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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00417 Final Action Date:
A RE -SOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND
RESTATED GRANT OF TEMPORARY EASEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, ON CITY -OWNED PROPERTY LOCATED AT WATSON
ISLAND, MIAMI, FLORIDA (THE "PROPERTY"), TO FLORIDA POWER & LIGHT
COMPANY, A FLORIDA CORPORATION, ("GRANTEE"), OF A TEN (10) FOOT
WIDE STRIP BY AN APPROXIMATELY TWO THOUSAND FORTY SEVEN (2,047)
FOOT LONG STRIP RUNNING EAST/WEST UTILITY EASEMENT, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED, FOR A TEMPORARY NON-EXCLUSIVE EASEMENT ON THE
PROPERTY, TO CONSTRUCT, OPERATE, MAINTAIN, ADD, AND/OR REMOVE
ELECTRIC FACILITIES AND VAULT, WITH THE RIGHT TO RECONSTRUCT,
IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN
THE TEMPORARY EASEMENT.
WHEREAS, Florida Power & Light ("Grantee") has requested the grant of a ten (10) foot wide
strip by an approximately two thousand forty seven (2,047) foot long strip, temporary, non-exclusive
easement running down the east/west length on City -owned property located at Watson Island, Miami,
Florida; and
WHEREAS, in the future the overhead utilities will be relocated and/or buried, and the
easement dimensions will remain; and
WHEREAS, the City Commission adopted Resolution No. 06-0721 on December 14, 2006 for
a grant of easement to the Grantee; and
WHEREAS, the Amended and Restated Grant of Temporary Easement ("Temporary
Easement") is necessary due to possible title encumbrances that may affect lender financing of the
Flagstone Island Garden's development on City -owned property on Watson Island and Grantee is in
agreement with such change; and
WHEREAS, currently the existing utilities are above ground, but in the future all new work
and/or related facilities are to be buried underground; and
WHEREAS, the Temporary Easement shall further contain an automatic termination provision
should the Temporary Easement be abandoned or terminated, the Temporary Easement shall cease
and revert to the City; and
City of Miami Page 1 of 2 Printed On: 4/2/2007
File Number: 07-00417
WHEREAS, the Grantee shall automatically terminate the Temporary Easement upon the
earliest to occur of the following two events: (1) delivery to the Grantee of a certification of a licensed
engineer confirming that relocated lines have been installed, if applicable, along the Florida
Department of Transportation Right -of -Way located adjacent to the above described property and
recordation in the public Records of Miami -Dade County, of permanent easements for the relocated
lines; or (2) written release of the Temporary Easement by Grantee;
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 the Amended and Restated Grant of
Temporary Easement, in substantially the attached form, on City -owned property located at Watson
Island, Miami, Florida (the "Property"), to Grantee, of a ten (10) foot wide strip by an approximately two
thousand forty seven (2,047) foot long strip running east/west utility easement to be relocated and
buried in the future, as more particularly described in Exhibit "A," attached and incorporated, for a
temporary non-exclusive easement on the Property, to construct, operate, maintain, add, and/or
remove electric facilities and vault, with the right to reconstruct, improve, change and remove all or any
of the facilities within the Temporary Easement.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE . RNANDEZ
CITY A O"NEY
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 Printed On: 4/2/2007