HomeMy WebLinkAbout2021-023-3578 Construction of Sidewalk at Jessie Trice Community Health Center RESOLUTION NO. 2021-023-3578
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST
RESPECTIVELY, THAT CERTAIN JOINDER AND CONSENT
OF MORTGAGEE AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO FACILITATE THE
CONSTRUCTION OF A SIDEWALK AT THE JESSIE TRICE
COMMUNITY HEALTH CENTER, A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Jessie Trice Community Health Center is currently under
construction at 20612 NW 27th Avenue, and
WHEREAS, as part of the project requirements the Florida Department of
Transportation (FDOT) requires the dedication of a permanent easement in order to
facilitate the construction of a sidewalk, and
WHEREAS, a Joinder and Consent of Mortgagee Agreement must be executed
by the City in order to finalize the easement dedication, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes the City Manager and the City Clerk to execute and attest
respectively, that certain Joinder and Consent of Mortgagee Agreement with the Florida
Department of Transportation to facilitate the construction of a sidewalk at the Jessie
Trice Community Health Center, a copy of which is attached hereto as Exhibit "A".
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF HE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON • 'CH. 10, 2021.
71
R•DNEY H• IS, MAYOR
ATTEST:
7J -
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER
Moved by: Councilman Stephens
Seconded by: Councilwoman Campbell
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Leon Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Stephens, Ill Yes
Councilwoman Wilson Yes
Page 2 of 2
Resolution No. 2021-023-3578
This instrument prepared by,
or under the direction of,
Alicia Trujillo,Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
1000 N.W. 111th Avenue Parcel No. : 862.2R(1/25/2021)MF
Miami,Florida 33172 Item/Segment No. : 406486-1
November 23,2020-MF Managing District : 6
JOINDER& CONSENT OF MORTGAGEE
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, CITY OF MIAMI GARDENS,a municipality of the State of Florida,(the"Mortgagee");the
owner(s) and holder(s) of the mortgage and the indebtedness secured thereby (the "Security Documents"), further
described below:
RECORDED
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
Mortgage Deed and 12/19/2011 RUDG-THE
Restrictive Covenant COMMONS, City of Miami Gardens 27938-4353
LLC,a Florida
limited liability
company
Amended Mortgage Deed 7/26/2013 RUDG-THE
and Restrictive Covenant COMMONS, City of Miami Gardens 28827-2870
LLC,a Florida
limited liability
company
Bifurcation of Amended RUDG-THE
Mortgage Deed and 5/20/2015 COMMONS, City of Miami Gardens 29653-2888
LLC,a Fl
Restrictive Covenant
limited liabilityl
company
Second Amendment to 5/20/2015 RUDG-THE
Mortgage Deed and COMMONS,
Restrictive Covenant LLC,a Florida City of Miami Gardens 29653-2893
limited liability
company
Third Amendment to 5/20/2015 RUDG-THE
Mortgage Deed and COMMONS,
Restrictive Covenant LLC,a Florida City of Miami Gardens 29653-2897
limited liability
company
Corrective Bifurcation of 11/2/2015 RUDG-THE
Amended Mortgage Deed COMMONS,
and Restrictive Restricted LLC,a Florida City of Miami Gardens 29850-376
Covenant limited liability
company
Corrective Third 11/2/2015 RUDG-THE
Amendment to Mortgage COMMONS,
Deed and Restrictive LLC,a Florida City of Miami Gardens 29850-383
Covenant limited liability
company
Page 1 of 6
Restatement and 10/30/2018 RUDG-THE
Amendment of Non- COMMONS,
Restricted Mortgage and LLC,a Florida City of Miami Gardens 31630-56
Covenant limited liability
company
Amendment to RUDG THE 1/3/2018 RUDG-THE
COMMONS/City of Miami COMMONS,
Gardens Documents LLC,a Florida City of Miami Gardens 30813-4894
limited liability
company
WHEREAS, the Security Documents encumber the Mortgaged Property described in the Mortgage, which
Mortgaged Property has not been released as of the date hereof.
NOW, THEREFORE, for TEN DOLLARS ($10.00) and other good and valuable consideration received, the
Mortgagee hereby joins and consents to the Permanent Easement(the"Easement"),to which this instrument is attached,
and which shall be recorded in the Public Records of said County and agrees that the lien and effect of the Security
Documents shall be subject and subordinate to the Easement.
The Mortgagee makes no warranty or representation of any kind or nature concerning said Easement or any of
its terms or provisions or the legal sufficiency thereof and disavows any such warranty or representation. None of the
representations contained in the Easement shall be deemed to have been made by the Mortgagee.
Except only as expressly provided herein, this Joinder & Consent shall not in any way affect or diminish the
rights,benefits and remedies of Mortgagee as set forth in the Security Documents.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name, and its corporate
seal to be hereunto affixed,by its proper officers thereunto duly authorized,the day and year first above written.
Signed,sealed,and delivered in the presence of: CITY OF MIAMI GARDENS,
a municipality of the State of Florida
(Two witnesses required by Florida Law)
By:
Print/Type name
(Signature of Witness) Title:
(Print/Type Name of Witness)
(Address)
(Signature of Witness)
(Print/Type Name of Witness)
Page 2 of 6
or,ATTEST by: ,Title: (Affix Corporate Seal)
STATE OF_
COUNTY OF
The foregoing instrument was acknowledged before me by means of [] physical presence or [] online
notarization,this day of ,20 by of CITY OF
MIAMI GARDENS, a municipality of the State of Florida. He/she is personally known to me or has produced
as identification.
Notary Stamp
(Signature of person taking acknowledgement)
(Type,print or stamp name under signature)
Title or Rank and Serial No.,if any:
Page 3 of 6
EXHIBIT "A"
LEGAL DESCRIPTION
SECTION 33-TOWNSHIP 51 SOUTH-RANGE 41 EAST
CITY OF MIAMI GARDENS
LEGAL DESCRIPTION PARCEL 862:
A portion of Tracts 34 & 35 of "EVERGLADES SUGAR AND LAND COMPANY'S
SUBDIVISION", in Section 33, Township 51 South, Range 41 East,
according to the plat thereof, as recorded in Plat Book 2, at Page 75,
of the Public Records of Miami-Dade, County Florida, being more
particularly described as follows:
COMMENCE at the Northeast Corner of the Southwest 1/4 of said Section
33, said corner also being the Northeast Corner of Tract 33 of said
plat of EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION; thence
S87°49'27"W along the North Line of the Southeast 1/4 of said Section
33 and also being the North Line of said Tract 33 for 175.00 feet;
thence S01°47'25"E along a line parallel with and 175 feet West of the
East Line of the Southeast 1/4 of said Section 33, said line also
being the East Line of said Tracts 33, 34 and 35 and also the West
Right of Line of NW 27th Avenue (State Road No. 817) , as shown on
certain Florida Department of Transportation Right of Way Map for State
Road No. 817, Section 87660-2150 (87019-2501) , last dated on May 5,
1959, for 651.55 feet to the POINT OF BEGINNING of the parcel of land
hereinafter described; thence continue SO1°47'25"E along said West
Right of Way Line of NW 27th Avenue (State Road No. 817) for 55.26
feet; thence N46°47'24"W for 4.68 feet; thence N01°49'26"W for 48.61
feet; thence N43°12'36"E for 4.72 feet to the Point of Beginning.
Containing an area of 173 Square Feet, more or less, by calculations.
This document consists of three (3) sheets and
shall not be considered full, valid, and complete
unless each sheet is attached to the other. THIS IS NOT A SURVEY
HADONNE CORP. Florida Department of Transportation District M
Land Surveyors and Mappers Item/Seg. No.:406486-1
Certificate of Authorization LB7097 Sect/Job No.: 87016
1985 NW 88 Court, Suite 101 FAP No.: N/A
Doral, Florida 33172 SR No.: STATE ROAD NO. 817
305.266.1188 phone County. Miami-Dade
305.207.6845 fax Parcel No.: 862 Sheet 1 of 3
Page 4 of 6
EXHIBIT "A"
LEGAL DESCRIPTION 0 10 20
SECTION 33-TOWNSHIP 51 SOUTH-RANGE 41 EAST
CITY OF MIAMI GARDENS
LEGEND M SCALE: 1" = 20'
P.B. = PLAT BOOK 58749'27"W 175'00
PG. = PAGE
O.R.B. = OFFICIAL RECORDS BOOK
SEC. = SECTION NORTH UNE OF THE SE 1/4 4 POC
FDOT = FLORIDA DEPARTMENT OF TRANSPORTATION NE CORNER
P.0.0 = POINT OF COMMENCEMENT OF SEC. 33-51-41 Of SE 1/4 OF
P.0.8 = POINT OF BEGINNING 1 SEC. 33-51-41
CE = CENTERLINE STA 546+10'18
SR = STATE ROAD I I
SIGNAGE EASEMENT w 1 I
(0.R.B. 31648. 1.N I j
TRACT 34 PG. 4081) I,r; 125'
"EVERGLADES SUGAR P J N�� 50'
&LAND COMPANY'S I •ti�ti POB I
SUBDIVISION" .0"?k� PABCELTI I
PARCEL
(P.B. 2, PG. 75)
a W
— - 1,-, i \ ,_,
Fa
PARCEL I
N N I °s
a I Q I w o N rn
Z�� Z
862 N 0 co›.] t
a�
" z s aa�< wt` m�
ROADWAY EASEMENT F- Bn rn < 7n N F k �<
W <CY .- ce-R.--z N 1O F-N�
(INGRESS/EGRESS EASEMENT) le rn_ o m N o i r- (n
Nr N w W o..i O _ 2evcr
(0.R.B. 31648, PG. 4053) o w
v r--a.
o=va tnz
(53 -c
aw2oo
TRACT 35 Z � § Z< M o0m° I Z� �"(
"EVERGLADES SUGAR Wo N o & W�W¢�`co
op I UJ I N ..ZN
&LAND COMPANY'S Z o S P z Q N C0 m N 5
SUBDIVISION" — = Z'
�o ce� Zw
(P.B. 2, PG. 75) tiA 0r..„
Wg
r_J
50' 125'.
This document consists of three (3) sheets and
shall not be considered full, valid, and complete
unless each sheet is attached to the other. 1HIS IS NOT A SURVEY
HADONNE CORP. Florida Department of Transportation District VI
Land Surveyors and Mappers Item/Seg. No.:406486-1
Certificate of Authorization LB7097 Sect/Job No.: 87016
1985 NW 88 Court, Suite 101 FAP No.: N/A
Doral, Florida 33172 SR No.: STATE ROAD NO. 817
305.266.1188 phone County. Miami—Dade
305.207.6845 fax No.: 862 Sheet 2 of 3
Page 5 of 6
EXHIBIT "A"
LEGAL DESCRIPTION
SECTION 33-TOWNSHIP 51 SOUTH-RANGE 41 EAST
CITY OF MIAMI GARDENS
SOURCES OF DATA:
Plat. of "EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION", recorded in Plat Book 2, at Page 75
of the Public Records of Miami-Dade County Florida.
Plat of "27TH AVENUE RACF.TRAC", recorded in Plat Book 160, at Page 34 of the Public Records of
Miami-Dade County Florida.
Florida Department of Transportation Right of Way Map for State Road No. 817 (NW 27th Avenue),
Section 87660-2150 (87019-2501), last dated on May 5, 1959.
Bearings as shown hereon with a value of S01°47'25"E for the West Right of Way Line of NW 27th
Avenue (State Road No.817), as per Florida Department of Transportation Right of Way Map,
Section 87660-2150 (87019-2501).
EASEMENTS AND ENCUMBRANCES:
Lands shown hereon were abstracted for right-of-way, easement of record, ownership, abandonment,
deed restrictions and Murphy Act Deeds. An Opinion of Title prepared by Ellen Rose, Esquire,
dated October 16, 2020, was provided, covering from December 22, 2011 at 2:56 PM to October 6,
2020, at 11:00 PM.
LIMITATIONS:
Since no other information other than what is cited in the Sources of Data were furnished, the
Client is hereby advised that there may legal restrictions on the subject property that are not
shown on the Sketch or contained within this Report that may be found in the Public Records of
Miami-Dade County, Florida or any other public and private entities as their jurisdictions may
appear.
This document does not represent a field boundary survey of the described property, or any part
or parcel thereof.
SURVEYOR'S CERTIFICATE:
I hereby certify that this "Sketch to Accompany Legal Description," was prepared under my
direction and is true and correct to the best of my knowledge and belief and further, that said
Sketch meets the intent of the "Standards of Practice for Land Surveying in the State of
Florida", pursuant to Rule 5J-17.051 of the Florida Administrative Code and its implementing
Role, Chapter 472.027 of the Florida Statutes.
Abraham Hadad �o"�nb°,i.,tiRK
ON:c•U5,°•NAOONN[1 05 DO MIiI OCIX>000I75i669407100600CK(0..41..,.n lYd b
atm 71171 D1]1 15:56:5]OS'00'
AdoW M,°Mrn,Jnn:71170011.700 4 1.
Abraham Hadad, P.S.M.
Lor the Flrl11
Professional Surveyor and Mapper LS6006 „
State of Florida 'O 3 '15
HADONNE CORP. -
Land Surveyors and Mappers
Certificate of Authorization LB7097 NOTZCE:-14ot valid without the original
1985 NW 88th Court, Suite 101 signature and seal og a Florida
Florida 33172 Licensed -�4t1 ey :sCandMapper. Each
Doral,
305.266.1188
Flori phone Sheet as Yri:i5,k667raled,.Lhere.i'n shall not
305.207.6845 fax be consider0 'fu11,- valid and complete
Date: January 21, 2021 unless attach-e4 to_ the others. This
Notice is required by Rule 5J-17 of the
Florida Administrative Code.
This document consists of three (3) sheets and
shall not be considered full, valid, and complete THIS IS NOT A SURVEY
unless each sheet is attached to the other.
HADONNE CORP. Florida Department of Transportation District V1
Land Surveyors and Mappers Item/Seg. No.:406486-1
Certificate of Authorization LB7097 Sect/Job No.: 87016
1985 NW 88 Court, Suite 101 FAP No.: N/A
Doral, Florida 33172 SR No.: STATE ROAD NO. 817
305.266.1188 phone County. Miami-Dade
305.207.6845 fax Parcel No.: 862 Sheet 3 of 3
Page 6 c- 6