2012-27953 Reso RESOLUTION NO.i 2012 -27953
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A' UTILITIES EASEMENT,
IN SUBSTANTIALLY THE FORM ATTACHED TO THIS RESOLUTION FROM
DR MODESTO MORA, AS THE OWNER OF LOT 8 AND LOT 9 OF THE
CORRECTED PLAT OF STAR ISLAND, FOR THE CONSTRUCTION,
INSTALLATION, OPERATION, AND MAINTENANCE OF A STORMWATER
OUTFALL PIPE, TO BE LOCATED WITHIN THE EASEMENT AREA, AS
SUCH AREA IS DESCRIBED IN THIS RESOLUTION AND IN THE
PROPOSED EASEMENT.
WHEREAS, Star Island Drive has recently been experiencing flooding; and
WHEREAS, Dr. Modesto Mora, the owner of Lot 8 and Lot 9 on Star Island, has offered to
grant the City a utilities easement for a new drainage outfall (the Easement); and
WHEREAS, City staff has prepared a stormwater infrastructure design that features a
proposed 36 -inch outfall through the proposed Easement; and
WHEREAS, the Easement area will be 9 to 12 feet in width, and approximately 407 feet in
length, for an area of approximately 4,709 square feet, generally on the north side of Lot 9; and
WHEREAS, this Easement provides the City with the ability to construct, install, inspect,
operate, and maintain a stormwater outfall pipe, utilities infrastructure, and all appurtenant facilities
thereto, with the right to reconstruct, improve, change and remove all. or any of the facilities within
the Easement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission accept a utilities
easement, in substantially the form attached to this resolution from Dr. Modesto Mora, as the
owner of lot 8 and lot 9 of the corrected plat of Star Island, for the construction, installation,
operation, and maintenance of a stormwater outfall pipe, to be located within the easement
urea, as such area is described in this resolution and in the proposed easement.
PASSED AND ADOPTED this 18 day of July, 2012.
ATTEST:
P ............ CS Matti HeOrrerd Bower, Mayor
Rafael Granado, City Clerk y
'. INCORP FORA ED:: APPROVED AS TO
41
FORM $ LANGUAGE
�; 8� FO CUTION
26 -_
ity torne� Date
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Accepting A
Utilities Easement, In Substantially The Form Attached To This Resolution From Dr. Modesto Mora, As
The Owner Of Lot 8 And Lot 9 Of The Corrected Plat Of Star Island, For The Construction, Installation,
Operation, And Maintenance Of A Stormwater Outfall Pipe, To Be Located Within The Easement Area, As
Such Area Is Described In This Resolution, And In The Proposed Easement.
Key Intended Outcome Supported:
Ensure Well- Designed, Quality Capital Projects.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the City Commission adopt the Resolution?
Item Summa /Recommendation:
The west side of Star Island Drive has recently been experiencing flooding during moderate and heavy
rains. The City has installed a system of portable pumps to temporarily address the problem and
developed a stormwater design to provide a 5 -year 24 -hour level of service.
Staff determined that the best way to permanently address the deficiencies of the stormwater system was
to interconnect five of the existing drainage basins. The original design featured five new drainage wells
and no new outfalls. However, after multiple meetings between staff and residents, the owner of Lot 8 and
Lot 9 offered an easement for a new drainage outfall. As a result of this offer, City staff developed a new
design that features a proposed 36 -inch outfall through the easement, which is superior to the previous
design because it will allow more discharge and will require less maintenance.
The easement agreement is not yet finalized. However, the City is expediting the'design and permitting of
this project in order to expeditiously relieve the flooding. As a result, staff believes it important to have the
Commission vote on accepting this easement in substantially the form attached at its July meeting and not
wait until the easement agreement is finalized.
This project has $650,000 available for construction, contingency, and soft costs.
The Administration recommends approving the resolution.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account Approved
Funds: 1 396,413 431 - 2337 - 069357
2 67,320 431 - 2337 - 000356
3 186,267 431 - 2730 - 069357
4
OBPI Total 650,000
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Rick Saltrick, ext: 6565
Sign
Department Direc Assistant City M n ger City Manag
FHB JGG KGB
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IM � 7S
MIAMI BEACH AGENDA ITEM
'� DATE �lX —�
® MIAMIBE'ACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: July 18, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING A UTILITIES EASEMENT, IN SUBSTANTIALLY
THE FORM ATTACHED TO THIS RESOLUTION FROM DR. MODESTO MORA, AS THE
OWNER OF LOT 8 AND LOT 9 OF THE CORRECTED PLAT OF STAR ISLAND, FOR
THE CONSTRUCTION, INSTALLATION, OPERATION, AND MAINTENANCE OF A
STORMWATER OUTFALL PIPE, TO BE LOCATED WITHIN THE EASEMENT AREA,
AS SUCH AREA IS DESCRIBED IN THIS RESOLUTION AND IN THE PROPOSED
EASEMENT.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
FUNDING
No funding is required in order to accept the easement and no additional funding is being requested
to construct the project.
BACKGROUND
The City has recently completed a capital improvements project at Star Island. This neighborhood
was not defined as a priority basin in the Comprehensive Stormwater Management Program Master
Plan developed by CH2MHill in 1997 and thus no new stormwater infrastructure was prowled.
Stormwater is collected by a valley gutter into six separate drainage basins. Each basin contains .
multiple inlets and an exfiltration trench system. The south most basin is located adjacent to the
bridge approach and is connected to a 15 -in outfall. The northern basin is connected to an existing
10 -in outfall.
While these basins drain properly, flooding is now occurring at three of the four basins located near
the middle of the west side of the island. Upon investigation, staff found that the existing exfiltration
S
Star Island Lot 10 Utility Easement
July 18, 2012
Page 2 of 2
trench system was functioning at a severely diminished capacity.
The City has installed a system of portable pumps to temporarily address the problem and
developed a stormwater design to provide a 5 -year 24 -hour level of service.
Four out of the six existing drainage basins are not connected to any outfalls. Due to the diminished
capacity of the existing exfiltration trench, they fail to meet the minimum required level of service for
the 5 -year 24 -hour storm event. Further, should the basins be connected, the existing outfalls at the
north and south ends of the island would not be large enough to dispose of the stormwater runoff
from the entire island.
ANALYSIS
Staff determined that the best way to address the deficiencies of the stormwater system is to
interconnect five of the existing drainage basins. The original design featured five new drainage
wells and no .new outfalls. However, after multiple meetings with residents, the owner of Lot 9
offered an easement for a new drainage outfall (Attachment). The new design features a proposed
36 -inch outfall through the easement and is superior to the previous design because it will allow
more discharge and will require less maintenance.
The easement will be 9 to12 feet in width and approximately 407. feet in length for an area of
approximately 4,709 square feet. It provides the City with the ability to construct, install, inspect,
operate, and maintain utilities infrastructure, and all appurtenant facilities thereto, with right to
reconstruct, improve, change and remove all or any of the facilities within the easement.
The cost for this work is estimated to be $580,000 plus contingency, inspections, JOC fee, and
testing in the amount of $70,000 for a total cost of $650,000. These funds have been previously
appropriated. Therefore, no additional funding is requested.
The easement agreement is not yet finalized. However, the City is expediting the design and
permitting of this project in order to expeditiously relieve the flooding. As a result, staff believes it
important to have the Commission vote on accepting this easement in substantially the form
attached at its July meeting and not wait until the easement agreement is finalized.
CONCLUSION
The Administration recommends that the Mayor and City Commission accept utilities easement, in .
substantially the form attached to this resolution from Dr. Modesto Mora, as the owner of lot 8 and
lot 9 of the corrected plat of Star Island, for the construction, installation, operation, and
maintenance of a stormwater outfall pipe, to be located within the easement area, as such area is
described in this resolution and in the proposed easement.
Attachment:
Draft Utility Easement
JMG /JGG /FHB /JJF /"
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I
GRANT OF EASEMENT
-THIS INDENTURE, made this day of
2012, between THE CITY OF MIAMI Reserved for Circuit Court
BEACH, a municipal corporation of the State of Florida, (hereinafter called GRANTEE)
and , owner of Lot 9 of the corrected plat of Star Island, whose mailing
address is , (hereinafter called GRANTOR);
WITNESSETH:
THAT, the GRANTOR; for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable considerations, the receipt of which is hereby
acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE,
its successors and assigns, forever, the right and privilege of an exclusive easement on the
property of the GRANTOR, shown and described on EXHIBIT "A" attached hereto and
made a part hereof, (hereinafter called the EASEMENT) to, construct, install, inspect,
operate and maintain utilities infrastructure, and all appurtenant facilities thereto, with
right to reconstruct, improve, change and remove all or any, of the facilities within the
easement, with the full right of ingress thereto and egress therefrom on the express
condition that it is used for the express purposes provided herein;
The GRANTEE shall regulate the right of ingress thereto and egress therefrom so
as not to conflict with normal operations of the GRANTOR; however, the GRANTEE
shall have full right to enter upon the EASEMENT at any time when normal operations
or emergency repairs of the FACILITIES are required.
By acceptance of this instrument, the GRANTEE agrees to indemnify and hold
harmless the GRANTOR from all and against all suits, claims, judgments, and all loss,
damage, costs or charges including attorney's fees and court costs solely arising from the
installation or maintenance, repair, use or existence of the GRANTEE'S: FACILITIES
adjacent to the EASEMENT. This indemnification shall survive any cancellation of this
agreement.
The GRANTEE shall be held responsible for any damage to adjacent property as
a. result of the-future operation of the FACILITIES.
The GRANTEE. during, the course.of future operation of the FACILITIES, . hall
not encroach beyond the boundaries .of the•EASEMENT,or any other easement that,may
be granted by the GRANTOR. Should the EASEMENT be abandoned or discontinued.by ..
law or otherwise, or no longer of use for the purposes provided herein or if.. the .
GRANTEE does not comply with any term, covenant, or condition of this instrument, the
said EASEMENT shall automatically cease and revert with the right of immediate
possession and right of entry to the GRANTOR or its successors in interest..
The GRANTOR does hereby affirm that it has full power and authority to grant
this EASEMENT and GRANTEE accepts -the property in "as is" condition.
All notices, requests, consents and other communications required or permitted
under this EASEMENT shall be in writing (including telex and telegraphic
communications) and shall be (as elected by the person giving such notice) hand
delivered by messenger or courier service, telecommunicated, or mailed (airmail if
international) by registered or certified mail (postage prepaid), return receipt requested,
or sent by any form of overnight mail, addressed to:
TO GRANTEE: WITH COPIES TO:
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
City Manager City Attorney
City of Miami Beach City of Miami Beach
1700 Convention Center Drive 1700 Convention Center Drive
2
Miami Beach, FL 33139 Miami Beach, FL
TO GRANTOR: WITH COPIES TO:
or to such other address as any party may designate by notice complying with the terms
of this paragraph. Each- such notice- :shall be deemed. delivered (1) on the date delivered if
.by personal delivery; (2) on the date telecommunicated if by telegraph;- (')-on the date of
transmission with confirmed receipt if by telex, telefax or other telegraphic - method; (4).
on the date upon which- the return receipt is, signed or. delivery is refused .or the notice.is
designated by, the postal authorities as not deliverable: •as.the case may be; :if mailed; and.,
(5) one day after mailing by any form. of overnight mail service.
(The rest of this page is intentionally blank.)
IN WITNESS WHEREOF, the GRANTOR herein has caused these presents to be.
executed on the day and year first above written. Attestation of this EASEMENT shall
constitute evidence of approval by the GRANTOR.
DR. MODESTO MORA
By:
Owner of Lot 9 of the corrected plat of Star Island
ATTEST:
APPROVED AS TO FORM AND
LEGALITY:
City Attorney
4
LEGAL DESCRIPTI ®N AND SKETCH
SEE ATTACHED EXHIBIT "A"
Page 1
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