2007-26619 ResoRESOLUTION NO. 2007-26619
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 AN EASEMENT BETWEEN THE
CITY, AS GRANTOR, AND THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT), AS GRANTEE, FOR AN APPROXIMATELY
ONE FOOT WIDE STRIP OF LAND IN NORTH SHORE OPEN SPACE
PARK, FROM 79TH STREET TO 87TH STREET, ABUTTING THE EAST
SIDE OF COLLINS AVENUE, AND FOR AN APPROXIMATELY ONE FOOT
WIDE STRIP OF LAND, FROM 85TH STREET TO 87TH STREET,
ABUTTING THE WEST SIDE OF COLLINS AVENUE (SAID EASEMENT
AREA(S) AS FURTHER SPECIFICALLY DELINEATED IN ATTACHMENT
"A" TO THE EASEMENT); SAID EASEMENT REQUIRED BY FDOT FOR
THE PURPOSE OF DESIGNING, CONSTRUCTING, AND MAINTAINING
NEW ADA COMPLIANT SIX (6') FOOT WIDE PUBLIC SIDEWALKS, AS
PART OF THE FDOT ADA INTERSECTION AND SIDEWALK
IMPROVEMENTS PROJECT ALONG COLLINS AVENUE, FROM 79TH
STREET TO 87TH STREET; AND FURTHER AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A TEMPORARY LICENSE
AGREEMENT WITH FDOT, FOR THE PURPOSE OF PERMITTING FDOT
TO USE THE ADJACENT APPROXIMATELY FIVE (5) FOOT WIDE STRIP
OF LAND ADJACENT TO THE AFORESTATED EASEMENT
AREA(S), DURING CONSTRUCTION OF THE PROJECT.
WHEREAS, in 2002 the Florida Department of Transportation (FDOT) prepared an
American with Disabilities Act (ADA) final report that summarized conditions of
intersections and sidewalks within State roads in Miami Beach, as they related to ADA
compliance; and
WHEREAS, the study identified those intersections and sidewalks that were
accessibly deficient or not ADA compliant; and
WHEREAS, following the report, FDOT has begun a series of projects to remediate
and bring into compliance those State road segments that were identified in the report as
being deficient or not ADA compliant; and
WHEREAS, on June 8, 2007, FDOT submitted to the City, 100% Design Drawings
for the construction of new ADA compliant intersections and sidewalks along Collins
Avenue (State Road Al A), from 79th Street to 87th Street, and requested an easement for
construction of same to be located immediately adjacent to and in front of the North Shore
Open Space Park; and
WHEREAS, the proposed new sidewalk and requested easement will be in the
grassy swale areas found outside the fenced limits of the Park, westward of the fence and
adjacent to the existing curb and gutters; and
WHEREAS, the location of the existing adjacent curb and gutters does not provide
sufficient width to facilitate the placement of the new sidewalk on both sides of the street;
and
WHEREAS, the FDOT has requested an easement, from the City, along the east
side of Collins Avenue from 79 Street to 87th Street, and along the west side of Collins
Avenue from 85th Street to 87th Street, for the construction and maintenance of a new
ADA compliant six (6) foot wide sidewalk (the Easement); and
WHEREAS, in addition to the Easement, FDOT is also requesting a temporary
license agreement for FDOT's use of the strip of land adjacent to the Easement for
construction purposes during construction (to facilitate the construction process); and
WHEREAS, presently, these portions of Collins Avenue are without sidewalks and
are missing ADA compliant pedestrian ramps; and
WHEREAS, the construction of FDOT's proposed ADA Intersection and Sidewalk
Improvements Project is in the public's best interest and provides for the benefit and
welfare of pedestrian activity in the North Beach area; and
WHEREAS, the new sidewalks are necessary to provide a safe accessible
environment for the resident and visitors to access the public parks, parking facilities and
transit bus stops located along the busy thoroughfare.
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 Clerk
execute an easement between the City, as grantor, and the State of Florida Department of
Transportation (FDOT), as grantee, for an approximately one foot wide strip of land in
North Shore Open Space Park, from 79th Street to 87th Street, abutting the east side of
Collins Avenue, and for an approximately one foot wide strip of land, from 85th Street to
87th Street, abutting the west side of Collins Avenue (said easement area(s) as further
specifically delineated in attachment "A" to the easement); said easement required by
FDOT for the purpose of designing, constructing, and maintaining new ADA compliant six
(6') foot wide public sidewalks, as part of the FDOT ADA Intersection and Sidewalk
Improvements Project along Collins Avenue, from 79th Street to 87th Street; and further
authorizing the City Manager or his designee to execute a Temporary License Agreement
with FDOT, for the purpose of permitting FDOT to use the adjacent approximately five (5)
foot wide strip of land adjacent to the aforestated easement area(s), during construction of
the project.
PASSED and ADOPTED this 5th day of September , 2007.
ATTEST:
APPROVED A8T0
ORM & LAt*~GUAGE
CITY CLERK Matti Herrera Bower
Robert Parcher Vice-Mayor
T:WGENDA\2007\sep0507\Consent\Collins 79 to 87 Reso.doc
ttorney
/f
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving and Authoring the Execution of an Easement Between the City and the FDOT for the
Purpose of Constructing and Maintaining New ADA Compliant 6' Sidewalk Along Collins Avenue From 79tH Street to
87th Street in Front of the North Shore Open Space Park as Part of the FDOT ADA Intersection and Sidewalk
Improvement Project. Further Authorize the Execution of a Temporary License Agreement with FDOT to Permit the
Use of Adjacent 5' Wide Strip of Land Adjacent to Aforestated Easement Areas During the Project's Construction.
Key Intended Outcome Supported:
Ensure Well Maintained Infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.):
51 % of residents and 46% of businesses rated the condition of sidewalks as either fair or poor.
Issue:
Shall the City approve and authorize execution of the sidewalk easement and license agreement?
item SummaryiKecommenaation:
As part of an ongoing ADA study, FDOT prepared a report summarizing and identifying accessibly deficient and/or
non-ADA compliant intersections and sidewalk within State Roads in Miami Beach. Following the report FDOT
established a series of projects to make those State Road segments ADA compliant.
In June 2007 FDOT submitted to City 100 % construction drawings of new ADA compliant intersections and
sidewalks along Collins Avenue from 79tH Street to 87tH Street and requested an easement for construction and
maintenance of the sidewalk. The new sidewalk shall be placed in the grassy swale area in front of the North Shore
Open Space Park, westward of the park fence and adjacent to the Curb and Gutter.
Additionally, it was agreed by the City, as part of FDOT's proposed ADA Intersection and Sidewalk Improvements
Project that the Park trees (defective and invasive species), in conflict with the proposed new sidewalk, would be
removed by FDOT subject to obtaining the required permits.
In order to keep the project on schedule, FDOT is requesting an easement from the City ,along the east side of
Collins Avenue from 79tH Street to 87tH Street, and along the west side of Collins Avenue from 85tH Street to 87tH
Street, as fully described in the attached sketch. FDOT is also requesting a temporary license agreement to use the
strip of land adjacent to the requested easement for construction purposes only during the construction process.
These portions of Collins Avenue are without sidewalk and are missing ADA compliant ramps. The proposed FDOT
project is in the public's best interest and provides for the benefit and welfare of pedestrian activities in the North
Beach area. The new sidewalks are necessary to provide a safe environment for all to access the public facilities and
transit bus stop along this busy thoroughfare.
The Administration recommends the Commission to adopt the Resolution.
Adviso Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Fernando Vazquez, Public Works X6399
Sian-Offs:
bepartment Director Assistant C' anager City, Manager
FHB JMG
T:\AGENDA\2007\sep0507\Consent\Collins 79 to~ttf~f!"oc
m MIAMIBEACH
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~GE~~A ITEM C 7 L
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 5, 2007
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 AN EASEMENT BETWEEN THE CITY, AS
GRANTOR, AND THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT), AS GRANTEE, FOR AN APPROXIMATELY ONE
FOOT WIDE STRIP OF LAND IN NORTH SHORE OPEN SPACE PARK, FROM
79TH STREET TO 87TH STREET, ABUTTING THE EAST SIDE OF COLLINS
AVENUE, AND FOR AN APPROXIMATELY ONE FOOT WIDE STRIP OF
LAND, FROM 85TH STREET TO 87TH STREET, ABUTTING THE WEST
SIDE OF COLLINS AVENUE (SAID EASEMENT AREA(S) AS FURTHER
SPECIFICALLY DELINEATED IN ATTACHMENT "A" TO THE EASEMENT);
SAID EASEMENT REQUIRED BY FDOT FOR THE PURPOSE OF DESIGNING,
CONSTRUCTING, AND MAINTAINING NEW ADA COMPLIANT SIX (6') FOOT
WIDE PUBLIC SIDEWALKS, AS PART OF THE FDOT ADA INTERSECTION
AND SIDEWALK IMPROVEMENTS PROJECT ALONG COLLINS AVENUE,
FROM 79TH STREET TO 87TH STREET; AND FURTHER AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE A TEMPORARY LICENSE
AGREEMENT WITH FDOT, FOR THE PURPOSE OF PERMITTING FDOT TO
USE THE ADJACENT APPROXIMATELY FIVE (5) FOOT WIDE STRIP OF LAND
ADJACENT TO THE AFORESTATED EASEMENT AREA(S), DURING
CONSTRUCTION OF THE PROJECT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
In 2002, as part of an ongoing American with Disabilities Act (ADA) study, the Florida
Department of Transportation (FDOT) prepared a final report that summarized the condition
of intersections and sidewalks, within State roads in Miami Beach, as it relates to
accessibility and ADA compliance. The study identified those intersections and sidewalks
that were accessibly deficient or not ADA compliant. Following the report, FDOT has begun
a series of projects to remediate and bring into compliance those State road segments that
were identified in the report as being deficient or not ADA compliant.
On June 8, 2007, FDOT submitted to the City's, Publics Works Department, 100% Design
Drawings for the construction of new ADA compliant intersections and sidewalks along
Collins Avenue (State Road A1A), from 79th Street to 87th Street, and requested an
easement for construction and maintenance of the new sidewalk. The proposed new
sidewalk is to be placed immediately adjacent to and in front of the North Shore Open Space
Park, in the grassy swale areas found outside of the fenced limits of the Parks, westward of
the fence and adjacent to the e~asting curb and gutters.
Furthermore, as part of FDOT's proposed ADA Intersection and Sidewalk Improvements
Project, several Park trees are in conflict with the proposed new sidewalk. In June 2007 City
and FDOT representatives inspected the trees in conflict with the new sidewalk, and
determined that many of the trees had significant defects and the remaining are prohibited
invasive species. It was therefore agreed by all, that the trees in conflict with the proposed
sidewalk would be removed, subject to obtaining the required permits.
In order to keep this Project on schedule for bidding in August of 2008, FDOT is requesting
an Easement, from the City running along the east side of Collins Avenue from 79 Street to
87th Street, and along the west side of Collins Avenue from 85th Street to 87th Street, as more
fully described in the attached sketch. In addition to the Easement for the construction and
maintenence of the new sidewalk, FDOT is also requesting a temporary license agreement
to use the strip of land adjacent to the requested Easement for construction purposes. The
temporary license agreement will be used only during construction to facilitate the
construction process.
Presently, these portions of Collins Avenue are without sidewalk and are missing ADA
compliant pedestrian ramps. The construction of the proposed ADA Intersection and
Sidewalk Improvements Project is in the public's best interest and provides for the benefit
and welfare of pedestrian activity in the North Beach area. The new sidewalks are necessary
to provide a safe accessible environment for the resident and visitors to access the public
parks, parking facilities and transit bus stops located along the busy thoroughfare.
The easement documents will be reviewed by the Public Works Department and City
Attorney's Office prior to execution by the City.
CONCLUSION
The Administration recommends approval of the FDOT easement and temporary license
agreement.
JMG/ RCM/ FHB/ FV
T:\AGENDA\2007\sep0507\Consent\Collins 79 to 87 Reso.doc
Collins Avenue (State Road A1A), from 79tH Street to 87tH Street, and requested an
easement for construction and maintenance of the new sidewalk. The proposed new
sidewalk is to be placed immediately adjacent to and in front of the North Shore Open Space
Park, in the grassy swale areas found outside of the fenced limits of the Parks, westward of
the fence and adjacent to the existing curb and gutters.
Furthermore, as part of FDOT's proposed ADA Intersection and Sidewalk Improvements
Project, several Park trees are in conflict with the proposed new sidewalk. In June 2007 City
and FDOT representatives inspected the trees in conflict with the new sidewalk, and
determined that many of the trees had significant defects and the remaining are prohibited
invasive species. It was therefore agreed by all, that the trees in conflict with the proposed
sidewalk would be removed, subject to obtaining the required permits.
In order to keep this Project on schedule for bidding in August of 2008, FDOT is requesting
an Easement, from the City running along the east side of Collins Avenue from 79 Street to
87tH Street, and along the west side of Collins Avenue from 85tH Street to 87tH Street, as more
fully described in the attached sketch. In addition to the Easement for the construction and
maintenence of the new sidewalk, FDOT is also requesting a temporary license agreement
to use the strip of land adjacent to the requested Easement for construction purposes. The
temporary license agreement will be used only during construction to facilitate the
construction process.
Presently, these portions of Collins Avenue are without sidewalk and are missing ADA
compliant pedestrian ramps. The construction of the proposed ADA Intersection and
Sidewalk Improvements Project is in the public's best interest and provides for the benefit
and welfare of pedestrian activity in the North Beach area. The new sidewalks are necessary
to provide a safe accessible environment for the resident and visitors to access the public
parks,. parking facilities and transit bus stops located along the busy thoroughfare.
The easement documents will be reviewed by Legal prior to their execution.
CONCLUSION
The Administration recommends approval of the FDOT easement and temporary license
agreement.
JMG/ FHB/ FV
T:\AGENDA\2007\sep0507\Consent\Collins 79 to 87 Reso.doc
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