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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution • City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 16-00910 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF AN UNDERGROUND EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A NON-EXCLUSIVE PERPETUAL UNDERGROUND EASEMENT OF AN APPROXIMATELY TEN (10) FEET IN WIDTH BY SEVEN HUNDRED NINE (709) FEET IN LENGTH OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3377 CHARTHOUSE DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTAC.HED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND NATURAL GAS UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE SIZE OF, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID UNDERGROUND EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; AND FURTHER PROVIDING A REVERTER PROVISION SHOULD THE UNDERGROUND EASEMENT BE ABANDONED OR DISCONTINUED. WHEREAS, Peoples Gas System, a Division of Tampa Electric Company, a for -profit Florida corporation, has requested the grant of an underground easement of approximately ten (10) feet in width by seven hundred nine (709) feet in length of City of Miami ("City") owned property located at 3377 Charthouse Drive, Miami, Florida; and WHEREAS, this underground easement will be used to construct, operate, and maintain natural gas utility facilities to be installed from time to time to exclusively service said City -owned property, with the right to reconstruct, improve, add to, enlarge, change the size of, and remove all or any of the facilities within said underground easement, with full right of ingress thereto and egress therefrom; and WHEREAS, the underground easement shall further contain a reverter provision stating that if the underground easement is abandoned or discontinued, the underground easement shall cease and revert back to the City; and WHEREAS, the underground easement is necessary in order to bring natural gas utilities to said City -owned property; 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. Section 2. The City Manager is hereby authorized (1) to execute a grant of an underground easement, in substantially the attached form, with Peoples Gas System, a Division of Tampa Electric City of Miami Page 1 of 2 File Id: 16-00910 (Version: 1) Printed On: 7/15/2016 File Number' 16-00910 Company, a for -profit Florida corporation, for a non-exclusive perpetual underground easement of approximately ten (10) feet in width by seven hundred nine (709) feet in length of City -owned property located at 3377 Charthouse Drive, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated, for the construction, operation, and maintenance of underground natural gas utility facilities, with the right to reconstruct, improve, add to, enlarge, change the size of, and remove all or any of the facilities within said underground easement, with full right of ingress thereto and egress therefrom, and further providing a reverter provision should the underground easement be abandoned or discontinued. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} ROV V I AS TO € • RM A D ,CORRECTNESS: CTORIAEND.EZ 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 (10) calendar days from the date it was passed and adopted. If the Mayor vetoes thls Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id 16-00910 (Version: 1) Printed On: 7/15/2016