Resolution No. 2020-25 Florida Dept. of Transportation Easement Contracts and Donation Forms - April 6, 2020RESOLUTION NO. 2020-25
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED EASEMENT CONTRACTS AND DONATION
FORMS FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR A PARCEL OF LAND CONSISTING OF +/- 1,399 sf PARCEL 809
OF THE SW 1/4 OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42
EAST, MIAMI-DADE COUNTY, FLORIDA; BETWEEN THE CITY OF
AVENTURA AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
WHEREAS, FDOT has requested that the City of Aventura ("City") donate to it a
Parcel of Land (`Permanent Easement") consisting of +/- 1,399 sf to facilitate the
construction of its SR-5/US-1 and West Dixie Highway Project; and
WHEREAS, the approval of the donation by the City in accordance with the below
referenced Easement Agreement, directly serves a municipal purpose; and
WHEREAS, the City Commission finds that the approval of the Easement
Agreement, substantially in the form attached as Exhibit "A"', is in the best interests of the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are true and correct, and are
incorporated herein by reference.
Section 2. Approval and Execution of Easement Agreement. The Easement
Agreement between the Florida Department of Transportation and the City substantially
in the form attached hereto as Exhibit "A", together with such non -material changes as
may be acceptable to the City Manager and approved as to form and legal sufficiency by
the City Attorney, is approved subject to the conditions set forth as follows:
A) FDOT shall not unreasonably interfere with Aventura's servient property
interests in the Easement Area from using or accessing the Easement Area, or
City of Aventura Resolution No. 2020-25
Aventura's real property that abuts it, with the understanding that if at any time
FDOT shall require that Aventura's use of or access to the Easement Area shall
be temporarily restricted or blocked, FDOT shall provide advance notice to, and
shall further provide alternate temporary means of access of equal or better
quality to, the Easement Area and Aventura's real property that abuts it.
Advance notice under this instrument shall be provided to Aventura at its
address of record at least seventy-two hours prior to any restrictions or
blockage of the Easement Area; and
B) Aventura may utilize the Easement Area in any manner that shall not interfere
or be inconsistent with FDOT's uses and purposes described herein, with the
understanding that Aventura shall not construct or erect permanent
improvements or structures under ,upon, or over the Easement Area.
Section 3. The City Manager is hereby authorized on behalf of the City to execute
the Easement Agreement, and any necessary amendments or addenda thereto.
Section 4. Authorization of City Officials; Execution of Documents. The
City Manager and the City Attorney are each authorized to take any action which is
necessary to implement the terms and conditions of the Easement Agreement, and to
prepare, execute and submit any documents necessary to effectuate the acceptance of
the Easement Agreement and carry out the purposes of the Resolution and the
Agreement.
Section 5. Effective Date. This Resolution shall become effective immediately
upon its adoption.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Commissioner Mezrahi, and upon being put to a
vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Marc Narotsky Yes
Mayor Enid Weisman Yes
Page 2 of 3
City of Aventura Resolution No. 2020-25
PASSED AND ADOPTED this 6th day of April, 2020.
liucR—l�Erdv— - _ _
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
V4 4_71� 1411c
CITY ATTORNEY
Page 3 of 3
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District General Counsel
State of Florida
1000 N.W. I I I" Avenue
Miami, Florida 33172
11 /25/2019 — MF
[12*32SIV-11 n WX11
809.1 R(02/28/2020)RT
433511-2
6
THIS EASEMENT Made the 6th day of April 2020 by CITY OF AVENTURA, a municipality of
the State of Florida, Grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and
assigns, Grantee.
WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable
considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its
successors and assigns —a I• • r.
br idge over the area South of NE 206" Street as the Ramp approaches the FEC corridor, and for other related
transportation purposes in, over, under, upon and through the following described land in the City of Aventura, Miami -
Dade County, Florida, viz:
PARCEL809 F.P. No. 433511-2
I tray 'rf
quarter (SW 1/4) of Section 34, Township 51 South, Range 42 East, Miami -Dade County, Florida, and being more
particularly described as follows:
tine or trie rionua East Coast Kailroau k rEC mence lonnerly along me arc or said curve ana saia Nigni-ol-Way line,
through a central angle of 00'03'27", for an arc distance of 22.96 feet; thence S85"05'14"E, departing said Right -of -Way
line, for a distance of 66.30 feet to the POINT OF BEGINNING.
VARW - M
mns
in a parcel height of 72.5 feet. This vertical space, as defined, is based on the North American Vertical Datum of 1988
(NAVD88).
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Maser Consulting P.A.
1 of 2
Date: 02/28/2020
TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by itsPIV-7 and
its seal to be hereto affixed, attested by its City Clerk, the date first above written. Manager
ATTEST:
Its City Clerk
STATE OF FLORIDA
COUNTY OF
CITY OF AVENTURA, Florida
By:
Its - - City Manager
City of Aventura
19200 W. Country 00D Drive
ven ura, FL 331BU
(Address)
The foregoing instrument was acknowledged befo me b e of l Dhysical Paga
sence or [ ]online
notarization, this /O �'' day of Pt?+�� , 20 Z� byonal� �.aSdti A,theCITY
OF AVENTURA, Florida. He/she is persona y known to me or ap produced
Notary Stamp
i • • ?
,ovF�
RICHARD ROBINSON
Notary Public - State of Florida
Commission N GG 096903
My Comm. Expires Jul 22, 2021
Bonded through National NotaryAtan.
as identification.
(Sig4.p taking acknowledgement)
l(.6 i40 Y�GX �7l N e1t7�-�
(Type, print or stamp name under signature)
Title or Rank and Serial No., if any:
2 of 2
575-030-12
RIGHT OF WAY
FDPnT OGC-1/19a
Florida Department of Transl
ON DESA TIS Office of Right of Way T,P.E.
GOVERNOR 1000 NW 111th Avenue,Room 6105®E
Nflami,FL 33172
Donation of Propertyto the Florida Department of Transportation
March 10th, 2020 IT /SEGMENT .. 433511-2
City of Aventura MANAGING DISTRICT.-
19200 W. Country Club Drive
Aventura, FL 33160F.A.P. NO.: N/A
STATER A NO.: R-51U -1 and W. Dixie HWY
COUNTY: Miami-Dade
PARCEL NO.: 809
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.
nems Signature
Ronald J. Wasson, Aventura City Manager
Type or Print PropertyOwner's Name
19200 W. Country Club Drive
Street Address
Aventura, FL 33180
City, State, Zip Code
April 6, 2020
Date
575-030-12
RIGHT OF WAY
FD T OGC-9/19
Florida Department of Transportation
INSTRUCTIONS FOR COMPLETION OF THE
PROPERTYDONATION OF TO THE
FLORIDA T T OF TRANSPORTATION (FORM 575-030-12)
This form should be printed on official DOT letterhead.
DATE AND INSIDE Space is provided for a date and inside address of the property owner.
PROJECT/PARCEL The following information can be located in the legal documents and Right of
INFORMATION: ay map for each project and is required on official Department forms:
Item/Segment No.
Managing District
F.A.P. No.
State Road No.
County
Parcel No.
SIGNATURE BLOCK: The owner must sign and provide an address and date before the Department
can accept the donation.
ORIGINAL: Parcel File
COPIES: Owner(s)
PARCEL 809 F.P. No. 433511-2
A portion of airspace within the Right-of-Way of East Dixie Highway and NE 206th Street, lying in the
Southwest one-quarter(SW 1/4) of Section 34, Township 51 South, Range 42 East, Miami-Dade County,
Florida,and being more particularly described as follows:
COMMENCE at the intersection of the North Right-of-Way line of NE 206th Street and the East Right-
of-Way line of East Dixie Highway, as extended Westerly and Southerly, respectively, said point being a
found 5/8 inch Iron Rod and Cap stamped "LB6632"; thence S02'06'56"W, along the Southerly
extension of said East Right-of-Way line of East Dixie Highway, for a distance of 59.93 feet to the
POINT OF BEGINNING of the hereinafter described parcel:
Thence S85°05'14"E for a distance of 19.42 feet to a point on a Florida Department of Transportation
("FDOT") Limited Access Right-of-Way line, as established per FDOT Right-of-Way Map for State
Road 5 (U.S. I /Biscayne Blvd.), Section 87030-2534, last revised 02/13/1998; thence along said Limited
Access Right-of-Way line for the following two (2) courses: thence S51'20'04"W for a distance of 20.85
feet; thence S87'50'29"W for a distance of 68.21 feet to a point on a non-tangent curve concave to the
East, having a radius of 22,831.22 feet, a chord bearing of NO2'23'05"W, and a chord distance of 22.96
feet; said curve being the Westerly Right-of-Way line of East Dixie Highway and Easterly Right-of-Way
line of the Florida East Coast Railroad ("FEC"); thence Northerly along the arc of said curve and said
Right-of-Way line, through a central angle of 00'03'27", for an arc distance of 22.96 feet; thence
S85'05'14"E, departing said Right-of-Way line, for a distance of 66.30 feet to the POINT OF
BEGINNING.
The above described parcel shall be contained within the following vertical space: the bottom plane of the
vertical space shall be at an elevation of 22.50 feet, and the top plane of the vertical space shall be at an
elevation of 95.00 feet, resulting in a parcel height of 72.5 feet. This vertical space, as defined, is based on
the North American Vertical Datum of 1988 (NAVD88).
Containing 1,399 square feet and a gross volume of 101,428 cubic feet, more or less.
John Liptak,PSM #5664 State of Florida
Maser Consulting P.A.
Date: 11/21/2019
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