10-05-05 Item 14South Miami
RESOLUTION:
Date: October 5, 2005
Agenda Item ##
Re: Replat of South Miami Station
(Metrorail)
REQUEST;
The Mami-Dade Transit Agency is requesting approval of a proposed replat of the curse,707
underlying plat for e o . tt development site Ta }o the re-plat
technical correction to the plat approved }.,. by removing . '.. foot it ' perimeter
which runs around the boundary of the entire site now called Tract "A7,
3' y u #,
s 1
The applicant's engineering firm (PBS explains in the accompanying letter that the 10 foot
utility easement which: appears on the 2003 plat would seriously impact "the existing building
envelope and will also affect work anticipated. by Miami Dade Transit and its respective tenants
for the overall building site." The only method for removing the easement is the re -plat
----------
Page 2 of 2
procedure. This revision does not affect,the exterior boundaries or the proposed use of the site.
The engineering firm also has submitted letters of no objection from Bell-South, FP&L, M-D
Water & Sewer Authority and NUI City Gas.
IF "I'll 11 1 - ! L11,11 -4 m l CI XII A
The Planning Board at its September 15, 2005 meeting adopted a motion by a vote of 5 ayes 0
nays recommending approval of the proposed re-plat.
FJOW
It is recommended that the proposed re-plat of Tract "N' of "South Miami Station" be approved.
Jachmma.
Dr4ft resalmlon
1'W Letter (August 18 2005) with letters of ho objection.
Tentafive Plat
MD/DODISAY
EAComm Items\2005\10-5-05\1iometown "on Plat - rVort.doc
aection 2® This resolution shall be of immediately upon execution.
PASSED AND ADOPTED this day of
ATTEST: APPROVED:
CITY CLERK MAXIM
E tComm It=A2005kI 0-5-05ftmdown Statice Plat - rew.dw
RXIM
August 1 S, 2005
Letter of Transmittal
Director Don O'Donniley
City of South Miami Planning Department
6130 Sunset Drive
South Miami, FL 33143 -5093
RE: SOUTH MIAMI STATION SITE @ SW 70TH STREET AND METRORAIL
Dear Sir:
On behalf of PBS&J and Miami -Dade Transit, I wish to thank you for meeting
with me on August 12th, instant in connection with the above described
property. Pursuant to your instructions, we are submitting for the City of
South Miami's consideration five (5) certified copies of the Boundary and
Limited Topographic Survey for the proposed plat of "South Miami Station
Replat."
By way of explanation, this property (which was platted as "South Miami
Station" last year and recorded in Plat Book 160 at Page 85) contains a 10 -foot
wide perimetrical utility easement running parallel with the entire Tract "A."
This easement seriously impacts the existing building envelope and will also
affect future work anticipated by Miami -Dade Transit and its respective tenants
for the overall building site.
Among other things, the Code of Miami -Dade County requires that when an
easement is created by plat, the entire plat (or tract) affected by same must be
replatted in order to extinguish the aforesaid easement. Therefore, we make
this submittal for this express propose only, with no changes to the exterior
boundaries or proposed use of the underlying property.
For your reference, I also attach the sign -off letters from the utility providers
and a Memorandum of Agreement pertaining to the Miami -Dade Water & Sewer
Department regarding utility placement. I trust these letters and agreement will
serve as positive evidence that the affected utility providers are aware of and
will to cooperate in this regard.
From this point forward, I request also via this transmittal that your
correspondence be directed to the following parties:
OWNER:
Carolyn Read, Real Estate Officer
Miami -Dade Transit
Suite 910
111 NW 1 Street
Miami, FL 33128 -1999
305 - 375 -1552
305 - 375 -4632 Fax
E -Mail: cread@miamidade.gov
SURVEYOR:
Carlos M. del Valle, PLS
PBS&„ J
2001 NW 107 Avenue
Miami, FL 33172 -2507
305 - 514 -3438
305- 599 -0448 Fax
E -Mail: cmdelvalleaa-pbsi.com
Finally, it is my understanding that this letter and the attached documentation
will serve as our formal application for the Tentative Plat and that no fees are
required, as this is a government submittal.
On behalf of PBS&,J, I thank you for this opportunity to present this proposal
for your consideration and look forward to your favorable response. In the
interim, if you have any questions or comments, please do not hesitate to
contact me directly at 305 - 514 -3270 at your convenience. Until then, I remain,
Very tru yours,,,
Doug W. Deans, PLS
Aug, . 8. 2305 3:26PM Leasing [MDT]
M Y A M Y D E'
02.13111 e k N.
August 10, 2004
NUI City Gas Corporation
Attention: Mr. Celso Rodriguez, Engineering Manager
93 3 East 2P Street
Hialeah, FL 33013
W `
Re: Final Plat of South Miami Station, PB 160 P85 attached
Dear Utility-,
No -2929 P. 1/3
This letter is a request from Miami -Dade County ( "CotanV ), through Miami -Dade Transit
("MDT"), that NUT City Gas and its successors and assigns, release any rights it may have to
access or locate utilities within the ten (10) foot perimeter utility easement shown on the Final
Plat pl'South Miami Station (attached).
The County intends to undertake a replat specifically to vacate, abandon and discontinue from
public use that certain 10 -foot perimeter utility easement, since the approved development
requires construction to the lot lines. To that end, this letter serves as County's and MDT's
written assurance to NUI City Gus that County and MDT will provide any _necessary easements
by separate instrument at aYuttwe date for such areas as may be-required to access your utility.,
Would you so indicate your agreemcmt and acceptance to MDT to indicate your release of ally
rights to access or locate utilities within this platted easement and acknowledge the County's and
MDT's assurance to provide any necessary easements by separate instrument at a future date,.
Your prompt response would be most appreciated,
Very truly yours,
�,o ��, tom,
Joint Development and Leasing
AGREED AND ACCEPTED:
(signature) (date)
(print naine)
Stephens P. Clark Center, I i 1 Northwest First Street- Suit: 910. Miami rr - II i I.R. i oaci
Aug . 8. 2005 3; 26PM. Leasing [MDT]
M I A M I :: D •Ae-D F'
► , 374 91 1 Urd MI
August 9, 2004
BellSouth Telecommunications, Inc.
Planning and Provisioning
Attention: Ms. Janet Valencia, Network Planning
7325 S.W. 48a` Street, 2n' Floor
Miami, FL 33155
Re: Final. Plat of South Miami Station, PB 160 Pg 85 (attached)
Dear Utility:
No.2929 P. 2/3
This letter is a request from Miami -Dade County ("County"), through Miami -Dade Transit
('NDT "), that BellSouth, and its successors and assigns, release any rights it may have to access
or locate utilities within the ten, (10) foot perimeter utility easement shown on the Final Plat of
SouthMi.ami Station (attached).
The County intends to undertake a replat specifically to vacate, abandon and discontinue from
public use that certain 10 -foot perimeter utility easement, since the approved development
requires construction to the lot lines. To that end, this letter serves as County's and MDT's
written assurance to BellSouth that County and MDT will provide any necessary easements by
separate instrument at a future date for such areas as may be required to access your utility.
Would you so indicate your agreement and acceptance to NOT to indicate your release of any
rights to access or locate utilities within this platted easement and acknowledge the County's and
MDT's assurance to provide any necessary easements by separate instrument at a future date„
Your prompt response would be most appreciated.
Very truly yours,
tw� 4 reub
Joint Development and Leasing
AGREED AND ACCEPTED:
By:
(Signature) _
ad r v)
(print name) 0 i'rt ee -Iert or t F s F L 715-1
Gj - >, — ay
(date)
Stephen P Clerk Center. 111 Northwest First Street -Suite 910. Miami. FL 33128 -1999
Aug. 8. 2005 3:26PM Leasing [MDT] N, 2 9-n.
n 9t)ade ins
111 NW 1st Street••• Suite 910
11AMaaAD Miaml, Florida 33128.1999
T305-375-2597 F305-372-6093
AM Cooldlnauon
rMamidadelgov
Apr4v Coordination
Jamary 18, 2005
Art In ruhlk Planes
Au3tt and Management Serview
Florida Power and Light Company
AV129M
AulldingCo4eComplU�:
Attention: Ms- Imo BaZile, Project Manager
suddlr,
Construction Services at the Richmond Service Center
Pto mss Development
14250 S. V. 112 Street
coprr.,l InTrammmad
Miami, FL 33186
W'e Independa tTransporinlron WO
WmmrinlGneon�
Re: Final Plat of South Miami Station, PB 102Z 8 (attached
Cnmmrinlly Aadon ngencr
mmunlly A GeronomIGOemIopmnnt
Dear Utility.
Communhywallam
CansumN PeMc�
This letter is a request from Miami -Dade County C Co -mr1), tbrough Mian -. -Dade Transit
Caftacn$ &Rchsbillladon
("MDr-1), that FPL and its successors and assigns, release any rights it may have to access
Corrnlywlde IHeallhcare Plat ming
or locate utilities within the ten (10) foot perimeter utiliry easement shown on the Final Plat
GdtaclNUM
of South Miami Station (attached).
Mello-
Emersency /kung °^tent The County intends to undertake a replat specifically to vacate, abandon and discontinue
rmployesRelauors ftoorn public use that cartain 10 foot perimeter unity easement, since the approved
Eruelpromy4shriabsy ser as development requires construction to the lot Braes, To drat arid, this letter serves as County's
Ilronmmud Resoume maresmrd and MDT's written assurance to FPL that County and MDT will provide any necessary
fair employmmtPmdlceS easements by separate instrument at a fUture date for stir.h areas a5 may be required to access
Farina: your utility..
Ate ROeie
Conceal Sayl,ee Adminisirallon
Hil7arlc Prey Munn
Homoless7ru>et
Houdng wgenCy
Housing FlnanrcAuthodly
Huey servics
Indep-jrdenr R virwftnt!
Inle thiunnalTiWe Conaoiduln
) uvenr Ie APv.rnart Comer
Medial baminer
rlelropelrtur riAnnineOrgan(Won
Puk and R¢Wcadan
Planning andZonine
Pollee
PtWO14RRrrt
PropertyAppeals-
Ptd,lir. Library Syslem
rabirC WOrb;
we Ivolghborhood Parks
Sraperl
Solid WadeManapowt
strategic EtdIr."A MAnnp rent
Tivm Moro
NA V.0.
Would you so indicate your agreement and acceptance to MDT to indicate your release of
any rights to access or locate utilities within this platted easement and acknowledge the
County's and MDT's assurance to provide any necessary easements by separate instrument
at a future date.
very truly yours,
Carolyn Read
Joint Development and Leasing
AGREED AND ACCEPTED.
By; �---Lrp-
(signatuw4o—n-b1ha1fofF?L/-S'
TWO Atta hructit
Union ReAler xWon Task Farce
V19myn Museum and Mrdenz
Water and Sewer
.�. `I :lei l• 1
Y /l II. •'1•
66 1;1i
date)
1" •�iyti:
(paint rn=c)
y;';h�i4AV � • :�;��� 1
TWO Atta hructit
Union ReAler xWon Task Farce
V19myn Museum and Mrdenz
Water and Sewer
.�. `I :lei l• 1
Y /l II. •'1•
66 1;1i
date)
1" •�iyti:
Aug.12. 2005 3:39PM Leasing [MDT] No.3029 P. 1/9
FACSIMILTE TRANSMITTAL SHEET
TG:
FROM:
Doug Deanfi
Camlyil Read
CGMPANY.
UA 1L•:
PBS)
8/12/2005
FAX Nuxbii t
1OiA1. NO, OF NAGM% INr1.UTaTNG COVER:
305 - 599 -0448
9
PHONS NUMBUR:
SENDUICS Rill,"Hur -NCT. NUNMER:
305 -592 -7275
YOUR R11WHRUNC .NUM11R.R:
OPTM (how MDT )-WASD Agreement
South Miami Metrorail Station
❑ UkGEN 1 ❑ FOR itFVTFW ❑ PLI3ASL: CUMMEN 1 ❑ PI.KASF RFPT Y ❑ PLEASE =. cy w-
Attached please find "Agreement By and Among Miami Dade Office of Public Tiamspu taboo
Management, Miami -Da& Watet & Sewer Deparmlent and Hem omm Station, Ltd. Regarding
WASD Utilities ities at South Mami Metroraii Station."
The next to the last Whereas can page 1 specifically states "...with no dedicated casements on the
plat and ha=ve a=sked WA.SD to consent to said plat" Which they did. Consent, that is. And along
with everybody else, never notimd the petitnetdcal easement, ,, ..
Use this at your dis=tion..
MIAMI -DADE TRANSIT
III NW 1ST STREET, SUITE 910
MIAMI, FLORIDA 33128
PHONE 305.375.1507 - FAX 305.375.4362 (ALT FAX 305.372.6017)
Agreement By and Among
Miami -Dade Office of Public Transportation Management,
Miami -Dade Water & Sewer Department and
Hometown Station, Ltd.
Regarding WASD Utilities at South Miami Metrorail Station
THIS AGREEMENT ( "Agreement ") is made and entered into this day of
,qakmber 2003, by and among Miami -Dade Office of Public Transportation
Management ( "OPTM "), Miami -Dade Water and Sewer Department ( "WASD "), in their
respective capacities as departments and instru- mentalities of Miami -Dade County, a political
subdivision of the State of Florida; and Hometown Station, Ltd.., a Florida limited partnership
FEI No„ 65- 1076433, the Managing General Partner of which is Permanentia, Inc., a Florida
corporation, FEI No. 65- 0713095 ( "Tenant ").
WHEREAS, on December 16, 1999, by Resolution No. R-1375-99, the Board of
County Commissioners awarded a 90 -year lease agreement, "South Miami Metrorail Lease"
( "Lease ") between Miami Dade County ( "Landlord ") through OPTM, an agent and
instrument of Miami -Dade County, and Tenant wherein Tenant shall construct anew mixed -
use (office, residential, retail) development at the South Miami Metrorail Station site legally
described in Exhibit "A." ( "South Miami Site "). On October 23, 2001, by Resolution R -1198-
01, the Board ratified the County Manager's action on August 15, 2001 executing Amendment
No„ 1 to the Lease correcting scrivener's errors..
WHEREAS, on July 8, 2003, by Resolution R- 747 -03, the Board authorized execution
of a lease agreement at the South Miami Site with Tenant for a portion to be used as 156,934
square feet of administrative office space in a new building dedicated to Miami -Dade Housing
Agency (MDHA), 4,000 square feet of retail and 330 dedicated parking spaces in the existing
674 -space rear, triangular garage for a 25 -year initial term with two 5 -year options to renew,,
WHEREAS, OPTM is obligated to plat the South Miami Site which may contain both
active and dormant WASD facilities, namely water, and/or sewer lines ( "Existing Facilities ").
WHEREAS, Tenant desires to construct and install WASD facilities ( "Proposed
Facilities ") in other locations at the South Miami Site to serve all parties currently utilizing
the Existing Facilities as well as the new development ("Improvements ") and thereafter
remove the Existing Facilities,,
WHEREAS, OPTM and Tenant desire to plat the South Miami Site with no dedicated
easements on the plat and have asked WASD to consent to said plat„
WHEREAS, OPTM and Tenant desire to grant such easements and dedications ( "New
Easements ") to the Proposed Facilities on the South Miami Site as may be required by WASD
by means of separate instrument(s) prior to completion of construction of the Improvements..
6/Z 'd 6Z0C'0N [laW] Sulstel Wd6E;£ QH7 71-9nw
WnEMAS, WASD desires that OPTM and Tenant grant WASD the right to access,
maintain and inspect the Existing Facilities located at the South Miami Site until the New
Facilities are operational and the New Easements have been executed and delivered to
WASD.
WHEREAS, Tenant acknowledge that WASD will not consent to any approval for any
proposed building(s) on the South Miami Site until Tenant executes a standard WASD
developer agreement.
Now, 7•mrteFoRE, for and in consideration of the mutual covenants hereinafter set
forth, the sufficiency of which is acknowledged by the parties, OPTM, WASD and Tenant
agree to the following:
1'. Term: The term of this Agreement shall commence upon the date of
execution hereof and shall expire upon the date or recordation of the New Easements for the
New Facilities.
I Temporary Easement: OPTM and Tenant hereby grant WASD the
temporary right to access, maintain and inspect the Existing Facilities, including. a full non -
exclusive right of ingress and egress upon the South Miami Site from the date of this
Agreement until (i) the New Facilities are operational, have been tested and accepted by
WASD, and (ii) service is in place for all parties currently utilizing the Existing Faeili ties, and
(iii) the New Easements have been executed and delivered to WASD in accordance with any
terms and conditions of any agreement between Tenant and WASD governing installation of
the utilities and conveyance of easements as may exist at the time of conveyance.
3. Consent to Petition: In consideration of the agreements of OPTM and Tenant
hereunder, WASD shall consent to the Petition, without further conditions and shall execute
any documents required in connection therewith,
4. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, and all of which shall constitute
one and the same instrument.
(SIGNATURES FOLLOw ON NEXT PAGE)
2 of4
6/6 ' d HOE' ON IANI 2U I Seel Nd6E: f, W7 171 1 SOH
IN WiTNFSS WouRzorr, the parties hereto have caused this Agreement to be m
executed by their duly - authorized officers as of this I day of _ SPj, 2003,
MIAMI -DADE OFFICE OF PUBLIC
TRANSPORTA05N MANAGEMENT
Date: By:
Danny Alvarez, EAdfitive Director
on behalf of Landlord
Approved by County Attorney x
as to form and legal snffoiency,
Date:
Date: a1$103
HOMETOWN STATION, LTD.
by PERMANENTIA, INC.,
its Managing General Partner
By:
Name: Raul Masvidal
Title: President
on behalf of Tenant
MIAMI -DADE WATER AND SEWER
DEPARTMENT
Ln
3 of 4
William rant, P.E., i
0 °d 610E'0N HHI 2uIMel WARP'P Hn7 °71°9nu
IN Wn NM WEDMtOF, the parties hereto have caused this Agreement to be
executed by their duly - authorized officers as of this M day of S 2003
Date:
Date:_ f) S )a.
Date:
6/9 'd HOV ON
MIAN11- DADE OMCE OF PUBLIC
TRANSPORTATION MANAGEMENT
By:
Danny Alvarez, Executive Director
on behalf of Landlord
Approved by County Attorney
as to form and legal sufficiency
IIONMTOWN STATION, LTD.
by PERMANunu, INC.,
its Managing General Partner
MIAMY DADE WATER AND SEWER
DEPARTMENT
By:
William M Brant, RE_, Director
6
3 of 4
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