2013-28209 Reso RESOLUTION NO. 2013-28209
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH; FLORIDA, APPROVING THE VACATION OF AN EXISTING
CITY UTILITY EASEMENT, LOCATED ON THE PRIVATE RESIDENTIAL
PROPERTY AT 118 WEST DILIDO DRIVE (THE PROPERTY), AND
ACCEPTING A NEW UTILITY EASEMENT FROM MARY CARPENTER, THE
OWNER OF THE PROPERTY, FOR THE CONSTRUCTION, INSTALLATION,
MAINTENANCE, REPAIR, AND REPLACEMENT OF A NEW FIFTEEN-INCH
(15") STORMWATER OUTFACE PIPE.
WHEREAS, the City currently has an 8-inch (8") diameter stormwater outfall pipe
occupying a 5-foot (5) wide easement under a portion of the private residential property located
at 118 West Dilido Drive (the Property); and
WHEREAS, Mary Carpenter, the owner of the Property, is proposing to demolish the
existing house to construct a new house, and to reconstruct the seawall; and
WHEREAS, the Property owner has been meeting with City staff, and has proposed
relocating the existing City utility easement to the edge of the Property, where the proposed new
15-inch diameter stormwater pipe can be installed; and
WHEREAS, the new 15-inch outfall pipe will have greater drainage capacity for
improved stormwater management, and will include a check valve to prevent street flooding due
to high tides; and
WHEREAS, City staff has reviewed the Property owner's request and believes that the
abandonment of the existing easement, concurrent with the Property owner granting the City a
new easement for the installation and maintenance of the proposed 15-inch stormwater outfall
pipe, would be in the best interest of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the vacation of an existing City utility easement, located on the
private residential property at 118 West Dilido Drive (the Property), and accepting a new utility
easement from Mary Carpenter, the owner of the Property, for the construction, installation,
maintenance, repair, and replacement of a new fifteen-inch (15") stormwater outfall pipe.
PASSED AND ADOPTED this 8th day of May, 2013.
ATTEST:
tj'.He rera Bower, Mayor
Rafael Granado, City Clerk
:INCORP ORATED:
.`C
91Cf `, �
City A Date
ttor APPROVED AS TO
FORM &LANGUAGE
T:WGENDM2013\May 8\118 West Dilido Drive Easement Reso.docx &FOR Cttorney
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Vacating An
Existing Utility Easement And Accepting A New Utility Easement From Mary Carpenter, The Property
Owner Of 118 West Dilido Drive, For The Construction, Installation, Maintenance, Repair, And
Replacement Of City Utilities.
Key Intended Outcome Supported:
Improve storm drainage citywide
Supporting Data (Surveys, Environmental Scan, etc.):
The Customer Satisfaction Survey indicated that only 44%of residents and 45%of businesses rated stor
drainage as excellent or good.
Item Summa /Recommendation:
The City has an 8-inch diameter stormwater pipe occupying a 5-foot wide easement at 118 West Dilido
Drive. Mary Carpenter, the owner of the property, is proposing to demolish the existing home on the site,
construct a new single-family house,and rebuild the seawall at elevation 3.2 feet.The existing stormwater
pipe and easement are in the northeastern and the northern portions of the property.
The owner has proposed to relocate the easement to the edge of the property,to construct a new 15-inch
diameter pipe to City of Miami Beach standard, and to provide a wider easement. All design, permitting,
and construction costs will be borne by the owner.
Staff has reviewed this request and believes that it is a benefit to the City. In exchange for abandoning an
undersized, aged pipe and vacating an easement that is too small to provide easy access, the City will
receive a new, larger diameter pipe in a wider easement.The new pipe will have greater drainage capacity
helping meet the requirements of the Stormwater Management Master Plan and will include a check valve
to prevent high tides from flooding the street.The wider easement will provide for better access to maintain,
replace, and repair the pipe.
The Administration recommends adopting the Resolution.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account Approved
Funds: 1
2
3
4
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Richard Saltrick, Public Works X6565
Sign-Offs.
Department D' for nt City Manager City Manager
KGB JLM
T:\AGENDA\20131May 8\118 West Dilido Drive Easement Sum.doc
MIAMIBEACH AGENDA ITEM C7 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 Me bers of e City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 8, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA,VACATING AN EXISTING UTILITY EASEMENT AND ACCEPTING A
NEW UTILITY EASEMENT FROM MARY CARPENTER,THE PROPERTY OWNER OF
118 WEST DILIDO DRIVE, FOR THE CONSTRUCTION, INSTALLATION,
MAINTENANCE, REPAIR, AND REPLACEMENT OF CITY UTILITIES.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the resolution
BACKGROUND
The City has an 8-inch diameter stormwater pipe occupying a 5-foot wide easement at 118 West
Dilido Drive. Mary Carpenter, the owner of the property, is proposing to demolish the existing home
on the site, construct a new single-family house, and rebuilding the seawall at elevation 3.2 feet.
The existing stormwater pipe and easement are in the northeastern and the northern portions of the
property (Attachment A).
The owner has proposed to relocate the easement to the edge of the property, to construct a new
15-inch diameter pipe to City of Miami Beach standard, and to provide a wider easement
(Attachment B). All design, permitting, and construction costs will be borne by the owner.
ANALYSIS
Staff has reviewed this request and believes that it is a benefit to the City. In exchange for
abandoning an undersized, aged pipe and vacating an easement that is too small to provide easy
access, the City will receive a new, larger diameter pipe in a wider easement. The new pipe will
have greater drainage capacity helping meet the requirements of the Stormwater Management
Master Plan and will include a check valve to prevent high tides from flooding the street. The wider
easement will provide for better access to maintain, replace, and repair the pipe.
Staff has worked with the architect for the owner to obtain as large an easement as possible without
impacting the proposed construction.As a result,the proposed easement narrows over the final 30,
feet to avoid interfering with the footers of the proposed construction.
City Commission Memorandum-Easement at 118 W Dilido Drive
May 8,'2013
Page 2 of 2
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the resolution.
Attachment:
A. Legal Description of the Existing Easement
B. Sketch and Legal Description of the Proposed Easement
J
T:\AGENDA\2013\May 8\118 West Dilido Drive Easement Memo.doc
Attachment—A
ao%21.i1) PAuE546
KNOW ALL MEN BY THESE PRESENTS, That we, in considera-
tion of the benefits accruing to us by reason of convenient access
and a lesser cost of the construction of sewers and the desirability
of having the things hereinafter specified placed in the locations
noted. below, and in consideration of $1.00, receipt of which is here-
by acknowledged, do hereby give and grant unto the City of Miami
Beach, Florida, .its-'successori and assigns and its grantees operating
public-utilities, the perpetual right and easement to lay and main-
tain sewers, underground,) in the following describe property:
The nort, erly five �5) feet of Lot Three (3),
Block Taro (2), DiLJ.do s ,,D3r Plat recorded
in Plat Book Eight (83, -�T P =• - (36)-
of the Public Records of Dade County., i'lorida",
INWITNESS WHEREOF, we have hereunto set our and
"seals� �unty of State of /
thie,/Z __ y .Of A.D. 1941.
� � EAL)
(SEAL)
(SEAL)
(s��i)
ACCEPTED FOR A11D ON BEHALF OF THE CITY OF Y1LU111I BEACH,
FLORIDA, on this the 5th day of June, A, D., 1941.
.; �,�. •.;1! `_`---- ��
mayor :
TIM
ATTE
i Clerk
t U 1�
Y
i?oir!4_1�� PA-r
STATE OF FLORIDA
ss
COUNTY OF DADE
I HEREBY CERTIFY that on this day personally
appeared before me, an officer duly ,authorized to administer oaths
and take acknowledgments [�!��SL. o .
and ( , to me well known and known to me
to be the individuals described in the foregoing instrument, and who
executed the same freely and voluntarily and for the purposes therein
expressed. ;
AND I FURTHER CERTIFY that the said
known to me to be the wife of the said �d � b'n a separate
and private examination taken and made by me and before me, separately
and apart from her husband, did acknowledge that she made herself a
party to the said instrument for the purpose of renouncing, relinquishingr
and conveying all her right, title and interest, whether of dower,
homestead or of separate property, statutory or equitable, in and to
the lands described therein, and that she executed the same freely and
voluntarily and without any compulsion, constraint, apprehension or fear
of or from her said husband.
WITNESS my hand and official seal at `
State of day of 1�.D. 1941.
Notary Public
Mari-" `5s on expires:/9'-e
State of Florida, County of Dade.
This instrument was filed for record the.. , ay of .�
19411 at9-zSA.M and duly recorded i .
Bvok.,9/,9d..on Page..J` (O(....File No.
E. B.LEATHERMAN,
�CLERK CIRCUIT COURT
AY ln{lt.h4(. .....D.C.
Attachment — B
LEGAL DESCRIPTION:
A portion of Lot 4, Block 2, PLAT OF DI LIDO AN ISLAND IN BISCAYNE BAY, according to the plat thereof as
recorded in Plat Book 8, Page 36 of the public records of Miami—Dade County, Florida being more
particularly described as follows:
Commence at the Northeast corner of said Lot 4 also being a, point on the Westerly right of way line of
West Di Lido Drive; thence S 00'00'00" E along said West right of way line and East line of said Lot 4 for
42.06 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue along said
East Line of Lot 4 and said West Right of way line for 14.65 feet; thence N 43'03'24" W for 61.87 feet;
thence N 90'00'00" W along a line 11.50 feet South of and parallel with the North line of said Lot 4 for
110.76 feet; thence N 00'00'00" E along a line 30.00 feet East of and parallel with the West line of said
Lot, 4 for 2.50 feet; thence N 90'00'00" W along a line 9.00 %.et 5outh of and parallel with the North line
OT -,yid Lot 4 for 30.00 feet to a point on said West line; thenc;: N 00'00'00"'E ninny) said West line for
7.50 feet; thence S 90'00'00" E along a line 1.50 feet South of and parallel with the North line of said Lot
4 for 145.10 feet; thence S 43'03'24' E for 55.51 feet to the Point of Beginning.
SURVEYOR'S NOTES:
— This site lies in Section 33, Township 53 South, Range 42 East, City of Miami Beach, Miami—Dade
County, Florida.
— Bearings hereon are referred to an assumed value of S00'00'00"E for the West right of way line of
Di Lido Drive.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Survey prepared by MIGUEL ESPINOSA LAND SURVEYING INC.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on April 16, 2013,
and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section
472.027, Florida Statutes.
"Not valid without the signature and the original raised
seal of a Florida Licensed Surveyor and Mapper"
4C.Forti KILES, INC., LB36M t' ;•.•
V f-I 'c J
e
Surveyor and Mapper,LS2853
State of Florida.
Drawn By REp Legal Description, Notes and Certification Daw April 16, 2013
Cad.No.130473 sic None
F®RuN, LEAVY, S FILES, INC.
Ref.Dwg. 3012-035 CONSULTING ENGINEERS,SURVEYORS&MAPPERS lob.No. 130473
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034
180 Northeast 168th Street/North Miami Beach,Florida 33162
Plotted: 4/16/2013 1:21 PM Phone 305-653-4493/Fax 305-651-7152/Email fls @flssurvey.com Sheet 1 of 3
, 1
RIVO ALTO
ISLAND
SAN MARINO '
ISLAND
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a GRAPHIC$
1r 1
L T 3 ! —�—f- 0 200 400% d0
Lo
LO't� `GI-TERRACE....:�— IN FEET
r-1-�--� �_ 1 inch = 400 k.,:.
'Drawn REP Location Sketch Date April 16, 2013
C"Ia•NO-130473 F ORTIN LEAVY S KILES, INC. Scale 1" = 400'
Ref D,vg, 3012-035 CONSULTING ENGINEERS, SURVEYORS&MAPPERS Job.NO' 130473
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.N0. 1013-034
180 Northeast 168th Street/North Miami Beach,Florida 33162
Plotted: 4/16/2013 1:21 PM phone 305-65311493/Fax 305-651-7152/Email flsgflssurvey.com Sheet 2 Of 3
I
i I I I
= 1 I 1
i1 I 1
Lot 6,Block 2
= 1 I 1
1 I 1
i
i
------------
------------- -------------------------------------------
r POINT OF
lois'B"todce 2J COMMENCEMENT Z' '
f Northeast Corner of Lot 4,
i
Lot 5,Block 2 Block 2 PLAT OF DI LIDO w
f AN ISLAND IN
BISCAYNE BAY
FLAT BOOKS,PAGE 36
' North line of
Lot 4,Bloch 2
- 1 27.5' 1
N00°00'00"E j � °' S90°00'00"E 145.10' - 27.5'.. -
7.50' b------------- --
BISCAYNE i �O-'O 110.76' s �a East U of
BAY `rr•try $ o Lot 4, Block 2 ;
I N90°00'00"w ° O
2.50' Lot 4,Block 2 ��° g
West line of 30.00'. 0 00, 'D
Lot 4.Block 2 POIN OF p ;
soutn line of S0o°0o'00•E BEGI NING
Lot 4,Block 2
----------------- -------- -----------------------------14= ,------- ?'
i North line off ;
W f
t Ri ht o
Lot 3,Block 2 Way esLine f West
Di Lido 11rive
1 27.5' I 27.5' 1
Lot 3,Block 2
i
i
South line of
N Lot 3,Block 2
r ---------------------------//////----------------------------------------
i 1
i Lot 2,Bkbck z
GRAPHIC SCALE
i 0 20 40 a0
( IN FEET )
1 inch = 40 [t �
I)M 'By REP SKETCH OF DESCRIPTION Date April 16, 2013
Cad.No.130473 F ORTIN, LEAVY, S KILES, INC. Scale 1" = 40'
Ref.Dwg. lob.No. 130473
3012-035 CONSULTING ENGINEERS, SURVEYORS&MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Ng,No. 1013-034
180 Northeast 168th Street/North Miami Beach,Florida 33162
Plowed: 4/16/2013 1:21 PM Phone 305-653-4493/Fax 305-651-7152/Email f1s@flssurvey.com Sheet 3 of 3