HomeMy WebLinkAboutReso 2013-2064 RESOLUTION NO. 2013 - 2064
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY TO
EXECUTE A NEW DEED OF CONSERVATION EASEMENT TO THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN ORDER TO
AUTHORIZE THE CONSTRUCTION OF AN EMERGENCY
PEDESTRIAN BRIDGE CONNECTING NORTH BAY ROAD BETWEEN
172"d AND 174th STREETS, IN SUBSTANTIALLY THE SAME FORM AS
THE ATTACHED EXHIBIT "A"; AUTHORIZING THE CITY
MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY
TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City"), as successor in interest to 17070
Collins Avenue Shopping Center. Ltd., granted in favor of the South Florida Water Management
District ("District") that certain Deed of Conservation Easement dated November 14, 2000, and
recorded in Official Record Book 19377 at Pages 1775-1782 of the Public Records of Miami-
Dade County (the "Conservation Easement"); and
WHEREAS, a portion of the Conservation Easement encumbers the real property
needed to construct the City's emergency pedestrian bridge connecting North Bay Road between
172nd and 174th Streets, to be used for pedestrian and emergency vehicles only; and
WHEREAS, the City desires to execute a new Deed of Conversation Easement, attached
hereto as Exhibit "A", in order to permit the City to construct the emergency pedestrian bridge
consistent with the District's Permit Number 090408-3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
Section 2. Authorizing new Deed of Conservation Easement. The City Commission hereby
authorizes the City to execute the attached new Deed of Conservation Easement, attached hereto
as Exhibit "A", in order to authorize the City to construct the emergency pedestrian bridge
connecting North Bay Road between 172"d and 174th Streets.
Section 3. Authority of the City Manager and City Attorney. The City Manager and City
Attorney and all others acting on their behalf are authorized to do all things necessary to
effectuate this resolution.
Section 4. Effective Date. This Resolution shall become effective immediately upon
adoption.
1
PASSED and ADOPTED this 16th day of May, 2013.
_a �. i
t
ty . •rman S. Edelcup. Mayor
c ATTEST:
, t - , t
-
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Jane A. Hines. CMC. City Clerk
APPROVED AS TO FORM
AND E 6 • ' SUFFICIENCY:
4aira
Hans Ottinot. Ci y Attorney
Moved by: V t 02. rY Kea—WO
n
Second by: lilFnm\SSipn74 Q BLADE\-
VOTE: S--.o
Mayor Edelcup yesjL no
Vice Mayor Aelion yes i/no
Commissioner Gatto yes ✓no
Commissioner Levin yes ✓ no
Commissioner Scholl yes /no
•
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
DEED OF CONSERVATION EASEMENT
Return recorded document to:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Environmental Resource Compliance
• 3301 Gun Curb Road
West Palm Beach,FL 33408
This DEED OF CONSERVATION EASEMENT is given this 6th day of
May ,2013 ,by the City of Sunny Isles Beach, Florida, a municipal corporation
organized under the laws of the State of Florida
('Grantor) whose mailing
•
address Is 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160
to the South Florida Water Management District (°Grantee). As used herein, the term °Grantor shag Include any and all
heirs,successors or assigns of the Grantor,and all subsequent owners of the"Property'(as hereinafter defined)and the term
'Grantee'shall include any successor or assignee of Grantee.
• WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated In Miami-Dade
Canty,Florida,and more specifically described In Exhibit"R attached hereto and Incorporated herein("Property),and
WHEREAS, the Grantor desires to consbux:t an emergency pedestrian bridge
("Project) at a sits in Miami-Dade County, which is subject to the regulatory
. Jurisdlotlorh of South Florida Water Management District('District");and
WHEREAS, District Permit No. 090408-3 ("Peril) authorizes certain
activities which affect waters In or of the State of Florida;and
WHEREAS,this Perrot requires that the Grantor preserve,enhance,restore andror mitigate wetlands andlor uplands
under the Disfrt's jurisdiction;sit
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and
securing to the Grantee a perpetual Conservation Easement as defined in Section 704.08, Florida Statutes, over the area
described on ExMbit"B'('Conservation Easement).
incosporeted by reference in paragraph 40E-4.091(1)(a),F.AC.
Fohm 11 a0(1712011) g of
•
Exhibit "A"
•
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted
activity, and as an inducement to Grantee in issuing the Permit,together with other good and valuable consideration, the
adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual
Conservation Easement for and In favor of the Grantee upon the property described on Exhibit°B-which shall run with the
land and be binding upon the Grantor,and shall remain in full force and effect forever.
The scope,nature,and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made
a part of this Conservation Easement
2. Purpose It Is the purpose of this Conservation Easement to retain land or water areas in their natural,
vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish,
plants or wildlife. Those wetland and/or upland areas included In this Conservation Easement which are to be enhanced or
created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit.
To carry out this purpose,the following rights are conveyed to Grantee by this easement
a To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce
the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by
Grantor at the time of such entry;and
b. To enjoin any activity on or use of the Property that is Inconsistent with this Conservation
Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged
by any inconsistent activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities,or
surface water management improvements, or other activities descnbed herein that are permitted or required by the
Permit, the following activities are prohibited In or on the Conservation Easement:
a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other
structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash,
waste,or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or
nuisance vegetation in accordance with a District approved maintenance plan;
d. Excavation,dredging,or removal of loam,peat,gravel,soil,rock,or other material substance in such
manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to remain in its natural or
enhanced condition;
f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil
conservation,or fish and wildlife habitat preservation including,but not limited to,ditching,diking and fencing;
• g. Acts or uses detrimental to such aforementioned retention of land or water areas;
h. Acts or uses which are detrimental to the preservation of the structural integrity or physical
appearance of sites or properties having historical,archaeological,or cultural significance.
4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to
engage in uses of the Property that are not prohibited herein and which are not Inconsistent with any District rule,criteria,
permit and the intent and purposes of this Conservation Easement.
incorporated by reference in paragraph 40E-4.091(1)(e),F.AC.
Form 1190(122011) Page 2 of 9
5. No Dethcation. No right of access by the general public to any portion of the Property is conveyed by this
Conservation Easement.
•
8. Grantee's liability, Grantee ahab not be responsible for any costs or ilabtlitiea related to the operation,
upkeep or maintenance of the Property.
7. Property Taxes. Grantor Stab keep the payment of taxes and assessments on the Easement Parcel
current and shall not allow any lien on the Easement Parcel superior to this Easement In the event Grantor felts to
extinguish or obtain a subordination of such Yen, In addition to any other remedy, the Grantee may, but shall not be
obligated to,elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the
Grantee,together with Grantee's reasonable att ntw ey's fees and costs,with Interest at the maximum rata allowed by law,
no is than thbty days after such payment In the event the Grantor does not so reimburse the Grantee,the debt owed
to Grantee shall cot sttrts a lien aphid the Easement Parcel which shall authentically relate bade to the recording data
of tie Easement Grantee may foreclose this Yen on the Easement Parcel in the manner provided for mortgages on real
ProttellY.
8. g[dacement, Enforcement of the terms, provisions and restrictions of this Conservation Easement shall
be at the reasonable din of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in
the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights
hereunder.
9. amignment, Grantee will hold this Conservation Easement exclusively for conservation purposes.
Grantee wfl not assign Its rights and obligations under this Conservation Easement except to another organization or
entity qualified to hold such interests under the applicable state taws.
10. Severabir fir. If any provision of this Conservation Easement or the application thereof to any person or
dmrmsfaneon is found to be invalid,the remainder of the provisions of this Conservation Easement shall not be affected
thereby,as long as the purpose of the Conservation Easement Is preserved.
11. Terms and Restrictions, Grantor shall insert the terms and restrictions of this Conservation Easement in
any subsequent deed or other legal Instrument by which Grantor divests itself of any interest In the Conservation
Easement
12. Wrtftmn Notice. All notices, consents, approvals or other communications hereunder shall be in writing
and shall be deemed properly given if earns by United States certified mail, retain receipt requested, addressed to the
appropriate party or successor-In-interest
19. Modifications, This Conservation Easement may be amended, altered, released or revoked only by
written agreement between the pates hereto or their heirs, assigns or successors-in-interest, which shall be filed in the
public records in Miami-Dade County.
•
tncapaated by lefarence in paragraph 40E4091(1AAJ,Fate.
Form 1190(122011) Pegs 3 of 9
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On on 22-437` rhlY of 14f ,20 tb betme ma
the tmdarsIgned notary public, personally appeared NOEss-V.f� , the person
who subscribed to the foregoing tnstwnent, as the 1"aioc (W8)' at
C oc Soritht (51,ESber44.4-I . (cotporeUon), a Fladde corporation, and
acknowledged Min halals ended the same an behalf of geld corporation end the halm was dub authorized to do so.
HelShe la peraomfly known to me or has produced a (state)drives
Ecense as identdioation.
IN WITNESS WHEREOF,I •_ , -�a -, • ,. official seat •
NOTARY PUBLC,STATE at_illtr.,!:a-
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•
EXHIBIT A
LAND DESCRIPTION
The East 400 feet of that part of the North 100 feet of Lot 2, TATUM'S SUBDIVISION, lying
West of the Westerly Right-of-way line of State Road A.1.A., according to the plat thereof, as
recorded in Plat Book 10, Page 64, of the Public Records of Miami-Dade County, Florida.
AND:
The South 100 feet of the Fast 600 feet of Lot 3, TATUM'S OCEAN PARK SUBDIVISION,
according to the Plat.thereof, as recorded in Plat Book 10, Page 64 of the Public Rceords of
Miami-Dade County, Florida lying West of the Westerly Right-of-way line of State Road A.1.A.
EXHIBIT B
LEGAL DESCRIPTION
DEDICATION OF CONSERVATION EASEMENT
CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY,FLORIDA
- A portion of the East 400 of the North 100 feet of Lot 2, TATUMS SUBDIVISION, lying West
of the Westerly Right-of-Way line of State Road A-IA, according to the plat thereof as recorded
in Plat Book 10, Page 64 of the Public Records of Miami-Dade County, Florida and being more
particularly described as follows:
BEGINNING at the Southeast corner of 100 foot wide Conservation Easement as recorded in
Official Records Book 19377, Page 1775 of the Public Records of Miami-Dade County, Florida,
said point being on the at the North line of Lot 29, SOUTH SHORE ESTATES, according to the
plat thereof as recorded in Plat Book 52, Page 69 of the Public Records of Miami-Dade County,
Florida;
THENCE North 02°32'18" East on the East line of said Conservation Easement, also being the
Westerly line of said East 400 of the North 100 feet of Lot 2, TATUMS SUBDIVISION, a
distance of 100.49 feet to the intersection with the Northerly line of said Lot 2;
THENCE North 86°54'08" East on said Northerly line of Lot 2, a distance of 67.49 feet;
THENCE South 02°32'18" West, a distance of 100.49 feet to the intersection with the South line
of said Lot 2 and the-said North line of Lot 29, SOUTH SHORE ESTATES;
THENCE South 86°54'08" West on said South line of the North 100 feet of Lot 2 and said North
line of Lot 29, a distance of 67.49 feet;to the POINT OF BEGINNING
Said lands lying and being in the City of Sunny Isles Beach, Miami-Dade County, Florida, and
containing 6,749 square feet(0.15 acres), more or less.
SURVEYOR'S NOTES:
1. Not valid without the signature and original raised seal of a Florida Licensed Surveyor
and Mapper.
2. Lands shown hereon were not abstracted by the Surveyor, for Rights-of-Way, Easements,
Ownership, or other instruments of record.
3. The information shown hereon does not represent a Boundary Survey. •
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EXHIBIT B
4. Bearings hereon are referenced to the North line of Lot 29, SOUTH SHORE ESTATES
as recorded in Plat Book 52, Page 69 of the Public Records of Miami-Dade County,
Florida, having a bearing of South 86°54'08" West.
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EXHIBIT B
• LEGAL DESCRIPTION •
MANGROVE MITIGATION PLAN
CITY OF SUNNY ISLES BEACH,MIAMI-DADE COUNTY, FLORIDA
A parcel of land being a portion of Lot 3, TATUMS SUBDIVISION, according to the plat
thereof as recorded in Plat Book 10, Page 64 of the Public Records of Miami-Dade County,
Florida and being more particularly described as follows:. , -
COMMENCE at the Southeast corner of a 100 foot wide Conservation Easement as described
in Official Records Book 19377, Page 1775 of the Public Records of Miami-Dade County,
Florida;
THENCE North 02°32'18" East on the East line of said Conservation Easement, also being the
Westerly line of East 400 of the North 100 feet of Lot 2, TATUMS SUBDIVISION, also being
the West line of a parcel of land described in Official Records Book 20345, Page 3004 of Miami-
Dade County Records, a distance of 100.49 feet to the intersection with the Northerly line of said
Lot 2,said point also being the POINT OF BEGINNING;
THENCE South 86°54'08" West on the North line of said Conservation Easement, a distance of
201.03 feet to the intersection with the West line of the South 100 feet of the East 600 feet of Lot
3 of said TATUMS SUBDIVISION and the West line of said parcel of land described in Official
Records Book 20345,Page 3004, Miami-Dade County Records;
THENCE North 02°32'18" East on said West line of the South 100 feet of the East 600 feet of
Lot 3, a distance of 100.49 feet to the intersection with the South line of WINSTON TOWERS
600, as recorded in Plat Book 113, Page 81, of the Public Records of Miami-Dade County,
Florida;
THENCE North 86°54'08" East on said South line of WINSTON TOWERS 600, a distance of
65.51 feet;
THENCE South 59°35'31"West,a distance of 25.61 feet;
THENCE South 07°02'01" West,a distance of 31.10 feet;
THENCE South 12°26'08" East, a distance of 30.34 feet;
THENCE South 37°21'17" East, a distance of 8.47 feet;
THENCE North 86°36'32" Fast,a distance of 72.80 feet;
THENCE South 57°57'49" East, a distance of 10.72 feet;
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EXHIBIT B
THENCE North 86°42'05" East,a distance of 32.62 feet;
THENCE North 48°58'19" East, a distance of 9.27 feet;
THENCE North 57°53'17" East, a distance of 15.39 feet;
THENCE North 72°3212" East, a distance of 12.87 feet;
THENCE South 02°3218" West,a distance of 32.80 feet to the POINT OF BEGINNING.
Said lands lying and being in the City of Sunny Isles Beach, Miami-Dade County, Florida, and
containing 7,914 square feet(0.182 acres),-more or less.
•
SURVEYOR'S NOTES:
1. Not valid without the signature and original raised seal of a Florida Licensed Surveyor
and Mapper.
2. Lands shown hereon were not abstracted by the Surveyor, for Rights-of-Way, Easements,
Ownership,'or other instruments of record.
3. The information shown hereon does not represent a Boundary Survey. This description
was prepared from documents recorded in the Public Records of Miami-Dade County and
with the benefit of Record As-Built drawings of the Skate Park prepared by West
Architecture and Design, LLC, last dated 10-4-2010
4. Bearings hereon are referenced to the North line of SOUTH SHORE ESTATES as
recorded in Plat Book 52, Page 69 of the Public Records of Miami-Dade County, Florida,
having a bearing of South 86°54'08" West.
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City of Sunny Isles Beach
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~ 1 ; 18070 Collins Avenue
I -t� .. Sunny Isles Beach, Florida 33160
"n• FFLoe.N° SC (305)947-0606 City Hall
f,T.O• SUM ' C (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Helen Gray, PE, City Engineer
DATE: 5/16/2013
RE: A Resolution Granting Two Conservation Easements to the
South Florida Water Management District
RECOMMENDATION:
We recommend City Commission approve the resolution.
REASONS:
In order to satisfy permit conditions by the South Florida Water Management
District related to the construction of the North Bay Road Emergency Bridge, the
City needs to grant two conservation easements. The bridge configuration
includes the south connection point at 172"d Street directly impacting an area of
an existing conservation easement; the South Florida Water Management
District will process a release of the affected existing conservation easement
area only if replaced by additional conservation easement in another area. The
second conservation easement is to accommodate required mangrove mitigation
given that mangroves will be removed for the future bridge.
COST:
None at this time.
ATTACHMENTS:
• Resolution
• Deed of Conservation Easement
Agenda Item No.10K
Date 5/162013
163