HomeMy WebLinkAboutSummary Form FRAGENDA ITEM SUMMARY FORM
FILE ID: 14-00346
Date: 3/14/2014 Requesting Department: Public Works
Commission Meeting Date: 5/8/2014 District Impacted: All
Type: n Resolution X Ordinance n Emergency Ordinance ❑ Discussion Item
❑ Other
Law Department
Matter ID No.
Subject: An Ordinance amending City Code Chapter 55 to address the consideration of easements when
alleged to be abandoned as a matter of law.
Purpose of Item:
An Ordinance amending City Code Chapter 55 by creating a new Section, Section 55-16, to address
the consideration of easements when alleged by the parties to the easements to be abandoned as a
matter of law.
Background Information:
See attached supplemental page.
Budget Impact Analysis
NO Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP N��t
If using or receivin capital funds
Grants N/A
Purchasing NA
-
Chief
Final Approvals
(SIGN AND DATE)
Budget
Risk Management
Dept. Director
City Manager
Page 1 of 2
Background information:
City of Miami Code Chapter 55 establishes the procedure, by way of the platting process, for the
vacation and closure of platted easements. Occasionally, the abandonment of an easement can occur
under the theory of equitable estoppel when the City's acts, words and silence would lead a property
owner to take a position whereby assertion of the City's legal title would be contrary to equity and good
conscience. In such cases, an easement may be extinguished by the Marketable Title Act, Chapter 712,
Florida Statutes, which states that any claim or interest, vested or contingent, present or future, is cut off
unless the claimant preserves his claim by filing a notice within a 30 year time period. In Florida, the
abandonment of an easement is essentially gauged by the intentions of the parties to the easement.
The attached Ordinance creating a new City Code Section 55-16 establishes the regulations and
guidelines whereby the act and intentions of the parties to the easement may be demonstrated to warrant
the closure and vacation, by resolution, of platted easements deemed abandoned as a matter of law.
Page 2 of 2