HomeMy WebLinkAboutLegislationFile Number: 09-01045
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT
ON CITY OF MIAMI OWNED PROPERTY LOCATED AT VIRGINIA KEY
ADJACENT TO ARTHUR LAMB JR ROAD, MIAMI, FLORIDA, IN SUBSTANTIALLY
THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER
DEPARTMENT, OF AN APPROXIMATELY FIFTEEN (15) FOOT WIDE
PERPETUAL NON-EXCLUSIVE SEWER EASEMENT, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE
CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND
SEWER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE,
CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE
EASEMENT.
WHEREAS, Miami -Dade County Water and Sewer Department ("MDWASD") has requested
the grant of easement of an approximately fifteen (15) foot wide strip of City of Miami ("City") owned
property located at Virginia Key adjacent to Arthur Lamb Jr Road, Miami, Florida, more particularly
described in Exhibit "A", attached and incorporated (the "Property"); and
WHEREAS, MDWASD, as part of the 20 Year "Consumptive Use Permit" has an agreement
with South Florida Water Management District to construct a "Water Reclamation Facility" at the
Central District Wastewater Treatment Plant located at 3301 Gun Club Road, West Palm Beach,
Florida; and
WHEREAS, the easement will convey reclaimed water for irrigation to the Village of Key
Biscayne, Crandon Golf Course, Crandon Park Marina in Key Biscayne and Virginia Key; and
WHEREAS, said easement will be used for the construction, operation and maintenance of
underground sewer facilities with the right to reconstruct, improve, change and remove all or any of the
facilities within the easement; and
WHEREAS, the easement shall further contain a reverter provision that if the easement is
abandoned or discontinued, the easement shall cease and revert back to the City;
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 of Miami Page 1 of 2 Printed On: 9121/2009
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Resolution
File Number: 09-01045
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT
ON CITY OF MIAMI OWNED PROPERTY LOCATED AT VIRGINIA KEY
ADJACENT TO ARTHUR LAMB JR ROAD, MIAMI, FLORIDA, IN SUBSTANTIALLY
THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER
DEPARTMENT, OF AN APPROXIMATELY FIFTEEN (15) FOOT WIDE
PERPETUAL NON-EXCLUSIVE SEWER EASEMENT, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE
CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND
SEWER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE,
CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE
EASEMENT.
WHEREAS, Miami -Dade County Water and Sewer Department ("MDWASD") has requested
the grant of easement of an approximately fifteen (15) foot wide strip of City of Miami ("City") owned
property located at Virginia Key adjacent to Arthur Lamb Jr Road, Miami, Florida, more particularly
described in Exhibit "A", attached and incorporated (the "Property"); and
WHEREAS, MDWASD, as part of the 20 Year "Consumptive Use Permit" has an agreement
with South Florida Water Management District to construct a "Water Reclamation Facility" at the
Central District Wastewater Treatment Plant located at 3301 Gun Club Road, West Palm Beach,
Florida; and
WHEREAS, the easement will convey reclaimed water for irrigation to the Village of Key
Biscayne, Crandon Golf Course, Crandon Park Marina in Key Biscayne and Virginia Key; and
WHEREAS, said easement will be used for the construction, operation and maintenance of
underground sewer facilities with the right to reconstruct, improve, change and remove all or any of the
facilities within the easement; and
WHEREAS, the easement shall further contain a reverter provision that if the easement is
abandoned or discontinued, the easement shall cease and revert back to the City;
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 of Miami Page 1 of 2 Printed On: 9121/2009
File Number.' 09-01045
Section 2. The City Manager is authorized{1} to execute a Grant of Easement on the
City -owned Property, in substantially the attached form, to MDWASD, of an approximately fifteen (15)
foot wide perpetual non-exclusive sewer easement, as more particularly described in Exhibit "A",
attached and incorporated, for the construction, operation and maintenance of underground sewer
facilities, with the right to reconstruct, improve, change and remove all or any of the facilities within 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 O. 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 of 2 Printed On: 9/21/2009