Resolution 78-15553 RESOLUTION NO. 78-15553
A RESOLUTION APPROVING AND GRANTING A TEMPORARY
BEACH NOURISHMENT EASEMENT TO THE UNITED STATES
OF AMERICA, FOR PLACING OF FILL FOR BEACH NOURISH-
MENT PROJECT IN DESIGNATED AREAS FROM 63RD STREET
TO 79TH STREET IN THE CITY OF MIAMI BEACH, AND
AUTHORIZING EXECUTION OF SAID EASEMENT.
WHEREAS, the United States of America, represented by
the District Engineer of the United States Department of the Army,
Corps of Engineers, Jacksonville District, Jacksonville, Florida,
has requested that the City of Miami Beach grant. a temporary beach
nourishment easement for placing fill suitable for beach nourish-
ment in designated areas of the City of Miami Beach from 63rd
Street to 79th Street; and
WHEREAS, the execution and delivery of said temporary
easement is a necessary and integral part of said project and the
participation of the Federal Government therein; and
WHEREAS, an appropriate instrument granting said tem-
porary easement over and upon certain land described in said
easement has been prepared and approved as to form by the City
Attorney, a copy of which is attached hereto and made a part
• hereof; and
WHEREAS, the City Commission, being fully advised in the
premises, finds it to be in the best interests of the City and its
residents that said temporary easement be granted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Temporary Beach Nourish-
ment Easement from the City of Miami Beach to the United States of
America be and the same is hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and directed to execute
said temporary easement for and on behalf of the City of Miami
Beach, Florida, and to forward such executed instrument to the
Public Utilities Director for transmittal to the said Grantee.
PASSED and ADOPTED this 15th day of February , 1978 ,
11/
Mayor
Attest:
City -Clerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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TEMPORARY BEACH NOURISHMENT EASEMENT
THIS INDENTURE, made this 15th day of February
1978, by , andbetween the CITY OF MIAMI BEACH, a Florida municipal
, corporation, hereinafter referred to as "GRANTOR" , and the UNITED
STATES OF AMERICA, hereinafter referred to as "GRANTEE" ,
WITNESSETH :
WHEREAS, the .GRANTOR represents that it has an .interest
in the real property hereinafter described and is desirous to
grant to the GRANTEE a temporary and assignable easement for the
purpose of nourishing the beach with sand fill over and across
such property to the extent as its interest may appear for the
purposes and during the period hereinafter set forth;
NOW, THEREFORE, for and in consideration of the premises
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and the mutual benefits derived therefrom and the further sum of
One. Dollar ($1000) paid by the aforesaid GRANTEE to the GRANTOR, •
receipt of which is hereby acknowledged by the GRANTOR; the GRANTOR ,
has remised, released and granted and by these presents does
hereby remise, release and grant unto the GRANTEE, subject to the
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' provisions hereinafter set forth, a temporary and assignable ease-.
ment and right-of-way in, on, over and across the land described
hereafter as GRANTOR' S interest may appear, for a period not to
exceed thirty-six (36) months from date hereof, to construct, '
operate, maintain, repair, replace and remove pipelines used in
connection'with the transmission of dredge materials to or across
lands lying and being within. Dade County, Florida, and more parti-'
cularly described in Schedule A, attached hereto and made a part
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hereof as though set forth. in haec verba.'
And for the further purpose of depositing excavated sand
materials on said land, the right to excavate ditches and con-
struct dikes, mounds and control works to provide for drainage .of
the easement areas at all times and prevent creation of a flooding
condition to ,ad'jacent areas in connection with the construction
and operation of said project.
Also, the right to excavate ditches and construct dikes,
mounds and 'control works to provide for drainage of the easement
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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areas at all times and prevent creation of a flooding condition
to adjacent areas; including the right to alter the grade of said
land from time to time, and for such other purposes as may be
required in connection with the use of said tract for the deposit
of excavated sand material; reserving, however, to the GRANTORS,
its heirs, and assigns, all such rights and privileges as it may •
have without interfering with or abridging the rights and easement
hereby acquired.
To have and to hold the aforesaid right and easement
unto the GRANTEE, the UNITED STATES OF AMERICA, and its assigns,.
for the purposes aforesaid.
IT WITNESS WHEREOF, the. GRANTOR, CITY OF MIAMI BEACH,
has caused this instrument to be executed by its Mayor, and its
corporate seal to be affixed, and attested by its City Clerk, the
day and year first above written.
CITY OF MIAMI BEACH, a
Florida municipal corporation,
��11
Mayor
Attest:
- '; s,' c ``' /` (s E A L) •
City Clerk
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
BEFORE ME, the undersigned authority, this date, personally
appeared LEONARDHABER, Ph.D. and ELAINE MATTHEWS, the Mayor and City
Clerk of the Ca.ty of Miami Beach, respectively, who executed the
foregoing instrument and acknowledged to and before me that they
executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal, at Miami Beach, Dade
County, Florida, this day of , 1978 .
Nota Public
State of Florida At Large
My Commission expires:
N COMMISSIONEXPIRESSEP1 . 7 1979
BONDED BY AMERICAN DANKER5 INS,Co
This Instrument Prepared by:
Joseph A. Wanick, City Attorney 1 .
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139 - 2 -
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEAM FLORIDA 33139 ,:l
SCHEDULE A
PARCEL A An area bounded on the east.,by the mean high water
line of the Atlantic Ocean, bounded on the south by the south
property line of Lot 30, Block 1 of Amended Plat Second Ocean
Front Subdivision as recorded in Plat Book 28, Page 28, of the
Public Records of Dade County, Florida, bounded on the west by
the established bulkhead line or existing bulkhead or by a line
having an elevation of +9.0 feet, S. L. Datum, or theeasterly
vegetation line, whichever being .the easterly most line, and
bounded on the north by the north property line of the south
25 ' of Lot 35, Block 1, Amended Plat Second Ocean Front Sub-
division as recorded in Plat Book 28, Page 28, of the Public
Records of Dade County, Florida.
PARCEL B - Being the easterly end of 69th Street, 21 feet wide,
Man area bounded on the east by the mean high water line .of the
Atlantic Ocean, bounded on the south by the north property line
of Lot 1, Block B, of the Corrected Plat of Atlantic Heights
Plat Book 9, Page 14, of the Public Records of Dade County,
Florida, bounded on the west by the established bulkhead line
or existing bulkhead or by a line having an elevation of +9.0
feet, S. L. Datum or the easterly vegetation line, whichever
• being the easterly most line and bounded on the north by the
south property line of Lot 6, Block A, of Corrected Plat of ,
Atlantic Heights Plat Book 9, Page 14, of the Public Records
of Dade County, Florida.
PARCEL C - Being the easterly end of 71st Street,. 50 feet wide,
an area bounded on the east by the mean high water line of the
Atlantic Ocean bounded on the south by the north property line
of Lots 1 and 2, Block 10, of Normandy Beach South Plat Book 21,
Page 54,. of the Public Records of Dade County, Florida, bounded
on the west by the established bulkhead line or existing bulkhead
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or by a line having an elevation of +9.0 feet, S. L. Datum, or
the easterly vegetation line, whichever being the easterly most
line and bounded on the north by the south property line of
Lot 6, Block 9, of Normandy Beach South Plat Book 21, Page 54,
of the Public Records of Dade County., Florida.
PARCEL D - City of Miami Beach, Public Beach, south property
' line of 72nd Street to the north property line of 75th Street,
an area bounded on the east by the mean high waterline of the
Atlantic Ocean bounded on the south by the north property line
of Lot 1, Block 9, of Normandy Beach South, Plat Book 21, Page
54, of the Public Records of Dade County, Florida, bounded on
the west by the established bulkhead line or existing bulkhead
or by a line having an elevation of +9.0 feet, S. L. Datum, or
the easterly vegetation line, whichever being- the easterly most
line and bounded on the north by the south property line of
Lot 3, Block 8, of Corrected Plat of Altos Del Mar No. 1, Plat
Book 31, Page 40, of the Public Recorda of Dade County, Florida.
PARCEL E An area bounded on the east by the mean high water
line of the Atlantic Ocean bounded on the south by the south
, property line of Lot 2, Block 8, Corrected Plat of Altos Del
Mar No. 1, Plat Book 31, Page 40, of the Public Records of Dade
County, 'Florida, bounded on the west by the established bulkhead
line or existing bulkhead or by a line having an elevation of
+9.0 feet, S. L. Datum, or the easterly vegetation, line, which-
ever being the easterly,most line and`bounded on. the .north by
the south property line of Lot 6, Block 7, Corrected Plat , of
Altos Del Mar No. 1, Plat Book 31, Page 40, of the Public Records
of Dade County, Florida.
PARCEL F - The easterly end of 77th Street, an area bounded
on the east by the Mean high water line 'of the Atlantic Ocean •
bounded on the south by the north property line of Lot 1," '
Block 7, Corrected Plat of Altos Del Mar No, 1, Plat Book 31,
Page 40, of the Public. Records of Dade County, Florida, bounded
on the west by the established bulkhead line or existing bulk-
head or by a line having an elevation of +9.0 feet,. So L. Datum,
or the easterly vegetation line, whichever being the easterly
most line and bounded on the north by the south property line
of Lot 6, Block 6, Corrected. Plat .of Altos Del Mar No. 1, Plat
Book 31, Page 40, of the Public Records of Dade County, Florida,
PARCEL G The easterly end of 78th Street, an area bounded
on the east by the mean high water line of the Atlantic Ocean
bounded on the south by the north property line of Lot 1, '
Block 6, Corrected Plat of Altos Del Mar No. 1, Plat Book 31,
Page 40, of the Public Records of Dade County, Florida, -bounded
on the west by the established bulkhead line orexisting bulk-
head or by a line having an elevation of +9.0 feet, S. L. Datum,
or the easterly vegetation line, whichever being the easterly
most line and bounded on the north by the south property line
of Lot 6, Block 5, of Corrected Plat of Altos Del Mar No. 1,
Plat Book 31, Page 40, of the Public Records of Dade County,
• Florida..
PARCEL H - The easterly end of 79th Street, an area bounded on
the east by the mean high water line of the Atlantic Ocean
bounded on the south by the north property line of Lot 1, Block
5 , Corrected Plat of Altos Del Mar No, 1, Plat Book 31, Page 40,
of the Public Records of Dade County, . Florida, 'bounded on the
west by the established bulkhead line or existing bulkhead or
by a line having. an elevation of +9.0 feet, S. L. Datum, or 'the
easterly vegetation line, whichever being the easterly most line '
and bounded 'on the north by the south property line of Lot 6,
Block 4, Corrected Plat of Altos Del Mar No. 1, Plat Book 31,
Page 40, of the. Public Records of Dade County, Florida
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EET 3 OF -3 1
ORIGINAL
RESOLUTION NO. 78-15553
(Approving/granting a temporary Beach
Nourishment Easement to the USA,for plac-
ing fill for Beach Nourishment Project in
designated areas from 63rd to 79th Sts. ,
CMB,and authorizing exec. of said easement