HomeMy WebLinkAboutR-04-0187City of Miami
Legislation
Resolution: R-04-0187
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00258 Final Action Date: 3/25/2004
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, WITH FLORIDA POWER & LIGHT
("FPL") FOR A PERPETUAL, NON-EXCLUSIVE 204.6 SQUARE FOOT
EASEMENT OF CITY -OWNED PROPERTY BETWEEN SOUTHWEST 5TH
STREET AND SOUTHWEST 6TH STREET, MIAMI, FLORIDA, ADJACENT TO
JOSE MARTI PARK, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBITS A, B, C,
AND D," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION,
OPERATION, AND MAINTENANCE OF OVERHEAD AND UNDERGROUND
ELECTRIC UTILITY FACILITIES, INCLUDING THE RELOCATION OF THREE (3)
EXISTING POLES AND INSTALLATION OF A NEW MANHOLE, WITH THE
RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE
VOLTAGE, OR THE SIZE, OR REMOVE ANY AND ALL SUCH FACILITIES
WITHIN THE EASEMENT, WITH THE RIGHT OF INGRESS AND EGRESS TO
THE EASEMENT AREA.
WHEREAS, the United States Corps of Engineers has requested that Florida Power & Light
Company ("FPL") relocate its existing subaqueous river crossings because they do not meet the
new depth criteria under the Miami River Dredging Project; and
WHEREAS, FPL has begun directional bore crossing under the Miami River at 1-95 but
because of congestion of existing underground utilities within the right -of way along Southwest 3rd
Avenue, Miami, Florida, it is impossible to locate its facilities within said right-of-way; and
WHEREAS, FPL has requested that they be granted an easement from the City of Miami
("City") on City -owned property adjacent to Jose Marti Park to relocate, construct, operate and
maintain overhead and underground electric utility facilities in furtherance of enhancing electric
power to City residents, and shall compensate the City the sum of $4,993, and
WHEREAS, granting this easement to FPL is necessary to continue to provide electrical
service to City residents and the general public;
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
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, with FPL for a perpetual, non-exclusive 204.6 square foot
City of Miami
Page 1 of 2 File Id: 04-00258 (Version: 21 Printed On: 9/6/2016
File Number: 04-00258 Enactment Number: R-04-0187
easement for City -owned property between Southwest 5th Street and Southwest 6th Street, Miami,
Florida, adjacent to Jose Marti Park, Miami, Florida, as described in "Exhibits A, B, C, and D,"
attached and incorporated, for the construction, operation and maintenance of overhead and
underground electric utility facilities, including the relocation of three (3) existing poles and
installation of a new manhole, with the right to reconstruct, improve, add to, enlarge, change the
voltage, or the size, or remove any and all such facilities within the easement with the right of
ingress and egress to the easement area.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{2}
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.
City of Miami Page 2 of 2 File Id: 04-00258 (Version: 2) Printed On: 9/6/2016