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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01240 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO•EXECUTE A GRANT OF EASEMENT TO
THE MIAMI-DADE WATER AND SEWER DEPARTMENT, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA, GRANTING A PERPETUAL,
NON-EXCLUSIVE EASEMENT FOR CITY OF MIAMI OWNED PROPERTIES AT
THE FOLLOWING LOCATIONS: 11115 NORTHEAST 13 AVENUE, MIAMI,
FLORIDA; 14950 NORTHEAST 11 AVENUE, MIAMI, FLORIDA; 1075 NORTHEAST
149 STREET, MIAMI, FLORIDA; 1095 NORTHEAST 149 STREET, MIAMI,
FLORIDA; AND 1301 NORTHEAST 111 STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED
("PROPERTIES"), 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, EACH GRANT
OF EASEMENT CONTAINING A REVERTER PROVISION IN THE EVENT THE
EASEMENT IS ABANDONED OR DISCONTINUED; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY MANAGER, INCLUDING GRANTS OF EASEMENTS,
SOLELY FOR SAID PROPERTIES, AS MAY BE REQUIRED BY MIAMI-DADE
COUNTY FOR CONSTRUCTION PERMITS.
WHEREAS, the City of Miami ("City") owns the properties at the following locations: 11115
Northeast 13 Avenue, Miami, Florida, Folio Number 30-2232-016-0080; 14950 Northeast 11 Avenue,
Miami, Florida, Folio Number 30-2220-032-0020; 1075 Northeast 149 Street, Miami, Florida, Folio
Number 30-2220-032-0030; 1095 Northeast 149 Street, Miami, Florida, Folio Number
30-2220-032-0010; and 1301 Northeast 111 Street, Miami, Florida, Folio Number 30-2232-016-0090,
as more particularly described in "Exhibit A", attached and incorporated ("Properties"); and
WHEREAS, the Miami -Dade Water and Sewer Department, a Political Subdivision of the State of
Florida ("WASD"), has requested a Grant of Easement for the Properties, which 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 will contain a reverter provision providing that if the easement is
abandoned or discontinued, the easement shall cease and revert back to the City; and
WHEREAS, the City does not want to delay any construction of the Properties; and
WHEREAS, the City Administration recommends granting the City Manager authority to execute
any and all necessary documents, in a form acceptable to the City Attorney, required by Miami -Dade
County for the issuance of construction permits for the Properties;
City of Miami
Page 1 of 2 File Id: 15-01240 (Version: 1) Printed On: 10/7/2015
File Number: 15-01240
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 for a perpetual,
non-exclusive easement to WASD for the Properties 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, each grant of easement
containing a reverter provision in the event the easement is abandoned or discontinued
Section 3. The City Manager is further authorized to execute any necessary documents, in a form
acceptable to the City Attorney, including grants of easements, solely for said properties, as may be
required by Miami -Dade County for Construction Permits.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APP OVER AS TO OR . AND CORRECTNESS:
VICTORIA MENDEZ
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: 15-01240 (Version: 1) Printed On: 10/7/2015