HomeMy WebLinkAboutR-22-0206City of Miami
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Resolution R-22-0206
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Legislation
File Number: 11822
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/9/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO THE SECTION 29-B(C) OF CHARTER OF CITY OF MIAMI,
FLORIDA, AS AMENDED ("CHARTER"), AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ON CITY OF
MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1901 NORTHWEST 24TH
AVENUE, MIAMI, FLORIDA, FOLIO NUMBER 01-3134-000-0330
("PROPERTY"), TO MIAMI-DADE WATER AND SEWER DEPARTMENT
("WASD"), OF AN APPROXIMATELY EIGHT HUNDRED FORTY (840)
SQUARE FOOT EASEMENT ("EASEMENT"), CONSISTING OF THE SURFACE
PLANE AND THE VOLUME BETWEEN THE GROUND PLANE AND AN
UPPER PLANE AT ELEVATION TWENTY-FIVE FEET (25) AND AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND
MADE A PART HEREOF, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT
ON THE PROPERTY, FOR THE CONSTRUCTION, RECONSTRUCTION,
INSTALLATION, OPERATION, MAINTENANCE, REPAIR, REPLACEMENT,
IMPROVEMENT, REMOVAL, AND INSPECTION OF WATER TRANSMISSION
AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO
INCLUDING BUT NOT LIMITED TO SEWAGE TRANSMISSION AND
COLLECTION FACILITIES AND ALL APPURTENANT EQUIPMENT OF
UNDERGROUND AND ABOVE GROUND EQUIPMENT WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, CHANGE, AND REMOVE ALL OR ANY OF THE
FACILITIES WITHIN THE EASEMENT; FURTHER CONTAINING A REVERTER
PROVISION IF THE EASEMENT IS ABANDONED OR DISCONTINUED.
WHEREAS, the City of Miami ("City") is the owner of property located at 1901 Northwest
24th Avenue, Miami, Florida, folio number 01-3134-000-0330, ("Property"); and
WHEREAS, Miami -Dade Water and Sewer Department ("WASD") has requested the
grant of an approximately eight hundred forty (840) square foot easement ("Easement"),
consisting of the surface plane and the volume between the ground plane and an upper plane at
elevation twenty-five feet (25), perpetual, non-exclusive easement on City -owned property; and
WHEREAS, the Easement shall be granted to implement a project of a governmental
agency or instrumentality in accordance with Section 29-13(c) of the Charter of the City of Miami,
Florida, as amended ("City Charter'); and
WHEREAS, this Easement will be used for the construction, reconstruction, installation,
operation, maintenance, repair, replacement, improvement, removal, and inspection of water
transmission and distribution facilities and all appurtenances thereto including but not limited to
sewage transmission and collection facilities and all appurtenant equipment of underground and
above ground equipment with the right to reconstruct, improve, change and remove all or any of
City of Miami Page 1 of 2 File ID: 11822 (Revision:) Printed On: 612212022
File ID: 11822 Enactment Number: R-22-0206
the facilities within the Easement; and
WHEREAS, the Easement shall further contain a reverter provision that should the
Easement be abandoned or discontinued, the Easement shall automatically cease and revert
back to the City.
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 herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to negotiate and execute an
Easement on the City -owned Property to WASD consisting of the surface plane and the volume
between the ground plane and an upper plane at elevation twenty-five feet (25), perpetual, non-
exclusive easement on City -owned Property and as more particularly described in Exhibit "A",
attached hereto and made a part hereof, for a perpetual non-exclusive easement on the
Property, for the construction, reconstruction, installation, operation, maintenance, repair,
replacement, improvement, removal, and inspection of water transmission and distribution
facilities and all appurtenances thereto including but not limited to sewage transmission and
collection facilities and all appurtenant equipment of underground and above ground equipment
with the right to reconstruct, improve, change, and remove all or any of the facilities within the
easement and further containing a reverter provision providing that if the Easement
is abandoned or discontinued, the Easement shall cease and revert back to the City.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS
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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: 11822 (Revision:) Printed on: 6/22/2022