20141217 SM3r915.2015
MIAMIBEACH
Gity Commission Meeting
SUPPLEMENTAL MATERIAL 3
City Hall, Gommission Chambers, 3rd Floor, 1700 Gonvention Center Drive
December 17,2014
Mayor Philip Levine
Vice-Mayor Joy Malakoff
Commissioner Michael Grieco
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsff us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code sections.
Copies of the City Code sections on lobbyists laws are available in the Office of the City Clerk.
Questions regarding the provisions of the Code should be directed to the Office of the City Attorney.
SUPPLEMENTAL AGENDA
R7 - Resolutions
C7F A Resolution Amending The Grant Of EasementAnd Agreement ForStormwaterAnd Transportation
lmprovements Approved By The City Commission On September 1 1,2013, Pursuant To Resolution
No. 201 3-28343,|n Conjunction With The Vacation Of The Alley Located ln The 500 Block Of Alton
Road, ln Favor Of The Adjacent Property Owners, South Beach Heights l, LLC, 500 Alton Road
Ventures, LLC, And 1220 Sixth, LLC; And Accepting The Grant Of Easement And Agreement,
Subject To Final Approval By The City Manager And City Attorney.
(Public Works)
(Memorandum & Resolution)
C7G A Resolution Amending Resolution No. 28060, Which Accepted The Grant Of A Subterranean Utility
Easement From Bernard Baumel (Trust), Owner Of The Property Located At 17OO West 25th Street,
For The Construction, lnstallation, Maintenance, Repair, And Replacement Of Water And Sewer
Mains; Said Amendment Approving And Providing For A Compensation To The Property Owner, ln
Consideration For The Grant Of The Easement, ln The Amount Of $100,000.
(Public Works)
(Revised Memorandum & Resolution)
1
Supplemental Agenda, December 17, 2014
R5 - Ordinances
RsL An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled "Public
Property", By Amending Article lV, Entitled "Uses ln Public Rights-Of-Way", By Amending Division 5
Thereof, Entitled "Sidewalk Cafes", By Amending Subdivision ll Thereof, Entitled "Permit", By
Amending Section 82-387 Thereof, Entitled "Prohibited "No Table" Zones", By Adding A New
Subsection (b) Prohibiting Sidewalk Cafe Operations/Permittees Within The City's Right-Of-WayOn
Euclid Avenue Between Lincoln Road And Lincoln Lane South; Providing For Repealer, Severability,
Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Tourism, Culture & Economic Development)
(Revised Ordinance)
2
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI BEACH,
FLORIDA, AMENDING THE EASEMENT AGREEMENT APPROVED BY CITY COMMISSION ON
SEPTEMBER 11, 2013, RELATED TO THE VACATION OF THE ALLEY LOCATED IN THE 5OO BLOGK
OF ALTON ROAD, IN FAVOR OF THE ADJACENT PROPERTY OWNERS, SOUTH BEACH HEIGHTS I,
LLC, 500 ALTON ROAD VENTURES, LLC, AND 1220 SIXTH, LLG; SUBJECT TO FINAL APPROVAL
OF SUCH AMENDMENT BY THE CITY MANAGER AND CITY ATTORNEY.
COMMISSION ITEM SUMMARY
At its September 1 1 , 2013 meeting, the City Commission adopted Resolution No. 2013-28343, approving
the vacation of the alley located in the 500 block of Alton Road, in favor of the adjacent property owners,
South Beach Heights l, LLC, 500 Alton Road Ventures, LLC, and 1220 Sixth, LLC to construct the "Waves"
Project (also referred to as the 600 Alton Project or the Project), a mixed-use development (the "Vacation").
As a condition of the granting of the Vacation, one of the applicants, 500 Alton Road Ventures, LLC (500
Alton or the Applicant), agreed to grant the City an easement over its property (the Property) which, in part,
requires 500 Alton to design and install stormwater improvements consisting of subterranean storage tanks
providing storage for at least 287,980 gallons (to be situated on the Property). Upon construction of the
stormwater improvements, 500 Alton would also be responsible for the continued management and
maintenance of the improvements. The City would be granted an easement to inspect the facilities to
ensure proper maintenance. On October 29,2013, the City and 500 Alton Road Ventures, LLC entered
into a Grant of Easement and Agreement for Stormwater and Transportation lmprovements (the
Agreement), which was subsequently record in the Official Records 8ook29281, Pages 1097 of the Public
Records of Miami-Dade County, Florida.
The City is in need of an additional area in which to locate a stormwater pump station and related
generator, as well as storm drainage pipes, in order to facilitate the drainage in the area adjacent to the
southern end of West Avenue. This portion of the City has one of the lowest elevations City-wide and
additional stormwater resources are needed. Unfortunately, there is very limited area available in the public
right-of-way, therefore, locating the facility on the adjacent private property would be the best solution.
Public Works staff and 500 Alton have been in discussions to amend the Agreement to allow for the
aforestated additional improvements, which will be situated on 500 Alton's property; thereby also requiring
a re-defined, expanded "Propefi" area. This amendment will also allow for design improvements within
the additional easement area and permanently accommodate the stormwater generated by the Project.
THE ADMINISTRATION REGOMMENDS ADOPTING THE RESOLUTION.
Board Recommendation:
Ensure Well Maintained lnfrastructure
Item S ummary/Recommendation :
Financial lnformation :
Financial lmpact Summary:
Eric Carpenter, Public Works X6012
Agenda lum C7 F
Date /)'17-/YCD nn TAAATRFACH 3
g MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City mrssron
FROM: Jimmy L. Morales, City Manager
DATE: December 17,2014
SUBJECT: A RESOLUTION OF THE MA
MIAMI BEAGH, FLORIDA, AMENDING THE GRANT OF EASEMENT AND
AGREEMENT FOR STORMWATER AND TRANSPORTATION IMPROVMENTS
APPROVED BY THE CITY COMMISSION ON SEPTEMBER 11, 2013, PURSUANT
TO RESOLUTION NO. 2013.28343,IN CONJUNCTION WITH THE VACATION OF
THE ALLEY LOCATED IN THE 5OO BLOCK OF ALTON ROAD, IN FAVOR OF THE
ADJACENT PROPERry OWNERS, SOUTH BEACH HEIGHTS I, LLC, 5OO ALTON
ROAD VENTURES, LLC, AND 1220 SIXTH, LLG; SUBJECT TO FINAL APPROVAL
OF SUCH AMENDMENT BY THE CITY MANAGER AND CITY ATTORNEY.
ADMI NISTRATION RECOMM EN DATION
The Administration recommends approving the Resolution.
BACKGROUND
At its September 11,2013 meeting, the City Commission adopted Resolution No. 2013-28343,
approving the vacation of the alley located in the 500 block of Alton Road, in favor of the
adjacent property owners, South Beach Heights l, LLC, 500 Alton Road Ventures, LLC, and
1220 Sixth, LLC to construct the "Waves" Project (also referred to herein as the 600 Alton
Project or the Project), a mixed-use development (the "Vacation").
As a condition of the granting of the Vacation, one of the applicants, 500 Alton Road Ventures,
LLC (500 Alton or the Applicant), agreed to grant the City an easement over a portion of
property owned by 500 Alton (the "Property") which, in part, also requires 500 Alton to design
and install stormwater improvements consisting of subterranean storage tanks providing
storage for at least 287,980 gallons (to be situated on the Property). Upon construction of the
stormwater improvements, 500 Alton will also be responsible for the continued management
and maintenance of the improvements; the City would be granted an easement to inspect the
facilities to ensure proper maintenance. On October 29, 2013, the City and 500 Alton Road
Ventures, LLC entered into a Grant of Easement and Agreement for Stormwater and
Transportation lmprovements (the Agreement), memorializing the parties' respective
obligations. The Agreement was subsequently recorded in the Official Records Book 29281,
Pages 1097 of the Public Records of Miami-Dade County, Florida.
AND CITY COMMISSION OF THE CITY OF
4
500 Alton Road Alley - Memo
December 17,2014
Page 2 of 2
The City is now in need of an additional area in which to locate a stormwater pump station and
related generator, as well as storm drainage pipes, in order to facilitate the drainage in the area
adjacent to the southern end of West Avenue. This portion of the City has one of the lowest
elevations City-wide and additional stormwater resources are needed. Unfortunately, there is
very limited area available in the public right-of-way. Therefore, locating the facility on adjacent
private property owned by 500 Alton would be the best solution.
Public Works staff and the Applicant, 500 Alton, have been in discussions to amend the
Agreement, to expand the area defined in such Agreement as the "Property to allow for the
aforestated improvements." The amended Agreement will provide for the following:
1. provide the City with a permanent underground utility easement along the southwest
corner of the 600 Block (along West Avenue and 6th Street), to allow the City to install a
pump station with additional storm drainage pipes along that street edge;
2. provide the City with a subterranean generator for the proposed pump station with the
capacity to operate two pumps;
3. provide and maintain the landscaping and/or hardscape over the expanded Property
area; and
4. provide the City with soil excavated from the Project development for the City's use to a
location to be determined by the City.
The City will install and maintain the stormwater pump station. Furthermore, the City would
permit the stormwater generated by the Property to discharge into the City's line on 7th Street.
CONCLUSION
The Administration recommends approving the Resolution.
Attachment: Easement sketch and legal
MT/ETC/JJF/RWS
T:\AGE N DA\201 4\Decern beAPU BLIC WORKS\500 of Alton Road- ME MO.doex
5
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, AMENDING THE GRANT OF EASEMENT AND
AG RE EM E NT FOR STORMWATER AN D TRANSPORTATION !M P ROVEM ENTS
APPROVED BYTHE CITYGOMMISSION ON SEPTEMBER 11,2013, PURSUANT
TO RESOLUTION NO. 2013.28343, IN CONJUNCTION WITH THE VACATION OF
THE ALLEY LOCATED IN THE 5OO BLOCK OF ALTON ROAD, IN FAVOR OF
THE ADJACENT PROPERTY OWNERS, SOUTH BEAGH HEIGHTS I, LLC, 5OO
ALTON ROAD VENTURES, LLC, AND 1220 SIXTH, LLG; AND ACCEPTING THE
GRANT OF EASEMENT AND AGREEMENT, SUBJECT TO FINAL APPROVAL BY
THE CITY MANAGER AND CITY ATTORNEY.
WHEREAS, at its September 11,2013 meeting, the City Commission adopted Resolution
No.2013-28343, approving the vacation of the alley located in the 500 block of Alton Road, in favor
of the adjacent property owners, South Beach Heights l, LLC, 500 Alton Road Ventures, LLC, and
1220 Sixth, LLC to construct the "Waves" Project (the 500 Alton Project or the Project), a mixed-use
development (the "Vacation"); and
WHEREAS, as a condition of the granting of the Vacation, one of the applicants, 500 Alton
Road Ventures, LLC (500 Alton), agreed to grant the City an easement over its property which, in
part, requires 500 Alton to design and install stormwater improvements, consisting of subterranean
storage tanks providing storage for at least 287,980 gallons (to be situated on 500 Alton Road's
property (the Property); and
WHEREAS, upon construction of the stormwater improvements, 500 Alton would also be
responsible for the continued management and maintenance of the improvements; the City would
be granted an easement to inspect the facilities to ensure proper maintenance; and
WHEREAS, on October29,2013, the Cityand 500 Alton Road Ventures, LLCentered into
a Grant of Easement and Agreement for Stormwater and Transportation lmprovements (the
Agreement), which was subsequently record in the Official Records Book29281, Pages 1097 of the
Public Records of Miami-Dade County, Florida; and
WHEREAS, the City is in need of an additional area in which to locate a stormwater pump
station and related generator, as well as storm drainage pipes in order to facilitate the drainage in
the area adjacent to the southern end of West Avenue; and
WHEREAS, this portion of the City has one of the lowest elevations City-wide and additional
stormwater resources are needed; and
WHEREAS, unfortunately, there is very limited area available in the public right-of-way;
therefore, locating the facility on the adjacent private property would be the best solution; and
WHEREAS, Public Works staff and 500 Alton, have been in discussions to amend the
Agreement to allow for the aforestated additional improvements, which will also be situated on the
Applicant's property, thereby also requiring the need for an amended, expanded area, to be
incorporated to the definition of the "Property" under the Agreement; and
6
WHEREAS, this amendment will also allow for design improvements within the additional
Property area and permanently accommodate the stormwater generated by the Project; and
WHEREAS, under the amended Agreement, 500 Alton Road will also agree to the following:
1) Provide the City with a permanent underground utility easement along the southwest corner of the
600 Block (along WestAvenue and 6th Street), which will allowthe Cityio install a pump station with
additional storm drainage pipes along that street edge; 2) provide the City a subterranean generator
for the proposed pump station with the capacity to operate two pumps; 3) provide and maintain the
landscaping and/or hardscape over the portion of the expanded Property area; and 4) provide the
City with soil excavated from the Project development for the City's use, to a location to be
determined by the City; and
WHEREAS, the City will install and maintain the stormwater pump station; and permit the
stormwater generated by the Property to discharge into the City's line on 7th Street.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby amend the Grant of Easement and Agreement for Stormwater and Transportation
lmprovements approved by the City Commission on September 11 ,2013, pursuant to Resolution
No. 2013-28343, in conjunction with the vacation of the alley located in the 500 Block of Alton Road,
in favor of the adjacent property owners, South Beach Heights l, LLC, 500 Alton Road Ventures,
LLC, And 1220 Sixth, LLC; subject to final approval by the City Manager and City Attorney.
PASSED AND ADOPTED this 17th day of December,2014.
ATTEST:
Philip Levine, Mayor
Rafael Granado, City Clerk
City Attorney Date
T:\AGENDAt201 4\December\PU BLIC WORKS\500 alton road Reso.doc
APPROVED AS TO
FORM & TANGUAGE
&FORE)(ECUTION
\- tL - (L- t4-
4
Date
7
SURVEYORS & ASSOCIATES, INC.
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314
CERTIFICATE 0F AUTHORIZATI0N : LB # 6448
PHoNE (9s4) 68s-7766 FAX (9s4) 689-7799
@rilr
I u*ro* *oro, orro.,orr. I
WEST AVENUE
\
Lltlrd
ScSt\J Ctl
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CsrN
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I
i
REVISIONS DATE FB /PG DWN CKD
LANO OESCRIPTION & SKEICH t1/1E/11 AM REC
REVISEO LAND DESCRIPTION & SKETCH 11 /20/1 1 AM REC
REVISED LAND DESCRIPT'ON & SKEICH 1t /23/11 RFC PFC
LAND DESCRIPTION
& SKETCH
UTILITY
EASEMENT
. PROPERTY ADDRESS : It**J
a*--.r, f' = ."' I
G-rrr, *;-l
8
SURVEYORS & ASSOCIATES, INC.
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314
cERTlilcATE OF AUTHORIZATIoN : LB # 6448
pHoNE (954) 689-7766 FAX (954) 689-7799
@rilr
I u*ro* *oro, orro.,or* I
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
A PORTION OF LOTS 1,2 AND 32 OF BLOCK 2, "AMENDED PLAT FLEETWOOD SUBDIVISION",
lCcoiotNO TO THE pLAT THEREOF, AS RECORDED lN PLAT BoOK 28 AT PAGE 34' 0F THE
pUBLtC RECORDS OF MIAMI/DADE CoUNTY, FLORIDA, BEING MoRE PARTICULARLY oESCRIBED AS
FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 1;
THENCE SOUTH 89'37'30'' WEST ALONG THE SOUTH LINE OF SAID LOT 1, AND ALONG THE
NONTUENIV RIGHT OF WAY LINE OF 6TH AVENUE, A DISTANCE OF'111.13 FEET TO A TANGENT
CURVE CONCAVE TO THE NORTHEAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 15.00 FEET'
A CENTRAL ANGLE OF 75'36'39" AND AN ARC DISTAN.CE OF 19'27 FEEIi
THENCE NORTH 16'45,51,,WEST ALONG THE EASTERLY RIGHT OF WAY LINE OF WEST AVENUE,
A DISTANCE OF 51.32 FEET;
THENCE NORTH 11'41,12,, WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF
44.84 FEET;
THENCE NORTH 8,1'09'15" EAST, A DISTANCE 0F 23.02 FEET;
THENCE SOUTH 05:50,30" EAST, A DISTANCE OF 76.07 FEET;
THENCE SOUTH 56'56,59'' EAST, A DISTANCE OF 35.30 FEET;
THENCE NORTH 89'37,30'' EAST, A DISTANCE OF 201'64 FEET;
THENCE SOUTH OO'22,30" EAST, A DISTANCE OF 1 1.OO FEET;
THENCE SOUTH 69'37,30'' WEST ALONG THE SOUTH LINE OF SAIO LOT 32 AND ALONG THE
NORTH RIGHT OF WAY LINE OF 6TH STREET, A DISTANCE OF 112.45 FEET TO THE POINT OF
BEGINNING.
SA|D LANDS SITUATE, LYING AND BEING lN MIAMI/DADE CoUNTY, FLoRIDA, CoNTAINING 4'458
SQUARE FEET.
NOTES:
1. NOT VALID \A'ITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHIS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
,[. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED.
I HEREBY CERTIFY THAT THE ATTACHED ,,HND DESCRIPTION AND SKEICH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN NOVEMBER' 2014. I FURTHER CERTIFY
THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE MINIMUM
TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA
ACCORDTNG TO CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE.
PURSUANT TO SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE
QUALIFICATIONS NOTED HEREON.
FoR THE F,RM, By: P.qL:{ -Q-G:-
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRAIION NO. 4188
REVISIONS DATE FB/PG DWN CKD
I,AND OESCRIPTION & SKEICH 1t/18/11 AM REC
REVISEO LAND DESCRIPTION & SKETCH t1/20/11 AM REC
RSVISED LANO DESCRIPTION & SXETCH t1/23/11 REC REC
LAND DESCRIPTION
& SKETCH
UTILITY
EASEMENT
rPRoPERTY aDoREss : lL**J
9
THIS PAGE INTENTIONALLY LEFT BLANK
10
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending
Resolution No. 28060, Which Accepted The Grant Of A Subterranean Utility Easement From Bernard
Baumel (Trust), Owner Of The Property Located At 1700 West 25th Street, For The Construction,
lnstallation, Maintenance, Repair, And Replacement Of Water And Sewer Mains; Said Amendment
Approving And Providing For A Compensation To The Property Owner, ln Consideration For The Grant Of
The Easement, ln The Amount Of $100,000.
!ntended Outcome
Ensure Well Maintained lnfrastructure
Item Summary/Recommendation :
The City has an 8-inch diameter watermain and an 8-inch diameter sanitary sewer force main running
beneath the water channel separating Sunset lslands ll and lll. These mains were installed via an open cut
trench method and have several bends that allow them to connect to easements on the islands that are
offset from each other. Both the existing water and sewer subaqueous pipes have reached their life
expectancy of +39 years. Therefore, they will need to be replaced soon.
Due to the difficulty in permitting, as well as the intrusiveness of installing new mains via an open cut, the
City has determined that the horizontal directional drill method as the most practical method for installing
these mains. However, mains installed via this method can only have a limited deflection. As a result, the
old easements are too far offset to be used, and a new easement is needed on Sunset lsland ll in order to
install both the new subaqueous watermain and sanitary sewer force main.
At its November 14,2012 Meeting, the City Commission adopted Resolution No. 2012-28060, accepting a
subterranean utility easement from Bernard Baumel (Trust), owner of the property located at 1700 West
25'n Street, for the construction, installation, maintenance, repair, and replacement of water and sewer
mains. However, the recording of the easement did not take place due to monetary compensation being
requested by the owner.
An appraisal for the property was conducted and presented to Public Works by Blazejack & Company on
March 2013, which reported a market value of the partial interest property in the amount of One Hundred
Twenty Five Thousand Dollars ($125,000)
CURRENT STATUS
City staff has met with the owner and has negotiated a value of the area needed for the installation of the
utilities for a onetime sum of $100,000.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisorv Board Recommendation:
Financial I nformation:
Financial lmpact Summary:
Eric Carpenter, Public Works X6012
DepartmentDirector Assistant ttrt !tranager city tvlflflger
ETC 7I'-rdf.\lf\\JLMfllit t
14\December\PuBLIC WORKS\1 700 W 25 ST Easement Sum.docT:lAGENDA\20
AGE}IDT ITEM C7 E
DArE /e'/?-//# fiIIIAnAIBEACH 11
4 MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISS ON MEMORANDUM
TO: Mayor Philip Levine and Members the City mrssron
FROM: Jimmy Morales, City Manager
DATE: December 17,2014
SUBIECT: A RESOLUTION OF THE MAY D CITY COMMISSION OF THE CITY OF MIAMI
GRANT OF A SUBTERRANEAN UTILITY EASEMENT FROM BERNARD BAUMEL
(TRUST), OWNER OF THE PROPERTY LOCATED AT 17OO WEST 25th STREET, FORTHE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND
REPLACEMENT OF WATER AND SEWER MAINS; SAID AMENDMENT APPROVING
AND PROVIDING FOR A COMPENSATION TO THE PROPERTY OWNER, IN
CONSIDERATION FOR THE GRANT OF THE EASEMENT, IN THE AMOUNT OF
$100,000.
FUNDING
$50,000 425-0410-000349
$50.000 425-0420-000349
$100,000
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND
The City has an 8-inch diameter watermain and an 8-inch diameter sanitary sewer force main
running beneath the water channel separating Sunset lslands ll and lll. These mains were installed
via an open cut trench method and have several bends that allow them to connect to easements on
the islands that are offset from each other. Both the existing water and sewer subaqueous pipes
have reached their life expectancy of +80 years. Therefore, they will need to be replaced soon.
Due to the difficulty in permitting, as well as the intrusiveness of installing new mains via an open
cut, the City has determined that the horizontal directional drill method as the most practical method
for installing these mains. However, mains installed via this method can only have a limited
deflection. As a result, the old easements are too far offset to be used, and a new easement is
needed on Sunset lsland ll in order to install both the new subaqueous watermain and sanitary
sewer force main.
12
City Commission Memorandum - Easement at 1700 W 25 Street
December 17, 2014
Page 2 of 2
At its November 14, 2012Meeting, the City Commission adopted Resolution No.2012-28060,
accepting a subterranean utility easement from Bernard Baumel (Trust), owner of the property
located at 17OO West 25th Street, for the construction, installation, maintenance, repair, and
replacement of water and sewer mains. However, the recording of the easement did not take place
due to monetary compensation being requested by the owner.
An appraisal for the property was conducted and presented to Public Works by Blazejack &
Company on March 2013, which reported a market value of the partial interest property in the
amount of One Hundred Twenty Five Thousand Dollars ($125,000).
CURRENT STATUS
City staff has met with the owner and has negotiated a value of the area needed forthe installation
of the utilities for a onetime sum of $100,000.
CONGLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
Attachments:
A. Resolution 2012-28062
B. Aerial of existing watermain and foremain and proposed easementC. Sketch and legal description of the proposed easementD. Appraisal of real property
J M/MT/ETC/J J F/BAM/FRS
T:\AGENDA\2014\DecembeAPUBLlC WORKS\1700 W 25 ST Easement Memo.doc
13
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 28060, WHICH
ACCEPTED THE GRANT OF A SUBTERRANEAN UTILITY EASEMENT FROM
BERNARD BAUMEL (TRUST), OWNER OF THE PROPERTY LOCATED AT 1700
WEST 25Th STREET, FOR THE CONSTRUCTION, INSTALLATION,
MAINTENANCE, REPAIR, AND REPLACEMENT OF WATER AND SEWER
MAINS; SAID AMENDMENT APPROVING AND PROVIDING FOR A
GOMPENSATION TO THE PROPERTY OWNER, IN CONSIDERATION FOR THE
GRANT OF THE EASEMENT, IN THE AMOUNT OF $1OO,OOO.
WHEREAS, the City has an 8-inch diameter watermain and an 8-inch diameter sanitary
sewer force main running beneath the water channel separating Sunset lslands ll and lll; and
WHEREAS, these mains were installed via an open cut trench method and have several
bends that allow them to connect to easements on the islands that are offset from each other. Both
the existing water and sewer subaqueous pipes have reached their life expectancy of +80 years.
Therefore, they will need to be replaced soon; and
WHEREAS, due to the difficulty in permitting, as well as the intrusiveness of installing new
mains via an open cut, the City has determined that a horizontal directional drill method as the most
practical method for installing these mains; and
WHEREAS, mains installed via this method can only have a limited deflection. As a result,
the old easements are too far offset to be used, and a new easement is needed on Sunset lsland ll
in order to install both the new subaqueous watermain and sanitary sewer force main; and
WHEREAS, at its November 14,2012 meeting, the City Committee adopted Resolution No.
2012-28060, accepting a subterranean utility easement from Bernard Baumel (Trust), owner of the
property located at 1700 West 25th Street (the Owner), for the City's constiuction, installation,
maintenance, repair, and replacement of water and sewer mains (the Easement); and
WHEREAS, the recording of the Easement did not take place due to monetary
compensation being requested by the Owner in consideration for its Grant of the Easement to the
City; and
WHEREAS, an appraisal forthe Easement propertywas conducted and presented to Public
Works by Blazejack & Company in March 2013, which reported a market value in the amount of one
hundred twenty five thousand dollars ($125,000); and
WHEREAS, City staff has met with the Owner and has negotiated a value of the area
needed for the installation of the utilities, the City would recommend that the Owner be paid a one
time sum in the amount of $100,000.
14
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby amend Resolution No. 28060, which accepted the grant of a subterranean utility easement
from Bernard Baumel (Trust), owner of the property located at 1700 West 25th Street, for the
construction, installation, maintenance, repair, and replacement of water and sewer mains; said
amendment approving and providing for a compensation to the property owner, in consideration for
the grant of the easement, in the amount of $100,000.
PASSED AND ADOPTED this 17th day of December,2014.
ATTEST:
Philip Levine, Mayor
Rafael Granado, City Clerk
City Attorney Date
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APPROI,EDAETO
FORIJI & I.ANGUAGE: IFOREXEGUTION
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ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY", BY AMENDING
ARTICLE !V, ENTITLED "USES !N PUBLIC RIGHTS.OF.WAY", BY
AMENDING DIVISION 5 THEREOF, ENTITLED "SIDEWALK CAFES", BY
AMENDING SUBDIVISION II THEREOF, ENTITLED "PERMIT", BY
AMENDING SECTTON 82.387 THEREOF, ENTITLED "PROHIBITED "NO
TABLE" ZONES", BY ADDTNG A NEW SUBSECTION (B) PROHIBITING
SIDEWALK CAFE OPERATIONS/PERMITTEES WITHIN THE CITY'S RIGHT.
OF.WAY ON EUCLID AVENUE BETWEEN LINCOLN ROAD AND LINCOLN
LANE SOUTH; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION I . That Subdivision ll of Division 5 of Article lV of Chapter 82 of the Code of the City
of Miami Beach, Florida, is hereby amended as follows:
'rfll3?'-=J'R****
ARTICLE lV. Uses in Public Rights-of-Way
***
DIVISION 5. Sidewalk Cafes
***
SUBDIVISION ll. Permit
Sec. 82-387. Prohibited "no table" zones.
(a) There shall be no sidewalk cafes permitted and/or placed within a section of the 1 100
block of Lincoln Road Mall, between Lenox Avenue and Alton Road; said section as more
specifically defined by the following description:
Agenda ttem flSL
oarc l2'17-ll17
Land Description:
A portion of Lincoln Road lying between Alton Road and Lenox Avenue, as shown on
"Commercial Subdivision," according to the plat thereof, as recorded in Plat Book 6, at plage 5
of the pBublic rBecords of MiamiA_Dade County, Florida, being more particularly described as
follows:
Commence at the southwest corner of Lot 6, Block 39 of said "Commercial Subdivision;" thence
south 89'08'55" west along the south line of Block 39 of said "Commercial Subdivision," a
distance of 11.20 feet; thence south 00'51'05" east, a distance of 25.00 feet to the point of
beginning; thence continue south 00'51'05" east, a distance of 50.00 feet; thence south
89'08'55" west along a line 25.00 feet north and parallel with the south right-of-way line of said
Lincoln Road, a distance of 190.08 feet; thence north 00'51"05lwest, a distance of 50.00 feet;
thence north 89'08"55" east along a line 25.00 feet south and parallel with the north right-of-way
line of said Lincoln Road, a distance of 190.08 feet to the point of beginning.
Said land situate, lying and being in the City of Miami Beach, MiamifDade County, Florida;
containing 9,504 square feet, more or less.
(b) There shall be no personaltv or equipment relatinq to the operation of a
restaurant. includino. without limitation, sidewalk caf6s, sidewalk caf6 furniture. qarbaqe
receptacles. storaoe containers, back-of-house operation, equipment or supplies, or anv other
similar itemsiCewalk-eafes permitted and/or placed within a section of the imoroved section of
Euclid Avenue, between Lincoln Road and Lincoln Lane South.
which section is more particularlv described. as follows:
Land Description:
A portion of Euclid Avenue Riqht-of-Wav as shown on the plat of "SECOND
COMMERICAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY',
accordinq to the plat thereof. as recorded in Plat Book 6. at Paqe 33. and the plat
of "LINCOLN SUBDIVISION". accordinq to the plat thereof, as recorded in Plat
Book 9. at Paqe 69. both recorded in the Public Records of Miami-Dade Countv,
Florida. bounded on the North bv
the extension of the South Rioht of Wav Line of Lincoln Road; bounded on the
South bv the extension of the North Rioht-of-Wav Line of Lincoln Lane South:
bounded on the East bv the East Riqht-of-Wav line of Euclid Avenue and
bounded on the West bv the West Riqht-of-Wav Line of Euclid Avenue, less the
northerlv 30 feet.
Said land situate, lvino and beinq in the Citv of Miaml Beach, Miami-Dade Countv, Florida:
containinq -14578 8,400 square feet. more or less.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY
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lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 4.CODIFICATION.
It ls the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article," or other appropriate word.
SECTION 5.EFFECTIVE DATE
This Ordinance shall take effect the _ day of ,2014.
PASSED and ADOPTED this _ day of _,2014.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S+Xe+nreugh de notes deletions
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APPROVED AS TO
FORM & TANGUAGE
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