HomeMy WebLinkAboutR-16-0430Vop City of Miami
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Resolution: R-16-0430
File Number: 16-01106
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/8/2016
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, WITH
THE WATER AND SEWER DEPARTMENT ("WASD") OF MIAMI-DADE COUNTY, A
POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FOR A PERPETUAL
NON-EXCLUSIVE UNDERGROUND EASEMENT OF APPROXIMATELY
TWENTY-ONE THOUSAND TWO HUNDRED FIFTY-SEVEN (21,257) SQUARE
FEET OF CITY OF MIAMI ("CITY') OWNED PROPERTY LOCATED AT 1020
MACARTHUR CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE
CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF
WATERLINE FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE,
CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE
EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS
THEREFROM; FURTHER CONTAINING A REVERTER PROVISION SHOULD THE
EASEMENT BE ABANDONED OR DISCONTINUED, WITH THE RIGHT OF
IMMEDIATE POSSESSION AND ENTRY.
WHEREAS, the Water and Sewer Department ("WASD") of Miami -Dade County, a political
subdivision of the State of Florida, has requested a grant of an underground easement of
approximately twenty-one thousand two hundred fifty-seven (21,257) square feet of City of Miami
("City") owned property located at 1020 MacArthur Causeway, Miami, Florida; and
WHEREAS, this underground easement will be used to construct, operate, and maintain water
and sewer utility facilities to be installed from time to time to service exclusively City -owned property,
with the right to reconstruct, improve, add to, enlarge, change the voltage of, change the size of, and
remove all or any of the facilities within said underground easement, with full right of ingress thereto
and egress therefrom; and
WHEREAS, the easement shall further contain a reverter provision stating that if the
easement is abandoned or discontinued, the easement shall cease and revert back to the City, with
the right of immediate possession and entry;
WHEREAS, the underground easement is necessary in order to bring water and sewer
service to the City -owned property;
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 hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
City of Miand Page 1 of 2 File Id. 16-01106 (Version: 1) Printed On: 5/24/2018
File Number: 16-01106 Enactment Number: R-16-0430
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
water easement of approximately twenty-one thousand two hundred fifty-seven (21,257) square feet
of City -owned property located at 1020 MacArthur Causeway, Miami, Florida, as more particularly
described in Exhibit "A", attached and incorporated, for the construction, operation, and maintenance
of underground water and sewer utility facilities, with the right to reconstruct, improve, add to, enlarge,
change the size of, 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
easement be abandoned or discontinued, with the right of immediate possession and entry.
Section 3. This Resolution shall become effective immediately upon its 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. 16-01106 (Version: 1) Printed On: 5/24/2018