The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

7305 - EASEMENTS

As part of capital projects, utility easements are often required to provide utility services to a School Board facility. In certain instances, a capital project may require vacating an existing utility easement in order to either relocate or abandon such easement.

When appropriate or necessary, the Chief Facilities Officer shall determine the need for granting or vacating utility easements, and forward the necessary documents for execution by the Board Chair and Superintendent without additional action by the Board.

The utility easements to be granted or vacated shall include:

 A.those required by Florida Power & Light Company or other such similar electrical service provider;

 B.those required by the Miami-Dade Water and Sewer Department or other such similar water and/or sewer provider (see below);

 C.those required by any communications service provider for telephone, cable and/or internet service;

 D.those required by any natural gas supplier; and

 E.any other utility easements that the Chief Facilities Officer deems necessary in connection with a Board authorized capital project.

Grant of Easement

Utility easements, except those for water and/or sewer, shall be executed by the Board Chair and Superintendent as follows:

 A.The Office of Capital Improvement Projects shall establish the need for a utility easement.

 B.The Office of Capital Improvement Projects shall forward the legal description and sketch of the easement area, along with all pertinent documentation, including purpose of easement, to the Planning, Design and Sustainability department for processing.

 C.The Planning, Design and Sustainability department shall route the proposed utility easement for review and approval to all appropriate District staff, including the Chief Facilities Officer.

 D.Upon securing approval from the Chief Facilities Officer, the Planning, Design and Sustainability department shall forward the grant of easement instrument for execution by the Board Chair and Superintendent. Prior to execution, the actual instrument will be forwarded to the Board Attorney’s Office and the Office of Risk and Benefits Management for review and approval.

 E.The Planning, Design and Sustainability department shall secure a recorded copy of the grant of easement instrument for placement in the project file.

Grant of Easement for Water and/or Sewer Services

Easements for water and/or sewer services shall be processed for execution by the Board Chair and Superintendent as follows:

 A.the Offsite Utilities Planning and Development Department shall establish the need for a water and/or sewer easement;

 B.the legal description and sketch of the easement area, along with the offsite as-builts, shall be provided to the utility department having jurisdiction prior to a final inspection;

 C.after review and acceptance by the utility department having jurisdiction, the original of the approved legal description and sketch of the water and/or sewer easement shall be provided to the Offsite Utilities Planning and Development Department;

 D.the Offsite Utilities Planning and Development Department shall secure the written approval of the Chief Facilities Officer to enter into the proposed easement, and upon securing approval, shall forward the grant of easement instrument for execution by the Board Chair and Superintendent;
  Prior to execution, the actual instrument will be forwarded to the Board Attorney’s Office and the Office of Risk and Benefits Management for review and approval.

 E.the executed grant of easement instrument shall be submitted to the utility department for recording with the Clerk of County Courts; and

 F.the Offsite Utilities Planning and Development Department shall secure a recorded copy of the grant of easement instrument for placement in the project file.

Vacation of Easement

Upon a determination that a utility easement is to be vacated, and after concurrence by the subject utility company, the Planning, Design and Sustainability Department, or the Offsite Utilities Planning and Development Department, shall facilitate this task in a similar fashion as outlined above, including acquiring the approval of the Chief Facilities Officer.

Ratification

All executed utility easements shall be subsequently presented to the Board for ratification.

Exception

Any utility easements that impose a cost to the Board, other than routine costs which are already contemplated as part of the project’s cost of surveying, preparation of legal descriptions and related application fees, must be presented to the Board for review and prior approval.

F.S. 704.01, 1001.41(1), 1001.41(2), 1001.42(25), 1001.43(10)