Resolution 2022-31990RESOLUTION NO. 2022-31990
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE, IN A FORM APPROVED
BY THE CITY ATTORNEY, A PERPETUAL UTILITY EASEMENT
AGREEMENT WITH 6800 INDIAN CREEK DRIVE LLC ("OWNER" AND
"GRANTOR"); SAID AGREEMENT GRANTING THE CITY AN
EASEMENT ON AN AREA OF LAND OF APPROXIMATELY 54.47
SQUARE FEET, IN ORDER TO INSTALL, ACCESS, OPERATE,
MAINTAIN, REPAIR, REPLACE AND UPGRADE UNDERGROUND
UTILITIES IN CONNECTION WITH A MIXED-USE, MULTIFAMILY
BUILDING LOCATED AT 6800 INDIAN CREEK DRIVE.
WHEREAS, 6800 Indian Creek LLC ("Owner" and "Grantor") is the owner of the property
located at 6800 Indian Creek Drive (the "Property"), located in the City of Miami Beach ("Grantee"
or the "City"); and
WHEREAS, the Grantor is developing a mixed-use, multifamily building on the Property, and
desires to grant the City a perpetual easement on an area of land of approximately 54.47 square
feet, in order to install, access, operate, maintain, repair, replace and upgrade underground utilities,
which area is described in Exhibit A to this Resolution; and
WHEREAS, given that the City is required to maintain the water infrastructure between the
water main and water meters, including the water meters located on the Property, the
Administration recommends that the City Commission approve this Resolution and authorize the
Mayor to execute the proposed utility easement agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby approve and authorize the Mayor and City Clerk to execute, in a form approved by the City
Attorney, a Perpetual Utility Easement Agreement with 6800 Indian Creek Drive LLC ("Owner" and
"Grantor"); said Agreement granting the City an easement on an area of land of approximately
54.47 square feet, in order to install, access, operate, maintain, repair, replace and
upgrade underground utilities in connection with a mixed-use, multifamily building located at 6800
Indian Creek Drive.
PASSED and ADOPTED this do
ATTEST:
E. Granado, City Cl
JAN 2 5 2022
day of ^ h , 2022.
Dan Gelber, Mayor
APPROVED AS TO FORM AND
LANGUAGE AND FPR EXECUTION
(- I �_ - 22
City Attorney Qk Date
C7 -Resolutions X
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: January 20, 2022
SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAl OR AND CITY CLERK TO EXECUTE, INA FORM APPROVED BY THE
CITY ATTORNEY, A PERPETUAL UTILITY EASEMENT AGREEMENT
WITH 6800 INDIAN CREEK DRIVE LLC ("OWNER" AND
"GRANTOR"); SAID AGREEMENT GRANTING THE CITY AN EASEMENT,
ON AN AREA OF LAND OF APPROXIMATELY 54.47 SQUARE FEET, IN
ORDER TO INSTALL,ACCESS, OPERATE, MAINTAIN, REPAIR, REPLACE
AND UPGRADE UNDERGROUND UTILITIES IN CONNECTION WITH A
MIXED-USE, MULTIFAMILY BUILDING LOCATED AT 6800 INDIAN CREEK
DRIVE.
RECOMMENDATION
The Administration recommends accepting and executing the proposed perpetual easement
from 6800 Indian Creek Drive LLC.
6800 INDIAN CREEK LLC is the ("Owner" and "Grantor") of the property located at 6800
Indian Creek Drive (the "Property"), within the Cites municipal jurisdiction ("Grantee" and the
"Cid").
The Grantor is developing a multi -family, mixed use building located on the Property, and
desires to grant the City one perpetual right and easement containing approximately
54.47square feet, in order to install, access, operate, maintain, repair, replace and
upgrade underground utilities in the area described in Exhibit A. attached hereto.
Since the City is required to maintain the water infrastructure from the water main to the water
meters, and including the water meters located in the property, the Administration recommends
accepting and executing the proposed perpetual easement.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City
show that 47% of residents rated City efforts to plan for growth as very satisfied/satisfied.
Page 401 of 1313
CONCLUSION
The Administration recommends accepting and executing the proposed perpetual easement
from 6800 Indian Creek Drive LLC.
Applicable Area
North Beach
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
Yes
Does this item utilize G.O.
Bond Funds?
Yes
Strategic Connection
Environment & Infrastructure - Make existing and new government buildings, assets and fleet
efficient, sustainable and resilient.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ 6800 Indian Creek Utility Easement - Exhibit A
❑ Hold Harmless 10.21.21 - EXECUTED
❑ Draft Reso
Page 402 of 1313
"EXHIBIT No
N SKETCH & DESCRIPTION
MD-WASD WATER EASEMENT
6800 INDIAN CREEK DR
�y = ABBREVIATIONS:
SEC. = Section
Z' (j = Centerline
W;
Property Location ® POC =Point Of Commencement
i I a POB = Point Of Beginning
W i POT = Point Of Termination
(D) = Deed Dimension
Lot 38 ;�I 1 W .
mlt, v (P) = Plat Dimension
® i (C) = Calculated Dimension
al Imo' E ORB = Official Records Book
PB = Plat Book
Lot 34 PG =Page
R/W = Right of Way
Ji Q This sketch does not represent a field
J Boundary Survey.
0i
E` 67TH STREET;
i
LOCATION MAP
A PORTION OF BLOCK S, (113111.28, PG.28)
A PORTION OF SECTION 1 i, TOWNSHIP 5s S, RANGE 42 E
MIAMI-DADE COUNTY, FLORIDA
SCALE - N.T.S
SURVEYOR'S NOTES:
THIS DESCRIPTION AND SKETCH TO ACCOMPANY LEGAL DESCRIPTION DOES NOT REPRESENT A SURVEY. NO TITLE
SEARCH HAS BEEN CONDUCTED BY NOR WAS A TITLE REPORT PROVIDED TO THE SURVEYOR. THERE MAY BE
EASEMENTS, RIGHTS OF WAY AND/OR OTHER ENCUMBRANCES AFFECTING THE EASEMENT AREA NOT DISCLOSED
HEREON THATA TITLE REPORT WOULD EVIDENCE.
BEARINGS ARE BASED ON AN ASSUMED MERIDIAN, WHERE THE EAST LINE OF LOT 35, BLOCK 3 OF AMENDED PLAT OF
SECOND OCEAN FRON SUBDIVISION, BEARS NORTH 29°49'49" WEST. ALL DISTANCES AS SHOWN ARE BASED ON THE
US SURVEY FOOT.
THE DESCRIPTION AND SKETCH IS BASED ON THE MIAMI-DADE COUNTY PROPERTY APPRAISER'S PROPERTY SEARCH
SUMMARY REPORT FOR TAX FOLIO NO. 02-3211-007-0970 AND THE SPECIAL WARRANTY DEED RECORDED IN OFFICIAL
RECORDS BOOK 28996 AT PAGE 3509, AS EVIDENCED THEREON.
THE MINIMUM VERTICAL CLEARANCE OF THIS EASEMENT IS 25.00 FEET ABOVE GROUND.
THE EASEMENT STRIP FORMS A CLOSED GEOMETRIC FIGURE.
THE INTENT OF THIS WATER EASEMENT IS TO ENCOMPASS THE RECENTLY INSTALLED WATER LINE AND RELATIVE
FACILITIES, AS SHOWN ON THE WATER AS -BUILT, PREPARED BY JOSEPH L. MARTIN, P.S.M. NUMBER 4368, STATE OF
FLORIDA.
FOLIO NO. 02-3211-007-0970
MIAMI—BEACH, FL 33141-3858
E.R. BROWNELL & ASSOC., INC.
CONSULTING ENGINEERS LAND SURVEYORS
4957 Southwest 74th Court Miami, Florida, 33155
305.860.3866 Certificate of Authorization No: LB 761
SK. No.: SM#4126
Draw By: AM
Date: 08/24/21
Page: 1 of 3
Job #: 58298
Scale: N.T.S
(MONACO YACHT CLUB)U!DWGIWATER & SEWER EASEMENiZOM MONACO WATER ARMWER?A'BEMUT' VM621.DWG
N SKETCH & DESCRIPTION
MD-WASD WATER EASEMENT
U) 6800 INDIAN CREEK DR
LEGAL DESCRIPTION:
MIAMI-DADE WATER AND SEWER DEPARTMENT WATER EASEMENT LYING OVER AND ACROSS A
PORTION OF LOT 35 IN BLOCK 3 OF AMENDED PLAT OF SECOND OCEAN FRONT SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 28 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 35; THENCE RUN NORTH 890 58' 07" WEST ALONG
THE SOUTH LINE OF SAID LOT 35 FOR A DISTANCE OF 40.36 FEET TO THE SOUTHEAST CORNER OF THAT
CERTAIN PARCEL AS DESCRIBED ON THE SPECIAL WARRANTY DEED, RECORDED IN OFFICIAL RECORD
BOOK 28996, PAGE 3509 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, THENCE RUN
NORTH 290 49' 49" WEST ALONG THE EASTERLY LINE OF THE LAST DESCRIBED PARCEL, THE SAME
BEING A LINE WHICH LIES 35 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF
SAID LOT 35 FOR A DISTANCE OF 4.16 FEET TO THE POINT OF BEGINNING OF SAID MIAMI-DADE WATER
AND SEWER DEPARTMENT WATER EASEMENT HEREINAFTER DESCRIBED; THENCE CONTINUE RUN
ALONG THE LAST DESCRIBED COURSE FOR A DISTANCE OF 6.91 FEET TO A POINT; THENCE RUN SOUTH
600 06'20" WEST FOR A DISTANCE OF 7.91 FEET TO A POINT; THENCE RUN SOUTH 290 49'24" EAST FOR A
DISTANCE OF 6.51 FEET TO A POINT LOCATED ON THE SOUTH LINE OF SAID LOT 35; THENCE RUN SOUTH
890 58'07" ALONG THE SOUTH LINE OF SAID LOT 35 FOR A DISTANCE OF 0.77 FEET TO A POINT; THENCE
RUN NORTH 600 10' 36" EAST FOR A DISTANCE OF 7.24 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT LYING AND BEING IN SECTION 11, TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI DADE
COUNTY AND SUBJECT TO DEDICATION OF RECORDS, CONDITIONS, RESTRICTIONS, EASEMENTS,
LIMITATIONS AND ZONING ORDINANCES, IF ANY.
MIAMI -BEACH, FL 33141-3858
E.RNBROWNELLSULTING R&ASSOC..INC.
S LAND SURVEYORS
4957 Southwest 74th Court Miami, Florida, 33155
SK. No.: SM#4126
Draw By: AM
Date: 08/24/21
305.860.3866 Certificate of Authorization No: LB 761
Page: 2 of 3
Job #: 58298
Scale: N.T.S
FILEQ:1PROJL58298&A (MONACO YACHT CLUB)l11DWG\WATER & SEWER EASEMEN7,58298 MONACO WA'TtR7M%tVIEFIEASLUENT"812Y2021.DWG
-100 0 so 100
1 inch = 100 ft. (IN FEET )
Lot 39
\ t
FOLIO: - -
02-3211-007-0970
A Portion of Lots
35, 36 and 37
AMENDED PLAT OF 2nd
OCEAN FRONT SUB.
.(PB 28, PG. 28)
SURVEYOR'S CERTIFICATION:
SKETCH & DESCRIPTION
MD-WASD WATER EASEMENT
6800 INDIAN CREEK DR
Lot 38
Lot 37 �p199g,
`O�Gy�91
asterly Line of Lot 35
00 y�o
Z py
p
OB
cp N29` 49' 49"W 4 16'
F �
S89° 58' OT'E 0.77'-
A� N60° 10' 36'E 7.24'—
SE Comer of that certain parce
As described in
(6RB.28996, PG.3509)
South Line of Lbt 3
DETAIL A
Lot 36\-'
- - Easterly Line of that certain
parcel As described in
— — — — — — — �%(ORB.28996, PG.3509)
�Q
Lot 35 asterly Line of Lot 35
p�
OB
� VV
SE Comer of Lot 35
L�N89_
58'07"W 40.36'
Lot 34 TAIL A
South Line of Lot 3 E Comer of that certain parcel
MD-WASD Easement As described in (ORB.28996, PG.3509)
THIS IS TO CERTIFY THAT THIS LEGAL DESCRIPTION AND THE ACCOMPANYING SKETCH WAS PREPARED UNDER MY
DIRECTION AND THAT IN MY PROFESSIONAL OPINION IS TRUE AND CORRECT. I FURTHER CERTIFY THATTHIS SKETCH
TO ACCOMPANY LEGAL DESCRIPTION MEETS THE INTENT OF THE APPLICABLE PROVISIONS OF THE STANDARDS OF
PRACTICE, ADOPTED BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO CHAPTER
472.027 FLORIDA STATUTES, AS SET FORTH IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE.
THIS SKETCH AND DESCRIPTION, CONSISTING OF 3 PAGES, SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE
UNLESS ATTACHED TO THE OTHERS AND HAS BEEN ELECTRONICALLY SIGNED AND SEALED BY THOMAS BROWNELL,
PROFESSIONAL LAND SURVEYOR # 2891, STATE OF FLORIDA USING A DIGITAL SIGNATURE AND DATE, ON SHEET 3 OF
3, PURSUANT TO CHAPTER 51-17, FLORIDA ADMINISTRATIVE CODE, UNDER SECTION 5J-17.062. THE "DIGITAL DATE" MAY NOT
REFLECT THE DATE OF SURVEY OR THE LATEST REVISION DATE. PRINTED COPIES OF THIS DOCUMENT ARE NOT
CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES.
E. R. BROWNELL S ASSOCIATES, INC.
Certificate of Authorization LB 7610
Dated: 08/24/2021 Digitally signed : ia??CE"SE'+`c`:
Thomas Brownell
Executive Vice President
Professional Land Surveyor #2891
Rtntp of Flnridn
by Thomas ?� j
No. 2891
Brownell s; r
Date: 2021.08.25 ss.. STATE OF
'11:33:54-04'00 X.�4'S�gyEvoQ,=
MIAMI -BEACH, FL 33141-3858
E.R. BROWNELL & ASSOC., INC.
CONSULTING ENGINEERS LAND SURVEYORS
4957 Southwest 74th Court Miami, Florida, 33155
305.860.3866 Certificate of Authorization No: LB 761
SK. No.: SM#4126
Draw By: AM
Date: 08/24/21
Page: 3 of 3
Job #: 58298
Scale: 1":100'
HOLD HARMLESS AGREEMENT
WHEREAS, 6800 INDIAN CREEK LLC (the "Applicant"), is the owner of the
property described herein and has applied for a building permits from the City of Miami
Beach for a multi -story mixed residential property at 6800 Indian Creek, in Miami Beach,
Florida, legally described as:
11 53 42 ATLANTIC HGTS CORR PLAT 9-14 LOTS 5,
AND 6 BLK G LOT SIZE10OX125 OR 19198-1737 07001
(the "Property"), and
WHEREAS, the Property is currently under construction pursuant to City of
Miami Beach (the "City") Building Permits: (combined as the "Permit'); and
WHEREAS, this Agreement is filed pursuant to the parameters of the Permit; and
WHEREAS, as part of the construction under the Permit required installation of
water lines and relative facilities for the Property which connect to City lines; and
WHEREAS, those water lines and relative facilities lie completely within private
property; and
WHEREAS, the City, from time to time, may require access onto the private
property to service water lines and/or facilities; and
WHEREAS, the Applicant has prepared an Utility Easement Agreement providing
the City with access onto the Property; and
WHEREAS, the Applicant is at a stage in construction wherein pending Permit
approvals are subject to the installation of a water meter from the City; and
WHEREAS, the City does not provide water meters to a property until such time
as a Utility Easement granting the City access unto to private property has been effectuated;
and
WHEREAS, the Utility Easement Agreement requires City Commission
approval, which may take several months; and
WHEREAS, the Applicant hereby submits it hold harmless agreement to the City,
approved as to form by the City Attorney, which confirms its agreement with the foregoing.
NOW, THEREFORE, in consideration of the above premises, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Applicant hereby agrees, on behalf of itself and the Owner of the Property, as follows:
Page 1 of 4
Page 406 of 1313
1. The above paragraphs are true and correct, agreed to by the Applicant;
and are incorporated herein by reference.
2. To indemnify and hold harmless and forever release and discharge the
City of Miami Beach, the Planning Department, and the City's officers,
employees, personnel and agents, from any and all liability, damages or
losses arising out of, or in connection with the City's consideration of
the issuance of the water meter in furtherance of the Permit, including
the costs of any suits, attorney's fees and other expenses in connection
therewith, including trial and appeals therefrom.
3. To defend the City with counsel of its own choosing, pay or settle any
liabilities and claims against the City of Miami Beach, the Department,
and the City's officers, employees, personnel and agents arising out of,
or in connection with, the placement of the water meter and in
furtherance of the Permit, due to its consideration or being acted upon
prior to final approval by the City Commission of the Utility Easement
Agreement.
4. That it affirmatively disclaims and waives all rights, if any, to hold the
City of Miami Beach, the Department, and the City's agencies, its
officers, employees, personnel and agents, to any liability, including
damages, caused in the event that placement of the water meter and in
furtherance of the Permit is delayed for any reason.
5. That it acknowledges that the acceptance of the City's decision to
proceed to provide the water meter and in furtherance of the Permit,
whether or not approval is granted, is a complete estoppel to it, and the
Applicant, their heirs, successors and assigns, as to any rights, real,
apparent or otherwise, that they may have to challenge the efficacy of
any conditions hereof.
6. The person signing below represents that he has authority to bind the
Applicant and Owner, as set forth herein.
IN WITNESS WHEREOF, the Applicant does hereunto set its hand and
seal on the year and date first above written.
[Signatures continued on following page]
Page 2 of 4
Page 407 of 1313
Applicant: 6800 INDIAN CREEK
October 20, 2021
MA HEW BARRY, MANAKY Date
STATE OF fv ft JCL- )
SS.
COUNTY OF W t h't t Dale)
The foregoing instrument was acknowledged before me by means of physical
presence or ❑ online notarization. on the X day of �in the year 1011 before
me, the undersigned, a Notary Public in and for said State, personally appeared
MATTHEW BARRY, personally known to me or proved to me on the basis of satisfactory
evidence to he the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on
the instrument. the individual, or the person upon behalf of which the individual acted,
executed the instru ent.
Nota I ublie. State of Florida at Large
My Commission Expires:
FAV Z+MID RAMLAW' M" -O"
►bury Pubiic • Sure of Fieride
cam"Sim r W. -1 38
My con'.. Eupires Se -P 20.2024
Bolded ttrc4D NOCA&I Naary+utn.
(Type, print or stamp name under signature)
Title or rank and serial numI r, it any)
[Signatures continued on allowing Pagel
Pare3of4
Page 408 of 1313
/:10006Ii/OR7
Public Works Director Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
Date
Page 4 of 4
Page 409 of 1313