Surveying in the State of Florida', pursuant to Rule 5J-17.05 I through 5J-17.052 of the Florida Administrative Code and its implementing law,Chapter 472.027 of the Florida Statutes. LONGITUDE SURVEYORS LLC.,a Florida Limited Liability Company Florida Certi ate of Authorization Number LB7335 / � of//r By: Date: Jo-- Senas,P5M --gistered Surveyor and Mapper 155938 :tate of Florida i ICE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper.Additions or deletions to Survey Maps by other than the signing party are prohibited without the written consent of the signing party. NOTICE:This document is not valid,full and complete without all pages. L$NGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 • FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM J:\14619 1300-1370 Monad Terroce\d«g\Sketch and Legols\14619 SL Baynalk strip 04-07-17.dng 4/12/2017 10:53:28 AM EDT JOB No. 17123.0.00 PAGE 2 OF 2 • JNNY Is< Cityof SunnyIsles Beach City Commission ��� �S Fs George"Bud"Scholl,h4ayor F 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Alayor t 'i `` " Sunny Isles Beach Florida 33160 Isaac Aelion, Commissioner u �'{1 �' x Jeanette Gatto,Commissioner * *_-`- * Larisa Svechin,Commissioner * 5 (305)947-0606 City Hall * v �* (305)949-3113 Fax r r9 %iy o e Christopher J.Russo City Manager y� s�* F Lo��o SSP (305)947-2150 Building Department C/r„NIC) (305)947-5107 Fax Hans Ottinot,Cit}>Anorney Y OF SUN " Jane A.Hines,i\IiIC,City Clerk MEMORANDUM TO: The Honorable Mayor and City e mm'ssion FROM: Hans Ottinot, City Attorney . II DATE: April 20, 2017 RE: Resolution approving a Temporary Easement Agreement for Property located at 17501 Collins Avenue with Miami-Dade County for Beach Renourishment Purposes RECOMMENDATION . It is recommended that the City Commission approve the proposed Resolution approving a Temporary Easement Agreement with Miami-Dade County for beach renourishment purposes. REASONS The City of Sunny Isles Beach ("City"), Miami-Dade County ("County"), the Florida Department of Environmental Protection ("FDEP") and the United States Army Corps of Engineers ("Corps") have jointly coordinated efforts to conduct beach restoration on eroded beach.areas in the City of Sunny Isles Beach. The County, on behalf of the Corps, requires an access area at the property commonly known as the "Monaco Hotel" in order to gain access to the beach. The Owner, Lessee and County have agreed to enter into a Temporary Easement Agreement in order to accomplish this objective.