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CITY, OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :
FROM:
The Honorable May. and Members
of t ity Commi sio
Crk
Joe A �la
Chief . inistrator/City Manager
RECOMMENDATION:
DATE:
SUBJECT:
OCT 3 0 2003
PH.1
Public Hearing
FILE :
Resolution Granting an Easement
to FP&L within Biscayne Bay
REFERENCES:
ENCLOSUREU:'rant of Easement, Resolution and
Letter dated Sept. 16, 2003.
It is respectfully recommended that the City Commission adopt the attached Resolution
approving the grant of temporary construction easement for the period beginning with the date of
execution and continuing until completion of the project but not to exceed one year, and a grant
of a perpetual easement to Florida Power & Light Company ("FP&L") for the relocation,
construction, installation and maintenance of two existing high voltage electrical cables in order
to accommodate the dredging of the South Channel of the Port of Miami under and through the
City of Miami property located on submerged land on Biscayne Bay, as more particularly
described in Exhibit "A" which is attached hereto and made a part hereof The Resolution
further authorizes the City Manager to execute said Grant of Temporary Construction Easement
and Grant of Easement on behalf of the City of Miami.
BACKGROUND:
On June 10, 2003 the City received a request from FP&L that it needed a Grant of Easement as
well as a temporary construction easement in order to relocate two submerged transmission lines
in order to accommodate dredging of the South Channel of the Port of Miami that will be
conducted by the U.S. Army Corps of Engineers ("Corps"). On June 13, 2003 the City received
a Public Notice from the Corps advising that FP&L made application to relocate two existing
high voltage electrical cables on Biscayne Bay to allow for the dredging of the South Channel to
Federally designated depths. The location of the proposed 69kV and 138kV lines would be
placed at an elevation of —60.0 NGVD or lower in the corridor from the Port of Miami's
southerly bulkhead to 625 feet south of the bulkhead. These existing lines are interconnected
with several substations. These substations include Miami Beach, Lummus Island, Miami and
Virginia Key, serving the Port of Miami, City of Miami and City of Miami Beach.
The Honorable Mayor and
Members of the City Commission
Re: Resolution Granting an Easement
to FP&L within Biscayne Bay
Page 2
The transmission lines will have to be relocated within submerged lands owned by the City of
Miami under Deed No. 18730 as depicted in the FPL Easement sheets 1-5 attached hereto. Deed
No. 18730 contains a deed restriction that states that the lands are to be used by the City of
Miami for harbors and airport construction and development and if the land is used for another
purpose it will revert to the State of Florida. In the attached letter dated September 16, 2003, the
State of Florida Department of Environmental Protection advised that it has made a
determination that this proposed work is consistent with the deed restriction and that no further
proprietary action is required.
FP&L has also requested that the City grant a temporary construction easement area, beginning
with the date of execution and continuing until completion of the project, but not to exceed one-
year, which is approximately 600' by 620' construction work areas and two approximate 50'wide
pipe layout corridors that will each extend from the indicated work area by about 2,000 feet of
submerged property for staging/material storage and laydown/fabrication area, as provided in the
attached construction drawings P-1 through P-8.
Prior to entering upon the temporary construction easement area, FP&L shall furnish to the City
policy/policies of insurance or certificates of insurance in form and such reasonable amounts
approved by the City naming the City as an additional insured and protecting the City, for the
duration of the Easement, against all claims for personal injury and property damage arising out
of or related to the activities undertaken by FP&L, its agents, employees, consultants and
contractors, or anyone directly or indirectly employed by any of them or anyone for whose acts
they may be liable, upon the Property or in connection with activities on the site.
This project is necessary and is in the public interest, both from a navigational and public safety
standpoint. Therefore, the administration recommends that the City Commission adopt the
attached Resolution granting a non-exclusive easement on Biscayne Bay to FP&L to relocate two
existing high voltage electrical cables in order to accommodate the dredging of the South
Channel of the Port of Miami.
FINliAr,L IMPACT: There is no negative financial impact to the City.
LMH:L
JA:mv:rFP&L Easemeot.doc