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HomeMy WebLinkAboutAgenda Item Summary Form1IV OF 3 AGENDA ITEM SUMMARY FORM File ID: #11245 �) ;,moo x i 9 Date: 12/23/2021 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 01/13/2022 Sponsored By: District Impacted: District 2 Type: Resolution Subject: Direct CM - Execute WASD Easement - Grove Bay Purpose of Item: 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 combined 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, and/or 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 execute all necessary documents, including amendments and modifications to said Easement, all in forms acceptable to the City Attorney, as may be necessary to effectuate said Easement. Background of Item: 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" ("Easement"). 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, and/or 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. 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. The Easement is necessary in order to provide additional water and sewer service to the City -owned property. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Department of Real Estate and Asset Management Review Completed 12/28/2021 4:39 PM Office of Management and Budget Pedro Lacret Office of Management and Budget Marie Gouin City Manager's Office Fernando Casamayor City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Department of Real Estate and Asset Management Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Suzanne Hollander Department Head Budget Analyst Review Completed 12/29/2021 12:29 PM Budget Review Completed 12/29/2021 12:55 PM Assistant City Manager Review Completed 12/29/2021 4:44 PM City Manager Review Completed 12/30/2021 9:43 AM Legislative Division Review Completed 12/30/2021 10:26 AM Jacqueline Lorenzo ACA Review Completed Deputy City Attorney Review Completed 12/30/2021 4:58 PM Approved Form and Correctness Completed 01/03/2022 11:34 AM Meeting Completed 01/13/2022 9:00 AM Unsigned by the Mayor Completed 01/24/2022 4:31 PM Signed and Attested by the City Clerk Completed 01/24/2022 4:47 PM Rendered Completed 01/24/2022 4:48 PM �tzY,°v City of Miami City Hall I1f 111 111T11 X' „ 11 3500 Pan American Drive Legislation Miami, FL 33133 r R % www.miamigov.com Resolution Enactment Number: R-22-0018 File Number: 11245 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 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 t6ria i ndez, Cify Httor ey 1/3/2022 ' 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. 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