C7F-Accept Amended And Restated Grant Of Easement From La Gorce Country Club IncCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting An
Amended And Restated Grant Of Easement From La Gorce Country Club, Inc. As Set Forth In
Resolution Number 2009-26995 For The Construction, Installation, Maintenance, Repair, And
Replacement Of City Utilities.
Ke Intended Outcome Su orted;
MaintaJn City's infrastructure --------------------· . ______ _J
Supporting Data (Surveys, Environmental Scan, etc.):
I The Customer Satisfaction Survey indicated that 60% of residents rated utility pipes in good condition
Item Summa /Recommendation:
On January 28, 2009, the Miami Beach City Commission unanimously passed its Resolution No.
2009-26995 approving and accepting a Settlement Agreement in Frank Otero and Jeffrey Gibbs vs.
City of Miami Beach, La Gorce Country Club and DM Fence Corp., 11th Jud. Cir. Ct., Case No.: 05-
17754 CA 30; this lawsuit was filed by two lot owners abutting the La Gorce Country Club who sought
various forms of relief including a declaration of boundary/title with regard to the street-ends running
perpendicular to the boundaries of the La Gorce Golf Course, said street-ends bordering easterly of
Alton Road and located at West 52nd Street, West 53rd Street, West 54th Street, West 56th Street, West
sih Street, West 58th Street, West 59 1h Street, and West 60th Street, as well as those street-ends
bordering westerly on La Gorce Drive and located at West 58th Street, West 59th Street, West 60th
Street and West 61 st Street. The Settlement Agreement provided for La Gorce Country Club to
partially vacate West 5ih Street easterly of Alton Road and reserve to the City a perpetual easement
for utilities.
The City and La Gorce Country Club determined that the easement was insufficient and not conducive
to access for maintenance of a sanitary sewer. Thus, the City and La Gorce Country Club agreed to
amend the easement area. The amended easement will consist of the original easement area, which
is approximately 2,321 square feet, and additional easement areas, which is approximately 636
square feet
The amended easement will benefit the City by facilitating access to its buried assets within the limits
of said easement. For the consideration of ten dollars ($10.00), Grantor has agreed to execute this
amended and restated grant of easement.
THE CITY ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
I I 2 -OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
FHB/RWS, Public Works 6565 -----------------------------~
n-Offs:
Department Direc or nager
FHB ·~~~----~---------~~~~-------
MlAMfBEACH 186
AGENDA ITEM -"'-t_7"--'F,___
DATE k""brJ3
m MIAMI BEACH
City of Miami Beach, 1700 Corwention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Member~ ofp City Commission
Kathie Brooks, City Manager ;1" A/ ·
February 6, 2013
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING AN AMENDED AND RESTATED GRANT
OF EASEMENT FROM LA GORCE COUNTRY CLUB, INC. AS SET FORTH IN
RESOLUTION NUMBER 2009-26995 FOR THE CONSTRUCTION, INSTALLATION,
MAINTENANCE, REPAIR, AND REPLACEMENT OF CITY UTILITIES.
ADMINISTRATION RECOMMENDATION
The City Administration recommends approval of the Resolution.
BACKGROUND
On January 28, 2009, the Miami Beach City Commission unanimously passed its Resolution
No. 2009-26995 approving and accepting a Settlement Agreement in Frank Otero and Jeffrey
Gibbs vs. City of Miami Beach, La Gorce Country Club and OM Fence Corp., 11 1h Jud. Cir. Ct.,
Case No.: 05-17754 CA 30; this lawsuit was filed by two owners of lots abutting the La Gorce
Country Club who sought various forms of relief including a declaration of boundary/title with
regard to the street-ends running perpendicular to the boundaries of the La Gorce Golf Course,
said street-ends bordering easterly of Alton Road and located at West 52nct Street, West 53rct
Street, West 54th Street, West 56 1h Street, West 5th Street, West 58 1h Street, West 59th Street,
and West 601h Street, as well as those street-ends bordering westerly on La Gorce Drive and
located at West 58 1h Street, West 59 1h Street, West 60th Street and West 61 st Street. The
Settlement Agreement provided for La Gorce Country Club to partially vacate West 5th Street
easterly of Alton Road and reserve to the City a perpetual easement for utilities.
ANALYSIS
The City and La Gorce Country Club determined that the easement was insufficient and not
conducive to access for maintenance of a sanitary sewer. Thus, the City and La Gorce Country
Club agreed to amend the easement area. The amended easement will consist of the original
easement area, which is approximately 2321 square feet (Exhibit A), and additional easement
areas (Exhibit 8), which is approximately 636 square feet.
The amended easement will benefit the City by facilitating access to its buried assets within the
limits of said easement. For the consideration of ten dollars ($10.00), Grantor has agreed to
execute this amended and restated grant of easement.
187
City Commission Memorandum
La Gorce Country Club • Amended Easement
February 6, 2013
Page 2 of 2
CONCLUSION
The City Administration recommends approval of the Resolution.
Attachment:
A. Exhibit "A" Easement Area (Existing)
B. Exhibit "B" Additional Easement Areas (Proposed)
JGG/FHB/JJF/RWS/DEF
T:IAGENDA\2013\February 6\La Gorce Amended and Restated Grant of Easement. MEMO.docx
188
0 20 40 1--1 .... 1
SCALE
1" = 40'
LEGAL DESCRIPTION:
Attachment H
SKJi)1l~C:mt ~0 ACCOM~Aiti"'I''I.'!JSGAI!t DmSCRJJ:P!'I,flll:QR'
for
LA GORCE COUNTRY CLUB, Inc.
EXHIBIT"B"
p o.c. POINT OF COMMENCEMENT
POINT OF BEGINNING
PG.
SEC.
R.O.W
R
L
PAGE
SECTION
RIGHT OF WAY
RADIUS
CENTRAL ANGLE
ARC LENGTH
10' UTILITY EASEMENT No.3
P.O. B.
P.O.T.
p c.
P.T.
PB.
POINT OF TERMINATION
POINT OF CURVATURE
POINT OF TANGENCY
PLAT BOOK TAN = TANGENT
\
A portion of Lot 1, Block 11 and a portion of Lot 9, Block 9 and a portion of a 25 foot strip of land lying between the Northeasterly
Line of said lots and the Southwesterly Line of La Gorce Golf Course and between the Northwesterly prolongation of the Northeasterly Line
of said lot 1, Block 11 and the Southeasterly prolongation of the Northeasterly Line of said Lot 9, Block 9 and the Southwesterly Line of
La Gorce Golf Course, of "LAGORCE GOLF SUBDIVISION", according to the plat thereof, as recorded in Plot Book 14, at Page 43 of the
Public Records of Miami-Dade County, being more particularly described os follows:
BEGIN at the Northeasterly Corner of said Lot 9, Block 9; thence N57'55'18"E along the Northeasterly prolongation of the Northwesterly
Line of said Lot 9, Block 9, for 5.00 feet; thence S32'36'36"E for 95.80 feet to a point on the Northeasterly prolongation of the
centerline of West 57th Street; thence S32'35'53"E for 166.43 feet to a point on the Northeasterly prolongation of the Southeasterly Line
of said Lot 1, Block 11; thence S57'24'07"W along said Northeasterly prolongation of the Southeasterly Line of said Lot 1, Block 11 for
10.00 feet; thence N32'35'53"W along a line parallel with and 5.00 feet Southwesterly of the Northeasterly Line of said Lot 1, Block 11
for 136,43 feet to a point of the Northwesterly Line of said Lot 1, Block 11; thence N57'23'50"E along said Northwesterly Line of said Lot
1, Block 11 for 5.00 feet to the Northeasterly Corner of said Lot 1, Block 11; thence N32'35'53"W along the Northwesterly prolongation of
the Northeasterly Line of said lot 1, Block 11 for 30.00 feet; thence N32'36' 36"W along the Southeasterly prolongation of the
Northeasterly Line of said Lot 9, Block 9 for 30.00 feet to the Southeasterly Corner of said Lot 9, Block 9; thence S57'23'50"W along
the Southeasterly Line of said Lot 9, Block 9 for 5.00 feet; thence N32'36'36"W along a line parallel with and 5.00 feet Southwesterly of
the Northeasterly Line of said Lot 9, Block 9 for 65.72 feet to a point on the Northwesterly Line of said Lot 9, Block 9; thence
N57'55'18"E along said Northwesterly Line of said Lot 9, Block 9 for 5.00 feet to the Point of Beginning.
Containing 2,321 Square Feet, more or less, by calculations.
NOTICE: Not full and complete without all pages. Total of Two (2) Pages
189
Job No. 11 321
Page 1 of 2
7/L:')/2')12 R ,~7 35 >\~A ~·JT
LEGEND
p o.c.
P.O.B.
P.O T.
P.C.
P.T.
PB.
PG.
SEC.
ROW.
R
6
L
TAN
'h ·o.
POINT OF COMMENCEMENT
POINT OF BEGINNING
POINT OF TERMINATION
POINT OF CURVATURE
POINT OF TANGE~ICY
PLAT BOOK
PAGE
SECTiON
RIGHT OF WAY
RADIUS
CENTRAL ANGLE
ARC LENGTH
TANGENT
LEGAL DESCRIPTION:
1 0' UTILITY EASEMENT No.2
Attachment B
A portion of Lot 9, Block 9 and a portion of a 25 foot strip of land lying between
the Northeasterly Line of said Lot 9, Block 9 and the Southwesterly Line of La Gorce
Golf Course, of "LAGORCE GOLF SUBDIVISION", according to the plot thereof, as
recorded in Plat Book 14-, at Page 4-3 of the Public Records of Miami-Dade County,
being more particularly described as follows:
COMMENCE at the Southeasterly Corner of said Lot 9, Block 9; thence S57'23'50"W
along the Southwesterly Line of said Lot 9, Block 9, for 6.13 feet to the POINT OF
BEGINNING of a 10 Foot Wide Utility Easement, lying 5 feet on each side of the
following described centerline (shortening or extending the side lines thereof, so as to
create a continuous strip of land); thence N22'21'36"W for 34-.4-3 feet to a point on
the Northeasterly Line of said Lot 9, Block 9; said point also being the Point of
Termination of a 10 Foot Wide Utility Easement.
Containing 34-4-Square Feet, more or less, by calculations.
A portion of Lot 1, Block 11 and a portion of a 25 foot strip of land lying between the Northeasterly line of said Lot 1, Block 11 and
the Southwesterly Line of La Gorce Golf Course, of "LAGORCE GOLF SUBDIVISION", according to the plot thereof, as recorded in Plat Book
14-, at Page 4-3 of the Public Records of Miami-Dade County, being more particularly described as follows:
COMMENCE at the Northeasterly Corner of said Lot 1, Block 11; thence S57'23'50"W along the Northwesterly Line of said Lot 1, Block 11,
for 9.70 feet to the POINT OF BEGINNING of a 10 Foot Wide Utility Easement, lying 5 feet on each side of the following described
centerline (shortening or extending the side lines thereof, so as to create a continuous strip of land); thence S51 '58'13"E for 29.24-feet
to a point on the Northeasterly Line of said Lot 1, Block 11; said point also being the Point of Termination of a 10 Foot Wide Utility
Easement.
Containing 292 Square Feet, more or less, by calculations.
NOTICE: Not full and complete without all pages. Total of Two (2) Pages
190
Job No. 11321
Page 1 of 2
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING AN AMENDED AND RESTATED
GRANT OF EASEMENT FROM LA GORCE COUNTRY CLUB, INC., AS SET
FORTH IN RESOLUTION NUMBER 2009-26995 FOR THE CONSTRUCTION,
INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF CITY
UTILITIES.
WHEREAS, La Gorce County Club (Grantor) and the City were parties to a lawsuit
entitled Frank Otero and Jeffrey Gibbs vs. City of Miam Beach, La Gorce County Club and OM
Fence Corp; and
WHEREAS, the settlement agreement to that lawsuit provided for the Grantor, as more
particularly set forth in City of Miami Beach Resolution Number 2009-26995, approved January
28, 2009, to partially vacate West 5yth Street, easterly of Alton Road and reserve to the City a
perpetual easement for utilities; and
WHEREAS, Grantor granted the City an easement dated March 18, 2009, recorded
March 20, 2009, in Official Records Book 26795, at Page 4130 of the Public Records of Miami-
Dade County, Florida; and
WHEREAS, the intent of the easement was for the operation and maintenance of
utilities; and
WHEREAS, the easement is approximately 2,321 square feet; and
WHEREAS, Grantor and the City have determined that the easement area is insufficient;
therefore, should be amended to include additional area; and
WHEREAS, for good and valuable consideration, Grantor has agreed to grant the City
an amended and restated non-exclusive easement for the operation and maintenance of its
utilities; and
WHEREAS, the additional easement area is approximately 636 square feet.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby,
accept an amended and restated Grant of Easement from La Gorce Country Club, Inc., as
attached to the Commission Memorandum, for the construction, installation, maintenance,
repair, and replacement of City utilities.
PASSED AND ADOPTED this 6th day of February, 2013.
ATTEST:
Matti Herrera Bower, Mayor
J I·.HL, ~
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