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HomeMy WebLinkAboutLegislationFile Number: 09-001-85 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF PERPETUAL NON-EXCLUSIVE EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR A TWELVE (12) FOOT WIDE BY NINETEEN AND A HALF (19.5) FOOT LONG PERPETUAL NON-EXCLUSIVE EASEMENT, FOR USE OF CITY -OWNED PROPERTY LOCATED ADJACENT TO 900-970 SOUTHWEST 1ST 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 SCHOOL FLASHER MAST ARM, 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. 968, Section No. 4144771, in Miami Dade County, Florida; and WHEREAS, the City of Miami ("City") is the owner of a strip of land twelve (12) feet wide by nineteen and a half (19.5) feet long, lying adjacent to Southwest 1st Street at 900-970 Southwest 1st 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 school flasher mast arm; 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 school flasher mast arm 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 Perpetual Non -Exclusive 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. City ofMiami Page 1 of 2 Printed On: 3118/2009 City of Miami Hall +> Pan Am 3500 Pan American �o Drive " = Legislation Miami, FL 33133 www.miamigov.com Resolution File Number: 09-001-85 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF PERPETUAL NON-EXCLUSIVE EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR A TWELVE (12) FOOT WIDE BY NINETEEN AND A HALF (19.5) FOOT LONG PERPETUAL NON-EXCLUSIVE EASEMENT, FOR USE OF CITY -OWNED PROPERTY LOCATED ADJACENT TO 900-970 SOUTHWEST 1ST 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 SCHOOL FLASHER MAST ARM, 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. 968, Section No. 4144771, in Miami Dade County, Florida; and WHEREAS, the City of Miami ("City") is the owner of a strip of land twelve (12) feet wide by nineteen and a half (19.5) feet long, lying adjacent to Southwest 1st Street at 900-970 Southwest 1st 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 school flasher mast arm; 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 school flasher mast arm 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 Perpetual Non -Exclusive 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. City ofMiami Page 1 of 2 Printed On: 3118/2009 File Number: 09-00285 Section 2. The City Manager is authorized{1} to execute a Grant of Easement, in substantially the attached form, between the City and FDOT, for a 12 foot wide by 19.5 foot long, perpetual non-exclusive strip easement for use of City -owned Property, as more particularly described in "Exhibit A," attached and incorporated, for the sole purpose of allowing FDOT to construct and maintain a school flasher mast arm, with the terms and conditions as more particularly set forth in 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: JULIE BRU CITY ATTORNEY' 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 oft Printed On: 3/1812009