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Resolution
File Number: 10-01109
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER
AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA, OF AN APPROXIMATELY 20' FOOT WIDE BY 745' FOOT LONG STRIP
OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3600 NORTHWEST 7TH
AVENUE, MIAMI FLORIDA, (MOORE PARK), AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED AND INCORPORATED, FOR A
PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE
CONSTRUCTION, OPERATION AND MAINTENANCE OF WATER FACILITIES,
WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL
OR ANY OF THE FACILITIES WITHIN THE EASEMENT.
WHEREAS, pursuant to Resolution No. 08-0646, adopted November 13, 2008, the City
Commission authorized the Orange Bowl Committee to construct the improvements to the property
located at 3600 Northwest 7th Avenue, Miami, Florida ("Moore Park"), as more particularly described
in Exhibit "B" of said resolution; and
WHEREAS, pursuant to Resolution No. 09-0545, adopted December 10, 2009, the City
Commission approved the Agreement for water and sanitary sewage facilities with Miami -Dade County
Water and Sewer Department ("MDWASD") , as more particularly described in Exhibit "C", of said
resolution; and
WHEREAS, MDWASD has requested the grant of an approximately 20' foot wide by 745' foot
long strip of land running north/south the entire width on City of Miami ("City") owned property located
at Moore Park, more particularly described in Exhibit "A", attached and incorporated (the "Property");
and
WHEREAS, this easement wil' be used to construct, operate, and maintain water facilities, with
the right to reconstruct, relocate, 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 hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section.2. The City Manager is authorized(1} to execute a Grant of Easement, in substantially
City of Miami Page 1 of 2 File Id: 10-01109 (Version: 1) Printed On: 9/24/2010
File Number: 10-01109
the attached form, with MDWASD, a political subdivision of the State of Florida, of an approximately
20' foot wide by 745' foot long strip of City -owned property located at Moore Park, as more particularly
described in Exhibit "A", attached and incorporated, for a perpetual non-exclusive easement on the
Property, for the construction, operation and maintenance of water 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 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 File Id. 10-01109 (Version. 1) Printed On. 9/24/2010