HomeMy WebLinkAboutBoard of Trustees of the Internal Improvement Trust Fund of the State of Florida (2)i oral ilia iiiu iivi lull via iiiu mi iai
20 2 6- 3 4 1 6 6 CFH 2026RO364339
OR BK 35323 Pss 4096-4105 (1OP9s)
RECORDED O5/28/2026 13:06:OO
DEED DOC TAX $0.60
This Instrument Prepared By: SURTAX f0.45
Lisa -Marie Haulerson JUAN FERNANDE2-BAROUIN
Action No. 38214 CLERK OF THE COURT 6 COMPTROLLER
Bureau of Public Land Administration MIAMI-DARE COUNTY, FL
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS EASEMENT RENEWAL
EASEMENT NO.26674
BOT FILE NO. 130883466
THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State
of Florida, hereinafter referred to as the Grantor.
WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated
herein, the Grantor does hereby grant to City of Miami Beach. Florida, a Florida municipal comorstion, hereinafter referred
to as the Grantee, a nonexclusive easement on, under and across the sovereignty lands, as defined in 18-21.003,
Florida Administrative Code, if any, contained within the following legal description:
A parcel of sovereignty submerged land in Sections) 33
Township 53 South, Range 42 Eas4 in Biscavne Bay,
Miami -Dade County, Florida, containing 6 051 square feet,
more or less, as is more particularly described and shown
on Attachment A,dated November 28, 1984.
TO HAVE THE USE OF the hereinabove described premises from February 7. 2016, the effective date of this
renewal easement, through February 7, 2066, the expiration date of this renewal easement. The terms and conditions on and for
which this easement is granted are as follows:
L USE OF PROPERTY: The above described parcel of land shall be used solely for the operation of an existing water
main crossing and Grantee shall not engage in any activity related to this use except as described in the State of Florida
Department of Environmental Protection Environmental Permit No. 130883466 dated November 16, 1984, incorporated
herein and made a par[ of this easement by reference. All of the foregoing subject to the remaining conditions of this
easement.
2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules
provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by
such emended roles within 90 days of the date the amended rules become effective or by a date provided by an invoice from
the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to
accrue on the date that the amended rules become effective.
3. WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title to the
lands described herein nor guarantees the suitability of any ofthe lands for any particular use.
[45j
4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prim rights of the United States and any
and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement.
5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS:
Grantee shall not damage the easement lands or unduly interfere with public or private rights therein.
6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is
nonexclusive, and the Gramm, or its duly authorized agent, shall retain the right to enter the property or to engage in management
activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to
third parties during the term of this easement.
7. RIGHT TO INSPECT: Gramor, or its duly authorized agent, shall have the right at any time to inspect the works and
operations of the Grantee in any matter pertaining to this easement.
8. LIABILITYANVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its
expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of
that parry and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of
sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time,
or any other law providing limitations on claims.
9. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior written
consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any assignment or
other transfer without prior written consent of the Grantor shall be null and void and without legal effect.
10. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide by the
provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its
successors and assigns. In the event the Grantee fails or refuses in comply with the provisions and conditions herein set forth or
in the event the Gmnme violates any of the provisions and conditions herein, this easement may be terminated by the Grantor
upon 30 days written notice to the Grantee. If terminated, all of the above -described parcel of land shall revert to the Grantor.
Any costs or expenses incurred by the Granter in removing the Grantee or its property from the easement area shall be paid by
the Grantee. All notices required to be given to the Grantee by this easement or applicable law or administrative rules shall be
sufficient if sent by U.S. Mail to the following address:
City of Miami Beach, Florida
Public Works Department
1700 Convention Center Drive
Miami Beach, Florida 33139
The Grantee agrees to notify the Grantor by certified mail of my changes to this address at least ten (10) days before the change
is effective.
11. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the subject
property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and
description which we now or may be hereafter lawfully assessed and levied against the subject property during the effective
period of this easement which result from the grant of this easement or the activities of Grantee hereunder.
12. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures and
equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and
equipment will be deemed forfeited to the Granter, and the Grantor may authorize removal and may sell such forfeited structures
and equipment after ten (10) days written notice by certified mail addressed in the Grantee at the address specified in paragraph
10 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other
remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all structures
and the right to impose administrative fines.
Page 2 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(3486-13)
13. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any
provision, nor any waiver or successive waivers on its part ofany provision herein, shall operate as a discharge thereofor render
the same inoperative or impair the right ofthe Grantor to enforce the same upon any renewal thereofor in the event of subsequent
breech or breaches.
14. AMENDMENT/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions
are not severable. Any amendment or modification to this easement must be in writing and most be accepted, acknowledged and
executed by the Grantee and Granmr.
15. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee
shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the
construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior
written approval of the Grantor prior to the commencement ofconslruction and/or any activities on sovereign, submerged lands.
16. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional
structures shall be erected and/or activities undertaken, including but not limited to, dredging, reloci tionlrealignment or major
repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written
consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor,
such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject
the Grantee to administrative fines under Chapter I8-14, Florida Administrative Code. If emergency repairs are required to be
undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as
is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement.
17. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Gramee must have satisfactory
evidence ofsufficient upland interest as defined in subsection 18-21.003(65), Florida Administrative Code, to the extem required
by paragraph 18-21.004(3xb), Florida Administrative Code, in order to conduct the activity described in this easement. Ifat any
time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty, submerged lands
described in this easement shall immediately cease and this easement shall terminate and title to this easement shall revert to and
vest in the Grantor immediately and automatically.
[Remainder ofpage intentionally left blank; Signature page follows]
Page 3 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(3486-13)
IN WITNESS WHEREOF, the Grantor and the Grantee have executed this
BOARD OF
Address: 3800 Commonwealth Blvd
written.
�ssee F 2399 Florida ofEnvirdO
as agentf n alfofthe
Signature: Trustees o Inlrm ve
t ofthe Staten 'd�ATaW
Printed Name: 1 Q%SB'Y\
Florida Depar0uento
Address: 3800 Commonwealth Blvd Division of State Lands
3800 Commonwealth Blvd
Tallahusee FL 32399 Tallahassee, FL 32399
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was
He
APPROVED+ SUBJECT TO PROPER EXECUTION:
&—K 1/22/2026
DEP Attorney Date
t 73TITU17111
of physical presence this d nd day of A
rnwainn nf9mte l.andc cmm ofFlMd.
My Commission Expires:
CommissioNSerial
Page 4 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(348&13)
CELEDA A. WALLACE
Commission p HH 504171
Expires March 13, 2028
WITNESSES:
Signature:
Printed Name: CHARLES D'AGOSTIN
Address:
lop Cor.q r
�"' C��G
3381
Signature
Printed Name: REGIS BARBOU
Address: -DC
MA a ..; `Benc4FL 3-S L19
City of Miami Be e', Florida,
e Florida n u' t rati S
BY:
Original Signature o • ecuting Aamity
S ev M
Typed/Primed Name of Executing Authority
M
Title of Executing Authority
City of Miami Beach, Florida
Public Works Department
1700 Convention Center Drive
Miami Beach, Florida 33139
`GRANTEE„
L
STATE OF BO'
qg r 't s
COUNTY OF Ht °'~-' "at'Oe i IN,COAP 0 TI0.o-
The foregoing instrument was acknowledged before me`Fy means of physical presence or _online notarization this
Z O day of MkRcN , 2 en Mma as Mayor, for and on behalf of City of Miami Beach Florida, a FloFlo=da
municipal corporation. He iypersonally knowAy me or who has produced , as identification.
a�1141ae1[
MFAEL E. GRPNADO Signature of Notary Public
My COMMISSION HHH 716030 r
°i EXPIRES: Septeenter 16, 2029 Notary Public, State of 1 `OM1rD J�
RAFAEL E. GRANADO
Commission/Serial No. N tA T i k +30 Printed, Typed or Stamped Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
?.Gtv Attorney Date
Page 5 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(3486-13)
y
R
J
7I
a.0
,67x:.."n
p
p p
p
p:
.x ,
TO
l
Q I;•
p,,,.end
- bww�r,.w.
iQGw.im�mn
ti
..+ xn
V
I tt'. r
®
UYYIBY Wa ,�
•gym-
I
To ITT"
ati
� nxe
nxGnw
px. ,.xxw
Attachment A
Page 6 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(3486-13)
Exhibit "A"
A 10.00-foot Water Main Easement in Biscayne Bay, South of Venetian Causeway and lying
between Di Lido Island on the West, said Island being recorded in Plat Book 8 at Page 36 and
Rivo Alto Island on the East, said Island being recorded in Plat Book 7, Page 74, both Plats
being recorded in the Public Records of Miami -Dade County, Florida.
Commence at the Northeast comer of Lot 29, Block 5 of the above mentioned Di Lido Island and
thence East along the projection Easterly of the Northerly line of said Lot 20 a distance of 3.81
feet to a point on the water face of a concrete bulkhead abuting Biscayne Bay, said Point being
the Point of Beginning of the 10.00-foot Water Main Easement hereinafter described. The
following course are all within the confines of Biscayne Bay: thence continue along the last
mentioned course a distance of 4.19 feet to a point; thence S 74034' 18" E a distance of 161.634
feet to a point; thence run due East a distance of 273.44 feet to a point; thence not N 74e29'42" E
a distance of 160.854 feet to a point; thence run Due East a distance of 5.00 feet to a point on the
water face of a concrete bulkhead, said point said point being 3.00 feet Due West of the
Northeasterly corner of Lot 19, Block I of the aforementioned Rivo Alto Island, as measured
along the northerly line of said Lot 19 projected Westerly; thence ran Due North along the water
face of said concrete bulkhead a distance of 10.00 feet to a point; thence run Due West a distance
of 6.36 feet to a point; thence run S 74e29'42" W a distance of 160.854 feet to a point; thence
run Due West a distance of 270.726 feet to a point; thence run N 74e34' 18" W a distance of
161.634 feet to a point; thence run Due West a distance of 5.544 feet to a point on the water face
of a concrete bulkhead; thence run Due South along the water face of said bulkhead a distance of
10.00 feet to the Point of Beginning. The 10.00-foot Water Main Easement described contains
6051 square feet or 0.139 acres more or less.
The above described land lies within the NW '/. of Section 33, Township 53 South, Range 42
East, Miami -Dade County, Florida.
Md
Ff me
Date: 5,10 NIB
Attachment A
Page 7 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(3486-13)
,IN it,1I F,' � �'' ruj
i} ijNi el3'ti I Li ,. n.ys %l..6 `,` € jear+ _+.
it I
;i+ ill+�i {gill ; Ili
Ilgfl: ,iI!tlil+' r°• i�• '-"�>�Y tii
Jul.
aMiliCal h I Sal l l' 1=
], el n ... Yj li � ♦
I • II J ! 11 --
] i �• y.F � I�'' xo
' o i 'sty ' .��.` , "•3,1:f !{, 7.ii : ;
�` ;' % • sl :3'o- flit,:l! +: �:I
e3h Y�it
Attachment A
Page 8 of g Pages
Sovereignty Submerged Lands Easement No. 26674(3486-13)
RESOLUTION NO. 2026-34166
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A SOVEREIGNTY SUBMERGED LANDS
EASEMENT RENEWAL, BY AND BETWEEN THE CITY (GRANTEE) AND THE
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA (GRANTOR), FOR A TERM OF FIFTY (50)
YEARS, COMMENCING RETROACTIVELY ON FEBRUARY 7, 2016 AND
EXPIRING ON FEBRUARY 6, 2066, FOR THE USE OF A TEN (10) FOOT
EASEMENT AREA CONTAINING 6,051 SQUARE FEET, MORE OR LESS,
LOCATED IN A PORTION OF THE SUBMERGED LANDS SOUTH OF THE
VENETIAN CAUSEWAY, LYING WITHIN THE NW 114 OF SECTION 33,
TOWNSHIP 53 SOUTH, RANGE 42 EAST, BETWEEN DI LIDO ISLAND ON
THE WEST, IN ACCORDANCE WITH THE PLAT OF DI LIDO, RECORDED IN
PLAT BOOK 8, AT PAGE 36, AND RIVO ALTO ISLAND ON THE EAST, IN
ACCORDANCE WITH THE PLAT OF RIVO ALTO, RECORDED IN PLAT BOOK
7, PAGE 74, BOTH PLATS BEING RECORDED IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
THE EASEMENT ATTACHED TO THE CITY COMMISSION MEMORANDUM
ACCOMPANYING THIS RESOLUTION, FOR THE CITY TO OPERATE AN
EXISTING WATER MAIN CROSSING.
WHEREAS, pursuant to an existing Sovereignty Submerged Land Easement (the
"Easement") the City is using a ten (10) foot easement area containing 6,051 square feet, more
or less (the "Easement Area',) located in a portion of the submerged lands south of the Venetian
Causeway, lying within the NW 114 of Section 33, Township 53 South, Range 42 East, between
Di Lido Island on the West, in accordance with the Plat of Di Lido, recorded in Plat Book 8, at
Page 36, and Rivo Alto Island on the East, in accordance with the Plat of Rivo Alto, recorded in
Plat Book 7, Page 74, both Plats being recorded in the Public Records of Miami -Dade County,
Florida; and
WHEREAS, the Easement Area is currently being used for the operation of an existing
water main crossing, located at the Venetian Causeway, between Rivo Alto and Di Lido Islands
in Biscayne Bay, and
WHEREAS, the original Easement expired on February 6, 2016 and should have been
processed for formal renewal at that time; however, due to staff transitions, the renewal was not
completed: and
WHEREAS, the matter has since been identified by the Florida Department of
Environmental Protection (FDEP), which has requested the renewal of the Easement in order
to ensure compliance with State requirements, and
WHEREAS, in the event that the City no longer needs to utilize the Easement Area for the
operation of its water main crossing, the City may request a cancellation of the Easement, which
would be approved by FDEP administratively; and
WHEREAS, the City Manager recommends that the Mayor and City Commission approve
and authorize the Mayor and City Clerk to execute the Sovereignty Submerged Lands Easement
Renewal, between the City (Grantee) and the Board of Trustees of the Internal Improvement Trust
OR BK 35323 PG 4105
LAST PAGE
Fund of the State of Florida (Grantor), in the form attached to the City Commission Memorandum
accompanying this Resolution, for a period of fifty (50) years, commencing retroactively as of
February 7, 2016 and expiring on February 6, 2066.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and CityCommission
hereby approve and authorize the Mayor and City Clerk to execute a Sovereignty Submerged
Lands Easement Renewal, by and between the City (Grantee) and the Board of Trustees of The
Internal Improvement Trust Fund of the State of Florida (Grantor), for a term of fdty, (50) years,
commencing retroactively on February 7, 2016 and expiring on February 6, 2066, for the use of
a ten (10) foot Easement Area containing 6,051 square feet, more or less, located in a portion of
the submerged lands south of the Venetian Causeway, lying within the NW 114 of Section 33.
Township 53 South, Range 42 East, between Di Lido Island on the west, in accordance with the
Plat of Di Lido, recorded in Plat Book 8, at Page 36, and Rivo Alto Island on the east, in
accordance with the Plat of Rivo Alto, recorded in Plat Book 7, Page 74, both Plats being recorded
in the Public Records of Miami -Dade County, Florida, as more particularly described in the
Easement attached to the City Commission Memorandum accompanying this Resolution, for the
City to operate an existing water main crossing. //��..,,.. /
PASSED and ADOPTED this l8 day of IWCK 2026.
ATTEST:
�/� A
/ 8/ Ma 2 0 2026 Steven Manner, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM &LANGUAGE
& FOR EXECUTION