2013-28136 Reso RESOLUTION NO. 2013 -28136
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING AN AMENDED AND RESTATED
GRANT OF EASEMENT FROM LA GORCE COUNTRY CLUB, INC., AS SET
FORTH IN RESOLUTION NUMBER 2009 -26995 FOR THE CONSTRUCTION,
INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF CITY
UTILITIES.
WHEREAS, La Gorce County Club (Grantor) and the City were parties to a lawsuit
entitled Frank Otero and Jeffrey Gibbs vs. City of Miam Beach, La Gorce County Club and DM
Fence Corp; and
WHEREAS, the settlement agreement to that lawsuit provided for the Grantor, as more
particularly set forth in City of Miami Beach Resolution Number 2009 - 26995, approved January
28, 2009, to partially vacate West 57 Street, easterly of Alton Road and reserve to the City a
perpetual easement for utilities; and
WHEREAS, Grantor granted the City an easement dated March 18, 2009, recorded
March 20, 2009, in Official Records Book 26795, at Page 4130 of the Public Records of Miami -
Dade County, Florida; and
WHEREAS, the intent of the easement was for the operation and maintenance of
utilities; and
WHEREAS, the easement is approximately 2,321 square feet; and
WHEREAS, Grantor and the City have determined that the easement area is insufficient;
therefore, should be amended to include additional area; and
WHEREAS, for good and valuable consideration, Grantor has agreed to grant the City
an amended and restated non - exclusive easement for the operation and maintenance of its
utilities; and
WHEREAS, the additional easement area is approximately 636 square feet.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby,
accept an amended and restated Grant of Easement from La Gorce Country Club, Inc., as
attached to the Commission Memorandum, for the construction, installation, maintenance,
repair, and replacement of City utilities.
PASSED AND ADOPTED this 6 ` e,bruary, 2013.
ATTEST:
e .era ower, Mayor
Rafael Cit Clerk ED
ranado INCORF�I F ORA =
-_ I �
APPROVED AS TO FORM AND '
E AND F R EXECUTION
� Y -
T:\AGENDA\2013 \February 6 \La Gorce Amended and Restated Grant of Easement - RESO rev.docx
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting An
Amended And Restated Grant Of Easement From La Gorce Country Club, Inc. As Set Forth In
Resolution Number 2009 -26995 For The Construction, Installation, Maintenance, Repair, And
Replacement Of City Utilities.
Key Intended Outcome Supported:
Maintain City's infrastructure
Supporting Data (Surveys, Environmental Scan, etc.):
The Customer Satisfaction Survey indicated that 60% of residents rated utility pipes in good condition
Item Summa /Recommendation:
On January 28, 2009, the Miami Beach City Commission unanimously passed its Resolution No.
2009 -26995 approving and accepting a Settlement Agreement in Frank Otero and Jeffrey Gibbs vs.
City of Miami Beach, La Gorce Country Club and DM Fence CorC 11 Jud. Cir. Ct., Case No.: 05-
17754 CA 30; this lawsuit was filed by two lot owners abutting the La Gorce Country Club who sought
various forms of relief including a declaration of boundary /title with regard to the street -ends running
perpendicular to the boundaries of the La Gorce Golf Course, said street -ends bordering easterly of
Alton Road and located at West 52 Street, West 53 Street, West 54 Street, West 56 Street, West
57 Street, West 58 Street, West 59 Street, and West 60 Street, as well as those street -ends
bordering westerly on La Gorce Drive and located at West 58 Street, West 59 Street, West 60
Street and West 61 Street. The Settlement Agreement provided for La Gorce Country Club to
partially vacate West 57 Street easterly of Alton Road and reserve to the City a perpetual easement
for utilities.
The City and La Gorce Country Club determined that the easement was insufficient and not conducive
to access for maintenance of a sanitary sewer. Thus, the City and La Gorce Country Club agreed to
amend the easement area. The amended easement will consist of the original easement area, which
is approximately 2,321 square feet, and additional easement areas, which is approximately 636
square feet
The amended easement will benefit the City by facilitating access to its buried assets within the limits
of said easement. For the consideration of ten dollars ($10.00), Grantor has agreed to execute this
amended and restated grant of easement.
THE CITY ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account Approved
Funds: I
2
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
FHB /RWS, Public Works 6565
Sign-Offs.
Department Director Assistant City nager City Mana e
FHB JGG KGB
T:WGENDA\2013 \Fe ruary 6 \La Gorce Amended and Restated Grant of Easement - SUMMARY.docx
MIA MIBEACH
AGENDA ITEM � 7 r
DATE _ '
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of t City Commission
FROM: Kathie Brooks, City Manager
DATE: February 6, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING AN AMENDED AND RESTATED GRANT
OF EASEMENT FROM LA GORCE COUNTRY CLUB, INC. AS SET FORTH IN
RESOLUTION NUMBER 2009 -26995 FOR THE CONSTRUCTION, INSTALLATION,
MAINTENANCE, REPAIR, AND REPLACEMENT OF CITY UTILITIES.
ADMINISTRATION RECOMMENDATION
The City Administration recommends approval of the Resolution.
BACKGROUND
On January 28, 2009, the Miami Beach City Commission unanimously passed its Resolution
No. 2009 -26995 approving and accepting a Settlement Agreement in Frank Otero and Jeffrey
Gibbs vs. City of Miami Beach, La Gorce Country Club and DM Fence Corp. 11 Jud. Cir. Ct.,
Case No.: 05 -17754 CA 30; this lawsuit was filed by two owners of lots abutting the La Gorce
Country Club who sought various forms of relief including a declaration of boundary /title with
regard to the street -ends running perpendicular to the boundaries of the La Gorce Golf Course,
said street -ends bordering easterly of Alton Road and located at West 52n Street, West 53
Street, West 54 Street, West 56 Street, West 57 Street, West 58 Street, West 59 Street,
and West 60 Street, as well as those street -ends bordering westerly on La Gorce Drive and
located at West 58 Street, West 59 Street, West 60th Street and West 61S Street. The
Settlement Agreement provided for La Gorce Country Club to partially vacate West 57 Street
easterly of Alton Road and reserve to the City a perpetual easement for utilities.
ANALYSIS
The City and La Gorce Country Club determined that the easement was insufficient and not
conducive to access for maintenance of a sanitary sewer. Thus, the City and La Gorce Country
Club agreed to amend the easement area. The amended easement will consist of the original
easement area, which is approximately 2321 square feet (Exhibit A), and additional easement
areas (Exhibit B), which is approximately 636 square feet.
The amended easement will benefit the City by facilitating access to its buried assets within the
limits of said easement. For the consideration of ten dollars ($10.00), Grantor has agreed to
execute this amended and restated grant of easement.
City Commission Memorandum
La Gorce Country Club - Amended Easement
February 6, 2013
Page 2 of 2
CONCLUSION
The City Administration recommends approval of the Resolution.
Attachment:
A. Exhibit "A" Easement Area (Existing)
B. Exhibit "B" Additional Easement Areas (Proposed)
JGG /FHB /JJF /RWS /DEF
T:\AGENDA\2013 \February 6 \La Gorce Amended and Restated Grant of Easement - MEMO.docx
420'3- a913,(o
RECORDED 03/27/2013-09."45-23
HARVEY RUVINY CLERK OF COURT
DOCUMENT COVER PAGE iIAII° G'tC�E r_:a�ir:rp FLORIDA
For those documents not providing the required
space on the first page, this cover page must be attached.
i
It must describe the document in sufficient detail to
prohibit its transference to another document.
An additional recording fee for this page must be remitted.
{Space above this line reserved for recording office use)
Document Title: 1
(Mortgage; Deed, Construction Lien, Etc.)
mecutiug Party:
Legal Description:
(If Applicable)
As more fully described in above described document.
Return Document To / Prepared By:
cou
C-LSR CO
G
U w
q��`-it] GOD wE TR USS
F.S. 695 .26 Req for recording instruments affecting real property— °- �Q�cou�
(Relevant excerpts of statute)
(1) No instrument by which the title to real property or any interest therein is
conveyed, assigned, encumbered, or otherwise disposed of shall be recorded by the
clerk of the circuit court unless:
(e) A 3 -inch by 3 -inch space at the top right -hand corner on the first page
and a 1 -inch by 3 -inch space at the top right -hand corner on each subsequent page
are reserved for use by the clerk of the court...
CLK/CT 155 Rev. 04111
RESOLUTION NO.; 2013 -28136
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING AN AMENDED AND RESTATED
GRANT OF EASEMENT FROM LA GORCE COUNTRY CLUB, INC.; AS SET
FORTH IN RESOLUTION NUMBER 2009 -26995 FOR THE .CONSTRUCTION,
INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF CITY
UTILITIES.
WHEREAS, La Gorce County Club (Grantor) and the City were parties to a lawsuit
entitled Frank Otero and Jeffrey Gibbs vs. City of Miam Beach, La Gorce County Club and DM
Fence Corp; and
WHEREAS, the settlement agreement to that lawsuit provided for the Grantor, as more
particularly set forth in City of Miami Beach Resolution Number 2009 - 26995, approved January
28, 2009, to partially vacate West 57 Street, easterly of Alton Road and reserve to the City a
perpetual easement for utilities; and
WHEREAS, Grantor granted the City an easement dated March 18, 2009, recorded
March 20, 2009, in Official Records Book 26795, at Page 4130 of the Public Records of Miami-
Dade County, Florida; and
WHEREAS, the intent of the easement was for the operation and maintenance of
utilities; and
WHEREAS, the easement is approximately 2,321 square feet; and
WHEREAS, Grantor and the City have determined that the easement area is insufficient;
therefore, should be amended to include additional area; and
WHEREAS, for good and valuable consideration, Grantor has agreed to grant-the City
an amended and \ restated non - exclusive easement for the operation and maintenance of its..
utilities; and
WHEREAS, the additional easement area is approximately 636 square feet. .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby,
accept an amended and restated Grant of Easement from La Gorce Country Club, Inc., as
attached to the Commission Memorandum, for the construction, installation, maintenance,
repair, and replacement of City utilities.
j
PASSED AND ADOPTED this 6 bruary, 2013. 1
ATTEST:
tti e era ower, Mayor .
Rafael Iranado,
Ci y Clerk :INCORP ORq ED
APPROVED AS TO FORM AND ��'•, �� '
E AND F R EXECUTION
..?* "� ♦o tl 3 J " L.- E
it gv ey, Da e
T:W6ENDA\2013 \February 6 \La Gorce Amended and Restated Grant of Easement - RESO rev.docx
• A . - -
- ttachment A
Z'Jo A_ Cam' 'Qj P N Y' L EROA L Dx --n t�P'7i'J5! �N : U for
LA GORCE COUNTRY CLUB, Inc.
z EXHIBIT "B"
K G Z
\_: r o c+ F
Ir
IV
SCALE / / c �� p c :. /'' \ "= \<"
or �pc,,e�. "moo.
..... 0�.� J�
00 -- �N, � °�l/ �off\
GG L? kp 9ti G S5 . \ (Y �` /' i �P G
G
\G`�
\
�!� 6 � e'� k Al
k.
°\G
F 5
t
� L,�y�, o Sod l 1k%
� LEGEND
/ PG. = PAGE "
- --'" --" � P.O.C. = POINT OF COMMENCEMENT SEC. = SECTION
' o. _ �p� P.O.B. = POINT OF BEGINNING R -O.W, = RIGHT OF WAY
\ \ P.O.T. = POINT OF TERMINATION R = RADIUS
P.C. = POINT OF CURVATURE p = CENTRAL ANGLE
P.T. = POINT OF TANGENCY L = ARC LENGTH
LEGAL DESCRIPTION: PB = PLAT BOOK
TAN = TANGENT
10' UTILITY EASEMENT No. 3
A portion of Lot 1, Block 11 and a portion of Lot 9, Block 9 and a portion of a 25 foot strip of land lying between the Northeasterly
Line of said lots and the Southwesterly Line of La Gorce Golf Course and between the Northwesterly prolongation of the Northeasterly Line
of. said lot 1, Block 11 and the Southeasterly prolongation of the Northeasterly Line of said Lot 9, Block 9 and the Southwesterly Line of
La Gorce- Golf Course, of "LAGORCE GOLF SUBDIVISION ", according to the plat thereof, as recorded in Plat Book 14, at Page 43 of the
Public Records of Miami —Dade County, being more particularly described as follows:
BEGIN at the Northeasterly Corner of said Lot 9, Block 9; thence N57'55'18 "E along the Northeasterly prolongation of the Northwesterly
Line of said Lot 9, Block 9, for 5.00 feet; thence S32'36 "E for 95.80 feet to a point on the Northeasterly prolongation of the
centerline of West 57th Street; thence S32'35'53 "E for 166.43 feet to a point on the Northeasterly prolongation of the Southeasterly Line
of said Lot 1, Block 11; thence S57'24'07 "W along said Northeasterly prolongation of the - Southeasterly. Line of said Lot 1, Block 11 for
10.00 feet; thence N32'35'53 "W along a line parallel with and 5.00 feet Southwesterly of the Northeasterly Line of said Lot 1, Block 11 .
for 136.43 feet to a point of the Northwesterly Line of said Lot 1, Block 11; thence N57'23'50 "E along said Northwesterly Line of said Lot
1, Block 11 for 5.00 'feet to the Northeasterly Corner of said Lot 1, Block 11; thence N32 "W along the Northwesterly prolongation of
the Northeasterly Line of said lot 1, Block 11 for 30.00 feet; thence N32 "W along the Southeasterly prolongation of the
Northeasterly Line of said Lot 9, Block 9 for 30.00 feet to' the Southeasterly Corner of said Lot 9, Block 9; thence S57'23'50 "W along
the Southeasterly Line of said Lot 9, Block 9. for 5.00 feet; thence N32'36'36 "W along a line parallel with and 5.00 feet Southwesterly of
the Northeasterly Line of said Lot 9, Block 9 for 65.72 feet to a" point on the Northwesterly Line of said Lot 9, Block 9; thence
N57'55'18 "E along said Northwesterly Line of said Lot 9, Block 9 for 5.00 feet to the Point of Beginning.
Containing 2,321 Square Feet, more or less, by calculations. JOb "NO. 1 1321
f Two (2) Pages Page 1 of 2 NOTICE: Not full and complete without all pages. Total o ^
1 pJ Z: \11321 5679 Alton Road Lo Gorce Country Club \dwg \Sketch and Legoi \11321 Sketch —Legal 57 St RW 07- 25- 12.dwg 7/25/2012 8:37:35 AM EDT C9)
e \ e
Attachment B
for
LA GORCE COUNTRY CLUB, I:
EXHIBIT " \�
LEGEND
P.O.C. POINT OF COMMENCEMENT 0 20 40 /
P, 0. B. = POINT OF BEGINNING = ` \ \� / o p`i` S \ \
P.O.T. = POINT OF TERMINATION \ \ \q S -P 9q
P.C. = POINT OF CURVATURE O SCALE / /X
�j P.T. _- POINT OF TANGENCY Z 1 = 40 . �/� / \ � ? �y ��
PB. = PLAT BOOK
PG. =PAGE
F o r T,�� ? mss t�ra v SEC. = SECTION y s `r .
R.O.W. = RIGHT OF WAY 9• G•, ( y °�' / c _ \ l o r y
R = RADIUS & 4563
/O Q F.p EP " rn \ o\ o
CENTRAL ANGLE' < /0• Qom" �i v
L =ARC LENGTH / �E / / Q��a� ,Q ,> �OG���J� 0 '� \�\ ✓ a
'. TAN = TANGENT 1 / ' g�i 5 "� `OK lQ� 0�' �v0 p 3l Q �J�( \ yg \ ° • //�
do N
.:..C� Nil mod c9 �
;W y 9 '
?
/ o. 60 0\ �
\ o\OP a R J �� �3F \\
G �
ti,, p� ` FP e� /J�F
i�oy%9'P�;�l. '� l`r, (jp lQ • 50J V� �.Q /,�fL�pG �'
y
�� .1. X5
V � ° \ SECTION 15 - TOWNSHIP 53 SOUTH - RANGE 42 EAST
/ CITY OF MIAMI BEACH, MIAMI -DADE COUNTY, FLORIDA
LEGAL DESCRIPTION:
�o 10' UTILITY EASEMENT No. 1
• \ \\ bo o
A portion of Lot 9, Block 9 and a portion of a 25 foot strip of land lying between
the Northeasterly Line of said Lot 9, Block 9 and the Southwesterly Line of La Gorce
Golf Course, of "LAGORCE GOLF SUBDIVISION ", according to the plat thereof, as
/ orded in Plat Book 14, at Page 43 of the Public Records of Miami —Dade County,
ST E O
C0R'DA CO UNTY Mfr � O C more particularly described as follows:
IH E CERTIFY that thi ft0 CE at the Southeasterly Corner of said Lot 9, Block 9; thence S57'23'50 "W
orig I f d A n 8yo Ion "t a Southwesterly Line of said Lot 9, Block 9, for 6.13 feet to the POINT OF
GI N G of a 10 Foot Wide Utility Easement, lying 5 feet on each side of the
WI ESS my ha and i al Se_ wcaoowa described centerline (shortening or extending the side lines thereof, so as to
vF( RUUIN, C 1 a continuous strip of land); thence N22 "W for 34.43 feet to a point on
HA C QOUNiV ortheasterly Line of said Lot 9; Block 9; said point also being the Point of
BY erminaLion of a 10 Foot Wide Utility Easement.
LEGAL DESCRIPTION: Containing 344 Square Feet, more or less, by calculations.
10' UTILITY EASEMENT
A portion of Lot 1, Block 11 and a portion of a 25 foot strip of land lying between the Northeasterly Line of said Lot 1, Block 11 and
the .Southwesterly Line of Lo Gorce Golf Course, of "LAGORCE GOLF SUBDIVISION ", according to the plat thereof, as. recorded in Plat Book `
14, at Page 43 of the Public Records- of Miami —Dade County, being more particularly described as follows: .
COMMENCE at 'the Northeasterly Corner of said. Lot 1, Block 11; thence S57'23'50 "W along the Northwesterly Line of said Lot.1, Block 11,
for 9.70 feet to the POINT OF BEGINNING of 'a 10 Foot Wide Utility Easement, lying 5 feet on each side of the following described
centerline (shortening or extending the side lines thereof, so as to create a continuous strip of land); thence S51'58'13 "E for 29.24 feet
to a point on' the Northeasterly Line of said Lot 1, Block 11; said point also being the Point_ of Termination of a 10 Foot Wide Utility
Easement.
Containing 292 Square Feet, more or less, by calculations. Job NO. 11 321
NOTICE: Not full and complete without all pages. Total of Two (2) Pages Page 1 of 2 ^
�Z :\11321 5679 Alton Road La Gorce Country Club \dwg \Sketch and Legal \11321 Sketch —Legal 57 St RW 07- 25- 12.dwg 7/25/2012 8:37:35 AM EDT C9) •
•