2008-26821 ResoRESOLUTION NO. 2008-26821
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, GRANTING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A PERPETUAL NON-EXCLUSIVE
EASEMENT AGREEMENT TO FISHER ISLAND COMMUNITY ASSOCIATION
INC. FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF A
REPLACEMENT SEA WALL ALONG THE NORTH SIDE OF FISHER ISLAND.
WHEREAS, the existing sea wall that was originally approved to be built partially on
City submerged land, along the north side of Fisher Island, has severely deteriorated because
of time; and
WHEREAS, Fisher Island Community Association, Inc. ("FICA") has the obligation for the
construction, maintenance, and operation of the sea wall; and
WHEREAS, the United States Department of the Army has an upland lease and has no
objections to FICA's installation of the replacement sea wall; and
WHEREAS, the replacement sea wall will require an up to three feet (3') wide by four
hundred sixty-two point two (462.20') feet long parcel of City submerged land adjacent to the
property located on the north side of Fisher Island; and
WHEREAS, in order to construct the replacement sea wall within the portion City owned
property, FICA requires, and hereby requests, that the City grant it a perpetual non-exclusive
easement, which Easement Agreement is attached and incorporated as Exhibit "A" hereto.
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 grant and authorize the Mayor and City Clerk to execute the attached
Perpetual Non-Exclusive Easement to Fisher Island Community Association Inc. (FICA) for the
construction, maintenance, and operation of a replacement sea wall, along the north side of
Fisher Island.
PASSED and ADOPTED this 14thday of May , 2008
ATTEST:
L
~~~ •
Robert E. Parcher, CITY CLERK atti Herrer o er, MAYOR
F:\atto\AGUR\RESOS-ORD\Fisher Island -Replacement of SeawaII.DOC
APPROVED A3 TO
FORM $ LANGUAGE
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Granting And
Authorizing The Mayor And City Clerk To Execute A Perpetual Non-Exclusive Easement Agreement To
Fisher Island Community Association Inc., For The Construction Of The Replacement Sea Wall Along
The North Side Of Fisher Island.
Key Intended Outcome Supported:
Ensure well-maintained infrastructure
...Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the Ma or and Cit Commission a rove the Resolution?
Item summarv~Kecommenaation:
Fisher Island Community Association Inc,("FICA") is replacing the existing sea wall that has severely
deteriorated because of time. The sea wall was originally approved and built partially on City of Miami
Beach submerged land along the North side of Fisher Island.
Due to the severe deterioration of the existing seawall, repairs have been proposed which would extend up
to 3' beyond the center of the existing sea wall cap into the waters owned by the City of Miami Beach.
The request is for the City to grant a perpetual non-exclusive easement for up to three feet (3') wide parcel
of City-owned submerged land adjacent to the property located on the north side of Fisher Island which is
reflected in the attached survey and corresponding legal description (See Exhibit "A") .
The Administration recommends approval of the Resolution.
Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Fernando Vazquez, City Engineer, x.6399
Sign-Offs•
Department Dire r Assistant City Manager City Manager
FHB RCM JMG
T:\AGENDA\2008 1 gular\Fisher Island Perpetual Easement SUMM.doc
AGENDA ITEM ~ ~ n
~ M ~ f 1M I ~ ~~~ H DATE 5'~
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: May 14, 2008
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, GRANTING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A PERPETUAL NON-EXCLUSIVE EASEMENT AGREEMENT TO FISHER
ISLAND COMMUNITY ASSOCIATION INC., FOR THE CONSTRUCTION OF THE
REPLACEMENT SEA WALL ALONG THE NORTH SIDE OF FISHER ISLAND.
ADMINISTRATION RECOMMENDATION
Grant a perpetual non-exclusive easement.
FUNDING
N/A
ANALYSIS
Fisher Island Community Association Inc ("FICA") is replacing the existing sea wall that has severely deteriorated
because of time. The sea wall was originally approved and built partially on Cityof Miami Beach submerged land
along the North side of Fisher Island.
Due to the severe deterioration of the existing seawall, repairs have been proposed which would extend up to 3'
beyond the center of the existing sea wall cap into the waters owned by the City of Miami Beach. The existing
sea wall was constructed up to one point four feet (1.4') into the City's submerged land. Time is of the.: essence
for these repairs as the seawall has begun to buckle with severe erosion behind the wall. FICA's request is for
the purpose of preserving and protecting the upland property and Government Cut.
The request is for the City to grant a perpetual non-exclusive easement for up to three feet (3') wide parcel of
City-owned submerged land adjacent to the property located on the north side of Fisher Island which is reflected
in the attached survey and corresponding legal description (See Exhibit "A") . To avoid delays, FICA has
submitted for permits with DERM, DEP and ACOE and the review has been completed and plans approved, with
permit issuance only pending, City of Miami Beach approval as submerged land owner. The Department of the
Army which has leased the upland land has already issued its no objection letter on March 6, 2008 (letter
attached hereto as Exhibit "B").
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida,
approve and authorize the Mayor and City Clerk to execute a perpetual non-exclusive easement in favor of
Fisher Island Community Association in order to allow the new sea wall to proceed.
Attachment:
1. Exhibit "A", Survey, legal description and easement
2. Exhibit "B", No Objection letter Department of the Army
T:WGENDA\2008\May 14\Regular\Fisher Island Perpetual Easement MEMO.DOC
MIA 180,063,664 25/7/2008
EXH/B/T °A"
SKETCH AND LEGAL DESCR/PT/ON
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TRACT A"
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~~~ 301'5t700'E 159.35
~~~ TRACT '$-8"
~?`/ ~ N01°SB'OD"W 151.76'
SDi'St700'E 3.00'
0
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0' S0' 100' 150'
LEGAL DESCR/PT/ON.-
A parcel of land, partially submerged, being a portion of
Fisherman's Channel lying in Section 9, Township 54 South,
Range 42 East, City of Miami Beach, Miami-Dade County,
Florida, said parcel being more particularly described as follows:
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BEGINNING at the Northwest corner of Tract "B-8" of
LINDISFARNE ON FISHER ISLAND SECTION 8, according to
the Plat thereof recorded in Plat Book 143, Page 9 of the Public
Records of Miami-Dade County, Florida; thence N01°56'00"W
for 3.00 feet; thence N88°04'00"E, along a line lying 3.00
Northerly of, measured at right angles to, and parallel with the
North line of said Tract "B-8", for 462.20 feet; thence
S01 °56'00"E for 3.00 feet; thence S88°04'00"W, along said
North line of Tract "B-8", for 462.20 feet to the POINT OF
BEGINNING.
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TRACT A-8"
LEITER, P EREZ & ASSOCIATES, INC.
LAIC DEVELOPMENT COi+ISULTANTS
CIVIL ENGINEERS-IAND SURVEYORS LB 6787
LANDPANNERS-ENVIRONMENT L
160 N.W. 177TH ST. ,SURE 407, MIAMI, FLORIDA 33169
PHONE: DARE (305) 652-5133 aROWARO (954) 524-2202
NIFRNET EMNL offiw0lwc°rperezcam
LEGEND
D.C.R. - MIAMI-DADE COUNTY RECORDS
LB - LICENSED BUSINESS
P.B. - PLAT BOOK
V W PG. - PAGE
Y P.O.B. - POINT OF BEGINNING
NOTES:
1. BEARINGS hereon are based on an assumed bearing of S88°04'00"W along
the North line of Tract B-8, "LINDISFARNE ON FISHER ISLAND SECTION 8",
as shown on the plat thereof, as recorded in Plat Book 143, Page 9 of the Public
Records of Miami-Dade County, Florida.
2. The 3' width of the subject parcel partially includes submerged land and also
includes a portion of the width of the seawall that runs approximately along the
North line of Tract B-8.
3. AREA of the subject parcel is 1386.6 Square Feet, or 0.0318 Acre, more or
less.
4. This is not a survey of any parcel of land.
FILE: 08- r 165katchAndLeac
REY)Sm 5-06-08 to make width 3'. NOT YAUD WITNWT
THE SIGNATf/RE AND
Tf95 'SKE7Cft A LEG9L OESpIPlION' IMIS PREAARm UNOEIP MY SIIPERNSION. THE ORIGINAL RNSED SEAL
LEITER, PEREZ ,,qq~~ ASSOC~lATES, lNC. ~A Fl-~a"' UcExsED
~J~.-....,. r ._,1'H .-- "^ _---____-- SURVEYOR AND MAPPER
2-14-06 I JOB N0.: 08-116
OF i
Exhibit "B"
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DHPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
P.o. sox a9~o
JACKSONVILLE, FLORIDA 32232-0019
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March 6, 2008
Real estate Division
Management and Disposal Branch
Ms. Christine Hoppe
Coastal Resources Section
Miami-Dade County DERM
701 N.W. First Court
6th Floor, #192
Miami, Florida 33136
Dear Ms. Hoppe:
CQNSUf:'I'ING ENGINEERING
8 SCfENCI?, INC.
Reference is made to the proposed installation of a replacement
seawall located along the north shoreline of Fisher Island in
conjunction with DERM file number CC06-334. The proposed seawall is
located waterward of land owned by the United States and leased to
Fisher Island Club, Inc., under Department of the Army Lease No.
DACW17-1-9S-0003.
The referenced seawall was authorized by Department of the Army
Nationwide Permit Number 3 (SAJ-2006-6038). Therefore, the U.S. Army
Corps of Engineers has no objections to the installation of the
replacement seawa3.1.
If you have any questions, please telephone Mr. Larry Wright
of this Office at 904-232-2537.
Sincerely,
Sharon W. Conklin
Chief, Real Estate Division
Enclosure
~opy furnished:
Mr. John Guttman, P.E., Consulting Engineering & Science, Inc,,
10700 North Kendall Drive, Suite 400, Miami, Florida 33176