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HomeMy WebLinkAboutR-08-0118City of Miami Legislation Resolution: R-08-0118 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00214 Final Action Date: 3/13/2008 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ON CITY OF MIAMI OWNED PROPERTY LOCATED AT 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, OF AN APPROXIMATELY FIFTEEN (15) FOOT WIDE STRIP OF LAND AT GRAPELAND HEIGHTS PARK, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND SEWER FACILITIES, (SEWER -PHASE II), WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. WHEREAS, the City of Miami ("City") has established a capital improvement project to design and construct a recreational complex at Grapeland Heights Park, located at 1550 Northwest 37th Avenue, Miami, Florida ("Property"); and WHEREAS, said project has been incorporated into the City's Capital Improvement Program and Multi -year Plan as Project No. B-60496, entitled "Grapeland Heights Park Site Development" ("Project"); and WHEREAS, the scope of work for the entire Project is to create a water park, recreational community building, ball fields and a concession/restroom building on the existing park site; and WHEREAS, the City approved the Agreement for Water and Sanitary Sewage Facilities on September 12, 2006, pursuant to Resolution No. 06-0522; and WHEREAS, Miami -Dade County Water and Sewer Department has requested the grant of an approximately fifteen (15) foot wide sewer easement between Northwest 15th Street and Northwest 16th Street, Miami, Florida, which is Phase II of the Project at the Property; and WHEREAS, this easement will be used for the construction, operation and maintenance of sewer facilities with the right to reconstruct, improve, change and remove all or any of the facilities within the easement; and WHEREAS, the easement shall further contain a reverter provision that if the easement shall be abandoned or discontinued, the easement shall cease and revert back to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File Id: 08-00214 (Version: 1) Printed On: 4/27/2017 File Number: 08-00214 Enactment Number: R-08-0118 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 a Grant of Easement on the City -owned Property, in substantially the attached form, to Miami -Dade County Water and Sewer Department, of an approximately fifteen (15) foot wide strip of land at Grapeland Heights Park, as more particularly described in Exhibit "A," attached and incorporated, for a perpetual non-exclusive 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 said easement. 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: 08-00214 (Version: 1) Printed On: 4/27/2017