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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #15019 Date: 11/06/2023 Commission Meeting Date: 12/14/2023 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 1 Type: Resolution Subject: Execute Grant of Easement - Spring Garden Point Park Purpose of Item: A resolution of the Miami City Commission, with attachment(s), pursuant to the City of Miami Charter ("Charter") Section 29-B(C), 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 ("RPW"), 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 an exhibit "A" of the easement, for RPW 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. Background of Item: Pursuant to City of Miami Charter, Section 29-B(c), the City of Miami Department of Resilience and Public Works has requested an easement on a portion of City of Miami 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, as more particularly described in Exhibit "A" of the easement. The easement is needed to alleviate the flooding issues within the Spring Garden neighborhood by connecting the existing right-of-way drainage system to an outfall pipe and installing two drainage structures for a future pump station as part of RPW Project 40-B5094. Said easement will be used 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, pumpstation 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. 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. The easement will allow this project to install the necessary drainage outfall connection pipes, drainage structures, and future pumpstation to alleviate the existing flooding issues within the Spring Garden neighborhood. Budget Impact Analysis Item is NOT Related to Revenue Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Resilience and Public Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Works 11/06/2023 3:27 PM Luis Hernandez -Torres Marie Gouin Nzeribe Ihekwaba Arthur Noriega V Valentin J Alvarez Elizabeth Hernandez Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Juvenal Santana Budget Analyst Review Budget Review Deputy City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Unsigned by the Mayor Signed and Attested by the City Clerk Rendered Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 11/06/2023 3:41 PM 11/06/2023 4:46 PM 11/07/2023 9:42 AM 11/07/2023 3:34 PM 11/09/2023 1:45 PM 11/09/2023 1:52 PM 11/29/2023 6:40 PM 12/14/2023 9:00 AM 12/24/2023 5:09 PM 12/24/2023 5:19 PM 12/26/2023 6:50 PM City of Miami Legislation Resolution Enactment Number: R-23-0535 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, 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: ndez, City Attor ey , 11/29/2023 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.