HomeMy WebLinkAboutR-99-0868J-99-964
11/4/99
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RESOLUTION NO. 2 9- 8 C 8
A RESOLUTION, WITH ATTACHMENTS, OF THE MIAMI
CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S ACTION IN
EXECUTING A GRANT OF EASEMENT TO FLORIDA
POWER AND LIGHT COMPANY AT THE CITY -OWNED
PROPERTY DESCRIBED IN EXHIBIT "A", ATTACHED
HERETO AND MADE A PART HEREOF, OF A TEN FOOT
WIDE PERPETUAL, NON-EXCLUSIVE EASEMENT ON THE
PROPERTY, FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF OVERHEAD AND UNDERGROUND
ELECTRIC UTILITY FACILITIES, WITH THE RIGHT
TO RECONSTRUCT, IMPROVE, CHANGE THE VOLTAGE,
AND REMOVE SUCH FACILITIES OR ANY OF THEM
WITHIN THE EASEMENT.
WHEREAS, Florida Power and Light Company has requested the
grant of a ten foot wide easement on City property on which to
construct, operate and maintain overhead and underground electric
utility facilities (including wires, poles, guys, cables,
conduits and appurtenant equipment) to be installed from time to
time; with the right to reconstruct, improve, change the voltage,
and remove all or any of the facilities within the easement, with
full rights of ingress thereto and egress; and
WHEREAS, pursuant to Motion No. 99-779, approved
October 12, 1999, the City Commission authorized the City Manager
to issue to Florida Power and Light Company, an easement for the
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C0 N 7 A I
KITTY cOMmgrov
MEETING OF
Resolution No.
09 868
proposed new Winn Dixie Supermarket, subject to the approval of
the City Manager that initial hiring at Winn Dixie Stores, Inc.,
a Florida Corporation, (hereinafter called "Winn Dixiefl wn„lri
comply with "First Source Hiring Agreements," Section 18-105 of
the Code of the City of Miami, Florida, as amended); and
WHEREAS, on October 29, 1999, Winn Dixie provided a written
assurance relating to its initial hiring at the store, which has
been accepted by the City Manager;
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. The City Manager's execution of the attached
Grant of Easement to Florida Power and Light Company, at the
property described in Exhibit "A", attached hereto and made a
part hereof, of a ten foot wide perpetual, non-exclusive easement
on the property, for the construction, operation and maintenance
of overhead and underground electric utility facilities, with the
right to reconstruct, improve, change the voltage, and remove
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99- 868
CN., j'
such facilities or any of them within the easement-, is hereby
ratified', approved and confirmed.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayoral
PASSED AND ADOPTED this 16th day of November , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate appro%/GI of
this legislation by signing it in the designated place provided, said legis'
becomes effective with the elapse of ten (10) days fr the date of Ccm: or
regarding same, without the Mayor exer isin t
ATTEST: Wait. J. F e an, City Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVE —;---A —04'OF05ZD 902RECTNESS a✓
928:RCL:hdb
i� The herein ratification 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.
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.
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99- 868
GRANT OF EASEMENT
THIS INDENTURE, made this _g&&,_ day of _4Il2&_1999, between
THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter
called "GRANTOR"), and FLORIDA POWER & LIGHT COMPANY, its licensees,
agents, successors, and assigns, (hereinafter called "GRANTEE");
WITNESSETH:
THAT, the GRANTOR, for and in consideration of the sum of ONE DOLLAR
($1.00) and other good and valuable considerations, the receipt of which is hereby
acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE,
its successors and assigns, the right and privilege of a ten foot wide perpetual, non-
exclusive easement on the property of the GRANTOR, shown and described on
EXHIBIT "A," attached hereto and made a part hereof, (hereinafter called the
"PROPERTY" or "EASEMENT") for the construction, operation and maintenance of
overhead and underground electric utility facilities (including wires, poles, guys, cables,
conduits and appurtenant equipment) to be installed from time to time; with the right to
reconstruct, improve, change the voltage, and remove such facilities or any of them
within the EASEMENT, (hereinafter called the "FACILITIES"), with full right of ingress
thereto and egress therefrom.
The GRANTEE shall regulate the installation and future operations of the
FACILITIES so as not to conflict with normal operations of the GRANTOR; however,
the GRANTEE shall have full right to enter upon the EASEMENT at any time when
normal operations or emergency repairs of the FACILITIES are required.
99- 868
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The GRANTEE agrees to indemnify and hold harmless the GRANTOR from all
and against all suits, claims, judgments, and all loss, damage, costs or charges arising
directly or indirectly from the installation or maintenance, repair, use or existence of this
EASEMENT or GRANTEE'S FACILITIES within the EASEMENT.
The GRANTOR shall be given written notice and the opportunity by the
GRANTEE to attend all preconstruction meetings on installation work of the
FACILITIES within the EASEMENT and shall be notified in writing well in advance of
the actual start of construction within the EASEMENT. It is further understood and
agreed by and between the parties hereto that GRANTOR reserves to itself, its heirs and
assigns, all rights and privileges not specifically granted herein, including but not limited
to, the right to construct streets, cross and recross said EASEMENT, the right to erect
light or telephone lines or any other improvements which do not directly interfere with
the rights granted herein to the GRANTEE.
The GRANTEE shall be held responsible for any damage to adjacent property as
a result of the installation and future operation of the FACILITIES, and further, shall
restore all pavement, sidewalks, curb and gutter, existing utilities, and landscaping to a
condition acceptable to the GRANTOR. The GRANTEE, during the course of
installation and future operation of the FACILITIES, shall not encroach beyond the
boundaries of the EASEMENT.
The GRANTEE shall be responsible to restore the .PROPERTY, including but not
limited to, all pavement, sidewalks, curb and gutter existing utilities, and landscaping to a
condition acceptable to the GRANTOR should the EASEMENT be abandoned or
discontinued by law or otherwise. Furthermore, upon abandonment or discontinuance by
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99-- 868
law or otherwise, said EASEMENT shall cease and revert with the right of immediate
Possession and right of entry to the GRANTOR or its successors in interest.
The GRANTOR does hereby fully warrant that it has good title to the
PROPERTY and that it has full power and authority to grant this EASEMENT.
IN WITNESS WHEREOF, THE CITY OF MIAMI, a municipal corporation of
the State of Florida, in the County of Miami -Dade, by direction of City Commission
Motion No. M-99-779 on October 12, 1999, has caused this instrument to be prepared
and its execution by the City Manager and attestation by the City Clerk is subject to
ratification by resolution of the City Commission at its meeting of November 16, 1999
signed this _ day of 011 , 1999.
ATTEST:
W r J. F an
City Clerk
CITY OF MI I, a municipal corporation of
the State of FIffidn
By:
Donald H. Warshaw, City Manager
3
99- 868
SKETCH TO ACCOMPANY DESCRIPTION
SCALE 1 "=1 00'
SHEET 1 OF 2
NIANUEL G. VERA AND ASSOC INC ti�
ENGINEERS SURVEYORS 6 RAPPERS LB C439 A��,.', �'�' 70P1 SV, tQib►AVC. MIAMI FLORl9A 29163 P1pt !Pf-6P19 FAX PP1-1P9S �5 �g43' `L�1�
FOR DESCRIPTION SEE SHEET 2
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N.W.1/4. S.E.1/4
SEC.35-53-41
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EAST 334.E '
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SOUTH LINE N.W./4. S.E.1/4, SEC.35-5
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-- S11'03'13"E
-x-- 18,76'
.EAST
37.18'
C. B. S. BUILDING
UNDER CONSTRUCTION
(� PROPOSED 10'1 F.P.L. EASEMENT
5.00'
5.00'
P.O.B.
N.W. 11th, STREET
41 __
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1
DESCRIPTION =
A PORTION OF THE S.E. V,, OF SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI- DADE 1f
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS
COMMENCE AT THE S.W. CORNER OF t
EAST, ALONG THE N'W' .OF THE S.E.'/, OF SAID SECTION 35; THENCE I
THE SOUTH LINE OF THE M.W. V4 OF THE S.E. : OF SAID SECTION 35, FOR 334.65 i
FEET: THENCE NORTH FOR 70.00 FEET TO A POINT ON THE NORTH LINE, OF THE SOUTH 70.00
FEET, OF THE N-W- V4, OF THE S.E.'V44 OF SAID SECTION 35,
SAID POINTBEING POINT
I BEGINNING OF A 10.00 FOOT WIDE EASEMENT, LYING 5.00 FEET E EACH SIDE OF TI•IE OF j
I'OLL0 ING DESCRIBED CENTERLINE; THENCE N 121'55" E FOR 37.28 FEET, THENCE
N 1�0l 3" W FOR 198.26 FEET; THENCE N 1°03'38"W FOR 130.58 FEET; THENCE N 543.1'-12" E F
89.30 FEET; THENCE N SC47104" E FOR 23-09 FEET, THENCE N SWI 1'26" E FOR 57.41 FEET; OR
THENCE N 63 20'20" E FOR 23.39 FEET; THENCE N &42'00" E FOR 38.33 FEET; THENCE EAST FOR
1 37.18 FEET; THENCE S 11-03'13" E FOR 18.76 FEET TO THE POINT OF TERMINATION.
t
SURVEYOR'S REPORT=
f
BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED MERIDIAN ALONG THE !
MONUMENT LINE OF N.W. I 1 STREET, WHICH IS "EAST". `
I
THIS IS NOT A BOUNDARY SURVEY. THIS IS A SKETCH TO ACCOMPANY DESCRIPTION FOR A
PROPOSED 10 FOOT F.P.L. EASEMENT.
ABBREVIATIONS =
= DENOTES CENTERLINE.
®C =DENOTES POINT OF COMMENCEMENT.
POT = DENOTES POINT OF TERMINATION.
CBS = DENOTES CONCRETE BLOCK STUCCO.
MANUEL G. VERA --
PROFFESIONAL SURVEYOR AND `►TAPPER #2262
STATE OF FLORIDA =r=;
SHEETS I AND 2 NOT VALID WITHOUT THE ORIGINAL RAISED SEAL OF A FLORIDA
AND MAPPER. RIDA SURVEYOR J�
i
SHEET 2 OF 2
MANUEL G,
VERA AND ASSOC, , I NC.
ENG]NEERS SURVEYDRS 8 MAPPERS La 2439
9421 SW, 10Tth.AVE, M1AM1 lLQt1DA »16S 1
P►OK 221-d210 FAX 221-12"
drl C•J _1x►-6Z 61"000
Ladles and C.tememm!
A.a YOU know. WhWDWO PurWwod the Civia Cetatsar
inkael x*fon with that pueolme. W'i" -INx1e Vchmurliy InOludpr d Aftidy " the Crty of Iyii "s in
dg &A t>he 166 even thnugh Winn-Tyixle wmx not pAject to the C' alcm reUedng to its
Onfinxe,m, s s Firm source Airing
W1 &-Dws is prow of its or $
birinJi Ptacticm- We look fbrward to omMlying with ntu co,c m �°&0 VMzen and of Mr past
our rmw etme at the Civic Center lot OIL �P�bllitiea with T=pert to
We welcome do opponu"UY m meet with a repmaonmtive lap the t?�ae of Warkfar�ee 1?ev+edoPrilg�
to disousa o �Oymm � and to disews the
Prate, prneedllrr�. fbr ienplemaMtlg our hiring
WO Zook tbrwaM to WMWucd good reiationsY with the City.
vgr y you1'it,
161 uio T Abe t
Raa.l ate MenaM
Mami DMaian
mucr
MAOUNG ADDREsM R I"Jdd pow � �M�AAAI. 1141 9. W, IftAVE , POMiaNVO E11=ACH, FL 3308¢ a$77
42204 O*OWAAD (994) 70%.Q7W. OADi (3,M) 7,1,, p
n owa.
99— 868
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AVO�i SYN308YJ 1131'YlO�d BZ�pI 00-OZ-1�
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CITY OF MIAMI, FLORIDA _w 28
INTEROFFICE MEMORANDUM
To:
The Honorable Mayor and Members
of the Ci � Commission
FROM:
D nal H. Warshaw
City Manager
RECOMMENDATION:
DATE: FILE
NOV - 4 19�9
SUBJECT:
Resolution Granting
Easement to Florida Power
REFERENCES A fight Company
ENCLOSURES: Resolution, Grant of Easement
The administration recommends that the City Commission adopt the attached Resolution
ratifying, approving and confirming the City Manager's action in executing a Grant of
Easement to Florida Power & Light Company at the City -owned property described in, non -
Exhibit "A', attached hereto and made a part hereof, of a ten foot wide perpetual
exclusive easement on the property, for the construction, operation and maintenance of
c utility facilities, with the right to reconstruct, improve,
overhead and underground electri
change the voltage, and remove such facilities or any of them within the easement.
BACKGROUND:
Florida Power & Light Company has requested that they be granted a ten foot wide
easement on City property in which to construct, operate and maintain overhead and
underground electric utility facilities (including wires, poles, guys, cables, conduits and
appurtenant equipment) to be installed from time to time; with the right to reconstruct,
improve, change the voltage, and remove such facilities or any of them within the
easement, with full right of ingress thereto and egress therefrom.
Pursuant to Motion No. 99-779, approved October 12, 1999, the City Commission
authorized the City Manager to issue to Florida Power & Light Company, an easement for
the proposed new Winn Dixie Supermarket subject to the City Manager being comfortable
with the first source hiring arrangements made by Winn Dixie Stores, Inc., a Florida
Corporation (hereinafter called "Winn Dixie").
On October 29, 1999, Winn Dixie provided a written assurance relating to its initial hiring
at the store, which has been accepted by the City Manager. In connection with the
purchase of the property from the City, they had voluntarily included a contract provision
in the Purchase and Sale Agreement relating to the initial hiring at the store even though
they were not subject to the City's First Source Hiring Ordinance. Winn Dixie will be
meeting with a representative of the Office of Workforce Development to discuss their
emplo ment requirements and the procedures for implementing the hiring program.
1:mv:MEasementWinnDixie.doc
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