HomeMy WebLinkAboutR-22-0205City of Miami
Resolution R-22-0205
Legislation
File Number: 11821
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/9/2022
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(S) (COLLECTIVELY,
"EASEMENT"), ATTACHED AND INCORPORATED, WITH PEOPLES GAS
SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, A FLORIDA PROFIT
CORPORATION ("TECO"), FOR A PERPETUAL, NON-EXCLUSIVE UTILITY
EASEMENT AT THREE (3) LOCATIONS ON CITY OF MIAMI OWNED
PROPERTY LOCATED AT 1111 PARROT JUNGLE TRAIL, MIAMI, FLORIDA,
FOLIO NUMBER 01-3231-000-0014 ("PROPERTY"), OF APPROXIMATELY
EIGHT HUNDRED SIXTY-TWO (862) SQUARE FEET COLLECTIVELY
("EASEMENT AREA"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A" OF THE EASEMENT, ATTACHED AND INCORPORATED, FOR TECO TO
PLACE, CONSTRUCT, OPERATE, MAINTAIN, REPAIR, AND REPLACE
UNDERGROUND GAS LINES AND ABOVEGROUND AND UNDERGROUND
NECESSARY APPURTENANCES THERETO, WITH THE FULL RIGHT OF
INGRESS THERETO AND EGRESS THEREFROM, IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THE EASEMENT; FURTHER
CONTAINING A REVERTER PROVISION IF THE EASEMENT IS ABANDONED
OR DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY
DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID
EASEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS
MAY BE NECESSARY TO EFFECTUATE SAID EASEMENT.
WHEREAS, the City of Miami ("City") owns the property located at 1111 Parrot Jungle
Trail (Folio No. 01-3231-000-0014), Miami, Florida ("Property"); and
WHEREAS, Peoples Gas System ("TECO") has requested that the City grant TECO a
perpetual, non-exclusive utility easement(s) at three (3) locations (collectively, "Easement"),
attached and incorporated, at the Property of approximately eight hundred sixty-two (862)
square feet collectively ("Easement Area"); and
WHEREAS, the purpose of the Easement is to place, construct, operate, maintain,
repair, and replace underground gas lines and aboveground and underground necessary
appurtenances thereto within said Easement located at the Property with the full right of ingress
thereto and egress therefrom;
WHEREAS, the Easement will 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
City of Miami Page 1 of 2 File ID: 11821 (Revision: A) Printed On: 712712022
File ID: 11821 Enactment Number: R-22-0205
WHEREAS, the Easement shall further contain a reverter provision that should the
Easement be abandoned or discontinued, the Easement shall automatically cease and revert
back to the City;
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 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, attached and incorporated, with TECO, for
a perpetual, non-exclusive utility Easement at the Property of the Easement Area, as more
particularly described in Exhibit "A" of the Easement, attached and incorporated, for TECO to
place, construct, operate, maintain, repair, and replace underground gas lines and aboveground
and underground necessary appurtenances thereto, with the full right of ingress thereto and
egress therefrom, in accordance with the terms and conditions of the Easement.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, including amendments and modifications to said Easement, all in
forms acceptable to the City Attorney, as may be necessary to effectuate said Easement.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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' 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: 11821 (Revision: A) Printed on: 712712022