2013-28321 Reso RESOLUTION NO, 2013-28321
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 A PERPETUAL EASEMENT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION WITH REGARD TO A 217.2
SQUARE FOOT PARCEL ON THE WEST SIDE OF INDIAN CREEK DRIVE AND
NORTH OF 26TH STREET FOR A PROPOSED STORMWATER OUTFALL ON
INDIAN CREEK DRIVE (SR A1A).
WHEREAS, FDOT is seeking to improve the stormwater system including a drainage
outfall along Indian Creek Drive; and
WHEREAS, in order to obtain access to the waterway, a 217.2 square foot parcel
easement is essential, located on the west side of Indian Creek Drive and north of 26th Street;
and
WHEREAS, as part of the outfall installation, FDOT is planning to perform repairs to a
concrete seawall, and perform future maintenance of this item; and
WHEREAS, the proposed FDOT new outfall stormwater pipe and drainage
improvements will require execution of a Perpetual Easement Agreement in order to allow
FDOT to construct and maintain the stormwater and seawall improvements on the west side of
Indian Creek Drive and north of 26th Street.
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 a Perpetual
Easement Agreement with the Florida Department of Transportation with regard to a 217.2
square foot parcel on the west side of Indian Creek Drive and north of 26th Street for a proposed
stormwater outfall on Indian Creek Drive (SR A1A).
PASSED AND ADOPTED this 11th day of September, 2013.
ATTEST: i
' Matti Herrera Bower, Mayor
Rafael Granado, City
.I �
�CORP Or;q r =
J pV7: Cr �•��f APPROVED AS TO
' �.,.-. FORIM & LANGUAGE
& F EX
6 CUT�0�1
��
i
C! TTORNEY. DATE
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute A Perpetual Easement Agreement With The Florida
Department Of Transportation For A Proposed Stormwater Outfall On Indian Creek Drive SR A1A .
Key Intended Outcome Supported:
Maintain the City's infrastructure
A recent survey indicated that 44%of residents and 45%of businesses rated storm drainage as excellent
or good.
Item Summa /Recommendation:
A storm water outfall form Indian Creek Drive just north of 26th St. is not operational. The Florida
Department of Transportation (FDOT) plans on replacing the outfall pipe and requires a perpetual
easement for construction and maintenance.
ANALYSIS
The FDOT is seeking to improve the stormwater system along Indian Creek Drive. They have identified
the need for an outfall and in order to obtain access to the waterway, FDOT is requesting a perpetual
easement to install and maintain a storm water outfall pipe, located on the west side of Indian Creek Drive
and north of 26th Street.
The proposed FDOT stormwater outfall pipe and drainage improvements will require execution of a
Perpetual Easement Agreement. The Perpetual Easement Agreement will allow FDOT to construct and
maintain the stormwater and seawall improvements on Indian Creek Drive, north of 26'h St., in a parcel
217.2 square feet in area.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary: This is a future FDOT Project(FY 14/15)
City Clerk's Office Legislative Tracking:
Douglas Seaman, Acting City Engineer, x. 6565
Sign-Offs:
Department Director Assi tant City Manager City,Manager
ETC MT J LM
TAAGENDA\2013\September 11\Perpetual Easement eek Dr.North of 26th St.Summary.doc
AGENDA ITEM C 70
MIAMIBEACH
/ATE
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 M mbers of a City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 11, 2013
SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APP OVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A PERPETUAL EASEMENT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PROPOSED
STORMWATER OUTFALL ON INDIAN CREEK DRIVE (SR Al A).
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND
A storm water outfall from Indian Creek Drive just north of 26th Street is not operational. The
Florida Department of Transportation (FDOT) plans on replacing the outfall pipe and requires a
perpetual easement for construction and maintenance.
ANALYSIS
The FDOT is seeking to improve the stormwater system along Indian Creek Drive. They have
identified the need for an outfall and in order to obtain access to the waterway, FDOT is
requesting a perpetual easement to install and maintain a storm water outfall pipe, located on
the west side of Indian Creek Drive and north of 26th Street.
The proposed FDOT stormwater outfall pipe and drainage improvements will require execution
of a Perpetual Easement Agreement. The Perpetual Easement Agreement will allow FDOT to
construct and maintain the stormwater and seawall improvements on Indian Creek Drive, north
of 26th St., in a parcel 217.2 square feet in area.
500 Alton Road Alley-Memo
September 11, 2013
Page 2 of 2
CONCLUSION
The Administration recommends approving the Resolution.
Attachments:
A. FDOT Supporting Documents
B. Parcel 800 Perpetual Easement Agreement
6V' EQ1JJF/DS
T:\AGENDA\2013\September 11\Perpetual Easement Agreement for Indian Creek Road outfall
Attachment A
Florida Department of Transportation
RICK SCOTT 1000 NW 1 11 Avenue ANATH PRASAD,P.E.
GOVERNOR Miami, Florida 33172-5800 SECRETARY
June 28,2013
Fred Beckman, P.E.
The City Of Miami Beach
Public Works Department
1700 Convention Center Drive
Miami,Beach,Florida 33139
ITEM/SEGMENT NO.: 4258653
MANAGING DISTRICT: SIX
F.A.P.NO.: N/A
STATE ROAD NO.: SR-A 1 A(Indian Creek Drive)
COUNTY: Miami-Dade
PARCEL NO(s).: 800
Dear Mr. Beckman:
The Florida Department of Transportation, District VI, is proposing a project on SR A 1 A / Indian Creek
Drive north of 26th Street. This segment consists mainly of residential use and the purpose of the
project is to upgrade storm water drainage systems.
The Department has the need to obtain a donation from City of Miami Beach;pursuant to Section 337.29, of
the Florida Statues and the Florida Department of Transportation Right of Way Procedures for acquiring
rights of way from other governmental agencies.
Parcel 800: Easement is being requested for the unplugging of an existing outfall pipe, repairs to a
concrete sea wall, and future maintenance of these items. The parcel contains 217.2 square feet, more
or less.
www.dot.state.fl.us
Page 2
Therefore, we have attached the following documents for your review and to begin the process to allow this
item through appropriate meetings for approvals:
1. Legal Description and Parcel Sketches showing location and size of parcels
2. Proposed Perpetual Easements and Resolution Instruments prepared by the Department
3. Right of Way Acquisition Brochure and Donation Form
4. Photos of sea wall and out fall pipe.
5. Pertinent Contract Plan Sheet
We look forward to working together for the fulfillment of our Public Service mission. If you have any
questions,and/or need additional information please contact me at 305-470-5157.
Sincerely,
Steven C. Imas
Right of Way Agent
Enclosures
Cc: Javier Bustamante,Alejandro Casals,Diego Rivadeneira,Richard Lineberger,Richard Saltrick,Jose
Gonzalez,
www.dot.state.fl.us
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575030-12
RIGHT OF WAY
08!99
(orida Department o Transportation
f I
RICK SCOTT 1000 NW 111 Avenue ANANTH PRASAD,P.E•
GOVERNOR. Miami,FL 33172 SECRETARY
Donation of Property to the Florida Department of Transportation
Fred Beckman,P.E. ITEM/SEGMENT NO.: 4258653
The City Of Miami Beach MANAGING DISTRICT: SIX
Public Works Department F.A.P.NO.: N/A
1700 Convention Center Drive STATE ROAD NO.:
Miami,Beach,Florida 33139 SR-A1A(Indian Creek Drive)
COUNTY: MIAMI-DADE
PARCEL NO.: 800
INTEREST CONVEYED: PERPETUAL EASEMENT
This Is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on
Right of Way maps for referenced project,desires to make a voluntary donation of said property or property interest to the
State of Florida for the use and benefit of,the Florida Department of Transportation. i
The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right
to have.the referenced property or property interest appraised,to accompany the appraiser during the appraisal
inspection of the property,to receive full compensation for the above referenced property,and to receive reimbursement
for reasonable fees and costs incurred, if any. Having been fully informed of the above rights,,l hereby waive those rights
unless otherwise noted below.
Owner's Signature
Type or Print Property Owner's Name
Street Address
City,State, Zip Code
i.
Date
§y
ii
9�
'4.
www.dot.state.fl.'u
Attachment B
07-PE.13
This instrument prepared by,
or under the direction of,
Alicia Trujillo,Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
1000 N.W. 1 11`h Avenue Parcel No. : 800.1
Miami,Florida 33172 Item/Segment No. :425865-3
May 28, 2013 -NE Managing District:6
PERPETUAL EASEMENT
THIS EASEMENT Made the day of 920 ,by THE CITY OF MIAMI BEACH,a
municipality of the State of Florida,grantor,to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
its successors and assigns,grantee.
WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable
considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its
successors and assigns,a perpetual easement for the purpose of repairing and maintaining a portion of the existing 15.00
feet outfall pipe,and to reconstruct the existing seawall within the easement limits in,over,under,upon and through the
following described land in Miami-Dade County,Florida,viz:
PARCEL 800: F.P.No.425865-3
A parcel of land being adjacent to the Lake(now known as Lake Pancoast),as shown on the AMENDED MAP
OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,according to the plat
thereof,as recorded in Plat Book 5,Page 7 in the public records of Miami-Dade County,Florida,lying in the Southwest
one-quarter('/4)of Section 26 and/or the Southeast one-quarter('/4)if Section 27,Township 53 South,Range 42 East
(Section Line could not be determined), and being more particularly described as follows:
COMMENCE at the Southeast corner of Lot I.Block 7 of said AMENDED MAP OF THE OCEAN FRONT
PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,said point being the intersection of the North
right-of-way line of 26`''Street with the West right-of-way line of State Road A I A(Collins Avenue),as shown on the
Florida Department of Transportation Right of Way Map for said State Road AIA (Collins Avenue), Section 87060-
MISC-2; thence N 70°01'29" W, along said North right-of-way line of 26`h Street, 71.32 feet; thence, departing said
North right-of-way line of 26`h Street at right angles,S 19°58'31"W 51.08 feet to the intersection with the South right-of-
way line of said 26`h Street,said point being the POINT OF BEGINNING of the following described parcel:
Thence continue S 19°58'31"W 11.31 feet;thence N 60'45'10"W 9.93 feet;thence N 66 054'46"W 4.97
feet;thence N 71°42'42"W 5.24 feet;thence N 19°58'31"E 10.67 feet to the intersection with the aforesaid South right-
of-way line of 26`h Street;thence S 70°01'29"E,along said South right-of-way line,6.93 feet to the beginning of a curve
concave to the Southwest,having a radius of 80.00 feet;thence southeasterly along the arc of said curve and said South
right-of-way line 13.13 feet,through a central angle of 09°24'08"to the POINT OF BEGINNING.
Containing 217.2 Square Feet of land,more or less.
DD/CG/05/13/2013
AS SHOWN ON EXHIBIT"A",ATTACHED HERETO AND TO BE MADE A PART HEREOF
1 of 5
TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with
immunity unto the said grantee,its successors and assigns from all claims for damage,if any,arising from or growing out
of such construction and/or maintenance to the lands,if any,owned by the grantor, lying adjacent or contiguous to the
lands hereinabove described and the grantor will defend the title to said lands against all persons claiming by,through or
under said grantor.
IN WITNESS WHEREOF,the said grantor has caused these presents to be executed in its name by its Mayor,
and its seal to be hereto affixed,attested by its City Clerk,the date first above written.
ATTEST: The City of Miami-Beach
Its City Clerk
By:
Its Mayor
Address
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of 20 ,by
, Mayor, who is personally known to me or who has produced
as identification.
(Signature of person taking acknowledgment)
(Type,print or stamp name under signature)
Title or rank and serial number,if any:
2 of 5
LEC1#I DESCRfPT[ON - PARCEL 80-11: EXHIBIT "A"
A parcel of land being adjacent to the Lake (now known as Lake PancDaS.J, a5 shown on the
AMENDED VAP OF THE OCFAN FRONT PROPERTv OF THE mrAMr 8FAfH rM PROVE MENT Cord PAN Y.
according to tie plat thereof, as recorded in plat Book 5. Page 7 in the public records at WiArni-Dade
County, Ho,da, lying in the Southwest one-o.uarter r:'/'¢) of Section ]F anti/nr the Southeast nn*--quarter
f3'a) if SiFrticn 27, Towrish p 53 South. Range 42 East (Sec-Jan Line could not be determinud1j, and being
•n ore p a:tic i la rly described as follows:
COMMENCE at Lhe Saul.heast corner of LDt 1, Black 7 Df saio AMLNULD MAP OF THE GCEAN
=RONT PROPERTY OF THE M[APAE BEACH IMPROVEMENT COMPANY, sald point being .he intersection a.
Lhe N€rrLh righ•L of wavy line of 26th Street %%Ith the West right-af-way ine of State Roao AlA (Collins
Avenue). as shown on the Florida Department a Transportation Right Qf Way Map for ra'd State Road
A1A (Collins Avenue); 5ecliun 87060-MISC-2; thence N 70"01'29" W. along said North riyhL-of-lojoy I me
of 7C h 5trePt, 71.32 feel: Lhence, dppart,ng said Nflrth right-cf-wuy line of 26th Strect ill. right unyles.
5 19 058'31' 4': 51.08 feet to the Intersectlan with the South right-of-way line of said 26th street, said
poirtit Uuirly the POINT OF BEGINNING of the following described parcel:
Thence tpnl.inar: 5 19°5$'31" �V 11.31 feet: thence N 50`45'1D' ti'V 9.93 feet; thence
N fifiiJ541461 W 4.97 fuvL; Lhance N 71°42'42" 1'V 5.24 feet; Lhcrice N 19 058'31" E 10.61 feet to the
Intersectlan w'th the aforesaid South rlgnt-of-way line of 16th Street: thence S 70°03'29" e, along said
South right-of-way line, 6.93 feet to the beginning of a curve concave to the Southwest. having a radius
of an,00 feet; thenc-e southeast-Rdy along the art. of said rurye and said 5ouLh riyhL-of-w=�r !inp 13.11
feet, thruuyh a central angle of 09 1124108" to he POINIT OF BEGINNING,
Containing 217,2 Square Feet of land, more or 'ess.
G E N EIRAL :VOTES!
THIS LS NOI A SURVEY
Reproductiors of this map are noL valid wil.houl. Lhe signature and Original raised seal of the
FlDrida Licensed Surveyor and Mapprr in responsible charge.
The Bearlrgs shown hereon iDre referenced to the Baseline of Survey of State Road A:A {Collins
Avenue), havl ng a bearing of N 20°00 31" E, as Shr)Yrn nn the Florida Department of
Transportation Prajec, NeVNork Control for said SWLe hoar! AlAr e;U1TIpl4Lgd +fin 0412512006 by
PR%J- for Prpject No. 47$0$9-1.
Ri gh L-O f-way lines sna w n are per the Florida Department of Transportation Right of Way Map Fur
said State Road A1A, section 87x60-1AI5C-2.
The data used in the calculation and pruparuLicn of the legal descriratirm was p'ovided by the
FDOT Pro,act Manager for Pro ect Flo. 425865-3.
-,Addltlb A andlor d#lptirlriA t4 s,arvey maps, sketches or repors by any party other than tllp
signing pan.y are prohibi[ed wiLnDut the lrrritten ronsent of the .signing My.,.;
This d ocu r'c nt consists 0t two 2) shCCtS CA R LO GARC[A ,•_ `;: - O TE
and shill rot Dr, consldcrCd full. valid, PROFE5. NAL
and camplflc unlua:; oath sheul is attached FLORIDA ICENSIE Nd.L b
to the other.
FLORIDA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
STATE ROAD NO. Ala ML4MI-DA13E COUNTY
:CT N-CT*-7: =[[UC�.CRSL N�"C°_
a;T[ C-CCS:3 C gA1::V- n.%1lN]J hF. NO. CIN A 69.1 5Cr•:I ION RM6.1 Sh I EF r 1 or 2
3 of 5
PARCEL NL). OWNER'S NAME PARCEL AREA REMALNDER C{�MMEN15 �
800 1 C_TTY OF HIAhtr F;FArH 217.? -5,Q. FT.I UN0ETERr+AINED I
EXHIBIT "All
AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE
MIAMI BEACH IMPROVEMENT COMPANY
P.D. 5p PG. 7
r LEG E NO:
$ - sasellne
114+25.49 1 LOT 12 -CL - Center Line
121,29'(LT) I A - Carve Central AngIc
Pa mel [de rat ifi catig n
111 1S"56'31" E 15' BT(P) 30o Number
14.6 t' EXLST, - Exlsting
114+-14.82 FDOT - Florida Depar.mcnt
123.28'UT goo I S 78"01119' E of Transportation
N /1"42'42' W 6.93 z LJ F. P. NO. - Financial Project
Number
5,24 114.+14.q7 114.36' Tp ;n J Y L - Arc Length
176.{]5'(1 T) (J) - Left
N 66'54'46" W R = 60.00' ILJ s 4.R.B. - Offirial RpfQfds
4.97' L = 13.13' Book
714 x .71 A - 09024'D8" I rp} Per plat
i 11,O8'(LTA _ '
------ _�___-- P.B. Plat Book
N 60`45'10" W 51.88' BLOCK PG, - Page
9.93' j S 19°58'31' W P] - Puint or [nte•rser._ion
LADE 114+13.11 I 7 R - RUIUS
PANCOAST 10 1.2 8 ALT) �, RGE. - Range
LAKE (P) 19'58'31'' w i� f LOT 1 tR1W - Ri4ht-pf-Way
11.31' w SEC:. - Section
1NT F RF 1NNTN LU rry iv STA. - 51.860et
1144-24.42 W MP. Township
1Cr3.29{LTy f�•�`, tI� I�r4
-14+75:54 in
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1111 STA. 113-Q9,53 STATE ROAD AIA
Ay (COLLINS AVENUE)
This %lorument con5ist5 of two (7y Sheets 0 15 30 6O 4B
and shall ncr he cnns1dFLrF-d fell, valio,
and cnrn,)dcr<, urlpcs Parh -,Vert Ic at-whed
t ne csth r.r.
FLORIVA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
STATE ROAD NO. A 1A MIA M[-[LADE COUNTY
Hill 1141141:1 •. ��lcllt-A-hS:I r�aIH SM- 1
MUM 1)-1 11!, :%r,[.—I
F.P. '10. 425565-� SEM04 VC-0 SHEET 2 OF 2
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07-PE.14
This instrument prepared by,
or under the direction of,
Alicia Trujillo,Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
1000 N.W. 111`h Avenue Parcel No. : 800.1
Miami,Florida 33172 Item/Segment No. :425 865-3
May 28,2013-NE Managing District:6
RESOLUTION
ON MOTION of Commissioner seconded by Commissioner
,the following Resolution was adopted:
WHEREAS,the State of Florida Department of Transportation proposes to construct or improve State Road No.A-1-A,
Section No.425865-3,in Miami-Dade County,Florida:and
WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami Beach,Florida,be
acquired by the State of Florida Department of Transportation:and
WHEREAS,said use is in the best interest of the City:and
WHEREAS,the State of Florida Department of Transportation has made application to said City to execute and deliver to
the State of Florida Department of Transportation a perpetual easement,or easements,in favor of the State of Florida Department of
Transportation for the purpose of constructing and maintaining a
and said request having been duly considered.
NOW THEREFORE,BE IT RESOLVED by the Board of City Commissioners of The City of Miami Beach,Florida,that
the application of the State of Florida Department of Transportation for a perpetual easement,or easements,is for transportation
purposes which are in the public or community interest and for public welfare;that a perpetual easement,or easements,in favor of
the State of Florida Department of Transportation in Miami-Dade,Florida,should be drawn and executed by this Board of City
Commissioners.Consideration shall be$
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida
Department of Transportation at Tallahassee,Florida.
STATE OF FLORIDA
CITY OF MIAMI BEACH
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of City
of Miami Beach,Florida,at a meeting held on the day of ,20
ATTEST: The Board of City of Miami Beach,Florida,
By its Board of City Commissioners
Clerk(or Deputy Clerk)of the Circuit Court
(Affix County Seal) By:
Its Chair(or Vice-Chair)
(Address)
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