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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #14564 Date: 09/05/2023 Commission Meeting Date: 09/28/2023 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Authorizing Grant - FPL Easement - Merrie Christmas Park Purpose of Item: 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 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 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 (Folio No. 01-4129-000-0150), Miami, Florida ("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. Background of Item: The City of Miami ("City") is the fee simple owner of the property located at 4355 Southwest 42 Avenue (Folio No. 01-4129-000-0150), Miami, Florida, ("Property"). Florida Power & Light Company, a Florida profit corporation ("FPL"), has requested the grant of a perpetual, non-exclusive easement ("Easement") consisting of three (3) easement areas with a combined total size of approximately six hundred sixty-three (663) square feet, located at the Property, as more particularly described in the Exhibit "A" of the Easement ("Easement Area"). 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 said Easement Area located at the Property ("Intended Purpose"). 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"). Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Real Estate Review Completed Office of Management and Office of Management and City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Legislative Division Office of the City Attorney Office of the City Attorney Reviewed B and Asset Management 09/06/2023 3:19 PM Budget Pedro Lacret Budget Marie Gouin Larry M. Spring Arthur Noriega V Valentin J Alvarez Thomas M. Fossler Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Valentin J Alvarez Thomas M. Fossler Victoria Mendez Andrew Frey Budget Analyst Review Budget Review Assistant City Manager City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Department Head Completed Completed Completed Completed Completed Completed Completed Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Legislative Division Review ACA Review Approved Form and Correctness Completed Completed Completed Completed 09/07/2023 2:39 PM 09/08/2023 11:10 AM 09/14/2023 9:47 AM 09/14/2023 9:47 AM 09/14/2023 11:09 AM 09/15/2023 8:16 AM 09/19/2023 1:33 PM 09/28/2023 9:00 AM 10/06/2023 3:22 PM 10/06/2023 3:29 PM 10/10/2023 10:45 AM 11/08/2023 10:16 AM 11/15/2023 3:21 PM 11/15/2023 3:32 PM / City of Miami Legislation Resolution Enactment Number: R-23-0427 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: 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: ndez, City Attor Revision A has the Scrivener's amendment by law department and per legal opinion, it may be certified instead of the original version. 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.