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HomeMy WebLinkAboutR-20-01600FCity of Miami G�TY 'LJ 1 Legislation * IA61RR uuu �F 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