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2016-29584 Reso RESOLUTION NO. 2016-29584 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE TRANSFER TO THE CITY, VIA QUIT CLAIM DEEDS, OF THE APPROXIMATELY 4, 000 LINEAR FEET OF SEAWALL ALONG INDIAN CREEK DRIVE, FROM THE PRIVATE PROPERTY OWNERS IDENTIFIED IN EXHIBIT "A," SO THAT THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAY UNDERTAKE THE CONSTRUCTION OF A 5.7 NAVD ELEVATION SEAWALL BARRIER WALL, WHICH WOULD IMPROVE STREET DRAINAGE, AND RAISE THE ROAD ELEVATION FOR INDIAN CREEK DRIVE, BETWEEN 26TH AND 41ST STREETS. WHEREAS, Indian Creek Drive is a State-owned and maintained road, but is considered one of the City's main transportation corridors, which establishes a southbound artery between North Beach and South Beach; and WHEREAS, Indian Creek Drive, is a major commuter road that runs through residential districts of the City, and is critical for providing emergency services to residents and visitors (including its use as a hurricane evacuation route); and WHEREAS, the City experiences extreme high tide events in the Spring and Fall, which cause intensive and paralyzing flooding on Indian Creek Drive, particularly between 26th and 34th Streets; and WHEREAS, these flooding events have increasingly worsened due to these higher tidal events, which are expected to continue to escalate with sea level rise; and WHEREAS, during these tidal events, the City has no alternative but to prohibit access to Indian Creek Drive for the health, safety and welfare of its residents and visitors; and WHEREAS, the City has determined that corrective action for these flooding events would require major infrastructure construction for Indian Creek Drive, between 26th and 34th Streets, including the construction of a crash barrier seawall that will maintain street drainage during high tidal events and increasing the road elevation; and WHEREAS, the City and the Florida Department of,Transportation (FDOT) have negotiated funding of a seawall project from 26th to 41st Street, approximately 4,000 feet in length, at a 5.7 NAVD elevation (City standard); and WHEREAS, the proposed seawall would be constructed over a 20 feet deep sheet pile wall that would eliminate water from flawing underground and from flowing over the wall and flooding the street; and would provide for the installation of a 72 inch drainage line, beginning south of 26th Street and continuing all the way to 41st Street, connecting at the drainage system on 41st Street; would allow for the construction of a pump station on the 32nd Street end, that would have the capacity to pump the 72 inch drainage line and maintain the proper capacity in the system; and WHEREAS, the City and FDOT have agreed that FDOT will be responsible for the base cost of draining its roadway, and the City will be responsible for those costs necessary to accommodate the additional capacity in the storm-water system for the City streets abutting the affected areas of Indian Creek Drive; and WHEREAS, most of the seawall between 26th Street and 41 Street is privately owned land — with the main parcels and structures being bisected from the seawall area by the FDOT right-of-way (Indian Creek Drive); and WHEREAS, the existing seawalls are in poor condition and/or do not meet the City's Standards (5.7 NAVD elevation) for seawalls; and WHEREAS, the City would like to start the project as soon as possible; and WHEREAS, in an effort to resolve the flooding issues and in an effort to expedite the repair and reconstruction of the seawalls to the City's standard, the City is willing to undertake the reconstruction; provided, however, the private property owners quit claim their interest in the seawalls to the City; and WHEREAS, quit claiming the seawalls to the City would alleviate the private property owners from having to maintain the seawall and would ensure that the flooding mitigation project is a success; and WHEREAS, attached as Exhibit A to this Resolution, is the list of private property owners that front Indian Creek Drive, between 26th Street and 41 Street and, should these property owners want to quit claim their seawalls to the City, the City Manager should be authorized to accept said quit claim deeds; and WHEREAS, the proposed form of the quit claim deed is attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission approve and authorize the City Manager to accept the transfer to the City, via Quit Claim Deeds, of the approximately 4, 000 linear feet of seawall along Indian Creek Drive, from the private property owners identified in Exhibit "A," so that the City and the Florida Department Of Transportation (FDOT) may undertake the construction of a 5.7 NAVD elevation seawall barrier wall, which would improve street drainage, and raise the road elevation for Indian Creek Drive, between 26th and 41st Streets. PASSED AND ADOPTED this on day of September, 2016. SS y p , Philip ./- r ` • or ATTEST: f' ctiSzilto R fael . Granado, City Clerk APPROVED AS TO FORM & LANGUAGE c i (i jo & OR E TION r/ 0∎ \ u E t'1� .. ,/i��� City Attorney Dote 11 .1.-'.46)/>.. .'..4.5.• % * INGORp ORATED" % : co 1).... y ... y494 . � ' CH 26 Cardillo, Lilia From: Cardillo, Lilia Sent: Tuesday, October 04, 2016 2:41 PM To: Fink, Jay; Sarmiento, Fiorella; Carpenter, Eric Cc: Boutsis, Eve; Rafael Granado Subject: Resolution 2016-29584 Attachments: Resolution 2016-29584.pdf See attached resolution 2016-29584. Please provide a copy of the Quit-Claim Deed. Thank you. MIAMIBEACH Lilia Cardillo, Agenda Coordinator OFFICE OF THE CITY CLERK 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411/ Fax: 786-394-4139/www.miamibeachfl.Rov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,tropical, historic community 1 Resolutions - R7 G MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 27, 2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE TRANSFER TO THE CITY, VIA QUIT CLAIM DEEDS, OF THE APPROXIMATELY 4,000 LINEAR FEET OF SEAWALL ALONG INDIAN CREEK DRIVE, FROM THE PRIVATE PROPERTY OWNERS IDENTIFIED IN EXHIBIT "A," SO THAT THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAY UNDERTAKE THE CONSTRUCTION OF A 5.7 NAVD ELEVATION SEAWALL BARRIER WALL, WHICH WOULD IMPROVE STREET DRAINAGE, AND RAISE THE ROAD ELEVATION FOR INDIAN CREEK DRIVE, BETWEEN 26TH AND 41ST STREETS. RECOMMENDATION The Administration recommends adopting the Resolution. ANALYSIS Indian Creek Drive is a State-owned and maintained road, but it is considered one of the City's main transportation corridors, which establishes a southbound artery between North Beach and South Beach. It is a major commuter road that runs through residential districts of the City, and is critical for providing emergency services to residents and visitors (including its use as a hurricane evacuation route). The City experiences extreme high tide events in the Spring and Fall, which cause intensive and paralyzing flooding on Indian Creek Drive, particularly between 26th and 34th Streets. These flooding events have increasingly worsened due to these higher tidal events, which are expected to continue to escalate with sea level rise. During these tidal events, the City has no alternative but to prohibit access to Indian Creek Drive for the health, safety and welfare of its residents and visitors. The City has determined that corrective action for these flooding events would require major infrastructure construction for Indian Creek Drive, between 26th and 34th Streets, including the construction of a crash barrier seawall that will maintain street drainage during high tidal events and increasing the road elevation. Page 498 of 692 The City and the Florida Department of Transportation (FDOT) have negotiated funding of a seawall project from 26th to 41st Street, approximately 4,000 feet in length, at a 5.7 NAVD elevation (City standard). The proposed seawall would be constructed over a 20 feet deep sheet pile wall that would eliminate water from flowing underground and from flowing over the wall and flooding the street; would provide for the installation of a 72 inch drainage line, beginning south of 26th Street and continuing all the way to 41st Street, connecting at the drainage system on 41st Street; and would allow for the construction of a pump station on the 32nd Street end, that would have the capacity to pump the 72 inch drainage line and maintain the proper capacity in the system. The City and FDOT have agreed that FDOT will be responsible for the base cost of draining its roadway, and the City will be responsible for those costs necessary to accommodate the additional capacity in the storm-water system for the City streets abutting the affected areas of Indian Creek Drive. Most of the seawall between 26th Street and 41st Street is privately owned land — with the main parcels and structures being bisected from the seawall area by the FDOT right-of-way (Indian Creek Drive). The existing seawalls are in poor condition and do not meet the City's Standards (5.7 NAVD elevation)for seawalls. The City would like to start the project as soon as possible. In an effort to resolve the flooding issues and in an effort to expedite the repair and reconstruction of the seawalls to the City's standard, the City is willing to undertake the reconstruction; provided, however, the private property owners quit claim their interest in the seawalls to the City. Quit claiming the seawalls to the City would alleviate the private property owners from having to maintain the seawall and would ensure that the flooding mitigation project is a success. Attached as Exhibit A to this Resolution, is the list of private property owners that front Indian Creek Drive, between 26th Street and 41st Street and, should these property owners want to quit claim their seawalls to the City, the City Manager could be authorized to accept said quit claim deeds. The proposed form of the quit claim deed is attached hereto as Exhibit B. CONCLUSION The Administration recommends adopting the Resolution. Legislative Tracking Public Works ATTACHMENTS: Description Page 499 of 692 ❑ Resolution ❑ revised attachment Page 500 of 692 . --- - - _..... _ , ......._ _ ... , ...... , Ma2 ID Folio Owner Name ' 1 02322.6,0011101 Wet 0 INLET PARCEL LLC 711-0 , • ------"' 1 -------/ . • 2 02 m 3220017 REFERENCEONLY- i€ ... ,,. 2• ‘ 3 0232260011950 COINCO INVMTMENT COMPANY INC '.1 . • 4 401-1 STREET END r ,, ----- . ....- '4 5 0232260320001 REFERENCE ONLY ) - ;I'. - - ,.: ----"--'- .'..., .8. . , ' o •95TH MM.END • 1 7 coneoonap Balm RUDNER LE&LIZ STEINMAN " " :!•,f r;,. . I '8 0232280448001 REFERENCE ONLY ; , -.._ 2 • •. 1:41,girj---130, ----.._ .:•• 1 , 0 33TH STREET END ----- :: 8 ' " 10 02322600117SO CITY OF MIAMI 3 EACH * '----la '.: . ... .ow...J . '' . ..;... ' 11 37TN STR5ET END ft,a 12 0282260011040 SAIMUIL s FORNIAN TRS '------ iiim• .10. ........,3 . . 12 0292260030002 REFERENCE ONLY „ . . . 14 BOTH STREET END .-.A. 1 1111141 . _ 2 ati ..1 ... . . 15 028226011000.1 REFERENCE ONLY .• :12# lis . • . le . 35TH MEET END 3• ••-•-•-•-• • .:.•,,t; , 17 0232Z50.01/47P,CENTRAL FLA INVI:ST INC it,..._ siiiii_ rmlil 3 N 111 -,--..-,... .---......, is 34T1.I STREET CND Iii......, Er 144. 1,9 - 0232260011430 TOWER 381.5-L1,c :„. .. .: 6 11 317 . • 20 38PD STREET EN b • ;.....;• . 21 0232260011400 IJUBO SKRBIC .. .. . .... 111111Ik .:...!.:14 . . 'Y'... 22 32ND STREET ENO a ' • '. 113 0232250400001 REFERENCE ONLY ir :1.7 .. . - 24 0282230380001 REFERENCE ONLY ilk Aillr.''',' c.,,,,,l..., 25 8531 STREET ENO .., • • 2,0 0282260360001 REFERENCE ONLY Ar, •1:94,4,14 . • ,4 H. , ,,,iw••,. • • • I..•...2'0A, „,, 27 0232260015290 COINCO INVESTMENT CO INC . a 28 • 30tH STREET END • psi':/., 1 . A 219 02amosoost REFERENCE ONLY are imum,,Allt -1. •••4! ' :•ol. "93t) • '';'•••-:‘'...., SO 0282280490001 REFERENCE ONLY _ lit ww.• 2. • - 91. , 0222260021270 112F HOLOING511LLC ll ,411111V•2-4'•/, .:.... . : '..•:., ' • • 32 0232260011180 ISR HOLDIN96 H LLC art .2.'8* ' • . 83 29T H STREET 0 VD ' B4 , 0232260390001 REFERENCE oNLY ,, :_04,.if . ,p 71 •• .,.... , 0232260020970 CITY OP MIAMI agAcFl IFS 0 7.4? * ilita I ri ,, ! ' 36 0232260020990, 8T,EVEN BTARIL 1111 it's/440 mtir . • . 37 0292260390001 RBFERENCE ONLY in• .. .- ,.. . ' 38 .. MTH sit EST END ir;4fAtar rt: , . .... . . 89 62822800104r.SYDP.LL INDIAN CREEK ILO .4 . ... 2 •tri . . , 40 02922600112920 SYDELL INDIAN CREEK LLc ar W . - . .. . .•.• ... •, .. • • . tsd 27TH met'END AT 36 • 4 . '4. .. . ... ., 42 0292260020782 CITY OF MIAMI BEACH ■ S,701° • ' alit • ' • .• ,,,,,, ,,.:,.!•,, ,:, • . ...., ...,-. . , • 43 0292263045000i'%EFERENCE ONLY • 'gq;* ' :** . 44 0232280420002 REFERENC1 ONLY . 3 ?ihkt, . •14,v, ...;..P,..,..,.,..,,,...,,,,.. -.!,:$.,.. • 45 0291260330001 REFEBENCE•ONLY --- 4or irpr iiir .• r.:•-•••••,,,, ......•-..r.;,;, 40 0232200407a CITY OF MIAMI BEACH '114 47 023926002000 STELLER Si EFEKTA INSTITUTE PH . ,r,,,,':., •••4.,:n.,.,,,:... .,5. 48 25TH sTREE'r 8ND —•. • •. ••1 1 49 0232200240001 REVERENCE ONLY • .,, ett: • • so 0232200010041 coMo TRAYmoRE LLO ' it - W • • 01 0282200140001 ,ROPERENCE•oNLY • 440 52 S232266010600 _MAZE PROMitrin INC 4).i..1 4 PARCEL OWNER ...avrimail • ,is p ::: .\. ..,„.. 414 E CITY OF MIAMI BEACH .4.--.1.. • 4:1.7; . . •• , -44 ., ; • . 4 C PRIVATE OWNER Orialli,lasi '....m. ... . . . . ...,. • • . Ruin . ,.. ,,.-."•.. 4 , STREET END(RIGHT-OF-WAY) . . • r .. virim"....?:48,.. • . • '47— -- .•; • la 11141 . :. ' .• 0 ....1 r 44 JIIIIIIW ,..... ,..;•:■:”,flit mid O75160 $00 469, I. • w,..... -B . 111111111. iv I Al ItieiSingeMI r set '*/Ot . ,..,.,. • :‘ • Z4Th ',,,,- ,.. .', irt .t•.-47 S 1 AIM '411111P-' ' '•" ' Created:August 19,2016 • 0.. .. . c Alvaro . Path:MI00141618tProJeotAleindlanOteelowneraNp.Analyais1kolAgOlndlentireek.Olty0wnedPareels_StroetEndamof COMPOSITE EXHIBIT fl iMIAMIBEACHI:NPIAPT: Page 504 of 692 , . ! ii MAPID _UnitFolio Owner 1 ; 1 0232260011961 R 81.D INLET PARCEL LLC 2 0232260170001 REFERENCE-ONLY 3 0232260011950 CO'INCO INVESTMENT COMPANY INC 4 40TH STREET END ' 5.0232260320001 REFERENCE ONLY 6 39TH STREET END I 7 0232260011840 BEULAH RUDNER LE&.LIZSTEINMA•N • 8 0232260440001• REFERENCE ONLY 9 38TH STREET END 10 023226001.1760 CITY OF MIAMI BEACH I 11 37TH STREET END . 12 0232260011640 SAMUEL S FORMAN TRS •• 13 0232260050001 REFERENCE ONLY • 1.4 36TH STREET END • i 15 0232260110007. REFERENCE ONLY 1 16 35TH STREET END . . 17 0232260011470 CENTRAL FLA INVESTING • 18 34TH STREET END ' . 19 0232260011430 TOWER 3315 LLC 20. _ .3•3RD STREET END 21 0232260011400 �LJUBO SKRBIC - - 22 32ND STREET END ' 23 0232260400001 REFERENCE ONLY • ' • • 24 0232260350001 REFERENCE ONLY • 25 31ST STREET END ` _ 26 02322.60360001 REFERENCE ONLY . • 27'0232260011290 CO.INCO INVESTMENT CO . 28 30TH STREET END _ ' .29 023.2260190001 ''REFERENCE ONLY 30 0232260490001 REFERENCE ONLY •• • 31 0232260011170 IBF HOLDINGS II LLC 32 0232260011180 IBF HOLDINGS II LLC • 33 29TH STREET END' • 34 0232260390001 :REFERENCE'ONLY 350232260010970 •CITY OF MIAMI BEACH ' 36 0232260010990 STEVEN STARR . 37 0232260390001 REFERENCE ONLY 38 28TH STREET END ' 39 0232260010910 SYDELL INDIAN CREEK LLC 40 0232260010920 SYDELL INDIAN CREEK LLC 41 27TH STREET END 42 02322600107-81 CITY OF MIAMI BEACH I 43'0232260460001 REFERENCE ONLY. ' 440232260420001 REFERENCE ONLY 45 0232260330001 REFERENCE ONLY . I 46 0232260010751 CITY OF MIAMI BEACH I j Page 505 of 692 i 0 • 47 0232260010660 S TELLER&EFEKTA INSTITUTE FI-I , a 43 25TH STREET END 49 0232260240001 REFFRE_NCE.ONLY • • 50 0232260010641 COMO TRAYMORE LLC 51 0232260140001, REFERENCE ONLY 52:0232260010636—ABLAZE PROPERTIES INC • • • • • • I � I I Page 506 of 692 7 Exhibit B--a blank example of quit claim deed This instrument prepared by,or under the supervision of (and atter recording,return to): i Name; Eve A.Boutsis • . Address; City of Miami Beach • 1700 Convention Center Drive • Fourth Floor Miami Roach,FL 33139 • 's° peservocl for Clerk of Court) x ell--7: - _.,—^—=rr,,Y r �yT T ,F��',�L, . i V 111T`F..1.{( C arr4 EED ��� . • 1s i t .A. I. THIS QUIT-CLAIM DEED, made �"aAof 1:his• day�«3 .. , 201.6 (the • Effective Date), by P.. , d address Is whose q� fiirs{?') uity, In its J.legislative capacity,.to the City of•,'+l` J,3eaoh, 17 0 l5 ®x:ention Center DA ;Miami Beach, • Florida second art in its ro rietai a. � � , . party, p .p a;,'toy t. ,�, , ki . (Wherever used horela the terms First p l , nd s c k rty shale a singular and plural,heirs, . . legal re)resontatives i 1 ns of fndi, en .: coosso>m jt assigns of corporations 8 1 ,� 4 3' g ials wherovor the cont e,2,0 t jluhes),I' +�•t ' 4 . f SSE gat the . .d first lot and in 'c nsidoration. of the sum of TEN . bJ• a wiTNr, el.� :' • i DO LARS and other go nd uA. tale cony id on ($10,00) in hand paid by the said second • party, the ' ,, s kereo` 1 Q'•�;,q'; `h`„ ledg6 .,, oes hereby remise, release and quit-claim unto tlz , a ' �'b pal�m<<r. four all •th' •a {t�;lntarest, claim and demand which the said t I first p .1(-_4{`as in and `o l r,p.follo•i;,:;r.describ J perty being situated in Miami-Dade County, Florida,' �d.egally•descr' 41�,s fo . ;�,� .• :.2„�t7, Se 9, •ached htbtt`�A” (the Property) - 3. TO HA)/ION,• TO the r LD the same together with all the tenements, hereditaments � and appurtenances the•`i• 0 1 V ging• • f 1N WITNESS WITI�`tEOir,the said first party has signed and sealed these presents the . day and year first above written, , • • • , • • J I 1 1 • Page 507 of 692 J s 1 Exhibit B--a blank example of quit claim deed Signed.,scaled and delivered in the presence of: j Witnesses: w • . Print Na 13y, __ .3x`f , Name: • . ,All'iq. Print Name: 4, 4.V ' • STATE OF .._.) i, 4-14,,,, ON Rt CO , ,,,, , ;E? ;\ ,i a 141.0.0 1�*,; • I �tS ��r„ ¢ 3 6(', The foregoing instrunnent' `;� g', �aela1owlec�'., z before me this day of _, 2016 by ' ` " ti '''Al „ who is personally known.to me ;-- ' 4,..• tl or who has produced, a�<a s 1 . • ,� � on ati"� ����}(did not)take an oath. s� br s My Commission Exi$�z : , ,0:0 of r ?,. • State of • r r' 'a•.��j,ah ,d0,4.'*-'1. '"4*,. 14trk. litlfr ''' 44, , '0,k4 a �1 j I S.,y;,+p i . ab . I ii j . 2 i ' Page 508 of 692 i.