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Resolution
File Number: 09-00284
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT
("EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT"), FOR A 4.30 FOOT WIDE PERPETUAL
NON-EXCLUSIVE STRIP EASEMENT, FOR USE OF CITY -OWNED PROPERTY
LOCATED ADJACENT TO BRICKELL AVENUE, BETWEEN SOUTHEAST 8TH
STREET AND SOUTHEAST 10TH STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND
INCORPORATED, FOR THE SOLE PURPOSE OF ALLOWING FDOT TO
CONSTRUCT AND MAINTAIN A LIGHT POLE AND UNDERGROUND CONDUITS,
WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH
IN SAID EASEMENT.
WHEREAS, the State of Florida Department of Transportation ("FDOT") is in the process of
constructing or improving State Road No. 5, Section No. 4124731, in Miami -Dade County, Florida; and
WHEREAS, the City of Miami ("City") is the owner of a strip of land 4.30 feet wide, lying adjacent
to Brickell Avenue between Southeast 8th Street and Southeast 10th Street, Miami, Florida
("Property"), as more particularly described in "Exhibit A," attached and incorporated; and
WHEREAS, FDOT is requesting the right and the privilege of a non-exclusive Perpetual Easement
with full rights of ingress and egress on the Property, to construct and maintain a light pole and
underground conduits; and
WHEREAS, it is necessary for FDOT to enter into a Grant of Perpetual Non -Exclusive Easement
with the City, for the sole purpose of constructing and maintaining a light pole and underground
conduits, which is in the public's and community's interest and welfare; and
WHEREAS, the City Commission determines that it is in the best interest of the City to enter into a
Grant of Easement ("Easement"), in substantially the attached form, for said purpose;
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 if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute an Easement, in substantially the
attached form, between the City and FDOT, for a 4.30 foot wide perpetual non-exclusive strip
City of Miami Page I of 2 Printed On: 3/18/2009
File Number: 09-00284
easement for use of City -owned property located adjacent to Brickell Avenue between Southeast 8th
Street and Southeast 10th Street, Miami, Florida, as more particularly depicted in, "Exhibit A," attached
and incorporated, for the sole purpose of allowing FDOT to construct and maintain a light pole and
underground conduits, under the terms and conditions as more particularly set forth in the Easement.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0. BRU
CITY ATTORNEY
Footnotes:
f 1 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 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 Printed On: 3/18/2009