HomeMy WebLinkAboutR-17-0403City of Miami
Resolution R-17-0403
Legislation
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
City of Miami Page 1 of 2 File ID: 2813 (Revision:) Printed On: 3/24/2025
File ID: 2813 Enactment Number: R-17-0403
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:
ey 8/23/2017
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.
City of Miami Page 2 of 2 File ID: 2813 (Revision:) Printed on: 3/24/2025