PH.4 - A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A RELEASE OF EASEMENT AND NEW EASEMENT AGREEMENT (“NEW EASEMENT”) WITH MIAMI-DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, THROUGH ITS WATER AND SEWER DEPARTMENT (“WASD”), TO RELEASE, EXTINGUISH, AND TERMINATE THE EXISTING EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 8571, PAGE 1416 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND TO GRANT A PERPETUAL, EXCLUSIVE EASEMENT OVER APPROXIMATELY TWO THOUSAND, SEVEN HUNDRED EIGHTY-NINE (2,789) SQUARE FEET OF LAND WITHIN THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 455 NORTHWEST 47 AVENUE, MIAMI, FLORIDA, IDENTIFIED BY FOLIO NO. 01-4105-101-0010, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A,” ATTACHED AND INCORPORATED (“NEW EASEMENT AREA”), FOR THE CONSTRUCTIO...

WHEREAS, the City of Miami (“City”) is the owner of certain real property located at 455 Northwest 47 Avenue, Miami, Florida, identified by Folio No. 01-4105-101-0010 (“Property”); and

WHEREAS, pursuant to that certain Grant of Easement dated December 21, 1973, and recorded in Official Records Book 8571, Page 1416 of the Public Records of Miami-Dade County, Florida (“Existing Easement”), the City previously granted to Miami-Dade County, a political subdivision of the State of Florida, through its Miami-Dade Water and Sewer Department (“WASD”), an easement for the construction, installation, operation, and maintenance of a sanitary sewer pump station facility on a portion of the Property; and

WHEREAS, the City and WASD desire to enter into a single instrument entitled Release of Easement and New Easement Agreement (“New Easement”), which will release, relinquish, terminate, and extinguish the Existing Easement in its entirety and will grant WASD a perpetual exclusive easement over a modified portion of the Property containing approximately two thousand, seven hundred eighty-nine (2,789) square feet, as more particularly described in Exhibit “A,” attached hereto and incorporated herein (“New Easement Area”); and

WHEREAS, the New 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”); and

WHEREAS, the New Easement will grant WASD the right to construct, reconstruct, install, operate, maintain, repair, replace, improve, remove, and inspect a pump station for sewage transmission and collection, together with all associated gravity sewer mains, manholes, wastewater force mains, water transmission and distribution facilities, and all other appurtenant underground and above-ground equipment and facilities within the New Easement Area, as more particularly provided in the New Easement (“Intended Purpose”); and

WHEREAS, the existing pump station facility provides wastewater services to the surrounding community of approximately one thousand, one hundred (1,100) properties, including a mix of residential, institutional, and commercial properties; and

WHEREAS, the existing pump station facility has now exceeded its useful life and requires rehabilitation to continue to provide safe and reliable wastewater services to the surrounding community; and

WHEREAS, WASD has identified the existing pump station facility as currently under Conditional Moratorium, requiring upgrades in order to accommodate additional flows from any potential future developments; and

WHEREAS, the layout of the new proposed pump station facility will require a modification to its footprint and to the Existing Easement; and

WHEREAS, the New Easement will allow WASD to continue delivering high-quality sanitary sewer service while also providing future capacity within the basin to help avoid future service moratoriums and facilitate continued growth, redevelopment, and economic activity in the surrounding area; and

WHEREAS, the New Easement will reserve to the City the right to grant Florida Power & Light Company (“FPL”) a non-exclusive easement within the New Easement Area for the existing transformer serving the facilities, subject to the terms and conditions set forth in the New Easement; and

WHEREAS, the New Easement shall further provide that upon abandonment or discontinued use of the New Easement, all rights granted thereunder shall automatically terminate and the New Easement Area shall be released from the New Easement, and all rights granted thereunder shall cease and revert back to theCity;

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.  The City Manager is hereby authorized to negotiate and execute, in a form acceptable to the City Attorney, the New Easement with WASD, which shall release, relinquish, terminate, and extinguish the Existing Easement and grant WASD a perpetual, exclusive easement over the New Easement Area for the Intended Purpose, provided that the City reserves the right to grant FPL a non-exclusive easement within the New Easement Area for the existing transformer serving the facilities, subject to the terms and conditions of the New Easement andfurtherprovided that uponabandonment or discontinued use of theNew Easement, all rights granted thereunder shall cease and revert back to theCity.

Section 3.  This Resolution shall become effective immediately upon its adoption and signature of the Mayor.