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HomeMy WebLinkAboutR-23-0074City of Miami Resolution R-23-0074 alldl 11 li.Rl I + Legislation File Number: 13380 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 TEMPORARY 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 TEMPORARY, NON-EXCLUSIVE CONSTRUCTION EASEMENT, ON A PORTION OF THE CITY -OWNED PROPERTIES, IDENTIFIED AS 3851 RICKENBACKER CAUSEWAY (FOLIO NUMBER 01-4216-000-0050) AND 3841 RICKENBACKER CAUSEWAY (FOLIO NUMBER 01-4216-000-0040) MIAMI, FLORIDA (COLLECTIVELY THE "PROPERTY"), CONSISTING OF APPROXIMATELY 6.21 AND 4.69 ACRES RESPECTIVELY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, INCLUDING CABLES, CONDUITS, APPURTENANT EQUIPMENT, AND APPURTENANT ABOVE GROUND EQUIPMENT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT LOCATED AT THE PROPERTY. SPONSOR(S): Commissioner Christine King WHEREAS, the City of Miami ("City") is the owner of the properties located at 3851 Rickenbacker Causeway, folio number 01-4216-000-0050 and 3841 Rickenbacker Causeway, folio number 01-4216-000-0040, in Miami -Dade County, Florida (collectively the "Property"); and WHEREAS, Florida Power & Light Company, a Florida for -profit corporation ("FPL"), requests the grant of a temporary, non-exclusive easement over approximately 6.21 and 4.69 acres of the Property, as more particularly described in Exhibit "A," attached and incorporated; and WHEREAS, the purpose of the Easement is for the construction, operation, and maintenance of underground electric utility facilities, including cables, conduits, appurtenant equipment, and appurtenant above ground equipment, to be installed from time to time, with the right to reconstruct, improve, add to, enlarge, change the voltage, change the size of, and remove all or any of the facilities within the easement located at the Property. 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') NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF City of Miami Page 1 of 2 File ID: 13380 (Revision: A) Printed On: 212212023 File ID: 13380 Enactment Number: R-23-0074 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 a temporary grant of easement ("Easement"), in a form acceptable to the City Attorney, to FPL for a temporary, non-exclusive construction easement, on a portion of the City -owned properties at 3851 Rickenbacker Causeway (folio number 01- 4216-000-0050) and 3841 Rickenbacker Causeway (folio number 01-4216-000-0040 ) Miami, Florida (collectively the "Property"), consisting of approximately 6.21 and 4.69 acres respectively, as more particularly described in Exhibit "A," attached and incorporated, for the purpose of construction, operation, and maintenance of underground electric utility facilities, including cables, conduits, and appurtenant above ground equipment, with the right to reconstruct, improve, change and remove all or any of the facilities within the easement located at the Property. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS 1 1 &ina ity ttor ey 1/31/2023 Un ndez, ity Attor ey 212112023 ' 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: 13380 (Revision: A) Printed on: 212212023