HomeMy WebLinkAboutR-23-0048City of Miami
Resolution R-23-0048
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Legislation
File Number: 13171
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/26/2023
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 ("EASEMENT"), IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO MIAMI-DADE COUNTY
WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA ("COUNTY"), FOR A PERPETUAL NON-EXCLUSIVE
EASEMENT ON A PORTION OF THE CITY -OWNED PROPERTY IDENTIFIED
AS 444 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, FOLIO NUMBER 01-
4137-038-0020 ("PROPERTY"), CONSISTING OF APPROXIMATELY ONE
HUNDRED TWENTY FIVE (125) SQUARE FOOT, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, SOLELY TO
CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN,
RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE AND INSPECT WATER
TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL
APPURTENANCES THERETO, WITHIN THE EASEMENT AREA LOCATED AT
THE PROPERTY.
WHEREAS, City of Miami a municipal corporation of the State of Florida ("City"), is the
owner of property located at 444 Southwest 2nd Avenue, Miami, Florida, folio number 01-4137-
038-0020 ("Property"); and
WHEREAS, Miami -Dade County Water and Sewer, a political subdivision of the State of
Florida ("County"), has requested the grant of approximately one hundred twenty-five (125)
square foot of the Property, as more particularly described in Exhibit "A", attached and
incorporated ("Easement"); and
WHEREAS, this Easement will be used solely for the purpose of the operation and
maintenance of existing stormwater utility facilities with the right to reconstruct, improve, and
remove all or any of the facilities within the Easement;
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; and
WHEREAS, the Easement shall be granted to implement a project of a governmental
agency or instrumentality in accordance with Section 29-B(c) of the Charter of the City of Miami,
Florida, as amended ("City Charter'); and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 13171 (Revision:) Printed On: 2/6/2023
File ID: 13171
Enactment Number: R-23-0048
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 a grant of
easement ("Easement"), in a form acceptable to the City Attorney, to County, for a perpetual
non-exclusive easement on a portion of the City -owned property identified as 444 Southwest
2nd Avenue, Miami, Florida, folio number 01-4137-038-0020 ("Property"), consisting of
approximately one hundred twenty five (125) square foot, as more particularly described in
Exhibit "A", attached and incorporated, solely to construct, reconstruct, lay, install, operate,
maintain, relocate, repair, replace, improve, remove and inspect water transmission and
distribution facilities and all appurtenances thereto, within the easement area located at the
property.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ft6ria i ndez, CiFy Attor iey 1/1712023
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
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: 13171 (Revision:) Printed on: 21612023