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Resolution 2023-32810RESOLUTION NO. 2023-32810 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 AND RELATED DOCUMENTS, PURSUANT TO FLORIDA STATUTES SECTIONS 337.25 AND 337.29, 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 DESCRIBED AS PARCEL 803 AND HAVING APPROXIMATELY 4,942 SQUARE FEET, LOCATED ALONG A PORTION OF THE CITY -OWNED PROPERTY KNOWN AS THE MIAMI BEACH BAYSHORE GOLF COURSE, ADJACENT TO STATE ROAD NO. 907/ALTON ROAD, LYING IN A PORTION OF THE NORTHWEST ONE -QUARTER (NW 14) OF SECTION 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST, AS MORE PARTICULARLY DESCRIBED IN THE EASEMENT, FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, AND MAINTAINING INTELLIGENT TRANSPORTATION SYSTEM IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO, DYNAMIC MESSAGE SIGNS, DYNAMIC MESSAGE SIGN SUPPORT STRUCTURES, CCTV CAMERAS, CONCRETE POLES, CONTROLLER CABINETS, PULL BOXES AND CONDUITS. WHEREAS, the Florida Department of Transportation (FDOT) is planning roadway improvements along State Road (SR) 907/Alton Road from Michigan Avenue to Ed Sullivan Drive/43 Street (the "Project"); and WHEREAS, work for the Project is expected to begin in the spring of 2025; and WHEREAS, in connection with the Project, FDOT is requesting that the City grant FDOT a non-exclusive, perpetual easement ("Easement"), containing an easement area of approximately 4,942 square feet ("Easement Area"), located along a portion of the City -owned property known as the Miami Beach Bayshore Golf Course, adjacent to State Road No. 907/Alton Road, for the purpose of constructing, installing, and maintaining intelligent transportation system improvements, including, but not limited to, dynamic message signs, dynamic message sign support structures, CCTV cameras, concrete poles, controller cabinets, pull boxes and conduits; and execute a Donation of Property form pursuant to Florida Statutes Sections 337.25 and 337.29, related to the transfer of this non-exclusive Easement to FDOT for use in connection with transportation purposes; and WHEREAS, the Easement Area, identified as Parcel 803, is lying in a portion of the Northwest one -quarter (NW '/4) of Section 27, Township 53 South, Range 42 East, as more particularly described in the proposed Easement; and WHEREAS, the City has reviewed all documents provided by FDOT and has determined that the City's property interests are not adversely affected and that the Easement would serve an important public purpose; therefore, the City Manager recommends approving the execution of the Easement in favor of FDOT and the associated documents, incorporated herein by reference and 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 and related documents, pursuant to Florida Statutes Sections 337.25 and 337.29, 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 described as Parcel 803 and having approximately 4,942 square feet, located along a portion of the City -owned property known as the Miami Beach Bayshore Golf Course, adjacent to State Road No. 907/Alton Road, lying in a portion of the Northwest one -quarter (NW'/4) of Section 27, Township 53 South, Range 42 East, as more particularly described in the Easement, for the purpose of constructing, installing, and maintaining intelligent transportation system improvements, including, but not limited to, dynamic message signs, dynamic message sign support structures, CCTV cameras, concrete poles, controller cabinets, pull boxes and conduits. PASSED and ADOPTED this 18 day of Wlf 2023. ATTEST: OCT 2 u 2023 RAF EL E. GRANADO, CITY CLERK DAN GELBER, MAYOR APPROVED AS TO FORM & LANGUAGE 6c FOR EXE TION -j,28-1-3 City Attorney -Wl-ET Composite Exhibit "I" Florida Department of Transportation RON DESANTIS 1000 NW I I P" Avenue JARED W. PERDUE, P.E. GOVERNOR Miami. FL 33172-5800 SECRETARY May 02,2023 City of Miami Beach Attn: Mr. Joe Gomez P.E. Public Works Director 1700 Convention Center Drive Miami Beach, FI 33139 SUBJECT: REQUEST FOR A PERPETUAL EASEMENT DONATION (SUBMITTED VIA EMAIL) Item/Segment No.: 429193-1 Managing District: 6 State Road No.: 907/Alton Road From Michigan Avenue to Ed Sullivan County: Parcel No. (s): Size: Folio No.: Property Location Dear Mr. Gomez, Drive/43 Street Miami -Dade 803 (Perpetual Easement) 4,942 SF, more or less 02-3227-000-0100 See attached Legal Description The Florida Department of Transportation (FDOT) is planning some improvements along State Road (SR) 907/Alton Road from Michigan Avenue to Ed Sullivan Drive/43 Street. Work is expected to begin in the spring of 2025. Please note that the start date and duration of construction are subject to change. FDOT has identified Parcel 803 as property owned by the City of Miami Beach and as part of the construction project pursuant to Sections 337.25 and 337. 29, Florida Statutes, requests the City of Miami Beach to donate the perpetual easement of this parcel to FDOT for the purpose of constructing, installing, and maintaining the intelligent transportation system improvements, including, but not limited to, dynamic message signs, dynamic message sign support structures, CCTV cameras, concrete poles, controller cabinets, pull boxes and conduits. Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.aov Page I of 2 By agreeing to the transfer or donation of the above referenced parcel, the City of Miami Beach confirms that all applicable federal and state procedures and regulations were followed prior to the conveyance of said property. If possible, to meet the right-of-way certification date, FDOT would like this donation to be executed by the City of Miami Beach by January 31, 2024. Attached please find the following documents for your review and to begin the process for approval: 1. Project Fact Sheet 2. Right of Way Map 3. Roadway Plan 4. Staking Pictures of Parcel 803 5. Perpetual Easement Document 803.1 6. Legal Description 7. Donation Form and Instructions for Completion (to be executed by the City of Miami Beach) look forward to working together for the fulfillment of this request. If you have a question or need additional information, please contact me. Yarley M illan Right of Way Agent Florida Department of Transportation Adam Leigh Cann Building 1000 NW 111T" Avenue, Ste # 6105-A Miami, FI. 33172 Phone: (305)470-5159 Email:Yarley.Millan@dot.state.fl.us Enclosures Cc: File Improve Safety, Enhance Mobility, Inspire Innovation www.dot.state.fl.us Page 2 of 2 PROJECT FACT SHEET FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT SIX State Road (SR) 907/Alton Road From Michigan Avenue to Ed Sullivan Drive/43 Street Project Identification Number: 429193-1-52-01 The Florida Department of Transportation is developing the design for a roadway project along SR 907/Alton Road from Michigan Avenue to Ed Sullivan Drive/43 Street, in Miami -Dade County. PROJECT DETAILS • Changing the roadway elevation • Adding two new pump stations with new inlets and upgrades to the existing drainage • Widening the northbound lanes towards the golf course to accommodate a bi- direction bicycle facility and sidewalk • Installing guardrail and barrier wall • Adjusting manholes • Upgrading signage • Improving pedestrian signalization and pavement markings • Adding new lighting along the road • Removing or relocating landscape encroaching the road • Repaving and restriping the roadway ESTIMATED PROJECT COST $46 million PROJECT DATES Work is expected to begin Spring 2025 and last about three years. Please note that the construction start date and duration is subject to change. MUNICIPALITIES IN PROJECT AREA City of Miami Beach POSSIBLE EFFECTS DURING CONSTRUCTION Work will be done in phases to reduce the effects of construction on the community. Vehicular and pedestrian traffic will be impacted. MAINTENANCE OF TRAFFIC During construction, temporary lane closures and detours will affect traffic. Pedestrian detours will be established with clear signage. Access to adjacent businesses and neighborhoods will be maintained. FOR MORE INFORMATION If you have any questions or comments, please contact FDOT Community Outreach Specialist Rodolfo Roman by telephone at 305-470-5477 or by email at Rodolfo.Roman @dot.state.fLus. it a Please let us know how you prefer to receive information about future projects (mail, emaTi -M" other). Your comments are important to us. Please visit our website: www.fdotmiamidade.com. Thank you for your participation. a DIISSTRI x DESIGN fallowusonTwROet liYeqwFx=bpptpage YOU 5ypyciyetpour YpylubeVage 1000NWi11Avenue, Miami, FL33172 _ �ww.e.aw+i/rFDOt_uu.N «e6od.tc+.A*FF* M1l«wr ® -..I........ CITY OF MIAMI BEACH, MIAMI - OAOE COUNTY SECTIONS 77 i 34, TOWNSHIP 53 SOUTH, RANGE 47 EAST N6Rm� 33 28 - 34 i7 w. w. IN. EIC.II] t� C C G r F.E ,\ ` STATE ROAD Ns 90T / AITON ROAO F - • • I S—``` • L I I� 11Cf10'y6T03j_�l 10 IT I � ux x.. coe w. o.of s. •.m [ m, t. aw E. SE<. l] SEl 11 � !0 I Slc. l] 1 3 SEC. 34. TWP. 53S. AGE. 43E SHEET SHEET 5 SHEET 6 7 SEC. 77, 1WP. 535. RGE. 42E f f KEY SHEET THIS MAP IS NOT A SURVEY $� SEE SHEET I FOR LEGEND 6 GENERAL NOTES %] E RIGHT OF WAY MAP FU3MDA DEMRTMENT Of TMNSPOATATION ,�,,,,, IINV>� E[CDON E]M] .-• .__ ___ _____M _______ . E SURVEYING AM MAPMNG CITY OF MIAMI BEACH, MIAMI DADE COUNTY T� lx[xo.o nn. ]r s.mst. Isar s Iwi Nacx Eav sxuxs caHru1r �� : L a. --- Gc k i t SEE SHEET 1 FOk LEGEND i GENERAL �• NOTES DETAIL SHEET THIS MAP 15 NOT A SURVEY ] t RIGHT OF WAY MAP"��7_7�_________ l FLORIDA DEPARTNENT OF TAANSPORTATON,.,r, SURVEYING AND NM%NG v n o.n ,,,n,• EEG... —:•wn n. ..;'.' •.+ ••�% •. •'•• ^"`® m •.:•'• a � SR 907 ALT6�-`X)JAQD`U I All STATIONS AND arrSFTS S"mi or Rur—c- FROM S-1 .—IS --Sr WIF. ON THE PLANS. DENOTES SOD — t.WIDFNIMO 01NOIlS ORNEWA)IRFFFR 10 — c. W".. DLIAIIS FOR I.ENSIO.S) .—IONS FOOT DISTRICT SIX s-mIN `Y D.RjvA - SNFfT I 'All I "IC-1111 RAYMOND VALIDO, P.E. IODO N.W. 111 OAD WA Y PLAN A. So 90) MIAMPI-DADE 1 12111 7958 IAVENUE NIAMI, FLORIDA 33172 P.E.NO STAKING PICTURES Project #: 429193-1 Parcel #: 803 Size: 4,942 SF, more or less Owner: Miami Dade County Folio: 02-3227-000-0100 .s STAKING PICTURES Project #: 429193-1 Parcel #: 803 Size: 4,942 SF, more or less Owner: Miami Dade County Folio: 02-3227-000-0100 d1{ . y�hu STAKING PICTURES Project #: 429193-1 Parcel #: 803 Size: 4,942 SF, more or less Owner: Miami Dade County Folio: 02-3227-000-0100 ,1 STAKING PICTURES Project #: 429193-1 Parcel #: 803 Size: 47942 SF, more or less Owner: Miami Dade County Folio: 02-3227-000-0100 STAKING PICTURES Project #: 429193-1 Parcel #: 803 Size: 4,942 SF, more or less Owner: Miami Dade County Folio: 02-3227-000-0100 STAKING PICTURES Project #: 429193-1 Parcel #: 803 Size: 41942 SF, more or less Owner: Miami Dade County Folio: 02-3227-000-0100 DocuSign Envelope ID: BFB8083A-0257-45EA-98B9-1003C3D8C73A This instrument prepared b or under the direction fl Alicia Trujillo, Esq. District Six Chief Counse ns Document prepared by: MF �T$ State of Florida Department of Transportation 1000 N.W. I I II Avenue Miami, Florida 33172 March 29, 2023 Parcel No. Item/Segment No. Managing District Parcel Folio PERPETUAL EASEMENT : 803.1 R(9/26/2023)MF 429193-1 :6 02-3227-000-0100 THIS EASEMENT Made the day of , 20 , by CITY OF MIAMI BEACH, a municipality of the State of Florida, 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 perpetual non-exclusive easement in, over, under, upon and through described parcel for the purpose of constructing, installing, and maintaining intelligent transportation system improvements, including but not limited to, dynamic message signs, dynamic message sign support structures, CCTV cameras, concrete poles, controller cabinets, pull boxes, and conduits. The easement parcel is legally described as follows: Parcel 803 F.P. No. 429193-1 A portion of the Northwest one -quarter (NW 1/4) of Section 27, Township 53 South, Range 42 East, lying in the City of Miami Beach, Florida, and being more particularly described as follows: COMMENCE at the intersection of the Centerline of West 29t' Street with the Baseline of Survey for State Road 907 (Alton Road), as shown on the Dade County Public Works Department Right of Way Map of Alton Road, dated February 1980, and recorded in Road Map Book 112, Page 34, of the Public Records of Miami -Dade County, Florida; said point lying on a curve concave to the Southeast; thence Northeasterly, along the arc of said curve to the right and said Baseline of Survey, having a radius of 916.58 feet, a central angle of 39'18'46", a chord bearing of N 22°42'36" E, and a chord distance of 616.64 feet, for an arc distance of 628.90 feet; thence N 42°21'59" E, continuing along said Baseline of Survey, for a distance of 100.13 feet; thence S 47°38'01" E, departing said Baseline of Survey at a right angle, for a distance of 50.00 feet to a point on the existing Southeasterly right of way line of said State Road 907, as transferred to the Florida Department of Transportation per said Dade County Public Works Department Right of Way Map of Alton Road; said point also being the POINT OF BEGINNING of the hereinafter described parcel: Thence N 42°21'59" E, along said Southeasterly right of way line, for a distance of 148.29 feet; thence S 47°38'01"E for a distance of 33.39 feet; thence S 42°21'59" W for a distance of 147.69 feet; thence N 48°40'25" W for a distance of 33.40 feet to the POINT OF BEGINNING. Said lands containing 4,942 square feet, more or less. Denis Denis, PSM License No. 7017, State of Florida Colliers Engineering & Design, Inc. Date: 04/06/2023 1 of 2 DocuSign Envelope ID: BFB8083A-0257-45EA-98B9-1003C3D8C73A 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: Rafael E. Granado Its City Clerk STATE OF FLORIDA COUNTY OF CITY OF MIAMI BEACH By: Alina T. Hudak Its City Manager Address 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 2 LEGAL DESCRIPTION - PARCEL 803: F.P. No. 429193-1 A portion of the Northwest one -quarter (NW 1/4) of Section 27, Township 53 South, Range 42 East, lying in the City of Miami Beach, Florida, and being more particularly described as follows: COMMENCE at the intersection of the Centerline of West 291h Street with the Baseline of Survey for State Road 907 (Alton Road), as shown on the Dade County Public Works Department Right of Way Map of Alton Road, dated February 1980, and recorded in Road Map Book 112, Page 34, of the Public Records of Miami -Dade County, Florida; said point lying on a curve concave to the Southeast; thence Northeasterly, along the arc of said curve to the right and said Baseline of Survey, having a radius of 916.58 feet, a central angle of 39°18'46", a chord bearing of N 22°42'36" E, and a chord distance of 616.64 feet, for an arc distance of 628.90 feet; thence N 42°21'59" E, continuing along said Baseline of Survey, for a distance of 100.13 feet; thence S 47°38'01" E, departing said Baseline of Survey at a right angle, for a distance of 50.00 feet to a point on the existing Southeasterly right of way line of said State Road 907, as transferred to the Florida Department of Transportation per said Dade County Public Works Department Right of Way Map of Alton Road; said point also being the POINT OF BEGINNING of the hereinafter described parcel: Thence N 42°21'59" E, along said Southeasterly right of way line, for a distance of 148.29 feet; thence S 47°38'01" E for a distance of 33.39 feet; thence S 42°21'59" W for a distance of 147.69 feet; thence N 48°40'25" W for a distance of 33.40 feet to the POINT OF BEGINNING. Said lands containing 4,942 square feet, more or less. Denis Denis, PSM License No. 7017, State of Florida Colliers Engineering & Design, Inc. Date:04/06/2023 575-030-12 RIGHT OF WAY FDOT OGC _ 04/22 Florida Department of Transportation RON DESANTIS Office of Right of Way JARED W. PERDUE, P.E. GOVERNOR 1000 NW I 1 Ith Avenue, Room 6105-B SECRETARY Miami, FL 33172 Donation of Property to the Florida Department of Transportation May 02, 2023 City of Miami Beach 1700 Convention Center Drive Miami Beach, FI 33139 ITEM/SEGMENT NO.: MANAGING DISTRICT: F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: INTEREST CONVEYED 429193-1 6 N/A 907/Alton Road Miami Dade 803 Perpetual Easement This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the Florida Department of Transportation. The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any. Having been fully informed of the above rights, I hereby waive those rights unless otherwise noted below. Owner's Signature Type or Print Property Owner's Name Street Address City, State, Zip Code Date 575-03a12 RIGHT OF WAY OGc - oaaz Florida Department of Transportation INSTRUCTIONS FOR COMPLETION OF THE DONATION OF PROPERTY TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FORM 575-030-12) This form should be printed on official DOT letterhead. DATE AND INSIDE ADDRESS: Space is provided for a date and inside address of the property owner. PROJECT/PARCEL The following information can be located in the legal documents and Right of INFORMATION: Way map for each project and is required on official Department forms: Item/Segment No. Managing District F.A.P. No. State Road No. County Parcel No. OWNER'S SIGNATURE BLOCK: The owner must sign and provide an address and date before the Department can accept the donation. ORIGINAL: Parcel File COPIES: Owner(s)