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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00416 Final Action Date:
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 MIAMI-DADE COUNTY
WATER AND SEWER DEPARTMENT ("GRANTEE"), OF AN APPROXIMATELY
FIFTEEN (15) FOOT WIDE STRIP BY AN APPROXIMATELY TWO THOUSAND
EIGHT HUNDRED SIXTY SEVEN (2,867) FOOT LONG STRIP RUNNING
EAST/WEST AND AN APPROXIMATELY FIFTEEN (15) FOOT WIDE STRIP BY
AN APPROXIMATELY FOUR HUNDRED SEVENTY SIX (476) FOOT LONG STRIP
RUNNING NORTH/SOUTH, SEWER EASEMENT, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A
TEMPORARY NONEXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE
CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND
SEWER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE,
CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE
TEMPORARY EASEMENT.
WHEREAS, Miami -Dade County Water and Sewer Department ("Grantee") has requested the
grant of an approximately fifteen (15) foot wide strip by an approximately two thousand eight hundred
sixty seven (2,867) foot long strip running east/west, temporary, non-exclusive easement on City of
Miami ("City") owned property located at Watson Island, Miami, Florida; and
WHEREAS, the Grantee has requested the grant of an approximately fifteen (15) foot wide
strip by four hundred seventy six (476) foot long strip running north/south, temporary, non-exclusive
easement on City -owned property located at Watson Island, Miami, Florida; and
WHEREAS, the City Commission adopted Resolution No. 06-0723 on December 14, 2006, for
a grant of easement to the Grantee; and
WHEREAS, this 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, the Temporary Easement shall further contain an automatic termination provision
that if the Temporary Easement shall be abandoned or discontinued, the Temporary Easement shall
cease and revert back to the City; and
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
City of Miami Page 1 of 2 Printed On: 4/3/2007
File Number: 07-00416
engineer confirming that relocated lines have having 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, of permanent easements for the relocated
lines; or (2) written release of the Amended and Restated Grant of 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 Grantee, of an approximately fifteen (15) foot wide strip by
an approximately two thousand eight hundred sixty seven (2,867) foot long strip running east/west and
an approximately fifteen (15) foot wide strip by an approximately four hundred seventy six (476) foot
running north/south, sewer easement, as more particularly described in Exhibit "A," attached and
incorporated, for a temporary, non-exclusive easement, for the construction, operation, and
maintenance of underground sewer facilities, with the right to reconstruct, improve, change and
remove all or any of the facilities within the Temporary Easement.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPRO
ED AS TO FORM AND CORRECTNESS:
JORGE . ERNANDEZ
CITY AT +RNEY
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 Printed On: 4/3/2007