C7S - Approve Utility Easement for Infrastructure

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A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE, IN THE FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT “A”, AN UNDERGROUND PERPETUAL UTILITY EASEMENT, BY AND BETWEEN THE CITY (GRANTEE) AND BAY HOLDINGS, LLC (GRANTOR), FOR USE BY THE CITY OF AN EASEMENT AREA ON A PORTION OF THE PROPERTY LOCATED AT 2345 LAKE AVENUE, LYING ALONG THE WESTERLY 5 FEET OF LOT 1, BLOCK 3, OF “SUNSET LAKE EXTENSION”, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 40, PAGE 23, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, CONTAINING APPROXIMATELY 1000 SQUARE FEET (EASEMENT AREA), TO CONSTRUCT, OPERATE, MAINTAIN, AND UPGRADE WATER, SANITARY SEWER, AND STORM SEWER UNDERGROUND UTILITY INFRASTRUCTURES WITHIN THE EASEMENT AREA.  

July 23, 2025
Sponsors
Public Works

Detailed Information

Cached: 3 weeks ago

Resolutions - C7 S

COMMISSION MEMORANDUM

TO:
Honorable Mayor and Members of the City Commission
FROM:
Eric Carpenter, City Manager
DATE:
July 23, 2025
TITLE:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE, IN THE FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT “A”, AN UNDERGROUND PERPETUAL UTILITY EASEMENT, BY AND BETWEEN THE CITY (GRANTEE) AND BAY HOLDINGS, LLC (GRANTOR), FOR USE BY THE CITY OF AN EASEMENT AREA ON A PORTION OF THE PROPERTY LOCATED AT 2345 LAKE AVENUE, LYING ALONG THE WESTERLY 5 FEET OF LOT 1, BLOCK 3, OF “SUNSET LAKE EXTENSION”, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 40, PAGE 23, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, CONTAINING APPROXIMATELY 1000 SQUARE FEET (EASEMENT AREA), TO CONSTRUCT, OPERATE, MAINTAIN, AND UPGRADE WATER, SANITARY SEWER, AND STORM SEWER UNDERGROUND UTILITY INFRASTRUCTURES WITHIN THE EASEMENT AREA.

RECOMMENDATION

The Administration recommends approving the Resolution.

BACKGROUND/HISTORY

BAY HOLDINGS, LLC, a Delaware limited liability company (“Grantor”), is the owner of the property located at 2345 Lake Avenue, Miami Beach, within the City’s municipal jurisdiction.

The City has a five (5) foot wide easement located along the west side of Lot 1, Block 3, of the Plat of SUNSET LAKE EXTENSION, recorded in Plat Book 40, at Page 23, of the Public Records of Miami-Dade County, Florida (the “Platted Easement”) which grants the City the right to install storm sewers and drains infrastructure within the Platted Easement.

The City is in need of installing new water and sanitary sewer infrastructure within the Platted Easement; however, the language in the Platted Easement does not specifically reference the category of water and sanitary sewer. The Grantor has agreed to convey to the City a separate perpetual, non-exclusive utility easement, which includes water and sanitary sewer utilities as well as the categories of utilities referenced in the Platted Easement.

FISCAL IMPACT STATEMENT No fiscal impact

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

CONCLUSION The City Manager recommends that the Mayor and City Commission approve and authorize the execution of the Perpetual Utility Easement Agreement, in the form attached to the Resolution as Exhibit “A”, so that the City may execute its water and sanitary sewer infrastructure project.

Applicable Area

South Beach

Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?

Is this item related to a G.O. Bond Project?

Yes

No

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

Public Works

Sponsor(s)

Co-sponsor(s)

Condensed Title

Execute Easement, 2345 Lake Avenue. PW

Previous Action (For City Clerk Use Only)

Attachment

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