HomeMy WebLinkAboutResolution 2026-34166RESOLUTION NO. 2026-34166
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A SOVEREIGNTY SUBMERGED LANDS
EASEMENT RENEWAL, 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 FEBRUARY 7, 2016 AND
EXPIRING ON FEBRUARY 6, 2066, FOR THE USE OF A TEN (10) FOOT
EASEMENT AREA CONTAINING 6,051 SQUARE FEET, MORE OR LESS,
LOCATED IN A PORTION OF THE SUBMERGED LANDS SOUTH OF THE
VENETIAN CAUSEWAY, LYING WITHIN THE NW 114 OF SECTION 33,
TOWNSHIP 53 SOUTH, RANGE 42 EAST, BETWEEN DI LIDO ISLAND ON
THE WEST, IN ACCORDANCE WITH THE PLAT OF DI LIDO, RECORDED IN
PLAT BOOK 8, AT PAGE 36, AND RIVO ALTO ISLAND ON THE EAST, IN
ACCORDANCE WITH THE PLAT OF RIVOALTO, RECORDED IN PLAT BOOK
7, PAGE 74, BOTH PLATS BEING RECORDED IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
THE EASEMENT ATTACHED TO THE CITY COMMISSION MEMORANDUM
ACCOMPANYING THIS RESOLUTION, FOR THE CITY TO OPERATE AN
EXISTING WATER MAIN CROSSING.
WHEREAS, pursuant to an existing Sovereignty Submerged Land Easement (the
"Easement") the City is using a ten (10) foot easement area containing 6,051 square feet, more
or less (the "Easement Area",) located in a portion of the submerged lands south of the Venetian
Causeway, lying within the NW 1/4 of Section 33, Township 53 South, Range 42 East, between
Di Lido Island on the West, in accordance with the Plat of Di Lido, recorded in Plat Book 8, at
Page 36, and Rivo Alto Island on the East, in accordance with the Plat of Rivo Alto, recorded in
Plat Book 7, Page 74, both Plats being recorded in the Public Records of Miami -Dade County,
Florida; and
WHEREAS, the Easement Area is currently being used for the operation of an existing
water main crossing, located at the Venetian Causeway, between Rivo Alto and Di Lido Islands
in Biscayne Bay; and
WHEREAS, the original Easement expired on February 6, 2016 and should have been
processed for formal renewal at that time; however, due to staff transitions, the renewal was not
completed; and
WHEREAS, the matter has since been identified by the Florida Department of
Environmental Protection (FDEP), which has requested the renewal of the Easement in order
to ensure compliance with State requirements; and
WHEREAS, in the event that the City no longer needs to utilize the Easement Area for the
operation of its water main crossing, the City may request a cancellation of the Easement, which
would be approved by FDEP administratively; and
WHEREAS, the City Manager recommends that the Mayor and City Commission approve
and authorize the Mayor and City Clerk to execute the Sovereignty Submerged Lands Easement
Renewal, between the City (Grantee) and the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida (Grantor), in the form attached to the City Commission Memorandum
accompanying this Resolution, for a period of fifty (50) years, commencing retroactively as of
February 7, 2016 and expiring on February 6, 2066.
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 a Sovereignty Submerged
Lands Easement Renewal, 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 February 7, 2016 and expiring on February 6, 2066, for the use of
a ten (10) foot Easement Area containing 6,051 square feet, more or less, located in a portion of
the submerged lands south of the Venetian Causeway, lying within the NW 1/4 of Section 33,
Township 53 South, Range 42 East, between Di Lido Island on the west, in accordance with the
Plat of Di Lido, recorded in Plat Book 8, at Page 36, and Rivo Alto Island on the east, in
accordancewith the Plat of Rivo Alto, recorded in Plat Book 7, Page 74, both Plats being recorded
in the Public Records of Miami -Dade County, Florida, as more particularly described in the
Easement attached to the City Commission Memorandum accompanying this Resolution, for the
City to operate an existing water main crossing. h,,.
PASSED and ADOPTED this /8 day of 1Vr6k 2026.
ATTEST:
R D 2 0 2026 Steven Meiner, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
-City Acid -homey J�„/ Dora
Resolutions - C7 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: March 18, 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A SOVEREIGNTY SUBMERGED LANDS EASEMENT
RENEWAL, 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 FEBRUARY 7, 2016 AND EXPIRING ON FEBRUARY 6,
2066, FOR THE USE OF A TEN (10) FOOT EASEMENT AREA CONTAINING 6,051
SQUARE FEET, MORE OR LESS, LOCATED IN A PORTION OF THE
SUBMERGED LANDS SOUTH OF THE VENETIAN CAUSEWAY, LYING WITHIN
THE NW 114 OF SECTION 33, TOWNSHIP 53 SOUTH, RANGE 42 EAST,
BETWEEN DI LIDO ISLAND ON THE WEST, IN ACCORDANCE WITH THE PLAT
OF DI LIDO, RECORDED IN PLAT BOOK 8, AT PAGE 36, AND RIVO ALTO ISLAND
ON THE EAST, IN ACCORDANCE WITH THE PLAT OF RIVO ALTO, RECORDED
IN PLAT BOOK 7, PAGE 74, BOTH PLATS BEING RECORDED IN THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN THE EASEMENT ATTACHED TO THE CITY COMMISSION
MEMORANDUM ACCOMPANYING THIS RESOLUTION, FOR THE CITY TO
OPERATE AN EXISTING WATER MAIN CROSSING.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the Resolution.
BACKGROUND/HISTORY
The City is currently using a Sovereignty Submerged Land Easement (the "Easement") for use of
a ten (10) foot easement area containing 6,051 square feet, more or less (the "Easement Area"),
located in a portion of the submerged lands south of the Venetian Causeway, lying within the NW
1/4 of Section 33, Township 53 South, Range 42 East, between Di Lido Island on the West, in
accordance with the Plat of Di Lido, recorded in Plat Book 8, at Page 36, and Rivo Alto Island on
the East, in accordance with the Plat of Rivo Alto, recorded in Plat Book 7, Page 74, both Plats
being recorded in the Public Records of Miami -Dade County, Florida.
The above -described Easement Area is currently being used for the operation of an existing water
main crossing, located at the Venetian Causeway, between Rivo Alto and DeLido Islands in
Biscayne Bay.
This Easement expired on February 6, 2016, and the Florida Department of Environmental
Protection (FDEP) is requesting the approval and execution of a Sovereignty Submerged Lands
Easement Renewal ("Easement Renewal"), between the City (Grantee) and the Board of Trustees
of the Internal Improvement Trust Fund of the Stale of Florida (Grantor), for a period of fifty (50)
years, commencing retroactively as of February 7, 2016 and expiring on February 6, 2066.
ANALYSIS
332 of 1677
The requested Easement Renewal is administrative in nature; however, due to staff transitions
from both the City and FDEP sides, the renewal was not completed. The matter has since been
identified and the FDEP is now seeking approval of the Easement Renewal, a copy of which is
attached, under substantially the same terms and conditions as the original Easement to ensure
continued compliance with State requirements. In the event that the City no longer needs to utilize
the Easement Area, the City will request a cancellation of the Easement, which would be approved
by FDEP administratively.
FISCAL IMPACT STATEMENT
No fiscal impact.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://w miamibeachfi.gov/city-hall/city-clerk/meeting-notices
CONCLUSION
Administration recommends that the Mayor and City Commission approve and authorize the
Mayor and City Clerk to execute the Sovereignty Submerged Lands Easement Renewal between
the City and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida,
for a term commencing retroactively on February 7, 2016 and expiring on February 6, 2066, to
ensure continued use of the Easement Area for the existing water main.
Applicable Area
South Beach
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2.177
Yes
Is this item related to a G.O. Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481.
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Public Works
Sponsor(s)
Co-sponsor(s)
Condensed Title
Execute Submerged Lands Easement Renewal, Venetian Causeway. PW
333 of 1677
Previous Action (For City Clerk Use Only)
334 of 1677
This Instrument Prepared By:
Lisa -Marie Raulerson
Action No. 3R214
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS EASEMENT RENEWAL
EASEMENT NO, 26674
BOT FILE NO. 130883466
THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement 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 a Florida municipal corporation, hereinafter referred
to as the Grantee, a nonexclusive easement on, under and across the sovereignty Inds, as defined in I8-2 L003,
Florida Administrative Code, if my, contained within the following legal description:
A parcel of sovereignty submerged land in Section(es
Township 53 South, Range 42 East in Biscayne Bay,
Miami -Dade County, Florida, containing G 051 square feet,
more or less, as is more particularly described and shown
on Attachment A,dated November 28. 1984.
TO HAVE THE USE OF the hereinabove described premises from February 7, 2016, the effective date of this
renewal easement, through February 7. 2066, the expiration date of this renewal casement. The terms and conditions on and for
which this easement is granted are as follows:
1. USE OF PROPERTY: The above described parcel of land shall be used solely for the operation of an existing water
main crossing and Grantee shall not engage in any activity related to this use except as described in the State of Florida
Departmem of Environmental Protection Environmental Permit No. 130883466, dated November 16 1984, incorporated
herein and made a pan of this easement by reference. All of the foregoing subject to the remaining conditions of this
casement.
2. EASEMENT CONSIDERATION: 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 for 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 nature: i.e. they shall begin to
accrue on the date that the amended roles become effective.
3. WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title to the
lands described herein nor guarantees the suitability of any of the lands for any particular use.
145J
335 of 1677
4. RIGHTS GRANTED: The rights hereby granted shall he subject to any and all prior rights of the United States and any
and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement.
5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS:
Grantee shall not damage the easement lands or unduly imerfere with public or private rights therein.
6 UI rn nn e-NT COMPATIBLE USES OF THE EASEMENT PROPERTY: This casement is
nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management
activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to
third parties during the term of this easement.
7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and
operations of the Grantee in any matter pertaining to this easement.
8. LIABILITY/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its
expense. Each patty is responsible for all personal injury and property damage attributable to the negligent acts or omissions of
that patty and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of
sovereign immunity enjoyed by any pain hereto, as provided in Section 768.28, Florida Staines, as amended from time to time,
or any other law providing limitations on claim.
9. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior written
consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any assignment or
other transfer without prior written consent of the Granmr shall be null and void and without legal effect.
10. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide by the
provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its
successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or
in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor
upon 30 days written notice to the Grantee. If terminated, all of the above -described parcel of land shall reven to the Grantor.
Any costs or expenses incurred by the Grauer in removing the Grantee or its property from the easement area shall be paid by
the Grantee. All notices required to be given to the Grantee by this casement or applicable law or administrative rules shall be
sufficient if sent by U.S. Mail to the following address:
City of Miami Beach, Florida
Public Works Department
1700 Convention Center Drive
Miami Beach, Florida 33139
The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least rein (10) days before the change
is effective.
11. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the subject
property or to the improvements thereon, including any and all dmmage or special assessments or taxes of every kind and
description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective
period of this easement which result from the grant of this easement or the activities of Grantee hereunder.
12. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures and
equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and
equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures
and equipment after ten (10) days written notice by certified mail addressed to the Grantee in the address specified in paragraph
10 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other
remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all structures
and the right to impose administrative fines.
Page 2 of 8 Pages
Sovereignty Submerged lands Easement No. 26674(3486-13)
336 of 1677
li_ ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the pan of the Grantor to enforce any
provision, nor any waiver or successive waivers on its pan of any provision herein, shall operate as a discharge thereof or render
the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent
breach or breaches.
14. AMENDMENT/MODIFICATIONS: This casement is the came and only agreement between the parries. Its provisions
are not severable. Any amendment or modification to this casement must be in writing and must be accepted, acknowledged and
executed by the Grantee and Grantor.
15. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee
shall obtain the U.S. Amy Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the
construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior
writer approval of the Grantor prior to the commencement ofconstruction and/or any activities on sovereign, submerged lands.
16. ADDITIONAL STRUCTURES OR ACTIVITIMEMERGENCY STRUCTURAL REPAIRS: No additional
structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major
repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written
consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor,
such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject
the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be
undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as
is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this casement.
17. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee must have satisfactory
evidence ofsufficient upland interest as defined in subsection 18-21.003(65), Florida Administrative Code, to the extent required
by paragraph 18-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. If al any
time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty, submerged lands
described in this casement shall immediately cease and this easement shall terminate and title to this easement shall revert to and
vest in the Grantor immediately and automatically.
[Remainder ofpage intentionally left blank., Signature page iallorsl
Page 3 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(3486-13)
337 of 1677
IN WITNESS WHEREOF, the Grantor and the Grantee have esccmed this instrument on the day and year first above v,nuen.
WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
Signature: OF FLORIDA
(SEAL)
Printed
Address: 3800 Co mnonwealdh Blvd
Tallahassee, 1 FL 3?399
.Address. 3800 Conunomve.lth Blvd
Tallahassee FL 32399
STATE OF FLORIDA
COUNTY OF LEON
The
20 by
BY:
Brad Richardson. Chief. Bureau of Public Land
.Administration. Division of State Lands. Slate of
Florida Department of Env irwmsntal Protection,
as agent for and on behalf of the Board of
Tmstecs of the Interval Improvement Trust Fund
of the State of Florida
before me
Florida Department of Environmental Pmlcetion
Division ofStatc Lands
3800 Commonwealth BIN
Tallahassee. FL 32399
"GRANTOR"
nhemrs of physical presence this day of
Fund of the State of Florid . He is personally known to me.
APPROVED SUBJECT TO PROPER EXECUTION:
1,22n026 Notary Public, State of Florida
DEP Attorney
Date
Printed. Typed or Stamped Name
My Commission Expires:
CoumhissioNSerial No.
Page 4 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(3486-13)
338 of 1677
WITNESSES: City of Miami Beach. Florida,
a Florida municipal corbo Con (SEAL)
Printed
STATE OF
COUNTY
BY:
Original Signature of Executing Authority
Steven Meiner
Typed/Prinled Name of Executing Authority
Mayor
Title of Executing Authority
City of Miami Beach, Florida
Public Works Department
1700 Convention Center Drive
Miami Beach, Florida 33139
"GRANTEE"
The foregoing instrument was acknowledged before me by means of _ physical presence or _online notarization this
day of , 20 by Steven Meiner as Mayor, for and on behalf of City of Miami Beach, Florida, a Floridao
municipal corporation. He is personally known tome or who has produced , as identification.
My Commission Expires:
Signature of Notary Public
Notary Public,
CommissioniSerial No. Printed. Typed or Stamped Name
Page 5 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(3486-13)
339 of 1677
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Attachment A
Page 6 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(34fti6f 1677
Exhibit "A"
A 10.00-foot Water Main Easement in Biscayne Bay, South of Venetian Causeway and lying
between Di Lido Island on the West, said Island being recorded in Plat Book 8 at Page 36 and
Rivo Alto Island on the East, said Island being recorded in Plat Book 7, Page 74, both Plats
being recorded in the Public Records of Miami -Dade County, Florida.
Commence at the Northeast comer of Lot 29, Block 5 of the above mentioned Di Lido Island and
thence East along the projection Easterly of the Northerly line of said Lot 20 a distance of 3.81
feet to a point on the water face of a concrete bulkhead abuting Biscayne Bay, said Point being
the Point of Beginning of the 10.00-foot Water Main Easement hereinafter described. The
following course are all within the confines of Biscayne Bay: thence continue along the last
mentioned course a distance of 4.19 feet to a point; thence S 74'34' 18" E a distance of 161.634
feet to a point; thence run due East a distance of 273.44 feet to a point; thence run N 74°29'42" E
a distance of 160.854 feet to a point; thence mn Due East a distance of 5.00 feet to a point on the
water face of a concrete bulkhead, said point said point being 3.00 feet Due West of the
Northeasterly comer of Lot 19, Block I of the aforementioned Rivo Alto Island, as measured
along the northerly line of said Lot 19 projected Westerly; thence run Due North along the water
face of said concrete bulkhead a distance of 10.00 feet to a point; thence run Due West a distance
of 6.36 feet to a point; thence run S 74029'42" W a distance of 160.854 feet to a point, thence
run Due West a distance of 270.726 feet to a point; thence mn N 74034'18" W a distance of
161.634 feet to a point; thence run Due West a distance of 5.544 feet to a point on the water face
of a concrete bulkhead; thence mn Due South along the water face of said bulkhead a distance of
10.00 feet to the Point of Beginning. The 10.00-foot Water Main Easement described contains
6051 square feet or 0.139 acres more or less.
The above described land lies within the NW I/, of Section 33, Township 53 South, Range 42
East, Miami -Dade County, Florida.
ASM
� Sk
num: 110 21118
Attachment A
Page 7 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(34fftlbf 1677
Attachment A
Page 8 of 8 Pages
Sovereignly Submerged Lands Easement No. 26674(34�16f 1677