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Resolution 2022-32293 RESOLUTION NO. 2022-32293 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE, IN THE FORM ATTACHED TO THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION, A UTILITY EASEMENT AGREEMENT WITH BELLA ISLA, LLC ("OWNER" AND "GRANTOR"); SAID AGREEMENT GRANTING THE CITY A PERPETUAL, NON-EXCLUSIVE EASEMENT, CONTAINING AN EASEMENT AREA OF APPROXIMATELY 1,125 SQUARE FEET, LYING IN SECTION 33, TOWNSHIP 53 SOUTH, RANGE 42 EAST, IN A PORTION OF TRACT A OF LARKMI, ACCORDING TO THE PLAT THEREOF, ' RECORDED IN PLAT BOOK 41, AT PAGE 68, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN ORDER TO INSTALL, ACCESS, OPERATE, MAINTAIN, REPAIR, REPLACE AND UPGRADE UNDERGROUND UTILITIES IN CONNECTION WITH THE REPLACEMENT OF THE EXISTING WATER MAIN BETWEEN BELLE ISLE AND DADE BOULEVARD. WHEREAS, Bella Isla, LLC, a Florida limited liability company ("Grantor" or"Owner"), owns the property located at 31 Venetian Way, Miami Beach, FL 33139 (the "Property"), within the City's municipal jurisdiction; and WHEREAS, the Grantor desires to grant the City ("Grantee") a perpetual, non-exclusive easement containing approximately 1,125 square feet(the"Easement")in order for the City to access, construct, install, operate, maintain, repair, replace and upgrade underground public water and sewer facilities in the Easement Area described in Exhibit A to the proposed Utility Easement Agreement; and WHEREAS, the City is responsible for the maintenance and operation of all water and sewer infrastructure within City limits; and WHEREAS, this Easement will provide a route for the replacement of the existing water transmission main between Belle Isle and Dade Boulevard while avoiding a conflict between the newly installed main and the bridge re-construction project currently in design by Miami Dade County Department of Transportation and Public Works; and WHEREAS, based upon the foregoing, the City Manager recommends executing the Utility Easement Agreement, in the form attached to the City Commission Memorandum accompanying this Resolution. 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 City Manager and City Clerk to execute, in the form attached to the City Commission Memorandum accompanying this Resolution, a Utility Easement Agreement with Bella Isla, LLC ("Owner" and "Grantor"); said Agreement granting the City a perpetual, non-exclusive Easement, containing an Easement Area of approximately 1,125 square feet, lying in Section 33, Township 53 South, Range 42 East, in a portion of Tract A of LARKMI, according to the Plat thereof, recorded in Plat Book 41, at Page 68, of the Public Records of Miami-Dade County, Florida, in order to install, access, operate, maintain, repair, replace and upgrade underground utilities in connection with the replacement of the existing water main between Belle Isle and Dade Boulevard. PASSED and ADOPTED this fCI day of Qpk41, 1972022. ATTEST: .,--0.ftr„,4 , 2-21------ V 14".•••' v y, Op O���Fj�� \ s Dan Gelber, Mayor / "a d'.IRRCORPiNATED Rafael E. Granado, City Clerk ' cy'26,'`,- SEP 2 1 2022 • • APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION r?'-- a.u.-1.1. City Attorney/�J " 1 Date Resolutions-C7 X MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: September 14,2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE, IN THE FORM ATTACHED TO THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION, A UTILITY EASEMENT AGREEMENT WITH BELLA ISLA, LLC ("OWNER" AND "GRANTOR"); SAID AGREEMENT GRANTING THE CITY A PERPETUAL, NON-EXCLUSIVE EASEMENT, CONTAINING AN EASEMENT AREA OF APPROXIMATELY 1,125 SQUARE FEET, LYING IN SECTION 33, TOWNSHIP 53 SOUTH, RANGE 42 EAST, IN A PORTION OF TRACT A OF LARKMI, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 41, AT PAGE 68, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN ORDER TO INSTALL, ACCESS, OPERATE, MAINTAIN, REPAIR, REPLACE AND UPGRADE UNDERGROUND UTILITIES IN CONNECTION WITH THE REPLACEMENT OF THE EXISTING WATER MAIN BETWEEN BELLE ISLE AND DADE BOULEVARD. RECOMMENDATION The Administration recommends accepting and executing the proposed perpetual easement from Bella Isla, LLC. BACKGROUND/HISTORY Bella Isla, LLC a Florida limited liability company is the ("Owner" and "Grantor")of the property located at 31 Venetian Way, Miami Beach, FL 33139 (the "Property"), within the City's municipal jurisdiction("Grantee"and the "City"). The Grantor desires to grant the City one perpetual easement containing approximately 1,125 square feet in order for the City to access, construct, install, operate, maintain, repair, replace and upgrade underground public water and sewer facilities in the area described in Exhibit A,attached hereto. The City is responsible for the maintenance and operation of all water and sewer infrastructure within City limits. This easement will provide a route for the replacement of the existing water transmission main between Belle Isle and Dade Boulevard while avoiding a conflict between the Page 531 of 1700 newly installed main and the bridge re-construction project currently in design by Miami Dade County Department of Transportation and Public Works. The Administration recommends the execution of the proposed utility easement. SUPPORTING SURVEY DATA Results from the 2022 Resident Survey regarding Satisfaction with Perceptions of the City show that 67.4%of residents rated the City as a great place to live. FINANCIAL INFORMATION No fiscal impact. CONCLUSION The Administration recommends accepting and executing the proposed perpetual easement from Bella Isla, LLC. Applicable Area South Beach Is this a"Residents Right Does this item utilize G.O. to know" item,pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Environment & Infrastructure - Reduce risk from storms, high tides, groundwater, and sea level rise. Legislative Tracking Public Works ATTACHMENTS: Description o Sketch and Legal Description o Draft agreement ❑ Resolution Page 532 of 1700 / 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION/ UTILITY EASEMENT LEGAL DESCRIPTION: That portion of Tract A of LARKMI, according to the Plat thereof, as recorded in Plat Book 41, Page 68 of the Public Records of Miami-Dade County, Florida lying in of Section 33,Township 53 South, Range 42 East, Miami-Dade County, Florida,more particularly described as follows: BEGINNING at the Southeast corner of Tract A of said LARKMI, thence run S 86°40'50" W along the Southerly line of said Tract A coinciding with the Northerly Right of Way of Venetian Way for a distance of 51.86 feet;thence leaving said Northerly Right of Way line, run N 03°19'10"W for a distance of 15.00 feet, thence run N 86°40'50" E along a line parallel with and 15.00 feet North of as measured at right angles to the South line the said Tract A for a distance 65.04 feet to the wet face side of the existing seawall; thence run S 36°56'46" E along the wet face of said seawall for a distance of 18.00 feet to a point coincident with the aforementioned Southerly line of Tract A, also being the Northerly Right of Way of Venetian Way;thence along said Southerly line S 86°40"50"W for a distance of 23.14 feet to the POINT OF BEGINNING. Containing 1,050 Square feet,more or less, more or less, by computations. • :THIS IS NOT A BOUNDARY SURVEY, NOTICE:This document consists of 3 pages and it is not valid,full and complete without all pages. LONGITUDE SURVEYORS 7769 NW 48TH STREET, SUITE 375, DORAL, FLORIDA 33166 • 1 t3 g)(itilgbz • FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM JOB No.22085.0.1 PAGE 1 OF 3 r SKETCH TO ACCOMPANY LEGAL DESCRIPTION/ 0 UTILITY EASEMENT GRAPHIC SCALE 20 0 '0 20 %!61_ (IN FEET) 4. 1 inch= 20 ft. .o,Q SC o.0 ,9 i B ti I'L c•rsd, 1- mac% '`), 9�- PORTION TRACT A 41,qF LARKMI S'� P.B. 41 PG.68 Ly9`1 3 N 86°40'50"E 65.04' : u:° b Vt.c r, EXISTING RAN BY b. g O tri F LARKMI 0 In P.B. 41 PG.68 O 23.14' - _ z S 86°40'50"W 51.86' S 86°40'50"W P.O.B. SE CORNER TRACT A b OF LARKMI o co O P.B.41 PG.68 AND O m SE CORNER LOT 28 OF BELLE ISLE AMDED • P.B.5 PG.11 _ _--C/L— ______ _ — — ' 86° S 40'50"W 60'RIGHT OF WAY VENETIAN WAY 0 0 `,) EXISTING RIW BY THE GRAND VENETIAN CONDOMINIUM I BELLE ISLE SO EAST � — — — P.B.53 PG.24 — — �- — _ L �r THE GRAND VENETIAN CONDOMINIUM LEGEND: NW=NORTHWEST SE=SOUTHEAST SW=SOUTHWEST P.B.=PLAT BOOK PG.=PAGE C/L=CENTERLINE R/W=RIGHT OF WAY O.R.B.=OFFICIAL RECORDS BOOK P.O.B.=POINT OF BEGINNING SEC.=SECTION :THIS IS NOT A BOUNDARY SURVEY NOTICE:This document is not valid,full and complete without all pages. LONGITUDE SURVEYORS L7769 NW 48TH STREET, SUITE 375, DORAL, FLORIDA 33166 * 120 S) 1861g: ��i ty • FAX • WWW.LONGITUDESURVEYORS.COM 9 JOB No.22085.0.1 PAGE 2 OF 3 C 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION/ UTILITY EASEMENT SURVEYOR'S NOTES: This is not a Boundary Survey. The Legal Description for the Proposed Easement was 0 generated at the behest of clients request. Bearings as shown hereon are based upon the centerline of Venetian Way,with an assumed bearing of S 86°40'50"W, said line to be considered a well established and monumented line. Is DATA SOURCES USED FOR THE PREPARATION OF THIS qiriT l II I 1\KE115 AI DOCUMENT: `„uuI_�N N4 1. LARKMI,according to the Plat thereof,as recorded in Plat ���1 III II �Q ,�4 Book 41,Page 68 of the Public Records of Miami-Dade �, `.!1 VIM re County,Florida. ,"""!"MI IIV % 2. Quit Claim Deed dated May 22nd,2019,recorded in n_II„'l ��# . Official Records Book 31481,Page 326;Miami-Dade u-„ �� County Records. �'• SECTION—' ji �rigi;.�� q l'll:f.J1 LIMITATIONS: I ��i:41_0 , G� Since no other information were furnished other than what is . =1 I —- cited above,the Client is hereby advised that there may be PROPOSED 18T��Ler �ee� � legal restrictions on the subject property that are not shown EASEMENT Pali on this Sketch or contained within this document that may be LOCATION P P lg • II found in the Public Records of Miami-Dade County,Florida or ==�rl ��.. In= s any other public and private entities as their jurisdictions may P `�•�• - . appear. %Ii�Z `A 110 irlt, VENETIAN WY ■ INN �=� SURVEYOR'S CERTIFICATE: , Ai■ ��� I I hereby certify:That this"Sketch to Accompany Legalill OLN R I I Description"and the Survey Map resulting therefrom was �■ ■�i; E. performed under my direction and is true and correct to the �Il'i;• �-' IN--- best of my knowledge and belief and further,that said Aui: !LIEF, ®= 13 "Sketch to Accompany Legal Description"meets the intent of `01I= Iwo ®® of the applicable provisions of the"Standards of Practice for AmIRII I _._. Land Surveying in the State of Florida",pursuant to Rule tsTiP1'P — 5J-17.053 of the Florida Administrative Code and its implementing law,Chapter 472.027 of the Florida Statutes. LONGITUDE SURVEYORS LLC.,a Florida Limited Liability Company Florida Certificate of Authorization Number LB7335 LOCATION MAP This item has been digitally signed by: N.T.S. rdo Digitally signed by Eduardo M Ed°6 M'So. Eduardo M Suarez Suarez 11 Date:2022.0805 13:2009-04'00' no.6313 * * • Eduardo M.Suarez,PSM i STATE OF Registered Surveyor and Mapper LS6313 °°,,, F`oR1oA +°°° State of Florida °�./a"rvsr b NOTE:Printed copies of this document are not considered official unless signed and sealed and for digital copies the signature must be verified. THIS IS NOT A BOUNDARY SURVEY NOTICE:This document consists of 3 pages and not valid,full and complete without all pages. LONGITUDE SURVEYORS 7769 NW 48TH STREET, SUITE 375, DORAL, FLORIDA 33166 • W711302 • FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM JOB No.22085.0.1 PAGE 3 OF 3 This instrument prepared by: Name: Gisela Nanson Torres Senior Assistant City Attorney Address: Office of the City Attorney 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 (Space reserved for Clerk) UTILITY EASEMENT AGREEMENT THIS GRANT OF A UTILITY EASEMENT AGREEMENT (the "Agreement") is made this day of ,2022("Effective Date"), between Bella Isla, LLC a Florida limited liability company, as owner and grantor, and its successors and assigns (hereinafter called "Grantor") and the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida (the"City"), as grantee, and its successors and assigns (hereinafter called "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of that certain improved real property located within the City's municipal jurisdiction, with a street address of 31 Venetian Way, Miami Beach, FL 33139, and more particularly described in EXHIBIT "A", attached hereto and made a part hereof (the "Grantor's Property"). WHEREAS, in connection with a water and sewer project that will benefit Grantor's Property and other surrounding properties, Grantor has agreed to convey to the City a perpetual, non- exclusive Easement (as defined in Section 2 below) for the City to access, construct, install, operate, maintain, repair, replace and upgrade underground public water and sewer facilities (collectively, the "City's Utilities Infrastructure"); and WHEREAS, on , the Mayor and City Commission adopted Resolution No. , authorizing the City Manager to accept this Easement(as defined in Section 2)on the Grantor's Property. NOW THEREFORE, for and in consideration of ten and no/100 dollars ($10.00) and other good and valuable consideration,the receipt of which is acknowledged,the parties hereby mutually covenant and agree as follows: GRANT OF EASEMENT 1. Recitals. The above recitals are true and correct and are hereby incorporated into this Agreement. 1 Page 536 of 1700 2. Consideration and Description. the Grantor,for and in consideration of the City's Utilities Infrastructure, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee, its licensees, agents, successors and assigns a perpetual, non-exclusive easement (the "Easement") on, over, and under a portion of Grantor's Property, as such property is more specifically described and delineated in EXHIBIT "B," attached hereto and made a part hereof(the "Easement Area") to access, construct, install, operate, maintain, repair, replace and upgrade the City's Utilities Infrastructure, together with the non-exclusive right of ingress, egress and regress on, over and through Grantor's Property for access to the Easement Area. 3. Uses. 3.1 The Grantee shall use the Easement and the Easement Area during the Term provided herein for the express purposes provided in Section 2 hereof, which will include, without limitation, use of the Easement Area for inspecting and performing work in connection with the construction, installation, operation maintenance repairs and replacement of the City's Utilities Infrastructure. Grantee may utilize the Easement Area without Grantor's prior written approval at any time or times. 3.2 The Grantor shall have the right to full use and enjoyment of Grantor's Property, except for such use as may unreasonably interfere with the exercise by the Grantee of the rights granted under this Agreement. Grantor shall be prohibited from obstructing Grantee's access to, or use of, the Easement Area. 4. Inspection. It is hereby agreed that any City official has the right, during normal business hours,to enter and investigate the use of the Grantor's Property to verify compliance with the conditions of this Agreement and the requirements of the City's Building, Public Works, Zoning and Land Development Regulations. 5. Term. The Easement and rights granted herein shall be perpetual and shall be possessed and enjoyed by the Grantee, its successors and assigns,for the purposes stated herein. 6. Maintenance. At all times during the Term, the City's Utilities Infrastructure shall remain property of the Grantee and Grantee, at its sole cost and expense, shall maintain the City's Utilities Infrastructure and shall make all repairs as deemed necessary by Grantee, in its reasonable discretion; provided, however, that Grantor shall be responsible for reimbursing Grantee for any damage caused by Grantor, its officers, employees, contractors, agents and invitees. The maintenance, repair and replacement of any other attachments installed within the Easement Area ("Third-Party Attachments"), excluding the City's Utilities Infrastructure, shall be the responsibility of the third party who installs the Third Party Attachments. In the event the City is required to perform repairs or improvements to the City's Utilities Infrastructure, the City, at its sole cost, shall be responsible for replacing/restoring any affected above ground landscape or hardscape to existing conditions. 7. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and shall be(as elected by the person giving such notice) hand-delivered by messenger or courier service; or mailed (airmail, if international) by registered or certified mail (postage prepaid), return receipt requested; or sent by any form of overnight mail service, addressed to: 2 Page 537 of 1700 AS TO GRANTOR: Bella Isla, LLC c/o Euroamerican Group, Inc., Manager Attention: President 407 Lincoln Rd, PH-N Miami Beach, Florida 33139 AS TO GRANTEE: City of Miami Beach Attn: City Manager 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 WITH COPIES TO: City of Miami Beach Attn: City Attorney 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: (i) on the date delivered if by personal delivery; (ii)on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (iii) on the day after mailing by any form of overnight mail service. 8. Miscellaneous Terms and Conditions 8.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of Grantee's Right of sovereign immunity. 8.2 Construction. For purposes of construction by a Court, the parties hereto acknowledge that both parties hereto participated in the drafting of this document. 8.3 Citv's Governmental Capacity/No Waiver of City Police Powers. Grantor confirms that it has full power and authority to grant this Easement. Nothing in this Agreement or in the parties' acts or omissions in connection herewith shall be deemed in any manner to waive, impair, limit, or otherwise affect the authority of the Grantee in the discharge of its police or governmental powers. 8.4 Remedies. An action to enforce the terms and conditions of this Agreement may be brought by the Grantee and may be, at law or in equity, against any party or person violating or attempting to violate any provision of this Agreement, either to restrain violations or to recover damages. 8.5 Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, Grantor and Grantee and their respective successors and assigns. 8.6 Entire Agreement; Modifications. This Agreement sets forth the entire agreement between the parties specifically relating to the subject matter of the Easement granted hereby and there are no other agreements or understandings between them relating to Grantee's use of the Easement Area. This Agreement may not be modified, released or terminated, except by agreement in writing executed by the parties hereto or their respective successors and/or assigns, and in the case of Grantee, approved by the Mayor and City Commission of the City of Miami Beach. 3 Page 538 of 1700 8.7 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court for the Southern District of Florida, if in federal court. 8.8 Grantor Representations. Grantor covenants, warrants and represents (i) that Grantor is the fee simple owner of Grantor's Property and has the right title and capacity to grant the perpetual Easement granted herein,and (ii)there are no lienholders on the Grantor's Property. 8.9 Easements and Covenants Run with the Land. Each and all of the easements, covenants, obligations and rights granted or created under the terms of this Agreement are appurtenant to Grantor's Property. 8.10 Recording. This Agreement shall be recorded in the Public Records of Miami-Dade County, Florida by Grantee at the cost of Grantor. TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever, and Grantor will defend the title to Grantor's Property against the lawful claims of all persons whomsoever. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 4 Page 539 of 1700 IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in its name on the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: BELLA ISLA, LLC c/o EUROAMERICAN GROUP, INC., Signature Manager Print Name By: Name: Ivan Gonzalez Ruiz Title: President Signature Print Name STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE ) The forgoing instrument was acknowledged before me by means of physical presence or_online notarization this day of , 2022, by Ivan Gonzalez Ruiz, as President of Euroamerican Group, Inc., a Florida corporation, as Manager of Bella Isla, LLC, a Florida limited liability company, on behalf of said corporation, who is personally known to me or produced as identification. Print Name: Notary Public, State of Florida My Commission Expires: [NOTARIAL SEAL] 5 Page 540 of 1700 IN WITNESS WHEREOF, the Grantee herein has caused these presents to be executed in its name on the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: CITY OF MIAMI BEACH, FLORIDA, a Signature municipal corporation of the State of Florida Print Name By: Name: Alina T. Hudak Title: City Manager Signature Print Name ATTEST: Signature Rafael E. Granado, City Clerk Print Name STATE OF FLORIDA )SS: COUNTY OF MIAMI-DADE ) The forgoing instrument was acknowledged before me by means of physical presence or_online notarization this_day of , 2022, by Alina T. Hudak, as City Manager, and Rafael E. Granado, as City Clerk, of the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf of said municipal corporation, who is personally known to me or produced as identification. Print Name: Notary Public, State of Florida My Commission Expires: [NOTARIAL SEAL] 6 Page 541 of 1700 Exhibit"A" Grantor's Property ALL OF LARKMI, a subdivision of EL Retiro, according to the Plat thereof, as recorded in Plat Book 41, at Page 68, of the Public Records of Miami-Dade County, Florida. 7 Page 542 of 1700 Exhibit"B" Easement Area F:Attotorg/Public Works/Forms/Utility Easement Template 5.26.2020 8 Page 543 of 1700