2007-26464 Reso
RESOLUTION NO. 2007-26464
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING A PERPETUAL NON-EXCLUSIVE UTILITY EASEMENT
FROM OBR LIMITED, A DELAWARE LIMITED PARTNERSHIP, AS THE OWNER OF THE
PROPERTY LOCATED AT 4835 COLLINS AVENUE, FOR A PORTION OF THE LOT
LOCATED WEST OF LOT 1 OF THE AMENDED PLAT OF FIRST OCEAN FRONT
SUBDIVISION OF THE MIAMI BAY SHORE COMPANY, FORAN EXISTING TWELVE (12)
INCH CITY WATER MAIN AND FOR THE CONSTRUCTION, INSTALLATION,
MAINTENANCE, REPAIR AND REPLACEMENT OF PIPES, METERS, AND CONDUITS
WITHIN THE UTILITY EASEMENT AREA.
WHEREAS, the original plat of Indian Beach Corporation's Subdivision of Lands in
Government Lots 1 to 6, platted in April 1920, and the abutting plat to the north of First Ocean Front
Subdivision of Miami Beach Bay Shore Company, had a shift of approximately 35 ft. in the east
right-of-way line of Collins Avenue, delineated by these plats; and
WHEREAS, the Florida Department of Transportation (FOOT), who owns the Collins
Avenue right-of-way, realigned Collins Avenue in the 1960's, resulting in surplus land adjacent to
the properly located at 4835 Collins Avenue property; and
WHEREAS, the City had installed(in the 1950's), a 12 inch water main in the east side of the
Collins Avenue right-of-way, lying within the area between the original platted right-of-way of Collins
Avenue and the realigned one; and
WHEREAS, when OBR Limited acquired the property located at 4835 Collins Avenue,
consisting of Lots 20,21,22 and 23 of Indian Beach Corporation's Subdivision and Lot 1 of the First
Ocean Front Subdivision of the Miami Bay Shore Company, it included the parcel of land lying west
of Lot 1, where the City's water main is located; and
WHEREAS, OBR Limited has agreed to provide the City with the attached Perpetual Non-
Exclusive Utility Easement for the construction, installation, maintenance, repair and replacement of
pipes, meters, conduits within the easement area.
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 accept
Perpetual Non-Exclusive Utility Easement from OBR Limited, a Delaware Limited Partnership, as
the owner of the property located at 4835 Collins Avenue, for a portion of the lot located west of Lot
1 of the Amended Plat of First Ocean Front Subdivision of the Miami Bay Shore company, for an
existing twelve (12) inch City water main for the construction, installation ain nance, repair and
replacement of pipes, meters, conduits within this Easement Area.
PASSED and ADOPTED this 14th day of February
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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ATT",ST: .. e \
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CITY CLERK .
Robert Parcher
T:\AGENDA\2007\jan1707\Consent\4835 Easement Reso.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission accepting an easement from OBR Limited, owners of
the property located at 4835 Collins Avenue, for an existing 12 inch City water main on a portion of
this property, for the construction, installation, maintenance, repair and replacement of pipes, meters,
and conduits within this oeroetual non-exclusive utilitv easement area.
Ke Intended Outcome Su orted:
Ensure Well Maintained Infrastructure
Issue:
Shall the City accept this perpetual non-exclusive easement on the property located at 4835 Collins
Avenue and owned b OBR Limited?
Item Summary/Recommendation:
The original plat of Indian Beach Corporation's Subdivision of Lands in Government Lots 1 to 6 , platted in
April 1920 and the abutting plat to the north of First Ocean Front Subdivision of Miami Beach Bay Shore
Company had a shift of approximately 35 ft. in the east right-of-way line of Collins Avenue, delineated by
these plats. Florida Department of Transportation, which owns the Collins Avenue right-of-way, realigned
Collins Avenue in the 1960's, resulting in surplus land adjacent to the 4835 Collins Avenue property,
between the realigned and the original right-of-ways.
The City however had a 12 inch water main installed in the 1950's within this area of the right-of-way, which
was acquired by OBR Limited when they purchased the property located at 4835 Collins Avenue.
When OBR Limited started reconstruction and development of their project at this location, they discovered
the City's water main crossing the northwest corner of this property.
After being given a choice between relocation ofthe water main or granting an easement, OBR Limited has
consented to provide the City with a non-exclusive perpetual easement for the construction, installation,
maintenance, repair and replacement of pipes, meters, and conduits within a non-exclusive utility
easement area, on a portion of the property where the existing water main is.
The Administration recommends the Commission adoot the Resolution.
Advisory Board Recommendation:
I
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
Robert Halfhill, Public Works X6833
Si n-Offs:
Department
City Manager
JMG
C-7P
~'flI-07
lD
.....
MIAMIBEACH
AGENDA ITEM
DATE
lD MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachA.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 14, 2007
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING AN EASEMENT FROM OBR LIMITED,
A DELAWARE LIMITED PARTNERSHIP, AS THE OWNER OF THE PROPERTY
LOCATED AT 4835 COLLINS AVENUE, FOR A PORTION OF THE LOT
LOCATED WEST OF LOT 1 OF THE AMENDED PLAT OF FIRST OCEAN
FRONT SUBDIVISION OF THE MIAMI BAY SHORE COMPANY, FOR AN
EXISTING 12 INCH CITY WATER MAIN AND FOR THE CONSTRUCTION,
INSTALLATION, MAINTENANCE, REPAIR AND REPLACEMENT OF PIPES,
METERS, AND CONDUITS WITHIN THIS PERPETUAL NON-EXCLUSIVE
UTILITY EASEMENT AREA.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The original plat of Indian Beach Corporation's Subdivision of Lands in Government Lots 1-
2-3-4-5 and 6 of Section 23 Township 53 South, Range 42 East was platted in April 1920.
Just to the north and abutting this plat, the First Ocean Front Subdivision of Miami Beach
Bay Shore Company was platted and recorded in March 1921.
The east right-of-way line of Collins Avenue, delineated by these two plats has
approximately a 35 feet shift towards the east at the First Ocean Front Subdivision of Miami
Beach Bay Shore Company plat (See attached sketch).
In the 1950's, when the City installed a 12 inch water main on the east side of Collins
Avenue, the pipe was aligned to cross diagonally along this shift of the right-of-way.
In 1960, Florida Department of Transportation, who owns Collins Avenue right-of-way,
aligned the roadway along the 4800 block of Collins Avenue. The area between the aligned
roadway and the shift of the right-of-way was surplus property that was acquired by the
owners of the adjacent 4835 Collins Avenue property.
City Commission Memorandum - Easement at 4835 Collins Avenue
December 6, 2006
Page 2 of 2
ANALYSIS
When OBR Limited acquired the property located at 4835 Collins Avenue, consisting of Lots
20,21, 22 and 23 of Indian Beach Corporation's Subdivision and Lot 1 of the First Ocean
Front Subdivision of the Miami Bay Shore Company, it included the parcel of land lying west
of Lot 1, as shown in the attached Title Insurance in Exhibit "B".
During reconstruction and development of the project on the above parcels in 2005, OBR
Limited discovered the City's water main crossing the northwest corner of this property.
When this issue was brought up to the City's Public Works Department's attention, OBR
Limited was given two alternatives: 1. to relocate the existing 12 inch water main pipe into
the adjacent right-of-way or 2. to provide the City with a utility easement for accessing the
existing water main, for repair, replacement and maintenance of this and any services
connected to it.
OBR Limited had elected the second alternative and provided the City with the attached
executed perpetual non-exclusive utility easement.
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission adopt the Resolution accepting an easement from OBR Limited, a Delaware
Limited Partnership, as the owner of the property located at 4835 Collins Avenue, for a
portion of the lot located west of Lot 1 of the Amended Plat of First Ocean front Subdivision
of the Miami Bay Shore Company, for an existing 12 inch City water main for the
construction, installation, maintenance, repair and replacement of pipes, meters, and
conduits within this non-exclusive utility easement area.
T:\AGENDA\2007\jan1707\Consent\4835EasementMemo.doc
This instrument Prepared by:
Name:
Co. Name:
Address:
PERPETUAL NON-EXCLUSIVE UTILITY
EASEMENT
Parcel I.D .02-3223-002-013
( Maintained by County Appraiser)
The undersigned Grantor/s, in consideration of the payment of $10.00 and
other good and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to the City of Miami Beach, a municipal corporation under
the laws of the State of Florida, whose address is 1700 Convention Center Drive, Miami
Beach, FL., 33139 (City),its employees, licensees, agents, successors, and assigns, a non- Reserved for County Recorder
exclusive utility easement in perpetuity for the construction, installation, operation and
maintenance of pipes, meters, conduits and all manner of utilities, and telecommunication equipment; with the right to construct,
reconstruct, improve, add to, repair and remove all or part of such facilities within the easement area described as follows:
(SEE LEGAL DESCRXPTXON ATTACHED AS EXHXBXT ~A")
Together with the unlimited right of ingress and egress to said premises containing the easement, at all times; the right to clear the
land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed
and cut all dead, weak, leaning or dangerous trees or limbs outside the easement area which might interfere with or fall upon the
meters or equipment or the easement area; to install, repair and maintain the meters, pipes, instruments and equipment; and/or such
other related purposes and activities as the City may in its discretion deem necessary; to backfill or reconstruct with only regular fill
any area of the easement following excavation; and/or to restore the easement area to its condition existing prior to any work
performed by the City, only if the existing condition is made up of flat, at grade non-reinforced regular concrete, asphalt or St.
Augustine grass. No other improvements, such as lighting, landscaping, walls, curbs, pavers, irrigation etc. shall be constructed
within the easement area except if permitted by Public Works Department with a recorded Covenant stating the Grantor/s
responsibility to remove and restore such improvements as a result of any work by Public Works Department within the Easement.
STATE OF . ~ C ;', d Cl AND COUNTY OF (VI II+'!--< f .6 d de.. .The foregoing instrument was acknowledged
before me this I day of ~, 20 (. (" ,by ~'xx< L S I ,....,. :-Ie ,'_Co ~ " , for
and on behalf of G 6P, h<vr:/Jr-te-J'(
respectively
corporate entity, or a Florida corporation, on behalf of said corporation,
produced .. . as identification, and who did (did ~~tll~ljlloJlij},th.
My CommIssIOn Expues: ,AeOL /1 ..<o! 1.) ~,,~~.~;f.~l.d~~"'''''''_ n
. $ .=..v.\A\SSIOJ\.' -. :~ "rs-'
$ ..-OJ" 11 tt.... ~ f __ r; -',
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and for executioni*: ... ~ :*I.----~ h \ . !i21arp'ublic, Signature
S a ~ lDO 53764 Print Ni!"e l"\e f, , I'-- .-4 I. --:-l"/ d I-< ~ .._,
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who are personally known to me or have
Approved as to form and language
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4835CollinsEasmtDoc2.doc
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EXHIBIT "A"- Sketch at 4835 Collins Avenue R-Q-W
realignment and water main utility easement
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309908237
A.L.T.A. COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE A
OffICe File Number
Effective Date
December 16. 1999
atll :00 PM
Commitment Number
1. Policy or Policies to be issued:
OWNER'S POLICY (10-17-92)
with Florida Modifications
Proposed Insured:
To be determined
To Be Determined
2. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple, and title thereto is
at the effective date hereof vested in:
OBR Limited, L.P., a Delaware limited partnership
3. The Land is described as follows:
A parcel ofland lying Westerly of and adjacent to the Westerly line of Lot I, AMENDED PLAT OF FIRST OCEAN FRONT
SUBDIVISION OF THE MIAMI BEACH BAY SHORE COMPANY, recorded in Plat Book 9, at Page 78, of the Public
Records of Miami-Dade County, Florida, being more particularly described as follows:
The POINT OF BEGINNING being the Northwest corner of said Lot I; thence run South 08' 40'10.6" West for a distance of
99.87 feet; thence run North 82' 35'49.4" West for a distance 004.00 feet to a point of intersection with a circular curve
concave to the East having a radius 00305.55 feet and a chord bearing of North 10' 52'01" East; thence Northeasterly along
said curve through a central angle of I' 44'08" and an arc distance of 100.13 feet to a point; thence South 82' 35'49.4" East for a
distance 000.16 feet to the POINT OF BEGINNING.
EXHIBIT "B"
Note: This Commitment consists of insert pages labeled in Schedule A,
Schedule B-Section 1, and Schedule B-Section 2. This Commitment is of no
force and effect unless all schedules are included, along with any Rider pages
incorporated by reference in the insert pages.
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