Loading...
HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE 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: rge = . Wyy ng Ill, C y ttor -y 1/12/2026 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