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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 ,,,«.-..,,, �B.Eqc�, z�3� h1, � 2 `�IMCOAP OIAEPn� ''�,4i�.;tia�; +„4k�..�ti' '�.�',�,H,w,^-'' APPROVED ASTO FORM &LANGUAGE &FOR EXECUTION f./io!�z T CiNAttomey ;- � Dote EXHIBfT � �'f 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. ��1 �x i muw --�wowxca�x- `£ WMSTST �$��I �E �:� �igitallysigredby Fernando iemandoFemandex ��' ,e� Fernandez �"`'������.o, t t 0>aa�os'oo• �. 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 � Pp56PD5-ENC.COM n Le H01� I� r i (TMIS PAGE �5 NOT VALID wliHOUi THE OTHERS) 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 ._. . . ._ _- . _ _ __ -- ..._ - _—__ .. .,----�--�T . _ _ __. ..�..�_ '��wros0��trR INpuH� � -,._ q /w RFE � M',y� CVa' M � C �_ 'Y WgA''9�' tlE(SV.1L 11�M t0i uN[AS ypy� ���\p� ` `�` ` � WlD01 p �0� G �lI��Q�- � � - /1�YMffCPME)016 F#� �ti�a.w �`�\�� �Xy '� -/ % � � � . . "�.. '�us�aol �\_ \_ ` ___ . . . _'"__� �, � � ,` � �.a'Sib�PW I �bSI ��*+Mor �� b Q E�����s o����Y4�tt MeWiqQ W�i3T3TREET�_`����i-�T�s � � � �..� �MUMLb �!H . W f00.I�y p Mb' '-�..�.. O (a.e.�OC"E�sueomsior � '���v maie � � , w u.oCPR' ]) � � ` h � �, O � INDyN �' 3 ----..�_ �REEK \ O NOT A�FlELD SURVEY � 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 �� � �-�� �-- LB e0il � r � (THIS PAGE IS NOT VALI� WITHOUT THE OTHERS) �— — _ 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 858 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) 859