HomeMy WebLinkAboutR-23-0427City of Miami
Resolution R-23-0427
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14564 Final Action Date: 9/28/2023
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 THE FLORIDA POWER &
LIGHT COMPANY, A FLORIDA PROFIT CORPORATION, FOR A PERPETUAL,
NON-EXCLUSIVE EASEMENT TO THREE AREAS CONTAINING A
COMBINED TOTAL SIZE OF APPROXIMATELY SIX HUNDRED SIXTY-THREE
(663) SQUARE FEET ("EASEMENT AREA") OF CITY OF MIAMI ("CITY")
OWNED PROPERTY LOCATED AT 4355 SOUTHWEST 42 AVENUE, MIAMI,
FLORIDA (FOLIO NO. 01-4129-000-0150) ("PROPERTY"), 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, IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THE EASEMENT, WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES
WITHIN SAID EASEMENT AREA LOCATED AT THE PROPERTY.
WHEREAS, the City of Miami ("City") is the fee simple owner of the property located at
4355 Southwest 42 Avenue, Miami, Florida (Folio No. 01-4129-000-0150) ("Property"); and
WHEREAS, Florida Power & Light Company, a Florida profit corporation ("FPL"), has
requested the grant of a perpetual, non-exclusive easement ("Easement") consisting of three (3)
areas with a combined total size of approximately six hundred sixty-three (663) square feet,
located at the Property, as more particularly described in Exhibit "A," attached and incorporated
("Easement Area"); 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, change, and remove all or any of the facilities within said
Easement Area located at the Property ("Intended Purpose"); 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
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 14564 (Revision: A) Printed On: 12/4/2023
File ID: 14564
Enactment Number: R-23-0427
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 is authorized to negotiate and execute a grant of
easement, in a form acceptable to the City Attorney, with FPL to grant a perpetual, non-
exclusive easement for the Intended Purpose within the Easement Area located at the Property,
in accordance with the terms and conditions of the Easement.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
I
nde` z, City Attor ey 9/19/2023 i ria I "ndez, ity Attor
1 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.
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: 14564 (Revision: A) Printed on: 12/4/2023