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2016-29279 Reso RESOLUTION NO. 2016-29279 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A 10 FOOT EASEMENT FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND FOR THE STATE FLORIDA, THE OWNER OF SUBMERGED LANDS LOCATED AT SECTION 11,TOWNSHIP 53 SOUTH, RANGE 42 EAST,WITHIN INDIAN CREEK, MIAMI-DADE COUNTY,WHICH EASEMENT WOULD AUTHORIZE THE CITY TO THE CONSTRUCT, INSTALL, MAINTAIN, REPAIR, AND REPLACE WATER MAINS BETWEEN ALLISON ISLAND AND INDIAN CREEK DRIVE THAT WOULD BE LOCATED WITHIN THE 10 FOOT EASEMENT AREA; AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE EASEMENT AGREEMENT ATTACHED HERETO AS EXHIBIT 1. WHEREAS,the City has a 16-inch diameter water main running beneath the water channel separating Allison Island and Indian Creek Drive; and WHEREAS, the existing water main has reached its life expectancy of 70 plus years, and needs to be replaced; and WHEREAS, the City has selected a horizontal directional drill method as the most practical method for installing new subaqueous mains; and WHEREAS, the alignment of the new subaqueous mains will fall outside the State right of way and into property owned by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (hereinafter"Board"); and WHEREAS, the Board has agreed to grant the City a 10 foot utility easement, consisting of approximately 2,630 square feet of submerged lands approximately located at Section 11,Township 53 South, Range 42 East,within Indian Creek, Miami-Dade County,for the construction, installation, maintenance, repair and replacement of the water main; and WHEREAS,the proposed utility easement agreement(including sketch and legal description of the Easement) is attached as Exhibit"A" hereto. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, accepting a 10 foot utility easement from the Board Of Trustees of the Internal Improvement Trust Fund for the State of Florida, the owner of submerged lands located at Section 11, Township 53 South, Range 42 East,within Indian Creek, Miami-Dade County, which easement would authorize the city to the construct, install, maintain, repair, and replace water mains between Allison Island and Indian Creek Drive that would be located within the easement area; and authorize the City Manager to execute the easement agreement attached hereto as Exhibit 1. PASSED AND ADOPTED this .r; A .f January, 2016. f • ��r ..i14111••� I s ATTEST: ?''�.... 0 • Ica '/� LINCORP 0- �: a. , A flip L-yin-;��� � or Rafa Granado, City Clerk N % :�< ` o' APPROVED AS TO 4'��;�C 6��r / FORM&LANGUAGE 2 &FO EXECUTION T:WGENDA\2016\January\Public Works\January 27\FDEP at Indian Creek Easement Reso.do j ( ") -3 City Attorney 4,07D Dote This Instrument Prepared By: M. Sue Jones Bureau of Public Land Administration 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 EASEMENT NO. 41850 BOT FILE NO. 130239136 PA NO. 13-0331861-001 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,hereinafter referred to as the Grantee,a nonexclusive easement on, under and across the sovereignty lands, if any,contained in the following legal description: A parcel of sovereignty submerged land in Section 11, Township 53 South,Range 42 East, in Indian Creek, Miami-Dade County,as is more particularly described and shown on Attachment A,dated July 15,2015. TO HAVE THE USE OF the hereinabove described premises for a period of 50 years from October 19,2015,the effective date of this easement. The terms and conditions on and for which this easement is granted are as follows: 1. USE OF PROPERTY: The above described parcel of land shall be used solely for and aerial and subaqueous (1-1DPE)water main and Grantee shall not engage in any activity related to this use except as described in the State of Florida Department of Environmental Protection Consolidated Environmental Resource Permit No. 13-0331861-001,dated October 19,2015, incorporated herein and made a part 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 amended rules 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. [45] 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 of the lands for any particular use. 4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior 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 Grantor,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: Grantor,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. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its expense,and shall indemnify,defend and save and hold harmless the Grantor and the State of Florida from all claims,actions,lawsuits and demands arising out of this easement, which do not arise out of or result from the negligent acts of omissions of Grantor. 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 to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein,this easement may be terminated by the Grantor upon 3.0 days written notice to Grantee. If terminated,all of the above-described parcel of land shall revert to the Grantor. All notices required to be given to 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 1700 Convention Center Drive Miami Beach, Florida 33139 The Grantee agrees to notify the Grantor by certified mail of any 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 are 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. Page 2 of 9 Pages Easement No.41850 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 Grantor,and the Grantor may authorize removal and may sell such forfeited structures and equipment after ten(10)days written notice by certified mail addressed to 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. 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 of any provision herein,shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach 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 must be accepted, acknowledged and executed by the Grantee and Grantor. 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 of construction 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,relocation/realignment 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 18-14,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,Grantee must have satisfactory evidence of sufficient upland interest as defined in subsection 18-21.003(60), Florida Administrative Code,to the extent required by paragraph 18-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. If at 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. Page 3 of 9 Pages Easement No.41850 • WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Cheryl C.McCall,Chief,Bureau of Public Land Administration, Division of State Lands,State of Florida Department of Environmental Protection,as agent for and on behalf of the Original Signature Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Name of Witness • "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of ,20 ,by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.She is personally known to me. • APP OVED AS SUBJECT TO PROPER EXECUTION: ç Notary Public,State of Florida DE' Attorney ate • • Printed.Typed or Stamped Name My Commission Expires: • Commission/Serial No. • Page 4 of 9 Pages Easement No.41850 • WITNESSES: . City of Miami Beach,Florida " (SEAL) ,.. BY Original Signature Original:Signature of Executing'Authority : _ Philip Levine" • Typed/Printed Name of Witness Typed/Printed Name of Executing Authority Mayor Original Signature Title of Executing Authority.J Typed/Printed Narne of Witness "GRANTEE" STATE O F COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 ,by Philip Levine as Mayor,for and on behalf of the City of Miami Beach,Florida. He is personally known to me.or who has produced as_identification My Commission Expires`. Notary Public,State of' • Commission/Serial No Printed,':Ty'ped or Stamped Name • _ -APPROVED AS TO FORM & LANGUAGE FOR EXECUTION Page 5 of 9 Pages �-- _ Easement No 4180 .City_Attorney Date SKETCH AND LEGAL DESCRIPTION FOR UTILITY EASEMENT ON SOVEREIGN LANDS OF THE STATE OF FLORIDA * \ 0111 • 10110iTiji , . 0 winC1101 0112 111V .1111 /II Irt Sri 101 111161.\0 1011 low 23:[IDPIIIikl sai I a 1030111 4 1 ti .60 it 11 .1,5%, I C l_ ) z 1 ,L, c., -.. R-6 „,„,„,, .0.—..., 0 A,A, WO'� U .41 Am. Itiril!fr WWI _, �: r• ,......-- , II r •=rilir 4„,tio,..vesoi, tit 11 PIE ) N. ilik •,,org *ift ‘°:ttP0161$Vto, Ak,4111/Mil 110 0,,i ta ' 1111) 0.00 00 t % S — O. - Ilk ( LOCATION MAP NOT TO SCALE SOURCES OF DATA: I.Plat of"AQUA AT ALLISON ISLAND',recorded in Plat Book 162,at Page 53 of the Puolic Records of Miami-Dade County,Fonda. 2.Plat of"AMENDED PLAT OF SECOND OCEAN FRONT SUBDIVISION",recorded in Plat Book 28,at Page 28 of the Publ.c Records of Miami-Dade County,Florida. Bearings as shown hereon are based upon the centerline of West 63rd Street with an assumed bearing of N80°23'28•E,said lase to be considered a well established and monumented line. EASEMENTS AND ENCUMBRANCES: No information was provided as to the existence of any easements other that what appears on the underlying Plat of record.Please refer tp the Limitations item with respect to possible restrictions of record and utility services. LIMITATIONS: Since no other information were furnished other than what is cited in the Sources of Data,the Client 1s hereby advised that there may be legal restrictions on the subject property that are not shown on the Sketch or contained with,n 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. SI;RVEYOR'S CERTIFICATE: I hereby certify:That this"Sketch to Accompany Legal Description"and the Survey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge arts belief and further,that soro'Sketch to Accompany Legal Description"meets the intent of the applicable provisions of the'Minimum Technical Standards for Land Surveying in she State of Florida',pursuant to Rule 5J-17.05 I through 5J-)7.052 of the Florida Administrative Code and its implementing law,Chapter 472.027 of the Plonda Statutes. LONGITUDE SURVEYORS U.C.,s Florida Limited Liability Company Florida Certificate of-5utnonzation Number LB7335 Attachment A BY: � Date: il r/>r /� Page 6 of 9 Pages Jse o 5.nas,PSM,for the Firm _ Easement No.41850 Regis• red Surveyor and Mapper 1.55938 5ta of Florida NO : Not voted without the signature and original raised seal of a Florida Licensed Surveyor and Mapper.Additions or deletions to Survey Maps by other than the slg ng party are prohibited without the written consent of the signing party. NOTICE:This document is not valid,full and complete without all pages. EXHIBIT"ldl�r y< L�NGITUDE S U R V E Y O R S, L L C 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305) 463-0912 • FAX: (305) 513-5680 • WWW.LONGITUDESURVEYORS.COM -\i i75,S E3ra St•ec..yf_m tic°ut,rL\erg\Sketcn and u`9,•\1e'79 S.1511.BM'OE-OB-'S.°ns 7/I5/2rrlb 5:23.36 au EDT JOB No.14179 PAGE 4 OF 4 SKETCH AND LEGAL DESCRIPTION FOR UTILITY EASEMENT ON SOVEREIGN LANDS OF THE STATE OF FLORIDA LEGAL DESCRIPTION: INDIAN CREEK WEST CHANNEL: An aerial easement along the northerly side of the West 63rd Street bridge over Indian Creek(West Channel), within the airspace with the bottom plane above elevation 4.98 feet at the Westerly approach of said bridge to and above elevation of 5.83 feet at the center of the bridge, and to an above elevation of 4.94 feet at the Easterly approach of said bridge; and the top plane of said vertical airspace being 10.00 feet above the mentioned elevations for the bottom plane, (said elevations being related to the National Geodetic Vertical Datum of 1 929) and which is contained within the following horizontal limits: A portion of West 63rd Street bridge over Indian Creek(West Channel) as shown on a certain Florida Department of Transportation Right of Way Map of State Road No. 907, Section 87037-2507, last dated on March 2. 1 990, in Section I I , Township 53 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida and being more particularly described as follows: COMMENCE at the Southeasterly Corner of Lot 6, Block I of"BEACH VIEW ADDITION", according to the plat thereof, as recorded in Mat Book 16, at Page 10, of the Public Records of Miami-Dade County, Florida; thence S15°22'12"E along the Southeasterly prolongation of the Northeasterly Boundary Line of said Lot 6, in Block I , for I I .38 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence N80°2 1'53"E along a line parallel with and I .30 feet Northerly of the Northwesterly Right of Way Line of West 63rd Street, as shown on said Florida Department of Transportation Right of Way Map of State Road No. 907, Section 87037-2507, for 262.97 feet; thence 509°38'07"E for 1 0.00 feet; thence 580°2 I'53"W for 262.97 feet; thence N09°38'07"W for 10.00 feet to the Point of Beginning. Containing 2,G30 Square Feet, more or less, by calculations. LEGAL DESCRIPTION: INDIAN CREEK EAST ChANNEL: That part of the sovereign lands of the State of Florida that lie within a portion of the Indian Creek East Channel at the West 63rd Street bridge, in Section I I , Township 53 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida and being more particularly described as follows: COMMENCE at the most NE Corner of Tract "I" of "AQUA AT ALLISON ISLAND", according to the Plat thereof, as recorded in Plat Book 162, at Page 53, of the Public Records of Miami-Dade County, Florida, thence 509°36'32"E along the Northeasterly Boundary Line of said Tract "I", said line also being the exterior face of an existing concrete seawall and the Mean high Water Line, for 6.72 feet to the POINT OF BEGINNING of the parcel of land hereinafter described, said point also being on a circular curve, concave to the Northwest and bearing S07°49'32"E from the center of said curve; thence Northeasterly along the arc of said curve, having for elements a radius of 995.00 feet, a central angle of 01°46'59" for an arc distance of 30.97 feet to a Point of Tangency; thence N80°23'28"E for 1 95.62 feet to a Point of Curvature of a circular curve, concave to the Northwest; thence Northeasterly along the arc of said curve, having for its elements a radius of 700.0 I feet, a central angle of 06°04'2 I for an arc distance of 74. 19 feet to a point on the exterior face of an existing concrete seawall, said point also being the Mean high Water Line; thence 500°28'20"W along said exterior face of the existing concrete seawall and the Mean high Water Line, for 1 0.40 feet to a point on a circular curve, concave to the Northwest (said point bears S 15°26'52"E from the center of said curve); thence Southwesterly along the arc of said curve, having for its elements a radius of 710.01 feet, a central angle of 05°50'2 l" for an arc distance of 72.36 feet to a Point of Tangency; thence 580°23'28"W for 195.G1 feet to a Point of Curvature of a circular curve, concave to the Northwest; thence Southwesterly along the arc of said curve, having for its elements a radius of 1005.00 feet, a central angle of 01°45'55" for an arc distance of 30.97 feet to a point on the Northeasterly Boundary Line of Tract "I" of said Plat of of"AQUA AT ALLISON ISLAND", said point also being on the exterior face of an existing concrete seawall and the Mean high Water Line; thence N09°36'32"W along the Northeasterly Boundary Line of said Tract "I" and also being the exterior face of an existing seawall and the Mean high Water Line, for 1 0.00 feet to the Point of Beginning. Containing 2,981 Square Feet, more or less, by calculations. NOTICE:This document is not valid,full and complete without all pages. EXHIBIT 1,A.. LONGITUDE SURVEYORS, LLC 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305) 463-0912 • FAX: (305) 513-5680 • WWW.LONGITUDESURVEYORS.COM L;\,4'79 W 63rd Scree:.M1omf Seccn.FL\awg\Ske:cn and Legois\14179 SL=DEF ESMT 06-09-15.dwg 11/'0/2015 1':33S2 AM SST JOB No.14179 PAGE 3 OF 4 SKETCH AND LEGAL DESCRIPTION FOR 1 UTILITY EASEMENT ON SOVEREIGN LANDS OF THE STATE OF FLORIDA 0 LEGEND: P.O.C.=POINT OF COMMENCEMENT P.O.B.=POINT OF BEGINNING P.B.=PLAT BOOK 0 25 50 PG.=PAGE i 1 SEC.=SECTION I PC=POINT OF CURVATURE PT=POINT OF TANGENCY SCALE PNT=POINT OF NON TANGENCY „ = 5O, R=RADIUS CURVE p L=ARC LENGHT TAN=TANGENT ` O- r D=CENTRAL ANGLE Z \ Ln W� �o �� CA' 72A 1. ^ EEC \ �Z• Om O r t 0,c4,27,c 0 co; \ c„ri ,7, -t INDIAN A N-NE I..) \ c2.13P1--( ,-..;"scn '17-0 NYES1 G" z -0 02 as Z z 6'p FEAT NOR(t1E OFOF ➢ m N O G d -A�° 1 30 LINE O - �� o 4, EL WITH AND R1GnT OF WAY O x -< • k_1NE Ft4gPI"StiNNWt5Ten.Y FL°RCA D6NKT OFNT G �" O w Z �Z r 1 -a G 1 THE NOR k5?eK WAY M Z-a * cp rrt C`�' �' ?� ZT 63rd 5T RTA ION WGrT Of WAY o ` 5 6 o x o pn` `�, OFT ROB NO g07,1ED 10 Mp H 2. 199 ;l r" ri+ G) J 73 5. o w g1ATE 1J�T DA ON `+ �� Z �G Cl _ '+ o 262 9���- A.' �_ _ - Z N80e2153'ti i�/ � -" -'s - "-r r Tit \. ,- j 262.9`1' - . ;, -----" _ �r - ._, t %, 1 ,58x21'53 n~ -;;_._._---j _ CSC 1` _ fly` __-_6--,,i _ _- - ^� {- - - _, ,_. ,.u., \ NivEs __:4.._........---,---3.2-6:e.-;- .-----._:::.---.— :_. �vp ' _ _ 7 ^..:ems ..__• - __ _-- _ ' r te"-'� - • ' Is — 1 N N 2. r St G R ° q%14L. \ ` N ® 1AN ANN EL) w 0 1C � (\jJES GM a.,.4.. \ /Z? \ '� "P„%To + 1' I i 0 1 �1 Attachment A. ' Page 8 of 9 Pages NOTICE:This document is not veld,full and complete without all pages. Easement No 41850 EXHIBIT"A" LONGITUDE SURVEYORS, LLC 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305)463-0912 • FAX: (305)513-5680 * WWW.LONGITUDESURVEYORS.COM ::\14179 W Ord Street.Worn1 Bear,r,,\d.p\5„e,cn ono Lepele\14179 5.MEP ESMT 06-D8-15.drg 7/1S/2015 k23:30 PM Mr JOB No.14179 PAGE 1 OF 4 SKETCH AND LEGAL DESCRIPTION FOR UTILITY EASEMENT ON SOVEREIGN LANDS OF THE STATE OF FLORIDA , __ = LEGEND: P.O.C.=POINT OF COMMENCEMENT 1 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,Accepting A Utility Easement From The Board Of Trustees Of The Internal Improvement Trust Fund Of The State Of Florida, Owner Of The Sovereignty Submerged Lands Located In Section 11,Township 53 South, Range 42 East, In Indian Creek, Miami Dade County, For The Construction, Installation, Maintenance, Repair, And Replacement Of Water Mains; And Further Authorizing The Administration And City Attorney's Office To Finalize A Grant Of Easement Agreement. Key Intended Outcome Supported: Ensure Well Maintained Infrastructure Item Summary/Recommendation: The City has a 16-inch diameter water main running beneath the water channel separating Allison Island and Indian Creek Drive. The existing subaqueous water pipes have reached their life expectancy of 70 plus years, and therefore need to be replaced. The City has selected a horizontal directional drill method as the most practical method for installing new subaqueous mains. The alignment of the new subaqueous main will fall outside the State right of way and into property owned by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. The Board has agreed to grant the City a ten(10)foot easement, containing approximately 2,630 square feet, to be approximately located in Section 11, Township 53 South, Range 42 East, in Indian Creek, Miami-Dade County,for the construction, installation, maintenance, repair and replacement of the water main (as described as a portion of Tract"I"of"AQUA AT ALLISON ISLAND", according to the Plat thereof, as recorded in Plat Book 162, at Page 53, of the Public Records at Dade County, Florida). THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Approved Funds: 1 2 3 4 _ °BPI Total --. Financial Impact Summary: City Clerk's Office Legislative Tracking: Eric Carpenter, Public Works X6012 Sign-Offs: Department Assistant City Manager City nager JJ• ETC JL 014 T:\AGENDA\2016\January\Public Works\January 27\FDEP at Indian Creek Easement Sum.doc M1AiV\IBEACH AG ENDA ITE�iIf DATE 1-2,7-Ito MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member;. of the C'.'y Commission FROM: Jimmy L. Morales, City Manager DATE: January 27, 2016 SUBJECT: A RESOLUTION OF THE MAYO\ AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA,OWNER OF THE SOVEREIGNITY SUBMERGED LANDS LOCATED IN SECTION 11,TOWNSHIP 53 SOUTH, RANGE 42 EAST, IN INDIAN CREEK, MIAMI DADE COUNTY, FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF WATER MAINS; AND FURTHER AUTHORIZING THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE TO FINALIZE A GRANT OF EASEMENT AGREEMENT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City has a 16-inch diameter water main running beneath the water channel separating Allison Island and Indian Creek Drive. The existing subaqueous water pipes have reached their life expectancy of 70 plus years, and therefore need to be replaced. The City has selected a horizontal directional drill method as the most practical method for installing new subaqueous mains. The alignment of the new subaqueous main will fall outside the State right of way and into property owned by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.The Board has agreed to grant the City a ten(10)foot easement, containing approximately 2,630 square feet,to be approximately located in Section 11, Township 53 South, Range 42 East, in Indian Creek, Miami-Dade County,for the construction, installation, maintenance,repair and replacement of the water main(as described as a portion of Tract"I"of"AQUA AT ALLISON ISLAND",according to the Plat thereof, as recorded in Plat Book 162, at Page 53, of the Public Records at Dade County, Florida). CONCLUSION The Administration recommends approving the Resolution. Attachment: New Grant of Easement; Sketch and Legal Description of the Proposed Easement and Location Map. /0— JLM/ET f ' A M/JR T:\AGENDA\2016\January\Public Works\January 27\FDEP at Indian Creek Easement Memo.doc