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HomeMy WebLinkAboutPre-LegislationCity of Miami tn�l6_OF Fa. V Legislation *tliti fill! IiRl 11 +*� 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