2017-29982 ResolutionRESOLUTION NO. 2017 -29982
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AN
AMENDMENT TO THE APPROVAL GRANTED TO THE CITY
MANAGER, PURSUANT TO RESOLUTIONS 2016 -29584 AND
2017 -29749 (AND AS FURTHER AUTHORIZED BY ACTION OF
THE CITY COMMISSION ON MAY 17, 20 17), SO THAT THE
MANAGER CAN ACCEPT THE TRANSFER TO THE CITY, VIA
QUIT CLAIM DEED, EASEMENT AGREEMENT, OR CROSS -
EASEMENT AGREEMENT, OF THE LAND ADJACENT TO THE
SEAWALL ALONG INDIAN CREEK DRIVE BETWEEN 23RD
STREET AND 26TH STREET, SO THAT THE CITY AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAY
EXTEND 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 FROM 41ST STREET THROUGH 23RD STREET
(EXTENDING THE ORIGINAL AUTHORIZATION BY ADDING THREE
ADDITIONAL BLOCKS BETWEEN 26 STREET AND 23RD STREET).
WHEREAS, on September 27, 2016, the City Commission adopted Resolution 2016-
29584, which authorized the City Manager to accept the transfer to the City, via quit claim
deeds, of approximately 4,000 linear feet of seawall along Indian Creek Drive from the Private
Property Owners adjacent to Indian Creek Drive, so that the City and the Florida Department of
Transportation (FDOT) may undertake the construction of a 5.7 NAVD elevation seawall barrier
wall to improve street drainage and raise the road elevation for Indian Creek Drive between 26th
and 41st Streets; and
WHEREAS, thereafter, on February 8, 2017, the City Commission adopted Resolution
2017- 29749, which authorized the City Manager to accept quit claim deeds with an easement
agreement, providing the upland property owners the ability to build a dock, or similar structure,
in the future, on the water -ward side of the seawalls; and
WHEREAS, on May 17, 2017, the Mayor and City Commission, during the discussion on
Item R9N, of the agenda, authorized the City Manager to also allow the city to accept cross -
easement agreements, rather than quit claim deeds, in order to complete the seawall project
along Indian Creek Drive between 26th Street and 41st Street; and
WHEREAS, the City Manager and Public Works Department would like to extend the
above authorizations provided to the City Manager to accept quit claim deeds, deeds with an
easement to the upland owner to build a dock, or cross- easement agreements, for the area
along Indian Creek Drive between 26th Street and 23rd Street; and
WHEREAS, such authorization would allow the City to construct a 5.7 NAVD elevation
seawall barrier wall to improve street drainage and raise the road elevation for Indian Creek
Drive through to 23rd Street.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City
Commission, authorize an Amendment to the approval granted to the City Manager, pursuant to
Resolutions 2016 -29584 and 2017 -29749 (and as further authorized by action of the City
Commission on May 17, 20917), so that the City Manager can accept the transfer to the City,
via quit claim deed, easement agreement, or cross- easement agreement, of the land adjacent
to the seawall along Indian Creek Drive between 23rd Street and 26th Street, so that the City
and The Florida Department Of Transportation (FDOT) may extend 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 from 41st Street through 23rd Street (extending the original
authorization by adding three additional blocks between 26 Street and 23rd Street).
PASSED AND ADOPTED this fit( day of September, 2017.
ATTEST:
Philip ,iir 6'' ayor
Rafael . Granado, City C erk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4,50
N
City A orney 4,� Date
T:\AGENDA\2017 \9 - September \Public Works \resolution Indian creek drive quit claim deeds and easement to 23 street revised 8.17.2017.docx
M
BEACH
Resolutions - C7 H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 13, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING AN AMENDMENT TO THE APPROVAL
GRANTED TO THE CITY MANAGER, PURSUANT TO RESOLUTIONS 2016 -29584
AND 2017 -29749 (AND AS FURTHER AUTHORIZED BY ACTION OF THE CITY
COMMISSION ON MAY 17, 2017), SO THAT THE MANAGER CAN ACCEPT THE
TRANSFER TO THE CITY, VIA QUIT CLAIM DEED, EASEMENT AGREEMENT,
OR CROSS- EASEMENT AGREEMENT, OF THE LAND ADJACENT TO THE
SEAWALL ALONG INDIAN CREEK DRIVE BETWEEN 23RD STREET AND 26TH
STREET, SO THAT THE CITY AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) MAY EXTEND THE CONSTRUCTION OF A5.7 NAVD
ELEVATION SEAWALL BARRIER WALL, WHICH WOULD IMPROVE STREET
DRAINAGE, AND RAISE THE ROAD ELEVATION FOR INDIAN CREEK DRIVE
FROM 41ST STREET THROUGH 23RD STREET (EXTENDING THE ORIGINAL
AUTHORIZATION BY ADDING THREE ADDITIONAL BLOCKS BETWEEN 26
STREET AND 23RD STREET).
RECOMMENDATION
The Administration recommends approving the Resolution.
ANALYSIS
On September 27, 2016, the City Commission adopted Resolution 2016- 29584, which authorized the
City Manager to accept the transfer to the City, via quit claim deeds, of approximately 4,000 linear
feet of seawall along Indian Creek Drive from the private property owners adjacent to Indian Creek
Drive, so that the City and the Florida Department of Transportation (FDOT) may undertake the
construction of a 5.7 NAVD elevation seawall barrier wall to improve street drainage and raise the
road elevation for Indian Creek Drive between 26th and 41st Streets.
On February 8, 2017, the City Commission adopted Resolution 2017 - 29749, which authorized the
City Manager to accept quit claim deeds with an easement agreement, providing the upland property
owners the ability to build a dock, or similar structure, in the future, on the water -ward side of the
seawalls.
On May 17, 2017, the Mayor and City Commission discussed Item R9N in the agenda, which also
authorized the City Manager to allow the City to accept cross- easement agreements, rather than quit
claim deeds, in order to complete the seawall project along Indian Creek Drive between 26th Street
and 41st Streets.
Page 442 of 2353
The City Manager and Public Works Department would like to extend the above authorizations
provided to the City Manager to accept quit claim deeds, deeds with an easement to the upland
owner to build a dock, or cross - easement agreements, for the area along Indian Creek Drive
between 26th Street and 23rd Streets. Such authorization would allow the City to construct a 5.7
NAVD elevation seawall barrier wall to improve street drainage and raise the road elevation for Indian
Creek Drive through to 23rd Street.
CONCLUSION
The Administration recommends approving the Resolution.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
a UPDATED RESO
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