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C7Q-Execute Grant Of Easement w- Shelborne 1801 Collins AvenueCOMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And City Clerk To Execute A Grant Of Easement With Shelborne Ocean Beach Hotel Condominium Association, Inc., Owner Of The Property Located At 1801 Collins Avenue, For A Lift Station And Associated Connection To City's Sanitary Sewer System In The Public Right-Of-Way, On The North Side Of 18th Street, East Of Collins Ave., With A Total Area Of 527 Square Feet. Intended Outcome Su orted: Issue: l Shall the Mayor and the City Commission approve the Resolution? Item Summary/Recommendation: Shelborne Ocean Beach Hotel Condominium Association, Inc. (Applicant) is the owner of the property located at 1801 Collins Avenue (Property), which occasionally experiences sewage back-ups. The Applicant and staff worked together on a solution to this problem and determined that a private sanitary sewer lift station is needed. City staff determined that the best and most unobtrusive location is below grade in the existing sidewalk mid-block on the north side of 18th Street at the point where the existing sewer line lateral exits the Property. Due to the permanent nature of the lift station, the City requires the Applicant to obtain an easement for the area encroached upon by the lift station and the associated piping, which is approximately 527 square feet. As no section of the City Code provides guidance on the appropriateness of granting an easement, staff has reviewed the appropriateness of the facility pursuant to the criteria established under Section 82-38 of the City Code for the proposed sale or lease of City property. The proposed easement satisfies these criteria. THE ADMINISTRATION RECOMMENDS THAT THE CITY COMMISSION EXECUTE THE GRANT OF EASEMENT. Adviso Board Recommendation: Financial Information: Source of Amount Funds: 1 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Si Assistant Cl JGG MIAMI BEACH 375 Account Appr~ AGENDA ITEM ----::::-7-:--=-{J __ DATE f-/:J-12- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commi sion FROM: Kathie G. Brooks, Interim City Manager DATE: September 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT OF EASEMENT WITH SHELBORNE OCEAN BEACH HOTEL CONDOMINIUM ASSOCIATION, INC., OWNER OF THE PROPERTY LOCATED AT 1801 COLLINS AVENUE, FOR A LIFT STATION AND ASSOCIATED CONNECTION TO CITY'S SANITARY SEWER SYSTEM IN THE PUBLIC RIGHT- OF-WAY, ON THE NORTH SIDE OF 18TH STREET, EAST OF COLLINS AVE., WITH A TOTAL AREA OF 527 SQUARE FEET. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission execute the grant of easement. BACKGROUND The subject Property contains the Shelborne Hotel and is located at the northeast corner of the intersection of Collins Avenue and 18th Street. The Shelborne Hotel is classified as Contributing in the Miami Beach Historic Properties Database and is located within the Ocean Drive/Collins Avenue Local Historic District and National Register Architectural District. It was originally designed by Polevitsky & Russel and constructed in 1940, and contains a front addition designed by Morris Lapidus and constructed in 1957. Located along the south side of the Property, 18th Street provides pedestrian access to and from the beach. The Property occasionally experiences back-ups of sewage onto the Property. It has been determined that a private sewage lift station, owned by the Applicant, is required to address the problem as the standard backflow preventer will not work under the hydraulic conditions. The Applicant and City staff have worked together to address the situation and locate a lift station. The following locations were considered that are outside the public right-of-way: 376 City Commission Memorandum-1801 Collins Avenue Easement September 12, 2012 Page 2 of2 1. Inside the building -Structural constraints and access issues make it extremely difficult to place the lift station inside the existing building. 2. Adjacent to the south side of the building -Negative impacts to the existing building foundation, as verified by a structural engineer, prevent placing the lift station in the 5'-0" setback between the sidewalk and the building on 18th Street. 3. At the front of the building -Code requirements and the historic character of the Shelborne Hotel, as determined by the Planning Department, disqualify placing the lift station at front corner of Shelborne hotel near the intersection of Collins Avenue and 18th Street. 4. At the rear of the building -Adverse impacts to existing structures and foundations preclude placing the lift station in the rear yard. As such, the lift station must be placed in the City's right-of-way. After careful consideration and analysis, the Applicant and City staff determined that the best and most unobtrusive location is below grade in the existing sidewalk mid-block on the north side of 18th Street at the point where the existing sewer line lateral exits the Property. The pump station will convey sewage through an underground pipe to the City's sanitary sewer system located directly south of that location near the center of 18th Street. No part of the lift station and the associated conveyance piping in the right-of-way will protrude above the grade of the existing sidewalk or 18th Street. Therefore, the lift station will neither impede pedestrian access to and from the beach, nor inhibit parlking in 18th Street. The Applicant will place the control panel, vent stack, and any other above grade elements for the lift station outside of the public right-of-way, in the area north of the sidewalk. Due to the permanent nature of the lift station, the City will require the Applicant to obtain an easement (attachment) for the area encroached upon by the lift station and the associated piping. The area of this proposed encroachment is approximately 527 square feet. This issue was discussed at the July 25, 2012 Land Use and Development Committee meeting. The Administration and Applicant have negotiated an easement agreement (Attachment) that provides for the terms discussed in the Land Use and Development Committee, and a guarantee of public access through the easement. CONCLUSION The Administration recommends that the Mayor and City Commission authorize the Mayor and City Clerk to execute a grant of easement with Shelborne Ocean Beach Hotel Condominium Association, Inc., owner of the property located at 1801 Collins Avenue, for a lift station and associated connection to City's sanitary sewer system in the public right-of-way, on the north side of 18th street, east of Collins Ave., with a total area of 527 square feet. Attachment: Draft Easement Agreement KGB/JGG/FHB/JJF/RWS/DEF T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\1801 Collins Easement-MEMO.docx 377 ATTACHMENT (TO SUBMITTED AS SUPPLEMENTAL) 378 RESOLUTION TO BE SUBMITTED 379 THIS PAGE INTENTIONALLY LEFT BLANK 380