HomeMy WebLinkAboutR-20-01600FCity of Miami
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Legislation
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l ° R I° Resolution: R-20-0160
File Number: 7443
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/28/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S)
,PURSUANT TO CITY OF MIAMI CHARTER ("CHARTER") SECTION 29-B(C),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT
("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
MIAMI-DADE WATER AND SEWER DEPARTMENT, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA ("WASD"), FOR A PERPETUAL,
NON-EXCLUSIVE EASEMENT OF APPROXIMATELY TWO HUNDRED FIFTY-
ONE (251) SQUARE FEET OF CITY OF MIAMI ("CITY') OWNED PROPERTY
KNOWN AS THE GROVE BAY PARKING GARAGE, IDENTIFIED AS FOLIO
NUMBER 01-4122-002-0010, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" OF THE EASEMENT, FOR WASD TO CONSTRUCT,
RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR,
REPLACE, IMPROVE, REMOVE, AND INSPECT WATER TRANSMISSION
AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO,
INCLUDING BUT NOT LIMITED TO, FIRE HYDRANTS, SEWAGE
TRANSMISSION AND COLLECTION FACILITIES, AND ALL APPURTENANT
EQUIPMENT, WHICH RIGHT, PRIVILEGE, AND EASEMENT SHALL INCLUDE
THE RIGHT TO REMOVE OR DEMOLISH, AS MAY BE NECESSARY TO
CARRY OUT ANY RIGHT GRANTED THEREIN, WITH THE FULL RIGHT OF
INGRESS THERETO AND EGRESS THEREFROM, IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THE EASEMENT; CONTAINING A
REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR
DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY
TO EFFECTUATE SAID EASEMENT.
WHEREAS, pursuant to City of Miami ("City") Charter ("Charter") Section 29-13(c),
Miami -Dade County Water and Sewer Department, a political subdivision of the State of Florida
("WASD"), has requested an easement on a portion of City of Miami ("City") owned property
identified as Folio Number 01-4122-002-0010 (known as Grove Bay Parking Garage) of
approximately two hundred fifty-one (251) square feet ("Easement"), as more particularly
described in Exhibit "A" of the Easement; and
WHEREAS, said Easement will be used to construct, reconstruct, lay, install, operate,
maintain, relocate, repair, replace, improve, remove, and inspect water transmission and
distribution facilities and all appurtenances thereto, including but not limited to, fire hydrants,
sewage transmission and collection facilities, and all appurtenant equipment, which right,
privilege and Easement shall include the right to remove or demolish, as may be necessary to
carry out any right granted therein, with the full right of ingress thereto and egress therefrom;
and
City of Miami Page 1 of 2 File ID: 7443 (Revision:) Printed On: 711012020
File ID: 7443 Enactment Number: R-20-0160
WHEREAS, the Easement shall further contain a reverter provision stating that if the
Easement is abandoned or discontinued, the Easement shall cease and revert back to the City;
and
WHEREAS, the Easement is necessary in order to bring service to the City -owned
property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Pursuant to City Charter Section 29-13(c), the City Manager is authorized' to
execute the Easement on a portion of City -owned property identified as Folio Number 01-4122-
002-0010 (known as Grove Bay Parking Garage) to WASD of approximately two hundred fifty-
one (251) square feet, as more particularly described in Exhibit "A" of the Easement, for WASD
to construct, install, operate, and maintain water facilities, with the right to construct, reconstruct
lay, install, operate, maintain, relocate, repair, replace, improve, remove, and inspect water
transmission and distribution facilities and all appurtenances thereto, including but not limited to,
fire hydrants, sewage transmission and collection facilities, and all appurtenant equipment,
which right, privilege, and Easement shall include the right to remove or demolish, as may be
necessary to carry out any right granted therein, with the full right of ingress thereto and egress
therefrom, in accordance with the terms and conditions of the Easement.
Section 3. The Easement shall contain a reverter provision if the Easement is
abandoned or discontinued.
Section 4. The City Manager is further authorized' to execute any and all necessary
documents, including amendments and modifications to said agreement, all in a form
acceptable to the City Attorney, as may be necessary to effectuate said Easement.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature by the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
i ria ndez, JC ity Attor iey 5/18/2020
' The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
z If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 7443 (Revision:) Printed on: 711012020