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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #11822 Date: 04/12/2022 Commission Meeting Date: 06/09/2022 Type: Resolution Subject: Easement - Curtis Park Purpose of Item: Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 1 A Resolution of the Miami City Commission authorizing the City Manager to negotiate and execute, with attachments, a grant of easement on City -owned property located on a portion of the property at 1901 NW 24th Avenue, folio number 01-3134-000-0330, Miami, Florida, ("Property") in substantially the attached form, to Miami -Dade Water and Sewer Department ("WASD"), of approximately eight hundred forty (840) square foot easement ("Easement"), consisting of the surface plane and the volume between the ground plane and an upper plane at elevation twenty-five feet (25) and as more particularly described in Exhibit "A" attached hereto and made a part hereof, for a perpetual non-exclusive easement on the property, for the construction, reconstruction, installation, operation, maintenance, repair, replace improve, remove and inspect water transmission and distribution facilities and all appurtenances thereto including but not limited to sewage transmission and collection facilities and all appurtenant equipment of underground and above ground equipment with the right to reconstruct, improve, change and remove all or any of the facilities within the easement. Background of Item: The City of Miami ("City") is the owner of property located at 1901 NW 24th Avenue, folio number 01-3134-000-0330, in Miami -Dade County, Florida ("Property"). Miami -Dade Water and Sewer Department ("WASD") has requested the grant of approximately eight hundred forty (840) square foot easement ("Easement"), consisting of the surface plane and the volume between the ground plane and an upper plane at elevation twenty-five feet (25), perpetual, non-exclusive easement on City -owned property. This easement will be used for the construction, reconstruction, installation, operation, maintenance, repair, replace, improve, remove and inspect water transmission and distribution facilities and all appurtenances thereto including but not limited to sewage transmission and collection facilities and all appurtenant equipment of underground and above ground equipment with the right to reconstruct, improve, change and remove all or any of the facilities within the 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 Office of the City Attorney Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division OMNI Community Redevelopment Office of the City Attorney Office of the City Attorney City Commission City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Jacqueline Lorenzo Pedro Lacret Marie Gouin Fernando Casamayor Arthur Noriega V Valentin J Alvarez Agency Valentin J Alvarez Victoria Mendez Nicole Ewan Maricarmen Lopez 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 Isiaa Jones Deputy City Attorney Review Approved Form and Correctness Meeting Meeting Signed by the Mayor Completed Completed Completed Completed Completed Completed ACA Review Skipped Completed Completed Completed Completed Signed and Attested by the City Clerk Completed Rendered Completed 04/12/2022 10:57 AM 04/13/2022 11:56 AM 04/14/2022 2:42 PM 04/14/2022 2:51 PM 04/25/2022 8:21 AM 04/25/2022 10:06 AM Completed 04/25/2022 9:39 AM 05/16/2022 2:07 PM 05/26/2022 9:00 AM 06/09/2022 9:00 AM 06/17/2022 3:42 PM 06/17/2022 3:51 PM 06/17/2022 3:51 PM City of Miami Legislation Resolution Enactment Number: R-22-0206 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11822 Final Action Date:6/9/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO THE SECTION 29-B(C) OF CHARTER OF CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ON CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1901 NORTHWEST 24TH AVENUE, MIAMI, FLORIDA, FOLIO NUMBER 01-3134-000-0330 ("PROPERTY"), TO MIAMI-DADE WATER AND SEWER DEPARTMENT ("WASD"), OF AN APPROXIMATELY EIGHT HUNDRED FORTY (840) SQUARE FOOT EASEMENT ("EASEMENT"), CONSISTING OF THE SURFACE PLANE AND THE VOLUME BETWEEN THE GROUND PLANE AND AN UPPER PLANE AT ELEVATION TWENTY-FIVE FEET (25) AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, RECONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR, REPLACEMENT, IMPROVEMENT, REMOVAL, AND INSPECTION OF WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO INCLUDING BUT NOT LIMITED TO SEWAGE TRANSMISSION AND COLLECTION FACILITIES AND ALL APPURTENANT EQUIPMENT OF UNDERGROUND AND ABOVE GROUND EQUIPMENT WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT; FURTHER CONTAINING A REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR DISCONTINUED. WHEREAS, the City of Miami ("City") is the owner of property located at 1901 Northwest 24th Avenue, Miami, Florida, folio number 01-3134-000-0330, ("Property"); and WHEREAS, Miami -Dade Water and Sewer Department ("WASD") has requested the grant of an approximately eight hundred forty (840) square foot easement ("Easement"), consisting of the surface plane and the volume between the ground plane and an upper plane at elevation twenty-five feet (25), perpetual, non-exclusive easement on City -owned property; and WHEREAS, the Easement shall be granted to implement a project of a governmental agency or instrumentality in accordance with Section 29-B(c) of the Charter of the City of Miami, Florida, as amended ("City Charter"); and WHEREAS, this Easement will be used for the construction, reconstruction, installation, operation, maintenance, repair, replacement, improvement, removal, and inspection of water transmission and distribution facilities and all appurtenances thereto including but not limited to sewage transmission and collection facilities and all appurtenant equipment of underground and above ground equipment with the right to reconstruct, improve, change and remove all or any of the facilities within the Easement; and WHEREAS, the Easement shall further contain a reverter provision that should the Easement be abandoned or discontinued, the Easement shall automatically cease and revert back to the City. 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 herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized' to negotiate and execute an Easement on the City -owned Property to WASD consisting of the surface plane and the volume between the ground plane and an upper plane at elevation twenty-five feet (25), perpetual, non- exclusive easement on City -owned Property and as more particularly described in Exhibit "A", attached hereto and made a part hereof, for a perpetual non-exclusive easement on the Property, for the construction, reconstruction, installation, operation, maintenance, repair, replacement, improvement, removal, and inspection of water transmission and distribution facilities and all appurtenances thereto including but not limited to sewage transmission and collection facilities and all appurtenant equipment of underground and above ground equipment with the right to reconstruct, improve, change, and remove all or any of the facilities within the easement and further containing a reverter provision providing that if the Easement is abandoned or discontinued, the Easement shall cease and revert back to the City. Section 3. 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 5/16/2022 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, 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.