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Resolution: R-21-0220
File Number: 9042
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/10/2021
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 FOR -PROFIT FLORIDA CORPORATION, FOR A
PERPETUAL, NON-EXCLUSIVE, TEN (10) FOOT WIDE UNDERGROUND
EASEMENT OF APPROXIMATELY SEVEN THOUSAND FOUR HUNDRED
EIGHTEEN (7,418) SQUARE FEET OF CITY -OWNED PROPERTY LOCATED
AT 1061 MACARTHUR CAUSEWAY (FOLIO NO. 01-3231-000-0010)
("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
ATTACHED AND INCORPORATED ("UNDERGROUND EASEMENT AREA"),
FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND
MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES 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 UNDERGROUND EASEMENT AREA
ONLY.
WHEREAS, the City of Miami ("City") owns the property located at 1061 MacArthur
Causeway, Miami, Florida and identified as Folio No. 01 -3231 -000-0010 ("Property"); and
WHEREAS, Florida Power & Light Company, a for profit Florida corporation (TPL"), has
requested the grant of a perpetual, non-exclusive, ten (10) foot wide underground easement
("Easement") of approximately seven thousand four hundred eighteen (7,418) square feet
located at the Property, as more particularly described in Exhibit "A", attached and incorporated
("Underground Easement Area"); and
WHEREAS, the purpose of the Easement is for the construction, operation, and
maintenance of underground electric utility facilities (including cables, conduits, and appurtenant
equipment) to be installed from time to time, with the right to reconstruct, improve, add to,
enlarge, change the voltage, change the size of, remove such facilities, or any of them solely
within said Underground Easement Area located at the Property; and
WHEREAS, the Easement shall not authorize the installation of above -ground
equipment or facilities on the Underground Easement Area; and
WHEREAS, the Easement shall be granted to implement a project of a governmental
agency or instrumentality in accordance with Section 29-13(c) of the Charter of the City of Miami,
Florida, as amended ("City Charter'); and
WHEREAS, the Easement is necessary in order to bring electrical service to the
City of Miami Page 1 of 2 File ID: 9042 (Revision: A) Printed On: 711312021
File ID: 9042
Enactment Number: R-21-0220
Property and the adjacent City -owned property located at 1111 Parrot Jungle Trail, Miami,
Florida and leased to ESJ JI Leasehold, LLC;
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 hereby
authorized' to negotiate and execute the Easement, in a form acceptable to the City Attorney, to
FPL for the purpose of construction, operation, and maintenance of underground electric utility
facilities, with the right to reconstruct, improve, and remove all or any of the facilities within said
Underground Easement Area located at the Property and 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:
i rla i "nd- e ttar ey 6/112021
' The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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: 9042 (Revision: A) Printed on: 711312021