Resolution 2025-33608 RESOLUTION NO. Z02533608
A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORI2ING THE MAYOR
AND CITY CLERK TO EXECUTE, IN THE FORM ATTACHED TO THIS
RESOLUTION AS EXHIBIT A, THE SOVEREIGNTY SUBMERGED LANDS
EASEMENT (EASEMENT NO. 43019�, BY AND BETWEEN THE CITY
(GRANTEE) AND THE BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (GRANTOR�,
FOR A TERM OF FIFTY(50)YEARS, COMMENCING RETROACTIVELY ON
JUNE 5, 2024, FOR USE OF AN EASEMENT AREA HAVING
APPROXIMATELY 4,732.74 SQUARE FEET (EASEMENT AREA),
LOCATED WITHIN A PORTION OF THE SUBMERGED LANDS OF INDIAN
CREEK, UNDERNEATH 41ST STREET, FOR THE PURPOSE OF
RELOCATING, AT THE REQUEST OF THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT�, THE CITY'S WATERMAIN FACILITIES FROM
THE 41ST STREET BRIDGE TO THE EASEMENT AREA, AND
THEREAFTER CONTINUING TO OPERATE AND MAINTAIN THE
WATERMAIN FACILITIES WITHIN THE EASEMENT AREA.
WHEREAS, on December 13, 2023, the Mayor and City Commission approved a request
to award a contract, pursuant to Invitation To Bid QTB) 2024-048-JP For Water Main Aerial
Crossing Along West 41" Street Bridge Between Pine Tree Drive and Indian Creed Drive
Replacement; and
WHEREAS, the scope of work for this project was outlined in the City's Water System
Master Plan (Master Plan) dated October 2019, project W39; and
WHEREAS,the work included the complete replacement of the then existing 16-inch casb
iron aerial water main crossing that was attached to the 41�' Street Bridge beriveen Indian Creek
and Collins Avenue; and
WHEREAS, the then existing water main was approximately seventy (70) years old and
was prioritized in the Master Plan due to the high probability and consequence of failure; and
WHEREAS, in additioq the hydraulic modeling performed by the City determined that
upsizing ihe system to a 20-inch diameter ductile iron pipe, would provide the required flow
capacity to support the anticipated growth and increasing demands along Collins Avenue in the
mid-beach area; and
WHEREAS, the water main was replaced and moved to the 41�'Street Bridge,with a route
that had approximately 1,280 linear feet(LF) in length, with 920 LF HDPE DR 11 Pipe (20-inch),
300 LF Ductile Iron Pipe (20-inch), and 60 LF Ductile Iron Pipe (16-inch); and
WHEREAS, the Florida Department of Transportation (FDOT) thereaker planned a
complete bridge rehabilitation project, requiring the complete removal and relocation of the
existing overhead water main; and
WHEREAS, the Florida Department of Environmen�al Protection (FDEP) has determined
that the replacement qualifies for and requires a public Sovereignty Submerged Lands
Easement ("EasemenY`) in order to move the existing water main to an Easement Area located
within a portion of the submerged lands of Indian Creek, underneath 41�' Street, lying in the
Southwest '/< of Section 23, Township 53 South, Range 42 East, in Indian Creek, Miami-Dade
County, Florida, as more particularly described in the Easement (Easement No. 430�9), a copy
of which is attached to this Resolution as Exhibit A; and
WHEREAS, the Easement describes an Easement Area having approximately 4,733
square feet and use of the Easement Area for a term of 50 years, commencing retroactivety from
June 5, 2024; and
WHEREAS, the City has reviewed all documents provided and has determined that the
City's property interests are not adversely affected, and that the Easement would serve an
important public purpose.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby approve and authorize the Mayor and City Clerk to execute, in the form attached to
this Resolution as Exhibit A, the Sovereignty Submerged Lands Easement (Easement No.
43019), by and between the City (Grantee) and the Board of Trustees of The Internal
Improvement Trust Fund of the State of Florida (Grentor), for a term of fifty (50) years,
commencing retroactively on June 5, 2024, for use of an easement area having
approximately 4,732.74 square feet (Easement Area), located within a portion of the
submerged lands of Indian Creek, underneath 415' Street, for the purpose of relocating, at
the request of the Florida Department of Transportation (FDOT), the City's watermain
facilities from the 415'Street bridge to the easement area, and thereafter continuing to operate
and maintain the watermain facilities within the easement area.
PASSED and ADOPTED THIS 2j day of H r�� 2022.
ATTEST: V/j�l� �
�� qpR � � 2025 Steven Meiner, Mayor
/
Rafael E. Granado, City Clerk ,,,«.-..,,,
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APPROVED ASTO
FORM &LANGUAGE
&FOR EXECUTION
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CiNAttomey ;- � Dote
EXHIBfT
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This Instrumen[Prcpared By:
Li6a-Mane Ra�lc�s'on
Ac[fon No.49615
Burcau ofPublic Land Adminisha[ion
3900 Cummonwcalth Boulevard
Mail Sration No. 125
Tallahassee,Florida 32399
BOARD OF TRUSTEES OF THE INTCRNAL IVIPROV[MENT TRUST FUND
OFTHGSTATF,OFFLORIDA
SOVLRCIGNTV S[1BMGRGE�LANDS[ASCMENT
EASEMENT NO.43U I9
BOT PILE NO- 130367146
PA NO. 13-0437752-002-E[
THIS FASEMF.NT fs hcmby gcanteA by[hc Boecd ofTms�ees of[hc Ivtemal Improvcmcnt Trust Fund of
[he State nf Florida,hereinaRer rcfcrted to as the Gran[or.
WITYESSETH'. Tha[for[he failhful and timely performance of and mmpliance wi[h[he ferms and condi[ions stated
herciq the Granror docs hereby 8��� �o Cil of bliami Bcach Florida, hercinafler referred ro as the Grnntee, a nonexclusive
easement oq under and across lhe sovereignry lands,as defined in 18-21 003,Florida Adminisha[ive Code, if any, conuined
wrthiv thc following legal dcsttiption:
A pn¢el of soverdgnty submerged land in Seclion 23
Townehip 53 Soulh,Range 42 East,in Indlav Crcck,
Miami-Dade County,Fiarida,conrafvfng 4 733 squam Poc[,
more or less,az is more Oartiwlazly described and shown
on ALLechment A,da[ed February I 2024.
TO HAVG THF.USE OF fic hereinabove dcscnbed premiscs for a pennd of 50 ycars from]unc 5 2024,Ihe effce�ivc
date of this casemenL The[erms and ronditions on and fnrwM1ich[his'easemen[is granted are as tollows:
I. USE OF PROPERTY: The above descnbed parcel of land shall be used solely for the ooera[ion and maintenance of a
sube4ueous wete�mel�end G�unwc shall m� wyaye i� any acGviry rela4d ro �hfs u e execpt es desc�ibul i� thc State uf
Flunda Dcpartmrnt of Emironmental Pro[ec[ion Bmirommemal Resuwce Pertnit No. 13-0437752-002-EI, da[ed M�
2024, inroryoramd herein and madc a pert of[hfs cascmenl hy mfc�cnce. All of[hc foregofng subjcet to fhe mmaining
condi[ions of this easemenl.
2. EASF,MENT WNSIDF.RATIOK: In lhe eucn[ [hc Granlor amrnds its rules rclatcd ro (ees and[hc amended rules
pmvide the Granree will be chargcd a(ee nr an incrcascd fee fnr[his ac[ivity,the Grantce agrees�n pay all charges requircd by
such amended rules withfn 90 days' of[he da[e the emended rules become effeetive o�by a da[e pmvided by an invoice from
[he Departmev[, whiehever is latec All fees cha�ged onder [hfs pmvision shall be pmspective In namre; i.e. they shall
bcgin to accruc on the dxte that thc emended rules bccome effectivc.
3. WARRANTY OF TITLE/Gl1ARANTF.E OF SOITABII.ITY OF USE OF LAND: Grantor nei[herwartanls[itle m[hc
lands des'cnbed hercin nor guarantecs[hc sui�ability ofany of the lands for any partfcular use.
f45]
4. RIGHTS GRANTGD: The ngMs hercby granted shall Ac wbjcct to any and a0 pnor righ[s of thc Unired S�ales and
any and all prior gran[s by thc Gmnmr in and lo thc submrrged lands siNaled wichin thc limi[s'of Ihis eascmcn[.
5. DAMAGE YO EASHMENT PROPERTY AND INTERFERENCE WRH PUBLIC AND PRIVATE RIGHTS:
Gramee sha0 mt damage the easemcnt lands'or unduly interfcre with public or privale rigMs therein.
6. GRAKTOR'S RIGIIT TO GRAM WMPAT7RLF,USES OF TI7F. F.ASFMtiNT PHOPF.RTY: This casement is
nanexclusive,and the Grantur,or its duly au[honted agen[,shall retain lhe righ[m enrer[he properry or m engage in managemen[
activilies wt I�wnsis[ent with the use hemin provided for a�d shall reuin the�ight m yranl compatible uses uC lhe property�a
lhird parties d��ing[he�erm of fiis cescmcn[.
7. RIGHT TO iNSPECT: Grzn[or,or i[s duly au[hmizcd agcnt,shall have[hc righ[at eny time m inspcc�[he work,a and
operetfons of[he Gran[ee fv any ma[[er pertainfng ro fiIs casemenL
8. LIAHILITY/INVESTIGATiON OF ALL CLNMS: The Grantec shall investigate all claims of every namre at i�s
expense. Each party is responsiblc Eo�all personal Injury and pmpeey damege a[tribulable�u the neglfgcnt acts oromisalo�s oF
that party and [he ofticcrs, cmployees and agcnls thereof. No[hing hcrcin shall be conshucd u an indemnity or a waivcr of
sovereign immunity enjoyed by any parry hereto,as provided in Scctiun 76R 2R,Florida StuWtes,as amended from time to[ime,
or any achcr law providing limita[ions on claims.
9. ASSIGNMF.NT OF EASEMENT: This eascmcnt shall nol be assigncd or utherwise hansfcrtcd withuuf prior writtcn
ronsent of lhe Granmr or its duly nuthorized agent and which wnsen[shall nut be wreasonably withheld. Any assignmenl or
uther transferwithou[prior wn[ten conscn[of the Granmr shall be null and void and without legal effect.
l0. THRMMATION: Yhe G�an[eq by ecceptance of[hIs easemenl,binds rtself,ils successors avd essigns,to abide by�he
provisions and wndffions hcrcin set forth, and said pmvisions end conditions' shell be deemcd wvenants uf the Granlce, ils'
successors and assigns. �n the evem thc Grantec fails nr refuscs m wmply with thc provisions and condi[ians hercin vet fnnh or
in[he went lhe Gran[ce violates any of[he provisions and condi[ions herciq this easemen[may be terminated by the Granlur
upon 30 days wri¢en nolice[o[he Grantce. If lertninared,all of[he abuve-described parcel of land shall revert tu the Granbr.
Any cos�s or expenses incurted by[he Granlm in removing lhe Granlee or its pmperty Cmm the easement urca shall be paid by
the G�antcc. All nutices�eq�ircd m be givev m[hc G�entce by thls eascmcvt o�applicable Iaw o�administrauve rulcs shall bc
sufficicn[iCsent by�7 S. Mail m lhe followfng address:
Clly ofMiami Bench,Flo�id
Public Warks Departmen[
1700 Comention Drivc
Miami eeach,Florida 33139
The Gran[cc agrees m no�ify[hc Granror hy certificd mail of any changcs to lhis address at Icast tcn(10)days hcfmc the change
is cffcctive.
I I. TAXES AND ASSESSMENTS: The Grantee shall assume xll responsibility fur liabilitics[hat accrue to the subjml
pmperry or ro the improvemrn[s [hercon, including any and all drainage or special assessments m [ancs of every kind and
description which are now m may be hercafter lawfully assessed and Ievied agains[ [he suhject property dunng[he effec[ive
penod of this cesemenl whfch res�lt fram[he gran[of[his easement o�[hc activities ofGran[ec hcre�nder_
12. REMOVAL OF STRUCTURES�ADMINISTRATIVE FMES: If[hc Gran[ee docs no[ remove eaid strucNres' and
equipmenl uccupying and erccted upon the premises aRer expiratiun or caneclla[ion of thix easement, such s'tneWres and
cquipmrnt will be decmcd f'orfcited m[he Gnn[or,and the Gran[or may au[horiae rcmoval and may sell mch forfcited shucmres
and equi0mem afte�[en Q 0)days wn[[eu no[ice by certfFed meil addressed m fie Grnntee at[he address spuified I�paragraph
10 or a[such address on record as pmvided�o the Grantor by [he Granlee. Floweveq such remedy shall be in addition ro all
other remedies availablc lo Grxntor under applicable laws, rules and regulations including the right to cumpel removal a(all
svuc[ures and lhc�ight tu Imposc admi�istrative fincs.
Puge 2 uf 7 Pagcs
Soverefgnty Submcrged lands Eascmcnt No.43019
13_ LNFORCGMF.NT OF PROVISIONS: No failurc, or successive failurcs, on the part nf[hc Granbr to enfnrce any
provision,nor any waiver or successive waivers on its part of any pmvision hereiq shall opera[e as a dischurge thereof'or render
the same inoperative or impair[he righl uf Ihe Ganmr m cnfo¢c the same upon any rcnewal thereof or in thc cvcnL of subsequent
brcach or breaches.
14. AMENDMCNT/INODIFICATIONS'. This' easemen[ is [hc cnlire and only agrecmcnl belween [he partics. f�
provfsions arc nol severable. Any amrndmen[ or modifica[ion ro [his easement must be in wri[ing and mus[ be accepted,
acknowledged and cxccutcd by the Gran[ec and Granror.
I5. USACE AUTHORI7.ATION: Prior to commencement of ronstruction anNor activitics aulhonzed hereiq[he GranMc
ahall ob[afn [hc U.S. Artny Coms of Engiveets (OSACE) pertnit i(il itl req�ircd by thc USACE. Any moditica[ions ro lhe
ronstruction a�d/or ac[ivi[ics authorized herein tha�may bc required by[he USACti shall require considem[ion by und[he pnor
wriLLrn appmval of[hc Granror prior m thc commcncemenl ofmns[ruction and/m any ac[ivi�ics an sovcrcign,submerged lands.
16. ADDITIONAL STRUCTURES OR ACTIVITIES/P.MERGENCY STRUCTUBAL REPAIRS: So addi�io�al
s[ruc[ures shall be crecled and/or ac[ivitics undertaken,including but m[limired W,dredging,rdocation/realignmen[or majar
repairs or renova[ions made to uulhorized s[rucmres, oq in or over sovcrcignty, submerged lands without the prior wri[mn
mnscnt from [he Granmr,wrth thc cxceplion nf emergcncy rcpairs. Unless specifically aulhorired in writing by [hc Granmr,
such ac[ivi[ies ar s[rucmres shall be considered unau[hori'ttd and a viola[ion of Chapler 253,Florida 5[amres,and shall subjec[
the Grantee m administralive fines under Chap�cr 18-14,Florida Administrativc Code. If emergcncy rcpairs nre reyuired ro bc
undertzken in the inlercsti of public hcalth, snfety ur wel(are,�he Granlee s'M1all noti(y�he Grantor uf such repairs as quickly as
fs precticablc;pmvfded,howwcq[hat such emergency activi[irs s'hall not execed[hc netivities authonzed by[his casem�rot.
17. UYLAND RIPARIAN PROPF.RTV MTEREST: Dunng the [ertn af this easement, Gran�ec musl have salisfacmry
evidence of suffmic�l�plend inlerest as defined i�subsulion I8-21.003(fi5),Flonda Admlvishative Code,to lhe ex[ent requimd
Ay parag�aph 18-21.004(3)(b), Flodda Administra[rve Code, in o�der to conduct Ihe ae[ivily des'�'bed in thls casement I!al
any timc dunng [he [crm of[his' easement, Gran[ce (ails' lu comply with this reyuiremen[, usc of sovcreignty, suAmergcd
lands descrfbcd in this eesemevt shall Immedietely cease and[his cazement shall terminam and title lu thie eascmcv[shell revert
ro and vest in lhe Gravto�Immedialety and au[omafically.
�Remainder o(page Intentionalfy le(l hlank,-Signa(ure page(o![nw.v]
Pagc 3 of 7 Pages
Sovereignty Submcrgcd Lands Easemen[No.43019
N WITM1ESS WHBRCOF,thc Granror and lhe Gran[ee have execu[ed[hfs instrumenron fic day and ycar firs[abovc wnRcn.
WI"fNF'SSF.S:
BOARD OF TKUSTEES OF THE INTERTAL
SignaWrc: IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA
Printcd Nema (SEAL)
Address: 3800 Cummonwealth Blvd B�''�
I3rad&ichardson,ChIeG Bwexu ofPublic Lend
Tallahassee FL 32399 Adminis'aenoq Divfsfon af S[atc Lands,Sm[c of Ylondn
Department of Emironmenml Prufectioq as agenl f'or
Signa[urc and on behalf of the Roard of Trus[ees of[he In[emal
7mprovement Trus[Fund of[hc S�atc of Flonda
Pnnted Name�
Address:3800 Commonwealth Bivd
Tellehassce FL 32399 "GRANTOR"
STATE OF FLORIDA
COUNTYOFLEON
The foregoing instrument was'neknowledged before me by means ofphysical presence this day of
20_,by Brad Richardson Chief Rureau ofPublic Land Administration Division of State Lands Sta[e ofFlorida
D o � � f F 'r nm tal I'rn[ce[ion az a cn[for and on behalFuf the Roard of Trus[ees of thc Intemal Imoroveme�l Trusf
Fu�doCtheSlaleofFlonda. Heispexsouallylmown[omc.
APPROVCD SUBJFCT TO PROPER GXBCUTIOM1':
�By� �•�j�y�—�NG,�yt ���Z324z4 Natary Public,State ofPlonda
DF.P A[mmey Da[e
Pnnled,Typcd or S�amped Name
My Cummission F.xpires:
Commission/Scrial No.
Pagc 4 af 7 Pagcs
Sm�ereignty SuFmerged Lands Eascmcn[No.43019
WI7'NESSES C'tV fMiam� Bcach Flonda fSCAU
Signature: BY�
Original SiymaNrc ofCxewting Aufhority
Pnnted Name'
S[eve Meincr
Address: Typccl/!'nn[ed Narnc o(Executing AuNarity
Ma r
Title of Exccu[ing Aufhonty
Signamre:
Prin[ed Name:
Address:
"GRANTEB'
STATE OF
COUNTY OF
The foregoing instrument was acknowlcdgcd before me by mcans of_physical prescncc or oNine natanza[ion this
day of ,20 ,by Sleve Meiver as Mava[ Co[and ov bchalCof CiN of Miami dcech Flonda. He
is personally kmxm lo me or who hac produced ,as ide�liflcalion.
My Commissian Expires:
Signahvc of Notary Public
Notary Public,Stale of
Commiss'ion/Serial No. Prinled,Typed or Slamped Name
Page 5 of 7 Pages
Swcreignty Submcrgcd I.ands Eascmcnt No.43019
SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
MIAMI-DADE COUNTY
SECTION 23- TOWNSHIP 535- RANGE 42E
EXHIBIT "A"
SURVEYOR'S NOTES:
1. THIS LEGNL pESCRIP110N IS NOT BASED ON A BOUNDARY SURVEY.
2 NOT VALID WIIHWT THE SIGNATURE AND THE ORIGINAL RAISED SENL OF A F�ORIDA LICENSED
J.SHOWN COORpINATES ARE REFERRED TO NAD 83-1990/ 2111 FEVISION.
SURVEVOR AND MAPPER.
4. COMPLETiON DATE: 09.1J,202J
LEGEND:
1. MDCPR DENOTES MIqMI DAOE COUNTY PUBIIC RECOROS
2. POB DENOTES POINT OF BEGINNING
3. POC DENOTES POINT OF COMA4ENCEMENT.
4. POT DENOTES POINT OF TERMINATION
5. ORB. DENOTES OFFICIAL RECOftD BOOK
6. PB DENOTES PLAT BOOK
]. PG �ENOTES PAC{
8. RGE �ENOTES RANCE
9. SEC DENOTES SECTION
10. TWN DENOTES TOWNSHIP
11. A.K.A AL50 KNOWN AS
SURVEYOR'S CERTICATE
I HEREBY CERi1FV: THAT THE LEGAL DESCRIPTION AND SkETCH OF THE PORTION OF LAND
DESCRIBED HEREON WNS MADE UNDER MY SUPERVISION AND THAT THE LEGAL DESCRIPTION AND
SKETCH MEET THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARp OF PROFESSIONAL
SURVEYORS NN� MAPPERS iN CHAPTER SJ-1J FLORI�A HDMINISTRATVE CODE PURSUANT t0 SECTION
4]2 FLORIDA STANTES. AND. THAT THE SKEiCH HEREON IS TRUE AND CORRECT TO THE BEST OF
MY NNOWLEDGE ANO BELIEF. SUBJECT t0 NOiES AND NOtAT10N5 SHOWN HEREON. TMIS SKETCH
DOES NOT REPRESENT A LAND BOUNDnRV SURVEY.
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�. VICINffY MIAP --
xi5. FERNANW FERNANDEZ
PROFESSIONAL SURVEYOR AND MAPPER
PAGE 1 OF 2 LICENSE LS 6�65. FLORIOA
PREMIERE OESIGN SOLUTIONS INC PROJEC� No: ORAWN OAiE:
11606 PROMENADE CIiY HALL 212��012 09.1J I023 CHECKEO: FF
sui� zoa, urRnMae, ri �jozs EASEMENT FOR 20in WM ALONG W 47 ST
954231]850 i �
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Annchmem A
Page fi of 7 Pagcs
Sovicecignty Subme�ged Lands Fasanent No.43019
LEGAL DESCRIPTION AND SKETCH EXHIBIT "A'"
MIAMI-DADE COUNTY
SECTION 23- TOWNSHIP 535- RANGE 42E
LEGAL OESCRIPDON
A PORiION OF THE SOVEREIGN SUBMERGED LANDS OF MIqMI BEHCH, AS SHOWN ON THE FOLLOWING PlATS
AND OFFlCIAL RECORDS: THE RIGHT OF WAY MAP SECTION 8]O16 OF FLORI�A DEPARTMENT OF
TRANSPORTATION RECORDS AND FLAMINGO TERRACE SUBDIVISION, AS RECORDED IN PUT BOOK 10, AT
PAGE 3. OF iHE PUBLIC RECORDS OF MIAMI-DADE COVNTY, FLORI�A, LYING IN THE SOIJ�HWEST 1/4 OF
SECTION 23 TOWNSHIP 53 SOUTH RHNGE 42 EAST, MIAMI-DADE COUNiY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS�.
COMMENCE AT THE NORTHEAST CORNER OF LOT 29 BLOCK 3 ACCOR�ING TO THE PIAT THEREOF, AS
RECORDE� IN PLAT BOOK 10 PAGE 3 OF THE PUBLIC RECOR�S OF MIAMI-DADE COUNiY, STAiE OP
FLORIDA; THENCE N84'S1'01"W ALONG THE NORTHERLY LINE OF SAID LOT 29 BLOCK 3 AS A BA515 OF
BEARINCS FOR A DISTANCE OF 1].49 FEET{ THENCE MS"14'44"E FOR A DSTANCE OF 3�.4T FEEi TO
THE POINT OF BEGINNING�, THENCE CONTINUE N15'14'44"E FOR q DISTANCE OF 15.00 FEET; THENCE
5]6'2272"E FOR A DISTANCE OF 31522 FEET�, THENCE S1P58'37W FOR A DISTANCE OF 15.W FEET;
THENCE N]622'32'W FOR A DISTANCE OF 316.0] FEEf TO THE PO�NT OF BEGINNING.
541� LANOS LVING AND BEING IN MIAMI-DA�E COUNIY, FLORIDA
CONTAINING 4J32J4 SpUARE FEET MORE OR LE55.
..! ��v� � N
SKETCH SCALE 1:60
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I PAGE 2 oF 2
PREMIERE OESIGN SOWTIONS INC. I PROJECT No: DRAWN DAiE� CHECKEO: FF
11606 PROM£NADE CITY HALL Zzz�00�z 09.132013
SUnr 200. MIRAMAR, FL 35025 II EASEMENT FOR ZOin WM ALONG W 41 ST
9542D J8W
POSQPDS-ENGCOM i n �� � �-�� �--
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�— — _
AUachmem A
Page 7 of 7 Puges
Sove�cignly Submergcd Lunds EasemenWo.43019
Resolutio�s -C7 T
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of ihe City Commission
FROM: Eric Carpenter, City Manager
DATE: Apnl 23, 2025
TITLE: A RESOLUTION OF THE MAYOR AND COMMISSION Of THE CITY OF MIAMI
BEACN, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE, IN THE FORM ATTACHED TO THIS RESOLUTION AS
EXHIBIT A, THE SOVEREIGNTY SUBMERGED LANDS EASEMENT (EASEMENT
NO. 43019), BV AND BETWEEN THE CITY (GRANTEE) AND THE BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA (GR4NTOR), FOR A TERM OF FIFTY (50) YEARS, COMMENCING
RETROACTIVELY ON JUNE 5,2024, FOR USE OF AN EASEMENTAREA HAVING
APPROXIMATELY 4,732.74 SqUARE FEET (EASEMENT AREA�, LOCATED
WITHIN A PORTION OF THE SUBMERGED LANDS OF INDIAN CREEK,
UNDERNEATH 41ST STREET, FOR THE PURPOSE OF RELOCATING, AT THE
REQUEST OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (fDOT),
THE CITV'S WATERMAIN FACILITIES FROM THE 41ST STREET BRIDGE TO
THE EASEMENT AREA, AND THEREAFTER CONTINUING TO OPERATE AND
MAINTAIN THE WATERMAIN FACILITIES WITHIN THE EASEMENT AREA.
RECOMMENDATION
The Administration recommends approving and authorizing [he Sovereignty Submerged Lands
Easement, in the fortn attached [o the Resolution attached hereto.
BACKGROUNDIHISTORY
On December 13, 2023, [he Mayor and City Commission (City Commission)approved a reques[
to award a contrect, pursuant to Invitation To Bid pT6)2024-048-JP for water main aerial crossing
aiong West 41�' Street Bddge belween Pine Tree Drive and Indian Geek Drive replacement.
The scope of work for Ihis project was outlined in the City's Water System Master Plan (Master
Plan) da[ed October 2019, projed W-39- The work includes [he complete replacement of [he
existing i6-inch cast-iron aerial water main crossing that is currently attached to Ihe 41st Street
Bridge hetween Indian Creek and Collins Avenue. The exis[ing water main was approximately
seventy (70) years old antl was pnontized in [he Master Plan due to the high prohability and
consequence of(ailure. In addition,the hydraulic modeling pertormed by Ihe City detertnined Ihat
upsizing the syslem to a 20-inch diameter ductile iron pipe, woultl provide the required Flow
capacity to support the anticipated growth and increasing demands along Collins Avenue in Ihe
Mid-Beach area. The water main was replaced and moved to Ihe 41 st Street Bndge, with a route
that had approximately 1,2801inear feet(LF) in length, with 920 LF HDPE DR 11 Pipe (20-inch),
300 LF Ductile Iron Pipe (20-inch), and 60 LF Ductile Iron Pipe (i6-inch).
The Florida Department of Transportation (FDOT) Ihereafter planned a complete bridge
rehabilitation project requinng lhe complete removal and relocation of the existing overhead water
main.
The Florida Deparlment of Environmental Protection (FDEP)has determined that the replacement
qualifes tor and requires a public Sovereignty Su6merged Lands Easement in order to move [he
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exisling water main to an easement area, located within a portion of the submerged lands of
Indian Creek, underneath 41s� SVeet, lying in lhe Sou[hwest 1/4 Section 23, Township 53 South,
Range 42 East, in Indian Creek, Miami-Dade County, Florida, as more particulady described in
the easemenL The easement, a copy of which is attached to this ResoWtion as Exhibit A,
describes an easement area having approaimately 4,733 square feet and use o(the easement
area (or a term o!50 years, commencing reVoactivety from June 5, 2024.
The City has reviewed all documen[s provided and has de[ermined lhat the City's property
interests are not adversely aftected, and that the easement would serve an important public
purpose.
FISCAL IMPACT STATEMENT
No fscal impact.
CONCLUSION
The Administration recommends approving and aulhorizing the Sovereignty Submerged Lands
Easement, in the fortn attached to the ResoWtion atlached hereto.
Aoolicable Area
Middle Beach
Is this a "Residents Riaht to Know" item Is this item related to a G.O. Bond
pursuant to CiN Code Section 2-17� Proiect?
Ves No
Deoartment
Public Works
Condensed Title
Ezecule Sovereignry Submerged Lands Easement w/Board o�Truslees (41st Street). PW
Previous Action IFor Citv Clerk Use Onlv)
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