HomeMy WebLinkAboutR-21-0498City of Miami
Resolution R-21-0498
Legislation
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,
City of Miami Page 1 of 2 File ID: 11109 (Revision:) Printed On: 6/5/2025
File ID: 11109 Enactment Number: R-21-0498
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 authorized' 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.
City of Miami Page 2 of 2 File ID: 11109 (Revision:) Printed on: 6/5/2025