Loading...
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: f &'na 5/1612022 Un nde� z, C*Att i ey 7/14/2022 ' 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