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HomeMy WebLinkAboutR-09-0468Vop City of Miami F .. , 'Ir* Legislation i 0 R �O Resolution: R-09-0468 File Number: 09-01045 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/8/2009 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. Section 2. The City Manager is authorized{1} to execute a Grant of Easement on the City of Miand Page 1 of 2 File Id. 09-01045 (Version: 1) Printed On: 6/30/2017 File Number: 09-01045 Enactment Number: R-09-0468 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} 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. 09-01045 (Version: 1) Printed On: 6/30/2017