HomeMy WebLinkAboutBoard of Trustees of the Internal Improvement Trust Fund of the State of Florida202.fo-391�14
This Instrument Prepared By:
Lisa-Maric Raulerson
Action No. 38214
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 tents 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 lands, as defined in 18-21.003,
Florida Administrative Code, if any, contained within the following legal description:
A parcel of sovereignty submerged land in Section(sj 33
Township 53 South, Range 42 East, in Bismne Bav,
Miami -Dade County, Florida, containing 6 051 square fact,
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 easement. The terms and conditions on and for
which this enactment 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 Grantce shall not engage in any activity related m this use except as described in the State of Florida
Department of Environmental Protection Environmental Permit No. 130883466, dated November 16 1984, incorporated
herein and made a part of this easement by reference. All of the foregoing subject to the remaining conditions of this
easement.
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 emended 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 data that the amended rules 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 ofany ofthe lands for any particular use.
[451
4. RIGHTS GRANTED: The rights hereby granted shall be 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 interfere with public or private rights therein.
6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement 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 throw 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 party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of
that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of
sovereign 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 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 Grantor 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 revert to the Grantor.
Any costs or expenses incurred by the Grantor in removing the Grantce or its property from the easement area shall be paid by
the Grantee. All notices required to be given to the Grantee by this easement 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 my changes to this address at least ten (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 drainage 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 giant 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 ofall structures
and the right to impose administrative fines.
Page 2 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(3486-13)
13. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor in enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or tender
the same inoperative or impair the right of the Grantor m enforce the same upon any renewal thereof or in the event of subsequent
breach or breeches.
14. AMENDMENT/MODIFICATIONS: This eascmentisthe entire and only agreementbe[wean the parties. Its provisions
are not severable. Any amendment or modification to this easement 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. Army Corps of Engineers (USACE) pemtit 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
written approval ofthe Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lords.
16. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY 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 lends 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 Stomtes, and shall subject
the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required m 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 easement.
17. UPLAND RIPARIAN PROPERTY INTEREST: During the teen of this easement, Grantee most 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 in conduct the activity described in this easement. Ifm any
time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty, submerged lands
described in this easement 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 follows]
Page 3 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(3486-13)
IN WITNESS WHEREOF, the Grantor and the Grantee have executed this instrument on the day and year first above written.
WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
Signature: OF FLORIDA
(SEAL)
Printed Name:
Address: 3800 Commonwealth Blvd
Tallahassee, FL 32399
Signature:
Printed Name:
Address: 3110Q Commonwealth Blvd
Tallahassee, FL 32399
STATE OF FLORIDA
COUNTY OF LEON
20, by
APPROVED + SUBJECT TO PROPER EXECUTION:
79KI cltJirL'ff1yw w& 11=026
DEP Attorney Date
BY:
Brad Ricbardson, Chief, Bureau of Public Land
Administration, Division of State Lands, State of
Florida Department of Environmental Protection,
as agent for and on behalf of the Board of
Trustees ofthe Internal Improvement Trust Fund
of the State of Florida
Florida Department of Environmental Protection
Division of State Lands
3800 Commonwealth Blvd
Tallahassee, FL 32399
"GRANTOR"
before me by means ofphysical presence this day of
Notary Public, State of Florida
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
Page 4 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(3486-13)
WITNESSES
Signature: I Ir "
Printed Name: CHARLES D'AGOSTIN
Address:/7-00 �r.c, /y (n,("Dr
Ar4ottr/q- 33/39
Signature'
Printed Name: REGIS BARBOU
Address: 1 w(J on Cjx.e Dr
r'lla...a' `Beady FL •S-St39
City of Miami B e ,Florida,
a Floridamun' 1 u orati EAL
BY:
Original Signature oTFxecuting Authority
Typed/Printed Name of Executing Authority
of Executing Authority
City of Miami Beach, Florida
Public Works Department
1700 Convention Center Drive
Miami Beach, Florida 33139
"GRANTEE"
_ _.A1 BE,yC,sk
STATE OF FL i'VA
COUNTY OF N t anti • - lD% DC
IYCOAt CRATED..... ,
ant
The foregoing insmunentwas acknowledged before meiry means of physical presence or notarization this
20 day of HARXA , 2
_online
en Meinw as Mavo , for and on behalf of City of Miami Beach, Florida a Florida
municipal corporation. He i rally kno
me or who has produced , as identification.
J V'
?,
RAFAEL E. GRANA00 SignaMeofNotary Public
W COMMASSION A HH 716030
`� ai EXPIRES: Septemaer 16, 2029 Notary Public, State of E.O(G\e.�
:le:
RAFAELE.GRANADO
Commission/Serial No. N ~ t �j0 Printed, Typed or Stamped Name
APPROVED AS TO
FORM &LANGUAGE
& FOR EXECUTION
Gqao/26
City ANomey T(Dote
Page 5 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(3486-13)
Attachment A
Page 6 of 8 Pages
Sovereignty Submerged Lands Easement No. 26674(3486-13)
Exhibit `A"
A I0.00-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 I0.00-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 74034' 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 74029'42" E
a distance of 160.854 feet to a point; thence run 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 ran Due North along the water
face of said concrete bulkhead a distance of 10.00 feet to a point; thence ran Due West a distance
of 6.36 feet to a point; thence mn 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 ran N 74034' 18" W a distance of
161.634 feet to a point; thence ran Due West a distance of 5.544 feet to a point on the water face
of a concrete bulkhead; thence ran Due South along the water face of said bulkhead a distance of
10.00 feet to the Point of Beginning. The I0.00-foot Water Main Easement described contains
6051 square feet or 0.139 acres more or less.
The above described land lies within the NW V. of Section 33, Township 53 South, Range 42
East, Miami -Dade County, Florida.
KM
BY �'
Dale 5.I0,1018
Attachment A
Page 7 of 8 Pages
Sovereignty submerged Lands Easement No. 26674(3486-13)
� \
\i
i%_Lands __ No. __
\
�-
§
\
�
(!
\
a.
/
Jj
j %\§�
�•i($RW
RESOLUTION 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, BYAND 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.
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 porbon of the submerged lands south of the Venetian
Causeway, lying within the NW 1l4 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 EasementArea 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 6, 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.
PASSED and ADOPTED this /F day of 2026.
ATTEST:
7)� 0
� 2 0 2026 Steven Meiner, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY Aflomey ��/Date
MIAMI BEACH
Cat &Miami Bach, 17M Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.Bov
OFFICE OF THE CITY ATTORNEY
Tel 305-673-7000 Ext 6955
MEMORANDUM
Date: March 20, 2026
To: Steven Meurer, Mayor
From: Gisela Nanson Torres, Senior Assistant City Attorney
Ext. 6955/Fax: 305-673-7002/aiselatorres(almiamibeachfl. aov
Re: Sovereignty Submerged Lands Easement Renewal (Easement);
Resolution No. 2026-34166 (March 18, 2026 City Commission agenda item).
Dear Mayor:
I hope all is well with you. Attached please find the above referenced document for
execution, where indicated, pursuant to the attached Resolution.
Background: The Easement 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. 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. This matter has 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.
Once fully signed, please contact me on extension 26955 for retrieval. I will then submit
to the City Clerk for attestation.
Should you have any questions, please do not hesitate to call me.
Best regards,
goety A „ vn 5-
Winds Hanson Toms,
Samar Assistant CNy Attcansy
TBi: 305673-7000 Ext 20955/qiselatorres(cDmiamibeachfl.gov
MIAMI BEACH
Cry d Nam] leach, 1700 Convention Center iml e. Miami Beach, Fkxida 33139, v .miamibeachkgov
OFFICE OF THE Cr Y ATTORNEY
Tel: 305b73-7000 Ext 6955 -
MEMORANDUM
Date: March 20, 2026
To: Steven Meiner, Mayor
From: Gisela Nanson Torres, Senior Assistant City Attorney
Ext. 6955/Fax: 305-673-7002/giselatorres(dmiamibeachfl.gov
Re: Sovereignty Submerged Lands Easement Renewal (Easement);
Resolution No. 2026-34166 (March 18, 2026 City Commission agenda item).
Dear Mayor:
I hope all is well with you. Attached please find the above referenced document for
execution, where indicated, pursuant to the attached Resolution.
Background: The Easement 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. 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. This matter has 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.
Once fully signed, please contact me on extension 26955 for retrieval. I will then submit
to the City Clerk for attestation.
Should you have any questions, please do not hesitate to call me.
Best regards,
qeA NanaanY—
naIAMIBE
Giod" Manson Torres,
Seiler Anistent City Attomey
Tel: 305-673-7000 Ext 26955/QiselatomesLWmiamibeachfl.gov