Resolution 81-16549 RESOLUTION NO. 81-16549
A RESOLUTION APPROVING AND GRANTING A TEMPORARY BEACH
NOURISHMENT EASEMENT TO THE UNITED STATES OF AMERICA,
FOR FIFTH PHASE OF THE BEACH NOURISHMENT PROJECT FOR
PLACING OF FILL IN DESIGNATED AREAS FROM SOUTH (500')
FIVE HUNDRED FEET OF NORTH BOUNDARY OF LUMMUS PARK IN
THE CITY OF MIAMI BEACH TO GOVERNMENT CUT 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 nourishment in designated areas of. the City of
Miami Beach from south (500') five hundred feet of north boundary of
Lummus Park to Government Cut; 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 temporary 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 Nourishment 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 Works Director for transmittal to the said
Grantee.
PASSED AND ADOPTED this 4th day of February 1981.
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Attest:
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City Clerk
FORM APPROVED
LEGAL DEPT.
1
By i.),4-6-te-cae eavit,44-
Date 1:2 r
SCHEDULE A
ACCESS EASEMENT
PARCEL U - Being the easterly end of "Lummus Park", 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 116 of
Ocean Beach Addition No. 4 as recorded in Plat Book 3, page 151 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 eleva-
tion of +9.0 feet U.S.C.E. Ocean Datum or the easterly most line and
bounded on the north by a line 500' south of the south property line
of Lot 4, Block 77 "Harrison & Hayes Subdivision" as recorded in Plat
Book 9, page 73 of the Public Records of Dade County Florida.
PARCEL V - Being the easterly end of 4th Street 50' 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 115 of
Ocean Beach Addition No. 4 as recorded in Plat Book 3, page 151 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 eleva-
tion of +9.0 feet U.S.C.E. Ocean Datum or the easterly most line and
bounded on the northby the south property line of Lot 9, Block 116 of
Ocean Beach Addition No. 4 as recorded in Plat Book 3, page 151 of the
Public Records of Dade County Florida.
PARCEL W - Being the easterly end of "City Park" 510' 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 113 of
Ocean Beach Addition No. 4 as recorded in Plat Book. 3, page 151 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 eleva-
tion of +9.0 feet U.S.C.E. Ocean Datum or the easterly most line and
bounded on the north by the south property line of Lot 8, Block 115 of
Ocean Beach Addition No. 4 as recorded in Plat Book 3, page 151 of the
Public Records of Dade County Florida.
PARCEL X - Being the easterly end of 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 "Lum Property" of South Beach Park
Subdivision es recorded in Plat Book 6, page 77 of the Public Records
of Dade County Florida, bounded in the west by the established bulkhead
line or existing bulkhead or by a line having an elevation of +9.0 feet
U.S.C.E. Ocean Datum or the easterly most line and bounded on the north
by the south property line of Lot 8, Block 113 of Ocean Beach Addition
No. 4 as recorded in Plat Book 3, page 151 of the Public Records of Dade
County Florida.
PARCEL Y - Being the easterly end of Government Reservation 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
Government Reservation as recorded in Plat Book 6, Page 77 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 U.S.C.E. Ocean Datum or the easterly most
line and bounded on the north by the south property line of Lot 1,
Block 1 of South Beach Park Subdivision as recorded in Plat Book 6,
Page 77 of the Public Records of Dade County Florida.
ti <
TEMPORARY BEACH NOURISHMENT EASEMENT TO THE UNITED STATES OF AMERICA,
FOR FIFTH PHASE OF THE BEACH NOURISHMENT PROJECT FOR PLACING OF FILL
IN DESIGNATED AREAS FROM SOUTH (500') FIVE HUNDRED FEET NORTH BOUNDARY
OF LUMMUS PARK TO GOVERNMENT CUT IN THE CITY OF MIAMI BEACH
THIS INDENTURE, made this 4th day of February, 1981, 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",
WITNESSET H:
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.
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 connec-
tion 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 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
GRANTOR, 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.
IN WITNESS WHEREOF,OF, THE GRANTOR, CITY OF MIAMI BEACH, has cause 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,
or
Attest:
c\\
City Cle
•
STATE OF FLORIDA )
) SS
COUNTY OF DADE )
BEFORE ME, the undersigned authority, this date, personally
appeared MURRAY MEYERSON 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 71, at Miami Beach, Dade County,
Florida this /e(„t-.day of �,�. f x 195./
-,• XeLi
Not- ' Public
Sta e of Florida at Large
My commission expires: NO 1 AR'r PUBLIC STATE Of f LCA I DA AT L/kt,`,.)E
Mr LU,,\:,\ SsON ExPIKES sur 7 1983
BONL CU 1 tit(U uNDERW k 1 i tRS
This Instrument Prepared by:
John Ritter, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
FORM APPROVED
LEGAL DEPT.
By / e4/1.
/ -2 9
Date
Pr ORIGINAL149
RESOLUTION NO. 81-16549
0111111111111 ,
(Granting a temporary Beach Nourishment
Easement to the USA for 5th phase of the
Beach Nourishment Project placing of fill
in designated areas from south 500' of
north boundary of lummus Park in CMB to
Government Cut and authorizing execution
of said easement)
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