HomeMy WebLinkAboutLegislation (04.23.15)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00305 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE MIAMI-DADE WATER AND
SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY ONE
THOUSAND EIGHT HUNDRED NINE (1,809) SQUARE FEET, TWELVE (12) FOOT
WIDE, OF CITY -OWNED PROPERTY LOCATED AT 5215 NORTHEAST 15
AVENUE, MIAMI, FLORIDA (KNOWN AS MORNINGSIDE PARK), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED,
TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN WATER FACILITIES, WITH
THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE, AND REMOVE ALL OR
ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH THE FULL RIGHT OF
INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A
REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR
DISCONTINUED.
WHEREAS, the Miami -Dade County Water and Sewer Department ("WASD") has requested
the grant of easement of approximately one thousand eight hundred nine (1,809) square feet, twelve
(12) foot wide, of City of Miami ("City") owned property located at 5215 Northeast 15 Avenue, Miami,
Florida (known as Morningside Park), more particularly described in Exhibit "A," attached and
incorporated ("Property"); and
WHEREAS, said easement will be used to construct, install, operate, and maintain water
facilities, with the right to reconstruct, improve, change, and remove all or any of the facilities within the
easement, with the full right of ingress thereto and egress therefrom; and
WHEREAS, the easement shall further contain a reverter provision that if the easement is
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:
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.
Section 2. The City Manager is authorized{1} to execute a grant of easement on City -owned
property located at 5215 Northeast 15 Avenue, Miami, Florida (known as Morningside Park), in
substantially the attached form, to WASD, of an approximately one thousand eight hundred nine
(1,809) square feet, twelve (12) foot wide, perpetual non-exclusive sewer easement, as more
particularly described in Exhibit "A," attached and incorporated, to construct, install, operate, and
City of Miami Page 1 of 2 File Id: 15-00305 (Version: 1) Printed On: 3/19/2015
File Number: 15-00305
maintain water facilities, with the right to reconstruct, improve, change, and remove all or any of the
facilities within the easement, with the full right of ingress thereto and egress therefrom.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA ENDEZ
CITY ATTORNEY OP
*-cS
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: 15-00305 (Version: 1) Printed On: 3/19/2015