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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16-00678 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT AND ABSOLUTE BILL OF SALE FOR IMPROVEMENTS MADE ON THE SAME, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ("WASD"), A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY ELEVEN THOUSAND SEVEN HUNDRED SEVEN (11,707) SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED PROPERTY KNOWN AS THE MIAMI OUTBOARD CLUB AND LOCATED AT WATSON ISLAND, 1099 MACARTHUR CAUSEWAY, MIAMI, FLORIDA 33132, FOLIO NUMBER 01-3231-000-0013, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("PROPERTY"), FOR WASD TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE AND INSPECT WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO, INCLUDING, BUT NOT LIMITED TO, FIRE HYDRANTS, AND/OR SEWAGE TRANSMISSION AND COLLECTION FACILITIES AND ALL APPURTENANT EQUIPMENT, WHICH RIGHT, PRIVILEGE AND EASEMENT SHALL INCLUDE THE RIGHT TO REMOVE OR DEMOLISH, AS MAY BE NECESSARY, TO CARRY OUT ANY RIGHT GRANTED HEREIN, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION SHOULD THE EASEMENT BE ABANDONED OR DISCONTINUED. WHEREAS, pursuant to Resolution No. 13-0201, adopted on May 23, 2013, the Miami City Commission approved an Agreement for Water and Sanitary Sewage Facilities ("Agreement") between the Miami -Dade County Water and Sewer Department ("WASD") and the City of Miami ("City") to. render water and sewage service to the City owned property known as the Miami Outboard Club and located at 1099 MacArthur Causeway, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated ("Property"), subject to required approvals and to the terms, covenants and conditions more particularly set forth in the Agreement; and WHEREAS, pursuant to the Agreement, WASD requested the grant of easement of approximately eleven thousand seven hundred seven (11,707) square feet of the Property; and WHEREAS, said easement will be used to construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove and inspect water transmission and distribution facilities and all appurtenances thereto, including, but not limited to, fire hydrants, and/or sewage transmission and collection facilities and all appurtenant equipment, which right, privilege and easement shall include the right to remove or demolish, as may be necessary, to carry out any right granted herein, with the full right of ingress thereto and egress therefrom; and WHEREAS, the easement shall further contain a reverter provision stating that if the easement is abandoned or discontinued, the easement shall cease and revert back to the City; and City of Miami Page 1 of 2 File Id: 16-00678 (Version: 1) Printed On: 5/26/2016 File Number: 16-00678 WHEREAS, the absolute bill of sale will pertain to the improvements made on the easement area granted; 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 if fully set forth in this Section. Section 2. The City Manager is authorized {1} to execute a grant of easement and absolute bill of sale for improvements made on City -owned property known as the Miami Outboard Club and located at 1099 MacArthur Causeway, Miami, Florida, in substantially the attached form, to WASD, of approximately eleven thousand seven hundred seven (11,707) square feet, perpetual non-exclusive easement, as more particularly described in Exhibit "A," attached and incorporated, for WASD to construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove and inspect water transmission and distribution facilities and all appurtenances thereto, including, but not limited to, fire hydrants, and/or sewage transmission and collection facilities and all appurtenant equipment, which right, privilege and easement shall include the right to remove or demolish, as may be necessary, to carry out any right granted herein, with the full right of ingress thereto and egress therefrom; further containing a reverter provision should the easement be abandoned or discontinued. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} APP'OVEP,AS TO FORM AND CORRECTNESS: CTORIA 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: 16-00678 (Version: 1) Printed On: 5/26/2016