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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorney P�6- for DATE: July 6, 2022 RE: Resolution No. R-22-0205 — Easement— Jungle Island File No. 11821 At its June 9, 2022, meeting, the City Commission adopted the above referenced agenda item, PH.6, authorizing the City Manager to negotiate and execute easements at three (3) locations (collectively, "Easement"), attached and incorporated, with TECO, for a perpetual, non-exclusive utility Easement at the City of Miami owned property located at 1111 Parrot Jungle Trail (Folio No. 01-3231-000-0014), Miami, Florida ("Property"), 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. The item inadvertently published with an incomplete reference to the Exhibit in the attachments and in the legislation. The Legislation has been corrected and incremented to Revision A. VM/vja Enclosure(s) M -q ram-- -` is co ('3') Qr, =� CJ I , 8.d-1 53�t;us -Acton, �c�tia 0t 01., l City of Miami * IYCIa? I&A III "`" Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11821 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, 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, WITH ATTACHMENT(S), A GRANT OF EASEMENT(S) (COLLECTIVELY, "EASEMENT"), 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", 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 NEG&IATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUpiNG AMENDMENTS AND MODIFICATIONS TO SAID EASEMENT, ALL IN FORMS! f ACCEPTABLE TO THE CITY ATTORNEY, AS MAYBE NECESSARY TO " EFFECTUATE SAID EASEMENT. WHEREAS, the City of Miami ("City") owns the property located at 1111 Parrot--jungte Trail (Folio No. 01-3231-000-0014), Miami, Florida ("Property"); and -- i 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") 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 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; and 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 29-13(c) of the City Charter, the City Manager is hereby authorized' to negotiate and execute the "Easement", with TECO, for a perpetual, non-exclusive utility Easement at the Property of the Easement Area, as more particularly described in Exhibit "A", 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: n 4tori— i na 1 9ndez, 5/16/2022 � r� d � Csl �r Co � rrit [11 ' 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 Resolution R-22-0205 ot Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11821 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. 7. WHEREAS, the City of Miami ("City") owns the property located at 1111 Parrot-JungiA 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")n 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 Pagel of 2 File ID: 11821 (Revision: A) Printed On: 711412022 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 29-13(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: Ji", ndez, ity Attor ey 5/16/2022 "�ria ndez,CiFy Attor iey 7/14/2022 C) ;i _ Xis �c.. cil " is ' The herein authorization is further subject to compliance with all legal requirements that maybe `: imposed, including but not limited to those prescribed by applicable City Charter and City Code c_n provisions. Z 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: 711412022