HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #11109
Date: 11 /23/2021
Commission Meeting Date: 12/09/2021
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: Direct CM - Execute WASD Easement for Grove Bay
Purpose of Item:
A Resolution of the Miami City Commission pursuant to City of Miami Charter
("Charter") Section 29-B(c), authorizing the City Manager to execute a grant of
easement ("Easement"), in a form acceptable to the City Attorney, to Miami -Dade Water
and Sewer Department, a political subdivision of the State of Florida ("WASD"), for a
perpetual, non-exclusive easement of approximately a total combined size of twenty
thousand five hundred seventy-six (20,576) square feet of City of Miami ("City") owned
property identified as Folio Number 01-4122-002-0040 and folio number 01-4122-002-
0011, 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 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, in accordance
with the terms and conditions of the Easement; containing a reverter provision if the
Easement is abandoned or discontinued; further authorizing the City Manager to
execute all necessary documents, including amendments and modifications to said
agreement, in a form acceptable to the City Attorney, as may be necessary to effectuate
said Easement.
Background of Item:
WASD has requested the Easement, on a portion of City -owned property identified as
Folio Number 01-4122-002-0040 and Folio Number 01-4122-002-0011, of
approximately a total combined size of twenty thousand five hundred seventy-six
(20,576) square feet, as more particularly described in Exhibit "A," of the Easement.
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. 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.
Budget Impact Analysis
Item is NOT Related to Revenue
Item has NOT an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed B
Department of Real Estate and Asset Management
Review Completed 11/24/2021 8:54 AM
Office of Management and Budget Pedro Lacret
Office of Management and Budget Marie Gouin
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
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
Fernando Casamayor
Valentin J Alvarez
Arthur Noriega V
Jacqueline Lorenzo
Valentin J Alvarez
Victoria Mendez
Maricarmen Lopez
Mayor's Office
City Clerk's Office
City Clerk's Office
Suzanne Hollander
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
ACA Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Signed by the Mayor
Signed and Attested by the City Clerk
Rendered
Department Head
Completed
Completed
Completed
Completed
Completed
Completed
Skipped
Completed
Completed
Completed
Completed
Completed
11/29/2021 5:40 PM
11/30/2021 12:30 PM
11/30/2021 1:51 PM
11/30/2021 1:51 PM
11/30/2021 3:30 PM
11/30/2021 9:07 PM
11/30/2021 10:00 AM
11/30/2021 9:31 PM
12/09/2021 9:00 AM
12/10/2021 10:50 AM
12/10/2021 10:52 AM
12/10/2021 10:52 AM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0498
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11109 Final Action Date:12/9/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO MIAMI-DADE WATER AND SEWER
DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ("WASD"),
FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT WITH A TOTAL COMBINED
SIZE OF APPROXIMATELY SIXTEEN THOUSAND NINE HUNDRED SEVENTEEN
(16,917) SQUARE FEET LOCATED GENERALLY AT THE CITY OF MIAMI ("CITY")
OWNED PROPERTIES IDENTIFIED AS FOLIO NUMBER 01-4122-002-0040 AND
FOLIO NUMBER 01-4122-002-0011, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", 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, IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF THE EASEMENT, INCLUDING, WITHOUT
LIMITATION, A REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR
DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS TO SAID EASEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENT.
WHEREAS, Miami -Dade Water and Sewer Department, a political subdivision of the
State of Florida ("WASD"), has requested an easement on portions of City of Miami ("City")
owned properties located generally at Folio Number 01-4122-002-0040 and Folio Number 01-
4122-002-0011, consisting of three (3) easement areas with a total combined size of
approximately sixteen thousand nine hundred seventeen (16,917) square feet, as more
particularly described in Exhibit "A" ("Easement"); 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
WHEREAS, the Easement is necessary in order to provide additional water and sewer
service to the City -owned property;
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. Pursuant to Section 29-B(c) of the Charter of the City of Miami, Florida, as
amended, the City Manager is authorized1 to negotiate and execute the Easement for WASD to
construct, install, operate, and maintain water facilities, with the right 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; in accordance with the terms and conditions of the Easement, including,
without limitation, that such Easement shall contain a reverter provision if the Easement is
abandoned or discontinued.
Section 3. The City Manager is further authorized' to execute any and all necessary
documents, including amendments and modifications to said Easement, all in forms acceptable
to the City Attorney, as may be necessary to effectuate said Easement.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature by the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 11/30/2021
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.