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Resolution 81-16564 , • RESOLUTION NO. 81-16564 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REQUESTING THE STATE OF FLORIDA, DEPARTMENT OF NATURAL RE- SOURCES TO ISSUE PERMIT FOR THE CONSTRUCTION OF A 16" SUBAQUEOUS WATER MAIN BETWEEN HIBISCUS AND DILIDO ISLANDS, BISCAYNE BAY, MIAMI BEACH, MX-399. WHEREAS, a 16" subaqueous water main connecting the water system of Hibiscus and DiLido Islands with the Venetian Causeway supply main is needed to increase water pressure and comply with Metropolitan Dade ' s increased fire flow require- ments; and WHEREAS, the proposed 16" water main will serve as a second supply to DiLido and Hibiscus Islands and supply the islands during future bridge replacements; and WHEREAS, plans are being prepared for the construction of a proposed 16" subaqueous water main and funds were provided in the March 14 , 1978 , Bond Issue; and WHEREAS, it has been determined that prior to the construction of the 16" subaqueous water main, the City of Miami Beach must obtain an easement from the appropriate agencies; and WHEREAS, the easement will be between the southwest portion of DiLido Island and the northwest portion of Hibiscus Island, a copy of the legal description and easement application is attached hereto marked Exhibit "A" and made a part hereof by reference; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission here- by requests an easement for the construction of a 16" subaqueous water main between Hibiscus and DiLido Islands , Biscayne Bay, Miami Beach; BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that an application for said easement be submitted to the Department of Natural Resources. PASSED and ADOPTED this 18th day of February 1981. • or \ • ATTEST: City lerk APPROVED LEGAL DEPT. BY- AddtgLeaA4V— Date -P/ LB/mp OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 • EXHIBIT "A" Legal description of the Center Line of a 15 foot easement north of Hibiscus Island across Biscayne Bay between Hibiscus Island and DiLido Island, City of Miami Beach, Dade County, Florida, located in the SE 1/4 of Section 32, Township 53 South, Range 42 East and in the SW 1/4 of Section 33, Township 53 South, Range 42 East. Begin at a point located 7 ft. East of the West Property Line of Lot 25, Block 2 of Hibiscus Island, Recorded in Plat Book 8, at Page 75, of the Public Records of Dade County, Florida and the North edge of a concrete cap on a concrete bulkhead; thence north- erly along a line 7 ft. East of and parallel to the West property line of said Lot 25 a distance of one hundred and fifty (15 0) ft. ; thence deflecting to the left ten degrees, thirty three minutes, twenty one seconds, (10°-33 '-21") run Northerly along a straight line a distance of nine hundred and forty three (943. 0) f t. to a point; thence deflecting to the right, seventy one degrees, fifteen minutes, forty seven seconds (71°-15 '-47") run Easterly along a straight line a distance of one hundred and fifty (150) ft. to a point being the Westerly edge of a concrete bulkhead. Said line being four (4) ft. Northerly of and parallel to the Center Line of 1st DiLido Terrace as shown on Record Plat of DiLido Island, recorded in Plat Book 8, at Page 36, of the Public Records of Dade County, Florida, said easement have an area of forty three hundredths (0 . 43) of an acre more or less. I1/8■11Mfte..... 4. • . . , 4 , \ \ r I \ ''''' • • 1 ..' 2/--°/.5.• \- ?,, di' .. . ' i - /5./c-&)-7"N/PLC 1 et3nCi 's ,,t I . ....--r /-/Z- / '1- gatki;oi '',... ,. -..s. •, . . v \--- ‘ -- , z.. • ,. , , \ 1 \ \ \ ' \ \ ‘ \ ‘ • \ \• 1 ‘\\ k 1 1 1 • t . 1 . \ . \ ‘ ()ie. , \\ 1 0 4 I \ \\\ pi ,1 / 1 \\\:\ I . 6 \,, 0 , /0.33.7, , ....,,,, .../ \\ . 1 . , \\ 1 1 Vi\c , 1 i 1 , 4 ' Ho 1 v, -. - 1 1 i A / / —,f 7 tc:)7 .:7-5, -.0/345,-4/3 /.5.- 4,<1.0 BBureaau - of State Lands Division of Resources' Management 202 Blount Street Telephone No. (904) 483-2290 Tallahassee , Florida 32304 EASEMENT APPLICATION Please type or print and fill in the blanks for all applicable information. All information requested is not applicable, so indicate by placing N/A in the blank. Please submit two -completed copies of this form and two copies of a project vicinity map. 1. Applicant information: A. Name City o f Miami. Beach w r - s•�_a� ' B. Address 1700 Convention Center Drive , Miami Beach Florida 33139 Telephone No. j305J673-7620 C. Authorized Agent. Frank Aymonin D. Address of Agent 1700 Convention Center Drive Miami Beach . Fla. 33139 2 . The following information must be submitted by corporate applicants only: A. Name of President B. Name of Secretary C. Name and address of Registered Agent Telephone No, D. Certified copy of incorporation in Florida issued by the Secretary of State. 3. Location of Intended Use Area A. County Dade Local plat reference if subdivided See attached p1ar s Subdivision Block Lot No, B. Survey by Joseph . Crudele Florida Reg. No 650 Miami Co If proposed work is within the city limits , give name of City Beach D. Name of affected body(ies) of water Bscar�e Bay E. Name of Aquatic Preserve if applicable Biscayne Bar _ _ 4. Anticipated length of time of construction activity and proposed com- pletion date Ma 19 . 1981 to Au:ust 1981 5 . List of names and addresses of the riparian land owners of property on each side of the project site. On Hibiscus Island: 1) James F. Silvers , Trustee 1581 Brickel Avenue, Miami , Fla. 2) Frank & Sonia Condom 271 N. Hibiscus Drive, Miami Beach , Fla. On DiLido Island: 1) Daniel N. & Diaa Keller 1205 Ainsley Bldg. , Miami, Fla. 2) Arka d i M. & Hava Rywlyn 108 W. DiLido Dr. , Miami Beach , Fla. 6. Intended use of project . Describe: A. Private B. Commercial C. Public To install a 16" subaqueous water main between ' Hibiscus Island & DiLido Island as a back-up system to alleviate shortages at present and as a primary system later when the present system is demolished. 7. Number of square feet of structures on state-owned lands (include acreage to nearest hundredth) 1243p �15 � strip) w 0448 acres 8. List agency permit application and number if available (D.E.R, Corps of Engineers) D.E.R. D.F. 13-34484-6E Corps of Engineers Gen. Permit: S.AJ-14 (MOD) The attached guidelines should be used in the preparation of material to be submitted with the application. December 8 1980 Date Si,• ature oAppArant or Agent F Jnk- Aymonin, Director of Public Works .. . vj.•ar.�c�►i.AVL �.u vt, e-ir r l..0 A v t is U r U NIf[`I t;.tt H ` U.K CONTROL.. L. I. The affidavit of ownership or control should be signed byat least one ownerthe a f property, les- see, or easement holder. • • 2. If subdivided, the property should be described by lot number, block number (if any), name of subdivision, and plat book number and page where recorded. 3. If unplacted, the property should be described by section, township, and range, and subdivision of section. 4. If the description is based on courses and distances not following the plane coordinates, the point of beginning should be identified. Please contact this office should clarification or further instructions be necesaary. AFFIDAVIT OF 0WrsTERSHIP OR CONTROL TO THE DEPARTMENT OF ENVIRONMENTAL REGULATION: I hereby certify that I am the `check one): record owner - lessee _ a record ease- ment holder CITY OF MIAMI BEACH applicant to record owner for easement m._._.. of the below described propertysituated in �:County, Florida; and that said property is all the property that is contiguous to and landward of the area in which the work proposed in the permit application is to be conducted. Furthermore, I certify that as record owner, lessee, or record easement holder I have or will have prior to undertaking the work all necessary approvals or permission from all other persons with a legal interest in said property to conduct the work proposed is. the permit application. LEGAL DESCRIPTION Upland property on existing public right of way, Western dead--end to 1st DiLido Terrace on DiLido Island, Miami Beach , Fla ,. , accord- ing to Plat thereof recorded in Plat Book 8, at Page 36 of the Public Records of Dade County, Fla . , in Section 33 Township 53 South , Range 42 East , Dade County. / • Frank----W �.QJ/p1''`•,y_'a n .n l�.E Z ecto f ublic Works Sworn to and subscribed before ma a Sonv nrtion . t Maimi Beach, Florida County, Dadethis 13th , day -of January 19 81 • • / ' . NOTARY PUBLIC My commission expires• EASEMENT IT IS HEREBY AGREED that FRANK CONDOM and SONIA CONDOM, his wife (Grantors) , for and in consideration of One Dollar ($1 . 00) and 2 other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey unto the CITY OF MIAMI BEACH, a Florida municipal corporation (Grantee) , its successors , and assigns , the following described property of the grantors : The westerly nine (9 . 0' ) feet of Lot 25, Block 2, Hibiscus Island, according to the Plat thereof, recorded in Plat Book 8 , at Page 75 , of the Public Records of Dade County, Florida, and the westerly nine (9 . 0 ' ) feet of that certain tract twenty (20 ' ) feet wide northerly of and adjoining the northerly line of the said Lot 25 , which tract is described in Deed Book 1501 on Page 479 , of the Public. Records of Dade County, Florida. This easement, right of way and privilege herein granted shall be used only for the purpose of placing, constructing, operating, main- taining, rebuilding, replacing, relocating, and removing a water main, and it is expressly agreed that no trucks , tractors , trailers , or other heavy equipment may be brought unto the property without the express written permission of grantors , which permission is hereby given by grantors to bring in such equipment for the installation of said water main. The easement rights and privileges granted hereunder shall ter- minate when, or at such time as , the purposes hereunder cease to exist, are abandoned by grantee , or become impossible of performance . Grantors also retain, reserve and shall continue to enjoy use of the surface of the property for any and all purposes which do not inter- fere with or prevent the use by grantee of the within easement , including the right to build or use the surface of the herein granted easement for driveways , alleys , walks , gardens , lawns , planting or parking areas and other like uses . 4 Grantee shall have the right to cut or trim trees or shrubbery to install, maintain, or repair the water main, and grantee shall dis- pose of all cuttings and trimmings in the proper manner, and will re- place all trees or shrubbery so cut. Granteg shall bear full responsibility for the use and enjoyment of the property, and shall hold the grantors harmless from any claim for damages to persdn or premises resulting from the use , occupancy or possession of the easement by the grantee . IN WITNESS WHEREOF, the grantors herein , FRANK CONDOM and SONIA ...I CONDOM, hs 1,7fe, have hereunto set their hands and seals this day of 1979 . tileiipre.s.ence FRA Cf )NDOM ( •f, • • • /./.2 . . / /// 1[\ /(`- / SONIA CONDOM / OF. FLORIDA COUNTY OF DADE BEFORE NE, the undersigned authority, personally appeared this date FRANK CONDOM and SONIA CONDOM, his wife , who being by me first duly sworn, upon their oath, depose and state that they have read and understand the foregoing Easement, and that they have executed same of their own free will for the purposes therein expressed. WITNESS my hand and official seal at Miami, said County and State , this (..5‘) day of July, 1979 . Notary Public , state of Florida at Large My commission expires : NOTARY PUBLK =.1 m • ) FLOXIDA A L MY COMMkPliZ 44" SCA:,p'W thKu UNLRAL INS 11:•:L-: ,• i.gS +►.... Asa►A iui‘ .1 a 1.1J V 1 1 Vr VLZ '. ULt nub., • 1. The affidavit of ownership or control should be signed by at least one owner of the property, les- see, or easement holder. 2. If subdivided, the property should be described by lot number, block number (if any), name of subdivision, and plat book number and page where recorded. 3. If unplacted, the property should be described by section, township, and range, and subdivision of section. 4. If the description is based on courses and distances not following the plane coordinates, the point of beginning should be identified. Please contact this office should clarification or further instructions be necessary. AFFIDAVIT OF OWNERSHIP OR CONTROL TO THE DEPARTMENT OF ENVIRONMENTAL REGULATION: I hereby certify that I am the (check one): record owner . ., lessee record ease runt holder TT F I applicant to record owner for easement _ ..ow of the below described property situated in County, Florida; and that said property is all the property that is contiguous to and landward of the area in which the work proposed in the permit application is to be conducted. Fnrthermore, I certify that as record owner, lessee, or record easement holder I have or will have prior t ) undertaking the work all necessary approvals or permission from all other persons with a legal. interest in said property to conduct the work proposed in the permit application. LEGAL DESCRIPTION `' The Westerly nine (9. 0) feet of Lot 25 , Block 2, Ej Hibiscus Island, according to the Plat thereof, recorde _- -77- in Plat Book 8 at Pa.-Ye 75 of the Public Records of Dadi -- -4 County, Fla. , and the Westerly nine (9 . 0) feet of that certain tract twenty (20.0) feet wile northly of and adirptrirng the northerly line of the said lot 25 , which tract is e4:.•acribed21 in Dead Book 1501 on Pg. 479 .,+... .4' .� =��= of the Public Records of Dade County, Fla F ire auk A�aZzn ��a��;�.s� �. eF Sworn to and subscribed before me a 5M11._C 1 r �. tjon Cent Miami. Beach, Florida _ County, ., this day of January , 19 81 . NOTARY PUBLIC My cornmi3sion expires: r. • • r.: a:• -•;: �.} �.::� ORIGINAL RESOLUTION NO. 11-16564 (Requesting the State of F_L rida, Dept. of Natural Resources, to issue permit for the construction of a 16" subaqueous water main between Hibiscus and DiLido Islands, • Biscayne Bay, Miami Beach-MX-399) • . _ . .