HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #13171
Date: 12/20/2022
Commission Meeting Date: 01/26/2023
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Easement - Miami -Dade Water and Sewage - 444 SW 2 Ave.
Purpose of Item:
A Resolution of the Miami City Commission, authorizing the City Manager to negotiate
and execute a grant of easement ("Easement"), in a form acceptable to the City
Attorney, to Miami -Dade County Water and Sewer, a political subdivision of the State of
Florida, ("County"), for a perpetual non-exclusive easement on a portion of the City -
owned property identified as 444 SW 2nd Avenue folio number 01-4137-038-0020,
Miami, Florida, ("Property") consisting of approximately one hundred twenty five (125)
square foot, as more particularly described in Exhibit "A", attached and incorporated,
solely to construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace,
improve, remove and inspect water transmission and distribution facilities and all
appurtenances thereto, within the Easement area located at the Property.
Background of Item:
The City of Miami, a municipal corporation of the State of Florida, ("City"), is the owner
of the property located at 444 SW 2nd Avenue, folio number 01-4137-038-0020 in
Miami -Dade County, Florida ("Property"). Miami -Dade County Water and Sewer, a
political subdivision of the State of Florida ("County"), has requested the grant of
approximately one hundred twenty-five (125) square foot of the Property, as more
particularly described in Exhibit "A", attached and incorporated ("Easement").
This easement will be used solely for the purpose of the operation and maintenance of
existing stormwater utility facilities with the right to reconstruct, improve, and remove all
or any of the facilities within the easement.
Budget Impact Analysis
Item is NOT funded by Bonds
Item is NOT Related to Revenue
Total Fiscal Impact:
Reviewed B
City Manager's Office Larry M. Spring Department Head Review Completed 12/27/2022 3:04 PM
Office of Management and Budget Pedro Lacret Budget Analyst Review Completed 12/27/2022 4:35 PM
Office of Management and Budget Marie Gouin
City Manager's Office Arthur Noriega V
Legislative Division Valentin J Alvarez
OMNI Community Redevelopment Agency
Office of the City Attorney Victoria Mendez
City Commission Maricarmen Lopez
Office of the Mayor Mayor's Office
Office of the City Clerk City Clerk's Office
Office of the City Clerk City Clerk's Office
Budget Review
City Manager Review
Legislative Division Review
Isiaa Jones
Approved Form and Correctness
Meeting
Completed
Completed
Completed
ACA Review
Completed
Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
Rendered Completed
12/28/2022 11:49 AM
12/28/2022 4:18 PM
12/29/2022 12:37 PM
Completed
01/17/2023 3:44 PM
01/26/2023 9:00 AM
02/02/2023 4:08 PM
02/02/2023 4:24 PM
02/02/2023 4:24 PM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0048
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13171 Final Action Date:1/26/2023
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 ("EASEMENT"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO MIAMI-DADE COUNTY WATER AND
SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA
("COUNTY"), FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON A PORTION OF
THE CITY -OWNED PROPERTY IDENTIFIED AS 444 SOUTHWEST 2ND AVENUE,
MIAMI, FLORIDA, FOLIO NUMBER 01-4137-038-0020 ("PROPERTY"), CONSISTING
OF APPROXIMATELY ONE HUNDRED TWENTY FIVE (125) SQUARE FOOT, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, SOLELY TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL,
OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE AND
INSPECT WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL
APPURTENANCES THERETO, WITHIN THE EASEMENT AREA LOCATED AT THE
PROPERTY.
WHEREAS, City of Miami a municipal corporation of the State of Florida ("City"), is the
owner of property located at 444 Southwest 2nd Avenue, Miami, Florida, folio number 01-4137-
038-0020 ("Property"); and
WHEREAS, Miami -Dade County Water and Sewer, a political subdivision of the State of
Florida ("County"), has requested the grant of approximately one hundred twenty-five (125)
square foot of the Property, as more particularly described in Exhibit "A", attached and
incorporated ("Easement"); and
WHEREAS, this Easement will be used solely for the purpose of the operation and
maintenance of existing stormwater utility facilities with the right to reconstruct, improve, and
remove all or any of the facilities within the Easement;
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; 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
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 authorized1 to negotiate and execute a grant of
easement ("Easement"), in a form acceptable to the City Attorney, to County, for a perpetual
non-exclusive easement on a portion of the City -owned property identified as 444 Southwest
2nd Avenue, Miami, Florida, folio number 01-4137-038-0020 ("Property"), consisting of
approximately one hundred twenty five (125) square foot, as more particularly described in
Exhibit "A", attached and incorporated, solely to construct, reconstruct, lay, install, operate,
maintain, relocate, repair, replace, improve, remove and inspect water transmission and
distribution facilities and all appurtenances thereto, within the easement area located at the
property.
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 (tor
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 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