HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd Hannon, City Clerk
FROM: Victoria Mendez, City Attorney
DATE: August 7, 2015
RE: Scrivener's Error -May 14, 2015 City Commission Meeting
File ID 15-00305
Matter ID No.: 15-274
The Miami City Commission, at its meeting on May 14, 2015, adopted Resolution
No. 15-0205 relating to an easement at the City of Miami's Morningside Park. When
Version 1 of the Resolution was drafted, it incorrectly stated the park's address as 5215
Northeast 15th Avenue, Miami, Florida. When it was discovered that Version 1 of the
legislation contained the incorrect address, the item was continued, and the correction was
made to the legislation to reflect the park's correct address of 5215 Northeast 7th Avenue,
Miami, Florida. The change was inadvertently made to Version 1 as opposed to Version 2,
which is standard legislative protocol.
When the City Commission voted on the legislation containing the correct address at
the May 14, 2015 meeting, it was voting on Version 1 and not Version 2. No error in the
legislation was evident at the time of vote, but this memorandum is intended to accurately
reflect the historical chronology of this legislation.
Enclosure(s)
1S -CEO- -- Sc"i dener � •c•ro,c- r/kciry-,
City of Miami
Legislation
Resolution: R-15-0205
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00305
Final Action Date:5/14/2015
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,
FORA PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY ONE
THOUSAND EIGHT HUNDRED NINE (1,809) SQUARE FEET, TWELVE (12) FOOT
WIDE, OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 5215 NORTHEAST 7
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 7 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 7 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
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.
City of Miami
Page 1 of 2 File Id: 15-00305 (Version: 2) Printed On: 8/6/2015
File Number: 15-00305 Enactment Number: R-15-0205
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
AP - ROVED AS TO FORM AND CORRECTNESS:
• •
VTORIA ENDEZ
CITY ATTORNEY
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: 2) Printed On: 8/6/2015