C7Q-Accept Easements Public Access Bicycle And Pedestrian Path - BeachwalkCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting Easements From Heafey/Bentley Management, Lie, Located At 101 South Ocean
Drive; South Of Fifth Condominium Association, Located At 121 South Ocean Drive; And Komar
Investments, Inc., Located At 161 South Ocean Drive; For The Construction And Maintenance Of An
Extension To A Public Access Bicycle And Pedestrian Path Known As The Beachwalk.
Key Intended Outcome Supported:
Maintain Miami Beach public areas and Rights-of-Way Citywide
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
I Shall the City Commission adopt the resolution?
Item Summary/Recommendation:
The City is developing an at-grade pathway known as the Beachwalk, which runs along the western edge
of the dune system. Individual projects are being constructed to create a continuous trail network providing
better access for alternative transportation along the beach. To date, the City has completed the segments
from Government Cut to South Pointe Drive and from Lummus Park to 23rd Street, has a boardwalk from
23rd Street to 47th Street, and has completed the segment from 64th Street to 79th Street where a
connection is made to the North Shore Open Space Park that extends to Bih Street. The City is also
negotiating with a consultant to begin designing the segment from 4ih Street to 641h Street.
The portion of the Beachwalk between South Pointe Drive and Lummus Park is under design. It will create
a multi-purpose public access corridor running along the western edge (upland side) ofthe sand dunes, on
the eastern edge of the beachfront properties.
At this time, staff has successfully negotiated easements with the three properties between 151 Street and
Marjory Stoneman Douglas Park (Attachments C, D, and E). With these easements, the City can permit
and construct a 1 ,200-foot segment of the Beachwalk from South Pointe Drive to 3rd Street. It is
estimated that permitting will take six months. JOC proposals will be solicited upon receipt of the
request for additional information from the Florida Department of Environmental Protection. Therefore, the
proposal can be finalized and executed upon permit issuance. Construction of this project is estimated to
be a further six months. Therefore, this Beachwalk segment will likely be completed in January 2013. The
project is funded with a $1,000,000 grant, resort tax, and South Pointe RDA funds.
Staff is still negotiating easements with the properties between 3rd Street and 51h Street.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account
Funds: 1
I I 2
OBPI Total N/A N/A
Financial Impact Summary: N/A
Si n-Offs:
MIAMI BEACH 277
AGENDA ITEM G 7 Q
DA.TE rz..-((/-1/
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 14, 2011
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO ACCEPT EASEMENTS FROM HEAFEY/BENTLEY
MANAGEMENT, LLC, LOCATED AT 101 SOUTH OCEAN DRIVE; SOUTH OF
FIFTH CONDOMINIUM ASSOCIATION, LOCATED AT 121 SOUTH OCEAN DRIVE;
AND KOMAR INVESTMENTS, INC., LOCATED AT 161 SOUTH OCEAN DRIVE;
FOR THE CONSTRUCTION AND MAINTENANCE OF AN EXTENSION TO A
PUBLIC ACCESS BICYCLE AND PEDESTRIAN PATH KNOWN AS THE
BEACHWALK.
ADMINISTRATION RECOMMENDATION
The administration recommends adopting the resolution.
BACKGROUND
The City of Miami Beach has an agreement with the Board of Trustee of the Internal
Improvement Trust Fund of the State of Florida to manage the state owned beaches east of the
Erosion Control Line within City limits. As part of its management effort, the City is developing
an at-grade pathway known as the Beachwalk, which runs along western edge of the dune
system. The Beachwalk is one of the main trail systems of the Atlantic Greenway Network,
which is a series of bicycle/pedestrian/greenway facilities.
Individual projects are being constructed to create a continuous trail network providing better
access for alternative transportation along the beach. To date, the City has completed the
segments from Government Cut to South Pointe Drive and from Lummus Park to 23rd Street,
has a boardwalk from 23rd Street to 4ih Street, and has completed the segment from 64th Street
to 79th Street where a connection is made to the North Shore Open Space Park that extends to
87th Street (Attachment A).
The portion of the Beachwalk between South Pointe Drive and Lummus Park is under design
(Attachment B). It will create a multi-purpose public access corridor running along the western
edge (upland side) of the sand dunes, on the eastern edge of the beachfront properties. The
2,400-foot corridor will interconnect area business districts, cultural & tourism centers,
residential neighborhoods, parking facilities, parks, schools, and the beach.
278
Beachwalk II Easements
December 14, 2011
Page 2of2
ANALYSIS
At this time, staff has successfully negotiated easements with the three properties between 1st
Street and Marjory Stoneman Douglas Park (Attachments C, D, and E). With these easements,
the City can permit and construct a 1 ,200-foot segment of the Beachwalk from South Pointe
Drive to 3rd Street. It is estimated that permitting will take six months. JOG proposals will be
solicited upon receipt of the request for additional information from the Florida Department of
Environmental Protection. Therefore, the proposal can be finalized and executed upon permit
issuance. Construction of this project is estimated to be a further six months. Therefore, this
Beachwalk segment will likely be completed in January 2013. The project is funded with a
$1,000,000 grant, resort tax, and South Pointe RDA funds.
Staff is still negotiating easements with the properties between 3rd Street and 5th Street. Once
these easements are obtained, the City will permit and construct the Beachwalk segment that
will connect Marjory Stoneman Douglas Park to Lummus Park.
CONCLUSION:
The Administration recommends that the Mayor and City Commission accept the easements.
Attachments:
A-Atlantis Greenway Network
B-Beachwalk II Schematic Design
C-Easement-101 South Ocean Drive
D-Easement -121 South Ocean Drive
E-?fs_:ment -161 South Ocean Drive
JMG/D~FHB/~
T:\AGENDA\2011\12-14-11\Beachwalk II easement memo.doc
279
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO ACCEPT EASEMENTS FROM
HEAFEY/BENTLEY MANAGEMENT, LLC, LOCATED AT 101 SOUTH
OCEAN DRIVE; SOUTH OF FIFTH CONDOMINIUM ASSOCIATION,
LOCATED AT 121 SOUTH OCEAN DRIVE; AND KOMAR INVESTMENTS,
INC., LOCATED AT 161 SOUTH OCEAN DRIVE; FOR THE
CONSTRUCTION AND MAINTENANCE OF AN EXTENSION TO A
PUBLIC ACCESS BICYCLE AND PEDESTRIAN PATH KNOWN AS THE
BEACHWALK.
WHEREAS, the City has an agreement with the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida to manage the state owned beaches east of the
Erosion Control Line within City limits; and
WHEREAS, the Beachwalk is one of the main trail systems of the Atlantic Greenway
Network, which is a series of bicycle/pedestrian/greenway facilities; and
WHEREAS, as part of the management, the City is developing an at-grade pathway
known as the Beachwalk, which runs along the western edge of the dune system; and
WHEREAS, portions of the hardpack area west of the Erosion Control Line and the
dune system are privately owned; and
WHEREAS, the City will need to obtain easements to construct the Beachwalk in
these areas; and
WHEREAS, staff has successfully negotiated easements with the three properties
between 1st Street and Marjory Stoneman Douglas Park.
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 accept
easements from Heafey/Bentley Management, LLC, located at 101 South Ocean Drive; South
Of Fifth Condominium Association, located at 121 South Ocean Drive; and Komar Investments,
Inc., located at 161 South Ocean Drive; for the construction and maintenance of an extension to
a public access bicycle and pedestrian path known as the Beachwalk.
PASSED AND ADOPTED this 14th day of December, 2011.
ATTEST:
Robert H. Parcher, City Clerk Matti Herrera Bower, Mayor
12j:1}s
D te
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280
ATI'ACHMENT A
Atlantic Greenway Network: Coastal Pathways
281
ATI'ACHMENT B Schematic
~ EDAW 1 AECOM 6 BEACH WALK
282 SCHEIIf!P.Y!C DESIGN.··.
MARJORIE STONEMAN
DOUGLAS OCEAN BEACH
PARK-SOUTH END
G EDAW I AECOM
283
BENT CREEK PAVER ACCENTS
CONCRETE PAVER PATH
TRIADA LIGHTING
1"= 16'
BEACH WALK
SCHEM!J.YIC DES~G.N
A'ITACHMENr C
Prepared by and Rewrn to:
RAUL -.I. AGUILA,. Esq.
Office of the City Attorney
Clf¥ ofMJaml Beach
1700 Convention Center Drive
Miami Beach, FL 33139
GRANT OF PI!RPEJUAI. EASEMENT FOR Bi:AtH\VAlK PROJECT r:f ~tf :Nilll'f ~~~ljr1~~,L.t.C. ~ . c~·
WHEREAS. / Is the OWner of that certafri property ~ft.·~. fYlng and b.elng fn
Miami Dade" County. Florida, more particularly described as the Z .. fherelnafter caJled ·'the
"Property"} located at ~rilf Beath, Florida and as shown In the sketch ln ExhJiilt A, attached
heretoandlncorporatedhereln;ana;--.... {ct s.rv-rrf ~~ b~{tJ£ 1 ,....,~; Jdrc-111 FLo~UA
WHEREAS, on or about March 13, 1982, the. City of Miami Beach {hereinafter called the "Cfty'"J
entered Into that certain agreement entitled, "Management Agreementtor Certain lands Jn the Clnt of
MfamJ Beach, Florida" {Agreement Number 750-0006}, as amendeil, wlth the Trustees of the lnrirn.aJ
lmp(~ment Trust Fund of th"e State of Florida, gr~ntlng the City the right to exercise managerrt,ent
authqtlf¥ over the State owned ~}each east of the Erosion Control Une (ECL}, within the City of Ml~ml
Beach, lncludlng that certain area landward and seaward of the dune; and, ·
WHERI:AS, the t:lty Intends to develop an at-grade pathway, which Includes tanckcapJ,ng,
lighting. and Irrigation, along the westward side of the dune connecting to the existing walkway frontrng
Lummus Park; and,
WHEREAS, In Otd~r to develop the Beachwalk Project the Cfty requires that the Owner herein
gr~nt a perpetual easement to the City for use as an at-grade, recreatronal corridor, the Installation and
maintenance of landscaping and aJI related appurtenances, or such other public use In conjunctfon Y{ith
the City's development of the Beachwalk Project, across that certain parcel of land. approximately ~hty
f20} feet fn width, running along the Erosion Control Une fEClJ, as such parcel Is more particular~
aescrlbed In the legal description ln Bchlbft a attached hereto and Incorporated herein (hereinafter called
the •Easement Parcei~J.
NOW THEREFORE, In consideration of ten doUars ($1d.OOJ and other !iOdd and Valuable
conslder.atlon, the receipt and sufflclency ofwhfch Is hereby acknowledged. the Owner by the:re presen~
hereby grants, sells, and conveys to the City, Jts successors and assigns, a perpetual ~asement on, In, CJnd
over the Easement Parcel for the purpose or Installing, laying. constructing, operating, Inspecting,
maintaining, repairing, and replacing a recreational corridor In conjunction with the City's ctevelopmen~ of
the Beachwalk Project. This easement and rights granted herein shall be perpetual and shall be posses$ed
and enjoyed by the City. Its successors and assigns, tor the purposes stat~d herqln, provided. however.
that the OWner hereby reserves aJI right. tlHe. Interest and prMiege and the full el!loyment of such
Easement Parcel and the use thereof for all purposes not Inconsistent with the use specified above.
The Owner and the City further agree to the foflowrng:
I. Owner hereby grants to City, Its employees, conttactors, or representatives, the permanent right and
license for purposes of Ingress and egress to and 1tom the Easement Parcel for the purposes of laying,
censtructlng, operating, Inspecting, maintaining, repairing, and replacing the Beachwafk Project
2. City shall deriver notfce of Its Intention to commence construction 6fthe Beachwafk PrQJect to OWner
at teast thirty {30J days prior to the date set tor such commencement.
3. FOllowing compretron of the Beachwalk Project. City shall have the sole responsibility and shaJI bear
the ~owl cost for the maintenance of same, except for any repairs or maintenance arising ft'om the
negligence of the Owner or any successor thereto.
Page I of
284
~~
IN WrrN~ WHEREO~ urfdersfgned has caused this grant of perpetual ea$errient to be
executed this ...![:L day of .lCHtr.
~
D< ~.(
Sfgna~1l!L ~ "-,-
Prlntname
"u~
STATE OF FLORIDA
COUNTY OF MIAMI-DADE'
I
J
J
t.ltl
ss:
. J:1 ~~z_.u lnstrwnent was :="~owledged before me this day of ___, ~-by
wt.,.....:'FIIl"V as 61tJN~ ~U· of the Property/Easement Parcel. He Is ~rsonally
if llifMelfieatfeA aAd dfQ take aA eath:
My Commission EXpires:
Typed, prlnted or stai'l1ped name of Notary Public
Page3or4
285
ATTEST:
Clf¥Clerk
STATE OF FLORIDA
COUNTY·OF M~Mf-DADE
J
J
J
SS:
CITY:
CITY OF MIAMI BEACH, a Florida Munldpal
cQrporatlon
Mayor
Th.e foregoing Instrument was acknowledgetl before me thfs day of . 2010, by
Matti Herrera Bower, as Mayor, and Robert Parcher, as City Clerk, of the City of Miami Beach, a municipal
corporation of the State of Frorfda. He/She Is personal~ known to me or has produced
as ldentlflcatron and dld take an oath.
Notary P.~bflc
l}tped, printed or stamped name of Notary Public
My Commission Expires:
F:\wolk\$ALLV I} EMPLOYEe FOLDER$\USA SOTERO\BEA"CHW..ALK 11\E'asemenfs\PERPETll}\1: EASEMENT-templale-J.docx
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286
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