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HomeMy WebLinkAboutR-16-0164Vop City of Miami Legislation < U R �O Resolution: R-16-0164 File Number: 16-00258 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/14/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF AN UNDERGROUND EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, OF APPROXIMATELY FIFTEEN (15) FEET IN WIDTH BY APPROXIMATELY ONE THOUSAND NINE HUNDRED EIGHTY-SEVEN (1,987) FEET IN LENGTH, RUNNING IN A NORTHWEST/SOUTHEAST DIRECTION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, ON THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY AND 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA ("PROPERTY'); FOR A PERPETUAL NON-EXCLUSIVE UNDERGROUND SEWER EASEMENT FOR THE PURPOSES OF CONSTRUCTION, INSTALLATION, OPERATION, AND MAINTENANCE OF UNDERGROUND SEWER LINE FACILITIES ("FACILITIES"), WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID UNDERGROUND EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION SHOULD THE UNDERGROUND EASEMENT BE ABANDONED OR DISCONTINUED, WITH THE RIGHT OF IMMEDIATE POSSESSION AND ENTRY. WHEREAS, the Miami -Dade County Water and Sewer Department ("WASD") has requested a grant of a perpetual non-exclusive underground easement of an area binding a sanitary sewer line, designated "Stadium Sewer Facilities," that is approximately fifteen (15) feet in width by approximately one thousand nine hundred eighty-seven (1,987) feet in length, running in a northwest/southeast direction, as more particularly described in Exhibit "A," attached and incorporated, on City of Miami ("City") owned property located at 3501 Rickenbacker Causeway and 3511 Rickenbacker Causeway, Miami, Florida ("Property"); and WHEREAS, this underground easement will be used for the construction, installation, operation, and maintenance of underground sewer line facilities ("Facilities"), with the right to reconstruct, improve, change, and remove all or any of the facilities within the underground easement, with full right of ingress thereto and egress therefrom; and WHEREAS, the underground easement shall further contain a reverter provision stating that if the underground easement is abandoned or discontinued, said underground easement shall cease and revert back to the City, with the right of immediate possession and entry; 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 as fully set forth in this Section. City of Miand Page 1 of 2 File Id. 16-00258 (Version: 1) Printed On: 5/1/2018 File Number: 16-00258 Enactment Number: R-16-0164 Section 2. The City Manager is hereby authorized{1} to execute a grant of an underground easement, in substantially the attached form, to WASD, for a perpetual non-exclusive underground sewer easement on the Property, for the construction, installation, operation, and maintenance of the Facilities, with the right to reconstruct, improve, change, and remove all or any of the Facilities within the underground easement, with full right of ingress thereto and egress therefrom; further containing a reverter provision should the underground easement be abandoned or discontinued, with the right of immediate possession and entry. Section 3. This Resolution shall become effective immediately upon adoption and signature of the Mayor. {2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and 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 2 of 2 File Id. 16-00258 (Version: 1) Panted On: 5/1/2018