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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #3319 Date: 11/17/2017 Commission Meeting Date: 12/14/2017 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Authorize - U.S. Army Corp of Engineers Easement Purpose of Item: A Resolution of the Miami City Commission with attachments, authorizing the City Manager to accept and execute the U.S. Army Corps of Engineers ("ACOE"), Easement for Public Road or Street ("Easement"), in substantially the attached form, providing for the ingress and egress of ACOE-owned property identified as Parcel 3A, located at Miami Bayfront Park ("Property"), as more particularly described in Exhibit "A" of the Easement ("Easement Area"), attached and incorporated, at no cost to the City of Miami ("City"), in perpetuity, including in the event of a sale or conveyance of the property; for the purpose of providing pedestrian and/or vehicular access to the property, with terms and conditions more particularly described in the Easement; further authorizing the City Manager to execute any necessary documents, in a form acceptable to the City Attorney, in order to effectuate said Easement. Background of Item: The U.S. Army Corps of Engineers ("ACOE") is the owner of the property known as ACOE Parcel 3A, located at Miami Bayfront Park, as more particularly described in Exhibit "A" of the Easement ("Easement Area"). The Property is Government land currently leased to the City of Miami ("City") for a public park under the Department of the Army Lease Number DACW17-1-90-0001. ACOE desires to grant to the City, at no cost to the City, the Easement Area, in perpetuity, including in the event of a sale or conveyance of the property, for the purpose of providing pedestrian and/or vehicular access to the property, with terms and conditions more particularly described in the Easement. Budget Impact Analysis Item has NOT an Expenditure Total Fiscal Impact: Reviewed B Real Estate and Asset Management 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 City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Aldo Bustamante Everton Garvis Christopher M Rose Alberto N. Parjus Daniel J. Alfonso Valentin J Alvarez Valentin J Alvarez Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review Deputy City Attorney Review Approved Form and Correctness Meeting Signed by the Mayor Signed and Attested by the City Rendered Completed Completed Completed Completed Completed Completed Skipped Completed Completed Completed Clerk Completed Completed 11/20/2017 8:18 AM 11/20/2017 10:00 AM 11/20/2017 11:12 AM 11/21/2017 4:33 PM 11/23/2017 1:34 PM 12/01/2017 4:48 PM 12/04/2017 10:58 AM 12/05/2017 3:56 PM 12/14/2017 9:00 AM 12/22/2017 12:00 PM 12/22/2017 12:45 PM 12/22/2017 12:45 PM City of Miami Legislation Resolution Enactment Number: R-17-0586 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3319 Final Action Date:12/14/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE, AN EASEMENT FOR A PUBLIC ROAD OR STREET ("EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR INGRESS AND EGRESS OVER PROPERTY OWNED BY THE UNITED STATES ARMY CORPS OF ENGINEERS ("ACOE") ALLOWING FOR PEDESTRIAN AND/OR VEHICULAR ACCESS OVER THE SAME, IDENTIFIED AS PARCEL 3A LOCATED AT MIAMI BAYFRONT PARK, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ("PROPERTY") OF THE EASEMENT, , WITH SAID PROPERTY BEING UNITED STATES GOVERNMENT LAND CURRENTLY LEASED TO THE CITY OF MIAMI ("CITY") FOR A PUBLIC PARK UNDER THE UNITED STATES DEPARTMENT OF THE ARMY LEASE NO. DACW17-1-90-0001; AT NO COST TO THE CITY, IN PERPETUITY, INCLUDING ANY EVENT OF A SALE OR CONVEYANCE OF THE PROPERTY, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE EASEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE EASEMENT. WHEREAS, the United States Army Corps of Engineers ("ACOE") is the owner of the property known as ACOE Parcel 3A located at Miami Bayfront Park, as more particularly described in Exhibit "A" ("Property") of the Easement for a Public Road or Street ("Easement"); and WHEREAS, the Property is Government land currently leased to the City of Miami ("City") for a public park under the United States Department of the Army Lease Number DACW1 7-1 -90-0001 ; and WHEREAS, the ACOE desires to grant the Easement for ingress and egress over the Property allowing for pedestrian and/or vehicular access over the same, with said Property being United States Government land currently leased to the City for a public park under the United States Department of the Army Lease No. DACW17-1-90-0001; at no cost to the City, in perpetuity, including any event of a sale or conveyance of the Property, with terms and conditions more particularly described in the Easement. 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 hereby authorized1 to accept and execute the Easement, in substantially the attached form, between the City and ACOE, for ingress and egress over the Property allowing for pedestrian and/or vehicular access over the same, with said Property being United States Government land currently leased to the City for a public park under the United States Department of the Army Lease No. DACW17-1-90-0001, at no additional cost to the City, in perpetuity, including any event of a sale or conveyance of the Property, with terms and conditions more particularly described in the Easement. Section 3. The City Manager is further authorized' to negotiate and execute all other necessary documents, in a form acceptable to the City Attorney, in furtherance of the Easement. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 12/5/2017 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.