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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13335 Date: 01 /19/2023 Commission Meeting Date: 03/09/2023 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 4 Type: Resolution Subject: Auth. Easement - Miami -Dade WASD 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 Water and Sewer Department, a political subdivision of the State of Florida, ("WASD"), for a perpetual non-exclusive easement on a portion of the City -owned property identified as 2111 SW 19 Street, folio number 01-4110-034-0030, Miami, Florida, ("Property"), consisting of approximately one thousand two hundred sixty (1,260) square feet, as more particularly described in Exhibit "A," attached and incorporated, for the purpose of construction, operation, and maintenance of underground water transmission and distribution facilities and appurtenant above ground equipment with the right to reconstruct, improve, change and remove all or any of the facilities within the easement located at the Property. Background of Item: The City of Miami ("City") is the owner of property located at 2111 SW 19 Street, folio number 01-4110-034-0030, in Miami -Dade County, Florida ("Property"). Miami -Dade Water and Sewer Department a political subdivision of the State of Florida, ("WASD") has requested the grant of approximately one thousand two hundred sixty (1,260) square foot of the Property, as more particularly described in Exhibit "A," attached and incorporated ("Easement"). This easement will be used for the construction, operation and maintenance of underground electric, and appurtenant above ground equipment with the right to reconstruct, improve, change and remove all or any of the facilities within the easement located at the Property. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Reviewed B Department of Real Estate Review Completed Office of Management and Office of Management and City Manager's Office City Manager's Office Legislative Division and Asset Management 01/19/2023 4:36 PM Budget Pedro Lacret Budget Marie Gouin Larry M. Spring Arthur Noriega V Valentin J Alvarez OMNI Community Redevelopment Agency Office of the City Attorney Victoria Mendez City Commission Nicole Ewan 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 Andrew Frey Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review Isiaa Jones Approved Form and Correctness Meeting Signed by the Mayor Signed and Attested by the City Clerk Completed Rendered Completed Department Head Completed Completed Completed Completed Completed ACA Review Completed Completed Completed 01/23/2023 10:47 AM 01/23/2023 1:00 PM 01/31/2023 12:06 PM 01/31/2023 4:19 PM 02/14/2023 9:26 AM Completed 02/28/2023 1:51 PM 03/09/2023 9:00 AM 03/13/2023 12:03 PM 03/13/2023 12:11 PM 03/13/2023 12:11 PM City of Miami Legislation Resolution Enactment Number: R-23-0108 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13335 Final Action Date:3/9/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO CITY OF MIAMI CHARTER ("CHARTER") SECTION 29-B, 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 ON A PORTION OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY IDENTIFIED AS 2111 SOUTHWEST 19 STREET, FOLIO NUMBER 01-4110-034-0030, MIAMI, FLORIDA ("PROPERTY"), CONSISTING OF APPROXIMATELY ONE THOUSAND TWO HUNDRED SIXTY (1,260) SQUARE FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND APPURTENANT ABOVE GROUND EQUIPMENT WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT LOCATED AT THE PROPERTY; FURTHER CONTAINING A REVERTER PROVISION IF THE UNDERGROUND EASEMENT IS ABANDONED OR DISCONTINUED. WHEREAS, the City of Miami ("City") is the owner of property located at 2111 Southwest 19 Street, folio number 01-4110-034-0030, in Miami -Dade County, Florida ("Property"); and WHEREAS, Miami -Dade Water and Sewer Department, a political subdivision of the State of Florida ("WASD"), has requested the grant of approximately one thousand two hundred sixty (1,260) square foot of the Property, as more particularly described in Exhibit "A," attached and incorporated ("Easement"); and WHEREAS, this Easement will be used for the purpose of construction, operation and maintenance of underground water transmission and distribution facilities and appurtenant above ground equipment with the right to reconstruct, improve, change and remove all or any of the facilities within the easement located at the Property; and WHEREAS, the Easement shall be granted to implement a project of a governmental agency or instrumentality in accordance with Section 29-B of the Charter of the City of Miami, Florida, as amended ("City Charter"); 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. Pursuant to Section 29-B of the Charter, the City Manager is hereby authorized' to negotiate and execute a grant of easement ("Easement"), in a form acceptable to the City Attorney, to WASD, for a perpetual non-exclusive easement on a portion of City -owned Property, consisting of approximately one thousand two hundred sixty (1,260) square feet, as more particularly described in Exhibit "A," attached and incorporated, for the purpose of construction, operation and maintenance of underground water transmission and distribution facilities and appurtenant above ground equipment with the right to reconstruct, improve, change and remove all or any of the facilities within the easement located at the Property, further containing an automatic reverter should the easement by discontinued or abandoned. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 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