Loading...
2014-11RESOLUTION NO. 2014 -11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DEDICATING A TWELVE (12) FOOT LONG BY THREE (3) FOOT WIDE EASEMENT TO MIAMI DADE COUNTY FOR THE AVENTURA PARKING EXPANSION PROJECT; PROVIDING FOR RECORDATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura requires potable water service for the Aventura Parking Expansion Project; and WHEREAS, Miami -Dade County requires an easement for operation and maintenance of water service lines for the Aventura Parking Expansion project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the Easement dedication, as reflected on the attached Grant of Easement document, is hereby accepted and the City Manager is hereby authorized to cause such Easement to be recorded in the Official Records of Miami -Dade County, Florida, subject to confirmation by the City Attorney as to the legal form and sufficiency of the Dedication and instrument of conveyance. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. That this Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner Holzberg, who moved its adoption. The motion was seconded by Commissioner Luz Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Billy Joel absent Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Howard Weinberg yes Mayor Susan Gottlieb yes Resolution No. 2014 -11 Page 2 PASSED AND ADOPTED this 4th day of March, 2014. SUSAN GOTTLIEB, MAYOR ATTEST: I 4 RESA M S RDKA, MMC FY CLERK) APPROVED AS TO LEGAL SUFFICIENCY- CITY ATTORNEY Tax Folio Number: 28- 1235- 079 -0010 Agmt ID 21561 GRANT OF EASEMENT THIS INDENTURE, made this day of , 20_, between CITY OF AVENTURA, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, whose mailing address is: 19200 W. Country Club Dr, Aventura, FL 33180, hereinafter called GRANTOR, and MIAMI -DADE COUNTY, a political subdivision of the State of Florida, whose mailing address is: c/o Miami -Dade Water and Sewer Department, P.O. Box 330316, Miami, Florida 33233 -0316, hereinafter called GRANTEE: WITNESSETH THAT, the GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations, the receipt of which is hereby acknowledged by the GRANTOR, has granted and does hereby grant, to the GRANTEE, its successors and assigns, forever, the right, privilege and easement to construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove and inspect water transmission and distribution facilities and all appurtenances thereto, including but not limited to, fire hydrants, and /or sewage transmission and collection facilities and all appurtenant equipment, which right, privilege and easement shall include the right to remove or demolish, with no obligation to repair or replace same, any obstructions placed on the easement, including pavers, or that may extend up to twenty -five (25) feet vertically above the finished grade over the easement, as may be necessary to carry out any right granted herein. This right, privilege and easement also provides GRANTEE with full and unlimited right of ingress thereto and egress there from on the property of the GRANTOR described as follows, to wit: See Exhibit "A" attached hereto and made a part hereof THE GRANTOR does hereby fully warrant that it has good title to the above - described property and that it has full power and authority to grant this easement. IN WITNESS WHEREOF, the GRANTOR by its proper officials has hereunto set its hands and seals the year and day first above written. ATTEST: CITYSD�E[�;MUNICIPAL CORPORATION OF THE By: Signature Signature Teresa M. Soroka, City Clerk Eric M. Soroka, City Manager STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this day of 20_ by Eric M. Soroka as City Manager and Teresa M. Soroka as City Clerk, of CITY OF AVENTURA, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA. They are personally known to me. NOTARY PUBLIC, SIGNATURE PRINT NAME MY COMMISSION EXPIRES This instrument prepared by Dan del Mazo, New Business Section Miami -Dade Water and Sewer Department 3575 S.LeJeune Road Miami, Florida 33146 "A" 1 of 1 1L K . ­- ABSOLUTE BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, CITY OF AVENTURA, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, hereinafter called GRANTOR which term shall include the singular or plural as the context shall require, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, paid and delivered by MIAMI -DADE COUNTY, a political subdivision of the State of Florida, hereinafter called GRANTEE, the receipt .whereof is hereby acknowledged, has granted, bargained, sold, transf erred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the GRANTEE, its successors and assigns, the following: All water & sewer facilities built and constructed tc serve Aventura Government Center Parking Garage, WB 2013 -030 & SB 2013 -582, ID# 21561 located in Section 3- 52 -42, Miami -Dade County, Florida, as shown on Exhibit "A" attached hereto and made a part hereof and as more particularly described on Exhibit "B" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the GRANTEE, its successors and assigns forever. GRANTOR does covenant to and with the GRANTEE, its successors and assigns, that GRANTOR is the lawful owner of the above described; that said property is free from all encumbrances; that GRANTOR has good right to sell the same aforesaid; that the GRANTOR will warrant and defend the sale of the said property unto the GRANTEE, its successors and assigns, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal this day cf 20 ATTEST: By: CITY OF AVENTURA, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA Signature Signature Teresa M. Soroka, City Clerk Eric M. Soroka, City Manager STATE OF FLORIDA COUNTY OF MIAMI -DADE The foregoing instrument was acknowledged before me this day of , 20 by Eric M. Soroka as City Manager and Teresa M. Soroka as City Clerk, of CITY OF AVENTURA, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA. They are personally known to me. NOTARY PUBLIC PRINT NAME SERIAL NUMBER State of Florida County of Miami -Dade FINAL WAIVER AND RELEASE OF LIEN - DEVELOPER having been duly sworn, deposes and says as follows,. To wit. 1. I, Eric M. Soroka, as City Manager of CITY OF AVENTURA, A MUNICIPAL CORPORATION (hereinafter called "the Developer "), with the right to execute this final waiver and release of lien. 2. For the consideration of amount of ten dollars ($10.00), the Developer hereby waives and releases all liens, lien rights, claims or demands of every kind whatsoever which the Developer now has on the construction of certain donated improvements, situated in Miami Dade County, Florida, described as: All water and sewer facilities built, constructed and installed to serve Aventura Government Center Parking Garage, WB 2013.030 & SB 2013 -582, ID# 21561 located in Section 3- 52-42, Miami Dade County, Florida, as shown on Exhibit "A" attached hereto and made a part hereof as more particularly described on Exhibit "B" attached hereto and made a part hereof. 3. Developer understands that this is a waiver and release of lien which the Developer has against the facilities described herein. Developer acknowledges that is has been paid in full for all work related to the water and sewer facilities described above. 4 Payments in full have heretofore been paid by the Developer to all persons, firms and corporations supplying labor, materials, equipment and supplies, used directly or indirectly by the Developer, or any subcontractor in the prosecution of the work provided on water and sewer facilities described herein. 5. There are no claims, demands or liens of any kind attributable to any action taken by the Developer in connection with the work described above which would cause, create or constitute a charge or lien against said Miami -Dade County or the Members of the Board of County Commissioners. 6. The undersigned warrants that no assignment of liens or claims, nor the right to perfect a lien, such as the Notice to Owner provision under Section 713.06 (2)(a) of the Florida Statutes, against improvements described or listed herein, has been or will be made, and that no claims are outstanding by subcontractors and/or vendors to the Developer. 7. The Developer hereby agrees to indemnify and hold harmless Miami -Dade County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the Miami -Dade County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of work by the Developer or its employees, agents, servants, partners, principals, contractors or subcontractors. Developer hereby agrees to pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of Miami -Dade County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. 8 Developer hereby waives and releases all claims of any sort as it may have against Miami -Dade County, at law or equity, arising out of the construction of the above water and sewer improvements. ATTEST: CITY OF AVENTURA, A MUNICIPAL CORPORATION By: Signature Signature Teresa M. Soroka, City Clerk Eric M. Soroka, City Manager STATE OF FLORIDA COUNTY OF MIAMI -DADE The foregoing instrument was acknowledged before me this day of , 20_ by Eric M. Soroka as City Manager and Teresa M. Soroka as City Clerk, of CITY OF AVENTURA, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA. They are personally known tome. NOTARY PUBLIC Print name SERIAL NUMBER N MIAMI -DADE COUNTY SEC:03 -TO WN:52- RAN:42 SCALE: N.T.S. THIS IS NOT AN ASBUILT THIS IS NOT A SURVEY 2" Water Service THREE STORY PARKING GARAGE ' i NEW MDWSD EASEMENT 4" GV _j — — — — — — — — — — — — — — 6 "x4" Red. 25' MDWK EASEMENT EXISTING 16" WATER MAIN I � 16 "x6" Tapping Sleeve Valve 1 537' to W Country Club Dr. P/L LEGEND WATER MAIN - ABANDONED OR REMOVED WATER MAIN - EXISTING • • • . • • • • • • • • • • - - - - -- DUAL SERVICE • • . • • • • • • • • . • • • • • ]- - WATER MAIN - NEW • • • • • • • • • • • • • • • 2" SERVICE • . . • • • • • • • • • • • • • • . • • �--� GATE VALVE / BUTTERFLY VALVE - EXISTING 4" SERVICE • - • • • • . • • • • • • • • C7-- -{ GATE VALVE I BUTTERFLY VALVE - NEW • • • • H TURBINE METER • • • • • • • • . • • • • �--{ TAPPING SLEEVE & VALVE • • • • • • . • • • • • H FIRE HYDRANT ASSEMBLY • • • • • • • • • • • • • } -- SINGLE SERVICE • • • . • • • • • • • • • • • • • - FIRELINE • . • • • • • • • • • • • • • • • • • • -lam WATER FACILITIES EXHIBIT "A" OF ABSOLUTE BILL OF SALE PROJECT NAME: AVENTURA GOVERNMENT CENTER - PARKING EXPANSION PROJECT LOCATION: 19200 W COUNTRY CLUB DR, AVENTURA, FL, 33180 CONTRACTOR: ROCK POWER PAVING DATE: 09/25/2013 1 AGREEMENT ID # : 21561 ER #: WB- 2013 -030 LEGAL DESCRIPTION A portion of Tract "A" of AVENTURA GOVERNMENT CENTER, according to the plat thereof, as recorded in Plat Book 156 at Page 57 of the Public Records of Miami -Dade County, Florida; being more particularly described as follows: Commence at the Northwest corner of said Tract "A ", thence run S02 °27'24 "E along the West line of said Tract "A" for a distance of 156.74 feet to a point of intersection with the South line of said Tract "A ", thence run N87 °3236 "E along the said South line of Tract "A" for a distance of 125.00 feet to a point, thence run S02 °27'24 "E for a distance of 2.50 feet to a Point of Intersection with the North line of a 25 foot utility easements as recorded in OR BOOK 13760 PAGE 1519 of the Public Records of Miami -Dade County, Florida, as shown on said plat, thence run N87 032'36 "E along the said North line of a 25 foot utility easement for a distance of 41.84 feet to the Point of Beginning, thence run NO2 °27'24 "W for a distance of 2.97 feet, thence run N87 032'36 "E for a distance of 12.00 feet, thence run S02 °27'24 "E for a distance of 2.97 feet to a Point of Intersection with the said North line of a 25 foot utility easement, thence run S87 °32'36 "W along the said North line of the 25 foot utility easement for a distance of 12.00 feet to the Point of Beginning. Lying in Section 3, Township 52 South, Range 42 East. 35.64 Square Feet PREPARED BY: Joseph L. Martin PLS # 4368 State of Florida County -Wide Land Surveyors, Inc. 15358 S.W. 140 St. Miami, Fl. 33196 (305) 772 -0766 LB # 4680 SURVEYORS CEZTIFICA`I'E:NOTE: "NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL.'° I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON COFiPI,IES TH TKE MINIMUM TECHNICAL STANDARDS ADOPTED BY THE FLORIDA BOARD OF S RVEYORS AND MAPPERS IN CHAPTER 5J -17 , FLORIDA ADMINISTRA VE CODE, PURSURANT TO SECTION 472.027, FLORIDA STATUTES. BY: SHEET 1 OF 2 Joseph L. Martin Professional Land Surveyor #4368 State of Florida S PREPARED BY: COUNTY -WIDE LAND SURVEYORS, INC. 15358 S.W. 140 St. 2_<_ ,1 Miami, F1. 33196 (305) 772 -0766 LB# 4680 S LEGEND POC Point of Commencement POB Point of Beginning NW Northwest ° Degree ' Minute or foot Second i l BY- 0 0 Joseph L. Martin Professional Land Surveyor #4368 State of Florida SCALE. 1"=20' SHEET 2 OF 2 N Q Z� t, n 2 •�� N N !! $7 ° 32' 3C� "� + N �7 3Z�3h'F f J ZS "oo N 9 )2" oo' `J Q BY- 0 0 Joseph L. Martin Professional Land Surveyor #4368 State of Florida SCALE. 1"=20' SHEET 2 OF 2 LEGAL DESCRIPTION A portion of Tract "A" of AVENTURA GOVERNMENT CENTER, according to the plat thereof, as recorded in Plat Book 156 at Page 57 of the Public Records of Miami -Dade County, Florida; being more particularly described as follows: Commence at the Northwest corner of said Tract "A ", thence run S02 °27'24 "E along the West line of said Tract "A" for a distance of 156.74 feet to a point of intersection with the South line of said Tract "A ", thence run N87 °32'36 "E along the said South line of Tract "A" for a distance of 125.00 feet to a point, thence run S02 °27'24 "E for a distance of 2.50 feet to a Point of Intersection with the North line of a 25 foot utility easements as recorded in OR BOOK 13760 PAGE 1519 of the Public Records of Miami -Dade County, Florida, as shown on said plat, thence run N87 032'36 "E along the said North line of a 25 foot utility easement for a distance of 41.84 feet to the Point of Beginning, thence run NO2 °27'24 "W for a distance of 2.97 feet, thence run N87 032'36 "E for a distance of 12.00 feet, thence run S02 °27'24 "E for a distance of 2.97 feet to a Point of Intersection with the said North line of a 25 foot utility easement, thence run S87 032'36 "W along the said North line of the 25 foot utility easement for a distance of 12.00 feet to the Point of Beginning. Lying in Section 3, Township 52 South, Range 42 East. 35.64 Square Feet PREPARED BY: Joseph L. Martin PLS # 4368 State of Florida County -Wide Land Surveyors, Inc. 15358 S.W. 140 St. Miami, Fl. 33196 �- (305) 772 -0766 LB # 4680 SURVFYORS C'ERT11 FICATE:NOTE: "NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON COMPLIES WITH E M£NIMUM TECHNICAL STANDARDS ADOPTED BY THE FLORIDA BOARD OF SURVE RS AND MAPPERS IN CHAPTER 5J -17 , FLORIDA ADMINISTRATIVE DE, PURSURANT TO SECTION 472.027, FLORIDA STATUTES. BY: SHEET 1 OF 2 Joseph L. Martin Professional Land Surveyor #4368 State of Florida PREPARED BY: COUNTY -WIDE LAND SURVEYORS, INC. 15358 S.W. 140 St. Miami, Fl. 33196 't� r (305) 772 -0766 ,, LB# 4680 S U LEGEND 4 POC Point of Commencement ' POB P 4- U i" o f N q � J Al $7 ° -, Z' 3 (�,' '6 1ZS,00' SOVIF+ G)AJr, J --Ifz, "Al, ul v % C � r ER N N � N N Beginning NW Northwest ° Degree ' Minute or foot If Second N � N N N � 12 •�� N �, N�� 32 F "A, .4-1 / N�7 °3Z'3�"E �r -1---I "–) 9 c � M a N iz V Cl- FJ 3 ')7 "3Z' 36 "Vi 12, 00' SCALE: 1 " =20' BY: SHEET 2 OF 2 Joseph L_ Martin Professional Land Surveyor #4368 State of Florida