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itself IF File ID: #5163
< a R 9 Resolution
Sponsored by: Commissioner Manolo Reyes
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING ENCROACHMENTS
INTO A PLATTED UTILITY EASEMENT LOCATED AT APPROXIMATELY 850 NORTHWEST
42 AVENUE, MIAMI, FLORIDA ("PROPERTY'), MORE PARTICULARLY DESCRIBED AS THE
NORTH -SOUTH UTILITY EASEMENT ON THE WESTERN EDGE OF TRACT "A" OF THE
PLAT OF CENTURY PLAZA RECORDED IN BOOK 166, PAGE 35 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, ADJACENT TO NORTHWEST 43
AVENUE, SUBJECT TO THE EXECUTION OF A HOLD HARMLESS AND INDEMNITY
AGREEMENT IN FAVOR OF THE CITY OF MIAMI, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
File Number: 5163
City of Miami
Legislation
Resolution
Enactment Number: R-18-0528
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/15/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
ENCROACHMENTS INTO A PLATTED UTILITY EASEMENT LOCATED AT
APPROXIMATELY 850 NORTHWEST 42 AVENUE, MIAMI, FLORIDA ("PROPERTY"),
MORE PARTICULARLY DESCRIBED AS THE NORTH -SOUTH UTILITY EASEMENT
ON THE WESTERN EDGE OF TRACT "A" OF THE PLAT OF CENTURY PLAZA
RECORDED IN BOOK 166, PAGE 35 OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, ADJACENT TO NORTHWEST 43 AVENUE, SUBJECT TO THE
EXECUTION OF A HOLD HARMLESS AND INDEMNITY AGREEMENT IN FAVOR OF
THE CITY OF MIAMI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, the owner of the property located at 850 Northwest 42 Avenue ("Property")
has submitted plans for redevelopment of the Property ("Redevelopment"); and
WHEREAS, the Property, as platted, contains on its western edge a ten (10) foot wide
utility easement ("Easement") running from north to south, as shown on the plat of Century
Plaza as recorded in Book 166, Page 35 of the Public Records of Miami -Dade County, Florida;
and
WHEREAS, the owner of the Property, in order allow for its Redevelopment, seeks to
construct encroachments into the Easement; and
WHEREAS, the Department of Resilience and Public Works has no objection to such
request; and
WHEREAS, the City Commission finds that there would be no negative effect to the
health, safety, and welfare of the surrounding community by granting such request;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. Recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission authorizes' the encroachments into the Easement
substantially in accordance with the depiction on sheet A-1.00 of that certain plan prepared by
Corwil Architects, titled "Century Parc Place" and dated October 30, 2018, subject to (1) the
execution of a hold harmless and indemnity agreement, in a form acceptable to the City
Attorney, to be recorded in the Public Records of Miami -Dade County, Florida, encumbering the
Property for so long as the encroachments authorized by this Resolution remain in the
Easement and that further provides that no certificate of occupancy or temporary certificate of
occupancy shall issue for the Property until the Easement is closed and vacated by a
subsequent replatting of the Property and (2) the encroachments' adherence to all applicable
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 City Code
provisions.
requirements of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i . ndez, City Attor ey 12/21/2018
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.