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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00418 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
FIFTY-ONE (51) FOOT WIDE STRIP BY AN APPROXIMATELY TWO THOUSAND
SEVEN HUNDRED FORTY FIVE (2,745) FOOT LONG STRIP RUNNING
EAST/WEST THE ENTIRE LENGTH OF THE SOUTH SIDE OF WATSON ISLAND,
WATER EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED, FOR A NON-EXCLUSIVE TEMPORARY
EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF UNDERGROUND WATER 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 fifty-one (51) foot wide strip by an approximately two thousand seven
hundred forty five (2,745) foot long strip running east/west, non-exclusive temporary easement on City
of Miami ("City") owned property located at Watson Island, Miami, Florida; and
WHEREAS, the City Commission adopted Resolution No. 06-0724 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, 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
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, of 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:
City of Miami Page ] of 2 Printed On: 4/3/2007
File Number: 07-00418
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 the 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 fifty-one (51) foot wide strip by
an approximately two thousand seven hundred forty five (2,745) foot long strip running east/west,
water easement, as more particularly described in Exhibit "A," attached and incorporated, for a
non-exclusive temporary easement, for the construction, operation, and maintenance of underground
water 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}
APPROVED AS TO FORM AND CORRECTNESS:
JORG�. FERNANDEZ
CITY ORNEY
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