HomeMy WebLinkAboutR-17-0374City of Miami
Resolution R-17-0374
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2521 Final Action Date: 7/27/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO CITY OF MIAMI CHARTER ("CHARTER") SECTION 29-B(C),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF A
PERPETUAL, NON-EXCLUSIVE UNDERGROUND EASEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE WATER AND
SEWER DEPARTMENT ("WASD"), A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA, OF APPROXIMATELY SIXTY SIX (66) SQUARE FEET
OF CITY -OWNED PROPERTY LOCATED AT MUSEUM PARK (FORMERLY
KNOWN AS BICENTENNIAL PARK), LOCATION OF THE JORGE M. PEREZ
ART MUSEUM AND FROST MUSEUM OF SCIENCE, 1101 — 1103 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, FOLIO NUMBER 01-4137-073-0025, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE GRANT OF
UNDERGROUND EASEMENT, FOR WASD TO CONSTRUCT,
RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR,
REPLACE, IMPROVE, REMOVE, AND INSPECT WATER/SEWER
TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL
APPURTENANCES THERETO, INCLUDING, BUT NOT LIMITED TO, FIRE
HYDRANTS, SEWAGE TRANSMISSION, 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 IF THE EASEMENT IS
ABANDONED OR DISCONTINUED.
WHEREAS, pursuant to City of Miami Charter ("Charter") Section 29-B(c), the Miami -
Dade County Water and Sewer Department ("WASD") has requested a grant of a perpetual,
non-exclusive underground easement of approximately sixty six (66) square feet of City of
Miami ("City") owned property located at Museum Park (formerly known as Bicentennial Park),
location of the Jorge M. Perez Art Museum and Frost Museum of Science, 1101 — 1103
Biscayne Boulevard, Miami, Florida, Folio No. 01-4137-073-0025 as more particularly described
in Exhibit "A" of the underground easement ("Easement"); and
WHEREAS, said Easement will be used to construct, reconstruct, lay, install, operate,
maintain, relocate, repair, replace, improve, remove, and inspect water/sewer transmission and
distribution facilities and all appurtenances thereto, including, but not limited to, fire hydrants,
sewage transmission, 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 that if the easement
City of Miami Page 1 of 2 File ID: 2521 (Revision:) Printed On: 3/24/2025
File ID: 2521 Enactment Number: R-17-0374
is abandoned or discontinued, the easement shall cease and revert back to the City; and
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. Pursuant to Section 29-B(c) of the Charter, the City Manager is authorized' to
execute a perpetual, non-exclusive underground easement of approximately sixty six (66)
square feet of City -owned property located at Museum Park (formerly known as Bicentennial
Park), location of the Jorge M. Perez Art Museum and the Frost Museum of Science, 1101 —
1103 Biscayne Boulevard, Miami, Florida, Folio number 01-4137-073-0025, as more particularly
described in Exhibit "A" of the Easement, for WASD to construct, reconstruct, lay, install,
operate, maintain, relocate, repair, replace, improve, remove, and inspect water/sewer
transmission and distribution facilities and all appurtenances thereto, including, but not limited
to, fire hydrants, sewage transmission, 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 further containing a reverter provision if the easement is abandoned or
discontinued.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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 City 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: 2521 (Revision:) Printed on: 3/24/2025