HomeMy WebLinkAboutR-07-0677City of Miami
Legislation
Resolution: R-07-0677
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01394 Final Action Date: 12/13/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RESCINDING RESOLUTION NO. 06-0725, ADOPTED DECEMBER 14, 2006, THAT
AUTHORIZED THE CITY MANAGER TO EXECUTE A GRANT OF WATER
EASEMENT, WITH MIAMI-DADE COUNTY, SUBJECT TO BAYSIDE CENTER
LIMITED PARTNERSHIP, A MARYLAND LIMITED PARTNERSHIP, EXECUTING A
JOINDER TO THE WATER EASEMENT; AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT OF WATER EASEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH MIAMI-DADE COUNTY ("GRANTEE"), FOR THE
PURPOSE OF GRANTING GRANTEE THE RIGHT TO USE APPROXIMATELY A
12-FOOT WIDE WATER EASEMENT, AT THE PROPERTY KNOWN AS BAYFRONT
PARK, LOCATED AT 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED,
AS A WATER EASEMENT.
WHEREAS, the City of Miami ("City") is the owner of certain real property and improvements
located at 401 Biscayne Boulevard, Miami, Florida, ("Property"); and
WHEREAS, the Miami -Dade County Water and Sewer Department requested it be granted a
water easement on City -owned property in Bayfront Park, abutting property leased by Bayside Center
Limited Partnership ("Bayside") that will be used in connection with the construction, operation, and
maintenance of water facilities for the Bayfront Park and Bayside Marketplace, with full right of
ingress thereto and egress therefrom; and
WHEREAS, Resolution No. 06-0725, adopted December 14, 2006, authorized the City Manager
to execute a Grant of Water Easement subject to Bayside executing a joinder to the water easement;
and
WHEREAS, Bayside has indicated that it will not sign as a joinder to this water easement; and
WHEREAS, under Section 2.3 of the Bayside Specialty Center Retail Lease, the City as owner of
the Property has the right to grant this easement to Grantee for water facilities within the Bayfront
Park area; and
WHEREAS, this easement is necessary in order to regulate the installation and future operations
of water facilities within the Bayfront Park area;
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.
City of Miami
Page 1 of 2 File Id: 07-01394 (Version: 1) Printed On: 4/20/2017
File Number: 07-01394 Enactment Number: R-07-0677
Section 2. Resolution No. 06-0725, adopted December 14, 2006, that authorized the City
Manager to execute a Grant of Water Easement, with Grantee, subject to Bayside executing a joinder
to the Water Easement, is rescinded.
Section 3. The City Manager is authorized{1} to execute a Grant of Water Easement, in
substantially the attached form, with Grantee, for the purpose of granting Grantee the right to use
approximately a 12-foot water easement, at the property known as Bayfront Park located at 401
Biscayne Boulevard, Miami, Florida, as more particularly described in Exhibit "A," attached and
incorporated, as a water easement.
Section 4. 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: 07-01394 (Version: 1) Printed On: 4/20/2017