C7L-Approve Vacation Of Existing City Utility Easement At 118 West Dilido DriveCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Vacating An
Existing Utility Easement And Accepting A New Utility Easement From Mary Carpenter, The Property
Owner Of 118 West Dilido Drive, For The Construction, Installation, Maintenance, Repair, And
Replacement Of City Utilities.
Ke Intended Outcome Su orted:
Improve storm drainage citywide
Item Summary/Recommendation:
The City has an 8-inch diameter stormwater pipe occupying a 5-foot wide easement at 118 West Dilido
Drive. Mary Carpenter, the owner of the property, is proposing to demolish the existing home on the site,
construct a new single-family house, and rebuild the seawall at elevation 3.2 feet. The existing stormwater
pipe and easement are in the northeastern and the northern portions of the property.
The owner has proposed to relocate the easement to the edge of the property, to construct a new 15-inch
diameter pipe to City of Miami Beach standard, and to provide a wider easement. All design, permitting,
and construction costs will be borne by the owner.
Staff has reviewed this request and believes that it is a benefit to the City. In exchange for abandoning an
undersized, aged pipe and vacating an easement that is too small to provide easy access, the City will
receive a new, larger diameter pipe in a wider easement. The new pipe will have greater drainage capacity
helping meet the requirements of the Stormwater Management Master Plan and will include a check valve
to prevent high tides from flooding the street. The wider easement will provide for better access to maintain,
replace, and repair the pipe.
The Administration recommends adopting the Resolution.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account Approved
Funds: .·. 1 .
D 2 ..
3
4
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Richard Saltrick, Public Works X6565
n-Offs:
i\nt City Manager City Manager
KGB JLM
T:I.AGENDA\2013\May 8\118 West Dilido Drive Easement Sum.doc
MlAMIBEACH 254
AGENDA ITEM C., 7 L
DATE YY ... /3
= -=-MIAMI BEACH
City of Miami Bea(h, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me bers of ~-ommission
FROM: Jimmy L. Morales, City Manager
DATE: May 8, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, VACATING AN EXISTING UTILITY EASEMENT AND ACCEPTING A
NEW UTILITY EASEMENT FROM MARY CARPENTER, THE PROPERTY OWNER OF
118 WEST DILIDO DRIVE, FOR THE CONSTRUCTION, INSTALLATION,
MAINTENANCE, REPAIR, AND REPLACEMENT OF CITY UTILITIES.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the resolution
BACKGROUND
The City has an 8-inch diameter stormwater pipe occupying a 5-foot wide easement at 118 West
Dilido Drive. Mary Carpenter, the owner of the property, is proposing to demolish the existing home
on the site, construct a new single-family house, and rebuilding the seawall at elevation 3.2 feet.
The existing storm water pipe and easement are in the northeastern and the northern portions of the
property (Attachment A).
The owner has proposed to relocate the easement to the edge of the property, to construct a new
15-inch diameter pipe to City of Miami Beach standard, and to provide a wider easement
(Attachment B). All design, permitting, and construction costs will be borne by the owner.
ANALYSIS
Staff has reviewed this request and believes that it is a benefit to the City. In exchange for
abandoning an undersized, aged pipe and vacating an easement that is too small to provide easy
access, the City will receive a new, larger diameter pipe in a wider easement. The new pipe will
have greater drainage capacity helping meet the requirements of the Stormwater Management
Master Plan and will include a check valve to prevent high tides from flooding the street. The wider
easement will provide for better access to maintain, replace, and repair the pipe.
Staff has worked with the architect for the owner to obtain as large an easement as possible without
impacting the proposed construction. As a result, the proposed easement narrows over the final30
feet to avoid interfering with the footers of the proposed construction.
255
City Commission Memorandum-Easement at 118 W Dilido Drive
May8,' 2013
Page 2 of 2
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the resolution.
Attachment:
A.
B.
Legal Description of the Existing Easement
Sketch and Legal Description of the Proposed Easement
T:\AGENDA\2013\May 8\118 West Dilido Drive Easement Memo.doc
256
Attachment - A
KNO'I'T ALL MEN BY THESE PRESENTS, That; we, in oonsidere.-
tion of the benefits accruing to us by reason of convenient access
13.nq a lessfor eost of the construction of eew·e:rs and the desirabi.li ty
of bavir1g the thi.ngs herel11afte1· specif':l.ed placed in the locatj.ons
notea. bclovr, and in eonside~FJ.tion of $1.00, receip't o:f which :i.s here-
by acknoi"l.edged, d.o horeby-ive and grant; unto the City of S.hfun.l
Beach':. .. :flqrldat its• f;!Uccessors and assiP;nS and its grantees operating
.' ; ; , " '-• c ~. ,,. ''· -. • / ,· ,· • •! 1 I ' ' ~~ ' "~
public·utilit:L_er~,> the pel'petual right and ee.sem0nt to 1a,;r a.<~d main:..
tain 96iti0l'S 1 underground, :\.n the follOt\.'tng dcsorlb~d ):;;i'operty;
,; ~:· '' '' ~~1',{<' ,-
!~$ nor~rly five !<S} fee;~ of' Lot Three~ (3),
.d.l.oek Tvm (2}, DiL:fdo\ ··,;., t rscoraed .
in Plat Book: Eight (8,, :,r: ···•·· ... v L" ,":l.x (-96·) '·
of the Pi.ib;I.ic Reoordci of Dade Gounty, i-'lorid8;;(,
· IN\VITNESS i'fHEREOF 1 we have hereunto set p\.n' ~_!9 an<l
~' '/.) ~ //) .//A seals,AiV~L~unty of.~;a~ ____ State of.:...,..zt.L~Z41:'4
. h ? . );t . /::. . ?')2---?~. ... / . t • .t~ &-c~~~~~ay of __ ....:.~?.:"~~--A.D. 1941 •
. . / . r··--7 a /J/ . 7d~~4EAL) #~--~--6:\,~;:~-~~--( SEAl,)
I
S~~AL)
257
,,!,,:
STAT·E OF F,·LQRIDA .
cor.nrrry oF .DADE
l: .tll'!fREBY OERTIFX thfl,.t oJ1 this .. day personally
appef.p-:ea. before m~, an of:flcer duly ~utnohzed ·to ~dm1nister. oaths
and tak~ ackn9~wJ.edgmen~s .· •. · ... · ff~ ·if ~~~~ .
o.nd -~ e_~~~':-"" .to ·me w~11.1ulqtm and known to me
to be ti:le in<iividuals d.er:Jc:ribed :l.n theto:regolng :lnst:ruraent, and who
elceouted th~ S§IJ.he freely and .. voluritarily (ind for the purposes ther·ein
exoi'e Me d. . AND I FURTIJt>H eEilTJFY that tho;~·''). ~/tiJ;,k~"-»~
known to me to be. thf:l wife of the sa:l.Q. f/"1/A. f "?i#v~$/r.··<rfn a separa"Ge
and privs~;e exarll:,..nat:i,on taken <J.nd me.de by. me and before .. me 1 separD,tely
a.nd apart fl'om her husPf<nd, did e,oknot<Iledge that she madE'J he:rsert a
party to the said instrument for the purpose .of renottncing, reJ,inquisb.ingy
and conveying all her right, title arid intereot, whether of doro·er,
homesr.ead. or of' separate pl'ope:rt:y, sta.tt.:ttory.or equitable, in and to
the lands described ther•ein, and. that she. executed the se.me freely and
voluntarily and 1vJ..thout any compulsion,t constr·,;l.int, apprehension o:r fear
. . ··'
of or from her said husband. .
... ·· WITNESS my-he.rid and o:ffi~ial seal~ t~ifid_
State of ..• ~--this, ....... : .. /2-tl/·rL ,day ofJ21T-.·· _A.D. 1941. .
~·.· £'.@~~~~~~~
Notary rubl,lc
lllilr•\.'O.Cil\Utrl~~eion· expil"es: J';·(Jt:i/4 ?" /9 "Yi.:L"
/·
258
Attachment -B
LEGAL DESCRIPTION:
A portion of Lot 4, Block 2, PLAT OF Dl LIDO AN ISLAND IN BISCAYNE BAY, according to the plot thereof as
recorded in Plot Book 8, Page 36 of the public records of Miami-Dade County. Florida being more
particularly described as follows:
Commence at the Northeast corner of said Lot 4 also being o point on the Westerly right of woy fine of
West Dl Lido Drive; thence $ 00'00'00" E along soid West right of way line and East line of said Lot 4 for
42.06 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue along said
East Une of Lot 4 and said West Right of way line for 14.65 feet; thence N 43'03'24'' W for 61.87 feet;
thence N 90'00'00" W along a line 11.50 feet South of and parallel with the North line of said Lot 4 for
110.76 feet; thence N 00'00'00" E along a line 30.00 feet East of and parallel with the West line of said
Lot 4 for 2.50 feet; thence N 90'00'00" W along a line 9.00 '>et Soutt. of l"'nd parallel wlth the North line
or ~,;ld Lot 4 for 30.00 feet to a point on said West line; thenc_, N 00'00'00" E (lion~ said West line for
7.50 feet; thence S 90'00'00" E along o line 1.50 feet South of and parallel with the North flne of said Lot
4 for 145.10 feet; thence S 4-3'03'24" E for 55.51 feet to the Point of Beginning.
SURVEYOR'S NOTES:
-This site lies in Section 33, Township 53 South, Range 42 East, City of Miami Beach, Miami-Dade
County, Florida.
-Bearings hereon ore referred to an assumed value of SOO'OO'QO"E for the West right of way line of
Di Lido Drive,
-Lands shown hereon were not abstracted for easements and/or rights-of-way of records.
-This ls not a nBoundory Survey" but only o graphic depiction of the description shown hereon.
-Dimensions shown hereon ore based on Survey prepared by MIGUEL ESPINOSA LAND SURVEYING INC.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible chorqe on April 16, 2013,
and meets the applicable codes os set forth in the Florida Administrative Code, pursuant to Section
472.027, Florida Statutes.
"Not valid without the signature and the original raised
seat of a Florida Licensed Surveyor and Mapper"
FORTIN, L Y, KILES, INC., LB3653
:1/~
Daniel C. Fortin, For The)li11i
Surveyor and Mapper, LS2853
State of Rorlda.
. ... ~·-.
1-n_ra_wn_BY ___ R_EP_--1 (Legal Description, Notes and Certification j f-n_ate---.:.Ap_ri_l 1_6.:....., _20_13----;
F L S Scale None OR TIN, EA VY, KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS Job. No. 13°47 3
Cad. No. 1304 73
Ref. Dwg.
3012-035
FLORIDA CERTIFrCA TE OF AUTHORIZATION NUMBER: 00003653 Dwg. No. 1013-034
Plotted; 4/1612013 1:21 PM
180 Northeast 168th Street /North Miami Beach, Florida 33162
Phone 305~653-4493 I Fax 305-651-7152/ Email fts@flssurvey.com Sheet 1 of 3
259
DraWIJ By REP ( Location Sketch j Date April 16, 2013
Job.No. 130473
~--:---~-------1
Cad.No.130473 FORTIN, LEAVY, S KJLES, INC.
Ref. Dwg.
Scale 1" = 4-00'
3012-035
Plotted: 4/16/2013 1:21PM
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CBRTIFTCATE OF AUTHORIZATION NUMBER: 00003653 Dwg. No. 1013-034
180 Northeast 168th Street I North Miami Beach, Florida 33162
Phone 305~653-4493 I Fax 305~651-7152 I Email fls@flssurvey.com
260
Sheet 2 of 3
NOO"OO'OO"E
7.50'
BISCAYNE
BAY
DraW!lBy
N
REP
I
I
I I Lot S, Block 2
I I I I f----------------------~--------------------P<iiNirC>F·------------1
I South !ina of COMMENCEMENT 1
I lotS, Block 2 Northeast Corner of Lot 4,
I
I Block 2 PlAT OF 01 LIDO
Lot 5• BIQck 2 AN ISLAND IN
1
1 D!SCAYNE BAY
PLAT BOOK 8, PAGE 36
~~
J ( SKETCH OF DESCRIPTION
r-----------------~
Cad.No.130473 FORTIN, LEAVY, SKILES, INC.
Ref. Dwg.
3012-035
P1olte4: 4/16/2013 1:21PM
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORlZA TION NUMBER: 00003653
J 80 Northeast I 68th Street I North Miami Beach, Florida 33162
Phone 305-653-4493 I Fax 305-651-7152/ Email fls@flssurvcy.com
261
I
I
I
I
~I !z. l Wt I
27.5' ~ 27,5' ~
I
'·
Date April 16, 2013
Scale 1" = 40'
Job. No. 1.30473
Dwg.No. 1013-034
Sheet 3 of 3
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE VACATION OF AN EXISTING
CITY UTILITY EASEMENT, LOCATED ON THE PRIVATE RESIDENTIAL
PROPERTY AT 118 WEST DILIDO DRIVE (THE PROPERTY), AND
ACCEPTING A NEW UTILITY EASEMENT FROM MARY CARPENTER, THE
OWNER OF THE PROPERTY, FOR THE CONSTRUCTION, INSTALLATION,
MAINTENANCE, REPAIR, AND REPLACEMENT OF A NEW FIFTEEN-INCH
{15") STORMWATER OUTFALL PIPE.
WHEREAS, the City currently has an 8-inch (8") diameter stormwater outfall pipe
occupying a 5-foot (5') wide easement under a portion of the private residential property located
at 118 West Dilido Drive (the Property); and
WHEREAS, Mary Carpenter, the owner of the Property, is proposing to demolish the
existing house to construct a new house, and to reconstruct the seawall; and
WHEREAS, the Property owner has been meeting with City staff, and has proposed
relocating the existing City utility easement to the edge of the Property, where the proposed new
15-inch diameter stormwater pipe can be installed; and
WHEREAS, the new 15-inch outfall pipe will have greater drainage capacity for
improved stormwater management, and will include a check valve to prevent street flooding due
to high tides; and
WHEREAS, City staff has reviewed the Property owner's request and believes that the
abandonment of the existing easement, concurrent with the Property owner granting the City a
new easement for the installation and maintenance of the proposed 15-inch stormwater outfall
pipe, would be in the best interest of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the vacation of an existing City utility easement, located on the
private residential property at 118 West Dilido Drive (the Property), and accepting a new utility
easement from Mary Carpenter, the owner of the Property, for the construction, installation,
maintenance, repair, and replacement of a new fifteen-inch (15") stormwater outfall pipe.
PASSED AND ADOPTED this 8th day of May, 2013.
ATTEST:
Rafael Granado, City Clerk
City Attorney Date
T:\AGENDA\2013\May 8\i 18 West Dilido Drive Easeme11t Reso.docx
262
Matti Herrera Bower, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FO!i CUTION
,.,...,....._,~~(r;_ ~fr ~
I!Orney ~ ate
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