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HomeMy WebLinkAboutR-04-0167City of Miami Legislation Resolution: R-04-0167 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00254 Final Action Date: 3/11/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AUTHORIZING THE ENCROACHMENT ON A PUBLIC EASEMENT PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PROPERTY LOCATED AT 1111 NORTHWEST 17TH COURT, MIAMI, FLORIDA, AND ENTRANCE UPON THE PUBLICLY DEDICATED CANAL MAINTENANCE EASEMENT AND WATERLINE EASEMENT TO CONDUCT NECESSARY REPAIRS TO A DOCK LOCATED THEREIN; AUTHORIZING THE CITY OF MIAMI TO ISSUE THE REQUIRED PERMIT TO THE PROPERTY OWNERS FOR SAID REPAIRS; AUTHORIZING THE CITY MANAGER TO EXECUTE A HOLD HARMLESS AND INDEMNIFICATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. WHEREAS, the owners of the property located at 1111 Northwest 17th Court, Miami, Florida ("Property"), seek to repair a dock on their land that lies within a publicly dedicated canal maintenance easement and waterline easement as shown on the Betty's Island Plat as recorded in Plat Book 109 at Page 57 of the Public Records of Miami -Dade County; and WHEREAS, entry upon the easement is necessary to conduct repair work; and WHEREAS, the owners have complied with all the requirements of Section 55-14 of the Code of the City of Miami, Florida, as amended, for a permit to encroach on the easement; 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 encroachment on a public easement located on said Property, and entrance upon the publicly dedicated canal maintenance easement and waterline easement to conduct necessary repairs to a dock located therein is authorized. Section 3. The City is authorized{1} to issue the required permit to the Property owners in accordance with Section 55-14 of the Code of the City of Miami, Florida, as amended, to conduct said repairs. Section 4. The City Manager is authorized{1} to execute a Hold Harmless and Indemnification Agreement, in substantially the attached form. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. City of Miami Page 1 of 2 File Id: 04-00254 (Version: 11 Printed On: 9/1/2016 File Number: 04-00254 Enactment Number: R-04-0167 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: 04-00254 (Version: 11 Printed On: 9/1/2016