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Home My WebLink AboutR-2016-098 Authorizes the City to Accept an Easement from Derecktor-Gunnel, Inc. in Conjunction with the Taylor Lane Drainage Improvements Project and Requesting Advance Approval to Advertise Project. RESOLUTION NO. 2016-098 A RESOLUTION OF THE CITY COMMISSION OF THE CITY DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT AN EASEMENT FROM DERECKTOR-GUNNELL, INC., IN CONJUNCTION WITH THE TAYLOR LANE DRAINAGE IMPROVEMENTS PROJECT AND REQUESTING ADVANCE APPROVAL FROM THE CITY COMMISSION TO ADVERTISE THE PROJECT; AUTHORIZING CITY STAFF TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 19, 2013, the City entered into an airport settlement agreement with Broward County to address, among other things, flooding issues relating to Taylor Lane, which is located within the City of Dania Beach; and WHEREAS, the County contributed approximately Four Hundred Fifty Thousand Dollars ($450,000.00) toward drainage improvements to Taylor Lane; and WHEREAS, Taylor Lane and adjacent areas are landlocked; therefore, an easement from Derecktor-Gunnell, Inc., a property owner in the area, is necessary for the City to construct access to Northeast 10 Street to create a drainage easement for drainage into the Dania Cut-Off Canal; and WHEREAS,the road elevation of Taylor Lane is low and needs to be raised; and WHEREAS, all construction plans for raising the road are now completed for this project (the "Project") except for the drainage outfall which requires additional permitting from the County; and WHEREAS, Section 2-16 of the City Code of Ordinances provides that the CRA and all City Departments, Divisions and City Staff, prior to placing an item on a City Commission agenda for formal City Commission approval for competitive bidding or for waiver of bidding, shall obtain advance City Commission conceptual approval by Resolution of any proposed capital project or capital purchase appropriated in the City Budget approved by the City Commission when bidding would otherwise be required, and the Resolution shall also identify all sources of planned funding, including appropriations of available cash balances, loans and grants; and WHEREAS, the Project is now ready to be advertised for bidding; and WHEREAS, the Director of Public Services has determined it is now necessary to issue a Request for Proposals (RFP) to solicit competitive proposals from qualified firms for the Project, and it is also requested that the City accept a drainage easement from property owner, Derecktor-Gunnell, Inc., a Florida corporation, which owns property that abuts the area over which a portion of the drainage outfall will be constructed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The foregoing recitals are incorporated by reference. Section 2. The City Commission accepts the easement as described above, subject to revisions as the City Manager and City Attorney may deem advisable, a copy of which easement is attached as Exhibit "A" and made a part of and incorporated into this Resolution by this reference. Section 3. The City Commission authorizes the City Manager and City staff to solicit competitive proposals from qualified firms for construction of the Project. Section 4. Funding for the Project was planned and appropriated in the Stormwater Fund Taylor Lane Project Account No. 403-38-30-538-63-10, with a remaining budget of Five Hundred Seventy Two Thousand Six Hundred Fifty Dollars ($572,650.00). Section 5. All resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. This Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on July 26, 2016. ATTEST: �o ,s FiTejr� z i LOUISE STILSON, CMC O A. SALVINO, SR. CITY CLERK gyp, MAYOR ��woRA�v 1 APPROVED AS TO FO AN O ESS: THOMAS . ANS O V CITY ATTORNE 2 RESOLUTION#2016-098 This instrument was prepared by/ EXHIBIT "A" Record and return to: Eduardo M. Soto,Esq. Weiss Scrota Helfinan Cole&Bierman,P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables,Florida 33134 Parcel Folio Number: 5042-35-10-0010 DRAINAGE AND CROSS ACCESS EASEMENT AGREEMENT THIS DRAINAGE AND ACCESS EASEMENT AGREEMENT ("Agreement") dated , 2016 is made by and between DERECKTOR-GUNNELL, INC. a Florida corporation("Grantor"), whose address is 775 Taylor Lane, Dania Beach, Florida 33004, and the CITY OF DANIA BEACH, a municipal corporation of the State of Florida, having an address at 100 W. Dania Beach Blvd., Dania Beach, Florida 33004 (the "Grantee"). RECITALS Grantor is the owner of that certain parcel of real property located in the City of Dania Beach, Broward County, Florida described in Exhibit A attached to this Agreement(the "Derecktor Parcel'). In connection with the improvements being made on Taylor Lane, Grantee wishes to install certain drainage improvements on the Derecktor Parcel. Grantor is willing to enter into this Agreement granting and easement over and across the Derecktor Parcel for the installation, operation, and maintenance of stormwater drainage lines as set forth below. AGREEMENT In consideration of the mutual promises and agreements set forth, and for Ten Dollars and other good and valuable consideration, Grantor and Grantee hereby agree as follows. 1. Recitals. The Recitals set forth above are correct and are made a part of this Agreement. 2. Ownership of Parcels. Grantor represents that it is the owner of the Derecktor Parcel, and that it has full right and authority to grant the easements set forth in this Agreement without the joinder of any other party. 3. Grants of Easements. Grantor hereby grants the following easements to the Grantee: 3.1. Drainage Easement. An easement for stormwater drainage ("Drainage Easement") over, across, and under the Derecktor Parcel for the installation of catch basins, drain pipes, yard drains, and related improvements (collectively, "Improvements") in the locations shown on Exhibit B to this Agreement ("Drainage Easement Areas") 3.2. Ingress, Egress and Access Easements. An easement over, across and under the Derecktor Parcel ("Access Easement") as reasonably necessary for ingress, egress and access for purposes of installing, inspecting, maintaining, repairing, and replacing the Drainage Improvements. 3 RESOLUTION#2016-098 4. Use of Easements. The Access Easement granted by this Agreement may be used by Grantee and by its licensees, employees, agents, contractors, and representatives for purposes of entering upon the Derecktor Parcel as reasonably necessary for excavating, constructing, installing, inspecting, maintaining, repairing, and replacing the Improvements. 5. Installation of Improvements. Grantee will be the party responsible for installation of the Improvements. Grantee agrees to install the Improvements in a good and workmanlike manner, in accordance with all applicable governmental requirements. 6. Maintenance of Improvements. Grantee will be responsible for the maintenance, repair, and replacement of the Improvements. 7. No Obstructions to Easement Areas. Grantor agrees to keep the Drainage Easement Areas on the Derecktor Parcel free and clear of trees, undergrowth, and other obstructions that may interfere with the location, excavation, construction, operation, or maintenance of the Improvements. Grantor agrees that it will not construct any building or other structure over the Drainage Easement Areas that may interfere with location, excavation, construction, operation, or maintenance of the Improvements. 8. Attorneys' Fees and Costs. In connection with any litigation arising out of this Agreement, the prevailing party is entitled to recover all costs incurred, including reasonable attorneys' fees. Venue for any litigation arising under this Agreement will be in Broward County, Florida. 9. Ownership of Derecktor Parcel. Grantor represents that it is the owner of fee simple title to the Derecktor Parcel, and has full right and authority to enter into this Agreement without the joinder of any other party. 10. Covenant Running with the Land. This Agreement is a covenant running with the land and will be binding upon Grantor, Grantee and their respective successors and assigns. This Agreement has been executed on the date set forth above. [SIGNATURE BLOCKS ON FOLLOWING PAGES] 4 RESOLUTION#2016-098 Witnesses: DERECKTOR-GUNNELL, INC. a Florida corporation Print name: By: Print name: Print name: Title: ACKNOWLEDGMENT STATE OF FLORIDA ) } COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of , 2016, by as of DERECKTOR-GUNNELL, INC. a Florida corporation, on behalf of the corporation. He or she is personally known to me or has produced as identification. Notary Public, State of Florida NOTARY SEAL Print name: My commission expires: 5 RESOLUTION#2016-098 Witnesses: CITY OF DANIA BEACH, a municipal corporation of the State of Florida Print name: By: Marco A. Salvino, Sr., Mayor Print name: ATTEST: Date of execution: 12016 Louise Stilson, CMC, City Clerk Approved as to form and correctness: By: Thomas J. Ansbro, City Attorney 6 RESOLUTION#2016-098 Exhibit A Derecktor Parcel Parcel A, of DERECKTOR'S SOUTH, according to the Plat thereof, as recorded in Plat Book 89, at Page 21, of the Public Records of Broward County, Florida. 7 RESOLUTION#2016-098 Exhibit B Sketch and Legal Description of Drainage Easement Areas 8 RESOLUTION#2016-098 EXHIBIT "A" DRAINAGE EASEMENT LEGAL DESCRIPTION TAYLOR LANE DRAINAGE — DERECKTOR SURVEYOR'S NOTES: 1. This is not a Boundary Survey. This is not based upon field measurements. 2. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. LEGEND: 1. SEC. denotes Section. 2. POB denotes Point of Beginning 3. POC denotes Point of Commencement. 4. R/W denotes Right of Way 5. ESMT. denotes Easement 6. B.C.R denotes Broward County Records 7. PB denotes Plat Book 8. PG denotes Page 9. CA denotes Central Angle SURVEYOR'S CERTICATE: I HEREBY CERTIFY. that the LEGAL AND SKETCH of the Property described hereon was made under my supervision and that the LEGAL AND SKETCH meets the Minimum Technical Standards set forth by the Florida Board of Professional Land Surveyors and Mappers in Chapter 5J-17.051, Florida Administrative Code pursuant to Section 472.027, Florida Statutes. And, that the Sketch hereon is true and correct to the best of my knowledge and belief. Subject to notes and notations shown hereon. This Sketch does not represent a Land Survey. Fernando Fernandez Professional Surveyor and Mapper License LS 6765, Florida 1397 W 63th St. Hialeah, FL. 33012 PAGE 1 OF 3 (305) 303-9083 PROJECT No. DRAWN DATE: PREMIERE DESIGN SOLU71ONS INC. 13110015 2.25.2016 2900 GLADES CIRCLE, SU17E 700 DRAINAGE EASEMENT WESTON, FL 33327 954.23Z 7850 TAYLOR LANE — DERECKTOR BOATYARD PDS®PDS—ENG COM (THIS PAGE 1S NOT VALID WITHOUT THE OTHER) EXHIBIT "A" DRAINAGE EASEMENT LEGAL DESCRIPTION TAYLOR LANE DRAINAGE - DERECKTOR DRAINAGE EASEMENT LEGAL DESCRIPTION: A Drainage Easement, being a portion of Parcel A of "DERECKTOR'S SOUTH", according to the plat thereof as recorded in Plat Book 89, Page 21 of the Public Records of Broward County, Florida and being more particularly described as follows: COMMENCE at Northwest comer of said Parcel A according to the plat thereof, thence N88'20'03"E along the north line of said Parcel A, DERECKTOR'S SOUTH a distance of 35.72 feet to the Point of Beginning; thence S03'18'42E for a distance of 173.13 feet; thence S01'36'31"E for a distance of 173.31 feet; thence S0236'04"E for a distance of 163.41 feet; thence N85'01'24"E for a distance of 37.54 feet; thence N01'28'16"W for a distance of 15.03 feet; thence S85'01'24"W for a distance of 22.82 feet; thence NO2'36'04"W for a distance of 147.64 feet; thence N01'36'31"W for a distance of 173.40 feet; thence NO3'18'42"W for a distance of 172.92 feet; thence S88'20'03"W for a distance of 15.01 feet to the Point of Beginning. Said strip of land lying in the city of Dania Beach, Broward County, Florida, and containing 7,981.37 square feet more or less. PAGE 2 OF 3 PROJECT No. DRAWN DATE. PREMIERE DESIGN SOLUTIONS INC. 13110015 2.25.2016 2900 GLADES CIRCLE, SUITE 700 HESTON, FL 33327 DRAINAGE EASEMENT 954.237.7850 TAYLOR LANE - DERECKTOR BOATYARD PDS0PDS—ENG.00M THIS PAGE IS NOT VALID WITHOUT THE OTHER EXHIBIT "A" DRAINAGE EASEMENT LEGAL DESCRIPTION TAYLOR LANE DRAINAGE - DERECKTOR (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) SCALE: 1"=100' POB TAYLOR LANE N8820'03E 320I0 _NORTH LINE PARCEL A—— N88'20'03E 802.17' POC NORTHWEST CORNER S8B20 03w OF PARCEL A I 15.01 PB 89, PG 21 BCR I S03'18'42't 173.13' QI J I U` �I No3•1e'42w nQ 172.92' wl ?IA3 15' DRAINAGE EASEMENT TRANSWORLD PLAT s� DERECKTOR S SOUTH (PB 116, PG 8, BCR) IN (PB 89, PG 21, BCR) 0 Z DESCRIBED IEASEMENT NO1'36'31 w SO 1'36'31 E 173.40' 173.31' I 1 I I 1 NO2'36'04w S02'36'04 E 147.64' 163.41' I I DESCRIBED EASEMENT S85'0124w 22.82' I i NO 128'16w I 15.03' N85'01 24 E 37.54' I PAGE 3 OF 3 PROJECT No: DRAWN DATE: PREMIERE DESIGN SOLUTIONS INC. 13110015 2.25.2016 2900 GLADES CIRCLE, SUITE 700 DRAINAGE EASEMENT WESTON, FL 33327 954.23Z 7850 TAYLOR LANE - DERECKTOR BOATYARD PDS®PDS—ENG.COM (THIS PAGE IS NOT VALID WITHOUT THE OTHER)