Item Coversheet

Resolutions - C7  L




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:March  27, 2023
 



SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A PERPETUAL, NON-REVOCABLE RIGHT-OF-WAY EASEMENT AGREEMENT WITH OCEAN PARK SOUTH BEACH CONDOMINIUM ASSOCIATION, INC. ("GRANTOR"), IN THE FORM ATTACHED TO THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION; SAID AGREEMENT GRANTING THE CITY THE RIGHT TO USE A THREE (3) FDOT EASEMENT AREA, ALONG THE EASTERN PORTION OF GRANTOR'S PROPERTY, LOCATED AT 304 OCEAN DRIVE, FOR SIDEWALK PURPOSES AND TO ACCESS, INSTALL, OPERATE, MAINTAIN, REPAIR, REPLACE AND UPGRADE UTILITIES; SAID EASEMENT AREA HAVING APPROXIMATELY 150 SQUARE FEET AND LYING ON THE NORTHWESTERLY THREE (3) FEET OF THE SOUTHEASTERLY FIFTEEN (15) FEET OF LOT 7, BLOCK 4, OCEAN BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.

RECOMMENDATION

The City Manager hereby recommends that the Mayor and City Commission approve and authorize the City Manager and City Clerk to execute a perpetual, non-revocable right-of-way Easement Agreement with Ocean Park South Beach Condominium Association, Inc.,  in the form attached hereto, which is being offered at no cost to the City and will serve to formalize the City’s current use of the sidewalk located within the proposed Easement Area and to provide the City with additional space to install and maintain utilities within the Easement Area.

BACKGROUND/HISTORY

312 Ocean Park, LLC, a Florida limited liability company, developed the property located at 304 Ocean Drive, Miami Beach as a condominium, as evidenced by that certain Declaration of Ocean Park Condominium, recorded in Official Records Book 33521, at Page 3284, of the Public Records of Miami-Dade County, Florida.  Ocean Park Condominium (“Condominium”) is governed by Ocean Park South Beach Condominium Association, Inc. (the "Association").

 

The subject property is comprised of Lot 8, of Block 4, less the Easterly 15.00 feet thereof, and Lot 7, of Block 4, less the Easterly 12.00 feet thereof, of OCEAN BEACH, FLORIDA, according to the Plat thereof, recorded in Plat Book 2, at Page 38, of the Public Records of Miami-Dade County, Florida. 

 

There is a three (3) foot strip of land owned by the Association along the eastern boundary of the subject property, which is already currently used and maintained by the City for sidewalk purposes (“Easement Area”).  The Easement Area has approximately 150 square feet and is legally described as: 

 

The northwesterly three (3) feet of the southeasterly fifteen (15) feet of lot 7, Block 4, Ocean Beach, Florida, according to the plat thereof, as recorded in Plot Book 2 at Page 38, of the public records of Miami-Dade County, Florida.

ANALYSIS

The Association would like to grant the City, at no cost to the City, a perpetual, non-revocable easement, to formalize the current use of the Easement Area as a sidewalk, and to further grant the City the right to access, install, operate, maintain, repair, replace and upgrade utilities.

 

Pursuant to Section 718.111(10), Florida Statutes, the Association has the authority to grant easements on behalf of the Condominium.

SUPPORTING SURVEY DATA

Results from the 2022 Resident Survey related to the City's perception and satisfaction show an overall approval of 67.4%, and rated the City as a good place to live.

FINANCIAL INFORMATION

No fiscal impact

CONCLUSION

The City Manager hereby recommends that the Mayor and City Commission approve and authorize the City Manager and City Clerk to execute a perpetual, non-revocable right-of-way Easement Agreement with Ocean Park South Beach Condominium Association, Inc.,  in the form attached hereto, which is being offered at no cost to the City and will serve to formalize the City’s current use of the sidewalk located within the proposed Easement Area and to provide the City with additional space to install and maintain utilities within the Easement Area.

Applicable Area

South Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Strategic Connection

Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination.
Legislative Tracking
Public Works

ATTACHMENTS:
Description
Opinion of Title, 304 Ocean
Draft Agreement
Exhibit A- Sketch and Legal, 304 Ocean
Resolution