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Home My WebLink AboutScrivener's Error Memo'CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: George K. Wysong III, City Attorneysio x.Wyi,�rrr DATE: May 15, 2025 RE: Resolution No. R-25-0154 - Execute - Two (2) Grants of Easements - WASD & IconBrickell - Brickell Park File No. 17414 At its April 24, 2025, meeting, the City Commission adopted the above -referenced agenda item, PH.7, 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, a political subdivision of the State of Florida, through their Water and Sewer Department ("WASD"), for a perpetual, non- exclusive easement of approximately two hundred forty (240) square feet, 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 City Manager to execute a grant of easement, in a form acceptable to the City Attorney, to IconBrickell Master Association, Inc., a Florida not -for profit corporation ("IconBrickell"), for a perpetual, non-exclusive easement of approximately seven hundred eighty-three (783) square feet on the Property for IconBrickell to 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 easemsnts. The Legislation contained formatting errors and a scrivener's error regarding the effectivete. The Legislation has been corrected and incremented to Revision A. m GKW/JL/vja Enclosure(s) x' -+ 3 r- N '; co I LI Sto mc,i/to 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 ASSOCIATION, INC., A FLORIDA NOT -FOR PROFIT CORPORATION ("ICONBRICKELL"), FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT F- n„) k,72. 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 jat 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 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 Resolutic are, adopted by reference and incorporated as if fully set forth in this Section. -- _. ,.r Section 2. The City Manager is authorized' to negotiate and execute the Easeilent in Di a form acceptable to the City Attorney, subject to the City's right of reversion shouldthe to 0 Easements be abandoned or discontinued. -'1; ; o n 1 -+ : y C3 .. City of Miami Page 2 of 3 File ID: 17414 (Revision: A) Printed on: 5/16/2025 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 33. 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 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Fite Number: 17414 Final Action Date: 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 CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ICONBRICKELL MASTER ASSOCIATION, INC., A FLORIDA NOT -FOR PROFIT CORPORATION -� ("ICONBRICKELL"), FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OFF APPROXIMATELY SEVEN HUNDRED EIGHTY-THREE (783) SQUARE FEET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED ANEcD INCORPORATED, ON THE PROPERTY FOR ICONBRICKELL TO -` CONSTRUCT, RECONSTRUCT, DIG, LAY, INSTALL, OPERATE, MAINTA1W;- o INSPECT, REPAIR, RELOCATE, REPLACE, REMOVE AND/OR CONNECT, -- NEW PIPES AND ASSOCIATED APPURTENANCES THERETO, UNDER_ ACROSS, AND THROUGH THE PROPERTY WITH FULL RIGHT OF INGRfc8S THERETO AND EGRESS THEREFROM ("ICONBRICKELL EASEMENT"), r (WASD EASEMENT AND ICONBRICKELL EASEMENT COLLECTIVELY, THE `F' "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. 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; c., �J NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITF MIAMI, FLORIDA: act Section 1. The recitals and findings contained in the Preamble to this Resoltgiin ar adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute the Eatssetner , in a form acceptable to the City Attorney, subject to the City's right of reversion should Pe Easements be abandoned or discontinued. �o 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. 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; Q Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ....ram II C y or -y 4/1512025