10-18-05 Item 21CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE NEMORANDUM
RESOLUTION
South Miami
2461
Date: � October 18, 2005
Agenda Item #
Re: Replat of South Miami Station
(Metrorail)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, APPROVING A PROPOSED REPLAT OF THE SOUTH MIAMI
METRORAIL STATION LOCATED AT TIDE INTERSECTION OF SW 59 PLACE AND SW
72 AVENUE AND LEGALLY DESCRIBED AS TRACT "A" OF "SOUTH MIAMI
STATION- (PLAT BOOK 160, PAGE 85) IN SECTION 25, TOWNSHIP 54 SOUTH, RANGE
40 EAST, CITY OF SOUTH MIAMI, M[AMI DADS COUNTY, FLORIDA, AND
PROVIDING AN EFFECTIVE DATE
The Mami Dade Transit Agency is requesting approval of a proposed replat of the current
underlying plat for the Metrorail Station development site. The purpose of the re -plat is a
technical correction to the plat approved in 2003 by removing a 10 foot wide perimeter easement
which runs around the boundary of the entire site now called Tract W.
BACKGROUNI?s
Hometown Station Ltd_, in conjunction with the hfiami Dade County Transit Agency, is
undertaking a development at the site of the South Miami Metrorail Station, The City
Commission at its May 7, 2002 meeting adopted the Master Plan Development Standards for the
South Miami Rapid Transit Zone and approved the Hometown Station Development Project, a
proposed mixed -use development containmg a combination of office, retail and residential space
at the South Miami Metrorail Station (Resolution 62- 02- 11411). As part of the development
process the entire site was re- platted as a single parcel. The City Commission at its April 15,
2003 meeting approved a final plat for this property (Resolution No. 59- 03- 11608).
PROPOSED REVISION:
The applicant's engineering firm (PBSI) 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
PlatApproval
Hometown Station (Metrorail)
Page 2 oft
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.
RJ
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.
It is recommended that the proposed re-plat of Tract "N' of "South Nfiami Station" be approved.
Attachments.
Draft resolution
PBSJ Letter (August 18, 2005) with letters of no objection.
Tentative Plat
MD/DODfSAY
EAConun Items\2005\10-5-05\1iometown Station Plat - report.doc
11
12 WHEREAS, Hometown Station Ltd., in conjunction with the Miami-Dade County
13 Transit Agency, is undertaking a development at the site of the South Miami Metrorail
14 Station, a proposed mixed-use development containing a combination of office, retail and
15 residential space at the South Miami Metrorail Station; and
16
17 WHEREAS, on May 7, 2002, the City Commission, after public hearing, adopted the
18 Master Plan Development Standards (Resolution 62-02-11411) for the South Miami Rapid
19 Transit Zone and approved the Hometown Station Development Project ;and
20
21 WHEREAS, the City Commission at its April 15, 2003 meeting approved a final plat for
22 this property (Resolution No. 59-03-11608); and
23
24 WHEREAS, The Miami-Dade Transit Agency is now requesting approval of a proposed
25 replat of the current underlying plat for the Metrorail Station development site; the purpose of
26 the re-plat is to make a technical correction to the plat by removing a 10 foot wide perimeter
27 easement which runs around the boundary of the entire site now called Tract "A'; and
28
29 WHEREAS, the applicant's engineering firm has stated that the 10 foot utility
30 easement would seriously impact the existing building envelope and also affect work
31 anticipated for the overall building site and that the only method for removing the easement is
32 the re-plat procedure; and
33
34 WHEREAS, the revision to the re-plat will not affect the exterior boundaries or the
35 proposed use of the site and all utilities have submitted letters of no objection; and
36
37 WHEREAS, the Planning Board at. its September 15, 2005 meeting, after public hearing,
38 adopted a motion by a vote of 5 ayes 0 nays recommending approval of the proposed re-plat.
39
40 NOW9 THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
41 COMMISSION OF THE CITY OF SOUTH MLA AL FLORIDA THAT:
42
43 Section I- The proposed re-plat legally described as Tract "N' of "South Miami Station"
44 (Plat Book 160, page 85) in Section 25, Township 54 south, range 40 east, City of South
45 Miami, Miami -Dade County, Florida is hereby approved.
46
I Section 2: This resolution shall be effective immediately upon execution.
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PASSED AND ADOPTED this day of
2005.
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ATTEST: APPROVED:
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CITY CLERK MAYOR
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READ AND APPROVED AS TO FORM:
Commission Vote:
15
Mayor Russell:
16
Vice MayorPalmer:
17
Commissioner Wiscombe:
18
CITY ATTORNEY
Commissioner Birts-Cooper:
19
Commissioner Sherar:
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EAComm Items\2005\10-5-050omdown Station Plat - reso.doc
August 18, 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 PBS8J 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 l Street
Miami, FL 33128 -1999
305 - 375 -1552
305 - 375 -4632 Fax
E- Mail: cread(a),miamidade.g_o_v
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: cmdeivall f (t@,pbsj . 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, 2005 3 26P Leasing [MDT]
• � - L: �vL .0 F• s
M Y A M 'Y ll••A•,D E'
August 10, 2004
NLTI City Gas Corporation
Attembon: Mr. Celso Rodriguez,, Fugineering Manager
93 3 East 25'x' Street
Hialeah, FL 33013
Y `
Re: Final Plat of South Miami Station, PB 160 Pg85 attached
Dear Utility:
No-2929 P. 1/3
This letter is a request from Miami -Dade County ( "County"), through Miami-Dade Transit
("MDT"), that NUI 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 0CSouth Miami Station (attached),
The County intends to undertake a replat specifically to vacate, abandon and discontinue from
public use that certain 10 -fcot 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 Gas that G$ounty and MDT will provide any necessary easements
by separate instrument at Auture date for such areas as may be-required to access your utility.,
Would you so indicate your agreement and acceptance to MDT to indicate your release of aray
rights to access or locate utilities within this platted easement and acknowledge the County's and
MbT's assurance to provide any necessary easements by separate instrument at a future date.
Your prompt response would be most appreciated,
Very truly yours,
y,o 6' -
�L� 'k
Joint Development and Leasing
AGREED AND ACCEPTED:
(signature) (date) - -
(print name)
.Qran;— D i'7 —Ir i~a.•.P— 19 , TAT,. el......... L`G_.. C. ..... !':._ A, n . , e T•..• n ......,
Aug - 8 , 2005 3 : 26PM. Leasing [MDT]
M I A M I .'D •Ae D E'
IN, ;t
M ;
August 9, 2004
BellSouth Telecommunications, Inc.
Planning and Pmvisioning
Attention: Ms. Janet Valencia, Network Planning
7325 S.W. 48d Street, 2n' Floor
Miami, FL 33155
Re: Final PIat 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
C 1V Dr , that BellSouth, and its successors and assigns, release any rights it may have to access
or locate utilities within the ten, (10) foot pedm.eter utility easement shown on the Final Plat of
SouihMiami 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 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.,
Your prompt response would be most appreciated.
Very truly yours,
w�4 atub
Joint Development and Leasing
AGREED AND ACCEPTED:
(signature)
(print name) flt<t Fc SF- L V 151
I -> /-a y
(date)
Stephen P Clark Center. 111 Northwest First Street -Suite 9111 Miami_ FL 33128 °-1999
Aug. 8. 2005 3:26PM
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Leasing [MDT)
No -2929 P. 3/3
miamt-t)ade iansit
111 NW 1st Street°• Suite 910
Miami, Florida 33128.1999
T305-3754597 F305-372-6093
nilamidade.go'v
January 18, 2005
Florida Power and Light Company
Attention: Ms_ Maio Bazile, Project Manager
Construction Services at the Ricbmond Service Center
14250 S.W. 112 Street
Miami, FL 33186
Re; Final Plat of South Miarrli Station, PB 16US 8!8.', attached
Dear Utility:
This letter is a request from Miami -Dade County (" County"), through Ncamj -Dade Transit
(N Dr-).. that FPL 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 South Miami Statiau (attached).
The County intends to undertake a replat specifically to vacate, abandon and discontinue
from public use that certain 10 foot perimeter ud i ty easement,, since the approved
de*t1opment requires construction to the lot lines. To t]>iat end, this letter serves as County's
and MDT's written assurance to FPL that County and MDT will provide any necessary
easements by separate instrument at a future date for so- -h areas as may be required to access
your utility„
Would you so indicate your agreement and acceptance to MDT to indicate your release of
any rights to access or locate utilities within this pla tied easement and acknowledge the
County's and MDT's asswanee to provide any necessary easements by separate instrument
at a flrtme date.
very truly yours,
Carolyn Read
Joint Development and Teasing
AGREED. AND ACCEPTED:
By: �!
A y (signatuM on b dhalrof 1'PL -S'
(punt name)
Attacbment
(date)
Nu t...t!
w4 IIY
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" �•� »'4�'�.1�:�' .�. . r.•; ':� *• � .: � .p.:.' '. li {.:.::t:_•.'�.uV.• ..i��':!Ili:: 1'•1(1:- N'.i.•.
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Aug.12. 2005 3:39PM Leasing [MDT] No.3029 P. 1/9
JII[Irlril -taAbE
FACSIMTLIE TRANSMITTAL SHEET
TO: FROM:
Do leans Qaolyh Rmd
COMPANY: yA•p-
FAX NUMBB& TOTAL NO. ()I-' PACTrS INCI•UT)TNG COVER:
305 - 599 -0448 9
PHONE NUAMIL SENDIUM ILIN ETtNC7 NUMRT.R:
305 - 592 -7275
YOUR R iF :RI.NCI. NLIMIMM
OY?'`IM (nc w MDT) -WASD Agreement
South Mami Metros it Station
❑ UkGLN 1 ❑ FOR RF.VTFW ❑ PLEASL' COMMEN 1 •❑ P1.N.ASF. RRPT Y ❑ PLEA, gEeYCLI,
Attached please find "Agreement By and Among Marni -Dade Office of PubEc Truitt ?oM600
Management, Miami -DadL Water tic Sewer Department and Hc=L -txnvn Station, Ltd. Regarding
WASD Utilities at South Maori Metro aii Statiom "
The next to the last Wherms on page I specificZy states "...with no dedicated c2sements on the
plat and have asked WASD to consent m said plat" Which thcy did. Consent, that is. And along
with everybody else, nev r noticed the pe6mettical. easement, ...
Use this at your discsr.:tion.
MIAMI -DADE TRANSIT
Ill NW 1ST STREET, SUITE 910
MIAMI, FLORIDA 33128
PHONE 305375,1507 FAX 305.375.4362 (ALT PAX 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
TMS AGREEMENT ( "Agreement ") is made and entered into this _ day of
WeAber 2003, by and among Miami -Dade Office of Public Transportation
Managcmcnt ("OPTM" ), Miami bade Water and Sewer Department ( "WASD "), in their
respective capacities as departments and instruanentalities 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").
Wt & R AS, 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 a new 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 instruments) prior to completion of constriction of the improvements.
6ZOE'0N (14W1 quISeel w�ae:P CRA7 71.9nN
WHEnAS, 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, •i-nu poia, 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.
2. 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 Facilities, 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. COtkateraarts. 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/C 'd HOPON [JONI 2uiseel NdRP:E W7 71,M
IN WTTNFSS Wkf&Rgor, the parties hereto have caused this Agreement to be
executed by their duly - authorized officers as of this day of $ ' r 2003. ,
Date: �� �1 03
Date:
Date: 4� $ D 3
MIAMI -DADE OFFICE OF PUBLIC
TRANSPOWWON MANAGEMENT
Danny Alvarez, ExLdutivc Director
on behalf of Landlord
e4ppmvcd by County Attorney
as to form and legal sufficiency
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
By:
William rank L-Dredor
A 11
3 of 4
61� d 6 108' oN rinwl gu ► seep uuaac r.nn� , z 9n�
IN WffN M WEIEtEOF, the parties hereto have caused this Agreement to be
executed by their duly - authorized officers as of this day of SP�C , 3003
MIAMI DADS OFFICE OF PUBLIC
TRANSPORTATION MANAGEMENT
Date: By:
Danny Alvarez, Executive Director
on behalf of Landlord
Approved by Courdy Attorney
as to form and legal sufficiency
HOMETOWN STATION, LTD.
by PERlVIAN MU, INC.,
its Managing General Partner
Date:
(I la3
Name: Ra 'da
Title: es'dent
on behalf of Tenant
MIAMI BADE WATER AND SEWER
DEPARTMENT
Date_ BY:
William M Brant, P.E_, Director
6
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