HomeMy WebLinkAboutR-72-0143RESOLUTION NO. 762 - / 3-•-
A RESOLUTION APPROVING THE CONVEYANCE OF A
PERPETUAL CHANNEL RIGHT OF WAY EASEMENT AND
A TEMPORARY CONSTRUCTION EASEMENT TO THE
UNITED STATES FOR CONSTRUCTION OF THE MIAMI
HARBOR IMPROVEMENT PROJECT.
WHEREAS, by Public Law 90-483, passed on August 13, 1968, Congress
authorized the construction of harbor improvements to the Miami Harbor; and
WHEREAS, the Corps of Engineers now propose to construct improve-
ments by enlarging the existing 30-foot deep entrance channel to a 38-foot
depth and a 500-foot width from the ocean to the existing beach line, and by
deepening the existing 400-foot wide channel across Biscayne Bay to 36 feet,
and by deepening the existing turning basins at Biscayne Boulevard Terminal
and Fisher Island to 36 feet; and
WHEREAS, Dade County, by Resolution No. R-1282-68, adopted Novem-
ber 4, 1968, assumed the full responsibility to provide, without cost to the
United States, all lands, rights of way and easements required for the con-
struction of said authorized improvements and subsequent maintenance of the
project and for aids to navigation upon request of the Chief of Engineers;
and
WHEREAS, the required area, which is located on the North end of
Virginia Key and owned by the City of Miami, needed by the Corps of Engineers
as a temporary construction easement for the disposal of dredged materials,
and as shown on the attached sketch labeled "Parcel No. CDA-7A", is more
particularly described as follows:
TEMPORARY CONSTRUCTION EASEMENT
Commence at the Southwest corner of Section 9, Township 54 South,
Range 42 East, Dade County, Florida, the Standard Plane Rectangular
Coordinate for the East Zone of Florida for said point are X=777,170.42,
Y=515,973.33; thence run S 0°22'53" E Mercator, along the Southerly
prolongation of the West line of said Section 9, for a distance of
664.56 feet to a point; thence run N 83°38'27" E, for a distance of
724 feet more or less to the point of intersection with the Westerly
mean high water line of Virginia Key, and the Point of Beginning of
the herein described parcel of land; thence continue to run
N 83°38'27" E, for a distance of 3340 feet more or less to the point
of intersection with the Easterly mean high water line of Virginia
Key; thence meander Northwesterly, Northerly, Southwesterly and
Southerly, along the mean high water line of Virginia Key, for a
distance of 7,550 feet more or less to the Point of Beginning, con-
taining 125 acres more or less.
INDEX
!!
CITY COMMIS"raN
MEETING ING O
MAY 4 1972
RFSO1uT',nn r''? 1 a-. - l 44
Page No. 2
AND, WHEREAS, the Corps of Engineers has advised Dade County that
it requires the right to enter upon and to use any and all of the hereinabove
described temporary construction easement for a period of 3 years from the
date of execution of the requested easement, to construct, operate, maintain,
repair, replace and remove pipelines used in connection with the transmission
of dredged materials to or across said tract of land, and for the purpose of
depositing dredged or excavated materials on said land, including the right
to construct a dike to contain the deposited materials; and
WHEREAS, the deepening of the existing 400-foot wide channel across
Biscayne Bay will necessitate the shifting of the channel alignment 50 feet
southward to prevent possible undercutting of MacArthur Causeway and will
require a perpetual channel right of way easement across the northeasterly
tip of Sam's Island which is owned by the City of Miami; and
WHEREAS, the area required for a perpetual channel right of way
easement, so delineated upon the attached sketch labeled "Sam's Island", is
more particularly described as follows:
PERPETUAL CHANNEL RIGHT OF WAY EASEMENT
Any portion of Sam's Island, located approximately in the NE1
of Section 9, Township 54 South, Range 42 East, Dade County,
Florida, which lies Northeasterly of the following described
line:
Commence at a point that is 100 feet Northerly of the North
boundary line of Fisher Island and 1600 feet more or less
Easterly of the West Bulkhead line of Fisher Island, said
point being the Westerly terminus of the Southernmost boundary
of that easement granted to the UNITED STATES OF AMERICA by
the CITY OF MIAMI, dated April 18, 1963, and recorded in
Official Records Book 3622 at Page 755 of the Public Records of
Dade County, Florida, the Standard Plane Rectangular Coordinates
for the East Zone of Florida for said point being X=781,768.30,
Y=520,880.95; thence run N 02°03'42" W Mercator, along a Westerly
boundary of said easement, for a distance of 580.61 feet; thence
run N 34°16'14" W along a Southwesterly boundary of said easement,
for a distance of 287.18 feet to the Point of Beginning of the
herein described line; thence run N 67°23'53" W, for a distance
of 1277.51 feet to the END of the herein described line.
AND WHEREAS, the City of Miami finds that the conveyance of the
temporary construction easement and the perpetual channel right of way
easement for the purposes above stated to be a public necessity in con-
sideration of the necessary improvement of the said Miami Harbor Project;
Page No. 3
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. That the City of Miami adopts and finds these matters
set out in the foregoing recitals, and hereby approves the conveyance of the
temporary construction easement and perpetual channel right of way easement
to the United States of America.
Section 2. That the City Manager and City Clerk be, and they
are hereby authorized and directed to execute and deliver to the United States
of America the attached temporary construction easement and perpetual channel
right of way easement.
PASSED AND ADOPTED THIS day of
`/-1- -ti1 - , 1972.
STATE OF FLORIDA )
COUNTY OF DADE
CITY OF MIAMI )
I, F. L. CORRELL, Clerk of the City of Miami, Florida, do hereby
certify that the above and foregoing pages numbered 1, 2 and 3 contain a
true and correct copy of a resolution passed and adopted by the Commission
of said City at a meeting held on the day of
1972, designated Resolution No.
WITNESS, my hand and the official seal of the City of Miami,
Florida, this day of , 1972.
F. L. CORRELL,
City Clerk
PARTIES OF INTEREST:
ri
1►oclS IZ/W Div.
Rd. #
Owner
PARCEL DATA SHEEP
MIAMI HARBOR DEEPENING PROJECT
SAM'S ISLAND
Section 9-54-42
CITY OF MIAMI
111.04-14
Parcel No.
"'Rrcel Area
Parent Tract Area
Legal Description of Parcel
Any portion of Sam's Island, located approximately in the NEB
of Section 9, Township 54 South, Range 42 East, Dade County,
Florida, which lies Northeasterly -of the following described
line:
Commence at a point that is 100 feet Northerly of the North
boundary line of Fisher Island and 1600 feet more or less Easterly
of the West Bulkhead line of Fisher Island, said point being the
Westerly terminus of the Southernmost boundary of that easement
granted to the UNITED STATES OF AMERICA by the CITY OF MIAMI,
dated April 18, 1963, and recorded in Official Records Book 3622
at Page 755 of the Public Records of Dade County, Florida, the
Standard Plane Rectangular Coordinates for the East Zone of Florida
for said point being X=781,768.30, Y=520,880.95; thence run
N 02°03'42" W Mercator, along a Westerly boundary of said easement,
for a distance of 580.61 feet; thence run N 34°16'].4" W along a
Southwesterly boundary of said easement, for a distance of 287.18
feet to the Point of Beginning of the herein described line; thence
run N 67°23'53" W, for a distance of 1277.51 feet to the END of the
herein described line.
Revised
12')403
Parcel No.
March 28, 1971.
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PARTIES OF INTEREST:
;eunty
tic Works R/W Div.
Rd. if
Owner
PARCEL DATA SHEET
MIAMI HARBOR DEEPENING PROJECT
CONSTRUCTION DISPOSAL AREA -7A
Section 9 & 16-54-42
CITY OF MIAMI
III.O4-'3
Parcel No. CDs'-7A
*reel Area + 125 Acres
Parent Tract Area
Legal Description of Parcel
Continence at the Southwest corner of Section 9, Township 54 South, Range 42 East,
Dade County, Florida, the Standard Plane Rectangular Coordinates for the East
Zone of Florida for said point are X=777,170.42, Y=515,973.33; thence run
S 0°22'53" E Mercator, along the Southerly prolongation of the West line of
said Section 9, for a distance of 664.56 feet to a point; thence run N 83°38'27" E,
for a distance of 724 feet more or less to the point of intersection with the
Westerly mean high water line of Virginia Key, and the Point of Beginning of
the herein described parcel of land; thence continue to run N 83°38'27" E, for
a distance of 3340 feet more or less to the point of intersection with the
Easterly mean high water line of Virginia Key; thence meander Northwesterly,
Northerly, Southwesterly and Southerly, along the mean high water line of
Virginia Key, for a distance of 7,550 feet more or less to the Point of
Beginning, containing 125 acres more or less.
%:P
Revised
Parcel NoCDA
.` 7A
Date March 27, 1972
S
1
•
CHANNEL RIGHT OP WAY EASEMENT
THIS INSTRUMENT made and entered into this day of ,
19 , between the City of Miami, a municipal corporation of the State of Florida,
in the County of Dade, party of the first part, and the United States of America,
party of the second part,
WITNESSETH:
WHEREAS, in accordance with Public Law 90-483, passed on August 13, 1968,
wherein Congress authorized the construction of harbor improvements to the Miami
Harbor, the Corps of Engineers now propose to construct said improvements, subject
to the condition, among others, that local interests furnish free of cost to the
United States all necessary lands for said improvements; and
WHEREAS, Dade County, has assumed the obligations of local sponsor with
respect to procuring said necessary lands without cost to the United States; and
WHEREAS, the party of the first part is owner in fee simple of the Tract
of land situated in Dade County, State of Florida, being a portion of Sam's Island
and more particularly described as follows:
Any portion of Sam's Island, located approximately in the NE1
of Section 9, Township 54 South, Range 42 East, Dade County,
Florida, which lies Northeasterly of the following described line:
Commence at a point that is 100 feet Northerly of the North
boundary line of Fisher Island and 1600 feet more or less East-
erly of the West Bulkhead line of Fisher Island, said point
being the Westerly terminus of the Southernmost boundary of
that easement granted to the UNITED STATES OF AMERICA by the
CITY OF MIAMI, dated April 18, 1963, and recorded in Official
Records Book 3622 at Page 755 of the Public Records of Dade
County, Florida, the Standard Plane Rectangular Coordinates
for the East Zone of Florida for said point being X=781,768.30,
Y=520,880.95; thence run N 02°03'42" W Mercator, along a West-
erly boundary of said easement, for a distance of 580.61 feet;
thence run N 34°16'14" W along a Southwesterly boundary of said
easement, for a distance of 287.18 feet to the Point of Beginning
of the herein described line; thence run N 67°23'53" W, for a
distance of 1277.51 feet to the END of the herein described line.
AND, WHEREAS, a channel right of way easement on said tract of land is
needed in connection with the aforesaid improvement.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00), the
receipt of which is hereby acknowledged, and the benefits to the party of the first
part that will result from the proposed improvement, the party of the first part does
hereby grant, bargain, sell and convey unto the party of the second part, the assign-
able perpetual channel right of way easement and right to intermittently or continu-
ously enter upon and to use any and all of the hereinabove described tract of land
for the following purposes:
a. The right to construct, operate, and maintain channel improvement works
on, over, and across said tract of land.
b. The right to clear, cut, fell, remove and dispose of any and all timber,
trees, underbruse, obstructions, and any other vegetation, structures, or obstacles
within the limits of the right of way easement; to excavate, dredge, cut away, and
remove any or all of said land; to maintain said land cut away as part of the navigable
waters of the United States; to install, maintain, and service aids to navigation; and
for such other purposes as may be required in connection with the construction of said
project.
"SUPOi,llir
TO HAVE AND TO HOLD said rights and right of way easement unto the party
of the second part, and its assigns forever, reserving to the party of the first
part all such rights and privileges as may be used without interfering with or
abridging the rights and right of way easement hereby acquired.
Party of the first part covenants that it has a good and lawful right to
convey the easement rights stated herein, and covenants to warrant and defend the
same to the said party of the second part against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, THE CITY OF MLAMI, a
State of Florida, has caused this instrument to be
corporate seal affixed hereto, by its City Manager
duly authorized this day of
Signed, Sealed and Delivered
in the Presence of:
Witnessed to both Signatures
municipal corporation of the
executed in its name and its
and City Clerk, both thereunto
, A.D. 19
STATE OF FLORIDA
COUNTY OF DADE )
THE CITY OF MIAMI, FLORIDA
BY:
M. L. REESE, As City Manager
Attest:
F. L. CORRELL, As City Clerk
I, an officer authorized to take acknowledgements HEREBY CERTIFY that
on this day of , 19 , personally appeared before
me M. L. REESE and F.L. CORRELL, known to me to be the City Manager and the City
Clerk, respectively of THE CITY OF MIAMI, a municipal corporation in and under
the laws of the State of Florida, and known to me to be the persons who executed
the foregoing instrument, and they severally acknowledged the execution thereof
to be their free and voluntary act and deed as such officers, for the uses and
purposes therein expressed, and that they affixed thereto the official seal of
the said municipal corporation, all by and with the authority of law and of the
City Commission, and that the said instrument is the free and formal act of the
said municipal corporation.
WITNESS my hand and official seal in said County and State the day
and year last aforesaid.
Notary Public, State of Florida at Large
APPROVED AS TO FORM: My Commission Expires
City Attorney
stc‘ftra ! :.• fi•
F"tF r{-hfi
TEMPORARY EASEMENT
THIS INSTRUMENT made and entered into this day of
19 , between the City of Miami, a municipal corporation of the State of Florida, in
the County of Dade, party of the first part, and the United States of America, party
of the second part,
WITNESSETH:
WHEREAS, in accordance with Public Law 90-483, passed on August 13, 1968,
wherein Congress authorized the construction of harbor improvements to the Miami Harbor,
the Corps of Engineers now propose to construct said improvements, subject to the con-
dition, among others, that local interests furnish free of cost to the United States
all necessary lands for said improvements; and
WHEREAS, Dade County has assumed the obligations of local sponsor with respect
to procuring said necessary lands without cost to the United States; and
WHEREAS, the party of the first part is owner in fee simple of the tract of
land situated in Dade County, State of Florida, more particularly described as follows:
PARCEL CDA-7A
Commence at the Southwest corner of Section 9, Township 54 South, Range
42 East, Dade County, Florida, the Standard Plane Rectangular Coordinates
for the East Zone of Florida for said point are X=777,170.42, Y=515,973.33;
thence run S 0°22'53" E Mercator, along the Southerly prolongation of the
West line of said Section 9, for a distance of 664.56 feet to a point; thence
run N 83°38'27" E, for a distance of 724 feet more or less to the point of
intersection with the Westerly mean high water line of Virginia Key, and the
Point of Beginning of the herein described parcel of land; thence continue
to run N 83°38'27" E, for a distance of 3340 feet more or less to the point
of intersection with the Easterly mean high water line of Virginia Key;
thence meander Northwesterly, Northerly, Southwesterly and Southerly, along
the mean high water line of Virginia Key, for a distance of 7,550 feet more
or less to the Point of Beginning, containing 125 acres more or less.
AND, WHEREAS, a temporary construction easement on said tract of land is
needed in connection with the aforesaid improvement.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00), the receipt
of which is hereby acknowledged, and the benefits to the party of the first part that
will result from the proposed improvement, the party of the first part does hereby grant
unto the party of the second part an easement, license and privilege to enter tpon and
to use any and all of the hereinabove described tract of land for a period of three (3)
years from the date of this instrument, for the following purposes:
a. The right to construct, operate, maintain, repair, replace, and remove
pipelines used in connection with the transmission of dredged materials to or across
said tract of land.
b. The right to deposit spoil or dredged materials on said land, including
the right to construct dikes to contain the deposited materials, in connection with
the construction of said project.
Party of the first part covenants that it has a good and lawful right to
convey the easement rights stated herein, and covenants to warrant and defend the
same to the said party of the second part against the lawful claims of all persons
whomsoever.
"SLJPOP,TIVE DOCUMENT
TO:
ft
t ait tioti`N'ESS WHEREOF, THE
plotida, has caused this
au hotizedteal affixed hereto, by
day
Signed, Sealed and Delivered
in the Presence of:
Witnessed to both Signatures
CITY OF MIAMI, a municipal corporation of the
instrument to be executed in its name and its
its City Manager and City Clerk, both thereunto
of , A.D. 19_, .
STATE OF FLORIDA
COUNTY OF DADE
THE CITY OF MIAMI, FLORIDA
By:
M. L. REESE, As City Manager
Attest:
F. L. CORRELL, As City Clerk
I, an officer authorized to take acknowledgements, HEREBY CERTIFY that on
this day of , 19 , personally appeared before me
M. L. REESE and F. L. CORRELL, known to me to be the City Manager and the City Clerk,
respectively, of THE CITY OF MIAMI, a municipal corporation in and under the laws of
the State of Florida, and known to me to be the persons who executed the foregoing
instrument, and they severally acknowledged the execution thereof to be their free
and voluntary act and deed as such officers, for the uses and purposes therein
expressed, and that they affixed thereto the official seal of the said municipal
corporation, all by and with the authority of law and of the City Commission, and
that the said instrument is the free and formal act of the said municipal corporation.
WITNESS my hand and official seal in said County and State the day and year
last aforesaid.
Notary Public, State of Florida at Large
APPROVED AS TO FORM: My Commission Expires:
City Attorney
-2
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I I 'L..1TE Tw .
RESOLUTION r,15 . T.. 4. _