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File ID: #18762
Resolution
Sponsored by: Commissioner Ralph Rosado
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO SECTION 29-B(C) OF THE 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, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA, BY AND THROUGH ITS DEPARTMENT
OF TRANSPORTATION AND PUBLIC WORKS AND ITS DEPARTMENTAL
SUCCESSORS IN INTEREST ("COUNTY"), FOR A PERPETUAL NON-EXCLUSIVE
EASEMENT OVER A PORTION OF CITY -OWNED PROPERTY LOCATED AT 2795
SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, IDENTIFIED BY FOLIO NUMBER
01-4116-000-0220, AND COMMONLY KNOWN AS DOUGLAS PARK ("PROPERTY"),
CONSISTING OF APPROXIMATELY FOUR HUNDRED THIRTY NINE (439) SQUARE
FEET WITHIN THE PROPERTY, AS LEGALLY DESCRIBED IN THE ATTACHED AND
INCORPORATED EXHIBIT "A" ("EASEMENT AREA") FOR THE LIMITED PURPOSE
OF ENTERING UPON THE PROPERTY AND INSTALLING NEW TRAFFIC SIGNAL
POLES AND TRAFFIC CONTROL CABINET, THEREBY UPGRADING THE EXISTING
SPAN WIRE SYSTEM TO MAST ARM SYSTEMS ("FACILITIES"), TOGETHER WITH
ALL APPURTENANT AND ANCILLARY EQUIPMENT REASONABLY NECESSARY
FOR THE MAINTENANCE AND OPERATION OF THE FACILITIES, WITH FULL
RIGHTS OF INGRESS AND EGRESS THERETO; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS,
INCLUDING AMENDMENTS AND MODIFICATIONS TO THE EASEMENT, ALL IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO
EFFECTUATE SAID EASEMENT.
City of Miami
Legislation
Resolution
Enactment Number: R-26-0037
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18762 Final Action Date:1/22/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO SECTION 29-B(C) OF THE 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, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA, BY AND THROUGH ITS DEPARTMENT
OF TRANSPORTATION AND PUBLIC WORKS AND ITS DEPARTMENTAL
SUCCESSORS IN INTEREST ("COUNTY"), FOR A PERPETUAL NON-EXCLUSIVE
EASEMENT OVER A PORTION OF CITY -OWNED PROPERTY LOCATED AT 2795
SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, IDENTIFIED BY FOLIO NUMBER
01-4116-000-0220, AND COMMONLY KNOWN AS DOUGLAS PARK ("PROPERTY"),
CONSISTING OF APPROXIMATELY FOUR HUNDRED THIRTY NINE (439) SQUARE
FEET WITHIN THE PROPERTY, AS LEGALLY DESCRIBED IN THE ATTACHED AND
INCORPORATED EXHIBIT "A" ("EASEMENT AREA") FOR THE LIMITED PURPOSE
OF ENTERING UPON THE PROPERTY AND INSTALLING NEW TRAFFIC SIGNAL
POLES AND TRAFFIC CONTROL CABINET, THEREBY UPGRADING THE EXISTING
SPAN WIRE SYSTEM TO MAST ARM SYSTEMS ("FACILITIES"), TOGETHER WITH
ALL APPURTENANT AND ANCILLARY EQUIPMENT REASONABLY NECESSARY
FOR THE MAINTENANCE AND OPERATION OF THE FACILITIES, WITH FULL
RIGHTS OF INGRESS AND EGRESS THERETO; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS,
INCLUDING AMENDMENTS AND MODIFICATIONS TO THE EASEMENT, ALL IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO
EFFECTUATE SAID EASEMENT.
WHEREAS, the City of Miami, a municipal corporation of the State of Florida ("City"), is
the fee simple owner of property located at 2795 Southwest 37th Avenue, Miami, Florida,
identified by Folio number 01-4116-000-0220, and commonly known as Douglas Park
("Property"); and
WHEREAS, Miami -Dade County, a political subdivision of the State of Florida, by and
through its Department of Transportation and Public Works and its departmental successors in
interest ("County"), has requested the grant of a perpetual, non-exclusive easement
("Easement") containing approximately four hundred thirty nine (439) square feet, located within
the Property, as legally described in the attached and incorporated Exhibit "A" ("Easement
Area"); and
WHEREAS, this Easement will be used solely for the purpose of entering upon and
installing new traffic signal poles and a new traffic control cabinet, thereby upgrading the
existing span wire system to mast arm systems ("Facilities"), together with all appurtenant and
ancillary equipment reasonably necessary for the maintenance and operation of the Facilities,
with full rights of ingress and egress thereto ("Intended Purpose"); 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; 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");
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(c) of the City Charter, the City Manager is hereby
authorized' to negotiate and execute a grant of easement, in a form acceptable to the City
Attorney, to the County to grant a perpetual, non-exclusive easement for the Intended Purpose
within the Easement Area, in accordance with the terms and conditions of the Easement.
Section 3. The City Manager is further authorized to negotiate and execute all other
documents, including amendments and modifications to said Easement, in a form acceptable to
the City Attorney, as may be necessary to complete the Easement subject to all federal, state,
and local laws governing 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:
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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