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 ("CITY 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 WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (“WASD”), FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT ON A PORTION OF CITY OF MIAMI (“CITY”) PROPERTY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A,” ATTACHED AND INCORPORATED (“PROPERTY”), FOR AN EASEMENT AREA OF APPROXIMATELY ONE THOUSAND, NINE HUNDRED THIRTY-THREE (1,933) SQUARE FEET LOCATED WITHIN THE PROPERTY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “B,” ATTACHED AND INCORPORATED (“EASEMENT AREA”), FOR WASD TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE, AND INSPECT WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO, INCLU...

WHEREAS, the City of Miami (“City”) is the fee simple owner of the property as more particularly described in Exhibit “A,” attached and incorporated (“Property”); and WHEREAS, the Miami-Dade County Water and Sewer Department ("WASD") has requested a perpetual, non-exclusive easement (“Easement”) of approximately one thousand, nine hundred thirty-three (1,933) square feet located within the Property, as more particularly described in Exhibit “B,” attached and incorporated (“Easement Area”); and WHEREAS, the City wishes to grant the Easement for WASD to construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove, and inspect water transmission and distribution facilities and all appurtenances thereto, including but not limited to, fire hydrants, sewage transmission and collection facilities, and all appurtenant equipment, which right, privilege, and Easement shall include the right to remove or demolish, as may be necessary to carry out any right granted therein, with the full right of ingress thereto and egress therefrom, in accordance with the terms and conditions of the Easement (“Intended Purpose”); 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; 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 if fully set forth in this Section. Section 2. The City Manager is authorized to execute the Easement to WASD for the Intended Purpose. Section 3. The City Manager is further authorized1 to negotiate and execute all other necessary documents, including amendments and modifications to said Easements, in a form acceptable to the City Attorney, as may be necessary to complete the Easement subject to all federal, state, and local laws that regulate such transactions. Section 4. This Resolution shall become effective immediately upon its adoption and signature by the Mayor.