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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Resolution R-25-0154 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17414 Final Action Date: 4/24/2025 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 ("CHARTER"), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF 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 ("WASD"), FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY TWO HUNDRED FORTY (240) SQUARE FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, ON CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 501 BRICKELL AVENUE, FOLIO NUMBER 01-0210-000-1040, AND KNOWN AS BRICKELL PARK ("PROPERTY"), 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, 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 THEREIN, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT ("WASD EASEMENT"); FURTHER AUTHORIZING THE CIS, MANAGER TO EXECUTE A GRANT OF EASEMENT, IN A FORM -1 ACCEPTABLE TO THE CITY ATTORNEY, TO ICONBRICKELL MASTER 37; - ASSOCIATION, INC., A FLORIDA NOT -FOR PROFIT CORPORATION ("ICONBRICKELL"), FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT F- n„) APPROXIMATELY SEVEN HUNDRED EIGHTY-THREE (783) SQUARE FEE-', o" AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AN95.:: INCORPORATED, ON THE PROPERTY FOR ICONBRICKELL TO Lat CONSTRUCT, RECONSTRUCT, DIG, LAY, INSTALL, OPERATE, MAINTAIN, INSPECT, REPAIR, RELOCATE, REPLACE, REMOVE AND/OR CONNECT NEW PIPES AND ASSOCIATED APPURTENANCES THERETO, UNDER, ACROSS, AND THROUGH THE PROPERTY WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM ("ICONBRICKELL EASEMENT"), (WASD EASEMENT AND ICONBRICKELL EASEMENT COLLECTIVELY, THE "EASEMENTS"); PROVIDING FOR A REVERTER IF THE EASEMENTS ARE ABANDONED OR DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID EASEMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENTS. SPONSOR(S): Commissioner Damian Pardo City of Miami Page 1 of 3 File ID: 17414 (Revision: A) Printed On: 5/16/2025 17414 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 17414 Enactment Number: R-25-0154 WHEREAS, the City of Miami ("City") is the fee simple owner of the property known as Brickell Park, located at 501 Brickell Avenue, Miami, Florida, and identified by Folio Number 01- 0210-000-1040 ("Property"); and WHEREAS, the Miami -Dade County Water and Sewer Department ("WASD") has requested a perpetual, non-exclusive easement of approximately two hundred forty (240) square feet, as more particularly described in Exhibit "A," attached and incorporated located at the Property; and WHEREAS, the City wishes to grant an 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, 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 therein, with the full right of ingress thereto and egress therefrom, in accordance with the terms and conditions of said easement ("WASD Easement"); and WHEREAS, the IconBrickell Master Association, Inc., a Florida Not -For Profit Corporation ("IconBrickell"), is responsible for the maintenance of Brickell Park pursuant to a Covenant Running with the Land recorded in Miami Dade County Public Records Book 24097, Page 2152; and WHEREAS, IconBrickell has requested a perpetual, non-exclusive easement of approximately seven hundred eighty-three (783) square feet, as more particularly described in Exhibit "B," attached and incorporated, located at the Property; and WHEREAS, the City also wishes to Grant a non-exclusive easement, to IconBrickell, in connection with the WASD Easement project, for IconBrickell to construct, reconstruct, dig, lay, install, operate, maintain, inspect, repair, relocate, replace, remove and/or connect new pipes, which will be connected to the WASD water meter facilities, and associated appurtenances thereto, under, across, with full right of ingress thereto and egress therefrom, in accordance with the terms and conditions of said easement ("IconBrickell Easement"); and WHEREAS, the WASD Easement and IconBrickell Easement (collectively, the "Easements") shall each contain a reverter provision stating that if the Easements are abandoned or discontinued, the Easements shall 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute a form acceptable to the City Attorney, subject to the City's right of reversion Easements be abandoned or discontinued. Resolutit are, the Easements,; in should tfie r ., t, _C3 .. r--- UD 771 (71 City of Miami Page 2 of 3 File ID: 17414 (Revision: A) Printed on: 5/16/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 17414 Enactment Number: R-25-0154 Section 3. The City Manager is further authorized' to negotiate and execute all other necessary documents, including amendments and modifications to said Easements, in a form acceptable to the City Attorney, as may be necessary to complete the Easements subject to all federal, state, and local laws that regulate such transactions. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 4/15/2025 e' ge Wy j ng III, CRy'5/15/2025 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. City of Miami Page 3 of 3 File ID: 17414 (Revision: A) Printed on: 5/16/2025 SUBSTITUTED City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co Fite Number: 17414 Final Actio •ate: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHME (S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY 0 MIAMI, FLORIDA, AS AMENDED ("CHARTER"), AUTHORIZING THE MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEM FORM ACCEPTABLE TO THE CITY ATTORNEY, TO MIAMI-DAD WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVIS STATE OF FLORIDA ("WASD"), FOR A PERPETUAL, NON-E EASEMENT OF APPROXIMATELY TWO HUNDRED FOR FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIB AND INCORPORATED, ON CITY OF MIAMI ("CITY") 0 LOCATED AT 501 BRICKELL AVENUE, FOLIO NUM AND KNOWN AS BRICKELL PARK ("PROPERTY"), CONSTRUCT, RECONSTRUCT, LAY, INSTALL, RELOCATE, REPAIR, REPLACE, IMPROVE, R WATER TRANSMISSION AND DISTRIBUTIO APPURTENANCES THERETO, INCLUDING HYDRANTS, SEWAGE TRANSMISSION ALL APPURTENANT EQUIPMENT, WH EASEMENT SHALL INCLUDE THE RI MAY BE NECESSARY TO CARRY WITH THE FULL RIGHT OF INGR THEREFROM, IN ACCORDANC THE EASEMENT ("WASD EA MANAGER TO EXECUTE A ACCEPTABLE TO THE CI ASSOCIATION, INC., A ("ICONBRICKELL"), F APPROXIMATELY AS MORE PART! INCORPORATE CONSTRUCT INSPECT, R NEW PIP ACROS THER (WA "E T, IN A COUNTY N OF THE LUSIVE 240) SQUARE "A," ATTACHED ED PROPERTY 01-0210-000-1040, R WASD TO ERATE, MAINTAIN, OVE, AND INSPECT ACILITIES AND ALL UT NOT LIMITED TO, FIRE D COLLECTION FACILITIES, AND RIGHT, PRIVILEGE, AND T TO REMOVE OR DEMOLISH, AS T ANY RIGHT GRANTED THEREIN, S THERETO AND EGRESS WITH THE TERMS AND CONDITIONS OF MENT"); FURTHER AUTHORIZING THE CITY RANT OF EASEMENT, IN A FORM ATTORNEY, TO ICONBRICKELL MASTER ORIDA NOT -FOR PROFIT CORPORATION -� A PERPETUAL, NON-EXCLUSIVE EASEMENT OFF EN HUNDRED EIGHTY-THREE (783) SQUARE FEE' LARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND , ON THE PROPERTY FOR ICONBRICKELL TO .3' ECONSTRUCT, DIG, LAY, INSTALL, OPERATE, MAINTAAI,' o AIR, RELOCATE, REPLACE, REMOVE AND/OR CONNECT, -- AND ASSOCIATED APPURTENANCES THERETO, UNDER_ AND THROUGH THE PROPERTY WITH FULL RIGHT OF INGRES 0 AND EGRESS THEREFROM ("ICONBRICKELL EASEMENT"), EASEMENT AND ICONBRICKELL EASEMENT COLLECTIVELY, THE `O EMENTS"); PROVIDING FOR A REVERTER IF THE EASEMENTS ARE ANDONED OR DISCONTINUED; FURTHER AUTHORIZING THE CITY ANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID EASEMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENTS. WHEREAS, the City of Miami ("City") is the fee simple owner of the property known as Brickell Park, located at 501 Brickell Avenue, Miami, Florida, and identified by Folio Number 01- SUBSTITUTED 0210-000-1040 ("Property"); and WHEREAS, the Miami -Dade County Water and Sewer Department ("WASD") has requested a perpetual, non-exclusive easement of approximately two hundred forty (240) square feet, as more particularly described in Exhibit "A," attached and incorporated located the Property; and WHEREAS, the City wishes to grant an easement for WASD to construct, reco ruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove, and inspect ater transmission and distribution facilities and all appurtenances thereto, including but it limited to, fire hydrants, sewage transmission and collection facilities, and all appurtenant e• • ipment, which right, privilege, and easement shall include the right to remove or demoli , as may be necessary to carry out any right granted therein, with the full right of ingress t► -reto and egress therefrom, in accordance with the terms and conditions of said easement (" ASD Easement"); and WHEREAS, the IconBrickell Master Association, Inc., a Florid of -For Profit Corporation ("IconBrickell"), is responsible for the maintenance of : ckell Park pursuant to a Covenant Running with the Land recorded in Miami Dade Coun •ublic Records Book 24097, Page 2152; and WHEREAS, IconBrickell has requested a perpetual on -exclusive easement of approximately seven hundred eighty-three (783) square f- -t, as more particularly described in Exhibit "B," attached and incorporated, located at the P ,. perry; and WHEREAS, the City also wishes to Grant a on -exclusive easement, to IconBrickell, in connection with the WASD Easement project, for onBrickell to construct, reconstruct, dig, lay, install, operate, maintain, inspect, repair, reloc. -, replace, remove and/or connect new pipes, which will be connected to the WASD water ' -ter facilities, and associated appurtenances thereto, under, across, with full right of ingr- s thereto and egress therefrom, in accordance with the terms and conditions of said easeme("IconBrickell Easement"); and WHEREAS, the WASD Ease ent and IconBrickell Easement (collectively, the "Easements") shall each contain a verter provision stating that if the Easements are abandoned or discontinued, the ' - sements shall cease and revert back to the City; c., NOW, THEREFORE : E IT RESOLVED BY THE COMMISSION OF THE CITF MIAMI, FLORIDA: `'`'' act Section 1. The ' -citals and findings contained in the Preamble to this Resolq& art adopted by referenc= nd incorporated as if fully set forth in this Section. `''' Section he City Manager is authorized' to negotiate and execute the Ea�ss�neri, in a form accept- - e to the City Attorney, subject to the City's right of reversion should Pe N Easements • - abandoned or discontinued. �o ction 3. The City Manager is further authorized' to negotiate and execute all other neces - ry documents, including amendments and modifications to said Easements, in a form acc- able to the City Attorney, as may be necessary to complete the Easements subject to all fe• ral, state, and local laws that regulate such transactions. 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. 6®i ;1 fT; SUBSTITUTED Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ....ram Wy n. lII C y or -y 4;1512025