HomeMy WebLinkAboutR-23-0535City of Miami
Resolution R-23-0535
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15019 Final Action Date: 12/14/2023
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 ("CITY CHARTER"), AUTHORIZING THE
CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY OF MIAMI
DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("DRPW'), FOR A
PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY TWO
THOUSAND ONE HUNDRED NINETY (2190) SQUARE FEET OF CITY OF
MIAMI ("CITY") OWNED PROPERTY KNOWN AS SPRING GARDEN POINT
PARK, IDENTIFIED AS FOLIO NUMBER 01-3135-027-1340, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE EASEMENT, FOR
DRPW TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE,
MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE, AND
INSPECT STORMWATER FACILITIES, AND ALL APPURTENANCES
THERETO, INCLUDING BUT NOT LIMITED TO, DRAINAGE PIPES,
DRAINAGE STRUCTURES, 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 THEREIN, WITH THE FULL RIGHT OF INGRESS THERETO
AND EGRESS THEREFROM, IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THE EASEMENT; CONTAINING A REVERTER PROVISION
IF THE EASEMENT IS ABANDONED OR DISCONTINUED; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID
EASEMENT.
WHEREAS, pursuant to Section 29-B(c) of the Charter of the City of Miami, Florida, as
amended ("Charter"), the City of Miami ("City") Department of Resilience and Public Works
("DRPW'), has requested an easement on a portion of City -owned property identified as Folio
Number 01-3135-027-1340 (known as Spring Garden Point Park) of approximately two
thousand one hundred ninety (2,190) square feet ("Easement"), as more particularly described
in Exhibit "A" of the Easement; and
WHERAS, the Easement is needed to alleviate the flooding issues within the Spring
Garden neighborhood by connecting the new and existing right-of-way stormwater drainage
system to a new drainage outfall pipe and installing two drainage structures as part of DRPW
Project 40-B50904.
WHEREAS, said Easement will be used to construct, reconstruct, lay, install, operate,
City of Miami Page 1 of 2 File ID: 15019 (Revision:) Printed On: 1/3/2024
File ID: 15019 Enactment Number: R-23-0535
maintain, relocate, repair, replace, improve, remove, and inspect stormwater facilities and all
appurtenances thereto, including but not limited to drainage pipes, drainage structures, 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 therein, with the full right of
ingress thereto and egress therefrom; and
WHEREAS the Easement shall further contain a reverted provision stating that if the
Easement is abandoned or discontinued, the Easement shall cease and revert to the City; and
WHEREAS the Easement will allow this project to install the necessary drainage outfall
connection pipes, drainage structures to alleviate the existing flooding issues within the Spring
Garden neighborhood;
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. The City Manager is authorized' to execute the Easement on a portion of
City -owned property identified as Folio Number 01-3135-027-1340 (known as Spring Garden
Point Park), to DRPW, of approximately two thousand one hundred ninety (2,190) square feet,
as more particularly described in Exhibit "A," of the Easement, for DRPW to construct,
reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove, and
inspect stormwater facilities and all appurtenances thereto, including but not limited to drainage
pipes, drainage structures, 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; containing a reverted provision if the Easement is
abandoned or discontinued; further authorizing the city manager to execute all necessary
documents, including amendments and modifications to said agreement, in a form acceptable to
the city attorney, as may be necessary to effectuate said Easement.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
4ndez, ity (tor
1 The herein authorization is further subject to compliance with 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: 15019 (Revision:) Printed on: 1/3/2024