HomeMy WebLinkAboutAgenda Item Summary Form1IV OF
3 AGENDA ITEM SUMMARY FORM
File ID: #8015
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Date: 10/08/2020 Requesting Department: Department of
Resilience and Public Works
Commission Meeting Date: 11/19/2020 Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Accept Sidewalk Easement - FPL - NW 23RD ST and NW 1 ST CT
Purpose of Item:
A resolution of the Miami City Commission, with attachment(s) and authorizing the City
Manager to accept a Perpetual Sidewalk Easement from Florida Power and Light
Company for public pedestrian access to portions of sidewalk constructed on the 25 feet
radius corner intersection between NW 23rd Street and NW 1st Court.
Background of Item:
The Grantee ("City of Miami") shall have the right of usage and enjoyment of the
easement area for public pedestrian ingress and egress purposed. The Grantor
("Florida Power and Light Company") shall construct and maintain a sidewalk within the
easement area and clear all trees, undergrowth and other obstructions that may
interfere with the normal ingress and egress upon the easement area by the Grantee,
and out of and away from the public right-of-way. Grantor, its successors and assigns,
agree not to build, construct or create nor permit others on the herein granted easement
area that may interfere wit the normal ingress and egress purpose. Grantor further
grants the Grantee the reasonable right to enter upon the easement area for exercising
the rights herein granted.
Budget Impact Analysis
Item has NO budget impact
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed By
Department of Resilience and Public Works
Review Completed
10/08/2020 3:48 PM
Department of Risk Management
Ann -Marie Sharpe
Office of Management and Budget
Donovan Dawson
Office of Management and Budget
Christopher M Rose
City Manager's Office
Arthur Noriega V
City Manager's Office
Nzeribe Ihekwaba
Legislative Division
Valentin J Alvarez
Office of the City Attorney
Daniel Goldberg
Office of the City Attorney
Barnaby L. Min
Juvenal Santana Department Head
Risk Review
Completed
10/13/2020 5:44 PM
Budget Analyst Review
Completed
10/23/2020 10:16 AM
Budget Review
Completed
10/24/2020 12:20 PM
City Manager Review
Completed
10/24/2020 1:36 PM
Assistant City Manager Review
Completed
10/24/2020 2:04 PM
Legislative Division Review
Completed
10/26/2020 9:54 AM
ACA Review
Completed
11/06/2020 12:29 PM
Deputy City Attorney Review
Completed
11/06/2020 12:42 PM
Office of the City Attorney Victoria M6ndez Approved Form and Correctness Completed 11/08/2020 2:26 PM
City Commission Nicole Ewan Meeting Completed 11/19/2020 9:00 AM
Office of the City Clerk City Clerk's Office Rendered Completed 11/23/2020 5:58 PM
v
City of Miami
Legislation
r=f Resolution
Enactment Number: R-20-0372
File Number: 8015
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:11/19/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
ACCEPTING A PERPETUAL SIDEWALK EASEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, FROM FLORIDA POWER AND LIGHT COMPANY, A FLORIDA
PROFIT CORPORATION, FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS
TO THE SIDEWALK CONSTRUCTED ON THE TWENTY-FIVE FOOT (25) RADIUS
CORNER INTERSECTION BETWEEN NORTHWEST 23RD STREET AND
NORTHWEST 1ST COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS
RELATED TO THE PERPETUAL SIDEWALK EASEMENT, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; DIRECTING THE
CITY MANAGER TO RECORD SAID INSTRUMENT IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, Florida Power and Light Company, a Florida corporation ("Grantor"), is the
owner of the property described in Exhibit "A," attached and incorporated ("Property"); and
WHEREAS, the City of Miami ("City") desires to assure public ingress and egress
access to the sidewalk located on the Property and the Grantor has offered to grant a perpetual
easement to the City for public ingress and egress purposes in substantially the attached form
as Exhibit "B" ("Perpetual Easement"); and
WHEREAS, the Grantor will construct, maintain, and assume liability responsibility for
the portion of the sidewalk located on the Property; and
WHEREAS, the Perpetual Easement will ensure that the general public will have full use
of the sidewalk across the Property; and
WHEREAS, the existing electrical grounding system owned by the Grantor will remain
with the Perpetual Easement; and
WHEREAS, the City agrees with the terms and conditions in the Perpetual Easement;
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 accept the Perpetual Easement, in
substantially the attached form, from the Grantor for the purpose of public pedestrian access to
the sidewalk constructed on the twenty-five foot (25') radius corner intersection between
Northwest 23rd Street and Northwest 1 st Court, Miami, Florida, as more particularly described
in Exhibit "A", attached and incorporated.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents related to the Perpetual Easement, all in forms acceptable to the
City Attorney, for said purpose.
Section 4. The City Manager is further directed to record the Perpetual Easement in the
Public Records of Miami -Dade County, Florida after execution of the same.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
ai4nal ndez, Ufy Httor iey 11/812020
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.