HomeMy WebLinkAboutR-09-0171Vop City of Miami
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Resolution: R-09-0171
File Number: 09-00284
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/2/2009
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 Miand Page 1 of 2 File Id. 09-00284 (Version: 1) Printed On: 6/5/2017
File Number: 09-00284
Enactment Number: R-09-0171
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}
Footnotes:
{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 File Id. 09-00284 (Version: 1) Panted On: 6/5/2017