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Legislation
Miami, FL 33133
www.miamigov.com
Resolution
File Number: 09-01044
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, ON CITY OF MIAMI OWNED
PROPERTY LOCATED AT ELIZABETH STEELE PARK, 3525 EAST FAIRVIEW
STREET, MIAMI, FLORIDA, TO FLORIDA POWER AND LIGHT COMPANY, A
FLORIDA CORPORATION, OF A TEN (10) FOOT WIDE STRIP BY
APPROXIMATELY FOUR -HUNDRED TWO (402) FEET LONG, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, TO CONSTRUCT, OPERATE AND MAINTAIN
UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO
RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE
FACILITIES WITHIN THE EASEMENT.
WHEREAS, pursuant to Resolution No. 06-0404, adopted June 22, 2006, the City
Commission approved a Major Use Special Permit ("MUSP") for Hiawatha Village ("Project"); and
WHEREAS, pursuant to the conditions of the MUSP approval, Chateau Apartments, LLP, the
applicant for the Project had to meet certain conditions not limited to providing lighting improvements
to Elizabeth Steele Park, located at 3525 East Fairview Street, Miami, Florida ("Park") as particularly
depicted in Exhibit "B", attached and incorporated; and
WHEREAS, Florida Power and Light Company ("FPL") has requested the grant of easement
for a ten (10) foot wide strip by approximately four -hundred two (402) foot long strip of City -owned
property located at the Park; and
WHEREAS, currently the utility lines are above ground; and
WHEREAS, all new utility lines are to be buried underground; and
WHEREAS, this easement will be used to construct, operate and maintain underground electric
utility facilities (including wires, light poles, guys, cables, conduits and appurtenant equipment) to be
installed from time to time to service the City -owned property exclusively, with the right to reconstruct,
improve, add to, enlarge, change the voltage of, change the size of and remove such facilities or any
of them within the easement, with full right of ingress thereto and egress therefrom; and
WHEREAS, the easement is necessary in order to bring electrical service to the Park;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Cit, of Mianri Page I of 2 Printed On: 912812009
File Number: 09-01044
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute a Grant of Easement, in substantially
the attached form, on City -owned property located at the Park, to FPL, of a ten (10) foot wide strip by
approximately four -hundred two (402) feet long, as more particularly described in Exhibit "A", attached
and incorporated, to construct, operate, and maintain underground electric utility facilities, with the
right to reconstruct, improve, change and remove all or any of the facilities within 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:
JULIE O. BRU�'i�
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that
may be imposed by the City Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten
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.
Cite of Miand Page 2 of 2 Printed On: 9/28/2009