HomeMy WebLinkAboutR-23-0108°xCity of Miami
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Resolution R-23-0108
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Legislation
File Number: 13335
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/9/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO CITY OF MIAMI CHARTER ("CHARTER") SECTION 29-B,
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 ON A PORTION OF THE CITY OF
MIAMI ("CITY") OWNED PROPERTY IDENTIFIED AS 2111 SOUTHWEST 19
STREET, FOLIO NUMBER 01-4110-034-0030, MIAMI, FLORIDA
("PROPERTY"), CONSISTING OF APPROXIMATELY ONE THOUSAND TWO
HUNDRED SIXTY (1,260) SQUARE FEET, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE
PURPOSE OF CONSTRUCTION, OPERATION AND MAINTENANCE OF
UNDERGROUND WATER TRANSMISSION AND DISTRIBUTION FACILITIES
AND APPURTENANT ABOVE GROUND EQUIPMENT WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE
FACILITIES WITHIN THE EASEMENT LOCATED AT THE PROPERTY;
FURTHER CONTAINING A REVERTER PROVISION IF THE UNDERGROUND
EASEMENT IS ABANDONED OR DISCONTINUED.
WHEREAS, the City of Miami ("City") is the owner of property located at 2111 Southwest
19 Street, folio number 01-4110-034-0030, in Miami -Dade County, Florida ("Property"); and
WHEREAS, Miami -Dade Water and Sewer Department, a political subdivision of the
State of Florida ("WASD"), has requested the grant of approximately one thousand two hundred
sixty (1,260) square foot of the Property, as more particularly described in Exhibit "A," attached
and incorporated ("Easement"); and
WHEREAS, this Easement will be used for the purpose of construction, operation and
maintenance of underground water transmission and distribution facilities and appurtenant
above ground equipment with the right to reconstruct, improve, change and remove all or any of
the facilities within the easement located at the Property; and
WHEREAS, the Easement shall be granted to implement a project of a governmental
agency or instrumentality in accordance with Section 29-B of the Charter of the City of Miami,
Florida, as amended ("City Charter'); 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
City of Miami Page 1 of 2 File ID: 13335 (Revision: A) Printed On: 3/14/2023
File ID: 13335 Enactment Number: R-23-0108
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. Pursuant to Section 29-B of the Charter, the City Manager is hereby
authorized' to negotiate and execute a grant of easement ("Easement"), in a form acceptable to
the City Attorney, to WASD, for a perpetual non-exclusive easement on a portion of City -owned
Property, consisting of approximately one thousand two hundred sixty (1,260) square feet, as
more particularly described in Exhibit "A," attached and incorporated, for the purpose of
construction, operation and maintenance of underground water transmission and distribution
facilities and appurtenant above ground equipment with the right to reconstruct, improve,
change and remove all or any of the facilities within the easement located at the Property,
further containing an automatic reverter should the easement by discontinued or abandoned.
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 4naindez, City Attor iey 2/28/2023
' 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: 13335 (Revision: A) Printed on: 3/14/2023