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2016-29465 Reso - RESOLUTION NO., 2016-29465 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PERPETUAL NON-EXCLUSIVE EASEMENT BETWEEN THE CITY AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), ATTACHED HERETO AS EXHIBIT 1, FOR THE PURPOSE OF FDOT CONSTRUCTING, MAINTAINING AND REPAIRING A PORTION OF ALTON ROAD ON CITY PROPERTY KNOWN AS THE "MIAMI BEACH GOLF COURSE," LOCATED AT 2301 ALTON ROAD, ALONG THE EAST SIDE OF ALTON ROAD FROM MICHIGAN AVENUE FOR 581 FEET TOWARDS THE NORTH. WHEREAS, the State of Florida Department of Transportation ("FDOT") is proposing to improve the intersection of Michigan Avenue at Alton Road; and WHEREAS, FDOT construction is scheduled to begin in April 2017, and will include roadway reconstruction, drainage improvements, intersection improvements, milling and resurfacing, adjustment of numerous valves and manholes, sidewalk and curb ramps, signage, pavement markings, and signalization; and WHEREAS, FDOT is requesting that the City grant it a perpetual easement to accommodate this project on land the City owns, knowns as the "Miami Beach Golf Course," located at 2301 Alton Road; and WHEREAS, the FDOT proposed easement will still allow the City to have full access to the City's Golf Course; and WHEREAS, the golf course consists of over 149 acres of land, consisting of 18 holes, water features, mature landscaping, and an extensive perimeter buffer,; and WHEREAS, FDOT seeks the area in an effort to assist the City with pending traffic concerns, while having no impact on the 18 hole course, or any of the landscaping of 149 acre golf course; and WHEREAS, de minimis use by FDOT would provide a necessary turning lane from Michigan Avenue to Alton Road, and would be within the outer perimeter landscape buffer to the course, and would not interfere with the quiet enjoyment of the course, itself; and WHEREAS, the proposed FDOT easement is approximately 14 feet wide by 581 feet long, and the entire easement contains 8,392 square feet (0.193 acres) more or less; and WHEREAS, to accommodate the intersection modification FDOT proposes to add a second southbound left turn lane to Alton Road, area east of the east FDOT right-of-way line is needed, which area is within the City's Golf Course; and WHEREAS, a detailed survey of the FDOT project area delineates a portion of the widened roadway within the "Miami Beach Golf Course," shall be along the east side of Alton Road from Michigan Avenue for 581 feet towards the north; and . WHEREAS, the widened roadway requires FDOT to obtain from the City a perpetual, non-exclusive easement to use, maintain, repair, and construct the roadway along the west side of City owned property; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission grant and authorize the Mayor and City Clerk to execute a perpetual non-exclusive easement agreement between the City and the State of Florida Department Of Transportation ("FDOT"), attached hereto as Exhibit 1, for the purpose of FDOT constructing, maintaining and repairing a widened roadway on City owned property known as the "Miami Beach Golf Course," located at 2301 Alton Road, along the east side of Alton Road from Michigan Avenue for 581 feet towards the north. PASSED and ADOPTED this 3 day of July, 2016. ATTEST: U /ji Phi ip Lev ayor i7J1P-ZA7 MI'ZsS i ,,, . Rafael E. Granado y - i • ,� p44, \ n 4 • APPROVED AS TO P'� '' FORM &LANGUAGE ,_� s &FOR EXECUTION INCORil ORATED: 0 C22... si--.. , 7_12.111° `'�,t '° �� f City Attorney• Date•f ' \ 1, 'C`-i 2,,<7 TAAGENDA\20161.July1PUBLIC WORKSIFDOT—Easement-Michigan at Alton—Reso.docz 07-PE.13 Exhibit 1 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. 111th Avenue Parcel No. : 804 Miami, Florida 33172 Item/Segment No. : 429193-2 December 18, 2015 - EV Managing District : 6 PERPETUAL EASEMENT THIS EASEMENT, made the day of July, 2016, 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 constructing, installing and maintaining a turning lane from Michigan Avenue to Alton Road,for an approximately 14 feet wide by 581 feet long roadway easement for vehicular and/or pedestrian use with the entire easement containing 8,392 square feet (0.193 acres) more or less, in, over, under, upon and through the following described land in Miami-Dade County, Florida, viz: PARCEL 804 FIN.No. 429193-2 AS SHOWN ON EXHIBIT "A", ATTACHED HERETO AND TO BE MADE A PART HEREOF Any other uses permitted by Grantor within the easement area shall not be inconsistent with the rights granted hereunder, nor impede the use of the area by Grantee in accordance with the uses authorized hereunder. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever,and the Grantor will defend the title to said lands against all persons claiming by, through or under said Grantor. 1 of 2 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 Rafael Granado, City Clerk By: Mayor Philip Levine APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION STATE OF FLORIDA ' 5 IL City Attorney Dote COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2016, by Philip Levine, 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 2 EXHIBIT "A" E LEGAL DESCRIPTION - PARCEL 804: A portion of NOT SUBDIVIDED land, lying in the NW 1/4 of Section 34 and the SW 1/4 of Section 27, Township 53 South, Range 42 East, in the City of Miami Beach, Florida, and being more particularly described as follows: COMMENCE at the intersection of the Baseline of Survey of State Road 907 (Alton Road), as it is shown on the Florida Department of Transportation Project Network Control for said State Road 907, Project No. 429193-1, dated 09/30/2011, and the Centerline of Michigan Avenue; thence N 39°19'22" E, along said Baseline of Survey of State Road 907 (Alton Road), for a distance of 72.60 feet; thence, departing said Baseline of Survey at right angles, S 50°40'38" E for a distance of 57.00 feet to a point on a line which is 7.00 feet Easterly of, as measured at right angles, and parallel with the existing Southeasterly right-of-way line of said State Road 907 (Alton Road), as it is shown on the Florida Department of Transportation Right of Way Map for said State Road 907, Section 87037-2507, last revised on 12/15/1989, said point being the POINT OF BEGINNING of the following described parcel: Thence N 39°19'22" E, along said parallel line, for a distance of 373.69 feet; thence N 50°40'38" W for a distance of 3.00 feet; thence N 39°19'22" E, along a line being 4.00 feet Easterly of, as measured at right angles, and parallel with said existing Southeasterly right-of-way line of State Road 907 (Alton Road), for a distance of 166.92 feet to a point on a tangent curve concave to the Northwest and having a radius of 801.39 feet, a chord bearing of N 38°20'31" E, and a chord distance of 27.44 feet; thence Northeasterly along the arc of said curve, through a central angle of O1°57'42", for a distance of 27.44 feet; thence S 52°38'20" E, along a radial line to lastly described curve, for a distance of 14.00 feet to a point on a non-tangent curve concave to the Northwest and having a radius of 815.39 feet, a chord bearing of S 38°20'31" W, and a chord distance of 27.92 feet; thence Southwesterly along the arc of said curve, through a central angle of 01°57'42", for a distance of 27.92 feet to a point of tangency; thence S 39°19'22" W for a distance of 152.92 feet; thence S 50°40'38" E for a distance of 3.00 feet; thence S 39°19'22" W for a distance of 429.02 feet to a point on a non-tangent curve concave to the Southeast and having a radius of 68.00 feet, a chord bearing of N 20°36'32" E, and a 0 chord distance of 43.64 feet; thence Northeasterly along the arc of said curve, through a central angle of 37°25'41", for a distance of 44.42 feet to the POINT OF BEGINNING. Containing 8,392 square feet, more or less. ..,..,/1,4 11( I I E Je I1 /( Ili lA �� a� 4� This document consists of three (3) sheets 11/ N LIPTAK o and shall not be considered full, valid, FESSIONAL SURVEYOR AN•D MAPPER J ` 'and complete unless each sheet Is attached RIDA LICENSE NO. 5664 '. ,r ' •.......**„.' ' to the other. P/ %- THIS IS NOT A SURVEY ole�� ,• O FLORIDA DEPARTMENT OF TRANSPORTATION SKETCH TO ACCOMPANY LEGAL DESCRIPTION n 3 STATE ROAD NO. 907 MIAMI-DADE COUNTY BY DATE PREPARED BY TRIANGLE SURVEYING AND MAPPING.INC DATA SOURCE: MIAMI.NW 3 66(L8 SEE GENERAL NOTES MIAMI,FL 33166(L873913) REV.PARCEL SHAPE D.DENIS 05/04/16 DRAWN D.DENIS 04/19/16 E. REVISION BY DATE CHECKED 1.L. 04/21/16 F.P. NO. 429193-2 SECTION 87037 SHEET 1 OF 3 S/5R016 7:44:38 P14 ddenls EXHIBIT "A" GENERAL NOTES: - Reproductions of this map are not valid without the signature and the original raised seal of the Florida Licensed Surveyor and Mapper in responsible charge. - Lands shown hereon were not abstracted by this office for right of way, easement of record ownership, abandonments, deed restrictions, or Murphy Act Deeds. This information should be obtained through appropriate verification. - The Bearings shown hereon are referenced to the Baseline of Survey of State Road 907 (Alton Road), having a bearing of N 39°19'22" E, as shown on the Florida Department of Transportation Project Network Control for said State Road 907, completed on 09/30/2011 by Manuel G. Vera and Associates, Inc., for Project No. 429193-1. - Right-of-Way lines shown are per the Florida Department of Transportation Right of Way Map for said State Road 907, Section 87037-2507, last revised on 12/15/1989. - Section line and Lot lines shown are approximated per information found in Plat Book 8, Page 52, and are not supported by a survey. They are shown for graphical reference only. - Dimensions and areas are calculated based on existing plats, right of way maps, and digital files as provided by client. - Additions and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party. • - Triangle Surveying & Mapping, Inc. carries Professional Liability Insurance for Surveying & Mapping services. - This Sketch to Accompany Legal Description is in compliance with the Standards of Practice as set forth by the Florida Board of Professional Land Surveyors and Mappers, referenced in Rule 51-17 Florida Administrative code pursuant to Section 472-027, Florida Statues. LEGEND: - Baseline (P) - Plat Q - Center Line P.B. - Plat Book CB - Chord Bearing PC - Point of Curvature CD - Chord Distance PG. - Page Parcel Identification R - Radius _6' 0 Number RGE. - Range A - Curve Central Angle RT - Right EXIST. - Existing R/W - Right-of-Way FDOT - Florida Department SEC. - Section of Transportation STA. - Station F.P. - Financial Project TWP. - Township L - Length O - Block NO. - Number 16 Number io This document consists of three (3) sheets and shall not be considered full, valid, P and complete unless each sheet Is attached N to the other. THIS IS NOT A SURVEY Y - FLORIDA DEPARTMENT OF TRANSPORTATION SKETCH TO ACCOMPANY LEGAL DESCRIPTION STATE ROAD NO. 907 MIAMI-DADE COUNTY BY DATE PREPARED BY TRIANGLE SURVEYING AND MAPPING.INC DATA SOURCE 8790 NW 84 STREET MIAMI.FL 33166 1L1313R81 SEE GENERAL NOTES REV.PARCEL SHAPE D.DENIS 05/04/16 DRAWN D.DENIS 04/19/16 REVISION BY DATE CHECKED I.L. _ 04/21/16 F.P. 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F- Q' No ZLL w 3 zN ^rn . c a �aC E'5a X H 2 e O Al ° m - -•1 `o.Z 4 d Q VI n o N o . r.- 17°ym a 0 U N N N t Val N W a W O v^im� �m to-• M �t'�!6 N °uNd O zO va. v 1: • v1 rn •1: F,g •'b,& - d ? `t (ye 0N 1 0 rvo oN U 111 a� t'16$� o ; ddt cc2 Q o u � n 11Om a� �uu AIbDN�ilb +o ac ~ (3 acJuu lrat g�W O hl VI A 69.O0UE 1431D IS u6p•SOS091.02/678 908SdMb\deWmAZE61629\908d L06US 6L-OOQ(16uldceyil M8 000E!oJd\'d COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING A PERPETUAL NON-EXCLUSIVE EASEMENT BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"),ATTACHED HERETO AS EXHIBIT 1; FOR THE PURPOSE OF FDOT MAINTAINING AND REPAIRING A PORTION OF ALTON ROAD ON CITY PROPERTY KNOWN AS THE "MIAMI BEACH GOLF COURSE," LOCATED AT 2301 ALTON ROAD, ALONG THE EAST SIDE OF ALTON ROAD FROM MICHIGAN AVENUE TO 581 FEET NORTH. - Key Intended Outcome Supported: Ensure comprehensive mobility addressing all modes throughout the City. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The Florida Department of Transportation (FDOT)is planning to reconstruct the intersection of Michigan Avenue at Alton Road(Project). Construction is scheduled to begin in April 2017. The Project will include the addition of a second southbound left turn lane, roadway reconstruction, drainage improvements, intersection improvements, milling and resurfacing, adjustment of numerous valves and manholes, sidewalk .and curb ramps, signage, pavement markings and signalization. To accommodate the intersection modification and preserve the mature tree canopy on the west side of Alton Road,additional area east of the existing FDOT right-of-way line is needed. ANALYSIS FDOT is requesting a perpetual easement to accommodate this project on land the City owns. This easement will still allow the City to have full access to the land. This easement is approximately 14 feet wide by 581 feet long. The entire easement contains 8,392 square feet(0.193 acres) more or less and is attached as Exhibit 1. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Bruce Mowry, City Engineer, x. 6565 Sign-Offs: Ast. Department Director Assistant City M ger/DPW City M pager JJF ETC JL T:\AGENDA\2016\July\PUBLIC WORKS\FDOT-Michigan at Alton- ummary.docx MIAMIBEACH AGENDAITEM DATE 7't'3 lIc ® MIAMIBEACH • City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov MEMO# COMMISS ON MEMORANDUM TO: Mayor Philip Levine and Members 'f the City V •mmission FROM: Jimmy Morales, City Manager ', DATE: July 13, 2016 SUBJECT: A RESOLUTION OF THE MAYO-,_AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING A PERPETUAL NON-EXCLUSIVE EASEMENT BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"),ATTACHED HERETO AS EXHIBIT 1; FOR THE PURPOSE OF FDOT MAINTAINING AND REPAIRING A PORTION OF ALTON ROAD ON CITY PROPERTY KNOWN AS THE "MIAMI BEACH GOLF COURSE," LOCATED AT 2301 ALTON ROAD, ALONG THE EAST SIDE OF ALTON ROAD FROM MICHIGAN AVENUE TO 581 FEET NORTH. BACKGROUND The Florida Department of Transportation (FDOT) is planning to reconstruct the intersection of Michigan Avenue at Alton Road (Project). Construction is scheduled to begin in April 2017. The Project will include the addition of a second southbound left turn lane, roadway reconstruction, drainage improvements, intersection improvements, milling and resurfacing, adjustment of numerous valves and manholes, sidewalk and curb ramps, signage, pavement markings and signalization. To accommodate the intersection modification, and preserve the mature tree canopy on the west side of Alton Road additional area east of the existing FDOT right- of-way line is needed. ANALYSIS FDOT is requesting a perpetual easement to accommodate this project on land the City owns. This easement will still allow the City to have full access to the land. This easement is approximately 14 feet wide by 581 feet long. The entire easement contains 8,392 square feet (0.193 acres) more or less and is attached as Exhibit 1. CONCLUSION The Administration recommends that the Mayor and City Commission approve and authorize the City Manager to execute the perpetual easement with FDOT. Attachments: Exhibit 1 - Perpetual Easement JLM/e/JJF/BAM/WRB T:\AGE DA\2016\,1uly1PUBLIC WORKSIFDOT-Easement-Michigan at Alton....memo.docx