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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #2813 Date: 08/10/2017 Commission Meeting Date: 09/19/2017 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: All Type: Resolution Subject: Abandon Easement - Jackson Memorial Hospital Purpose of Item: A Resolution deeming a storm sewer easement within the vicinity of the Jackson Memorial Hospital property located at 1611 NW 12 Avenue as abandoned and declaring the easement as closed, vacated, and reverted back to Dade County. Background of Item: The Easement, as recorded in Official Record Book 3173, Pages 399-400 and dated August 9, 1949, was granted by Dade County to the City of Miami for construction and maintenance of storm sewer ("Easement"). The recorded Easement contains a clause that if the Easement is abandoned or discontinued by operation of law, or otherwise, the Easement shall cease and revert to the grantor or its successor. Dade County still owns the property and Jackson Memorial Hospital ("JMH") occupies the property. JMH is currently in the process of redevelopment at its main campus located at 1611 NW 12 Avenue. The Easement goes through one of JMH's planned enabling projects. The Public Works Department ("Public Works") conducted evaluations regarding the status of the Easement. The Members of Plat and Street Committee, at its meeting on July 20, 2017, considered deeming the Easement abandoned under the provisions of the City of Miami Code Section 55-16 and voted 5 (five) in favor and 0 (zero) against for the Easement to be deemed abandoned. The following items were considered for the recommendation. The Utility Section of the Public Works Department has not issued any permit for utility installation within the Easement during the sixty-eight (68) years since the Easement was granted. The general public has not used the easement for a public purpose, an associated purpose, or an incidental purpose since the Easement was granted. There are no records or documents that require the Easement to be opened for use by the general public or any private use. There is an existing building/structure encroachment into the Easement. The construction of the building/structure within JMH property is exempt from permitting by the City of Miami Building Department. A Surveyor's Affidavit indicates a private storm drainage structure and pipe lie on the southern portion of the Easement servicing the JMH facilities. Based on the above facts, the subject Easement has been abandoned or discontinued and should revert back to Dade County per the Grant of Easement. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Resilience and Public Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission City Commission Office of the Mayor Office of the City Clerk Reviewed B Works 08/10/2017 10:57 AM Luis Hernandez -Torres Christopher M Rose Nzeribe Ihekwaba Fernando Casamayor Marta Gomez Amber Ketterer Barnaby L. Min Victoria Mendez Nicole Ewan Nicole Ewan Mayor's Office City Clerk's Office Juvenal Santana Department Head Budget Analyst Review Completed 08/10/2017 11:30 AM Budget Review Completed 08/14/2017 10:01 AM Assistant City Manager Review Completed 08/14/2017 10:47 PM City Manager Review Completed 08/16/2017 3:29 PM Legislative Division Review Completed 08/16/2017 6:40 PM ACA Review Completed 08/17/2017 11:29 AM Deputy City Attorney Review Completed 08/17/2017 12:59 PM Approved Form and Correctness Completed 08/23/2017 8:52 PM Meeting Completed 09/14/2017 9:00 AM Meeting Completed 09/19/2017 9:00 AM Signed by the Mayor Completed 09/20/2017 4:05 PM Signed and Attested by the City Clerk Completed 09/20/2017 4:37 PM City of Miami Legislation Resolution Enactment Number: R-17-0403 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2813 Final Action Date:9/19/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, AND ABANDONING FOR USE A STORM SEWER EASEMENT LOCATED BETWEEN NORTHWEST 19 STREET AND NORTHWEST 16 STREET, MIAMI, FLORIDA, APPROXIMATELY FOUR HUNDRED SEVENTY-FIVE FEET (475') EAST OF NORTHWEST 12 AVENUE AND PARALLEL TO THE CENTERLINE OF NORTHWEST 12 AVENUE WITHIN THE VICINITY OF THE JACKSON MEMORIAL HOSPITAL PROPERTY LOCATED AT 1611 NORTHWEST 12 AVENUE, MIAMI, FLORIDA. WHEREAS, a storm sewer easement located between Northwest 19 Street and Northwest 16 Street, approximately four hundred seventy-five feet (475') east of Northwest 12 Avenue and parallel to the centerline of Northwest 12 Avenue, was granted by Dade County to the City of Miami ("City") in 1949, and recorded in Official Record Book 3173, Page 399-400 ("Easement"), attached as "Exhibit A" and incorporated herein; and WHEREAS, the Easement indicates that if the Easement is abandoned or discontinued by operation of law, or otherwise, the Easement shall cease and revert to the grantor or its successors; and WHEREAS, the Easement is located entirely within private property still owned by Dade County (now known as Miami -Dade County) and currently occupied by and in the vicinity of Jackson Memorial Hospital ("JMH") located at 1611 Northwest 12 Avenue, Miami, Florida ("Property"); and WHEREAS, JMH is currently in the process of redevelopment of the Property; and WHEREAS, the Easement goes through one of JMH's planned enabling projects; and WHEREAS, the Utility Section of the Public Works Department has not issued any permit for utility installation within the Easement in the sixty-eight (68) years since the Easement was granted; and WHEREAS, the general public has not used the Easement for a public purpose, an associated purpose, or an incidental purpose since the Easement was granted; and WHEREAS, there are no records or documents that require the Easement to be opened for use by the general public or any private use; and WHEREAS, there is currently an existing building/structure encroachment into the Easement; and WHEREAS, the construction of the building/structure within the Property is exempt from permitting by the City's Building Department; and WHEREAS, a Surveyor's Affidavit indicates a private storm drainage structure and pipe lie on the southern portion of the Easement servicing JMH; and WHEREAS, the Plat and Street Committee, at its meeting of July 20, 2017, considered deeming the Easement as abandoned under the provisions of Section 55-16 of the Code of the City of Miami, Florida, as amended, and voted five to zero (5-0) in favor of deeming the Easement as abandoned; 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 Easement located between Northwest 19 Street and Northwest 16 Street, Miami, Florida, approximately four hundred seventy-five feet (475') east of Northwest 12 Avenue and parallel to the centerline of Northwest 12 Avenue, within the Property, as depicted on "Exhibit A", attached hereto and incorporated herein, is abandoned and vacated and shall revert back to Dade County (now known as Miami -Dade County) pursuant to the of Easement. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 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.