HomeMy WebLinkAboutR-22-0018City of Miami
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Legislation
Resolution: R-22-0018
File Number: 11245
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/13/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND 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
WITH A TOTAL SIZE OF APPROXIMATELY TWO THOUSAND FOUR
HUNDRED FIFTY-FOUR (2,454) SQUARE FEET LOCATED AT THE CITY OF
MIAMI ("CITY') OWNED PROPERTIES IDENTIFIED AS FOLIO NUMBER 01-
4122-002-0040 AND FOLIO NUMBER 01-4122-002-0015, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", 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 HEREIN, WITH THE FULL RIGHT OF
INGRESS THERETO AND EGRESS THEREFROM, IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THE EASEMENT, INCLUDING, WITHOUT
LIMITATION, A REVERTER PROVISION IF THE EASEMENT IS ABANDONED
OR DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS,
INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID EASEMENT, ALL
IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY TO EFFECTUATE THE EASEMENT.
WHEREAS, the Miami -Dade Water and Sewer Department, a political subdivision of the
State of Florida ("WASD"), has requested an easement on portions of City of Miami ("City")
owned properties located at Folio Number 01-4122-002-0040 and Folio Number 01-4122-002-
0015 of approximately two thousand four hundred fifty-four (2,454) square feet, as more
particularly described in Exhibit "A", attached and incorporated ("Easement"); and
WHEREAS, the 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 herein, with the full right of ingress thereto and egress therefrom; and
City of Miami Page 1 of 2 File ID: 11245 (Revision:) Printed On: 112612022
File ID: 11245 Enactment Number: R-22-0018
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 provide additional water and sewer
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 Section 29-B(c) of the Charter of the City of Miami, Florida, as
amended, the City Manager is authorized' to negotiate and execute 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 herein, with the full right of ingress thereto and egress
therefrom, in accordance with the terms and conditions of the Easement, including, without
limitation, that the Easement contain a reverter provision if the Easement is abandoned or
discontinued.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, including amendments and modifications to the Easement, all in
forms acceptable to the City Attorney, as may be necessary to effectuate the Easement.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature by the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ft6ria i "ndez, City Attor iey 1f312022
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
2 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: 11245 (Revision:) Printed on: 112612022