HomeMy WebLinkAboutR-23-0072City of Miami
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Resolution R-23-0072
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Legislation
File Number: 13170
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/9/2023
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 ("EASEMENT"), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO FLORIDA POWER &
LIGHT COMPANY, A FLORIDA FOR PROFIT CORPORATION ("FPL"), FOR A
PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY TEN (10)
FEET IN WIDTH LYING FIVE (5) FEET TO THE LEFT AND FIVE (5) FEET TO
THE RIGHT ON A PORTION OF THE CITY OF MIAMI ("CITY") OWNED
PROPERTY LOCATED AT 1099 MACARTHUR CAUSEWAY, MIAMI, FLORIDA,
FOLIO NUMBER 01-3231-000-0013 ("PROPERTY"), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED, FOR THE PURPOSE OF CONSTRUCTING, OPERATING,
AND ONGOING MAINTENANCE OF UNDERGROUND ELECTRIC AND
APPURTENANT ABOVE GROUND EQUIPMENT, WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE
FACILITIES WITHIN THE EASEMENT AREA LOCATED AT THE PROPERTY;
FURTHER CONTAINING A REVERTER PROVISION SHOULD THE
EASEMENT BE ABANDONED OR DISCONTINUED.
SPONSOR(S): Commissioner Christine King
WHEREAS, the City of Miami ("City") is the owner of property located at 1099 MacArthur
Causeway, in Miami -Dade County, Florida, folio number 01-3231-000-0013 ("Property"); and
WHEREAS, Florida Power & Light, a for profit corporation ("FPL"), has requested the
grant of a perpetual, non-exclusive easement of approximately ten (10) feet in width lying five
(5) feet to the left and five (5) feet to the right on the Property, as more particularly described in
Exhibit 'A" attached and incorporated ("Easement'); and
WHEREAS, the Easement shall be granted to implement a project of a governmental
agency or instrumentality in accordance with Section 29-B(c) of the Charter of the City of Miami,
Florida, as amended ("City Charter'); and
WHEREAS, this Easement will be used for the construction, operation, and maintenance
of underground electric, and appurtenant above ground equipment with the right to reconstruct,
improve, change and remove all or any of the facilities within the easement, further containing a
reverter provision should the underground easement be abandoned or discontinued;
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
City of Miami Page 1 of 2 File ID: 13170 (Revision:) Printed On: 212112023
File ID: 13170
Enactment Number: R-23-0072
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 a grant of the Easement, in a form acceptable to the City
Attorney, to FPL, for the purpose of construction, operation and maintenance of underground
electric and appurtenant above ground equipment with the right to reconstruct, improve, change
and remove all or any of the facilities within the easement area located at the Property, further
containing a reverter provision should the easement be discontinued or abandoned.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i ndez, Cify Httor iey 1/31/2023
' 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: 13170 (Revision:) Printed on: 212112023