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
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,e144i, FLORIDA 3 3 1 3 9
,1 "VACATIONLAND U. S. A."
O%
OFFICE OF THE CITY MANAGER CITY HALL
GAVIN W.O'BRIEN
CITY MANAGER 1700 CONVENTION CENTER DRIVE
�A �� TELEPHONE: 873.7010
COMMISSION MEMORANDUM NO. '
DATE: Qguber 4, 191
TO: Dr. Leonard Haber, Mayor and
Members of the City Commission
FROM: Gavin W. 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)