HomeMy WebLinkAboutR-04-0290City of Miami
Legislation
Resolution: R-04-0290
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00440 Final Action Date: 5/6/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT
("EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT"), FOR A 15 FOOT WIDE PERPETUAL
NON-EXCLUSIVE STRIP EASEMENT, FOR USE OF CITY -OWNED PROPERTY
LOCATED ADJACENT TO BISCAYNE BOULEVARD, BETWEEN NORTHEAST
8TH STREET AND NORTHEAST 9TH 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 DRAINAGE SYSTEM, 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. 5 (US-1), Item/Segment No. 2498352, in Miami -Dade
County, Florida; and
WHEREAS, the City of Miami ("City") is the owner of a strip of land 15 feet wide, lying adjacent
to Biscayne Boulevard between Northeast 8th Street and Northeast 9th 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
drainage system; 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 drainage system,
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 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.
Section 2. The City Manager is authorized{1} to execute a Grant of Easement, ("Easement"), in
substantially the attached form, between the City and FDOT, for a 15 foot wide perpetual
City of Miami
Page 1 of 2 File Id: 04-00440 (Version: 1) Printed On: 9/13/2016
File Number: 04-00440 Enactment Number: R-04-0290
non-exclusive strip easement for use of City -owned property located adjacent to Biscayne
Boulevard between Northeast 8th Street and Northeast 9th Street, Miami, Florida, as more
particularly depicted in, "Exhibit A," attached and incorporated, for the sole purpose of allowing
FDOT to construct and maintain a drainage system, under the terms and conditions as more
particularly set forth in 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: 04-00440 (Version: 1) Printed On: 9/13/2016