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HomeMy Public PortalAbout22-010 - Purchase of Land as an access easement for the maintenance Pine Tree LakeSponsored by: City Manager RESOLUTION NO. 22-010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE PURCHASE OF A TRACT OF LAND LOCATED AT 13600 NW 17TH AVENUE (FOLIO 08-2122-018-0200) IN THE AMOUNT OF TWENTY-FOUR THOUSAND DOLLARS ($24,000), TO SERVE AS AN ACCESS EASEMENT FOR THE MAINTENANCE OF PINE TREE LAKE; PROVIDING FOR A CONTINGENCY BUDGET OF THREE - THOUSAND DOLLARS ($3,000); FURTHER AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT FOR PURCHASE AND SALE OF SAID LAND, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND TO TAKE ALL OTHER NECESSARY ACTIONS TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Interim City Manager recommends that the City of Opa-Locka ("City") enter into an agreement with DMG Investment Group to purchase proposed easement property located at 13600 NW 17th Avenue (Folio 08-2122-018-0200) in the amount of Twenty -Four Thousand Dollars ($24,000) to facilitate maintenance of Pine Tree Lake; and WHEREAS, the Interim City Manager further recommends the establishment of a Three -Thousand Dollars ($3,000.00) contingency budget to be available for ancillary expenses which may arise in completing and recording this transaction; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to purchase the proposed easement located at 13600 NW 17th Avenue (Folio 08-2122-018-0200) in the amount of Twenty -Four Thousand Dollars ($24,000), to facilitate maintenance of Pine Tree Lake and enter into an Agreement for the Sale and Purchase of Vacant Land in "As Is" Condition with TNJ Realty, LLC., as attached hereto as Exhibit "A" and enter into an agreement for same, in a form acceptable to the City Attorney. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Resolution No. 22-010 Section 2. AUTHORIZATION The City Commission of the City of Opa-Locka hereby authorizes the purchase of a tract of land located at 13600 NW 17th Avenue (Folio 08-2122-018-0200) in the amount of Twenty -Four Thousand Dollars ($24,000), to serve as an access easement for the maintenance of Pine Tree Lake; further authorizing the Interim City Manager to execute the agreement for purchase and sale of said land, in a form acceptable to the City Attorney, provide for a contingency budget of Three Thousand Dollars ($3,000.00) for the purchase and to take all other necessary actions to effectuate the intent of this resolution. SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager following review by the City Attorney and without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall be effective immediately upon adoption hereof and approval by the Governor of the State of Florida or Governor's designee. PASSED and ADOPTED this 27th day of July, 2022. Attest: o nna Flores, City Clerk Moved by: Vice Mayor Taylor Seconded by: Commissioner Bass Veronica J. Williams, Mayor Approved as to Form And Legal Suff ncy: Bur d'ette Norris Weeks, P.A. City Attorney 2 Resolution No. 22-010 VOTE: 5-0 Commissioner Bass YES Commissioner Davis YES Commissioner Dominguez YES Vice -Mayor Taylor YES Mayor Williams YES 3 City of Opa-locka Agenda Cover Memo Department Director: Airia Austin Department Director Signature: C, - Ma Manager: Darvin Williams CM Signature: 0 �' �,� /� ��ii "'� " u'�c.j, Commission Meeting Date: 07/27/2022 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (Enter Xin box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Accountu : (Enter Fund & Dept.) Ex: See Financial Impact Section Advertising Requirement: (EnterX in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational El Bus. & Economic Dev IN Public Safety El Quality of Education (] Qual. of Life & City Image • Communication 0 Strategic Plan Obj./Strategy: (list the specific objective/strategythis item will address) X Sponsor Name City Manager Department: City Manager Short Title: Purchase of Land for Access Easement Staff Summary: A resolution of the City Commission of the City of Opa-locka, Florida, accepting the proposal presented by DMG Investment Group for the City to purchase a tract of land located at 13600 NW 17th Avenue (Folio 08-2122-018-0200) in the amount of $24,000, to serve as an access easement for the maintenance of Pine Tree Lake, and authorizing the City Manager to enter into and execute a purchase and sale agreement for said property. Financial Impact This is an unbudgeted acquisition which will be addressed in Budget Amendment #4. In addition to the purchase price of $24,000, it is recommended that $3,000 be authorized above the purchase price to cover any legal, recording, or other fees associated with this transaction. The amount will be charged to the Stormwater Fund, which will have responsibility for maintaining this lake. The acquisition will be funded from Stormwater Contingency in Budget Amendment #4 as follows. Account Description Available Project Remaining Balance 43-519610 Purchase of Land $27,000 $24,000 $3,000 Proposed Action: Staff recommends the City Commission authorize the Interim City Manager to enter the City into an agreement with DMG Investment Group to purchase an easement at 13600 NW 17th Avenue (Folio 08-2122-018-0200) in the amount of $24,000 to facilitate maintenance of Pine Tree Lake. Staff further recommends the establishment of a $3,000 contingency to be available for ancillary expenses which may arise in completing and recording this transaction. Attachment: 1. Agenda 2. Drawing of lot 3. Email with proposal + SITE INFORMATION OVE MR F OLON MMER LO TANE S ESREY 10Aw0aR BEGATMECORLOTMISIF TEMEMEWELSTNI IMSFTNO DEG ESOFTEOL SEPENIMEIVEMPTTOPOSLOTSEE NWPS + LOCATION + ZONING DATA: ZONING: R-1 LOTME E 10A1SMR EXISTVG ERO PO GED D.22N11s'A LOICO VIMAG E SE TBACKS REOUP EO MEMO PROPO SEO 111, SOFL PONL Win POPUERSME IIMESPENG R EAR STR EET + SITE INVESTIGATION NO TE + ALTERATION PROJECT PRO CEDURES + TERMITE PROTECTION PLREEPAEMAN MEMO. PM ALE. MD LA. MAXIMO BY TIM MULL BE PPM TO TM SLUM° IMP ARTMEI PT PM POW= FM CONT ROL GOSIPANT TIL P c orm., PM FOLLO WING STATEMENT: TM MAIM. RA.1 TENE T. TAPATE09. LI SCOOP/SE CS WEE PM MUM A ND LA VE + GENERAL SCOPE OF WORK + NO TE Sidewalk Co nc . D/ W 0 O Asphalt Pavem ent 40' Dedicated R/W As P er PB 62-85 Miami -Dade Co ., FL. 2' Curb and Gutt er Opa-Locka B oul evard STATE RD m W/M® W/M P arkway CUP N89'24'5 75 .27' Con c. D/W Sidewalk Yz HP No Id Lo t 39 /2' FIP No Id 3 6' I/F 4' CLF m J O O 0 O s FIP o Id 0 0 c in M YE R A. a�iro 10/ WATERLINE WA LIAN� 0/132. Q OC 0 A c- 9 Service Box 916 Traffic Signal Box Tr affic Lght;i? Pole 01 i Ito otocwoorbows snot, og 10, 1 INSTALLNEWC ONGREIS I NTESIOESNOP AVE RS SET ON 11 If �I 4<D 1 I Tw nNe WATERLINE PREPPIE MIL OPO WEoon„. Ne RIEEE J1+RammmT A L PVT EP EGIMEI OA 07 ater AA A cess 7j/ 4' CLF// Ocp CBS S89°24'54"E Wall Easemen t As Pe r C FN FF-166397 CBS W all 6 W/F Lot 41 88.52' O O APPR OA CH SP ASMS IMIPERS.Mnek PE ER ORGIMETISC W F/H J au no We gOnp ,Z t'"- I 1 o z n andezu+D y o p m 'I °' }1295 3C PROJECT m C a t rl^ 13600 NW 17 AVE 9 VJ L_ R� design+devolopm enl C) 0 m E anA®ER R� "T;,�aSO MME IE WM. Conc. D/W S89'24'54'E 50.00' • F/N PROPOSED GROUND FLOOR PLAN: S(:014�1(6' �.L-u'• ' N OWNER DMG INVESTMENT TRUST LLC ARCHITECT NANDE 2D.bm De.HmR "m an Sw 1nnAvE LIM A. weiiiD, IS "rw ao eW.ma .R "R AA 2.002 122 203016 .20 A RCHITECT A RCHITECT OF RECO RD . RAL PH P ula JR. AACHrI ECA RED, E AA 0010106 SE AL REWO RKS REVISIONS INF ORMATION PR OP OSED SITE PLAN DATE: 10/112021 Scab: AS SHOWN Job N o.: 2021/ Drow n by: RP Chocked by. RP Jr. Sheet A101 Airia Austin From: Joel Dominguez <Joel@dmgigroup.com> Sent: Monday, April 25, 2022 4:33 PM To: Airia Austin; Gerald J. Lee Subject: Re: 13600 NW 17th Avenue - Construction Plans and Permit Application CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. That price is for the easement. That lot is worth north of $200,000. We must develop that corner because the city reached out to us about the lake access after we had already submitted plans to DERM, taken a loan and paid contractor and manufacturer a percentage of the construction cost. If we must sell that lot today all the above -mentioned expenses will have to be added to the sales price. Time is of the essence for us. That is why we need to have a public hearing scheduled ASAP. Please Mr. Gerald. Can you confirm we are set for hearing? Thank you. Joel A. Dominguez Partner DMG Investment Group LLC 178 Giralda Ave 2nd Floor Coral Gables, FL 33134 Direct: 786.413.5734 Email: joelOdmgigroup.com The information contained in this message and any attachment(s) may be privileged, confidential, proprietary, or otherwise protected from disclosure and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message and any attachment is strictly prohibited and may be unlawful. If you have received this message in error, please notify us immediately by replying to this email and permanently delete the message from your computer. If this e-mail is misdirected, DMG Investment Group LLC. and its affiliates do not waive confidentiality or any privilege. From: Airia Austin <Aaustin@Opalockafl.gov> Sent: Monday, April 25, 2022 3:50:42 PM To: Joel Dominguez <Joel@dmgigroup.com>; Gerald J. Lee <gjlee@OpaLockafl.gov> Subject: RE: 13600 NW 17th Avenue - Construction Plans and Permit Application Mr. Dominguez: My apologies for not responding sooner the city manager would like to know if that price for city acquisition? 1 YRailkyou, Gina From: Joel Dominguez <Joel@dmgigroup.com> Sent: Monday, April 25, 2022 1:47 PM To: Airia Austin <Aaustin@Opalockafl.gov>; Gerald J. Lee <gjlee@OpaLockafl.gov> Subject: Re: 13600 NW 17th Avenue - Construction Plans and Permit Application CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good afternoon, I have not heard back from you since April 5th. Are we all good for the public hearing? Please advise. Thank you. Joel A. Dominguez Partner DMG Investment Group 178 Giralda Ave 2nd Floor Coral Gables, FL 33134 Direct: 786,41.3,5734 Email: joel@dmgigroup.com The information contained in this message and any attachment(s) may be privileged, confidential, proprietary, or otherwise protected from disclosure and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message and any attachment is strictly prohibited and may be unlawful. If you have received this message in error, please notify us immediately by replying to this email and permanently delete the message from your computer. If this e-mail is misdirected, DMG Investment Group LLC. and its affiliates do not waive confidentiality or any privilege. From: Joel Dominguez <Joel@dmgigroup.com> Sent: Monday, April 18, 2022 7:29 AM To: Airia Austin <Aaustin@Opalockafl.gov>; Gerald J. Lee <gilee@OpaLockafl.gov> Subject: Re: 13600 NW 17th Avenue - Construction Plans and Permit Application Good morning, I am following up on this matter. Are we all good for public hearing? Please advise. Thank you. Joel A. Dominguez Partner DMG Investment Group 2 178 Giraida Ave 2nd Floor Coral Gables, FL 33134 Direct: ?,g , i T X77 ,, Email: joeft dmgigroup.com The information contained in this message and any attachment(s) may be privileged, confidential, proprietary, or otherwise protected from disclosure and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message and any attachment is strictly prohibited and may be unlawful. If you have received this message in error, please notify us immediately by replying to this email and permanently delete the message from your computer. If this e-mail is misdirected, DMG Investment Group LLC. and its affiliates do not waive confidentiality or any privilege. From: Joel Dominguez <Joel@dmgigroup.com> Sent: Monday, April 11, 2022 5:34 PM To: Airia Austin <Aaustin@Opalockafl.gov>; Gerald J. Lee <gilee@OpaLockafl.gov> Subject: Re: 13600 NW 17th Avenue - Construction Plans and Permit Application Good afternoon, Mr. Austin, attached - Site plan with proposed 20ft easement. Mr. Lee, please confirm that nothing else is needed to proceed with the public hearing. Thank you. From: Airia Austin <AaustinPOpalockafl.gov> Sent: Tuesday, April 5, 2022 4:07 PM To: Joel Dominguez <Joel@dmgigroup.com>; Gerald J. Lee <gilee@OpaLockafl.gov> Subject: RE: 13600 NW 17th Avenue - Construction Plans and Permit Application Mr. Dominguez: Thank toy for providing your expected price on the easement. This should be done separate and apart from your intent to construct; please provide us with a drawing of the legal description of the easement, so we can bring it before the City Commission for approval. How was the determination of $24,000 made? %iria Austin, PuEfic lrork,s/CI birector 'City of Via Iocka 12950 W1'Y !y2„d-avenue C71a-locia, 3Jo5k. Office: 3o5955-2868,Ext.14.5o teffufar: 305 )21-2595 mail aaustin®oyafockViriov From: Joel Dominguez <Joel@dmgigroup.com> Sent: Tuesday, April 5, 2022 10:16 AM To: Gerald J. Lee <gilee@OpaLockafl.gov>; Airia Austin <Aaustin@Opalockafl.gov> Subject: Re: 13600 NW 17th Avenue - Construction Plans and Permit Application 3 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good morning Mr. Lee, That is correct. We are going with option 2 on the letter. (2 SFH that will share a common wall). Since this process cannot be expedited, we are willing to give the maintenance easement to the city in exchange for a one-time fee of $24,000 to help us burden the cost of time and inflation in this venture. (I discussed this with Mr Austin on our last call) This fee will help us cover the legal costs involved in drafting the easement as well as the costs involved for not having the option to expedite the process. Let me know if anything else is needed on our end to submit the package for the hearing. Also, let me know if we should start working on the drafting of the easement prior to the hearing. Thank you. Joel A. Dominguez Partner DMG Investment Group LLC 178 Giralda Ave 2nd Floor Coral Gables, FL 33134 Direct: 786.413.5734 Email: joeI@ dmgigroup.com The information contained in this message and any attachment(s) may be privileged, confidential, proprietary, or otherwise protected from disclosure and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message and any attachment is strictly prohibited and may be unlawful. If you have received this message in error, please notify us immediately by replying to this email and permanently delete the message from your computer. If this e-mail is misdirected, DMG Investment Group LLC. and its affiliates do not waive confidentiality or any privilege. From: Gerald J. Lee <gilee@OpaLockafl.gov> Sent: Thursday, March 24, 2022 4:35 PM To: Joel Dominguez <Joel@dmgigroup.com> Subject: RE: 13600 NW 17th Avenue - Construction Plans and Permit Application 4 Mr. Dominguez, I received your permit application and site plan for the development of two single family homes for the aforementioned property. Per correspondence from Planning & Community Development Department staff dated December 10, 2021 we provided four options at that time. The plan you submitted requires formal Special Exception hearing review before the Planning & Zoning Board and formal review and approval before the City Commission at a public hearing as indicated in the 12-10-21 correspondence. (see attached) One of the options provided to you would require only the submission of a building permit and that was the option of two single family homes that are separated from the other and complies with the required setbacks between the houses. Please confirm that based on the plan provided, that you intend to submit a complete development package for a public hearing before the Planning & Zoning Board and before the City Commission for approvals before submission of building permits. Sincerely, Gerald J. Lee, Planner/Zoning Official Planning & Community Development Dept. OPA-TISHA-WOCKA-LOCKA The GREAT CITY 780 Fisherman Street 1 Opa-locka, FL 33054 P: 305 953-2868 X-1502 C: 305 807-8545 glee@opalockafl.gov www.opalockafl.gov Under Florida Law, email addreses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Joel Dominguez <Joel@dmgigroup.com> Sent: Wednesday, March 23, 2022 6:41 PM To: Gerald J. Lee <gilee@OpaLockafl.gov> Subject: Fw: 13600 NW 17th Avenue - Construction Plans and Permit Application 5 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good afternoon Mr. lee, See attached copy of the permit application along with the site plans to be submitted for the Opa-Locka corner of 17th avenue and 135th St. Let me know if there is anything else we need to begin this process. Sincerely, Joel. Joel A. Dominguez Partner DMG Investment Group 178 Giralda Ave 2nd Floor Coral Gables, FL 33134 Direct: 786.413.5734 Email joel©dmgigroup.com The information contained in this message and any attachment(s) may be privileged, confidential, proprietary, or otherwise protected from disclosure and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message and any attachment is strictly prohibited and may be unlawful. If you have received this message in error, please notify us immediately by replying to this email and permanently delete the message from your computer. If this e-mail is misdirected, DMG Investment Group LLC. and its affiliates do not waive confidentiality or any privilege. From: Lino Solano <Iino@lerockconst.com> Sent: Wednesday, March 23, 2022 5:33 PM To: Joel Dominguez <Joel@dmgigroup.com> Subject: 13600 NW 17th Avenue - Construction Plans and Permit Application Good Afternoon Joel, Attached, please find the copy of the permit application to be submitted to the city pertaining to the Lotus Side -by -Side Model. Please, note that we will need an additional (2) copies of the survey signed/sealed since the previous one was submitted with the previous permit application. Thank you Kind Regards, Lino R. Solano, CGC1524677 Principal Lerock Construction, LLC. 2665 S. Bayshore Dr., Suite 220 Miami, FL. 33133 (305) 506-2693 Phone 6 (305) 506-2687 Fax www.Ierockconst.com Confidentiality Warning: This electronic mail transmission contains information intended only for the use of the individual or entity named above. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney -client privilege, that may attach to this communication. Thank you for your cooperation. Public Records Notice: Under Florida Law, email addresses and electronic communications are public records. If you do not want your email address or the content of your electronic communication released in response to a public records request, do not send electronic mail to this entity. Public Records Notice: Under Florida Law, email addresses and electronic communications are public records. If you do not want your email address or the content of your electronic communication released in response to a public records request, do not send electronic mail to this entity. Public Records Notice: Under Florida Law, email addresses and electronic communications are public records. If you do not want your email address or the content of your electronic communication released in response to a public records request, do not send electronic mail to this entity.