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Recorded Sovereignty Submerged Lands Easement Easement Number 43019 I Illil�fllli IIIII Ii�EI�IIf1 allil lflll�ilC III! . ��-Fr� ��_�:��:�_��-��s�� ,:sR BY, 's4E71 F9s 85�-8G4 (9F9s? �:F.t=OE'L�i_.D �17�29/?E;i25 t�n.]9�t 5 ��E.E.0 Dt:��: '?�-�X $i i.f�i t S�JItT:�X �i�:,45 !i1f�N FEF:��tf�NUE:r-E.rrR[ii_tlhl �:!_l::�'I�; OF T'I�F, t:i7lJ�'T c� ;::t:ll1F'TR�i.l._'r�i�; This Instrument Prepared By: i �. ;J..�;ft.,F. f:i i�.�t!i';'; r 4_ Lisa-Marie Raulerson Action No.49615 Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassec,Florida 32399 BOARD OF TRUSTEES OF THE(NTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREICiNTY SUBMERCiED LANDS EASEMENT E.ASEMENT NO. 43019 BOT FILE NO. I 30367146 PA NO. 13-0437752-002-EI "CHIS F.ASEMENT is hereby granted by the Board of Trustees of the[nternal[mprovement Trust Fund of the State of Florida,hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to City of Miami Beach, Florida, hereinafter referred to as the Grantee, a nonexclusive easement on,under and across the sovereignty lands,as defined in 18-21.003, Florida Administrative Code, if any,contained within the f'ollowing legal description: A parcel of sovereignty submerged land in Section 23 Township 53 South.Range 42 East in Indian Creek, Miami-Dade County, Florida, containing 4�square feet, more or]ess,as is more particularly described and shown on Attachment A,dated February I,2024. TO HAVE THE USE OF the hereinabove described premises f'or a period of 50 years f'rom]une 5,2024,the effective date of this easement. The terms and conditions on and for which this easement is granted are as follows: 1. U�E Or PROPGRTY: The above describcd parcei of land shall b:,used aolely for the operation ar.d maintenan�e of z subaqueous water main and Grantee shall not engage in any activity related to this use except as described in the State of Florida Department of Environmental Pro[ection Environmental Resource Permit No. 1 3-043 77 5 2-002-EI dated May 10, 2024, incorporated herein and made a part of this easement by reference. All of the foregoing suhject to the remaining conditions of this easement. 2. EASEMENT CONSIDER.ITION: In the event the Grantor amends its rules related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee fbr this activity,the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be prospective in nawre; i.e. they shatl begin to accrue on the date that[he amended rules become effective. 3. Vb'ARRANTY OF TfTLE/GUARANTEE OF SU[TABILITY OF USE OF LAND: Grantor neitherwarrants tide to the lands described herein nor guarantees the suitability of any of the lands for any particular use. [45J 4. RI_GHTS GRANTEI): 'fhc rights hcrcby grantcd shall bc subjcct to any and all prior rights of thc United Statcs and any and all prior grants by thc G•antor in and to the submcrged lands siluatcd within thc limits of this casement. 5. DAMAGE TO EASEMENT PKOPERTY AND INTL'RPLRENCE WITH PUBLIC AND PRIVAT� RIGHTS: Grantec shall not damage the easement lands or unduly interferc with public ur private rights therein. 6. GRANTOR'S RIGHT TO GRANT COMPATiBLF. L'SES OF TFIE EASt:MF,NT PROPF,RTY: This easement is nonexclusive,and the Grantor,or its duly authorized agent,shall retain[he right to enter thc property or[o engage in managemen[ activitics not inconsistent wiUi the use herein provided for and shall retain tlie right to grant compatibte uses of the property to third parties during the tenn of this easement. 7. RIGHT'f0 INSPEC'r: Grantor,or its duly au[horized agent,shall have the right at any time to inspect the works and operations of thc Grantcc in any mattcr pertaining to this cascmcnt. R. LIAB[LITY/INVES'I'I(iAT[UN OF ALL_CI.AIMS.: 'Phc Grantcc shall invcstigatc all claims of cvcry naturc at its expense. Eacli party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the ofticers, employees and agents thcrcof'. Nothing herein shall be construed as an indemnity or a waiver of sovercign immunity enjoyed by any party hereto,as provided in Section 768.28,Florida Statutes,as amended from time to time, or any other law providing limitations on claims. 9. ASSIGNMENT OF LASEMENT: This eascmcnt shall not be assigned or othcrwise transferred without prior written consent of the Grantor or its duly xuthoriced agent and which consent shall not be unreasonably withheld. Any assignment or othcr traiisfer without prior writtcn consent of the Grantor shall bc null and void and without legal cffect. 10. TERMINATION: The Grantee,by acceptance of this easement,binds itself,its successors and assigns,to abide by the provisions and conditions hcrcin set forth, and said provisions and conditimis shall be deemed coven<uits of the Grantec, its successors and assigns. In thc cvent the(:,rantee fails or refuses to comply with the provisions and conditions herein set forih or in thc cvent thc Grantee violates any of thc provisions and conditions hcrein,this easemcnt may bc terminated by the Grantor upon 30 days written notice to the Gran[ee. If terminated,atl of[he above-described panel of land shall revert to the Grantor. Any costs or expenses incurrcd by the Grantor in removing thc Grantec or its property fr�m the easement area shall be paid by the Graniee. All notices reyuired to bc�iven to the(iranlee by this easement or applicable law or administrdtive rules shall be suf'ficicnt if sent by U.S. Mail to thc following address: City ofMiami Beach,Florid Public Works Departmeut 1700 Convention Drivc Miami Bcach,Florida 33139 The Grantee agrecs to notity the Cirantor by certified mail of any changes to this address at Icast tcn(10)days before the change is effective. ]l. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilitics that accrue to thc sub�ect property or ro the irnprovements thereon, including any and all drainage or special assessments or taxes of every kind and description which arc now or may bc hcreafter lawfully assessed and Icvicd against thc subject proper[y during the cffectivc period of this eascment which result from the grant of this casement or the activities of Grantee hcrewider. 12. REMOVAL OF S'1'RUCTURES/ADMINIS7'RAT'IVG FINES: lf the Grantee does not remove said structures and equipment uccup}�ing and crected upon ttie premises afler expiration or cancellation of this easement, such structures and equipment will be decmed forfcitcd to the C,rantor,and the Gran[or may authorize removal and may sell such forfeited struc[ures and equipment after ten(10)days written notice hy certified mail addressed to the Grantee at the address specilied in paragraph 10 or at such address on rccord as provided to the Cirantor by the Cirantee. However,such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and regulations includiug the right to compel removal oC all structures and the right to impose administrative fines. Page 2 of 7 Pagcs Sovcrcignty Submerged Lands Eascment No.43019 13. LNFORC�MENT_OF PROVISiONS: No failure, or successive }ailures, on thc part of the Cirantor to enforcc any provision,nor any waiver or successive waivers on its part uf any provision herein,shall operate as a discharge thereof or render thc samc inoperativc or impair thc right of the Grantor to cnforcc Aic same upon any renewal thereof or in the event of subsequcnt breach ur breaches. 14. AMENDM�NT/MOUIFICATIONS: This eascmcnt is thc entire and only agr�cmcnt bctwecn thc partics. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executcd by the Grantee and Grantor. I 5. USACE AUTHORI"LATION: Prior to commenccment of construction and/or activities authorized herein,the Grantee shall obtain the U.S. Army Corps of Engineers (USACE) pcmiit if it is required by the USACE. Any modifications [o thc construction ancUor activitics authorized herein that may bc required by the USACE shall require consideration by and the prior written approval of thc Grantor prior to thc commencement of constniction and/or any activitics on s�vereign,submerged lands. 16. ADDITIONAL STP.UC7'URES OR ACTI`✓IT(GS/E,VIERGGNCY STRJCTURAL REPAIRS: No additional stivctw-es shall be ercctcd and/or activities undertaken,induding but not limited to,dredging,relocation/realignment or major repairs or renovations made to authorizcd strucnires, on, in or over sovcreignty, submergcd lands without the prior written consent from the Grantor,with the exception of emergency repairs. Unless spccifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253,Florida Statutcs,and shall subject thc Grantec to administrativc fines under Chapter 18-14,Florida Administrative Code. If emcrgency repairs are required to be undcrtaken in the interests of public health,safety or welfure,lhe Grantec shall notify the Grantor of such repairs as quickly as is practicabfe;providcd,however,that such emergency activitics shall not exceed the activitics authorized by this easement. 17. UPLAND RIPARIAN PROPERTY INTEREST: During thc tcrm of this easemcnt, Grantce must have satisfactory evidence of sufficient upland interest as defined in subsection 18-21.003(65),Florida Administrative Code,to the extent requircd by paragraph 18-21.004(3)(b), Florida Administrative Codc, in order to conduct the activity described in this easement. If at any time during the term of this eascment, Grantec fails to comply with this requircmcnt, usc of sovcreignty, submcrgcd lands described in this cascmcnt shall immedia[ely cease and this casement shall terminate and title to this easement shall revert to and vest in the Grantor immediately and automatically. �Xe�rrninder n/pa�e intentinrlullv!e�%[blu�:k;SiKrialure puge/uUn�v.rJ Pagc 3 of 7 Pages Sovereignty Submerged Lands Easement No.4301) iN WiTNL'SS WHEREOF,the Grantor and the Grantee have executed this instrument on the day and year tirst above written. WITNI:SSGS: BOARD OF TRUSTEES OI�TEIE INTERNAL Signature: � MPROVEMEN'I'TRUST FUND OF THE STATE OF' r/ �� F ORID Printcd Name:�� Q. �(IU.E�'C (SEAL) Address: 3800 Commonwcalth Blvd I3Y: Brad Richardson,Chicf,13urcau of Public Land Tall assee FL 32399 Administration,Division of State Lands,State of Florida Departmen[of Environmcntal Protection,as agcnt for Signature and on behalf of the Roard of Trustees of the Internal � Im rovcment Trust Fund of thc Statc of Florida Printed Name: ��,�1��4(, Q�0 i�p Address:3800 Commonwealth Blvd Tallahassee.FL 32399 "GRAN"t'OR" STATE OF FLORIDA COtJNTY OF LEON � / 20��The foregoing instrument was acknowledged before me by means of'physical presence this l ��rday of by Rrad RichardsuyChief,Rureau of Puhlic Land Administration,I�ivision of State T..ands,State of Florida DeparCmcnt of Enviro�m�ental Protection,as aQcnt for and on bchal f the ard of T stces of thc Intcrnal lm ovem Trust Pund of the State of Florida. k�e is personally known to mc. APPRC)VN'D SUBJEC"(' IO PROPER EXECUTION: � I ' -� — — ---- Notary Public,St te,q�'wi? ,�da /By,� �' 11/23/2024 :.�••' '••.�,•; CELEDA A.WALLACE :f. �:Commission#HH 504171 DEP Attorney Date �1:•...••P;'Expires Mareh 13,2028 %FOFFt�: .��. --__'__--- "_'_"'_'"-- '_'_'_-_'_" . Printed,"Cyped or My Commission Expires: Commissionl5enal No. Pagc 4 of 7 Pages Sovereignty Submcrgcd I..ands Easement No.43019 WTTNI;SSI:S: City of Miami B • Florida � (S�AL] Signature:__ __ �3y_ - --- --- Oi•iginal Signature of Executing Authority Printed Nati�AFAEL E. GRANADO �n Steve'�`Meiner Address: �00 Convention Center_ DT. Typed/Printed Name of Executing Authority Miami Beach, Florida 33139 -- —__— Mayor _— �� Title of Executing Authority Signa[urr� .��" �T� �� PrintedName: REG15 BQRB�� Address: 1700 Convention Center Dr. Miami Beach, Flori a "GRANTEE" STATE OI' �I�� COUNTY OF �' rn-'/^��'�`� *n The foregoin i �hument was ackn wledged before me by means of�physica(presence or online notariza[ion this �__,20�,by Stev� einer as Mavor,for and on bchalf of City of Miami Beach,F(orida. He is ersonally kno n to me or who has produced ___ _.___ ,as identifica[ion. �� J My •;�d�P�•• CHARLES J.DAGOSTIN -- �� ' MYCOMMISSION#HH165705 Signatureof otaryPublic :.; -;• -:;' EXPIRES:December 14,2025 Notary Public,State of �/�� '•'•.FOF 2��Q�� Bonded firu Notary PuMic Undenvriters CHARLES D'AGOSTIN Commission;Scrial No._ Printed,Typed or Stamped Name APPROVED AS TO FORM & LANGUAGE Pa�e 5 of 7 t�d�� &FOR EXECUTION Sovereignty Submerged Lands Easement No.43019 �'I��-4�`��,'�,�--' 0^� �� Ciry Attomey � �e SKETCH TO ACCOMPANY A LEGAL DESCRIPTION MIAMI—DADE COUNTY SECTION 23— TOWNSHIP 53S-- RANGE 42E EXHI BI T "A" SURVEYOR'S NOTE : 1. THIS LEGAL DESCRIPTION IS NOT BASEO ON A BOUNDARY SURVEY. 2. NOT VALIO WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED 3.SHOWN COORDINATES ARE REFERRED TO NAD 83-199�/ 2111 REVISION. SURVEYOR AND MAPPER. 4. COMPLETION DATE: 09.13.2023 LEGEND: 1. MDCPR DENOTES MIAMI DADE COUNTY PUBLIC RECORDS 2. POB DENOTES POINT OF BEGINNING 3. POC DENOTES POINT OF COMMENCEMENT 4. POT DENOTES POINT OF TERMINATION 5. ORB. DENOTES OFFICIAL RECORD BOOK 6. PB DENOTES PLAT BOOK 7. PG DENOTES PAGE 8. RGE DENOTES RANGE 9. SEC DENOTES SECTION 10. TWN DENOTES TOWNSHIP 17. A.K.A ALSO KNOWN AS SURVEYOR'S CERTICATE: I HEREBY CERTIFY: THAT THE LEGAL OESCRIPTION AND SKETCH Of THE PORTION OF LAND DESCRIBEO HEREON WAS MADE UNDER MY SUPERVISION AND THAT THE LEGAL DESCRIPTION AND SKETCH MEET THE STANDARDS OF PRACTICE SET FORTH BY THE FIORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472 FLORIDA STATUTES. AND, THAT THE SKETCH HEREON IS TRUE AND CORRECT TO THE BES7 OF MY KNOWLEDGE AND BELIEF. SUBJECT TO NOTES AND NOTATIONS SHOWN HEREON. THIS SKETCH DOES NOT REPRESENT A LAND BOUNDARY SURVEY. �__ _ �,1 � I FN►1 I � dE/�CH �! I � r '_""_ BROWARD 1 COLLIER �� ----�� .i'�iN�lA�l CREEK- �' �, �� Wd73TST � MWAI- I DAUt � '"_'__— � Digitally signed by � _�_„r�� Fernando FemandoFemandez Fernandez �te:2024.02.01 j d� 11:07:14-OS'00' VICINITY MAP - -- — N.7.S. FERNANDO FERNANDEZ PROFESSIONAL SURVEYOR AND MAPPER PAGE 1 OF 2 LICENSE LS 6765, FLORIDA PREMIERE DESIGN SOLUTfONS INC. PROJECT No: DRAWN DAIE� CHECKED: FF 11606 PROMENADE CfTY HALL 222�0012 �— 09J3.2023 _ suire zoo, MIRAMAR, FL 33025 EASEMENT FOR 20in WM ALONG W 41 ST 954.237.7B50 PDS�°DS-ENG.COM n � - ' — _ LB 8017 � r x (THlS PAGE fS NOT VAUD WITHOUT TH£ OTHERS) Attachment A Page 6 of 7 Pages Sovereignty Submcrged Lands Easement No.43019 �— FxHierr "A" LEGAL DESCRIPTION AND SKETCH MIAMI—DADE COUNTY SECTION 23— TOWNSHIP 53S— RANGE 42E LEGAL DESCRIPTION A PORTION OF THE SOVEREIGN SUBMERGED LANDS OF MIAMI BEACH, AS SHOWN ON THE FOLLOWING PLATS AND OFFICIAL RECORDS: THE RIGHT OF WAY MAP SECTION 87016 OF FLORIDA DEPARTMENT OF TRANSPORTATION RECORDS AND FLAMINGO TERRACE SUBDIVISION, AS RECORDED IN PtAT BOOK 10, AT PAGE 3, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, IYING IN THE SOUTHWEST 1/4 OF SECTION 23 TOWNSHIP 53 SOUTH RANGE 42 EAST, MIAMI—DAOE COUNIY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 29 B�OCK 3 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT f300K 10 PAGE 3 Or THE PUBLIC RECaRDS OF MIAMI—DADE COUNTY, STATE Of FLORIDA; THENCE N84'S1'01"W ALONG THE NORTHERLY LINE OF SAID LOT 29 BLOCK 3 AS A BASIS OF BEARINGS FOR A DISTANCE OF 17.49 FEET; THENCE N15'14'44"E FOR A DISTANCE �F 30.47' FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N15'14'44"E FOR A DISTANCE OF 15.00 FEET; THENCE S76'22'32"E FOR A DISTANCE OF 315.22 FEET; THENCE 511'S8'32'�W FOR A DISTANCE OF 15.00 FEET; THENCE N76'22'32"W FOR A DISTANCE OF 316.07 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND BEING IN MIAMI—DADE COUNTY, FLORIDA CONTAINING 4732.74 SOUARE FEET MORE OR LESS. .� ��1�� N SKETCH '�L■�:•j"" SCALE 1:60 _ __ �1; J --- _. i _ , .. � _ .,,�.. `� uosr / �, �� ..��W f.O.�R�(Y q�,UNf �NO�qN�RE pK �." `'�+� � �� ___- ' � �-_ M'°a s�cnqy e g+onr� �'a'"''/ /" � �.;1-�,"_ ' __ "'~-• ,o16n �� atipNat Natm�or w °� �-� � �' / ' IN F.0.0.T.R/N'MAG UNE AS SNONN .S��f BS,ge7a.3��R18F0 q�_`__ s,, " _ �l i •- .,� -•� s�cnori e�ms ��, kooCeJ - ENI �--�''n „ " � __"'.' '_" Ml1�I'OI'W 17�9' ' � '� �� "�.._"'�"�•.i _' _ -- -._.._.---��---�P�-- '�.l�s a gwa�ys� �",__,`_��'�-_� y \ E��2;,3� 110$T� ��d7A J1B.oT�-�� v��a �_��fN=p.O.Th�Y��SE n��fly w47$j$T ` ` �f A��__-' f �o � fasr coi `� 87pjs REET —�'�,�8 � Y�N FD.p.T RNf'�5 g�� F a �FUM�NCO TERR4Cf I � ' ` `- O BLOCK 3SUBONISiON' �MAP�CAQN 8I018 Y �P�B. 10, p� I � W M.O.C.P.R. 3� � � Q' � -•� V � �� g _ _ _ J �NOIqly CRFEK �\ 2 NOT A FIELD SURVEY � _ ---------------_ --_.___.__ ___ __ ____ _ ---______. � _.___ PAGE 2 OF 2 PREMIERE DESIGN SOLUTIONS 1NC. PROJECT No: DRAWN DA TE: CHECKED: FF 11606 PROMENADE CITY HALL 222�001� _ 09.13.2023 __ SUITE 200. MIRAMAR, FL 33025 EASEMENT FOR 20in WM ALONG W 41 ST 954.237.7850 PDS&1°DS—ENG.COM -- — -- L6 8017 � i (TH1S PAGE IS NOT VALID WITHOUT THE 07HER5) Attachment A Pagc 7 of 7 Pagus Sovereignty Submerged Lands Ease�nent No.43019 RESOLUTION NO. 20Z5-33608 A RESOLUTION OF THE MAYOR AND COMMISSION OF THE �ITY OF MIAMI BEACH, FLORIC)A, APPRQVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, IN THE FORM ATTACHEQ TO THIS RES�LUTfC?N AS EXHIBI7 A, THE SOVEREIGNTY SUBMERGED LANDS EASEMENT (EASEMENT NO. 43019), BY AND BETWEEN THE CITY {GRANTEE) APlD THE BOARQ OF TRUSTEE� �F THE iNTERNAL tMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (GRANTOR), FOR A TERM OF FIFTY(5Q)YEARS, COMMENCING RETROACTlVELY QN JUN� 5, 2�24, 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 RELQCATING, AT THE REQUEST OF THE FLORIDA DEPARTMENT OF TRANSPORTATtON (FDOT),THE CITY'S WATERMAIN FACILITIES FROM THE 41ST STREET BRiDGE TO THE EASEMEN7 AREA, AND THEREAFTER CONTINUtNG TO OPERATE AND MA{NTAIN THE WATERMAIN FACILITIES WITHIN THE EASEMENT AREA. WH�REAS, on Qecember 13, 2Q23, the Mayor and City Commission approved a request to award a contract, pursuant to lnvitation To Bid {iTB) 2024-048-JP For `(Vater Main Aeriai Crossing Along Wesi 4i51 Street Bridge Between Pine Tree Drive and In�ian Creed Drive Replacement; and WMEREAS, the scope of work for this pro�ect was outlined in the City's Water System fvtaster Plan (Master Pian} dated october 2019, project W-39; and WHEREAS,the work included the complete repiacement of the#hen existing 16-inch cast- iron aerial urater main crossing that was attached ta the 41�t Street Bridge between indian Creek and Coflins Avenue; and WHEREAS, the then existinG water main was a�proximately seventy (70j years old and was prioritized in the Master Ptan due to the high probability and consequence of failure: and WHEREAS, in adciition, the hydraulic rnodeling performed by the Gity determined that upsizing the systerrz t� a 20-inch diameter ductife iron pipe, would pr�vide the required flow capacity tc� support the anticipafed growth and increasing demands a{ong Collins Avenue in the mid-beach area; and WHEREAS, the water main was replaced and moved to the 415t Street Bridge, with a route that had approximately 1,280 linear feet(LF) in length, with 920 LF HDPE DR 11 Plpe (20-inehj, 300 LF Ductile Iron Pipe (2Q-inch), and 60 LF Ductile Iron Pipe (16-inch); and WHEREAS, the Florida Department of Transportation (FDOT) thereafter planned a complete bridge rehabi(itation project, requiring the cornplete removal and reloc�tfon af the existing overhead water main; and c�� e�, _��-��n �•� ��s� L..A�T F`A .�.�E WHEREAS, the Florida Department of Environmentai Protection (FDEP) has dete�mined that the replacement qualifies for and requires a public Sovereignty Submerged Lands Easement (��Easement'`j in order to move the existing water main to an Easement Area located within a portion of the submerged lands of Indian Creek, underneath 41S` Street, lying in the Southwest ',4 of Section 23, Township 53 South, Range 42 East, in Indian Creek, Miami-Dade County, Florida, as more particular{y described in the Easement (Easement No. 43Q19), 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 retroactively 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 CfTY COMMtSSION 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 (Grantorj, for a term of fifty (50) years. commencing retroactively on June 5, 2024, for use of an easement area having approximatety 4,732.74 square feet (Easement Area), locateci within a portion of the submerged lands of Indian Creek, underneath 415t Street, for the purpose of relocating, at the request of the Florida Department of Transportation (FDOT), the City's watermain facilities from the 41 St Street bridge to the easement area, and thereafter continuing to operate and maintafn the watermain facilities within the easement area. PASSED and ADOPTED THIS 2� day of � Yi�2022. AT7EST: � " � , �;�. :_..<.�. ; �(..�..�_ M _ j ✓� �` � Steven Meiner, Mayor �` �pR ? 9 ?.�i� Rafael E. Granado, City Clerk ,,,,,.......,,,,, ��,g�cy� � ' ; `:IMCOI�P OUAtE�� a }ti� �' ��4�C�r�„'�r APPROVEO AS 10 FORM &LANGUAGE &FOR EXECUTION _�J�� f-/,oI�sas r-- Clty Attorne�Y�� , Q-ote _�-�u fi