HomeMy WebLinkAboutAgenda Item Summary Form1IV OF
3 AGENDA ITEM SUMMARY FORM
File ID: #11245
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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
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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