Resolution 2023-32739RESOLUTION NO. 2023-32739
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 A NON-EXCLUSIVE, PERPETUAL
EASEMENT IN FAVOR OF THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT), IN THE FORM ATTACHED TO THIS RESOLUTION
AS COMPOSITE EXHIBIT "1 "; SAID EASEMENT CONTAINING AN EASEMENT
AREA OF APPROXIMATELY 536 SQUARE FEET, LOCATED ADJACENT TO
THE INTERSECTION OF INDIAN CREEK DRIVE AND W 41ST STREET, LYING
WITHIN A PORTION OF THAT CERTAIN UNNUMBERED OUT -LOT, LYING
WESTERLY OF AND OPPOSITE TO LOTS 16 AND 17, BLOCK 36, OF THE
AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 5, AT PAGES 7 AND 8, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, AS MORE PARTICULARLY DESCRIBED IN THE
EASEMENT, FOR THE PURPOSE OF CONSTRUCTING, INSTALLING AND
MAINTAINING A SIGNAL MAST ARM, FOUNDATION, AND SIGNALIZATION
HARDWARE.
WHEREAS, the Florida Department of Transportation (FDOT) is performing roadway
improvements along SR A1A/ Collins Avenue, from 44th Street to the 4700 Block, and along Indian
Creek Drive, from 41 st Street to 44th Street (the "Project"), set to start in September 2024; and
WHEREAS, in addition, on September 14, 2022, the City Commission approved Resolution
2022-32294, requesting that FDOT pursue the design and implementation of dual southbound
turning lanes along Indian Creek, onto westbound 41St Street, as part of this FDOT Project; and
WHEREAS, FDOT determined that the implementation of the dual right turning lanes would
cause some of the proposed roadway components to fall outside of the FDOT right of way and onto
a City -owned parcel; and
WHEREAS, FDOT is requesting that the City approve a non-exclusive, perpetual easement
("Easement"), containing an easement area having approximately 536 square feet ("Easement
Area"), located on City -owned property, located adjacent to the intersection of Indian Creek Drive
and W 41s' Street, for the purpose of constructing, installing, and maintaining a signal mast arm,
foundation, and signalization hardware by FDOT and/or its contractors; and
WHEREAS, the proposed Easement Area will be lying within a portion of that certain
unnumbered out -lot lying westerly of and opposite to Lots 16 and 17, Block 36, of the AMENDED
PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,
according to the Plat thereof, as recorded in Plat Book 5, at Page 7 and 8 of the Public Records of
Miami -Dade County, as more particularly described in the proposed Easement; and
WHEREAS, the City has reviewed the documents provided by FDOT and has determined
the City's property interests are not adversely affected, and that the installation of the mast arm
would serve an important public transportation purpose; therefore, the City Manager recommends
approving the execution of the Easement in favor of FDOT, a copy of which is attached hereto as
Composite Exhibit "1 ".
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 a non-exclusive, perpetual
easement in favor of the Florida Department of Transportation (FDOT), in the form attached to this
Resolution as composite Exhibit "'I"; said Easement containing an Easement Area of
approximately 536 square feet, located adjacent to the intersection of Indian Creek Drive and W
41 sc Street, lying within a portion of that certain unnumbered out -lot, lying westerly of and opposite
to Lots 16 and 17, Block 36, of the AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF
THE MIAMI BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as recorded in
Plat Book 5, at Pages 7 and 8, of the Public Records of Miami -Dade County, as more particularly
described in the Easement, for the purpose of constructing, installing and maintaining a signal
mast arm, foundation, and signalization hardware.
PASSED and ADOPTED THIS 13 day of JCT, 2023.
ATTEST:
SEP - 2 0 2023
CITY CLERK MAYOR
INORP DRA ED.` '
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney*T Date
DocuSign Envelope ID: 342160F0-D53A-4FF7-AFEB-BC32A4E17015
07-PE.13
This instrument prepaz
or under the direction c f, tr
Alicia Trujillo, Esq.
District Six Chief Counsel s
Document prepared by: M
UF
State of Florida
Department of Transportation
1000 N.W. 1 l 1 tl Avenue
Miami, Florida 33172
June 5, 2023
Parcel No. : 800.1R.(9/11/2023)RTB
Item/Segment No. : 443931-1
Managing District : 6
Parcel Folio : 02-3226-001-2050
PERPETUAL EASEMENT
THIS EASEMENT Made the day of 120 , by CITY OF MIAMI BEACH, a
municipal corporation, 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
consideration paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its
successors and assigns, a non-exclusive perpetual easement in, over, under, upon and through Parcel 800, which is
described below, for the purpose of constructing, installing, and maintaining a signal mast arm, foundation, and
signalization hardware.
Parcel 800 F.P. No. 443931-1
A portion of that certain unnumbered out -lot lying Westerly of and opposite to Lots 16 and 17, Block 36, AMENDED
PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to
the Plat thereof, as recorded in Plat Book 5, at Page 7 and 8 of the Public Records of Miami -Dade County, Florida being
more particularly described as follows:
COMMENCE at the intersection of Baseline of Survey for State Road AIA (Indian Creek Drive) as shown on the
F.D.O.T. Digital Right of Way Control Survey for S.R. AIA (Collins Avenue) prepared by Manuel G. Vera and
Associates, Reference FP No. 443931-1, and Baseline of Survey for State Road 112 (Arthur Godfrey Road/ 41 st Street),
THENCE North 22°50'16" East, along said Baseline of Survey for State Road A-1-A, for a distance of 49.18 feet;
THENCE North 67009'44" West, at right angles to the last described course, a distance of 85.05 feet to the West Right of
Way Line of Indian Creek Drive, and the POINT OF BEGINNING; THENCE North 22°50'16" East, along a line lying
West of and parallel to said Baseline of Survey for State Road A-1-A, for a distance of 44.36 feet; THENCE South
67°09'44" East, at right angles to the last described course, a distance of 19.35 feet to the point of intersection with a
circular curve, along said West Right of Way Line of Indian Creek Drive, concave to the Northwest having as its elements
a radius of 90.00 feet, a central angle of 31 °11'42", a chord bearing of South 46°24'00" West, a tangent bearing through
said point bears South 30°48'09" West; THENCE Southwesterly, along the arc of said curve, for an arc distance of 49.00
feet to the POINT OF BEGINNING.
All of the foregoing lying in Section 23, Township 53 South, Range 42 East, City of Miami Beach, Miami -Dade County,
Florida and containing an area of 536 square feet more or less.
MB/AR/06/02/2023
Prepared by:
Biscayne Engineering Company, Inc. LB 0129
529 West Flagler Street, Miami, FL 33130
Tel (305) 324-7671, Fax (305) 324-0809
1 of 6
EXHIBIT "1"
DocuSign Envelope ID: 342160F0-D53A-4FF7-AFEB-BC32A4E17015
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.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name by its City
Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written.
ATTEST: CITY OF MIAMI BEACH,
a municipal corporation
Its City Clerk
By:
Alina T. Hudak
Its City Manager
Address
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of [] physical presence or [] online notarization,
this day of 20 , by Alina T. Hudak, City Manager, who is personally known to me
or who has produced as identification.
Notary Stamp
(Signature of person taking acknowledgment)
(Type, print or stamp name under signature)
Title or rank and serial number, if any:
2 of 6
DocuSign Envelope ID: 342160F0-D53A-4FF7-AFEB-BC32A4E17015
EXHIBIT "A"
PARCEL 800
GENERAL NOTES:
THIS IS NOT A SURVEY
Bearings shown hereon are relative to the Baseline along State Road AlA (Indian Creek
Drive), having a bearing of N 22°50'16" W and are based on the Digital Right of Way
Control Survey for S.R. AlA (Collins Avenue) provided by F.D.O.T. and prepared by Manuel
G. Vera and Associates. Reference FP No. 443931-1.
Bearings and distances are calculated unless noted.
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.
- This document consists of four (4) sheets and shall not be considered full, valid, and
complete unless each sheet is attached to the other.
- Biscayne Engineering reviewed the Title Search Report prepared by American Government
Services Corporation, Number: 32385, certified through April 26, 2023 at 8:00 a.m. Matters
affecting the Subject Property (if any) have been shown hereon.
- Not valid without the original signature and seal of a Florida Licensed Surveyor and
Mapper.
- 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
Statutes.
REFERENCES:
- Digital Right of Way Control Survey for S.R. AlA (Collins Avenue) accompanied by a Surveyor's Report
provided by F.D.O.T. and prepared by Manuel G. Vera and Associates. Reference FP No. 443931-1.
- Record Plat.
LEGEND:
� - Baseline
C.B. - Chord Bearing
(� - Centerline
Parcel Identification
soo Number
D.B. Deed Book
E. - East
ESMT - Easement
EXIST. - Existing
F.D.O.T.-Florida Department
of Transportation
F.P. - Financial Project
L - Length
LT - Left
N. - North
NO. - Number
O.R.B. - Official Records Book
P.B. - Plat Book
PG. Page
P.O.T.- Point of Termination
B.E C. 03-87703
DWG# 2633-SS-08
PNC - Project Network Control
R - Radius
RGE.- Range
R/W - Right -of -Way
S. - South
SEC. - Section
STA. - Station
SQ. FT. - Square Feet
S.R. State Road
BISCAYNE ENGINEERING COMPANY, INC.
T.B. - Tangent Bearing
529 W. FLAGLER ST, MIAMI, FL 33130
TWP. Township
TEL. (305) 324-7671
P.O.B. Point of Beginning
STATE DEPARTMENT.OF AGRICULTURE
P.O.C. - Point of Commence
CERTIFICgTE� OF:AUTHORIZATION LB0129
(P) Plat
S.R. State Road
_
W. West
A Delta
1`
DATE: 06 10712023
MIKE BARTH*OLOME: , PSM, FOR THE FIRM
THIS IS NOT
PROFESSIONA'L"SURVEYOR AND MAPPER
A SURVEY
FLORIDA LICENSE NO. 5666
FLORIDA DEPARTMENT OF TRANSPORTATION
-- — - SKETCH TO ACCOMPANY LEGAL DESCRIPTION
— — STATE ROAD NO. AlA MIAMI-DADE COUNTY
- — - - PREPARED RY 9 SCAYNE ENGINEERWG COMPANY, Inc DATA SOURCE: BY DATE 529 W FLAGLER STREET
NIAMI FLORIDA 33130 SEE GENERAL NOTES
TEL 305324/6/1 L90129
DRAWN G.P. 05/19/2023
Re•ns:Ov aY :,all c:-ILCKED Lv. 0511912023 F.P. NO. 443931-1 SECTION 87060 SHEET 1 OF 4
3 of 6
DocuSign Envelope ID: 342160F0-D53A-4FF7-AFEB-BC32A4E17015
Legal Description (Parcel 800):
A portion of that certain unnumbered out -lot lying Westerly of and opposite to Lots 16
and 17, Block 36, AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAM1
BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as recorded in Plat
Book 5, at Page 7 and 8 of the Public Records of Miami -Dade County, Florida being
more particularly described as follows:
COMMENCE at the intersection of Baseline of Survey for State Road AlA (Indian Creek
Drive) as shown on the F.D.O.T. Digital Right of Way Control Survey for S.R. AlA
(Collins Avenue) prepared by Manuel G. Vera and Associates, Reference FP No.
443931-1, and Baseline of Survey for State Road 112 (Arthur Godfrey Road/ 41st
Street), THENCE North 22050'16" East, along said Baseline of Survey for State Road
A-1-A, for a distance of 49.18 feet; THENCE North 67009'44" West, at right angles to
the last described course, a distance of 85.05 feet to the West Right of Way Line of
Indian Creek Drive, and the POINT OF BEGINNING; THENCE North 22°50'16" East, along
a line lying West of and parallel to said Baseline of Survey for State Road A-1-A, for a
distance of 44.36 feet; THENCE South 67°09'44" East, at right angles to the last
described course, a distance of 19.35 feet to the point of intersection with a circular
curve, along said West Right of Way Line of Indian Creek Drive, concave to the
Northwest having as its elements a radius of 90.00 feet, a central angle of 31011'42",
a chord bearing of South 46024'00" West, a tangent bearing through said point bears
South 30°48'09" West; THENCE Southwesterly, along the arc of said curve, for an arc
distance of 49.00 feet to the POINT OF BEGINNING.
All of the foregoing lying in Section 23, Township 53 South, Range 42 East, City of
Miami Beach, Miami -Dade County, Florida and containing an area of 536 square feet
more or less.
THIS IS NOT
A SURVEY
This document consists of four (4) sheets and shall not be considered full, valid, and complete
unless each sheet is attached to the other.
FLORIDA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
STATE ROAD NO. AIA MIAMI-DADE COUNTY
---- -- PREPARED BY 81SCw FNGIwFFR: FIG CDFIR .Inc DATA SOJRCE
BY DATE 529 W FIAG STREET
. _ M 1 flmN 33130 SEE GENERAL NOTES
IEL 30532/1611 LB0129
DRAWN G.P. 05/19/2023
REVMON BY DATE CHECKED I.M. 05/1912023 F.P. NO. 443931-1 SECTION 87060 SHEET 2 OF 4
4 of 6
DocuSign Envelope ID: 342160F0-D53A-4FF7-AFEB-BC32A4E17015
LOCATION SKETCH
CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FL.
SECTION 23 TOWNSHIP 53 S., RANGE 42 E.
AMENDED PLAT OF THE OCEAN FRONT
PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY
P.B. 5, PG 7 & B
�N
�
v A
p 2 18th 0! STREET
�100 PSTREET (p)
?i�/ <v Y Q () -
SE !via 14 100'(P) a
SFTAlt A 0 �J ho a , 13 b
EET 4 800 �. - J' 0� 15
--�N�6aI • iGti =��. 2�N; 36 12
SR 1�2S"W • QS,-¢ 16
41st S112
6SrA. 73 �rRES.
36.22 2
ARTHUR ',j o 1187
GO .rRe j2 ,'24 R=20'NLz.7 601�2_D ?3gP)»1-10 f�� 17th - 1_ ---
a_ i
Ion'to, Qf
40th STREET
16th STREET (p)
RWC1
A=87'21'57"
L-137.23'
R=90.00'
C.B.=N60'07'36"E
RWC2
NOTES: 0=06°23'59" L=87.16'
(*) AS SHOWN ON F.D.O,T, DIGITAL R/W CONTROL SURVEY FOR S.R, R=780,34'
AlA (COLLINS AVENUE) ACCOMPANIED BY A SURVEYOR'S REPORT C.B.=N79'20'12"W
PROVIDED BY F.D.O.T. AND PREPARED BY MANUEL G. VERA AND
ASSOCIATES. REFERENCE FP NO. 443931-1. 0 50 100
This document consists of four (4) sheets and shall not be considered THIS I5 NOT
full, valid, and complete unless each sheet is attached to the other. A SURVEY Scale: 1' — 100'
FLORIDA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
STATE ROAD NO. AIA MIAMI-DADE COUNTY
PREPARED BY MSCA"E ENGINEERING COMPANY, 1M lI DATA SOJRCE
BY DATE 529 W FIAfJFR STREET
�I MUWI FLOMM 33130 SEE GENERAL NOTES
i
DRAWN G.P. I,OS/19R023 EL 305-324-2671 L80129
REVISMN BY DATE CHECKED I.M. 05n9/2023i F.P. NO. 443931-1 SECTION 87060 SHEET 3 OF 4
5 of 6
DocuSign Envelope ID: 342160F0-D53A-4FF7-AFEB-BC32A4E17015
w
N
Nt
ui
0
elf
In
m
In
a
cri
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w
DETAIL "A"
CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FL
SECTION 23 TOWNSHIP 53 S., RANGE 42 E.
4U /
Q SEE
DETAIL 800
Z' BELOW
O /
2
P.O.B.
A 85os��
RTHUR (;0 SA
112\
RD
0 15 30
Sc®
1"=30'
/ 4 1st
S7- Cb AMENDED PLAT OF THE
N7 REET h OCEAN FRONT PROPERTY
6°I1'ZS„w 234 ry� a OF THE MIAMI BEACH
= IMPROVEMENT COMPANY
SrA.734- - P.O.C. P.B. 5, PG 7 & 8
36• Z2
L1 C1
N22°50'16"E A=31'11'42"
�2
44.36' L=49.00'
74+2�
R=90.00'
85.051T
/(j8o�o
S67'09'44"E C.B.=S46"24'00"W
19.35
NOT TO SCALE
74+29.76
65.70'LT
v
NOTES:
(*) - AS SHOWN ON F.D.O.T DIGITAL
R/W CONTROL SURVEY FOR S R AIA
P,O,B,
(COLLINS AVENUE) ACCOMPANIED BY A
73+85.40
SURVEYOR'S REPORT PROVIDED BY
85.051T
F.D.O.T. AND PREPARED BY MANUEL G
THIS [S NOT
VERA AND ASSOCIATES, REFERENCE FP
A SURVEY
NO. 443931 1.
This document consists of four
(4) sheets and shall not be
PARCEL NO.1
OWNER'S NAME
PARC
800
CITY OF
MIAMI BEACH
536
REVISION
EL AREA REMAINDER COMMENTS considered full, valid, and
5Q. FT. complete unless each sheet is
attached to the other.
FLORIDA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
STATE ROAD NO. AIA
BY DATE
DRAWN G.P. 05/19/202
9Y DATE CHECKED I I.V. 05/191202
MIAMI-DADE COUNTY
Y
PREPARED BY 01SC FHGI"NFERING COMPANY, IM DATA SOURCE
5]9 W FLAGIE IT—
Nuri ILW0 33130 SEE GENERAL NOTES
TEL 305 324 2611 LB0129
F.P. NO, 443931-1 SECTION 87060 1 SHEET 4 OF 4
6 of 6
Reso;ions - C7 P
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: September 13, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A PERPETUAL EASEMENT AND
RELATED DONATION OF PROPERTY TO THE FLORIDA DEPARTMENT
OF TRANSPORTATION (FDOT), IN THE FORM ATTACHED TO THIS
RESOLUTION AS COMPOSITE EXHIBIT "1", IN FAVOR OF FDOT, SAID
EASEMENT HAVING APPROXIMATELY 536 SQUARE FEET, LOCATED AT
THE NORTHWEST CORNER OF INDIAN CREEK DRIVE AND 41ST
STREET, TO ALLOW FOR THE CONSTRUCTION, INSTALLATION AND
MAINTENANCE OF A SIGNAL MAST ARM, FOUNDATION, AND
SIGNALIZATION HARDWARE SAID EASEMENT WILL BE LYING WITHIN
A PORTION OF THAT UNCERTAIN UNNUMBERED OUT -LOT LYING
WESTERLY OF AND OPPOSITE OF LOTS 16 AND 17, BLOCK 36,
AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI
BEACH IMPROVEMENT COMPANY, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 8 OF PUBLIC
RECORDS OF MIAMI-DADE COUNTY.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/H I STORY
The Florida Department of Transportation (FDOT) is performing roadway improvements
along SR A1A/Coilins Avenue, from 44th Street to the 4700 Block, and along Indian Creek
Drive, from 41st Street to 44th Street, set to start in September 2024. The project consists of
repaving and restriping the roadway and reconstructing damaged sidewalks.
In addition, on September 14, 2022, the City Commission approved Resolution 2022-32294 to
implement dual southbound turning lanes along Indian Creek onto westbound 41 st Street and
requested FDOT to design and constrict it. This will cause some of the proposed roadway
components fall outside the FDOT right of way and onto the City -owned parcel.
FDOT is requesting the City to approve the donation of a portion of this City -owned parcel to
Page 694 of 2938
FDOT as a perpetual easement containing approximately 536 square feet in area, to allow for
the maintenance of all the elements constructed by FDOT and/or its contractors.
Said easement will be lying within a portion of that certain unnumbered out4ot lying Westerly of
and opposite to tots 16 and 7, block 36, amended map of the Ocean Front Property of the
Miami Beach Improvement Company, according to the plat thereof, as recorded in Plat Book 5,
at Page 8 of public records of Miami -Dade County.
The City has reviewed the documents provided by FDOT and has determined the City's
property interests are not adversely affected and therefore recommends approving the
execution of the permanent easement.
SUPPORTING SURVEY DATA
Results from the 2022 Resident Survey related to the City's perception and satisfaction show
an overall approval of 67.4%, and rated the City as a good place to live.
No funding required.
CONCLUSION
The Administration recommends approving the Resolution.
Applicable Area
Middle Beach
is •.•i_ ► •�
No
Strategic Connection
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality
entertainment destination.
Legislative Tracking
Public Works
Sponsor
Commissioner Alex Femandez
ATTACHMENTS:
Description
o FDOT Roadway Plans, Sketch
o DRAFT RESO
Page 695 of 2938
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