HomeMy WebLinkAboutScrivener's Error Memo1CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attorney
DATE: February 9, 2021
RE: Resolution No. R-21-0040 - Authorize Two (2) Perpetual Non -Exclusive
Easements and one (1) License Agreement with the Florida Department of
Transportation.
File No. 8373
At its January 28, 2021 meeting, the City Commission adopted the above referenced
agenda item, PH.6, authorizing the City Manager to execute two (2) easements to the Florida
Department of Transportation ("FDOT") as well as a License Agreement with FDOT. The item
inadvertently published with a typographical error in the title.
The Legislation has been corrected and incremented to Revision A.
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City of Miami
Legislation
City Hall
3500 Pan American Drive
K `
Miami, FL 33133
Resolution
www.miamigov.com
File Number: 8373
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING TWO (2) PERPETUAL NON-EXCLUSIVE EASEMENTS (COLLECTIVELY
"EASEMENT") AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE
AGREEMENTS ("LICENSE"), IN FORMS ACCEPTABLE TO THE CITY ATTORNEY,
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR
CERTAIN PORTIONS OF CITY OF MIAMI ("CITY") REAL PROPERTY LOCATED AT
1950 NORTHWEST 12 AVENUE, CONTAINING APPROXIMATELY NINE HUNDRED
FOUR (904) SQUARE FEET ("PARCEL 801"), AND AT 1975 NORTHWEST 12
AVENUE, CONTAINING APPROXIMATELY THREE HUNDRED FORTY-FIVE (345)
SQUARE FEET ("PARCEL 803"), FOR THE PURPOSE OF INSTALLING AND
MAINTAINING TRAFFIC SIGNAL MAST ARMS, PEDESTRIAN SIGNAL HEADS,
TRAFFIC CONTROLLER CABINETS AND ELECTRICAL SERVICE DISCONNECTS,
SIDEWALK CURB RAMPS, CURBS AND GUTTERS, AND PAVEMENT MAKING, ALL
IN, OVER, UNDER, UPON, AND THROUGH SAID EASEMENT AREAS AND IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT AND
LICENSE WHICH CONTAIN A REVERTER PROVISION IF EITHER EASEMENT IS
ABANDONED OR DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS,
INCLUDING AMENDMENTS AND MODIFICATIONS TO THE EASEMENT AND/OR
LICENSE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY TO EFFECTUATE SAID EASEMENT AND LICENSE.
WHEREAS, the City of Miami ("City) is the fee simple owner of the real properties
located at 1950 Northwest 12 Avenue and 1975 Northwest 12 Avenue within the City
(collectively, "Property"); and
WHEREAS, the Florida Department of Transportation ("FDOT") has requested Wo (E
perpetual non-exclusive easements (collectively, "Easement") for an improvement prg4at that ;:0
FDOT is planning at the intersection of State Road 933, A/K/A Northwest 12 Avenue as rTJ
Northwest 19 Street; and
WHEREAS, the Easement shall be for the purpose of installing and maintaint+igitra
signal mast arms, pedestrian signal heads, traffic controller cabinets and electrical sgAce
disconnects, sidewalk curb ramps, curbs and gutters, and pavement making (collecthfy, ca
"Project"); and =kz w
WHEREAS, the first Easement is approximately nine hundred four (904) square feet of
City -owned property located at 1950 Northwest 12 Avenue, Miami, Florida, as more particularly
described in the Easement ("Parcel 801 "); and
WHEREAS, the second Easement is approximately three hundred forty-five (345)
square feet of City -owned property located at 1975 Northwest 12 Avenue, Miami, Florida, as
more particularly described in the Easement ("Parcel 803"); and
WHEREAS, the Easement shall further contain a reverter provision that if either
Easement is abandoned, discontinued, or used for any other purpose, either Parcel 801 and/or
Parcel 803 shall revert back to the City with no further action required by the City; and
WHEREAS, FDOT has further requested a license agreement ("License") associated
with the Project for a period not to exceed January 31, 2023 for the sole purpose of relocating a
sign and for the reconstruction of the existing pedestrian ramp, adjacent sidewalk within FDOT
right of way, and for sloping, grading, tying in, harmonizing, and reconnecting existing features
of a certain portion of the Property known as "Parcel 900," as more particularly described in the
License;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to execute the Easement, both in
forms acceptable to the City Attorney, to FDOT for Parcel 801 and Parcel 803 for the purpose of
installing and maintaining traffic signal mast arms, pedestrian signal heads, traffic controller
cabinets and electrical service disconnects, sidewalk curb ramps, curbs and gutters, and
pavement making, all in, over, under, upon, and through said Easement area, both containing a
reverter provision if either Easement is abandoned, discontinued, or used for any other purpose
than those described in the Easement, then either Parcel 801 and/or Parcel 803 shall revert
back to the City with no further action required by the City.
Section 3. The City Manager is further authorized' to negotiate and execute the
License, in a form acceptable to the City Attorney, with FDOT for Parcel 900 for a period not to
exceed January 31, 2023 with the License being solely used for the purpose of relocating a sign
and for the reconstruction of the existing pedestrian ramp, adjacent sidewalk within the FDOT
right of way, and for sloping, grading, tying in, harmonizing, and reconnecting existing features
of a certain portion of the Property with other highway improvements, all as more particularly
described in the License.
Section 4. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, including amendments and modifications, all in forms acceptable to
the City Attorney, as may be necessary to effectuate said Easement and License.
Section 5. This Resolution shall become effective immediately upon its adoption.
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APPROVED AS TO FORM AND CORRECTNESS: -�
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' 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
City of Miami
-10
- = Legislation
* I",' 114
° it Resolution: R-21-0040
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8373 Final Action Date: 1/28/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING TWO (2) PERPETUAL NON-EXCLUSIVE EASEMENTS
(COLLECTIVELY, "EASEMENT") AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A LICENSE AGREEMENT ("LICENSE"), ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT") FOR CERTAIN PORTIONS
OF CITY OF MIAMI ("CITY") OWNED REAL PROPERTY LOCATED AT 1950
NORTHWEST 12 AVENUE CONTAINING APPROXIMATELY NINE HUNDRED
FOUR (904) SQUARE FEET ("PARCEL 801") AND AT 1975 NORTHWEST 12
AVENUE CONTAINING APPROXIMATELY THREE HUNDRED FORTY-FIVE
(345) SQUARE FEET ("PARCEL 803") FOR THE PURPOSE OF INSTALLING
AND MAINTAINING TRAFFIC SIGNAL MAST ARMS, PEDESTRIAN SIGNAL
HEADS, TRAFFIC CONTROLLER CABINETS AND ELECTRICAL SERVICE
DISCONNECTS, SIDEWALK CURB RAMPS, CURBS AND GUTTERS, AND
PAVEMENT MAKING, ALL IN, OVER, UNDER, UPON, AND THROUGH SAID
EASEMENT AREAS AND IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THE EASEMENT AND LICENSE WHICH CONTAIN A
REVERTER PROVISION IF EITHER EASEMENT IS ABANDONED OR
DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY
DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE
EASEMENT AND/OR LICENSE, ALL IN FORMS ACCEPTABLE TO TH� Cin
ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EAS�EMEN:
AND LICENSE.
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WHEREAS, the City of Miami ("City) is the fee simple owner of the real prop Ges -0
located at 1950 Northwest 12 Avenue and 1975 Northwest 12 Avenue within the Cite =
(collectively, "Property"); and '06
WHEREAS, the Florida Department of Transportation (" FDOT") has requested &o N
perpetual non-exclusive easements (collectively, "Easement") for an improvement project that
FDOT is planning at the intersection of State Road 933 A/K/A Northwest 12 Avenue and
Northwest 19 Street; and
WHEREAS, the Easement shall be for the purpose of installing and maintaining traffic
signal mast arms, pedestrian signal heads, traffic controller cabinets and electrical service
disconnects, sidewalk curb ramps, curbs and gutters, and pavement making (collectively,
`Project"); and
WHEREAS, the first Easement is approximately nine hundred four (904) square feet of
City -owned property located at 1950 Northwest 12 Avenue, Miami, Florida, as more particularly
described in the Easement ("Parcel 801"); and
City of Miami Page 1 of 3 File ID: 8373 (Revision: A) Printed On: 211612021
File ID: 8373 Enactment Number: R-21-0040
WHEREAS, the second Easement is approximately three hundred forty-five (345)
square feet of City -owned property located at 1975 Northwest 12 Avenue, Miami, Florida, as
more particularly described in the Easement ("Parcel 803"); and
WHEREAS, the Easement shall further contain a reverter provision that if either
Easement is abandoned, discontinued, or used for any other purpose, either Parcel 801 and/or
Parcel 803 shall revert back to the City with no further action required by the City; and
WHEREAS, FDOT has further requested a license agreement ("License") associated
with the Project for a period not to exceed January 31, 2023 for the sole purpose of relocating a
sign and for the reconstruction of the existing pedestrian ramp, adjacent sidewalk within FDOT
right of way, and for sloping, grading, tying in, harmonizing, and reconnecting existing features
of a certain portion of the Property known as "Parcel 900," as more particularly described in the
License;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to execute the Easement, both in
forms acceptable to the City Attorney, to FDOT for Parcel 801 and Parcel 803 for the Project, all
in, over, under, upon, and through said Easement area.
Section 3. The Easement shall contain a reverter provision if either Easement is
abandoned, discontinued, or used for any other purpose than those described in the Easement,
then either Parcel 801 and/or Parcel 803 shall revert back to the City with no further action
required by the City.
Section 4. The City Manager is further authorized' to negotiate and execute the
License, in a form acceptable to the City Attorney, with FDOT for Parcel 900 for a period not to
exceed January 31, 2023 with the License being solely used for the purpose of relocating a sign
and for the reconstruction of the existing pedestrian ramp, adjacent sidewalk within the FDOT
right of way, and for sloping, grading, tying in, harmonizing, and reconnecting existing fWatul*
of a certain portion of the Property with other highway improvements, all as more partiriglarl;t�
described in the License. r'^' --n
Section 5. The City Manager is further authorized' to negotiate and execute-`i4 ar�all
other necessary documents, including amendments and modifications, all in forms aceptqble tom
the City Attorney, as may be necessary to effectuate said Easement and License. .° X
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Section 6. This Resolution shall become effective immediately upon its adopqqn. C4
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' 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
City of Miami Page 2 of 3 File ID: 8373 (Revision: A) Printed on: 211612021
File ID: 8373 Enactment Number: R-21-0040
APPROVED AS TO FORM AND CORRECTNESS:
LAit6ria-VVdCz, 0 ity Attor iey 1/7/2021 ria dez, City Attor ey 2/16/2021
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City of Miami Page 3 of 3 File ID: 8373 (Revision: A) Printed on: 211612021