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HomeMy WebLinkAboutReso 2000-245 RESOLUTION NO. 2000-~ S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING TEMPORARY EASEMENTS AND AGREEMENTS FOR THE PARCELS COMBINED TO FORM THE GILBERT SAMSON MEMORIAL OCEANFRONT PARK, AND THE PARCEL FORMING PIER PARK, FOR BEACH RENOURISHMENT ACTIVITIES, BY AND BETWEEN THE CITY AND MIAMI-DADE COUNTY, ATTACHED HERETO AS EXHIBITS "I", "2", AND "3", RATIFYING EXECUTION OF THE AGREEMENTS BY THE ACTING CITY MANAGER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the County provided the attached Temporary Easements and Agreements for Beach Renourishment for approval by the City on the week of May 29, 2000 to be returned June 8, 2000; and WHEREAS, the deadline to provide the approval would have passed prior to the June 15,2000 City Commission Meeting; and WHEREAS, the City of Sunny Isles Beach did not want to lose the opportunity to secure beach renourishment, the Acting City Manager entered into such agreements but now wishes the City Commission to ratify such action. NOW THEREFORE, BE IT RESOL YED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreements. The Temporary Easements and Agreements for the parcels combined to form the Gilbert Samson Memorial Oceanfront Park, and the parcel forming Pier Park for Beach Renourishment, attached as Exhibits "1", "2", and "3", respectively, be, and the same, are hereby approved. Section 2. Ratification of Executions. The Commission hereby ratifies the execution of such Agreements for beach renourishment by the Acting City Manager. Section 3. Effective Date. This Resolution shall be effective upon adoption. PASSED AND ADOPTED this 11 th day of Jul, 000 D RESO. 2000-245 1 ,':":\ '. ;, .,.."" .. . :,1 . . ~ ;t- \- . It -- i""'.. ,.. -'~.J : . "/! ...-. ~~ ,',, A TTE-SY: ':. \ \ ~ _:., ~ " / \.~:!"r I '" ._.'" , '~:"'".'/'_...:'.;"'\ ~.-- .. ~ :s '" / ' I .' .. .' i ". ._" ~"J -, \ \. $c ar Br6wn./.Morilla, City Clerk ./ I. ..... ) '" ", r. .':., ~. ! .~ '''~' . . APPRQVEB AS U'O FORM AND . L . -""" ~ LEGALS N Y Vote: 1..\-0 - \ Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffinan Commissioner Turetsky RESO. 2000-245 Moved by: ChmYl\\$cs;,()IO~R... I~~~s.III\S:- Seconded by: ('mW\lf\\~IOt\)~ \i'~R~TSI<l( V(Yes) V (Yes) V (Yes) _(Yes) ~(Yes) _(No) _(No) (No) . /" (No) AbS€t\+ ~ _(No) 2 .. \ .,}, EXHIBIT "1" RETURN TO: Miami-Dade County Department of Environmental Resources Management 33 SW 2nd Avenue, Suite 300 Miami, Florida 33130 A TTN: Brian Flynn Temporary Easement and Agreement for Beach Renourishment '\~ THIS TEMPORARY EASEMENT AND AGREEMENT, made this the \ day of ~ ' L.-COO , between ~"'~ ~~ -:r,,\.g1 ~~ (hereinafter "G NTOR"), and Miami-Dade County (hereinafter "GRANTEE"). WITNESSETH: WHEREAS, the real property described in Exhibit "A", attached hereto and made a part hereof (hereinafter the "Beach Front") is owned in fee simple by GRANTOR; and WHEREAS, GRANTEE desires to implement the Sunny Isles Design Modification Project (hereinafter the "PROJECT"), to renourish and improve the BEACH FRONT to provide maximum use, benefit, and protection; THEREFORE, in consideration of the mutual covenants hereinafter stated, and ten dollars ($10 US) in hand paid, receipt of which is hereby acknowledged by GRANTOR, and the benefits to the GRANTOR which will result from the PROJECT, GRANTOR does hereby grant, bargain, sell and convey unto the GRAN1EE, its officers, employees, agents, servants, contractors and subcontractors, the temporary and assignable right and easement to: 1) Construct, operate, maintain, repair, replace, and remove pipelines and other necessary equipment utilized in connection with the transmission of material for beach renourishment, upon, to, or across the BEACH FRONT; 2) Deposit excavated sand, fill, spoil, and waste materials upon the BEACH FRONT; 3) Excavate ditches and construct dikes, mounds, and control works upon the BEACH FRONT, to prevent flooding of areas adjacent to the BEACH FRONT; 4) Move, store, and remove equipment and supplies, and erect and remove temporary structures on the BEACH FRONT; 5) Perform work necessary and incident to the construction of the PROJECT, including the right to trim, cut, fell, and remove all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right of way. 6) Alter, grade, and till the BEACH FRONT for the purpose of beach renourishment. , . TEMPORARY EASEMENT! AGREEMENT PAGE 2 7) Perform other such tasks to, across, or upon the BEACH FRONT which may be necessary to accomplish and maintain the restoration of the BEACH FRONT and the PROJECT in general. All of the foregoing authorizations set forth in Paragraphs 1,2,3,4,5,6, and 7 of this TEMPORAR Y EASEMENT AND AGREEMENT shall remain in existence for a period of three (3) years, commencing the \ \~ day of ~ , 200~, which is the date of the construction contract award for the PROJECT. \ GRANTOR hereby agrees not to modify or revoke any of the aforesaid rights for the three (3) year period defined above, and not to remove any material placed on said real property pursuant to the terms of this agreement. GRANTOR specifically understands and agrees that large sums of money will be expended by the County, the State of Florida, the United States, and others, and heavy obligations incurred by the County, the State of Florida, the United States, and others for the purposes of beach renourishment, all in reliance upon the aforesaid rights remaining unmodified and unrevoked for the entire three year period aforesaid. This agreement shall be binding upon the successors, heirs, grantees, and assigns of the parties hereto. TO HAVE AND TO HOLD the said rights and easements unto the GRANTEE, and its assigns, for the purposes of the aforesaid, for a period not to exceed three years from the date of the construction contract award for the PROJECT. AND THE GRANTOR, for itself, its heirs and assigns, does hereby covenant with the GRANTEE that it is lawfully seized in fee of the aforementioned premises; that the said premises are free from all encumbrances; that it has good right to sell and convey the same as aforesaid; that it will warrant and defend the title of the same to the said GRANTEE, and its assigns, against the lawful claims and demands of all persons. This lEMPORAR Y EASEMENT AND AGREEMENT reselVes to the landowner, their heirs and assigns, all such rights and privileges as may be used without interfering with, or abridging the rights and easement hereby acquired; subject, however to existing easements for public roads and highways, public utilities, railroads, and pipelines. TEMPORARY EASEMENT! AGREEMENT- PAGE J IN WITNESS WHEREOF, the GRANTOR and the GRANTEE have set hereto their hands and seals on the day and year above written. df-~m~s 1-- +w-r~ {: . , ~ , . , .' . ~ ATTEST: ',I .......) , , ~ /' 1 1.. '. " ., .,.p ... . ,~.... : -.. ~ .... r. . , . ~ .., ---:;.. -. . .... .< .l ,^".0 ., ~ .:...... ". ... '-~ Clerk of the Board of County Commissioners Temporal)' Agreement for Beach Renourishment- Page 4 EXHIBIT A TO TEMPORARY AGREEMENT FOR BEACH RENOURISHMENT The term "Beach Front" as used in this agreement refers to that portion of the following legally described real property, bounded on the west by a line on the Atlantic shore of Miami-Dade County, Florida, said line on said shore having an elevation of + 10.0 feet, Mean Low Water (Ocean datum, USCE), and bounded on the east by the Erosion Control Line, as established by the State Board of Trustees of the Internal Improvement Trust Fund, and recorded in Plat Book 134, Page 47 of the Miami-Dade County Public Records, or by the Mean High Water Line of the Atlantic Ocean, whichever is most easterly. Legal Description for Subject Real Property: 25242115242 PB 10-64 TATUMS SUB OF GOVT LOT 6 S100FT OF N300FT OF TR3 LYING E OF STATE RD AlA Property Name: Sunny Isles Beach Park Street Address: 17425 Collins Avenue . . EXHIBIT "2" RETURN TO: Miami-Dade County Department of Environmental Resources Management 33 SW 2nd Avenue, Suite 300 Miami, Florida 33130 A TTN: Brian Flynn Temporary Easement and Agreement for Beach Renourishment THIS TEMP 0 RAR Y EASEMENT AND AGREE.MENT, made this the \ \ ~ . . day Of~- , 2.J8:JV , between G.~~, ~~ 1::it.9\ k~ (hereinafter" ANTOR"), and Miami-Dade County (herein~ "GRANUlEE"). WITNESSETH: WHEREAS, the real property described in Exhibit "A", attached hereto and made a part hereof (hereinafter the "Beach Front") is owned in fee simple by GRANTOR; and WHEREAS, GRANTEE desires to implement the Sunny Isles Design Modification Project (hereinafter the "PROJECT"), to renourish and improve the BEACH FRONT to provide maximum use, benefit, and protection; THEREFORE, in consideration of the mutual covenants hereinafter stated, and ten dollars ($10 US) in hand paid, receipt of which is hereby acknowledged by GRANTOR, and the benefits to the GRANTOR which will result from the PROJECT, GRANTOR does hereby grant, bargain, sell and convey unto the GRANTEE, its officers, employees, agents, selVants, contractors and subcontractors, the temporary and assignable right and easement to: 1) Construct, operate, maintain, repair, replace, and remove pipelines and other necessary equipment utilized in connection with the transmission of material for beach renourishment, upon, to, or across the BEACH FRONT; 2) Deposit excavated sand, fill, spoil, and waste materials upon the BEACH FRONT; 3) Excavate ditches and construct dikes, mounds, and control works upon the BEACH FRONT, to prevent flooding of areas adjacent to the BEACH FRONT; . 4) Move, store, and remove equipment and supplies, and erect and remove temporary structures on the BEACH FRONT; 5) Perform work necessary and incident to the construction of the PROJEC:r, including the right to trim, cut, fell, and remove all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right of way. 6) Alter, grade, and till the BEACH FRONT for the purpose of beach renourishment. TEMPOR-\RY EASEMENT! AGREEMENT PAGE 2 7) Perform other such tasks to, across, or upon the BEACH FRONT which may be necessary to accomplish and maintain the restoration of the BEACH FRONT and the PROJECT in general. All of the foregoing authorizations set forth in Paragraphs 1,2,3,4,5,6, and 7 of this TEMPORARY EASEMENT AND AGREEMENT shall remain in existence for a period of three (3) years, commencing the \\"'^" day of ~ , 200SL, which is the date of the construction contract award for the PROJECT. \ GRANTOR hereby agrees not to modify or revoke any of the aforesaid rights for the three (3) year period defined above, and not to remove any material placed on said real property pursuant to the terms of this agreement. GRANTOR specifically understands and agrees that large sums of money will be expended by the County, the State of Florida, the United States, and others, and heavy obligations incurred by the County, the State of Florida, the United States, and others for the purposes of beach renourishment, all in reliance upon the aforesaid rights remaining unmodified and unrevoked for the entire three year period aforesaid. This agreement shall be binding upon the successors, heirs, grantees, and assigns of the parties hereto. TO HA VB AND TO HOLD the said rights and easements unto the GRANTEE, and its assigns, for the purposes of the aforesaid, for a period not to exceed three years from the date of the construction contract award for the PROJECT. AND THE GRANTOR, for itself, its heirs and assigns, does hereby covenant with the GRANTEE that it is lawfully seized in fee of the aforementioned premises; that the said premises are free from all encumbrances; that it has good right to sell and convey the same as aforesaid; that it will warrant and defend the title of the same to the said GRANTEE, and its assigns, against the lawful claims and demands of all persons. This TEMPORARY EASEMENT AND AGREEMENT reserves to the landowner, their heirs and assigns, all such rights and privileges as may be used without interfering with, or abridging the rights and easement hereby acquired; subject, however to existing easements for public roads and highways, public utilities, railroads, and pipelines. TEMPORARY EASEMENT! AGREEMENT- PAGE 3 IN WITNESS WHEREOF, the GRANTOR and the GRANTEE have set hereto their hands and seals on the day and year above written. --7 Mil (!. ?/ 1ft"' Witness ~~~ " ATTEST: ~. "' .',# '"'"",,-~ .,...-., " .''''. ."") -' ~ . ~. Clerk of the Board of County Commissioners Temporary Agreement for Beach Renourishment- Page 4 EXHIBIT A TO TEMPORARY AGREEMENT FOR BEACH RENOURISHMENT The term "Beach Front" as used in this agreement refers to that portion of the following legally described real property, bounded on the west by a line on the Atlantic shore of Miami-Dade County, Florida, said line on said shore having an elevation of+ 10.0 feet, Mean Low Water (Ocean datum, USCE), and bounded on the east by the Erosion Control Line, as established by the State Board of Trustees of the Internal Improvement Trust Fund, and recorded in Plat Book 134, Page 47 of the Miami-Dade County Public Records, or by the Mean High Water Line of the Atlantic Ocean, whichever is most easterly. Legal Description for Subject Real Property: 2 52 42 11 52 42 TATUMS SUB OF GOVT LOT 6 PB 10-64 S100FT OF N200Ff OF TR 3 E OF STATE RD 140 PER PB 45-66 Property Name: Sunny Isles Beach Park Street Address: 17451 Collins Avenue EXHIBIT "3" RETURN TO. ~tiami-Dade County Dr.:partment of Environmental Resources \. Ianagement 33 SW 2nd Avenue, Suite 30t) \tiami, Florida 33130 A TTN Brian Flynn Temporary Easement and Agreement for Beach Renourishment THIS TE\fPORAR Y EASEMEi'lT AND AGREEr-vfENT, made this the \ \~ . ~~~~ ~~-, day ot ,"2..(S()O, between ~".o'i ,~ (hereinafter "G ANTOR"), and Miami-Dade County (herel a r "GRAl TEE"). WITNESSETH: WHEREAS, the real property described in Exhibit "A", attached hereto and made a part hereof (hereinafter the "Beach Front") is owned in fee simple by GRANTOR; and WHEREAS, GRANTEE desires to implement the Sunny Isles Design ~fodification Project (hereinafter the "PROJECT"), to renourish and improve the BEACH FRONT to provide maximum use, benefit, and protection; THEREFORE, in consideration of the mutual covenants hereinafter stated, and ten dollars ($10 US) in hand paid, receipt of which is hereby acknowledged by GRANTOR, and the benefits to the GRANTOR which will result from the PROJECT, GRANTOR does hereby grant, bargain, sell and convey unto the GRAN1EE, its officers, employees, agents, servants, contractors and subcontractors, the temporary and assignable right and easement to: 1) Construct, operate, maintain, repair, replace, and remove pipelines and other necessary equipment utilized in connection with the transmission of material for beach renourishment, upon, to, or across the BEACH FRONT; 2) Deposit excavated sand, fill, spoil, and waste materials upon the BEACH FRONT; 3) Excavate ditches and construct dikes, mounds, and control works upon the BEACH FRONT, to prevent flooding of areas adjacent to the BEACH FRONT; , 4) Move, store, and remove equipment and supplies, and erect and remove temporary structures on the BEACH FRONT; 5) Perform work necessary and incident to the construction of the PROJECT, including the right to trim, cut, fell, and remove all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right of way, 6) Alter, grade, and till the BEACH FRONT for the purpose of beach renourishment. .' TE'tPORARY EASE~IENTI AGREEMEl'lT PAGE 2 7) Perform other such tasks to, across, or upon the BEACH FRONT which may be necessary to accomplish and maintain the restoration of the BEACH FRONT and the PROJECT in general. All of the foregoing authorizations set forth in Paragraphs 1,2,3,4,5,6, and 7 of this TE\fPORAR Y EASEMENT ANTI AG\~MENT shall remain in existence for a period or three (3) years, commencing the day of~ _ , 200~, which is the date of the construction contract award for the PR~ GRANTOR hereby agrees not to modify or revoke any of the aforesaid rights for the three (3) year period defined above, and not to remove any material placed on said real property pursuant to the terms of this agreement. GRANTOR specifically understands and agrees that large sums of money will be expended by the County, the State of Florida, the United States, and others, and heavy obligations incurred by the County, the State of Florida, the United States, and others for the purposes of beach renourishment, all in reliance upon the aforesaid rights remaining unmodified and unrevoked for the entire three year period aforesaid. This agreement shall be binding upon the successors, heirs, grantees, and assigns of the parties hereto. TO HAVE AND TO HOLD the said rights and easements unto the GRANTEE, and its assigns, for the purposes of the aforesaid, for a period not to exceed three years from the date of the construction contract award for the PROJECT. AND THE GRANTOR, for itself, its heirs and assigns, does hereby covenant with the GRANrEE that it is lawfully seized in fee of the aforementioned premises; that the said premises are free from all encumbrances; that it has good right to sell and convey the same as aforesaid; that it will warrant and defend the title of the same to the said GRANTEE, and its assigns, against the lawful claims and demands of all persons. This lEMPORAR Y EASEMENT AND AGREEMENT reserves to the landowner, their heirs and assigns, all such rights and privileges as may be used without interfering with, or abridging the rights and easement hereby acquired; subject, however to existing easements for public roads and highways, public utilities, railroads, and pipelines. .' TEMPORARY EASEMENT! AGREEMENT- PAGE J . IN \VITNESS WHEREOF, the GRANTOR and the GRANTEE have set hereto their hands and seals on the day and year above written, ~~L -- Witness +w-r~ AT1EST: ': " . r' _ . l l,,~'~ ..... . ~ . -.' , ,. ,~- .., , :,...; ./ ....I] -:.' "- . -, , '., , .,' \ ~^ ...."'" ., ...- .. " -. Clerk of the Board of County Commissioners , . ./ . -I Temporal") Agn-emcnt for lleach Rcnourishmcnt- Pa~c 4 EXHIBIT A TO TEi\IPOR-\RY AGREEi\IEl\T FOR BEACH RENOURISHi\IENT The term" Beach Front" as used in this agreement refers to that portion of the following legally described real property, bounded on the west by a line on the Atlantic shore of l\-fiami-Dade County, Florida, said line on said shore having an elevation of + 10.0 feet, l\-Iean Low Water (Ocean datum, USCE), and bounded on the east by the Erosion Control Line, as established by the State Board of Trustees of the Internal Improvement Trust Fund, and recorded in Plat Book 134, Page 47 of the Miami-Dade County Public Records, or by the Mean High Water Line of the Atlantic Ocean, whichever is most easterly. Legal Description for Subject Real Property: The easterly extension of Sunny Isles Ocean Beach Boulevard (N.E. 167 Street) as delineated upon that certain plat recorded in Plat Book 50 at page 76 of the Public Records of Dade County, Florida, eastward of the pavement of State Road A-I-A to the mean high water line of the Atlantic Ocean. Property Name: Pier Park Street Address: 16700 Collins Avenue