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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City AttorneyVt— for DATE: November 8 2023 RE: Resolution No. R-23-0427 — Authorizing Grant - FPL Easement - Merrie Christmas Park File No. 14564 At its September 28, 2023, meeting, the City Commission adopted the above referenced agenda item, PH.5, authorizing the City Manager to negotiate and execute a grant of easement ("Easement"), in a form acceptable to the City Attorney, with Florida Power & Light Company, a Florida profit corporation, to grant a perpetual, non-exclusive easement 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 4355 Southwest 42 Avenue, Miami, Florida (Folio No. 01- 4129-000-0150), in accordance with the terms and conditions of the Easement. The item inadvertently published with an incorrect description of the effective date. The Legislation has been corrected and incremented to Revision A. VM/vja Enclosure(s) � y stoSoa-;Jen.ols E oftf2}At, City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14564 Final Action Date: 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 „Sr RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT AREA LOCATED AT THE PROPERTY. o WHEREAS, the City of Miami ("City") is the fee simple owner of the property loaateit 4355 Southwest 42 Avenue, Miami, Florida (Folio No. 01-4129-000-0150) ("Property");;and= WHEREAS, Florida Power & Light Company, a Florida profit corporation ("FPL"), hag 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 govemmental 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. ri 40. rn t7 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. APPROVED AS TO FORM AND CORRECTNESS: • w • 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. City 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 m t 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 `c2-NCPOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A LFQRM ACCEPTABLE TO THE CITY ATTORNEY, TO THE FLORIDA POWER & 7,7 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: 11/29/2023 Fite HD: 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: na de5 z, City ttor 1 1 9/19/2023 ' t6ria dez, i y ttor ey 11/15/2023 • r— rr 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. 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: 14564 (Revision: A) Printed on: 11/29/2023