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
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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
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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 ��� .
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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 ($10,00) in hand paid by the said second •
party, the ' ,, s kereo` 1 Q'•�;,q'; `h`„ ledg6 .,, oes hereby remise, release and quit-claim
unto tlz , a ' �'b pal�m<<r. four all •th' •a {t�;lntarest, claim and demand which the said
t I
first p .1(-_4{`as in and `o l r,p.follo•i;,:;r.describ J perty being situated in Miami-Dade County,
Florida,' �d.egally•descr' 41�,s fo . ;�,� .•
:.2„�t7, Se 9, •ached htbtt`�A” (the Property) -
3.
TO HA)/ION,• TO the r LD the same together with all the tenements, hereditaments
� and appurtenances the•`i• 0 1 V ging• •
f 1N WITNESS WITI�`tEOir,the said first party has signed and sealed these presents the .
day and year first above written, ,
• •
•
,
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Page 507 of 692 J
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1
Exhibit B--a blank example of quit claim deed
Signed.,scaled and delivered
in the presence of:
j Witnesses: w
• .
Print Na 13y, __ .3x`f ,
Name:
•
. ,All'iq.
Print Name: 4, 4.V '
•
STATE OF .._.) i, 4-14,,,,
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The foregoing instrunnent' `;� g', �aela1owlec�'., z before me this day of
_, 2016 by ' ` " ti '''Al „ who is personally known.to me
;-- ' 4,..• tl
or who has produced, a�<a s 1 .
• ,� � on ati"� ����}(did not)take an oath.
s� br s
My Commission Exi$�z : , ,0:0 of r ?,. • State of
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Page 508 of 692
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