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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN City of Miami BE SEEN AT END OF THIS DOCUMENT. ��k% s'+ y� City Hall 3500 Pan American Drive resolution R-22-0205 Miami, FL 33133 � ,itu• s.ut , - www.miamigcv.com s� Legislation Fife 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 ('7ECO"), 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 ("TFCO") has requested that the City grant.TECO a perpetual, non-exclusive utility easements) 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 29-8(c) of the Charter of the City of Miami, Florida, as amended ("City Charter'), and City of Miami Page i of 2 Fide ID: 11,321 (Revision: A) Printed On: 711412022 11821 - Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Filc ID: 1IB21 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 MIAM1, 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.z APPROVED AS TO FORM AND CORRECTNESS: w na ' dez, ity ttor iey 5116f2022 i ria dez, i y ttar ey 7/14/2022 s 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 previsions. 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 fRevision: A) Prinfed on: 711412022 SUBSTITUTED City of Miami City Hall .ee�;6it�ir� Legislation 3500 Pan American Drive r , Miami, FL 3313 r Resolution www. miain igov.co File Number: 11821 Final Actio ate: A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECT N 29- B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDS , AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, ITH ATTACHMENTS}, A GRANT OF EASEMENT(S) (COLLECTIVELY, "E EMENT'), WITH PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC OMPANY, A FLORIDA PROFIT CORPORATION (`"TECO°), FOR A PERPETUA NON-EXCLUSIVE UTILITY EASEMENT AT THREE (3) LOCATIONS ON CITY OF AMI OWNED PROPERTY LOCATED AT 1111 PARROT JUNGLE TRAIL, MI I, FLORIDA, FOLIO NUMBER 01-3231-000-0014 ("PROPERTY"), OF APPROXIM TELY EIGHT HUNDRED SIXTY-TWO (862) SQUARE FEET COLLECTIV LY ("EASEMENT AREA"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND INCORPORATED, FOR TECO TC PLACE, CONSTRU OPERATE, MAINTAIN, REPAIR, AND REPLACE UNDERGROUND GAS LIN S AND ABOVEGROUND AND UNDERGROUND NECESSARY APPURTENANCE THERETO], WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS EREFROM, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF TH EASEMENT; FURTHER CONTAINING A REVERTER PROVISION IF E. EASEMENT IS ABANDONED OR DISCONTINUED; FURTHER AUTHORIZIN THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER CESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATION O SAID EASEMENT, ALL IN FORMS - i`Tt ACCEPTABLE TO THE CITY ATTO EY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENT- = U1 -�. WHEREAS, the City of Mia i ("City") owns the property located at 1111 Parrot Jungle 'rf Trail (Folio No. 01-3231-000-001 , Miami, Florida ("Property")-, and I -? V WHEREAS, Peoples as System ("TECO"'} has requested that the City grant TECO a perpetual, non-exclusive u ity easement(s) at three (3) locations (collectively, "Easement"} at the Property of approxii tely eight hundred sixty-two (862) square feet collectively ("Easement Area"); and WHE/EAthe purpose of the Easement is to place, construct, operate, maintain, repair, and rnderground gas lines and aboveground and underground necessary appurtenancto within said Easement located at the Property with the full right of ingress thereto andherefrom; EREAS, the Easement will be granted to implement a project of a governmental ageZaasi nstrumentality in accordance with Section 29-B(c) of the Charier of the City of Miami, Floramended ('"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 SUBSTITUTED 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 29-8(c) of the City Charter, the City Manager is he authorized' to negotiate and execute the `"Easement", with TECO, for a perpetual/aprtenances non- clu�Zive utility Easement at the Property of the Easement Area, as more particularly deExhibit "A", attached and incorporated, for TECO to place, construct, operate, maintaiand replace underground gas lines and aboveground and underground necessary thereto, with the full right of ingress thereto and egress therefrom, in accordane terms and conditions of the Easement.. Section 3. The City Manager is further authorized' to negotiate a execute any and all other necessary documents, including amendments and modifications t said Easement, all in forms acceptable to the City Attorney, as may be necessary to effect to said Easement. Section 4. This Resolution shall become effective immedi ely upon its adoption and signature of the Mayon. APPROVED AS TO FORM AND CORRECTNESS — c-� ria4146deZ, ity ttor ey 5116i2Cl2' !=f CM ell ' T e herein authorization is further subject to compliance with all legal requirements that may be i posed, 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.