HomeMy WebLinkAboutR-14-0449City of Miami
Legislation
Resolution: R-14-0449
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-01155 Final Action Date: 11/20/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A TERMINATION AND MODIFICATION OF AN EXISTING UTILITY
EASEMENT AGREEMENT, UPON THE PROPERTY WHOSE STREET ADDRESS
IS 498 SOUTHWEST 27TH ROAD, MIAMI, FLORIDA; ACCEPTING A PERPETUAL
UTILITY EASEMENT UPON THE PROPERTY WHOSE STREET ADDRESS IS 463
SOUTHWEST 28TH ROAD, MIAMI, FLORIDA; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE TERMINATION AND MODIFICATION AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORMS, FOR SAID PURPOSES.
WHEREAS, the City of Miami ("City") holds a permanent public utility easement over the
Southwesterly twelve (12) feet of Lots 1 and 2, on Block 61 of First Addition to Brickell Hammock, Unit
No. 1, according to the Plat thereof, as recorded in Plat Book 8, at Page 89, of the Public Records in
Miami -Dade County, Florida, also known as 498 Southwest 27th Road, Miami, Florida ("Existing
Easement Parcel"); and
WHEREAS, the City ("Grantee") and the current owners of the Existing Easement Parcel,
Jose Antonio Rodriguez and Sandra Rodriguez, formally known as Sandra Ortiz, as husband and
wife ("Grantor"), desire to terminate a portion of said easement and modify same, to reduce the
existing twelve (12) foot easement to a seven (7) foot wide non-exclusive utility easement over the
Southwesterly portion of said land, as legally and graphically depicted in Exhibit "A," attached and
incorporated; and
WHEREAS, Steven D. Perrotti, the owner of the abutting property, Lot 1 and the Northwest
half (1/2) of Lot 2, Block 27, Brickell Estates, according to the plat thereof, as recorded in the public
records thereof in Plat Book 17, at Page 51, of the Public Records in Miami -Dade County, Florida,
also known as 463 Southwest 28th Road ("Perotti Property"), agreed to grant a perpetual utility
easement to Grantee on the Northeasterly five (5) feet of the Perotti Property, as legally and
graphically depicted in Exhibit "B," attached and incorporated; and
WHEREAS, such modification of the existing utility easement, along with the grant of the new
aforementioned utility easement on the Perotti Property, will significantly benefit Grantee in allowing
access to existing utilities from both properties;
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 fully set forth in this Section.
City of Miami
Page 1 of 2 File Id: 14-01155 (Version: 1) Printed On: 1/18/2018
File Number: 14-01155 Enactment Number: R-14-0449
Section 2. A termination and modification of the Existing Utility Easement Agreement upon the
Existing Easement Parcel, is accepted.
Section 3. A Perpetual Utility Easement on the Perotti Property is accepted, in substantially
the attached form.
Section 4. The City Manager is authorized{1} to execute the Termination and Modification of
the Existing Utility Easement, in substantially the attached form.
Section 5. 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 (10)
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: 14-01155 (Version: 1) Printed On: 1/18/2018