HomeMy WebLinkAboutR-21-0313City of Miami
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Resolution: R-21-0313
File Number: 9353
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/22/2021
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, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE FLORIDA POWER &
LIGHT COMPANY, A FLORIDA PROFIT CORPORATION, FOR A PERPETUAL,
NON-EXCLUSIVE, TEN FOOT (10') WIDE UNDERGROUND EASEMENT OF
APPROXIMATELY SEVEN THOUSAND FOUR HUNDRED EIGHTEEN (7,418)
SQUARE FEET ("EASEMENT AREA") OF CITY -OWNED PROPERTY
LOCATED AT 1061 MACARTHUR CAUSEWAY (FOLIO NO. 01 -3231 -000-
0010), MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE
PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF
UNDERGROUND ELECTRIC UTILITY FACILITIES, INCLUDING CABLES,
CONDUITS, APPURTENANT EQUIPMENT, AND APPURTENANT ABOVE
GROUND EQUIPMENT, IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THE EASEMENT, WITH THE RIGHT TO RECONSTRUCT,
IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID
EASEMENT AREA LOCATED AT THE PROPERTY.
WHEREAS, the City of Miami ("City") owns the property located at 1061 MacArthur
Causeway (Folio No. 01-3231-000-0010), Miami, Florida ("Property"); and
WHEREAS, Florida Power & Light Company, a Florida profit corporation ("FPL"),
requests the grant of a perpetual, non-exclusive, ten foot (10') wide underground easement of
approximately seven thousand four hundred eighteen (7,418) square feet located at the
Property, as legally described in Exhibit "A", attached and incorporated ("Easement Area"); and
WHEREAS, pursuant to Resolution No. R-21-0220 adopted on June 10, 2021, the City
Commission authorized a ten foot (10') wide underground easement with FPL within the
Easement Area; and
WHEREAS, the City has not executed or delivered the easement authorized by
Resolution No. R-21-0220 and FPL has requested to expand the scope of the easement to
allow for the inclusion of appurtenant above ground equipment such as an above -grade vault,
duct bank, manhole, and similar above ground equipment ("Easement"); and
WHEREAS, the purpose of the Easement is for the construction, operation, and
maintenance of underground electric utility facilities, including cables, conduits, appurtenant
equipment, and appurtenant above ground equipment, to be installed from time to time, with the
right to reconstruct, improve, add to, enlarge, change the voltage, change the size of, and
remove all or any of the facilities within said Easement Area located at the Property; and
City of Miami Page 1 of 2 File ID: 9353 (Revision:) Printed On: 81312021
File ID: 9353 Enactment Number: R-21-0313
WHEREAS, the 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 Easement is necessary in order to bring the required electrical service
to the Property and adjacent City -owned properties;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Pursuant to Section 29-B(c) of the City Charter, the City Manager is
authorized' to negotiate and execute the Easement, in a form acceptable to the City Attorney, in
favor of FPL for the purpose of construction, operation, and maintenance of underground
electric utility facilities, including cables, conduits, appurtenant equipment, and appurtenant
above ground equipment, to be installed from time to time, with the right to reconstruct, improve,
add to, enlarge, change the voltage, change the size of, and remove all or any of the facilities
within said Easement Area located at the Property in accordance with the terms and conditions
of the Easement.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i na i ndez, City Httvr ey 7/22/2021
' 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.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 9353 (Revision:) Printed on: 8/3/2021