96-050 RESOLUTION NO. 96-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED
SUBORDINATION OF CITY UTILITY INTERESTS FOR
PARCEL NO. 103.5R AND SUBORDINATION OF CITY
UTILITY INTERESTS FOR PARCEL NO. 103.4R BY AND
BETWEEN THE CITY OF AVENTURA AND THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section '1. The City Manager is hereby authorized to execute the attached
Subordination of City Utility Interests for Parcel No. 103.5R and Subordination of City
Utility Interests for Parcel No. 103.4R by and between the City of Aventura and the
State of Florida Department of Transportation.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember Cohen, who moved its
adoption. The motion was seconded by Councilmember Rogers-Libert, and upon being
put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Resolution No. 96-50
Page 2
Councilmember Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 5th day of ~m~ 1~
ARTHUR L SN~YD~, MAYOR
ATTEST: ~%
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
WEISS SEROTA ~ HELF~^W, P.~.
ATTORNEYS AT LAW
oAv.o .. WOL,,, 0ctob~r 17, 1996 "O~"ATO"..FLO,IDA 3~6
~Mr. Ralph P. M axon
District Right3of WayManager
State Department of Transportation
~000 N.W. lll Avenue, Room $1~6
Miami, FL 33172
Re: Subordination of city of Aventura
Utility Easement Interests for Parcel 103
of Project 87030-2570
Dear Mr. Maxon:
We are in receipt of the proposed Subordination of City
ptility Interests (the "Documents") as prepared by the F.D.O.T.
'The City of Aventura (the ,"City") has no objection to subordinating
.the interests described an such Documents. However, because of
time constraints, the City is unable to execute the Documents prior
to the anticipated closing date of October 21, 1996. We expect
~hat ~he Documents will be executed immediately following the City
ouncll meeting of November 5, 1996.
Please advise if anything further is required at this.time.
· · . ~ Yours very truly,
~ David M. Wolpin
DMW~bk\328001
Cc: Eric Soroka, City Manager
Jays Epstein, Director of Building & Zoning
TurnberryA~sociates
1~-'5TA. 507+00,489 = +00.404 (F)
N.E. 1915t STREET ~ 16.444m(53.95') LT.~
o ;
~ L=l.9,;3Dm(39.14' C) /BRS. WASH, % '" ' : 0
.l~bm~J.t~z ~KI. CB=N~I2'43'47iE (C) LB#696"~'
NO2'OT'21'W ~ (4.0o'-~
)45.760m(150J3'-C) 4.725m
NO2'OT'21'W (15.50'-C)
45.382m(148.89'-C)
SO2'O?'21'E SHEET
PAVED PARKING
R/W LINE 6
z R/W
~ LINE
f (19.50'-C)RT, +89.893(6) I
R=8,000m(26,25'-C) 13,90$m 18,288m
A=89'42'16' (C) (45.61'-C)RT,
FD. CUT NAiL _
) X'x~l.524m(5,) 30+29,063
TRAFFIC SIGNAL ESMT.' ON LINE~'f
ORB. 13563. P6.720
SEE
SHEET 6
5.944m
(19.50'-C)RT. I
- D, NAIL/P.C.P.
L5~2262
30+91.440 (F) "B"
'S U B D f V f B E D ~o.6~m~;4.~'mT.
S
OJUS, FLORIDA
PG,
24
N.E. COP., S.W. I/4,
SEC. 0~-52-42
NOT FOUND :>
NOTE: FD. 0,102m(4') SO, P.R.M. -.. '~ ~- I 5
W/DISK#2094 THIS IS NOT A EY
N; (+)0.128m(0.42') BISCAYNE BOULEVARD'
E: (+)0.058m(0.19')
FLOR[DA DEPARTMENT OF TRANSPORTATION
ONE STORY RIGHT OF WAY SURVEYING AND MAPPING
STEEL/ALUMINUM
.us,.ESS RIGHT OF WAY MAP.
STATE ROAD NO..5(U.S. NO. I )DADE COUNTY
I APPROVED DY i
eY ,, DATE DATE:
DRAWN CADD dULY 94 '
PAVED PARKING TRACED D.WICHSERI JULY 94 'OISTRICT.~"IOH~ OF WAY SURVEYOR
~,~r,-- z CHECKED J.EDGAR I JI.,IL~ 94
"~ I I iA&PS PREPARED I)Y I FIELD .oo,< ,o..s
23 -T.,'~L. 04-06/93
This instrument prepared by, .
or under the direction of,
D. ~U. chael 5chloes, ESq.
D~B~tC~ G~A1 CO~Gel Parcel NO. :103.4R(10-10-96)
S~ Of Florida P~oJec~ No. :87030-2570
~p~en~ o~ ~anB~lo~ ~.P.Z. No. :6113372
Sep~e~ 20~ 1995 - ~
~S AG~, en~ed ln~o ~t~ da~ o~ ,
199 ~ b~ and be~veen ~e S~A~E OF F~DA DEP~
~S~A~IO~ he~etnafb~ ~11ed ~e F~, and CZ~Y O~ ~,
he~etnaf~e~ called
WZ T~B8 B E T H~
~S, ~e City presently has an interest in certain lands
~at have been dete~ined necessa~ for highway pu~oses; and
~, ~e proceed use of ~ese lands for highway p~oses
will re~e s~rdination of ~e interest clawed in su~ lands by
City to ~e F~; and
~S, ~e F~T Is willing to pay to have ~e City's
faoilities relo~ted if necess~ to prevent conflict between the
faoilities so ~at the benefits of ea~ may be retained.
NOW, ~, in oonsld~ation of ~e mutual covenants and
promises of ~e parties hereto, city and F~ agree as follows:
City hereby s~ordinates to ~e interest of F~, its
su~essors, ~ assize, ~y ~d all of its interest In ~e lands as
follows, viz:
P~CEL 103 SE~ION 87030-2570
A potion of ~e ~% of ~e ~% of Section 3, To,ship ~2 Sou~,
Range 42 East, Da~e Cowry, Florida, being more pa~ioularly
desoribed as follows:
~CE at ~e Not,west corner of ~e Westerly 138.943 meters
(455.8~ feet) of ~a~ "B", ~INA SQU~ S~DIVISION, according to
~e plat ~ereof'as recorded In Plat Book 113, at Page 27, of
~11~ Reoords of Dads ~ty, Florida, ~is point ly~g on
~terly ~ght of Way li~e of State Road No.~ (U.S. Nc.i/Bisque
~e~), aB ~ on ~l~ plat ~ on ~e S~ of Florida State
~4 ~t ~W ~ ~oJe~ No. 41, now ~ as Seotion 87020-
2201, as re~ in Plat Book ~4, at Page ~3, of said
~ of Dads ~, Florl~; ~ ~ N02'07'21"W, along said
~st~ly Right of Way line of S~te Roa~ No. ~, for a 41st~oe
76.721 metes (2~1.71 fee~), to ~e po~t of int~seotio~ wl~ a
l~e 64.008 me~s (210.00 feet) S~ly of ~d ~allel wl~
No~ line of ~e ~ of ~e ~ of said Section 3, said point of
int~sec~lon ~ing ~e ~I~ OF ~I~ING of ~e parcel of land
hereinafter to be described; ~ence continue N02*07'21"W, along
said Easterly Right of Way 'Line of State Roa~ No. 5, for a
41s~ of 4~.760 metes (150.13 feet}, ~o ~e point of c~at~e
of a ~ir~l~ ~e oon~ave ~o ~e sou~east; ~enoe
No~west~ly, No~ly an4 No~east~ly, along ~e ar~ of said
~ ~ to ~e right ~ving a ra~i~s of ~.620 me~s (25.00
feet), ~ou~ a oentral angle of 89'42'16", for an aro len~ of
11.9~0 meters (~9.14 feet), to ~e point of tangency wl~ a line
10.668 meters ~3~.00 feet} Soundly of and parallel wl~ ~e Nor~
line of ~e ~ of ~e SW% of said Section 3, said line ~lng
8ou~erly Right of Way line of N.E. 1915t Street, as desoribed
lof 4
Riqht of Nay deed to Dads County recorded in Official Record Book
X2775, at Rage 987 of said Public Records of Dads County; Florida;
thence run N87*34~SS,E; along last described l~ne for a dis~an~e of
5.224 meters (17o14 feet) to a point of cusp and the point of
curvature of a circUlar curve concave tot he Southeast; thence run
Southvesterly, Southerly and Southeasterly, along the arc of said
circular curve to the left, having a radius of 8.000 meters (26.25
feet) through · central angle of 89'42~16#, for an arc distance of
12o525 meters (41o09 feet), to the point of tangency with e line
ly~lg 4.846 meters (lS.90 feet) Easterly of and parallel with said
Easterly R~ght of Way line of State Road No. 5; thence run
B02*0?~21HB, along last described parallel line for a distance of
45.382 meters (148.89 feet) to the point of intersection with the
above mentioned line being 64.008 meters (210.00 feet) Southerly of
and parallel with the North line of the NW~ of the SW~ of said
Section 3; thence run B87'34*55"W along last described parallel
l~ne, for · distance of 4.846 meters (15.90 feet), to the POINT OF
BEGINNING.
Containing 259.8 square meters (2t796 square feet), more or less.
~/OH/12/13/94
~R/OH/09/08/O$/R
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
TRAFFIC 10-06-86 DONALD SOFFER !DADE COUNTY 13563-720
SIGNAL as to an
EASEMENT undivided
70.155%, EUGENE
KESSLER, as to
an undivided
14.05%, RITA
SOFFERSCHWARTZ
es to an
undivided 15%,
and IDA SOFFER
REIS, as to an
undivided .795%
PROVIDED that the City has the follow£nq rights=
1. The City shall b~vethe right to construct, operate, maintai/1,
improve, add to, upgrade, remove, and relocate facilities on,
within, and ttpon the lands described herein in accordance with
the FDOT's current minimum standards for such facilities as
required by the FDOT, Utility Accommodation Nanual in effect
et the tL~e the agreement is executed. Any new construction
or relocation of facilities within the lands will be sub~ect
to prior approval by the FDOT. Should the FDOT fail to
approve any new construction or relocation of facilities by
the city or require the city to alter, adjust, or relocate its
facilities located within said lands, the FDOT hereby agrees
to pay the Cost of such alteration, adjustment, or relocation,
including, hut not l£mited to the cost of acquiring
appropriate easements.
2. Notwithstanding any provisions set forth herein, the terms of
the utility permits shall supersede any contrary provisions,
with the exception of the provision herein with reimbursement
rights.
2 of 4
The City ebel~ have a reasonable right to enter upon t-he leeds
described herein for the purposes outlined in Paragraph 1
above, including the right to trim such trees, brush, ~, and
growth which might endanger or ~nterfera with such feoilit~as,
provLded that euoh rights do not interfere wich the operation
and safety of the FDOT~e faoll~tiee.
The City agrees to repair any damage to FDOT faoilitiee and to
indemnify the FDOT against any loss or damage resulting from
the City exercising its rights outlined in Paragraphs i and 3
IN WITNESS WHEREOF, =he Department hereto has executed this
agreement on the day and year first above written.
Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT
in the presence of witnesses: OF TRANSPORTATION
JOSE ABREU
(P=~ntlT~pe) District Secretary
for Dis=riot VI
(S£gn&tu=*) 1000 N.W. 111th Avenue
Miami, Florida 33172
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of ., 199 , by JOSE ABREU, District
Secretary for District VI, who is personally known to me or who has
produced as identification, and who did
(did not) take an oath.
(s£gn&ture)
Notary Public in end for the
County and State las= aforesaid
My Commission Expires:
3 Of 4
IN KDL~T~SSIfllER~OF, the City has caused these presents~o be
executed in its na~e by its Board of city Co~missionera acting by
the Chairperson
aforesaid.
A~EST~ ~XTY OF
(s~a~ur~) By Its Board of City
Co~issioners
B~:
(SLgnatu~e)
(Addr*ss)
Its Chai~erson
(or Vice-~airperson)
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this __
day of , 199 , by ,
Chairperson (or Vice-chairperson) board of City commissioners, who
is personally known to me or who has produced
as identification, and who did (did not) take an oath.
Notar~ Public in and for the
County and State last aforesaid.
My Commission Expiree~
4 of 4
~ ~FF~, as to an undlvi~d ?O.lSSt~ ~E KErbs. as to an
l~g~ he~e~ g~ants unto t~ seco~ ~rty an eas~ent~ license and
~all8~~ ~ ~ Of a traffic controT siqnal eaui~nt box
flori~ ~ vit:
,.,-~,~ ............... ~ 13583.'
· ·'-~... CROWDER, 'MAHONEY, MAKOWSKI RICE, INC.
'"~ :.~i
..q ,,.,,,'£ t,.'~'/'.*., v,. "'~ EJ, ~.-5L-4- [
. .. ~ .
-..: .~
·~
23-UTL. 04-06/93
This lns~-tment prepared by, ~
or under the d~reotion of, ~
D. ~ficheel Sohlose, Esq.
District General Counsel Parcel No. =103.5R(10-10-96)
S~ate of Florida Project No. =87030-2570
Department of Transportation W.P.I. No. :6113372
September 20, 1995 - NE
BUBORDII~TION OF CITY UTILITY INTERESTS
THIS AG~.k~j~T, mitered into this day of
199 , by and between the STATE OF FLORIDA DEPARTMENT 0'~
TRANSPORTATION, hereinafter called the FDOT, and CITY OF AVENTURa,
hereinafter called City.
W I T N E S S B T ~=
WHEREAS, the City presently has an interest in certain lands
that have been determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes
will rec/uire s~bord~nation of the ~nterest cla~med in such lands by
city to the FDOT; and
WHEREAS, the FDOT is willing to pay to have the City*s
facilities relocated if necessary to prevent conflict between the
facilities so that the benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual Covenants and
promises of the parties hereto, City and FDOT agree as follows:
City hereby subordinates to' the interest of FDOT, its
successors, or assigns, any and all of its interest in the lands as
follows, viz=
PARCEL 103 SECTION 87030-2570
A portion of the NW% of the SW% of Section 3, Township 52 South,
Range 42 East, Dada County, Florida, being more particularly
described as follows=
COMMENCE at the Northwest corner of the Westerly 138.943 meters
(455.85 feet) of Tract #B#, REGINA SQUARE SUBDMSION, accord~g to
the pl&t thereof ae recorded ~n Plat Book 113, at Page 27, of the
Public Records of Dada County, Florida, this point lying on the
Rest#fly l~ght of Way l~ne of State Road No.5 (U.S. Nc.I/Biscayne
Boulevard), es ~how~ on said plat and on the State of Florida State
Road Depart~ae~lt R/W Map Project No. 41, now known es Section 87030-
2201, as recorded ~n Plat Book 34, et Page 53, of said Public
Records of Dada county, Florida$ thence ~ N02'07~21.W, along said
Easterly l~ght of Way line of State Road No. 5, for a distance of
76.721 meters (251.71 feet}, to the point of intersection with a
l~e 64.008 meters (210.00 feet) Southerly of and parallel with the
North line of the EW~ of the SW% of said Section 3, said point of
intersection being the POINT OF BEGINNING of the parcel of land
hereinafter to be described~ thence continue N02'07~21#W, along
said Easterly Right of Way Line of State Road No. 5, .for a
distance of 45.760 meters (150.13 feet), to the point of cu,-vat,re
of a circular curve concave to the South#sets thence run
Northwesterly, Northerly end Northeasterly, along the arc of said
circular curve to the right having a radius of 7.620 meters (25.00
feet), through a centre1 angle of 89'42~16#, for an arc length of
11.930 meters (39.14 feet), to the point of tangency with & line
10.668 meters (35.00 feet) Southerly of and parallel with the North
line of the NW~ of the SW~ of said Section 3, said line being the
Southerly Right of Way line of N.E. 191st Street, as described in
Right of Way deed to Dada County recorded in Official Record Book
1of 4
12775, at Page 987 of said Public Records of Dede Countyr Florida;
thence rrm N87034eSS#E, along last described line for a distance~f
S.224 meters (17.14 feat) to a point of cusp and the point of
curvature of a circular curve concave to the Southeast; thence run
Southweste=ly, Southerly and Southeasterly, along the arc of said
circular curve to the left, having a radius of 8.000 meters (26.25
feet) through a central angle of 89'42e16., for an arc distance of
12.525 meters (41.09 feet), to the point of tangency with a line
lying 4.846 meters (15.90 feet) Easterly of and parallel with said
Easterly Right of Way line of State Road No. 5; thence run
S02'07°21"E, along lest described parallel line for a distance of
45.382 meters (148.89 feet) to the point of intersection with the
above mentioned line being 64.008 meters (210.00 feet) Southerly of
and parallel with the North line of the NW¼ of the SW% of said
Section 3; thence run S87'34055.W along last described parallel
line, for a distance Of 4.846 meters (15.90 feet), to the POINT OF
BEGINNINO.
Containing 259.8 square meters (2,796 square feet), more or less.
A~/Oa/12/13/94
~/OH/09/08/95/R
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
TRAFFIC 10-06-87 DONALD SOFFER DADE COUNTY 13563-718
SIGNAL A~D BERNARD
EASEMENT REDLICH, as
Trustees for
LAND TRUST SR-1
PROVIDED that the City has the following rights:
1. The City shall have the right to construct, operate, maintain,
improve, add to, upgrade, remove, and relocatefacllities on,
within, and upon the lands described herein in accordance with
the FDOTes current minimum standards for such facilities as
required by the FIX)T, Utility Ac~ommodation Manual in effect
at the tine the agreement is executed. Any new construction
or relocation of facilities within the lands will be subject
to prior approve1 by the FDOT. Should the FDOT fail to
approve any new construction or relocation of facilities by
the City or require the city to alter, adjust, or relocate its
facilities located within said lands, the FDOT hereby agrees
to pay the ~ost of such alteration, adjustment, or relocation,
including, hut not limited to the cost of acquiring
appropriate easements.
2. Notwithsta~lngeny provisions set forth herein,, the terms of
the utility permits shall supersede any contrary provisions,
with the exception of the provision herein with reimbursement
rights.
3. The city shall have e reasonable right to enter upon the lands
described herein for the purposes outlined in Paragraph 1
above, including the right to trim such trees, brush, and
growth which might endanger or interfere with such facilities,
provided that such rights do not interfere with the operation
and safety of the FDOTts facilities.
4. The City agrees to repair any dAmAge tO FDOT facilities and to
2 of 4
indemnify the FDOT against any loss or damage resulting from
the City exercising its rights outlined in Paragraphs i and 3
above. ;~
IN WITNESS WHEREOF, the Department hereto has executed ~his
agreement on the day and year first above written.
Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT
in the presence of witnesses: OF TRANSPORTATION
By:
( S ~gn&ture ) ( s £gnature )
JOSE ABREU
(Pr£n=/Type) District Secretary
for District VI
(SLgn&ture) 1000 N.W. 111th Avenue
Miami, Florida 33172
(Print/Type)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 199 , by JOSE ABREU, District
Secretary for DlstrictVI, who is personally knownto me or who has
produced as identification, and who did
(did not) take an oath.
(s£gn&ture)
Notary Public in and for the
County and ~tate last aforesaid
My CommissionExpires:
3 of 4
IN WITNESS WHEREOF, the City has caused these presents to be
executed in its name by its Board of City Commissioners acting by
the Chairperson Or Vice-Chairperson of said Board, the day and year
aforesaid.
ATTEST= CITY OP AVENTURA,
(S£gn&ture) By Its Board of City
Commissioners
Cler~ (or Deputy Clerk)
Bye.
(S~gn&~u~e).
(Pr£nt/Type)
(Address)
(Add.ess)
Its Chairperson
(or Vice-Chairperson)
STATE OF FLORIDA
COUNTY OF DADB
The foregoing instrument was acknowledged before me this
day of' , 199__, by
Chairperson (or Vice-cha~erson) board of City commissioners, wh~
is personally known to me or who has produced
as identification, and who did (did not) take an oath.
(S£gnature) ,
{Prin~/Type)
Notary Public in and for the
County and State last aforesaid.
My Commission Expires=
4 of 4