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