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HomeMy WebLinkAboutR-07-0210City of Miami Legislation Resolution: R-07-0210 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00415 Final Action Date: 4/12/2007 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED GRANT OF TEMPORARY EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY -OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA (THE "PROPERTY"), TO BELLSOUTH TELECOMMUNICATIONS, INC., A GEORGIA CORPORATION ("GRANTEE"), OF A SIX (6) FOOT WIDE STRIP BY AN APPROXIMATELY TWO THOUSAND EIGHT HUNDRED TWENTY FIVE (2,825) FOOT LONG STRIP RUNNING EAST/WEST, AND A SIX (6) FOOT WIDE STRIP BY AN APPROXIMATELY ONE HUNDRED TWENTY NINE (129) FOOT LONG STRIP RUNNING NORTH/SOUTH UTILITY EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A TEMPORARY NON-EXCLUSIVE EASEMENT ON THE PROPERTY, TO CONSTRUCT, OPERATE, MAINTAIN, ADD, AND/OR REMOVE SUCH SYSTEMS OF COMMUNICATION FACILITIES, ASSOCIATED WIRING, CABLE, OR CONDUITS TO BE PLACED UNDERGROUND. WHEREAS, Bellsouth Telecommunications, Inc. ("Grantee") has requested the grant of a six (6) foot wide strip by an approximately two thousand eight hundred twenty five (2,825) foot long strip, temporary, non-exclusive easement running down the east/west length on City of Miami ("City") owned property located at Watson Island, Miami, Florida; and WHEREAS, the Grantee has requested the grant of a six (6) foot wide strip by an approximately one hundred twenty nine (129) foot long strip, temporary, non-exclusive easement running down the north/south direction on City -owned property located at Watson Island, Miami, Florida; and WHEREAS, the City Commission adopted Resolution No. 06-0718 on December 14, 2006 for a grant of easement to the Grantee; and WHEREAS, the Amended and Restated Grant of Temporary Easement ("Temporary Easement") is necessary due to possible title encumbrances that may affect lender financing of the Flagstone Island Garden's development on City -owned property on Watson Island and Grantee is in agreement with such change; and WHEREAS, currently there are areas with existing underground utilities and above ground utilities, and in the future all new work and/or relocated existing facilities are to be buried underground; and WHEREAS, the Temporary Easement shall further contain an automatic termination provision should the Temporary Easement be abandoned or terminated, the Temporary Easement shall cease and revert to the City; and City of Miami Page 1 of 2 File Id: 07-00415 (Version: 1) Printed On: 3/23/2017 File Number: 07-00415 Enactment Number: R-07-0210 WHEREAS, the Grantee shall automatically terminate the Temporary Easement upon the earliest to occur of the following two events: (1) delivery to the Grantee of a certification of a licensed engineer confirming that relocated lines have been installed, if applicable, along the Florida Department of Transportation Right -of -Way located adjacent to the above described property and recordation in the Public Records of Miami -Dade County, permanent easements for the relocated lines; or (2) written release of the Temporary Easement by Grantee; 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 an Amended and Restated Grant of Temporary Easement, in substantially the attached form, on City -owned property located at Watson Island, Miami, Florida (the "Property"), to BellSouth Telecommunications, Inc., a Georgia Corporation ("Grantee"), of a six (6) foot wide strip by an approximately two thousand eight hundred twenty five (2,825) foot long strip running east/west, and a six (6) foot wide strip by an approximately one hundred twenty nine (129) foot long strip running north/south, utility easement, as more particularly described in Exhibit "A," attached and incorporated, for a temporary non-exclusive easement on the Property, to construct, operate, maintain, add, and/or remove such systems of communication facilities, associated wiring, cable or conduits to be placed underground. 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: 07-00415 (Version: 1) Printed On: 3/23/2017