Resolution 2019-30824 3
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RESOLUTION NO. 2019-30824
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A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY:OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
TEMPORARY EASEMENT AGREEMENT WITH MIAMI-DADE COUNTY
(COUNTY)FOR A NON-EXCLUSIVE ACCESS AND STAGING AREA ON CITY
PROPERTY IN ORDER TO PROVIDE 46 STREET AND 53 STREET BEACH
ACCESS POINTS TO THE COUNTY OR ITS DESIGNEE TO PLACE CLEAN
SAND ON THE CITY'S BEACHES UNDER A US ARMY CORPS OF
ENGINEERS BEACH RENOURISHMENT PROGRAM; AND FURTHER
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE.
FINAL AGREEMENT.
WHEREAS,the City, State of Florida,Miami-Dade County and US Army Corps of Engineers
(US Army Corps) have coordinated to provide beach material in four eroded areas of the Miami
Beach, Miami-Dade County,Florida, Erosion Control and Hurricane Protection Project;and
WHEREAS,the lands are located seaward of the erosion control line(ECL)at Miami Beach
between Florida Department of Environmental Protection(FDEP) reference monuments. R-43 and
R-46, R-49 and R-51, R-53 and R-56,and between R-60 to R-61;and
WHEREAS,.the County,on behalf of the US Army Corps,requires a staging area in order to
stage the vehicles and equipment needed to install the fill along the beach; and
WHEREAS, the City owns upland property from the ECL, legally described or depicted in
Exhibit A to the proposed Temporary Easement(the"Temporary Easement Areas"),which would be
used as a staging area,subject to the terms,conditions, reservations and restrictions set forth in the
Temporary Easement Agreement; and
• WHEREAS, the proposed Temporary Easement Agreement (including sketch and legal
description of the Temporary Easement Areas)is incorporated herein by reference and attached as.
Exhibit"1" hereto.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission
hereby approve, in substantial form,a Temporary Easement Agreement with Miami-Dade County
(County)for a non-exclusiveaccess and staging area on City property in order to provide 46 street
and 53 street beach access points to the County or its designee to place clean sand on the city's
beaches under a US Army Corps of Engineers Beach Renourishment Program; and further
authorize the City Manager and.City Clerk to execute the final agreement.
PASSED and ADOPTEDthis 9 day of May, 2019.
i'l
Dan Gelber, Mayor
ATTES
APPROVED AS TO
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Rafael Granado, CityClerk ike . 1—t L
IMLORP ORATED` g%to�'� ��
4T City Attorney dkDate
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Agenda Item C 7 Q
Date 5--g-/
This instrument prepared by(and after
recording return to):
Gisela Nanson Torres
Senior Assistant City Attorney
City of Miami Beach
1700 Convention Center Drive
Fourth Floor
Miami Beach. Florida 33139 ,(Reserved for Cleric of the Court)
TEMPORARY EASEMENT AGREEMENT
This TEMPORARY EASEMENT AGREEMENT ("Agreement") is made and entered into as of
the day of May 2019 ("Effective Date"), by and between the City of Miami Beach, a
municipal corporation of the State of Florida (the "City"), with an address of 1700
Convention Center Drive, Miami Beach, Florida 33139, Attention: City Manager, and
Miami-Dade County (the "County"), a political subdivision of the State of Florida, 111 NW 1st
Street,Miami,Florida 33128.
RECITALS
A. The City, the County and the United States Army Corps of Engineers (the "Corps") have
jointly coordinated to provide beach material in multiple eroded areas of Miami Beach (the
"Joint Project"). Construction of the Federal Dade County Beach Erosion Control and Hurricane
Protection Project was authorized by Section 203 of the Flood Control Acts of 1968, Public Law
90-483, as modified by Section 69 of the Water Resources Development Act of 1974, Public Law
93-251, and expanded under a separate authorization in Title I, Chapter IV of the Supplemental
Appropriations Act of 1985, Public Law 99-88, and by Section 501 of the Water Resources
Development Act of 1986,Public Law 99-662; and
B. The Corps and the County have entered into a Project Partnership Agreement to undertake a cycle
of periodic nourishment for the Joint Project, at full federal expense to the extent that
appropriations provided in Title IV, Division B of the Bipartisan Budget Act of 2018, Public Law
115-123,enacted February 9,2018, are available and used for such purpose; and
C. In furtherance of the Joint Project, the Corps requires the use of certain property owned by the
City for access, and has requested that the County enter into this Agreement for same; and
D. The City owns certain property, described or depicted in the attached Exhibit A 53rd Street
Parking Lot, within the designated "Access Area" and "Staging Area," and Exhibit B 46th Street
Parking Lot, within the •designated "Access Area" and "Staging Area" (collectively, the
"Temporary Easement Areas" or the "Property"), that could be used for equipment staging
and access in order to fulfill the goals of the Joint Project.
NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth
hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree that the foregoing recitals are true and correct and
further agree as follows:
Page 1
1. The foregoing recitals are incorporated as if fully set forth herein.
2. The City hereby grants to Miami-Dade County, its successors, and assigns, for the use of the
County, its agents, employees, contractors, representatives and licensees, for a 24 month period
commencing on the Effective Date, the temporary, non-exclusive easement on, over, and
upon the Temporary Easement Areas, subject to the terms, conditions, reservations and
restrictions set forth herein, for the purpose of access, as well as all other work necessary or
incidental to the construction of the Joint Project, including but not limited to borrow and/or
deposit fill, erection and removal of temporary structures, staging of vehicles, equipment and
materials, together with the right to trim, cut, fell and remove therefrom all trees, underbrush,
obstructions, and any other vegetation, structures, or obstacles, in connection with the Joint
Project. The only areas of the Property which can be utilized for ingress and egress are the areas of
the Property labeled and described as "Access Area" in Exhibit A 53rd Street Parking Lot and in
Exhibit B 46th Street Parking Lot. THE EASEMENT USE SHALL BE SUBJECT TO A CITY
PUBLIC WORKS RIGHT-OF-WAY PERMIT PROCESS.
3. Assignment. The City acknowledges that any of the rights set forth herein may be assigned, in
whole or in part, including but not limited to the County's assignment of this Agreement to the •
Corps, its agents, contractors, and employees,who shall be performing work and activities on the
Property, and the rights and obligations of the parties shall inure to the benefit of and be
binding upon their successors and assigns.
4. Parking. A City permit or City authorization shall be required for the actual parking spaces
needed at the 53rd Street Parking Lot identified in Exhibit A, and such permit or authorization
shall require payment to the City up of $10.00 per parking space per day for each day that
such parking spaces are reserved with the appropriate City department. In no event shall such
reservation exceed either 52 parking spaces per day or 365 days, and the required payment
for such parking spaces shall not exceed $189,800.00. Notwithstanding anything stated
herein, if revenues have been received by the City that meet the City's bond obligations for
said parking spaces for the relevant time period, no payment shall be required. If the City's
bond revenue obligations for said parking spaces are not met for the relevant time period, but
the bond revenue deficit is less than the payment that would otherwise be required for parking
spaces under this paragraph,then only the amount of the bond revenue deficit shall be due.
5. At the 46th Street Parking Lot - The County, and/or its designee, me precluded from using the
Temporary Easement Area identified in Exhibit B 46th Street Parking Lot during Art Basel
(November 14, 2019 through December 14, 2019).
6. Enforcement. The parties shall resolve any disputes, controversies, or claims between them
arising out of this Agreement in accordance with the "Florida Governmental. Conflict
Resolution Act," Chapter 164,Florida Statutes, as amended.
7. Nothing herein shall constitute a waiver of Section 768.28 of the Florida Statutes or shall be
construed as impacting or modifying the protections set forth therein.
8. Nothing in this Agreement, express or implied, is intended to (i) confer upon any entity or
person other than the parties and their successors or assigns any rights or remedies under or by
reason of the Agreement as a third party beneficiary or otherwise, except as specifically
provided in this Agreement; or (ii) authorize anyone not a party to this Agreement to maintain
an action pursuant to or based upon this Agreement.
Page 2
EXECUTED as of the date and year first above written.
SIGNED, SEALED AND THE CITY OF MIAMI BEACH,FLORIDA,
DELIVERED IN THE PRESENCE a municipal corporation of the State of Florida
OF:
By:
Name:
Name:
Title:
Name:
Attest:
By: , City Clerk
Rafael E. Granado
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of , 2019 by
_,as ,for the City of Miami Beach,Florida.
By:
Signature of Notary Public
My Commission Expires:
Printed,typed or stamp
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SIGNED, SEALED AND MIAMI-DADE COUNTY,FLORIDA,a
DELIVERED IN THE PRESENCE political subdivision of the State of Florida
OF:
By:
Name:
Name:
Title:
Name:
Attest:
By:
, County Clerk
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of , 2019 by
, as ,for Miami-Dade County, Florida.
By:
Signature of Notary Public
My Commission Expires:
Printed,typed or stamp
1
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Page 4
•
. EXHIBIT A . •
- 53RD STREET PARKING LOT
COLLINS AVENUE ' -- - _
(130' R/YQ
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GCESS'AREA
3,077 SQ.FT.
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PARKING LOT P-72 {
ES
LOT 22 6 LOT 23 LOT 24 LOT 25 • $
$ LOT 76
a TAGING AREA as
16,580 SQ.FT. .
BLOCK 9
"AMENDED PLAT OF •
FIRST OCEAN FRONT
£ • SUBDIVISION"
(P AT BOOK 9, PAGE 78)
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S o47s5'u•W
17.30' ca .
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• CURVE J7A4U/5,0EL'N ANGLE ARG LEIMrii maw/
GI 4477.44 1'5515. 150. 1 SID'181zz'1Y
4.. C2 4477.44'0011'475 15.25' 110914431 •
/ , ,!*,
C7 6340' 61'42`48 71.18' $50O4'22'E
C4 60.11' 40'36"46' 42.60" N5Z42'22'W j(
BEACH VIEW PARK
I •CCESS AREA
. 4,091 SQ.FT,
I Feet
Acres •
ROSIO CONTROL UNE
�.w BEACH EXHIBIT "A"
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•
H .ACCEPTED BY; .R5 IBEO Tin@ SKETCH OF DESCRIPTION
+ p LIC W ''I `" 53RD STREET P-72 AND BEACH VIEW PARK AS
a PUBLIC WORKS DEPARTMENT
MOIL rtrmoRt¢NTERORSr MAN1 WACO-MI=9 BRIAN T.SEWN° - ACCESS AND STAGING MEAS
CITY SURVEYOR -
• •
.
EXHIBIT A `
53RD STREET PARKING LOT
LEGAL DESCRIPTION:
BEING A PARCELS OF LAND LYING IN A PORTION OF LOTS 23, 24, AND 25 BLOCK 9, "AMENDED PLAT OF FIRST OCEAN FRONT
SUBDIVISION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 78. OF THE PUBLIC RECORDS OF
MIIAME-DADE COUNTY, FLORIDA BEING MORE PARTICULALRY DESCRIBED AS FOLLOWS:
ACCESS AREA:
COMMENCE AT THE NORTHWEST CORNER OF LOT 25, OF SAID "AMENDED PLAT OF FIRST OCEAN FRONT SUBDIVISION', SAID POINT
ALSO BEING A POINT ON A CURVE CONCAVE TO THE EAST, A CHORD WHICH BEARS S 1018'12" E; THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE AND ALONG THE EASTERLY RIGHT OF WAY LINE OF COLUNSAVENUE, THROUGH A CENTRAL ANGLE OF
01'55'15" A DISTANCE OF 150.10 FEET TO THE POINT OF BEGINNING; THENCE.S 62'32'40" E A DISTANCE OF 64.38 FEET; THENCE S
07'35'40" W A DISTANCE OF 96.70 FEET; THENCE S 4213'34" W A DISTANCE OF 37.53 FEET TO POINT HEREINAFTER REFEREO TO
AS POINT "A"; THENCE N 0722'59" E A DISTANCE OF 112.15 FEET; THENCE N 82'21'39" W TO THE INTERSECTION WITH THE SAID
EASTERLY RIGHT OF WAY UNE OF GOWNS AVENUE, DISTANCE OF 43.08 FEET, TO THE BEGINNING OF A CURVE CONCAVE TO THE
EAST HAVING A RADIUS OF 4477.44 FEET, A CHORD WHICH BEARS N .0914'43" E; THENCE NORTHERLY EASTERLY ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 0091'42" A DISTANCE OF 15.25 FEET TO THE POINT OF BEGINNING;
CONTAINING 3,077 SQUARE FEET OR 0.1 ACRES MORE OR LESS.
{ STAGING AREA:
BEGIN AT POINT "A"; THENCE N 4213'34" E A DISTANCE OF 51.62 FEET; THENCE S 82'30'47" E A DISTANCE OF 232.10 FEET;
THENCE S 38'5716" E A DISTANCE OF 59.94 FEET TO A POINT HEREINAFTER REFERED TO AS POINT"B"; THENCE S 04'55'11" W A
DISTANCE OF 17.30 FEET; THENCE N 82'47'51" W A DISTANCE OF 305.20 FEET; THENCE N 05'47'27" E A DISTANCE OF 17.69 FEET
.___TO_P_DIN.T_._"A"_.SAID.POINT,..ALSO...BEING..THE.P01NT....OF._BEGINNING. ,_. Y_ - ---.--_-.....---.- --.- ------. -
CONTAINING 16,580 SQUARE FEET OR 0.4 ACRES MORE OR LESS:
I I
ACCESS AREA:
BEGIN AT POINT "B"; THENCE N 38'57'16" W A DISTANCE OF 9.60 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH
HAVING.A RADIUS OF 63.00 FEET, A CHORD WHICH BEARS S 80'04'22" E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 64'42'46" A DISTANCE OF 71.16 FEET; THENCE S 88'41'50" E A DISTANCE OF 171.07 FEET TO THE
INTERSECTION WITH THE EROISION CONTROL UNE; THENCE S 04'27'03" W. ALONG THE EROISION CONTROL LINE, A DISTANCE OF
{ 18.70 FEET; THENCE N 89'06'13" W A DISTANCE OF 167.46 FEET; THENCE N 4814'51" W A DISTANCE OF 28.35 FEET, TO THE
BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 60.11 FEET, A CHORD WHICH BEARS N 82'42'22" W;
THENCE WESTERLY ALONG .THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 40'36'46" A DISTANCE OF 42.60 FEET TO
POINT"B" SAID POINT ALSO BEING THE POINT OF BEGINNING.
CONTAINING 4,091 SQUARE FEET OR 0.1 ACRES MORE OR LESS..
I i
SURVEYOR'S NOTES:
1. THIS IS NOT A "BOUNDARY SURVEY". THIS IS ONLY A GRAPHIC REPRESENTATION (SKETCH) OF THE LEGAL DESCRIPTION SHOWN
HEREON.
2. BEARINGS SHOWN ARE RELATIVE TO THE EROSION CONTROL LINE WHICH IS ASSUMED TO BEAR 50427'03"W.
3. LAND SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS OF WAYS OF RECORDS AND A TITLE REPORT
IWAS NOT PERFORMED FOR SAID LANDS.
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SURVEYOR'S CERTIFICATION:
HEREBY CERTIFY: THAT THIS °SKETCH AND LEGAL DESCRIPTION" IS CORRECT AND MEETS THE STANDAR,{OFt$ CTICE FOR
SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FOURTH IN CHAPTER 472.027 (F.S) AND41),A TER's5J-#l/,OJ_THE
FLORIDA ADMINISTRATIVE CODE. ,,- + " �k,
"NOT VAUD WITHOUT THE SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER°..a°' �V ., a
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$ j, ACCEPTED 0Y; REVISED TITLE:
A'I A n/�I EAC B.T.B LEGAL DESCRIPTION,SURVEYOR'S NOTES
PUBLIC WORKS DEPARTMENT
,, AND CERTIFICATION AS3
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CEER BRIVE.PPMBEACH.TIMM BRIAN T.BELLING 53RD STREET P-72 AND BEACH VIEW PARK
CITY SURVEYOR ACCESS AND STAGING AREAS
•
EXHIBIT B
46TH STREET PARKING LOT ,
_ _ _ _
.
•
COLUNS AVENUE
(1 0' 11/W)
FMINING
N01a2'341 .
( 20.10'
..S OI12'.1'W 318.73'
(
ritintiIffOF11NYLX
N.E.CORNER LOT IT,BLOCK 8
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lif� gW
Id 12 BLOCK 8
a "AMENDED PLAT OF •
. INDIAN BEACH CORPORATION'S SUBDIVISION"
.(PLAT BOOK 8, PAGE 61)
.CCESS AREA
10,126 SQ.FT.
• PARKING LOT P-71
LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13
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i! r al C5 123.73` 18'51 17' 40.72` 575'56 14 E tY {
y C6 . 106,32' 23'46'50'• 44.13' - 575'28'46"W 4 I I
Cl 75.27' 21'44'24' 28.56` 582'09'551W
si
4111'11 {)
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kINDIAN BEACH PARK @j
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,L
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i STAGING, AREA +"
r a„, .!.i s or2sro3•E 40,933 'SQ.FT.
&78'
37018'23V
.,
• 62,31'
N W35'44'W ROSION. CONTROL LINE
1e.68' S 0?M'62'E
1 23348'
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BEACH
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{ EXHIBIT "A”
I + I eJ(.'~, ACCEPTED BY: REVISED TITLE:
ljll(t` A, {{ff Et TA SKETCH OF DESCRIPTION
• 46TH STREET P-71 AND INDIAN BEACH PARK AS2
i x PUBLIC WORKS DEPARTMENT
I/COCONWmON CENTER MINE,MUM HACK FL=IN CIIASURVEVOR _ ACCESS AREA AND STADINO AREA .
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EXHIBIT B
46TH STREET PARKING LOT
LEGAL DESCRIPTION:
BEING A PARCEL OF LAND LYING IN A PORTION OF LOTS 9, 10, 11, AND 12 BLOCK 8 "AMENDED PLAT OF THE INIDIAN
BEACH CORPORATIONS'S SUBDIVISION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 61, OF
THE PUBLIC RECORDS OF MIIAME-DADE COUNTY, FLORIDA BEING MORE PARTICULALRY DESCRIBED AS FOLLOWS;
ACCESS AREA:
COMMENCE AT THE NORTHWEST CORNER OF LOT 12, OF SAID "AMENDED PLAT OF THE INDIAN BEACH CORPORATION'S
SUBDIVISION; THENCE S 01 32'34" W, ALONG THE WESTERLY RIGHT OF WAY LINE OF COLLINS AVENUE, A DISTANCE 318.73
FEET TO THE POINT OF BEGINNING; THENCE S 82'40'57" E A DISTANCE OF 181.39 FEET; THENCE N 87'39'29" E A
DISTANCE OF 38,63 FEET; THENCE S 82'28'49" E A DISTANCE OF 183.71 FEET; THENCE S 86'57'52" E A DISTANCE OF
50.80 FEET TO A POINT HEREINAFTER REFER TO AS POINT "A"; THENCE S 7813'32" W A DISTANCE OF 29.15 FEET, TO
THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 123.73 FEET, A CHORD WHICH BEARS N
75'56'14". E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 18'51'17" A DISTANCE
OF 40.72 FEET; THENCE N 8715'08" E TO THE INTERSECTION WITH THE EROSION CONTROL LINE, A DISTANCE OF 20.45
FEET; THENCE S 02'44'52" E ALONG THE EROSION CONTROL UNE A DISTANCE OF 15.77 FEET; THENCE N 89'35'44" W A
DISTANCE OF 16.66 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF 106.32 FEET,
A CHORD WHICH BEARS S 75'28'46" W; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 23'46'50" A DISTANCE OF 44.13 FEET; THENCE S 6434'18" W A DISTANCE OF 15.08 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 75.27 FEET, A CHORD WHICH 'BEARS,S 82'09'55" W; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21'44'24" A DISTANCE OF 28.56
FEET; THENCE N 82'29'49" W A DISTANCE OF 210.06 FEET; THENCE S 87'39'29" .W A DISTANCE OF 52.33 FEET; THENCE
N 8240'57" W TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF COLLINS AVENUE, A DISTANCE OF 181.06
_____________..._FEET;THENCE-NA1'32'34"E ALONG-THE.-SAID-EASTERLY-RIGHT-OF-WAY-UNE4F...COLLINS....AVENUE,-:A-DISTANCE--OF 20.10-- ------ .•�
FEET TO THE POINT OF BEGINNING. '
CONTAINING 10,126 SQUARE FEET OR 0.2 ACRES MORE OR LESS. I
STAGING AREA:
BEGIN AT SAID POINT "A"; THENCE N 13'40'36" W A DISTANCE OF 9.89 FEET; THENCE N 84'35'22" W A DISTANCE OF
44:07 FEET; THENCE N 04'26'32" E A DISTANCE OF 14.50 FEET; THENCE N 83'00'35" W A DISTANCE OF 36.57 FEET;
THENCE N 23'41'31" W A DISTANCE OF 14.33 FEET; THENCE N 03'51'25" E A DISTANCE OF 231.40 FEET; THENCE S
85'25'21" E, TO THE INTERSECTION WITH THE EROSION CONTROL LINE, A DISTANCE OF 148.43 FEET; THENCE S 02'44'52" E,
ALONG THE EROSION CONTROL.LINE, A DISTANCE OF 233.49 FEET; THENCE S 7496'23" W A DISTANCE OF 62.51 FEET;
THENCE S 07'25'05" E A DISTANCE OF 8.78 FEET; THENCE N 7813'31" E A DISTANCE OF 29.15 FEET TO POINT "A" SAID
POINT ALSO BEGINNING THE POINT OF BEGINNING.
ti CONTAINING 40,933 SQUARE FEET OR 0.9 ACRES MORE OR LESS.
3 f
SURVEYOR'S NOTES:
1. THIS IS NOT A "BOUNDARY SURVEY:, THIS IS ONLY A GRAPGHIC REPRESENTATION (SKETCH) OF THE LEGAL DESCRIPTION
SHOWN HEREON.
2. BEARINGS SHOWN ARE RELATIVE TO THE EROSION CONTROL LINE WHICH IS ASSUMED TO BEAR SO2'44'52"E. •
3. LAND SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS OF WAYS OF RECOREDS AND A TITLE
REPORT WAS NOT PERFORMED FOR SAID LANDS.
i t
SURVEYOR'S CERTIFICATION: , t!x -riti .
I HEREBY CERTIFY: THAT THIS "SKETCH AND LEGAL DESCRIPTION" IS CORRECT AND MEETS THE STANDARDS'Dij PR A�C3TICE
FOR SURVEYING AND MAPPING IN THE STATE FLORIDA AS SET FOURTH IN CHAPTER 472027,(F.SI /NO CI�APTER�5J 17
r OF THE FLORIDA ADMINISTRATIVE CODE. iso e 4 v ,
ers
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"NOT VALID WITHOUT THE SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER,.x ty ' '•« ' ,,, ; .
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04/29/2019
t DATE ' ` '
`' '
BRIA BELLING PSS � .CITY jR " `
SURVEYOROR`AND4M PFER 1973
STATE OF FLORIDA «4 A _.
to
d ACCEPTED REVISED TITLE:
LEGAL b I DTQ LEGAL DESCRIPTION, SURVEYOR'S NOTES
4 PUBLIC WORKS DEPARTMENT AND CERTIFICATION AS 9
goo BRIAN 46TH STREET P-71 AND INDIAN BEACH PARK
m
CIN SURVEYOR ACOESS AREA AND STAGING AREA •
Resolutions-C7 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 8,2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A TEMPORARY EASEMENT
AGREEMENT WITH MIAMI-DADE COUNTY (COUNTY) FOR A NON-EXCLUSIVE ACCESS
AND STAGING AREA ON CITY PROPERTY IN ORDER TO PROVIDE 46 STREET AND 53
STREET BEACH ACCESS POINTS TO THE COUNTY OR ITS DESIGNEE TO PLACE CLEAN
SAND ON THE CITY'S BEACHES UNDER A US ARMY CORPS OF ENGINEERS BEACH
RENOURISHMENT PROGRAM; AND FURTHER AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE FINAL AGREEMENT.
Legislative Tracking
Environment and Sustainability
ATTACHMENTS:
Description
o Temp.Easement Memo
❑ Temp.Easement Agreement
o Temp.Easement Resolution
❑ Temp.Easement Legals and Sketches
MIAMIBEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Jimmy Morales, City Manager
DATE: May 8, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
TEMPORARY EASEMENT AGREEMENT WITH MIAMI-DADE COUNTY
(COUNTY)FOR A NON-EXCLUSIVE ACCESS AND STAGING AREA ON CITY
PROPERTY IN ORDER TO PROVIDE 46 STREET AND 53 STREET BEACH
ACCESS POINTS TO THE COUNTY OR ITS DESIGNEE TO PLACE CLEAN
SAND ON THE CITY'S BEACHES UNDER A US ARMY CORPS OF
ENGINEERS BEACH RENOURISHMENT PROGRAM; AND FURTHER
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE
FINAL AGREEMENT.
In the mid-1970s, the U.S. Army Corps of Engineers (US Army Corps) and Miami-Dade County
(County)entered into a 50-year contract for the joint management of the County's sandy beaches,
including those in the City of Miami Beach.The nourished beach has contributed significantly to the
local economy, provided critical storm protection and erosion control, as well as environmental,
recreational and economic benefits to the City,the region,and the State.However,natural processes,
including waves,tidal currents,wind,storms,flooding,and sea level rise continuously remove sand
from the beach system.As such,to maintain a healthy beach, the US Army Corps, in collaboration
and cost-share with the State of Florida and the County,periodically renourishes the City's beaches
as part of their beach renourishment program.
The City, State, County and US Army Corps have coordinated to provide beach material in two
severely eroded areas of the Miami Beach, Miami-Dade County, Florida Erosion Control and
Hurricane Protection Project:46 Street and 53 Street.In order to execute this project,the County,on
behalf of the US Army Corps,requires a staging area in the vicinity of these locations in order to stage
the vehicles and equipment needed to install the fill along the beach. The City owns the upland
property from the Erosion Control Line(ECL)that the County and the US Army Corps have requested
for staging. As such, the City Administration requests the City Commission authorize the City
Manager and City Clerk to execute a Temporary Easement Agreement with Miami-Dade County for a
non-exclusive access and staging area use easement on City Property attached hereto as Exhibit 1.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
Attached: Exhibit 1 —Temporary Easement Agreement
JLM/SMT/ESW