HomeMy WebLinkAbout2004-25577 Reso 5���� I Itilll!lllf Itll!Iflll Illtl I
Ifllllflllllf Illf
OR 9k, 28310 Ps s 4690 - 4696; i. p s s)
RECORDED 10/12/2012 12:46:29
HARVEY RUVIH► CLERK OF COURT
RESOLUTION NO. 2004-25577 MIAMI-DARE r=OUHTY► FLORIDA
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A PERPETUAL EASEMENT IN FAVOR OF
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) ON TWO
SEPARATE STRIPS OF LAND ALONG THE EAST SIDE OF BRITTANY BAY
PARK, CONTAINING A TOTAL 1,578 SQUARE FEET; SAID EASEMENT
GRANTED FOR TRANSPORTATION PURPOSES WHICH ARE IN THE
PUBLIC OR COMMUNITY INTEREST AND FOR THE PUBLIC WELFARE,
FOR THE PURPOSE OF DEMOLITION OF THE 63RD STREET FLYOVER AND
FOR WIDENING THE INDIAN CREEK DRIVE CROSS-SECTION SO AS TO
ALLOW FOR THE CONSTRUCTION OF A TRIPLE-LEFT INTERSECTION, AS
PART OF FDOT'S AT-GRADE PROJECT AT 63RD STREET/INDIAN CREEK
DRIVE; PROVIDED FURTHER, THAT FDOT SHALL RESTORE, TO
SUBSTANTIALLY THE SAME CONDITION WHICH EXISTED IMMEDIATELY
PRIOR TO THE AFORESTATED WORK, AND AT FDOT'S SOLE COST AND
RESPONSIBILITY, ANY AND ALL AFFECTED CITY INFRASTRUCTURE
WITHIN THE EASEMENT AREAS, INCLUDING BUT NOT LIMITED TO,
UTILITY LINES, SIDEWALKS, AND LANDSCAPING; AND PROVIDED
FURTHER, THAT THE PERPETUAL EASEMENT GRANTED HEREIN WILL
BECOME NULL AND VOID, AND ANY INTEREST GRANTED TO FDOT
PURSUANT TO THE SAID EASEMENT SHALL BE EXTINGUISHED, AND
THE EASEMENT AREAS WILL AUTOMATICALLY REVERT BACK TO THE
CITY, SHOULD FDOT NOT COMMENCE CONSTRUCTION OF THE PROJECT
DESCRIBED HEREIN BY JANUARY 1, 2007.
WHEREAS, the Florida Department of Transportation (FDOT) has proposed to
replace the existing flyover at 63rd Street and Indian Creek Drive, with an at-grade
solution for the intersection (the Project); and
WHEREAS, in 2000, two independent evaluations of the FDOT study were
conducted, respectively, by the City and the surrounding neighborhood associations,
both confirming the FDOT findings for the Project; and
WHEREAS, on June 7, 2000, the City Commission endorsed the Project as the best
solution for the intersection; and
WHEREAS, in November 2003, the City conducted a third independent evaluation of
the FDOT proposal, which once again validated the original FDOT findings for the
Project; and
WHEREAS, in order to initiate, construct, and complete the Project, FDOT will
require that the City grant it a Perpetual Easement, consisting of two separate strips of
City-owned land, containing a combined total of 1,578 square feet, and located at the
easternmost portion of Brittany Bay Park, along the southbound Indian Creek corridor,
for the purpose of demolition of the existing 63rd Street flyover and construction of a
triple left intersection; and
WHEREAS, FDOT has made a written application to the City for said easement; and
WHEREAS, the Administration reviewed FDOT's request, as well as the attached
Perpetual Easement, and recommends that the Mayor and City Commission approve
same in substantial form, subject to any further changes the Administration and City
Attorney's Offices may have as to the final document; and
WHEREAS, the City Commission urges FDOT to add a protected U-tum movement
from north bound Collins Avenue and 63rd Street to south bound Indian Creek Drive.
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 approve and authorize the Mayor and City Clerk to execute a
Perpetual Easement in favor of the Florida Department of Transportation (FDOT) on two
separate strips of land along the east side of Brittany Bay Park, containing a total 1,578
square feet; said easement granted for transportation purposes which are in the public
or community interest and for the public welfare, for the purpose of demolition of the
63rd Street flyover and for widening the Indian Creek Drive cross-section so as to allow
for the construction of a triple-left intersection, as part of FDOT's At-Grade Project at
63rd Street at Indian Creek Drive; provided further, that FDOT shall restore, to
substantially the same condition which existed immediately prior to the aforestated
work, and at FDOT's sole cost and responsibility, any and all affected City infrastructure
within the Easement areas, including but not limited to, utility lines, sidewalks, and
landscaping; and provided further, that the Perpetual Easement granted herein will
become null and void, and any interest granted to FDOT pursuant to the said Easement
shall be extinguished, and the Easement areas will automatically revert back to the City,
should FDOT not commence construction of the Project described herein by January 1,
2007.
PASSED and ADOPTED this the 26th day of May, 2004.
M 6(AW &4A, Flolr(4
, 6 s �tCZ
'V�t�M YOR
ATTEST:
J► * ' f r b I
APPROVED A6= ��•(i
CITY CLERK FORM.4 LANGWQ*T:11 Do
T:IAGENDA12004 Wiar17041Regu1a663rd At-Grade Easement.reso.doc a s
4:71 1 11
Ci A ort16y a " +��10
s
I
CITY OF MIAMI BEACH /h
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the execution of a perpetual easement interest with FDOT to allow for the
construction of a triple-left-turn northward from 63rd Street onto Indian Creek Drive,as part of an at-grade
project which will replace the 63rd Street Flyover.
Issue:
Shall the City grant an easement to FDOT, as requested?
Item Summa /Recommendation:
This is a companion item to a previous Discussion Item on this Commission Agenda.
Resolution No. 2000-23965, dated June 7, 2000, endorsed an FDOT-proposed at-grade project for the
63rd Street/Indian Creek Drive intersection,after two independent traffic analysis of the area(conducted
respectively by consultants for the City and the adjacent Neighborhood Associations) agreed with the
FDOT conclusions. Subsequently, at City Commission request,a third independent traffic analysis was
completed in November 2003,by HNTB, Inc. This analysis,using 2003 traffic data,once again confirmed
the results of previous traffic studies.
In order to complete the final design plans for a construction planned to start in October 2005, FDOT
requests that the City grant a perpetual easement on two strips of land,for a combined 1578 sq.ft,out of
the easternmost portion of Brittany Bay Park.This easement will widen the Indian Creek Drive crossection
to allow for the construction of a landscaped median. FDOT can build a triple-left intersection(as part of the
at-grade project)without the easement, but then the landscaped median will not be built.FDOT has agreed
to restore, at its sole cost and responsibility, any City infrastructure, including utility lines, sidewalk, and
landscaping,that may be affected by the granting of this easement. The easement will revert back to the
City if the at-grade project is not under construction by 2007.This easement will not adversely impact the
ark or access to the park. The Administration recommends approval of the Resolution.
Adviso Board Recommendation:
The Transportation and Parking Committee,at their meeting of May 2000,endorsed and recommended the
proposed at-grade project.
Financial Information:
Source of ,:.:: �1rn ►uflt .. :
.
App
Funds:
Finance Dept. TOW!, N/A
City Clerk's Office Legislative Tracking:
[—Robert Halfhill
Sign-Offs:
Department rector :` AssistantI�iilrta®er City M�t�ger>
T:I AGENDA 120041May05o41Regular163rd At-Gr me t.summary.doc
AGENDA ITEM , 1
DATE 5:0-07
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
www.miamibeachfi.gov
COMMISSION MEMORANDUM
To: Mayor David Dermer and Date: May 26,2004
Members of the City Commission
From: Jorge M. Gonzalez
City Manager
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A PERPETUAL
EASEMENT INTEREST WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR TWO SEPARATE STRIPS OF LAND
ALONG THE EAST SIDE OF BRITTANY BAY PARK, CONTAINING 1578
SQUARE FEET,A LEGAL DESCRIPTION OF WHICH BEING ATTACHED
HERETO AND MADE PART OF THIS RESOLUTION. SAID EASEMENT
WILL WIDEN THE INDIAN CREEK DRIVE CROSSECTION TO ALLOW
FOR THE CONSTRUCTION OF A TRIPLE-LEFT INTERSECTION, AS
PART OF FDOT'S AT-GRADE PROJECT AT 63RD STREET AND INDIAN
CREEK DRIVE. FDOT AGREES TO RESTORE TO SUBSTANTIALLY THE
SAME CONDITION WHICH EXISTED IMMEDIATELY PRIOR TO SUCH
WORK, AT ITS SOLE COST AND RESPONSIBILITY, ANY AND ALL
AFFECTED CITY INFRASTRUCTURE WITHIN THE EASEMENT AREA,
INCLUDING BUT NOT LIMITED TO UTILITY LINES, SIDEWALK AND
LANDSCAPING; AND FURTHER THAT THE EASEMENT WILL BECOME
NULL AND VOID IF THE PROJECT IS NOT UNDER CONSTRUCTION
BEFORE THE YEAR 2007,AND THE RIGHTS CONVEYED BY THE CITY
REVERT BACK TO THE CITY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
This is a companion item to a previous Discussion Item on this Commission Agenda,
regarding the 63rd Street At-Grade Project.
Resolution No. 2000-23965 dated June 7, 2000 endorsed the Florida Department of
Transportation (FDOT)-proposed at-grade solution for the intersection of 63rd Street and
Indian Creek Drive, as the best traffic operations solution available for the area. FDOT
requests that the City grant a perpetual easement on two (2) strips of land along the east
property line of Brittany Bay Park, abutting Indian Creek Drive, containing 1,578 square
feet, as fully described in the attached easement document and map. This easement
May 26, 2004
Commission Memorandum
Easement to FDOT-Brittany Bay Park
Page 2
will widen the Indian Creek Drive crossection to allow for the construction of a landscaped
median. FDOT can build a triple left intersection (as part of the FDOT at-grade project)
without the easement, but then the landscaped median will not be built.
Three (3) independent evaluations of the FDOT study and findings were conducted
respectively by the City (Corradino Group, April 2000), the Neighborhood Associations
(Miller Engineering, April 2000); and again by the City (HNTB, Inc., November 2003).
These three independent evaluations concluded that the at-grade project is the best traffic
operations solution for the intersection.
In order to maintain the project schedule for construction start in October 2005, FDOT
urges the City to authorize the easement at this meeting. The proposed easement packet,
which is attached hereto, includes the following items:
o A letter-request (cover letter)from the FDOT Office of Right-of-Way Administration;
• Proposed easement Letter
• Proposed easement document/legal description
• Copy of the parcel sketch (map)
The Administration foresees no adverse impacts to Brittany Bay Park, due to the granting
of the easement. FDOT has agreed to include the following City-imposed conditions as
part of the easement documentation:
1. Upon completion of the work required to be performed, FDOT agrees to restore to
substantially the same condition which existed immediately prior to such work, at its
sole cost and responsibility, any and all affected city infrastructure within the easement
area, including but not limited to utility lines, sidewalk and landscaping; and further that
2. The easement will become null and void if the project is not under construction before
the year 2007, and the rights conveyed by the City revert back to the City.
The Administration recommends approval of the Resolution.
JG/RM/FB/JJ/AJ
Attachment: Proposed Easement Packet received from FDOT
T:\AGENDA\2004W1arl704\Regular\63rd At-Grade Easement.memo.doc
I
OR BK 28310 PG 461716
L.AST PAGE
• w �
' 575-030.12
RIGHT OF WAY•W99
Florida Department of Transportation
JEB BUSH JOSE ABREU
GOVERNOR SECRETARY
Donation of Property to the Florida Department of Transportation
January 1, 2004 ITEM/SEGMENT NO.: 2499401
Mr. Fred Beckmann, Director of Public Works MANAGING DISTRICT: Six F.A.P. NO.: n/a
City of Miami Beach
1700 Convention Center Drive STATE ROAD NO.: SR Al (Indian Creek Drive) _
Fourth Floor COUNTY: MIAMI-DADE
Miami Beach,Florida 33139 PARCEL NO.: 800
INTEREST CONVEYED: 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. �n (�
F(0V I
ATTEST:
Ow er's Signature
City of Miami Beach
Maria MArtinez, Assistant City Clerk Type or Print Property Owner's Name
for Robert Parcher, City Clerk
1700 Convention Center Drive, Fourth Floor
Street Address
Miami Beach, Florida 33139
City, State,Zip Code
June 15, 2004
Date
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
meyw Date
www.dot.st:ate.fl.us tiJ RECYCLED PAPER
RESOLUTION NO. 2004-25577
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A PERPETUAL EASEMENT IN FAVOR OF
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) ON TWO
SEPARATE STRIPS OF LAND ALONG THE EAST SIDE OF BRITTANY BAY
PARK, CONTAINING A TOTAL 1,578 SQUARE FEET; SAID EASEMENT
GRANTED FOR TRANSPORTATION PURPOSES WHICH ARE IN THE
PUBLIC OR COMMUNITY INTEREST AND FOR THE PUBLIC WELFARE,
FOR THE PURPOSE OF DEMOLITION OF THE 63RD STREET FL YOVER AND
FOR WIDENING THE INDIAN CREEK DRIVE CROSS-SECTION SO AS TO
ALLOW FOR THE CONSTRUCTION OF A TRIPLE-LEFT INTERSECTION, AS
PART OF FOOT'S AT-GRADE PROJECT AT 63RD STREETIINDIAN CREEK
DRIVE; PROVIDED FURTHER, THAT FOOT SHALL RESTORE, TO
SUBSTANTIALLY THE SAME CONDITION WHICH EXISTED IMMEDIATELY
PRIOR TO THE AFORESTATED WORK, AND AT FOOT'S SOLE COST AND
RESPONSIBILITY, ANY AND ALL AFFECTED CITY INFRASTRUCTURE
WITHIN THE EASEMENT AREAS, INCLUDING BUT NOT LIMITED TO,
UTILITY LINES, SIDEWALKS, AND LANDSCAPING; AND PROVIDED
FURTHER, THAT THE PERPETUAL EASEMENT GRANTED HEREIN WILL
BECOME NULL AND VOID, AND ANY INTEREST GRANTED TO FOOT
PURSUANT TO THE SAID EASEMENT SHALL BE EXTINGUISHED, AND
THE EASEMENT AREAS WILL AUTOMATICALLY REVERT BACK TO THE
CITY, SHOULD FOOT NOT COMMENCE CONSTRUCTION OF THE PROJECT
DESCRIBED HEREIN BY JANUARY 1, 2007.
WHEREAS, the Florida Department of Transportation (FDOT) has proposed to
replace the existing f1yover at 63rd Street and Indian Creek Drive, with an at-grade
solution for the intersection (the Project); and
WHEREAS, in 2000, two independent evaluations of the FDOT study were
conducted, respectively, by the City and the surrounding neighborhood associations,
both confirming the FDOT findings for the Project; and
WHEREAS, on June 7,2000, the City Commission endorsed the Project as the best
solution for the intersection; and
WHEREAS, in November 2003, the City conducted a third independent evaluation of
the FDOT proposal, which once again validated the original FDOT findings for the
Project; and
WHEREAS, in order to initiate, construct, and complete the Project, FDOT will
require that the City grant it a Perpetual Easement, consisting of two separate strips of
City-owned land, containing a combined total of 1,578 square feet, and located at the
easternmost portion of Brittany Bay Park, along the southbound Indian Creek corridor,
for the purpose of demolition of the existing 63rd Street f1yover and construction of a
triple left intersection; and
WHEREAS, FOOT has made a written application to the City for said easement; and
WHEREAS, the Administration reviewed FOOT's request, as well as the attached
Perpetual Easement, and recommends that the Mayor and City Commission approve
same in substantial form, subject to any further changes the Administration and City
Attorney's Offices may have as to the final document; and
WHEREAS, the City Commission urges FOOT to add a protected U-turn movement
from north bound Collins Avenue and 63rd Street to south bound Indian Creek Drive,
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 approve and authorize the Mayor and City Clerk to execute a
Perpetual Easement in favor of the Florida Department of Transportation (FOOT) on two
separate strips of land along the east side of Brittany Bay Park, containing a total 1,578
square feet; said easement granted for transportation purposes which are in the public
or community interest and for the public welfare, for the purpose of demolition of the
63rd Street f1yover and for widening the Indian Creek Drive cross-section so as to allow
for the construction of a triple-left intersection, as part of FOOT's At-Grade Project at
63rd Street at Indian Creek Drive; provided further, that FOOT shall restore, to
substantially the same condition which existed immediately prior to the aforestated
work, and at FOOT's sole cost and responsibility, any and all affected City infrastructure
within the Easement areas, including but not limited to, utility lines, sidewalks. and
landscaping; and provided further, that the Perpetual Easement granted herein will
become null and void, and any interest granted to FOOT pursuant to the said Easement
shall be extinguished, and the Easement areas will automatically revert back to the City,
should FOOT not commence construction of the Project described herein by January 1,
2007.
PASSED and ADOPTED this the 26th day of May, 2004.
1k CifI rl M i ~ f>>.J., flovt~
.I-~" 5~ Cfww} VI(J0 ~
rv \CRM YOR
ATTEST:
~~~.
r CITY CLERK
APPROVED ItS TO
FORM & LANGUAGE
& FOR EXECUTION
T:\AGENDA\2004\Mar1704\Regular\63rd At-Grade Easement.reso.doc
1.1if_ &1,;.-QV
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
-
Condensed Title:
A Resolution authorizing the execution of a perpetual easement interest with FOOT to allow for the
construction of a triple-left-turn northward from 63rd Street onto Indian Creek Drive, as part of an at-grade
oroiect which will reolace the 63rd Street Flvover.
Issue:
Shall the City grant an easement to FOOT, as requested?
Item Summa /Recommendation:
This is a companion item to a previous Discussion Item on this Commission Agenda.
Resolution No. 2000-23965, dated June 7, 2000, endorsed an FOOT-proposed at-grade project for the
63rd Street/Indian Creek Drive intersection, after two independent traffic analysis of the area (conducted
respectively by consultants for the City and the adjacent Neighborhood Associations) agreed with the
FOOT conclusions. Subsequently, at City Commission request, a third independent traffic analysis was
completed in November 2003, by HNTB, Inc. This analysis, using 2003 traffic data, once again confirmed
the results of previous traffic studies.
In order to complete the final design plans for a construction planned to start in October 2005, FOOT
requests that the City grant a perpetual easement on two strips of land, for a combined 1578 sq.ft, out of
the easternmost portion of Brittany Bay Park. This easement will widen the Indian Creek Drive crossection
to allow for the construction of a landscaped median. FOOT can build a triple-left intersection (as part ofthe
at-grade project) without the easement, but then the landscaped median will not be built. FOOT has agreed
to restore, at its sole cost and responsibility, any City infrastructure, including utility lines, sidewalk, and
landscaping, that may be affected by the granting of this easement. The easement will revert back to the
City if the at-grade project is not under construction by 2007. This easement will not adversely impact the
ark or access to the ark. The Administration recommends a roval of the Resolution.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. .Total N/A
City Clerk's Office Legislative Tracking:
I Robert Halfhill
Si
"rector
City Manager
AGENDA ITEM
DATE
R7G-
5-J.0 -0 C(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Date: May 26, 2004
Jorge M. Gonzalez
City Manager
()~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A PERPETUAL
EASEMENT INTEREST WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FOOT) FOR TWO SEPARATE STRIPS OF LAND
ALONG THE EAST SIDE OF BRITTANY BAY PARK, CONTAINING 1578
SQUARE FEET, A LEGAL DESCRIPTION OF WHICH BEING ATTACHED
HERETO AND MADE PART OF THIS RESOLUTION. SAID EASEMENT
WILL WIDEN THE INDIAN CREEK DRIVE CROSSECTION TO ALLOW
FOR THE CONSTRUCTION OF A TRIPLE-LEFT INTERSECTION, AS
PART OF FOOT'S AT-GRADE PROJECT AT 63RD STREET AND INDIAN
CREEK DRIVE. FOOT AGREES TO RESTORE TO SUBSTANTIALLY THE
SAME CONDITION WHICH EXISTED IMMEDIATELY PRIOR TO SUCH
WORK, AT ITS SOLE COST AND RESPONSIBILITY, ANY AND ALL
AFFECTED CITY INFRASTRUCTURE WITHIN THE EASEMENT AREA,
INCLUDING BUT NOT LIMITED TO UTILITY LINES, SIDEWALK AND
LANDSCAPING; AND FURTHER THAT THE EASEMENT WILL BECOME
NULL AND VOID IF THE PROJECT IS NOT UNDER CONSTRUCTION
BEFORE THE YEAR 2007, AND THE RIGHTS CONVEYED BY THE CITY
REVERT BACK TO THE CITY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
This is a companion item to a previous Discussion Item on this Commission Agenda,
regarding the 63rd Street At-Grade Project.
Resolution No, 2000-23965 dated June 7, 2000 endorsed the Florida Department of
Transportation (FDOT)-proposed at-grade solution for the intersection of 63rCl Street and
Indian Creek Drive, as the best traffic operations solution available for the area. FDOT
requests that the City grant a perpetual easement on two (2) strips of land along the east
property line of Brittany Bay Park, abutting Indian Creek Drive, containing 1,578 square
feet, as fully described in the attached easement document and map. This easement
May 26, 2004
Commission Memorandum
Easement to FOOT-Brittany Bay Park
Page 2
will widen the Indian Creek Drive crossection to allow for the construction of a landscaped
median. FOOT can build a triple left intersection (as part of the FOOT at-grade project)
without the easement, but then the landscaped median will not be built.
Three (3) independent evaluations of the FOOT study and findings were conducted
respectively by the City (Corradino Group, April 2000), the Neighborhood Associations
(Miller Engineering, April 2000); and again by the City (HNTB, Inc" November 2003).
These three independent evaluations concluded that the at-grade project is the best traffic
operations solution for the intersection.
In order to maintain the project schedule for construction start in October 2005, FOOT
urges the City to authorize the easement at this meeting. The proposed easement packet,
which is attached hereto, includes the following items:
Q A letter-request (cover letter) from the FOOT Office of Right-of-Way Administration;
Q Proposed easement Letter
Q Proposed easement document/legal description
Q Copy of the parcel sketch (map)
The Administration foresees no adverse impacts to Brittany Bay Park, due to the granting
of the easement. FOOT has agreed to include the following City-imposed conditions as
part of the easement documentation:
1. Upon completion of the work required to be performed, FOOT agrees to restore to
substantially the same condition which existed immediately prior to such work, at its
sole cost and responsibility, any and all affected city infrastructure within the easement
area, including but not limited to utility lines, sidewalk and landscaping; and further that
2. The easement will become null and void if the project is not under construction before
the year 2007, and the rights conveyed by the City revert back to the City.
The Administration recommends approval of the Resolution.
JG/RM/FB/JJ/AJ
Attachment: Proposed Easement Packet received from FOOT
T:\AGENDA\2004\Mar1704\Regular\63rd At-Grade Easement.memo.doc
\\
575-1)30.12
RiGHT OF WAY. C/6199
Florida Department of Transportation
JEB BUSH
GOVERNOR
JOSE ABREU
SECRETARY
Donation of Property to the Florida Department of Transportation
January 1, 2004
ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F,A.P, NO,:
STATE ROAD NO.:
COUNTY:
PARCEL NO.:
INTEREST CONVEYED:
2499401
Six
n/a
SR AlA (Indian Creek Drive)
MIAMI-DADE
800
Mr. Fred Beckmann, Director of Public Works
City of Miami Beach
1700 Convention Center Drive
Fourth Floor
Miami Beach, Florida 33139
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 hislher 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
"o1"'b,low. 1k ~ ~ Jl11~ ~,F{OVI~
ATTEST, ~t2.~ (J1,OD I V/tL Hwfi
7t~'[~<f
Maria MArtinez, Assistant City Clerk
for Robert Parcher, City Clerk
City of Miami Beach
Type or Print Property Owner's Name
1700 Convention Center Drive, Fourth Floor
Street Address
Miami Beach, Florida 33139
City. State, Zip Code
June 15, 2004
Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Ai~~I/ "'-' ~ I )-cJY
mey~r Date
WWw.dot.state.fl.u5 * AECYCLEOPAPER