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Resolution 78-15731 RESOLUTION NO. 78-15731 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 37TH 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 37th 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 ease- ment 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 4th day of October , 1978 . 011/444 • 4100,46. or Attest: 0 ?-4 City Clerk OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 TEMPORARY BEACH NOURISHMENT EASEMENT THIS INDENTURE, made this 4th day of October , 1978, by and between 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 and the mutual benefits derived therefrom and the further sum of One Dollar ($1. 00) 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 provisions hereinafter set forth, a temporary and assignable easement and right- of-way in, on, over and across the land described in Schedule A as identified thereon, being attached hereto and made a part hereof, and as reflected by the sketches showing the same, said sketches being identified as Schedule B, being attached hereto and made a part hereof, 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 said lands lying and being within Dade County, Florida, as more particularly described in said Schedule A, attached hereto and made a part hereof as though set forth in haec verba. M1 And for the further purpose of depositing excavated sand materials on said land, the right to excavate ditches and construct dikes, mounds and control works to provide for drainage of the easement areas at all times and prevent creation of a flooding condition to adjacent areas in connection with the construction and operation of said project: OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 Also, the right to excavate ditches and construct dikes, mounds and control works to provide for drainage of the easement 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 theuse of said tract for the deposit of excavated sand material; reserving, however, to the GRANTOR, its heirs, and assigns, all such rights and privileges as it may have without inter- fering 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. IN 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, Attest: Mayor r ! if ! �, /,,, (S E A L) City Clerk STATE OF FLORIDA ) SS COUNTY OF DADE ) BEFORE 1E, the undersigned authority, this date, personally appeared LEONARD HABER, Ph.D. , and ELAINE MATTHEWS, the Mayor and City Clerk of the City 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, ate��Miami Beach, Dade County, Florida, this8' - day of `f , 1978 . No ry Public State of Florida at Large My commission expires: • NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION[XFIPES LEFT. 7 1979 BONDED BY AMERICAN BANKERS INS i Co This Instrument Prepared by: Joseph A. Wanick, City Attorney City of Miami Beach "' 1700 Convention Center Drive Miami Beach, Florida 33139 -2- OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 SCHEDULE A ACCESS EASEMENT PARCEL A - Being the Municipal Parking Area, 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 22 Amended Plat of First Ocean Front Subdivision as recorded in Plat Book 9 Page 78 of the Public Records of Dade County, Florida, bounded on the west by a line having an elevation of +9.0 feet of 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 26 Amended Plat of First Ocean Front Subdivision as recorded in Plat Book 9 Page 78 of the Public Records of Dade County, Florida. PARCEL B - Being the Municipal Parking Area and Public Beach, 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 .6 Amended Plat of Indian Beach Corporation's Subdivision, as recorded in Plat Book 8 Page 61 of the Public Records of Dade County, Florida, bounded on the west 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 13 Amended Plat of Indian Beach Corporation's Subdivision, as recorded in Plat Book 8 Page 61 of the Public Records of Dade County, Florida. PARCEL C - Being the easterly end of 43rd 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 Lot 1 Block 37 of Amended Miami Beach Improvement Company's Ocean Front Property Plat Book 5 Page 7 & 8 of the Public Records of Dade County, Florida, bounded on the west by the established blukhead line or existing bulkhead or by a line having an elevation of +9.0 feet, , S.L. Datum or the easterly most line thereof and bounded on the north by the south property line of Lot 5 Block 39 of Miami Beach Improvement Company's Ocean Front Property. Plat Book 5 Page 7 & 8 of the Public Records of Dade County, Florida. PARCEL D - Being the easterly end of 42nd 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 Lot 4 Block 35 of Amended Miami Beach Improvement Company's Ocean Front Property, Plat Book 5 Page 7 & 8 of the Public Recorda 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 most line thereof and bounded on the north by the south property line of Lot 4 Block 37 of Amended Miami Beach Improvement Company's Ocean Front Property, Plat Book 5 Page 7 & 8 of the Public Records of Dade County. Florida. PARCEL E - Being the easterly end of Arthur Godfrey Road 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 Lot 4 Block 33 of Amended Miami Beach Improvement Company's Ocean Front Property, Plat Book 5 Page 7 & ,8 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 most line thereof and bounded on the north by the south property line of Lot 1 Block 35 of Amended Miami Beach Improvement Company's Ocean Front Property Plat Book 5 Page 7 & 8 of the Public Records of Dade County, Florida. 12 PACE 1 of 2 Schedule A Access Easement September 11, 1978 PARCEL F - Being the easterly end of 40th 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 Lot 4 Block 31 of Amended Miami Beach Improvement Company's Ocean Front Property, Plat Book 5 Page 7 & 8 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 most line thereof and bounded on the north by the south property line of Lot 1 Block 33 of Amended Miami Beach Improvement Company's Ocean Front Property, Plat Book 5 Page 7 & 8 of the Public Records of Dade County, Florida. PARCEL G - Being the easterly end.of 39th 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.Lot 4 Block 29 of Amended Miami Beach Improvement Company's Ocean Front Property, Plat Book 5 Page 7 & 8 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 most line thereof and bounded on the north by the south property line of Lot 1 Block 31 of Amended Miami Beach Improvement Company's Ocean Front Property, Plat Book 5 Page 7 & 8 of the Public Records of Dade County, Florida. PARCEL H - Being the easterly end of 38th 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 Lot 4 Block 27 of Amended Miami Beach Improvement Company's Ocean Front Property, as recorded in Plat Book 5 Page 7 & 8 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 most line thereof, and bounded on the north by the south property line of Lot 1 Block 29 of Amended Miami Beach Improvement Company's Ocean Front Property as recorded in Plat Book 5 Page 7 & 8 of the Public Records of Dade County, Florida. PARCEL I - Being the easterly end of 37th 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 Lot 4 Block 25 of Amended Miami Beach Improvement Company's Ocean Front Property as recorded in Plat Book 5 Page 7 & 8 of the Public Records of Dade County, Florida, bounded on the west by the estab- lished bulkhead line or existing bulkhead or by a line having an elevation of +9.0 feet, S.L. Datum or the easterly most line thereof and bounded on the north by the youth property line of Lot 1 Block 27 of Amended Miami Beach Improvement Company's Ocean Front Property as recorded in Plat Book 5 Page 7 & 8 of the Public Records of Dade County, Florida. Page 2 of 2 13 S SZQQaHDS Syb/ =4.9yr PT .DOE=,,/ . 477 YrVe; ,. iF?Vic H.1 C 0-1 ../77zdiq ezv7 . N-7171Fq . /A/17/fr/ .10 A..1/7"------ ,.1/7.__-._-- , i ► ' /VVM3sfY -cy22e71 37/XCY117c 4/0. /127Wc -.. _ .L . 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O'Brien City Manager c(- (‘) {6 SUBJECT: Resolution Granting Access Easement for Constructing the Third Phase of the Beach Restoration Project from 63rd to 37th Streets, MP-54 The Corps of Army Engineers has requested Metropolitan Dade County to obtain access easements for the construction of the Third Phase of the Beach Nourishment Project from 63rd to 37th Streets. The City of Miami Beach will have to grant easements for City-owned property and streetends. Attached is a sketch showing the required access easements to be provided by the City, Parcels A through I. RECOMMENDATION The Administration recommends adoption of a resolution granting the access easements. GWO/FA/jrs , Attachments cc: Mr. Joseph A. Wanick -C :' '" C- NI _-; i:. -L^ C. W e 19 AGENDA /� I TEM C " LI-#4 -1 DATE /6 4 ile7 ORIGINAL RESOLUTION NO. 78-15731 (Approving/granting a temporary Beach Nourishment Easement to the U. S.A. ,for placing of fill for Beach Nourishment Project in designated areas from 63rd St. to 37th St. , CMB, and authorizing execution of said easement)