HomeMy WebLinkAboutM-84-0035AGREEMENT FOR TRANSPORTATION IMPROVEN=-�+ -� a
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TO PROVIDE ACCESS TO THE PORT OF MIAMI
THIS AGREEMENT FOR TRANSPORTATION IMPROVEMENTS
TO PROVIDE ACCESS TO THE PORT OF MIAMI , made and entered
into this day of January, 1984, by and between Dade County, a
political subdivision of the State of Florida, hereinafter referred to as
the "COUNTY", and the City of Miami, a municipal corporation of the
State of Florida, hereinafter referred to as the "CITY".
W I T N E S S E T H
WHEREAS, the COUNTY has by Resolution No. R-118-83
approved a Three -Phase Concept Transportation Improvement Plan for
Port Access at the Port of Miami, incorporated herein by reference;
and
WHEREAS, the CITY is interested in entering. into an
agreement for a Three -Phase Concept Transportation Improvement
Play;; and
WHEREAS, the CITY owns in fee simple absolute certain
land and air -rights required by the COUNTY for right-of-way; and
WHEREAS, the COUNTY is desirous of obtaining certain
City -owned land and air -rights for right-of-way,
NOW, THEREFORE, IN CONSIDERATION OF the mutual
premises and covenants hereinafter set forth, it is understood and
agreed as follows:
1, The Transportation Improvement Plan shall consist of
the following:
Mor1p1v
84-35
Phase I EXISTING STREET IMPROVEMENTS (1984-1985)
° Remove parking on sections of 5th and
6th Streets, to provide three lames in
each direction.
° Intersection improvements onto 5th and
6th Streets from N.E. 1st and 2nd
Avenues.
Phase 11 BRIDGE AND RAMP CONSTRUCTION (1984-1986)
° Widen eastbound SR-836 ramp to
southbound I-95 ramp to accommodate a
new access ramp from SR-836 to the
southbound I-95 off -ramp to NW 8th
Street. Access to the ramp will be
provided by either reversing the exisiting
traffic
flow
on NW
loth Street or.by
making
the
street
two-way from NW 3rd
Avenue to the ramp.
° Construct a new five -lane high level (65
feet clearance) bridge connecting the Port
to Biscayne Boulevard. Four driving
lanes and an additional lane to
accommodate the Metro -Mover Guideway.
Phase III TUNNEL CONSTRUCTION
It is the intention of the CITY and the
COUNTY that a commitment shall be made
to construct the Phase III four -lane
tunnel from the Port of Miami to I-395.
The agreed alignment extends westerly
under the Intracoastal Waterway; north,
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84-35
just inside the bulkhead line of the
former F.E.C. property and Bicentennial
Park; westerly, in tunnel, under and tied
into 1-395.
2. In consideration of the commitment for the Phase III
four -lane tunnel, the COUNTY will establish the Port
of Miami Tunnel Fund to be used for the local match
for Federal or State funding of the tunnel project.
Funds contributed annually, by the COUNTY, will
accrue, with interest, in the Port of Miami Tunnel
Fund. The contribution will be budgeted annually
from the Seaport General Fund subject to debt
coverage requirements as specified under Dade County
Ordinance No. 78-33 as revised or amended.
The following amounts represent the COUNTY'S
annual contribution to the Port of Miami Tunnel Fund:
$ 500,000 FY 84
200,000 85
300,000 86
500,000 87
600,000 88
700,000 89
500,000 each year
thereafter
through 1995
- In the event that the tunnel construction does not
commence within twelve years of the date of the
Agreement, the funds in the Port of Miami Tunnel
Fund shall be used for either capital projects or
capital equipment included within City of Miami
transportation improvement plans in the downtown
Miami area to be agreed jointly by the CITY and the
COUNTY.
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84-35.
3. The COUNTY shall immediately determine potential
means, to fund the Phase III tunnel. It is recognized
by both the CITY and the COUNTY that a Consultant
has been retained, by the COUNTY, to seek Federal
and/or State funding and the CITY shall cooperate
with the COUNTY in obtaining such funding.
Additionally, the Consultant shall attempt to obtain
Interstate or State Road designation to reduce the local
share in any final funding package and the CITY shall
cooperate in the seeking of such designation.
4. The new sixty-five foot high-level bridge (Phase II)
shall be designed to accommodate four lanes of
vehicular traffic and the necessary right-of-way
needed for construction of the guideway element of the
Metro -Mover; the guideway shall be constructed as
part of the bridge.
5. The point at which the westerly ramp of the. Phase II
bridge reaches grade will be established by the CITY
and the COUNTY following a joint analysis by the
CITY'S Bayside Consultants and the COUNTY'S bridge
Consultants of all factors related to improving
transportation in the area and providing adequate
access to the proposed Bayside Specialty Center. The
preferred alternative, is for the ramp to begin its
ascent east of the intersection of Miamarina Parkway
Drive and Port Boulevard unless otherwise determined
by both the CITY'S and the COUNTY'S consultants.
6. The COUNTY shall design and construct a Baywalk
in accordance with the CITY codes, commencing north
of the new bridge running south then east to west
parallel to Port Boulevard.
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84-35
4
7. The CITY and COUNTY Managers will appoint a joint
task force to oversee the design and construction of
the Phase II and Phase III improvements. The task
force will be charged with the responsibility of
ensuring an aesthetically pleasing design for the
bridge structure and its approaches. The task force
shall determine the limits of the landscaping and
improvements to the 5th and 6th Street corridor, and
their relationship to the proposed Bayside Specialty
Center. A nationally recognized architectural
consultant licensed to do business in the State of
Florida will be commissioned by the Consultant to
review concepts with the bridge and tunnel engineers
and to assist the task force in their deliberations.
8. All programs included in this plan shall satisfy the
Development Order and will become part of the
County's Transportation Master Plan.
9. The CITY shall support and cooperate with all efforts
by the COUNTY to seek permits and/or other
necessary documentation needed for the implementation
of the program, included within this agreement, from
other governmental agencies and third parties, and the
CITY will withdraw their objections on the 4(F)
statement now before the Coast Guard.
10. The COUNTY shall obtain from the CITY that portion
of City -owned land and air -rights, outside the present
easement (Exhibit 1 ] required for new construction and
the COUNTY agrees to compensate the CITY for the
additional right-of-way and air -rights at fair market
value. To determine fair market value, both the CITY
and the COUNTY shall seek the services of an
individual designated as M.A.I. ( American Institute of
Real Estate Appraisers) and duly certified to perform
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84-35
01
such services in the State of Florida. In the event
that the
appraisals obtained
by the CITY
and
the
COUNTY,
respectively, are
within less than
10%
of
each other, then an average of the two appraisals shall
be accepted as the agreed value. In the event that
the appraisals obtained by the CITY and the COUNTY,
respectively, are greater than 10% of each other, both
the CITY and the COUNTY shall jointly select a third
appraiser, from a mutually agreed upon list of
M.A.I.s, to obtain a third appraisal, whereupon the
high and low appraisals shall be disregarded and the
remaining appraisal shall be accepted as the agreed
value.
Upon
request, the CITY shall provide
the
COUNTY
with
a temporary construction easement
for
the Phase
H bridge and approaches.
11. One year following completion of the proj%ct, the
COUNTY and CITY shall determine if any compensation
is to be considered resulting from the impact of Port
bridge construction on the CITY, lessees' and
contractors' revenues at the Miamarina.
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84-35
4
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to -be executed by their respective officials thereunto duly
authorized this day of January, 1994.
(OFFICIAL SEAL)
ATTEST:
RICHARD P. BRINKER, CLERK
By:
Deputy Cleric
(OFFICIAL SEAL)
ATTEST:
By:
City Clerk
DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
By:
M . R . Stierheim
County Manager
THE CITY OF MIAMI, a
municipal corporation of
the State of Florida
By:
Howard Gary
City Manager
Authorized by City of Miami Resolution No.
Authorized by Dade County Resolution No.
Approved by County Attorney as to
form and legal sufficiency
Approved by City Attorney as to
form and legal sufficiency
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84-35
0 . i
► MEMORANDUM
'.07-17A
TO Honorable Mayor and Members DATE July 28, 1983
Board of County Commissioners
FROM M. R. Stierheim
County Manager
RECOMMENDATION
SUBJECT Summary Evaluation
Three Phase Concept Plan
for Port Access at the
Port of Miami
The Port of Miami is currently in the process of a major expansion
and an essential element of that program is the overall
transportation plan for the present and future traffic needs for the
Seaport and its relationship to the Downtown area. The Dade County
Transportation Planning Council (TPC) on October 13, 1981
established a Task Force, represented by technical staff from the
City of Miami, the Downtown Development Authority and the State of
Florida Department of Transportation, to develop a Port Access
Concept Plan.
Based upon their reviews with the Dade County Transportation
Committee, the Task Force recommends a three phase concept plan
(Port of Miami Proposed Implementation Schedule attached Exhibit 1)
as follows:
Phase I
Phase I includes the improvements to intersections and streets now
used by traffic coming to and from the Port. These improvements
will primarily be in the 5th Street, 6th Street, 1st Avenue and 2nd
Avenue corridors. Phase I also includes the removal of parking
along 6th Street and a part of 5th Street and Biscayne Boulevard and
entails the redesign of several intersections to increase capacity
for Port traffic. This phase should be implemented during 1983 and
1984.
Phase II
Early in review, it was obvious that the most feasible immediate
solution would be the construction of a high level bridge across the
Intracoastal Waterway connecting to Biscayne Boulevard. This would
provide adequate traffic capacity until 1995 and, by that time, the
long range Phase III could be implemented at which time the bridge
would remain to serve local traffic.
In 1982, through the efforts of Senator Lawton Chiles and
Congressman William Lehman, Congress appropriated $23 million for
the construction of the bridge and the Coast Guard was designated as
the lead agency in the planning process.
Phase II would be composed of two components:
1) Construction of a new high-level bridge over the
Intracoastal Waterway between Dodge Island and Biscayne
Boulevard with an at -grade intersection at Biscayne
Boulevard (Exhibit 2). In order to accomplish the
construction of the bridge under this phase, the County
must obtain a small section of right-of-way from the City
of Miami.
2) Construction of new ramps on I-95 to provide additional
access to and from the west on SR 836 from NW 5th and 6th
Streets (Exhibit 2A). These ramps have been recommended in
a number of other studies, including -the Downtown Mobility
and Access Study and the DuPont Plaza Analysis, and any
modification made to the DuPont Plaza ramps would be
directly related to completion of these ramps, which will
not only improve Port access but will definitely help the
Central Business Disctrict (CBD) and the government center
and Overtown areas, The Port has committed half a million
84-35
46
Phase II (Continued)
Page 2
dollars of Seaport funds for the design of these ramps in
order to expedite their construction.The design
alternatives have already been presented to the Florida
Department of Transportation for their review, and
construction funds for these proposed ramps have been
committed by the Florida Department of Transportation from
the Interstate Reconstruction, Resurfacing and Repair Fund,
which is 90% paid by the federal government and 10% by the
state. Had the Seaport not extended this money,
construction of these ramps would have been delayed
approximately two years.
Phase III
Phase III will consist of one of the following alternatives:
1. Construction of a tunnel from the Port of Miami to
Watson Island (Exhibit 3).
2. Construction of a ramp/tunnel system adjacent to
Biscayne Boulevard to the west of Bicentennial Park
connecting to I-395 (Exhibit 4).
3. Construction of an extended tunnel system under the
Intracoastal Waterway parallel to the FEC property
and Bicentennial Park with an elevated roadway
connecting to I-395 (Exhibit 5).
While all of the proposed Phase III alternatives connect Port traffic
to one of the interstate systems, providing a balanced transportation
network for the Seaport and the Downtown area, the cost in each case
will exceed $100 million. Seaport Director, Carmen J. Lunetta, and
I recommend Alternative 3. These recommendations for Phase III were
presented to the Dade County Transportation Committee on July 14,
1983, and after consideration and debate the consensus of the
Committee was that Alternative 3, a tunnel section from the Port of
Miami to I-395 along the waterfront of the FEC property and
Bicentennial Park, was the preferred alignment of the three
alternatives. The estimated construction cost of Alternate 3 is
$128 million, as determined by the tunnel feasibility study by
Singstad, Hurka & Associates, P.C. It is our hope that the City of
Miami will join with D.D.A. and the New World Center Action
Committee in a unified effort to seek necessary federal funding for
Alternative 3, as this alternative is in the best interest of the
City of Miami. During the period that federal transportation
dollars are being sought for the tunnel alternative, a
Transportation Improvement Fund will be established and -funded by
the Seaport for all local costs.
Implementation of any of the alternatives listed in the three phase
program will require that certain rights -of -way be obtained from the
City of Miami.
BACKGROUND
Because of the complexity of the alternatives and the variety of
agencies involved, the TPC, acting as the coordinating body for
countywide transportation projects, accepted the leadership role in
coordinating the process of access alternative review and plan
selection. On October 13, 1981, the TPC established the Port Access
Task Force.
The Ta3k Force, working closely with the Seaport Department and its
consultant, adopted the following objectives at its first meeting on
December 16, 1981:
Access to Dodge Island should be improved to satisfy
current and future needs.
84-35
Page 3
BACKGROUND (Continued)
° A plan for meeting the growing access needs of the Seaport
should be implemented in stages.
° Traffic accessing the Seaport should be diverted from
local streets in the Central Business District.
° Traffic flows serving the Seaport should be harmonized
with the Park West Plan/Overtown.
° Air quality in the CBD should be improved by eliminating
impediments to the movement of traffic accessing the
Seaport.
Access proposals shall be compatible with Bayfront Park/
Bicentennial Park Plans.
The objectives recognize the importance of meeting Seaport access
needs by phasing improvements. The phasing concept plan recommended
by the Task Force is an outgrowth of an extensive analysis of
alternatives carried out by the Seaport's consultant.
I-95 Improvements
One alternative for providing freeway access is to improve the
existing I-95 freeway (see Figure 10). The I-95 improvements will
be required if access is provided to and from the Port via the
existing N 5th and 6th Street corridor. They are also highly
desirable to provide additional access into the Miami CBD, the
expanding Government Center, and the Park West development.
The existing northbound on -ramp to I-95 from NW 3rd Avenue now has a
13-foot 9-inch clearance, which is restrictive for many trucks.
Increasing the verticle clearance of this ramp will provide access
to north I-95 for trucks requiring the increased height. This ramp
provides access to northbound I-95, but does not allow vehicles to
access westbound SR 836. vehicles may travel west on SR-112
approximately three miles to the north; but SR-112 terminates east
of Miami International Airport without providing good access with
the Palmetto Expressway and industrial areas further west.
The interchange of I-95 and SR-836 does not allow access to and from
the west via the existing interchange of I-95 with NE 5th and 6th
Streets; but preliminary investigation indicates that these traffic
movements could be provided. The eastbound SR-836 to southbound
I-95 ramp can be widened to accommodate a new access ramp from SR
836 to the southbound I-95 off -ramp to NW 8th Street. The new ramp
will provide access to Miami for traffic that now must travel from
I-395 to NE Ist Avenue or Biscayne Boulevard, or travel south on
I-95 and into the DuPont Plaza via the I-95 connector. The traffic
flow from Miami to westbound SR-836 can use the new proposed ramp
from NW 10 Street and merge with the northbound I-95 ramp to
westbound SR-836. Access to the ramp will be provided by either
reversing the existing traffic flow on NW loth Street or by making
the street two-way from NW 3rd Avenue to the ramp. With this new
ramp, NW llth Street will have to be closed under the I-95
Expressway or height clearances will have to be restricted. The new
ramp will have the required elevation to clear the Dade County Rapid
Transportation System of NW loth Street.
The estimated cost of constructing the improvements required for
I-95 is approximately $5 million.
Subsequent to the recommendation and approval by the Dade County
Transportation Committee, the Task Force was again recalled to
evaluate and define the third and last phase, so as to avoid future
traffic congestion for lack of an approved plan.
84-35
tFAV- 1'i .h r 'r.*"".W1"'0.. n
Page 4
BACKGROUND (Continued)
This third phase should comply with the following guidelines:
Provide a direct tie to the expressway system.
° Minimize any land taking.
° Utilize least valuable properties along the proposed
alignment.
° Utilize boundary corridors along the Bayfront Park/
Bicentennial Park, Park West/Overtown, and Government Center
project boundaries.
° Provide more than one point of access to the Seaport.
° Avoid any use of the Overtown area.
° Minimize impacts on major proposed announced projects such
as the Downtown Component of Metrorail (DCM), Downtown
Arena, Freedom Tower, and others.
A considerable amount of time was spent in developing Phase III,
with the Downtown Development Authority, the Miami Chamber of
Commerce New World Center Action Committee, and the State of Florida
Department of Transportation, which culminated with the Task Force,
on July 11, 1983, identifying and recommending Phase III, as
previously described.
CONCLUSION
In consideration of the materials presented at this time, the
Seaport Director, our consultants and I believe that the results
recommended are in the best interest of the Seaport and the entire
community. It is recognized that to accomplish the construction of
the bridge, a section of what is known as the FEC parcel will be
required. The City of Miami has reserved this parcel as future
right-of-way and will eventually rezone from its commercial status
to accomplish the same.
84-�
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PORT OF MIAMI ACCESS
PROPOSED IMPLEMENTATION SCHEDULE
PHASE
RESPONSIBLE
AGENCY
1982
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
2000,
PLANNING
SEAPORT/TASK FORCE
PHASE i
-
IMPROVEMENTS
TO
FUNDING
SEAPORT
INTERSECTIONS
EXISTING
DESIGN
SEAPORT
STREETS
_
IMPLEMENT
SEAPORT
PLANNING
SEAPORT/TASK FORCE
FUNDING
SEAPORT/FDOT/DOT
'
PHASE IIA
NEW BRIDGE
DESIGN
SEAPORT
AND
APPROACHES
IMPLEMENT
SEAPORT/FDOT
PLANNING
SEAPORT/TASK FORCE
rit.
PHASE IIB
FUNDING
SEAPORT/FOOT/DOT
DADE CO/CITY OF
;.
RAMPS
MIAMUOTHERS
TO
"-
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DESIGN—
SEAPORT/FDOT
IMPLEMENT
FOOT
LZ
PLANNING
SEAPORT/TASK FORCE
flow -
PHASE III
FUNDING
SEAPORT/FOOT/DOT
-
ULTIMATE
--
-
-
--
-
- -
-.
DESIGN
IMPROVEMENTS
SEAPORT/FDOT
•
SEAPORT/FOOT
IMPLEMENT
EXHIBIT
0
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Itlll illii =11111 IIiIi li1NlII
1-95/SR 836
INTERCHANGE IMPROVEMENTS
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EXHIBIT 2A
84-3
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PHASE II - BRIDGE
EXHIBIT 4
84--35
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2
i
4-LANE TUNNEL STRUCTURE FROM PORT OF MIAMI TO 1-395
( WITHIN BICENTENNIAL PARK w/UNDERGROUND INTERCHANGE )
Disadvantages:
I. Modification to existing traffic patterns on Port of.
Miami.
2. Closing of Intracoastal Waterway for 9-12 month con-
struction cost. (Cofferdam Method)
3. Some impact on Bicentennial Park during construction.
4. Requires above grade ventilation structure.
Advantages
1. Eliminates Port traffic from Biscayne Boulevard by
diverting it directly to I-395.
2. View of Bay is not disturbed.
3. No visual or physical impact to Bicentennial Park.
4. No obstruction between Bayfront Park and F.E.C.
5. Minimal real estate costs
Cc- .
6. Deep draft ships may dock alongside park bulkhead.
-szts:
1. 4 lanes - 2 lanes in each direction connecting Port
Of Miami to I-395.
2. 14-foot draft at Deep -Water Slip.
3. Estimated $128.7 million dollars for construction, costs.
4. ' 11 ECoM`__ =_ EXHIBIT 5
6
84-35
v
U
Agenda Item No.
RESOLUTION NO.
RESOLUTION APPROVING A THREE PHASE CONCEPT
PLAN FOR PORT ACCESS AT THE PORT OF MIAMI
WHEREAS, this Board desires to accomplish the purposes
outlined in the accompanying memorandum, a copy of which is
incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board approves
the Three Phase Concept Plan for Port Access at the Port of Miami
as set forth in the Summary Evaluation, a copy of which is
attached hereto and made a part hereof.
The foregoing resolution was offered by Commissioner
, who moved its adoption. The
motion'was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Barbara M. Carey
Clara Oesterle
Beverly B. Phillips
James F. Redford, Jr.
Harvey Ruvin
Barry D. Schreiber
Ruth Shack
Jorge E. Valdes
Stephen P. Clark
The Mayor thereupon declared the resolution duly passed and
adopted this
Approved by County Attorney as to
form and legal sufficiency.
DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
RICHARD P. BRINKER, CLERK
By:
Deputy Clerk
84-35
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right ninety degrees; seventeen minutes, thirty-
five seconds (900 17 3511) run along "Ld U.S.
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(100,001) to a poL1t (S 130.009 it 1322.01);
Chance deflecting to the right eighty-nine do-
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f Lve-tecths saccade (50" 56' 59.5") , a distance
f )%% hundred aed ntaety-three and eighty-five
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(S 21(,. 66 6 316.811; thence .un s3uthwastuardly
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point on cure (S 279.839 ff 260.1U); thence run
notthwestwrdly along the art 3f saki c irve to
►.hr 1 elt hav og a radt..a nf five h.indred on* and
thiriy-six !umdredths feet (501.361) and a delta
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six and four -tenths secands (14" 53' 46.411).; a
d is ranc: e of one hratdr ed thirty and thirty- f ive
hundredths foot (130.35') to a point of reverse
curve (S 173.660 E 185.72); thence tun northwest-
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having a radius of f mx hundred f i f t y -three and
thirty-six hundredths feet (453.361) and a datta
of twouty-one degrees, thirty eaioutss, fifty-nine
and nine -tenths soronds (2lo 30' 59.9"), a dis-
tance of one hundred seventy and twenty-five
hundredths feet (110.25") to the Poiet of Begin-
ning; containing three and sevent tan hundredths
(3.17) acres, more or lees.
Above coordinates refer to the Part of Muni
system of local coordinates; 0.00 t, 0900 S is
easterly intersection of Northaset Sixth Street
nonumat line and Disc^yae 8&4L*vard monument
line* zastarly projoccLon of Northeast Sixth
Street monument line aasunsd true Bast.
The south that itpuL (1.0 feet of the cost
three hundred an-1 (370') feet of
this saeesea t 4re co *# ue*d by the D spar t-
mert of Yacht D^cou uf, l"tt CLty cf Miami
tar marina purp✓ esm.
Sketch of said "srrn.wa. aryl is hera►,o attached
as Uhibit "A" anti !.% r-t.t'.,ronca made a part: hereof.
84-35
��' �'3�'�.:�ri:WiWRlJr..�..• ...�- -- - - -- •A.�. �. _ ::Lit'
Ve ta.es *rd �,i-pc,ses for which thto eaeieeet%t to
grar.',ed ar.e rc pr�vile ar%. enr.�ance aparaa:h Vtd 'ex t r;.adwy
for traf f i - p.tesLrg retwet% Rl scayn* Boulevard and tho cauaeve y
which will be c.-,nstruct.ed eamtward t:rcm the e•tstarn terminus of
the herein _'ea.:ribed e+aeemeat at the United StaLoe Harbnt Line
as awe is wabl ished ,al: cR the west shore j Biscayne Bev, to
Oadgo tsi•enc serve the r'-Tt faci:ttieo and •ppu-certrLes to
be thorto!,: an-i (2) f r the : )rst•r•i.;tion, oparation
sad zaiar.e-Kr*e of twricipal and public urLiities, including
bCut nut lWit.ad to the cons tructioa and asintenarce of a rail=
road *put treck to serve the said Port and its appurteorances,
and appropriate devices for the signattuti-.-n and control of
trot f 1-c ir. tLa movement between bi rtcayre Sou] evord and the
P►)rt fat.ti ttri*4 on Dodge Island.
Is
Any plan for the construction or future isproveaent.
of the heroin described eameiment area which salt by prepared for
or by second party, and any future revision thereof, shall each
be submitted to and approved by the City Kaeager of THE CITY OF
MIAMI and no work required by any r ch plan or revision shall
be performed on acid easement area until the plan therefor shall
have receLved such approval.
Second party shall not erect any structure or
facility on the herein described easement area or slake any use
of any part thereof, beyond the nosml use for traffic control
and signalisatton, which will tend to hinder or block the use
thereof by the public for igwass and wises to. and from (1)
the aatni-;+pal audituri.o and Cunvention But -eat, located at the
north w.74 )f Bayfr^nt Ptirk, and (2) the City 'hoot Dodos and
84-35.
. e•
0
Main as they now exist or may hereafter exist along the •bore
of Biscayne Say at or near the south boundary of the easement
area herein described. �-
Second party, at it* salt cost, and within cvo
C�
years from the date hereof, shall develop and provide a paved
parking area norc.h of the day Front Convention Bureau and
Auditorium, rj teplaca as nearly to is reasonably possible
the area of the t: is t iag par k ir4 ar+sa vhic h asy be made unavail-
able to the public by reason of the inclusion thereof in the
tsst nr area htrain described,
first party reserves the right either to construct
and maintain or to permit public utilities to be constructed,
operatad and maintain" over, across, through and nudes the
swface of the herein described tasvernt area. Thka reserved
right shall includ4 but not be limited to the construction of
*tots and sanitary severs, gas, electric, talepbooe, telegraph.
asd rater lines,. with appropriate appurtenances.
The aforesaid reservation of right of user by first
party for public utilities shall always be subject to tha condi-
tion that any construction or use cheroot shall be done in a
newer to sin"Lue the interference with or hindrance to any
use by second party which spay be incident to its use of the area
herein described as an approach to the caaaewsy or bridge afore -
Mentioned.
The description of the tasssent area herein granted
will be emandad in the event it shall be detecsined by first
party than, a greater or additimml area is needed to properly
cbsnaelise traffic from or $&to Biscayne bouLavajtd, Any addi-
• 04- ; 84-35.
J!1
tional construction cads necessary by the enlargment of the
easement area shall be at cost of second party.
within 90 days after the date hereof, and at its
sole coot, second party shall construct priperly bulkheaded
Yacht a:ck wharf according to plan approved by the City Manager
of The City of Himmi on the area herein reserved to the De-
partmant of Yacht Docks for marina purposes, to -vat: the
south 13 feet nf the east 370 feet of the easesant area herein
described.
Second party shall maintain the entire easoment
arse herein described in such manner that at all time it
shall be free from impedimnt or hazard to pedestrians or
vehicles passing over or along same, and that particularly
during any period of construction, improvement, alteration
or repair on such easement area, proper access to the Muni-
cipal Auditorium, Convention Bureau, City Yacht Docks and
Marina shall continuously be available to pedestrian and vehi-
cular traffic:
Should the above easement be abandoned or discon-
tinued by law or otherwise, the said "moment shall erase and
revert to the grantor herein, or its successors.
IN YITWSS WKKMW, THE CITY OF liUNZ, a mmicipal
corporation of the State of Florida, has caused this instru-
rnt to be exsuetod in its name and its Corporate Seal to be
affixed hereto by its City Manager and its City Clark, both
thereunto duly authorised, this day of
A.D. 1961.
Signed, sealed and Delivered
in dies rreaence of:
TER Cm OF Mimi
sir• ....
City W=Aget
Attest:
as City Clark
• - . .5- 84-35.
NUTS Cr FLORMA)
) as
COUNII OT DAM )
I, A WWI MILIC 1►''aR TW ,'!AU OT TYMIDA AT
LAMi, HWXBY CXRTITY that on this day of
, A.D. 1961, peraooally appeared before as
M. L. 1"" and T. L. Correll, know to me to be the City
Manager and the City Clwk respectively, of the City of Huai,
a comic ipal corporation in and under the Lowe of the boats of
Florida, and kaoen to r to be the persons who executed the
foregoing instrument and they severally acknowledged the
examtIm thereof to be their free act and do" as such of -
fixers, for the uses and purposes therein espreseed, and
that they offLzod thereto the official seal of the said mini•
cipal corporation, all by and with the authority of law and
the City Comeission, and that the sssid iostruasat is the fro*
aad F,F I act of the said municipal corporation.
wrru d ny brad aad official seal in said Ommty
and Otate the day'aad year last aforesaid.
My Comiesion upirest
Notary Public, OtAtO 01 FUWM at Legge
-6•
84--35.